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Home My WebLink About4/9/2024 - Adopted Board Records ACTION NO. 040924-1 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: April 9, 2024 AGENDA ITEM: Resolution setting the allocation percentage for Personal Property Tax Relief in Roanoke County for the 2024 tax year SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Establish the percentage for personal property tax relief in Roanoke County for the 2024 tax year BACKGROUND: The Personal Property Tax Relief Act (PPTRA or the Act) of 1998 established a State- wide program to provide relief to owners of personal use motor vehicles. The Act provides State funds to localities to reduce local government taxation of personal property. In 2004 and 2005, additional legislation was passed to amend the original Act. This legislation capped PPTRA at $950 million for all Virginia localities for tax years 2006 and beyond. PPTRA funds are allocated to individual localities based on each government's pro rata share of tax year 2004 payments from the Commonwealth. The County's share of the $950 million is $12,229,857. DISCUSSION: The amount the County receives from the State has stayed constant since 2006. However, the personal property tax base continues to change, which has caused less of the personal property tax bill to be offset by PPTRA Funds. The County has used a Personal Property Planning Model developed by the IT staff to Page 1 of 2 allocate the State block grant of $12,229,857. Based on this model, the calculated effective reimbursement rate for Roanoke County citizens for the tax year 2024 is 44.79% The Board is required by the State to annually adopt a resolution setting the percentage reduction in personal property for that year. The attached resolution establishes the percentage at 44.79% for the 2024 tax year. FISCAL IMPACT: The percentage reduction is calculated to distribute the $12,229,857 block grant allocation from the State as described above. There will be some timing delays in the receipt of the State funds since they are received in the following fiscal year (2024- 2025). However, we are allowed to accrue these funds back to the 2023-2024 year for accounting purposes, therefore our budget will be balanced. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution, which establishes the percentage reduction for personal property tax relief at 44.79% for Roanoke County for the 2024 tax year. VOTE: Supervisor Hooker moved to approve the resolution. Supervisor Mahoney seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Laurie Gearheart, Director of Finance and Management Services F. Kevin Hutchins, Treasurer P. Jason Peters, Commissioner of the Revenue 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, APRIL 09, 2024 RESOLUTION 040924-1 SETTING THE ALLOCATION PERCENTAGE FOR PERSONAL PROPERTY TAX RELIEF IN ROANOKE COUNTY FOR THE 2024 TAX YEAR WHEREAS, in accordance with the requirements set forth in Section 58.1-3524 (C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly 2004 Special Session I, and as set forth in item 503.E (Personal Property Tax Relief Program or "PPTRA") of Chapter 951 of the 2005 Acts of Assembly, a qualifying vehicle (as defined in Section 58.1-3523 of the Code of Virginia) with a taxable situs within the County commencing January 1, 2024, shall receive personal property tax relief; and, WHEREAS, this Resolution is adopted pursuant to Ordinance 122005-10 adopted by the Board of Supervisors on December 20, 2005. NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That tax relief shall be allocated so as to eliminate personal property taxation for qualifying personal use vehicles valued at $1,000 or less. 2. That qualifying personal use vehicles valued from $1,001 to $20,000 will be eligible for 44.79% tax relief. 3. That qualifying personal use vehicles valued at $20,001 or more shall only receive 44.79% tax relief on the first $20,000 of value; and 4. That all other vehicles which do not meet the definition of qualifying (for example, including but not limited to, business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. 5. That the percentages applied to the categories of qualifying personal use vehicles are estimated fully to use all available PPTRA funds allocated to Roanoke County by the Commonwealth of Virginia. 6. That this Resolution shall be effective from and after the date of its adoption. Supervisor Hooker moved to approve the resolution. Supervisor Mahoney seconded the motion. Motion approved. AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTS: Richar• . Caywood, P.E. •my Administrator/ Clerk to the Board of Supervisors CC: Laurie Gearheart, Director of Finance and Management Services F. Kevin Hutchins, Treasurer P. Jason Peters, Commissioner of the Revenue 2 ACTION NO. 040924-2 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: April 9, 2024 AGENDA ITEM: Public hearing for citizen comments on the following items: Calendar Year 2024 Real Estate, Personal Property and Machinery and Tools Tax Rates SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Conduct a public hearing to receive citizen comment on the Calendar Year 2024 Real Estate, Personal Property and Machinery and Tools Tax rates. BACKGROUND: State Code requires a public hearing in advance of the adoption of tax rates. This public hearing satisfies that requirement. DISCUSSION: The public hearing scheduled for April 9, 2024, is to receive written and oral comments on setting the tax rates for calendar year 2024 to support the fiscal year 2024-2025 operating budget. The public hearing was advertised on March 26 and April 2, 2024, thereby satisfying State code requirements for public notice. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact associated with this public hearing. STAFF RECOMMENDATION: Staff recommends conducting the public hearing to satisfy State code requirements and receive citizen comment on the Calendar Year 2024 Real Estate, Personal Property and Machinery and Tools Tax rates. Page 2 of 2 ACTION NO. 040924-3 ITEM NO. E.2a-c AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 9, 2024 AGENDA ITEM: Request to adopt the following taxes rates: (a) Resolution setting the tax rate on Real Estate in the County of Roanoke for the calendar year 2024; (b) Resolution setting the tax levy on Personal Property situate in the County of Roanoke for the calendar year 2024; (c) Resolution setting the tax levy on a classification of personal property - Machinery and Tools - situate in the County of Roanoke for calendar year 2024 SUBMITTED BY: Laurie Gearheart Director of Finance and Mana• -flent Services APPROVED BY: Richard L. Caywood County Administra • ISSUE: Board of Supervisors adoption of calendar year 2024 tax rates. BACKGROUND: As part of the annual budget development process, the Board of Supervisors is required to adopt tax rates to support the operating budget for calendar year 2024. DISCUSSION: Proposed tax rates for the twelve month period beginning January 1, 2024 and ending December 31, 2024, were advertised on March 26 and April 2, 2024 as follows: a. Real Estate Tax at a rate of not more than $1.06 per one hundred dollars assessed valuation b. Personal Property Tax at a rate of not more than $3.40 per one hundred dollars assessed valuation c. Machinery and Tools Tax at a rate of not more than $2.80 per one hundred Page 1 of 2 • dollars assessed valuation. Because of rising real estate assessments, assessments for personal property, and recent high levels of inflation, there has been much discussion regarding the potential to evaluate tax rates. Based on these discussions, The County Administrator's Fiscal Year 2024-2025 Proposed Budget was shared with the Board during a briefing on March 26, 2024, and was based on the following tax rates: Real Estate Tax rate of$1.04 per one hundred dollars of assessed value Personal Property Tax rate of$3.40 per one hundred dollars of assessed value Machinery and Tools Tax rate of$2.80 per one hundred dollars of assessed value A public hearing for citizen comment on the tax rates was held on April 9, 2024. A public hearing for citizen comment on the proposed fiscal year 2024-2025 operating budget and proposed fiscal year 2025-2034 Capital Improvement Program will be held on April 23, 2024. FISCAL IMPACT: There will be a fiscal impact to both the current year and the fiscal year 2024-2025 budget from adopting the attached resolutions. The Board of Supervisors' adoption of these resolutions will impact revenue in the current fiscal year. The revenue impact of the two-cent reduction in the Real Estate tax rate will result in approximately $1,200,000 of less revenue. This represents the reduction for the second half of fiscal year 2024 real estate tax revenues in the County's General Government Fund. There is no impact to the Roanoke County Public Schools (RCPS) revenue in the current fiscal year as the transfer to the Schools for fiscal year 2024 has already been finalized through our revenue sharing formula. In fiscal year 2024-2025, the revenue impact resulting from the two-cent change in the Real Estate tax rate will be a reduction in revenue of approximately $2,400,000. As a reminder, the County Administrator's Fiscal Year 2024-2025 Proposed Budget included these changes. STAFF RECOMMENDATION: Staff recommends the Board of Supervisors adopt the attached resolutions for the calendar year 2024 tax rates. 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, APRIL 9, 2024 RESOLUTION 040924-3.a SETTING THE TAX RATE ON REAL ESTATE SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2024 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, that the levy for the twelve-month period beginning January 1, 2024, and ending December 31, 2024, be, and hereby is, set for a tax rate of$1.04 per one hundred dollars of assessed valuation on all taxable real estate and mobile homes classified by Sections 58.1-3200, 58.1-3201, 58.1-3506.A.8, and 58.1-3506.B of the 1950 Code of Virginia, as amended, situate in Roanoke County. Supervisor Shepherd moved to approve the resolution. Supervisor Radford seconded the motion. Motion approved. AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: Ric rd L. Caywood, P.E. ounty Administrator/ Clerk to the Board of Supervisors CC: Laurie Gearheart, Director of Finance and Management Services F. Kevin Hutchins, Treasurer P. Jason Peters, Commissioner of the Revenue Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 9, 2024 RESOLUTION 040924-3.b SETTING THE TAX LEVY ON PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2024 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the levy for the twelve-month period beginning January 1, 2024, and ending December 31, 2024, be, and hereby is, set for a tax rate of$3.40 per one hundred dollars of assessed valuation on all taxable, tangible personal property, excluding that class of personal property generally designated as machinery and tools as set forth in Section 58.1-3507 of the 1950 Code of Virginia, as amended, and excluding all those classes of household goods and personal effects as are defined in Sections 58.1-3504 and 58.1-3505 of the 1950 Code of Virginia, as amended, but including the property separately classified by Sections 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3506 in the 1950 Code of Virginia, as amended, of public service corporations based upon the assessed value thereof fixed by the State Corporation Commission and duly certified. Supervisor Shepherd moved to approve the resolution. Supervisor Mahoney seconded the motion. Motion approved. AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: Ri and L. Caywood, P.E. County Administrator/Clerk to the Board of Supervisors Page 1 of 2 CC: Laurie Gearheart, Director of Finance and Management Services F. Kevin Hutchins, Treasurer P. Jason Peters, Commissioner of the Revenue Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 9, 2024 RESOLUTION 040924-3.c SETTING THE TAX LEVY ON A CLASSIFICATION OF PERSONAL PROPERTY - MACHINERY AND TOOLS - SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2024 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in Section 58.1- 3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. 2. That the levy for the twelve-month period beginning January 1, 2024, and ending December 31, 2024, be, and hereby is, set for a tax rate of$2.80 per one hundred dollars of assessed valuation on all taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by Section 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. Supervisor Radford moved to approve the resolution. Supervisor Mahoney seconded the motion. Motion approved. AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTS: Page 1 of 2 Richard L. Caywood, P.E. County Administrator/Clerk to the Board of Supervisors • CC: Laurie Gearheart, Director of Finance and Management Services F. Kevin Hutchins, Treasurer P. Jason Peters, Commissioner of the Revenue 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, APRIL 9, 2024 RESOLUTION 040924-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM F - 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 April 9, 2024, designated as Item F - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5 inclusive, as follows: 1. Approval of minutes — March 26, 2024 2. Proclamation recognizing the week of April 14-20, 2024, as National Public Safety Telecommunicators Week in the County of Roanoke. 3. Request to accept and allocate grant funds in the amount of$99,590.40 from the Virginia Office of Emergency Medical Services for the "Four-For-Life" distribution. 4. Ordinance to amend Chapter 19 of the Roanoke County Code; Solicitors and Solicitations (Second Reading) 5. Appointment of Amye Shannon to the Library Advisory Board, to fill the vacant seat for the Catawba Magisterial District, to serve a four-year term which will end on December 31, 2027. On motion of Supervisor Hooker to adopt the resolution; seconded by Supervisor North and carried by the following recorded vote: • AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None Page 1 of 2 A COPY TESTE: Richar /Caywood, P.E. Cou Administrator/Clerk to the Board of Supervisors CC: Susan Slough, Director of Emergency Communications C. Travis Griffith, Chief of Fire & Rescue Laurie Gearheart, Director of Finance and Management Services Joshua Pegram, Finance Doug Barber, Sr. Assistant County Attorney Page 2 of 2 ACTION NO. 040924-4.c ITEM NO. F.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 9, 2024 AGENDA ITEM: Request to accept and allocate grant funds in the amount of $99,590.40 from the Virginia Office of Emergency Medical Services for the "Four-For-Life" distribution. SUBMITTED BY: C. Travis Griffith Chief of Fire and Rescue APPROVED BY: Richard L. Caywood County Administrator ISSUE: Accept and allocate funds in the amount of $99,590.40 for the "Four-For-Life" program from the Virginia Department of Health (VDH) Office of Emergency Medical Services (OEMS). BACKGROUND: The Virginia Department of Health (VDH) Office of Emergency Medical Services (OEMS) has awarded the Fire and Rescue Department grant funds totaling $99,590.40 as part of the "Four-for-Life" program funding. "Four-for-Life" funding is legislated by the Code of Virginia §46.2-694 and provides various grant programs to be used only for emergency medical service purposes. The "Four-for-Life" program, as amended in 2000, stipulates those four (4) additional dollars be charged and collected at the time of registration of each passenger vehicle, pickup, or panel truck. Funds may be utilized for training, equipment, and supplies for licensed, non-profit emergency medical service agencies. DISCUSSION: This grant awarded to the Roanoke County Fire & Rescue Department will be utilized to Page 1 of 2 purchase Emergency Medical Service (EMS) equipment, supplies, and training that meet state guidelines. Approval of this grant funding from VDH depends on the appropriate and timely submission of required annual reporting. The Roanoke County Fire & Rescue Department continues to meet those annual requirements to remain eligible for grant funding. FISCAL IMPACT: The grant funds awarded from the "Four-for-Life" program total $99,590.40. No county match is required for the acceptance of this grant. STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds to the Fire and Rescue Department in the amount of $99,590.40 from the Virginia Department of Health Office of Emergency Medical Services. VOTE: Supervisor Hooker moved to accept and allocate the grant funds. Supervisor North seconded the motion. Motion approved. Yes No Absent Mr. Radford ® El El Ms. Hooker ® El El Mr. Mahoney ® El El Ms. Shepherd ® El ❑ Mr. North ® ❑ El CC: C. Travis Griffith, Chief, Fire & Rescue Laurie Gearheart, Director of Finance and Management Services Joshua Pegram, Finance Page 2 of 2 ACTION NO. 040924-4.d ITEM NO. F_4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 9, 2024 AGENDA ITEM: Amendments to County Code Chapter 19 — Solicitors and Solicitations SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: Proposed Amendments to County Code Chapter 19 - Solicitors and Solicitations. BACKGROUND: Recent U.S. Court of Appeals for the Fourth Circuit case law has rendered portions of this Chapter unconstitutional, and the General Assembly has implemented a comprehensive statutory scheme governing solicitations by charitable and civic organizations which severely limits the county's ability to legislate in this area. DISCUSSION: Panhandling: Recent U.S. Court of Appeals for the Fourth Circuit case law has rendered portions of our Code unconstitutional with regards to personal solicitation of charitable contributions (i.e. begging/panhandling). See, e.g., Reynolds v. Middleton, 779 F.3d 222 (4th Cir. 2015) (Henrico County's ordinance, which prohibited solicitation within county roadways, was ruled unconstitutional.). Charitable Solicitation: As noted above, the state has implemented a comprehensive statutory scheme governing charitable and civic organizations. The state statute allows the county to pass an ordinance but only if it is not inconsistent with the state code, and severely restricts the type of organizations which the county can regulate. Those limitations boil down to only allowing the county to require local civic organizations to apply for a permit prior to soliciting funds. Further, before any such ordinance can take Page 1 of 3 effect, it must be submitted to and approved by the Commissioner of Agriculture and Consumer Services. We propose deleting "Article II Permit for Charitable Solicitations" (County Code sections 19-21 through 28) and taking advantage of Virginia Code § 57- 63(D). Section 57-63(D) allows the locality to pass an ordinance requiring charitable organizations, that are required to register with the state, to also register with the county when they are planning on soliciting contributions in the county, and to inform the county of the names of its solicitors that will be in the county. If the Board decides to delete sections 19-21 through 28, the county will still have a remedy against problematic fund raisers. For example, if the police become aware of an organization soliciting funds while committing misrepresentation or fraud, they can enforce County Code 19- 8(c) (prohibiting misrepresentation and fraud). In addition, the County Attorney is specifically authorized by Virginia Code § 57-59(D) to bring an action, in the name of the Commonwealth, to enjoin the violation of any of the applicable state code provisions. Commercial Solicitation: The County has more freedom to regulate in this area; therefore, the few commercial solicitation regulations in Chapter 19 do not require major modification. However, staff recommends adding that commercial solicitors may begin their planned activities as soon as they have submitted the required information and fee. The Proposed Changes Regarding Panhandling: Staff proposes deleting the unconstitutional portions of Chapter 19 regarding panhandling (personal solicitations). Regarding Charitable Solicitation: Staff proposes deleting "Article II Permit for Charitable Solicitations" (County Code 19-21 through 28) and taking advantage of Virginia Code § 57-63(D) which allows the County to require charitable organizations, which are required to register with the state, to inform the county when they will be soliciting in the County and the names of their solicitors. Regarding Commercial Solicitation: Staff proposes adding that the commercial solicitors may begin their planned activities as soon as they have submitted the required information and fee. FISCAL IMPACT: There is no fiscal impact associated with the proposed changes to Chapter 19 of the County Code. STAFF RECOMMENDATION: Staff recommends approving the second reading of the proposed ordinance. No changes have been made since the first reading. Page 2 of 3 VOTE: Supervisor Hooker moved to approve the second reading of the ordinance. Supervisor North seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Doug Barber, Sr. Assistant County Attorney Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 9, 2024 ORDINANCE 040924-4.d AMENDING ROANOKE COUNTY CODE — CHAPTER 19 FOR SOLICITORS AND SOLICITATIONS WHEREAS, recent U.S. Court of Appeals for the Fourth Circuit caselaw has rendered portions of this Chapter unconstitutional; and WHEREAS, the General Assembly has implemented a comprehensive statutory scheme governing solicitations by charitable and civic organizations which has invalidated portions of the Code, and severely limited the county's ability to legislate in this area. 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 19 SOLICITORS AND SOLICITATIONS ARTICLE I. IN GENERAL Sec. 19-1. Definition. A. For the purpose of this chapter, the term "commercial solicitation" shall mean and include any one or more of the following activities: (1) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs or services of any kind, character or description. (2) Seeking to obtain prospective customers for application for, or purchase of, insurance of any type, kind or character. (3) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers or any other type or kind of publication. B. For purposes of this chapter, the term"charitable solicitation" shall mean and include the following: (1) Seeking to obtain contributions for charitable nonprofit organizations or selling any goods, wares, merchandise or other things for the benefit of such an organization. Page 1 of 8 Note:Text additions are in red font.Text deletions are in red font and are struck through. (5) Seek g to obt., n do .+tio s � nd id a e b sting f oa m� o other goods or offering services for these goods. Sec. 19-2. Violation of chapter. Any person violating any provision of this chapter shall be guilty of a Class 4 misdemeanor. Sec. 19-3. Solicitor's permit generally. (a) It shall be unlawful for any person to engage in commercial solicitation in the county unless such person shall have first obtained a permit at a cost as from time to time is established by the board of supervisors. The applicant must provide the commissioner of the revenue with his name, local address, acceptable identification and the name of his employer. The applicant may begin soliciting as soon as the required information and payment is tendered. Any person wishing to solicit subscriptions for books, magazines or other publications may also be required to must also obtain a permit from the commissioner of labor and industry, as required by section 40.1-112 of the Code of Virginia. (b) The provisions of this section shall not be applicable to school children of the county when soliciting for school-sponsored activities_or t„ s licitations ,. nauctea n nt t„ a r it issued under article II of this chapter. Sec. 19-4. Commercial or charitable Ssoliciting prohibited during certain hours and at certain locations. (a) It shall be unlawful for any person to engage in commercial or charitable solicitation in the county at any time prior to 9:00 a.m. or after 9:00 p.m. (b) of a motor vehicle that is in traffic on a public road without a permit for charitable clude the areas of the median and the public right of way-along-the-eerbside, Sec. 19-5. Commercial Solicitors to make certain disclosures to prospects. A person making a commercial solicitation shall disclose to the prospect, at the outset, theirhis name and the company and product or charitable organization theyhe represents. Theyl4e shall carry and show, upon request, company or organization identification, setting forth theirhis name and the company or organization name and address. Sec. 19-6. Soliciting on posted premises. It shall be unlawful for any person to engage in solicitation upon any premises or residence located thereon, if such premises or residence is posted against solicitation by means of a notice prominently displayed, upon which is printed the legend "NO SOLICITORS." Page 2 of 8 Note:Text additions are in red font.Text deletions are in red font and are struck through. Sec. 19-7. Solicitors to leave premises upon request. No person engaged in solicitation shall remain on any premises, or in any dwelling house, apartment or other residence located thereon, after having been asked by the owner or occupant thereof to leave such premises or residence. Sec. 19-8. Fraudulent and deceptive practices by commercial and charitable-solicitors. (a) No person who engages in commercial solicitation shall use any plan, scheme or use or make any statement which indicates or implies that the purpose of such person's visit is other than to obtain orders for or to make sales of goods or services or obtain contributions. (b) No person who engages in commercial solicitation shall misrepresent the right of a buyer of goods or services to rescind or cancel a sale under the provisions of law. (c) It shall be unlawful for any person to knowingly make or perpetrate, or assist or aid in making or perpetrating, in any manner whatsoever, any misstatement, deception or fraud in connection with any commercial or charitable solicitation for property or financial assistance for any purpose in the county. Secs. 19-9-19-20. Reserved. ARTICLE IL 12ERMITREGISTRATION FOR CHARITABLE SOLICITATIONS' Sec. 19-21. Requiredtexeeptions. Registration of Charitable Solicitors. Any charitable organization undertaking a charitable solicitation in the county which is required to register with the Commonwealth of Virginia pursuant to the provisions of sections 57-48 through 69, Code of Virginia (1950), as amended, shall register with the County Administrator or their designee, on forms to be promulgated by the County Administrator: (1) The name of the charitable organization; (2) The names of any solicitors engaged or to be engaged in charitable solicitations on behalf of the organization; and (3) The dates and times that the solicitors will be soliciting in the county. , public o .,te place by i ai1 telephone contributions as the regular exercises or services of any church, religious society, lodge, Page 3 of 8 Note:Text additions are in red font.Text deletions are in red font and are struck through. considered to be solicitations for the purposes of this section. info on: (1) The applicant's name and address and the name and address of the organization for the benefit ofwhich the solicitation is to be made (2) The name and address of the principal officer or manager of the applicant, if the applicant : other than ndivid„al (3) The purpose for which any receipts derived from the solicitation are to be used. (il) The of the n b. ..hom the pts of the olicitatio ill be ved and disbursed (5) The name and address of the person who will be in direct charge of conducting the l iwrxcmrtion.. (6) A., outline of the method to be used nducting the solicitation (7) The time during which the solicitation will be made, giving the proposed dates for the (90)days. (8) A f 11 statemen fth, b ten h 1 d tio„a1 �v�rrzccn�cuccrrrcrrt-6rttiV ErrEl�36tcirccrrt-6rttil:crrici-ctabr�ecr'aciccrorcurer philanthropic, ork being done with:., the c my by the o zation f-the benefit of which the solicitation is to be made (9) The f dera tax e ployer identification n mber. 1 m State and f deral tax e pt identification n mbers (-1-14-Suelt-ether-infermation-as-may-be-required*-the-elerk-to-the-board-of-supervisors4n rder f r hi to f lly deter ine the kind character and < orthiness of the r ed solicitation and for the security of the county and its inhabitants. Sec, 19 23. Investigation as to r of proposed solicitation. Upon receipt of an application for a permit under this article, the clerk to the board of supei is000rs h lull make or c e-to be m t ri easo le period s€ i e,such is, in fact, to be conducted-for-nonprofit-purposes, See. 19 24. Issuance e.. denial. e al of an appl-icatio pe erthis-a icl , the 1 lito the 1.o rd f �CTTV eGYVTl CV CTI{�iCT02 Page 4 of 8 Note:Text additions are in red font.Text deletions are in red font and are struck through. (b) If the clerk to the board of supervisors disapproves the application, he shall deny the permit. In such case, the applicant shall, upon request, be granted a hearing by the county section of this code then the application shall automatically be denied. granted a hearing before the board of supervisors. No permit issued under this article shall, in any case, be construed as, or be deemed to be, of the purpose for which the same is made. See 19 2� N„ ble vcc�rsvzTv� f'f'uv� solicitation. Sec. 1n 27, Revocation. , (2) That such solicitation has been or is being conducted in a manner inconsistent or not in e e e e exist, the permit shall be revoked by the clerk to the board of the supervisors. allowed t„ , eal to the board of superisors whereas the board will the f cts_and determine whether i ,sti feat.., f the p rmit to be oked Page 5 of 8 Note:Text additions are in red font.Text deletions are in red font and are struck through. c >I n 28 n licita*ion v%�TC'll'-li�k t-ira.cc�s�rrcrcu«va. , ch.,r:t.,ble nation.,, ,st . ply, .ith the follow ng« nts• (1) Not less than thirty (30) days prior to the date desired for beginning solicitation, the in-selic-itatien-aetivities-en-behalf-ef-seeh-ehaFitable-erganizatien,Further-the possession--as ace . shall lso s„bmit the following: e.,lth in the .,t „f not less tha million dollars (e1 nnn nnn nm e > e that ; s the nation a„e all individ„als and entities who ffialfbe soliciting, e its behalf Thep of'of ins ranee shall cl„de the hoard of .f the .. .,ty .,dd t:. nal re and m ,st � ci'that the e � e „hich the „t„.,, b, A,, a plie tion p rr.,it foe i the nt f'ten dollars ($10 00) shall be p ,able at the ti a the ., .pleat,. : „bm tte.l Th;s f e shall he, erl_to defray the . .,t„'s cost of processing the a plic.,tion .,nd for; plia ee with the c nd tions f'any p r.nit : e,l through m n:tor:ng ef'the p„b.li„ r ,,ds A„ plic.,nt will be fietifieel4n-writing-ef-the-appreval-er--denial-ef-their-r-equest-within-fifteen-(-1-5-) days after the ,. .,t„'s r pt „f'a e plete.l ., plic tion \Vith;n the e .,t„'s d scretion ortion „f this foe m ,be ref;,n e,l i the a nt a r. it ;s den e,l Page 6 of 8 Note:Text additions are in red font.Text deletions are in red font and are struck through. has obtained qualification from the Internal Revenue Service as a Section 501 c(3) entity. nder the Internal Revenue Colo d. A safety plan which shall describe the measures which the organization will its solicitation activities a„,l ofdrivefs and nts fmoter vehicles t intersections who o1icitations rmitted e.A roster listing-cal-l-fifth nd •.dual h i11 bo d ti„gsolicitat;on Tl, vzxv-=drizr-v�cvixcrcicrm rrcrccrrrorrTrnis restersh ll clu eti . (_3) A dditiona1 solicitation actiy ty rest fictions shall .lude the following• Ar„ m e than „ e (1) r it m .,be issue,l to zation during each calendar Permits shall be valid fo o.1 of ninety (90) .lays f;-eli the date of their issuance; b. Solicitation upon a public road in the county pursuant to a permit shall be „thor ze,l for n e tha., fo (4) g o ++tiveal cendar d.,ys and shall be limited t„ the p o f;-en n•nn .,til e half(l) hour r t„ of .,t the 1~ach :ndiyi.lual solicitor shall have in, his her possession a fo+•.Y, of official ide tif:c.+t:on . ,:th p otog+aph ,cl, a driver's license and shall + a high ,l A c of the o z tion's solicitation p r.�.it shall be m ntained at o ch ; The ., plic,,nt for the ni it or the local nt of contact shall be p „t at the locatio+, of the solicitatio+, duFiRg the all of the Oates and times that solicitations Tf+,...+ltiple loc.,tio+,s .+ ..m tto.l then there shall be � identif ed(4) A dditional c n.litions for c sideration of and of per+,,its• T.. .,dd do „l to the of s ctio 1 n 2 pli ation for.+ olic:t.,tio ;t , ., lo. tl.• ct:o l.o to •o l Lorl • .,1, ,lo ., „t for the a o � + � following-reasons 1 A sol:cit.,t:o+,. rmit h s been : e to „ cl,a table o z tion :s • o , c ently in for o fo g o e of the i tersections „t ...1 ich the ., plica t , 2. In the opinion of the chief of police or his designee, approval of the seheitetien-penni4-at-ene-er-mere-e.f4he-requesteel4nterseetiefts-is-determined t to able ote ti.,l fn .to ol;c:to othe edestr, sor o � Page 7 of 8 Note:Text additions are in red font.Text deletions are in red font and are struck through. vehicle a nts able potential f r disruption to „ al c.xuc.x traffic flow; V 3 The plicant has made a f lse o aterially m sleading statement on the J. I application f rm o a to inf rmation r ec.ted o., behalf of the county; and 4. ^ teri-ali4e�en-e the licitation •t tea der thi� tion �rrirar rrx��vrrcrccrcroxr"pcnrrrr�rui'rccQ-ccrxacrcmT.rcccrorrvc uixTaction by the o zati n e „divid„al solicitor b acting its ehalf which n eaten a clear and i ediate danger to p„blic c.af ty bIss ance of any f r.,.,it , nder thin section shall not r nt a pdorsement by ndication of s peryisie of or c ntrol o r tl,e p eeds r e,7 b y the at:on's charitable solicitation This ordinance shall be in full force and effect from and after its adoption. Supervisor Hooker moved to approve the second reading of the ordinance. Supervisor North seconded the motion. Motion approved. AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: / (✓"" Ric L. Caywood, P.E. Co ty Administrator / Clerk to the Board of Supervisors CC: Doug Barber, Sr. Assistant County Attorney Page 8 of 8 Note:Text additions are in red font.Text deletions are in red font and are struck through. ACTION NO. 040924-4.e ITEM NO. F.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 9, 2024 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: APPROVED BY: Richard L. Caywood County Administrator ISSUE: Appointments to Committees, Commissions BACKGROUND: 1. Library Advisory Board (Citizen Appointments): Amye Shannon - Term Expires: December 31, 2027 FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends approval of appointments. VOTE: (Confirmation of Appointments) Supervisor Hooker moved to approve the appointment. Supervisor North seconded the motion. Motion approved. Page 1 of 2 Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Jim Blanton, Director of Library Services Amye Shannon 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, APRIL 9, 2024 RESOLUTION 040924-7 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW,THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. Supervisor Radford moved to approve the resolution. Supervisor Hooker seconded the motion. Motion approved. AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: Richar• . C. - ood, P.E. Cou• Administrator/Clerk to the Board of Supervisors