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HomeMy WebLinkAbout9/21/2021 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 21, 2021 RESOLUTION 092121-1APPROVING MEMORANDUM OF UNDERSTANDING AMONG THE CITY OF ROANOKE, TOWN OF VINTON, COUNTY OF ROANOKE, COUNTY OF BOTETOURT, WORLD TRIATHLON CORPORATION AND ROANOKE VALLEY CONVENTION AND VISITORS BUREAU REGARDING THE 2022 AND 2023IRONMAN 70.3 RACE SUPPORT SERVICES WHEREAS, the Board of Supervisors desires to authorize the County Administrator to execute a Memorandum of Understanding among the City of Roanoke, World Triathlon Corporation, Roanoke Valley Convention and Visitor’s Bureau, Counties ofRoanoke and Botetourtand the Town of Vinton for the Carilion Clinic Ironman 70.3 Triathlon to be held onJune 5, 2022 and June 4, 2023, respectively., in cooperation with Carilion Clinic, the main sponsor of the event. THEREFORE, BE IT RESOLVED BY THE Board of Supervisors of the County of Roanoke as follows: 1.The Board of Supervisors hereby authorizes the County Administrator to execute a Memorandum of Understanding among the City of Roanoke, World Triathlon Corporation(“WTC”), Roanoke Valley Convention and Visitor’s Bureau, Counties of Roanoke and Botetourt, and the Town of Vinton for the Carilion Clinic Ironman 70.3 Triathlon to be held on June 5, 2022 and June 4, 2023, respectively., in cooperation with Carilion Clinic. 2.The Roanoke Valley Convention and Visitor’s Bureau d/b/a Visit Virginia’s Blue Ridge (“VVBR”), has agreed to provide support for the Event, consisting of limited financial support, staff housing and facilitation services, in consideration for WTC selecting the Roanoke Valley as the location for the Event. Page 1of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, SEPTEMBER 21, 2021 RESOLUTION 092121-2REQUESTING THE ROANOKE VALLEY TRANSPORTATIONPLANNING ORGANIZATION FUNDA LIST OF PROJECTS FOR THE FISCAL YEAR 2023-2028SURFACE TRANSPORTATION BLOCK GRANT PROGRAM WHEREAS, the Roanoke Valley TransportationPlanning Organization reviews applications for funding through the Surface Transportation Block GrantProgram (formerly Regional Surface Transportation Program) and makes recommendations for project funding to the Commonwealth Transportation Board;and, WHEREAS, the Roanoke County Board of Supervisors supports the list of projectsfor Surface Transportation Block GrantProgram funding. NOW, THEREFORE, BE IT RESOLVED thatthe Board of Supervisors of Roanoke County, Virginiarequests the Roanoke Valley TransportationPlanning Organization fundthe following list of projects for the Fiscal Year 2023-2028Surface Transportation Block Grant Program: 1.Walrond Drive Multimodal Improvements, 2.Chaparral Drive Pedestrian Improvements, 3.Washington Avenue Corridor Study, 4.West Main Street Pedestrian Improvements, Phase 3, 5.Match funding for I-581 at Exit 2 (Peters Creek Road) Interchange Improvements, 6.Match funding for Route 460 at Alternate Route 220 Intersection Improvements, and Page 1of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, SEPTEMBER 21, 2021 RESOLUTION 092121-3SUPPORTING AN APPLICATION FOR $1,300,000OF MATCHED TRANSPORTATION FUNDING THROUGH THEVIRGINIA DEPARTMENT OFTRANSPORTATION FISCAL YEAR 2023AND FISCAL YEAR 2024REVENUE SHARING PROGRAM WHEREAS, the Board of Supervisors has previously committed Revenue Sharing and Secondary Six-Year Improvement Program funding to the Dry Hollow Road Safety Improvements Project; and WHEREAS, the Virginia Department of Transportation (VDOT) is administering the project to reinforce the roadway against Dry Hollow Creek and to widen the roadway to two lanesunder the Norfolk Southern railroad trestle; and WHEREAS, a deficit has been identified by VDOT that requires additional project funding; and WHEREAS, the Board of Supervisors desires to submit an application for an allocation of additional funds of up to $1,300,000through the VDOTFiscal Year 2023 and Fiscal Year 2024Revenue Sharing Program. NOW, THEREFORE, BE IT RESOLVED bythe Board of Supervisors of Roanoke County, Virginia, as follows: 1.That the Board of Supervisors hereby supports this application for allocation of $1,300,000through the VirginiaDepartment of Transportation Fiscal Year 2023and Fiscal Year 2024Revenue Sharing Program. Page 1of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, SEPTEMBER21, 2021 RESOLUTION 092121-4REQUESTING THE COMMONWEALTH TRANSPORTATION BOARD FUNDA TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM PROJECT IN FISCAL YEARS 2023 AND 2024 FOR THE GLADE CREEK GREENWAY IN VINYARD PARK WEST INTHE VINTON MAGISTERIAL DISTRICT OF ROANOKE COUNTY, VIRGINIAAND IN THE TOWN OF VINTON, VIRGINIA WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government or state agency in order that the Virginia Department of Transportation (“VDOT”) establish a Transportation Alternatives Set- Aside project to be administered by Roanoke County; and WHEREAS, the proposed Glade Creek Greenway at Vinyard Park West meets the goals of the Transportation Alternatives Set-Aside Program by providing a pedestrian and bicycle facility that will expand non-motorized travel choices, strengthen the local economy, improve quality of life and protect the environment; and WHEREAS, the Glade Creek Greenway is included in the 2018 Roanoke Valley Greenway Plan, which was adopted by the Board of Supervisors on September 25, 2018,as an amendment to the Comprehensive Plan; and WHEREAS, a public hearing was held on September 21, 2021, to receive public comment on the proposed Glade Creek Greenway through Vinyard Park West. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1of 3 1.That the Roanoke County Board of Supervisors requests that the Commonwealth Transportation Boardprovide funding for the Glade Creek Greenway through Vinyard Park West, located in bothRoanoke Countyand in the Town of Vinton. 2.That the Roanoke County Board of Supervisors hereby commits to provide a minimum twentypercent(20%)matching contribution for this project and any additional funds necessary to complete the project. 3.Thatthe Roanoke County Board of Supervisors hereby agrees to enter into aproject administrationagreement with VDOTand provide the necessary oversight toensure the project is developed in accordance with all state and federal requirements for design, rightof way acquisition, and construction of a federally funded transportation project. 4.That the Roanoke County Board of Supervisors will be responsible for maintenance and operating costs of any facility constructed with Transportation AlternativesSet-Aside funds unless other arrangements have been made with VDOT. 5.That if the Roanoke County Board of Supervisorssubsequently elects to cancel this project,the Roanoke County Board of Supervisors hereby agrees to reimburse VDOTfor the total amount of costs expended by VDOTthrough the date VDOTis notified of such cancellation.The Roanoke County Board of Supervisors also agrees to repay any funds previously reimbursed that are later deemed ineligiblefor such useby theFederal Highway Administration. 6.That the Roanoke County Board of Supervisors hereby grants authority for the County Administrator, or his designee,to execute project agreements for an approved Transportation Alternatives Set-Aside project for Fiscal Years2023and 2024. Page 2of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 21, 2021 ORDINANCE092121-5ACCEPTING AND APPROPRIATING $11,465,194.98IN ADDITIONAL COVID-19 GRANTS FORROANOKE COUNTY PUBLIC SCHOOLS WHEREAS, additional federal support was awarded to the Roanoke County Public Schools from the Coronavirus Response and Relief Supplemental Appropriations Act approved December 2020 and from the American Rescue Plan Act approved March 2021; and WHEREAS, Roanoke County Public Schools received an allocation of these funds in the amount of $987,000from the Coronavirus Response and Relief Supplemental Appropriations Act; and WHEREAS, an allocation of funds from the American Rescue Plan Act in the amount of $10,478,194.98 was received; and WHEREAS, Roanoke County Public Schools intends to use these funds to address current capital maintenance projects related to prevention and mitigations strategies, address student mental health needs andaddress unfinished learning; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, the first reading of this ordinance was held on September 7,2021, and the second reading was held on September 21, 2021. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 21, 2021 ORDINANCE 092121-6AUTHORIZING THE ACQUISITION OF PERMANENT AND TEMPORARY EASEMENTS ONPROPERTY LOCATED AT 2870 RIVERVIEW ROAD (TAX MAP NO. 071.03-01-03.00- 0000) FOR DEVELOPMENT OF THE ROANOKE RIVER GREENWAY IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, the Roanoke River Greenway is a regional bicycle and pedestrian trail developing throughthe Roanoke Valley, linking the Cities of Roanoke and Salem, the Town of Vinton, and Roanoke County; and WHEREAS, in 2018, the Roanoke Valley Greenway Commission made the Roanoke River Greenway its number one priority in the update to the Roanoke Valley Greenway Plan; and WHEREAS, the Roanoke County Comprehensive Master Plan for Parks and Facilities identifies the development of greenways and trails as a high priority desired by citizens in Roanoke County; and WHEREAS, Roanoke County is overseeing the design and construction of the Roanoke River Greenway proposed between Roanoke City and Highland Road in the Vinton Magisterial District; and WHEREAS, Pathfinders for Greenways, Inc. acquired permanent and temporary easements for the greenway on property located at 2870 Riverview Road (Tax Parcel Number 071.03-01-03.00-0000) on January 21, 2020, with the intent to transfer the permanent and temporary easements to Roanoke County sometime thereafter for purposes of building and maintaining the greenway, uponapproval by the Roanoke County Board of Supervisors; and Page 1of 3 WHEREAS, Pathfinders for Greenways, Inc. has agreed to donate the temporary and permanent easements to Roanoke County; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on September 7, 2021, and the second reading washeld on September 21, 2021. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1.That the acquisition ofpermanent and temporary easements on property located at 2870 Riverview Road (Tax Map No. 071.03-01-03.00-0000)as shown on the attached plat titled, “Greenway Easement Over Tax Parcel ID #71.03-01-03 Vinton Magisterial District, Roanoke County,” dated January 18, 2019 prepared and sealed by Christopher B. Kaknis, is hereby authorized and approved. 2.That the County Administratoror Assistant County Administrator are hereby authorized to executethe deedand any other incidental documentsrequired for the acquisitionand to takesuch actionson behalf of the County of Roanoke in this matter as are necessary or desirable to accomplish the acquisition, all of which shall be approved as to form by the County Attorney. 3.That this ordinance is to be in full force and effect upon its passage. Page 2of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 21, 2021 ORDINANCE 092121-7AMENDING ROANOKE COUNTY CODE – CHAPTER 15 FOR PARKS AND RECREATION WHEREAS, Chapter 15 of the Roanoke County Code, otherwise referred to as the “Park Ordinance”, was established in 1989 in order to regulate conduct in Roanoke County’s public parks; and WHEREAS, an update to the Park Ordinance is necessary in order to reflect the many changes in outdoor recreation which have occurred, including development of the Roanoke Valley Blueways, Greenways, Adventure Plan for Explore Park, and the increased popularity of bicycling in many forms throughout Roanoke County’s park system; and WHEREAS, Countystaff haveworked with citizens, stakeholders, and the Parks, Recreation and Tourism Advisory Commission on proposed amendments to the Parks Ordinance; and WHEREAS, County staff have proposed numerous amendments to each article of the Park Ordinance; and WHEREAS, the first reading of this ordinance was held on September 7, 2021, and the second reading was held on September 21, 2021. NOW THEREFOREBE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that the Roanoke County Code is hereby amended to read and provide as follows: Chapter 15 -PARKS AND RECREATION Page 1of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. Sec. 15-1.Title. This chapter shall be known and may be cited as the "Ordinance Regulating Conduct in Public Parks of Roanoke County." Sec. 15-2.Definitions. For the purpose of this chapter, the following terms, phrases, words, and their derivation shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Closed hoursmeans the hours each day that a park is closed in accordance with section 15-911(a)of this chapteruntil 6:00 a.m. the following day. Countyis the County of Roanoke, Virginia. Departmentwhen used hereinafter is defined as the dDepartment ofGeneral Services andpParks, rRecreation and tTourism for the cCountyof Roanoke. Directormeans the dDirector of the department of pGeneral Services and Parks, rRecreation and tTourism for the County of Roanoke and includes any person whom the dDirector designates to act for the Director hereunder. Electric power-assisted bicyclemeans a vehicle that travels on not more than three (3) wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by human power,(ii) a seat for the use of the rider, and (iii) an electric motor with an input of no more than seven hundred and fifty (750)watts. Electric power- assisted bicycles shall be classified as follows: (1)"Class one"means an electric power-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty (20)miles per hour; (1)(2)"Class two"means an electric power-assisted bicycle equipped with a motor that may be used exclusively to propel the bicycle and that ceases to provide assistance when the bicycle reaches the speed of twenty (20)miles per hour; and (2)(3)"Class three"means an electric power-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that Page 2of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. ceases to provide assistance when the bicycle reaches the speed of twenty- eight (28)miles per hour. Organized usemeans use by any team, club, or league for practices,games, events, or activities. Parkmeans all property owned, maintained, or operated by the County for public recreational use. and other areas, now or in the future operated and maintained by the county department of parks, recreation and tourism are defined to mean parks, public lands, playgrounds, recreation fields and facilities, museums, buildings, lakes, streams, lagoons, water areas, and submerged lands, and all public service facilities located on or in grounds, waters, buildings and structures in the county which are under the control of or assigned for upkeep, maintenance or operation by the county department of parks, recreation and tourism and including property of the Roanoke County School Board. Park attendantsmeans all full-time employees of the dDepartment of General Services andpParks, rRecreation and tTourism and any part-time or temporary employees of the Ddepartment specifically authorized in writing by the dDirector to enforce the requirements of this chapter. Parkingmeans the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. Permitis any written license issued by or under the authority of the Ddirector permitting the performance of a specified act or acts. Personis any person, firm, partnership, association, corporation, company or organization of any kind. Police officermeans all officers of the Roanoke cCounty pPolice dDepartment, including the cChief of pPolice, and all properly trained and deputized law enforcement officers of the Roanoke cCounty sSheriff's dDepartment and any law enforcement officer legally empowered to issue warrants of arrest or summons within the cCountyof Roanoke. Public gatheringincludes demonstrations, picketing, speechmaking, vigils, parades, ceremonies, meetings, rallies, entertainment, games, shows, concerts, picnics and all other forms of public assembly. Shared-use pathmeans a bikeway that is physically separated from motorized vehicular traffic by an open space or barrier and is located either within the highway right-of-way or within a separate right-of-way. Shared-use paths may also be used by pedestrians, skaters, users of wheel chairs or wheel chair conveyances, joggers, and Page 3of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. other nonmotorized users. "Greenways"qualifyas shared-use paths as defined in this section. Smokeor sSmokingmeans the carrying or holding of any lightedor activated pipe, cigar, or cigarette of any kind (including electronic cigarettes), or any other lighted smoking equipment, or the lighting, inhaling, or exhaling of smoke from a pipe,cigar, or cigarette of any kind(including electronic cigarettes). Special eventmeans a program, tournament or other event scheduled for specified hours or days involving the participation of the Ddepartment or written approval of the dDirector. Trailmeans a trail that is specifically designated as nonmotorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surfacing materials. Vehiclemeans every any device in, upon, or by which any person or property may be transported upon a highway, except devices other than bicycles movedby human power. Bicycles and electric power-assisted bicycles do not qualify as vehicles as defined in this section. Watersmeans any river, stream, lake, pond, swimming pool or other body of water, whether flowing or still, in or contiguous to any park as defined in this chapter. Sec. 15-3.Department of General Services and pParks, rRecreation and tTourism established; position of Ddirector created. AdDepartment of General Services and pParks, rRecreation and tTourism is hereby established and the position of dDirector of General Services and Parks, Recreation and Tourismof such departmentis hereby created. Sec. 15-4.Conduct of county recreation programs and park operationsResponsibilities of the Department of General Services and Parks, Recreation and Tourism. The dDepartment of General Services and pParks, rRecreation and Ttourism shall conduct the recreation programs of the cCounty,and all park operations as directed by the bBoard of sSupervisors or the cCounty aAdministrator. Sec. 15-5.Park property. No person in a park shall: ((1) Property: Page 4of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. a1)Disfiguration and removal of park property.Willfully mark, deface, disfigure, injure, tamper with, or displace or remove any building, bridges, tables, benches, fireplace, railings, tree guards, paving or paving material, public utilities, signs, notices or placards (either temporary or permanent), monuments, stakes, posts,or otherboundary markers, or other structures, equipment, facilities or park property or parts thereof, either real or personal. (b2)Conduct in restrooms and washrooms.Fail to maintain restrooms and washrooms in as neat and sanitary a condition as prior to such person's use, nor shall any person over the age of five (5) years use the restrooms and washrooms designated for the opposite sex, except a child in the company of a parent or other custodial individual. Useofany device or equipment for taking any photographic image or likeness in any restroom, locker room or washroomis prohibited.Minors under the age of five (5) years of age shall be accompanied by an adult while in restrooms and washrooms. (c3)Disturbance and removal of natural resources.Dig, disturbor remove any sand, soil, rock, stones, water, trees, shrubs or plants, downed timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agencyin any park unless given specific authorization to do so by the Director or his or her designee. (d4)Erection of structures.Construct or erect any building structure or utility service of whatever kind, whether permanent or temporary in character, in any park except by specific written permit issued hereunder. unless given specific authorization to do so by the Director or hisor her designee. Tents shall not be connected or fastened to any piece of park property or natural resourcewithin the park, unless specifically authorized by the Directoror his or her designee.Tentserected within a park shall otherwise comply with all applicable laws and regulations. (5d)Pollution of waters. Throw, discharge, place or cause to be placed, in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park, or in any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, whether liquid or solid, which will or may result in the pollution or littering of said waters. (6)Rubbish and waste.Bring in or dump, lay, cast, drop,discharge, deposit or leave any bottles, broken glass, ashes, cinders, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse, construction debris, home appliances, furniture and similar discarded items, or any other trash. No such rubbish or waste shall be placed in any water in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; at locations where receptacles are Page 5of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. (2) Trees, shrubbery, lawns. a. Injury and removal.Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant; nor attach any rope, wire, or other contrivance to any tree or plant; or dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area. b. Climbing trees, etc.Climb any tree or walk, stand, sit or attach any rope or cable or other contrivance upon monuments, vases, fountains, railings, fences or upon any other property not designated or customarily used for such purposes. (3) Wild animals, birds, etc. a. Hunting.Hunt, molest, frighten, kill, trap, chase, tease, shoot, or throw missiles at any animal, reptile or bird; nor shall any person remove or have in his possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird. b. Feeding.Give or offer, or attempt to give to any animal or bird any tobacco, alcohol or other known noxious substance. Sec. 15-5.1.Public trees. (1)Purpose.It is the purpose of this section to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting and removal of trees on public property. Further, it is the purpose of this section to enhance the quality of life in the Ccounty by protecting trees and by minimizing the loss of tree coverage on public propertiesproperty. (2)Definitions.The following terms, when used in this section, shall have the meanings ascribed to them in this subsection, unless context clearly indicates a different meaning: Diameter-at-breast-heightshall be the tree trunk diameter measured in inches at a height of four and one-half (4.5) feet above the ground. Driplineshall mean a vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground. Invasive alien plant speciesshall be those species currently listed by the state department of conservation and recreation. Page 6of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. Public propertyshall include all lands owned by the cCounty, including but not limited to public parks and property of other cCounty buildings and facilities, and includes all greenway easements donated to or owned by the Ccounty. The term "public property" shall exclude public streets and public utility, drainage and storm water easements and county water and sewer easements. Public utility companyshall mean any corporation, company, individual, association or cooperative that is a "public utility" as defined in section 56-232 of the Code of Virginia, 1950, as amended. Toppingis defined as the severe cutting back of limbs tostubs within the atree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Treeshall mean any self-supporting woody plant, usually having a single, main woody trunk and producing a more or less distinct and elevated headwith many branches. For the purposes of this section, a tree shall have a diameter-at-breast-height of four (4) inches or more. Tree committeeshall mean the committee appointed by the county administrator Director to develop uniform standards for implementing the provisions of this section. (c) (3)Applicability.This section provides full power and authority over all trees located on public property. (d) (4)Authorization required. (1) a. a.It shall be unlawful for any person to plant, remove, destroy, relocate, harm or otherwise disturb any tree on public property without first receiving written approval from the tree committee. except for invasivealienplant species as defined above. Invasive alienplant species may be removed. (2) b.In the case of emergencies, such as windstorms, ice storms or other disasters, written approval may be waived by the tree committee during the emergency period so as not to hamper work to restore order to the cCounty. (e) (5)Abuse or mutilation of public trees or shrubs.Unless specifically authorized by the tree committee, it shall be unlawful for any person to intentionally damage, cut, carve, transplant or remove any tree or shrub on public property; attach any nails, advertising posters or other contrivance to Page 7of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. any treeor shrubon public property; allow any gas, liquid or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of anytreeor shrubon public property. (f) (6)Protection of trees.Trees that are to remain after construction of public buildings, facilities, driveways, roads, utilities or other below or above ground public structures must be protected from construction activities and heavy equipment to ensure their survival. (1) a.The Director shall establish a three (3) person tree committee, which shall meet at such times and at such places asdecided upon by the Director. Members of the tree committee shall serve for such terms as decided upon by the Director, and there shall be no term limits. Members of the tree committee may be removed from the tree committee for good cause as determined by the Director. b.The tree committee shall establish guidelines for trees that are to remain on public property and that are within or in close proximity to the immediate construction activity area. (2) bc.No person, including public utility companies and cCounty departments, shall excavate any ditches, tunnels, trenches or lay any driveway or street within a radius of ten(10)feet from any tree on public property without first obtaining written approval from the tree committee. This provision does not apply to the maintenance and repair of existing public utility and cCounty water and sewer utility facilities. (3) cd.All trees on public property shall be pruned or trimmedonlyin accordance with reasonable industry the standards, as determined by the tree committeeestablished by the National Arborist Association, entitled "Pruning Standards for Shade Trees," as revisedin 1988. This includes all public utility companies and cCounty departments or their subcontractors involved in maintenance on cCounty property or easements. (4) de.It shall be unlawful for any person, firm, or cCounty department to top any tree on publicproperty, unless specifically authorized by the tree committee. Trees severely damaged by wind, ice or snow storms or other disasters may be exempted from this section at the determination of the tree committee. (g) (7)Enforcement.The tree committee shall have the general powers and duties to: Page 8of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. (1) a.Direct, manage, supervise and control the planting, removal and protection of all trees on public property. (2) b.Protect all trees on public property so as to prevent the spread of disease or pests and to eliminate dangerous conditions which may affect the health, life or safety of persons or property. (3) c.Require the preparation of a tree protection plan for cCounty construction projects, when deemed appropriate and necessary. (4) d.Administer the provisions of this articlesubsection. Sec. 15-6.Sanitation. No person in a park shall: (1) Pollution of watersPollution of waters.Throw, discharge, place or cause to be placed, in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park, or in any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, whether liquid or solid, which produces, or may result in, the pollution or littering of said waterswhich will or may result in the pollution or littering of said waters.(2) Rubbish and refuse matterRubbish andwaste.Bring in or dump, lay, cast, drop, discharge, deposit or leave any bottles, broken glass, ashes, cinders, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse, construction debris, home appliances, furniture and similar discarded items,or any other trash. No such rubbish or refuse materialswasteshall be placed in any water in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; at locations where receptacles are not so provided, all such rubbish or refuse materials waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewher Sec. 15-67.Trafficand vehicle use. No person in a park shall: (1) Motor vehicle laws apply.Fail to comply with all applicable provisions of the Sstate and cCounty motor vehicle traffic laws in regard to equipment and operation of vehicles together with such requirements as are contained in this and other ordinances. (2) Enforcement of traffic requirements and regulations.Fail to obey any police officer and park attendants who are hereby authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with Page 9of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. the provisions of these requirements and such supplementary regulations as may be issued subsequently by the Ddirector. (3) Obey traffic signs.Fail to observe all traffic signs indicating speed, direction, caution, stopping or parking and all others posted for property control and to safeguard life and property. (4) Speed of vehicles.Ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except upon such park roads as the cCounty may designate, by posted signs, for other speed limits. (5) Operation confined to roads.Drive any motorized vehicle on any area except the paved park roads, parking areas,or such other areas as may be specifically designated as temporary parking areas by the dDirector. (6) ATVs, etcOffroad vehicles, etc.Operate in any park or recreation area snowmobiles, hovercraft, minibikes, pocketbikes, motorcycles, go-carts, all- terrain vehicles (ATVs), golf carts, mopeds or any otheroff roadvehicles, except in areas specifically designated by the Ddirector for such use. (7)Aircraft.Launch or land any manned or unmanned aircraft, including drones, remote control planes, helicopters, gliders, jets, airplanes,powered parasails, powered paragliders, ultralight aircraft or hang gliders, except in areas specifically designated by the Director for such use, and by permit. This subsection shall not apply to Roanoke County employees within the exercise of their employment duties, and with reasonable notice to the Director. (87)Trucks and commercial vehicles.Shall oOperate in or through any park, any trucks or commercial vehicles with a gross weight in excess of five (5) tons, except for the delivery of the load thereon for use in such parks as expressly approved by the Ddirector. (98)Parking. a.Designated areas.Park a vehicle in other than anywhere except in an established or designated area, except as shall be and in accordance with the instructions of any park attendant or police officer who may be present. b.Prohibited activities.Park a vehicle in a park for the expressed or apparent purpose of washing, repairing or maintaining the same. c.Double parking.Double park any vehicle on any road or parkway unless directed by a park attendant or police officer. Page 10of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. (109)Bicycles. a. Confined to roads.Ride a bicycle on other than a vehicular road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy or wooded trail or any paved area reserved for pedestrian use. b. Designated racks.Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available. When riding a bicycleor electric power-assisted bicycle,arider must yield to walkers and runners. Riders must abide by bicycling laws set forth in the Code of Virginia when riding in parks.Class one,andclass two, and class threeelectricpower-assisted bicycles may be ridden in places where bicycles are allowed. Class three electric power-assisted bicycles are prohibited. Sec. 15-87.Prohibited uses of parks. No person in a park shall: (1) Distribution or displayPosting or leaving papers or materials.No person in a park shall Ppost, paint, affix, distribute, handout, deliver,place, cast or leave about any poster, paper, or other materialsbill, billboard, placard, ticket, handbill, circular or advertisement; display any flag, banner, transparency, target, sign, placard or any other matter for advertising or promotional purposes; operate any musical instrument for advertising or promotional purposes or for the purpose of attracting attention to any exhibit, show, performance or other display ,unless expressly authorized through permit by the Ddirectorpursuant to section 15-11(c). (2) Contributions.Solicit contributions for any purpose. (3) (2)Bathing and swimming. aa. Designated areas.No person in a park shall Sswim, bathe,or wade in any waters or waterways that have been designated and posted by the Director as prohibited swimming areas. in any park, except in such waters and in such places as are provided therefore, and in compliance with such requirements as are herein set forth or may be hereinafter adopted. Nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing or congregate thereat when such activity is prohibited by the dDirector upon a finding that such use of the waters would be dangerous to public health, safety or welfare. bb. Certain hours.No person in a park shall uUse or remain upon any waters or places designated for the purpose of swimming or bathing, Page 11of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. or congregate thereat, except during such hours of the day as shall be designated by the Ddirector for such purposes for each individual area. c. Bath houses.Dress or undress in any vehicle, toilet or other place, except in such bathing houses or structures as may be provided for that purpose. (43)Boating. aa.Designated areas.No person in a park shall oOperate or occupy any boat, raft or other watercraft, whether motor powered or not, upon any watersthat have been designated as posted by the Director as prohibited boating areas. except at places designated for boating by the Ddirector. Such activity shall be in accordance with applicable regulationsas are now or may hereinafter beadopted by the dDepartment. bb.Operation of boats.No person in a park shall Nnavigate, operate, direct or handle any boat in violation of federal, state or local laws pertaining to the operation of boats. cc.Prohibition during closed hours.No person in a park shall Llaunch, dock, operate or remain on or in any boat, raft, or other watercraftof any kind on any waters during the closed hours or except during such hours as shall be designated by the Ddirector for such purpose. (54))Fishing. aa1.Commercial fishing.No person in a park shall Commercial fishing, bbuyingy or selling offish caught in any park watersis forbidden. bb2.Designated areas.No person in a park shall Ffish in any park waters, whether by the use of hook-and-line, net trap, spear, gig or other device, that have been designated and posted by the Director as prohibited fishing areas. except in such waters thereof as have been designated by the director for that use and under such regulations and restrictions as have been prescribed by said director. (65))Hunting and firearms.No person in a park shall Hhunt, trap or pursue wildlifeat any time. Trapping may be authorized, by permit, when it is deemed by the dDirector that said activity is in the best interest of public health, safety and/or welfare. No person shall within a park use, carry or possessbrandish or discharge anyfirearms,ammunition or combinations thereof, as expressly prohibited by statute, or air rifles, spring guns, pellet guns, paintball guns, bow and arrows, slingsor any other formsof weapons Page 12of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. potentially dangerous to wildlife or to human safety or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park property boundaries is forbidden.The Ddirector may permit authorization for the use of a firearm or other potentially dangerous instrument,to be used in a park for a special event or cCounty managed activity. ((76))Picnic areas and use. a.aRegulated.Picnic in a place other than those designated for that purpose. Park attendants shall have the authority to regulate picnic activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. No visitor shall fail to Visitors shall comply with any directions given by park attendants to achieve this end. b.bAvailability.Persons in a park shall observe the policy that use of the individual fireplaces as well as tTables,and benchesand cooking grills are available for use on ashall follow the rule of "firstcome, first served."bBasis, unless previously reserved. c.cDuty of picnicker.Leave a picnic area before the fire is completely extinguished and before Open fires shall only be permitted as specifically allowed by the Director, and shall be located in a designated fire ring.Aall trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is shall be placed in the disposal receptacles where provided. If no such trash receptacles are available, all refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere. d.dNonexclusive.No person in a park shall Uuse any portion of the park areas or of any of the buildings or structures therein without a permit issued by the dDirector, for the purpose of holding activities to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded. e.eReservations.Reservations for sheltersonlymay be obtainedonly by paying a fee, as determined by the Ddepartment of parks, recreation and tourism for exclusive use during said time period. Permits willonlybe issued only upon payment of fee and must be in the possession of users to be valid. No person or group occupying a shelter shall fail to relinquish the shelter to a party or group holding a reservation permit from the dDepartmentof pParks, rRecreation and tTourism. Page 13of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. (87))AAthletic fields.In order tominimize excessive wear of athletic fields, Use any Roanoke cCounty owned or maintained ball athletic fields shallshouldnot be used for organized use unless the users have first until first securing secured a field rental contract for field use from the dDepartment. This requirement applies to all sanctioned or non-sanctioned teams or organized groups. Field rental contracts may cover league teams for a specific sport and may include multiple fields; however, copies of such contracts shall be in the possession of a responsible individual for each non- sanctioned team or organized group using any such ball athletic field. (98))Camping.No person in a park shall Sset upatents, shacksor any other temporary shelter for the purpose of camping,without a permit from the dDirector. Unless a permit has been obtained from the Director, Dduring closed hours, no person shall leave in a park any equipment, structure or vehicle to be used or that could be used forsuch purposes camping, such as a house trailer, camp trailer, camp wagon or the like. (10)Games.Take part in or organize any recreational activity or the playing of any games, including but not limited to golf, except inareas set apart therefor(119))Horseback riding.No person in a park shall Rride, drive or lead a horse except on park drives or trails, as designated by the dDirector. Where permitted, horses shall be thoroughly broken and properly restrained, ridden with due care, and shall not be allowed to graze or go unattended, nor be hitched to any rock, tree orandshrub. No hoofed animals will be allowed onturf areasoutside designated riding areas. (1210)Missiles)Missilesand fireworks.No person in a park shall Ccarry, shoot, fire, explode or throw any fireworks, firecrackers, rockets, torpedoes or missiles of any kind in any park without a permit from the dDirector. (1311)Photography.No person in a park shall mMake still or moving pictures that involve the use of special settings, structures, lighting or apparatus, or the performance of a cast of persons, either amateur or professional, or the posing of professional models without prior written authorization by the dDirector; said written permission may be issued only when such activities will permit normal use of park facilities by other visitors. However, the provisions of this section do not in any way restrict the ordinary use of cameras by amateur photographersor commercial media coverage. (14)Remote control planes.Operate a remote control plane, glider, or motor propelled aircraft in any park without a permit from the director. Sec. 15-9.Meetings and concessions. No person shall: Page 14of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. (1) Hold or takepart in any public meeting or event, religious, political, charitable or otherwise, including picnic parties and entertainment for charitable or religious purposes, in any public park without first obtaining written permission from the director. Such assemblages shall be conducted in a lawful and orderly manner and shall occupy such grounds and facilities as may be assigned to or reserved for them. (12) Concessions.No person in a park shall Ssell or offer for sale any food, beverage, refreshment or any article or service whatsoever,in any park exceptbyconcessionaires under contract with the cCounty orbynonprofit, charitable or religious groups, authorized by permit from the dDirector. Sec. 15-810.Behavior. No person in anypark shall: (1) Intoxication.Enter upon or be in or remain in a park or recreation facility while under the influence of alcoholic beverages or any controlled substance as defined by the Drug Control Act of the Code of Virginia,. except as authorized by a permit from the director. (2) Taking a drink or tendering same.Take a drink of any alcoholic beverage or tender a drink thereof to any other person, whether accepted or not, except as permitted by Section 4.1-308C 4-78CTitle 4.1 of the Code of Virginia, 1950, as amended, or as permitted by aand as authorizedpermit issued by the Ddirector. (3)Smoking. Smoke inside a public building. (34))Domestic animals.Be responsible for the presence of a dog or other domestic animal in a park(excluding areas of parks designated by the Director as "dog parks")unless such animal is carried, led by a chain, strap or rope, or kept in a wagon, automobile or other vehicle. Dogs, cats or other domestic animals shall not be permitted to enter any lake, pond, fountain, swimming pool, or athletic field,unless said area has specifically been designated as allowing said animals by a posting thereon."Service dogs"as defined in Section 51.5-40.1 of the Code of Virginia, 1950, as amended, shall be excluded from the provisions of this section. All domestic animal waste must be disposed of in a proper manner (i.e. scooper or plastic baggie) by owner. Be responsible for the entry of a dog or other domestic animal intoa park unless carried, led by a chain, strap or rope, or kept in a wagon, automobile or other vehicle by chain, rope or strap. Dogs, cats or other domestic animals shall not be permitted to enter any lake, pond, fountain, swimming pool, stream, all special Page 15of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. event areas and tournaments, ball fields or food and beverage concession areas within any park or recreation area. Service dogs shall be excluded from the provisions of this regulation. All domestic animal waste must be disposed of in a proper manner (i.e. scooper or plastic baggie) by owner. No non-working animal or pet shall be allowed at special events incounty parks.Non- working animals or pets include, but are not limited to, dogs, cats, horses, reptiles or other animals that are present at a sSpecial eEvent other than for the express purpose of assisting an individual with a disability. Also excluded are those animals or pets which are an attraction and/or a part of the special event. (45))Fires.Build or attempt to build a fire except in such areas and under such regulations as may be designated by the dDirector. No person shall drop, or throw or otherwise scatter lighted matches, burning cigarettes, cigars, tobacco paper or other inflammable material within any park area, or on any highway, road or street abutting or contiguous thereto. (56))Closed areas.Enter an area posted as "Closed to the Public" or "No Trespassing," or otherwise "closed" in accordance with section 15- 11(b) of this chapter. No nor shall any person shall use or abet the use of any area in violation of posted notices. (67))Going onto ice.Go onto ice on any of the waters except such areas designated as skating areas and posted as such. (78))Disorderly conduct and disturbing the peace.Cause inconvenience, annoyance, or alarm to another by doing any of the following: a..Engaging in fighting, engaging in threatening harm to persons or property,orengagingin violent or turbulent behavior; bb.Making unreasonable noise or offensively coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person; cc.Insulting, taunting, or challenging another under circumstances in which such conduct is likely to provoke a violent response; dd.Hindering or preventing the movement of persons on a public street, road or right-of-way, or to, from, within or upon public property, so as to interfere with the rights of others and by any act which serves no lawful andreasonable purpose of the offender; Page 16of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. ee.Creating a condition which is physically offensive to persons or which presents a risk of physical harm to persons or property, by any act which serves no lawful or reasonable purpose of the offender. (89))Exhibit permits.Fail to produce and exhibit any permitsfrom the dDirector upon request of any police officer or park attendant who shall request to inspect the same. (910))Interference with permittees.Disturb or interfere unreasonably with any person or party group occupying any area, or participating in any activity, permitted by under the authority of a permit. Sec. 15-119.Park operating policy. (a1))Hours.Parks shall be open to the public every day of the year from one-half (½) hour afterdaylight 6:00 a.m. to one-half (½) hour before sunset,except withthe following exceptions: a.Ppark facilities with outdoor illuminated athleticfield lightingshall be open to the public from one-half (½) hour afterdaylight to 11:00 p.m.; b.Park facilities withor special hours of operation,which when such special hours of operation areshall beposted thereon.;and c.Select exceptions after receiving sSpecial written permission from the dDirectoror his or her designee.is required for any persons to remain in any park area outside regular open hours. Explore Park hours of operation shall be exempt from this provision. (b2))Closed areas.Any section of any park may be declared closed to the public by the dDirector at any time or for any interval of time, either temporarily or at regular and stated intervals and either entirely or merely to certain uses, as the dDirector shall find reasonably necessary. (c3))Permit.A permit shall be obtained from the Ddirector before participating in a park activity prohibited by theserulesset forth in this chapter:. (1) a.Application.A person seeking issuance of a permit hereunder shall file an application with the dDirector. The application shall state: tThe name and address of the applicant; the name and address of the person, persons, corporation or association sponsoring the Page 17of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. activity, if any; the name, address and effective contact information for a responsible individual for such permit; the day and hours for which the permit is desired; an estimate of the anticipated attendance; any other information which the dDirector shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder. (2) b.Standards of issuance.The dDirector may issue a permit hereunder when he finds: tThat the proposed activity or use of the park will not unreasonably interfere or detract from the general public enjoyment of the park; that the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety or recreation; that the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct; that the proposed activity will not entail unusual, extraordinary or burdensome expense or allocation of manpower resources by the Roanoke cCounty pPolice dDepartment or other operation by the cCounty; that the facilities desired have not been reserved for other use at the day and hour required in the application. (3) c.Appeal.Within seven (7) days after receipt of an application, the Ddirector shall either issue a permit or apprise an applicant in writing of his reasons for refusing a permit.andAany aggrieved person shall have the right to appeal in writing within five (5) days to the assistant County Aadministrator, or hisor herdesignee, who which shall consider the application under the standards set forth in subsection (2) hereof and sustain or overrule the Ddirector's decision within fifteen (15) days. The decision of the Ccounty Aadministrator, or hisor herdesignee, shall be final. d.(4) Effect of permit.A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits. The Director may impose reasonable conditions in granting a permit under this section. e.(5) Liability of permittee.The person or persons to whom a permit is issued shall be liable for any loss, damage or injuries sustained by any person whatsoever, by reason of the negligence of the person or persons to whom such permits shall have been issued.and shall indemnify and hold the county, its officers, employees and agents harmless from any claim, judgment or award for damages or other legal relief of any nature whether as a result of legal or administrative action. Page 18of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. ACTION NO. A-092121-8.b ITEM NO. L-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE:September 21, 2021 AGENDA ITEM:Request to accept a donated canine from the Police Foundation valued at $8,500 for use by the Police Department's K9 Unit SUBMITTED BY:Chuck Mason Assistant Chief of Police APPROVED BY:Daniel R. O’Donnell County Administrator ISSUE: Acceptance of an eleven month old Belgian Melanois valued at $8,500 to the Police Department. DISCUSSION: The Police Department has been offered a donation from the Roanoke County Police Foundation of an eleven (11) month old Belgian Melanois for use as a narcotics detection and patrol K9. The value of the canine is $8,500. The dog named Maverick will be assigned with his handler, to the K9 Unit of the Police Department's Patrol Division. The Foundation's donation was made possible by the generous contribution to the Foundation by Ayers Financial Services,Inc. FISCAL IMPACT: The Police Department will supply necessary training, equipment, and a vehicle from its existing funds. No additional funding is requested. STAFF RECOMMENDATION: Staff recommends acceptance of this donation. Page 1of 2 VOTE: Supervisor Peters moved to approve the staff recommendation to acceptthe donation. Supervisor Mahoneyseconded the motion. Motion approved. YesNoAbsent Ms. Hooker Mr. Mahoney Mr. North Mr. Radford Mr. Peters cc: Chuck Mason, Assistant Chief of Police Laurie Gearheart, Director of Finance and Management Services Steve Elliott, Budget Manager Page 2of 2 ACTION NO. A-092121-8.c ITEM NO. L-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE:September 21, 2021 AGENDA ITEM:Confirmation of appointments to the Library Board (by District) SUBMITTED BY:Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY:Daniel R. O’Donnell County Administrator ISSUE: Confirmation of appointments BACKGROUND: Library Board: Supervisor David R. Radford has recommended the appointment of Bonnie Johnson to represent the Windsor Hills Magisterial District to a term to expire December 31, 2023. DISCUSSION: There is no discussion associated with this agenda item. FISCAL IMPACT: There is no discussion associated with this agenda item. STAFF RECOMMENDATION: Staff recommends confirmation of all appointments. Page 1of 2 VOTE: Supervisor Peters moved to approve the staff recommendation toconfirm the appointment.Supervisor Mahoneyseconded the motion. Motion approved. YesNoAbsent Ms. Hooker Mr. Mahoney Mr. North Mr. Radford Mr. Peters cc: Shari Henry, Director of Library Services Page 2of 2 AT A REGULAR MEETING OF THEBOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTERON TUESDAY, SEPTEMBER 21, 2021 RESOLUTION 092121-8.aGRANTING A WAIVER TO HOLLINS UNIVERSITYUNDER SECTION 13-23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY’S NOISE ORDINANCE, ARTICLE II. NOISEOF CHAPTER 13. OFFENSES – MISCELLANEOUS WHEREAS, Hollins University, a private universitylocated in north Roanoke County,will be holding their annual Fall Formal Dance on Saturday, October 9, 2021, ending at midnight on the grounds of the University; and WHEREAS, in order to accommodate the advertised time frame and to mitigate economic hardship by enhancing students’ sense of connectedness with Hollins and the Roanoke Valley through social interaction that supports recruiting and retaining students that in turn affects the economic vitality of the University and Roanoke County with this event, Hollins Universityisrequesting a waiver of the County noise ordinance for(2) hours from 10:00 P.M. till midnight, on Saturday,October 9, 2021; and WHEREAS, Section 13-23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance to avoid undue hardship upon consideration of certain factors set forth in sub-section (b) of Section 13-23 and after making certain alternative findings. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1of 2