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Home My WebLink About9/22/1992 - Adopted Board RecordsACTION # 92292-1 ITEM NUMBER 4S'I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1992 AGENDA ITEM: , Approval of Change Order No. 8 for the Spring Hollow Reservoir Contract COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Board of Supervisors approved a procedure for approval of Change Orders on the Spring Hollow Reservoir Project. This procedure requires Board of Supervisor approval for Change Orders that will cost in excess of $200,000. SUMMARY OF INFORMATION: Change Order No. 8 in an amount of $714,544 is for material and construction required to add water lines associated with the water treatment plant and located within the Reservoir Project. These water lines are identified as lines B, C, and D on the construction drawings. The work involves: (1) Approximately 1,094 linear feet of 36 inch raw water line from the gate house to crossing beneath and north of the Roanoke River, (2) Approximately 1,020 linear feet of 30 inch water line from the railroad tracks to crossing beneath and north of the Roanoke River, (3) Approximately 920 linear feet of 36 inch water line from the railroad tracks to discharge at the river near the river pipe crossing. Hayes, Seay, Mattern & Mattern, Inc. has negotiated the price with the contractor and finds the $714,544 cost to be fair and equitable and recommends acceptance. FISCAL IMPACT• Funds required for Change Order No. 8 in the amount of $714,544 are available within the Spring Hollow Reservoir Project Budget portion of the 1991 Water Projects Fund. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve Change Order No. 8 in the amount of $714,544. It is further recommended that the Board of Supervisors authorize the County Administrator to execute Change Order No. 8 on behalf of Roanoke County. SUBMITTED BY: APPROVED: i Cliffo C aig, P -7 F. Elmer C. Hodge Utility Director County Administrator Approved ) Denied ( ) Received ( ) Referred to Motion ACTION by: Harry C. Nickens Eddy Johnson Kohinke Minnix Nickens cc: File Clifford Craig, Director, Utility VOTE No Yes Abs X x x x x AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1992 RESOLUTION 92292-2 OF SUPPORT FOR GRANT APPLICATION FROM ROANOKE VALLEY CONVENTION & VISITORS BUREAU TO THE CENTER ON RURAL DEVELOPMENT WHEREAS, economic development is recognized as an essential ingredient in creating jobs, increasing the tax base and raising the quality of life of all Virginians; and WHEREAS, tourism is recognized as an $8 billion industry in the Commonwealth of Virginia, and a vital component in economic development; and WHEREAS, the Roanoke Valley Convention and Visitors Bureau promotes tourism throughout the urban and rural region, including the counties of: Botetourt, Craig, Franklin, and Roanoke; the cities of: Roanoke and Salem, and the Town of Vinton; and WHEREAS, the City of Roanoke, City of Salem, and County of Roanoke have adopted resolutions supporting the Bureau's application for the Virginia Tourism Accreditation Program; and WHEREAS, the top needs of the region include increasing tourism and enhancing regional cooperation; and WHEREAS, the Roanoke Valley is becoming known for its recreational activities, scenic vistas, festivals, major events, historic landmarks, and visitor facilities and services; NOW, THEREFORE, BE IT RESOLVED THAT the Roanoke County Board of Supervisors supports the Roanoke Valley Convention & Visitors Bureau's application to The Center on Rural Development for an innovative grant to implement a new, low band visitor information/highway advisory radio system along the rural area of Interstate -81; and BE IT FURTHER RESOLVED, that the purpose of the grant is to promote rural tourism in an effective, useful, and innovative manner that will result in educating the I-81 traveler about the region he or she is driving through with the ultimate intent of attracting a portion of travelers into the region for economic benefit. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Timothy R. Gubala, Director, Economic Development Ilene Fitzgerald, CORD Office, The Jackson Center, Richmond, VA Martha Mackey, Roanoke Valley Convention & Visitors' Bureau A-92292-3 ACTION NO. ITEM NUMBER 4 — 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1992 AGENDA ITEM: Request from the Department of Social Services for a Medicaid Benefit Program Worker Position to be Fully Reimbursed by the State. COUNTY ADMINISTRATOR'S COMMENTS: 'A/ - SUMMARY OF INFORMATION: Although Medicaid applications have increased 43 percent since January 1991, staff to process applications in this program has not been expanded. In July 1992, the Roanoke County Department of Social Services, the Virginia Department of Social Services, the Roanoke County Health Department and the State Health Department entered into an agreement (copy attached) which will allow a Medicaid Benefit Program Worker to be placed in the local Health Department. This person would be employed by Roanoke County Social Services and outstationed in the Salem and Vinton Health Departments. This additional staff position would enhance customer service in these Medicaid programs. This worker will have caseload responsibility for pregnant women and two categories of children under the Medically Indigent Medicaid Program. Duties include screening potential applicants, taking applications, obtaining verifications and processing applications in these three program areas. This contract is for one year and this position must be reviewed at the end of that time by Social Services and the Health Department to measure its effectiveness and desired continuance. FISCAL IMPACT: The cost of the Benefit Program Worker position, including salary, benefits and mileage, will be reimbursed 100 percent by the Virginia Department of Social Services. The Roanoke County Department of Social Services will submit monthly claims, after expenses are incurred, for this reimbursement. Reimbursement would follow in approximately 30 days. The estimated cost of the Benefit Program Worker position is $18,538. This would fund the position from October 1992 through June 1993. STAFF RECOMMENDATION: Staff recommends an appropriation of $18,538 for the employment of the Benefit Program Medicaid Worker with a corresponding increase in our budgeted revenue from the State. Respectfully submitted, �Z� 6�-nj , Betty . McCrary, Ph.D. Director of Social Services Approved by, Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: H. Odell Minnix No Yes Abs Denied ( ) Received ( ) Referred ( ) To cc: File Eddy x Johnson x Kohinke x Minnix x Nickens x Betty R. McCrary, Director, Social Services D. Keith Cook, Director, Human Resources Diane D. Hyatt, Director, Finance Reta R. Busher, Director, Management & Budget RECEIVED VROE OF ft"TY COMMiSSNER -1 FWAKE & ADMt> USTRATIOI JUN 25 1992 Dept. 0( hOm 9KTIC S . pl D U JUN - 5 1992 tiezYk,r _ d( 2 MEDICAID 9c�o ee�L, o ELIGIBILITY DETERMINATIONS cl- .A EMENT.OF ELIGIBILITY DETERMINATION STA AT DESIGNATED HEALTH DEPARTMENTS - AGREEMENT ��EIVED WARIVENT OF WEALTH �. 0't� �t Ccasonss:erer JUN 2s 1"2 Between 4. OF SOCIAL SERVICEs;ieterrae to ;NOKEREGIONALOFFICE The State Health Department The Virginia Department of Social Services p 'r 4` N'D Roanoke County De artment of Social Se`1-vic co, of lfie Bud,.et ruN 29 1992 ARTICLE I PURPOSE. pt. This Agreement is entered into as of the date specified below by and between Roanoke County Department of Social Services hereafter referred to a.s the Local DSS, The State Health Department hereafter referred to as Health Department, and the Virginia Department of Social Services, hereafter referred to as VDSS to locate a Medicaid worker, hereafter referred to as Health department eligibility Worker (HDEW), on-site at the Health Department. The Local DSS and the Health Department agree to use the HDEW exclusively for the purpose outlined in this Agreement. The Local DSS is specifically prohibited from using the HDEW for any purpose other than completing cases originating through the Health Department. Effectiveness of this project will be determined by a measurement of -the following criteria:., a. Increased reimbursement by Medicaid due to increased Medicaid enrollment when compared to the one year period immediately prior to the effective date of the contract. b. Increased numbers of medically indigent eligibles enrolled in Medicaid when compared to the one year period immediately prior to the effective date of the contract. C. -Increased numbers of pregnanteligibles enrolled in Medicaid within 10 days of the date of the application for Medicaid when compared to the one year period immediately prior to the effective date of the contract. E—,2 ARTICLE II. FUNCTIONS TO BE PERFORMED BY HDEW A. Application Acceptance and.Processing Medicaid Applications - Health Department patients referred to the HDEW shall have all the rights and privileges of any other applicant for assistance. Health Department personnel will' refer for Medicaid eligibility determination all potentially eligible medically indigent patients. a. Eligibility Criteria - Eligibility for Medicaid will be determined using all applicable rules, regulations, and policies governing the general population applying for Medicaid. 1) Each HDEW shall be supplied a copy of the Medicaid Manual by the Local DSS. It -shall be the responsibility of each HDEW to keep the Medicaid Manual current -with all revising transmittals. 2) All forms necessary to process Medicaid applications shall be ordered by the appropriate local DSS through the usual procedures and made available to the HDEW. b. Case Development - The HDEW shall process all Medicaid applications taken at the Local Health Development for pregnant women and children who are residents of the HDEW's locality. Completed cases shall be forwarded daily to the local DSS for immediate enrollment. 1) Applications for patients from other jurisdictions will be forwarded by the HDEW, unprocessed, to the city or county of residence. 2) Medicaid eligibility must be determined in conformity with processing standards contained at Part II, Chapter A, of the Medicaid Manual. Therefore, no local DSS processing procedures shall encumber or delay certifying and enrolling eligible cases. B. Confidentiality of File Information Confidentially of client information contained in existing files (both paper and electronic) is -to be protected, and access to Medicaid eligibility files shall be.limited to the HDEWs and Local Departments of Social Services. - 2 - B. 2. Information released to Health Department personnel shall be limited to information authorized for dissemination in accordance with the applicant Release of Information. It shall be released in a manner consistent with efficiency and non -duplication of effort among the Medicaid, WIC, and medical services programs. 3. Information maintained by or which can be secured by the local DSS shall be shared with the HDEW when necessary to: determine eligibility for Medicaid -under this Agreement. .This includes sDX information and local public records. Health Department Eligibility Workers - Organization 1. Caseload Standards. The HDEW shall be an employee of the local DSS but shall not count in the determinations of local staffing needs. 2. Staffing level will be one full time position. This staffing level will be re-evaluated by representatives of the parties to this Agreement after six months of operation to determine its applicability and the need to make adjustment. 3. Training - The HDEWs shall be treated as other eligibility workers as regards provision of Medicaid program training and technical assistance. The HDEW shall undergo training of not more than one week in the local DSS after which time the HDEW shall be on location in the local Health Department. 4. Coverage - HDEW shall be available to take applications at the Local Health Department during Local Health Department's prenatal clinics and at other times agreed to by the Local DSS and Health Department. 5. Performance Standards - Performance Standards applicable to other Medicaid workers shall be the performance standards applicable to the HDEW. 6. Job Classification - The HDEW shall be employed in the same personnel classification and be afforded the same benefits as any other local Medicaid worker in the Local DSS, except that their employment is restricted to the life of this project. 7. Relationships -The Health Department, the HDEW, and their employing.agencies shall cooperate to the mutual benefit of both by sharing informational materials, -,..conducting-joint staff meetings, and providing each ..worker with periodic reports of work performed such as: V� referrals made, application approvals and costs of services paid, subject to the confidentiality -•--requirements in Article II', B. 8. Liaison - Each of the parties to this Agreement shall designate a contact person for dissemination of information about job functions; operating procedures, and problem resolution. D. Equipment 1. The Health Department will provide, at no cost to this project, necessary secure space -and equipment for the eligibility worker, such as desk,.chair,reasonable office supplies, and'other furniture and equipment necessary for performance of`the contract. .2. The Local DSS.will provide support for purposes of tracking referred patients and compiling statistical reports in MAPPER. ARTICLE III COSTS A. This project, whereby local workers will be physically located at the Health Department will use funds appropriated to the State Health Department to fund the non -federally matched portion of the costs of maintaining the HDEW. B. Procedures• 1. The Local DSS shall submit monthly to the VDSS individual claims for 100 percent reimbursement of personnel costs for the HDEW. a. Each claim for reimbursement shall be submitted on form DA -20-250, Accounting Voucher. b. Each monthly claim shall be reimbursed by the VDSS at 100 percent of costs. 2. The VDSS shall submit monthly -to DMAS, separately identifiable from other federal claims for Medicaid administration reimbursement all claims of administrative expenditures associated with operation of this Agreement. - The Health Department agrees to reimburse the VDSS through an Interagency Transfer of funds for any costs ..for which federal reimbursement does not equal 100 :=percent of such State agency reimbursement made for the Y. month. The Interagency Transfer Invoice will be 'forwarded by the tenth working day -of the month following the covered period. - 4 - ARTICLE IV MAINTENANCE OF RECORDS 1. Administrative Records - Records of administrative costs shall, be maintained separate from other local DSS and Health Department records for evaluation and determination of the ultimate effectiveness of the project. 2. Applications Separate identification shall be maintained of all referrals made by Health.Department personnel to the HDEW. Referrals will be tracked and the outcome recorded as either approved, denied, or failure/refusal to.follow through. 3.. Approved cases will be.tracked.and total expenditures under. Medicaid to the Health Department and other providers will be periodically gathered into reports by Central Office staff. ARTICLE V TERM OF AGREEMENT This Agreement shall begin after all parties have signed this Agreement and when personnel have been employed and/or reassigned to the Health Department site. An effectiveness evaluation shall be conducted by representatives of this Agreement after the site has been fully operational for twelve months. After completion of the twelve month effectiveness evaluation, any party to this Agreement may terminate its participation in this project with or without cause upon sixty days notice in writing to the other parties. In lieu of such action, this Agreement shall remain in effect until modified by mutual consent or operation of law. Interim evaluations, problem identification and resolution sessions will be held quarterly after the first six-month review, on an as needed basis throughout the life of this Agreement. - 5 - SIGNATURE SHEET Agreement for placement of eligibility worker/at the Roanoke County/Sal Health Department between: .The State Health Department The Virginia Department of Social Services Roanoke County Department of Social Services -I hereby agree to the terms of -this agreement: �. (Signed) La y.D. ackson, Co mis ioner tate Department of Social Services (Dated) C Betty R. McCrary. Ph.D. , Diredtor Roanoke County Department of Social Services Robert Stroube, M.D. State Health Commissioner State Health Department (Dated) (Signed) (Dated) . (Signed) (Signed) Margaret L. agan, M. Alleghany alth Director (Dated) 6 _ A-92292-4 ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1992 AGENDA ITEM: Approval of Recommendation to Implement Removal, Remedial and Closure of Dixie Caverns Landfill COUNTY ADMINISTRATOR'S COMMENTS: This is a request for funding of an existing vacant position. The work cannot be absorbed by the staff without serious impact on other critical projects. The Board should either fund the request or contract for these services. EXECUTIVE SUMMARY: This report was originally submitted to the Board on September 8, 1992. At that time the Board requested additional information with respect to projected costs for outside consultants to peform these services. Staff recommends that the Board of Supervisors approve the hiring of additional County staff and the purchase of equipment to perform the actions necessary to implement the removal, remedial and closure actions required for Dixie Caverns landfill as required by the U.S. Environmental Protection Agency (EPA) . On August 12, 1992 the Board of Supervisors authorized the execution of an "Administrative Order by Consent for Removal Action." This Removal Consent Order will address the contaminated stream sediment and soil. The effective date of this Order is August 28, 1992. In September of 1992, the County will be required to execute a Consent Decree, which will address the flyash pile. The purpose of this action is to achieve a final, permanent remedy to this problem. While implementing both the Removal Consent Order and the Remedial Consent Decree, the County will work closely with Roanoke Electric Steel (RES) to achieve a reasonable, safe and effective solution to these environmental problems, in accordance with the cost-sharing agreement approved on August 12, 1992. Finally when these are completed to the satisfaction of EPA, the County shall commence the closure of the sanitary landfill in accordance with applicable state and federal regulations. The 1992 session of the Virginia General Assembly adopted legislation providing a "window of opportunity" until October of 1993 to E -y achieve closure in accordance with the less stringent federal (Sub- title D of RCRA) regulations. Funds for the closure are included in the November 3, 1992 bond referendum. SUMMARY OF INFORMATION: The Engineering Department and George W. Simpson, III, P.E. have been designated as "Project Coordinator" for these three projects. County resources and personnel have been reallocated to this department to handle the increased workload. At this time staff believes that County resources and personnel can best be utilized in a construction or project management, oversight and inspection role, coordinating the work of outside contractors and subcontractors. It is anticipated that handling these projects "in-house" in this manner will result in significant savings of taxpayer funds. The nature, scope and timing of these critical Dixie Caverns projects, and the allocation of County personnel to implement these projects, may result in delays in implementing other projects assigned to the Engineering Department. This recommendation to implement the removal, remedial, and closure actions at Dixie Caverns includes the following: - role of County staff: construction project management and inspection; - hire Olver, Inc. to provide engineering design, prepara- tion of EPA required work plans, technical support for removal and remedial projects; - authorization to hire contractors and subcontractors to perform work required; - authorization to hire additional County personnel (one additional employee to oversee contractors, inspect and direct all construction activities, insure that local, state and federal regulations are complied with, make field decisions, document removal activities, and maintain accurate records); this position would be a "Construction Inspector;" and purchase required equip- ment (one additional four-wheel drive vehicle and safety equipment). commitment to appropriate additional funds as required to accomplish these projects. L —4 FISCAL IMPACTS• On August 12, 1992, the Board appropriated $100,000 to accomplish the purposes of the Removal Consent Order. Staff will return to the Board for additional appropriations as necessary. Staff estimates the following additional costs at this time: Construction inspector Four-wheel drive vehicle Safety training and equipment $38,000 (salary and fringe benefits) 16,000 1,000 Mr. Simpson has gathered the additional information requested by the Board for outside consultant costs to handle these responsi- bilities. It is difficult to give exact figures due to the nature of the project. The scope and projected costs are not well defined and there are many variables that will come in to play during the project. One way to look at projected costs of construction management are to consider our best guess of total project costs - in the range of $4,000,000 to $9,000,000. Based on "Means Building Construction Cost Data", fees for construction management should be in the range of 2.5% to 4.0%. This would result in a range of fees of $100,000 to $360,000 (see attached copy from Means). Another way to look at projected costs is based on a per hour basis for consulting engineers to provide this service (see attached rate schedule). As you can see, the cost of a resident inspector for the project would be $72,800 per year, not including reimbursable expenses (i.e. travel, supplies, etc.). The rate schedule also gives you a good idea of some of the hourly costs that would be associated with managing this type of project on a contract basis -from the project administrator on down to secretari- al time. Also note the costs of reimbursable expenses. Perhaps the best way to make a valid comparison of the projected costs for construction management is to look at the Spring Hollow Reservoir Project and what we are spending in consulting fees (see copy of summary). Direct costs are multiplied by a factor of 2.75 to obtain billing rates. For a resident project representative the cost would be $17.42 x 2.75 = $47.51 per hour. Additionally, all reimbursable expenses are billed at 110% of actual costs. Note under reimbursable expenses the travel expense of $18,257.44 that will also be billed at 110%, or $20,083.18. The total construction phase services proposal amounts to $1,800,000 for this project. For these reasons staff believes that it is far more cost effective and efficient to handle this project "in-house". E -y ALTERNATIVES• 1) Construction project management and inspection by Engineering Department, with additional staff and equipment as necessary, to implement the removal, remedial, and closure projects at Dixie Caverns landfill. 2) Retain outside consultants to handle all phases of the removal, remedial, and closure projects at Dixie Caverns landfill. STAFF RECOMMENDATION: Staff recommends alternative 1. Approved Denied Received Referred to Respectfully submitted, lyr vv t Paul M. Mahoney County Attorney Action Vote No Yes Abstain yJ Motion by Harry C- Nickens, to . -acirlit-innal staff .. .. ancl g-Quipmg-nt-, Alt #1 Eddy Johnson Kohinke Nickens Minnix cc: File c:\wp51\agenda\dixk\proj.rpt Paul M. Mahoney, County Attorney Arnold Covey, Director, Engineering & Inspections Clifford Craig, Director, Utilities D. Keith Cook, Director, Human Resources Diane D. Hyatt, Director, Finance Reta R. Busher, Director, Management & Budget x X x AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1992 RESOLUTION 92292-5 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A FINANCING FOR PUBLIC SCHOOL PURPOSES WHEREAS, the Board of Supervisors of Roanoke County, Virginia, ("County") and the School Board of the County have determined that it is necessary or desirable to advance money to pay the costs of acquiring land necessary for a new high school for the County ("Project") and to reimburse such advances with proceeds of one or more financings. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia: 1. That the Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.103-18. 2. That the Board of Supervisors reasonably expects to reimburse advances made or to be made by the County or the School Board of the County to pay the costs of acquiring the Project from the proceeds of its debt or other financings. The maximum amount of debt or other financing expected to be issued for such purpose is $750,000. 3. That beginning no later that 30 days after the adoption of this resolution and ending on the date on which the debt or other financing is issued, this resolution will be reasonably available for inspection by the general public during normal business hours, at the office of the County Administrator. 1 4. That this resolution shall take effect immediately upon its adoption. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Diane Hyatt, Director, Finance Dr. Bayes Wilson, Superintendent, Roanoke County Schools 2 A-92292-6 ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1992 AGENDA ITEM: Request to Extend Valley Metro Service into Roanoke County COUNTY ADMINISTRATOR'S COMMENTS. SUMMARY OF INFORMATION: The County of Roanoke recently received requests from residents and businesses to extend two of Valley Metro's routes into Roanoke County. The first would be along Brambleton Avenue from its present termination point on Red Rock Road near Wilson's Restaurant to a point beyond Brambleton Corporate Center to serve the needs of the Virginia Department of Rehabilitative Services. A second request is to extend the route along Williamson Road to serve Hollins Manor Home for Adults. Outlined below is a history of the County's participation with Valley Metro for routes within the County, alternatives for meeting these requests for additional service and the needs of the residents. BACKGROUND• Valley Metro is operated by the greater Roanoke Transit Company to provide local mass transit facilities to the residents of the City of Roanoke and to certain other areas as contracted by adjoining localities. The formula for determining the adjoining localities' subsidy is outlined below: (Route miles in the Locality x Variable Cost per mile [$1.751) - Revenue 2 *Plus an estimate of the cost to extend STAR service as required. In addition to this subsidy, the Fixed Route Service offered by Valley Metro has been expanded as a result of the Americans with Disabilities Act to provide Specialized Transit Service (STAR) for disabled persons. The locality would likewise be billed for 50% of the cost of this service. Currently, Valley Metro extends two routes into Roanoke County. The first extends from Avenham Avenue to Tanglewood Mall and back into the City utilizing Ogden Road and Colonial Avenue. A second route follows Hershberger Road to Edinburgh Square and back into the City using Plantation Road. Based upon current ridership, a modest profit is realized by Valley Metro from the Tanglewood route to offset the expense of the Edinburgh Square route so that the County has not had to subsidize these two routes. From November, 1987 through July, 1989, Valley Metro also operated an extension along Brambleton Avenue from its terminus beside Wilson's Restaurant to Postal Drive (at the Roanoke Orthopedic Center). At the time this route was terminated there were approximately 1,900 passengers annually requiring a subsidy from Roanoke County in the amount of $30,181. The Board of Supervisors voted on April 25, 1989, to discontinue. Requests for New Services: Extension along Brambleton Avenue to the Brambleton Corporate Center Requests have been made to extend Valley Metro service along Brambleton Avenue to the Brambleton Corporate Center. The least expensive route, as designated by Valley Metro, would require a subsidy for basic service of approximately $4,500 per year. Also required will be the removal of nine parking spaces and the relocation of three others at the Brambleton Corporate Center to allow the safe maneuvering of the buses. Other alternatives were considered; however, they are more costly because many of the side streets are not large enough to accommodate the width of the bus, particularly when meeting other large vehicles. In addition to the subsidy for basic service, the County would also be responsible for 50% of the cost of expanding STAR service to the extended area, which could be an additional $4,500 per year. Request for Service to Hollins Manor The County has received two requests to consider extending Valley Metro service to the Hollins Manor Home for Adults in the North County area. Valley Metro has suggested two alternate routes for this. The first would go from Crossroads Mall, along Williamson Road to Hollins Manor and Hollins College and then return to the City along the same route. The second would travel along Williamson Road to Hollins Manor, on to Hollins College, and return along Plantation Road and Hershberger Road to the Crossroads Mall area. The estimated cost of the subsidy to provide either of these routes would be $28,775 annually (less 50% of the revenue from the route) for full service or $48,851 annually for an abbreviated service which would provide trips during the morning and early evening hours. Either of these two proposals would require an additional subsidy of approximately $4,700 per year to 2 ZF- cover the cost of the STAR service to the expanded area. ANALYSIS: The County has contracted with the Unified Human Services Transportation System, Inc. (RADAR) to provide CORTRAN services to residents of Roanoke County. CORTRAN services include curb -to - curb transportation to any qualified County resident to and from points inside Roanoke County (including destinations inside Roanoke, Salem and Vinton). It does not, however, offer this service to the residents of the City of Roanoke. Basically, their needs are met through the STAR service provided by Valley Metro. To qualify for CORTRAN service, the resident must be sixty or older with an identification card from the League of Older Americans or be physically challenged and have an identification card indicating that they have met the qualifications from the Easter Seal Society. CORTRAN uses wheelchair -equipped vans to assist in this service. The STAR service (Specialized Transit -Arranged Rides) provides similar transportation facilities for persons living within three- quarters of one mile of an existing Valley Metro route. This basically includes the residents of the City of Roanoke and persons that live within three-quarters of a mile of a route that extends into an adjacent locality. Staff feels that because the Brambleton Corporate Center is located within three-quarters of a mile of the existing terminus of a Valley Metro route, that the needs of City residents to utilize this facility may be met through the STAR Service. County residents can be accommodated through the use of CORTRAN service without requiring an extension of Valley Metro along a new corridor. Eligible residents of Hollins Manor, as County residents, would likewise have the benefit of CORTRAN service to provide for their transportation needs. CORTRAN has suggested that its facilities are nearing capacity and that any appreciable increase in service desired by County residents could require the addition of one van plus associated operating cost. An estimated budget of $20,000 was suggested including $6,000 for the lease of a van and $14,000 for operating expenses. Considering this alternative, the County may wish to expand the scope of persons eligible to utilize CORTRAN services to include persons challenged by mental disabilities in addition to those challenged by physical disabilities. This type of improvement could be beneficial to all residents of Roanoke County instead of to limited transportation service areas such as along Williamson Road, Brambleton Avenue, etc. 3 F-'7 FISCAL IMPACT AND ALTERNATIVES: 1. Do not alter the existing service levels now and consider any alternatives as a part of the normal budget process for the fiscal year to begin July 1, 1993. 2. Expand the CORTRAN service to provide one additional van plus operating expenses ($20,000) and include persons challenged with mental disabilities meeting certain eligibility criteria. This benefit could be to residents County -wide. 3. Extend Valley Metro service along Brambleton Avenue to the Brambleton Corporate Center at an approximate annual cost of $9,000 per year for basic services plus STAR service. 4. Extend Valley Metro service to Hollins Manor using the limited service program (mornings and early evening service) at an annual cost of $19,541 which includes basic service plus STAR service. 5. Extend Valley Metro to Hollins Manor using full service at an annual cost of $33,475 including basic service and STAR service. 6. Extend Valley Metro service to both the Brambleton Corporate Center and Hollins Manor using the full service criteria at an annual cost of $42,475. 7. Make no changes now and suggest that the businesses (Brambleton Corporate Center and Hollins Manor) contract individually with Valley Metro or other appropriate transportation services to provide mass transit facilities or to consider vans or other transportation services from their own facility. STAFF RECOMMENDATION: Staff recommends Alternative #1 (no alterations to services at this time) and that the alternatives be considered as part of the normal budget process for the 1993-94 fiscal year. Respectfully submitted, Approved by, lei ohn M. Chambliss, Elmer C. Hodge Assistant County Administrator County Administrator 4 ACTION VOTE E-7 Approved (x) Motion by: H_ Odell Minnix No Yes Abs Denied ( ) motion to approve staff Eddy x Received ( ) recommendation to defer any Johnson x Referred ( ) decision to the 1993-94 hudget Kohinke x To ( ) process, Alt #1 Minnix x Nickens x cc: File John C. Chambliss, Jr., Assistant County Administrator 5 r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1992 ORDINANCE 92292-7 AMENDING AND REENACTING SECTION 7-61 OF THE ROANOKE COUNTY CODE TO PROVIDE FOR THE ADOPTION OF A PORTION OF VOLUME II "BIIILDING MAINTENANCE CODE'@ OF THE UNIFORM STATEWIDE BIIILDING CODE, AND TO ADOPT SUCH PROVISIONS TO REQUIRE THE REMOVAL OR REPAIR OF UNSAFE BUILDINGS AND STRUCTURES WHEREAS, Section 15.1-11.2 of the Code of Virginia, 1950, as amended, authorizes the Board of Supervisors to provide by ordinance for the removal or repair of any building or structure which might endanger the public health or safety, for agents and employees of the County to remove or repair such buildings or structures after reasonable notice, for the recovery of the County's costs and expenses of repair or removal, and for the assessment of a lien for unpaid charges; and, WHEREAS, Volume II, "Building Maintenance Code", of the Virginia Uniform Statewide Building Code, provides that any local government may enforce the Building Maintenance Code, or any portion of the code; and, WHEREAS, Chapter 6 of Title 36 of the Code of Virginia, 1950, as amended, authorizes local governing bodies to adopt and enforce this Uniform Statewide Building Code, and that this authorization will not prevent the adoption of other local ordinances in accordance with Title 15.1 of the State Code; and, WHEREAS, the Board of Supervisors of Roanoke County, Virginia, hereby determines that it is in the public interest to adopt a portion of the Building Maintenance Code to address the problem of unsafe buildings, which shall be declared to be a public nuisance 1 and unfit for human habitation and shall be made safe through compliance with this portion of the code and shall be vacated, and either secured against public entry or taken down and removed as directed by the building commissioner; and, WHEREAS, the first reading of this ordinance was held on September 8, 1992, and the second reading of this ordinance was held on September 22, 1992. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1) That Section 7-61 of the Roanoke County Code is hereby amended and reenacted as follows: $ulld!tgGede wherg--eeRstruetnd, if_ ansuehbuiiding er st 1 beeemes ;ins-, fzA , tshall besubj eet- tetthep=-- . - . —s e€ sueh Sec. 7-61 Adoption There is hereby adopted by the board of supervisors insofar as not inconsistent with the laws of the State this Code and the ordinances of the County, for the purpose of establishing rules and recrulations for the protection of the public health or safety as a result of an unsafe building or structure a Portion of that certain code known as the Virginia Uniform Statewide Building Code Volume II. Building Maintenance Code Section 105.0 "Unsafe Buildings". as the same may, from time to time be amended This 2 portion of said code is hereby adopted and incorporated as fully as if set out at length herein and the provisions thereof shall be controlling in the inspection enforcement repair removal and securing -of buildings or any other structures within the County and within the Town of Vinton. 2) That this ordinance shall be in full force and effect from and after October 1, 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: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Circuit Court G. O. Clemens, Judge Kenneth E. Trabue, Judge Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, II, Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George W. Harris, Jr., Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Paul M. Mahoney, County Attorney John H. Cease, Police Chief Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Dir., Finance O. Arnold Covey, Dir., Engineering & Inspections Terrance L. Harrington, Dir., Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Thomas C. Fuqua, Chief, Fire & Rescue Gardner W. Smith, Dir., General Services Dir., Parks & Recreation Elaine Carver, Dir., Procurement John D. Willey, Dir., Real Estate Assessment Michael J. Lazzuri, Court Services Magistrates Sherri Krantz/Betty Peery Main Library Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1992 ORDINANCE 92292-8.a AMENDING AND REENACTING SEC. 3-5. SMOKING PROHIBITED., SEC. 3-8. EXEMPTIONS., SEC 3-10. POSTING REQUIREMENTS. AND SEC. 3-12. ENFORCEMENT. OF ARTICLE II, ROANOKE COUNTY SMOKING POLICY OF CHAPTER 3, AIR POLLUTION OF THE ROANOKE. COUNTY CODE REGARDING EXCEPTIONS TO AND ENFORCEMENT OF THE VIRGINIA INDOOR CLEAN AIR ACT. WHEREAS, the "Roanoke County Smoking Policy" was adopted in 1990 to make effective within the County of Roanoke the provisions of the "Virginia Indoor Clean Air Act," Chapter 8.1 of Title 15.1 of the Code of Virginia, 1950, as amended; and WHEREAS, the 1991 and 1992 sessions of the General Assembly of Virginia have adopted certain amendments to the "Virginia Indoor Clean Air Act" which require corresponding amendments to the "Roanoke County Smoking Policy;" and WHEREAS, the first reading of this ordinance was held on September 8, 1992; and the second reading was held on September 22, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Sec. 3-5. "Smoking prohibited," SEC. 3-8. Exemptions," Sec. 3-10. "Posting requirements" and Sec. 3-12. "Enforcement" of Article II, "Roanoke County Smoking Policy" of Chapter 3, "AIR POLLUTION" be amended and reenacted as follows: Sec. 3-5. Smoking Prohibited. It shall be unlawful for any person to smoke in any of the following places: :............;;:::::::<:�:......:.;;:<:<. Elevators, regardless of capacity, ec?<> ::s `en ........ .....,.:...............::: :;;. : Arial h�3iS;;;;;atO��tc3tntendec ft�tse by the ti; Sec. 3-8. Exemptions. A. Provisions of this Article shall not be construed to regulate smoking in the following areas: 2. Retail it t ob ac co sto c�ba� o to phot ses p� tob. Sec. 3-10. Posting Requirements. Any person who owns, manages, or otherwise controls any building or area in which smoking is regulated by this Article shall post signs cois tp ptbliC�, stating "Smoking Permitted" or "No Smoking,$$ and in restaurants, signs conspicuous to ordinary public view at or near each public entrance stating "No -Smoking Section Available." Sec. 3-12. Enforcement. The provisions of this Article shall be enforced by any October 1, 1992. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: 2 AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors File Circuit Court G. O. Clemens, Judge Kenneth E. Trabue, Judge Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, II, Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George W. Harris, Jr., Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Paul M. Mahoney, County Attorney John H. Cease, Police Chief Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Dir., Finance O. Arnold Covey, Dir., Engineering & Inspections Terrance L. Harrington, Dir., Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Thomas C. Fuqua, Chief, Fire & Rescue Gardner W. Smith, Dir., General Services Dir., Parks & Recreation Elaine Carver, Dir., Procurement John D. Willey, Dir., Real Estate Assessment Michael J. Lazzuri, Court Services Magistrates Sherri Krantz/Betty Peery Main Library Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1992 ORDINANCE 92292-8.b AMENDING AND REENACTING SEC. 4-86. DEFINITIONS., SEC. 4-90. PARTICIPATION IN MANAGEMENT, OPERATION OR CONDUCT GENERALLY., SEC. 4-95. LIMITATION ON VALUE OF PRIZES., SEC 4-96. FINANCIAL RECORDS AND REPORTS GENERALLY., SEC. 4-97. CERTIFICATE TO ACCOMPANY FINANCIAL REPORT., SEC 4-100. LIMITATION ON FREQUENCY OF BINGO GAMES., SEC 4-101. RESTRICTIONS ON USE OF GROSS RECEIPTS FROM BINGO GAMES OR RAFFLES., SEC 4-113. QUALIFICATIONS OF APPLICANT., AND SEC. 4-117. VALID ONLY IN COUNTY AND AT DESIGNATED LOCATIONS; EXCEPTION. OF ARTICLE V. BINGO GAMES AND RAFFLES OF CHAPTER 41 AMUSEMENTS OF THE ROANOKE COUNTY CODE WHEREAS, § 18.2-340.8 of the Code of Virginia, 1950, as amended authorizes the governing body of any county to adopt an ordinance for the purpose of regulating any bingo game or raffle within such county as long as not in conflict with the provisions of Article 1.1, Bingo and Raffles, of Chapter 8 of Title 18.2 of the Code of Virginia; and WHEREAS, the 1992 Session of the General Assembly has adopted amendments to the above mentioned Article 1.1, Bingo and Raffles, which necessitate corresponding amendments to the Roanoke County Code to remove any conflict between the County Code and the Code of Virginia; and WHEREAS, the first reading of this ordinance was held on September 8, 1992; and the second reading was held on September 22, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Article V. Bingo Games and Raffles of Chapter 4, AMUSEMENTS of the Roanoke County Code is hereby amended and reenacted as follows: Sec. 4-86. Definitions. For the purpose of this article, the following words shall have the meanings ascribed to them in this section: Raffle means a lottery in which the prize is won by a random 2 one thousand dollars ($1,000.00), nor shall the total amount of jackpot prizes awarded in any 3 calendar day exceed one thousand dollars ($1,000.00). Sec. 4-96. Financial records and reports generally. (a) Complete records of all receipts and disbursements shall be kept by every organization holding a permit under this Article. Such records shall be filed annually, under oath, with the commissioner of ' il-'revenue. All such accounting shall be made on or before the first day of ila of each calendar year for which a permit has been issued. Such accounting shall include a record of the gross receipts and disbursements of the organization for the year period which commenced on October 1 of eP year `: <>:af«<. taon 1e.. ossessz�z f previous gross receipts exceed fifty thousand dollars ($50,000.00) during any calendar quarter shall be required to file an additional accounting of its receipts and disbursements during such quarter, no later than sixty (60) days following the last day of the quarter. (b) The term "gross receipts," as used in this section, shall mean the total amount of money received from bingo and "instant bingo" operations before the deduction of expenses or prizes. (c) All reports of receipts and disbursements required by this section shall be made on a form *OMWWW" c pp owed by the Board of Supervisors and duly 4 acknowledged in the presence of an authorized notary public. (d) The failure to file the reports required by this section when due shall cause the automatic revocation for the permit issued under this Article and the organization involved shall not conduct any bingo game or raffle thereafter until such report is properly filed and a new permit is obtained. (e) The reports and other items required to be filed under this section shall be a matter of public record. Sec. 4-97. Certificate to accompany financial report. The financial report required by section 4-96 shall be accompanied by a certificate, verified under oath, by the board of directors of the organization that the proceeds of any bingo games or raffles have been used for those lawful, religious, charitable, community or educational purposes for which the organization is specifically chartered or organized and that the operation of bingo games or raffles has been in accordance with this article. `x� Any organization having annual gross receipts from bingo 5 two (2) calendar days in any one calendar week, except that a special permit may be granted an organization which entitles such organization to conduct more frequent operations, during carnivals, fairs and other similar events, at its principal meeting place or any other site selected by such organization which is located in the county and does not violate any other ordinance of the county. The sponsoring organization shall accept only caster++ an in payment of ::;.:..........................:..:...:.:::::::.;;:;<. Y charges g or assessments for players to participate in bingo games. (b) No building or other premises shall be utilized, in whole or in part, for the purpose of conducting bingo games more frequently than two (2) calendar days in any one calendar week; 0 provided however, that the provisions of this subsection shall not apply to the playing of bingo pursuant to a special permit issued in accordance with subsection (a) above. No building or other premises owned by an organization as defined in section 4-86 which is qualified as a tax exempt organization pursuant to Section 501 (c) of the United States Internal Revenue Code shall be utilized in whole or in part for the purpose of conducting bingo games more frequently than four (4) calendar days in any one calendar eC ............... ............... ............... year. One building or premises owned by the county shall also be exempt from the provisions of this subsection. Sec. 4-101. Restrictions on use of Gross Receipts from Bingo Games or Raffles. E�ep� �o� ��asonab�e a:rid•••p�ope� oper��.ng.••.c�st�t»».nc�ud�.ng :•:. [State law reference - Similar provisions, Code of Virginia, § 7 i -.4.0. . Sec. 4-113. Qualifications of applicant. Prior to the issuance of a permit under this division, the applicant organization must meet the following requirements: (1) Except for recently established volunteer fire and rescue companies or departments after county approval, such organization shall have been in existence and met on a regular r b as is in the cou nt y ...... �;..> t�wrt for a period of at least two years immediately prior to making application for such permit Iri;rio base sha.i the vrg3r�zaan appy fQr ar ma m A permit P may be issued, however, to an organization which relocates its meeting place, on a permanent basis, from another jurisdiction to the county and which complies with the requirement of this subparagraph, provided such organization was the holder of a valid permit at the time of such relocation. (2) Such organization shall be operated currently and shall have always been in existence as such nonprofit organization for a period of at least two (2) years immediately prior to making application for the permit. (3) Any organization whose gross receipts from all bingo operations exceed, or can be expected to exceed, seventy- five thousand dollars ($75,000.00) in any calendar year shall have been granted tax-exempt status pursuant to section 501 >'-G of the United States Internal Revenue 8 Sec. 4-117. valid only in county and at designated locations; exception. A permit issued under this division shall be valid only in this county and only in such locations as are designated in the permit applicationide� However, that an organization which XXI has obtained a permit to conduct a raffle may sell such raffle 1992. 2. The effective date of this ordinance shall be October 1, On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: yyj OL.� 7� Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Circuit Court G. O. Clemens, Judge Kenneth E. Trabue, Judge Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, II, Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George W. Harris, Jr., Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Paul M. Mahoney, County Attorney 10 John H. Cease, Police Chief Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Dir., Finance O. Arnold Covey, Dir., Engineering & Inspections Terrance L. Harrington, Dir., Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Thomas C. Fuqua, Chief, Fire & Rescue Gardner W. Smith, Dir., General Services Dir., Parks & Recreation Elaine Carver, Dir., Procurement John D. Willey, Dir., Real Estate Assessment Michael J. Lazzuri, Court Services Magistrates Sherri Krantz/Betty Peery Main Library Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1992 ORDINANCE 92292-8.0 AMENDING AND REENACTING SEC. 7-68, REPAIR OR DEMOLITION BY COUNTY OF ARTICLE IV. UNSAFE BUILDINGS AND STRUCTURES OF CHAPTER 7, BUILDING REGULATIONS OF THE ROANOKE COUNTY CODE CONCERNING LIENS AGAINST REAL ESTATE FOR COST OF REPAIR OR DEMOLITION WHEREAS, Sec. 7-68, "Repair or demolition by county.,, provides for a lien against the real estate for the cost of any repair or demolition work performed by the county pursuant to Article IV of Chapter 7 of the County Code; and WHEREAS, the General Assembly of Virginia has recently amended § 15.1-11.2 of the Code of Virginia, 1950, as amended, to provide that liens for repairs or demolition to property performed by a locality shall have the same dignity as liens for unpaid taxes and shall be enforceable in the same manner; and WHEREAS, the first reading of this ordinance was held on September 8, 1992; and the second reading was held on September 22, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Sec. 7-68. "Repair or demolition by county" of Article IV. "UNSAFE BUILDINGS AND STRUCTURES" of Chapter 7 "BUILDING REGULATIONS" of the Roanoke County Code be amended and reenacted as follows: Sec. 7-68. Repair or demolition by county. If a notice given pursuant to section 7-66 is not complied with, the county may proceed to repair or demolish the unsafe building or structure, and the cost to the county of such work shall be and constitute a lien against the real estate upon which such work ;..<:.,;;::;:,;;>:.:.;;::.;:.:.:.::.;:<.>:.:<.;:.v.:<.;:;.;:.:.:.:::::::.:.:.:::::..:::.............. rk is performed. ..< ...:::: >::::. .....,;>::. .. a.en six. rank �h a �v 2 ens 1992. 2. This ordinance shall be in effect from and after October 1, On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: `h 'V. Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Circuit Court G. O. Clemens, Judge Kenneth E. Trabue, Judge Steven A. McGraw, Clerk Family Court_ Services Joseph M. Clark, II, Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George W. Harris, Jr., Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue 2 Paul M. Mahoney, County Attorney John H. Cease, Police Chief Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Dir., Finance O. Arnold Covey, Dir., Engineering & Inspections Terrance L. Harrington, Dir., Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Thomas C. Fuqua, Chief, Fire & Rescue Gardner W. Smith, Dir., General Services Dir., Parks & Recreation Elaine Carver, Dir., Procurement John D. Willey, Dir., Real Estate Assessment Michael J. Lazzuri, Court Services Magistrates Sherri Krantz/Betty Peery Main Library Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book V AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22,1992 ORDINANCE 92292-8.d AMENDING AND REENACTING SEC. 9-18. ENFORCEMENT OF ARTICLE II. VIRGINIA STATEWIDE FIRE PREVENTION CODE OF CHAPTER 91 FIRE PREVENTION AND PROTECTION OF THE ROANOKE COUNTY CODE TO AUTHORIZE FIRE MARSHAL TO ENTER PROPERTY TO INVESTIGATE RELEASE OF HAZARDOUS MATERIALS WHEREAS, Sec. 9-18 of the Roanoke County Code authorizes the Roanoke County Fire Marshal and his assistants to enforce the Virginia Statewide Fire Prevention Code and Article II of Chapter 9 of the County Code; and WHEREAS, the General Assembly of Virginia has recently enacted § 27-37.1 of the Code of Virginia, 1950, as amended, to expand the authority of localities to empower Fire Marshals to enter upon private property to investigate a release of hazardous materials or waste to determine the cause of any such release and the extent of any effect upon ground or surface water or soils and to obtain a summons when such entry is denied; and WHEREAS, the first reading of this ordinance was held on September 8, 1992; and the second reading was held on September 22, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Sec. 9-18. "Enforcement" of Article II. "VIRGINIA STATEWIDE FIRE PREVENTION CODE" of Chapter 91 "FIRE PREVENTION AND PROTECTION" be amended and reenacted as follows: Sec. 9-18. Enforcement. The Roanoke County Fire Marshal is hereby directed to enforce the provisions of the Virginia Statewide Fire Prevention Code and this code. The county fire marshal shall establish such procedures or requirements as may be necessary for the administration and enforcement of said code. The county fire marshal is hereby authorized to issue a summons for any violation of the provisions of the code, pursuant to the provisions of Section F-106.8 of said Code. The fire marshal shall coordinate his enforcement activities with the county building official and zoning administrator. The fire marshal shall assign and detail such members of the Roanoke County Fire and Rescue Department as inspectors or other assistants as he may deem necessary in administering and enforcing the provisions of such code. (a Thee m�:sha.s>::have txe rght enter upon an urzse$er� sir€ water ror<>tr in vier .tri KI 2. That is ordinance shall be effective from and after October 1, 1992. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Circuit Court G. O. Clemens, Judge Kenneth E. Trabue, Judge Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, II, Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Intake Counsellor General District Court John L Apostolou, Judge George W. Harris, Jr., Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue 3 Paul M. Mahoney, County Attorney John H. Cease, Police Chief Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Dir., Finance O. Arnold Covey, Dir., Engineering & Inspections Terrance L Harrington, Dir., Planning & Zoning Kenneth L Hogan, Chief Animal Control Officer Thomas C. Fuqua, Chief, Fire & Rescue Gardner W. Smith, Dir., General Services Dir., Parks & Recreation Elaine Carver, Dir., Procurement John D. Willey, Dir., Real Estate Assessment Michael J. Lazzuri, Court Services Magistrates Sherri Krantz/Betty Peery Main Library Roanoke Law Library, 315 Church Ave, S.W., Rke 24016 Roanoke County Code Book 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1992 ORDINANCE 92292-8.8 AMENDING AND REENACTING SEC. 10-41 APPLICATION FOR LICENSE• DUTIES OF COMMISSIONER• PENALTIES FOR OPERATING BUSINESS WITHOUT A LICENSE FAILING TO FILE AN APPLICATION. OR FILING FALSE STATEMENTS., OF ARTICLE I. IN GENERAL TO RESTRICT ISSUANCE OF BUSINESS LICENSES WHERE ANY TAXES DUE THE COUNTY ARE UNPAID AND SEC. 10-36. PERSONAL AND BUSINESS SERVICE OCCUPATIONS. OF ARTICLE II. CLASSIFIED BUSINESS AND OCCUPATIONAL LICENSE PROVISIONS OF CHAPTER 10 LICENSES OF THE ROANOKE COUNTY CODE TO ADD AND DELETE CERTAIN OCCUPATIONS AND TO ADD A NEW SEC. 10-58. GOING OUT OF BUSINESS SALES& PERMITS INSPECTIONS APPLICATION FOR PERMIT, INVENTORY REQUIRED, COMMINGLING OF OTHER GOODS PROHIBITED• DURATION, ADDITIONAL PERMITS, ADVERTISEMENTS, FEE. TO CODIFY THE REQUIREMENTS FOR CONDUCTING SUCH SALES. WHEREAS, Sec 10-4 (e) of the Roanoke County Code currently restricts the issuance of any business license until the tax or fee for such license has been paid to the County; and WHEREAS, the General Assembly of Virginia has recently amended § 58.1-3700 to authorize any local governing body to restrict the issuance of any business license until all delinquent business license or personal property tax, and any meal, transient occupancy or admissions taxes properly assessed by and owed to the locality have been paid by the applicant; and WHEREAS, Sec. 10-36 of the Roanoke County Business License Ordinance sets forth the requirements for licensure as a personal or business services and contains a non-exclusive listing of representative business and personal service occupations; and WHEREAS, § 18.2-223 and § 18.2-224 of the Code of Virginia, 1950, as amended, establish standards that localities are to enforce for issuing permits for "going out of business" sales and authorization to charge a permit fee; and WHEREAS, the first reading of this ordinance was held on September 8, 1992; and the second reading was held on September 22, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 10-8 Application for license; Duties of commissioner; Penalties for onerating business without a license failing to file an application or filing false statements.1 of Article I. In General, and Sec. 10-36. Personal and business service occupations of Article II, Classified Business and Occupational License Provisions of Chapter 10, LICENSES be amended and reenacted and a new Sec. 10-58, Going out of business sales; permits; inspections; application for permit inventory required; commingling of other goods prohibited; duration additional permits; advertisements; fee of Article III, Special License Provisions, of Chapter 10, LICENSES be added as follows: Sec. 10-4. Application for license; duties of commissioner; penalties for operating business without a license, failing to file an application, or filing false statements. 2 i Sec. 10-36. Personal and business service occupations. (b) Those rendering a personal or business service include, but not limited to, the following: Sec. 10-58, Going out of business sales; permits; inspections; application for permit; inventory required; commingling of other goods prohibited; duration; additional permits; advertisements; 3 fee. X.- cif neeesscaton nc.:;tY'e .................... ::: .p. The Cc mm s3oz er. of th:e :Rehr ::::.::;' :......::;::, .:. . sxtra.�ie dollars (S�.p) dor each pezmt, �ncxucling am :.;:...:.. ec- #:>:::>::::;:<.}�.o atzozz .off.>:«:::: ::.;. erect p#tIsh<<sxx `a.as;s':;:ma.ece e 2. This ordinance shall be effective from and after October 1, 1992. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: 'V. v Mary H. Allen, Clerk Roanoke County Board of Supervisors Circuit Court G. O. Clemens, Judge Kenneth E. Trabue, Judge Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, II, Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George W. Harris, Jr., Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Paul M. Mahoney, County Attorney John H. Cease, Police Chief Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Dir., Finance O. Arnold Covey, Dir., Engineering & Inspections Terrance L. Harrington, Dir., Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Thomas C. Fuqua, Chief, Fire & Rescue Gardner W. Smith, Dir., General Services Dir., Parks & Recreation Elaine Carver, Dir., Procurement John D. Willey, Dir., Real Estate Assessment Michael J. Lazzuri, Court Services Magistrates Sherri Krantz/Betty Peery Main Library Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book 11 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1992 ORDINANCE 92292-8.f AMENDING AND REENACTING SEC. 12-26, REOUIRED; EXCEPTIONS, OF ARTICLE II. COUNTY VEHICLE LICENSE, OF CHAPTER 12, MOTOR VEHICLES AND TRAFFIC OF THE ROANOKE COUNTY CODE CONCERNING THE SITUS OF MOTOR VEHICLES WHEREAS, Sec. 12-26 of the Roanoke County Code requires that every motor vehicle, trailer or semitrailer normally garaged, stored, or parked or acquiring a situs within the county be licensed in the county as a condition to being operated upon the county's streets and roads; and WHEREAS, the General Assembly of Virginia has recently amended § 46.2-752 to legally define the domicile of a motor vehicle's owner as its situs in those situations where the owner is a college student; and WHEREAS, the first reading of this ordinance took place on September 8, 1992; the second reading took place on September 22, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke as follows: 1. That Sec. 12-26. Required; exceptions of Article II. County -Vehicle License of Chapter 12, MOTOR VEHICLES AND TRAFFIC, is hereby amended and reenacted as follows: Sec. 12-26. Required; exceptions. (a) Every motor vehicle, trailer and semitrailer normally garaged, stored, or parked or acquiring a situs within the county and capable of being operated on the streets, highways, roads or other traveled ways in the county shall be licensed in accordance with the provisions of this article and it shall be unlawful for any person to drive or operate any such vehicle on the streets, highways, roads or other traveled ways in the county, unless such vehicle is so licensed for the current year. 1'>'' "`""';'``" >>ril tc:;e t" bmf W v its flwix .: 1992. 2. This ordinance shall be effective from and after October 1, On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None W. File Circuit Court G. O. Clemens, Judge Kenneth E. Trabue, Judge Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, II, Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Intake Counsellor A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors E General District Court John L. Apostolou, Judge George W. Harris, Jr., Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Paul M. Mahoney, County Attorney John H. Cease, Police Chief Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Dir., Finance O. Arnold Covey, Dir., Engineering & Inspections Terrance L. Harrington, Dir., Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Thomas C. Fuqua, Chief, Fire & Rescue Gardner W. Smith, Dir., General Services Dir., Parks & Recreation Elaine Carver, Dir., Procurement John D. Willey, Dir., Real Estate Assessment Michael J. Lazzuri, Court Services Magistrates Sherri Krantz/Betty Peery Main Library Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1992 0VORDINANCE 92292-8. ')AMENDING AND REENACTING SEC 12-54. PARKING PROHIBITED IN SPECIFIED PLACES. OF ARTICLE III, PARKING, OF CHAPTER 121 MOTOR VEHICLES AND TRAFFIC, OF THE ROANOKE COUNTY CODE TO ESTABLISH STANDARDS FOR IDENTIFICATION OF HANDICAPPED PARKING SPACES BY ABOVE GRADE SIGNS. WHEREAS, subsection (f) of Sec. 12-54. Parking Prohibited in specified places. prohibits unauthorized parking in spaces reserved for the handicapped both on public streets and highways and on private parking areas open to the public; and WHEREAS, the General Assembly has recently amended the Virginia Statewide Building Code and §46.2-1237 of the Code of Virginia, 1950, as amended, to establish requirements for identification of handicapped parking spaces by above grade signs effective by January 1, 1993; and WHEREAS, the first reading of this ordinance was held on September 8, 1992; and the second reading was held on September 22, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Sec. 12-54. Parking Prohibited in specified places of Article III. PARKING of Chapter 12, MOTOR VEHICLES AND TRAFFIC, of the Roanoke County Code is amended and reenacted as follows: Sec. 12-54. parking prohibited in specified places. No person shall park or leave standing a motor vehicle in any of the following places, except when necessary to comply with the directions of a police officer or traffic -control device: (f) Any parking space reserved for the handicapped on a public street, highway, or other public way in the county or in privately owned parking areas open to the public, unless such vehicle displays a special license plate, decal or parking permit issued pursuant to sections 46.2- 731 , 46.2-739 or 46.2-1238, Code of Virginia, 1950, as ame nd .....7.....p.1�c.....iceS ...Sed......tt tie USS Q h d eappec parson ::::ahail::<:: :<:>: cent :f er abav ::»>:..... , e .::;:; :c::;:;;, < ;................ii 222:>:...:,;.:;:<:: ;:>r :` ::>::;;: ; ; ::;>;..............:::: g rt esu a€kxethe.cti€iStion 2. This ordinance shall be effective from and after January 1, 1993. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy 2 NAYS: None A COPY TESTE: L2.! -G. Mary H. -Allen, Clerk cc: Roanoke County Board of Supervisors File Circuit Court G. O. Clemens, Judge Kenneth E. Trabue, Judge Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, II, Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George W. Harris, Jr., Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Paul M. Mahoney, County Attorney John H. Cease, Police Chief Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Dir., Finance O. Arnold Covey, Dir., Engineering & Inspections Terrance L. Harrington, Dir., Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Thomas C. Fuqua, Chief, Fire & Rescue Gardner W. Smith, Dir., General Services Dir., Parks & Recreation Elaine Carver, Dir., Procurement John D. Willey, Dir., Real Estate Assessment Michael J. Lazzuri, Court Services Magistrates Sherri Krantz/Betty Peery Main Library Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book 3 13 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1992 ORDINANCE 92292-8.h ENACTING SEC. 12-102, REMOVAL OF VEHICLES INVOLVED IN ACCIDENTS TO PROVIDE AUTHORITY TO REMOVE VEHICLES WHICH ARE IMPEDING THE FLOW OF TRAFFIC AND FOR THEIR STORAGE WHEREAS, Article IV. "Accidents" of Chapter 12, "MOTOR VEHICLES" of the Roanoke County Code provides authority for Roanoke County Police Officers to investigate motor vehicle accidents; and WHEREAS, § 46.2-1212 of the Code of Virginia, 1950, as amended, authorizes local governing bodies to enact an ordinance providing for the removal and storage of vehicle involved in accidents which impede the orderly flow of traffic; and WHEREAS, the first reading of this ordinance was held on September 8, 1992; and the second reading was held on September 22, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That a new Sec. 12-102 "Removal of vehicles involved in accidents" of Article IV. "Accidents" of Chapter 12 "MOTOR VEHICLES AND TRAFFIC" of the Roanoke County Code is enacted as follows: Sec. 12-102. Removal of vehicles involved in accidents. Whenever a motor vehicle, trailer or semitrailer involved in an accident is so located as to impede the orderly flow of traffic, any Roanoke County Police Officer may (i) at no cost to the owner or operator remove the motor vehicle, trailer or semitrailer to some point in the vicinity where it will not impede the flow of traffic or (ii) have the vehicle removed to a storage area for safekeeping and shall report the removal to the Department of Motor Vehicles and to the owner of the vehicle as promptly as possible. If the vehicle is removed to a storage area under clause (ii), the owner shall pay to the parties entitled thereto all costs incidental to its removal and storage. 1992. 2. This ordinance shall be in effect from and after October 1, On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTS: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Circuit Court G. O. Clemens, Judge Kenneth E. Trabue, Judge Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, II, Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George W. Harris, Jr., Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue 2 Paul M. Mahoney, County Attorney John H. Cease, Police Chief Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Dir., Finance O. Arnold Covey, Dir., Engineering & Inspections Terrance L. Harrington, Dir., Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Thomas C. Fuqua, Chief, Fire & Rescue Gardner W. Smith, Dir., General Services Dir., Parks & Recreation Elaine Carver, Du., Procurement John D. Willey, Dir., Real Estate Assessment Michael J. Lazzuri, Court Services Magistrates Sherri Krantz/Betty Peery Main Library Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TIIESDAY, SEPTEMBER 22, 1992 ORDINANCE 92292-8.i AMENDING AND REENACTING SEC. 16.1-25. INSPECTION OF RECORDS REQUIRED BY CHAPTER AND OR ARTICLES LISTED IN SUCH RECORDS., OF ARTICLE II. DEALERS, OF CHAPTER 16.1, PRECIOIIS METALS AND GEMS, OF THE ROANOKE COUNTY CODE TO PERMIT LAW ENFORCEMENT OFFICERS TO TARE POSSESSION OF ITEMS KNOWN TO BE STOLEN. WHEREAS, Sec. 16.1-25 of the Roanoke County Code requires precious metals dealers to admit law enforcement officers to their premises during business hours to examine their records and any item believed to be missing or stolen; and WHEREAS, the General Assembly of Virginia has recently amended § 54.1-4101.1 of the Code of Virginia, 1950, as amended, to authorize law enforcement officers to take possession of any item known to be missing or stolen on the premises of a precious metal dealer in order to preserve the item as evidence or to prevent its transfer; and WHEREAS, the first reading of this ordinance was held on September 8, 1992; and the second reading was held on September 22, 1992; BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Sec. 16.1-25. "Inspection of records required by chapter and of articles listed in such records." of Article II. "Dealers" of Chapter 16.1 "Precious Metals and Gems" of the Roanoke County Code be amended and reenacted as follows: Sec. 16.1-25. Inspection of records required by chapter and of articles listed in such records. which is believed by the officer to be missing or stolen-rit`""`` [State law reference, § 54.1-4101.1 of the Code of Virginia]. 2. This ordinance shall be effective from and after October 1, 1992. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None cc: File Circuit Court G. O. Clemens, Judge Kenneth E. Trabue, Judge Steven A. McGraw, Clerk A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors K Family Court Services Joseph M. Clark, II, Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George W. Harris, Jr., Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Paul M. Mahoney, County Attorney John H. Cease, Police Chief Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Du., Finance O. Arnold Covey, Dir., Engineering & Inspections Terrance L. Harrington, Dir., Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Thomas C. Fuqua, Chief, Fire & Rescue Gardner W. Smith, Dir., General Services Dir., Parks & Recreation Elaine Carver, Dir., Procurement John D. Willey, Du., Real Estate Assessment Michael J. Lazzuri, Court Services Magistrates Sherri Krantz/Betty Peery Main Library Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1992 ORDINANCE 92292-8.i AMENDING AND REENACTING SEC. 17-2. DEFINITIONS., SEC. 17-14. MODIFICATION OF CONTRACTS., AND SEC. 17-15. PERFORMANCE AND PAYMENT BONDS GENERALLY., OF ARTICLE I. IN GENERAL, SEC. 17-75. PROVISIONS APPLICABLE TO PROCUREMENT OF PROFESSIONAL SERVICES., OF DIVISION 3. COMPETITIVE NEGOTIATION, AND SEC. 17-86. DEFINITIONS., OF DIVISION 4. SMALL PURCHASES, OF ARTICLE II. COMPETITIVE PROCUREMENT OF CHAPTER 17 PROCUREMENT CODE OF THE ROANOKE COUNTY CODE TO EXPAND THE DEFINITION OF PROFESSIONAL SERVICES, TO INCREASE THE AMOUNT BY WHICH FIXED-PRICE CONTRACTS MAY BE INCREASED BY THE PURCHASING AGENT, TO INCREASE THE MINIMUM AMOUNT OF PUBLIC CONSTRUCTION CONTRACTS FOR WHICH PERFORMANCE AND PAYMENT BONDS ARE REQUIRED, TO AMEND THE CONDITIONS FOR COMPETITIVE NEGOTIATION WITH QUALIFIED OFFERORS OF PROFESSIONAL SERVICES AND RAISE THE CEILING FOR SMALL PURCHASES AND PURCHASES RELATED TO MICROCOMPUTERS. WHEREAS, Sections 17-2, 17-14, 17-15, 17-75 and 17-86 set forth certain definitions and requirements of the County's Procurement Code in accordance with state enabling legislation; and WHEREAS, the General Assembly of Virginia has recently amended § 11-370, § 11-41, § 11-55 and § 11-58 of the Code of Virginia to expand the category of professional services, to raise the ceiling for purchases not requiring competitive sealed bids or competitive negotiation and for purchases of microcomputers and related equipment and services, to expand the authority of the purchasing agent to increase the amount of fixed-price contracts without prior written approval of the governing body and to increase the minimum amount of public construction contracts for which performance and payment bonds are required; and WHEREAS, the first reading of this ordinance took place on September 8, 1992; and the second reading took place on September 22, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Sec. 17-2. "Definitions.", Sec. 17-14. "Modification of Contracts.", Sec. 17-15. "Performance and payment bonds generally." of Article I. "In General", Sec. 17-75. "Provisions applicable to procurement of professional services." of Division 3. "Competitive Negotiation", and Sec. 17-86. "Definition." of Division 4. "Small P11rC1haccc11 of A, 4-4-1- rT "Competitive Procurement" of Chapter 17 "PROCUREMENT CODE" of the Roanoke County Code be amended and reenacted as follows: sec. 17-2. Definitions. Professional services: Work performed by an independent contractor within the scope of the practice of accounting, es architecture, cture, land surveying, landscape architecture, law, medicine, optometry='%or professional engineering. Sec.17-14. Modification of contracts. 2 advance written approval of the Board of Supervisors. Sec. 17-15. Performance and payment bonds generally. (a) Upon the award of any public construction contract exceeding cn-hunrec thusarx cc�i�.as: £:aU;t: ;>twenty five to any prime contractor, such contractor shall furnish to the Board of Supervisors the following bonds: (1) A performance bond in the sum of the contract amount conditioned upon the faithful performance of the contract in strict conformity with the plans, specifications and conditions of the contract. (2) A payment bond in the sum of the contract amount. Such bond shall be for the protection of claimants who have and fulfill contracts to supply labor or materials to the prime contractor to whom the contract was awarded, or to any subcontractors, in the prosecution of the work provided for in such contract, and shall be conditioned upon the prompt payment for all such material furnished or labor supplied or performed in the prosecution of the work. "Labor or materials" shall include public utility services and reasonable rental of equipment, but only for periods when the equipment rented is actually used at the site. Sec. 17-75. Provisions applicable to procurement of professional 3 services. (b) The purchasing agent shall engage in individual discussions with a4-1 offers deemed - fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence to provide the required services. Repetitive informal interviews shall be permissible. Such offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. These discussions may encompass nonbinding estimates of total project cost, including where appropriate, design, construction and life cycle costs. Methods to be utilized in arriving at price for services may also be discussed. Proprietary information from competing offers shall not be disclosed to the public or to competitors. Sec. 17-86. Definition. For the purpose of this division, small purchases shall be defined as purchases of goods, services, equipment, insurance, construction or other items needed in the day-to-day operations of the county, the monetary value of which does not exceed X09ft ten theusand dollarsr "{z`' '.`>".";,. 2. This ordinance shall be effective from and after October 1, 4 1992. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. 7Ulen, Clerk Roanoke County Board of Supervisors cc: File Circuit Court G. O. Clemens, Judge Kenneth E. Trabue, Judge Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, II, Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George W. Harris, Jr., Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Alfred C. Anderson, Treasurer R. Wayne Campton, Commissioner of Revenue Paul M. Mahoney, County Attorney John H. Cease, Police Chief Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Dir., Finance O. Arnold Covey, Dir., Engineering & Inspections Terrance L. Harrington, Dir., Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Thomas C. Fuqua, Chief, Fire & Rescue Gardner W. Smith, Dir., General Services 5 Dir., Parks & Recreation Elaine Carver, Dir., Procurement John D. Willey, Dir., Real Estate Assessment Michael J. Lazzuri, Court Services Magistrates Sherri Krantz/Betty Peery Main Library Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book f AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1992 RESOLUTION 92292-9 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 September 22, 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 10, inclusive, as follows: 1. Acknowledgement of Acceptance of 0.09 Miles of Ashbury Court, 0.20 Miles of Ashbury Drive, and 0.07 Miles of Greenmont Court into the Secondary System by the Virginia Department of Transportation. 2. Approval of Raffle Permit for Knights of Columbus 4th Degree Assembly. 3. Request for Acceptance of Buckhorn Road into the Virginia Department of Transportation Secondary System. 4. Request for Acceptance of Christopher Drive into the Virginia Department of Transportation Secondary System. 5. Request for Acceptance of Forest Creek Drive into the Virginia Department of Transportation Secondary System. 6. Request for Public -Private Partnership Funds for an Industrial Building in Southwest Industrial Park. 7. Authorization to Pay Certain Legal Fees Regarding Litigation with Grumman Emergency Products, Inc. 8. Acceptance of Donations of Right-of-way and Drainage Easement for Flintlock Road in Connection with the Hunting Hills Road Project. 9. Adoption of Resolution Endorsing the Passage of the State Referenda Authorizing the Issuance of General Obligation Bonds. 10. Approval of Raffle Permit from Cave Spring Elementary School PTA. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Kohinke to adopt the resolution after discussion of Item 7, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Paul M. Mahoney, County Attorney Clifford Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections Timothy Gubala, Director, Economic Development ACTION NO. A -92292-9.a ITEM NUMBER 1--1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1992 AGENDA ITEM: Acknowledgement of Acceptance of 0.09 Miles of Ashbury Court, 0.20 Miles of Ashbury Drive, and 0.07 Miles of Greenmont Court into the Secondary System by the Virginia Department of Transportation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County has received acknowledgement that the following roads have been accepted into the Secondary System by the Virginia Department of Transportation effective August 25, 1992: Meadows of Trent 0.09 Miles of Ashbury Court (Route 1072) 0.20 Miles of Ashbury Drive (Route 1073) 0.07 Miles of Greenmont Court (Route 1074) SUBMITTED BY: APPROVED BY: Cl /q4 H. Allen Elmer C. Hodge Clerk to the Board County Administrator ----------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Edward G. Kohinke No Yes Abs Denied ( ) Eddy _x Received ( ) Kohinke x Referred ( ) Johnson x To ( ) Minnix _x cc: File Nickens x Arnold Covey, Director, Engineering & Inspections ACTION NO. A -92292-9.b ITEM NUMBER L- a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1992 AGENDA ITEM: Request for Approval of a Raffle Permit from the Knights of Columbus 4th Degree Assembly COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Knights of Columbus 4th Degree Assembly has requested a permit to hold a raffle in Roanoke County on October 28, 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 for a Raffle Permit be approved. SUBMITTED BY: Mary H. Allen Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( 14 Motion by: Edward G. Kohinke No Yes Abs Denied ( ) Received ( ) Referred ( ) To ( ) cc: File Bingo/Raffle File Eddy x Kohinke x Johnson x Minnix x Nickens x w L —2 COUNTY OF ROANOKE, VIRGINIA COMMISSIONER OF THE REVENUE APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO Application is hereby made for a bingo game or raffle permit. This application is made subject to all County and State laws, rules, ordinances, and regulations now in force, or that may be enacted hereafter and which are hereby agreed to by the undersigned applicant and which shall be deemed a condition under which this permit is issued. All applicants should exercise extreme care to ensure the accuracy of their responses to the following questions. Bingo games and raffles are strictly regulated by Title 18.2-340.1 et. sea. 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 investigation prior to granting a bingo or raffle permit. The Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with county and state law. Any person violating county or state regulations concerning these permits shall be guilty of a Class 1 misdemeanor. Any person who uses any part of the gross receipts from bingo or raffles for any purpose other than the lawful religious, charitable, community, or educational purposes for which the organization is specifically organized, except for reasonable operating expenses, shall be guilty of a Class 6 felony. THIS APPLICATION IF FOR: (check one) RAFFLE PERMIT BINGO GAMES Name of Organization Street Address Mailing Address City, State, Zip Code r1 ei a h VIy C Purpose and Type of Organization When was the organization founded? ` '"- Roanoke County meeting place? ��% �4,41"IW lqu'e-� s6t-) Has the organization been in existence in Roanoke County for two continuous years? YES NO Is the organization non-profit? /YES NO Federal Identification Number e 0q1 L Attach copy of IRS Tax Exemption Letter. Officers of the Organization: President: Vice -President Address:' /SlA Address: [i117��L L, 6 :2Z/o/ U -��Z4)6 Secretary: Treasurer:��X'�i� ?�, a �ilci(s >>> A . / 35 '' Address: C. Address : L4 3.y 1> >u -,c( S Member authorized to be responsible for Raffle or Bingo operations: Name: Home Address 1� ..1�NU�j► /i,<bti� ltivti�l(C'�UC_ Phone `i 3 6 ci l Bus Phone - Vic. 75 l 3 A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBERSHIP MUST BE FURNISHED WITH THIS APPLICATION. Specific location where Raffle qr Bingo Game is to be conducted. RAFFLES: Date of Drawing 'J Time of Drawing BINGO: Days of Week and Hours of Activity: Sunday Monday Tuesday Wednesday Thursday Friday Saturday From To From To From To From To From To From To From To 2 State specifically how the proceeds from Bingo/Raffle will be used. List in detail the planned or intended use of the proceeds. Use estimated amounts if necessary. 3 BINGO: Complete the following: Legal owner(s) of the building where BINGO is to be conducted: Name: Address: County State ZIP Is the building owned by a 501-C non-profit organization? Seating capacity for each location: Parking spaces for each location: ALL RAFFLE AND BINGO APPLICANTS MUST ANSWER QUESTIONS 1-19 1. Gross receipts from all sources related to the operation of Bingo games or Instant Bingo by calendar quarter for prior calendar year period. BINGO INSTANT BINGO 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter TOTAL 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter TOTAL 2. Does your organization understand that it is a violation of law to enter into a contract with any person or firm, association, organization, partnership, or corporation of any classification whatsoever, for the purpose of organizing, managing, or conducting Bingo Games or Raffles? j 3. Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Bingo games and Raffles, and that such records are subject to audit by the Commissioner of the Revenue? 1j0` t 4. Does your organization understand that the Commissioner of the Revenue or his designee has the right to go upon the premises on which any organization is conducting a Bingo game or raffle, to perform unannounced audits, and to secure for audit all records required to be maintained for Bingo games or raffles? 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 November of each calendar year for which a permit has been issued? 1 /" 6. Does your organization understand that if gross receipts exceed fifty thousand dollars during any calendar quarter, an additional Financial Report must be filed for such quarter no later than sixty days following the last day of such quarter? 7. Does your organization understand that the failure to file financial reports when due shall cause automatic revocation of the permit, and no such organization shall conduct any Bingo game or Raffle thereafter until such report is properly filed and a new permit is obtained? 8. Does your organization understand that each Financial Report must be accompanied by a Certificate, verified under oath by the Board of Directors, that the proceeds of any Bingo game or raffle have been used for these lawful, religious, charitable, community, or educational purposes for which the organization is specifically chartered or organized, and that the operations of Bingo games or raffles have been in accordance with the provisions of Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia? 9. Does your organization understand that a two (2) percent audit fee of the gross receipts must be paid to the County of Roanoke upon submission of the annual financial report due on or before the first of 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, operations, or conduct of any bingo game or raffle, and no person shall receive any remuneration for participating in management, operations, or conduct of any such game or raffle? {;j-; 12. Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke? I 5 V� 13. Does your organization understand that any organization found in violation of the County Bingo and Raffle Ordinance or Section 18.2-340.10 of the Code of Virginia authorizing this permit is subject to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above referenced Codes may be guilty of a felony? 14. Has your organization attached a complete list of its membership to this application form? i 15. Has your organization attached a copy of its bylaws to this application form? ' 16. Has the organization been declared exempt from property taxation under the Virginia Constitution or statues? If yes, state whether exemption is for real, personal property, or both and identify exempt property. 17. State the specific type and purpose of the organization. _ l7 ,:, i / -i-, i 7 l� � , _i � _ ._---f'r !. ^, "- l j �l/!6►At1 U� l 1'{� 18. Is this organization incorporated in Virginia? If yes, name and address of Registered Agent: 19. Is the organization registered with the Virginia Department of Agriculture and Consumer Affairs pursuant to the Charitable Solicitations Act, Section 57-48 of the Virginia Code?/!< (If so, attach copy of registered agent.) I Has the organization been granted an exemption from registration by the Virginia Department of Agriculture and Consumer Affairs? (If so, attach copy of exemption.) ALL RAFFLE APPLICANTS DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES, AND PROCEED TO NOTARIZATION. Article Description Fair Market Value 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 the Roanoke County Code must include the following: a. A record of the date, quantity, and card value of instant bingo supplies purchased, as well as the name and address of the supplier of such instant bingo supplies, and written invoice or receipt is also required for each purchase of instant bingo supplies? b. A record in writing of the dates on which Bingo is played, the number of people in attendance on each date, and the amount of receipts and prizes on each day? (These records must be retained for three.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? 7 25. Does your organization understand that an organization whose gross receipts from all bingo operations that exceed or are expected to exceed $75,000 in any calendar year shall have been granted tax-exempt status pursuant to Section 501C Internal Revenue Code Service? (Certificate must be attached.) 26. Does your organization understand that a Certificate of Occupancy must be obtained or be on file which authorizes this use at the proposed location? 27. Does your organization understand that awards or prize money or merchandise valued in excess of the following amounts are illegal? a. No door prize shall exceed twenty-five dollars. b. No regular Bingo or special Bingo game shall exceed One Hundred dollars. c No jackpot of any nature whatsoever shall exceed One Thousand Dollars, nor shall the total amount of jackpot prizes awarded in any one calendar day exceed One Thousand Dollars. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS I hereby swear or affirm under the penalties of perjury as set forth in §18.2 of the Code of Virginia, that all of the above statements are true to the best of my knowledge, information, and beliefs. All questions have been answered. Signed by: 1)w I-ql 41 r -u u 64 /�A, L Name Title Home Address/,, Subscribed and sworn before me, this 2�day of &19�� in the County/C of�� Virginia. My commission expires: G/ Notary Public RETURN THIS COMPLETED APPLICATION TO: COMMISSIONER OF THE REVENUE P.O. BOX 20409 ROANOKE, VA 24018-0513 8 NOT VALID UNLESS COUNTERSIGNED The above application, having been found in due form, is approved and issued to the applicant to have eff t until December 31st of this calendar year. 49i 61-4A, 4AL Date C ssi ner; f the Reve e The above application is not approved. Date Commissioner of the Revenue 01 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1992 RESOLUTION 92292-9.0 REQUESTING ACCEPTANCE OF BUCRHORN ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Buckhorn Road North of Hunting Hills Drive to cul-de-sac and South of Hunting Hills Drive to cul-de-sac to be accepted pursuant to Section 33.1-72.1, Paragraph C-1 and funded pursuant to Section 33.1-75.1, Paragraph A of the Code of Virginia of 1950, as amended. 2. That this Board does guarantee the Commonwealth of Virginia an unrestricted right-of-way of 50 feet with necessary easements for drainage as recorded in Plat Book 6, Page 63, of record in the Roanoke County Clerk's Office. 3. That this Board does certify that this road was opened to public use prior to July 1, 1980, at which time it was open to and used by motor vehicles. 4. That this Board does certify that no speculative interests are involved. 5. That said road known as Buckhorn Road and which is shown on a certain sketch accompanying this resolution, be, and the same is hereby established as a public road to become a part of the state secondary system of highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: `� �Ex . -'44. Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections, and copy for Virginia Department of Transportation 12 >ow xn / L-3 NORTH 1 24 . - zl e a :I: PROPOSED ADDITION SHOWN IN GRAY DESCRIPTION: Buckhorn road north of Hunting Hills Drive to cul-de-sac and South of Hunting Hills Drive to cul-de-sac. LENGTH: (1) 0.36 MILES RIGHT OF WAY: (1) 50 FEET ROADWAY WIDTH:(1) 30 FEET SURFACE WIDTH:(1) 20 FEET SERVICE: (1) IS HOMES .M H..Hry n sz ' O Ir .M a SI ROANOKE COUNTY ACCEPTANCE OF BUCKHORN ROAD ';TO 7HE VIRGINIA DEPARTXENT ENGINEERING & OF TRANSPORTATION SECONDARY SYSTEM INSPECTIONS DEPARTMENT r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1992 RESOLUTION 92292-9.d REQUESTING ACCEPTANCE OF CHRISTOPHER DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Christopher Drive from the intersection of Cotton Hill Road (State Route 688) to the cul-de-sac for a distance of 0.27 miles to be accepted and made a part of the Secondary System of State Highways under Section 33.1- 229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road have heretofore been dedicated by virtue of a certain map known as Cotton Hill Estates, Section 3 Subdivision, which map was recorded in Plat Book 12, Page, 190 of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on September 7, 1990, and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and a right-of-way for the street. 3. That said road known as Christopher Drive and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a public road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: -1)e) �a' Mary H. Xllen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections, and copy for Virginia Department of Transportation ( r �.J _ �•o•• / 77 COrroMNlcc EriUrEZ.r C07rOMN/4L E9rAMA, '-a.-f _ . i n gee t. Ca. 9 titi �uJ, _ _ MO N, fjr /63 �Ye'PUE—� /�COr10N M:.;: F. . 1 / 5•e., urt.a IMI — z6" J {JI•YVc/•l0 E D • J O � rrrr ^3 or /o / /G/A� - �Ac L//L Ac s �. / 0 At. \/ wawa �) T•YOifL°¢.4V • 90'MOL " MMA !';ZL DE E+aN! ' ts/aE anile: TO Af{rt/R4C 4 a` OUMIDE Aw ORAN/A§E1.N)' LOT /7 T.'I/S AREA) ? ;2842 Ac. ^, 1 ^t :( O �+ .0T /9 -' �,':+•E•rr O.Of& Ac �^07BGAe 40 6. PROPOSED ADDITION SHOWN IN GRAY �-y NORTH -- ..• MM MOCCOJv DESCRIPTION: 1) Christopher Drive from the intersection of Cotton Hill Road (State Route 688) to the cul-de-sac for a distance of 0.27 miles. LENGTH: (1) —rr iuE MILES it gCEflry u� 50 e Jrer, o� Z. 505Ae _ (1) -- ..• MM MOCCOJv DESCRIPTION: 1) Christopher Drive from the intersection of Cotton Hill Road (State Route 688) to the cul-de-sac for a distance of 0.27 miles. LENGTH: (1) 0.27 MILES RIGHT OF WAY: (1) 50 FEET ROADWAY WIDTH: (1) 30 FEET SURFACE WIDTH: (1) 20 FEET SERVICE: (1) 3 HOMES ROANOKE COUNTY ACCEPTANCE OF CHRISTOPHER DRIVE INTO THE VIRGINIA ENGINEERING & DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM INSPECTIONS DEPARTMENT 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1992 RESOLUTION 92292-9.e REQUESTING ACCEPTANCE OF FOREST CREEK DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Forest Creek Drive, from its intersection with Forest Edge Drive to the cul-de-sac to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road have heretofore been dedicated by virtue of certain maps known as Forest Edge Section 3, and Forest Edge Section 1, Subdivisions which maps were recorded in Plat Book 12, Page 63, and Plat Book 10, Page 29 of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on January 23, 1990, and October 29, 1986, respectively, and that by reason of the recordation of said maps no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and a right-of-way for the street. 3. That said road known as Forest Creek Drive and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a public road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Y>-) a� 'V Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections, and copy for Virginia Department of Transportation w fE�EN lO6E OMrE ' �n r� SEc.•� FOREbI En4E " WfATION MAP xi iucs n r VI CINI T Y MAP PROPOSED PROPOSED ADDITION SHOWN IN GRAY L-5 NORTH DESCRIPTION: 1) Forest Creek Drive from the intersection of Forest Edge Drive (Route 1950) to the cul-de-sac. LENGTH: (1) .28 MILES RIGHT OF WAY: (1) 50 FEET ROADWAY WIDTH: (1) 30 FEET SURFACE WIDTH: (1) 20 FEET SERVICE: (1) 8 HOMES ROANOKE COUNTY ACCEPTANCE OF FOREST CREEK DRIVE INTO THE VIRGINIA ENGINEERING & DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM INSPECTIONS DEPARTMENT 5 M `:•I a�•ON OI KI � 'o . vi ' ro.y •� vO {� vf7i II GOP � v� a y yy .a . 4 ,a • CIA � ir""O w `•I e�� {gib:.. t N 5•A .sN• v ••C S 4 W v a G � •� •�• a mt e+ . v �y w z Y'(�I O �pq • ly �' .ED : ♦ 8 o�y . v � .r v '+ o � a u r♦ � A ro os. O � R a• �p y � •� = b� uu A NA ► 5 O A i•O 5 • W O„ � b �— " � O• � 4 ••y .rr !, O _ q ,s 6v 0 'It O !M. to m CA ell It vaf w Ed t_ CIA PROPOSED PROPOSED ADDITION SHOWN IN GRAY L-5 NORTH DESCRIPTION: 1) Forest Creek Drive from the intersection of Forest Edge Drive (Route 1950) to the cul-de-sac. LENGTH: (1) .28 MILES RIGHT OF WAY: (1) 50 FEET ROADWAY WIDTH: (1) 30 FEET SURFACE WIDTH: (1) 20 FEET SERVICE: (1) 8 HOMES ROANOKE COUNTY ACCEPTANCE OF FOREST CREEK DRIVE INTO THE VIRGINIA ENGINEERING & DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM INSPECTIONS DEPARTMENT 5 ACTION NO. 92292-9.f Item No. L-6 / 6 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: September 22, 1992 AGENDA ITEM: Request for Public -Private Partnership Funds for an industrial building in Southwest Industrial Park COUNTY ADMINISTRATOR'S COMMENTS: O �� BACKGROUND: Southwest Industrial Park was Roanoke County's first public-private partnership in 1986. Roanoke County expended $193,852 in public funds for water,, sewer, and road improvements which opened up approximately fifty-five (55) acres of land for industrial development. Eight companies have located in Southwest Industrial Park and Corrugated Container Corporation has expanded their building and operations. Currently, these companies pay an annual total of $53,271 in real estate taxes. Twenty-seven (27) acres is vacant and available for development. Gorman Howell has constructed several of the buildings in Southwest Industrial Park. He is currently constructing a 7,500 square foot building for multi -tenant use. One company, Primedica, is consolidating its home health care products division into a portion of the building. Mr. Howell is requesting that Roanoke County share in the cost of a water and sewer connection so that he might lease the remaining portion of the building, 3,000 square feet, to a manufacturing user. FISCAL IMPACT: The Economic Development Fund has a balance of $92,793.44 as of August 31, 1992, in unappropriated funds. SUMMARY OF INFORMATION: Mr. Howell's project is estimated to cost $175,000. Real estate taxes on the land/building would be $2,373. The cost of a connection for sewer and a 5/8 -inch water meter is $3,420. Roanoke County's portion would be $1,710. Payback for this investment of public-private partnership funds would occur within the first year of the project. L-4 STAFF RECOMMENDATION: Staff recommends that Roanoke County enter into a public-private partnership with Gorman Howell and invest $1,710 as one half of the cost of a connection to Roanoke County's water and sewer systems. Respectfully submitted: Approved: ( / Timothy W. Gubala, Director Elmer C. Hodge Economic Development County Administrator ACTION Approved ( Motion by: Edward G. Kohinke Eddy Denied ( ) Johnson Received ( ) Kohinke Referred Minnix to Nickens Attachment cc: File Timothy W. Gubala, Director, Economic Development Diane Hyatt, Director, Finance Clifford Craig, Director, Utility No Yes Abs x x X x x GORMAN Inc. REALTORS CONSULTANTS 9 LIBRARY SQUARE APPRAISAL L "� SALEM, VIRGINIA 24153 MANAGEMENT 703-389-5803 SEPTEMBER 14, 1992 COXJATI'Y OF ROANDKE DEPARTMENT OF ECONOMIC DEVELc>PMENT P.O. BOX 29800 ROANOkB, VA. 24018 ATM: MR GUBALA RE: IAIULJSTRIAL BUILDING Iff-ATED IN SOUITNEST INDi JSTRIAL PAR}{. AT 6535 014M }NWEALTH DR, S . W . DEAR SIR. I AM IN THE PROCESS OF BUILDING A 7.800 S(1JARE FOOT INDUSTRIAL STRUCTJRE AT THE ABOVE ADDRESS. WITH THE HELP OF YOUR DEPARTMENT, I HAVE SUCCESSFULLY PLACED PRIMEDICA HEALTH CARE IN 3,300 SQUARE FEET OF THE SPACE. THE BALANCE OF THE BUILDING WILL BE AVAILABLE FOR ANOTHER TENANT. A.S YOU }SLOW. I HAVE DEVELOPED SEVERAL BUILDINGS IN THE CO(JNIY AS FOLLOWS : 1. SOUTHEASTERN OPTICAL SIJPPLY 6490 COMMc)NWEAI TH DR. S.W. 6.000 SQ. FT. 2. NOBLE—MET LTD. 6540 COMMONWEALTH DR. S.W. 6,000 SQ. FT. 3. ARCHITECTURAL WOOD PRODUCTS 6525 COMMONWEALTH DR. S.W. 7,500 SQ. FT. 4. DIBFRT VALVE CO. VALL YPOIITIE PARI{ 4,000 SQ. FT. IN VIEW OF MY EFFORTS IN DEVELOPING THE PROPERTY AT 6535 COW-)NWEALTH DR . , I AM HEREBY REQUESTING THE COLINIY TO PARTICIPATE IN THE PRCOECT BY PROVIDING UTILITY HOOKUPS AT A REDUCED COST, SINCE THIS TYPE OF PROJECT WILL PROVIDE EMPLOYMENT OPPORTUNITIES . I AM INSTALLING A 5/8" WATER METER AND THE COST IS EltIMMU AT $3,400:00- AT THIS TIME: PLEA,S'E CALL ME IF Y(J MLEEU ANY ADDITIONAL INFORMATION. THAi1i{S , GORMAN HOWELL z A -92292-9.g ACTION NO. ITEM NO. L- ! r� AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1992 AGENDA ITEM: Authorization to Pay Certain Legal Fees Regarding Litigation with Grumman Emergency Products, Inc. COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: The County agreed to share with the Town of Vinton the legal expenses for the litigation with Grumman Emergency Products Inc. over the defective ladder on the aerial fire truck. BACKGROUND: In November of 1991, the Board agreed to join with the Town of Vinton in legal action against Grumman Emergency Products, Inc. and other possible defendants over the defective ladder on the aerial fire truck which the County had jointly funded with the Town. Since this vehicle is titled to the Town of Vinton it was agreed that the Town Attorney should handle this litigation. The fees thus far approved by the Board are as follows: February 11, 1992 $1,151.95 March 24, 1992 1,437.59 May 26, 1992 2,363.43 June 23, 1992 1,779.16 September 8, 1992 228.71 FISCAL IMPACTS• $868.75 in current fees to be paid from the Board contingency fund. 1 L--7 STAFF RECOMMENDATION: It is recommended that the Board of Supervisors authorize the payment of this invoice from the Board's contingency fund. Respectfully submitted, Paul M. Mahoney County Attorney Action Vote No Yes Abs Approved (x) Motion by Edward G. Kohinke Eddy x Denied ( ) Johnson x Received ( ) Kohinke x Referred Nickens x to Minnix x cc: Diane Hyatt e;\wp51\agenda\genem1\1egaLfee cc: File Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney 2 TOWN OF VINTON P. O. BOX 338 VINTON, VIRGINIA 24179 PHONE (703) 983-0608 FAX (703) 983-0621 September 9, 1992 TO: Joe Obenchain, Senior Assistant County Attorney County of Roanoke POB 29800 Roanoke, VA 24018-0798 JOAN -R. fUFtBt"---------"-- FINANCE DIRECTORITREASURER STATEMENT Statement From Natkin, Heslep, Siegel and Natkin, PC For Professional Services Rendered Regarding Litigation With Grumman Aircraft Company September 2, 1992 Statement -- $1,737.50 Fifty Percent (50%) Due From Roanoke County To Town of Vinton $868.75 August 5, 1992 Statement -- $457.42 Fifth Percent (50%) Due From Roanoke County To Town of Vinton $228.71 DUE UPON RECEIPT $1,097.46 MAKE CHECK PAYABLE TO: TOWN OF VINTON CC: Diane D. Hyatt A -92292-9.h ACTION NO. ITEM NO. L -$ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1992 AGENDA ITEM: Acceptance of donations of right-of-way and drainage easement for Flintlock Road in connection with the Hunting Hills Road Project COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF I_NFORMATION: This consent agenda item involves the donation of the following right-of-way and drainage easement for Flintlock Road to the Board of Supervisors of Roanoke County, Virginia, in connection with the Hunting Hills Road Project in the Cave Spring Magisterial District of the County of Roanoke: a) A parcel, area, or section of land, being fifty feet (501) in width, and designated as "FLINTLOCK ROAD" upon a plat entitled "Map of Section No. 8, Hunting Hills" and "Revised Map of Section No. 8, Hunting Hills, " dated July 16, 1975, made by T. P. Parker & Son, and of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, page 63, and Plat Book 9, page 164, respectively. b) A drainage easement, varying in width from 7.5' to 16.04', from Mark R. Hanabury and Cathy R. Hanabury (Deed Book 1223, page 26) (Tax Map No. 87.12-2-22), shown and designated as "PROP. 7.5' DRAINAGE ESMT." on a plat prepared by the Roanoke County Engineering Department, dated August 12, 1991. The location and dimensions of these properties have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of these properties. L-8 Respectfully submitted, cl ie L. H 41 mA n Assistant County Attorney Action Vote No Yes Abs Approved (x) Motion by Edward G.Kohinke Eddy x Denied ( ) Johnson x Received ( ) Kohinke x Referred Nickens x to Minnix x cc: File Arnold Covey, Director, Engineering & Inspections Clifford Craig, Director, Utility 14 METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. 109 CURVE 'C' R = 25.00 L - 38.64 CH= N24'00'54'E 34.91 F� I CURVE 5.00 S6S• S3 �� OC CH= N67'5 11'211E 1� 190 9 F 36.52 CURVE 'S' `- R = 1097.20 L = 118.11 CH= S62'48'06'E 118.05 TAX MAP NO._ 87.12-2-22 f60 4 Property of; / \ MARK R. JR, & CATHY R, �" HANABURY ,/ yy/ PRGP,7,5'DRAINAGE ESMT. ti Q CURVE 'B' Rim Za R = 1525.00 c L = 199.64 p / A. CH= N64 135'x/ 199.50 tib/ i 0O IIS SCALE: 1 PLAT SHOWING PROPOSED DRAINAGE EASEMENT CONVEYED TO ROANOKE .COUNTY BY MARK R. & CATHY R. HANABURY PREPARED BY. ROANOKE COUNTY ENGINEERING DEPARTMENT DATE: 08-12-91 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1992 RESOLUTION 92292-9.i ENDORSING THE PASSAGE OF STATE REFERENDA ON NOVEMBER 3, 1992, BALLOT, AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COMMONWEALTH OF VIRGINIA WHEREAS, Virginia's continued economic growth and development is dependent upon the Commonwealth's ability to provide for the needs of its citizens both now and into the 21st century; and WHEREAS, voters will have the opportunity to approve three bond referenda on November 3 that will provide funds to construct and renovate the facilities necessary to serve the state's growing population; and WHEREAS, $472.4 million is earmarked for the capital needs of higher education, providing badly needed classroom, laboratory and other teaching space, correction of life -safety code deficiencies, repairs to libraries, additions to computer centers, and other needs; and WHEREAS, $45.2 million is appropriated for the construction and renovation of seven high-priority projects for current and projected patient needs, particularly for children and elderly Virginians, enabling Virginia to meet legal mandates, and ensuring that state facilities will continue to receive Medicaid and Medicare reimbursements; and WHEREAS, $95.4 million is allocated to upgrade existing park facilities and purchase new land, enhancing Virginia's tourist potential and increasing the flow of out-of-state revenue to Virginia; and WHEREAS, passage of these three referenda will not jeopardize Virginia's AAA bond rating; taxes will not have to be raised; and passage will create 3,600 new jobs and generate $22 million in new revenue. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, endorses the passage of all three referenda on the November 3, 1992, ballot, authorizing the issuance of general obligation bonds of the Commonwealth of Virginia. BE IT FURTHER RESOLVED that the Roanoke County Board of Supervisors encourages the voters of Virginia to vote "YES" on each Question of whether the referendum should take effect. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Paul Mahoney, County Attorney Diane Hyatt, Director, Finance Mental Health Association of Roanoke Valley Virginia Western Community College Dr. Bayes Wilson, Superintendent, Roanoke County Schools Director, Parks & Recreation Department Dr. Margaret Hagan, Director, Roanoke County Health Department Catawba Hospital The Honorable L. Douglas Wilder, Governor A -92292-9.j ACTION NO. ITEM NUMBER -ID AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 1992 AGENDA ITEM: Request for approval of a Raffle Permit from the Cave Spring Elementary P.T.A. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Cave Spring Elementary P.T.A. has requested a permit to hold a raffle in Roanoke County on October 10, 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 Cave Spring Elementary P.T.A. for a Raffle Permit be approved. SUBMITTED BY: Mary H.#Allen Clerk to the Board APPROVED BY: & d - Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: _Edward G. Kohinke No Yes Abs Denied ( ) Received ( ) Referred ( ) To ( ) cc: File Bingo/Raffle File Eddy x Johnson x Kohinke x Minnix x Nickens x COUNTY OF ROANOKE, VIRGINIA COMMISSIONER OF THE REVENUE APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO Application is hereby made for a bingo game or raffle permit. This application is made subject to all County and State laws, rules, ordinances, and regulations now in force, or that may be enacted hereafter and which are hereby agreed to by the undersigned applicant and which shall be deemed a condition under which this permit is issued. All applicants should exercise extreme care to ensure the accuracy of their responses to the following questions. Bingo games and raffles are strictly regulated by Title 18.2-340.1 et. sec. of the criminal statutes of the Virginia Code, and by Section 4-86 et. seq. of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investigation prior to granting a bingo or raffle permit. The Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with county and state law. Any person violating county or state regulations concerning these permits shall be guilty of a Class 1 misdemeanor. Any person who uses any part of the gross receipts from bingo or raffles for any purpose other than the lawful religious, charitable, community, or educational purposes for which the organization is specifically organized, except for reasonable operating expenses, shall be guilty of a Class 6 felony. THIS APPLICATION IF FOR: (check one) RAFFLE PERMIT BINGO GAMES Name of Organization R\" C-, 't I „" .i ` t> \M c ,, `. A Street Address `j '-} 1 n C� �.'� u t S LJ Mailing Address City, State, Zip Code Purpose and Type of Organization erRttoQ- _ When was the organization founded? 19 Roanoke County meeting place? 5 ' Has the organization been in existence in Roanoke County for two continuous years? YES ✓ NO Is the organization non-profit? YES_ NO Federal Identification Number _54 - 14110 6 -7? d Attach copy of IRS Tax Exemption Letter. Officers of the Organization: President �A� �� L r ��5 Vice -President Address: r. p y iu,n� Address: 10 BU -T nh 4w, c,_y,o k� V 6.. a 4�� S,�n ago k• a` ;�y 0 1� Secretary: \-�b� c rY,t�S Treasurer: m � Address: �cjj_SK rh�m Address: .53'71_0 � )d uC e:5 4t) 1� 'JL L, , o k e V a 0 I Member authorized to be responsible for Raffle or Bingo operations: Name: 72C_f'b 0 L -4-C.. M t h n Home Address a3p�n �� Yt S Phone �� - (� Bus Phone A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBERSHIP MUST BE FURNISHED WITH THIS APPLICATION. Specific location where Raffle or Bingo Game is to be conducted. RAFFLES: Date of Drawing 10-10- J2_ Time of Drawing ,pm BINGO: Days of Week and Hours of Activity: Sunday From To Monday From To Tuesday From To Wednesday From To Thursday From To Friday —Saturday From To From=�—_To__A__ 2 State specifically how the proceeds from Bingo/Raffle will be used. List in detail the planned or intended use of the proceeds. Use estimated amounts if necessary. 1 O LI 3 . BINGO: Complete the following: Legal owner(s) of the building where BINGO is to be conducted: Name: Address: County State ZIP Is the building owned by a 501-C non-profit organization? Seating capacity for each location: Parking spaces for each location: ALL RAFFLE AND BINGO APPLICANTS MUST ANSWER QUESTIONS 1-19 1. Gross receipts from all sources related to the operation of Bingo games or Instant Bingo by calendar quarter for prior calendar year period. BINGO INSTANT BINGO 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter TOTAL 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter TOTAL 2. Does your organization understand that it is a violation of law to enter into a contract with any person or firm, association, organization, partnership, or corporation of any classification whatsoever, for the purpose of organizing, managing, or conducting Bingo Games or Raffles? 3. Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Bingo games and Raffles, and that such records are subject to audit by the Commissioner of the Revenue? 4. Does your organization understand that the Commissioner of the Revenue or his designee has the right to go upon the premises on which any organization is conducting a Bingo game or raffle, to perform unannounced audits, and to secure for audit all records required to be maintained for Bingo games or raffles? 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 November of each calendar year for which a permit has been issued? 6. Does your organization understand that if gross receipts exceed fifty thousand dollars during any calendar quarter, an additional Financial Report must be filed for such quarter no later than sixty days following the last day of such quarter? 7. Does your organization understand that the failure to file financial reports when due shall cause automatic revocation of the permit, and no such organization shall conduct any Bingo game or Raffle thereafter until such report is properly filed and a new permit is obtained? A �-S 8. Does your organization understand that each Financial Report must be accompanied by a Certificate, verified under oath by the Board of Directors, that the proceeds of any Bingo game or raffle have been used for these lawful, religious, charitable, community, or educational purposes for which the organization is specifically chartered or organized, and that the operations of Bingo games or raffles have been in accordance with the provisions of Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia? 9. Does your organization understand that a two (2) percent audit fee of the gross receipts must be paid to the County of Roanoke upon submission of the annual financial report due on or before the first of November? l0. Does your organization understand that this permit is valid only in the County of Roanoke apd only at such locations, and for such dates, as are designated in the permit application? li. Does your organization understand that no person, except a bona fide member of any such organization who shall have been a member of such organization for at least ninety days prior to such participation, shall participate in the management, operations, or conduct of any bingo game or raffle, and no person shall receive any remuneration for participating in management, operations, or conduct of any such game or raffle? 12. Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke? 5 13. Does your organization understand that any organization found in violation of the County Bingo and Raffle Ordinance or Section 18.2-340.10 of the Code of Virginia authorizing this permit is subject to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above referenced Codes may be guilty of a felony? 14. Has your organization attached a complete list of its membership to this application form? 15. Has your organization attached a copy of its bylaws to this application form?�� 16. Has the organization been declared exempt from property taxation under the Virginia Constitution or statues? )1Z If yes, state whether exemption is for real, personal operty, or both and identify exempt property. 17. State the specific t�pe and purpose of the organization. V.11_nrno rv� A -a �, ...... \0 T fA 18. Is this organization incorporated in Virginia? � If yes, name and address of Registered Agent: 19. Is the organization registered with the Virginia Department of Agriculture and Consumer Affairs pursuant to the Charitable Solicitations Act, Section 57-48 of the Virginia Code? ,� p (If so, attach copy of registered agent.) Has the organization been granted an exemption from registration by the Virginia Department of Agriculture and Consumer Affairs?-D.12— (If so, attach copy of exemption.) ALL RAFFLE APPLICANTS DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES, AND PROCEED TO NOTARIZATION. Article Description .� A.V �� l� 0 r� � r-ibmr-6 ea eSC Fair Market Value 0,bD 5D,o0 ZDo,00 6 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 54.98 of the Roanoke County Code must include the following: a. A record of the date, quantity, and card value of instant bingo supplies purchased, as well as the name and address of the supplier of such instant bingo supplies, and written invoice or receipt is also required for each purchase of instant bingo supplies? b. A record in writing of the dates on which Bingo is played, the number of people in attendance on each date, and the amount of receipts and prizes on each day? (These records must be retained for three.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? 7 ' 25. Does your organization understand that an organization whose gross receipts from all bingo operations that exceed or are expected to exceed $75,000 in any calendar year shall have been granted tax-exempt status pursuant to Section 501C Internal Revenue Code Service? (Certificate must be attached.) 26. Does your organization understand that a Certificate of Occupancy must be obtained or be on file which authorizes this use at the proposed location? 27. Does your organization understand that awards or prize money or merchandise valued in excess of the following amounts are illegal? a. No door prize shall exceed twenty-five dollars. b. No regular Bingo or special Bingo game shall exceed One Hundred dollars. C. No jackpot of any nature whatsoever shall exceed One Thousand Dollars, nor shall the total amount of jackpot prizes awarded in any one calendar day exceed One Thousand Dollars. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS I hereby swear or affirm under the penalties of perjury as set forth in §18.2 of the Code of Virginia, that all of the above statements are true to the best of my knowledge, information, and beliefs. All questions have been answered. Signed by: Name e Home Address Subscribed and sworn before me, this %G day of X19 in the County/� of - - Virginia. My commission expires: 19---_. Notary Public RETURN THIS COMPLETED APPLICATION TO: COMMISSIONER OF THE REVENUE P.O. BOX 20409 ROANOKE, VA 24018-0513 NOT VALID UNLESS COUNTERSIGNED The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this calendar year. Date/ Commis Toner oft , eRevenue The above application is not approved. Date Commissioner of the Revenue 0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1992 RESOLUTION 92292-10 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the resolution, excluding the pending litigation issue, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Kohinke cc: File Executive Session A COPY TESTE: 2=-A .- --Iv. -Oe:)�2 Mary H. Aftlen, Clerk Roanoke County Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 1992 RESOLUTION 92292-11 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $1,830,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF The Board of Supervisors ("Board") of the County of Roanoke, Virginia ("County") has determined that it is necessary and expedient to borrow not to exceed $1,830,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. The County has held a public hearing, after due publication of notice, on September 22, 1992 on the issuance of such bonds in accordance with Section 15.1-227.8, Code of Virginia of 1950, as amended ("Virginia Code"). The School Board of the County has requested by resolution, the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in an aggregate principal amount not to exceed $1,830,000 ("Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the Virginia Public School Authority ("VPSA") for the VPSA to purchase from the County, and to sell to the VPSA, the Bonds at the price of par, upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1992"; shall bear interest payable from the date of delivery thereof semi-annually on each June 15 and December 15 (each an "Interest Payment Date"), beginning June 15, 1993, or such other date as VPSA may establish, at the rate or rates established in accordance with paragraph 4 of this Resolution; and shall mature on December 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. 4. Principal Installments and Interest Rates The County Administrator is hereby authorized and directed to accept the interest rate or rates on the Bonds established by the VPSA, provided that no such interest rate shall be more than ten one - hundredths of one percent (0.10%) over the annual rate to be paid by the VPSA for the corresponding maturity of the bonds to be issued by the VPSA ("VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that no interest rate on the Bonds shall exceed nine percent (9%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, provided that such aggregate principal amount shall not exceed $1,830,000 and the final maturity of the Bonds shall not be later than December 15, 2014. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. On twenty days written notice from the VPSA, the County shall deliver, at its expense, Bonds in marketable form in denominations of $5,000 and whole multiples thereof, as requested by the VPSA, in exchange for the temporary typewritten Bond. 6. Payment; Paving Agent and Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal or interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) C `B- ri Richmond, Virginia, is designated as Bond Registrar aricl 1ayrig'pgent for the Bonds. 7. Prepayment or Redemption. The Principal Installments of the Bonds coming due on or before December 15, 2002, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before December 15, 2002, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds coming due after December 15, 2002, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after December 15, 2002, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after December 15, 2002, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices December 15, 2002 to December 14, 2003, inclusive..... 103% December 15, 2003 to December 14, 2004, inclusive..... 102 December 15, 2004 to December 14, 2005, inclusive..... 101 December 15, 2005 and thereafter ...................... 100; Provided, however, that while the VPSA is the registered owner of the Bonds, the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the VPSA. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than thirty (30) days before the date fixed for prepayment or redemption. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit For the prompt payment of the principal of, the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate and amount and in addition to all other taxes authorized to be levied in the County -3- to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate; Non -Arbitrage Certificate. The Chairman of the Board, the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non -Arbitrage Certificate and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended ("Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Non -Arbitrage Certificate and such Use of Proceeds Certificate and that the County shall comply with the covenants and representations contained therein. Furthermore, the Board covenants on behalf of the County that the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non -Arbitrage Program; Proceeds Agreement The Board hereby determines that it is in the best interests of the County to authorize and direct the Treasurer of the County to participate in the State Non -Arbitrage Program in connection with the Bonds. The County Administrator, the Chairman of the Board, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, Public Financial Management, Inc., as investment manager, and Central Fidelity Bank, as depository. 12. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 13. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 14. Effective Date. This Resolution shall take effect immediately. -4- on motion of Supervisor Nickens to adopt the resolution with Crestar Bank designated as Bond Registrar, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Kohinke The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 22, 1992, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Roanoke, Virginia, this 22nd day of September, 1992. Mary H. Killen, Clerk Board of Supervisors of the County of Roanoke, Virginia ( SEAL) cc: File Bond Counsel Circuit Court Judge Ruth Wade, Clerk to the School Board Alfred C. Anderson, County Treasurer Diane Hyatt, Director, Finance Paul M. Mahoney, County Attorney -5- NO. TR -1 Exhibit A (FORM OF TEMPORARY BOND) UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE General Obligation School Bond Series 1992 The COUNTY OF ROANOKE, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of Dollars ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on December 15, and annually on December 15 thereafter to and including December 15, (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi- annually on June 15 and December 15 of each year commencing on (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, , Richmond, Virginia, as bond registrar ("Bond Registrar") shall make all payments of principal of, premium, if any, and interest on this Bond, without presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of principal of, premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.1-227.25 of the Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax -2- upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal of, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 5.1, Title 15.1, Code of Virginia of 1950, as amended, and resolutions duly adopted by the Board of Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost at the office of the Bond Registrar for an equal aggregate principal amount of bonds in definitive form having maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid, issuable in fully registered form in the denominations of $5,000 and whole multiples thereof. This Bond is registered in the name of Virginia Public School Authority on books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the -3- surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before December 15, 2002, and the definitive Bonds for which this Bond may be exchanged that mature on or before December 15, 2002, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after December 15, 2002, and the definitive Bonds for which this Bond may be exchanged that mature after December 15, 2002, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after December 15, 2002, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices December 15, 2002 to December 14, 2003, inclusive...... 103% December 15, 2003 to December 14, 2004, inclusive...... 102 December 15, 2004 to December 14, 2005, inclusive...... 101 December 15, 2005 and thereafter ....................... 100; Provided, however, that while the Virginia Public School Authority is the registered owner of this Bond or of the definitive Bonds for which this Bond may be exchanged, the Bonds shall not be subject to prepayment or redemption prior to their stated maturities without first obtaining the written consent of the -4- Virginia Public School Authority. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than thirty (30) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of the County of Roanoke, Virginia, has caused this Bond to be issued in the name of the County of Roanoke, Virginia, to be signed by its Chairman, its seal to be affixed hereto and attested by the signature of its Clerk, and this Bond to be dated (SEAL) ATTEST: , 1992. COUNTY OF ROANOKE, VIRGINIA By Clerk, Board of Supervisors Chairman, Board of Supervisors of the County of Roanoke, of the County of Roanoke, Virginia Virginia -5- FOR VALUE transfers unto ASSIGNMENT RECEIVED, the undersigned sells, assigns and (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: Dated: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company.) W:\VSA\ \F0M 6.RS3 Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) September 22, 1992 At a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on September 22, 1992, the following persons were present or absent as shown: PRESENT : Upon motion by ---------------, seconded by ................. the following resolution was adopted by a majority of the members of the Board of Supervisors by the following roll call vote, as recorded in the minutes of the meeting: ::• —2— AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 22, 1992 ORDINANCE 92292-12 TO ELIMINATE PROFFERED EXISTING CONDITIONS ON THE REZONING OF A 12.26 -ACRE TRACT OF REAL ESTATE LOCATED ON THE NORTH SIDE OF PETERS CREEK ROAD (ROUTE 117) APPROXIMATELY 50 FEET WEST OF ITS INTERSECTION WITH CENTURION ROAD IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B- 2, CONDITIONAL, TO THE ZONING CLASSIFICATION OF B-2, WITH ONE CONDITION, UPON THE APPLICATION OF DOMINION BANK, NATIONAL ASSOCIATION WHEREAS, the first reading of this ordinance was held on August 25, 1992, and the second reading and public hearing was held September 22, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 1, 1992; and, WHEREAS, legal notice and advertisement has been provided as required by law; and WHEREAS, this property was rezoned from M-1, Light Manufacturing, and A-1, Agriculture, to B-2, General Commercial District, with proffered conditions, in August of 1987. 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 approximately 12.26 -acres, as described herein, and located on the north side of Peters Creek Road (Route 117) approximately 50 feet west of its intersection with Centurion Road in the Hollins Magisterial District, is hereby changed from the zoning classification of B-2, General Commercial District, with 1 conditions to the zoning classification of B-2, General Commercial District, with one condition. 2. That this action is taken upon the application of Dominion Bank, National Association. 3. That the Petitioner, Dominion Bank, National Association, now requests elimination of the following proffered conditions approved by the Board of Supervisors in August of 1987, and that the following proffered conditions are hereby rescinded: (a) That the property will be utilized in substantial conformity with the development plan prepared by T. P. Parker & Son, Engineers & Surveyors, under date of July 6, 1987, with the exception that there will only be two entrances to said property. (b) That the showroom to be constructed will be a two-story structure. (c) That all lighting will be shielded away from adjoining properties and will be directed solely upon the subject property. (d) That one entrance shall be aligned with a cut in Peters Creek Road, either at the existing location or at a new location, should the present location be moved. (e) That all drainage, screening and buffering shall be in accordance with the Roanoke County Ordinance. (f) That there will only be two signs on the property which are not attached to structures. The signs will be in substantial conformity with the design attached hereto. 4. That the Petitioner, Dominion Bank, National Association, now voluntarily agrees to the following proffered condition: (a) That the existing buildings on the property shall be demolished and removed to an approved disposal site within 180 days of the approval of the petition to rezone the subject property. 5. That said real estate is more fully described as follows: 2 Parcel 1 BEGINNING at a point on the northerly side of Peters Creek Road and at the southeasterly corner of the property of Maury L. Strauss, et als. (DB 1244, page 1352); thence with a curve to the right along Peters Creek Road having a chord bearing and distance of S. 60 deg. 47' 54" W. 832.07 feet, an arc distance of 833.79 feet to a concrete monument; thence leaving said Peters Creek Road N. 28 deg. 39' 30" W. 875.61 feet to a pin set at the southerly corner of the property of William H. Craft (DB 1186, page 432); thence along the property line of the said William H. Craft N. 60 deg. 25' E. 331.34 feet to an old pin located on the southeasterly property line of Howard B. Fitzgerald, Jr. (DB 1117, page 784); thence S. 37 deg. 27' E. 676.37 feet to a large bolt at the southerly corner of the property of Maury L. Strauss, et als. (DB 1177, page 751); thence N. 55 deg. 48' E. 275.20 feet to a pin located at the approximate center of Lot 1, Block 1, Century Estates; thence along the southerly property line of Lot 1, Block 1, Century Estates and the property of Maury Strauss, et als., (DB 1244, page 1352) S. 56 deg. 45' 21" E. 262.11 feet to the point and place of BEGINNING, and containing 9.967 acres situate on Peters Creek Road (Route 117) as shown on a topographic survey for Eugene Lynn by T. P. Parker & Son, dated April 8, 1987. Parcel 2 BEGINNING at a point on the northwest corner of Lot 21, Block 2, Plat of Century Estates of record in Plat Book 9, page 282 of the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia; thence S. 35 deg. 45' E. 104.50 feet to a pin set at the southwest corner of said Lot 21, Block 2, Century Estates; thence along the southerly property line of said Lot 21, Block 2, Century Estates, N. 54 deg. 15' E. 15.91 feet to a pin set; thence leaving Lot 21 and along the westerly side of Centurion Road, NW, S. 35 deg. 53' 50" E. 79.92 feet to a pin set on the northerly corner of Lot 2, Block 2, Map of Century Estates; thence leaving Centurion Road and with a curve to the left having a chord bearing and distance of N. 80 deg. 49' 25" W. 42.37 feet, an arc distance of 47.05 feet to a point on the northerly property line of said Lot 2, Block 1, Century Estates; thence along same S. 54 deg. 15' W. 103.71 feet to an old pin set at the westerly corner of said Lot 2, Block 1, Century Estates; thence with the westerly line of the aforesaid Lot 2 and 1, Block 1, Map of Century Estates, S. 35 deg. 53' 50" E. 114.48 feet to an old pin; thence S. 56 deg. 45' 21" E. 9.14 feet to an old bolt set; thence S. 55 deg. 48' W. 275.20 feet to a large bolt along the northerly line of a 9.967 acre tract of Royal Buick Company; thence N. 37 deg. 27' W. 270.03 feet along the easterly line of the same Royal Buick Company tract to a pin set on the southerly corner of property of Ellis E. & Lena D. Cullen (DB 750, page 298); thence along the said Cullen property N. 54 deg. 13' 39" E. 397.13 feet to the point and 9 place of BEGINNING and containing 2.171 acres as shown on survey for Royal Buick Company showing a 9.967 acre tract, an acre stormwater management easement, a 20' drainage easement, and a 20' waterline easement made by T. P. Parker & Son, Engineers & Surveyors, Ltd. dated December 13, 1988. 6. 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 shall be, and the same hereby are, repealed. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Kohinke A COPY TESTE: Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Arnold Covey, Director, Engineering & Inspections Terry Harrington, Director, Planning & Zoning John Willey, Director, Real Estate Assessment Paul Mahoney, County Attorney 4