Loading...
HomeMy WebLinkAbout11/19/2024 - Adopted Board Records ACTION NO. 111924-1 ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 19, 2024 AGENDA ITEM: Recognition of GIS Department staff on winning a 2024 VACo award for the Town of Vinton's Stormwater Outfall Management Application SUBMITTED BY: Richard L. Caywood County Administrator APPROVED BY: Richard L. Caywood County Administrator ISSUE: This time has been set aside to recognize. GIS Department staff on winning a 2024 VACo award for the Town of Vinton's Stormwater Outfall Management Application. VACo representative James Hutzler will be in attendance and present the award. Page 1 of 1 ACTION NO. 111924-2 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: November 19, 2024 AGENDA ITEM: Ordinance accepting and appropriating proceeds from the sale of the Poage's Mill property in the amount of$845,465 SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Appropriation of proceeds from the sale of the Poage's Mill property BACKGROUND: The Poage's Mill property was purchased in fiscal year 2007-2008 using Major Capital Funds. On September 10, 2024, Roanoke County Public Schools (RCPS) settled the sale of the Poage's Mill property. DISCUSSION: The RCPS received proceeds of $845,465 by wire payment. This revenue was not in their current budget and therefore requires approval by ordinance from the Roanoke County Board of Supervisors. At their October 17, 2024, meeting, the Roanoke County School Board held a public hearing per Code of Virginia 22.1-129 and then approved the following: 1. An appropriation of$845,465 for undesignated special projects in their Major Capital Fund 2. A request to the Roanoke County Board of Supervisors to appropriate $845,465 to the facilities category per Code of Virginia 22.1-115 Page 1 of 2 FISCAL IMPACT: The RCPS budget category for facilities per Code of Virginia 22.1-115 will increase by $845,465 to be used for their special projects. STAFF RECOMMENDATION: Staff recommends approval of the first reading of the ordinance and scheduling the second reading for December 17, 2024. VOTE: Supervisor Mahoney moved to approve the first reading of the amended ordinance and scheduling the second reading for December 17, 2024. Supervisor Hooker seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 19, 2024 RESOLUTION 111924-3.a-f APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM E - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for November 19, 2024, designated as Item E -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6 inclusive, as follows: 1. Approval of minutes— October 22, 2024 2. Resolution establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2025. 3. Ordinance Amending Chapter 5 (Animals and Fowl), Article II (Dogs, Cats and Other Animals), Division 2 (License) and Division 3 (Rabies Control)to provide for a Lifetime Licensing Tax on the ownership of dogs and cats in Roanoke County. (Second Reading) 4. Request to accept and allocate grant funds in the amount of$3,824.37 from the U.S. Department of Justice's Bulletproof Vest Partnership along with a$3,920.13 local match from the fiscal year 2024-2025 Roanoke County Sheriffs Office operating budget. 5. Resolution requesting changes in the Virginia Department of Transportation Secondary System of State Highways, Route 866, Mount Pleasant Boulevard, Vinton Magisterial District. 6. The petition of Tracy Etayo to obtain a special use permit to operate a short-term rental on approximately 0.1803 acre of land zoned R-1, Low intensity Residential District, located at 5445 Endicott Street, Hollins Magisterial District. (First Reading and Request for Second Reading and Public Hearing) Page 1 of 2 On motion of Supervisor Mahoney to adopt all matters on the consent agenda; seconded by Supervisor Radford and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: R' and L aywood, P.E. Count dministrator/ Clerk to the Board of Supervisors CC: Laurie Gearheart, Director of Finance and Management Services Joshua Pegram, Finance Kevin Hutchins, Treasurer Eric Orange, Sheriff Megan Cronise, Assistant Director of Planning Page 2 of 2 ACTION NO. 111924-3.b ITEM NO. E_2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 19, 2024 AGENDA ITEM: Resolution establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2025 SUBMITTED BY: Madeline Hanlon Assistant to County Administrator APPROVED BY: Richard L. Caywood County Administrator ISSUE: To establish a Board of Supervisor's meeting schedule for calendar year 2025 BACKGROUND: The Board of Supervisors of Roanoke County annually establishes a schedule for its meetings. It has been the custom of the Board to schedule its meetings on the second and fourth Tuesdays of each month. The months of August, November and December only have one meeting due to summer and holiday schedules. Finally, the Board must schedule an organization meeting for January 2026. Staff recommends the Board schedule its organization meeting for Tuesday, January 13, 2026. DISCUSSION: There is no discussion associated with this agenda item. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends adoption of the resolution. VOTE: Supervisor Mahoney moved to adopt the resolution. Supervisor Radford seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 19, 2024 RESOLUTION 111924-3.b ESTABLISHING A MEETING SCHEDULE FOR .THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 2025 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That for calendar year 2025, the regular meetings of the Board of Supervisors of Roanoke County, Virginia, are set forth below with public hearings scheduled for 6:00 p.m. unless otherwise advertised. Tuesday, January 14, 2025, at 1:00 pm (Organizational Meeting) Tuesday, January 14, 2025, at 2 pm Tuesday, January 28, 2025, at 2 pm and 6 pm Tuesday, February 11, 2025, at 2 pm Tuesday, February 25, 2025, at 2 pm and 6 pm Tuesday, March 11, 2025, at 2 pm Tuesday, March 25, 2025, at 2 pm and 6 pm Tuesday, April 8, 2025, at 2 pm Tuesday, April 22, 2025, at 2 pm and 6 pm Tuesday, May 13, 2025, at 2 pm Tuesday, May 27, 2025, at 2 pm and 6 pm Tuesday, June 10, 2025, at 2 pm Tuesday, June 24, 2025, at 2 pm and 6 pm Tuesday, July 8, 2025, at 2 pm Tuesday, July 22, 2025, at 2 pm and 6 pm Tuesday, August 19, 2025, at 2 pm and 6 pm Tuesday, September 9, 2025, at 2 pm Tuesday, September 23, 2025, at 2 pm and 6 pm Page 1 of 2 Tuesday, October 14, 2025, at 2 pm Tuesday, October 28, 2025, at 2 pm and 6 pm Tuesday, November 18, 2025, at 2 pm and 6 pm Tuesday, December 16, 2025, at 2 pm and 6 pm 2. That the organizational meeting for 2026 shall be held on Tuesday, January 13, 2026, at 1:00 p.m. On motion of Supervisor Mahoney to adopt the resolution; seconded by Supervisor Radford and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: Richa . Caywood, P.E. ty Administrator/ Clerk to the Board of Supervisors Page 2 of 2 ACTION NO. 111924-3.c ITEM NO. E_3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 19, 2024 AGENDA ITEM: ORDINANCE AMENDING CHAPTER 5 (ANIMALS AND FOWL), ARTICLE II (DOGS, CATS AND OTHER ANIMALS), DIVISION 2 (LICENSE) AND DIVISION 3 (RABIES CONTROL) TO PROVIDE FOR A LIFETIME LICENSING TAX ON THE OWNERSHIP OF DOGS AND CATS IN ROANOKE COUNTY SUBMITTED BY: Kevin Hutchins Treasurer APPROVED BY: Richard L. Caywood County Administrator ISSUE: Ordinance eliminating annual and three-year dog and cat licenses and establishing lifetime licenses. BACKGROUND: The General Assembly first enacted an animal tag licensing requirement in 1984 to help control the spread of rabies with household pets, provide a funding source for locality rabies clinics, and to offer a mechanism to identify animal owners. In 2007, the General Assembly amended the Code of Virginia to require veterinarians to report, every 30 days, to their local treasurers, owner and animal information for all dogs which had been inoculated during the preceding 30 days. After 90 days, if the animal owners have not purchased the required license, the treasurer is required to send a notice to the owner, prompting the owner to purchase the license. This statutory requirement has created an administrative burden for localities in the Commonwealth both in staff time as well as monetary impact; localities incur monthly mailing costs and annual renewal notification costs. It may be argued that such costs do not justify the low revenue-generating license program. Page 1 of 3 In Roanoke County, ongoing administrative costs have increased to more than $8,000, annually, while generating an average annual revenue of just $43,000 (as calculated over the past 3 years). Additionally, over time, Roanoke County has seen annual license issuance decrease from approximately 5,500 to just 2,500 licenses. This corresponds with a 2016 statewide study which concluded that only 60% of animal owners comply with the licensure requirement. Roanoke County also has a corresponding cat license requirement, which maintains the same pricing points as for dogs. It is estimated that compliance by cat owners is less than 20%. Most individual cat owners assert that their pet is an indoor pet and that they therefore do not perceive a need to either inoculate the cat against rabies or comply with the licensing requirement. In 2017, the General Assembly enacted legislation (now codified as Section 3.2-6528 of the Code of Virginia) authorizing localities to issue lifetime dog license for individual dogs and cats. (Please note, this process will have no impact on the issuance of licenses to dog kennels or for dogs adjudicated to be "dangerous dogs"). DISCUSSION: There are perceived benefits to the imposition of lifetime licenses. By converting to a lifetime license, an animal is licensed just one time, reducing the administrative burden of county staff. Additionally, citizens will not be inconvenienced by making multiple trips to the Treasurer's office and paying and annual fees. Such lifetime licenses will still, however, maintain the integrity of the licensing process and rabies control. While administrative costs have continued to rise, the state has not increased the original maximum fee allowed for annual licenses (still allowing localities to charge only $10.00). When establishing the lifetime license provision, the state set a maximum fee of $50.00. However, research has shown that the imposition of higher license prices have been counterproductive to the goal_ of increased inoculations and licensing compliance'. The goal of the program is to maintain proper control and spread of rabies with responsible pet ownership, with minimum government oversight; the main purpose of this program is not revenue generation. Based upon the adoption of lifetime licenses by other localities and a review of surrounding localities' licensing requirements, the Roanoke . County Treasurer recommends that the Board amend the County Code to provide for lifetime dog and cat licenses, and to impose corresponding fee amounts of $20.00 for lifetime dog licenses, and $15.00 for lifetime cat licenses. Page 2 of 3 Animal control enforcement would not be affected by a conversion to a lifetime license, and the burden would be on individual pet owners to maintain current inoculations on their pets for the health and welfare of their animals and the public at large. There have been no changes since the first reading held on October 22, 2024. FISCAL IMPACT: It is anticipated that if the proposed ordinance amendments are adopted, there will be an increase in revenue over the next several years (as more pet owners purchase lifetime licenses), but that revenues will eventually decrease. STAFF RECOMMENDATION: Staff recommends the approval of the ordinance. VOTE: Supervisor Mahoney moved to approve the ordinance. Supervisor Radford seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Kevin Hutchins, Treasurer Peter S. Lubeck, 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, NOVEMBER 19, 2024 ORDINANCE 111924-3.c AMENDING CHAPTER 5 (ANIMALS AND FOWL), ARTICLE II (DOGS, CATS AND OTHER ANIMALS), DIVISION 2 (LICENSE) AND DIVISION 3 (RABIES CONTROL) TO PROVIDE FOR A LIFETIME LICENSING TAX ON THE OWNERSHIP OF DOGS AND CATS IN ROANOKE COUNTY WHEREAS, the Board of Supervisors, Virginia, has authority pursuant to Section 3.2-6524, et. seq. of the Code of Virginia, as amended, to fix and set a license tax for all dogs and cats, to be imposed in Roanoke County, and to adopt an ordinance for the enforcement thereof; and WHEREAS, the first reading of this matter was held on October 22, 2024, and the second reading was held on November 19, 2024. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows, 1. That Chapter 5 (Animals and Fowl), Article II (Dogs, Cats and Other Animals), Division 2 (License) and Division 3 (Rabies Control), is hereby amended as set forth below; all sections not set forth below shall remain unchanged. 2. That this amendment shall be effective on January 1, 2025. DIVISION 2. LICENSE Sec. 5-41. Required. It shall be unlawful for any person to own, keep, hold, or harborew-a a dog or cat four(4) months old or over in this county, unless such dog or cat is currently licensed under the provisions of this division.Such a license shall be valid only as long as the animal's owner resides in Roanoke County and the animal's rabies vaccination is kept current. (Code 1971, § 5-14;Ord. No. 2135, 9-26-78; Ord. No. 72688-11, § 1, 7-26-88; Ord. No.41294-7, § 1,4-12-94, 11-19- 24; Ord No. 111924-3.c)(State Code authority: Section 3.2-6530) Page 1 of 5 Sec. 5-42. License year. (a) Dog and cat licenses shall run by the calendar y ar, namely from January 1 to December 31, inclusive. kennel and dangerous dog licenses shall be issued for each calendar year,from January 1st through December 31st. (b) The owner of a dog or cat may apply for a license not to exceed a three year period of time, so long as this period does not exceed the period that the rabies inoculation for such animal is effective as certified by a veterinarian.All other animal licenses issued on or after January 1, 2025, shall be"lifetime" licenses. (Code 1971, §5-14;Ord. No. 2135,9-26-78;Ord. No.41294-7,§ 1,4-12-94, 11-19-24; Ord No. 111924-3.c) Sec. 5-44. Tax imposed. (a) Commencing on January 1, 2025, a "lifetime" license tax is hereby imposed on dogs or cats required to be licensed under this division in the following amounts(prior to January 1, 2025, licenses were issued for each animal on an annual or three-year basis): 1) (a) The license tax on dogs,for as long as the owner owns the dog, shall be$20. 2) The license tax on cats,for as long as the owner owns the cat, shall be$15. Upon transfer of a dog or a cat to a new owner,the new owner shall likewise pay the license tax. (b) An annual license tax is hereby imposed on kennels and dangerous dogs or cats required to be licensed under this division in the following amounts: (1) Male dog or cat:Ten dollars($10.00). (2) Female dog or cat:Ten dollars($10.00). {3) Neutered or spayed dog or cat: Five dollars($5.00)with a veterinarian's certificate that the dog or cat has been neutered or spayed. 1) (1) Kennel for up to twenty(20)dogs:Twenty-five dollars($25.00). 2) {5) Kennel for up to fifty(50)dogs:Thirty-five dollars($35.00). 3) (6) Dangerous dog, as declared by any general district court or circuit court of this commonwealth or by a community service officer pursuant to section 5-26.1(c)(2)above:one hundred fifty dollars ($150.00)(in addition to the other applicable fees herein).All certificates shall be updated and renewed for a fee of eighty-five dollars($85.00)and in the same manner as the initial certificate was obtained (in addition to the other applicable fees herein). {b) A three-year license tax is hereby imposed on dogs or cats required to be licensed under this division in the following amounts:Three(3)times the rate specified in(a)(1), (2)and(3)above, less ten(10)percent. (c) No license tax shall be levied under this section on any dog that is trained and serves as a guide dog for a blind person or that is trained and serves as a hearing dog for a deaf or hearing:-impaired person.As used herein,the term "hearing dog" means a dog trained to alert its owner, by touch,to sounds of danger and sounds to which the owner should respond. (d) In no event shall the treasurer pay any refund of the license tax imposed by this section. (Code 1971,§5-14;Ord. No. 2135,9-26-78;Ord. No. 52290-7, § 1,5-22-90;Ord. No. 72793-7, § 1,7-27-93;Ord. No.41294-7,§1,4-12-94;Ord. No.060998-7,6-23-98;Ord. No.042313-7, § 1,4-23-13, 11-19-24; Ord No. 111924- 3_c) Page 2 of 5 Sec. 5-45. When and where tax due and payable. The license tax on dogs or cats shall be due and payable at the office of the county treasurer as follows: (1) Iicense.Within thirty(30)days after the dog or cat reaches four(4)months of age or within thirty(30) days of acquiring a dog or cat four(4) months of age. the-owner, the-keen-se-tax, -4) For the period from July 1, 1994,to December 31, 1994,the tax for a cat license shall be fifty(50} percent of the amount stated in section 5 44. (Code 1971,§§5-14,5-15;Ord. No. 2135,9-26-78;Ord. No. 72688-11, § 1,7-26-88;Ord. No.41294-7,§ 1,4-12-94, 11-19-24;Ord No. 111924-3.c) Sec. 5-48. Issuance, composition and contents. (a) Upon receipt of a proper application and the prescribed license tax,the county treasurer shall issue a dog or cat license; provided, however,that such license shall not be issued unless the applicant presents a certificate meeting the requirements of section 5-67 and showing that the dog or cat in question has been vaccinated against rabies as required by section 5-66.When the license is issued,such certificate shall be so marked and returned to the dog's or cat's owner. (b) A dog or cat license shall consist of a license tax receipt and a tag made of twenty-gauge metal or other suitable material in a rectangular shape one-half inch in width and two(2)inches in length,with a one-eighth inch hole at each end. (c) The receipt issued pursuant to this section shall have recorded thereon the name and address of the owner or custodian of the dog or cat,the date of payment,the year for which th,e license is 1«ued,the serial number of the tag and whether the license is for a male,female, neutered or spa e`l dog or cat,or for a kennel or a dangerous dog. (d) The license tag for a dog or cat shall be stamped or otherwise permanently marked,showing: "Roanoke County,Va. Dog Tag,"or"Roanoke County,Va.Cat Tag,"the sex of the dog or cat,the calendar year for whid-and a serial number. (e) The license tag for a kennel shall consist of a license receipt and a tag made of twenty-gauge metal or other suitable material two and one-half(2%)inches in diameter,stamped or otherwise permanently marked, showing"Roanoke County,Va. Kennel Tag,"the calendar year,or such longer period,for which issued,the number of dogs and a serial number. (Code 1971,§§5-16,5-18;Ord. No. 2135,9-26-78;Ord. No.41294-7,§1,4-12-94, 11-19-24;Ord No. 111924-3.c) Page 3 of 5 DIVISION 3. RABIES CONTROL1 Sec. 5-66. Vaccination required. (a) It shall be unlawful for any person to own, keep,hold or harbor any dog or cat over the age of four(4) months within the county,unless the dog or cat has been vaccinated with a vaccine licensed by the United States Department of Agriculture for use in that species within a period of the immediately preceding thirty- six(36) months.Such animals shall continue to receive rabies vaccinations so as to not allow their immunity to expire. If a license has been issued to any dog or cat pursuant to the provisions of this Chapter,and the dog's or cat's immunity to rabies expires,the animal's license shall become void within thirty(30)days of the expiration of immunity. Following such invalidation,the animal's owner or keeper must thereafter provide proof of current vaccination to the Treasurer and again pay the tax amount in order to reinstate the license. (b) Any person transporting a dog or cat four(4) months of age or over into the county from some other jurisdiction shall be required to comply with this section within thirty(30)days after bringing the dog or cat into the county. (Code 1971,§§5-28,5-29; Ord. No. 51287-4, § 1,5-12-87;Ord. No.72688-11, § 1,7-26-88, 11-19-24;Ord No. 111924-3.c) 'State law reference(s)—Rabies inoculation of dogs and domesticated cats,Code of Virginia, §3.1-796.97:1. Page 4 of 5 On motion of Supervisor Mahoney to approve the ordinance; seconded by Supervisor Radford and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: Richar ywood, P.E. C y ministrator / Clerk to the Board of Supervisors CC: Kevin Hutchins, Treasurer Peter S. Lubeck, County Attorney W. Michael Galliher, Clerk, Circuit Court Page 5 of 5 ACTION NO. 111924-3.d ITEM NO. E_4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 19, 2024 AGENDA ITEM: Request to accept and allocate grant funds in the amount of $3,824.37 from the U.S. Department of Justice's Bulletproof Vest Partnership along with a $3,920.13 local match from the fiscal year 2024-2025 Roanoke County Sheriff's Office operating budget SUBMITTED BY: Eric Orange Sheriff APPROVED BY: Richard L. Caywood County Administrator ISSUE: Acceptance and allocation of $3,824.37 from the U.S. Department of Justice's Bulletproof Vest Partnership along with a $3,920.13 local match from the fiscal year 2024-2025 Roanoke County Sheriffs Office operating budget. BACKGROUND: The Bulletproof Vest Partnership (BVP), created by the Bulletproof Vest Partnership Grant Act of 1988, is a unique Department of Justice Initiative designed to provide a critical resource to state and local law enforcement. DISCUSSION: • The Bulletproof Vest Partnership (BVP) has awarded the Roanoke County Sheriffs Office matching grants to assist in the purchase of protective vests. FISCAL IMPACT: The total amount of the grant awarded is $7,744.50, which includes a fifty-one point ninety one percent (51.91%) match. The U.S. Department of Justice grant funds total $3,824.37 and the County match of $3,920.13 was appropriated by the Board of Page 1 of 2 Supervisors in the fiscal year 2024-2025 Sheriffs office budget. No additional appropriation of County funds is required. STAFF RECOMMENDATION: Staff recommends acceptance and allocation of grant funds in the amount of $3,824.37 from the U.S. Department of Justice's Bulletproof Vest Partnership along with allocating $3,920.13 from the Sheriffs Office operating budget to the Grant Fund. VOTE: Supervisor Mahoney moved to accept and allocate the grant funds. Supervisor Radford seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Eric Orange, Sheriff Laurie Gearheart, Director of Finance and Management Services Joshua Pegram, Finance Page 2 of 2 ACTION NO. 111924-3.e ITEM NO. E_5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 19, 2024 AGENDA ITEM: Resolution requesting changes in the Virginia Department of Transportation Secondary System of State Highways, Route 866, Mount Pleasant Boulevard, Vinton Magisterial District SUBMITTED BY: Megan G. Cronise Assistant Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Resolution requesting that the Virginia Department of Transportation (VDOT) abandon a segment of Mount Pleasant Boulevard (Route 866) due to relocation and construction. BACKGROUND: A Revenue Sharing project (VDOT UPC 87549) was completed in 2010 to realign the intersection of Mount Pleasant Boulevard (Route 866) and Jae Valley Road (Route 116) with Sunnyvale Street (Route 809) to improve sight distance and safety. VDOT has asked Roanoke County to abandon the old Mount Pleasant Boulevard roadway alignment that is no longer in place. DISCUSSION: The Mount Pleasant Boulevard roadway segment proposed for abandonment is 0.05 mile long. Other requested changes include correcting roadway lengths and renumbering a portion of Mount Pleasant Boulevard. FISCAL IMPACT: There is no fiscal impact. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends adoption of the resolution. VOTE: Supervisor Mahoney moved to adopt the resolution. Supervisor Radford seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Megan Cronise, Assistant Director of Planning Brian Blevins, Resident Engineer, VDOT Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 19, 2024 RESOLUTION 111924-3.e REQUESTING CHANGES IN THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM OF STATE HIGHWAYS, ROUTE 866, MOUNT PLEASANT BOULEVARD, VINTON MAGISTERIAL DISTRICT WHEREAS, the Virginia Department of Transportation completed a Revenue Sharing Program project in 2010 to improve sight distance and safety at the intersection of Jae Valley Road (Route 116) and Mount Pleasant Boulevard (Route 866); and WHEREAS, the project sketch and VDOT Form AM-4.3, attached and incorporated herein as part of this resolution, defines adjustments necessary in the Secondary System of State Highways as a result of said Revenue Sharing Program project; and WHEREAS, Route 866, identified on the project sketch and VDOT Form AM4.3 to be abandoned, due to the improvement of Route 116, and NOW,THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1) The Board hereby requests the Virginia Department of Transportation to abandon Route 866, identified as the segment between A and B on the project sketch and VDOT Form AM4.3, from the Secondary system of state highways, pursuant to §33.2- 912 of the Code of Virginia, and 2) A certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. On motion of Supervisor Mahoney to adopt the resolution; seconded by Supervisor Radford and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: Richard Caywood, P.E. Coun dministrator/ Clerk to the Board of Supervisors CC: Megan Cronise, Assistant Director of Planning Brian Blevins, Resident Engineer, VDOT SHEET 2 OF 2 Using the DACHS application please submit form AM-4.2 ORoute 809 End of for each roadway segment and the entire project including State Maintenance the mileage and the pavement types reflecting post-construction conditions. to c o i c m 01 'm O N m To Franklin CountyJae Valle Road ,� To City of Roanoke ~ Route 116 rO Q Salem District UPC#87549 Salem Residency a\3,0 j-tI OA Legend M\' iiko�e8ON 66 ROANOKE COUNTY Changes in the Secondary Systems P\ae CO".t due to relocation and construction on M s-90 d RoU\e61, . , rNi+' Virginia Department of Transportation Route 116, Project: 0116-080-R19 ' NyDEIT �Segment(s)of new location to be added to the Secondary System. 1‘ l ; Segment(s)of Secondary Road location to be abandoned. _ 'Pill = —Data Correction-Adjustment to correct RIMS records.Also a�r.°°" Office of Land Use applies to Route Re-Numbering,and Administrative change. Not to Scale ." November 13,2024 Form AM 4.3 ICR ID:38882882 (Rev 11/13/2024) NONE \VDDT COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Form AM 4.3 In Roanoke Coun by Resolution of the gove g body adopted 11/19/20 4 The following VDOT Form AM-4.3 is hereby attach an corporated as part of the verning body's resolution for changes to the s and sys state highways. A Copy Testee Signed(County icial). Report of C anges in the o ary System of State Highways Project/Subdivision: t.Pleasant Blvd&Jae Valley Road Intersection Realignment CHANGE TYPE RTE NUM& CHANGE FROM TERMINI TO TERMINI LENGTH NUMBER OF RECORDAT ROW STREET NAME DESCRIPTION LANES ION WIDTH REFERENC E Length Correction Rt.809-Sunnyvale Int of Rtes 116& 0.39 mi W to end 0.39 0 Street 809 of state maintenance Abandonment Rt.866-Mt. Project§33.2-912 0.22 mi N of Int of 0.27 mi N of Int of 0.05 2 0 Pleasant Boulevard Rtes 617&866 Rtes 617&866 Renumber Rt.866-Mt. Int of Routes 116& 0.22 mi W of Int of 0.03 0 Pleasant Boulevard §33.2-326 809 Routes 617&866 Length Correction Rt.866-Mt Int of Rtes 116& Int of Rtes 866& 0.26 0 Pleasant Boulevard 866 617 ACTION NO. 111924-3.f ITEM NO. E_6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 19, 2024 AGENDA ITEM: The petition of Tracy Etayo to obtain a special use permit to operate a short-term rental on approximately 0.1803 acre of land zoned R-1, Low intensity Residential District, located at 5445 Endicott Street, Hollins Magisterial District. SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Consent agenda item for first reading of ordinance. BACKGROUND: The first reading of this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for December 17, 2024. The title of this ordinance is as follows: The petition of Tracy Etayo to obtain a special use permit to operate a short-term rental on approximately 0.1803 acre of land zoned R-1, Low Density Residential District, located at 5445 Endicott Street, Hollins Magisterial District. DISCUSSION: There is no discussion on this item. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: . That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for December 17. 2024. . That this section of the agenda be. and hereby is, approved and concurred in as to each item separately, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. VOTE: Supervisor Mahoney moved to approve the first reading of this ordinance and scheduling the second reading and public hearing for December 17. 2024. Supervisor Radford seconded the motion. Motion approved. Yes No Absent Mr. Radford ❑ U I I Ms. Hooker ® I I Mr. Mahoney ® I I I-I Ms. Shepherd ® n ❑ Mr. North ® n Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 19, 2024 RESOLUTION 111924-6 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. On motion of Supervisor Hooker to adopt the resolution; seconded by Supervisor Mahoney and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: • ard'C Caywood, P.E. County Administrator / Clerk to the Board of Supervisors ACTION NO. 111924-7 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: November 19, 2024 AGENDA ITEM: Ordinance amending Article III (District Regulations) and Article IV (Use and Design Standards) of the Roanoke County Zoning Ordinance in order to regulate tobacco, nicotine, and hemp product retail sale locations pursuant to Virginia Code Section 15.2-912.4 SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Second reading of an ordinance to amend the Roanoke County Zoning Ordinance in order to regulate tobacco, nicotine, and/or hemp product retail sale locations BACKGROUND: • During this past legislative session, the General Assembly passed a bill that allows localities to regulate the retail sale of tobacco, nicotine, and/or hemp product retail sale locations within 1,000 feet of schools and day care centers. • The new law states as follows: Any locality may by ordinance regulate the retail sale locations of tobacco products, nicotine vapor products, alternative nicotine products. as such terms are defined in § 18.2-371.2, or hemp products intended for smoking, as such term is defined in § 3.2-4112, for any such retail sale location and may prohibit a retail sale location on property within 1,000 linear feet of a child day center as defined in § 22.1-289.02 or a public, private, or parochial school. An ordinance adopted pursuant to this section shall not affect (i) a licensee holding a valid license under § 4.1-206.3 or (ii) any retail sale location of tobacco products. nicotine vapor products, alternative nicotine products, or hemp products intended for smoking operating before July 1, 2024. Virginia Code § 15.2-912.4. Section 4.1-206.3 of the Code of Virginia pertains to the granting Page 1 of 3 of retail licenses for the sale of alcohol; accordingly, any retail business that possesses such a license will be exempt from the provisions of any such ordinance adopted by the Board. • After the General Assembly passed this law, representatives of Roanoke County Public Schools requested that the Board of Supervisors consider regulating retail sales of these products in Roanoke County. • On June 11, 2024, the Board of Supervisors passed a resolution directing the Planning Commission to study and provide a recommendation regarding whether to amend the Roanoke County Zoning Ordinance to regulate the retail sale of these products as allowed under the new law. DISCUSSION: Staff reviewed draft amendments and maps with the Planning Commission at its meeting on August 6, 2024. The proposed amendments would add a use and design standard for the retail sales. convenience stores, fuel centers, and gasoline stations prohibiting the sale of tobacco products, vapor products, alternative nicotine products, or hemp products intended for smoking on properties located within 1,000 feet of a principal school building. The Planning Commission held a public hearing on September 3, 2024. One citizen spoke during the public hearing regarding his concerns on the proposed amendments impacting him locating a cigar/pipe tobacco store in West Village Shopping Center near North Cross private school. The Commission continued the public hearing until its meeting on October 1. 2024, due to recommended changes to the Zoning Ordinance amendments recommended by staff that were not advertised. At the Planning Commission's meeting on October 1, 2024, six (6) people representing Roanoke County Public Schools spoke during the public hearing in support of the proposed amendments to the Zoning Ordinance. Additional letters of support were also submitted for the public record. The Planning Commission discussed the benefits and challenges with the proposed ordinance amendments. The Planning Commission recommended that the Roanoke County Zoning Ordinance be amended in order to regulate the sales of nicotine vapor products, alternate nicotine products, and hemp products intended for smoking on properties within 1,000 feet of the principal school building of public Roanoke County middle and high schools pursuant to the authority granted by Virginia Code § 15.2-912.4. The Planning Commission did not recommend changes to the regulation of the retail sale location of tobacco products. Page 2 of 3 FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the second reading of an ordinance to amend the Roanoke County Zoning Ordinance as recommended by the Planning Commission. VOTE: Supervisor Shepherd moved to approve the approve the ordinance amending the zoning ordinance as proposed and included in the board packet. Supervisor Radford seconded the motion. Motion approved. Yes No Absent Mr. Radford Ms. Hooker ® [ 1 Mr. Mahoney ® n Ms. Shepherd Mr. North CC: Philip Thompson, Director of Planning Peter S. Lubeck, 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, NOVEMBER 19, 2024 ORDINANCE 111924-7 AMENDING ARTICLE III (DISTRICT REGULATIONS) AND ARTICLE IV (USE AND DESIGN STANDARDS) OF THE ROANOKE COUNTY ZONING ORDINANCE IN ORDER TO REGULATE TOBACCO, NICOTINE, AND HEMP PRODUCT RETAIL SALE LOCATIONS PURSUANT TO VIRGINIA CODE § 15.2-912.4 WHEREAS, on April 5, 2024, the General Assembly amended the Code of Virginia by adding § 15.2-912.4 which allows localities to regulate the retail sale locations of tobacco, nicotine, and hemp product sales near schools; and WHEREAS, after Virginia Code § 15.2-912.4 was enacted, representatives of Roanoke County Public Schools requested that the Board of Supervisors consider regulating certain retail sale locations of tobacco, nicotine, and hemp product sales near schools in Roanoke County as allowed under the new law; and WHEREAS, on June 11, 2024, the Board of Supervisors passed a resolution directing the Planning Commission to study and provide a recommendation regarding whether to amend the Roanoke County Zoning Ordinance to regulate the retail sale locations of tobacco, nicotine, and hemp products near schools in Roanoke County as allowed under the new law; and WHEREAS, Roanoke County staff reviewed draft amendments pursuant to the new law and certain maps with the Planning Commission at its meeting on August 6, 2024, and WHEREAS, the Planning Commission held a public hearing on the matter on September 3, 2024, which was continued to and resumed on October 1 , 2024; and Page 1 of 5 WHEREAS, the Planning Commission recommends that the Roanoke County Zoning Ordinance be amended to regulate the sales of nicotine vapor products, alternate nicotine products, and hemp products intended for smoking on properties within 1 ,000 feet of the principal school building of public Roanoke County middle and high schools pursuant to the authority granted by Virginia Code § 15.2-912.4; and WHEREAS, public necessity, convenience, general welfare, and good zoning practice are valid public purposes for such recommendations by the Planning Commission and action by the Board of Supervisors; and WHEREAS, the first reading of this ordinance was held on October 22, 2024, and the second reading and public hearing were held on November 19, 2024. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke as follows: 1. The Roanoke County Zoning Ordinance is hereby amended to read and provide as follows: ARTICLE III - DISTRICT REGULATIONS SEC. 30-53. C-1 LOW INTENSITY COMMERCIAL DISTRICT. Sec. 30-53-2. Permitted Uses. (B) The following uses are allowed only by special use permit pursuant to section 30- 19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 3. Commercial Uses Retail Sales SEC. 30-54. C-2 HIGH INTENSITY COMMERCIAL DISTRICT. Sec. 30-54-2. Permitted Uses. Page 2 of 5 (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 4. Commercial Uses Retail Sales SEC. 30-61. I-1 LOW INTENSITY INDUSTRIAL DISTRICT. Sec. 30-61-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 4. Commercial Uses Retail Sales ARTICLE IV— USE AND DESIGN STANDARDS SEC. 30-85. COMMERCIAL USES. Sec. 30-85-13. Convenience Store. (A) General standards: 4. The retail sale of nicotine vapor products, alternative nicotine products as defined in Sec. 18.2-371.2 of the Code of Virginia, or hemp products intended for smoking as defined in Sec. 3.2-4112 of the Code of Virginia shall be prohibited on properties located within 1,000 feet of a principal school building of any Roanoke County public high school or middle school. This shall not affect (i) a licensee holding a valid license under Sec. 4.1-206.3 of the Code of Virginia or (ii) any retail sale location of nicotine vapor products, alternative nicotine products, or hemp products intended for smoking operating before November 20, 2024. Sec. 30-85-14.5. Fuel Center. Page 3 of 5 (A) General standards: 4. The retail sale of nicotine vapor products, alternative nicotine products as defined in Sec. 18.2-371.2 of the Code of Virginia, or hemp products intended for smoking as defined in Sec. 3.2-4112 of the Code of Virginia shall be prohibited on properties located within 1,000 feet of a principal school building of any Roanoke County public high school or middle school. This shall not affect (i) a licensee holding a valid license under Sec. 4.1-206.3 of the Code of Virginia or (ii) any retail sale location of nicotine vapor products, alternative nicotine products, or hemp products intended for smoking operating before November 20, 2024. Sec. 30-85-16. Gasoline Station. (A) General standards: 4. The retail sale of nicotine vapor products, alternative nicotine products as defined in Sec. 18.2-371.2 of the Code of Virginia, or hemp products intended for smoking as defined in Sec. 3.2-4112 of the Code of Virginia shall be prohibited on properties located within 1,000 feet of a principal school building of any Roanoke County public high school or middle school. This shall not affect (i) a licensee holding a valid license under Sec. 4.1-206.3 of the Code of Virginia or (ii) any retail sale location of nicotine vapor products, alternative nicotine products, or hemp products intended for smoking operating before November 20, 2024. Sec. 30-85-24.5. Retail Sales. (D) General standards: 1. The retail sale of nicotine vapor products, alternative nicotine products as defined in Sec. 18.2-371.2 of the Code of Virginia, or hemp products intended for smoking as defined in Sec. 3.2-4112 of the Code of Virginia shall be prohibited on properties located within 1,000 feet of a principal school building of any Roanoke County public high school or middle school. This shall not affect (i) a licensee holding a valid license under Sec. 4.1-206.3 of the Code of Virginia or (ii) any retail sale location of nicotine vapor products, alternative nicotine products, or hemp products intended for smoking operating before November 20, 2024. 2. That this ordinance shall be in full force and effect from and after its adoption. Page 4 of 5 On motion of Supervisor Shepherd to approve the ordinance; seconded by Supervisor Radford and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Shepherd, North NAYS: Supervisor fella o y A COPY TESTE: Zr' Richa . aywood, P.E. C ty Administrator / Clerk to the Board of Supervisors CC: Philip Thompson, Director of Planning Peter S. Lubeck, County Attorney W. Michael Galliher, Clerk, Circuit Court Page 5 of 5