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HomeMy WebLinkAbout3/23/1993 - 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 23, 1993 RESOLUTION 32393-1 SETTING THE TAX RATE ON REAL ESTATE SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1993 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the levy for the twelve-month period beginning January 1, 1993, and ending December 31, 1993, be, and hereby is, set for a tax rate of $1.13 per one hundred dollars of assessed valuation on all taxable real estate and mobile homes classified by §§ 58.1-3200, 58.1-3201, and 58.1-3506.B of the 1950 Code of Virginia, as amended, situate in Roanoke County. 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: Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance Reta B. Busher, Director, Management & Budget John D. Willey, Director, Real Estate Assessment Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 RESOLUTION 32393-2 SETTING THE TAB LEVY ON ALL CLASSES OF PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1993 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the levy for the twelve-month period beginning January 1, 1993, and ending December 31, 1993, be, and hereby is, set for a tax rate of $3.50 per one hundred dollars of assessed valuation on all taxable, tangible personal property, excluding all those classes of household goods and personal effects as are defined in §§ 58.1-3504 and 58.1-3505 of the 1950 Code of Virginia, as amended, but including the property separately classified by §§ 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3506 in the 1950 Code of Virginia, as amended, of public service corporations based upon the assessed value thereof fixed by the State Corporation Commission and duly certified. 2. That there be, and hereby is, established as a separate class of personal property in Roanoke county those items of personal property set forth in § 58.1-3506 of the 1950 Code of Virginia, as amended, and adopted by Ordinance No. 121592-11, and generally designated as Motor Vehicles for Disabled Veterans . 3. That the levy for the twelve-month period beginning January 1, 1993, and ending December 31, 1993, be, and hereby is, set at fifty (50%) percent of the tax rate established in paragraph 1 for the taxable, tangible personal property as herein established 1 as a separate classification for tax purposes and as more fully defined by § 58.1-3506 of the 1950 Code of Virginia, as amended, and generally designated as Motor Vehicles for Disabled Veterans. 4. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in § 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. 5. That the levy for the twelve-month period beginning January 1, 1993, and ending December 31, 1993, be, and hereby is, set for a tax rate of $3.00 per one hundred dollars of assessed valuation on all taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by § 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. 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: Qaft� Brenda J. Ho .on, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance Reta B. Busher, Director, Management & Budget John D. Willey, Director, Real Estate Assessment Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue 2 ACTION # A-32393-3 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 23, 1993 SUBJECT: Request for Adoption of Cable Television Budget COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND INFORMATION: The County of Roanoke, Town of Vinton and City of Roanoke are members of a Regional Cable Television Committee, which oversees operation of the Local Govern- ment/Education Access Channel. The Committee is funded by the County of Roanoke, the Town of Vinton and the City of Roanoke. Each locality has agreed to fund this operation in an amount up to one percent of the franchise fee which is collected. The funding is based on the share of the total amount of cable television subscribers living in each jurisdiction. Under this formula, Roanoke City funds 58.57 percent of the budget, Roanoke County funds 34.11 percent of the budget and the Town of Vinton funds 7.32 percent. SUMMARY OF INFORMATION: The Board of Supervisors approved a budget for the Regional Cable Television Committee on September 8, 1992, which provided for 8 months of operation in Fiscal Year 1992- 93. The Regional Cable Television Committee hired Angela McPeak as Station Manager in February, 1993, and Ms. McPeak has prepared a proposed Budget for operation of the studio in FY 1993-94. This Budget, as attached, was approved unanimously by the Regional Committee at its meeting on February 24. Ms. McPeak expects to begin purchasing equipment shortly, and plans to begin airing programs in July, at the beginning of the fiscal year. Ms. McPeak is currently located at Patrick Henry High School. She is working with the County's Procurement Department to hire an architect/ engineer to help her review the four possible studio 1 4 L`�_I3 sites, and make a formal recommendation to the full Cable TV Committee. The sites under consideration are Patrick Henry, Ruffner Junior High, the Jefferson Center, and the Leisure Arts Center. This last site was recently added to the list, and may not be technically feasible, due to the height of the ceilings. Depending on which site is chosen, it may be some time before the studio is actually in operation. As mentioned above, program- ming will begin prior to that time, however. Additionally, Ms. McPeak is currently operating the Character Generator which has been moved to her office at Patrick Henry, and airing the messages on Channel 3. Additionally, staff is currently investigating the possibility of producing a "County Administrator's Report" in conjunction with WBRA, until such time as the studio is operational. Ms. McPeak would assist with the creation of this program, and will work with staff to find topics of interest to our citizens. We would be able to air these immediately on the government/education access channel. At the last Committee Meeting, the group also adopted a policy for use of the Character Generator, which is attached. A similar Policy will be adopted for use of the station and equipment to ensure that they remain dedicated to local government and educa- tional use only. FISCAL IMPACT: The total proposed budget is $99,802. Roanoke County's share, 34.11%, is $34,042. ALTERNATIVES: 1. Adopt the proposed Cable Television Budget and authorized inclusion of $34,042 in the County's FY 1993-94 Budget for this purpose. 2. Do not adopt the proposed Cable Television Budget. This alternative would preclude use of the facility after July 1. RECOMMENDATION: Staff recommends Alternative 1. A )n'n&e Marie Green Elmer C. Hodcfe Director, Community Relations County Administrator v E-3 ACTION VOTE Approved ( Motion by: Harry C_ Ni.kens No Yes Abs Denied ( ) _to approvebudQet - Eddy x Received ( ) Alt. #1 Kohinke x Referred Johnson x To Minnix x Nickens x cc: File Anne Marie Green, Director, Community Relations Diane D. Hyatt, Director, Finance Reta R. Busher, Director, Management and Budget Mary F. Parker, Clerk Roanoke City Council Carolyn S. Ross, Clerk, Vinton Town Council Howard E. Musser, Chairman, Roanoke Valley Regional Cable Television Committee 3 Attachment #1 EJ3 Government and Educational Access Studio Proposed Operating Budget for FY 1993-94 4 8 Months 12 Months CODE DESCRIPTION FY 92-93 FY 93-94 JUSTIFICATION 1010 Salaries 17,459 29,283 Station Manager - 1 mo. at 28,000 - 11 mos. at 29,400 1020 Part-time 4,800 6,000 100 hours/mo. x 12 mos. X $5/hr 2100 Fica 1,703 2,700 7.65% X 35,283 2200 VRS 1,786 2,996 10.23% of 29,283 2300 Health Ins. 1,080 1,620 $135/month 2310 Dental Ins. 104 156 $13/month 2400 Life Ins. 153 256 .8743% of 29,283 TOTAL PERSONNEL 27,085 43,011 3013 Prof. Services 2,860 6,480 Engineering & Consulting 3101 Temp. Services 2,048 3,072 Clerical: 8 hrs/wk X 4 wks. X 12 mos. x $8/hr 3202 Repairs 1,000 1,000 Maintenance contract (Office equip) for PC, printer, etc. 3209 Repairs 2,250 2,250 Maintenance contract (Video equip) for cameras, etc. 3530 Printed Forms 2,350 9,400 Quarterly Program Guides 47,000 X .05 X 4 3610 Advertising 1,000 21000 To promote station initially through different mediums 3620 Public Info. 500 500 4 4600 Central 500 $50/mo. X 12 & supplies 3 subscriptions Services 1,000 1,000 Paid to Co. for internal services. 5210 Postage 150 250 120 5230 Telephone 680 1,500 3 lines (phone, modem, & FAX) anti Voice Mail 5308 Gen. Liability 500 500 (subject to change) Insurance 5410 Rent of Equipment 2,360 3,540 Rent of copier $295 X 12 mos. 5420 Rent of Building 3,300 15,000 Based on 9 months occupancy at most expensive location (Approx. $7 per sq.ft. per year for 2760 sq.ft.) 5501 Travel -Mileage 350 576 avg. of 200 mi/mo at .24 per mile X 12 mos. 5520 Dinner Meetings 100 100 5540 Training N/A 500 Conferences & Lodging 5801 Dues 200 373 PRSA - $175 Chapter dues - $48 NATOA - $150 5819 Small equip. 500 $50/mo. X 12 & supplies 3 subscriptions 5883 Video Supplies 2,500 6010 Office Supplies 650 6202 Books & Subscrip. 120 8101 Mach. & Equip. n/a - Capital 8401 Small Capital 500 Outlay 1,500 41000 Misc. tapes 600 $50/mo. X 12 150 3 subscriptions and misc. books 2,000 On-going video replacement 500 0 TOTAL OPERATING• 24,918 TOTAL BUDGET: 52,003 ROANOKE CITY ---- 58.57% ROANOKE COUNTY -- 34.11% TOWN OF VINTON -- 7.32% TOTAL CABLE TV BUDGET 64,841 99,802 BUDGET BREAKDOWN 58,454 34,042 7,306 $99,802 Attachment #2 DRAFT CHARACTER GENERATOR POLICY Prepared for the Roanoke Valley Cable Television Committee The following rules and regulations shall be used in placing messages on the Government - Educational Access Channel through the means of a character generator. Since the channel is funded through public monies, it is important that only messages which relate to local government and school information (events, programs and policies) will be cablecasted. Messages will be sent to the Cable Access Director, who will transmit them for airing. 1. All messages must be of general interest to the residents of the Roanoke Valley. All messages must be prepared by a department or agency of Roanoke County, Roanoke City, the Town of Vinton or their respective school systems. Preference will be given to messages that affect large numbers of citizens. 2. A staff person from each jurisdiction will be designated to approve all messages prior to sending them to the Cable Access Director. The Director will not accept messages from any other party without prior approval through the designated contact person. The current designees are: David Baker - Roanoke City Schools Michelle Bono - Roanoke City Anne Marie Green - Roanoke County Jane James - Roanoke County Schools Mary Beth Layman - Town of Vinton 3. The contact person in each jurisdiction is responsible for the accuracy, timeliness and content of the messages which are sent to the Cable Access Director, who will then assume responsibility for their accuracy and timeliness. The director may use common abbreviations and symbols if necessary, but will not otherwise edit the messages unless advised to do so by the contact person. 4. All messages must be submitted in writing, and are limited to six lines per message, with up to 30 characters per line. The messages must indicate the beginning and ending dates of transmission, provide a telephone number for further information and should be submitted at least 1 day before they are to begin running. The director will send the transmissions around 9:00 a.m. Monday through Friday. The director will check for last minute messages each morning at 9:00 a.m., however items faxed after 9:00 a.m. may not be received until the following day. The director will only do a second transmission in emergency cases. V7 I0 4- 5. The following restrictions apply to the content of any message: * No political messages * No advertising * No use by any private, non-profit, or other group outside the local government and school systems * An event may only be publicized if it is sponsored or co-sponsored by one of the participating jurisdictions * The use of the names of elected officials or staff members is strongly discouraged, although titles may be used for identification purposes. 6. To keep messages timely, no message may run consecutively for more than 3 weeks, unless such message regards an ongoing meeting schedule. 7. The Cable Access Director will make every effort to transmit the messages in a consistent manner, but her schedule may occasionally affect the time of the transmission. Messages dated to begin or end on a weekend or holiday will be addressed on the following work day. On days when the Director is out of the office all day, messages will be transmitted the day before and will be taken off the sequence upon the director's return to the office. ACTION # A-32393-4 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 23, 1993 AGENDA ITEM: Request for Appropriation of $57,116.20 to Utility Water Fund for Well Drilling COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND• Roanoke County drilled the Arlington Hills No. 4 well in April, 1988. The well is 12 inches in diameter and 1,040 feet deep. The total cost to drill and test this well was $46,307.00. The Virginia Department of Health would not issue an operating permit for the Arlington Hills No. 4 well because a planned taking by Virginia Department of Transportation would not provide the required fifty foot isolation distance to property lines. SUMMARY OF INFORMATION: The acquisition of land by VDOT for the Rt. 221 road construction prohibited the County from getting an operating permit for the existing Arlington Hills #4 well. VDOT has paid the County $57,116.20 as damage to residue for the loss of use of this well. Staff requests that the Board of Supervisors appropriate the $57,116.20 for use in constructing new well supplies. RECOMMENDATION• Staff recommends that the Board of Supervisors appropriate $57,116.20 from the Utility Water Fund for the construction of new well supplies. SUBMITTED BY: Cliffor g, E. Utility Director APPROVED: Elmer C. Hodge County Administrator ACTION VOTE Approved (x) Motion by: Bob L. Johnson No Yes Abs Denied ( ) to approve staff recommenda- Eddy x Received ( ) tion Johnson x Referred Kohinke x to Minnix x Nickens x cc: File Clifford Craig, Director, Utility Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget t AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 RESOLUTION 32393-5 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT AND REFUNDING BONDS, SERIES 1993 The issuance of a maximum amount of $17,790,000 general obligation bonds of the County of Roanoke, Virginia ("County") was approved at an election held in the County on November 3, 1992 (111992 Election Bonds"). The County has issued $3,700,000 General Obligation Public Improvement Bond Anticipation Notes, Series 1992 ("Notes") in anticipation of the issuance and sale of the 1992 Election Bonds. The Board of Supervisors proposes to authorize the issuance and sale of the 1992 Election Bonds. The County has issued the general obligation bonds described in Exhibit A to this Resolution and the Board of Supervisors proposes to authorize the issuance and sale of general obligation bonds of the County ("Refunding Bonds") to refund all or a portion of the outstanding principal amount of the bonds listed on Exhibit A ("Refunded Bonds"). The 1992 Election Bonds and the Refunding Bonds are referred to collectively in this Resolution as the "Series 1993 Bonds." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Series 1993 Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell the Series 1993 Bonds in the maximum principal amount of $55,000,000. The 1992 Election Bonds shall be 1 issued and sold in the maximum principal amount of $17,790,000. The Refunding Bonds shall be issued and sold in the maximum principal amount of $37,210,000, which amount is anticipated to be sufficient to amortize the principal of and premium, if any, and interest on the Refunded Bonds and to pay all expenses reasonably incurred in connection with the issuance and sale of the Refunding Bonds. The issuance and sale of the Series 1993 Bonds are hereby authorized. The proceeds from the issuance and sale of the 1992 Election Bonds shall be used to pay the Notes at maturity and to pay the costs of the projects in the amounts authorized pursuant to the November 3, 1992 Election. The proceeds from the issuance and sale of the Refunding Bonds shall be used to pay the outstanding principal amount of and premium, if any, and accrued interest on the Refunded Bonds and to pay the costs of issuing the Refunding Bonds. 2. Pledge of Full Faith and Credit. The full faith and credit of the County are hereby irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Series 1993 Bonds as the same become due and payable. The Board shall levy an annual ad valorem tax upon all property in the County, subject to local taxation, sufficient to pay the principal of, premium, if any, and interest on the Series 1993 Bonds as the same shall become due for payment unless other funds are lawfully available and appropriated for the timely payment thereof. 3. Redembtion and Payment of Refunded Bonds, Escrow Agreement. The County Administrator is authorized and directed to 2 execute and deliver an Escrow Agreement between the County and an Escrow Agent to be selected by the County Administrator providing for the irrevocable deposit of (i) proceeds of the Refunding Bonds (and other available money, if any) sufficient, when invested as set forth in the Escrow Agreement, to provide for payment of principal of and premium, if any, and interest on the Refunded Bonds and (ii) proceeds of the 1992 Election Bonds sufficient, when invested as set forth in the Escrow Agreement, to provide for payment of principal of and interest on the Notes at maturity. The County Administrator is authorized and directed to determine the maturities of the bonds to be called for redemption, to irrevocably call for redemption the Refunded Bonds and to provide for notice of such redemption to be published or sent to the registered owners of the Refunded Bonds, as appropriate. 4. Sale of Series 1993 Bonds. The Board of Supervisors authorizes the sale of the Series 1993 Bonds in the aggregate principal amount to be determined by the County Administrator, but not to exceed the maximum amounts set forth in paragraph 1, to Alex. Brown & Sons Incorporated, Merrill Lynch & Co. and Scott & Stringfellow, Inc. ("Underwriters"). The County Administrator and the Chairman of the Board of Supervisors, or either of them, are authorized and directed to execute and deliver a Bond Purchase Agreement with the Underwriters, providing for the sale and delivery of the Series 1993 Bonds upon terms and conditions to be approved by such officers, provided that (i) the true interest cost of the Series 1993 Bonds shall not exceed 8.0%; (ii) the final 3 maturity of the Series 1993 Bonds shall not be later than the final maturity of the Refunded Bonds; and (iii) the sale price of the Series 1993 Bonds to the Underwriters, excluding original issue discount, if any, shall not be less than 97% of the aggregate principal amount thereof. The approval of such officers shall be evidenced conclusively by the execution and delivery of the Bond Purchase Agreement by either of them. 5. Details of Series 1993 Bonds. The Series 1993 Bonds shall be issued upon the terms established pursuant to this Resolution and the Bond Purchase Agreement or such other terms as may be set forth by subsequent resolution of the Board of Supervisors. The Series 1993 Bonds shall be issued in fully registered form, shall be dated March 15, 1993, or such other date as the Director of Finance may approve, shall mature in the years and amounts set forth in the Bond Purchase Agreement, shall bear interest payable semi-annually at the rates set forth in the Bond Purchase Agreement, shall be in the denominations of $5,000 each or whole multiples thereof and shall be numbered from R-1 upwards consecutively. The County Administrator is authorized and directed to approve such optional redemption provisions for the Series 1993 Bonds as he determines to be in the best interest of the County. 6. Form of Series 1993 Bonds. The Series 1993 Bonds shall be in substantially the form attached to this Resolution as Exhibit B, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution or subsequent resolution of the Board of Supervisors. There may be endorsed on 4 the Series 1993 Bonds such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 7. Printed or Book-Entry-Only Form. The Series 1993 Bonds shall be issued in book-entry-only form. The Series 1993 Bonds shall be issued in fully-registered form and registered in the name of Cede & Co., a nominee of The Depository Trust Company, New York, New York ("DTC") as registered owner of the Series 1993 Bonds, and immobilized in the custody of DTC. One fully-registered Series 1993 Bond in typewritten or printed form for the principal amount of each maturity of the Series 1993 Bonds shall be registered to Cede & Co. Beneficial owners of the Series 1993 Bonds shall not receive physical delivery of the Series 1993 Bonds. Principal, premium, if any, and interest payments on the Series 1993 Bonds shall be made to DTC or its nominee as registered owner of the Series 1993 Bonds on the applicable payment date. Transfer of ownership interest in the Series 1993 Bonds shall be made by DTC and its participants (the "Participants"), acting as nominees of the beneficial owners of the Series 1993 Bonds in accordance with rules specified by DTC and its Participants. The County shall notify DTC of any notice required to be given pursuant to this Resolution or the Series 1993 Bonds not less than fifteen (15) calendar days prior to the date upon which such notice is required to be given. The County shall also comply with the agreements set forth in the County's Letter of Representations to 5 DTC. Replacement Bonds (the "Replacement Bonds") shall be issued directly to beneficial owners of the Series 1993 Bonds rather than to DTC or its nominee but only in the event that: (i) DTC determines not to continue to act as securities depository for the Series 1993 Bonds; or (ii) The County has advised DTC of its determination that DTC is incapable of discharging its duties; or (iii) The County has determined that it is in the best interest of the beneficial owners of the Series 1993 Bonds or the County not to continue the book -entry system of transfer. Upon occurrence of the event described in (i) or (ii) above, the County shall attempt to locate another qualified securities depository. If the County fails to locate another qualified securities depository to replace DTC, the Board of Supervisors shall execute and deliver Replacement Bonds substantially in the form set forth in Exhibit B attached hereto to the Participants. In the event the Board of Supervisors, in its discretion, makes the determination noted in (i) or (iii) above and has made provisions to notify the beneficial owners of the Series 1993 Bonds by mailing an appropriate notice to DTC, the appropriate officers and agents of the County shall execute and deliver Replacement Bonds substantially in the form set forth in Exhibit B attached hereto to any Participants requesting such Replacement Bonds. Principal of and interest on the Replacement Bonds shall be payable as provided in this Resolution and in the Series 1993 Bonds and such 0 Replacement Bonds will be transferable in accordance with the provisions of paragraph 11 and 12 of this Resolution and the Series 1993 Bonds. 8. Appointment of Bond Reqistrar and Paying Agent. The County Administrator is authorized and directed to appoint a Bond Registrar and Paying Agent for the Series 1993 Bonds. The Board may appoint a subsequent registrar and/or one or more paying agents for the Series 1993 Bonds by subsequent resolution and upon giving written notice to the owners of the Series 1993 Bonds specifying the name and location of the principal office of any such registrar or paying agent. 9. Execution of Series 1993 Bonds. The Chairman of the Board of Supervisors and the Clerk of the Board are authorized and directed to execute appropriate negotiable Series 1993 Bonds and to affix the seal of the County thereto and to deliver the Series 1993 Bonds to the purchaser thereof upon payment of the purchase price. The manner of execution and affixation of the seal may be by facsimile, provided, however, that if the signatures of the Chairman of the Board of Supervisors and the Clerk are both by facsimile, the Series 1993 Bonds shall not be valid until signed at the foot thereof by the manual signature of the Bond Registrar. 10. CUSIP Numbers. The Series 1993 Bonds shall have CUSIP identification numbers printed thereon. No such number shall constitute a part of the contract evidenced by the Bond on which it is imprinted and no liability shall attach to the County, or any of its officers or agents by reason of such numbers or any use made of 7 such numbers, including any use by the County and any officer or agent of the County, by reason of any inaccuracy, error or omission with respect to such numbers. 11. Registration Transfer and Exchange. Upon surrender for transfer or exchange of any Series 1993 Bond at the principal office of the Bond Registrar, the County shall execute and deliver and the Bond Registrar shall authenticate in the name of the transferee or transferees a new Series 1993 Bond or Series 1993 Bonds of any authorized denomination in an aggregate principal amount equal to the Series 1993 Bond surrendered and of the same form and maturity and bearing interest at the same rate as the Series 1993 Bond surrendered, subject in each case to such reasonable regulations as the County and the Bond Registrar may prescribe. All Series 1993 Bonds presented for transfer or exchange shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the County and the Bond Registrar, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. No Series 1993 Bond may be registered to bearer. New Series 1993 Bonds delivered upon any transfer or exchange shall be valid obligations of the County, evidencing the same debt as the Series 1993 Bonds surrendered, shall be secured by this Resolution and entitled to all of the security and benefits hereof to the same extent as the Series 1993 Bonds surrendered. 12. Charges for Exchange or Transfer. No charge shall be L made for any exchange or transfer of Series 1993 Bonds, but the County may require payment by the registered owner of any Series 1993 Bond of a sum sufficient to cover any tax or other governmental charge which may be imposed with respect to the transfer or exchange of such Series 1993 Bond. 13. Non -Arbitrage Certificate and Tax Covenants. The County Administrator and such officers and agents of the County as he may designate are authorized and directed to execute a Non -Arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Series 1993 Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended ("Code"), including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The Board covenants on behalf of the County that the proceeds from the issuance and sale of the Series 1993 Bonds will be invested and expended as set forth in the County's Non -Arbitrage Certificate and Tax Covenants, to be delivered simultaneously with the issuance and delivery of the Series 1993 Bonds and that the County shall comply with the other covenants and representations contained therein. 14. Disclosure Documents. The Chairman of the Board of Supervisors and the County Administrator, or either of them, and such officers and agents of the County as either of them may designate are hereby authorized and directed to prepare, execute and deliver an appropriate preliminary official statement, official statement or such other offering or disclosure documents as may be E necessary to expedite the sale of the Series 1993 Bonds. The preliminary official statement, official statement or other documents shall be published in such publications and distributed in such manner and at such times as the Director of Finance shall determine. The Director of Finance is authorized and directed to deem the preliminary official statement "final" for purposes of Securities and Exchange Commission Rule 15c2-12. 15. Further Actions. The Chairman of the Board of Supervisors and the County Administrator and such officers and agents of the County as either of them may designate are authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Series 1993 Bonds and all actions taken by such officers and agents in connection with the issuance and sale of the Series 1993 Bonds are ratified and confirmed. 16. Effective Date• Applicable Law. In accordance with Section 15.1-227.2 of the Act, the Board of Supervisors elects to issue the Series 1993 Bonds pursuant to the provisions of the Public Finance Act of 1991. This Resolution shall take effect immediately. 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: 10 Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors cc: File Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney Alfred C. Anderson, Treasurer Reta B. Busher, Director, Management & Budget I hereby certify that the foregoing is a true and correct copy of Resolution 32393-5 authorizing the issuance of General Obligation Public Improvement and Refunding Bonds, Series 1993, adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, March 23, 1993. sza�'� - , " Brenda J. Hol on, Deputy Clerk Roanoke County Board of Supervisors 11 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 ORDINANCE 32393-6 VACATING A 1.5 -FOOT BY 5.1 -FOOT PORTION ALONG THE SOUTHWEST SIDE OF A 25 -FOOT SANITARY SEWER/DRAINAGE EASEMENT ON LOT 9, SECTION 7 OF THE ORCHARDS SUBDIVISION (PB 13 PAGE 73) LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, Fralin & Waldron, Inc. has requested the Board of Supervisors of Roanoke County, Virginia to vacate a 1.5 -foot by 5.1 -foot portion along the southwest side of a 25 -foot sanitary sewer/drainage easement located on Lot 9, Section 7 of the Orchards in the Hollins Magisterial District as shown in Plat Book 13, at page 73 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 March 9, 1993; and the second reading of this ordinance was held on March 23, 1993. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 1.5 -foot by 5.1 -foot portion along the southwest side of a 25 -foot sanitary sewer/drainage easement located on Lot 9, Section 7 of the Orchards in the Hollins Magisterial District as shown in Plat Book 13, at page 73 of record in the Clerk's Office of the Roanoke County Circuit Court, be, and hereby is, vacated 1 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 Fralin & Waldron, 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 associated 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. 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, Eddy, Nickens, Minnix NAYS: None F A COPY TESTE: ABrend!a:±Jt. Hol on, Deputy Clerk cc• File Roanoke County Board of Supervisors Arnold Covey, Director, Engineering & Inspections (Certified copy) Terrance L. Harrington, Director, Planning & Zoning Paul M. Mahoney, County Attorney 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23 1993 RESOLUTION 32393-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - 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 23, 1993, designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6, inclusive, as follows: 1. Approval of Minutes - February 23, 1993. 2. Acceptance of Water and Sanitary Sewer Facilities Serving Canterbury Park, Section 6. 3. Approval of Bingo Permit for Back Creek Elementary School P.T.A. 4. Donation of Right -of -Way and Drainage Easement in Connection with Homeland Hills Road Improvements. 5. Authorization to Pay Certain Legal Fees Concerning Grumman Emergency Products, Inc. 6• Approval of Raffle Permit for Calendar Year 1993 from Vinton Moose Lodge #1121. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Kohinke to adopt the resolution and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: &" . k4A4"�.w Brenda J. *A1 Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Diane Hyatt, Director, Finance Clifford Craig, Director, Utility A -32393-7.a ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1993 SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving Canterbury Park, Section 6 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Canterbury Park, Section 6, Boone, Boone and Loeb, Inc., have requested that Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the subdivision along with all necessary easements. The water and sewer facilities are installed, as shown on plans prepared by Buford T. Lumsden and Associates entitled Canterbury Park, Section 6, dated October 29, 1987, which are on file in the County Engineering Department. The water and sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the water and sanitary sewer construction is $32,000 and $ 82,000 respectively. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Canterbury Park, Section 6 subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: Cliffor'a�ig, P.E. Utility Director (::s APPROVED: Elmer C. Hodge County Administrator ACTION VOTE Approved (x) Motion by: Edward G. Kohinke No Yes Denied ( ) Eddy x Received ( ) Johnson x Referred Kohinke x to Minnix x Nickens x cc: File Clifford Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections i --�- CrIN Abs 44°1 CPNTE a �I�IOT . J FA.Rhi3 ° g �h-o w r° aN ry 9 �Oq A••-'�`o�ia � KEO ii H a ..AN7- UF:�` i W 155 Nqo 8E1< yc A �a HeEoCE\ HIGHFIECOS `a a ar R a*a Nsy cl SJR is �• RIN ILL a N9� o r VICINITY MAP 38� R I� •a�.a-i Juw°o�� 0 G /--a NORTH V= ..ua Lu .r v, Itp \ ;isl �• ,�� DIMENSIONAL LAYOUT & UTILITIES SECTION Ne. B . W " "CANTERBURY PARK" „'"•,• •••, •• '�••� `noa coon,. ha.. • ....w....na .� �...o.., .... .ati. PROPERTY OF BOONF, BOONC t LOEB. w ROANOKE COUNTY UTILITY ACCEPTANCE OF WATER & SEWER FACILITIES SERVING DEPARTMENT CANTERBURY PARI:, SECTION 6 A -32393-7.b ACTION NO. ITEM NUMBER /—` 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1993 AGENDA ITEM: Request for Approval of a Bingo Permit for Back Creek Elementary School P.T.A. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Back Creek Elementary School P.T.A. has requested a permit to conduct a Bingo Game in Roanoke County at their Spring Fling Carnival on May 8, 1993. 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 Bingo Permit from the Back Creek Elementary School P.T.A. be approved. SUBMITTED BY: Mary H. ellen Clerk to the Board APPROVED BY: Elmer C. Hodg County Administrator ------------------------------------------------- ACTION VOTE Approved (x) Motion by: Edward G. Kohinke No Yes Abs Denied ( ) Received ( ) Referred ( ) To ( ) cc: File Bingo/Raffle File Eddy x Johnson x Kohinke x Minnix x Nickens x 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. sea. of the criminal statutes of the Virginia Code, and by Section 4-86 et. sea. 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 Name of Organization g�(f� �'eP� plc��y� Street Address 1 (30 6(2;r} Mailing Address City, State, Zip Code, Purpose and Type of When was the organization founded? Roanoke County meeting place? h�c;� L-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 Attach copy of IRS Tax Exemption Letter. Officers of the Organization: President: Ka�i,g C a, -y „% Address: Secretary: Address: �S`69 M'N ii 2;s„ 6, 'O e_ �oA C ;�7 V -k 3 Lk. 0 f vice -President Address:bb ;( �C�A ✓CICZ Treasurer: r c L,J t 1 Address: (,S�`�1 M1 c� Cock - Member authorized to be responsible for Raffle or Bingo operations: Name: Ohl„ tccr �c Home Address Phone �[ 7� - 3 Bus Phone r1�� A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBERSHIP MOST BE FURNISHED WITH THIS APPLICATION. G,1 • t/c� d JQ-2 _50c) - I've - Specific �1� rd� /�e�� i2�cG s�/: ��✓ Ac%� � location where Raffle or Bingo Game is to be conducted. RAFFLES: Date of Drawing Time of Drawing t 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 S rc,u 2 L-3 State specifically how the proceeds froM�i �affle will be used. List in detail the planned or intended u.1'e of the proceeds. Use estimated amounts if necessary. L L.;ZL. Q1 zC c.�QG�_7C' hQ- 5 f /ce/� n G l SG? C� i G, S ,in a 1751li 117 C�, -e17 �S �d � _S f -/"0�wD/ o,�l�c 6y S, a e �e- /102-4411 �, /`-�L-1C� �LLt1G_ G'/f/F?. ?!/ �'Cz-i / %������i s G�� � � f D� �ls�'c✓ i /1/ 3 Z_-3 BINGO: Complete the following: Legal owner(s) of the building where BINGO is to be conducted: Name: �D�1�oc ;x-?�i Z17� Address: 7L-0 `/Wo/ /7 6c_x A; lJ County p,4Ll)Iee_ State _ZIP Is the building owned by a 501-C non-profit organization? '770 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 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter TOTAL —0— TOTAL 1-0- 2. -O-- 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? ( -1-1 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? y �� 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? 4 L-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? ��,p 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? K 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? U 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 November? 10. Does your organization understand that this permit is valid only in the County of Roanoke and only at such locations, and for such dates, as are designated in the permit application? 67 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? L4 -moo 12. Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke?G 9 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?���<<��✓L�/Q������ 15. Has your organization attached a copy of its bylaws to this application form? 16. Has the organization been declared exempt from property taxation under the Virginia Constitution or statues? If yes, state whether exemption is for real, personal property, or both and identify exempt property. 17. State the specific type and purpose of the organization. Aa ae17 - ,a Ghnri 18. Is this organization incorporated in Virginia? If yes, name and address of Registered Agent: 19. Is the organization registered with the Virginia Department of Agriculture and Consumer Affairs pursuant to the Charitable Solicitations Act, Section 57-48 of the Virginia Code? (If so, attach copy of registered agent.) Has the organization been granted an exemption from registration by the Virginia Department of Agriculture and Consumer Affairs? (If so, attach copy of exemption.) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ALL RAFFLE APPLICANTS DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES, AND PROCEED TO NOTARIZATION. Article Description Fair Market Value IVO % L-3 ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE NOTARIZATION RAFFLE APPLICANTS, GO TO NOTARIZATION. 20. Does your organization understand that the bingo games shall not be conducted more frequently than two calendar days in any calendar week?,� 21. Does your organization understand that it is required to keep complete records of the bingo game. These records based on §18.2- 340.6 of the Code of Virginia and §4.98 of the Roanoke County Code must include the following: a. A record of the date, quantity, and card value of instant bingo supplies purchased, as well as the name and address of the supplier of such instant bingo supplies, and written invoice or receipt is also required for each purchase of instant bingo supplies? �o b. A record in writing of the dates on which Bingo is played, the number of people in attendance on each date, and the amount of receipts and prizes on each day? (These records must be retained for three y rs.) C. A record of the name and address of each individual to whom a door prize, regular or special Bingo game prize or jackpot from the playing of Bingo is awarded? d. A complete and itemized record of all receipts and disburse- ments which support, and that agree with, the quarterly and annual reports required to be filed, and that these records must be maintained in reasonable order to permit audit?(7— 22. Does your organization understand that instant Bingo may only be conducted at such time as regular bingo game is in progress, and only at such locations and at such times as are specified in this application? 23. Does your organization understand that the gross receipts in the course of a reporting year from the playing of instant Bingo may not exceed 33 1/3% of the gross receipts of an organization's Bingo operation? 24. Does your organization understand it may not sell an instant bingo card to an individual below sixteen years of age?c�.c.p 7 2--3 25. Does your organization understand that an organization whose gross receipts from all bingo operations that exceed or are expected to exceed $75,000 in any calendar year shall have been granted tax-exempt status pursuant to Section 5010 Internal Revenue Code Service? 9teo (Certificate must be attached.) 26. Does your organization understand that a Certificate of Occupancy must be obtained or be on file which authorizes this use at the proposed location? 27. Does your organization understand that awards or prize money or merchandise valued in excess of the following amounts are illegal? -f In a. No door prize shall exceed twenty-five dollars. b. No regular Bingo or special Bingo game shall exceed One Hundred dollars. C. No jackpot of any nature whatsoever shall exceed One Thousand Dollars, nor shall the total amount of jackpot prizes awarded in any one calendar day exceed One Thousand Dollars. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS I hereby swear or affirm under the penalties of perjury as set forth in §18.2 of the Code of Virginia, that all of the above statements are true to the best of my knowledge, information, and beliefs. All questions have been answered. Signed by: Name Title`Home Address Subscribed and sworn beore me, this _day of ,�x in the County/City of � (, n jl� , Virginia. My commission expires: 19C y� Notary u lic RETURN THIS COMPLETED APPLICATION TO: COMMISSIONER OF THE REVENUE P.O. BOX 20409 ROANOKE, VA 24018-0513 8 r. Z-3 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. Date Commis loner of he Revenue The above application is not approved. Date Commissioner of the Revenue E ACTION NO. A -32393-7.c ITEM NO L ' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1993 AGENDA ITEM: Donation of right-of-way and drainage easement in connection with Homeland Hills Road Improvements COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION This consent agenda item involves the donation of the following easements to the County of Roanoke for drainage and right-of-way purposes in relation to the Homeland Hills Road Improvements Project in the Vinton Magisterial District. a) Donation of an easement from H. Bruce Ayars and Miriam L. Ayars, (Deed Book 1179, Page 137) (Tax Map No. 89.00- 4-27) as shown on a plat prepared by the Roanoke County Engineering & Inspections Department, dated 31 January, 1992. The location and dimensions of this property has been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION Staff recommends acceptance of this property. TTED BY: APPROVED BY: A-nbld Covey, Director Engineering & Inspecti 4 Elmer C. Hodge County Administrator --------------------------------------------------------------- ACTION VOTE Approved ( Motion by: Rdward G_ xnhinke No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred Kohinke To Minnix Nickens cc: File Arnold Covey, Director, Engineering & Inspections Clifford Craig, Director, Utility 2— Y METES AND BOUNDS DESCRIPTIONS SHOjYN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. REMAINING PROPERTY OF H. BRUCE & MIRIAM L. AYARS D.B.1 17, PG.137 ------ FERGUSON DR. N8357'10'�y 552.3900' PROPERTY TO REVERT p'�61�p yt.9300S23 27'31'E �\ 5232.2262E BACK TO OWNER .F N6216�0 240.5814' PROPOSED 1 20' DRAINAGE EASEMENT N24'19'27' `\ 20.00' -- 20.52' R=599.4200' MM30'55'E L=149.4852' R=324.2900 N58'32'40*W R=422.0999' L=149.0919' 81.24' L=126.5974' 20 N59'19'50'E 35.2000' 9-71 N59'31'56'W SRP" 3s6 345 R=256.1100' �`MgER�ND Og �. \ L=209.1570' 20' DRAINAGE EASEMENT PROPERTY OF CHARLES EDWARD 3 OEM D. GRUNT TAX N0. 89.00-4-46 R - 114.9800' 1 _ L - 78.1201' . R - 231.9900' -1 - 1084209' U3 23g�3 f0• A \ `R -238100 p 33- 1 L - 33.6584' w-nnm / y " r PROPOSED RIGHT-OF-WAY (O.CM9/.) LEGEND PROPOSED RIGHT-OF-WAY DRAINAGE EASEMNTS C = EXISTING RIGHT-OF-WAY TO REVERT TO PROPERTY OWNER CURVE RADIUS LENGTH CHORD BEARING E N56 53'25'W D N 247 9'27'E A N20'39'06'W B onnn 47-0844' 40,4276' N48'54'08'E 9-1 Bloc, irl 9496' In 2295'583'18'S1'E TAX MAP N0. 89.00-4-27 SCALE:—I"=200' PLAT SHOWING PROPOSED RIGHT-OF-WAY AND DRAINAGE EASEMENTS BEING CONVEYED TO ROANOKE COUNTY BY H. BRUCE & MIRIAM L. AYARS EXISTING RIGHT-OF-WAY TO REVERT TO PROPERTY OWNER PREPARED BY. ROANOKE COUNTY ENGINEERING DEPARTMENT DATE: 01-31-92 REVISION: 09-14-92~ A -32393-7.d ACTION NO. ITEM NO. L S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1993 AGENDA ITEM: Authorization to Pay Certain Legal Fees regarding Litigation with Grumman Emergency Products, Inc. COUNTY ADMINISTRATOR'S COMMENTS: „ EXECUTIVE SUMMARY: The County agreed to share with the Town of Vinton the legal expenses for the litigation with Grumman Emergency Products Inc. over the defective ladder on the aerial fire truck. BACKGROUND: In November of 1991, the Board agreed to join with the Town of Vinton in legal action against Grumman Emergency Products, Inc. and other possible defendants over the defective ladder on the aerial fire truck which the County had jointly funded with the Town. Since this vehicle is titled to the Town of Vinton it was agreed that the Town Attorney should handle this litigation. The fees thus far approved by the Board are as follows: February 11, 1992 $ 1,151.95 March 24, 1992 1,437.59 May 26, 1992 2,363.43 June 23, 1992 1,779.16 September 8, 1992 228.71 September 22, 1992 868.75 October 27, 1992 941.00 December 1, 1992 289.00 December 15, 1992 843.00 February 23, 1993 3,835.00 Total $13,737.59 1 FISCAL IMPACTS: L- 5 $4,921.77 (February 2, 1993 Statement) and $1,726.83 (March 4, 1993 Statement) for a total of $6,648.60 in current fees to be paid from the Potential Litigation Account. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors authorize the payment of this invoice from the Board's Potential Litigation Account. Respectfully submitted, Paul M. Mahoney County Attorney Action Vote No Yes Abs Approved (xj Motion by Edward G. Kohinke Eddy x Denied ( ) Johnson x Received ( ) Kohinke x Referred Nickens x to Minnix x cc: Diane Hyatt, Director, Finance File c;\wp5I \agenda\general\legaLtee Paul Mahoney, County Attorney 2 [ �' :7 TOWN OF VINTON P. 0. BOX 338 VINTON, VIRGINIA 24179__` PHONE 1703) 983-0608- --"' JOAN B. FURBISN'-"'- FAX (703) 983-0621 FINANCE DIRECTOR/TREASURER March 16, 1993 )--5 TO: Joe Obenchain, Senior Assistant County Attorney County of Roanoke POB 29800 Roanoke, VA 24018-0798 STATEMENT Statement From Natkin, Hesley, Siegel and Natkin, PC For Professional Services Rendered Regarding Litigation With Grumman Aircraft Company March 4, 1993 Statement -- $3,453.65 Fifty Percent (50%) Due From Roanoke County To Town of Vinton $1,726.83 DUE UPON RECEIPT MAKE CHECK PAYABLE TO: TOWN OF VINTON cc: Diane D. Hyatt TOWN OF VINTON P. 0. BOX 338 VINTON, VIRGINIA 24179 PHONE (703) 983-0608 FAX (703) 983-0621 March 16, 1993 TO: Joe Obenchain, Senior Assistant County Attorney County of Roanoke POB 29800 Roanoke, VA 24018-0798 STATEMENT Statement From Natkin, Heslep, Siegel and Natkin, PC For Professional Services Rendered Regarding Litigation With Grumman Aircraft Company February 2, 1992 Statement -- $9,843.54 Fifty Percent (50%) Due From Roanoke County To Town of Vinton DUE UPON RECEIPT MAKE CHECK PAYABLE TO: TOWN OF VINTON CC: Diane D. Hyatt JOAN B. FURBISH FINANCE DIRECTORITREASURER -. W $4,921.77 ACTION NO. A -32393-7.e ITEM NUMBER L — AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 23, 1993 AGENDA ITEM: Request for Approval of a Raffle Permit for Calendar Year 1993 from Vinton Moose Lodge #1121 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Vinton Moose Lodge #1121 has requested a permit to hold raffles in Roanoke County on Fridays at 9 p.m. during the calendar year 1993. 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 for Calendar Year 1993 from the Vinton Moose Lodge #1121 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 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. seq. 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 Name of Organization V Ili Street Address ) z 7 ✓A S P JH ) 7 J G j v it /�v l /f 90 �r a 2 �i Mailing Address a 9,1X / 4 2 City, State Zip Code Purpose and Type of Organization When was the organization founded? %� S Roanoke County meeting place? Has the organization been in existence in Roanoke County for two continuous years? YES Lam- NO Is the organization non-profit? YESL---" NO From To Federal Identif ication Number Q 9- — � / 9 - y 1 `Z / Attach copy of IRS Tax Exemption Letter. Officers of the Organization: jVA L7 1 — esi �L> C� o Address: J� �}S f���t ��t. Si-= Address: 1 VI/I10�r Secretary: "kaffil- Treasurer: }SIL)'(_ C %y L t / l Address: Z�S-y ,c,�r'1 use C, �� Address: -2 /3, �L �7� L��y Member authorized to be responsible forCRaffle or Bingo operations: Name: 2� Home Address �� ��cL�11 �:� fz _/�rYz 9� j ✓. ' Phone 3 �j 6 I / Bus Phone q'jv 122-S A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBERSHIP MUST BE FURNISHED WITH THIS APPLICATION. Specific location where Raffle or Bingo Game is to be conducted. RAFFLES: Date of Drawing E&,Z R9 f RT • Time of Drawing 61 't o �) F, -- BINGO: , -- 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 N L—(O 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. Allb�, e s r 14 6 1L-7 - S't i2 v t C,J, 3 L-4 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 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? y I -S 3. Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Bingo games and Raffles, and that such records are subject to audit by the Commissioner of the Revenue? - t S 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? 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? y t- f 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? `j�J 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? _) �` 1 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? S' 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? �j 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?-� 12. Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke?yt�S - 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? y �s 14. Has your organization attached a complete list of its membership to this application form? y �� 15. Has your organization attached a copy of its bylaws to this application form? \/ e " 16. Has the organization been declared exempt from property taxation under the Virginia Constitution or statues? 1 If yes, state whether exemption is for real, personal property, or both and identify exempt property. 17. State the specific type and purpose of the organization. 18. Is this organization incorporated in Virginia? y Z-- If If yes, name and address of Registered Agent: /W,O l's 14 2r -�- A 7 cy N A 1 ZL, 6a�i Z 5 19. Is the organization registered with the Virginia Department of Agriculture and Consumer Affairs pursuant to the Charitable Solicitations Act, Section 57-48 of the Virginia Code? (If so, attach copy of registered agent.) Has the organization been granted an exemption from registration by the Virginia Department of Agriculture and Consumer Affairs? (If so, attach copy of exemption.) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ALL RAFFLE APPLICANTS DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES, AND PROCEED TO NOTARIZATION. Article Description Fair Market Value C1 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLIC. I hereby swear or affirm under the penalties of perjury a: forth in §18.2 of the Code of Virginia, that all of the statements are true to the best of my knowledge, information beliefs. All questions have been answered. Signed by: Name Title Home Address Subscribed and sworn bef�9, 'a me, this _day of19 / 3 in the County/City of 700-"0k4-, , Virginia. My commission expires: 3/ 19 93 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 app and issued to the applicant to have effect until December 31 this calendar year. Date /C � j mmiss oner of t Reven The above application is not approved. Date Commissioner of the ' W AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23 1993 RESOLUTION 32392-8 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 Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None cc: File Executive Session A COPY TESTE: Brenda J. Ho ton, Deputy Clerk Roanoke County Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 ORDINANCE 32393-9 AMENDING AND REENACTING § 21-202 OF THE ROANOKE COUNTY CODE AUTHORIZING AN INCREASE IN THE TRANSIENT OCCUPANCY TAX FROM 2% TO 5%, ALLOCATING PROCEEDS FROM THIS INCREASE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the 1993 session of the Virginia General Assembly adopted House Bill 38 (Chapter 3) which amended the Roanoke County Charter and this legislation was signed and approved by the Governor on February 9, 1993; and WHEREAS, notice of the proposed adoption of the ordinance enacting this legislation was advertised in the "Roanoke Times and World News" on February 23, 1993, and March 2, 1993; and WHEREAS, the first reading and public hearing on the adoption of this ordinance was held on March 9, 1993, and the second reading of this ordinance was held on March 23, 1993. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That § 21-202, Levied; rate, of Article IX, Transient Occupancy Tax of Chapter 21, Taxation of the Roanoke County Code is hereby amended and reenacted as follows: Sec. 21-202. Levied; rate. There is hereby imposed a transient occupancy tax on hotels and travel campgrounds on each and every transient, equivalent to twe ( 2) five ( 5 ) percent of the total amount of charge for the occupancy of any room or space provided. Said tax constitutes a debt owed by the transient to the county which is extinguished only by payment to the operator or to the county. The transient shall pay the tax to the operator of the hotel or travel campground at the time the rent is paid. If the rent is paid in 1 installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel or travel campground. 2. That the revenues derived from this three (3%) percent increase in the transient occupancy tax shall be appropriated from time to time by the Board of Supervisors for tourism and tourism - related services, as determined by the Board in its discretion. 3. That this ordinance shall be in full force and effect from and after July 1, 1993. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Nickens NAYS: Supervisor Johnson ABSTAIN: Supervisor Minnix A COPY TESTE: Brenda J. H ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Circuit Court C. O. Clemens, Judge Kenneth Trabue, Judge Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, II, Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George Harris, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library John H. Cease, Police Chief Roanoke Law Library, 315 Church Ave, S.W., Rke 24016 Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Adm Don C. Myers, Assistant County Adm Diane D. Hyatt, Dir, Finance Reta R. Busher, Dir, Mgt & Budget O. Arnold Covey, Dir, Eng & Insp Terrance L. Harrington, Dir, Plan & Zoning Kenneth L. Hogan, Chief Animal Control Officer Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Dir, Parks & Recreation Elaine Carver, Dir, Procurement John D. Willey, Dir, Real Estate Assess Michael Lazzuri, Court Services AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 ORDINANCE 32393-10 GRANTING A SPECIAL USE PERMIT TO NELSON B. AND BRENDA Z. GREENE TO CONSTRUCT A PRIVATE STABLE ON A PORTION OF A 10.5 -ACRE PARCEL LOCATED AT 4712 KEAGY ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Nelson B. and Brenda Z. Greene have filed a petition to construct a private stable on a portion of a 10.5 -acre parcel located at 4712 Keagy Road in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 2, 1993; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 23, 1993; the second reading and public hearing on this matter was held on March 23, 1993. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit for the construction of a private stable on a portion of a 10.5 -parcel located at 4712 Keagy Road in the Windsor Hills Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 2. That the Board hereby grants a Special Use Permit to Nelson B. and Brenda Z. Greene to construct said private stable. 1 On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Brenda J. Ho on, Deputy Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John D. Willey, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 1993 ORDINANCE 32393-11 GRANTING A SPECIAL USE PERMIT TO CELLULAR ONE TO ERECT A SELF- SUPPORTING COMMUNICATION TOWER ON A PORTION OF A 718.72 -ACRE PARCEL LOCATED APPROXIMATELY ONE MILE SOUTHWEST OF THE INTERSECTION OF INDIAN GRAVE ROAD AND U.S. 220, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Cellular One has filed a petition to erect a self- supporting communication tower on a portion of a 718.82 -acre parcel located approximately one mile southwest of the intersection of Indian Grave Road and U. S. 220 in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 2, 1993; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 23, 1993; the second reading and public hearing on this matter was held on March 23, 1993. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to erect a self-supporting communication tower on a portion of a 718.82 -acre parcel located approximately one mile southwest of the intersection of Indian Grave Road and U. S. 220 in the Cave Spring Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 1 2. That the Board hereby grants a Special Use Permit to Cellular One to erect a self-supporting communication tower on a portion of a 718.82 -acre parcel located approximately one mile southwest of the intersection of Indian Grave Road and U. S. 220 in the Cave Spring Magisterial District subject to the following amended conditions: (1) The height of the tower shall be no more than 90 ft. (2) The microwave dish shall be no greater than 70 ft. in height to be measured at the centerline of the dish. (3) The location of the tower shall be in accordance with the concept plan. (4) There shall be no lighting from the tower. (5) The finish of the tower shall be a neutral color such as galvanized steel. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & zoning Arnold Covey, Director, Engineering & Inspections John D. Willey, Director, Real Estate Assessment Paul M. 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 23 1993 RESOLUTION 32392-12 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 cc: File Executive Session A COPY TESTE: Brenda J. Hol n, Deputy Clerk Roanoke County Board of Supervisors