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HomeMy WebLinkAbout3/28/1995 - Adopted Board RecordsDENIAL ACTION # A-32895-1 AT QNTYA REGUI," MEETING OF T ITEM NUMBER C CO , VIRGINIA HE BOARD OF BELD AT THE ROANORg COP E March 28, 1995 ZRVISORS OF RO MEETING ADMINI8TRATION CENTER DATE: AGENDA ITEM: Claim of Board of Joseph ,T, Steffen, Jr $824.25 forpe�isors of the Co •' Esq' against the $824.25 for attorneys n fees UntY °f Roanoke for in connection with Supplemental Security Income Katherine Nunn the for COUNTY ADMINIST (s.S.I.) RATOR S COMMENTS: BACKGROUND: The Supplemental Security Income or S - administered b.2. program is one of a number Of benefits f the U.S. goverment. y the Social attorney, just as for disability When an Security Y, Social SecurityY benefits applicant for these fee which can be collecd for t is represented b Normally,representation t of any attorneyas any fee is limited to cases, the at limited a 25% of the applicant. Payments Y s feecontingency fee. PP due to the applicant andi approved is deducted In some be paid directly by the a and in other from any back- Pplicant, cases, the attorney may SUMMARY OF INFORMATION: Mr, Joseph J. represented Ms. Steffen, Jr., an connection wi Katherine M. Nunn, a resident Of R in S.S.I• benefits her application Blacksburg, for both °f Roanoke County, in application from Social Securit disability benefits benefits for S.S.I., Ms. Nunn y' In connection and from Roanoke applied for General with her of� g918.sf and o County Department of Relief ) began to receive Social (G•c Nunn signed an agreement of her application Payment of beginningServices initial agreement inst for G.R. with R.C.D.S.S. i. August this a Payment of S.S.I.b n its Social Security to foS'S•, Ms. department her S. to deduct the to R.C.D.S.S. rward her S•I• benefits be amount of G.R, paid to and permitting began. [See Attachment "A".Ms* Nunn until When Social Security application in July, 1993finally approved $5,051.26 to they forwarded Ms. Nunn's to Ms- Nunn' S S - S. • After a check in the um o in G.R.Gthrow deducting the sum of sum of through JulY, 1993, the balanceOf97'00 paid $1,754.26 was forwarded to Ms. Nunn the S octal Security Admini. L- a Attachment e11B11 .j a total fee .j Subsequently, authorization contained the Mr' Steffen g assigned to this case Mr. Steffen b notation that the checkof 9be3.8n� and instto ruct. Y Social SecurityThis ructing him that ��you illshave or toss than this awarded sentfee any balance due.', [See Attachment i,Cf, look to the claimant for R.C.D.S. •7 Nunn in S• had no contract with connection with her a Mr. Steffen to re 1992, the General Assembly application for S. Present Ms. advocacy Y adopted § 63,1_89. S•I• benefits. In benefits. project to assist reci lents of G. 1 which established an This law makes it o P R. in obtaining social services as to a Optional with each local department S.S.I. claimants to attorney's whether the partment of "D�� Y s working Y will refer potential •7 R.C. D.S.S. has g with this project. S.S.I. not refer Ms. Nunn to never participated in this [See Attachment with her S, Mr. Steffen for representation and did R.C. D.S. S•I. benefit presentation in connection S• that neither the application. It is the legal liability to department nor Roanoke County of representation of Ms, Mr' Steffen in Y has any this claim Nunn in this matter. connection with his to its responsibilityrtment received confirmation to res rmation from the ostate as Mr. Steffen has the 1n this matter. llectee Attachments it & nF�� directly from Ms, option to hments .� Nunn. the balance of his FISCAL IMPACT: fee Mr. Steffen is requesting have to be paid from Count a Payment of obtaining an Y funds. There $824'25 which would Administration orelmbursement from either is no Possibility of these fees. the Virginia Department of S Social Security STAFF RECOMMENDATION: octal Services for Staff recommends that this claim be denied. Respectfully submitted, ° ePh B. benshain S for A sistant Count y Attorney AION ------------------------------------- Approved ------------------------------- M nroved Motion by: b arDeted Nlckenso C. OTE Received denNO Yes Abs Referred ( ) Eddy x To ( ) Johnson — x Kohinke x Minnix — x — cc: File Nickens _ Joseph B, P Obenshain, Senior Assistant County Attorney COMP;ONWEALTH OF VIRGINIA Department of Social Ser des AUTHORIZATION FOR RELEASE OF SS To: _ Social security Admistrat niion (Branch/District Address) Attachment A C'it-y/County to which 7,f will b Payment initial e made SS Payment X '.. SS1 A plicant' Eli 'by �� Name Y Worker s A dress ! �� '� �r ;: _ Case Number' I, the undersigned and Human , authorize the Services (U.S. DH HS Secretary of the United income (SSI) benefits to the ) to'Send m Social Services. Y States initial payment of Department of Health l supplemental County/ citY Departmentof urity I further authorize the local equal to the benefits department .to deduct Relief program I receive from the from my initial beginning with (there are no federal Interim Assistance Component an amount with the day of the month Ifunds in these benefits P°Hent of the General month my SSI am found eligible for ) during the Payments begin, an SSI Period I understand that after Payment and ending local department will pay the above from the date P y to me the balance, deductions from m U.S. DHHS the department receivesif any, no later payment, the my initial than 10 working days payment from the Secretary of the I further understand Department of that I have the right Payment Of Social Services if I qht to a fair to or on behalf bofemetb feel that the amountadeducbed°re the Virginia is more than the amount 9inia y the local of Interim from my initial I further understand that department. Assistance benefits paid I sign it and that it will this authorization file for SSI within the Cease to have is effective year or effect (1) at thefor end°ne of one from the (2) at the occurrence date ° The Secretary of one of the following year unless I y of the U.S. DHHS following events: makes an initial payment on m O The Secretary of the U.S, no timely DHHS makes a Y SSI claim; y request for review final determination on o is filed by me; or my claim and The local department I further understand that and I agree to terminate the authorization. and this form ° I want to file fmeans: or SSI payments. ° I must file for SSI with a will decide if I SI social security eligible for SSI, ° Office and that Social Security MY eligibility for SSI only if I file Can begin as early as the for SSI within 60 days of the date I date sign this form Applicant's Si J" '' J; ff I sign this form". gna ture r Date Eligibility ,. orker s•. Signature Date 032-03-038/3 E- FINANCE DEP g �TH OF VIRGINIA Attachm NOTICE OF OF SOCIAL SERVICES ens RECEIPT OF SSI CHECK Case Number Name: RECIPIENT 770-043101- Co 00-5 unty/City KATHERINE NUNN PERIOD COVERED ROANOKE COUNTY SSN: From BY SSI CHECK 231-76-1715 8-91 To Address: Amount of SSI Check 7-93 5766 Amount of $ Cit DRY AD HOLLOW Rp Interim 5,051.26 , State, Zip As Ysistance Reimbursed SALEM VA 24153 Amount of SSI Owed 3,297.00 IN ACCORDANCE WITH To You $ THIS DEP THE AOTFIORIZATION YOU SIGNED COMPONENT p ETHE GENERAL0' EQUAL TO BEEF , YOUR INITIAL PAY 1.754-26 PAYMENT IS BEING LIEF PROG ITS YOU RECEIVED FROM THE OI SSI WAS SENT TO OF ASSISTANCE PAID TO YOU. RAM WAS DEDUCTED. RECEIVED YOU. THE MONTHS FOR WHICH AND ANY REMAINDER NDER BRIM ASSISTANCE YOU OF THE INITIAL ISTANCE AND THE AMOUNTS Month Year Amount 9 91 157.00 Month Year Amount Month 10 Year 91 157.00 7 92 157.00 Amount 11 91 157.00 8 92 157.00 12 91 157.9@ 9 92 157.00 1 92 157.00 10 92 157.00 2 92 157.00 2 93 314.00 3 92 157.00 3 93 157.00 4 92 57.99 4 93 157.00 1 5 92 57.00 5 93 157.00 1 6 92 157.00 6 93 157.00 Beginning7 93 next month 157.00 about the information yon SS check Your will be sent directly to conference was not his notice, contact with used in accordance Your eligibility If You have Services, Your worker rdance with 8ibility worker. any questions or ask for a fair Your signed authorization If You believe hearing by the you may that Virginia Department ask for a partment of.Social Eligibility Worker B. VEBBER Telephone Number Mailing Address 387-6036 Date of Mailing ROANOKE 'COUNTY DSS, PO BOX 1127, 7-19-93 D32-03-239/2 SAL VA 24153 CASE RECORD DEPARTMENT OF HEALTH " HUMAN SERVICES Social Security Administration Office of Hearings and Appeals 210 Franklin Road, SW AUTHORIZATION TO CHARGE AND RECEIVE A FEE Roanoke, VA 24011 To: (Name and Address of Representative) • Joseph J. Steffen, Jr.- Attorney r:Attorney at Law P. 0. Box 548 Blacksburg, Va 2 4063 Attachment C KATHERINE M. NUNN (Claimant) (Wage Earner) (Leave blank if same as above.) 231-76-1715 (Social Security Number) SSDC (Type of Claim) Fold You are hereby authorized to charge the claimant the sum of $_ 2599.82 for your services rendered before He the Social Security Administration. If either you or the claimant disagrees with the amount authorzed, a review may be requested by sending a letter within 30 days to: Eugene f. Wisniewski RCALJ, OHA P. 0. BOX 13496 PHILADELPHIA, PA 19101 The paragraph(s) checked below refer to payment of your authorized fee: A check will be sent to you from the past -due benefits. If you have any questions concerning the status of the check. write to Office of Disability & International Operations 1500 Woodlawn drive, Baltimore, MD 21241 Since the amount withheld is less than the authorized fee, you will have to look to the claimant fur any balance due. You will have to look to the claimant for the authorized fee, since the law does not permit payment from the claimant's funds if (1) there are no past -due benefits; (2) the representative is not an attorney; or (3) the claim is for Supplemental Security Income. i]x THE AUTHORIZED FEE COVERS ALL SERVICES FOR CLAIMANT AND AUXILIARIES ON A CONCURRENT TITLE II—XVI CLAIM. OUT OF POCKET EXPENSES: YOU ARE ALSO ENTITLED TO PAYMENT OF ANY OUT OF POCKET Fold EXPENSES INCURRED- REIMBURSEMENT FOR SUCH EXPENSES IS NOT SUBJECT TO OUR APPROVAL "— HQe BUT IS A MATTER FOR SETTLEMENT BETWEEN YOU AND THE CLAIMANT. ESCROW: ATTORNEY HOLDS IN ACCOUNT TO BE APPLIED TO ATTORNEY FEE 262.82. cc: (Name and Address of Claimant) katherine Nunn 5766 Day Hollow Road Salem, VA 24153 AUTHORIZING OFFICINAL: (S cure) Martha J. Lanphear (Typed Name) Admin_stratiave Law Judge (Title) 12/17/93 (Date) REPRESENTATIVE SEE REVERSE SIDE FOR OTHE-Y IMPORTANT INFORMATION Form HA -L530 -US (4/87; 'H; Alin noW SU140ING 730 EAST BnOAD 61PEET RIc—OND VIn01N1A P3210 40 (E,W) ep-Joie 1. tun-"". Imre C= C., I /I�W� —w COMMONWEALTH of VIRGINIA DEPARTMENT OF SOCIAL SERVICES September 15, 1993 Information Bulletin (# 93_87 ) Distribution: Local Directors/Superintendents Executive Team Bureau Chiefs Regional Directors Rxecutiva Assistants Regional Licensing Directors Regional Administrators District Managers SUBJECTt DISABILITY ADvoCACy PROJECT Attachment DI(1/2) LAARR CV yy����pp���� N�REM AWW . CU. SEP 2 Effective August 26, 1993, any local department of social ser, may begin participation in the Disability Advocacy Project. is an optional program in which local agencies refer recipien the Interim Assistance component of General Relief or recipiei of State and Local Foster Care for legal representation durinc appeal stages of the Supplemental Security Income (SSI) disab: determination process. Payment for the legal services is madf from the recoupment the agencies receive upon the individual's approval for SSI benefits. Seven local departments of social services have piloted the Disability Advocacy project during the last year. The pilot ayencies� included Hampton, Wise, Fairfax, Roanoke City, Alexandria, Norfolk, and Richmond City. Legal services provided through this program assist disabled customers in obtaining the federal benefits to which they are entitled. 19951 E- I Ices 'his s of is the lity For information on participation in the project, please contat Your regional Medicaid coordinator. This bulletin has no retention requirements. 90 Larry b, /acksoon Commissioner A,t Equal U1i1,arhtttilp Agcpuy is# 446RM T 1' I- T* T T i t T T -r T t t T T T 7 I S I 1 L( n -141 _ '1 I P.1 �� �„I `) r 11 1 P.3 I xg92 SESSI(} Attachment D (2/2) VIRGINIA ACTS OF ASSEMBLY -• CHAPTER E-1 Ar, Act to amgmd the Code of Virg;.- L ,+ Pa1'rrr#nt for 1"al sen•c'ces in cicirns or Su pl a sPClion ntrlty I/Tc 63,!•59,1, r`lating to f PP/emental Securl£yr IncomQ, IS 2721 Approved Be It enacted by the General Assembly 1. That the Code of virgiria is amended yeaddi g aasection numbered $3.1.8s. 63.1-59,1. Payma,-rt 1 as ipllotcS; Incomo•—far legal ser✓ices in claims The Corrtrtissiorer o for •$upplementa! rscipisnts o f f Social ser -.•ices shall establish an advocac • Socurity Of �ansral relic, or children; entrusted or y Pro ect td " eliPrbls for federal Supplsme.•ztel Security lnco„1e committed to + assist LOCcI dQ er:rrtRnts Of sotle. sFn•iccs r c , fos.er core who may be ,0 , (SSI) benefits In obtaining cleciranto to attorneys, or advocates tc orfi ,r, ertt:ing and refer a r B such benefits. representation under this Protect. This r under the supervision po OPriate potcnt6al SSF prole shall provide for d sburserncnts toof an any for cttorray Or advOCcte u or rec% Such disbursQmQn4S SI- � ber�r. c of acrai'orable decision lit such r%rred claims y such ensure Prompt cnd ade uor ourt d9.S--Coined by tha Board to be su exceed the lesser of the Q=ou mart ``'t!e;co� of such recipients. This amount fh all to Social Securityfor ste:e and local assistance aid Shall not .4et, 42 U. C.0 § 1333 or ""Ven! ` P , as provided by the bac;-due SSI grant payable to arc individual• five percent of the maximum Such disbursement Shall be made u.. fsdcral copy of the favorable decision. pe!it o s3miss:'on by the attorney of a petition and c favorably SoCia! Security .ad.•nlnc's!ratlor: _st be presented u�ithir, sixty days of the The Board in cersctltction with teed Vi-gir'a State Bar shall r necessary to implement ti:is Sectc'on. p omul8ate reBulatlens VIRGINIA D2PART.MINT OF SOCIAL saaVICIS FACSIMILE TRANSMI$$ION DATE: 10TA1 NUMIER GF PAQES:�'T'� PLEASE D uVrV THIS MANSI t11= H VAS Sb7'ifi£Y: ' f{� IF YOU paNOT RE c' OF THE PAGES. TELEPHONE; Presfdent Of the Senate Speaker APPro�+ed: of the I3ouSO of Delegates - ' i j Governor Attachment E Options - Type % Priority %, Confidential , Acknowledge %, SPEED MEMO From: cwc2 /SYS1 Date: 01.05.94 08:30 To: ROA2 , E-1 D -List: Subject: FEE FOR SSI CLAIMANT (MEMO) ATTENTION: Carol Brunty We have received a bill from an attorney for one of our former General Relief SSI pending customers claiming a fee for assisting her in getting approved for SSI. We have already disbursed the lump sum check; refunding part to General Relief and sending the balance to the customer. Do you have any information that says we are required to pay this fee? I remember this issue being brought up in the past but to my knowledge we have never received any instruction or revision to the General Relief Manual that this was approved. Would appreciate any assistance you can give me on this issue. Connie Carter Roanoke County DSS 703/387-6243 From: roa2 /SYS1 REPLY Date: 01/06/94 14:58 To Reply to Addressees, type %: (To and CC only) TO: Connie Carter FROM: Judy Ferrell Per Karen Cullen of Benefit Programs: Unless Roanoke County had previously contracted to pay this attorney through the Disability Advocacy Project, they have no obligation to pay. Roanoke City is offering DAP services, but I am not aware that Roanoke County is offering them. The attorney might not realize the program is optional for each agency and he/she must have a contract with each agency from whom they would be requesting payment. JKF/lts s - O� ROANp�� 2 � J ? a &���� Attachment F `� I -rf aor �r �tQ 1838 E— I DEPARTMENT OF SOCIAL SERVICES BETTY R. MCCRARY, Ph.D. DIRECTOR January 6, 1994 - Joseph J. Steffen, Jr. Attorney and Counsellor at Law P O Box 548 Blacksburg VA 24063-0548 Dear Mr. Steffen: This is in response to your letter dated December 20, 1993 regarding a fee of $824.25 for services rendered to Ms. Katharine M. Nunn in obtaining her SSI. I checked with our regional specialist about this matter as we have never received any policy revision to the General Relief program or instructions that we would be responsible for such payments. There is currently a Disability Advocacy Project in pilot in Virginia; however, Roanoke County is not participating in this program. Under this pilot program, localities have the option of participating at this point and those who do participate must have a contract in place with the claimant's representative. Since Roanoke County is not responsible for this fee you will have to look to the claimant, Ms. Nunn, for payment. If you have any questions please feel.free to contact me at 703/387-6243. Sincerely, <�j�r�►.�. \ c� (Mrs.) Connie W. Carter Administrative Manager s P.O. BOX 1 127 • SALEM, VIRGINIA 24153-1127 • (703) 387-6087 • FAX: (703) 387-6210 0 Regded Paper AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 28, 1995 RESOLUTION 32895-2 OF SUPPORT AND OPPOSITION TO CERTAIN ITEMS TO BE CONSIDERED BY THE 1995 VETO SESSION OF THE VIRGINIA GENERAL ASSEMBLY WHEREAS, the Board wishes to express its interest in matters to be considered at the Veto Session of the 1995 General Assembly. NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative matters are submitted to the 1995 General Assembly for its favorable consideration during the Veto Session. I A. Law Enforcement. The County urges the General Assembly to maintain the restoration of funding for the H.B. 599 Program (State aid to localities with police departments). During its 1995 session, the General Assembly restored $10 Million of HB 599 funding. Failure to preserve this funding will result in a serious loss for Roanoke County. B. Fringe Benefits for Constitutional Officers The General Assembly restored funding for constitutional officers' salary fringe benefits (SB 560, which was passed and has been signed by the Governor, increased sheriffs' fees to offset the fringe benefit costs). Preservation of this funding is a top priority for Roanoke County in the 1995 session of the General Assembly. Failure to support this funding will result in a loss of $317,241 for Roanoke County. C. Education. Realizing that public education is the 1 foundation of American democracy and the cornerstone of our future economic well being, the County urges the General Assembly to maintain funding for a $46.5 million statewide technology grant that would bring $667,025 to Roanoke County Schools. D. SB641 - Mobile homes in agricultural districts - The Board expresses its opposition to this legislation and urges the Governor to veto this legislation and the General Assembly to allow local governments to regulate the placement of mobile homes within their jurisdiction. E. Oppose reallocation of lottery funds - The Board expresses its opposition to the Governor's proposal to amend HB2542 and SB859 to return lottery profits to localities in exchange for reductions in other local aid programs. Although Roanoke County supports returning lottery proceeds to local governments, this should not be at the expense of other funds currently provided to local governments by the Commonwealth. F. SB1020 Charitable Gaming Commission - The Board expresses its opposition to this legislation and urges the Governor to veto this legislation. II That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to the Governor and members of the General Assembly representing the Roanoke Valley, to the Clerk's of the House of Delegates and the Senate of the General Assembly for the Commonwealth of Virginia. On motion of Supervisor Johnson to adopt the resolution with F11 amendments, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens NAYS: Supervisor Eddy ABSTAIN: Supervisor Minnix A COPY TESTE: Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Paul M. Mahoney, County Attorney Honorable George F. Allen, Governor of the Commonwealth of Virginia Honorable C. Richard Cranwell, Virginia House of Delegates Honorable Morgan Griffith, Virginia House of Delegates Honorable Clifton Woodrum, Virginia House of Delegates Honorable A. Victor Thomas, Virginia House of Delegates Honorable J. Brandon Bell, Virginia Senate Honorable Malfourd W. "Bo" Trumbo, Virginia Senate Bruce F. Jamerson, Clerk, Virginia House of Delegates Susan Clark, Clerk, Virginia Senate I hereby certify that the foregoing is a true and correct copy of Resolution 32895-2 adopted by the Roanoke County Board of Supervisors by a three to one recorded vote with one abstaining on March 28, 1995. Mary �H-Aaliljen, Clerk Roanoke County Board of Supervisors 3 ACTION # A-32895-3 ITEM NUMBER --.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 28, 1995 AGENDA ITEM: Consideration of projectsSharing Program for 1995-96 VDOT Revenue COUNTY ADMINISTRATOR'S COBS.. U�/ BACKGROUND The Virginia Department of Transportation (VDOT) annually Provides localities the opportunity to receive State matching funds for the construction, maintenance, and improvement to primary and secondary roads in the State's highway system. The Commonwealth of Virginia provides $10,000,000 for the matching program and limits participating localities to $500,000 each. However, if more or fewer than 20 counties participate, our share of money will be reduced/increased proportionately. SUMMARY OF INFORMATION Staff has worked with VDOT to prepare a priority list of proposed projects to be constructed with revenue sharing funds (Enclosure 1). The list of 56 projects represents approximately one million dollars of construction cost. If additional revenue sharing funds become available during fiscal year 1995-96, staff will submit an additional list of projects to the Board for approval. If our share is reduced, staff will either reduce the scope of work on some projects or eliminate projects based upon their priority, costs, and location. This year, staff is placing Camney Lane, a Rural Addition project, on our project list. The reason is because VDOT has informed County staff that our Rural Addition account is low. 3 E-3 Staff knowing there are additional rural addition projects to be submitted this year recommends placing Camney Lane on the Revenue Sharing List. This allows Roanoke County to better utilize the $20,000 contribution from the citizens of Camney Lane. Staff is requesting the Board of Supervisors to approve the priority list in order that we may notify the Virginia Department of Transportation of our intentions to participate in the Revenue Sharing Program. ALTERNATIVES AND IMPACTS Alternative Number 1: Approve the project list and defer appropriation of the funds ($480,000) at this time. The remaining $20,000 funds will be allocated from the $20,000 contribution from the citizens of Camney Lane. Alternative Number 2: Do not include $20,000 contribution for Camney Lane and place additional projects on project list and defer appropriation of the funds time. ($500,000) at this Alternative Number 3: Decline to participate in revenue sharing for Fiscal Year 1995-96. STAFF RECOMMENDATION Staff recommends Alternative Number 1. Approve the project list and defer appropriation of the funds ($480,000) at this time. The remaining $20,000 funds will be allocated from the $20,000 contribution from the citizens of Camney Lane. TTED BY: Arnold Covey, irec or of Engineering & In sections APPROVED BY: - &Z,.- �gc Elmer C. Ho ge County Administrator --------------------- ------------- ACTION VOTE Approved (x) Motion by: Motion by Edward Denied ( ) G. Kohinke to approve 5480 000 Eddy Received ( ) funding and projects Johnson Referred ( ) To Kohinke ( ) Minnix Nickens cc: File Arnold Covey, Director, Engineering & Inspections Virginia Department of Transportation 4 No Yes Abs _x X X X AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 28, 1995 RESOLUTION 32895-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board Of Supervisors for March 28, 1995, designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8, inclusive, as follows: 1. Resolution Authorizing the Transfer of Funds from the Inmate Medical Co -payment Program to the Jail Medical Account. 2. Request for Acceptance of Forest Acre Trail Into the Virginia Department of Transportation Secondary System. 3. Request for Acceptance of Periwinkle Lane Into the Virginia Department of Transportation Secondary System. 4. Donation of Waterline Easement and a 15 -foot Sanitary Sewer Easement on a 1.927 Acre Parcel from Lewis-Gale Building Corporation to the Board of Supervisors. 5. Appropriation of Litter Control Grant to Clean Valley Council. 6. Acceptance of Water and Sanitary Sewer Facilities Serving Kings Chase, Section 2. 7. Request from the School Board requesting Appropriations to the School Grant Fund as follows: a. $800 from the Virginia Commission for the Arts for Multicultural Performance by J. Plunky Branch. b. $1,500 From the Virginia Commission of the Arts for Performances by Virginia Opera. C. $4,858 in the Artists -in -Education Residency Program. 8. Approval of a Raffle Permit from North Cross School 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Kohinke to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Gerald Holt, Sheriff Diane D. Hyatt, Director, Finance Arnold Covey, Director, Engineering & Inspections Gary Robertson, Director, Utility Dr. Deanna Gordon, School Superintendent AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 28, 1995 RESOLUTION 32895-4.a AUTHORI2ING THE TRANSFER OF FUNDS FROM THE INMATE MEDICAL CO -PAYMENT PROGRAM TO THE JAIL MEDICAL CO -ACCOUNT WHEREAS, the Sheriff's Office has experienced a substantial increase in medical costs for jail inmates, and WHEREAS, they have established an Inmate Medical Co -payment Program to collect a portion of these costs from the inmate based on his or her ability to pay, and WHEREAS, it is estimated that the program will collect approximately $3,000 in fees on an annual basis, and WHEREAS, these fees should be appropriated to the Jail Medical Account to help offset the medical costs for jail inmates. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia authorizes that the medical fees collected from jail inmates be appropriated periodically, but not less than annually, to the Jail Medical Account and that this transfer be reflected in the Comprehensive Annual Financial Report. 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: ;4 Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Gerald Holt, Sheriff Diane D. Hyatt, Director, Finance The Hoard of Supervisors of Roanoke County, in regular meeting on the 28th day of March, 1995, adopted the following: RESOLUTION 32895-4.b REQUESTING ACCEPTANCE OF FOREST ACRE TRAIL INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR -5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR -5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Kohinke Seconded By: None Required Yeas: Supervisors Johnson Kohinke Eddy Nickens Minnix Nays: None ATTEST: Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Arnold Covey, Director, Engineering & Inspections Virginia Department of Transportation C m E L U RS Q m mD 0 F- O i5 Z N n i L a cc a a COL a�, a m m a o a a a H m cx v` v w rx 0 U C C14 A Q1 N < O M 8 4 a � a a a o 0 m W a s Go O W z o w 0 L b DESCRIPTION: 1) An extension of Forest Acre Trail (Virginia Route 700) 0.15 miles south to a tee turnaround. LENGTH: (1) 0.15 MILES o� (1) 50 FEET ROADWAY WIDTH: 42 39 5026 p . 0 FEET 46A, 4.60 Ac. (1) 26 FEET SERVICE: 'Q 3 HOMES I 40 3014 AL 1 2.08 Ac ?974 41 1 1.78 At 1.50 At 1969 10 1 ?93J 2 n 1 05Ac 1 jj At r • 9 ',y, I937 3 � _ -- 9 1 04 AC v 1 US Ar Q _ 8 2 2921 4 d 1,00 AC y 1 14 4c 7 2 0 U U. —T- 1 00 tr 2903 5 1 26 Ar 6 29 10 3 Ac PROPOSED ADDITION SHOWN IN GRAY DESCRIPTION: 1) An extension of Forest Acre Trail (Virginia Route 700) 0.15 miles south to a tee turnaround. LENGTH: (1) 0.15 MILES RIGHT OF WAY: (1) 50 FEET ROADWAY WIDTH: (1) 30 FEET SURFACE WIDTH: (1) 26 FEET SERVICE: (1) 3 HOMES ROANOKE COUNTY ENGINEERING & ACCEPTANCE OF FOREST ACRE TRAIL.INTO THE VIRGINIA INSPECTIONS DEPARTRYk NT OF TRANSPORTATION- SECONDARY SYSTEM The Board of Supervisors of Roanoke County, in regular meeting on the 28th day of March, 1995, adopted the following: RESOLUTION 32895-4.c REQUESTING ACCEPTANCE OF PERIWINKLE LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR -5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR -5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Kohinke Seconded By: Non_quired Yeas: Supervisors Johnson Kohinke Eddy Nickens Minnix Nays: None ATTEST: Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Arnold Covey, Director, Engineering & Inspections Virginia Department of Transportation Ln ON n M m O 1I/ / w° " / I is Z a C� O O N rn m ° CD O ^I U O < C m t N U Ln ON n M m O 1I/ / w° " / I is Z a C� O O N rn m ° CD O 3 L-3 N a O � N a� \ Cyd W Q C4 M Cl) a a a a a a s m d m a �0 a �°- a m z � W W x H '�O H � Ra 0 M O N rp Z 3 L-3 ®.M ROANOKE COU 1\y gnu ti _ VICINITY MAP- ;400 3404 38 1.56 Ac, PROPOSED ADDITION SHOWN IN GRAY DESCRIPTION: 1) Periwinkle Lane from the intersection of Sterling Road (Rt. 663) to cul-de-sac. LENGTH: RIGHT OF WAY: (1) (1) 0.19 MILES ROADWAY WIDTH: (1) 50 30 FEET FEET SURFACE WIDTH: (1) 20 FEET SERVICE: (1) 8 HOMES ROANOKE COUNTY ACCEPTANCE OF PERIWINKLE LANE INTO THE ENGINEERING & VIRGINIA DEPARTMENT OF TRANSPORTATION INSPECTIONS DEPARTMENTSECONDARY SYSTEM. 79 62 4�- ACTION NO. A -32895-4.d ITEM NO. 4— AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 28, 1995 AGENDA ITEM: Donation of waterline easement and a 15 -foot sanitary sewer easement on a 1.927 -acre parcel from Lewis-Gale Building Corporation to the Board of Supervisors of Roanoke County COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves acceptance of the following easements conveyed to the Board of Supervisors for waterline and sanitary sewer purposes, in connection with the development of a medical facility on a 1.927 -acre parcel of land, located at the intersection of U. S. Route 460 and Huntridge Road, in the Vinton Magisterial District of the County of Roanoke: a) Donation of a sanitary sewer easement, fifteen feet (15' ) in width, and a waterline easement of variable width, from Lewis-Gale Building Corporation, a Virginia corporation, (Deed Book 1364, page 15; Tax Map No. 40.14-1-3) as shown on a plat prepared by Lumsden Associates, P.C., Engineers -Surveyors -Planners, dated February 7, 1995, a copy of which is attached hereto. The location and dimensions of this property have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of these easements. Respectfully submitted, 4 V k1e L. HuTfjh#n Assistant County Attorney Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Motion by Edward G Kohinke to approve cc: File Vickie L. Huffman, Assistant County Gary Robertson, Director, Utility Arnold Covey, Director, Engineering ------------------ VOTE No Yes Abs Eddy x Johnson x Kohinke x Minnix x Nickens x Attorney & Inspections ORVE 'A" a = gG•zJ'oo" r - 2 7.94' A = 4704' CHD, = 97.p26 W Ex►sr. Il'�RA{ a prvEn nRrv6 Q% too, V m_jrfrT IRON PIN p �, Ex/fT. if W.frWrACA4rMENT TAX 040.!4-1-2 F 6 ►Y COMMUNur wVf60PMENr � CORP. fF1YFV 4ANIrARr 6AfFA(FN s ti rO 4F 64AMl9 ro rNe courm $ �� a. OP ROANOH6 4Br /Am P/N � d eo � rax•so.14•I-e f e or a ix 1.8274. �p;s_ o :%• err IRONP/N y, �e , IRON Ex. mor IRON PIM Too.4B' BA00' gf /RoN P/k MON. TO ROANOXE 1 �47•Jr'lo"W — !-942•o7'co'toWATER.LrNE EA9EMENr ;74900(NOT ScacJ' rO 9E 6AANrE4 ro GNA�LCE 4669 AVENUE rNE ouNTY OP ROANOHE U. S ROUTE 4bo (RIW VARIEI) NOTES: 1) THIS PLAT IS BASED ON A CURRENT FIELD SURVEY. 2) THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT IITLE REPORT AND THERE MAY EXIST ENCUMBRANCES WHICH EFFECT THE PROPERTY NOT SHOWN HEREON. 3) THIS PROPERTY IS NOT LOCATED WITHIN THE LIMITS OF A 100 YEAR FLOOD BOUNDARY AS DESIGNATED BY FEMA. THIS OPINION IS BASED ON AN INSPECTION OF THE FLOOD INSURANCE RATE HAP AND HAS NOT BEEN VERIFIED BY ACTUAL FIELD ELEVATIONS. FLOOD ZONE "C". COMMUNITY PANEL 0510190 OOSOA LEGAL REFERENCE: D.H. 1126, PAGE 470 P.B. 1363, PAGE 877 D.B. 1363, PAGE 882 (ESMT) PLAT SHOWING WATERLINE EASEMENT & 15' SANITARY SEWER EASEMENT BEING GRANTED TO THE COUNTY OF ROANOKE BY LEWIS-GALE BUILDING CORPORATION 0.,14,%_ SITUATED AT THE INTERSECTION OF or U.S. RTE. #460 & HUNTRIDGE ROAD 0s VINTON MAGISTERIAL DISTRICT VINCENT K�.� ROANOKE COUNTY, VIRGINIA SCALE: 1" a 100' DATE: 7 FEBRUARY 1995 7� 14288 0 LUMSDEN ASSOCIATES, P. C. ENGINEERS -SURVEYORS -PLANNERS ROANOKE, VIRGINIA z�� A -32895-4.e ACTION NO. ITEM NUMBER Z-- S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DAT March 28, 1995 AGENDA ITEM • Appropriation of Litter Control Grant to Clean Valley Council COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION; As the coordinating agency, Clean Valley Council applied for a litter control grant of $5,537.00 and a supplemental litter control grant of $3,557.00 on behalf of Roanoke County. These grants have been received by Roanoke County in the total amount of $9,094.00 and now need to be appropriated to the Clean Valley Council. FISCAL IMPACT: None. The grant funds of $9,094.00 have been received by Roanoke County. STAFF RECOMMENDATION: Recommend approval. mAf1nance\common\board\ March 21, 1995 r Respectfully submitted, Diane D. Hyatt Director of Finance Approv d by, z Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Motion by Edward G. No Yes Abs Denied ( ) Kohinke to approve Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Diane Hyatt, Director, Finance mAfmance\common%oard\ March 21, 1995 2--5 A-32895-41 ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 28, 1995 SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving Kings Chase, Section 2 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Kings Chase, Section 2, Fralin and Waldron, Inc, have requested that Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the subdivision along with all necessary easements. The water and sewer facilities are installed, as shown on plans prepared by Lumsden Associates, PC entitled Kings Chase, Section 2, and on file in the County Engineering Department. The water and sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the water and sanitary sewer construction is $58,200 and $ 111,200 respectively. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Kings Chase, Section 2 subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY Gary Rob rtson, P.E. Utility Director APPROVED: rn.✓ 4a Elmer C. Hodge County Administrator L-� ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Motion by Edward No Yes Abs Denied ( ) G. Kohinke to approve Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Engineering & Inspections Site L -4P DEED OF EASEMENT AND ASSIGNMENT THIS DEED, DEED OF EASEMENT AND ASSIGNMENT, made this 6th day of March, 1995, by and between: Fralin and Waldron, Inc. hereinafter referred to as the "Developer," party of the first part; the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, hereinafter referred to as the "Board," party of the second part; and ELMER C. HODGE, County Administrator of Roanoke County, VIRGINIA, party of the third part. : W I T N E S S E T H: THAT FOR AND IN CONSIDERATION of the mutual benefits to accrue, the Developer does hereby GRANT, CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL WARRANTY OF TITLE, in fee simple unto the Board all water and/or sewer lines, valves, fittings, laterals, connections, storage facilities, sources of water supply, pumps, manholes and any and all other equipment and appurtenances thereunto, in and to the water and/or sewer systems in the streets, avenues and public utility, water and/or sewer easement areas that have been or may hereafter be installed by the Developer, along with the right to perpetually use and occupy the easements in which the same may be located, all of which is more particularly shown and described and designated as follows, to wit: As shown on the plan entitled Kings Chase - Sec 2, made by Lumsden Associates, PC and on file in the Roanoke County Engineering Department. Page 1 of 3 The Developer does hereby covenant and warrant that it will be responsible for the proper installation and construction of the said water and/or sewer systems including repair of surface areas affected by settlement of utility trenches for a period of one (1) year after date of acceptance by the Board and will perform any necessary repairs at its cost. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, party of the third part, hereby joins in the execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution No. adopted by the Board of Supervisors of Roanoke County, Virginia. WITNESS THE FOLLOWING signatures and seals: Developer: Fralin and Waldron, Inc. I� As: ki Z'�'l _ State of: County/CxtQ of: /'10 to wit: 'he foregoing deed w ack owledged before me this: tM day 19 By: Duly authorized officer Title on behalf of 9 u-) Jite.) Notary Public My Commission expires: Page 2 of 3 L-6 :proved as to form: Runty Attorney _ate of: Runty/City of: L.--401 County Administrator of Roanoke County, Virginia By Elmer C. Hodge to wit: The foregoing deed was acknowledged before me this: , day of 1 19 Elmer C. Hodge, County Administrator, on behalf of the Board of zpervisors of Roanoke County, Virginia. Notary Public r Commission expires: evised 02/10/95 Page 3 of 3 A -32895-4.g ACTION # ITEM NUMBER LL '742 - C MEETING DATE: March 28, 1995 AGENDA ITEM: Request for Appropriation to the 1994-95 School Grant Fund COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke County School Board has received the following grants: 1. The Virginia Commission for the Arts has awarded the school division $800 to help defray expenses involved in performances by J. Plunky Branch to Roanoke County juniors. J. Plunky Branch is an African-American group which combines music and art to highlight black history and demonstrate African- American contributions. The group is highly recognized for its artistic abilities. 2. The Virginia Commission for the Arts has also awarded the school division $1,500 to defray the cost of eight performances of "Little Red Riding Hood" and one performance of "Music Ala Carte" by Virginia Opera for Roanoke County students. 3. The Virginia Department of Education has awarded the school division $4,858 for the Artists -in -Education Residency Program (Pre K-12) category to provide students and teachers in all secondary schools with a professional writer who will enhance the teaching and learning of creative writing. FISCAL IMPACT: None. An additional $900 will be required for the J. Plunky Branch performances. This amount is included in the current year's school budget. STAFF RECOMMENDATION: Staff recommends appropriation of $7,158 to the 1994-95 School Grant Fund. , Z. /, C1 -r Garland R. Life Elmer C. Hodge Senior Director of Instruction County Administrator wz ----------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Motion by Edward No Yes Abs Denied ( ) G. Kohinke to approve Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Diane Hyatt, Director, Finance Dr. Deanna Gordon, Superintendent, Roanoke County Schools L -2a, FROM THE MINUTES OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY MEETING IN REGULAR SESSION AT 7 P.M. ON MARCH 9, 1995 IN THE BOARD ROOM OF THE SCHOOL ADMINISTRATION BUILDING, ROANOKE COUNTY, VIRGINIA. RESOLUTION REQUESTING AN APPROPRIATION OF $800 TO THE SCHOOL GRANT FUND. WHEREAS, the Virginia Commission for the Arts has awarded the County School Board of Roanoke County an $800 grant, and WHEREAS, these funds will assist in paying for a multicultural performance to Roanoke County juniors by J. Plunky Branch, an African-American group which combines music and art to highlight black history and demonstrate African-American contributions; BE IT RESOLVED that the County School Board of Roanoke County, on motion of Maurice L. Mitchell and duly seconded, requests an appropriation of $800 by the Board of Supervisors of Roanoke County to the School Grant Fund. Adopted on the following recorded vote: AYES: Maurice L. Mitchell, Michael W. Stovall, Jerry L. Canada, Frank E. Thomas NAYS: None ABSENT: Thomas A. Leggette TES Clerk c: Mrs. Diane Hyatt Mrs. Penny Hodge FROM THE MINUTES OF THE COUNTY SCHOOL BOARD MEETING IN REGULAR SESSION AT 7 P.M. ON MARCH 23, ROOM OF THE SCHOOL ADMINISTRATION BUILDING, VIRGINIA L- ?. b OF ROANOKE COUNTY 1995 IN THE BOARD ROANOKE COUNTY, RESOLUTION REQUESTING AN APPROPRIATION TO THE SCHOOL GRANT FUND FOR PERFORMANCES BY VIRGINIA OPERA WHEREAS, the County School Board of Roanoke County has received a grant award of $1,500 from the Virginia Commission of Arts to defray the cost of eight performances of "Little Red Riding Hood and one performance of "Music Ala Carte" by Virginia Opera for Roanoke County students; BE IT RESOLVED that said school board requests an appropriation by the Board of Supervisors of Roanoke County in the amount of $1,500 to the School Grant Fund. Adopted on motion of Maurice L. Mitchell and duly seconded, and on the following recorded vote: AYES: Thomas A. Leggette, Maurice L. Mitchell, Michael W. Stovall, Jerry L. Canada, Frank E. Thomas NAYS: None TESTE: Z`'' �-- , Clerk c: Mrs. Diane Hyatt Mrs. Penny Hodge FROM THE MINUTES OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY MEETING IN REGULAR SESSION AT 7 P.M. ON MARCH 23, 1995 IN THE BOARD ROOM OF THE SCHOOL ADMINISTRATION BUILDING, ROANOKE COUNTY, VIRGINIA. RESOLUTION REQUESTING AN APPROPRIATION TO THE SCHOOL GRANT FUND FOR THE ARTISTS -IN -EDUCATION RESIDENCY PROGRAM (PRE K-12) WHEREAS, the County School Board of Roanoke County has received a grant of $4,858.00 in the Artists -in -Education Residency Program (Pre K-12) category, and WHEREAS, the funding will provide students and teachers in all secondary schools with a professional writer who will enhance the teaching and learning of creative writing, THEREFORE, BE IT RESOLVED that said school board requests an appropriation of $4,858.00 by the Board of Supervisors of Roanoke County to the School Grant Fund. Adopted on motion of Maurice L. Mitchell and duly seconded, and on the following recorded vote: AYES: Thomas A. Leggette, Maurice L. Mitchell, Michael W. Stovall, Jerry L. Canada, Frank E. Thomas NAYS: None TESTE: -r"'�`� Clerk c: Mrs. Diane Hyatt Mrs. Penny Hodge A -32895-4.h 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 28, 1995 AGENDA ITEM: Request for Approval of a Raffle Permit from North Cross School COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: North Cross School has requested a permit to hold a raffle in Roanoke County on May 13, 1995. 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 North Cross School be approved. SUBMITTED BY: —7v. Mary H. Allen Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Motion by Edward G. No Yes Abs Denied ( ) Kohinke to approve 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. 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 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 North Cross School Mailing Address 4254 Colonial Ave SW City, State, Zip Code Roanoke VA 24018 When was the organization founded? 1961 Purpose and Type of Organization Private School Has the organization been in existence in Roanoke County for five continuous years? YES x NO Is the organization non-profit? YES X NO Is the organization exempt under 5501(c) (3) of the Internal Revenue Code? YES Z; 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. sec. 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 COMAUSSIONER OF THE REVENUE ROANOKE, VA 24018 1 �_k 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 Raffles ? YES L-9 DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES: Article Description Fair Market Value 1 -Tuition Scholarship $5,000 2 -USAir tickets (2( to $2,812 anywhere in the United States DATE OF RAFFLE May 13, 1995 If this application is for an ANNUAL RAFFLE PERMIT, list below all dates raffles will be held. Specific location where Raffle drawing is to be conducted? 4254 Cnlnnial Ava RnnnnkPyA 94n1 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. Schlarships and classroom supplies COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COMIVIISSIONER OF THE REVENUE ROANOKE, VA 24018 E nfficers of the Organization: President: John C. Parrott II Phone: Address: 3112 Somerset Street Roanoke VA 24014 Vice President: Robert N Fishburn Phone: Address: 3542 Peakwood Drive Roanoke VA 24014 Secretary: Lucy R. Ellet Phone: Address: 3752 Lee Hwy Roanoke VA 24018 Treasurer: Bittle Porterfield III Phone: Address: 2436 Cornwallis Ave Roanoke VA 24014 Member authorized to be responsible for Raffle operations: Name: G. William Stacey IV Home Address 430 Willow Oak Drive Phone Roanoke VA 24015 Bus Phone (703) 989-6641 Member responsible for filing financial report required by the code if your organization ceases to exist: Name: Joyce H Dickenson Home Address 1844 Maiden Lane Roanoke VA 24015 Phone Bus Phone (703) 989-6641 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? yFs IF ALL QUESTIONS HAVE BEEN ANSWERED, PROCEED TO NOTARIZATION. COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COMNIISSIONER OF THE REVENUE ROANOKE, VA 24018 M 1_4 NOTARIZATION THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS: I hereby swear or affirm under the penalties of perjury as set forth in 518.2-434 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 at. seg. of the Code of Virginia and Section 4-86 et. sea. of the Roanoke County Code. Signed by: Mar aret D. Palmieri Business Manager 6511 Dee wood Dr. RK, VA 24018 Name Title Home Address Subscribed and sworn before me, this 2_day of X99., in the County/City of RnanakP , Virginia. My commission expires: 19qr, 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. �Z2-4z�aI/L IL , C-�� - Dhte XoinmissiAner of the Revenue 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 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 28, 1995 RESOLUTION 32895-5 AUTHORIZING THE ISSUANCE OF $10,100,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $10,100,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the County has held a public hearing, after due publication of notice, in accordance with Section 15.1-227.8, Code of Virginia of 1950, as amended (the "Virginia Code") on March 28, 1995 on the issuance of school bonds in the amount of $10,100,000. WHEREAS the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in an aggregate principal amount not to exceed $10,100,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the Virginia Public School Authority (the "VPSA") for the VPSA to purchase from the County, and to sell to the VPSA, the Bonds at the price of par, upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole 1 multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1995A11; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning January 15, 1996, (or such other date as the County Administrator may approve) at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 (or such other date as the County Administrator may approve) in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. 4. Principal Installments and Interest Rates The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one -hundredths of one percent (0.10$) over the annual interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed eight percent (8%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than approximately 20 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. On twenty 20 days written notice from the VPSA, the County shall deliver, at its expense, Bonds in marketable form in denominations of $5,000 and whole multiples thereof, as requested by the VPSA, in exchange for the temporary typewritten Bond. 6. Payment; Paving Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest 2 Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Preyavment or Redemption The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2005, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2005, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2005, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2005, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2005, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be set forth in the Bond Sale Agreement. 8. Execution of the Bonds The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 3 Dates Prices July 15, 2005 to July 14, 2006, inclusive.. ........... 103% July 15, 2006 to July 14, 2007, inclusive ............. 102 July 15, 2007 to July 14, 2008, inclusive ............. 101 July 15, 2008 and thereafter ............. ............. 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be set forth in the Bond Sale Agreement. 8. Execution of the Bonds The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 3 9. Pledge of Full Faith and Credit For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate: Non -Arbitrage Certificate. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non -Arbitrage Certificate and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Non -Arbitrage Certificate and such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non -Ar itra a Program: Proceeds Agreement, The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non -Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 12. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 4 13. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 14. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on March 28, 1995, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy ATTEST: Mary H. Allen, Clerk cc: File Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney Dr. Deanna Gordon, School SuuerintendPnt- WITNESS MY HAND and the seal of the Board of Supervisors of the County of Roanoke, Virginia, this 30th day of March, 1995. (SEAL) Mary H. 91len, Clerk Board of Supervisors of the County of Roanoke, Virginia �1 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA March 28, 1995 At a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on March 28, 1995, the following persons were present or absent as shown: PRESENT: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix ABSENT: None Upon motion by Supervisor Minnix, the following resolution was adopted by a majority of the members of the Board of Supervisors by the following roll call vote, as recorded in the minutes of the meeting: MEMBER VOTE Supervisor Johnson Pass, Yes Supervisor Kohinke Yes Supervisor Eddy No Supervisor Nickens Pass, Yes Supervisor Minnix Yes NO. TR -1 Exhibit A (FORM OF TEMPORARY BOND) UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE General Obligation School Bond Series 1995A The COUNTY OF ROANOKE, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of Dollars ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 1996 and annually on July 15 thereafter to and including July 15, 2015 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year commencing on January 15, 1996 (each an "Interest Payment Date"; together with any Principal Payment Date, a 'Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. 1 For as long as the Virginia Public School Authority is the registered owner of this Bond, Crestar Bank, Richmond, Virginia, as bond registrar (the 'Bond Registrar") shall make all payments of principal of, premium, if any, and interest on this Bond, without presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of principal of, premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.1- 227.25 of the Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal of, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in N the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 5.1, Title 15.1, Code of Virginia of 1950, as amended, and resolutions duly adopted by the Board of Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost at the office of the Bond Registrar for an equal aggregate principal amount of bonds in definitive form having maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid, issuable in fully registered form in the denominations of $5,000 and whole multiples thereof. On twenty (20) days written notice from the Virginia Public School Authority, the County shall deliver, at its expense, this Bond in marketable form, in exchange for the temporary typewritten Bond. This Bond is registered in the name of the Virginia Public School Authority on books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, 2005, and the definitive Bonds for which this Bond may be exchanged that mature on or before July 15, 2005, are not subject to prepayment or redemption prior to their stated 3 maturities. The principal installments of this Bond coming due after July 15, 2005, and the definitive Bonds for which this Bond may be exchanged that mature after July 15, 2005, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2005, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2005 to July 14, 2006, inclusive...... 103% July 15, 2006 to July 14, 2007, inclusive...... 102 July 15, 2007 to July 14, 2008, inclusive...... 101 July 15, 2008 and thereafter ................... 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. In IN WITNESS WHEREOF, the Board of Supervisors of the County of Roanoke, Virginia, has caused this Bond to be issued in the name of the County of Roanoke, Virginia, to be signed by its Chairman, its seal to be affixed hereto and attested by the signature of its Clerk, and this Bond to be dated May _, 1995. (SEAL) ATTEST: Clerk, Board of Supervisors of the County of Roanoke, Virginia COUNTY OF ROANOKE, VIRGINIA By Chairman, Board of Supervisors of the County of Roanoke, Virginia 5 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: Dated: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company.) \VSA\ROANK\ROANK25.RSO Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 28, 1995 ORDINANCE 32895-6 TO CHANGE THE ZONING CLASSIFICATION TWO PARCELS OF LAND TOTALING 7.93 ACRES LOCATED AT 2331 AND 2393 HAMMOND DRIVE (TAX MAP NO. 71.00-1-6 AND 71.00-1-8) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF EP TO THE ZONING CLASSIFICATION OF AG -3 UPON THE APPLICATION OF VA RECREATIONAL FACILITIES AUTHORITY WHEREAS, the first reading of this ordinance was held on February 28, 1995, and the second reading and public hearing were held March 28, 1995; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 7, 1995; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of two parcels of land totaling 7.93 acres, as described herein, and located at 2331 and 2393 Hammond Drive, (Tax Map Number 71.00-1-6 and 71.00-1-8) in the Vinton Magisterial District, is hereby changed from the zoning classification of EP, Explore Park District, to the zoning classification of AG -3, Agricultural/Rural Preserve District. 2. That this action is taken upon the application of VA Recreational Facilities Authority. 3. That said real estate is more fully described as follows: Parcel 1 - A 2.00 -acre parcel of real estate located on the west side of Virginia Secondary Route 1029 designated Tax Map No. 71.00-1-8. 1 L-71-7;.. 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 motion of Supervisor Nickens to adopt the ordinance to rezone only Parcel 1 (2.0 acres) with Parcel 2 being continued until April 25, 1995, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None 2 A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 3 0 pz�l NORTH DEPARZMNT OF PLANNING VA RECREATIONAL FACILITIES AUTHORITY 71.00-1-6 E 71.00-1-8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 28, 1995 ORDINANCE 32895-7 TO CHANGE THE ZONING CLASSIFICATION OF A 22.21 -ACRE TRACT OF REAL ESTATE LOCATED AT 3862 BUCK MOUNTAIN ROAD (TAX MAP NO. 98.01-2-25, 98.01-2-26, 98.01-2-27, 98.01-2-28) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF I-2 TO THE ZONING CLASSIFICATION OF AR UPON THE APPLICATION OF BUCK MOUNTAIN LAND, LLC WHEREAS, the first reading of this ordinance was held on February 28, 1995, and the second reading and public hearing were held March 28, 1995; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 7, 1995; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 22.21 acres, as described herein, and located at 3862 Buck Mountain Road, (Tax Map Number 98.01-1-25, 98.01-2-26, 98.01-2-27, 98.01-2-28) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of I-2, Industrial District, to the zoning classification of AR, Agriculture/Residential District. 2. That this action is taken upon the application of Buck Mountain Land, LLC. 3. That said real estate is more fully described as follows: BEGINNING at point 1 which lies on the southerly right of way 1 line of Buck Mountain Road (Va. Secondary Rte. 679) and which point constitutes the northwesterly corner of land conveyed to John C. and Virgie Donahue (DB 552, page 179) shown as Tax Map No. 88.03-2-57, and the northeasterly corner of Parcel 2 (Tax Map No. 98.01-2-27) described in deed from Thomas H. Beasley, Jr. to Virginia Asphalt Paving Company of record in Deed Book 1145, at page 312; thence leaving Buck Mountain Road, the following courses and distances: S. 45 deg. 18' 34" E. 207.57 feet to point 2; thence N. 62 deg. 06' 40" E. 154.55 feet to point 3; thence N. 59 deg. 54' 20" E. 70.99 feet to point 4; thence N. 72 deg. 39' 40" E. 84.55 feet to point 5; thence S. 32 deg. 16' 38" E. 687.20 feet to point 6; thence N. 71 deg. 13' 28" E. 371.20 feet to point 7; thence N. 73 deg. 20' 44" E. 478.39 feet to point 8; thence S. 16 deg. 39' 16" E. 155.51 feet to point 9; thence S. 32 deg. 22' 06" W. 558.93 feet to point 10; thence S. 72 deg. 52' 24" W. 109.70 feet to point 11; thence N. 71 deg. 09' 36" W. 173.00 feet to point 12; thence N. 84 deg. 18' 36" W. 45.40 feet to point 13; thence S. 68 deg. 45' 20" W. 171.30 feet to point 14; thence N. 43 deg. 35' 34" W. 159.20 feet to point 15; thence S. 67 deg. 47' 03" W. 632.26 feet to point 16; thence N. 22 deg. 12' 57" W. 804.54 feet to point 17; thence N. 68 deg. 30' 19" E. 50.00 feet to point 18; thence N. 22 deg. 12' 58" W. 299.99 feet to point 19 on the southerly right of way line of Buck Mountain Road; thence with the southerly right of way line of Buck Mountain Road N. 68 deg. 30' 19" E. 205.51 feet to point 1, the Place of Beginning, the aforesaid perimeter boundary containing 24.090 acres, more or less. Less and Except the following described 1.88 acre parcel with point references being to the hereinafter described plat: Starting at point 2; thence S. 40 deg. 20' 49" E. 236.02 feet to point A, the Actual Place of Beginning; thence S. 64 deg. 14' 01" E. 110.00 feet to point B; thence S. 44 deg. 56' 31" E. 161.18 feet to point C; thence S. 48 deg. 46' 25" W. 235.00 feet to point D; thence S. 62 deg. 38' 50" W. 103.68 feet to point E; thence N. 39 deg. 49' 53" W. 237.30 feet to point F; thence N. 48 deg. 46' 25" E. 276.44 feet to point A; the Actual Place of Beginning and containing 22.21 acres, more or less, as shown on a plat of survey labeled "Exhibit B" entitled Plat of Cunningham Properties, Inc. showing Property to be Rezoned to AR . . . " prepared by Lumsden and Associates, P.C., dated January 16, 1995. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is 2 directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 3 C, ZY 0 7 6 CLE BROOK it c CL 804 iNTERMAL-MEDICINE W ......... . R y 'FANIRE QUAD ACRE/ E .......... ...... 'po 'o. mp C3 r t(CLearbroo' 6 a intain Haystac VICINITY MAP- Mtn. 29 30 31 33 33 34 36 3 39.1 DEPARTMENT OF PLANNmr. AND ZONING BE jq cr - It F�J NORTH See May 96.00 BUCK MOUNTAIN LAND, LLC 98.01-2-25; -26; -27; -28 a X L40AS M" C gT r >''::::.g god °g2E of ° Age 0S`i p' 1995 S °E 'tA4 4.3 CCE 28 r OE13ZSS E <<tA OgS�,Z, G OF vo EAg C STAT E SEG 'SSE gE A`1 r E L E SpE ZOE G l AT T �S13E313 G 4R°F pF ; 4t 'tiov �� IV so gEG13L�'g �Ey �sE CT 1812 C1 FR ,SSE COEDS AT A gGSESA r 5,8 �,C 180 6 TaA�SSSgZ �° FEv� 8g' ed VS CE 32 A 1 • CATE13 GZS't OS t,210 S QAL370 Saf RO sS,ES r n pyOtte OSP l G �z�31 �4' 2 r.;::: C IRE%EVEgES 8 E 0.5 r of to 1 c -00 3VE SE CA SO pg SCA�SoE e2oi'ed a 'Q`lp i 13-3 SSSFS CArSSpE E A44 was Y reld C�'SSS1F 1340E Sg ,QYoPe�tY Co`lsslOV, or T'1oE A this . and t planning a,,d was Held eke S. SERE iY' 1988 ' noXe Co`�r Y 1995 ' oYclv,avl neaziz�q w c°rdltl°ns AS' the goae� OVV nq of tnls and p�llc as E tX-1 matt r st Tea rd Y eadirq pr ov ided on f 1 eco eer �,ea� lrq EREAS � the . and the s emert Hasp rt`I 28. 1995' 1995 and d adve�tls oaroxe CoU FepT,�aYYa�cn 28 , 1 notice ar 1p lsoTs of R Held °� OP.$ I lega rd of va tzact Of rE 0E pY law • pY the Boa f a oe�a1r and 1oc� Tela r oRBAZEEB 1.lcatior o 6.01,231 agistE BE ZT follows classif4 Eo • 3 Catawpa o, zgiY'ia� as t the 2°t,irq aces ITAX ie lr the slflcation V 1 1 2na. ring 1 8 6 MemoY ial DT Zoning clan conditions al ozl e t estate cont 1812 2nomps rged from tnn pToffeTed ial Bist�lc at 180 6 and neY epY cna stY ict' wit e�al Co�� ec the applic t is Bl GeTlon Bistric Coeccial of C-21 is taxer, op Gerie�al classiflcat is acts°� n 2oY,lrq ZY1at t 2 • miles r sic 11 1 • Everette 3. That the owners voluntarily proffered in writing the following amendments to the conditions approved by the Board of Supervisors in 1988, which the Board of Supervisors hereby removes as follows: 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney E 0 V-3 NORTH DEPARZT'EM OF PLANNING EVERETT J. MILES SR. AND ZONIlVG 36.01-2-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 28, 1995 ORDINANCE 32895-9 AMENDING AND REENACTING SECTION 22-820 "RATES AND FEES", SECTION 22-83, "INSPECTION AND READING OF METERS; BILLS; REFUNDS", SECTION 22-86.1, "UNPAID BILLS", AND SECTION 22-86.21 "LIEN FOR WATER AND SEWER CHARGES", OF CHAPTER 22 "WATER", ARTICLE II. "WATER SYSTEMS", DIVISION 2. "COUNTY WATER SYSTEM", OF THE ROANOKE COUNTY CODE TO PROVIDE FOR MONTHLY BILLING OF WATER AND SEWER SERVICE IN THE COUNTY OF ROANOKE AND TO PROVIDE FOR CONDITIONS UPON THE PLACEMENT OF LIENS ON RESIDENTIAL RENTAL REAL ESTATE. WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has determined that, in order to better serve utility customers in the County, it is in the best interests of the public to provide for monthly billing of water and sewer services; and, WHEREAS, the 1994 Session of the General Assembly has adopted an amendment to §15.1-295, providing for water and sewer liens on real estate, which necessitates a corresponding amendment to Roanoke County Code §22-86.2; and, WHEREAS, the provisions of this ordinance are adopted pursuant to the authority found in §§ 32.1-167, et sea., and Chapter 9, Title 15.1 of the Code of Virginia (1950, as amended). WHEREAS, legal notice of these amendments has been published in a newspaper of general circulation within Roanoke County on March 14, 1995, and March 21, 1995; and, WHEREAS, the first reading of this ordinance was held on March 14, 1995, and the second reading and public hearing on this ordinance was held on March 28, 1995. BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia: 1. That Division 2. County Water System of Article II. Water Systems, Chapter 22 WATER, of the Roanoke County Code is hereby amended and reenacted as follows: Sec. 22-82. Rates and fees. (c) Security Deposits. (2) If any utility customer at any time fails or has failed to keep his account current, resulting in disconnection or discontinuance of service, that customer shall pay an additional deposit as security for future bill payments. This deposit shall be required in addition to full payment of the outstanding utility service bill, including late payment penalties and any applicable charges imposed pursuant to Section 22-82(7), and shall be paid prior to reconnection of service at the same location or initiation of service at any other location in the County of Roanoke. a. Residential. The security deposit for a residential customer of water, water and sewer, and sewer only services, shall be in an amount equal to the customer's last s;__ ___ _ j r> billin >:. g rounded to the nearest•'One ••`rioYfar ($1.00) (3) If any utility customer fails or has failed to keep his account current, resulting in a subsequent disconnection or discontinuance of service at any time, that customer shall pay additional security deposits, as required in subsection (c)(2) above, as follows: a. Residential. In the event that non-payment results in a second disconnection or discontinuance of service, a residential utility customer shall pay an additional security deposit in an amount equal to the customers last quarterly . billing; , rounded to the nearest.... .One `' rioY ar ($1.00)`: Thereafter, no further deposits shall be required, except to the extent necessary to maintain or restore the deposit balance as hereinafter provided in subsection (c)(4). +A See. 22-83. Inspection and reading of meters; bills; refunds. The director shall cause all utility service meters to be x'. inspected and read at least once every three (3) months for residential customers and at least once every month for commercial customers. The director shall have the authority to estimate usage if he determines that a meter reading I.... Cannot be obtained. . ............................................. — Utility service bills shall be paid at the utility billi . n , g office or at such other places designated by the director. All deposits or advance payments for water, refunds to depositors of advance payments, or other refunds on account of errors shall be made at the utility billing office. Bills shall be due and payable ne later than the last day ef the menth during whieh the bill is mailed. (Code 1971, § 20.1-28) See. 22-86.1 Unpaid bills. Any utility services bill which has not been paid by the due date of the bill, resulting in a past due balance, shall be subject to a late payment penalty of ten percent (10%) of the amount of the bill, but in any event net less than Five Belars The late payment penalty shall be added to the past due balance ne later than a'..", the 15th if,`� day of the ...... ........ ... month following the da"i that sal 1 was Yka 9"_ --- the utility customer fails to maze ruii payment o ' balance i and the aforesaid penalty"IM-1.1 Within i. f ifteent"'.'.-­(15days of the mal -11— _f the pe," * ... . ............. ....... ....... ----------- Pay .. M..enz :Eft :0 M 0 the disconnection '�"�' M :380, p� or e a .44, -'-40 V 'M _M ML paymenta ate penalty.........g.,, ei reconnection fee, the deposit (ff�applicable), and any other charges or fees shall be made prior to service being restored to the premises or initiated at any other location in the County of Roanoke. 3 (Code 1971, § 20.1-31) Sec. 22-86.2 Lien for Water and Sewer Charges. Taxes or charges hereafter made, imposed or incurred for water or sewers or use thereof in the County of Roanoke, Virginia, shall be a lien on the real estate served by a such waterlineor sewer:.Q_cE:f}:. :. 2. That the provisions of this Ordinance shall become effective on and from July 1, 1995. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors 4 cc: File Circuit Court G. O. Clemens, Judge, Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George W. Harris, Judge William Broadhurst, Judge Vincent Lilley, 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 Gary Robertson, Director, Utility Michael Lazzuri, Court Services Don C. Myers, Assistant County Administrator Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Thomas C. Fuqua, Chief, Fire & Rescue Bill Rand, Director, General Services Thomas S. Haislip, Director, Parks & Recreation Elaine Carver, Director, Procurement John W. Birckhead, Director, Real Estate Assessment MIN BK ORD/RESO/ PG DATE ACT # DESCRIPTION 200 03-28-95 A -32895-4.h Approval of a Raffle Permit from North Cross School 199 03-28-95 R-32895-4 Consent Resolution 206 03-28-95 R-32895-5 Public Hearing and Adoption of Resolution Authorizing the Issuance of $10,100,000 General Obligation School Bonds to be sold to the Virginia Public School Authority to Finance Certain Capital Projects for School Purposes. 214 03-28-95 0-32895-6 Ordinance to Rezone Two One Parcels of Land Totaling 7-.93 2.0 Acres from EP to AG -3, Located at 2331 and 3393 Hammond Drive, Vinton Magisterial District, Upon the Petition of the Virginia Recreational Facilities Authority. (Second parcel continued until April 25, 1995) 218 03-28-95 0-32895-7 Ordinance to Rezone 22.21 Acres from 1-2 to AR to Allow Single Family Dwellings, Located at 3862 Buck Mountain Road, Cave Spring Magisterial District, Upon the Petition of Buck Mountain Land, LLC. 221 03-28-95 0-32895-8 Ordinance to Rezone 1.864 Acres from C-2 Conditional to C-2 to Allow General Retail Sales, Located at 1806 and 1812 Thompson Memorial Drive, Catawba Magisterial District, Upon the Petition of Everett J. Miles, Sr. 225 03-29-95 0-32895-9 Ordinance Amending and Reenacting Section 22, "Rates and Fees", Section 22-83, "Inspection and Reading of Meters; Bills; Refunds"; Section 22-86.1, "Unpaid Bils", and Section 22-86.2, "Lien for Water and Sewer Charges", of Chapter 22, "Water", Article II, "Water Systems", Division 2, "County Water Systems", of the Roanoke County Code to Provide for Monthly Billing of Water and Sewer Service in the County of Roanoke and to Provide for Conditions Upon the Placement of Liens on Residential Rental Real Estate.