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Home My WebLink About9/7/2021 - RegularRoanoke County Board of Supervisors September 7, 2021 INVOCATION: 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 4 Roanoke County Board of Supervisors Agenda September 7, 2021 Good afternoon and welcome to our meeting for September 7, 2021. 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 Friday at 7:00 p.m. and on Sunday at 4:00 p.m. Due to scheduling issues, today's meeting will be joined in progress following the Roanoke City Council Meeting. Additionally, a full -meeting replay will be broadcast at 7:00 p.m. this evening. 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. NEW BUSINESS 1. Resolution approving the submission of a Waiver to Administer a Split Precinct to the Virginia Department of Elections (Peter S. Lubeck, County Attorney; Anna Cloeter, General Registrar -Director of Elections) Page 2 of 4 D. FIRST READING OF ORDINANCES 1. Ordinance approving a permanent easement to Appalachian Power Company on a parcel owned by the Roanoke County Board of Supervisors (Tax Map Number 036.03-01-01.00-0000) for the development of the Stormwater Operations Building at the Public Service Center (Due to the timeline from Appalachian Power Company, it is requested, upon a four -fifths vote of the Board, the second reading be waived and the ordinance adopted as an emergency measure) (Doug Blount, Director of General Services and Parks, Recreation and Tourism) 2. Ordinance amending Roanoke County Code Chapter 15 for Parks and Recreation (Doug Blount, Director of General Services and Parks, Recreation and Tourism) 3. Ordinance authorizing the acquisition of permanent and temporary easements on property located at 2870 Riverview Road (Tax Map No. 071.03-01-03.00-0000) for development of the Roanoke River Greenway, Vinton Magisterial District (Lindsay Webb, Parks Planning and Development Manager) 4. Ordinance accepting and appropriating $11,465,194.98 in additional COVID-19 Grants for Roanoke County Public Schools (Susan Peterson, Director of Finance for Roanoke County Public Schools) E. PUBLIC HEARING AND SECOND READING OR ORDINANCES 1. Ordinance amending Chapter 21 (Taxation), Article IX (Transient Occupancy Tax) of the Roanoke County Code (Peter S. Lubeck, County Attorney) F. APPOINTMENTS 1. Library Board (appointed by District) 2. Parks, Recreation and Tourism Advisory Commission (appointed by District) G. 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 - May 25, 2021 2. Request to approve the Board of Supervisors budget development calendar for fiscal year 2022-2023 Page 3 of 4 3. Request to accept and allocate grant funds in the amount of $194,925 from the Division of Motor Vehicles for the purpose of Selective Enforcement 4. Request to accept and allocate grant funds in the amount of $145,725 from the Virginia Department of Criminal Justice Services Virginia Victim Witness Fund H. CITIZENS' COMMENTS AND COMMUNICATIONS I. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report J. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Phil C. North 2. David F. Radford 3. Paul M. Mahoney 4. Martha B. Hooker 5. P. Jason Peters K. WORK SESSIONS 1. Work session to review Roanoke County's Comprehensive Plan with the Board of Supervisors (Philip Thompson, Director of Planning; Bailey Howard -Dubois, Principal Planner) 2. Work session to review 419 Town Center Design Guidelines with the Board of Supervisors (Philip Thompson, Director of Planning) L. ADJOURNMENT Page 4 of 4 ACTION NO. ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 7, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Resolution approving the submission of a Waiver to Administer a Split Precinct to the Virginia Department of Elections Peter S. Lubeck County Attorney Daniel R. O'Donnell County Administrator The submission of a waiver to the Virginia Department of Elections to administer a split precinct in the November 2021 election. BACKGROUND: Pursuant to recent amendments to Section 24.2-307 of the Code Virginia, each voting precinct "must be wholly contained within a single congressional district, Senate district, House of Delegates district and election district used for the election of one or more members of the governing body or school board for the county or city." "Split precincts" must be eliminated by the 2021 November election unless a waiver is granted by the Department of Elections. A locality may only administer a split precinct for elections held in the year the waiver is granted. DISCUSSION: Roanoke County has a voting precinct that contains a split between two (2) different election districts; Precinct 104 - Northside, includes a portion of Senate districts 19 and 21. Inasmuch as the necessary data to perform redistricting has not yet been released, it is proposed that the Board of Supervisors apply to the State Board of Elections for a waiver to administer Precinct 104 as a split precinct during the November 2021 election. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact associated with the submission of a waiver request. STAFF RECOMMENDATION: Staff recommends submission of the waver request. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, SEPTEMBER 7, 2021 RESOLUTION APPROVING THE SUBMISSION OF A WAIVER TO THE VIRGINIA DEPARTMENT OF ELECTIONS TO ADMINISTER A SPLIT PRECINCT IN THE NOVEMBER 2021 ELECTION WHEREAS, pursuant to recent amendments to § 24.2-307 of the Code of Virginia, each voting precinct "must be wholly contained within a single congressional district, Senate district, House of Delegates district, and election district used for the election of one or more members of the governing body or school board for the locality"; and WHEREAS, split precincts must be eliminated by the 2021 November election unless a waiver is granted by the Virginia Department of Elections; and WHEREAS, Roanoke County has a voting precinct that contains a split between two different election districts; Precinct 104 - Northside, includes a portion of Senate districts 19 and 21; and WHEREAS, inasmuch as the necessary data to perform redistricting has not yet been released, it is proposed that the Board of Supervisors apply to the State Board of Elections for a waiver to administer Precinct 104 as a split district during the November 2021 election. NOW THEREFORE, BE IT RESOLVED that the Board authorizes the Roanoke County Registrar to submit a waiver request to the Virginia Department of Elections to enable the County to administer Precinct 104 as a split precinct during the November 2021 election. Page 1 of 1 * VIRGINIA * DEPARTMENT of ELECTIONS Waiv i to Administer a Split Precinct Reque L Use this form to submit a request to administer an already existing split precinct. Pursuant to Virginia Code § 24.2-307, split precincts must be eliminated by the 2021 November Election, unless a waiver is granted. A locality may only administer a split precinct for elections held in the year the waiver is granted (i.e. you must request a new waiver each year). The governing body must approve to apply for a waiver to administer a split precinct. The governing body's meeting minutes or resolution must be submitted with this request. Locality * Contact Name * Position * Email Address * v v Phone Number * Number of Precincts Needing a Waiver: * Would you like to list the precincts or upload a VERIS report? * O List precincts O Upload VERIS report Reason for Waiver Request (select all that apply): * ❑ The governing body is unable to establish a precinct with the minimum number of registered voters without splitting the precinct. ❑ Precinct boundaries that are consistent with any Congressional district, Senate district, House of Delegates district, and local election district that will be adopted by the appropriate authority, cannot be established by the November Election. ❑ Other (explain): Date the Governing Body's Meeting Occurred: * M Governing Body's Meeting Minutes or Resolution: * Choose File No file chosen PRECINCT NAME PRECINCT LOCATION PRECINCT ADDRESS VOTING ROOM CON SEN HSE CATAWBA DISTRICT 101 CATAWBA GRACE ASSEMBLY OF GOD 5530 CATAWBA VALLEY DRIVE CATAWBA, VA 24070 FELLOWSHIP HALL 9 21 8 102 MASON VALLEY MASONS COVE ELEMENTARY SCHOOL 3370 BRADSHAW ROAD SALEM, VA 24153 GYMNASIUM 9 19 8 103 GLENVAR GLENVAR MIDDLE SCHOOL 4555 MALUS DRIVE SALEM, VA 24153 CAFETERIA 9 19 8 104 NORTHSIDE NORTHSIDE HIGH SCHOOL 6758 NORTHSIDE HIGH SCHOOL ROAD ROANOKE, VA 24019 AUDITORIUM FOYER 9 19/21 17 105 PETERS CREEK GLEN COVE ELEMENTARY SCHOOL 5901 COVE ROAD ROANOKE, VA 24019 GYMNASIUM 9 19 17 106 GREEN HILL GLENVAR LIBRARY 3917 DAUGHERTY RD SALEM, VA 24153 MEETING ROOM 9 19 8 107 BENNETT SPRINGS MASONS COVE ELEMENTARY SCHOOL 3370 BRADSHAW ROAD SALEM, VA 24153 GYMNASIUM OR LIBRARY 9 21 8 108 WILDWOOD FORT LEWIS ELEMENTARY SCHOOL 3115 WEST MAIN STREET SALEM, VA 24153 GYMNASIUM 9 19 8 HOLLINS DISTRICT 201 PLANTATION SUMMERDEAN CHURCH 6604 PLANTATION ROAD ROANOKE, VA 24019 FELLOWSHIP HALL 6 23 17 202 BURLINGTON BURLINGTON ELEMENTARY SCHOOL 6533 PETERS CREEK ROAD NW ROANOKE, VA 24019 CAFETERIA 6 21 17 203 MOUNTAIN VIEW MOUNTAIN VIEW ELEMENTARY SCHOOL 5901 PLANTATION CIRCLE ROANOKE, VA 24019 GYMNASIUM 6 23 17 204 BOTETOURT SPRINGS LIFE CHURCH 7422 DEER BRANCH ROAD ROANOKE, VA 24019 ACTIVITY ROOM/FOYER 9 21 17 205 ORCHARDS BONSACK BAPTIST CHURCH 4845 CLOVERDALE ROAD ROANOKE, VA 24019 FELLOWSHIP HALL 6 23 17 206 HOLLINS HOLLINS LIBRARY 6624 PETERS CREEK ROAD NW ROANOKE, VA 24019 MEETING ROOM 6 23 17 WINDSOR HILLS DISTRICT 301 BENT MOUNTAIN BENT MOUNTAIN FIRE STATION 9606 BENT MOUNTAIN ROAD BENT MOUNTAIN, VA 24059 MAIN ROOM 9 19 8 302 POAGES MILL BACK CREEK ELEMENTARY SCHOOL 7130 BENT MOUNTAIN ROAD ROANOKE, VA 24018 GYMNASIUM 6 19 8 303 WINDSOR HILLS HIDDEN VALLEY HIGH SCHOOL 5000TITAN TRAIL ROANOKE, VA 24108 AUXILIARY GYMNASIUM 6 19 17 304 OAK GROVE OAK GROVE ELEMENTARY SCHOOL 5005 GRANDIN ROAD EXTENSION ROANOKE, VA 24018 GYMNASIUM 6 19 8 305 CASTLE ROCK CAVE SPRING BAPTIST CHURCH 4873 BRAMBLETON AVENUE ROANOKE, VA 24018 FELLOWSHIP HALL 6 19 8 306 GARST MILL THE BRAMBLETON CENTER 3738 BRAMBLETON AVENUE ROANOKE, VA 24018 ROOM 16/18 (ENTER THROUGH LEFT DOOR) 6 21 17 VINTON DISTRICT 401 SOUTH LINDENWOOD WILLIAM BYRD MIDDLE SCHOOL 2910 WASHINGTON AVENUE VINTON, VA 24179 CAFETERIA 6 19 17 402 BONSACK BONSACK ELEMENTARY SCHOOL 5437 CRUMPACKER DRIVE ROANOKE, VA 24019 GYMNASIUM 6 19 17 403 NORTH VINTON VINTON BAPTIST CHURCH 219 WASHINGTON AVENUE VINTON, VA 24179 GYMNASIUM 6 19 17 404 SOUTH VINTON CHARLES R HILL SENIOR CENTER 814 WASHINGTON AVENUE VINTON, VA 24179 MAIN ROOM 6 19 17 405 NORTH LINDENWOOD WILLIAM BYRD HIGH SCHOOL 2902 WASHINGTON AVENUE VINTON, VA 24179 CAFETERIA 6 19 17 406 MOUNT PLEASANT MOUNT PLEASANT ELEMENTARY SCHOOL 3216 MOUNT PLEASANT BOULEVARD ROANOKE, VA 24014 CAFETERIA 6 19 17 CAVE SPRING DISTRICT 501 COTTON HILL PENN FOREST ELEMENTARY SCHOOL 6328 MERRIMAN ROAD ROANOKE, VA 24018 CAFETERIA 6 19 8 502 PENN FOREST PENN FOREST WORSHIP CENTER 3735 CHAPARRAL DRIVE ROANOKE, VA 24018 FELLOWSHIP HALL 6 19 8 503 CAVE SPRING CHURCH OF THE HOLY SPIRIT 6011 MERRIMAN ROAD ROANOKE, VA 24018 FOYER/FELLOWSHIP HALL 6 19 8 504 OGDEN GREEN VALLEY ELEMENTARY SCHOOL 3838 OVERDALE ROAD ROANOKE, VA 24018 GYMNASIUM 6 21 17 505 CLEARBROOK CLEARBROOK ELEMENTARY SCHOOL 5205 FRANKLIN ROAD ROANOKE, VA 24014 CAFETERIA 6 19 17 506 MOUNT VERNON THE BRAMBLETON CENTER 3738 BRAMBLETON AVENUE ROANOKE, VA 24018 GYMNASIUM (ENTER THROUGH RIGHT DOOR) 6 21 17 507 HUNTING HILLS SOUTH COUNTY LIBRARY 6303 MERRIMAN ROAD ROANOKE, VA 24018 MEETING ROOM 6 19 17 ACTION NO. ITEM NO. D.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 7, 2021 AGENDA ITEM: Ordinance approving a permanent easement to Appalachian Power Company on a parcel owned by the Roanoke County Board of Supervisors (Tax Map Number 036.03-01-01.00- 0000) for the development of the Stormwater Operations Building at the Public Service Center (Due to the timeline from Appalachian Power, it is requested, upon a four -fifths vote of the Board, the second reading be waived and the ordinance adopted as an emergency measure) SUBMITTED BY: APPROVED BY: ISSUE: Doug Blount Director of General Services and Parks, Recreation Daniel R. O'Donnell County Administrator Ordinance approving a permanent easement to Appalachian Power Company on a parcel owned by the Roanoke County Board of Supervisors (Tax Map Number 036.03- 01-01.00-0000) for the development of the Stormwater Operations Building at the Public Service Center BACKGROUND: Roanoke County has developed a two-phase plan to replace the Public Service Center located at 1206 Kessler Mill Road, Salem Va. In the first phase of the plan, a new building is being constructed at the Fleet Service Center for the General Services Department on Hollins Road. In addition, a new shop building is being constructed at Green Hill Park for the West County Parks Crew and a Stormwater Operations Shop Building is being constructed in a higher elevation part on the existing Public Service Center parcel. During the first phase of the plan, three (3) properties were purchased next to the Fleet Center for General Services and Parks, Recreation and Tourism for operations and storage. The second phase of the plan has a building being constructed on Hollins Road next to the Fleet Center for Parks, Recreation and Tourism. Page 1 of 2 DISCUSSION: The design of the Stormwater Operations Shop Building places the new building on a higher elevation within the existing parcel located at 1206 Kessler Mill Road at the Public Service Center. The design of the building plans to use existing overhead electric power currently onsite. Appalachian Power Company has notified Roanoke County that two additional electric poles will be needed to establish permanent power to the Stormwater Operations Shop Building. The current construction of the new building is planned to be completed by the end of 2021. The easement will allow the placement of two new electric poles. The new poles are required for overhead electric service to the building. The location of the poles are in the flood zone so underground electric service is prohibited. The attached easement was drafted by Appalachian Power Company. Due to the time -frame for notification from Appalachian Power Company, staff is requesting this be approved by an emergency ordinance and to wave the second reading with a positive 4/5ths vote by the Board of Supervisors. FISCAL IMPACT: There is no fiscal impact to granting the easement; and a nominal fee of $1.00 is being paid by Appalachian Power Company for granting the easement. STAFF RECOMMENDATION: Staff recommends approval of the emergency ordinance and waiving of the second reading with a positive 4/5ths vote by the Board of Supervisors. Page 2 of 2 TAX ID or PARCEL NO. 036.03-01-01.00-0000 GRW 32 - UGOH - VA - CORP (Tax ID) - OmniForm Roanoke County Board of Supervisors PO Box 29800 Roanoke, VA 24018 Eas No. RAN Map No. 3780-204-B1 W.O. No. Job No. Prop. No. 1 Line Roanoke County Board of Supervisors Ext THIS AGREEMENT, made this day of September, 2021 by and between the Board of Supervisors of Roanoke County, Virginia, a political subdivision of the Commonwealth of Virginia, herein called "Grantor", and APPALACHIAN POWER COMPANY, a Virginia corporation, herein called "Appalachian", WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid to Grantor by Appalachian, the receipt whereof is hereby acknowledged, Grantor hereby grants, conveys, and warrants to Appalachian, its successors, assigns, lessees and tenants, a right of way and easement for an electric power line or lines, and communication lines, in, on, along, through, over, across or under the following described lands of the Grantor situated in the Catawba District, County of Roanoke, State of Virginia. Being a right of way and easement on the property of the Grantors identified as the Board of Supervisors of Roanoke County, Virginia Tax Parcel No. 036.03-01-01.00-0000 This easement extends in a westerly direction from Appalachian's existing overhead facilities numbered 204-7747 to and including new overhead facilities numbered 204-7750 Being a right of way easement for overhead distribution facilities, said right of way is to be constructed and installed as approximately shown on certain Appalachian Power Company Drawing Dated 11/3/2019 attached hereto and made a part hereof as Exhibit "A". TOGETHER with the right, privilege and authority to Appalachian, its successors, assigns, lessees and tenants, to construct, erect, install, place, operate, maintain, inspect, repair, renew, remove, add to the number of, and relocate at will, poles, with wires, cables, crossarms, guys, anchors, grounding systems and all other appurtenant equipment and fixtures, underground conduits, ducts, vaults, cables, wires, transformers, pedestals, risers, pads, fixtures, and appurtenances (hereinafter called "Appalachian's Facilities"), and string wires and cables, adding thereto from time to time, in, on, along, over, through, across and under the above referred to premises; the right to cut down, trim, clear, and/or otherwise control, and at Appalachian's option, remove from said premises, any trees, shrubs, roots, brush, undergrowth, overhanging branches, buildings or other obstructions which may endanger the safety of, or interfere with the use of, Appalachian's Facilities; the right to disturb the surface of said premises and to excavate thereon; and the right of ingress and egress to and over said above referred to premises, and any of the adjoining lands of the Grantor at any and all times, for the purpose of exercising and enjoying the rights herein granted, and for doing anything necessary or useful or convenient in connection therewith. It is understood and agreed between the parties hereto, that the Grantor reserves the right to use said lands in any way not inconsistent with the rights herein granted. TO HAVE AND TO HOLD the same unto Appalachian Power Company, its successors, assigns, lessees and tenants. THIS INSTRUMENT PREPARED BY AND UPON RECORDATION RETURN TO APPALACHIAN POWER COMPANY, P O BOX 2021, ROANOKE, VIRGINIA 24022 Page 1 51889R0209 It is agreed that the foregoing is the entire contract between the parties hereto, and that this written agreement is complete in all its terms and provisions. NOTICE TO LANDOWNER: You are conveying rights to a public service corporation. A public service corporation may have the right to obtain some or all of these rights through exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to eminent domain, you have the right to choose not to convey those rights and you could not be compelled to do so. You have the right to negotiate compensation for any rights that you are voluntarily conveying. IN WITNESS WHEREOF, Grantor has caused its corporate name and seal to be hereto affixed the day and year first above written. Board of Supervisors of Roanoke County, Virginia STATE OF ) To -wit: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by , of ,a (Notarial Seal If Applicable) My Commission expires: GRW 32 - UGOH - VA - CORP (Tax ID) - OmniForm Page 2 Notary Public / Commissioner Notary Registration # - (For Va. Only) EXHIBIT "A" DHETO INST. UG SVC IN CUST. CONDUIT WI UG RWR #78450409 INST. NEW 1NLINE POLE #2134- ` 7747 Wi 3-65T F SE BNK, INST. OH SPAN GUY WI STUB POLE ACROSS RD. & OH 3PH LINE NEW EIJI_DING #244-7150 INST. NEW POLE #'S 204- 7749 & XFMR POLE #204- 7150 WI 3-25KVA 120-208 BNK AT STAKED LOC. #204-1024 #204-7748 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 7, 2021 ORDINANCE APPROVING A PERMANENT EASEMENT TO APPALACHIAN POWER COMPANY ON A PARCEL OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NUMBER 036.03-01-01.00-0000) FOR THE DEVELOPMENT OF THE STORMWATER OPERATIONS BUILDING AT THE PUBLIC SERVICE CENTER WHEREAS, Roanoke County has developed a two-phase plan to replace the Public Service Center located at 1206 Kessler Mill Road; and WHEREAS, as part of the plan, a new Stormwater Operations Shop Building is being constructed in a higher elevation on the existing Public Service Center parcel; and WHEREAS, the new building requires new electric poles to provide electric service; and WHEREAS, Appalachian Power Company has agreed to install the new electric poles, and requests an easement as shown on a drawing dated 11/3/2019 attached to the draft easement by Appalachian Power Company; and WHEREAS, due to the time -frame for notification from Appalachian Power Company, and the County's need for Appalachian Power Company's services, staff has deemed this to be an emergency; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and disposition of real estate be authorized only by ordinance; and WHEREAS, the first reading of this ordinance was held on September 7, 2021; and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of the members of the Board, this being deemed to be an emergency measure pursuant to Section 18.04 of the Roanoke County Charter; and Page 1 of 2 NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provision of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for conveyance of an electric line easement to Appalachian Power Company. 2. That the County accepts and appropriates the payment of $1.00 as fair market value compensation for this electric line easement. 3. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on a form approved by the County Attorney. 4. An emergency is deemed to exist, and this ordinance shall be effective upon its adoption. Page 2 of 2 ACTION NO. ITEM NO. D.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 7, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Ordinance amending Roanoke County Code Chapter 15 for Parks and Recreation Doug Blount Director of General Services and Parks, Recreation Daniel R. O'Donnell County Administrator Ordinance to amend Roanoke County Code Chapter 15, Parks and Recreation, otherwise referred to as the "Park Ordinance". BACKGROUND: Chapter 15, referred to as the "Park Ordinance" was established in 1989 to regulate conduct in public parks in Roanoke County. Since 1989, there have only been two revisions to the Park Ordinance. Select revisions were made to Chapter 15 in 2008 and an amendment to permit the limited use, consumption, or possession of alcoholic beverages at specific Roanoke County facilities was made in 2013. DISCUSSION: An update to the Park Ordinance is necessary in order to reflect the many changes in outdoor recreation which have occurred over the last 10 years, 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. The process for review and recommendation for updating the Park Ordinance has taken place over the last 18 months. Staff have communicated with citizens as well as stakeholders throughout the review process, and have also including the Parks, Recreation and Tourism Advisory Commission. Page 1 of 4 A summary of the proposed changes is as follows: Proposed changes to entire chapter: 1. Minor grammatical, formatting, and basic outdated language changes or additions. 2. General changes as a result of the merger to the Department of General Services and Parks, Recreation and Tourism. Proposed changes to Section 15-2 - Definitions 1. Definitions added for "electric power -assisted bicycles" (e-bikes), and for the three classes of e-bikes to mirror the Virginia Code. Amended Section 15-6(10), allows "class one" and "class two" e-bikes in all County recreational areas where traditional bicycles are allowed, but prohibits "class three" e-bikes. 2. Definitions added for "trail" and "shared -use path," including a provision clarifying that "greenways" fall under the definition of "shared -use path" (all mirroring definitions included in the Virginia Code). 3. Removal of all definitions relevant to "public gatherings," and removal of the current "public gatherings" section altogether. The County Attorney's Office will propose a new "public gatherings" ordinance as a future project that will apply to all County -owned property, and not solely to recreational areas. Proposed changes to Section 15-5 - Park Property 1. Consolidation of the current Section 15-6 (pertaining to sanitation), and inclusion of it in this section for uniformity (i.e. pollution of park waters and handling of rubbish and waste, as both are relevant to the protection of park property). 2. Removal of the "climbing tree" subsection. Disturbing a tree (a natural resource) remains unlawful under amended Section 15-5(3). Proposed changes to Section 15-5.1 - Public Trees 1. Simplification of the standards to be considered by Roanoke County's tree committee. Now, trees on County property may be pruned or trimmed "in accordance with reasonable industry standards, as determined by the tree committee." Therefore, our tree committee can determine which standards or publication to use in their considerations, and would not require an amendment to this subsection each time a publication is revised. 2. The revised ordinance will give the Director discretion to appoint three (3) members to the Roanoke County tree committee. Proposed changes to Section 15-6 - Traffic and Vehicle Use Page 2 of 4 1. Consolidation of both manned and unmanned aircraft provisions into one "aircraft" subsection, and the addition of language prohibiting the launching or landing of any manned or unmanned aircraft (including drones) in County parks, unless authorized by a permit from the Director. 2. Simplification of language in the provision regulating conduct of bicyclists, and a prohibition against "class three" e-bikes. Proposed changes to Section 15-7 - Prohibited Uses of Parks 1. Removal of the provision prohibiting solicitation of contributions in County parks, as it conflicts with the constitutional right to freedom of speech. 2. Consolidation and relocation of the "concessions" provision in this section (without making any substantive changes), and removal of the current Section 15-9 pertaining to public meetings which will be addressed in a future "public gatherings" ordinance. Proposed changes to Section 15-8 - Behavior 1. The provision banning domestic animals from special events, food and beverage areas, and streams within County parks has been removed. Proposed changes to Section 15-9 - Park Operating Policy 1. Parks shall be open to the public every day of the year from one-half (1/2) hour after daylight to one-half (1/2) hour after sunset, with the following exceptions: a. Park facilities with illuminated athletic field lighting shall be open to the public from one-half (1/2) hour after daylight to 11:00 p.m.; b. Park facilities with special hours of operation, when such special hours of operation are posted thereon; and c. Select exceptions after receiving special permission from the Director or his or her designee. This provision does not apply to Explore Park. These changes would go into effect immediately should they be approved. Publication of new park rules signs has been deferred for the last two (2) years due to the need for updates to the Park Ordinance. Many of the signs are faded and have been budgeted to be replaced through the department's capital maintenance program. Over the next six (6) months, new signage will be installed at each park. Page 3 of 4 FISCAL IMPACT: There is no fiscal impact. STAFF RECOMMENDATION: Staff recommends approval of the first reading of the ordinance and setting second reading and public hearing for September 21, 2021. Page 4 of 4 Chapter 15 - PARKS AND RECREATION 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 hours means the hours each day that a park is closed in accordance with section 15 91-1-(a) of this chapter until 6:00 a.m. thc following day. County is the County of Roanoke, Virginia. Department when used hereinafter is defined as the dDepartment of General Services and pParks, cRecreation and (Tourism for the GCounty of Roanoke. Director means the dDirector of thc dcpartmcnt of pGeneral Services and Parks, Recreation and (Tourism for the County of Roanoke and includes any person whom the 8Director designates to act for the Director hereunder. Electric power -assisted bicycle means 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; (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 (3) "Class three" 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 the speed of twenty- eight (28) miles per hour. Page 1 Organized use means use by any team, club, or league for practices, games, events, or activities. Park means all property owned, maintained, or operated by the County for public recreational use. nether -areas, now ^r in future-ooppeerratec a stained ;e county department of parks, rccr , timot^„riem are defined-te-r can pa k� ^fie lagoons, water arcas, and submerged lands, and all public service facilitics located on or in grounds, waters, buildings and structures in thc county which are under the control of recreation and tourism and including property of thc Roanokc County School Board. Park attendants means all full-time employees of the 4Department of General Services and pParks, iRecreation and tTourism and any part-time or temporary employees of the Ddepartment specifically authorized in writing by the 4Director to enforce the requirements of this chapter. Parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. Permit is any written license issued by or under the authority of the Ddirector permitting the performance of a specified act or acts. Person is any person, firm, partnership, association, corporation, company or organization of any kind. Police officer means all officers of the Roanoke GCounty p.Police 4Department, including the GChief of.Police, and all properly trained and deputized law enforcement officers of the Roanoke County &Sheriff's 4Department and any law enforcement officer legally empowered to issue warrants of arrest or summons within the &County of Roanoke. Public gathering includcs demonstrations, picketing, speechmaking, vigils, parades, ccrcmonics, meetings, rallies, entertainment, games, shows, conccrts, picnics and all other forms of public assembly. Shared -use path means 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 other nonmotorized users. "Greenways" qualify as shared -use paths as defined in this section. Smoke or sSmoking means the carrying or holding of any lighted or activated pipe, cigar, or cigarette of any kind (including electronic cigarettes), or any other lighted Page 2 smoking equipment, or the lighting, inhaling, or exhaling of smoke from a pipe, cigar, or cigarette of any kind (including electronic cigarettes). Special event means a program, tournament or other event scheduled for specified hours or days involving the participation of the Ddepartment or written approval of the 4Directo r. Trail means 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. Vehicle means every any device in, upon, or by which any person or property may be transported upon a highway, except devices othcr than bicycics moved by human power. Bicycles and electric power -assisted bicycles do not qualify as vehicles as defined in this section. Waters means 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, iRecreation and tTourism established; position of D4irector created. A dDepartment of General Services and GParks, -Recreation and (Tourism is hereby established and the position of dDirector of General Services and Parks, Recreation and Tourismof such department is hereby created. Sec. 15-4. opefatipn-sResponsibilities of the Department of General Services and Parks, Recreation and Tourism. The dDepartment of General Services and jaParks, Recreation and Ttourism shall conduct the recreation programs of the GCounty1 and all park operations as directed by the laBoard of eSupervisors or the GCounty aAdministrator. Sec. 15-5. Park property. No person in a park shall: ((1) Property: al) 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 other boundary markers, or other structures, equipment, facilities or park property or parts thereof, either real or personal. Page 3 (2) 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 thc opposite scx, cxccpt a child in thc Use of any device or equipment for taking any photographic image or likeness in any restroom, locker room or washroom is prohibited. Minors under the age of five (5) years of age shall be accompanied by an adult while in restrooms and washrooms. (e3) Disturbance and removal of natural resources. Dig, disturb or 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 agency in any park unless given specific authorization to do so by the Director or his or her designee. (44) Erection of structures. Construct or erect any building structure or utility service of whatever kind, whether permanent or temporary in character, in any park cxccpt by specific writtcn permit issucd hcrcundcr. unless given specific authorization to do so by the Director or his or her designee. Tents shall not be connected or fastened to any piece of park property or natural resource within the park, unless specifically authorized by the Director or his or her designee. Tents erected within a park shall otherwise comply with all applicable laws and regulations. (54) 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 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. Damagc, cut, carve, transplant or rcmovc any trcc or plant or injurc thc bark, or pick thc flowers or sccds of any trcc or plant; nor Page 4 (3) attach any ropc, wirc, or othcr contrivancc to any trcc or plant; or dig in or otherwise disturb grass arcas, or in any other way injure or impair the natural beauty or ucefulnecc of any area b. Climbing trees, etc. Climb any trcc or walk, stand, sit or attach any ropc or cablc or othcr contrivancc upon monumcnts, vascs, fountains, railings, fences or i ipon any other property not designated or ci istomarily i icon for such purposcs. Wild animals, birds, etc. a. Hunting. Hunt, molcst, frightcn, kill, trap, chase, tease, shoot, or throw mmissil at an i animal rep e or bird; nor shall any peG son rye oroc in his posacssion thc young of any wild animal, or thc cggs or ncst, or young of any reptile or bird Ceeding Give or offer or attempt to give to any anim alcohol or othcr 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 CGounty 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 -height shall be the tree trunk diameter measured in inches at a height of four and one-half (4.5) feet above the ground. Dripline shall mean a vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground. Invasive alicn plant species shall be thosc spccics currcntly listcd by thc statc dcpartmcnt of conscrvation and rccrcation. Public property shall include all lands owned by the sCounty, including but not limited to public parks and property of other GCounty 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. Page 5 Public utility company shall 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. Topping is defined as the severe cutting back of limbs to stubs within the a tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Tree shall mean any self-supporting woody plant, usually having a single, main woody trunk and producing a more or less distinct and elevated head with many branches. For the purposes of this section, a tree shall have a diameter -at -breast -height of four (4) inches or more. Tree committee shall mean the committee appointed by the county administrator Director to develop uniform standards for implementing the provisions of this section. (c) Applicability. This section provides full power and authority over all trees located on public property. (d) L Authorization required. (1) 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_. excep r ini�ye on plant specie �e above Inyaciye alicn plant spccics may be rcmovcd. (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 GCounty. (c) 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 any tree or shrub on 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 any tree or shrub on public property. (f) Protection of trees. Trees that are to remain after construction of public buildings, facilities, driveways, roads, utilities or other below or above Page 6 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 as decided 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 GCounty 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 -County water and sewer utility facilities. (3) cd. All trees on public property shall be pruned or trimmed only in accordance with reasonable industry thc standards, as determined by the tree committee cstablishcd by thc National Arborist Association, cntiticd "Pruning Standards for Shadc Trccs," as rcviscd in 1988. This includes all public utility companies and GCounty departments or their subcontractors involved in maintenance on GCounty property or easements. (4}de. It shall be unlawful for any person, firm, or GCounty department to top any tree on public property, 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) L Enforcement. The tree committee shall have the general powers and duties to: (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. Page 7 4)-c. Require the preparation of a tree protection plan for GCounty construction projects, when deemed appropriate and necessary. (11) d. Administer the provisions of this articicsubsection. Sec. 15 6. Sanitation. No person in a park shall: (1) Pollution of watersPollution of waters. Throw, discharge, place or causc to be placcd, in thc watcrs of any fountain, pond, lakc, strcam, bay or othcr body of water in or adjacent to any park or in any t utar,strea to-rm se r r d m flowing into such watcrs, any substancc, mattcr or thing, whcthcr liquid or solid, which produccs, or may result in, thc pollution or littcring of said waterswhich will or may result in the pollution or littering of said waters. (2) Rubbish and rcfusc mattcrRubbish and wastc. Bring in or dump, lay, cast, drop, dischargc, deposit or leave any bottles, broken glass, ashes, cinders, paper, boxes, cans, dirt, rubbish, waste, garbage, refusc, construction debris, homc applianccs, furniturc and similar discardcd itcms, or any othcr trash. No such rubbish or rcfusc matcrialswastc shall be placcd in any watcr in or contiguous to any park, or Icft anywhcrc on thc grounds thcrcof, but shall be placcd in thc proper receptacles where these are provided• at Iocafions where receptacles are not so �nark by person ro on i-ble for its presence and properly disposed of cr-rr� c�-r-rc�vrr�rxTc-rc�--rc��rca clscwhcr Sec. 15-67. Traffic and vehicle use. No person in a park shall: (1) Motor vehicle laws apply. Fail to comply with all applicable provisions of the Sstate and GCounty 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 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 GCounty may designate, by posted signs, for other speed limits. Page 8 (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, ctc Off road vehicles, etc. Operate in any park nr recreation area snowmobiles, hovercraft, minibikes, pocketbikes, motorcycles, go-carts, all - terrain vehicles (ATVs. , golf carts, mopeds or any other off road vehicles, except in areas specifically designated by the Ddirector for such use. (7) Aircraft. Launch or land any manned or unmanned aircraft, including (8 ) 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. Trucks and commercial vehicles. Shall °Operate 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 Director. (94) Parking. a. Designated areas. Park a vehicle in othcr than anywhere except in an established or designated area, except as shall bc 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. (10Q) Bicycles. a. Confincd to roads. Ridc a bicycle on othcr than a vehicular road or path designated for that purpose. A bicyclist shall bc permitted to wheel or push to by hand Ove-r a-4j/ g-r-a SS reserved for pedestrian use. ccats. bicycle in plane oter than bicycle rack when such is provided and thcrc is a space available. When riding a bicycle or electric power -assisted bicycle, a rider 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 and class two electric Page 9 power -assisted bicycles may be ridden in places where bicycles are allowed. Class three electric power -assisted bicycles are prohibited. Sec. 1547. 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, promotional purposes or for purpose of attrac g attention prvrrry �r�vr rr��v-raccrcrc c�crcccrrcrvrrto--an-y exhibit, show, performancc or othcr display unless expressly authorized through permit by the Ddirector pursuant to section 15 11(c). ntrih � c } i i ns far any p irpose (3) Bathing and swimming. aa. Designated areas. No person in a park shall @swim, bathe7 or wade in any waters or waterways that have been designated and posted by the Director as prohibited swimming areas. in any park, cxccpt in such watcrs and in such placcs as arc providcd thcrcforc, and in compliance with such requirements as are herein set forth or may be hcrcinaftcr adopted. Nor shall an„ person frequent an„ waters or place customarily dcsignatcd for thc purpose of swimming or bathing or congregate thereat whcn such activity is prohibitcd by thc dDirector upon a finding that such use of the waters would be dangerous to public health, safety or welfare. lab. Certain hours. No person in a park shall uljse or remain upon any waters or places designated for the purpose of swimming or bathing, or congregate thereat, except during such hours of the day as shall be designated by the Ddirector for such purposes for each individual area. such bathing houses or structures as may be providcd for that purpose. (43) Boating. aa. Designated areas. No person in a park shall operate or occupy any boat, raft or other watercraft, whether motor powered or not, upon any waters that have been designated as posted by the Director as prohibited boating areas. cxccpt at placcs dcsignatcd for boating by h direGto1. `uo n6ti-1/2441-6-1:14l be in accordance with applicable Page 10 rcgulations as arc now or ma hcrcinaftcr be adoptcd by the dDepartment. b 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. cs. Prohibition during closed hours. No person in a park shall Llaunch, dock, operate or remain on or in any boat, raft, or other watercraft of any kind on any waters during the closed hours or except during such hours as shall be designated by the Director for such purpose. (54) ) Fishing. aa4-.- Commercial fishing. No person „--r-a- par kshall Commercial fishing, bbuyingy or sellin fish caught in any park waters-4s forbiddcn. 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. cxccpt in such watcrc thcrcof as havc been dcsignated by the director for that use and under such rcgulations and restrictions as havc bccn prcscribcd by said dircctor. (65) ) Hunting and firearms. No person in a park shall #hunt, trap or pursue wildlife at an„ time. Trapping may be authorized, by permit, when it is deemed by the Director that said activity is in the best interest of public health, safety and/or welfare. No person shall within a park use, carry or posscssbrandish or discharge any firearms, ammunition or combinations thereof-asac s i-bit statute,or air rifles, spring guns, pellet guns, paintball guns, bow and arrows, slings or any other forms of weapons 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 dcvicc. Shooting into park areas from beyond park property boundaries is forbidden. —_The D8irector 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 GCounty managed activity. ((- ) Picnic areas and use. a. aRegulated. Picnic in a place other tht se desi-g-n-atec that purposc. 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. Page 11 No visitor shall fail to Visitors shall comply with any directions given by park attendants to achieve this end. b. Availability. Peen a park shal serve -tax. policy thateof the individual fircplaccs as wcll as tTables, and benches and cooking grills are available for use on a shall follow the rule of "first come, first served" bBasis, unless previously reserved. c. GDuty of picnicker. Lcavc a picnic arca before the firc is completely tinguished 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. 4Nonexclusive. 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 shelters only may be obtained only by paying a fee, as determined by the D4epartment of parks, rccr ^tion and tourism for exclusive use during said time period. Permits will-1214-y be 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 4Department of pParks, rRccrcation and tTourism. (g7) ) AAthletic fields. In order to minimize excessive wear of athletic fields, Usc any Roanoke County owned or maintained ball athletic fields shall should not be used for organized use unless the users have first until first sccuring secured a field rental contract for ficld use from the GI -Department. This rcquircmcnt applics to all sanctioncd or non-sanctioncd 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 nor' sanctioned t m or organized group using any such ball athletic field. Camping. No person in a park shall Sset up a tents, shacks or any other temporary shelter for the purpose of camping, without a permit from the dDirector. Unless a permit has been obtained from the Director, 1;4:luring closed hours, no person shall leave in a park any equipment, Page 12 structure or vehicle to be used or that could be used for such purposcs camping, such as a house trailer, camp trailer, camp wagon or the like. (10) Gamcs. Takc part in or organizc any rccrcational activity or thc playing of any gamcs, including but not limitcd to golf, cxccpt in arcas sct apart thcrcfor(449)—) Horseback riding. No person in a park shall -ride, drive or lead a horse except on park drives or trails, as designated by the 4Director. 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 orand shrub. No hoofed animals will be allowed on turf ar asoutside designated riding areas. (10) Missiles) Missiles and fireworks. No person in a park shall Gcarry, shoot, fire, explode or throw any fireworks, firecrackers, rockets, torpedoes or missiles of any kind in any park without a permit from the 4Director. (4-311) —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 Director; 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 photographers or commercial media coverage. (1'I) Rcmotc control planes. Operatc a rcmotc control planc, glidcr, or motor propcllcd aircraft in any park without a permit from thc dircctor. Sec. 15 9. Meetings and concessions. No person shall: (1) Hold or take part in any public meeting or event, religious, political, charitable or othcrwisc, including picnic partics and cntcrtainmcnt for charitablc or rcligious dircctor. Such asscmblagcs shall be conductcd in a lawful and ordcrly manncr and shall occ py s ch groi Inds and facilities oc may be assigned fo or reserved for an can thcm. (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 except by concessionaires under contract with the GCounty or by nonprofit, charitable or religious groups, authorized by permit from the 4Director. Sec.15-818. Behavior. No person in a park shall: Page 13 (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 ai ithorized hey 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 Title 4.1 of the Code of Virginia, 1950, as amended, or permitted by nand as authorized permit issucd by the D4irector. (3) Smoking. Smoke inside a public building. (44) ) -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 dery or other domestic animal into a park i unless carri wed b y a chain strap or rope or k t in a wagon ai i chile or other vurrT , cc , , vrrce�c�rr-a-v�a9c'Tr-acr vchicic by chain, ropc or strap. Dogs, cats or othcr domcstic animals shall not be ptted to e♦-}ter an y lake pond fountain swimming pool stream eciiaal event areas and toy irnaments hall fields or food and beverage concession areas within an y park or recre•a- n area. Servyce� dal eexcluddezd fromrrt�he provisions oft Sreg lllaation All domes is animal wact ��f in as proper manncr (i.c. scooper or plastic baggic) by owncr. working animals or pcts includc, but arc not limitcd to, dogs, cats, horscs, rcptilcs or other animals that are present at a especial eEyent other than for the express pi it e-of assisting an indiyidi ial with .aabilit excludes are se animals or pcts which arc an attraction and/or a part of the spacial avant. (45) ) Fires. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the 4Director. 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. Page 14 (56) ) Closed areas. Enter an area posted as "Closed to the Public" or "No Trespassing," or othcrwisc "closcd" in accordancc with scction 15 11(b) of this chaptcr. 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. (8) ) 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, or engaging in violent or turbulent behavior; b4. Making unreasonable noise or offensively coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person; CG. 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 and reasonable purpose of the offender; e. 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 permit& from 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, permittcd by under the authority of a permit. Sec. 15449. Park operating policy. (al) ) Hours. Parks shall be open to the public every day of the year from one-half ('/2) hour after daylight 6:00 a.m. to one-half (%) hour darkbeforc after sunset, cxcept with the following exceptions: Page 15 a. P.park facilities with outdoor illuminated athletic field lighting shall be open to the public from one-half ('/2) hour after daylight to 11:00 p.m.; b. Park facilities with special hours of operation. which when such special hours of operation areshall be posted thereon—; and c. Select exceptions after receiving sSpecial writtcn permission from the 4Director or his or her designee. is regi aired for an„ persons to remain in any park area of tcide rem filar open hog firs Explore Park hours of operation shall be exempt from this provision. (2) ) Closed areas. Any section of any park may be declared closed to the public by the 4Director 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 4Director shall find reasonably necessary. (e3) ) Permit. A permit shall be obtained from the Ddirector before participating in a park activity prohibited by the rules set forth in this chapter;. (1) a. Application. A person seeking issuance of a permit hereunder shall file an application with the 4Director. The application shall state: tThe name and address of the applicant; the name and address of the person, persons, corporation or association sponsoring the activity, if any; the namc, addre& and cffcctivc contact information for Foncible indi„idual for si ch permit; the day and hours for which the permit is desired; an estimate of the anticipated attendance; any other information which the 4Director shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder. (2) b. Standards of issuance. The 4Director may issue a permit hereunder when he finds: tlhat 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 County Police 4Department or other operation by the oCounty; that the facilities desired have not been reserved for other use at the day and hour required in the application. Page 16 ¢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 -and Aany aggrieved person shall have the right to appeal in writing within five (5) days to the assistant County Aadministrator, or his or her designee, 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 CGounty Aadministrator, or his or her designee, 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 issuedand shall (6) f, harmless from any claim judgment or award for damages or other 0 legal relief of any nat ire whether as a reed ilt of larval or administrative action. Revocation. The Ddirector shall have the authority to revoke; or otherwise modify- a permit upon finding a violation of the permit conditions, any rule or ordinance, or upon good cause shown. Reasonable efforts shall be made by the Ddepartment to promptly notify the holder of the revoked or modified permit of the D4irector's actions. Sec. 154210. Fines and penalties. (a) Unless a more severe punishment is specifically provided for under state law which shall then be applicable to a violation of this chapter, a violation of any provision of this chapter shall constitute a class 4 misdemeanor,; provided that nothing herein contained shall limit the authority of the court to order restitution for the benefit of the CGounty as a result of any damage or abuse to property subject to this chapter. (b) That any provision of the County Codc not spccifically amcndcd or rcpcalcd abovc shall rcmain in full forcc and cffcct as adoptcd. (c) This chaptcr shall be in full forcc and cffcct from and aftcr its passagc. Page 17 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 7, 2021 ORDINANCE AMENDING 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, County staff have worked 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 THEREFORE BE 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 1 of 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 hours means the hours each day that a park is closed in accordance with section 15 91-1-(a) of this chapter until 6:00 a.m. the following day. County is the County of Roanoke, Virginia. Department when used hereinafter is defined as the dDepartment of General Services and pParks, Recreation and fTourism for the GCounty of Roanoke. Director means the dDirector of the department of pGeneral Services and Parks, Recreation and (Tourism for the County of Roanoke and includes any person whom the GI -Director designates to act for the Director hereunder. Electric power -assisted bicycle means 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; (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 (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 2 of 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 use means use by any team, club, or league for practices, games, events, or activities. Park means all property owned, maintained, or operated by the County for public recreational use. and other areas now or in the f„t, ire operated and maintained by the county department of parks, recreation and tourism are defined to mean parks, public lands pla„grounds recreation fields and facilities, museums, buildings, lakes, streams, rccrcation and tourism and including property of the Roanokc County School Board. Park attendants means all full-time employees of the dDepartment of General Services and.pParks, Recreation and 4Tourism and any part-time or temporary employees of the D4epartment specifically authorized in writing by the 4Director to enforce the requirements of this chapter. Parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. Permit is any written license issued by or under the authority of the D4irector permitting the performance of a specified act or acts. Person is any person, firm, partnership, association, corporation, company or organization of any kind. Police officer means all officers of the Roanoke GCounty f4Police €dDepartment, including the GChief of pPolice, and all properly trained and deputized law enforcement officers of the Roanoke GCounty 6Sheriff's dDepartment and any law enforcement officer legally empowered to issue warrants of arrest or summons within the GCounty of Roanoke. Public gathering includcs demonstrations, picketing, speechmaking, vigils, parade, ccrcmonics, meetings, rallies, entertainment, gale, shows, concerts, picnics and all othcr forms of public assembly. Shared -use path means 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 other nonmotorized users. "Greenways" qualify as shared -use paths as defined in this section. Page 3 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. Smoke or sSmoking means the carrying or holding of any lighted or 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 event means a program, tournament or other event scheduled for specified hours or days involving the participation of the Ddepartment or written approval of the 4Director. Trail means 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. Vehicle means cvcry any device in, upon, or by which any person or property may be transported upon a highway, except devices othcr than bicycles moved by human power. Bicycles and electric power -assisted bicycles do not qualify as vehicles as defined in this section. Waters means 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 jParks, iRecreation and tTourism established; position of Ddirector created. A dDepartment of General Services and -pParks, -Recreation and fTourism is hereby established and the position of 4Director of General Services and Parks, Recreation and Tourismof such department is hereby created. Sec. 15-4. Responsibilities of the Department of General Services and Parks, Recreation and Tourism. The dDepartment of General Services and.pParks, Recreation and Tfourism shall conduct the recreation programs of the GCounty, and all park operations as directed by the f}Board of sSupervisors or the County aAdministrator. Sec. 15-5. Park property. No person in a park shall: ((1) Property: al) 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), Page 4 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. monuments, stakes, posts,- or other boundary 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 nor c�hall any percon ov the age of five (5) y rc i ice rectroomc use�,T�,��e�mti. ea,�-,� �� and washrooms dcsignated for the opposite sex, except a child in the company of a parent „r „ther cuctodial individual. Use of any device or equipment for taking any photographic image or likeness in any restroom, locker room or washroom is prohibited. Minors under the age of five (5) years of age shall be accompanied by an adult while in restrooms and washrooms. (e3) Disturbance and removal of natural resources. Dig, disturb or 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 agency in any park unless given specific authorization to do so by the Director or his or her designee. (44) Erection of structures. Construct or erect any building structure or utility service of whatever kind, whether permanent or temporary in character, in any park cxccpt by cpccific writtcn permit issucd hcrcundcr. unless given specific authorization to do so by the Director or his or her designee. Tents shall not be connected or fastened to any piece of park property or natural resource within the park, unless specifically authorized by the Director or his or her designee. Tents erected within a park shall otherwise comply with all applicable laws and regulations. (54) 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 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. Page 5 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. (2) Trees, shrubbery, lawns. plant or injurc thc bark, or pick thc flowcrs or sccds of any trcc or plant; nor othene,ice list„rb grac c area er in tent' othcr way injurc or impair the natural bcauty or uscfulncss of any arca. b. Climbing trees, etc. Climb any trcc or walk, stand, sit or attach any ropc or cablc or othcr contrivancc upon monumcnts, vascs, fountains, railings, fences or ,,non any other property not designated or customarily ,icon for such purposcs. (3) Wild animals, birds, etc. a. Hunting. Hunt, molcst, frightcn, kill, trap, chase, tease, shoot, or throw missile tt any animal rep e or bird; nor shall pp acne oye or have inin hips poocccLe__scsion young of an y e iild animal or the Beggs or nest or yo ng of any reptile or bird. b. Feeding. Givc or offcr, or attcm alcohol or othcr known noxious substancc. 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 CGounty by protecting trees and by minimizing the loss of tree coverage on public properticsproperty. (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 -height shall be the tree trunk diameter measured in inches at a height of four and one-half (4.5) feet above the ground. Dripline shall mean a vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground. Invasive alien plant spccics shall be thosc spccics currcntly listcd by thc statc dcpartmcnt of conscrvation and rccrcation. Page 6 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. Public property shall include all lands owned by the cCounty, including but not limited to public parks and property of other GCounty buildings and facilities, and includes all greenway easements donated to or owned by the CGounty. The term "public property" shall exclude public streets and public utility, drainage and storm water easements and county water and sewer easements. Public utility company shall 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. Topping is defined as the severe cutting back of limbs to stubs within the a tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Tree shall mean any self-supporting woody plant, usually having a single, main woody trunk and producing a more or less distinct and elevated head with many branches. For the purposes of this section, a tree shall have a diameter -at -breast -height of four (4) inches or more. Tree committee shall mean the committee appointed by the county administrator Director to develop uniform standards for implementing the provisions of this section. (c) 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_. nont for inyaciye alien plant cpeciec ac d nod abovo Inyacive �x�cFr�rvrmvcr.T^ir�aTr caTCT-��.rae�rrcc alien plant species may be rcmovcd. (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 eCounty. (e) 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 7 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. (f) L any tree or shrub on 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 any tree or shrub on public property. 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 as decided 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 GCounty 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 GCounty water and sewer utility facilities. (3) cd. All trees on public property shall be pruned or trimmed only in accordance with reasonable industry the standards, as determined by the tree committee cstablishcd by the National Arborist Association, entitled "Pruning Standards for Shade Trees," as rcviscd in 1988. This includes all public utility companies and GCounty departments or their subcontractors involved in maintenance on GCounty property or easements. f4)-be. It shall be unlawful for any person, firm, or GCounty department to top any tree on public property, 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. th Enforcement. The tree committee shall have the general powers and duties to: Page 8 of 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. {�}c� Require the preparation of a tree protection plan for GCounty construction projects, when deemed appropriate and necessary. (�) d. Administer the provisions of this articicsubsection. Sec. 15 6. Sanitation. No person in a park shall: (1) Pollution of watersPollution of waters. Throw, discharge, place or causc to bc placcd, in thc watcrs of any fountain, pond, lakc, strcam, bay or othcr body of flowing into such watcrs, any substancc, mattcr or thing, whcthcr liquid or solid, which produces, or may result in, the pollution or littering of said watcrswhich will or may result in thc pollution or littcrinq of said watcrs. (2) Rubbish and refuse mattcrRubbish and wastc. Bring in or dump, lay, cast, drop, dischargc, dcposit or Icavc any bottics, brokcn glas , ashcs, cindcrs, paper, boxcs, cans, dirt, rubbish, waste, garbage, refusc, construction debris, homc applianccs, furniturc and similar discardcd itcms, or any othcr trash. No such rubbish or rcfusc matcrialswastc shall bc placcd in any watcr in or contiguous to any park, or Icft anywhcrc on thc grounds thcrcof, but shall bc placcd in thc proper receptacles where thcsc are provided; at locations where receptacics are not so provided .III c ch ri bbish nr ref se matorialcwac�.�ll be carried .�n a y from prcro-rcrccr,-crn-acic�rrcmnrm�rrcrz.-rn—rrrcrccrrcrrstivcrr uirpc-acrrrrcc t-Isis r y the p ons fG s pprev nce and properly disposed of clscwhcr �"� Sec. 15-67. Traffic and vehicle use. No person in a park shall: (1) Motor vehicle laws apply. Fail to comply with all applicable provisions of the Sstate and GCounty 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 9 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. (3) the provisions of these requirements and such supplementary regulations as may be issued subsequently by the D4irector. 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 County 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 tcmporary parking arcas by the dDirector. (6) ATVs, ctc Off road vehicles, etc. Operate in an„ nark or recreation area snowmobiles, hovercraft, minibikes, pocketbikes, motorcycles, go-carts, all - terrain vehicles (ATVsl, golf carts, mopeds or any other off road vehicles, except in areas specifically designated by the D4irector for such use. (7) Aircraft. Launch or land any manned or unmanned aircraft, including (8) 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. Trucks and commercial vehicles. Shall ()Operate 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 D4irector. (98) Parking. a. Designated areas. Park a vehicle in other than anywhere except in an established or designated area, cept 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 10 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. (10t) Bicycles. a Confin �.,., Y,.,,,,,�,., Rides o r than a vehicular road or pathh �T�u� �ti-F��crn�-i--c�P dcsignatcd for that purposc. A bicyclist shall be permittcd to whccl or push to by hand over any grassy or wooded trail or any paved area rcscrvcd for pcdcstrian usc. b. Designated racks. Leave ^bicycle in ^ place th r han ^ bicycle r^^I, ,^," such is providcd and thcrc is a spacc availablc. When riding a bicycle or electric power -assisted bicycle, a rider 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 and class two electric power -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) Posting or leaving papers or materials. No person in a park shall Ppost, paint, affix, distributc, handout, dclivcr, place, cast or leave about any poster, paper, or other materialsbill, billboard, placard, ticket, handbill, circular or advertisement; display any flag, banner, promotional purposes or for the purposc of attracting attcntion to any exhibit, show, performancc or othcr display unless expressly authorized through permit by the Ddirector pursuant to scction 15 11(c). (3) Bathing and swimming. aa. Designated areas. No person in a park shall @swim, bathe,- or wade in any waters or waterways that have been designated and posted by the Director as prohibited swimming areas. in any park, cxccpt in cue a'ters and in c�ch placecas .pro provided th ro an T compliance with such requirements as are herein set forth or may be hereinafterto Nr-Nor chaII p e n .e ercrs or places �t arily designated for purpose of swimming or bathing or congrcgatc thcr at when such activity is prohibitcd by the dDirector upon a finding that such use of the waters would be dangerous to public health, safety or welfare. lab. Certain hours. No person in a park shall uljse or remain upon any waters or places designated for the purpose of swimming or bathing, or congregate thereat, except during such hours of the day as shall Page 11 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. 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 cuch bathing houscs or structures as may bc providcd for thaesc. (43) Boating. aa. Designated areas. No person in a park shall operate or occupy any boat, raft or other watercraft, whether motor powered or not, upon any waters that have been designated as posted by the Director as prohibited boating areas. cxccpt at placcs dcsignatcd for boating by the Ddirecto ' � II be in accordance with applicable regulations as are now or ma hereinafter bc adopted by the dDcpartmcnt. bia. 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. cG. Prohibition during closed hours. No person in a park shall Llaunch, dock, operate or remain on or in any boat, raft, or other watercraft of any kind on any waters during the closed hours or cxccpt during such hours as shall be designated by the Ddirector for such purpose. (54) ) Fishing. &a..- Commercial fishing. No person inn —a- park shall Commcrcial fishing, bbuyingy or selling of fish caught in any park waters-4s forbidden. Designated areas. No person in a park shall fish 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 cuch waters thereof have been dcsignated by the director for that use and under such rcgulations and restrictions as havc bccn prcscribcd by said dircctor. (65) ) Hunting and firearms. No person in a park shall #hunt, trap or pursue wildlife at an„ time. Trapping may be authorized, by permit, when it is deemed by the 8Director that said activity is in the best interest of public health, safety and/or welfare. No person shall within a park use, carry or posscssbrandish or discharge any firearms, ammunition or combinations thereof, as expressly prohibited by statute, or air rifles, spring guns, pellet guns, paintball guns, bow and arrows, slings or any other forms of weapons potentially dangerous to wildlife or to human safety or any instrument that Page 12 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. can be loaded with and fire blank cartridges, or an„ kind of trappin, device Shooting into park areas from beyond park property boundaries is forbidden. —_The D4-irector 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 GCounty managed activity. (fj)Picnic areas and use. a. a -Regulated. Picnic in a place othcr 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. Availability. Pe ;Tin park shy ;� � policy + of thc individual fireplaces as well as tTables,.and benches and cooking grills are available for use on a shall follow thc rule of "first come, first served-" bBasis, unless previously reserved. c. GDuty of picnicker. Leave a picnic arca bcforc thc firc is completely extinguished and bcforc 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. 8Nonexclusive. No person in a park shall muse 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 shelters only may be obtained only by paying a fee, as determined by the Ddepartment of parks, rccrcatio-n--and tourism for exclusive use during said time period. Permits will-G-Rly be 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 dDepartment of pParks, rRccrcation and tTourism. Page 13 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. (g7) ) AAthletic fields. In order to minimize excessive wear of athletic fields, Usc any Roanoke GCounty owned or maintained ball athletic fields shall should not be used for organized use unless the users have first until first sccuring secured a field rental contract for ficld use from the 4Department. This rcquircmcnt applics to all sanctioncd or non-sanctioncd tname or- organized group& 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- canctioned t m or organized group using -any-such ball athletic field. Camping. No person in a park shall Sset up a tent, shack& or any other temporary shelter for the purpose of camping, without a permit from the dDirector. Unless a permit has been obtained from the Director, during closed hours, no person shall leave in a park any equipment, structure or vehicle to be used or that could be used for such purposcs camping, such as a house trailer, camp trailer, camp wagon or the like. (10) Gamcs. Takc part in or organizc any rccrcational activity or thc playing of therefor(41-9)—) Horseback riding. No person in a park shall Rride, drive or lead a horse except on park drives or trails, as designated by the 4Director. 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 ora►d shrub. No hoofed animals will be allowed on turf areasoutside designated riding areas. (4210) Missilcs) Missiles and fireworks. No person in a park shall Gcarry, shoot, fire, explode or throw any fireworks, firecrackers, rockets, torpedoes or missiles of any kind in any park without a permit from the 4Director. (441 1 ) —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 photographers or commercial media coverage. (1'I) Rcmote control planes. Operatc a rcmotc control planc, glidcr, or motor propcllcd aircraft in any park without a permit from thc dircctor. Sec. 15-9. Meetings and concessions. No person shall: Page 14 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. (1) Hold or take part in any public meeting or event, religious, political, charitablc or othcrwisc, including picnic partics and cntcrtainmcnt for charitablc or rcligious purposes, in any public park without first obtaining written permission from the dircctor. Such asscmblagcs shall bc conductcd in a lawful and ordcrly manncr and shall occupy such grounds and facilitics as may bc assigncd to or rcscrvcd for thcm. (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 except by concessionaires under contract with the GCounty or by nonprofit, charitable or religious groups, authorized by permit from the dDirector. Sec.15-848. Behavior. No person in aply park 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 Virginias, 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 Scction '1.1- 308C /1 78CTitle 4.1 of the Code of Virginia, 1950, as amended, or ac permitted b,y aand as authorized permit issucd by the Director. (3) Smoking. Smoke inside a public building. (44) ) -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 into a park i finless c T end bey a chain strap or rope or kept in a wagon ai i obile oorother vehicle by chain, rope or strap. Dogs, cats or other domcstic animals shall not be permittcd to cntcr any lakc, pond, fountain, swimming pool, strcam, all spccial cvcnt ar s and tournamcnts, ball ficlds or food and beverage concession areas Page 15 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. aw n any nark or recrea' n area. Service dogs all be excli ded from the provisions of this rcgulation. All domcstic animal wastc must be disposcd of in a proper manncr (i.c. scooper or plastic baggic) by owncr. working animals or pcts includc, but arc not limitcd to, dogs, cats, horscs, rcptilcs or other animals that .pro pros ent at a c Special owont other than for the exprecc p irpose of acc g an indiyid al with sabilit ��o exnlud are se animals or pcts which arc an attraction and/or a part of the spccial cvcnt. (45) ) Fires. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the 4Director. 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 othcrwisc "closcd" in accordancc with scction 15 11(b) of this chaptcr. 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. (8) ) 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. or engaging in violent or turbulent behavior; bia. Making unreasonable noise or offensively coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person; cE. Insulting, taunting, or challenging another under circumstances in which such conduct is likely to provoke a violent response; d4. 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 and reasonable purpose of the offender; 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. Page 16 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. (89) ) Exhibit permits. Fail to produce and exhibit any permits from 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, permittcd by under the authority of a permit. Sec. 15449. Park operating policy. (a1) ) Hours. Parks shall be open to the public every day of the year from one-half ('/2) hour after daylight 6:00 a.m. to one-half (1/2) hour beforc before sunset, cxccpt with the following exceptions: a. P.park facilities with outdoor illuminated athletic field lighting shall be open to the public from one-half ('/2) hour after daylight to 11:00 p.m.; b. Park facilities with especial hours of operation. which when such special hours of operation areshall be posted thereon—; and c. Select exceptions after receiving sSpecial writtcn permission from the 8Director or his or her designee. is required for an„ persons to remain in any nark area of tcide reg filar open hoi ire Explore Park hours of operation shall be exempt from this provision. ( 2) ) 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 8Director shall find reasonably necessary. (e3) ) Permit. A permit shall be obtained from the Ddirector before participating in a park activity prohibited by these rules set forth in this chapter;. (1) a. Application. A person seeking issuance of a permit hereunder shall file an application with the 4Director. The application shall state: tThe name and address of the applicant; the name and address of the person, persons, corporation or association sponsoring the activity, if any; then,-a-rn-e, ads' e-ard- rfec ion for a rcsponsiblc 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 4Director shall find Page 17 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. 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: ghat 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 GCounty -RPolice 4Department or other operation by the GCounty; 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 ,and Aany aggrieved person shall have the right to appeal in writing within five (5) days to the assistant County Aadministrator, or his or her designee, 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 County A -administrator, or his or her designee, shall be final. d_('l ) e. (6) f, 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. {-54—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 indcmnify and hold the county, its officcrs, cmployccs and agcnts harmlecc from any claim ii figment or award for damages or other 0 legal relief of any nati ire whether ac a res ilt of legal or adminictrative action. Revocation. The Ddirector shall have the authority to revoke; or otherwise modify,- a permit upon finding a violation of the permit conditions, any rule or ordinance, or upon good cause shown. Reasonable efforts shall be made by the Department to promptly Page 18 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. notify the holder of the revoked or modified permit of the D8irector's actions. Sec. 154210. Fines and penalties. (a) Unless a more severe punishment is specifically provided for under state law which shall then be applicable to a violation of this chapter, a violation of any provision of this chapter shall constitute a class 4 misdemeanors; provided that nothing herein contained shall limit the authority of the court to order restitution for the benefit of the CGounty as a result of any damage or abuse to property subject to this chapter. (b) That any provision of the County Codc not spccifically amcndcd or rcpcalcd abovc shall rcmain in full forcc and cffcct as adoptcd. (c) This chaptcr shall be in full forcc and cffcct from and aftcr its passagc. This ordinance shall be in full force and effect from and after its adoption. Page 19 of 19 Note: Text additions are in red font. Text deletions are in red font and are struck through. ACTION NO. ITEM NO. D.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 7, 2021 AGENDA ITEM: Ordinance authorizing the acquisition of permanent and temporary easements on property located at 2870 Riverview Road (Tax Map No. 071.03-01-03.00-0000) for development of the Roanoke River Greenway, Vinton Magisterial District SUBMITTED BY: Lindsay B. Webb Parks Planning and Development Manager APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: Ordinance authorizing the acquisition of permanent and temporary easements on property 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 BACKGROUND: The Roanoke River Greenway is a regional bicycle and pedestrian trail developing through the Roanoke Valley, linking the Cities of Roanoke and Salem, the Town of Vinton, and Roanoke County. 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. Within Roanoke County, this greenway is the primary non -motorized transportation facility linking the downtown urban area to the Blue Ridge Parkway, Explore Park, and Virginia's Blue Ridge. 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. 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. The greenway project is a Locally Administered Project (UPC Number 91191) with oversight from the Virginia Department of Transportation (VDOT). The greenway has been designed and engineered by Hurt & Proffitt, and it will be an 8- Page 1 of 3 10-foot-wide shared use path that is proposed along the south side of the Roanoke River. Due to right-of-way acquisition issues along the project corridor, Roanoke County has reduced the scope of the project to construct two independent sections of the greenway on the western and eastern termini on property owned by the Western Virginia Water Authority and the Virginia Recreational Facilities Authority. Roanoke County staff continue to negotiate with property owners along the project corridor to acquire right-of- way to enable future construction of the greenway. DISCUSSION: The Pathfinders for Greenways, Inc. acquired permanent and temporary easements for the greenway from Norma P. Thomas on property located at 2870 Riverview Road (Tax Parcel Number 071.03-01-03.00-0000). The deed of easement was recorded in the Roanoke County Circuit Court Clerk's Office (Instrument Number 202000566). The deed of easement includes a statement that the Pathfinders for Greenways, Inc. intend to transfer the permanent and temporary easements to Roanoke County for purposes of building and maintaining the greenway, upon approval by the Roanoke County Board of Supervisors. Following the Pathfinders for Greenways acquisition of the greenway easements from Mrs. Thomas, the property was acquired by Paul O. Omiyo. The Roanoke County Attorney's Office has provided a letter to Mr. Omiyo notifying him of the County's intention to acquire the greenway easements from the Pathfinders for Greenways, Inc. FISCAL IMPACT: The Pathfinders for Greenways, Inc. is donating the temporary and permanent easements to Roanoke County. There are no costs associated with the acquisition of these easements. The deed of conveyance and ordinance have been prepared by the Roanoke County Attorney's Office. The design and construction of the greenway is funded with federal and state Transportation Alternatives (TA) and Surface Transportation Block Grant (STBG) Programs. The TA program provides eighty percent (80%) federal reimbursement of eligible project expenses and requires a minimum twenty percent (20%) local match; however, there is no local match required for the RSTP funding. The value of the donated temporary and permanent easements from the Pathfinders for Greenways, Inc. will count towards the 20% local match required for the project. Roanoke County will be responsible for the future maintenance of the greenway. Page 2 of 3 STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling the second reading for September 21, 2021. Page 3 of 3 VIRGINIA LAND RECORD COVER SHEET Commonwealth of Virginia VA. CODE §§ 17.1-223,-227.1, -249 FORM A — COVER SHEET CONTENT Instrument Date: 1/21/2020 Instrument Type: DE Number of Parcels: 1 Number of Pages: 9 [ ] City [X] County ROANOKE CIRCUIT COURT Tax Exempt? VIRGINIA/FEDERAL CODE SECTION [ ] Grantor: [X] Grantee: 54 894' Business/Name 1 Grantor: THOMAS NORMA P Grantor: 1 X Grantee: PATHFINDERS FOR GREENWAY: Grantee: Grantee Address Name: PATHFINDERS FOR GREENWAYS INC Address: PO BOX 8553 City: ROANOKE Consideration: $17,000.00 PRIOR INSTRUMENT UNDER § 58.1-803(D): Original Principal: $0.00 Fair Market Value Increase: $0.00 000396 INSTRUMENT 202000566 RECORDED IN THE CLERK'S OFFICE OF ROANOKE COUNTY CIRCUIT COURT ON JANUARY 214 2020 AT 03:10 PM STEVEN A. MCGRAW, CLERK RECORDED BY: LMA (Area Above Reserved For Deed Stamp Only) 24014 State: VA Zip Code: Existing Debt: $0.00 Actual Value/Assumed: $0.00 Original Book No.: Original Page No.: Prior Recording At: [ ] City [ ] County ROANOKE Book Number: 1112 Page Number: 408 Original Instrument No.: Percentage In This Jurisdiction: Instrument Number: WB201600181 Parcel Identification Number/Tax Map Number: 071.03-01-03.00-0000 Short Property Description: GREENWAY EASEMENT FOR PUBLIC ACCESS TRAIL 100% Current Property Address: 2870 RIVERVIEW ROAD City: ROANOKE State: VA Zip Code: Instrument Prepared By: PETER LUBECK COUNTY ATTP Recording Returned To: ELIZABETH BELCHER Address: 1206 KESSLER MILL ROAD City: SALEM 1 24014 Recording Paid By: PATHFINDERS FOR GREENWAYS INC State: VA Zip Code: 24153 FORM CC-1570 (MASTER, PAGE ONE OF ONE ) 0/19 0 Copyright 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. Cover Sheet A Prepared by: Peter Lubeck, County Attomey (VSB #71223) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 00039? Prepared by the Office of the Roanoke County Attorney Official Tax Map No. 071.03-01-03.00-0000 Property Owner: Norma P. Thomas cok- THIS DEED OF EASEMENT, is entered into this d,� day of�Q 2020, by NORMA P. THOMAS (hereinafter referred to as the "Grantor"), and the PATHFINDERS FOR GREENWAYS, INC. (hereinafter referred to as the "Grantee"), a Virginia Corporation. WITNESSETH: WHEREAS, the Roanoke River Greenway is a developing bicycle and pedestrian trail identified in the regionally approved Roanoke Valley Conceptual Greenway Plan, as updated in 2018, endorsed by the City of Roanoke, County of Roanoke, County of Botetourt, City of Salem, and Town of Vinton; and WHEREAS, the 2007 Roanoke County Comprehensive Master Plan for Parks and Facilities identified the development of greenways and trails as a high priority desired by citizens in Roanoke County; and WHEREAS, an easement is needed for the eastern section of the Roanoke River Greenway ("PUBLIC ACCESS TRAIL") across portions of the Grantor's property designated as Roanoke County Tax Map No. 071.03-01-03.00-0000 (2870 Riverview Road), more particularly described on Exhibit A attached hereto; and WHEREAS, Grantee has requested, and the Grantor has agreed to, the conveyance of a perpetual greenway easement, and herein referred to as "Greenway Easement", to the Grantee for the purposes of construction of the PUBLIC ACCESS TRAIL; and Page 1. of 8 Prepared by: Peter Lubeck, County Attorney (VSB #71223) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 000398 WHEREAS, Grantor has also agreed to the conveyance of a temporary construction easement to the Grantee; and WHEREAS, upon approval by the Roanoke County Board of Supervisors, the Grantee intends to transfer the Easements to Roanoke County for the purpose of building and maintaining the PUBLIC ACCESS TRAIL. NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of .�Iee�5q'�1Q,\4'C13I(OJOLLARS ($ \'\ \0O.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby GRANTS and CONVEYS with General Warranty and Modem English Covenants of Title unto the Grantee, its successor and assigns, the following described easements, in the County of Roanoke, Virginia, to wit: A PERPETUAL VARIABLE WIDTH GREENWAY EASEMENT, herein referred to as "Greenway Easement", consisting of 9,014 square feet (0.207 acres), more or less, to construct, improve, operate, inspect, use, monitor, maintain, repair or replace a PUBLIC ACCESS TRAIL upon, over, through, and across the parcels of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia (Instrument Number Instrument Numbers WB201600181, D.B. 1112, PG 408, and P.B. 2, PG 76) and designated on the Roanoke County Land Records as Tax Map No. 071.03-01-03.00-0000 (2870 Riverview Road). The location of said easement shall be within the area as shown upon the 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, said PIat being attached as Exhibit A and to be recorded in the Roanoke County Clerk's Office with this deed. Together with a TEMPORARY TRAIL CONSTRUCTION EASEMENT containing 8,505 square feet (0.195 acres), more or less, as shown on the aforesaid Plat, through and across the tracts or parcels of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia (Instrument Numbers WB201600181, D.B. 1112, PG 408, and P.B. 2, PG 76) and designated on the Roanoke County Land Records as Tax Map No. 071.03-01-03.00-0000 (2870 Riverview Road). The Iocation of said easement shall be within the area as shown upon the plat "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, said Plat being attached as Exhibit A and to be recorded in the Roanoke County Clerk's Page 2 of 8 Prepared by: Peter Lubeck, County Attorney (VSB #71223) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 000399 Office with this deed. The Temporary Trail Construction Easement shall automatically expire upon completion of construction or substantial completion. The Grantor agrees that the Grantee will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration. below. Said PERPETUAL EASEMENT shall be subject to the terms and conditions stated 1. The Grantor hereby grants to the Grantee and the general public free access to and use of the Public Access Trail within the Greenway Easement subject to the laws and ordinances of Roanoke County, for the purposes including but not limited to: walking, jogging, hiking, bicycle riding, horseback riding, and nature study. There shall be no access by the Grantee or the public at -large granted by this Greenway Easement to any property of the Grantor other than the Greenway Easement and Public Access Trail described and conveyed herein on Exhibit A. The general public shall have no right to construct or improve any portion of the Greenway Easement and Public Access Trail. 2. The Greenway Easement herein conveyed shall be appurtenant to the Grantor's lands over which it runs and shall convey to the Grantee the perpetual right to install and maintain improvements, the right to go on, over and upon the said Greenway Easement for the purposes of installing, maintaining, repairing and replacing the improvements necessary for the Public Access Trail. 3. Public access with any type of motor vehicle, including but not limited to motorcycles, four-wheel drives, motor bikes, mopeds, ATVs, and snowmobiles, shall be prohibited, except to the extent vehicles are necessary for accessibility (Americans with Disabilities Act of 1990), construction, inspection, emergency calls, Page 3 of 8 Prepared by: Peter Lubeck, County Attorney (VSB #71223) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 000400 maintenance, or reconstruction of the Public Access Trail within the Greenway Easement area by the Grantee. 4. The Grantor shall retain the right to use the land subject to the Greenway Easement acquired herein on Exhibit A in any manner which shall not interfere with the use and enjoyment of said rights for recreational access to the Public Access Trail. 5. The Grantor shall not erect any building, fence, sign, guardrail, or other structure over the easement so as to render the Greenway Easement inaccessible, except that fences and gates for control of livestock may be erected and/ or maintained with the mutual consent of the Grantor and Grantee. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. 6. There shall be no excavation or dredging, or dumping of ashes, garbage, waste, brush or other unsightly or offensive material on the Greenway Easement or Public Access Trail by the Grantor, its agents or licensees. 7. The Grantor shall have no maintenance responsibility whatsoever of the Public Access Trail within the Greenway Easement. 8. The Grantee may erect within the Greenway Easement markers, kiosks, litter receptacles, vehicle control barriers, benches, bridges, signage, fences, culverts, and gates, as deemed necessary for preservation of the Greenway Easement, use of the Public Access Trail, and safety of the Public Access Trail users. No other building or above grade structure shall be constructed by the Grantee or Grantor without written permission of the Grantor. Page 4 of 8 Prepared by: Peter Lubeck, County Attorney (VSB #71223) Roanoke County Attomey's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 000401 9. There shall be no removal, destruction, or cutting of trees within the Greenway Easement except as may be performed by the Grantee or its agent for construction or maintenance of the Public Access Trail, reduction of hazard, flood control, good husbandry practice, or prevention or treatment of disease. There shall be no removal, destruction, or cutting of trees located outside the Greenway Easement, by the Grantee, except to the extent that cutting is necessary to remove that portion of a tree that intrudes into the Greenway Easement. 10. The Grantee and its agents shall have the right to inspect the Greenway Easement and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within or upon the easements that in any way endanger or interfere with the proper use of the same. 11. The Grantee shall have the right and duty to ensure maintenance of the Public Access Trail for as long as it holds the Greenway Easement rights hereunder. 12. The Grantee shall not deny the Grantor access to the Public Access Trail or Greenway Easement. 13. The Grantee agrees to defend, indemnify, and hold harmless Grantor from and against any and all claims, demands, actions, damages, losses, and liabilities to the extent permitted by the law and without waiving any claim of sovereign immunity. However, the Grantor shall not be held harmless from liability caused by the active conduct or acts of the Grantor, its agents, invitees, or contractors which violate the terms and conditions of this Deed of Easement. The Grantor and Grantee recognize the liability protection afforded by Section 15.2-1809.1 of the Code of Virginia -- that Page 5 of 8 Prepared by: Peter Lubeck, County Attorney (VSB #71223) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 000402 the Grantee and the Grantor shall not be liable for damages resulting from any injury to any person or from a loss of or damage to the property of any person arising from the condition of the Public Access Trail, in the absence of gross negligence or willful misconduct. 14. The Grantee agrees that the Greenway Easement shall not be open to the public until such time as construction of the Public Access Trail is completed. 15. The covenants agreed to and the terms, conditions, and restrictions imposed herein shall be binding upon the Grantor and its agents, heirs, and assigns and shall continue as a servitude running in perpetuity with the described land. The Grantor agrees that the terms, conditions, and restrictions of this Greenway Easement will be inserted by it in any subsequent deed or other legal instrument by which it divests itself of either the fee simple title to, or of its possessory interest in, the subject property. 16. The parties confirm and agree that the Grantee may convey, transfer, and assign this easement and its interest and rights acquired herein. 17. Should the Grantee or its assigns cease to develop, operate, or maintain the Public Access Trail, the Grantor may request that the Greenway Easement be vacated. Grantee shall not unreasonably withhold approval of such request. WITNESS the following signatures and seal: SIGNATURES TO FOLLOW: Page 6 of 8 Prepared by: Peter Lubeck, County Attomey (VSB #71223) 000403 Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE GRANTOR: NORMA P. THOMAS By: -\\aw\foN Printed name:? c,,,,,,� COup,V. attorney -in -fact ) to -wit: The foregoing instrument was acknowledged before me this &15+ dayof ` 2020, by CAW 0/MAW COffaireq- in --F C-{-) My commission expfres: j ) 31 aa- Notary 'iNic Registration No. 96612 5 /, ti (SEAL) JORDAJ IN CARLISLE NOTARY PUBLIC COMMONWEALTH OF VIRGINIA REGISTRATION #7522516 MY COMMISSION EXPIRES DECEMBER 31, 2022 Page 7 of 8 Prepared by: Peter Lubeck, County Attorney (VSB 471223) Roanoke County Attomey's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 GRANTEE: 000404 PATHFINDERS FOR GREENWAYS, INC. By: Printed name/title: Roger B. Holnback/President COMMONWEALTH OF VIRGINIA COUNTY OF ROANKE ) to -wit: The foregoing instrument was acknowledged before me this o? ) S4- day of `,CMWLt / 2020, by KOq i £ . HOInbaC My commission expires: - 3 t - d002,9_ tary Pu Registration No. 9 6 JA S i 0 V (SEAL) JORDAN MARTIN CARLISLE NOTARY PUBLIC COMMONWEALTH OF VIRGINIA REGISTRATION #7522516 MY COONIMISSION EXPIRES ISECEMBER 31, 2022 Page 8 of 8 d 1!q!4x3 ""AIM ir9rOSMS CAW VA'ucrowura3 OgcWee ,MOumieCBe 1L1ddO21d d1Hf1H .l1Nf?O9 3)IONVO2I `1ORI1SIQ 7b7I131S/SWi1 NOIN1A £101 0-£O'l1# al 730.1111c1 XVi d310 1N31/113SV3 AVMN33dO ER g NI s� 0 0 4. yti r93T 56-101 to00som+ ioa- CHORD BEARING CHORD DISTANCE �Q- a S s 0 N rr]r30 x a ir td- UNE TABLE Z 1 IV no $ at a x 3 = 3 m z # F = i x x i r 2 1 n h n 'n 7- p n V. COS YJ 0 aid RE 141 0 0 0 CO 0 Cv J1 W 151 YC Og 1i1111 1 I .oar ©� EaZ 3 . gg li a.. j NO mG bi �w : � Q ak a R6p iiigaq gSg Mapgm 0 Ongingi Peter S. Lubeck COUNTY ATTORNEY August 17, 2021 Paul O. Omiyo 2870 Riverview Road Roanoke, VA 24014 ROANOKE COUNTY OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800 Roanoke, Virginia 24018-0798 TEL: (540) 772-2071 FAX: (540) 772-2089 RE: Greenway Easement Dear Mr. Omiyo, Mary Beth Nash Rachel W. Lower Marta J. Anderson SENIOR ASSISTANT COUNTY ATTORNEYS I represent the interests of the Roanoke County Board of Supervisors. The purpose of this letter is to notify you, as the current property owner, that the Roanoke County Board of Supervisors may acquire an easement that exists upon your property, located at 2870 Riverview Road. The easement is currently owned by Pathfinders for Greenways, Inc., a partner agency of Roanoke County. As I understand it, Pathfinders for Greenways, Inc. purchased the easement from the prior property owner, Ms. Norma P. Thomas, on January 21, 2020. A copy of the easement is attached hereto. Also attached is a copy of the survey plat showing the greenway easement as it is situated on your property. Both the easement and the plat were recorded amongst the land records in the Roanoke County Circuit Court Clerk's Office on January 21, 2020. Roanoke County staff intend to present this project to the Roanoke County Board of Supervisors at their September 7, 2021 and September 21, 2021 meetings. If approved by the Board of Supervisors, County staff will effectuate the acquisition of the easement from Pathfinders for Greenways, Inc. shortly thereafter. The purpose of the greenway easement is for the construction and maintenance of a public access trail. Should you have any questions, I point you to the terms and conditions outlined in the language of the current easement that exists upon your property. If you have any additional questions, please contact Lindsay Webb with Roanoke County's Department of Parks, Recreation and Tourism at 540-777-6328 or by email at lwebb@Joanokecountyva.gov. Very truly yours, Rachel W. Lower Senior Assistant County Attorney CC: Lindsay Webb J CC z av= co O N d O w rn CD 0 LC) rrj PREPARED BY: Rachel W. Lower, Sr. Assistant County Attorney VSB # 88094 Office of the County Attorney 5204 Bernard Drive Roanoke, VA 24018 This instrument is exempt from the imposition offees and taxes pursuant to § 58.1-811(A)(3) and § 17.1- 266 of the Code of Virginia (1950), as amended. Roanoke County Tax Map No: 071.03-01-03.00-0000 Property Owner: Paul O. Omiyo THIS DEED OF EASEMENT is entered into this day of 2021, by PATHFINDERS FOR GREENWAYS, INC. (the "Grantor"), a Virginia corporation, and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA (the "Grantee"), a political subdivision of the Commonwealth of Virginia. WITNESSETH: WHEREAS, the Roanoke River Greenway is a developing bicycle and pedestrian trail identified in the regionally approved Roanoke Valley Conceptual Greenway Plan, as updated in 2018, endorsed by the City of Roanoke, County of Roanoke, County of Botetourt, City of Salem, and Town of Vinton; and WHEREAS, the 2007 Roanoke County Comprehensive Master Plan for Parks and Facilities identified the development of greenways and trails as a high priority desired by citizens in Roanoke County; and WHEREAS, on January 21, 2020, the Grantor acquired permanent and temporary easements necessary for the eastern section of the Roanoke River Greenway across portions of property then owned by Norma P. Thomas, and designated as Roanoke County Tax Map No. 071.03-01-03.00-0000 (the "subject property"), said easements being recorded amongst the land records in the Roanoke County Circuit Court Clerk's Office as Instrument #202000566 (the "original easements"); and Page 1 of 5 WHEREAS, the Deed of Easement conveying the original easements includes a provision stating the intent of the Pathfinders for Greenways, Inc. to transfer the original easements to the Board of Supervisors of Roanoke County, Virginia for the purpose of building and maintaining a greenway, upon approval by the Board of Supervisors of Roanoke County, Virginia; and WHEREAS, on March 19, 2020 Norma P. Thomas conveyed the subject property to Paul O. Omiyo, subject to all recorded restrictions, reservations, and conditions affecting the subject property; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia has requested, and the Pathfinders for Greenways, Inc. has agreed to, the donation and transfer of the original easement to the Board of Supervisors of Roanoke County, Virginia for the purpose of building and maintaining the aforementioned greenway. NOW THEREFORE, FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby GRANTS and CONVEYS with General Warranty and Modern English Covenants of Title unto the Grantee, its successor and assigns, all that property, and rights to that property, conveyed to the Grantor in a Deed of Easement dated January 21, 2020 and recorded amongst the land records in the Roanoke County Circuit Court Clerk's Office as Instrument #202000566, and being more particularly described as the following, in the County of Roanoke, Virginia, to wit: A PERPETUAL VARIABLE WIDTH GREENWAY EASEMENT, herein referred to as "Greenway Easement," consisting of 9,014 square feet (0.207 acres), more or less, to construct, improve, operate, inspect, use, monitor, maintain, repair or replace a PUBLIC ACCESS TRAIL upon, over, through, and across the parcels of land belonging to Paul O. Omiyo and designated on the Roanoke County Land Records as Tax Map No. 071.03-01-03.00-0000 (2870 Riverview Road). The location of said easement shall be within the area as shown upon the plat titled, "Greenway Easement Over Tax Parcel ID #71.03-01-03 Vinton Magisterial Page 2 of 5 District, Roanoke County," dated January 18, 2019 prepared and sealed by Christopher B. Kaknis, said Plat being attached as Exhibit A and to be recorded in the Roanoke County Clerk's Office with this deed. Together with a TEMPORARY TRAIL CONSTRUCTION EASEMENT containing 8,505 square feet (0.195 acres), more or less, as shown on the aforesaid Plat, through and across the tracts or parcels of land belonging to Paul O. Omiyo and designated on the Roanoke County Land Records as Tax Map No. 071.03-01- 03.00-0000 (2870 Riverview Road). The location of said easement shall be within the area as shown upon the plat "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, said Plat being attached as Exhibit A and to be recorded in the Roanoke County Clerk's Office with this deed. The Temporary Trail Construction Easement shall automatically expire upon completion of construction or substantial completion. Said easements shall be subject to all recorded restrictions, reservations, terms and conditions affecting the easements, and shall continue as a servitude running in perpetuity with the subject property. WITNESS the following signatures and seal: SIGNATURES TO FOLLOW: Page 3 of 5 GRANTOR: PATHFINDERS FOR GREENWAYS, INC. By: Printed name/title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this day of 2021, by , on behalf of PATHFINDERS FOR GREENWAYS, INC. My commission expires: Notary Public Registration No. (SEAL) Page 4 of 5 GRANTEE: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By Daniel R. O'Donnell, County Administrator COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this day of 2021, by Daniel R. O'Donnell, County Administrator, on behalf of the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA. My commission expires: Notary Public Registration No. (SEAL) Approved as to Form: Office of the Roanoke County Attorney Page 5 of 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 7, 2021 ORDINANCE AUTHORIZING THE ACQUISITION OF PERMANENT AND TEMPORARY EASEMENTS ON PROPERTY 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 through the 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, upon approval by the Roanoke County Board of Supervisors; and Page 1 of 2 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 was held on September 21, 2021. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition of permanent 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 Administrator or Assistant County Administrator are hereby authorized to execute the deed and any other incidental documents required for the acquisition and to take such actions on 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 2 of 2 ACTION NO. ITEM NO. D.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 7, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Ordinance accepting and appropriating $11,465,194.98 in additional COVID-19 Grants for Roanoke County Public Schools Rebecca Owens Assistant County Administrator Daniel R. O'Donnell County Administrator Approval of and appropriation of $11,465,194.98 to the Roanoke County Public Schools in additional COVID-19 Grants BACKGROUND: Additional federal support was awarded to Roanoke County Public Schools from the Coronavirus Response and Relief Supplemental Appropriations Act approved in December 2020 and from the American Rescue Plan Act approved in March 2021. DISCUSSION: The additional federal support from the Coronavirus Response and Relief Supplemental Appropriations Act is allocated as follows: Coronavirus Response and Relief Supplemental Appropriations ESSER II - Unfinished Learning - $987,000. This grant provides additional funding to school divisions allowing them to address unfinished learning through increased face to face instruction and/or small group learning such as is provided or through recommended expanded summer programs. Page 1 of 2 Total Coronavirus Response and Relief Supplemental $987,000 American Rescue Plan Act: ESSER III - $9,748,627.28 - This grant will provide funding for the followings: - $1,478,454.91 for prevention and mitigation strategies - $2,475,496.17 to address unfinished learning - $469,882.50 to address students' academic, social, and mental health needs - $5,324,793.70 for other uses to include multi -year funding for nurses, virtual school options for families, stipend for teachers and therapists, and one daily teacher substitute position assigned to each school. See attached presentation pages 15-16 for more detail of the expenditures. Special Education IDEA PART B $679,858.70 - Combined with the ESSER III grant this will support 26 Special Education teachers for 1 year. Special Education Preschool IDEA PART B-$49,709. - This grant will provide instruction materials for Special Education Preschool. Total American Rescue Plan Act $10,478,194.98 FISCAL IMPACT: Federal Funds appropriated to the Roanoke County Public Schools' Grant Fund totals $11,465,194.98. STAFF RECOMMENDATION: Staff recommends approval of the first reading of the ordinance to accept and appropriate funds for $11,465,194.98 and scheduling the second reading for September 21, 2021. Page 2 of 2 Access Type Preferred Date Absolute Date Fiscal Impact Dollar Amount Budgeted Budget Source Recommended Action Public Content Agenda Item Details Meeting Aug 26, 2021 - Roanoke County School Board Meeting Category 8. ACTION ITEMS Subject 8.02 Request to Accept Additional COVID-19 Grants and Request an Increase in the Grant Fund Budget Ordinance By $11,465,194.98 - Mrs. Susan Peterson Public Action Aug 26, 2021 Aug 26, 2021 Yes 11,465,194.98 No Federal Grants 1. Request to Accept Additional COVID-19 Grants and Request an Increase in the Grant Fund Budget Ordinance By $11,465,194.98. 2. Request to Amend the 2021-2022 Annual Budget to Transfer $5,550,000 for the COVID-19 Grant from the Minor Capital Fund to the Grants Fund and to Increase the Grants Fund by the remaining $1,716,566.98. Request to Accept Additional COVID-19 Grants and Request an Increase in the Grant Fund Budget Ordinance By $11,465,194.98. Additional federal support was awarded to Roanoke County Public Schools from the Coronavirus Response and Relief Supplemental Appropriations Act approved in December 2020 and from the American Rescue Plan Act approved in March 2021. Coronavirus Response and Relief Supplemental Appropriations ESSER II - Unfinished Learning (Memos 163-21) American Rescue Plan Act ESSER III (Memos 110-21) Special Education IDEA PART B (Memos 198-21, -21c, -21e) Special Education Preschool IDEA PART B (Memo 198-21, -21d, -21e) Total Additional Grants Start End Amount 3/13/20 9/30/23 987,000.00 987,000.00 Start End 3/13/20 9/30/24 3/13/20 9/30/22 3/13/20 9/30/22 Amount 9,748,627.28 679,858.70 49,709.00 10,478,194.98 11,465,194.98 There are requirements surrounding obtaining stakeholder input regarding the use of the ESSER III funds, this was performed through the following manners: 8/12 Public Hearing during the regular School Board Meeting 8/16 Parent Advisory Council Meeting 8/22 Student Advisory Council Survey 8/23 Employee Advisory Committee Meeting 8/24 Principal Meeting 8/25 Final Superintendent's Cabinet Review and Recommendation All of this information is also available on the Finance webpage. The Virginia Department of Education Superintendent's Reports for each of the programs, the responses from the stakeholder meetings, and a report with the recommended use of the funds for each program are attached. Staff recommends approval of the additional COVID-19 grants and requests an increase in the Grant Fund Budget Ordinance By $11,465,194.98 from the Board of Supervisors of the County of Roanoke. Request to Amend the 2021-2022 Annual Budget to Transfer $5,550,000 for the COVID-19 Grant from the Minor Capital Fund to the Grants Fund and to Increase the Grants Fund by the remaining $1,716,566.98. On March 25, 2021, the School Board adopted the 2021-2022 Annual Budget. Subsequently, the Board of Supervisors adopted the Operations, Capital, and CSA ordinances on May 11, 2021. Below is a summary of the adopted budget by the Fund and how it is adopted by the Ordinance. Fund General Instructional Resources Fleet Replacement Technology Replacement Grant Capital Projects Nutrition Student Activity Fund Adopted Budget 156,382,733 1,470,960 1,283,556 5,056,445 11,470,953 20,404,592 5,955,651 7,200,000 209,224,890 County of Roanoke Appropriations CSA Operations Capital Transfers ESSER III Total 051121-8 051121-9 051121-7 .(Waiting,). Budget 156,382,733 - 1,879,000 - 158,261,733 1,470,960 - - 1,470,960 1,283,556 - - 1,283,556 5,056,445 - - 5,056,445 7,272,325 - 4,198,628 11,470,953 - 14,854,592 5,550,000 20,404,592 5,955,651 - - 5,955,651 7,200,000 - - 7,200,000 184,621,670 14,854,592 1,879,000 9,748,628 211,103,890 Since the total amount of the ESSER III funds was available at the time, the $9,748,628 was included in the School Board original budget but was split between the Grant Fund and the Minor Capital Fund. After this presentation staff recommends maintaining the full ESSER III grant in the Grant Fund rather than splitting it between the Minor Capital Fund and the Grant Fund. This would require approval from the School Board to transfer $5,550,000 of budget from the Minor Capital Fund to the Grant Fund. In addition, an overall increase in the Grant Fund of $1,716,566.98 is requested to accommodate the new funds. Staff recommends approval of a $5,550,000 budget transfer from the Minor Capital Fund to the Grant Fund and an increase in the Grant Fund of $1,716,566.98. l 163-21.pdf (201 KB) ] i 163-21a.docx (36 KB) 163-21b.xlsx (50 KB) J 163-21c.docx (27 KB) r 110-21.pdf (214 KB) L 110-21a.docx (36 KB) 110-21b.xlsx (45 KB) 110-21c.docx (27 KB)— L 110-21d.docx (30 KB) 198-21.pdf (420 KB) 198-21c.xlsx (86 KB) 1 P 198-21d.xlsx (53 KB) ] P 198-21e.docx (24 KB) 2021-08-26 Board Meeting Presentation.pdf (852 KB) 2021-08-26 Summary of Funding Request.xlsx (31 KB) Z 0 u W 0 Z a 0 vi 0 O u VI DI la C C O = 64-0 LJCD 4-0 01 C I 0 ti) >ci. 0 0 Board Meeting 0 0 s c August 26, 2021 COVID-19 Funding Presentation - School Board Meeting Z D 0 V W 0 °o Zv (0" >, E D V) 0) c. f3 c D LL 01 I 6 > 0 u What Have We Done? 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O u -o a) Q 0 Ordinances m O m kJ" lf) N- 01 O m LD N- co N N c N U (13 Q (13 U u f) c 0 c3 4) Q 0 co N co m O m kJ, v) v) N O m co N- co m N 158,261,733.00 1,470,960.00 1,283,556.00 m O m kJ) lf) N- O v) O rri N co co m O m kJ, lf) N- O v) N O m co N- co �1 u 5,056,445.00 LIS N m N N N m N N 18,737, 519.98 7,266,566.98 11,465,194.98 N CO N CO 14,854,592.00 (5,550,000.00) N Ln O N N O N Lei 5,955,651.00 N N 7, 200, 000.00 N 1,879,000 1201,355,262 N co N co CO N co co M N co CO N N N Difference Between School Board Budget and Approved Ordinances COVID-19 Funding Presentation - School Board Meeting 0 0 64-• 0 a, CT a) Z 0 u W 0 Z 0 0 s V C a) •v 0 C +-' c 4) 4) S u o v) C -0 • v) czE ,5 ,i=2 ..cpc 22 (0 D ? 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N O O c 0-, _._ CD c\J 0_ D .1:1_ r9- ,a) ber Ce (N•1 L.L Q I O O 1— 1— C CD -0 -0 re\i *6_73 *v)mucEE*(0c c a)C D cu12 C +� L.)a) a v) fi (1) V) V) .6 O c 0 oO 2 2 o COVID-19 Funding Presentation - School Board Meeting AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 7, 2021 ORDINANCE ACCEPTING AND APPROPRIATING $11,465,194.98 IN ADDITIONAL COVID-19 GRANTS FOR ROANOKE 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 $987,000 from 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 and address 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 1 of 2 1 That the sum of $11,465,194.98 IS allocated to the Roanoke County Public Schools' Grant Fund. 2. That this ordinance shall take effect from and after the date of adoption. Page 2 of 2 ACTION NO. ITEM NO. E.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 7, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Ordinance amending Chapter 21 (Taxation), Article IX (Transient Occupancy Tax) of the Roanoke County Code Peter S. Lubeck County Attorney Daniel R. O'Donnell County Administrator Amend the Roanoke County Code to incorporate recent changes made to the Code of Virginia regarding localities' imposition of a transient occupancy tax. Specifically, localities are now authorized to tax "accomodations intermediaries." BACKGROUND: Virginia Code § 58.1-3819 to § 58.1-3926 authorizes localities to collect transient occupancy tax on the gross proceeds of room rentals of hotels, travel campgrounds, and other facilities offering guest rooms rented out for continuous occupancy for fewer than 30 consecutive days. The County requires the collection of transient occupancy tax on establishments offering lodging space able to accommodate five or more transients at one time. The County requires collection of the tax from transients at a rate of seven percent of the total room charge. The County allocates 3/7ths of the charge to Visit Virginia's Blue Ridge for tourism initiatives, and allocates the remainder of the collected tax to the County's general fund. DISCUSSION: The proposed ordinance amendments, consistent with the changes to the Code of Virginia (Sections 58.1-3818.8 and 58.1-3819) enacted by the 2021 General Assembly Page 1 of 2 (and which become effective on September 1, 2021), will require persons or entities offering room rentals to calculate the transient occupancy tax based on the total charge to the customer, including accommodation fees charged to the customer by online travel companies or other "accommodations intermediaries." Prior to these amendments, transient occupancy tax was calculated based on the total charge for the room collected by the lodging establishment (but not on any intermediary). The ordinance amendments also clarify that although the County's Commissioner of Revenue assesses the tax, tax payments should be made to the County Treasurer. There have been no changes since the first reading held on August 24, 2021. FISCAL IMPACT: Transient occupancy tax revenues in the fiscal year 2022 budget total $807,597. This budgeted amount is reduced because of the COVID pandemic; historically, the County has collected approximately $1.4 to $1.5 million per year in transient occupancy tax revenues. While these changes will result in a positive impact on revenues, as transient occupancy tax will now be based on the total charge paid by the customer and not just on the room rental paid to the lodging facility, the impact is not likely to be significant. The exact amount is difficult to calculate without knowing the amount of additional fees and charges not previously included in the gross revenues for tax collection. STAFF RECOMMENDATION: Staff recommends that the Board approve the attached ordinance. 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, SEPTEMBER 7, 2021 ORDINANCE AMENDING CHAPTER 21 (TAXATION), ARTICLE IX (TRANSIENT OCCUPANCY TAX) OF THE ROANOKE COUNTY CODE WHEREAS, the proposed ordinance amendments, consistent with the changes to the Code of Virginia (Sections 58.1-3818.8 and 58.1-3819) enacted by the 2021 General Assembly (and which become effective on September 1, 2021), will require persons or entities offering room rentals to calculate the transient occupancy tax based on the total charge to the customer, including accommodation fees charged to the customer by online travel companies or other "accommodations intermediaries"; and WHEREAS, prior to these amendments, transient occupancy tax was calculated based on the total charge for the room collected by the lodging establishment (but not on any intermediary); and WHEREAS, the ordinance amendments also clarify that although the County's Commissioner of Revenue assesses the tax, tax payments should be made to the County Treasurer; and WHEREAS, the first reading of this ordinance was held on August 24, 2021, and the second reading and public hearing were held on September 7, 2021. NOW THEREFORE BE 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: Page 1 of 7 Note: Text additions are in red font. Text deletions are in red font and are struck through. ARTICLE IX. - TRANSIENT OCCUPANCY TAX Sec. 21-201. - Definitions. As used in this article, unless the context clearly indicates otherwise: (a) Transient. "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement, either at his own expense or at the expense of another, for a period of twenty-nine y (2930) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel or travel campground for which charge is made shall be deemed to be a transient until the period of twenty-nine y (3829) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy, or the occupant has paid in advance for over twenty- nine y (3029) days of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this article may be considered. (b) Occupancy. "Occupancy" means the use or possession or the right to the use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes. (c) Hotel. "Hotel" includes, but is not limited to, any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any public or private hotel, inn, tourist home or house, motel, house, boarding house, dormitory, public or private club, apartment hotel, hostelry, mobile house or house trailer at a fixed location, or other similar structure or portion thereof within the county which offers lodging for five (5) or more persons at any one time and the owner and operator thereof offers lodging to any transient for compensation. (d) Travel campground means any area, site, lot, field, or tract of land offering spaces for recreational vehicles or campsites for transient dwelling purposes, or temporary dwelling during travel, or recreational or vacation uses. (e) Operator. "Operator" means the person who is proprietor of the hotel or travel campground, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this section and shall have the same duties and liabilities as his principal. Compliance with the provisions of this section by either the principal or the managing agent shall, however, be considered to be compliance by both. (f) Rent. "Rent" means the total price, exclusive of any tax imposed on such charge, paid by the customer for the occupancy of any hotel or travel campground for lodging or space furnished to any transient. If the charge made by any hotel or travel campground to a customer includes any charge for services or Page 2 of 7 Note: Text additions are in red font. Text deletions are in red font and are struck through. accommodations in addition to that of lodging and/or use of space, then such portion of the total charge representing only lodging and/or space rental shall be distinctly set out and billed to such customer by such hotel or travel campground as a separate item. Room rental includes the full retail price charged to the customer by any accommodations intermediary for the lodging or space furnished to any transient, before taxes. (f) means thc consideration charged, whcthcr or not rcccivcd, for thc occupancy of mane in a hoto r ind vale e n money ec'v hether to be received �--rrTvrrc� in money, goods, lah, o luding all receipts, ca � its dd n � and o of any Lind or n.� -o itho it any d i ctiorterof T whatsoever. (g)7revo 4enta.. R Tce-rnrtal" meansrt total ch'�rraige_mrade byi anyi hotel o�trcryel campground for lodging or spacc furnished to any transicnt. If thc chargc made by any hotcl or travel campground to a transicnt includcs any chargc for scrviccs /or use of space, thcr-, -s# portion of thc total chargc representing only lodging and/or spacc rental shall be as a separate itcm. { 3(g) Person. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, person acting in a representative capacity, or any other group or combination acting as a unit. {+}(h) Commissioner of the revenue means the commissioner of the revenue of Roanoke County, Virginia. {j-}(i) Treasurer means the treasurer of Roanoke County, Virginia. (i) License inspector means a license inspector in the office of the Commissioner of the Revenue of Roanoke County, Virginia. (k) Accommodations intermediary. Accommodations intermediary means any person other than an operator that facilitates the sale of an accommodation, charges a room charge to the customer, and charges an accommodations fee to the customer, which fee it retains as compensation for facilitating the sale. For purposes of this definition, "facilitates the sale" includes brokering, coordinating, or in any other way arranging for the purchase of the right to use accommodations via a transaction directly, including via one or more payment processors, between a customer and an Operator. (Ord. No. 85-120, § 2, 7-9-85, 9-07-21) State Law reference — Code of Virginia § 58.1-602, § 58.1-3818.8 Sec. 21-202. - Levied; rate. In addition to any other tax imposed by law, there is hereby imposed on each and every customer a tax equivalent to seven (7) percent of the total rent, for a hotel or travel campground, paid by the customer for occupancy by a transient. Thcrc is hcrcby Page 3 of 7 Note: Text additions are in red font. Text deletions are in red font and are struck through. occupancy of ed Said tax conctitutec a --a t owes, ;ti transicnt to thc county which is cxtinguishcd only by paymcnt to thc operator or to thc county. The transient shall pay the tax to the operator of thc hotcl or travel campground or accommodations intermediary at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel or travel campground. (Ord. No. 85-120, § 2, 7-9-85; Ord. No. 32393-9, § 1, 3-23-93; Ord. No. 082812-4 , § 1, 8-28-12, 9-07-21) State Law reference — Code of Virginia § 58.1-3818.8, § 58.1-3819.1 Sec. 21-204. - Collection. Each operator or accommodations intermediary receiving any payment rent for room rental with respect to which a tax is levied under this article shall collect the amount of tax hereby imposed from the transient on whom the same is levied, or from the person paying for such room rental, at the time paymcnt rent for such room rental is made. The taxes required to be collected hereunder shall be deemed to be held in trust by the operator or accommodations intermediary required to collect the same until remitted as required by this article. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator or accommodations intermediary. No operator of a hotel or travel campground or accommodations intermediary shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator or accommodations intermediary, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereinafter provided. Sec. 21-205. - Reports and remittance of tax. Each operator or accommodations intermediary collecting the tax levied under this article shall make a report, upon such forms and setting forth such information as the commissioner of the revenue may prescribe and require. Such report shall show the amount of room rental charges collected and the tax required to be collected and shall sign and deliver the same to the commissioner, with a remittance of such tax due to the treasurer. Such reports and remittances shall be made quarterly on or before the last day of October, January, April, and July in each year, and shall cover the amount of tax collected during the three (3) months immediately preceding the months in which such reports and remittances are required. If the remittance is by check or money order, the same shall be payable to the county. (Ord. No. 85-120, § 2, 7-9-85) Page 4 of 7 Note: Text additions are in red font. Text deletions are in red font and are struck through. Sec. 21-206. - Failure to collect, report or remit. If any operator or accommodations intermediary shall fail or refuse to collect the tax levied by this article and to make, within the time provided in this article, any report and remittance required by this article, the commissioner shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the commissioner shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax payable by any operator or accommodations intermediary who has failed or refused to collect the same and to make such report or remittance, he shall proceed to determine and assess against such operator or accommodations intermediary the tax, interest, and penalties provided for by this article and shall notify such operator or accommodations intermediary by registered mail sent to his last known place of address of the total amount of such tax, interest, and penalties, and the total amount thereof shall be payable within ten (10) days from the date of such notice. (Ord. No. 85-120, § 2, 7-9-85) Sec. 21-207. - Penalties and interest. If any operator or accommodations intermediary fails or refuses to remit to the commissioner of the revenuetreasurer the tax required to be collected and paid under this article within the time and amount specified in this article, a penalty of ten (10) percent of the amount of the tax, in addition to the amount of the tax, shall be imposed by the treasurer of the county. Further, if the tax remains delinquent and unpaid for a period of one month from the date same is due and payable, a second delinquency penalty of ten (10) percent of the amount of the tax in addition to the amount of the tax and the initial ten (10) percent penalty, shall be imposed. In addition to the penalties imposed, any operator or accommodations intermediary who fails to remit any tax imposed by this article shall pay interest at the rate of one-half ('/2) of one (1) percent per month on the amount of the tax exclusive of penalties, from the date on which the remittance first became delinquent until paid. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to be paid. (Ord. No. 85-120, § 2, 7-9-85) Sec. 21-208. - Records to be kept. It shall be the duty of every operator or accommodations intermediary liable for the collection and payment to the county of any tax imposed by this section to keep and preserve, for a period of two (2) years, such suitable records as may be necessary to Page 5 of 7 Note: Text additions are in red font. Text deletions are in red font and are struck through. determine the amount of such tax, which records the commissioner shall have the right to inspect at all reasonable times. (Ord. No. 85-120, § 2, 7-9-85) Sec. 21-209. - Cessation of business. Whenever any operator or accommodations intermediary required to collect and pay to the county a tax under this article shall cease to operate or otherwise dispose of his business, any tax payable hereunder to the county shall become immediately due and payable and such person shall immediately make a report and pay the tax due. (Ord. No. 85-120, § 2, 7-9-85) Sec. 21-212. - Refunds. (a) Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the county under this article, it may be refunded as provided in paragraphs (b) and (c) of this section, provided a claim in writing therefore, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the commissioner of the revenue within three (3) years of the date of payment. The claim shall be on forms furnished by the commissioner of the revenue. (b) An operator or accommodations intermediary may claim refund or take as credit against taxes collected and remitted the amount over -paid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the commissioner of the revenue that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator or accommodations intermediary. (c) A transient may obtain a refund of taxes over -paid or paid more than once or erroneously or illegally collected or received by the county by filing a claim in the manner provided in paragraph (a) of this section, but only when the tax was paid by the transient directly to the treasurercommissioner, or when the transient having paid the tax to the operator or accommodations intermediary, establishes to the satisfaction of the commissioner that the transient has been unable to obtain a refund from the operator or accommodations intermediary who collected the tax. (d) No refund shall be paid under the provisions of this section unless the claimant establishes his right by written records showing entitlement thereto. (Ord. No. 85-120, § 2, 7-9-85) Page 6 of 7 Note: Text additions are in red font. Text deletions are in red font and are struck through. Sec. 21-213. - Actions to collect. Any tax required to be paid by any transient under the provision of this article shall be deemed a debt owed by the transient to the county. Any such tax collected by an operator or accommodations intermediary which has not been paid to the county shall be deemed a debt owed by the operator or accommodations intermediary to the county. Any person owing money to the county under the provisions of this article shall be liable in action brought in the name of the county for the recovery of such amount. (Ord. No. 85-120, § 2, 7-9-85) This Ordinance shall be effective immediately. Page7of7 Note: Text additions are in red font. Text deletions are in red font and are struck through. 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: September 7, 2021 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: Open district appointments BACKGROUND: 1. Library Board (appointed by District) The following District appointments remain open: Vinton Magisterial District Windsor Hills Magisterial District 2. Parks, Recreation and Tourism Advisory Commission (appointed by District) The following appointments remain open: Mike Roop's three (3) year term representing the Vinton Magisterial District expired June 30, 2019. Rich Tomlinson's three (3) year term representing the Vinton Magisterial District expired June 30, 2021. Murray Cook's three (3) year term representing the Windsor Hills Magisterial District expired June 30, 2020. Page 1 of 2 There is also one open Windsor Hills Magisterial District appointee. 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, SEPTEMBER 7, 2021 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM G - 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 September 7, 2021, designated as Item G - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4 inclusive, as follows: 1. Approval of minutes — May 25, 2021 2. Request to approve the Board of Supervisors budget development calendar for fiscal year 2022-2023 3. Request to accept and allocate grant funds in the amount of $194,925 from the Division of Motor Vehicles for the purpose of Selective Enforcement 4. Request to accept and allocate grant funds in the amount of $145,725 from the Virginia Department of Criminal Justice Services Virginia Victim Witness Fund Page 1 of 1 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: September 7, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Request to approve the Board of Supervisors budget development calendar for fiscal year 2022-2023 Laurie Gearheart Director of Finance and Management Services Daniel R. O'Donnell County Administrator Planning for the fiscal year 2022-2023 operating and capital budgets is underway. Attachment A is the budget development calendar detailing required Board of Supervisors actions, public hearings, budget work sessions, and briefings associated with both the operating and capital budgets. BACKGROUND: As part of the annual budget development process, the Department of Finance and Management Services prepares a budget development calendar for approval by the Board of Supervisors. While the calendar is subject to change, it provides the Board of Supervisors and County staff a clear timeline to meet all legal obligations associated with both the operating and capital budgets. The budget calendar also adheres to requirements set forth within the Comprehensive Financial Policy. FISCAL IMPACT: There is no fiscal impact associated with the approval of the budget development calendar. STAFF RECOMMENDATION: Staff recommends approval of the fiscal year 2022-2023 budget development calendar. Page 1 of 1 ATTACHMENT A Fiscal Year 2022-2023 Budget Development Calendar (dates subject to change) Date Board Actions Public Hearings Briefings/Work Sessions 9/7/2021 Approval of FY 2022-2023 budget development calendar (consent agenda) 9/21/2021 Work Session: Fiscal Year 2020-2021 Preliminary and Unaudited Year -End Overview 10/5/2021 Work Session: Multi -Year Budgeting Review (Finance & Management Services) 10/19/2021 Work Session: Capital Projects Status Update (General Services/PRT, Finance & Management Services) 12/14/2021 Presentation of Year End Financial Results for June 30, 2021, acceptance of audit report and allocation of year end funds Briefing: 2022 Assessment & Regional Economic Conditions (Assessor, Economic Development, Finance & Management Services) Meeting Tentative 1/11/2022 Work Session: County Financial Policies Review - if necessary; Preliminary Discussion of Proposed FY 2023 - FY 2032 Capital Improvement Program 1/25/2022 Approval of updated County financial policies - if necessary Briefing: County Administrator's Proposed FY 2023-2032 Capital Improvement Program Presentation Work Session: FY 2021-2022 Mid -Year Revenue and Expenditure Update; Fiscal Year 2022-2023 Budget Issues (resolution) 2/8/2022 Work Session: FY 2022-2023 Revenue Outlook; County Fees & Charges Compendium 2/22/2022 Work Session: FY 2023-2032 Capital Improvement Program; FY 2022-2023 Compensation Update, Outside Agency Funding 3/8/2022 Briefing: County Administrator's Proposed FY 2022-2023 Operating Budget Presentation 3/22/2022 Adoption of 2022 maximum tax rates (resolution) Public Hearing: Effective Tax Rate (if necessary) Public Hearing: Maximum Tax Rate Work Session: Proposed FY 2022-2023 Operating Budget Information 1 of 2 ATTACHMENT A Fiscal Year 2022-2023 Budget Development Calendar (dates subject to change) Date Board Actions Public Hearings Briefings/Work Sessions Meeting Tentative 4/12/2022 Adoption of 2022 tax rates (order) Public Hearing: Tax Rate Adoption Public Hearing: Operating and Capital Budgets (first of two) Work Session: Proposed FY 2022-2023 Operating Budget Information 4/26/2022 First reading of budget ordinances (total of five ordinances) Approval of School Board budget (resolution) Public Hearing: Operating and Capital Budgets (two of two) 5/10/2022 Second reading of budget ordinances (total of five ordinances) Approval of operating and capital budgets, revenues and expenditures for County and Schools (resolution) 2 of 2 ACTION NO. ITEM NO. G.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 7, 2021 AGENDA ITEM: Request to accept and allocate grant funds in the amount of $194,925 from the Division of Motor Vehicles for the purpose of Selective Enforcement SUBMITTED BY: Howard B. Hall Chief of Police APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: Acceptance and allocation of $194,925 in total grant funding from the Division of Motor Vehicles for traffic enforcement and training. BACKGROUND: The Virginia Highway Safety Office, part of the Virginia Department of Motor Vehicles, oversees the funding and coordination of various highway safety grant programs. These programs are designed to improve the safety of motorists by focusing on a variety of factors that contribute to motorist injury. The Roanoke County Police Department has been awarded Selective Enforcement Grants as part of the ongoing initiative to reduce traffic fatalities in the Commonwealth of Virginia. The Roanoke County Police Department has received grants from the Division of Motor Vehicles for approximately 25 years. The Police Department uses these grants to reduce alcohol and speed related fatalities and serious injuries in traffic crashes, increase occupant protection, and provide additional speed enforcement on 1-81 and I- 581. DISCUSSION: The division of Motor Vehicles awarded to the Roanoke County Police Department the following grants: Page 1 of 2 1. Selective Enforcement Grant in the amount of $74,900 to reduce alcohol related fatalities and serious injuries in traffic crashes with a local match of $37,450. 2. Selective Enforcement Grant in the amount of $38,650 to provide additional speed enforcement with a local match of $19,325. 3. Selective Enforcement Grant in the amount of $16,400 to increase vehicle occupant protection with a local match of $8,200. The grant funds will be utilized for personnel and training costs associated with each grant program, as well as the purchase of three additional laser speed measuring devices. FISCAL IMPACT: The awarded grant funds total $129,950, which includes a required local match of $64,975. The County will meet the local match through operational funds budgeted for fuel and vehicle maintenance in the fiscal year 2021-2022 Police Department budget. STAFF RECOMMENDATION: Staff recommends acceptance and allocation of the grant funds to the Roanoke County Police Department in the amount of $129,950 from the Division of Motor Vehicles for the Selective Enforcement Grants with a local match of $64,975. Page 2 of 2 COMMONWEALTH of VI Richard D. Holcomb Commissioner William Hoopes Sergeant Roanoke County 5925 Cove Rd. Roanoke, VA 24019 Dear William Hoopes: I•' Department of Motor Vehicles 2300 West Broad Street August 1, 2021 GINIA Post Office Box 27412 Richmond, VA 23269-0001 Safety has been and will continue to be a high priority in Virginia's overall transportation system. The Northam administration is committed to ensuring that safety is the highest priority in the development of the Commonwealth's multi -modal transportation system. I am pleased to inform you that the highway safety project proposal(s) listed below is approved for pass -through grant funding from the National Highway Traffic Safety Administration (NHTSA) for Federal Fiscal Year (FFY) 2022. Project Number Project Title FOP-2022-52299-22299 154AL-2022-52276-22276 FSC-2022-52300-22300 Selective Enforcement - Occupant Protection Selective Enforcement - Alcohol Selective Enforcement - Speed Amount Approved $ 16,400.00 $ 74,900.00 $ 38.650,00 The availability of funds under this grant is contingent upon two conditions: (1) the project director and the fiscal contact responsible for the financial management of your grant must attend a grantee workshop and (2) the release of federal funds to the Commonwealth. Your assigned project monitor will be contacting you to provide the dates and locations for this mandatory training. You will receive the Highway Safety Grant Agreement package after the training session. As an award recipient, it is important that you read and follow the information, including the Code of Federal Regulations, carefully. If you have any questions regarding the conditions, please contact the project monitor assigned to your grant. Thank you for your commitment and participation in improving highway safety. We look forward to the positive impact that your project will have on making our roadways safer. Sincerely, Richard D. Holcomb RDH/sm Project Monitor: Steven Williams - Roanoke Region Phone: (804) 497-7100 TTY: (800) 828-1120 Wehsite: www.dmvNOW.com eamvNwww dmv OW.com Virginia Department of Motor Vehicles Post Office Box 27412 Richmond, Virginia 23269-0001 HIGHWAY SAFETY GRANT AGREEMENT Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial and date the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department"1, 2300 West Broad Street. Richmond. Virginia 23220, and the following: Subrecipient: Roanoke County Federal Award Identification Number (FAIN): 69A37520300001540VAA Project Title: Selective Enforcement - Alcohol Project Number: 154AL-2022-52276-22276 Assistance Listing Number (ALN): 20.607 ALN Name: Alcohol Open Container Requirements Grant Award Amount: $ 74,900.00 Federal Funds Obligated: $ 74,900.00 Total Federal Funds Obligated: $ 74,90O.00 Period of Performance: From October 1, 2021, or the date the Highway Safety Grant Agreement is signed by the Director, Virginia Highway Safety Office (whichever is later) through September 30, 2022. Allow 21 days for the Department to complete its review and signature. FINAL VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2022. Source of funds obligated to this award: U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA) Date of Award Letter from NHTSA: September 30, 2021 In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: • Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter referred to as "Grant Agreement"), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subrecipient certifies that this grant does not include research and development. SIGMA' 'URES OF AUTHORIZED APPROVING OFFICIALS For Subrecipient: Se r5ean + 14). S . [lo o p.P < Name and Title of Project Diredtor (print) 2/18/d j For Virginia Department of Motor Vehicles: John Saunders Director, Virginia Highway Safety Office (print) Date Signature Subrecipient's UEI Number 6XLI NPU2 K PNE3 Does your locality/legal entity expend $750,000 or more annually in total federal funds? (check one) r/ Yes No Name and Title of Authorized Approving Official (print) Date Signature Date Department of Motor Vehicles Date Run: 12-JUL-2021 Grant Budget Lines Line Item Desc O O O O O 0 0 O On N 0 id ((00 !▪ + O O O O O O O O O 0 0 PP 0) n N (0 ('f) 1700 SE hours @ approx. $41 per hour VAHSO approved training. Training / Travel In kind match, fuel and vehicle maintenance Matching Funds earns, www dmvNOf4&corn Virginia Department of Motor Vehicles Post Office Box 27412 Richmond, Virginia 23269-0001 HIGHWAY SAFETY GRANT AGREEMENT Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial and date the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department"), 2300 West Broad Street, Richmond, Virginia 23220, and the following: Subrecipient: Roanoke County Federal Award Identification Number (FAIN): 69A37520300004020VA0 Project Title: Selective Enforcement - Occupant Protection Project Number: FOP-2022-52299-22299 Assistance Listing Number (ALN): 20.600 ALN Name: State and Community Highway Safety Grant Award Amount: $ 16,400.00 Federal Funds Obligated: $ '16,400.00 Total Federal Funds Obligated: $ 16,400,00 Period of Performance: From October 1, 2021, or the date the Highway Safety Grant Agreement is signed by the Director, Virginia Highway Safety Office (whichever is later) through September 30, 2022. Allow 21 days for the Department to complete its review and signature. FINAL VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2022. Source of funds obligated to this award: U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA) Date of Award Letter from NHTSA: September 30, 2021 In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: • Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter referred to as "Grant Agreement"), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2). applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subrecipient certifies that this grant does not include research and development. SIGNATURES,OF AUTHORIZED APPROVING OFFICIALS For Subrecipient: Serleoi1 IV. S. /loo s Name and Title of Project Directof (print) /!4/, �0 Signature 51/19/2l Date Subrecipient's UEI Number (,X N H PU2 K P 14E3 Does your locality/legal entity expend $750,000 or more annually in total federal funds? (check one) ✓ Yes No Name and Title of Authorized Approving Official (print) For Virginia Department of Motor Vehicles: John Saunders Director, Virginia Highway Safety Office (print) Signature Date Signature Date Department of Motor Vehicles Date Run: 12-JUL-2021 Grant Budget Lines a a PM: Steven Williams FOP-2022 - 52299 - 22299 - Roanoke County PI G O G O O o 2 is.tNVcri iY O 0 4 O O H V o 0 N ' a v Line Item Desc 400 Selective Enforcement hours @ approx. $41 per hour Fuel and vehicle maintenance Matching Funds 4 9iuiiv www dmv%VOW.com Virginia Department of Motor Vehicles Post Office Box 27412 Richmond, Virginia 23269-0001 HIGHWAY SAFETY GRANT AGREEMENT Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial and date the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department") 2300 West Broad Street, Richmond, Virginia 23220, and the following: Subrecipient: Roanoke County Federal Award Identification Number (FAIN): 69A37520300004020VA0 Project Title: Selective Enforcement - Speed Project Number: FSC-2022-52300-22300 Assistance Listing Number (ALN): 20.600 ALN Name: State and Community Highway Safety Grant Award Amount: $ 38,650.00 Federal Funds Obligated: $ 38,650,00 Total FtR:'Gr l Funds ObIle91ts,•;d. $ 38,i c 0 i?;'' Period of Performance: From October 1, 2021, or the date the Highway Safety Grant Agreement is signed by the Director, Virginia Highway Safety Office (whichever is later) through September 30, 2022. Allow 21 days for the Department to complete its review and signature. FINAL VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2022. Source of funds obligated to this award: U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA) Date of Award Letter from NHTSA: September 30, 2021 In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: • Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter referred to as "Grant Agreement"), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subrecipient certifies that this grant does not include research and development. sett.......ui •.... .... OF AfTII IZED APPROVING OFFICIALS For Subrecipient: � �p SPrgeay+ W S. �nc+!"` Name and Title of Project Director (punt) Signature For Virginia Department of Motor Vehicles: John Saunders Director, Virginia Highway Safety Office (print) Date Signature Subrecipient's UEI Number &AHH PU_ KP)-1 E3 Does your locality/legal entity expend $750,000 or more annually in total federal funds? (check one) ✓ Yes No Name and Title of Authorized Approving Official (print) Date Signature Date Department of Motor Vehicles Date Run: 12-JUL-2021 Grant Budget Lines to itl 0 0 0 0 O LLC) N FF+ o0 0o r) ai cs Lr ▪ 30 0 0 0 ai- PM: Steven Williams t' 0 0 c • x 0 c uo 0 bia0 0 Ci▪ ll to CP ai en ill 1111 IN la ra ilii)CV LL Line Item Desc 800 SE hours @ approx. $41 per hour Stalker LIDAR units Fuel and vehicle maintenance. Matching Funds ACTION NO. ITEM NO. G.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 7, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Request to accept and allocate grant funds in the amount of $145,725 from the Virginia Department of Criminal Justice Services Virginia Victim Witness Fund Laurie Gearheart Director of Finance and Management Services Daniel R. O'Donnell County Administrator Acceptance and allocation of $145,725 for the Victim Witness Program from the Virginia Department of Criminal Justice Services BACKGROUND: In 1984, the General Assembly created the victim/witness grant program and designated the Department of Criminal Justice as the administering agency. The grant funds provide financial support to local victim/witness programs designed to provide direct services, information, and assistance required by Virginia's Crime Victim and Witness Rights Act. DISCUSSION: This grant awarded to the Commonwealth Attorney's Office will be utilized to provide a Victim Witness Program for Roanoke County. FISCAL IMPACT: Awarded grant federal funds for the Victim Witness Program total $102,008 and State Special Funds total $43,717. There is no County match required with the acceptance of this grant. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds to the Commonwealth Attorney's Office Victim Witness Program in the amount of $145,725. Page 2 of 2 Shannon Dion Director Megan Peterson Chief Deputy Director COMMONWEALTH of VIRGINIA Department of Criminal Justice Services July 30, 2021 Daniel O'Donnell County Administrator County of Roanoke Administration 5204 Bernard Drive Roanoke,Virginia 24018 RE: Roanoke County Victim Witness Assistance Program Dear Daniel O'Donnell: Washington Building 1100 Bank Street Richmond, Virginia 23219 (804) 786-4000 www.dcjs.virginia.gov Congratulations on being a recipient of the above referenced grant program! Your DCJS grant award number is 22-01210VW19 and was approved for a total award of $145,725, funded through Award Numbers 2019-V2-GX-0054 and 2020-V2-GX-0048. The project period is 7/1/2021 through 6/30/2022. Included with this letter is a Statement of Grant Award/Acceptance (SOGA). Please note hard copies of the General Special Conditions, as well as the Reporting Requirements and Projected Due Dates, are now referred to as Conditions and Requirements and will be posted online at https://www.dcjs.virginia.gov/grants/grant-requirements within the next two weeks. In addition to the general Special Conditions, there may be grant specific Special Conditions related to your Grant Award called Encumbrances. If there are any, you are required to adhere to these conditions via the On-line Grants Management System (OGMS) at https://ogms.dcjs.virginia.gov/. If you have not previously done so, you must register in order to use this web -based system. The instructions on Registering for a New Account and Submitting Action Item Encumbrances are posted here https://www.dcjs.virginia.gov/grants/ogms-training-resources along with other resources. We will be happy to assist you in any way we can to assure your project's success. To indicate your acceptance of the award and conditions, please sign the included SOGA and return it electronically within the next 60 days to grantsmgmt@dcjs.virginia.gov. If you have questions, contact your DCJS Grant Monitor or Patricia Foster at 804-371-8634 or via email at Patricia.Foster@dcjs.virginia.gov. Sincerely, Shannon Dion STATEMENT OF GRANT AWARD (SOGA) Virginia Department of Criminal Justice Services 1100 Bank Street, 12th Floor Richmond, Virginia 23219 Roanoke County Victim Witness Assistance Program Subgrantee: Roanoke County DUNS Number: 0 DCJS Grant Number: 22-01210VW19 Grant Start Date: 7/1/2021 Grant End Date: 6/30/2022 Indirect Cost Rate: % *If applicable Federal Grant Number: 2019-V2-GX-0054 and 2020-V2-GX-0048 Federal Awardee: OVC Federal Catalog Number: 16.575 Project Description: To provide direct services for crime victims. Federal Start Date: 10/1/2018 Federal Funds: State General Funds: State Special Funds: Total Budget: $102,008 $43,718 $145,725 Project Director Project Administrator Finance Officer Anne Jones Daniel O'Donnell Joshua Pegram Victim Witness Director County Administrator Financial Analyst Roanoke County Courthouse County of Roanoke Administration County of Roanoke 305 E. Main Street Room 202 5204 Bernard Drive 5204 Bernard Drive, Suite 300E Salem, Virginia 24153 Roanoke, Virginia 24153 Roanoke, Virginia 24018 540-387-6181 540-772-2017 540-283-8137 ajonesgroanokecountyva.gov dodonnellgroanokecountyva.gov JPEGRAM@roanokecountyva.gov *Please indicate your ICR in the space provided, if applicable. As the duly authorized representative, the undersigned, having received the Statement of Grant Awards (SOGA) and reviewing the Special Conditions, hereby accepts this grant and agree to the conditions and provisions of all other Federal and State laws and rules and regulations that apply to this award. Signature: Title: Date: Authorized Official (Project Administrator) County of Roanoke Unappropriated Balance, Board Contingency, and Capital Reserves Fiscal Year 2021-2022 3 Y CL (0 U 0 cu 2 aJ In al cc a -I Lf1 a -I a-i a --I Lf) N -. o 00 t.o L!1 c 1 n t40 a1 Lri N Li-) N Cr La 60 ai i/F C C E C L a 7 Q 0 L I: C al 0 Expenditure Contingency O o O V1 N i/1• I, CI LP N Li-) N n l N N O Lf1 ill- Board Contingency v1• 0 0 0 O Li -)al L $ 50,000 of Revenues M N ai Unappropriated Balance O1 1/1 00 N M lO M N i/1• M 0 CO a•-1 dl $ 24,124,662 U (1J O L Q a) cu Ea O U O +' 7 QJ p U -cs C ( N a•-1 0 N O (6 N di. Q m o al %-1 C N 4 O p O an N O t1 C C O -0 -0 MI as u = N C O m 0 N al L. In(6 -a 61 N O� Q Lf1 N c-I Li-) O al U ( (6 c i 0 N to -to = N A Q N E p , .0. O Q Q a h .7 11 N O. C szt Q ( J a-i L(1 0 a) U C C O 0 + aJ -0 a -1 _0N N N N N n O L L -0 O y (0 N O @ Q al U Q C RS a m * Does not include close out of year end balances or any completed capital projects which will be finalized during the year end process this upcoming fall COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Unaudited Outstanding Outstanding June 30, 2021 Additions Deletions September 9, 2021 VPSA School Bonds $ 74,515,490 $ Lease Revenue Bonds 77,530,000 Subtotal 152,045,490 Premiums 10,777,149 $ 162,822,639 $ $ 8,552,438 $ 65,963,052 77,530,000 8,552,438 143,493,052 10,777,149 $ 8,552,438 $ 154,270,201 Submitted By Laurie L. Gearheart Director of Finance and Management Services Approved By Daniel R. O'Donnell County Administrator ACTION NO. ITEM NO. K.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 7, 2021 AGENDA ITEM: Work session to review Roanoke County's Comprehensive Plan with the Board of Supervisors SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: Review with the Board of Supervisors the process to update the County's Comprehensive Plan. BACKGROUND: In 2005, the Roanoke County Board of Supervisors adopted major revisions to the County's Comprehensive Plan. These major revisions were to the County's 1998 Comprehensive Plan. Since 2006, the Roanoke County Board of Supervisors has adopted amendments to the 2005 Comprehensive Plan by incorporating various plans into it. The most recent plans have include the 419 Town Center Plan (2019), the Hollins Center Plan (2020), and the Oak Grove Center Plan (2021). One of the Board of Supervisors goals over the next two years is to update the County's Comprehensive Plan. Staff will update the Board of Supervisors on the update process and schedule. DISCUSSION: This time has been scheduled to discuss the Comprehensive Plan update process. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact associated with this presentation. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors receive this information on the Comprehensive Plan update. Page 2 of 2 C 0 0- 0 0 041 C 0 U 0 Co v 0 mu 0 V D September 7, 2021 Board of Supervisors Work Session N a c v n p O 0 - 0 0 `al 0 D t 00000o 2 QU0a00 c 0 0 a U vi 0Jla) Cc 0�DOOD0.0 U 0 (3)> •cr� � 0�36) 000Dco0D 0 0 C c O c 0 C a Li= " L._ 0 0 0 U63 -c 'i]„) 0 Last update: 2005 00 CO O N c 0 0 0) • c c 0 0_ W h E a gi 0 0 ,,,, „,c, z(-) .40 -,- - u 0) . ci am • E 0 c , o CsI 5el (04 CL"' 0 CWI a C �,= E -8 au t .a . -C1 CN = C CO 4= c N i LLl 2 E RI) CI E g td-) • ='c u IIIICE ..0 ii) c.3. tn 0 CF (1) .0 c'''l )1"2) 0 .c. 2 0 Cim 0 iA111111 .1144 ET c‘40,1 0 • el ow, *6 R E 4i); .4-. c8 0 0 0. •c , , it' 8 c7) ti= c..-z- 0. 0 1.2_ ILI U 2 S o -0 'I" 0 • r Uil SIPM Mal ZI - U 1111: 0 0 C O • C$ 1151 a- OK 0 >- 1 CNI III 111/.!1=1} iii 2 0E c ILI "a . „, . =,u 0 .0 ' -- In 0 w o 0 'rogress Update Pan Website Plan Structure Implementation and Recommendations c 6 E c a) cry • 0) c � 0 • O 4) 0 O) Li 0 W0 45 C 0 a_ U C �o a� tc •"' O O � O wu _, EEMEEZIMen (,) J N i O 0 en W 0 N 0 0 e% 0^ W 0) .y 0 0 H rt • Public Libraries 0 0 a 0 0_ U Q 0 O) O E O 0 Q) O TD 0_ 0 0) w Water and Sewer 0) 0 Future Land Use E O c O W O a) 0 Water Features • Public Schools • Historic Resources 0 0 U c O w -c O O) 0 = m 0 7C2 -C3C O O_c O U O ' cn (3) O) g O 4) QQ =Z Ti) 0 Environmental • Adjacent localities • Transportation c cP 0a- cl, o � 0� > � Q c U_ o 'E a O 'U c O a w+ • CORTRAN 0 U O 0 �U ;O c O - O c �� 0 o0 0 O 0 Q O 7 0. O O) > aE Q 0 c �O c'v, �0 CO) OD Ti O O 00 > 1—U F-O ce_ 0 U .> 0 V) 0 0 0 0 0) c 0 c c w 0 E u U .c 6 _ U oE O>, Broadband/CommlT c 0 0 •> 0 > o �, w 0 0 ce • • • • 0 0 J Public Schools Community Voice 0 c O o OE Q 0 >U • • se, 7e 0 0 102 A, W 0 _c Wmt:) i .5 W i 0 r� tial Meeting: May 24, 2021 how we can reach everyone in the County. EEMEZAVkien a) a) E O U 4-) E E • a) a) 0) a) O c O a0 O0�=�U . . • N . meetings as needed ►pen house -style meetings held from 4:00 p.m. to 8:00 p.m. O' 0 a) co O v) I ,o Q co 0 O - cN v) -E a I N a) co w 6 ? U co c\l o U c c 0-- O U c 0 D 0 O 1 �O 1 0 2 U a ? 6 ce LS) T E(1) E (DE > N _N o% (I) >' w c D0o_U2 O 0 U * 0 ▪ a� 0 0 a -0 u 0- t 2 8 te9- 3 a0= a • a- 0• a. o o a� = a a U a* co U U co Bent Mountain: Bent Mountain Center - Nov. 4 CO 0 > U 0 co z > 1 O o z 0 0 I N E 0 o73 _ a)U� wry .3 0 - } } o > 0 0 a U U > w 0 0 C� (0) Z TrarliaraMen Lorem ipsum dolor sit amet, cons adipiscing elit, se do eiusmod tempor incididunt ut et dolore magna aliqua. Ut enim minim laboris nisi ut aliquip ex ea commodo consequat. Duis a erit in voluptate velit esse cilium c eu fugiat nulla pariatur. ur sint occaecat cupidatat c O Li= 0 O a Maa: A 'ZI) I G1 1 0 C 0 i o_ 0 o_ 0 • c 0 N 0- 0 0 0 Lei 0 ftl -15011 EXESIMMIWAt G Traffic and Safety cc d co Route 419 between Route 220 and Starkey Road (40,450 - busiest non -interstate roadway in R Route 220 between Clearbrook CPA and City of Roanoke (32,696 AADT) Route 419 between Starkey Road and Windsor Hills CPA 'OE Route 221 between Route 419 and Arlington Hills Drive (20,801 Crashes (Jan 2014 - Mar 2021): 1,529 crashes in the Cave Spring CPA In 1,054 (69%), there were no apparent injuries In 44 (3%), someone was seriously injured In 6 (0.4%), someone was killed Crashes tended to be concentrated at major intersections along Route 419, Route 220, and Route 221 C� C is axot September 7, 2021 1in RVTV Videos N assistance needed Promotiona (1) p Department Coordination c C6 0_ cts re; t uJ 1 Ci 0 200 PLAN EMA 0 C 0 0 = u 0 0 D �C 0 U C 0 re a -0 a C o 15 10 + First Marne E CO E z 3 0 a) (7) } X N z oii 0 o } H ACTION NO. ITEM NO. K.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 7, 2021 AGENDA ITEM: Work session to review 419 Town Center Design Guidelines with the Board of Supervisors SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: Review with the Board of Supervisors the process to develop design guidelines for the 419 Town Center study area. BACKGROUND: In 2019, the Roanoke County Board of Supervisors adopted the 419 Town Center Plan into the County's Comprehensive Plan. In January 2021, County staff submitted an application to the State Office of Intermodal Planning and Investment (OIPI) for a technical assistance grant to assist County staff in the development of the design guidelines for the 419 Town Center Plan. In June 2021, County staff was notified that the County's application was approved and that OIPI's on - call consultants Michael Baker along with Renaissance Planning would be working on this project. One of the Board of Supervisors goals over the next two years is to adopt development standards for the 419 Town Center Plan. DISCUSSION: This time has been scheduled to discuss the 419 Town Center Design Guidelines. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact associated with this presentation. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors receive this information on the 419 Town Center Design Guidelines. Page 2 of 2 LLI‹ Zz 00 1=0 co a) V co O. o a) o a) - co o 0 o = 0 a 05 U o co O O co L 0 CO O. O. C.) 0 • • • • • • Observations c co o o_ cou) icz C.) Etes N 0 Z • • Team Introductions Kev Staff & Partners r 'tNV • David Nelson. PLA Mike Callahan. AICP 3ritton. AICP 0 0 0 • v 4 ci) ,o .• i cu E cu •.... o ■ O C) O O o Co O O c a) •o co O •� � O � O } E � C` O a)O. v a). > 4- a) 0 a) D.)o o > c 4- _c C a)lo � O - .c) > E- E . CDO a) O o a >. .� E c� 0 it F. O 0 • • taA — 00 N = L roc c 0 U m O N _c U CID a - o a> > ' E> a, o}' U O O 2 Public meeting & survey 9 • L aw O - N vi aJ c N C O }' a1 +7, U U C Q N ate-+ cn v) •cr)vi a) N O2 aJ -0 Q U a--+ L O -0.N L aJ aJ N > C aJ - 0 L vu co O O N i a1 4-) O '— 0_ (6 v) co a, co E a� az te CID(0 a) a) 4J 4J 4J o (0 (0 03 U W U U U i aJ i i i 0 coverage, and setbacks) a) 1-a ro a) U i!) of. i r ,100 ,MO o a) 0 •, •1 •1 z 11111 11111 4J U 0 0_ cn •4 • .' bp Q >- Project )rdination Develop Design idelines Ordinance Review tecommendations Work Sessions .1 of D) a a) 0 a • V) a) a) Cl Draft & Fina N O N O M K4 4-4 cn O .w �--�1-1 a) K4 rci cn W a) CO 0 O ID O O O a) O I CD la co 0 0 0 Places that are eryone feels welcome and Downtown Roanoke Helps replace car trips with walking and biking. O 4- CC C▪ D - cn C CD CD ▪ 4m Or oimmi ipdi'CNI LA o roil Oyster Point, Newport News cn a) 'or 0 as as rcs 5.1 E Z cn as OW 4.1 al r9, . .-I . 1- 0 ro a) id a) W 0 }� N-1 wA -w TN O • cb 0 0 M E m a� p - E U O O O O O O7 a)O V 0 O L _a Cn 0) - O 0_O) U O N O _0 %_ O p O �• N CD 0) 2 N Cv , a)— a)- ,_ a) U O CD (n O Cn on O 0) O p -1— - y_ -CO _C U -0 O Cn 07 O) p O •_0) � • fn O ,_ -0 0 M O -C p O 0O •— Cn a.)• O O (I) _C O O N Cv O U ;— LE p -0 O7 O C))O •5 N •p E Imo •FJ51161 ix th - Land Us q_ 0 X .E 'iTiti"IMMD7 0 U 0 q- O M 0 U 0 U LE a) > a) J O ortertrip en • t s rx NA as ai +6 r. .,1-1 as rii NA ..-1 o A Wh r W . r-1 VNA z O Cl) C -oO c a c Cl) O O Q O O a) I O - O O O -C- O, 0) O— 0 0 a) 0 •— L O - i O O U G) O' Cl) — O -_ _O CD a) L Cn E O O O L -0 Q O O O O Q CID -C — - 0 Cn 0) O O Q � 0 , O� 0 0 O •> - O 0)-0 � '� (I) O O -0 .O O L O 0-CD0 L Q Q C/) O — O N Q _ = Cn O � O L-0 > O O C1) � - C/) Q) 2O a1 • O c Cn a) O >. m cm c..)Q) c � c � . u) rN O N O N O CO Key Observations So Far • Clear vision of a walkable center with a mix of uses o- N C 0 E m _O = a) L1 -a x -I--,W L O N Q Q = = N 0 O 0 a--' LC) U ▪ cn = = L O N CO c O O L c o O -o c6 c6 E = a) O -0 -I--, MO W O L L c6 ▪ 2 • Access across Route 419 for all modes • Larger parcels that can be catalysts ;stablish the Preferred Streetscape vows t N O N co 127 _./al. Ca i6G ra. w: EeI'EZ7 - rL;1 ea )evelopment Standards 0 4- � O CD C/) a L .0 G) C▪ /) O O U 0 O O CD O LC o, CY) CD CA -C CD L } 4— - i— 0 CD E v a �� Density & intensity Height & step backs Lot coverage and setbacks Building orientation and parking location Discussion Question ements are ,and Uses 'a V y / a) (n a) = O 1▪ 3 4- V O O O O O 4— a) O •� O � O .D) O O 0 O O Q c a) 4- D.�I TS . In Define what you don't want CHARACTER AREA 4 i a a a a a a a 0. z y Lo a a 0. a Q. n+ LL. a a a z a a a a a a dS a a a a a s 8 3 a. ci a Z a a a 8. 6. a SP a o. o. B. C. ❑. Ground floor a a a z a a a a a a N z a a a a a a USE CATEGORY ELLING UNIT TYPES 'AO C C C41 to USTRIAL and FLEX USES . to ro v OA ? ITIONAL USES v 3 4' rescue squad stations ('reference 5.1.09). nple from Albemarle County: Rio/29 District �• (N.• 0 0 tcn a) c• L o a) o 0 O 0 O O C .— 0 0 .O Discussion Questions Design Standards Working Outline ntroduction d c 4- a) 0 U c.) a O Q — (/) -0 O O O O Q O o Q _ >. (N O 0) o O U O 0 (/) Q U U) U U) O O i c.) c.) -0 O s_ -0 i O 4- O 4) >. i Q 4- c N a) O a) a) 0 a) _O (n O a.)O O ~ O O } -I- U a) O O i O N O o 0")C.▪ )O 1--I - O (- O O O } 0 . U N _ � O O U O L = — a) cc c C5 O O O C — O) O • '5 'N O _ i o } = O c c Q5 a) O a)- 0 O } _c C i C Cr)" = 0 i 0 �� CD 6 0 O 0 o N o_0 _c.) c.)o_C O c.) 0 = - C 0 O O d E m 0 • • (I) • a)O O Building Design O 0 a) U 0 1- 0 U O ) 0 0 N O 0 • Public Realm Street context zones, open space, civic space, etc. • mplementation Public sector and private sector opportunities • . • En . 1-i CEP$ N . 1-i En ✓ ci 0 ✓ ci cd En .4 0 cd 0 al _ei igi t3) 0 N c 0 O O a) E O 0 E i q_ 0 0 a) 0 0 0 0 ci) o) O 0 N (1) L CD � O c a) L_ E 0 Q .= E Li- o O �L_ c a) a) N 0 ( E Ca) o_CD-0 C 0 0 E 0 0 a.) Q 0_ O a) O C O - CT) CD•c 0 0 O > a) N L_ -0 a) - 0 O q- 1- C ci)= ' (!) (n E .2 0 E > � 0 0 .0 c 0 •� 0 0 a o - co 0 E a� cn cn 0 cn a) o 0 0_ (� — >- 2 op a) c 0 � L_0 •� .0 CO a.) 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