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HomeMy WebLinkAbout4/12/1988 - Regular' O, ROANp,~.~ ~ •~ p z c~ ~' °~ a Cn~r~~t~ ~~ ~~r~Yt~~~e ,~ ~ 1 ~ ru~a ~~ SFSVUrceNTENN~P~' ROANOKE COUNTY BOARD OF SUPERVISORS A Beauti~u/Beginning ACTION AGENDA APRIL 12, 1988 Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday of the month at 3:00 p.m., and the fourth Tuesday at 3:00 p.m. Public Hearings will be heard at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. TODAY'S MEETING WILL INCLUDE A BUDGET WORK SESSION AT 2:00 P.M. AND PUBLIC HEARINGS TO SET THE TAX RATES AT 7:00 P.M. THIS EVENING BUDGET WORK SESSION (2:00 P.M. - 3:00 P.M.) HCN AND RR TO MEET WITH 2 MEMBERS OF SCHOOL BOARD TO REVIEW AND MAKE RECOMMENDATIONS FOR CONSOLIDATION OF DUPLICATED SERVICES. BLJ/SAM TO SET BUDGET WORK SESSION FOR 4/20/88 AT 2 P.M. A. OPENING CEREMONIES (3:00 P.M..) 1. Roll Call 2. Invocation: The Reverend William E. Eicher Poages Mill Church of the Brethren 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA ITEMS. C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring May 1, 1988 as Law Day in Roanoke County. HCN/BLJ - UW 2. Resolution of Appreciation to William Board, Salem-Roanoke County Chamber of Commerce BLJ/SAM - UW 3. Presentation of United States and Virginia Flags DEL. STEVE AGREE PRESENTED STATE FLAG TO LG AND FRED ANDERSON D. NEW BUSINESS 1. Authorization to apply for funds under the Virginia Shelter Grants Program for TRUST, Inc. HCN/SAM TO ADOPT RESO URC 2. Request for approval to purchase Clearbrook Water System. HCN/SAM TO APPROVE STAFF RECOMMENDATION URC - HCN REQUESTED NEWS RELEASE ABOUT IMPROVED WATER SYSTEM FOR CLEARBROOK RESIDENTS 3. Request for matching funds from Va. Department of Transportation for improvements to Old Farm Road and Peach Tree Circle for improvements to bring into Secondary System. RR/HCN TO ADOPT RESO URC 4. Adoption of A Vehicle Utilization Policy CONTINUED TO 4/26/88 TO REVIEW POLICY AND MAKE CHANGES RECOMMENDED BY BOARD OF SUPERVISORS E. REQUESTS FOR WORK SESSIONS BUDGET WORK SESSION SET FOR 4/20/88 - 2 P.M. F. REQUESTS FOR PUBLIC HEARINGS 1. Request for a Public Hearing on April 26, 1988 for citizen comment on the 1988/89 budget. SET FOR 4/26/88 - 7 PM G. FIRST READING OF ORDINANCES 1. Ordinance authorizing the acquisition of timber rights on approximately sixty-one acres of real property located near Virginia State Route 603 in Roanoke County. HCN/RR TO APPROVE 1ST READING 2 2ND READING 4/26/88 - URC H. SECOND READING OF ORDINANCES 1. Ordinance authorizing the acquisition and acceptance of approximately 3.0-3.5 acres of property located at the intersection of State Route 648 and 1905 within the Hollins Community Development Project for the development of a public park. BLJ/HCN TO APPROVE ORD. URC I. APPOINTMENTS 1. Building Code Board of Adjustments and Appeals. 2. Court Service Unit Advisory Council/Youth and Family Services Advisory Board HCN DIRECTED PMM TO STUDY LEGAL REQUIREMENTS FOR THIS COMMITTEE, WHETHER COMMITTEE COULD BE DISBANDED, AND THAT STAFF CONTACT SHERIFF KAVANAUGH TO DETERMINE WHETHER THIS COMMITTEE COULD SERVE UNDER HIS YOUTH AND FAMILY SERVICES DEPT. SAM NOMINATED GERALD CURTISS AND ROGER SMITH TO ANOTHER TERM IF COMMITTEE REMAINS ACTIVE 3. Fifth Planning District Commission 4. Industrial Development Authority 5. League of Older Americans RR NOMINATED WEBB JOHNSON TO ANOTHER ONE-YEAR TERM 6. Parks and Recreation Advisory Commission BLJ NOMINATED ALICE GILLESPIE TO UNEXPIRED TERM OF WILLIAM PYLES 7. TAP Board of Directors J. REPORTS AND INQUIRIES OF BOARD MEMBERS JOHNSON:REPORTED THAT REGIONAL AIRPORT COMMISSION HAD RECEIVED THE LAST $2.2 MILLION FROM FEDERAL GOVERNMENT. ROBERS: (1) ATTENDED SESQUI SUNDAY AND URGED COUNTY CITIZENS TO ATTEND SESQUI EVENTS. (2) RECOMMENDED CONTACTING DR. WADE 3 GILLEY AT GEORGE MASON UNIVERSITY TO MEET WITH HIM TO TAKE ADVANTAGE OF HIS PROGRAMS. NICKENS: ASKED FOR REPORT ON ENFORCEMENT OF DECAL FEE. WAYNE COMPTON UPDATED BOARD ON PLANS. MCGRAW: HAS MET WTIH VACO PERSONNEL COMMITTEE. K. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. BLJ/RR TO APPROVE CONSENT RESO URC 1. Minutes of Meetings - January 26, 1988, February 29, 1988, March 8, 1988, March 15, 1988 2. Approval of Resolution ratifying the interest rates for the $3,985,000 General Obligation School Bonds. 3. Acceptance of water and sewer facilities serving Waterfall Lake, Section 2. 4. Acceptance of water and sewer facilities serving Woodbridge Section 9 5. Approval of a Raffle Permit for North Cross School. NICKENS REQUESTED STATUS REPORT FROM 1/26 MINUTES ON MEETING BETWEEN ROANOKE CITY AND COUNTY ON WATER BILL. ECH UPDATED BOARD. LETTER HAS BEEN SENT TO CITY BUT NO RESPONSE RECEIVED. LG DIRECTED STAFF TO SEND ANOTHER LETTER ASKING FOR RESPONSE. NICKENS REQUESTED STATUS REPORT ON SMOKING POLICY. KEITH COOK UPDATED BOARD ON COMMITTEE. L. CITIZENS COMMENTS AND COMMUNICATIONS M. REPORTS BLJ/HCN TO RECEIVE AND FILE - UW) 4 f 1. Unappropriated Balance of the Capital Fund. 2. Unappropriated Balance of the General Fund 3. Reserve for the Board Contingency Fund 4. Accounts Paid for the Month of March 1988 N. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 (a) NONE ECH DIRECTED MARY ALLEN TO SET UP MEETINGS WITH REGISTRAR AND TREASURER FOR BOARD MEMBERS TO SEE REGISTRAR'S NEW OFFICE AND CASHIERING SYSTEM. EVENING SESSION (7:00 P.M.) 0. PUBLIC HEARINGS 488-1 Public Hearing for citizen comment on increase of real estate assessment and to set the Real Estate Tax Rate of not more than $1.15 per $100 assessed valuation. TWO CITIZENS SPOKE 488-2 Public Hearing for citizen comment to set the Personal Property Tax Rate at not more than $3.50 per $100 assessed valuation. NO ONE PRESENT TO SPEAK 488-3 Public Hearing for citizen comment to set the Machinery and Tools Tax Rate at not more than $3.00 per $100 assessed valuation. NO ONE PRESENT TO SPEAK 488-4 Public Hearing for citizen comment on Ordinance amending the Roanoke County Code, Taxation, by the addition of a new article VIII, Tax on Prepared Food and Beverages, imposing a tax on certain food and beverages sold in the County of Roanoke. EIGHT CITIZENS PRESENT TO SPEAK P. ADJOURNMENT 5 '~F ROANp~~ ~ •~ v z c~ ,.v' ~~ a Cn~~~~ .~ ~~~.~~~.~e 150 18 ~ 88 SFSQUICENTENN~P~ ROANOKE COUNTY BOARD. OF SUPERVISORS A Brauli~ul8rginning AGENDA APRIL 12, 198 8 Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday of the month at 3:00 p.m., and the fourth Tuesday at 3:00 p.m. Public Hearings will be heard at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. TODAY'S MEETING WILL INCLUDE A BUDGET WORK SESSION AT 2:00 P.M. AND PUBLIC HEARINGS TO SET THE TAX RATES AT 7:00 P.M. THIS EVENING BUDGET WORK SESSION (2:00 P.M. - 3:00 P.M.) A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call 2. Invocation: The Reverend William E. Eicher Poages Mill~Church of the Brethren 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA ITEMS. C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring May 1, 1988 as Law Day in Roanoke County. 2. Resolution of Appreciation to William Board, Salem-Roanoke County Chamber of Commerce 3. Presentation of United States and Virginia Flags D. NEW BUSINESS 1. Authorization to apply for funds under the Virginia Shelter Grants Program for TRUST, Inc. 2. Request for approval to purchase Clearbrook Water System. 3. Request for matching funds from Va. Department of Transportation for improvements to Old Farm Road and Peach Tree Circle for improvements to bring into Secondary System,. 4. Adoption of A Vehicle Utilization Policy E. REQUESTS FOR WORK SESSIONS F. REQUESTS FOR PUBLIC HEARINGS 1. Request for a Public Hearing on April 26, 1988 for citizen comment on the 1988/89 budget. G. FIRST READING OF ORDINANCES 1. Ordinance authorizing the acquisition of timber rights on approximately sixty-one acres of real property located near Virginia State Route 603 in Roanoke County. H. SECOND READING OF ORDINANCES. 1. Ordinance authorizing the acquisition and acceptance of approximately 3.0-3.5 acres of property located at the intersection of State Route 648 and 1905 within the Hollins Community Development Project for the development of a public park. I. APPOINTMENTS 1. Building Code Board of Adjustments and Appeals. 2. Court Service Unit Advisory Council/Youth and Family Services Advisory Board 3. Fifth Planning District Commission 4. Industrial Development Authority 5. League of Older Americans 6, Parks and Recreation Advisory, Commission ~, TAP Board of Directors J, REPORTS AND INQUIRIES OF BOARD MEMBERS IC. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW.D FROMITHESCONSENT AGENDADANDHWILLTBE CONSIDERED REMOVE SEPARATELY. l~ 29nu1988~fMarch18gs1988anMarch215,11988 February the interest 2, Approval of Resolution ratifying rates for the $3,985,000 General Obligation School Bonds. 3. Acceptance of water and sewer facilities serving Waterfall Lake, Section 2. 4. Acceptance of water and sewer facilities serving Woodbridge Section 9 5, Approval of a Raffle Permit for North Cross School. L, CITIZENS COMMENTS AND COMMUNICATIONS M, REPORTS 1. Unappropriated Balance of the Capital Fund. 2, Unapporpriated Balance of the General Fund 3, Reserve for the Board Contingency Fund 4. Accounts Paid for the Month of March 1988 N, EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 (a) (2) to consider a real estate matter. 3 EVENING SESSION (7:00 P.M.) 0. PUBLIC HEARINGS 488-1 Public Hearing for citizen comment on increase of real estate assessment and to set the Real Estate Tax Rate of not more than $1.15 per $100 assessed valuation. 488-2 Public Hearing for citizen comment to set the Personal Property Tax Rate at not more than $3.50 per $100 assessed valuation. 488-3 Public Hearing for citizen comment to set the Machinery and Tools Tax Rate at not more than $3.00 per $100 assessed valuation. 488-4 Public Hearing f_or citizen comment on Ordinance amending the Ro~~noke County Code, Taxation, by the addition of a new article VIII, Tax on Prepared Food and Beverages, imposing a tax on certain food and beverages sold in the County of Roanoke. P. ADJOURNMENT 4 f ti O~ ROANp~.~ ti '~ A 2 ~ Ai ,~ 18 r~~ 88 SFSQUICENTENN~P~ ROANOKE COUNTY BOARD. OF SUPERVISORS A 6rnuti~u!l3rginning AGENDA APRIL 12, 19£i8 Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday of the month at 3:00 p.m., and the fourth Tuesday at 3:00 p.m. Public Hearings will be heard at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. TODAY'S MEETING WILL INCLUDE A BUDGET WORK SESSION AT 2:00 P.M. AND PUBLIC HEARINGS TO SET THE TAX RATES AT 7:OO P.M. THIS EVENING BUDGET WORK SESSION (2:00 P.M. - 3:00 P.M.) A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call 2. Invocation: The Reverend William E. Eicher Poages Mi11~Church of the Brethren 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA ITEMS. C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring May 1, 1988 as Law Day in Roanoke County. 2. Resolution of Appreciation to William Board, Salem-Roanoke County Chamber of Commerce 3. .Presentation of United States and Virginia Flags D. NEW BUSINESS 1. Authorization to apply for funds under the Virginia Shelter Grants Program for TRUST, Inc. 2. Request for approval to purchase Clearbrook Water System. 3. Request for matching funds from Va. Department of Transportation for improvements to Old Farm Road and Peach Tree Circle for improvements to bring into Secondary System. 4. Adoption of A Vehicle Utilization Policy E. REQUESTS FOR WORK SESSIONS F. REQUESTS FOR PUBLIC HEARINGS 1. Request for a Public Hearing on April 26, 1988 for citizen comment on the 1988/89 budget. G. FIRST READING OF ORDINANCES 1. Ordinance authorizing the acquisition of timber rights on approximately sixty-one acres of real property located near Virginia State Route 603 in Roanoke County. H. SECOND READING OF ORDINANCES 1. Ordinance authorizing the acquisition and acceptance of approximately 3.0-3.5 acres of property located at the intersection of State Route 648 and 1905 v~ithin the Hollins Community Development Project for the development of a public park. I. APPOINTMENTS 1. Building Code Board of Adjustments and Appeals. 2. Court Service Unit Advisory Council/Youth and Family Services Advisory Board 3. Fifth Planning District Commission 4. Industrial Development Authority 5. League of Older Americans 6. Parks and Recreation Advisory Commission ~, TAP Board of Directors J, REPORTS AND INQUIRIES OF BOARD MEMBERS K. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOWED FROMITHESCONSENT AGENDADANDHWILLTBE CONSIDERED REMOV SEPARATELY. 1. 29nu1988ofMarch18gs1988anMarch215,11988 February 2, Approval of Resolution ratifying the interest rates for the $3,985,000 General Obligation School Bonds. 3. Acceptance of water and sewer facilities serving Waterfall Lake, Section 2. 4. Acceptance of water and sewer facilities serving Woodbridge Section 9 5, Approval of a Raffle Permit for North Cross School. L, CITIZENS COMMENTS AND COMMUNICATIONS M, REPORTS 1. Unappropriated Balance of the Capital Fund. 2, Unapporpriated Balance of the General Fund 3, Reserve for the Board Contingency Fund 4. Accounts Paid for the Month of March 1988 N. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 (a) (2) to consider a real estate matter. 3 EVENING SESSION (7:00 P.M.) 0. PUBLIC HEARINGS 488-1 Public Hearing for. citizen comment on increase of real estate assessment and to set the Real Estate Tax Rate of not. more. than $1.15 per $l00 assessed valuation. 488-2 Public Hearing for citizen comment to set the Personal .Property Tax Rate at not more than $3.50 per $100 assessed valuation. 488-3 Public Hearing for citizen comment to set the Machinery and Tools Tax Rate at not more than $3.00 per $100 assessed valuation. 488-4 Public Hearing for citizen comment on Ordinance amending the Roanoke County Code, Taxation, by the addition of a new article VIII, Tax on Prepared Food and Beverages, imposing a tax on certain food and beverages sold in the County of Roanoke. P. ADJOURNMENT 4 ~~~-~/ APRIL 12, 1988 MR. CHAIRMAN AND BOARD OF SUPERVISORS; MY NAME IS WI:NKIE BRIGHT AND THI'S IS MY' 14TH. YEAR A$ A PARAPROFESSITONAL AT GREEN VALLEY ELEMENTARY. I WOULD LIKE TO TAKE A COUPLE. OR THREE MINUTES TO REINFORCE TH.E IMPORTANCE OF THE WORK AND ASSISTANCE THAT WE. PARAPROFESSIQNALS_ GIVE. TO QUR ROANQKE COUNTY TEACHERS....AND PARTTCULARLY~ I WANT TO MENTION OUR WORK: AND ASSIS-~ TANCE WITH THE CHI;LDREN...OUR CHILDREN WH.Q HAKE SPECIAL NEEDS. AS YOU ARE AWARE, WE PARAPROFESSIONALS HAVE DIVERSE DUTIES, BUT ,,:':'~. ~•- OUR MOST IMPORTANT WORK IS.~ IN EVERYWAY POSSIBLE......WE PERFORM THE MANY' DUTIES AND TASKS THAT HELP OUR TEACHERS BE MORE EFFECT I'VE WITH THEIR TIME, FOR INSTANCE, WEW.ORK CLOSELY WITH CHILDREN WHQ REQUIRE MORE. TIME AND ATTENTION TO LEARN CERTAIN SUBJECT MATTERS. WE WORK CLOSELY W'xTH TEACHERS BY ALLOWLNG CLASSES TO BE BROKEN INTO SMALL GROUFS....THIS AFFORDS CLQSER AND MORE DIRECT ATTENTION WITH THE CHILDREN IN COVERING SUBJECT MRTTER. WE ALSO DO A~GREAT DEAL OF CLERICAL AND PAPERWORK, MAINTAIN SUPPLIES, GRADE PAPERS', RECORD GRADES, COPY' EDUCATIONAL AND LEARNLNG MATERIALS FOR THE CHILDREN. WE ASSIST THE CHILDREN WITH LUNCH AND LUNCHROOM PROBLEMS. ADDITLONALLY, WE AID THE CHILDREN IN GETTING O,~F THE BUSES AND TO CLASS. IN SUMMARY: ~, WE DO ANY AND EVERYTHING WE POSSIBLY CAN"'TO AID OUR TEACHERS_AND EDUCATE OUR CHILDREN. THROUGH WORKING WITH SMALLER GROUPS AND ONE. ON ONE TRAINING THE REPETITION QF STUDY' AND REVIEW HELPS SOME CHILDREN LEARN THE MATERIALS.. WE _._._ ... HELP THEM CATCH UP AND STAY CAUGHT UP..... S0, WHETHER IT'S HELPING A TEACHER... OR IT'-S A LUNCHROOM OR BATHROOM PROBLEM... WEJOY.FULLY HELP...WORKING WITH THE CHILDREN ~ OUR SPECIAL JOY. IN CONCLUSION, ON BEHALF QF ALL THE PARAPROFESSIONALS IN THE COUNTY I REQUEST... N0, I BEG YOU TQ FULLY FUND OUR WQRK....NOT BECAUSE ITF~S OUR WORK...BUT BECAUSE IT'S OUR CHILDREN''S WORK....WE REALLY CANNOT AFFORD TO LET THE CHILDREN DOWN!!!!! rcutiv~.ittc Ti~ir:a .. y,~;~~~,-~~rF~~ NU ~vuN;c;i=tl - 3[tl~t£~53 P~;LISHErt'S t=tt - X114.{JO RGii!'vuKt t;~I:NTY cL;Hrtu uF Sir ErZVISu~tS 373b:;f~:t~,~Li=TuiV S~+ r tJ i~X 2yu(3u tZuhvt~Kc Vh L4U STATt ~r V1K~ivIH t;ITY OF Ri;~I~lJrtt HF~II~HUIT ~F F'u~Lit;NT l.iv I, iTr~c i,t~vUrttSlvltitU) Hl~ ~t-FILLt Wit= fiIi~1ES-r~Ukl`u GU~Pt~kr(TIUiv, wrilC)-t {,t~~t- t'~3RHTIutV IS PUr~LtSNcR GF Tr1t r?GH~yunt TINES ~ wlKtu-(VtwS9 i+ Dt+ILY (~c~SPi:PEK 'LtsLiSt-~ti iii ttuHNlr~t9 I(v Tr1c STrTi= Ur Vli1li11vlr+• uti i;c~TIFY Triri~ Tait kla;',icXti> NiJ7I(,E ttiNS PUcLiSHEL iiV SH1U ~vLr,SPRt~ErtS CPv Tht rlLL1.Yt1iVU Lr~TtJ L4/tip/tsr3 +~%i.illil~~~ r+ITNLSS, TNI ri ~r(Y uF Hi'k~L lyt~ti uFrlt,tktS JI~~h~uK1= PUBLIC NOTICE Plsese be advised that the Board of SuDervlsora of Roanoke County, et Its meet- In0 on April 12, 1988, at the Roanoke County Administra- tion Centsr, 3738 Brambleton Avenue, Rosnoke, VIr0lnla, at the evening session beginning 7:00 p. m. will hold a public hearing on the followin0 mat- .. tar, to-wit: ORDINANCE AMENDING AND REENACTING CHAP- TER 41 OF THE ROANOKE COUNTY CODE, TAXATION, BY THE ADDITION OF A NEW ARTICLE VIII, TAX ON PREPARED FOOD AND BEV- ERAGES; SUCH NEW ARTI- CLE VIII IMPOSING A TAX ON CERTAIN FOOD AND BEVERAGES SOLD IN THE COUNTY OF ROANOKE, PURSUANT TO SECTION 58.1-3833, CODE OF VIRGINIA (1950), AS AMENDED, AND PROVIDING FOR THE _ AMOUNT OF SUCH TAX, PROCEDURES FOR COL- LECTION, DUTIES OF SELL- ERSAND DUTIES OF LOCAL OFFICIALS WITH RESPECT TO SUCH TAX, ENFORCE- MENT PROCEDURE, CIVIL PENALTIES FOR LATE PAY- MENT, MISDEMEANOR PENALTIES FOR VIOLA- TIONS OF ARTICLE, EXEMPTIONS, AND AN EFFECTIVE DATE. A copy of the aforesaid ordt- nonce Is on file In the office o} the Board of Supervisors of .Roanoke County located at 3738 Brambleton Avenue and may be reviewed during re0u• lar office hours of 8:00 a.m. to 5 p.m. All members of the publirinterv ested In the matter ssf forth shove may appear end ba hesrd at the time and place aforesaid. Paul M. Mahoney County Attorney of Roanoke County, VIr0lnia (14853) t(L++~VI.irCt T I~':~J i+ YYi.,1~LL-~~:YrJ r,u +'v~~~1~EK - 3zt~17173 KiN~JOKE i;uC('v7Y ~~F;KU u~ JI.PL-f<V15l~tZJ 373u ~IZaMvLcTG;V Sr, r i. Dui( ~yziUC r1C.i(viKE VA 1+01: STATE uE viFtvi'ivlr~ CITY GF ti 1. r`;;~i[Kt ,~)=f-IOhvIT ~F= ~u~DICr,Tllt~ I9 IT'NC UiYUtRSIv~vti~) rev urEiCcr< ut' Ti~MtS-wGRLL ~;u+it~Di~aTiL.v~ ~riICH C~~K- PCKATiLI' 1S POLLIStiEri CE Ti-1~ ~tUAivur<t TIMES L nl.;kL-JtivSt fa Di+ILY f~cwSPtiF'tt~ ~u~ClSrii=u i" tlur+NtKt9 Iiti THt STnTE ~1~- VIRGIivI>~ CO C~ttTIFY T~i~T THt H~~sJtXti vuTICE wNs i'Ut~LlSriti~ Iv SKIT; i~twSPtit'triS uiv Tt,t. f-uLLi/wl~uC U~TtS 03/~y/tst MUrtivliVS C4/05/rso MuR1LiPJG U3/[y/iiEi E'vEf~I~vu 04/07/tsti tVcivl~vU hiT~VCSS- Tt- r1 i:NY l.i•- ~lNhIIC 1`ltiO -- Lt-~ICEk'S Si~NH~~fiJit - PUBLIC NOTICE Please be advised thaf the Board of Supervisors of Roanoke County, at Its meet- ing on the 17th day of April, 1988 at the Roanoke County Adminlsiratian Center in Roanoke, Vlr0inla, st 7:00 p. m. or as soon theresfter as the matter may be heard, will hold a public hearln0 on the followin0 matter, to-wit: TO SET A REAL ESTATE TAX RATE OF NOT MORE THAN f1.15 PER 6100 ASSESSED VALUATION IN ROANOKE COUNTY. TO SET A PERSONAL PROP- ERTY TAX RATE OF NOT MORE THAN 13.50 PER 8100 ASSESSED VALUATION IN ', ROANOKE COUNTY. TO SET A MACHINERY AND ~ TOOLS TAX RATE OF NOT MORE THAN f3.00 PER 8100 ASSESSED VALUATION IN ROANOKE COUNTY. Elmer C. Hodge County Administrator (17173) POANp~. F OF ~ ^ ~ ~ ti A Z ~ ~ i J ~. a 18 ,E50 SF 88 ~P SQUICEN7ENN A 13carti~ull3cGirurirr~ C~o~urt~~ ~f ~~uttnn~e COUNTY ADMINISTRATOR ELMER C. HODGE April. 14 , 19 88 Mr. Bertrand R. Hudnall, Headmaster North Cross School 4254 Colonial Avenue Roanoke, Virginia 24018 Dear Mr. Hudnall BOARD OF SUPERVISORS LEE GARRETT. CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT RICHARD W. ROBERS. VICE-CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT - E308 L. JOHNSON NOLUNS MAGISTERIAL DISTRICT STEVEN A. MCGRAW CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VIN TON MAGISTERIAL OIST RICT At their regular meeting on Tuesday, April 12, 1988, the Roanoke County Board of Supervisors unanimously approved the request of the North Cross School for a raffle permit. The fee has been paid and receipt is enclosed. You may consider this letter to be your permit, and I suggest it be displayed on the premises where the Raffle is to be conducted. The State Code provides that raffle and bingo permits be issued on a calendar-year basis; therefore, the permit will expire December 31, 1988. This permit, however, is only valid for the dates specified on your application. If I may be of further assistance, please do not hesitate toycontact me at 772-2003. - Very truly yours, Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors bjh CC: Commissioner of the Revenue Commonwealth Attorney County Treasurer PO [3<~X ?J~00 - ~~c~)!ANC~Kfz. VIf2GIN1ly 2401£3-079£3 - (703) -:'722004 A-41288-6.d ITEM NUMBER - S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 12, 1988 SUBJECT: Request for approval for a Raffle Permit from North Cross School COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: North Cross has requested a Raffle Permit. This application has been reviewed by the Commissioner of Revenue and he recommends that it be approved. The organization has paid the $25.00 fee RECOMMENDATION: It is recommended that the application for a Raffle Permit be approved. SUBMITTED BY: `~~ ~ .~ . Mary H. Al en Deputy Clerk APPROVED BY: -' 2 lmer Ho ge County Administrator --------------------------------------------------------------------------- ACTION VOTE Approved (X) Motion by: Bob L. Johnson/Richard No Yes Abs Denied ( ) tn1. Robers Brittle x Received ( ) Garrett x Referred Johnson x To McGraw x Nickens x cc: File Bingo/Raffle File ~~ -~ O~ ROI+Np~F a .~ ti A Z ~ o g COUNTY OF ROANOKE, VIRGINIA 18y8 COMMISSIONER OF THE REVENUE APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO Application is hereby made for a bingo game or raffle permit. This application is made subject to all County and State laws, ordinances, rules, and regulations now in force, or that may be enacted hereafter and which are hereby agreed to by the under- signed applicant and which shall be deemed a condition under which this permit is issued. All applicants should exercise extreme care to ensure the accura- cy of their responses to the following questions. Bingo games and raffles are strictly regulated by Title 18.2-340.1 et. seg. of the criminal statutes of the Virginia Code, and by Section 4-86 et. seg. of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investiga- tion prior to granting a bingo or raffle permit. The-Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with county and state law. Any person violating county or state regulations concerning these permits shall be guilty of a Class 1 misdemeanor. Any person who uses any part of the gross receipts from bingo or raffles for any purpose other than the lawful religious, charitable, community, or educational purposes for which the organization is specifi- cally organized, except for reasonable operating expenses, shall be guilty of a Class 6 felony. THIS APPLICATION IS FOR: (check one) RAFFLE PERMIT ,~ BINGO GAMES Name of Organization_/yQ72/ ~ (~r/ZOS.S ~~l'IGO~ Street Address o75 ~ ~ Yl~cc / ~~/e Mailing Address y~,p~~ City, State, Zip Code ~ ~~ ~~, ac~Q/~ •._-___, Purpose and Type of Organization TjZ~~Q/~ ~`,~,~~ When was the organization founded? /-~ - S Roanoke County meeting place? ~BS Has organization been in existence in Roanoke County for two con- tinuous years? YES ~/ NO Is the organization non-profit? YES 1/ NO Indicate Federal Identification Number # ~~ Olo~9S~aZ Attach copy of IRS Tax Exemption letter. Officers of the Organization: President: ~`~~«~ J~.~~~ ice-President Address : ~ox 7~6 Address f~dCl »o ~ f (.~'• OSLO o Secretary: /Z•~. ,Cu,~u ~ ~//P/% Treasurer: ~j~~oy, ~ (~j,'//,~ Address : 75,E ,~eP,~)),~~w~ y Address : )~ox ~¢~~ Member authorized to be responsible for Raffle or Bingo opera- tions: Name e~2/f2R~a.0~ ,~~~~~ ad'Y~a/~ ~eadYi-iQS/e~c/ ~c:-~o0 ~ // j~ ~eme Address ~S~ ~oL6YI~a/ ~c/2•. , ~na.~~, (/~. Phone. 9~a -3~~ Bus . Phone ~9'-~~¢~ A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBER- SHIP MUST BE FURNISHED WITH THIS APPLICATION. Specific location where Raffle or Bingo Game is to be conducted. RAFFLES: Date of Drawing ~ Q f Time of Drawing 'c,d BINGO: Days of Week & Hours of Activity: Sunday From To Monday From To Tuesday From To Wednesday From To Thursday From To Friday From To Saturday From To 2 K-5 State specifically how the proceeds from the Bingo/Raffle will be used. List in detail the use of the planned or intended use of the proceeds. Use estimated amounts if necessary. `-~ ~/2G~'eeds ~r s e ~ ~v ~~ du.c~ /io r/a ~ ~u~os~'s e5~tiola~ ~ ,~s C~ ~4'S512 o a r-~ e11 c.~.~ ~yrr e r~/ o/G'j~YJL' °u ~L~atc~cyl~~'!/ ~~- S BINGO: Complete the following: Legal owner(s) of the building where BINGO is to be conducted: Name: Address: County State Zip Is the building owned by a 501-C non-profit organization? Seating capacity for each location: Parking spaces for each location: ALL RAFFLE AND BINGO APPLICANTS MUST ANSWER QUESTIONS 1 - 19 1. Gross receipts from all sources related to the operation of Bingo games or Instant Bingo by calendar quarter for prior calen- dar year period. BINGO INSTANT BINGO lst Quarter 2nd Quarter 3rd Quarter 4th Quarter Total 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Total 2. Does your organization understand that it is a violation of law to enter into a contract with any person or firm, associa- tion, organization, partnership, or corporation of any classifica- tion whatsoever, for the purpose of organizing, managing, or con- ducting Bingo Games or Raffles? ~Je s 3. Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Bingo games and Raffles, and that such records are subject to audit by the Commissioner of the Revenue? `'e_c, 4. Does your organization understand that the Commissioner of tree Revenue or his designee has the right to go upon the premises on which any organization is conducting a Bingo game or raffle, to perform unannounced audits, and to secure for audit all re- cords required to be maintained for Bingo games or raffles? ~~ 4 ~/_ S 5. Does your organization understand that a Financial Report must be filed with the Commissioner of the Revenue on or before the first day of November of each calendar year for which a per- mit has been issued? ,~ 6. Does your organization understand that if gross receipts ex- ceed fifty thousand dollars during any calendar quarter, an addi- tional Financial Report must be filed for such quarter no later than sixty days following the last day of such quarter? 7. Does your organization understand that the failure to file financial reports when due shall cause automatic revocation of the permit, and no such organization shall conduct any Bingo game or raffle thereafter until such report is properly filed and a new permit is obtained? yes 8. Does your organization understand that each Financial Report must be accompanied by a Certificate, verified under oath by the Board of Directors, that the proceeds of any Bingo game or raffle have been used for these lawful, religious, charitable, commu- nity, or educational purposes for which the organization is spe- cifically chartered or organized, and that the operation of Bingo games or raffles have been in accordance with the provisions of Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia? yef, 9. Does your organization understand that a one percent audit fee of the gross receipts must be paid to the County of Roanoke upon submission of the annual financial report due on or before the first of November? ~ 10. Does your organization understand that this permit is valid only in the County of Roanoke and only at such locations, and for such dates, as are designated in the permit application? 11. Does your organization understand that no person, except a bona fide member of any such organization who shall have been a member of such organization for at least ninety days prior to such participation, shall participate in the management, opera- tion, or conduct of any bingo game or raffle, and no person shall receive any remuneration for participating in management, operation, or conduct of any such game or raffle? 12. Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke, Virginia? ~s 13. Does your organization understand that any organization found in violation of the County Bingo and Raffle Ordinance or X18.2- 340.10 of the Code of Virginia authorizing this permit is subject to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above referenced Codes may be guilty of a felony? ~,es 5 1~- 5 14. Has your organization attached a complete list of its member- ship to this application form? ~ 15. Has your organization attached a copy of its bylaws to this application form? ~e5 16. Has the organization been declared exempt from ,property taxa- tion under the Virginia Constitution or statutes? ~e~ If yes, state whether exemption is for real, personal property, or both and identify exemp/t property ~ ~ _ ~~~, ~ul~il~yi[G'C Gl•y10( l~'h'[[~YJiJ't ,-r~/ ~ ~ ~ 17. State the specific type and purpose of the organization. 18. Is this organization incorporated in Virginia? If yes, name and address of Registered Agent: 19. Is the organization registered with the Virginia Department of Agriculture and Consumer Affairs pursuant to the Charitable Solicitations Act, Section 57-48 of the Virginia Code? ~~ (If so, attach copy of registration.) Has the organization been granted an exemption from registration by th Virginia Department of Agriculture and Consumer Affairs? d (If so, attach copy of exemption.) ALL RAFFLE APPLICANTS DESCRIBE" THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES, AND PROCEED TO NOTARIZATION. Article Description Fair Market Value ~j~~ ooo. o0 6 ~-5 ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE NOTARIZATION RAFFLE APPLICANTS, GO TO NOTARIZATION. 20. Does your organization understand that the bingo games shall not be conducted more frequently than two calendar days in any calendar week? 21. Does your organization understand that it is required to keep complete records of the bingo game. These records based on §18.2- 340.6 of the Code of Virginia and X4.98 of Roanoke County Code must include the following: a. A record of the date, quantity, and card value of instant bingo supplies purchased, as well as the name and address of the supplier of such instant bingo supplies, and written invoice or receipt is also required for each purchase of in- stant bingo supplies? b. A record in writing of the dates on which Bingo is played, the number of people in attendance on each date, and the amount of receipts and prizes on each day? (These records must be retained for three years.) c. A record of the name and address of each individual to whom a door prize, regular or special Bingo game prize or jackpot from the playing of Bingo is awarded? d. A complete and itemized record of all receipts and disburse- ments which support, and that agree with, the quarterly and annual reports required to be filed, and that these records must be maintained in reasonable order to permit audit? 22. Does your organization understand that instant Bingo may only be conducted at such time as regular Bingo game is in progress, and only at such locations and at such times as are specified in this application? - 23. Does your organization understand that the gross receipts in the course of a reporting year from the playing of instant Bingo may not exceed 33 1/3$ of the gross receipts of an organization's Bingo operation? 24. Does your organization understand it may not sell an instant Bingo card to an individual below sixteen years of age? 25. Does your organization understand that an organization whose gross receipts from all-bingo operations that exceed or are ex- pected to exceed $75,000 in any calendar year shall have been granted tax-exempt status pursuant to Section 501,C of the United States Internal Revenue Service? (Certificate must be attached.) -7 ~ 1 '"' 26. Does your organization understand that a Certificate of Occu- pancy must be obtained or be on file which authorizes this use at the proposed location? 27. Does your organization understand that awards or prize money or merchandise valued in excess of the following amounts are illegal? a. No door prize shall exceed twenty-five dollars. b. No regular Bingo or special Bingo game shall exceed One Hund- red dollars. c. No jackpot of any nature whatsoever shall exceed One Thousand Dollars, nor shall the total amount of jackpot prizes awarded in any one calendar day exceed One Thousand Dollars. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS I hereby swear or affirm under the penalties of perjury as set forth in X18.2 of the Code of Virginia, that all of the above statements are true to the best of my knowledge, information, and beliefs. All questions have been answered. Signed by: ~ /~~' " ~ - ~ ~~, ~ ~o Name Title Home Add ss r ~ Subscribed and sworn before me, this day of 19~ y commission expires: ~ 19~~ ,~~G Notary Public 8 ~-5 NOT VALID UNLESS COUNTERSIGNED The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this calendar year. 3.a~_ ~~ ~ Date '' ~ Com iss' ner of he R venue The above application is not approved. Date Commissioner of the Revenue 9 -~ i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 12, 1988 PROCLAMATION DECLARING MAY 1, 1988, AS LAW DAY U.S.A. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, May 1st is Law Day U.S.A. in the United States of America; and WHEREAS, the United States of America has been the citadel of individual liberty and a beacon of hope and opportunity for more than two hundred years to many millions who have sought our shores; and WHEREAS, the foundation of individual freedom and liberty is the body of the law that governs us; and WHEREAS, the Constitution of the United States of America, and the Bill of Rights, are the heart of that body of law, which guarantees us many freedoms - including freedom of religious belief, freedom of speech, freedom of press, freedom of petition, and due process of the law among others; and WHEREAS, this year marks the thirty-first annual nationwide observance of Law Day, and the Congress of the United States and the President by official proclamation have set aside May 1 as the special day for recognition of the place of law in American life; and WHEREAS, the County of Roanoke, Virginia, also desires to recognize the importance of the role of law in our society and to join in this nationwide observance. ~~~~ C-i NOW, THEREFORE, we, the Board of Supervisors for the County of Roanoke, Virginia, do hereby designate May 1, 1988, as LAW DAY U.S.A. and call upon all citizens, schools, business, clubs and the news media to commemorate the role of law in our lives. ITEM NUMBER ~-'~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 12, 1988 SUBJECT: Resolution of Appreciation to William S. Board upon his retirement as Executive Vice President of the Salem/Roanoke County Chamber of Commerce COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: William S. Board will retire as Executive Vice President of the Salem/Roanoke County Chamber of Commerce at the end of April 1988. In recognition of his service to Roanoke County in this capacity it is recommended that the attached resolution be approved by the Board of Supervisors. Mr. Board will not be present this afternoon. The resolution will be presented to him at the annual dinner meeting on April 13, 1988. MIL lmer C. Hodge County Administrator --------------------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Garrett Received ( ) Johnson Ref erred McGraw To Nickens Robers ,~ C-z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VA., ON TUESDAY, APRIL 12, 1988 RESOLUTION OF APPRECIATION TO WILLIAM S. BOARD UPON HIS RETIREMENT AS EXECUTIVE VICE PRESIDENT OF THE SALEM/ROANOKE COUNTY CHAMBER OF COMMERCE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, William S. Board has served with distinction as Executive Vice President of the Salem/Roanoke County Chamber of Commerce since 1972; and WHEREAS, during that time, he has played a prominent role in the economic development of the entire valley in his capacity with the Chamber of Commerce and as Vice President of the Regional Partnership of Roanoke Valley; and WHEREAS, in 1980-81, he was President of the Virginia Association of Chambers of Commerce Executives; and WHEREAS, he is a member of the Board of Deacons of Salem Baptist Church and has shown his concern for the welfare of the citizens of the valley by becoming involved with the ministry at the Roanoke County/Salem Jail; and WHEREAS, Mr. Board has promoted the Roanoke Valley in every possible way for sixteen years and has served the citizens of the valley in a unique and special way. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, wishes to express its deepest appreciation and the appreciation of its citizens to William S. Board for his many years of capable, loyal and dedicated service to the citizens of the Roanoke Valley; and t C-z FURTHER, the Board of Supervisors does express its best wishes for a happy, restful and productive retirement. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VA., ON TUESDAY, APRIL 12, 1988 RESOLUTION 41288-1 OF APPRECIATION TO WILLIAM S. BOARD UPON HIS RETIREMENT AS EXECUTIVE VICE PRESIDENT OF THE SALEM/ROANOKE COUNTY CHAMBER OF COMMERCE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, William S. Board has served with distinction as Executive Vice President of the Salem/Roanoke County Chamber of Commerce since 1972; and WHEREAS, during that time, he has played a prominent role in the economic development of the entire valley in his capacity with the Chamber of Commerce and as Vice President of the Regional Partnership of Roanoke Valley; and WHEREAS, in 1980-81, he was President of the Virginia Association of Chambers of Commerce Executives; and WHEREAS, he is a member of the Board of Deacons of Salem Baptist Church and has shown his concern for the welfare of the citizens of the valley by becoming involved with the ministry at the Roanoke County/Salem Jail; and WHEREAS, Mr. Board has promoted the Roanoke Valley in every possible way for sixteen years and has served the citizens of the valley in a unique and special way. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, wishes to express its deepest appreciation and the appreciation of its citizens to William S. Board for his many years of capable, loyal and dedicated service to the citizens of the Roanoke Valley; and FURTHER, the Board of Supervisors does express its best wishes for a happy, restful and productive retirement. On motion of Supervisor Johnson, seconded by Supervisor McGraw, and upon the following recorded vote: AYES:, Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: `~) ~~ ~• Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 4/14/88 CC: File Resolutions of Appreciation File ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 12, 1988 SUBJECT: Presentation of United States and Virginia Flags COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: As part of our Sesquicentennial celebration, County Treasurer Alfred Anderson and the Board Chairman Lee Garrett will be presented with the United States Flag that was flown at the U. S. Capital and the Virginia Flag that was flown at the State Capital on March 30, 1988, the actual birthday of Roanoke County. These flags will be displayed during the year and will be buried in the time capsule on December 11, 1988. Delegate G. Steven Agee and a representative from Senator Trible's office will make the presentation. ~~ lmer Hodge County Administrator --------------------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Garrett Received ( ) Johnson Referred McGraw To Nickens Robers ACTION # ITEM NUMBER ~ -- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: April 12, 1988 Request to proceed with an application for grant funds available under the Virginia Shelter Grants Program-III for TRUST - The Roanoke Valley Trouble Center, Inc. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The U.S. Department of Housing and Urban Development (HUD) has allocated $131,000 to Virginia for fiscal year 1988. Of this amount, $57,000 will be distributed to entitlement jurisdictions. The remaining amount, $74,000, will be distributed under the Virginia Shelter Grants Program-III. This program was authorized in December 1986 by Governor Baliles to respond to the shelter needs of the State's homeless. Only local units of government in non-entitlement areas are eligible to apply for funds and they may in turn provide funding to non-profit shelter providers through subgrant agreements. SUMMARY OF INFORMATION: TRUST, The Roanoke Valley Trouble Center, Inc., has requested assistance from Roanoke County and the County Planning Department in applying for a grant of $8,450 from the Virginia Shelter Grants Program-III. If the funds are awarded, they will be used for the expansion of and improvements to the existing facility located at 404 Elm Avenue, S.W. as well as for equipment pur- chases. A dollar-for-dollar matching requirement has been met by several valley organizations. The application deadline is April 22, 1988. Support documents are due after application approval but may be submitted with the application. If Roanoke County agrees to submit an application, staff prefers to submit all required documents with the basic application. One of the required documents is a governing body resolution which is attached. 1 ALTERNATIVES AND IMPACTS: ALTERNATIVE N0. 1: Authorize the staff to submit the grant application. The costs will be limited to staff time required to gather support docu- ments and mail the application. The basic application has already been completed by the Executive Director of TRUST. If the grant is approved, the staff will be required to comply with the sub-grant agreements such as accepting monthly reports and proof of purchases from TRUST and forwarding the information to the State. ALTERNATIVE N0. 2: Do not submit the application for grant funds. STAFF RECOMMENDATION: Although Roanoke County has no home for the homeless within its boundaries, the County does have homeless people who use existing facilities that provide shelter. Staff recommends that the County Board of Supervisors authorize staff to proceed with the application and approve the attached resolution. SUBMITTED BY: APPR VED: ~~~ t ~^ ~ Rob Sta~~r me C. H dge Director of Planning County Administrator Approved ( ) Denied ( ) Received ( ) Referred To ACTION VOTE Motion by: No Yes Abs Garrett Johnson McGraw Nickens Robers 2 " AT A REGULAR MEETING, OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 12, 1988 RESOLUTION AUTHORIZING ROANOKE COUNTY TO ~ _ / APPLY FOR AND ACCEPT A GRANT UNDER THE VIRGINIA SHELTER GRANTS PROGRAM - III. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, the Commonwealth of Virginia, Department of Housing and Community Development has issued a notice of funding availability and has requested proposals under the VIRGINIA SHELTER GRANTS PROGRAM - III; WHEREAS, assistance is needed to adequately address the shelter needs of homeless persons in the County of Roanoke; and WHEREAS, an application for a grant has been prepared; and WHEREAS, Mr. Elmer C. Hodge, Jr., County Administrator, can act on behalf of the County of Roanoke and will sign all necessary documents required to complete the grant transaction; and WHEREAS, a one-for-one local match of grant funds, as required under the program, will be provided in at least the amount of $8,450. NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Roanoke County hereby authorizes the County Administrator to apply for and accept the grant in the amount of $8,450 and enter into a Grant Agreement with the Department of Housing and Community Development and perform any and all responsibilities in relation to such Agreement. BE IT FURTHER RESOLVED THAT the County of Roanoke agrees to provide a sub-grant to TRUST - The Roanoke Valley Trouble Center, Inc. to operate the funded project and agrees to monitor and oversee their activities as prescribed by the State. 3 .. ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 12, 1988 RESOLUTION 41288-2 AUTHORIZING ROANOKE COUNTY TO APPLY FOR AND ACCEPT A GRANT UNDER THE VIRGINIA SHELTER GRANTS PROGRAM - III. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, the Commonwealth of Virginia, Department of Housing and Community Development has issued a notice of funding availability and has requested proposals under the VIRGINIA SHELTER GRANTS PROGRAM - III; WHEREAS, assistance is needed to adequately address the shelter needs of homeless persons in the County of Roanoke; and WHEREAS, an application for a grant has been prepared; and WHEREAS, Mr. Elmer C. Hodge, Jr., County Administrator, can act on behalf of the County of Roanoke and will sign all necessary documents required to complete the grant transaction; and WHEREAS, a one-for-one local match of grant funds, as required under the program, will be provided in at least the amount of $8,450. NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Roanoke County hereby authorizes the County Administrator to apply for and accept the grant in the amount of $8,450 and enter into a Grant Agreement with the Department of Housing and Community Development and perform any and all responsibilities in relation to such Agreement. .~ . . BE IT FURTHER RESOLVED THAT the County of Roanoke agrees to provide a sub-grant to TRUST - The Roanoke Valley Trouble Center, Inc. to operate the funded project and agrees to monitor and oversee their activities as prescribed by the State. On motion of Supervisor Nickens, seconded by Supervisor McGraw, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 4/14/88 CC: File Rob Stalzer, Director of Planning and Zoning Diane Hyatt, Director of Finance ACTION # A-41288-3 ITEM NUMBER ~ - .Z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 12, 1988 AGENDA ITEM: The Clearbrook Water System Acquisition COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Clearbrook water system construction was completed on April 4, 1988, and connections are being made to serve the adjacent properties. This water system was constructed by the Clearbrook Water Association with funds from Roanoke County and Farmers Home Administration. Roanoke County provided $131,000 for oversizing the water lines. The Farmers Home Administration provided a $140,000 grant and $61,100 loan to the Association to fund construction costs. The $61,100 loan is scheduled to be paid off by the Clearbrook Water Association over a 40 year period. The Association has established a monthly surcharge for each customer in order to obtain funds to repay the loan. Additionally, any future connection fees collected from this system will be used as additional payments against the loan. When the loan is fully paid, Roanoke County will purchase the water system for one dollar. Roanoke County supplies the water to this system at the normal water rates and also provides the financial and system management services required. SUMMARY OF INFORMATION: In March, the Farmers Home Administration offered to sell the $61,100 loan at a discount of approximately 64 cents on the dollar if the loan is paid off prior to May 6, 1988. This discount could save up to $210,000 over the 40 year period of the loan. The Clearbrook Water Association has requested that Roanoke County purchase the water system at this time in order that the Farmers Home Administration loan could be paid off at the discount. The Association has agreed that each user would pay the County a $10 per month surcharge on their water bill for a period of six years or until the purchase price is recovered by the County through the surcharge and future off-site facility fees received from this water system. ~-z The Utility and Finance Directors met with the Clearbrook Water Association to discuss the above purchase. Both Directors feel that it would be in the best interest of both the County and the Associa- tion for the County to purchase the water system at this time in an amount equal to the discounted Farmers Home Administration loan which will be approximately $40,000. ALTERNATIVES AND IMPACT: ALTERNATIVE 1: Alternative 1 is for the County to purchase the water system at this time for the discount loan balance of approximately $40,000 and charge the water users a $10 per month surcharge until the surcharge and connection fees pay back the $40,000. This alternative will eventually make all the water connection fees available to the County instead of these fees being used to pay back the much larger loan over the 40 year loan period. Funds are available within the Utility Enterprise fund to purchase water systems. The purchase by the County of this water system is authorized by Resolution 84-209. No additional operational cost or personnel will be required by this purchase since the County is responsible for the operation under a prior agreement with the water association. ALTERNATIVE 2: Alternative 2 is not purchase the water system until after the Water Association satisfies the loan. This alternative will require the County to read the water meters and bill the customers on a monthly basis as well as do the other financial administration for the Water Association for the 40 year period of the loan. This alternative will cost the water users an additional $210,000 over the life of the loan. STAFF RECOMMENDATION: Staff recommends Alternative 1; that the County purchase the Clearbrook Water System prior to May 6, 1988, at a cost of approxi- mately $40,000. Staff further recommends that the County Administra- tor be authorized to execute the required documents to complete the transfer of the Clearbrook Water System. SUBMITTED BY: ~~ Cli or ig, P.E. Utility Director APPROVED BY: lmer C. Hodge '- County Administrator ACTION VOTE No Yes Abs Approved (x) Denied ( ) Received ( ) Referred To Motion by: Harry C. Nickens/ Steven A. c raw Alternative #1 Garrett Johnson McGraw Nickens Robers x x x x x cc: File Cliff Craig John Hubbard ACTION # ITEM NUMBER ~ - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 12, 1988 AGENDA ITEM: Request for Virginia Department of Transportation Matching Funds for Old Farm Road and Peach Tree Circle (Waltdon Farm Subdivision) For Roadway Improvements to Bring the Roads into the State Secondary Road System COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The bond referendum for Roanoke County in 1985 was approved by the voters and allocated $600,000 of funds to be used for roadway improvements. The Board of Supervisors subsequently requested that $500,000 of these funds be used as matching funds under provisions of Section 33.1-75.1 of the Code of Virginia. It was anticipated that these funds would complete roadway improvements in sixteen subdivisions. A priority list of these subdivisions utilizing matching funds was approved by the Board of Supervisors in January, 1988. In addition to the $500,000 of County funds to be used as matching monies, the bond also included an additional $100,000. These funds were to be used for streets which did not meet the recordation date criteria of the Code of Virginia. This money was to be used to complete four projects plus provide for funding for necessary survey and legal work. The status of the four projects is as follows: 1) LaBellevue Subdivision: has been completed at a cost of $43,033. 2) Cynthia Drive (Lakeland Farms Subdivision): has been taken into the State Secondary System at no cost. 3) Old Farm Road and Peach Tree Circle (Waltdon Farms Subdivision): to be completed at an estimated cost of $30,000. 4) Ft. Lewis Village (Ft. Lewis Village Subdivision): The Board of Supervisors recently approved the allocation of $3,500 toward the improvements of this road to be used in addition to the remaining subdivision bond remaining on the project. Each of the above subdivision streets was to be completed using only County money since the recordation date of each of these subdivisions was after the effective date shown in Section 33.1-75.1 of the Code of Virginia. At the request of Roanoke County, Section 33.1-75.1 of the Code of Virginia was revised to change the effective date from January 1, 1976, to July 1, 1978. This bill was sponsored by Delegate Richard Cranwell. The affect of this change in the legislation would allow the Waltdon Farms Subdivision Roads to be improved utilizing State matching monies with the Roanoke County Bond Funds. ALTERNATIVES AND IMPACTS: Alternative I: Leave funding as it presently is and County to improve roads in Waltdon Farms Subdivision. Alternative II: Request Virginia Department of Transportation Special Fund Allocation in the amount of $25,000 as match to County Bond money and request Virginia Department of Transportation to improve the roads. RECOMMENDATIONS: Staff recommends that the Board of Supervisors approve Alternative II and the attached Resolution which requests that the Virginia Department of Transportation provide a matching fund allocation to upgrade the roads in Waltdon Farm Subdivision to Secondary Road Standards. SUBMITTED BY: APPROVED: ~~ _ ~ e Phillip Henry, .E. lme C. Hodge Director of Engineering County Administrator 2 Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION VOTE No Yes Abs Garrett Johnson McGraw Nickens Robers 3 ~~° ~ . ~w ~, ~~ ~ wcnp CoA~ ~lius / ,~ mac"' d/' G Tr< s Site 0. WAL FARMSI \~ •i~po _ ANC ~Gwrir VICINITY MAP ~- Q NORTH - -- Old Farm Road and Peach Tree Circle PUBLIC FACILITIES Road Improvement 4 AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 12, 1988 RESOLUTION REQUESTING SPECIAL FUND ALLOCATION BY VIRGINIA DEPARTMENT OF TRANSPORTATION TO IMPROVE OLD FARM ROAD AND PEACH TREE CIRCLE (WALTDON FARM SUBDIVISION) BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the application of Roanoke County for improving Old Farm Road and Peach Tree Circle to Secondary Road Standards. 2. That in accordance with Section 33.1-75.1 of the Code of Virginia, as amended, State matching allocation is available to improve, maintain, construct, or reconstruct State highways within the County. 3. Roanoke County has previously approved improvements to Old Farm Road and Peach Tree Circle using unmatched 1985 Road Bond Funds and now wishes to utilize Special Fund Allocations to improve these two roadways. 4. That Roanoke County and the Virginia Department of Transportation improve Old Farm Road and Peach Tree Circle, and the funds be appropriated and allocated for the local share of this project and be made available to the Virginia Department of Transportation at the appropriate time. 5. That the Virginia Department of Transportation and the Commonwealth Transportation Board is hereby requested to make 5 ~~ available an equivalent matching allocation in the amount of $25,000 for the improvements of Old Farm Road and Peach Tree Circle, effective July 1, 1988. 6. That the County Administrator or his designee be authorized to take such action and execute such documents as may be necessary to accomplish this project, upon form as approved by the County Attorney. 6 ~ ~ ' AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 12, 1988 RESOLUTION 41288-4 REQUESTING SPECIAL FUND ALLOCATION BY VIRGINIA DEPARTMENT OF TRANSPORTATION TO IMPROVE OLD FARM ROAD AND PEACH TREE CIRCLE (WALTDON FARM SUBDIVISION) BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the application of Roanoke County for improving Old Farm Road and Peach Tree Circle to Secondary Road Standards. 2. That in accordance with Section 33.1-75.1 of the Code of Virginia, as amended, State .matching allocation is available to improve, maintain, construct, or reconstruct State highways within the County. 3. Roanoke County has previously approved improvements to Old Farm Road and Peach Tree Circle using unmatched 1985 Road Bond Funds and now wishes to utilize Special Fund Allocations. to improve these two roadways. 4. That Roanoke County and the Virginia Department of Transportation improve Old Farm Road and Peach Tree Circle, and the funds be appropriated and allocated for the local share of this project and be made available to the Virginia Department of Transportation at the appropriate time. 5. That the Virginia Department of Transportation and the Commonwealth Transportation Board is hereby requested to make available an equivalent matching allocation in the amount of ~ ~ R $25,000 for the improvements of Old Farm Road and Peach Tree Circle, effective July 1, 1988. 6• That the County Administrator or his' designee be authorized to take such. action and execute such documents as may be necessary to accomplish this project, upon form as approved by the County Attorney. On motion of Supervisor R~ers, seconded by Supervisor Nickens, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ' A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 4/14/88 CC: File Phillip Henry, Director of Engineering Va. Department of Transportation Arnold Covey, Director of Development and Inspections ~~ ITEM NUMBER ~ ~ / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE VA, ON TUESDAY, APRIL 12, 1988 MEETING DATE: Tuesday, April 12, 1988 SUBJECT: Adoption of a Vehicle Utilization Policy COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County Administrator recently appointed a committee of John Hubbard, John Willey, Diane Hyatt, Cliff Craig, Jack Council, Nancy Bailey and John Chambliss to review the inventory of County owned vehicles, including those which are being driven home overnight, and to recommend a policy to be established concerning the assignment of County owned vehicles. A questionnaire was submitted to each department having a County owned vehicle for the purpose of establishing the need for said vehicle and the justification for the overnight assignment to an individual employee. Attachment A shows the total number of vehicles owned by Roanoke County and also the number of vehicles which are assigned for nighttime use. You will note that the three lines represented by an asterisk show sedans, vans and pickups assigned to departments relating to non-public safety and non-utility activities and represent only 76 of the total 365 vehicles and also represent only 24 of the 144 vehicles assigned for overnight use. The remaining vehicles represent heavy specialized equipment and public safety vehicles for which little justification was found to remove any of these from our inventory. The attached proposed Vehicle Utilization Policy is submitted for your consideration and if adopted should be returned to the County Administrator for implementation and enforcement. The committee feels that this policy will allow the departments to provide efficient and cost effective services to the citizens of Roanoke County and also provide some mechanism for curtailing any misuse of County owned property which may be occurring. ~~ / FISCAL IMPACT RECOMMENDATION: The committee recommends adoption of the attached Vehicle Utilization Policy and that direction be given to the County Administrator to implement and enforce said policy for the effective use of County owned equipment. SUBMITTED BY: - ~~_~~~ ohn M. Chambl'ss, Jr. Assistant County Administrator APPROVED: ~-~-' Elmer Hodge County Administrator ------------------------------------------------------------------ ACTION VOTE Approved ( > Motion by: No Yes Abs Denied ( ) Garrett Received ( ) Johnson Referred McGraw To Nickens Robers JMC/cw Attachments ~ - `~ TOTAL VEHICLES Heavy Equip. pick Ups/Special Equip. Vans Spec. Equip. Sedans - Sheriff Sedans - Fire pick Ups Other Passage Vans - Other Sedans Other Attachment A Number Night Time Use 365 144* 119 53 14 12 2 93 93 12 11 16 * 4 6 * ~ 54 * 20 *General Government Departments T VEHICLE UTILIZATION POLICY Purpose It is necessary and proper for many County employees to have County- owned or personal vehicles at their disposal to properly perform their assigned duties. The County does not desire to curtail the use of vehicles that are necessary for effective service delivery, however, it is essential that guidelines be established to ensure that the vehicles are being used with the utmost care and discretion and that they are being used in a manner consistent with the intent of the assignment. This policy will establish the criteria under which vehicles will be assigned to departments, the criteria under which vehicles will be authorized for take-home by employees, and the criteria for equitable compensation for County employees utilizing personal vehicles in the performance of their duties. Policy 1. General a. County-owned vehicles may be used only for official County business. It is recognized that official County business occurs both during regular business hours and after hours for some employees. b. Personal use is prohibited under this policy. De minimis personal use (such as transportation to and from meal and break periods) is allowed under this policy. c. Only County employees who have valid and current Virginia motor vehicle operator's license may drive a County-owned vehicle. In addition, only County employees or those individuals engaged in County business may ride in a County-owned vehicle. 2. Assignment of Vehicles to Departments a. Regular full-time assignment of vehicles to a department must be justified and proven cost effective. A department's request shall be based on at least one of the following: 1. A vehicle is or does contain special equipment necessary for the proper and effective performance of County work. 2. A vehicle will be used for official County business a minimum of 5,000 non-commuting miles per year or a minimum of 20 hours away from the office per week. 3. No vehicle already assigned to the department can be reassigned on a time-sharing basis to fill the department's requirements. b. On June 1st of each fiscal year, each department shall submit to the Department of Management and Budget a listing of all vehicles assigned to their department. The list shall include the vehicle number, description, condition, and a brief justification as to why the department needs that vehicle. ... / -2- 3. Nighttime Assignment of Vehicles to Individuals a. A County-owned vehicle shall not be taken home on a regular basis unless authorized by the County Administrator or his designee. A list of vehicle assignments to be authorized shall be submitted by each department manager through his Director to the County Administrator annually on June 1st. The list shall include detailed justification for each vehicle recommended and shall cite the specific criteria outlined below upon which the recommendation is based. This list may be combined with the list required from Section 2, but must also include the employee's home address, round-trip distance to the employee's residence, and a more detailed justification. b. The following criteria shall be used in recommending approval for taking a County-owned vehicle home on a regular basis: 1. The employee must answer emergency calls involving the potential loss of life or property where an immediate response is required. 2. The employee must attend to work-related functions, away from the normal work site and outside of normal working hours, on the average of at least twice per week. 3. Documented evidence must prove that it is to the County's benefit from an economic or level of service standpoint for the employee to have a vehicle assigned to him for take-home use. c. No employee may drive a vehicle to and from his residence outside of the County's borders without specific approval from the County Administrator 4. Utilization of Personal Vehicles on County Business a. Employees using personal vehicles in the performance of their assigned duties shall be compensated for such usage at the current mileage reimbursement rate established by the Board of Supervisors. These employees must receive prior authorization from their department managers or Director and file a monthly report of mileage to receive compensation. b. The employee must also satisfy the following criteria to receive the mileage reimbursement: - The vehicle driven must be currently licensed by the Common- wealth of Virginia and meet inspection standards. - The employee must be the owner or lessee of the vehicle. - The employee must have on file with the Department of Finance a certificate of vehicle insurance meeting the minimum requirements of liability established by the Commonwealth of Virginia for property damage and personal injury coverage. ACTION # ITEM NUMBER /- - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 12, 1988 AGENDA ITEM: Request for Public Hearing on Fiscal Year 1988-89 Budget COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND SUMMARY OF INFORMATION Per the Code of Virginia, Section 15.1-162, prior to the adoption of the 1988-89 fiscal year budget, the Board of Supervisors must hold at least one public hearing on the overall budget. The notice of the public hearing must be published in a newspaper having general circulation at least seven days prior to the date set for the hearing. The hearing must be held at least seven days prior to the approval of the budget. ALTERNATIVES AND IMPACTS STAFF RECOMMENDATION To comply with the above guidelines, the staff recommends a budget public hearing be approved for April 26, 1988 at 7:00 p.m. or as soon thereafter as may be heard. SUBMITTED BY: Reta R. Busher Director of Management and Budget APPROVED BY: lmer Hodge County Administrator --------------------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Received ( ) Referred To Garrett Johnson McGraw Nickens Robers .~ ACTION # ITEM NUMBER ~~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 12, 1988 AGENDA ITEM: Ordinance authorizing the acquisition of timber rights on approximately sixty-one acres of real property located near Virginia State Route 603 in Roanoke County COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On December 23, 1986, Roanoke County entered into an agree- ment with Mary Ann Wohlford Marchant and John D. Marchant for the purchase of approximately sixty-one acres of real property desig- nated as Roanoke County Tax Map Number 82.00-1-1. Included in the agreement was a provision that the sellers reserved the right to harvest timber on the property for two years from the date of the agreement. This property was purchased for $36,600, and is part of the Spring Hollow Reservoir project. The Marchants sold the timber rights to Turman Sawmill, Inc., on December 31, 1986. Turman Sawmill plans to harvest the sixty-one acres. The harvesting of this timber will cause exces- sive erosion of the property and will eliminate the protection provided to the reservoir drainage area. ALTERNATIVES AND IMPACTS: ALTERNATIVE N0. 1: Enter into an agreement with Turman Sawmill, Inc., to acquire the timber rights for this tract and also enter into an agreement with the Marchants granting their consent to the assignment of the timber rights by Turman Sawmill, Inc., to Roanoke County. This will prevent the harvesting of the timber and protect the reservoir drainage area. The fiscal impact of this alternative is $15,000. Funds are available in the Spring Hollow Reservoir account. ALTERNATIVE N0. 2: Do not enter into an agreement with Turman Sawmill, Inc., to acquire the timber rights for this tract. The harvesting of the timber will pose an adverse environmental impact to the reservoir project. There will be unknown damages caused by erosion and a considerable cost for reforesting the tract. ~ h STAFF RECOMMENDATION: The staff recommends the approval of Alternative No. 1 as follows: (1) That the Board of Supervisors consider the adoption of the proposed ordinance to acquire the timber rights from Turman Sawmill for $15,000; (2) That the Board of_ Supervisors enter into an agreement with Mary Ann Wohlford Marchant and John D. Marchant granting their consent to the assignment of the timber rights by Turman Sawmill, Inc., to Roanoke County; (3) That the County Administrator be authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the acquisition of the timber rights, all of which shall be upon form approved by the County Attorney. SUBMITTED BY: J n R, ar , P.E. Assistant County Administrator Community Services & Development APPROVED: z mer Ho e County Administrator ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Received ( ) Referred to 2 Garrett Johnson McGraw Nickens Robers ~-i NORTN FORMER MARCHANr PROPERTY COMMUNITY SERVICES AND DEVELOPMENT Spring Hollow Reservoir Project ~-/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, APRIL 12, 1988 ORDINANCE AUTHORIZING THE ACQUISITION AND ACCEPTANCE OF TIMBER RIGHTS ON APPROXIMATELY SIXTY-ONE (61) ACRES OF REAL PROPERTY LOCATED NEAR VIRGINIA STATE ROUTE 603 IN ROANOKE COUNTY, VIRGINIA WHEREAS, pursuant to the provisions of the Section 18.04 of the Charter of Roanoke County, a first reading concern- ing the acquisition and acceptance of the hereinafter-described timber rights was held on April 12, 1988. A second reading on this matter was held on April 26, 1988; and WHEREAS, on December 23, 1986, Roanoke County purchased approximately sixty-one (61) acres of real property from Mary Ann Wohlford Marchant and John D. Marchant, said tract being more particularly described as located near Virginia State Route 603 in Roanoke County and designated as Roanoke County Tax Map No. 82.00-1-1; and , WHEREAS, in the deed of purchase between the Marchants and Roanoke County the Marchants reserved the right to harvest timber on said sixty-one (61) acres for two years from the date of the deed; and WHEREAS, the Marchants sold their retained timber rights to Turman Sawmill Inc. on December 31, 1986; and WHEREAS, the Marchants have agreed to enter into an agreement with Roanoke County releasing all their right, title, and interest to harvest timber on the above-described property; and . r ~ / WHEREAS, Turman Sawmill Inc. plans to harvest the sixty_ !!! one (61) acres which will have an adverse environmental impact on the development of the Spring Hollow Reservoir Project. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervi- sors of Roanoke County, Virginia, as follows: 1. That the agreement between Mary Ann Wohlford Marchant and John D. Marchant and the Board of Supervisors of Roanoke County, Virginia, releasing all the Marchant's right, title, and interest to harvest timber on the approximately sixty- one (61) acres off of Virginia State Route 603, more particularly described as Roanoke County Tax Map No. 82.00-1-1, be, and hereby is, accepted. 2. That the conveyance of the timber rights located on approximately sixty-one (61) acres off of Virginia State Route 603 more particularly described as Roanoke County Tax Map No. 82.00-1-1 from Turman Sawmill Inc. to the Board of Supervisors of Roanoke County, Virginia, be, and hereby is, accepted. 3. That the purchase price of the timber rights is Fifteen Thousand Dollars ($15,000), said funds being available in the Spring Hollow Reservoir account. 4. That the County Administrator is authorized to exe- cute such document and take such actions on behalf of Roanoke County as are necessary to accomplish the acquisition and accep- tance of this property, all of which shall be upon form approved by the County Attorney. ITEM NUMBER ~ ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: April 12, 1988 SUBJECT: Ordinance authorizing the acquisition and acceptance of approximately 3.0-3.5 acres of real property located in Roanoke County at the intersections of State Routes 648 and 1905 (within the Hollins Community Development Project) for the development of a public park COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Activities funded through the Virginia Housing and Community Development (CDBG) grant for the Hollins Community Development Project include housing rehabilitation, construction of private to state standard roads, installation of private sewer and water service laterals, and the development of a public park to be owned by Roanoke County and maintained by the Parks and Recrea- tion Department. The property best suited for the development of the park has been selected by the staff of the Planning Department and the Director of Parks and Recreation. The owners of the subject property, designated as Roanoke County Tax Map Number 27.08-2-10, are Esther B. Sadler, Robert T. Sadler, and Grace A. Sadler. They have executed an option agreement to convey to Roanoke County approximately 3.0-3.5 acres (exact acreage to be deter- mined by survey before closing). The Hollins project budget includes funds for acquiring and developing the park. The park will be developed to scope within the budget of the project. Final design plans are being developed by the staff of the Parks and Recreation Department. Projected completion date of_ this activity is October 31, 1988. Section 18.04 of the Charter of Roanoke County requires that the acquisition and acceptance of real property be accomplished by ordinance. The first reading of this proposed ordinance was held on March 22, 1988; the second reading is scheduled for April 12, 1988. f-/ - / FISCAL IMPACT: The Hollins Community Development Project budget includes the funds for acquiring property and developing a public park within the project area. The park will be developed to scope within the project's CDBG budget funds. The acquisition cost is $9,000 (10 percent deposit has been made in consideration of the option agreement). This acquisition cost is part of the CDBG grant funds. Additional maintenance costs and time will be required to maintain the park. An accurate cost cannot be determined until completion of final design of the park. RECOMMENDATION: Staff makes the following recommendations: (1) That the Board of Supervisors consider the adoption of the proposed ordinance; (2) That the County Administrator be authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the acquisition and acceptance of this property, all of which shall be upon form approved by the County Attorney. SUBMITTED BY: APPROVED: 2 Ro-~~ A. Stalzer, Director mer Hodge Planning and Zoning County Administrator Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION VOTE No Garrett Johnson McGraw Nickens Robers Yes Abs N-/ NORTH o ~ ~9 p "O / ~ q~~ok@ ry ` ~ $ 6 ~ \ r ~ P ~ _ 2 ~~ ~ o +rnaoo / ~ Ilollins (:ommunlCy Development Project PUBLIC FACILITIES Sn~llcr I':~rlc f-/ - / AT A REGULAR MEETING OF THIS BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADM INIS'I'RA~i'ION CENTER, ON TUESDAY, AI'1lIL 12, 1988 ORDINANCE AUTHORIZING TTIE ACQUISITION AND ACCEPTANCE OF APPROXIMATELY 3.0 TO 3.5 ACRES OF REAL PROPER'T'Y LOCATED IN ROANOKE COUNTY AT THE INTERSECTION OF STATE ROUTES 648 AND 1905 (WITHIN THE IiOLLINS COMMUNITY DEVELOPMENT PROJECT) FOR THE DEVELOPMENT OF PUBLIC PARK WHEREAS, pursuant to the provisions of Section 18.04 of_ the Charter_ of Roanoke County, a first reading concerning the acquisition and acceptance of the hereinafter-described real estate was held on March 22, ]_988. A second reading on this matter was held on April ]_2, 1988; and WHEREAS, this real estate ccnsists of approximately 3.0 to 3.5 acres located in Roanoke County at the intersection of State Routes 648 and 1905 (within the Hollins Community Develop- ment Project) and more particularly designated as Roanoke County Tax Map No. 27.08-2-10. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervi- sors of Roanoke County, Virginia, as follows: 1. That the conveyance of approximately 3.0 to 3.5 acres of real estate located in Roanoke County at the intersec- tion of State Routes 648 and ]_905 (within the Rollins Commun~.~.;y Development Project) and more particularly designated as Roanoke County Tax Map No. 27.08-2-10 from Esther B. Sadler, Robert '.C. Sadler, and Grace A. Sadler to the Board of Super~~isors of Roa- noke County for the development of a public park as part of the Hollins Community Development Project be, and hereby is, accep- ted; and . f-/ _ 2. That the Hollins Community Development Project bud- get includes the funds to acquire the property, said purchase price being $9,000.00; anal 3. That the County Administrator is authorized to exe- cute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the acquisition and accep- tance of this property, all of which shall be upon form approved by the County Attorney. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, APRIL 12, 1988 ORDINANCE 41288-5 AUTHORIZING THE ACQUISITION AND ACCEPTANCE OF APPROXIMATELY 3.0 TO 3.5 ACRES OF REAL PROPERTY LOCATED IN ROANOKE COUNTY AT THE INTERSECTION OF STATE ROUTES 648 AND 1905 (WITHIN THE HOLLINS COMMUNITY DEVELOPMENT PROJECT) FOR THE DEVELOPMENT OF PUBLIC PARK WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the acquisition and acceptance of the hereinafter-described real estate was held on March 22, 1988. A second reading on this matter was held on April 12, 1988; and WHEREAS, this real estate consists of approximately 3.0 to 3.5 acres located in Roanoke County at the intersection of State Routes 648 and 1905 (within the Hollins Community Develop- ment Project) and more particularly designated as Roanoke County Tax Map No. 27.08-2-10. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervi- sors of Roanoke County, Virginia, as follows: 1. That the conveyance of approximately 3.0 to 3.5 acres of real estate located in Roanoke County at the intersec- tion of State Routes 648 and 1905 (within the Hollins Community Development Project) and more particularly designated as Roanoke County Tax Map No. 27.08-2-10 from Esther B. Sadler, Robert T. Sadler, and Grace A. Sadler to the Board of Supervisors of Roa- poke County for the development of a public park as part of the Hollins Community Development Project be, and hereby is, accep- ted; and 2. That the Hollins Community Development Project bud- get includes the funds to acquire the property, said purchase price being $9,000.00; and 3. That the County Administrator is authorized to exe- cute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the acquisition and accep- tance of this property, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Johnson, seconded by Supervisor Nickens, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: `7'Y~ a~-c~, ~1 Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 4/14/88 CC: File Sue Palmer, Hollins Project Coordinator Rob Stalzer, Director of Planning and Zoning Paul M. Mahoney, County Attorney ti ITEM NUMBER 1- ~ ` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE• April 12, 1988 SUBJECT: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Building Code Board of Adjustments and Appeals Four-year term of Norman Eugene Jarrett, Hollins Magisterial District. His term expired January 22, 1988. Four-year term of B. J. King, Windsor Hills Magisterial District. His term expires April 13, 1988. Four-year term of Thomas A. Darnall, Vinton Magisterial District. His term expires April 27, 1988. 2. Court Service Unit Advisory Council/Youth and Family Services Advisory Board: One-year term of youth member Emily Reaser, Northside High School. Her term expired November 13, 1987. Two-year terms of Gerald Curtiss, Catawba District, Roger Smith, Catawba District, Marilyn Morehead, Hollins District, Dr. J. Andrew Archer, Vinton District, Sherry Robison, Windsor Hills District, will expire 3/22/88. One-year term of Tracy Rothschild, youth member from Cave Spring, will expire 3/22/88. Michael Lazzuri, Director of Court Services, has indicated that this Council has not been active for quite some time. The Board may wish to declare this Committee inactive until Mr. Lazzuri reactivates it. At that time, new members may be appointed. 3. Fifth Planning District Commission Three-year unexpired term of Citizen Representative and Executive Committee member Timothy Gubala. Mr. Gubala's term expires June 30, 1989. Mr. Gubala has recommended that John Hubbard be appointed to fill his term. (See attached memorandum) ..~ ~ - '7 4. Industrial Development Authority This Committee is also inactive, but does have financial and legal obligations on behalf of the County. The attorney for the Industrial Development Authority recommends that new members be appointed or the old members reappointed even though it is not active at this time. Four-year terms of Charles R. Saul, Cave Spring Magisterial District and Bill Triplett, Vinton Magisterial District. Their terms expired September 26, 1987. Mr. Saul and Mr. Triplett have indicated their willingness to continue to serve in this capacity. 5. League of Older Americans Advisory Board: One-year term of Webb Johnson, County Representative, will expire 3/31/88. 6. Parks and Recreation Advisory Commission Three-year unexpired term of William Pyles, Hollins Magisterial District and Leonard Winger, Cave Spring Magisterial District. Both terms will expire June 30, 1989. Please see attached for letters of resignation. 7. Total Action Against Poverty Board of Directors Two-year terms of Mrs. Elizabeth Stokes and Mr. Cabell Brand. Their terms expire May 3, 1988. Mr. Brand is a joint appointee with the City of Salem. SUBMITTED BY: y j") rte. z..~.~., ` ~f . c~~ 1_G.-L~,. 7 Mary H. Allen Deputy Clerk Approved ( ) Denied ( ) Received ( ) Ref erred To Motion by: ACTION APPROVED BY: z E mer C. Ho ge County Administrator Garrett Johnson McGraw Nickens Robers VOTE No Yes Abs -/ BUILDING CODE BOARD OF ADJUSTMF:NTS AND APPEALS A. COMPOSITION: To be comprised of five (5) members; appointed by the Board of Supervisors. Members may be reappointed, and terms should be staggered so that less than half of the terms expire in any one year. The Board of Supervisors may appoint alternate members who may sit on the Board in the absence of any regular. members, and shall have the full power and authority of the regular member.. Board members shall be selected on the basis of their ability to render fair and competent decisions regarding application of the code, and shall to the extent possible, represent .different occupational or professional fields: At least one member should be an experienced builder. At least one member should be a licensed professional engineer or architect.. B. DUTIES: Shall act on application for appeals,as~required by Section. 36-105 of the Code of Virginia; om it shall enter into an agreement with the governing body of another county or municipality or with some other agency, or a State agency approved by the Virginia Department of Housing and~Community Development. C. MEETING SCHEDULE: The Board shall meet upon notice of the chairman or at stated periodic meetings if warranted by the. volume of work. The Board shall meet within ten working days of the filing of an appeal. -..L~ COURT SERVICES UNIT ADVISORY COUNCIL/YOUTH AND FAMILY SERVICES ADVISORY BOARD A. COMPOSITION Board to consist of two district,' and one youth membe bodies of each county and cit appoint one or more members to members .from each magisterial r from each high .school. Governing y served by a court service unit may a citizen advisory council .• g.• DUTIES• Advises and cooperates with the court upon all matters affecting the working of this law and other laws relating to children, their care and protection and t-o domestic relations; Consults and confer with the court and director of the court service unit relative to the development and extension of~~ the court service program; Encourage the members selected by the council to serve. on the central advisory council to visit as often as•the member. conveniently can, institutions and associations receiving children under this law and to report to the court the conditions and surroundings of the children received by or in charge of any such persons, institutions or associations. The Council should make themselves familiar with the work of the court. Makes an annual report~~to the court and the participating governing bodies on the.work of the council. :,. As the Youth and Family. Services Advisory Board: Establish goals and priorities for County-wide youth services; assist in coordination and planning for comprehensive . youth services within the private sector. Serve in an advisory capacity and to otherwise assist the Board of Supervisors to establish goals and objectives in compliance with all "minimum Standards of the Delinquency Prevention and Youth Development Act of 1979". Assist in conducting an assessment of the needs of youth every five years and to assist in developing an annual • Delinquency Prevention Plan, further to participate in evaluating the implementation of the plan and making a report thereon to the Board of Supervisors. Provide a public forum where concerns •about youth may be expressed and to receive recommendations and raise concerns o~f public and private organizations at any regular advisory board meeting upon proper notice. Advocates necessary legislative amendments to improve community conditions for youth development and to support the development of needed services both public and private for youth in the community. C, MEETING SCHEDULE: One a quarter, the third Tuesday, beginning January; time and place determined at meetings. . --L r FIFTH PLANNING DISTRICT COMMISSION A. COMPOSITION Commission to consist of five (5) representatives of Roanoke County based on population, three representatives who shall be elected members of the governing bodies, and two members who shall be non-elected citizens. The term of office shall be three years. One of the members shall also serve on the Executive Committee . The Fiftri Planning District Commission represents participating local governments included in the geographic area delineated by the Commonwealth of Virginia. The commission is composed of 21 elected and citizen representatives of the participating jurisdictions. B. DUTIES The purpose of the commission as defined by the Virginia Area Development Act is "...to promote orderly and efficient development of the physical, social and economic elements of the District by planning, encouraging and assisting governmental subdivisions to plan for the future." The general management program category provides the basic organization and management of commission activities and routine administrative functions. Because general management supports the entire operation of the commission's work program, costs allocated to the program activity are generally considered as administrative or indirect costs and charged to other program categories in accordance with the Commission's Cost Allocation Plan . C. MEETING SCHEDULE Fourth Thursday of each month; held in Commission Conference Room, at 3:00 p.m. (time subject to change.) ~ ~ ~ ~~N^1 i ~ . M E M O R A N D U M ~~ T0: Elmer C. Hodge, County Administrator /~ FROM: Timothy W. Gubala ( ~~t/~ DATE: March 9, 1988 SUBJECT: Appointment to the Fifth Planning District Commission I discussed this appointment with John Hubbard and he has agreed to serve as Roanoke County's representative on the Executive Committee. I will continue to serve through the month of March. This action of placing John on the Executive Committee should be taken ;by Board of Supervisors action at the March. 22, 1988 meeting. ~` sbo pc John Hubbard ~.~[- INDUSTRIAL DEVELOPMENT AUTHORITY A. COMPOSITION: (Summarized from State Code 15.1.1377) To be composed of seven (7) directors, appointed by the Board of Supervisors; for terms of four (4) years, except appointments to fill vacancies which shall be for the unexpired terms . B. DUTIES: Has authority to sue or be sued and to prosecute and defend at law or in equity in any court having jurisdiction of the subject matter and of the parties. Adopted and use a corporate seal; Contract and be contracted with; Acquire, improve and maintain and equip and furnish one or more authority facilities including all real and personal properties which the board of directors of the authority may deem necessary in connection therewith and regardless of whether or not any such facilities shall then be in existence; To lease to others any or all of its facilities and to charge and collect rent therefore; To issue its bonds for the purpose of carrying out any of its powers including specifically any power conferred. To appoint an industrial advisory committee to advise the authority; To borrow money and to accept contributions, grants, and other financial assistance from the United States of America and agencies or instrumentalities thereof, the Commonwealth or any political subdivision, agency or public instrumentality of the Commonwealth for or in aid of the construction, acquisition, ownership, maintenance or repair of the authority facilities. C. MEETING SCHEDULE: Called meetings. `-~' '~ LEAGUE OF OLDER AMERICANS: ADVISORY COUNCIL A. COMPOSITION• To consist of nine (9) members on the Board of Director, representing the entire 5th Planning District. ADVISORY COUNCIL:. To consist of twenty-seven (27) members; one (1) Roano):e 'County-appointee; to serve a one (1) year term, and may be re -appointed. B. DUTIES• To assure that a system of services for the aging be developed; To coordinate and evaluate existing services; To identify unmet needs of older persons; To serve as a strong advocate for~the aging population; To educate the general public of the conditions of the elderly citizenry; To advise local planning bodies on alI aging issues; Act as grantee and the the administering agency for programs and services. Serve as the Area Agency on Aging: Provide elderly persons and handicapped persons with housing facilities, and services specially designed to meek their physical, social and psychological needs. - To buy, own, sell, assign, mortgage or lease any intezest in real estate and personal property and to construct, maintain and operate improvements thereon necessary or incident to the accomplishments of the purposes set forth in the Articles. The Board of Directors shall: Carry out the policies and instructions of the League in a manner consistent with the Articles of Incorporation and Bylaws. Create committees and delegate authority to the committees for carrying out the objectives of this organization. C. MEETING SCHEDULE: Board and Advisory Council meet on alternate months. ~-5 PARRS & RECREATION ADVISORY COMMISSION A. COMPOSITION: (Resolution 85-151.N, September 10, 1985) To be composed of two (2) members from each magisterial district and one (1) member at large from the County. All members to be appointed by the Board of Supervisors. Original terms shall be staggared. Upon expiration of their original terms, each succeeding term shall be for three (3) years, expiring on June 30th. B. DUTIES: The Commission shall serve as the advisory body to the Director of Parks and Recreation of Roanoke County; the Commission shall suggest policies to the County Administrator and the Board of Supervisors through the Director of Parks and Recreation, within its powers and responsibilities as stated in this resolution. The Commission shall serve as a liaison between the Department of Parks and Recreation, the Board of Supervisors, and the citizens of the community. The Commission will work through the Parks and Recreation staff on all related matters. The Commission shall consult with and advise recreation policies, programs, personnel, finances, and the need for acquiring and disposing of lands and properties related to the total community recreation program, and to its long-range, projected program for recreation. The Commission shall assume duties for the recreation purposes as follows: Make recommendations (1) for the establishment of a system of supervised recreation for the County; (2) to set apart for use as parks, playgrounds, recreation centers, water areas, or other recreation areas and structures, any lands or buildings owned by or leased to the County and for approval by the Board of Supervisors and may suggest improvements of such lands and for the construction and for the equipping and staffing of such buildings and structures as may be necessary to the recreation program within those funds allocated; (3) and advise in the acceptance by the County of any grant, gift, bequest or donation, any personal or real property offered or made available for recreation purposes and which it judges to be of present or possible future use or recreation. Any gift, bequest of money or other property, any grant, devise of real or personal property so acquired shall be held, by the County, used and finally disposed of in accordance with the terms under which such grant, gift or devise is made and accepted; (4> and advise in the construction, equipping, operation and maintenance of parks, playgrounds, recreation centers and all buildings and structures necessary or useful to the Department function, and will advise in regard to other recreation facilities which are owned or controlled by the unit or leased or loaned to the unit. ~t~,~R ~ -'- 1983 -1- - ~ Roanoke, Virginia March 21, 1988 Mr. Robert Johnson Roanoke County Board of Supervisors 3738 Brambleton Ave., S. W. Roanoke, Virginia 24018 Dear Bob I regret the need to inform you that I must resign from the Parks Planning Commission due to a time conflict with a new business venture. The appointment to this commission has been most reward- ~ ing. It was a privilege working with Mrs. Willis and the other dedicated members. ~; Best regards, ~) Bill Pyles ~... - s March 24, 1988 Roanoke County Board of Supervisors P. O. Box 29800 Roanoke, VA 24018 Gentlemen: Due to the demands of my real estate business and other personal considerations I am hereby resigning from the Parks and Recreation Commission of Roanoke County. I thank you for the opportunity to serve in this capacity. Sine ely, ~, / ~ ~( C~,~ ~ Len Winger /dw O Main Otfice / Rt. 419 ^ 460 East Office ;J22 Electric i?oad, E:~r. jR1. 419). Roanoke. V~. 240:8 ~ r qo,, ~ ;154 ii i~r.rrye Ave.. N.E. (: ,t. 4aQ).. n.,ke, !/.A 2401:. P_O_ f3ox 8614. Roanoke, VA 21014 P U (3ox 1 t963. Ror;noke, VA 24022 (703) 989-0863 (103)343-5800 Roanoke's t`Iumber One- Real Estate Company ~~~ T R (D TAP BOARD OF DIRECTORS A. COMPOSITION• To consists of thirty-six (36) members, divided into three (3) groups - elected officials - representatives of the poor - and representatives of private organizations. The Board of Supervisors shall appoint one (1) representative, and one (1) joint appointee/City of Salem. B. DUTIES• Board of Directors manages the Total Action Against Poverty in the Roanoke Valley. C. MEETING SCHEDULE: Third Tuesday of each month at TAP Headquarters at 3:00 p.m. ~~~ TAP Total Action Against Poverty in Roanoke Valley, 702 Shenandoah Avenue, N. W., P. O. Box 2868, Roanoke, Virginia 24001-2868 Z March 21, 1988 Mr. Elmer C. Hodge Administrator Roanoke County P. 0. BOX 29800 Roanoke, VA 24018-0798 Dear Elmer: It is time once again for the Koanoke County Board of Supervisors to appoint your representatives to the TAP Board of Directors for a two-year term beginning May 3, 1988 and ending May 3, 1990. Your current representatives, Mrs. Elizabeth Stokes and Mr. Cabell Brand, are eligible for reappointment to the TAP Board. Enclosed is the required form to be filled out and returned to us as soon as possible naming your appointments to the TAP Board. The TAP agency deeply appreciates the interest and support of the Roanoke County Board of Supervisors throughout the years. Sincerely yours, / Mr. Monty P male Chairman Membership Committee MP/ljb Enclosures Npm~ ~vA~'Tco~S To m~ ~~.~ ~ ~, ~! -- ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 12, 1988 i' RESOLUTION NO. APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain section of the agenda of the Board of Supervisors for April 12, 1988, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5, inclusive, as follows: 1. Minutes of Meetings, - January 26, 1988, February 29, 1988, March 8, 1988, March 15, 1988. 2. Approval of Resolution ratifying the interest rates for the $3,985,000 General Obligation School Bonds. 3. Acceptance of water and sewer facilities serving Waterfall Lake, Section 2. 4. Acceptance of water and sewer facilities serving Woodbridge Section 9. 5. Approval of a Raffle Permit for North Cross School. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. ,~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 12, 198$ RESOLUTION NO. 41288-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain section of the agenda of the Board of Supervisors for April 12, 1988, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5, inclusive, as follows: 1. Minutes of Meetings, - January 26, 1988, February 29, 1988, March 8, 1988, March 15, 1988. 2. Approval of Resolution ratifying the interest rates for the $3,985,000 General Obligation School Bonds. 3. Acceptance of water and sewer facilities serving Waterfall Lake, Section 2. 4. Acceptance of water and sewer facilities serving - Woodbridge Section 9. 5. Approval of a Raffle Permit for North Cross School. 2. That the Clerk to the Board is hereby 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 resolution. On motion of Supervisor Johnson, seconded by Supervisor Robers, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: Mary H. A len, Deputy Clerk Roanoke County Board of Supervisors 4/14/88 CC: Diane Hyatt, Director of Finance Clifford Craig, Director of Utilities Phillip Henry, Director of Engineering ~- f 4 2 3 ~~ January 26, 1988 -~ --- -1 _ ___ _-_- ------ ------ - - ------------ -- - -- - li _ - --- Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 January 26, 1988 The Roanoke County Board of Supervisors of RoanokE County, Virginia, met this day at the Roanoke Count Administration Center, this being the fourth Tuesday, and th second regularly scheduled meeting of the month of January 1988. IN RE: CALL TO ORDER Chairman Garrett called the meeting to order at 3:01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee Garrett, Vice Chairman Richarc Robers, Supervisors Bob L. Johnson, Stever A. McGraw, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; John M. Chambliss Assistant County Administrator for Management Services; John R. Hubbard, Assistant County Administrator of Public Facilities; Timothy W. Gubala, Assistant County Administrator for Community Development; Paul M. Mahoney, 42~ January 26, 1988 County Attorney, Clerk; SIN RE: OPENING CEREMONIES Mary H. Allen, Deputy The invocation was given by the Reverend Arthur Grant, '~Woodlawn United Methodist Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA ITEMS County Administrator Elmer Hodge requested the addition of Item G-3, a request for a public hearing on February 23, 1988 for loan application to the Virginia Resources Authority and Va. Public School Authority. SIN RE: NEW BUSINESS 1. Authorization to acquire Broadview Water System: Director of Utilities Clifford Craig reported there are fifty-two homes in the Broadview subdivision now being 'supplied water by a private water company. The owner has been cited by the State Health Department for regulation violations. and has decided to abandon the water system..- He would be willing ,, 425 January 2b, 1988 to turn the system over to the County or the State. The staf recommends that the County take over the water system. Th system is not in good condition, but it can be connected to th Big Hill water line. Staff has met with the residents an recommends taking over the system in the condition it is now with no improvements. If capital improvements are approved i the future, there would be a contribution for the improvement from the residents. Staff also recommends an allocation o $4,000 from the utility fund to connect the Broadview Ovate system to the Big Hill water system; and that no improvements b made to the system unless the users agree to fund part of th cost. In response to a question-from Dr. Nickens, the sta would take over the system and find a new private owner if th County ref used . Henry Davis, from the homeowners association, Ova present and expressed appreciation to the County for thei assistance in improving their water system. Supervisor McGraw moved to approve the staff recommendation. The motion was seconded by Supervisor Robers anc carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None 425 ' January 26, 1988 2. Settlement with the City of Roanoke for Bulk Water Purchases-for the Fiscal Year ended June 30, 1987: Mr. Craig announced that the County has received a settlement statement from Roanoke City for the bulk water purchases for the period ending June 30, 1987 in the amount of $174,483.60. This ,represents the deficit the County owes to the city during the prior year. The deficit was created because Roanoke City accomplished more capital projects than anticipated. The staff requested information from the City concerning these capital items. None of these items benefit Roanoke County, but according to the agreement, they may be included in the rate calculation. They have requested that the City of Roanoke give advance notice of such capital items and whether it benefits the County. Staff recommends that the deficit be paid and that the City advise the ~ounty in advance of anticipated capital expenditures. Supervisor Johnson expressed concern at the cost of the gill. Chairman Garrett directed the County Administrator to meet with representatives from Roanoke City within the next two weeks ~o investigate a more equitable solution for the future, and that fir. Hodge report back to the Board at the February 9th meeting. Mr. Craig advised that they had written to the City concerning this, but as of this date, had not received a response. Chairman Garrett continued the matter until February 9th. ~ 2 '7 ,, January 26, 1988 3. Establishment of an Automated Refuse System Container Policy: Director of General Services Gardner Smit advised that the County is ready to begin the automated test They have visited other localities and found it is necessary t have procedures associated with the use of the container. Thes rules include the fact that the resident must use the specia container and other rules concerning damage and replacement. Supervisor McGraw asked why the residents would b allowed to paint their container when one of the purposes o purchasing the containers was so that they would all b consistent within a neighborhood. Mr. Smith responded that t main purpose was to allow stenciling of name and address. Supervisor McGraw moved to approve the policy, deletin the portion allowing residents to paint their containers. Th motion was seconded by Supervisor Nickens and carried by th following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: REQUESTS FOR WORK SESSIONS Mr. Hodge requested a work session on flood control and tributaries on r^ebruary 23, 1988 at 2 p.m. 4~S January 26, 1988 N RE: REQUESTS FOR PUBLIC HEARINGS 1. Request for Public Hearing to borrow short term in ntici ation of taxes: Assistant County Administrator John hambliss advised that the County experiences shortages eriodically during the year based on the due dates of various taxes. It is necessary to have these operating expenses on hand uring this time. A public hearing is now required to hold a ublic hearing on this issue, and staff is requesting a public Baring on the matter on February 23, 1988. Supervisor Nickens asked how much it is necessary to borrow. Mr. Chambliss responded that it will be in the neighborhood of $10 million dollars. The cost of short-term sorrowing will be approximately $100,000. To avoid this in the Future, the County must have a larger fund balance. In the past, ve were able to utilize bond monies to avoid this, but they have peen expended and the tax reform act now prohibits the use of >ond monies for this. Supervisor Nickens moved to set the public hearing on 'ebruary 23, 1988.- The motion was seconded by Supervisor Johnson nd carried by a unanimous. voice vote. 2. Request for Public Hearing to amend ordinance oncerninq tax relief for the elderly and/or disable persons: 429 January 26, 1988 Supervisor Johnson moved to set the public hearing on February 23, 1988. The motion was seconded by Supervisor McGraw and carried by a unanimous voice vote. 3. Request for Public Hearing for Loan Applications to the Virginia Resources Authority and the Virginia Public School Authority: Supervisor Nickens moved to set these public hearings on February 23, 1988. The motion was seconded by Supervisor Robers and carried by a unanimous voice vote. IN RE: APPOINTMENTS 1. Library Board: Supervisor McGraw nominated James Miller to a four-year term expiring December 31, 1991, and representing the Catawba Magisterial District. Supervisor Garrett nominated Dr. Paul M. Zeis to a four-year term expiring December 31, 1991, and representing the Windsor Hills Magisterial District. 2. Social Services Board: Supervisor Garrett nominated William P. Broderick to another four-year term. His term will expire January 1, 1992. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS ~3~ ~ ' ~ January 26, 1988 --- -- -- II _. - .: Supervisor McGraw proposed a Roanoke Valley Efficiency Committee to study ways to save money or improve services by consolidating services. The committee should consist of two elected officials from each locality in the Roanoke Valley. He and Supervisor Robers would like to serve from Roanoke County. Supervisor Nickens announced he had met with representatives of the Lung Association and the Roanoke Valley Health Coalition, and has requested Keith Cook to take back to the Employee Advisory Committee information to study smoking policies in public buildings. IN RE: CONSENT AGENDA Chairman Garrett requested that Item J-6 be removed fort discussion. Supervisor Johnson moved to approve the Consent Agenda with the exception of Item 6. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett (NAYS: None Supervisor Nickens moved to approve Item 6 following discussion. The motion was seconded by Supervisor Johnson and carried by the following unanimous recorded vote:. AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett 431 January 26, 1988 NAYS:- None.. RESOLUTION NO. 12688-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roano County, Virginia, as follows: 1. That that certain section of the agenda of th Board of Supervisors for January 26, 1988, designated as Item J Consent Agenda be, and hereby is, approved and concurred in as t each item separately set forth in said section designated Items through 8, inclusive, as follows: 1. Acceptance of 15-foot drainage easement dedicate by Strauss Development Corporation. 2. Acceptance of 22-foot water line easemen dedicated by Strauss Development Corporation. 3. Acceptance of 12-foot public utility easement an 12-foot water line easement dedicated by Dallas G Jarrell and Joyce H. Jarrell. 4. Acceptance of 12-foot water line easemen dedicated by Elmer J. Craft, Jr, and Nancy P Craft. 5. Request from Roanoke Valley Alcohol Safety Actio Program (VASAP) Policy Board for ratification an confirmation of Board appointments. 6. Confirmation of Committee Appointment to th Library Board. 7. Acquisition of sewer easement. 4~z January 2b, 1988 8. Authorization to enter into agreement witl Appalachian Power Company to maintain Clearbrool Park electrical service. 2. That the Clerk to the Board is hereby authorizes and directed where required by law to set forth upon any of sais items the separate vote tabulation for any such item pursuant tc this resolution. Items 1 - 5, 7 and 8, were approved on motion of Supervisor Bob L. Johnson, seconded by Supervisor Harry C. Nickens, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None Item b was approved on motion of Supervisor Harry C. Nickens, seconded by Supervisor Bob L. Johnson, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garret's MAYS: None CN RE: REPORTS 1. Status Re ort on well Drillin Pro ram: assistant Director of Utilities Gary Robertson presented the ,tatus report on well drilling financed with the 1985 bond issue II: ~II January 26, 1988 ~ J of $500,000. A slide presentation of the well sites was als viewed by the Board. Supervisor McGraw inquired whether the program ha been successful. Mr. Robertson responded they have gotten goo quantities of waters, but the quality problems had been greate than anticipated. It is costing $75,000 to $90,000 per well. T~ produce an adequate supply of water for the County, it would bE necessary to find approximately 100 to 110 sites that producE 300 gallons per minutes. The following reports were received and filed: 2. Financial Statements for December 31, 1987. 3. Board Contingency Fund 4. General Fund Unappropriated balance 5. Capital Unappropriated Balance 6. Economic development activities for November, December 1987. IN RE: WORR SESSIONS 1. Individual Wastewater Treatment Plants: County Administrator advised that the staff had reviewed the information presented from the vendors concerning individual on-lot wastewater treatment plants. The staff has presented a written 43~ January 26, 1988 report outlining areas where they have concerns about these treatment plants, but do not plan a presentation. If the supervisors have questions following the presentation by the vendors, staff will research them. Mike Price, Vice President, Sales of Norweco, advised he was also representing the Stone Company of Virginia who manufactures and markets individual wastewater treatment plants. He outlined the design, operation, maintenance and installation of this system. He also addressed the concerns that the County staff had indicated in their written report. Supervisor Nickens advised that he had made several inquiries to other localities and has found no problems with the system as proposed. One locality advised that the only use for these should be if your soil does not perk and you cannot put in i standard septic tank. Director of Utilities Clifford Craig pointed out that .he Norweco system is one of the best systems, but if the board approves on-site individual wastewater treatment plants, inferior plants may also be sold. The Comprehensive Plan would also have o be amended to allow for this, type of system. Supervisor Garrett moved to have this issue studied by he Planning Commission. The motion was seconded by Supervisor ickens, and carried by the following recorded vote: YES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett 435 January 26, 1988 ---- NAYS: None IN RE: RECESS At 5:05 p.m., Chairman Garrett declared a dinne recess. IN RE: EVENING SESSION At 7:05 p.m., Chairman Garrett reconvened the meeting. IN RE: PUBLIC HEARINGS 188-1 Public Hearing for Citizen Comments for items to be included in the 1988-89 fiscal budget Mr. Hodge reported this was a preliminary public hearing before the staff begins the final budget process. This allows citizens the opportunity to present requests before the budget is finalized. Irwin Holtzman, 3511 Forester Road S.W. spoke requesting an additional zoning enforcement officer to enforce the zoning ordinances. 436 January 26, 1988 7__._-.~.---'- ----'------------- - ------------ 1,188-2 Petition of John Newcomb to rezone with 'I certain conditions a 1.714 acre parcel from R-3 Residential to B-2 Business to construct a restaurant, located at the northeast corner of Glen Heather Drive and Route 419 within the Windsor Hills Magisterial District (CONTINUED FROM DECEMBER 15, 1987) DENIED Chairman Garrett announced this petition had been continued to allow the attorney and developers for the petitioner to meet with the residents to discuss the matter. Ed Natt, attorney for the petitioner, announced that a eeting had been held with the area residents. Many of the residents stated they felt there needed to be an entrance-exit on Glen Heather Drive for safety purposes. He also advised the citizens at that time it would be impossible to locate the restaurant at Oak Grove Plaza or Southwest Plaza because there ould not be enough room for proper parking facilities. He also felt there was no other parcel of land on Route 419 that could be used for this type of development. The residents had asked if the restaurant could be located at alternate sites. Mr. Natt also advised that the state had conducted a traffic study of the intersection and a traffic count. -The state felt that there was no need for a traffic signal based on their criteria. Mr. Natt presented a petition in favor of the rezoning. January 26, 1988_ 4 3 7 The following spoke in opposition to the proposec rezoning: 1. Tom Palmer, Attorney for the Pines Homeowner: Association, and the residents of Wyndale, Bower Road, Carriage Drive, Sugar Loaf Farms and Wyndmere areas, and advised that the residents in this area felt that no new information was presented at the meeting between the attorney and residents. He presented a petition opposed to the rezoning. 2. Sarah Ayer, 4700 E. Sussex Court 3. Betty A. Holt, 2114 Bridle Lane S. W. 4. Ralph Seidman, 4760 Sussex Court 5. Dr. W. P. Lanier, Jr., 4743 Woodley Dr. S. W. 6. Keith Bartgis, 2222 Cantle Lane S. W. 7. Robert S. Bersch, 3430 Stonehenge Square They expressed concern about the increased traffic on both Route 419 and Glen Heather Drive, safety of children and teenagers walking to the restaurant, traffic hazards to school buses, and devaluation of property. Several petitions were presented in opposition to the rezoning The following spoke in favor of the proposed rezoning: 1. Frank Radford, 3421 Shadblow Lane 2. Ron Vaughan, 4635 Roxbury Lane S. W. X38 January 26, 1988 Supervisor Garrett presented a letter from the City of toanoke Planning Department opposing the proposed rezoning Because of its potential negative impact to the residents on the :ity side of Glen Heather. Supervisor Garrett also expressed :oncerns about safety and traffic in the neighborhood. Mr. Natt pointed out that this rezoning is in compliance with the Land Use Plan, it improves the site plan and glen Heather Drive. The traffic count and traffic flow have ,hown that it does not have a negative impact. This rezoning ~ould also help reach the 75-25 goal for economic development. Supervisor Garrett moved to deny the rezoning. The otion was seconded by Supervisor Robers and carried by the ollowing recorded vote: YES: Supervisors Johnson, Robers, Nickens, Garrett AYS: McGraw aN RE: RECESS Chairman Garrett declared a five minute recess. N RE: PUBLIC HEARINGS (Continued) 439 January 26, 1988 188-3 Petition of Peter L. Williams to rezone a 5.08 acre tract from B-2, Business to R-3 Residential to construct multifamily apartments located at 7655A and 7655B Marson Road within the Hollins Magisterial District (REFERRED BACK TO PLANNING COMMISSION ON DECEMBER 15, 1988) APPROVED WITH PROFFERED CONDITIONS Assistant County Administrator Timothy Gubala advised this petition went back to the Planning Commission on January 5th. No one was present in opposition to the petition. There are amended proffered conditions and an amended site plan. The Planning Commission recommended approval by a unanimous vote. Supervisor Johnson asked if the amended proffers will take the place of the existing proffers. Mr. Gubala responded affirmatively. Supervisor Johnson stated he was still not pleased with the petition, but with the amended proffer of conditions some of his objections are removed. Supervisor Johnson moved to approve the rezoning with th amended proffer of conditions. The motion was seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None FINAL ORDER i NOW, THEREFORE BE IT ORDERED that the aforementione parcel of land, which is contained in the Roanoke County Tax Maps as Parcel and legally described below, be rezoned from B-2, General Commercial District to R-3, Multi-family Residential District. A 5.08 acre parcel of land generally located at 7655A and 7655B Marson Road within the Hollins Magisterial District and recorded as Parcel #27.11-1(20 and 21) in the Roanoke County Tax Records. BE IT FURTHER .RESOLVED that a copy of this order be I ~.~.. transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the Official Zoning Map of Roanoke County. AMENDED PROFFER OF CONDITIONS 1. That the existing structure shown on the "Williams"~ tract will be demolished prior to or at completion of the 3 buildings on the west side of the driveway. The existing structure on the Looney tract will be demolished prior to or at completion of the units on the ease side of the driveway. 2. That the site plan prepared by Richard A. Gregory &~ Associates, Inc., and submitted with the Petition shall be~ substantially conformed with in the development of the property with the provisions that upon demolition of the existin 9~ 4 ~ '~ January 26, 1988 structures, two additional buildings, each containing 12 units may be constructed. The additional building on each side of the driveway may be constructed upon completion of the aforesai~ Ildemolition. 188-4 Petition of Davis H. Elliot Company, Inc to amend conditions and to rezone a 9.33 acre tract from M-1 Industrial to M-2 Industrial to construct an office and contractors' yard, located on the southeast side of Route 460 in the Hollins Magisterial District. APPROVED WITH PROFFERED CONDITIONS Director of Planning Rob Stalzer reported that the Petitioner is requesting the rezoning of the front portion of the property for a convenience store and oil distribution facility. The petitioner is requesting amendment of the proffers to allow Ihim to operate a contracting storage yard and automobile overhaul, and repair and service requiring outside storage of vehicles. Speaking in opposition to the proposed rezoning were Richard H. Lowe, Jr., 4017 Challenger Avenue, Roanoke Va. 24012, and Lelia Albrecht, 4775 Lake Back-O-Bergon Drive. Thev~ were concerned about the property values in the area as a result of the rezoning, the possibility of oil spills, and traffic hazards. They were also concerned about the messy condition ofll the property. ~~~ ' January 26, 1988 Steve Waldrup represented Davis H. Elliot Company, Inc He presented the site plan and outlined what the petitioner wil be doing. Supervisor McGraw moved to grant the petition witt proffered conditions. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Robers, McGraw, Nickens, Garrett NAYS: Supervisor Johnson Supervisor Nickens stated he was still concerned abou the messy storage facilities and the view from the surroundin residential area. Supervisor Johnson also stated he was concerned abou possible contamination of water as a result of oil spills becausE of the acquifer that is under the petitioner's property. FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land which is contained in the Roanoke County Tax Map as Parcel 50.01-1-2 and recorded in Deed Book 1259, Page 1702 an legally described below, be rezoned from M-1 Light Industria District to M-2 General Industrial District BE IT FURTHER ORDERED that a copy of this order b transmitted to the Secretary of the Planning Commission and tha ~~ January 26, 1988 !,Ihe be directed to reflect that change on the official zoning map II of Roanoke County . Starting at a point in the southerly right-of-way of U. S. Route 460 and being shown as Corner No 1 on Subdivision of PerimeterEast Commerce Center, Phase I (Plat Book 10, Page 113); thence leaving the right-of-way of U. S. ROute 460 and with the property of Nancy G. Creasey, et als (Will Book 386, Page 729), S. 650 44' 53" E. 257.76 feet to the point of BEGINNING; thence leaving the Creasey property and with the southerly-line of Lot 3 of Perimeter East Commerce Center, N. 380 21' 11" E. 224.01 feet to a point in the westerly line of Lot 2;thence leaving Lot 3 and with the line of Lot 2, S. 510 38' 49" E. 36.50 feet to a point; thence still with Lot 2, N. 380 21' 11" E. 300.00 feet to a point in the westerly line of a 50 foot right-of-way; thence leaving Lot 2 and with the right-of-way of a cul-de-sac whose radius is 50.00 feet, whose arc is 261.80 feet and whose chord is N. 380 21' 11" E. 50.00 feet to a point in the easterly right-of-way; thence with said right-of-way, N. 510 38' 49" W. 36.50 feet to a point; thence leaving said right-of-way and with the southerly line of Lot 1, N. 380 21'11" E. 204.93 feet to a point; thence leaving Lot 1 and with the. Virginia H. Davis property (Deed Book 639, Page 125), S. 380 17' 08" E. 227.05 feet to a point; thence continuing with. said Davis property, N. 790 42' 48" E. 135.67 feet to a point; thence leaving X44 January 26, 1988 I~ G2::~ said Davis property and with the property of Dr. Richard H. Lowe, Jr. (Deed Book 1105, Page 512), S. l0 55' 48" E. 756.43 feet to a point; thence continuing with the Lowe property, S. 710 38' 05" W. 202.63 feet to a point; thence leaving the Lowe property and with the property of Nancy G. Creasey, et als, N. 210 11' 35" W. 125.91 feet to a point; thence continuing with said Creasey property, N. 650 44' 53" W. 598.087 feet to the point of BEGINNING and containing 9.331 acres and being all the remaining property of Jack F. Walrond, Jr. (Deed Book 1259, Page 1702) as shown on Subdivision of Perimeter East Commerce Center Phase I as prepared by T. P. Parker & Son, Engineers and Surveyors, Ltd. dated 23 October 1987 and recorded in Plat Book 10, Page 113. PROFFER OF CONDITIONS (1) Earth berms on west - 460 frontage property lin shall be retained in an approximate size of 4 feet in height Earth berm on east - rear property line to be retained in a approximate size of 4 feet in height. Earth berms are to b seeded and/or covered with plant materials. (2) Subdivision restrictions for Perimeter East Commerc Center, which were proffered, shall be amended to apply to th M-2 Users, specific to Section 21-24-2 Paragraph A (1) and (8 and development of the rear acreage specific to one user. Th subsections amended are: Parking, landscaping, fuel storage, us ~~5 January 2b, 1988 limitations, building facades and signs. The amendments specifically address a change from a M-1 to M-2 zoning. (3) Proffer #9 and 10 of the Rezoning shall be amended, specific to current site development. (4) Future road right-of-ways set forth on subdivision plat Perimeter East Commerce Center, dated October 2, 1987, and recorded in Plat Book 10, page 113, is to be deleted. (5) Waste oil tank (maximum 1,000 gallons) shall be of buff hide construction with dry well monitoring. (6) Vehicle maintenance shop shall be for the sole use of Davis H. Elliot Co., Inc. vehicles. (7) M-2 use shall further exclude the uses as set forth under Section 21-24-1 of the Roanoke County Zoning Ordinance updated August 4, 1986, mini warehouses. PROPOSED RESTRICTIONS PERIMETER-EAST COMMERCE PARK It is the intent of .the restrictions as applied to the B-2 General Commercial District and M-1 Light Industrial District to encourage the use of landscape screening, buffered parking areas . January 26, 1988 '` ___.__~ _1 - - - _ _ -- - _ _ --- - -- --- ____-__ - __ and signage, such as to produce an attractive commercial district and working environ. All of said tracts of land shown on the development map of Perimeter East Commerce Park shall be subject to the covenants, conditions and restrictions as follows: PERFORMANCE STANDARDS No obnoxious or offensive trade or activity shall be carriec on nor shall anything be done thereon which may be or become ar annoyance to any person or entity owning property withir Perimeter-East Commerce Park or adjacent to said Park, by reasor. of excessive emissions of smoke, odors, dust, nongaseous fumes, excessive noise, or excessive glare or heat. It is the intent of the performance standards, as set forth, to provide that commercial and light industrial properties shall be developed and maintained with proper appearance from streets and adjoining properties and to provide that each such permitted use shall be a good neighbor to adjoining properties. The recipient of a building permit within the Commerce Park should note that these performance standards, like other provisions, are continuing obligations and the property is expected to operate in compliance with these standards. A. Smoke - Measurements shall be at the point of emissions. Emissions shall not exceed a 20g opacity, as determined by `# 4 ' ~ January 26, 1988 -- _. _- monitoring by standards of the Virginia Air Pollution Control Board. B. Dust - Reasonable precautions shall be maintained tc prevent particulate material from becoming air borne. ThE precautions may include, but are not limited to standards as set forth under the Regulations for the controlling of air pollution, Section 120-04-0104 of the Virginia Air Pollution Control (Board (January 1, 1985). C. Odor - No owners or other persons shall cause or permit to be discharged into the atmosphere from any affected facility any emission which cause an odor objectionable to individuals of ordinary sensibility. D. Gases - Fumes or gases shall not be emitted at any point in concentrations or amounts that are obnoxious to individuals of ,ordinary sensibility or are toxic or corrosive. E. Noise - Noise shall be measured on any property line of the tract on which the operation is located. Noise shall be muffled so as not to become objectionable due to intermittance, beat frequency, shrillness or intensity. At the property line, the sound pressure level of noise radiated continuously from a facility shall not .exceed the values given in Tables 2 and 3 in any octave band frequency. TABLE 2 ~~ --; ' January 26, 1988 - - Maximum permissible sound-pressure levels at specified points of measurement for noise radiated continuously from a facility. Frequency band Cycles per Second Decibel*Level 20 75 75 69 150 150 300 54 300 600 47 41 600 1,200 37 1,200 2,400 34 2,400 4,800 31 4.,800 10,000 28 10,000 20,000 26 ** 20,000 30,000 25 ** 30,000 40,000 24 ** 40,000 50,000 23 ** * According to the following formula: Sound Pressure Level in Decibels equals 10 log Pl where P2 equals 0.0002 dynes/cm2 P2 **To avoid possible interference with animal experiments. If the noise is not smooth and continuous, one or more of the corrections in Table 3 below shall be added to or subtracted from each of the decibel levels given above in Table 2. TABLE 3 Type of Operation or Character of Noise Noise source operates less than 20$ of any one hour period Voise source operates less than 5$ of any one hour period Joise source operates less than l~ of any one hour period Correction in Decibels Plus 5* Plus 10* Plus 15* ~~9 January 26, 1988 Noise of impulsive character (hammering, etc.) Minus 5 Noise of periodic character (hum, screech, etc.) Minus 5 * Apply one of these corrections only. F. Glare - Whether direct or reflected, such as from floodlights, or high temperature processes, and as differentiated from general illumination, shall not be visible at 'any property line. G. Exterior Lighting - Any lights used for exterior illumination shall direct light away from adjoining properties. H. Vibrations - Vibrations shall not be discernible from any property line to the human sense of feeling for three minutes or more duration in any one hour. I. Radiation - Operations shall cause no dangerous radiation at any property line as specified by the regulations of the United States Atomic Energy Commission. J. Waste - All sewage and industrial wastes shall be~l treated and disposed of in such a manner as to comply with Virginia water quality standards and Environmental Protection Acts as applicable. PARKING Each user permitted in this park shall provide adequate paved off-street parking for its employees and visitors and~~ exterior lighting requirements, as set forth for off-street parking requirements, as herein adopted or may be adopted by 4~ ~ ' January 26, 1988 ----- --- - --- -_ _. Roanoke County. Development plans under the B-2 District shal be set forth such that any building is placed along the frontage of the lot with no less than 80~ of the parking requirement; being placed at the rear of the property. LANDSCAPING No buildings or structures above ground shall extend beyonc the setback lines and is hereby declared that said area betweer the setback lines and the property lines is to be used for either open landscaping and green areas or offstreet paved parking areas. Within the B-2 zoning, a minimum of a 3 foot wide planted perimeter shall extend along all parking lot areas and between buildings and adjacent property lines. Planting shall be in conformity to Section 21-92 General Standards, Subsection C7 of the Screening and buffering Ordinance of the County of Roanoke, as now adopted or as may hereafter be amended, excepting trees shall not be planted as to obstruct the visibility of buildings within the B-2 zoning from traffic on 460 East. Within the M-1 zoning the road frontage of the parking areas shall be adequately screened to lower the visual impact of the parking areas, specifically recommended screening materials shall include decorative masonry walls, brick walls, a combination of earth berms with landscaping. All landscaping shall be properly maintained thereafter in a sightly and well kept condition. 'n ~u 5 ~- ,~ ~ January 26, 1988 (Landscaping specifically shall be in conformity to Section 21-92, General standards, subsection C7 of the Screening and Buffering Ordinance of the County of Roanoke, as now adopted or as may thereafter be amended. FUSE LIMITATIONS Without otherwise limiting the provisions of the performance Standards or any other terms or conditions of these restrictions, the building or premises, except as otherwise provided in these restrictive covenants may be used for any use permitted under Section 23-2, B-2 General-Commercial District and Section 21-24, M-1 Light Industrial District of the Zoning Ordinance of the County of Roanoke, Virginia, updated August 4, 1986, excepting, the following uses shall not be allowed: ~ B-2 zoning to exclude the following uses as set forth under Section 21-23-2 of the Roanoke County Zoning Ordinance update ?august 4, 1986, public billiard parlor and poolrooms, golf driving range, flea markets and public dance halls. M-1 zoning to exclude the following uses as set forth unde r (Section 21-24-1 of the Roanoke County Zoning Ordinance -update August 4, 1986, automotive repair, overhauling or service requiring outside storage of disabled vehicles, kennels with exterior runs or yards, and flea markets. HEIGHT LIMITATIONS. January 26, 1988 ~ ~ "' --~ - Lmprovements erected on the property, subject to this declaration, shall not exceed 30 feet in height provided, however, that accessory structures or equipment required to operate and maintain the building and provide adequate fire and related security or structures as specifically related to Section 21-24, paragraph E under the Zoning Ordinance may exceed this height with the written approval of Grantor, its successors or assigns. DEVELOPMENT REVIEW These covenants shall and do hereby provide that no improvements as herein defined shall be erected or placed on any building site in said development until the plot plans, showing a location of such improvements on the particular building site and an architectural sketch or an acceptable rendering showing the external design of the building and site improvements have been submitted to and approved in writing by the Grantor or assigns as to the conformity to and harmony of design with existing structures in the development, and as to location of the improvements on the building site, given due regard to the anticipate use thereof as shall may affect adjoining structures, uses and operations, such approval not to be unreasonably withheld. The right to approve or disapprove the proposed plan shall rest with the Grantor or its assigns or successors. SETBACK REQUIREMENTS `t ,7anuary 2b, 1988 No part of the structure shall be erected nearer the street than the setback line as required by the Zoning Ordinance or no less than shown by recorded map of Perimeter-East Commerce Park. BUILDING FACADES M-1 DISTRICT All buildings erected on the lots within the M-1 Light ndustrial District overlooking Route 460 East shall be so onstructed that the portions visible from Route 460 shall be aced with brick or an equivalent material or shall be screened y use of specifically recommended screening material, such as, ecorative masonry walls, brick walls or a combination of earth erms and landscaping. Landscaping specifically shall be in onformity Section 21-92 of the Screening and Buffering Ordinance f the County of Roanoke, Virginia, as now adopted or as mayl ereafter be amended to provide adequate screening from isibility. OUTSIDE STORAGE The storage of bulk commodities or any other material stored utside of the structure shall be confined to an area so screened s to minimize the visual impact to adjacent property owners and ighway view. Acceptable screening materials shall include wood tockade fence, decorative masonry walls, brick walls and earth erms with combination of landscaping. FUEL STORAGE 4~4 January 26, 1988 All fuel storage tanks shall be located underground at depth and location in full compliance with rules and regulation; with any governmental agency or agencies having jurisdiction over such matters. Bulk storage of all liquids, shall be permitter only in locations which shall not detract from general appearance of the property and shall be underground at a depth to comply with the rules and regulations of any governmental agency or agencies having jurisdiction over such matters. UTILITY LINES All utility services, inclusive of electric shall be placed underground between the property line"and the structural improvements. ENFORCEMENT RIGHTS All persons or entities owning property within the Perimeter-East Commerce Park shall have the right to enforce the above conditions and restrictions by a suit in equity to prohibit a violation of such restrictions or by action at law to recover damages for such violations. TEMPORARY STRUCTURES No trailer or other outbuildings of temporary character shall be built or used within the industrial park, except as may be required during the time of construction. January 26, 1988 All lots are subject to easements, as shown on the map of Perimeter-East Commerce Park as to be recorded and may be amended to properly service properties within the Industrial Park and satisfy the requirements of applicable utility authorities and governmental agencies. '188-5 Petition of Construction and General Laborers' Local Union No. 980 to rezone a 1.14 acre tract from A-1 Agricultural to M-1 Industrial to B-2 Business to construct an office located on the north side of Peters Creek Road in the Hollins Magisterial District. APPROVED WITH PROFFERS Director of Planning Rob Stalzer reported this was a~ nditional request to construct an office building. The current) land use is transition. There was no one in opposition at the lanning Commission hearing. There are proffered conditions inviting the use to office space, ensuring that the property will e developed in accordance with the concept plan. The Planning ommission recommended unanimous approval. Supervisor Johnson moved to approve the petition. The otion was seconded by Supervisor McGraw and carried by the ollowing recorded vote: YES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett AYS: None FINAL ORDER 456 ' January 26, 1988 NOW, THEREFORE BE IT ORDERED that the aforementione parcel of land which is contained in the Roanoke County Tax Map as Parcel 37.08-1-1 and recorded in Deed Book 800, Page 585 an legally described below, be rezoned from A-1 and M-1 District t B-2 District BE IT FURTHER ORDERED that a copy of this order b transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. BEGINNING at an iron on the northwest side of Virginia Route No. 117 at the easternmost corner of a 0.569 acre parcel conveyed to Roy L. Tolbert, et ux, by deed dated March 15,1966, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia in Deed Book 800, page 585, thence with the northeasterly line of said Tolbert property N. 330 56' 30" W. 248.29 feet to a point; thence N. 550 30 10" E. 200.0 feet to a point; thence with a new division line through the property of Branch and Associates, Incorporated, S. 330 56' 33" E. 250.23 feet to an iron on the northwest side of Virginia Route No. 117; thence with the line of Route No. 117, S. 560 03' 30" W. 200.0 feet to the place of BEGINNING, and containing 1.14 acres, more or less, and being shown on a plat by T. P. Parker, C.L.S., dated January 15, 1971. ~~ • .7anuary 26, 1988 PROFFER OF CONDITIONS Use of subject property will be limited to office space. Property will be developed in substantial accord with the ite plan submitted with the following exceptions: (a) Remaining undeveloped portion of the property, if eveloped, will have landscaped front yard, parking at the side r rear of the building and one sign of limited message, simple ometric shape, consistent lettering type with adequate spacing. (b) Access to the building shown on the site plan will e shared with either property to the northwest or with any uildings developed on the undeveloped portion of the subject roperty. (c) Screening and buffering on the site will comply-with ection 21-92 of the County Zoning Ordinance. (d) On site lighting will be of limited height (14' feet aximum) as not to impact adjacent duplexes. Sign will be of limited message, simple geometic shape, onsistent lettering types with adequate spacing. No billboard dvertising permitted. 88-6 Petition of Everett J. Miles to rezone a 0.25 acre tract from B-2 Business to B-3 Business to operate a used car lot, located north of ~ the intersection of Route 311 and ~4 5 ~ January 26, 1988 II _ - _ _ - _- -- - ------- -- - - - Route 630 in the Catawba Magisterial District. APPROVED WITH PROFFERED CONDITIONS Mr. Stalzer advised that the current land use for this tract is Core which encourages intense commercial and residentia use. The staff indicated significant impact facts including site layout, and the site lies close to the 100-year floodplain. There are proffered conditions, and the Planning Commission unanimously recommended approval. Supervisor Johnson moved to approve the petition. Th motion was seconded by Supervisor Nickens and carried by th following recorded vote: AYES: Supervisors Johnson, Robers, Nickens, Garrett NAYS: None ABSTAIN: Supervisor McGraw FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementione parcel of land which is contained in the Roanoke County Tax Map as Parcel 36.01-2-3 and recorded in Deed Book and legall described below, be rezoned from B-2 Business District to B- business with conditions District BE IT FURTHER ORDERED that a copy of this order b transmitted to the Secretary of the Planning Commission and tha 459 ' ~ January 26, 1988 e be directed to reflect that change on the official zoning map f Roanoke County. BEGINNING at an iron on the southern most corner of the property on Virginia Route 311 conveyed to Everett Jackson Miles by deed dated December 5, 1973; thence with the northwesterly line of said Miles property N. 46.00 W. 75.3 feet to a point; thence N 430 16' 33" E. 54.7 feet to a point; thence S 460 00'E. 75.3 feet to a point thence with the line of Route 311, S 440 000'W. 54.7 feet to the place of BEGINNING. PROFFER OF CONDITIONS (1) Use of property will be limited to used automobile sales. ;2) No outside overnight parking of inoperative or junk vehicles. (3) No on-premises automobile repairs shall be conducted. (4) Existing entrance west of Hanging Rock Market (facing Va. 311) shall provide only means of access to this business. ;5) Maximum signage size to be 4' x 8' No portable signs permitted. 6) No more than 20 vehicles on site. 188-7 Petition of Brambleton Medical Associates to rezone a 1.48 tract from R-1, Residential to B-2 Business to construct a parking lot, located south of 3142 Brambleton Avenue in the Cave Spring Magisterial District. _ January 26, 1988. ~ ~ O II __.. _ _ __ - - -__ ------ - - _- - - - ----------- --= ---- -„ 188-8 Petition of Brambleton Medical Associates to amend the Land Use Plan: 1.48 acre tract from Neighborhood Conservation to Transition, located immediately south of 3142 Brambleton Avenue in the Cave Spring Magisterial District. CONTINUED TO FEBRUARY 23, 1988 Mr. Stalzer advised that these petitions are unusua because one is for the rezoning and the other is for a Land Us Plan amendment. The Planning staff and Commission have bee working on a policy whereby rezonings not in conformance with the Land Use plan will require a public hearing for both the amendment and rezoning. Mr. Stalzer reported that 188-8 is a request to amend th Land Use Plan for this tract to Transition, which encourage higher density, mixed use commercial and office development a well as low to moderate density residential development. At th~ Planning Commission, citizens were concerned that establishes land use principles were being violated and that potentia: devaluation of property could occur. The staff reports n< significant impact factors concerning the amendment of the lane use plan. The rezoning (188-7) was originally heard on November 5t and continued to December 1, 1987. At the November 5th hearin the petitioners were requesting construction of a new offic 4 6 ~. 4 January 26, 1988 building to the rear of the existing office. Because of citizen concerns, the petitioner modified the request to construct only a parking lot where the office would have been constructed. The parking lot would serve the eventual expansion of the existing office complex on the front portion of the property. There were proffered conditions at the December 1st meeting. When this parcel was originally rezoned in 1976 there was a R-1 strip remaining on the eastern portion of the property to serve as a buffer. The original request included rezoning this strip to B-1 but the petitioner modified-this request to remain R-1. Supervisor Robers asked if the R-1 strip was already encroached upon. Mr. Stalzer responded that the parking area would encroach approximately 20 feet into the R-1 strip. This is for three parking spaces, two for handicapped and one for a van. Under the present zoning it would have to be a B-1 or B-2 zoning, but this violation is an administrative matter and not p a r t o f t h e r e z o n i n g p r o c e s s. John T. Molumphy was present to represent the petitioners. Speaking in opposition to the Land Use Plan amendment was Irwin E. Holtzman, 3511 Forester Road S. W. Supervisor Robers moved to deny the amendment to the Land Use Plan. The motion was seconded by Supervisor Garrett. Supervisor Johnson asked if denial of this amendment meant that the rezoning could not go forward. Mr. Stalzer .. 462 January 26, 1988 ---~ -- -- - responded that the rezoning could go forward, but if it does, it undermines the use of the Land Use Plan. County Attorney Paul Mahoney agreed with Mr. Stalzer's interpretation. Supervisor Nickens advised that he did not feel he had enough knowledge to make a judgment at this point. Supervisor Robers withdrew his motion to allow the staff to further investigate these petitions. The petitions were continued to February 23, 1988. 188-9 Petition of Springwood Associates for a Use Not Provided For permit to operate an oil change business, located at 3513 Brambleton Avenue in the Windsor Hills Magisterial District. Supervisor Garrett announced that since there was no opposition to this request, he would move approval of the permit., The motion was seconded by Supervisor Robers. Supervisor Nickens advised that he was concerned that the petitioner kept requesting to do more on the same square footage. Mr. Stalzer responded that the zoning administrator has ruled that the petitioner can continue with the oil change business' w i t h t h e p r e s e n t z o n i n g The motion carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Garrett NAYS: None 4s3 January 26, 1988 STAIN: Supervisor Nickens PROFFERED CONDITIONS 1. The conditions proffered in 1985 and amended in 1987 ill remain in effect, plus: 2. No vehicle will stay upon the property outside of the uilding for a period exceeding 72 hours. 3. No major mechanical work will be done on the property. 4. A row of small evergreen trees as defined in the. oning ordinance will be planted on the Faery property by May 1, 988. 5. The fence posts will be trimmed so as to be leve l ith the top of the fence. 88-10 Petition of Randy Lynn Pratt for a Special Exception Permit to operatean automobile graveyard located on the east side of Route 740 north of its intersection with Route 311 in the Catawba Magisterial District. DENIED Mr. Stalzer reported this request is for the etitioner's personal use and has not been reviewed by the lanning Commission. The automobiles to be stored will not be or sale of used parts or sale of the vehicles themselves. The -~ .. X64 ~ January 26, 1988 petition is .not in conformity with the Comprehensive Plan, there ', is a possibility of adverse impact to the surrounding land and to the natural features because of groundwater contamination of oil and gasoline. It is also not consistent with the Land Use Plan which designates this area Rural Village. It will legalize a zoning violation for which the petitioner has been cited. It twill be screened behind a fence. In response to a question from Supervisor McGraw, the zoning violation notification is held until the petitioner requests the proper permits. If the permit is denied then the (zoning violation goes forward. The petitioner was present and explained that he was planning building a garage to house the vehicles. The vehicles he is planning to keep will become antiques. The permit is for his private use only and will be used to restore vehicles. In response to a question from Supervisor Nickens, Mr. Pratt~l responded he had a total of 20 cars on the property. Speaking in opposition to the proposed rezoning were: 1. Stephen D. Lester, 3188 Windfall Drive, Salem 2. Walter Viohl, 3337 Windfall Drive, Salem 3. William D. Switzer, 3265 Windfall Drive 4. Doug Graham, 349 Carvins Cove Road, Salem 5. James L. Arrington, 28 Burchette Street, Salem 4s5 Y ~ January 26, 1988 They were concerned with the possible contamination c their well water, devaluation of their property, and th possibility of an illegal mobile home on the property. Mr. Stalzer responded that the mobile home on th property is legal. Supervisor McGraw moved to deny the petition. The motio was seconded by Supervisor Johnson and carried by the followin recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None Supervisor McGraw asked the staff to begin the process pursuing the zoning violation and having the automobiles moved. 188-11 Public Hearing concerning the adoption of an ordinance amending Chapter 7, Building Regulations of the Roanoke County Code by establishing the imposition by Roanoke County of a Cross Connection Ins ection Fee_ of $30.00 per inspection. Assistant County Administrator Timothy Gubala advise that this would establish cross connection fees for commercia properties to ensure that water does not flow back into privat or public water systems. No citizens were present to speak t this proposed ordinance. IN RE: FIRST READING OF ORDINANCES 4ss January 26, 1988 1. Ordinance_authorizinq the lease of approximately five (5) acres in the Hollins/Old Mountain Road area b the County of Roanoke from Ingersoll Rand for recreational purposes• Supervisor Johnson moved first reading of the Ordinance. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Ordinance amendin Cha ter 7, Buildin Re ulations of the Roanoke Count Code b the im osition of fees f or cross connection inspectlOri• Supervisor McGraw moved to approve the ordinance. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None ORDINANCE 12688-4 AMENDING CHAPTER 7, "BUI:GDING REGULATIONS," OF THE ROANOKE COUNTY CODE BY THE IMPOSITION OF FEES FOR CROSS CONNECTION INSPECTIONS 4 ~ "~ y January 26, 1988 WHEREAS, Sections 6.00, "Cross Connection and Backflow ,,Prevention Control in Waterworks," of the Commonwealth .of Virgin is Waterworks Regulations requires each locality to have an active cross connection inspection program to protect and prevent the contamination of public water systems from private, commer- ~cial, and industrial sources; and WHEREAS, Roanoke County has an active cross connectio inspection program coordinated through its Construction Building Services Department; and WHEREAS, no fees are imposed for the performance of across connection inspections; and WHEREAS, notice of the public hearing imposing a cross connection inspection fee was published in the Roanoke Times and World News on December 29, 1987, and January 5, 1988; and WHEREAS, a first reading of the proposed ordinance was held on January 12, 1988; the second reading was held on January 26, 1988. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervi- sors of Roanoke County, Virginia, as follows: 1. That effective January 26, 1988, a fee of Thirty Dollars ($30) for each cross connection inspection shall be im posed. a -i - i ,~ January 26, 1988 On motion of Supervisc Supervisor Harry C. Nickens, a vote: AYES: Supervisors Johnson, Robe r: NAYS: None IN RE: ADJOURNMENT At 9:35 a.m., Supervis meeting. The motion was secondf carried by a unanimous voice vote. Lee Garrett, Chaii 4s~ February 29, 1988 k / Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 February 29, 1988 The Roanoke County Board of Supervisors of Roanoke County, Virginia, inet this day at the Roanoke County Administration Center, this being a special adjourned meeting) from February 23, 1988. IN RE: CALL TO ORDER Chairman Garrett called the meeting to order at 8:03 a.m. The roil call was taken. MEMBERS PRESENT: Chairman Lee Garrett, Vice Chairman Richard Robers, Supervisors Bob L. Johnson, Harry C. Nickens MEMBERS ABSENT: Supervisor Steveci A. McGraw (arrived at 8:10 a.m.) STAFF PRESENT: Elmer C. Hodge, County Administrator; ,John M. Chambliss Assistant County Administrator nor Maclagement Services; Paul M. Mahoney, County Attorney, Mary H. Allen, Deputy Clerk February 29, 1988 Chairman Garrett announced this meeting was called t discuss an item that was continued from tt~e February 23rd meeting. Chairman Garrett also advised those present that the regularly scheduled meeting for March 8, 1988 will be convened briefly and then adjourned until March 9, 1988. The reason for this change is because the presidential primary will be held on March 8th, and the Community Room wi_11 be used as a voting precinct. IN RE: NEW BUSINESS 1. Adoption of an Ordinance authorizing the Issuance of $3,985,000 General Obligation School Bonds to finance improvements to the Bent Mountain and Back Creek Elementary Schools: Chairman Garrett announced that a public hearing on this issue had been held on February 23rd, but approval of the ordinance was continued to allow staff time to study other possible alternatives for financing of this bond. Assistant County Administrator John Chambliss advise they had studied three alternatives: (1) proceeding with the issuance of the bond through the spring issue by the Virginia Public School Authority; (2) selling the bonds during the fall issue by the Virginia Public School Authority; and (3) the use of literary fund loans. Staff still recommends going forward with the spring- issue of Virginia Public School Authority. February 29, 1988 Supervisor Robers stated his calculations show tha over a 20 year period the County could save $1.5 million by usin literary loans, and inquired if it was possible to apply fo these loans to pay back the VPSA loan. Mr. Chambliss advise that the County cannot use literary fund loans to pay back VPS loans . County Attorney Paul Mahoney reported he had met wit bond counsel prior to the meeting and they recommended that th Board adopt an Ordinance authorizing the issuance of the 'pond instead of a resolution. This action is more appropriate becaus Roanoke County operates under a charter, similar to cities. T pass the ordinance on this date, it will be necessary to waiv the second reading. Supervisor Garrett moved to adopt the prepare ordinance to proceed with funding by the Virginia Public School Authority in the spring issue. The motion was seconded b Supervisor Nickens. Supervisor Jo'nnson moved to waive second reading of the ordinance. The -notion was seconded by Supervisor Nickens. Supervisor Robers directed the staff to continue t pursue ways in which the County may save the $1.5 million dollars in interest on this loan. Both motions carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett February 29, 1988 NAYS: None ORDINANCE 22988-1 AUTHORIZING THE ISSUANCE OF $3,985,000 GENERAL OBLIGATION SCHOOL BONDS, SERIES OF 1988A OF THE COUNTY OF ROANOKE, VIRGINIA, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY, AND SETTING FORTH THE FORM AND DETAIL THEREOF. The Board of Supervisors of the County of Roanoke, Virginia ("County") has determined that it is necessary and expedient to borrow $3,985,000 and to issue its general obligation bonds therefore ("Bonds") to finance renovations and' improvements to Back Creek Elementary School and Bent Mountain) Elementary School. The County has held a public hearing on the issuance of the Bonds on February 23, 1988, in accordance with the requirements of Section 15.1-171.1 of the Code of Virginia of 1950, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. That the first reading on this ordinance was held on February 23, 1988; the second reading was dispensed with pursuant to the emergency measure provision of Section 18.04 of ', the Roanoke County Charter. 2. The Board of Supervisors hereby determines that it is advisable to contract a debt and to issue and sell the Bonds in the amount of $3,985,000 for the purpose of financing renovations and improvements to Back Creek Elementary School and Bent Mountain Elementary School. The issuance and sale of the Bonds upon terms established in this resolution of the Board of Supervisors is hereby authorized. 3. It is hereby determined to be in the best interest of the County and the Commonwealth. of Virginia to accept the offer of the Virginia Public School Authority ("VPSA") to purchase the Bonds at par, upon the terms set forth in this Resolution. The VPSA is an agency of the Commonwealth of (Virginia pursuant to Article VII, Section 10(b) of the (,Constitution of Virginia prescribed by the General Assembly (,pursuant to Section 22.1-166 of the Code of Virginia of 1950, as )amended. February 29, 1988 4. The appropriate officers of the County are hereby authorized and directed to enter into a bond sale agreement with the VPSA providing for the sale of the Bonds to the VPSA. 5. The County Administrator is hereby authorized and directed to accept the interest rate or rates on the Bonds established by VPSA, provided that such interest rate or rates shall be equal to the interest rate or rates on the corresponding bonds of the VPSA plus .10~ and in any event the true interest cost to the County shall not exceed 9~ per annum. 6. The Bonds shall be issued in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "COUNTY OF ROANOKE GENERAL OBLIGATION SCHOOL BONDS, SERIES 1988 A", and shall bear interest payable semi-annually on June 15 and December 15, beginning December 15, 1988, at the rates established in .accordance with paragraph 4 of this Resolution, and shall mature in the amounts set forth below on December 15 in each of the years 1988 to 2007 inclusive: Year Amount Year Amount 1988 $110,000 1998 $230,000 1989 180,000 1999 230,000 1990 185,000 2000 230,000 1991 225,000 2001 235,000 1992 225,000 2002 210,000 1993 225,000 2003 160,000 1994 240,000 2004 220,000 1995 240,000 2005 175,000 1996 240,000 2006 100,000 1997 240,000 2007 85,000 The Bonds shall be in substantially the form attac'ned 'Hereto as Exhibit A. 7. Bonds maturing on or before December 15, 1998 are not subject to redemption prior to maturity. Bonds maturing after December 15, 1998 are subject to redemption at the option of the County prior to maturity in whole, but not in part, on any business day on or_ after December 15, 1998, from any moneys tilat may be made available for such purpose, at file redemption price indicated 'oelow, expressed as a percentage of the principal amount of each Bond to be redeemed, together with accrued interest thereon to the redemption date: Dates (Inclusive) December 15, 1998 to December 14, 1999 December 15, 1999 to December 14, 2000 December 15, 2000 to December 14, 2001 December 15, 2001 and thereafter Redemption Price 103$ 102 101 100 Notwithstanding the foregoing provisions, so long as the Bonds are held by the VPSA, the Bonds shall not be subject to redemption prior to maturity without the prior written consent of the VPSA. The Treasurer of the County shall mail notice of any such redemption prior to maturity by registered or certified mail at least 30 days prior to the date fixed for redemption to the registered owner of any Bond to be redeemed at such owner's address as it appears on the registration books kept by the Treasurer as of the close of business on the 45th day preceding the date fixed for redemption. Such notice shall specify the redemption date and price, the place where such Bonds are to be surrendered for payment and that on the redemption date the redemption price will become due and payable on the Bonds and interest thereon shall cease to accrue from and after the redemption date. 8. The Chairman and the Clerk of the Board are authorized and directed to execute appropriate negotiable Bonds in the aggregate principal amount of $3,985,000 and to affix the seal of the County thereto. The manner of execution and affixation of the seal may be by facsimile, provided, however, that if the signatures of the Chairman and the Clerk are both by facsimile, the Bonds shall not be valid until .signed at the foot thereof by the manual signature of the Bond Registrar. 9. Crestar Bank, Richmond, Virginia, is hereby appointed Bond Registrar for the Bonds and is authorized and directed to take all action necessary to fulfill such appointment. February 29, 1988 10. The full faith and credit of the County are hereby irrevocably pledged for the payment of principal of, premium, if any, and interest on the Bonds. There shall be levied and February 29, 1988 collected annually on all locally taxable property in the County an ad valorem tax over and above all other taxes authorized or limited by law sufficient to pay such principal, premium, if any, and interest as.th~ same respectively become due and payable unless other funds are lawfully available and appropriated for the timely payment thereof. 11. The Clerk of the Board of Supervisors is hereby authorized and directed to cause a certified copy of this ordinance to be presented to the School Board of the County of Roanoke and filed with its Clerk. The Bonds hereby autk~orized shall not be issued 'oy the Board of_ Supervisors until the County School Board shall have adopted an appropriate resolution consenting to the issuance of the Bonds. 12. The appropriate officers and agents of the County) are hereby authorized and directed to execute a Non-Arbitrage) Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of Section 148 of the Internal Revenue Code of 1986, as amended, .and applicable regulations relating to "arbitrage bonds." The Board of Supervisors of the County covenants on behalf of the County that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Non-Arbitrage Certificate and Tax Covenants ands that the County shall comply with the other covenants and', representations contained therein. The appropriate officers of the County are hereby authorized and directed to execute and deliver the Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds in the form approvad by the County Attorney, among the County, the other participants in the VPSA bond sale, the VPSA and the financial institution designated therein as depository. 13. Crestar Bank, Richmond, Virginia is hereby designated Paying Agent for the Bonds. 14. Appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this ordinance to be filed with the Circuit Court of the County of ROarlOke and within ten days thereafter to cause to be published once in a newspaper having general circulation in the County a notice setting forth (1) in brief and general terms the purposes for which the Bonds are to be issued and (2) the amount of such Bonds. February 29, 1988 15 . Eacn mai«u~ _ .. _ .. - - . _. all other officers and employees of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 16. This ordinance shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meetings of the Board of Supervisors held on February 23, 1988, and February 29, 1988, and of the whole thereof so far as applicable to the matters referred to in such extract. On motion of Supervisor Garrett, seconded by Supervisor Nickens, and Second Reading of the Ordinance waived on motion of Supervisor Johnson, seconded by Supervisor Nickens and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None IN RE: ADJOURNMENT At 8:25 a.m., Supervisor Robers moved to adjourn the meeting. The motion was seconded by Supervisor Nickens and carried by a unanimous voice vote. Lee Garrett, Chairman ,- ., March 8, 1988 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 March 8, 1988 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the first Tuesday, and the first regularly scheduled meeting of the month of March, 1988. IN RE: CALL TO ORDER Chairman Garrett called the meeting to order at 3:05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee Garrett, Supervisors Bob L. ,7ohnson, Steven A. McGraw, Harry C. Nickels MEMBERS ABSENT: Vice Chairman Richard Robers STAN E' PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney, Mary H. Allen, Deputy Clerk; IN RE: COUNTY ADMINISTRATOR'S COMMENTS s~ March 8, 1988 -------------------- ------- County Administrator Elmer Hodge announced there had been some confusion about future budget work sessions because this meeting will be adjourned and continued tomorrow. He requested that there be a joint work session with the school board and school administration on March 15, 1988 from 2 p.m. to 5 p.m. Following the School Board presentation, County department heads will make their budget presentations. On March 22, 1988, from 2 p.m. to 3 p.m., there will be another budget work session. Supervisor McGraw advised that Supervisor Robers would like a discussion on duplication of services at the work session with the school board. Chairman Garrett advised that he would) write a letter to the school board chairman requesting that this .issue be discussed as part of the joint work session. IIN RE: ADJOURNMENT Chairman Garrett announced that this meeting would bed (continued on March 9, 1988 at 3 p.m. to finish the business ofd the regularly scheduled first meeting in March. The purpose for ,the continuance was because the Community Room was needed as a (voting precinct for the presidential primary election. March 8, 1988 At 3:10 p.m. Supervisor Johnson moved to adjourn the meeting to March 9, 1988 at 3 p.m. The motion was seconded b~ Supervisor Nickens and carried by a unanimous recorded vote. Lee Garrett, Chairman March 15, 198.8 Roanoke County Board of Supervisors Roanoke. County Administration Center 3738 Bra-nbleton Avenue, SW Roanoke, Virginia 24018 Marc'n 15 , 1.988 The Roanoke County Board of Supervisors of Roanok County, Virginia, met this day at the Roanoke Count Administration Center, this being an adjourned meeting frorn Marc 9, 1988 for the purpose of a joint work session with the Schoo Board and a budget work session with the County staff. IN RE: CALL TO ORDER Chairman Garrett called the meeting to order at 2:0: p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee Garrett, Vice Chairman Richar~ Robers, Supervisors Bob L. ,7ohnson, Stever A. McGraw MEMBERS ABSENT: Supervisor Harry C. Nickens (arrived at ~~ 2:08 p.m.) OTHERS PRESENT; Elmer C. Hodge; ~:_ounty Administrator; Pain Mahoney, County Attorney; Reta Busher,' Director of Management and Budget; Marv H~, Atlen, Deputy Clerk; Members of the Roanok~ March 15, 1988 County School Board, Bayes Wilson, Superintendent of County Schools SIN RE: BUDGET WORK SESSION WITH SCHOOL BOARD School Board Chairman Frank Thomas thanked the board for giving them an opportunity to present their budget requests. School Superintendent Bayes Wilson gave an overview of the school budget process. He reviewed the state mandates and the changes. He noted that the Roanoke County school enrollment had declined by 250 students and will decline another 250 students next year. Their present plan is to cut back 25 teaching positions, 3i administrators and 10 cafeteria workers. He pointed out that the state will allow retirement benefits as part of the increase to meet the 7.3 state mandated teachers salary increase, but he recommended funding the full 7.3 increase and looking at using retirement for the ,next fiscal year. Mr. Wilson also described the other needs of they schools such as salary increases for the support personnel, increased utilities costs, the need for new school buses, and the capital outlay needs. There was a discussion on the possibility of a lease-purchase arrangement to fund new school buses. IN RE: BUDGET WORR SESSION WITH COUNTY STAFF March 15, 1988 County Sheriff Michael Kavanaugh presented his budge requests for Fiscal year 1987/88 to fund the additional needs o the Sheriff's Department. Others presenting their budget requests were rr^ire any Rescue Chief Tommy Fuqua and Director of general Services Gar_dne Smith. During the work session discussions, Supervisor Nickens requested a work session in the future on radio equipment Supervisor Johnson asked Tommy Fuqua to find out how much ii would cost to have one of the fire and rescue personnel trainee to be an asbestos inspection. Supervisor Robers reiterated the importance of combining services whenever possible. IN RE: REQUEST FOR PUBLIC HEARINGS Supervisor Nickens moved to set public hearings fot April 12, 1988, and advertise the tax rates as follows: to set the real estate tax at not more than $1.15 per $100 assesses: valuation; to set the personal property tax at not more thar $3.50 per $100 assessed valuation; and to set the machinery anc tools tax rate of not more than $3.00 per $100 assessed valuation. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisor JoiZnson, Robers, McGraw, Nickens, Garrett March 15, 1988 NAYS: None IN RE: ADJOURNMENT At 5:35 p.m. Supervisor Johnson moved to adjourn. The motion was seconded by Supervisor Garrett and carried by a unanimous voice vote. Lee Garrett, Chairman ~ 1 A-41288-6.b ITEM NUMBER ~!~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 12, 1988 SUBJECT: Acceptance of water and sewer facilities serving Waterfall Lake, Section 2. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The developer of Waterfall Lake, Section 2, F & B Developers, Inc., has requested that Roanoke County accept the Deed conveying the water and sewer lines serving the subdivision along with all necessary easements. The water and sewer lines are installed as shown on Engineering plans prepared by Buford T. Lumsden & Associates entitled Development Plans for Section 2, Waterfall Lake, dated October 27, 1984, which are on file in the Public Facilities Department. The water and sewer line construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The values of the water and sewer construction are $18,000 and $51,537, respectively. RECOMMENDATION: The staff recommends that the Board of Supervisors accept the water and sewer facilities serving the subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. ~` SUBMITTED BY: Phillip T. Henry, P. . Director of Engineering APPROVED: ~- lmer Hodge County Administrator ------------------------------------------------------------------ ACTION VOTE Approved (X) Motion by• Bob L. Johnson/Richard No Yes Abs Denied ( ) W. Robers Garrett x Received ( ) Johnson ~- Referred McGraw _~ To Nickens _~ Robers ~ cc: File Phil Henry Cliff Craig John Hubbard 2 ' , •a ~ , j ~ ~~~ -•'~,;;` !~4 a W L4"E 605 ~t~ ~I~`JMY ~ 22,~ i' ~1~I~Y I ~g ~ 7~3 Z F~ ta.o~o $ (S4~ 62~ ~/~ ~r A ~j. C ~ 601 D9~' ~ , y. ~ ~ 8 ~~== A r"p0` '.1L o BsCAm po 11 4 f ~ ,. . 'f~.y„ F°A ~Yrod4,.~ g ..-:-AR~A~ORf~ .F1~q o'ua RD 3 oq T `C'OI ISII E ~ ~ ~/ ?~ ~ q (c, t ~~^ rF=eararh r'. 605 h , w ~ . .~ .syl.~Nrt~ G.1 7~~. DR iMDr~oacp~ DR e 1I((N~j5 GAR `~ tOt~yc ~J,J,[ROC1Y lHV PJ ~~ ~~r ~~~RI. ~. ~`oe~R.r OI ~qI ti Q r! ~ _ ,~ , ~ ~/~~^ a,c _~ `_ `~ 1842 j~; ~ NMiNM~ ~Mri my a SUMMEROEAN fy '~°~~ _ _ ~~~D- J ~ QF . 9 ~ ~r/t _4 / - 'NYBROOK \y~J/n (~ce'C5~~I ti~ MEADEYAOD ~ . 1 ~"•-_ VICINITY MAP Waterfall Lake, Section 2 PUBLIC FACILITIES Water and sewer facilities 3 ~- NORTH A-41288-6.c ITEM NUMBER -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 12, 1988 SUBJECT: Acceptance of water and sewer facilities serving Woodbridge Section 9 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Woodbridge Section 9, Westclub Corporation, have requested that Roanoke County accept the Deed conveying the water and sewer lines serving the subdivision along with all necessary easements. The water and sewer lines are installed, as shown on as-built plans prepared by T. P. Parker and Son entitled Section No. 9 Woodbridge, dated January 25, 1988, which are on file in the Public Facilities Department. The water and sewer line construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The values of the water and sewer construction are $25,236.00 and $40,213.00 respectively. RECOMMENDATION: The staff recommends that the Board of Supervisors accept the water and sewer facilities serving the subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: ~~ Phillip T. Henry, .E. Director of Engineering APPROVED: foz lmer C. Hodge County Administrator ------------------------------------------------------------------ ACTION VOTE Approved (x) Motion by: Bob L. Johnson/ No Yes Abs Denied ( ) Richard W. Robers Garrett _~ Received ( ) Referred To cc: File Cliff Craig Phil Henry John Hubbard Johnson ~_ McGraw _~ Nickens _~ Robers ~_ 2 .~•. - ;. of F ~',~ ~1~{. k"~,'`~v~~'y-`'~~'.ry ~ ~ {`~`cc ~' B ~ 6.39 Sale `~d}`~-Wji~ ~I. sH~.~.~~ oENln III lEl'/N .~~ ~~ti~`SALEk f". U ~`, , ~[ ~-_. 1 d. N ~ ¢(~u'~t~ca ~d lsrcv ~ ~"~ ~~_ ~7~`~lwuc '-s~L I~,~ gT ~ EN HILL yL^Y ~~IAR7R~M Sr~~ !u}Sr PO ~ ~h 4a,t _~/~~%~^,< ~\ \ o R I))~..sy - sr ~~ ~~ 0T 5 ~~ B`iti Q- ; rd' v ~li' stt4E ~ ~ ^R :•„ ~ t ^ r . ~ btu I VICINITY MAP K-y NORTH Salem --- Roa Hoke CO U11ty ._ .._.. _._. River `~ ~~ IRt 639 93.87 93.7 gp.87 8 N T 6 5 937 7.se3 ~3~.o Z - 3 ~-~ 3 2 ~ 1~ 3 4 ~ N 7 ~6 ~,5 p ~• m ~ h 5~ ~g 3 -- * - -4 \pp ~ 66 62 27 ~, 2E . ° ,s 2 a • p > rn ~ 85J3 BS 17 h • . • .~ _ , $ ~ ~. ~ • w ~ 9 a ~`° m ~m -~ a8 a ~& 15 N s8 ~ Mi11 ~ ~r~~eg u. N e I ~ .ss 814 ~ • , ~{ 56 10 N ' • nP ~ `` a ~ 3 P ~ Stone. ~ ~I I ~ •~ ' %? ~~• ~~ ~ • e 32.98 8a _~ ~ 12 - o ~ T i g ~ ,,a~,,ti'~ I N ao /~ 95 ~g 6 2 3 0 • a 9°' p2~ J~9 B 19 2 ~:5 ~ 05 ~ 24 0 2 3 • D ~~ 6~6 - ~ g e .~ ,S NU 2 ~ ~ • •~ 9 0~ 929 iy~3 Tp y t d9° `p° O~ y 39.27es ~ 3J ° g9 a 9$ 99 4° A 8 ~ 4 9Q \ o" ~O 9 /\ ~ I se 6 N 5 _ s - ~2 ° ~ ,~m~0 s p~ h g~ '~~~ \ap ~ 3J~ ~ y ~ 3 T ~~ 2 rJ 60 ~ a9~ ~~ y39.27~ °'' 3 4 ~, 3 z s ~ 24 "~° ~ 99612 ° Q~ 2 l cos ~~ ~O ~ ° : _ •~ v ~~ :22 =:23 s~6.3.69 $0 9s~3~a°'a~ ~sN~ L~5 __{;. ~p II s m ~~ p 21 ` 9s 89 .273'a ~ ~ ~, s a ~ ~,~ ° 2O ° $s ~ 26a n 28 ~`~~ 4g' pa 3 •a`' 10 w~~i ~ 5 .`~ Z. p ~`~ ~ 30 D 2~~3 9°h $° 44 ~ ~ •2 ~• s se 31 ° s ? 1 ~ 2 ~ 39.27 ti T° 32 T ss ~6,~~g 43 • ~ ,~~ m A ,5 392 33 0 •9 8• $$ 4 ~ 42 ~: y9. 4,,, s~ 34, ~ ~ io 99 ~s ~0 0 41^ ~ ~ g$ od 566~~ as4 '~~° g % ° ° ~°` g8 38 ;39 •~ ~a6~ ~ 89 ~° 9° 45 °~?~ 3 ' 9° ~° ; 37 0 ~' 9$ ~ 46 ~ '~ 7 6 ei 556 33 4 ( `r0 9 59 2 I 2 ~~ v ~_ _ >_ • ~1h( o ~~ ~~ Acceptance of Water and Sewer PUBLIC FACILITIES Woodbridge Section 9 ITEM NUMBER ~~' 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VA., ON TUESDAY, MEETING DATE: April 12, 1988 SUBJECT: Ratification of Interest Rates for $3,985,000 General Obligation School Bonds COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Board of Supervisors previously committed the County of Roanoke, Virginia, to borrowing $3,985,000 General Obligation School Bonds through the Virginia Public Service Authority for improvements at Back Creek Elementary School and Bent Mountain Elementary School. On March 23, 1988, the Virginia Public Service Authority Board of Commissioners awarded the sale of these bonds. The interest rate to the participating localities will be 6.95 percent. The Board of Supervisors needs to adopt the attached Resolution ratifying the interest rates for this bond issue so that the VPSA can close on the local school bonds on Thursday, April 21, 1988. Our bonds will bear interest from April 21, 1988, and money will be available at this time for drawdowns as it is expended. FISCAL IMPACT: The payment of these bonds has been factored into the 1988-89 fiscal year budget. RECOMMENDATION: Staff recommends that the attached Resolution be adopted ratifying the interest rates for $3,985,000 General Obligation School Bonds, Series 1988A. SUBMITTED BY: Diane D. Hyatt Director of Finance APPROVED: lmer C. Hodge2 County Administrator ~'~ Approved ( ) Denied ( ) Received ( ) Referred To Motion by: ACTION Garrett Johnson McGraw Nickens Robers VOTE No Yes Abs AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 12, 1988 RESOLUTION RATIFYING THE INTEREST RATES AND SETTING FORTH CERTAIN DETAILS OF $3,985,000 GENERAL OBLIGATION SCHOOL BONDS, SERIES 1988 A, OF THE COUNTY OF ROANOKE, VIRGINIA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, this Board adopted an ordinance ("Ordinance") February 29, 1988, authorizing the issuance and delivery of $3,985,000 General Obligation School Bonds, Series 1988 A, of the County of Roanoke, Virginia, setting forth the form and details thereof and directing the County Administrator to accept the interest rates for the Bonds established by the Virginia Public School Authority. NOW, THEREFORE, BE IT RESOLVED: 1. The interest rates on the Bonds established by the County Administrator in the attached Certificate as to Interest Rates are hereby approved and ratified. 2. Notwithstanding the provisions of paragraph 7 of the Ordinance, Crestar Bank, Richmond, Virginia shall serve as Bond Registrar and Paying Agent. Notice of redemption of any Bond prior to maturity shall be sent by the Bond Registrar by registered mail at least 30 days prior to the date fixed for redemption to the registered owner of such Bond at such owner's address as it appears on the registration books kept by the Bond Registrar at the time such notice is sent. t ~- 3. This resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Board of Supervisors duly called and held on April 12, 1988, and of the whole thereof so far as applicable to the matters referred to in such extract. -~ - z CERTIFICATE AS TO IlVTERE.ST RATES The undersigned County Administrator hereby accepts the following annual interest rates for the County of Roanoke $3,985,000 General Obligation Public Improvement School Bonds, Series 1988A, as established by the Virginia Public School Authority, in accordance with the ordinance of the Board of Supervisors of the County of Roanoke adopted February 29, 1988 Year of Maturity 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 Interest Rate Dated: March 23, 1988 Year of Maturity Interest Rate 6.95$ 1998 6.95 6.95 1999 6.95$ 6.95$ 2000 6.95 6.95 2001 6.95 6.95 2002 6.95 6.95$ 2003 6.95 6.95 2004 6.95$ 6.95$ 2005 6.95$ 6.95 2006 6.95 6.95 2007 6.95 County AdmLnis for County of Roanoke -+. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 12, 1988.. RESOLUTION 41288-6.a RATIFYING THE INTEREST RATES AND SETTING FORTH CERTAIN DETAILS OF $3,985,00-0 GENERAL OBLIGATION SCHOOL BONDS, SERIES 1988 A, OF THE COUNTY OF ROANOKE, VIRGINIA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, this Board adopted an ordinance ("Ordinance") February 29, 1988, authorizing the issuance and delivery of $3,985,000 General Obligation School Bonds, Series 1988 A, of the County of Roanoke, Virginia, setting forth the form and details thereof and directing the County Administrator to accept the interest rates for the Bonds established by the Virginia Public School Authority. NOW, THEREFORE, BE IT RESOLVED: 1. The interest rates on the Bonds established by the County Administrator in the attached Certificate as to Interest Rates are hereby approved and ratified. 2. Notwithstanding the provisions of paragraph 7 of the Ordinance, Crestar Bank, Richmond, Virginia shall serve as Bond Registrar and Paying Agent. Notice of redemption of any Bond prior to maturity shall be sent by the Bond Registrar by registered mail at least 30 days prior to the date fixed for redemption to the registered owner of such Bond at such owner's address as it appears on the registration books kept by the Bona Registrar at the time such notice is sent. 3. This resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Board of Supervisors duly called and held on April 12, 1988, and of the whole thereof so far as applicable to the matters referred to in such extract. On motion of Supervisor Johnson, seconded by Supervisor Robers, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 4/14/88 _ CC: File Diane Hyatt, Director of Finance Reta Busher, Director of Budget & Management Bayes Wilson, Superintentendent of Schools } A-41288-6.d ITEM NUMBER '- •~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: April 12, 1988 SUBJECT: Request for approval for a Raffle Permit from North Cross School COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: North Cross has requested a Raffle Permit. This application has been reviewed by the Commissioner of Revenue and he recommends that it be approved. The organization has paid the $25.00 fee RECOMMENDATION: It is recommended that the application for a Raffle Permit be approved. SUBMITTED BY: APPROVED BY: Mary H. Al en lmer Ho ge Deputy Clerk County Administrator --------------------------------------------------------------------------- ACTION VOTE Approved (X) Motion by: Bob L. Johnson/Richard No Yes Abs Denied ( ) W• Robers Brittle x Received ( ) Garrett x Referred Johnson x To McGraw x Nickens x cc: File Bingo/Raffle File /-~ -..~" . O~ ROANp~~ ~ ,F z ~ ? COUNTY OF ROANOKE, VIRGINIA J '~ 1838 COMMISSIONER OF THE REVENUE APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO Application is hereby made for a bingo game or raffle permit. This application is made subject to all County and State laws, ordinances, rules, and regulations now in force, or that may be enacted hereafter and which are hereby agreed to by the under- signed applicant and which shall be deemed a condition under which this permit is issued. All applicants should exercise extreme care to ensure the accura- cy of their responses to the following questions. Bingo games and raffles are strictly regulated by Title 18.2-340.1 et. se~C. of the criminal statutes of the Virginia Code, and by Section 4-86 et. seq. of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investiga- tion prior to granting a bingo or raffle permit. The Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with county and state law. Any person violating county or state regulations concerning these permits shall be guilty of a Class 1 misdemeanor. Any person who uses any part of the gross receipts from bingo or raffles fo;: any purpose other than the lawful religious, charitable, community, or educational purposes for which the organization is specifi- cally organized, except for reasonable operating expenses, shall be guilty of a Class 6 felony. THIS APPLICATION IS FOR: (check one) RAFFLE PERMIT ~ BINGO GAMES Name of Organization ~d y~/ ~ L.~ /2~5.~ ~hUdL Street Address ~a~~ C~o~r~7~~, ~/ ~~/'c~~ Mailing Address Y YYJ~i City, State, Zip Code /~a~y,~~f /j"~. o[~C1/~ Purpose and Type of Organization Tf~/~c1/e?~ ~.Lioa~ When was the organization founded? ~ 9~,~ 1 /-~ - 5 Roanoke County meeting place? ~,~ Has organization been in existence in Roanoke County for two con- tinuous years? YES ;/ NO Is the organization non-profit? YES I/ NO Indicate Federal Identification Number # ~~~ ~l'~-~~~~Z, Attach copy of IRS Tax Exemption letter. Officers of the Organization: President: ~~%-~~«,~ ~~~yy~,~g,~7ice-President Address: ~ox '~a6 Address: ,~b~r no~,P , t~ X510 0 Secretary: ~~~ZS~ ~u~.~ ~ ~%~P!/ Treasurer: ~j;~.d,,,, ~~ L,~%,'l%~.~ Address : ~7~~ ,~~~~ .~1;~,~r_cc,t ~ Address : J cox ~¢~~5 Member authorized to be responsible for Raffle or Bingo opera- tions: Name-~f2/ Gr12 7t ~ ,~~~ , p Gtd7~u%/, ~e~ibYj-rQS/~pK/ ~~v0~ / ` /`~ -Here Address ~~5~ l..~L6~LR/ ~-r~~'.• ~ ~1-no~r", l/('. Phone ~~~~ -,3zt~~ Bus . Phone ~~~/'-~~¢~ A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBER- SHIP MUST BE FURNISHED WITH THIS APPLICATION. Specific locat/i~~i7on wherle Raffle or Bingo yGame~/1is -t~yo be conducted. ~~ ~ ~ L p ~ Y1 / R / ~ ref? ,/ ~~ GJ 'Y~ D /~ ~P ~ (/~ v( ~'D RAFFLES: Date of Drawing ~~ uf~t~ Time of Drawing 'vv BINGO: Days of Week & Hours of AActivity: Sunday From To Monday From To Tuesday From To Wednesday From To Thursday From To Friday From To Saturday From To 2 K -~ State specifically how the proceeds from the Bingo/Raffle will be used. List in detail the use of the planned or intended use of the proceeds. Use estimated amounts if necessary. ~~~Qdf?~O~S L-tbE' ~ i2/ ~%Cl~r„[(~? ~/©~.~ ~ ~Ll/2~OS~'s C~~<lSSi2~'a ~ E-'~'tf,,(?•yy~e rr/ /'f - S BINGO: Complete the following: Legal owner(s) of the building where BINGO is to be conducted: Name: Address: County State Zip Is the building owned by a 501-C non-profit organization? Seating capacity for each location: Parking spaces for each location: ALL RAFFLE AND BINGO APPLICANTS MUST ANSWER QUESTIONS 1 - 19 1. Gross receipts from all sources related to the operation of Bingo games or Instant Bingo by calendar quarter for prior calen- dar year period. BINGO INSTANT BINGO lst Quarter 2nd Quarter 3rd Quarter 4th Quarter Total lst Quarter 2nd Quarter 3rd Quarter 4th Quarter Total 2. Does your organization understand that it is a violation of law to enter into a contract with any person or firm, associa- tion, organization, partnership, or corporation of any classifica- tion whatsoever, for the purpose of organizing, managing, or con- ducting Bingo Games or Raffles? fj'f?5 3. Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Bingo games and Raffles, and that such records are subject to audit by the Commissioner of the Revenue? ` eJ 4. Does your organization understand that the Commissioner of the Revenue or his designee has the right to go upon the premises on which any organization is conducting a Bingo game or raffle, to perform unannounced audits, and to secure for audit all re- cords. required to be maintained for Bingo games or raffles? ~~ 4 ~~ 5. Does your organization understand that a Financial Report must be filed with the Commissioner of the Revenue on or before the first day of November of each calendar year for which a per- mit has been issued? 6. Does your organization understand that if gross receipts ex- ceed fifty thousand dollars during any calendar quarter, an addi- tional Financial Report must be filed for such quarter no later than sixty days following the last day of such quarter?~~ 7. Does your organization understand that the failure to file financial reports when due shall cause automatic revocation of the permit, and no such organization shall conduct any Bingo game or raffle thereafter until such report is properly filed and a new permit is obtained? ~~ 8. Does your organization understand that each Financial Report must be accompanied by a Certificate, verified under oath by the Board of Directors, that the proceeds of any Bingo game or raffle have been used for these lawful, religious, charitable, commu- nity, or educational purposes for which the organization is spe- cifically chartered or organized, and that the operation of Bingo games or raffles have been in accordance with the provisions of Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia? ~ 9. Does your organization understand that a one percent audit fee of the gross receipts must be paid to the County of Roanoke upon submission of the annual financial report due on or before the first of November? ~ ~~ 10. Does your organization understand that this permit is valid only in the County of Roanoke and only at such locations, and for such dates, as are designated in the permit application? ~ _ 11. Does your organization understand that no person, except a bona fide member of any such organization who shall have been a member of such organization for at least ninety days prior to such participation, shall participate in the management, opera- tion, or conduct of any bingo game or raffle, and no person shall receive any remuneration for participating in management, operation, or conduct of any such game or raffle? 12. Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke, Virginia? cs 13. Does your organization understand that any organization found in violation of the County Bingo and Raffle Ordinance or X18.2- 340.10 of the Code of Virginia authorizing this permit is subject to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above referenced Codes may be guilty of a felony? ~%J~s 5 1~- 5 14. Has your organization attached a complete list of its member- ship to this application form? 6 15. Has your organization attached a copy of its bylaws to this application form?~e5 16. Has the organization been declared exempt from ,property taxa- tion under the Virginia Constitution or statutes? ~~ If yes, state whether exemption is for real, personal property, or both__aJnd }i~dentJify exemp/t property^ ~!_~ ~7~! , L-~ GL! ~[Li yll ~'~ ~''YJ d ~~f'Zl i I'J i'Yl r -Y/~ 17. State the specific type and purpose of the organization. ~' - - - 18. Is this organization incorporated in Virginia? If yes, name and address of Registered Agent: 19. Is the organization registered with the Virginia Department of Agriculture and Consumer Affairs pursuant to the Charitable Solicitations Act, Section 57-48 of the Virginia Code? d (If so, attach copy of registration.) Has the organization been granted an exemption from registration by th Virginia Department of Agriculture and Consumer Affairs? ~ (If so, attach copy of exemption.) ALL RAFFLE APPLICANTS DESCRIBE- THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES, AND PROCEED TO NOTARIZATION. Article Description ~o/lis~.uQ~Qr ~-~oor~ e~e!/u.~ /3~~ Fair Market Value .~//, ODO. o0 6 ~-5 ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE NOTARIZATION RAFFLE APPLICANTS, GO TO NOTARIZATION. 20. Does your organization understand that the bingo games shall not be conducted more frequently than two calendar days in any calendar week? 21. Does your organization understand that it is required to keep complete records of the bingo game. These records based on §18.2- 340.6 of the Code of Virginia and §4.98 of Roanoke County Code must include the following: a. A record of the date, quantity, and card value of instant bingo supplies purchased, as well as the name and address of the supplier of such instant bingo supplies, and written invoice or receipt is also required for each purchase of in- stant bingo supplies? b. A record in writing of the dates on which Bingo the number of people in attendance on each date, amount of receipts and prizes on each day? (These records must be retained for three years.) c. A record of the name and address of each individual to whom a door prize, regular or special Bingo game prize or jackpot from the playing of Bingo is awarded? d. A complete and itemized record of all receipts and disburse- ments which support, and that agree with, the quarterly and - annual reports required to be filed, and that these records must be maintained in reasonable order to permit audit? 22. Does your organization understand that instant Bingo may only be conducted at such time as regular Bingo game is in progress, and only at such locations and at such times as are specified in this application? 23. Does your organization understand that the gross receipts in the course of a reporting year from the playing of instant Bingo may not exceed 33 1/3~ of the gross receipts of an organization's Bingo operation? 24. Does your organization understand it may not sell an instant Bingo card to an individual below sixteen years of age? 25. Does your organization understand that an organization whose gross receipts from all bingo operations that exceed or are ex- pected to exceed $75,000 in any calendar year shall have been granted tax-exempt status pursuant to Section 501-C of the United States Internal Revenue Service? (Certificate must be attached.) is played, and the 7 ~ 1 "'~1~. 26. Does your organization understand that a Certificate of Occu- pancy must be obtained or be on file which authorizes this use at the proposed location? 27. Does your organization understand that awards or prize money or merchandise valued in excess of the following amounts are illegal? a. No door prize shall exceed twenty-five dollars. b. No regular Bingo or special Bingo game shall exceed One Hund- red dollars. c. No jackpot of any nature whatsoever shall exceed One Thousand Dollars, nor shall the total amount of jackpot prizes awarded in any one calendar day exceed One Thousand Dollars. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTARIZATION: THE FOLLOWING OATH MUST BE TAREN BY ALL APPLICANTS I hereby swear or affirm under the penalties of perjury as set forth in §18.2 of the Code of Virginia, that all of the above statements are true to the best of my knowledge, information, and beliefs. All questions have been answered. Signed by: ~, ~~~-~ Name "~ ~~ RET ~~ ~`'~z, x F. ~~,~ , ~~ q ~ - 1 1 4 ~~ ~"atv i, z Title Subscribed and sworn before me, My commission expires: 19~ otary Public 7 ~, :,, RNg-.T~iIS~~COMP~,ETED.r;~,P~P~:CA,~ZCN:~~O~.,~rt' ~ ~~,$ ~ ~~, , ._ .. ~ . ~ .. , . ,. ~ ,~ r - ~~s~`r ~ ,` ~ . ~` ~ ~~ COMMI~SS~,aN~RDF~H~E ;~ .~ ~ ~ Roanoke,~VA~=24~?~~'~.~~=3s~ r ~. ~F? . this day o ~ ~ /~~ ~ ~- <~ ~ , 1/,~ ~~ Home Address ~~ ~ ~ ,sue 8 ~'.5 NOT VALID UNLESS COUNTERSIGNED The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this calendar year. ~,a~_ ~~ Date Com iss' ner of he R venue The above application is not approved. Date Commissioner of the Revenue 9 °~'"=~~`'~` ~.l. S. TREf1SURY Cit:,PAR i•ME1V i r•~° ~. )~~ ,. iNTEFtNAL f~EV=NU~ SERVjCE ~, :,~~ ; ~' ,' 4~/ASHINGTON 25. D. C. ~~,~k V~~ ~y n ~- FED ~ ~ 1°6~ Itv RE-lY REFER TQ T:R:EO: j+ JS4 ~'URPOSE ~':nx~~h ~C,:~~su C~~7ntr~ D~ S~1 ~~~~~rly ~t~02 Cel.ea~a1 A ~~;~~, S. `.~. ~~@P.L110~®~ Qi1`~~Ll ti@22t1.12 Based upon the e•rldence submitted, it is held that you cre exempt from Federal Income tax os an organlza- tior. described in section 501(c)(3) of the Internal Revenue Code, cs It is shown that you are organized and operated ezclus3~,1•~ Eor the purpose shown above. i.ny yuesi:ans concerning excise, employment or othrr Fer:eral fazes ehc~.iid be Submitted to your Di std et [,hector. You are ret zequired to file Federal Income tax returns so lcnq as you retain an exempt statue, unless you are subjPCt to the E~x on unrelated business inccme Imposed by section 5! 1 of t}-,e Code and are requited to fl!~• Fctrn 99C-T for t'r.e purpose of reporting unrelatec business taxable in~me. Any changes In your orgsr- ization's character, purposes or method of eperatier. should be reported immediately to your District Director for aons:derat:on of their effect upon •.cur exempt status. You should also report any change in your name or ad-tess. Your licbility fcr f'linq the canoe; infor^iaUcn return, Form 99J~, is set fort`: cbove. That return, tf requited, must be Siied after the c:os~ of your annual ncccuntiny period indicated above. Co-:tributions made to you are deductible by dano:s as provided in secticn 1?C of the Ccr1e.~ $equests, legacies, d~°vises, transfers or gifts to or for yois use are deductibie fcr Federal estate and gift tcx purer poses under the provisions of sections 2055, 21C6 and 2$22 of the Code. Yoc are act licble for the taxes imposed under the Federal Insurance Contributions Act (social sec~irity lazrs~ unless you rile a .vaiver of exemption certificate as provided in such act. You are not liable far the haz fmposed under t,,e r'ederal Unemployment Tcx Aci. Inquiries abo.ct the waiver of exemption certificate for ~ocfal security tcxes should be addressed to your Cistrict Director. Your District Director !s be in; advised cE this action. Very trviy yours, ~ ~ _/ _ __ S/~ i - ~. f ~•~t.sy • 11-~''.t~~~ Ct>ief, j_zenot Orqunlzations Branch B~`tna'a~tir:ta~l ADDRESS INCU~P,iES +~ FILE RETUr?NS WITH DISTRICT DIRECTOR OF INTERNAL REVENUE FORM 99Q-A ACCOUNTING PERIOD . REQUIRED ~ENDIkG f~ F4RtA f 477 !?"2EY. 8-2;1 s I3Y~AWS ~ ~' NaRTI-I CI?~SS SCII.GU:L ~~ ~.° ~ ;~; A s Amended Ti:rough Augus ~ 1. , 19 73 BY-T_,AtJS Ole NaxTx cl`oss sc~lool, ALticle I Name, 5ea.1 ui~.d Office 1. Name, The name of this corporation i.~ Nord: Cross School. . 1. Seal, The seal of this corporation s<<a11. be circular in desi_an a.nd shall beat• on its outer edge the ~;ords "I~lorth Cross School" and "Virgi.nia" and in the center the word: "Seal" and "1961." The board of trustees h:ay cl~atlge tl~.e forLn of the seal. or_ the inscription thereo;: u.ir its pleastzrc. 3. Office. The be i_n ~l-ie City of ~ also have offices ,. trusfi:ees may from the corporation s pri_nc.a_pal office of the corporation _s11a11 Roanoke, Vi_~:gi.n~~~ . The c°or_por_ ation z~~ay at such other. pla~.es as tla.e board o:f ti_n~e to time appoi_rt or i-he purposes of tall require. article IT Trustees 1. Board ~rf Trustees, The board of directors of North Cross Scl~oo)_ shall be the trustees of the funds of the carporati_on and shall be referred to hereafter ~~s the board of trustees. The e~xcl_tzsi_ve control. and management of the business and property of the corporation sha? 1 be vestal in the board of_ trustees. The board of trustees shall serve a term of one year or until the election and qualifi- cation of their respective successors, except as hereinaft.~~r other.i~~i_se provided for filling vacancies. 2. Ntznber. ThE~ board of trustees shal_1 be noi. less than 10 ror. more than l5 in nurnl~cr; provided, hoc,~ever, that adcii.- tionally the President.: of tl~e l'areiits 1~ssociation and t:he Headmaster shall serve as members ex officio during their respective terms of office, but the I~eadmaster shall have the right to be heard but shall have no vote. 3. Resignation, Any trustee may resign at any time by giving written notice of such r.es3_gnation to the board of trustees. 4. Vacancies. Any vacancy in the board of trustees occurrin€; CiUr'"~_r7.g the y~~aa°; i:~cl~~d~;_n~; <z v~~~car~~cy cro~~t~:~a by an i_ncr_ease in the number of Lrus~ec:s, may be filled fog: the unexpired portic3n of the term by the trustees then serving, although less than a quorum, by affirmative vote of the majority thereof. 5. Annual. Ttc.etins , of Pdorth Cross Sci~oa ~. of the corporation irr in ,tune of= each yc~~-~r_ . " for_ the ensuing 3~Qar. ~L'he ar~r-rual meeting; of the trustees sh~~i.l l:?c~. hey".d ~~t t~I,.e pri_nc:i.pal office R{~anot;C, Virginia, on the last P~Zonclay ;t~.t- t~arh a~~n.,.~~~?_ r~ne.~-ng tha true toes _ ~ r r 't _ i. i ',~. ~'t{}c'~"_~ ~i2i~ o!_J_1C1~'rs 6. i_ieetinns , The board of: t~ru ,teas shall hold. its r~~eetin"s, e7_thel: ~.L-Utilc3r c;r 5~:^'~ ~"dl, r: t: Sl:C:i1 tiiLlG ~i2:1 place a5 it Tr~9V J _ desi.gn~ate, or in tht aL:~errc,e o".- dc' i~;nat.i..on by the board of trustees, at such time acrd ~;~iacc: as tine parson calling the meeting shall designate. A meeting tray be called at any tame by the president or by any trustee. Reasonable notice of th.e time acid place of each meeting shall be giveno 7. orual, At all meetings of the board of trustees a majority of the trustees sha11 be necessary and suffica.ent to constitute a quorum for the transaction of business acrd the act of a majority of the trustees present at any meet-- ing at which there is a quorum shall be the act of the board of trustees, except as may be other~,Ti,se specifically grovicled by statute or by these by-1at~~s. If at any meeting there is less than. a quorur7i presont, a majcrity of those present may adjourn the meeting from bale to time without further notice to any absent trustee. 3 8. Cornpensati.on. Trustees shall not receive any stated salary for their serv7_ces as such, but by resolution of the board, a fixed sum or expenses of atter::dance, if any, or bath, may be allowed for attendance at each regular or spacial. meeting of the board. 9. Powers. AlI the corporate. powers, ex~:ept as such are otherwise provided for in tlxcse by-Iaw~s and ~_n the laws of the Commonwealt:h of Virginia, shall be and are hereby vested in grid s1~~11 bn e<:i.~r_c~ised by ~:l-te bo~~rd of trustees. The board of trl~ste~~s r:ay by ger,c:ra1 re.uo:~ution delegate to committees of` their_ own number, or to officers of the corporation, such po~~.ers as tl',.ey max see fit. 10, Duties. The board ~of trustees shall p}°escn.t at the anrluai meeting, and file with t:he milzut:es .hereof, a .report, vera_fied }:~~~ a rr;a j or ity c r tiro. Lr~~.s t: ~.es , she>~ai_n~ (a) the ~~'i10~_F aIi:01:.'ill- C7% .:C';.:i c3.lid ~7E:a"SU1>ul 3:~."t~pt'-rty Ow11E'CS by the coreoration, •v~l~cxe loc~:itcd, ~~rrc ti^lif~,r"- and tlo~a • ~_, - ~n~C~tr''_Ct 9 ~t~~ i_i}t- l'i v .~1=~ _~ , is _ C tila ~>~ GpE;_."t:y aC- f - ~r t1,~ date of ~ Cjt117:Gd d'ar11~r i-1..- y l:c.l. 1....i...r::.._c...~- i. ~ ~;A d.+..,L=Cl ~~i~.~ xC. the report ~.r~d thn 1,'i~',ilri~°' ;~ ~`-~l~ , c:z-i'.t~...~'_<:~U::; ic'), t11~' amotlrlt app.llf'_C1, a~iprvpl_'i'~t:E';_~ ~~L t_'.:~~c^.r:Cir.~-d dCli'iT'i~ the }?E`ar immediately preceding sty^h date a~~}d the p11~:1,oses, objects, or perSOi"?Sv tU Or f~Or S-i~.i%'11 .:UCi-i ~.~1,~ iC.'ci~:_C-~.S, api7YO}.:r1.a- tion~, or e~~penditur~.s .:~_ ~. Jc'_G_1 ..~:d~.., ~?~~. ~d) the nurnc and places of residence of tI-le persons who have been admitted to trusteeship during the year. 11, F~eg,.~7_at:ion of 1~cLivi_t~es, The board of trustees may provide and pre.scribc rules cr admission, z°ules of r_onduct and rates of payment for all stud~r}ts and pupils of the scr,.oal; may provide for the appointment, forms of emgleyM dent, and-compensation of all members of the faculty and staff of the school; and shall adopt such. rule;., grid regula- tions as are or may be necessary to its co:lduct as an accepted arld accredited i_nstituta_on of learning, and to the management of the aff_a.irs of the school under the super-~ vision and direc~:ion of its president and other officers. 12. Dissolution. The assets of this corporation in tyre process of dissolution shall be applied and distributed as follows: (a) All liabilities and obli~tions of the corporation shall be paid, satisfied and d~.;~charged or adequate provisions shall. be made therefor; (b) Assets held by the corporation upon condition req:~iring return, transfer or conveyance ~4hich condition occ5.xrs by reason of the dissolution shall be rei:ur.ned, tran,~f-erred or con- veyed in accordance w~_t~h sucl-~ a~ecjtrireiirc.nts; (c) Assets received arrcl held ':~y U~rc c.cr_}~ort:t ~_oi, srirti,:j c .~ i~ to ~_l_Itiita~."1_Ur1s per_ma.tting i:heir_ lase only far ck~ar:~.Lable t..td educational purposes, but not. held open a condition re.ti,uir_~arg raturr~, transf_-'er or conveyano•e by mason of the disoluti.on sklall_ be transferred or conveyed to one or_ more Eomestiu or foreign corporations, societies or or~aniz~bt:ior.~s engagec] in activities substant:i.~~l.ly si~~ilar ~i:o tho,~~d of the dis- solvir_g corpcratl_c.=:~, kg`s?:°;;tl,{nt ro a i.,~_~`'n o~i: :.~istribtition adopted ire accordance ~-,:~r":h 'i~: zc: iJ. J_, ~ec'~.a_on 2aCi of .the Cade of Virginia of lJal',, as a~irr~rzded. ,~ib t:LC,~.E: ~.~~ 1. iIt?.irti:. r, The bcuz:d of trustees sk~iall elect front its n-ernbership a chairman of the board ~~nd sh~nll elect a president, secretary, assistant secretary, treasurer, assistrt treasurer, and such other of£_icezs with such powers and duties net: ~.nconsisL-ent with thy: se by-laws as tnay be appointed and deternii_ned by the board of trustees. Any two offices e,:cept those of president and secretary may be held by the same person. 2. Ele_c_ti.on, Term of_ office and Qualifications. All officers shall be e7_ected~arrnuall.y by the Board of Lrusteos at the annual rueeti_ng of the board of_ trustees on the last Monday iri June of each year. The president shall be elected from and be a mem'c~er of the board of trustees. 5 3. Vacancies. In case any office of the corporation becomes vacant by deat:l~, ~-es:i.~;nation, retirement, dis- qualification, or any other cause, t:he majority of the trustees then in office, although less than a quorum, may elect an officer to fill such ~~acancy, and the officer so elected sha11 hold o:": ~.ce and se7°ve until the election and qual~_f icati_on of leis succe,sor. 4. Chairman of the };o~r_d. The chairman o~.~~ the board shall, when present, ppreside at a1.1 meeting:; of the board of trustees and shall perform sucl~ ot`.=~~er duties as may be prescribed by _the board of truste~:zs rocs time to time. 5. President. The presiders+;_~ shall be tho' chief executive officer of the corporation and i.n general shall perforrl all duties incident t:o the of~=ice of president anal such other duties as may be p.~-escr3_bed by tl~ie board of trustees from time to time. In tree absence of the chair, an of thc~ board, he sh<~11 preside at meetings of the bnar:.j of t:ru~tces . 6. Secretary. 'The secretary shall have clxarge of such books, documents, and papers as the bo:~.rd of trustees may determine and shall have the custody of the corporate seal. He sha1.1 attend and keep the min- utes of all the meetings of the board of trustees of the corporation. He shall keep a record, containing the names, alphabetically arranged, of all persons who are trustees of the corporation, showing their places of residence, and such book shall be open for inspec- tion. He may sign with the chairman of the board or the president, in the mime and on behalf of the corpo•• ration, any contracts or a~;ree<<cnts authorised by the board of trustees, and sha11 do and perform such other duties as may be assigned to him by the board of trustees. 6 7. Assistant Secr.etar~. The assistant secretary sha11 have the same author_i_ty and poG~ers as the secretary except as limited b}' the board of trustE~es. 8. Treasurer. The treasurer shall, to tl-z.e extent pro vided by the board of trustees, have charge, and custody, of the funds, securita.es of wliatso~ver nature, and other like property of the cor_porat~.on; the board of trustees shall designate the off_ccr or officers, or other persons, who shall give, negotiate-. or ei.dorsc~ r.lieck~==, notes and balls as may be required for tho business c!f the corpora-- tiori. The treasurer shall have aut?~rrity t.c~ coller_t fun~?s of the corporation azid sh~.~la. deposit same _~.n such bank or banks as the board of trustees fx:orn time tc; time designate, and the same sha11 not be rai thdra:ti~n therea~~ t::er except by checks executed in accordance ~aitl:z autl~or~_t~~~r or thL boar' o~ trustees. _. ~~ R. _Assistant Treaw,.~r.er. Thr--. assistant tr_€~asjzi er shall have the snn}e au.thorit:y and poeers as the t ensurer except as limited by the board of i.rust~es. ]_t~. Sa~_aries. The salaries of all officers shall be fixed by the board of trustees, aid membership oii tl-ie board of trustees shall preclude any officer fr_ozr, receiv- i~-~g a salary. 11. _Kernoval. Any officer may be removed from office by the affilil°mative vote of t~,ao thirds of all ti7e tr~:.stees at any regular or special meeting called for that purpose, f_or nonfeasance, malfeasance, or misfeasance, for conduct detrirlental to the in~erests of the corporation, for lack of sympathy <<~ith its objects, or for refusal to render reasonable assistance in carrying out its purposes. Airy officer proposed to be remoTV+ed shall be entitled to at least five days' notice in writing by mail of the meeting of the board of trustees at ~~hich such removal. i_s to be voted open, anal shall be enitled to ap~~e~<r before ar~d bc~ heard by the beard of trustees at such meeting. ~.2. Executive Committee, The board of trustees shall appo:i.nt an executive co-~unitteo consisting of five members, including the chairman of ttie board and the president:. The chairman of the board shall., ~~liien present, preside at all meetings of the executive committee and, in his absence, the president s-hall preside at such meetings. Between meetings of the board of trustees, the executive committee sha11 have anr3 exercise the fuJ_1 power of the said board in the management of the business and affairs of the corporation, a.ncl.uding the power. to authorize the due execution of legal docu_Y~~~?its; provided, however, t}~at it shall not act adversc.7_y upan any matt:or upan which the board has acted, it shall not have authorit;>1 to alter or amenc; the by-lac~Ts, and ~t shall not fill vacancies in a_ts o~a~i membership. The executive commi.ttei s1~;11 meet at stated times or on notice to all by any of ~:.IZeir o~w°n number. It shall .fix its acrn talcs of pracc~;~ure. A majority shall canstitizto a c~uo.r_um but the ~~:~~firmati.ve vote of a ma j or. it:y of the ~viZOle coir.nittee s;.all be news- ( sary in ovary case. The execi_it7~r~E~ con`L'nittec.~ shall keep ` regular minutes of its proc~edira.gs and report t:he same to the board of trustees. Article IV Agents and Representatives 'The board of trustees may appoint such agents and. representatives of the corporation with st.gch po~,aers a.nci to perform such acts or duties on behalf of the corporation as the board of trustees may see fit, so far as may be corisi.st- ent ~•~ith these by-laws, to the extent authorized by law. Article V Contracts r.~hc~ baard of trustees, except as in these by-laws othereaise provided, n.a;~ authori_zn any of:fi.cer ~~7- agent to enter z.r~to any ccntrac~t or e~.ec~~te and d:livcr arty inst:~-unlezlt .~ in the name of and on behalf of_ the corpor~.tion, and such authority may be general or. confined to a >>pecific instances anal unless so authorized by the board of trustees, no offi~ cer, agent, or employee shalt !lave any poi:~~:r or authority to bind the corporatiol~ by any contract o~: engagement, or to pledge its credit, or. render it liable i~ecun:iarily for any purpose or to any amount. AL't~ btu ~..(: VT Voting upon Stoclc of Otlit:r Corpo~:~ttions Unless other~~jise ordered by the ~o~~rd of t.rustec~s, the chairman of tt~e board or the. president shall have full power and a.uthora_ty o1z behalf of the corn~r:~ation to vote eit:hcr ire l,ersoi or by £)ro~~y a.t Orly rne~til}; of stacl~:holders of any cot-paratian ~_~~ ~;1~~i_cl--~ :~l~.i.s cu~pora~-:,~~n may hold _ si_ocl:, and at any such IncLtinr .A~a_~ s;ossess «I~.d c~,,<~rcise all of the .. rz~;l~t ,. _ , _. .. ., _ .:. .. ~ _ r .~-~ ar:.~l ~..+t7r?t.-: 1.4 L:,{_ .~;.:.,_ ._O t.i~. ~ ,. ;i 'L,, a:t ~:LIL"', sf.OC "- Wi1:~C:j1, aS L. i7. £_' v"~~J1C'i L.iiy::.~).i_. 6.Li_~ ~~::)iki:~ul~i_on II11€;i1L h~.VC' pOiSG'.sSGd aid ex rC:1SE'` l l.~i:~'.~:ll~, 1.~i i:C~axd OI: t").LISteC'S may confer. li'~e pacti~ers t,t~on a~~y a~.~Ier per~ralt and rr,ay revoke any suet? potaea-s as gro.i~~:ed n~ ,f'.s p~.f.ea ;;r?-c~., Article VIT Fiscal Year The fiscal year of the carporati.on shall commence on the first day of July, 2960, and end oar the thirtieth day of June in each year. Article VIII Pdo member, trustee, officer cr employee of or. member of. a col~unittee of oi° person connected faith the corporation, or any other private ~.ndivicuaJ_ shall rece~_ve ~t any time any of the n~:t earnings yr pectini_aT-y l~rvfit f ` from the operations of the corporation, provided, that this shall not prevent.: the payment to any such person of such reasonable cor:?pensation fox serv3_ces rendered to or for the corpora ion iri effecting any of its pur- poses as sha11 be fixed by the bc~arc~ of trustees; and no such person or persons shall l;e enti_tled to share in the d:i.stribution of any of the corporate assets upon the dissolution of_ the corpor~~ti on. Lrpon such di:;soluti_on or winding up of the affairs of tYie corporation, whether voluntz~~:y or :i_nvol.unt~~r~y, t~_i-~t'.. ~~sscts of ~_l~re caz~~c?ra.t~_on then remaining %_n thG'_ l~and.:~ of t.hU hoard of trustees shall. be distributed, transferred, convEyyed, del ivea:~ed, and paid over to such educational i.nst.i_tutions holding an exemption certificate pursuant to. Section 5U1 (a) of tl~e Internal Revenue Code of. the U. S, of 1954, r.zpon such terms and conditions alzd ii°i such. ar~:ount_s grid proporfi~_ons as t:.l-~e board of trustees m~,iy ir~,A~osr_~ ^x~d ciF:t:e7°mir~c, and as stated in Ar~:icle II, Paragraph 12 0{= t-rc~sP hy-?_ac~~s., to be used by such e~3~~~:~~t~..on~~% .'~ .'~~-~'-~~-~,~ .~~~,r...vl_ ~ the sar~a~v fo~• -< .- "' ;1 - ~ certifir.atc~ of ir?co~°~;o_.~i:-~_an ~ {~ tl~~:: co~por«.tion and any and all amendments thc,r.e:to. .. ~~rtic~e I.X. Those by--laws may be altered, amended or repealed and new by-lot-as may be adopted by affirmative vote of a majority of the board of trustees at any meet- ing of L-he board of trusteesn £~ESOLVED, ttlat Article IT of the Bylaws is hereby amended by the insertion after Paragraph 1Z thereof of the following new Paragraph 13: 13. IndemniC7_cation, each trustee and officer shall be inclemn~~f:i.c.d~by +the corporation against 1ia- bi1_:i.ties, fines, pc~.na~.i:ies, and cJ..a7.ms i_mpoc~d upon Or asSG'rtCd ~ G~i_i'li~, hl:`~ ~:L~1:~luU 1.'il~y ~Slii0ilntc T')cl~_d 1.11 settlement) by mason of havi.rlg been st.~ch a trustee ar officer, whether or not then ccnta_nuing so to be, and against all e<~penses ~1_nG1.l1dJ_17€ co~insel fees) reasonably incurred by him in cor~ncction triE.rewitl~, except in relation to matter. s as f'o tal~ich he shall have bc'•C?11 finally ad jucl ~'Cl f~a CJ<_'• ~ 1~3~J~.C' by "I_'C-~~ SOn Of haViilg b•.':`'.(':n ~;'.~:1_~.:V 01~ ~i"C)~";;~ "_"iC'-~~.:~~.~1~.:~c'. 07_ t^~1_~~.:i "lll raiscal~dtlnt ~_;, tl,c, ~c:~l:forr;^ncn of l:~s duty as such trus[:e>e c,- <r. ;:., t-.; .~.>. ~;~ ~~; _~ o~. <~ny ot-;<<~r ~uu~;-- in'~'i11_: ~+.~ ;' '-' ' _. > .: :...:= ;:: :; ~ _ ._ - c~;_ l.ll ~;;Za E.vent of a sot:t.ler:-:e:r:,.~ , t.he. ~_ncl~~-i;_'z_v`:~t..i.~n2 shall 1~e made only if the corpo~°at.;i cn ~:h4?1.1. LLB advised, :s_iz casE~ none ,oL the persan~ involved sl~~~ll t.;zer. be a trustee of the corporation s bar f~}~e 'r)~7c rd of trlistc~es, ar in case any a tl:e lr4rsa11s :invt~lvt~~~ s~ia~_1. them he a trustee of the corporation, by :ind~~t~endent counsel to be appointed by the board of trustees, that in its or his opinion such trustee or offa_cer Baas not g~:ilty of gross 1Logligor.oe a-r ~•aillful misconduct in file perforln«ncc of l,is duty, bnd, i.n the event ai a settlemelli;, that such settlement ~f~as, or if still to be made, would be , in the best irlter_estus of the corporation. If the detorminat3_on is to be made b_y the board of trustees, it may rely, as to all ~ucs-• bons of law, on the advice of independent ccul~lse~... Every reference herein to trustee or officer shall :include every trustee or officer or former trustee or officer of the corparation and every parson ~ATho may have rey:ved at it:s ,-ee~uest as a trustc;c~ or_ offi- cer of another corporation in tallicl. the corpara~.;3_on a~•rns shar_os o{ capi_t~a]_ steel; aa- of which ~ii: is a creditor arcl, in a17. ai such cases, his e~;ccutors and administrators, I~ -- COUNTY OF ROANOKE, VIRGINIA CAPITAL FUND - UNAPPROPRIATED BALANCE Beginning Balance at July 1, 1987 $ -0- July 14, 1987 Sale of Courthouse Revenues Reclassified from General Fund to Capital Fund 25,000 August 25, 1987 Sale of Mountain View Technological Park Tract 107,207 October 13, 1987 Net Proceeds from VDOT for Easement in Front of Vinton Library 6,180 March 8, 1988 Renovations to Public Safety Building (130,000) Balance as of March 22, 1988 8 387 Submitted by ~~,~~. ~~ Diane D. Hyatt Director of Finance COUNTY OF ROANOKE, VIRGINIA UNAPPROPRIATED BALANCE - GII~AL FUND Unaudited Amount at July 1, 1987 June 23, 1987 Additional Revenues from Septic Tank Fees July 14, 1987 Reappropriate Revenues from Sale of Courthouse (Memo: An Additional $150,000 for Sale of Land is budgeted as General Fund Revenues, but will not be Realized by General Fund) July 28, 1987 Revise Budget for Victirt~/Witness Grant August 1 1, 1987 Storm Sewer Construction - Ogden Road *August 2 5, 1987 Sale of Mountain View Technological Park Tract Reclassified to Capital Fund October 27, 1987 Completion of Starkey Park December 1, 1987 Valleypointe December 15, 1987 Excess Revenues over Expenditures as Presented in the Audit Report for the Year Ended June 30, 1987 January 12, 1988 Acquisition of Ida Mae Holland Estate Balance as of March 22, 1988 '-' $1,010,687 29,000 (25,000) (42,793)* (1,000) (10,200) (107,207) (67,010) (198,937) 1,052,806 (260,000) $1.380,346 The recommended level for fund balance for 1987-88 is $1,597,756, which is 3 percent of the total General Fund budget. Submitted by ~~ ~. ~~ Diane D. Hyatt Director of Finance ~'j -.~ COUNPY OF ROANOKE, VIRGINIA RESERVE FOR BOARD CONTINGENCY Original Budget at July 1, 1987 $13,942 August 18, 1 987 Regional Airport Expenses (Approved Administratively) (3,772) October 13, 1987 Valleypointe Project - Binder for Land Purchase (1,000) November 17, 1987 Land Acquisition Monies No Longer Needed to be Appropriated 49,390 November 17, 1987 Purchase of 2 Vehicles (19,233) December 9, 1987 Purchase of Microwave (Approved Administratively) (244) February 9, 1988 Restoration of Courthouse Portraits (8,350) Balance as of March 22, 1988 30 733 Submitted by Diane D. Hyatt Director of Finance ITEM NUMBER / ' q - T AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD A'r THE ROANOKE COUNTY ADMINISTRA'T'ION CENTER IN ROANOKE, VA., ON TUESDAY, MEETING DATE: April 12, 1988 SUBJECT: Accounts Paid - March 1988 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors: $2,579,444.56 Payroll: 03/04/88 $363,131.01 03/18/88 372,309.95 735,440.96 $3.314.885.52 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. SUBMIT'T'ED BY : YJ ~ Qn2R , ~ . ~s1l~~ Diane D. Hy tt Director of Finance APPROVED: lmer Ho ge County Administrator ------------------------------------------------------------------ ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Garrett Received ( ) Johnson Referred McGraw To Nickens Robers ACTION # ITEM NUMBER_~CG2~Z°~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 12, 198$ AGENDA ITEM: Public Hearing for Citizen Comment on the Real Estate Tax Rate COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND SUMMARY OF INFORMATION As directed by the Board of Supervisors at the March 15, 1988 Budget Work Session, staff advertised the proposed Real Estate Tax Rate for the calendar year 1988 as follows: Real Estate Taxes at a rate of not more than $1.15 per one hundred dollars assessed valuation. ALTERNATIVES AND IMPACTS The Real Estate Tax is assessed on a calendar year basis and collected semiannually. The following alternatives are available to the Board of Supervisors. 1. The Real Estate Tax Rate could be adopted at the existing rate of $1.15 per one hundred dollars of assessed value. 2. The Real Estate Tax Rate could be increased. An increase in this tax rate would benefit both fiscal year 1987-88 and 1988-89. Each $.O1 increase would generate approximately $218,000 in additional revenues in calendar year 1988 or $224,000 in fiscal year 1988-89 based upon a growth in assessments of 4 percent. An increase in the tax rate will require a new advertisement and a new public hearing for citizen input on the proposed change. 3. The Real Estate Tax Rate could be decreased. A decrease would adversely affect both fiscal year 1987-88 and 1988-89. Each $.O1 decrease would result in the loss of approximately $218,000 in revenues for calendar year 1988 or $224,000 in fiscal year 1988-t39. STAFF RECOMMENDATION ~~~~ f Since the fiscal year 1988-89 budget has been presented to the Board anticipating the continuation of the current Real Estate Tax Rate, staff recommends that the Real Estate Tax Rate be established at the rate of $1.15 per one hundred dollars assessed valuation. SUBMITTED BY: Reta R. Busher Director of Management and Budget APPROVED BY: mer Hodge County Administrator --------------------------------------------------------------------------- ACTION VOTE Approved ( > Motion by: No Yes Abs Denied ( ) Garrett Received ( ) Johnson Referred McGraw To Nickens Robers AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 12, 1988 RESOLUTION SETTING THE TAX RATE ON REAL ESTATE SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1988 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the levy for the twelve-month period begin- ning January 1, 1988, and ending December 31, 1988, be, and here- by is, set for a tax rate of per one hundred dollars of assessed valuation on all classes of taxable real estate and mobile homes as classified by Sections 58.1-3200, 58.2-3201, and 58.1-3506 B. of the 1950 Code of Virginia, as amended, situate in Roanoke County. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 12, 1988 RESOLUTION 41288-7 SETTING THE TAX RATE ON REAL ESTATE SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1988 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the levy for the twelve-month period begin- ning January 1, 1988, and ending December 31, 1988, be, and here- by is, set for a tax rate of $1.15 per one hundred dollars of assessed valuation on all classes of taxable real estate and mobile homes as classified by Sections 58.1-3200, 58.2-3201, and 58.1-3506 B. of the 1950 Code of Virginia, as amended, situate in Roanoke County. On motion of Supervisor Robers, seconded by Supervisor Garrett, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 4/14/88 CC: Paul M. Mahoney, County Attorney Diane Hyatt, Director of Finance Reta Busher, Director of Management & Budget John Willey, Director of Real Estate Assessments Alfred C. Anderson, County Treasurer A P P E A R-A N r E R E Q U E 3 T ~~ ~ ~- PUBLIC HEARING ON ~~""_ ~~ ~ `- ~ I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. TIaDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y NAME :d~ ,_ ~ ~-~- __ i-" "~s~t~ ~ ~-t~.<_-t%z~ i~~wv~.-- .1.r-t- ADDRESS : 4 ~- ~ ;~ \~~..~~ ~!,-„1- ~ r'' `;~~-2 ~~ -y,, ,~ ~ --~ ' --- PHONE: ~~k~% = ~~ ~ .~ ~l PLEASE NOTE: (After filling gut, give to the Deputy Clerk. Thank you.) A P P E A R•A N .C E R E Q U E S T - - - - - - - - - - - - - - - - - PUJ3LIC HEARING ON / ~y ~/ I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y - - - - - - - - - - - - - - - - - - NAME : ~aX~~ ~~~. ~ ~fC~i'~,,>~ ADDRESS : ~'~~"~ ~ X77 u..a.~./h .~ ilf ~/7 PHONE: PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.; ACTION # ITEM NUMBER ~U lJ --~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 12, 1988 AGENDA ITEM: Public Hearing for Citizen Comment on the Personal Property Tax Rate COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND SUMMARY OF INFORMATION As directed by the Board of Supervisors at the March 15, 1988 Budget Work Session, staff advertised the proposed Personal property Tax Rate as follows: Personal Property Taxes at a rate of not more than $3.50 per one hundred dollars assessed valuation. ALTERNATIVES AND IMPACTS The Personal Property Tax is assessed on a calendar year basis and is collected annually on May 31. The following alternatives are available to the Board of Supervisors. 1. The Personal Property Tax Rate could be adopted at the existing tax rate of $3.5U per one hundred dollars assessed value. 2. The Personal property Tax Rate could be increased. An increase in this tax rate would benefit fiscal year 1987-88 in that each $.O1 increase would generate approximately $22,000 in additional revenues. A proposed increase in the tax rate will require a new advertisement and a new public hearing for citizen input. 3. The Personal Property Tax Rate could be decreased. A decrease would adversely affect fiscal year 1987-88. Each $.Ol decrease would result in the loss of approximately $22,000 in revenues. ,_ STAFF RECOMMENDATION ~~G/ Since the current budget is predicated on the current Personal Property Tax Rate, staff recommends that the Personal property Tax Rate again be established at the rate of $3.50 per one hundred dollars assessed valuation for the tax year 1988. SUBMITTED BY: Reta R. Busher Director of Management and Budget APPROVED BY: lmer Hodge County Administrator --------------------------------------------------------------------------- ACTION VOTE Approved ( > Motion by: No Yes Abs Denied ( ) Garrett Received ( > Johnson Referred McGraw To Nickens Robers ACTION # ITEM NUMBERTSS-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 12, 1988 AGENDA ITEM: Public Hearing for Citizen Comment on the Machinery and Tools Tax Rate COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND SUMMARY OF INFORMATION As directed by the Board of Supervisors at the March 15, 1988 Budget Work Session, staff advertised the proposed Machinery and Tools Tax Rate for the calendar year 1988 as follows: Machinery and Tools Tax at a rate of not more than $3.00 per one hundred dollars assessed valuation. ALTERNATIVES AND IMPACTS The Machinery and Tools Tax is assessed on a calendar year basis and is collected on May 31. The following alternatives are available to the Board of Supervisors. 1. The Machinery and Tools Tax could be adopted at the existing tax rate of $3.00 per one hundred dollars of assessed value. 2. The Machinery and Tools Tax could be increased. An increase in this tax rate would benefit fiscal year 1987-88. Each $.Ol increase would generate approximately $3,000 in additional revenues. An increase in a tax rate will require a new advertisement and a new public hearing for citizen input on the proposed change. 3. The Machinery and Tools Tax could be decreased. A decrease would adversely affect fiscal year 1987-88. Each $.O1 decrease would result in the loss of approximately $3,000 in revenues. STAFF RECOMMENDATION ~U Since the current budget is predicated on the current Machinery and Tools Tax Rate, staff recommends that the Machinery and Tools Tax Rate again be established at the rate of $3.00 per one hundred dollars assessed valuation for the tax year 198$. SUBMITTED BY: Reta R. Busher Director of Management and Budget APPROVED BY: Elmer C. Ho ge County Administrator --------------------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Garrett Received ( ) Johnson Referred McGraw To Nickens Robers ~~~..., , AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 12, 1988 RESOLUTION SETTING THE TAX LEVY ON ALL CLASSES OF PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1988 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the levy for the twelve-month period beginning January 1, 19$8, and ending December 31, 1988, be, and hereby is, set for a tax rate of per one hundred dollars of assessed valuation on all taxable, tangible personal property, excluding all those classes of household goods and personal effects as are defined in Sections 58.1-3504 and 58.1-3505 of the Code of Virginia, as amended, but including the property separate- ly classified by Sections 58.1-3500, 58.1-3501, 58.1-3502, 58.1- 3503, and 58.1-3506 in the 1950 Code of Virginia, as amended, located in this County on January 1, 1988, and tangible personal property including the property separately classified by Sections 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3503, and 58.1-3506 in the 1950 Code of Virginia, as amended, of public service corporations based upon the assessed value thereof fixed by the State Corpora- tion Commission and duly certified. 2. That there be, and there hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in Sections 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. 3. That the levy for the twelve-month period beginning January 1, 1988, and ending December 31, 1988, be, and hereby is, set for a tax rate of per one hundred dollars of assessed valuation on all taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by Sections 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. ~, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 12, 1988 RESOLUTION 41288-8 SETTING THE TAX LEVY ON ALL CLASSES OF PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1988 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the levy for the twelve-month period beginning January 1, 1988, and ending December 31, 1988, be, and hereby is, set for a tax rate of $3.50 per one hundred dollars of assessed valuation on all taxable, tangible personal property, excluding all those classes of household goods and personal effects as are defined in Sections 58.1-3504 and 58.1-3505 of the Code of Virginia, as amended, but including the property separately classified by Sections 58.1-3500, 58.1-3501, 58.1-3502, 58.1- 3503, and 58.1-3506 in the 1950 Code of Virginia, as amended, located in this County on January 1, 1988, and tangible personal property including the property separately classified by Sections 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3503, and 58.1-3506 in the 1950 Code of Virginia, as amended, of public service corporations based upon the assessed value thereof fixed by the State Corpora- tion Commission and duly certified. 2. That there be, and there hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in Sections 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. r. ~ ~ - 3. That the levy for the twelve-month period beginning January 1, 1988, and ending December 31, 1988, be, and hereby is, set for a tax rate of $3.00 per one hundred dollars of assessed valuation on all taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by Sections 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. On motion of Supervisor McGraw, seconded by Supervisor Johnson, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 4/14/88 CC: Paul M. Mahoney, County Attorney Diane Hyatt, Director of Finance Reta Busher, Director of Budget and Management R. Wayne Compton, Commissioner of Revenue Alfred C. Anderson, County Treasurer ACTION # ITEM NUMBER -• AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: April 12, 1988 Public hearing on the proposed ordinance imposing a tax on prepared food and beverages COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The 1988 Session of the Virginia General Assembly enacted Section 58.1-3833 which authorized certain counties to adopt a local ordinance imposing a tax on food and beverages in an amount not to exceed four (4%) percent of the amount charged after a public hearing by unanimous vote. The earliest date such an ordinance could be effective is July 1, 1988. SUMMARY OF INFORMATION: As directed by the Board of Supervisors, staff has adver- tised the proposed ordinance imposing a tax on prepared food and beverages in the newspaper on March 29, 1988, and April 5, 1988. These advertisements gave notice of a public hearing on April 12, 1988, on this matter. The first reading on this proposed ordinance is scheduled for April 26, 1988, and the second reading on this ordinance is scheduled for May 10, 1988. Attached you will find a draft copy of this proposed ordinance as well as a copy of the legal notice. ALTERNATIVES AND IMPACTS: 1. Hold the advertised public hearing as scheduled and pro- ceed with the required first and second readings of the proposed ordinance on April 26, 1988, and May 10, 1988. 2. Hold the advertised public hearing as scheduled and do not proceed with the required first and second readings of the proposed ordinance on April 26, 1988, and May 10, 1988. 3. It is estimated that a four (40) percent levy on food and beverages could generate revenue over twelve (12) months of $1,200,000 to $1,500,000. STAFF RECOMMENDATION: ~~~-~ Staff recommends that the Board proceed with Alternative 1. Respectfully submitted, ~,, '"\, Paul M. Mahoney County Attorney ------------------------------------------------------------------ ACTION VOTE Approved ( ) Denied ( ) Received ( ) Referred To Motion by: No Yes Abs Garrett Johnson McGraw Nickens Robers PUBLIC NOTICE ~ ~~ Please be advised that the Board of Supervisors of Roanoke County, at its meeting on April 12, 1988, at the Roanoke County Administration Center, 3738 Brambleton Avenue, Roanoke, Virginia, at the evening session beginning 7:00 p.m. will hold a public hearing on the following matter, to-wit: ORDINANCE AMENDING AND REENACTING CHAPI~R 21 OF THE ROANOKE COUNTY CODE, TAXATION, BY THE ADDITION OF A NEW ARTICLE VIII, TAX ON PRE- PARED FOOD AND BEVERAGES; SUCH NEW ARTICLE VIII IMPOSING A TAX ON CERTAIN FOOD AND BEVERAGES SOLD IN THE COUNTY OF ROANOKE, PURSUAN'T' TO SECTION 58.1-3833, CODE OF VIRGINIA (1950), AS AME[N]DED, AND PRO- VIDING FOR THE ANIOLINI' OF SUCH TAX, PROCEDURES FOR COLLECTION, DUTIES OF SELLERS AND DUTIES OF LOCAL OFFICIALS WITH RESPECT TO SUCH TAX, ENFORCEMENT PROCEDURE, CIVIL PENALTIES FOR LATE PAYMENT, MTSDII~'ANOR PENALTIES FOR VIOLATIONS OF ARTICLE, EXFP'IPTIONS, AND AN EFFECTIVE DATE. A copy of the aforementioned ordinance is on file in the office of the Board of Supervisors of Roanoke County located at 3738 Brambleton Avenue and may be reviewed during regular office hours of 8:00 a.m. to 5:00 p.m. All members of the public interested in the matter set forth above may appear and be heard at the time and place aforesaid. ~~ , Paul M. Mahoney County Attorney of Roanoke County, Virginia Publish on the following dates in the morning edition: March 29, 1988 April 5, 1988 Send invoice to: Board of Supervisors P. 0. Box 29800 Roanoke, Virginia 24018-0798 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, APRIL 12, 1988 ORDINANCE AMENDING AND REENACTING CHAPTER 21 OF THE ROANOKE COUNTY CODE, TAXATION, BY THE ADDITION OF A NEW ARTICLE VIII, TAX ON PREPARED FOOD AND BEVERAGES; SUCH NEW ARTICLE VIII IMPOSING A TAX ON CERTAIN FOOD AND BEVERAGES SOLD IN THE COUNTY OF ROANOKE, PURSUANT TO SECTION 58.1-3833, CODE OF VIRGINIA (1950), AS AMENDED, AND PROVIDING FOR THE AMOUNT OF SUCH TAX, PROCEDURES FOR COLLECTION, DUTIES OF SELLERS AND DUTIES OF LOCAL OFFICIALS WITH RESPECT TO SUCH TAX, ENFORCEMENT PROCEDURES, CIVIL PENALTIES FOR LATE PAYMENT, MISDEMEANOR PENALTIES FOR VIOLATIONS OF ARTICLE, EXEMPTIONS, AND AN EFFECTIVE DATE WHEREAS, after consideration of this subject and after an opportunity for the citizens of this County to be heard upon this matter at a public hearing held on April 12, 1988, pursuant to Section 58.1-3007, Code of Virginia (1950), as amended; and WHEREAS, the first reading on this ordinance was held on April 26, 1988, and the second reading on this ordinance was held on May 10, 1988; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, finds that it is appropriate to impose a tax on certain food and beverages sold in the County of Roanoke, pursuant to Section 58.1-3833, Code of Virginia (1950), as amended. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 21, Taxation, of the Code of Roanoke County, is hereby amended and reenacted by the addition of a new 1 . ~~ _° '~ Article VIII, Tax on prepared food and beverages, to read and provide as follows: ARTICLE VIII. TAX ON PREPARED FOOD AND BEVERAGES Sec. 21-150. Definitions. The following words and phrases, when used in this article, shall have, for the purposes of this article, the following respective meanings except where the context clearly indicates a different meaning: (a) Caterer: A person who furnishes food on the premises of another, for compensation. (b) Commissioner of the Revenue: The Commissioner of the Revenue of the County of Roanoke, and any of his duly authorized deputies, assistants, employees or agents. (c) Food: Any and all edible refreshments or nourishment, liquid or otherwise, including alcoholic beverages, purchased in or from a restaurant or from a caterer, except snack foods. (d) Person: Any individual, corporation, company, association, firm, partnership or any group of individuals acting as a unit. (e) Purchaser: Any person who purchases food in or from a restaurant or from a caterer. (f) Restaurant: Any place in or from which food is sold in the County, including, but not limited to, any restaurant, dining room, rill, coffee shop, cafeteria, cafe, snack bar, lunch counter, delicatessen, confectionery, bakery, eating house, eatery, drugstore, vending machine, lunch wagon or truck, pushcart or other mobile facility from which food is sold, public or private club, resort, bar or lounge. The word "restaurant" shall not mean a grocery store or supermarket except for any space or section therein designated as a delicatessen or for the sale of prepared sandwiches, delicatessen food or food prepared in a delicatessen. (g) Seller: Any person who sells food in or from a restaurant or as a caterer. 2 / V ~ ~i (h) Snack food: Unopened bottles or cans of carbonated soft drinks; chewing gum; candy; popcorn; peanuts and other nuts; unopened packages of cookies, donuts, crackers and potato chips; and other items of essentially the same nature and consumed for essentially the same purpose. (i) Treasurer: The Treasurer of the County of Roanoke and any of his duly authorized deputies, assistants, employees or agents. Sec. 21-151. Levy of tax; amount. In addition to all other taxes and fees of any kind now or hereafter imposed by law, a tax is hereby levied and imposed on the purchaser of all food served, sold or delivered in the County in or from a restaurant, whether prepared in such restaurant or not and whether consumed on the premises or not, or by a caterer. The rate of this tax shall be four (4) percent of the amount paid for such food. In the computation of this tax, any fraction of one-half cent or more shall be treated as one cent. Sec. 21-152. Payment and collection of tax. Every seller of food with respect to which a tax is levied under this article shall collect the amount of tax imposed under this article from the purchaser on whom the same is levied at the time payment for such food becomes due and payable, whether payment is to be made in cash or on credit by means of a credit card or otherwise. The amount of tax owed by the purchaser shall be added to the cost of the food by the seller who shall pay the taxes collected to the County as provided in this article. Taxes collected by the seller shall be held in trust by the seller until remitted to the County. Sec. 21-153. Reports and remittances generally. Every seller of food with respect to which a tax is levied under this article shall make out a report, upon such forms and setting forth such information as the Commissioner of the Revenue may prescribe and require, showing the amount of food charges collected and the tax required to be collected, and shall sign and deliver such report to the County Treasurer with a remittance of such tax. Such reports and remittance shall be made on or before the twentieth day of each month, covering the amount of tax collected during the preceding month. Sec. 21-154. Preservation of records. It shall be the duty of any seller of food liable for collection and remittance of the taxes imposed by this article to keep and preserve for a period of three years records showing gross sales of all food and beverages, the amount charged the 3 X88--~ purchaser of each such purchase, the date thereof, the taxes collected thereon and the amount of tax required to be collected by this article. The Commissioner of the Revenue shall have the power to examine such records at reasonable times and without unreasonable interference with the business of the seller, for the purpose of administering and enforcing the provisions of this article and to make copies of all or any parts thereon. Sec. 21-155. Advertising payment or absorption of tax prohibited. No seller shall advertise or hold out to the public in any manner, directly or indirectly, that all or any part of the tax imposed under this article will be paid or absorbed by the seller or anyone else, or that the seller or anyone else will relieve the purchaser of the payment of all or any part of the tax. Sec. 21-156. Tips and service charaes. Where a purchaser provides a tip for an employee of a seller, and the amount of the tip is wholly in the discretion of the purchaser, the tip is not subject to the tax imposed by this article, whether paid in cash to the employee or added to the bill and charged to the purchaser's account, provided, in the latter case, the full amount of the tip is turned over to the employee by the seller. An amount or percent, whether designated as a tip or a service charge, that is added to the price of the meal by the seller, and required to be paid by the purchaser, is a part of the selling price of the meal and is subject to the tax imposed by this article. Sec. 21-157. Dutv of seller when aoina out of business. Whenever any seller required to collect any pay to the County a tax under this article shall cease to operate or otherwise dispose of his business, any tax payable under this article shall become immediately due and payable and such person shall immediately make a report and pay the tax due. Sec. 21-158. Discount. For the purpose of compensating sellers for the collection of the tax imposed by this article, every seller shall be allowed three (3) percent of the amount of the tax due and accounted for in the form of a deduction on his monthly return; provided, the amount due is not delinquent at the time of payment. Sec. 21-159. Enforcement; duty of Commissioner of the Revenue. 4 ~ S ~- ~' The Commissioner of the Revenue shall promulgate rules and regulations for the interpretation, administration and enforcement of this article. It shall also be the duty of the Commissioner of the Revenue to ascertain the name of every seller liable for the collection of the tax imposed by this article, who fails, refuses or neglects to collect such tax or to make the reports and remittances required by this article. The Commissioner of the Revenue shall have all of the enforcement powers as authorized by Article I, Chapter 31 of Title 58.1 of the Code of Virginia (1950), as amended, for purposes of this Article. Sec. 21-160. Procedure upon failure to collect. report. etc. If any seller, whose duty it is to do so shall fail or refuse to collect the tax imposed under this article and to make, within the time provided in this article, the reports and remittances mentioned in this article, the Commissioner of the Revenue shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the Commissioner of the Revenue shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax payable by any seller who has failed or refused to collect such tax and to make such report and remittance, he shall proceed to determine and assess against such seller the tax and penalties provided for by this article and shall notify such seller, by registered mail sent to his last known place of address, of the total amount of such tax and penalties and the total amount thereof shall be payable within ten (10) days from the date such notice is sent. Sec. 21-161. Duty of County Treasurer. The Treasurer shall have the power and the duty of collecting the taxes imposed and levied hereunder and shall cause the same to be paid into the general treasury for the County. Sec. 21-162. Penalty of late remittance or false return. (a) If any seller whose duty it is to do so shall fail or refuse to file any report required by this article or to remit to the County Treasurer the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the County Treasurer a penalty in the amount of ten (10) percent if the failure is not for more than thirty (30) days, with an additional ten (10 ) percent of the total amount of tax owed along with all penalties for late payment previously levied for each additional thirty (30) days or fraction thereof during which the failure continues, not to exceed twenty-five (25) percent in the aggregate, with a minimum penalty of two dollars ($2.00). (b) In the case of a false or fraudulent return with intent to defraud the County of any tax due under this article, a 5 ~8-~ penalty of fifty (50) percent of the tax shall be assessed against the person required to collect such tax. Sec. 21-163. Violations of article. Any person violating, failing, refusing or neglecting to comply with any provision of this article shall be guilty of a Class 3 misdemeanor. Conviction of such violation shall not relieve any person from the payment, collection or remittance of the taxes provided for in this article. Any agreement by any person to pay the taxes provided for in this article by a series of installment payments shall not relieve any person of criminal liability for violation of this article until the full amount of taxes agreed to be paid by such person is received by the Treasurer. Each failure, refusal, neglect or violation, and each day's continuance thereof, shall constitute a separate offense. Sec. 21-164. Exemptions. The following purchases of food shall not be subject to the tax under this article: (a) Food furnished by restaurants to employees as part of their compensation when no charge is made to the employee. (b) Food sold by non-profit day care centers, public or private elementary or secondary schools or food sold by any college or university to its students or employees. (c) Food for use or consumption by the Commonwealth, any political subdivision of the Commonwealth of the United States. (d) Food furnished by a hospital, medical clinic, convalescent home, nursing home, home for the aged, infirm or handicapped or other extended care facility to patients or residents thereof. (e) Food Furnished by a non-profit charitable organization to elderly, infirm, handicapped or needy persons in their homes or at central locations. (f) Food sold by a non-profit educational, charitable or benevolent organization on an occasional basis as a fund-raising activity or food sold by a church or religious body on an occasional basis. (g) Any other sale of food which is exempt from taxation under the Virginia Retail Sales and Use Tax Act, or administrative rules and regulations issued pursuant thereto. 6 ~~~_~ 2. That this ordinance shall be in full force and effect on and after July 1, 1988. 7 A P P E A R a. _{ °~~ .E c E Q U E S T PUBLIC HEARING ON __ ~:__;ti;;~ , -> t y fS ~ ` ~I I would like ~'rie Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three a.nd five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y - - - - - - - - - - - - - - - - - - _ -. NAME: ~ic'.~.~t~ ~~.~.~~`,.~'r'1 ADDRESS . . ~~,.~ ( F l~:':~. t~ ^~f ~~ ~~) PHONE: ~`'~~f -[';~~~lti PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) A P P E A R fi. N: C'~ R E Q U E S T $ _~ PUBLIC HEARING ON ~<<~.%~~_`-~__~t !~ /". -~ 4~--~~- ~~ C'~~'`C~/v~'_> 1-I g I would lik,., the Chairman of the Board of Supervisors to recog:-~ize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y - - - - - - - - - - - - - - - - - - Q.!-r~ NAME : ~ ~, , ~(~ ~ 1~ `'' ! ~ . ~ /'11?~, ~~? ~_ i r'1 C; ~ t'~, ~~ -t 0 ,' ADDRESS : ~f~~ ~ ~ X~('~-=~,~~ ~`--, ! r ~' C` I~ PHONE : / ~ ~~ J ~~;~!~ PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) A P P E A R :,. N r. ~ = L Q .~ y S T PUBI~TC fir:i~:liVG ON `~' ~~'-~ ~~'/` ~~ ~V` U7/~~~C ~D~~ ~ h ~~~~° ~~4--~ ~ I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y - - - - - - - - - - - - - - - - - - NAME: 1~P~I~ "~ I~~""' G°IS ~~I'G~?~yv'r IJAF U ~e- I ~ ADDRESS : ~ZZZ ~+-r~- ~e/ ~~ ~~~ ~ ~ ~ ~ S PHONE : ~~j~ ~~ PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) A P P E A R .:~ N C• E R .E+ 1 v `E 5 T - - - - - - - - - - - - - - - - - PUBLIC HEARING ON I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTIPIG TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRIT'T'EN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y - - - - - - - - - - - - - - - - - - NAME: ADDRESS: PHONE: PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) ~r~-~ysi A P P E A R :A N C• E R L Q U E S T - - - - - - - - - - - - - - - - - PLTBLIC HEARING ON I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I r.-ay comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. -~~ ~~ ~~ ~~~ ` 7 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y - - - - - - - - - - - - - - - - - - NAME: ADDRESS: R i~ r O / ~~ PHONE : 'I7 ~- ~::?/~~,-~ PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) A P P E A R .?1 N C• E R E .Q U S T - - - - - - - - - - - - - - - - - ~~ i PUBLIC HEAPING ON ~ j, I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y - - - - - - - - - - - - - - - - - - ~ ,~ NAME : ~ ~ `'~ v. ADDRESS : ~ ~~ `d W Q PHONE : ~ ~ ~ ~. 1 PLEASE NOTE: (After filling Clerk. Thank Cam, ~, C~ `y1 ~~ ~v ~ out, give to the Deputy you.) A P P E A R•A N E E R E Q U E S T - - - - - - - - - - - - - - - - - ,~ 1, ~ ,~ > ,~-~ :- ,, PUBLIC HEARING ON`~~ ~ ~ - _ _ i '~ / ,~~ I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chair-man will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y - - - - - - - - - - - - - - - - - - ~~ , i 7 NAME : ~ ~ ~;~ ~ -,/'~ ,; ~, ,' -7= `,g ham/ /~ ° /! .~ ~-~'...-= -- f_ ~ ADDRESS : ~ f;-.i ~L' '' ~ ~:` ,~~ /~ ``I PHONE : > 'S ,... ;,~/ PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) _ -- ~~4~~ -- ~w _~-.., w..~ ~-p:~:~:-~~~ _:.R~ ~_A ,, N.,~.~'~ E R E Q U E S T PUBLIC HEARING ON I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed. by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y - - - - - - - - - - - - - - - - - - NAME : ~ . /"7L /- IG ~-~ / ~ W ~i ~-~ ADDRESS : ~ C,~ C~ ~ F/rG ~ /J (~ `,~ /~ ST , S~ L~W~ . ~ !'~ Z ~ /S ~IQG~~d~L. CO. PHONE: 3S?'3~a~ ~. PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.! (~ _ ~ ,e . .. ;~ u~,I'~ . . t(. _._ ~ r . ~ ~ ~ ~.: r ~ ,. ~~ ~ ~~ ... '` .. ~ ~ r t / ~, ,~ Vii,/n; /~~~`.,~FT~. ~, .__ - -- ,„ *.-_v .,._, ~ , z /, L e:,: '$ ... i,: ~c« _ , ~. r ~ ... ff 1 ~;~ ~ yi~1i ~j ~)/p~ ~r~ ,,(?"~,~ ~ ~' ,~ if i_, 1::~' . ~ ;n ly`, .._ ~ ~ -~-. -- ~~~ i r Y _, ~ J ti E f, l (..f r "' ! ; ~_ (~' t ~. , r © c M ~~~ ~ ~ "` f "" r . ~ s' ~ ,,.~: __ ~ ~ , ' ~3 ~ ,~ ( t ~,f .~`' y s. i r ~~ ~ f ~ ~.-~,. ,~~,- lam/ '.~C....:. a- ~~ ,,-- ~ t ~ ` V ~~ ~ - ~ ~~~~ ~ (~-- ~Ye ~~~ r. ~,~ ., ,_ J , ~~ ~ F J t 4~S i, jt ?' ,. 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