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HomeMy WebLinkAbout1/14/2025 - Adopted Board Records ACTION NO. 011425-1 Item B.1 a ACTION NO. 011425-2 Item B.1 b AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 14, 2025 AGENDA ITEM: Election of Officers: (1) Chairman (2) Vice Chairman SUBMITTED BY: Rhonda Perdue Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Election of Chairman and Vice-Chairman for 2025 BACKGROUND: Each year at the annual organizational meeting of the Board of Supervisors, the Board elects a Chairman and Vice-Chairman. Section 3.08 of the Roanoke County Charter provides as follows: Section 3.08. Chairman and Vice-Chairman. - The Board shall, at its first meeting in January of each year, elect one of its number as Chairman, who shall preside at such meeting and all other meetings during the term for which so elected, if present. The Board also may elect a Vice-Chairman who shall, if so elected, preside at meetings in the absence of the Chairman and may discharge any other duty of the chairman during his absence or disability. The Chairman and Vice-Chairman shall preside for a term of one (1) year. The Chairman and Vice-Chairman may succeed themselves in office. In the case of the absence from any meeting of the Chairman and Vice-Chairman, the members present shall choose one of their number as temporary Chairman. In addition to the compensation provided members of the Board of Supervisors, the Board may by ordinance fix an additional sum to be paid to the Chairman and Vice-Chairman, not to exceed the limit established by general law, without regard to the maximum salary limits. Page 1 of 2 Chairmen and Vice-chairmen may be elected to serve for terms corresponding to their terms as supervisors or may be elected for such other period as determined by the governing body. If the Board fails to designate a specific term of office for which a chairman or vice-chairman is elected, it shall be presumed that such officers were elected for a term of one (1) year and shall serve until their successors have been elected and qualify (see Sec. 15.2-1422 of the Code of Virginia). It has been the custom of the Board of Supervisors of Roanoke County to elect these officers for terms of one (1) year as provided in the Charter until the next organizational meeting VOTE: (ACTION NO. 011425-1 Item B.1 a) Supervisor Mahoney nominated Supervisor Radford to serve as Chairman for the calendar year 2025. No other nominations. Nomination approved. Yes No Abstain Ms. Hooker ® ❑ ❑ Mr. North ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. Radford ❑ ❑ VOTE: (ACTION NO. 011425-2 Item B.1 b) Supervisor Hooker nominated Supervisor North to serve as Vice-Chairman for the calendar year 2025. No other nominations. Nomination approved. Yes No Abstain Ms. Hooker ® ❑ ❑ Mr. North ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. Radford ® ❑ ❑ Page 2 of 2 ACTION NO. 011425-3 • ITEM NO. CA AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 14, 2025 AGENDA ITEM: RESOLUTION ADOPTING A CODE OF ETHICS AND CONDUCT FOR THE ROANOKE COUNTY BOARD OF SUPERVISORS SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: The adoption of a code of ethics and conduct. BACKGROUND: The Board of Supervisors desires to annually adopt a code of ethics and conduct in order to maintain high levels of public confidence in the Board, avoid any appearance of impropriety, and to avoid unduly influencing others outside the proper scope of office. DISCUSSION: The Board desires to institute the practice of adopting, annually, a code of ethics and conduct, as do many other local governing bodies in Virginia. The adoption of this standard is in no way an expression of concern with the actions of any presently-serving board member, but simply a desire to institute a new practice that the Board will hopes will be of benefit to themselves and the public. FISCAL IMPACT: There is no fiscal impact associated with this action. Page 1 of 2 STAFF RECOMMENDATION: This proposal was initiated by the members of the Board. County staff proudly commend the Board for their commitment to upholding the highest level of ethics and conduct. VOTE: Supervisor Hooker moved to adopt the resolution. Supervisor Mahoney seconded the motion. Motion approved. Yes No Absent Ms. Hooker ® ❑ ❑ Mr. North ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. Radford ® ❑ ❑ CC: Peter S. Lubeck, County Attorney 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, JANUARY 14, 2025 RESOLUTION 011425-3 ADOPTING A CODE OF ETHICS AND CONDUCT FOR THE ROANOKE COUNTY BOARD OF SUPERVISORS WHEREAS, recognizing that they are under constant observation by the media, County employees, business owners, and other county residents, members of the Roanoke County Board of Supervisors affirm that preserving the integrity and dignity of the public office is essential for maintaining high levels of public confidence in our institutions of government; and WHEREAS, members of the Board recognize that as elected legislators, they are in positions of power and influence. County employees, business owners, and other county residents may feel a desire or obligation to afford members of the Board respect and deference. Accordingly, in order to avoid any appearance of impropriety and to avoid unduly influencing others outside the proper scope of their office, the members of the Board of Supervisors intend to hereafter adopt a code of ethics and conduct, annually, at the Board's January organizational meetings. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, that the Board of Supervisors adopts the Code of Conduct and Ethics which is attached and incorporated hereto. 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 Hooker, North, Mahoney, Shepherd, Radford NAYS: None Page 1 of 2 A COPY TESTS: MAttd Rich. . Cayw./1, P.E. Co y Administrator/ Clerk to the Board of Supervisors CC: Peter S. Lubeck, County Attorney Page 2 of 2 ROANOKE COUNTY BOARD OF SUPERVISORS CODE OF ETHICS AND CONDUCT Adopted January 14, 2025 Introduction Recognizing that they are under constant observation by the media, County employees, business owners, and other county residents, members of the Roanoke County Board of Supervisors affirm that preserving the integrity and dignity of the public office is essential for maintaining high levels of public confidence in our institutions of government. Further, members of the Board recognize that as elected legislators, they are in positions of power and influence. County employees, business owners, and other county residents may feel a desire or obligation to afford members of the Board respect and deference. Accordingly, in order to avoid any appearance of impropriety and to avoid unduly influencing others outside the proper scope of their office, the members of the Board of Supervisors hereby adopt the following code of ethics and conduct. 1) Members' Conduct During Public Meetings a. Members of the Board should demonstrate courtesy and extend respectful consideration to each Board member, County employee, and citizen during public meetings. b. Members of the Board should refrain from behaviors or from making statements that may cast doubt on the integrity and competence of the Board or County employees. c. Members of the Board should avoid the use of abusive and threatening language or employ derogatory gestures during any public meeting or gathering. d. Board members should be fully prepared for all Board meetings, having thoroughly studied and researched the agenda packet in preparation for casting votes on all topics coming before the Board. 2) Members' Conduct with County Employees Outside of Public Meetings a. Members of the Board should support the maintenance of a positive and constructive workplace environment for County. b. Members of the Board should not use public resources that are not available to the public in general, such as County staff time, equipment, supplies or facilities, for private gain or personal purposes. c. The Board of Supervisors, as the County's legislative body, has delegated authority for the administration of the County to the County Administrator. Accordingly, individual members of the Board should not: i. Give instruction and direction to County staff, other than to the County Administrator or County Attorney. Members of the Board should not unilaterally direct the County Administrator or County Attorney to take any action, other than to prepare items for placement on the Board's agenda for the entire Board's consideration. ii. Request or organize meetings with County staff, other than with the County Administrator or County Attorney. Members of the Board will not attend County staff meetings unless requested by the County Administrator. iii. Members of the Board should not disrupt County staff while they are in meetings, on the phone, or performing their job functions in order to have their individual needs met. iv. Instruct any County employee, including the County Administrator or County Attorney, not to share any information with other members of the Board. Members of the Board acknowledge that the County Administrator and County Attorney serve the Board as a whole; with respect to the County Attorney, an attorney-client relationship with the County Attorney exists with the Board as a whole, and not with individual members. v. Solicit political support from staff, nor require political support of appointees to boards or commissions. Staff and appointees may, as private citizens with constitutional rights, support political candidates, but all such activities must be done away from the workplace. 3) Members' Conduct with the Public Outside of Public Meetings a. Members of the Board should be mindful, in their interactions with business owners and citizens, of the deference and respect given them by virtue of their position. b. Members of the Board should not share personal opinions in such a way as to give the impression that they are speaking on behalf of the Board as a whole. c. Upon receiving information or complaints from County citizens, members of the Board should share such information or complaints with County Administration for appropriate investigation and action. Members of the Board should not play an active role in facilitating the resolution of any such complaints, including providing assurances of outcomes, or giving direction, to County employees, citizens, or business owners. 4) Compliance and Enforcement a. Members of the Roanoke County Board of Supervisors have the primary responsibility to ensure that the standards of ethics and conduct set forth herein are understood and met, and that the public can continue to have full confidence in the integrity of government. To this end, the Board of Supervisors may impose sanctions on members whose conduct does not comply with these standards pursuant to the following procedures: i. In the event a member of the Board believes that a fellow Board member has violated the provisions of this Code of Ethics and Conduct, he or she may submit a written complaint to the Clerk of the Board. Such written complaint and all communications under this subsection may be submitted by email. ii. The Clerk shall forward the complaint to all members of the Board within a timely manner, not to exceed two (2) business days of receipt of the complaint. iii. The accused Board member shall be afforded a reasonable period of time following receipt of the complaint, but not to exceed five (5) business days, to provide a written response to the Clerk of the Board pertaining to all allegations. The Clerk shall forward this response to all members of the Board within two (2) business days of receipt. iv. The full Board, the County Administrator, and the County Attorney shall meet (at a regularly scheduled or special meeting) within two (2) weeks of receiving the respondent's written reply during which time the Board shall convene into closed session to discuss the allegations and the respondent's reply. During this closed meeting, the chairperson shall pool the members regarding their disposition on the alleged violation and then direct the County Attorney to draft a resolution either affirming the violation or dismissing it in full or in part. v. The resolution detailing the complaint, the accused member's response, and the Board's dispositional position shall be placed on the agenda of the next regularly scheduled meeting of the Board. vi. If, by a majority vote, the Board finds that this Code of Ethics and Conduct was violated by a member of the Board, one or more of the following penalties may be imposed by a separate vote requiring 4 votes in the affirmative: 1. Letter of reprimand and/or censure, 2. Removal from any/all committees, boards, or commissions, and/ or, 3. A fine of$100 for each individual first offense and $500 for every violation thereafter not to exceed $1,000 in any calendar year. vii. If the chairperson is the alleged violator, the vice-chairperson shall carry out the chairperson's duties, including conducting such business items on the Board's agenda. ACTION NO. 011425-4 ITEM NO. F.1-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 14, 2025 AGENDA ITEM: Confirmation of appointments to Roanoke Valley-Alleghany Regional Commission and Planning Commission (District) SUBMITTED BY: Rhonda Perdue Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Confirmation of appointments BACKGROUND: Roanoke Valley-Alleghany Regional Commission: Supervisor Phil North has recommended the appointment of Tammy Shepherd to fill the unexpired term of David Radford on the RVARC. This term will expire June 30, 2026. Planning Commission (District): Supervisor Martha Hooker has recommended the reappointment of Troy Henderson to represent the Catawba Magisterial District for an additional four-year term to expire June 30, 2029. Supervisor Paul Mahoney has recommended the reappointment of Kelly McMurray to represent the Cave Spring Magisterial District for an additional four-year term to expire June 30, 2029. STAFF RECOMMENDATION: Staff recommends confirmation of all the appointments. Page 1 of 2 VOTE: Supervisor Mahoney moved to approve all appointments. Supervisor Hooker seconded the motion. Motion approved. Yes No Absent Ms. Hooker Mr. North Mr. Mahoney Ms. Shepherd Mr. Radford ® ❑ � CC: Virginia Mullen, RVARC Cecilia Thomas, Planning Tammy Shepherd Troy Henderson Kelly McMurray 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, JANUARY 14, 2025 RESOLUTION 011425-5.a-f 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 January 14, 2025, 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 6 inclusive, as follows: 1. Approval of minutes— December 17, 2024 2. Ordinance authorizing the granting of new public drainage easements to the Board of Supervisors of County of Roanoke on property owned by Josha A & Kara B. Cundiff (Tax Map 095.01-01-12.00), located at 7049 Crown Road; John A. & Colleen R. Leonard (Tax Map # 095.01-01-11.00), located at 7041 Crown Road; and, Shatenita & Erskine Jr. Horton (Tax Map#095.01-01-23.00), located at 7062 Crown Road in the Windsor Hills Magisterial District. (Second Reading) 3. Ordinance authorizing the Board of Supervisors of Roanoke County to enter into and execute an amended and restated Extraterritorial Arrest Agreement with the City of Roanoke, the City of Salem, the Town of Vinton,the County of Botetourt, and the County of Craig. (Doug Barber, Sr. Assistant County Attorney and Michael Poindexter, Chief of Police) (Second Reading) 4. Ordinance Amending Chapter 14 of the Roanoke County Code: Parades. (Peter Lubeck, County Attorney) (Second Reading) 5. Ordinance accepting and appropriating funds in the amount of $50,000 from the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund Program and granting signatory authority to the County Administrator or his designee to execute a Performance Agreement with the Virginia Economic Page 1 of 2 Development Partnership for Professional Park, located in the Cave Spring Magisterial District. (Second Reading) 6. Resolution requesting the Commonwealth Transportation Board fund a Demonstration Project Assistance Grant in fiscal year 2026 and half of fiscal year 2027 for shuttle service to the National Park Service's McAfee Knob Trailhead Parking Lot, Catawba Magisterial District. On motion of Supervisor Hooker to adopt all matters on the consent agenda; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Hooker, North, Mahoney, Shepherd, Radford NAYS: None A COPY TESTE: Richa . . Ca ood '.E. my Admin . - .r/ Clerk to the Board of Supervisors CC: Tarek Moneir, Director of Development Services Rachel Lower, Deputy County Attorney Doug Barber, Sr. County Attorney Peter S. Lubeck, County Attorney Megan Baker, Director of Economic Development Laurie Gearheart, Director of Finance and Management Services Paula Benke, Transit Planner Page 2 of 2 ACTION NO. 011425-5.b 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: January 14, 2025 AGENDA ITEM: ORDINANCE AUTHORIZING THE APPROVAL OF NEW PUBLIC DRAINAGE EASEMENTS FOR THE PURPOSE OF CONSTRUCTING DRAINAGE IMPROVEMENTS ON PROPERTY OWNED BY SHATENITA HORTON AND ERSKINE HORTON, JR. (TAX MAP #095.01-01-23.00- 0000) LOCATED AT 7062 CROWN ROAD, WILLIS PAGE (TAX MAP 095.01-01-12.00-0000) LOCATED AT 7049 CROWN ROAD, AND JOHN A. LEONARD AND COLLEEN R. LEONARD (TAX MAP #095.01-01-11.00-0000) LOCATED AT 7041 CROWN ROAD, IN THE WINDSOR HILLS MAGISTERIAL DISTRICT SUBMITTED BY: Tarek Moneir Director of Development Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Ordinance authorizing the acquisition of new public drainage easements to the Board of Supervisors of the County of Roanoke for multiple properties for the purpose of drainage improvements, in the Windsor Hills Magisterial Districts. BACKGROUND: Property owners are granting drainage easements to the County of Roanoke Board of Supervisors located as shown on the attached plats. These easements are for the purpose of correcting long-standing drainage problems. DISCUSSION: The subject parcels were developed decades ago, and the drainage system consists of old galvanized pipe that is failing and causing sinkholes to develop. Total failure of the Page 1 of 3 pipe could result in significant flooding and property damage to the homes in the area. The owners of the impacted parcels (see "Attachment A") have agreed to donate public drainage easements to t h e County o f Roanoke for construction and maintenance of the proposed improvements. Plats indicating the exact location of each proposed easement are attached to the Deeds of Easement. The easements are necessary for the installation and maintenance of a new drainage system which will be designed and constructed to provide adequate and positive drainage. CHANGES SINCE THE FIRST READING: When planning for this project started, 7049 Crown Road was owned by Joshua and Kara B. Cundiff. Just prior to the first reading of this ordinance Roanoke County was notified that 7049 Crown Road had a new owner- Willis Page. Mr. Page was agreeable to granting Roanoke County the drainage easement, and between the first reading and the second reading Mr. Page executed a Deed of Easement. The Deed of Easement signed by Mr. Page is included in this Board Report and in the proposed ordinance. FISCAL IMPACT: There is no cost to Roanoke County for preparation of the easement deeds as they have been prepared by Roanoke County staff. Plats were prepared by consultants as part of the project. Roanoke County will advertise for bids for construction of the drainage improvements. The estimated cost of $200,000 for this project is covered by the American Rescue Plan Act known as ARPA funding available for the Department of Development Services and approved by the Board of Supervisors. Future maintenance for this said easement will be covered by routine maintenance efforts by Department of Development Services. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. VOTE: Supervisor Hooker moved to approve the ordinance. Supervisor Shepherd seconded the motion. Motion approved. Page 2 of 3 Yes No Absent Ms. Hooker ® ❑ 0 Mr. North ® 0 0 Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® 0 ❑ Mr. Radford ® 0 ❑ CC: Tarek Moneir, Director of Development Services Rachel Lower, Deputy County Attorney Page 3 of 3 Tax # 095.01-01-1 4.0o EXHIBIT "A" ...........Z/ NI LOT 2r ', Tax 0 o9ao1-m-1300 / ``\� :::..... LOT 22,..........:fii EX 20 P.U.E '' �75 " `��� P.B. 8, PG 25� i I of ' ./ Ai IA v ,_�' LOT 23 s. `/� \ ��\` ". \\ Tax /095.01-01-12.00 31.3j, • \ Property of LOT PAGE,NVILLIS uNE � • 1 \\ P.B. 8, PG 25(PLAT) CURVE 'A' T1ECL \ \\;• 1 \ DB DB202409649 R y1.9S 5 09°43'44'E L-75 04' 24.11 ; \ ` 1 \� Tan-46.64' \ D=86°04'33" O 1 I e CH-N28°5 T-68. '` N e. CHORD D15T-68.18' TIEc. ©f \ �\ � i LOT 10 N 28°1 2a6• I \ n� 54.67 / \r IN A / 53 \\.. -/ 74`7C162 / f r N79°53'16'E \�\ W Tax #095.01-01-23.00 / �I 1.84' ,e Property of / ji/• P SHATENITA HORTON& f / /` ; Nf9°53'16"E ERSKINE HORTON,Jr. �+ /� �57 5 1 P.B. 8 PC. 25 f p �i `\/ D.8. 1221 PC. 811 (PLAT) / y f 7� \ \ \ \ 1 °`° / / \ \ r, 0 LOT EX 20 P.U.E LINE P.B. $ PG. 25 ' 1 \\ N \\\ TIE \ A Ii /`\ \ \ 95.83' \ LOT 9 �..� / , $ / //l \ \\\\ \ EX i asaetAGE \\ \ Tax / 095.01-01-25.00 / I / \ P.B. a PG 25 . \ WAL1 // / \i \ \ 014, �e 4°J / \ \ \ �� ,i // © \\ \\ LOT 24 \\ \ �� Zy , / \ \ \ ' / \ \ \ / NEW VARIABLE \\ \ \ \ W107x PUBLIC \ \ \ DRAINAGE �' ‘ EASEMENT EX 1�T ' \ \\ \\ \\ D.B. 1260, PG 1017 \ 1 \ �. \ \ 1 // ^09 ` Tax #095.01-01-11.00 \ \ \ �� �i 1 OF Y&f \ \ \c- \ LOT 25 \ COLLEEN R.LEONARD \ \\ \ \\ \ •� P.B. 8 PG. 25 \ \ Tax / 095.01-01-10.00 \ D.B. 1260 PG. 1017 (PLAT) \\ \\ \\ NEW VARIABLE WIDTH PUBLIC DRAINAGE EASEMENT Rf ), SHATENITA HORTON& HIpnn4e ea r 011366 S.F.+/-I ERSKINE HORTON,Jr. SITE \. 8t1202 7062 CROWN ROAD 1 " 94 "w,, WILLIS PAGE S a Pp el O mug DB 8,PG 25(PLAT) 4'' Olt Ben �w\� DB 202409649 q ,f, y ✓ t Oen'«+te'N Sv'oM JOHN A.& CO,..„ 012310 S.F.+/-1 LLEEN R.LEONARD i�� 7041 CROWN ROAD it �6 4 SCALE: 1-= 50' DATE: JANUARY 9, 2025 ~ t PREPARED BY ROANOKE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 14, 2025 ORDINANCE 011425-5.b AUTHORIZING THE APPROVAL OF NEW PUBLIC DRAINAGE EASEMENTS FOR THE PURPOSE OF CONSTRUCTING DRAINAGE IMPROVEMENTS ON PROPERTY OWNED BY (1) SHATENITA HORTON AND ERSKINE HORTON, JR. (TAX MAP #095.01-01- 23.00-0000) LOCATED AT 7062 CROWN ROAD, (2) WILLIS PAGE (TAX MAP #095.01-01-12.00-0000) LOCATED AT 7049 CROWN ROAD, AND (3) JOHN A. LEONARD AND COLLEEN R. LEONARD (TAX MAP #095.01-01- 11.00-0000) LOCATED AT 7041 CROWN ROAD, IN THE WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, it is proposed that (1) Shatenita Horton and Erskine Horton, Jr., (2) Willis Page, and (3) John A. Leonard and Colleen R. Leonard, who own properties on Crown Road in the Windsor Hills Magisterial District, grant drainage easements to the Roanoke County Board of Supervisors to enable the Board to assist in correcting long- standing drainage problems; and WHEREAS, the owners of the impacted parcels have agreed to donate public drainage easements to Roanoke County for construction and maintenance of the proposed improvements to the following parcels, all of which are depicted on the attached "Exhibit A": (1) Property owned by Shatenita Horton and Erskine Horton, Jr. (Tax Map #095.01-01-23.00-0000) located at 7062 Crown Road, (2) Property owned by Willis Page (Tax Map #095.01-01-12.00-0000) located at 7049 Crown Road, and (3) Property owned by John A. Leonard and Colleen R. Leonard (Tax Map #095.01-01-11.00-0000) located at 7041 Crown Road; and Page 1 of 3 WHEREAS, receipt of the proposed easements is necessary to enable the County to assist with the installation and maintenance of a new drainage system; and WHEREAS, the estimated cost for this project is proposed to be funded with distributions received by the County under the American Rescue Plan Act (ARPA); such funding was previously allocated by the Board for use by the Department of Development Services; and WHEREAS, the first reading of this ordinance was held on December 17, 2024, and the second reading of this ordinance was held on January 14, 2025. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the conveyance of new public drainage easements by (1) Shatenita Horton and Erskine Horton, Jr., (2) Willis Page, and (3) John A. Leonard and Colleen R. Leonard to the Roanoke County Board of Supervisors, as depicted on the attached Exhibit A, all of which are located in the Windsor Hills Magisterial District, are hereby approved. 2. That the County Administrator, Deputy County Administrator, or Assistant County Administrator, any of whom may act, are authorized to execute, deliver, and record the deeds, and any other documents, on behalf of the County, and to take such further actions as any of them may deem necessary or desirable in connection with this project. The form of the deeds is hereby approved with such completions, omissions, insertions and changes as the County Administrator may approve, whose approval shall Page 2 of 3 be evidenced conclusively by the execution and delivery thereof, all of which shall be approved as to form by the County Attorney. 3. That this ordinance shall be effective from and after the date of its adoption. On motion of Supervisor Hooker to approve the ordinance; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Hooker, North, Mahoney, Shepherd, Radford NAYS: None A COPY TESTE: Richa . Caywood, P.E. my Administrator/ Clerk to the Board of Supervisors CC: Tarek Moneir, Director of Development Services Rachel Lower, Deputy County Attorney Page 3 of 3 Tax #095.01-01-14.00............t EXHIBIT "A" K. ` \� LOT 21 '' Tar # 095.01-01-13.00 '/e11 \7 22pC 20 P.U.E `� �[ P.B. 8, PG. 25/ e i' S s ` � / / �O��, si.. ,........:ILi.LOT �/ ,to �.. \ LOT 23 �— s9.2"�`-�� ♦ \\ Tax '095.01-01-12.00 .? 3T-s ♦ \ Property of LOT PAGE,WILLIS / UNE �/__R ♦♦ \I �\ P.B 8, PG. 25(PLAT) CURVE 'A' TIE4--� \\'• 1 \ DB DB202409649 R 49.95 S 09°43'44'E L.75.04' 24.11 \ \ 1 \ '� Tan"46.64' \ D=86°04'33- O 1 I '\\ eCH.N2r56'52'W QiORD DIST-68.18' r__�l'1 LOT 10 n zs 4 z+n6 / \ why ©1I \ �'`�^'• 54.6r / \y j�` / nE \ �1 Tax #095.01--01-2J.00 // / 1 T N79°84' .00' \ W Property of / 11 SHATENITA HORTON& / r Ni9°5g'16" \ \ ERSKINE HORTON,Jr. le Sj,S P.B. 8 PC. 25 / P 0.8. 1221 PG. 811 (PLAT) / y r 1 OLD / 1 , \ J LOT EX 20 P.U.E \\ A UNE P.B. $ PG. 25 ' , \\N \\ TIEST \`� / / ` \ \ S24'2524'E 44r /�\ \ \ 95.83' \ ' LOT 9 ��� // . 1 / // \ \\\\\ \ a 115'�T a.\\ Tax / 095.01-01-25.00 , i / \ \P.EI 8, P& 25 • walr i / / \� \ \ ,, Q / 0 \ \ 1 �� �� // \\ \\ LOT 24 \� i� 'ye / / \ \ `/ ,� /�NEYV VAR/ABLE \\ \\ \ 1WIDTH pusuc♦ ORA/NAGS �' ♦`EASEMENT a 1TDRAINAGE \ \\ \ \ 1 • '/�� //� 1° \♦ Tax f095.01-01-11.00• \\ \ �\ /i / ♦ Property of \ \ LOT 25 \ COLLE JOHN ALEONARD \ \ ,� ♦♦ P.B. 8 PG. 25 \ \ ` 1 Tax } 095.01-01-10.00 \ D.B. 1280 PG. 1017 (PLAT) \♦ \\\ `\ 411114 NEW VARIABLE WIDTH PUBLIC DRAINAGE EASEMENT ',9. Illjeffields PN 1 I• °,,,, SHATENITA HORTON& Highfl >elda 011366 S.F. +/-, ERSKINE HORTON,Jr. SITE '1,.. Rt12o2 ..",., 7062 CROWN ROAD • • 1 • BO `.Cld� .eai Fo.� WILLIS PAGE R°ecw I 1 S o N(7,5 µ6 sai O -- DB 8,PG 25(PLAT) 1 4? rte Book Creek DB 202409649 �'' -MmMmy saws ,IN ,� JOHN A.& ,y�c, O t2310 S.F. +/-J COLLEEN R.LEONARD 7041 CROWN ROAD 4,6 ;4; i ` SCALE: 1"= 50' DATE: JANUARY 9, 2025 I: PREPARED BY ROANOKE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES ACTION NO. 011425-5.c 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: January 14, 2025 AGENDA ITEM: ORDINANCE AUTHORIZING THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO ENTER INTO AND EXECUTE AN AMENDED AND RESTATED EXTRATERRITORIAL ARREST AGREEMENT WITH THE CITY OF ROANOKE, THE CITY OF SALEM, THE TOWN OF VINTON, THE COUNTY OF BOTETOURT, AND THE COUNTY OF CRAIG SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: Ordinance amending the Roanoke Valley Extraterritorial Arrest Agreement. BACKGROUND: Roanoke County has been a signatory of the Roanoke Valley Extraterritorial Arrest Agreement since 1985, which enables officers and deputies from participating jurisdictions to exercise police powers in other participating jurisdictions. The purpose of this amendment is to (1) add the County of Botetourt and the County of Craig to the list of participating jurisdictions, and (2) authorize all participating jurisdiction law enforcement officers and deputies who are working off duty for the Crisis Intervention Team Assessment Center (CITAC) to exercise extraterritorial arrest powers. DISCUSSION: This amendment adds two additional jurisdictions and authorizes police officers and deputies, working off duty at CITAC, to exercise law enforcement powers even if they Page 1 of 2 are outside their employing jurisdictions. There have been no changes since the first reading held on December 17, 2024. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends approval of this ordinance. VOTE: Supervisor Hooker moved to approve the ordinance. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Ms. Hooker Mr. North ® ❑ Mr. Mahoney Ms. Shepherd ® El � Mr. Radford ® ❑ CC: Doug Barber, Sr. Assistant County Attorney 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, JANUARY 14, 2025 ORDINANCE 011425-5.c AUTHORIZING THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO ENTER INTO AND EXECUTE AN AMENDED AND RESTATED EXTRATERRITORIAL ARREST AGREEMENT WITH THE CITY OF ROANOKE, THE CITY OF SALEM, THE TOWN OF VINTON, THE COUNTY OF BOTETOURT, AND THE COUNTY OF CRAIG WHEREAS, in October of 1985, the County of Roanoke and the City of Roanoke entered into an extraterritorial agreement which granted arrest powers to the County Sheriffs deputies and the City's police officers for certain traffic related offenses; and WHEREAS, in April of 1991, an amended extraterritorial agreement was executed by the County of Roanoke and the City of Roanoke to reflect the establishment of the Roanoke County Police Department and certain technical amendments to the Virginia Motor Vehicle Code; and WHEREAS, in April of 2013, an amended extraterritorial agreement was executed by the County of Roanoke, the City of Roanoke, the City of Salem, and the Town of Vinton expanding the arrest powers of officers in those jurisdictions to any violation of state law; and WHEREAS, in July of 2017, the notification provisions of this agreement were removed because the police departments in the Roanoke Valley were all using the state-wide LINX system thus removing the need for manual notifications; and WHEREAS, the Roanoke Valley Crisis Intervention Team Assessment Center ("CITAC") is operated by Roanoke Valley Community Services Board, Blue Ridge Behavioral Health, Inc., and this amended and restated agreement now expands extraterritorial arrest powers to cover all participating jurisdiction officers and deputies working off duty at CITAC if they are required to exercise police powers; and WHEREAS, the County of Botetourt and the County of Craig have requested to participate in CITAC which initiated a new proposed CITAC Memorandum of Understanding and the present proposed Amended and Restated Agreement expanding the grant of reciprocal arrest powers to include said Counties; and WHEREAS, Virginia Code § 15.2-1736 provides that the governing bodies of localities may enter in and become a party to contracts or mutual aid agreements for the use of their joint forces, both regular and auxiliary, their equipment and materials to maintain peace and good order; and WHEREAS, Virginia Code § 15.2-1300 provides for the joint exercise of powers by political subdivisions of the Commonwealth of Virginia which must be adopted by ordinance; and WHEREAS, the first reading of this ordinance was held on December 17, 2024, and the second reading and public hearing was held on January 14, 2025. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: 1. That the County Administrator, Deputy County Administrator, or Assistant County Administrator, any of whom may act, are hereby authorized, by and on behalf of the County of Roanoke, to enter into and execute an Amended and Restated Extraterritorial Arrest Agreement between the County of Roanoke, the City of Roanoke, the City of Salem, the Town of Vinton, the County of Botetourt, and the County of Craig, in substantially the same form as the agreement attached hereto. 2. That this ordinance shall be in full force and effect from and after its passage. On motion of Supervisor Hooker to approve the ordinance; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Hooker, North, Mahoney, Shepherd, Radford NAYS: None A COPY TESTE: Richard aywood, P.E. Cou Administrator/ Clerk to the Board of Supervisors CC: Doug Barber, Sr. Assistant County Attorney ACTION NO. 011425-5.d 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: January 14, 2025 AGENDA ITEM: ORDINANCE AMENDING ROANOKE COUNTY CODE CHAPTER 14: PARADES SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: Amendment of Chapter 14 of the Roanoke County Code. BACKGROUND: In 2021, the County Amended its Parks ordinance (Chapter 15 of the County Code). Part of these revisions involved removing some provisions pertaining to the issuance of permits for public gatherings. Prior to this time, the Director of Parks was charged with issuing permits for such gatherings. It was determined that, at some point in the future, it would be desirable to vest such authority with the Chief of Police; the Chief of Police would have the resources to ensure that any such gatherings could be conducted in an orderly and safe manner. DISCUSSION: It is proposed that Chapter 14 of the Roanoke County Code be amended, as set forth in the attached ordinance, to grant the Chief of Police authority to issue permits for certain public gatherings that take place as parades, assemblies, and demonstrations. These amendments are consistent with the recommendations of the Governor's Task Force on Public Safety Preparedness, as promulgated December 2017, and are designed to facilitate free assembly and speech by ensuring, through a permitting process (which will enable the County to have advance notice of such events, and to Page 1 of 2 facilitate safe and orderly planning), that any such gatherings do not become violent. There have been no changes since the first reading held on December 17, 2024. FISCAL IMPACT: There is no fiscal impact associated with this action. STAFF RECOMMENDATION: Staff recommends approval of the ordinance. VOTE: Supervisor Hooker moved to approve the ordinance. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Ms. Hooker 111 Mr. North Mr. Mahoney ® ❑ Ms. Shepherd El Mr. Radford ® ❑ CC: Peter S. Lubeck, County Attorney 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, JANUARY 14, 2025 ORDINANCE 011425-5.d AMENDING ROANOKE COUNTY CODE — CHAPTER 14 PARADES WHEREAS, in order to ensure that the County is prepared to deal with significant public assemblies and demonstrations, the following proposed amendments are provided; WHEREAS, the first reading of this ordinance was held on December 17, 2024, and the second reading was held on January 14, 2025. 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 14 ASSEMBLIES, DEMONSTRATIONS, AND PARADES' ARTICLE-1,-IN-GENERAL Sec. 14-1. Short title. This chapter shall be known and may be cited as the"Assembly, Demonstration, and Parade Ordinance of the County of Roanoke." (Code 1971, § 11A-1; Ord. No. 2993-4, § 1, 2-9-93) Ser 11-7 Definitions For the purposes of this chapter,the following words and phrases shall have the meanings respectively ascribed to them by this section: Chief of police:The chief of police of the Roanoke County Police Department or his designee. Parade:Any parade, march,ceremony, show,exhibition, pageant or procession of any kind,or any rally, demonstration or similar display,in or upon any street, park or other outdoor place owned or under the control of 'Cross reference(s)—Motor vehicles and traffic generally, Ch. 12; driving through parades, § 12-10; parking on parade route, § 12-53. the county. Legally permitted picketing or processions which do not block or impede a r asonable flow of traffic shall not be considered a parade subject to this chapter. Parade permit:A permit required by this chapter. Person:Any individual,corporation, partnership,association,organization or other entity. Street:Any public street, whether or not officially part of the state highway system maintained by the Virginia Department of Transportation or its successor, sidewalk,or public place within the County of Roanoke. {Code 1971,§11A 2; Ord. No. 2993 1,§ 1, 2 9 93) Cep 1 A_2 Violations of chanter Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 1 misdemeanor. (Code 1971, § 11A 4; Ord. No. 2993 11, § 1, 2 9 93} G eference(sl_Penalty 4or Class 1 misde,-,eano. 5 1 1 n Every person conducting or participating in a parade for which a permit is issued under this chapter shall comply with all applicable laws of the state and ordinances of the county.Violation of any such laws or ordinances by any individual participant in a parade or observing a parade shall subject such individual to arrest or other appropriate action.The chief of police shall retain the authority to cancel any parade permit and immediately halt any parade when in his opinion an accumulation of such violations shall substantially threaten the public safety or order. {Code 1971, § 11A 11; Ord. No. 2993 1,§ 1, 2 9 93} The applicant for a parade permit and any other person,organization,firm or corporation on whose behalf the application is made, by filing such application,thereby represent,stipulate,contract and agree that they will jointly and severally indemnify and hold the county harmless against liability for any and all claims for damage to property or injury to,or death of, persons arising out of the conduct of the parade by its participants. {Code 1971, § 11A 16;Ord. No. 2993 1,§1, 2 9 93} Sec 1A G Obstructing interfering with eta It shall be unlawful for any person to harass, obstruct, impede or interfere with any parade or parade assembly for which a permit has been granted under this chapter,or with any person,vehicle or animal participating or used in such parade. Likewise, it shall be unlawful for any participant in any parade to address or incite bystanders by using abusive or thr atening language or actions which would tend to provoke such bystander or others to a br ach of the p ace. {Code 1971, § 11A 3; Ord. No. 2993 4,§ 1, 2 9 93) No person participating in any parade shall carry any wqapon which if conc aled would constitute a violation of section 18.2 308(A)(ii)through (iv)of the Code of Virginia,or any w apon of like kind as those enumerated in section 18.2 308(A)(ii)through(iv), or whose possession would otherwise constitute a violation of any section of title 18.2 of the Code of Virginia, 1950, as amended.The chief of police shall retain the authority to require that all participants in any parade submit to a pat down s arch or other procedure, including passage through a metal detector,to ensure compliance with this section prior to any parade.This prohibition shall not apply to members of any color guard, drill t am, military unit, lodge or any other persons by whom the display of wgapons during a parade would not constitute a threat to the maintenance of law and order or the preservation of the public peace. {Ord. No. 2993 4, § 1, 2 9 93;Ord. No.092419 7, § 1,9 24 19} The chief of police may establish classes of parades for purposes of determining the ordinary costs of providing traffic control and other normal administrative costs to the county based strictly upon the time, place, and manner of the parade.Such classification of parades shall be in accordance with written standards previously week(including holidays)of the parade; b)the expected duration of the parade;c)the expected number of participants in the parade;d)the anticipated parade route;e)the types of vehicles in the parade;f)any requirements imposed by the Virginia Department of Transportation(VDOT)directly related to use or restrictions dpon4fie-u-se-ef-pdb-}i-e-streets-e-r-h-i-g-hwaysancl-g-)-other--facte-Fs-r-easenably related to the smooth progress of the parade. {Ord. No. 2993 4, § 1, 2 9 93} Cer 1 A U Applicability of article to the Town of Vinton The provisions of this article shall not be applicable within the limits of the Town of Vinton. (Ord. No. 2993 4,§ 1, 2 9 93} Secs. 14 10-14 20. Reserved. ARTICLEU. PERMIT Cer 1A_21 Required• exceptions {a) It shall be unlawful for any person to stage, present, conduct, participate in,form or start a parade,unless a permit has been issued for such parade pursuant to the provisions of this article. (b) This section shall not apply to: {1) Funeral processions. {2) Lawful picketing or other orderly processions on the sidewalks that do not violate any state laws or county ordinances. {3) A governmental agency acting within the scope of its functions. {4) Convoys of troops or equipment pursuant to proper military orders. laws and does not unreasonably restrict the flow of traffic upon any street. (Code 1971, §§ 11A 4, 1}1A 6; Ord. No. 2993 4, § 1, 2 9 93} Sec. 11-22. An-r ication—Gener lly A person seeking the issuance of a parade permit shall file an application with the chief of police on forms provided by the chief of police. Such ' ti h ll h fi' t th- riftee., (,5)da s before the dat which it is proposed to conduct the parade.The appl+cat on shall be contain the following information: {1) The name,address and telephone number of the person seeking to conduct the parade. heads of such organization. be responsible for its conduct. {1) The date when the parade is to be conducted. {5) The route to be traveled,the starting point and the termination point. ..d the type of als and a description of thy,vehicleo (7) The hours when such parade will start and terminate. proposed to be traversed. (9) The location, by streets,of any assembly areas for the parade. (11) The purpose of the parade. determination as to whether the p mit should be is ed {Code 1971,§11A 7;Ord. No.62690 8,§7,6 26 90;Ord. No. 2993 4, § 1, 2 9 93} Sec, 14- came—Rrecessing fee. administrative fee {a) A fee in the amount of twenty five dollars($25.00)to cover the expenses incident to processing an .,Ived in rade activity (Code 1971, §11A 7;Ord. No.62690 8, §7,6 26 90;Ord. No. 2993 1,§ 1,2 9 93} Sec 1 A 24 Issuance er denial thereof, by either issuing or denying the permit. If he denies the permit,the chief of police shall mail to the person aggrieved shall have the right to appeal such denial or granting of a parade permit to the circuit court of such permit. {b) The chief of police shall issue a parade permit when,from a consideration of the application and from such other information as may otherwise be obtained, he finds that: {1) The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route. 42) The conduct of the parade will not require the diversion of so gr at a number of law enforcement officers of the county,to properly police the line of movement and the areas contiguous thereto, as to prevent normal police protection to the county. {3) The conduct of the parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the county other than that to be occupied by the proposed line of march and ar as contiguous thereto. {1) The concentration of persons,animals and vehicles at a' embly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas. {5) The conduct of the parade will not interfere with the movement of fire fighting or rescue squad equipment or vehicles en route to a fire, accident scene or other emergency. violence. {7) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route. {8) The parade is not to be held for the sole purpose of advertising any product,goods or event and is not designed to be held purely for private profit.This provision shall not prohibit signs identifying organizations or sponsors furnishing or sponsoring floats or transportation for the parade. {9) The proposed parade route has been approved by the Virginia Department of Transportation where closure of all or a portion of a Virginia State Primary or Secondary Route is involved. {c) The chief of police, in denying an application for a parade permit, may authorize the conduct of the parade on a date, at a time or over a route different from that named by the applicant.An applicant desiring to written notice of acceptance with the chief of police.An alternative parade permit shall conform to the requirement of and shall have the effect of a parade permit under this chapter. {Code 1971, §§11A 8-11A 11; Ord. No. 62690 8, § 7,6 26 90;Ord. No. 2993 4, §1, 2 9 93} Sec 1A_75 Conten4tc Each parade permit shall contain the following information: {1) Date of the parade. {2) Starting time and termination time of the parade. {3) The portions of the streets to be traversed that may be occupied by the parade. {4) The number of persons,animals and motor vehicles that will be in the parade. {Code 1971, § 11A 13; Ord. No.62690 8, §7,6 26 90;Ord. No. 2993 4,§ 1, 2 9 93} Sec 1A_7C Cony Fo be cent +e cert3in effici3lc Immediately upon the issuance of a parade permit,the chief of police shall send a copy thereof to the �: {1) The county administrator. (2) The chairman of the board of supervisors. (3) Each supervisor through whose district the parade route will travel. (1) The chief of the fire and rescue department. (Code 1971, § 11A 12;Ord. No.62690 8, §7,6 26 90; Ord. No. 2993 4,§ 1, 2 9 93) Sec 1A_77 Te 4e carried by leader The parade chairman or other person organizing or leading a parade shall carry the parade permit upon his person during the conduct of the parade. (Code 1971, § 11A 14;Ord. No. 2993 4, § 1, 2 9 93) It shall be unlawful for any person to fail to comply with all directions and conditions of a parade permit.Any material failure to comply with the parade information set forth in the application including any deviation from the parade route or unjustified delay in starting or terminating the parade shall be grounds for immediate revocation of the parade permit by the chief of police and the prompt disbanding of the parade functions. (Code 1971, §§ 11A 1, 11A 14; Ord. No. 2993 4, § 1, 2 9 93) Sec. 14=29,Revocation. The chief of police shall have the authority to immediately revoke a parade permit upon any violation of the standards for issuance, as set forth in section 14 24{b). (Code 1971, § 11A 15;Ord. No.62690 8, §7, 6 26 90; Ord. No. 2993 4,§ 1, 2 9 93) Sec. 14-2. Purpose. Pursuant to the authority granted to the county by the Code of Virginia'and its general police powers,the county does hereby adopt the following sections in order to provide for the public health,safety and general welfare in the county,to ensure the free and safe passage of pedestrians and vehicles on the public rights-of-way, and to ensure the safe and unimpaired use and enjoyment of public property, including parks, in places open to the general public, and otherwise to regulate and control the time, place,and manner of activities that would otherwise threaten or impair the public health,safety,and welfare in the county while also encouraging the exercise of the rights to free speech and assembly in the county. Sec. 14-3. Violations of chapter. Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 1 misdemeanor. Sec. 14-4. Dispersal of activity. Whenever the free passage of any street,sidewalk,shared use path,greenway or trail in the county shall be obstructed by a crowd,congregation, parade, meeting,assembly or procession,or the conduct of ten or more persons,except as authorized by any permit issued pursuant to this chapter,the persons comprising said group 2 See Virginia Code§§18.2-42 (Assault or battery by mob),406(What constitutes an unlawful assembly; punishment),407(Remaining at place of riot or unlawful assembly after warning to disperse),411 (dispersal of unlawful or riotous assemblies;duties of officers),and §46.2-818(Stopping vehicle of another; blocking access to premises,damaging or threating commercial vehicle or operator thereof; penalties). shall disperse or move when directed to do so by a police officer. It shall be unlawful for any person to refuse,and said refusal shall be a violation of this chapter. Sec. 14-5. Definitions. The following terms shall have the meanings set out herein: (a) "Parade" means any march,demonstration,procession,or motorcade consisting of people, animals,or vehicles,or a combination thereof,with a moving footprint, upon the streets,sidewalks,or other public areas, including parks,within the county with an intent or likely effect of attracting public attention that interferes with or has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic upon the streets,sidewalks,shared use paths,greenways,trails or other public property. (b) "Picket" means anyone who participates in a public assembly,demonstration, march, parade, picket line, procession, rally,or spontaneous event on the streets,sidewalks,shared use paths,greenways,trails parks,or other public areas of the county, either as an individual or as part of a group. (c) "Public assembly" means any meeting,demonstration, picket line, rally or gathering,with a generally stationary footprint, upon the streets,sidewalks, parks,or other public areas within the county, of more than ten people for a common purpose as a result of prior planning that interferes with or has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic or that interferes with or has a tendency to interfere with the normal use of any public property in a place open to the general public. (d) "Spontaneous event" means an unplanned or unannounced coming together of people,animals or vehicles in a parade or public assembly which was not contemplated beforehand by any participant therein and which is caused by or in response to unforeseen circumstances or events occasioned by news or affairs first coming into public knowledge within five days of such parade or public assembly. Sec. 14-6. Classes of parades; standards for classification. The chief of police,or his or her designee, may establish classes of parades or public assemblies for purposes of determining the ordinary costs of providing traffic control and other normal administrative costs to the county based strictly upon the time, place,and manner of the parade.Such classification of parades shall be in accordance with written standards previously adopted and publicized by the chief taking into consideration the following factors: a)time of day and day of the week(including holidays); b)the expected duration;c)the expected number of participants;d)the anticipated route or location;e)the types of vehicles in a parade;f)any requirements imposed by the Virginia Department of Transportation (VDOT)directly related to use or restrictions upon the use of public streets or highways;and g)other factors reasonably related to the smooth progress of the parade or public assembly. Sec. 14-7. Permit required. (a) It shall be unlawful for any person to conduct or participate in a public assembly,demonstration,or parade on the public streets,sidewalks,shared use paths,greenways,trails parks,or other public property of the county, in a place open to the general public,for which a written permit has not been issued in accordance with the provisions of this chapter. (b) This permit requirement shall not apply to: (1) Spontaneous events; (2) Recreational activities, including jogging or walking,that do not require closing public streets or other public rights-of-way and that do not interfere with or have a tendency to interfere with the normal use of any public property,including parks, in a place open to the general public; (3) Door-to-door advocacy,including canvassing, pamphleteering, religious or political proselytizing and the distribution of written materials, and similar activities that do not interfere with or have a tendency to interfere with the free passage of pedestrians and vehicles on the public rights-of-way or the normal use of any public property,including parks,in a place open to the general public;provided, however,that any persons or organizations engaging in such activities shall comply with any other applicable requirements of the county code; (4) Door-to-door sales of goods or services,and similar activities that do not interfere with or have a tendency to interfere with the free passage of pedestrians and vehicles on the public rights-of-way or the normal use of any public property, including parks, in a place open to the general public; provided, however,that any persons or organizations engaging in such activities shall comply with any other applicable requirements of the county code; (5) Funeral processions; (6) Students going to and from school classes or participating in educational activities,provided that such conduct is under the immediate direction and supervision of the proper school authorities; (7) The United States army, navy,air force, marines,and coast guard,the military forces of the state and the police and fire departments of the county; (8) A governmental agency/agencies acting within the scope of its functions; (9) Activities occurring on Carvins Cove Natural Reserve which is owned and regulated by the city of Roanoke;and (10) Any procession which is restricted to one lane of traffic or less and complies with all traffic signals and laws and does not unreasonably restrict the flow of traffic upon any street. (c) Permits may be granted if they are requested by individuals or organizations who desire to have a permit, even though the permit is not otherwise required under this chapter. Sec. 14-8. Application. (a) Any person desiring to conduct a parade or public assembly shall make written application to the chief of police,or his or her designee,at least five days prior to such parade or public assembly.Such application shall set forth the following information: (1) The name,address and telephone number of the person requesting the permit; (2) The name and address of any organization or group the applicant is representing; (3) The name,address and telephone number of the person who will act as the parade or public assembly leader or chairperson and who will be responsible for the conduct of the parade or public assembly; (4) The type of public assembly, including a description of the activities planned during the event; (5) The date and time(start and ending)of the parade or public assembly; (6) If an assembly,the specific location or locations of the assembly; (7) If a parade,the specific assembly and dispersal locations,the specific route,and the plans, if any,for assembly and dispersal; (8) The approximate number of people,animals,and vehicles which will constitute such parade or public assembly and the type of animals and a description of the vehicles; (9) A statement as to whether the parade or public assembly will occupy all or only a portion of the width of the streets,sidewalks,shared use paths,greenways,trails,other public rights-of-way,or park proposed to be traversed or used; (10) A description of any recording equipment,sound amplification equipment, banners,signs,or other attention-getting devices to be used in connection with the parade or public assembly;and (11) Such other information as the chief of police,or his or her designee, may deem reasonably necessary in order to properly provide for traffic control,street and property maintenance,administrative arrangements, police and fire protection,and for the protection of public health,safety, and welfare. (b) The chief of police,or his or her designee,shall not issue the permit if any information supplied by the applicant is intentionally false or misleading. (c) The chief of police,or his or her designee,shall have the authority to,and shall make reasonable efforts to consider an application hereunder which is filed less than five days before the date the parade or assembly is proposed to be conducted if,after due consideration of the date,time, place,and nature of the parade or public assembly,the anticipated number of participants,and the county services required in connection with the event,and where good cause is otherwise shown,the chief of police,or his or her designee,determines that a waiver of the permit application deadline will not present an undue hazard to public safety. Sec. 14-9. Indemnification of county. The applicant for a parade or public assembly permit and any other person, organization,firm, or corporation on whose behalf the application is made, by filing such application,thereby represent,stipulate,contract,and agree that they will jointly and severally indemnify and hold the county harmless against liability for any and all claims for damage to property or injury to,or death of, persons arising out of the conduct of the parade or public assembly by its participants. Sec. 14-10. Processing fee; administrative fee. (a) A fee in the amount of twenty-five dollars($25.00)to cover the expenses incident to processing an application for a permit shall be paid by the person applying for the permit at the time of the filing of the application. (b) A fee based upon the class of parade or public assembly as determined in accordance with section 14-6 (Classes of parades;standards for classification)of this chapter shall be paid by the person applying for the permit at the time of issuance of the parade permit.This administrative fee shall be used to reimburse the police department for the direct,anticipated costs of traffic control and shall be imposed based upon criteria developed by the chief of police,or his or her designee,which are objectively based upon the manpower and equipment needs documented by the police department and other county agencies involved in any parade activity. Sec. 14-11. Issuance or denial of permit. (a) The chief of police,or his or her designee,shall issue the permit within three days of receipt of the completed application and, in any event, prior to the scheduled parade or public assembly if the proposed parade or public assembly will not endanger the public health,welfare,or safety, applying the following criteria and finding that: (1) The time,duration, route,and size of parade or assembly will not unreasonably interrupt the safe and orderly movement of vehicular or pedestrian traffic or the normal use of public property, including parks, in a place open to the general public; (2) The parade or assembly is not of such a nature that it will require diversion of so great a number of police and fire personnel to properly police the line of movement in the areas contiguous thereto so as to impair the normal protection of the remainder of the county; (3) The applicant has,where appropriate, designated monitors sufficient to control the orderly conduct of the parade or assembly in conformity with such permit; (4) The conduct of the parade or assembly will not unduly interfere with the proper fire and police protection of,or ambulance service to,the remainder of the County,or unreasonably disrupt other public services and protection normally provided to the county; (5) The parade or assembly will not interfere with another parade or assembly for which a permit has already been granted;and (6) The parade or assembly proposed will not violate,and will conform with all applicable local,state, and/or federal regulations and laws governing the proposed event. (b) For parades or public assemblies held on a regular or recurring basis at the same location,an application for an annual permit covering all such parades or assemblies during the calendar year may be filed with the chief of police,or his or her designee,at least five and not more than 60 days before the date and time at which the first such parade or public assembly is proposed to commence.The chief of police,or his or her designee, shall make reasonable efforts to waive the minimum five-day period after due consideration of the factors specified in subsection (c)of section 14-8(Application)of this chapter. (c) If the chief of police,or his or her designee,denies an application,they shall promptly attempt to call and will promptly mail to the applicant a notice of this action,stating the reasons for the denial of the permit and notifying the applicant of their right to appeal the denial pursuant to section 14-16(Appeal)of this chapter. (d) If two or more applications are submitted requesting a permit under this article for a parade or assembly to be used at the same time and place,the application first filed shall be granted if it otherwise meets the requirements of this chapter. (e) If persons promoting different objectives,causes, actions,or policies desire to use a street,sidewalk,shared use path,greenway,trail or public area for which a permit has already been issued,the chief or police,or his or her designee,shall allot a number of pickets promoting each objective to use such street,sidewalk,or public area on an equitable basis, proportionate to the number of objectives being promoted.The chief of police,or his or her designee, may also physically separate groups of persons promoting different causes through the use of barricades or similar devices,or assign each group of persons designated areas in which to promote their different objectives,causes,actions,or policies in order to promote the public safety by keeping such groups apart from one another. (f) Nothing in this article shall permit the chief of police,or his or her designee,to deny a permit based upon political,social or religious grounds or reasons or based upon the content of the views expressed. Denial of a permit on such grounds is prohibited. Sec. 14-12. Alternative permit. The chief of police,or his or her designee, in denying a permit for a parade or public assembly,shall be empowered to authorize the conduct of the parade or assembly on a date,at a time,at a place,or over a route different from that proposed by the applicant.An applicant desiring to accept an alternate permit shall file a written notice of acceptance with the chief of police,or his or her designee.An alternate permit shall conform to the requirements of and shall have the effect of a permit under this article. Sec. 14-13. Notice to County and other officials. Immediately upon the issuance of a permit,the chief of police,or his or her designee,shall send a copy thereof to the following: (a) The chairman of the board of supervisors; (b) Each supervisor through whose district the parade route will travel; (c) The county administrator; (d) The county attorney;and (e) The chief of the fire and rescue department. Sec. 14-14. Compliance with directions and conditions. Every person to whom a permit is issued under this article shall substantially comply with all permit terms and conditions and with all applicable laws and ordinances.The parade or assembly chairperson or other person heading or leading the parade or assembly shall carry the permit upon their person during the conduct of the parade or assembly and show the permit when requested to do so. Sec. 14-15. Revocation of permit and authority to disperse crowds. (a) The chief of police,or his or her designee,shall have the authority to revoke any permit issued pursuant to this article if any information supplied by the applicant is discovered to be intentionally false or misleading,or if any term,condition, restriction or limitation of the permit has been substantially violated,or if there is any continued violation of the terms,conditions, restrictions,or limitations of the permit after the applicant or anyone acting in concert with him or her is notified of a violation of the permit by an appropriate law enforcement official. (b) County police officers may, in the event of an assemblage of persons who attempt to intimidate pickets pursuing their lawful permitted objective through conduct having a direct tendency to cause acts of violence by the person or persons at whom such conduct is directed,or through the use of violent abusive language in a manner reasonably calculated to provoke a breach of the peace,direct the dispersal'of the persons so assembled and may arrest'any person who fails to absent himself or herself from the place of assemblage when so directed by the police. Sec. 14-16. Appeal. (a) Any person aggrieved by the refusal of the chief of police,or his or her designee,to grant a permit,or by the revocation of a permit after one has been issued, may appeal the denial to the county administrator,or his or her designee, by filing with the county administrator's office,within five working days after the date of denial or revocation,a written notice of the appeal setting forth the grounds therefor.The county administrator,or his or her designee,shall act upon the appeal within five working days after its receipt. (b) The decision of the chief of police,or his or her designee,or the county administrator,or his or her designee, may be appealed to the circuit court of Roanoke County,in accordance with the laws of the Commonwealth of Virginia. (c) In any appeal under this section,the county shall have the burden of demonstrating that the denial of the permit was justified under section 14.11(Issuance or denial of permit)of this chapter. (d) The county shall meet all deadlines set by the court and by applicable statutes and court rules and shall otherwise seek to assure that the appeal,including any motion for preliminary relief, is decided as expeditiously as possible. Sec. 14-17. Public conduct during parades, demonstrations, assemblies and spontaneous events. (a) Interference. No person shall unreasonably hamper, obstruct,impede,or interfere with any parade, demonstration,or assembly or with any person,vehicle,or animal participating or used in a parade, demonstration,or assembly for which a written permit has been issued in accordance with the provisions of this chapter. (b) Driving through parades. No driver of a vehicle shall drive between the vehicles, persons,or animals comprising a parade,demonstration,or assembly or funeral procession except when otherwise directed by a police officer.This shall not apply to authorized emergency vehicles. (c) Parking on parade,demonstration,or assembly route.The chief of police,or his or her designee,shall have the authority,when reasonably necessary,to prohibit or restrict the parking of vehicles along the public streets or public rights-of-way constituting a part of the route of a parade,demonstration,or assembly.The chief of police,or his or her designee,shall post signs to such effect,and it shall be unlawful for any person to See Virginia Code§18.2-411. 4 See Virginia Code§18.2-407. park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this article. (d) Prohibited items. No person who participates in an assembly,demonstration, march, parade, picket line, procession, rally, or spontaneous event on the streets,sidewalks,shared use paths,greenways,trails or other public areas,or parks within the county shall (i)carry bats,clubs,or similar items, (ii)wear masks as prohibited by§ 18.2-422 of the Virginia Code, (iii)carry chemical irritant sprays or caustic substances,(iv) carry shields, (v)carry torches or any other burning substances attached to a stick or rod (candles are permitted), (vi)wear a helmet(unless riding a motorcycle, bicycle,or similar device in a parade or procession), (vii)carry aerosol containers that can be used as incendiary devices,or(viii)carry any item that can be used as a projectile. It is permissible to carry written or printed placards,signs,flags, banners,etc.,but such items shall not be attached to poles or rods. Sec. 14-18. Severability. If any portion of this chapter is for any reason held to be invalid by a court of competent jurisdiction,such decision shall not affect the remaining portions of this chapter,and such invalid provisions or portions thereof shall be severable. On motion of Supervisor Hooker to approve the ordinance; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Hooker, North, Mahoney, Shepherd, Radford NAYS: None A COPY TESTE: Rich L. Caywo , P.E. C n y Administrator / Clerk to the Board of Supervisors CC: Peter S. Lubeck, County Attorney W. Michael Galliher, Clerk, Circuit Court ACTION NO. 011425-5.e ITEM NO. G.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 14, 2025 AGENDA ITEM: ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $50,000 FROM THE VIRGINIA BROWNFIELDS RESTORATION AND ECONOMIC REDEVELOPMENT ASSISTANCE FUND PROGRAM AND AUTHORIZING EXECUTION OF A PERFORMANCE AGREEMENT WITH THE VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP FOR PROFESSIONAL PARK, LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT SUBMITTED BY: Megan Baker Director of Economic Development APPROVED BY: Richard L. Caywood County Administrator ISSUE: Acceptance and appropriation of a $50,000 grant from the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund Program to support the redevelopment of property located at 4502-4504 Starkey Road and 4034 Emma Lane, Roanoke, VA 24018. BACKGROUND: The Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund (the "VBAF") was established pursuant to § 10.1-1237 of the Code of Virginia of 1950, as amended (the "Virginia Code"), to promote the restoration and redevelopment of brownfield sites in the Commonwealth and to address environmental problems or obstacles to reuse so that such sites can be effectively marketed to new economic development prospects. The VBAF is administered by the Virginia Resources Authority ("VRA"), and the Virginia Economic Development Partnership (the "VEDP") directs the distribution of grants from Page 1 of 4 the VBAF. VEDP, in consultation with the Virginia Department of Environmental Quality ("DEQ"), has established guidelines for the awarding of Site Assessment and Planning Grants from the VBAF. VBAF Site Assessment and Planning Grants, in amounts up to $50,000, are available to assist with the costs of: (i) environmental and cultural resource site assessments; (ii) development of remediation and reuse plans; (iii) the necessary removal of human remains, the appropriate treatment of grave sites, and the appropriate and necessary treatment of significant archaeological resources, or the stabilization or restoration of structures listed on or eligible for the Virginia Historic Landmarks Register; or (iv) demolition and removal of existing structures, when necessary, to abate the hazardous material or other site work required to make a site or certain real property usable for new economic development. Only political subdivisions of the Commonwealth of Virginia, including counties, cities, towns, industrial/economic development authorities, planning district commissions, and redevelopment and housing authorities, may apply for grants from the VBAF Program. The property may be publicly or privately owned, as long as the property has public or private redevelopment potential. The County of Roanoke, Virginia, a political subdivision of the Commonwealth of Virginia (the "Grantee") was awarded a Site Assessment and Planning Grant (the "Grant") for an asbestos survey, concept designs, utility planning, and access road study for property located at 4502-4504 Starkey Road and 4034 Emma Lane, Roanoke, VA, 24018 (the "Project"), identified as Tax Parcel ID Numbers: 087.07-01-29.00-0000, 087.07-01-30.00-0000, 087.07-01-31.00-0000, 087.07-01-36.00-0000, 087.07-01- 31.01-0000, and 087.07-01-33.00-0000. Recipients of the VBAF Site Assessment and Planning Grant are required to enter into a performance agreement with VEDP, as acknowledged by VRA and DEQ. DISCUSSION: On October 9, 2024, Roanoke County was awarded $50,000 in VBAF for a Site Assessment and Planning Grant (the "Grant") for an asbestos survey, concept designs, utility planning, and access road study for property located at 4502-4504 Starkey Road and 4034 Emma Lane, Roanoke, VA, 24018 (the "Project"). The project site has been an office park since it was built in 1974. Real estate developer Alexander Boone purchased the property in fall 2024. He plans to demolish the two existing office buildings and redevelop the site into a retail/hotel use. This aligns with Page 2 of 4 Roanoke County's strategy to reimagine the Route 419 corridor by focusing on redevelopment opportunities. The project will require asbestos abatement, transportation upgrades, and utility planning to make the redevelopment of the site successful. The first reading of this matter was held on December 17, 2024. There have been no changes since the first reading. FISCAL IMPACT: The VBAF Performance Agreement requires no additional funds from Roanoke County. The required local match for the $50,000 VBAF grant has been met by the private purchase of the property. This project will be locally administered by Roanoke County, necessitating acceptance and appropriation of this funding to facilitate project reimbursement requests. Roanoke County will serve as the responsible entity and grantee. STAFF RECOMMENDATION: Staff recommends approval of the second reading of an ordinance to: 1. Accept and appropriate $50,000 for the Professional Park Redevelopment Project to the Grant Fund; and 2. Grant signatory authority to the County Administrator, or his designee, to execute the Performance Agreement with the Virginia Economic Development Partnership (VEDP). VOTE: Supervisor Hooker moved to approve the ordinance. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Ms. Hooker Mr. North Mr. Mahoney ® ❑ Ms. Shepherd Mr. Radford ® ❑ Page 3 of 4 CC: Megan Baker, Director of Economic Development Laurie Gearheart, Director of Finance and Management Services Joshua Pegram, Finance Page 4of4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 14, 2025 ORDINANCE 011425-5.e ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $50,000 FROM THE VIRGINIA BROWNFIELDS RESTORATION AND ECONOMIC REDEVELOPMENT ASSISTANCE FUND PROGRAM AND AUTHORIZING EXECUTION OF A PERFORMANCE AGREEMENT WITH THE VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP FOR PROFESSIONAL PARK, LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund ("VBAF") was established pursuant to § 10.1-1237 of the Code of Virginia, to promote the restoration and redevelopment of brownfield sites in the Commonwealth and to address environmental problems or obstacles to reuse so that such sites can be effectively marketed to new economic development prospects; and WHEREAS, VBAF is administered by the Virginia Resources Authority ("VRA"), and the Virginia Economic Development Partnership ("VEDP") directs the distribution of grants from the VBAF; and WHEREAS, on October 9, 2024, Roanoke County was awarded a $50,000 Site Assessment and Planning Grant for an asbestos survey, concept designs, utility planning, and access road study for property located at 4502-4504 Starkey Road and 4034 Emma Lane, Roanoke, VA, 24018 (the "Project"), identified as Tax Parcel ID Numbers: 087.07- 01-29.00-0000, 087.07-01-30.00-0000, 087.07-01-31.00-0000, 087.07-01-36.00-0000, 087.07-01-31.01-0000, and 087.07-01-33.00-0000; and WHEREAS, the project site has been an office park since it was built in 1974, and in fall 2024, real estate developer Alexander Boone purchased the property with plans to demolish the two existing office buildings and redevelop the site into a retail/hotel use, aligning with Roanoke County's strategy to reimagine the Route 419 corridor by focusing on development opportunities; and WHEREAS, the site will require asbestos abatement, transportation upgrades, and utility planning to make the redevelopment of the site successful; and WHEREAS, recipients of the VBAF Site Assessment and Planning Grant are required to enter into a performance agreement with VEDP, as acknowledged by VRA and DEQ; and WHEREAS, the VBAF Performance Agreement requires no additional funds from Roanoke County, as the required local match for the $50,000 VBAF grant has been met by the private purchase of the property; and WHEREAS, Roanoke County will serve as the responsible entity and grantee, and will administer this project locally, necessitating acceptance and appropriation of this funding to facilitate project reimbursement requests; 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 December 17, 2024, and the second reading was held on January 14, 2025. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of$50,000 for the Professional Park Redevelopment Project is hereby accepted and appropriated to the Grant Fund. 2. The County Administrator, Deputy County Administrator, or Assistant County Administrator, each of whom may act, are authorized to execute the Performance Agreement with the Virginia Economic Development Partnership ("VEDP"). 3. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor Hooker to approve the ordinance; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Hooker, North, Mahoney, Shepherd, Radford NAYS: None A COPY TESTE: Rich L aywood, P.E. unty dministrator I Clerk to the Board of Supervisors CC: Megan Baker, Director of Economic Development Laurie Gearheart, Director of Finance and Management Services Joshua Pegram, Finance ACTION NO. 011425-5.f ITEM NO. G.6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 14, 2025 AGENDA ITEM: Resolution requesting the Commonwealth Transportation Board fund a Demonstration Project Assistance Grant in fiscal year 2026 and half of fiscal year 2027 for shuttle service to the National Park Service's McAfee Knob Trailhead Parking Lot, Catawba Magisterial District SUBMITTED BY: Paula Benke Transit Planner APPROVED BY: Richard L. Caywood County Administrator ISSUE: The Virginia Department of Rail and Public Transportation (DRPT) requires a local match commitment from the Board of Supervisors in order to apply for a Demonstration Project Assistance Grant. BACKGROUND: DRPT awarded Roanoke County a Demonstration Project Assistance Grant for the McAfee Knob Trailhead Shuttle in 2022. Service launched on September 2, 2022, and was successful with 716 reservations over 37 days of service. Shuttle service resumed on March 3, 2023, and ended on November 26, 2023, with 1,531 reservations. DRPT awarded Roanoke County a second Demonstration Project Assistance Grant in 2023 to expand shuttle service in 2024 when the McAfee Knob Trailhead parking lot would be closed for construction of a pedestrian bridge to carry the Appalachian National Scenic Trail (AT) over Route 311. The shuttle expansion included four new on demand stops at Longwood Park in Salem, at 101 South Broad Street in Salem, at the VDOT Orange Market Park and Ride on Route 311 and across from the Dragon's Tooth Trailhead parking lot on Route 311. Reservations in 2024 more than tripled 2023 totals Page 1 of 3 with 5,873 trips booked in 2024. Pedestrian bridge construction started in November 2023 and is anticipated to be completed in January 2025. The McAfee Knob Trailhead parking lot will reopen when construction is complete. Shuttle service will resume March 7, 2025, through June 29, 2025, when the second round of Demonstration Project Assistance Grant funding ends. DISCUSSION: County staff have been in discussions with DRPT to determine funding options for shuttle service starting July 4, 2025, through November 29, 2026. DRPT has advised staff to apply for another round of Demonstration Project Assistance Grant funding. Due to low reservations at the City of Salem Longwood Park shuttle stop, there is potential to relocate the shuttle stop to Spartan Square in Salem pending property manager approval. Shuttle operations are proposed to continue with one vehicle to service the operations Fridays through Sundays and holiday Mondays, 12 hours per day, adjusting hours for daylight and Daylight Savings Time. The shuttle,fare will remain $5 per one-way trip, plus processing fees. FISCAL IMPACT: The net project cost is eligible for up to eighty percent (80%) reimbursement by grant funds and the applicant must provide up to twenty percent (20%) match from non-State or Federal funds. The anticipated net project cost reimbursable by DRPT is estimated to be $126,400. The anticipated local match required is estimated to be $31,600. Required matching funds will be included in the CORTRAN budget. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors adopt the resolution. VOTE: Supervisor Hooker moved to adopt the resolution. Supervisor Shepherd seconded the motion. Motion approved. Page 2 of 3 Yes No Absent Ms. Hooker ® ❑ El Mr. North ® ❑ El Mr. Mahoney ® ❑ 111 Ms. Shepherd Mr. Radford ® ❑ 111 CC: Paula Benke, Transit Planner Laurie Gearheart, Director of Finance and Management Services 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, JANUARY 14, 2025 RESOLUTION 011425-5.f REQUESTING THE COMMONWEALTH TRANSPORTATION BOARD FUND A DEMONSTRATION PROJECT ASSISTANCE GRANT IN FISCAL YEAR 2026 AND HALF OF FISCAL YEAR 2027 FOR SHUTTLE SERVICE TO THE NATIONAL PARK SERVICE'S MCAFEE KNOB TRAILHEAD PARKING LOT IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Virginia Department of Rail and Public Transportation ("DRPT") awarded Roanoke County two Demonstration Project Assistance Grants for the McAfee Knob Trailhead Shuttle, funding service from September 2, 2022, through June 29, 2025; and WHEREAS, DRPT has advised County staff to apply for another round of Demonstration Project Assistance Grant funding for shuttle service starting July 4, 2025, through November 29, 2026; and WHEREAS, shuttle operations are proposed to continue with one vehicle to service the operations Fridays through Sundays and holiday Mondays, 12 hours per day, adjusting hours for daylight and Daylight Savings Time, and shuttle fare remaining $5 per one-way trip, plus processing fees; and WHEREAS, the net project cost is eligible for up to eighty percent (80%) reimbursement by grant funds and the applicant must provide up to twenty percent (20%) match from non-State or Federal funds; and WHEREAS, the anticipated net project cost reimbursable by DRPT is estimated to be $126,400, and the anticipated local match required is estimated to be $31,600 with required matching funds included in the CORTRAN budget. Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Roanoke County Board of Supervisors requests the Commonwealth Transportation Board provide funding for a DRPT Demonstration Project Assistance grant from July 4, 2025, through November 29, 2026, for shuttle service to the National Park Service's McAfee Knob Trailhead Parking Lot in the Catawba Magisterial District. 2. That the Roanoke County Board of Supervisors hereby commits to provide up to twenty percent (20%) matching contribution for this project. 3. That the Roanoke County Board of Supervisors hereby grants authority for the County Administrator, Deputy County Administrator, or Assistant County Administrator, or his designee, to execute project agreements for an approved Demonstration Project Assistance grant from July 5, 2025, through November 29, 2026. On motion of Supervisor Hooker to adopt the resolution; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Hooker, North, Mahoney, Shepherd, Radford NAYS: None A COPY TESTE: Rich L. aywood, P.E. C ty ministrator/ Clerk to the Board of Supervisors CC: Paula Benke, Transit Planner Laurie Gearheart, Director of Finance and Management Services 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, JANUARY 14, 2025 RESOLUTION 011425-8 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 North to adopt the resolution; seconded by Supervisor Hooker and carried by the following roll call and recorded vote: AYES: Supervisors Hooker, North, Mahoney, Shepherd, Radford NAYS: N. e A COPY TESTE: Ri aro L. Caywood, P.E. 'ounty Administrator/ Clerk to the Board of Supervisors