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Home My WebLink About11/13/2012 - RegularÎ±¿²±µ» Ý±«²¬§ Þ±¿®¼ ±º Í«°»®ª·±® ß¹»²¼¿ Ò±ª»³¾»® ïíô îðïî Good afternoon and welcome to our meeting for November 13, 2012. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Board of www.RoanokeCountyVA.gov.Our meetings are closed-captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Reverend Father Peter A. Day Holy Trinity Greek Orthodox Church 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 1. 2012 Digital Counties Survey Recognition (Elaine Carver, Acting Director of Communication and Information Technology) D. BRIEFINGS E. NEW BUSINESS 1. Presentation of results of operations for the fiscal year ended June 30, 2012, and request to appropriate $202,222 (Rebecca Owens, Director of Finance) Page 1 of 5 Î»±´«¬·±² ¿¼±°¬·²¹ ¿ Ô»¹·´¿¬·ª» Ð®±¹®¿³ º±® ¬¸» îðïí »·±² ±º ¬¸» Ê·®¹·²·¿ 2. Ù»²»®¿´ ß»³¾´§ ¿²¼ °»¬·¬·±²·²¹ ¬¸» Ù»²»®¿´ ß»³¾´§ ¬± º¿ª±®¿¾´§ ½±²·¼»® ¬¸» ¬±°·½ ¿²¼ ·«» ¿¼¼®»»¼ ¸»®»·² øÐ¿«´ Óò Ó¿¸±²»§ô Ý±«²¬§ ß¬¬±®²»§ ) 3. Resolution establishing a policy regarding opening invocations before meetings of the Board of Supervisors of Roanoke County (Paul M. Mahoney, County Attorney) 4. Resolution accepting for publication and conceptual phase consideration the unsolicited proposal from Shockey P3, LLC for the design and construction of a Criminal Justice Training Academy under the Public Private Recreational Facilities and Infrastructure Act (PPEA) of 2002 Assistant County Administrator) F. FIRST READING OF ORDINANCES 1. Ordinance authorizing the lease to Bent Mountain Center, Inc. for one year (plus option to extend for additional one-year periods) of the Bent Mountain Elementary School and appropriation of funds (B. Clayton Goodman III, County Administrator) 2. Ordinance authorizing the vacation of an existing twenty (20) foot Stormwater Management Easement as shown on the plat of Kingston Estates, recorded in Plat Book 26, page 16 in the Roanoke County Circuit Court Cl said Stormwater Management Easement located off Cambridge Court Road between Lots 58 and 59 and the approval of the dedication of a new variable width Stormwater Management Easement located off Cambridge Court Road between Lots 59 and 60 of the said same subdivision, Vinton Magisterial District (Arnold Covey, Director of Community Development) 3. Ordinance authorizing the granting of an electric utility easement to Appalachian Power (AEP) on property owned by the Roanoke County Board of Supervisors (Tax Map No. 055.13-01-02.02) for the purpose of an underground electric power line to the Glenvar Library at 3917 Daugherty Road, Glenvar Magisterial District (Paul M. Mahoney, County Attorney) 4. Ordinance amending Chapter 12 Motor Vehicles and Traffic of the Roanoke County Code by the addition of Article VII. Mopeds (Paul M. Mahoney, County Attorney) G. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance approving a lease with USCOC of Virginia (US Cellular) for a communications antenna tower at the Catawba Fire Station (Anne Marie Green, Director of General Services) Page 2 of 5 H. APPOINTMENTS 1. Capital Improvement Program (CIP) Review Committee (appointed by District) 2. Parks, Recreation and Tourism Advisory Commission (appointed by District) 3. Social Services Advisory Board (appointed by District) I. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes October 9, 2012; October 23, 2012 2. Request from the Roanoke County to accept and appropriate funds in the amount of $7,528 for a grant administered by the U. S. 3. Request to accept and appropriate $50,000 to the Roanoke County Schools from Pepsico Foodservice Company 4. Confirmation of appointments to the South Peak Community Development Authority 5. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Vicki L. James, Benefit Program Supervisor, upon her retirement after more than nine (9) years of service 6. Request to approve a Motor Vehicle Driving Record Policy for the County of Roanoke 7. Resolutions requesting acceptance of portions of Sierra Drive and Santa Anita Terrace into the Virginia Department of Transportation (VDOT) Secondary System J. REQUESTS FOR WORK SESSIONS K. REQUESTS FOR PUBLIC HEARINGS L. Page 3 of 5 M. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Comparative Statement of Budgeted and Actual Revenues as of October 31, 2012 5. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of October 31, 2012 6. Accounts Paid October 31, 2012 7. Quarterly Report Community Development Activities 8. Debt Information Report N. WORK SESSIONS 1. Work session to review health insurance, health care reform and potential of offering an optional health care plan for the 2013-2014 fiscal year (Rebecca Owens, Director of Finance; Joe Sgroi, Director of Human Resources; Anita Hassell, Assistant Director of Human Resources and Claire Holbrook, Vice President, Wells Fargo Insurance Consulting) O. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2.3711.A.1, personnel, namely discussion concerning appointments to the Blue Ridge Behavioral Healthcare Board of Directors; League of Older American Advisory Council and the Western Virginia Regional Jail Authority 2. Section 2.2-3711.A. 5 Discussion concerning three prospective businesses or industries where no previous announcement has been made of the businesses' or industries' interest in locating their facilities in Roanoke County ÛÊÛÒ×ÒÙ ÍÛÍÍ×ÑÒ éæðð ÐòÓò P. CERTIFICATION RESOLUTION Q. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Presentation from the U. S. Marine Corps Reserve Unit and the Marine Corps th League and appropriation of $20,000 proceeds from the 17 annual Marine Mud Run (Doug Blount, Director of Parks, Recreation and Tourism) Page 4 of 5 R. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of Jesus the Redeemer Church to obtain a Special Use Permit in a R-1, Low Density Residential, District for the operation of a religious assembly on approximately 5.671 acres, located near the 6900 block of Wood Haven Road, Catawba Magisterial District (Philip Thompson, Deputy Director of Planning) S. CITIZEN COMMENTS AND COMUNICATIONS T. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Charlotte A. Moore 2. Michael W. Altizer 3. 4. 5. Richard C. Flora U. ADJOURNMENT Page 5 of 5 ACTION NO. _______________ ITEM NO. _______C-1________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2012 AGENDA ITEM: 2012 Digital Counties Survey Recognition SUBMITTED BY: Elaine Carver Acting Director of Communications & Information Technology APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County is once again ranked among the top digital counties in the country having placed third for a community its size in the 2012 Digital Counties Survey competition. The survey is an annual study by the Center for Digital Government (CDG) and the National Association of Counties (NACo), which identifies best practices and recognizes those counties with exemplary digital service to their citizens. Competition within Digital Counties is based upon population categories derived from metropolitan statistical area (MSA) data and is based on a number of criteria. Roanoke County competed against localities with populations less than 150,000. In a press release announcing this year’s winners, Center for Digital Government Executive Director, Todd Sander, said, “This year counties are focused on saving money where they can by simplifying their information technology infrastructure and sharing systems with other governments. Many of them have found ways to provide better information security, transparency and citizen engagement with innovative uses of social media and advanced decision support tools.” Since 2004, Roanoke County’s use of information technology has been consistently recognized by the Center for Digital Government. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 13, 2012 RESOLUTION ADOPTING A LEGISLATIVE PROGRAM FOR THE 2013 SESSION OF THE VIRGINIA GENERAL ASSEMBLY AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of Statewide concern to be considered by the 2013 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2013 session of the Virginia General Assembly. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 2013 session of the Virginia General Assembly for its favorable consideration and adoption. 1) Amend Roanoke County Charter Roanoke County requests the General Assembly to amend either State Code or the Roanoke County Charter to shift the responsibility to raise taxes to support public education to the elected school board. 2) Amend 58.1-3916 Roanoke County requests the General Assembly to remove the requirement to pay interest on refunds for erroneous tax assessments and payments if the error is not the fault of County. 3) Legal Notices Roanoke County requests the General assembly to eliminate the requirement for publication of legal notices in newspapers. Roanoke County spent over $18,000 in legal notice publication costs last year. Paid circulation of newspapers is dropping. More citizens are getting their information from the internet. Page 1 of 4 4) Local fines and penalties (Items 40#2c, 139#8c, 3-6.04#2c). Under the 2012 budget amendments, all fines and fees from General District Courts, Juvenile and Domestic Relations Districts Courts, and the Magistrate system would be deposited directly into the State treasury. The Auditor of Public Accounts would determine those localities in which total fines and fee collections exceed forty percent (40%) of the total collections. The State Comptroller would deduct one-half of the amount in excess of forty percent (40%) and deposit those local fines and fees into the Literary Fund. Only then would the Commonwealth return the remaining fines and fees to local governments, after deducting its administrative expenses. This is a bureaucratically expensive and confusing system, which will probably be amended and corrected in the 2013 session. Roanoke County believes that there is a better solution to increase funding for the Literary Fund without all of the delay and bureaucratic expense. 5) AOSS (Alternative On-Site Discharge Systems) a) To operate effectively these systems must be designed, inspected and maintained. To eliminate any one of these three elements creates the potential for a public health risk and environmental hazard for the owner and his/her neighbors. When these systems fail, localities will often be the only remaining party left to clean up the mess. Roanoke County requests that the General Assembly return to localities the authority to regulate these systems. b) When the owner of an AOSS refuses to correct deficiencies identified during a required annual inspection, or when an owner cannot afford to repair or replace a failed AOSS, then allow localities to impose civil penalties and as a last resort the authority to repair and place a lien on the property. c) Authorize a portion of the State permit fees for AOSS to be used for loans to owners who cannot afford to repair. 6) CSA Current biennial budget appears to impose a cap on certain mandated "wrap around" services. The administration has attempted to identify these services as "non-mandated", but local governments and House Appropriations staffs have opined that the services intended to be covered by this language do meet criteria for "mandated" services, and therefore should be considered as “sum sufficient”. Although the amount appropriated appears to be sufficient at this time, the future expenses are unknown. This action sets a precedent in capping the expenses related to treatment of mandated services. Roanoke County requests the General Assembly to: Page 2 of 4 a) Amend the 2012 legislation to allow for local designees to be named to the State Executive Council. b) Do not shift onto local governments and real estate taxpayers the expense of federal penalties, when the Commonwealth fails to meet its obligations for human services programs, including adequate administrative funding, technology, training and technical assistance necessary to properly do the job. c) Support a requirement that the State Executive Council and the Comprehensive Services Act follow the Administrative Process Act in promulgating, amending or repealing regulations. 7) Local Government State Funding and Mandates – As the General Assembly reviews the biennial budget, it is requested that if the General Assembly is required to further reduce local government funding that it also investigate the need to reduce or eliminate State mandates in relationship to the budgetary cuts. For the past three years the General Assembly has required local governments to either arbitrarily cut State-supported local programs or to appropriate funds to the Commonwealth to pay an additional portion of these required costs. State revenues have improved while local government revenues have remained stagnant (being substantially reliant upon real estate assessments). Roanoke County requests the General Assembly to eliminate the requirement for “local support for the Commonwealth” (current year amount $556,580 and next year $456,285), and to repeal of the State’s fiscal year 2013 ($50 million) and fiscal year 2014 ($45 million) reductions in Aid to Localities. Instituted in fiscal year 2009, these reductions are in addition to program specific cuts such as State budget reductions in K-12 public education, constitutional officers, human services and public safety. 8) Roanoke County supports legislation to correct deficiencies in the “Licensing and Regulation of Cable Television Systems” legislation (2006 Acts of Assembly, Chapters 73, 76, Section 15.2-2108.19, et seq.). These corrections should strengthen the opportunity for local governments to enforce commitments by cable operations, assure upgrades in technology, enhance penalties for failure to comply with any ordinance and provide an efficient and inexpensive method to revoke non-performing franchises. 9) Line of Duty Act Roanoke County requests the General Assembly to fully fund the Line of Duty Act (LODA) obligations that were authorized, by the Code of Virginia, prior to budget language changes in fiscal year 2010-2012. Those budget changes mandate the former State LODA program to be a locally funded program. Page 3 of 4 10) Circuit Court Judges Currently the 23rd Judicial Circuit has authorized six (6) circuit court judges. Two of these judges have decided to retire in early 2013; however, the General Assembly has decided not to appoint new judges to fill judicial vacancies. Failure to fill these judicial vacancies will adversely impact the citizens of this judicial circuit by delaying the timely resolution of civil disputes and the resolution of criminal charges. Justice delayed is justice denied. Therefore Roanoke County requests the General Assembly to fill these judicial vacancies immediately. That the Clerk to the Board of Supervisors is directed to send an attested copy of this resolution to Governor McDonnell, Senator John S. Edwards, Senator Ralph Smith, Delegate Greg Habeeb, Delegate Onzlee Ware, Stephanie Moon, Roanoke City Clerk; Members of the Roanoke City Council; Kevin S. Boggess, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley-Alleghany Regional Commission, and the Virginia Association of Counties. Page 4 of 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 RESOLUTION ESTABLISHING A POLICY REGARDING OPENING INVOCATIONS BEFORE MEETINGS OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY WHEREAS, the Board of Supervisors (“the Board”) is an elected legislative and deliberative public body, serving the citizens of Roanoke County, Virginia; and WHEREAS, the Board wishes to solemnize its proceedings by allowing for an opening invocation before each meeting, for the benefit and blessing of the Board; and WHEREAS, the Board now desires to adopt this formal, written policy to clarify and codify its invocation practices; and WHEREAS, our country’s Founders recognized that we possess certain rights that cannot be awarded, surrendered, nor corrupted by human power, and the Founders explicitly attributed the origin of these, our inalienable rights, to a Creator. These rights ultimately ensure the self-government manifest in our deliberative bodies, upon which we desire to invoke divine guidance and blessing; and WHEREAS, in Marsh v. Chambers, 463 U.S. 783 (1983), the United States Supreme Court validated the Nebraska Legislature’s practice of opening each day of its sessions with a prayer by a chaplain paid with taxpayer dollars, and specifically concluded, “The opening of sessions of legislative and other deliberative public bodies with prayer is deeply embedded in the history and tradition of this country. From colonial times through the founding of the Republic and ever since, the practice of legislative prayer has coexisted with the principles of disestablishment and religious freedom.” Id., at 786; and Page 1 of 12 WHEREAS, the Board desires to avail itself of the Supreme Court’s recognition that it is constitutionally permissible for a public body to “invoke divine guidance” on its work.Id.,at 792. Such invocation “is not, in these circumstances, an ‘establishment’ of religion or a step toward establishment; it is simply a tolerable acknowledgment of beliefs widely held among the people of this country.” Id.; and WHEREAS, the Supreme Court also famously observed in Zorach v. Clauson, 343 U.S. 306, (1952), “We are a religious people whose institutions presuppose a Supreme Being.” Id.,at 313-14; and WHEREAS, the Supreme Court acknowledged in Holy Trinity Church v. United States,143 U.S. 457 (1892), that the American people have long followed a “custom of opening sessions of all deliberative bodies and most conventions with prayer...,” Id.,at 471; and WHEREAS, the Supreme Court has determined, “The content of [such] prayer is not of concern to judges where . . . there is no indication that the prayer opportunity has been exploited to proselytize or advance any one, or to disparage any other, faith or belief.”Marsh,463 U.S. at 794-795; and WHEREAS, the Supreme Court also proclaimed that it is not the job of the courts or deliberative public bodies “to embark on a sensitive evaluation or to parse the content of a particular prayer” offered before a deliberative public body. Id.; and WHEREAS, this Board is not establishing a policy that defines the Constitutional limits for permissible public invocations, this Board intends to adopt guidelines that are Page 2 of 12 consistent with the guidance provided by the several courts that have considered the validity of public invocations; and WHEREAS, this Board is only bound by the decisions of the United States Court of Appeals for the Fourth Circuit, the United States Court of Appeals in several federal circuits have provided general guidance to help ensure that policies concerning pubic invocations are consistent with the Constitution; and WHEREAS, in Simpson v. Chesterfield County Bd. of Supervisors, 404 F.3d th 276(4 Cir. 2004), cert. denied, the United States Court of Appeals for the Fourth Circuit specifically approved as constitutional the invocation policy of a county board making a number of key findings, including the facts that the Simpson policy: (1) Established a practice of compiling a list of local monotheistic congregations, “with addresses taken primarily from the phone book,” whereto the county clerk would send an invitation each December addressed to the “religious leader” of each congregation, Id., at 279; and (2) Required the county clerk to schedule respondents to the invitation “to give the invocation on a first-come, first-serve basis,” Id.; and (3) Thus, "made plain that [the county board] was not affiliated with any one specific faith by opening its doors to a wide pool of clergy." Id., at 286; and WHEREAS, the Fourth Circuit showed little concern that the invocations before Board meetings in Simpsonincluded prayers that were “traditionally made to a divinity that is consistent with the Judeo-Christian tradition,” Id., at 280, because Marsh also considered, and found constitutionally acceptable, the fact that the prayers in question Page 3 of 12 fit broadly within ‘the Judeo-Christian tradition.’” Id.,at 283 (quoting Marsh,463 U.S. at 793); and WHEREAS, the Fourth Circuit’s ruling in Simpson can be distinguished from its th earlier decision in Wynne v. Town of Great Falls, 376 F.3d 292 (4 Cir. 2002), cert. denied,where a town Board “improperly ‘exploited’ a ‘prayer opportunity’ to ‘advance’ one religion over others.” Id., at 298 (quoting Marsh, 463 U.S. at 794); and WHEREAS, the Board intends to avoid the unique circumstances that rendered the practices at issue in Wynne unconstitutional, including the facts that: (1) The Town Council “steadfastly refused” to allow any “deity associated with any specific faith other than Christianity” to be invoked, Id.,at 300, n.5; and (2) Town Council members publicly chided and “ostracized” those who refused to participate in their prayers, Id., at 295; and (3) The refusal to participate in prayers “adversely affected [a citizens] right to participate in the Council meetings.” Id., at 299, n.4; and WHEREAS, The Fourth Circuit’s ruling in Joyner v. Forsyth County, 653 F.3d. th 341 (4 Cir. 2011), approved the practice of following a neutral policy that invites religious leaders from diverse religious institutions serving the local community to voluntarily offer an invocation before public meetings, but required the council to proactively discourage “sectarian references” while finding that “occasional sectarian references” do not violate the Constitution; and Page 4 of 12 WHEREAS, the Board intends, and has intended in past practice, to adopt a policy that does not proselytize or advance any particular faith, or show any purposeful preference of one religious view to the exclusion of others; and WHEREAS, the Board intends to adopt a policy that will not show a purposeful preference of one religious view over another by not permitting the faith of the person offering the invocation to be considered when extending an invitation; and WHEREAS, the Supreme Court recognized in Marsh v. Chambers, 463 U.S. at 786, this country’s history and tradition of opening sessions of deliberative public bodies with an invocation and affirmed in Lynch v. Donnelly, 465 U.S. 668 (1984), that “Our history is replete with official references to the value and invocation of Divine guidance in deliberations and pronouncements of the Founding Fathers and contemporary leaders.”Id.,at 675, and the Board believes that clergy that serve the local community are peculiarly suited through training, tradition, and public service to petition for divine guidance upon the deliberations of the Board, and to accomplish the Board’s objective to solemnize public occasions, express confidence in the future, and to encourage the recognition of what is worthy of appreciation in society. See Lynch, 465 U.S. at 693 (O’Conner concurring); and WHEREAS, the Board accepts as binding the applicability of general principles of law and all the rights and obligations afforded under the United States and Virginia Constitutions and statutes. Page 5 of 12 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the Board hereby adopts the following written policy regarding opening invocations before meetings of the Board, to wit: 1. It is the intent of the Board to allow a private citizen to solemnize the proceedings of the Board of Supervisors. It is the policy of the Board to allow for an invocation, which may include a prayer, a reflective moment of silence, or a short solemnizing message, to be offered before its meetings for the benefit of the Board. 2. Although the invocation may be listed in the program or schedule of events on a separate introduction page, it shall not be considered an agenda item for the meeting or part of the public business. 3. No member or employee of the Board or any other person in attendance at the meeting shall be required to participate in any prayer that is offered. 4. The prayer shall be voluntarily delivered by an eligible member of the clergy in the County of Roanoke, the Counties of Montgomery, Botetourt, Bedford and Franklin, the Town of Vinton, and the Cities of Roanoke and Salem. To ensure that such person (the “invocation speaker”) is selected from among a wide pool of the region’s clergy, on a rotating basis, the invocation speaker shall be selected according to the following procedure: a. The Clerk to the Board (the “Clerk”) shall compile and maintain a database (the “Invocations List”) of the religious congregations with an established presence in the County of Roanoke, the Counties of Montgomery, Botetourt, Bedford and Franklin, the Town of Vinton, and the Cities of Roanoke and Salem. Page 6 of 12 b. The Invocations List shall be compiled by referencing the listing for “churches,” “congregations,” or other religious assemblies in the annual phonebook publication distributed by the company that holds the telecommunication franchise for the Roanoke Valley, research from the Internet, and consultation with local chambers of commerce. All religious congregations with an established presence in the local communities of the County of Roanoke, the Counties of Montgomery, Botetourt, Bedford and Franklin, the Town of Vinton, and the Cities of Roanoke and Salem are eligible to be included in the Invocations List, and any such congregation can confirm its inclusion by specific written request to the Clerk. In addition, the County shall solicit the participation of any private citizen or religious congregation through the County’s website and on Roanoke Valley Television (RVTV). c. The policy is intended to be and shall be applied in a way that is all- inclusive of every diverse religious congregation in the County of Roanoke, the Counties of Montgomery, Botetourt, Bedford and Franklin, the Town of Vinton, and the Cities of Roanoke and Salem. The Invocations List is compiled and used for purposes of logistics, efficiency, and equal opportunity for all of the community’s religious leaders, who may themselves choose whether to respond to the Board’s invitation and participate. Should a question arise as to the authenticity of a religious congregation, the Clerk shall refer to Page 7 of 12 criteria used by the Internal Revenue Service in its determination of those religious organizations that would legitimately qualify for I.R.C. § 501(c)(3) tax-exempt status. d. The Invocations List shall also include the name and contact information of any chaplain who may serve one or more of the fire departments or law enforcement agencies of County of Roanoke, the Counties of Montgomery, Botetourt, Bedford and Franklin, the Town of Vinton, and the Cities of Roanoke and Salem. e. The Invocations List shall also include the name and contact information of any religious congregation located outside the region if such religious congregation is attended by at least one resident of the County and such resident requests the inclusion of said religious congregation by specific written communication to the Clerk. f. The Invocations List shall be updated, by reasonable efforts of the Clerk, in November of each calendar year. g. Within thirty (30) days of the effective date of this policy, and on or about December 1 of each calendar year thereafter, the Clerk shall mail an invitation addressed to the “religious leader” of each congregation listed on the Invocations List, as well as to the individual chaplains included on the Invocations List. Page 8 of 12 h. The invitation shall be dated at the top of the page, signed by the Clerk at the bottom of the page, and read as follows: Dear Religious leader, The Board of Supervisors of Roanoke County makes it a policy to invite members of the clergy in our regionto voluntarily offer an invocation before the beginning of its meetings, for the benefit and blessing of the Board. As the leader of one of the religious congregations with an established presence in the local community, or in your capacity as a chaplain for one of the local fire departments or law enforcement agencies, you are eligible to offer this important service at an upcoming meeting of the Board. If you are willing to assist the Board in this regard, please send a written reply at your earliest convenience to the Clerk to the Board at the address included on this letterhead. Clergy are scheduled on a first-come, first-serve basis. The dates of the Board’s scheduled meetings for the upcoming year are listed on the following, attached page. If you have a preference among the dates, please state that request in your written reply. This opportunity is voluntary, and you are free to offer the invocation according to the dictates of your own conscience. To maintain a spirit of respect and ecumenism, the Board requests that the opportunity not be exploited as an effort to convert others to the particular faith of the invocation speaker, nor to disparage any faith or belief different than that of the invocation speaker. The U.S. Court of Appeals for the Fourth Circuit opined in Joyner v. Forsyth County, th 653 F.3d. 341, 349 (4 Cir. 2011), that prayers at the opening of legislative sessions “must strive to be nondenominational so long as it is reasonably possible [;] should send a signal of welcome rather than exclusion [;] should not reject the tenets of other faiths in favor of just one [; … and may not] repeatedly suggest the government has put its weight behind a particular faith.” The Court further instructed the deliberative body to “be proactive in discouraging sectarian references” to avoid “occasional” references from becoming too “frequent” when the invocations are viewed as a collective. The County requests that you comply with these court guidelines accordingly. Page 9 of 12 On behalf of the Board of Supervisors, I thank you in advance for considering this invitation. Sincerely, Clerk to the Board i. As the invitation letter indicates, the respondents to the invitation shall be scheduled on a first-come, first-serve basis to deliver the invocation. j. In the event an eligible member of the clergy believes that the clerk has not complied with the terms of this policy, the clergy member has the right to have the matter reviewed by the Board. k. Any private citizen, including those who do not belong to religious congregation or who hold no religious beliefs may request the Clerk to be added to the list of persons delivering invocations. 5. No invocation speaker shall receive compensation for his or her service. 6. No guidelines or limitations shall be issued regarding an invocation’s content, except that the Board shall request by the language of this policy that invocations in the form of a prayer, when considered collectively, should avoid having “sectarian references” become too frequent and no invocation should proselytize or advance any faith, or disparage the religious faith or non-religious views of others. 7. The Clerk shall make every reasonable effort to ensure that a variety of eligible invocation speakers are scheduled for the Board meetings. In any event, no invocation speaker shall be scheduled to offer an invocation at consecutive meetings of the Board, or at more than three (3) Board meetings in any calendar year. If the Page 10 of 12 scheduled invocation speaker fails to appear, then the Board shall solemnize the proceedings with a reflective moment of silence. 8. Neither the Board nor the Clerk shall engage in any prior inquiry, review of, or involvement in, the content of any invocation to be offered by an invocation speaker. 9. To clarify the Board’s intentions, as stated herein above, the following disclaimer shall be included in at least ten (10) point font at the bottom of any printed program or schedule of events on the separate introduction page published by the Board: “Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board.” 10. Shortly before the opening gavel that officially begins the meeting and the agenda/business of the public, the Chairperson of the Board shall introduce the invocation speaker and invite those who wish to show respect for the traditional observances and/or the Board to stand. 11. This policy is not intended, and shall not be implemented or construed in any way, to affiliate the Board with, nor express the Board’s preference for, any faith or religious denomination. Rather, this policy is intended to acknowledge and express the Page 11 of 12 Board’s respect for the diversity of religious denominations and faiths represented and practiced among the citizens of Roanoke County. NOW, THEREFORE, BE IT FURTHER RESOLVED that this policy shall become effective from and after January 1, 2013. Page 12 of 12 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY NOVEMBER 13, 2012 RESOLUTION ACCEPTING FOR PUBLICATION AND CONCEPTUAL PHASE CONSIDERATION THE UNSOLICITED PROPOSAL FROM SHOCKEY P3, LLC FOR THE DESIGN AND CONSTRUCTION OF A NEW ROANOKE COUNTY CRIMINAL JUSTICE ACADEMY UNDER THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 WHEREAS, the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) allows the Roanoke County Board of Supervisors to create a public-private partnership to develop projects for public use; and WHEREAS, by Resolution 051303-4 the Board of Supervisors of Roanoke County adopted procedures for the implementation of the PPEA by Roanoke County; and WHEREAS, Shockey P3 LLC has submitted an unsolicited proposal under the provisions of the PPEA to construct a Criminal Justice Academy as an expansion of the City of Roanoke Police Academy; and WHEREAS, the Roanoke County Administrator and Roanoke City Manager and their respective law enforcement staffs have conceptually agreed that pursuing a joint facility could provide substantial operational and economic benefit to both jurisdictions; and WHEREAS, the County Administrator has reviewed this unsolicited proposal and has recommended to the Board of Supervisors this unsolicited proposal be formally accepted for review. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That there is a public need for a Criminal Justice Academy facility for Roanoke County. 2. That it chooses to accept the Shockey P3 LLC unsolicited proposal for publication andconceptual phase consideration. 3. That it will proceed to use procedures developed that are consistent with procurement of other than professional services through “competitive negotiation”, since doing so is likely to be advantageous to the County and the public based upon either (i) the probable scope, complexity or urgency of need, or (ii) the risk sharing, added value, increase in funding or economic benefit from the project would otherwise not be available. The scope and complexity of the development of a Criminal Justice Academy requires an innovative approach, such as competitive negotiation, to the design and construction of a new facility. 4. That the County Administrator, or an Assistant County Administrator, is directed to post and publish the required notice thus allowing an opportunity for competing preliminary proposals to be submitted. Due to the complexity of the proposed project and the County’s desire to encourage competition, the notice shall state that competing proposals must be submitted on or prior to January 31, 2013, to be considered, rather than the minimum of 45 day allowed by the Commonwealth of Virginia’s Public Private Educational Facilities and Infrastructure Act. The County Administrator is also authorized and directed to take such other actions as may be necessary to implement this resolution. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 ORDINANCE AUTHORIZING THE LEASE TO BENT MOUNTAIN CENTER INC. FOR ONE YEAR (PLUS OPTION TO EXTEND FOR ADDITIONAL ONE-YEAR PERIODS) OF THE BENT MOUNTAIN ELEMENTARY SCHOOL AND APPROPRIATION OF FUNDS WHEREAS, at their meeting on November 10, 2011, the County School Board declared the Bent Mountain Elementary School, a 9.15 acre parcel of real estate, to be surplus property,; and WHEREAS, by the adoption of Ordinance No. 011012-8 the Board accepted the conveyance of this property to the County, and the deed conveying the school property to the Board of Supervisors of Roanoke County was recorded in February of 2012; and WHEREAS, the Bent Mountain Center, Inc. has submitted a proposal to lease a portion of the Bent Mountain Elementary School property the Board of Supervisors; and WHEREAS, the Board of Supervisors finds that leasing a portion of the Bent Mountain Elementary School to the Bent Mountain Center, Inc., a 501C organization consisting of residents of the Bent Mountain community who are interested in preserving this structure as a community center will benefit the community; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the disposition of the herein-described real estate was held on November 13, 2012; the second reading and public hearing was held on December 11, 2012; and Page 1 of 2 2. That the lease of a portion of the Bent Mountain Elementary School consisting of approximately ___________ square feet and the adjoining parking area located at 10148 Tinsley Lane, Bent Mountain, Virginia is hereby authorized and approved; and 3. That it is in the County’s best interests to lease this property to Bent Mountain Center, Inc. for one year with additional one-year lease terms. This lease is subject to the provisions of Section 2.03 and 18.04 of the Roanoke County Charter. The annual rental for this property is One Dollar ($1.00); and 4. That the rental income will be appropriated to an account for expenses related to the maintenance of this property. Funds in the amount of Fifteen Thousand Dollars ($15,000) are hereby appropriated from the June 30, 2012, year-end balance for first year operating expenses, and that the County will pay up to Fifteen Thousand Dollars ($15,000) of future year’s operating expenses if this lease term is extended. 5. That the County Administrator, or his designee, is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 ORDINANCE AUTHORIZING THE VACATION OF AN EXISTING 20 FOOT STORMWATER MANAGEMENT EASEMENT AS SHOWN ON THE PLAT OF KINGSTON ESTATES, RECORD IN PLAT BOOK 26, PAGE 16 IN THE ROANOKE COUNTY CIRCUIT COURT CLERK’S OFFICE, SAID STORMWATER MANAGEMENT EASEMENT LOCATED OFF CAMBRIDGE COURT ROAD BETWEEN LOTS 58 AND 59 AND THE APPROVAL OF THE DEDICATION OF A NEW VARIABLE WIDTH STORMWATER MANAGEMENT EASEMENT LOCATED OFF CAMBRIDGE COURT ROAD BETWEEN LOTS 59 AND 60 OF THE SAID SAME SUBDIVISION, VINTON MAGISTERIAL DISTRICT WHEREAS, the plat of Kingston Estates, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 26, page 16, established a twenty (20) foot wide stormwater management easement between Lots 58 and 59; and WHEREAS, an alternate stormwater management easement has been dedicated and approved by the County by deed of easement (Instrument #______________________), therefore the stormwater management easement described above established in Plat Book 26, page 16 is no longer needed; and WHEREAS, the developer and property owners of Lots 58, 59 and 60 have requested the vacation of the stormwater management easement because of the steepness of the current easement; and WHEREAS, the stormwater management easement is more clearly indicated as “20’ Stormwater Management Facility Easement - To Be Vacated” on a drawing entitled “Kingston Estates Vacation of an existing 20’ Stormwater Management Easement and approval of the dedication of a new variable width Stormwater Management Easement” prepared by Roanoke County Department of Community Development and attached hereto as Exhibit A; and Page 1 of 3 WHEREAS, no other property owner will be affected by the vacation of this public utility easement; and WHEREAS, this vacation will not involve any cost to the County and the affected County departments and public utilities have raised no objection; and WHEREAS, notice has been given as required by Section 15.2-2204 of the Code of Virginia (1950, as amended. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on May 8, 2012, and a second reading and public hearing of this ordinance was held on May 22, 2012. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate (20’ wide stormwater management easement, which was dedicated by plat of Kingston Estates recorded in Plat Book 26, page 16 and shown on the attached Exhibit A) is hereby declared to be surplus and it will be replaced by a new easement in a different location. 3. That the subject real estate (twenty foot (20’) wide stormwater management easement which was dedicated by Kingston Estates recorded in Plat Book 26, page 16 and shown on the attached Exhibit A) be, and hereby is, vacated pursuant to Section 15.2- 2272 of the Code of Virginia,1950, as amended. 4. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner. Page 2 of 3 5. That the County Administrator, or any 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. 6. 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 Section 15.2-2272 of the Code of Virginia (1950, as amended). Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 13, 2012 ORDINANCE AUTHORIZING THE GRANTING OF AN ELECTRIC UTILITY EASEMENT TO APPALACHIAN POWER ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NO. 055.13-01-02.02) FOR THE PURPOSE OF AN UNDERGROUND ELECTRIC POWER LINE TO THE GLENVAR LIBRARY LOCATED AT 3917 DAUGHERTY ROAD, GLENVAR MAGISTERIAL DISTRICT WHEREAS, Appalachian Power Company (AEP) requires a permanent utility easement for purpose of providing electrical service to the newly constructed Glenvar Library from an existing overhead electric line; and WHEREAS, granting this utility easement for an underground electric line is necessary for the operation of the Glenvar Library; and WHEREAS, the proposed utility easement to the Glenvar Library will serve the interests of the public and is necessary for the public health, safety and welfare of the citizens of Roanoke County. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on November 13, 2012, and the second reading and public hearing of this ordinance was held on December 11, 2012. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to Appalachian Power Company for a utility easement. Page 1 of 2 3. That donation to Appalachian Power Company of a utility easement for purpose of an underground electric line, as shown on a plat titled “Proposed Right of Way on Property of Roanoke County Board of Supervisors”, prepared by Appalachian Power Company and dated 10/24/12, is hereby authorized and approved. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, 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. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMNISTRATION CENTER, TUESDAY, NOVEMBER 13, 2012 ORDINANCE AMENDING CHAPTER 12 – MOTOR VEHICLES AND TRAFFIC OF THE ROANOKE COUNTY CODE BY THE ADDITION OF ARTICLE VII. MOPEDS WHEREAS, Section 46.2-915.2 allows local governing bodies to adopt an ordinance to require certain safety equipment for persons operating mopeds on public streets; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, finds that more citizens are operating mopeds due to increased fuel and operating costs; and WHEREAS, the Board of Supervisors of Roanoke County finds that public safety will be enhanced and serious head injuries will be reduced by the adoption of this ordinance; and WHEREAS, the first reading of this ordinance was held on November 13, 2012, and the second reading was held on December 11, 2012. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 12 – Motor Vehicles and Traffic be amended by the addition of Article VII. Mopeds to read and provide as follows: Article VII. Mopeds Sec. 12-135. – Definition. "Moped" means every vehicle that travels on not more than three wheels in contact with the ground that has (i) a seat that is no less than twenty-four (24) inches in height, measured from the middle of the seat perpendicular to the ground and (ii) a gasoline, electric, or hybrid motor that displaces less than fifty (50) cubic centimeters. For purposes of this title, a moped shall be a motorcycle when operated at speeds in excess Page 1 of 2 of thirty-five (35) miles per hour. For purposes of Chapter 8 (§ 46.2-800 et seq.), a moped shall be a vehicle while operated on a highway. Sec. 12-136. – Safety equipment for mopeds. Every person operating a moped on a public street or highway in the county shall wear a face shield, safety glasses, or goggles of a type approved by the Superintendent of the Virginia State Police or have his moped equipped with safety glass or a windshield at all times while operating such vehicle, and operators and passengers thereon, if any, shall wear protective helmets of a type approved by the Superintendent. Sec. 12-137. – Penalties for violation. Any person who knowingly violates any such ordinance shall be guilty of a traffic infraction and be subject to a fine of not more than fifty dollars. 2. This ordinance shall be in full force and effect from and after its adoption. Page 2 of 2 Site Name: Catawba Site Number: 764307 GROUND LEASE This Ground Lease (“Lease”) is made and entered into by and between County of Roanoke Virginia, a political subdivision of the Commonwealth of Virginia, having an address at 5204 Bernard Drive P.O. Box 29880, Roanoke, Virginia 24018 hereinafter referred to as “Landlord,” and USCOC of Virginia, RSA #3, Inc., a Virginia corporation, having an address at Attention: Real Estate, 8410 West Bryn Mawr Avenue, Chicago, Illinois 60631, hereinafter referred to as “Tenant.” WHEREAS, Landlord is the fee owner of property with an address of 5585 Catawba Hospital Drive located in the County of Roanoke, Virginia, Commonwealth of Virginia legally described in Exhibit A attached hereto and incorporated by reference (the "Landlord's Parcel"). WHEREAS, Tenant desires to occupy, and Landlord is willing to provide Tenant such Premises (as hereinafter defined) on the Landlord’s Parcel for Tenant’s use, as set forth in this Lease. NOW THEREFORE, in consideration of the mutual promises, conditions, and other good and valuable consideration of the parties hereto, it is covenanted and agreed as follows: 1.Grant of Lease. a.Landlord hereby leases to Tenant following described parcel (the “Leasehold Parcel”): Approximate dimensions: 100’ x 100’ Approximate square footage: 10,000 Legal descriptions of the Landlord’s Parcel and the Tenant’s Premises are attached hereto as Exhibit A and a Site Plan of the Leasehold Parcel is attached to the lease as Exhibit B. 2.Grant of Easements. Landlord hereby grants to Tenant an access easement thirty (30) feet in width from the Leasehold Parcel to the nearest accessible public right-of-way (the “Access Easement”) and a utility easement ten (10) feet in width to the nearest suitable utility company-approved service connection points (the “Utility Easement”); the Access Easement and the Utility Easement are collectively referred to herein as the “Easements”; the lands underlying the Access Easement and the Utility Easement are collectively referred to herein as the “Easement Parcels,” which Easement Parcels are further described in Exhibits “A” & “B” attached hereto and incorporated herein). The Easements granted herein shall include, but not be limited to, a.The right to clear vegetation, cut timber, and move earthen materials upon the Easement Parcels, b.The right to improve an access road within the Access Easement Parcel, c.The right to place utility lines and related infrastructure within the Utility Easement Parcel, Version 06/10 Page 1 of 12 Site Name: Catawba Site Number: 764307 d.The right to enter and temporarily rest upon Landlord’s adjacent lands for the purposes of (i)Installing, repairing, replacing and removing the Improvements (as defined below) and any other personal property of Tenant from the Leasehold Parcel and (ii)Improving the Easement Parcels, including the right to bring in and use all necessary tools and machinery, and e.The right of pedestrian and vehicular ingress and egress to and from the Leasehold Parcel at any time over and upon the Access Easement Parcel. The Leasehold Parcel and the Easement Parcels are collectively referred to herein as the “Premises.” Landlord agrees to make such additional direct grants of easement as Tenant may request in order to further the purposes for which Tenant has been granted the easements set forth in this Section 2. 3.Use of the Premises. Tenant shall be entitled to use the Premises to construct, operate, modify as necessary, and maintain thereon a communications antenna tower (including aviation hazard lights when required), an access road, one or more equipment buildings, back-up power devices and a security fence, together with all necessary lines, anchors, connections, devices, legally required signage and equipment for the transmission, reception, encryption, and translation of voice and data signals by means of radio frequency energy and landline carriage (collectively, the “Improvements”); Tenant’s use described in this Section 3 is hereinafter referred to as the (“Permitted Use”). Tenant shall have unlimited access to the Premises 24 hours per day, 7 days a week. Tenant does hereby grant Landlord the right to attach to said communications antenna tower one (1) Decibel DB 222 antenna at the 150’ center of said tower and to attach one (1) line of 7/8” coax cable to the tower to service said antenna as specified in attached Exhibit B. In addition, Tenant does hereby grant to Landlord the right to place an equipment cabinet/shelter within said Leasehold Parcel as more particularly depicted and/or described on attached Exhibit C. No other modification, replacement, substitution or addition of antennas and/or equipment cabinet/shelter shall be allowed without Tenant’s written approval which shall not be unreasonably withheld. 4.Term of Lease. The initial Lease term will be five (5) years (the “Initial Term”), commencing upon the Commencement Date (as hereinafter defined) and terminating at th midnight on the day in which the fifth (5) anniversary of the Commencement Date falls. 5.Option to Renew. The Initial Term of this Lease shall automatically extend for up to five (5) additional terms of five (5) years each (each, a “Renewal Term”), upon a continuation of all the same provisions hereof, unless Tenant gives Landlord written notice of Tenant’s intention to terminate the Lease at least sixty (60) days before the expiration of the Initial Term or any Renewal Term. 6.Option to Terminate. Tenant shall have the unilateral right to terminate this Lease at any time by giving Landlord written notice of the date of such termination (“Termination Date”). The Indemnification obligations of each party contained in Section 12 and Tenant's requirement to remove improvements as provided in Section 20 shall survive termination of the Lease. Version 06/10 Page 2 of 12 Site Name: Catawba Site Number: 764307 7.Base Rent. Commencing on April 1, 2013, (the Anniversary Date”), Tenant shall pay Base Rent to Landlord in the amount of One Thousand and no/100 dollars ($1,000.00) per month, on an annual basis of Twelve Thousand and no/100 dollars ($ 12,000), the first annual payment of which shall be due within thirty (30) days of the Anniversary Date, and installments thereafter on the Anniversary Date of each year of the Lease term and Renewal term, if applicable. The Landlord shall submit to Tenant a complete and accurate IRS form W9 prior to Tenant’s first payment of Rent. 8.Adjusted Rent. At the beginning of each Renewal Term throughout the duration of the Lease as renewed and extended, the Rent shall be increased by ten (10%) percent over the previous term’s Rent. 9.Utilities. Tenant shall solely and independently be responsible for all costs of providing utilities to the Premises, including the separate metering, billing, and payment of utility services consumed by Tenant’s operations. 10.Repairs and Maintenance. Tenant shall be responsible for all repairs and maintenance of the Improvements, including, if applicable, snow removal if Tenant has exclusive control over its access road, and may at its own expense alter or modify the Improvements to suit its needs consistent with the intended use of the Premises. Landlord will maintain the areas surrounding Tenant’s Premises. Landlord’s maintenance shall include, but is not limited to, if applicable, to snow removal if all of part of Access Easement is shared between the parties. 11.Mutual Indemnification. a.To the extent permitted by law, Tenant agrees to defend, indemnify and save harmless Landlord from and against all claims, losses, costs, expenses, or damages from a third party, arising from (i)The negligence or willful misconduct of Tenant, or its agents, employees, or contractors; or (ii)Any material breach by Tenant of any provision of this Lease. This indemnity and hold harmless agreement will include indemnity against all reasonable costs, expenses, and liabilities incurred in or in connection with any such claim, and the defense thereof. Notwithstanding the foregoing, Tenant will have no liability to Landlord to the extent any claims, losses, costs, expenses, or damages arise out of or result from any act, omission, or negligence of Landlord, or of Landlord’s agents, employees or contractors. b.To the extent permitted by law, Landlord agrees to defend, indemnify and save harmless Tenant from and against all claims, losses, costs, expenses, or damages from a third party, arising from (i)The negligence or willful misconduct of Landlord or its agents, employees, or contractors; or (ii)Any material breach by Landlord of any provision of this Lease. This indemnity and hold harmless agreement will include indemnity against all reasonable costs, expenses, and liabilities incurred in or in connection with Version 06/10 Page 3 of 12 Site Name: Catawba Site Number: 764307 any such claim, and the defense thereof. Notwithstanding the foregoing, Landlord will have no liability to Tenant to the extent any claims, losses, costs, expenses, or damages arise out of or result from any act, omission, or negligence of Tenant, or of Tenant’s, agents, employees or contractors. 12.Insurance. a.Tenant shall maintain commercial general liability insurance insuring against liability for bodily injury, death or damage to personal property with combined single limits of One Million and No/100 Dollars ($1,000,000). In addition, Tenant shall maintain worker’s compensation in statutory amounts, employer’s liability insurance with combined single limits of One Million and No/100 Dollars ($1,000,000); automobile liability insurance insuring against claims for bodily injury or property damage with combined single limits of One Million and No/100 Dollars ($1,000,000); and all risk property insurance covering all personal property of Tenant for full replacement value. Tenant shall provide Landlord with evidence of such insurance in the form of a certificate of insurance prior to obtaining occupancy of the Premises and throughout the term of this Lease or any Renewal Term. b.Landlord shall maintain general liability insurance insuring against liability for bodily injury, death or damage to personal property with combined single limits of One Million and No/100 Dollars ($1,000,000). In addition, to the extent required by law, Landlord shall maintain worker’s compensation in statutory amounts and employer’s liability insurance with combined single limits of One Million and No/100 Dollars ($1,000,000). Landlord shall provide Tenant with evidence of such insurance in the form of a certificate of insurance prior to Tenant obtaining occupancy and throughout the term of this Lease or any Renewal Term. 13.Default. Tenant shall be in default of this Lease if Tenant fails to make a payment of rent when due and such failure continues for fifteen (15) days after Landlord notifies Tenant in writing of such failure. If Landlord or Tenant fails to comply with any non-monetary provision of this Lease, the other party shall serve written notice of such failure upon the defaulting party, whereupon a grace period of thirty (30) days shall commence to run during which the defaulting party shall undertake and diligently pursue a cure of such failure at its sole cost and expense. Such grace period shall automatically be extended for an additional thirty (30) days, provided the defaulting party makes a good faith showing that efforts toward a cure are continuing. 14.Compliance with Laws. Tenant shall, at Tenant’s cost and expense, comply with all federal, state, county or local laws, rules, regulations and ordinances now or hereafter enacted by any governmental authority or administrative agency having jurisdiction over the Premises and Tenant’s operations thereupon. 15.Assignment of Lease by Tenant. This Lease may be freely assignable by the Tenant to any other party with the consent of the Landlord, which shall not be unreasonably withheld. Tenant’s right to affect an outright transfer of the Lease, and the right of any collateral assignee to seize the Premises as defaulted security, is subject only to the limitation that the Premises shall be used for the purposes permitted herein. Tenant shall notify Landlord in Version 06/10 Page 4 of 12 Site Name: Catawba Site Number: 764307 writing of the name and address of any assignee or collateral assignee at least thirty (30) days in advance of the effective date of any such assignment. 16.Subleasing. Tenant shall have the unreserved and unqualified right to sublet or license all or any portion of the Premises to subtenants without the necessity of obtaining Landlord’s consent. Tenant shall pay to Landlord 25% of revenue derived from each subtenant or license, present at the time of the commencement of this Lease or as subsequently added to the Premises, as additional compensation. No subtenant or licensee shall be permitted to interfere with the operation of any equipment of the Landlord which may now, or in the future, be placed upon this tower. 17.Right of First Refusal. Tenant (or its successor in interest, assignee or designee) shall have a right of first refusal (“Right of First Refusal”) to purchase all or any part of Landlord’s interest in or rights under this Lease, including, without limitation, the right to collect rents, (“Landlord’s Interest”) in the event of a transaction an unrelated third party submits an offer to Landlord that would involve the transfer of all or any part of Landlord’s Interest to said third party, whether by assignment of the lease, or the granting of a perpetual easement over the land burdened that encompasses the Premises. Prior to any such transfer, easement, or other agreement, Landlord shall give Tenant written notice of its intention to transfer Landlord’s Interest, the price and the terms and conditions upon which Landlord proposes to transfer Landlord’s Interest as well as copies of any and all offer letters or other agreements received or entered into by Landlord with respect to such proposed transfer (collectively, the “Right of First Refusal Notice”). Tenant shall have sixty (60) days from the receipt of such notice to agree to purchase Landlord’s Interest for the price and upon the terms and conditions specified in the notice by giving written notice of such agreement to Landlord ("Tenant Approval Period"). Such price, terms and conditions stated in said Right of First Refusal Notice shall be the same as those agreed to by Landlord with the proposed unrelated third party transferee. If Tenant does not agree to purchase Landlord’s Interest according to the terms of the Right of First Refusal Notice during the Tenant Approval Period, then Landlord may proceed to transfer Landlord’s Interest upon the same terms and conditions set forth in the Right of First Refusal Notice; provided such transfer occurs within three (3) months following the end of the Tenant Approval Period and is made in accordance with all the other terms and conditions of this Lease. If Landlord has not transferred Landlord’s Interest within such three (3) month period, or in the event any terms or conditions of the proposed deal change from the terms and conditions provided in the initial Right of First Refusal Notice, then Landlord shall not thereafter transfer Landlord’s Interest to an unrelated third party without first renewing the Right of First Refusal Notice to Tenant in the manner provided above. Tenant’s failure to exercise its Right of First Refusal or its express waiver of its Right of First Refusal in any instance shall not be deemed a waiver of Tenant’s Right of First Refusal for subsequent instances when Landlord proposes to transfer Landlord’s Interest to an unrelated third party. Notwithstanding the following, the Landlord’s right to sell some or all of its land to a third party shall not be abridged, except to the limitation stated above. 18.Execution of Other Instruments. Landlord agrees to execute, acknowledge, and deliver to Tenant such other instruments respecting the Premises as Tenant or Tenant’s lender may reasonably request from time to time. Such instruments may include, but are not limited to, a memorandum of lease that may be recorded in the appropriate local land records. Version 06/10 Page 5 of 12 Site Name: Catawba Site Number: 764307 Landlord also agrees to cooperate with Tenant’s efforts to obtain all private and public consents related to Tenant’s use of the Premises. 19.Removal of Improvements. The Improvements are agreed to be Tenant’s personal property and shall never be considered fixtures to the Premises. Upon the expiration or earlier termination of this Lease, Tenant shall first notify the Landlord at least thirty (30) days in advance of its intentions to remove the above ground improvements from the Premises and shall negotiate in good faith with the Landlord the conditions for removal of such improvements.Upon approval by both parties, the improvements may be left in place, but in either case, Tenant shall be entitled to abandon, in place, all footings, foundations and other below ground improvements. 20.Quiet Enjoyment. Landlord covenants that Tenant shall have quiet and peaceable possession of the Premises throughout the Initial Lease Term and any Renewal Term, if any, as the case may be, and that Landlord will not intentionally disturb Tenant’s enjoyment thereof as long as Tenant is not in default under this Lease. 21.Subordination and Non-Disturbance. Tenant agrees to subordinate this Lease to any mortgage or trust deed which may hereafter be placed on the Premises, provided the mortgagee or trustee thereunder shall ensure to Tenant the right to possession of the Premises and other rights granted to Tenant herein so long as Tenant is not in default beyond any applicable grace or cure period, such assurance to be in writing and otherwise in form and substance reasonably satisfactory to Tenant. If requested by Tenant, Landlord agrees to use Landlord’s best efforts to assist Tenant in obtaining from any holder of a security interest in Landlord’s Parcel a non-disturbance agreement in form and substance reasonably satisfactory to Tenant. 22.Environmental Warranty. Landlord hereby represents and warrants to Tenant that Landlord has never generated, stored, handled, or disposed of any hazardous waste or hazardous substance upon the Premises, and that Landlord has no knowledge of such uses historically having been made of the Premises or such substances historically having been introduced thereon. Tenant hereby represents and warrants to Landlord that Tenant has never and, during the Initial term of this Lease, or any Renewal Term thereof, shall never generate, store, handle or dispose of any hazardous waste or hazardous substance upon the Premises. For purposes of this Lease, “hazardous substance(s)” shall have the meaning of “hazardous substance” set forth in 42 U.S.C. Section 9601(14), as amended. 23.Notices. Any notice, request or demand required or permitted to be given pursuant to this Lease shall be in writing and shall be deemed sufficiently given if delivered by messenger at the address of the intended recipient, sent prepaid by Federal Express (or a comparable guaranteed overnight deliver service), or deposited in the United States first class mail (registered or certified, postage prepaid, with return receipt requested), addressed to the intended recipient at the address set forth below or at such other address as the intended recipient may have specified by written notice to the sender in accordance with the requirements of this paragraph. Any such notice, request, or demand so given shall be deemed given on the day it is delivered by messenger at the specified address, on the day after deposit with Federal Express (or a comparable overnight delivery service), or on the day that is five (5) days after deposit in the United States mail, as the case may be. Version 06/10 Page 6 of 12 Site Name: Catawba Site Number: 764307 TENANT: USCOC of Virginia RSA #3, Inc. Attention: Real Estate Department 8410 West Bryn Mawr Avenue Chicago, Illinois 60631 Phone: 1-866-573-4544 LANDLORD: Roanoke County Attention: Director of General Services P.O. Box 29880 Roanoke, Virginia 24018 Phone: 540-387-6200 24.Contingencies. Tenant shall have the right to terminate this Lease upon written notice to Landlord, relieving both parties of all further obligations hereunder, if Tenant, acting reasonably and in good faith, shall be unable to obtain any or all licenses or permits required to construct its intended improvements upon the Premises or conduct Tenant’s business at the Premises at any time during the Term; if Tenant’s technical reports fails to establish to Tenant’s satisfaction that the Premises are capable of being suitably engineered to accomplish Tenant’s intended use of the Premises; if the Premises are taken by eminent domain by a governmental entity or a title commitment or report obtained by Tenant with respect to the Premises shows as exceptions any encumbrances or restrictions which would, in Tenant’s opinion, interfere with Tenant’s intended use of the Premises. 25.Attorneys’ Fees. In any action on this Lease at law or in equity, the prevailing party shall be entitled to recover from the other party the reasonable costs incurred by such party in such action, including reasonable attorneys’ fees and costs of appeal. 26.Governing Law. This Lease will be governed by and construed in accordance with the laws of the Commonwealth of Virginia. 27.Binding Effect. All of the covenants, conditions, and provisions of this Lease shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Also, that Landlord is duly authorized and empowered to enter into this Lease; and that the person executing this Lease on behalf of the Landlord warrants himself to be duly authorized to bind the Landlord hereto. 28.Entire Agreement; Waiver. This Lease constitutes the entire agreement of the parties, and may not be modified except in writing signed by the party against whom such modification is sought to be enforced. No waiver at any time of any of the provisions of the Lease will be effective unless in writing. A waiver on one occasion will not be deemed to be a waiver at any subsequent time. 29.Modifications. This Lease may not be modified, except in writing signed by both parties. Version 06/10 Page 7 of 12 Site Name: Catawba Site Number: 764307 30.Recording. Each party, on request of the other, agrees to execute a short form lease in recordable form and complying with applicable laws and reasonably satisfactory to both parties, which will be recorded in the appropriate public records. 31.Headings. The section headings throughout this instrument are for convenience and reference only, and are not to be used to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Lease. 32.Invalidity of Particular Provision. If any term or provision of this Lease, or the application of such term or provision to any person or circumstance, to any extent, is invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, will not be affected and each term and provision of this Lease will be valid and be enforced to the fullest extent permitted by law. 33.Remedies. The parties shall be entitled to the application of all appropriate remedies available to them under state and federal law in the enforcement of this Lease. 34.Errors and Omissions. Landlord and Tenant agree as part of the basis of their bargain for this Ground Lease to cooperate fully in executing any and all documents (including amendments to this Ground Lease) necessary to correct any factual or legal errors, omissions, or mistakes, and to take any and all additional action, that may be necessary or appropriate to give full force and effect to the terms and intent of this Ground Lease. 35.Non-Binding Until Full Execution. Both parties agree that this Lease is not binding on both parties until both parties execute the Lease. 36.Electronic Reproductions. The Parties agree that a scanned or electronically reproduced copy of image of this Lease, as executed, shall be deemed an original and may be introduced or submitted in any action or proceeding as competent evidence of such agreement, notwithstanding the failure or inability of either party to produce or tender an original executed counterpart. [END OF LEASE - SIGNATURE PAGE FOLLOWS] Version 06/10 Page 8 of 12 Site Name: Catawba Site Number: 764307 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto bind themselves to this Ground Lease as of the date of full execution of this Ground Lease. LANDLORD: Roanoke County, Virginia TENANT: USCOC of Virginia RSA #3, Inc. By: By: Printed: Printed: Title: County Administrator Title: Vice President Date:Date: Version 06/10 Page 9 of 12 Site Name: Catawba Site Number: 764307 COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE I, the undersigned, a notary public in and for the State and County aforesaid, do hereby certify that (and) , known to me to be the same person(s) whose name(s) (is) (are) subscribed to the foregoing Ground Lease, appeared before me this day in person and (severally)acknowledged that (he) (she) (they) signed the said Lease as (his) (her) (their) free and voluntary act for the uses and purposes therein stated. Given under my hand and seal this ____ day of ___________________, 20__. Notary Public My commission expires STATE OF ILLINOIS ) ) COUNTY OF COOK ) I, the undersigned, a notary public in and for the State and County aforesaid, do hereby certify that ____________________________, Vice President, for USCOC OF Virginia RSA #3, Inc., known to me to be the same person whose name is subscribed to the foregoing Ground Lease, appeared before me this day in person and acknowledged that, pursuant to his authority, he signed the said Lease as his free and voluntary act on behalf of the named Tenant, for the uses and purposes therein stated. Given under my hand and seal this ____ day of ___________________, 20__. Notary Public My commission expires Version 06/10 Page 10 of 12 Site Name: Catawba Site Number: 764307 Exhibit A Legal Descriptions Version 06/10 Page 11 of 12 Site Name: Catawba Site Number: 764307 Exhibit B Site Plan Version 06/10 Page 12 of 12 Exhibit A Legal Descriptions Tenants Leasehold Parcel Description: Tenants Access & Utility Easement Description: Exhibit B Site Plan AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE WITH USCOC OF VIRGINIA (US CELLULAR) FOR A COMMUNICATIONS ANTENNA TOWER AT CATAWBA FIRE STATION WHEREAS, Ordinance 102897-6 approved and authorized the execution of a lease with Ohio State Cellular Phone Company, Inc. for a communications antenna tower at Catawba Fire Station, Catawba Magisterial District; and WHEREAS, this lease is due to expire on March 31, 2013, and the company now known as USCOC of Virginia has requested a new lease for this site; and WHEREAS, counsel and staff for the parties have negotiated a new lease which addresses mutual concerns of the parties; and WHEREAS, the first reading of this ordinance was held on October 23, 2012; and the second reading and public hearing was held on November 13, 2012. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That it is the County’s best interest to lease a portion of this property to USCOC of Virginia in order to provide a site for the location of a communications tower. 2. That the area to be leased by the County to USCOC of Virginia is described as a parcel containing ten thousand square feet (10,000 sq. ft.) together with an easement for access and utilities and is situated at the Catawba Fire Station in the Catawba Magisterial District of Roanoke County, being a portion of Tax Map #7.00-1- 29. Page 1 of 2 3. That the term of this lease shall be for five (5) years, with automatic renewals of up to five (5) additional terms of five (5) years each, unless the Tenant terminates. The rent will be $1,000 per month or $12,000 annually beginning on April 1, 2013. The rent increases by ten percent (10%) each renewal term. The Tenant has the right to sublease, but must pay the County twenty-five percent (25%) of the revenue derived from the subtenant, current or future. 4. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. Page 2 of 2 ACTION NO. _______________ ITEM NO. _______ H.1_________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2012 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (appointed by District) The following one-year term expired on August 31, 2011: a) James M. Chewning representing the Vinton Magisterial District The following one-year term expired on August 31, 2012: a) Becky Walter, representing the Hollins Magisterial District; Ms. Walter has served three consecutive terms and therefore cannot be reappointed. 2. Parks, Recreation and Tourism Advisory Commission (appointed by District) The three-year term of Roger L. Falls who represents the Vinton District expired on June 30, 2012. 3. Social Services Advisory Board (appointed by District) The four-year term of Janet Green, Windsor Hills Magisterial District, expired July 31, 2012. Ms. Green is not eligible for reappointment as she has served two consecutive terms. Page 1 of 2 The four-year term of Charles Wertalik, Vinton Magisterial District, expired July 31, 2012. Mr. Wertalik has moved from the Vinton Magisterial District and therefore cannot be reappointed. Page 2 of 2 I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 RESOLUTION 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: That the certain section of the agenda of the Board of Supervisors for November 13, 2012, 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 7 inclusive, as follows: 1. Approval of minutes – October 9, 2012; October 23, 2012 2. Request from the Roanoke County Sheriff’s Office to accept and appropriate funds in the amount of $7,528 for a grant administered by the U. S. Department of Justice’s Bulletproof Vest Partnership 3. Request to accept and appropriate $50,000 to the Roanoke County Schools from Pepsico Foodservice Company 4. Confirmation of appointment to the South Peak Community Development Authority 5. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Vicki L. James, Benefit Program Supervisor, upon her retirement after more than nine (9) years of service 6. Request to approve a Motor Vehicle Driving Record Policy for the County of Roanoke 7. Resolutions requesting acceptance of portions of Sierra Drive and Santa Anita Terrace into the Virginia Department of Transportation (VDOT) Secondary System Page 1 of 1 ACTION NO. _______________ ITEM NO. ______I-2__________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2012 AGENDA ITEM: Request from the Roanoke County Sheriff’s Office to accept and appropriate funds in the amount of $7,528 for a grant administered by the U. S. Department of Justice’s Bulletproof Vest Partnership SUBMITTED BY: Michael G. Winston Sheriff APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Bulletproof Vest Partnership (BVP) has awarded the Roanoke County Sheriff’s Office a fifty percent (50%) matching grant to assist in the purchase of protective vests. The U.S. Department of Justice will fund fifty percent (50%) of the cost of each vest up to a total of $3,764 of federal funds. The period for this grant funding is April 1, 2012 thru March 31, 2014. FISCAL IMPACT: This grant requires a fifty percent (50%) match. The funds, in the amount of $3,764 will come from the Sheriff’s Office fiscal year 2012-2013 budget. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the BVP grant in the amount of $7,528 Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO VICKI L. JAMES, BENEFIT PROGRAM SUPERVISOR, UPON HER RETIREMENT AFTER MORE THAN NINE (9) YEARS OF SERVICE WHEREAS, Vicki L. James was hired on August 18, 2003, and has worked as a Benefit Programs Specialist and a Benefit Programs Supervisor during her tenure with Roanoke County; and WHEREAS, Ms. James retired on November 1, 2012, after nine (9) years and three (3) months of devoted, faithful and expert service with the County; and WHEREAS, during her time serving Roanoke County, Ms. James worked eight (8) of her nine (9) years as a Benefit Programs Supervisor. Vicki worked hard to promote both compassion and empathy in the delivery of benefits to the citizens of Roanoke County. She continually worked to improve the efficiency of the staff most specifically in the areas of timeliness and accuracy. Vicki was an active member of the Virginia Benefit Programs Organization serving as both President and Vice-President of our local chapter for several years. Vicki contributed much during her tenure and we appreciate her service to Roanoke County Department of Social Services. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to VICKI L. JAMES, for nine (9) years and three (3) months of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 1 of 1 DEPARTMENT OF FINANCE RISK MANANGEMENT DIVISION MOTOR VEHICLE DRIVING RECORD REVIEW POLICY AND PROCEDURES Purpose Ì¸·°±´·½§·¬±°®±³±¬»»³°´±§»»¿²¼°«¾´·½¿º»¬§·²½±²¶«²½¬·±²©·¬¸ reducing the County’s exposure to financial loss by establishing a mandatory review of driving records of job applicants and of current employees or volunteers who drive County vehicles or personal vehicles to fulfill their job responsibilities. The purpose of such review is to ensure that employees are eligible to drive under the guidelines contained herein. Scope This policy applies to the County of Roanoke, Virginia employees (full time, temporary and seasonal) and volunteers, whose jobs necessitate the operation of a vehicle owned, rented or leased by the County, including “pool” vehicles. The policy also applies to individuals who operate personal vehicles while conducting County business. Employees subject to this Policy shall have a valid driver’s license for their state of residence appropriate for the class of vehicle operated by the employee. The privilege of being assigned a vehicle, driving a County vehicle, or operating a vehicle in a position requiring a driver’s license shall be denied in the case of applicants, employees or volunteers (1) have a suspended or terminated licenses, (2 ) have a current DMV Record reflecting accumulation of DMV demerit points in excess of six, (3) have a DUI conviction within one year or (4) whose pattern of driving or convictions or physical condition is found by the department director to jeopardize the safe performance of County operations. Ü»º·²·¬·±²æ ßòÜ®·ª·²¹Ð±·¬·±²æ ïòÛ³°´±§»»æÉ¸»²«»¼·²¬¸·°®±½»¼«®»·²½´«¼»º«´´¬·³»ô°¿®¬¬·³»ô¬»³°±®¿®§ô »¿±²¿´»³°´±§»»¿²¼ª±´«²¬»»®÷ îòÎ»¯«·®»¼Ü®·ª»®æÛ³°´±§»»³«¬¼®·ª»¿Ý±«²¬§ª»¸·½´»¿¿°®·³¿®§º«²½¬·±²±º ¬¸»·®¶±¾®»°±²·¾·´·¬·»òÉ·´´¾»«¾¶»½¬¬±°»®·±¼·½¼®·ª·²¹®»½±®¼½¸»½µò íòÎ»¹«´¿®Ü®·ª»®æÉ·´´¾»®»¯«·®»¼¬±®»¹«´¿®´§¼®·ª»¿Ý±«²¬§±®°»®±²¿´ª»¸·½´»±² Ý±«²¬§¾«·²»òÉ·´´¾»«¾¶»½¬¬±°»®·±¼·½¼®·ª·²¹®»½±®¼½¸»½µò Page 1 of 6 ìòÑ½½¿·±²¿´Ü®·ª»®æÓ¿§¼®·ª»¿½±«²¬§ª»¸·½´»±²¿²±½½¿·±²¿´¿²¼°±®¿¼·½¾¿· ¼»º·²»¼¿ô¹»²»®¿´´§´»¬¸¿²¬©·½»°»®³±²¬¸±®´»¬¸¿²¿°°®±¨·³¿¬»´§îëð ³·´»°»®§»¿®ò ÞòÐ±·²¬æÌ¸»ÜÓÊ°±·²¬¬±¬¿´½±²·¼»®»¼«²¼»®¬¸·°±´·½§·²±¬®»¼«½»¼¾§°±·¬·ª» °±·²¬«½¸¿¬¸±»¹®¿²¬»¼º±®½±³°´»¬·²¹¿¼»º»²·ª»¼®·ª·²¹±®¼®·ª»®·³°®±ª»³»²¬ ½±«®»ò ÝòÊ»¸·½´»æßª»¸·½´»´·½»²»¼¬±¾»«»¼±²°«¾´·½¬®»»¬òÌ¸··²½´«¼»°®·ª¿¬»´§±©²»¼ ª»¸·½´»ô½±«²¬§±©²»¼ô´»¿»¼±®®»²¬»¼ª»¸·½´»ò ÜÓÊÎ»½±®¼Ý¸»½µ ïò×º¿²»³°´±§»»¿½½®«»ê°±·²¬·²ïî³±²¬¸±®ç°±·²¬·²ïè³±²¬¸±²¬¸»·® Ü»°¿®¬³»²¬±ºÓ±¬±®Ê»¸·½´»¼®·ª·²¹®»½±®¼¬¸»§©·´´¾»®»¯«·®»¼¬±½±³°´»¬»¿ Ü»°¿®¬³»²¬±ºÎ·µÓ¿²¿¹»³»²¬¿°°®±ª»¼Ü»º»²·ª»Ü®·ª·²¹Ý±«®»ò îòßÝ±«²¬§«±£YÅ°®·ª·´»¹»¬±±°»®¿¬»¿Ý±«²¬§±©²»¼ª»¸·½´»±®«»¿ °®·ª¿¬»´§±©²»¼ª»¸·½´»¬±½±²¼«½¬±ºº·½·¿´Ý±«²¬§¾«·²»¸¿´´¾»«°»²¼»¼ º±®·¨³±²¬¸©¸»²¬¸»»³°´±§»»¿½½®«»²·²»¼®·ª·²¹°»²¿´¬§°±·²¬©·¬¸·²¿ ¬©»´ª»³±²¬¸°»®·±¼òÛ³°´±§»»½±²ª·½¬»¼±º¼®·ª·²¹«²¼»®¬¸»·²º´«»²½»±® ©¸±®»º«»¬±¬¿µ»¿ÞßÝ¬»¬¸¿´´¸¿ª»¬¸»·®Ý±«²¬§±°»®¿¬·²¹°®·ª·´»¹» «°»²¼»¼º±®¿³·²·³«³±º±²»§»¿®»ª»²·º¬¸»Ü»°¿®¬³»²¬±ºÓ±¬±®Ê»¸·½´» ¹®¿²¬¿®»¬®·½¬»¼´·½»²»¼«®·²¹¬¸»«°»²·±²°»®·±¼ò ÐÑ×ÒÌßÝÝËÓËÔßÌÛÜßÝÝËÓËÔßÌ×ÑÒÌ×ÓÛÎ»½±³³»²¼»¼Ü·½·°´·²» ÐÛÎ×ÑÜ êïîÓ±²¬¸Ü»º»²·ª»Ü®·ª·²¹Ý´¿ çïîÓ±²¬¸êÓ±²¬¸Ü®·ª·²¹Í«°»²·±² çïèÓ±²¬¸Ü»º»²·ª»Ü®·ª·²¹Ý´¿ ïîïîÓ±²¬¸Ü®·ª·²¹Ð®·ª·´»¹»Î»ª±µ»¼ ïèîìÓ±²¬¸Ü®·ª·²¹Ð®·ª·´»¹»Î»ª±µ»¼ íòßÝ±«²¬§«±£YÅ°®·ª·´»¹»¬±±°»®¿¬»¿Ý±«²¬§±©²»¼ª»¸·½´»±®«»¿ °®·ª¿¬»´§±©²»¼ª»¸·½´»º±®±ºº·½·¿´Ý±«²¬§¾«·²»¸¿´´¾»®»ª±µ»¼·º¬¸» »³°´±§»»¿½½®«»¬©»´ª»¼®·ª·²¹°»²¿´¬§°±·²¬©·¬¸·²¿¬©»´ª»³±²¬¸°»®·±¼ò ìò Ì¸·ß¼³·²·¬®¿¬·ª»°±´·½§¼±»²±¬«°»®»¼»¿²§¼»°¿®¬³»²¬¿´°±´·½·»¬¸¿¬ ³¿²¼¿¬»³±®»»ª»®»°«²·¸³»²¬±®¼®·ª·²¹®»¬®·½¬·±²ò Page 2 of 6 Î»°±²·¾·´·¬§¿²¼ß«¬¸±®·¬§ The Risk Management Division of Finance has the oversight responsibility for monitoring departmental compliance concerning the Driving Record Transcripts Review Policy. It shall be the responsibility of all department directors and management to ensure compliance with the policy and process. The department director has the responsibility and authority to determine appropriate action against employees with suspended or revoked licenses. Employees or volunteers with six (6) or more demerit points shall receive, from the department director, the advisory memorandum (Exhibit I). Department directors are also responsible for ensuring that completed employee authorization forms (Exhibit II) are transmitted to the Risk Management Division of Finance if not on file in the Department of Human Resources. It is the responsibility of every County employee or volunteer who operates a County vehicle to ensure that he or she does not operate a vehicle if his or her driver’s license is suspended or revoked, and to immediately inform the department director upon the suspension or revocation of his or her driver’s license, and of any moving violation citation within twenty-four hours or the next business day. The Risk Management Division shall obtain and review DMV transcripts for which employee and volunteer authorization has been received from departments and to provide appropriate recommendations to the department director regarding employee eligibility to operate a County vehicle. Record Review A.Prospective Employees Candidates selected for interviews for positions to which a vehicle is assigned or which require driving or the possession of a valid driver's license shall give authorization for access to their driving records from the Division of Motor Vehicles (“DMV Record”). Those prospective employees must meet the criteria set out below as reflected by the DMV Record. B. Current Employees Current employees and volunteers to whom a vehicle is assigned, whose job descriptions require driving or possession of a valid driver’s license, or who drive a County vehicle, must meet the criteria set out below, as reflected in the DMV Page 3 of 6 Record. Failure to maintain eligibility requirements for positions that require driving can result in discipline up to and including possible termination. C. Criteria for Eligibility Prospective and current employees and volunteers subject to this Policy shall be required to meet the criteria set out in this Section. If the criteria eligibility is not met, then the employee shall be disqualified from County vehicle driving privileges. 1. Receipt of a D.U.I. conviction, suspension or exceeding DMV demerit points as shown in this policy will be cause for suspension of County vehicle driving privileges consistent with self-insurance requirements. 2. Drivers of vehicles requiring CDL should be at least 18 years of age and have one year of experience operating the type vehicle used by the county unless a formal driver training program is in place. Employees holding a C.D.L. will be subject to drug & alcohol testing as required under the Federal Omnibus Transportation Employee Testing Act of 1991. The complete Drug and Alcohol Testing Policy for Commercial Drivers is contained on the Risk Management Intranet site. 3. The department director or risk manager, with the County Administrators approval may suspend or terminate driving privileges of any employee charged with an offense involving operation of a motor vehicle, if the County Staff determines after suitable investigation that continued driving would jeopardize the safe conduct of County operations. DMV Record Reviews A. The Finance Department / Risk Management Division shall obtain and review the record of all employees and volunteers subject to this Policy at a minimum of once every three years. The employee or volunteer and the department director shall be notified of either continued eligibility or failure to meet the applicable criteria, and shall be provided with a copy of the DMV Record upon request. Departments may be exempt from this policy if they have their own driving record review process that is approved by the County Administrator. B. The risk manager shall also obtain and review the DMV record of any employee subject to this Policy who is involved in an accident while driving an assigned or other County vehicle, and when an employee subject to this policy is involved in an accident in the course of conducting County business. Page 4 of 6 C. At the time of hire, new employees or volunteers subject to this Policy shall provide authorization for access to DMV records. Current employees and volunteers shall also provide authorization. Employees’ authorization forms shall be maintained in the personnel files or in Risk Management files. D. All records obtained pursuant to this Policy shall be confidential personnel records. Guidelines for Maintaining Eligibility A. Driver Training Requirements - All County employees and volunteers to whom a vehicle is assigned, or whose job descriptions require driving or a valid driver’s license shall complete a driver training course approved by the risk manager within one year of initial employment, and afterwards a minimum of once every 5 years, to maintain eligibility to drive. This program will be offered by the county at no expense to the employee. Employees shall also complete any additional training required for operation of specific types of vehicles or other special purposes or as prescribed for remedial measure. The employee may be required to pay for training prescribed as a remedial measure. B. Suspension/Revocation/Ineligibility - Upon the suspension or revocation of an employee's or volunteer’s license by any court or by the Division of Motor Vehicles, the privilege of the employee or volunteer subject to this Policy to operate a county vehicle or to drive in the course of carrying out job duties shall be immediately suspended. Such suspension shall last for the duration of suspension or revocation of the employee's license. C. Accommodation - The department head, in consultation with the County Administrator, may elect to alter an employee's responsibilities or otherwise accommodate the employee during the period of a suspension or other ineligibility, for failure to meet the criteria established by this Policy. Prior to the end of any suspension or period of ineligibility, the employee must complete any training required by the County, at his/her own expense.The employee must provide proof of successful completion to the department director. D. Further Action - If the employee's or volunteer’s eligibility to operate a motor vehicle is suspended or revoked or if he/she becomes ineligible to drive pursuant to this Policy and the employee's or volunteer’s restrictions cannot be accommodated within his/her responsibilities, the department head, after consultation and approval with the County Administrator, will determine whether further disciplinary action up to and including termination is required. Page 5 of 6 Responsibility for Compliance and Reporting Requirements All employees subject to this Policy shall be responsible for conducting themselves in t to the Policy. accordance with the Policy and any Regulations adopted pursuan All employees subject to this Policy shall immediately report all accidents involving a County vehicle or occurring during the course of County business, to the supervisor, and shall adhere to the Accident Reporting Policy prescribed by the Risk Manager Division. All employees and volunteers subject to this Policy shall also immediately report the following to the supervisor, who shall consult with the department head as to appropriate action: all license suspensions and revocations; All traffic and motor vehicle related offenses and convictions. Accident Investigation Reference Risk Management Policy, Fleet Policy, GS003, Accidents. This policy is available on the County Intranet, Risk Management Page. Regulations In order to promote the purposes of this Policy, the County Administrator shall have the authority to promulgate and enforce Regulations consistent with this Policy, governing implementation of this Policy and prescribing additional requirements and procedures for the assignment, use and operation of vehicles in the course of the conduct of County business, for the investigation of accidents occurring during the course of the conduct of County business, and for the purpose of promoting vehicle safety. This Motor Vehicle Safety Policy shall not be construed to supersede or limit the Regulations governing personnel management, nor the authority of the County administration to take all actions necessary, including termination of employees, to promote the safe conduct of County business. Other Regulatory Requirements County operations shall be conducted in accordance with all Federal, State of Virginia and local laws and regulations pertaining to motor vehicles, including those applicable to employees possessing commercial driver’s licenses. Page 6 of 6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 RESOLUTION REQUESTING CHANGES IN THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) SECONDARY SYSTEM OF STATE HIGHWAYS, ROUTE 1876, SIERRA DRIVE, UPC 54216-VDOT PROJECT # 1876-080-500, HOLLINS MAGISTERIAL DISTRICT WHEREAS, the street(s) described on the attached VDOT Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County depicting additions in the secondary system of state highways as a result of Project# 1876-080-500, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation add to the secondary system of state highways the facilities described on the attached Form AM-4.3, pursuant to §33.1-229, Code of Virginia, and BE IT FURTHER RESOLVED, the Roanoke County Board of Supervisors guarantees a clear and unrestricted right-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 Residency Administrator for the Virginia Department of Transportation. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 RESOLUTION REQUESTING CHANGES IN THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) SECONDARY SYSTEM OF STATE HIGHWAYS, ROUTE 1849, SANTA ANITA TERRACE, UPC 54201-VDOT PROJECT # 1849-080-500, HOLLINS MAGISTERIAL DISTRICT WHEREAS, the street(s) described on the attached VDOT Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County depicting additions in the secondary system of state highways as a result of Project# 1849-080-500; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation add to the secondary system of state highways the facilities described on the attached Form AM-4.3, pursuant to §33.1-229, Code of Virginia; and BE IT FURTHER RESOLVED, the Roanoke County Board of Supervisors guarantees a clear and unrestricted right-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 Residency Administrator for the Virginia Department of Transportation. Page 1 of 1 P AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member’s knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. Page 1 of 1 éèûööê÷ìíêè ì×ÈÓÈÓÍÎ×Ê ò×ÉÇÉÈÔ×ê×Ø××Ï×ÊùÔÇÊÙÔ ê×ËÇ×ÉÈéÌ×ÙÓÛÐçÉ×ì×ÊÏÓÈÈÍÍÌ×ÊÛÈ×Ûê×ÐÓÕÓÍÇÉûÉÉ×ÏÚÐÃÇÉ×ÍÎÛÛÙÊ×ÌÍÊÈÓÍÎÍÖ ÌÊÍÌ×ÊÈÃ ðÍÙÛÈÓÍÎî×ÛÊÈÔ× ÚÐÍÙÑÍÖåÍÍØôÛÆ×ÎêÍÛØ ïÛÕÓÉÈ×ÊÓÛÐøÓÉÈÊÓÙÈùÛÈÛÅÚÛ ìÊÍÖÖ×Ê×Ø éÇÕÕ×ÉÈ×ØèÔ×ÌÊÍÌ×ÊÈÓ×ÉÉÔÛÐÐÚ×Ø×Æ×ÐÍÌ×ØÓÎÉÇÚÉÈÛÎÈÓÛÐÙÍÎÖÍÊÏÓÈÃÅÓÈÔÈÔ× ùÍÎØÓÈÓÍÎÉÙÍÎÙ×ÌÈÌÐÛÎØÛÈ×Ø ÈÓÈÐ×Ø©ìÊ×ÐÓÏÓÎÛÊÃéÓÈ×ìÐÛÎÖÍÊò×ÉÇÉÈÔ× ê×Ø××Ï×ÊùÔÇÊÙÔêÍÛÎÍÑ×ùÍÇÎÈÃæÓÊÕÓÎÓÛ¨ÌÊ×ÌÛÊ×ØÚÃìÓ×ÊÉÍÎ ÷ÎÕÓÎ××ÊÓÎÕéÇÊÆ×ÃÓÎÕÉÇÚÒ×ÙÈÈÍÈÔÍÉ×ÙÔÛÎÕ×ÉÅÔÓÙÔÏÛÃÚ×Ê×ËÇÓÊ×Ø ÚÃêÍÛÎÍÑ×ùÍÇÎÈÃØÇÊÓÎÕÙÍÏÌÊ×Ô×ÎÉÓÆ×ÉÓÈ×ÌÐÛÎÊ×ÆÓ×Å ûÐÐÌÛÊÑÓÎÕÐÍÈÐÓÕÔÈÓÎÕÉÔÛÐÐÚ×ÉÔÓ×ÐØ×Ø©ÙÇÈÍÖÖ¨ÈÃÌ×ÉÎÍÏÍÊ×ÈÔÛÎ ×ÓÕÔÈ××ÎÖ××ÈÔÓÕÔÛÎØÛÊÊÛÎÕ×ØÉÍÕÐÛÊ×ÓÉÎÍÈÙÛÉÈÍÎÈÍÛØÒÍÓÎÓÎÕ ÌÊÍÌ×ÊÈÓ×É èÔ×ÖÊ××ÉÈÛÎØÓÎÕÉÓÕÎÛÕ×ÉÔÛÐÐÚ×ÏÍÎÇÏ×ÎÈÉÈÃÐ×ÅÓÈÔÛÏÛÄÓÏÇÏÔ×ÓÕÔÈ ÍÖÖ××ÈÛÎØÛÏÛÄÓÏÇÏÅÓØÈÔÍÖ Ö××È ÷ä÷ùçèóæ÷éçïïûêã Jesus the Redeemer Church is seeking a special use permit to construct and operate a religious assembly facility on a 5.671 acre portion of the largest of the three properties owned by Cornerstone Church located at 6930 Wood HavenRoad. This site is designatedNeighborhood Conservation on the future land use mapof the Roanoke County Comprehensive Plan. This land use type consists of attached and detached housing at a reasonable density that is not significantly higher than the existing neighborhood. Development in this land use area should be designed to be sensitive to the surrounding neighborhood but can be reasonably higher density. These uses are low impact services that serve the neighborhood residents including parks, schools, religious assembly facilities, recreational and park facilities, community meeting areas and clubs. ûììðóùûúð÷ê÷õçðûèóíîé The Religious Assemblyuseis allowed by Special Use Permit in the R-1, Low Density Residential zoning district and per Section 30-83-9 in the Roanoke County Zoning Ordinance, there are several applicable use and design standards for this use.See attached documents. Site plan review is required for the construction of the church (Phases One and Two). ûîûðãéóéíö÷äóéèóîõùíîøóèóíîé Background–Jesus the Redeemer Church was originally a part of the Cornerstone Church and branched off as a Filipino/American Bible study group in 1991. After 7 years, the Bible study group became a church and soon expanded to an area in a nearby high schoolfor one year. Since that time to thepresent,they meet for services in a space on Hollins Road (1501). If the Special Use Permit is approved, the church plans to subdivide the 5.671 parcel from the existing 10+acre parcel and build the 200 seat sanctuary (Phase I) within two years and the Multipurpose Building (Phase II) within ten years. The playground is 1 proposed to be installed during the Phase I development. See the attached site plan. It should be noted that Cornerstone church which owns the parcel was built in 1976. At that time, this property was in the Residential Estates zoning district and a religious assembly was permitted by right in that district. Topography/Vegetation–The area of the existing parcel which is proposed to be rezoned(5.671 acres) is generally heavily wooded and slopes from the north to east approximately 20 feet and from the northto the south approximately 30-35feet.There is a moderate berm area located betweenthe adjoining Linnmead subdivision housesand the proposed Jesus the Redeemer Church parcel. Surrounding Neighborhood–There is a wideagerange of housing stock in the vicinity of the proposed development. There is asingle family residencebuilt in 1919 adjacent tothe northsideof the parceland single family residencesbuilt in the late 1970’s/early 1980’sin The Woodlands subdivision.There are two family residences (duplexes) built in the early 1980’s adjacent to the northeast side of the parcel.The Linnmead subdivision located adjacent tothe east/southeast of the parcelwasbuilt in the mid 2000’s. There areseveral parcels located on the north/northwest side of the parcelwhichare zoned I-1, Low Density Industrial and are either vacant or have single family houses built in the mid 1950’s range. Community Meeting –The community meeting was held at the Cornerstone Church on site October 22, 2012 at 6:30p.m. Approximately 30citizens and staff attended the meeting. The main citizen concerns were increased traffic impacts on Wood Haven Road,building type and height, proposed outdoor lighting, maintaining buffer and screening from the adjoining neighbors, possible permitted uses on the site and the drainage impacts to surrounding properties from the development. ûîûðãéóéíöìêíìíé÷øø÷æ÷ðíìï÷îè Site Layout/Architecture – The area of the parcel that the proposed special use permit is to be located is currently vacant. A steel building is proposed for both building phases with a brick/stonefaçade entrance feature to be added after construction. A new brick/stone monument sign is proposed adjacent to the entrance driveway. Improvements to the property other than the new religious facility structures include the removal of abandoned water tanks, an above ground septic tank and fencing that currently surrounds a pool that has been filled with top soil. Access/Traffic Circulation–The church plans to construct an entrance approximately sixty feet wide, 500 feet south of the existing church entrance and approximately 20 feet north of the existing residential driveway. A driveway and a parking lot with 47 parking spaces including 2 handicapped spaces are proposed in the new parking lot. The Virginia Department of Transportation stated that the proposed special use permit would result in an increase in the potential traffic generated from the site. It was noted that the intersection sight distance appears to be acceptable in both directions and must be field verified and noted on the development plan for review. The VDOT Road Design Manual Appendix F: Access Management Design Standards for Entrances and Intersectionsmust be adhered to where applicable for commercial entrances and the required spacing standards will apply. The owner/developer must attempt to share the existing entrance with the Cornerstone Church prior to any exceptions being granted for spacing – if they are required. VDOT review noted that a traffic impact analysis will be required to determine left and right turn lane warrants during the plan development process. 2 A Land Use Permit will be required for any proposed construction within the VDOT right-of-way as well as submission of information regarding any changes to the existing drainage system for review. Agency Comments The Fire Marshal’s Office performed a review of this concept project and offered commentsregarding fire hydrant locations, water flow requirements, adequate fire department apparatus site access, Fire Department Connection (FDC) locations, and Knox Box system lock box and key access. General Servicesstated that the church is eligible for one free trashcan container and it would need to be placed at Wood Haven Road for collection. It was also stated that if the volume of trash exceeds three (3) automated containers, a dumpster would need to be procured. The County does not provide bulk and brush collection for businesses/churches. The County Floodplain Manager had no comments. The Department of Economic Developmentoffered no objections to this land use application. The Western Virginia Water Authoritystated there is an existing recorded sewer easement, the 8” sewer is only 75 feet out from the manholeand it will be responsibility of the developer to design and build the remaining main. It was also noted that the created property line does not reach the recorded sanitary sewer easement. The City of Roanoke had no comments. ùíîöíêïûîù÷åóèôêíûîíñ÷ùíçîèãùíïïçîóèãìðûî This site is designatedNeighborhood Conservation on the future land use map of the Roanoke County Comprehensive Plan. The surrounding properties consist of attached and detached housing at a reasonable density inthe existing neighborhood. The development of this church in this land use area willbe designed to be sensitive to the surrounding neighborhood. The Religious Assembly use is a generallylow impact service that is planned to serve the neighborhood residents along with other such uses asparks, schools, recreational and park facilities, community meeting areas and clubs. éèûööùíîùðçéóíîé Jesus the Redeemer Church is seeking a special use permit to operate a religious facility on a 5.671 acre portion of the largest ofthe three properties owned by Cornerstone Church located at 6930 Wood Haven Road.The site is currently zoned R-1, Low Density Residential zoning district and designated as Neighborhood Conservation on the Roanoke County Future Land Use Map. The proposed application generally conforms to the Zoning Ordinanceand the Religious Assembly use is in conformance with this future land use areadesignation. ùûé÷îçïú÷ê ìê÷ìûê÷øúãïÉèÛÏÏÓðåÍÍØ 3 ô÷ûêóîõøûè÷éìù úíé Application ûèèûùôï÷îèé Aerial Map Land Use Zoning Map Cornerstone Sign Dimensions R-1, Low Density ResidentialDistrict Standards Religious Assembly,Use & Design Standards 4 Í·¬» q ß°°´·½¿²¬ Ò¿³»æ Ö»« ¬¸» Î»¼»»³»® Ý¸«®½¸ Û¨·¬·²¹ Æ±²·²¹æ Îï Î±¿²±µ» Ý±«²¬§ Ð®±°±»¼ Æ±²·²¹æ ÎïÍ Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ Ð±®¬·±² ±º ðîêòïçóðïóïêòððóðððð Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·¬»®·¿´ Ü·¬®·½¬æ Ý¿¬¿©¾¿ ß®»¿æ ëòêéï ß½®» Í½¿´»æ ïþ ã îððù ïð Í»°¬»³¾»®ô îðïî Í·¬» Ô¿²¼ Ë» Ò»·¹¸¾±®¸±±¼ Ý±²»®ª¿¬·±² Ü»ª»´±°³»²¬ Í«¾«®¾¿² Ê·´´¿¹» Ê·´´¿¹» Ý»²¬»® Î«®¿´ Ê·´´¿¹» Î«®¿´ Ð®»»®ª» Ý±²»®ª¿¬·±² Ì®¿²·¬·±² Ý±®» Û½±²±³·½ Ñ°°±®¬«²·¬§ Ð®·½·°¿´ ×²¼«¬®·¿´ Ë²·ª»®·¬§ q ß°°´·½¿²¬ Ò¿³»æ Ö»« ¬¸» Î»¼»»³»® Ý¸«®½¸ Û¨·¬·²¹ Æ±²·²¹æ Îï Î±¿²±µ» Ý±«²¬§ Ð®±°±»¼ Æ±²·²¹æ ÎïÍ Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ Ð±®¬·±² ±º ðîêòïçóðïóïêòððóðððð Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·¬»®·¿´ Ü·¬®·½¬æ Ý¿¬¿©¾¿ ß®»¿æ ëòêéï ß½®» Í½¿´»æ ïþ ã îððù ïð Í»°¬»³¾»®ô îðïî Í·¬» Æ±²·²¹ ßÙí ÛÐ ßÙï ßÎ ßÊ Ýï Ýî ÝîÝÊÑÜ ×ï ×î ÐÝÜ ÐÎÜ ÐÌÜ Îï Îî Îí Îì ÎÞ ÙÞ ÝÞ Óï Óî q ß°°´·½¿²¬ Ò¿³»æ Ö»« ¬¸» Î»¼»»³»® Ý¸«®½¸ Û¨·¬·²¹ Æ±²·²¹æ Îï Î±¿²±µ» Ý±«²¬§ Ð®±°±»¼ Æ±²·²¹æ ÎïÍ Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ Ð±®¬·±² ±º ðîêòïçóðïóïêòððóðððð Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·¬»®·¿´ Ü·¬®·½¬æ Ý¿¬¿©¾¿ ß®»¿æ ëòêéï ß½®» Í½¿´»æ ïþ ã îððù ïð Í»°¬»³¾»®ô îðïî SEC.30-41. - R-1 LOWDENSITYRESIDENTIALDISTRICT. (ExcerptfromtheRoanokeCountyZoningOrdinance) Sec.30-41-1. - Purpose. (A)The R-1,lowdensityresidentialdistrictisestablishedforareasofthecountywithintheurban service areawith existing low-middledensityresidentialdevelopment,withanaveragedensityof fromone(1)tothree(3)unitsperacre,andlandwhichappearsappropriatefor such development.Theseareasaregenerallyconsistentwiththeneighborhoodconservationland use categoryasrecommendedinthecomprehensiveplan.Inaddition,wheresurrounding developmentandthelevelofpublicserviceswarrant,theseareascoincidewiththedevelopment categoryrecommendedintheplan.This district isintendedtoprovidethehighestdegreeof protectionfrompotentiallyincompatibleusesandresidentialdevelopmentof a significantly differentdensity,size,or scale, inordertomaintainthehealth,safety,appearanceandoverall qualityoflifeof existing andfutureneighborhoods.Inadditiontosingle-familyresidences,only usesof a communitynaturewhicharegenerallydeemedcompatiblearepermittedinthisdistrict. Thiswouldincludeparksandplaygrounds, schools andothersimilarneighborhoodactivities. Sec.30-41-2. - Permitteduses. (A)Thefollowingusesarepermittedbyrightsubjecttoallotherapplicablerequirements containedinthisordinance.Anasterisk(*)indicatesadditional,modifiedormorestringentstandards aslistedinarticleIV, use anddesignstandards,forthose specific uses. 1.AgriculturalandForestryUses Stable,Private* 2.Residential Uses Accessory Apartment* HomeOccupation,Type I * ManufacturedHome * ManufacturedHome,Emergency * MultipleDogPermit* Residential HumanCareFacility Single-FamilyDwelling,Detached(ForZeroLotLineOption - *) Single-FamilyDwelling,Attached * Single-FamilyDwelling,AttachedandDetached(ClusterSubdivisionOption - *) Temporaryportablestoragecontainers * 3.CivicUses CommunityRecreation * ParkandRideFacility * PublicParksandRecreationalAreas * Utility Services, Minor 4.MiscellaneousUses AmateurRadioTower * WindEnergySystem,Small* (B)Thefollowingusesareallowedonlyby special use permitpursuant to section 30-19. An asterisk(*)indicatesadditional,modifiedormorestringentstandardsaslistedinarticleIV, use and designstandards,forthosespecificuses. 1.Residential Uses Accessory Apartment * AlternativeDischargingSewageSystem * HomeBeauty/BarberSalon * 2.CivicUses Cemetery * CrisisCenter DayCareCenter * EducationalFacilities,Primary/Secondary * FamilyDayCareHome * Religious Assembly * Utility Services, Major * 3.CommercialUses BedandBreakfast * 5.MiscellaneousUses OutdoorGatherings * Sec.30-41-3. - SiteDevelopmentRegulations. GeneralStandards.Foradditional,modified,ormorestringentstandardsforspecificuses, see ArticleIV, Use andDesignStandards. (A)Minimumlotrequirements. 1.Alllotsservedbyprivatewellandsewagedisposal systems: a.Area:0.75acre(32,670squarefeet). b.Frontage:90feeton a publiclyownedandmaintainedstreet. 2.Lotsservedbyeitherpublicsewerorwater: a.Area:20,000squarefeet. b.Frontage:75feeton a publiclyownedandmaintainedstreet. 3.Alllotsservedbybothpublicsewerandwater: a.Area:7,200squarefeet. b.Frontage:60feeton a publiclyownedandmaintainedstreet. (B)Minimumsetbackrequirements. 1.Frontyard: a.Principal structures: 30feet. b. Accessory structures: Behindthefrontbuildingline. 2.Sideyard: a.Principal structures: 10feet. b. Accessory structures: 10feetbehindfrontbuildinglineor 3 feetbehindrear buildingline. 3.Rearyard: a.Principal structures: 25feet. b. Accessory structures: 3 feet. 4.Where a lotfrontsonmorethanonestreet,frontyardsetbacksshallapplytoall streets. (C)Maximumheightof structures. 1.Heightlimitations: a.Principal structures: 45feet. b. Accessory structures: 15feet,or25feetprovidedtheycomplywiththe setbackrequirementsforprincipal structures. (D)Maximumcoverage. 1.Buildingcoverage:30percentofthetotallotareaforallbuildingsand 7 percentfor accessory buildings. 2.Lotcoverage:50percentofthetotallotarea. (Ord. No.62293-12, § 10, 6-22-93;Ord.No.42694-12, § 8, 4-26-94;Ord.No.042208-16, § 1, 4-22-08) Sec. 30-83-9. Religious Assembly. (Excerpt from Roanoke County Zoning Ordinance) (A) General standards: 1. 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 line 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 type. (B) In the AG-3, AG-1 and AR districts, the maximum building coverage shall be thirty (30) percent and the maximum lot coverage fifty (50) percent of the total lot area. (C) In the AG-3, AG-1, AR, and R-1 districts a special use permit shall not be required for the expansion of an existing use provided all of the following conditions are met: a. The total gross floor area of the expansion itself does not exceed 15,000 square feet; and b. The gross floor area of the expansion is not more than two hundred (200) percent of the existing gross floor area; and c. The expansion does not include a principal worship area expansion of more than fifty (50) percent of the existing permanent seating. All other expansions must obtain a Special Use Permit. (D) Additional standards in the C-2 district: 1.All new Religious Assembly uses require a Special Use Permit. 2. Expansions of existing uses are permitted by right. (Ord. No. 42694-12, § 19, 4-26-94; Ord. No. 042799-11, § 2, 4-27-99) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2012 ORDINANCE GRANTING A SPECIAL USE PERMIT FOR RELIGIOUS ASSEMBLY ON A 5.671 ACRES LOCATED AT 6900 WOOD HAVEN ROAD (TAX MAP NO. 26.19-01-16.00) CATAWBA MAGISTERIAL DISTRICT, UPON THE PETITION OF JESUS THE REDEEMER CHURCH WHEREAS, Jesus the Redeemer Church has filed a petition for a special use permit for religious assembly to be located at 6900 Wood Haven Drive (Tax Map No. 26.19-01-16.00) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on November 5, 2012; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on October 23, 2012; the second reading and public hearing on this matter was held on November 13, 2012. NOW, THEREFORE, BE IT RESOLVED 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 Jesus the Redeemer Church for religious assembly on 5.671 acres located at 6900 Wood Haven Drive in the Catawba Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: a) The properties shall be developed in substantial conformity with the concept plan dated December 27, 2010, titled “Preliminary Site Page 1 of 2 Plan for Jesus the Redeemer Church, Roanoke County, Virginia”, prepared by Pierson Engineering & Surveying, subject to those changes which may be required by Roanoke County during comprehensive site plan review. b) All parking lot lighting shall be shielded “cut-off” types no more than eighteen (18) feet high and arranged so glare is not cast onto adjoining properties. c) The freestanding signage shall be monument style with a maximum height of seven (7) feet and a maximum width of thirteen (13) feet. d) A single row of small evergreen trees, as specified in Section 30-92 of the Roanoke County Zoning Ordinance, shall be installed on the eastern side of the driveway adjoining the row of duplexes for approximately one hundred and seventy (170) feet. 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 provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 2 of 2