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HomeMy WebLinkAbout10/27/1992 - Adopted Board RecordsACTION NO. A-102792-1 ITEM NUMBER -Z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM• Reconsideration of request to upgrade Hewlett-Packard system to support Administrative computing. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: O This request is being resubmitted at the request of Supervisor Nickens who voted with the prevailing side when this issue was considered on October 13, 1992. For the past twenty-four months staff have carefully monitored resource availability on the County HP950 central computer. The number of applications supported and the number of users concurrently accessing the computer has grown at a rate much greater than anticipated, from 50 in 1990 to over 110 in 1992. Attached is a document which chronologically shows the addition of applications and the subsequent effect on the growth in the number of users. In December 1990 it was evident that an upgrade would be required as early as FY 92/93. Staff prepared and submitted requests for an upgrade as part of previous budget processes and the CIP. Due to the economic situation last year, staff instituted procedures to maintain support without requesting funds to alleviate the problem. A limitation was placed on the number of concurrent users to assure adequate response, and occasionally, some users are requested to sign off to allow access for critical applications. The County is currently operating well above the recommended equipment utilization level. This hinders the provision of good customer service to our citizens and lowers the productivity of employees. SUMMARY OF INFORMATION: New equipment with twice the power can now be purchased at 25% of the cost of the original equipment with additional savings of approximately $620 per month for hardware and software maintenance. There will be additional savings from reduced power consumption to run the equipment and provide air conditioning. Until October 31, 1992, the vendor is offering a savings of $35,000 to all current users of their model HP950 computers if they trade in their existing equipment and upgrade to a model HP957. This is a one-time opportunity for the County to replace the current equipment with minimal additional funds. The new equipment would provide for lower operating costs and address critical capacity and utilization concerns. Delaying the decision to purchase the equipment could cost the County an additional $35,000, could result in increased maintenance costs, and will not solve the utilization problems that exist with the current HP model. FISCAL IMPACT• There would be no additional funds required during the current year. The current lease/purchase agreement would be extended an additional two years and three months at a reduced monthly payment. Operating expenses would be reduced by over $7,400 annually. Attached is a funding schedule showing the additional funds required through FY 95/96. The total appropriation of $119,641 would be included in future budget requests. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the replacement of the current Hewlett-Packard system. Staff further requests authorization to execute a three-year lease/purchase agreement taking advantage of the trade-in and promotional incentives offered by Hewlett-Packard until October 31, 1992. Respectfully submitted, Oscar D. Bry4ffit Director, M.I.S. MOTION #1 Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Approved by, Elmer C. Hodge County Administrator Action Motion by: Harry C. Nickens motion to reconsider reauest Vote No Yes Absent Eddy x Johnson x Kohinke x Minnix x Nickens x cc: File Oscar D. Bryant, Director, M.I.S. Reta Busher, Director, Management & Budget Diane Hyatt, Director, Finance Elaine Carver, Director, Procurement MOTION #2 - NEXT PAGE ------------- MOTION #2 Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) cc: File ACTION VOTE Motion by: HARRY C. NICKENS No Ye AMENDED MOTION TO APPROVE Eddy REPLACEMENT OF CURRENT H. P. Johnson SYSTEM AFTER TAKING ADVANTAGE Kohinke OF TRADE-INS OFFERED BY H. P. Minnix AND APPROPRIATE $126,281 FROM Nickens CURRENT UNAPPROPRIATED FUND BALANCE WHICH WOULD INCLUDE PAYOFF OF CURRENT LEASE PURCHASE Yes Oscar D. Bryant, Director, M.I.S. Reta R. Busher, Director, Management & Budget Diane D. Hyatt, Director, Finance Elaine Carver, Director, Procurement Absent X X X X X CHRONOLOGICAL REPORT OF APPLICATION IMPLEMENTATION AND USER GROWTH o May 1990 user access limit was raised from 50 to 70. - PASCO III (Real Estate Assessment system) was brought on-line. - FAMIS (Financial Information System) was nearing implementation and access was restricted to select Finance staff. - Clerk of Court Indexing system was brought on-line with access limited to Clerk staff and vault researchers. o September 1990 user access limit raised from 70 to 80. - Access demand increases as PASCO III, FAMIS, and INDEXING systems are opened for access to other departments. o November 1990 user access limit raised from 80 to 90. - Posthaste (Email) was installed. Current system users and others request access to application. - Additional users request access to Assessor's, Finance, and Clerk of Court systems. o February 1991 user access limit raised from 90 to 110. - Business License system was brought on-line which increases the number of users in the Commisioner of Revenue office and adds new users to the system. o November 1991 - Building Permits system brought on-line which increases the number of users in Engineering and Inspections and adds new users to the system. - County departments, Schools, and the Town of Vinton are informed that no new applications will be added to the system and users are requested to limit the amount of time signed -on the system. o January 1992 - MIS implemented procedures to improve system performance. This includes mandatory restrictions on access time by non-critical users. o October 1992 - An additional 40 users are currently on waiting list for system access. Requesting departments include; Social Services, Sheriffs Office, Engineering and Inspections, Police, Fire and Rescue. ZD -2 Hewlett Packard Upgrade Proposal $72,864 December 1992 HP950 Lease payoff. 100,338 HP957 upgrade cost. $173,202 Total amount to finance. (72,905) Funds obligated in FY 92-93 and 93-94 for existing lease @ 8100.55 per month. $100,297 New money required for lump sum payment. $119,641 New money required @ 5348.49 per month for 36 months. NOTES: Required software upgrade cost will be funded with current year maintenance savings. The machine resources for additional applications will be available with the system upgrade, however, current staffing levels will not support such additions. FUNDING SCHEDULE FOOTNOTES 1 2,5 3 4,5 (1) The new lease at seven percent, will be for three years, and will cover the balance due on the old lease and the new equipment. (2) This is the balance on the existing lease which goes through September 1993. (3) Funds budgeted for FY 92-93, but not required, would be carried over for use in FY 93-94. (4) Schedule of new money needed to meet the requirements of the new lease. (5) These schedules are predicated upon having the new equipment installed by the end of December 1992, and that the new lease will begin by January 1993. UPGRADE CURRENT NEW LEASE LEASE CARRY MONEY PAYMENTS ' OBLIGATION OVER NEEDED F92-93 $32,091.00 $48,603.00 $16,512.00 $0.00 93-94 64,182.00 24,302.00 (16,512.00) 23,368.00 94-95 64,182.00 64,182.00 95-96 32,091.00 32,091.00 $192,546.00 $72,905.00 $0.00 $119,641.00 FOOTNOTES 1 2,5 3 4,5 (1) The new lease at seven percent, will be for three years, and will cover the balance due on the old lease and the new equipment. (2) This is the balance on the existing lease which goes through September 1993. (3) Funds budgeted for FY 92-93, but not required, would be carried over for use in FY 93-94. (4) Schedule of new money needed to meet the requirements of the new lease. (5) These schedules are predicated upon having the new equipment installed by the end of December 1992, and that the new lease will begin by January 1993. ACTION NUMBER A-102792-2 ITEM NUMBER Z —4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 SUBJECT: Request to Execute a Mutual Aid Agreement with Franklin County COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: Title 27 of the Code of Virginia provides for the establishment of mutual aid agreements between political jurisdictions for the purpose of providing fire and rescue services. Roanoke County has set a goal of obtaining a written mutual aid agreement with all surrounding localities. SUMMARY OF INFORMATION: Roanoke County fire and rescue stations have had a long standing verbal agreement with Franklin County stations to provide fire and rescue response upon request from either locality. In fact, there are two sections of Franklin County that the Bent Mountain station have served since its founding. Whenever service was needed from this station, the citizens of Franklin County accessed our communications center through a Bent Mountain emergency number. Franklin County is in the process of implementing their 911 phone system and these citizens will soon have this emergency access service. The Director of Public Safety has requested that we formalize our agreement for mutual aid assistance from either jurisdiction to better serve the citizens of both counties, and to specifically address the areas that we currently provide primary response to in Franklin County. Franklin County has provided a mutual aid agreement for our action, and the document has been reviewed by the Senior Assistant County Attorney. He sees no legal reasons that should preclude the approval and execution of this document. FISCAL IMPACT• With the approval and implementation of this agreement the only fiscal impact will be for cost associated with emergency response. This should equal out with response received from Franklin County. STAFF RECOMMENDATION: Staff recommends that the Board authorize the County Administrator to execute such documents and take such action as may be necessary to accomplish the purposes of this transaction, all upon form to be approved by the County Attorney. SUBMITTED BY: T. C. F qua Chief f Fi4-e and Rescue Elmer C. Hodge, Jr. County Administrator ACTION VOTE Approved (X) Motion by: Edward G Kohinke No Yes Ab.2nt Denied ( ) motion to approve mutual aid Eddy X Received ( ) agreement Johnson _x Referred Kohinke _ x To Minnix x Nickens x cc: File T. C. Fuqua, Chief of Fire & Rescue John Cease, Chief of Police Paul M. Mahoney, County Attorney �-y This Agreement, made and entered into this day of , 1992, by and between the COUNTY OF FRANKLIN, VIRGINIA, hereinafter referred to as Franklin County and the COUNTY OF ROANOKE, VIRGINIA, hereinafter referred to as Roanoke County. WITNESSETH WHEREAS, the Board of Supervisors of Franklin County and the Board of Supervisors of Roanoke County desire to provide the best and most cost- effective fire protection, EMS and rescue services for their citizens; and WHEREAS, both Franklin County and Roanoke County maintain firefighting and EMS equipment and provide for these services with the help of dedicated volunteers, as authorized by sections 27-6.1, 32.1-156, and 27-23.1 of the Code of Virginia; and WHEREAS, both the Board of Supervisors of Franklin County and the Board of Supervisors of Roanoke County have concurred in the effort to develop a mutual aid agreement for improved firefighting and EMS capabilities within and around the jurisdictions of Franklin County and Roanoke County, as authorized by Sections 27-1, 27-2, 27-4, and 27-23.1 of the Code of Virginia. NOW THEREFORE, for and in consideration of the undertakings hereinafter set out, the parties covenant and agree as follows: Mutual Aid Agreement, Franklin County - Roanoke County Page 1 of 7 O- 1. Mutual Aid in Firefighting and EMS/Rescue - a. The Franklin County Department of Public Safety, Fire Division and EMS/Rescue Division will respond or cause response to any call for mutual aid within Roanoke County, when personnel and equipment are available and can be safely spared. Response will be initiated as requested by authorized personnel or automatically as outlined by first response areas designated by Roanoke County. b. The Roanoke County Fire and Rescue Department will respond to any call for mutual aid within Franklin County, when personnel and equipment are available and can be safely spared. Response will be initiated automatically as outlined in the current Standard Operating Procedures of the Franklin County Department of Public Safety or anytime at the request of Franklin County or Franklin County Public Safety Units. Automatic mutual aid will be inititiated within the boundaries of the fire and EMS/Rescue response zones marked on a map of the County and maintained in the office of the Franklin County Department of Public Safety. Pursuant to Section 8-11.4 of the Franklin County Code, fire boundaries and EMS boundaries may be changed from time to time in order to provide for the best services available. Mutual Aid Agreement, Franklin County - Roanoke County Page 2 of 7 0 .D- y 2. Assistance in non -designated areas - Franklin County and Roanoke County agree to respond when called to assist in the other areas not described in this agreement when the personnel and equipment are available and can be safety spared. 3. Designation of officials - Franklin County and Roanoke County fire and EMS/Rescue units shall respond to a call for service only upon request of the official designated for that purpose. The parties shall notify one another of the identity of the official or officials designated to request such assistance. 4. Notification of calls - The Franklin County Communications Center will notify units of both Franklin County and Roanoke County of all fire and EMS/Rescue calls received within Franklin County where mutual aid assistance is required. Calls for service received by the other jurisdiction will will be directed to the respective Communications Center for appropriate handling. Mutual Aid Agreement, Franklin County - Roanoke County Page 3 of 7 ,2)_y 5. Application of Department policies - Officers, employees, agents, and volunteers shall comply with the operational policies of their respective departments. The parties agree to hold their own officers, agents, employees, and volunteers, respectively, responsible and accountable for compliance with operational policies of the respective departments. 6. Supervision and control of joint services - Pursuant to Section 27-23.9 of the Code of Virginia, whenever two or more fire companies or departments are called to provide joint services in any district or political subdivision, the commander of the first company to arrive shall have general supervision and control of all such participating companies and departments until an officer of such district or political subdivision who is otherwise authorized by law to do so shall assume such general supervision and control. For the purposes of this section, districts and political subdivisions are concurrent and general supervision and control of firefighting and EMS activities within Franklin County shall be conducted by officers designated in the latest command structure of the Franklin County Department of Public Safety as maintained in writing in that office and approved by the Franklin County Board of Supervisors. Mutual Aid Agreement, Franklin County - Roanoke County Page 4 of 7 6 7. Retention of benefits - While acting under this agreement, officers, agents, employees, and volunteers shall have all of the immunities from liabilities and exemptions from laws, ordinances, and regulations and shall have all the pension, relief, disability, workers' compensation, and other benefits enjoyed by them while performing their respective duties within the territorial limits of their own political subdivision. 8. Indemnification, save harmless, and liability protection - a. As provided for in Section 27-2 of the Code of Virginia, each party hereby agrees to (1) waive any and all claims against the other parties thereto which may arise out of their activities outside their respective jurisdictions under such agreement; and (2) indemnify and save harmless the other parties for property damage or personal injury which may arise out of the activities of the other parties to such agreement outside of their respective jurisdications under such agreement. b. To protect the financial interests of each party against liability that may arise, both Franklin County and Roanoke County will provide insurance coverage, or a line - of -credit payment bond, for services in the amount of no less than $1,000,000 for liability claims that Mutual Aid Agreement, Franklin County - Roanoke County Page 5 of 7 jb may arise out activities of the respective parties. Each shall provide the other with sufficient documentation of the coverages provided in the form of a Certificate of Insurance or Letter of Credit. 9. Liability for damaged equipment - Neither party shall have liability for any destruction, loss, or damage of any motor vehicle, equipment, or personal property belonging to the other party or representatives of the other party in exercise of any power under or pursuant to this agreement. 10. Immunities not impaired hereby - This agreement shall not be construed to impair or affect any sovereign or governmental immunity or official immunity that may otherwise be available to Franklin County or any officer, agent, or employee of Franklin County, or to Roanoke County or any officer, agent, or employee of Roanoke County. 11. Commencement of Agreement - This agreement shall become effective upon execution by both parties. Mutual Aid Agreement, Franklin County - Roanoke County Page 6 of 7 • 12. Termination of Agreement - Any party to this agreement may terminate same, with or without cause, by giving written notice to the other party by certified mail, return receipt requested. Any termination notice must be given at least ninety (90) days prior to July 1st of any given year. This agreement shall continue to be in force from year to year unless terminated as indicated above, or all parties mutually agree to terminate. 13. Entire Agreement - This agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, or agreements, either oral or written. This agreement may be amended only by written instrument signed by authorized representatives of all parties. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. Attest: Clerk Attest: Approved as to form - County Attorney COUNTY OF FRANKLIN, VIRGINIA L'� Chairman, Board of Supervisors COUNTY OF ROANOKE, VIRGINIA BY: Clerk Chairman, Board of Supervisors PROM ASND FORM J Mutual Aid Agreement, Franklin County - Roanoke Countye i Lo u,41 Page 7 of 7 1A'd �, Y A ACTION NO. -102792-3 ITEM NUMBER D -S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM• October 27, 1992 Request to Implement the Comprehensive Services Act, and Authorize and Appoint members to the County's Policy and Management Team COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The 1991 Session of the General Assembly adopted the "Comprehensive Services Act for At -Risk Youth and Families". The law is intended to create a collaborative system of services and funding that is child -centered, family -focused and community-based when addressing the needs of troubled and at -risk youth and their families. Attached is more detailed information regarding the Comprehensive Services Act. The Act requires each community to establish a policy and management team that will receive the Act funds. This team shall also: 1. Be responsible for the development of interagency Policies and procedures; 2. Establish long-range community -wide planning for the development of resources and services needed; 3. Establish policies governing referrals and reviews of children and families to the family assessment and planning teams; 4. Review the assessment team's recommendations and requests for funding. SUMMARY OF INFORMATION: Membership on the policy and management team to be appointed by the local governing body shall include, at a minimum, the local agency head or their designee of the following community agencies: Community Services Board (Mental Health Services), Juvenile Court Services Unit, Department of Health, Department of Social Services, and the local School Division. The team shall also include a parent representative who is not an employee of any public or private program which serves children and families. Those persons appointed to represent community agencies shall have authority to make policy and funding decisions for their agencies. The local governing body may also appoint other members to the team, including, but not limited to, a local government official, a representative of private community resources, a local law enforcement officer, and representatives of other public agencies. Representatives from the various valley agencies have met to discuss the delivery of services and to offer input into the process of implementing the Act. In 1991, the City of Roanoke received a demonstration grant to establish its interagency council as a pilot project in this program for the State. After a review of the Act, the City of Roanoke has expressed its intent to remain solely with its own interagency council and with its own group of assessment teams. The City of Salem has expressed its intent to establish its own policy and management team. The City of Salem and County of Roanoke would continue to use joint assessment teams for the provision of services. This decision is based upon the political reality that the overall program is underfunded at the State level and with the concern that each locality should be responsible for the provision of services to its own residents. The County's ad hoc committee of agency heads as outlined in the Act desire this joint program between the County of Roanoke and the City of Salem because most of these agency heads provide services to both localities. The County's ad hoc committee requests that the following persons or their designee be appointed as the County's representatives to the multi -jurisdictional Policy and Management Team as required by the Comprehensive Services Act: Person Dr. Betty McCrary Dr. Margaret Hagan Michael Lazzuri Melissa Hays -Smith Chief John Cease Dr. Eddie Kolb Diane Hyatt Joe Obenshain Jerry L. Canada Herb Befkar (DePaul's Children Services) John Chambliss, Jr. Beverly Waldo (Youth Haven II) Kathy Fusco 2 Agency/Role Department of Social Services Department of Health Court Services Unit Mental Health Services Roanoke Co. Law Enforcement Roanoke County School Division Roanoke County Fiscal Officer Roanoke County Legal Roanoke County Parent Representing Private Community Resource Roanoke County Local Government Official Public Resources Agency Roanoke County Parent FISCAL IMPACT• The pooled monies for the delivery of services begins July 1, 1993. There is a State Trust fund which will award grants effective January 1, 1993, to localities on a competitive application basis for programs addressing early intervention services. These grants will be 100% state funding and the application will be prepared by the Policy and Management Team. No appropriation of monies is required at this time. STAFF RECOMMENDATION• The Board of Supervisors is respectfully requested to authorize the establishment of the County's Policy and Management Team and to appoint the County's representation as required by the Comprehensive Services Act. Respectfully submitted, Appro,,yed by Oo�Ni.�Cmbl' Elmer C. Hodge Asst. County Administrator County Administrator ------------------------------------ ACTION VOTE Approved (x) Motion by: Lee B. Eddy motion No Yes Abs ent Denied ( ) to approve staff recommendationsEdd x Received ( ) with chancre in title to y Referred Johnson x ( ) County's Policy and Management Kohinke x To ( ) Team Minnix x Nickens x cc: File John M. Chambliss, Jr., Assistant County Administrator Mary H. Allen, Clerk to the Board Committee Book 3 Attachment A Comprehensive Services Act Hist The 1991 Session of the General Assembly adopted the Comprehensive Services Act for At -Risk Youth and Families to create a collaborative system of services and funding that is child - centered, family -focused, and community-based when addressing and needs of troubled and at -risk youths and their families. The law shall be interpreted and liberally construed so as to effectuate the following purposes: 1. To ensure that services and funding are consistent with the Commonwealth's policies of preserving families and providing appropriate services in the least restrictive environment while protecting the welfare of children and maintaining the safety of the public. 2. To identify and intervene early with young children and their families who are at -risk of developing emotional or behavioral problems or both due to environmental, physical or psychological stress. 3. To design and provide services that are responsive to the unique and diverse strengths and needs of troubled youth and families. 4. To increase interagency collaboration and family involvement in service delivery and management. 5. To encourage a public and private partnership in the delivery of services to troubled and at -risk youth and their families. 6. To provide community flexibility in the use of funds and to authorize communities to make decisions and be accountable for providing services in concert with these purposes. In the Spring of 1990, the Governor established the Council on Community Services For Youth and Families, which was a cross secretarial interagency council formed between the Secretary of Health and Human Resources, Secretary of Education, and Secretary of Public Safety. After an intense study of children's issues, the Council found that children and families may have multiple needs and are frequently involved with multiple agencies. The children are often identified by the system they enter (a welfare child, a juvenile justice child, a school system child, or a mental health 4 child) yet multiple agencies are often treating the same children. For some of the children, residential care is the most appropriate and effective way to meet their complex needs or to protect them. However, categorical funding, restrictions on the use of funds and gaps in available community services may result in many children being placed far from their families and in more restrictive care than may be necessary to meet those needs. The proposed service delivery system of the Act was driven by the philosophy that troubled and at -risk youth are best served by a community system of care that is comprehensive, coordinated and responsive to the strengths and needs of troubled youth and their families. The proposed system is designed to identify and intervene earlier, provide more flexibility in the use of funds, provide more community control and flexibility, and to provide more options to serve youth and their families. The system also allows the tailoring of services to meet the strengths and needs of the family by balancing family support and community services with secure and intensive treatment placement and by having more family involvement in service delivery decisions. Funding Funding for this Act will be provided using 16 funding streams across four state agencies and the local match currently required under existing programs provided by community agencies. The four state agencies involved include the Department of Mental Health, Mental Retardation and Substance Abuse Services; the Department of Youth and Family Services; the Department of Education; and the Department of Social Services. There are also monies that were included in the state interagency consortium. The new act does impose the community's ability to pay in the funding allocation formulas, which tends to increase the local dollars required from Roanoke County to receive the same amount of state match. Under the ability to pay, Roanoke County's share would be 45% compared to an average of 35.721% today. 5 ACTION # A-102792-4 ITEM NUMBER 2) — CO AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Approval of Change Order No. 9 and Associated Engineering costs for the Spring Hollow Reservoir Contract COUNTY ADMINISTRATOR'S COMMENTS: ✓r ��� 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. 9 in an amount of $1,186,843.40 is for material and construction required for additional drilling, grout and concrete required for the reservoir grouting. The final quantities of the reservoir grouting are: 38,530 feet of 3 inch holes 25,044 feet of 6 inch holes 4,006 cubic yards of grout 5,401 cubic yards of concrete The final quantity of grouting is 136% higher than the quantities contained in the construction bid. However, these final quantities are less than the original grouting estimates made when the project was approved by the Board of Supervisors. In addition to the above increase in the contract amount, additional geotechnical engineering services were required for grouting inspection, logging of holes and analysis of grouting program. Cost of this additional work is $79,000. Staff requests that the Board of Supervisors approve the additional expense related to the grouting. ID FISCAL IMPACT• Funds required for Change Order No. 9 in the amount of $1,186,843.40 and $79,000 for related engineering services 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. 9 in the amount of $1,186,843.40 and engineering services in the amount of $79,000. It is further recommended that the Board of Supervisors authorize the County Administrator to execute Change Order No. 9 on behalf of Roanoke County. SUBMITTED BY: A�' Ap- "pvW--X'q* .M.W. Utility Approved (x) Denied ( ) Received ( ) Referred to APPROVED: Elmer C. Hodge County Administrator ACTION VOTE Motion by: Harry C. Nickens No to approve change order Eddy _ Johnson _ Kohinke _ Minnix _ Nickens cc: File Clifford D. Craig, Director, Utility Yes Abs ent X x X X X ACTION.WO. A-102792-5 ITEM NUMBER D -,7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Request for Designation of Voting Delegate to the Virginia Association of Counties' Business Meeting, November 10, 1992 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Association of Counties Annual Conference will be held at The Homestead from November 8, 1992 through November 10, 1992. Supervisor Kohinke, Supervisor Minnix and I plan to attend this conference. The attached memorandum was received from James D. Campbell, Executive Director, VACo, requesting the designation of a voting delegate from Roanoke County for the Business Meeting to be held November 10th. It is requested that the Board designate a member to serve in this voting capacity, and return the voting credentials form to VACo by November 1, 1992. Respectfully submitted, Elmer C. Hodge County Administrator ---------------------------------------------------------------- Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION VOTE Motion by: Edward G. Kohinke No motion to designate H. Odell Eddy Minnix, voting delegate, and Johnson Elmer C. Hodge, alternate Kohinke Minnix Nickens cc: File Virginia Association Supervisor Minnix Mr. Hodge Yes Absent X x X X X of Counties - Voting Credentials Forms President Kathleen K Seefeldt Prince William County President -Elect Harry G. Daniel Chesterfield County First Vice President `jIRGINIA ASSOCIATION OF COUNTIES Peggy R. Wiley • • ir Greeneville County Second vice President 1001 East Broad Street • Suite LL 20 • Richmond, Virginia 23219-1901 • (804) 788-6652 • fax (804) 788-0083 William H.H. Blevins Smyth County Secretary -Treasurer ' E. Virgil Sampson S`°"`°°nty TO: Chairmen, County Board of Supervisors Immediate Past President County Chief Administrative Officers Steven A. McGraw Roanoke County Region 1 William E. Belvin FROM: James D. Campbell, Executive Direct Gloucester County Region 2 John J. Purcell Jr. RE: Voting Credentials for the Annual Business Meeting Louisa County Region 3 David A. Kaechele nco County y HenriDATE: October 8, 1992 Arthur S. Warren Chesterfield County Region 4 The 1992 Annual Business Meeting of the Virginia Association of Marvin W. Scott Prince Edward County Counties will be held on Tuesday, November 10, from 10:15 a.m. to Noon at Marion B. Williams Prince George County The Homestead in Bath County. Region 5 J. Michael Davidson Article VI of the VACo Constitution provides that each county shall Campbell nt6 Region designate a representative of its board of supervisors to cast its vote(s) at the Brad C. Rosenberger Annual Business Meeting. However, if a member of the board of supervisors Culpeper County cannot be present for this meeting, the Association's Constitution does allow for a Region John D. Jenkinss county to designate a non -elected official from your county or a member of a Prince William County board of supervisors from another county to cast a proxy vote(s) for your county. John M. Porter Stafford County Region 8 For your county to be certified to vote at the Annual Business Meeting, Ellen M. Bozman your annual dues must be paid in full and either a completed Voting Credentials Arlington County Form or a Proxy Statement must be submitted to VAConor to Thomas Fairfax DCounity II November 1, 1992. Alternatively, this information maybe submitted to the Katherine K. Hanley Credentials Committee at its meeting on Monday, November 9 at 4:15 p.m. or to Fairfax County the registration desk prior to this meeting. Gerald W. Hyland Fairfax County William T. Newman Jr. REGIONAL CAU USES Arlingfon County In several regions of the state, more than one candidate has emerged to be Region Charles W. Curry y considered for the VACo Board of Directors. We hope that these contests can be Augusta County decided within the region before the Nominating Committee prepares its slate for Harper R. Wagner Bath County consideration by the full membership. Accordingly, we have set aside some time Region 10 Sunday afternoon, Nov. 8th, for regional caucuses, if they are needed. If your Girardus G. Ferry region would like a meeting room, please advise me ASAP. Franklin County Wanda C. Wingo BotetourtCounty Please call me at (804) 788-6652 if you have any questions about this Region 11 process. Mason A. Vaughan Sr. Pulaski County Region 12 James H. Gibson JDC: by Lee County YY Kenneth G. Mathews Washington County Attachments Representative to NACo Gerald W. Hyland Fairfax County cc: VACo Board of Directors Past Presidents Jack D. Edwards James City County W.D. Gray Richmond County Executive Director James D. Campbell, CAE General Counsel C. Flippo Hicks VACo 1992 Annual Meeting Voting Credentials Form Voting Delegate: (Supervisor) Name H. ODell "Fuzzy" Minnix Title Supervisor, Cave Spring Magisterial District Locality Roanoke County Alternate Delegate: (Supervisor) Name Elmer C. Hodge Title County Administrator Locality Roanoke County Certified by: (Clerk of the Board) Name Mary H. Allen Title Clerk to the Board Locality _ Roanoke County VACo 1992 Annual Meeting Proxy Statement County authorizes the following person to cast its vote at the 1992 Annual Meeting of the Virginia Association of Counties on November 10, 1992. a non -elected official of this county. -OR- a supervisor from This authorization is: ❑ Uninstructed. The proxy may use his/her discretion to cast on any issue to come before the annual meeting. County. County's votes ❑ Instructed. The proxy is limited in how he/she may cast County's votes. The issues on which he/she may cast those votes and how he/she should vote are: (List issues and instructions on the back of this form) Certified by: Name_ Title _ Locality V ACTION NO. A-102792-6 ITEM NUMBER I) - 8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Request from Congressman Boucher for a Roanoke County Appointee to Serve on the Not -for - Profit Corporation Southwest Development Financing, Inc. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: Board Chairman Lee Eddy has received the attached letter from Ninth District Congressman Rick Boucher. At Congressman Boucher's request, the Congress has made a special appropriation of $1 million for a tourism revolving loan fund. The fund will be used to upgrade local cultural and historic assets to increase tourism in southwest Virginia. He has established a not-for-profit corporation, Southwest Development Financing, Inc. to make available low-interest loans for local tourism development purposes. The corporation will be controlled by the 23 counties and cities in the Ninth Congressional District. SUMMARY OF INFORMATION: Congressman Boucher has asked that each City Council and Board of Supervisors designate one individual who will serve on the board of directors. The individual need not be an elected official, but should possess knowledge in fields such as commercial lending, accounting, law and the tourism industry. The attached letter outlines the responsibilities of the members of the Board of Directors. STAFF RECOMMENDATION: Chairman Eddy is requesting that the Board of Supervisors appoint either an elected official or member of the County staff to serve on the Southwest Development Financing, Inc. l MR Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Edward G. Kohinkp No Yes Abs ent Denied ( ) to designate Edward G_ Kohinke Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File The Honorable Rick Boucher, Member of Congress Committee Book RICK BOUCHER 9TH DISTRICT, VIRGINIA COMMITTEES: ENERGY AND COMMERCE JUDICIARY SCIENCE, SPACE, AND TECHNOLOGY Congrva of the aniteb *tateg CHAIRMAN, SUBCOMMITTEE ON Aouze of Reprmentatibm SCIENCE nbington, 30C 20515-4609 ASSISTANT MAJORITY WHIP October 15, 1992 The Honorable Lee B. Eddy Chairman, Roanoke County Board of Supervisors P.O. Box 29800 Roanoke, Virginia 24018-0798 Dear Lee: -,9/ WASHINGTON OFFICE: 405 CANNON HOUSE OFFICE BUILDING WASHINGTON, DC 20515-4609 (202) 225-3861 CONSTITUENT SERVICE OFFICES: 188 EAST MAIN STREET ABINGDON. VA 24210 (703) 628-1145 311 SHAWNEE AVENUE, EAST BIG STONE GAP. VA 24219 (703)523-5450 112 NORTH WASHINGTON AVENUE P.O. BOX 1268 PULASKI, VA 24301 (703) 980-4310 Each of Southwest Virginia's counties and cities contains assets which if upgraded and expanded could )make 'chat community a tourism destination. Old structures with unique architectural characteristics that reflect the history of our area abound throughout Southwest Virginia. Our communities are also noted for their rich cultural heritage which is reflected in a variety of fairs, festivals and dramas. If the old structures could be properly renovated and the fairs and festivals properly promoted, the Ninth District's localities could begin to realize more of their tourism potential. My office receives numerous requests each year from local governments and individuals expressing an interest in renovating and marketing these local assets and events; however, generally speaking, funds for those purposes are unavailable. To meet this need, I have established a not-for-profit corporation, Southwest Development Financing, Inc., and the Congress has approved my request for $1 million as the initial capital for the corporation's fund. These monies will be made available in low- interest loans for local tourism development purposes. I am enclosing for your information a public statement which I issued earlier this month which fully describes the structure of the corporation and the goals we are seeking to achieve through its activities. The corporation will be controlled by the 23 counties and cities that comprise the Ninth Congressional District. Each city council and each board of supervisors will designate one individual who will serve on the board of directors. It is my intention to convene an organizational meeting of the board of directors in December, and I would appreciate your placing on the agenda of one of your upcoming meetings the selection of an individual who will represent Roanoke County on the board of the corporation. The individual you choose need not be an elected official. It would be particularly helpful if members of the board possess knowledge in fields such as commercial lending, accounting, law and the travel and tourism industry. I would appreciate your considering these needs as you make your selection. The Honorable Lee B. Eddy page two I do not anticipate this service requiring a great deal of time. In fact, the board of directors will probably meet no more than twice each year at a location near the geographic center of the Ninth District. The board of directors will have an executive committee comprised of approximately eight board members, chosen by the board, which will meet more frequently and exercise the powers of the board between meetings of the board. The board will also appoint a loan review and project approval committee which will make the actual decisions with regard to which projects receive loans from the corporation. The board of directors will establish broad guidelines and criteria for the kinds of projects which should be funded and leave the detailed review of particular projects to others. When you have selected an individual to represent Roanoke County on the board of directors please convey that information to my Abingdon office. If you have questions concerning the structure or purposes of Southwest Development Financing, Inc., please direct them to me or to Donna Stanley, my District Director, in my Abingdon office. Thanking you for your assistance with this project, I remain with kind personal regards and best wishes Rick Boucher Member of Congress Enclosure AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 27, 1992 ORDINANCE 10-27-92-7 AUTHORI21NG CONVEYANCE AND/OR ACCEPTANCE OF CERTAIN PARCELS OF REAL ESTATE OR EASEMENTS IN CONNECTION WITH THE HOLLINS COMMUNITY DEVELOPMENT PROJECT WHEREAS, the Hollins Community Development Project has involved acquisition by the County of water and sewer easements and parcels of land for the road improvements, which are described by parcel number, with reference to the project plans, and by tax map number; and, WHEREAS, it is in the best interests of the individual property owners and the County to take the necessary steps, where a question arises, to resolve and clarify any discrepancies or lack of specificity by entering into the appropriate legal instruments for such purpose, which involves conveyance and/or acceptance of the respective interest in real estate. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on October 13, 1992; and a second reading was held on October 27, 1992; and, 2. That with reference to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed and/or accepted are solely for purposes of resolution and clarification, and do not involve the disposition or acceptance of any additional real estate; and, 3. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to convey and/or accept certain parcels of real estate or easements in order to clear any title discrepancies and to clarify legal descriptions in connection with the Hollins Community Development Project, all of which shall be on form approved by the County Attorney. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: Brenda J. H ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney John D. Willey, Director, Real Estate Assessment Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Clifford D. Craig, Director, Utility AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 27, 1992 ORDINANCE 102792-8 AUTHORIZING THE COUNTY ADMINISTRATOR TO GRANT THE RIGHT TO USE A COUNTY SANITARY SEWER EASEMENT FOR PRIVATE SANITARY SEWER SERVICE BY PROPERTY OWNERS WHEREAS, Lube Ventures Real Estate Company, L.P., a Virginia limited partnership, John J. Davis, Jr., and Jones Investment Ventures, a Virginia general partnership, are the owners of certain parcels of land located on Peters Creek Road, N.W., in the County of Roanoke, Virginia; and, WHEREAS, Roanoke County has an existing 15' sanitary sewer easement running 5' from and parallel with the northwest property lines of said parcels; and, WHEREAS, the property owners need to acquire a 10' private sewer easement within the public easement in order to provide service to the properties; and, WHEREAS, the proposed private easement does not conflict with the present or proposed County use of the existing sanitary sewer easement; and, WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on October 13, 1992; and a second reading was held on October 27, 1992. THEREFORE BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject private easement does not conflict with the specified public use of the easement, the form of the real estate interest in the subject sanitary sewer easement renders it unacceptable and unavailable for other public uses, and and is hereby declared to be surplus; and, 2. That conveyance to Lube Ventures Real Estate Company, L.P., a Virginia limited partnership, John J. Davis, Jr., and Jones Investment Ventures, a Virginia general partnership, of a 10' private sanitary sewer easement within the existing 15' public sanitary sewer easement, as shown upon the Easement Plat dated July 8, 1992, made by Balzer and Associates, Inc., a copy of which is attached hereto, is hereby authorized. 3. That the County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as may be necessary to accomplish the conveyance, all of which shall be on form approved by the County Attorney. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: Brenda J. H ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney Clifford D. Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning John D. Willey, Director, Real Estate Assessment AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 27, 1992 ORDINANCE 102792-9 AUTHORIZING THE ACQUISITION OF 13.74 ACRES OF REAL ESTATE FROM ROGER AND SHARON VEST, AND AN APPROPRIATION OF PUBLIC FUNDS THEREFOR WHEREAS, the first reading of this ordinance was held on October 13, 1992, and the second reading of this ordinance was held on October 27, 1992, and, WHEREAS, the Board has determined that the acquisition of this real estate is in the public interest and is necessary for the provision of public utility services, the drilling and construction of wells to provide potable water to the citizens of this portion of the County, and, WHEREAS, the Board has determined that the acquisition of this real estate may serve other incidental public purposes, namely, for the park and recreational needs of the citizens of the County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1) That the acquisition of that certain tract of real estate containing 13.74 acres and identified as Tax Map No. 95.01-1-46, and located on State Route 221 from Roger E. and Sharon M. Vest is hereby authorized and approved. 2) That there is hereby appropriated the sum of $50,000.00 from the Utility Fund for the purpose of acquiring said real estate, and for the expenses of acquisition. 3) That the County Administrator is authorized to execute such documents and to take such actions as may be necessary to 1 accomplish the purposes of this ordinance, all upon approval as to form by the County Attorney. 4) That this ordinance shall be in full force and effect from and after October 27, 1992. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: Brenda J. H lton, Deputy Clerk Roanoke County Board of Supervisors cc: File Clifford D. Craig, Director, Utility Paul M. Mahoney, County Attorney John D. Willey, Director, Real Estate Assessment Diane D. Hyatt, Director, Finance 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 27, 1992 RESOLUTION 102792-10 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - 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 October 27, 1992 designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4, inclusive, as follows: 1. Approval of Minutes - August 25, 1992, September 8, 1992, and September 22, 1992. 2. Approval of Raffle Permit from the Roanoke Moose Lodge No. 284 Fellowship Degree. 3. Approval of Raffle Permit from the Marine Corps Reserve Toys for Tots Program. 4. Authorization to Pay Legal Fees to Cover Litigation with Grumman Emergency Products, Inc. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Minnix to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: 62:± �4� Brenda J. olton, Deputy Clerk cc: File Roanoke County Board of Supervisors A -102792-10.a ACTION NO. ITEM NUMBER k Z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Request for approval of a Raffle Permit from the Roanoke Moose Lodge No. 284 Fellowship Degree COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke Moose Lodge No. 284 Fellowship Degree has requested a permit to hold a raffle in Roanoke County on December 19, 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 from the Roanoke Moose Lodge No. 284 Fellowship Degree be approved. SUBMITTED BY: APPROVED BY: arMary H Allen Elmer C. Hodge Clerk to the Board County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: H. Odell Minnix No Yes Absent Denied ( ) Received ( ) Referred ( ) To ( ) cc: File Bingo/Raffle File Eddy Johnson Kohinke Minnix Nickens x x x x 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. 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: RAFFLE PERMIT k FO Name of Organization Street Address (check one) BINGO GAMES KE ���D Sf /,RIO e; /Z / , 11e ttl:s/f TitW,1 A .U/?ik/i= Mailing Address /? zo 13e x City, State, Zip Code Purpose and Type of Organization f/�,�}TF/I,1/,9�.�dg✓2/i"�t4t When was the organization founded? /9/Y" Roanoke County meeting place? ,�j.3 �9T�s,��,q 4,«y Has the organization beenexistence in Roanoke County for two continuous years? YES NO Is the organization non-profit? YES P" NO Federal Identification Number Attach copy of IRS Tax Exemption Letter. Officers of the Organization: President: ,r)9ylt7 /�%,l C/,�/s Vice -President Address: J:�ee allrltwl3o 1�LL f' OP, Address: %0&71 13yX S/51�2 Secretary: •J Af,4J2/ZY /q9I jl`L Treasurer: el'�gI/ Address: .?zy3 %� 1.b/A�) '/De Address: Member authorized to be responsiblef r Raor B o operations: Name: ,4_ , 2� Home Address ile /6 �/�.Ayr�/S �� �=�•,� �,c� Phone% - %f�D Bus Phone 77 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 /ZIAll-9,2 Time of Drawing //,'DO Pl;l 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. If A/A6 T" �/, 30 0 Al", -FY ��,Q� c � E v s) TO ZZ- O e x-1 7-, D To e oc eery �iyodJF_ •E�/�/�/1 T) 3 BINGO: Complete the following: Legal owner(s) of the buildin where BINGO is to bibl" conducted: Name: Address: County State ZIP Is the buil ' g owned by a 501-C n -profit organization? Seatin apacity for each locat' n: 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 7%�' 2 nd Quarter �'r 7 -) 2 0 3rd Quarter /O % _3 9q 4th Quarter f/ 7 'go/ TOTAL '$ 267 )e3 1st Quarter '"Y G' 5 16 2nd Quarter %5 - i O. `. "/0 3rd Quarter �Z632. r'U 4th Quarter "� T'ge' 516 TOTAL ';1 7,::�, S./ z z o 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? /'k-_-'5 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 suchjecords are subject to audit by the Commissioner of the Revenue? /I 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 i11 records required to be maintained for Bingo games or raffles? lc s 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? yF S 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? �� S 7. Does your organization understand that the failure to file financial reports when due shall cause automatic revocation of the permit, and no such organization shall conduct any Bingo game or Raffle thereafter un3-L',3'such report is properly filed and a new permit is obtained? 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 �cf Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia? S 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 t annual financial report due on or before the f irst of November? i =__5 10. Does your organization understand that this permit is valid only in the County of Roanoke and only at such locations,nd for such dates, as are designated in the permit application? /=,j 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 participatingmanagement, operations, or conduct of any such game or raffle? --j 12. Has your organization attached a check for the annual pe it fee in the amount of $25.00 payable to the County of Roanoke? 7,C --,S 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? Tels 14. Has your organization attached complete list of its membership to this application form? V f/,C,E 15. Has your organiz tion attached a copy of its bylaws to this application form? �p 16. Has the organization been declared exempt fro property taxation under the Virginia Constitution or statues? E,s If yes, state whether exemption is for real, personal property, or both and identify exempt property. 17. State the s cific type and purpose of the organization. F�A%��'%✓�4L �P��.0/TiSip,C 18. Is this organization incorporated in Virginia? If yes, name and address of Register,gd Agent* 19. Is the organization registered with the Virginia Department of Agriculture and Consumer Affairs pursuant to the Ch �ritable Solicitations Act, Section 57-48 of the Virginia Code? TIo (If so, attach copy of registered agent.) Has the organization been granted an exemption from registrat' n by the Virginia Department of Agriculture and Consumer Affairs?,/Vo (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 vc A ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE NOTARIZATION RAFFLE APPLICANTS, GO TO NOTARIZATION. 20. Does your organization unde stand that the bingo g es shall not be conducted more frequen y than two calendar ys in any calendar week? 21. Does /he anizatio understand that it is equired to keep complete rf the ngo game. These recor s based on §18.2- 340.6 of tof V' ginia and §4.98 of the oanoke County Code must inclufol wing: a. A rece date, quantity, and and value of instant bingos purchased, as well the name and address of the sof such instant bin supplies, and written invoieceipt is also requ' ed for each purchase of insta supplies? b. A cord in writing of the/,dates on which Bingo is played, t e number of people in tendance on each date, and the mount of receipts and izes on each day? (These records must b retained for three.years.) C. A record of the nam and address of each individual o whom a door prize, regul or special Bingo game prize o jackpot from the playin of Bingo is awarded? d. A complete a itemized record of all receip and disburse- ments which support, and that agree with, a quarterly and annual re its required to be filed, and at these records /Does e aintained in reasonable order permit audit? our organization understand th instant Bingo may only d at such time as regular bin game is in progress, and h locations and at such ti s as are specified in this ? our organization unde tand that the gross receipts in 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 organizat' n understand it may not sell an instant bingo card to an indiv' ual below sixteen years of age? 7 25. Does your orga 'zation underst nd that an organization whose gross receipts f m all bingo erations that eg6eed or are expected to exc d $75,000 in a y calendar year all have been granted tax-exe pt status pursu t to Section 501C nternal Revenue Code Service? (Cer ficate must be at ched.) 26. Does ur organizati understand that Certificate of Occupanc must be obtai dor be on file whi authorizes this use at the oposed locati n? 27. oes your org ization understand at awards or prize money or erchandise v ued in excess of he following amounts are i egal? a. No door rize shall exceed tw my -five dollars. / b. Nor ular Bingo or speci Bingo game shall exceed On Hun ed dollars. C. jackpot of any nat a whatsoever shall exceed ne housand Dollars, n shall the total amount of ackpot prizes awarded in y one calendar day exceed ne 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. Subscribed and sworn before me, this ""day of �N�912 in the County/E4rty of r (DA &6Q Ir. T-- Virginia. My commission expires: 19t�`---7i� &otary�2Public 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 effect until December 31st of this calendar year. 1 M-)5- Cl N Date Commiss oner of the"/Revenue The above application is not approved. Date Commissioner of the Revenue w ACTION NO. A -102792-10.b ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Request for approval of a Raffle Permit from the Marine Corps Reserve Toys for Tots Program COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Marine Corps Reserve Toys for Tots Program has requested a permit to hold a raffle in Roanoke County on November 29, 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 from the Marine Corps Reserve Toys for Tots Program be approved. SUBMITTED BY: Mary H. Allen Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator ------------------------------------------------------------ ACTION VOTE Approved (x) Motion by: H. Odell Minnix No Yes Abs ent Denied ( ) Received ( ) Referred ( ) To ( ) cc: File Bingo/Raffle File Eddy Johnson Kohinke Minnix Nickens X 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 YES BINGO GAMES Name of Organization MARINE CORPS RESERVE TOYS FOR TOTS PROGRAM Street Address N&MCRTC, 5301 BARNS AVE. NW Mailing Address N&MCRTC , 5301 BARNS AVE, NW City, State, Zip Code ROANOKE, VA 24019-3899 Purpose and Type of Organization PROVIDE TOYS TO NEEDY CHILDREN AT CHRISTMASTIME, NON-PROFIT ORGANIZATION When was the organization founded? 1947 Roanoke County meeting place? ADDRESS LISTED ABOVE ' Has the organization been in existence in Roanoke County for two continuous years? YES XX NO Is the organization non-profit? YES XX NO Federal Identification Number 540831990 Attach copy of IRS Tax Exemption Letter. Officers of the Organization: President: CAPT A. M. TRINGALI Vice -President 1STSGT S. WILLIAMS Address: 5301 BARNS AVE. NW ROANOKE. VA 24019-3899 Secretary: SGT D. C. FOLEY Address: 5301 BARNS AVE. NW ROANOKE, VA 24019-3899 Treasurer: STEBBINS JUBBARD Address: 5301 BARNS AVE, NW Addrdss: ROANOKE, VA 24019-3899 601 S JEFFERSON STREET ROANOKE, VA Member authorized to be responsible for Raffle or Bingo operations: Name: SGT DEBORAH C. FOLEY Home Address 108 CAMBRIDGE SQUARE, VINTON, VA 24179 Phone 342-5976 Bus Phone 563-4979 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: OOD Date of Drawing 921129 Time of Drawing 5:OOPM BINGO: Days of Week and Hours of Activity: 921129 Sunday Monday Tuesday Wednesday Thursday 921127 Friday 921128 Saturday From 1:OOPM To S:OOPM From To From To From To From To From 0800AM To 930PM From 0800AM To 930PM 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. RAFFLE TICKETS WILL BE TRADED FOR A NEW UNWRAPPED PROGRAM. ANYONE WISHING NOT TO PURCHASE A TOY MAY ALL PROCEEDS WILL BE USED TO PURCHASE TOYS FOR THE TOMS PROGRAM 3 TOY FOR THE TOYS FOR TOTS OBTAIN A RAFFLE TICKET FOR $1.00. MARINE CORPS RESERVE TOYS FOR ' BINGO: Complete the following: Legal owner(s) of the building where BINGO is to be conducted: Name: NA Address: County State ZIP Is the building owned by a 501-C non-profit organization? NA Seating capacity for each location: NA Parking spaces for each location: NA 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 1st Quarter 2nd Quarter 2nd Quarter 3rd Quarter 3rd Quarter 4th Quarter 4th Quarter TOTAL TOTAL 2. Does your organization understand that it is a violation of law to enter into a contract with any person or firm, association, organization, partnership, or corporation of any classification whatsoever, for the purpose of organizing, managing, or conducting Bingo Games or Raffles? YES 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? YES 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? YES H 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? YES 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? YES 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? YES 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? YES 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? YES 10. 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? YES 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? YES 12. Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke? YES 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? YES 14. Has your organization attached a complete list of its membership to this application form? NA 15. Has your organization attached a copy of its bylaws to this application form? NA 16. Has the organization been declared exempt from property taxation under the Virginia Constitution or statues? NO 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. TO PROVIDE NEEDY CHILDREN WITH TOYS AT CHRISTMASTIME. 18. Is this organization incorporated in Virginia? NO 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? NO (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? NO (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 COMPLETE DEAnROOM SUITE DONATED $2000.00 BY SINGER FURNITURE COMPANY A ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE NOTARIZATION RAFFLE APPLICANTS, GO TO NOTARIZATION. 20. Does your organization understand that the bingo games shall not be conducted more frequently than two calendar days in any calendar week? 21. Does your organization understand that it is required to keep complete records of the bingo game. These records based on §18.2- 340.6 of the Code of Virginia and §4.98 of 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 y: Name Title Home Address Subscribed and sworn before me this 7 ,ate day of 6cC . in the Count Cit Y/ Y of -1 Virginia. My commission expires: 19 Nota y 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 effect until December 31st of this calendar year. Date ommissi er of th Revenue The above application is not approved. Date 9 Commissioner of the Revenue ACTION NO. A -102792-10.c ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Authorization to Pay Certain Legal Fees to Cover 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 September 22, 1992 868.75 Total $7,829.59 FISCAL IMPACTS• $941.00 in current fees to be paid from the Board contingency fund. 1 K -y 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 ent Approved (x) Motion by H. Odell Minnix Eddy Denied ( ) Johnson Received ( ) Kohinke Referred Nickens x to Minnix x cc: Diane Hyatt, Director, Finance c;\wp51\agenda\genem1\kgaLfee File Reta Busher, Director, Management & Budget Paul M. Mahoney, County Attorney 2 TOWN OF VINTON P. 0. BOX 338 VINTON, VIRGINIA 24179 PHONE 1703) 983-0608 FAX (703) 983-0621 October 7, 1992 TO: Joe Obenchain, Senior Assistant County Attorney County of Roanoke POB 29800 Roanoke, VA 24018-0798 JOAN B. FURBISH FINANCE DIRECTORfTREASURER Kq STATEMENT Statement From Natkin, Heslep, Siegel and Natkin, PC For Professional Services Rendered Regarding Litigation With Grumman Aircraft Company October 2, 1992 Statement -- $1,882.00 Fifty Percent (50%) Due From Roanoke County To Town of Vinton $941.00 September 2, 1992 Statement -- $1,737.50 Fifth Percent (50%) Due From Roanoke County To Town of Vinton $868.75 DUE UPON RECEIPT $1,809.75 MAKE CHECK PAYABLE TO: TOWN OF VINTON CC: Diane D. Hyatt AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 27, 1992 RESOLUTION 102792-11 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Nickens to adopt. the certification resolution, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson cc: File Executive Session A COPY TESTE: /&�&Q r Brenda J. lton, Deputy 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, OCTOBER 27, 1992 ORDINANCE 102792-12 TO AMEND AND REENACT CHAPTER 13, OFFENSES -MISCELLANEOUS, BY ADDING ARTICLE II, NOISE, AND BY DELETING SEC. 13-31 NOISE, OF THE ROANOKE COUNTY CODE WHEREAS, excessive noise can be detrimental to the health and welfare of the citizens of Roanoke County and can degrade the quality of life which the citizens of this County seek to enjoy; and WHEREAS, the first reading of this ordinance occurred on September 22, 1992, and the second reading of this ordinance occurred on October 27, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Chapter 13, "Offenses -Miscellaneous" be amended and reenacted by the addition of Article II, "Noise" , as follows: Sec. 13-16. Short Title. This Article shall be known as the "Noise Ordinance of the County of Roanoke, Virginia." Sec. 13-17. Declaration of Policy. It is hereby declared to be the public policy of the County of Roanoke to promote an environment for its citizens free from excessive noise that jeopardizes their health or welfare or degrades the quality of life within Roanoke County. Sec. 13-18. Definitions. The following words and phrases, when used in this Article shall have the meaning assigned to them in this section. Emergency work shall mean work made necessary to restore property, public or private, to a safe condition following a state of emergency or a local emergency as defined by the Commonwealth of Virginia Emergency Services and Disaster Law of 1973, Chapter 3.2 of Title 44 of the Code of Virginia, 1950, as amended, or its successor, or work required to protect persons or property from immediate exposure to danger, including work performed by the Roanoke County Utility Department or by public service companies when emergency inspection, repair of facilities or restoration of services is required for the immediate health, safety or welfare of the community. Motor vehicle shall mean a self-propelled vehicle including passenger cars, trucks, truck-trailers, semitrailers, campers, racing vehicles, and any motorcycles (including, but not limited to, motor scooters, mini-bikes, all-terrain vehicles and three- wheelers) as defined in § 46.2-100 of the Code of Virginia. Noise disturbance means any sound which (a) endangers or injures the safety or health of any person; (b) annoys or disturbs a reasonable person of normal sensitivities; or (c) endangers or injures personal or real property. Person shall mean any individual, corporation, cooperative, partnership, firm, association, trust, estate, private institution, group, agency or any legal successor, representative, agent or agency thereof. 2 Sec. 13-19. Exceptions from this Article. The provisions of this Article shall not apply to: (1) The emission of sound for the purpose of alerting persons to the existence of an emergency or to the emission of sound in the performance of emergency work; (2) Music, bells, chimes or other sounds which are emanating from a church, temple, synagogue or other place of worship; (3) Sound generated from school or County sponsored athletic or recreational events; (4) Sound generated by activities which are an official or approved part of any County or State approved or licensed festival or activity, provided such exemption shall terminate at 10:00 p.m.; (5) Sound generated in commercial and industrial zoning districts which are necessary and incidental to the uses permitted therein; and (6) Sound for which a variance has been granted in accordance with Sec. 13-23 of this Article. Sec. 13-20. General Prohibition. In addition to the specific prohibitions contained in this Article, no person shall make, continue, permit, or cause to be made, continued or permitted any noise disturbance within the County. Sec. 13-21. Specific Acts as Noise Disturbances. The following acts are declared to be noise disturbances in violation of this Article. The acts so specified shall not be 01 deemed to be an exclusive enumeration of those, acts which may constitute a noise disturbance under Sec. 13-20 and provided that the acts so specified below may still constitute a noise disturbance under Sec. 13-20 independently of the hours of the day such acts take place. (1) Engaging in, or operating or causing to be operated any equipment used in the construction, repair, alteration or demolition of buildings, streets, roads, alleys or appurtenances thereto between the hours of 10:00 p.m. and 7:00 a.m. the following day. (2) Repairing, rebuilding or modifying any motor vehicle or other mechanical equipment or device between the hours of 10:00 p.m. and 7:00 a.m. the following day in a manner so as to be plainly audible across property boundaries. (3) Loading or unloading trucks outdoors within 100 yards of a residence between the hours of 10:00 p.m. and 7:00 a.m. the following day. (4) Sounding the horn or warning device of a vehicle, except when necessary as a warning during the operation of the vehicle. (5) Operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph or any other device for the production of sound, between the hours of 10:00 p.m. and 7:00 a.m. the following day, at a volume sufficient to be plainly audible across property boundaries or through partitions common to two residences 4 within a building or plainly audible at 50 feet from such device. (6) Using or operating a loudspeaker or other sound amplifi- cation devices in a fixed or movable position exterior to any building, or mounted upon any motor vehicle or mounted in the interior of a building with the intent of providing service to an exterior area for the purpose of commercial advertising, giving instruction, information, directions, talks, addresses, lectures, or providing entertainment to any persons or assemblage of persons on any private or public property, between the hours of 10:00 p.m. and 7:00 a.m. the following day. (7) Using or operating any motor vehicle without factory installed mufflers or their equivalent, on any public street or road in the county or on private property within a residential zoning district. (8) Using a radio receiving set, an audio cassette player, a compact disc player, or other device for the production of sound in a motor vehicle at a volume sufficient to be plainly audible at 50 feet from such vehicle. (9) Failure to deactivate an alarm system plainly audible at 50 feet from such alarm within such reasonable time as is established by Sec 16-23 of this Code. Sec. 13-22. Penalties. A violation of any provision of this Article shall constitute a Class 1 misdemeanor. Each separate act on the part of the person 5 violating this Article shall be deemed a separate offense, and each day a violation is permitted to continue unabated shall constitute a separate offense. Sec. 13-23. Undue Hardship Waiver. (a) Any person responsible for a noise source may apply to the Board of Supervisors for a waiver, or partial waiver, from the provisions of this Article. The Board of Supervisors may grant such waiver, or partial waiver, upon a finding that either of the following circumstances exists: (1) The noise does not endanger the public health, safety or welfare; or (2) Compliance with the provisions of this Article from which a waiver is sought would produce serious economic hardship without producing substantial benefit to the public. (b) In determining whether to grant such waiver, the Board of Supervisors shall consider the time of day the noise will occur, the duration of the noise, whether the noise is intermittent or continuous, its extensiveness, the technical and economic feasibility of bringing the noise into conformance with this Article and such other matters as are reasonably related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship which may result from the enforcement of the provisions of this Article. (c) No waiver, or partial waiver, issued pursuant to this Article shall be granted for a period to exceed one year, but any such waiver, or partial waiver may be renewed for successive like R periods if the Board of Supervisors shall find such renewal is justified after again applying the standards set forth in this Article. No renewal shall be granted except upon written application therefor. 2. That Sec. 13-3. "Noise" of the Roanoke County Code is hereby repealed. 3. That this Ordinance shall be in effect from and after November 1, 1992. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Johnson, Nickens A COPY TESTE: Brenda J. H ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Circuit Court C. O. Clemens, Judge Kenneth Trabue, Judge Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, II, Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Michael Lazzuri, Court Services Intake Counsellor General District Court John L. Apostolou, Judge George Harris, Judge Theresa A. Childress,. Clerk 7 Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Gerald S. Holt, Sheriff Magistrates Sherri Krantz/Betty Peery John H. Cease, Police Chief John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Director, Finance 0. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Thomas C. Fuqua, Chief, Fire & Rescue Gardner W. Smith,, Director, General Services Director, Parks & Recreation Elaine Carver, Director, Procurement John D. Willey, Director, Real Estate Assessment Michael Lazzuri, Court Services Clifford D. Craig, Director, Utility Main Library Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book 8 11 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 27, 1992 ORDINANCE 102792-13 VACATING AND CLOSING A 50 - FOOT UNIMPROVED AND UNNAMED RIGHT-OF-WAY LOCATED IN THE SKYVIEW SUBDIVISION (PB 3, PAGE 80), CATAWBA MAGISTERIAL DISTRICT WHEREAS, William H. and Norma J. Musselman, the petitioners, have requested the Board of Supervisors of Roanoke County, Virginia to vacate and close a 50 -foot unimproved and unnamed right-of-way located in the Skyview Subdivision between Lot 10 and Lot 39; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on October 13, 1992; the public hearing and second reading of this ordinance was held on October 27, 1992. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of a 50 -foot unimproved and unnamed right- of-way approximately 140 feet long located in the Skyview Subdivi- sion between Lot 10 and Lot 39 and dedicated to Roanoke County by plat of Skyview Subdivision found in Plat Book 3 at page 80 in the Office of the Clerk of the Circuit Court of Roanoke County, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended; and, 2. That as a condition of the adoption of this ordinance, the County reserves and retains a property interest in 0.028 acres located at both ends of the 50 -foot right-of-way for possible future use as turnarounds should Shirey Road and Eddies Road become eligible for acceptance into the Virginia Department of Transporta- tion secondary system; and, 3. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 4. That William H. and Norma J. Musselman shall record a certified copy of this ordinance and plat with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Johnson, Nickens A COPY TESTE: Brenda J. Ho on, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Paul M. Mahoney, County Attorney Terrance L. Harrington, Director, Planning & Zoning AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 27, 1992 ORDINANCE 102792-14 VACATING A 20 -FOOT DRAINAGE EASEMENT LOCATED ON THE REAR PROPERTY LINE OF LOTS 21, 22, 23, 24, AND 25 IN THE ORCHARDS, APPLEWOOD, SECTION 71 HOLLINS MAGISTERIAL DISTRICT WHEREAS, F & W Community Development Corporation has requested the Board of Supervisors of Roanoke County, Virginia to vacate approximately 479 linear feet of a twenty (20') foot drainage easement which is located on Lots 21, 22, 23, 24, and 25 of the Orchards, Applewood, Section 7 in the Hollins Magisterial District as shown in Plat Book 13, at page 73 of record in the Clerk's Office of the Roanoke County Circuit Court; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on October 13, 1992; the second reading and public hearing of this ordinance was held on October 27, 1992. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That approximately 479 linear feet of a twenty (201) foot drainage easement located on the rear property line of Lots 21, 22, 23, 24, and 25 in the Orchards, Applewood, Section 7 (PB 13, page 73) in the Hollins Magisterial District be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended; and, U 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 3. That F & W Community Development Corporation shall record a certified copy of this ordinance and plat with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction and in addition, shall be responsible for all costs and expenses associated herewith. 4. That as a further condition to the adoption of this ordinance, the Board of Supervisors of Roanoke County, Virginia, shall be indemnified of and held harmless from and against all claims for damages to any improvements or structures within the old easement area by F & W Community Development Corporation, its heirs, successors, or assigns. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Johnson, Nickens A COPY TESTE: Q. Brenda J. Ho on, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Paul M. Mahoney, County Attorney Terrance L. Harrington, Director, Planning & Zoning 0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 27, 1992 ORDINANCE 102792-15 TO CHANGE THE ZONING CLASSIFICATION OF A 3.09 -ACRE TRACT OF REAL ESTATE LOCATED AT THE INTERSECTION OF BUCK MOUNTAIN AND STARKEY ROADS (TAB MAP NO. 97.07- 2-80) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-5 TO THE ZONING CLASSIFICATION OF R-1 WITH CONDITIONS UPON THE APPLICATION OF PALM HERMITAGE CORPORATION WHEREAS, the first reading of this ordinance was held on September 22, 1992, and the second reading and public hearing was held October 27, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 6, 1992; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 3.09 acres, as described herein, and located at the intersection of Buck Mountain and Starkey Roads, (Tax Map Number 97.07-2-80) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-5, Townhouse District, to the zoning classification of R-1, Single Family Residential District. 2. That this action is taken upon the application of Palm Hermitage Corporation. 3. That the owner has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: a. No driveways for residences shall enter from Buck Mountain Road. b. No street developed on this property will be extended to adjoining property. 4. That said real estate is more fully described as follows: Commence at boundary corner 30 on the Plat of Section 1, "Branderwood," prepared by Buford T. Lumsden & Associates, P.C., recorded in Plat Book 9, page 351 of the Clerk's Office of the Roanoke County Circuit Court. Corner 30 being the northwesterly corner of Lot 10, Block 1 of the aforesaid subdivision plat and the POINT OF BEGINNING; thence along the westerly line of the property shown as "Property of Lobo Investors, DB 1217, Pg. 483," said line also being the easterly line of the property shown as "Property of Fralin & Waldron, Inc., DB 860, Pg. 305" on the aforesaid plat, run N. 00 deg. 27 min. 00 sec. W. 225 feet to a point on the southerly right-of-way of Starkey Road (Va. Secondary Route 904); thence along the southerly right-of-way line of said Starkey Road, run N. 71 deg. 32 min. 15 sec. E. 110 feet to a point where said Starkey Road and Buck Mountain Road (Va. Secondary Route 679) intersect; thence along the southerly right- of-way line of said Buck Mountain Road, run N. 87 deg. 02 min. 15 sec. E. 379.97 feet to corner 40 of the aforesaid plat, corner 40 being the intersection of said Buck Mountain Road and Branderwood Drive (Va. Secondary Route 1960); thence with the westerly right-of-way line of said Branderwood Drive along the arc of a curve to the right 41.68 feet, said curve having a delta of 90 deg. 06 min. 50 sec., a radius of 26.50 feet, a chord bearing of S. 47 deg. 54 min. 20 sec. E., a chord distance of 37.52 feet to corner 39 of the aforesaid plat; thence continuing along the westerly right-of-way line of said Branderwood Drive, along the arc of a curve to the left 160.61 feet, said curve having a delta of 28 deg. 18 min. 17 sec., a radius of 325.11 feet, a chord bearing S. 17 deg. 00 min. 05 sec. E., a chord distance of 158.98 feet to corner 38 of the aforesaid plat; thence leaving the westerly right- of-way line of said Branderwood Drive and along the northerly property lines of Lot 1, Block 1 of the aforesaid plat, the following two courses: S. 72 deg. 31 min. 00 sec. W. 52 feet to corner 37 of the aforesaid plat; thence S. 17 deg. 28 min. 00 sec. W. 115 feet to corner 36 of the aforesaid plat; thence leaving Lot 1 and along the northerly property line of Lot 5, Block 1 of the aforesaid plat, run S. 81 deg. 22 min. 00 sec. W. 35 feet to corner 35 of the aforesaid plat; thence leaving Lot 5 and along the northerly property line of Lot 8, Block 1 of the aforesaid plat the following two courses: N. 60 deg. 22 min. 00 sec. W. 81 feet to corner 34 of the aforesaid plat; thence N. 86 deg. 27 min. 00 sec. W. 97 feet to corner 33 of the aforesaid plat; thence leaving Lot 8 and along the northerly property line of Lot 9, Block 1 of.the aforesaid plat the following two courses: S. 75 deg. 17 min. 00 sec. W. 95 feet to corner 32 of the aforesaid plat; thence S. 51 deg. 55 min. 00 sec. W. 95 feet to corner 31 of the aforesaid plat, a point on the northeasterly property line of Lot 10, Block 1 of the aforesaid plat; thence along the northerly property line of Lot 10 N. 57 deg. 57 min. 00 sec. W. 122.42 feet to corner 30 of the aforesaid plat, the PLACE OF BEGINNING and containing 142,056 square feet, 3.261 acres. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Johnson, Nickens A COPY TESTE: Brenda J. on, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning John D. Willey, Director, Real Estate Assessment Paul M. Mahoney, County Attorney