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HomeMy WebLinkAbout4/28/1992 - Adopted Board Records0 ACTION NO. A -41492-11.e 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: April 28, 1992 AGENDA ITEM: Request for approval of a Raffle Permit from the Cave Spring American Baseball League, Inc. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION• The Cave Spring American Baseball League, Inc. has requested a permit to hold a raffle in Roanoke County on May 30, 1992. 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 from the Cave Spring American Baseball League, Inc. for a Raffle Permit be approved. SUBMITTED BY: Mary H. Xllen Clerk to the Board APPROVED BY: (2, Elmer C. Hodge County Administrat r -------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bob L. Johnson No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Bingo/Raffle File COUNTY OF ROANOKE, VIRGINIA COMMISSIONER OF THE REVENUE APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO Application is hereby made for a bingo game or raffle permit. This application is made subject to all County and State laws, ordinances, rules, and regulations now in force, or that may be enacted hereafter and which are hereby agreed to by the under- signed applicant and which shall be deemed a condition under which this permit is issued. All applicants should exercise extreme care to ensure the accura- cy of their responses to the following questions. Bingo games and raffles are strictly regulated by Title 18.2-340.1 et. sea. of the criminal statutes of the Virginia Code, and by Section 4-86 et. seg. of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investiga- tion prior to granting a bingo or raffle permit. The Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with county and state law. Any person' violating county or state regulations concerning these permits shall be guilty of a Class 1 misdemeanor. Any person who uses any part of the gross receipts from bingo or raffles for any purpose other than the lawful religious, charitable, community, or educational purposes for which the organization is specifi- cally organized, except for reasonable operating expenses, shall be guilty of a Class 6 felony. THIS APPLICATION IS FOR: (check one) RAFFLE PERMIT BINGO GAMES Name of Organization At-weloi 405�Z�44 � /yc. Street Address Mailing Address P D• &)( 3,0 L/86 City, State, Zip Code 7Co.4WoK;,-_, blx Purpose and Type of Organization /corrD TZ ?ia ✓c -1G A4,11A Xvywj vi11i l/zy nezySG.4/Jr� f marl nom. /NS xve_ao, ' G�.G � /t. Airll o/ipr/ts1/„/TIG j AW SGL When was the organization founded? /cf�'7 J> �o,.rannb,.J 1 F3 Roanoke County meeting place? ///O) / L1,444,y Has organization been in existence in Roanoke County for two con- tinuous years? YES_Z NO Is the organization non-profit? YES_' NO Indicate Federal Identification Number # Attach copy of IRS Tax Exemption letter. Officers of the Organization: President: llnro Address: 317-3- /<' /�n &vr) ).O� l secretary: /,q,f,fty TG,4JC/ Address : `ic, 23--73131/3 Vice-President1 Address : n L,#11oit �2 Treasurer: Address: /Q/ >ou�a---c Member authorized to be responsible for Raffle or Bingo opera- tions: Name Home Address f�r� Phone Bus. Phone A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBER- SHIP MUST BE FURNISHED WITH THIS APPLICATION. Specific location where Raffle or Bingo Game is to be conducted. dAK- 6PV C- 6L0y6J7Af1,y - 6*>ot RAFFLES: Date of Drawings 4 3,:;, Z Time of Drawing %"so H . BINGO: Days of Week & Hours of Activity: Sunday Monday Tuesday Wednesday Thursday Friday Saturday From To From To From To From To From To From To. From To 2 State specifically how the proceeds from the Bingo/Raffle will be used. List in detail the planned or intended use of the proceeds. Use estimates amounts if necessary. 3 BINGO: Complete the following: Legal owner(s) of the building/(ahere BINGO is to be conducted: Name: Address: County Is the building State Zip d by a 501-C non-profit organization? Seating capacityfor each location: Parking spaces for each location: ALL RAFFLE AND BINGO APPLICANTS MUST ANSWER QUESTIONS 1 - 19 1. Gross receipts from all sources related to the operation of Bingo games or Instant Bingo by calendar quarter for prior calen- dar year period. BINGO INSTANT BINGO 2. Does your organization understand that it is a violation of law to enter into a contract with any person or firm, associa- tion, organization, partnership, or corporation of any classifica- tion whatsoever, for the purpose of organizing, managing, or con- ducting Bingo Games or Raffles? Ve S 3. Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Bingo games and Raffles, and that such reco ds are subject to audit by the Commissioner of the Revenue? 4. Does your organization understand that the Commissioner of the Revenue or his designee has the right to go upon the premises on which any organization is conducting a Bingo game or raffle, to perform unannounced audits, and to secure for audit all re- cords re uired to be maintained for Bingo games or raffles? 5 4 1st Quarter lst Quarter 2nd Quarter 2nd Quarter 3rd Quarter_ 3rd Quarter 4th Quarter 4th Quarter Total Total 2. Does your organization understand that it is a violation of law to enter into a contract with any person or firm, associa- tion, organization, partnership, or corporation of any classifica- tion whatsoever, for the purpose of organizing, managing, or con- ducting Bingo Games or Raffles? Ve S 3. Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Bingo games and Raffles, and that such reco ds are subject to audit by the Commissioner of the Revenue? 4. Does your organization understand that the Commissioner of the Revenue or his designee has the right to go upon the premises on which any organization is conducting a Bingo game or raffle, to perform unannounced audits, and to secure for audit all re- cords re uired to be maintained for Bingo games or raffles? 5 4 5. Does your organization understand that a Financial Report must be filed with the Commissioner of the Revenue on or before the first day of Novemb r of each calendar year for which a per- mit has been issued? 6. Does your organization understand that if gross receipts ex- ceed fifty thousand dollars during any calendar quarter, an addi- tional Financial Report must be filed for such quarter no later than sixty days following the last day of such quarter? 7. Does your organization understand that the failure to file financial reports when due shall cause automatic revocation of the permit, and no such organization shall conduct any Bingo game or raffle thereafter until tsuch report is properly filed and a new permit is obtained? y 8. Does your organization understand that each Financial Report must be accompanied by a Certificate, verified under oath by the Board of Directors, that the proceeds of any Bingo game or raffle have been used for these lawful, religious, charitable, commu- nity, or educational purposes for which the organization is spe- cifically chartered or organized, and that the operation of Bingo games or raffles have been in accordance with the provisions of Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia? 9. Does your organization understand that a two percent audit fee of the gross receipts must be paid to the County of Roanoke upon submission of the ann al financial report due on or before the first of November? i 10. Does your organization understand that this permit is valid only in the County of Roanoke and only at such locations, and for such dates, as are designated in the permit application? 11. Does your organization understand that no person, except a bona fide member of any such organization who shall have been a member of such organization for at least ninety days prior to such participation, shall participate in the management, opera- tion, or conduct of any bingo game or raffle, and no person shall receive any remuneration for participating in management, operation, or conduct of any such game or raffle? %eS 12. Has your organization attached a check for the annual permit fee in the ampunt of $25.00 payable to the County of Roanoke, Virginia? 13. Does your organization understand that any organization found in violation of the County Bingo and Raffle Ordinance or §18.2- 340.10 of the Code of Virginia authorizing this permit is subject to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above referenced Codes may be guilty of a felony. y�S 5 14. Has your organization attached a complete list of its member- ship to this application form? �G 5 15. Has your organization attached a copy of its bylaws to this application form? -- At_j2ePCpr oN Ff L l- F--bM LA Sr' `fe,44 16. Has the organization been declared exempt from property taxa- tion under the Virginia Constitution or statutes? A_(rUe°b � If yes, state whether exemption is for real, personal property, or both and identify exempt property. w=ir(l�c� 17. State the specific �ype and purpose of the organization. 3 sa (04 18. Is this organization incorporated in Virginia? -40-5 If yes, name and address of Registered Agent: 19. Is the organization registered with the Virginia Department of Agriculture and Consumer Affairs pursuant to the Charitable Solicitations Act, Section 57-48 of the Virginia Code? K4�Y4- �el (If so, attach copy of registration.) Has the organization been granted an exemption from registration by the Virginia Department of Agriculture and Consumer Affairs? (If so, attach copy of exemption.) 'A f -Pce-sS of o6i�'�1►�v ALL RAFFLE APPLICANTS DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES, AND PROCEED TO NOTARIZATION. Article Description Fair Market Value (21) J; KkeTT? LL_ s,o By rde.M(�,-7L9 d� / 9F2 V.S. oLYrtPIC TZ�Al C2-)— WF_E-Le-N�:) OF # 3-5-04610 -0,4-Se- 6A -U_ i J A -L -T7 0404? -re ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE NOTARIZATION RAFFLE APPLICANTS, GO TO NOTARIZATION. 20. Does your organization understand that the bingo games shall not be conducted more frequently than two calendar days in any calendar week? 21. Does your organization understand that it is required to keep complete records of the bingo game. These records based on §18.2- 340.6 of the Code of Virginia and §4.98 of Roanoke County Code must include the following: a. A record of the date, quantity, and card value of instant bingo supplies purchased, as well as the name and address of the supplier of such instant bingo supplies, and written invoice or receipt is also required for each purchase of in- stant bingo supplies? b. A record in writing of the dates on which Bingo is played, the number of people in attendance on each date, and the amount of receipts and prizes on each day? (These records must be retained for three years.) c. A record of the name and address of each individual to whom a door prize, regular or special Bingo game prize or jackpot from the playing of Bingo is awarded? d. A complete and itemized record of all receipts and disburse- ments which support, and that agree with, the quarterly and annual reports required to be filed, and that these records must be maintained in reasonable order to permit audit? 22. Does your organization understand that instant Bingo may only be conducted at such time as regular Bingo game is in progress, and only at such locations and at such times as are specified in this application? 23. Does your organization understand that the gross receipts in the course of a reporting year from the playing of instant Bingo may not exceed 33 1/3% of the gross receipts of an organization's Bingo operation? 24. Does your organization understand it may not sell an instant Bingo card to an individual below sixteen years of age? 25. Does your organization understand that an organization whose gross receipts from all bingo operations that exceed or are ex- pected to exceed $75,000 in any calendar year shall have been granted tax-exempt status pursuant to Section 501 C of the United States Internal Revenue Service? (Certificate must be attached.) 9 26. Does your organization understand that a Certificate of Occu- pancy must be obtained or be on file which authorizes this use at the proposed location? 27. Does your organization understand that awards or prize money or merchandise valued in excess of the following amounts are illegal? a. No door prize shall exceed twenty-five dollars. b. No regular Bingo or special Bingo game shall exceed One Hund- red dollars. C. No jackpot of any nature whatsoever shall exceed One Thousand Dollars, nor shall the total amount of jackpot prizes awarded in any one calendar day exceed One Thousand Dollars. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS I hereby swear or affirm under the penalties of perjury as set forth in §718.2 of the Code of Virginia, that all of the above statements are true to the best of my knowledge, information, and beliefs. All questions have been answered. Signed by: / Name tie Subscribed and/sworn before me, My commission expires: Ala 3 1994 Home Address this /�' day of 19 902' RETURN THIS COMPLETED APPLICATION TO: COMMISSIONER OF THE REVENUE P.O. Box 20409 Roanoke, VA'24018-0513 L NOT VALID UNLESS COUNTERSIGNED The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this calendar year. Date Commissioner/of the Reven e The above application is not approved. Date Commissioner of the Revenue E ACTION # A-42892-1 ITEM NUMBER: U` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 28, 1992 AGENDA ITEM: Request to Amend Street Light Policy COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: In the past, citizens have continuously expressed concerns about Roanoke County's Street Light Policy for the following reasons: 1. The evaluation form is too impersonal; 2. A low percentage of requests meet our criteria; 3. No appeal process exists when requests are denied. For these reasons, we are requesting the Board to approve the recommended changes to the Street Light Policy. BACKGROUND: In November, 1991, at a quarterly meeting with the civic league presidents and the County Administrator, a street light subcommittee was established to review our current Street Light Policy. Over the past six months, the committee has met several times with staff to discuss alternatives and recommendations. On April 1, 1992, the subcommittee presented its report and recommendations to the quarterly meeting of the civic league presidents. SUMMARY OF INFORMATION: The proposed seven recommendations outlined in this report have received unanimous support from the civic league presidents and they are as follows: 1. Allowing requestor to be present during evaluations. 2. Allowing citizens to request evaluations to be done at night. 3. Requiring police department to research crime rates and accident reports for three years when completing the evaluation form. 4. Currently, only two classification factors carry any significant weight (horizontal curves and night vs. day accident ratios). The sub -committee recommended additional emphasis be placed on vertical curves since the topography in the area is very steep. The committee agreed upon a factor of 2, making vertical curves the third most important factor. 5. An appeals process for street lights failing to achieve a score of 70 points but scoring greater than 55 is being recommended. A copy of the appeals process is enclosed for review, see EXHIBIT "A". 6. Cost participation (Ordinance # 112288-7) is the financing of municipal improvements by the imposing of taxes or assessments on a group of adjoining property owners. This ordinance has always been available for the funding of street lights but was not practical under our current policy. Recommendations and guidelines to utilize this ordinance have been made and it is also enclosed for review, see EXHIBIT "B". 7. Enact provisions for future installation of street lights in subdivisions. The sub -committee proposes that developers and county staff coordinate and plan for the installation of a street light at all major intersections by installing pedestals at these intersections. This would reduce Roanoke County's installation cost. However, staff needs to coordinate this recommendation with the Roanoke Regional Homebuilders's Association and amend our current subdivision ordinance. Staff will continue to evaluate and work on implementing this final recommendation. 2 The staff feels recommendations 1 through 3 were of minimum impact and could be implemented immediately. The remaining four recommendations (4 through 7) are significant and will require an ordinance amendment and an increase in the funding to the street light budget. FISCAL IMPACT: The current 1991-92 street light budget is approximately $98,441. Of this amount, approximately $89,371 is allocated to pay the utility bill and the remaining $9,070 is for new construction. If the Board were to adopt recommendations 4,5 and 6 proposed by the civic league presidents, staff estimates an additional $9,000 would be needed for installation cost and another $1,000 for electricity costs. Some assumptions were made in order to arrive at these costs; therefore, these estimates could either be high or low. These funds are currently available in the proposed 92-93 Budget. ALTERNATIVES: Alternative 1: Adopt recommendations one through seven and approve that increase in FY 92-93 Budget, in the amount of $10,000 with the understanding that the proposed changes need to be reviewed after the one year period. Alternative 2: Adopt recommendation 1, 2, 3 and 7. No additional funding required. Alternative 3: Leave current policy the same. No additional funding required. STAFF RECOMMENDATION: Staff recommends Alternative 1. Y SUBMITTED BY: Arnold Covey, I1irector Engineering & Inspecti APPROVED BY: &C :0t") Elmer C. Hodge County Administrator b -I ACTION VOTE Approved (X) Motion By: Bob L. Johnson No Yes Abs Denied ( ) to approve staff recommenda- Eddy X Received ( ) tion, Alt #1 Johnson X Referred Kohinke X to Minnix X Nickens X pc: Reta Busher, Director of Management & Budget File Arnold Covey, Director, Engineering & Inspections Diane Hyatt, Director, Finance Terry Harrington, Director, Planning & Zoning 4 EXHIBIT "A" APPEALS PROCESS Committee consisting of: 5 Citizens D- I 1 Staff employer (citizen/staff ineligible to vote within own district) A. Elected every two years in January at the quarterly meeting of civic groups and homeowner's association. Committee will meet semi-annually (February and August) if needed. Must have quorum to vote, three people minimum/maximum. B. Criteria to be eligible for Appeal process: 1. Street light scores minimum of 55 points on County evaluation. 2. Citizen must request committee to review street light in writing and be available for the review, when committee meets in February or August. 5 C. Committee has three options: 1. Require requestor to pay for installation and County to pay electric bill. 2. Deny request. 3. Require County to install street light and cover all costs. Committee's decision is based solely on individual preference. D. Street Light Priority List: All lights passing this review will be placed on a priority list. The lights shall be ranked in accordance with respective scores on our review. Any light requested which scores 70 points or above shall take precedence over this list. 2 EXHIBIT "B" COST PARTICIPATION OF STREET LIGHTS REMEMBER: (1) Request for street light must meet the minimum score of 55. (2) The Appeals Committee has three options: (A) Require County to install light and cover cost of the electric bill. (B) Require requestor(s) to pay for installation and County pay electric bill. (vise versa is not feasible due to inconsistency, i.e. residents relocating billing process and not cost effective to County) average electric bill $8.50 monthly. PROCEDURES: 1. A group of residents agree to pay installation of light - average cost $600, more people involved less cost per person. 2. Residents notify Engineering & Inspections Department. This department gives estimated cost and estimated time when light could be installed. 3. Residents sign street light contract and money is paid in lump sum up front. 4. Light is installed as soon as possible. (C) Deny request altogether. 1. Referral to APCO who will usually install an average dusk to dawn light no charge and tack bill onto customers' normal electric bill. 2. Inform requestor of County ordinance 112288-7 if appropriate and refer requestor to County Attorney. Ordinance 112288-7 is the financing of municipal improvements by the imposing of taxes or assessments on a group of adjoining property owners. Such a process is already in existence but is only used when major municipal improvements are involved, i.e. a group of citizens request installation of 20 street lights. 7 I PROCEDURES: a. The owners of at least 75 percent of the adjoining properties involved must petition the County to impose taxes or assessments on the residents in a given area for the municipal improvements. b. The property owners must agree to share in the cost for the improvements. This would involve both installation, electric bill and interest involved. The County may or may not agree to accept a portion of the cost. C. The payment of the cost can be done through regular utility billing. d. To insure payment of the cost a lien would be recorded on a person's property. e. The County must agree to this petition. If not cost effective, i.e. five street lights requested, County would most likely deny due to administrative and legal cost involved. 1.1 A-42892-2 ACTION # ITEM NUMBER -D - -)-- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 28, 1992 AGENDA ITEM: Consideration of Projects for 1992-93 VDOT Revenue Sharing Program COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND The Virginia Department of Transportation (VDOT) annually provides localities the opportunity to receive state matching funds for the construction, maintenance, and improvements 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 than 20 counties participate, our share of money will be reduced proportionately. Staff has also included two projects requested by citizens in the event Roanoke County or other Counties do not use their allocation. The property owners have agreed to pay either half or over half of the cost to make these improvements. Priority numbers 58 and 59 are the two projects under consideration. SUM4ARY OF INFORMATION Staff and representatives of VDOT have prepared a priority list of proposed projects to be constructed with revenue sharing funds. The proposed priority list (57 projects) represents approximately 1 million dollars of construction cost. 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. Roanoke County may defer making any appropriations until later into the fiscal year 1992-93. V —Z ALTERNATIVES AND INPACTS Alternative Number 1: Approve the project list and defer any appropriations at this time. Alternative Number 2: Decline to participate in revenue sharing for fiscal year 1992-93. STAFF RECOMMENDATION Staff recommends Alternative Number 1. We will submit the approved project list to VDOT but defer making any appropriations until later into fiscal year 1992-93. SUBMITTED BY: APPROVED BY: Arnold Covey, Director Elmer C. Hodge of Engineering & Inspec ions County Administrator ACTION Approved (x) Motion by: Harry C. Nickens Denied ( ) motion to approve project list, Received ( ) defferinu the appropriations, Referred ( ) and clarify status of Item 30 To ( ) (Starkey Rd) cc: File Arnold Covey, Director, Engineering Diane Hyatt, Director, Finance Reta Busher, Director, Management & VOTE No Yes Abs Eddy x Johnson x Kohinke x Minnix x Nickens x & Inspections Budget COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 aT NZ.1"Oultba of Avanake P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 April 28, 1992 BOARD OF SUPERVISORS LEE B. EDDY, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR., VICE-CHAIRMAN CATAWBA MAGISTERIAL DISTRICT BOB L. JOHNSON HOLLINS MAGISTERIAL DISTRICT H. ODELLFUZZY MINNIX CAVE SPRING MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 County Primary and Secondary Road Fund (Revenue Sharing Program) Code of Virginia, Section 33.1-75.1 Fiscal Year 1992-93 County of Roanoke Mr. Gerald E. Fisher State Secondary Roads Engineer Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Dear Mr. Fisher: The County of Roanoke, Virginia, indicates by this letter its official intent to participate in the "Revenue Sharing Program" for Fiscal Year 1992-93. Roanoke County will provide $500,000 for this program, pending appropriation of available funds, to be matched from funds of the State of Virginia. The County worked with its Resident Engineer, and developed the attached prioritized list of eligible items of work recommended to be undertaken with these funds. The County also understands that the program will be reduced on a pro rata basis if requests exceed available funds. Sincerely, Lt Lee B. 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O W �. = N U co h W C S S S to Y ; to 0 0 N W S G f- W ; U S G m .- V M t m 0 0 LO t0 W t0 O 01 t0 N O '-v 10 0 V t0 P w) O O t0 r W N O O M M lD t0 l'7 t0 O) � 01 0� 01 01 O O tO m 01 � A N N /7 f9 MV) t'1 M l7 lam/ M M V ♦ ♦ V ♦ ♦ ♦ V V ♦ p to 4l 10 N t0 10 s C, o 0 c to o 40 i O N p IC q O i Ic 41 o w a N o o N O O N at O q 10 O O tp N � M M C � O O p M O C O C O WYO W) M N N M M O p J � O O O F - !D J N � O H s r ACTION # A-42892-3 ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 28, 1992 AGENDA ITEM: Authorization to Construct Water Transmission Line from Starkey to Cotton Hill COUNTY ADMINISTRATOR'S COMMENTS:icr,�,w /11�T�-c.t,co(,�J. • ��x7/4.f.<nh,a,4 �cvc --ter+ �2�la BACKGROUND• A local developer is considering development of an 80 acre tract of land located between Cotton Hill Road and Merriman Road. A majority of the land is bounded on the south by the Blue Ridge Parkway. The development is proposed to provide 200 lots for single family homes. The proposed access to the development is from Coleman Road. The developer is in the initial planning stages for the project and has requested information on public water and sewer for the property. The proposed development can be provided with public sewer service by construction of a gravity sewer from the development to the Starkey Sewer Pump Station. The developer may request a reimbursement agreement with the County for the sewer construction at a later date. No action relative to the sewer is required at this time. The proposed development could be provided with public water service by construction of a water line from the development to the Starkey Water System on Merriman Road. The proposed County South Water Transmission line will be installed in the same location as the above mentioned water line. The South Water Transmission line will require 2,000 feet of easement across the proposed development. It would be more logical for the County to construct the transmission line than for the developer to extend a smaller water line now which would later be paralleled by the transmission line. 10 ALTERNATIVES AND IMPACTS: Alternative 1: The Board of Supervisors would authorize staff to construct the water transmission line from Starkey to Cotton Hill for the purpose of providing public water service for development. The cost of constructing this line now is approximately $680,000. Funds are available for this construction in the 1991 Water Project Fund for Transmission Lines. Alternative 2: The Board of Supervisors would not approve the construction of this section of the transmission line. The developer would then either extend an eight inch water line from Starkey to the development or develop the property using individual wells. If the developer installed an eight inch water line, an off-site facility credit of $221,000 would be given to the developer for the construction. In 1995, the County would install a 20 inch transmission line parallel to the 8 inch at a cost of $660,000. Therefore, the cost of this alternative would be $881,000. STAFF RECOMMENDATION: Staff recommends the Board of Supervisors approve Alternative 1 in order to promote development that uses public water and sanitary sewer service while at the same time minimizing the overall cost of construction. SUBMITTED BY: APPROVED: VVI Clif rd Craig, Elmer C. Hodge Util y Director County Administrator ACTION VOTE Approved (x) Motion by: Harry C. Nickens No Yes Abs Denied ( ) to approve staft recommen a- Eddy x Received tion, Ait #1 Johnson x Referred Kohinke x to Minnix x Nickens x cc: File Clifford Craig, Director, Utility Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget Arnold Covey, Director, Engineering & Inspections y RIDGE p guttgy` =i VICINITY MA NORTH ROANOKE COUNTY UTILITY DEPARTMENT WATER TRANSMISSION LINE STARKEY / COTTON HILL RIDaa S�- VICINITY NORTH 1-3 ROANOKE COUNTY UTILITY DEPARTMENT WATER TRANSMISSION LINE STARKEY / COTTON HILL ACTION # A-42892-4 ITEM NUMBER L �y T MEETING DATE: April 28, 1992 AGENDA ITEM: Request for an Appropriation of $74,000 to the School Bus Fund from the 1990-91 Year -End Balance of School Funds COUNTY ADMINISTRATOR'S COMMENTS:,Q BACKGROUND The school board has proposed to allocate $368,717 from the 1990-91 year-end balance of school funds to the school bus fund. The school board has received an offer from the local Bluebird vendor (low bid on state contract) to purchase a 1991 demonstrator Bluebird 78 passenger transit bus at a discount of $3,800 for a total cost of $43,915. A majority of the school bus fleet is equipped with two-way radios. Incidents in recent months involving student safety have presented the need to install radios in approximately fifteen buses to complete equipping the fleet. The cost per radio is estimated at $500. Specifications for the diesel buses purchased in 1988, 1989 and 1990 did not provide for an air dryer to eliminate moisture in the air braking system. To correct problems occurring due to the moisture build-up in the 89 buses purchased in those years, air dryers must be installed at a per unit cost of $250. Subsequent to those years, specifications provide air dryers as standard equipment. SUMMARY OF INFORMATION: The Roanoke County School Board has approved purchase of the school bus, two-way radios, and air dryers totaling $74,000 from the 1990- 91 year-end balance allocated for school buses ($368,717). Inasmuch as the funds remain in the year-end balance account, the $74,000 must be appropriated by the Board of Supervisors to the school bus fund. Following this expenditure, $294,717 will remain for the purchase of replacement buses. FISCAL IMPACT: The expenditure will be made from the 1990-91 year- end balance for replacement of school buses. b— I -2- STAFF RECOMMENDATION: Staff recommends appropriation of $74,000 from the 1990-91 year-end balance to the school bus fund. Robert A. Woolwine Elmer C. Hodge Supervisor of Transportation County Administrator ACTION VOTE No Yes Approved (x ) Motion by: Bob L. Johnson Eddy x Denied ( )motion to approve Johnson x Received ( ) Kohinke x Referred ( ) Minnix x To Nickens x cc: cc: File Dr. Bayes Wilson, Superintendent, Roanoke County Schools Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget Abs FROM THE MINUTES OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY MEETING IN REGULAR SESSION AT 7 P.M. ON APRIL 9, 1992 IN THE BOARD ROOM OF THE SCHOOL ADMINISTRATION BUILDING, SALEM, VIRGINIA. RESOLUTION REQUESTING AN APPROPRIATION OF $74,000 BY THE BOARD OF COUNTY SUPERVISORS FROM THE 1990- 91 YEAR-END BALANCE TO THE SCHOOL BUS FUND. WHEREAS, the County School Board of Roanoke County proposes to purchase replacement buses from a portion of the 1990-91 year-end balance of school funds, and WHEREAS, said school board has the opportunity to purchase a bus at discount price and other necessary equipment to ensure the safety of students and maximum performance of buses in the current fleet, BE IT RESOLVED that the County School Board of Roanoke County, on motion of Paul G. Black and duly seconded, requests an appropriation of $74,000.00 by the Board of Supervisors of Roanoke County from the 1990-91 year-end balance allocated for school bus replacements ($368,717) to the school bus fund for the purchase of the following: 1. A 1991 demonstrator Bluebird 78 passenger transit bus at a discount of $3,800 for a total cost of $43,915; 2. Approximately fifteen two-way radios estimated at $500 each to complete equipping the bus fleet; and 3. Air dryers to be installed on 89 diesel buses to eliminate moisture in the air braking system at an estimated cost of $250 each. Adopted on the following recorded vote: AYES: Paul G. Black, Maurice L. Mitchell, Charlsie S. Pafford, Barbara B. Chewning, Frank E. Thomas NAYS: None TESTE: Clerk c: Mrs. Diane Hyatt Mrs. Penny Hodge ACTION NO. A-42892-5 ITEM NUMBER—D — 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 28, 1992 AGENDA ITEM: Adoption of the Fiscal Year 1992-93 Budget COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Attached is the 1992-93 Fiscal Year Budget for the County of Roanoke. Several changes were made to the original budget document that was submitted to the Board of Supervisors on March 24, 1992. These changes and other highlights are noted below. Also attached for Board of Supervisors approval is the 1992-93 Fiscal Year Classification Plan. Budget Highlights • 3% Salary increase for school and county employees. • New ambulance for Hollins Rescue Squad. • Used ambulance for the Mason's Cove Rescue Squad. • New fire truck for Mason's Cove Fire Station. • Increase in the Street Light budget by $10,000. • Funding increase for the Roanoke Valley Convention and Visitors Bureau from $25,000 to $35,000. • Increase of $9,348 in the Contribution to Mental Health Services which will bring the allocation to an amount equivalent to $1 per capita or $79,332. • New refuse truck. • Establishment of a Capital Reserve in the Capital Fund in the amount of $114,760. • Increase in the Public Health budget by $20,000 to match State funding levels. • Elimination of the Cigarette Tax revenue from the School Board budget. • Increase in the Affirmation Action Program. FISCAL IMPACT: The 1992-93 Fiscal Year Budget totals $164,155,719. This includes the changes outlined above and all interfund and intrafund transfers. The budget net of transfers is $119,212,624. 1 D -5 - STAFF RECOMMENDATION: Staff recommends the adoption of the 1992-93 Fiscal Year Budget and Classification Plan as presented. The Board must first adopt the Fiscal Year Budget and then adopt a Budget Appropriation Ordinance. The Budget Appropriation Ordinance must be adopted through the process of a first and second reading before June 30, 1992. The first reading is scheduled for May 12, 1992, and the second reading is scheduled for May 26, 1992. Respectfully submitted, Reta R. Busher Director of Management & Budget ACTION Approved by, Elmer C. Hodge County Administrator Approved ( x) Motion by: Harry C. Nickens Denied ( ) to approve adoption of the Eddy Received ( ) budget Kohinke Referred ( ) Johnson To Minnix Nickens cc: File Reta Busher, Director, Management & Budget Diane Hyatt, Director, Finance John Chambliss, Assistant County Administrator Don Myers, Assistant County Administrator Keith Cook, Director, Human Resources VOTE No Yes Abs x x x X x b— 45 COUNTY OF ROANOKE SUNKARY OF PROPOSED 1992-93 BUDGET REVENUES Fund Amount General Fund: General Government General Property Taxes $ 48,640,000 Other Local Taxes 14,615,000 Permits, Fees and Licenses 428,000 Fines and Forfeitures 215,000 Charges for Services 225,800 Commonwealth 5,012,532 Federal 1,230,500 Other 341,000 Total General Government 70,707,832 Youth Haven II 352,552 Law Library 30,000 Recreation Fee Class 452,848 Internal Services 1,222,527 Garage II 232,218 Total General Fund $ 72,997,977 Debt Fund $ 7,929,491 Capital Fund $ 439,760 Water Fund: Water Operations $ 5,983,802 1991 Water Revenue Bonds 127,453 Water Repair and Replacement 350,000 Rate Stabilization 309,414 Water Surplus 797,584 Total Water Fund $ 7,568,253 Sewer Fund: Sewer Operations $ 3,409,762 Offsite Facilities - Sewer 116,394 Total Sewer Fund $ 3,526,156 Total County Funds S 92.461.637 k School Funds: Operating Cafeteria Grant Textbook Capital Total Fund School Funds Total Revenues All Funds Less: Transfers Total Revenues Net of Transfers EXPENDITURES General Fund: General Government General Administration Constitutional Officers Judicial Administration Management Services Public Safety Community Services Human Services Non -Departmental Transfers to School Operating Transfers to Debt Fund Transfer to Internal Service Transfer to Sewer Fund Other Transfers Contingent Balance Total General Government Youth Haven II Law Library Recreation Fee Class Internal Services Garage II Total General Fund Debt Fund Capital Fund Water Fund: Water Operations 1991 Water Revenue Bonds Water Repair and Replacement Rate Stabilization Water Surplus Total Water Fund 4 Fund Fund $ 66,106,683 2,861,370 2,125,671 532,858 67.500 $ 71,694,082 $164,155,719 (44,943.095) $119,212.624 Amount $ 1,520,288 4,968,213 164,858 2,676,250 7,022,055 4,344,372 7,002,305 2,023,184 32,921,346 6,134,125 721,686 644,390 514,760 70,707,832 352,552 30,000 452,848 1,222,527 $ 72,997,977 $ 7,929,491 $ 439,760 $ 5,983,802 127,453 350,000 309,414 $ 7,568,253 D- 4s", Sewer Fund: Sewer Operations Offsite Facilities - Sewer Total Sewer Fund Total County Funds School Funds: Operating Cafeteria Grant Textbook Capital Total School Funds Total Expenditures All Funds Less: Transfers Total Expenditures Net of Transfers 5 $ 3,409,762 116,394 $ 3,526,156 $ 92,461,637 $ 66,106,683 2,861,370 2,125,671 532,858 67,500 $ 71,694,082 $164,155,719 (44,943,095) $119,212,624 D- S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, APRIL 28, 1992 ORDINANCE 42892-6 TO CHANGE THE ZONING CLASSIFICATION OF A 2.2 ACRE TRACT OF REAL ESTATE LOCATED AT 8251 WOOD HAVEN ROAD (TAX MAP NO. 36.08-1-56) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R -E TO THE ZONING CLASSIFICATION OF M-1 WITH CONDITIONS UPON THE APPLICATION OF NORMAN T. RONK WHEREAS, the first reading of this ordinance was held on March 24, 1992, and the second reading and public hearing was held April 28, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on April 7, 1992; 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 2.2 acres, as described herein, and located at 8251 Wood Haven Road, (Tax Map Number 36.08-1-56) in the Catawba Magisterial District, is hereby changed from the zoning classification of R -E, Residential Estate District, to the zoning classification of M-1, Light Industrial District. 2. That this action is taken upon the application of Norman T. Ronk. 3. That the owner has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: (1) Proposed building and land to be used for agriculture, woodworking or closely -related operations only. (2) Business hours to be contained from 7 a.m. to 9 p.m., Monday through Saturday. No business on Sunday under any circumstances. (3) All business operations to be contained inside except loading and unloading. 4. That said real estate is more fully described as follows: BEGINNING at a point on the north line of Wood Haven Road 105 feet west of the corner of Lot 9, Block 4, Section 1 of Willow Creek Subdivision; thence in a westerly direction with the north line of Wood Haven Road 270 feet, more or less, to a point; thence in a northwesterly direction with the line of Wood Haven Road 50 feet, more or less, to a point on the easterly line of Carner Lane; thence with the easterly line of Carner Lane in a northerly direction 330 feet, more or less, to a point; thence with four new dimension lines through the Annie L. Ronk property as follows: in an easterly direction 270 feet, more or less, to a point; thence in a southerly direction 95 feet, more or less, to a point; thence in an easterly direction 70 feet, more or less, to a point; thence in a southerly direction 180 feet, more or less, to the place of BEGINNING. 5. 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, Minnix, Nickens NAYS: Supervisor Eddy A COPY TESTE: AA j- n y,&. Brenda J. lton, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Terry Harrington, Director, Planning & Zoning John Willey, Director, Real Estate Assessment Paul Mahoney, County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 28, 1992 ORDINANCE 42892-7 AUTHORIZING THE EXECUTION OF A LEASE OF REAL ESTATE FOR PARKING FACILITIES AT THE ROANOKE COUNTY COURTHOUSE AND JAIL BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, the acquisition of any interest in real estate, which includes a lease of real estate, shall be accom- plished by ordinance and pursuant to the authority found in §§ 15.1-262 and 15.1-897 of the 1950 Code of Virginia, as amended; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County the first reading on this ordinance was held on April 14, 1992, and the second reading was held on April 28, 1992, concerning the lease of real estate to meet parking needs at the Roanoke County Courthouse and Jail; and 3. That this lease is with William Watts and Elizabeth B. Watts of a tract of land containing approximately 0.680 acre for a term commencing the 1st day of May 1992, and ending the 30th day of April 1997, for an initial annual rental of $9,000.00 payable in equal monthly installments of $750.00; and 4. That the lease agreement setting forth the terms and conditions of this lease is incorporated herein by reference. 5. That this lease has been negotiated and awarded without competitive sealed bidding or competitive negotiation upon a determination that this parking space is the only parking space 1 0# I practically available based upon the following factor: location and proximity to existing County courthouse and jail; and 6. That the County Administrator is authorized to execute this lease on behalf of the County of Roanoke and to execute such other documents and take such other actions as are necessary to accomplish this transaction all of which shall be upon form approved by the County Attorney. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None A COPY TESTE: Brenda J. olton, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney John D. Willey, Director, Real Estate Assessment Gerald S. Holt, Sheriff Steven A. McGraw, Clerk, Circuit Court Theresa Childress, Clerk, General District Court Peggy Gray, Clerk, Family Court Gardner W. Smith, Director, General Services 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 28, 1992 ORDINANCE 42892-8 ENACTING SEC 13-5.1, TRANSPORTING A LOADED RIFLE OR SHOTGUN; SEC 13-5.21 PROHIBITING HUNTING OR TRAPPING NEAR PRIMARY AND SECONDARY HIGHWAYS; SEC. 13-5.31 PROHIBITING HUNTING NEAR PUBLIC SCHOOLS AND COUNTY, TOWN OR REGIONAL PARKS; AND SEC 13- 5.4, PROHIBITING POSSESSION OF LOADED FIREARMS IN CERTAIN CASES, OF CHAPTER 13, OFFENSES - MISCELLANEOUS OF THE ROANOKE COUNTY CODE WHEREAS, the General Assembly of Virginia has recently repealed and reenacted certain sections of the Code of Virginia pertaining to authority of local governing bodies to prohibit certain activities involving the transporting of firearms and hunting in certain locations; and WHEREAS, the Board of Supervisors desires to adopt certain ordinances to protect the safety and well-being of its citizens against improper hunting activities in close proximity to highways, schools and parks or with weapons which unreasonably increase the risk of injury to innocent by-standers; and WHEREAS, the first reading of this ordinance was held on April 14, 1992, and the second reading was held on April 28, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Chapter 13, "Offenses - Miscellaneous" of the Roanoke County Code is hereby amended and reenacted as follows: Sec. 13-5.1. Transporting a loaded rifle or shotgun. (a) It shall be unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any 1 public street, road or highway in the county. (b) Any violation of this section shall be punished by a fine of not more than one hundred dollars ($100.00). (c) This section shall not apply to duly authorized law- enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business. [State law reference, § 18.2-287.1]. Sec. 13-5.2. Prohibiting hunting or trapping near primary and secondary highways. (a) It shall be unlawful to hunt any game bird or game animal while on or within one hundred (100) yards of any primary or secondary highway in the county. (b) It shall be unlawful to trap any game animal or furbearing animal within fifty (50) feet of the shoulder of any primary or secondary highway in the county. This shall not prohibit such trapping where the written permission of the landowner is obtained. (c) Any violation of this section shall be punished as a Class 3 misdemeanor. (d) For purposes of this section, the terms "hunt" and "trap" shall not include the necessary crossing of highways for the bona fide purpose of going into or leaving a lawful hunting or trapping area. [State law authority, § 29.1-526] 2 Sec. 13-5.3. Prohibiting hunting near public schools and county, town or regional parks. (a) It shall be unlawful to shoot or hunt, or to traverse an area while in possession of a loaded firearm, within one hundred (100) yards of any property line of any public school or of a county, town or regional park. (b) Any violation of this section shall be punished as a Class 4 misdemeanor. (c) This section shall not be enforced on lands within a national or state park or forest, or wildlife management area. [State law authority, § 29.1-527] Sec. 13-5.4. Prohibiting possession of loaded firearms in certain cases. (a) It shall be unlawful for any person under the age of eighteen (18) to carry or have in his possession a loaded firearm while in any public place or upon any public highway. (b) This section shall not apply to a person (i) in his own home or curtilage thereof, (ii) acting at the time in lawful defense of persons or property, (iii) engaged in lawful hunting, nor (iv) engaged in marksmanship practice at established ranges. (c) Any violation of this section shall be punished by a fine of not more than one hundred dollars ($100.00), and the weapon may be forfeited to the Commonwealth pursuant to the provisions of § 18.2-310. [State law authority, § 18.2-287.3]. 2. The Clerk of this Board is directed to notify the Director of the Department of Game and Inland Fisheries of the adoption of this ordinance by registered mail prior to May 1, 1992. 3. This ordinance shall be in full force and effect from and after May 1, 1992. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None cc: File Bud Bristow, Executive Director, Dept of Game & Inland Fisheries Circuit Court C. O. Clemens, Judge Kenneth Trabue, Judge Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, II, Chief Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Intake Counsellor Michael Lazzurl, Court Services General District Court John L Apostolou, Judge George Harris, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Atty Paul M. Mahoney, County Atty A COPY TESTE: SU44JAC.-I 0. /4::tl� Brenda J. H ton, Deputy Clerk Roanoke County Board of Supervisors 4 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 Thomas C. Fuqua, Chief, Fire & Rescue John M. Chambliss, Jr., Asst County Adm Don C. Myers, Asst County Adm O. Arnold Covey, Director, Eng & Inspect Kenneth L. Hogan, Chief Animal Control Officer Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Gardner W. Smith„ Director, General Services Elaine Carver, Director, Procurement John D. Willey, Director, Real Estate Assessment Parks & Recreation Department Dr. Bayes Wilson, Superintendent, Roanoke County Schools AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 28, 1992 ORDINANCE 42892-9 VACATING 10 -FOOT AND 15 -FOOT PUBLIC UTILITY EASEMENTS LOCATED ON TRACTS 10 AND 11, JAMISON INDUSTRIAL PARR, (PB 6, PAGE 21), HOLLINS MAGISTERIAL DISTRICT WHEREAS, the Roanoke County Engineering Staff has requested the Board of Supervisors of Roanoke County, Virginia to vacate a 10 -foot public utility easement and a 15 -foot public utility easement located on Tracts 10 and 11, Jamison Industrial Park Hollins Magisterial District as shown in Plat Book 6, at page 21 of record in the Clerk's Office of the Roanoke County Circuit Court; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on April 14, 1992; and the second reading and public hearing of this ordinance was held on April 28, 1992. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 10 -foot public utility easement located along the lot line between Tracts 10 and 11, Jamison Industrial Park, and a 15 -foot public utility easement located along the southeast lot lines of Tract 10 and 11, Jamison Industrial Park, Hollins Magiste- rial District of record in Plat Book 6, at page 21, in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia, be, and hereby are, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended; and, 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 3. That Reaneke Geunty the owner (Dallas T. Byrd) shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction and in addition, shall be responsible for all costs and expenses associated herewith. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None A COPY TESTE: Brenda J. Ho ton, Deputy Clerk cc: File Roanoke County Board of Supervisors Arnold Covey, Director, Engineering & Inspections Terry Harrington, Director, Planning & Zoning AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 28, 1992 ORDINANCE 42892-10 AUTHORIZING AN AMENDMENT TO THE ROANOKE VALLEY CABLE TELEVISION ORDINANCE, BY AMENDING EXIBIT A OF THE CABLE TELEVISION FRANCHISE AGREEMENT TO PROVIDE FOR CHANGES IN CERTAIN INSTITUTIONAL CABLE DISTRIBUTION SYSTEM INJECTION POINTS WHEREAS, on April 23, 1991,the Board of Supervisors of Roanoke County, Virginia adopted Ordinance No. 42391-15, which enacted the Roanoke Valley Cable Television Ordinance for Roanoke County, and which authorized the County Administrator to execute the Cable Television Franchise Agreement on behalf of the County; and, WHEREAS, the Equipment and Facilities Subcommittee of the Roanoke Valley Regional Cable Televison Committee recommends that Exhibit A of the Cable Television Franchise Agreement be amended to change certain injection points as provided therein; and, WHEREAS, the Roanoke Valley Regional Television Committee unanimously agrees with and recommends these changes to the local governments parties to this agreement; and, WHEREAS, the first reading of this ordinance was held on April 14, 1992, and the second reading of this ordinance was held on April 28, 1992. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1) That the Roanoke Valley Cable Television Ordinance, Ordinance No. 42391-15, adopted on April 23, 1991, is hereby amended, including the Cable Television Franchise Agreement, and that the County Administrator is hereby authorized to execute an amended franchise agreement and such other documents as may be r necessary to accomplish the purposes of this ordinance. 2) That the amendment authorized by this ordinance pertains to Exhibit A of the Cable Television Franchise Agreement, and the identification of certain Institutional Cable Distribution System Injection Points (those places where live programming may be injected into the Cox Cable System). Exhibit A, with amendments, is attached hereto and incorporated herein by reference. 3) That this ordinance shall be in full force and effect on and after April 28, 1992. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None A COPY TESTE: Brenda J. H ton, Deputy Clerk cc: File Roanoke County Board of Supervisors Paul M. Mahoney, County Attorney Anne Marie Green, Information Officer, County Representative The Honorable Howard Musser, Chairman, Regional Cable Television Committee W. C. Dibling, Jr., Roanoke City Attorney Mary Parker, Clerk, Roanoke City Council Carolyn Ross, Clerk, Town of Vinton AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 28, 1992 ORDINANCE 42892-11 AUTHORIZING THE REFUND OF CERTAIN PENALTIES IMPOSED FOR THE FAILURE TO FILE TANGIBLE PERSONAL PROPERTY TAX REFUNDS OR TO PAY PERSONAL PROPERTY TAXES, ERRONEOUSLY PAID OR ASSESSED. WHEREAS, Section 58.1-3990 of the Code of Virginia, 1950, as amended authorizes the governing body of any city or county to provide by ordinance for the refund of any local taxes or classes or taxes erroneously paid; and, WHEREAS, it appears that certain penalties imposed for the failure to file tangible personal property returns may have been erroneously assessed; and, WHEREAS, the Board of Supervisors of Roanoke County intends to adopt an ordinance to provide for the refund of erroneously assessed penalties; and, WHEREAS, the first reading and public hearing on this ordinance was held on April 14, 1992, and the second reading on this ordinance was held on April 28, 1992. BE IT BE ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY AS FOLLOWS: 1. That pursuant to the authority found in Section 58.1-3990 the Code of Virginia, 1950, as amended there is hereby authorized the refund of certain penalties imposed upon the failure to file tangible personal property returns for the tax years 1989, 1990, and 1991. 2. That this refund ordinance for personal property tax penalty shall apply only to those penalties assessed on tangible 1 1 personal property and where the minimum ten dollar penalty was greater than the penalty of ten percent of the tax due. Further this ordinance shall apply to those penalties imposed by Section 21-16 (b) and Section 21-18 (b) of the Roanoke County Code, before their amendment by Ordinance 12490-3. 3. That no refund or exoneration shall be issued to a taxpayer unless specifically requested in writing by the taxpayer. That if the penalty has not been paid, then the taxpayer/applicant shall be exonerated from payment of so much of the penalty as is erroneous. The Commissioner of the Revenue is authorized to accept written applications for refunds or exonerations from taxpayers who believe that they may be entitled to such refund or exoneration, and that the Treasurer is authorized to refund or exonerate amounts erroneously paid upon certification by the Commissioner of the Revenue, together with interest actually paid thereon. 4. That in determining whether or not a penalty was erroneously assessed or paid, the Commissioner of the Revenue shall be guided by the June 19, 1990, and.March 12, 1992, opinions of the Attorney General for the Commonwealth of Virginia and Ordinance 12490-3. 5. That the Clerk to the Board of Supervisors is hereby directed to publish a notice of this ordinance and the procedures necessary to apply for a refund or exoneration of erroneously assessed penalties in the Roanoke Times & World News. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: 2 AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None A COPY TESTE: Brenda J. Holton, Deputy Clerk cc: File Roanoke County Board of Supervisors Paul M. Mahoney, County Attorney Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Diane D. Hyatt, Director, Finance Roanoke Times & World -News, for public notice 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 28, 1992 RESOLUTION 42892-12 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 April 28, 1992, 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. Request for Approval of 50/50 Raffle Permit for the Calendar Year 1992 from Glenvar Youth Boosters, Glenvar High School. 2. Request for Approval of Raffle Permit from North Cross School. 3. Request for Approval of Raffle Permit from Virginia Children's Health Care Network, Inc. 4. Public -Private Partnership Request by Architectural Wood. 5. Donation of a utility and access easement for water stream guage on the Roanoe River to the Board of Supervisors of Roanoke County in connection with the Spring Hollow Reservoir Project. 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 without item 4, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None On motion of Supervisor Johnson to approve item 4 with the amount of the request increased by the sewage connection fee, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None A COPY TESTE: zu4at.."� IrAd4m, Brenda J. Hcdton, Deputy Clerk cc: File Roanoke County Board of Supervisors Tim Gubala, Director, Econ Dev Cliff Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections ACTION NO. A -42892-12.a ITEM NUMBER -_--1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 28, 1992 AGENDA ITEM: Request for approval the calendar year 1992 Glenvar High School COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: of a 50/50 Raffle Permit for from Glenvar Youth Boosters, Glenvar Youth Boosters, Glenvar High School has requested a permit for the calendar year 1992 to hold 50/50 raffles in Roanoke County. 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 from Glenvar Youth Boosters, Glenvar High School for a 50/50 Raffle Permit for calendar year 1992 be approved. SUBMITTED BY: APPROVED BY: 41 &IV Mary H A len Elmer C. Hodge Clerk to the Board County Administrator ----------------------------------------- Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Rah T._ Tnhn-gnn cc: File Bingo/Raffle File VOTE No Yes Abs Eddy x Johnson x Kohinke x Minnix x Nickens x -Y'-'' COUNTY OF ROANOKE, VIRGINIA COMMISSIONER OF THE REVENUE APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO Application is hereby made for a bingo game or raffle permit. This application is made subject to all County and State laws, ordinances, rules, and regulations now in force, or that may be enacted hereafter and which are hereby agreed to by the under- signed applicant and which shall be deemed a condition under which this permit is issued. All applicants should exercise extreme care to ensure the accura- cy of their responses to the following questions. Bingo games and raffles are strictly regulated by Title 18.2-340.1 et. seg. of the criminal statutes of the Virginia Code, and by Section 4-86 et. sem, of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investiga- tion prior to granting a bingo or raffle permit. The Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with county and state law. Any person violating county or state regulations concerning these permits shall be guilty of a Class 1 misdemeanor. Any person who uses any part of the gross receipts from bingo or raffles for any purpose other than the lawful religious, charitable, community, or educational purposes for which the organization is specifi- cally organized, except for reasonable operating expenses, shall be guilty of a Class 6 felony. -�-.TAPPLICATION ES -FOR : ( check one) �U RAFFLE PERMIT \\ BINGO GAMES 1 Name of Organization (TL e1VVAk You7i4 Alb f,4 5c,�64 Street Address 70�, KjA)i�,S MILL Mailing Address SAinE City, State, Zip Code S14LE 1/4 Purpose and Type of Organization &41V SPo273 77. 6&PvL w When was the organization founded? / 70's 1 State specifically how the proceeds from the Bingo/Raffle will be used. List in detail the planned or intended use of the proceeds. Use estimates amounts if necessary. r-)"��o nes 40 �e +&ee 4-,!, C!�/ o)r)- ct �, /1e C�SSGr�� , �• �� 1.� ; /rtUol�ec� VS Ll! �0 Ai yegrS q5o, � 11 m� rea 1l z�� �2rn �`i�J� � •yam✓ YLjl.ter.� 3 5. Does your organization understand that a Financial Report must be filed with the Commissioner of the Revenue on or before the first day of November of each calendar year for which a per- mit has been issued? 6. Does your organization understand that if gross receipts ex- ceed fifty thousand dollars during any calendar quarter, an addi- tional Financial Report must be filed for such quarter no later than sixty days following the last day of such quarter? e- 7. Does your organization understand that the failure to file financial reports when due shall cause automatic revocation of the permit, and no such organization shall conduct any Bingo game or raffle thereafter until such report is properly filed and a new permit is obtained? yFS 8. Does your organization understand that each Financial Report must be accompanied by a Certificate, verified under oath by the Board of Directors, that the proceeds of any Bingo game or raffle have been used for these lawful, religious, charitable, commu- nity, or educational purposes for which the organization is spe- cifically chartered or organized, and that the operation of Bingo games or raffles have been in accordance with the provisions of Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia?Y�S- 9. Does your organization understand that a.two percent audit fee of the gross receipts must be paid to the County of Roanoke upon submission of the annual financial report due on or before the first of November? Z(ff5 10. Does your organization understand that this permit is valid only in the County of Roanoke and only at such locations, and for such dates, as are designated in the permit application?d-5 11. Does your organization understand that no person, except a bona fide member of any such organization who shall have been a member of such organization for at least ninety days prior to such participation, shall participate in the management, opera- tion, or conduct of any bingo game or raffle, and no person shall receive any remuneration for participating in management, operation, or conduct of any such game or raffle? 12. Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke, Virginia? AS 13. Does your organization understand that any organization- found in violation of the County Bingo and Raffle ordinance or 518.2- 340.10 of the Code of Virginia authorizing this permit is subject to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates tho,above referenced Codes may be guilty of a felony? AQ 5 ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE NOTARIZATION RAFFLE APPLICANTS, GO TO NOTARIZATION. 20. Does your organization understand that the bingo games shall not be conducted more frequently than two calendar days in any calendar week? 21. Does your organization understand that it is required to keep complete records of the bingo game. These records based on §18.2- 340.6 of the Code of Virginia and §4.98 of Roanoke County Code must include the following: a. A record of the date, quantity, and card value of instant bingo supplies purchased, as well as the name and address of the supplier of such instant bingo supplies, and written invoice or receipt is also required for each purchase of in- stant bingo supplies? b. A record in writing of the dates on which Bingo is played, the number of people in attendance on each date, and the amount of receipts and prizes on each day? (These records must be retained for three years.) c. A record of the name and address of each individual to whom a door prize, regular o- special Bingo game prize or jackpot from the playing of Bingo is awarded? d. A complete and itemized record of all receipts and disburse- ments which support, and that agree with, the quarterly and annual reports required to be filed, and that these records must be maintained in reasonable order to permit audit? 22. Does your organization understand that instant Bingo may only be conducted at such time as regular Bingo game is in progress, and only at such locations and at such times as are specified in this application? 23. Does your organization understand that the gross receipts in the course of a reporting year from the playing of instant Bingo may not exceed 33 1/3% of the gross receipts of an organization's Bingo operation? 24. Does your organization understand it may not sell an instant Bingo card to an individual below sixteen years of age? 25. Does your organization understand that an organization whose gross receipts from all bingo operations that exceed or are ex- pected to exceed $75,000 in any calendar year shall have been granted tax-exempt status pursuant to Section 501 C of the United States Internal Revenue Service? (Certificate must be attached.) 7 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. Date Commiss'oner of thW Revenue The above application is not approved. Date Commissioner of the Revenue 9 n A -42892-12.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: April 28, 1992 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 9, 1992. 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 from North Cross School for a Raffle Permit be approved. SUBMITTED BY: APPROVED BY: 1 1 I �,� Mary Allen Elmer C. Hodge Clerk to the Board County Administrator ------------------------------------------- ACTION VOTE Approved (Y) Motion by:_Bob L. Johnson No Yes Abs Denied ( ) Eddy _�. Received Johnson Referred ( ) Kohinke To ( ) ---x Minnix _x Nickens _x cc: File Bingo/Raffle File K -z COUNTY OF ROANOKE, VIRGINIA COMMISSIONER OF THE REVENUE APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO Application is hereby made for a bingo game or raffle permit. This application is made subject to all County and State laws, ordinances, rules, and regulations now in force, or that may be enacted hereafter and which are hereby agreed to by the under- signed applicant and which shall be deemed a condition under which this permit is issued. All applicants should exercise extreme care to ensure the accura- cy of their responses to the following questions. Bingo games and raffles are strictly regulated by Title 18.2-340.1 et. seq. of the criminal statutes of the Virginia Code, and by Section 4-86 et. sec. of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investiga- tion prior to granting a bingo or raffle permit. The Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with county and state law. Any person' violating county or state regulations concerning these permits shall be guilty of a Class 1 misdemeanor. Any person who uses any part of the gross receipts from bingo or raffles for any purpose other than the lawful religious, charitable, community, or educational purposes for which the organization is specifi- cally organized, except for reasonable operating expenses, shall be guilty of a Class 6 felony. THIS APPLICATION IS FOR: (check one) RAFFLE PERMIT BINGO GAMES Name of Organization Street Address �ZS�\ ��`�� �Q_ Sw Mailing Address City, State, Zip Code __2�L.wN-4,U \1 Purpose and Type of Organization �7- When was the organization founded? ��13 1 State specifically how the proceeds from the Bingo/Raffle will be used. List in detail the planned or intended use of the proceeds. Use estimates amounts if necessary. r�V c -� 3 5. Does your organization understand that a Financial Report must be filed with the Commissioner of the Revenue on or before the first day of November of each calendar year for which a per- mit has been issued?- 6. ssued?y6. Does your organization understand that if gross receipts ex- ceed fifty thousand dollars during any calendar quarter, an addi- tional Financial Report must be filed for such quarter no later than sixty days following the last day of such quarter? e S 7. Does your organization understand that the failure to file financial reports when due shall cause automatic revocation of the permit, and no such organization shall conduct any Bingo game or raffle thereafter until such report is properly filed and a new permit is obtained? ,i Q_-.-� 8. Does your organization understand that each Financial Report must be accompanied by a Certificate, verified under oath by the Board of Directors, that the proceeds of any Bingo game or raffle have been used for these lawful, religious, charitable, commu- nity, or educational purposes for which the organization is spe- cifically chartered or organized, and that the operation of Bingo games or raffles have been in accordance with the provisions of Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia? ti p � 9. Does your organization understand that a -two percent audit fee of the gross receipts must be paid to the County of Roanoke upon submission of the annual financial report due on or before the first of November? -IES 10. Does your organization understand that this permit is valid only in the County of Roanoke and only at such locations, and for such dates, as are designated in the permit application? Q 11. Does your organization understand that no person, except a bona fide member of any such organization who shall have been a member of such organization for at least ninety days prior to such participation, shall participate in the management, opera- tion, or conduct of any bingo game or raffle, and no person shall receive any remuneration for participating in management, operation, or conduct of any such game or raffle? -1Q -> 12. Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke, Virginia? y e 13. Does your organization understand that any organization: found in violation of the County Bingo and Raffle Ordinance or 518.2- 340.10 of the Code of Virginia authorizing this permit is subject to having such permit revoked and any.person, shareholder, agent, member or employee of such organization who violates the above to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates thmabove referenced Codes may be guilty of a felony? 5 ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE NOTARIZATION RAFFLE APPLICANTS, GO TO NOTARIZATION. 20. Does your organization understand that the bingo games shall not be conducted more frequently than two calendar days in any calendar week? 21. Does your organization understand that it is required to keep complete records of the bingo game. These records based on §18.2- 340.6 of the Code of Virginia and §4.98 of Roanoke County Code must include the following: a. A record of the date, quantity, and card value of instant bingo supplies purchased, as well as the name and address of the supplier of such instant bingo supplies, and written invoice or receipt is also required for each purchase of in- stant bingo supplies? b. A record in writing of the dates on which Bingo is played, the number of people in attendance on each date, and the amount of receipts and prizes on each day? (These records must be retained for three years.) c. A record of the name and address of each individual to whom a door prize, regular or special Bingo game prize or jackpot from the playing of Bingo is awarded? d. A complete and itemized record of all receipts and disburse- ments which support, and that agree with, the quarterly and annual reports required to be filed, and that these records must be maintained in reasonable order to permit audit? 22. Does your organization understand that instant Bingo may only be conducted at such time as regular Bingo game is in progress, and only at such locations and at such times as are specified in this application? 23. Does your organization understand that the gross receipts in the course of a reporting year from the playing of instant Bingo may not exceed 33 1/38 of the gross receipts of an organization's Bingo operation? 24. Does your organization understand it may not sell an instant Bingo card to an individual below sixteen years of age? 25. Does your organization understand that an organization whose gross receipts from all bingo operations that exceed or are ex- pected to exceed $75,000 in any calendar year shall have been granted tax-exempt status pursuant to Section 501 C of the United States Internal Revenue Service? (Certificate must be attached.) 7 NOT VALID UNLESS COUNTERSIGNED The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this calendar year. Date Commissi ner of khe Reve The above application is not approved. Date Commissioner of the Revenue i ', ACTION NO. A -42892-12.c ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 28, 1992 AGENDA ITEM: Request for approval of a Raffle Permit from the Virginia Children's Health Care Network, Inc. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION• The Virginia Children's Health Care Network, Inc. has requested a permit to hold a raffle in Roanoke County on May 24, 1992. 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 from the Virginia Children's Health Care Network, Inc. for a Raffle Permit be approved. SUBMITTED BY: APPROVED BY: 'M wt,, 4. Mary H Allen Elmer C. Hodge Clerk to the Board County Administrator ------------------------------------------------ ACTION VOTE Approved (x) Motion by: Bob L. Johnson No Yes Abs Denied ( ) Eddy Received ( ) Referred Johnson x To ( ) Kohinke x ( ) Minnix x Nickens x cc: File Bingo/Raffle File COUNTY OF ROANOKE, VIRGINIA'/ COMMISSIONER OF THE REVENUE APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO Application is hereby made for a bingo game or raffle permit. This application is made subject to all County and State laws, ordinances, rules, and regulations now in force, or that may be enacted hereafter and which are hereby agreed to by the under- signed applicant and which shall be deemed a condition under which this permit is issued. All applicants should exercise extreme care to ensure the accura- cy of their responses to the following questions. Bingo games and raffles are strictly regulated by Title 18.2-340.1 et. ss of the criminal statutes of the Virginia Code, and by Section 4-86 et. seg. of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investiga- tion prior to granting a bingo or raffle permit. The Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with county and state law. Any person violating county or state regulations concerning these permits shall be guilty of a Class 1 misdemeanor. Any person who uses any part of the gross receipts from bingo or raffles for any purpose other than the lawful religious, charitable, community, or educational purposes for which the organization is specifi- cally organized, except for reasonable operating expenses, shall be guilty of a Class 6 felony. THIS APPLICATION IS FOR: RAFFLE PERMIT Name of Organi Street Address (check one) BINGO GAMES Mailing Address City, State, Zip Code �u�Q MJF}, 2_4 503 Purpose and Type of Organization When was the organization founded? x 04 State specifically how the proceeds from the Bingo/Raffle will be used. List in detail the planned or intended use of the proceeds. Use estimates amounts if necessary. CC�/An+v U 1 4;4 3- 5. Does your organization understand that a Financial Report must be filed with the Commissioner of the Revenue on or before the first day of November of each calendar year for which a per- mit has been issued?� 6. Does your organization understand that if gross receipts ex- ceed fifty thousand dollars during any calendar quarter, an addi- tional Financial Report must be filed for such quarter no later than sixty days following the last day of such quarter? 7. Does your. organization understand that the failure to file financial reports when due shall cause automatic revocation of the permit, and no such organization shall conduct any Bingo game or raffle thereafter until such report is properly filed and a new permit is obtained? _T 8. Does your organization understand that each Financial Report must be accompanied by a Certificate, verified under oath by the Board of Directors, that the proceeds of any Bingo game or raffle have been used for these lawful, religious, charitable, commu- nity, or educational purposes for which the organization is spe- cifically chartered or organized, and that the operation of Bingo games or raffles have been in accordance with the provisions of Article 1.1 of Chapter 81 Title 18.2 of the Code of Virginia? 9. Does your organization understand that a two percent audit fee of the gross receipts must be paid to the County of Roanoke upon submission of the annual financial report due on or before the first of November? 10. Does your organization understand that this permit is valid only in the County of Roanoke and only at such locations, and for such dates, as are designated in the permit application? 11. Does your organization understand that no person, except a bona fide member of any such organization who shall have been a member of such organization for at least ninety days prior to such participation, shall participate in the management, opera- tion, or conduct of any bingo game or raffle, and no person shall receive any remuneration for participating in management, operation, or conduct of any such game,or raffle? 12. Has your organization attached a check for the annuaL permit fee in the amount of $25.00 payable to the County of Roanoke* Virginia?G 13.-Doesr=yo organisation understand that any organiza in violation of the. County Bingo and Raf f le Ordinance 340.10 of the Code- of Virginia authorizing this permit is:stahject to having such permit revoked and any person, shareholder, agent-, member or employee of such organization who violates the above to having such permit revoked and any person, shareholder, agent, ee- f s ori f 5 ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE NOTARIZATION RAFFLE APPLICANTS, GO TO NOTARIZATION. 20. Does your organization understand that the bingo games shall not be conducted more frequently than two calendar days in any calendar week? 21. Does your organization understand that it is required to keep complete records of the bingo game. These records based on 518.2- 340.6 of the Code of Virginia and §4.98 of Roanoke County Code must include the following: a. A record of the date, quantity, and card value of instant bingo supplies purchased, as well as the name and address of the supplier of such instant bingo supplies, and written invoice or receipt is also required for each purchase of in- stant bingo supplies? b. A record in writing of the dates on which Bingo is played, the number of people in attendance on each date, and the amount of receipts and prizes on each day? (These records must be retained for three years.) c. A record of the name and address of each individual to whom a door prize, regular or special Bingo game prize or jackpot from the playing of Bingo is awarded? d. A complete and itemized record of all receipts and disburse- ments which support, and that agree with, the quarterly and annual reports required to be filed, and that these records must be maintained in reasonable order to permit audit? 22. Does your organization understand that instant Bingo may only be conducted at such time as regular Bingo game is in progress, and only at such locations and at such times as are specified in this application? 23. Does your organization understand that the gross receipts in the course of a reporting year from the playing of instant Bingo may not exceed 33 1/3% of the gross receipts of an organization's Bingo operation? 24. Does your organization understand it may not sell an instant Bingo card to an individual below sixteen years of age? 25. Does your organization understand that an organization, whose gross receipts from all bingo operations that exceed or are ex- pected to exceed $75,000 in any calendar year shall have been granted tax-exempt status pursuant to Section 501 C of the United States Internal Revenue Service? (Certificate must be attached.) VA NOT VALID UNLESS COUNTERSIGNED The above application, having been found in due form, is approved and, issued to the applicant to have effect until December 31st of this calendar year. 1-I3- V)-- W �,6 Date ommis ioner of the Revenue The above application is not approved. Date Commissioner of the Revenue 9 ACTION NO. A -42892-12.d r Item No. L- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VA ON TUESDAY, MEETING DATE: April 28, 1992 AGENDA ITEM: Public -Private Partnership request by Architectural Wood COUNTY ADMINISTRATORIS COMMENTS: Recommend approval. EXECUTIVE SUMMARY: A fire on the morning of February 23, 1992 caused Mr. Bruce Cody, owner of Architectural Wood, to begin an intensive Valley wide search for a new facility. He concluded that the best location would be in the Southwest Industrial Park. He and his developers are requesting Roanoke County to provide Public -Private Partnership funds to offset water and sewer connection fees. BACKGROUND: Architectural Wood experienced a fire on February 23, 1992 causing a temporary relocation of the production staff to Salem from their Starkey Road location of five years. While searching for an existing building, Mr. Cody felt that the Southwest Industrial Park provided the best location for his business and his 15 employees. However, no existing space was available. Therefore, this office requested proposals from several local developers. Mr. Cody negotiated and awarded Mr. Larry Hartman the $251,000 contract for his 6,000 square foot facility. FISCAL IMPACT: Architectural Wood requests $2,810 for water and sewer connection fees. The new investment in real estate (land and building) of $251,000 as well as existing and new machinery and tools that Mr. Cody reports to be valued at $60,000 will return the County its investment in less than one year. Taxes generated during the first year will total $3,286 ($2,836 real estate + $450 machinery and tools). Funds in the amount of $42,970 are available in the Economic Development Fund for Public -Private Partnerships. L -i STAFF RECOMMENDATION: Staff recommends that Roanoke County fund connection fees in the amount of $2,810, ($2,210 for water connection fees and $600 for sewer connection fees), as a Public -Private Partnership. Respectfully submitted: Approved: Timothy W Gubala, irector Elmer C. Hodg Economic,/Development County Administrator ---------------------------------------------------------------- ACTION No Yes Abs Approved (x) Motion by: unb T. hr „„Eddy x Denied ( ) to approve Johnson x Received ( ) Kohinke x Referred Minnix x to Nickens x Attachment cc: File Timothy W. Gubala, Director, Econ Dev Clifford Craig, Director, Utility Terry Harrington, Director, Planning & Zoning �� i�' � I [ f l l . � I � I'' •� I . 04/17/92 Mr. Tim Gubala, Director Department of Economic Development Roanoke County P.O. Box 29800 Roanoke, Va. 24018-0798 Mr. Gubala, I understand that Roanoke County supports economic development through a public private partnership. I understand that through this same partnership funds are available for water and sewer hook-up fees for qualifying industries. I would like to request these funds for our current project on Commonwealth Drive. I am certain that your office is aware of our manufacturing facility and that a recent fire has caused us to relocate to a new building. We hope to occupy the new premises by June 1st, 1992. Until that time we are working a second shift through a temporary facility in Salem, Va. As quickly as we are back to full,speed,:we hope to employ at least 15 people (and continue growing!) Referring to our architectural drawings, we will have a 3/4" service for our 6000 square feet. Our water connection fee will be $2210.00 and our sewage fee will be $600.00. My developer has assured me that the benefit will be in the range of .11 cents per square foot. Additionally, for your information, the value of the new facility, including land, is $251,000.00. We anticipate that with new equipment purchases the value of our machinery and tools will reach in,excess of $60;000.00. Pitease call me if you have any questions. I sincer*ly than o for.,your help in this matter. ce ody President Architect al Wood i 2 n 5121 Starkey Raid 9 Roanoke.VA 24014 703.989.1040 ACTION NO. A -42892-12.e ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 28, 1992 AGENDA ITEM: Donation of a utility and access easement for water stream gauge on the Roanoke River to the Board of Supervisors of Roanoke County in connection with the Spring Hollow Reservoir Project COUNTY ADMINISTRATOR'S COMMENTS: / SUMMARY OF INFORMATION: This consent agenda item involves the donation of a utility and access easement for a water stream gauge on the Roanoke River over and across property located in the Catawba Magisterial District of the County of Roanoke in relation to the Spring Hollow Reservoir Project as follows: a) Donation of a 20' utility easement for a water stream gauge, together with an access easement to and from the Roanoke River and the river gauge, from Charles W. Bayse and Pamela B. Bayse (Deed Book 1327, page 58) (Tax Map No. 54.04-02-19), shown and designated as "CENTERLINE OF NEW 20' UTILITY EASEMENT TO BE CONVEYED TO ROANOKE COUNTY" on a plat prepared by T. P. Parker & Son, dated August 30, 1991, a copy of which is attached hereto and incorporated herein. The location and dimensions of this property have been reviewed and approved by the County's Utility Department engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of this property. Respectfully submitted, Vic ie L. f man Assistant County Attorney Approved (x) Denied ( ) Received ( ) Referred to Action BobMotion by Johnson L- t' Vote No Yes Abs Eddy x Johnson x Kohinke x Nickens x Minnix x cc: File Arnold Covey, Director, Engineering & Inspections Clifford Craig, Director, Utility OF 198a MA���C M�t1D�A►� CU C 3 METAL BUILDING❑ w t0It N - 00 * FRAME r- BUILDING r Z PROPERTY OF CHARLES W. BAYSE TAX NO. 54.04-02-16 / D.B. 1327, PG. 58 CINDERBLOCK ❑ WELLHOUSE VA. SEC. 2 -STORY RTE. 612 .��,� FRAME HOUSE 50.99, i S 265'25' W N 75'04'26' W, 15.01' y EDGE OF PAVEMENT N 14'55'34' E VA. SEC. RTE. 1154 3.Os L'5.3'24'26' W N o505-2 6" E 14.45' —�- N 50'34'05" W 21.47' 53.81' , 14 1 PROPERTY OF N� `O CHARLES W. BAYSE Z TAX NO. 54.04-02-19 a I C-1D.B. 1327, PG. 58 ICENTERLINE OF NEW `O 20' UTILITY EASEMENT W rn ' TO BE CONVEYED TO I in I ROANOKE COUNTY 82.41' S 09'0534' W / ROANOKE RIVER L i CURVE 'A' R-68.05' L-1 4.65' CHI -N 08'45'43' E C 14.62' � Ii Q o coo aomcq 4rLto I 4co O Z �am� � A) WQ�y r-- 672.50' S71 '06'34' W APPROXIMATE EDGE QF WATER I -.Ar4"q-lw- NOTES: �- 1. THIS PLAT IS SUBJECT TO INFORMATION WHICH MAY BE DISCLOSED BY A TITLE REPORT BY A LICENSED ATTORNEY. 2. A PORTION OF THE SUBJECT PROPERTY IS WITHIN THE LIMITS OF THE 100 YEAR FLOOD BOUNDARY AS SHOWN ON THE FEMA FLOOD BOUNDARY MAP. THIS DETERMINATION IS BASED ON THE FLOOD BOUNDARY MAP AND HAS NOT BEEN VERIFIED BY ACTUAL FIELD ELEVATIONS. 3. SEE PLAT FOR LEONARD D. HILL BY T. P. PARKER & SON DATED JUNE 4. 1988. 4. SEE PLAT FOR L D. HILL COMPANY, INC. BY T. P. PARKER do SON DATED MAY 3. 1990. SURVEY FOR COUNTY OF ROANOKE SHOWING A 20' UTILITY EASEMENT FOR WATER STREAM GAUGE CONVEYED BY CHARLES W. BAYSE SITUATE OFF VA. SEG RTE. 1154 ROANOKE COUNTY, VIRGINIA TPPM,T P. PQM ,& SON . m nowmftot suwvs�row! fto Cmmwic M rLANNtR! 31o. VkslmIs 24= AT A SPECIAL MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 28, 1992 RESOLUTION 42892-13 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 Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None cc: File Executive Session A COPY TESTE: &t4.4& Q. AL64-o� Brenda J. Ho ton, Deputy Clerk Roanoke County Board of Supervisors