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HomeMy WebLinkAbout1/23/1996 - Adopted Board RecordsA-012396-1 ACTION 110. ITEM NUMBER �E — AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 1996 AGENDA ITEM: Amendments to the Length of Service Awards Program for the Volunteer Fire, Rescue and Auxiliary Police Personnel COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. This strengthens the program. Perhaps in the budget process we can find some way to increase the appropriation. EXECUTIVE SUMMARY: In 1988, the Board of Supervisors approved a Length of Service Awards Program to be administered by Volunteer Fireman's Insurance Services, Inc. for Volunteer Fire, Rescue and Auxiliary Police personnel. The program provides monthly retirement benefits to the volunteers based on personnel meeting certain yearly requirements of volunteer service. Personnel are given a retirement benefit of ten dollars per month for each good year of service up to maximum of twenty years of service. They start receiving their benefit at age fifty-five. The premium to the program is actuarially calculated and is included in the Employee Benefits Departmental account of the County budget annually. The Board of Supervisors appointed a Board of Trustees comprised of volunteer and County personnel to administer the program. In accordance with the provisions of Section 7.1 (Amendments Generally), the Board of Supervisors must approve any amendments to this plan. Recently, the Board of Trustees were made aware of a discrepancy between the information booklets distributed to the volunteers by the Insurance Service at the beginning of the program and the language in the adoption agreement and master plan for the program. The discrepancy relates to the definition of disability and distributions to members of the present value of their accrued benefit. The plan called for payment of benefits for disabilities based upon "line of duty", yet the distributed information related to disabilities from "any cause". The Board of Trustees have been advised and assured by the Volunteer Fireman's Insurance Services, Inc. that the plan was established and administered based on the language of the material distributed to the volunteers and the premium calculations were based on these concepts. The plan is actuarially sound, however, there are three cases pending settlement until the language can be reconciled. The settlement value of these three cases is approximately $15,793. The attached amendments have been drafted by VFIS and the Board of Trustees and reviewed by the County Attorney to reflect the definitions that have been used. The amendments accomplish two purposes. First, it changes the disability provision to "line of duty" instead of "any cause" and uses the criteria for disability as described by the Social Security Administration. Second, these amendments address payments to members based upon lump sum present value of :accrued benefits. The proposed amendments would be retroactive to the date of inception of the plan of January 1, 1989. Attachment A shows the proposed amendments to the plan by striking through the language being removed and depicting the language to be included. Attachment B shows the printed material given to volunteers about the program. Section 11 deals with the definition of disability "from any cause" instead of "line of duty". As an additional incentive to recruit and retain volunteers, the Board of Trustees recommends increasing the benefit from $10 to $12 per month as described above effective April 1, 1996. This change can be accomplished using monies appropriated in the current budget. FISCAL IMPACT• None. The rates have been calculated based upon the concept of the language included in the amendments and monies are included in the Employee Benefits group of accounts to cover this program. ALTERNATIVES: 1. Approve the proposed amendments to the language of the plan and make them retroactive to the plan implementation date of January 1, 1989. This would allow the payment and settlement of pending disability cases, but would require future disabilities to be related to "line of duty". Also, approve the increase in the level of benefit from $10 to $12 as described above. No additional funding is required. 2. Approve amendments to the language of the plan as of this date and not make them retroactive. Deny payment of the pending disability cases and cover only "line of duty" cases in the future. Also, approve the increase in the level of benefit from $10 to $12 as described above. No additional funding is required. 3. Change the plan to cover disabilities "from any cause" as stated in the published material and settle the pending claims. Approve the increase in the level of benefit from $10 to $12 as described above. No additional funding is required. STAFF REC0101ENDATION: The Board of Trustees and I recommend Alternative 1, approving the proposed amendments retroactive to January 1, 1989. This would provide coverage to the volur_teers based upon "line of duty" instead of those described in the printed material given to the volunteers. This would not cost the program any additional monies since the premiums have been actuarially calculated. We would settle the pending cases and increase t:"_e benefit from $10 to $12 per month per year of service to assist in recruitment and retention of volunteers. The Volunteers covered by this program will be notified of the option chosen. Re pectfu submitted, Approved by,�. j VVI y She r Elmer C. odge Volunte Coordinator County Administrator Fire and Rescue Department Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Motion by H. Odell Minnix to approve Alternative #1, but with effective date of amendments at 1/1,(96 cc: File Amy Shelor, Volunteer Coordinator Fire & Rescue Dept Thomas C. Fuqua, Chief, Fire & Rescue D. Keith Cook, Director, Human Resources VOTE No Yes Abs Eddy x Harrison x Johnson x Minnix x Nickens x cc: File Amy Shelor, Volunteer Coordinator Fire & Rescue Dept Thomas C. Fuqua, Chief, Fire & Rescue D. Keith Cook, Director, Human Resources E-) ATTACHMENT A SECOND AMENDMENT TO THE ADOPTION AMENDMENT AND FIRST AMENDMENT TO THE MASTER PLAN FOR VOLUNTEER FIREMEN'S INSURANCE SERVICES, INC. LENGTH OF SERVICE RETIREMENT PLAN BY THE COUNTY OF ROANOKE, VIRGINIA The County of Roanoke, Virginia hereby amends, effective as of January , 1996, that certain Adoption Agreement dated April 5, 1989 (the "Agreement") and the Master Plan (the "Plan") entitled the "Roanoke County, Virginia, Volunteer Firemen's Insurance Services, Inc., Length of Service Awards Program Master Plan," which has been attached to and made a part of the Adoption Agreement, as follows: 1. Section 12 of the Agreement, entitled "Form of Retirement Benefit," is hereby deleted and the following new Section 12 is substituted in lieu thereof: (12) Form of retirement benefit: Refer to Seetion 2. 1 (dd) of the Master Plan doettment. A Participant's vested and accrued retirement benefit.shall take the forni of a Ten Year - ,w Certain And Continuous Annuity as such term is defined in Section 2.1(dd) of the Master Plan. 2. Section 14 of the Agreement, entitled "Death Benefit," is hereby deleted and the following new Section 14 is substituted in lieu thereof: (14) Death Benefit: In the event of a Participant's death prior, to Retirement, the Participant's' benefictaty will `receive a payment or -payments equivalent to the proceeds payable to Owner on the applicable life insurance policy having a face amount equal,,to$5;000:, 3. Section 2.1(m) of the Plan, entitled "Disability," is hereby deleted and the following new section 2.1(m) is substituted in lieu thereof: Section 2. 1 (mh Disability shall mean a disabiiity pre-ventsPartieipant: • Page 1 ATTACHMENT A 4. Section 6.3 of the Plan, entitled "Disability," is hereby deleted and the following new Section 6.3 is substituted in lieu thereof: .Disability. .. pant••% Yes ed ift MIRA- Page 2 .. &1mv 414= ; .. Page 2 ATTACHMENT A 5. The first sentence of Section 2.1(e) of the Plan, entitled "Actuarial Equivalent," is hereby deleted and the following new first sentence of Section 2.1(e) is substituted in lieu thereof: Section tmder the terms of this • is the ttetuarial equivalent of a stated _ _ and shall have _ __ e presentvaitte aft the date payment eantmenees as stteh benefit, exeept as provided i_n Seeti• 6. Section 2.1(dd) of the Plan, entitled "Straight Life Annuity," is hereby deleted and the following new Section 2.1(dd) is substituted in lieu thereof: Section•d straiffht 1:i&r.. � �wljljlx shall mean a retirement ammity for the life of th�e •.. Benefits the .. Ten Year Certain 'And7 Continuous Annuity shall mean a retirement annuity for the life of the Participant with a°guarantee of 120- payments payable` inclusively to the Participant and ',to '4s designated Beneficiary, 7. Section 6.1 of the Plan, entitled "Straight Normal Retirement," is hereby deleted and the following new Section 6.1 is substituted in lieu thereof: Section 6.1: Straight Normal Retirenient. AParticipant -shall; on or after Normal R.etirement Age;; be entitleci'todeceive hisAccrued Benefit, as determined under Section.9 of the Adoption Agreement, beginning at the time specified in"Section 5 1. of the Plan. 8. The first sentence of Section 6.4 of the Plan, entitled "Termination of Membership," is hereby deleted and the following new first sentence of Section 6.4 is substituted in lieu thereof: Page 3 ATTACHMENT A Section. Termination of ?4efnb.grUb..j.p. A • artieipant shall, upon his termittation Member other than for Retirement, Bisability or Death as deseribed in Seetieft 6.1, 6.2 or 6.3 be entitled to reeeive a benefit equal to the vested amotint of this AeeFded Bemfit to whieh he is etttitled as determined tinder Seetion • of the A Participant, upon his termination as a Member other than for Retirement, Death or Disability as described in Sections 6.1, 6.2 or 6.3 ' respectively, shall. be entitled to receive a benefit equal to the vested amount of the Accrued Benefit"to Which'he is entitled as determined under Sections 9 and 134 the Adoption Agreement "Me- benefit, Thebenefit. shall be paid beginning on the first day of the first month following the Participant's attainment of Normal Retirement Age, 9. The first sentence of Section 6.5 of the Plan, entitled "Designation of Beneficiary, is hereby deleted and the following new first sentence of Section 6.5 is substituted in lieu thereof: Section•.5(a) Designation of Eaeh Partieipaftt may designate from time to ti att or persetts .. ary• benefits.enefieiaries to whem beftefita-ut.e. See.tt 6.2 are to be paid if lie dies while entide to (a)M Each Participant may , designate from time to time any pe"rson or persons as ;phis Beneficiary or Beneficiaries"tow hom an affected benefits "under`Anc�ie VI are to Y paid;if he dies while entitled to benefits. Each beneficlaryjdesignationshall be na�e"on a krm,prescribedby the Owner during designation, iledwith the Owner shall revoke all Beneficiary designations previ made by that Participant The revocation of a Beneficiary designation shall not,>'edure �.. v the consent of any designation Beneficiary. ,�....,_ IN WITNESS WHEREOF, and intending to be legally bound hereby, the County has executed this Amendment this day of January, 1996. WITNESS: Name Printed: Home Address: Page 4 COUNTY OF ROANOKE, VIRGINIA Title: Chairman, Board of Trustees Roanoke County Length of Service Awards Program ATTACHMENT B E- i ROANOKE COUNTY, VIRGINIA ROANOKE, VA LENGTH OF SERVICE AWARDS PROGRAM EXPLANATION OF BENEFITS 1) EFFECTIVE DATE OF PLAN: 01/01/89. This is the date used to determine members ages and years of service and is the date Roanoke County, VA selected for the plan to begin. EFFECTIVE DATE OF LIFE INSURANCE: 09/01/88 2) ELIGIBILITY: When you first become enrolled in the Length of Service Awards Program. A) CURRENT MEMBERS: If you were active on the effective date and have: 1. Completed 3 years of emergency service, and 2. Attained age 18, and B) NEW' MEMBERS: You are eligible to participate in the plan on the Anniversary date if you have: 1. Completed 3 years of emergency service, and 2. Attained age 18, and 3. Not attained age 55. C) No member entering the plan may be disabled. 3) ANNIVERSARY DATE: JANUARY 1—. This is the date selected by the sponsor on which qualification for participation is determined for all members on a yearly basis. ANNIVERSARY DATE OF LIFE INSURANCE: SEPTEMBER 1 4) ENTITLEMENT DATE: This is the date on which your monthly benefit will begin. A) Attainment of age 55 or B) Completion of 1 year of plan participation, whichever is later. C) No monthly benefits will be released until the plan has been in effect for 3 years. 5) MONTHLY BENEFIT: At entitlement age, you are entitled to receive monthly income for life. ATTACHMENT B 6) BENEFIT FORMULA: You will earn your retirement benefit as follows: A) $10.00 per month at your entitlement age for each year of credited past service up to a total of 10 years completed before the effective date of the plan. (service prior to 1/1/89 and excluding service before 1/1/79.) B) $10.00 per month at your entitlement age for each year of credited future service. (service after 1/1/89) C) Maximum credit for years of total service is 20. D) Maximum monthly benefit at your entitlement age is $200.00. E) Minimum monthly benefit is $50.00 if a member remains active until the entitlement age. The minimum does not apply to members terminating before the entitlement age. 7) CREDITED SERVICE: Benefits accrue, or are earned, for each year of credited service in accordance with the point system Roanoke County, VA adopted or the existing method currently utilized in determining active membership status. Active service before the effective date is included in determining your years of service. 8) PROJECTED MONTHLY BENEFIT: This is the maximum monthly benefit that you could earn if you remain active with the organization each year until your •entitlement age. This maximum could be raised in the future by the plan sponsor subject to an actuarial review. This review would illustrate the funding requirements and actuarial soundness of the proposed changes. EXAMPLES A) If you have 5 years of past service and you can earn 25 years of service after the effective date of the plan, under the benefit formula, 5 years of past service, times $10.00 per year equals $50.00. Additionally, 25 years of future service times $10.00 per year equals $250.00. When these two amounts are added together the sum is $300.00. Because the benefit formula provides for a maximum benefit of $200.00 the projected benefit payable at entitlement age would be $200.00 per month. B) If you have 2 years of past service and you can earn 18 years of service after the effective date of the plan, using the same formula, the past service credit will be $20.00 ($10.00 per year times 2 years). The future service credit will be $180.00 ($10.00 per year times 18 years). The sum of the two ($20.00 plus $180.00) equals $200.00 which is your projected monthly benefit. ATTACHMENT B 9) BENEFIT ACCRUAL: The accrued benefit is your benefit actually -earned as of the latest anniversary date. A portion of the projected monthly benefit is earned for each year of credited service. EXAMPLES A) You have 5 years of past service and you have earned 5 years of service after the effective date of the Plan. Under the benefit formula, 5 years of past service, times $10.00 per year equals $50.00. Additionally, 5 years of future service times $10.00 per year equals $50.00. When these two amounts are added together the sum is $100.00. This is your present accrued benefit. B) You have 2 years of past service and you have earned 3 years of service after the effective date of the Plan. Using the same formula, the past service credit will be $20.00 ($10.00 per year times 2 years). The future service credit will be $30.00 ($10.00 per year times 3 years). The sum of the two ($20.00 plus $30.00)equals $50.00. This is your present accrued benefit. C) You have 0 years of past service and you have earned 3 years of service after the effective date of the plan. Under the benefit formula, you have 3 years of total service at $10.00 per year. Your accrued or earned benefit to date is $30.00. 10) VESTING: This is ownership in, or a non -forfeitable right to benefits earned or accrued. It is based on years of credited service (not years of plan participation). . A) Termination of active service due to disability while an active participant in the plan entitles you to 100% of your accrued (earned) benefit payable in a lump sum amount (refer to Section 11, Disability Benefit for a complete description). B) Termination of active service due to reaching the entitlement age entitles you to 100% of your accrued (earned) benefit payable the first month after you attain the entitlement age as monthly income for life (refer to Section 5, Monthly Benefit for a complete description). C) Termination due to death while you are an active participant in the plan entitles your survivors to the pre -retirement death benefit. (Refer to Section 12, Pre -Retirement Death Benefit, for a complete description.) D) Termination for any reason (other than disability, entitlement age, or death) may still entitle you to ownership in a portion of your accrued (earned) benefit. (Refer to Example B under Vesting.) ATTACHMENT B If you have years of service before the effective date, you may already be partially or fully vested. Because of the high turnover within the fire service during members' early years, no benefits are payable to any member who leaves with less than 5 years of service. Since the purpose of this plan is to provide an incentive for continuous service, vesting begins after 5 years and increases based on the following schedule: YEARS OF SERVICE <5 5 6 7 8 9 10 VESTED % 0 50 60 70 80 90 100 EXAMPLES: A) Using example A from the previous section on Benefit Accrual, we determine that your accrued benefit is $100.00 and you have 10 years of service. In referring to the preceding schedule, 10 or more years of service entitles you to 100% vesting. Therefore, if you terminate membership at this time, the amount of monthly benefit payable at your entitlement age would be 100% which equals $100.00. B) Using example B from the previous section on Benefit Accrual, we determine that your accrued benefit is $50.00 and you have 5 years of service. In referring to the vesting schedule, 5 years of service entitles you to 50% vesting. Therefore, if you terminate membership at this time, the amount of monthly benefit payable at your entitlement age would be 50% of your accrued benefit which equals $25.00. C) Using example C from the previous section on Benefit Accrual, we determine that your accrued benefit is $30.00 and you have 3 years of service. In referring to the vesting schedule, 3 years of service entitles you to 0% vesting. Therefore, you are not vested. If you terminate membership at this time, no benefits are payable. 11) DISABILITY BENEFIT: In the event you become totally and permanently disabled from any cause prior to retirement while an active participant and are certified so by Social Security, you will receive an immediate payment from the plan in an amount equal to the present value of your accrued benefit. This amount would be the lump sum deposit needed today to provide your accrued benefit at your entitlement age. In addition, if you are under age 56 at the time of your disability, the plan will maintain the life insurance benefit. In the event you are not covered by Social Security but are completely disabled, the insurance carrier will make the determination. Total disability is defined as the inability to perform the duties of any occupation for which you are qualified by reason of your training, education or prior work experience. R` ATTACHMENT B 12) PRE -RETIREMENT DEATH BENEFIT: Prior to entitlement age, you will be covered 24 hours a day by a life insurance policy; benefits are payable for loss of life from any cause, whether in the line of duty or not. Standard policy provisions apply: A) Mistake In Age - If your age is mistated, the amount of the death benefit will be what the premium paid would buy at your true age. B) Suicide - If you commit suicide within two years of the effective date, the death benefit will equal premiums paid plus interest at 4%. C) The amount of the pre -retirement death benefit for each participant is $5,000. D) If you are age 49 or under at the time of entry into the plan, you are provided coverage through an interest sensitive permanent life insurance product. This concept is utilized because of the level cost, competitive cash value accumulation, and the flexibility of product design. At termination of membership for any reason, including attainment of entitlement age, the following options are available. 1) If you are fully or partially vested at termination: a) Your policy can be cancelled and the cash value, if any, used to provide a portion of your monthly benefit; b) The cash value, if any, can be borrowed by the sponsor and used to provide a portion of your monthly benefits and the Policy given to you. In this case, you would continue paying the premiums plus interest on the loan. The death benefit would be the original face amount minus the amount borrowed. 1) If you are not vested at termination: a) Your policy can be cancelled and the cash value, if any, would remain with the plan assets; b) The cash value, if any, can be borrowed by the sponsor and added to the plan assets, and the policy given to you. Again, in this case, you would continue paying the premiums plus interest on the loan. The death benefit would be the original face amount minus the amount borrowed. E) If you are age 50 or over at the time of entry into the plan, you are covered by yearly renewable term insurance, a more cost-effective method of providing insurance for a participant within a few years of the entitlement age. However, this cost will increase each year until the coverage terminates at your entitlement age. ATTACHMENT B F) If you are age 64 or under at the time of entry into the plan, you are provided a Guarantee Issue Life Insurance Policy. This means You will not have to provide any medical information as you are entitled to the life insurance benefit whatever your state of health. G) If you are age 65 or over at the time of entry into the plan, you will be required to provide medical information to be considered for the life insurance benefit. 13) TAXATION• A) It is the opinion of our legal counsel that there will be no additional tax consequences to you on the money put away on your behalf until such time as you attain the entitlement age and begin to receive your monthly income. At that time, the monthly payments will be treated as ordinary income by the IRS. ACTIO.'r ;TO. A-012396-2 ITEM NUMBER �( AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 1996 AGENDA ITEM: Request to Amend the General Relief Plan of the Roanoke County Department of Social Services COUNTY ADMINISTRATOR'S COMMENTS: This is a curious request from the State. It maybe the prelude for the shifting of responsibilities to localities. We need to adopt the proposed amendment to maintain state responsibility. BACKGROUND: General Relief is a public assistance program, administered by the Department of Social Services, which provides emergency and non- emergency assistance to qualified persons. One time, in a six month period, emergency, short-term assistance can be provided when the customer has had a change in financial circumstances through no fault of their own. They may be eligible for up to $200 rent/mortgage assistance and up to $50 assistance with a utility cut-off bill. One time in a twelve month period, a qualified person may receive up to $200 medical assistance (visits and prescriptions) and $100 emergency SSI assistance. Non -emergency maintenance money is available to a person who has a medical statement indicating the inability to work for at least a three month period and, also, an application must be placed for SSI. A qualified person can receive up to $200 per month medical assistance and $157 per month maintenance assistance (no maximum at this time). Our FY 95-96 budget for General Relief is $190,000 (63% state/37% local). Expenditures through December 1995 were $58,823.84. The General Relief Program has assisted 245 individuals in the non -emergency component (monthly average 30-35) and 267 individuals in the emergency component from July 1, 1995 through December 31, 1995. We have the ability to amend our General Relief plan to include a revision that "When the locality has used all the state -local funds, the General Relief program will cease and will not continue using local only funds, and the program will be reinstated when state -local funds become available". If the revision is not made to the plan, the locality could be legally required to continue the program using 100% local only funds, after state -local funds are depleted. Although the proposed State Budget includes language to reduce the level of benefits under the General Relief Program, this change is recommended tc protect the current as well as future budget implications to the County. FISCAL IMPACT• Unless the Seneral Relief Policy of the Roanoke County Department of Social Services is amended, the County will be responsible for all expenditures above the $190,000 State/Local budget currently in place. By approving the proposed amendment to the plan, once the State/Local monies have teen expended, the benefits would cease until additional State/Local monies are provided. ALTERNATIVES• 1. Amend the General Relief plan of the Roanoke County Department of Social Services to include the statement "When the locality has used all the state -local funds, the General Relief program will cease and will not continue using lccal only funds, and the program will be reinstated when state -local funds become available-, thus maintaining the current local match at 37%. 2. Do not amend the General Relief plan and the Board must approve 100% local funds once the state -local funds are depleted. STAFF RECOMMENDATION: Staff recommends alternative one. Respectfully submitted, Appro)/aed by /rJ�4 'y / 1cGa•w "� ZCO xW Bet y R. McCr"ry, Ph.D. Elmer C. Hodge Director of Social Services County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Motion by H. Odell No Yes Abs Denied ( ) Minnix to approve Alternative Eddy x Received ( ) #1 - Amendments to Plan Harrison x Referred ( ) Johnson x To ( ) Minnix x Nickens x cc: File Dr. Betty R. McCrary, Director, Social Services John M. Chambliss, Jr., Assistant County Administrator K AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 23, 1996 RESOLUTION 012396-3 SUPPORTING THE SUBMISSION OF AN ISTEA TRANSPORTATION ENHANCEMENT GRANT APPLICATION OF THE VIRGINIA RECREATIONAL FACILITIES AUTHORITY FOR THE BRUGH TAVERN PROJECT AT VIRGINIA'S EXPLORE PARR IN ROANOKE COUNTY WHEREAS the Virginia Recreational Facilities Authority (VRFA) currently is involved in a project to move, renovate, and adaptively reuse the historic Brugh Tavern at Virginia's Explore Park, to the benefit of the citizens of Roanoke County and western Virginia both through the preservat-on and interpretation of our heritage and the further development of our tourist industry; and WHEREAS the VRFA already has obtained $1,000,000 in private funding to begin this project; and WHEREAS the VRFA is seeking Virginia Department of Transportation funding through the Intermodal Surface Transportation Efficiency Act (ISTEA) for the sum of $436,669 to complete this project, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That the Board of Supervisors endorses and supports both the Brugh Tavern project and the request of the VRFA for Virginia Department of Transportation funding, and 2. That the Clerk to the Board is directed to forward an attested copy of this resolution -o the Virginia Recreational Facilities Authority. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, :sickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Joyce Waugh, Economic Development Specialist] Virginia Recreational Facilities Authority F AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 23, 1996 RESOLUTION 012396-4 REQUESTING THE VIRGINIA GENERAL ASSEMBLY TO ADOPT AN ACT SPECIFICALLY AUTHORIZING THE CREATION OF A SMALL CLAIMS COURT FOR THE COUNTY OF ROANOKE WHEREAS, the Virginia General Assembly in 1988 enacted Section 16.1-122.1 of the Code of Virginia, which provides the mechanism for the creation of a Small Claims Court within the General District Court in jurisdictions with large populations; and WHEREAS, the aforementioned statute has been amended several times by the General Assembly, to the end that it now allows for the creation of a Small Claims Court in any jurisdiction with a General District Court; and WHEREAS, Small Claims Courts already in operation in other jurisdictions throughout the Commonwealth have proven to provide an efficient, swift, and economical means of affording adjudica tion of claims to all citizens; and WHEREAS, there shall be no cost to local taxpayers for the creation of a Small Claims Court for the County of Roanoke. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that pursuant to Section 16.1-122.1 of the Code of Virginia, as amended, the County of Roanoke hereby formally requests and petitions the Virginia General Assembly to adopt an act specifically authorizing the creation of a Small Claims Court for the County of Roanoke. The County Clerk shall forward a copy 1 2 of this resolution forthwith to all General Assembly members representing the County of Roanoke. This Resolution shall be deemed an emergency measure and shall be effective upon passage. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney Francis W. Burkart, III, Commonwealth Attorney The Honorable John S. Edwards The Honorable Malfourd W. "Bo" Trumbo The Honorable H. Morgan Griffith The Honorable C. Richard Cranwell The Honorable Clifton A. Woodrum The Honorable A. Victor Thomas The Honorable James H. Dillard The Honorable Roy B. Willett, Judge, Circuit Court The Honorable Julian H. Raney, Jr., Judge, Gen District QWt The Honorable John L. Apostolou, Judge, Gen District Court 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 23, 1996 ORDINANCE 012396-5 AUTHORIZING THE ACQUISITION OF CERTAIN INTEREST IN REAL ESTATE FOR A WELL LOT IN BROOKWOOD SUBDIVISION WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of a well lot (Tax Map No. 86.03-3-16) located off Woodbrook Drive, between Lots 12 and 13 in the Brookwood Subdivision, said lot having been acquired by deed dated October 12, 1976, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1055, page 232, and being shown upon the °Map of Brookwood" recorded as aforesaid in Plat Book 7, page 77; and WHEREAS, an additional section of land is necessary to comply with the fifty -foot radius requirements of the State Board of Health for a public water source; and WHEREAS, the section of land to be acquired from Michael H. Frank is a portion of Tax Map No. 86.03-4-12, being a small triangular parcel consisting of 123 square feet, and the second section of land to be acquired from Marie S. Harrison is a portion of Tax Map No. 86.03-4-14 and consists of 1,512 square feet; and WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning this acquisition and conveyance of real estate was held on January 9, 1996, and a second reading was held on January 23, 1996. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 1. That the acquisition and acceptance of the required section of property, to comply with the fifty -foot radius requirement for the well lot (Tax Map No. 86.03-3-16) located off Woodbrook Drive in the Brookwood Subdivision, from Michael H. Frank and Marie S. Harrison, is hereby authorized. 2. That the consideration for the acquisition of these interests in real estate shall be as follows: $400 to be paid to Michael H. Frank; and $2,100 to be paid to Marie S. Harrison. 3. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this transaction, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Eddy to adopt the ordinance with consideration for the acquisition in the amount of $400 to be paid to Michael H. Frank and $2,100 to Marie S. Harrison, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance Gary Robertson, Director, Utility 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 23, 1996 RESOLUTION 012396-6 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 January 23, 1996, 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 5, inclusive, as follows: 1. Approval of Minutes - October 24, 1995, November 21, 1995, November 28, 1995. 2. Confirmation of Committee Appointments to the Blue Ridge Community Services Board of Directors. 3. Confirmation of Board Appointments to the Urban Partnership and Roanoke County Cable TV Committee. 4. Request for approval of a 50/50 Raffle Permit for the Women of the Moose, Vinton Chapter #1551. 5. Request for approval of a Raffle Permit for Planned Parenthood of the Blue Ridge, Inc. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None 1 A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File A -012396-6.a ACTION NO. ITEM NUMBER /—= AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 1996 AGENDA ITEM: Confirmation of Committee Appointments to the Blue Ridge Community Services Board of Directors COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nominations were made at the January 9, 1996 meeting. 1. Blue Ridge Community Services Board Supervisor Minnix nominated J. William Pistner to another three year term which will expire December 31, 1998. RECOMMENDATION• It is recommended that this appointment be confirmed by the Board of Supervisors. Respectfully submitted, Mary H. Allen, CMC Clerk to the Board Approved by, �o Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Motion by Bob L. No Yes Abs Denied ( ) Johnson Eddy x Received ( ) Harrison x Referred ( ) Johnson x To ( ) Minnix x Nickens x cc: File Blue Ridge Community Services Board File A -012396-6.b ACTION NO. ITEM NUMBER /— AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM• January 23, 1996 Confirmation of Additional Appointments of the Board of Supervisors to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At the January 9 Board of Supervisors meeting, the Board approved appointments of individual supervisors to several committees for the 1996 calendar year. There are several additional appointments that need to be made. These committees were established during 1995 and were not included in the annual report. Urban Partnershi The chief elected official serves on this Board in addition to the chief appointed official and two individuals from the business community. Therefore, 1996 Board Chairman Bob Johnson should be appointed to replace the 1995 Board Chairman Minnix. Chairman Johnson has indicated his willingness to serve on the Urban Partnership. Roanoke County Cable TV Committee This committee is responsible for oversight and advice on the operations of Salem Cable TV which provides cable television to the Catawba area of Roanoke County. The committee consists of the same individuals serving on the Roanoke Valley Cable TV Committee and the addition of a representative from the Catawba Magisterial District. Former Supervisor Ed Kohinke served in this capacity. Supervisor Harrison has indicated his willingness to represent the Catawba Magisterial District on this committee. STAFF RECOMMENDATION: It is recommended that Chairman Bob Johnson be appointed to the Urban Partnership and that Supervisor Fenton Harrison be appointed A /-3 to the Roanoke County Cable TV Committee for 1996. It is further recommended that these appointments be added to the annual Board of Supervisors appointments made in January of each year. Submitted by: Approved by: Mary H. Allen, CMC Elmer C. Hodg Clerk to the Board County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Motion by Bob L. No Yes Abs Denied ( ) Johnson Eddy x Received ( ) Harrison x Referred ( ) Johnson x To ( ) Minnix x Nickens x cc: File Urban Partnership File Roanoke County Cable TV Committee File 61 A -012396-6.c ACTION NO. ITEM NUMBER I -- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 1996 AGENDA ITEM: Request for Approval of a 50/50 Raffle Permit from the Women of the Moose, Vinton Chapter #1551, for Calendar Year 1996, effective through June 30, 1996 COUNTY ADMINISTRATOR'S COMMENTS.• SUMMARY OF INFORMATION: The Women of the Moose, Vinton Chapter #1551, have requested a permit to hold 50/50 Raffles in Roanoke. County for the calendar year 1996 on the dates listed in the application. This application has been reviewed with the Commissioner of Revenue and he recommends that it be approved. The application is on file in the Clerk's Office. The organization has paid the $25.00 fee. The Women of the Moose, Vinton Chapter #1551, have been advised that this raffle permit will be effective only through June 30 1996, since the General Assembly repealed legislation effective July 1, 1996, which granted authority for the County's current ordinance regulating bingo and raffles. STAFF RECOMMENDATION: It is recommended that the application for a 50/50 Raffle Permit from the Women of the Moose, Vinton Chapter #1551, for the calendar year 1996, effective through June 30, 1996, be approved. SUBMITTED BY: APPROVED BY: ZLMary H. Allen Elmer C. Hodge Clerk to the Board CountvAdministrator --------------------------------------------------------------- Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Motion by Bob L. Johnson cc: File Bingo/Raffle File VOTE No Yes Abs Eddy x Harrison x Johnson x Minnix x Nickens x RAFFLE PERMIT APPLICATION _ Application is hereby made for a raffle game permit. This application is made subject to all County and State laws, rules, ordinances, and regulations now in force, or that may be enacted hereafter and which are hereby agreed to by the undersigned applicant and officers of the organization and which shall be deemed a condition under which this permit is issued. Raffle games are strictly regulated by Title 18.2-340.1 et. sect, of the criminal statutes of the Virginia Code, and by Section 4-86 et. sea, of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investigation prior to granting a raffle permit. The Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with county and state law. Name of Organization rn'gY'i '; rn ) j Mailing Address P'0- �p� ;Zp -', City, State, Zip Code N 1-b rf a 1 1 When was the organization founded? 1 Cj Purpose and Type of Organization Has the organization beenexistence in Roanoke County for five continuous years? YES 4,W NO Is the organization non-profit? YES NO Is the organization exempt under 5501(c)(3) of the Internal Revenue Code? YES NO Attach copy of IRS Tax Exemption Letter. (If applicable) Does your organization understand that any organization found in violation of the County Bingo and Raffle Ordinance or Section 18.2- 340.10 at. sect. of the Code of Virginia authorizing this permit is subject to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above referenced Codes may be guilty of a felony? ;ter 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? COUNTY OF ROANOKE9 VIRGINIA P.O. BOX 20409 COMMSSIONER OF THE REVENUE ROANOKE, VA 24018 1 Does your organization understand that it is a violation of law to ` enter into a contract with any person or firm, association, organization (other than another qualified organisation pursuant to S 18.2-340.13 of the Code of Virginia), partnership, or corporation of any classification whatsoever, for the purpose of organising, ; managing, or conducting Raffles 7 r.. - DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES: , list below all Specific location where Raffle drawing is to be conducted? : This permit shall valid only for the above location. Any organization holding a permit to conduct bingo games or raffles shall use twelve and one -halt 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. - 4 i/Cer _::)06/ C -41 /V N (,s n5 /&i�c s Xma s &Ske f5 9c—4n1;heS I h �-� PLl171y LOrr�mun"-�j COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COM MSSIONER OF THE REVENUE ROANOKE, VA 24018 2 Article Description Fair Market Value ell %,, „ bATE OF RAFFLE If this application is for an ANNUAL RAFFLE PERMIT, dates raffles will be held. , list below all Specific location where Raffle drawing is to be conducted? : This permit shall valid only for the above location. Any organization holding a permit to conduct bingo games or raffles shall use twelve and one -halt 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. - 4 i/Cer _::)06/ C -41 /V N (,s n5 /&i�c s Xma s &Ske f5 9c—4n1;heS I h �-� PLl171y LOrr�mun"-�j COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COM MSSIONER OF THE REVENUE ROANOKE, VA 24018 2 Officers of the organization: President: �n P�� ,n, .� J Phone: Address: L -y Phone Vice President: - �"' : ` l Address '� (Al etar)' A I- (U� Phone: -3 W, 1 �7 Address: 3 q � 9, ! -e 11,e Treasurer: Address: U 11 a Phone: Member authorized to be responsible for Raffle operations: � i Name: r � CC 1, ii - ;� n / Home Address �� C h C C �l c i Phone //C ..'���� Bus Phone Member responsible for filing financial report required by the code if your organization ceases to exist: Name: 9&e1VQ,4 Home Address�rYd Phone Bus Phone Does your organization understand that it will be required to furnish a complete list of its membership upon the request of the Commissioner of the Revenue? Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke? -4 IF ALL QUESTIONS HAVE BEEN ANSWERED, PROCEED TO NOTARIZATION. COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COMAUSSIONER OF THE REVENUE ROANOKE, VA 24018 3 NOTARIZATION THE FOLLOWING OATH HURT 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 Seo. 18.2-340.1 at sec• of the Code of Virginia and Section 4-66 at._ sec• of the Roanoke County Code. Signed by: Name Title Home Address Subscribed and sworn before me, this //-) day of 19J& in the County/City of Q')-)'fz& , Virginia. Hy commission expires:/�/ 1-9W,Notary ubl a 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. 14, Date 'Commissio I er of the R venue ty The above application is not approved. Date Commissioner of the Revenue COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 CON NUSSIONER OF THE REVENUE ROANOKE, VA 24018 4 A -012396-6.d ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 1996 AGENDA ITEM: Request for Approval of a Raffle Permit from Planned Parenthood of the Blue Ridge, Inc. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION• Planned Parenthood of the Blue Ridge, Inc. has requested a permit to hold a raffle in Roanoke County on March 24, 1996. The 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 Planned Parenthood of the Blue Ridge, Inc. be approved. SUBMITTED BY: m,: � Z- �-, � V. Mary H. Allen Clerk to the Board APPROVED BY: AElmerr. Hodge County Administrator -------------------------------------------- ACTION VOTE Approved (x) Motion by: Motion by -Bob L. No Yes Abs Denied ( ) Johnson Eddy x Received ( ) Harrison x Referred ( ) Johnson 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 Planned Parenthood of the Blue Ridge, Inc. Hailing Address 2708 Liberty Road, NW City, state, zip code Roanoke, VA 24012 When was the organization founded? 19;5 Purpose and Type of Organization Reproductive Health Care, Education and Advocacy 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 S5o1(c)(3) of the Internal Revenue Code? YESNO 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 organisation 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 Revenua? vPQ COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COMMUSSIONER OF THE REVENUE ROANOKE, VA 24018 U 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 5 18.2-340.13 of the Code of Virginia), partnership, or corporation of any classification whatsoever, for the purpose of organising, managing, or conducting Raffles ? Yes DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES: Article Description 12 Months of Dining Fair Market Value $600.00 DATE OF RAFFLE March 24, 1996 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? Hollins College - MoodX Center - Roanoke, VA NOTE: This permit shall be valid only for the above location. Any organisation 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 organised. (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. Proceeds from this event support Planned Parenthood's community education and public affairs programs. COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COMMISSIONER OF THE REVENUE ROANOKE, VA 24018 2 r Officers of the organizatic-m: // President: Kathryn B. Havnie Phone: 362-3968 G-- Address: 2708 Libertv Road Roanoke VA 24012 Vice President: Mary DeCourcv Phone: 362-3968 Address: 2708 Tiharty Road Roanoke! VA 2012 Secretary: Phone: Address: Treasurer: Address: Phone: Member authorized to be responsible for Raffle operations: Name: Mary DeCourcv Home Address Route 1. Box 417 - Lexington, VA 24450 Phone 540-4_ -hh723 Bus Phone _540-362-3968 Member responsible for filing financial report required by the code if your organization ceases to exist: Name: Mary DeCourcy Home Address Same as above Phone Bus Phone Does your organization understand that it will be required to furnish a complete list of its membership upon the request of the Commissioner of the Revenue? Yes Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke? YPS IF ALL QUESTIONS HAVE BEEN ANSWERED, PROCEED TO NOTARIZATION. COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COAIAMSIONER OF THE REVENUE ROANOKE, VA 24018 3 NOTARIZATION j THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS: L 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 Ott 39a. of the Code of Virginia and section 4-66 4t seg. of the Roanoke County Code. Signed by: l tie oris ill. tox �f �� �1x�n� inn, VA Rome Address ' -4 -n Subscribed and swo n before me, this % 7 /� day of J�� 19 /� in the County/City of , Virginia. My commission expires: 19 lk- / No Ary 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. tf-- / - �L Date Commis i ner of th Revenue The above application is not approved. Date Commissioner of the Revenue COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409 COMMISSIONER OF TBE 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 JANUARY 23, 1996 RESOLUTION 012396-7 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, "that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Executive Session AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 23, 1996 ORDINANCE 012396-8 VACATING AND CLOSING A SECTION OF 50 FOOT UNIMPROVED RIGHT-OF-WAY REFERRED TO AS GRANVILLE STREET LOCATED BETWEEN THE INTERSECTIONS OF NORTHWAY DRIVE (ROUTE 1820) AND CHESTER DRIVE (ROUTE 1857) FOR APPROXIMATELY 400 FEET IN LENGTH, AS RECORDED IN PLAT BOOK 3, PAGE 20, AND LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, Stanley Birckhead, the petitioner, is the owner of Lots 2, 3, 4, and 5, Block 11, Map of North Hills, as shown on that certain plat of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 4, Page 63; and, WHEREAS, said lots are adjacent to an unimproved section of Granville Street between Northway Drive and Chester Drive as shown on said plat; and; WHEREAS, the petitioner has requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close the section of unimproved right-of-way referred to as Granville Street located between the intersections of Northway Drive (Route 1820) and Chester Drive (Route 1856), measuring fifty feet (501) in width and approximately four hundred feet (4001) in length, said right of way having been created and shown on the Map of North Hills recorded as aforesaid in Plat Book 3, Page 20; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on January 9, 1996; and the public hearing and second reading of this ordinance was held on January 23, 1996. BE IT ORDAINED by the Board of 'Supervisors of Roanoke County, Virginia, as follows: 1. That an unimproved section of right-of-way, situate in the Hollins Magisterial District and referred to as Granville Street, being 50 feet in width and extending approximately 400 feet in length, located between the intersections of Northway Drive (Route 1820) and Chester Drive (Route 1856) for approximately 400 feet in length, as shown on the Map of North Hills recorded in the aforesaid Clerk's Office in Plat Book 3, Page 20, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended, subject to the following conditions: a. That all costs and expenses associated herewith, including but not limited to, publication costs, survey costs and recordation of documents, shall be the responsibility of the petitioner; and, b. That the entire area of the 50 -foot right-of-way, extending approximately 400 feet in length from Chester Drive to Northway Drive, is hereby reserved and retained as a public utility easement, together with the right to provide maintenance to any existing public utility facilities located within the vacated area, and together with the right of ingress and egress thereto from a public road; and, C. That the vacated area of land shall be added and combined, by deed or by plat, to the adjoining properties as provided by law and petitioner shall comply with the Roanoke County Subdivision Ordinance, the Roanoke County Zoning Ordinance, and other applicable laws, regulations and requirements, including . recordation of the necessary documents, in connection with this vacation or any subsequent subdivision of the property. P 2. That the Department of Engineering and Inspections shall record a certified copy of this ordinance with the Clerk of the Circuit Court of Roanoke County, Virginia, and the recordation costs shall be payable by the petitioners. 3. That this ordinance shall be effective on and from the date of its adoption. 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 Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor Eddy A COPY TESTE: x Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Arnold Covey, Director, Engineering & Inspections Terry.Harrington, Director, Planning & Zoning John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 3 ti r ��M O ,z • ` � K i�� �P`j VICINITY MAP 0.29'00" S 21'02'00" E CHESTER DR. 190.44' 137.30' IN • 248.99' w LOT 5 j LOT 11 i TAX MAP N0. TAX MAP N01 LOT 4 TAX MAP NO. 27.14-3-3 NORTH O 27.14-6-1 50' RIGHT-OF-WAY TO BE .VACATED (0.45 AC.) TO BE RETAINED AS A P . U. E LOT 3 ^ TAX MAP NO. f 27.14-3-9 �p 90, W N 20'29'00" W LOT 10 TAX MAP NO. �p 27.14-6-1 !N'202'9'00" W 5 NORTHWAY DR. ROANOKE COUNTY 30 FOOT UNIMPROVED RIGHT—OF—WAY REFERRED TO AS ENGINEERING do GRANVILLE STREET RECORDED PLAT BOOK 3, PAGE 20, IN.S'P.EMONS DEPARTMENT HOLLINS MAGISTERIAL DISTRICT. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JANUARY 23, 1996 ORDINANCE 012396-9 TO CHANGE THE ZONING CLASSIFICATION OF A .7 -ACRE TRACT OF REAL ESTATE LOCATED AT THE INTERSECTION OF WILLIAMSON ROAD AND COMMANDER DRIVE (TAX MAP NOS. 38.06-6-41 38.06-6-5, 38.06-6-6.1) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-3 TO THE ZONING CLASSIFICATION OF C-2 UPON THE APPLICATION OF THE ROANOKE COUNTY PLANNING COMMISSION WHEREAS, the first reading of this ordinance was held on December 12, 1995, and the second reading and public hearing were held January 23, 1996; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on January 4, 1996; 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 .7 acre, as described herein, and located at the intersection of Williamson Road and Commander Drive, Tax Map Numbers 38.06-6-4, 38.06-6-5, 38.06-6-6.1) in the Hollins Magisterial District, is hereby changed from the zoning classification of R-3, Medium Density Multi -Family Residential District, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of the Roanoke County Planning Commission. 1 3. That said real estate is more fully described as follows: TRACT 4 - 0.1722 ACRE - 38.06-6-4 Beginning at an iron pin in the western right-of-way of U.S. Route it (Williamson Road) being the southeast corner of Tract 3.1, thence with the said right-of-way S. 11 deg. 581 52" E. 68.53 feet to the northeast corner of Tract 5; thence leaving said right-of-way and with line of Tract 5, S. 32 deg. 38' 00" W. 138.25 feet to a point in the easterly right-of-way of Commander Drive; thence with said right-of-way N. 41 deg. 38' 30" W. 50.00 feet to the southwest corner of Tract 6; thence with lines of Tracts 6 and 3.1 N. 32 deg. 38' 00" E. 173.48 feet to the Beginning. TRACT 5 - 0.294 ACRE - 38.06-6-5 Beginning at an iron pin in the westerly right-of-way of U. S. Route 11 (Williamson Road) being the southeast corner of Tract 4, thence with said right-of-way S. 11 deg. 58' 30" E. 231.06 feet to point at intersection of U. S. Route 11 and Commander Drive; thence with a curve to the right, chord bearing S 63 deg. 09' 31" W. 19.35 feet, an arc of 26.32 feet and a radius of 10.00 feet; thence with the easterly right-of-way of Commander Drive N. 41 deg. 38' 30" W. 158.36 feet to an iron pin with the line of Tract 4 N. 32 deg. 38' 00" E. 138.25 feet to the Beginning. TRACT 6.1 - 0.2775 ACRE - 38.06-6-6.1 Beginning at an iron pin in the easterly right-of-way of Commander Drive and being the northwest corner of Tract 4, thence with said right-of-way N. 41 deg. 38' 30" W. 141.77 feet to an iron pin; thence leaving said right-of-way N. 56 deg. 06' 38" E. 100.92 feet to an iron pin in the line of Tract 3.1; thence with a line of Tract 3.1 S. 41 deg. 38' 30" E. 100.00 feet to an iron pin in the line of Tract 4; thence with a line of Tract 4 S. 32 deg. 38' 00" W. 103.89 feet to the Beginning. 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 !directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and 2 carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson 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 \ - cormAMA vFq IL _ N v -of T,rjLUF R.L?Ge � vF.WCRmf L - I NORTH to 1 ) \ ` • I I` :1120 971 _ a \cJ2 •10 co�, , L• t Q :. rJ �O /e • � O • 17 � 3 10 14 � o 1516 � •w o IV 6t9 76 )Z • 2 . II '.• . . .. o� • I t�,s b � ,��- bo �� ._.._ ',L ..rte j '6J• 2 4 4 o f.o C6 21` \7 �• •A v. a ,f• Sf lZ I n��zt�vr OF PIANi`(IT2G ROANOKE COUNTY PLANNING COMM I SS I BED LOCKS AND ZOtVIIaG R-3 TO C-2 38.06-6-4, -5, 6.1