HomeMy WebLinkAbout3/26/1991 - Adopted Board Recordsdo
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, MARCH 26, 1991
RESOLUTION 32691-1 OF ROANOKE COUNTY SUPPORT
FOR THE ROANOKE RIVER PARKWAY AND VISITORS CENTER
WHEREAS, Roanoke County considers Explore and related
elements, i.e. Roanoke River Greenway, Parkway and Visitors Center,
to be one of its most important economic development priorities;
and
WHEREAS, the preferred route of the Roanoke River Parkway is
across part of the current Roanoke Valley Regional Landfill,
including Area "A", which has not been used for fill operation;
and
WHEREAS, it is anticipated that the Smith Gap Landfill will
open before it is necessary to use Area "A" for disposal of solid
waste; and
WHEREAS, the final disposition of the Regional Landfill
property will be determined by the governments currently using the
facility - the City of Roanoke, the County of Roanoke, and the Town
of Vinton.
NOW, THEREFORE, BE IT RESOLVED, by the Roanoke County Board
of Supervisors, that Roanoke County will prepare the new landfill
at Smith Gap as quickly as possible, so that the current facility
will be available for the Parkway Route; and
FURTHER, BE IT RESOLVED, that the Board of Supervisors
reaffirms its pledge to use the Roanoke River Parkway as the only
public access to the Explore Park, scheduled to open its first
phase in 1994; and
FURTHER, BE IT RESOLVED, that the Board of Supervisors is
willing to convey the County's interest in the Regional Landfill
property to the National Park Service for the Parkway at the
appropriate time.
On motion of Supervisor Nickens to adopt resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
The Honorable Jim Olin, U. S. Representative
The Honorable Charles R. Hill, Mayor, Town of Vinton
The Honorable Noel E. Taylor, Mayor, City of Roanoke
Roanoke Valley Legislators
Tom Brown, Associate Regional Director, National Park Service
Bern Ewert, Project Director, Explore
Richard Burrow, Project Engineer, Explore
Joyce Waugh, Economic Development Specialist, Roanoke County
ACTION NO. A-32691-2
ITEM NO. C.. - ;
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: March 26, 1991
AGENDA ITEM: Request from Roanoke County Firefighters for Pay-
roll Deduction of Dues
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Attached you will find a copy of an opinion from the County
Attorney's office prepared by Joseph B. Obenshain, Esq.,
Senior Assistant County Attorney. This opinion concludes that the
County is on firm legal ground in refusing to authorize a payroll
deduction for dues for the Roanoke County Firefighters.
This request for a payroll deduction for dues was denied by
the Chief of Fire and Rescue. Thereafter this request was
submitted to the Board, which requested a legal opinion from the
County Attorney.
This opinion states that the Roanoke County Charter and policy
of this Board has been to delegate such personnel matters as well
as the administrative details of the functioning of the payroll
department to the County Administrator. Accordingly this request
more properly should be referred to the County Administrator for
decision.
STAFF RECOMMENDATION:
It is recommended that the Board refer this request to the
County Administrator for final decision.
Respectfully submitted,
— e (/�� "
Elmer C. Hodge
County Administrator
Action
Approved (x) Motion by Harry C. Nickens to Eddy
Denied ( ) approve staff recommendation Johnson
Received ( ) McGraw
Referred Nickens
to Robers
cc: File
Paul Mahoney, County Attorney
D. Keith Cook, Director, Human Resources
Thomas Fuqua, Chief, Fire & Rescue
Vote
No Yes Abs
x
x
x
x
x
0� aOAN(0)
Z
z
18 ' 50 88
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A BeautifuJBeginning
PAUL M. MAHONEY
COUNTY ATTORNEY
C�nixnty of Evauvkr
OFFICE OF THE COUNTY A i TORNEY
22 March 1991
Mr. Elmer C. Hodge
County Administrator
County of Roanoke
P. O. Box 29800
Roanoke, Va. 24018-0798
Re: Roanoke County Professional
Fire Fighters Association
Request for dues checkoff
Dear Mr. Hodge:
1_
ALL -AMERICA CITY
IIII1I
1979
1989
JOSEPH B. OBENSHAIN
SENIOR ASSISTANT COUNTY ATTORNEY
VICKIE L. HUFFMAN
ASSISTANT COUNTY ATTORNEY
You have requested guidance from this office as to the legal
implications of the recent request from the Secretary of the
Roanoke County Professional Fire Fighters Association [hereafter
"Association"] for approval of a "dues checkoff" or individual
payroll deductions through the county payroll office. This request
was forwarded to you and to this office for response by virtue of
a letter from Bruce Roy, Secretary of the Association dated
February 20, 1991, addressed to Mr. Steve McGraw as Chairman of the
Roanoke County Board of Supervisors.
Under the provisions of the Roanoke County Charter, personnel
matters and the administrative details of the payroll office have
been delegated to the County Administrator. Accordingly, the
decision regarding a dues checkoff is vested in the County
Administrator.
Any decision regarding granting of a "dues checkoff" must be
considered within the larger context of permissible relations
between Virginia governmental entities and organizations represent-
ing employees. The cautious attitude of Virginia governments, both
at the state and local level, to any significant interaction
between an organization which purports to speak on behalf of a
defined group of employee members and the management of such
government agency is clearly articulated and of long standing.
At least as far back as 1946, with the adoption of Senate
Joint Resolution No. 12 by the General Assembly, the publicly
articulated position of the Commonwealth has been stated as
follows:
P.O. BOX 29600 • ROANOKE COUNTY, VIRGINIA 2 4018-079 8 • (703) 772-2007
C -a
Page Two
22 March 1991
1. It is contrary to the public policy of Virginia for any
state, county or municipal officer or agent to be vested
with or possess any authority to recognize any labor
union as a representative of any public officers or
employees or to negotiate with any such union or its
agents with respect to matters relating to them or their
employment or service.
2. Nothing in this resolution shall be construed to prevent
employees of the State, its political subdivisions, or of
any governmental agency or any of them from forming
organizations, not affiliated with any labor union for
the purpose of discussing with the employing agency the
conditions of their employment, but not claiming the
right to strike. [Emphasis added]
Numerous judicial decisions, Attorney General's Opinions and
General Assembly actions and resolutions have reaffirmed this
fundamental bedrock of public policy in this Commonwealth regarding
recognition or bargaining with employee organizations which are
essentially unions in name or in fact.
Several significant cases from both state and federal courts
within the past twenty years have reinforced Virginia's reluctance
to countenance substantive representation by and recognition of
public employee organizations. In Commonwealth v. Arlington County
Board, 217 Va. 558, (1977) the Virginia Supreme Court addressed the
interrelated questions of whether recognition of an organization or
union representing public employees and the entering into
collective bargaining agreements with such organization was within
the power of a local governmental body. It is clear from an
analysis of the court's opinion in this case that these two issues
are closely, if not inextricably, intertwined. The court held that
neither action was within the power of a local school board.
School Board v. Parham, 218 Va. 950, in 1978, extended the
inquiry to the issue of whether a binding arbitration policy
imposed on local school boards by the state Board of Education was
a lawful delegation of power. The Supreme Court has expressed its
opposition to actions which have the apparent or potential effect
of limiting in any manner the powers conferred upon such governmen-
tal bodies by the Virginia Constitution. The essential legal issue
in that case arising out of binding arbitration of local teacher
grievances was whether committing local school boards to accept and
enforce the decisions of outside arbitrators constituted "an
unlawful delegation of power."
The Supreme Court did not hesitate to find such unlawful
delegation by virtue of the transfer to other parties of "a
Page Three
22 March 1991
function essential and indispensable to the exercise of the power
of supervision" vested in local school boards by our constitution.
Id. at 957. To the extent that recognition of one group or
organization grants it an imprimatur as representing the views or
positions of all employees similarly situated, it appears that such
action by a local governing body likewise would be delegating in an
unlawful manner the governmental authority conferred upon it by the
citizens of this Commonwealth through our Constitution.
Federal court decisions have likewise reaffirmed such policy
on the part of local governments although the dispute is usually
framed in terms of whether any rights of employees to be recognized
by or to negotiate with their governmental employer can be found in
federal statutory or constitutional law. In Newport News Fire-
fighters Assoc. v. City of Newport News, 339 F.Supp. 13, the U.S.
District Court for the Eastern District of Virginian in 1972 held
that the National Labor Relations Act did not create any indepen-
dent statutory right for public employees to negotiate with their
employers. The court recognized that only the state legislature
could delegate such a right or power to local governmental bodies.
Efforts by public employees to establish a right to discuss wages,
working conditions or grievances with their employers in the Free
Speech Clause of the First Amendment were rebuffed by the U.S.
Supreme Court in Smith v. Arkansas State Highway Employees, 441
U.S. 463 (1979). While a public employee purporting to speak on
behalf of an association or union composed of local government
employees could probably not be denied the right to address the
Board of Supervisors or other governmental body, see, Henrico
Professional Firefighters v Board of Supervisors of Henrico
County, 649 F.2d 237 (4th Cir. 1981), such right to be heard arises
simply out of the "open meeting" requirements of Virginia's Freedom
of Information Act, § 2.1-340 et sea, and not from any constitu-
tional right of employees to have their employer, or any other
party, listen to their speech.
On the issue of "dues checkoff," there have been two federal
court decisions in Virginia in the past fifteen years upholding a
local government's right to deny a union or employee organization
such a privilege. These cases rely upon a U.S. Supreme Court
decision in City of Charlotte v International Association of
Firefighters, 426 U.S. 283 (1976) which concluded that there was no
constitutional violation in a city's refusal to withhold union dues
even though it withheld amounts for charity or other purposes at an
employee's request. Charlotte had justified its policy as limiting
withholding options to instances which were available to all city
employees and not for those circumstances limited to members of a
particular group such as a union.
International Association of Firefighters v City of Richmond,
C - oas
Page Four
22 March 1991
415 F.Supp. 325 (E.D. Va. 1976) upheld Richmond's refusal to
withhold union dues for its firefighters as not in violation of the
union's, or its members, rights under the Equal Protection Clause
even if such policy impeded the union's ability to organize. In the
case of Decker v. City of Hampton, Civ # 82 -109 -NW (E.D. Va. 1983)
the same conclusion was reached even though city school teachers
were afforded a right to a "dues checkoff." The court, in this
case, pointed out that such teachers were actually employees of a
separate governmental body. Therefore, I am of the opinion that
Roanoke County government would be on firm legal ground in refusing
to authorize a "dues checkoff" arrangement for those county
firefighters who are members of the Roanoke County Professional
Fire Fighters Association and request a deduction of their dues or
fees in such organization from their paychecks.
I trust that these comments will be of assistance to you in
responding to Mr. Roy's inquiry.
Sincerely
/jbo
onenshain, Esq.
istant County Attorney
ACTION #
A-32691-3
ITEM NUMBER (2-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: March 26, 1991
AGENDA ITEM: Consideration of Participation in 1991-92 VDOT
Revenue Sharing Program
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND
The Virginia Department of Transportation (VDOT) annually
provides localities the opportunity to receive state matching funds
for the construction, maintenance or improvement of the primary
and secondary roads system. The Commonwealth of Virginia provides
$5,000,000 for the matching program and limits participating
localities to $500,000 each.
At the Board meeting
directed to obtain a legal
by the Letter of Intent.
it can be reevaluated at
sources are determined.
SUMMARY OF INFORMATION
on March 12, the County Attorney was
opinion on whether the County is bound
Staff has done that and determined that
a later date by the Board when funding
VDOT has asked for a "Letter of Intent" by March 31, 1991,
from those desiring to participate in 1991-92. The County's
participation in Fiscal Year 1990-91 was $382,500. Attached to
this report is the notification letter from VDOT.
Unfortunately, in view of the shortfall in State Funding and
accompanying budget pressures, it appears we will be unable to
participate in the program next year.
6-3
STAFF RECOMMENDATION
I recommend submitting the Letter of Intent to participate in
the 1991-92 VDOT Revenue Sharing Program. The County may decline
to participate at a later date if the funds are not available.
RESPECTFULLY SUBMITTED,
&sem/
/ 64, e -
Elmer C.
Hodge
County Administrator
---------------------------------------------------------------
Approved
Denied ( )
Received ( )
Referred
To
ACTION VOTE
Motion by: RinharH w Robers No Yes Abs
to a88rove staff Eddy X
rPnnmmanHn -inn Johnson X
McGraw X
Nickens X
Robers X
cc: File
George Simpson, Assistant Director,
Diane Hyatt, Director, Finance
Reta Busher, Director, Management &
Engineering
Budget
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, MARCH 26, 1991
RESOLUTION 32691-4 IN RECOGNITION OF THE ARTS COUNCIL
OF THE BLUE RIDGE
WHEREAS, The Arts Council of the Blue Ridge (formerly
known as The Arts Council of the Roanoke Valley) was formed as a
non-profit corporation in 1979; and
WHEREAS, the purpose of The Arts Council of the Blue
Ridge is to promote and advocate the arts, to develop arts
audiences and educational programs and to provide services for
artists and arts organizations in the County of Roanoke and in the
Blue Ridge Region; and
WHEREAS, The Arts Council of the Blue Ridge desires to
stimulate greater governmental and public awareness of the
importance of the arts; and
WHEREAS, The Arts Council of the Blue Ridge wants to
support the County of Roanoke's own artists, institutions,
organizations and audiences; and
WHEREAS, The Arts Council of the Blue Ridge is a service
agency, with the primary emphasis on existing local arts
organizations and artists; and
WHEREAS, The Arts Council of the Blue Ridge is recognized
by the Virginia Commission of the Arts, and the National Endowment
of the Arts as the appropriate body to disseminate information to
County organizations and artists.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County, Virginia, that The Arts Council of
the Blue Ridge shall be recognized as the appropriate organization
to advise the Roanoke County Board of Supervisors on development
of the arts in the County of Roanoke.
On motion of Supervisor Nickens to adopt resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Susan Cole, Executive Director, Arts Council of the Blue Ridge
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, MARCH 26, 1991
ORDINANCE 32691-5 ACCEPTING AN OFFER FOR AND
AUTHORIZING THE SALE OF 1.5 ACRES, MORE OR
LESS, IN THE SHAMROCK PARR
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the subject property has been declared
to be surplus and is being made available for other public uses,
i.e. economic development; and
2. That pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, a first reading was held on March 12,
1991; and a second reading was held on March 26, 1991, concerning
the sale and disposition of 1.5 acres, more or less, in the
Shamrock Industrial Park; and
3. That an offer having been received for said property, the
offer of Plantation & Kanter to purchase 1.5 acres, more or less,
for $19,750.00 per acre is hereby accepted; and
4. That all proceeds from the sale of this real estate are
to be allocated to the Capital Projects Fund pursuant to Section
16.01 of the Roanoke County Charter; and
5. That the County shall reserve a 20 foot sanitary sewer
easement in the conveyance of said property.
6. That the County Administrator is authorized to execute
such documents and take such actions on behalf of Roanoke County
as are necessary to accomplish the conveyance of said property, all
of which shall be upon form approved by the County Attorney.
0
On substitute motion of Supervisor Eddy to adopt ordinance,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson
NAYS: Supervisor Nickens
ABSENT: Supervisor McGraw
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Tim Gubala, Director, Economic Development
Diane Hyatt, Director, Finance
Reta Busher, Director, Management & Budget
Paul Mahoney, County Attorney
1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, MARCH 26, 1991
RESOLUTION 32691-6 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 March 26, 1991, 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 5,
inclusive, as follows:
1. Abandonment of 0.08 mile of Bradshaw Road (Route
622) in the Virginia Department of Transportation
Secondary System.
2. Approval of raffle permit - Loyal Order of Moose
Lodge #284.
3. Approval of raffle permit - Knight's Booster Club
of Cave Spring High School.
4. Acceptance of water facilities serving Tini World
Child Care Center.
5. Approval of raffle and 50/50 raffle permit - Cave
Spring American Baseball League, Inc.
2. That the Clerk to the Board is hereby authorized and
directed where required by law to set forth upon any of said items
the separate vote tabulation for any such item pursuant to this
resolution.
On motion of Supervisor Johnson to adopt resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Development & Inspections
George Simpson, Acting Director, Engineering
Cliff Craig, Director, Utilities
Bingo/Raffle File
ACTION NO. A -32691-6.a
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: March 26, 1991
AGENDA ITEM: Abandonment of 0.08 mile of Bradshaw Road (Route
622) in the Virginia Department of Transportation
Secondary System
COUNTY ADMINISTRATOR'S COMMENTS•
SUMMARY OF INFORMATION:
Roanoke County has received acknowledgement that the following road
has been abandoned in the Secondary System by the Virginia
Department of Transportation effective February 27, 1991.
0.08 miles of Bradshaw Road (Route 622)- Section one of old
location Route 622 from 0.45 mile East Route 873 to 0.53 mile
East Route 873, Project: 0622-080-131, C501
SUBMITTED BYE:_/ APPRO�p BY
Mary H. Allen Elmer C. Hodge
Clerk to the Board County Administrator
-------------------------------------------------------------
ACTION VOTE
Approved (X) Motion by: Rnh T._ Tnhncnn No Yes Abs
Denied ( ) Eddy X
Received ( ) Johnson X
Referred ( ) McGraw X
To ( )
Nickens X
Robers X
cc: File
George Simpson, Assistant Director, Engineering
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
1401 EAST BROAD STREET
RAY D. PETHTEL RICHMOND, 23219
COMMISSIONER
February 27, 1991
Secondary System
Abandonment
Roanoke County
Project: 0622-080-131, C501
Board of Supervisors
County of Roanoke
P.O. Box 29800
Roanoke, VA 24018-0798
MEMBERS OF THE BOARD:
As requested in your resolution dated December 18, 1990, the
following abandonment from the Secondary System of Roanoke County
is hereby approved, effective February 27, 1991.
ABANDONMENT
LENGTH
Route 622 (Bradshaw Road) - Section one of old location
Route 622 from 0.45 mile East Route 873 to 0.53 mile
East Route 873, Project: 0622-080-131, C501 0.08 Mi
Sincerely,
D. Pethtel
mmissioner
TRANSPORTATION FOR THE 21 ST CENTURY
A -32691-6.b
ACTION NO.
ITEM NUMBER K'
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: March 26, 1991
AGENDA ITEM: Request for approval of a Raffle Permit from the
Loyal Order of Moose Lodge #284
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Loyal Order of Moose Lodge #284 has requested a Raffle Permit
to hold a raffle in Roanoke County on May 1, 1991. This
application has been reviewed with the Commissioner of Revenue and
he recommends that it be approved. The application is on file in
the Clerk's Office.
The organization has paid the $25.00 fee.
STAFF RECOMMENDATION:
It is recommended that the application for a Raffle Permit be
approved.
SUBMITTED BY:
Mary H. Vilen
Clerk to the Board
APPROVED BY:
Elmer C. Hodge
County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Rnh T— Tnhncnn No Yes Abs
Denied ( ) Eddy x
Received ( ) Johnson x
Referred ( ) McGraw x
To ( ) Nickens x
Robers x
cc: File
Bingo/Raffle File
COUNTY OF ROANOKE, VIRGINIA
COMMISSIONER OF THE REVENUE
APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO
Application is hereby made for a bingo game or -raffle permit.
This application is made subject to all County and State laws,
ordinances, rules, and regulations now in force, or that may be
enacted hereafter and which are hereby agreed to by the under-
signed applicant and which shall be deemed a condition under
which this permit is issued.
All applicants should exercise extreme care to ensure the accura-
cy of their responses to the following questions. Bingo games
and raffles are strictly regulated by Title 18.2-340.1 et. sec.
of the criminal statutes of the Virginia Code, and by Section
4-86 et. seg. of the Roanoke -County Code. These laws authorize
the County Board of Supervisors to conduct a reasonable investiga-
tion prior to granting a bingo or raffle permit. The Board has
sixty days from the filing of an application to grant or deny the
permit. The Board may deny, suspend, or revoke the permit of any
organization found not to be in strict compliance with county and
state law.
Any person violating county or state regulations concerning these
permits shall be guilty of a Class 1 misdemeanor. Any person who
uses any part of the gross receipts from bingo or raffles for any
purpose other than the lawful religious, charitable, community,
or educational purposes for which the organization is specifi-
cally organized, except for reasonable operating expenses, shall
be guilty of a Class 6 felony.
THIS APPLICATION IS FOR:
RAFFLE PERMIT 7
Name of Organization
(check one)
BINGO GAMES
Loyal Order Of Moose Lodge #284
Street Address 3233 Catawba Valley Drive
Mailing Address P• 0. Box 538
City, State, Zip Code Salem, VA 24153
Purpose and Type of Organization Fraternal Organization
When was the organization founded? 1915
1
K--
011,
State specifically how the proceeds from the Bingo/Raffle will be
used. List in detail the planned or intended use of the proceeds.
Use estimates amounts if necessary.
Proceeds will be used for civic affairs and national, state, and local
charitable organizations.
K-0-�
5. Does your organization understand that a Financial Report
must be filed with the Commissioner of the Revenue on or before
the first day of November of each calendar year for which a per-
mit has been issued? Yes
6. Does your organization understand that if gross receipts ex-
ceed fifty thousand dollars during any calendar quarter, an addi-
tional Financial Report must be filed for such quarter no later
than sixty days following the last day of such quarter? �PG
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, commu-
nity, or educational purposes for which the organization is spe-
cifically chartered or organized, and that the operation of Bingo
games or raffles have been in accordance with the provisions of
Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia? Yes
o
9. Does your organization understand tha a one per nt audit
fee of the gross receipts must be paid to the y 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 and 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, opera-
tion, or conduct of any bingo game or raffle, and no person
shall receive any remuneration for participating in management,
operation, or conduct of any such game or raffle? 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,
Virginia? Yes
13. Does your organization understand that any organization found
in violation of the County Bingo and Raffle Ordinance or 518.2-
340.10 of the Code of Virginia authorizing this permit is subject
to having such permit revoked and any person, shareholder, agent,
member or employee of such organization who violates the above to
having such permit revoked and any person, shareholder, agent,
member or employee of such organization who violates the above
referenced Codes may be guilty of a felony? VC -0
5
K -
ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE
NOTARIZATION
RAFFLE APPLICANTS, GO TO NOTARIZATION.
20. Does your organization understand that the bingo games shall
not be conducted more frequently than two calendar days in any
calendar week?
21. Does your organization understand that it is required to keep
complete records of the bingo game. These records based on §18.2-
340.6 of the Code of Virginia and §4.98 of Roanoke County Code
must include the following:
a. A record of the date, quantity, and card value of instant
bingo supplies purchased, as well as the name and address of
the supplier of such instant bingo supplies, and written
invoice or receipt is also required for each purchase of in-
stant bingo supplies?
b. A record in writing of the dates on which Bingo is played,
the number of people in attendance on each date, and the
amount of receipts and prizes on each day?
(These records must be retained for three years.)
c. A record of the name and address of each individual to whom a
door prize, regular or special Bingo game prize or jackpot
from the playing of Bingo is awarded?
d. A complete and itemized record of all receipts and disburse-
ments which support, and that agree with, the- quarterly and
annual reports required to be filed, and that these records
must be maintained in reasonable order to permit audit?
22. Does your organization understand that instant Bingo may only
be conducted at such time as regular Bingo game is in progress,
and only at such locations and at such times as are specified in
this application?
23. Does your organization understand that the gross receipts in
the course of a reporting year from the playing of instant Bingo
may not exceed 33 1/38 of the gross receipts of an organization's
Bingo operation?
24. Doe• your organization understand it may not sell an instant
Bingo card to an individual below sixteen years of age?
25. Does your organization understand that an organization whose
gross receipts from all bingo operations that exceed or are ex-
pected to exceed $75,000 in any calendar year shall have been
granted tax-exempt status pursuant to Section 501 C of the United
States Internal Revenue Service?
(Certificate must be attached.)
7
NOT VALID UNLESS COUNTERSIGNED
The above application, having been found in due form, is approved
and issued to -the applicant to have effect until December 31st of
this,calendar year.
•9 c Q
DateCom1fiis ioner of the Revenue
The above application is not approved.
Date Commissioner of the Revenue
9
L
ACTION NO. A -32691-6.c
ITEM NUMBER K-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: March 26, 1991
AGENDA ITEM: Request for approval of a Raffle Permit from the
Knight's Booster Club of Cave Spring High School
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Knight's Booster Club of Cave Spring High School has requested
a Raffle Permit to hold a raffle in Roanoke County on October 25,
1991. This application has been reviewed with the Commissioner of
Revenue and he recommends that it be approved. The application is
on file in the Clerk's Office.
The organization has paid the $25.00 fee.
STAFF RECOMMENDATION:
It is recommended that the application for a Raffle Permit be
approved.
SUBMITTED BY:
Mary H. Allen
Clerk to the Board
APPROVED BY:
Elmer C. Hodge
County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Bob L. Johnson No Yes Abs
Denied ( ) Eddy x
Received ( ) Johnson x
Referred ( ) McGraw x
To ( ) Nickens x
Robers
cc: File
Bingo/Raffle File
COUNTY OF ROANOKE, VIRGINIA K__3
COMMISSIONER OF THE REVENUE
APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO
Application is hereby made for a bingo game or raffle permit.
This application is made subject to all County and State laws,
ordinances, rules, and regulations now in force, or that may be
enacted hereafter and which are hereby agreed to by the under-
signed applicant and which shall be deemed a condition under
which this permit is issued.
All applicants should exercise extreme care to ensure the accura-
cy of their responses to the following questions. Bingo games
and raffles are strictly regulated by Title 18.2-340.1 et. seq.
of the criminal statutes of the Virginia Code, and by Section
4-86 et. seg. of the Roanoke.County Code. These laws authorize
the County Board of Supervisors to conduct a reasonable investiga-
tion prior to granting a bingo or raffle permit. The Board has
sixty days from the filing of an application to grant or deny the
permit. The Board may deny, suspend, or revoke the permit of any
organization found not to be in strict compliance with county and
state law.
Any person violating county or state regulations concerning these
permits shall be guilty of a Class 1 misdemeanor. Any person who
uses any part of the gross receipts from bingo or raffles for any
purpose other than the lawful religious, charitable, community,
or educational purposes for which the organization is specifi-
cally organized, except for reasonable operating expenses, shall
be guilty of a Class 6 felony.
THIS APPLICATION IS FOR:
RAFFLE PERMIT V
(check one)
BINGO GAMES
Name of Organization _KNIG14T'' 1' 005TER GLOB
Street Address
Mailing Address_
32601/,`per
'AORM
Rb 5 W
City, State, Zip
Code
R OAtioV_e.
VA. L24.01$
Purpose and Type of Organization aRaesC- _r0 fFAC ;;RA6e. i2amg►e dSuPPeR�- -TME
e. SPR
ROAN,oke COt,kTy N/A. Nc N - iki;Fl-
When was the organization founded?ASSccIATiomi kk6i'sTeReb di
A�PRex . i97µ o?aRticKe CciNly
1
State specifically how the proceeds from the Bingo Raffle;will be
used. List in detail the planned or intended use of a proceeds.
Use estimates amounts if necessary.
i
tit 1Y -a L V �lLl� ;A �n LMCL�� : u C LC� CL -
1U ''cx-i Ce.Cc.L'Lu—t t&I
4LV����JJJ I 1n -Cil CLu LL"j �+
Alf
c.�.�..—
t� �ti Fie iia-� s cE.&
3
K-3
5. Does your organization understand that a Financial Report
must be filed with the Commissioner of the Revenue on or before
the first day of November of each calendar year for which a per-
mit has been issued?_�G�b
6. Does your organization understand that if gross receipts ex-
ceed fifty thousand dollars during any calendar quarter, an addi-
tional Financial Report must be filed for such quarter no later
than sixty days following the.last day of such quarter? e 5
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? y e 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, commu-
nity, or educational purposes for which the organization is spe-
cifically chartered or organized, and that the operation of Bingo
games or raffles have been in accordance with the provisions of
Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia? UeS
9. Does your organization understand that a.two percent audit
fee of the gross receipts must be paid to the County of Roanoke
upon submission of the annual financial report due on or before
the first of November? Wes
10. Does your organization understand that this permit is valid
only in the County of Roanoke and only at such locations, and for
such dates, as are designated in the permit application? u e5
11. Does your organization understand that no person, except a
bona fide member of any such organization who shall have been a
member of such organization for at least ninety days prior to
such participation, shall participate in the management, opera-
tion, or conduct of any bingo game or raffle, and no person
shall receive any remuneration for participating in management,
operation, or conduct of any such game or raffle? y2S
12. Has your organization attached a check for the annual permit
fee in the amount of $25.00 payable to the County of Roanoke,
Virginia? Ue5
13. Does your organization understand that any organization found
in violation of the County Bingo and Raffle Ordinance or §18.2-
340.10 of the Code of Virginia authorizing this permit is subject
to having such permit revoked and any person, shareholder, agent,
member or employee of such organization who violates the above to
having such permit revoked and any person, shareholder, agent,
member or employee of such organization who violates the above
referenced Codes may be guilty of a felony? Lies
5
ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE
NOTARIZATION
RAFFLE APPLICANTS, GO TO NOTARIZATION.
20. Does your organization understand that the bingo games shall
not be conducted more frequently than two calendar days in any
calendar week?
21. Does your organization understand that it is required to keep
complete records of the bingo game. These records based on §18.2-
340.6 of the Code of Virginia and §4.98 of Roanoke County Code
must include the following:
a. A record of the date, quantity, and card value of instant
bingo supplies purchased, as well as the name and address of
the supplier of such instant bingo supplies, and written
invoice or receipt is also required for each purchase of in-
stant bingo supplies?
b. A record in writing of the dates on which Bingo is played,
the number of people in attendance on each date, and the
amount of receipts and prizes on each day?
(These records must be retained for three years.)
c. A record of the name and address of each individual to whom a
door prize, regular or special Bingo game prize or jackpot
from the playing of Bingo is awarded?
d. A complete and itemized record of all receipts and disburse-
ments which support, and that agree with, the quarterly and
annual reports required to be filed, and that these records
must be maintained in reasonable order to permit audit?
22. Does your organization understand that instant Bingo may only
be conducted at such time as regular Bingo game is in progress,
and only at such locations and at such times as are specified in
this application?
23. Does your organization understand that the gross receipts in
the course of a reporting year from the playing of instant Bingo
may not exceed 33 1/3% of the gross receipts of an organization's
Bingo operation?
24. Does your organization understand it may not sell an instant
Bingo card to an individual below sixteen years of age?
25. Does your organization understand that an organization whose
gross receipts from all bingo operations that exceed or are ex-
pected to exceed $75,000 in any calendar year shall have been
granted tax-exempt status pursuant to Section 501 C of the United
States Internal Revenue Service?
(Certificate must be attached.)
7
K-3
NOT VALID UNLESS COUNTERSIGNED
The above application, having been found in due form, is approved
and issued to the applicant to have effect until December 31st of
this calendar year.
Date Commis ioner of the Revenue
The above application is not approved.
Date Commissioner of the Revenue
0
U
ACTION # A -32691-6.d
ITEM NUMBER /�— /
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: March 26, 1991
SUBJECT: Acceptance of Water Facilities Serving Tini World Child
Care Center
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Developers of Tini World Child Care Center, Keith & Diane
Bradshaw, have requested that Roanoke County accept the Deed
conveying the water facilities serving the Child Care Center along
with all necessary easements.
The water facilities are installed, as shown on plans prepared by
John Abbott, P.C. entitled Tini World Child Care Center, dated
August 30, 1990, which are on file in the County Engineering
Department. The water facility construction meets the
specifications and the plans approved by the County.
FISCAL IMPACT:
The value of the water construction is $11,500.
RECOMMENDATION•
Staff recommends that the Board of Supervisors accept the water
facilities serving the Tini World Child Care Center along with all
necessary easements, and authorize the County Administrator to
execute a Deed for the transfer of these facilities.
i
SUBMITTED BY:
Clifford aig, P.E.
Utility Director
APPROVED:
Elmer C. Hodge
County Administrator
ACTION VOTE
Approved (x) Motion by: Bob L. Johnson No Yes
Denied ( ) Eddy x
Received ( ) Johnson x
Referred McGraw x
to Nickens x
Robers x
cc: File
Cliff Craig, Director, Utilities
George Simpson, Assistant Director, Engineering
X-1
Abs
ACTION NO. A -32691-6.e
ITEM NUMBER K S
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: March 26, 1991
AGENDA ITEM: Request for approval of a Raffle and 50/50 Raffle
Permit from the Cave Spring American Baseball
League, Inc.
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Cave Spring American Baseball League, Inc. has requested a
permit to hold a raffle in Roanoke County on April 20, 1991, and
50/50 raffles weekly on Saturdays beginning April 20, 1991 and
concluding July 15, 1991. 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 and 50/50
Raffle Permit be approved.
SUBMITTED BY: APPROVED BY:
Cc1..C.c `min
Mary H. Allen Elmer C. Hodge
Clerk to the Board County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (x ) Motion by: Roh r.. Johnson No Yes Abs
Denied ( ) Eddy x
Received ( ) Johnson x
Referred ( ) McGraw x
To ( ) Nickens x
R
cc: File obers x
Bingo/Raffle File
U
COUNTY OF ROANOKE, VIRGINIA
COMMISSIONER OF THE REVENUE
APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO
Application is hereby made for a bingo game or raffle permit.
This application is made subject to all County and State laws,
ordinances, rules, and regulations now in force, or that may be
enacted hereafter and which are hereby agreed to by the under-
signed applicant and which shall be deemed a condition under
which this permit is issued.
All applicants should exercise extreme care to ensure the accura-
cy of their responses to the following questions. Bingo games
and raffles are strictly regulated by Title 18.2-340.1 et. seq.
of the criminal statutes of the Virginia Code, and by Section
4-86 et. seg, of the Roanoke,County Code. These laws authorize
the County Board of Supervisors to conduct a reasonable investiga-
tion prior to granting a bingo or raffle permit. The Board has
sixty days from the filing of an application to grant or deny the
permit. The Board may deny, suspend, or revoke the permit of any
organization found not to be in strict compliance with county and
state law.
Any person violating county or state regulations concerning these
permits shall be guilty of a Class 1 misdemeanor. Any person who
uses any part of the gross receipts from bingo or raffles for any
purpose other than the lawful religious, charitable, community,
or educational purposes for which the organization is specifi-
cally organized, except for reasonable operating expenses, shall
be guilty of a Class 6 felony.
THIS APPLICATION IS FOR: (check one`)
RAFFLE PERMIT BINGO GAMES
Name of Organization ,IG ,c,�;�, -74401 e_AL ave
( llh CSk"1 -�* Iq
Street Address
Mailing Address Q C'
City, State, Zip Code � �4� �)p
Purpose and Type of Organization�rJ�Qtt 1 1 �-DU04Pz,+sA— &,94Ay;1Z41r*;
-T-*'E-PtcA7GP -Ta f'xeVVDIA& fASe_8AV_ M
When was the organization founded? J I'`'S��aj>
o �otiti� ones =�.
1 e_6Mfe7777-,r1
State specifically how the proceeds from the Bingo/Raffle will be
used. List in detail the planned or intended use of the proceeds.
Use estimates amounts if necessary.
��✓ Q.vS<- c7� ._�c� {'�:�rr��L '.5 `jam /�;.�5<_ "v/jf'-y
J I ;
i f
4- 2
Ile_
ze
7�1 �----
41
II
Lu ,
3
rA
k -s
5. Does your organization understand that a Financial Report
must be filed with the Commissioner of the Revenue on or before
the first day of November of each calendar year for which a per-
mit has been issued?
6. Does your organization understand that if gross receipts ex-
ceed fifty thousand dollars during any calendar quarter, an addi-
tional Financial Report must be filed for such quarter no later
than sixty days following the last day of such quarter? ` F<'
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? Ve 5
8. Does your organization understand that each Financial Report
must be accompanied by a Certificate, verified under oath by the
Board of Directors, that the proceeds of any Bingo game or raffle
have been used for these lawful, religious, charitable, commu-
nity, or educational purposes for which the organization is spe-
cifically chartered or organized, and that the operation of Bingo
games or raffles have been in accordance with the provisions of
Article 1.1 of Chapter 8, Title 18.2 of the C de of Virginia?
9. Does your organization understand that a'o percent tilt J U
fee of the gross receipts must be paid to the, ounty of Roanoke Z
upon submission of the annual financial report due on or before
the first of November?YG_5
10. Does your organization understand that this permit is valid
only in the County of Roanoke and only at such locations, and for
such dates, as are designated in the permit application?
11. Does your organization understand that no person, except a
bona fide member of any such organization who shall have been a
member of such organization for at least ninety days prior to
such participation, shall participate in the management, opera-
tion, or conduct of any bingo game or raffle, and no person
shall receive any remuneration for participating in management,
operation, or conduct of any such game or raffle? 'rC_S
12. Has your organization attached a check for the annual permit
fee in the ,amount of $25.00 payable to the County of Roanoke,
Virginia? /6S
13. Does your organization understand that any organization found
in violation of the County Bingo and Raffle Ordinance or §18.2-
340.10 of the Code of Virginia authorizing this permit is subject
to having such permit revoked and any person, shareholder, agent,
member or employee of such organization who violates the above to
having such permit revoked and any person, shareholder, agent,
member or employee of such organization who violates the above
referenced Codes may be guilty of a felony? `/ES
5
ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE
NOTARIZATION
RAFFLE APPLICANTS, GO TO NOTARIZATION.
20. Does your organization understand that the bingo games shall
not be conducted more frequently than two calendar days in any
calendar week?
21. Does your organization understand that it is required to keep
complete records of the bingo game. These records based on §18.2-
340.6 of the Code of Virginia and §4.98 of Roanoke County Code
must include the following:
a. A record of the date, quantity, and card value of instant
bingo supplies purchased,'as well as the name and address of
the supplier of such instant bingo supplies, and written
invoice or receipt is also required for each purchase of in-
stant bingo supplies?
b. A record in writing of the dates on which Bingo is played,
the number of people in attendance on each date, and the
amount of receipts and prizes on each day?
(These records must be retained for three years.)
c. A record of the name and address of each individual to whom a
door prize, regular or special Bingo game prize or jackpot
from the playing of Bingo is awarded?
d. A complete and itemized record of all receipts and disburse-
ments which support, and that agree with, the quarterly and
annual reports required to be filed, and that these records
must be maintained in reasonable order to permit audit?
22. Does your organization understand that instant Bingo may only
be conducted at such time as regular Bingo game is in progress,
and only at such locations and at such times as are specified in
this application?
23. Does your organization understand that the gross receipts in
the course of a reporting year from the playing of instant Bingo
may not exceed 33 1/3% of the gross receipts of an organization's
Bingo operation?
24. Does your organization understand it may not sell an instant
Bingo card to an individual below sixteen years of age?
25. Does your organization understand that an organization whose
gross receipts from all bingo operations that exceed or are ex-
pected to exceed $75,000 in any calendar year shall have been
granted tax-exempt status pursuant to Section 501 C of the United
States Internal Revenue Service?
(Certificate must be attached.)
7
-5
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
t calendar year.
- zi L el..' e""? /� 2. � / �' 9/� //;,/, �( e, '1�)'4
Dat Commiss'oner of t e Reven
The above application is not approved.
Date Commissioner of the Revenue
0
4t
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, MARCH 26, 1991
RESOLUTION 32691-7 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that, to
the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies, and
2. Only such public business matters as were identified
in the motion convening the executive meeting were heard, discussed
or considered by the Board of Supervisors of Roanoke County,
Virginia.
0
On motion of Supervisor Nickens, and carried by the following
recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
cc: File
Executive Session
A COPY TESTE:
-In a �- .94 • O-U-t'�
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
jr
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, MARCH 26, 1991
ORDINANCE 32691-8 TO CHANGE THE ZONING
CLASSIFICATION OF A .324 ACRE TRACT OF REAL
ESTATE LOCATED AT 3556 BRAMBLETON AVENUE (TAB
MAP NO. 77.10-6-12) IN THE CAVE SPRING
MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF B-1 TO THE ZONING
CLASSIFICATION OF B-2 WITH CONDITIONS UPON THE
APPLICATION OF ERWIN B. RICHARDS
WHEREAS, the first reading of this ordinance was held on
February 26, 1991, and the second reading and public hearing was
held March 26, 1991; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on March 5, 1991; 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 .324 acre, as. described herein, and located at
3556 Brambleton Avenue, S.W., (Tax Map Number 77.10-6-12) in the
Cave Spring Magisterial District, is hereby changed from the zoning
classification of B-1, Office District, to the zoning
classification of B-2, General Commercial District.
2. That this action is taken upon the application of Erwin
B. Richards.
3. That the owner, William V. Belcher, has voluntarily
proffered in writing the following conditions which the Board of
Supervisors hereby accepts:
a. Use of the property shall be limited to office uses and
sales, service and repair of small consumer products.
4. That said real estate is more fully described as follows:
Beginning at a point on the southerly side of the Grandin
Court and Cave Spring Road, now known as the Mount Vernon
Drive, said beginning point being N. 58 deg. 00' E. 20.0
feet from the subtangent intersection point of the
southerly side of Mount Vernon Drive, produced with the
easterly side of Custis Avenue produced; thence along the
southerly side of Mount Vernon Drive N. 58 deg. 00' E.
55.0 feet to a point on same, corner to Lot #13; thence
along the lot line between Lots #13 and #14, S. 32 deg.
00' E. 200.0 feet to a point corner to Lot #15, thence
along the lot line between Lots #14 and #15 S. 58 deg.
00' W. 75.0 feet to the easterly side of Custis Avenue;
thence along said easterly side of Custis Avenue N. 32
deg. 00' W. 180.0 feet to a point on same; thence along
a curved line whose radius is 20 feet, a distance of
31.41 feet to the place of beginning, and being Lot #14,
Section #2 according to the map of Mount Vernon Heights,
Roanoke County, Virginia, less 874 square feet, more or
less, conveyed to the Commonwealth of Virginia, on July
20, 1978, and recorded in Deed Book 1101, page 166.
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 Robers to adopt ordinance, and carried
by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Development & Inspections
Terry Harrington, Director, Planning & Zoning
John Willey, Director, Real Estate Assessment
Paul Mahoney, County Attorney
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, MARCH 26, 1991
DENIAL OF ORDINANCE 32691-9 TO AMEND PROFFERED
CONDITIONS ON THE REZONING OF A 4.35 -ACRE
TRACT OF REAL ESTATE LOCATED ON THE NORTH SIDE
OF ROUTE 419 AT ITS INTERSECTION WITH
CHAPARRAL DRIVE IN THE CAVE SPRING MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATION OF B-
1, CONDITIONAL, TO THE ZONING CLASSIFICATION
OF B-1, CONDITIONAL (AMENDMENT TO PROFFERS)
UPON THE APPLICATION OF FRALIN & WALDRON
WHEREAS, the first reading of this ordinance was held on
February 26, 1991, and the second reading and public hearing was
held March 26, 1991; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on March 5, 1991; and,
WHEREAS, legal notice and advertisement has been provided as
required by law; and
WHEREAS, this property was rezoned from R-3, Multi -Family
Residential District, to B-1, Office District, with proffered
conditions, on August 13, 1985.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
Denied on motion of Supervisor Robers, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
A COPY TESTE:
ct� _A�v. Qj_ZCrm,
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Development & Inspections
Terry Harrington, Director, Planning & Zoning
John Willey, Director, Real Estate Assessment
Paul Mahoney, County Attorney