HomeMy WebLinkAbout3/9/1993 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, MARCH 9., 1993
RESOLUTION 3993-1 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO OLA M. MYERS
FOR OVER 28 YEARS OF SERVICE TO ROANOKE COUNTY
WHEREAS, Ola M. Myers was first employed in November,
1964, as a Clerk -Stenographer B in the Department of Social
Services; and was promoted to Clerk III in 1974 in the Department
of Social Services; and
WHEREAS, during her employment, Ola M. Myers served as a
unit secretary to the Child Welfare staff, providing many years of
loyal and dedicated service, taking particular interest in the
well-being of the children who came into care; and
WHEREAS, in the first month of retirement, Ola M. Myers
has put forth 50 hours of volunteer service in the Department of
Social Services.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County, Virginia, expresses its deepest
appreciation and the appreciation of the citizens of Roanoke County
to OLA M. MYERS for over 28 years of capable, loyal and dedicated
service to Roanoke County.
FURTHER, the Board of Supervisors does express its best
wishes for a happy, restful and productive retirement.
On motion of Supervisor Nickens to adopt the resolution,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Keith Cook, Director, Human Resources
Resolutions of Appreciation File
ACTION # A-3993-2
ITEM NUMBER D
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: March 9, 1993
AGENDA ITEM: Request for Enforcement Procedure for the Private
Sector SSE/R Program
COUNTY ADMINISSTRATOR'S COMMENTS: �•a�lrr r I'! `;
. U
BACKGROUND•
The existing County sewer ordinance provided for violations to be
punishable by "a fine of $1,000 per violation per day and
confinement in jail for not more than 12 months, either or both."
In previous discussions concerning the SSE/R Program, the Board of
Supervisors asked staff to bring back recommendations whereby
violations of the sewer ordinance relative to infiltration or
inflow from a building could be handled by a lesser punishment than
the general provisions for violations contained in the ordinance.
DISCUSSION:
Staff proposes to modify the existing County sewer ordinance by
adding a section specifically addressing "Enforcement and Penalty
Relative to Infiltration or Inflow from Buildings or Building
Sewers."
The following is a suggested modification to the ordinance.
ENFORCEMENT & PENALTY RELATIVE TO INFILTRATION OR INFLOW FROM
BUILDINGS OR BUILDING SEWERS
(1) When the Utility Director determines a violation exists under
this section, the property owner shall be notified by
certified mail that they are in violation of Section 18-156 of
this code relative to improper discharge into the public
sanitary sewer system. Notice of right of appeal shall be
included.
(a) For buildings with infiltration and/or inflow determined
by the Utility Director to be in excess of 400 gallons
per day into the public sewer system, the property owner
will be given six (6) months in which to correct the
facilities contributing the infiltration and/or inflow
into the public sewer system. If the property owner
fails to make adequate corrections at the end of the six
(6) months, the property owner shall be in violation of
this section and the County shall terminate public water
and sanitary sewer services to protect the public health,
safety, and welfare.
(b) For buildings with infiltration and/or inflow determined
by the Utility Director to be less than 400 gallons but
more than 100 gallons per day into the public sewer
system, the property owner will be given six (6) months
in which to correct the facilities contributing the
infiltration and/or inflow. If the property owner fails
to make corrections at the end of the six (6) months, the
property owner shall be in violation of this section and
shall pay a penalty of $100.00 per month until required
corrections have been made. If the property owner fails
to make corrections after a period of twelve (12) months
from the initial notification stated in (1) above or
fails to pay the $100.00 per month penalty, the County
shall terminate public water and sanitary sewer services
to protect the public health, safety, and welfare.
(c) For buildings with infiltration and/or inflow determined
by the Utility Director to be less than 100 gallons but
more than 30 gallons per day into the public sewer
system, the property owner will be given six (6) months
in which to correct the facilities contributing the
infiltration and/or inflow. If the property owner fails
to make corrections at the end of the six (6) months, the
property owner shall be in violation of this section and
shall pay a penalty of $50.00 per month until required
corrections have been made. If the property owner fails
to make corrections after a period of twelve (12) months
from the initial notification stated in (1) above or
fails to pay the $50.00 per month penalty, the County
shall terminate public water and sewer service to protect
the public health, safety, and welfare.
(2) After corrections have been made, the property owner shall
request in writing that the County Utility Department re-
inspect the building to verify that adequate corrections have
been made and to conclude all proceedings against the property
owner.
(3) To reinstate public water and sewer services terminated under
this section, the property owner shall:
(a) make adequate corrections to the facilities allowing the
infiltration and/or inflow into the public sewer system;
(b) request and have a proper inspection performed as per
paragraph 2 of this section;
(c) submit a written request to the Utility Director
requesting reinstatement of public water and sewer
services and verifying that all requirements of this
paragraph have been met.
(4) Right to Appeal Utility Director's Determination
Any property property owner that receives a notice of
violation under this section shall have a right to appeal the
Utility Director's determination. Said appeal shall be made
to the County Administrator within 14 days after receipt of
notice of violation.
The County Administrator shall forward the
appeal to the Roanoke County Board of
Supervisors for a hearing at the next
available Public Meeting.
or
The County Administrator shall appoint a
Hearing Panel consisting of two (2) County
employees and at least one (1) County resident
not employed by the County. The Hearing Panel
shall meet to hear and render a decision
within two (2) weeks of the appeal. The
decision of the Hearing Panel may be appealed
to the Roanoke County Board of Supervisors.
RECOMMENDATION•
It is recommended that the Board of Supervisors direct staff to
modify the sewer ordinance to include the above provisions as
modified during presentation at the Board meeting.
SUBMITTED BY: APPROVED:
Cliffor g, P.E. Elmer C. Hodge
Utility Director County Administrator
Approved (x)
Denied ( )
Received ( )
Referred
to
ACTION VOTE
Motion by: Harry C. Nickens No Yes Abs
to approve staff recommenda- Eddy x
tion with appeal process: Johnson x
(1) Hearing Panel (2) County Kohinke x
Administrator (3) Board of Minnix x
Supervisors. Draft ordinance Nickens x
to be brought back for work session
cc: File
Clifford Craig, Director, Utility
Paul Mahoney, County Attorney
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, MARCH 9, 1993
RESOLUTION 3993-3 AUTHORIZING THE RELOCATION OF THE
OFFICES OF THE COMMISSIONER OF THE REVENUE AND THE
TREASURER TO NEW OFFICE FACILITIES
WHEREAS, Section 58.1-3101 of the Code of Virginia, 1950, as
amended, provides that each county commissioner of the revenue
shall keep an office at the county seat of his county or at such
other point in the county as the governing body of the county deems
to be more convenient to the majority of the citizens; and
WHEREAS, Section 58.1-3124 of the Code of Virginia, 1950, as
amended, provides that the office of the county treasurer shall be
maintained at the county seat or at such other point in the county
as the governing body of the county deems to be more convenient to
a majority of its citizens; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia,
by the adoption of Ordinance No. 121592-13 has authorized the
acquisition of certain real estate and improvements thereon located
at 5204 Bernard Avenue, Roanoke County, Virginia, for new office
facilities for County government operations.
NOW, THEREFORE, be it resolved by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the office of the Commissioner of the Revenue is
hereby removed and relocated to 5204 Bernard Drive, Roanoke County,
Virginia. The Board finds that this location is more convenient to
a majority of the citizens of the County.
1
2. That the office of the Treasurer of Roanoke County is
hereby removed and relocated to 5204 Bernard Drive, Roanoke County,
Virginia. The Board finds that this location is more convenient to
a majority of the citizens of the County.
3. This resolution shall take effect on or about August 27,
1993.
On motion of Supervisor Nickens to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Paul M. Mahoney, County Attorney
Alfred C. Anderson, County Treasurer
R. Wayne Compton, Commissioner of Revenue
0
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, MARCH 9, 1993
RESOLUTION 3993-4 AUTHORIZING THE COUNTY TO SUBMIT AN
APPLICATION TO THE STATE COUNCIL ON LOCAL DEBT FOR APPROVAL OF
THE ADVANCE REFUNDING OF CERTAIN OUTSTANDING BONDS OF THE
COUNTY OF ROANOKE
WHEREAS, the County of Roanoke, Virginia ("County") has issued
general obligation bonds to finance the costs of various capital
improvements in the series and amounts described on Exhibit A to
this Resolution ("Prior Bonds"); and
WHEREAS, the Board of Supervisors has determined that it is
advisable to authorize the County Administrator and such other
officers and agents of the County as he may designate to determine
the advisability and feasibility of issuing general obligation
bonds of the County to provide funds to advance refund all or a
portion of the callable Prior Bonds ("Refunding Bonds"); and
WHEREAS, Section 15.1-227.46 of the Code of Virginia of 1950,
as amended, requires the Board of Supervisors to submit a plan of
refunding to the State Council on Local Debt ("SCLD") and advance
refund the Prior Bonds:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF ROANOKE:
1. The Board of Supervisors authorizes the issuance and sale
of the Refunding Bonds to advance refund all or a portion of the
Prior Bonds upon the terms and conditions to be determined by
subsequent resolution or resolutions. The Refunding Bonds shall
not be issued or sold until the SCLD has approved the issuance of
the Refunding Bonds.
2. The County Administrator, the Director of Finance and
such officers and agents of the County as either of them may
designate are authorized and directed to apply to the SCLD on
behalf of the Board of Supervisors for approval of the issuance of
the Refunding Bonds to refund all or a portion of the callable
Prior Bonds and to take such other action as may be required to
obtain SCLD approval. The County Administrator shall determine the
portions of the callable Prior Bonds to be included in the plan for
advance refunding to be submitted to the SCLD for approval;
provided, however, that the issuance of the Refunding Bonds and the
advanced refunding of each series of the Prior Bonds as determined
by such officer shall produce a Present Value Savings Ratio (as
defined in the State Council on Local Debt Guidelines) of not less
than .03 (3%).
3. This Resolution shall take effect immediately.
Adopted by the Board of Supervisors at a meeting duly called
and held on March 9, 1993.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Diane D. Hyatt, Director, Finance
Paul M. Mahoney, County Attorney
DENIAL
ACTION `rNO.
A-3993-5
ITEM NO. z -
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: March 9, 1993
AGENDA ITEM: Claim by the City of Roanoke for Unapproved Charges
for Surplus Water
COUNTY ADMINISTRATOR'S COMMENTS:
I recommend denial of the claim.
EXECUTIVE SUMMARY
By letter dated February 5, 1993, the City Attorney submitted
a claim on behalf of the City of Roanoke in the amount of
$320,353.39 for unpaid charges from the purchase by the County of
bulk water from the City for fiscal year 1991 pursuant to the
contract dated August 13, 1979.
By copy of the same letter, a claim was also submitted on
behalf of the City of Roanoke in the amount of $213,876.72 for
unpaid charges for the purchase by the County of bulk water from
the City for fiscal year 1992 pursuant to the contract dated August
13, 1979.
BACKGROUND•
Sections 15.1-550 through 15.1-554 of the Code of Virginia
describe the procedure for submitting claims to boards of supervi-
sors. No legal action against the county upon any claim or demand
may be maintained unless and until such claim has been presented to
the board of supervisors.
A determination by the board disallowing a claim shall be
final and a perpetual bar to any action in any court on such claim,
unless the decision of the board is appealed to the circuit court
within 30 days from the date of decision.
The Board previously considered and denied the claim for
fiscal year 1991 charges on July 14, 1992. The City commenced
litigation on this denied claim on August 11, 1992, in the Circuit
Court for the City of Roanoke. Various legal and procedural
maneuvers have resulted in the City's finally filing this litiga-
tion in the correct court, the Circuit Court for the County of
Roanoke, on January 19, 1993. Numerous attempts by the County to
01-4
negotiate a settlement to this erroneous claim have been rejected
by the City.
SUMMARY OF INFORMATION:
This claim is for not only the fiscal year 1991 charges which
are currently in litigation, but also for the fiscal year 1992
charges.
On December 18, 1992, Diane Hyatt responded to a letter from
James D. Grisso, Director of Finance, requesting certain informa-
tion concerning the fiscal year 1992 charges of $213,876.72. The
County received Mr. Grisso's response February 4, 1993, a copy of
which was previously made available to the Board. The City
Attorney submitted the City's claim February 5, 1993.
By letter dated December 30, 1992, Clifford Craig submitted to
Mr. Grisso a check in the amount of $151,375.72 (for bulk water
charges at the rate of $.73 per one hundred cubic feet) for the
portion of the City's water bill that is not in dispute. This rate
reflects the last agreed rate for bulk water before the City
"adjusted" the charges for the disputed capital expenditures. The
County's objections to this claim are the same as the objections
summarized in the July 14, 1992 Board Report. These objections are
as follows:
1) the inclusion of capital costs that are of a specific
benefit only to particular City neighborhoods, that neither serve
nor benefit the County, and that are not necessary to meet the
City's obligations under the contract or to meet water quality or
treatment standards;
2) the inclusion of capital costs to expand the City system
to serve new customers in the City;
3) the inclusion of capital costs for significant long term
expansions or upgrades of the City water system, (since the City
unilaterally defined "surplus water" and the City retains the
opportunity to cancel the contract);
4) the inclusion of capital costs for new services already
paid for by new users (charging the County for expenditures for
expansions or extensions previously paid by new users); and
5) charging the County for "capital outlay from revenue"
from current or prior years' retained earnings, since a portion of
these retained earnings were previously provided by the County
(City expends funds from retained earnings for "capital outlay from
revenue," then adds this expenditure to other costs to calculate
the actual bulk water rate: in effect charging the County twice).
Z -y
FISCAL IMPACTS•
If the Board allows the claim, the County would be required to
pay an additional $320,353.39 for FY 1991 and $213,876.72 for FY
1992.
ALTERNATIVES•
1) Disallow the claim based upon the objections set forth
above.
2) Allow the claim and pay the additional, adjusted amount
billed by the City for FY 1991 and FY 1992.
STAFF RECOMMENDATION:
It is recommended that the Board disallow the claim, and
thereby permit the City to pursue a judicial remedy.
Approved
Denied
Received
Referred
to
c)
(X)
c)
c:\wp51\agenda\1k\vmtff.dm
Respectfully submitted,
Paul M. Mahoney
County Attorney
Action
Motion by Bob L. Johnson
to deny claim
Vote
No Yes Abs
Eddy x
Johnson x
Kohinke x
Nickens x
Minnix x
cc: File
Paul M. Mahoney, County Attorney
Clifford Craig, Director, Utility
Diane Hyatt, Director, Finance
Mary F. Parker, Clerk, Roanoke City Council, Certified Copy
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
ROANOKE, VIRGINIA 24011.1595
TELEPHONE: 70&981.2431
TELECOPIER: 703.W.2 W
WILBURN C. DIBLING, JR. February 5, 1993
CITY ATTORNEY
HAND -DELIVERED
The Honorable Chairman and Members
Roanoke County Board of Supervisors
c/o Mary Allen, Clerk
3738 Brambleton Avenue, S. W.
Roanoke, Virginia 24018
Paul M. Mahoney, Esquire
Roanoke County Attorney
3738 Brambleton Avenue, S. W.
Roanoke, Virginia 24018
Gentlemen:
~- WILLIAM X PARSONS
MARK ALLAN WILLIAMS
STEVEN J. TALEVI
KATHLEEN MARIE KRONAU
ASSISTANTCITY ATTORNEiS
Re: Notice of Claim
Pursuant to S§15.1-550 through 15.1-554, Code of Virginia
(1950), as amended, a claim is hereby submitted on behalf of the
City of Roanoke against the County of Roanoke in the amount of
$320,353.39 for unpaid charges for the purchase by the County of
Roanoke of surplus bulk water from the City of Roanoke for Fiscal
Year 1990-1991 pursuant to the August 13, 1979, Water -Sewer
Contract between Roanoke County and Roanoke City. A copy of the
Contract is attached hereto as Exhibit 1 and incorporated herein by
reference. By letter of October 14, 1991, the City notified the
County of this charge. A copy of the letter as well as the billing
notice and an itemized statement of the calculation of the charges
verified by affidavit by the Roanoke City Director of Finance is
attached hereto as Exhibit 2 and incorporated herein by reference.
A claim is also submitted on behalf of the City of Roanoke
against the County of Roanoke in the amount of $213,876.72 for
unpaid charges for the purchase by the County of Roanoke of surplus
bulk water from the City of Roanoke for Fiscal Year 1991-1992
pursuant to the August 13, 1979, Water -Sewer Contract between
Roanoke County and the City. By letter, dated October 28, 1992,
the City notified the County of this charge. A copy of the letter
as well as the billing notice and an itemized statement of the
calculation of the charges verified by affidavit by the Roanoke
City Acting Director of Finance is attached hereto as Exhibit 3 and
incorporated herein by reference.
The Honorable Chairman and Members
Roanoke County Board of Supervisors
Mr. Mahoney
February 5, 1993
Page 2
The City of Roanoke respectfully requests that the Roanoke
County Board of Supervisors consider these claims and pay to the
City of Roanoke the total sum of $534,230.11 to which the City is
rightfully entitled under contract.
By letter of February 2, 1993, the City's Acting Director of
Finance has provided a full response to the County Director of
Finance's letter of December 18, 1992, as to the basis for the
City's claim for Fiscal Year 1991-1992. The City requests final
action by the Board of Supervisors upon its claims by March 10,
1993. Should the Board of Supervisors not have acted on the City's
claims by March 10, 1993, the City will consider that the Board of
Supervisors has refused or neglected to act upon its claims duly
presented to them, and the City will institute action in the
Circuit Court pursuant to S15.1-553, Code of Virginia (1950), as
amended.
Please respond directly to me with regard to this matter.
Thank you for your consideration of the City's claim.
WCD:f
Enclosures
cc: The Honorable Mayor and
W. Robert Herbert, City
James D. Grisso, Acting
Kit B. Kiser, Director,
Respectfully submitted,
i
Wilburn C. Dibling, Jr.
City Attorney
Members of City Council
Manager
Director of Finance
Utilities and Operations
CITY OF ROA 401M
DVAitTM06 OF FMANCH
r.ao..MM
�� � October 14 , 1991
X r. Elmer Rodge
County Administrator
County Of Roanoke
P.O. Dos 29800
RO&Wke, Virqinia 24018-0794
Dear Elmer:
�D-q
Taeeftw ! rr7 w • aw
TM"Gor (Mai -Mae
to
Par the vatar-serage agrsement dated Auqust 13, 1979, this is
advise you that the nor bulk rater rate as calculated by my
office affective July 11. 1991, is S.73
rate will be adjusted based on actual per 100 cubic feet. This
Of the 1998 fiscal year audit. �Pendituses upon coeplstion
The rate vas calculated by the formula as set forth in the
above mentioned Weems" and those Calculations are attached for
Yesr revisv (Zchibit A) . The f iqures are derived from the 1991-92
fiscal year adopted budget.
tiThe actual bulk rates rate (i.95 per 100 cubic feet) calcula-
ons for fiscal year 1991 are. attached for your review (bchibit 9).
ZLibit C is a summary of usage from 7/1/90 to 9/30/91 which
calculates usage at the actual bulk rater rate for fiscal year 1991
and the new estimated bulk. rate for fiscal yeas 1991-92. This
calculaties ve shothat the City is due tae amount of $320#353.39.
This amount rill be bills& an your monthly bill for November which
is based on usage for Ootobes.
notify
If have OW questions regardinq the calculations, pleas.
me
ely,
J 1[. scalanger
D r of Finance
Attach�e:fts
co: Mayor Wool C. Taylor
Knows of City Counoil
N. Robert ltesbest, City Manager, City of Roanoke
Re g• Riser. Director of Utilities and Operations
Deborah J. hoses, Chist of Billings and Collections
Robert Bird, 1lunicipal Auditor
Diane Syatt, 01reator of Finance, Roanoke County
N. Craig iluss, Nater 0epastmant xanages
1 ,
Yy • • • • /Ire. 1 Co A• • •
• ••i —age girls 4D.• t��
AdePtsd ft
dated 5/13/91
� � PW ii i No. 30516
P1m s+aap qpt iated lCa- O&Euwdirq -.4r SWISS
at 6/30/91 pat GCdirunoa No. 30639 dated 7/22/91
�ao;arda4 lamas tar watt Pw d multiyear ymje to
carded mw ftom PY1991
n
a' I inw and Saar
aapdtal CQt" &oa ANYWUNS
Toua lb= adopted butt
and fw ds cathed wAw ltau prim yaw
1l dura Amour* pat A p -- t
Artisteant a! Debt principal
zbtal Cpaeatim Coot pat ala
Zbtal watt dallvwed lict yew ended 6/30/91
$ 736,793
290.000
nit A
I -D - q
$ 1,626,900
t 910.000)
110" pt 100 Cit. Pt. • 1.25 x 22.923.274
60761040 (100 CU t.)
Riga par 100 CLI. ft. a LM (swdd to S.73)
$ 4,889,790
55,977
$ 5,649,669
(1,008,793)
( 716,902)
9 3.923.9:A
5.761.48S
Pa wit/sire �■Rr aa�s
C= ci wmo me auras ar
icamm coom PON= mmw= AGMERM
0� M=w 130 190
Al2M H= mm �
1M = PMW J= 1, 1990 W Jam! 30, 199'1
Total Mtw Fund D*Wr for Yrr V dd 6/30/91
(Pe ive Amwal PirArcial PAPCZ )
D�sacistian S 714,397
at Dd* Principal S 200,000
tSpitil Q&JAW • a= -A rAmn 1_ go
Rata PW 100 N.tt. = 1.25 Y U.149.339
6, 761, "S (100 Cil. !E. )
Rats pec 100 cu. ft. a LM (razda! to $.9S)
a imt a
'D-�-/
$ 4,209,647
( 959,397)
Auqust 1990
September 1990
October 1990
November 1990
December 1990
January 1991
February 1991
March 1991
April 1991
May 1991
June 1991
July 1991
z6a"ait C
CDOW
Ct Oi VxA= MM USUs
BABW O! AC29MLL M= == RA= — 1
a322M of Ba22
July 1990
Auqust 1990
September 1990
October 1990
November 1990
December 1990
January 1991
February 1991
March 1991
April 1991
Kay 1991
June 1991
Usage for period 7/1/90 to 6/30/91
Auqust 1991
September 1991
October 1991
July 1991
Auquat 1991
September 1991
U"90 for period 7/1/91 to 9/30/91
Usage
100 cu. ft.
149,186
124,885
105,641
127,702
101,589
116,154
112,321
98,256
101,062
120,817
107,346
111.601
1.376.560_ (1)
135,851
117,595
121,013
374.459 (2)
Adjustment for estimated bulk rate to actual rate for period 7/1/90
to 6/30/91:
100 cu.ft. usage 1,376,560 (1)
Estimated Bats tY91 $.72
Actual Bate tY91
Amount DW i 316.602.20
Adjustment for difference in TY91 and FT92 estimated bulk rate for
period 7/1/91 to 9/30/911
100 cm.ft. usage 374,459 (2)
Estimated Bat. TY91 $.72
Estimated Rau tY92 -.A.3 x .01
Am0nnt Due 2 3.744.52
Total amount due from
adjustment in bulk rates 1 320.353.39
.00r au
: ! cxwd r< $A
'w X19
.aroma r �.en
i
iwr a/tt ■aI
U pw+r rr f
Water
9328V7
Rata Adjustment
32035339
9010220002 0 COUNTY ROAXOKZ
for July & Augu•
;
1991
;
+wraft sm VT Ott D i
r+•MeaD -413639361
wIPA49 VOTER COST PIP Onw
413639 6 111891
AVINAGt St"A Cosi PCR a►v:
.
9010220002 10940 1-110§o 011
413639.36
413639.36
11-18-91 —
��
0 COUlIT!-ROA1i0Q
127789 1
COUNTY OF ROANOLE
DIS Ot UTILITIES
1206 KESSLER HILL RD
SALEM VA 24153
Exhibit 2 ZZ) Z_/
AFFIDAVIT
Joel M. Schlanger, Director of Finance for the City of
Roanoke, first being duly sworn, states as follows:
1. From January 1, 1977, to present, I have served as the
Director of Finance for the City of Roanoke, Virginia ("City").
2. As Director of Finance for the City, I have charge and
maintain control of the keeping of all accounts and financial
records of the City and exercise general fiscal supervision over
all the officers, departments, offices, agencies and employees of
the City charged in any manner with the assessment, receipt,
collection or disbursement of city funds, including calculations
required under the August 13, 1979, water -sewerage contract between
the City and the County of Roanoke ("County").
3. By letter dated October 14, 1991, a copy of which is
attached hereto and incorporated herein as Attachment 1,
notification was given to Elmer Hodge, Roanoke County
Administrator, that the amount of $320,353.39 is due and owing by
the County to the City pursuant to the water -sewerage agreement
dated August 13, 1979, between the City and the County. The letter
incorporates the following Exhibits:
(i) Exhibit A - Rate calculation for the estimated bulk water
rate for Roanoke County for the period of July 1, 1991, to
June 30, 1992;
(ii) Exhibit B - Rate calculation for the actual bulk water
rate for Roanoke County for the period July 1, 1990 to June
30, 1991;
(iii) Exhibit C - Calculation of fiscal year usage based upon
actual bulk water rate instead of estimated rate.
A copy of the billing notice provided to the County is attached
hereto as Attachment 2.
4. To the best of my knowledge and belief, in my capacity as
Director of Finance for the City of Roanoke, the amount of
$320,353.39 is justly due and owing by the County of Roanoke to the
City of Roanoke under the August 13, 1979, water -sewerage contract
between the City of Roanoke and the County of Roanoke.
5. The City claims interest on the delinquent amount at the
legal rate from November 15, 1991.
JoM. Schlanger
Di ector of Finance
SUBSC'RIBED AND SWORN to before me, a Notary Public in and for the
C mmonwealth of Virginia, in Roanoke, Virginia on the Z/�`?- day of
L� - , 1992.
LZZX4'
Notary Public
My Commission expires
A F F I D A V I T
STATE OF VIRGINIA )
) To -wit:
CITY OF ROANOKE )
James D. Grisso, Acting Director of Finance, for the City of
Roanoke, first being duly sworn, states as follows:
1. From October 27, 1992, to present, I have served as the
Acting Director of Finance for the City of Roanoke, Virginia
("City"). Prior to October 27, 1992, and at all times relevant to
the matters to which this Affidavit pertains, I served as Deputy
Director of Finance for the City.
2. As Acting Director of Finance for the City, I have charge
and maintain control of the keeping of all accounts and financial
records of the City and exercise general fiscal supervision over
all the officers, departments, offices, agencies and employees of
the City charged in any manner with the assessment, receipt,
collection or disbursement of City funds, including calculations
required under the August 13, 1979, Water -Sewer Contract between
the City and the County of Roanoke ("County"). As Deputy Director,
I assisted the Director in performing all of the foregoing duties
and responsibilities.
3.
By letter dated October 28,
1992,
a copy of which
is
attached
hereto and incorporated
herein
as Attachment
1,
notification was given to Elmer Hodge, Roanoke County
Administrator, that the amount of $213,876.72 is due and owing by
the County pursuant to the Water -Sewer Contract, dated August 13,
1979, between the City and the County. The letter incorporates the
following exhibits:
(a) Exhibit A - Rate calculation for the estimated
bulk water rate for Roanoke County for the
period of July 1, 1992, to June 30, 1993;
(b) Exhibit B - Rate calculation for the actual
bulk water rate for Roanoke County for the
period of July 1, 1991, to June 30, 1992;
(c) Exhibit C - Calculation of Fiscal Year 1991-
1992 usage based upon actual bulk water rate
instead of estimated rate.
A copy of the billing notice provided to the County is attached
hereto.
4. To the best of my knowledge and belief, in my capacity as
Acting Director of Finance for the City of Roanoke, the amount of
$213,876.72 is justly due and owing by the County to the City under
the August 13, 1979, Water -Sewer Contract between the City and the
County.
5. The City claims interest on the delinquent amount of
$213,876.72 at the legal rate from November 29, 1992.
6. Additionally, I have reviewed the Notice of Claim and all
supporting documents filed by the City with the County Board of
Supervisors on April 30, 1992. The information, rates and
calculations contained therein are correct. To the best of my
knowledge and belief, the amount of $320,353.39 for Fiscal Year
1990-1991 is justly due and owing by the County to the City under
the August 13, 1979, Water -Sewer Contract between the City and the
County.
7. The City claims interest on the delinquent amount of
$320,353.39 at the legal rate from November 15, 1991.
Jas D. Grisso, Acting Director
o Finance
SUBSCRIBED and SWORN to before me, a Notary Public for the
Commonwealth of Virginia, At -Large, in the City of Roanoke,
Virginia, on the S day of 1993.
Notary Public
My Commission expires:
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W.. Room 461
P. 0. Drawer 1220
Roanoke, Virginia 2400&1220
Telephone: (703) 981.2821
Telecopier. (703) 981.2940
JOEL M. ECHLANGEA JAMES D. GAISSO
Director of Finance October 28, 1992 Deputy Director
Mr. Elmer Hodge
County Administrator
County of Roanoke
P.O. Box 29800
Roanoke, Virginia 24018-0798
Dear Elmer:
Per the water -sewage agreement dated August 13, 1979, this is
to advise you that the new bulk water rate as calculated by my
office effective July 1, 1992, is $.89 per 100 cubic feet. This
rate will be adjusted based on actual expenditures upon completion
of the 1993 fiscal year audit.
The rate was calculated by the formula as set forth in the
above mentioned agreement and those calculations are attached for
your review (Exhibit A). The figures are derived from the 1992-93
fiscal year adopted budget.
The actual bulk water rate ($.85 per 100 cubic feet) calcula-
tions for fiscal year 1992 are attached for your review (Exhibit B).
Exhibit C is a summary of usage from 7/1/91 to 9/30/92 which
calculates usage at the actual bulk water rate for fiscal year 1992
and the new estimated bulk rate for fiscal year 1992-93. This
calculation shows that the City is due the amount of $213,876.72.
This amount will be billed on your monthly bill for November which
is based on usage for October.
The total amount due to the City for unpaid bulk water billings
is now , representing $320,353.39 unpaid from fiscal year
1991 and 1213,876.72 as calculated for fiscal year 1992.
ATTACMUNT 1
I
Page 2
October 28, 1992
If you have any questions regarding the calculations, please
notify me.
Sincerely,
5-4/�.46/z"-
James
D. Grisso
Acting Director of Finance
JDG/pac
Attachments
cc: Mayor David A. Borers
Members of City Council
W. Robert Herbert, City Manager, City of Roanoke
Wilburn C. Dibling, City Attorney
K. B. Kiser, Director of Utilities and operations
Deborah J. Moses, Chief of Billings and Collections
Robert Bird, Municipal Auditor
Diane Hyatt, Director of Finance, Roanoke County
M. Craig Sluss, Water Department Manager
- q
Exhibit A
BULK WATER RATE
PER WATER/SEWER AGREEMENT BETWEEN
CITY OF ROANOKE AND COUNTY OF ROANOKE AND/OR
ROANOKE COUNTY PUBLIC SERVICE AUTHORITY
DATED AUGUST 13, 1982
ESTIMATED BULK WATER RATE
THS FERrOD JULY 1, 1992 TO JMM 30, 1993
Adopted Water Fund budget per Ordinance No.
30994 dated 5/11/92
Funds reappropriated for outstanding
encumbrances at 6/30/92 per Ordinance No.
31111 dated 7/13/92
Unexpended funds (carried over from FY1992)
for Water Fund capital outlay from revenue
Total Appropriated Budget
Deductions
Depreciation
Billing and Collection Foos
Estimated interest earnings on unexpended
bond funds
Capital Outlay from Revenue:
Total Appropriation from adopted budget and
funds carried aver from prior year
Maximum Amount per Agreement
Retirement of Debt Principal
Total Operating Cost per Formula
Total water delivered for year ended 6/30/92
Rate per 100 cu.ft. - 1.25 x 54.768.320
6,704,214 - $.89
$7,465,487
40,287
171.277
$7,677,051
$ 772,400
252,500
(2,159,900)
S 1.65fl.8i1
( 910.000) ( 748,831)
-0-
.S4.768.320
6.704.214
BULK WATER RATE
PER WATER/SEWER AGREEMENT BETWEEN
CITY OF ROANOKE AND COUNTY OF ROANOKE AND/OR
ROANOKE COUNTY PUBLIC SERVICE AUTHORITY
DATED AUGUST 13, 1982
ACTUAL BULK WATER RATE
THE PERIOD JULY 1, 1991 TO .TUNE 30, 1992
Total Water Fund Expenses for Year Ended
6/30/92 (Per Comprehensive Annual Financial
Report)
Interest expense capitalized in capital outlay
account (Water Plant Expansion)
Deductions
Depreciation
Billing and Ccllsctiaa Fess
Interest Income earned on unexpended
bond funds
Retirement of Debt Principal
Capital Outlay from Revenue
Rate per 100 cu.ft. - 1.25 x 54.582,746
61704,214 - ".8
$ 709,947
250,000
614,157
S 1,101,796
,,D
Exhibit B
$4,159,081
895,973
(1,574,104)
51,101.796
$4,582,746
Exhibit C
ROANOKE COUNTY
CALCULATION OF FISCAL YEAR USAGE
BASED ON ACTUAL BULK WATER RATE
INSTEAD OF ESTIMATED RATE
Usage for period 7/1/91 to 6/30/92
August 1992
September 1992
October 1992
July 1992
August 1992
September 1992
Usage for period 7/1/92 to 9/30/92
1.336.334 (1)
118,983
103,450
112.046
334.479 (2)
Adjustment for estimated bulk rate to actual rate for period 7/1/91
to 6/30/92:
100 cu.ft. usage 1,336,334 (1)
Estimated Rate FY92 $.73
Actual Rate FY92 .85 x .12
Amount Due S 160,360.08
Adjustment for difference in FY92 and FY93 estimated bulk rate for
period 7/1/92 to 9/30/92:
100 cu.ft. usage 334,479 (2)
Estimated Rate FY92 $.73
Estimated Rate FY93 .89 x .16
Ama=t Due S 53.516.64
Total amount due from
adjustment in bulk rates S 213.876.72
usage
Month Billed
Month of Service
100 cu.ft.
August 1991
July 1991
135,851
September 1991
August 1991
117,595
October 1991
September 1991
121,013
November 1991
October 1991
127,789
December 1991
November 1991
93,986
January 1992
December 1991
111,837
February 1992
January 1992
108,494
March 1992
February 1992
93,011
April 1992
March 1992
105,455
May 1992
April 1992
112,228
June 1992
May 1992
101,295
July 1992
June 1992
107.780
Usage for period 7/1/91 to 6/30/92
August 1992
September 1992
October 1992
July 1992
August 1992
September 1992
Usage for period 7/1/92 to 9/30/92
1.336.334 (1)
118,983
103,450
112.046
334.479 (2)
Adjustment for estimated bulk rate to actual rate for period 7/1/91
to 6/30/92:
100 cu.ft. usage 1,336,334 (1)
Estimated Rate FY92 $.73
Actual Rate FY92 .85 x .12
Amount Due S 160,360.08
Adjustment for difference in FY92 and FY93 estimated bulk rate for
period 7/1/92 to 9/30/92:
100 cu.ft. usage 334,479 (2)
Estimated Rate FY92 $.73
Estimated Rate FY93 .89 x .16
Ama=t Due S 53.516.64
Total amount due from
adjustment in bulk rates S 213.876.72
3-4
SEE BACK FOR REMITTANCE
WATER • AOORESS AND INFORMATK)N
THIS BILL MAY BE PAID CASHIER'S STUB
• 72,
AT YOUR LOCAL BANK RETURN WITH POMEM
19010220002 0 • :n_►n.
l
aE-A.�i PCR oast C_E
,CUP RECCACS
oav 'Ni5 AMO�r�* 8ALANCE j
LOC
=acg oc>G�ir _oirR aE nGr�G ��
bbJ4f3U /5431/ I09I43
j
AVERAGE WATER COST SER CAY3237.91
AVERAGE SEWER COST PER CAY
631367.32,631367.32
BALANCE
�4Y T1 -S AMOUNT
COUNTY OF ROANOKE
DIR OF UTILITIES
1206 KESSLER MILL RD
SALEM VA 24153
11-23-92'
PAUL M. MAHONEY
COUNTY ATTORNEY
Tauutij of koauckt
OFFICE OF THE COUNTY ATTORNEY
8 February 1993
Scott Barat, Esquire
Shaw, Pittman, Potts & Trowbridge
1501 Farm Credit Drive
McLean, VA 22102-5004
Dear Scott:
d) - 'l
JOSEPH S. OBENSHAIN
SENIOR ASSISTANT COUNTY ATTORNEY
VICKIE L. HUFFMAN
ASSISTANT COUNTY ATTORNEY
Enclosed you will find a copy of Acting Director of Finance James D. Grisso's response to
Diane Hyatt's letter of December 18, 1992. You will note that his response is dated
February 2, 1993 and I received my copy of February 4, 1993. In addition, you will also
find a copy of the "hand delivered" Notice of Claim dated February 5, 1993. Mr. Dibling
is kind enough to give us until March 10 to respond to the City's claim. I have not copied
Exhibit 1 which is the contract but I have enclosed Exhibits 2 and 3.
PMM/spb
Very truly yours,
Paul M. Mahoney
County Attorney
P.O. BOX 29800 • ROANOKE, VIRGINIA 24018-0798 • (703) 772-2007
0 Recycled Paper
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, MARCH 9, 1993
RESOLUTION 3993-6 PURSUANT TO SECTION 15.1-238(E) OF THE
CODE OF VIRGINIA, 1950, AS AMENDED, AUTHORIZING THE
ACQUISITION OF AN EASEMENT THROUGH SEPARATE PARCELS OF
LAND OWNED BY G. H. BOARD AND GEORGE D. PEOPLES AND
DEBORAH S. PEOPLES AND ACQUISITION OF A CERTAIN PARCEL OF
LAND IN FEE SIMPLE FROM MICHAEL J. GORDON FOR THE WATER
TRANSMISSION LINE PROJECT
Following a public hearing of the Board of Supervisors of
Roanoke County on Tuesday, February 23, 1993, at 7:00 p.m., after
due notice to the public, this Board makes the following findings
of fact and adopted the following resolution:
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Water Transmission Line Project has been
approved to provide a source of water for the citizens of Roanoke
County.
2. That the project is necessary for the general
health, safety and welfare of the public, and specifically will
provide a long-term water source in Roanoke County.
3. That acquisition of an interest in certain parcels
of land, described below, is necessary for construction of water
transmission lines from the Roanoke County Water Treatment Plant to
southwest Roanoke County.
4. In order to complete this Project, the County needs
to acquire an interest in the properties described below:
(a) OWNER: G. H. Board; property description:
Parcel of land located in 5800 block of
Starkey Road, Roanoke County, Virginia
(Roanoke County Tax Map No. 97.01-1-3)
See attached plat identified as "EXHIBIT All showing water
and sewer easement and temporary construction easement to be
acquired from G. H. Board.
(b) OWNER: George D. Peoples and Deborah S. Peoples;
property description:
Parcel of land located at 6019 Steeplechase
Drive, Roanoke County, Virginia
(Roanoke County Tax Map No. 86.01-2-3)
See attached plat identified as "EXHIBIT B" showing water
and sewer easement and temporary construction easement to be
acquired from George D. Peoples and Deborah S. Peoples.
(c) OWNER: Michael J. Gordon; property description:
Parcel of land located on Ripplebrook Road,
Roanoke County, Virginia
(Roanoke County Tax Map No. 96.02-1-39)
See attached plat identified as "EXHIBIT C" showing
parcel of land in fee simple to be acquired from Michael J. Gordon.
5. That the fair market value of the interest in the
property to be taken and damages to the residue of such property,
if any, is as follows:
PROPERTY OWNER
G. H. Board
George D. Peoples
and Deborah S. Peoples
Michael J. Gordon
FAIR MARKET VALUE
AND DAMAGES, IF ANY
$ 562.00
1,465.00
575.00
6. That each of the landowners have been offered the
amounts listed in paragraph 5 above for an interest in their
E
property and that each offer was refused by the landowners.
Therefore, the only feasible way of acquiring the land described
above is by condemnation.
7. That it is necessary for the County to immediately
enter upon and take possession of the properties described above
and commence construction of such water transmission lines and any
other appurtenances to the water supply system in order to more
adequately serve the needs of the citizens of Roanoke County and to
institute and conduct appropriate condemnation proceedings as to
the above-described property as provided by law and by this
resolution the County hereby states its intent to do so.
8. That pursuant to the provisions of Section 15.1-
238(E) of the Code of Virginia, 1950, as amended, the Board finds
that it is necessary to be vested with those powers granted the
Commonwealth Transportation Commissioner pursuant to Sections 33.1-
119 through 33.1-129, both inclusive, in order to enter upon the
property to be condemned prior or during the condemnation
proceeding for the construction of water transmission lines and any
other appurtenances to the water supply system as described above.
9. That the Roanoke County Board of Supervisors hereby
condemn the interest in the properties shown on Exhibit A, B and C
attached hereto and made a part of this resolution and authorizes
the County Administrator and the County Attorney to sign all papers
and documents necessary to this end on behalf of the County.
10. That the Roanoke County Board of Supervisors shall
in accordance with, Section 15.1-238(E) of the 1950 Code of
3
Virginia, as amended, be vested with those powers granted to the
Commonwealth Transportation Commissioner pursuant to Section 33.1-
119 through 33.1-129, both inclusive, in order to enter upon and
take the condemned property prior to or during the condemnation
proceeding so that the construction and maintenance of the water
transmission lines as described above may be commenced immediately
the Board of Supervisors shall perform the duties and functions
required of the Commonwealth Transportation Commissioner in such
statutes.
11. That notice of this condemnation setting forth the
compensation offered shall be sent by certified mail to the
landowners as described above on , March 12, 1993.
12. That the law firm of Martin, Hopkins and Lemon, P.C.
shall be the duly authorized agent and attorney for the County for
the purpose of instituting condemnation proceedings and the
handling of the acquisition of these properties for the County.
On motion of Supervisor Nickens to adopt the resolution,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens
NAYS: Supervisors Eddy, Minnix
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Paul M. Mahoney, County Attorney
William B. Hopkins, Jr., Counsel for Roanoke County, Certified Copy
Clifford D. Craig, Director, Utility
John D. Willey, Director, Real Estate Assessment
4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, MARCH 9, 1993
ORDINANCE 39993-7 AUTHORIZING THE LEASE AGREEMENT WITH
THE ROANOKE VALLEY YOUTH SOCCER CLUB, INC. OF APPROXI-
MATELY 15 ACRES OF REAL ESTATE LOCATED NORTH OF GLADE
CREEK AT VINYARD PARR NO. 2
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of § 18.04 of the Charter
of Roanoke County, a first reading concerning the lease of
approximately 15 acres of real estate located north of Glade Creek
at Vinyard Park No. 2 was held on January 26, 1993. The second
reading on this matter was held on February 9, 1993, and continued
to March 9, 1993.
2. That it is in the County's best interests to lease this
property to the Roanoke Valley Youth Soccer Club, Inc., a non -stock
Virginia corporation, in order to assist the Club by providing
facilities for its athletic activities. In exchange for the
authorization to utilize a portion of the Vinyard Park No. 2.
property, the Roanoke Valley Youth Soccer Club, Inc. has indicated
its willingness to construct several soccer fields on the property.
3. That the County Administrator is authorized to execute
such documents and take such actions on behalf of Roanoke County as
are necessary to accomplish this transaction, all of which shall be
upon a form approved by the County Attorney.
On motion of Supervisor Johnson to adopt the Ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
1
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
John M. Chambliss, Jr., Assistant County Administrator
Director, Parks & Recreation
Paul M. Mahoney, County Attorney
John D. Willey, Director, Real Estate Assessment
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, MARCH 9, 1993
ORDINANCE 3993-8 VACATING A 50 -FOOT UNIMPROVED PAPER
STREET REFERRED TO AS LOMAN DRIVE AND SHOWN ON THE MAP OF
NORTH BURLINGTON HEIGHTS, SECTION 1 (PB 3, PAGE 57)
WHEREAS, Fred Holdren has requested the Board of Supervisors
of Roanoke County, Virginia to vacate a 50 -foot unimproved paper
street referred to as Loman Drive and shown on the map of North
Burlington Heights, Section 1 in the Hollins Magisterial District
as shown in Plat Book 3, at page 57 of record in the Clerk's Office
of the Roanoke County Circuit Court; and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as
amended, requires that such action be accomplished by the adoption
of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section 15.1-431
of the 1950 Code of Virginia, as amended, and a first reading of
this ordinance was held on January 12, 1993; and the second
reading and public hearing of this ordinance was held on Janury 26,
1993, and continued until March 9, 1993.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That a 50 -foot unimproved paper street referred to as
Loman Drive between the intersections of Dallas Road and Goff Road
and approximately 360 feet in length and shown on the map of North
Burlington Heights, Section 1, in the Hollins Magisterial District
of record in Plat Book 3, at page 57, in the Office of the Clerk of
the Circuit Court of Roanoke County, Virginia, be, and hereby is,
vacated pursuant to Section 15.1-482(b) of the 1950 Code of
Virginia, as amended; and,
2. That as a condition of the adoption of this ordinance, the
County reserves and retains a 20 -foot sewer easement as shown on
the attached plat prepared by the Roanoke County Engineering and
Inspections Department; and,
3. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts
of ordinances in conflict with the provisions of this ordinance be,
and the same hereby are, repealed.
4. That Fred Holdren shall pay all fees required to accom-
plish this transaction and that the Director of the Department of
Engineering and Inspections shall record a certified copy of this
ordinance along with the attached plat in the Circuit Court Clerk's
Office; and
5. That pursuant to § 15.1-485 of the 1950 Code of Virginia,
as amended, the Circuit Court Clerk shall write in plain legible
letters across the part of the plat vacated, the word "vacated" and
also make a reference on the same to the volume and page in which
the instrument of vacation is recorded.
On motion of Supervisor Johnson to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix
NAYS: Supervisors Eddy, Nickens
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Engineering & Inspections
Terry Harrington, Director, Planning & Zoning
Paul Mahoney, County Attorney
Clifford D. Craig, Director, Utility
n,. re T.
--- -- 11 1J 1 1 , i l 1 J. Ill A- - I
NORTH BURLINGTON HEIGHTS SECTION 1
PLAT BOOK 3 PAGE 57
/ LILT 1
e9 PROPERTY OF,
4o DEAN C. HENSON
TAX MAP No. 27.05-8-1
=-Z
NORTH
50' RIGHT-OF-VAY
TO BE VACATED 2 6,ps, LOT 7
2323• PROPERTY OF,
20' S.S. EASEMENT FREDERICK R. HOLDREB
TO BE RETAINED 2'6TAX MAP No. 27.05-8-13
(0.196 Ac.) LOT 3
y9ti � a
PROPERTY OF, dPr Sp.
SANDY MCGLOTHLIN
TAX MAP No. 27.05-9-1
LOT 4
ga �.
PROPERTY OF,
GARY R. DONITHAN (�
TAX MAP' No. 27.05-9-2
ROANOKE COUNTY TO VACATE AND CLOSE A 50 FOOT UNIMPROVED RIGHT-OF-WAY
ENGINEERING & REFERRED TO AS LOMAN DRIVE
INSPECTIONS DEPARTMENT
4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, MARCH 9, 1993
ORDINANCE 3993-9 ACCEPTING AN OFFER FOR AND AUTHORIZING
THE SALE OF 0.493 ACRE, MORE OR LESS, BEING A PORTION OF
TAB MAP NO. 37.07-1-5.1 AND A PORTION OF THE REMAINING
PROPERTY OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY AT
VALLEYPOINTE
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the subject property is declared to be
surplus and is being made available for other public uses; and
2. That pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, a first reading was held on February 23,
1993; and a second reading and public hearing was held on March 9,
1993, concerning the sale and disposition of 0.493 acre, more or
less, being a portion of Tax Map No. 37.07-1-5.1 and a portion of
the remaining property of the Board of Supervisors of Roanoke
County at Valleypointe; and
3. That an offer having been received for said property, the
offer of Lingerfelt Development Corporation to purchase this
property for Fourteen Thousand Four Hundred Ninety Dollars
($14,490) is hereby accepted; and
4. That all proceeds from the sale of this real estate are
to be paid into the capital projects fund; and
5. That the County Administrator is authorized to execute
such documents and take such actions on behalf of Roanoke County as
are necessary to accomplish the conveyance of said property, all of
which shall be upon form approved by the County Attorney.
On motion of Supervisor Kohinke to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Timothy W. Gubala, Director, Economic Development
Paul M. Mahoney, County Attorney
John D. Willey, Director, Real Estate Assessment
Diane D. Hyatt, Director, Finance
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, MARCH 91 1993
ORDINANCE 3993-10 AUTHORIZING THE LEASE
FINANCING OF CERTAIN COUNTY FACILITIES
WHEREAS, the County of Roanoke, Virginia ("County") has
determined that it is necessary and advisable to undertake the
acquisition, renovation, improvement, and equipping of certain
facilities consisting of the real estate on which the County's
administration and Board of Supervisors' offices will be located
and improvements thereon ("County Administration Center") and
improvements to the County facilities located at 3738 Brambleton
Avenue, S.W. and renovations and improvements to the existing
school administration building and annex (collectively, the
"Project") and to obtain financing for the Project through lease
revenue bonds in the maximum principal amount of $4,750,000
("Bonds") to be issued by the Industrial Development Authority of
Roanoke County, Virginia ("Authority"). The County will lease the
County Administration Center to the Authority pursuant to a lease
("Lease"). The Bonds will be payable solely from the revenues
derived by the Authority from the Financing Lease from the
Authority to the County ("Financing Lease") pursuant to which the
Authority will lease the County Administration Center back to the
County and the County agrees to make rental payments, subject to
annual appropriation, sufficient to pay the principal of and
interest on the Bonds; and
WHEREAS, the Bonds will be issued pursuant to the following
documents: (i) Indenture of Trust between the Authority and
1
Crestar Bank ("Trustee"); (ii) Lease; (iii) Financing Lease; (iv)
Deed of Trust from the Authority to the individual trustees named
therein, as trustees; (v) Assignment of Rents and Leases between
the Authority and the Trustee; (vi) Preliminary Official Statement
and Official Statement with respect to the issuance and sale of the
Bonds; and (vii) Bond Purchase Agreement among Alex. Brown & Sons
Incorporated ("Underwriter"), the County and the Authority. All of
the documents listed above, except the Preliminary Official
Statement, Official Statement and the Bond Purchase Agreement, are
to be dated for reference as of March 1, 1993. All of the
documents listed above, except the Bonds, the Preliminary Official
Statement and the Official Statement are referred to in this
Ordinance as the "Basic Documents"; and
WHEREAS, the first reading of this ordinance was held on
February 23, 1993; and the second reading was held on March 9,
1993.
NOW, THEREFORE, be it ordained by the Board of Supervisors of
Roanoke County, Virginia:
1. Issuance of Bonds. The County requests the Authority to
issue its Bonds in the maximum amount of $4,750,000 to be paid from
revenues derived from payments made by the County pursuant to the
Financing Lease.
2. Authorization of Financing Documents. The Bonds and the
Basic Documents are approved in substantially the forms on file
with the County Administrator, with such changes, insertions, or
omissions (including, without limitation, changes of the dates
2
thereof) as may be approved by the Chairman of the Board of
Supervisors or by the County Administrator, whose approval shall be
evidenced conclusively by the execution and delivery of the Basic
Documents to which the County is a party. The execution and
delivery of and performance by the County under the Bonds and the
Basic Documents to which it is a party are authorized.
3. Execution of Documents. The Chairman and Vice Chairman
of the Board of Supervisors and the County Administrator, or any of
them, are authorized to execute on behalf of the County the Basic
Documents to which the County is a party, and, if required, the
County Administrator is authorized and directed to affix or the
cause to be affixed the seal of the County to the Basic Documents
and to attest such seal. Such officers or their designees are
authorized to execute and deliver on behalf of the County such
instruments, documents or certificates, and to do and perform such
things and acts, as they shall deem necessary or appropriate to
carry out the transactions authorized by this Ordinance or
contemplated by the Basic Documents; and all of the foregoing,
previously done or performed by such officers or agents of the
County, are in all respects approved, ratified and confirmed.
4. Sale of Bonds. The County Administrator and the Chairman
of the Board of Supervisors or either of them, is authorized and
directed to consent to the terms of the sale of the Bonds by the
Authority to the Underwriter and to execute and deliver the Bond
Purchase Agreement, provided that (i) the true interest cost of the
Bonds shall not exceed 9%, (ii) the aggregate principal amount of
3
the Bonds shall not exceed $4,750,000 (iii) the sale price of the
Bonds to the Underwriter shall not be less than 97% of the
aggregate principal amount thereof and (iv) the final maturity of
the Bonds shall not be later than 25 years from their date. The
approval of such officers shall be evidenced conclusively by the
execution and delivery of the Bond Purchase Agreement.
5. Approval of Official Statement. The Official Statement
with respect to the issuance and sale of the Bonds is hereby
approved in substantially the form of the Preliminary Official
Statement on file with the County Administrator. The distribution
of the Preliminary Official Statement and the Official Statement is
approved. The County Administrator is authorized to deem the
Preliminary Official Statement "final" for purposes of Securities
and Exchange Commission Rule 15c2-12.
6. Nature of Obligations. Nothing in this Ordinance, the
Bonds or the Basic Documents shall constitute a debt of the County
and the Authority shall not be obligated to make any payments under
the Bonds or the Basic Documents except from payments made by or on
behalf of the County under the Financing Lease. The County
Administrator is directed to submit for each fiscal year a request
to the Board of Supervisors for an appropriation to the Authority
for an amount equal to the rental payments coming due under the
Financing Lease for the next fiscal year. The County's obligations
to make payments to the Authority pursuant to this resolution shall
be subject to and dependent upon annual appropriations being made
from time to time by the Board of Supervisors for such purpose.
4
Nothing in this Resolution, the Bonds or the Financing Lease shall
constitute a pledge of the full faith and credit of the County
beyond the constitutionally permitted annual appropriations.
7. Effective Date. This Ordinance shall take effect
immediately.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS: None
ABSTAIN: Supervisor Eddy
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Diane D. Hyatt, Director, Finance
Paul M. Mahoney, County Attorney
Alfred C. Anderson, Treasurer
Edward A. Natt, Industrial Development Authority
5
I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, MARCH 9, 1993
ORDINANCE 3993-11 VACATING A 10 -FOOT BY 24 -FOOT WATERLINE
EASEMENT LOCATED ON COMMON PROPERTY LINE OF LOTS 37 AND
38, HUNTING HILLS PLACE, SECTION 3 SUBDIVISION (PB 9 PAGE
354) LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT
WHEREAS, Boone, Boone & Loeb, Inc. has requested the Board of
Supervisors of Roanoke County, Virginia to vacate a 10 -foot by 24 -
foot waterline easement located on the common property line of Lots
37 and 38, Hunting Hills Place, Section 3 Subdivision in the Cave
Spring Magisterial District as shown in Plat Book 9, at page 354 of
record in the Clerk's Office of the Roanoke County Circuit Court;
and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as
amended, requires that such action be accomplished by the adoption
of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section 15.1-431
of the 1950 Code of Virginia, as amended, and a first reading of
this ordinance was held on February 23, 1993; and the second
reading of this ordinance was held on March 9, 1993.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That a 10 -foot by 24 -foot waterline easement located on
the common property line of Lots 37 and 38, Hunting Hills Place,
Section 3 Subdivision in the Cave Spring Magisterial District of
record in Plat Book 9, at page 354, in the Office of the Clerk of
the Circuit Court of Roanoke County, Virginia, be, and hereby is,
vacated pursuant to Section 15.1-482(b) of the 1950 Code of
Virginia, as amended; and,
2. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts
of ordinances in conflict with the provisions of this ordinance be,
and the same hereby are, repealed.
3. That Boone, Boone & Loeb, Inc. shall record a certified
copy of this ordinance with the Clerk of the Circuit Court and
shall pay all fees required to accomplish this transaction and in
addition, shall be responsible for all costs and expenses associat-
ed herewith.
4. That as a further condition to the adoption of this
ordinance, the Board of Supervisors of Roanoke County, Virginia,
shall be indemnified of and held harmless from and against all
claims for damages to any improvements or structures within the old
easement area by it, its heirs, successors, or assigns.
On motion of Supervisor Kohinke to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
A COPY TESTE:
Mary H.'Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Engineering & Inspections
Terry Harrington, Director, Planning & Zoning
Paul M. Mahoney, County Attorney
Clifford D. Craig, Director, Utility
G
=--
EXll9T. 10'X 24' WATER 41NE EASEMENT
( TO 3F VAPrEO)
30' A1OHr-OF- NAY FM PRIVATE AOAQ
9, Pu;wa UTI6ITY EASEMENT
NOTE:
THIS PROPERTY IS NOT LOCATED
WITHIN TEE LIMITS OF A 100 YEAR
FLOOD BOUNDARY AS DESIGNATED BY
FL11A. THIS OPINION IS BASED ON
AN INSPECTIO17 OF THE FLOOD I`SU"—
ANCE RATE MAP AND HAS NOT BEEN
VERIFIED BY ACTUAL FIELD
ELEVATIONS. PLAT SKOWING
P540GXi 4, 9E 07f0N•No, 2.
"HUNTING HfM"
O i 3
P,
"HUNTING HILLS PLACE"
SECTION
�fl,t►LTH
�or a
CAVE SPRING MAGISTERIAL DISTRICT
B. ` �
LEE
ROANOKE COUNTY, VIRGINIA
MEq�2
4,1
�
NSD No,
1480,;,-
LUIMSDEN ASSOCIATES, P. C.
ENGINEERS -SURVEYORS -PLANNERS
ROANOKt, VIRGINIA
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=--
EXll9T. 10'X 24' WATER 41NE EASEMENT
( TO 3F VAPrEO)
30' A1OHr-OF- NAY FM PRIVATE AOAQ
9, Pu;wa UTI6ITY EASEMENT
NOTE:
THIS PROPERTY IS NOT LOCATED
WITHIN TEE LIMITS OF A 100 YEAR
FLOOD BOUNDARY AS DESIGNATED BY
FL11A. THIS OPINION IS BASED ON
AN INSPECTIO17 OF THE FLOOD I`SU"—
ANCE RATE MAP AND HAS NOT BEEN
VERIFIED BY ACTUAL FIELD
ELEVATIONS. PLAT SKOWING
TO
i
10' X 24' WATERLINE EASEMENT
TO BE VACATED BY
ROANOKE COUNTY BOARD OF SUPERVISORS
0,1+
"HUNTING HILLS PLACE"
SECTION
�fl,t►LTH
No. 3 (P.B. 9 PG, 354)
CAVE SPRING MAGISTERIAL DISTRICT
B. ` �
LEE
ROANOKE COUNTY, VIRGINIA
HENDEWIN, .JR. -;P
SCALE: I - - 40' DATE: 9 DECEMBER 1992
NSD No,
1480,;,-
LUIMSDEN ASSOCIATES, P. C.
ENGINEERS -SURVEYORS -PLANNERS
ROANOKt, VIRGINIA
TO
i
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, MARCH 9, 1993
ORDINANCE 3993-12.a DECLARING A 0.098 ACRE
PARCEL OF REAL ESTATE KNOWN AS "SUMMERDEAN LOT
All TO BE SURPLUS AND ACCEPTING/REJECTING AN
OFFER FOR THE SALE OF SAME
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the subject property is hereby declared
to be surplus and is being made available for other public uses;
and
2. That pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, a first reading and public hearing was
held on February 23, 1993; and a second reading was held on March
9, 1993, concerning the sale and disposition of a 0.098 acre parcel
of real estate known as "Summerdean Lot All, Tax Map No. 27.12-2-4;
and
3. That an offer having been received for said property, the
offer of Mark Agner to purchase this property for $100.00 is
hereby accepted/ = j eete ; and
4. That all proceeds from the sale of this real estate are
to be paid into the capital projects fund; and
5. That the County Administrator is authorized to execute
such documents and take such actions on behalf of Roanoke County as
are necessary to accomplish the conveyance of said property, all of
which shall be upon form approved by the County Attorney.
On motion of Supervisor Johnson to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Paul M. Mahoney, County Attorney
John D. Willey, Director, Real Estate Assessment
Diane D. Hyatt, Director, Finance
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, MARCH 9, 1993
ORDINANCE 3993-12.b DECLARING A 0.268 ACRE
PARCEL OF REAL ESTATE KNOWN AS "BROOKLAWN WELL
LOT" TO BE SURPLUS AND ACCEPTING/REJECTING AN
OFFER FOR THE SALE OF SAME
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the subject property is hereby declared
to be surplus and is being made available for other public uses;
and
2. That pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, a first reading and public hearing was
held on February 23, 1993; and a second reading was held on March
9, 1993, concerning the sale and disposition of a 0.268 acre parcel
of real estate known as "Brooklawn Well Lot", Tax Map No. 26.20-4-
11; and
3. That an offer having been received for said property, the
offer of Dale and Diane East to purchase this property for
$1,200.00 is hereby accepted74rejeeted; and
4. That all proceeds from the sale of this real estate are
to be paid into the capital projects fund; and
5. That the County Administrator is authorized to execute
such documents and take such actions on behalf of Roanoke County as
are necessary to accomplish the conveyance of said property, all of
which shall be upon form approved by the County Attorney.
On motion of Supervisor Johnson to adopt the ordinance, and
carried by the following recorded vote:
a
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Paul M. Mahoney, County Attorney
John D. Willey, Director, Real Estate Assessment
Diane D. Hyatt, Director, Finance
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, MARCH 9, 1993
RESOLUTION 3993-13 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 the certain section of the agenda of the Board
of Supervisors for March 9, 1993, 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 8,
inclusive, as follows:
1. Minutes of Meetings - January 12, 1993, January 26,
1993, February 9, 1993.
2. Resolution of Support for the Continuation of
Federal Community Service Block Grants to Fund
Total Action Against Poverty.
3. Approval of a Raffle Permit for the Valley Network
Business and Professional Women's Club of Roanoke,
Virginia.
4. Approval of a 50/50 Raffle Permit for 1993 for the
William Byrd High School Cheerleading Booster Club.
5. Approval of Revisions to the Bylaws of the Mental
Health Services of the Roanoke Valley.
6. Request for Acceptance of Bushdale Road into the
Virginia Department of Transportation Secondary
System.
7. Request for Acceptance of Duxbury Lane and Brewster
Circle into the Virginia Department of
Transportation Secondary System.
8. Acceptance of a Quitclaim Deed for Right -of -Way for
Tinkerdale Road Extension.
2. That the Clerk to the Board is hereby authorized and
r
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 Kohinke to adopt the resolution
after discussion of Items 6 and 8, and carried by the following
recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
A COPY TESTE:
.N•
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Engineering & Inspections
Dr. Betty McCrary, Director, Social Services
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, MARCH 9, 1993
RESOLUTION 3993-13.a SUPPORTING THE CONTINUATION OF THE
FEDERAL COMMUNITY SERVICES BLOCK GRANT PROGRAM
WHEREAS, Community Services Block Grants come from the U. S.
Department of Health and Human Services and funds programs that
attack the root causes of poverty, and
WHEREAS, Total Action Against Poverty, Roanoke Valley's local
community action agency, is one of 960 existing agencies throughout
the United States that rely on CSBG for its funding, and
WHEREAS, in 1991, TAP received $1.2 million in CSBG funding
which leveraged an additional $15 million to assist low income
residents in the Roanoke Valley, and
WHEREAS, Community Services Block Grants provided services
such as emergency assistance, technical assistance to low income
community groups, basic education instruction and support services
for youth drop outs, training to unemployed and underemployed, and
supplemental food to needy families, serving 8,484 households and
22,904 persons.
THEREFORE BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, supports the continuation by the federal
government of this valuable program which provides funding for the
Roanoke Valley's community action agency, Total Action Against
Poverty.
BE IT FURTHER RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, that the Clerk to the Board of Supervisors is
directed to send certified copies of this resolution to the United
States Senators and United States Congressmen serving the Roanoke
Valley.
On motion of Supervisor Kohinke to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
A COPY TESTE:
Jam" .
Mary H.1 --Allen, Clerk
Roanoke County Board of Supervisors
cc: File
The Honorable Charles S. Robb, U.S. Senate
The Honorable John Warner, U. S. Senate
The Honorable Robert W. Goodlatte, U. S. Representative
The Honorable Rick Boucher, U. S. Representative
Dr. Betty McCrary, Director, Social Services
Elizabeth Stokes, County Appointee, TAP Board of Directors
Theodore J. Edlich, Executive Director, TAP
A -3993-13.b
ACTION NO.
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: March 9, 1993
AGENDA ITEM: Request for approval
Network Business and
Roanoke, Virginia
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
of a Raffle Permit from Valley
Professional Women's Club of
The Valley Network Business and Professional Women's Club of
Roanoke, Virginia has requested a permit to hold a raffle on April
29, 1993 in Roanoke County. This application has been reviewed
with the Commissioner of Revenue and he recommends that it be
approved. The application is on file in the Clerk's Office.
The organization has paid the $25.00 fee.
STAFF RECOMMENDATION:
It is recommended that the application for a Raffle Permit from the
Valley Network Business and Professional Women's Club of Roanoke,
Virginia, be approved.
SUBMITTED BY: APPROVED BY:
Mary H. Allen Elmer C. Hodge
Clerk to the Board County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Edward G. Kohinke No Yes Abs
Denied ( ) Eddy x
Received ( ) Johnson x
Referred ( ) Kohinke x
To ( ) Minnix x
Nickens x
cc: File
Bingo/Raffle File
K' 3
COUNTY OF ROANOKE, VIRGINIA
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, rules,
ordinances, and regulations now in force, or that may be enacted
hereafter and which are hereby agreed to by the undersigned
applicant and which shall be deemed a condition under which this
permit is issued.
All applicants should exercise extreme care to ensure the accuracy
of their responses to the following questions. Bingo games and
raffles are strictly regulated by Title 18.2-340.1 et. seq. 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 investigation 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 specifically
organized, except for reasonable operating expenses, shall be
guilty of a Class 6 felony.
THIS APPLICATION IF FOR: (check one)
RAFFLE PERMIT ✓ BINGO GAMES r
Name of Organization Vall N'e%worL �L4Slne5S uK P�rotessjanal wow,ev, 5
lllr�iniQ-
Street Address NONE
e �"
Mailing Address o ,r�tmle- Le [er zib Fizr�C mol ae . 5QUA,w—
City, State,
Zip
Code
J0MJtKE , VA
Purpose and
Type
of Organization
,),4-011
a Iity tea -cue -u u1 �itf�xe�o�
When was the organization founded?
Roanoke County meeting place? Ak,11Lk4 d1 hev ns �6
K-3
Has the organization been in existence in Roanoke County for two
continuous years? YES ✓ NO
Is the organization non-profit? YES ✓ NO
Federal Identification Number NIA -
Attach copy of IRS Tax Exemption Letter. AIA
Officers of the Organization:
President: Liy,dA UcArLkam Vice -President EVel n r'ad%ww-
Address: FO.&I 667 Address: PU. &3
Salem, �a 2 s-;
Secretary: ,Qclhf e i �L evSoY� Treasurer: A,. wKine,
Address: 330 �)W Address: 6. 50� 138-(,
"Lu, VX Not;-, KOLL, olct Vii agoli
Member authorized to be responsible for Raffle or Bingo operations:
Name: �Mk- �rr�1'1h
Home Address 5t�,21 LAke.l" Drtvt, SLIJ R6&44 -A cUg �2k1l
Phone 1g111716 Bus Phone
A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBERSHIP
MUST BE FURNISHED WITH THIS APPLICATION. (5EFe 4rrA,(+k,�0 6jSr)
Specific location where Raffle or Bingo Game is to be conducted.
RAFFLES: Date of Drawing 4-�-I,J3
Time of Drawing KErnl
BINGO: Days of Week and Hours of Activity:
Sunday
From
To
Monday
From
To
Tuesday
From
To
Wednesday
From
To
Thursday
From
To
Friday
From
To
Saturday
From
To
State specifically how the proceeds from Bingo/Raffle will be used.
List in detail the planned or intended use of the proceeds. Use
estimated amounts if necessary.
a-u- Fu
Jcud
o %e, �1 i've0 as 2 5chaiQr�S��p
3
V-3
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 calendar
year period.
BINGO INSTANT BINGO
1st
Quarter
1st
Quarter
2nd
Quarter
2nd
Quarter
3rd
Quarter
3rd
Quarter
4th
Quarter
4th
Quarter
TOTAL
TOTAL e-
2. Does your organization understand that it is a violation of
law to enter into a contract with any person or firm, association,
organizatio.n, partnership, or corporation of any classification
whatsoever, for the purpose of organizing, managing, or conducting
Bingo Games or Raffles?
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?
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 records
required to be maintained for Bingo games or raffles? t�
4
�_ 3
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 DECEMBER of each calendar year for which a permit has
been issued?
6. Does your organization understand that if gross receipts
exceed fifty thousand dollars during any calendar quarter, an
additional Financial Report must be filed for such quarter no later
than sixty days following the last day of such quarter?
61
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? 5-4
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, community,
or educational purposes for which the organization is specifically
chartered or organized, and that the operations 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 two (2) 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 December?
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, operations, or
conduct of any bingo game or raffle, and no person shall receive
any remuneration for participating in management, operations, or
conduct of any such game or raffle? t -W
12. Has your organization attached a check for the annual permit
fee in the amount of $25.00 payable to the County of Roanoke? �
5
13. Does your organization understand that any organization found
in violation of the County Bingo and Raffle Ordinance or Section
18.2-340.10 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?
14. Has your organization attached a complete list of its
membership to this application form? �1±
15. Has your organization attached a copy of its bylaws to this
application form? co
16. Has the organization been declared exempt from property
taxation under the Virginia Constitution or statues? NIA
If yes, state whether exemption is for real, personal property, or
both and identify exempt property. LNgQnaA�lon doe Ko - leave-c,hL,1 veal
Yt3 GY 1
17. State the specific type and purpose of the organization.
5FW w ciLdi cam! 4e (t Lk" ►"4 �,
AM -d k t -U ,Q�,c.,t is w„c� A✓ _ ( A »T,11 .-&'Uall r �Y,�za..+,a�
T
18. Is this organization incorporated in Virginia? All
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? 1JIA-
(If so, attach copy of registered agent.)
Has the organization been granted an exemption from registration by
the Virginia Department of Agriculture and Consumer Affairs? NIP -
(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
�lti4L�-�t� G�e�t-�-� i ,ell✓ Q��-zc��
a�►�-�-����11-- ��• �iL; . Gc , l c �'� cit- C`yw�''�� �/�Y°� � �s,�
C 'uzu-� `
K- 3
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN 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: q ��.`,J.
Name Title Home Address
Subscribed and sworn before me, this qday of 19 93
in the County/City of Virginia.
My commission expires:
Notary Public
RETURN THIS COMPLETED APPLICATION TO:
COMMISSIONER OF THE REVENUE
P.O. BOX 20409
ROANOKE, VA 24018-0513
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. /
2- l-3 G✓
Date Co issioner o the Revenue
The above application is not approved.
Date Commissioner of the Revenue
01
A -3993-13.c
ACTION NO.
ITEM NUMBER n"
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: March 9, 1993
AGENDA ITEM: Request for approval of
Calendar Year 1993 from
Cheerleading Booster Club
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
a 5/50 Raffle Permit for
William Byrd High School
The William Byrd High School Cheerleading Booster Club has
requested a permit to hold 50/50 raffles in Roanoke County at all
home athletic events during the calendar year 1993. Schedules
showing the dates of the athletic events are attached to the
application.
This application has been reviewed with the Commissioner of Revenue
and he recommends that it be approved. The application is on file
in the Clerk's Office.
The organization has paid the $25.00 fee.
STAFF RECOMMENDATION:
It is recommended that the application for a 50/50 Raffle Permit
from the William Byrd High School Cheerleading Booster Club be
approved.
SUBMITTED BY: APPROVED BY:
Mary H. Allen Elmer C. Hodge
Clerk to the Board County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Edward G. Kohinke No Yes Abs
Denied ( ) Eddy x
Received ( ) Johnson x
Referred ( ) Kohinke x
To ( ) Minnix x
Nickens x
cc: File
Bingo/Raffle File
k-�
COUNTY OF ROANOKE, VIRGINIA
COMMISSIONER OF THE REVENUE
APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO
Application is hereby made for a bingo game or �affle permit. This
application is made subject to all County and State laws, rules,
ordinances, and regulations now in force, or that may be enacted
hereafter and which are hereby agreed to by the undersigned
applicant and which shall be deemed a condition under which this
permit is issued.
All applicants should exercise extreme care to ensure the accuracy
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 investigation 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. Xny person who
uses any part of the gross receipts from bingo or kajfles for any
purpose other than the lawful religious, charitable, community, or
educational purposes for which the organization is specifically
organized, except for reasonable operating expenses, shall be
guilty of a Class 6 felony.
THIS APPLICATION IF FOR: (check one)
RAFFLE PERMIT BINGO GAMES
Name of Organization
WILLIAM
BYRD
HIGH SCHOOL CHEERLEADING BOOSTERS CLUB
Street Address 2902
Wasidinaton
Avenue
Mailing Address same as above
City, State, Zip Code Vinton, VA 24179
Purpose and Type of Organization this Club shall be to
support WBHS Cheerleading- and to be of service to them, offering financial
support as well as a voice in dealing with others.
When was the organization founded? 19.85
Roanoke County meeting place? WBHS
K-1
Has the organization been in existence in Roanoke County for two
continuous years? YES XX NO
Is the organization non-profit? YES xx NO
Federal Identification Number 546001576
Attach copy of IRS Tax Exemption Letter. n/a
Officers of the Organization:
Co -Pres. Linda Bryant Brenda Bain
President:Cn-Pru ins TaTcIPr Vice -President
L.Bryant: 1149 Finney Drive
Address: I.Isler:1872 Cranwell DAddress: 4638 Red Barn Lane
Secretary: Tanet Hiler Treasurer: Rarhara Ellis
Address: 2018 Surr y ,an- Address: 3938 Horsepen_Mountain Drive
Member authorized to be responsible for Raffleor Bingo operations:
Name: Martha Gray Janet Hiler
Home Address 537 Aragona Dr 2038 Surrey Lane
Phone 5C4 � nton, VA Phone Rgoano7e2 VA
-5391
A cba TE 981N"OF THE NAM �r"D9"biiiSES OF CURRENT MEMBERSHIP
MUST BE FURNISHED WITH THIS APPLICATION.
Specific location where Caffle or Bingo Game is to be conducted.
RAFFLES: Date of Drawing ALL HOME Time of Drawing n„rinq half -time
ATHLETIC EVENTS th u 1993 of athletic event
BINGO: Days of Week and Hours of Activity:
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
From
To
From
To
From
To
From
To
From
To
From
To
From
To
2
,�e�F zli e�Y 3
State specifically how the proceeds from Bingo Raff a will be used.
List in detail the planned or intended use of a proceeds. Use
estimated amounts if necessary.
To purchase WBHS Varsity and Junior Varsity Cheerleading Uniforms
as needed.
Includes: Sweaters, Skirts, Jumpers
Pompoms
3
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 calendar
year period.
BINGO INSTANT BINGO
1st 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, association,
organization, partnership, or corporation of any classification
whatsoever, for the purpose of organizing, managing, or conducting
Bingo Games or Raffles? YES
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? YES
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 records
required to be maintained for Bingo games or raffles? YES
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 DECEMBER of each calendar year for which a permit has
been issued? YES
6. Does your organization understand that if gross receipts
exceed fifty thousand dollars during any calendar quarter, an
additional Financial Report must be filed for such quarter no later
than sixty days following the last day of such quarter? YES
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, community,
or educational purposes for which the organization is specifically
chartered or organized, and that the operations 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? YES
9. Does your organization understand that a two (2) 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 December? YES
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? YES
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, operations, or
conduct of any bingo game or raffle, and no person shall receive
any remuneration for participating in management, operations, or
conduct of any such game or raffle? YES
12. Has your organization attached a check for the annual permit
fee in the amount of $25.00 payable to the County of Roanoke? YES
5
K -Y
13. Does your organization understand that any organization found
in violation of the County Bingo and Raffle Ordinance or Section
18.2-340.10 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? YES
14. Has your organization attached a complete
membership to this application form? YES
list of its
15. Has your organization attached a copy of its bylaws to this
application form? YES
16. Has the organization been declared exempt from property
taxation under the Virginia Constj}ution or statues? 392
If yes, state whether exemption is -ir real, personal property, or
both and identify exempt property. N A
17. State the specific type and purpose of the organization.
WBHS Cheerleading Boos rs .luh--nu_rnnse to sunnort Cheerleading
at WBHS thrmigh sPrvicP and effP-rinna,finan ial support as needed.
18. Is this.organization incorporated in Virginia? mn
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? bio
(If so, attach copy of registered agent.)
Has the organization been granted an exemption from registration by
the Virginia Department of Agriculture and Consumer Affairs?9
(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
DOUBLE -WIDE NUMBERED
TICKETS
(one side goes to
person, other side
into drawing;
Fair Market Value
50 cents per chance
6
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS
I hereby swear or affirm under the penalties of perjury as set
forth in 818.2 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.
Pr
N me Title Home Addrebs
Subscribed and sworn before me this day of 19
in the County/City ofy�oci_,,o: , Virginia.
My commission expires:
r
`T d cL l 3. 1 G 3 19
tary Public
RETURN THIS COMPLETED APPLICATION TO:
COMMISSIONER OF THE REVENUE
P.O. BOX 20409
ROANOKE, VA 24018-0513
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.
�;LI 3 -
Date Comm ssioner f the Revenue
The above application is not approved.
Date Commissioner of the Revenue
A -3993-13.d
ACTION NO.
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: March 9, 1993
AGENDA ITEM: Request from Mental Health Services of the
Roanoke Valley for Approval of Revisions to
their Bylaws
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
At their February 4, 1993 meeting, the Board of Directors of the
Mental Health Services of the Roanoke Valley approved several
revisions to their bylaws. A copy of the amended bylaws is
attached.
These revisions change the name of the agency to the Blue Ridge
Community Services which more accurately reflects the variety of
populations served within the member jurisdictions. The revisions
also bring the bylaws into compliance with current standards set by
the Department of Mental Health, Mental Retardation and Substance
Abuse Services.
The Code of Virginia requires that any changes to the bylaws be
ratified by the governing body of each member jurisdiction.
STAFF RECOMMENDATION:
It is recommended that the Board of Supervisors ratify the
revisions to the attached bylaws.
Mary H. Allen
Clerk to the Board
Approved
Denied ( )
Received ( )
Referred ( )
To ( )
ew-
Elmer
C. Hodge
County Administrator
ACTION VOTE
Motion by: Edward G. Kohinke No
cc: File
Mental Health Services
Ms. Rita J. Gliniecki,
Eddy
Johnson
Kohinke
Minnix
Nickens
Yes Abs
X
x
X
X
x
of Roanoke Valley File
Chairman, MHSRV Bd of Directors
COUNTY ADMINISTRATOR
ELMER C. HOOGE
(703) 772-2004
Nu,vuntig of Ruranake
P.O. BOX 29800
ROANOKE, VIRGINIA 24018-0798
February 25, 1993
Ms. Rita J. Gliniecki, Chairman
MHSRV Board of Directors
301 Elm Avenue, S.W.
Roanoke, VA 24016-4026
Dear Ms. Gliniecki:
a -
BOARD OF SUPERVISORS
H. ODELL "FUZZY' MINNIX, CHAIRMAN
CAVE SPRING MAGISTERIAL DISTRICT
LEE B. EDDY, VICE-CHAIRMAN
WINDSOR HILLS MAGISTERIAL DISTRICT
BOB L. JOHNSON
HOWNS MAGISTERIAL DISTRICT
EDWARD G. KOHINKE, SR.
CATAWBA MAGISTERIAL DISTRICT
HARRY C. NICKENS
VINTON MAGISTERIAL DISTRICT
(703) 772-2005
Thank you for the copy of your Bylaws as passed by your Board of
Directors on February 4, 1993. I will ask the Clerk to place it on
the agenda for our March 9, 1993 Board Meeting for immediate
action.
We in the County take great pride in the things you and your staff
do in the Roanoke Valley and are extremely grateful to be
associated with Mental Health Services of Roanoke Valley.
Thanks again for the update and please call me if I can be of
service.
HOM/bj h
cc: Elmer Hodge, County
Mary Allen, Clerk to
Board Reading File
Sincere y,
H. Odell "Fuzzy" Minnix,
Roanoke County Board of
Cave Spring Magisterial
Administrator
the Board
0 Recycled Pape.
Chairman
Supervisors
District
K-5
Our Board recommends ratification of the
changes in our Bylaws as required by regulations
promulgated under Title 37.1, Chapter 10 of the
Code of Virginia, and requests that they be placed
on your agenda for consideration at your next
scheduled meeting.
If you have any questions about the changes or
need additional information, please contact Dr.
Fred P. Roessel, Jr., our Executive Director.
Thank you for your continued support of our efforts
to serve the residents of the Valley.
Sincerely,
��a �. 11.�0.�O.c�►
Rita J. Gliniecki, Chairman
MHSRV Board of Directors
C: Elmer C. Hodge
Board of Supervisors
MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY - Executive Offices
301 Elm Avenue, SW, Roanoke, Virginia 24016-4026 - (703) 345-9841 FAX (703) 342-3855
Serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke
February 19, 1993 ;
i
H. Odell "Fuzzy" Minnix, Chairman
Roanoke County Board of Supervisors
P. 0. Box 29800
Roanoke, VA 24018-0798
Dear Mr. Minnix:
At its regular meeting on February 4, 1993,
the Board of Directors of Mental Health Services of
r�
the Roanoke Valley passed the enclosed revisions to
our Bylaws, which are being sent to you for your
ratification. These revisions are primarily to
change the name of the agency to reflect the
ma„
variety of disability populations we serve within
.::aJ.GlinieCKi
our five member jurisdictions and to incorporate
eCna",—
rziee Ware
the phrase "Community Services" which is shared by
35 out of 40 similar organizations throughout the
,nn M. H-cc:ns. Jr.
Commonwealth. In addition these revisions bring
,
our Bylaws into compliance with the current
?:mmein :
esa ,
K. C
standards set by the Department of Mental Health,
,ecw„—b!"C:o,
Mental Retardation and Susbtance Abuse Services and
rreaP.Roessei.Jr.,Ph.D.
reflect the current operating practices of the
Board. Additions to the currently approved Bylaws
are underscored and deletions have been lined
through.
Our Board recommends ratification of the
changes in our Bylaws as required by regulations
promulgated under Title 37.1, Chapter 10 of the
Code of Virginia, and requests that they be placed
on your agenda for consideration at your next
scheduled meeting.
If you have any questions about the changes or
need additional information, please contact Dr.
Fred P. Roessel, Jr., our Executive Director.
Thank you for your continued support of our efforts
to serve the residents of the Valley.
Sincerely,
��a �. 11.�0.�O.c�►
Rita J. Gliniecki, Chairman
MHSRV Board of Directors
C: Elmer C. Hodge
Board of Supervisors
MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY - Executive Offices
301 Elm Avenue, SW, Roanoke, Virginia 24016-4026 - (703) 345-9841 FAX (703) 342-3855
Serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke
LY-LA',dS
for
r4Eri=�� i�EASTi� SER6�TE£S GF THE R9ANe;iS VAbEEY
BLUE RIDGE COMMUNITY SERVICES
ARTICLE I The name shall be MENTAE H_=ASTH SERi3TESS 9E THE
R9AN9KE VAEEn- BLUE RIDGE COMMUNITY SERVICES.
ARTICLE II PURPOSE
Section 1. To provide a system of comprehensive
community mental health, mental retardation and substance abuse
services under local control.
planned programs. Section 2. To relate and integrate existing and
Section 3. To assure quality service and
continuity of care in the areas of prevention, case finding,
consultation, diagnosis, treatment, care, training, prescreening,
case management, and rehabilitation by the establishment of new
programs under direct administration of the Meatal Heaitij
Seen-ieee Beaxd Blue Ridge Community Services where current
programs are non-existent or inadequate, or by entering into
affiliatory agreements with agencies already providing services
for the enhancement of those services, or for the creation of
such services.
Section 4. To provide continuing education to
the public, ongoing research, training of personnel and
evaluation of ongoing programs.
ARTICLE III MEPIBERSHIP
Membership shall number sixteen, with three
members each from the Cities of Roanoke and Salem and the
Counties of 3otetourt and Roanoke, and one member from the County
of Craig. Three members at large are to be recommended by the
Board and must be approved by the five jurisdictions.
This Board shall represent the Cities of Roanoke
and Salem and the Counties of Botetourt, Craig, and Roanoke who
shall appoint Board members and shall notify the Board of
appointees. The term of office shall be for three years from the
first day of January of the year of appointment. Terms of office
will be staggered to provide that no more than six terms expire
in a given year. Any adjustment to the expiration date or
current terms will be accomplished by attrition through expiring
terms or other vacancies. 7cancies shall be filled for the
unexpired term. No person shall be eligible to serve more than
two successive three year terms, provided that persons heretofore
and hereafter appointed to fill vacancies may serve two
additional successive terms. Any member of the Board may be
1
Section 9. To prescribe a reasonable schedule
of fees for services provided by personnel or facilities under
the jurisdiction or supervision of the Board and for the manner
of collection of same; provided, however, that all collected fees
shall be deposited in a special account designated by the
Political subdivision serving as fiscal agent as Specified by
agreement of the participating governments; provided, further,
that such collected fees shall be used only for community mental
health, mental retardation and substance abuse purposes.
Section 13. To accept or refuse gifts,
donations, bequests or grants of money or _property from any
source and utilize the same as authorized by the political
subdivisions, of whic:: it is an agency.
Section 11. To seek and accept f,:nds through
State and Federal grants and maintain a line of credit sufficient
to maintain the day-to-day operations of the programs under its
jurisdiction.
Section 12. To maintain and promote awareness
among the membership of a Board Orientation Manual.
Section 13. To ensure that the financial records
Of Blue Ridge Community Services are audited annual and that
the auditor's report is submitted to the political jurisdictions,
of which it is an 22fncy and to the Department of Mental Health,
Mental Retardation, and Substance Abuse Services.
ARTICLE V OFFICERS
Section 1. Officers of this Board shall be
Chairman, Vice -Chairman, Secretary and Treasurer.
Section 2. The duties of the Chairman shall be:
a. To preside at all meetings of the Board and
the Executive Committee.
b. To appoint all committees deemed necessary
for the operation of the Board as authorized
by the Board.
C. To work closely with the Executive Director
and staff.
d. To perform any other duties determined by
the Board.
e. To keep the Commissioner of Mental health
and, Mental Retardation,and Substance Abuse
Services appropriately informed of the
activities of the Board.
Section 3. The Vice -Chairman shall, in the
3
Representation of each jurisdiction shall be assured by the
appointment of a member to the Executive Committee when no
elected officer represents such jurisdiction.
Section 2. It shall be the duty of this
Committee to conduct the necessary business between meetings of
the Board. All actions taken are subject to ratification at the
next regular meeting of the Board.
Seetlen 3- =h}s shall regt�larty
`ems}ew peeleafRe a}tiztef operated 4€teet4:y at t4teugj-t eeattaeteal
agfeeFRents to enssfe the adegttaey e€ serer}ee; een€erinanee to
Standards aeeepte47 and fame eertaln that eammditlty needs e€
-ental Health; ffiental retardatlen and sd65tanee a6d5e are he-nj
�Ret-
Section 4 3. It shall be the duty of this
committee to conduct an annual evaluation of the Executive
Director for presentation to the full Board and to act for the
Board in contract negotiations with the Executive Director.
ARTICLE IX STANDING COMMITTEES
The Chairman of the Board and the Executive
Director will be ex -officio members of all committees to which
they are not specifically appointed.
There shall be the following standing
committees, whose function shall be advisory to the Board:
Section 1. Budget and Finance. This Committee
shall review the budgets, financial affairs and policies, and
audit reports of the agency and its subcontractors and make
recommendations to the full Board. In addition, it shall aid in
the presentation of budgets at various levels of governments.
Section 2. Community Relations. This Committee
shall implement a program of information for the various agencies
and governments and the public in conjunction with the Executive
Director.
Section 3. Mental Retardation Committee. This
Committee will review community mental retardation programs and
make recommendations to the Board for the enhancement of mental
retardation services. In addition, this Committee will develop
leng-fange Plans -far atental fetafdatlen to pfesent to the Beard
far -its een9ldefat4en participate in the Board's plateprocess
for the Mental Retardationro ram area.
Sect. n 4. Personnel Committee. The function
of this committee is,to review and make recommendations to the
Board concerning personnel policies and guidelines.
Section 5. Mental Health Committee. This
Committee will review community mental health programs and make
5
consisting of directors who were not parties to such action, suit
or proceeding, or (ii) if such a quorum is not obtainable, or,
even if obtainable, a quorum of disinterested directors so
directs, by independent legal counsel in a written opinion. If
the determination is to be made by the Board of Directors, it may
rely, as to all questions of law, on the advice of independent
counsel.
Section 3. Expenses incurred in defending an
action suit or proceeding, whether civil, administrative or
investigative, may be paid by Hental Health Servlees of the
Roanoke Valle. Blue Ridge Communitv Services in advance of the
final disposition of such action,- suit or proceeding as
authorized by vote of the persons provided in subsection (2) of
this section, upon receipt of an undertaking by or on behalf of
the director or officer to repay such amount unless it shall
ultimately be determined that he is entitled to be indemnified by
Mental Health Servlees of the Roanoke Valle* Blue Ridge Community
Services as authorized in this section.
Section 4. The right of indemnification pro-
vided by this section shall not be exclusive of any other rights
to which any director or officer may be entitled, including any
right under policies of insurance that may be purchased and
maintained by Mental Health Servlees of the Roanoke Valley Blue
Ridge Community Services or others, even as to claims, issues or
matters in relation to which Mental Health Sera#ees of the
Roanoke Halley Blue Ridge Community Services would not have the
power to indemnify such director or officer under the provisions
of this section.
Section 5. Mental Health Serviees of the Roanoke
Valley Blue Ridge Community Services may purchase and maintain at
its sole expense insurance against all liabilities or losses it
may sustain in consequence of the indemnification provided for in
this section, in such amounts and on such terms and conditions as
the Board of Directors may deem reasonable.
ARTICLE XI CONSUMER INVOLVEMENT
It shall be the policy of this Board to
encourage, and be receptive to, consumer involvement. Meetings
of the Board shall be open to the public. Liaison with
identified consumer groups will be maintained to facilitate
Optimum consumer involvement. Periodic reports (such as the
Mental Health Servlees of the Roanoke Valle* Blue Ridge Community
Services Annual Report, Newsletter, and evaluation reports) will
Be available to the public, and copies distributed to appropriate
consumer organizations.
JC
ARTICLE XII ORIENTATION Or NEW BOARD 14EIlBERS
New members will receive a copy of all pertinent
Board and Agency orientation materials (by-laws, Program Service
Directory, etc.) as a means of familiarization of Mefltal Rea -14b
7
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, MARCH 9, 1993
RESOLUTION 3993-13.e REQUESTING ACCEPTANCE OF
BUSHDALE ROAD INTO THE VIRGINIA DEPARTMENT
OF TRANSPORTATION SECONDARY ROAD SYSTEM
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
proceedings herein, and upon the application for Bushdale Road, a
section of road extending from Mayfield Drive (Route 659) in a
southeasterly direction 0.29 miles to a turnaround located at its
terminus, pursuant to Section 33.1-72.1, Paragraph C-1 of the Code
of Virginia of 1950, as amended.
2. That this Board does guarantee the Commonwealth of
Virginia an unrestricted right-of-way of 40 feet for streets with
necessary easements for drainage as recorded in Deed Book 1358,
Pages 01492, 01497, 01501, and Deed Book 1360, Pages 00748, 00751,
00757, 00762, 00765, 00771, 00776, 00782, 00786, and Deed Book
1373, Page 00990, and Deed Book 1377, Pages 00658, 01344, and Deed
Book 1380, Page 01093; Deed Book 1394, Page 781 and Deed Book 1394,
Page 785 in the Roanoke County Clerk's Office.
3. That this Board does certify that this road was opened to
public use prior to July 1, 1980, at which time it was open to and
used by motor vehicles.
4. That this Board does certify that speculative interest is
not involved.
5. That said road known as Bushdale Road and which is shown
on a certain sketch accompanying this resolution, be, and the same
is hereby established as a public road to become a part of the
state secondary system of highways in Roanoke County, only from and
after notifications of official acceptance of said street or
highway by the Virginia Department of Transportation.
On motion of Supervisor Kohinke to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
A COPY TESTE:
'-/� cX-
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Engineering & Inspections
copy for Virginia Department of Transportation
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, MARCH 9, 1993
RESOLUTION 3993-13.f REQUESTING ACCEPTANCE
OF DIIBBURY LANE AND BREWSTER CIRCLE
INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY ROAD SYSTEM
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
proceedings herein, and upon the application of Duxbury Lane, 0.15
miles, from its intersection with Texas Hollow Road (Virginia
Secondary Route #641) to its cul-de-sac and 0.05 miles of Brewster
Circle, from its intersection with Duxbury Lane to its cul-de-sac
to be accepted and made a part of the Secondary System of State
Highways under Section 33.1-229 of the Virginia State Code.
2. That it appears to the Board that drainage easements and
a fifty (50) foot right-of-way for said roads has heretofore been
dedicated by virtue of a certain map known as Duxbury Court
Subdivision which map was recorded in Plat Book 11, Page 170, of
the records of the Clerk's Office of the Circuit Court of Roanoke
County, Virginia, on July 12, 1989 and that by reason of the
recordation of said map no report from a Board of Viewers, nor
consent or donation of right-of-way from the abutting property
owners is necessary. The Board hereby guarantees said drainage
easements and a right-of-way for the street.
3. That said roads known as Duxbury Lane and Brewster Circle
and which are shown on a certain sketch accompanying this
Resolution, be, and the same are hereby established as public roads
to become a part of the State Secondary System of Highways in
Roanoke County, only from and after notification of official
acceptance of said street or highway by the Virginia Department of
Transportation.
On motion of Supervisor Kohinke to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Engineering & Inspections
copy for Virginia Department of Transportation
ACTION # A -3993-13.g
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: March 9, 1993
AGENDA ITEM: Acceptance of a Quitclaim Deed for right-of-way for
Tinkerdale Road Extension
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND
SUMMARY OF INFORMATION
This consent agenda item involves the quitclaim of right-of-
way to the Board of Supervisors of Roanoke County, Virginia by the
following residents of Tinkerdale Road in the Hollins Magisterial
District:
1.
Marlin E.
& Doris J. Conner (Deed Book 673,
Page
124);
2.
James M.
& Melissa D. Conner (Deed Book 1252,
Page
0094) ;
3.
Frank R.
& Carol P. Gibson (Deed Book 898, Page
69) ;
4.
Billy J.
& Ruth R. Pyles (Deed Book 840, Page
240
and Deed
Book 1031, Page 157);
5.
Mary C. Riley (Deed Book 817, Page 11);
6.
Howard W.
& Juanita C. Bean (Deed Book 1351,
Page
01504);
7.
Jay Gary
& Joan H. Naff (Deed Book 1266,
Page
00851) .
This quitclaim of right-of-way is necessary because there was
not a record plat for this subdivision. When each lot was created
an easement of access was granted by Mr. R. L. Walrond, the
original owner. Reference "Exhibit All attached to the document.
STAFF RECOMMENDATION
Staff recommends acceptance of the quitclaim deed for right-
of-way for the Tinkerdale Road Extension.
ITTED BY: APPROVED BY:
Arnold Covey, Direct r Elmer C. Hodge
of Engineering & Inspections County Administrator
---------------------------------------------------------------
ACTION VOTE
Approved ()9 Motion by: Edward G. Kohinke No Yes Abs
Denied ( ) Eddy X
Received ( ) Johnson X
Referred Kohinke X
To Minnix X
Nickens X
cc: File
Arnold Covey, Director, Engineering & Inspections
METES AND BOUNDS DESCRIPTION SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS,
PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY.
175.00'
133.88'
to
h
� �
cc
PYLES
GIBSON CONNERv)
, J.M.
CONNER. M.E.
IC
lc
y
TAX
N0. 27.00- TAX NM 27.05-12-7 TAX NM 27.05-12-2
TAX NM 27.00-12-6
R �O'
L12-8
� 56.57
133.84'
133.85' 175.00'
187.90'
MNWW&E ROAD (RT. 1860)
50 FOOT R—O—W TO BE QUITCLAIMED WITH THIS INSTRUMENT
177.58'
148.87 139.19
177.51'
R e 25.00'
BUSSEY
tr
L e 37.31'
0
to
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742.10
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NOTES
1. THIS PLAN REPRESENTS A COMPOSITE OF INFORMATION OBTAINED
FROM DEEDS AND TAX MAPS AND DOES NOT REFLECT A DETAILED
SURVEY. REFERENCE THE FOLLOWING:
DB 673, PG 124; DB 1252, PG 944; DB 898, PG 69;
DB 1031, PG 157; DB 840, PG 240; DB 1351, PG 1504;
DB 817, PG 11; DS 1266, PG 851
AS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT,
ROANOKE COUNTY, VIRGINIA.
TAX MAP NO. SCALE: n t S
EXHIBIT "A"
�PREPAREDBY: ROANOKE COUNTY ENGINEERING DEPARTMENT DATE:
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, MARCH 9, 1993
RESOLUTION 3993-14 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant to
an affirmative recorded vote and in accordance with the provisions
of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that, to
the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies, and
2. Only such public business matters as were identified
in the motion convening the executive meeting were heard, discussed
or considered by the Board of Supervisors of Roanoke County,
Virginia.
On motion of Supervisor Nickens to adopt the Certification
Resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Executive Session