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4/9/1991 - Adopted Board Records
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 9, 1991 RESOLUTION 4991-1 OF SUPPORT FOR THE ROANOKE AREA JOB OPPORTUNITIES CONVENTION ON MAY 15, 1991 WHEREAS, the first annual Roanoke Area Job Opportunities Convention will be held May 15, 1991, at the Exhibition Hall of the Roanoke Civic Center; and WHEREAS, The Roanoke Area Job Opportunities Convention is jointly sponsored by the Roanoke County Schools, Botetourt County Schools, Craig County Schools, Roanoke City Schools, and Salem City Schools; and WHEREAS, The purpose of the Roanoke Area Job Opportunities Convention is to provide an opportunity for business, industry, and government representatives to interview 1991 graduating seniors with marketable skills and a desire for full- time employment; and WHEREAS, The Roanoke County School Board believes that such an event will be a learning experience to those students seeking full-time employment after graduation. NOW, THEREFORE, BE IT RESOLVED that We, the Board of Supervisors of Roanoke County, Virginia, do support the Roanoke Area Job Opportunities Convention to be held on May 15, 1991, as being in the best interest of Roanoke County and the surrounding areas. FURTHER, BE IT RESOLVED that the Board of Supervisors extends its best wishes for a successful event to all participants. On motion of Supervisor Eddy to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: Mary H. lien, Clerk Roanoke County Board of Supervisors cc: File Dr. Bayes E. Wilson, Superintendent, Roanoke County Schools Garland Kidd, Director, Vocational & Adult Education ACTION NO. A-4991-2 ITEM NUMBER M — % AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 9, 1991 AGENDA ITEM: Request from the Roanoke Symphony to use Green Hill Park as a polo field COUNTY ADMINISTRATOR'S COMMENTS: Jlln't�C.0-r-nvru-ri-�C � yf? BACKGROUND: For several years, the Roanoke Symphony's major fund raising event has been a polo match. The polo match raises approximately $40,000 for the symphony and brings many participants and spectators to the Roanoke Valley. Last year, over 2,000 people attended. They have been using a private farm to hold the matches, and because of the success of the event are anxious to have a permanent field for the activity. The next match is scheduled for October 5, 1991. SUMMARY OF INFORMATION: The Roanoke Symphony is interested in holding their future polo matches at Green Hill Park. They have met with Parks and Recreation Director Stephen Carpenter, and a proposed arrangement is being developed to use a portion of the park for polo matches. Roanoke County has indicated its willingness to allow the organization to use Green Hill Park for the event at no charge. The County will assume responsibility for the normal mowing and maintenance of the field as they do other County parks. The Roanoke Symphony has agreed to be financially responsible for all preparation of the fields. They further agreed to cover all other expenses associated with the polo match such as insurance, security, restroom rental, etc. An agreement between Roanoke County and the Roanoke Symphony will outline these specific responsibilities. Attached is a map showing the proposed location of the polo field. The actual location will be finalized by an agreement between the Roanoke Symphony and the Parks and Recreation Department. The event will not interfere with other activities held at the park. Joyce Jaeger, Vice President of the Roanoke Symphony Association, will be present at the meeting to answer questions. 11 FISCAL IMPACT: There is no • fiscal impact to Roanoke County beyond normal maintenance of the field. The Roanoke Symphony will assume the financial responsibility. RECOMMENDATION• It is recommended that the County Administrator be authorized to execute an agreement with the Roanoke Symphony for the use of Green Hill Park as a polo field. Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Elmer C. Hodge County Administrator ACTION VOTE Motion by: Richard W. Robers No Yes Abs to approve staff recommendationEddy x Johnson x McGraw x Nickens x Robers x cc: File Steve Carpenter, Director, Parks &'Recreation 0 Ole 0 ) 46 -------- -- Q :°Q :0 ACTION NO. A-4991-3 ITEM NO. ..D —.7— AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 9, 1991 AGENDA ITEM: REQUEST FROM ROANOKE COUNTY TO AMEND THE EXTRA- TERRITORIAL ARREST POWERS AGREEMENT WITH THE CITY OF ROANOKE COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY This ordinance provides authority for the execution of a new Extra -Territorial Arrest Powers Agreement with the City of Roanoke naming the Roanoke County Police Department as the authorized law enforcement agency for the County. BACKGROUND: For a number of years an agreement has existed between Roanoke City and Roanoke County to provide limited police authority to each jurisdiction's officers to enforce serious traffic law violations in the other's jurisdiction. SUMMARY OF INFORMATION: With the change to a County Police Department performing criminal/traffic law enforcement, the existing agreement with Roanoke City for these functions to be performed by Sheriff's deputies needs to be revised and updated. The new agreement involves technical changes in terminology only and there is no substantive change in the scope or wording of this agreement. This agreement allows both the County and the City to bestow extra -territorial arrest powers on the police officers of the other jurisdiction. Such authority is limited to the traffic laws enumerated in the agreement. The agreement is legally necessary to permit officers to take action upon serious law violations outside an officer's legal jurisdiction and is designed to benefit the public in both the City and County. This agreement is the necessary instrument that allows traffic enforcement beyond jurisdictional boundary lines. The agreement does not involve the Town of Vinton. Such an agreement is authorized by the Code of Virginia. It D - 2 has been reviewed by the legal departments of both the County and City as to form and carries their recomrgendations for adoption as well as that of the respective Commonwealth Attorneys. This agreement contains topics to include the following: traffic laws effected; officer authority; notification to respective jurisdic- tions; mutual indemnification; operational policy; immunities; agreement termination procedure; and the effective date. FISCAL IMPACTS• None. ALTERNATIVES: Currently, the Code of Virginia provides no legal alternative to such an agreement for the enforcement by police officers of violations of law in adjoining jurisdictions. Such an agreement must conform to the procedures followed in this instance. The impact is favorable to both localities and allows officers to take enforcement action for serious traffic law violations when traveling through a jurisdiction other than their own. Failure to renew this agreement would preclude City and County officers from having authority to act when confronted with serious traffic law violations when traveling through their neighboring political jurisdiction. STAFF RECOMMENDATION: Staff recommends approval of the revised extra -territorial agreement. Respectfully submitted, It. John H. Cease Chief of Police Approved Denied Received Referred to Approved by: Elmer C. Hodge County Administrator Action Vote No Yes Abs (X) Motion by Ffarry r Ni ckP.ns ( ) fn aja= rnva With r nrrar i -i nnc f -n ( ) agreement cc: File John Cease, Chief, Police Department Eddy x Johnson x McGraw x Nickens x Robers x R THIS AGREEMENT, made and entered into this 4th day of March, 1991, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "City," and ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as "County." W I T N E S S E T H WHEREAS, officers of the City of Roanoke Police Department have occasion during the course of their employment as City police officers to be in Roanoke County, and officers of the Roanoke County Police Department have occasion during the course of their employment as officers to be in the City of Roanoke; WHEREAS, it is the intent of the City and the County to bestow extraterritorial arrest powers upon such officers who while on duty outside the corporate boundaries of the political subdivision which employees them coincidentally observe certain offenses committed in their presence, without the creation of any additional liability for the political subdivision where the arrest occurs or its officers and employees; and WHEREAS, §15.1-159.7, Code of Virginia (1950), as amended, provides that the governing bodies of counties, cities and towns whose boundaries are contiguous may by proper resolutions of such governing bodies enter in and become a party to agreements for the mutual protection of all parties to such agreements by the use of their joint police forces, their equipment and materials all for their mutual protection, defense and the maintenance of peace and 04 z good order; NOW, THEREFORE, for and in consideration of the undertakings of the parties to this Agreement, the City and the County covenant and agree, each with the other as follows: 1. Definitions As used in this Agreement, the following words and phrases shall have the meanings ascribed to them in this section: City. The word "City" shall mean the City of Roanoke, Virginia. County. The word "County" shall mean Roanoke County, Virginia. Extraterritorial arrest power. The term "extraterritorial arrest power" shall mean the right, power and authority of an officer of the City of Roanoke Police Department in Roanoke County or an officer of the Roanoke County Police Department in the City of Roanoke to stop and effect arrests and otherwise enforce the law with the respect to specific crimes and offenses set out in Section 2 of this Agreement when such crimes and offenses are committed in the presence of such officer. Officer. The word "officer" shall mean any sworn officer of the City of Roanoke Police Department or any sworn officer of the Roanoke County Police Department. On duty. The term "on duty" shall mean working a regularly scheduled tour of duty with the employing law enforcement agency. State Code. The term "State Code" shall mean the Code of 2 0 Virginia (1950), as amended. 2. Extraterritorial Arrest Power. A City officer in the County, except in the Town of Vinton, or a County officer in the City shall possess extraterritorial arrest power while on duty when any of the following offenses shall be committed in the presence of such officer: a. Driving under the influence under Article 2, Driving Motor Vehicle, etc., While Intoxicated, of Chapter 7, Crimes Against Health and Safety, of Title 18.2, Crimes and Offenses Generally, of the State Code. b. Reckless driving pursuant to §46.2-852, Reckless driving; general rule; §46.2-853, Driving vehicle when not under control; faulty brakes; §46.2-854, Passing on or at the crest of a grade or on a curve; §46.2-855, Driving with driver's view obstructed or control impaired; §46.2-856, Passing two vehicles abreast; §46.2- 857, Driving two abreast in a single lane; §46.2-858, Passing at a railroad grade crossing; §46.2-859, Passing a stopped school bus; §46.2-860, Failing to give proper signals; §46.2-861, Driving too fast for highway and traffic conditions; §46.2-862, Exceeding speed limit; §46.2-863, Failure to yield right of way; §46.2-864, Reckless driving on parking lots etc.; §46.2-866, Racing; aiders or abettors; of the State Code. C. Hit and run pursuant to §46.2-894, Duty of driver to stop, etc.. in event of accident involving injury or death or damage to attended property, of the State Code. d. Driving without operator's license pursuant to §46.2-301, 3 —.:2. Driving while license permit or privilege to drive suspended or revoked, of the State Code. e. Habitual offender offenses pursuant to Article 9, Habitual Offenders, of Chapter 3, Licensure of Drivers, of Title 46.2, Motor Vehicles, of the State Code. Any officer effecting or attempting to effect an extraterritorial arrest under or pursuant to this Agreement shall have the same rights, powers and authorities as he would possess in making or attempting to make an arrest in the political subdivision employing him under similar circumstances. Nothing in this agreement shall be construed as requiring an officer to effect an extraterritorial arrest. 3. Notification. Any officer making an extraterritorial arrest shall forthwith give notice of such fact by filing a written report, enumerating the name of the person arrested, the offense and time, place and particulars of the offense, with the law enforcement agency in the jurisdiction where the arrest occurred. 4. Mutual indemnification. a. The City agrees to indemnify and hold harmless the County and its officers, agents and employees from any and all claims, legal actions and judgments advanced against the County and its officers, agents and employees and for any expenses the County may incur in this regard arising out of the intentional acts and neg7igen� acts or omissions regard-arising-ouf ofin�en�ionaT acmes and -negligent acts or omissions of any City officer, as defined by Section 1 of this Agreement, arising under or pursuant to this Agreement. b. The County agrees to indemnify and hold harmless the City and its officers, agents and employees from any and all claims, 4 Z legal actions and judgments advanced against the City and its officers, agents and employees and for any expenses the city may incur in this regard arising out of intentional acts and negligent acts or omissions of any County officer, as defined by Section 1 of this Agreement, arising under or pursuant to this Agreement. 5. Operational policies. Any officer effecting an extraterritorial arrest shall comply with the operational policies of his own department. The City and County agree to hold their own officers, respectively, responsible and accountable for compliance with operational policies of the employing department. 6. No effect on existing powers. This Agreement shall not supersede restrict, limit or otherwise impair or affect extraterritorial arrest powers already existing pursuant to §§15.1- 131, 15.1-131.1, 15.1-131.5, 19.2-77, 19.2-249, 19.2-250 and other sections of the State Code or any authority or power existing under the City of Roanoke Charter of 1952. 7. Rights of officers. While acting under or pursuant to this Agreement any City officer in the County or any County officer in the City shall have all 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 him while performing his respective duties within the territorial limits of his political subdivision. 8. No backup. This agreement shall not be construed as requiring any City officer to act in the county or any County officer to act in the city upon request to supplement or replace routine patrol or enforcement activities. 9. Loss or damage to equipment. The City shall have no liability for any destruction, loss or damage of any County -owned 4 motor vehicle, equipment or personal property and the County shall have no liability for any destruction, loss or damage of any City - owned motor vehicle, equipment or personal property in the exercise of extraterritorial arrest power under or pursuant to this Agreement. 10. Immunities. This Agreement shall not be construed to impair or affect any sovereign or governmental immunity or official immunity that may otherwise be available to the City or any officer, agent or employee of the City or to the County or any officer, agent or employee of the County. 11. Termination. Either party to this Agreement shall have the right to terminate this Agreement, with or without cause, by giving written notice to he chief administrative officer of the other party by certified mail, return receipt requested. Any termination shall be effective ten (10) days after receipt of notice of termination. 12. Completeness of Agreement. This Agreement represents the entire and integrated Agreement between the City and the County and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by authorized representative of the City and County. 13. Gender. Any word importing the masculine gender used in this Agreement may extend to and be applied to females as well as males. 14. Effective date. This Agreement shall be effective on and after l�farelt-�,--�99�-- April 9, 1991 IN WITNESS WHEREOF the City has caused this Agreement to be signed and attested on behalf of the City, by the City Manager and 2 3-2. City Clerk, respectively, and the County has caused this agreement to be signed by the County Administrator and attested by the Clerk of the Board. ATTEST: Mary Parker, City Clerk ATTEST: Clerk, Board of Supervisors 7 CITY OF ROANOKE, VIRGINIA By W. Robert Herbert City Manager Approved as to form: By Wilburn C. Dibling, Jr. City Attorney COUNTY OF ROANOKE By Mr. Elmer C. Hodge County Administrator Approved as to form: By Paul Mahoney County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 9, 1991 ORDINANCE 4991-4 AMENDING CHAPTER 21, TAXATION OF THE ROANOKE COUNTY CODE BY THE ADDITION OF SECTION 21-5 ADMISSIONS TAX, SECTION 21-6 COLLECTION OF ADMISSION TAXES; RECORDS, SECTION 21-7 ENFORCEMENT; PENALTIES; VIOLATIONS. WHEREAS, Section 2.02 of the Charter of the County of Roanoke authorizes the Board of Supervisors to levy and collect taxes for admission to or other charge for any public amusement, entertainment, performance, exhibition, sport or athletic event within Roanoke County, which taxes may be added to and collected with the price of such admission or other charge; and WHEREAS, Section 58.1-3817 of the Code of Virginia, 1950, as amended, establishes classifications of events for the purposes of local taxation under an admissions tax; and WHEREAS, a first reading and public hearing on this ordinance was held on March 26, 1991; the second reading on this ordinance was held April 9, 1991; the appropriate legal notices having been published as required by law. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 21 Taxation of the Roanoke County Code be amended by the addition of Section 21-5 Admissions Tax; Section 21- 6 Collection of Admissions Taxes• Records; and Section 21-7 Enforcement; Penalties; Violations: Section 21-5. Admissions Tax. 1 An admissions tax is hereby levied on the price of admissions for any public amusement, entertainment, performance, exhibition, sport or athletic event occurring in Roanoke County in accordance with the classification below, which tax shall be added to and collected by the seller along with the price of admission or other charge, as follows: (a) Upon admissions to any event, the gross receipts of which go wholly to a charitable purpose or purposes, at the rate of zero (0%) percent; (b) Upon admission to any event at a public or private elementary, secondary or college sponsored event, including events sponsored by a student organization sponsored by such school and athletic events authorized by such school at the rate of zero (0%) percent; (c) Upon admission into any museum, botanical or similar garden or zoo at the rate of five (5%) percent; (d) Upon admission as a participant in any sporting event at the rate of five (5%) percent. (e) Upon admissions to all other taxable events at the rate of five (5%) percent. Sec. 21-6. Collection of Admissions Taxes; Records (a) Every seller of admission to an event with respect to which an admissions tax is levied under Sec. 21-5 shall collect the amount of tax imposed under that Section from the purchaser on whom the same is levied at the time payment for such admission becomes due and payable, whether payment is to be made in cash, or its equivalent, or on credit by means of a credit card or otherwise. The amount of tax owed by the purchaser shall be added to the cost of the admission by the seller who shall pay the taxes collected to the County as provided in this Section. Taxes collected by the seller shall be held in trust by the seller until remitted to the County. (b) Every seller of admissions with respect to which a tax is levied under Section 21-5 shall make out a return, upon such forms and setting forth such information as the Commissioner of the Revenue may prescribe and require, showing the amount of admissions collected and the tax required to be collected, and shall sign and deliver such return to the Treasurer of Roanoke County with a remittance of such tax. Such return and remittance shall be made on or before the twentieth (20th) day of each month, covering the amount of tax collected during the preceding month. (c) It shall be the duty of any seller of admissions liable for collection and remittance of the taxes imposed by Sec. 21-5 to N keep and preserve for a period of three years records showing all purchases for events in the county and identifying the price charged against each purchaser with respect to each admission, the date thereof, the taxes collected thereon and the amount of tax imposed and collected hereunder. The Commissioner of the Revenue shall have the power to examine such records at reasonable times and without unreasonable interference with the business of the seller, for the purpose of administering and enforcing the provision of this Section and to make copies of all or any parts thereon. (d) Whenever any seller required to collect and pay to the County a tax under this Section shall cease to operate or otherwise dispose of his business, any tax payable under this Section shall become immediately due and payable and such person shall immediately make a return and pay the tax due. (e) For the purpose of compensating sellers for the collection of the tax imposed by Sec. 21-5, every seller shall be allowed three (3) percent of the amount of the tax due and accounted for in the form of a deduction on this monthly return; provided, the amount due is not delinquent at the time of payment. Sec. 21-7. Enforcement; Penalties; Violations. (a) The Commissioner of the Revenue shall promulgate rules and regulation for the interpretation, administration and enforcement of Sections 21-5 and 21-6. It shall also be the duty of the Commissioner to ascertain the name of every seller liable for the collection of the tax imposed by Sec. 21-5, who fails, refuses or neglects to collect such tax or to make the returns and remittances required by Section 21-6. The Commissioner shall have all of the enforcement powers as authorized by Article 1, Chapter 31 of Title 58.1 of the Code of Virginia, 1950, as amended, for purposes of this Article. (b) If any seller, whose duty it is to do so shall fail or refuse to collect the tax imposed Sec. 21-5 and to make within the time provided in Sec. 21-6, the returns and remittances mentioned in said Section, the Commissioner shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the Commissioner shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax payable by any seller who has failed or refused to collect such tax and to make such return and remittance, he shall proceed to determine and assess against such seller the tax and penalties provided for by these Sections and shall notify such seller, by registered mail sent to his last known place of business, of the total amount of such tax and penalties and the total amount thereof shall be payable with ten (10) days from the date such notice is sent. 3 (c) If any seller whose duty it is to do so shall fail or refuse to file any return required by Sec. 21-6 or to remit to the Treasurer of Roanoke County the tax require to be collected and paid under Sec. 21-5 within the time and in the amount specified in these Sections, there shall be added to such tax by the Commissioner of the Revenue of Roanoke County a penalty in the amount of ten (10) percent if the failure is not for more than thirty (30) days, with an additional ten (10) percent of the total amount of tax owed for each additional thirty ( 3 0 ) days or fraction thereof during which the failure continues, not to exceed twenty- five (25) percent in the aggregate, with a minimum penalty of two dollars ($2.00). In the case of a false or fraudulent return with the intent to defraud the County of any tax due under these Section, a penalty of fifty (50) percent of the tax shall be assessed against the person required to collect such tax. (d) It shall be unlawful and a violation of this Chapter for any person to fail, refuse or neglect to comply with any provision of Sections 21-5 and 21-6. Such violation shall constitute (i) a Class 3 misdemeanor if the amount of tax levied or assessed in connection with any return required by these Sections but unpaid as of the date of conviction is $1,000.00 or less, or (ii) a Class 1 misdemeanor is the amount of tax levied or assessed in connection with any return required by these Sections but unpaid as of the date of conviction is more than $1,000.00. (e) Conviction of such violation shall not relieve any person from payment, collection or remittance of the taxes provided for in Section 21-5 and 21-6. Any agreement by any person to pay the taxes provided for in these Sections by a series of installment payments shall not relieve any person of criminal liability for violation of these Sections until the full amount of taxes agreed to be paid by such person is received by the Treasurer of Roanoke County. Each failure, refusal, neglect or violation, and each day's continuance thereof, shall constitute a separate offense. 2. That this ordinance shall be in full force and effect from and after May 1, 1991. On substitute motion of Supervisor Robers to adopt ordinance with categoraies C, D, and E, at 50, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: 4 Mary H. Allen, Clerk Roanoke County Board of Supervisors DISTRIBUTION OF ORDINANCE: Circuit Court: G. O. Clemens, Judge Kenneth E. Trabue, Judge Elizabeth W. Stokes, Clerk Family Court Services: Joseph M. Clark, II, Judge Fred L. Hoback, Jr., Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Intake Counsellor General District Court: John L. Apostolou, Judge George W. Harris, Jr., Judge Theresa A. Childress, Clerk Commonwealth Attorney Skip Burkart County Attorney Paul Mahoney Magistrate Main Library Police Department Roanoke Law Library, 315 Church Avenue, S.W. Rke, 24016 Roanoke County Code Book Sheriff's Office 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 9, 1991 RESOLUTION 4991-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for April 9, 1991, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 9, inclusive, as follows: 1. Approval of Minutes - March 12, 1991. 2. Confirmation of Committee Appointments to the Transportation and Safety Commission. 3. Request for acceptance of Valleypark Drive into the Va. Department of Transportation Secondary System. 4. Acknowledgement from Va. Department of Transportation of acceptance of Arabian Lane and Filley Court into the Secondary System. 5. Request for approval of a Raffle Permit - Cave Spring Jaycees. 6. Request for approval of a Raffle Permit - Loyal Order of Moose Lodge #284. 7. Donation of sanitary sewer and drainage easements in connection with Glade Hill Estates Subdivision. 8. Donation of water line easement in connection with Forest Edge Subdivision. 9. Donation of easements in connection with Colonnade Corporate Center II from Hobart Companies, Ltd. 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, 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 George Simpson, Engineering Assistant Director Clifford Craig, Utility Director Arnold Covey, Development & Inspections Director ACTION NO. A -4991-5.a ITEM NUMBER "-7"' --aw AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 9, 1991 AGENDA ITEM: Confirmation of Committee Appointments to the Transportation and Safety Commission COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nominations were made at the March 26, 1991 meeting. Transportation and Safety Commission Supervisor Eddy nominated Art LaPrade, Police Department representative, Fred C. Altizer, Jr., Virginia Department of Transportation representative, and Jackie Talevi, legal representative to serve four year terms that will expire April 1, 1995. RECOMMENDATION• It is recommended that the Board of Supervisors confirm the above appointments. 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 to No Yes Abs Denied ( ) approve Eddy x Received ( ) Johnson x Referred ( ) McGraw x To ( ) Nickens x Robers x cc: File Transportation & Safety Commission File AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 91 1991 RESOLUTION 4991-5.b REQUESTING ACCEPTANCE OF VALLEYPARR DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Valleypark Drive, from the intersection with Valleypointe Parkway to the cul-de-sac, for a distance of 0.22 miles, to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road have heretofore been dedicated by virtue of a certain map\maps known as Valleypointe which maps were recorded in Plat Book 11, Page 46, and Plat Book 12, Page 33, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on November 1, 1988 and November 13, 1989 and that by reason of the recordation of said maps no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said road known as Valleypark Drive and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a public road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTS: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File George Simpson., Assistant Director, Engineering Arnold Covey, Director, Engineering, Development & Inspections, and copy for Virginia Department of Transportation k A -4991-5.c ACTION NO. ITEM NUMBER `T AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 9, 1991 AGENDA ITEM: Acceptance of Arabian Lane and Filly Court into the Secondary System by the Virginia Department of Transportation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County has received acknowledgement that the following roads have been accepted into the Secondary System by the Virginia Department of Transportation effective March 27, 1991. Eauestrian Hills. Section One 0.69 miles of Arabian Lane (Route 1245) 0.16 miles of Filly Court (Route 1246) SUBMITTED BY: / Mary H. Allen Clerk to the Board APPROVED BY: r` Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bah r._ ,Johnson No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x— Referred ( ) McGraw x To ( ) Nickens x Robers x cc: File George Simpson, Assistant Director, Engineering e COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RAY D. PETHTEL RICHMOND, 23219 COMMISSIONER March 27, 1991 Secondary System Additions Roanoke County Board of Supervisors County of Roanoke P.O. Box 29800 Roanoke, VA 24018-0798 MEMBERS OF THE BOARD: a X l As requested in your resolution dated January 8, 1991, the following additions to the Secondary System of Roanoke County are hereby approved, effective March 27, 1991. ADDITIONS EQUESTRIAN HILLS. SECTION ONE Route 1245 (Arabian Lane) - From Route 624 to 0.69 mile Northeast Route 624 Route 1246 (Filly Court) - From Route 1245 to 0.16 mile Northwest Route 1245 Sincerely, &ayD. )Pe C,(lmissioner TRANSPORTATION FOR THE 21 ST CENTURY LENGTH 0.69 Mi 0.16 Mi ACTION NO. A -4991-5.d ITEM NUMBER rte% S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 9, 1991 AGENDA ITEM: Request for approval of a Raffle Permit from the Cave Spring Jaycees, Inc. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Cave Spring Jaycees, Inc. has requested a permit to hold a raffle in Roanoke County on April 13, 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. Johhson 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. seg. of the criminal statutes of the Virginia Code, and by Section 4-86 et. sec. of the Roanoke,County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investiga- tion prior to granting a bingo or raffle permit. The Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with county and state law. Any person violating county or state regulations concerning these permits shall be guilty of a Class 1 misdemeanor. Any person who uses any part of the gross receipts from bingo or raffles for any purpose other than the lawful religious, charitable, community, or educational purposes for which the organization is specifi- cally organized, except for reasonable operating expenses, shall be guilty of a Class 6 felony. THIS APPLICATION IS FOR: (check one) RAFFLE PERMIT ( BINGO GAMES Name of Organization CQVG sfe/l"A!i Ta C Street Address 5_00y CoIo.-i l Ave- %ioreoolec. t./cf Mailing Address F Q. L3ok Y ! 99 - City, State, Zip Code ROcv,al« U4 '2 4015 Purpose and Type of Organization C ,' V i 'L When was the organization founded? 19(0 1 Roanoke County meeting place? 1,,ot-15 Glob Saoy (_0l0✓n,1q-( /0c_ , J2oc iokc, Has organization been in existence in Roanoke County_ for two con- tinuous years? YES)c_ NO Is the organization non-profit? YES NO Indicate Federal Identification Number #'�-72.S1- 2319L Attach copy of IRS Tax Exemption letter. Officers of the Organization: President: C_ p �,'n �� Vice -President CAF1.!i 14Mdersr6 Address: 707 �rc�ol'�.� C, f�, 131ac1 Address: Plglf �foj # i norec , (1c Bio! C( li0000lre.U011 Secretary: % 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. A For+I, 0 k C) -F the faro (crcP5 -1�'rok-, t/1 "5 (fv t Wait Ifo cIt'rcc-hly +G 1-hC COM �%�rsrhi 4 SGyCcvtS� Cc CG wr/0 iGr rvi e v) '� (!� C -�4 I,cl ecf C The e /'� rZc� i'h�e`, +,cf �'l l 5a cl,'rcc t(5 C O f f S j -r s S y -f O: e (/4 -PO.'IC/ our M a h y 3 BINGO: Complete the following: Legal owner(s) of the building where BINGO is to be conducted: Name: Address: County State zip Is the building owned by a 501-C non-profit organization? Seating capacity for each location: Parking spaces for each location: ALL RAFFLE AND BINGO APPLICANTS MUST ANSWER QUESTIONS 1 - 19 1. Gross receipts from all sources related to the operation of Bingo games or Instant Bingo by calendar quarter for prior calen- dar year period. BINGO INSTANT BINGO 1st Quarter 1st Quarter 2nd Quarter 3rd Quarter 2nd Quarter 3rd Quarter 4th Quarter 4th Quarter Total 0 Total O 2. Does your organization understand that it is a violation of law to enter into a contract with any person or firm, associa- tion, organization, partnership, or corporation of any classifica- tion whatsoever, for the purpose of organizing, managing, or con- ducting Bingo Games or Raffles? Yes 3. Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Binqo games and Raffles, and that such records are subject to audit by the Commissioner of the Revenue? Y tS 4. Does your organization understand. that the Commissioner of the Revenue or his designee has the right to go upon the premises on which any organization is conducting a Bingo game or raffle, to perform unannounced audits, and to secure for audit all re- cords required to be maintained for Bingo games or raffles? Vey 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 per- mit has been issued? y cs 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? Y rS 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? -\/c,_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 Code of Virginia? YYes 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 thannual financial report due on or before the first of November? W5 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? Y t,S 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? Yc,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? ycs 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? Yes 5 14. Has your organization attached a complete list of its member- ship to this application form? yr.3 15. Has your organization attached a copy of its bylaws to this application form? Ye -5 16. Has the organization been declared exempt from property taxa- tion under the Virginia Constitution or statutes? Ain 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. C +'y"C 18. Is this organization incorporated in Virginia? Yes If yes, name and address of Registered Agent: Svhn B (vete it l SIneAGhClOr,h 81c�nr 30S -15v .ST RoGhOIce- . V/ -k 140 I 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 registration.) Has the organization been granted an exemption from registration by the Virginia Department of Agriculture and Consumer Affairs? Al p (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 10 pG 30"= +c %0 Leo oa /A SSvrf�cf� v C'w���� � �/S-ov �o�lly H Ct i,r Pro duct 5 1.1 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 26. Does vour organization understand that a Certificate of Occu- pancy must be obtained or be on file which authorizes this use at the proposed location? 27. Does your organization understand that awards or prize money or merchandise valued in excess of the following amounts are illegal? a. No door prize shall exceed twenty-five dollars. b. No regular Bingo or special Bingo game shall exceed One Hund- red dollars. c. No jackpot of any nature whatsoever shall exceed One Thousand Dollars, nor shall the total amount of jackpot prizes awarded in any one calendar day exceed One Thousand Dollars. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS I hereby swear or affirm under the penalties of perjury as set forth in §18.2 of the Code of Virginia, that all of the above statements are true to the best of my knowledge, information, and beliefs. All questions have been answered. Signed by: i2L/ Name itle Subscribed and sworn before me, this My commission expires: 1-3( 199q RETURN THIS COMPLETED APPLICATION TO: Home Addtess day of 19 Notary Public COMMISSIONER OF THE REVENUE P.O. Box 20409 Roanoke, VA 24018-0513 NOT VALID UNLESS COUNTERSIGNED The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this calendar year. zr- Date Commi sioner o he -Reve5Ze The above application is not approved. Date Commissioner of the Revenue 9 a ACTION NO. A -4991-5.e ITEM NUMBER---'— 40 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 9, 1991 AGENDA ITEM: Request for approval of a 50/50 Raffle Permit from the Loyal Order of the Moose Lodge #284 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION• The Loyal Order of the Moose Lodge #284 has requested a permit to hold 50/50 raffles in Roanoke County on the second Tuesday of each month, 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 50/50 Raffle Permit be approved. SUBMITTED BY: Mary H. Allen Clerk to the Board Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) APPROVED BY: Elmer C. Hodge County Administrator ---------------------------------------- ACTION VOTE Motion by: Bob L. Johnson No Yes Abs Eddy x Johnson x McGraw x 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. sig. of the criminal statutes of the Virginia Code, and by Section 4-86 et. sec. of the Roanoke,County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investiga- tion prior to granting a bingo or raffle permit. The Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with county and state law. Any person violating county or state regulations concerning these permits shall be guilty of a Class 1 misdemeanor. Any person who uses any part of the gross receipts from bingo or raffles for any purpose other than the lawful religious, charitable, community, or educational purposes for which the organization is specifi- cally organized, except for reasonable operating expenses, shall be quilty of a Class 6 felony. THIS APPLICATION IS FOR: (check one) RAFFLE PERMIT X (50/50) BINGO GAMES Name of Organization Loyal Order of Moose Lodge x`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 Roanoke County meeting place? Moose Home Has organization been in existence in Roanoke County for two con- tinuous years? YES X NO Is the organization non-profit? YES X NO Indicate Federal Identification Number # 54-0287492 Attach copy of IRS Tax Exemption letter. on file. Officers of the Organization: President: Clarence E. Davidson Vice—President—Rice A. McNutt Address: 1759 Pomeroy Road Address: 30 Birch Drive Salem, VA 24153 Secretary: Paul J. Whittemore Blue Ridge, VA 24064 Treasurer: John E. Wade Address: 1741 Elbert Dr. SW Address: 7104 Woods Crossing Dr. SW Roanoke, VA 24018 Roanoke, VA 24014 Member authorized to be resoonsible for Raffle or Bingo opera- tions: Name Melfred R. Creedle Home Address 1025 Brandon Ave SW Phone 342-6884 Bus. Phone N/A A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBER- SHIP MUST BE FURNISHED WITH THIS APPLICATION. On File. Specific location where Raffle or Bingo Game is to be conducted. 3233 Catawba Valley Drive, Salem, VA 24153 RAFFLES: Date of Drawing 2nd Tues. of Time of Drawing r �j each month BINGO: Days of Week & Hours of Activity: Sunday Monday Tuesday Wednesday Thursday Friday Saturday From To From To From To From To From To From To From To 2 State specifically how the proceeds from the Bingo/Raffle will be used. List in detail the planned or intended use of the proceeds. Use estimates amounts if necessary. To promote welfare and enhance education of our children and youth. To promote civic and educational welfare of our community. 3 BINGO: Complete the following: Legal owner(s) of the building where BINGO is to be conducted: Name: Address: County State Zip Is the building owned by a 501-C non-profit organization? Seating capacity for each location: Parking spaces for each location: ALL RAFFLE AND BINGO APPLICANTS MUST ANSWER QUESTIONS 1 - 19 1. Gross receipts from all sources related to the operation of Bingo games or Instant Bingo by calendar quarter for prior calen- dar year period. BINGO INSTANT BINGO 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Total 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Total 2. Does your organization understand that it is a violation of law to enter into a contract with any person or firm, associa- tion, organization, partnership, or corporation of any classifica- tion whatsoever, for the purpose of organizing, managing, or con- ducting Bingo Games or Raffles? Va. 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 re- cordsYe9quired to be maintained for Bingo games or raffles? 4 5. Does your organization understand that a Financial Report must be filed with the Commissioner of the Revenue on or before the first day of November of each calendar year for which a 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?_,,, 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 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? 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? SPG 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? ves 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? 5 14. Has your organization attached a complete list of its member- ship to this application form? On file. 15. Has your organization attached a copy of its bylaws to this application form? on file. 16. Has the organization been declared exempt from property taxa- tion under the Virginia Constitution or statutes? yes If yes, state whether exemption is for real, personal property, or both and identify exempt property. Real Estate 3233 Catawba Valley Drive 17. State the specific type and purpose of the organization. Fraternal - non-profit - charitable 18. Is this organization incorporated in Virginia? ypG If yes, name and address of Registered Agent; Paul .T_ Whi ttpmorp 1741 Flhprt nrivp cra Rnannka - VA mni R 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 registration.) 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 50/50 6 Fair Market Value 50% of amount collected. ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE NOTARIZATION RAFFLE APPLICANTS, GO TO NOTARIZATION. 20. Does your organization understand that the bingo games shall not be conducted more frequently than two calendar days in any calendar week? 21. Does your organization understand that it is required to keep complete records of the bingo game. These records based on 518.2- 340.6 of the Code of Virginia and §4.98 of Roanoke County Code must include the following: a. A record of the date, quantity, and card value of instant bingo supplies purchased, as well as the name and address of the supplier of such instant bingo supplies, and written invoice or receipt is also required for each purchase of in- stant bingo supplies? b. A record in writing of the dates on which Bingo is played, the number of people in attendance on each date, and the amount of receipts and prizes on each day? (These records must be retained for three years.) c. A record of the name and address of each individual to whom a door prize, regular or special Bingo game prize or jackpot from the playinq 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 26. Does your organization understand that a Certificate of Occu- pancy must be obtained or be on file which authorizes this use at the proposed location? 27. boos your organization understand that awards or prize money or merchandise valued in excess of the following amounts are illegal? a. No door prize shall exceed twenty-five dollars. b. No regular Bingo or special Bingo game shall exceed One Hund- red dollars. c. No jackpot of any nature whatsoever shall exceed One Thousand Dollars, nor shall the total amount of jackpot prizes awarded in any one calendar day exceed One Thousand Dollars. NOTARIZATIONS THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS I hereby swear or affirm under the penalties of perjury as set .forth in 518.2 of the Code of Virginia, that all of the above statements are true to the best of my knowledge, information, and beliefs. All questions have been answered. Signed by: .s- , ' " �--* /?� ���i s son Subscribed and sworn before me, this J, L day of 19� My commission expires: 199 Notary Pub RETURN THIS COMPLETED APPLICATION TO: d COMMISSIONER OF THE REVENUE P.O. Box 20409 Roanoke, VA 24018-0513 NOT VALID UNLESS COUNTERSIGNED The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this calendar -year. Date lCommisioner of the Revenue The above application is not approved. Date Commissioner of the Revenue 9 ACTION NO. A -4991-5.f ITEM NO. -,J--17 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 9, 1991 AGENDA ITEM: Donation of sanitary sewer and drainage easements in connection with Glade Hill Estates Subdivision to the County of Roanoke COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the donation of the following easements to the County of Roanoke for sanitary sewer and drainage purposes in relation to Glade Hill Estates, Section 1, owned by C & D Builders, Inc., in the Vinton Magisterial District: a) Donation of a sanitary sewer easement, fifteen feet (15' ) in width, from S. Wallace Cundiff and Dorothy V. Cundiff, (Deed Book 1322, page 749) (Tax Map No. 50.01-1-16.1) as shown on a plat prepared by T. P. Parker & Son, Engineers & Surveyors, Ltd., dated May 14, 1990, revised March 15, 1991. b) Donation of a drainage easement, fifteen feet (151) in width, from S. Wallace Cundiff and Dorothy V. Cundiff, (Deed Book 1322, page 749) (Tax Map No. 50.01-1-16.1) as shown on a plat prepared by T. P. Parker & Son, Engineers & Surveyors, Ltd., dated May 14, 1990, revised March 15, 1991. The location and dimensions of these easements have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of these properties. Respectfully submitted, -16,kLl-1 ju/. I , - - - . I Vickie- L. 14*ffaan Assistant County Attorney s-� Action Vote No Yes Abs Approved (x) Motion by Roh r.. John.-= Eddy x Denied ( ) Johnson x Received ( ) McGraw x Referred Nickens x to Robers x cc: File Cliff Craig, Director, Utilities George Simpson, Assistant Director, Engineering / b b o- 2 h 4 W O h U W O f 0 ru as /o _ CL m 02 A O O Wo 2� ma' c e N Iii ��2n4 �m01 O o IO � I 1 ' y�? 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N n a �< oho o 9 FF7ouO >. — NrU m I Sj WY FW zU¢C O N W N Na 3 N m £8'ZOI —n, %2 .8 .� E.I.co'os ON xvl 1H 91NAIW H139VZ1�3 40 AIaUO2W I I .7- 7 ❑ m QO SOr, e �So �n Na ddI H O o IO � I N 11 � n O YO 0 I-.0 �< oho N 9 FF7ouO >. — NrU m I Sj WY FW zU¢C O F N u 07 r m Am �b�g' I I /Ne418 A -4991-5.g ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 9, 1991 AGENDA ITEM: Donation of water line easement in connection with Forest Edge Subdivision to the County of Roanoke COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the donation of a water line easement, variable in width, from Fralin & Waldron, Inc., a Virginia corporation, over and across Lot 21, Blk. 1, Sec. 3, Forest Edge Subdivision (Plat Book 12, page 63), in the Windsor Hills Magisterial District of the County of Roanoke, said easement being shown and designated as "NEW WATER LINE EASEMENT" on a plat prepared by Lumsden Associates, P.C., dated 18 October 1990. The location and dimensions of this easement have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of this property. Approved (x) Denied ( ) Received ( ) Referred to cc: File Cliff George Respectfully submitted, Vi kie L. Hu a Assistant Cou ty Attorney Action Motion. ... .. Vote No Yes Abs Eddy x Johnson x McGraw x Nickens x Robers x Craig, Director, Utilities Simpson, Assistant Director, Engineering ftoCK'f, 6�CTION{1 F FV15e D FoREsr EDGE 1°13.10 PG. 29 1 EXIST, 10'APCO ' , ` EA*M6NT 1 41 EX16T.Iry'APCO i1 EASEMENT �1 �Z1q y0 4► UA16T 15' NATE9 LINE EASEMENT �.© gi6.39'Zo„yy,.- 138.00, GOT 4 y�Q GOT 2 i ti EXIST. I h' APGO N 3 EASEMENT / � _ EXISt Z 'WATER (,INE 6A9CMENT I \ W vE 'A rr 4 4°72'10" P 922.47' T 35,19' A 70,35' CA 70.33' PRG, N 35'36'43"E I'lrnuc Irri it R 25.00' T IZ.74' A 72.77' GH, 21.99' RRG. N 63°53'06"E 6ugvk EX19r.30'MiN.gcn 15p11861 _ G ����. g-- Gq GT/G1TY EgSE-I RVE `4 Age; �p35 WATER LINE EASEMENT R LINE TABLE T BEING GRANTED TO A BEARING DIST. BY S 15°39'20" W 2.08' Z N 38°44'24" W 49.82' HILLS MAGISTERIAL DISTRICT S 59°27'38" E 16.34' SCALE: I" c 30DATE: 18 OCTOBER 1990 S 31°44'34" E 3 57' A = 170 S.F. 70.004 AC. 04?1 VE <5p�lw� (,OT 2Z 5 �m o- 0 2 NjJ FogEsr✓)RIVE- — cugvE 'rC d PLAT SHOWING R NEW WATER LINE EASEMENT T BEING GRANTED TO A THE COUNTY`.OF ROANOKE CN. BY 50. FRALIN & WALDRON, INC. BEING PART OF LOT 21, BLOCK 1, SECTION 3, ��gALTX 0�, ' r� FOREST EDGE (P . B . 12, PAGE 6 3 ) WINDSOR p HILLS MAGISTERIAL DISTRICT Gr? K ROANOKE COUNTY, VIRGINIA LIUCENT Y SCALE: I" c 30DATE: 18 OCTOBER 1990 14288 0 LUMSDEN ASSOCIATES, P. C. SuRv ENGINEERS -SURVEYORS -PLANNERS ROANOKE, VIRGINIA (,OT 2Z 5 �m o- 0 2 NjJ FogEsr✓)RIVE- — cugvE 'rC d h4'Z6'0P R 51.00' T 3I.39' A 57.05' CN. 04.63' 50. N6o•16'23"E COMM. $Fgry -4'17 ACTION NO. A -4991-5.h ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 9, 1991 AGENDA ITEM: Donation of easements in connection with Colonnade Corporate Center II from Hobart Companies, Ltd., to the Board of Supervisors of Roanoke County COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the donation of easements over and across property owned by Hobart Companies, Ltd., in connection with Colonnade Corporate Center II on Electric Road (Va. Rte. #419), in the Cave Spring Magisterial District of the County of Roanoke as follows: a) Donation of an additional public sanitary sewer easement, fifteen feet (151) in width, from Hobart Companies, Ltd., a Virginia corporation, (Deed Book 1298, page 574; Tax Map No. 76.16-1-39) in relation to Colonnade Corporate Center II, said easement being shown on an easement plat prepared by Balzer and Associates, Inc., dated February 11, 1991. b) Donation of an additional waterline easement, variable in width, from Hobart Companies, Ltd., a Virginia corpora- tion, (Deed Book 1298, page 574; Tax Map No. 76.16-1-39) in relation to Colonnade Corporate Center II, said easement being parallel to and on the southerly side of the existing 30 foot public sanitary sewer and waterline easement, as shown on an easement plat prepared by Balzer and Associates, Inc., dated February 11, 1991. C) Donation of a water meter and vault easement from Hobart Companies, Ltd., a Virginia corporation, (Deed Book 1298, page 574; Tax Map No. 76.16-1-39) in relation to Colon- nade Corporate Center II, said easement being on the southerly side of the existing 30 foot public sanitary sewer and waterline easement, as shown on an easement plat prepared by Balzer and Associates, Inc., dated February 11, 1991. d) Donation of a fire hydrant easement from Hobart Compa- nies, Ltd., a Virginia corporation, (Deed Book 1298, page 574; Tax Map No. 76.16-1-39) in relation to Colonnade Corporate Center II, said easement being on the southerly side of the existing 30 foot public sanitary sewer and waterline easement, as shown on an easement plat prepared by Balzer and Associates, Inc., dated February 11, 1991. The locations and dimensions of these easements have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of this property. Approved Denied ( ) Received ( ) Referred to Respectfully submitted, Vicki L.Hu ma Assistant Cou ty Attorney Action Motion by Boh T.- johnson Eddy Johnson McGraw Nickens Robers Vote No Yes Abs X X X X cc: File Cliff Craig, Director, Utilities George Simpson, Assistant Director, Engineering X (SEE QP.ILP6 77) / 7 it AO 1� 1OVAL IS' SANITARY _SEWER EASEMENT _ r � y o ti I I H � y I z g VR4 `\ 11\ I I x � 3 vl nco� c 0D+D+ 1 v7 M L•) �D 00 �D H vlID 10 r� L N v) ^" a V H 1 N m E Zd w w W L•][ps] 0In 00 .�-i 000 3In �V II1 N IDM n 1D 00 O N oD Z co Z i0 �D: N O t7OO 111 .H.1 °� H '0 'D a0 Q 0.7- , Z Z Z Z V) H V) V) V) V •Q' lV . txJ H fl z o�oowo. (,� co un w w LLJI /I ovW If � D qQh �jq aF 1 1 1 1 oc� tN� H � �H K. 8 1 � 1 H zz��� 8 08 �s F ^) N +) 1 Z SGAL-: rz6o, H z+ o m Cc a a v) 0 00 tn rn N n t\ M 0 n OD O N 00 O N e -I 0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 9, 1991 RESOLUTION 4991-7 SETTING THE TAX RATE ON REAL ESTATE SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1991 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the levy for the twelve-month period beginning January 1, 1991, and ending December 31, 1991, be, and hereby is, set for a tax rate of 1.13 per one hundred dollars of assessed valuation on all taxable real estate and mobile homes classified by Sections 58.1-3200, 58.1-3201, and 58.1-3506.B of the Code of Virginia (1950), as amended, situate in Roanoke County. On motion of Supervisor Nickens, 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 Diane Hyatt, Director of Finance Reta Busher, Director of Management & Budget Alfred C. Anderson, County Treasurer Paul Mahoney, County Attorney R. Wayne Compton, Commissioner of the Revenue John Willey, Director of Real Estate Assessment AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 9, 1991 RESOLUTION 4991-6 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 McGraw, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Executive Session AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 9, 1991 RESOLUTION 4991-8 SETTING THE TAB LEVY ON ALL CLASSES OF PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1991 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That the levy for the twelve-month period beginning January 1, 1991, and ending December 31, 1991, be, and hereby is, set for a tax rate of $3.50 per one hundred dollars of assessed valuation on all taxable, tangible personal property, excluding all those classes of household goods and personal effects as are defined in Sections 58.1- 3504 and 58.1-3505 of the Code of Virginia, as amended, but including the property separately classified by Sections 58.1-3500, 58.1-3501, 58.1- 3502, 58.1-3506 in the 1950 Code of Virginia, as amended, located in this County on January 1, 1991, and tangible personal property including the property separately classified by Sections 58.1-3500, 58.1-3501, 58.1- 3502, 58.1-3506 in the 1950 Code of Virginia, as amended, of public service corporations based upon the assessed value thereof fixed by the State Corporation Commission and duly certified. 2 That there be, and there hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in Sections 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. 3. That the levy for the twelve-month period beginning January 1, 1991 and ending December 31, 1991, be and hereby is, set for a tax rate of $3.00 per one hundred dollars of assessed valuation on all taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by Sections 58.1-3507 of the Code of Virginia, as amended, and generally designated as machinery and tools. On motion of Supervisor Johnson to set the personal property tax rate at $3.50, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None On motion of Supervisor Robers to set the machinery and tools tax rate at $3.00, 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 Paul Mahoney, County Attorney Diane Hyatt, Director of Finance Reta Busher, Director, Mangement & Budget John Willey, Director of Real Estate Assessments Alfred C. Anderson, Treasurer R. Wayne, Compton, Commissioner of the Revenue