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HomeMy WebLinkAbout9/14/1993 - Adopted Board Recordse J, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 RESOLUTION 91493-1 DECLARING SEPTEMBER 14 - 15, 1993 AS THE 1993 DAY OF CARING IN ROANOKE COUNTY WHEREAS, the United Way of the Roanoke Valley has provided funding, support and encouragement to its member agencies throughout the years, allowing them to reach out to people from all walks of life during times of need; and WHEREAS, the United Way and its agencies have been supported by local government, by area business and industry, and by countless individuals, through expenditures of both time and money; and WHEREAS, the kick off for the 1993 campaign will begin with the Day of Caring, from noon on September 14 until noon on September 15, at which time employees from local businesses will help paint, repair, plant and remodel at assorted United Way Agencies throughout the Valley. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, that September 14-15 is hereby proclaimed to be the 1993 DAY OF CARING in Roanoke County; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its appreciation to the corporate and individual citizens throughout the Valley who will be participating in the event. 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 Resolutions of Appreciation File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 RESOLUTION 91493-2 AUTHORIZING COUNTY TO SUBMIT A PLAN TO THE STATE COUNCIL ON LOCAL DEBT FOR REFUNDING A PORTION OF THE 1991 WATER REVENUE BONDS WHEREAS, the County of Roanoke, Virginia ("County") has issued its $59,731,873.75 Water System Revenue Bonds, Series 1991 ("Prior Bonds"); and WHEREAS, the Board of Supervisors has determined that it is advisable to authorize the County Administrator, the Director of Finance and such other officers and agents of the County as they may designate to determine the advisability and feasibility of issuing the bonds of the County in one or more series 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 to receive the approval of the SCLD before issuing bonds to 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 SOLD has approved the issuance of the Refunding Bonds. If 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 and the Director of Finance or either of them, 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 advance refunding of the Prior Bonds as determined by such officers or officer shall produce a Present Value Savings Ratio (as defined in the State Council on Local Debt Guidelines) of not less that .03 (3%) . 3. This Resolution shall take effect immediately. 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: % c" -A Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney I hereby certify that the foregoing is a true and correct copy of Resolution 91493-2 authorizing the County to submit a plan to the State Council on Local Debt for refunding a portion of the 1991 Water Revenue Bonds adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, September 14, 1993. Mary H. lien, Clerk Roanoke County Board of Supervisors A-91493-3 ACTION NO. ITEM NUMBER .ff " .Z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1993 AGENDA ITEM: Approval of Implementation Agreement for the Roanoke Valley Resource Authority COUNTY ADMINISTRATOR'S COMMENTS:: SUMMARY OF INFORMATION: As part of the creation of the Roanoke Valley Resource Authority, on October 23, 1991, the County of Roanoke, the City of Roanoke and the Town of Vinton signed a Distribution and Indemnification Agreement and an Assignment Agreement to specify the turnover of assets from the existing Roanoke Valley Regional Solid Waste Management Board ("Landfill Board") to the newly created Roanoke Valley Resource Authority ("Authority"). In the 1993-94 budget process of the Landfill Board and the Authority, it was anticipated that effective October 1, 1993 the Authority would become responsible for the solid waste disposal operations. It now appears that the actual opening of the new landfill will be some time in November 1993. In order to facilitate the planning for the conversion of the Landfill assets and employees, the attached agreement was developed by the Landfill Board and Authority in order to use October 1, 1993 as the effective day of conversion even though the actual opening of the new facility will be delayed by several weeks. By using this vehicle we can transfer all the existing employees and assets in coordination with the already approved budgets of the Authority and the Landfill Board. This document anticipates transferring a total of $9.5 million to the Resource Authority to be broken down into a closure reserve for the existing landfill ($5.5 million), a post closure care reserve for the existing landfill ($2 million), and a reserve to be used by the City, County, and Town as a credit on tipping fees ($2 million). At the completion of final audit for the Landfill Board, any remaining funds will be transferred to the Authority. The Landfill Board and the Resource Authority have approved the attached implementation agreement. This document also needs to be approved by the City of Roanoke, the County of Roanoke and the Town of Vinton. � - .2, STAFF RECOMMENDATION: Staff recommends approval of the attached implementation agreement to transfer all personal equipment and assets of the Landfill Board to the Resource Authority effective October 1, 1993. Respectfully submitted, Approved by, Diane D. Hyatt Elmer C. Hodge Director of Finance County Administrator ------------------------------------------- Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Motion by Harry C Nickens to approve agreement cc: File Diane D. Hyatt, Director, Finance Gardner W. Smith, Chairman, RVRA John H. Parrott, Chairman, RVRSWMG Mar F P VOTE No Yes Abs Eddy x Johnson x Kohinke x Minnix x Nickens x I arker, Clerk, Roanoke City Council Carolyn S. Ross, Clerk, Town of Vinton Council ROANOKE VALLEY RESOURCE AUTHORITY '- 3433 Brambleton Avenue, SW Roanoke, Virginia 24018 (703) 772-2130 August 24, 1993 Mr. Elmer C. Hodge County Administrator County of Roanoke P.O. Box 29800 Roanoke, VA 24018 Dear Mr. Hodge: As you may recall, the Resource Authority has been working toward a transfer of operations from the Regional Landfill to the Resource Authority, prior to the end of the current year. Both Boards, in coordination with their legal advisors, have developed an implementation plan for smooth transition. The Regional Landfill Board and the Roanoke Valley Resource Authority have approved the attached Implementation Agreement to transfer all personnel, equipment, assets and responsibilities of the current landfill board to the Resource Authority. This agreement is in accordance with the Member Use Agreement and must be approved by all charter members. The Implementation Agreement is hereby submitted to each member jurisdiction for consideration and approval. Approval is requested no later than September 30, 1993, as established by the Agreement. Your consideration of this matter will be appreciated. Sincerely, Gardner W. Smith Chairman, Roanoke Valley Resource Authority 4E-2 Implementation Agreement For (i) Distribution and Indemnification Agreement dated October 23, 1991 and (ii) Assignment Agreement dated October 23, 1991 This Implementation Agreement is entered into this _ day of 1993 b and between the Roanoke Valley Regional Solid Waste Management Board ("Board"' the City of Roanoke ("City"), the County of Roanoke ("County"), the Town of Vinton ("Town") and the Roanoke Valley Resource Authority as successor to the Roanoke County Resource Authority ("RVRA"). Whereas, by Distribution and Indemnification Agreement dated October 23, 1991, ("Distribution Agreement"), the parties agreed that Board personnel would be given the opportunity to become employees of the RVRA and that all equipment, vehicles, and personal property of the Board, excluding financial assets, would be transferred to the RVRA upon certain terms and conditions; and, Whereas, by Assignment Agreement dated October 23, 1991, ("Assignment Agreement"), the parties agreed to the transfer by the Board to the RVRA of certain funds upon certain conditions; and, Whereas, the parties desire herein to provide for implementation of such Distribution Agreement and Assignment Agreement as of October 1, 1993, including: (i) if necessary, the operation by the RVRA of the existing Board landfill facilities after October 1, 1993; (ii) closure of the existing Board landfill facilities by the RVRA; (iii) post -closure activities for the existing Board landfill to be undertaken by the RVRA; and, (iv) the funding for such activities; and, Whereas, in accordance with the Distribution Agreement: (i) the RVRA has been created as successor to the Roanoke County Resource Authority; (ii) the RVRA has determined that Board employees will be needed as of October 1, 1993; and, (iii) the Board has determined that Board employees will be available as of October 1, 1993; and, Whereas, in accordance with the Assignment Agreement, the Board, and the City, County, and Town have determined and agreed that: (i) remaining unencumbered Board funds of $ 5,500,000.00 are needed for closure of the existing landfill; (ii) an escrow account of $ 2,000,000.00 has been identified and established as having appropriate financial resources for Post -closure responsibilities at the existing Board landfill facility; and, (iii) remaining unencumbered Board funds of $ 2,000,000.00 are not needed for closure of the existing landfill or expansion and closure of a new area; it being understood and agreed that all estimates are subject to the Board's final financial audit upon cessation of the existing landfill operations and determination of final closure and post -closure estimates. Therefore, for good and valuable consideration, including the mutual promises previously agreed to as well as those set forth herein, the parties agree as follows: 1. The Board has determined that Board employees in good standing as of October 1, E-•2 Implementation Agreement page 2 July 23, 1993 1993, are available to be employed by the RVRA and the RVRA has determined that said employees are needed, and therefore, said employees, with their agreement, shall have the opportunity to become employees of the RVRA as of October 1, 1993, being subject to any rules and regulations as may be adopted by the RVRA, as set forth in the Distribution Agreement. 2. The Board and the City, County, and Town have determined that all of the equipment, vehicles, and personal property listed on Exhibit A attached hereto and incorporated herein are free and clear of all security interests, liens, claims, obligations or encumbrances of any sort and are available to be transferred to the RVRA and are not needed to be retained by the Board and the RVRA has determined and agreed to accept said equipment, vehicles, and personal property; therefore, said equipment, vehicles, and personal property shall be transferred and conveyed to the RVRA as of October 1, 1993. The value of the equipment, vehicles, and personal property transferred hereunder shall be established by mutually acceptable independent appraisal. 3. As of October 1, 1993, in the event the RVRA landfill facilities are not open and in full operation, and it is necessary for the existing Board landfill facilities to remain in operation, the Board and the City, County, and Town hereby authorize the RVRA and the RVRA hereby agrees to operate the existing Board landfill facilities in accordance with Board policies and procedures until such time as the RVRA landfill facilities are open and in full operation. RVRA shall be entitled to retain all revenues collected from the operation of the Board landfill during such period as payment in full for agreeing to undertake such operation. 4. As of October 1, 1993, or such later date that the RVRA landfill facilities are open and in full operation, the Board and the City, County, and Town hereby authorize the RVRA and RVRA agrees to engage in appropriate closure and post -closure activities for the existing Board landfill facilities in accordance with applicable law. 5. The Board and the City, County, and Town have determined that $ 5,500,000.00 constitutes unencumbered financial assets of the Board that are necessary for the closure of the Board's existing landfill and such funds are hereby conveyed and transferred to the RVRA to be used solely for such purpose until: (i) such time as the funds in the account are depleted; or, (ii) the RVRA determines that the account is no longer needed for its intended purpose, in which case, any funds remaining in the account shall be available for use by the RVRA for any authorized purpose. It is recognized and agreed that RVRA will retain complete discretion to determine whether City, County, and Town will receive any or no credit towards tipping fees at the RVRA landfill facility for the transfer of the funds identified in this paragraph. 6. The Board and the City, County, and Town have determined that $ 2,000,000.00 constitutes appropriate financial resources for post -closure activities at the existing Board landfill and such funds are hereby conveyed and transferred to the RVRA to be held as a separate account solely for such post -closure activities at the existing Board landfill, or closure of the existing Board landfill if determined to be necessary by the RVRA, until: (i) such time as the tom- 2 Implementation Agreement page 3 July 23, 1993 funds in the account are depleted; or, (ii) the RVRA determines that the account is no longer needed for its intended purpose, in which case, any funds remaining in the account shall be available for use by the RVRA for any authorized purpose. It is recognized and agreed that RVRA will retain complete discretion to determine whether City, County, and Town will receive any or no credit towards tipping fees at the RVRA landfill facility for the transfer of the funds identified in this paragraph. 7. The Board and the City, County, and Town have determined that $ 2,000,000.00 constitutes the remaining unencumbered financial assets of the Board that are not necessary for the closure of the Board's existing landfill or post -closure activities and such funds are hereby conveyed and transferred to the RVRA to be used for any authorized purpose. It is intended that City, County, and Town may receive credit towards the tipping fees at the RVRA facility up to the amount of funds transferred to RVRA pursuant to this paragraph as well as for the value of the equipment, vehicles, and personal property transferred pursuant to paragraph 2 above, such credit to be allocated in a manner acceptable to City, County, and Town. Board, City, County, and Town agree that: (i) RVRA reserves the right to adjust the amount and scheduling of such credits as RVRA shall deem necessary; and, (ii) City, County, and Town will receive no credit towards tipping fees at the RVRA landfill facility for that portion of the funds transferred to RVRA pursuant to this paragraph that may later be determined to be necessary for use by RVRA for closure or post -closure activities at the existing Board landfill facility, but only to the extent credit for the transfer of such funds has not already been given. 8. The Board shall remain fully liable and responsible for all claims and obligations against the Board except as otherwise agreed, including, without limitation, Board worker's compensation and personnel related claims invoiced before October 1, 1993, and shall retain appropriate funds to satisfy such claims until completion of the final Board audit. RVRA shall be responsible for all personnel claims arising after October 1, 1993. After completion of the final Board audit, any remaining funds previously identified and retained by the Board for payment of outstanding claims and liabilities will be transferred to the RVRA in accordance with this agreement. 9. RVRA hereby accepts the conveyance and transfer of equipment, vehicles, personal property, and funds as set forth and on the terms and conditions described herein. 10. The parties hereto intend that such actions shall be taken as are deemed necessary to implement the Distribution Agreement and Assignment Agreement. Implementation Agreement page 4 July 23, 1993 WITNESS the following signatures: Ro ke Valley Regional Solid Wast ariag er Board By-/ ; Its:&4W40A( 4E-2 Attest: 41,���, ��� Title: Roanoke Valley Resource Authority By:� G er Smith Its:- Chairman City of Roanoke By: Its: County of Roanoke By: Its: Town of Vinton By: Attest: Carolyn Vfagner Title: Title: Its' Title: Attest: Attest: Attest: E: -.z AT A MEETING OF THE ROANOKE VALLEY RESOURCE AUTHORITY HELD AT THE BRAMBLETON CORPORATE CENTER ON THURSDAY AUGUST 19, 1993 RESOLUTION No. RA93-75 A RESOLUTION AUTHORIZING THE IMPLEMENTATION AGREEMENT FOR THE TRANSFER AND ASSIGNMENT OF ASSETS AND OTHER RIGHTS AND OBLIGATIONS FROM THE EXISTING LANDFILL AND MEMBER JURISDICTIONS TO THE AUTHORITY UPON CERTAIN TERMS AND CONDITIONS BE IT RESOLVED by the Roanoke Valley Resource Authority that the Authority Chairman and Secretary are authorized to execute and attest, respectively, on behalf of the Authority, in form approved by General Counsel, the Implementation Agreement for Distribution and Indemnification Agreement, and Assignment Agreement, dated October 23, 1991, providing for the transfer and assignment of certain assets and other rights and obligations by the Roanoke Valley Solid Waste Management Board and the member jurisdictions to the Authority, such agreement to include such terms and conditions as may be deemed to be in the best interests of the Authority, all as more particularly set forth in the report by the Chief Executive Officer to this Board dated August 19, 1993; and, BE IT FURTHER RESOLVED THAT the Authority Chairman shall be authorized to forward the Implementation Agreement to the other signatory parties for approval and execution. ATTEST: 17 , Secretary E..2- Ms. Hyatt made a motion to approve resolution RA93-75 authorizing the Implementation Agreement for the Transfer and Assignment of assets and other rights and obligations from the existing landfill and member jurisdictions to the Authority upon certain terms and conditions, seconded by Ms. Wimmer, and carried by the following recorded vote: AYES: Mr. Benninger, Ms. Hyatt, Mr. Kiser, Ms. Schefsky, Ms. Wimmer, Mr. Smith NAYS: None ABSENT: Mr. Parrott measureAimplemat.agr A-91493-4 (DENIED) 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: September 14, 1993 AGENDA ITEM: Request from Roanoke Arts Commission for Donation to Support 1994 High School Art Show COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke Arts Commission has requested a contribution from the County of Roanoke to support the 1994 High School Art Show. The High School Art Show is open to students across the Valley and at the 1993 Show, many of the winners were County students. They have received a $500 donation from the City of Salem School Division. This request was originally received during the budget process and was denied. It is now being resubmitted for consideration. STAFF RECOMMENDATION: It is recommended that the Board approve a donation of $500 from the Board Contingency Fund to support the 1994 High School Art Show. Approy d by, Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Motion by Harry C. No Yes Abs Denied ( ) Nickens to deny request for Eddy x Received ( ) funding Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Diane D. Hyatt, Director, Finance Dr. Bayes Wilson, Superintendent, Roanoke County Schools AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 RESOLUTION 91493-5 FOR AUTHORIZATION TO SUBMIT A REQUEST FOR A VIRGINIA COMMUNITY DEVELOPMENT BLOCK GRANT WHEREAS, Roanoke County desires to apply for $700,000 of Virginia Community Development Block Grant funds for the Valley TechPark Development Project, and WHEREAS, $450,000 of Virginia Department of Transportation (VDOT) Industrial Access funds, $39,750 of VDOT Excess Revenue Sharing funds, $85,000 from the County Utility fund, $21,473 from Departmental Capital Budget fund, and $143,387 of a Roanoke County citizen approved bond fund referendum will also be expended on this project, and WHEREAS, it is projected that 150 jobs will benefit the citizens of both the New River Valley and Roanoke Valley, and WHEREAS, up to 120 jobs will be held by low- and moderate - income persons, and WHEREAS, citizens participation requirements have been complied with through two duly publicized public hearings. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the Roanoke County Board of Supervisors hereby authorizes the County Administrator to sign and submit all appropriate documents necessary to constitute an application for 1993 Virginia Community Development Block Grant funds. 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 Timothy W. Gubala, Director, Economic Development I hereby certify that the foregoing is a true and correct copy of Resolution 91493-5 for authorization to submit a request for a Virginia Community Development Block Grant adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, September 14, 1993. '7-n'Av� . Mary H. Allen, Clerk Roanoke County Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATOR CENTER ON TUESDAY, SEPTEMBER 14, 1993 RESOLUTION 91493-6 APPROVING A SPECIFIC CAPITAL EXPENDITURE FOR THE ACQUISITION BY THE ROANOKE REGIONAL AIRPORT COMMISSION OF AN AIRCRAFT RESCUE AND FIRE FIGHTING VEHICLE WHEREAS, Section 17.(b) of the contract between Roanoke County, the City of Roanoke and the Roanoke Regional Airport Commission provides that the Commission shall prepare and submit for approval any proposed capital expenditure exceeding $100,000.00 to benefit five or more future accounting periods; and WHEREAS, by report dated August 31, 1993, a copy of which is on file in the Office of the Clerk to the Board, the Roanoke Regional Airport Commission has submitted a request that the County approve a certain capital expenditure by the Commission for the purchase or rehabilitation of an aircraft rescue and fire fighting vehicle in the total amount of $270,000. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that this Board hereby approves the capital expenditure by the Roanoke Regional Airport Commission of $270,000 in connection with the purchase or rehabilitation of an aircraft rescue and fire fighting vehicle, and the County Administrator and Clerk to the Board are authorized to execute and attest, respectively, on behalf of the County, any additional documentation, in form approved by the County Attorney, necessary to evidence said approval, as more particularly set forth in the report to this Board on this subject from the Roanoke Regional Airport Commission dated August 31, 1993, a copy of which is on file in the Office of the Clerk to the Board. On motion of Supervisor Minnix 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 Jacqueline L. Shuck, Executive Dir, Roanoke Regional Airport Paul M. Mahoney, County Attorney Mary F. Parker, Clerk, Roanoke City Council AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 ORDINANCE 91493-7 AMENDING AND REENACTING SECTION 12-34. DISPLAY OF DECAL GENERALLY, OF ARTICLE II. COUNTY VEHICLE LICENSE OF CHAPTER 12 OF THE ROANOKE COUNTY CODE TO EXPAND THE REQUIREMENT FOR DISPLAY OF COUNTY VEHICLE DECALS WHEREAS, a small minority of residents of Roanoke County and some individuals and businesses who normally garage or park a motor vehicle within the county continue to evade payment of personal property taxes and purchase of county vehicle decals; and WHEREAS, the current fiscal environment requires that every effort be made to insure that all taxes rightfully owed to the county are collected; and WHEREAS, the 1993 session of the General Assembly has amended the Code of Virginia to clarify that localities now have the authority to issue parking tickets, citations or uniform traffic summonses to residents of the locality where such vehicle is registered to enforce local motor vehicle decal requirements; and WHEREAS, the first reading of this ordinance was held on August 24, 1993; and the second reading for this ordinance was held on September 14, 1993. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 12-34 of the Roanoke County Code entitled "Display of decal generally" be amended and reenacted to read and provide as follows: Sec. 12-34. Display of decal generally. 1 a) A license decal issued under this article shall be attached to and displayed on the windshield of the vehicle for which issued in such manner as to be clearly visible. ......:, .... ..... .. ... unlawful for an ersont<`iftx b) It shall be Y P.................................................................... to operate a motor vehicle, trailer, or semi -trailer required to be licensed under this article on any street, highway, road, or other traveled way in the County, unless a current license decal is displayed thereon as required by this section. The fact that the current license tax has been paid on such vehicle shall not bar prosecution for a violation of this section. A violation of this section shall be punished by a fine of not less than twenty dollars ($20.00) and not more than one hundred dollars ($100.00). Any violation of this section may not be discharged by payment of such fine except upon presentation of satisfactory evidence that the license herein required has been obtained. C) Each day that a vehicle is operated without a current license decal being displayed shall be considered a separate 2. The effective date of this ordinance shall be October 1, 1993. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: 2 AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Circuit Court C. O. Clemens, Judge, Kenneth Trabue, Judge Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McG. Strickland, Judge Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, II, Chief Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Michael Lazzuri, Court Services 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 Avenue, S.W., Rke 24016 Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Diane D. Hyatt, Director, Finance O. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Don C. Myers, Assistant County Administrator Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Thomas C. Fuqua, Chief, Fire & Rescue Gardner W. Smith,, Director, General Services Thomas S. Haislip, Director, Parks & Recreation Elaine Carver, Director, Procurement John W. Birckhead, Director, Real Estate Assessment 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 ORDINANCE 91493-8 AMENDING AND REENACTING SECTION 10-33. REAL ESTATE SERVICES., SECTION 10-34. PROFESSIONAL SERVICES. AND SECTION 10- 36. PERSONAL AND BUSINESS SERVICE OCCUPATIONS. OF ARTICLE I. IN GENERAL, OF CHAPTER 10, LICENSES, TO EXEMPT GROSS RECEIPTS LESS THAN $3,000 FROM BUSINESS LICENSE TAX LIABILITY. WHEREAS, Section 10-36, "Personal and Business Service Occupations" of the Roanoke County Business License Ordinance imposes a business license tax of $0.34 per $100.00 of gross receipts upon a wide variety of personal and business services conducted within the County of Roanoke with a minimum license tax of thirty dollars ($30.00); and WHEREAS, the broad definition of "personal and business service" defined by representative example in subsection (b) of Sec. 10-36 includes many services conducted on a part-time basis and by juveniles and retired individuals; and WHEREAS, Section 10-34, "Professional services" of the License Ordinance imposes a business license tax of $0.50 per $100.00 of gross receipts upon every person providing professional services within the County with a minimum license tax of thirty dollars ($30.00); and WHEREAS, the definition of "professional services" defined in subsection (b) of Sec. 10-34 may include retired or part-time professionals or those individuals who maintain a valid state professional license merely to prevent such license from lapsing; and 1 WHEREAS, Section 10-33, "Real estate services" of the License Ordinance imposes a business license tax of $0.50 per $100.00 of gross receipts upon every person providing real estate services, including real estate agents, brokers, escrow agents and appraisers, within the County with a minimum license tax of thirty dollars ($30.00); and WHEREAS, the definition of "real estate services defined in subsection (c) of Sec. 10-33 may include retired or part-time real estate agents or brokers or those individuals who maintain an agent's license with a licensed real estate broker to prevent such license from lapsing; and WHEREAS, the administrative time and expense incurred by the Commissioner of the Revenue's Office in processing the large number of such persons for whom the minimum tax of $30.00 will apply is not cost effective for the County of Roanoke; and WHEREAS, no specific exemption exists in this ordinance to permit the Commissioner to excuse the filing of a return and the payment of a business license tax by those persons having gross receipts of only a few thousand dollars each year; and WHEREAS, a first reading of this ordinance was held on August 24, 1993; and the second reading was held on September 14, 1993. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 10-33 Real Estate Services. , Section 10-34. Professional Services. and Section 10-36 Personal and business service occupations. of Article I. In General, of Chapter 10, E Sec. 10-36. Personal and business service occupations. (a) Every person engaged in the business of providing a 3 personal or business service shall pay for the privilege an annual license tax of thirty-four cents ($0.34) per one hundred dollars ($100.00) of gross receipts from the occupation during the preceding calendar year or thirty dollars ($30.00), whichever is 2. This ordinance shall be effective from and after October 1, 1993. 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 cc: File Circuit Court C. O. Clemens, Judge, Kenneth Trabue, Judge Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McG. Strickland, Judge Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, II, Chief Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Michael Lazzuri, Court Services Intake Counsellor General District Court John L. Apostolou, Judge George Harris, Judge Theresa A. Childress, Clerk A COPY TESTE: Mary H. Al en, Clerk Roanoke County Board of Supervisors 4 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 Avenue, S.W., Rke 24016 Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assist County Adm Diane D. Hyatt, Dir, Finance O. Arnold Covey, Dir, Eng & Inspections Terrance L. Harrington, Dir, Plan & Zoning Kenneth L. Hogan, Chief Animal Control Officer Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 RESOLUTION 91493-9 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 September 14, 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 6, inclusive, as follows: 1. Approval of Minutes - August 24, 1993 2. Acknowledgement of Acceptance of 0.16 Miles of Whipplewood Court into the Secondary System by the Virginia Department of Transportation. 3. Request for Approval of a Raffle Permit and One - Time Bingo Game from the Penn Forest Elementary School PTA. 4. Request for Approval of a Raffle Permit from the National Wild Turkey Federation. 5. Request for Approval to Hire Outside Counsel for the Cable TV Committee. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson 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 Bingo/Raffle File Cable TV File A -91493-9.a 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: September 14, 1993 AGENDA ITEM: Acknowledgement of Acceptance of 0.16 Miles of Whipplewood Court into the Secondary System by the Virginia Department of Transportation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County has received acknowledgement that the following road has been accepted into the Secondary System by the Virginia Department of Transportation effective August 16, 1993. Branderwood, Section 5 0.16 Miles of Whipplewood Court (Route 1961) SUBMITTED BY: '4V1• Mary H. Allen Clerk to the Board APPROVED BY: cp— Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bob L. Johnson No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Arnold Covey, Director, Engineering & Inspections A -91493-9.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: September 14, 1993 AGENDA ITEM: Request for Approval of a Raffle Permit and One - Time Bingo Game from the Penn Forest Elementary School P.T.A. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Penn Forest Elementary School P.T.A. has requested a permit to hold a raffle and one-time bingo game in Roanoke County on October 9, 1993. This application has been reviewed with the Commissioner of Revenue and he recommends that it be approved. He advises that one application will cover both permits since the monies collected will be used for the same purpose. 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 and One - Time Bingo Game be approved. SUBMITTED BY: Mary H. Allen Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bob L. Johnson 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. seg. 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 V BINGO GAMES V Name of Organization no S(-hGCA PTA Street Address Me y—r-i rno n Mailing Address M 6 man Ro City, State, Zip Code KCS O'n7 k-eyi� Ig(D 113 Purpose and Type of Organization When was the organization founded? 19 +Z1 Roanoke County meeting place? P"An Has the organization been in existence in Roanoke County for two continuous years? YES NO J Is the organization non-profit? YES NO Federal Identification Number Attach copy of IRS Tax Exemption Letter. Officers of the Organization: President: Ar,rLL- 1;4rr1 n Address: i Secretary: Address: vice -President F fir, ul YCI Address: Treasurer: cj'_A.n'r t�-- Address: Member authorized to be responsible for Raffle or Bingo operations: Name: 1k( j(� i -i( �� r Home Address rt • fn Phone Bus Phone A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBERSHIP MUST BE FURNISHED WITH THIS APPLICATION. 6 r1 � � � � � n,�_-ecA tcl Specific location where Raffle or Bingo Game is to be conducted. ,ern RAFFLES: Date of Drawing �(� �� -` Time of Drawing 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 I F To 2 1.0- q- y 3 I 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. and "�' 3 BINGO: Complete the following: Legal owner(s) of the building where BINGO is to be conducted: Name: Gln c' m Address: CountyRoan nu, state_zIP Is the building owned by a 501-C non-profit organization? L 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? / 5 3. Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Bingo games and Raffles, and that such recp �ds_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? 5! 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? L 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? 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? LV 5 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 man gement, 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? 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 ar.,complete list of its membership to this application form? ! C ��d�, 15. Has your organization ,attached a copy of its bylaws to this application form? 00 J Y, *� ) , !F- 16. F-16. Has the organization been declared exempt from property taxation under the Virginia Constitution or statues? f -C t, If yes, state whether exemption is for real, prersonal propert , or both and identify exempt property. r a/l o ;1 LL OLx o )% 17. State the specific type and purpose of the organization. r TA - �� Ltd �1���I �c'S Oct- i 0 rf-t�j 18. Is this organization incorporated in Virginia? S 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 Ch 'table 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? n (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 Rrn0K a"nWDI (&Y- S, 61, ( C,� S Fair Market Value `G- U? 6 S6 ' 12- 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? Ind 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? 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 yea 's.) C. A record of the name and address of each individual to whom a door prize, regular or special Bingo game ize or jackpot from the playing of Bingo is awarded? S 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?�{Q �_ 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?� S 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? 5 24. Does your organization understand it may not sell an instant bingo card to an individual below sixteen years of age? ,� 7 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 501C Internal Revenue Code Service? (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? UV 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. 28. Does you organization understand that annual gross receipts from bingo games or raffles in excess of five hundred thousand dollars ($500,000.00), shall attach to such report an opinion of a licensed independent certified public accountant that (i) the annual financial report presents fairly, in all material respects, beginning cash, receipts, operating cost, use of proceeds, and ending cash. (ii) the proceeds of any bingo games or raffles have been used for those lawful, religious, charitable, community or education purposes? (A/5 Does your organization understand the failure ko file the opinion of a licensed independent certiied publ�V'4� accountant shall cause the automatic revocation of permit? 8 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. Sign b Name Title Home Address 2p <� Subscribed and sworn befo me, his day of 197 3 in the County/City of_ , Virgini . My commission expires: n 19 �(L o ry 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. _ a _ zi 3 GJ Date V1 Commis-l7 of t Revenue The above application is not approved. Date Commissioner of the Revenue 0 A -91493-9.c 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: September 14, 1993 AGENDA ITEM: Request for approval of a Raffle Permit from the National Wild Turkey Federation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The National Wild Turkey Federation has requested a permit to hold a raffle in Roanoke County on September 18, 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 be approved. SUBMITTED BY: Mary H. Allen Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Rnh r. jnhnsnn 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. sec. 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-VA7-/0k$f, WIC -.D / Ugr ft rA4770N Street Address }�ff6,-J'S�/L1�/4-N/A Mailing Address A / City, State, Zip Code S*f'& 1 y/5 3 Purpose and Type of Organization /1%d L) Pftr-I ✓ 0-0e- CDUS��e�J When was the organization founded? C,6(AP7zFW /V6U /98-7 Roanoke County meeting place? V.4 Z/6 UIS Has the organization beenip existence in Roanoke County for two continuous years? YES ✓ NO Is the organization non-profit? YES ✓ NO / Federal Identification Number 6&- ao 3 8 V A( Attach copy of IRS Tax Exemption Letter. Officers of the Organization: President: JEFF /rLEra#f e Address: 35i1 AeyNN. A,/ .S A4,950195f /5,_:�t Secretary: B6 iC 4ms,ry Address: S; 3,7 el )-A) 2O. -M ore a.yv/8 Vice -President Dad /d.4F Address: 0 Treasurer : as uL -�/ Address: 3 37 e.e_*&D D '2p #'A) OK& ;DC/0/8- Member Dy0/8 Member authorized to be responsible for Raffle or Bingo operations: Name: Home Address Phone W37 -11(o,81 Bus Phone -77Z 77-60 A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBERSHIP MUST BE FURNISHED WITH THIS APPLICATION. Specific location where Raffle or Bin o Game is to be conducted. T�BArer, our��TrV*-T ao= AIT- izD RAFFLES: Date of Drawing Time of Drawing 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 6 State specifically how the proceeds from List in detail the planned or intended estimated amounts if necessary. .pori Co�S��A�-yen Bingo/Raffle will be used. use of the proceeds. Use F-- T, O v` F -C --;�v o-�'s BINGO: Complete the following: Legal owner(s) of the building where BINGO is to be conducted: Name: Address: County State ZIP Is the building owned by a 501-C non-profit organization? Seating capacity for each location: Parking spaces for each location: ALL 7RAFFLE ND BINGO APPLICANTS MUST ANSWER QUESTI S 1-19 1. oss receipts from all sources related to the ion 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 NAA TOTAL 1st Quarter 2nd Quarter 3rd Quarter _ /A 4th Quarter J&J/A TOTAL "„G 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? ip 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? -re 5. 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? y s 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? `'f e& 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?'PS 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 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? Te g 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? %c t 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? `(es 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? le S 14. Has your organization attached a complete list of its membership to this application form? t 15. Has your organization attached a copy of its bylaws to this application form? -ec s 16. Has the organization been declared exempt from property taxation under the Virginia Constitution or statues?--61A— If yes, state whether exemption is for real, personal property, or both and identify exempt property. a r�� err,. Dw►Ot.• y 17. State the specific type nd purpose of the organi ation. W`0+w Avi z"I IJ 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?Qe�_ (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 i;a«"*J pevorr 040%-1- pr'r-t ii RAe. Fair Market Value fOGIf0e 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 §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: s✓ • i Name Title Home Address Subscribed and sworn before me, this ,?Wday ofj2 l/ . 19 /� in the County/Cit-y6 of Virginia My commission expires: ax -iz 19 RETURN THIS COMPLETED APPLICATION TO: COMMISSIONER OF THE REVENUE P.O. BOX 20409 ROANOKE, VA 24018-0513 Notary Public 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. /1--1 Dat& Ir C issj ner of W Revenue The above application is not approved. Date 9 Commissioner of the Revenue A -91493-9.d ACTION NO. ITEM NO. lr_ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1993 AGENDA ITEM: Authorization to retain legal counsel to assist Roanoke Valley Regional Cable Television Committee with legal issues related to cable service rate regulation under the 1992 Cable Act. COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: The Regional Cable Television Committee has recommended the hiring of a law firm experienced in representing local governments on cable television and related communications law issues. This action would authorize the hiring of this firm to represent Roanoke County as one of the franchising authorities constituting this Committee and commit the county to pay its pro -rate share of these legal fees. BACKGROUND: The passage of the 1992 Cable Act created on opportunity for local cable system franchising authorities to exercise rate setting authority over "basic cable service" and equipment upon obtaining certification from the Federal Communications Commission (F.C.C.). While the actual mechanics of local cable rate regulation has been described by the F.C.C. as a straightforward process, the F.C.C.'s Report and Order on this one issue alone exceeds 350 pages in length. The decision whether a franchising authority should file with the F.C.C. for "certification" and the actual mechanics of review of the cable operators rate system raise important and complex legal issues about which the cable systems are knowledge- able and ably represented by their specialized legal counsel. SUMMARY OF INFORMATION: The Regional Cable TV Committee has recommended the hiring of the firm of Moss & Barnett of Minneapolis, Minnesota to represent its three jurisdictions on legal issues related to obtaining certi- fication to regulate "basic cable services" and reviewing the financial information provided by Cox Cable Roanoke, Inc., if local rate regulation is undertaken. This firm was chosen following an R.F.P. to more than a dozen firms with expertise in cable televi- sion and communications law and phone interviews by Mr. Dibling and K_3 myself with the top three firms. The firm chosen was selected on the basis of both superior experience in representing local govern- ments in this specialized legal area and in the estimated cost of their services. This firm currently represents several Virginia localities including Norfolk, Virginia Beach and Blacksburg as well as several cities in North Carolina FISCAL IMPACTS• It is anticipated that the combined cost to the three localities for the initial phase of obtaining F.C.C. certification and initial rate regulation review will be in the range of $4,000-6,000. Roanoke County's share would be approximately one- third of the total amount based upon its pro -rate share of the total number of subscribers to Cox Cable Roanoke. ALTERNATIVES• 1. Approve the proposed hiring of outside legal counsel in this specialized area of law and authorize the county to pay its pro -rate share of these legal costs. 2. Reject the proposal and continue to rely upon the governmental attorney's offices for each jurisdiction to provide legal counsel in this specialized area of the law. STAFF RECOMMENDATION: Staff recommends adoption of Alternative 1. Approved Denied Received Referred to cc: File Respectfully submitted, Jo4heph P. Obensnain S for Assistant County Attorney Action (x) Motion by Bob L. Johnson Eddy ( ) to approve Alternative #1 Johnson ( ) Kohinke Nickens Minnix Vote No Yes Abs X X X X X Joseph B. Obenshain, Senior Assistant County Attorney Diane D. Hyatt, Director, Finance Howard Musser, Chairman, RVRCTC AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 RESOLUTION 91493-10 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 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 ORDINANCE 91493-11 AMENDING AND REENACTING THE ZONING DISTRICT MAPS FOR ROANOKE COUNTY, BY THE ADOPTION OF CERTAIN MISCELLANEOUS CHANGES THROUGHOUT THE COUNTY TO SAID MAPS (BONSACR, COTTON HILL, POAGES VALLEY ROAD) WHEREAS, on December 15, 1992, the Board of Supervisors of Roanoke County, Virginia, adopted Ordinance 121592-10 which amended the Zoning District Maps for Roanoke County; and, WHEREAS, citizens in various areas of the County have requested that the zoning classifications as reflected in the new zoning district maps of their properties be re-examined to address their questions and concerns; and, WHEREAS, the Roanoke County Planning Commission held public hearings on June 1, 1993 and July 6, 1993, and have made recommendations to the Board; and WHEREAS, public necessity, convenience, general welfare and good zoning practice require that the following properties and zoning district maps be, and hereby are, submitted to the Board of Supervisors for amendment; and, WHEREAS, legal notice and advertisement has been provided as required by law, and that the first reading of this ordinance was held on July 27, 1993 and the second reading and public hearing was held on September 14, 1993. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That 111992 Zoning District Maps of Roanoke County, 1 Virginia" are hereby amended and reenacted as the zoning district maps for Roanoke County, Virginia, as follows: (A) That the following described properties are hereby changed from AG -1, Agriculture/Rural Low Density District, to R-1, Low Density Residential District: 96.02-1-44; 96.02-1-45; (B) That the following described properties are hereby changed from AG -1, Agriculture/Rural Low Density District, to A -R, Agriculture/Residential District: 40.02-1-4; 40.02-1-5; 40.02-1-6; 40.02-1-7; 40.02-1-8; 40.04-1-3; 40.04-1-4; 40.04-1-5; 40.04-1-6; 40.04-1-7; 40.04-1-8; 40.04-1-9; 40.04-1-9.1; 40.04-1-9.2; 40.04-1-10; 40.04-1-40; 40.04-1-41; p/o 40.04-1-42; 40.04-1-45; 40.04-1-46; 40.04-1-47; 40.04-1-48; 40.04-1-48.1; 40.04-1-49; 40.04-1-50; 40.04-1-51; 40.04-1-52; 40.04-1-53; 40.04-1-54; 40.04-1-55; 40.04-1-56; 40.04-1-57; 40.04-1-58; 50.01-1-16.3; 50.01-1-17; 50.01-1-18; 50.01-1-19; 50.01-1-19.1; p/o 50.02-1-1; p/o 50.02-1-1.2; 86.15-2-2; 86.15-2-3; 86.16-5-58; 86.19-1-1; 86.19-1-1.1; 86.19-1-2; 86.19-1-5; 86.19-1-6; 86.19-1-7; 86.19-1-8; 86.19-1-9; 86.19-1-10; 86.19-1-11; 86.19-1-12; 86.19-1-13; 86.19-1-14; 86.19-1-15; 86.19-1-16; 86.19-1-17; 86.19-1-18; 86.19-1-19; 86.19-1-20; 86.19-1-21; 86.19-1-22; 86.19-1-23; 86.19-1-24; 86.19-1-25; 86.19-1-26; 86.19-1-27; 86.19-1-28; 86.19-1-29; 86.19-1-29.1; 86.19-1-29.2; 86.19-1-29.3; 86.19-1-30; 86.19-1-31; 86.19-1-32; 86.19-1-32.1; 86.19-1-33; 86.19-2-1; p/o 86.19-2-9; 86.19-2-31; p/o 86.19-2-32; 86.19-2-33; 86.19-2-33.1; 86.19-2-33.2; 86.20-3-1; 86.20-3-3; 86.20-3-4; 86.20-3-5; 86.20-3-6; 2 86.20-3-7; 86.20-3-8; 86.20-3-9; 86.20-3-10; 86.20-3-11; 86.20-3-12; 86.20-3-13; 86.20-3-14; 86.20-3-15; 86.20-3-16; 86.20-3-17; 86.20-3-18; 86.20-3-19; 86.20-3-20; 86.20-3-21; 86.20-3-21.1; 86.20-3-22; 86.20-3-23; 86.20-3-24; 95.02-2-44; 95.02-2-45; 95.02-2-46; 95.02-2-47; 95.02-2-48; 95.02-2-48.1; 95.02-2-49; 95.02-2-51; 95.02-2-53; 95.02-2-54; 95.02-2-55; 95.02-2-56; 95.02-2-57; 95.02-2-58; 95.02-2-60; 95.02-2-60.1; 95.02-2-60.2; 95.02-2-60.3; 95.02-2-60.4; 95.02-2-61; 95.02-2-61.1; 95.02-2-61.2; 95.02-2-62; 95.02-2-63; 95.04-1-6; 95.04-1-7; 95.04-1-8.1; 95.04-1-8.2; p/o 95.04-1-12; 95.04-1-14; 95.04-1-16; p/o 95.04-1-17; 95.04-1-18; 95.04- 1-19; 95.04-1-20; 95.04-1-21; 95.04-1-22; 95.04-1-23; 95.04-1-24; 95.04-1-25; 95.04-1-26; 95.04-3-1; 95.04-3-2; 95.04-3-3; 95.04-3-4; 95.04-3-5; 96.01-1-1; 96.01-1-2; 96.01-1-3; 96.01-1-4.1; 96.01-1-5; 96.01-1-6; 96.01-2-1; 96.01-2-2; 96.01-2-3; 96.01-2-4; 96.01-2-5; 96.01-2-6; 96.01-2-6.1; 96.01-2-6.2; 96.01-2-7; 96.01-2-8; 96.01-2-9; 96.01-2-10; 96.01-2-11; 96.01-2-13; 96.01-2-14; 96.01-2-15; 96.01-2-16; 96.01-2-17; 96.01-2-18; 96.01-2-19; 96.01-2-19.1; 96.01-2-19.2; 96.01-2-20; 96.01-2-21; 96.01-2-21.1; 96.01-2-21.2; 96.01-2-22; 96.01-2-23; 96.01-2-24; 96.01-2-25; 96.01-2-26; 96.01-2-27; 96.01-2-28; 96.01-2-29; 96.01-2-30; 96.01-2-31; 96.01-2-32; 96.01-2-33; 96.01-2-34; 96.01-2-35; 96.01-2-36; 96.01-2-37; 96.01-2-38; 96.01-2-39; 96.01-2-40; 96.01-2-41; 96.01-2-42; 96.01-2-43; 96.01-2-44; 96.01-2-45; 96.01-2-46; 96.01-3-1; 96.01-3-2; 96.01-3-2.1; 96.01-3-3; 96.01-3-4; 96.01-3-5; 96.01-3-6; 96.01-3-7; 96.01-3-8; 96.01-3-9; 96.01-3-10; 96.01-3-11; 96.01-3-12; 96.01-3-13; p/o 96.01-3-37; 96.92_,_,. 96.02 96.02-1-3; 96.02-1-4; 96.02-1-5; 96.02-1-6; 96.02-1-7; 96.02-1-8; 96.02-1-9; 3 96.02-1-10; 96.02-1-11; 96.02-1-12; 96.02-1-13; 96.02-1-14; 96.02-1-15; 96.02-1-17; 96.02-1-18; 96.02-1-19; 96.02-1-20; 96.02-1-21; 96.02-1-22; 96.02-1-23; 96.02-1-24; 96.02-1-25; 96.02-1-26; 96.02-1-27; 96.02-1-28; 96.02-1-29; 96.02-1-30; 96.02-1-31; 96.02-1-32; 96.02-1-33; 96.02-1-34; 96.02-1-35; 96.02-1-36; 96.02-1-37; 96.02-1-38; 96.02-1-39; 96.02-1-41; 96.02-1-42; 96.02-1-43; 96.02-1-46.1; 96.02-1-46.2; 96.02-1-46.3; 96.03-1-2; 96.03-1-4; 96.03-1-5; p/o 96.03-1-7; 96.03-1-8; 96.03-1-9; 96.03-1-10; 96.03-1-11; 96.03-1-11.1; 96.03-1-13; 96.03-1-14; 96.03-1-15; 96.03-1-16; 96.03-2-1; 96.03-2-2; 96.03-2-3; 96.03-2-4; 96.03-2-5; 96.03-2-6; 96.03-2-7; 96.03-2-8; 96.03-2-9; 96.03-2-10; 96.03-2-11; 96.03-2-12.1; 96.03-2-12.2; 96.03-2-12.3; 96.03-2-19; 96.03-2-20; 96.03-2-21; 96.03-2-21.1; 96.03-2-22; 96.03-2-23; 96.03-2-24; 96.03-2-25; 96.03-2-26; 96.03-2-27; 96.03-2-28; 96.03-2-28.1; 96.03-2-29; 96.03-2-30; 96.03-3-1; 96.03-3-2; 96.03-3-3; 96.03-3-4; 96.03-3-5; 96.03-3-6; 96.03-3-7; 96.03-3-8; 96.03-3-9; 96.03-3-10; 96.03-3-11; 96.03-3-12; 96.03-3-13; 96.03-3-14; 96.03-3-15; 96.03-3-16; 96.03-3-17; 96.03-3-18; 96.03-3-19; 96.03-3-20; 96.03-3-21; 96.04-1-1; 96.04-1-2; 96.04-1-3; 96.04-1-4; 96.04-1-5; 96.04-1-6; 96.04-1-7; 96.04-1-8; 96.04-1-10; 96.04-1-12; 96.04-1-13; 96.04-1-14; 96.04-1-15; 96.04-1-16; 96.04-1-17; 96.04-1-18; 96.04-1-19; 96.04-1-20; 96.04-1-21; 96.04-1-22; 96.04-1-23; 96.04-1-24; 96.04-1-25; 96.04-1-26; 96.04-1-27; 96.04-1-28; 96.04-1-29; 96.04-1-30; 96.04-1-31; 96.04-1-32; 96.04-1-33; 96.04-1-34; 96.04-1-35; 96.04-1-35.1; 96.04-1-36; 96.04-1-36.1; 96.04-1-37; 96.04-1-38; 96.04-1-39; 96.04-2-3; 96.04-2-4; 96.04-3-1.1; 96.04-3-1.3; 96.04-3-1.4; 96.04-3-1.5; 96.04-3-1.6; 96.04-3-1.7; 96.04-3-1.8; 96.04-3-1.9; 96.04-3-1.10; 96.04-3-1.11; 96.04-3-1.12; 96.04-3-1.13; 96.04-3-1.14; 96.04-3-1.15; 96.04-3-1.16; 96.04-3-1.17; 96.04-3-1.18; 4 96.04-3-1.19; 96.04-3-1.22; 96.04-3-4; 96.04-3-7; 96.04-4-3; 96.04-4-6; 96.04-4-9; 96.04-4-12; 96.04-4-15; 96.04-4-18; 96.04-4-21; 96.07-1-2; 96.08-1-3; 96.08-2-2; 96.08-2-6; 96.04-3-1.20; 96.04-3-2; 96.04-3-5; 96.04-4-1; 96.04-4-4; 96.04-4-7; 96.04-4-10; 96.04-4-13; 96.04-4-16; 96.04-4-19; 96.04-4-22; 96.07-1-4; 96.08-1-1; 96.08-1-4; 96.08-2-3; 97.01-2-1; 97.01-2-2; 97.01-2-4; 97.01-2-5; 97.01-2-7; 97.01-2-8; 97.01-2-14; 97.01-2-15; Northern P/O 97.01-2-17 97.03-1-20; 97.03-1-23; 97.03-1-26; 97.03-1-29; 97.03-1-32; 97.03-1-36; 97.03-2-1; 97.03-2-4; 97.03-2-7; 97.03-2-10; 97.03-2-13; 97.03-2-16; 97.03-2-19; 97.03-2-21; 97.03-2-24; 97.03-2-27; 97.03-2-30 97.03-1-21; 97.03-1-24; 97.03-1-27; 97.03-1-30; 97.03-1-33; 97.03-1-37; 97.03-2-2; 97.03-2-8; 97.03-2-11; 97.03-2-14; 97.03-2-17; 97.03-2-20; 97.03-2-22; 97.03-2-25; 97.03-2-28; 96.04-3-1.21; 96.04-3-3; 96.04-3-6; 96.04-4-2; 96.04-4-5; 96.04-4-8; 96.04-4-11; 96.04-4-14; 96.04-4-17; 96.04-4-20; 96.07-1-1; 96.07-1-5; 96.08-1-2; 96.08-2-1; 96.08-2-4; 97.01-2-3; 97.01-2-6; 97.01-2-9; 97.01-2-16; 97.03-1-22; 97.03-1-25; 97.03-1-28; 97.03-1-31; 97.03-1-34; 97.03-1-38; 97.03-2-3; 97.03-2-6; 97.03-2-9; 97.03-2-12; 97.03-2-15; 97.03-2-18; 97.03-2-20.1; 97.03-2-23; 97.03-2-26; 97.03-2-29; 2. That said map or maps entitled "ZONING CHANGES BONSACK" and "ZONING CHANGES COTTON HILL AND POAGES VALLEY ROAD" (dated July 21, 1993) are attached hereto and incorporated herein by reference. 3. That this ordinance shall be in full force and effect 5 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. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On substitute motion of Supervisor Nickens to adopt the ordinance with the exclusion of the Beasley property which is in litigation with Boone, Boone & Lobe and which will be deferred to allow for continued negotation. The motion 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 Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning John W. Birckhead, Director, Real Estate Assessments 6 V CO Z QU V z o = Q z J UO z Z m Z Q z 0 zcr a N r r 0 O r A T- LD W J U ca OR AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 RESOLUTION 91493-12 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 Eddy to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisors Johnson, Nickens A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Executive Session AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 RESOLUTION 92893-12 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM R - 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 September 14, 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 6, inclusive, as follows: 1. Approval of Minutes - August 24, 1993 2. Acknowledgement of Acceptance of 0.16 Miles of Whipplewood Court into the Secondary System by the Virginia Department of Transportation. 3. Request for Approval of a Raffle Permit and One - Time Bingo Game from the Penn Forest Elementary School PTA. 4. Request for Approval of a Raffle Permit from the National Wild Turkey Federation. 5. Request for Approval to Hire Outside Counsel for the Cable TV Committee. 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: Mary H. Allen, Clerk Roanoke County Board of Supervisors CC: File Paul M. Mahoney, County Attorney