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HomeMy WebLinkAbout2/26/2002 - Adopted Board RecordsA-022602-1 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: February26, 2002 AGENDA ITEM: Authorization to accept donations for the Playdreamers Playground Project to build a playground in Starkey Park COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval provided that the only County funding will be the annual maintenance costs listed under the Fiscal Impact. Playdreamers must raise all the necessary funds before beginning the project, and the funds must also be appropriated by the Board. My only concern with this policy is equity throughout the County. BACKGROUND: Last year, a group of parents, calling themselves the Playdreamers, represented here today by Ms. Kelly St. Clair, approached Roanoke County Parks, Recreation, and Tourism looking for a piece of property on which to construct a large community playground. Their concept was based on the Robert Leathers Process, an interactive community design/build process where a playground consultant facilitates a series of design shirettes with groups of children to develop a theme and the actual design for a playground. Concurrent with this process the project sponsor, in this case the Playdreamers would initiate a fundraising campaign to purchase the materials for the actual construction of the playground. They would develop the construction plan with community volunteers who would do the actual construction over a three to four day period. This is similar to an old-fashioned barn raising. After looking at numerous land options the Playdreamers chose Starkey Park for this project. Parks and Recreation staff enthusiastically recommend this project as it is consistent with the approved Starkey Park Master Plan and will provide much needed recreation facilities much sooner than we would be able to. SUMMARY OF INFORMATION: On October 23, 2001, the Board of Supervisors adopted policies and procedures for accepting contributions and donations for County projects. Attached is a copy of the policy. The request today is for approval from the Board of Supervisors under this policy, to accept donations and establish an account for this project. It also authorizes the County Attorney to issue a Tax Exempt letter to the Playdreamers in support of this project. This will assist the organization in their fundraising efforts and also allows the county to assist in the procurement process etc. Once sufficient funds are obtained staff will come back to the Board for an appropriation to complete the construction of this project. FISCAL IMPACT: After the playground is constructed, the maintenance will cost $500.00 per year ($250.00 for mulch and $250.00 for maintenance staff). This will be funded from the Parks and Recreation budget. ALTERNATIVES: Alternative 1. To approve the acceptance of donations and the establishment of an account for the Playdreamers playground project. Alternative 2. Do not approve the request. STAFF RECOMMENDATION: Staff recommends Alternative 1, to approve the acceptance of donations and the establishment of an account for the Playdreamers playground project. Submitted by: Pete Haislip, Director Parks, Recreation & Tourism Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Approved by: &Zl- A�� Elmer Hodge County Administrator ACTION Motion by: H. Odell Minnix to approve staff recommendation cc: File Pete Haislip, Director, Parks, Recreation & Tourism Danial Morris, Director, Finance VOTE No Yes Abs Church _ x Flora _ x — McNamara_ x Minnix _ x _ Nickens _ x _ A-1 02301-5 ACTION NO. S ITEM NUMBER AT A REGULAR MEETING OF THE BOARD ADMIVISORS OF NISTRATION TRATIONRONTER OKE COUNTY, VIRGINIA HELD AT THE RNOKE MEETING DATE: October 23, 2001 AGENDA ITEM: Request for APP policiesoval Of and DonataonsoforurCounty es for Accepting Contributions Projects COUN'T'Y ADMINISTRATOR'S COMMENTS: Following our discussion at the Work Session on improvements to Bent Mountain Library, we have prepared these policies and procedures for your approval. It is very likely that we will need to make changes to respond to questions or suggestions you may have. Essentially this policy is intended to encourage citizens to donate to County projects of their choice, and we express our appreciation in advance to all who wish to do so. This policy will work in concert with and not replace the CIP program, nor will contributions affect the priority listing of any capital project. The policy is separate from the matching grant program sponsored by the Department of Parks, Recreation and Tourism. If the Board wishes to have a work session to incorporate your suggestions, we will do so. BACKGROUND: During the work session with the Library Board on Octoberthe t Mountain 2001 concerning the impiocussedsa need Boto the n establish po b cies and Board of Supervisors dthe procedures for the acceptance of contributions and donations 7et have County or its departments and agencies. In the past, accepted cash for specified items as well as haveaccepted operating expenses(Alford Trust for the Vinton Library), real estate with and without conditions and restrictions(for Vinyard Park); and we have accepted other capital and property the use of the County or by one r agencies (Ex. Vehicle for use by the Mason Cove Fire Department). The contributions or donations are not a substitute for proper planning for capital or operations such as through the Capital Improvements Program (CIP) or our normal operating budget a is as roces nor do they replace programs such as the matching g established through the Department oParks, needs and the reation and Tourism. These budgeting tools look atour 1 impact on a Countywide basis. We also need to be aware that some communities or departments may be better able to solicit and receive donations than other groups and the practice, if used to fund major facilities or programs, could results in inequities in the levels of service provided. The attached policy establishes guidelines for accepting these contributions and donations of major types of assets and prescribes an accounting so that the intended purpose may be achieved. Before items with restrictions are accepted, the Board of Supervisors should receive recommendations from the impacted Department, Advisory Boards and the County Administrator to determine the impact of accepting such a gift. The County Attorney should also determine if there are any other concerns such as discrimination that should be considered. In instances where the gift would result`" in a liability or hardship for the County, the recommendation may be to not accept the gift. In the case of cash or cash equivalent gifts, the Director of Finance should establish an escrow account outlining any restrictions for the donation(s), maintain an accounting of the funds available, assure that receipts have been issued for the donations, and when the monies are needed for expenditures, to request an appropriation of these monies from the Board of Supervisors to accomplish the purpose of the donation. Any cash equivalents donated should be converted to cash as soon as possible to minimize the accounting procedures. All cash items must be appropriated before the expenditure can be made. Donations of real estate should first have an environmental audit performed to assure that we are not assuming a liability. We should also examine any restrictions as to the impact to the County and implications to on-going costs. Finally, we should look at the impact to our tax base and how we plan to re -use the property. Acceptance of such real property would require two readings of an appropriate ordinance as required by our Charter. Motor Vehicles that are donated should be looked at from the standpoint of necessity and from the manner the vehicle is to be used and the impact to our operating budgets. A determination must be made as to whether the specified inventory of vehicles is to be increased or if the vehicle is a replacement. Other property may be donated and should be considered by the Board of Supervisors before acceptance to assure that the donation is in the best interest of Roanoke County. Equipment may have a minimal cost associated with acceptance, but may become a maintenance nightmare if parts are not readily available or if the 04 service is not compatible or available in the area. This policy would become part of the County Policy and Procedures and would be administered by the County Administrator or designated staff. Donations and Contributions can obviously have a positive effect on our cash management, but can present accounting nightmares if projects are not clearly defined or when de -minimus donations are received. ALTERNATIVES: 1. Adopt the attached policy which would outline the conditions upon which assets donated or contributed to the County would be handled. 2. Continue to consider the impact of donations and contributions on an individual basis as they present themselves. FISCAL IMPACT: All cash donations must be appropriated before they can be expended. Other assets must be accepted by the Board and should receive the recommendation of the Department or Advisory Board before the final determination is made. RECOMMENDATIONS: Staff recommends adoption of the attached policy. Respectfully submitted, Approv d by,� F= John M. Chambliss, Jr. Elmer C. Hodge Assistant Administrator County Administrator ------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: Joseph McNamara to approve Church — x Denied ( ) police with revision to IC to establish Johnson — x — Received ( ) $1,000 threshold McNamara_ x Referred { ) Minnix — x To { ) Nickens _ x _ cc: File John M. Chambliss, Jr., Assistant County Administrator Wanda Riley, Executive Secretary, Policy Manual ki POLICY FOR THE ACCEPTANCE OF DONATIONS PURPOSE: fearv.�es� -.�n To establish guidelines for the acceptance of donations of money and other property for public use by Roanoke County. POLICE' 1. Money A. Roanoke County may accept donations of money or cash equivalents from citizens, corporations or other organizations for general County purposes or for specified projects or expenditures. B. Donations for general County purposes, unencumbered by any conditions or restrictions are preferred. C. Donations for specific purposes or with restrictions shall be deposited in the General Fund in an escrow account established by the Director of Finance and may be expended for general County purposes upon appropriation by the Board of Supervisors. The minimum acceptable donation of money or cash equivalents with restrictions shall be $1,000 before a unique escrow account may be established D. Conditions, limitations or restrictions placed upon the donation of money shall be reviewed by the County Attorney for compliance with County ordinances and policies and compliance with United States and Commonwealth laws and regulations with respect to nondiscrimination. The County will not accept any donation that discriminates against any person because of his/her race, religion, color, sex or national origin, age, disability, or other basis prohibited by state or federal law. E. Donations with restrictions or for specific purposes should be reviewed by the Department Head, Advisory Boards and County Administrator to determine the impact of the donation to operating budgets, the Capital Improvements Plan, and equity in operations. F. Donations of cash or cash equivalents to the County for general purposes without any restrictions may be deposited into the General Fund of the County. Should the County choose to use this for a specific purpose, an appropriation by the Board of Supervisors is required. 2. ileal Estate A. Roanoke County may accept donations of real estate from citizens, corporations or other organizations for general County purposes or for special purposes. B. Donations for general County purposes, unencumbered by any conditions or restrictions are preferred. C. Donations of real estate shall be reviewed by the appropriate County department for recommendation as to suitability for particular County purposes or needs, and for impact on the County tax base. D. Environmental audits will be conducted for donated real estate to insure that the County will not accept any real estate contaminated with hazardous wastes, or substances that will cause substantial expense to remediate. E. The condition, state of repair and compliance with current building and fire codes of any buildings or structures on the real estate shall be reviewed to avoid any environmental hazards or any significant liabilities arising from such conditions. F. Conditions, limitations or restrictions placed upon the donation of real estate shall be reviewed by the County Attorney for compliance with County ordinances and policies and compliance with United States and Commonwealth laws and regulations with respect to nondiscrimination. The County will not accept any donation that discriminates against any person because of his/her race, religion, color, sex or national origin, age, disability, or other basis prohibited by state or federal law. G. Donations with restrictions or for specific purposes should be reviewed by the Department Head, Advisory Boards and County Administrator to determine the impact of the donation to operating budgets, the Capital ZD Improvements Plan, and equity in operations. 3. Other Personal Property A. Roanoke County may accept donations of personal property from citizens, coiporations or other organizations for general County purposes or for specific uses. B. Donations for general County purposes, unencumbered by any conditions or restrictions are preferred. 2 C. Donations of personal property shall be reviewed by the appropriate County department for recommendation as to suitability for particular County purposes or needs. D. Conditions, limitations or restrictions placed upon the donation of personal property shall be reviewed by the County Attorney for compliance with County ordinances and policies and compliance with United States and Commonwealth laws and regulations with respect to nondiscrimination. The County will not accept any donation that discriminates against any person because of his/her race, religion, color, sex or national origin, age, disability, or other basis prohibited by state or federal law. E. Donations of vehicles may require an increase in the authorized inventory of our fleet unless the vehicle is replacing an existing item. F. Donations with restrictions or for specific purposes should be reviewed by the Department Head, Advisory Boards and County Administrator to determine the impact of the donation to operating budgets, the Capital Improvements Plan, and equity in operations. 4. Miscellaneous A. Donations of any property with limitations or restrictions on its use shall be reviewed by the receiving department, any impacted Advisory Board, the County Administrator and the Board of Supervisors to determine suitability for general County purposes, and to avoid undue administrative burdens. B. Acceptance of any donation shall not commit the County to additional funding or obligations to operate or add any new programs, personnel or facilities. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, FEBRUARY 26, 2002 RESOLUTION 022602-2 DETERMINING THAT APPALACHIAN POWER COMPANY IS THE ONLY SOURCE PRACTICABLY AVAILABLE TO PROVIDE ELECTRIC SERVICE AND STREET LIGHTING SERVICE TO THE COUNTY AND AUTHORIZING AN EXTENSION OF CURRENT CONTRACTS FOR SUCH SERVICES UPON CERTAIN TERMS AND CONDITIONS WHEREAS, the VML/VACo APCo Steering Committee (Committee) comprised of representatives of local governments and political subdivisions has for many years negotiated on behalf of such governmental units within the service area of Appalachian Power Company (sometimes d/b/a American Electric Power) (APCo) the terms of standard contract forms which have included rates for the purchase of electricity supply and delivery service and for the installation, maintenance and delivery service for street lights by and for such governmental units from APCo as a single or sole source provider; and WHEREAS, the County's most recent contract for the purchase of electricity supply is for the period beginning July 1, 2000, and will terminate on June 30, 2002, and for street lighting service is for the period beginning July 1, 1998, and will terminate on June 30, 2008; and WHEREAS, on or about February 12, 2001, APCo agreed with the Committee to extend the term of all such contracts to December 31, 2003, at rates set forth in the Company's Schedule 17 on file with the Virginia State Corporation Commission (the "Commission"); and WHEREAS, on or about July 24, 2001, American Electric Power Co. ("AEP"), parent corporation of APCo, filed a proceeding in the Federal Energy Regulation Commission 1 ("FERC") seeking approval of amendment of its intercompany agreement which inter glia affects the supply and computation of the price for electricity furnished to APCo in excess of that produced by APCo, in which proceeding the Committee and the Town of Wytheville appeared and objected; and WHEREAS, in consideration of the Committee and the Town of Wytheville agreeing to a negotiated settlement of the FERC proceeding which provides substantial protection against potential escalation of the fuel factor which is a component of APCo's total pricing for electricity supplied to its retail customers, including the governmental units, APCo has granted to the governmental units the election or option to: (1) terminate the current contracts on June 30, 2002; or (2) extend the contracts at Schedule 17 rates to December 31, 2003 pursuant to the offer dated February 12, 2001; or (3)(a) to extend the current contracts through June 30, 2007, at rates contained in APCo's unbundled" Standard Rate Schedules, or any successor or replacement schedules then on file and approved by the Commission; and (b) to extend street light service at rates as in effect July 1, 2000, but subject to changes in the fuel factor; provided that election (3) is conditioned upon the governmental unit so electing and notifying APCo of its election within 90 days of December 18, 2001, that: (i) it has chosen APCo to provide generation service through June 30, 2007; (ii) that it will not chose a different supplier prior to such date; and (iii) it will not request the Commission to determine rates and provisions for default service different from that provided under its contract, as amended by election (3); and WHEREAS, the Committee has recommended that all jurisdictions in the APCo service area elect option (3) to extend contracts from June 30, 2002, through June 30, 2007, at the rates and subject to the conditions all as set forth in the settlement agreement; 2 and WHEREAS, in consideration whereof, APCo is the only source practicably available which can and will supply electricity service and delivery thereof and to supply street lighting service for the entire needs of the County at established rates for such bundled service or unbundled generation service for the period from July 1, 2002 through June 30, 2007, as negotiated and recommended by the Committee; and furthermore, based upon the information and recommendation provided by the Committee, it appears that even if in the future there should develop a truly competitive market in the APCo area for generation service, it is questionable whether the Virginia Electricity Restructuring Act (the "Act") provides for capped rates or default rates for public authorities in the APCo area which could place the County at a disadvantage in the event it elects to contract with an alternative supplier or if such alternative generation supplier should default and be unable to provide the electricity; and it further appearing that the contract extensions recommended and agreed to by the Committee will provide this County with a safeguard against excessive electricity generation costs both at this date and in the foreseeable future due to a lack of real competition in this area of Virginia. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: 1. Since APCo is the only electricity generation provider which can and will contract to supply electricity service and delivery to the County for the entire needs of the County at established rates for such services for the period from July 1, 2002, through June 30, 2007, and to supply street lighting service to the County at established rates for such service in accordance with the Agreement dated May 28, 1998, for the period through June 3 30, 2008, all as set forth above, it is hereby determined by this Board that APCo is the only source practicably available to provide such services, as more particularly set forth in the Board Report dated February 26, 2002. 2. This Board accepts the offer of APCo to extend its current contracts for electric service on a bundled basis from July 1, 2002 through June 30, 2007, and for street lighting service through June 30, 2008, and in accordance with the conditions in APCo's offer, this Board agrees that: (i) it has chosen APCo to provide generation service through June 30, 2007; (ii) it will not choose a different supplier prior to such date; and, (iii) it will not request the State Corporation Commission to determine rates and provisions for default service different from that provided in the contracts, as amended and extended, all as more particularly set forth in the Board Report dated February 26, 2002. 3. The County Administrator and the Clerk to the Board of Supervisors are authorized to execute and attest, respectively, and deliver on behalf of this Board, in form approved by the County Attorney, all documents and take such actions as shall be deemed necessary and appropriate to carry out and administer the foregoing election. 4. The Clerk to the Board of Supervisors is directed to notify APCo of the aforesaid election and agreement by transmitting a certified copy of this resolution to counsel for the Committee, Howard W. Dobbins, 1021 East Cary Street, P.O. Box 1320, Richmond, VA 23218-1320, who is authorized to deliver the same to APCo. 5. In compliance with Section 2.2-4303.E of the Code of Virginia governing sole source procurement, the County's Purchasing Agent is hereby directed this day to post a certified copy of this resolution in the County's public area for posting such notices. On motion of Supervisor Nickens to adopt the resolution, and carried by the following 4 recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTS: Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: File Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney Howard W. Dobbins, Council for the Committee Gardner W. Smith, Director, Purchasing I hereby certify that the foregoing is a true and correct copy of Resolution 022602-2 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, February 26, 2002. Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2002 RESOLUTION 022602-3 GRANTING A WAIVER UNDER SECTION 13-23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II. NOISE OF CHAPTER 13: OFFENSES - MISCELLANEOUS OF THE ROANOKE COUNTY CODE WHEREAS, J. A. Fielden Co., Inc., the general contractors for the construction of a new Wal-Mart Supercenter store on Rt. 460 East in Roanoke County, has requested a waiver of the County's noise ordinance as contemplated under Sec. 13-23. Undue hardship waiver. to permit construction activity related to pouring of the concrete floor for the new store building as early as 1:00 a.m. for a period of two weeks as necessitated by winter weather conditions and in order to eliminate construction related noise after 7:00 p.m and to reduce the total concrete floor construction time for this project from as long as six weeks; and WHEREAS, Section 13-23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance, Article 11. Noise of Chapter 13: Offenses - Miscellaneous to avoid undue hardship upon consideration of certain factors set forth in subsection (b) of Sec. 13- 23 and after making certain alternative findings. BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. In making its determination as to whether to grant to J. A. Fielden Co., Inc., the requested waiver from the County's noise ordinance, the Board of Supervisors has considered the following factors: a. The time of day the noise will occur and the duration of the noise: Beginning not earlier than 1:00 a.m. on a Monday, Wednesday and Friday morning, respectively, for not more than two weeks and ending not later than 9:00 p.m. on each day, respectively; b. Whether the noise is intermittent or continuous: The noise produced during the process of pouring, spreading and finishing or "troweling" a concrete floor becomes louder or more intense during each day's operations due to the increased use of machinery in the finishing stages of the "troweling" process; C. The extensiveness of the noise: The noise will be more extensive by a matter of several weeks without the granting of a waiver due to the substantially increased period of time required to complete pouring of the building's concrete floor if no waiver is granted; d. The technical and economic feasibility of bringing the noise into conformance with the noise ordinance: Due to the weather conditions and average ambient outdoor temperature during February and March, it requires approximately seventeen (17) hours of time for the concrete of a building floor to be poured and properly "troweled" and finished. There are no practical ways to reduce this time without a significant negative impact upon the construction schedule of this project and severe potential costs to the contractor in terms of delays and penalties; e. Other matters related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship resulting from enforcement of the ordinance: By substantially reducing the amount of time which will be required to complete the pouring of the concrete floor for this 2 building without any detrimental impact upon the health, safety and welfare residents in the vicinity of this project and the probable improvement in safety by removing a large number of concrete trucks from the highways during the period of most school bus travel and commuting to work, the community will be benefitted. At the same time, a potential for substantial economic hardship and disruption of the construction schedule for this project will be avoided. f. The extent to which the noise is necessary and incidental to the commercial and industrial use generating the sound: The noise to be generated by this phase of construction of the Wal-Mart facility is normal and expected for this type of operation. 2. The Board of Supervisors makes the following finding: Compliance with the provisions of the County's noise ordinance concerning the specific act of noise disturbance by construction machinery or operations under subsection (1) of Sec. 13-21. Specific acts as noise disturbance. or under the provision of Sec. 13-20. General prohibition. would produce serious economic hardship for J. A. Fielden Co., Inc. without producing any substantial benefit to the public either living in the area of this construction or generally. 3. That the provisions of Sec. 13-21. Specific acts as noise, subsection (1) and Sec. 13-20. General prohibition. of Article 11. NOISE of Chapter 13. OFFENSES - MISCELLANEOUS be WAIVED for a period of twenty-one (21) days until March 19, 2002. 4. This Waiver is granted specifically to J. A. Fielden Co., Inc., its officers, employees 3 and agents for construction related activities at the Wal-Mart site located at the intersection of U.S. Route 460 and Cloverdale Road (U.S. Route 220 - Alternate) in Roanoke County, Virginia. 5. That this Waiver may only be extended upon written application and approval by the Board of Supervisors. 6. That this Resolution shall be in full force and effect from its passage. On motion of Supervisor Flora to adopt the resolution waiving the noise ordinance for a period of five days within a time frame of 21 days ending March 19, 2002, subject to a written agreement with Wal-Mart to increase the height of the berm, place a fence on top of the berm, and if the days change, County will be notified two days in advance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: /6�_o h�� Brenda J. Holto , CMC Deputy Clerk to the Board of Supervisors cc: File Paul M. Mahoney, County Attorney Arnold Covey, Director, Community Development A. J. Fielden Co., Inc. Wal-Mart Supercenter, Bonsack, VA !� AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2002 RESOLUTION 022602-4 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 February 26, 2002 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 6, inclusive, as follows: 1. Approval of Minutes - October 23, 2001, November 13, 2001, December 4, 2001, and January 2, 2002. 2. Confirmation of Committee appointments to the Grievance Panel and League of Older Americans Advisory Council. 3. Acceptance of $1,500 Youth Awareness of Impaired Drivers Grant from Department of Motor Vehicles to purchase fatal vision goggles to stimulate the effects of intoxicants on students for use by School Resource Officers. 4. Acceptance of $1,500 Highway Safety Trailer Grant from Department of Motor Vehicles to purchase highway safety trailer by the Police Department. 5. Acceptance of $25,000 Quality Initiative Day Care Grant by Department of Social Services. 6. Acceptance of $2,717 Carl Perkins Entitlement Supplement from Department of Education for career and technical education. 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 1 pursuant to this resolution. On motion of Supervisor McNamara to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: &Ae'& Q, AQ=-� Brenda J. Hol n, CMC Deputy Clerk to the Board of Supervisors cc: File Ray Lavinder, Chief of Police Danial Morris, Director, Finance Betty McCrary, Director, Social Services Roger Johnson, Career, Technical and Adult Education Administrator Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board 2 A -022602-4.a 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 26, 2002 AGENDA ITEM: Confirmation of Committee Appointments to the Grievance Panel and League of Older Americans Advisory Council COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION At the February 12, 2002, meeting, the following nominations were made: GRIEVANCE PANEL as an alternate Supervisor Church nominated Joann Thompson to serve a three-yeartern/vhich will expire October 31, 2004. LEAGUE OF OLDER AMERICANS ADVISORY COUNCIL Supervisor Church nominated Beverly Eyerly to serve a one-year term which will expire March 31, 2003 STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed. Submitted by: Mary H. Allen CMC Clerk to the Board Approved by, 6� §'142 Elmer C. Hodge County Administrator 1 Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) •-------------- ACTION Motion by: Joseph McNamara to approve cc: File Grievance Panel File League of Older Americans Advisory Committee File 2 -------------------------------- VOTE No Yes Abs Church — x Flora _ x _ McNamara_ x _ Minnix _ x Nickens x A -022602-4.b ACTION NO. ITEM NUMBER: AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: February 26, 2002 AGENDA ITEM: Acceptance of $1,500 Youth Awareness of Impaired Drivers Grant from Department of Motor Vehicles to purchase fatal vision goggles for use by School Resource Officers COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke County Police Department has School Resource Officers assigned to the high schools in Roanoke County. The School Resource Officers are planning to teach classes in the high schools during the spring term of 2002 about alcohol use and impaired driving. School officers will use the fatal vision goggles to simulate the effects of intoxicants on the students and allow the students to experience first hand the effects of intoxicants on motor skills and the ability of the student to perform tasks while intoxicated. The use of the goggles will allow the School Resource Officer to supply information to the students about the hazards of intoxicated driving and of being intoxicated in an interactive manner. SUMMARY OF INFORMATION: The Police Department wants to purchase two sets of fatal vision goggles. The fatal vision goggles will be issued to School Resource Officers who are teaching classes about alcohol and intoxicated driving in the Roanoke County High Schools. Budget constraints do not allow the purchase of the fatal vision goggles without additional DMV grant funding. FISCAL IMPACT: The DMV has provided $1,500.00 in grant funds with no matching funds required. The grant period runs between January 2002 and September 2002. STAFF RECOMMENDATION: The staff recommends acceptance of the DMV grant for $1,500.00 SUBMITTED BY: Ray Lavinder Chief of Police -------------------- Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) APPROVED: Elmer Hodge County Administrator -------------------------------- ACTION VOTE No Yes Abs Motion by: Joseph McNamara to approve Church _ x Flora _ x McNamara_ x Minnix _ x _ Nickens x cc: File Ray Lavinder, Chief of Police Danial Morris, Director, Finance K A -022602-4.c ACTION NO. ITEM NUMBER: AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: February 26, 2002 AGENDA ITEM: Acceptance of $1,500 Highway Safety Trailer Grant from Department of Motor Vehicles to purchase highway safety trailer by the Police Department COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke County Police Department conducts DUI checkpoints and child safety seat inspections on a regular basis. To conduct either type of operation requires the transport of a large amount of equipment, such as cones, signs, and child safety seats. In the past, the Police Department has experienced difficulty in transporting the equipment necessary for these operations. SUMMARY OF INFORMATION: The Police Department wants to purchase an enclosed, weather tight 5' x 8' trailer in which to transport equipment necessary for DUI checkpoints and child safety seat inspections. The highway safety trailer will be marked with Roanoke County Police decals, and have safety and emergency lights. Budget constraints do not allow for the purchase of the highway safety trailer without additional DMV grant funding. FISCAL IMPACT: The DMV has provided $1,500.00 in grant funds with no matching funds required. The grant period runs between January 2002 and September 2002. STAFF RECOMMENDATION: The staff recommends acceptance of the DMV grant for $1,500.00. SUBMITTED BY: APPROV Chief of Police County Administrator Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION VOTE No Yes Abs Motion by: Joseph McNamara to approve Church _ x _ Flora _ x _ McNamara_ x _ Minnix _ x _ Nickens _ x cc: File Ray Lavinder, Chief of Police Danial Morris, Director, Finance A -022602-4.d ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER EETING DATE: February 26, 2002 AGENDA ITEM: Request to Accept $25,000 Quality Initiative Day Care Grant by the Department of Social Services COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The first Quality Initiative Day Care Grant was received in FY 98-99. The department submits a yearly funding request for continuation of funds and we were selected again this year to receive these funds. Funds are designated by the state for improved quality of life for children. SUMMARY OF INFORMATION: Child eligibility for these grant funds is based on family income. Funds are available for entry and activity fees in child care facilities, gym suit fees, school supplies, lice prevention, etc. Two scholarships are awarded yearly to high school graduates who are going to college to pursue study in early childhood education. A part-time child care provider and on site day care room is funded at the Social Services Department for children whose parents are applying for benefits or services, participating in job training, applications and interviews, or going to counseling. The Department of Social Services cannot access these State funds until the County has appropriated the same. The Board of Supervisors is requested to appropriate $25,000 to the Social Services budget and to appropriate same revenue from the State. FISCAL IMPACT: No fiscal impact; 100% state funds STAFF RECOMMENDATION: Staff recommends appropriation of $25,000 to the 01/02 Social Services budget for the Quality Initiative Day Care Grant, and to appropriate same revenue from the State. Respectfully Submitted by Approved by: Betty R. McCrary, Ph.D. Elmer C. Hodde Director of Social Services County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved (x) Motion by: Joseph McNamara to approve Church _ x _ Denied () Flora _ x _ Received () McNamara_ x _ Referred () Minnix _ x To () Nickens _ x _ cc: File Betty McCrary, Director, Social Services Danial Morris, Director, Finance Lisa Ward Brent Robertson John Chambliss A -022602-4.e ACTION # ITEM NUMBER MEETING DATE: February 26, 2002 AGENDA ITEM: Acceptance of $2,717 Carl Perkins Entitlement Supplement from Department of Education for career and technical education. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Virginia Department of Education provides Roanoke County Schools with an annual Carl Perkins entitlement for Career and Technical Education. The Department of Education has notified Roanoke County Schools that it will receive a supplement to its entitlement from funds unexpended by other school divisions for the 2000-2001 school year. SUMMARY OF INFORMATION: The supplement for Roanoke County Schools was $2,717. FISCAL IMPACT: None, no local matching required. STAFF RECOMMENDATION: Staff recommends appropriation of the $2,717 for Career and Technical Education. Lr_��� Signa ure Mr. Roger Johnson Career, Technical and Adult Education Administrator Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Signature Elmer C. Hodge County Administrator Motion by: Joseph McNamara to approve VOTE No Yes Abs Church _ x _ Flora _ x _ McNamara_ x Minnix _ x Nickens _ x cc: File Roger Johnson, Career, Technical and Adult Education Administrator Danial Morris, Director, Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2002 RESOLUTION 022602-5 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each 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 Church to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Nickens, Church NAYS: None ABSENT: Supervisor Minnix cc: File Closed Meeting File A COPY TESTE: %.-0. AW -OL-- Brenda J. Holt , CMC Deputy Clerk to the Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2002 RESOLUTION 022602-6 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF MARY T. HOLLINGSWORTH, SOCIAL SERVICES, AFTER TEN YEARS OF SERVICE WHEREAS, Mary T. Hollingsworth was first employed by Roanoke County on December 2, 1991, in the Social Services Department as an Eligibility Aide I and also served as an Eligibility Worker and Social Worker; and WHEREAS, Ms. Hollingsworth retired from Roanoke County on January 1, 2002, as a Social Services Aide II after ten years and one month of service; and WHEREAS, Ms. Hollingsworth often worked with the foster care, adult and day care teams and provided excellent support and direction concerning purchases of services and tracking payments; and WHEREAS, Ms. Hollingsworth was always diligent in providing timely and accurate payments to service providers and was always available to lend additional administrative support to staff; and WHEREAS, Ms. Hollingsworth, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke 1 County to MARY T. HOLLINGSWORTH for ten years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Nickens, Church NAYS: None ABSENT: Supervisor Minnix A COPY TESTE: q, - A41�� Brenda J. Holto , CMC Deputy Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File Betty McCrary, Director, Social Services Joe Sgroi, Director, Human Resources 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2002 RESOLUTION 022602-7 OF CONGRATULATIONS TO GLENVAR HIGH SCHOOL GIRLS BASKETBALL TEAM FOR WINNING THE STATE GROUP A CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the Glenvar High School Girls Basketball Team won the State Group A basketball championship this year with a 41 to 38 victory over Radford High School at the Salem Civic Center; and WHEREAS, the Highlanders finished the season with a record of 27 wins and 2 losses, having won 21 straight games and their second state championship in the last five years; and WHEREAS, several members of the Highlanders team received special awards including Allyson Fasnacht, who was named All -District, All -Region, All State, Region C Player of the Year, and Associated Press State Player of the Year for Group A; Sarah Frazier, All -District, All -Region, and Amanda Kite, All -District and All -Region; and WHEREAS, the Highlanders are coached by Bryan Harvey, who was selected the Three Rivers District Coach of the Year and Region C Coach of the Year; and Assistant Coaches Gale Moore and Toree Morris. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the GLENVAR HIGH SCHOOL GIRLS BASKETBALL TEAM: Amber Mabry; Sierra Shelor; Allyson Fasnacht; Rebecca Downor; Leigh Ann Woodley; Amanda Kite; Carol 1 Herington; Katie Klik; Sarah Frazier; Elizabeth Kite; and Desiree Miller for their athletic ability, their team spirit, and their commitment to each other; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Nickens, Church NAYS: None ABSENT: Supervisor Minnix A COPY TESTE: A Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: File Resolutions of Congratulations 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, TUESDAY, FEBRUARY 26, 2002 ORDINANCE 022602-8 GRANTING A SPECIAL USE PERMIT TO BETTY J. HENDERSON TO OPERATE A HOME OCCUPATION FOR A BEAUTY SALON TO BE LOCATED AT 5704 MALVERN ROAD (TAX MAP NO. 38.10-3-68), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Betty J. Henderson has filed a petition for a special use permit to operate a home occupation for a beauty salon to be located at 5704 Malvern Road (Tax Map No. 38.10-3-68) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on February 5, 2002; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on January 22, 2002; the second reading and public hearing on this matter was held on February 26, 2002. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Betty J. Henderson to operate a home occupation for a beauty salon to be located at 5704 Malvern Road (Tax Map No. 38.10-3-68) in the Hollins 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) That Betty J. Henderson shall be the sole provider of hair care services at this location and may only do so as long as she is a full time resident of 5704 Malvern Road. (2) The salon shall be limited to one chair only. (3) The retail sale of supplies shall be prohibited. (4) This special use permit shall be for a period of one year and may be renewed administratively for successive one-year periods provided the applicant has complied with these conditions and the use and design standards and the zoning administrator has not received written complaints from adjoining residents. (5) Customer parking will be provided on the property. 2. 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 Flora to adopt the ordinance with Condition #5 added, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: Brenda J. Ho on, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Senior Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 2 46. 57775 �l 577,9 1 . -- ,, 6 "5 2 -2. 5-6 3. ROANOKE COUNTY Aplicants name:Bety Jane F. Henderson il DEPARTMENT OF Application: SUP COMMUNITY DEVELOPMENT Tax Map No. 38.10-3-68 AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2002 ORDINANCE 022602-9 REPEALING APPENDIX B. SUBDIVISIONS. IN ITS ENTIRETY AND ADOPTING CHAPTER 29. SUBDIVISIONS. OF THE ROANOKE COUNTY CODE WHEREAS, upon the request of the Roanoke County Planning Commission a complete rewrite and revision of Roanoke County's Subdivision Ordinance is appropriate and necessary due to significant changes in the enabling legislation of the Commonwealth of Virginia and complimentary development ordinances of the Roanoke County Board of Supervisors; and WHEREAS, this ordinance has been developed with significant contributions from the professional engineering and surveying community, State agencies, and the Roanoke Regional Homebuilders' Association; and WHEREAS, this ordinance enhances customer service through the use of current technology for electronic submittals; and WHEREAS, the Planning Commission held a public hearing on this ordinance on February 5, 2002; and the Board of Supervisors held the first reading of this ordinance on February 12, 2002, and held the second reading and public hearing on February 26, 2002; public notice having been given as required by law; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Appendix B. Subdivisions of the Roanoke County Code be, and hereby is, repealed in its entirety. 2. That Chapter 29. Subdivisions as set out below be, and hereby is adopted I in its entirety. 3. That this ordinance shall be in full force and effect from and after its adoption. A certified copy of this ordinance shall be maintained and on file in the office of the Clerk to the Board of Supervisors of Roanoke County and a certified copy shall be filed in the Clerk's Office of the Circuit Court of Roanoke County, Virginia. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: &&:& 0, ga�o, Brenda J. Hol on, CMC Deputy Clerk to the Board of Supervisors 2 raft for Planning Commission Public Nearing 30102 Roanoke CountY Subdivision Ordinance Draft for Planning Commission Public Hearing a 1/30/02 " 3 Article V. Standards Section 29-10 Division 1. General Requirements 16 29-11 Division 2. Street Requirements 16 29-12 Division 3. Stormwater Management Requirements 17 17 29-13 .29-15 Reserved Article VI Replats and Vacations 17 Section 29-16 Division 1. Replats or vacation of boundary lines 17 29-16.1 Relocation 18 29-97 Division 2. Vacations Vacation of plat before sale of lot therein by the owners; 18 29-17.1 ordinance of vacation Vacation of plat after sale of lot; ordinance of vacation 18 18 29-17.2 Effect vacation of plat after lot has been sold 29-17.3 of 18 29-18 — 29-20 Reserved Article VII. Ordinance Adoption and Amendments 18 Section 29-21 Division 1. Adoption 18 29-22 Division 2. Amendments 18 29-23 — 29-25 Reserved 3 Draft for Planning Commission Public Hearing 1/30/02 29-1.4 Relationship to zoning ordinance The zoning ordinance and zoning map shall control the type and intensity of use of all property within the County. Particular reference is made in the zoning ordinance to the minimum lot sizes, setback requirements, road frontage and use restrictions for all zoning districts; the zoning ordinance shall be controlling as to all such matters. ARTICLE II. ADMINISTRATION 29-2 DIVISION 1. IN GENERAL 29-2.1 Agent (a) The Director of Community Development is hereby appointed by the Board to be the County's Subdivision Agent to administer and enforce this ordinance. The Board may appoint, or revoke appointments of, such additional individuals, as it may deem appropriate to serve as a subdivision agent. The agent's approval, disapproval, or other action shall be that of the governing body. (b) The agent shall exercise authority to review, approve and disapprove the concept, preliminary, and final plats for the subdivision of land within the portions of the County as stated in the title of this chapter. (c) The agent may call for opinions or decisions, either oral or written, from other departments or agencies in considering details of any submitted plat. (d) The agent may establish any reasonable administrative procedures deemed necessary for the proper administration of this ordinance. 29-2.2 Regulations (a) No person shall subdivide any tract of land that is located within the jurisdiction of the County except in conformity with the provisions of this ordinance and any other applicable County ordinances. (b) No person shall subdivide land without making and recording a plat of such subdivision and without fully complying with the provisions of this subdivision ordinance and of general law. (c) No such plat of any subdivision shall be recorded unless or until it shall have been submitted to and approved by the agent. (d) No person shall sell or transfer any land of a subdivision before a plat has been approved and recorded as provided herein unless such subdivision was lawfully created before the adoption of this ordinance or any predecessor subdivision ordinance. Nothing herein shall be construed as preventing the passage of title to property that has not been legally subdivided. (e) Any person violating the foregoing provisions of this section shall be subject to a fine of not more than five hundred dollars ($500.00) for each lot or parcel of land so subdivided, transferred or sold; and the description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies herein provided. (f) The agent and County attorney, or his designee, may take such other legal action as may be necessary to enforce the provisions of this ordinance, including suit for injunction, for abatement or restraining order or other appropriate proceeding. (g) The agent, before finally approving any subdivision plat, may personally inspect the proposed subdivision on the ground. Upon approving such final subdivision plat, the agent shall clearly endorse his approval thereon. State law reference — Va. Code § 15.2-2254 Draft for Planning Commission Public Hearing 1/30/02 ARTICLE III. DEFINITIONS 29-3 DIVISION 1. DEFINITIONS he ing For the purposes of this oa rnanc, the e notdefined, words hey sha I have theirdbelow inord ordinarily is meaning, lvortsuch asthe described. Where terms context may imply. Agent: A duly authorized representative of the Planning Commission appointed by the Board of Supervisors to serve as its agent to administer and enforce the subdivision ordinance. Also, Subdivision Agent. Alley: An open way that affords a service tarred by any localastate or ferbage lderal govelrnmen mail) means of access to an abutting property, but is not Applicant: A person who has submitted a plat and/or plans to the County for the purpose of obtaining approval of a subdivision-of-property-and/or--a-development. Building Envelope: That area within which the principal structure may be located on a property in compliance with all minimum setback requirements of the zoning ordinance. Chapter. The Subdivision Ordinance of the County of Roanoke, Virginia. Clerk's Office: Clerk's Office of the Circuit Court for the County of Roanoke, Virginia. Commission: The Planning Commission of the County of Roanoke, Virginia. County: The County of Roanoke, Virginia. Conservation Parcel: A parcel that has been dedicated aaeasement or other transferand trust, homeowners, ownership, and set ndominium, or similar association, government agency or other entity through n aside in perpetuity as open space. Department of Transportation Standards of Virginia: The "Subdivision Street Requirements," Virginia Department of Highways and Transportation (1996); "Road and Bridge Standards," Vols. I and II, Virginia Department of Highways and Transportation (1994); and comparable or later revisions of these works. Developer. Any person or legal entity proposing to undertake the construction of buildings or other structures, or the development of land upon or within a subdivision or any portion thereof. Development: A tract of land developed or to be developed as a unit under single ownership or unified control that is to be used for any business or industrial purpose or is to contain p fivype (5) or moreresidential dwelling units. The term "development" shall not be construed to include an roe that will be principally devoted to agricultural production. Driveway: A private road giving access from a public way to a building on abutting grounds. Easement: A right expressed in recorded writing, given by the owner of land to another party of specific limited use of that land (i.e., access, pedestrian, greenway, drainage, water, sewer, public utility). Family, Immediate — Any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent, or parent of the owner. This definition shall automatically include any mandatory family member as defined in the Code tof Colne of190,Virginia amended), ), anamed shall not automatically include any elective family members as allowed in the State law reference — Va. Code § 15.2-2244 Governing body. The Board of Supervisors of the County of Roanoke, Virginia. 7 Draft for Planning Commission Public Hearing 1/30/02 Subdivision: The division of a parcel ofn elocationtwo , (or) �acat�on of existing boundary I nes, for hestablishment e purposef new boundary lines or fu the adjustment,ftransfer whether immediate or future, of transfe orot�on of any such suship or lbdi vision prey ously recorded subdivision includes all which building changes in street or lot lines, and any pion. The transfer of development or street creation occurs, of Virginia or is e oe a political eeuent subdivision cthereof oand the division of bands ownership of land to the Commonweal by court order or decree shall not be deemed a subdivision as otherwise herein defined. Subdivision Agent: A duly authorized representative of the Planning Commission appointed by the Board of Supervisors to serve as its agent to administer and enforce the subdivision ordinance. Also, age Subdivision, Major A subdivision of five (5) or more lots. Subdivision, Minor. A subdivision of four (4) or fewer lots. lat Survey, ALTA/AGSM (American Land Title Ah wc�atian/American Congress as-bu'It survey and � cludeseying & an easementnguara nee generally prepared for lending institutions showing and title report. This type of plat does not require the approval of the agent. Survey, Boundary: A plat delineating the form, extent and position of a parcel of land not require the approval of the agent. or portion thereof, before or after This type of plat does Vacation of Recorded Plat: The nullification of a previously recorded plat, the sale of any lot created therein. VDOT: The Virginia Department of Transportation Waiver: An exemption from or variation of the terms of this subdivision ordinance. ARTICLE IV. PLAT SUBMISSIONS 25-4 DIVISION 1. IN GENERAL 29-4.1 Submission of subdivision plat to agent (a) Whenever a subdivision is proposed to be made and before eof a conveyance any roposed sufbdivisionn, or subdivision h s duly whole or any part thereof is made, the owner or proprietor pfor authorized representative, shall file shallat finthe all proposed respects be iinsubdivision full compliancewiagent th the prop sionsl of this plat and all procedures relating thereto chapter and all applicable laws nrdinanceesahere cting or regulating the subdivision of land, the use thereof, and the erection of b gs or structueption of those (b) All subdivision plats require the or hose thaw and t how parcels roval of the gent with the meeting certainccriiiteria such as that boundary or ALTA/ACSM surveysity and mpion. Thfollowin e shall be aced on these st ny conservation lots. The agent approve a sionxundetr the curerent RoanoketCounty Subd v sion and/or plats: "This plat does not constitute Zoning Ordinances." oining (c) When the land proposed to b hail sudbmitted, reved lies iewed ewed� Countyn the partly and approved by heplann ng comrnn an J issionn or locality, the subdivision plat s other designated agent of each locality wherein the {and is located. (d) Any change in a recorded subdivision plat that modifies, creates, or adjusts boundary lines in aney moaner ny and under the of record, providher orendot recorded before the adoptioconstitutes a nsubdivision. of a subdivisionon ordinance. ce. Where subdivision plat of record, a street, alley, easement for public passage, or other public area or easement laid out or described in such plat is affected, the plat, or pertinent part thereof, shall be vacated before resubdivision. 9 Draft for Planning Commission Public Blearing 1!30102 IM dimensions of all streets entering the property, adjacent to the property or (a) Include the name, location, e to be subdivided; terminating at the boundary of the property gradients, (b) Show the approximate location of natural features, such as slopes with approximate watercourses; (c) Include approximate dimensions of existing and proposed property lines; (d) Show existing utilities and easements. 29-5.3 Process of Review — Preliminary !Final Plat Review fee shall be A preliminary plat accepted for review and accompaniedsubmitted digitally t Ily the subdivision in accordance review County regulations. deemed (a) p Plats may be submi 9 officially submitted to the County. b The agent is authorized to review the preliminary plat for conformity with County and State ordinances. () pre plat within sixty (60) days of submission. In the event The agent shall complete action on a p t by a state agency is necessary, the agent shall that approval of a feature or features of a preliminary plaagenc g i uirements for forward the preliminary plat to the appropriate state agency or es for review. Req review, including time limitations, shall be in accordance with the provisions of Section 15.2-2260 of the Code of Virginia (1950, as amended). (c) The agent shall address any items required for final plat approval in writing to the applicant. These items must be addressed within six (6) months of the written notification or the preliminary plat (d) shall be deemed null and void. Should this occur, a resubmission of the plat will be necessary and payment of new review fees may be required. copy shall submit a mylar, vellum, or black line paper royal (e) Once the items have been addressed, the applicant or for the agent's app of the final plat with original signatures of the owners and land survey signature. own on The statement of consent to subdivision is se io 'nh describn the ed lad (here �insert whichent co ect description o ned (fl the plat: "The platting or dedication of the folloce with wing ed before the land subdivided) is with the free consent statement and in csha be signed and duly acknowledged ers g owners, proprietors, and trustees, if any. T an officer authorized to take acknowledge 2 nt of deeds. State law reference — Va. Code § a licensed professional (g) Every final subdivision plat which is intended for recording shall be prepared by ficate signed by him setting forth the engineer or land surveyor, wootheala s°bdivided and thee upon each aplace ot a lf record of he last instrument in the source of title of the owner chain of title. When the plat is of land acquired from more than one source of title, the outlines oft e several tracts shall be indicated upon the 5plat. State law reference —Va. Code § ounty Once the agent reviews the final plat and finds it to has been be in Toric a ly subm tted o5.2-2262 th the ar resubmitte and ted (h) ted for ordinances, it must be signed within sixty (60) days a approval.royal i} The final plat must be recorded in the Clerk's Office within six (6) months of the agent's app ( If the final plat is not recorded within six (6) months, the agent's approval shall be deemed signature. withdrawn and the final plat shall be null and void. After recordation, three (3) paper copies of the recorded minor in r s di must ble returned to the aat must be gent the �) vision P agent; one Mylar or black line copy of a recorded mal 11 Draft for Planning Commission Public Hearing 1130102 ;_ , ni„inner and FEMA flood hazard zone. ,how FEMA Map NUmDei u, -„-•_.._ the agent. .opography map on a suitable scale and contour intervals when required tinning Commission. show a signature an7-777=d date blank for the agent, Roanoke County adjacent to or on this site drains an upstrea at r "The greaterthan Nhere applicable, the surveyor must determine whether the natural watercourses) If so, the surveyor must show the elevation of the 100 -year floodplain on each lot and add the following note to the p 100 acres tream area of greater than 100 acres. A detailed flood study must be made and an elevatiRQanoke Sue may b bdivision s on crossing this property drains an ups ” and the County of me re wired before an building ermits can be issued on this rope purposes of ensuring compliance with the Show the statement of consent to subdivisions from the State Code of Virginia Subdivision Agent 1950 (as Is forthepure mems, applicable to the Ordinance reference. plat: "Approval hereof by the Roanoke County Sub Note the following on the p trance with restrictive covenants or other title require oanoke County Subdivision Ordinance. Private matters, such as come drain fields. ro erties shown hereon, are not reviewed or ndpeserve areas (if applicable)roved with regard to this bbut n'ot Proposed r subdivision.' The general locations of existing drain fields a this subdivision plat have been evaluated by the personnel of the Virginia Department of Health and/or an authorizer note statin the a of se tics stem bels used i.e., convention:bal onw alth o'f Virginia Sewage Handling and Disposal Regulations entitled 32.' note stating "All lots shown on permit,” nsite soil evaluator and have met the criteria h l set forth in th Code of Vir inia, as amended to date, and each lot or parcel is eligible for a septicP ny non-public means of water service. water meters andlc which easements serve which lots. if any y existing or proposed public utility or other easements and a dedication statemen . ny existing or proposed private utty or other eases s, hen p a statement describing re set at old pro erty ' private easements ma be required to provide service to the newt configured lots. ewer lateral connections we lakes, greenways, etc. Other important features such as railroad rights othe created tract(s).f ccess easements from the public right-of-way Il parcels of land designated, or reasonably expected to be rc q ted by the VDOT fired for future street widening shall be dedicated.ate and its maintenance, inciudi P that will be ac p this lot is pnv dedication statement for street rights-of-way note on each sheat of the plat: "The road serving system for maintenance until such time For private access easements, show the following Transportation for the addition of subdivisionmolded v now removal, is not a public responsibility. It shall not be eligible for acceptance into the state secondary Y it is constructed and otherwise complies with all requirements of the Virginia Department of Traddi such request. Any costs required to cause othis Trans street ortation�me eligible for addition into the state system shall be p current th the time of s r streets. unds other than those administered b the Vir inia De la t de and proposed he names and VDO7 route numbers for all existing, P rescri tive easement if one exists. and is not nto be used as a sepa idth of existing, platted, and proposed streets indicating a p P If applicable, a note stating that "Tax map umber _ is to be added and combined with tax map number buildin lot" ALTAIACSM plats may show the following note on the plat and will not require the signature of the agent: "This su Plats showing Boundary and does not constitute a subdivision under the current Roanoke Coun Subdivision and/or Zonis Ordinance. uiremerlts, the If a proposed subdivision is using the Family Exemption provision, in addition to the above req requirements shown in Table 2 must also be included. Table 2 mended, and the Code of Virginia, as amended. Conveyance to any other pe note stating "Approval of this subdivision is subject to the condition that the parcel subdivided can only be conveyed to a member of the rmme� l to subsequent reconveyance:' 'interests fran amity as set forth in Roanoke County's Subdivision Ordinance, or entity voids approval. 'This restriction does not apply hat are available in the Development Revieow Office short -team lnveat the f, mily subdivision is for the passing of real property ffidavits t amil member to another, rather than for the ur ose copy of the proposed deed(s) from one family member to the other. the plat: description of the family relationship in the consent statement or the following show�ra {d notarized g conveyed to is my legal_--_--- New ,I �_, do hereby certify that ---- is Term of validity of preliminary plat tat within which to file a months from the date of approval of the preliminary p The subdivider shall have six (6) this chapter for the subdivision or section final plat meeting all of the submittal require preliminary ts established ' re to do so shall make the p lata royal null and void and will require a new thereof. Failure submittal and approval. 13 Draft for Planning Commission Public Hearing 1/30/02 29-6.4 Effect of approval on final plat be ce. Boundary and (a) Only a final subdivision plat approved by the age thent a ALTAIACSM plats do not require the aof pproval Upon dreview, in the Cthe kageOnft may exempt other plats, as appropriate. ) months of of (b) An approved final plat must be recorded 'ontof fahe lcil tie erk'sOtofcbe dedicatede within six 6for public use hasecommpecced However, in any case where cons pursuant to an approved plan or permit, with surety approved by the agent or with surety furnished on pursuant to the Roanoke Countytime Idingspecified policy, he time the surety plat re recordation whichever is greaaerd t° one year after final approval or to the State law reference — Va. Code § 15.2-2241(8) (c) In any case where a deed of dedication accompanies the final plat, both the final plat and the deed of dedication shall be recorded contemporaneously. (d) The subdivider shall record any required deeds of easement to a homeowner's association contemporaneously with the final plat. (e) No permit or other approval authorizing the erection of any building or structure to be located in any subdivision, a plat of which is required pursuant adm admitted to record asthis p o�ded foren this, lobdi anceissued by the building commissioner until Such plat has been (f) If the subdivider fails to timely record the sfinal plat, may n h marked al shall be null and void and the subdivider shall return the plat to the agent State law reference —Va. Code § 15.2-2241(8) 29-6.5 Recordation in phases If a developer records a final plat which may be a section ofa subdivision escrow, bond as shown or letter of pon an proved n preliminary plat and furnishes to the governing body a certified , the amount of the estimated cost of constructionoCommonwealth, facilities orother publicc adedgency, hecated hdevel�oper shallfha pe bhe use and maintained by the locality the C plat for period of five years from the right to record the remaining sections shown on the preliminary p P recordation date of the first section, or for such h longersize and phasrioing of theas the gproposed development, approval,ent may, at the determine dbjectlto the be reasonable, taking into consideration t terms and conditions of this subsection and subject ing to engineering is ering a d. nd construction standards and zoning requirements in effect at the time 15 2-2241 State law reference — Va. Code § 29-6.6 Effect of recordation of approved plat ion of (a) The recordation of an approved plat shall operate to transfer, in fee simple, to the County the eastement the premises set apart for streets or other public use, and to transfer to the County such any indicated on the plat to create a public easement right of passage ver the on heland. The plat for theeconveyan of of stormwaterplat l operate to transfer to the County such domestic water and sewage, including the installation and maintenance of any facilities utilized for such purposes, as the County may require. agent a roves, in accordance with this ordinance, a plat or replat of land, then upon the (b) When the pp the recording of the plat or replat in thClerk's kos Office, elxcepttas shownethereon,t shall be terminated f and County in the land included on thep P urchase for valuable extinguished. However, an interest acquired by the County by condemnation, by p ic consideration and evidenced by a separateesub�ect t instrument provisions n Sections 29--17.1 an 29d streets and/or 117 2 of this passage shall not be affected thereby, 1 ordinance and Sections 15.2-2271 and 15.2-2272 for the vacation of plats. State law reference — Va. Code § 15.2-2265 15 Draft for Planning Commission Public Hearing 1/30/02 (i) Street names shall be shown on the preliminary and final plats and shall be approved by the agent. Proposed streets that are in alignment with existing streets shall bear the name of the existing street. In no case shall the name of the proposed streets duplicate or be similar, literally or phonetically, to existing street names, regardless of the use of the terms street, avenue, boulevard, driveway, place, lane, court, or other suffixes approved by the County for E-911. Any street that is a prolongation or approximately a prolongation of an existing street shall be given the same name. Names of existing streets shall not be changed except by the approval of the County. Q) Except as provided in subsection (i) of this section, no street shall be designated by the same name as that heretofore borne by any other street in the region as determined by the agent, irrespective of the use of any suffix. (k) The subdivider shall make a provision for the dedication to the County of Roanoke of proposed street extensions transferring the fee simple title to land for public streets. These proposed streets shall conform to the duly adopted standards relating to the street design and construction, established in the VDOT of Transportation Subdivision Street Requirements and the County's Public Street and Parking Design Standards and Specifications Manual. (1) Street name and traffic regulatory signs of a design approved by the County and VDOT, as required, shall be installed at the owner's expense at all street intersections if deemed necessary by these entities. (m) Private road subdivisions shall only be permitted in accordance with the zoning ordinance in zoning districts that permit such subdivisions. 29-12 DIVISION 3. STORMWATER MANAGEMENT REQUIREMENTS (a) Streets, pedestrian paths, and greenways shall be designed to minimize their potential for increasing and aggravating the flood level. (b) A drainage system shall be provided for by means of culverts under roadways, outlet drains, necessary head walls, easement for drainage through adjacent properties and other structures that are necessary to provide adequate drainage of both natural and storm water for all streets and adjoining properties. (c) Land in the floodplain overlay district of the zoning ordinance and land deemed to be topographically unsuitable because of flooding shall not be platted for residential occupancy or for such other uses that may increase danger to health, life or property, or cause erosion or flood hazards. Such land within the subdivision shall be identified on the plat as flood hazard areas. (d) All developments shall comply with the County Stormwater Management Ordinance. 29-13 — 29-15 Reserved ARTICLE VI. REPLATS AND VACATIONS 29-16 DIVISION 1. REPLATS 29-16.1 Relocation or vacation of boundary lines (a) Any subdivision plat recordation or part thereof, having been recorded, may be vacated in accordance with the provisions of the Code of Virginia (1950, as amended). (b) The boundary lines of any lot or parcel of land may be relocated or otherwise altered as a part of an otherwise valid and properly recorded plat of subdivision or resubdivision approved by the agent and executed by the owner or owners of such land with their free will and consent. This shall not apply to the relocation or alteration of streets, alleys, easements for public passage, public or other easements or utility rights-of-way without the express consent of all persons holding any interest therein. 17 cc: File John Murphy, Associate Planner Circuit Court Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, Judge James R. Swanson, 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 Gary Robertson, Director, Utility 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 Danial Morris, Director, Finance O. Arnold Covey, Director, Community Development Janet Scheid, Senior Planner David Davis, 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 Nancy Horn, Commissioner of Revenue s