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2/27/2001 - Regular
P AN ,~- L ., ~~~~~ ~ 1 38 ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA FEBRUARY 27, 2001 ~~~~~ Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, will be rebroadcast on Thursdays at 7 P.M. and Saturdays at 4 p.m., and are now closed captioned. 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 so reasonable accommodations may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call ALL PRESENT AT 3:05 P.M. 2. Invocation: Reverend Tom Stocks Rosalind Hills Baptist Church Chaplain, Police Department 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS NONE C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS NONE 1 ® Recycled Paper D. BRIEFINGS NONE E. NEW BUSINESS 1. Request for $60,000 funding to purchase up to twenty automated external defribillators. (Rick Burch, Fire and Rescue Chief) A-022701-1 HCN MOTION TO APPROVE AND APPROPRIATE $60,000 FROM BOARD CONTINGENCY FUND AYES: JBC, HCN. HOM NAYS: BLJ, JPM 2. Request to proceed with obtaining bids for Roanoke County Courthouse renovations and repairs. (Anne Marie Green, General Services Director) A-022701-2 JBC MOTION TO APPROVE STAFF RECOMMENDATION URC 3. Request from Police Department to authorize creation of a Regional Family Violence Fatality Review Team. (Ray Lavinder, Police Chief) R-022701-3 HOM MOTION TO ADOPT RESO URC 4. Request to approve agreement with SMPAC to provide additional information to the State Corporation Commission and appropriate $5,000. (Elmer Hodge, County Administrator) A-022701-4 HOM MOTION TO APPROVE AND APPROPRIATE $5,000 FROM BOARD CONTINGENCY FUND URC F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the 2 requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. BLJ MOTION TO APPROVE 1ST READING 2ND AND PUBLIC HEARINGS - 3/27/01 URC 1. First reading of ordinance to obtain a Special Use Permit to rezone 200 acres from R-1 Residential District to AG-3 Agriculture and Rural Reserve District and to obtain a Special Use Permit for a commercial stable located on 5350 Poor Mountain Road, Salem, VA 24153, Catawba Magisterial District, upon the petition of Judy Gustafson. JBC REQUESTED WORK SESSION ON ISSUE OF PRIVATE AND COMMERCIAL STABLES AT 3/13/01 MEETING 2. First reading of ordinance to rezone 4.369 acres from AG-1 Agriculture, to AR, Agricultural Residential to construct new single family houses located at 1114 Skyview Road (Route 755), Catawba Magisterial District, upon the petition of W. F. Walker. 3. First reading of ordinance to obtain a Special Use Permit to operate an Automobile Dealership, Used on 1.4088 acres located at 3328 Peters Creek Road, Hollins Magisterial District, upon the petition of Marc I. Wilson. 4. First reading of ordinance to obtain a Special Use Permit to 13.4 acres for a private stable located at Carlos Drive (Route 616), Hollins Magisterial District, upon the petition of Larry E. Huffman. 5. First reading of ordinance to rezone 4.068 acres from R-3, Medium Density Residential with conditions to R-3, Medium Density Residential with amended conditions, property located at the intersection of Cave Spring Lane and Old Cave Spring Road, Windsor Hills Magisterial District, upon the petition of Jeffrey S. Maronic. G. FIRST READING OF ORDINANCES 1. First reading of ordinance amending Chapter 19, Solicitors and Solicitations of the Roanoke County Code, providing for additional definitions, revisions to procedures for applications, investigations, approvals and denials, and prohibitions against solicitations in public 3 roads. (Paul Mahoney, County Attorney) REPORT PRESENTED BY DANA LAZURRI, INTERN HOM MOTION TO APPROVE 1ST READING 2ND READING - 3/13/01 -URC 2. First reading of an ordinance amending Section 20-24, Specific Collection Categories, of Chapter 20, Solid Waste of the Roanoke County Code, to provide for the removal of solid waste containers from the public road after collection, and prescribing penalties therefor. (Paul Mahoney, County Attorney) ONE CITIZEN SPOKE BLJ MOTION TO REFER TO WORK SESSION ON 3/13/01 URC H. SECOND READING OF ORDINANCES 1. Second reading of ordinance amending and reenacting Section 16-2 and enacting Section 16-9.1 of the Roanoke County Code to authorize and regulate the employment of police officers and sheriff's deputies in off-duty circumstances which may require the use of their police powers. (Joe Obenshain, Senior Assistant County Attorney) 0-022701-5 BLJ MOTION TO ADOPT ORD URC APPOINTMENTS 1. League of Older Americans Advisory Council 2. Social Services Advisory Board 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. 4 R-022701- 6 HCN MOTION TO ADOPT CONSENT RESO AFTER DISCUSSION OF ITEMS 4 AND8-URC 1. Approval of minutes for January 9, 2001. 2. Ratification of committee appointments to the Virginia's First Regional Industrial Facility Authority and Southwest Development Financing, Inc. A-022701-6.a 3. Request from Police Department to accept $41,804 V-stop grant for prevention and investigations of violent crimes against women. A-022701-6.b 4. Request from Police Department for acceptance of Department of Motor Vehicles grant funds for aggressive driver enforcement. A-022701-6.c CHIEF OF POLICE LAVINDER RESPONDED TO QUESTIONS FROM HOM 5. Request from schools for acceptance of capital grant in the amount of $804,000 under the Standards of Learning Technology Initiative. A-022701-6.d 6. Request from schools for acceptance of $21,869 grant from the Virginia Department of Education to be used for Administrative Software Support. A-022701-6.e 7. Acceptance of water and sewer facilities serving Crestwood Estates. A-022701-6.f 8. Approval of Revisions to the Employee Handbook. A-022701-6.g HCN REQUESTED THAT JOE SGROI PROVIDE HIM WITH LIST OF ITEMS 5 SUGGESTED BY DEPT DIRECTORS OR EMPLOYEES THAT WERE NOT INCLUDED IN THE HANDBOOK 9. Request from Schools to accept $50,000 grant from the Department of Education for alternative education program. A-022701-6. h 10. Acceptance of waterline easements for Stonegate Subdivision in the Hollins Magisterial District A-022701- .i 11. Acceptance of Brookhaven Court and a portion of Monet Drive into the Virginia Department of Transportation Secondary System. R-022701- .i K. REQUESTS FOR WORK SESSIONS JBC REQUESTED WORK SESSION ON 3/13/01 FOR ITEMS F.1 AND F.4 CONCERNING COUNTY'S POSITION ON PRIVATE AND COMMERCIAL STABLES JBC REQUESTED WORK SESSION ON STREET LIGHTS AT A DATE TO BE DETERMINED BY STAFF BLJ REQUESTED WORK SESSION ON 3/13/01 ON REMOVAL OF SOLID WASTE CONTAINERS R. REQUESTS FOR PUBLIC HEARINGS NONE M. CITIZENS' COMMENTS AND COMMUNICATIONS NONE N. REPORTS BLJ MOTION TO RECEIVE AND FILE 6 URC 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Statement of Estimated Revenues and Expenditures for the month ended January 31, 2001 6. Changes to the Virginia Department of Transportation Secondary System in January, 2001 7. Accounts Paid -January 2001 O. WORK SESSIONS (4T" FLOOR CONFERENCE ROOM) 1. Changes in work hour schedules for Fire and Rescue Department staff. (Rick Burch, Fire and Rescue Chief) TIME: 8:45 P.M. UNTIL 9:00 P.M. PRESENTED BY: RICK BURCH 2. Budget Work Session (Brent Robertson, Budget Director) TIME: 9:00 P.M. UNTIL 9:07 P.M. PRESENTED BY: BRENT ROBERTSON AND ELMER HODGE 3. Courthouse renovation and repairs. (Anne Marie Green, General Service Director) WORK SESSION WAS NOT DEEMED TO BE NECESSARY AND NOT HELD P. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344 A (3) discussion on the sale or use of public property, Item U-1, and Salem Bank and Trust building; Section 2.1-344 A (7) consultation with legal counsel pertaining to specific legal matters, i.e. (1) contract negotiations with Division of Motor Vehicles; and (2) Virginia Gas, Item E.4; and Section 2.1- 7 344 A (5) economic development prospect where there has been no previous announcement. CONSENSUS TO ADD ITEM TO CLOSED MEETING PURSUANT TO SECTION 2.1-344 A (7) CONSULTATION WITH LEGAL COUNSEL PERTAINING TO SPECIFIC LEGAL MATTER, I.E. VIRGINIA GAS, ITEM E.4 AT 5:05 P.M.. HCN MOTION TO GO INTO CLOSED MEETING URC CLOSED MEETING HELD FROM 5:05 P.M. UNTIL 7:00 P.M. BLJ LEFT AT 6:45 P.M. DUE TO A POTENTIAL CONFLICT DURING DISCUSSION OF REAL ESTATE MATTER EVENING SESSION (7:00 P.M.) HOM ANNOUNCED THAT WORK SESSIONS WOULD BE HELD AFTER THE EVENING SESSION Q. CERTIFICATION RESOLUTION R-022701-7 AT 7:00 P.M. HOM MOTION TO RETURN TO OPEN MEETING AND ADOPT CERTIFICATION RESO -URC R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS Resolution of Congratulations to Dereck Williams, Glenvar High School, for being named to the All State Group A Football Team. ACCEPTED BY DERECK WILLIAMS AND FAMILY R-022701-8 JBC MOTION TO ADOPT RESO URC 2. Proclamation declaring February 2001 as School Board Appreciation Month. ACCEPTED BY CHAIR OF SCHOOL BOARD. MIKE STOVALL CATAWBA BOARD MEMBER ROARK ALSO PRESENT HCN MOTION TO ADOPT PROCLAMATION 8 URC S. PUBLIC HEARINGS 1. Public Hearing to receive citizen comments on redistricting Roanoke County as a result of the most recent decennial census. (Paul Mahoney, County Attorney) FOUR CITIZENS SPOKE T. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to rezone 2.16 acres from C-1 Office District with conditions to C-1 Office District with Conditions and to obtain a Special Use Permit for religious assembly, located at 5422 Starkey, Road, Cave Spring Magisterial District upon the petition of the Trustees of Korean Baptist Church. (Terry Harrington, County Planner) 0-022701-9 HOM MOTION TO ADOPT ORD WITH CONDITIONS AYES: JPM, JBC, HCN, HOM NAYS: BLJ 2. Second reading of ordinance to rezone 1.31 acres from R-1 Low Density Residential to R-4 High Density Multi-Family Residential located at 6621 Peters Creek Road, Hollins Magisterial District, upon the petition of Jones and Jones Associates. (Terry Harrington, County Planner) 0-022701-10 BLJ MOTION TO ADOPT ORD URC 3. Second reading of ordinance to rezone 3 acres from AR Agricultural Residential to C-2 with Clearbrook Village Overlay District with conditions for retail sales located at 5679 Franklin Road, Cave Spring Magisterial District, upon the petition of Mi Suk Perry. (Terry Harrington, County Planner) ONE CITIZEN SPOKE 0-022701-11 9 HOM MOTION TO ADOPT ORD WITH CONDITION AYES: JPM, JBC, HCN. HOM NAYS: NONE ABSTAIN: BLJ 4. Second reading of ordinance to rezone a portion of a 1.94 acres from AR Agricultural Residential to AV Agricultural Village and to obtain a Special Use Permit with conditions for a Garden Center located in the 7700 block of Bent Mountain Road, Windsor Hills Magisterial District, upon the petition of Tracy A. Bryant. (Terry Harrington, County Planner) 0-022701-12 JPM MOTION TO ADOPT ORD WITH CONDITIONS URC 5. Second reading of ordinance authorizing the vacation of a portion of an existing 15-foot sanitary sewer easement and acceptance of a relocated portion of the same easement across Lot 17, Section I, Phase III, Ruxton of Roanoke located in the Cave Spring Magisterial District. (Terry Harrington, County Planner) 0-022701-13 HOM MOTION TO ADOPT ORD URC U. SECOND READING OF ORDINANCES 1. Ordinance accepting an offer for and authorizing the sale of 37.86 acres of real estate located in the City of Salem -The Lloyd Property, Tax Map No. 194-1-1. (Paul Mahoney, County Attorney) A~ CTION CONTINUED FROM 2/13/01 ONE CITIZEN SPOKE CONSENSUS OF BOARD FROM CLOSED MEETING FOR STAFF TO GO BACK AND NEGOTIATE FURTHER V. CITIZENS' COMMENTS AND COMMUNICATIONS BILL OVERSTREET -CONCERNS WITH TRASH CANS AND ORDINANCE DISCUSSED EARLIER 10 W. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church: (1) Advised that Northside High School boys Basketball Team is playing in regional tournament tonight. (2) Advised that he favors raising the gross income amount to receive tax relief to possibly 50 000. Supervisor Nickens: (1) Asked ECH for status of webcasting Board meetings. AMG and KBS responded and ECH advised that project is moving forward. Supervisor Johnson: (1) Advised that the current decisions on state budget will prove devastating to the County budget. Supervisor McNamara: (1) Reported on the School Construction Committee meeting he attended this morning and advised that Hidden Valley High School and Glenvar Middle School projects are on schedule and progressing well. (2) Advised that he believes the County revenues are in decent shape but with questions about the state budget, the County cannot set tax rates. He believes that all taxes should be discussed including BPOL taxes and it is premature to increase exemption amount for tax relief. JBC responded that he was alerting the Board to the need for an increase in the exemption amount for tax relief but understood that it would require legislative approval. Supervisor Minnix: (1) Advised that the Cave Spring High School Swim Team won State honors and asked that they be recognized at Board meetinq_(21 Advised that Cave Spring High School girls and boys Basketball Teams are playing in regional tournaments tonight. (3) Advised that Spike Harrison had resigned from the Metropolitan Planning Organization since he is now coaching softball at Glenvar High School. JPM suggested that JBC be appointed and JBC indicated that he was willing to accept the appointment. ~1 Advised that residents from Georgetown Park want to put up sign at entrance on Colonial Drive and asked staff to get them information necessary to do this. (5) Advised that he received complaint from resident concerning speeding and trash from construction of Hidden Valley High School, and asked that Clerk send a cogy of this complaint to the Chairman of the School Board. X. ADJOURNMENT AT 9:07 P.M., HOM MOTION TO ADJOURN - URC it AN ,~. . L p a 1 38 C~.a~x~#g ~~ ~~r~x~~~.e ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA FEBRUARY 27, 2001 ,~~~~,~ Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, will be rebroadcast on Thursdays at 7 P.M. and Saturdays at 4 p.m., and are now closed captioned. 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 so reasonable accommodations may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call 2. Invocation: Reverend Tom Stocks Rosalind Hills Baptist Church Chaplain, Police Department 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS D. BRIEFINGS E. NEW BUSINESS 1. Request for $60,000 funding to purchase up to twenty automated i ®Recyded Paper external defribillators. (Rick Burch, Fire and Rescue Chief) 2. Request to proceed with obtaining bids for Roanoke County Courthouse renovations and repairs. (Anne Marie Green, General Services Director) 3. Request from Police Department to authorize creation of a Regional Family Violence Fatality Review Team. (Ray Lavinder, Police Chief) 4. Request to approve agreement with SMPAC to provide additional information to the State Corporation Commission and appropriate $5,000. (Elmer Hodge, County Administrator) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by fhe Planning Commission. 1. First reading of ordinance to obtain a Special Use Permit to rezone 200 acres from R-1 Residential District to AG-3 Agriculture and Rural Reserve District and to obtain a Special Use Permit for a commercial stable located on 5350 Poor Mountain Road, Salem, VA 24153, Catawba Magisterial District, upon the petition of Judy Gustafson. 2. First reading of ordinance to rezone 4.369 acres from AG-1 Agriculture, to AR, Agricultural Residential to construct new single family houses located at 1114 Skyview Road (Route 755), Catawba Magisterial District, upon the petition of W. F. Walker. 3. First reading of ordinance to obtain a Special Use Permit to operate an Automobile Dealership, Used on 1.4088 acres located at 3328 Peters Creek Road, Hollins Magisterial District, upon the petition of Marc I. Wilson. 4. First reading of ordinance to obtain a Special Use Permit to 13.4 acres for a private stable located at Carlos Drive (Route 616), Hollins Magisterial District, upon the petition of Larry E. Huffman. 5. First reading of ordinance to rezone 4.068 acres from R-3, Medium Density Residential with conditions to R-3, Medium Density 2 Residential with amended conditions, property located at the intersection of Cave Spring Lane and Old Cave Spring Road, Windsor Hills Magisterial District, upon the petition of Jeffrey S. Maronic. G. FIRST READING OF ORDINANCES 1. First reading of ordinance amending Chapter 19, Solicitors and Solicitations of the Roanoke County Code, providing for additional definitions, revisions to procedures for applications, investigations, approvals and denials, and prohibitions against solicitations in public roads. (Paul Mahoney, County Attorney) 2. First reading of an ordinance amending Section 20-24, Specific Collection Categories, of Chapter 20, Solid Waste of the Roanoke County Code, to provide for the removal of solid waste containers from the public road after collection, and prescribing penalties therefor. (Paul Mahoney, County Attorney) H. SECOND READING OF ORDINANCES 1. Second reading of ordinance amending and reenacting Section 16-2 and enacting Section 16-9.1 of the Roanoke County Code to authorize and regulate the employment of police officers and sheriff's deputies in off-duty circumstances which may require the use of their police powers. (Joe Obenshain, Senior Assistant County Attorney) I. APPOINTMENTS 1. League of Older Americans Advisory Council 2. Social Services Advisory Board 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. 3 1. Approval of minutes for January 9, 2001. K. L. M. N. 2. Ratification of committee appointments to the Virginia's First Regional Industrial Facility Authority and Southwest Development Financing, Inc. 3. Request from Police Department to accept $41,804 V-stop grant for prevention and investigations of violent crimes against women. 4. Request from Police Department for acceptance of Department of Motor Vehicles grant funds for aggressive driver enforcement. 5. Request from schools for acceptance of capital grant in the amount of $804,000 under the Standards of Learning Technology Initiative. 6. Request from schools for acceptance of $21,869 grant from the Virginia Department of Education to be used for Administrative Software Support. 7. Acceptance of water and sewer facilities serving Crestwood Estates. 8. Approval of Revisions to the Employee Handbook. 9. Request from Schools to accept $50,000 grant from the Department of Education for alternative education program. 10. Acceptance of waterline easements for Stonegate Subdivision in the Hollins Magisterial District 11. Acceptance of Brookhaven Court and a portion of Monet Drive into the Virginia Department of Transportation Secondary System. REQUESTS FOR WORK SESSIONS REQUESTS FOR PUBLIC HEARINGS CITIZENS' COMMENTS AND COMMUNICATIONS REPORTS 1. General Fund Unappropriated Balance 4 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Statement of Estimated Revenues and Expenditures for the month ended January 31, 2001 6. Changes to the Virginia Department of Transportation Secondary System in January, 2001 7. Accounts Paid -January 2001 O. WORK SESSIONS (4T" FLOOR CONFERENCE ROOM) 1. Changes in work hour schedules for Fire and Rescue Department staff. (Rick Burch, Fire and Rescue Chief) 2. Budget Work Session (Brent Robertson, Budget Director) 3. Courthouse renovation and repairs. (Anne Marie Green, General Service Director) P. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344 A (3) discussion on the sale or use of public property, Item U-1, and Salem Bank and Trust building; Section 2.1-344 A (7) consultation with legal counsel pertaining to specific legal matters, i.e. contract negotiations with Division of Motor Vehicles; and Section 2.1-344 A (5) economic development prospect where there has been no previous announcement. EVENING SESSION (7:00 P.M.) Q. CERTIFICATION RESOLUTION R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Congratulations to Dereck Williams, Glenvar High School, for being named to the All State Group A Football Team. 2. Proclamation declaring February 2001 as School Board Appreciation Month. 5 S. PUBLIC HEARINGS 1. Public Hearing to receive citizen comments on redistricting Roanoke County as a result of the most recent decennial census. (Paul Mahoney, County Attorney) T. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to rezone 2.16 acres from C-1 Office District with conditions to C-1 Office District with Conditions and to obtain a Special Use Permit for religious assembly, located at 5422 Starkey, Road, Cave Spring Magisterial District upon the petition of the Trustees of Korean Baptist Church. (Terry Harrington, County Planner) 2. Second reading of ordinance to rezone 1.31 acres from R-1 Low Density Residential to R-4 High Density Multi-Family Residential located at 6621 Peters Creek Road, Hollins Magisterial District, upon the petition of Jones and Jones Associates. (Terry Harrington, County Planner) 3. Second reading of ordinance to rezone 3 acres from AR Agricultural Residential to C-2 with Clearbrook Village Overlay District with conditions for retail sales located at 5679 Franklin Road, Cave Spring Magisterial District, upon the petition of Mi Suk Perry. (Terry Harrington, County Planner) 4. Second reading of ordinance to rezone a portion of a 1.94 acres from AR Agricultural Residential to AV Agricultural Village and to obtain a Special Use Permit with conditions for a Garden Center located in the 7700 block of Bent Mountain Road, Windsor Hills Magisterial District, upon the petition of Tracy A. Bryant. (Terry Harrington, County Planner) 5. Second reading of ordinance authorizing the vacation of a portion of an existing 15-foot sanitary sewer easement and acceptance of a relocated portion of the same easement across Lot 17, Section I, Phase III, Ruxton of Roanoke located in the Cave Spring Magisterial District. (Terry Harrington, County Planner) 6 U. SECOND READING OF ORDINANCES 1. Ordinance accepting an offer for and authorizing the sale of 37.86 acres of real estate located in the City of Salem -The Lloyd Property, Tax Map No. 194-1-1. (Paul Mahoney, County Attorney) ACTION CONTINUED FROM 2/13/01 V. CITIZENS' COMMENTS AND COMMUNICATIONS W. REPORTS AND INQUIRIES OF BOARD MEMBERS X. ADJOURNMENT 7 ~• w ACTION NO. A-~227~ ~ - ITEM NUMBER ~ -' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: Request to purchase twenty (20) Automatic External Defibrillators (AED's) for the Fire/Rescue Department. COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval BACKGROUND: At the February 13, 2001 Board meeting, Supervisor Nickens requested this item be brought to the Board for consideration. Every day cardiac arrest strikes 1000 people in the United States and kills nearly all of them, making sudden cardiac arrest the nation's leading cause of death. An AED is used when a person goes into cardiac arrest and their heart needs to be electrically shocked (defibrillated) to restore a life sustaining cardiac rhythm. Studies (American Heart Association & American Medical Association) have shown that cardiac arrest survival rates are the highest when an AED is used in conjunction with Advance Life Support (ALS) care during a cardiac emergency. SUMMARY OF INFORMATION: The twenty (20) AED's will be placed in County buildings that regularly have citizens visiting the building such as the Administration Building, the Brambleton Center and County libraries. The remaining AED's will be deployed to fire/rescue vehicles that currently are not equipped but have the ability for immediate EMS response such as our Fire Inspector vehicles. FISCAL IMPACT: The average cost of an AED is approximately $3,300.00. There will be a volume discount when twenty (20) units are purchased. r I ~ 1 ALTERNATIVES: 1. Appropriate $60,000 from the, general fund unappropriated balance to purchase up to twenty (20) AED units. 2. Allocate $60,000 from the capital portion of the $907,000 that was appropriated to the Fire department on October 24, 2000. 3. Evaluate this purchase during the 2001-02 budget process. STAFF RECOMMENDATION: Staff recommends Alternative 1. The twenty (20) AED's will be situated throughout the County in an effort to reduce the catastrophic effects of sudden cardiac arrest. These devices will provide the latest medical technology to the citizens and visitors of Roanoke County. Submitted by, ~'~.c%~~ ~.,cc~.fJ, Richard E. Burch, Jr. Chief, Fire and Rescue Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Approved by, e~/! Elmer C. Ho ge County Administrator ACTION VOTE No Yes Abs Church _ x Johnson x _ _ McNamara x Minnix ~ x Nickens _ x Motion by: Harry C. Nickens motion to approve and appropriate $60 000 from Board Continyenc~r Fund cc: File Richard E. Burch, Jr., Chief, Fire & Rescue Diane D. Hyatt, Chief Financial Officer Danial Morris, Director, Finance • A-022701-2 ACTION NO ITEM NUMBER. ~'"~" AT A REGULAR MEETING OF THE ROANOKE COUNTY, VIRGINIA BOARD OF SUPERVISORS, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ROANOKE COUNTY, VIRGINIA MEETING DATE: February 27, 2001 AGENDA ITEM: Request to proceed with obtaining bids for Roanoke County Courthouse renovations and repairs COUNTY ADMINISTRATOR'S COMMENTS: We have monitored these problems for several years to determine whether they are structural or just wear and tear. We feel certain that much of this is attributed to the settling of the building so simply painting and wall papering will not correct the problems. The building has been in use for sixteen years, and the carpet in this wing has never been replaced. We have prepared a video that we plan to show. The courthouse maintenance fees will not accumulate quickly enough to pay for these repairs. 1 am asking for permission to get bids and correct this longstanding problem. BACKGROUND: The Roanoke County Courthouse was constructed in 1984, and has had various structural, design and operational issues almost since the beginning. Some of these are listed below: • The southeast corner of the building, which is built adjacent to a creek which is enclosed in a box culvert, is settling and shifting, so that the first and second floors show signs of cracking to the extent that windows, floors and interior walls are being affected. • The windows in the front along Main Street leak, causing water damage inside the building. • Space needs have become increasingly critical, particularly in the wing housing the Juvenile and Domestic Relations Court and the Court Services Unit, particularly during the past five years. • Various components, such as roofing and HVAC, will need to be replaced shortly since the building is now sixteen years old. • The carpeting, paint and furnishings in the J&DR courtrooms, halls and office need to be replaced and/or refinished, due to 16 years of use by the public. ,r .~ -------------------------------------- ACTION Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Joseph B Church to approve staff recommendation cc: File Anne Marie Green, Director, General Services 3 VOTE No Yes Abs Church - x Johnson _ x .- McNamara- x Minnix _ x Nickens _ x - .r • The draperies in the front offices are stained from the water damage, and should also be replaced. • The roof on both sides of the building has leaked off and on over the years, and the present capping may be contributing to the window leaks on the second floor. The windows themselves do not appear to be the problem. The roof is no longer under warranty and needs replacing. • Additional grouting and/or sealing of the bricks on that side of the building may also be required to address the water issues. Staff has had the building assessed by structural engineers and architects, and has discussed various solutions with the Board in the past. While the structural issues do not appear to have affected the overall integrity of the building, they have caused serious damage in the J&DR courtrooms, halls, and offices. The office of the Clerk of the Juvenile and Domestic Relations Court is seriously overcrowded, and was the number one priority in a space assessment performed by MarshWitt Associates in 1998. While the best solution would involve moving the Court Services Unit out of the building, to allow expansion of the Clerk's office, options for this are limited at the present time. Space can be captured, however, by moving the Clerk's entire office forward, so that the counter faces into the hall area, and by purchasing a movable filing system to be placed in the conference room, thus freeing up space in other rooms in the area. FISCAL IMPACT: Staff estimates that the above mentioned repairs and renovations can be from $200,000 to $300,000, or even more. That does not address the 16 year old HVAC system which has had continuing problems over the past several years, and does not heat and/or cool the building efficiently. This system is expected to need replacing in the next few years. Work in the Courthouse is comparatively expensive, because most of it must be done on weekends, holidays and after hours to avoid the interruption of Court business. STAFF RECOMMENDATION: Staff recommends that the County proceed with obtaining proposals for the necessary repairs and renovations and return to the Board for funding based on those bids. Respectfully submitted, Anne Marie Green Director of General Services Approved by, Elmer C. Hodge County Administrator 2 ~.., AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 27, 2001 RESOLUTION 022701-3 AUTHORIZING THE CREATION OF A REGIONAL FAMILY VIOLENCE FATALITY REVIEW TEAM WHEREAS, family and intimate partner violence has destructive consequences upon individuals and families within Roanoke County and the Roanoke Valley; and WHEREAS, careful examination of family and intimate partner violence fatalities will yield results to help prevent similar tragedies from recurring; and WHEREAS, a thoughtful and nonjudgmental method of evaluating the events that lead to family and intimate partner violence fatalities will create safer communities; and WHEREAS, legislation adopted by the General Assembly in 1999 provides for communities to establish a Family Violence Fatality Review Team; and WHEREAS, it is has been proposed that a team be established in the 23rd Judicial Districtwhich includes the County of Roanoke, the Cities of Roanoke and Salem; and Town of Vinton. NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That the Domestic Violence Coordinating Council will engage agencies, organizations and systems which provide services to victims and perpetrators to identify gaps in system responses and provide for increased communications and collaboration amongst the agencies involved: and 2. That the Domestic Violence Coordinating Council will operate under the assumption that all persons and agencies involved care deeply about preventing violence 1 within the family and operate in good faith, using the best judgment and information available at the times. 2. That the Domestic Violence Coordinating Council will offer recommendations to benefit our communities and improve public safety. 3. That the Domestic Violence Coordinating Council will establish a Regional Family Violence Fatality Review Team. 4. That a copy of this resolution be forwarded to the Clerks of Roanoke City Council, Salem City Council and Vinton Town Council. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: Brenda J. Ho ton, CMC Deputy Clerk to the Board of Supervisors cc: File James R. Lavinder, Chief of Police Mary F. Parker, Clerk, Roanoke City Council Forest Jones, Clerk, Salem Town Council Carolyn S. Ross, Clerk, Vinton Town Council 2 r ACTION NO. ITEM NUMBER ~ ~ '~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: Request from the Police Department to authorize creation of a Regional Family Violence Fatality Review Team COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. Dr. and Mrs. Van Patten will be here to answer any questions the Board may have. BACKGROUND: In 1999, the General Assembly adopted VA. Code 32.1-283 which provides enabling legislation for communities to establish a Family Violence Fatality Review Team. It has been proposed that a team be established in the 23~d Judicial District to include Roanoke County, Roanoke City, City of Salem, and Town of Vinton. Dr. Issac Van Patten, local psychologist and college professor, in conjunction with the medical examiner's office, would like to form a review team. In order to review cases in Roanoke County, it is necessary for the Board of Supervisors to adopt the attached resolution. The Police Department supports this effort because such a review is critical to the department's overall program to prevent family violence in Roanoke County. SUMMARY OF INFORMATION: This team would operate in a similar manner as the Child Fatality Review Team, which has been reviewing cases for a number of years in Roanoke County. The team would be composed of members experienced in dealing with family violence, and include persons who are in a position to facilitate policy and procedural changes should they be necessary. It should also have diversity with respect to race, culture, and ethnicity. The team might include representatives of the Court System, Health Care, Social Services, Law Enforcement, and other related agencies. The goal of such a team would be to reduce future family violence related fatalities, and to improve the reaction of agencies responsibility for dealing with family violence, as well as recommending changes in policies when necessary. 1 `' STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution establishing a Regional Family Violence Fatality Review Team. Submitted by, ,~ James R. Lavinder ~ Chief of Police Approved by, Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Church _ _ _ Johnson _ _ _ McNamara- _ _ Minnix _ _ _ Nickens Approved () Motion by: Denied ( ) Received ( ) Referred ( ) To ( ) 2 G "'" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 27, 2001 RESOLUTION AUTHORIZING THE CREATION OF A REGIONAL FAMILY VIOLENCE FATALITY REVIEW TEAM WHEREAS, family and intimate partner violence has destructive consequences upon individuals and families within Roanoke County and the Roanoke Valley; and WHEREAS, careful examination of family and intimate partner violence fatalities will yield results to help prevent similar tragedies from recurring; and WHEREAS, a thoughtful and nonjudgmental method of evaluating the events that lead to family and intimate partner violence fatalities will create safer communities; and WHEREAS, legislation adopted by the General Assembly in 1999 provides for communities to establish a Family Violence Fatality Review Team; and WHEREAS, it is has been proposed that a team be established in the 23`d Judicial Districtwhich includes the County of Roanoke, the Cities of Roanoke and Salem; and Town of Vinton. NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That the Domestic Violence Coordinating Council will engage agencies, organizations and systems which provide services to victims and perpetrators to identify gaps in system responses and provide for increased communications and collaboration amongst the agencies involved: and 2. That the Domestic Violence Coordinating Council will operate under the assumption that all persons and agencies involved care deeply about preventing violence 1 ~"'~ within the family and operate in good faith, using the best judgment and information available at the times. 2. That the Domestic Violence Coordinating Council will offer recommendations to benefit our communities and improve public safety. 3. That the Domestic Violence Coordinating Council will establish a Regional Family Violence Fatality Review Team. 4. That a copy of this resolution be forwarded to the Clerks of Roanoke City Council, Salem City Council and Vinton Town Council. 2 ~.# A-022701-4 ACTION NO. ITEM NUMBER ~-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: Request to approve additional information t and appropriate $5,000 agreement with SMPAC to provide o the State Corporation Commission COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: Attached is a letter from Bill Modica, Executive Director, Blue Ridge Environmental Network, who serves as consultant to SMPAC (Sensible Mountain Policy Action Coalition) that was sent to Brent Riley and me with copies to the Board and Paul Mahoney. He is offering to promote co-location by reviewing the case situations, and preparing a report for the SCC of some alternatives to the current Virginia Gas Co. right of way route. SUMMARY OF INFORMATION: On February 22, 2001, Chairman Minnix, Paul Mahoney and I discussed the matter with Brent Riley, and agreed that Roanoke County would provide $5,000 for the costs of the co- loration efforts, which would include $2,500 for Bill Modica's report. Any costs over the $5,000 will be equally divided between SMPAC and Roanoke County. In addition, the County staff will make contributions, as addendums to the report or a separate report, as the County feels it is appropriate. STAFF RECOMMENDATION: Staff recommends that the Board approve the scope of work outlined in Bill Modica's letter, and appropriate $5,000 from the Board Contingency Fund. Staff will return at a later time if there are additional costs which will be shared equally between SMPAC and Roanoke County. CX~- Elmer C. Hodg ~-- County Administrator ~-y _____________________________________________________________________________ ACTION ________________________ VOTE _____________ No Yes Abs Approved (x) Motion by: H. Odell Minnix motion to Church _ x _ Denied () approve and appropriate $5,000 from Johnson _ x Received () Board Contingency Fund McNamara- x Referred () Minnix _ x _ To () Nickens _ x cc: File Paul M. Mahoney, County Attorney Diane D. Hyatt, Chief Financial Officer Danial Morris, Director, Finance 2 ' ' ' ~C .." t...~ February 22, 2001 Dear Sirs: In light of the decision yesterday by Alexander Skirpan of the SCC that "Virginia Gas has not demonstrated that it has fully considered co-location as an option," and that "Special Considerations should be made where a new easement would have a significant impact on scenic or environmentally sensitive areas and where the easement crosses property with existing easements," I feel that it is more critical that ever for the County to agree to fund a review of these case situations and for us to get into the official record some alternatives to the current Virginia Gas Co. right of way route. Furthermore, due to efforts by members of SMPAC and affected property owners, we now have reason to believe that Duke Power is willing to consider building their own pipeline in their ETNG right of way, and leasing or selling the current 8" line to Virginia Gas. This alone makes re-opening the discussions a timely and valid option that we must press the SCC to consider before the final ruling is made. Remember, we only have two weeks to amass our data, write it up, and submit it. Time is of the essence! I am prepared to undertake the effort, with your considered approval, to advance this unique opportunity to promote co-location and reduce the damage to our beautiful county that another pipeline easement would surely cause. Many other authorities have valuable insights we can include in the report. Please let me know if you are prepared to proceed with this campaign in a timely manner. Sincerely, Bill Modica ACTION NO. ITEM NO. ~~- -` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: Requests for Public Hearing and First Reading for Rezoning Ordinances; Consent Agenda COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions, rather approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for March 27, 2001 The titles of these ordinances are as follows: 1) The petition of Judy Gustafson to obtain a Special Use Permit to rezone 200 acres from R-1 Residential District to AG-3 Agriculture and Rural Preserve District and to obtain a Special Use Permit for a commercial stable located on 5350 Poor Mountain Road, Salem, VA 24153, Catawba Magisterial District. 2) The petition of W. F. Walker to rezone 4.369 acres from AG-1, Agriculture to AR, Agricultural Residential to construct new single family houses located at 1114 Skyview Road (Route 755), Catawba Magisterial District. 3) The petition of Marc I. Wilson to obtain a Special Use Permit to operate an Automobile Dealership, Used on 1.4088 acres located at 3328 Peters Creek Road, Hollins Magisterial District. 4) The petition of Larry E. Huffman to obtain a Special Use Permit for 13.4 acres for a private stable located at Carlos Drive (Rt. 616), Hollins Magisterial District. i ~_ i_~-- 5) The petition of Jeffrey S. Maronic to rezone 4.068 acres from R-3, Medium Density Residential with conditions to R-3 Medium Density Residential with amended conditions, property located at the intersection of Cave Spring Lane and Old Cave Spring Road, Windsor Hills Magisterial District. MAPS ARE ATTACHED; MORE DETAILED INFORMATION IS AVAILABLE IN THE CLERK'S OFFICE. STAFF RECOMMENDATION: Staff recommends as follows: (1) That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for March 27, 2001. (2) That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Items 1-5, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Respectfully submitted, ~ '~~ ~~~ Paul M. Mahoney County Attorney ACTION VOTE No Yes Abs Approved () Motion by: Church Denied () Johnson Received () McNamara- Referred () Minnix To () Nickens ._ a ,, p ' County of Roanoke Community Development Planning ~ Zoning X204 Bernard Drive P O Box ?9800 Roanoke, VA 24018-0%98 (540) 772-2068 FAY (540) 772-2108 ~' ALL APPLIC~:1~-T5 Date eceivea: ~ I Received by: ~ ~~„ -aL A Appli::anen lee: PCBZA datie: ?lacards issued: I BOS dace: 1 Case Number fir.-- ~ ~ '-3.c~ ~'- / eck type of application filed (check all that apply) Rezoning ~ Special use ~ Variance Phone. ;";~G' - s',l%Z% ~ J ~~ Applicants name/address w/zip tJtii~::w ,'_*aaS~•~?,($~3""~ S .~' Fax No. ~I ~ ' ~ f~ y ~' ' ~ ~ J fv , ~=~"/ S>`iL~ {~OL`r' J?~~„taafz7117 ~Ctyi '~; ;~ ~ ~-~ ,_ Owner's name/address w/zi~i Phone: Fax No. Property Location ~' Magisterial District: , ,~- r,,...,; `;.~ '~(. c . / Community Plannir_g area: (~p;-,-~,,.,.~:~~. - I ax Nlap No.: , , c. ~-• ~ .,,_ '~+~ _c:. ~ -,z ~ Existing Zoning: "~ - ~ Existing Land L"se ;',~ ~a , ~~~ .~~ ~{ ~.,.. ~ ,'~ ~?.<< ~ ~~~ :_ ~. ,~-~:zc'~ Size of parcel(si: Acres: '1"~~~' r=~'_ ' s I REZc~<<7~~r"G fiwD SPEGL~L TISE PER.yIT .-~PPL1C<~~VTS fR,'S)" ~~ Proposed Zoning: %~~ ` 7 i Proposed Land lise: ~` ; ~~..•~~, ; >;~a ~-+ ~.~~ r.,- ~ ~ r~:;~e.`~ aa~;`_=ar~,'~. Does the..-parcel meet the minimum Iot area, width, and frontage requirements of the requested district'? Yes ~r No 0 IF NO, A VARIANCE IS 1tEQI1TRED FIRST. ~~...-~ ~' No Does the parcel meet the minimum criteria for the requested Use Type? Yes IF NO, A VARIANCE IS REQITIRED FIRST '~ No ~ If rezoning request, are conditions being proffered with this request? Yes , ~: i k:-1RIr1"~"CE .:IPPL.I(A;VTS (Y) _ _~~. Variance of Section(s) -,.,_.,.~f~zhe-R-nan4ke.-Count1ng Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF AN~r OF THESE ITEMS ARE NIISSING OR INC0IVIPLETE. v v V t,' ~, Consultation I ~-' i ~ 8 1/'" x 11" concept plan ~ ~ Application fee. .' Application ~-,~xk Proffers, if a Iicable Metes and bounds description PP !• ~ Tustification ~~% ~ ~ Water and sewer application ~' Adjoining property owners ? hereby certify that I am either the owner of the,p~ropem or the owner's agent or contract purchaser and am acting with the ><nowledge and eonsent of the owner. ~ ,7 ! ~' a--"_ r, v~~ ~,~;(,~ { _ ,~," .7fi~~~- ;?~ Owner's Signature ~ ~,t ~ ~\ _~ rl ~~ y~ - l ;; . . ,~ 140ANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT F Applicants Name: Judy Gustafson Zoning: Rezoning AG-3 Tax Map No. 55.00-2-24 T A C ~~nN ~~ N ~m°~ i oho ~ ~~ n ~ ~~ I ~~~ ~mm ~~ m~ 9~~ y ;p °'e- '~~'~ O A. II( ~~ X~ nO O O f +p rn x ~~m ~p p A 'mQ S N°> O ~ O f f S A O s 0 p r 6 d ~~r ~ fm~r ~ I ~ ~ ~`~ ri ~ ~m~' . 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President, Arriscraft International, Ontario, Canada J~ CONVENTIONAL RIDING ARENA COVER-ALL'" RIDING AREN ~Nha~ ~Cever-~II~"' ®wners ire paying .. . County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 772-2108 Rr.r C+of'f T7ca Only Date received: I ~~~~~~' Receivd b Application ice: y, ~~; ~,~~/B date: Placards issued: 7.' ~'7 ~ '13U 'date: ~~lr~~, ~ ~ ~'>'' Case Number ~- ~, } '~;~~;? ~~ ~~;~ •~ ,~ ~' f 'N..+~ .~.. ~ ~~£;L APPLLC.~VTS Check type of application filed (check all that apply) O S e..tal Use ~ Variance Rezoning p 1 ~~ ` ~il ~ -~' {% Fi Applicants name,~address w/zip ~. f° ,~° ~~~~`-y`- Phone• ~' ~ f ~ F.J ~rr~...y ;'~.~i.~~% ~-~r .~ 7`'~-~, d °.~,~''~/r ors ~'~' ,~ u'~~ Fax No. Owners name/address wizip ~.,.~•' .~- ~ ~,~~~~'~'. Phone: >=.;~.~;~~ ~;~ j~..~,.' i~ f ,~,/;;'.~' ~ ~ ~/,.,~, ~ ~ Y,~. Fax No. -. / .,i Property Location ?,!~'~_ ~.~~Y.^,~ _ _ ,~~>."~~c>, - Magisterial District: ) ~" ^ ~ ~, /.~ rea: 1~ Pl i + ~z ~ i ,,,~ , , ;~i'c.:-J ~:,~',G- ng a ann t,.j,,„ ~j (,u ~ ty Commun c,x,,~ ~ v~, , Tax ~Iap No.: ,. ~ - ~ ~ r ~ ~ Existing Zonin ~~ - Size of parcel(s): Acres: ~ ,' ~ '} Existing Land Use: i REZONINU A.VD SPECL_~L ~TSE PEKI~IIT APPLICANTS (F~;!S)` Proposed Zoning: ~~ ~~ ~ ~ ' ~ w ~ -~ Proposed Land Use: ~ ~~ Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes ~ No ~ IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes +`~ No ~ IF NO, A VARIANCE IS REQUIItED FIRST 1 If rezoning request, are conditions being proffered with this request? Yes ~ No V:-~RIA.VCE :~PPLICA ~%3'S (V) i Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. ~, ~~, ~~. j R/ V R/ ~ V ~.t,~ f 'V Consultation 8 112" x 11 " concept plan ~ ~ Application fee ~, Application Metes and bounds description Proffers, if applicable ~ l~~;lLc~ ' ~ justification a-~ Water and sewer application otmng property owners~~~~ 1~'hereby certify that i am either the owner of the property or the owner s agent or contract purchaser and am acttng of tl`~knowledge and consent of the owner. Owners Signature 'JCIST~FICATION FOR RE20NII+tG OR,SPECL~,L'[TSE PERIYp[T REQUEST Applicant William F Walker/ Ann R. Walker The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. -__ Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. I purpose to remove 1 single Jewelling from property and add 5 new single family houses. The five new residences will be more attracti to the community, it will add economic development to Roanoke Count and increase the present tax base by over ten times. We will also m use of the new water line installed along the property. The constru ion .will have only a small enviormental impact on the area. e Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The Roanoke County Community Plan has this area under neighborhood conservation. Zoning from A to AR will comply with single family residental land use set forth by this plan. The expansion of this area is within the density and logical develpoment pattern for new single family residents. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and faculties, including waterisewer, roads, schools, parks/recreation and fire and rescue. Very little enviormental impact will result from construction. The largest impact will be from instal~~t~i~an of the septic system. There will be no impact on the neighboring properties. --' .~ .r l ~ ~ ~ _: ~ " rJ, ~. ~ .r +a ~ ~ . ;~ .~ ~ ~ ;:- ~-' ,,, Y~ ;" ~ n ~ ~ ~ ~~~~ ~ ~ CPi~?~ .., ~ "' ,,,t p., S 7 J f2~"iy eyir A ~ ~S ..~ ~+ v N.k ~ •9xJ// ~ ~ ~~/ '' ~~ V r"'^a ~~ i °~. h ~ ~' "~ ~'~ ~w~~ ~ =~, ~a ,~ ~~ it b ~.., ~~; ~~ 4:~ ~ , ~, sYC ~ t ~'~ ~ m ~! `~ . ~^e, v ~Gm .y° ,,.~~ ~~ ~ ~ e/' ~ ` .~~q r" w ; r h ~~ A( I li .Tt ' a1L ~ ~$ ~ 9 :,. . ~ '~+. ti ~ i ~ ~,. ~s . ~~'~ !~ , c'a ~ r~~D~AOtz~-~, rJ, ta.r~, 'Z'o o'~ %~'~ "~-- ~ ~ ~ ~~~. " ~ ~ ~ > ~ c'~ ~. ~ 1 -~Q~'. 1~ t .,. -o~,~J' 4't 1 -~, ~~ ~ ~~~ i7 'T ~~~~ ~' '~ n; ~ .~ ~~~~ t*rS~:::'-.- --~~:2 ~ J . .' 3 4.36 Ac. ~. ~ ~ ~ ~ . v ~~ ~ N ~ c ~~ ~~ 0<51 ,,..-~ t ~~ 6 -c~ N ti ss~~ /''i'1 J . ~'~~' 125 r ~~ 5 ~ s / ,, 5. J 6.72 _Ac. +k;:i ~ 5 t^~1.. ~:~ 2~, 1 .35 Ac. ~ ~~jj 3.44 Ac.(D) ~ ~ ~ 3.04 Ac. C ~7 , ~ ~ 4. ;.~~~ ,-. 2.24 Ac. ,r ~ ~, ~~ 5 . .. .~ T .~ . 7 Cl. ) ROANOKE COUNTY Aplicants name: YP F. balker DEPARTMENT OF Application: Rezoning from AG-1 COMMUNITY DEVELOPMENT To Proposed Land Use: AR Tax Map No. 45.03-1-21 ~ _ JI County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P ~ BOX 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAY (540) 772-2108 For State Use unty Date received: a ~ ~.5 101 Received by: T. I-1 . Application fee: ~~. L~~ PC/BZA date: ~~~~~}~ Placards issued: BOS date: 312~d~1 Case Number ~ " ~ ~ ~ ~~ 1 ALL APPLICANTS Check type of application filed (check all that apply) Rezoning Special Use '%~ Variance Applicants name/address w/zip Marc I. Wilson X001 Glenvar Hts. Blvd Salem, Va. 24153 Phone: 540-563-1133 Fax No: 540-265-1470 Owner=s name/address w/zip Marc I. Wilson and Curtis S. Sheets X001 Glenvar Hts. Blvd Salem, Va. 24153 Property Location The Sportscar Clinic 3328 Peters Creek Rd. Roanoke, Va. 24019 Tax Map No.: 37.14-1-~ ` ~~. ;=~, ~W,,;,~ !~;°~;V Phone X40-563-1133 Fax No. 540-265-1470 Magisterial District: HOLLINS Community Planning area: Existing Zoning: C-2 Size of parcel(s)• 4cres• 1 4088 ac Existing Land Use: Automobile service REZONING AND SPECIAL; USE PER~tilIT APPLICA~I~:TS (R/S) - Proposed Zoning: C-2 Proposed Land Use• Automobile so~v~iee an~l-s~les -\'-,..~ ~~==~~, Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes ,.~''" No IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes .%'~ No IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes No VARIANCE APPLICANTS (V) Variance of Section(s) of the Roanoke County_Zoning Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/S V R/S V RIS V Consultation S 1/2" x 11" concept plan Application tee Application Metes and bounds description Proffers, if applicable Justification Water and sewer applicatio^ Adjoining property owners I hereby certify that I am either the owner of the property or the ownerJs''agent or contract pure aaer and am acting with the knowledge and o' ;' ,, consent of the owner. ,- , Owner=s Signature ~~ JUSTIFICATION FOR REZOl~ING OR SPECIAL USE PERMIT REQUEST Applicant The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The Sportscar Clinic has been serving the Roanoke valley for over 24 years from its two locations in Roanoke and Christiansburg. It has been a licensed used car dealer from its Christiansburg location for over 13 years. The Sportscar Clinic does not engage in volume sales to the general public but instead focuses on sales to and from its customer base for service. Car sales is considered an accessory business and provided as a complementary service to current service customers. It is The Sportscar Clinic's desire to be able to provide this service to Its Roanoke customers as well. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Given the type and quality of the cars serviced by the Sportscar Clinic, automobiles offered for sale will also be of late; model and high quality since we market primarily to our current customer base. In 13 years, we have averaged only 10 cars per year at our Christiansburg location and intend no more in Roanoke. We would generally offer only 1 or 2 cars for sale at a time. In keeping with our image as a high quality service center, All cars offered for sale would be tastefully presented and often presented only in our show room. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounamg area, as wcii as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. No impact on any public services would be expected. Given the type and number of automobiles offered for sale at any time only a minimal impact of a positive nature would be expected on the cornmunity at large. The property currently exceeds all D1VIV requirements for a sales license. Since ample parking and attractive landscaping is already in place, no impact on the current site is expected. ~~ ~ x ~ iI ~ A ~ r i^ ! 0 ^ C \ ~ ~ ~I ~ III i I F k~ X X X X X X X X SI Z~ ~ ~Ni ~ -Nf N ti ~ ~ p~ Z Z Z -_ Z n I'3. n O O G7 GJ G7 G7 G~ a s << m (n j 9 O ~ ~ < Z m m O s ~ v =~ x Q Z O O _ G '*I r Z W~~ ~~ ~ " $ m ~ rr~1 • ' m D h G D ~ ~ ~ O ~ ~ ~ n~ 2 ~ NOS ' ~ ~ Nm~ ~. U+U ti I -N T ~ Z -~ o N ~_ ~~ lZ M"p0 g4. ~ ~ `oo _ > ' ~ \ D EP ~ j , ~ ~ ~ ~~ ~ aA D 1 \ n-v ~~~ vim ~ m a ~ „~ ~r .~ u OOr-aaDIO ~.I 9 II 11 II II ~- .pQ ~..- ~~ ii v• ~ ~ ~ CO mp~W~p ~' Z~ ..~ i/~~ W CSNN,'~O)y O I r ~ ~ r , ~ V (l l U N Q r cF, f*1 N / (11 0 ~ ~ I t-=tom ~ ~ -_ T ~ ~ m . wi _ ~ ~ \~, ~N ~ m~ g .i ~ , ~~~ ~ i, ~ ~ ° ~ , ~, ' _ . ~ N n n ~~~ mnr-a~'~ ~ II I II II ii ~ N e~ ~i~l ~•~ ~~~m~o C' ~a>NCa-: ,ma r- \,. '~, ~ ~ ~ A ~, ~^ u ~ O ~ 4 . OJ ~ ~ O e ~ ~ ~ _ __ "~ ~ 1~~` ~ J ~N .~ n A II d~ ~ ~ NV d Z?N,'N'~O ~I m 77 ~' '~ ~= ~q n 0 I'f _. 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( 1 1-_ / 20. ,+sa> `~ 19. ~w ~r Drie ;rqr.+ 45. ~~ /~ 50. ;nza ~.~_ P/0 37.10-1-22 1 "=100' Me/rose Boptist Chu~ci, ~°T ~? 2._ ~ ~ \ ~ r. ~~ ~~ #E;4 ~, 3. t.tz~. 5. se;:a 4. ui71 ¢3a ~~~. ` 7. ROANOKE COUNTY Appl~.cant's Name: Marc I. Wilson DEPARTMENT OF Zoning: Special Use C-2 COMMUNITY DEVELOPMENT Tax Map No. 37.14-1-7 a County of Roanoke __ Community Development Planning & Zoning r 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018-07.98 (5~0) 772-2068 FAX (540) 772-2108 ~,. Ct.,rF TTo Only Date received: ~ Received hg: ~ t ~`'7 I C~ t, a~`,7 Applic:arign fee: PC,'BZA date: Placards issued: I BOS care ~ _;.~:.:?: ' ~-' -,~ :ice, ~~.~ ~~~ Case number '~ " ~J '~ 00 ~ /~_ ~",~ ~ liL4 <Yl !"liL l.tli.Y 1'J Check type of application filed (check all that apply) ~ Rezoning Special Use ~ Variance Applicants name/address w/zip { Phone ` r' ~' `-~ ~~ ~ ~ f~~~C ' _ ~ L_ c? ~ ~V '~ j ~ ~l t-~Y,,~},~/ , c,c,~cc-.~ tom., ~,~-h-) ~ ~ '~ - ~ ~ ~. ~-~ L ~ - ? ^~ ~' ~ ` ~ ~ 1 ~„> ~ : - ;~ - icnl 2-~ Fax No. ~~ ~ ~ ;'`~r, E ~- ~ i/ Owners name address w/zip Phone: ~~ ~; /~ ~~~.-_; ~~~'] : !~ ' a : ~~. Fns No. S~~tt.~C' rnh;~ ci-1~~:3~~ ~i~~ Property Location ,. ~~ ~ ,_, ~ ~.~~ (i ,; ~'~~ Magisterial District: ~t' tcD`=: •~~- a ~~~ ~1L ~'. t.~ i t Community Planning area: {-1~- i ~ t,, °, Ta:c Nlap No.: -, c .-, ~,, t i.. Existing Zoning: ~- ~ Size of parcel(s): Acres: l ~ ~ ~- mot, Existing Land Use: ~~;.~~~ '~- REZONING'AND SPECIf1L ~'SE PERNfIT _~PPLIC~1?1~TS (R/S) Proposed Zoning. '~ ~ ~ ~' Proposed Land Use: '~~r•=~,;~z.~i~+~ i c:; ~ ^~<°~;i~-~`~ ~~~-+~,i~ Does thr~'parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes '~ No O IF NO, A VARIANCE IS REQUIRED FIRST. , Does the parcel meet the minimum criteria for the requested Use Type? Yes ~ No ~ IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Y'es O No ~ V.~RIANCE IPPLIC4N~'S (ti) ti ~ Variance of Section(s) ~, of the Roanoke County Zoning Ordinance in order to: _~.~~~ Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF TI~SE ITEMS ARE MISSIVi G OR INCOMPLETE. I V R/ V R/S V v ,-' ~ 8 1/2" x 11" concept plan +-~~- Application fee ~ Consultation ~~ ~ Application ~-`'' Metes and bounds description Proffers, if applicable ~' ~ Justification Water and sewer application Adjoirting property owners I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. /~ ~-, i ~ ;' ~ 4 , -~~~~ x{ ;.!~~~•v~l.,• / ~,~~~•ry~;~y1 Owner~sSignature - 1 ~' ~ ~` ``~ V-, i ,,` _/'~ ~ ~ a 1~ a 4 v ~f~ ~~~~ C S~ c~/~~ ~ ~~ J 6~ L -~~ ~-- ~, c~ ~~ 1~ ~~~ ~' ~ ~ ~ ~ ~ -K. ~~~ ~;,~ ~ ~ o a ~- ~IDD~ `~ o ~` 1 s F,a +$ s ~ ~ ~--- /SU,~-----~ 0 0 y -._ ~ - ,~ - i - _ ~ .: - _ f - _ - {I _ ~ - - _ - ~~ i - ~ - _ --- - I - _ _ - ~ ' - _ - - ~ ~~ _ - "' t - _ - _ \~ - X1,7 - _ - ~, ~\ -- \\ ~ i j E 1 yi 1JYtl' +~ `Yt. ~ -39.05 13.40 b 'g arty >, , JO' 9. 7207 b ~ >n~ 42. 7.4 ! 7.36 b 43 LBi b i - aze+ > ~` 7.00 b S ~' ~~r' 38c 2 = ~ soap 7. 40. , *zc, r _________ z.ao ,.c{0 i.6Y b(c~ tai b 7.04 b 3c3, ~ ~ t.7s b 3. /~ ~ ~ R - 1.42 b J/J ; F'~ 3.4 f% , y tea/ 31. .r s 3.3 t.7s b szx ,% 3. "°' 32' 33. 7,1 7.a2 b ?~ 7.0o b 7, 1.64 b ~~~ 2.74 b j,~p ro10~ ~ ~ ~.i ' 3 2 r,Ra .~°' 'd mr~ ~ G 30 - ~7- 1.64 b / ~~ i€_~ 7.2 , /'~'•'", 7.09 b ~ ~ 23. s.c 3.1 ~' 7 7 7.47 b 1.41b •°~ ~ ~ .°atsr / f 73 1 ~ ~t f ~ 7.m b 0. 4. ;'`~ 8'rsa 76.e6 b ~ '11, 7.2f17b 7.78b ~I ~ 1 6 7.59 b. y ' t ..any •- foe 8 ~..d91i1r27 5. 12.t6 b 7~ .s~~ 7 12. ~ 21. . 7.67 b ~~ O %'Ws ~ b.oc ~ ~. j 13. ~ g ~ re - :~ra - sail b ~ 17. 7n 4.Y6 b ~, ;;xxr /7om\ ROANOKE COUNTY Applicant's Name: Lttrry E. Huffman DEPARTMENT OF Zoning: Special Use R-1 COMMUNITY DEVELOPMENT Tacx Map No. 39.01- > -1 ~. A ~~ ~j'~ ~v a County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P 0 Box 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX 1540) 772-2108 T-(nr C+.,ff TTea Only Date received: a Received by: Application 2e~ ~ ~ ~ PC/B~ A dat~ ~ _ ~~qnr~ IS+ Placards issued• y ~'A ~ ~ BOS date: A~z.~n ~ ~ Case Number ) ('} -- ~, {~ ~ ' ~~.vrrLC~.~vr~ C1~eck type of application filed (check all that apply) ," ~-°*~~"'-"""'' __~-..~,r-C '`''~ • ~ Rezonin ~ Special Use ~ Variance g ~ ~'~ ~ ~ ''~ ~ Applicants name; address w/zip _ Phone• r• ~ ~.~ ~ ~ ~. ~'~ 1 ~" ~, .~ ~ " ~~~` `•' ,:~, ~: ~, a~r..~~ , l C` r~ ~~=2 '~ ~3 r Fax No. Owner's name/address wizip Phone: ~ ~,~, - ,~'~ ~ c~~ 0 Fax No. ~~ ~~~''..~ _. r _- _ ~, W -v3 _„ _ ,..~.., Property Location ~ , , ~~ ~~„'__~_~.sar::5~~'u-- ~ ,~ 1, 1~~~ ~~~ Magisterial District: ~~~I ~=~ ~ -., Y~~~ ~ ~~ ~ ~y ~o a-~~--~r,~~---~. ~' -'~'t~'~C'?~-~i-1b~'~._.__ct-'.tri-'~i~f"V~._.~`- i•:.i a'~I CommuniT~~ Planning area: `J b Tax Ma No.: ~.~ ~-~ p ~ ~ . ~~ ~-r~= .~o ~ ~ '~ , __.> ,Exisnng`"Zoning: - - ~ ~ ~' ~ f N~'- j~•-~' ~ ;~ 1~ ~-~Tl ~~ Land Use: ~ ~/L~ ~~ Existin ;~ Size of parcel(s): Acres: , g REZOI~TINC•,rl.~'D SPECL~L ~, SE PEIZtiIIT ~iPPLIC,~ tiTTS GR,'Sl .,_ _ Proposed Zonin ,i~+-~°+--, ._ ~rr~~;t I '=~ ~-F-~.,~~ .__ ~ ~ _ i<.:~=• ~° -_ {:~, Proposed Land Use: ~ti-r-~ ~ --.~ t .-, : ~-,`_,.:- ~=~:, --<,-' Does the p,,,~.reel meet the minimum lot area, width, and frontage requirements of the requested district? FIRST '" '' . ~ No ~ IF NO, A VARIANCE IS REQUIRED Yes '~' O ~ No Does the parcel meet the minimum criteria for the requested Use Type? Yes IF NO, A VARIANCE IS REQLTIltED FIRST O ~ No If rezoning request, are conditions being proffered with this request? Yes (V ) VARIANCE APPLICAhTTS ~ , f Variance of Section(s) /"' ~ ~ 1 of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION WII,L NOT SE ACCEPTED IF Ate' OF THESE ITEMS ARE MISSING OR INCOMPLETE. l A v Rr v /- v ~°'~ Consultation 8 1/2" x 11" concept plan `~ AppIication fee .-'" ~ Application Metes and bounds description ~°"~~ Proffers, if applicable Iustiftcation Water and sewer application 3 ~ Adjoining property owners I hereby certify that I am either the owner of the property or the owner's agent or contract urchaser and am acting with the knowledge and consent of the owner. ,~ ~ L~ t~ ~~ ~ , '~ ~~ 7 ~-ZJ ,'1./ i ~'~J ,~/~- '~y ~, ~ , ~-i'7 ~~;~,~ ..~ ~~;Y"1~`~-~ ~ t1 ~~ ~•/ Owners Signature ~~ JfJSTIFICATION 'FOR. REZONLTiG OR SPECIAL LTSE PERNIIT REQUEST ~.pplicant _ ~ ~' ~ ~~'r' <"'y ~ , ~r~I ~s~v~.':ti..1 ~. ;;~~~- The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district ciassifica~tinon in the Zoning Ordinance. f ( ~ c~ `L~ ~ '~`C~ ~9U~j ~ ~-~ ~ ~~,',! d`~'`j ~~~ I~z.' 71..~~ ~f~`..~') ! c~j~. `~' ~Y- 7f~1/~' 'J r~ ,/e7 t~! :~1';5~ C~ ~.~ ~. ~: fi 5 ,~I (,~ : ~ '~''Yl to lip.. / '~- , ~' ~ ~ ~ ~-3 ~~,- ~5 ~tr~ ; ~ ~ ~ C~ i'I"~-~.-~ -c' ~~~-~c`_'. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community `Plan. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. ~~Z~6~~6 ~ ~ ~ ~yCi $_~-:~~ dad ~' ~ ° \ 1 \ ,Of'99 ~ ,f9~h9 --~--- .L 1601 -- g1.x.9Ln.ea+ oa9 NOL~` IN8 3N30~3 rv, ~8 V}Ua~ l.ltl3~bxvL Z_~-BO ~ 9 i Sa t `~_-~- ' 19L "Jd '1901 '9'd -. NOINOINN g n~ •8 YHLNYry R 'B 3N30f13 _ eo uu3dodd - 1-h-90'99 I xv1 ~ J: '~ ~ i ~~ ~zw ~~ W =8 ~W;W- ~ r m xi Fy,0 Y UWni ot~ » =1C - i ~ -0 M'~tl3n Y In '° __ 0 ~b~`d n~~u: ~ n _$ ~5 m O ~ V .~~`. o, ~~~ h s~ q I a~ .gK~ ~ 3~: '= g8~ ~=~ Abe i _ ~.__- _ ~ / _ _. / ~~ 1I -,.,,......__ ~. `~~1 ~'i J a z ~ oR F ~_ < 4 q <7 ~~~a ~~OU1~ - W } Op Ky I ~ ~ 5 O n j 'i ~ \` ~ ~ a~,,,~ °~ rv9L 1b~I .r.6p .or~~rf~w__nK'Or 3 's0 ore '~ b 9N/d'`~l~a"~ J "''~-_ r2xroN ~~ < 1 h ,09'LZI f.LLf ~~ ~ g . "e <_= g c ~ F a L991 'Od slit 'B'0 F M315YONYl l+e -i ~ 'S 31,Y0 ~P M 2!(IHLf1Y _4s ~~ 3 !0 .11tl3dONd 1'f -L-OZ'9L ~ xYl m r6 ~ ---- n N .$~~~ W ~ y ~ ci 6 ~~~2; 4 U [ 3 ~g;9Y n ~ o $ttt x (~ a~ Ha N SS j ~~d ~~' ~FXg°H ~~ ~ d}L S{ _ ai z ~~ ~ ~ ~ ~ ~-~ ~ ~ I ~~a~G~~m z~ a~~~wr> x ~ gL~;G ~ ~~~bm Y6 Ow~ n~~wN^ ~p~,..] 1~~ a s-; Ot -~ Z~ ~ F m a' N .j 7 O o g~ o w i W~ 0 W; E ~ '` 7 r i io ~ wW o"'HVa~ q ~ ?~}~ 4= ~ z`~zoao a ~.&~ . W °~°oo~ U ~'~~ / /" ~ ~~ ~ 856's ~r '- o ~ ~ ~ ~> nR~ulY^ ti~ , ~ d ~~ U m 0 ~[ W / ~ pr_ ~ ` ~ 1 Z1 J /' U_Z l '•/ , O L=i ~ ~~ ~NVi ~1 ~ m C ~$ - ll n'!S W ~ y ~g~ Qr jZ ~ W ~ ~ ~ 0 6- ~_ -~ ~ m m. o~o l ~ <m / z~~- o '. ' C LL 9?-~ z - t-h.ff.ll5 F, .. ~ N.fZ~I.OIN -- _-- ___~3~ dff a_ ~ 4 b~ ~' = 5 ACTION NO. ITEM NO . <-~! '" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: AN ORDINANCE AMENDING CHAPTER 19, SOLICITORS AND SOLICITATIONS, THE ROANOKE COUNTY CODE, PROVIDING FOR ADDITIONAL DEFINITIONS, REVISIONS TO PROCEDURES FOR APPLICATIONS, INVESTIGATIONS, APPROVALS, AND DENIALS, AND PROHIBITIONS AGAINST SOLICITATIONS IN PUBLIC ROADS. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The County Attorney's Office has been requested to prepare an ordinance to address problems with roadside solicitations and threats to public safety arising from such activities. The Police Department has been concerned that allowing individuals or organizations to stand on the median or the curbside of public roads causes traffic flow problems and puts motorist and solicitors in harm. The Clerk of the Board of Supervisors has received many complaints from citizens that they are concerned for their safety because some persons and solicitors have approached cars at traffic lights seeking money. She also requested that revisions be made on the application process, investigations, and approvals and denials of permits and the appeals of the denials to make the permit process more efficient. Lastly, the Commonwealth's Attorney asks that the definition of solicitation be amended to include individuals. These requests are based on the concerns for public safety by the Commonwealth's Attorney, the Clerk to the Board of Supervisors, and the Chief of the Police Department. Violations of the solicitation ordinance are a Class 4 misdemeanor - a fine of not more than $250. SUMMARY OF INFORMATION: This is a first reading of the an ordinance amending Chapter 19 of the Roanoke County Code, as a result of concerns addressed by the Commonwealth's Attorney, the Clerk to the Board of Supervisors, and the County Police Chief. Revisions and amendments are as follows: G:\ATTORNEY\PMM\AGENDA\solicitationBRl.wpd 1 ~-/ - § 19-1 (5) is an addition to the current definition of solicitation to include seeking donations for an individual usage, - § 19-4b eliminates solicitation on the public road, which includes the median and public right-of-way, and shortens the length of time in which one can solicit during the day, - § 19-22 revises the application process. The permits are approved by the Clerk to the Board of Supervisors instead of the County Administrator and the length of the permit is valid for ninety (90) days instead of sixty (60), - The Clerk to the Board of Supervisors will conduct the investigation in the revisions to § 19-23, - § 19-25 is amended to allow for an in-depth appeal process to best suit the needs of the permit petitioner. - §19-27 allows for appeals of revoked permits to extend beyond the County Administrator to the Board of Supervisors. FISCAL IMPACTS: None STAFF RECOMMENDATION: The staff recommends that the Board favorably consider the adoption and approval of the first reading of this ordinance. Respectfully submitted, Paul M. Mahoney County Attorney G:\ATTORNEY\PMM\AGENDA\solicitationBRl.wpd 2 G -/ Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Vote No Yes Abs Church Johnson McNamara Minnix Nickens G:\ATTORNEY\PMM\AGENDA\solicitationBRl.wpd 3 ~ -/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 27, 2001 AN ORDINANCE AMENDING CHAPTER 19, SOLICITORS AND SOLICITATIONS, OF THE ROANOKE COUNTY CODE, PROVIDING FOR ADDITIONAL DEFINITIONS, REVISIONS TO PROCEDURES FOR APPLICATIONS, INVESTIGATIONS, APPROVALS, AND DENIALS, AND PROHIBITIONS AGAINST SOLICITATIONS IN PUBLIC ROADS WHEREAS, the Board of Supervisors finds that a dangerous condition has developed on the public streets and highways in Roanoke County, with solicitors seeking donations from operators of motor vehicles while in the street, from the curbside or from the median; and, WHEREAS, many of these solicitors are children who do not appreciate the danger from moving vehicles among several lanes of traffic or from the obstruction of traffic arising from these solicitations; and, WHEREAS, these solicitations pose a threat to public health, safety and welfare of the citizens of the County; and, WHEREAS, this ordinance is adopted pursuant to the authority found in Section 15.2-1200, and Section 57-63 of the Code of Virginia, and Section 2.01 of the Roanoke County Charter; and, WHEREAS, the first reading of this ordinance was held on February 27, 2001, and the second reading was held on March 13, 2001. BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 19, SOLICITORS AND SOLICITATIONS, is amended to read as follows: Sec. 19-1. Definition. For the purpose of this chapter, the term "solicitation" shall mean and include any one or more of the following activities: (1) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs or services of any kind, character or description. (2) Seeking to obtain prospective customers for application G:\ATTORNEY\PMM\AGENDA\solicitamend.ord.wpd 1 '~ / for, or purchase of, insurance of any type, kind or character. (3) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers or any other type or kind of publication. (4) Seeking to obtain contributions for charitable nonprofit organizations or selling any goods, wares, merchandise or other things for the benefit of such an organization. (5) Seeking to obtain donations for individual usage by requesting food, money or any other goods or offering services for these goods. Sec. 19-4. Soliciting prohibited during certain hours and locations. (a) It shall be unlawful for any person to engage in solicitation in the county at any time prior to 9:00 a.m. or after ~$ :-6$ 9: 0 0 p. m. (b) It shall be unlawful for any person to engage in solicitation from any operator or passenger of a motor vehicle that is in traffic on a public road. A public road shall include the areas of the median and the public right-of-way along the curbside. ARTICLE II. PERMIT FOR CHARITABLE SOLICITATIONS Sec. 19-21. Required; exceptions. (a) It shall be unlawful for any person to make any solicitation for the benefit of a charitable nonprofit organization, unless a permit for such solicitation has been issued pursuant to the provisions of this article. This requirement shall apply to any such solicitation made r?±~--~___ ~ __ __ _~, in any public or private place or by mail or telephone. (b) The provisions of this section shall not apply to any solicitation conducted only among the members of the organization involved by other members or officers thereof, voluntarily and without remuneration for such solicitation, or to any solicitation in the form of collection of contributions as the regular exercises or services of any church, religious society, lodge, benevolent order or fraternity or similar organization, or of any branch thereof. Membership drives of any organization, either among active or prospective members, shall not be considered to be solicitations for the purposes of this section. G: \ATTORNEY\ PMM\ AGENDA\ solicitamend.ord.wpd 2 _/ Sec. 19-22. Application. Any person desiring a permit required by this article shall file a written application therefor with the Clerk to the Board of Supervisors. Such application shall contain the following information: (1) The applicant's name and address and the name and address of the organization for the benefit of which the solicitation is to be made. (2) The name and address of the principal officer or manager of the applicant, if the applicant is other than an individual. (3) The purpose for which any receipts derived from the solicitation are to be used. (4) The name of the person by whom the receipts of the solicitation will be received and disbursed. (5) The name and address of the person who will be in direct charge of conducting the solicitation. (6) An outline of the method to be used in conducting the solicitation. (7) The time during which the solicitation will be made, giving the proposed dates for the beginning and ending of the solicitation, which time period shall not exceed ninety (90) days . (8) A full statement of the character and extent of the charitable, educational or philanthropic work being done within the county by the organization for the benefit of which the solicitation is to be made. (9) The federal tax employer identification number. (10) State and federal tax-exempt identification numbers. (11) Such other information as may be required by the ~otxntp Clerk to the Board of Supervisors in order for him to fully determine the kind, character and worthiness of the proposed solicitation and for the security of the county and its inhabitants . Sec. 19-23. Investigation as solicitation. to purposes of proposed G:\ATTORNEY\PMM\ AGENDA\solicitamend.ord.wpd 3 -- / Upon receipt of an application the Clerk to make or cause to be made, within a investigation as he deems necessary that the proposed solicitation is, nonprofit purposes. for a permit under this article, the Board of Supervisors shall reasonable period of time, such in regard thereto to determine in fact, to be conducted for Sec. 19-24. Issuance or denial. (a) Upon approval of an application for a permit under this article, the Clerk to the Board of Supervisors shall issue the permit authorizing the solicitation described in such application. (b) If the Clerk to the Board of Supervisors disapproves the application, he shall deny the permit. In such case, the applicant shall, upon request, be granted a hearing by the county administrator. (c) Upon investigation if it has been determined the applicant has previously violated any section of this code then the application should automatically be denied. (d) If the county administrator still denies the application, the applicant shall, upon request, be granted a hearing before the Board of Supervisors. Sec. 19-25. Does not constitute endorsement by county or Clerk to the Board of Supervisors. No permit issued under this article shall, in any case, be construed as, or be deemed to be, an endorsement by the county or the Clerk to the Board of Supervisors of any of the solicitation or of the purpose for which the same is made. Sec. 19-26. Not transferable. A permit issued under this article shall be nontransferable; provided, however, that this shall not prevent any permittee from using such number of solicitors as are required to conduct the solicitation. Sec. 19-27. Revocation. (a) If, upon receipt of written information or upon his own investigation, the Clerk to the Board of G:\ATTORNEY\PMM\AGENDA\solicitamend.ord.wpd 4 G -/ Supervisors shall find: (1) That the holder of a permit issued under this article, or any agent or representative of such holder, is making or has made misrepresentations or untrue statements in conducting the authorized solicitation; or (2) That such solicitation has been or is being conducted in a manner inconsistent or not in conformity with the intent and purpose of this chapter or in a manner which endangers the health, life or property of the citizens of the county; or (3) That any person connected with such solicitation is making or has made any representation that such permit is an endorsement of the solicitation; (a) the Clerk to the Board of Supervisors shall revoke such permit and it shall thereafter be unlawful for any person to make any solicitation pursuant thereto. (b) Before any permit is revoked under this section, the Clerk to the Board of Supervisors shall give the permittee a minimum of twenty-four (24) hours' notice, in writing, that a hearing is to be had before the county administrator and that, at such hearing, the county administrator shall ascertain the facts, and if any reason above set forth for revoking the permit is found to exist, the permit shall be revoked by the ~o~tp Clerk to the Board of the Supervisors. (c) If the county administrator agrees with revocation of the permit the permittee shall be allowed to appeal to the Board of Supervisors whereas the Board will review the facts and determine whether is justification for the permit to be revoked. 2. That this ordinance is effective from and after the date of its adoption. G:\ATTORNEY\PMM\AGENDA\solicitamend.ord.wpd 5 ACTION N0. ITEM N0. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: AN ORDINANCE AMENDING SECTION 20-24, SPECIFIC COLLECTION CATEGORIES, OF CHAPTER 20, SOLID WASTE, OF THE ROANOKE COUNTY CODE, TO PROVIDE FOR THE REMOVAL OF SOLID WASTE CONTAINERS FROM THE PUBLIC ROAD AFTER COLLECTION, AND PRESCRIBING PENALTIES THEREFOR. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND INFORMATION: After receiving citizen complaints, Mr. Minnix, Chairman of the Board of Supervisors, has requested that an ordinance be drafted to require the removal of solid waste containers from the road in a timely manner. SUMMARY OF INFORMATION: This is a first reading of an ordinance amending ~ 20-24, Specific Collection Categories, of Chapter 20, Solid Waste, of the Roanoke County Code. The amendment for the removal of solid waste containers from the curbside of a qualified road in a timely manner, i.e. no later than 7:00 p.m. on collection day. The ordinance also prevents residential customers from blocking mail boxes and paper boxes with the solid waste containers while the containers are along the qualified roads. The penalty for violation of this provision is a Class 4 Misdemeanor- up to a $250.00 fine. There is a practical concern about enforcement of this ordinance. This ordinance is limited in its application to planned residential subdivisions, since in many rural areas of the County, application of this requirement may constitute a hardship for some citizens. Limitations in personnel place practical restrictions upon the ability to enforce this amendment. Enforcement personnel will have to be hired or identified, trained and (if from existing staff) released from other duties to testify in court in contested G:\ATTORNEY\PMM\AGENDA\garbageBRl.wpd 1 ~ -.~ matters, or otherwise monitor the enforcement procedures. If enforcement is based upon citizen complaints, then County staff may be drawn into refereeing neighbor disputes. Roanoke City faced a similar problem recently. The City has hired and appointed a Collection Inspector to enforce this provision of its solid waste ordinance. This inspector gives the citizen two warnings to comply. If this is unsuccessful then the Police Department and Commonwealth's Attorney are notified to commence prosecution. FISCAL IMPACTS: Additional enforcement staff may be required, or overtime for existing staff. STAFF RECOMMENDATION: This amendment to the County Code is submitted to the Board for its consideration at first reading of this ordinance. Respectfully submitted, ~ ~' Paul M. Mahoney County Attorney Action Vote No Yes Abs Approved ( ) Motion by Church Denied () Johnson Received ( ) McNamara Referred Minnix to Nickens G:\ATTORNEY\PMM\AGENDA\garbageBRl.wpd 2 .~ ~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, FEBRUARY 27, 2001 AN ORDINANCE AMENDING SECTION 20-24, SPECIFIC COLLECTION CATEGORIES, OF CHAPTER 20, SOLID WASTE, OF THE ROANOKE COUNTY CODE, TO PROVIDE FOR THE REMOVAL OF SOLID WASTE CONTAINERS FROM THE PUBLIC ROAD AFTER COLLECTION, AND PRESCRIBING PENALTIES THEREFOR WHEREAS, the Board of Supervisors of Roanoke County, Virginia finds that some citizens of the County do not remove the garbage collection containers from the road after the garbage has been collected from the container, and that this failure to remove the container from the road poses a danger to traffic; and, WHEREAS, many of these containers block access to homes, driveways, newspaper boxes and mailboxes, often resulting in neighborhood disagreements and disputes; and, WHEREAS, the failure to remove these containers from the road in a timely manner is a threat to public health, safety and welfare; and, WHEREAS, the first reading of this ordinance was held on February 27, 2001, and the second reading of this ordinance was held on March 13, 2001. BE IT ORDAINED By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 20-24, SPECIFIC COLLECTION CATEGORIES, is amended to provide as follows: Sec. 20-24. Specific collection categories. a) Roanoke County shall provide at no charge once per week curbside service to all residential customers in Roanoke County. To receive curbside service, residents will be required to bring the containers to within five (5) feet of the curbline of a qualified road. The refuse must be to the curb by 7:00 a.m. of the scheduled collection day. Containers placed within the curbside of a qualified road shall not be placed prior to 7:00 p.m. on the day preceding the day of collection. In planned residential subdivisions the containers shall be removed as soon as possible after collection or no later than 7:00 p.m. on the day of collection. G:\ATTORNEY\PMM\AGENDA\garbagecontainerord.wpd 1 ~~ 1 f ru. Containers shall not block mail boxes or newspaper boxes when located along the curbside of a qualified road. All households within the automated service area will receive one automated container. The containers are assigned to the house, not to the householder. Those households with five (5) or more people will be entitled to one additional automated container, upon request. All others will be required to purchase the second container. Residents will be charged for any container damaged due to negligence. No more than two (2) containers per household will be allowed. When set to the curbline, each container must have at least five (5) feet of clearance on all sides. Weekly collection will be for household refuse, garbage and yard waste only. No dead animals, hazardous waste or any other materials deemed unsafe for county manpower or equipment or disposal in the regional landfill will be collected. The replacement fee for a lost, stolen, or damaged container shall be sixty-five dollars ($65.00). 2. Any person violating the removal provision or blockin g mail box or newspaper box provision shall be guilty of a Class 4 misdemeanor. 3. That this ordinance shall be in full force and effect from and after the date of its adoption. G:\ATTORNEY\PMM\AGENDA\garbagecontainerord.wpd 2 G_ AGENDA ITEM NO. APPEARANCE REQUEST PUBLIC HEARING t% ORDINANCE CITIZEN COMMENTS SUBJECT: ~~~~ s ~ ~~~~~~''~ ~''~ would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW-- • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. • The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. • All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. • Both speakers and the audience will exercise courtesy at all times. • Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. • Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ~ tvn ~~ ho~f,Qs ADDRESS: -~ / ~ ~ C~e,r~ {G E' ~= ~~ Ids PHONE: ~ ~~ - 3 (~} `I ,, ~-~(_ '~ ;, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 27, 2001 ORDINANCE 022701-5 AMENDING AND REENACTING SEC. 16-2. DUTIES AND AUTHORITY OF POLICE DEPARTMENT AND ITS OFFICERS AND ENACTING SEC. 16-9.1. EMPLOYMENT OF OFF- DUTY OFFICERS OF THE ROANOKE COUNTY CODE TO AUTHORIZE AND REGULATE THE EMPLOYMENT OF POLICE OFFICERS AND DEPUTY SHERIFFS IN OFF-DUTY CIRCUMSTANCES WHICH MAY REQUIRE THE USE OF THEIR POLICE POWERS WHEREAS, the authority of local police departments and sheriffs to authorize and regulate the employment of its officers inoff-duty circumstances is codified in Section 15.2- 1712 of the Code of Virginia, and has further been upheld by a recent decision of the Virginia Supreme Court in the case of Oulds v. Commonwealth, 260 Va 210 (2000); and WHEREAS, the Roanoke County Police Department and the Sheriff of Roanoke County desire to confirm their authority under Virginia law to permit law enforcement officers and deputy sheriffs to engage in off-duty employment which may occasionally require the use of their police powers in the performance of such employment in the same manner and with the same legal authority as if performed on-duty; and, WHEREAS, the first reading of this ordinance was held on February 13, 2001, and the second reading was held on February 27, 2001. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That Section 16-2. Duties and Authority of Police Department and its Offices, of Chapter 16, Police, of the Roanoke County Code be amended and re-enacted as follows: Sec. 16-2. Duties and authority of police department and its officers. The Roanoke County Police Department shall exercise all the powers and duties imposed upon police by the provisions of chapter 17 of Title 15.2 of the Code of Virginia, 1950, as amended, or its successors as it may from time to time appear. The police officers constituting this department are invested with and authorized to exercise all of the power and authority which pertains to the office of constable at common law within the territorial limits of the County of Roanoke, including the Town of Vinton, in taking cognizance of and enforcing the criminal laws of the Commonwealth of Virginia and the ordinances and regulations of the County of Roanoke. 2. That Section 16-9.1. Employment of off-duty officers, of Chapter 16, Police, of the Roanoke County Code be enacted as follows: Sec. 16-9.1. Employment of off-duty officers. In accordance with the authority provided by Section 15.2-1712 of the Code of Virginia, 1950, as amended, or its successor as it may from time to time appear, police officers and other law enforcement officers in the county's employ may be permitted to engage in Off-duty employment which requires the use of their police powers. The chief of police, and the Sheriff or other supervisor of such law enforcement officers as appropriate, is authorized to adopt reasonable rules and regulations for off-duty employment and all off- duty employment shall be performed in accordance with such rules and regulations. 3. That this ordinance shall be in full force and effect from and after March 1, 2001. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 2 A COPY TESTE: Brenda J. Holt n, CMC Deputy Clerk to the Board of Supervisors cc: File Joseph Obenshain, Assistant County Attorney Circuit Court Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court George W. Harris, Judge William Broadhurst, Judge Vincent Lilley, Judge Julian H. Raney, Judge Jacqueline F. Ward Talevi, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, Chief Financial Officer Kathie B. Scearce, Director, Community Relations Danial Morris, Director, Finance O. Arnold Covey, Director, Community Development Terrance L. Harrington, County Planner Gary Robertson, Director, Utility Michael Lazzuri, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism Gardner Smith, Director, Procurement William E. Driver Director, Real Estate Valuation Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue 4 ACTION NO. ITEM NO. H - ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: Ordinance Amending and Reenacting Sec. 16-2. DUTIES AND AUTHORITY OF POLICE AND SHERIFF'S DEPARTMENTS AND THEIR OFFICERS AND ENACTING SEC. 16-9.1. EMPLOYMENT OF OFF-DUTY OFFICERS OF THE ROANOKE COUNTY CODE TO AUTHORIZE AND REGULATE THE EMPLOYMENT OF POLICE OFFICERS AND SHERIFF'S DEPUTIES IN OFF-DUTY CIRCUM- STANCES WHICH MAY REQUIRE THE USE OF THEIR POLICE POWERS COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The purpose of this ordinance is two-fold: 1) To update a reference in Section 16-2 of the Roanoke County Code to Title 15.2 of the Code of Virginia adopted in 1997 to update laws dealing with local governments; and 2) To confirm the authority granted by Section 15.2-1712 of the Code of Virginia for local governments to permit law enforcement officers to exercise their full police powers while performing off-duty employment. A recent decision by the Virginia Supreme Court, Oulds v. Commonwealth, 260 Va. 210 (2000) upheld arrests made by a Lynchburg City policeman who was working off-duty. Lynchburg City Council has adopted a city ordinance which specifically authorized such off-duty employment by their police officers and sheriffs deputies as authorized by Sec. 15.2-1712. The proposed ordinance for Roanoke County's Code closely follows the Lynchburg City ordinance. The Commonwealth Attorney's Office requested the adoption of this ordinance to avoid any question at a later date about the legal authority of our county police officers and sheriffs deputies using their law enforcement powers while working off-duty. The Chief of Police and the Sheriff are authorized to develop reasonable rules and regulations for such employment. FISCAL IMPACTS: None anticipated 1 t-/ STAFF RECOMMENDATION: Staff recommends the adoption of this ordinance to codify the authority for off-duty police officer and sheriffs deputy employment. Respectfully submitted, Jo~~ph B.~Obenshain S for Assistant County Attorney Action Vote No Yes Abs Approved ()Motion by Church Denied () Johnson Received () McNamara Referred Minnix to Nickens 2 H- / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 27, 2001 ORDINANCE AMENDING AND REENACTING SEC. 16-2. DUTIES AND AUTHORITY OF POLICE DEPARTMENT AND ITS OFFICERS AND ENACTING SEC. 16-9.1. EMPLOYMENT OF OFF-DUTY OFFICERS OF THE ROANOKE COUNTY CODE TO AUTHORIZE AND REGULATE THE EMPLOYMENT OF POLICE OFFICERS IN OFF-DUTY CIRCUMSTANCES WHICH MAY REQUIRE THE USE OF THEIR POLICE POWERS WHEREAS, the authority of local police departments and sheriffs to authorize and regulate the employment of its officers in off-duty circumstances is codified in Section 15.2-1712 of the Code of Virginia, and has further been upheld by a recent decision of the Virginia Supreme Court in the case of Oulds v. Commomvealth, 260 Va 210 (2000); and WIdEREAS, the Roanoke County Police Department and the Sheriff of Roanoke County desire to confirm their authority under Virginia law to permit law enforcement officers and deputy sheriffs to engage in off-duty employment which may occasionally require the use of their police powers in the performance of such employment in the same manner and with the same legal authority as if performed on-duty; and, WHEREAS, the first reading of this ordinance was held on February 13, 2001, and the second reading was held on February 27, 2001. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: That Section 16-2. Duties and Authority of Police Department and its Offices, of Chapter 16, Police, of the Roanoke County Code be amended and re-enacted as follows: Sec. 16-2. Duties and authority of police department and its officers. The Roanoke County Police Department shall exercise all the powers and duties imposed and authority which pertains to the office of constable at common law within the territorial limits of the County of Roanoke, including the Town of Vinton, in taking cognizance of and enforcing the criminal laws of the Commonwealth of Virginia and the ordinances and regulations of the County of Roanoke. 2. That Section 16-9.1. Employment of off-duty officers, of Chapter 16, Police, of the Roanoke County Code be enacted as follows: Sec. 16-9.1. Employment of off-duty officers. In accordance with the authority provided by Section 15.2-1712 of the Code of Virginia, 1950, as amended, or its successor as it may from time to time appear, police officers and other law enforcement officers in the county's employ may be permitted to engage in Off-duty employment which requires the use of their police powers. The chief of police, and the Sheriff or other supervisor of such law enforcement officers as appropriate, is authorized to adopt reasonable rules and regulations for off-duty employment and all off-duty employment shall be performed in accordance with such rules and regulations. That this ordinance shall be in full force and effect from and after March 1, 2001. G:\ATTORNEYVBO\Agenda\013DutyPolice.revisedord22001.wpd ACTION NUMBER ITEM NUMBER ,.L. ~` -" ~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 SUBJECT: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. LEAGUE OF OLDER AMERICANS ADVISORY COUNCIL The one year term of Steven L. Harrah will expire on March 31, 2001. 2. SOCIAL SERVICES ADVISORY BOARD The unexpired four-year term of Raymond Denny, representing the Windsor Hills Magisterial District. Dr. Betty McCrary, Director of Social Services has received notification from Mr. Denny that he has resigned effective January 17, 2001. The term will expire August 1, 2004. SUBMITTED BY: APPROVED BY: ~,~• Cf~~ ~~7 Mary H. Allen, CMC Elmer C. Hodge Clerk to the Board County Administrator ACTION VOTE No. Yes Abs Approved () Motion by: Church _ _ _ Denied () Johnson Received () McNamara- Referred () Minnix _ _ _ To () Nickens _ _ _ 1 R ..~)-~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 27, 2001 RESOLUTION 022701-6 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: 1. That the certain section of the agenda of the Board of Supervisors for February 27, 2001, 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 11, inclusive, as follows: 1. Approval of minutes for January 9, 2001. 2. Ratification of committee appointments to the Virginia's First Regional Industrial Facility Authority and Southwest Development Financing, Inc. 3. Request from Police Department to accept $41,804 V-stop grant for prevention and investigations of violent crimes against women. 4. Request from Police Department for acceptance of Department of Motor Vehicles grant funds for aggressive driver enforcement. 5. Request from schools for acceptance of capital grant in the amount of $804,000 under the Standards of Learning Technology Initiative. 6. Request from schools for acceptance of $21,869 grant from the Virginia Department of Education to be used for Administrative Software Support. 7. Acceptance of water and sewer facilities serving Crestwood Estates. 8. Approval of Revisions to the Employee Handbook. 9. Request from Schools to accept $50,000 grant from the Department of Education for alternative education program. 1 10. Acceptance of waterline easements for Stonegate Subdivision in the Hollins Magisterial District 11. Acceptance of Brookhaven Court and a portion of Monet Drive into the Virginia Department of Transportation Secondary System. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such. item pursuant to this resolution. On motion of Supervisor Nickens to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: ~~~ ~- ~~ Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: File James R. Lavinder, Chief of Police Danial Morris, Director, Finance Garland R. Life, Executive Assistant Jane James, Director of Technology Danial Morris, Director, Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Joe Sgroi, Director, Human Resources Vicki L. Huffman, Senior Assistant County Attorney 2 January 9, 2001 ~ ~ ,~ Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 January 9, 2001 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday and the second regularly scheduled meeting of the month of January, 2001. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3:01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice- Chairman Joseph B. "Butch" Church, Supervisors Bob L. Johnson, Joseph McNamara, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan R. O'Donnell, Assistant CountyAdministrator; Kathie B. Scearce, Community Relations Director IN RE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS January 9, 2001 15 ^ Continued regional cooperation by scheduling joint meetings with the City of Roanoke, the City of Salem, the Town of Vinton, and a picnic at Explore Park for all Roanoke Valley governing bodies. ^ Grand Opening of the first regional fire training facility in the Valley, located at the County's Kessler Mill Road facility, which will serve the training needs for all of Southwest Virginia ^ Opening Ceremonies of the 457 acre Roanoke County Center for Research and Technology located in West County which will become a premier technology park. ^ Amendments to the Community Plan utilizing intensive citizen input and community meetings in the Colonial Avenue Corridor and Clearbrook-Route 220 area which will serve as models for other communities in the future. ^ Successful national accreditation of the Sheriff's Office and reaccreditation of the Police Department. WHEREAS, Mr. McNamara worked diligently during his term to represent all the citizens of Roanoke County and to promote regional projects which would benefit all the residents of the Roanoke Valley. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its deepest appreciation to Joseph McNamara for his service as Chairman during 2000 and for his belief in democracy and participation by citizens in local government. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 2. Introduction of William E. Driver new Real Estate Valuation Director and Diana L Rosapepe new Library Director Mr. Hodge introduced William E. Driver who has been named the new Director of Real Estate Valuation. He announced that Mr. Driver is a Certified Residential Real Estate Appraiser in the Commonwealth; received his bachelor of business administration degree from East Tennessee State University; and has been employed with Roanoke County since 1984. January 9, 2001 1~_ Schools, and Information Technology departments, and the close working relationship this group formed with mall management and merchants, resulted in a heavily attended and very successful event. Nicole Bird, Information Technology; Myra Sellers, Parks and Recreation; and Sherry Pearson, Libraries; accepted the award. Supervisor Johnson noted that Mr. Watts has accepted another position and asked that he be recognized at the next meeting. IN RE: NEW BUSINESS 1. Request for appropriation of final year end balance from school operations for the year ended June 30 2000 (Dr Linda Weber, School Superintendent) A-010901-2 Dr. Weber advised that as a result of year-end operations, school revenue exceeded the budgeted amount by $691,389, while savings in major spending categories accounted for $1,783,813. This generated a year end balance for school operations of $2,475,202. Dr. Weber included a list of recommended expenditures for the year-end balance, which included $650,000 to purchase school buses. Supervisor Johnson explained that he was concerned that the state would not provide funds for teacher raises, and that he supported spending the funds for school buses but holding the remaining funds to see what the General Assembly does for education. Supervisor McNamara disagreed, and felt that the schools should spend for the items they felt were high priority. He moved to approve the request in its entirety. Supervisor Nickens supported Supervisor Johnson's suggestion to wait to approve the appropriation, but he felt the funds must be spent on non-recurring capital January 9, 2001 ~~ Roanoke County. Mr. Haislip advised that staff from Salem and Roanoke County met and decided to allocate $175,000 of this grant to construct the Green Hill section of the trail with Salem retaining $125,000 to engineer the remainder of the Roanoke River Greenway to be located in Salem. The total cost of the Green Hill project is $222,100. At the work session the Board supported proceeding with the construction of the section in Green Hill. Staff is requesting matching funds of $47,100 from the General Fund Unappropriated Balance to complete this project. Supervisor Church noted that use of Green Hill Park is growing daily and moved to appropriate $47,100 from the General Fund Unappropriated Balance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 3. Reauest to approve $12 549 funding for Roanoke County's share of VMLIVACo assessment for AEP Negotiations (Gary Robertson, Utility Director) A-010901-4 Mr. Robertson reported that Roanoke County's current contract with American Electric Power (AEP) was approved in 2000 and expires June 30, 2002. While AEP is legally obligated to continue to supply power to local governments after the contract ends on June 30, 2002, they have made it clear that future rates to local governments should be at market rates. Industry experts feel that this could result in a rate increase of up to 18%. The VML/VACO steering committee has recommended that the following steps be taken: (1) Pursue legislation to ensure that governmental January 9, 2001 ~~ 4. Request for acceptance of grants awarded by the Bill and Melinda Gates Foundation and appropriation to the Public Library Budget. (Spencer Watts Library Director A-010901-5 Mr. Watts reported that the Roanoke County Public Library has been awarded two grants by the Bill and Melinda Gates Foundation. One grant, in the amount of $8,058 is intended to purchase computers and software for the Mount Pleasant Branch Library in support of the expansion of public access to computers and the Internet. A second grant of $43,118 has been awarded to establish a regional training lab at the Vinton Branch Library. Grant funds will be used to purchase eleven computers, a server, a laser printer, and a projector. While grants for the individual building installations, such as the one received for Mount Pleasant, were based on a set of fairly standardized demographic criteria, the grants for the training labs were highly competitive, and only seventeen lab grants were awarded throughout the state. In addition to the funding received via the Gates grants, the library will soon be awarded additional grants through the Library of Virginia's Infopowering partnership, a complementary program to the Gates effort. These additional grants will be for the purchase of public access equipment at the Glenvar, Vinton, and Bent Mountain branches, and provide funding for facility improvements and furnishings in support of the training lab at Vinton. Supervisor Nickens moved to accept and appropriate the Bill and Melinda Gates Foundation grant funds. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None January 9, 2001 7 Z AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None BOARD OF SUPERVISORS COMMITTEE ASSIGNMENTS 2001 JOSEPH B. CHURCH -- Virginia Association of Counties Legislative Liaison (As Vice-Chairman) - Roanoke Valley-Alleghany Regional Commission(3 year term expires 6/30/2001) -- Roanoke County Cable Television Committee (Representing Catawba District) -- Virginia's First Regional Industrial Facilities Authority -alternate (4-year term expires 9/24/2002) - Roanoke Valley-Alleghany Regional Commission Water Supply Policy Committee -- School Construction Committee (Appointed by School Board 11/1999) BOB L. JOHNSON -- Total Action Against Poverty Board of Directors (2-year term expires 5/5/2000. Mr. Johnson appointed Mrs. Elizabeth Stokes as his designee.) -- Virginia's First Regional Industrial Facilities Authority (4-year term expires 9/24/2002 ) JOSEPH MCNAMARA -- Audit Committee -- Clean Valley Council (2-year term expires 6/30/2001) -- Roanoke Valley-Alleghany Regional Commission (3-year term expires 6/30/2002) -- School Construction Committee (appointed by the Board of Supervisors on January 13, 1998) -- Roanoke Valley-Alleghany Regional Commission Metropolitan Planning Organization (3-year term expires 7/1 /2002) H. ODELL MINNIX -- Roanoke Valley Economic Development Partnership (As Chairman -- Virginia Association of Counties Liaison ,BAs Chairman - Fifth Planning District Regional Alliance (As Chairman) -- Urban Partnership (As Chairman -- Audit Committee rights and encumbrances. The vacation of the sanitary sewer easement and 20' water line easement to the Commonwealth of Virginia would be subject to VDOT issuing a permit for such facilities and the condition that the facilities located within the 50-foot right-of-way of Monet Drive, Section No. 5, The Groves, may continue to occupy the street in the existing condition and location. The Utility Department is in agreement with this request. Supervisor Minnix moved to approve the first reading and set the second reading and public hearing for January 23, 2001. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Second reading of ordinance authorizing the vacation, quit- claim and release of a portion of an existina 100-foot drainaae easement shown on `Plat Showing New Drainage Easement Being Granted to County of Roanoke'. Plat Book 13. Page 59 on property owned by DFC Roanoke, LLC, and located in the Hollins Magisterial District. !Arnold Covey. Community Development Director 0-010901-7 There were no changes to the ordinance and no discussion. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix January 9, 2001 ~7 costs and expenses associated herewith, including but not limited to, all costs associated with the establishment of an alternative drainage system, surveys, publication, and recordation of documents; and, 5. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation, quit-claim, and release, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 2. Second reading of ordinance to vacate a portion of a 15-foot drainage easement on plat entitled "Subdivision of the Orchards, Section 2, Applewood", Plat Book 9 pac,~e 112 and further shown as "Existing 15 foot Drainage Easement (P.B. 9, PG. 112)" in Plat Book 13, Page 59, located in the Hollins Magisterial District. (Arnold Covey, Community Development Director 0-010901-8 There was no discussion and no changes to the ordinance. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 010900-8 TO VACATE A PORTION OF A 15-FOOT DRAINAGE EASEMENT ON PLAT ENTITLED `SUBDIVISION OF THE ORCHARDS, SECTION 2, APPLEWOOD', PLAT BOOK 9, PAGE 112, AND FURTHER SHOWN AS "EXISTING 15' DRAINAGE EASEMENT (P.B. 9 PG. 112)" IN PLAT BOOK 13, PAGE 59, AND LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT January 9, 2001 7 (~` the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: APPOINTMENTS 1. Grievance Panel Ms. Allen was asked to contact Beth Anderson to determine if she would like to serve another term. IN RE: CONSENT AGENDA R-010901-9; R-010901-9.a: R-010901-9.b; R-010901-9.c; R-010901-9.d; R-010901- 9.e Supervisor McNamara moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 010901-9 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for January 9, 2001, designated as Item I -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. Resolution of support for the Virginia Public Broadcasting Board to finance the acquisition of equipment through the Industrial Development Authority of the City of Harrisonburg, VA. 2. Request for acceptance of Carter Grove Lane and Carter Grove Circle into the Virginia Department of Transportation January 9, 2001 Z 1 ~_ Authority and approves the loan by the Harrisonburg Authority for the benefit of the VPBB, as required by Section 15.2-4905 of the Act. 2. This resolution shall take effect immediately upon its adoption. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES : Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 010901-9.b REQUESTING ACCEPTANCE OF CARTER GROVE LANE AND CARTER GROVE CIRCLE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted aghdt-of-way, as described, and any necessary easements for cuts, fills and drainage, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor McNamara Seconded By: None Required Yeas: Supervisors Johnson, McNamara, Church, Nickens, Minnix Nays: None Absent: None RESOLUTION 010901-9.c REQUESTING ACCEPTANCE OF THE REMAINING PORTION OF DERBY DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-S(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention January 9, 2001 ~ Z DB. 1670, PG. 1846 -Stuart J. Wamsley and Geraldine H. Wamsley DB. 1670, PG. 1869 -Harold B. Hodges and Hazel G. Hodges DB. 1670, PG. 1862 -Joseph K. Bushnell and Virginia A. Bushnell DB. 1678, PG. 0600 -Residential Contractors, Inc. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted agat-of-way, as described, and any necessary easements for cuts, fills and drainage, BE IT FURTHER RESOLVED, this Board requests that the Virginia Department of Transportation to improved said street to the prescribed minimum standards, funding said improvements pursuant to Section 33.1-72.1 (D), Code of Virginia, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor McNamara Seconded By: None Required Yeas: Supervisors Johnson, McNamara, Church, Nickens, Minnix Nays: None Absent: None RESOLUTION 010901-9.e OF GUARANTEE BY THE COUNTY OF ROANOKE TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION FURNISHED IN LIEU OF A GUARANTEE FEE OR BOND FOR PUBLIC WORKS PERMITS WHEREAS, it becomes necessary from time to time for the County of Roanoke to obtain permits from the Virginia Department of Highways and Transportation to install, construct, reconstruct, maintain, and operate certain public works along, across, over and upon the highway system of Virginia; and WHEREAS, expense, damage or injury may be sustained by the Commonwealth of Virginia growing out of the granting to said County by the Virginia Department of Highways and Transportation of said permits for the work aforesaid; and WHEREAS, one of the conditions of such permit or permits is that the County of Roanoke shall indemnify the Commonwealth of Virginia to the extent permitted by law against all damages and injuries to the highways and bridges and to persons or property lawfully upon such highways. NOW, THEREFORE, the condition of this obligation is such that if the said County of Roanoke shall in all respects comply with all of the conditions of permit or permits that have been, or will be, granted said County of Roanoke, and, to the extent permitted by law, shall indemnify and save harmless the Commonwealth of Virginia against and from all loss, cost, expense, damage or injury to highways and bridges and to persons and property lawfully on such highways growing out of the granting of such permit or permits to said County of Roanoke, then this obligation to be void, otherwise to be and remain in full force and virtue. IN WITNESS WHEREOF, the said County of Roanoke has caused this bond to be executed and its official seal affixed the day and year first above written, pursuant to January 9, 2001 ~~ ~~ approved 8 holidays and 3 floating holidays and not 9 holidays and 2 floating holidays and that the Board should take action on this item. Chairman McNamara responded that the action was taken at the January 2, 2001 meeting and that this report was informational only. Mr. Hodge explained that the Board approved 8 specific holidays and allowed 3 floating holidays. The County staff decided to keep 9 holidays and allow 2 floating holidays. 8. Report on Sick Leave Usage in 2000 Supervisor McNamara suggested that this report not be part of the agenda in the future because it sent the wrong message to the employees. Supervisor Nickens advised that he asked for this report, and it was his understanding that the report was done on an annual basis. Supervisor Church noted that the employee sick leave usage is below the national average. 9. Treasurer's investment report as of November 30 2000 10. Treasurer's investment report as of December 31 2000 11. Quarterly Report for Day Reporting Program IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: (1) He advised that he felt that it was the prerogative of any Board member to bring up any issue and apologized for his previous comments but felt that some issues should be discussed in private rather than in public. (2) He announced that the regional summit held on January 8 shows the need to continue to try cooperation even when it has not been successful in the past. Supervisor Minnix: He recommended that when there are issues that Board members disagree on, they should try to eliminate and/or resolve the problems and come to closure. January 9, 2001 Z-~ population of fewer than 100,000 will be required to comply with Phase II of the Clean Water Act and obtain a National Pollutant Discharge Elimination System (NPDES) permit for stormwater quality. Wayne Strickland, Executive Director of the Roanoke Valley Allegheny Regional Commission, updated the Board on the past stormwater management efforts and on Project Impact. Mr. Lormand and Mr. Mosely provided a powerpoint presentation on the regulations, schedule for compliance, costs and associated impacts. The cost for water quality was estimated from $1.70 to $7.60 per capita, and the stormwater quantity and quality programs was estimated at $60 to $100 per acre for a comprehensive approach to manage stormwater. Mr. Strickland advised that there are no funding source available right now. Mr. Simpson advised that the County's share of the funding for the study is $40,000. Staff was directed to bring back a funding request for $40,000 at the January 23, 2001 meeting. 2. Proposed redistricting (Paul Mahoney County Attorney) The work session was presented by Paul Mahoney, Terry Harrington, and Diane St. John. Mr. Mahoney advised that redistricting must be completed by the November 6, 2001 elections. He presented a brief outline of the legal standards and requirements for the redistricting process and a recommended timetable, that includes a public hearing on February 27, 2001. He advised that the census data will be available at the end of March. It was the consensus of the Board that: (1) there will be five magisterial districts; and (2) the committee will consist of County Attorney Paul Mahoney, County Planner Terry Harrington, and Registrar Diane St. John. Supervisor Johnson recommended avoiding splitting subdivisions if January 9, 2001 ?p accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson IN RE: ADJOURNMENT At 6.12 p.m. Chairman Minnix adjourned the meeting. Submitted by, Mary H. Allen, CMC Clerk to the Board Approved by, H. Odell Minnix Chairman A-022701-6 . a ACTION NO. ITEM NUMBER `T"~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: Ratification of Committee appointment to the Virginia's First Regional Industrial Facility Authority and Southwest Development Financing, Inc. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION 1. SOUTHWEST DEVELOPMENT FINANCING, INC County Administrator Elmer Hodge has recommended the appointment of Parks and Recreation Director Pete Haislip to fill the two year unexpired term of Brian T. Hamilton, former Economic Development Specialist, who has resigned. The term expires January 12, 2002. 2. VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY County Administrator Elmer Hodge has recommended the appointment of Jill Barr, Assistant Director of Economic Development, to fill the four year unexpired term of alternate Joyce Waugh, former Assistant Director of Economic Development. The term will expire September 24, 2002. STAFF RECOMMENDATION: It is recommended that the above appointments be ratified. Submitted by: Appro d by, 7'YL.cz ~,1. '~"~" ~ Mary H. Allen CMC Elmer C. Hodge Clerk to the Board County Administrator 1 ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: Harry C. Nickens motion to Church _ x Denied () approve Johnson _ x Received () McNamara- x ,_ Referred () Minnix _ x _ To () Nickens _ x cc: File Southwest Development Financing, Inc. Virginia's First Regional Industrial Facility Authority 2 .,. r G A-022701-6.b Action Number Item Number ~~" 3 At a regular meeting of the Board of Supervisors of Roanoke County, Virginia at the Roanoke County Administration Center Meeting Date: February 27, 2001 Agenda Item: Request from Police Department to accept V-stop grant from the Department of Criminal Justice Services for prevention and investigation of violent crimes against women. County Administration Comments: Background: The Roanoke County Police Department applied for and was approved for a grant for the prevention and investigation of violent crimes against women. As approved, the department will receive forty-one thousand eight hundred four dollars ($41,804) in Federal funds and thirteen thousand nine hundred eighty-five dollars ($13,985) in matching funds from the current budget .The total grant would be fifty-five thousand seven hundred eighty-nine dollars ($55,789). Summary of Information: The federal funds, from a program named "V-STOP", are for a five year Federal program aimed at reducing violence against women. The program is in its fifth year with funding administered through the Virginia Department of Criminal Justice Services. Funding is expected to continue with the recent renewal of the program for another five years. The grant will be used to continue the investigations and prevention of crimes of violence against women in Roanoke County, and it is specifically for the purposes of direct involvement with the issues of victims, both in the court and in the situations where prosecution is not possible or the victim does not wish to prosecute. For the assigned Detective, there is a continuously large case load of new investigations, follow up to other investigations and needs of training and public education. While the bulk of the cases reviewed or investigated relate to cases of Domestic Violence, other topics of investigation are protective order violations, stalking, and sex crime investigations including aggravated sexual battery, rape, indecent exposure and prowler/peeping toms. Furthermore, the assigned Detective acts as a resource and referral agent for victims and allied professionals. 1 Fiscal Impact: `~ - This grant period runs on the calender year from January 01 to December 31, 2001. The subgrantee match portion of the entire grant package will be thirteen thousand nine hundred eighty-five dollars ($13,985). These matching funds are included in the Police Department budget. Staff Recommendations: The staff recommends acceptance of the V-STOP grant funding for the Violent Crimes Against Women Unit from the Department of Criminal Justice. Respectfully submitted, Approved, J mes R. Lavinder Chief of Police /Yh.P~ Elmer C. Hodg , Jr. County Administrator ---------------------------- ACTION VOTE No Yes Abs Approved (x) Motion by: Harms C Nickens motion to Johnson x - Denied () ~~rove - Received () McNamara- x -. Referred () Minnix - x .- Nickens x - To () - cc: File James R. Lavinder, Chief of Police Danial Morris, Director, Finance 2 ACTION NO. ITEM NUMBER: A-022701-6 . c ..T- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: Acceptance of Department of Motor Vehicles grant funds for aggressive driver enforcement. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: Y Aggressive drivers are a continuing problem for motorists and pedestrians. As their time permits, during their regular tours of duty, officers are able to take appropriate action to detect and apprehend some of those drivers. However, too many of those drivers go "undetected" because of calls for service and other demands for officer's time. SUMMARY OF INFORMATION: The Department of Motor Vehicles has awarded a grant for the detection and apprehension of aggressive drivers. The grant is administered by Mr. Jim Phipps, Director of Court Community Corrections. Funds are awarded regionally. Each jurisdiction is awarded a given number of hours for patrols during the grant period, which runs from October through September. The jurisdiction allows their officers to work the patrols and pays them from local funds. Once the officers have been paid, the total of local funds expended is invoiced to Mr. Phipps, who reimburses the County. This grant is awarded on an annual basis, with no guarantee of renewal from year to year. FISCAL IMPACT: The Department of Motor Vehicles will provide grant funds with no matching funds required. The amount of funds allotted to each locality will vary each year, depending on the total reimbursement requested by the County. STAFF RECOMMEND'1'1UN: Staff recommends acceptance of DMV grant funds. SUBMITTED BY: R Lavinder ~- Chief of Police APPROVED: Elmer C. Hodge County Administrator ------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: Harry C. Nickens motion to Church _ x _ Denied () improve Johnson - x Received () McNamara- x Referred () Minnix - x To () Nickens - x cc: File James R. Lavinder, Chief of Police Daniel Morris, Director, Finance ACTION NO. A-022701-6 . d ITEM NUMBER `'T "'~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTIATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: Request from schools for acceptance of capital grant in the amount of $804,000 under the Standards of Learning Technology Initiative. COUNTY ADMINISTRATOR' S COMMENTS : I~~'~'"+'~~,'~ SUMMARY OF INFORMATION: Roanoke County Schools has received a capital grant in the amount of $804,000 under the Standards of Learning Technology Initiative. The program will focus on establishing a computer-based instructional and testing system for the Standards of Learning and connecting high schools, Best Practice Centers, and the central office of the Department of Education. School divisions are expected to use this funding to meet the following goals at the high school level: a) providing a 5 - to - 1 student to computer ratio; b) Internet-ready local area network capability; and c) Network Virginia or Web-equivalent access to the Internet. The Department of Education is currently engaged in pilot programs and plans to make recommendations regarding the necessary hardware and infrastructure by late spring. It is proposed that this money be spent to provide classroom computers and network upgrades at each high school to meet the guidelines currently under development by the Department of Education. FISCAL IMPACT: The required local match of $160,800 ($40,200 of which must be for training) is included in the current budget. STAFF RECOMMENDATION:Staff recommends appropriation of $778,000 to the School Capital Fund and $26,000 to the Roanoke Valley Regional Board for the purchase of classroom computers and network upgrades. Dr. Jane James ~~ Elmer C. Hodge Director of Techno ogy County Administrator ------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Approved (x) Motion by: Harry C. Nickens motion to Church _ x Denied ( ) approve Johnson _ x Received ( ) McNamara- x Referred ( ) Minnix _ x To ( ) Nickens _ x cc: File Jane James, Director of Technology Danial Morris, Director, Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Abs ACTION NO. A-~227~ ~ _~ ~ e ITEM NUMBER -1' ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: Request from schools for acceptance of $21,869 grant from the Virginia Department of Education to be used for Administrative Software Support. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: ~' Roanoke County Schools has received funding from the Virginia Department of Education to be used in FY2001 for Administrative Software Support in the amount of $21,869. This is to supplement the funds received last year to upgrade our administrative management software package. It is proposed that the money be spent to purchase scanners and printers needed to supplement the Starbase® software program. FISCAL IMPACT: The required local match of $16,287 is included in the current budget. STAFF RECOMMENDATION: Appropriation of $21,869 to the operating fund for equipment and upgrades to the Starbase® software program ~y~ Dr . Jane James ~-'-~~~~~--~` Elmer C . Hodge Director of Technology County Administrator ------------------------- ACTION VOT E No Yes Abs Approved (x) Motion by: Harry C. Nickens motion to Church _ x Denied () improve Johnson ~ x Received () McNamara- x Referred () Minnix - x To () Nickens - x cc: File Jane James, Director of Technology Danial Morris, Director, Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board ,,,. - ACTION # A-022701-6.f ITEM NUMBER ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 SUBJECT: Acceptance of Water and Sewer Facilities Serving Crestwood Estates COUNTY ADMINISTRATOR'S COMMENTS: ~" G~ SUMMARY OF INFORMATION: The Developers of Crestwood Estates, Triangle Developers, Inc., have requested that Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the subdivision along with all necessary easements. The water and sanitary sewer facilities are installed, as shown on plans prepared by Lumsden Associates entitled Crestwood Estates, which are on file in the Community Development Department. The water and sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the water and sanitary sewer construction is $17,640.00 and $24,860.00 respectively. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Crestwood Estates subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: Gary Robert on, P.E. Utility Direc or APPROVED: ~~ ~~~ Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: HarrkC Nickens motion to Church _ x Denied () approve Johnson _ x Received () McNamara- x _. Referred () Minnix _ x To () Nickens _ x cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development ,~ C®PY Return To: Roanoke County Attorney's Office THIS CHATTEL DEED, made this 5th day of February , 2001, by and between Triangle Developers, Inc , a Virginia Corporation, hereinafter ~- referred to as the "Developer," party of the first part; and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, its successors or assigns, hereinafter referred to as the "Board," party of the second part. :WITNESSETH: THAT FOR AND IN CONSIDERATION of the mutual benefits accruing to the parties, the receipt and sufficiency of which is hereby acknowledged, the Developer does hereby GRANT, CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL WARRANTY OF TITLE, in fee simple unto the Board all water and/or sewer lines, valves, fittings, laterals, connections, storage facilities, sources of water supply, pumps, manholes and any and all other equipment and appurtenances thereunto belonging, in and to the water and/or sewer systems in the streets, avenues, public utility, easement areas, water and sewer easement areas that have been or may hereafter be installed by the Developer, along with the right to perpetually use and occupy the easements in which the same maybe located, all of which is more particularly shown, described and designated as follows, to wit: ,..~ "' / As shown on the plan entitled Crestwood Estates , made by L.umsden Associates (3 2-981 And on file in the Roanoke County Department of Community Development. The Developer does hereby covenant and warrant that it will be responsible for the proper installation and construction of the said water and/or sewer systems including repair of surface areas affected by settlement of utility trenches for a period of one (1) year after date of acceptance by the Board and will preform any necessary repairs at its cost. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution No. adopted by the Board of Supervisors of Roanoke County,. Virginia, on the day of , 20 2 WITNESS THE FOLLOWING signatures and seals: Developer Address: By: As: Title State of: County/City of: Z ~ ° c~, Virginia ,• Roanoke , to wit: The foregoing instrument was acknowledged before me this: ~~--~~~- ,day of ~~ ~. , 20 ~ 1 , By: ~ ~• ~~~ Its V t c-~.,~r~.~'r ~..h.~ Duly authorized officer (typed name) Title on behalf of: ~ ~~~~~ J ~~-'~~ ~ L~'~P~-r~-5i~~--~-r~~-. ~. Nota~v Public My Commission expires: ~I ~~~ zc~v .3 3 Approved as to form: County Attorney State o£ County/City of: By: ~~ Board of Supervisors of Roanoke County, Virginia Elmer C. Hodge County Administrator (SEAL) Virginia Roanoke , to wit: The foregoing instrument was acknowledged before me this: day of , 20 , by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My Commission expires: 4 . `-~' ° '7 . ,a "~• / re+`,~a // ~N/ /{. /Pee/ /~~ // // hP~\ /~ // "` / a~ ~' //~y~"ti /~ _____-_ ~~ .ar _ - ~ „,. /~ e J JI MAN A4 ~~`. ~ / ~ I W nR~ll .n f1R~ ~~ y t~ hP, t0 , ~l ~ '~\~ ~ hth' /~C 4 °PR~J at'.. ~ ~ ' ` e° a* ` 4 4 ~• / ~O ey t; ~ ~ ~ ~t` " ~'yF t { ' `a~ ` ~ ^ f R ~ ° Pa M1 PPR urt ~ " ~ ~ ~ 61e WATER /~~`I `~ .,.el / t'/ ~h J' Ql {t ~lC fy / f, ~ tP ~ L `P ~./ G i n I ~ I ~ hh`~ N g~*~ C _ ti^' ~o~' ' 1 ~ 1``~``' ~`tPw lttPl y(~ S .K ~ ~4~ /^\ o'' F f°"°" / a'~~~ M.11 '~; ~ ~ ' hP p]t \.~ ~ lP 'b ,~ / .~ ~~. P~ `2C ~/ "P ~1 ~` \ ~ ~ ~° CRE wOO ~~ ~~ ~ Pee` ~°°~,~ / ;"`,~ ~' / e o •~~`~~ >, ,,\~, , ~~~ g,e SANITARY ~`%~"°~ ~;~ Fa"r:~~P ~• ~ ~, L e ~ Int•1 ~ `^ ~ ~~~,A' . e . B. ; SE YY 1'+l1 ~~ ~, sc" /l syn OA'R~ y~ ->~-_f`N8i°<4'A9"W ~\`t ~.~." et ~~ _ _ - 6 WATER ,'fi`r t~A1 .,.-i ~~_~~~-~/ Y ~•\ ~ h / / U ~V' ~ i P ,,.-j- ~ L, .'~~ tPtelae, P"e~e'~t, i Ap i/ ~`/ / '~/~ 1 ,r ,. ~-* y o°, y' aC ~P kph :"'~ Pq rq• i/~ '~ ' I O ~ -q i-1} i ba6o~ e~ Ft~~t ~" d ~ °~r tea Jlv~ I °i' ~ d ~~ Pai +` 'CHG. "tP 14tF i°oA a 6N - ` •?, ~~ ~ . G¢ `tee-' s Acceptance of Water and Sanitary Sewer • facilities serving Crestwood Estates ,~ . 1N ACTION NO. _ A-022701-6.g ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: Request for approval of revised Roanoke County Employee Handbook COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. We have scheduled a work session for this meeting to discuss changes in the Fire and Rescue Department work schedules. BACKGROUND: The current Employee Handbook was last revised in January 1995. Since this time, changes have occurred in operational, legislative and employee benefit areas that need to be included. In preparation for these revisions, feedback was solicited from department directors, and the Human Resources and Payroll staff worked through the suggested and required changes. The Assistant County Attorney reviewed all revisions throughout the process. A review of the final draft was held with the County Administrator, the Assistant County Administrators, the County Attorney, and the Employee Advisory Committee. The revised Employee Handbook was first placed on the February 13, 2001 Consent Agenda, and a work session was requested by the Board. Changes made during the work session have been reflected in this draft. The handbook is being resubmitted for final approval. SUMMARY OF INFORMATION: Revisions resulting from 2/13/01 work session: -Chapter 2 -Getting Started, page 5 o Section H: Probationary Period, 2~d paragraph -the word introductory was changed to probationary -Chapter 3 -Your Job, page 7 o Section B: Performance Evaluations, 1St paragraph -the word may be was changed to will be 0 2~d paragraph -revisions (maybe and before the end ot) changed back to original language (are and before the end ot) R ..~ - ~'~" o page 8, 3`d paragraph -revised language (continue to be monitored) changed to in accordance with a plan of action Notable Employee Handbook Revisions (prior to 2/13/01 work session) Introductory Comments: • No major changes have been made, only revisions where necessary • Trend of revisions is to go from specific to more general, broad statements • Most notable changes reflect current administrative and/or operational practices and are listed below PURPOSE AND SCOPE • Language added to indicate that regular part time employees are covered by policies in handbook with exception of insurance, benefit and time off programs. CHAPTER 3 -YOUR JOB I. Reduction in Force, Page 11 • Recall period reduced from 24 to 6 months • Time frame is established for when benefits will end during a reduction in force. L. Continuous Service, Page 13 • Policy added to reinstate seniority to employees who terminate and return with no more than a 30 day break in service. CHAPTER 4 -CONDUCT, PAGE 20 • Harassment Policy added CHAPTER 6 -ADMINISTRATIVE POLICIES G. Drug Free Working Environment, Page 36 • Expanded language regarding drug/alcohol testing required for employees with CDL (Commercial Driver's License) H. Electronic Medical Usage Policy, Page 37 • Expanded language to include Internet, voice mail, a-mail, usage by employees. CHAPTER 7 -YOUR PAY I. Classification Plan, Page 40 • Specific language regarding amount of increase removed for more general application. F. Overtime Compensation, Page 41 • Specific language relating number of hours for overtime purposes removed to allow for differences in departments. H. Performance Evaluation, Page 43 • Abetter description of the Pay for Performance direction of the County J. 20 Year Service Pay, Page 43 Added since last handbook revision CHAPTER 8 -BENEFITS A. Health & Dental Insurance, page 44 • Expanded language to explain Cobra and qualifying events more fully. C.~ • Language added to define when a retiree is eligible for continuation of health insurance. B. Deferred Compensation, page 48 C. Flexible Spending Accounts, page 48 N. Circle Suggestion, page 50 O. Extra Mile Club, page 51 • H-O added since last revision CHAPTER 9 -LEAVES OF ABSENCE B3 & 7. Monitoring & Review (page 55) & Abuse of Sick Leave (page 56) • Above sections have been combined • Language added to address the payment of sick leave and working a second job. B. Family & Medical Leave Act, Page 60 a. Policy language expanded C. Holiday Schedule, page 61 Schedule moved to HR Intranet site and clarification of Holiday Bank added FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends adoption of the revised Employee Handbook effective February 27, 2001. Submitted by, Approved by, Joe Sg i Human Resources Director G . ~o-~ey~ Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Harry C. Nickens motion to Church _ x _ Denied () approve Johnson _ x _ Received () McNamara- x _. Referred () Minnix _ x _ To () Nickens _ x cc: File Joe Sgroi, Director, Human Resources • • CountL~ of Roanoke EinploL~ e~ H~~1~ook HGRT 671E lflE RIDI~ • o~ ;~oaNO~ F .e z ~, o Z v a 1838 CZ~zz~t~ To the Employees of Roanoke County: of ~lZa~rtn~~ Our two highest priorities are our citizens and our staff. This handbook provides information on a variety of benefits and career development programs that are available to employees. It is our intention to mentor employees, provide training opportunities, provide education assistance and do all that we can to keep your employment skills current. Recruitment and retention of our employees is very important to us. Of necessity, any handbook also sets out policies and regulations under which we work. We have tried to make them easy to understand and fair to all employees. We have included employee participation and feedback to arrive at the decisions that have been made. Please review these topics and discuss them with your department director if you have questions. Let me express appreciation to the Department of Human Resources and the staff committees that have undertaken the tremendous task of updating the Employee Handbook. I also express appreciation to the Board of Supervisors for their support of our employees. They have provided excellent competitive benefits and given us great flexibility in how we do our work. This is our best Em lovee Handbook vet. It is an excellent document and we have done much to P make it more user friendly and employee oriented. You may read it in its printed form and you can find it on the HR Intranet site. We welcome your suggestions for improvements in our programs and policies. Feel free to contact the staff in Human Resources or contact me directly by phone or by e-mail. Sincerely, Elmer C. Hodge County Administrator • PURPOSE AND SCOPE OF HANDBOOK This handbook is a source of information about your employment with Roanoke County. If you need further assistance with the matters covered by it, please contact your supervisor, department 11zad director or the Department of Human Resources. The information in this handbook is drawn from relevant laws, regulations and policies. It vas prepared solely for informational purposes and ~~ ~^* ~ ^^^*~^^t ^~ °^~^'^~rm°^t does not create an express or implied contract. This handbook is not all-inclusive and is only a set of guidelines. The handbook supersedes any previous handbook or unwritten policy. Finally, the handbook does not guarantee employment for any definite period of time, and does not alter the "at-will" relationship between employer and employee. Should there be a conflict between any statement, fact or figure in this handbook and current official regulations and policies, the latter will take precedence. Employees, therefore, have the responsibility to keep informed of changes in County policy. The most current edition of the employee handbook will be located on the Human Resources Intranet site. f~ti3i~-liii~2~u-i~-E~.,-,~°.,t 1,,,.-,.1L,,,,~L ,:tl,;,, tl,°:,- ,a°,,.,.-t.,~°.,r rL,.,r ~ ,-,t~;,~,~ .,~~t°~ ~„~ .- ,,.-1 .,;l~l,l° r., t4,°;r ° .,l~,~r°°~ This handbook applies to all employees whose job descriptions and position classifications are established within the Classification Plan of the County. This includes all regular classified and unclassified employees, employees in the constitutional offices of the Treasurer, the Commissioner of Revenue, the Sheriff, the Commonwealth's Attorney, the Clerk of the Circuit Court and the Office of the Registrar. It does not include constitutional officers or the Registrar. In addition, the Chief Deputy in each of these offices is exempt from the portions of this handbook that relate to application, qualification, appointment, disciplining, dismissal and the grievance procedure. The Chief Deputy of each office is in a confidential policy making position. These positions shall remain subject to the express provisions of Section ~~ 15.2-1603 of the State Code. Regular part-time employees are defined as those employees whose normal work schedule is 24 - 32 hours aer week. The regular Dart-time emalovee is covered by all guidelines within the handbook except for the insurance, benefit, and time-off programs. aT~~rz~~3~v tL+.~ f_.-:,~.,.,.,,.° D,-6ir~~li-rE'.--dE'ScribcE~c-iir-~c~3i~FrE'r---~r~-;- 116'-v~''-rci--Pvftl()i ,•~ rl-,:.. 4„~.,,7bgE}J~gn~j_ip~._~ r~~~-mart-t~+~-~~i~~loy~~~. Seasonal, limited term and temporary (non "t"r"a~~nt"-tfYu~n~"d~ed) employees are excluded from all portions of this handbook. On February '-r~k°m 27, 2001 the information in this handbook became effective. It is subject to subsequent amendments that may be approved by the Roanoke County Qoard of Supervisors. • CONTENTS CHAPTER 1 -PUBLIC SERVICE IN ROANOKE COUNTY ................................................... 1 A. GOVERNMENT ..................................................................................................................1 B. EQUAL EMPLOYMENT OPPORTUNITY ................................................................................ I C. DEPARTMENT OF HUMAN RESOURCES ..............................................................................? CHAPTER ? -GETTING STARTED .........................................................................................3 A. APPLICATION PROCESS .....................................................................................................3 B. PHYSICAL STANDARDS "' C. OPERATION OF COUNTY-OWNED MOTOR VEHICLES ..........................................................4 D. AGE LIMITATIONS ............................................................................................................4 E. WORK AUTHORIZATION ...................................................................................................4 F. TYPES OF APPOINTMENTS .................................................................................................4 G. ORIENTATION .................................................................................................................. J H. PROBATIONARY PERIOD ................................................................................................... J I. WORK ROUTINE ...............................................................................................................6 CHAPTER 3 -YOUR JOB .............................................. ........................................................... 7 A. PERSONNEL FIL.ES ................................................. ...........................................................7 B. PERFORMANCE EVALUATIONS ............................... ........................................................... 7 C. EMPLOYEE CLASSIFICATION .................................. ........................................................... 8 D. PROMOTIONS ........................................................ ...........................................................8 E. DEMOTIONS .......................................................... ........................................................... 8 F. POSITION RECLASSIFICATION ................................ ...........................................................9 G. POSITION ESTABLISHMENT AND ABOL[SHMENT ...... ...........................................................9 H. OTHER CLASSIFICATION ADJUSTMENTS ................. ......................................................... 10 I. r ^~ REDUCTION IN FORCE (RIF) ..................... ......................................................... 10 1. Recalls .............................................................. .........................................................11 ?. Benefits ............................................................ .........................................................11 J. STANDBY AND ON-CALL ....................................... ......................................................... 1 1 1. Standbv ............................................................ .........................................................12 2. On-Call ............................................................ .........................................................12 K. TERMINATION OF SERVICE ..................................... .................................:....................... 12 L. CONTINUOUS SERVICE .......................................... ......................................................... 13 M. ANNIVERSARY DATES ........................................... ......................................................... 13 CHAP TER 4 -CONDUCT ............................................ ......................................................... 1 ~ A. CONDUCT STANDARDS ...................................................................................................14 B. COUNSEL[NG .................................................................................................................. 1 ~ C. DISCIPLINARY ACTION ................................................................................................... 14 1. Reprimands ...............................................................................................................1 a. Verbal Reprimands .................................................................................................... 1 ~ b. Written Reprimands ................................................................................................... 1 ~ 2. Suspensions ...............................................................................................................16 3. Demotions ................................................................................................................. 17 i ~ ,/ ~. Dismissals ........................................................................................................ ......... 17 D. E. OTHER SUSPENSIONS ............................................................................................. GRIEVANCE PROCEDURE ....................................................................................... ......... 18 ......... 18 F. REBUTTAL STATEMENT ......................................................................................... ......... 19 G. PROCEDURAL GUARANTEES .................................................................................. ......... 19 H. INVESTIGATIONS ................................................................................................... ......... I9 I. EMPLOYEE'S RIGHT TO NOTICE ............................................................................. .........20 J. HARASSMENT POLICY ........................................................................................... ......... 20 K. SEXUAL HARASSMENT ........................................................................................... ........ 2O 1. Definition ......................................................................................................... ~ ..........0 2. Statement of Action ........................................................................................... ........22 L. RETALIATION OR ACTS OF REPRISAL FOR FILING A GRIEVANCE ............................... ........ 22 1. Definition .......................................................................................................... ........ 23 2. Statement of Action ........................................................................................... ........23 CHAP TER 5 -GRIEVANCE PROCEDURE .................................................................... ........24 A. PURPOSE ................................................................................................................ ........24 B. COVERAGE OF PERSONNEL ..................................................................................... ........24 C. MANAGEMENT RIGHTS ........................................................................................... ........ 2J D. USING THE GRIEVANCE PROCEDURE ....................................................................... ........2J 1. Definitions ......................................................................................................... ........2~ 2. Grievable Complaints ........................................................................................ ........26 3. Non Grievable Complaints ................................................................................ ........26 E. EMPLOYEE RIGHTS AND REPRESENTATION ............................................................. ........27 F. DETERMINING AND APPEALING GR[EVABILITY ........................................................ ........27 G. POLICY .................................................................................................................. ........ 28 H. PROCEDURE ........................................................................................................... ........ 28 I. Informal Discussion with the Immediate Supervisor .......................................... ........28 2. Step I--Meeting with the Step I Official ............................................................. ........29 3. Step II--Meeting with the Top Level Official ..................................................... ........29 4. Step III--Meetingwith the Countv Administrator ............................................... ........30 ~. Step IV--Panel Hearin~: ...................................................................................... ........30 I. RULES AND GUIDELINES FOR CONDUCTING PANEL HEAR[NGS ................................. ........31 1. Rules ................................................................................................................. ........ 31 ~ Guidelines ......................................................................................................... ........32 3. Implementation and Other Matters ..................................................................... ........32 CHAP TER 6 -ADMINISTRATIVE POLICIES ............................................................... ........34 A. TRAVEL REIMBURSEMF.NT ..............................................................................................34 B. SAFETY ..........................................................................................................................34 C. USE OF COUNTY VEHICLES .............................................................................................3J D. SEVERE WEATHER POLICY ............................................................................................. 3J E. IMMEDIATE FAMILY MEMBERS W[THIN A DEPARTMENT(NEPO"1'ISM) ...............................36 F. SMOKING POLICY ...........................................................................................................36 G. DRUG FREE WORKING ENVIRONMEN"t ............................................................................36 ~I (`n~~rn r"r-co < <cr A Qrr-~ ins i D~~ ii-v ELECTRONIC MEDIA USAGE POLICY .....................37 CHAPTER 7 -YOUR PAY ....................................................................................................-IO ,~. CLASSIFICATION PLAN ................................................................................................... 40 B. C. RECORDING WORK HOURS ............................................................................................. PAYDAYS ....................................................................................................................... 40 40 D. DIRECT DEPOSIT ............................................................................................................ 40 E. DEDUCTIONS .................................................................................................................. 41 F. OVERTIME COMPENSATION ............................................................................................ 41 1. Overtime Compensation for Nonexempt Employees .................................................. 41 2. Exempt/Compensatory Overtime Compensation ........................................................ 42 3. Exempt/Discretionary Overtime Compensation ......................................................... 42 G. PERFORMANCE EVALUATION AiTrorrTw~`-ocncrc ............................................................ 43 H. ACTING STATUS COMPENSATION .................................................................................... 43 I. 2O YEAR SERVICE PAY ................................................................................................... 43 CHAP TER 8 -BENEFITS ...................................................................................................... 44 A. HEALTH AND DENTAL INSURANCE .................................................................................. 44 B. ............................................................................................................ LIFE INSURANCE 4~ - C. WORKER'S COMPENSATION ............................................................................................ 4J D. UNEMPLOYMENT COMPENSATION .................................................................................. 46 E. VIRGINIA RETIREMENT SYSTEM ..................................................................................... 46 F. SOCIAL SECURITY .......................................................................................................... 47 G. EMPLOYEE ASSISTANCE PROGRAM (EAP) ...................................................................... 47 t?" vii.rn Rc~rcct~r-c ............................................................................... 48 H. DEFERRED COMPENSATION ............................................................................................ 48 I. FLEXIBLE SPENDING ACCOUNTS ..................................................................................... 48 J. TUITION REIMBURSEMENT PROGRAM ............................................................................. 48 K. CREDIT UNION ............................................................................................................... SO L. RECOGNITION PROGRAMS .............................................................................................. SO M. EMPLOYEE ADVISORY COMMITTEE ................................................................................. SO N. CIRCLE SUGGESTION PROGRAM ...................................................................................... JO O. EXTRA MILE CLUB ......................................................................................................... ~ I CHAPTER 9 -LEAVES OF ABSENCE ................................................................................... ~? A. ANNUAL LEAVE ............................................................................................................. S2 1. Accumulation ........................................................................................................... ~2 2. Scheduling Annual Leave .......................................................................................... ~3 3. Annual Leave Upon Termination ...............................................................................53 4. Holidays Durin~~ Annual Leave ................................................................................. ~3 B. SICK LEAVE ...................................................................................................................53 1. Accumulation ............................................................................................................53 ?. Justification for Sick Leave Use ................................................................................. ~4 a. Personal I Ilness .......................................................................................................... ~4 b. Family Illness ............................................................................................................54 c. Maternity/Paternity ................................................................................................~4 d. Family Death ............................................................................................................. ~4 3. Verification and Notitication ..................................................................................... ~5 4. Extended Illness or Disability .........................................•..........................................5~ r~ • ~. Worker's Compensation Leave .................................................................................. ~6 6. Sick Leave Bonus ......................................................................................................>6 7. abuse of Sick Leave .................................................................................................. ~6 8. Sick Leave Bank ........................................................................................................56 C. MILITARY LEAVE ...........................................................................................................J7 1. Active Dutv ...............................................................................................................~7 2. Reserves .................................................................................................................... ~ 7 D. ABSENCES FOR MATERNITY AND PATERNITY ..................................................................J9 E. REQUIRED TRAIN(NG ...................................................................................................... 59 F. EDUCATIONAL LEAVE .................................................................................................... J9 G. CIVIL LEAVE .................................................................................................................. J9 H. BLOOD DONOR LEAVE ...................................................................................................60 I. FAMILY AND MEDICAL LEAVE ACT (FMLA) ..................................................................60 J. LEAVE WITHOUT PAY .................................................................................................... 61 K. HOLIDAY SCHEDULE ...................................................................................................... 61 CHAPTER 10- RESPONSIBILITIES .......................................................................................63 A. CONFLICT OF INTEREST .................................................................................................. 63 B. CONFIDENTIALITY OF RECORDS ...................................................................................... 63 C. GIFTS .............................................................................................................................63 D. SECONDARY EMPLOYMENT ............................................................................................64 E. POLITICAL ACT[V[TY ......................................................................................................6~ F. CONDUCT AND APPEARANCE .......................................................................................... 6~t G. PERSONAL USE OF COUNTY T[ME AND EQUIPMENT .........................................................6J H. SOLICITATION ................................................................................................................65 ROANOKE COUNTY EMPLOYEE HANDBOOK ACKI'~IOWLEDGEMENT .......................66 • CHAPTER 1 -PUBLIC SERVICE IN ROANOKE COUNTY A. Government The Code of Virginia and the Charter for the County of Roanoke establish the powers of the Roanoke County government. These powers are vested in a Board of Supervisors consisting of five members, one from each of the County's five magisterial districts. The qualified voters of the respective districts elect members of the Board of Supervisors for a term of four years. These terms are staggered. The County Administrator is ~ ~~~>> *;,,,A ^ff~»~ appointed by the Board of Supervisors and carries out the day to day operations of Roanoke County as directed by the Board. Specific responsibilities are set forth in the County Charter, in Board resolutions and on~oin~ Board instructions. In general, these duties include overall personnel, bud~etarv and operational functions and are carried out through Assistant County Administrators, Department Heads and staff The Administrator does not have authority over the County Attorney, Constitutional Officers who are elected, or school operations which falls under a separately elected School Board and Suf~p~erintenydent. , thb' d-ut3-e ~- ~H-t~J-P8~}t}er}, ~~~'.r lnriaao~ Crvt~}}~'g ~~ th~-~dr~}n}~trC~t}~ g tt~Al'~H-t-tt+~ ~ .7 ~ ~ e~earcl B. Equal Employment Opportunity }}atier~ -i~~--~1 nn~itir~~ ~ff~i~+~^n +~~~~~~~+ 1P+P + + .Equal Employment Opportunity has been, and will continue to be, a fundamental principle in the County of Roanoke, where employment is based upon personal capabilities and qualifications without discrimination because of race, color, religion, scr, age, national origin, disabilitt~ or any other protected characteristic as established by law This policy of Equal Employment Opportunity applies to all policies and procedures relating to recrwtment and hiring, compensation, benefits, termination and all other terms and conditions of employment. The Human Resources Department has overall responsibility for this policy. Employees' questions or concerns should be referred to the Human Resources Department. The County has voluntarily adopted an affirmative action plan to enhance its commitment to equal employment. The plan is available ;;, ~~~~~ ~~~>^~,.-*Y„ > + -,n~a in the Department of f-luman Resources. Employees are also protected against sexual harassment, which is any unwanted attention including advances, offers, proposals or suggestions of a sexual nature. Sexual harassment is described in more detail in Chapter ~, section K, "Sexual I-Iarassment". C Department of Human Resources The Board of Supervisors established the Department of Human Resources to administer and interpret the personnel policies in this handbook and to establish personnel rules and regulations to comply with these policies. The Department of Human Resources is also responsible for training employees, administering County benefits, recruiting for County positions, employee relations, and working with the constitutional officers in the appointment of chief deputies as provided in Section ~1~ 1~.2-1603 of the Code of Virginia. • • CHAPTER 2 -GET"PING STARTED .~. Application Process Applicants for employment or County employees interested in another position must complete an Application for Employment or Internal Application form, available in the Department of Human Resources, on Roanoke County's Internet and Intranet sites and in all County libraries. Applications are only accepted for posted positions. Positions are posted for a minimum of five working days unless otherwise authorized by Human Resources. Job postings can be found in the Department of Human Resources, on Roanoke County's Internet/Intranet site and tele hone .Job Line. ~thA~t;ni+~y • tPFj ~LUrh1SL~~tr}ontl~S the l~€~p° *urrr~r=~zrr-c^~-f u ~ ~ ml-cxa-iziirR o°-~~ Apfte(^~r~, the posting deadline, applications pm` y~ I _ _..,/ V ._ y G'TTR:-]2ts. ~-~CiQZ[ `i1~d ~}p~t-s-are referred to the appropriate department or office for interviewing and selection. ~pef~--reEeivin~ the hiring--d~.6iy'ien, thy-n°".,.-tm°nt ,~ r_r n ~m"~°*°" *`'° `""'°s "r^"°°° ~"'' eti-fos Applicants who w~ are not selected fe~tl~ . peen are notified after the hiring decision has been made Employment applications remain actil~e, or held on file, for six months. ~~ t~~,rrtt~ A^ extended active period may apply ~~i€-s to certain public safety positions. If an applicant wishes to apply for another posted position during the active period. he or she may use the active application by contacting the Department of Human Resources. If an applicant wishes to be considered for a position after the six-month active period, another application must be completed. I3. Physical Standards To be considered for a position, an applicant must be able to perform the essential functions of the job with or without reasonable accommodation. Depending on the identified County position and after the conditional job offer, the applicant rnav be required to pass a medical examination or test completed by aCounty-chosen physician. The County will pay for the cost of any required medical examination or test. A medical examination may also he required periodically throughout employment for positions where physical standards must be maintained. • -, C. Operation ofCounty-Owned Motor Vehicles Applicants for positions requiring the operation of a County-owned motor vehicle must possess a valid Virginia driver's license (including a Commercial Driver's License, if necessary) at the time of employment. They may be asked to show the required license(s) and submit a copy of their Division of Nlotor Vehicles driving record. Employees who are required to drive a County vehicle must successfully complete a defensive driving course, as required by their supervisor, within the probationary period. D. Age Limitations Sixteen is the minimum age for non-hazardous regular fx-rl-t-i~ employment. Age twenty-one is the minimum age for public safety employment. There is no maximum age for employment. E. Work Authorization The Immigration Reform and Control Act makes it illegal for employers to employ anyone who is not authorized to work in the United States. All new employees must provide two ~^^11»,Prts that a~~documentation that is identified on the 1-9 form (Employment Eligibility I/erification form) to establish their identity and authorization to work in the United States. fit--tie e€ thg 1-~fer>-~--~r~ust-b~--w~l-P~«-~,--~-C~ ~,~ Failure to provide the required documents within three days of employment will result m immediate dismissal. A copy of the employee's social security card is required by the Payroll Department to verify information for Social Security purposes. F. Types of Appointments County employees may receive a regular full-time, temporary, or part-time appointment to a position. Regular frill-time appointments are made to positions specified by the Classification Plan. These positions usually have no fixed duration of service and appointees are eligible to receive all employee benefits. Part-time appointments are made to positions 11whe/re the work'l hours are between' 24 and 32 hours per week. er h-ss. "f1-~w 7YP »(1} P~1lY 111~P Fl~Y (111»}[/ Y1P»P~ }C n~}~ IIR~ }Yl b ) J .~. . Temporary appointments are positions where the employee is hired for a specific time frame, normally r~-}ae~~-fer no more than six months. Both temporary and part-time employees are paid on an hourly basis and are not eligible for County benefits. P-Fie _ , w-}t#l3E>ld-t ~ ~ ''urcii--cii~m-a-ric~ vrt ' ` ~ ri-a l~settrtes: G. Orientation The Department of Human Resources conducts new employee orientations regularly. a-r~ ~~r~'~~*~~- Employees will be notified by their supervisor of their scheduled orientation session. Each department is also responsible for providing the new employee with an on-the-job orientation. This will include the employee's work environment, responsibilities, work schedule, safety requirements and application ofdepartmental policies. H. Probationarv Period The work and conduct of a new employee during the first six months of employment are considered a working test period, or probationary period. During this time an employee must demonstrate the ability to perform essential job functions and suitability as a County employee. An employee may be dismissed at any time during the probationary period with no right of appeal, except where discrimination is claimed. Employees with charges of discrimination have the right of appeal through the grievance procedure described in Chapter V. Auer successfully completing the probationary period, the-~eba~io~aa~y ale-yee ~~~ ^^ ~^~' r' nt~~,-emplovment will continue on an at-will basis. P-reba ~ Durin;; this probationary period, it is recommended that the new employee be evaluated by their supervisor three months and six months after the employment date or as determined by departmental needs. This evaluation is intended to give both the employee and the supervisor the opportunity to discuss their working relationship and make improvements, if necessary. per-ic~#. During this evaluation, the apprepriate supervisor has the option to transfer the probationary employee to regular employment, to extend the probationary period or to dismiss the probationary employee. With the approval of the Director of Human Resources, the apprepriat~supervisor may extend the probationary period for as much as six additional months. The probationary period may be extended where the employee's ability to meet essential job functions is questionable or where the duties of the job require additional training. Some County departments may establish other schedules for probationary periods as their departmental needs mandate. k~eft-p~at ienar-;~ • .. .~ rye-[~}e~t-l~s~rr ' *~cl'ic--ci nii i--c-ralt k'~t~ •, •~vn--~ T c~'~5--13t'f6~ €-ti n `~~riecl The probationary employee accnies both annual leave and sick leave, which may b e used after it has accrued. Chapter IX, '`Leaves of Absence," describes sick leave and annual leave usage. Wnrk R(111t1T1P .r ,;ii t,o .;r, J ~, -Y' ~,;ii r, ~, Because Roanoke County relies heavily upon its emplovees, it is important that emplovees attend work as scheduled. Dependability, attendance, punctuality, and ~ commitment to do the fob right are essential at all times As such, employees are effected at work on all scheduled workdays and during all scheduled work hours and to report to work on time Moreover, an employee must notify his/her supervisor as far m advance as possible (or an amount of time established by departmental policy) if he/she expects to be late or absent ~t i~ ~P ~~p-Ies,~ The appropriate supervisor will provide the employee with a daily schedule. The supervisor or management may alter work hours during the workday, or may increase or decrease the normal work hours or work schedule. Tkre-sg ~=han~~ ~h. >> ~+_hA „~o,a +„ ~' .Regular full-time employees work a X10-hour week. However, as defined by the Fair Labor Standards Act, Roanoke County places employees whose primary duty is law enforcement or fire protection on an extended 28-day work period. Your supervisor will inform you as to whether or not your position is considered law enforcement or fire protection. Depending on the nature of their work, employees may be allowed to alter their work hours or lunch schedule with approval from the appropriate supervisor. Offices that serve the public, however, must remain open and staffed from 8:00 a.m. until x:00 p.m. Monday through Friday. While there are no designated times for employee breaks, individuals may need a rest period or brief break during the day. Break periods may not exceed 15 minutes in the morning and 15 minutes in the afternoon. They must not conflict with ongoing work in the office or work area and, therefore, must be scheduled so that offices are open and staffed from 8:00 a. m. until 5:00 p.m. The employee must notify the appropriate supervisor before taking a break Breaks shall not be used to arrive at work late, leave work early or to extend the lunch period. An employee may be required to work overtime. The guidelines found in Chapter V[I, '`Your Pay," describe overtime compensation. • C CHAPTER 3 -YOUR ,JOB :~. Personnel Files The Department of Human Resources maintains a personnel file for each Countv employee. Employee records are maintained in accordance with the retention schedule established by the Commonwealth of Virginia State Library for local government records. This file is the official record of all employment with Roanoke County. Files contain personal data, benefit records, ,performance evaluations, disciplinary actions, training records and other pertinent information. ~=hg ~~++n~y r~t~ins rI,P~P +1~PC ~+ --~~ ~ r` ~ vith the "`"' ~ In keeping v Privacy Act, personnel tiles are available for inspection only by the employee and the employee's supervisor or other authorized supervisor. An employee may review his or her file by contacting the Department of Human Resources for an appointment. A Department of Human Resources representative must be present during a review of a personnel file. Any changes of address, name, telephone number, number of dependents or other information should be reported to the Department of Human Resources so that personnel records and insurance benefits may be kept up-to-date. ~'~~t~~~t I~A~VgV~r, tl~gV ~rP rPcgccrrcd-~6~ALVp L~Y~tl}-tllg ~~pc~FtI~C'-H-t-^v~ urrr'Rrzrcrrt 1r1 J u B. Performance Evaluations Written performance evaluations a~ will be conducted at least once a year for regular full-time employees, as well as temporary and regular part-time employees, and may also be conducted at other intervals determined by the supervisor. These evaluations do not replace day-to-day performance discussions between the employee and the employee's supervisor. They should instead help the employee set goals, determine dimensions related to those goals, and establish job specific examples that meet those goals. By doing this, the employee will be able to identify his or her job performance level, growth level and developmental needs. Por+-~-~err"~,i~,~~-~~~rtr«~*z~r,-ois_~h~,E~i~az~,__. ;Tip ;_t~ 68~p1€t~'~--~A~-t~LT~-~eri}r~r ~~~~aic_~.i~~c~ Pn~nlny PAc Probationary employees are evaluated during the third month of employment and again i0 days before completing the probationary period. A1-I-etl~r Employees are normally evaluated annually on or about their anniversary date or other dates as defined by the department.~I~i~;n~,-~-~at;;in6 11 t;,,n tt,P P , i F ~~ ,• q Y b - ' -Pry t' ~ b ~t~ r~'vct-arc ~ -; ~r....~ i is i c,~c vv a~ The County expects all employees to deliver efficient, quality services to all Countv 7 residents. Anv non-probationary employee who receives an unsatistactorv performance evaluation will be-reevaluated-}n--t#r~ m;;~ntl}s in accordance with a plan of ~iction by the appropriate supervisor. Anv employee who receives two or more unsatistactorv annual performance evaluations, not necessarily consecutive, within athree-year period may be subject to dismissal. As outlined in Chapter IV, '`Conduct," this does not preclude an earlier dismissal. C. Employee Classification Roanoke County has established a personnel classification plan that is maintained by the Department of Human Resources. Similar positions with like duties and responsibilities are placed in the same job classification and are assigned a pay grade. The Department of Human Resources maintains a description of duties and qualifications for each job classification. - }r@6tRr of I-Ir}}}}~}l l~r~-Se}~F6gS, ,~ hn 'll thA., ro.,'~A-Siti~rl end d~t€rrlllr}g--lt~~ ~}u-s~b~a~r~v~d fa'.~`-tl}g Ca>~nt3~~ `~1~}istra~er. It is the responsibility of each department director to review job descriptions for significant changes in job duties, and subm><t requests for changes in classification to the Job Evaluation Team (JET) Recommendations from .JET must be approved by the County .administrator. D. Promotions A promotion is the selection of an employee from a job in one salary grade for a position in a higher salary grade. To be considered for a promotion, an employee must meet the requirements and qualifications specified in the job description..fob vacancies are posted as described in Chapter II, "Getting Started." Whenever possible, current Roanoke County employees who meet minimum qualifications should be given preference in hiring. ~ - ~ ~ °°~>Tti~. When an employee is promoted into a new position, that employee will serve up to a sir-month transitional review period or a period of time determined by departmental needs. During this time, the promoted employee must demonstrate the ability to perform the essential job functions and suitability for the position The department will do what they can through training and development to ensure successful transition to the new lob. E. Demotions Demotions may be based on performance when the employee has displayed an inability to meet job requirements or to perform the assigned tasks of the position. The employee may be assigned to a position in a lower salary grade, if a position is available and the employee can perform the tasks of the new position. A voluntary demotion may occur if an employee requests and is granted reassignment in a lower salary grade. All demotions must be approved by the appropriate department h~l director, constitutional officer or 8 other County official after review and concurrence by the Director of Human Resources. The salary of a demoted employee may be set at any oint withi ~T p n the range established for the new position. If the demoted employee's current salary is above the maximum rate established for the new position, the employee's salary will be reduced. The new salary will be based upon the recommendation of the department 1}e-ad director, constitutional officer or other official, and approved by the Director of Human Resources. F. Position Reclassification The County may make changes in the classification system and adjust an employee's salary if essential job functions increase or decrease to the extent that a different classification is appropriate. The County may make minor changes in the job description or title without affecting the position classification. Department l~€rads directors may request a position reclassification at any time. The request must be submitted through the r~Ap~rtmAnt n+ u ,mo '~P=z«a~~-s Job Evaluation Team and must be approved by the County Administrator. A position reclassification may occur in an existing position because of ~l significant increases or decreases in essential job functions and responsibilities. n+~-a b . Where a position reclassification results from gl•ad~}al changes in essential job functions and responsibilities and the incumbent fills the reclassified position, the County's application process does not apply. ~ nn~~*~^^ =,;II ~-~~ >,A r~F~~Cl'Lf1~.L~ if thPra '~ A m,nn n),onnAC t~ l-, ~ ~• 1 The employee whose position is reclassified upward vri~~r• l" ,~t' 7hn=rP t~-,A rACAnt nl y rl n(rw grade ~~ft~bi-te-~ ' p Marv of the ~ ~P~-,- ° Irs-=~r~}~~-- may receive an appropriate increase in salary according to the Roanoke County Pay Phclosophy, which includes maintenance of market competitiveness and the County's ability and/or willingness to pay. The salary for an employee whose position is reclassified downward may remain the same. However, if the employee's present salary is left above the maximum salary of the new, lower grade, the employee will not be eligible to receive merit or performance-based salary increases. T~,P ~~ I r~7 ~^ ~ligil~l~te ree~ive any ~,alars~-i-tt~~~=~- ~;•.4,n to - tl r,,,,,nt., nloy~es, nJ •~ ~ ~,~~}~ Frl6~a-c~c ~rP npt~haS~E~--E~II m@rkt 9r~~rf9rfllanE~-r~~ ^r~ra~~~--;rrtl,~~,-r «r ~~-~,~tr t-Ilc`~t }~~.~ tl,~ amnln±.~~,'c c I~ },.I,...• the n~a.zrrrcrrrr- ] y,"~ '~ "~"(~~~ ~~ r _ ° ~ , v , m ~ m , ~€--e- l~p-l--ir48 L-! lEt-{~C-Tpa }V ~tttt~--tH r r nA f rm n ~n }, cn~ •_ _--o- ri• rno~l, c~ `t 1.~~` ,v~c~'oS-ttn-t~r'i-laic `sir lirr.~ c~c-r=c:rtt~:l'T-{}~-~L(~c}~~cr~ R cirit-f irttt~ lf3 w~-graEl~ G. Position Establishment and Abolishment The County may establish or abolish positions in the Classification Plan according to its needs. If a new position is established, it will be posted and applications for employment will be accepted according to the County's application process. If a position Is abolished, 9 the employee(s) in the position is treated accordin~~ to the Cuuntv~s (~t~t' reduction in force procedure described in section I of this chapter. I1. Other Classitcation Adjustments The County may make changes at any time in the classification system and adjust employees' salaries based on periodic market place conditions or ~vag~--and salary surveys. Adjustments may occur within identified groups, classes of positions or system- wide. The reassignment of a position or positions at any time in the Classification Plan as a result of periodic marketplace or "„~-a^~ salary surveys is wholly separate from the reclassification process. The County Administrator defines the method by which positions are reassigned and employees' salaries are adjusted. ~:a-vaff Reduction In Force (RIF) ~"t-ttEr von~r~rr;n t ii~;t~ t~A rl;rent ~_~~~_I ~~m~~_o~~t~•`~c th~r~.i~~~~r t ~ .-1 L ~~'--rL'cn^nc;h;l;ryi r^ '~-~Ant;Fy~ rhr~ ~A ort ~~~i~l~ ~t;^izvr'r~`~~TCi-cit-VIteEYYH--~ aft°~ '^ ~ ~°`,'^ff si-tua~ert: The need may arise f~o~`r' Ja"reduction in the workforce of Roanoke County. The following reduction in force procedure will be followed. Temporary and part-time positions will be eliminated before any reduction in full-time regular positions. Employees in full-time regular positions will then be laid off in reverse order of seniority for that department. The Director of Human Resources will notify in writing any employee affected by a ~ RIF. Before bein~l placed on I~yeff RIF status, an employee will be given an alternate position of the same pay grade and job class in another department, provided a position is available at that time and the employee can perform the essential job functions for the position. Anv employee who declines, in writing, such a position will be di-s~l separated from County employment and will loose his or her recall rights. If a position in the same grade and .job class is not available, the employee will be offered an alternate position in another pay grade and job class, provided a position is available at that time and the employee can perform the essential job functions. The employee's salary will remain the same if it is within the salary range for the alternate position. "I'he salary will be reduced to the maximum salary in the alternate pay grade if the previous salary was above the range for the alternate position. Any employee who declines, in writing, an alternate position in another pay grade and job class will not lose their recall rights. (f nu other placements arc available. the employee will be placed on ~~ R[F status. "Chic policy is not applicable to temporary work force reductions. Employees on lay~t~ RIF status will be given preferential consideration (or vacancies in other County departments and job classifications. To receive preferential consideration, the employee must apply for current open positions within six months of the RIF event and n~st~ oe+~pl~t~~}eb-int ' r~II-pe~+tir~~f=int~;rE-~~anEl must meet the 10 position qualifications as determined by the appropriate department h~ director, constitutional officer, or other County official and the Director of Htlman Resources. RPr~lic As vacancies occur in their department, employees will be given recall opportunities in order of their seniority with the County. Ties in seniority will be resolved by considering documented job performance history. The recall period will not exceed ?^-,-m~nh~ 6 months. Recalled employees will resume their former pay rate when recalled within ?--;-rmnoI~I~ 6 months. Employees who have accepted another position within County government will be entitled to recall on the same basis as employees on l~yeff RIF status. ?. Benefits Certain employee benefits will continue for those on la3~e€f RIF stattTS. The employee on RIF status will not accumulate annual or sick leave since he or she will not be receiving pay. l.m If an employee is on RIF status for less than tcvo pay periods, he/she will have the option to be paid for accumulated annual leave or to keep the balance as a credit. Sick leave and comp time will remain as a credit. During this type of l~~ RIF status, the emplovee must continue to pay the employee's premium for health and/or denntal insurance/ coverages) to continue. r+ 7h PYrl t1~llyIPP rPCI C ~ CtVI CCP~ 1'1'1 lP h l~ ~{ stags he er she wilt bg-paid-~-f7e~-7tl~P~~:~~~~fanc-ref anntl•al--le-av~-~I sick [C"Cr C-CIJ C[ SCI ? I ~P~]t IP ~c lTncrrTfiod Tn-Chapter 1 Y, •cb~a~t~s Bf Yb J~nE~~.,' If an employee is kept on RIF status for more than two nay ncriods. the emplovee will be paid for any of the unused balance of annual leave, comp time and sick leave as a lump sum payment. The sick leave will be paid ~is described in the Sick Leave Bonus section. This employee will be offered the option of continued health and/or dental insurance coverage through COBRA. Virginia Retirement System benefits will cease. ~p~~,,~,~z--;n 1 ~ . •!, +'f ~• t ~ r, , ' 11 t ~ , , 1 ~ r .,1 ' i~-1r-1~&i=t;-Si}l+~-f7c"-v r--JrT'r~~ me c^c'c~-'r~-iirCLq,~-1~. ~li+~i_nrt ~~J~~~f ctnt c tG-, 4~ ~ll~ylpn rvl„ct J tl~p f~rrl r~~H~iz-.r-find the ~'eu.7~[~'1"~-ce~ri tf}--anEi/~r--d~~ta~-i-ustlrane~~~'=Ts~~}~~~1~e'-~;-t~> ~'Afl-t{fTi,n T4 1r,~~T r.Ff Fig E tlTan t~y9~3aV--~}~'r-}9f~S;-cTT~<;-I~T(31(?y€f=l~tF~t--~3iTV-t~-~ €rrTyley~~=~T,l}aro of tkT~~r~~ ~l~~re-T~ErT~~~ste-r~T--fide-i-n~+rarT~=g-fE~~rag~te e-et~intt~ .1. Standby and On-Call Some County departments have a need for essential work to he performed outside regularly scheduled hours. Employees who are required to perform this work are placed on either stundhy or on-call status and are called back to work if necessary. w 1. Standby .Stanclbv is a preplanned status where employees are required to be available for specified periods of time to perform essential work outside regularly scheduled hours and are paid. Employees on standby status are not restricted in the use of personal time, but must be available for call back when contacted by beeper, radio, telephone or other prearranged means. Those on standby are eligible to receive the standby pay rate approved by the Board of Supervisors in the County budget adopted annually. Employees on standby status who do not respond when called for work may be subject to disciplinary action. Standby status must be requested by the appropriate department head director, submitted to the Department of Human Resources for recommendation and approved by the County Administrator or the Administrator's designee. 2. On-Call On-call is a status designated in the job description or by the supervisor that subjects the employee to being called back to work outside regularly scheduled hours. Employees do not receive any type of compensation for on-call status. However, call back for employees on-call is normally not as frequent as for those on standby status. Once called back to work, either by standby status or on-call status, nonexempt employees are paid for all time worked. Exempt/compensatory employees who are called back to work receive compensatory time. (See Chapter VII, section E, "Overtime Compensation," for information on nonexempt and exempt/compensatory status as well as compensation for overtime.) K. Termination of Service Those terminating their employment with the County are required to give a minimum of two-weeks written notice to the appropriate supervisor a~~~e.e~y-~f-~F~~--,-~~i~~-~e-t~ D}r"~rz~=~ ~n u^~^ n .This notice enables the supervisor to make arrangements for a replacement and provides for work continuity. The employee should also contact the Department of Human Resources to schedule an wit- i~t€Fwi~u appointment for the exit rP OCeSS• By mutual consent, the supervisor and the terminating employee may waive or modify the two-weeks written notice. Employees leaving County service must return all County property in their possession to the appropriate department. "Phis includes items such as manuals, identification cards, books, badges, keys, uniforms and tools. The employee will not receive payment for accumulated annual or sick leave until all County property is returned and any debt to the r~ County is settled. Tl~rspr~;tat+v~-fr-e~~~partrr+c,~kl~,}1Zc;se+.~es-~,i1-1--apse 12 make--prc~visiens~r--~~ailin ~ ~~' ~' ferr~s l~a~~ r~~bu~.,~-mgt and otl~~r wltal , n ~ni n } rrTT-cvri c~ccivi: The Department of Human Resources conducts exit interviews with al-1 regular full-time employees leaving County service. The purpose of the interview is to gather information that may help reduce turnover, improve working conditions and increase efficiency. The representative from the Department of Human Resources will also make provisions for mailing W-2 forms, leave reimbursement and other vital information. Thy e-n~Ie~e--g }-~P;nrT ;ntPrl ~; P<1)P!1 c~,n„~~ ~n Cll'Pr ~~i n„P t;nnc frPP~< n~ inn PCt~ .Exit interview results -~ are kept confidential and nrP YP<1•P ,a ~ ~. *,, n;rP,.tn ~- u J ~ a t ~nnnty L~~m,n,ctr~tnr L. Continuous Service If an employee should terminate in food standing and return to County employment within 30 days of the date of termination, the employee will retain seniority and shall be liven credit for previous service for the purposes of accruing annual leave and sick leave. Individuals wishing to return to their previous positions with the County should complete an Application for Employment form described in Chapter II, section a, "Application Process". NI. Anniversary Dates If employed in a regular position on or after October 1, 1986, the anniversary date is the date of employment and will not change. For persons employed before October 1, 1986 the anniversary date is the date already in effect on October 1, 1986 and that date also will not change. ,4--regular Ernpley~~ is ~ligib~€ fe~an ~~Tlr~a~l--r,~fer:n~n,~-~:~rlu,~+;~n ,n Y ~,n, t ttiP o n n ,arrrzr~c°T~ 11 II 1 }~ (~ ~ /P~]Y, tY,P Pm n~n+IPP 1C P11 /TI Y1~P TnY n t n ,llY 1'lllllt,_t~' ll ,',1`~r~arT-d~C'C: ~JL-VfI _ ~ LL~J~V~ICTC"[c~L~YTT~~R[S I[[I • 13 CHAPTER ~ -CONDUCT A. Conduct Standards Upon accepting a position with the County, employees are expected to apply themselves efficiently to their assigned duties, to be timely and regular in attendance and to maintain satisfactory work performance. Failure to meet these standards will normally result in disciplinary action. It is not possible to list every conceivable form of misconduct. Therefore, the conduct standards listed in this chapter are illustrative. Other forms of misconduct or nonperformance not listed here will be treated consistently within the guidelines described in this chapter. Although the County attempts to offer corrective action whenever possible, immediate dismissal may result where employee behavior undermines public confidence in the County's mission or from situations where the County believes corrective action is inappropriate. The Coamry does not intend for this handbook to alter the at-will nature of its relationship with employees. To the contrary, this handbook provides employees with a general understanding of what can be expected from a violation of certain policies and/or procedures. B. Counseling Counseling is intended to be an informal discussion between supervisor and employee relating to work performance or behavior problems which, if not corrected, could lead to disciplinary action. It is not, however, a prerequisite for taking disciplinary action. Through the counseling session, the employee, the immediate supervisor and/or other appropriate supervisor should determine how the employee can improve his or her performance or correct behavior problems. C. Disciplinary Action Disciplinary action will normally fall into one of tour categories: reprimands, suspensions, demotions or dismissals. The employee's supervisor issues disciplinary action based on the conduct violation or unsatisfactory job performance. To explain the consequences of misconduct and to maintain uniform standards of discipline throughout the County, illustrative examples are given for each form of disciplinary action. Reprimands There are two types of reprimands, verbal and written. Reprimands are normally issued for violations that include but are not limited to the following: 14 • unsatisfactory attendance • abuse of sick leave (see Chapter IX, section B, "Sick Leave") • abuse of County time, such as unauthorized time away from the work area or the use of County time to perform personal work • offensive language • conviction of a traffic violation while using a County vehicle • failure to abide by the established safety belt policy • failure to abide by the established smoking policy • unsatisfactory job performance • unauthorized use of computers, software or data, or unauthorized disclosure of access methods or passwords when data has not been modified. a. Verbal Reprimands Before receiving a verbal reprimand, the employee will be allowed to provide an explanation for misconduct or poor job performance. If a reprimand is still to be issued, the supervisor must then advise the employee that a verbal reprimand is being issued and discuss with the employee the unacceptable conduct, including a recommendation for correcting the behavior. The employee will also be advised that any further misconduct ~fi-1-1--~rabab~ could result in a written reprimand. Depending upon the seriousness, nature, and type of misconduct, other disciplinary action may be issued instead. Supervisors and employees are encouraged to keep an informal record of any verbal reprimand or counseling sessions that may take place since these are not formally documented in the employee's personnel tile. b. Written Reprimands Misconduct that takes place within ?4 months of a verbal reprimand will normally result in the employee receiving a written reprimand. Before receiving a written reprimand, the employee will be allowed to provide an explanation for misconduct or poor job performance. If a reprimand is still to be issued, the supervisor must than advise thc~ empl~wee that a tivritten reprimand will he issued indicating the nature of the misconduct (i.e. "unsatisfactory attendance"). A copy of the written reprimand is given to the employee, the supervisor retains a copy and a copy is placed in the employee's personnel file. Written reprimands remain active for 24 months; during this time they can be considered by management as grounds for further disciplinary action. At the end of the active period, written reprimands become inuclive,- they are removed Isom the employee's personnel file and retained only for archival purposes by the Department of Human Resources. If a copy of the written reprimand is maintained in the 1~ employee's department, it shall be destroved when it becomes inactive. ~e . • , . i-tt€->}-r~-primands Iaintained l~~e r~o„~,~n,A t f u n ~c~; - ~~r~s~>o F.,III,.i•o tli4> •Arnnr.,,.-, c , > I ct l.l' 1 - •• ~ •, • • •~ ~i c-tcrrrcrvrc--s c cd ~ c c c o cRC7Yt~ttEt b~--~I}g ~~xnrr~~nti~,~~lth 4 V~ n,n» ?. Suspensions Suspensions are normally issued for more serious violations, which include but not limited to the following: • failure to follow a supervisor's instructions or to perform assigned work • failure to abide by safety regulations • failure to abide by established County and/or departmental policies • reporting to work or working under the influence of alcohol or illegal substances (some departments may have a separate policy, with approval by the Department of Human Resources) • leaving the workplace without permission during working hours • unexcused absences • unauthorized use or misuse of County property or records • sleeping during working hours • receipt of a second active written reprimand. Suspensions are normally issued for no more than flue working days without pay, as specified by the supervisor. Qefore receiving a suspension, the employee will be allowed to provide an explanation for misconduct or poor job performance. If a suspension is still to be issued, the supervisor must then udvtse the empl~~yee that cr suspension will he issued indicating the nature of the misconduct (i.e. "failure to follow a supervisor's instructions"). A copy of the written suspension notice is given to the employee, the supervisor retains a copy and a copy is placed in the employee's personnel file. Suspension notices remain active for 36 months. At the end of the active period, suspensions become inactive. Thev are removed from the employee's personnel the and retained only for archival purposes by the Department of Human Resources. If a copy of the suspension notice is maintained in the employee's, {department, it shall be destroyed when it becomes inactive. rAtr nt:n ,°,c'.:e l~ ~6--t8 ~i_1~~~~~~-~~i8f~n~i~cc'Tri-iiYrn F~nnil {-,v th ~ r~l ~~~r~~„{.' ~am° ;-R~~soE~rs~s fe!!ews the r~t~ti-erg--sefic--El+~!o ~.~!ish~d b,~t~tt ~[}~ ~}~~ItCC o l t h n f V; r, ; n; Depending upon the circumstances and severity of the offense and pendint; investigation period, a suspension without pay may be issued for b~twE~n~rte--, f ~~g-eft up to 30 calendar davs with the approval of the Director of I luman Resources. • 16 3. Demotions A demotion may be based on performance if the employee has displayed an inability to meet essential job functions. The employee may be assigned to a position in a lower salary grade, provided the employee can perform the essential job functions and a position is available. Refer to Chapter III, section E, '`Demotions,'' for further information. ~. Dismissals Dismissals normally occur for violations that include but are not limited to the following: • deliberate disregard for a specific order or directive • absence for two consecutive working days without notifying the appropriate supervisor • use of alcohol while on the job • use, possession or sale of unlawfully possessed controlled substances while on the job • willfully falsifying or damaging County records or property • theft, unauthorized removal or unauthorized disclosure of County records, information or property • gambling while at the worksite • willfully violating safety rules where there is a threat to life or health • participating in a work slowdown, sit-down or strike • unauthorized use or unauthorized possession of firearms, dangerous weapons or e~cplosives • threatening or harassing other employees or a member of the public • accepting or offering bribes • criminal conviction for conduct occurring on or off the worksite that is d~r€~tl-y related to job performance or could disc-tlv affect _ public confidence in the employees ability to perform County business • the second active suspension notice or the third active written reprimand • any act that is physically or verhalh~ threatening, or any action that may carry the potential to harm or endanger the safety of others, to result in an act of a~;~ression or to destroy or damage ro er The appropriate supervisor will notify the employee verbally or in writing that a dismissal notice is being issued (see section I, "Employee's Right to Notice" in this chapter). A copy of the dismissal notice is given to the employee, the supervisor retains a copy and a copy is placed in the employee's personnel file. 17 4 Dismissals may also be issued when the employee does not meet erformance or P conduct standards or the conditions of employment for the position. This may include: unsatisfactory job performance documented by two unsatisfactorv annual performance evaluations in a three-vear period, failure to maintain valid licenses or other necessary job qualifications and inability to perform essential job functions. D. Other Suspensions An employee may be suspended without pay during an investigation of alleged misconduct led by appropriate County officials. Further, any employee who is arrested for or charged with committing a felony, a crime of moral turpitude (crimes contrary to justice, honesty or good morals), or any offense that could directly affect public confidence in the employee's ability to perform County business will normally be suspended without pay. During suspension without pay, if the employee wishes to continue insurance coverage he or she must pay the employees share of the premium(s). The County will continue to pay the employer's share of the premium(s). (Contact the p^,rr^n nf~;„A Department of Human Resources for more information on premium payments.) If the County investigation clears the employee of all alleged misconduct, the employee will be reinstated without loss of any benefits, pay or County service time. Where warranted, the County may impose disciplinary action, including dismissal, upon completion of the investigation of alleged misconduct. Before any suspension discussed in this section goes into effect, the emphwec~ will he notified verbally or in writing of the reasons for the suspension (see section I, '`Employee's Right to Notice,'' in this chapter). The employee will also be allowed to offer an explanation why the suspension should be with pay. After consulting with the Department of Human Resources in exceptional circumstances, a constitutional officer, department h~l director, or other appropriate County official may approve a suspension with pay for an emplovee who is the subject of an investigation. The use of this procedure shall not limit the disciplinary action that may be taken against the employee as a result of the outcome of the investigation. E. Grievance Procedure Non-probationary full-time employees and regular part-time employees are entitled to use the County Grievance Procedure for any matters relating to these conduct policies. Probationary employees are not entitled to use the Grievance Procedure unless they allege discrimination based on race, color, religion, age, sex, political affiliation, disability, veteran status or national origin. (See chapter V, "Grievance Procedure," for more 18 information.l F. Rebuttal Statement The employee may place a statement in his or her personnel file explaining situations that led to a disciplinary notice. This statement does not take the place of the informal discussion step in the Grievance Procedure (see Chapter V, ``Grievance Procedure"). G. Procedural Guarantees Employees who serve in the Police Department in a sworn law enforcement capacity, firefighters and emergency medical technicians are eligible for certain procedural guarantees provided by the Code of Virginia. For the Police Department, the procedural guarantees apply to any sworn officer, other than the Chief of Police, who "in his official capacity, is authorized by law to make arrests and who is anon-probationary member'' of the Police Department. These procedural guarantees provide an alternative to the Countv Grievance Procedure and can be found in Chapter 10.1 of Title 2.1 of the Code of Virginia Sections 2.1-116.1 through 116.9. For the Fire and Rescue Department, these procedural guarantees apply whenever an officer, a firefighter or an emergency medical technician is subjected to an interrogation that could lead to dismissal, demotion, suspension or transfer for punitive reasons. These procedural guarantees can be found in Chapter 10.1:1 of Title 2.1 of the Code of Virginia, 190, as amended, Sections?. 1-116.9:1 through ?.1-116.9:x. H. Investigations The County may conduct investigations and/or tests, including drug and alcohol testing, as part of its investigation of unacceptable conduct. These investigations and/or tests will follow accepted administrative policies and current laws. After consulting with the Department of Human Resources and the Office of the County Attorney, the appropriate department h~ director, constitutional officer or higher County official may recommend an investigation and/or testing. All departmental policies and guidelines on drug and alcohol testing must be reviewed by the County Attorney and Director of Human Resources, and are then approved by the Countv Administrator. These policies and procedures should include provisions regulating selection of employees for testing, custody of test samples, qualifications of testing facilities, opportunities for second tests, security and communication of test results, and the range of consequences or alternatives for positive test results. They will also designate the methods that will be used to inform all departmental employees of the provisions. Any 19 r drug or alcohol testing conducted on a random basis or to comply with federal or State mandates, including those required for holders of a Commercial Driver's License (CDL), shall be performed followin~~ those approved policies and guidelines. Employee's Right to Notice Before any dismissal, demotion, transfer instead of dismissal, suspension or receipt of a written reprimand, the employee shall be given verbal or written notice of the offense by the appropriate supervisor, department l~€aEl director, constitutional officer or other County official. Further, the employee shall have the right to offer an explanation and/or contest the decision. The supervisor should consult with the department director and/or Department of Human Resources before issuing ana; of th€,~-a6ti-ens suspensions and terminations. J. Harassment Policy Roanoke County is committed to a work environment in which all individuals are treated with respect and dimity. Each emplovee has the right to work in a professional atmosphere that promotes equal employment opportunities •ind prohibits discriminatory practices, including harassment based on race, color, religion, ale, sex, national origin, disability, status as a veteran or any other protected status. Therefore, Roanoke County expects that all relationships amon;; persons in the workplace will be business-like and free of bias, prejudice and harassment. Offensive or harassing behavior will not be tolerated a ainst any employee. Supervisory or managerial personnel are responsible for taking proper action to end such behavior in their workplace. K. Sexual Harassment The County has an obligation to maintain a place of employment that is free of harassing, abusive or disruptive conduct. ~exRar-harassment is a vielatien of Title Ull e+~.-rh~~-i1 Rights t4et of ln6~l, as-e-nde-~, Sexual harassment constitutes discrimination, is illegal under federal and state laws and county policy, and will not be tolerated. The County is committed to taking positive corrective action where the need arises. T~efinitinn Sexual harassment is unwanted sexual attention of a persistent or offensive nature made by a person who knows, or reasonably should know, that such attention is unwanted. Sexual harassment includes sexually oriented conduct that is sufficiently pervasive or severe to unreasonably interfere with an 20 employee's _job performance or create an intimidating, hostile, or offensive working environment. This may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different ender. While sexual harassment encompasses a wide range of conduct, some examples of specifically prohibited conduct include: ~.~int hornccmAnt mov irirlnrtA hilt ~o nit I;w,:t~,a f,. fL.~ } 11 J • sexual .jokes and innuendo • sexual commentary about an individual's body, sexual prowess or sexual deficiencies • display or circulation in the workplace of sexually su~aestive objects or pictures (including through a-mail) • insulting or obscene comments or gestures • verbal harassment or abuse • on oin ,subtle pressure for sexual activity • ~innAnnccn.rtr r.,.,,~t,;„~. „R,;,,~t „~**;„~~i~--engaging in sexually suggestive physical contact or touching another emplovee in a way that is unwelcome. a making sexual or romantic advances toward an emplovee ~ind persisting despite the employee's rejection of the advances • requesting sexual favors accompanied by implied or overt threats concerning an individual's employment status or promise of preferential treatment for an individual's employment status • actions or activities--even though frivolously intended--that express employment preferences motivated by sexually oriented concerns • the promotion or condoning of a hostile, sexually harassing em~ironment. Sex-based harassment, that is, harassment not involving sexual activity or language (e.g., male manager yells only at female employees and not males) may also constitute discrimination if it is severe or pervasive and directed at employees because of their sex. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when any of the following occur: • submission to such conduct is made either directly or indirectly a term or condition of employment • submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual • such conduct has a purpose or effect of substantially interfering with an individual's work performance or of creating an intimidating, hostile or offensive work environment. • 21 ~'. Statement of Action Individuals who experience sexual harassment must notify the violator directly or indirectly that such behavior is offensive and if repeated will be reported to the appropriate supervisor. ~A ~~+~~~ ,,., ,.I,.•_ ~a hrn ht ~ +~. +~ .' ~• ~~ COUF~tV e1=~T6~a-I~;-i~61uEI ~ to nraoran cnr ~~r n}~n•o~ a ~~~ ,1' • I -IPOI nth Ana nt nf•cr~ nod Ho cc - -t •l. T` i iT-i~rrrrriccrr~ccr~crt-ctvarTr-c c }aurnma ~aar~rt+~lt"~~et~~'y}r~b tfif ~}~~~te'~-AT 1=Ir}t~~an-R°~~~,. The County strongly urges the reporting of all incidents of discrimination, harassment or retalratron, regardless of the offender's identity or position Individuals who believe they have experienced conduct that they believe is contrary to Roanoke County's Sexual Harassment Policy or who have concerns about such matters should file their complaints with their immediate supervisor, the Drrector of Human Resources or any member of the Human Resources Department before the conduct becomes severe or pervasive Individuals should not feel obligated to file their complaints with their immediate supervrsor first before bringing the matter to the attention of one of the other County designated representatives identified above Violation or misapplication of this policy may result in disciplinary action, including dismissal. The County's commitment to eliminating sexual harassment from the work place should not be viewed as an opportunity for employees to intentionally make unfounded, frivolous or vindictive actions that violate the intent of this policy. The availability of this complaint procedure does not preclude individuals who believe they are being subjected to harassing conduct from promptly advising the offender that his or her behavior is unwelcome and requesting that it be discontinued In dealing with complaints of sexual harassment, the County will follow due process and the rights of all parties will be protected. All formal complaints of sexual harassment shall be investigated following the formal investigative procedures developed or approved by the Director of Human Resources. The S~xucrl Hcrrcrs•.5•rnent Investigcrl[vc~ Proccclure is on file in the Department of Human Resources. L. Retaliation or Acts of Reprisal for Filing a Grievance Roanoke County prohibits retaliation against any individual who reports d~scr~mrnatron or harassment or participates in an investigation of such reports. Retalration against an individual for reporting harassment or discrimination or for partrcipat~ng rn an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be sub_~ect to disc~plrnarv action. Non-probationary full-time employees and regular part-time employees are eligible to file grievances, following the provisions and exclusions described in Chapter V. Thy--Cetm~y ~~ u i:.rri-i"'rvi-i ~ ~ ~ ~ ~nc~i cmrrnl~y~U,~c i ~i ~ f~l '~ ~lEb'- Those who believe they have been retaliated against for tiling a grievance may use the Grievance Procedure described in Chapter V or may choose to follow the policy described below. T~etinitinn Retaliation or acts of reprisal for filing a grievance may include but are not limited to: disciplinary action, demotion, suspension, dismissal or other adverse job action taken against an employee who files a grievance. Retaliation or acts of reprisal may also include harassment, unfavorable work conditions or work assignments that are not directly related to essential County business, and implied or overt threats concerning an individual's employment status. 2. Statement of Action The employee must report any retaliation or reprisal to the appropriate supervisor, the County Attorney, the Director of Human Resources, or the County Administrator. The appropriate supervisor or official must immediately deal with any known act of retaliation or reprisal against an employee for filing a grievance. Violation or misapplication of this policy may result in disciplinary action, including dismissal. The County's commitment to eliminate workplace retaliation or acts of reprisal for filing a grievance should not be viewed as an opportunity for employees to intentionally make unfounded, frivolous or vindictive actions that violate the intent of this policy. In dealing with complaints of retaliation or acts of reprisal for tiling a grievance, the County ~~~ill observe due process and the rights of all parties will be protected. ~; CHAPTER ~ -GRIEVANCE PROCEDURE A. Purpose Generally, the majority of employee/employer problems can be settled to the satisfaction of both through informal discussion between the employee and the supervisor. If not, the Griei~ance Procedure described in section H of this chapter, may be used. This procedure provides an immediate and fair method for the resolution of disputes and complaints that arise out of the employee/employer relationship. The purpose of this procedure is as follows: • To provide employees a method for having complaints considered rapidly, fairly and without fear of reprisal • To encourage employees to express themselves about work conditions that affect them as employees • To assure employees that personnel actions will follow fair and uniform policies and procedures • To develop in supervisors a greater sense of responsibility in dealing with employees. Any supervisor or other management official who makes a reprisal against an employee for filing a grievance may be subject to strict disciplinary action, including demotion and dismissal. B. Coverage of Personnel The following personnel may use the Grievance Procedure: • non-probationary, full-time Roanoke County Department of Social Services employees • non-probationary, full-time employees of constitutional officers who have chosen to have their offices participate in the County's grievance procedure • all other non-probationary, full-time employees • part-time employees who have worked for the County at feast six consecutive months. The following County employees are not allowed to use the Grievance Procedure: • Board-appointed officers • elected officers • the County Administrator • the County Attorney • chief deputies of constitutional officers ~4 • chief financial officer • assistant county administrators • department lie-a~~ directors • probationary employees, temporary, limited term and seasonal employees • law enforcement officers who choose to file a grievance under the statutory grievance procedure for law enforcement personnel. Probationary, temporary, limited term and seasonal employees may file a grievance if the complaint involves a charge of discrimination. Assistant county administrators and department l directors may file grievances regarding disciplinary actions limited to dismissals. The County Administrator will determine which positions are exempt from coverage under this procedure and will maintain an up-to-date list of all exempt positions. C. Management Rights The County has management rights, or the authority to arrange its human and material resources in order to provide efficient and effective services to County residents. Nothing in the Grievance Procedure is intended to restrict or change the following management rights, so long as they are not exercised in an arbitrary and/or capricious manner: • To direct the work of employees as well as establish and revise wages, salaries, position classifications and general employee benefits • To hire, promote, transfer, assign and retain or dismiss employees • To maintain the efficiency of County governmental operations • To relieve employees from duties in emergencies • To determine the methods, means and personnel to accomplish operations. D. Using the Grievance Procedure l~efinitinnc A grievance is a complaint or dispute by an employee relating to his or her employment; a grievant is an employee who tiles a grievance. An employee has the right to use the Grievance Procedure for any matter he or she believes needs to be formally addressed. However, the County Administrator will determine grievubility, or whether an employees complaint will be resolved using the Grievance Procedure. If the County Administrator determines that the complaint is not grievable, the employee may appeal the decision to the Roanoke County Circuit Court. The employee also has the option to request administrative review of the complaint outside the Grievance Procedure. Grievability and appeal are discussed in section F of this chapter. • ?5 ?. Grievable Complaints FollowinU the Code of Virginia the ~ v - d ~ Cc.unt, has d~stm~uished circumstances where a complaint will generally be determined grievable and situations where it will not. Complaints or disputes related but not limited to the following will generally be found grievable: • disciplinary actions involving dismissal, demotion, suspension or written reprimand • dismissals resulting from discipline or unsatisfactory job performance • concerns regarding the proper application of personnel policies and regulations • complaints of discrimination on the basis of race, color, religion, age, sex, political affiliation, handicap or disability, veteran status, or national origin • any complaint alleging any action that would be prohibited by Title II of the Americans with Disabilities Act. An employee will typically be allowed to use the Grievance Procedure for complaints or disputes related to retaliation or acts of reprisal associated with the following: • using the Grievance Procedure or participating in the grievance of another County employee • compliance with any United States law or Virginia law • reporting any violation of United States law or Virginia law to a governmental authority • seeking to change United States or Virginia law before the Congress of the United States or the Virginia General Assembly. 3. Non Grievable Complaints Complaints or disputes related but not limited to the following will generally be decided as not grievable: • management rights described in section C of this chapter • content of ordinances, statutes, or established policies or regulations • establishment or revision of wages, salaries, position classifications or reclassifications, or general benefits • failure to be promoted except where the employee can show that established policies were not followed or applied fairly • work activity accepted by the employee as a condition of employmenC or work activity which may be reasonably expected to be part of the job content • measurement and assessment of work activity through performance evaluation, except where the employee can show that the performance evaluation was arbitrary or capricious 26 • dismissal demotion or layoff because of lack of work, reduction in work force, or job abolition, except where the action affects an employee who has been reinstated within the previous six months as the result of the tinal determination of a grievance. For grievances brought under this last exception, the County~s action will be upheld once it shows that a valid business reason existed for the action and that the employee was notified of the reason in writing before the effective date of the action. E. Employee Rights and Representation The grievant shall be permitted to be accompanied by or represented by an individual of his or her own choice at the Step III meeting and the Step IV panel hearing. The grievant is responsible for anv expenses related to representation. By mutual agreement, the grievant and the County may extend the time periods established in the steps of the Grievance Procedure, unless those time periods are designated by law. F. Determining and Appealing Grievability Whether or not a matter is grievable may be raised at any time during the Grievance Procedure zmtil the Step IV panel hearing begins. Once raised, the issue must be resolved before any further proceedings on the grievance: The issue of grievcrhility shall he resolved before the panel hearing convenes, otherwise it shall he consiclerecl waived. At the request of either management or the grievant, the County Administrator will decide whether or not a matter is grievable. The Determination of Grievability firm (Form A) must be used to make the request and the decision shall be made within 10 calendar days of its receipt. The County Administrator will notify the grievant of the decision through the Determination of Grievability form. The grievant may appeal the decision by signing the "~lotice of Appeal" on the form and returning it to the County Administrator within 1 Q calendar days of the Administrator's decision. A copy of the form asking for appeal must be given to the Department of Human Resources. Thc~ ~~~rievcrnt must also file a motion with the 2ocrnoke County Circuit Court Clerk. The County Administrator will then have ~ 10 calendar days to transmit the following materials to the Clerk of the Court: a copy of the County Administrator's decision, a copy of the notice of appeal and any exhibits. A list of anv exhibits or evidence given to the court shall be given to the grievant at the same time. If the County Administrator fails to transmit the materials within the time allowed, the grievant' s rights shall not be compromised. The Court, on a motion filed by the grievant, may issue a writ of certiorari, which would require the County Administrator to transmit the records to the ~~ Clerk on or before a specified date. The Court may aftirm the County Administrators decision or may reverse or modify the decision. The decision of the Court is final and is not appealable. G. Policy Both the grievant and the County must obey, or comply with the substantial procedural requirements of the Grievance Procedure. If one party does not comply, the other party must send a written notice of the violation to the other. A copy of the notification must also be sent to the County Administrator. The violator must correct the violation within five working days of receiving the written notice. Otherwise, a decision will be made in favor of the other party. The County Administrator or the Administrator's designee shall make the final determination on all compliance issues. Decisions made by the County Administrator or the designee may be appealed by filing a petition with the Clerk of the Circuit Court within 30 days of the compliance determination. H. Procedure Grievances beyond the informal discussion step shall be documented in writing on forms . supplied by the Department of Human Resources. During Steps I, II and III, both the grievant and the County may call upon appropriate witnesses. At least 24 hours in advance, the ~rtevant and the appropriate County representative shall make a reasonable effort to notify one another of all witnesses expected to appear at their meeting. Either party has the right to have any witness excluded during the meeting when that witness is not actually testifying. The resolution of complaints or disputes through the Grievance Procedure shall proceed in the following manner. Informal Discussion with the Immediate Supervisor An employee with a complaint shall first discuss the problem directly with his or her immediate supervisor. The complaint does not need to be in writing at this point. The employee has 30 calendar days from the time the event occurred that created the complaint to initiate the informal discussion with the immediate supervisor. The immediate supervisor shall give the employee a verbal response within ~ 10 calendar days following their discussion. If the problem is not resolved through informal discussion, the employee has the right to pursue the grievance through the procedure outlined below. • ~g ?. Step I--Meeting with the Step [Official If the informal discussion does not resolve the employee's complaint, the employee may tale a written grievance with his or her department lie-act director on the Grievance form (form B). The form must be tiled within 10 calendar days following the end of the informal discussion procedure and it must specify the employee's expected resolution to the complaint. A Step I official shall submit a copy of the Grievance form to the Director of Human Resources as soon as it is received. For most departments, the department h~ director is the Step I official. The Chief of Police, Chief of Fire and Rescue, and the Sheriff may designate in writing another appropriate official at the rank of Captain or above to be the Step I official for addressing grievances originating in their departments. The Step I official shall call a meeting to gather information about the grievance within ~ 10 calendar days of receiving the Grievance form. The grievant and Step I official are the only persons vvho may be present at this meeting. Either party may call witnesses during the meeting to present facts and evidence related to the grievance. The Step I official shall give a written response to the grievant within te-n 10 calendar days following the Step I meeting, and a copy of the response shall be given to the Director of Human Resources. 3. Step II--Meeting with the Top Level Official If the Step I written response does not resolve the grievance, the grievant may indicate his or her disapproval on the Grievance form and resubmit the form within te-n 10 calendar days to the appropriate assistant county administrator or other top level management official. These persons serve as the Step II top level official. Should the next level of supervision for a department be the County Administrator, the grievance shall proceed directly to Step III. For Police, Fire and Rescue, and Sheriff s Department employees, Step II grievances will be addressed by the Chief of Police, Chief of Fire and Rescue, or the Sheriff respectively, if these officials have not already addressed thc~;rievance. The top level official shall call a meeting to gather information about the grievance within t~ 10 calendar days of receiving the Grievance form. The «rievant and the top level official are the only persons who may be present at this meeting. Either party may call witnesses during the meeting to present facts and evidence related to the grievance. The top level official shall give a written response to the grievant within ~n 10 calendar days following the Step II meeting, and a copy of the response shall be given to the Director of I-Inman Resources. • ?9 ~. Step III--<Vleeting with the Countv Administrator If the Step II written response does not resolve the grievance, the grievant may again indicate his or her disapproval on the Grievance form and resubmit the form to the County Administrator within ~ 10 calendar days of the Step II reply. The County Administrator shall call a meeting to gather information about the grievance within t~ 10 calendar days of receiving the Grievance form. At the agreement of both parties, the County Administrator may designate an assistant county administrator to address the grievance, if an assistant county administrator has not already served as the Step II top level official. At the Step III meeting, the grievant may have a representative present. If the grievant is represented by legal counsel, the County may likewise be represented by counsel. Either party may call witnesses during this meeting to present facts and evidence related to the grievance. The County Administrator shall give a written reply to the grievant within te-n 10 calendar days following the Step III meeting, and a copy of the reply shall be given to the Director of Human Resources. ~. Step IV--Panel Hearing If the Step III written response does not resolve the grievance, the grievant may request a panel hearing. The request for the Step IV panel hearing shall be submitted in writing to the County Administrator on the Panel Hearing form (Form C) within ~ 10 calendar days from receiving the Step III decision. The County Administrator shall immediately submit a copy of the panel-hearing request to the Director of Human Resources. The County Administrator or the Administrator's designee shall arrange a hearing and forward copies of the grievance to the panel members. The panel is appointed by the Board of Super<~isors and consists of three regular members and twe four alternate members. All are appointed for three-vear terms. The panel selects a chairperson at the beginning of each grievance panel hearing. "I'o insure impartiality. the following persons will be disqualified and will not serve on the panel: • individuals who arc directly involved with the grievance or with the circumstance that caused the grievance • an attornev who is directly involved with the grievance, or a partner, associate, employee or co-employee of such an attornev • a spouse, parent, child, descendants of a child, sibling, niece, nephew or first cousin of any participant in the grievance • a parent, child, descendants of a child, sibling, niece, nephew or firsC cousin of the spouse of any participant in the grievance. 30 An alternate panel member shall serve for am' member disqualified from the grievance hearing. The panel shall hear the appeal within t~-n 10 calendar davs from receiving the case or as soon as a panel can reasonably be assembled. Rules and Guidelines for Conducting Panel Hearings Rules The following rules govern each panel conducting Step IV appeals. a. The panel has the responsibility to rule on the interpretation and application of the County's personnel policies, rules and regulations. It is not authorized to create policies or procedures, or to change existing policies or procedures. b. At the request of either party that the hearing be private, the panel shall determine whether persons who do not have an interest in the hearing may be present. c. Before the Step IV hearing begins, the County shall simultaneously give copies of the grievance record, including any documents, to the panel members and the grievant. The County shall give the grievant and his or her attorney access to view and/or copy all relevant files that will be used in the Step IV hearing. They shall be given access to these tiles at least te-n 10 days prior to the hearing. d. Both parties shall be given full and equal opportunity to present their evidence. The panel chairperson shall have the authority to determine the admissibility of evidence, without regard to the burden of proof, and the order of presentation of evidence. The panel may receive as evidence exhibits offered by the grievant or the County, and these shall be marked and made part of the record. e. The hearing is not intended to be conducted like a court proceeding and the formal court rules of evidence do not necessarily apply. All evidence shall be presented in the presence of the full panel and both parties, unless both parties mutually agree otherwise. f. At least ~ ~_ davs in advance of the hearing, the parties will exchange copies of all documents and exhibits that will be introduced at the hearing and a list of expected witnesses. g. The panel's decision on the appeal shall be made by majority vote. It shall be final so long as the decision is within the panel's authority. "f he decision will be subject to existing County policies, procedures and ordinances and any applicable laws. J 31 h. No later than ~ 10 calendar days after the Step IV hearing is complete, the chairperson shall file the panel's decision using the Panel Hearing f arm with the Countv Administrator. The County Administrator shall promptly send copies of the decision to the grievant, the top level official and the Director of Human Resources. 2. Guidelines The following guidelines may be used by the panel to conduct the hearing. a. At the beginning of the hearing, the panel may ask for statements from the Grievant and the County or their representatives that clarify the issues related to the grievance. b. The County or its representative shall then present claims and proofs, and witnesses who shall submit to questions or other examinations. This process will then be repeated by the grievant. At its discretion, the panel may vary this procedure but must give both parties full and equal opportunity to present anv material, relevant proofs or witnesses. c. Both parties may offer evidence and may be required by the panel to provide additional evidence necessary to understand the dispute and make a determination. d. The chairperson shall determine if both parties have completed their presentations by asking the grievant and the County if any further proofs or witnesses are to be heard. When both parties state that they have no further proofs or witnesses, the chairperson shall declare the panel hearing closed. e. Before the panel's decision is filed with the County Administrator, the hearing may be reopened by a panel motion or an application from either party. The application must give good reasons why the hearing should be reopened. f. Any or all of the time periods established in the hearing procedure may be extended by the panel chairperson or by the mutual agreement of the grievant and the County. 3. Implementation and Other ivlatters a. Once the panel has concluded the hearing and reached a decision, the Countv Administrator shall implement the panel's remedy to the extent that it is consistent with State and federal laws, and County policies. b. If either the grievant or the County believes the panel's decision is not consistent with State and federal laws, and County policies, the party in disagreement shall inform the panel and the other party within ~ 10 calendar 32 days of receiving t11e decision. Either party may petition the Circuit Court tur an order requiring the County Administrator to implement the panel's decision. c. The question of whether a panel decision is consistent with County policies shall be determined by the County Administrator or the Administrator's designee. The decision shall be made by the Roanoke County Commonwealth's Attorney if the County Administrator or the designee is directly involved with the grievance. d. The grievant must assume any costs for legal representation or for preparing his or her case. • • -, CHAPTER 6 - ADMIMSTRATIVE POLICIES :~. Travel Reimbursement Employees required to travel for County business will be reimbursed for work-related travel expenses. All travel is subject to prior approval by the appropriate supervisor. Reimbursement will only be approved after submitting all eligible travel expenditure receipts. Ineligible expenses include but are not limited to the following: purchasing alcoholic beverages, personal recreation-related expenses, and in-room hotel "pay-for- view" movies. Employees who use their personal vehicle for County business are also eligible to receive mileage reimbursement. Reimbursement is paid at the current per-mile amount. For further information, refer to the County Travel Policy on file in the Department of Finance~n~th€ DgPa-rye-n-~-e+ u D or on the Department of Finance Intranet site. B. Safety Safet}~ on the job is crucial. It is the responsibility of all County employees to observe the safety rules established for their positions. Department directors and supervisors shall be held responsible for providing the training of employees in the proper use of any required machmerv, equipment, tools and personal protective equipment and in documentm~ such training. Employees ~~;-ill be expected to participate in and complete training as trrain€;-d to the proper use of any required machinery, equipment ur tools. They will also be trained and expected to use the proper personal protective equipment that is required for their job. Employees who use a County vehicle a~ shall be expected to follow the established County and State safety procedures and traffic laws.:~ny questions that any employee may have about these safety procedures or laws should he promptly addressed to the employee's supervisor Failure to follow established safety rules or improper use of protective equipment, will be considered a violation of conduct standards and appropriate disciplinary action will follow. An employee who finds any apparent defect in County equipment must report it to the appropriate supervisor as soon as possible, preferably before beginning the shift. Any accident involving County equipment must also be reported immediately to the appropriate supervisor regardless of the cause. • 34 C. Use of County Vehicles Employees are responsible for the proper care and maintenance of County-owned vehicles used in their work. Those who will operate County vehicles must at all times possess a valid Virginia driver's license and must have and maintain a satisfactory driving record. In addition, employees who will be driving vehicles larb~r *.~:a:: w ri„~;ur }pCtClS2C meeting„ DOT requirements must possess the appropriate Commercial Driver's License (CDL). Employees holding a CDL will be subject to drub/alcohol testing as required under the federal Omnibus Transportation Employee Testing Act of 1991 which is further discussed in section G, "Drub Free Working Environment" in this cha ter. The County requires a current 13i~isier~ Department of Motor Vehicles DMV record from new employees and at the time any employee is transferred, promoted or reassigned to a position that requires driving a County vehicle. The revocation or suspension of an employee's driver's license or any driving restrictions must be reported to the appropriate supervisor. The existence of a revocation, suspension or driving restriction, or the failure to promptly notify the supervisor of its existence, a~ may be sufficient grounds for demotion or dismissal. Established County and State safety procedures must be followed while using County vehicles. Vehicles may be assigned to an employee either on a take home basis from a pool of vehicles or on a task basis. County vehicles are not for personal use e~ccept for commuting to work when authorized. Use of Police Department and Sheriff's Department vehicles is s~a~ governed by the Take Home Vehicle Policy of those departments. If an employee is involved in an accident with aCounty-owned vehicle, the appropriate supervisor must be notified of the accident immediately. tr'+h, nrn a~...:_..~~.. +-- ~~~ , An investigation of all accidents must be conducted by law enforcement personnel. A Vehicle Accident form must also be completed and submitted to the Risk Manager within ?4 hours of the accident or by the next workday. The County Vehicle Accident Review Committee and Risk Manager review all accidents. Employees involved in an accident while driving their personal vehicles on County business must notify the appropriate supervisor. D. Severe Weather Poli Employees are responsible for reporting to work on time. When weather conditions do cause transportation or reporting to work problems, the employee must contact the appropriate supervisor. If the supervisor decides the employee is not required to report to work, the supervisor may let the employee take annual leave or compensatory time (if eligible) as appropriate. An employee who fails to make a reasonable effort to get authorization for an absence may be subject to discipline. 35 In extreme weather conditions, County offices that do not provide emergency services may be closed by the County Administrator. When this occurs, employees will be notified through their supervisor or the local media. Those who must report to work in severe weather during authorized closings will be compensated. Non-exempt employees will receive payment at their regular hourly rate for all hours worked in addition to their regular salary. Exempt personnel will receive compensatory time, if eligible, for all hours worked in addition to their regular salary. Employees who are not required to report to work during authorized closings will not be penalized. E. Immediate Family Members within a Department (Nepotism) It is the policy of the County not to place immediate family members in a supervisor- subordinate relationship within the same department. This includes regular full-time, part- time, probationary, seasonal and temporary employees. The immediate family includes: spouse, children, brothers, sisters, parents and grandparents of the employee and the spouse. F. Smoking Policy Smoking is prohibited in County-owned (including leased space) buildings and facilities, except in designated areas, and in all County owned vehicles. The County is concerned about the health and welfare of its employees and is responsible for providing a work environment that does not present a health or safety hazard to employees or County citizens. Employees who violate the Smoking Policy could be subject to a reprimand. See your supervisor if you have any questions. Tr„° :° ^" n~tohl;chPrl ~`n`~ntti nl;~<, that ic~ .. .. ~_. .,.~.,...,...,.. ~ ~ , r~.~~, ~n ~i~A in t~P nor~rtm t ~ u D ~Pnr ~ta~ ~•in~~tinnc .v~ t~i~ nn~inc~ c~.v i.~li{ r.,__..,~ ..„.,....,..., Y~~~ ~AO~ to mnrn CP~lPrP ~icni n~in~r~~ nntinn ....~ ..~ ...... .. ..... ... .. .....~ .r..a uv~ivu- l hn raim~i~rca~ to ~n app^rn v axxxn nt Al€aS~ r€Ier to the Srnel4}ng Po~~c~--rrr-*c c- nAn~rtm not nf~u~imNn ~P,cio cur nve.~i {nr mn P ~nfnrm nt~n G. Drug Free Working Environment The County of Roanoke is committed to providing adrug-free working environment for all employees. The unlawful manufacture, distribution, dispensing, possession or use of alcohol or a controlled substance by an employee is prohibited in the workplace and is cause for immediate dismissal. No employee shall distribute, dispense, possess, use or be under the influence of any alcoholic beverage or other intoxicating leers substances. The County is mandated to perform drub/alcohol testing for employees covered under the Omnibus Transportation Employee Testing Act of 1991, specifically those 36 employees who are required to have a commercial driver's license (CDL) ~md who perform safety-sensrtrve functions for Roanoke County Requirements include pre employment, random, reasonable cause, return to duty and follow-up tests (following a positive test result). Employees who must be tested will be provided written information on testing requirements and an opportunity to ask questions at the time of employment. The Office of Risk Management has the responsibility for all drug/alcohol testing of CDL holders Employees taking prescription drugs issued by a licensed physician or over-the-counter drugs are responsible for knowing how the drugs will affect his/her job performance, reporting the use of such substances to his/her supervisor, and obtaining Roanoke County's authorization to use such drugs while working. Please consult your supervisor if you have any questions or concerns about the County's policy on drugs or alcohol in the workplace The County intends to fully comply with the requirements of the Drug-Free Workplace Act, the Drug-Free Schools and Community Act and the Omnibus Transportation Employee Testing Act of 1991. Questions on drug/alcohol testing for CDL holders should be directed to your supervisor and the Office of Risk ylanagement The Department of Human Resources will provide technical assistance in this area upon request, This policy is intended to cover all employees of the County if it is determined that "reasonable cause" exists for drug/alcohol testing, and it is necessary to ascertain an employee's fitness for duty. The Coun has c ty ontracted with an Employee Assistance Program to provide confidential assistance to employees and their families who suffer from a wide variety of problems. (See Chapter S, section G, "Employee Assistance Program") You are encouraged to contact the EAP counselor if you are e~cperiencing problems with alcohol or drug abuse. All conversations with the counselor will be held strictly confidential unless you request otherwise. H (-'nmri„tAr Tic Pr C nnr~t D 1~~~ Electronic Media Usage POII This policy governs the use of a-mail, the Internet/Intrrnet, telephones, and any other electronic device provided by the County and used by an employee in the furtherance of County business. It is the responsibility of the department director to ensure compliance with the policy. Employees are responsible for the proper use of ~eT~p~Tt~r electronic equipment, software, data, log-on IDs, and passwords. Log-on IDs and passwords assigned to individual employees are to be held strictly confidential and are not to be divulged to other employees nor to individuals not in the employ of the County unless specifically directed by a supervisor Unauthorized access and use of computers, software and data is strictly prohibited. S-p ~ ry • --. _. 37 When using the Internet or fax machines, employees are directed not to send materials of a sensitive nature or which constitute the confidential information of Roanoke County unless the information is appropriately encrypted to prevent access or interception by unauthorized third parties Emplovees are expected to treat all electronic and verbal communications, particularly of a confidential nature, the same as written materials. Employees who use these communication systems for sending any message that damages the County's reputation or competitive advantage may he subject to appropriate disciplinary action, up to and inctudin~ dismissal All electronic communication systems and all communications and stored information transmitted, received, or contained in the County's information svstems are the property of the County and as such are to be used solely for job-related purposes. One should not expect that any communications made through the County system are private. The County retains the right and maintains the obligation as the owner of computer, software, and data to access, review, and use such for County business and to father information as deemed necessary to conduct investigations or to assist in legal investigations of individuals or incidents at any time and without prior notice. Use of County telephone, voice mail, and computer systems constitutes acceptance of such monitoring. Roanoke County policies against sexual or other harassment apply fully to the email, computer, Internet/Intranet, and voice mail svstems, and any violation of those policies is grounds for discipline up to and including discharge Therefore, no messages should be created, sent, or received if they contain intimidating, hostile, or offensive material concerning race, color, religion, sex, ale, national origin, disability or any other classification protected by law. Roanoke County is not responsible for material viewed or downloaded by users from the Internet. The Internet is a worldwide network of computers that contains millions of pales of information. Users are cautioned that many of these pages include offensive, sexually explicit and inappropriate material In general, it is difficult to avoid at least some contact with this material while usin the Internet Users accessing the Internet do so at their own risk. Emplovees may not use the County's Internet connection to download dames or other entertainment software, or to play dames over the Internet Also, employees arc responsible for complying with copyright law and applicable licenses that may apply • 38 to sofhvare, files, graphics, documents, messages and other material available to download or copy. • • 39 CHAPTER 7 -YOUR PAY A. Classification Plan The pay of all regular County employees is established by The Classification and Pav Plan which is approved annually by the Board of Supervisors. The Department of Human Resources is responsible for developing and maintaining a uniform plan. Pay ranges, or grades, are assigned for every classified position in the Plan. Every grade consists of minimum and maximum pay rates for a position. ~~*~~~ or, ~~ „-,A t '~ rotA ~~r too r~r~citi~n J B. Recording Work Hours Personnel covered by this handbook must accurately record all work hours and leave time on an approved time sheet or time card. The standard workweek for payroll purposes begins on Saturday at 12:01 a.m. and ends on Friday at 12:00 midnight. Time sheets or cards must be submitted to the appropriate supervisor after the biweekly pay period is complete (see next section). The appropriate supervisor verities and approves hours worked and departmental time records are forwarded to the Payroll Office. C. Paydays Employees are paid biweekly. Paydays occur on alternate Fridays throughout the year. If a payday falls on a holiday, employees are paid the workday before the holiday. D. Direct Deposit The County provides electronic funds transfer into your bank or credit union account. All new full-time employees are required to participate in direct deposit Regular part-time employ: ees who work on a weekly basis may also participate in the direct deposit if they choose. • X10 L. Deductions The amount of salary earned and the amount of salary received will differ. This is a result of pay deductions. Some deductions are required by law and others are made at the employee's request. State and federal income taxes and Social Security deductions are required by law. Other legal deductions could include garnishments, tax liens and other wage assignments. These payments are deducted from each employee's salary according to federal and State rates. All other deductions are voluntary and made at the employee's request. These may include health insurance, savings bonds, credit union payments, united Way contributions, deferred compensation and ~ Roanoke County ~„P~A., pr~rtr~m Flexible Spending Accounts. F. Overtime Compensation Each job class is given the status of either nonexempt or exempt, and exempt job classes are further separated into exempt/compensatory and exempt/discretionary. The job class status is used to determine overtime compensation. To be considered exempt, an employee's job duties must fit into either an executive, administrative or professional category by the Fair Labor Standards Act. Those employees whose job duties do not fall into these categories are classified as nonexempt. Your supervisor will inform you of your status when you are hired. 1. Overtime Compensation for Nonexempt Employees Overtime compensation will begin for all hours actually worked over ~0 during the established workweek (Saturday 12:01 a.m. through Friday 12:00 midnight). The County provides overtime compensation in the form of time and one-half the nonexempt employee's hourly pay rate. Sick leave, annual leave and holiday hours are not considered actual work hours for the purposes of calculating overtime. Management may reschedule employees during the work period so that no more than the normally scheduled hours are worked. As defined by the Fair Labor Standards Act, Roanoke County places employees whose primary duty is law enforcement or hre protection on an extended work period. The extended work period is 28 days and the County provides overtime compensation a=«r ac-taall,: :vorl~i^rt~r?-1-h~r~ ~n *hA ~Q ~+~~~ r ^~, in accordance with FLSA guidelines. Compensation is at time and one-half the employee's hourly rate. Sick leave, annual leave, and holiday hours are not considered actual work hours for the purposes of calculating overtime. IVlanagement may reschedule employees during the work period so that no more than the normally scheduled hours are worked in the 28-day period. Upon employment, your supervisor will inform you as to whether or not your position is considered law enforcement or fire protection. 41 The appropriate supervisor must pre-approve all overtime. ~~ ~ m°E-~~=.~ro sh€~~~=entainir}~tl}g evgrti-m€-:.~1~ Overtime payment is included on the employee's paycheck that follows submission of the biweekly time sheet containing the overtime work except those on a 28 day cycle Employees on a 28 day cycle (public safety) are paid their overtime on the paycheck that follows the submission of the time sheet at the end of their 28 day cycle. 2. Exempt/Compensatory Overtime Compensation Employees may be designated as exempt/compensatory if their job duties fit into an executive, administrative or professional category but are below the assistant department he-a~ director level. Exemptlcompensatory employees earn compensatory time off on an hour-for-hour basis for all hours actually worked over 40 during the established workweek. Compensatory time off must be taken as soon as is practical according to the workload of the department. If the department's work load makes it impractical to take compensatory time off as soon as it is earned, compensatory time off can accumulate. However, accumulated compensatory time off may not exceed 100 hours at the beginning of each fiscal year (July 1). Employees who move from an exempt/compensatory position to either nonexempt or exempt/discretionary position will forfeit all accumulated compensatory time off. This provision does not apply if the new position was a result of a reclassification. When an employee leaves County service voluntarily or involuntarily, he or she forfeits all compensatory time off. If an employee with accumulated compensatory time is placed on l~yeff reduction in force status, the compensatory time will be paid out as a lump sum with any accrued annual leave and/or sick leave. returns t0 •"^ ~ ~(1tY1nP1'ls'1tn *+ o=f 4S 1~r~@lt€~ 1yh€n the 6r~pl9~e--~~S r i~ i cc mm~rrrrs~c ~ 3. ExemptlDiscretionarv Overtime Compensation An employee is designated as exempt/discrc~tionury if their job duties tit into an executive, administrative, or professional category and is at the assistant department h€ad director or senior management level or above. Exempt/discretionary employees are expected to work the hours necessary to complete the job and do not accumulate or record overtime (comp time) hours worked on an hour for hour basis as described above in the Exempt/Compensation section. 13u~-i-n~acJ Exempt/discretionary employees are • 42 eligible to take time off at their discretion based on .,~t„~i n~'a~+~mg hours that have been worked beyond the normal workweek. Aierrnall-~,', this~e-~,-'~l-~,f Pm n~nvaa ~nac not t~~ra `~;°.`~.,ret ~nar`' tiii:e vif 'n n hnnr fnr_hnnr h~cic . .t,. .. .~.,.,., .,..~ ... .. .. G. Performance Evaluation ~~rPr;t Tn/~YPO CPC u.-l~ese~~~ Roanoke County is committed to evaluating emplovee performance and to providing feedback about emplovee efforts. The performance appraisal is an opportunity to evaluate past performance, set performance foals for the future, and to develop plans for skills learning and career development. Performance appraisals are normally completed nn a yearly basis. H. Acting Status Compensation An employee who is required to assume the duties of another employee in a higher pay grade is entitled to acting status compensation. This compensation is a temporary 10 percent increase in the employee's salary, or to the minimum of the pav grade, whichever is more. nrn.,;,~P,~ t~,a i^cre~~e i~ ::~ithi^ the r~nrTP of tha h;,.~,Pr ,,.,,, nr~~n, The .. ...... u ~bv b employee fulfilling acting status will receive the appropriate compensation beginning on the first day of the pay period following two consecutive weeks of acting duty status. 20 Year Service Pa When afull-tine employee has reached 20 years of continuous full-time service with the County, the employee is eligible for an additional $600 of pay each year or otherwise approved by the Board of Supervisors in the classification plan. This amount is added to the regular salary over 26 pav periods. Payments will begin on the pay date coinciding with the attainment of the employee's 20` anniversary of full- time service. If an employee leaves County service during the year for any reason, the employee will not be eligible for any unpaid portions of the award. • 43 CHAPTER 8 - BENh.FITS A. Health and Dental Insurance Only full-time employees are eligible to participate in the County's health in~uranc-g and/or dental insurance plans. For those who participate, the cost of these insurance plans is partially funded by the County and the remaining amount is deducted from the employee's salary. Those enrolled in the County's health and/or dental insurance plans will receive a handbook explaining the plans in detail and the benefits. The employee may only enrolh make changes in, or cancel the health ~x~ran6g and/or dental insurance plans upon employmentz and during yearly open enrollment periods or within 30 days of a qualifyin~ event. If the ~~^~l1VPP YIOC ~] I~~ ~ . { 1. r .. ~ Contact the Department of Human Resources or see the Roanoke County Human Resources Intranet site for more details on qualifyin~ events under thg C~untT~ br^~ ~°^ Employees leaving County service may elect to continue their health/dental insurance for up to 18 or 29 months following termination of employment following the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA). The 29-month period is only available to qualified beneficiaries who are deemed by Social Security Administration to have been disabled before the end of the first 60 days of the 18 month COBRA continuation period. In addition, family members who are enrolled may also continue coverage through the County's health ~^c~~~~ and dental insurance plans if certain qualifying events would otherwise end their coverage. A qualifying event may include termination of emplovment, marriage, change in emplovment status, death, divorce, child reaching ineligible status due to ale, etc. Spouses of employees may elect to continue their health/dental insurance for up to 36 months in the case of the employee's death or divorce. Dependent children of employees may also elect to continue their health/dental insurance for up to 36 months when the child ceases to be an eligible dependent. Employees who are considering retirement should check with Human Resources concerning health and dental insurance coverage. retiring muJr h~R' r ^ +~~ A ~A~i+~ ' To quality for continuation of coverage and to be eligible to receive the County's premium contribution toward the health insurance, the employee must have at least ~ years of full-time service with • 44 Roanoke County, be eligible for the VRS retirement benetlt and have been enrolled in the health and/or dental plans for at least 12 months at the time of retirement. If the employee or spouse is 6~ or over, turns 65, or is eligible for disability Medicare while receiving retiree health benefits, the spouse must pay or begin paying the toll premium to continue their health insurance. Retirees a-~--wig-iblo to eantir}ug r€sgi~~,~ thg C~e~t~=~ who wish to-continue participating in the dental plan are responsible for payment of the full dental retiree premium. Contact the Department of Human Resources for further information regarding the County's health and dental plans. B. Life Insurance Each full-time employee participates in the group life insurance plan ~~ P>~. The Virginia Retirement System administers the plan, which offers life insurance without the requirement of a medical examination. The full-time employee may also purchase additional insurance through the optional life program. Teo ro;.^t *'~~ ~~~* ~' .,~.~ 't , ~ , ., b t nit ~mm~ ra~nrin rr i - ~t rAttrnmc~nt J Employees must choose a beneficiary when they begin County service and are responsible for keeping beneficiary records current. Contact the Department of Human Resources if the beneficiary changes. The Virginia Retirement System publishes a handbook that includes an explanation of the group life insurance plan. This may be obtained in the Department of) Iuman Resources. C. Worker's Compensation The County may pay related medical expenses--at no cost to the employee--for an accident or qualifying illness that occurs as a result of work. Worker's compensation coverage is provided for full-time, part-time and temporary employees and authorized volunteers. In addition, the employee i-s may be entitled to compensation to help offset the loss of wages while unable to work. Employees do not share in the cost of worker's compensation; the County pays the entire cost. To be considered for full worker's compensation, accidents on the job must be reported to 45 the employee's supervisor immediately. The Report o/~~~Icciclent or Injury and the Panel of Physicians forms must be completed by the supervisor and employee and forwarded to the Department of Risk Management within two working days of the accident. These forms are to be completed even if the employee does not receive medical treatment. "The County's Worker's Compensation third party administrator reviews all claims that are submitted for eligibility. During the first seven calendar days that a regular full-time employee is absent from work because of job-related illness or injury, the employee must use accrued sick leave to receive full pay. After the first seven calendar days and up to the next 90 working days, the employee could receive full pay at the recommendation of the department l director and approval of the Risk Manager. The Board of Supervisors may grant up to an additional 60 days with pay in special instances. If the employee is absent more than 21 calendar days because of an approved job-related illness or injury, the County will reinstate the sick leave that was used. In order to receive full pay, the employee must sign over any worker's compensation checks to the County. State law allows the County to designate physicians that the employee must choose from for an examination verifying the extent of injury or illness. If an employee chooses to be treated by a physician other than one on the County's panel of physicians, the employee may be responsible for medical expenses related to that treatment. In cases of job-related injury or illness that extends beyond approved limits or in cases of permanent disability, the employee will receive the compensation allowed under the Worker's Compensation Act. The employee will not be on pay status with the County during this time and, therefore, will not accrue sick leave or annual leave. Questions regarding worker's compensation may be directed to the Risk Management Department. D. Unemployment Compensation The County contributes to an unemployment compensation fund for employees who leave County service and are eligible to apply for unemployment compensation through the Virginia Employment Commission (VEC). After applying, the VEC determines compensation eligibility on an individual basis. E. Virginia Retirement Svstem The Virginia Retirement System (VRS) was designed by the State to supplement federal Social Security retirement coverage. Membership in VRS is a condition of employment for all full-time regular County employees; however, new full-time employees 65 or older 46 may choose not to participate. VRS provides a monthly payment to members when thev retire for as long as the member lives. This monthly payment is based on the member's highest, consecutive 36 months of salaried employment averaged; vears of VRS membership; and the member's age. The County makes contributions to VRS for each employee. These payments are divided into the employee's share, which is ~ percent of the annual salary, and the employer's share, but the County pays both shares as one of the employee's benefits. An employee must be a member of VRS five years to become vested, or eligible for a monthly retirement benefit. Vested members are entitled to receive VRS benefits upon retirement. Employees may receive full or partial VRS benefits depending on their age when they retire. If an employee terminates service with the County before retirement, he or she may be able to withdraw the employee's VRS share, depending on provisions of the VRS. The VRS membership handbook Qives a detailed explanation of the VRS benefits. Copies of the handbook may be obtained in the Department of Human Resources. Employees who become permanently mentally or physically unable to perform present job duties may be eligible for work-related or non work-related disability retirement with the Virginia Retirement System. Contact the Department of Human Resources for more information. Law enforcement officers and firefighters may be eligible for an additional retirement benefit through the Virginia Retirement System, The Law Enforcement Officers, Firefighters and Sheriffs Program. Contact the Department of Human Resources for additional information regarding this benefit. F. Social Securitv The County contributes to the Social Security payment for each employee. The balance of the payment is deducted from each employee's salary. These payments are then credited to each employee's account. All payments made to Social Security by the employee and his or her employer(s) are totaled and determine the amount of Social Securitv benefit that the individ~:al will receive upon retirement. G. Employee Assistance Program (EAP) The County offers EAP services as a benefit to employees. Full-time employees ar and their immediate family members including spouses, children, parents, or other relatives living in the employee's household, may obtain confidential, professional assistance in resolving personal problems through the Employee Assistance Program (EAP). The EAP provides professional counseling and referral services. Its purpose is to help employees and their families identify, resolve, and fain control over personal or work-related problems that may be interfering with work and daily lifer-E,a61i 47 n~..z m~°rT The employee or the imm~e-d~itatttetttf-a~m~ily member may contact the EAP directly. The supervisor may refer an employee to the program as well. This referral is in strict confidence For more information on the EAP contact your supervisor or the Department of Human Resources. -6ep3r-~i-iz~~~z~~-~'El~~-F~Ei~ ~~"eBeE~f~re is en-~-~~~c--~F~ the ~gparcmdrtr-o-f--1~{}~I~ ~~~eus-: Tl ,' t~P I-p nr~i c~c tnw~r~ ratmAmn t y y ._ H. Deferred Compensation All full-time emplovees have the option of participating in the voluntary deferred compensation program. Contributions can be made through pre tar deductions from paychecks. The County makes a matching contribution determined by the Board of Supervisors for each participating employee Employees are 100% vested in the deferred compensation program once they enroll For further information regarding the deferred compensation program or the amount of the Countt~ contribution, contact the Department of Human Resources. I. Flexible Spending Accounts Flexible spending accounts may be established by full-time emplovees to have qual~fymg medical expenses and/or dependent care expenses deducted through pre tax payroll deductions each payday. Employees may only enroll in this benefit within thirty days from the date of hire, or during annual open enrollment periods Please contact the Department of Human Resources for further information regarding the flexible spending accounts. J. Tuition Reimbursement Program The Tuition Reimbursement Program helps employees pursue professional growth and development with the County by providing reimbursement for non-mandatory, job-related coursework. Reimbursement is based upon available funding within each department's 48 budget. The program is normally intended for those completing an academic de~~ree. such as an associates, bachelors or masters degree. Completion of the GED, a certil7cate or technical course of study or a single job-related course may also be covered. The course of study should be related to the current position or prepare the employee for promotion into another Countv position. The Tuition Reimbursement Program is not intended to replace job skills training, seminars, workshops and other training provided by the employee's department or required for the job. Employees who are eligible for educational assistance from other sources, including veteran's benefits, grants, and/or scholarships, must exhaust those sources before applying for County reimbursement. If an employee receives student loan money for coursework, the employee may still be eligible for tuition reimbursement. Tuition reimbursement may be available for regular full-time, non-probationary employees. Those who participate in the program will be asked to remain in Countv service one month for each credit hour (or its equivalent) which is reimbursed. Employees who terminate employment with the County before completing time owed to the Countv for tuition reimbursement will be required to repay the monies received. County employees who retire are exempt from this pay-back provision. J Employees should make requests for tuition reimbursement through their department ham= director. Requests should provide information that describes the course(s) and explains its relationship to preparing the employee for a County promotion or its relationship to the employees current position. To receive reimbursement for approved coursework, the employee must achieve at least a grade of "C"(or its equivalent) for all high school and undergraduate courses and at least a grade of "B" (or its equivalent) for all graduate courses. ~ copy of the grade report must be submitted to the department h~ director. Tuition reimbursement will be provided up to the in-state, undergraduate or graduate credit hour tuition rate for Virginia Tech. Employees must bear all costs related to registration and other enrollment fees. The County may reimburse employees for textbook fees and other supplies after the employee has completed the course(s) within the grade requirements described previously. Textbooks that the County has paid for must be made available to other employees. Reimbursement is not available for audited courses or to employees who are on extended leave without pay. County time should not be used to take non-mandatory courses unless approved by the department l director. (See Chapter X, section B, "Required Training" for classes that are considered working time.) To the greatest extent possible, department l directors should allow employees to flex their work schedules, use compensatory time or annual leave to attend non-mandatory courses. 49 • K. Credit I Ini~n The credit union is a financial organization owned and operated by its members. Members are eligible for a variety of benefits and services, including loans, dividends and family memberships. Credit union transactions for Roanoke County employees are handled through the ylember One filer€el~,aizd~~~ Credit Union. Any Roanoke County employee may become a member of the credit union. Contact the Member One ?~TnrTVrriviic and--~ Credit Union for membership information. L. Recognition Programs The Employee Recognition Program recognizes and awards employees for their years of service with Roanoke County. Employees are honored annually by the Board of Supervisors, normally at a Board meeting, and are given a choice of service awards. They are recognized for five-year increments of consecutive County service (~, 10, 15 etc.). A retiring employee with at least 20 years of service receives a-x-98-8 e-s Sri-Hbs-l~e-nd special recognition After 25 years of service, employees become members of the Quarter Century Club. M. Em lovee Advisory Committee The Employee Advisory Committee (EAC) provides all employees with a way to make suggestions concerning personnel policies, benefits, working conditions and other areas of concern. r . They typically meet monthly to address employee concerns. ~ ~,,,-,-P.,~ ~'~* ,~' /`ll~r ~}tPP .,,Ar„h___oc.~irn~th,~Ei,~~~~la«.s are a~ai~ab_le---~-f~ Contact the Department of Human Resources for more information. N. Circle Suggestion Program As part of Roanoke County's continuing mission to improve operations and services to the citizens of Roanoke County, the CIRCLE (Continuous Improvement of Roanoke County Led by Employees) Suggestion Program is designed to encourage and reward employees whose ideas result in cost savings and/or improvement to the, County. In addition, employees whose suggestions are implemented will receive recognition and a monetary reward • ~0 • .. • ~ 1 ~~ Extra Vlile Club The "Extra Mile Club" is a peer recognition program designed to showcase exemplary emplovees who have done the `extra mile' to provide exceptional customer service to either external or internal customers These emplovees receive a certificate of appreciation, are recognized in the "County Signal" employee newsletter and by the Board of Supervisors. ~1 CHAPTER 9 -LEAVES OF ABSENCE A. AnnualI,eave 1. Accumulation Full-time employees receive annual leave based on their years of continuous County service. Leave is applied biweekly to the employee's record according to the table below: Years of Annual Biweekly service Accumulation Accumulation 0 up to ~ 12 days ~ 3.6923 hours ~ up to 10 1 ~ days ~ 4.61 ~4 hours 10 up to 15 18 days 5.385 hours 15+ 21 days 6.4615 hours ~ *-tVot~~ L~'~~L~c~PG41TJ'Arn_c~n~t, n~~~mA~ ~i~i ca~~,'~~ '~ I ti Ac n r ~A T N ~~an thArA is n •1,.:...-1 .-. ..,J ,._. ~~~~ni~ ~c^c-rmi-ivr'~'rt r~'i- y • Annual leave may be taken in quarter-of=an-hour (1~ minutes] increments and is available for use after leave Ere-c~i`ts accruals have been applied. Unless the employee has accrued annual leave available for use, he or she will not be granted annual leave. Absences with pay due to annual leave, sick leave, civil leave. military leave or other types of paid leave do not affect the annual leave accumulation. However, leave will not accrue for any unpaid absence of 40 hours for more, per biweekly pay period including absences for FiVILA reasons. This applies to new employees, those leaving County service or employees on leave without pay. Annual leave ~e~ts will accrue for all employees serving a probationary period. Employees may accumulate annual leave ,,~ not to exceed 336 hours (42 days) at t~-e-nd by the last pay period of any fiscal year (June 30) or when the employee leaves County service. J? ?. Scheduling Annual Leave Although annual leave is an employee benefit, it should be scheduled so the ongoing work effort is not disrupted. Therefore, all annual leave requests must be submitted no less than three working days in advance and approved by the appropriate supervisor. The supervisor may waive the three-dav requirement in emergency circumstances. In some departments, annual leave must be requested more than three days in advance. The appropriate supervisor will inform the employee when hired if a longer submission time applies. 3. Annual Leave Upon Termination Employees who leave County service are entitled to payment for annual leave up to the maximum accrual rate of 336 hours (42 days). This includes retirement, voluntary resignation, death, or dismissal. The County will pay the employee once all County property is returned to the appropriate department(s) and any debt to the County is settled. T~ ~^ om~~^~I,~,~u.r~$ the unused armual lgav~ a•* , •>> ~ n~ ~ hlo t~, th of r An employee must give atwo-weeks notice of resignation. Any annual leave taken during this time must be approved by the appropriate supervisor and must not interfere with the ongoing work effort of the department. Annual leave can not be used to extend a resignation past the two-week notice 4. Holidays During Annual Leave Any scheduled holiday that falls during an employee's annual leave will not be charged to that leave balance. B. Sick Leave Accumulation All regular and probationary bill-time employees receive 120 hours (1~ days) of sick leave per year. Sick leave 6rgd+ts-~~ is applied to the employee's record at~h~ r°'° ^f ~"`° h^ 1~i-w~-gk~ ?4 26 times per year. The biweekly accumulation is 4.0154 hn~~rc Sick leave may be taken in quarter-of-an-hour (1~ minutes) increments. C-~d-i-ts Accumulated hours are available for use by full-time regular and probationary employees after they are applied to the employee's record. Unless the employee has accrued sick leave available for use he or she will not be granted sick leave. Absences with pay due to annual leave, sick leave, civil leave, military leave J3 or other types of paid leave do not affect the sick leave accumulation. However, leave will not accrue for any unpaid absence of 40 hours r~~) or more, per biweekly pay period including absences for FMLA reasons. This includes new employees, those leaving County service, or employees on leave without pay. Sick leave hours will accrue for all employees serving a probationary period Sick leave 6r~1-ids can accumulate and accrue from one fiscal year to the next. There is no maximum on the amount of hours allowed to accrue. 2. Justification for Sick Leave Use a. Personal Illness Sick leave may be used to cover any absence from work that results from a personal illness or injury, exposure to a contagious disease that could create a hazard to fellow employees, or health-related appointments when these appointments cannot be reasonably scheduled outside working hours. b. Family Illness Employees may use sick leave for illness of the spouse, children, parents or other relatives living in the employee's household, or for health related appointments for those relatives when appointments cannot be scheduled outside business hours. A maximum of ten working days in the fiscal year may be charged against sick leave for family illness. In unusual circumstances, the Director of Human Resources may extend the ten-day fiscal year limit at the recommendation of the employee's supervisor. c. Maternity/Paterni Absences caused by or related to maternity and paternity, including adoption of children, may be covered by sick leave. For more information concerning maternity and paternity leave, see section D, `Absences for Maternity and Paternity," in this chapter. d. Familv Death Sick leave may be used to cover any absence related to the death of the employee's spouse, the employee's or spouse's child, brother, sister, step- brother, step-sister, parent, grandparent, grandchild or other relative living in the employee's household. A maximum of three working days may be charged against sick leave for a family death, and a maximum of six days for the fiscal year. In unusual circumstances the Director of Human ~4 Resources may extend the three-dav limit or the six-day fiscal year limit at the recommendation of the employee's supervisor. If additional time off is required, the employee may use annual leave, compensatory time (if eligible) or leave without pay, following the guidelines in this chapter. ), i~,lnnitnYin nr-~ TTn >'P [~ p•F86~~~: b [1C nT Cpl l~ i ~P [1P 1111 Y1 n(T ~F~LI i ~ ~l I1Cti -rG' C (~ ~]'G CLY ~[-LZC~ 3. Verification and Notification The appropriate supervisor has the right to request verification of absences reported as sick leave by requiring a physician's statement. When sick leave needs to be used, all employees must notify the appropriate supervisor no later than the beginning of the shift. In some departments a longer notification period may he required. The appropriate supervisor will inform the employee if this applies. Failure to notify the supervisor of an absence, except in an emergency situation, is considered grounds for discipline. 4. Extended Illness or Disabilit If an employee will be out of work because of a prolonged illness or disability, he or she must submit to the appropriate supervisor a physician's statement that estimates the probable duration of the illness or disability. The employee must use accrued sick leave, annual leave or leave without pay (as described in section J, "Leave without Pay," of this chapter) to cover his or her absence. JJ ~. Worker's Compensation Leave All work-related accidents must be reported to the appropriate supervisor as soon as possible. If the accident requires medical attention, the cost may be covered by Worker's Compensation Insurance. (For more information on this insurance, see Chapter VIII, section C, "Worker's Compensation.") 6. Sick Leave Bonus When an employee leaves County service, he or she is eligible to receive payment for all unused sick leave. Those who ~-separate by resignation or death are paid $1.25 per unused sick hour ($10 per unused sick day) up to $2,400. Retirees are paid ,~-1.3i.7 per unused sick hour ($35 per unused sick day) with no maximum. To receive payment, the employee must return all County property and all debt to the County must be settled. 7. Abuse of Sick Leave Sick leave is available to the employee as an aid in time of need and should only be used when necessary. It should be used with care to prevent financial hardship tthat might result from leave without pay status during an extended absence because sick leave has already been exhausted. It is the department director s responsibility to manage this policy and ensure that sick leave is used as it is intended. Sick leave usage shall be monitored and reviewed with the employee when sir (6) or more days of sick leave have been used during a fiscal year. Employees who utilize their sick leave without producing a medical excuse are prohibited from working at their secondary employment while receiving this county benefit Employees who are utilizing sick leave on the basis of a medical authorization may not work at their secondary employment unless they receive the prior permission of their department director. Sick leave pay will be denied to any employee who is found guilty of making a false statement of sickness or otherwise abusing the sick leave privilege. An employee could also be considered guilty of abusing sick leave even if he or she has not used the 1 ~-day yearly allowance. Abuse of sick leave is considered grounds for counseling and/or discipline. 8. Sick Leave Bank The Sick Leave Bank is a program that provides a `'sick leave loan" to members who have exhausted all accumulated sick leave and annual leave balances. Loans are for personal major or prolonged illnesses; they are not available for family ~6 illness. All full-time, non-probationary employees are eligible to join the sick leave bank. To enroll, the employee must make Gone-time donation of 16 hours from accumulated sick or annual leave. Contact the Department of Human Resources for an application form. All sick leave loans must be repaid following the procedures in the Sick Leave Bank Policy available in the Department of Human Resources. Leave hours donated to the bank must have been earned while actively employed by the County. Eligible employees may enroll once they have completed the probationary period or la~t~vP~n dune 1 a-n~3ung-9 during annual open enrollment periods if the probationary period has already expired. Contact the Department of Human Resources for further information on enrollment, loan requests and loan repayments. C. Military Leave The County Grants a leave of absence to any regular full-time employee entering military service. Following federal regulations, this leave is granted for active military duty and participation in a reserve unit. 1. Active Duty Those employees who leave County service to enter active duty are entitled to military leave without pay. They are also entitled to reinstatement into the position they would hold if they had remained in County service. This policy applies to those who normally serve no longer than five years. To be reinstated, returning veterans must apply to the County within 90 calendar days after discharge or release. They also must present a certificate showing discharge or release under honorable conditions. 2. Reserves Regular full-time employees who are enlisted in the National Guard, Naval Militia, or a reserve unit of the Armed Forces are entitled to a leave of absence without pnv for the following periods: • initial training, and for all other periods connected with the initial training • weekend drills when these conflict with work schedules • any reserve training other than the time of annual training. L_~ ~7 Members of the National Guard, Naval tililitia or a reserve unit of the Armed Forces are entitled to a leave of absence with pay for the following periods: • pre-induction physical • annual training • training that is approved by the Governor or the Governor's designee • emergency call-up ordered by the Governor. a. An employee who is scheduled for apre-induction physical will be given a paid leave of absence for the time of the physical, up to the length of the normal shift. b. The County will provide a leave of absence with pay during annual training, up to 15 working days per federal fiscal year (October 1 through September 30). If the training is fragmented, the County will still pay for up to 1 ~ working days per federal fiscal year. c. As required by State law, the County must provide a paid leave of absence for training that is approved by the Governor or the Governor's designee. Pay is given for up to 15 working days per federal fiscal year. d. In accordance with Section ~4-7~ of the Code of Virginia, an employee who is a member of the above named reserve units is entitled to a paid leave of absence during periods of emergency call-up ordered by the Governor. Employees serving in the Virginia State Defense Force or National Defense Executive Reserve are also entitled to a p_lid leave of absence for emergencv call-up approved by the Governor. The County must also pay these employees for up to 1 ~ working days per federal fiscal year for periods of training that are approved by the Governor or the Governor's designee. To be eligible for a leave of absence from the job, whether paid or unpaid, the employee must present a copy of the official military orders and submit a leave request form to the appropriate supervisor. A copv of the orders and a copy of the leave request form must be forwarded to the Department of Human Resources. If the leave is unpaid, the emplovee must continue to make insurance premium payments in accordance with the leave of absence policy to keep their health, dental, or life insurance policies in force. • 58 D. Absences for Maternity and Paterni The time an employee is medically disabled from apregnancy-related condition is treated as any other personal illness or disability described in this chapter. Absences may be charged to earned sick leave for any medically disabling condition related to pregnancy that is certified by a physician. Maternity and paternity absences for parental bonding and/or child care following the birth or adoption of a child may also be charged to earned sick leave, not to exceed 160 hours (20 working days). To request maternity or paternity leave, the employee must obtain a physician's statement or a statement from the adoption agency. This statement must be submitted to the appropriate supervisor 30 days in advance, when possible, of the requested absence. Following the appropriate supervisor's approval of the absence, the Department of Human Resources is notified. If accumulated sick leave is exhausted, the employee may charge maternity/paternity absences to accumulated annual leave, compensatory time (if eligible) or leave without pay, following the guidelines described in this chapter. Use of Maternity/Paternity Leave is limited to pregnancy-related medical conditions, parental bonding and child care only. Abuses of this leave could result in disciplinary action. E. Required Training Em lovees may be re p ~ qutred or approved by thetr supervtsor to attend job-related training. The training will be considered working time and the employee will be compensated according to Chapter VII, "Your Pav." In addition, the County will pay for reasonable training-related expenses. F. Educational Leave Employees who choose to pursue ajob-related course not required by the County may be reimbursed for their tuition, as described in Chapter `{, section A, "Tuition Reimbursement Program." Optional coursework is not considered working time and employees wilt not be paid for their time to attend such courses. G. Civil Leave Any regular full-time employee who is summoned to serve on jury duty, or who is summoned or subpoenaed to appear in a court of law will be entitled to civil leave with pay. To receive civil leave, the employee must provide the appropriate supervisor with a copy of the subpoena or summons and must turnover any payment received for civil duties to the payroll office (excluding reimbursement for travel expenses). If the employee ~~ chooses to charge civil duty to annual leave, he or she may keep all payments received. Civil leave may not exceed the time actually spent fulfilling the civil duty. Anv additional time off on the same day must be charged to annual leave or compensatory time (if eligible), or leave without pay. When an employee may need to use civil leave, he or she must notify the appropriate supervisor as soon as possible and complete a leave request form. A copy of the civil leave request must be forwarded to the Department of Human Resources. Employees vvho are defendants in a criminal court case or a party in a civil lawsuit may not use civil leave. They must charge the absence to annual leave or compensatory time (if eligible), or leave without pay. H. Blood Donor Leave The department l director may approve time off with pay during the normal working day for the purpose of donating blood. Any additional time off on the same day must be charged to annual leave or compensatory time (if eligible), or leave without pay. I. Family and Medical Leave Act (FMLA) The federal Famil y and Medical Leave Act of 199 provides up to 12 weeks of .~- pre-to--std unpaid leave pear during a 12 month period. The 12 month period is a rolling 12 month period measured backward from the date an emplovee uses anv FMLA leave. To be eli~~ble for Family ~Yledica! Leave Act (FML~i) leave, an emplovee must have been emploved by the County for at least 12 months and for at least 120 hours durm~ the 12 month period immediately preceding the commencement of the leave. Durm~ this leave, an eligible emplovee is entitled to continued group health plan coverage as if the emplovee had continued to work At the conclusion of the leave, subject to some exceptions, an emplovee generally has a right to return to the same or to an equivalent position Employees are eligible to receive ~Ermilbr .!~!~ n~c~rl ~« F1~ILA leave for any of the following reasons: the birth or adoption of a child, for personal serious illness or serious illness of an immediate family member (child, parent or spouse). A "serious health condition" is an injury, illness, impairment or physic~il or mental condition that involves inpatient care or continuing treatment by a health care provider for conditions meeting certain criteria For leave relating to the employee's or a family member's serious health condition, the employee may take intermittent leave or work a reduced schedule if it is medically necessary, as determined by a physician. The County may require a physician's statement certifying the employee's or family member's absence. The County requires the employee to apply accumulated paid leave time (sick and annual 60 leave to the total 12-week allowance. To be considered for FML<~ leave, an employee should notify their immediate supervisor to request an FMLa leave applic•ition, ~ ~~,rr~T~A "" °' ''~ "-gin submit this request to the Department of Human Resources and submit a physician's statement indicating the employee's or family member's diagnosis and anticipated time off from work. The Department of Human Resources will evaluate the request and notify the employee of approval or disapproval of FIVILA leave. Contact the Department of Human Resources for specific guidelines on the policies regulating annual use of FMLA leave. J. Leave Without Pav Although the County is not obligated to grant leave without pay, the department director may approve leave without pay requests for extended illnesses or for personal reasons given by the employee. Leave without pay may be granted for as much as 180 calendar days during the course of employment. The employee cannot accumulate additional leave ~i~s if on leave without pay for more than 40 hours. The employee will not receive pay for any holidays that occur while on non-pay status. If on leave without pay for longer than two pay periods, the employee must cover the entire premium balance to continue medical and/or dental insurance coverage (employee's share and the County's share). For those covered by the Virginia Retirement System, the employee must pay the e~~m~(~~~(ployee's shareo~f the life insurance premium to continue coverage. mat +h~~ ~.~~~n IvLill!`P ~nY mnrn •nTn 4~ K. Holiday Schedule Tjin fn~~nu.~ ~ L, 11 L L - t i i• i b N~~v Y~=-ar' S Da;,r ~aa-rv~ b~°-J.~..cl:.cvn `ia`~ar iii y ~' n -L~+~her ~ins~r I/la;~ r~) ~~~T a r ~~.. ~36' ~r`T ~ \ x /chin 7 t n rl ~ ; r P o ' ~ e-n-t' S ~i~}`--~ F#-t' -to'{~'r~cxcc-T_i rn Irrc lc~rcictr-r' yl~merial Day i + ~ f -~ n r Inde-F.~-nd~-ns~ DayTa.,~ barer lay 1 .+ n~rn~n <<,r.t€-mbar ~olurnhus 13a~, ~~ ~F ~ Veteran's bray .--'~-1ya,~n{~P~-~ Thanl<rg~vtnsb~a~~ ~ti-l-Tl~~~rc~n~r in '~~n~inm~i~ Ile~viag-~-th-Tl~rsdar~-i~~-A~~. ~=1~r~Strnas Da3~~ n ~~~2~ -~ely~-clY~Aar~€d~~th B~~rer-t~-~CrVt)~`~'FnE~FE}~-~}rr~[Ci_8 61 u = ~..... ~ -~ ~Rz oli~d •; or fo c+ +P ~na nr r , ,n+. +~nPC to IncP, Roanoke County employees receive eleven (11) holidavs per vear For a complete listing of the holidav schedule, please refer to the Human Resources Intranet site The Board of Supervisors reserves the right to amend the holiday schedule at any time and to increase or decrease the number of holidays observed. For those offices that remain open on designated holidays or do not follow the established holiday schedule, the total number of paid holidays shall not exceed 11 eight-hour working days or 88 hours. Any additional day(s) appointed by the Board of Supervisors ^r +hP r^•'P,.,,^Y „~'v:..b:..:,, will be added to the 88-hour maximum for these offices. Holidays are considered an eight-hour work period that falls on the specified holiday. Employees working in public safety and other departments with special shifts may have holidav hours applied in a different manner not to exceed 88 hours in a vear. When a holiday falls on Saturday, the Friday before the holiday will be observed. When a holiday falls on Sunday, the Monday following the holiday will be observed. All regular full-time employees are eligible to take the holidav off and to receive payment at the hourly rate for time off f^r ^~,CPYI'P~a hni•,~ ~. However, an employee must be on pay status the full workshift (normally eight hours) before and after the holiday to receive holiday pay. Employees who are on leave without pay on the workday immediately before or after a holiday will not be paid for that holiday. `~ Full-time exem t and nonexem t em lovees re uired by their su P r ~ pcrvis~r to work on a County holiday are paid at the regular hourly rate for the amount of time worked anc-l-aro "'"~ ~^r +h° h^~~~~,~. The employee, with director approval, may choose to either be paid for the holidav or to "bank" the holidav hours for use at a future date Hours held in the Holiday Bank may accumulate but may not exceed 24 hours by the last pay period of any fiscal year or when the employee leaves County service ~=1~o-s~ _ r PmY,1ny,PPC hH.,~ .~ to;'orlc-9n & 1}0~~dc'4V r~6~iV~ ~E~i2}~?Ansat9rV tlin~ H~~, i-f ~l~blhlo, f9r ti~~~~o~~t-6~-t~-F~~ 1}~}~}~ . ~~~~I ~j'~ ']I i+~nYl'1P~1 +n P ,+ Yl t.... ".mll+ aim l'l~ l ~ ~' "Ce „E ~rry„ +Im 1' ~ ~^ ~!~ 1 IPYI~I Y+m Pn+ ni -Tnmon Ancni,rnPC i ~uAc f~,,nri ~n rh•~ntg~~1-1 Sg6t1Ar1 1~~1~6~fda-?rLC9~I~~3~~'n-Sc~~~E?F~-- C~ 67 • CHAPTER 10- RESPONSIBILITIES A. Conflict of Interest In keeping with the Conflict of Interest Act, Chapter 40.1 of Title 2.1 of the Code of Virginia, County employees are prohibited from using information they have gained while performing t/teir job to fi~rtJter their personal interests. Some County employees may be required to file a statement of their interests (i.e. investments) as prescribed by County ordinances or State law. Those who are uncertain whether their interests may present a conflict with their position as a County employee should contact the Roanoke County Commonwealth's Attorney. Violation of the Conflict of Interest Act could result in disciplinary action as described in Chapter IV, "Conduct." B. Confidentiality of Records Many County employees will work in positions where confidential information concerning the plans and affairs of the County, their department or other employees will be handled Employees shall not discuss such plans or records with persons not authorized to have access to this information. If an employee is uncertain about releasing information, he or she should refer the individual requesting the information to the appropriate department h~ director, constitutional officer or other County ofticial. An employee who releases confidential information could receive disciplinary action as described in Chapter IV, '`Conduct." C. Gilts County employees are in a position of public trust and may not accept gifts, ;gratuities, favors or rewards for any services they perform in connection with County employment. In addition, it is unlawful to solicit, offer or accept money or anything of value in exchange for an appointment, promotion or special privileges with the County. "These limitations are not intended to prevent employees from accepting articles of little value that may be distributed by other County employees or citizens. • 6~ Violation of this policy could result in disciplinary action as described in Chapter IV, "Conduct." D. Secondary Emplovment Although employees are allowed to have secondary employment outside the County, it must not interfere with work performance in the County position or create a conflict with responsibilities to the County. Any non-County employment--including self-employment-- must be preapproved. The employee must complete the Outside Employment approval form, available on-line or in the Department of Human Resources, before accepting the second job. This form must then be submitted to the appropriate department h~ director, constitutional officer or other County official for approval. Once approved, the form will be forwarded to the Department of Human Resources and maintained in the employee's personnel file. If the authority who approved the outside work or the Director of Human Resources determines that the second position interferes with the employee's job performance or creates a conflict of interest, the employee must end the secondary employment or resign his or her position with the Countv. Failure to complete the Outside Employment Approval form could result in disciplinary action as described in Chapter IV, "Conduct." E. Political Activi Employees shall serve all County residents equally, regardless of residents' political opinions or affiliations. In no way shall the amount or quality of service an individual receives from the County be affected by the resident's political opinions or affiliation. Secondly, the appointment, retention or promotion of a Countv employee shall in no wav be influenced by the employee's political affiliation, preference, opinions or activities. While on County time or County property, employees may not campaign for themselves, for other persons, parties or organizations; and they may not display campaign posters, solicit campaign funds or circulate candidacy petitions. Violation of this policy could result in disciplinary action as described in Chapter IV, `Conduct.`' F. Conduct and Appearance Employees represent the County government to the public and must conduct themselves at all times as representatives of Roanoke County. "I~his is especially important for tflose 64 required to be in uniform or to operate County vehicles since t v ~ ~~ he are more ~ isible to the public. In addition, as a general standard the County expects employees to be neat, show good taste in dress, and to maintain a neat work area. Departments may have specific dress code policies. Violation of this policy could result in disciplinary action as described in Chapter IV, '`Conduct." G. Personal Use of County Time and Equipment The County provides telephones for employees who need them to conduct County business. Personal calls should be limited. They should not be made or received when they will interrupt or interfere with the employee's work or interfere with the use of the telephone for County business. Fax machines, personal computers, copiers and other County equipment should be used for County business. Unauthorized removal of County equipment or property from the premises, or the unauthorized use of Countv equipment or property for personal reasons is prohibited. Employees will report to work as scheduled and make every effort to use time wisely for completing assigned duties. Using County time for personal reasons is not allowed. It is considered time theft and will be grounds for disciplinary action. (An example of time theft might be having another employee type personal correspondences.) Prolonged or repeated "visits'' between employees while working interferes with the on-going work effort and is also considered time theft. Violation of this policy could result in disciplinary action as described in Chapter (V, "Conduct." H. Solicitation Countv employees are not permitted to sell items Ior personal gain to other employees or members of the general public during regular office or work hours. Other forms of solicitation shall not be permitted in any County buildings, except as provided by Countv building use regulations or by those individuals or organizations approved by or sponsored by the Board of Supervisors. Violation of this policy could result in disciplinary action as described in Chapter [V, `'Conduct.'' • 65 • ROANOKE COUNTY EMPLOYEE HANDBOOK ACI{NOWLEDGEMENT • I hereby acknowledge receipt of a copy of the Roanoke County Employee Handbook. The information in this manual is subject to change as situations warrant, and I understand any change in these policies may supersede, modify, or eliminate the policies in this manual. Changes in policy will be communicated to me by my supervisor or through official notices. Print Your Name Your Signature Date • 66 ACTION NC A-022701-6.h ITEM NUMBER , ~~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: Request from Schools to accept $50,000 grant from the Department of Education for alternative education program. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: ,~....~.-_e yt~`-~ Roanoke County in partnership with Bedford County wrote a grant to seek funding from the State Department of Education to address the needs of students from grades 3 through 7 who (a) have violated local school board policy related to weapons, drug and substance abuse, or intentional injury to another person; (b) have been expelled or have long-term suspension, or (c) have been released from a juvenile correctional center and would benefit from the program. Roanoke County (fiscal agent) and Bedford County were awarded funding in the amount of $50,000 that will run from January 3, 2001 until June 30, 2001. The program is to be housed at Roland E. Cook. FISCAL IMPACT: No additional funds will be expended beyond the grant. STAFF RECOMMENDATION: Appropriation of $50,000 to the grant fund to be expe ded as st/a~ted. V1 Mr. Garland R. Li Executive Assistant Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved (x) Motion by: Harry C. Nickens motion to Church _ x _ Denied ( ) approve Johnson _ x Received ( ) McNamara- x _ Referred ( ) Minnix _ x To ( ) Nickens _ x cc: File Garland R. Life, Executive Assistant Danial Morris, Director, Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board r" "~ A-022701-6. i ACTION NO. ITEM NO. ~' ~` ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: Donation of waterline easements for Stonegate Subdivision in the Hollins Magisterial District COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves acceptance of the following easements conveyed to the Board of Supervisors for water line purposes in Stonegate Subdivision, Hollins Magisterial District of the County of Roanoke and Valley District of the County of Botetourt: a) Donation of a water line easement, twenty feet (20') in width, from Stonegate Properties, LLC, (Tax Map No. 28.00-1-2; Deed Book 1664, page 169), on property shown as Stoneledge Drive, New Lot 47, and New Lot 48 on a plat prepared by McMurry Surveyors, Inc., dated November 13, 2000, revised December 18, 2000, a copy of which is attached hereto as Exhibit A. b) Donation of a water line easement, twenty feet (20') in width, from Joseph A. Hendricks, Jr., and Irene L. Hendricks (Tax Map No. 28.04-1-3.1 and No. 28.04-1-3; Deed Book 1346, page 1932), on property shown as Lot 3, Block 3, Bellview Gardens, and an adjacent lot on a plat prepared by McMurry Surveyors, Inc., dated November 13, 2000, revised December 18, 2000, a copy of which is attached hereto as Exhibit A. The location and dimensions of this easement has been reviewed and approved by the County's engineering staff. ~- / ,~ STAFF RECOMNfENDATION: Staff recommends acceptance of the easement. Respectfully submitted, -- -~.~ o~ - ~ ,~~ Vickie L. Huffman Sr. Asst. County Attorney ACTION VOTE No Yes Abs Approved (x) Motion by: Harry C. Nickens motion to Church _ x _ Denied () approve Johnson _ x Received () McNamara- x _ Referred () Minnix _ x _ To () Nickens _ x _ cc: File Vicki L. Huffman, Senior Assistant County Attorney Gary Robertson, Director, Utility Arnold Covey, Director, Community Development G:\ATTO RN E Y\ V LH\AGENDA\CON SEN'I~Stonegate. water.wpd ,^ .~+ '1~`. 1~RI ITI A4I pB 12 pG 186 (BOTETOVRT) h / /'~~\ ~ ~ ~/ ~~ T ~ ~~ ~ / ~ ~W ~~~- ~ ~~, 93 \ ~ ~c~ r ,~' ~ 1 ~ p ti 2 ~ , \ N~ ,m ~~ o ~O Ohti, ~/\ ti c~ \ , 4+~0 \~ ~~~' ~~ ~ ~1 ~~~ ~ A,Oii/~ ~ (/ ®®i ~~~ T7" ~4~~ h~~/~, ~~ ~, ~~ ~ .~o~ / ~!• .~ / ~y // ti ~/ ~~ h ~~ ~~~ ~ • ~tpo~~m~ ~~ ~~ ~~ .. ° y •~~ ~ O CQ Vi Vl CA fA F n ~ A y ~ ,_ ~y • C] ~,w»wq~r.~4.~ W N N W ~Ul b 6 ~ o ~' ~ ~ .~ `~ y ~~ y ~ ~ ~ ~ . ~ G ~w ~I~al~t ~ a ° ~' P~ hd7 ~ c'] 0 a ~ .. O m ~ ~ v ~ ,, ~ • . ~ r d ~ 2 ~ c,rCO.,aowim~ ~ ~ C ^ O tC ,e. 0 0 ~m~o N N 3 O ~ 7 0 0 ~ 0 o Ri i, /~ o~ . ~~~ Lr~~ . `~ / / / ~• ~~ ~~~ /Q ~~~ A~ P ~~~ ~"~ v, oE7dcn yn-~ ~ w ~ ~o~ ~~ ~-~ xc~ N v 'i1 N r ~ c~oain ~~~ a ~~ $K~ ~d~ a lA~~ ~ O Lq ~~ ~~ ~ ~ ~~ o~ ~~~ ~r~ ~~ ~~~ ~Y~ yK ~~~ NCH ~~ ~~ ~~ ~ ~ ~x b~ ~a ~ ~ x `~~ x ~° r ^C ~J ~ / ~ E%HIBIT A ~~ ~6 THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 27TH DAY OF FEBRUARY 2001, ADOPTED THE FOLLOWING: RESOLUTION 022701-6.i REQUESTING ACCEPTANCE OF BROOKHAVEN COURT AND A PORTION OF MONET DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineerforthe Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Nickens Seconded By: None Required Yeas: Supervisors Johnson McNamara Church, Nickens, Minnix Nays: None Absent: None A Copy Teste: Brenda J. olton, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Virginia Department of Transportation ~. • THE GROVES, SECTIONS 5 8i 6 j R D~11rQKE CO ~IN?'Y D~p~ ~~~~~~~ ~-~ Acceptance of Eroolchaven Court and a portion of Moi7et Drive C03f.~f£T~IT`~• .I~.E1rFl0I?1~L~NT into the Virginia Department of Transportation Secondary System ` SITE ~: ;~ • '`~ _. NONE?~ r;\ ~ . - `~, -DRIVE / ~' M$rq~C,~~.4 . -•`- I ,.. ~_ • ~ \~- SECTION #j3 ~'IR;, ~,~ V.I C.INI ~'~ .t1~lA..~•~ ~i~ NORTH ;;;•,, I., ~ F:A:,EI,!!.~41 !, E: I'• vp rJ9 -. Ey 'J.p• ACCE55 SEF NU fE I I ~AS~ME!J F ' o ~Ly :irrCE f! OF 7 l r P 3 I ). yC Ipt >< !. c . I ..~!~, II U T~~ TTTZZi.TaRnTr~m ~:,~ z ~, ,.~.,., _ .a, I l=j' ~~ ~ ,~` iv - T .~ " , ,.,z i 1..S1J'~"r. ;: / ` ./ `ln. •. i r!Ew !~--'-'..~10 P V. E u ft i"/ I `. i. r, iRAll ?, 25.5 ti. r' \ < - _, ~-~'- . ~~. ~' -" 102 ~' PROPOSED ADDITION SHOWN IN GRAY DESCRIPTION: 1) Monet Drive -From the intersection of the tee-turnaround, 150' east of Otter Parlc Court in The Groves, Section 3, to the intersection with Brookhaven Court. _ 2) Brookhaven Court -from the intersection of Monet Drive to its cul-de-sac. • LENGTH: (1) 0.25 MLLE (2) 0.12 MILE RIGHT OF WAY (1) 50 FEET , (2). 40 FEET PAVEMENT WIDTH: (1) 36 FEET (2) 28 FEET SERVICE: (1) 6 HOMES (2) 12 HOMES SHEET 1 -SITE ~,, . ' \~ 1~;ONET~ . o ~ c;,,~ ~.. '.``... . ~ BCUE' - r RrDrD ~ HECTICRN ~},; pfd^~ , . E v OVFS" qr sab A \ ~ \ m ~ ~ nr rl .. /µ fl J°r~c~ y, awu. ti 46 q 1 i Rn J. ~,..,, '~+ SEE SHEET 1 ------- ~y 1 1 ~n f 0~ 1 I,IiI tI. 1 + rs 1 ~ ~~ i 1- in The Groves, Section 3, to the intersection with Brookhaven Court. 2) Broolchaven Court -from the intersection of M onet Drive to its cul-de-sac. LENGTH: (1) 0.25 MILE (2) 0.12 MILE RIGHT OF WAY • (l.) 50 FEET (2) 40 FEET PAVEMENT WIDTH: (1) 36 FEET (2) 28 FEET ~ ~ -~ SERVICE: (1) 6 HOMES (2) 12 HOMES SHEET 2 ~ G ruvu (p ~ 1~ 1~ Nw L, ~r -_~ _ _ -- - ~ ~ nPo, ~. BHOOR'ya l~FN~ . ~.. - r 4 H i{Ny ~ ~W SI $~ 8 "~ ~ ~ a nm..~ B ~ 4 ~~ ~ 5~~ / ~ uaf rax: _ _ s~.~r J «`n ~ F~ rn. 9,?Y43 S.f 1 -N '. 13,SFG S. F. "' ~ ~" X20 . ,; ~ r fF •_ir, ~~ ~% u tt~]~ c;~ ~a • ~y ~1 ~ NOPTH C ~ - ~ ,~ ., o a ~~'" c `,\\ti v ..,;; sr ~\ ~ ~~; up° , ~_,. ~.1 ,c '11 y,,. .,~ ' ~/ . C 5~' THE GROVES, SECTION 6 ~cy,Y~'N ~a~1 u m ~,N t ;.~Y ~~. Mtn ~w~i . ~ 1~? ~ <i Itwb .. ~~\, ,~; P m" o ~.~ . ; ~ \~~-m'~~c 13 1', ,..* 1',F 17 ~. ... a (i' s... rt r3 1 v EE ~ ,~.T ~ ~.~< e ovro• r asryia~ • - - .. - ~~~ :~0~(~j 1 '-C-18 ~ \1 ..~`t ~\ - I1110'09'10~41 218.95 ~ ~-~ - ---- ~~ • o .- 1. ~. ~~,>~ „r,~Y~',,„ ~ ~,, - OVES - %~ 1s,~2;5 s.r'. ~','~''-THE GR '~~ ` ~ ~ 1 ~ ^°• SECTION 5 PROPOSED ADDITION SHOWN IN GRAY DESCRIPTION: 1) Monet Drive -From the intersection of the tee-tunzarou~d, 150' east of Otter Parlc Court RD.~IYOI~`'. CDZJ'NT~Y ~ THE GROVES, SECTIONS 5 & 6 .D~'P.~..I~3'~~N?' ~~ ~ Accepta>_ice of Broolchaven Court and a portion of Monet Drive COI.~fll.l~ITY..D~'VE.LQ.P~~IITT ~ into the Virginia Department of Transportation. Secondary System ~ 1 } ?~ y L _Q m Q O 0 ~~ L a 'II C'. O. U d Cn m • ~ C v T7 a ~a d N O L 0. Z ~_ f"' Q C m E U e v E c ~. V `m u j 11 y o ~ c ~ F .~ E S c ~ G U ~T & U a ~' ti C `o ~ b G a ~ E _T m ~ y ~ ~ o ~ O L ~ ~ E Z c+l L1 N • CV ~ O C V^, > C t ~ O Z F U O ~ ~ m II1 N c N ^ ~ O O ~ U ~ ~ O ~ ~ ~ ~ F~ to C7 W W r x H O Ir, z ^ H ~ I ~ Z Q ~ O ~ ~ ~ x '~ 6 ~ r'1 z ~ ~ ~a,o Hx~ H W W H O ~ 3 O O In ~ O ~O ~ ~ m ~ a° m m a m ° a m ~ a .. m ~ m a m a H U g z ~ ` _ _ v ~ N N ~ ~i ~ .O ~ a ~ ~ ~ O ~ O O O ~ ~' W - ~ O ' rn ~ ~ v Z ~ ~ ~ ~ p In ~ c'1 b H H \ W Q N \ U n I r ~ ~ ~ ~ m m m y m m m m ~'' p U p° D O ~ O O H ~ H i5 ~ 2S ~ ~ ~ 3 ~' ~ ~' ~ m ~ ~ d E E O O E O O CL ~1 Q ~ li C r 6 ~ ~ LL ~ r O a li O r d O a` p r O a u`. ~ r ca ti 0 r a S p r a. ~ m 7. ~ H U L W .m ~ ~ z H W S ~ ~ ~ ~ Q ~ ~ ~ H ^~ W O Z ~-i ~ p d ~ z ~ N~ ~ ~ t N t0 ~ :i N 0 Z ~-~~ 2 S U I LL Q Z O U LL ~- W U ACTION NO. ITEM NUMBER ~ ~ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 SUBJECT: Acceptance of Brookhaven Court and a portion of Monet Drive into the Virginia Department of Transportation Secondary System. COUNTY ADMINISTRATOR'S COMMENTS: ~~ G~ucr~ Palm Land Company, L.C., the developer of The Groves, Sections 5, and The Groves, Section 6, request that the Board of Supervisors approve a resolution to the Virginia Department of Transportation accepting 0.12 mile of Brookhaven Court, from the intersection of Monet Drive to its cul-de-sac, and a 0.25 mile portion of Monet Drive, from the tee-turnaround, 150' east of Otter Park Court in The Groves, Section 3, to the intersection of Brookhaven Court. The staff has inspected these roads along with representatives of the Virginia Department of Transportation and find the roads acceptable. No county funding is required. The staff recommends that the Board approve a resolution to VDOT requesting that they accept Brookhaven Court and a portion of Monet Drive into the Secondary Road System. S~JBMITTED BY: ~~~~ Arnold Covey, Director Department of Community D APPROVED: Elmer C. Hodge opment County Administrator 1 S i~ Approved Denied ( ) Received ( ) Referred to Motion by: 2 ACTION VOTE No Yes Abs Church Johnson McNamara Minnix Nickens ~= J I THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 27TH DAY OF FEBRUARY 2001, ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF BROOKHAVEN COURT AND A PORTION OF MONET DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street ~uirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved by: Seconded by: _ Yeas: Nays: A Copy Teste: Mary Allen, Clerk Roanoke County Board of Supervisors pc: Arnold Covey, Director, Department of Community Development Virginia Department of Transportation File ~`~~ "_ SITE ~: ' ~,, N,ONE? C'' ' .~~.. r'Y~ -., -DRIVE ~. ~~ ._ qP Cie K .,-: ..-..,,,r ~ ~,. 01 BLU!' R, M1"""~~•..,,~ . ~ \ p~_ ~ 5HE GRO~~ ~.. ~~,~`y~~ ' ~ ~ 3~I CINI ~'~' .MA~• ~ .~= i ~ NORTH ICI, ,, I;,~ :.r. ~:, E: ~ SEA!E y i. TB: 17, NC 89-. C~ ?0 ACCESS `_FE k0 TE I I ~ EASf MEff f ~ r. „~ ,`y :i~iEE f ! OF ? 17 G'C. Ipi j A 3~ f , 'J7t II T~~ 'rT rGZ~T a u n 1 TNT ~ ~~~ ,:.- . ,_ .~.. ~- , ~__~ , "~ tY T i .. ,~ ; 9 ,~ f .,~ ' _ ~' ,,,~ r :~; ,~~. T ii. f >, n!;. 89 P.U.F. & G"/I '~. . •.~ur, TRNL PROPOSED ADDITION SHOWN IN GRAY a. ~~F. ~~~~~~ DESCRIPTION: 1) Monet Drive -From the intersection of the tee-turnaround, 150' east of Otter Park Court in The Groves, Section 3, to the intersection with Brookhaven Court. 2) Brookhaven Court -from the intersection of Monet Drive to its cul-de-sac. LENGTH: (1) 0.25 MILE (2) 0.12 MILE ', RIGHT OF WAY (1) 50 FEET , (2) 40 FEET PAVEMENT WIDTH: (1) 36 FEET (2) 28 FEET SERVICE: (1) 6 HOMES (2) 12 HOMES SHEET 1 ~ RDAND~E CO~T.NT'~' THE GROVES, SECTIONS 5 & 6 DEPA._R3'~fE'N?' {~~ Acceptance of Brookhaven Court and a portion of Monet Drive COiYIMUNIT'~ .Za~'V.E101'~f.~NT into the Virginia Department of Transportation Secondary System -SITE ~ ' ~a ~ On~V K~ f r ~. ~~ ~ ,- Bt-uc ""'~~-~ ( `-SECTION #3 F'q/~?~-,Y1 . IHE GROVFS° ~Ar ~ - VICIN.I~'~ 1f~A~• ~1I NORTH a .'°~ `, ;~ ~ ~ ~~~ -- _ - ~ __ ""'~ i~` ,3 THE GROVES, SECTION 6 m , a a~ Y/ - _' ~ awu ~.; A. !~, ( g."° ~ ~ st ~ i - B900Kyq yFN 1't ~ ,. v.cs. ~ s~.u ~y ' ^en ~l` ~i ~ ~J~' 4+AYN~-.~ .. .. i - ow u.ns ti` ~ ~,~5 "^° A.~.,% ~ ~~ / 4 ~ ----- {a ~ adu r `~ ,{ *° ~"`m:,o y ? , s l 1 x~u ~9 grn.u a ley:. \ ip~ o ~ \ C ~ \ i~ PY. aii ~ k ~~ ~ {.'la ~ ~ .o- 'weiu --~~o. 'sa°w's .-- \ ~ -~ ~ ~ ~, 5 r -. yy ~ / / ~~~-.r.us ~ ~\ 13 ) 4 au• a~su.r n.11 ad 1 /, ~ tRAr uw ,n+> ~ ~ , n aaru \ ~, ~ .s nnD \ liF f N u M ixfs* ~ N o L. 3 ~ y 5'~~ 1 ,; MM~,~ CI a `0 1 N11 U69 S.F. °• 10 µ.B.l.i~ ~ • y,,.a„i, ~x i', ' u: i. a ' ` 13,3F,G $. F. ,., ` t 1 l 5 ta / C ~ ~~~ 1 .~ o p Z ~«.~ ~ - r ~ vim, ~.~.~ '~. .\u D ~~~^~.: ~0~~_ c i8 \\~, _~~~~ IatSO'09'iU-W 21695 +- ---~----- ~ ~~ ~~ ~F~ SEE SHEET 1 r ,~' ~ f. - ,5 ~ ~~_~ : ~ - t2 tj r •, ~ ~~' 1~,5zs s.r'. ~;'~'-THE GROVES = ._ - " ~~ ` l o r°- SECTION 5 ~'~~~~ i 7,6ns S. r. 1 PROPOSED ADDITION SHOWN IN GRAY DESCRIPTION: 1) Monet Drive -From the intersection of the tee-turnaround, 150' east of Otter Park Court in The Groves, Section 3, to the intersection with Brookhaven Court. 2) Brookhaven Court -from the intersection of Monet Drive to its cul-de-sac. LENGTH: (1) 0.25 MILE (2) 0.12 MILE RIGHT OF WAY ~ (l.) 50 FEET (2) 40 FEET PAVEMENT WIDTH: (1) 36 FEET (2) 28 FEET SERVICE: (1) 6 HOMES (2) 12 HOMES SHEET 2 .RD.A~QI~ ~OUN2~Y THE GROVES, SECTIONS 5 & 6 ~~~~~~~~~ ~~ - Acceptance of Brookhaven Court and a portion of Monet Drive ~'Q~~~~-~~, ~~~'L~~~~~~ into the Virginia Department of Transportation Secondary System C m E L U R 3 2 m R `o E m a~ L a C c O p U d N _ m ~ .C E 2 O ~ ~, V ~ m ~ O ~ u _ N ^ ~ Q ~ ~ a E ~ ~ ~ o ~ O '~ ~ L d °. ~ h C o c Q b ~ Ln ~ G ~ (~ E ~ ~ c ~ a ~ ~ a Y ~ ~ t L ~ U (•- ~ C 0 L G ~ ~ a Q < Z C. ~ ~ N ~ N O v~, > e ~ ~ ~ o z ~ O U O n m ~ J 9 in N c N ^ ~ v ~ O O < U Cn m ~ ~ ~ F-+ 04 V~ C.7 ~ ~ W W x H o z ^ H ~ I W Z G-l ~ z o o ~ ~ xx ~ C, OG M z ~ ~ ~ ~ o [-a tli H I W H W H U W HW H O ~ 3 s ~ O O ~n ~ O ~O ~ ~ O ~ a m ~ a O ~p ° a O ~ a o m a° O P a O P a L~ o U g z ~ _ _ ~ ~ N N ~ ~ ~ ~ ~ ~ I .O ~ R ~ ~ ~ m O o ~ 0 0 o b r ~, ~ O d h rn , o 2, ~ CA S ~ O «'1 I M H W N t b H ~ A ~ ° U I~ I ^ . , y ~ ~ o m m m n y m m p! Oa U ~° Otl O~ ~ O ~ E1 ~ ~ ~ ~ g ' ~ a ~ c ~ 25 v ~ is Y7 b C H ~ H ~ ~ ~ ~ ~ m ~ FF 3 H L U c W •c ~ z ~ H W r b ~ ~1 3 ~ t O O C EEE ~ W z o : O w C 0 ~ Q Z ~ N' n f ~ ~ r ` SCI Z 2 U F- r O Z O ~ U W U r N-~ GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA of General Amount Fund Revenues Audited Beginning Balance at July 1, 2000 $9,908,641 8.33% Oct 24, 2000 Funds for twenty additional paramedic firefighters (907,000) and planning for renovations to Vinton, Read Mountain, and Mason Cove stations Dec 19, 2000 County's half share in Phase I Construction Costs (500,000) for McDonald Farm business park Dec 19, 2000 Advance of funds for water and sewer improvements (500,000) for the Stable Road Water and Sewer District ($418,766) and traffic signal and road improvement ($81,234) in the Clearbrook community Jan 9, 2001 Matching funds for TEA-21 grant to construct the Green Hill Park section of the Roanoke River Greenway ($41,700) Balance at February 27, 2001 $7,959,941 6.69% Changes below this line are for information and planning purposes only. Balance from above $7,959,941 Jan 23,2001 Potential use for Phase II NPDES stormwater assessment (40,000) Delinquent PG&E Investment (Note: this was a pooled investment and if it is ultimately uncollected the loss will be shared with the other participants that have funds that are being invested by the County Treasurer) ($989,447) $6,930,494 5.82% Note: On December 18, 1990, the Board of Supervisors adopted a goal statement to maintain the General Fund Unappropriated Balance at 6.25% of General Fund Revenues 2000 - 2001 General Fund Revenues $118,982,797 6.25% of General Fund Revenues $7,436,425 Respectfully Submitted, l~~Y~- Danial Morris Director of Finance Approved By, ~~ / / Elmer C. Hodge County Administrator M:\Finance\Common\Board-Reports\MonthlyReports\GENOO.xIs 02/22/2001 CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Balance from June 27, 2000 Board meeting $279,722.09 Addition for sale of land and equipment during 1999-2000 303,501.34 Audited beginning balance at June 30, 2000 583,223.43 Transfer from 1999-2000 departmental savings 224,701.00 Balance at February 27, 2001 $807,924.43 Respectfully Submitted, Danial Morris Director of Finance Approved By, ~~~ / Elmer C. Hodge County Administrator . v1. M:\Finance\Common\Board-Reports\MonthlyReports\CAPOO.xIs 02/19/2001 N-3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2000-2001 Original Budget $100,000.00 July 25, 2000 Contribution to D-Day Memorial (10,000.00) Sept 12,2000 Video distribution for Senior and Challenged Citizens Commission (1,000.00) Sept 12,2000 Project Impact (12,800.00) Jan 9, 2001 VML/VACO Assessment, AEP Negotiations (4,183.00) Balance at February 27, 2001 Respectfully Submitted, ~~- Danial Morris Director of Finance Approved By, ~~~-~- Elmer C. Hodge County Administrator $72,017.00 M:\Finance\Common\Board-Reports\MonthlyReports\BOARDOO.xIs 02/19/2001 N -~ FUTURE SCHOOL CAPITAL RESERVE COUNTY OF ROANOKE, VIRGINIA Savings from 1996-1997 debt budget Transfer from County Capital Projects Fund FY1997-1998 Original budget appropriation June 23, 1998 Savings from 1997-1998 debt fund FY1998-1999 Original budget appropriation FY1999-2000 Original budget appropriation Less increase in debt service November 9, 1999 Savings from 1998-1999 debt fund FY2000-2001 Original budget appropriation Less increase in debt service Balance at February 27, 2001 $670,000.00 1,113,043.00 2,000,000.00 321,772.00 2,000,000.00 780,145.00 495,363.00 198,421.00 $7,578,744.00 FY2000-2001 Original budget appropriation $1,500,000.00 July 11, 2000 SW Co Regional Stormwater (290,000.00) Balance at February 27, 2001 1,210,000.00 * Of this amount $736,680 is currently being used for the lease purchase of refuse vehicles and will be repaid within two years. Respectfully Submitted, Danial Morris Director of Finance 2,000,000 (1,219,855) 2,000,000 (1,801,579) Approved By, ~irvw/ /~p~ Elmer C. Hodge County Administrator M:\Finance\Common\Board-reports\MonthlyReports\SCHOOLOO.xIs 02/19/2001 y '~ ~~~// Fil C~ V '~ .d h W O ~+ C7 6~ ~+ CC ~ ~ O ++ O ~ O ~ ~' > CAS O L ~y ~ y a+ ~ ~--i O M O b b C. W "O O .~ a .~ C," O O Y. 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L U O U ~ ~~ x U L ~i W `~ Q, `~' ~ O ~ ~ .~C ~ .--~ a ~ V O •-+ N M ~ ~ ~ 0 0 0 C w CQ L C d 0 0 .~ b C a GL, C a~ ~ ~ a Y-~ 0 O ~ ; ~ ~ ~ A o ~~~o~ x N W ~ ~ C ~3 . ~ Q ° o ~ ~ ~ ~ U O O C O a U W U o ~--~ N M Vl O O O O ~~~~ 0 0 0 0 ~1, u. a. ~ U N b ~ U ~ ~ °' x b ~ o ~ ~ °O ~ Y Li ~ ''' C"i ~ H N ~ 4.y ~ Lr ~ rr ~ ~ C~.y ~FV ~ ~,b?~, ~ a ~~ ~ ~ p W b >, C ~ ~ ~ ~ ~ ~ ~ iN. C O z ~ ~ 7.. ~ >, ~ j ~ ~ ~, V o°'n bb ~ ~ a~ O ~• o o Q~E-+fxV W ~~ ~-+ N M ~ ~O l~ ^-~ N 00 00 00 00 00 00 01 01 0 0 0 0 0 0 0 0 r. ~.+ O H 'C a CQ Y~ V N-s d~ ~udN7 ~~' ~n ~~ (i' ~ e ~tphR ' \ J ~ I A C®10~t~®I~T~~AI,T~I ®f VIRGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 2321x2000 CHARLES D. NOTTINGHAM JAMES S. GNENS COMMISSIONER STATE SECONDARY ROADS ENGINEER February 6, 2001 Mr. Elmer C. Hodge Roanoke County P. O. Box 29800 Roanoke, VA 24018-0798 Dear Mr. Hodge: The enclosed report contains a list of all changes to the Secondary System of State Highways in your county approved by the State Secondary Roads Engineer in January 2001. All additions to and abandonments from the Secondary System are effective the day they are approved by the State Secondary Roads Engineer. This date appears in the far right column of the monthly report. These changes will be presented to the Commonwealth Transportation Board at its monthly meeting on February 15, 2001. If you have any questions or comments about this report, please call Martin Law at 786-7399. James S. Givens ~ r-,,,- State Secondary ads Engineer JSG/MII WE KEEP VIRGINIA MOVING 1 r~ ^~ 0 w w w V 0~ w `0 4~'i ao V O OR'i ~o ,, :~ o V M W \ W W O Q ~ O~ N 6~ O ~ H «S ~ as ~~ o ~~ o 0 ~~ o of E• .~ L O R d 6~ 0A C i' U au U d N Q d a Z U ~ ~ O _ L ~I Qtr ~ ~ r+ O ~ a z a .~ L C O .~ .; b O U ~ .~ 0 a on a e~ U Qr V a a~ H 0 :~ b Q ~-v ACTION # ITEM NUMBER ' / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: Accounts Paid -January 2001 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors: Payroll 1 /5/01 Payroll 1/19/01 Manual Checks Voids Direct Deposit Checks $5,515,404.57 $607,974.60 $162,201.81 770,176.41 607,188.87 182,267.00 789,455.87 396.17 396.17 0.00 $7,075,433.02 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. SUBMITTED BY: Danial Morris Director of Finance Approved ( ) Denied ( ) Received ( ) Referred ( ) To ~ Church Johnson McNamara Minnix Nickens 1 ~'~ No Yes Abs ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: Work Session on FY 2001-2002 Budget Development. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for a budget work session to discuss items related to development of the FY 2001-2002. The following areas have been identified as priorities by the Board and staff would like to get your thoughts and recommendations on the topics listed below: • Tourism -Blue Ridge Parkway Visitor's Center • Cultural Organizations • Technology considerations • Public Safety staffing • Economic Development Departments are currently presenting their FY2001-02 operational budget requests to their functional teams and budget staff. These requests directly relate to delivery of services for the next fiscal year and will be presented to the Board at a later work session. The discussion of the items listed above will help staff frame several important issues in developing a proposed budget later in the spring. Tourism As a supplement to our economic development plan, efforts at increasing tourism activities in the valley are very important. On May 7 of this year, we will hold an event that will celebrate the opening of the Blue Ridge Parkway Visitors' Center at the entrance of Virginia's Explore Park. This project was made possible by partnership agreement between Explore, Roanoke County, and the federal government and will provide a needed boost to tourism is the Roanoke Valley. Roanoke County will need to allocate $60,000 to fund operational needs for FY2001-2002. o~~ While we are preparing for this celebration, there is also a great deal of concern about Explore Park funding. The state of Virginia and Roanoke County have made significant investments in this valuable project over the years, continued state funding is in jeopardy. If state funding is eliminated, or greatly reduced, we will have to make a decision concerning the future of the park. In addition, several Board members have voiced support for sport field/venue site development to host athletic tournaments and special events. Costs for site upgrades, field lighting, and land acquisition is dependant on the level of involvement the Board will support. Cultural Organizations The proposed state cuts in funding for cultural organizations will result in increased pressure on the local governments to make up these shortfalls. Technology Technological advances continues to impact our operations and future planning. From an operational standpoint, during the next year we will have to replace our HP957 enterprise-wide server. This hardware holds approximately 90% of the County's applications and the vendor will not support the system past April, 2002 (due to age). The replacement cost is $100,000. Plans include funding $50,000 for the initial start-up of county-wide E-Government initiatives. The E- Government concept includes Internet and other technologies that provide multiple avenues for citizens to transact business with the county 24-hours a day, seven days a week at the convenience and location of the customer. From a planning standpoint, other technology initiatives would benefit the County a great deal. A $1,000,000 technology reserve would be used to strengthen our infrastructure for future development. Installing a fiber ring (dark fiber) around the county will provide robust communications facilities for future and existing business use. Also, funds could be used for the development of flex office space to attract technology and/or start-up companies to the area. Public Safety The Board's recent approval of 20 new Paramedic/Firefighter positions, the purchase of 2 new replacement pumpers, and g ladder trucks has greatly enhanced the County's ability to provide quality fire and rescue services to our citizens. While these additions strengthen our excellent Career-Volunteer system, additional attention is still needed. The committee developing the allocation plan for the 20 new positions will be bringing a 2 a-~ recommendation to the Board of Supervisors within the next month. We are very pleased that the allocation of these positions will ensure 24 hour ALS coverage in the most needed areas of the county; however, continued population growth, an aging population, and declining volunteer membership will continue to test the limits of our system. We must consider adding additional personnel as the situation dictates. In addition, police staffing will become more and more of an issue as populations shift and grow throughout the county. Just as magisterial districts need adjustment, the police department may need to add an additional patrol district. Currently, a district is composed of 6 officers (and related equipment) and a total cost of $395,000. Economic Development Development of CRT and the marketing of sites to prospective tenants will continue as one of our top priorities. In addition, we must continue to support existing business enterprises and to attract new enterprises (including technology firms). Funding of $75,000 could be set aside to support existing retail areas, most notably Tanglewood Mall. To accomplish many of these goals we must challenge ourselves, not only in the commitment of funds, but how we approach the task of economic development. Partnerships will play an important role in our success. These partners can be other local governments, state agencies, the private sector, and local/regional educational institutions. Respectfully submitted, Brent Robertson Budget Director Approved by, Elmer C. Hodge County Administrator ~~'~ Approved Denied Received Referred To ACTION O Motion by: O O O O VOTE No Yes Abs Church _ _ Johnson _ _ _ McNamara _ Minnix Nickens 4 ACTION NO. ITEM NUMBER ~~ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: Work Session on Courthouse renovations and repairs COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Chairman Minnix asked that we set this time aside, in case a work session is needed, to discuss the staff's request to obtain bids for the Courthouse renovations and repairs. It might be necessary to have another work session when the bids are obtained, and we have a more accurate scope of the work to be done. ~~'~- Elmer C. Hod e County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved () Motion by: Church _ _ Denied () Johnson _ _ _ Received () McNamara- _ Referred () Minnix _ _ To () Nickens _ _ 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY FEBRUARY 27, 2001 RESOLUTION 022701-7 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Minnix to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: ~~'v2~?-cue., l ~.o,,,~, Brenda J. Hol on, CMC Deputy Clerk to the Board of Supervisors cc: File Closed Meeting File ACTION NO. ITEM NUMBER ~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: Work Session on changes in work hour schedules for the Fire and Rescue Department COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION At the February 13, 2001 Board meeting, we discussed this item as part of the review of the Employee Handbook. We want to be sure that everyone understands and supports what we are doing since this will be a significant change as of April 2, 2001. These changes are necessary due to the transition of the Fire and Rescue Department to a 24-hour schedule, and to comply with the Fair Labor Standards Laws. We do not think this will require a lot of time and Chief Burch will have visuals and handbooks at the meeting. Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved () Motion by: Church _ _ Denied () Johnson _ _ Received () McNamara- _ Referred () Minnix _ _ _ To () Nickens _ _ Asa 9Y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 27, 2001 RESOLUTION 022701-8 OF CONGRATULATIONS TO DERECK WILLIAMS FOR AN OUTSTANDING FOOTBALL SEASON AND BEING NAMED TO ALL-STATE FIRST TEAMS, GROUP A WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, Dereck Williams, a senior at Glenvar High School, had an outstanding season on the football team, catching 51 passes for 731 yards, scoring 13 touchdowns; and had 29 kick returns for 719 yards and 3 touchdowns; and WHEREAS, Dereck set all the Glenvar receiving records and was voted by his teammates as a Team Captain; and WHEREAS, Dereck demonstrated his outstanding athletic ability and good sportsmanship throughout the season; and his positive attitude and great leadership will be missed by the Glenvar community; and WHEREAS, Dereck received the following honors during the 2000 season: ^ First Team -All-District -Wide Receiver and Return Specialist ^ First Team -All-Region -Wide Receiver and Return Specialist ^ First Team - V.H.S.C.A. All-State -Wide Receiver ^ First Team - Associated Press All-State -Wide Receiver ^ First Team -All-Timesland -Return Specialist NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to DERECK WILLIAMS for an outstanding football season and being named to All-State First Teams, Group A. 1 BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to Dereck Williams in all of his future endeavors. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: Brenda J. Holt n, CMC Deputy Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File Dr. Linda Weber, School Superintendent 2 ~~ ~-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 27, 2001 RESOLUTION OF CONGRATULATIONS TO DERECK WILLIAMS FOR AN OUTSTANDING FOOTBALL SEASON AND BEING NAMED TO ALL-STATE FIRST TEAMS, GROUP A WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, Dereck Williams, a senior at Glenvar High School, had an outstanding season on the football team, catching 51 passes for 731 yards, scoring 13 touchdowns; and had 29 kick returns for 719 yards and 3 touchdowns; and WHEREAS, Dereck set all the Glenvar receiving records and was voted by his teammates as a Team Captain; and WHEREAS, Dereck demonstrated his outstanding athletic ability and good sportsmanship throughout the season; and his positive attitude and great leadership will be missed by the Glenvar community; and WHEREAS, Dereck received the following honors during the 2000 season: ^ First Team -All-District -Wide Receiver and Return Specialist ^ First Team -All-Region -Wide Receiver and Return Specialist ^ First Team - V.H.S.C.A. All-State -Wide Receiver ^ First Team - Associated Press All-State -Wide Receiver ^ First Team -All-Timesland -Return Specialist NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to DERECK WILLIAMS for an outstanding football season and being named to All-State First Teams, Group A. 1 ,~ e ~- BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to Dereck Williams in all of his future endeavors. M ACTION NO. ITEM NUMBER ~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: Proclamation declaring February, 2001, as School Board Appreciation Month COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION The Virginia School Boards Association designated February 2001 as School Board Appreciation Month, and Governor Gilmore issued a proclamation recognizing the observance. Attached is a proclamation declaring February 2001 as School Board Appreciation Month in Roanoke County. We invited the members of the School Board to attend this meeting to accept the proclamation for all of their efforts on behalf of the school system. Chairman Mike Stovall will be present and Board Member Jerry Canada advises that he may be able to attend. Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved () Motion by: Church _ _ Denied () Johnson _ _ _ Received () McNamara- _ _ Referred () Minnix _ _ To () Nickens _ _ -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 27, 2001 PROCLAMATION DECLARING THE MONTH OF FEBRUARY 2001 AS SCHOOL BOARD APPRECIATION MONTH IN ROANOKE COUNTY WHEREAS, as Virginians and citizens of Roanoke County, we have a responsibility to prepare our children for a successful and fulfilling future, and it is very important to educate all children by increasing knowledge and understanding and developing positive character traits; and WHEREAS, parents are responsiblefortheeducation oftheirchildren,and teachers, principals, and school board members are entrusted by parents to guide, direct and impart knowledge to their children while at school; and WHEREAS, the County School Board members, along with a dynamic team of teachers, set the standard for excellence in Roanoke County's education of its young people; and WHEREAS, School Board members have devoted themselves to providing a high quality education for all students in Roanoke County; and WHEREAS, the citizens of Roanoke County are proud of our educational system and are appreciative of the efforts of the School Board members to make the County's public school system an excellent one to educate our children; and WHEREAS, Governor James S. Gilmore has issued a proclamation recognizing February 2001 as School Board Appreciation Month in the Commonwealth of Virginia. NOW, THEREFORE, BE IT PROCLAIMED that the Board of Supervisors of Roanoke County, Virginia, does hereby, on behalf of its members and the citizens of 1 -.L Roanoke County, recognize and proclaim February, 2001, as SCHOOL BOARD APPRECIATION MONTH in the County of Roanoke, and FURTHER, the Board wishes to express its appreciation to the members of the Roanoke County School Board for their efforts on behalf of the County's public school system. 2 ACTION NO. ITEM NO . J' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: Policies and Procedures to Guide the Redistricting Process in Roanoke County, Virginia COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: This is a public hearing to receive citizen comment upon the proposed redistricting process for Roanoke County. BACKGROUND: A public hearing has been scheduled for this date and time to receive citizen comment upon the redistricting process for Roanoke County, Virginia. Display ads have been published in the Roanoke Times and World News, the Vinton Messenger, Salem Times Register and the Tribune. Letters have been sent to each member of the School Board, the various neighborhood and civic associations, and the NAACP. SUMMARY OF INFORMATION: Attached you will find an outline of the relevant legal standards to be followed in the redistricting process. Included in this outline are several suggested policies to guide this process for your consideration (see section VII). Upon the receipt of citizen comments and your review of these materials, the County Attorney will prepare a resolution incorpo- rating the various suggestions to guide the redistricting process, and submit this resolution to you for your approval and adoption at your meeting on March 13 2001. STAFF RECOMMENDATION: It is recommended that the Board hold the advertised public hearing to receive citizen comment concerning the proposed redistricting process in Roanoke County. G:\ATTORNEY\SPB\REDZS\redispubhearrptOl.wpd 1 s- ~ Respectfully submitted, Paul M. Mahoney County Attorney Action Vote No Yes Abs Approved ( ) Motion by Church Denied ( ) Johnson Received ( ) Minnix Referred Nickens to McNamara G:\ATTORNEY\SPB\REDIS\redispubhearrpt0l.wpd . J V POLICIES AND PROCEDURES TO GUIDE THE REDISTRICTING PROCESS ROANOKE COUNTY, VIRGINIA 2001 I. Article VII, Section 5, Constitution of Virginia A. election districts shall be composed of compact and contiguous territory B. "to give as nearly as is practicable representation in proportion to the population of the district" ("one person - one vote") II. Title 15.2, Chapter 14 and Title 24.2, Chapter 3 A. governing body consist of between 3 and 11 members B. use of most recent decennial census data C. authorizes the use of single-member districts, multi- member districts, and at-large districts, and combinations of these types of districts D. localities authorized to expend local funds for redistricting E. redistricting ordinance and map must be recorded in the official minutes of the governing body III. Effective Date A. take effect immediately (for the November, 2001 elections) B. members of the governing body in office "shall complete their terms of office." (Sec. 24.2-311) IV. "Clearly observable boundary" (Sec. 24.2-305) A. any named road or street, B. any road or highway part of the federal, state primary, or state secondary road system, C. any river, stream, or drainage feature 40 feet or more in width, D. any other natural or constructed or erected permanent physical feature shown on official county, city or town map issued by the State Department of Transportation or on USGS topographical map. G:\ATTORNEY\SPB\REDIS\policiesproceduresotlOl.wpd 1 s-~ E. no property line or subdivision boundary shall be used as a precinct boundary unless it appears as a block boundary on Census map F. each election district and precinct "shall be composed of compact and contiguous territory and shall have clearly defined and clearly observable boundaries." V. Precincts (Sec. 24.2-307, 24.2-310, and 24.2-310.1) A. governing body shall establish as many precincts as it deems necessary B. not less than 100 nor more than 5000 qualified voters per precinct C. composed as nearly as practicable of contiguous and compact areas having clearly defined and clearly observable boundaries D. polling place shall be located within the precinct or within 1500 yards of the boundary E. polling places shall be located in public buildings whenever practicable F. polling places must be accessible to the handicapped and elderly voters VI. Legal Standards A. equal representation 1. measured by population per representative 2. Equal Protection Clause of the 14th Amendment 3. "one person-one vote" 4. "overriding objective must be substantial equality of population among the various districts" 5. "substantial" equality is not exact equality, case law has developed statistical measures of equality and guidelines on what departure or "deviation" from exact equality is permissible; a total deviation under 10% is presumed valid B. Voting Rights Act 1. redistricting plans cannot result in the dilution of minority voting strength G:\ATTORNEY\SPB\REDIS\policiesproceduresot101.wpd 2 ~.i 2. 15th Amendment guarantees that the right to vote cannot be abridged on account of race 3. 14th Amendment protects minority voting rights 4. Voting Rights Act implements and expands on these constitutional guarantees 5. Section 5 - Preclearance a. Each redistricting plan, precinct revision, and polling place change must be submitted to the Department of Justice and precleared before it can be put into effect to conduct an election. b. legal standard to prove compliance: that the change "does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color." 6. Section 2 - results test a. in a court challenge to a voting law or practice, the court determines whether the plaintiffs have an equal opportunity "to participate in the political process and to elect representatives of their choice." (1) is the minority group sufficiently large and geographically compact to constitute a majority in a single-member district, (2) is the minority group politically cohesive, (3) does white majority vote as a bloc to defeat the minority's preferred candidate? 7. Roanoke County received approval by the special three judge federal district court on its bail-out petition. A copy of this Consent Judgement and Decree will be placed on your agenda for formal acknowledgment. VII. Guidelines for Roanoke County A. 5 single-member districts B. Town of Vinton should be contained entirely within one district G:\ATTORNEY\SPB\REDIS\policiesproceduresot101.wpd 3 S-I C. equal population - each district will have equal population based upon the 2000 Census, with no more than a plus/minus 5% deviation between districts D. compact and contiguous - districts should be compact and contiguous, unusual elongations or irregularity of boundaries should be avoided E. clearly observable boundaries - clearly definable and distinguishable boundaries such as streets, rivers, streams, drainage features, or other permanent physical features shown on official maps F. communities of interest - districts should reflect "communities of interest" taking into consideration rural, suburban and urban interests, as well as income and neighborhood characteristics G. minority representation - identify and locate racial or language minorities for establishing districts H. Roanoke County redistricting plan shall be prepared by Roanoke County Registrar Diane St.John, Director of Planning and Zoning Terry Harrington, and County Attorney Paul Mahoney VIII. Timetable A. Notification to neighborhood associations, minority groups, citizens of the redistricting process and timetable. B. February 27, 2001: public hearing on policies and procedures to guide the redistricting process C. Board of Supervisors adopt Resolution on policies and procedures to guide the redistricting process. (February 27, 2001 or March 13, 2001) D. March 31, 2001: receipt of 2000 Census data E. May 2000: Work session with Board of Supervisors on alternative redistricting plans. F. June 26, 2001: 1st reading and public hearing on redistricting ordinance G. July 10, 2001: 2nd reading on redistricting ordinance G:\ATTORNEY\SPB\REDIS\policiesproceduresot101.wpd 4 AGENDA ITEM NO. s ^ APPEARANCE REQUEST PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: ~`` =~ "~ ~ ;, ~ - . I would like the Ch ' -man of the B and of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW,' • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. • The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. • All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. • Both speakers and the audience will exercise courtesy at all times. • Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. • Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the group allowing the individual to represent them. PLEASE PRINT LEGIBLY ND IVE TO THE CLERK TO THE BOARD NAME: ~y~~: ~ ~~~ ' ~ - ~-rt ~ ; __ ADDRESS: ` ~`=' -ae-~~ .r~ ,., PHONE: .~ ~~~ - ==~ `~`~~ ~1~_. ~/ ~- =~ , AGENDA ITEM NO.~ APPEARANCE REQUEST / , ~ PUBLIC HEARING ORDINANCE `' CITIZEN COM NTS SUBJECT: ~ ~ 1Z C V ,~j,~~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/IVES L/STED BELOW,' • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. • The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. • All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. • Both speakers and the audience will exercise courtesy at all times. • Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. • Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO T.HE CLERK TO THE BOARD . ~ ~; ~ ICr~.il ~ S NAME: ~~~~ ~ ,~ f~~C~/ S ADDRESS: ~~ ~~~~ ~ ~ ~~'l` °<'l~ - V~/~ PHONE: %1~~ `"~J L~~ AGENDA ITEM NO. ~~' APPEARANCE REQUEST PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: ~e~,,-S-~c z~-~~'1,~ would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW; • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. • The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. • All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. • Both speakers and the audience will exercise courtesy at all times. • Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. • Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ~ V ADDRESS: ~ `P L s ~"~l~ . ~ ~ L ~ ~,~ ~l ~ ~~j6~ ~~ PHONE: ~~' Cl~ Z ` ~~-~ AGENDA ITEM NO. ~ I APPEARANCE REQUEST .PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: ~ t ~ ' S ~ ~ ~ ~~~ ~v~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW.- • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. • The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. • All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. • Both speakers and the audience will exercise courtesy at all times. • Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. • Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ~ ~ / J Q ~ ~ R S~iZ ~ t-~ ADDRESS: ~ ~J=3 ~ ~ ~• S ~'bZ ~ ~ r~ ~~ PHONE: ~ 6 ~-~ ~/ ~~ /i /~! AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 27, 2001 ORDINANCE 022701-9 TO CHANGE THE ZONING CLASSIFICATION OF A 2.16-ACRE TRACT OF REAL ESTATE LOCATED AT 5422 STARKEY ROAD (TAX MAP NOS. 87.19-2-4 & 5) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1 OFFICE DISTRICT WITH CONDITIONS TO THE ZONING CLASSIFICATION OF C-1 OFFICE DISTRICT WITH CONDITIONS, AND GRANTING A SPECIAL USE PERMIT FOR RELIGIOUS ASSEMBLY, UPON THE APPLICATION OF THE TRUSTEES OF THE KOREAN BAPTIST CHURCH WHEREAS, the first reading of this ordinance was held on January 23, 2001, and the second reading and public hearing were held February 27, 2001; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 6, 2001; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 2.16 acres, as described herein, and located at 5422 Starkey Road (Tax Map Numbers 87.19- 2-4 & 5) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of C-1, Office District with conditions, to the zoning classification of C-1, Office District with conditions. 2. That this action is taken upon the application of The Trustees of the Korean Baptist Church. 3. That the owner of the property, Jack G. Bess, has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, 1 Virginia, hereby accepts: (1) There shall be only one entrance on Starkey Road. (2) Property shall be used solely for religious assembly purposes. (3) Signage shall be no greater than 6 feet in height and have an area of no greater than twenty square feet. Signage shall be front lit. (4) All parking shall be located behind the front line of the existing building. (5) Any lighting on the parking area shall not exceed twenty feet in height. (6) The property will be developed in accordance with the site plan entitled, "Preliminary Site Plan, Korean Baptist Church, New Building, 5422 Starkey Road," prepared by Gozalo Gouffray under the date of November 11, 2001, revised 2/2/2001. 4. That said real estate is more fully described as follows: Beginning at a point at the northwest corner of Lot 5, Section 2, Map of Southern Pines (PB 2, page 138) on the easterly side of Starkey Road (Virginia Route 904); thence N. 35 deg. 56' E. 135.10 feet ;thence N. 31 deg. 10' E. 10.9 feet; thence N. 30 deg. 59' E. 77.60 feet; thence S. 65 deg. 55' E. 412.00 feet; thence S. 24 deg. 05' W. 220.00 feet; thence N. 65 deg. 55' W. 451.90 feet to the Point and Place of Beginning, being all of Lot 3 and Lot 4, Section 2, Map of Southern Pines. 5. That the Board finds that the granting of a special use permit to The Trustees of the Korean Baptist Church for religious assembly to be located at 5422 Starkey Road (Tax Map No. 87.19-2-4 & 5) in the Cave Spring Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved subject to the conditions set out in paragraph 3 above. 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this 2 ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance with conditions, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: Supervisor Johnson A COPY TESTE: ~ / ~~ 7`t/"~- Brenda J. Hol n, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney G:\BOARD\2001\Feb01\2-27korean#9.doc 3 ~; ~' ~ ,l 1. ~.~8 AC. 'Tossing Owners •'ation -~ ~~~~~~~ . ROANOKE COUNTY DEPAPTII~L'NT D~' COMMUNITY D~'V.~'LOPI~.SNT ,, , .,~ ~o~~~ 1 ~~i~~~~~LyA Appdican,t: Trustees ®f Th,e Korean, BaTtist CD~,urc3C .honing: Sroec~,ab Use Tcax Marro No. 87.19-Z-4 & 5 7- PETITIONER: The Trustees of the Korean Baptist Church CASE NUMBER: 1-1/2001 Planning Commission Hearing Date: February 6, 2001 Board of Supervisors Hearing Date: February 27, 2001 A. REQUEST Petition of The Trustees of the Korean Baptist Church, to rezone 2.16 acres from C-1 Office District with conditions to C-1 Office District with Conditions and to obtain a Special Use Permit for Religious Assembly, located at 5422 Starkey Road, Cave Spring Magisterial District. B. CITIZEN COMMENTS No citizens spoke. C. SUMMARY OF COMMISSION DISCUSSION Mr. David Tickner presented the staff report. The Commission discussed the proposed change of use relative to commercial development in the county, and Mr. Robinson and Mr. Ross voiced concern over losing the commercial use. The Commission inquired about the existing sign and whether or not it was considered a monument sign. The staff recommended condition regarding allowable signage, and height and overall area of the monument sign were discussed. Mr. Witt also stated that he would like to see an additional condition that parking lot lighting not exceed 20 feet in height. D. CONDITIONS • There shall be only one entrance on Starkey Road • Property shall be used solely for religious assembly purposes. • Signage shall be no greater than 6 feet in height and have an area of no greater than twenty square feet. Signage shall be front lit. • All parking shall be located behind the front line of the existing building. • Any lighting on the parking area shall not exceed twenty (20) feet in height. • The property will be developed in accordance with the site plan entitled, "Preliminary Site Plan, Korean Baptist Church, New Building, 5422 Starkey Road," prepared by Gozalo Gouffray under the date of November 11, 2001, revised 2/2/2001. E. COMMISSION ACTION(S) _Don Witt made a motion to recommend approval of the rezoning request from C-1 Commercial with Conditions to C-1 Commercial with the proffered site plan and conditions as stated. The motion carried with the following roll call vote: AYES: Witt, Thomason, Hooker NAYS: Robinson, Ross ABSENT: None _Don Witt made a motion to recommend approval of the Special Use Permit application for religious assembly with the proffered site plan and conditions as stated. The motion carried with the following roll call vote: AYES: Witt, Thomason, Hooker NAYS: Robinson, Ross ABSENT: None TI F. DISSENTING PERSPECTIVE Mr. Robinson and Mr. Ross both expressed concern about losing property zoned C-1 Office Commercial to atax-exempt religious Assembly use. Mr. Ross stated that he saw growth along the Starkey Road corridor becoming commercial in nature, and mentioned the adjacent property which was rezoned for use as a day spa in 2000. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map Staff Report _ Other .~~ Terrance arring n, Secretary Roanoke County Planning Commission T~ STAFF REPORT PETITIONER: The Korean Baptist Church CASE NUMBER: 1-112001 DATE: 01/18/2001 PART I A. Summary The request is for a rezoning on two parcels ofi approximately 2.16 acres from C-1 C Office District with conditions to C-1 C Office District with conditions and a Special Use Permit for Religious Assembly. The lots have an address of 5422 Starkey Road. The property is in the Cave Spring Magisterial District and Community Planning Area. In the Community Plan, the property is designated as Transition. Transition areas by definition are more suitable for office, institutional and small-scale, coordinated retail uses. The surrounding environs consist ofsingle-family (attached and detached) residences and a small single-office commercial lot. B. ®escription This is a request by the Korean Baptist Church to rezone 2.16 acres of property located along Starkey Road. Additionally, this is an application for a Special use Permit for Religious Assembly. The applicant is proposing the property be used for a church. The parcels are located in a mostly residential neighborhood with an adjacent small day spa (approved in January of 2000: File 1-2/2000). Several offices and more commercial development are located nearby (within 1/2 mile) along Starkey Road. C. Applicai~le Regulations The proposed rezoning is from C-1 Office with conditions to C-1 Office with conditions. The applicant is proposing a proffer that the property be developed in substantial conformance with the submitted site plan. The proposed use is for Religious Assembly, as defined in Section 30-29-3 of the Zoning Ordinance. Religious Assembly is permitted only by Special Use Permit in the C-1 Office District. According to Section 30-83-9 of the Zoning Ordinance, the following regulations are applicable: Any outdoor activity area, swimming pool or ball field or court which adjoins a residential use type shall be landscaped with one row of small evergreen trees in accordance with Section 30- 92 along the property lines adjoining the residential use type. Where night time lighting of such areas is proposed large evergreen trees shall be required. 2. When a place of religious assembly adjoins a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided between the parking area(s) and the residential use types. Additional requirements include the following: Site Plan review and approval by County Staff, in accordance with Section 30-90 of the Zoning Ordinance, will be required Off street parking, including handicapped spaces, will be in accordance with Section 30-91 of the Zoning Ordinance. 7-1 Screening, landscaping, and buffer yards shall be in accordance with Section 30-92 of the Zoning Ordinance. Building codes may require structural modifications to the existing building to comply with ADA standards. Applicant will need to check with Inspections Department. VDOT will require a commercial entrance permit. PART II A. Analysis of Existing Conditions Use The property is currently used as an office. Location The property is located in the Cave Spring Magisterial District and the Cave Spring Community Planning Area, along Starkey Road, approximately 300 feet from the intersection with Sleepy Hollow Road and 800 feet north of the intersection with South Mountain Road. Lot The property is two lots, comprising approximately 2.16 acres in area. There is an existing home that was converted to an office on the property. The building is set back approximately 70-75 feet from the street. The area in front of and beside the existing building (where the new sanctuary is proposed) starts fairly level then gradually slopes downward approximately 20 to 30 feet towards the rear. Access Current access to the property is from Starkey Road. Surrounding Neighborhood Adjacent land uses consist of (single-family) residences and a day spa/salon. To the north of the property is the day spa and salon. To the east of the property is another residence, separated by a span of between 100-200 feet of open lawn and wooded area. To the west across Starkey Road are several residences on lots approximately '/4 acre in area. To the south are Wexford Place and Cottage Court, townhouse developments. B. Analysis of Proposed Development Property Characteristics The proposal is for rezoning from C-1 Office with conditions to C-1 Office with conditions. The Special Use Permit application is for use of the land for Religious Assembly. While offices are among several uses permitted in the C-1 Office District, the proposal is for Religious Assembly only. The property was rezoned in 1989 for use as an office, and had several conditions attached in order to help the development be more compatible with the adjacent properties. They were as follows: (1) Professional offices with only one entrance on Starkey Road. (2) Property shall be used for professional offices only. (3) Type C screening and buffering shall be provided. (4) Total signage on the property shall not exceed 100 square feet. No freestanding signage shall be allowed on the property. (5) All parking shall be located behind the front line of the house. {6) Total building floor area shall not exceed 6,000 square feet and height shall be limited to 2 %2 stories. T- Site Layout/Architecture The site plan shows the addition of a two-story structure to the north/northeast of the existing building. This is where the sanctuary would be. The dimensions of the new structure would be approximately 50 feet by 87 feet. It has a partial brick fagade. The sanctuary has seating for approximately 70 parishioners. The applicant will utilize the existing building as classrooms/office space for the church. The applicant does not see use of the building as a residence. Parking is proposed at the side and rear of the church. The project is within a portion of the front 2/3 of the lot, with the rear 1/3 remaining as-is. There is no indication of exterior lighting or signage. Access/Traffic Generation The proposed entrance is off Starkey Road. A commercial entrance permit will be required by VDOT. VDOT engineers have commented that, because of limited site distance, an additional entrance will not be permitted on this facility. It is unclear whether the site plan shows the use of the existing entrance; if it does not then the applicant will need to adjust the plan accordingly. According to Section 30-91-9 of the Zoning Ordinance, 1 parking space per 4 seats in the principal place of worship is required. The site plan shows a 70 seat sanctuary, which would require 18 spaces. One handicapped parking space will be required per Section 30-91-3. The petitioners have shown a total of twenty (20) parking spaces on the concept plan. Fire & Rescue: Emergency vehicle rescue time is estimated at four minutes or less. Drainage/Flood lain: A stormwater management basin is not indicated on the conceptual plan. It is unclear at this point if one is needed; a plan will have to be submitted to the Engineering staff. The property is not located in a floodplain district. Screening & 8ufferina: A type "C" buffer will be required on the western side of the lot along the parking area, and on the southern side along the parking area. Because trees exist in some of those areas, the Zoning Administrator may considered these for part or ail of the landscaping requirements. Water/Sewer: Public water and sewer are available to this site C. Conformance with the Community Plan This property is designated Transition in the 1998 Community Plan. Areas designated as such, according to the Plan, are future land use areas that encourage the orderly development of highway frontage parcels. Further, they generally serve as developed buffers between highways and nearby or adjacent lower intensity development. Intense retail and highway oriented commercial uses are discouraged. Office, smaller-scale institutional and coordinated retail uses are more desirable. Favorable land use types include planned office parks, small-scale and clustered retail uses, multi-family residential and single-family attached residential. Institutional uses of this type are also favorable in Transition areas. The Plan also defines land use determinants conducive to transitional areas, and several of these are present for the proposed project. These include a location where limited commercial uses exist, frontage and access to an arterial or collector street, a location which is physically oriented toward a major street, the existence of commercial zoning and availability of urban services (public utilities}. The use as a church could also serve as a logical buffer strip between the commercial use of the day spa/salon and the residential uses below the church. (" Overall, the project appears to be in general conformance with the Community Plan for the uses the petitioner is proposing. However approval of this project would mean that the properties will be taken out of the County tax base. ®. Confiormance with County Development Standard The proposed project could likely comply with the requirements of the Zoning Ordinance, dependent on use type and required parking. Review and approval of site and building plans, VDOT entrance permit, and erosion and sediment control and stormwater management plan will be required. PART III Staff Conclusions This property is designated as Transition in the Community Plan. It is located in a largely single-family residential area, with an adjacent small day spa/salon, and in close proximity to more commercial areas along Starkey Road. The applicant is requesting a rezoning from C-1 Office District with conditions to C-1 Office with conditions, and a Special Use Permit for Religious Assembly .This is allowed in the C-1 Office District with approval of the Board of Supervisors. The Planning Commission and Board of Supervisors in 1989 adopted standards limiting the business on this lot. It appears logical to recommend the same sort of conditions. The applicant has offered the following proffer: The property will be developed in accordance with the site plan entitled, "Preliminary Site Plan, Korean Baptist Church, New Building, 5422 Starkey Road," prepared by Gozalo Gouffray under the date of November 11, 200. ~,,jr . , ~~,; ~ , If the Commission is in support of the change in land use, staff recommends these additional conditions: (1) The project shall have only one entrance on Starkey Road. (2) Property shall be used for Religious Assembly. (3) Total signage on the property shall not exceed 100 square feet. Any freestanding sign shall be monument-type and be no greater than 6 feet in height and have an area of no greater than sixteen square feet. (4) All parking shall be located behind the front line of the existing building. fs the application complete? Please check if enclosed. Ar°UCATiON WILL NGT 8E ACCE:a T ED IF ANY OF THESE (TENS ARE MlSSiNG OR INCOMPLETE. ws v ws v ws v X Consultation X 8 1/2" x 1 1' concept plan X Application fee Application Xr~ ~ Metes and bounds description X Proffers, if applicable Justification ~.,=~ Water and szwer applicaticn X Adjoining property owners l hereby c=airy tear J am either the owner o~ the prepeity or the owner's agent or contract Aurchaser and am acting with tie knowledge and ccnsenr of the owner. ~ owner's Signature: t/ess, t~wner 0~'-~-t~ TnTol P _ ~1? _.- Srsr' ~,'se Cnly: Casa ~-umoer The Planning Commission will study rezoning and speoiai usa permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. P!easa ans•Ner the foflo~r~ing gUeStiOnS aS thOrGUghiV as pOS.ibie. Use addltl4nai Space if RECeS.;ar`~. Pleasa e:oiain how tha request rushers the purpcsas of the ~cning Crdinance (Section 30-3) as ~r~eil as the purpose found at the beginning of the apeiic.able zoning district c:assFfication in the zoning ordinance. The request will allow a piece of property which is presently zoned C1C to be utilized with special use permit for a church facility which is a reasonable use and fits within the intent and purposes of the zoning ordinance for the subject property. Please 2:<piain how the project conforms to the genera! guidelines and policies contained in the ~;eanofce County Comprehensive Plan. The general guidelines and policies contained in the Roanoke County Comprehensive Plan call for appropriate uses of land. The proposed use is compatible with uses within the area which include generally residential properties. There is another church within the immediate area. Please describe the impact(s) cf the request on the prccery itself, the adjoining properties, and the surrounding area, as Weil a5 the impacts On pUGIIC SerVIC25 aril faCllLles, InCiUding Water/Sealer, roads, SChCOiS, parks;recreatlon, and firerrescue. Because the size of the church is relatively small, the impact on water, sewer and roads would be minimal. There would be no impact on schools, parks and recreation. The fire and rescue impact is minimal. ,. - . . Applicant i"rustees of 7Y~e Korean Baptist Church _ ~~ ~R~~~~~s T- ~ The following Proffers are hereby submitted with the request for the Special Use Permit of the Korean Baptist Church Trustees: 1. The property will be developed in accordance with the site plan fora "new sanctuary building and additional parking for Korean Baptist Church," prepared by Gonzalo Gouffray under date of October 23, 2000. Applicant: ~flItEAi`i BAPTIST C~URC~ i ~~~~-~~ BY TRUSTEE ~~-~ ~U STEE ;' 'TRUSTEE ~ J Owner: :~i'~~ ~ %~, ! ~ L ~% ~~~~ / JACK G. BESS % ~~ \\OFNAAOIIDATA\Users\CBaumgardnerlZONING\Korean Baptist PROFFERS.doc November I d, 2000 ~ ~°' ~~~ r a~ ° ~ ~ ~~ ~~ m ~~ ~ a ]~J~~ ~ X ~q ° D ~ \\\\ \ ~V .. 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X,y ~~1. s V "`~ s..., ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Applicant: Trustees of The Korean Baptist Church Zoning: Special Use Tax Map No. 87.19-2-4 & 5 ~~o \~ ~g N O ~~~- ~ } _ _ . ~ t ~ ~ t~~ , i -_-_ \ ttO R~$n -'`_ ~ ~~~ ~g ,~ ~ ~ ~~ ~ ~ _~ ~~, ~ ~~ ~~ ~~~6 ~' ', ~ ~ \ \ ~ \ ~ ~ ®® ~ ~ ry`2~p~ ~~ ~ \ ~ ~ ~ ~ \ \ ~ \ ~~ \\ ~~ ~ R 4 ` `~ d ;g ~ ~ sr ,y ~-~ ~ ~ I 1 =- " ~ ~ p=~g N .. D~ ,s _ `~ ~e R O ~a ~,.o= ~ ~~ d N Y ~o r ttt t ~~~ N ~Ro °- ri r ~~ e ~~ Qe ~~ ~~ sp', W ~~e ol~J '~ ~g ~~ 4 ~~ ~ ~~_ Z ~ ~ Z ~ S ~ Z ~ ~ ~ ~ w- "__ ~a ~ ~~~~s ~ ~ I .~ I 4b0~ J,~y1S ' I ~g~$ ~ I ~~~ ~. ~~~~ ~~~ ~, ~~_~~ ~-.. v,,, ~~ __~ ~ 'r , O d O ^^11 } U U = zQ¢ _ z H ~ ~ ~ ~~> m ~~z z ~NQ Q w d- O z ~ O Q ca ~ z ~~3z~ r~ wd~ Q z='Q Z Q~0 -w ~ Z~~ i J ~ ~ ~ D ~' ~ E 0 ,° _ a 0 A z o g m ,o v ~o d o g; N _ II ,~ _ =o ~~ a_ os Ia• o~ w BINDING EDGE .los ~ 80- ~s9__ Goj io I ~aou` L~j 9 f/CjugL, = 5. 2¢• 05' G1! -" ~Z.ZU. UU 7o dG ~ IIaN ~ //o. 00 //U. 00 ~eo~~ P ~fE Para Coa. coa. ~~t'f.4vm5.Z3°So'6.= E~g~oNEO~S ) I ~ ~~T 2 1~ nor /.05 L~ct?~ ~ O ~~ N 3 ~ Lii/a6,Y .9~ot.~{ G+~A~E ?a1 ~ oT -~ ~ ~ of s 3 SECT/o./ Z ' M.~ o DF ~ ~ Sovj//dRN Gi./Es .gE~o.goeo /./ ~. ~ ~ P. ~. 2 PG. /~B' fl 41 ~ 4 Q al ti ~ V~ In F_./CLO5E0 Po.QL.V p.,iE 5/"oRV Cit~U~ff 9LOL /( iB, f ,S~avSE ("`'( "' 5422 ^3 Vacaur x,~ 119.2 ~ I ~ ~' 40. C O. ~j N W ~ ` ~ "' ro 11 E.1 /~.~ `~. V3 15.24 ~~ 41.i- \ ' Iv 1 \ \yl ,~lb~ Oy 0 o.PE 1 ~%`' 0 r~ ~ ~' f_ 2¢9.1p, c P~ 77 BOR. SL ~sP / yo« v ~ Q~~' N, 30.59 •~c ` !~~ ~ /o, -.-_ / X35. /o . ~ v~ 51.4 rf1< ` R. ~ojE : CgPj.o./ PRoPE'RJ/ /s '~/SE ,t/or• Lo~gj~a /./ q Sf'E'G/AL FL00o Fo,Y~~,~a,Q,Q _ - f/•~zAsfo ,4•q~q Sa OE5/b n/ 1jE0 /3/ T./~ ~~Y va ~q, J`EL~EfA.`fY O.~ .S/O!/Sii1/G A-/O Uff/Tq~/ `~/•~. //9lE 90,¢ OE V EL oP tilE.>/j. PLAT OF suflvcv MADE FOfl ~~ ~ Op ..JOHN M. PEDIGO , AZ~ORNEY ~~~, Yr~C st+oevlN~ ~'FiO:=i~ctiTY os= r. M 1 CHA~L .~. 1`{EATON N.c• PINA S. HEATON ,~ fIAYMOND C. WEEKS ~ /3E/NG Lvfs 3 rt; ~~ .li~tJ-/o,/ 2 ~ it-~dP 0,4 ,Spur/~Efjti' P/.t•E's LAY /Sa~~.,..--( ~.~u,w '~55rZ2 5 -4h'/f~Y f~ogv CERT. Ii O. I ~ 54•I1.3(a)802 0 ~^~. 54~11.3(b))20 w4 F~a.1~/o~E Ca~./T r', VIRGINIA ~/A, y~, ~Y RAYMQNQ ~yW[EH4 •T~T! Ca117111W IAN •uev~roe ~~~ LAND 5 -s•v ~, p~rsl OCT. 9 , 19 ao ec~u~ ~^ ~ to U' ~1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 27, 2001 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 2.16-ACRE TRACT OF REAL ESTATE LOCATED AT 5422 STARKEY ROAD (TAX MAP NOS. 87.19-2-4 & 5) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1 OFFICE DISTRICT WITH CONDITIONS TO THE ZONING CLASSIFICATION OF C-1 OFFICE DISTRICT WITH CONDITIONS, AND GRANTING A SPECIAL USE PERMIT FOR RELIGIOUS ASSEMBLY, UPON THE APPLICATION OF THE TRUSTEES OF THE KOREAN BAPTIST CHURCH WHEREAS, the first reading of this ordinance was held on January 23, 2001, and the second reading and public hearing were held February 27, 2001; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 6, 2001; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the zoning classification of a certain tract of real estate containing 2.16 acres, as described herein, and located at 5422 Starkey Road (Tax Map Numbers 87.19-2-4 & 5) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of C-1, Office District with conditions, to the zoning classification of C-1, Office District with conditions. 2. That this action is taken upon the application of The Trustees of the Korean Baptist Church. 3. That the owner of the property, Jack G. Bess, has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) There shall be only one entrance on Starkey Road. (2) Property shall be used solely for religious assembly purposes. (3) Signage shall be no greater than 6 feet in height and have an area of no greater than twenty square feet. Signage shall be front lit. 1 Tl (4) All parking shall be located behind the front line of the existing building. (5) Any lighting on the parking area shall not exceed twenty feet in height. (6) The property will be developed in accordance with the site plan entitled, "Preliminary Site Plan, Korean Baptist Church, New Building, 5422 Starkey Road," prepared by Gozalo Gouffray under the date of November 11, 2001, revised 2/2/2001. 4. That said real estate is more fully described as follows: Beginning at a point at the northwest corner of Lot 5, Section 2, Map of Southern Pines (PB 2, page 138) on the easterly side of Starkey Road (Virginia Route 904); thence N. 35 deg. 56' E. 135.10 feet ;thence N. 31 deg. 10' E. 10.9 feet; thence N. 30 deg. 59' E. 77.60 feet; thence S. 65 deg. 55' E. 412.00 feet; thence S. 24 deg. OS' W. 220.00 feet; thence N. 65 deg. 55' W. 451.90 feet to the Point and Place of Beginning, being all of Lot 3 and Lot 4, Section 2, Map of Southern Pines. That the Board finds that the granting of a special use permit to The Trustees of the Korean Baptist Church for religious assembly to be located at 5422 Starkey Road (Tax Map No. 87.19- 2-4 & 5) in the Cave Spring Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved subject to the conditions set out in paragraph 3 above. 6. That this ordinance shall be in full force and effect thirty (30) days after its fmal passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. U:\WPDOCS\AGENDA\ZONING\korean.baptist.church.rzn.sup.frm 2 BINDING EDGE Joe ~` 80- X59 Goj /o Aqo~ Ilo~+ //D. pp //0.00 p\-r coy. ~,~qPm 5. 23° 50' ~. = E~~goNEvvS ) raj z ~ ~ ~~ \1 ~ W ~ ~r 3 o~ ,~~~~ t~ W D ~o 4l ti ~ y_ V1' ~ ~r 9 Pyre C o-. ~ pr -~ ~ ~ of ~ ,, ~C.4E SECJ''/o./ z Mq .~ D~ ~ ~ 5o df,V~.4 ~/ Gi.t/E5 H ~ ,gEcoRocfo i./ ~. ~y f'. ,9. z PG. /38 f~OAi/o/S6r Cvu,/fY l~ 1 Cin/n6,q' .fit o~~ ~y-~f{,OGE ?a2 E.+iCL o 5 EO PO~QG .y O,~/E SjaR Y Ci./O~ff ~LOL/( iB. ~ ,~odSE ---- -{ ,v 5412 ~Q ~JACA-1T vim. 119.1 ~1 i ~` 4v. Co.D ^Di ~ O 11 Q.1 /..~ ~! y3 15.d4 \~ V1.{. ~r~~z --~,ol r a ,~, 6.s p /~.s t . ` ~ ~ ~~~ W~d~ ~ 0 _ .~,,~~ , N r ~. SLR ~ i"• l00 co / yon ~ o „~ Q~'~' N. 30 • s9 • ~ I z~ ~ 9 t/ / ,~ 50 Jc f3S. /v TJq /~ vim, i/v/-E % C4.~Tion/ P~oP~'ti'jV /s l'Q'~/~-E-Y i/or" l oc.(TEO /N q SPEC/AL FL oov ~o,~,~~~v-5~~7 „_ -" f~•f lA ff,O .Q~q E,Q $'O/ ~E 5 /b n/4f`.EO /3 / T/./~ ~-'~ Y vq ~„~ S~c~Erq~/ DF ~'YO!/5/NG .4-/c+ 11.4~3.4'~V '~r~: Vj9lE• 90„~ OE"VEL oP~tlENl: i'L..AT OF SURVr'iY MADE FOR J Ot-4t~1 ~h~ P~Dloo , A'c'toRNEY L . r~Y ~w r^9~ j 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 27, 2001 ORDINANCE 022701-10 TO CHANGE THE ZONING CLASSIFICATION OF A 1.31-ACRE TRACT OF REAL ESTATE LOCATED AT 6621 PETERS CREEK ROAD (TAX MAP NO. 27.14-2-12) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1, LOW DENSITY RESIDENTIAL DISTRICT, TO THE ZONING CLASSIFICATION OF R-4, HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT, UPON THE APPLICATION OF JONES & JONES ASSOCIATES WHEREAS, the first reading of this ordinance was held on January 23, 2001, and the second reading and public hearing were held February 27, 2001; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 6, 2001; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 1.31 acres, as described herein, and located at 6621 Peters Creek Road (Tax Map Number 27.14-2-12) in the Hollins Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of R-4, High Density Multi-Family Residential District. 2. That this action is taken upon the application of Jones & Jones Associates. 3. That said real estate is described as Tax Parcel #27.14-2-12. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed 1 i, to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: Brenda J. Ho on, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 2 Ho//ins ~21 _ Riir/in~tnn F/PmPntrrrv ~i7i . ROANOKE COUNTY Applicant's Name: Jones ~c Jones Associates Architects Pc. DEPARTMENT OF Rezoning from Existing zoning R > to R4 COMMUNITY DEVELOPMENT Tax Map No. 27. i4-2-i.2 i .~ PETITIONER: Jones & Jones Associates ~~ e~ CASE NUMBER: 3-212001 Planning Commission Hearing Date: February 6, 2001 Board of Supervisors Hearing Date: February 27, 2001 A. REQUEST Petition of the Jones & Jones Associates to rezone 1.31 acres from R1 Residential to R4 Residential located at 6621 Peters Creek Road, Hollins Magisterial District. B. CITIZEN COMMENTS No citizens spoke. C. SUMMARY OF COMMISSION DISCUSSION Mr. David Tickner presented the staff report. The Commission expressed concern over the number of residential units that could be placed on this and the adjoining R-4 Residential property if the rezoning were approved. The effect that the number of units would have on Peters Creek Road was discussed. Mr. Witt and Mr. Robinson voiced concern regarding the VDOT statement that a new median cut would not be allowed. This could create a bottleneck at the entrance to the property in the morning when a majority of the traffic would need to head west on Peters Creek Road, and would need to go east on the road first before taking a u-turn. The Commission also discussed with the applicant the nature of the existing access easement and possible additional access for the rear property. D. CONDITIONS None E. COMMISSION ACTION(S) _Todd Ross made a motion to approve the request for rezoning from R-1 residential to R-4 residential. The motion carried with the following roll call vote: AYES: Thomason, Hooker, Robinson, Ross NAYS: Witt ABSENT: None F. DISSENTING PERSPECTIVE Mr. Witt stated that amulti-family project with this parcel and the adjoining parcel would have a significant negative impact on the traffic along Peters Creek Road. He expressed concern over overall traffic flow and safety without a median cut or other remedies. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other y Terrance'~Harrin F n, Secretary Roanoke County Planning Commission r~ STAFF REPORT PETITIONER: DATE: Jones and Jones Associates 01 /19/2001 CASE NUMBER: 3-2/2001 PART I A. Summary The request is for a rezoning on a parcel of approximately 1.31 acres from R-1 Low Density Residential to R-4 High Density Multi-Family Residential. The lots has an address of 6621 Peters Creek Road. The property is in the Hollins Magisterial District and Community Planning Area. In the Community Plan, the property is designated primarily as Development with a small portion along Peters Creek Road designated as Transition. Development areas by definition are where most new neighborhood development will occur, including large-scale planned developments which mix residential and office uses. The surrounding environs consist of a broad mix of office and general commercial uses and multi-family residential. B. ®escription This is a request by Jones and Jones Associates to rezone 1.31 acres of property located off Peters Creek Road. The applicant anticipates using this parcel to give street frontage to the landlocked parcel behind this one which is currently zoned R-4 Residential. The parcel is located in a mixed use neighborhood with offices, general commercial uses and multi-family residential uses in close proximity. C. Appiicai~ie Regulations The proposed rezoning is from R-1 Low Density Residential to R-4 High Density Multi-Family Residential. The applicant has no specifiic use in mind or development plans at this time. The following requirements are applicable: Site Plan review and approval by County Staff, in accordance with Section 30-90 of the Zoning Ordinance, will be required, Off street parking, including handicapped spaces, will be in accordance with Section 30-91 of the Zoning Ordinance. Screening, landscaping, and buffer yards shall be in accordance with Section 30-92 of the Zoning Ordinance. Building codes may require structural modifications to the existing building to comply with ADA standards. Applicant will need to check with Inspections Department. Most residential uses in this zoning district have additional individual development standards as set forth in Article IV of the Zoning Ordinance. Dependent upon the amount of land disturbed, an E & S plan may be required and permit obtained. PART II A. Analysis ofi Existing Conditions Use The property is currently used as a residence. Location The property is located in the Hollins Magisterial District and the Hollins Community Planning Area, on the south side of Peters Creek Road, approximately 1250 feet from the intersection with Williamson Road, Route 11, and 600 feet from the intersection with South Barrens Road, and Burlington Elementary School. Lot The lot is a pipestem lot, with approximately 30 feet of frontage on Peters Creek Road. There is an existing home on the lot. The building is set back approximately 300-350 feet from the street. The lot slopes gently upward from Peters Creek Road, to less than 20 feet above grade. There are some trees interspersed throughout the lot, with most being behind the house. The house itself has been identified and surveyed in the Roanoke County Historical Architectural Reconnaissance Survey Report (Survey File Number 80- 402). It was likely constructed between 1820 and 1830. However, the home was not one of the structures recommended for the National Register of Historic Places. The owner has not indicated what he intends to do with the home in the event the property is someday developed. Access Current access to the property is from Peters Creek Road. Surrounding Neighborhood Adjacent land uses consist of a mix of commercial and residential. To the north of the property across Peters Creek Road are Stritesky's Flowers, the Hollins Library and Oakley Funeral Home. To the east of the property is Plaza Auto Sales on Peters Creek Road and a residence behind that. To the west of the property is Northpark Business Center, an office complex. Further east is Putt Putt Golf and Games, an animal hospital, and Market Square North. Directly south of the lot is a vacant 9 acre parcel zoned R-4 Residential. Peters Creek Apartments and Burlington Elementary School are nearby and to the west/southwest. Zonina The property is zoned R-1 Low Density Residential. The house to the west is also zoned R-1 Low Density residential. Plaza Auto Sales is zoned C-2C General Commercial with conditions, as are Northpark and Putt Putt Golf and Games. The vacant land to the south is zoned R-4 High Density Multi-Family Residential. The properties across Peters Creek Road are all zoned C-2 General Commercial, as well as all lots from the animal hospital to Williamson Road. B. Analysis ofi Proposed ®evelopment Property Characteristics This is an existing pipestem lot, with the house set back approximately 350 feet from Peters Creek Road. There is a gradual incline from the road up to the house. The lot shares a common lot line along the existing R-4 zoned property to the rear of 235 feet. Access/Traffic Generation Any existing or future entrance utilizes Peters Creek Road for access. VDOT has offered the following comments regarding the proposed rezoning: It is possible that sufficient sight distance is not available to allow a commercial entrance for this project at the location shown. 2. There is no crossover at the entrance to this site. Anew crossover wilt not be allowed even if a new commercial entrance is approved. T~ 3. If a new commercial entrance is permitted, a right turn lane reflecting the proposed level of development will have to be constructed to the site. Construction of this turn lane may require dedication of additional right of way along Route 117. Future issues may need to be resolved with VDOT and County staff if and when a development plan is submitted. Fire & Rescue: Emergency vehicle rescue time is estimated at six minutes or less. Drainage/Flood lain: No stormwater management plan has been submitted. In the future a plan may have to be submitted to the Engineering staff for review/approval. The property is not located in a floodplain district. Screening & Buffering: Dependent upon the ultimate use of this property, a type "C" buffer may be required on the western side of the lot that adjoins the existing residence zoned R-1. Water/Sewer: Public water and sewer are available to this site. The Engineering department has offered the following comments regarding the proposed sanitary sewer easement at the bottom of the pipestem: 1) The construction must meet Roanoke County Standards. 2) The line must be centered in the easement (it is shown to one side of the easement). 3) If the portion of the sewer on the adjacent parcel 27.14-2-11.1 is to be dedicated to Roanoke County, it will need to be a minimum diameter of 8 inches and the easement shown to the last manhole. C. Conformance with the Community Plan This property is designated Development in the 1998 Community Plan. Areas designated as such, according to the Plan, are future land use areas where most new neighborhood development will occur. This includes large-scale planned developments which mix residential with retail office uses. Cluster developments are encouraged as is the use of greenways and bike and pedestrian trails. Favorable land use types include conventional and cluster residential, multi-family and planned residential development and planned community developments (with a mix of office parks and shopping centers and supporting retail). The Plan also defines land use determinants conducive to development areas, and all of these are present for the proposed project. These include adequate public facilities capacity, access utility availability, and environmental capacity (location where natural land features, including topography, provide optimum opportunity for residential development). Overall, the proposed rezoning appears to be in general conformance with the Community Plan. D. Conformance with County Development Standard The proposed project could likely comply with the requirements of the Zoning Ordinance, dependent on use type and required parking. Review and approval of site and building plans, VDOT entrance permit, and erosion and sediment control and stormwater management plan will be required. PART I I I Staff Conclusions T- a This property is designated as Development in the Community Plan. It is located in a mixed use environment with a combination of general commercial, office and denser residential uses. The uses allowed in the R-4 High Density Multi-Family zoning district are generally favorable uses in the Development land use designation. Although a specific use is not proposed, the applicant has stated that this property could be used to provide street access to the 9 acres on R-4 zoned land to the rear. Staff does not find reasons to deny this rezoning application. COUN~"Y OE ROANOKE DEPT. OF PLANN]NG AND ZONING 3738 Brambleton Ave. SW P.O. Box 29800 Roanoke, VA 24018 (703) 772-2068 FAX (703) 772-2030 For staff use only date received: received by: application fee: ,~~, _ PClBZA date: .: placards issued: HOS data: -- _~ °:;~ Case Number: J ,.~ :~ ~ ,.~ 3 _ 2l Z ;ii i?; iii;i;iii iii?;';3 Check type of application filed (check all that apply): CK7 REZONING ^ SPECIAL USE ^VARIANCE Applicant's name: JONES & JONES ASSOCIATES ARCHITECTS PC Phone: 366-3335 Address: 61 2 0 PETERS CREEK RD . , ROANOKE , VA . Zip Code: 2 4 01 9 Owner's name: BEVERLY M. HITE Phone: 563-2796 Address: 661 5 PETERS CREEK RD. , ROANOKE, VA. Zip Code: 2401 9 Location of property: Tax Map Number: 27,14-02-12 & DB253, PG362 6 6 21 PETERS CREEK RD . Magisterial District: HOLLINS Community Planning Area: HOLLINS Size of parcel (s): Existing Zoning: R1 1 .31 acres Existing Land Use: RESIDENTIAL sq.ft. Proposed Zoning: R4 Proposed Land Use: RESIDENTIAL Foi Staff Use Only Use Type: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES X NO IF N0, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? YES X NO IF N0, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being proffered with this request? YES NO _ ,~,,::,,,;::,i,,i:,,:,,,,,i,i,,:,,i,,,,;,;;,,,;,,,,,,,;;;,i:,,,;,,,1;:,:::,;i,,,1,1;:i::,,::,,,,1,,,,,;,::,;:,:;:_,:,,,:::,;,1:,;,,:;:;:,,,~;; Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: !s the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/S V R/S Y R!S V Consultation 8 1 l2" x 1 1 " concept plan Application fee Application `'~~. Metes and bounds description '~~ Proffers, if applicable Justification ~~?^~ Water and sewer application Adjoining property owners l hereby certify that l am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. >G / Owner's Signature: rte' For Staff Use On/y: Casa Number I .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:~~:.ff:.:.;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;.:.:.:.:.:.:.:.:.:.:pp:.:.:.~~:!:.`ll:pp.:.:pp.:~~.:.YY:.;~~.:.:.:.:.;.;.;.;.:.;.;.;.;.;.;.;.;.:. ,:.:. :w;• ..:~ . ~ ~I1ir..; ...,.:.':.'• . •:.. .,• ......'...., '...~.~'•,.:'~F~~4~Lf!.X:~~L:~'~ :•hi.~~~xK!s~l~~{F ~~t~ ~ .................. . ~ ~ }~J~~'7'~. Q..,~~'. ~}{ • .-~T`.::i`4'~i~,iii;i~';iiii`iiiiEi ::i ..zlt~'-.7Y;~~~ttf-fi~F~...,.:~~~,;~ti~~,M3I1!:!,~,:~,r7.. ..:.....:................. :.....:...'~.'~;•,.,.....,.,..;,.,;;.,;..,;.;,;,;...;,c.,;,;,..;,... ,.;,;,..;.;.;.;,;,;,;.;.;,;.;.;,.. Applicant BEVERLY M. RITE The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-31 as well as the 'purpose found at the beginning of the applicable zoning district classification in the zoning ordinance. it I ATTACHMENT A Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Comprehensive Plan. ATTACHMENT A Please describe the impact(sa of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation, and fire/rescue. ATTACHMENT A L U i .. ATTACI-IMENT A HITE REZONING DECEMBER 20, 2000 THE PURPOSE OF THIS REQUEST IS TO BRING THIS PARCEL OF LAND INTO CONFORMANCE WITH THE COUNTY COMPREHENSIVE PLAN AND THE SURROUNDING PROPERTIES. THE PROPERTIES SURROUNDING THE SUBJECT PROPERTY HAVE BEEN ZONED C2CS, C2, AND R4. THE REZONING OF THIS PROPERTY WILL BRING IT INTO CONFORMITY WITH THE AREA PROPERTIES. THE WILL BE NO IMPACT ON THE PUBLIC FACILITIES AS THIS PROPERTY IS CURRENTLY SERVED BY PUBLIC UTILITIES. Ho//ins Library ~\ N~ r.~ i Riir/in~rtnn F/PmPntnrv ROANOKE COUNTY Applicant's Name: Jones & Jones Assoctiates Architects Pc. DEPARTMENT OF Rezoning from Exist~,ng zoning R> to R4 COMMUNITY DEVELOPMENT Tax Map No. 27.14-2-12 Ta AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 27, 2001 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 1.31-ACRE TRACT OF REAL ESTATE LOCATED AT 6621 PETERS CREEK ROAD (TAX MAP NO. 27.14-2-12) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1, LOW DENSITY RESIDENTIAL DISTRICT, TO THE ZONING CLASSIFICATION OF R-4, HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT, UPON THE APPLICATION OF JONES & JONES ASSOCIATES WHEREAS, the first reading of this ordinance was held on January 23, 2001, and the second reading and public hearing were held February 27, 2001; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 6, 2001; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the zoning classification of a certain tract of real estate containing 1.31 acres, as described herein, and located at 6621 Peters Creek Road (Tax Map Number 27.14-2-12) in the Hollins Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of R-4, High Density Multi-Family Residential District. 2. That this action is taken upon the application of Jones & Jones Associates. 3. That said real estate is described as Tax Parcel #27.14-2-12. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. U:\WPDOCS\AGENDA\ZONING\jones.jones.rzn.frm ~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 27, 2001 ORDINANCE 022701-11 TO CHANGE THE ZONING CLASSIFICATION OF A 3-ACRE TRACT OF REAL ESTATE LOCATED AT 5679 FRANKLIN ROAD (TAX MAP N0.98.02-2-14) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AR TO THE ZONING CLASSIFICATION OF C-2CVOD, WITH CONDITIONS, UPON THE APPLICATION OF MI SUK PERRY WHEREAS, the first reading of this ordinance was held on January 23, 2001, and the second reading and public hearing were held February 27, 2001; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 6, 2001; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 3 acres, as described herein, and located at 5679 Franklin Road (Tax Map Number 98.02-2- 14) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of AR, Agricultural District, to the zoning classification of C-2CVOD, General Commercial District, Clearbrook Village Overlay District. 2. That this action is taken upon the application of Mi Suk Perry. 3. That Mi Suk Perry, as contract purchaser of the property, has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The property shall only be used for a retail candy store and catering 1 operation. (2) All commercial activities shall take place within the existing home on the property. Any additions or exterior renovations to the home for commercial purposes shall be consistent with CVOD zoning standards and CVOD Design Guidelines as contained in the Community Plan. (3) A site plan shall be submitted for approval prior to the commercial use of this property. The site plan shall comply with all requirements of the CVOD. If in the opinion of the zoning administrator, the site plan does not comply with the standards, the zoning administrator shall require that a special use permit be obtained for the use pursuant to Section 30-58-3 of the zoning ordinance. 4. That said real estate is more fully described as follows: Beginning at a point on the west right-of-way line of U.S. Route 220, common corner to property now or formerly owned by Richard H. Fisher, said point being S. 50 deg. 24' 44" E. 62.81 feet from an existing monument; thence with the Fisher line, S. 56 deg. 36' 40" W. 423.30 feet to a point on the line of property now or formerly owned by Betty F. and Michelle Kidd; thence with the Kidd line, N. 8 deg. 59' 20" W. 500.00 feet to a point corner to property now or formerly owned by Lizzie Inez Simmons; thence with the Simmons line, N. 75 deg. 08' 02" E. 228.60 feet to a point on the west right-of-way line of U. S. Route 220; thence with the west right-of-way line of U. S. Route 220, the following two courses and distances: S. 11 deg. 26' 06" E. 112.33 feet to a point and S. 47 deg. 22' 52" E. 112.33 feet to a point; thence continuing with the west right-of-way line of U. S. Route 220 and a curve to the left with a radius of 1225.92 feet and a chord bearing and distance of S. 38 deg. 23' 15" E. 170.18 feet, an arc distance of 170.32 feet to the Place of Beginning and containing 3.00 acres as shown on survey by Jack G. Bess, CLS, dated July 9, 1996, recorded in Deed Book 1514, page 78. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this 2 ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance with conditions, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSTAIN: Supervisor Johnson A COPY TESTE: ~~ Brenda J. H on, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 3 ' N ~ ,r YD7" u 68. -; ` 5u05 Suncr st ~' S L~ t ~ ; ,~ N 5.534 1 g4.6 Water ~o. ~' ~s,;,~ °1 ~ 160.g2 y J ~ ~, Ul N 153.43 136.6 ~ ~~ ~' ~ ~ ~ . 2 ~ ~ W ,.~ r' J 1 11 ~ - ~~O o",5L~8 ~ ~ 176.68 'v'im / ~ . ° ~ 5 3 . 177.58 ~ l ,' 'a~, 74S s 31.42 ~ ~-~ 8 61.2 ..._- ~ ~ 1.09 Ac ~ ' - o rs ~ 5 6 . ~ w 86951 S 702 ~~ 43.17 200 (j'F24 '~'~ O~' 9825 w 6' h ~0 190.5 132,0j ^ V 5 . N 8847 .p .r,~ -14.43 ~~. .~' ~6Z,1 , r 174, 105.73 • " 158.83 f -' 8542 ~ 5 9 . 6 Q . W 130 22.36 8n'U5 6822 ro o"a34 E ~7 1 160 156.23 47.23 125.53 ~~ 9~® ~q, OGJ 7 Aso Ss3. •~s 8638 ~- . 2.58 Ac. Sa.1 4.08 Ac. ROANOKE COUNTY Applicants name: Mi Suk Perry DEPARTMENT OF Rezoning: Proposed Zoning C2 COMMUNdTY DEVELOPMENT Tax Map No. 98.02-2- 94 iT-a .~ PETITIONER: Mi Suk Perry CASE NUMBER: 4-2/2001 Planning Commission Hearing Date Board of Supervisors Hearing Date: A. REQUEST February 6, 2001 February 27, 2001 Petition of Mi Suk Perry to rezone 3 acres from AR (Agricultural Residential) to C-2CVOD for the purpose of operating aretail/catering operation located at 5679 Franklin Road in the Cave Spring Magisterial District B. CITIZEN COMMENTS Mr. Mike Wray spoke to the Commission requesting information on the nature of the use, the proposed proffers, and the standards for home occupations. He concluded his comments by stating that with the suggested proffers, he supported the use and welcomed Ms. Perry to the Clearbrook community. Mr. Watson Simmons spoke to the Commission advising the Commission of the flooding problems in the area and stated that the pipes/culverts on this property were too small and contributed to upsteam flooding on his property during periods of heavy rain. C. SUMMARY OF COMMISSION DISCUSSION Commission members asked Ms. Perry if she was fully aware of the potential high cost of converting this property to a commercial use, including the cost of access improvements, and the costs associated with converting a residential use to a public commercial use. Ms. Perry indicated she was aware of the costs. The Commission asked Mr. Harrington if Ms. Perry could use the property as a residence and as a location for a home occupation, without making improvements to the property. Mr. Harrington stated that if Ms. Perry resided on the property, she could operate a home occupation, but would be very restricted in the scale and nature of the use. Mr. Thomason expressed some concern with approving the request without a proffered concept plan. Mr. Witt asked Ms. Perry if she was in agreement with the suggested proffers. Ms. Perry said she was in agreement, and would sign the proffers after purchasing the property the week of the February 12t" D. PROFFERED CONDITIONS The property shall only be used for a retail candy store and catering operation. 2. All commercial activities shall take place within the existing home on the property. Any additions or exterior renovations to the home for commercial purposes shall be consistent with CVOD zoning standards and CVOD Design Guidelines as -{' contained in the Community Plan. f i 3. A site plan shall be submitted for approval prior to the commercial use of this property. The site plan shall comply with all requirements of the CVOD district. If in the opinion of the zoning administrator, the site plan does not comply with the standards, the zoning administrator shall require that a special use permit be obtained for the use pursuant to Section 30-58-3 of the zoning ordinance. E. COMMISSION ACTION(S) Mr. Witt moved approval of the request with the suggested proffers. Ayes: Hooker, Robinson, Ross, Thomason, Witt Nays: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Terrance rring on, Secretary Roanoke County Planning Commission T3 STAFF REPORT PART I PETITION: Mi Suk Perry PREPARED BY: Terrance L. Harrington FILE NO.: 4-212001 DATE PREPARED: 01 /26101 A. EXECUTIVE SUMMARY This is an unconditional request to rezone a 3 acre parcel of land along Franklin Road in the Clearbrook area of Roanoke County. The proposal is consistent with the 1998 future land use map. Lack of proffers or a proposed site plan prohibit the staff from fully evaluating the impacts of this request. Approval of the request should be contingent upon receipt of proffers controlling the scale and nature of the use. B. DESCRIPTION This is a petition of Mi Suk Perry (contract purchaser) to rezone a three acre parcel located at 5679 Franklin Road from its current designation of AR (Agricultural Residential) to C2 CVOD (General Commercial; Clearbrook Village Overlay District) The property is designated Transition in the 1998 Community Plan, and was included within the "Secondary Area" when the design guidelines for Clearbrook Village were recently amended to the Plan. The purpose of the rezoning is to allow the existing single family dwelling on the property to be used for a retail operation; specifically a candy store. According to the applicant, the operation will be primarily a catering operation. No proffers have been submitted as part of this request. If approved as C2CVOD, any use allowed in this zoning district will be allowed, provided all district development standards and all design standards are met for the building and site. The property is located in the Cave Spring Magisterial District. C. APPLICABLE REGULATIONS If approved as C2CVOD, any by-right use allowed in the CVOD will be allow on the site provided all development and design standards are met. 2. A site plan will need to be submitted and approved prior to converting the property to any commercial use. This site plan will need to meet all of 73 Roanoke County's general standards, and all of the specific standards of the CVOD. 3. VDOT will need to issue a commercial entrance permit prior to any commercial use being approved for this property. PART II A. ANALYSIS OF EXISTING CONDITIONS 1. Topography- the front portion of the site, including the location of the existing home, is relatively flat. The rear portion of the site, behind the home, rises sharply from Route 2200 2. Vegetation- Scattered vegetation and landscaping cover the front half of the site, The rear of the site, behind the home is generally wooded. 3. Existing Physical Development/Access- A single family home, constructed in 1967, exists on the site. The home is served by a single gravel driveway that provides access to the site, and intersects Route 220 near the northern edge of the property. There is no median cut serving this property. Vehicles exiting this site, that wish to travel north, must go southbound on Route 220. There are several substandard median cuts in the Route 220 median, just south of the site. These cuts can be used for u-turns for vehicles wishing to travel north. Northbound vehicles that wish to enter this site, must continue northbound past the site and use the first median cut to gain access to the southbound lanes 4. Surrounding Neighborhood -The surrounding neighborhood is a mixture of vacant agriculturally zoned land, residential uses and very scattered commercial/industrial uses. Vacant land zoned AG-1 lies east of the property, across Route 220. This property is very steep, and appears to be undevelopable. Directly north of the property there is a large parcel the land zoned AR. A single family home exists on this site. Farther north, multiple properties are developed for commercial uses and zoned C2CVOD. South of the property, vacant property is zoned AG-1 . The property directly west of this site is a vacant large acreage tract zoned AG-1 . 5. Drainage - The front portion of this property contains a 100 year floodplain. The floodplain is a clearly identifiable feature of the site. A portion of this 7-"3 floodplain has been channeled (with culverts installed), creating a "front yard" and allowing the existing driveway to cross the floodplain. A neighboring property owner has advised the staff that the culverts are inadequately sized and are occasionally blocked by debris resulting in an upstream detention of water onto neighboring properties during periods of heavy rain. 6. Utilities -Public water and sewer and not currently available at this site. Roanoke County has no plans to extend utilities to this area. The house is currently served by a private water supply and septic system. B. ANALYSIS OF PROPOSED DEVELOPMENT 1. Site Plan - An existing property survey of the site has been submitted with this request. No proposed site plan has been submitted. The applicant has advised staff that she intends to use the existing house for the commercial business, and intends no major changes to the property, other than upgrading the appearance of the home. 2. Architecture/Building code -The architecture of the home is typical of ranch homes constructed during the 1960's. Any changes to the architectural style of the house would need to be consistent with the general design guidelines for Clearbrook Village as contained in the Community Plan. Because the home is proposed to be converted to a commercial use and open to the public, applicable building codes will apply to the conversion. 3. Traffic Generation/Access -Traffic generation from the proposed retail use/catering business is expected to be very minimal based upon the nature of the use and size of the home. VDOT concurs that the proposed use would not contribute significantly to the existing 25,000 ADT on Route 220. Other types of retail operations and other C-2 uses can generate significantly higher amounts of traffic. VDOT's review of this request has concluded that sufficient sight distance may not exist to allow a commercial entrance permit at this location. They have also commented that the proposed commercial use will not be allowed a nevv median cut to serve the site. Thus, commercial traffic exiting the site must initially travel southbound, and northbound Route 220 vehicles will not have direct access to the property. Finally, VDOT has stated that construction of a right hand turn/deceleration lane may be required as a Petition: 3 File No.: ~~ condition of granting a commercial entrance permit for this site, and the existing driveway's connection to Route 220 will need to be improved to VDOT standards. 4. Utilities -The applicant has no plans to extend utilities to this site. The Virginia Department of Health will need to approve plans for water supply and sewage disposal prior to the commercial conversion of this property. 5. FireiRescue - The Fire and Rescue Department has commented that approval of this request will not impact the provision of fire and rescue services to the property. C. CONFORMANCE WITH COUNTI( COMPREHENSIVE PLAN The 1998 Community Plan designates this property as Transition on the future land use map. As such, office uses and well designed, small scale commercial uses are deemed to be appropriate land uses. The proposed use of this house and property as a candy store/catering operation would be consistent with this future land use designation. In December 2000, the County amended the Community Plan to include the Design Guidelines for the Clearbrook Village Overlay District. These design guidelines provide a comprehensive set of policy standards that new development must meet .Any physical changes to the building and or site must meet these policy standards. PART III STAFF CONCLUSIONS This property was considered to be included within the CVOD when the Planning Commission and Board of Supervisors considered the adoption of the district last December. At that time, the Commission did not recommend inclusion of this property within the CVOD because of its location along Route 220, and its physical separation from the core CVOD area. The property was included within an area deemed suitable for the application of the Clearbrook Village Design Guidelines. (i.e., Secondary Area). By its conclusion within the secondary area, the County has concluded, by policy, that any commercial development on the property should be consistent with all CVOD development standards in the zoning ordinance Petition: 4. File No.: and should be consistent with the Clearbrook Village Design Guidelines contained in the 1998 Community Plan. Because this request is unconditional, and because there is no site development plan, the staff believes that it is difficult to fully evaluate the compliance of this request with the CVOD standards and policies. It is also not possible to fully evaluate the impacts of this rezoning on the community. Because the request is unconditional, any of the CVOD by-right uses could be permitted on the site if this request is approved. Many of these uses would have a significantly greater land use impact than the proposed catering/candy store operation in the existing home. In order to insure compliance with the CVOD standards the staff believes that this request should not be recommended for approval unless the owner of the land voluntarily proffers the following conditions: 1 . The property shall only be used for a retail candy store and catering operation. 2. All commercial activities shall take place within the existing home on the property. Any additions or exterior renovations to the home for commercial purposes shall be consistent with CVOD zoning standards and CVOD Design Guidelines as contained in the Community Plan. 3. A site plan shall be submitted for approval prior to the commercial use of this property. The site plan shall comply with all requirements of the CVOD district. If in the opinion of the zoning administrator, the site plan does not comply with the standards, the zoning administrator shall require that a special use permit be obtained for the use pursuant to Section 30-58-3~of the zoning ordinance. Petition: 5 File No.: County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 772-2108 1~~r Staff Use Onlv Date received: Received by: AoPiicacion fee: l~ls PC/BZA date: ~ ,~ ~ ^ ~ Placards Issued: I BOS date: . £:~ ,~. Case Number I ~M~~ ~ ~'~ ~ ~3 fiLL APPLIC.~.VTS Check type of application filed (check all that apply) ~ Rezoning O Special Use O Variance Phone: ~~ ~~~ - ~ ~'~'~~-- Applicants name/address whip 1 .7 ''T'~ ~~ t ~ / •+i-~,y F`~` 1V o i'', '- ~ . }J r ff ({ ,~(~~ r y )f j ¢ ..~~{{ .n .~i'f ~.~ J ~:.~ f/f ~ '`;TT.~ .'~'~ t..~/ ~.~ L.JJ~._ Jl 4Y ~.+~~~3'~a`~/Or'LtG !~' ~rZ~+ ' c/~~ % !~7 . / ~ / ~ ~ ~ Owner's name/address w/zip Phone PAUL N. & BRELVDA A. LYNSKEY Fax No. Y Property Location Magisterial District: CAVESPRING 5679 FRANKLIN ROAD Community Planning area: CLEARBROOK Tax Nlap No.: 98.02-2-14 Existing Zoning: p~ Size of parcel(s): Acres: ~ ~_ Existing Land Use: R1J R.EZ~NING .-AND SPECI~~L ~ SE PERMIT :IFPLICaNTS (R,!S) ~ Proposed Zoning: C-2 RETAIL SP..LES 'I` ~''~ Proposed Land Use: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes O No O IF NO, A VARIANCE IS REQZJIRED FIIZST. Does the parcel meet the minimum criteria for the requested Use Type? Yes O No O IF NO, A VARIANCE IS REQiJII2ED FII2ST If rezoning request, are conditions being proffered with this request? Yes O No O V~1RL~VCE' APPLIC.~'VTS {~ Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: _ _t __~_ :r ,._,.~,.,,,.a A not Tr" A TTftN WT7 T N(1T RF'. A (' ('`F.P'f`El~ IF ANY OF is the applteanon eomptetes riGU~c ~ttc~n a cu~.i~o~.u. ITENIS ARE MISSING OR INCOMPLETE. THESE R/5 V R!S V R/S V Consultation 8 1/2" x 11" concegt plan Application fee ~ Application Metes and bounds description Proffers, if applicable 3ustification Water and sewer application ~ Adjoining property owners I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the Imowledge and consent of the owner. ~ 7 ;j/ %~--~.~. ,,-~-, I'',"~ aL~~_ r ~.Lc~~ner's Signature '~% J'US'~FICATIQP~t F!C~R REZONING- OR SPECIAi., t7SE PERMi"(' REQUEST applicant MI SUK PERRY The Planning Comtnission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3} as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. SEE ATTACHED Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. SEE ATTACHED ~~~ Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. SEE ATTACHED 1) This request will be a continuation of the approved overlay of the ~ ~° Clearbrook Community. The intent of purpose is to be rezoned for a Candy Store, which will be making horr~emade chocolate candy with high quality packaging. The zoning will change from residential to commercial. The traffic will not change significantly. vVe will mainly be a catering operation. Parking will not change dramatically. We should only need 3 or 4 spaces, which are already present. The appearance will be upgraded prior to the opening of the store. The appearance will compliment the surrounding area. Landscaping will be upgraded and the house will have attractive decor. 2) The zoning will change from the current residential to commercial. If exterior changes are required they will match the Clearbrook overlay as to the improvements needed. The site will be improved before opening for business. The guidelines required will be met accordingly. 3) The rezoning will not impact the adjoining property. There are no close neighbors on either side of this site. The site is served by private water and sewer. There will be no impact on public services. If necessary, the entrance will be designed according to VDOT's requirements. There will be no impact on schools, fire or rescue, parks or recreation. ~~~~ _ v ` 85151 w 1 w - w - -. ry ~1 N O ~_~ \ Suncr st ~ ~ ~•.~ ~ ~ ~ ~.: 0.92 134 ~- Water o. - ~ ~ - ~~ 16 ~~ `° 136.6 ` c',~ -' in v' ~ ~ U1 N 153.43 ~ w ~J ~ ~ 9 . ~ `~ w w (~ Owi 00~ p~ N rt N~~ - 93 4~-~ ~ ~ ~ ~ ac0+ i 11 r ~7. ~ ,- ~~ ~ -;~~~;~,~ ~ .~ ~,~.~:~~ 110 ~ ... - ,~ c°*' o v".5rJ8 - ,~ 176.68 ~ ~ ~° v~ 1 ~ . ~, ~ c.l 3 . 177.56 ' 6,~ lgs 31.42 ~ w V 1.09 Ac _ ~ s3 s1.2 'o d ., ~ 6 . ~~s ._-- ~'; ~ 5 Fj . w a6r5o1 X02 ~~ 43.17 200 ~ X5524 ~,~o,• ha25 ~ ~' ~0 19.5 132.01 ~ ~ . N ;564 r .a ~ti: .19.43 ~~ ~~. r6?' 1 105.73 174. ,~ ~,7 • - 158.83 m ~~ F ~ ~ 58. W 59. ~ 60. 6,: <f' w 130 22.36 5n'>~9 ~E?2 N 'ia"v'~` f 'or 1 160 t 56.23 47.23 125.53 '~~ ~`~(~ r--1(~ \\\,~ `'t ~~ ~~ ROANOKE COUNTY Applicants name: Mi Szck Perry DEPARTMENT OF Rezoning: Proposed Zoning C2 COMMUNITY DEVELOPMENT Tax Map No. 98.02-2-14 r-3 1~! 1'~/ ~b~~J by: b~ 74b.iiiybl ro UGI'i l Vf~ f L:1 f VVIYIA i~t_n~ .••.~ - .• C V /S Y G M -....,, ?D ,4o.aNOKE /'] .~7 ~'AU. 1Z 25 92' ~. ~. !"~ 7`E:. ~ G. ~ ARC . t?O 32 ~j-~A,~I,K`L/N ~G1Ad ~R/W VAF2~65~ ~,uQ .S3B'2~ 15 "E /7Q.J~' ~ ~ 7 / . ~~ '~ m ~' 'h J ' I J ' ~ `~~ ' I ~ i ~ Q r ~~ (a5 , _~ 4~~ ~ o ~ Pi~l al , 1 ~" ! ~ ~~O° o~ f ~ ~ T ' " ~ ~ ~ S~~G'~ p~ ~ ~ ~7~U~e ~S,!/+ 70w ~ ? ~ , . ~ ~ U~d~..~,y:a• o J! O~-1 ~I ~ ,Q~. ~~`,~-{, a ~ ~ r ~ vG ~ ~ ~ ~ rr ! ~ ~2•• ~ 5~ ~ /a RC' !70.37 k ~~ N5 , ,.. r4,i' ,lo ,~~ ~ tinyd, y~ '~ eti'°,r ,,~ a T pl rl ~ ! Z, 3 ~ F~ ~ ' ~ ~ ~.~~.~~ // oTo/'~1 ^~ y\ ~ ~~~~_1 rr. raecK Yom" 1~ ?a~f" ~¢r ~~ / a. w.c. ~wc6 ..r- 1 ~ ~~ ~ ~ ~ i ~ // ~a ~..\ T ~ ~~ Sc ?s B4Kh olr~~~ - s ~N4 I .~,\.` \ ~~ ~~~ F1~2 ~L ~ N. SFfi9 ~ / ~. ~~ LL~ti,Tt1p4.7oae, ~.~• FBI 4j ~ `~" ~~-~~ r ` ~ _ ~- 1~ ~ a Y C d •~ W .t, ,~ ~~ r~~~ ~,~~~cp ~4 . ~4 q• ~~~E E ~ ~ ! i~ [;?CaTc"L'? f.~/ t LJOL7 ,~DNE ~~ ~ '~'Up (]cS~'c;};v4TEC? 3Y 7•,~E 5ECRE~af?Y QF Hf?ilS/NG .4h'~ (,i/~t'B.aN DF_.V>/Lr~PM~~'~tT =ci-iair -4'E'FERe/wi=~ YE'R', PG ;wv iHfA~'i v b i !c_.c, A'?~ . X15 ,:. ~ ~ ~ ~ N ~ ~~ ~ Q 4 ~ 4 '~ a ~• 4a~ ~~ ~ ~ ~ ~ CC ~ Q O~~ P i r.-: pain 11/. ,Lv~y~~~~, Il ~ B~END.a L v~s~~w i7F ,A 3.00 ~iCRE PARCEL .S1TUA7E O~/ T,~/~ WEFT S;QE ~F ~,RQ,vXLIN Roap BE;'n.G .4 PoR7;on! p~' Th'E ~4.GZ ACk'E rR~cT CU,vvEV~4 Y.a f~cJ,~'G~,' GB.~vn1~~ ~, QO AG~_~.~ 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 27, 2001 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 3-ACRE TRACT OF REAL ESTATE LOCATED AT 5679 FRANKLIN ROAD (TAX MAP NO. 98.02-2-14) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AR TO THE ZONING CLASSIFICATION OF C-2CVOD, WITH CONDITIONS, UPON THE APPLICATION OF MI SUK PERRY WHEREAS, the first reading of this ordinance was held on January 23, 2001, and the second reading and public hearing were held February 27, 2001; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 6, 2001; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 3 acres, as described herein, and located at 5679 Franklin Road (Tax Map Number 98.02-2-14) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of AR, Agricultural District, to the zoning classification of C-2CVOD, General Commercial District, Clearbrook Village Overlay District. 2. That this action is taken upon the application of Mi Suk Perry. 3. That Mi Suk Perry, as contract purchaser of the property, has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The property shall only be used for a retail candy store and catering operation. (2) All commercial activities shall take place within the existing home on the property. Any additions or exterior renovations to the home for commercial purposes shall be consistent with CVOD zoning standards and CVOD Design Guidelines as contained in the Community Plan. U:\WPDOCS\AGENDA\ZONING\peny.rzn.frm 1 T3 (3) A site plan shall be submitted for approval prior to the commercial use of this property. The site plan shall comply with all requirements of the CVOD. If in the opinion of the zoning administrator, the site plan does not comply with the standards, the zoning administrator shall require that a special use permit be obtained for the use pursuant to Section 30-58-3 of the zoning ordinance. 4. That said real estate is more fully described as follows: Beginning at a point on the west right-of--way line of U.S. Route 220, common corner to property now or formerly owned by Richard H. Fisher, said point being S. 50 deg. 24' 44" E. 62.81 feet from an existing monument; thence with the Fisher line, S. 56 deg. 36' 40" W. 423.30 feet to a point on the line of property now or formerly owned by Betty F. and Michelle Kidd; thence with the Kidd line, N. 8 deg. 59' 20" W. 500.00 feet to a point corner to property now or formerly owned by Lizzie Inez Simmons; thence with the Simmons line, N. 75 deg. 08' 02" E. 228.60 feet to a point on the west right-of--way line of U. S. Route 220; thence with the west right-of--way line of U. S. Route 220, the following two courses and distances: S. 11 deg. 26' 06" E. 112.33 feet to a point and S. 47 deg. 22' S2" E. 112.33 feet to a point; thence continuing with the west right-of--way line of U. S. Route 220 and a curve to the left with a radius of 1225.92 feet and a chord bearing and distance of S. 38 deg. 23' 15" E. 170.18 feet, an arc distance of 170.32 feet to the Place of Beginning and containing 3.00 acres as shown on survey by Jack G. Bess, CLS, dated July 9, 1996, recorded in Deed Book 1514, page 78. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. U:\WPDOCS\AGENDA\ZONING\perry.rzn.frm 2 AGENDA ITEM NO. T~ 3 APPEARANCE REQUEST PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: T' ~ _ ~ g ~ ~ Y Sfo ~-t, would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD- /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW-- • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. • The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. • All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. • Both speakers and the audience will exercise courtesy at all times. • Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. • Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: i ~,e. rg y ADDRESS: ~~ ~~ ~ 0 (.,J I ~ tt PHONE: ~g ~'~ ~ S'~ ~~ ijj -,- f AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 27, 2001 ORDINANCE 022701-12 TO CHANGE THE ZONING CLASSIFICATION OF A PORTION OF A 1.94-ACRE TRACT OF REAL ESTATE LOCATED IN THE 7700 BLOCK OF BENT MOUNTAIN ROAD (PORTION OF TAX MAP NO. 95.01-1-45) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AR TO THE ZONING CLASSIFICATION OF AV, AND GRANTING A SPECIAL USE PERMIT WITH CONDITIONS FOR THE OPERATION OF A GARDEN CENTER, UPON THE APPLICATION OF TRACY A. BRYANT WHEREAS, the first reading of this ordinance was held on January 23, 2001, and the second reading and public hearing were held February 27, 2001; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 6, 2001; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate being a portion of a 1.94-acre tract and containing 0.763 acres, as described herein, and located in the 7700 block of Bent Mountain Road (Portion of Tax Map Number 95.01-1-45) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of AR, Agriculture/Residential District, to the zoning classification of AV, Village Center District. 2. That this action is taken upon the application of Tracy A. Bryant. 3. That said real estate is more fully described as follows: Beginning at an iron pin found on the southern right-of-way of Bent Mountain Road (Route 221), said point being the northwest property corner of the now or formerly Roanoke County Board of Supervisors (DB 1475, page 646, Tax Map No. 95.01-1-46); thence leaving said right-of-way and with the western 1 line of said Roanoke County Board of Supervisors S. 26 deg. 43' 40" E. 84.95 feet to a point in the center of Back Creek; thence continuing with the centerline of said Back Creek S. 15 deg. 12' 39" W. 61.67 feet to a point; thence continuing with the centerline of said Back Creek S. 33 deg. 28' 41" W. [S1.31] sic feet to a point; thence S. 48 deg. 35' 18" W. 120.47 feet to a point at the intersection of the centerline of Back Creek and the centerline of Martin's Creek; thence leaving said Back Creek and with the centerline of Martin's Creek N. 73 deg. 52' 42" W. 91.16 feet to a point; thence N. 84 deg. 43' 52" W. 70.79 feet to a point on the said southern right-of-way of Bent Mountain Road (Route 221); thence leaving said Martin's Creek and continuing with the southern edge of said right-of-way N. 48 deg. 24' 30" E. 340.54 feet to the Point of Beginning, containing 0.763 acres of land. 4. That the Board finds that the granting of a special use permit to Tracy A. Bryant for the operation of a Garden Center to be located in the 7700 block of Bent Mountain Road (Portion of Tax Map No. 95.01-1-45) in the Windsor Hills Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1) The ten-foot planting strip shall be provided adjacent to Bent Mountain Road right-of-way. Within the planting strip, one small evergreen tree shall be planted every ten linear feet. The landscaping requirements shall comply with the requirements contained in Section 30-92. (2) There shall be no sale or storage of fertilizers, pesticides or petroleum products on the site. (3) As part of site plan review the limits of the FEMA designated flood way shall be established by a Virginia licensed surveyor or engineer and permanently marked on the ground. (4) No equipment or products shall be stored in the FEMA designed flood way. (5) As a part of site plan review a Virginia licensed engineer shall prepare a plan designed to prevent bulk products stored on the site from encroaching into the FEMA flood way. (6) No temporary portable signs may be used on the property. 2 (7) Only a monument sign shall be used as a freestanding sign. The sign shall have a maximum height of seven feet and no greater than 28 square feet of copy area. (8) There shall be no grinding, chipping or processing of mulch, raw wood or other product on this site. (9) There shall be no wholesale distribution or sale of products from the site. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor McNamara to adopt the ordinance with conditions, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None A COPY TESTE: 7`~~-' Brenda J. Hol n, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 3 <R2s ~~..~_ ~., .. ,.^M \~ ti• ROANOICE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Applicants Warne: Tracy A. Bryant Zoning: Special Use & Rezoning A/Y Tax Map No. 35.01-1-45 PETITIONER: Tracy A. Bryant "~ CASE NUMBER: 3-2/01 Planning Commission Hearing Date: February 6, 2001 Board of Supervisors Hearing Date: February 27, 2001 A. REQUEST This petition is a request to rezone a portion of a 1.94-acre parcel from AR to AV and request a Special Use Permit for the operation of a Garden Center in the 7700 block of Bent Mountain Road. The site is designated as Village Center in the 1998 Community Plan and is in the Windsor Hills Magisterial District. B. CITIZEN COMMENTS Mr. Marty Harbin from 7793 Bent Mountain Road spoke in support of the request. C. SUMMARY OF COMMISSION DISCUSSION Mr. Witt and Mr. Robinson had concerns about the floodplain and floodway. Ms. Hooker raised a concern about the recently graded site. Mr. Thomason inquired about the storage of bulk product on the site. The Commissioners questioned Mr. Bryant about the proposed operation of the business. D. CONDITIONS 1. The ten-foot planting strip shall be provided adjacent to Bent Mountain Road right of way. Within the planting strip, one small evergreen tree shall be planted every (10) ten linear feet. The landscaping requirements shall comply with the requirements contained in Section 30-92. 2. There shall be no sale or storage of fertilizers, pesticides or petroleum products on the site. 3. As part of site plan review the limits of the FEMA designated floodway shall be established by a Virginia licensed surveyor or engineer and permanently marked on the ground. 4. No equipment or products shall be stored in the FEMA designated floodway. 5. As a part of site plan review a Virginia licensed engineer shall prepare a plan designed to prevent bulk products stored on the site from encroaching into the FEMA floodway. 6. No temporary portable signs may be used on the property. 7. Only a monument sign shall be used as a freestanding sign. The sign shall have a maximum height of seven (7) feet and no greater than 28 square feet of copy area. 8. There shall be no grinding, chipping or processing of mulch, raw wood or other product on this site. 9. There shall be no wholesale distribution or sale of products from the site. E. COMMISSION ACTION(S) Mr. Thomason made a motion to approve the rezoning and Special Use Permit. The motions carried 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: ~ Concept Plan ~ Vicinity Map ~ Staff Report _ Other ~~° Terrance Ha ngto ecretary Roanoke Cb~unty Planning Commission STAFF REPOR'T' PETITIONER: Tracy A. Bryant CASE NUMBER: 3-2/2001 A. EXECUTIVE SUMMARY PREPARED BY: John Murphy DATE: Fehruary 6, 2001 PART I ~y This petition is a request for a rezoning from AR to AV, with a Special Use Permit for the operation of a Garden Center. The property is designated as Village Center in the 1998 Community Plan. The property is located in the 7700 Block of Bent Mountain Road in the Back Creek Community Planning Area and Windsor Hills Magisterial District. B. DESCRIPTION This request is to rezone a portion of a 1.94-acre parcel from AR to AV and request a Special Use Permit for the operation of a Garden Center. The portion of the property involved with the request is the area between Martins Creek, Back Creek and Bent Mountain Road. The property is located in the 7700 Block of Bent Mountain Road. C. APPLICABLE REGULATIONS The Roanoke County Zoning Ordinance defines a Garden Center as: Establishments or places of business primarily engaged in retail or wholesale (bulk) sale, from the premises, of trees, shntbs, seeds, fertilizers, pesticides, plants and plant materials primarily for agricultural, residential and commercial consumers. Such establishments typically sell products purchased from others, but may sell some material which they grow themselves. Typical uses include nurseries, plant stores and lawn and garden centers. Garden Centers are permitted in the AV Agricultural/Village Center District with the approval of a Special Use Permit. The Use and Design Standards for a Garden Center include: A ten-foot planting strip shall be provided adjacent to any public street right-of--way. Within the planting strip, one large deciduous, large evergreen or small deciduous tree shall be planted every thirty (30) linear feet. Such plantings shall comply with the landscaping requirements contained in section 30-92. 2. The storage and/or display of goods and materials in the required planting strip shall be prohibited. When adjoining a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line adjoining the residential use type. Site plan review shall be required to insure compliance with County development standards. Engineered plans shall be required to establish FEMA floodway limits. ~~~ VDOT will evaluate the site for commercial entrance standards and turning lane requirements. PART II A. ANALYSIS OF EXISTING CONDITIONS Location -The subject property is located in the 7700 block of Bent Mountain Road. The applicant is requesting the rezoning and Special Use Permit only for the area between Bent Mountain Road and Back Creek. The portion of the property between Back Creek and the rear property line would remain AR. Mr. Bryant currently lives in a house at the rear of this property. Topo~raphy/Ve~etation -The location of the pad for the Garden Center is generally flat and is approximately ten (10) feet below grade of the Bent Mountain Road right of way. The pad has been cleared of vegetation but the north and south sides have some mature vegetation. There are mature hardwood and evergreens on both sides of Back Creek. A large portion of the parcel is within the F.E.M.A. 100-year flood way and flood plain. Surrounding_Nei~hborhood -There is a house adjacent to this property to the southwest. To the southeast is a vacant parcel owned by the Roanoke County Board of Supervisors. Both of these parcels are zoned AR. Across Bent Mountain Road is atwo-story, frame, I-house that was inventoried in the Department of Historic Resources resource survey in 1991. The structure was constructed circa 1870 -1890. The survey indicated no specific historic significance to the structure. Immediately adjoining this house is a vacant commercial building that is zoned AV. Across Bent Mountain Road to the northeast is the Forest Edge subdivision that is situated significantly higher than the subject property. ?~. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture -The property is situated on the lower side of Bent Mountain Road. The front of the parcel, which is subject to the rezoning and Special Use Permit, is generally flat and situated between Martins Creek on the southeast and Back Creek to the south. There is an existing gravel driveway from Bent Mountain Road to a one-story house, a cabin and garage near the rear of the parcel. The driveway crosses Back Creek with a bridge to serve the residences. The concept plan indicates several areas of bulk storage for mulch and topsoil on the level area adjacent to Bent Mountain Road. There is no reference to any strictures being constructed for the proposed use. The access drive would need to be reconstructed to meet VDOT requirements. Roanoke County Engineering staff has indicated that all products stored or displayed on the site must be outside of the floodway as mapped by FEMA. Access /Traffic Circulation -The existing driveway is not suitable as a commercial entrance. Bent Mountain Road (State Route 221) is classified as a Rural Minor Arterial with an estimated traffic count of 3100 average daily trips. The proposed use should not make a significant impact on traffic volume. VDOT has indicated that sufficient sight distance exists for a commercial entrance but a right turn lane may have to be constructed to the site. VDOT will make formal comments when engineered site plans are submitted. The posted speed limit at the proposed entrance to the site from Bent Mountain Road is 55 mph. There is no existing center turning lane or deceleration lane at the proposed entrance. ~~ Business Operation - Mr. Bryant plans on operating a garden center on the portion of the property between Back Creek and Bent Mountain Road. The primary focus of the business will be the bulk sale of products such as mulch, topsoil and decorative stone. There maybe some seasonal sale items such as Christmas trees. The primary user of his products should be the neighbors in the community. The anticipated traffic generation would bepick-up trucks and vehicles with utility trailers. It is not anticipated that the business would focus on wholesale purchases of products from the site. The mulch would not be chipped or ground on this property. The topsoil and other products will be processed at a location in Roanoke City and delivered to this property for sale. No business structure is proposed with this operation. Mr. Bryant has indicated that alaser-triggered buzzer will prompt his attendant to assist arriving customers as they enter the site from Bent Mountain Road. The attendant lives in a second house at the rear of this property beside Mr. Bryant. As the buzzer is activated the attendant will approach the customer on the area of the property subject to the rezoning and Special Use Permit. Mr. Bryant has indicated that there is no intention to use the AR zoned portion of the property in conjunction with the business. Fire & Rescue/Utilities -The site is not served by public water or sewer. Fire and Rescue services will continue as presently served. C. CONFORMANCE WITH COUNTY COMMUNITY PLAN The subject property is designated as Village Center in the 1998 Roanoke County Community Plan. This is a future land use area which serves as the commercial and institutional focal point of surrounding rural residential and farming establishments. By nature, the majority of commercial and institutional activities in Village Center areas are designed, scaled and marl~eted to best serve the product and service needs of the residents from the surroundmg rural areas. Suggested land use types in the Village Center areas are agricultural production and services, convenience retail and rural highway retail. These uses should be clustered in a village design that compliments the rural surroundings. D. CONFORMANCE WITH COUNTY DEVELOPIVIENT STANDARDS Engineered site plans shall be submitted to Roanoke County and VDOT to insure compliance with all development standards. VDOT will make formal comments related to the entrance once plans are submitted. PART III A. STAFF CONCLUSIONS In the Back Creek Community Planning Area the Village Center focal point is generally the Bent Mountain Road corridor. The rural residential developments that have occurred in past years generally feed into this corridor for access to schools, health care, churches and neighborhood commercial centers. The remodeling and addition to the Back Creek Elementary School, the architectural design of the Back Creek Family Practice as well as the remodeling of the Back Creek Auto & Home Center (formerly Jake's Garage) create a village motif that may be appealing to the passing neighbors and motorists. Gradually facilities along Bent Mountain Road are transitioning into the esthetically pleasing Village Center concept that is encouraged in this Community Plan. Directly across the street from the site of the proposed rezoning and Special Use Permit is the house that the community refers to as the "old Ferguson House". This structure built in the mid to late 1800's and has been recently remodeled to project an attractive addition to the Back Creek Village Center. The applicant is requesting a rezoning and Special rv Use Permit to operate a Garden Center on the front area of this property. The applicant has supplied a concept plan that describes the outdoor storage and stockpiling of bulk garden supplies such as topsoil and mulch with the possibility of adding decorative stone in the fixture. The applicant has indicated that the sale of small plants and trees is not part of his immediate business plan but that the seasonal sale of items such as Christmas trees maybe possible. Staff has concerns about ±he quantity of bulk material stored on the site and any possible adverse visual impacts this may have on the community. A primary concern is the expansion of the operation beyond the limits of the proposed site into the floodway or adjoining AR zoned area. In addition the Community Plan encourages the preserving and possible improvement of water quality in creeks and streams. The County Drainage Engineer will require all items to be stored outside of the limits of the floodway to reduce the possibility of the bulk products mingling in Martins Creek or Back Creek which surround the proposed display pad for the garden center. Staff will recommend several restrictive conditions to attach to the Special L`se Permit for this request, should the Planning Commission make a favorable recommendation. The ten-foot planting strip shall be provided adjacent to the Bent Mountain Road right of way. Within this planting strip, one small evergreen tree shall be planted every ten (10) linear feet. The landscaping requirements shall comply with the requirements contained in Section 30-92. 2. There shall be no sale or storage of fertilizers, pesticides or petroleum based products on the site. 3. As part of site plan review the limits of the FEMA designated floodway shall be established by a Virginia licensed surveyor or engineer and permanently marked on the ground. 4. No equipment or products shall be stored in the FEMA designated floodway. As a part of site plan review a Virginia licensed engineer shall prepare a plan designed to prevent bulk products stored on the site from encroaching into the FEMA floodway. 6. No temporary portable signs maybe used on the property. 7. Only a monument sign shall be used as the freestanding sign. The sign shall have a maximum height of seven (7) feet and no greater than 28 sgLiare feet of copy area. There shall be no grinding, chipping or processing of mulch, raw wood or other product on this site. 9. There shall be no wholesale distribution or sale of products from the site. County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P O Box 29800 Roanoke. VA 24018-0798 (540) 772-2068 FAQ (540) 772-2108 For Statf Use Unty Date received: Received by: __ ~. Application lee: PCIBZA date: Placards issued: BOS date: ._ Cse Number "~. -... r-y ALL <fPPLICANTS _ Check type of application filed (check all that apply) f,7 Rezoning ~' Special Use O Variance n , - ~._. applicants name/address w/zip ~ ~~=~ ~~ ~~'~' ~~''~~ Phone: ~ ~'~`' "~' ' ~ ±/,~ , ~~ Fax No. _~~~~ ~ Owner's name/address w/zip ~t,;,_~L~,' C.'~-:~ ~ Phone '3 ~~-'"~~ ~'~ _ ~~ (,. 6(,~ ~ .. /_ Fax No. _ '7 :'l LPL ~ ~~~.;;: ~ ~A(.1 ~^- ~ , i.~ `"-$ , ~`d~ i ,i e° j~ a ~ ~ i ;J `l ~ , „ ,..., - ,,. 7 Property Location Magisterial District: ;(~;',~~ ~~;~;; t%'; j ~.~ /~)~ e ~ j \y'~Ag1 [~' Community Planning area: .~ 1'~ / ..~ ~ ~~ C..~ix ~~f t~ .Y ?..._ 7~ ~'Sr 1 ~ ft: S\{ a~~ . .., . J Lr Tax Nlap No.: ~, ~._ r , " "' Existin Zoning: ~ ~a.~ r ~-~ g ~ ~- ' Size of parcel(s;): Acres: ~ Existing Land Use: ~i , ~,/L; ~=, ;~~,. '~.-t`~;I~~._C'r'' REZONING.=IND SPECIAL USE PERMIT .~PLICANTS (R/S) Proposed Zoning: ~~~" Proposed Land Use: ~ , r~:~~; = , ~ ~~ ~_ ~ ;'° .,r-- (,,_Y:~;,~;~ r .;: ~' ~ ~ ~ _ f. (' Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? ' Yes ~' No O iF NO, A VARIANCE IS REQURED FIItS'I . ~,r O " N ' o ' Yes ~ Does the parcel meet the minimum criteria for the requested Use Type IF NO, A VARIANCE IS REQUIRED FIl2ST / ~' If rezoning request, are conditions being proffered with this request? Yes O No i i VARIANCE APPLICANTS (~ Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: _ ~,n.T ~T~m a~ A!''('Ti"ATFTI TF ANT f1F Is the application complete? Please check t> encloseti. ~rrLa~.~iavty vria.,L ~.~~ LL n~~L- -~~- ~- ~~~~- ~- 'ru~SF ITEMS ARE LvIISSING OR INCOMPLETE. R'S V R/S ~ V R,'S V ~ ' 8 ll2" x ll" conce t lan ~ APPlication fee Consultation L ~ p p .l~~ Application ,, Metes and bounds description ', ~~ Proffers, if applicable ,,, ~ ' Justification ,r~i" r Water and sewer application i/ Adjoining property owners I hereby certify that I am either the owner of the property or the owners agent or contract purchaser and am acting with the Irnowledge and consent of the owner. ,~ ~.-~-~..-~ :,,,~~-'',..-~%'..~-,`.~,,:--~-""-'_'`' Owner's Si;nature . ~ December 18 2000 ~~~ To whom it may concern, The purpose of this letter is to serve as a statement of justification for partial rezoning of property located at 7796 Bent Mt. Rd.(tax # 95.01-1-45). My name is Tracy Bryant. I, along with my wife and three children live at the above location. For the last fourteen years we have been renters. We are now in the process of purchasing the property. On the property there is a lot adjacent to Rout 221. It has long been my desire, to sell mulch and topsoil at this location. Having been in the excavating business for over twenty years, I have the experience and skills to bring this concept to reality. The lot is currently zoned AR. At present it is vacant, except for weeds. It is my intent to make it neat and attractive. Because the nature of the business I wish to operate is landscape oriented the lot will remain in keeping with its natural surroundings. The area is surrounded by a buffer of trees that will remain undisturbed. It is my understanding that I will need to have this lot re-zoned AV, with a special use permit for a garden center. It seems to me that this would be feasible, as there are two properties across the street that are currently zoned AV. I feel that this business would be a great connivance to the residents of Back Creek as well as those up Bent Mountain, in the maintenance and upkeep of their own property. I feel that this concept fosters the sense of community that is so prevalent in this area. It is also i.n keeping with the culture, in that gardening and farming are closely akin. The idea that ones land can also provide for his livelihood, is one that this country was built on. I hope it will be so in my case. This plan calls for no buildings to be built, therefor water and sewer are not at issue. I have consulted, onsite, with Butch Workman and he sees no negative effect that this plan will have on the creek. I have also consulted, onsite, with Aaron Shearer (VDOT). He feels that the site is appropriate for VDOT to grant an entrance permit. We are currently in the application process. I hope that this letter and concept plan will serve you with the information you need to make your decision. I look forward to working with you in this process. Sincere Thanks and Holiday Wishes, Tracy A. Bryant ~~` /` ~- - ~~., ,. ,~. JLTS'~II'ICATiC~N li<'OR REZONING OR'S~ECiAL USA I'£BIVLIT RI1QT~~ST Applicant ' ,'--~ '_ f ,.r:,w _ The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please e;tplain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. -" >, ~ ~, .,..,..... ~, .... r w .. v.. . .., ~ a '~" to s M .=, _ ~ 4 ...- t ~ , ~. .:, . ~ , .. ,~,.. .. t~ .. ,., .. ...- _ ~ ~. . c, s :' :~ • .~ ,,...,,. , ,• I ,r. .. _ ~_ , ~~ ry it ~ .. .. . ~ ` -... .. .. _ v Please e:~plain how the project coriforms to the general guidelines and policies contained in the Roanoke County ~ ., ,. ~. .. ~,., ~.. - , Community Plan. ~ .. r ,~ -- t r:' ,~ ~„ ' r r u, .~ y J~ ,11 r 9i 'r~ p) I,~- -4 y/ ft H ~ .ry :. ,., Please describe the impact(s) of the request on the property ttseu, sic au~~uiuig ~ivyci~.~~, ~..u u.~ ~~~„u~~uu.~ ~~u, ~~ well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and ~ire~,,and rescue. ,~ ~-^ ~ .j = ..~ ~u91 ;;, ...,...., -" } t} ``~ ` r~C~""_ ~ i'? r°' ~ ~- u'. _. c!..`n''' ~, ~ / (~C i-.i F~'c J1 ~,,. ~ ..~ ~ -rV,; f ~l M . ^~ j `';~ _. J"~ ~ G.., r ~w "' .:';~ r"~ '~`Q~ k`L`x.- 2+ - ".;7 " _„ .._ ', v7 ~ ? f t ; ~' 4.~ J' w f +. ,y Gr .... 5.~ ~" 3~.+ Vi q 9 '~"~ .Vi ~ .ter v .. ~ .Si ._:3 - ~ -...- ry r ..~ . ""l" '.' 7 ,i.:~ ,J Gn ^?„ ~(~' ~\~ ~~ ~~Q %~, ?-'°~ '~~~ `~: ~~ J ~~2 S ~ ~~ s ~ ~' D M 6, CP ~ '~ M ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Applicants Warne: Tracy A. Bryant Zoning: Special Use & Rezoning A/V Tax Map No. 95.01- >-45 ... _ ~, ~_ r-v S it~'M1~t ARKTr D kAR~'N~, ~i ~ ~ . 2 ~ ~ ~ Rau ~ rc.t `~yti o3A~9~o+-viol y~ ot~ol~fd~o3 - - -- - -` so~o-~i ~ Z a tJ 4A' 24' '90~ t "'~' ~F~~ r71L1+U( t,RASS AREA ~ / `may _ _.... ..._. .- -- "". ~ .~ (,RA1/~L '•~ -~ ,,. c'~t~ ......r--- ~x i _,~._,.,~• ... d ••~ 1.9 ~~ ~, •~ ~ /~'I•, r,~r r , __.~~~ ~ _ --_, o ' 9~~ ~ ~• ~ s' .~ ~jd BACK CREEK MULCH AND TOPSAIL pRQPOSED$Y~ TRACY A• eRl'NMT/A'~`~ , t~r~, ~ ~ ,~i`, ALL pRgPf~TSES 3N 12LLgGE CEM~ LAND Utz ice. ~Yi CA~ ft00~~ ,_... e ~fy`~ A I ~= ~® ,~ 8 ~~ ~ _~ _ ~~y ~,. 'zr ~ A k ~//,~ 1 ~~~~ ..' i ~° T-Y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 27, 2001 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A PORTION OF A 1.94-ACRE TRACT OF REAL ESTATE LOCATED IN THE 7700 BLOCK OF BENT MOUNTAIN ROAD (PORTION OF TAX MAP NO. 95.01-1-45) IN THE WINDSOR HILLS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AR TO THE ZONING CLASSIFICATION OF AV, AND GRANTING A SPECIAL USE PERMIT WITH CONDITIONS FOR THE OPERATION OF A GARDEN CENTER, UPON THE APPLICATION OF TRACY A. BRYANT WHEREAS, the first reading of this ordinance was held on January 23, 2001, and the second reading and public hearing were held February 27, 2001; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 6, 2001; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the zoning classification of a certain tract of real estate being a portion of a 1.94-acre tract and containing 0.763 acres, as described herein, and located in the 7700 block of Bent Mountain Road (Portion of Tax Map Number 95.01-1-45) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of AR, Agriculture/Residential District, to the zoning classification of AV, Village Center District. 2. That this action is taken upon the application of Tracy A. Bryant. 3. That said real estate is more fully described as follows: Beginning at an iron pin found on the southern right-of--way of Bent Mountain Road (Route 221), said point being the northwest property corner of the now or formerly Roanoke County Board of Supervisors (DB 1475, page 646, Tax Map No. 95.01-1-46); thence leaving said right-of--way and with the western line of said Roanoke County Board of Supervisors S. 26 deg. 43' 40" E. 84.95 feet to a point in the center of Back Creek; thence continuing with the centerline of said Back Creek S. 15 deg. 12' 39" W. 61.67 feet to a point; thence continuing with the centerline of said Back Creek S. 33 deg. 28' 41" W. [S1.31] sic feet to a point; thence S. 48 deg. 35' 18" W. 120.47 feet to a point at the intersection of the centerline of Back Creek and the centerline of Martin's Creek; U: \WPDOCS\AGENDA\ZONING\bryant.rzn.sup.frm 1 T `l thence leaving said Back Creek and with the centerline of Martin's Creek N. 73 deg. 52' 42" W. 91.16 feet to a point; thence N. 84 deg. 43' S2" W. 70.79 feet to a point on the said southern right-of--way of Bent Mountain Road (Route 221); thence leaving said Martin's Creek and continuing with the southern edge of said right-of--way N. 48 deg. 24' 30" E. 340.54 feet to the Point of Beginning, containing 0.763 acres of land. 4. That the Board finds that the granting of a special use permit to Tracy A. Bryant for the operation of a Garden Center to be located in the 7700 block of Bent Mountain Road (Portion of Tax Map No. 95.01-1-45) in the Windsor Hills Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1) The ten-foot planting strip shall be provided adjacent to Bent Mountain Road right-of--way. Within the planting strip, one small evergreen tree shall be planted every ten linear feet. The landscaping requirements shall comply with the requirements contained in Section 30-92. (2) There shall be no sale or storage of fertilizers, pesticides or petroleum products on the site. (3) As part of site plan review the limits of the FEMA designated flood way shall be established by a Virginia licensed surveyor or engineer and permanently marked on the ground. (4) No equipment or products shall be stored in the FEMA designed flood way. (5) As a part of site plan review a Virginia licensed engineer shall prepare a plan designed to prevent bulk products stored on the site from encroaching into the FEMA flood way. (6) No temporary portable signs maybe used on the property. (7) Only a monument sign shall be used as a freestanding sign. The sign shall have a maximum height of seven feet and no greater than 28 square feet of copy area. (8) There shall be no grinding, chipping or processing of mulch, raw wood or other U:\WPDOCS\AGENDA\ZONING\bryant.rzn.sup.frm 2 r-Y product on this site. (9) There shall be no wholesale distribution or sale of products from the site. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. U:\WPDOCS\AGENDA\ZONING\bryant.rzn.sup.frm 3 t AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 27, 2001 ORDINANCE 022701-13 AUTHORIZING THE VACATION OF A PORTION OF AN EXISTING 15-FOOT SANITARY SEWER EASEMENT AND ACCEPTANCE OF A RELOCATED PORTION OF THE SAME EASEMENT ACROSS LOT 17, SECTION 1, PHASE III, RUXTON OF ROANOKE (PLAT BOOK 9, PAGE 142; TAX MAP NO. 87.10-1-17) WHEREAS, by subdivision plat entitled `PLAT OF SECTION 1, PHASE I I I, RUXTON OF ROANOKE,' dated June 22, 1979, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 142, afifteen-foot (15') sanitary sewer easement was dedicated and shown across the lots in said subdivision, being designated therein as "15' SANITARY SEWER ESMT."; and, WHEREAS, the Petitioner, Camilla L. Jones, is the owner of Lot 17, Section 1, Phase III, Ruxton of Roanoke; and, WHEREAS, a recent survey of said property reflects that the residential structure located thereon encroaches into the sanitary sewer easement and a portion of the sanitary sewer facilities are located outside of the existing easement; and, WHEREAS, the Petitioner has requested that, pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia, vacate the existing 15' sanitary sewer easement and accept in exchange a new 15' sanitary sewer easement across Lot 17; and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on February 13, 2001; the public hearing and second reading of this ordinance was held on February 27, 2001. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the 15' sanitary sewer easement across Lot 17, Section 1, Phase III, Ruxton of Roanoke (Tax Map No. 87.10-1-17), being designated and shown as "EXIST. 15' SAN. SEWER ESMT. TO BE VACATED" on Exhibit A attached hereto, said easement having been dedicated on `PLAT OF SECTION 1; PHASE III, RUXTON OF ROANOKE,' dated June 22, 1979, and recorded in the aforesaid Clerk's Office in Plat Book 9, page 142, in the Cave Spring Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained herein. 2. That, in exchange, acquisition and acceptance of a new 15' sanitary sewer easement across Lot 17, being designated and shown as "NEW 15' SAN. SEWER ESMT. TO BE DEDICATED" on Exhibit A attached hereto, be and hereby is, authorized and approved; and, 3. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner. 4. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 2 A COPY TESTE: / Brenda J. Holt n, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner Gary Robertson, Director, Utility William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney ACTION # ITEM NUMBER 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: Ordinance Authorizing the Vacation of a Portion of an Existing 15-foot Sanitary Sewer Easement and Acceptance of a Relocated Portion of the Same Easement Across Lot 17, Section 1, Phase III, Ruxton of Roanoke (Plat Book 9, Page 142; Tax Map No. 87.10-1-17) in the Cave Spring Magisterial District COUNTY ADMINISTRATOR'S COMMENTS: •'`~~ ~~ EXECUTIVE SUMMARY: This is the second reading of a proposed ordinance to vacate a portion of an existing 15' sanitary sewer easement on Lot 17, Section 1, Phase III, Ruxton of Roanoke, owned by Camilla L. Jones, and to accept, as an alternative, a new 15' sanitary sewer easement across the same lot. BACKGROUND: The existing 15' sanitary sewer easement on Lot 17 was dedicated by subdivision plat for `Section 1, Phase III, Ruxton of Roanoke', recorded in the Clerk's Office in Plat Book 9, page 142. SUMMARY OF INFORMATION The Petitioner, Camilla L. Jones, is the current owner of Lot 17, §l, Ph.III, Ruxton of Roanoke. A recent survey revealed that the dwelling on this lot encroached into the existing sanitary sewer easement and that the sanitary sewer facilities on the lot are located outside of the existing easement. Ms. Jones has requested that the Board of Supervisors vacate that portion of the existing 15' sanitary sewer easement which crosses Lot 17. In exchange, Ms. Jones has agreed to convey a new 15' sanitary sewer easement across Lot 17, to encompass the existing facilities. A plat showing the areas to be vacated and accepted as new easement is attached hereto as Exhibit A. Staff has no objection to the proposed vacation and acceptance. Since the sanitary sewer facilities are not located within the existing easement, no relocation of lines will be required. There is no cost to the County, and staff has approved the alternative easement location. STAFF RECOMMENDATION County staff recommends that the Board of Supervisors adopt the proposed ordinance to vacate that portion of the existing 15' sanitary sewer easement across Lot 17 and authorize acceptance of the relocated portion of the 15' easement. SU~VIITTED BY: ~. ~ ~. ~ti Arnold Covey, Director Department of Community Dev . opment APPROVED BY: C"~-~-~' Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved () Motion by: Church _ Denied () Johnson _ _ _ Received () McNamara- _ _ Referred () Minnix _ _ _ To () Nickens _ _ ~. i ~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 27, 2001 ORDINANCE AUTHORIZING THE VACATION OF A PORTION OF AN EXISTING 15-FOOT SANITARY SEWEREASEMENT AND ACCEPTANCE OF A RELOCATED PORTION OF THE SAME EASEMENT ACROSS LOT 17, SECTION 1, PHASE III, RUXTON OF ROANOKE (PLAT BOOK 9, PAGE 142; TAX MAP NO. 87.10-1-17) WHEREAS, by subdivision plat entitled `PLAT OF SECTION 1, PHASE III, RUXTON OF ROANOKE,' dated June 22, 1979, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 142, afifteen-foot (I S') sanitary sewer easement was dedicated and shown across the lots in said subdivision, being designated therein as"15' SANITARY SEWER ESMT."; and, WHEREAS, the Petitioner, Camilla L. Jones, is the owner of Lot 17, Section 1, Phase III, Ruxton of Roanoke; and, WHEREAS, a recent survey of said property reflects that the residential structure located thereon encroaches into the sanitary sewer easement and a portion ofthe sanitary sewer facilities are located outside of the existing easement; and, WHEREAS, the Petitioner has requested that, pursuant to ~ 15.2-2272.2 of the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia, vacate the existing 15' sanitary sewer easement and accept in exchange a new 15' sanitary sewer easement across Lot 17; and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on February 13, 2001; the public hearing and second reading of this ordinance was held on February 27, 2001. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the 15' sanitary sewer easement across Lot 17, Section 1, Phase III, Ruxton of Roanoke (Tax Map No. 87.10-1-17), being designated and shown as "EXIST. 15' SAN. SEWER ESMT. TO BE VACATED" on Exhibit A attached hereto, said easement having been dedicated on `PLAT OF SECTION 1, PHASE III, RUXTON OF ROANOKE,' dated June 22, 1979, and recorded in the aforesaid Clerk's Office in Plat Book 9, page 142, in the Cave Spring Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained herein. 2. That, in exchange, acquisition and acceptance of a new 15' sanitary sewer easement across Lot 17, being designated and shown as "NEW 15' SAN. SEWER ESMT. TO BE DEDICATED" on Exhibit A attached hereto, be and hereby is, authorized and approved; and, 3. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner. 4. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as maybe necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption, and a certified copy ofthis ordinance shall be recorded in the Clerk's Office ofthe Circuit Court ofRoanoke County, Virginia, in accordance with § 15.2-2272.2 of the Code of Virginia (1950, as amended). 2 E%HIBIT A /y01/ OR /~ORMER~ P/iCP6KT~ OF ,L6nlO~rA /,~RANCNE CRA/GN¢.tO p. /3. 3!3 FG. AB ~Piw ....-- nl/7=4/•qa 6 X39 0 3 std' i rNEiY /S'Sq,t/, gE'/l/EIQ ~' ESMJ To pE DED/C.4JED ~ _.~s ~2G'9B'fS E--- iy/aea~ivc K c'E'F //`r /S S Or~P~r,o ~~,c• a.N. 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'99 ~ .SCAG 2 ~ / " r 20' JACK G. 8ES5 SEPZ /T, /999 qaD SUiiV~~O S~ 2 SFARKEY RD ROANOKE, VA 2~D i 4 it/. /3. /O 0-999'70 7- S Action No. Item No. ~ " AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2001 AGENDA ITEM: ORDINANCE ACCEPTING AN OFFER FOR AND AUTHORIZING THE SALE OF 37.86 ACRES OF REAL ESTATE LOCATED IN THE CITY OF SALEM (THE LLOYD PROPERTY -TAX MAP NO. 194-1-1) COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: This is the continuation of the second reading of a proposed ordinance to authorize the conveyance of a 37.86-acre parcel of real estate located in the City of Salem (Tax Map No. 194-1-1). BACKGROUND: The Board of Supervisors of Roanoke County has previously declared this property to be surplus property and available for sale to the public. SUMMARY OF INFORMATION: Roanoke County has received an offer to purchase a 37.86-acre parcel of real estate located in the City of Salem and known as the Lloyd Property. A public notice regarding the public hearing for the sale of this surplus property was published in the Roanoke Times on January 30, 2001 and February 6, 2001. FISCAL IMPACT: The proceeds from the sale of this property will be allocated to the Capital Projects Fund. U:\WPDOCS\AGENDA\REALEST\LLOYD.RPT 1. r u-~ RECOMMENDATIONS: Staff recommends that the Board approve the second reading of this ordinance and authorize the County Administrator or any Assistant County Administrator to execute the necessary documents to consummate this transaction. Respectfully submitted, -~~~n~~ Paul M. Mahoney Roanoke County Attorney Action Vote No Yes Abs Approved () Motion by Church Denied () Johnson Received () McNamara Referred () Minnix to Nickens U:\WPDOCS\AGENDA\REALEST\LLOYD.RPT 2 .. ~~I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 27, 2001 ORDINANCE ACCEPTING AN OFFER FOR AND AUTHORIZING THE SALE OF 37.86 ACRES OF REAL ESTATE LOCATED IN THE CITY OF SALEM (THE LLOYD PROPERTY -TAX MAP NO. 194-1-1) BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus, and has been made available for sale; and 2. That the public notice regarding the public hearing for the sale of this surplus property was advertised in the Roanoke Times & World News on January 30, 2001 and February 6, 2001; and That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on January 23, 2001; and the second reading and public hearing on this ordinance was held on February 13, 2001, and continued to February 27, 2001, concerning the sale and disposition of 37.86 acres of real estate located in the City of Salem, and known as the Lloyd Property; and 4. That an offer has been received from of real estate for the sum of to purchase 37.86 acres and this offer is hereby accepted; and That the proceeds from the sale of this real estate are to be allocated to the capital reserves of the County to be expended solely for the purposes of acquisition, construction, maintenance, or replace of other capital facilities; and 6. That the County Administrator, or any Assistant County Administrator, is authorized to execute such documents and take such actions as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. U:\W PDOCS\AGENDA\REALEST\I loyd. cl £wpd AGENDA ITEM NO.~ APPEARANCE REQUEST -. PUBLIC HEARING ORDINANCE '~''~~CITIZEN COMMENTS SUBJECT: ~ ~~ d would like the Chairma ' of the Board of Supervis rs to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD. /AGREE TO AB/DE BY THE Gl//DEL/NES L/STED BELOW; • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. • The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. • All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. • Both speakers and the audience will exercise courtesy at all times. • Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. • Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME:. ~ ~ ~ t ADDRESS: ~ ~ '7.5 ~~- U-' l S ~-~~~C~ J~IQ /~l ~~' ' ~.~ 3 ~~~~~ ~~ PHONE: 3 ~~" ~ ~~~ AGENDA ITEM NO. v APPEARANCE REQUEST PUBLIC HEARING ,`,;~ ORDINANCE ~~CITIZEN COMMENTS ~~ ~~ SUBJECT: ~~'~ A~~ 1-~ ~ ~ ry ~ S ~~,- 2D - '~ ~~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW; • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. • The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. • All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. • Both speakers and the audience will exercise courtesy at all times. • Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. • Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: '~ i l l ~ u L 2~ l oz i~ ~~ ADDRESS: "~~ C~ 3 i~ ~ - ~ ~ 2 ~ ,~ ~ L~t2 PHONE: J` ~ ~ ~ 0 `~~ ~b O~ POANp,I-F ti '` Z ~_ ~ 2 ~ `a l8aa r' T 7 C~~~t~#~ a~ ~o~tx~o~P P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 2401 8-0798 BRENDA J. HOLTON CLERK TO THE BOARD (540) 772-2005 DEPUTY CLERK Internet E-Mail: mallen@www.co.roanoke.va.us FAX (540) 772-2193 Internet E-Mail: bholton@www.co.roanoke.va.us March 1, 2001 Chief James R Lavinder Roanoke County Police Department Public Safety Center 35681 Peters Creek Road Roanoke, VA 24019 Dear Chief Lavinder: Attached is a copy of Resolution No. 022701-3 authorizing the creation of a Regional Family Violence Fatality Review Team. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, February 27, 2001 by a unanimous vote. If you need further information, please do not hesitate to contact me. Sincerely, ~'~, ~. ~~ Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors Enclosure cc: Mary F. Parker, Clerk, Roanoke City Council Forest Jones, Clerk, Salem City Council Carolyn S. Ross, Clerk, Vinton Town Council ® Recycled Paper O~ ROANp,I.~ . z ti~ ~ ~ t7 ov ,,: a? 1838 ~.Y~~~~ ~~ ~+N~~`~~~ P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 2401 8-0798 BRENDA J. HOLTON CLERK TO THE BOARD (540) 772-2005 DEPUTY CLERK Internet E-Mail: mallen@www.co.roanoke.va.us FAX (540) 772-2193 Internet E-Mail: bholton@www.co.roanoke.va.us March 2, 2001 Ms. Jill Barr, Assistant Director Roanoke County Economic Development Department P. O. Box 29800 Roanoke, VA 24018 Dear Ms. Barr: I am pleased to inform you that, at their meeting held on Tuesday, February 27, 2001, the Board of Supervisors voted unanimously to appoint you as an alternate member to the Virginia's First Regional Industrial Facility Authority to complete the unexpired four year term of Joyce Waugh. This term began on September 24, 1998 and will expire on September 24, 2002. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. State law requires that you take an oath of office before the Clerk of the Roanoke County Circuit Court. This oath must be administered prior to your participation on this authority. Please telephone Steven A. McGraw, at 387-6205, to arrange to have this oath administered, and Mr. McGraw has asked that you bring this letter with you. Also, please ask Mr. McGraw to forward a certified copy of your oath to the Clerk's Office to be sent to Mr. Dave Rundgren. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept these appointments. Sincerely, 7.-lc~.~.,,r s~.GZ.e,c.o.~..~ Mary H. Allen, CMC Clerk to the Board of Supervisors Enclosures cc: Steven A. McGraw, Clerk, Circuit Court Dave Rundgren James E. Cornwell, Jr., Esq. ® Recycled Paper a~ ROANp~~ , r. ~ . , z ~ c~ ~ z 1838 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 2401 8-0798 BRENDA J. HOLTON CLERK TO THE BOARD (540) 772-2005 DEPUTY CLERK Internet E-Mail: mallen@www.co.roanoke.va.us FAX (540) 772-21 93 Internet E-Mail: bholtonQa www.co.roanoke.va.us March 2, 2001 Mr. Thomas A. Haislip, Director Roanoke County Parks, Recreation & Tourism 1206 Kessler Mill Road Salem, VA 24153 Dear Pete: I am pleased to inform you that, at their meeting held on Tuesday, February 27, 2001, the Board of Supervisors voted unanimously to ratify your appointment to the Southwest Development Financing, Inc. Board of Directors for atwo-year term. You will be serving the unexpired portion of Brian Hamilton's term which will expire on January 12, 2002. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, Y3'Z._~" Mary H. Allen, CMC Clerk to the Board bjh Enclosures cc: Mr. Fred W. Parker, Chairman, Board of Directors Southwest Development Financing, Inc. P. O. Box 983 Marion, VA 24354 ® Recycled Paper O~ p,0AN0,~-~ ti ~,~ A z ~ az C~~~~~ ~~ ~~x~~a~ 1 38 Board of Supervisors P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 H. Odell "Fuzzy" Minnix, Chairman Bob L. Johnson Cave Spring Magisterial District Hollins Magisterial District Joseph B. "Butch" Church, Vice-Chairman Joseph McNamara Catawba Magisterial District Windsor Hills Magisterial District Harry C. Nickens Vinton Magisterial District March 2, 2001 Rev. Thomas F. Stocks Rosalind Baptist Church 2711 Laburnum Avenue, SW Roanoke, VA 24015 Dear Reverend Stocks: On behalf of the Board of Supervisors, I would like to thank you for offering the invocation at our meeting on Tuesday, February 27, 2001. We believe it is most important to ask for divine guidance at these meetings and the Board is very grateful for your contribution. We also appreciate very much your giving of your time to serve as the Chaplain for the Police Department. Thank you again for sharing your time and your words with us. It was good to have you with us. With kindest regards, ~~ u H. Odell " uzzy "Minnix, Chairman Roanoke County Board of Supervisors OFFICE: FAX: VOICE MAIL: (540) 772-2005 (540) 772-2193 (540) 772-2170 E-Mail bos ~co.roanoke.va.us PUBLIC NOTICE Please be advised that the Board of Supervisors of Roanoke County, Virginia, at its meeting on February 27, 2001, at the Roanoke County Administration Center, 5204 Bernard Drive, S.W., Roanoke, Virginia, at 7:00 p.m. or as soon thereafter as the matter maybe heard, will hold a public hearing and second reading on the following matter, to-wit: ORDINANCE AUTHORIZING THE VACATION OF A PORTION OF AN EXISTING 15-FOOT SANITARY SEWER EASEMENT AND ACCEPTANCE OF A RELOCATED PORTION OF THE SAME EASEMENT ACROSS LOT 17, SECTION 1, PHASE III, RUXTON OF ROANOKE (PLAT BOOK 9, PAGE 142; TAX MAP NO. 87.10-1-17) All members of the public interested in this matter may appear and be heard at the time and place aforesaid. Mary H. Allen, CMC/AAE Clerk to the Board Please publish on the following dates: Tuesday, February 13, 2001 Tuesday, February 20, 2001 Please send bill and affidavit to: Mary Allen, Clerk Board of Supervisors 5204 Bernard Drive Roanoke, Virginia 24018 _ C~cC .~.r,~cu.a~,cA ROANOKE COUNTY ATTORNEY'S OFFICE Roanoke County Administration Center 5204 Bernard Drive, S. W. -Room 431 Roanoke, VA 24018-0798 Phone 772-200'7 -FAX 772-2089 MEMORANDUM To: Board of Supervisors From: Paul Mahoney ~~ Date: February 2, 2001 Subject: Redistricting Public Hearing Preliminary data indicates population changes in the five election districts. As a result district lines will need to be redrawn once the 2000 census data is available at the end of March. A public hearing as been scheduled for February 27, 2001, for citizens to voice comments or concerns on policies and procedures to be used during this process. In 1991, letters were sent to area civic leagues informing them of a redistricting public hearing and an ad appeared in the Roanoke Times 8c World-News. This year I decided to expand the list of people who will receive letters to area organizations and school board members. The public hearing ad will also appear in the Salem Register, the Vinton Messenger, and the Roanoke Tribune. Attached are copies of two letters, one sent to school board members and a second one sent to civic leagues and organizations, and a copy of a newspaper advertisement that will appear in the area's newspapers in February. A list of names and organizations receiving this letter and the newspapers and dates the ad will be published is also included in the attachment. cc: Elmer Hodge Kathi Scearce Diane St. John POAN s i `, ~~ ~~ ~: ~ a _ ~~~~ ~~ ~x~~~ 83 OFFICE OF THE COUNTY ATTORNEY P.O. BOX 29800 5204 BERNARD DRIVE PAUL M. MAHONEY ROANOKE, VIRGINIA 24018-0798 JOSEPH B. OBENSHAIN coiJrITYATTORNEY FAX (540) 772-2089 SENIORASSISTANT COUNTY ATTORNEY (540) 772-2007 1 Michae~W. Stovall, Chairman 1615 Mountain View Road Vinton, Virginia 24179 Dear Mr. Stovall: VICKIE L. HUFFMAN ASSISTANT COUNTY ATTORNEY January Z5, 2001 ' (540) 772-2071 As you probably know, the 2000 Census indicates a change in the population of Roanoke County. Therefore, the County must redraw the election district lines to ensure equal representation for our citizens. The redistricting might not .only effect the election districts but the precincts and polling locations as well. The State will also be redrawing representation lines for the House of Delegates and State Senate this Spring. As a member of Roanoke County's School Board, I would like to inform you of a redistricting public hearing on February, 27, 2001 at 7:00 p.m. at the Board of Supervisors meeting. The Board will consider policies and procedures for the redistricting process at the this public hearing. The Board of Supervisors will hold another public hearing before the adoption of the final redistricting plan. If you have any questions, please do not hesitate to contact Kathi Scearce, Director of Community Relations, at 772-2010. Very truly yours, PMM/mvw Paul M. Mahoney Roanoke County Attorney ~~ ~~~~ ®Recycied Paper ~ PEA ~- ~ ;, z ~'"' ~ ~ a °v .. a 38 PAUL M. MAHONEY COUNTYATTORNEY (540) 772-2007 January 25, 2001 Cresthill Civic League Paul L. Bell 2705 Hillbrook Dr. Roanoke, VA 24018 Dear Mr. Bell: (540) 772-2071 As you maybe aware, the 2000 Census indicates a change in the population of Roanoke County. Therefore, the County must redraw the election district lines to ensure equal representation for our citizens. The redistricting might not only effect the election districts but the precincts and polling locations as well. The State will also be redrawing representation Lines for the House of Delegates and State Senate this Spring. There will be a public hearing on Roanoke County's redistricting policies and procedures on February 27; 2001 at the 7:00 p.m..Board of Supervisors meeting, Please make the members of your civic league aware of the public hearing and plan to attend if you are interested in this procedure. There will be another public hearing before the Board of Supervisors before the adoption of the final redistricting plan.. If you have any questions, please do not hesitate to contact Kathi Scearce, Director of Community Relations,. at 772-2010. Very truly yours, °~.~a,, P au1 M. Mahoney Roanoke County Attorney PMMlmvw C~~ixn~~ ~ ~~xx~~.~.~ OFFICE OF THE COUNTY ATTORNEY P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 ~ JOSEPH B. OBENSFIAIN FAX (540) 772-2089 SENIORASSISTANT COUNTY ATTORNEY VICKIE L. HUFFMAN ASSISTANT COUNTYATTORNEY ®Recycled Paper School Board Members: Michael Stovall, School Board Chairman Jerry Canada, School Board Marion Roark, School Board William Irvin, III, School Board Thomas Leggette, School Board Civic Leagues/Contact person: Paul Bell, Cresthills C. L. Neil Birkhoff, Carriage Hills C. L. Wendell Bruce, Hollins Comm. Dev. Kent Gartner, Old Mill Forest Assoc. Joe Church, Woodbridge Assoc. Terry Conner Traci Crigger, West County C. L. Wilbur P. Cundiff, Mt. Pleasant C. L. Sylvia Dill, Huntridge Comm. Assoc. Evelyn English, Stonehenge Ct. Townhouse Del Eyer, Catawba Valley C. L. Sarah Franklin Jeff Suhr, Boxley Hills Neighborhood Phyllis Tildon, Highfields Homeowners Richard Van Roberts, Mason Cove C. L. Harold Walts, Little Brushy Mt. C. L. Steven Wright, Bentley Park Assoc. Craig Kingery, Woodbridge Assoc. Russell Garman, Bradshaw Citizens' Assoc. Andrew J. Godon, Oak Grove C. L. John Green, Branderwood Homeowners Organizations: Evie Gunter, Pinevale C. L. NAACP Dennis Hancock, Hunting Hills Homeowners King Harvey, North Lakes C. L. Betty Harvey, Peters Creek C. L. Ralph Henry, Back Creel C. L. Robert M. Hodge, Cove Road Action League, John Huffman, Red Lane Ext. Neighborhood Tami Jennings, Cherokee Hills Women's Club Eldon Karr, Bent Mountain C. L. James H. Kerton, Pine Hills Homeowners Assoc. Randy Kingery, Clearbrook C. L. Mike Koon, Bonsack C. L. Carl D. Lowe, Back Creek C. L. Freida McClung, Glade Creek C. L. Danny Ray, Orchards Civic Assoc. Jim Reynolds, Cherokee hills Assoc. Mary Romberg, Georgetown Park C. L. Phyllis Sexton, Stonehenge Ct. Townhouse Cindy Sandberg, Bent Mountain C. L. David Spangler, Wildwood Rd. C. L. Jack Smith, Crystal Creek Homeowners Winton W. Shelor, Fort Lewis C. L. Margaret Sharpe, Green Valley C. L. Waston Simmons, Clearbrook C. L. Elks Club Knights of Columbus Lions Club- various chapters Moose Lodge Vinton No. 1121 League of Older Americans Newspapers & dates of publication of ad: Roanoke Times, 2/18 & 2/25 Vinton Messenger, 2/22 Salem Register, 2/22 Roanoke Tribune, 2/21 NOTICE OF PUBLIC HEARING CITIZEN COMMENT ON REDISTRICTING The Board of Supervisors ofRoanoke County, Virginia, invites citizens of Roanoke County to offer written or oral comment on redistricting Roanoke County as a result of the most recent decennial census, as well as the policies and procedures to be followed during the redistricting process. A public hearing to receive citizen comment will be held on Tuesday, February 27, 2001, at 7:00 p.m. or as soon thereafter as may be heard, at the Roanoke County Administration Center at 5204 Bernard Drive. All interested citizens are invited to attend this meeting. LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, February 27, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Tracy A. Bryant to rezone 1.94 acres from AR, Agricultural Residential to AV Agricultural Village and obtain a Special Use Permit for a Garden Center located at 7796 Bent Mountain Road, Windsor Hills Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: February 8, 2001 Mary H. Allen, CMC Clerk the Board Please publish in the Roanoke Times Tuesday, February 13, 2001 Tuesday, February 20, 2001 Direct the bill for publication to: Tracy A. Bryant 7798 Bent Mountain Road Roanoke, VA 24018 (540) 774-0735 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Mary H. Allen, Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 Mary Arlen -Legal Notices -Reply Page 1 From: Legals Staff <legals@roanoke.com> To: <MALLEN@co.roanoke.va.us> Date: 2/12/01 11:31 AM Subject: Legal Notices -Reply Ad will run Feb. 13 & 20 -cost $127.36 -thanks LEGAL NOTICE ~ROANOKE COUNTY ABOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, February 27, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Tracy A. Bryant to rezone 1.94 acres from AR, Agricultural Residential to AV Agricultural Village and obtain a Special Use Permit for a Garden Center located at 7796 Bent Mountain Road, Windsor Hills Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: February 8, 2001 Mary H. Allen, CMC Clerk to the Board (1609889) 1 LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board Of Supervisors will hold a public hearing at 7 p.m. on Tuesday, February 27, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Mi Suk Perry to rezone 3 acres from AR Agricultural Residential to C-2 with Clearbrook Village Overlay District for Retail Sales located at 5679 Franklin Road, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: February 8, 2001 Mary H. Allen, CMC Clerk to the Board Please publish in the Roanoke Times Tuesday, February 13, 2001 Tuesday, February 20, 2001 Direct the bill for publication to: Mi Suk Perry 10816 Bottom Creek Road Bent Mountain, VA 24059 (540) 929-4772 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: MARY H. ALLEN, CMC CLERK TO THE BOARD P.O. BOX 29800, ROANOKE, VA 24018 ary Allen -Legal Notices -Reply Page 1 From: Legals Staff <legals@roanoke.com> To: <MALLEN@co.roanoke.va.us> Date: 2/12/01 11:50AM Subject: Legal Notices -Reply ad runs Feb. 13 & 20 -cost $115.42...thanks LEGAL NOTICE ~ROANOKE COUNTY ABOARD OF SUPERVISORS The Roanoke County Board Of Supervisors will hold a public hearing at 7 p.m. on Tuesday, February 27, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Mi Suk Perry to rezone 3 acres from AR Agricultural Residential to C-2 with Clearbrook Village Overlay District for Retail Sales located at 5679 Franklin Road, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: February 8, 2001 Mary H. Allen, CMC Clerk to the Board (1609936) LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board Of Supervisors will hold a public hearing at 7 p.m. on Tuesday, February 27, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Jones & Jones Associates to rezone 1.31 acres from R1 Residential to R4 Residential located at 6621 Peters Creek Road, Hollins Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: February 8, 2001 Mary H. Allen, CMC Clerk to the Board Please publish in the Roanoke Times Tuesday, February 13, 2001 Tuesday, February 20, 2001 Direct the bill for publication to: Jones & Jones Associates Architects, PC 6120 Peters Creek Road Roanoke, VA 24019 (540) 366-3335 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: MARY H. ALLEN, CMC CLERK TO THE BOARD P.O. BOX 29800, ROANOKE, VA 24018 Mary Allen -Legal Notices -Reply Page 1 From: Legals Staff <legals@roanoke.com> To: <MALLEN@co.roanoke.va.us> Date: 2/12/01 11:45AM Subject: Legal Notices -Reply runs Feb. 13 & 20 -cost $111.44 LEGAL NOTICE ~ROANOKE COUNTY ABOARD OF SUPERVISORS The Roanoke County Board Of Supervisors will hold a public hearing at 7 p.m. on Tuesday, February 27, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Jones & Jones Associates to rezone 1.31 acres from R1 Residential to R4 Residential located at 6621 Peters Creek Road, Hollins Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: February 8, 2001 Mary H. Allen, CMC Clerk to the Board (1609927) .. LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board Of Supervisors will hold a public hearing at 7 p.m. on Tuesday, February 27, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of the Trustees of the Korean Baptist Church to rezone 2.16 acres from C-1 Office District with conditions to C-1 Office District with Conditions and to obtain a Special Use Permit for Religious Assembly, located at 5422 Starkey Road, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: February 8, 2001 Mary H. Allen, CMC Clerk to the Board Please publish in the Roanoke Times Tuesday, February 13, 2001 Tuesday, February 20, 2001 Direct the bill for publication to: Trustees of The Korean Baptist Church 2660 Brambleton Avenue, SW Roanoke, VA 24015 (540) 772-4222 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: MARY H. ALLEN, CMC CLERK TO THE BOARD P.O. BOX 29800, ROANOKE, VA 24018 Mary Allen -Legal Notices -Reply Page 1 From: Legals Staff <legals@roanoke.com> To: <MALLEN@co.roanoke.va.us> Date: 2/12/01 11:38AM Subject: Legal Notices -Reply Runs Feb. 13 & 20 - cost:131.34 LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board Of Supervisors will hold a public hearing at 7 p.m. on Tuesday, February 27, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of the Trustees of the Korean Baptist Church to rezone 2.16 acres from C-1 Office District with conditions to C-1 Office District with Conditions and to obtain a Special Use Permit for Religious Assembly, located at 5422 Starkey Road, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: February 8, 2001 Mary H. Allen, CMC Clerk to the Board (1609915) Mary Allen -Legal Notices Page 1 From: Mary Allen To: Sue Patterson-Bane Subject: Legal Notices I'm not sure who should be sending these to me, but could you forward these to "whoever" I understand that the legal notice for redistricting has gone to the Rke Times. I would like a copy for my agenda packet. Also, the Ruxton vacation of sanitary sewer easement. I think Vickie did the ord. and Bd. Rpt. but it was in Arnold's name and I already got the check to cover it, but don't have a copy of the ad. Do I do the legal ad or is someone else doing it??? I realize these aren't yours but if you'll forward this to the right person, I'd appreciate it. Mary ~Bren.a Holton -Derek Williams Page 1 From: Brenda Holton To: Joseph Butch Church Date: 1 /18/01 1:36PM Subject: Derek Williams I just heard from Coach at Glenvar, Steve Magenbauer, and he said that Dereck Williams won't be available Jan 23 as he is on the basketball team and they have a game. He didn't know about Feb 27th. Dereck's parents are Donald and Donna Williams, 380-5514. Steve faxed me enough information to do the resolution so we will complete it and wait until we know if Dereck wants to come either 2/27 or later. So right now, we only have Kevin from Northside coming to 1/23 mtg. Brenda CC: Mary Allen Y/'P. "I W^ ~I,`.u "., tl ..'hn"iyi":,Mi'"•1`!.?tA4W W4~II'~,Xai1~Y.L'~4Y':EJbBii~kw~KyCbQT4r~-yam a ~ ,y, .. .t .1 z ,_ ... u ~, x« i ,.w.~~.nw .. ~_ ~. . ~ a ~ C.+ ~ ~ ~ ~!~ 1 Jai 18 O1 01:57p Name Dereck Williams Glenvar High School [5401 387-6347 p.l ~T7/~. U~En~~,q l/off Tc~/ ~f He_ fight W6 Class Position 5' 11 " Sr. WR Parents Phone # 380---5514 Donald and~.D~ Williams Awards and Honors Football Voted by teammates as a Team Captain Had 51 Catches for 731 Yards Receiving and 12 TD's Had 29 Kick Returns for 719 Yards and 3 TD's ""'**Set all Glenvar Receiving Records 1st Team All District -- Wide Receiver 1st Tearn All District -Return Specialist 1st Team Alf Region -- Wide Receiver 1st Team All Region -Return Specialist 1st Team All State -Wide Receiver (Coaches Team) ~ sc Team All State -Wide Receiver (AP Sports Writers) 1St Team All-Timesland -Return specialist Dereck is great student with a 3.29 grade point average and plans to attend Hampton University in the Fall of 2001. He plans to play football at Hampton, but is undecided as to what he is going to study. Dereck is a great athlete, but he is also a great role model, he does not have an enemy in the Glenvar community. Dereck will be missed as a football player at Glenvar but his positive attitude and great leadership will be missed even more. OF CONGRATULATIONS TO DERECK WILLIAMS FOR AN OUTSTANDING FOOTBALL SEASON AND BEING NAMED TO ALL-STATE FIRST TEAMS, GROUP A WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, Dereck Williams, a senior at Glenvar High School, had an outstanding season on the football team, catching 51 passes for 731 yards, scoring 13 touchdowns; and had 29 kick returns for 719 yards and 3 touchdowns; and WHEREAS, Dereck set all the Glenvar receiving records and was voted by his teammates as a Team Captain; and WHEREAS, Dereck demonstrated his outstanding athletic ability and good sportsmanship throughout the season; and his positive attitude and great leadership will be missed by the Glenvar community; and WHEREAS, Dereck received the following honors during the 2000 season: ^ First Team -All-District -Wide Receiver and Return Specialist ^ First Team -All-Region -Wide Receiver and Return Specialist ^ First Team - V.H.S.C.A. All-State -Wide Receiver ^ First Team -Associated Press All-State -Wide Receiver ^ First Team -All-Timesland -Return Specialist NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to DERECK WILLIAMS for an outstanding football season and being named to All-State First Teams, Group A. BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to Dereck Williams in all of his future endeavors. Mary H. Allen, Clerk H. Odell "Fuzzy" Minnix, Chairman Joseph B. "Butch" Church, Vice-Chairman Bob L. Johnson Harry C. Nickens Joseph McNamara ~4z. z A Proclamation from Governor James S. Gilmore... CERTIFICATE OF RECOGNITION By virtue of the authority vested by the Constitution in the Governor of the Commonwealth of Virginia, there is hereby officially recognized: SCHOOL BOARD APPRECIATION MONTH WHEREAS, as Virginians we have a responsibility to prepare our children fora successful and fulfilling future, and educating the children of our great Commonwealth by increasing knowledge and understanding and developing positive character traits is of paramount importance; and WHEREAS, parents are responsible for the education of their children, and teachers, principals and school board members are entrusted by parents to guide, direct and impart knowledge to their children while at school; and WHEREAS, School Board members, along with the growing and dynamic team of teachers, set the standard for excellence in Virginia's education of its young people; and WHEREAS, local school boards have devoted themselves to providing a high quality education for all students in the Commonwealth; and WHEREAS, our great Commonwealth is proud of its educational system and is appreciative of the efforts of local school board members to make the Virginia public school system an excellent one to educate our children; NOW, THEREFORE, I, James S. Gilmore, III, do hereby recognize February 2001 as SCHOOL BOARD APPRECIATION MONTH in the COMMONWEALTH OF VIRGINIA, and I call this observance to the attention of all our citizens. Page 5 Brenda Holton - 2/27 BOS Agenda Page From: Mary Allen To: Brenda Chastain Date: 2/20/01 10:44AM Subject: 2/27 BOS Agenda I got the fax for the alternative education grant and have added it to the agenda. On another matter, we would like to present a proclamation at the Feb. 27 meeting declaring the month of February as School Board Appreciation Month. Gov. Gilmore did a similar one for the state. We could do it at the 7 p.m. session if one or more of the School Board members could attend to accept. I've been told that Mike Stovall will be coming to the 7 p.m. session to speak on redistricting. Since he's chair this year, could you check with him and see if he IS attending and if he would accept the proclamation? Thanks for your help. Mary H. Allen CMC Clerk to the Board County of Roanoke 540-772-2003 CC: Brenda Holton; Elmer Hodge Brenda Holton - Re: 2/27 BOS Agenda Page 1 From: "BRENDA F. CHASTAIN" <bchastain@res.k12.va.us> To: <MALLEN@co.roanoke.va.us> Date: 2/20/01 10:50AM Subject: Re: 2/27 BOS Agenda I will check with Mike and will let other board members know as well. Thank you. Brenda F. Chastain, Clerk Roanoke County School Board 5937 Cove Road Roanoke, VA 24019 562-3772 562-3993 (fax) bchastain@res.k12.va.us Meet the VSBA Board of Directors for 2001 Officers President: Elizabeth B. Davis President Davis has been on the Chesterfield County School Board since 1990. She served one year as President-Elect of the VSBA, one year as an at-large member of the board and one year on the Federal Relations Committee. She has also served two years as chairman of the Southside region, one year as the Legislative Policies & Resolutions Chairman, and one year on the Special Education Advisory Committee. President-Elect: Ear1.T. Hunter, .Tr. President-Elect Hunter has served on the Hanover County School Board since 1991. He served one year as the chairman of the VSBA Finance Committee, two years as VSBA Federal Relations Committee Chairman, two years as a VSBA Member-At-Large, and he also served as the VSBA liaison to the Career Education Advisory Committee. Past President: Frank K. Wilson VSBA Past President Wilson has been a member of the Arlington County School Board since 1984 and served as chairman and vice-chairman two years. He has served one year as VSBA President, one year as VSBA President-Elect, two years as an At-Large Member of the board, one year on the VSBA Task Force on Bylaws, and four years on the Executive Committee to VSBA. He also represents the VSBA on the Attorney General's Task Force on Gang and Youth Violence. At-Large Members Barbara Haywood Barbara has served on the York County School Board for thirteen years. She has served one year as an At-Large Member of the VSBA, two years as Tidewater Region Chairman, and two years on the Congres- sional Contact Team. Lucy Beauchamp Lucy has been a member of the Prince William County Board for eight years. She has served one year as an At-Large Member of the VSBA, two years as Chairman of the Northeastern Region and one year on the Congressional Contact Team. Elizabeth Daniels Elizabeth has been a member of the Portsmouth City Board for four years. She served one year on the VSBA Legislative, Policies and Resolutions Committee. Robert Neals Robert has been a member of the Pittsylvania County Board for twelve years. He has served as chair- man of the Southside Regional Nominating Committee and two years on the Federal Relations Committee. Committee Chairmen Chairman, Federal Relations Committee: Candy Cassell (Loudoun County Candy was first appointed to the Loudoun County School Board in 1991, was subsequently not re- appointed, but regained her seat in the 1995 election. She has served two years as VSBA Committee Chair- man for the Legislative, Policies and Resolutions Committee, and one year on the Congressional Contact Team. Chairman, Finance Committee: Robert Royster, Sr. (Culpeper County Robert has been a member of the Culpeper County School Board since 1995. Robert has served one year as Chairman of the Central Region. He also represents the VSBA on the Virginia Educational Technol- ogy Advisory Committee. Chairman, Legislative, Policies and Resolutions Committee: Frank E. Clark, II (Richmond City] Frank has served on the Richmond City School Board for six years. He served one year as the Chairman of the VSBA Federal Relations Committee, one year as a VSBA Member-At-Large, and is repre- senting the VSBA on the Commission on Access and Diversity in Higher Education. Closed Meeting, continued from page: 2 "I move that the Board convene in closed meeting to consider a personnel matter." The above language does not identify the subject matter of the meeting, does not state the purpo~P - " not make specific reference to the applicable exemption allowing a closed meeting. n '- j ~` "Pursuant to § 2.1-344(A)(I) of the Virginia Freedom ~r - closed meeting to consider the grievance of a higl. / Y/ Who may be present in a closed meeting? The members of the school board are the only parties who ai Any other person in attendance at a closed meeting is there al How often can a board meet in a closed meeting? A school board may meet in a closed meeting as often as neces: identify all of the matters that are to be discussed. ~(~o~~sa ~1 When may information discussed in a closed meeting be disclc Information discussed in a closed meeting is not deemed confident ever, board members should keep in mind the potential harm that a be revealed outside of the meeting. For example, revealing the unde could expose the board to potential liability. Leaking information re, posture with respect to the lawsuit. _, .~ ~~ ~s neeting, and does i be: lvene in a d meeting. eed to fOW_ _.. pertain matters ..,yee discipline matters _.,,~~ could harm the division in its Are you out of date? Well, maybe not you, but are your job descriptions? Updated job descriptions are not just necessary, it's the law! Do your job descriptions protect you with regard to: • reasonable accommodation • discrimination • necessary qualifications • employee evaluations • essential functions The Americans with Disabilities Act (ADA) states that qualified individuals who can perform the essential functions of a job must be given a reasonable accommodation. If your job descriptions don't prop- erly reflect the necessary qualifications or essential functions of a job, you will have big problems in dealing with a disgruntled employee. Also, how do you evaluate your employees? If you're not using an updated job description as the basis for the evaluation of an employee, then you're more likely just evaluating the person- ality of that employee. Let VSBA help you update your job descriptions! We are currently working with schools in develop- ing job descriptions. The time is now to get in compliance with the law! Don't delay! For more information, please contact Herb Cottrill, at (804) 295-8722. Page 3