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HomeMy WebLinkAbout3/27/2018 - RegularINVOCATION: Pastor Vannie Harrell Church Alive International Roanoke County Board of Supervisors March 27, 2018 PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: "Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board." Page 1 of 5 Roanoke County Board of Supervisors Agenda March 27, 2018 Good afternoon and welcome to our meeting for March 27, 2018. 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 Supervisors meetings can also be viewed online through Roanoke County's website at www.RoanokeCountyVA.gov. Our meetings are closed -captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS D. BRIEFINGS E. NEW BUSINESS F. FIRST READING OF ORDINANCES 1. Ordinance authorizing the relocation of the polling place for Precinct 306 — Garst Mill pursuant to § 24.2-306, 307 and 310 of the 1950 Code of Virginia as amended (Anna Cloeter, Registrar) Page 2 of 5 G. SECOND READING OF ORDINANCES 1. Ordinance approving a lease with Reba Farm Inn to provide equestrian camping facilities and services in Explore Park (Doug Blount, Director of Parks, Recreation and Tourism) 2. Ordinance approving a lease with Treetop Quest Roanoke, LLC to provide an aerial adventure course at Explore Park (Doug Blount, Director of Parks, Recreation and Tourism) H. APPOINTMENTS 1. Budget and Fiscal Affairs (BFAC) (appointed by District) 2. Economic Development Authority (EDA) (appointed by District) 3. Library 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 — January 27, 2018 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Gary L. Creasy, Recreation Program Manager, upon his retirement after more than forty (40) years of service 3. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Eric "Steve" Wilson, Welding Shop Foreman, upon his retirement after more than twenty-one (21) years of service J. CITIZENS' COMMENTS AND COMMUNICATIONS K. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of February 28, 2018 Page 3 of 5 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of February 28, 2018 5. Accounts Paid — February 28, 2018 6. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of January 31, 2018 L. WORK SESSIONS 1. Work session to review with the Board of Supervisors Total Compensation and outside agencies as part of the County Administrator's Proposed Fiscal Year 2018-2019 Operating Budget (Thomas C. Gates, County Administrator; Anne Marie Green, Director of Human Resources; Rebecca E. Owens, Director of Finance; Christopher R. Bever, Director of Management and Budget) EVENING SESSION M. PUBLIC HEARING 1. Public hearing for citizen comments on the effective Real Estate Tax Rate for calendar year 2018 (Christopher R. Bever, Director of Management and Budget; William E. "Billy" Driver, Director of Real Estate;) N. PUBLIC HEARING AND ADOPTION OF RESOLUTIONS 1. Public hearing for citizen comments on the maximum 2018 calendar year tax rates for Real Estate, Personal Property, and Machinery and Tools Taxes (Christopher R. Bever, Director of Management and Budget) 2. Resolutions to set the following maximum tax rates for calendar year 2018 to support the fiscal year 2018-2019 operating budget: (a) Resolution to set the Real Estate maximum tax rate for calendar year 2018 (b) Resolution to set the Personal Property maximum tax rate for calendar year 2018 (c) Resolution to set the Machinery and Tools maximum tax rate for calendar year 2018 (Christopher R. Bever, Director of Management and Budget) O. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of Diana England to obtain a Special Use Permit in a R-1, Low Density Residential, District to obtain a multiple dog permit for seven (7) dogs on 1.18 acres, located at 4579 Layman Road, Vinton Magisterial District (Philip Thompson, Deputy Director of Planning) Page 4 of 5 P. CITIZEN COMMENTS AND COMMUNICATIONS Q. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Phil C. North 2. Joseph P. McNamara 3. P. Jason Peters 4. George G. Assaid 5. Martha B. Hooker R. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. F.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: March 27, 2018 Ordinance authorizing the relocation of the polling place for Precinct 306 — Garst Mill pursuant to § 24.2-306, 307 and 310 of the 1950 Code of Virginia, as amended Anna Cloeter Registrar Thomas C. Gates County Administrator Request for authorization to move the polling place for Precinct 306 - Garst Mill. BACKGROUND: The Roanoke County Electoral Board requests that the Board of Supervisors approve its recommendation that Precinct 306 - Garst Mill to be relocated from the Cave Spring Rescue Station at 3206 Valley Forge Avenue in Roanoke, Virginia 24018 to Room 16 of The Brambleton Center at 3738 Brambleton Avenue in Roanoke, Virginia 24018. Per § 24.2-306(A) of the Code of Virginia, any changes in polling places must be enacted more than 60 days prior to the next election. Per § 24.2-306(B), notice of such a change must be mailed to all voters registered in the affected precincts at least 15 days prior to the next election. DISCUSSION: The Roanoke County Electoral Board believes that the relocation of this polling place will greatly improve voter accessibility and convenience. Roanoke County currently uses the Cave Spring Rescue station as the polling place for Precinct 306 - Garst Mill. Voters have long complained about the extremely limited parking available at the Rescue Station, while elderly voters and voters with physical disabilities face difficulty accessing and entering the building even if they manage to park in one of the few Page 1 of 3 spaces reserved for them under the Americans with Disabilities Act (ADA). Moving Precinct 306 - Garst Mill's polling place to Room 16 at The Brambleton Center will provide voters with a larger, more level parking area, excellent ADA accessibility for voters wishing to vote curbside as well as those wishing to vote inside the polls, and a big, open space measuring 22' by 35' that will adequately accommodate the County's voters, voting equipment, and Officers of Election. Additionally, Room 16 is located across the hall from both men's and women's restrooms and is adjacent to a kitchen area that Officers could use to store meals and beverages during their shifts from 5 AM to 7:30/8 PM on election days. Room 1, the community room/gymnasium at The Brambleton Center currently serves as the polling place for Precinct 506 - Mount Vernon. There is adequate space in the parking lot and significant separation between the two rooms that will be used as polling places. The overall facility and the rooms at either end of the building in which voting will take place are large enough to accommodate all assigned voters and allow both precincts to operate without issue. With appropriate signage and advance notice of the polling place relocation, we hope to minimize any of the initial confusion that may be caused by such a move. The following diagram shows the areas to be used for voting purposes: Page 2 of 3 E N T E R FISCAL IMPACT: The fiscal impact, including the required legal notice and postage for mailing notification postcards to affected voters, is estimated to be approximately $1,000. This sum will be paid from Voter Registration and Elections' current budget appropriation; no additional funding is being requested. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling the public hearing and second reading for April 10, 2018. Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, MARCH 27, 2018 ORDINANCE AUTHORIZING THE RELOCATION OF THE POLLING PLACE FOR PRECINCT 306 — GARST MILL PURSUANT TO SECTION 24.2-306, 24.2-307 AND 24.2-310 OF THE CODE OF VIRGINIA, AS AMENDED WHEREAS, Sections 24.2-306, 24.2-307 and 24.2-310 of the Code of Virginia (1950), as amended, authorize the governing body of each county to establish the polling place for each precinct in that jurisdiction by ordinance; and WHEREAS, the citizens of Roanoke County, as well as the election officials, will be better served by the relocation of the Precinct 306-Garst Mill; and WHEREAS, the election officials have determined that the proposed polling place will provide more space for voting equipment, higher security to assure citizen and equipment safety, additional and more convenient parking and better accessibility for citizens for all future elections; and WHEREAS, the first reading of this ordinance was held on March 27, 2018, and the second reading of this ordinance and public hearing were held on April 10, 2018. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the relocation of the following polling place be and is hereby approved as follows: (1) Garst Mill Precinct 306 polling place in the Cave Spring Magisterial District be relocated from the Cave Spring Rescue Station at 3206 Valley Forge Avenue, Roanoke, Virginia 24018 to Room 16 of The Page 1 of 2 Brambleton Center at 3738 Brambleton Avenue, Roanoke, Virginia 24018; and 2. That the General Registrar for the County of Roanoke, Virginia is hereby authorized to take all measures necessary to comply with Virginia law and regulations regarding a change in a polling precinct and for reasonable notification to the voters of this change in their respective polling location. 3. That the County Administrator and the General Registrar are hereby authorized and directed to take such others actions as may be necessary to accomplish the intent of this ordinance. 4. That this ordinance shall take effect immediately. Page 2 of 2 ACTION NO. ITEM NO. G.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: March 27, 2018 Ordinance approving a lease with Reba Farm Inn to provide equestrian camping facilities and services in Explore Park Doug Blount Director of Parks Recreation and Tourism Thomas C. Gates County Administrator Approval of an ordinance authorizing a lease agreement with Reba Farm Inn to offer equestrian facilities and services in Explore Park BACKGROUND: Roanoke County signed a 99 -year lease for Explore Park in 2013 with the Virginia Recreational Facilities Authority. As a part of the lease requirements, Roanoke County developed a master plan for the park. The master plan laid out a detailed approach to providing recreational amenities through public and private offerings to develop the park into a destination for local citizens and tourists from outside of Virginia's Blue Ridge. In 2016, the Roanoke County Board of Supervisors approved the Adventure Plan for Explore Park which outlined the direction for the park's development. As a part of the Adventure Plan and Business Plan for Explore Park, it outlined the public-private partnerships that were necessary for the park to develop into a destination facility. One of the services identified in the Adventure Plan was providing equestrian services. Roanoke County issued Request for Proposal 2017-097: Programs for Explore Park on March 22, 2017, and proposals were due on May 17, 2017. Roanoke County received one proposal to provide equestrian services and camping from Reba Farm Inn. Page 1 of 2 DISCUSSION: Reba Farm Inn has proposed to build and operate an equestrian facility at South Ops Park to offer equestrian camping, trail riding, excursions, riding lessons and special events. Reba Farm Inn proposes to build up to six (6) camping spots with electrical hook ups for equestrian travel trailers and RVs. The company will place horses and donkeys on the property. They will renovate three structures on at South Ops Park for a barn and equipment storage. They also will build additional fences and gates to accommodate trail riding, lessons and special events. Rates for customers will vary based on the type of services being offered. South Ops Park is also a future location for the Roanoke River Greenway and trailhead parking facility. The lease is for five (5) -years with two (2) additional five (5) -year options for a total of 15 years. There have been no changes since the first reading held on March 13, 2018. FISCAL IMPACT: Roanoke County will receive ten percent (10%) of gross sales from Reba Farm Inn. The revenue from the land lease will be used to support the operations of Explore Park. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. Page 2 of 2 This Explore Park Lease Agreement, made this day of , 2018, is by and between the Roanoke County Board of Supervisors ("the County") and Reba Farm Inn ("Company"). RECITALS The County is a political subdivision of the Commonwealth of Virginia. The County is the Lessee of a ninety-nine year lease for Explore Park, property owned by the Virginia Recreational Facilities Authority ("VRFA"), a political subdivision of the Commonwealth of Virginia. The terms of said lease are incorporated by reference herein. Whereas, the provisions of Section 15.2-1811 of the Code of Virginia, 1950, as amended, allow the County to operate a public park and recreation facility; Whereas, the purpose of the lease agreement between the County and the VRFA is for the County to provide and promote a high quality recreational attraction in the western part of the Commonwealth; expand the historical knowledge of adults and children; promote tourism and economic development in the Commonwealth; set aside and conserve scenic and natural areas along the Roanoke River; preserve open -space land; and enhance and expand research and educational programs, this Agreement between County and Company is consistent with the County's purpose and strategic plan for Explore Park. Whereas, the County wishes to provide, among other things, equestrian special events, including trail rides, lessons and equestrian camping in and across Explore Park, and the Company is willing to p 1 a n, direct, operate, host, construct and manage such services at the Park at its expense; and WHEREAS, Company is willing and able to render said services pursuant to the provisions of this Agreement; and Whereas, this Lease Agreement shall consist of County's RFP 2017-097, the Company's response, this document, and any exhibits thereto (collectively, "the Agreement"). NOW, THEREFORE, in consideration of the mutual covenants contained herein, the County and the Lessee agree to the following: 1. Term This Agreement shall commence on , 2018, and shall continue for a period of five years, terminating on December 31, 2022 ("Initial Term"). The parties may extend the term of this Agreement for no more than two successive five-year terms upon the completion of the terms and conditions of this Agreement. The total renewable terms of this Agreement shall be no more than fifteen calendar years. If the parties wish to continue after the Initial Term, this Agreement (or as amended) shall be executed by mutual consent of the parties at that time, but in any event no later than one hundred twenty (120) days prior to the expiration of Page 1 of 9 the Initial Term. 2. Services Required Services Company agrees to render services (the "Services") to the County by designing, planning, operating, and hosting in Explore Park equestrian services, including trail rides, lessons and equestrian camping, as set forth in Exhibit A, "Scope of Services." Company agrees to perform the Services as stated in Exhibit A in exchange for the County authorizing Company to utilize Explore Park for conduct of Company's business and for further consideration as described in this Agreement. Company will be an exclusive vendor for trail rides and equestrian services in Explore Park. Operation and Quality of Operation The Company shall p 1 a n, direct, operate, host, and manage trail rides and equestrian services and any related support facilities and services in accordance with this Agreement to such an extent and in a manner considered satisfactory by the County. The Services to be provided under the terms of this Agreement will complement other recreational services to be provided by other vendors and further, that Company shall work collaboratively with other vendors in Explore Park to provide travel packages to Explore Park visitors. Rates All rates and charges to the public by the Company for participation in the trail rides and equestrian events as outlined in this Agreement shall be reasonable and appropriate for the type and quality of events and/or services required and/or authorized under this Agreement. The Company's rates and charges to the public must be approved by the County. 3. Compensation Fee In consideration for use of the trails and other facilities in Explore Park as event venues, as described herein, Company shall pay the County 10% of gross revenue. The entirety of the fee arrangement between the County and Company is set forth in Exhibit B, which is incorporated b y r e f e r e n c e h e r e i n. The C o u n t y shall not be responsible for any costs of building and operating infrastructure and equipment necessary for the Services to be provided by Company, except as outlined in this Agreement. Manner of Pam Company agrees to pay said compensation amount to the County on a quarterly basis under the terms of this Agreement. Company shall also provide an accounting of the necessary documentation sufficient for the contractual payment to be evident to the County from the documentation provided, or as otherwise authorized under Exhibit B. Page 2 of 9 Audit Company agrees that the County shall have the right to inspect and audit Company's revenues, on an annual basis, for equestrian services that are the subject of this Agreement to ensure correct payments to County. 4. Leased Premises The areas of Explore Park to be leased by Company from the County to provide the Services outlined in this Agreement are more fully described in Exhibit C, incorporated by reference herein. Company's rights set forth herein will not interfere with the County's use of the Property outside the Leased Premises. Company will clean up and restore property at the conclusion of each installation or repair process during the term of this Agreement. 5. Construction or Installation of Real Property provements The Company may construct or install in Explore Park only those real property improvements that are determined by the County to be necessary and appropriate for the administration and operation of the trail rides, lessons, equestrian camping and equestrian events to be conducted by the Company. All real property improvements constructed or installed by the Company shall be deemed fixtures and will immediately become the property of the County. The Company shall commence its first trail ride or equestrian event in Explore Park on or before , 2018 in a manner that demonstrates to the satisfaction of the County that the Company is in good faith carrying forward its obligations under this Agreement. 6. Marketing Company will work with the county to market Company at Explore Park. Company shall have a limited, non-exclusive license to use Explore Park's logo and marks for the promotion of equestrian services. Company will work collaboratively with the County to combine marketing funds when appropriate. Company gives County a non-exclusive license to use logo and marks to promote equestrian services and Explore Park. 7. Maintenance Company accepts the Leased Premises "as is," and the County makes no warranties, express or implied, with respect thereto. Company will keep and maintain the Leased Premises and all improvements located thereon, and all appurtenances thereto, in good repair and in safe and sanitary condition, ordinary wear and tear excepted; and will make all necessary repairs, replacements and renewals, which shall be substantially equal in quality and class to the original work. Company will notify County of any safety issues with trees in the leased premises. County will be responsible for cutting or removal of trees. Company will conform with and do all things necessary to comply with every valid law, regulation, order and requirement of any governmental Page 3 of 9 authority relating to the Leased Premises, and will hold and save liabilities, including but not limited to consequential damages, for the breach thereof or failure to comply therewith. Company acknowledges that during the equestrian operations at South Ops Park that construction of the Roanoke River Greenway will be underway within the park site. This construction may temporally impact Company's leased areas and County will be held harmless during this 12-18 month period for any impacts on Company, including but not limited to, business interruption costs 8. Standard of Performance and Compliance with Applicable Laws Company warrants and represents that it possesses the special skill and professional competence, expertise and experience to undertake the obligations imposed by this Agreement. Company agrees to perform in a diligent, efficient, competent and skillful manner commensurate with the highest standards of the profession, and to otherwise perform as is necessary to undertake the Services required by this Agreement. Company warrants and represents that it will, at all times, observe and comply with all federal, state, local and municipal ordinances, rules, regulations, relating to the provision of the Services to be provided by Company hereunder or which in any manner affect this Agreement. 9. Insurance At all times during the term of this Agreement, the Company shall maintain a policy of general commercial liability insurance with limits of liability of three million dollars ($3,000,000). The Company shall name the County as an additional insured on this policy and shall provide a certificate of insurance to County. At all times during the term of this Agreement, the Company shall maintain a policy of workers' compensation insurance, with limits of liability as required by the Workers' Compensation Commission of Virginia. 10. Relationship of the Parties Independent Contractors Nothing contained herein shall be deemed to create any relationship other than that of the Company as an independent contractor with County. This Agreement shall not constitute, create, or otherwise imply an employment, joint venture, partnership, agency or similar arrangement between the County and Company. It is expressly agreed that Company is acting as an independent contractor and not as an employee of the County in providing the Services under this Agreement. Employee Benefits Company shall not be eligible for any benefit available to employees of County including, but not limited to, workers' compensation insurance, state disability insurance, unemployment insurance, group health and life insurance, vacation pay, sick pay, severance pay, bonus plans, pension plans, or savings plans. Page 4 of 9 Payroll Taxes Company shall be responsible for all FICA, federal and state withholding taxes and workers' compensation coverage for any individuals assigned to perform the Services in furtherance of this Agreement. 11. Indemnification Company agrees to defend, indemnify and hold harmless the County, its governing body, officers, employees, officials and agents, from and against any and all claims, suits, liens, judgments, damages, losses and expenses including reasonable legal fees and costs arising in whole or in part and in any manner against any and all liabilities, claims, demands, actions, costs, and expenses of any kind and nature whatsoever, which may arise, in whole or in part, as a result of any physical damage to person or property as a result of the Services provided by Company herein, or out of a breach by Company of its obligations under this Agreement. The County shall have no liability over any event or injury that may occur as a result of equestrian services and camping. The County further disclaims all liability associated with the Services provided herein, and make no warranties as to the safety of Explore Park for conducting said Services. 12. Force Majeure Neither party shall be liable for any delay or failure to perform its obligations (other than a failure to comply with payment obligations) hereunder if such delay or failure is caused by an unforeseeable event beyond the reasonable control of a party, including without limitation: act of God; fire; flood; earthquake; labor strike; sabotage; fiber cut; embargoes; power failure, e.g., rolling blackouts, electrical surges or current fluctuations; lightning; supplier's failures; act or omissions of telecommunications common carriers; material shortages or unavailability or other delay in delivery; lack of or delay in transportation; government codes, ordinances, laws, rules, regulations or restrictions; war or civil disorder, or act of terrorism. Force majeure also includes any closure of the Blue Ridge Parkway and or trails by the National Park Service. 13. Assignment Company shall not assign this Agreement without the prior express written consent of the County. Any attempted assignment by Company without the prior express written approval of County shall at County's sole option terminate this Agreement without any notice to Company of such termination. 14. Waiver of Breach The waiver by either party of a breach or violation of any provision of this Agreement shall not operate or be construed to constitute a waiver of any subsequent breach or violation of the same or other provision thereof. Page 5 of 9 15. Governing Law This Agreement shall be construed and governed by the laws of the Commonwealth of Virginia, without giving effect to the principles of conflicts of laws. The venue for any disputes arising out of this Agreement shall be the Circuit Court for Roanoke County or in the United States Federal District Court for the Western District of Virginia, Roanoke Division. 16. Notices All required notices or other communications required or permitted under the terms of this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally in hand, or when mailed by certified or registered mail, return receipt requested with proper postage prepaid, addressed to the appropriate party at the following address: County of Roanoke Director, Parks Recreation & Tourism 1206 Kessler Mill Road Salem, VA 24153 17. Entire Agreement Reba Farm Inn Ronald Gore 1099 Reba Farm Lane Bedford, VA 24523 This Lease Agreement shall consist of this document, Roanoke County RFP #2017-097, and Company's response thereto, and all exhibits referenced herein. To the extent that there is any conflict between the terms in this document, the RFP or Company's response thereto, the terms of this document shall supersede any conflicting terms. This Lease Agreement which includes the exhibits hereto contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior discussions, representations and understandings, whether oral or written. Roanoke County Board of Supervisors Reba Farm Inn County Administrator Page 6 of 9 President / CEO EXHIBIT A Scope of Services The Roanoke County Board of Supervisors (County) and REBA FARM INN ("Company") have entered into this Agreement for Company to provide certain services to the County as a vendor. Company, pursuant to the terms of this Agreement, shall offer the following services: I . Company shall operate its Services on portions of the Niagara Equestrian Camp "South Ops Park", located at 3204 Highland Road and identified as Tax Parcel IDs 080.00-01- 35.00-0000, 071.03-01-10.00-0000 and 071.03-01-11.00-0000 for equestrian services as identified in Exhibit C (the Leased Premises). Exhibit C shows the future greenway and trailhead parking. Company is not responsible for maintaining these two recreational amenities. 2. Company will be responsible for installation and maintenance of all fencing and gates to secure horses and donkeys on the Leased Premises. 3. Company may sell food, beverage and retail services at South Ops Park. Company will obtain all necessary licenses and permits and pay all applicable taxes associated with such sales. 4. Company is responsible for safe passage of its customers, invitees, employees, agents, and assigns across Highland Road as a means of ingress into National Park Service property along the Blue Ridge Parkway, contingent on federal approval and permitting, pursuant to the Services offered herein. 5. Company will be responsible for all electric costs associated with delivery of Services that are the subject of this Agreement. 6. Company will be responsible for maintaining the well pump and well and maintaining water quality for use in the delivery of Services under this Agreement. Should Company want to make the water potable, Company is responsible for the disinfecting process, testing and obtaining any Virginia Department of Health permits. 7. Company is responsible for any building improvements on the Leased Premises and securing occupancy permits through Roanoke County. 8. Company shall provide equestrian camping services on the Leased Premises with 2-6 electric hook ups for campers and RVs. 9. Company shall conduct a criminal conviction screening and shall review and analyze the results of such screening for all its employees, agents, and subcontractors. Company shall not employ any registered sex offenders to work or provide services at any of the Leased Premises. Company shall provide the results of any of the results of background screenings for Company employees at the request of the County. County reserves the right to require Company to remove any of Company's employees or agents from working or delivering Services for Company in Explore Park. 10. Company will implement appropriate training program(s) for its employees who will work or provide services in Explore Park. Company acknowledges Explore Park is a drug and alcohol free facility for all employees and subcontractors. 11. Company will comply with and be required to obtain permits all Virginia Department of Health policies for camping and use of potable water. Page 7 of 9 12. Company will be responsible for daily visits to South Ops site for animal feeding, watering, waste removal and inspection of facilities; Company is subject to all applicable local, state, and federal regulations for the care of all animals. 13. Company will meet no less often than monthly with the Department Director, Assistant Director for Parks, Outdoor Services Manager, Business and Information Manager and Tourism Manager to discuss camping operations and park operations. 14. Company acknowledges that Explore Park is an important component of the County's economy and positive customer service experience is critical to the success of Explore Park. Accordingly, Company will act in good faith to be attentive and resolve customer complaints in a timely manner. 15. Company will provide a minimum of one ADA accessible and one non -ADA accessible portable toilet on the Leased Premises during operations until a time in the future that public restrooms are available on or immediately adjacent to the Leased Premises. Company has permission to build and install bathroom facilities on the Leased Premises, subject to all applicable local, state, and federal regulations. County, pursuant to the terms of this Agreement, shall be responsible for the following: 1. County will demolish buildings D and E identified in Exhibit C to this Agreement. The site will be graded and returned to a natural state with grass within 120 days of the agreement. 2. County will provide Company a trail riding loop for delivery of Company's Services in Explore Park for a regular schedule throughout the year. All trail riding by Company's invitees, licensees, and customers in Explore Park must be scheduled in advance with the Outdoor Services Manager. The trail riding loop will be provided in writing by County on an annual basis in collaboration with Company. The trail riding loop may be subject to change throughout the year based on park construction and activities. 3. County will provide registration and online booking of Company's services should Company want this service at no cost to the Company. The Company will reimburse County for all credit card fees related to in park or online transactions at 3% of each sale transaction. 4. County will provide Company use of buildings A, B and C as identified on Exhibit C. 5. County will provide dumpsters at Explore Park for Company and its invitees and customers to use while using the Leased Premises. 6. County will design and provide an entrance sign visible from Highland Road. 7. County will be responsible for installing and maintaining a septic field for use of camping and or restroom facilities by the Company. Page 8 of 9 EXHIBIT B Fee Agreement Company agrees that, to the extent it contracts with third parties to perform any of Company's duties associated with the trail rides and equestrian events as described in this Agreement, Company shall hold harmless and indemnify County for any claims resulting from the failure of Company to make prompt payments to all persons or entities providing equipment, labor, services, or tools in connection with Services Company is obligated to provide under this Agreement. 1. Company shall pay the County 10% (Ten percent) of Company's annual gross revenue from its operations at Explore Park during the term of this Agreement. 2. Company shall remit such payments as described herein to County on a quarterly basis, with the last annual payment no later than June 30 during each year during the term of this Agreement. 3. Where Company's customers rent overnight accommodations utilizing County's point of sale system and or online reservation system, County shall remit Company's rental revenue to Company on a monthly basis, minus 3% for all related credit card fees. To the extent that Company is in arrears on annual rent, County reserves the right to withhold such overnight accommodation revenue. 4. Company shall apply for and at all times during the course of this Agreement, shall maintain a business license, as issued by the Roanoke County Commissioner of the Revenue. 5. Company shall remit to the Roanoke County Commissioner of Revenue or Roanoke County Treasurer all applicable Business, Professional and Occupational License taxes, business personal property taxes, and other applicable local, state, and federal taxes as mandated by Title 58.1 of the Code of Virginia during the term of this Agreement. 6. Company shall collect from its customers and remit all applicable local, state, and federal taxes to the Roanoke County Commissioner of the Revenue, the County Treasurer, or other applicable government officials at all times during the term of this Agreement. 7. In administering this Agreement, the County Finance director may request that Company provide reports and sufficient data regarding revenue to determine whether Company is complying with terms of the revenue-sharing agreement. In the event County Finance director requests reports or other documents to conduct such an audit, such information shall be produced by Company in a reasonable time, not to exceed thirty days from the date of the request. 8. Company agrees that, to the extent it contracts with third parties to perform any of Company's duties associated with the Services to be provided pursuant to this Lease Agreement, Company shall hold harmless and indemnify County for any claims resulting from the failure of Company to make prompt payment to all persons or entities providing equipment, labor, services, or tools in connection with the Services Company is obligated to provide under this Agreement. Page 9 of 9 " I QLease Area S Future Roanoke River Greenway Parcel ID: 071.03-01-10.00-0000 Parcel ID: % 071.03-01-11.00-0000 Parcel ID: 080.00-01-35.00-0000 Building A Building C Building E I y� Building B cy� Building D Q� r' ,dROANOKE Explore Park Lease Agreement -Niagara Equestrian Area 0 50 100 200 300 COUNTYVA Exhibit C - Reba Farm Inn/Saddle Soar Equitainment Feet malts, nEc�anory ' Date: 2/21/2018 1 inch = 238 feet ��a=<< ,-,� AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 27, 2018 ORDINANCE APPROVING A LEASE WITH REBA FARM INN TO PROVIDE EQUESTRIAN SERVICES IN EXPLORE PARK WHEREAS, the County is the Lessee of a ninety-nine year lease for Explore Park, property owned by the Virginia Recreational Facilities Authority ("VRFA"), a political subdivision of the Commonwealth of Virginia; and WHEREAS, the purpose of the lease between the County and the VRFA is for the County to provide and promote a high quality recreational attraction in the western part of the Commonwealth; expand the historical knowledge of adults and children; promote tourism and economic development in the Commonwealth; set aside and conserve scenic and natural areas along the Roanoke River; preserve open -space land; and enhance and expand research and educational programs; and WHEREAS, the Roanoke County Department of Parks, Recreation & Tourism ("PRT") has devised a master plan ("Adventure Plan") for the land leased by the County in Explore Park to achieve the purpose of the County / VRFA Lease; and WHEREAS, the Adventure Plan calls for design and implementation of various outdoor recreation activities, including different types of recreation activities; and WHEREAS, the County has solicited and negotiated contracts with various vendors for ground leases and event contracts to implement the Adventure Plan; and WHEREAS, Reba Farm Inn ("Reba Farm"), was the responsive bidder for the County's RFP for, among other things, providing equestrian services for visitors to Explore Park; and Page 1 of 3 WHEREAS, the County has agreed to lease portions of Explore Park to Reba Farm, so that the company may provide quality equestrian events and services to visitors of Explore Park; and WHEREAS, such a lease will provide tangible and intangible benefits to the County in the form of revenue and economic development; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Sections 2.01 and 2.03 of the Charter of Roanoke County, the County is authorized to acquire property, including the lease of real estate; and, 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, the acquisition of any interest in real estate shall be accomplished by ordinance, the first reading of this ordinance was held on March 13, 2018, and the second reading of this ordinance was held on March 27, 2018. 3. That the execution of a Lease Agreement ("Agreement") with Reba Farm to lease certain parcels of land in Explore Park is authorized. 4. That the lease term shall commence on April 1, 2018, and continue for a period of five (5) years, with the option to renew for an additional successive five (5) - year periods, upon the same terms and conditions contained in the Agreement, unless terminated as provided in the Agreement. 5. That the base rent shall be ten percent (10%) of Reba Farm Inn's gross revenue derived from its services at Explore Park, annually, during the term of the Agreement. Page 2of3 6. That the County Administrator, or an Assistant County Administrator, is authorized to execute such documents and take such actions on behalf of the Board of Supervisors in this matter as are necessary to accomplish the lease of this property, all of which shall be approved as to form by the County Attorney. 7. That this ordinance shall be effective on and from the date of its adoption. Page 3of3 ACTION NO. ITEM NO. G.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: March 27, 2018 Ordinance approving a lease with Treetop Quest Roanoke, LLC to provide an aerial adventure course at Explore Park Doug Blount Director of Parks Recreation and Tourism Thomas C. Gates County Administrator Approval of an ordinance authorizing a lease agreement with Treetop Quest Roanoke, LLC to offer aerial adventure and retail services in Explore Park BACKGROUND: Roanoke County signed a 99 -year lease for Explore Park in 2013 with the Virginia Recreational Facilities Authority. As a part of the lease requirements, Roanoke County developed a master plan for the park. The master plan laid out a detailed approach to providing recreational amenities through public and private offerings to develop the park into a destination for local citizens and tourists from outside of Virginia's Blue Ridge. In 2016, the Roanoke County Board of Supervisors approved the Adventure Plan for Explore Park, which outlined the direction for the park's development. As a part of the Adventure Plan and Business Plan for Explore Park, it outlined the public-private partnerships necessary for the park to develop into a destination facility. One of the services identified in the Adventure Plan was providing a signature aerial adventure course. Roanoke County issued Request for Proposal 2017-0092: Aerial Adventure Course for Explore Park on March 22, 2017, and proposals were due on May 17, 2017. Roanoke County received two proposals to provide aerial adventure courses. Treetop Page 1 of 2 Quest was selected as the firm that best met the criteria for the Request for Proposal. DISCUSSION: Treetop Quest Roanoke, LLC has proposed to build an aerial adventure course with four levels in the course. Treetop Quest has three facilities in current operation in the United States and will open a fourth location in Philadelphia, PA in April 2018. Explore Park will be the fifth (5t") facility for Treetop Quest. Treetop Quest offers a state of the art, continuous belay system for guests. This belay system keeps the participants attached to the cabling system while on the course so they never have to become disconnected while moving from element to element. This system allows for children as young as four (4) years of age to use the aerial adventure course. Treetop Quest will also provide a retail program with merchandise, food and beverage services. Treetop Quest will construct their facility in Adventure Village next to the Visitor Center and Arthur Taubman Center. The Visitor Center parking lot will provide parking for the attraction. Treetop Quest will build the attraction in the first year of the agreement and will open the facility in year two of the agreement. The lease also addresses future growth by adding swinging bridges and a suspended children's play area during the first five (5) years of the agreement. The lease is for seven (7) years with two (2) additional three (3) -year options for a total of 13 years. The lease was updated since first reading to reflect Labor Day of 2019 as the latest date that the aerial adventure course will open to the public at Explore Park. FISCAL IMPACT: Roanoke County will receive five percent (5%) or a minimum of $25,000 beginning in year two (2) of the agreement. In years three through seven (3-7), the minimum guarantee to Roanoke County will be $30,000. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. Page 2 of 2 Explore Park Lease Agreement This Explore Park Lease Agreement, made this day of , 2018, ("the Agreement") is by and between the Roanoke County Board of Supervisors ("the County") and Treetop Quest Roanoke, LLC ("Company"), a company with its principal place of business at 1351 Oakbrook Drive, Suite 105, Norcross, Georgia. RECITALS The County is a political subdivision of the Commonwealth of Virginia. The County is the Lessee of a ninety-nine year lease for Explore Park, property owned by the Virginia Recreational Facilities Authority ("VRFA"), a political subdivision of the Commonwealth of Virginia. The terms of said lease are incorporated by reference herein. WHEREAS, the provisions of Section 15.2-1811 of the Code of Virginia, 1950, as amended, allow the County to operate a public park and recreation facility; and WHEREAS, the purpose of the lease between the County and the VRFA is for the County to provide and promote a high quality recreational attraction in the western part of the Commonwealth; expand the historical knowledge of adults and children; promote tourism and economic development in the Commonwealth; set aside and conserve scenic and natural areas along the Roanoke River; preserve open -space land; and enhance and expand research and educational programs. This Agreement between the County and Company accomplishes that purpose; and WHEREAS, the County wishes to provide, among other things, an aerial adventure recreation activity for visitors to Explore Park, and Company is willing to d e s i g n, build, operate, and maintain same at the park, at its expense, and provide the treetop obstacle course and aerial adventure experience to visitors of Explore Park; and WHEREAS, Company is willing and able to render said services pursuant to the provisions of this Agreement; and WHEREAS, the governing body of the County, its Board of Supervisors, has approved this Agreement, pursuant to Ordinance NOW, THEREFORE, in consideration of the mutual covenants contained herein, the County and the Company agree to the following: 1. Term This Agreement shall commence on , 2018, and shall continue for a period of seven years, terminating on December 31, 2024 ("Initial Term"). The parties may extend the term of this Agreement for no more than two successive three-year terms upon the completion of the terms and conditions of this Agreement. The total renewable terms of this Agreement shall be no Page 1 of 10 more than thirteen calendar years. If the parties wish to continue after the Initial T e rm , this Agreement (or as amended) shall be executed by mutual consent of the parties at that time, but in any event no later than one hundred twenty (120) days prior to the conclusion of the Initial Term. 2. Services Required Services Company agrees to render services (the "Services") to the County by designing, constructing, and operating in E x p l o r e P a r k an aerial adventure course as set forth in Exhibit "A," "Scope of Services." Company agrees to perform the Services as stated in the Scope of Services in exchange for the County authorizing Company to utilize Explore Park for conduct of Company's business and for further consideration as described in this Agreement. Operation and QualitfOperation Company shall provide, operate and maintain the required and authorized aerial adventure activity and any related support facilities and services in accordance with this Agreement to such an extent and in a manner considered satisfactory by the County. The Services to be provided under the terms of this Agreement will complement other recreational services to be provided by other vendors and further, Company shall work collaboratively with other vendors in Explore Park to provide travel packages to Explore Park visitors. Rates All rates and charges to the public by Company for the aerial adventure course as outlined in this Agreement shall be reasonable and appropriate for the type and quality of facilities and/or services required and/or authorized under this Agreement. Company's rates and charges to the public for Services under this Agreement must be approved by the County on an annual basis. Exclusive Vendor The County and Company agree that Company shall be the exclusive vendor for aerial adventure courses in Explore Park during the term of this Agreement. 3. Compensation Fee In consideration for use of the Leased Premises as described herein, beginning in year two of this Agreement, Company shall pay the County 5% of annual gross profits with a minimum guarantee of $25,000 annually, as further described and defined in Exhibit B. The entirety of the fee arrangement between the County and Company is set forth in Exhibit B which is incorporated by reference herein. The County shall not be responsible for any costs of building and operating infrastructure and equipment necessary for the services to be provided by Company, except as outlined in this Agreement. Manner of Pam Company agrees to pay said compensation amount to the County on a quarterly basis by submitting the payment along with the accounting of the necessary documentation sufficient for Page 2 of 10 the contractual payment to be evident to the County from the documentation provided, or as otherwise authorized under Exhibit B. Audit Company agrees that the County shall have the right to inspect and audit Company's revenues, on an annual basis, for the aerial adventure course that is the subject of this Agreement to ensure correct payments to County. 4. Leased Premises The areas of Explore Park to be leased by Company from the County to provide the Services outlined in this Agreement are more fully described in Exhibit C, incorporated by reference herein. Leased premises shall also include the ground floor of the Arthur Taubman Center ("the Center") for Company's use for their retail operation. Use of the Center shall continue under the terms of this Agreement until Company has completed construction of a separate building for their retail operations, or, until expiration of the initial seven year term of this Agreement, whichever shall occur earliest. Company shall be responsible for any improvements to Leased Premises in the Center. The County shall be responsible for landscaping and preparing the entrance to the ground floor of the Center. The County will be responsible for costs of utilities (electric, water and sewer) associated with Company's use of space in the Center. Company is responsible for paying for the telephone land lines and communication lines for internet access. The County, in consultation with Company, will design and install directional signage to Company's retail entrance. Company's rights set forth herein will not interfere with the County's use of the Property outside the Leased Premises. Company will clean up and restore property at conclusion of each installation or repair process during the term of this Agreement. 5. Construction or Installation of Real Property Improvements Company may construct or install upon Leased Premises onlythose real property improvements that are determined by the County to be necessary and appropriate for the administration and operation of the aerial adventure recreation activity to be conducted by Company. All real property improvements constructed or installed by Company shall be deemed fixtures and will become the property of the County immediately. Company shall commence construction on the aerial adventure course on or before March 1, 2019 in a manner that demonstrates to the satisfaction of the County that Company is in good faith carrying forward its obligations under this Agreement. Company shall complete and have the aerial adventure course available for public use on or before September 2, 2019. Page 3 of 10 6. Marketing Company will work with the County to market Treetop Quest at Explore Park. Company shall have a limited, non-exclusive license to use Explore Park's logo and marks property for the promotion of the aerial adventure course. Company will work collaboratively with the County to combine marketing funds when appropriate. Company gives the County permission to use Treetop Quest logo and marks to promote the aerial adventure course and Explore Park. Company shall collaborate with the County and other Explore Park vendors to develop discount packages for customers. Company will set a discounted admission rate for Roanoke County employees to use Treetop Quest. Company shall provide the County 250 complimentary admission tickets for promotional and VIP uses on an annual basis. 7. Easements and Access The County shall grant to Company non-exclusive rights of easement for rights of access to the Leased Premises in Explore Park so Company can fulfill its obligations under the terms of this Agreement. The County shall have the right at any time to enter upon or into the Leased Premises assigned to Company under this Agreement for any purpose the County deems necessary for administration of Explore Park. 8. Maintenance Company accepts the Leased Premises "as is," and the County makes no warranties, express or implied, with respect thereto. Company will keep and maintain the Leased Premises and all improvements located thereon, and all appurtenances thereto, in good repair and in safe and sanitary condition, ordinary wear and tear excepted; and will make all necessary repairs, replacements and renewals, which shall be substantially equal in quality and class to the original work. Company will conform with and do all things necessary to comply with every valid law, regulation, order and requirement of any governmental authority relating to the Leased Premises, and will hold and save liabilities, including but not limited to consequential damages, for the breach thereof or failure to comply therewith. 9. Standard of Performance and Compliance with Applicable Laws Company warrants and represents that it possesses the special skill and professional competence, expertise and experience to undertake the obligations imposed by this Agreement. Company agrees to perform in a diligent, efficient, competent and skillful manner commensurate with the highest standards of the profession, and to otherwise perform as is necessary to undertake the Services required by this Agreement. Company warrants and represents that it will, at all times, observe and comply with Page 4 of 10 all federal, state, local and municipal ordinances, rules, regulations, relating to the provision of the Services to be provided by Company hereunder or which in any manner affect this Agreement. Company shall not obstruct or interfere with the rights of other tenants of the County, or injure or annoy them, or permit anything to be done which will in any way increase the rate of fire insurance or liability insurance on the Leased Premises or contents, and in the event that, by reason of acts of Company, there is any increase in rate of such insurance on the Premises or contents, created by Company's acts or conduct of its business, then Company hereby agrees to pay such increase. It is further agreed that Company shall use the Premises solely for the purpose specified in paragraph three of this Agreement. Company, at its expense, shall procure any and all governmental licenses and permits required for the conduct of Company's business on the Leased Premises and shall at all times comply with the requirement of each such license and permit. The County is not required, and does not represent or warrant that it will obtain or endeavor to obtain for Company any license or permit. 10.Insurance At all times during the term of this Agreement, Company shall maintain a policy of general commercial liability insurance with limits of liability of five million dollars ($5,000,000). Company shall name the County as an additional insured on this policy and shall provide a certificate of insurance to the County. At all times during the term of this Agreement, Company shall maintain a policy of workers' compensation insurance, with limits of liability as required by the Workers' Compensation Commission of Virginia. 11. Relationship of the Parties Independent Contractors Nothing contained herein shall be deemed to create any relationship other than that of Company as an independent contractor with the County. This Agreement shall not constitute, create, or otherwise imply an employment, joint venture, partnership, agency or similar arrangement between the County and Company. It is expressly agreed that Company is acting as an independent contractor and not as an employee of the County in providing the Services under this Agreement. Employee Benefits Company shall not be eligible for any benefit available to employees of the County including, but not limited to, workers' compensation insurance, state disability insurance, unemployment insurance, group health and life insurance, vacation pay, sick pay, severance pay, bonus plans, pension plans, or savings plans. Payroll Taxes Company shall be responsible for all FICA, federal and state withholding taxes and workers' compensation coverage for any individuals assigned to perform the Services in furtherance of this Agreement. Page 5 of 10 12. Indemnification Company agrees to defend, indemnify and hold harmless the County, its governing body, officers, employees, officials and agents, from and against any and all claims, losses, liabilities or expenses (including, without limitation, attorneys' fees) which may arise, in whole or in part, out of a breach by Company of its obligations under this Agreement and as a result of any physical damage to person or property as a result of the Services provided by Company herein. The County shall have no liability over any event or injury that may occur as a result of any person's use of Company's Services or associated equipment which is acknowledged by Company as an assumption of risk on behalf of itself and acceptance of all responsibility therefor. The County further disclaims all liability associated with the Services provided herein as a result of the use of Explore Park, or the County's property, and make no warranties as to the safety of Explore Park for conduct of said Services. Company acknowledges its responsibility to ensure the safety of all persons utilizing its Services. 13. Force Maieure Neither party shall be liable for any delay or failure to perform its obligations (other than a failure to comply with payment obligations) hereunder if such delay or failure is caused by an unforeseeable event beyond the reasonable control of a party, including without limitation: act of God; fire; flood; earthquake; labor strike; sabotage; fiber cut; embargoes; power failure, e.g., rolling blackouts, electrical surges or current fluctuations; lightning; supplier's failures; act or omissions of telecommunications common carriers; material shortages or unavailability or other delay in delivery; lack of or delay in transportation; government codes, ordinances, laws, rules, regulations or restrictions; war or civil disorder, or act of terrorism. 14. Assignment Company shall not assign this Agreement without the prior express written consent of the County. Any attempted assignment by Company without the prior express written approval of the County shall at the County's sole option terminate this Agreement without any notice to Company of such termination. 15. Waiver of Breach The waiver by either party of a breach or violation of any provision of this Agreement shall not operate or be construed to constitute a waiver of any subsequent breach or violation of the same or other provision thereof. 16. Governing Law This Agreement shall be construed and governed by the laws of the Commonwealth of Virginia, without giving effect to the principles of conflicts of laws. The venue for any disputes arising out of this Agreement shall be the Circuit Court for Roanoke County or in the United States Federal District Court for the Western District of Virginia, Roanoke Division. Page 6 of 10 17. Severability If any provision of this Agreement is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the Agreement, which shall remain in full force and effect, and enforceable in accordance with its terms. 18. Notices All required notices or other communications required or permitted under the terms of this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally in hand, or when mailed by certified or registered mail, return receipt requested with proper postage prepaid, addressed to the appropriate party at the following address: County of Roanoke Director, Parks Recreation & Tourism 1206 Kessler Mill Road Salem, VA 24153 19. Entire Agreement Treetop Quest Roanoke, LLC 1351 Oakbrook Drive, Suite 105 Norcross, GA 30093 This Agreement which includes the exhibits hereto contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior discussions, representations and understandings, whether oral or written. Roanoke County Board of Supervisors County Administrator Page 7 of 10 Treetop Quest Roanoke, LLC President/CEO EXHIBIT A SCOPE OF SERVICES Treetop Quest, Inc. ("Company") shall provide the following Services under its obligations to the County in the Agreement: Company shall construct all trails necessary for connecting the entrances to each aerial adventure course. All trails must be constructed and maintained in accordance with County trail standards as established by the County's Department of Parks Recreation & Tourism. Company shall construct, install, and maintain all aerial adventure facilities and infrastructure and supporting operational facilities. The aerial adventure features shall be inspected daily and audited no less than once a year by the Association of Challenge Course Technology (ACCT).All inspection reports and documents will be kept on the premises. Company shall ensure an annual arborist inspection of the trees within the aerial adventure course. Company shall construct four play levels within the aerial adventure course. Company shall construct a Treetop Spider Quest attraction by year 3 of the initial term of this Agreement. Company shall construct a Treetop Canopy Walk by year 5 of the initial term of this Agreement. Company will operate Treetop Quest from March through December annually. Company will use its continuous belay system in the aerial adventure course in a manner that users are tethered at all times to the fixtures on the course. Company shall secure the Leased Premises daily by removing access ladders and steps to the platforms for the aerial adventure. Company shall post appropriate cautionary signs regarding unauthorized access during non -business hours. Company has the option to offer a retail program with the aerial adventure course. This includes Company -branded apparel and products and pre-packaged food and beverage items. Company will submit a retail list of proposed products and pricing prior to the start of each operating season for approval. The County reserves the right to require amendments to proposed products and pricing should either be inconsistent with local, state or federal laws. Company has the first right of refusal for Segway tours during the initial 7 -year term of this contract. Page 8 of 10 Company acknowledges that Explore Park is an important component of the County's economy and positive customer service experience is critical to the success of Explore Park. Accordingly, Company will act in good faith to be attentive and resolve customer complaints in a timely manner. All Company employees shall successfully pass a criminal background check. Company will implement a training program for employees regarding the operations of the aerial adventure course as well as the policies and rules at Explore Park. All Company employees shall successfully pass a background screening. Explore Park is a drug and alcohol free facility for all employees and contractors. Company will work collaboratively with the County to be open beyond usual operating hours during large regional special events. The County shall give Company no less than thirty days' notice of any regional special events for which the County would require Company to extend its usual operating hours. Company shall collaborate with the County and a third party vendor to be selected by the County to design and develop a zip line system across the Roanoke River during the initial term of this Agreement. Should Company elect not to build this component, the County has the option after the initial term of this Agreement to negotiate with another vendor to provide the river -crossing aerial adventure component. Page 9 of 10 EXHIBIT B FEE STRUCTURE The following terms shall govern payment of rent, fees, and collection of taxes by Treetop Quest, Inc. ("Company") to the County of Roanoke in exchange for use of the Leased Premises: 1. Company shall pay the County 5% of C om p any' s annual gross profits from its operations at Explore Park, with a minimum guarantee of $25,000 to be paid annually to County beginning in year two of this Agreement. Thereafter, in years three through seven of this Agreement, and during any renewal terms, the minimum guaranteed payment to County shall be $30,000. 2. The rent owed by Company, as described herein, shall be due and owing to the County no later than July 30, 2019, and continuing each year during the term of this Agreement. 3. Company shall apply for and at all times during the course of this Agreement, shall maintain a business license, as issued by the Roanoke County Commissioner of the Revenue. 4. Company shall remit to the Roanoke County Commissioner of Revenue or Roanoke County Treasurer all applicable Business, Professional and Occupational License taxes, business personal property taxes, and other applicable taxes as mandated by Title 58.1 of the Code of Virginia during the term of this Agreement. 5. Company shall collect from customers and remit all applicable sales taxes to the Roanoke County Commissioner of the Revenue at all times during the term of this Agreement. 6. In administering this Agreement, the County Finance director may request that Company provide reports and sufficient data regarding revenue to determine whether Company is complying with terms of the revenue-sharing agreement. In the event County Finance director requests reports or other documents to conduct such an audit, such information shall be produced by Company in a reasonable time, not to exceed thirty days from the date of the request. Page 10 of 10 M AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 27, 2018 ORDINANCE APPROVING A LEASE WITH TREETOP QUEST ROANOKE, LLC TO PROVIDE AERIAL ADVENTURE COURSE IN EXPLORE PARK WHEREAS, the County is the Lessee of a ninety-nine year lease for Explore Park, property owned by the Virginia Recreational Facilities Authority ("VRFA"), a political subdivision of the Commonwealth of Virginia; and WHEREAS, the purpose of the lease between the County and the VRFA is for the County to provide and promote a high quality recreational attraction in the western part of the Commonwealth; expand the historical knowledge of adults and children; promote tourism and economic development in the Commonwealth; set aside and conserve scenic and natural areas along the Roanoke River; preserve open -space land; and enhance and expand research and educational programs; and WHEREAS, the Roanoke County Department of Parks, Recreation & Tourism ("PRT") has devised a master plan ("Adventure Plan") for the land leased by the County in Explore Park to achieve the purpose of the County / VRFA Lease; and WHEREAS, the Adventure Plan calls for design and implementation of various outdoor recreation activities, including different types of recreation activities; and WHEREAS, the County has solicited and negotiated contracts with various vendors for ground leases and event contracts to implement the Adventure Plan; and WHEREAS, Treetop Quest, Roanoke LLC ("Treetop Quest"), was the responsive bidder for the County's RFP for, among other things, providing an aerial adventure course for visitors to Explore Park; and Page 1 of 3 WHEREAS, the County has agreed to lease portions of Explore Park to Treetop Quest, so that the company may provide quality aerial adventure and retail services to visitors of Explore Park; and WHEREAS, such a lease will provide tangible and intangible benefits to the County in the form of revenue and economic development. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Sections 2.01 and 2.03 of the Charter of Roanoke County, the County is authorized to acquire property, including the lease of real estate; and, 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, the acquisition of any interest in real estate shall be accomplished by ordinance, the first reading of this ordinance was held on March 13, 2018, and the second reading of this ordinance was held on March 27, 2018. 3. That the execution of a Lease Agreement ("Agreement") with Treetop Quest to lease certain parcels of land in Explore Park is authorized. 4. That the lease term shall commence on April 1, 2018, and continue for a period of seven (7) years, with the option to renew for two (2) additional successive three (3) -year periods, upon the same terms and conditions contained in the Agreement, unless terminated as provided in the Agreement. 5. That the base rent shall be five percent (5%) of Treetop Quest's gross revenue derived from its services at Explore Park, annually, during the term of the Page 2of3 Agreement, with a minimum guarantee of $25,000 annually in year two (2) of the Agreement. 6. That the County Administrator, or an Assistant County Administrator, is authorized to execute such documents and take such actions on behalf of the Board of Supervisors in this matter as are necessary to accomplish the lease of this property, all of which shall be approved as to form by the County Attorney. 7. That this ordinance shall be effective on and from the date of its adoption. 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H.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: March 27, 2018 Appointments to Committees, Commissions and Boards Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator All open district appointments BACKGROUND: 1. Budget and Fiscal Affairs Committee (BFAC) (appointed by District) The following District appointments remain open: Cave Spring Magisterial District Vinton Magisterial District 2. Economic Development Authority (EDA) (appointed by District) Billy H. Branch, representing the Cave Spring Magisterial District has resigned. His four-year unexpired term ended September 26, 2017. The following four-year term expired on September 26, 2017: a) Steve Anderson, representing the Cave Spring Magisterial District is eligible for reappointment 3. Library Board (appointed by District) The following four-year term expired on December 31, 2016: Page 1 of 2 a) Heather Lawrence, representing the Vinton Magisterial District FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 27, 2018 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 March 27, 2018, 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 3 inclusive, as follows: 1. Approval of minutes — January 27, 2018 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Gary L. Creasy, Recreation Program Manager, upon his retirement after more than forty (40) years of service 3. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Eric "Steve" Wilson, Welding Shop Foreman, upon his retirement after twenty-one (21) years of service Page 1 of 1 ACTION NO. ITEM NO. 1.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: March 27, 2018 Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Gary L. Creasy, Recreation Program Manager, upon his retirement after more than forty (40) years of service Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator Recognition of the retirement of Gary L. Creasy BACKGROUND: Gary L. Creasy, Recreation Program Manager, retired on March 1, 2018, after forty years and six months of service with Roanoke County's Parks, Recreation and Tourism Department. Mr. Creasy is unable to attend today's meeting and his quilt and resolution will be mailed to his home. DISCUSSION: There is no discussion associated with this agenda item. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends adoption of the attached 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, MARCH 27, 2018 and RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO GARY L. CREASY, RECREATION PROGRAM MANAGER, UPON HIS RETIREMENT AFTER FORTY (40) YEARS OF SERVICE WHEREAS, Mr. Creasy was employed by Roanoke County on September 19,1977-1 WHEREAS, Mr. Creasy retired on March 1, 2018, after forty years and six months of devoted, faithful and expert service to Roanoke County; and WHEREAS, during Mr. Creasy's tenure with the Parks, Recreation and Tourism Department, he has served as a Recreation Program Manager and Recreation Supervisor and served with professionalism and dedication in providing services to the citizens of Roanoke County; WHEREAS, Mr. Creasy was instrumental in the development and success of Roanoke County's robust youth and adult athletic team sports leagues, classes and programs enjoyed thousands of citizens each year; and WHEREAS, Mr. Creasy administered Roanoke County's sports marketing initiatives including the development of Burton Sports Complex into Roanoke County's premier sports tournament site and recruiting over 20,000 teams to the Roanoke Valley while serving on the Roanoke Valley Convention and Visitors Bureau Sports Marketing Committee. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to GARY L. CREASY for more than forty years of capable, loyal and dedicated service to Roanoke County; and Page 1 of 2 FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 2 of 2 ACTION NO. ITEM NO. 1.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: March 27, 2018 Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Eric "Steve" Wilson, Welding Shop Foreman, upon his retirement after more than twenty-one (21) years of service Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator Recognition of the retirement of Eric "Steve" Wilson BACKGROUND: Eric "Steve" Wilson, Welding Shop Foreman, retired on February 1, 2018, after twenty- one years and five months of service with Roanoke County's General Services Department. Mr. Wilson is unable to attend today's meeting and his quilt and resolution will be mailed to his home. DISCUSSION: There is no discussion associated with this agenda item. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends adoption of the attached 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, MARCH 27, 2018 and RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO ERIC "STEVE" WILSON, WELDING SHOP FOREMAN, UPON HIS RETIREMENTAFTERTWENTY- ONE (21) YEARS OF SERVICE WHEREAS, Mr. Wilson was employed by Roanoke County on September 16,1996-1 WHEREAS, Mr. Wilson retired on February 1, 2018, after twenty-one years and five months of devoted, faithful and expert service to Roanoke County; and WHEREAS, during Mr. Wilson's tenure with the General Services' Department, he has served as a Welding Shop Foreman, Equipment Mechanic and Equipment Technician and served with professionalism and dedication in providing services to the citizens of Roanoke County; WHEREAS, Mr. Wilson performed or oversaw all work related to welding, fabrication, and small engine maintenance and repair for County Departments in an exceptional manner that maximized equipment service life. WHEREAS, Mr. Wilson eliminated the outsourcing of all solid waste equipment body and hydraulic work and proactively sought opportunities to reduce or eliminate costs using his skills. He took great pride in the quality of his work and contributions to the County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to ERIC "STEVE" WILSON for more than twenty-one years of capable, loyal and dedicated service to Roanoke County; and Page 1 of 2 FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 2 of 2 Q) .�d 0 c 0 � 0 � � � 0 U Q) � Q) Q) w 3 . v � c m � � Q) to c � 0 U � 0 m � u c m 2 -0 Q) m CL 0 CL CL 2 � 00 0 N P� 0 J_ 2 � MA LL rq rq cm cm o u 0 � A . 7 Ln 00 m cr m 0 ° c� % r- % g M c 0 0 0 C � 7 E / § I m 0 u » )» n 0 . 2 » > k q 2 2 cm q % \ m r- 0 .2U L % § e cm 0 Ln CL ca � c k \ _ / \ u / % / % � q % » % \ \ \ Ln / » ) kk / ƒ ( } ( 9 E 9 ƒ f 2 & 2 I rq % g < g # 0 \ % u \ to Ln 2 % — % / 00 2 0 7 % $ 7 r 2 rq q ) \ \ C:\ _2 \ \ 0 \ ) ) 2 » & » k § � § $ N \ \ N \ { \ @ & / @ & % / ry) ^ COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Audited Outstanding June 30, 2017 Additions Deletions General Obligation Bonds $ 3,640,935 $ - VPSA School Bonds 86,990,706 Lease Revenue Bonds 78,410,705 6,440,000 Outstanding March 27, 2018 $ 3,640,935 8,107,624 78,883,082 3,005,000 81,845,705 $ 169,042,346 $ 6,440,000 $ 11,112,624 - $ 164,369,722 Submitted By Rebecca E. 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M N O Cl NcliOm 0000 80 m to N A y M(DN pp mOOm (�o 0 0 0 E Mfg (n M000 C4 ON ILLI iD p (0 0 0 0 000 CO Orn N � O � � rn � X000 �N a1j C7 C'o LO CO Kn LO W m fl. W yy ccq LO �nm Domm rp ^n c`~•i 1410 H N (D r (D N O ww C� Iq kc v C p m cco Co II) n m � m p N M -;tA r- ll7 O . CD P G M N r9 IlD � d U x U W W NOrn000N CI �O A N 00000 (D r- N (D 00MOO(Orn n N CO M LO (!') MN0 M A m� p CD A m M (O m (O j O -- N L '1, r N co M t Lo _ m � T - 0 0 0 0 0 0(y o o N co co x0000 C? m� {ry p L6 (D O co O O (o 0 ri vi C W m E+ x W 6 I.rj �m�000O IA Cy (D O O N {D N � r r C N N m (n n (O (O N 47 CO r+ N M {y ({7 Q U r ww 4a Ci? ON O(D f� M w r(O A C7 {d 00 (OOMm C 00 mm W :0 (('_ O M O N m N M� C m� � U.)R t0 m N (D (f) (D N r: m (f) f- m co ILS -M A O Om-LO0 U' 00 4 41 CO N sh O M A A r N {vl a a � a f lu N a) 0 3 3 E = C f W 00 0 T T f 0 con �c E .0 m wtf U a a F H O E °U ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: March 27, 2018 Accounts Paid- February 2018 Rebecca E. Owens Director of Finance Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors Payroll 02/09/18 Payroll 02/23/18 Manual Checks Grand Total Direct Deposit 1,449,072.04 1,329,894.46 Checks Total $ - $ 6,630,173.76 44,045.41 1,493,117.45 39,624.36 1,369,518.82 5,619.08 5,619.08 $ 9,498,429.11 A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: March 27, 2018 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of 31 -Jan -18 SUMMARY OF INFORMATION: CASHINVESTMENT: SUNTRUST CON 4,270,303.67 4,270,303.67 CrZsPA=1N �il�►�� SCOTT STRINGFELLOW CONTRA (327,808.00) SCOTT STRINGFELLOW 54,005,842.07 WELLS FARGO 12,000,000.00 WELLS FARGO CONTRA (145,490.00) 65,532,544.07 LOCAL GOVT INVESTMENT POOL: 7,795,579.83 GENERAL OPERATION 8,328,126.47 8,328,126.47 MONEY MARKET: AMERICAN NATIONAL BANK 2,517,216.04 BRANCH BANKING & TRUST 1,094,424.36 HOMETRUST BANK 2,507,955.60 SCOTT STRINGFELLOW - JAIL 1,116,481.28 SCOTT STRINGFELLOW 7,795,579.83 UNION FIRST 1,087,925.69 VALLEY BANK/BNC 2,537,941.39 WELLS FARGO 2,399,396.65 21,056,920.84 TOTAL 99,187,895.05 03/27/2018 ACTION NO. ITEM NO. L.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: March 27, 2018 Work session to review with the Board of Supervisors Total Compensation and outside agencies as part of the County Administrator's Proposed Fiscal Year 2018-2019 Operating Budget Christopher R. Bever Director of Management and Budget APPROVED BY: Thomas C. Gates County Administrator ISSUE: Review employee compensation and benefits included in the County Administrator's proposed fiscal year 2018-2019 operating budget with the Board of Supervisors. Proposed outside agency funding will also be reviewed at the work session. BACKGROUND: As part of the annual budget development process, County staff conducts a series of work sessions with the Board of Supervisors after the County Administrator proposes his budget. This year's operating budget was proposed on March 13, 2018. This work session is the first of three scheduled work sessions before first reading to adopt the budget on May 8, 2018. Second and final reading is scheduled for May 22, 2018. DISCUSSION: This work session will provide information to the Board of Supervisors regarding employee compensation and benefits, and outside agency funding as part of the County Administrator's proposed fiscal year 2018-2019 operating budget. The attached Power Point presentation will be shown. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact associated with the receipt of the attached presentation. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors receive information regarding employee compensation and benefits, and outside agency funding as part of the proposed fiscal year 2018-2019 operating budget. 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M.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: March 27, 2018 Public hearing for citizen comments on the effective Real Estate Tax Rate for calendar year 2018 Christopher R. Bever Director of Management and Budget Thomas C. Gates County Administrator Conduct a public hearing for citizen comment on the Real Estate effective tax rate for calendar year 2018. BACKGROUND: Per the Code of Virginia, 58.1-3321, when any annual reassessment (in the County of Roanoke) of real property would result " ... in an increase of one percent or more in the total real property tax levies..." excluding new construction, a calculation known as the "effective tax rate increase" is required to be completed. The County of Roanoke's real property assessments, excluding new construction, increased by 1.8% over the previous year. Therefore, per State Code, the County must calculate the effective tax rate increase, advertise the effective tax rate increase, and conduct a public hearing pertaining to the effective tax rate increase. The Code of Virginia requires specific language to be included in the advertisement of the effective tax rate. The advertisement, published in the Roanoke Times on March 6, 2018, contained the following language: "The County of Roanoke, Virginia proposes to increase property tax levies. 1. Assessment Increase: Total assessed value of real property, excluding additional assessments due to new construction or improvements to property, exceeds last Page 1 of 3 year's total assessed value of real property by 1.8 percent. 2. Lowered Rate Necessary to Offset Increased Assessment: The tax rate which would levy the same amount of real estate tax as last year, when multiplied by the new total assessed value of real estate with the exclusions mentioned above would be $1.071 per $100 of assessed value. This rate will be known as the "lowered tax rate". 3. Effective Rate Increase: The County of Roanoke proposes to adopt a tax rate of $1.09 per $100 of assessed value, which is no change over the current tax rate. The difference between the lowered tax rate and the proposed rate would be approximately $0.019 per $100, or 1.8 percent. This difference will be known as the "effective tax rate increase". Individual property taxes may, however, increase at a percentage greater than or less than the above percentage. 4. Proposed General Government Total Budget Increase: Based on the proposed real property tax rate and changes in other revenue, the total General Government budget of the County of Roanoke is estimated to exceed last year's by 2.1 percent. A public hearing on the increase will be held on the 27th day of March, 2018 at the Roanoke County Administration Center located at 5204 Bernard Drive, Roanoke, Virginia 24018, at 7:00 p.m. or as soon thereafter as the matter may be heard." After conducting this public hearing, the Board of Supervisors, should it choose, may elect to keep the Real Estate Tax rate the same as the prior year or make adjustments to the Real Estate tax rate. DISCUSSION: The public hearing scheduled for March 27, 2018, is to receive written and oral comments on the Real Estate effective tax rate as defined by the Code of Virginia for calendar year 2018. The public hearing was advertised in the Roanoke Times on March 6, 2018, thereby satisfying State code requirements for public notice. FISCAL IMPACT: There is no fiscal impact associated with this public hearing. Page 2 of 3 STAFF RECOMMENDATION: Staff recommends conducting the public hearing to receive citizen comments on the Real Estate effective tax rate for calendar year 2018. Page 3 of 3 ACTION NO. ITEM NO. N.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: March 27, 2018 Public hearing for citizen comments on the maximum 2018 calendar year tax rates for Real Estate, Personal Property, and Machinery and Tools Taxes Christopher R. Bever Director of Management and Budget Thomas C. Gates County Administrator Conduct a public hearing for citizen comment on the maximum 2018 calendar year tax rates. BACKGROUND: In advance of considering resolutions to set maximum 2018 calendar year tax rates, the Board of Supervisors holds a public hearing to receive citizen comments regarding the maximum tax rates. DISCUSSION: The public hearing scheduled for March 27, 2018, is to receive written and oral comments on setting the maximum tax rates for calendar year 2018 to support the fiscal year 2018-2019 operating budget. The public hearing was advertised in the Roanoke Times on March 14, 2018 and March 21, 2018, thereby satisfying State code requirements for public notice. FISCAL IMPACT: There is no fiscal impact associated with this public hearing. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends conducting the public hearing to receive citizen comments on the maximum 2018 calendar year tax rates. Page 2 of 2 ACTION NO. ITEM NO. N.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: March 27, 2018 Resolutions to set the following maximum tax rates for calendar year 2018 to support the fiscal year 2018-2019 operating budget: (a) Resolution to set the Real Estate maximum tax rate for calendar year 2018; (b) Resolution to set the Personal Property maximum tax rate for calendar year 2018; and (c) Resolution to set the Machinery and Tools maximum tax rate for calendar year 2018 Christopher R. Bever Director of Management and Budget Thomas C. Gates County Administrator Request for the Board of Supervisors to approve resolutions setting maximum tax rates for calendar year 2018 in support of the fiscal year 2018-2019 operating budget. BACKGROUND: Approval of these resolutions represents a change in setting tax rates that began as part of the fiscal year 2016-2017 operating budget development process. Prior to fiscal year 2016-2017, maximum tax rates were adopted by the Board of Supervisors simultaneous to final adoption of tax rates. Beginning with the fiscal year 2016-2017 budget development process, maximum tax rates were set by resolution at the meeting preceding the adoption of the tax rates. DISCUSSION: These resolutions will set maximum tax rates for Real Estate, Personal Property, and Machinery and Tools Taxes in advance of formal adoption of calendar year 2018 tax rates. Formal adoption of the tax rates is scheduled on April 10, 2018, and will be preceded by a public hearing. Page 1 of 2 The fiscal year 2018-2019 proposed operating budget assumes the same tax rates as the current year operating budget. For reference, the adopted tax rates for calendar year 2017 along with the value of a penny change on each of the tax rates are as follows.. Tax Rate Description 2017 Calendar Year Tax Rate Value of a Penny on Tax Rate Real Estate Tax Rate $1.09 per $100 Assessed Value $845,000 Personal Property Tax Rate $3.50 per $100 Assessed Value $88,300 including Business Personal Property Tax Machinery and Tools Tax $2.85 per $100 Assessed Value $9,300 The adoption of these resolutions was preceded by a public hearing on March 27, 2018, to receive written and oral comments on setting the maximum tax rates for calendar year 2018. The public hearing on the maximum tax rates was advertised on March 14 and March 21, 2018, in the Roanoke Times, thereby satisfying State code requirements for public notice. FISCAL IMPACT: There is no immediate fiscal impact with setting the maximum calendar year 2018 tax rates. Any potential fiscal impact will be determined when the Board of Supervisors adopts calendar year 2018 tax rates on April 10, 2018. If the Board of Supervisors were to set maximum tax rates lower than current rates, there would be a loss of revenue in the current fiscal year and next fiscal year. For example, a penny change in the Real Estate tax rate would yield approximately $422,500 less in current year tax revenues in the County's General Government Fund. There would be no immediate impact to Roanoke County Public Schools (RCPS) revenue. In fiscal year 2018-2019, a penny change in the tax rate would impact both County and RCPS available revenue. As the County Administrator's proposed budget is balanced on maintaining the current Real Estate tax rate at $1.09 per $100 of assessed value, a reduction in the Real Estate Tax rate would also require a reduction in General Government expenditures as detailed in the County Administrator's proposed fiscal year 2018-2019 operating budget. STAFF RECOMMENDATION: Staff recommends the Board of Supervisors set maximum tax rates for calendar year 2018, with adoption of calendar year 2018 tax rates scheduled for April 10, 2018. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 27, 2018 RESOLUTION TO SET THE REAL ESTATE MAXIMUM TAX RATE FOR CALENDAR YEAR 2018 WHEREAS, the Roanoke County Board of Supervisors of Roanoke Virginia will set maximum tax rates for calendar year 2018 to support the fiscal year 2018-2019 operating budget; and WHEREAS, a public hearing for citizen comments on setting maximum tax rates was held on March 27, 2018, at a regular meeting of the Board of Supervisors of Roanoke County Virginia; and WHEREAS, the Roanoke County Board of Supervisors will adopt final 2018 calendar year tax rates on April 10, 2018, following a public hearing for citizen comments; NOW, THEREFORE, BE IT RESOLVED by the Roanoke County Board of Supervisors of Roanoke Virginia, set the following Real Estate maximum tax rate for calendar year 2018: (A) The Real Estate Tax for calendar year 2018 is set at a rate of not more than $ per $100 of assessed valuation. 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, MARCH 27, 2018 RESOLUTION TO SET THE PERSONAL PROPERTY MAXIMUM TAX RATE FOR CALENDAR YEAR 2018 WHEREAS, the Roanoke County Board of Supervisors of Roanoke Virginia will set maximum tax rates for calendar year 2018 to support the fiscal year 2018-2019 operating budget; and WHEREAS, a public hearing for citizen comments on setting maximum tax rates was held on March 27, 2018, at a regular meeting of the Board of Supervisors of Roanoke County Virginia; and WHEREAS, the Roanoke County Board of Supervisors will adopt final 2018 calendar year tax rates on April 10, 2018, following a public hearing for citizen comments; NOW, THEREFORE, BE IT RESOLVED by the Roanoke County Board of Supervisors of Roanoke Virginia, set the following Personal Property maximum tax rate for calendar year 2018: (A) The Personal Property Tax for calendar year 2018 is set at a rate of not more than $ per $100 of assessed valuation. 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, MARCH 27, 2018 RESOLUTION TO SET THE MACHINERY AND TOOLS MAXIMUM TAX RATE FOR CALENDAR YEAR 2018 WHEREAS, the Roanoke County Board of Supervisors of Roanoke Virginia will set maximum tax rates for calendar year 2018 to support the fiscal year 2018-2019 operating budget; and WHEREAS, a public hearing for citizen comments on setting maximum tax rates was held on March 27, 2018, at a regular meeting of the Board of Supervisors of Roanoke County Virginia; and WHEREAS, the Roanoke County Board of Supervisors will adopt final 2018 calendar year tax rates on April 10, 2018, following a public hearing for citizen comments; NOW, THEREFORE, BE IT RESOLVED by the Roanoke County Board of Supervisors of Roanoke Virginia, set the following Machinery and Tools maximum tax rate for calendar year 2018: (A) The Machinery and Tools Tax for calendar year 2018 is set at a rate of not more than $ per $100 of assessed valuation. Page 1 of 1 ACTION NO. ITEM NO. 0.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: March 27, 2018 The petition of Diana England to obtain a Special Use Permit in a R-1, Low Density Residential, District to obtain a multiple dog permit for seven (7) dogs on 1.18 acres, located at 4579 Layman Road, Vinton Magisterial District Philip Thompson Deputy Director of Planning Thomas C. Gates County Administrator Agenda item for public hearing and second reading of ordinances on an application for a special use permit for a multiple dog permit. BACKGROUND: A multiple dog permit requires a special use permit in an R-1, Low Density Residential, District on properties less than five (5) acres. Ms. England called Animal Control regarding a stray dog in the neighborhood and when the officer arrived he informed her that she needed a multiple dog permit for her seven (7) animals. Ms. England immediately began the process towards obtaining a special use permit. DISCUSSION: The Planning Commission held a public hearing on this request on March 6, 2018. No citizens spoke during the public hearing. Staff and the applicant clarified the layout of the property and the separation from adjacent neighbors, support from adjacent neighbors, and how the applicant came to have seven dogs through a variety of rescue situations and the applicant's previous employment at a vet clinic. Page 1 of 2 The Planning Commission recommends approval of the special use permit for a multiple dog permit with the following condition: 1. The maximum number of dogs shall be limited to seven. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board approve the second reading of the ordinance to approve a special use permit for a multiple dog permit with one condition. Page 2 of 2 STAFF REPORT Petitioner: Diana England Request: Special Use Permit for Multiple Dog Permit on 1.18 acres in R-1, Low Density Residential District Location: 4579 Layman Road Magisterial District: Vinton Conditions: 1. The maximum number of dogs shall be limited to seven. EXECUTIVE SUMMARY: Diana England is requesting a Special Use Permit for a Multiple Dog Permit on less than 5 acres in R-1, Low Density Residential District. The applicant currently has seven dogs. The 2005 Comprehensive Plan indicates that the Future Land Use Designation of these parcels is Neighborhood Conservation. Neighborhood Conservation is a future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. APPLICABLE REGULATIONS Roanoke County Zoning Ordinance Sec. 30-82-4. Multiple Dog Permit. (A) General standards: Minimum lot size: One (1) acre. 2. A multiple dog permit shall be permitted only when accessory to a single-family dwelling. 3. Exterior runs, pens and other confined areas designed to house four (4) or more animals shall be set back at least twenty-five (25) feet from any property line. For the purposes of this section, perimeter fencing of a yard shall not be considered a confined area. 4. A special use permit shall be required on lots less than five (5) acres in an R-1 or R-2 zoning district. Roanoke County Virginia Code of Ordinances: Chapter 5 -Animals and Fowl Sec. 5-23 to 5-27 (See attached) 2. ANALYSIS OF EXISTING CONDITIONS Background — Ms. England has had the dogs for several years without issue, and the dogs are up to date on all shots and well -cared for per her veterinarian (see attached letter of reference.) Ms. England contacted Animal Control in December regarding a stray dog in the neighborhood and at that time she was instructed that keeping seven dogs required a Multiple Dog Permit. She immediately began the process of obtaining the Multiple Dog Permit. 4. Topography/Vegetation — The property is heavily wooded to the east, west, and south. There is a steep difference in terrain to the north between this house and the adjacent church parking lot and they are divided by the driveway and heavy vegetation. Surrounding Neighborhood —The subject parcel is bordered by a church to the north, two single family residences to the west, a vacant parcel with significant floodplain to the east across Layman Road, and railroad track to the south. Steep topography isolates the house from the surrounding road, railroad track, and church. The only direct neighbors are 4751 Phyllis Road and 4752 Phyllis Road, both of whom signed a letter of support for this petition (see attached.) ANALYSIS OF PROPOSED DEVELOPMENT Site Lavout/Architecture — There is an existing fenced area of about 6000 sq. ft. for the dogs as shown on the attached site plan. The limits of the fenced area are approximately 30' from the property line at the closest point and are heavily wooded on all sides. Access/Traffic Circulation — VDOT had no comments on the petition. Animal Control- Animal Control stated that they have no known issues with the petitioner other than the stray dog call. Screening & Buffering — The property is heavily wooded where it borders adjacent residential property. The fenced area for the dogs is screened by heavy vegetation. CONFORMANCE WITH ROANOKE COUNTY COMPREHENSIVE PLAN The 2005 Comprehensive Plan indicates that the Future Land Use Designation of these parcels is Neighborhood Conservation. Neighborhood Conservation is a future land use area of established single- family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. STAFF CONCLUSIONS Diana England is requesting a Special Use Permit for a Multiple Dog Permit on less than 5 acres in R-1, Low Density Residential District to allow her to house her seven dogs. She has had the dogs for many years without any complaint from neighbors. This request is the result of her call to Animal Control to report a stray dog, at which time she was informed that she needed a Multiple Dog Permit for her animals. The dogs are well cared for and in good condition per her veterinarian recommendation. She has also provided letters of support from several neighbors. The proposed Multiple Dog Permit is in conformance with the goals and objectives of the Neighborhood Conservation Designation and there appears to be no negative impact associated with this request. CASE NUMBER: PREPARED BY: HEARING DATES ATTACHMENTS: 2-312018 Tara Pattisall PC: 316118 Application Materials Aerial Photograph Zoning Map Future Land Use Map BOS: 3127118 2 R-1 Zoning District Regulations Roanoke County Code of Ordinances Chapter 5 -Animals and Fowl Countv of Roanoke f , „ - .. , For Staff Use Only T2 - 17 6 -5 i 0 9. Community Development Date receive : I Received by: Planning & Zoning IT Applicatio fee: , c. PUBAA date: 5204 Bernard Drive P Q Box 29800 Placards issued: BOS date: Roanoke, VA 24018 �. (540) 772-2068 FAX (540) 776-7155 Case Number ALL:AI?PLICANTS _ Check type of application filed (check all that apply) ❑ Rezoning L�3'Special Use ❑ Variance ❑ Waiver ❑ Administrative Appeal El Comp Plan (1.5.2-2232) Review Applicants name/address w/zip Phone: �� ► la G `U)1A*AA t-qtlLW6 -kL� Work: Lk -J -q U"Ou1AO Cell #: Fax No.. Owner's name/address w/zip Phone #: Work: Fax No. #: Property Location Magisterial Distract: `� I ��,,, jj L1 5-1 1 L��"l IAA t�D Community Planning area: Tax Map No.: &L4 0 I —6 — Q �-- 0 U O 0 Existing Zonin g g � Size ofparceI(s): Acres: ► to e�-1 Ittt Existing Land Use: REZONING, SPECIAL USE PERMIT Kff VER BIND COMPPLAN(rs2-2232) IREYIEW APPLICANTS (,R/S1W/CP) Proposed Zoning: I Proposed Land Use: 04 M L -T l ELS- 1)0 PMI -01 O hl t AM -4 -f -S 12 i Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes P-, No ❑ IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes V-' No ❑ IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes ❑ No ❑ , .YARIANCE; WArVERAN]) ADi�INISMTIYEAPPEAI APPZI'CANTS" (00A) ; Variance/Waiver of Section(s) of the Roanoke County Zoning ante in Ar to: Appeal of Zoning Administrator's decision to cm Appeal of Interpretation of Section(s): of the Roanoke County zoning OrdinHe Appeal of Interpretation of Zoning Map to Ts the annliration rmmnlPtP7 Please check if enclnsed. APPI. CATTON WILL NOT BF PTSD IF A ... . ...._A . . . ITEMS ARE MISSING OR INCOMPLETE. PJS/W/CP VIAA RISMCP WAA Consultation 81 " x 11" concept plan Applicafion Metes and bounds description Justification ii Water and sewer application I hereby certify that I am either theo r of the property or the owner's agent or 7� consent f the owner. - SE RIS/W/CP 'VIAA Application fee Proffers, if applicable Adjoining property owners trAct p}4,ehaser and ain acting with the knowledge and l E7vVL(� z 1� )(ICb i� F LUOwner's Signature 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Applicant '-P wgmk The PIanning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. Please explain how the project conforms to the general guidelines and policies Community Plan, mi nA vu- eS , the Roanoke County Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as YC) well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and 1� v rescue. U�. i "�� _l n 6lG 1,n (e�.�"t3�! Cid p e.sr DY ��V'G, We, CC. ka `1�t�-S-Q-(SSS �DYUZCt r�, t� o C ) VkSx,l i v -k C& C'c v COA ; Y1 Ab 1O t �q� rb'� ( `d iu Lcj w -s 4- S uv -v ou�C.� 'Ymo\RVA-s OX no eye 0-� �r� (,.� e 1 e i} -r- -4 J�� lr►r�.j� ��ovI cL�rO `Y1�va� t� 1 � � 0V I, � 1 .D [�-� t -'L -" t',,. -i I�1 iR t Gt lr e. 11 L� ,T �iV1I tai � � in,pwtie.� ° ��c.� 0� ^ef 1� 1 N\--AV1Q- �+ %Q i Cl OCt.�� oe Dave Colsfd�gs, 0} [ av o"i r,� s ° F�e��l- ju S� i`S f,-"k1lre5. 4 pOANO Community Deveiopment 7 r; Planning & Zoning Division x _ Yb 1838 NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNme COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written continents and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective dater April 99, 20105 1 CLb'�-P� 1.� l C�'� �•s i'L�J� ��i�,l G-�.i� Hameipmi:i$ion �! �e497i�es s �igraat+�ve =fie � o N o p N Q IIp � r Q J Qj ti ) l C: d , W gk-0 i�. Isi9 4579 Layman Road Adioiners List. 040.18-01-16.00-0000 4571 Phyllis Rd Roanoke, VA 24012 James & Margaret Firehaugh 040.18-01-14.00-0000 4752 Phyllis Rd Roanoke, VA 24012 Alan & Patricia Parke 040.18-01-09.11-0000 4671 Red Barn Ln Roanoke, VA 24012 Mark & Linda Clark 040.14-02-40.00-0000 4493 Bonsack Rd Roanoke, VA 24012 Bonsack Methodist Church Trustees 1/2/2018 Gmail Kennel license 2 messages HILLERY DORVIN <hillerydorvin@cox.net> Reply -To: HILLERY DORVIN <hillerydorvin@cox.net> To: 1969diana.england@gmail.com Gmail - Kennel license Diana England <1969d1ana.england@gmail.com> Sun, Dec 24, 2017 at 3:09 PM Diana England deserves a kennel license. She takes excellent care of her dogs and is dedicated to providing a safe, secure environment for her canine friends. Even a veterinarian recommends Diana for a kennel license. She has rescued her dogs and nursed them back to health. Only a kindhearted person like Diana would take the time, effort, and expense to provide for her dogs in such a loving way. I highly recommend Diana England receive a kennel license. Hillery Dorvin 3021 Winterberry Drive SW Roanoke, VA 24018 540-330-5055 Diana England <1969diana.england @gmail.com> To: HILLERY DORVIN <hillerydorvin@cox.net> Thanks lady [Quoted text hidden] Sun, Dec 24, 2017 at 9:46 PM httpS:Ilmail.gOOgIO.comlmaillcalul0l?ui=2&ik=64a826f39b&jsver=l QCYKm I!A!4.en.&view=pt&search=inbox&th=1608b9026ea2235a&sim l=i 608a24e2. _. 111 December 11, 2017 To Whom It May Concern: I am writing in regards to Diana and Art England and the way they treat their dogs: My husband and I have been friends of the Englands for quite some time. I have never seen more caring dog owners than these two. They may have a large number of dogs but I can assure you that not one of them goes without food, love; and attention everyday: They do not just collect dogs and throw them outside. These dogs are in the house protected from the elements. They even have a swimming pool to play in when it is hot outside. It is sad to say but they treat and care for these dogs better than some people treat and care for their children. If you have any questions please feel free to contact me . My phone number is 540-797-2176 and my email is sheira1023@gmaii.com To whom it may concern, I, (the undersigned) live next door to Arthur and Diana England. The England's take good care of their dogs and they are not a bother to me. I would not mind if they had a multi dog license. Sincerely, 1 21 - add Firebaugh: 4751 Phyllis Rd NE Roanoke Va. 24012 4752 Allen Park: Phyllis Rd NE Roanoke Va. 24012 PET HEALTH CLINIC www.PetHealthClinic.com December 7, 2017 RE: Diana England 4579 Layman Rd Roanoke, VA 24012 To whom it may concern, 1 am responsible for health and preventative care of Ms. England's dogs. She is very conscientious regarding the welfare of her pets. All of her dogs are current on vaccinations and receive proper deworming and treatment. l attest that Ms. England is an excellent custodian of her pets and practices sound animal care. Please contact me should there be any concerns regarding her petition for a kennel license. 840 Roanoke Road • P.O. Box 240 - Daleville, Virginia 24083 • (540) 992-4550 • Fax (540) 992-6892 December 8, 2017 To Whom It May Concern: I am writing this letter as a witness to the treatment of the dogs that belong to Diana England. So many times in this day and age you see on the news and other places on TV people who hoard animals and keep them in deplorable conditions. I am writing to say that this IS NOT THE CASE in this situation. I have stayed overnight in the house with these dogs, and can be an eyewitness that these furbabies are well taken care of. They are friendly, well adjusted and healthy. They have a great place to run and play, complete with an air conditioned "dog house" when it gets hot. (The "dog house" is actually a converted shed that is roomy and very nice.) These dogs are regularly followed by the vet, they take vitamin supplements, and they are clean, well-groomed and fed. They all get their share of cuddle and love time with the humans—any and all human(s) who may be in the house—whether resident or visitor. This environment has become a family, and I think that it should stay that way. All of these dogs have been rescued in some way, either from the side of the road, from abusive/negligent owners, or from owner surrender. They have all bonded with Arthur and Diana and with each other. Because of where these pups have come from, I believe it would be detrimental to them to move them because of how well adjusted they have become. I feel they know who loves them, they have been able to develop trust again, and it would be cruel to make them start over with someone who may not treat them as well. The bottom line is that Diana and Arthur love their furbabies, they take care of them just as if they were children. When it comes to love and care, is there really a difference between committing to taking care of multiple adopted dogs and taking care of multiple adopted children? In my opinion, not in this case. These children simply wear a permanent fur coat and walk on 4 legs. Thank you for taking my observations and opinions into consideration in this matter. Sincerely, Ellen Clayton '4C'rr _ tea. •r.. �, I rl i' d y!� i Z -ry b0 O � O L O 0 /� `v O U a m O d N m Z O 0 O C 0 00 O (u o > C O) i LL c LLJ E U) J C .E C N � N m m ? O 0 m o m U) 0 m N 'o 'o Z LO U C N N N N CL CL m H Q l nears n Q W d d R-1 District Regulations SEC. 30-41. R-1 LOW DENSITY RESIDENTIAL DISTRICT. Sec. 30-41-1. Purpose. (A) The R-1, low density residential district is established for areas of the county within the urban service area with existing low -middle density residential development, with an average density of from one (1) to three (3) units per acre, and land which appears appropriate for such development. These areas are generally consistent with the neighborhood conservation land use category as recommended in the comprehensive plan. In addition, where surrounding development and the level of public services warrant, these areas coincide with the development category recommended in the plan. This district is intended to provide the highest degree of protection from potentially incompatible uses and residential development of a significantly different density, size, or scale, in order to maintain the health, safety, appearance and overall quality of life of existing and future neighborhoods. In addition to single-family residences, only uses of a community nature which are generally deemed compatible are permitted in this district. This would include parks and playgrounds, schools and other similar neighborhood activities. (Ord. No. 042799-11, § If., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-41-2. Permitted uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. Agricultural and Forestry Uses Stable, Private * 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Manufactured Home * Manufactured Home, Emergency * Multiple Dog Permit * R -I District Regulations Residential Human Care Facility Single Family Dwelling, Attached * Single Family Dwelling, Attached (Cluster Subdivision Option) Single Family Dwelling, Detached Single Family Dwelling, Detached (Cluster Subdivision Option) Single Family Dwelling, Detached (Zero Lot Line Option) 3. Civic Uses Community Recreation * Family Day Care Home Park and Ride Facility * Public Parks and Recreational Areas * Utility Services, Minor 4. Commercial Uses Bed and Breakfast * 5. Miscellaneous Uses Amateur Radio Tower * Wind Energy System, Small * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Residential Uses Alternative Discharging Sewage System * 2. Civic Uses Cemetery * 2 R -I District Regulations Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Religious Assembly * Utility Services, Major 3. Commercial Uses Golf Course * 4. Miscellaneous Uses Outdoor Gatherings * (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, §§ 3, 8, 6-22-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042500-9, § II, 4-25-00; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5-24-11, Ord. No. 111213-15, § 1, 11-12-13) Sec. 30-41-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. All lots served by private well and sewage disposal systems: a. Area: 0.75 acre (32,670 square feet). b. Frontage: 90 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 20,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. 3. All lots served by both public sewer and water: a. Area: 7,200 square feet. 3 R -I District Regulations b. Frontage: 60 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 10 feet. b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. Principal structures: 45 feet. b. Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures. (D) Maximum coverage. 1. Building coverage: 35 percent of the total lot area for all buildings and 7 percent for accessory buildings. 2. Lot coverage: 50 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 42694-12, § 8, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08, Ord. No. 111213-15, § 1, 11-12-13) El Roanoke County Code of Ordinances: Chapter 5 -Animals and Fowl Sec. 5-23. - Dogs and cats deemed personal property; rights relating thereto. (a) All dogs and cats in this county shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass and the owners thereof may maintain any action for the killing of any such dogs or cats, or injury thereto, or unlawful detention or use thereof, as in the case of other personal property. The owner of any dog or cat which is injured or killed contrary to the provisions of this article by any person shall be entitled to recover the value thereof or the damage done thereto in an appropriate action at law from such person. (b) The community service officers or other officer finding a stolen dog or cat or a dog or cat held or detained contrary to law shall have authority to seize and hold such dog or cat pending action before a general district court or other court. If no such action is instituted within seven (7) days, such officer shall deliver the dog or cat to its owner. The presence of a dog or cat on the premises of a person other than its legal owner shall raise no presumption of theft against the owner of such premises, and the community service officers may take such dog or cat in charge and notify its legal owner to remove him. The legal owner of the dog or cat shall pay the normal boarding fee established by section 5-29 for the keep of such dog or cat while in the possession of the community service officers or other authorized agent of the county. (Code 1971, § 5-6; Ord. No. 41294-7, § 1, 4-12-94; Ord. No. 121796-12.a, § 1, 12-17-96) Sec. 5-24. - Limitation on number kept per dwelling unit.(a) The harboring or keeping of more than three (3) dogs over four (4) months of age per dwelling shall be unlawful, unless a multiple dog permit has been issued pursuant to this article. The harboring or keeping of more than six (6) cats over four (4) months of age, of which no more than two (2) may be fertile, per dwelling shall be unlawful. The requirements of this section shall not apply to any dwelling which is part of an active agricultural operation or usage as defined by the zoning ordinance for the county. (b) As of July 26, 2005, allow a sixty-day period to register four (4) dogs if the dogs are owned currently and upon the death of one (1) of the four (4) dogs, the homeowner would be allowed to maintain three (3) dogs from that point forward. (c) Any person participating in a dog foster adoption program sanctioned by the Regional Center for Animal Care and Protection may be permitted to keep no more than four (4) dogs over four (4) months of age per dwelling for a period of ninety (90) days, unless an extension is granted by the foster adoption program, so long as the person is in compliance with all of the regulations in the foster adoption program. (Ord. No. 3137, § 2, 5-11-82; Ord. No. 52290-7, § 1, 5-22-90; Ord. No. 41294-7, § 1, 4-12-94; Ord. No. 101497-7, § 1, 10-14-97; Ord. No. 072605-7, § 2, 7-26-05; Ord No. 111015-7, § 1, 11-10-15) Sec. 5-25. - Sanitary condition of premises where kept. The structure or building in which any dogs are confined and the lot, compound or enclosure in which they are penned shall be kept in such sanitary condition as not to cause offensive odors or attract flies or other insects. (Code 1971, § 5-9) Sec. 5-26. - Nuisance prohibited. It shall be unlawful for the owner or harborer of any dog, cat or other wild or domestic animal to cause or permit such animal to perform, create or engage in any animal nuisance defined in section 5-21. Any animal found acting in any way forbidden by this article shall hereby be declared a nuisance and its owner or harborer shall be subject to the penalties provided by section 5-34. (Ord. No. 41294-7, § 1, 4-12-94) Sec. 5-27. - Barking or howling dogs. The harboring or keeping of any dog which, by loud, frequent or habitual barking or howling or by any other conduct, shall cause annoyance and disturb the peace and quiet of any person or neighborhood shall be unlawful; and any such dog is hereby declared to be a public nuisance. Any such dog may, after reasonable notice has been given by the community service officer or other law enforcement officer to the owner of such dog, if known, or upon the complaint of any person, if such owner is unknown, be impounded and confined in the county animal shelter by the community service officer. The disposition of any such dog shall be in accordance with O-ection 5-29. (Code 1971, § 5-10.2; Ord. No. 121796-12.a, § 1, 12-17-96) Cross reference— Noise generally, 13-3. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 27, 2018 ORDINANCE GRANTING A SPECIAL USE PERMIT IN A R-1 (LOW DENSITY RESIDENTIAL) DISTRICT TO OBTAIN A MULTIPLE DOG PERMIT ON 1.18 ACRES, LOCATED AT 4579 LAYMAN ROAD, VINTON MAGISTERIAL DISTRICT (TAX MAP NO. 040.18-01-15.00-0000) WHEREAS, the owners of 4579 Layman Road (Vinton Magisterial District), which property is zoned R-1 (low density residential), have applied for a multiple dog permit for their seven (7) dogs; and WHEREAS, Section 5-24 of the Roanoke County Code states that the keeping of more than three (3) dogs over four (4) months of age per dwelling shall be unlawful, unless a multiple dog permit has been issued; and WHEREAS, Section 30-82-4 of the Roanoke County Code states that in order to obtain a multiple dog permit on lots less than five (5) acres in an R-1 zoning district, a special use permit is required; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 6, 2018 and subsequently recommended approval of the special use permit; and WHEREAS, the first reading of this ordinance was held on February 27, 2018, and the second reading and public hearing were held on March 27, 2018; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. 1. The Board finds that the granting of a special use permit to allow a multiple dog permit in a R-1 (low density residential) district on a 1.18 acre parcel located at Page 1 of 2 4579 Layman Road (tax map no.: 040.18-01-15.00-0000), in the Vinton Magisterial District, meets with the requirements of Section 30-19-1 of the Roanoke County Code; The proposed use conforms with the standards set forth in article IV, use and design standards, and further conforms with the following general standards: a. The proposed use is in conformance with the comprehensive plan of the County, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and with official County policies adopted in relation thereto, including the purposes of the zoning ordinance. b. The proposed use will have a minimum adverse impact on the surrounding neighborhood and community; 2. The Board grants a special use permit to allow a multiple dog permit at 4579 Layman Road (tax map no.: 040.18-01-15.00-0000), in the Vinton Magisterial District, subject to the following condition: a. The maximum number of dogs shall be limited to seven (7) 3. That this ordinance shall be in full force and effect upon its final passage. 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