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HomeMy WebLinkAbout3/8/1994 - 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 8, 1994 RESOLUTION 3894-1 SETTING THE TAB RATE ON REAL ESTATE SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1994 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the levy for the twelve-month period beginning January 1, 1994, and ending December 31, 1994, 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 Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: l� Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File .Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance Brent Robertson, Budget Manager John W. Birckhead, 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 8, 1994 RESOLUTION 3894-2 SETTING THE TAX LEVY ON ALL CLASSES OF PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1994 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, 1994, and ending December 31, 1994, 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, 1994, and ending December 31, 1994, 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 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, 1994, and ending December 31, 1994, 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 Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance Brent Robertson, Budget Manager John W. Birckhead, Director, Real Estate Assessment Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue A-3894-3 ACTION NO. ITEM NUMBER ' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 8, 1994 AGENDA ITEM: Request for Reimbursement for Weather Related Costs. COUNTY ADMINISTRATOR'S COMMENTS: This item is being placed under New Business because the Board may choose to appropriate funds for the storm damage at this time. I would prefer to deal with it as we have in the past by trying to absorb the costs within the departmental budgets with the understanding that individual departments may have justifiable additional expenses, but the overall county budget will remain within the appropriations made by the Board. This is consistent with the way the schools are attempting to handle the costs as well. I consider the cleanup of brush and bulk to be a high priority for the staff and this will cause considerable overtime in the next month. The auxiliary generators for the Fire and Rescue buildings are also extremely important and should be given a high priority in the budget process. SUMMARY OF INFORMATION: As reported at the last meeting, the harsh weather in the area since December has caused some unusual costs to the County. These expenditures have resulted from damage to equipment and buildings, overtime pay, the use of sub -contract help and the purchase of emergency supplies and equipment. A summary of the expenses incurred are shown below. It should be noted that our employees have done an excellent job in dealing with these occurrences and, fortunately, costs have been less than expected. Police Overtime $ 2,367 Vehicle 18,125* (repair/replace) Materials 530 Tools/Equip. Contract Services 160 Fire & Parks & General Rescue Rec. Services $ 8,749 4,152 $ 5,527 4,435 1,268 685 $ 1,207 420 1,392 3-3 Facility Repair 2,700 16,946 ------- ------- ------- ------- Total $21,182 $12,901 $14,615 $19,965 Grand Total Reported ................ $68,663 Total Less Police Cruiser........... $50,538 * Replacement of this police cruiser was covered by the County's insurance reserves. The costs outlined above do not include expenses incurred as a result of the most recent storm, nor do they include the following: 1. The cost of replacing roofs on the following buildings: Service Center (Kessler Mill Road) $ 89,000 Roanoke County Administration Center 39,000 Public Safety Center (Partial) 20,000 Total $148,000 2. The need for generators for emergency power at six Fire and Rescue facilities. The cost for this equipment is $50,000 each and they are needed at the following locations which are listed in priority order: Clearbrook, Mount Pleasant, Back Creek, Cave Spring Rescue, Read Mountain and Catawba. Total $300,000 In addition to the expenses reported above, the severe weather has also resulted in an increase in utility costs during December through February as compared to the average for that period in previous years. This increased cost, which we will attempt to absorb in existing budgets, is broken down as follows: Fire and Rescue $ 4,000 Libraries 1,800 General Services 6,000 Total $11,800 We have determined that weather related expenses for the School System amounted to $26,700. This figure includes $19,000 for roofing repairs and $7,700 for de-icing and snow removal. The Schools will attempt to absorb this expense within their existing budgets. ALTERNATIVES• 1. Appropriate $50,538 from the General Fund Balance to reimburse the affected departments for out-of-pocket costs resulting from recent storms. 3).3 2. Appropriate funds from the General Fund Balance to cover the reimbursement in Alternative 1 and to provide for roof replacement and the purchase of emergency power generators for Fire and Rescue. 3. Defer any decision on appropriation of funds until later in the year in order to determine how much of the cost can be covered with existing budgets. This is with the understanding that, as a result, we might exceed budget in the affected areas to a slight degree. Funds for roof replacement and generators will be requested during the budget process. FISCAL IMPACT• Alternative 1 - $ 50,538 from the General Fund Balance. Alternative 2 - $498,538 from the General Fund Balance. Alternative 3 - No immediate impact on fund balance. STAFF RECOMMENDATION: Staff recommends Alternative 3, that a decision on appropriation of additional funds be delayed until later in the year in order to determine how much of the cost can be absorbed within the current budget. This could result in some slight budget overrun in the affected areas, but it should not be serious. Funds for roof replacement and generators will be requested during the budget process. Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Harry C. Nickens No Yes Abs Denied ( ) to approve Alternative #3 Eddy x Received ( ) to defer appropriation of Johnson x_ Referred ( ) funds until later in the Kohinke x To ( ) budget year Minnix x Nickens x cc: File Diane D. Hyatt, Director, Finance Don C. Myers, Assistant County Administrator Gardner W. Smith, Director, General Services Pete Haislip, Director, Parks & Recreation John Cease, Chief of Police Brent Robertson, Budget Manager T. C. Fuqua, Chief, Fire & Rescue AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 8, 1994 RESOLUTION 3894-4 APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE PURCHASE OF ELECTRICITY FROM APPALACHIAN POWER COMPANY WHEREAS, Roanoke County and Appalachian Power Company desire to enter into a three year agreement commencing July 1, 1993 for the purchase of electricity for public purposes; and, WHEREAS, Roanoke County has benefitted from the professional assistance and expertise of the Virginia Municipal League and Virginia Association of Counties Steering Committee in negotiating an agreement for electricity with Appalachian Power Company for political subdivisions and public authorities in this service area; and, WHEREAS, the VML/VACo Steering Committee strongly recommends the agreement negotiated, since the rates negotiated by it result in significant savings for all participating localities; and, WHEREAS, this agreement establishes rates for general service, utility pumping and outdoor lighting/street lights. NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1) That the three year agreement commencing July 1, 1993 for the purchase of electricity from Appalachian Power Company is hereby approved and accepted. 2) That the County Administrator is hereby authorized to execute this agreement on behalf of the Board of Supervisors and Roanoke County, upon form approved by the County Attorney. On motion of Supervisor Nickens to approve agreement and authorize the County Attorney to meet with VACo/VML and APCO to discuss differences identified in rates, as well as storm -related issues, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File 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 8, 1994 RESOLUTION 3894-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for March 8, 1994 designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7, inclusive, as follows: 1. Approval of Minutes for January 11, 1994. 2. Confirmation of Committee Appointments to the League of Older Americans Advisory Council and the League of Older Americans Board of Directors. 3. Request for Approval of a Bingo Permit from the Blue Ridge Council of the Blind, Inc. 4. Request for Approval of a Raffle Permit from the Roanoke Valley Student Trouble Center, Trading as TRUST. 5. Acknowledgement of Acceptance of 0.23 Miles of Orlando Avenue, 0.16 Miles of Orlando Court, 0.08 Miles of Samantha Circle and 0.12 Miles of Bolejack Boulevard into the VDOT Secondary System. 6. Authorization to Approve Sub -Lease of a Portion of the Back Creek Volunteer Fire Company Property. 7. Request for Approval of a Raffle Permit and 50/50 Raffle Permit for 1994 from the Roanoke County School Food Service Chapter. 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 Nickens to adopt the resolution with Item #3 removed for discussion and separate vote, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None On motion of Supervisor Eddy to approve Item #3, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: Supervisor Nickens A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File R. Wayne Compton, Commissioner of Revenue Arnold Covey, Director, Engineering & Inspections T. C. Fuqua, Chief, Fire & Rescue Paul M. Mahoney, County Attorney A -3894-5.a ACTION NO. ITEM NUMBER—'2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 8, 1994 AGENDA ITEM: Confirmation of Committee Appointments to the League of Older Americans Advisory Council and League of Older Americans Board of Directors COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nominations were made at the February 22, 1994 meeting. 1. League of Older Americans Advisory Council Supervisor Eddy nominated Frances R. Holsinger to another one year term which will expire March 31, 1995. 2. League of Older Americans Board of Directors Supervisor Eddy nominated Murry K. White to another three-year term which will expire March 31, 1997. The League of Older Americans strongly supports the reappointment of Mr. White and he is willing to serve. STAFF RECOMMENDATION: It is recommended that the above appointment be confirmed by the Board of Supervisors, and that the Board concur with the recommendation for the appointment to the League of Older Americans Board of Directors. Respectfully submitted, Mary H. Allen, CMC Clerk to the Board Approved by, �X Elmer C. Hodge County Administrator •• T ---------------------------------------------------------------- ACTION VOTE Approved (X) Motion by: Harry C. Nickens No Yes Abs Denied ( ) Eddy X Received ( ) Johnson X Referred ( ) Kohinke X To ( ) Minnix X Nickens X cc: File League of older Americans File A -3894-5.b ACTION NO. ITEM NUMBER oT 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 8, 1994 AGENDA ITEM: Request for Approval of a Bingo Permit for Calendar Year 1994 from the Blue Ridge Council of the Blind, Inc. COUNTY ADMINISTRATOR'S COMMENTS: /' � CL--tL%0/ SUMMARY OF INFORMATION: The Blue Ridge Council of the Blind, Inc. has requested a permit to hold Bingo games in Roanoke County for the calendar year 1994 on the dates listed in the application. This request for approval of a Bingo permit was continued at the February 22 meeting. The Commissioner of the Revenue recommended denial because he was concerned that the Blue Ridge Council of the Blind also held a Bingo permit in the City of Roanoke. State Code prohibits an organization from holding a Bingo permit in more than one jurisdiction. The Board members asked for further information before taking action on the request. Attached is a letter to the Commissioner from Robert. Hoel, President of the Blue Ridge Council of the Blind, advising the Commissioner that they do not intend to continue operating Bingo in the City of Roanoke if their request for a permit is approved in Roanoke County. The Commissioner of the Revenue has now recommended approval of the permit. They have paid the $25.00 application fee. STAFF RECOMMENDATION: The Commissioner of the Revenue recommends that the application for a Bingo Permit for the calendar year 1994 from the Blue Ridge Council of the Blind, Inc. be approved. SUBMITTED BY: Mary H. Allen Clerk to the Board APPROVED BY: Z, -/ L641,�� Elmer C. Hodge County Administrator ---------------------------------------- ----------------------- ACTION VOTE Approved ( Motion by: Lee B. Eddy motion No Yes Abs Denied ( ) to approve permit Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Bingo/Raffle File Mr. Wayne Compton Commissioner of Revenue P.o. Box 29800 Roanoke, VA 24018 Feburary 27, 1994 5-3 Dear Commissioner Compton, This letter is being written at the suggestion of the Board of Supervisors and its purpose is to clarify a mis- understanding regarding the Blue Ridge Council of the Blind's application for a bingo permit. It is not the intention of the Blue Ridge Council of the Blind to continue operating bingo in the City of Roanoke after being permitted to operate in the county. It will be necessary for us to give a 30 day notice to terminate our lease in the City and we can not give notice until we know we have a County permit. Therefore it will be 30 to 60 days after a County permit is issued before the city operation will cease. We will need this same 30 to 60 day period to organize the operation in the County. We do not expect an overlap of the two operations, but will be operating bingo in only one municipality at a time. We hope that this clarification will now allow you to recommend approval of our application. Very Truly Yours, Robert Hoel, President Blue Ridge Council of the Blind cc Mr. Lee Eddy, Chairman Board of Supervisors Blue Ridge Council of the Blind P.O. Box 4506 • Roanoke, VA 24015 * 703-345-8823 BINGO PERMIT APPLICATION Application is hereby made for a bingo game 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 officers of the organization and which shall be deemed a condition under which this permit is issued. Bingo games 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 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. Name of Organization Blue Ridge Council of the Blind, Inc. Mailing Address Post Office Box 4506 City, State, Zip Code Roanoke, Virginia 24015 When was the organization founded? May, 1991 (chapter status) Purpose and Type of Organization to assist the visually of Southwest Virginia through specialized services & education Has the organization been in existence in Roanoke County for two continuous years? YES NO (please see note) Is the organization non-profit? YES X NO Is the organization exempt under §501(c)(3) of the Internal Revenue Code? YES NO_X (application pending; please see note) Attach copy of IRS Tax Exemption Letter. (If applicable) NA Does your organization understand that any organization found in violation of the County Bingo and Raffle Ordinance or Section 18.2- 340.10 et. se . 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 referenced Codes may be guilty of a felony? yes Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Bingo games and that such records are subject to audit by the Commissioner of the Revenue? yes COUN'T'Y OF ROANOKE, VIRGINIA P.O. BOX 20409 CONEMSSIONER OF THE REVENUE ROANOKE, VA 24018 1 Does your organization understand that it is a violation of law to enter into a contract with any person or firm, association, organization (other than another qualified organization pursuant to § 18.2-340.13 of the Code of Virginia), partnership, or corporation of any classification whatsoever, for the purpose of organizing, managing, or conducting Bingo Games ? yes (as an organization of the blind, the Council will however use the State code exception which permits the employment of staff to conduct the games) GROSS RECEIPTS from all sources related to the operation of Bingo games or Instant Bingo by calendar quarter for prior calendar year period. BINGO 1st Quarter $137.270.50 2nd Quarter 129,705.50 3rd Quarter 135,478.00 4th Quarter 125,Q99,00 INSTANT BINGO 1st Quarter $ 61,605.00 2nd Quarter 61,605.00 3rd Quarter 66,322.00 4th Quarter 80,964.00 TOTAL 527.553.00 TOTAL 273,993.00 DAYS OF WEER AND HOURS OF BINGO ACTIVITY: Sunday Monday Tuesday _Wednesday Thursday X Friday Saturday From To From To From To From To 10 pm -2 From -Lm To From 7 pm To177-pm From To Dates and times are subject to change depending on final lease arrangements with the Lions club. Specific location where Bingo game is to be conducted? Cave Spring Lions Club, 5004 Colonial Avenue, SW, Roanoke, VA 24018 NOTE: This permit shall be valid only for the above location. Any organization holding a permit to conduct bingo games or raffles shall use twelve and one-half percent (12.5%) of its gross receipts from all bingo games or raffles for those lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized. (County Code §4-101) State specifically how the proceeds from Bingo will be used. List in detail the planned or intended use of the proceeds. Use estimated amounts if necessary. Blue Ridge Council of the Blind has used bingo proceeds in past years to support the work of Voice of the Blue Ridge (reading services for the blind), Roanoke Alliance for the Visually Enabled (support services for the visually impaired) and Roanoke Blind Bowlers (recreation). Although the club does not have specific projects in planning at this point, the group will use bingo funds in the future to support these groups and other worthy projects for the visually impaired which come to their attention at their monthly meetings. COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 CONE%IISSIONER OF THE REVENUE ROANOKE, VA 24018 2 officers of the organization: President: Mr. Robert W. Hoel Phone: 774-7449 Address: 4621 Heather Drive, SW, #324, Roanoke, VA 24018 Vice President: Mr. Dennis_ -.Helms Phone: 774-2124 Address: 2614 Wilshire Avenue, SW, Roanoke, VA 24015 Secretary: Ms Betsy Jenkins Phone: 989-1880 Address: 4923 Woodmar Drive, SW, Roanoke,_ VA 24018 Treasurer: Ms Dianne Hedrick Phone: -143--3567 • • - :-- 0M11 • • • - • - - 11 Member authorized to be responsible for Bingo operations: Name: Ms. Betsy Jenkins Home Address 4923 Woodmar..Drive, SW, Roanoke, VA 24018 Phone 989-1880 Bus Phone NA Member responsible for filing financial report required by the code if your organization ceases to exist: Name: Ms. Dianne Hedrick Home Address 845 Dominion Lane, Salem, VA 24153 Phone 343-3567 Bus Phone NA Does your organization understand that it will be required to furnish a complete list of its membership upon the request of the Commissioner of the Revenue? yes Has your organization. attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke? yes IB ALL QUESTIONS HAVE BEEN ANSWERED, PROCEED TO NOTARIZATION. COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COMIVIISSIONER OF THE REVENUE ROANOKE, VA 24018 3 NOTARIZATION THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS: I hereby swear or affirm under the penalties of perjury as set forth in §18.2 of the Code of Virginia, that all of the above statements are true to the best of my knowledge, information, and beliefs. All questions have been answered. I further swear that I have read and understand the attached copies of Sec. 18.2-340.1 et. sea. of the Code of Virginia and Section 4-86 et. sea. of the Roanoke County Code. Signed by: 1� 1 Name Title Home Address V1q subscribed and sworn before me, this'lo�gn day of 4—P19 ? in the County/City of ('0-C Al C: , Virginia. My commission expires: otary Pu lic , IYIC�rrI�CC. Z-�S-�lZ. 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 V Commi.ssib er of the R enue 7T� 4 `Jr The above application is not approved. Date Cofnmi sioner of Y, a Revenue THIS ORGANIZATION HOLDS A PERMIT IN ROANOKE CITY. REFER TO COUNTY CODE SEC. 4 -113 (2) COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COMMISSIONER OF THE REVENUE ROANOKE, VA 24018 4 A -3894-5.c ACTION NO. `T 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 8, 1994 AGENDA ITEM: Request for Approval of a Raffle Permit from the Roanoke Valley Student Trouble Center, Inc., Trading as TRUST COUNTY ADMINISTRATOR'S COMMENTS: A�z,,,r SUMMARY OF INFORMATION: The Roanoke Valley Student Trouble Center, Inc., trading as TRUST, has requested a permit to hold a raffle in Roanoke County on April 24, 1994. This application has been reviewed with the Commissioner of Revenue and he recommends that it be approved. The application is on file in the Clerk's Office. The organization has paid the $25.00 fee. STAFF RECOMMENDATION: It is recommended that the application for a Raffle Permit from the Roanoke Valley Student Trouble Center, Inc., trading as TRUST, be approved. SUBMITTED BY: APPROVED BY: nee Mary H. Allen Elmer C. Hodge Clerk to the Board County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( yj Motion by: Harry C- Ni c-kanc No Yes Abs Denied Eddy x ( ) Received Johnson x ( ) Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Bingo/Raffle File RAFFLE PERMIT APPLICATION Application is hereby made for a raffle game 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 officers of the organization and which shall be deemed a condition under which this permit is issued. Raffle games are strictly regulated by Title 18.2-340.1 et. sect, 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 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. Name of Organization Mailing Address M City, State, Zip Code The Roanoke Valley Student Trouble Center, Inc. Tracting as TRUST Box 2826 Roanoke, Va. 24001-2826 When was the organization founded? 1970 Purpose and Type of Organization Non-profit 24-hour crisis intervention center and emergency shelter staffed by volunteers. Has the organization been in existence in Roanoke County for two continuous years? YES NO X Is the organization non-profit? YES X NO Is the organization exempt under §501(c)(3) of the Internal Revenue Code? YES X NO Attach copy of IRS Tax Exemption Letter. (If applicable) Does your organization understand that any organization found in violation of the County Bingo and Raffle Ordinance or Section 18.2- 340.10 et. seg. 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 referenced Codes may be guilty of a felony? Yes Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Raffle games and that such records are subject to audit by the Commissioner of the Revenue? Yes COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 CONMSSIONER OF THE REVENUE ROANOKE, VA 24018 1 Does your organization understand that it is a violation of law to enter into a contract with any person or firm, association, organization (other than another qualified organization pursuant to S 18.2-340.13 of the Code of Virginia), partnership, or corporation J' of any classification whatsoever, for the purpose of organizing, managing, or conducting Raffles ? Yes DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES: Article Description Fair Market Value Enrollment in Richard Petty's ' NASCAR Driving School $2,000 DATE OF RAFFLE April 24, 1994 If this application is for an ANNUAL RAFFLE PERMIT, list below all dates raffles will be held. Permit for a one time event. Will start selling raffles as soon as permit is issued through April 24. Specific location where Raffle drawing is to be conducted? Tanglewood Mall NOTE: This permit shall be valid only for the above locat on. Any organization holding a permit to conduct bingo games or raffles shall use twelve and one-half percent (12.5%) of its gross receipts from all bingo games or raffles for those lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized. (County Code 54-101) State specifically how the proceeds from Raffle(s) will be used. List in detail the planned or intended use of the proceeds. Use estimated amounts if necessary. The only expenses involved will be permit fee and raffle ticket printing costs. Estimated overhead $75 - $100. The rest of proceeds will go toward operation of TRUST's programs: Crisis hotline, emergency shelter, Travelers Aid, Teenline and educational outreach. Officers of the organization: President: Catherine Griffin Phone: gg2_0n17 Address: 5241 Lakeland Drive SW Roanoke. V 24018 Vice President: Donnovan Young Phone: gRr,_a9ra Secretary: 7od i P Phone: Address: 127 McClanahan Street Suite 305 Roanoke, Treasurer: Ed Hall 981-7965 Va. 24014 Phone:982-0011 Address: 1997 First -Union Bank Bldg. Roanoke, Va. 24011 Member authorized to be responsible for Raffle operations: Name: Stuart Israel Home Address 2945 Brughs Mill Rd. Fincastle, Va. 24090 Phone 992-5272 Bus Phone 776-3550 Member responsible for filing financial report required by the code if your organization ceases to exist: Name: Stuart Israel Home Address 2945 Brughs Mill Rd. Fincastle, va. 24090 Phone 992-5272 Bus Phone 776-3550 Does your organization understand that it will be required to furnish a complete list of its membership upon the request of the Commissioner of the Revenue? Yes Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke?Yes IF ALL QUESTIONS HAVE BEEN ANSWERED, PROCEED TO NOTARIZATION. COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 CON 41SSIONER OF THE REVENUE ROANOKE, VA 24018 3 NOTARIZATION THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS: f ,l I hereby swear or affirm under the penalties of perjury as set forth in 518.2 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. I further swear that I have read and understand the attached copies of Sec. 18.2-340.1 et. seg• of the Code of Virginia and Section 4-86 et. sea. of the Roanoke County Code. Signed by: Name Title Subscribed and sworn before me, Ho'/me Address this 2 -VM day of /;• 199 in the 40ma wcity of 1TOA-41ONC , Virginia. M commission ex ires: 199% Y p — ota Publi 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/ oner of a Revenue I The above application is not approved. Date Commissioner of the Revenue COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 CONEMSSIONER OF THE REVENUE ROANOKE, VA 24018 4 A -3894-5.d ACTION NO. ITEM NUMBER <7— 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 8, 1994 AGENDA ITEM: Acknowledgement of Acceptance of 0.23 Miles of Orlando Avenue, 0.16 Miles of Orlando Court, 0.08 Miles of Samantha Circle and 0.12 Miles of Bolejack Boulevards 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 February 15, 1994. Plantation Gardens 0.23 Miles of Orlando Avenue (Route 1859) 0.16 Miles of Orlando Court (Route 1973) 0.08 Miles of Samantha Circle (Route 1974) 0.12 Miles of Bolejack Boulevard (Route 1859) SUBMITTED BY: Mary H. Allen Clerk to the Board APPROVED BY: lam, Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (X) Motion by: Harry C. Nickens No Yes Abs Denied ( ) Eddy X Received ( ) Kohinke X Referred ( ) Johnson X To ( ) Minnix X Nickens X cc: File Arnold Covey, Director, Engineering & Inspections COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RAY D. PETHTEL RICHMOND, 23219 COMMISSIONER February 15, 1994 Secondary System Additions Roanoke County Board of Supervisors County of Roanoke P.O. Box 29800 Roanoke, VA 24018-0798 MEMBERS OF THE BOARD: As requested in your resolution dated January 11, 1994, the following additions to the Secondary System of Roanoke County are hereby approved, effective February 15, 1994. ADDITIONS LENGTH PLANTATION GARDENS Route 1859 (Orlando Avenue) - From Route 115 to 0.23 mile East Route 115 0.23 Mi Route 1973 (Orlando Court) - From Route 1859 to 0.16 mile South- east Route 1859 0.16 Mi Route 1974 (Samantha Circle) - From Route 1859 to 0.08 mile North- west Route 1859 0.08 Mi Route 1975 (Bolejack Boulevard) - From 0.07 mile North Route 1859 to 0.05 mile South Route 1859 0.12 Mi Sincerely, RA V Ray 9. Pethtel Commissioner TRANSPORTATION FOR THE 21 ST CENTURY A -3894-5.e ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 8, 1994 AGENDA ITEM: Authorization to Approve Sub -Lease of a Portion of the Back Creek Volunteer Fire Company Property COUNTY ADMINISTRATOR'S COMMENTS: The lease agreement, as it is currently written, must be brought back to the Board for any changes. I would like to ask for your consideration for a change in the agreement to authorize the County Administrator to be the authorized representative of the Board in all matters concerning this lease EXECUTIVE SUMMARY This is a request to authorize the County Administrator to approve and execute a sub -lease for the house located behind the Back Creek Volunteer Fire Station. BACKGROUND: By ordinance #41393-5 adopted on April 13, 1993, the Board of Supervisors authorized the lease of a portion of the Back Creek Volunteer Fire Company property, namely, the house located behind the fire station. This action was taken upon the request of the volunteer fire company. The initial lease term was for 14 months, expiring October 31, 1994. The lease amount is $475.00 per month: $75.00 per month in cash and the balance to be paid by in-kind repairs to the house. SUMMARY OF INFORMATION: The tenant has now requested the opportunity to sub -lease this house for the balance of the lease term. Representatives of the volunteer fire company have inspected the premises and are very pleased with the quality, nature, and extent of the repairs completed by the tenant. Although several "punch -list" items remain to be completed by the tenant, the officers of the volunteer fire company are recommending that the Board favorably consider approval of a sub- lease. Since the Board has previously approved this lease by 1 ordinance, and this sub -lease shall not alter any of the key provisions of this lease, the County Attorney recommends that the Board may authorize the County Administrator to approve and execute a sub -lease for this property. This authorization can be accomplished by adoption of this recommendation on the Consent Agenda. If any member of the Board objects to this action, this item will be withdrawn from the Consent Agenda and placed upon the New Business agenda for Board consideration. FISCAL IMPACTS• Rent proceeds shall be paid to the Back Creek Volunteer Fire Company in accordance with the lease terms, and the existing structure shall be repaired and improved. STAFF RECOMMENDATION: Staff recommends that the Board authorize the County Administrator to approve and execute a sub -lease for this property, upon form approved by the County Attorney. Respectfully submitted, ' ,W� Paul M. Mahoney County Attorney Action Vote No Yes Abs Approved (x) Motion by Harry C'_ Nickens Eddy X Denied ( ) Johnson X Received ( ) Referred to egeada\xeaka\baekerk.Me cc: File Paul M. Mahoney, County Attorney T. C. Fuqua, Chief, Fire & Rescue Kohinke X Nickens X Minnix X A -3894-5.f ACTION NO. ITEM NUMBER - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 8, 1994 AGENDA ITEM: Request for Approval of a Raffle Permit and 50/50 Raffle Permit for Calendar Year 1994 from the Roanoke County School Food Service Chapter COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County School Food Service Chapter has requested a permit to hold a raffle in Roanoke County on May 6, 1994, and 50/50 raffles for calendar year 1994 on the dates listed in the application. The Commissioner of Revenue requested an opinion from the County Attorney's office as to whether applicants that have not obtained tax exempt status under the Internal Revenue Code §501(C)(3) could be granted a raffle permit. Attached is the opinion from Vickie L. Huffman, Assistant County Attorney, which states that an applicant can qualify for a permit as a "non-profit organization" even though tax exempt status has not been obtained. After further review, the Commissioner of Revenue recommends that the application 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 and 50/50 Raffle Permit for calendar year 1994 from the Roanoke County School Food Service Chapter be approved. SUBMITTED BY: Mary H. Allen Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( Motion by: Harry C'_ Nirkens No Yes Abs Denied ( ) Eddy X Received ( ) Johnson X Referred ( ) Kohinke X To ( ) Minnix X Nickens X cc: File Bingo/Raffle File RAFFLE PERMIT APPLICATION -� Application is hereby made for a raffle game 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 officers of the organization and which shall be deemed a condition under which this permit is issued. Raffle games 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. sect. of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investigation prior to granting a 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. Name of Organization,�oAhc!<e (_ouyi"/ S�11ooL i oo�/ S��wir� cti.4�fe4 Mailing Address :3-},x, 6 e'-41 e.SG. we - City, State, Zip Code When was the organization founded? i y ye Purpose and Type of Organization �00,1/ 5C-e4,'1rc s f4 4-'S c AHok� �ouh .10y'SC-/Ooi s • Has the organization been in existence in Roanoke County for two continuous years? YES_ NO Is the organization non-profit? YES NO Is the organization exempt under §501(c)(3) of the Internal Revenue Code? YES NO Attach copy of IRS Tax Exemption Letter. (If applicable) Does your organization understand that any organization found in violation of the County Bingo and Raffle ordinance or Section 18.2- 340.10 et. sect. 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 referenced Codes may be guilty of a felony?'Ie-5 Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Raffle games and that such records are subject to audit by the Commissioner of the Revenue? .iPs COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COMMISSIONER OF THE REVENUE ROANOKE, VA 24018 1 Does your organization understand that it is a violation of law to enter into a contract with any person or firm, association, organization (other than another qualified organization pursuant to § 18.2-340.13 of the Code of Virginia), partnership, or corporation of any classification whatsoever, for the purpose of organizing, r, managing, or conducting Raffles ? \/65` _- DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES: Article Description Fair Market Value ©i7ey- / S% /7d p4Ize sone /-/IC fjeKe` lt�ILG �ece�a� r/lc 64rie ..1,.nv11"r DATE OF RAFFLE -I-)7A 11 If this application is for an ANNUAL RAFFLE dates raffles will. bet held. See Specific location where Raffle drawing is to be conducted? ,moi 01`7.e a/,(1Z Ze 0. G NOTE: This permit shall be valid only for the above location. Any organization holding a permit to conduct bingo games or raffles shall use twelve and one-half percent (12.5%) of its gross receipts from all bingo games or raffles for those lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized. (County Code §4-101) State specifically how the proceeds from Raffle(s) will be used. List in detail the planned or intended use of the proceeds. Use estimated amounts if necessary. (_tee- A i1//e%eel_) COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 CONMMSIONER OF THE REVENUE ROANOKE, VA 24018 2 S `''r e) c.r zO ,7vv 1; PERMIT, list below all Specific location where Raffle drawing is to be conducted? ,moi 01`7.e a/,(1Z Ze 0. G NOTE: This permit shall be valid only for the above location. Any organization holding a permit to conduct bingo games or raffles shall use twelve and one-half percent (12.5%) of its gross receipts from all bingo games or raffles for those lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized. (County Code §4-101) State specifically how the proceeds from Raffle(s) will be used. List in detail the planned or intended use of the proceeds. Use estimated amounts if necessary. (_tee- A i1//e%eel_) COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 CONMMSIONER OF THE REVENUE ROANOKE, VA 24018 2 The proceeds will be used to make a contribution to the Helen G. Ward Scholarship Fund, this is a Virginia School Food Service Association education scholarship. The amount of the scholarship is $1,500.00 and it is awarded each year to one or more qualified applicants. The chapter also makes a contribution to the Special Olympics from the proceeds. A part of the proceeds will be used for the professional development of the Roanoke County School Food Services staff and training to make them more aware of the nutritional needs of the students. We would like to clear about $1000.00 on the raffle and the 50/50. Officers of the Organization: President: 'nc/<ic lt</s Phone: ��� I • //� Address: /C �v:z �/uHc1024e r / 1,3en� Vice President://liG 4j-/r�,f!' Phone: Address: j2oe l�oL�woo;� /aG'L zpZei &//7 ��/ Secretary: 1eX0iJc% /�/y (��%/7.4 `, —Phone: Address: ,P/ / ,l ax 1,,W^ ;9.�2e7 Treasurer: % oh n t/ �'iZi! Phone: /�1O 7 Address: Vo /�OUt &I. Al w. /?C),9rto&e f/.4 7 Member authorized to be responsible for Raffle operations: Name: Ala.E'f/�/3 Home Address Phone J6a-IVIG Bus Phone Member responsible for filing financial report required by the code if your organization ceases to exist: Name: Aloxlljl ,e/zrLG Home Address X7/3 AeA e"I%eel� .4.11oke �A• �?`ei� Phone 36a D Bus Phone Does your organization understand that it will be required to furnish a complete list of its membership upon the request of the Commissioner of the Revenue? S Has your organization, attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke?;/,�C IF ALL QUESTIONS HAVE BEEN ANSWERED, PROCEED TO NOTARIZATION. COUNTY OF ROANOKE, VIRGMA P.O. BOX 20409 CONEMSSIONER OF THE REVENUE ROANOKE, VA 24018 91 NOTARIZATION THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS: I hereby swear or affirm under the penalties of perjury as set forth in 518.2 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. I further swear that I have read and understand the attached copies of Sec. 18.2-340.1 et. seg. of the Code of Virginia and Section 4-86 et. seg• of the Roanoke County Code. Signed by: Name Title Home Address Vic/ r7 Subscribed and sworn before me, this x/ day of,"',!c, 19 in the Countyj� of �,na�>��. Virginia. My commission expires: 19 E1<< 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. Date Comm 1 sioner of)the Revenue The above application is not approved. Date Commissioner of the Revenue COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COMMISSIONER OF THE REVENUE ROANOKE, VA 24018 4 r7 ROANOKE COUNTY ATTORNEY'S OFFICE 772-2007 MEMORANDUM TO: R. Wayne Compton Commissioner of Revenue Attn: Nancy Horn FROM: Vickie L. Huffman 0 Assistant County Attorney SUBJECT: Roanoke County School Food Service Chapter -- Raffle Permit Application DATE: March 3. 1994 You have requested an opinion from this office as to whether the above -referenced organization qualifies for issuance of a raffle permit pursuant to Va. Code §18.2-340.1, et sem, and Roanoke County Code §4-86, et sec.., since it has not obtained tax exempt status under Internal Revenue Code §501(C)(3). The original application is being returned to you herewith. Reference is made to §18.2-340.3 of the Code of Virginia, and the corresponding Roanoke County Code §4-113, which specify the qualifications necessary for issuance of a permit to an applicant. As stated in previous opinions from this office, there is no statutory requirement that an organization be tax exempt under Internal Revenue Code §501(3)(c) in order to be approved for a permit, except "an organization whose gross receipts from all bingo operations exceed or can be expected to exceed $75,000 in any calendar year". See Va. Code §340.3.4. There are two additional provisions in the Code where qualification as a tax-exempt organization under I.R.C. §501(c) has special significance, but neither appears to be applicable to the Roanoke County School Food Service Chapter. See §18.2-340.9.D. and §18.2-340.9.G. The Board of Supervisors, or its designated official, must make a factual determination whether a permit applicant is organized and operated in accordance with the Code requirements. Va. Code §18.2-340.3.3 requires that "[t]he organization shall be ............................................................ operated and shall always have been operated in the past as a zQiz#ri and shall have been in existence as a nt p p tt c� izati56 for a period of at least two years immediately prior to seeking a permit ..." (emphasis added). Assuming the organization would otherwise qualify under the Code, the relevant inquiry as it relates to your question Memo to R. Wayne Compton Attn: Nancv Horn March 3, 1994 Page Two i J - is whether the organization is a non-profit organization, rather than whether it has tax- exempt status. An organization. for purposes of the bingo and raffle provisions, is statutorily defined. The applicant organization must exist and operate within this code definition. Va. Code §18.2-340.1.1 and Roanoke County Code §4-86 provide as follows: 1. "Organization" means any one of the following: (a) A voluntary fire department or rescue squad or auxiliary unit thereof which has been recognized by an ordinance or resolution of the political subdivision where the voluntary fire department or rescue squad is located as being a part of the safety program of such political subdivision. (b) An organization operated exclusively for religious, charitable, community or educational purposes; an association of war veterans or auxiliary units thereof organized in the United States, or a fraternal association operating under the lodge system. The "organization" must also be a nonprofit organization. "Nonprofit" is not defined in the Code. However, a "non-profit" organization is, generally speaking, one which is organized and operated for purposes other than generating a profit; no part of its net earnings are used for, or inure to the benefit of, any private shareholder, partner, member, or individual, as opposed to a "profit" organization, which makes distribution of all or a portion of its net income (such as payment of dividends) to shareholders or membership. See I.R.C. §501. There is substantial correlation between the requirements for tax exempt status under I.R.C. §501(3)(c) and the bingo and raffle permit requirements for a nonprofit organization. For example, a §501(3)(c) organization should qualify, from a practical standpoint, as a non- profit organization operated exclusively for religious, charitable, community or educational purposes. Tax-exempt status may therefore be considered as evidence that an applicant meets the "nonprofit organization" qualification for issuance of a bingo or raffle permit. Please note, however. that it is neither determinative nor exclusive. An applicant can qualify for a permit as a "non-profit organization", even though tax- exempt status -has not been obtained. It is therefore advisable to check each applicant individually for compliance with the requirements for issuance of a bingo or raffle permit, regardless of tax-exempt status. Further investigation into the organization's purposes, goals, and operations may be necessary to make a determination. See Roanoke County Code §4- 114. Memo to R. Wayne Compton Attn: Nancy Horn March 3, 1994 Page Three Investigation might include obtaining and reviewing copies of the organization's articles of incorporation, by-laws, rules and regulations, audit reports, financial records, and/or any other organizational documentation that would provide additional or substantiating information on the organization's purposes, goals, structure, and operations. Additional information might be obtained from the officers or representatives of the applicant. The analysis set forth above will hopefully be of some assistance to your office in reviewing all permit applications and making a determination whether an applicant is a qualifying "nonprofit organization". Regarding the Roanoke County School Food Service Chapter, a factual determination must be made whether this organization is: (1) an organization that operates exclusively for religious, charitable, community or educational purposes (since this appears to be the only section of the definition that would apply; and (2) an organization that is "not-for-profit." The answer to both inquiries must be in the affirmative for the applicant to qualify. The School Food Service Chapter's application indicates that it operates for educational purposes, and that it is a nonprofit organization (even though it does not have §501(3)(c) tax-exempt status). You may wish to obtain additional information or substantiating documentation of these facts, particularly if you are unfamiliar with this organization or its operations. You may also want to clarify, through investigation, that the organization's operations are exclusively for the qualifying purposes. Lastly, you will need to review the application for compliance with all other state and county code requirements, as I have addressed this strictly from the standpoint of the inquiry received from your office. Please let me know if you should need anything further. 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 8, 1994 ORDINANCE 3894-6 AUTHORIZING THE TEMPORARY RELOCATION OF THE POLLING PLACE FOR THE HOLLINS VOTING PRECINCT FROM THE HOLLINS LIBRARY TO THE NORTH ROANOKE BAPTIST CHURCH PURSUANT TO § 24.2-306, 24.2-307, and 24.2-310 OF THE 1950 CODE OF VIRGINIA, AS AMENDED WHEREAS, the Electoral Board of Roanoke County has recommended to the Board of Supervisors of Roanoke County the temporary relocation of the polling place for the Hollins Voting Precinct from the Hollins Library to the North Roanoke Baptist Church for the June 14 Democratic Primary election held within Roanoke County. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the first reading on this ordinance was held on February 22, 1994; and the second reading and public hearing was held on March 8, 1994. 2. That the temporary relocation of the polling place for the Hollins Voting Precinct from the Hollins Library to the North Roanoke Baptist Church for the June 14 Democratic Primary election held within Roanoke County is hereby authorized and approved. 3. That the County Administrator is hereby authorized to take such actions and to execute such documents as may be necessary to accomplish these purposes, all upon form approved by the County Attorney. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: /V Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney Elizabeth Leah, Registrar Spencer Watts, Director, Libraries I hereby certify that the foregoing is a true and correct copy of Ordinance 3894-6 authorizing the temporary relocation of the polling place for the Hollins Voting Precinct from the Hollins Library to the North Roanoke Baptist Church adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, March 8, 1994. `/' cc!� -'-V- �. Mary H. A len, Clerk Roanoke County Board of Supervisors