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HomeMy WebLinkAbout8/27/1991 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 1991 RESOLUTION 82791-1 OF APPRECIATION TO H. BERN EWERT FOR CONTRIBUTIONS TO ROANOKE COUNTY AND THE ROANOKE VALLEY WHEREAS, H. Bern Ewert has made significant contributions to the Roanoke Valley, including the beautification of Downtown Roanoke, the renovation of the City Market Building, the creation of the Explore Park, and the Roanoke River Greenway Master Plan; and WHEREAS, Mr. Ewert has received a number of awards for his work as a City Manager and civic leader, including the Innovative Manager of the Year Award from the International City Managers' Association and the Man of the Decade Award from the Roanoke Jaycees; and WHEREAS, Mr. Ewert was an important part of the Roanoke County team during the 1989 All America City presentation, and his contribution was instrumental in helping the County win that Award; and WHEREAS, the people of the Roanoke Valley will remain indebted forever to Mr. Ewert for his foresight and his dedication to the preservation of the scenic beauty of the area. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors, on its own behalf, and on behalf of the citizens of Roanoke County, does hereby extend its deepest appreciation and gratitude to H. BERN EWERT for the contributions he has made to Roanoke County and the Roanoke Valley; and further BE IT RESOLVED, that the Roanoke County Board of Supervisors extends its best wishes for the continued success of Mr. Ewert in all his future endeavors. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: Q.� Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Resolutions of Appreciation File 0 i COUNTY OF ROANOKE, VIRGINIA RESOLUTION 82791-2 BOARD OF SUPERVISORS Date: August 27, 1991 At a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on the 27th day of August, 1991, the following persons were present or absent as shown: PRESENT: Supervisor Eddy, Robers, Johnson, Nickens, McGraw ABSENT: None On substitute motion of Supervisor Nickens, the following Resolution 82791-2 was adopted by a majority of the members of the. Board of Supervisors by a roll call vote, the ayes and nays being recorded as follows: MEMBER Supervisor Eddy Nay Supervisor Robers Aye Supervisor Johnson Aye Supervisor Nickens Aye Supervisor McGraw Aye VOTE AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 1991 RESOLUTION 82791-2 AUTHORIZING THE ISSUANCE AND SALE OF THE COUNTY OF ROANOKE, VIRGINIA $15,000,000 GENERAL OBLIGATION WATER SYSTEM BONDS SERIES 1991 The issuance of the $16,000,000 general obligation bonds of the County of Roanoke, Virginia ("County") was authorized by resolution of the Board of Supervisors ("Board") adopted on July 22, 1986, and approved at an election held in the County on November 4, 1986 ("Election") for the purpose of paying all or a portion of the cost of acquiring, constructing, developing and equipping a public water supply and related facilities, including a dam and reservoir ("Project") of which $1,000,000 in bonds have been issued. The board has determined that it is advisable to issue the remaining authorized bonds in an aggregate principal amount of $15,000,000 ("Bonds"). The Circuit Court of the County entered an order on November 19, 1986, authorizing the Board to carry out the wishes of the voters as expressed at the Election. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell the Bonds in an amount of $15,000,000 pursuant to the Election. The issuance and sale of the Bonds is hereby authorized. The proceeds from the issuance and sale of the Bonds 1 shall be used to pay the costs of the Project. In accordance with Section 15.1-227.2 and 15.1-227.65 of the Code of Virginia of 1950, as amended ("Virginia Code"), the Board elects to issue the Bonds pursuant to the provisions of the Public Finance Act of 1991. 2. Pledae of Full Faith and Credit The full faith and credit of the County are hereby irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds as the.same become due and payable. The Board shall levy an annual ad valorem tax upon all property in the County, subject to local taxation, sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same shall become due for payment unless other funds are lawfully available and appropriated for the- timely hetimely payment thereof. 3. Sale of Bonds. The Board authorizes the sale of the. Bonds in an aggregate principal amount of $15,000,000 to Alex Brown & Sons Incorporated, as underwriter ("Underwriter"). The County Administrator and the Chairman of the Board, or either of them, are. - authorized and directed to execute and deliver a Bond Purchase Agreement with the Underwriter, providing for the sale and delivery of the Bonds upon terms and conditions to be approved by such officers, provided that (i) the true interest of the Bonds shall_ not exceed 9%; (ii) the final maturity of the Bonds shall not: be- later than 30 years from their date; and (iii) the sale price of the Bonds to the Underwriter shall not be less than 97% of=the_ aggregate principal amount thereof. The approval of such officers shall be evidenced conclusively by the execution and delivery -of. 2 the Bond Purchase Agreement. 4. Details of Bonds. The Bonds shall be issued upon the terms established pursuant to this Resolution and the Bond Purchase Agreement or such other terms as may be set forth by subsequent resolution of the Board. The Bonds shall be issued in fully registered form, shall be dated October 1, 1991, shall mature serially in the years and amounts set forth in the Bond Purchase Agreement, shall bear interest payable semi-annually at the rates set forth in the Bond Purchase Agreement, shall be in the denominations of $5,000 each or whole multiples thereof and shall be numbered from R-1 upwards consecutively. The Bonds shall be subject to optional redemption on the terms set forth in the Bond Purchase Agreement. 5. Forms of Bonds. The Bonds shall be in substantially the. form attached to this Resolution as Exhibit A, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution or subsequent resolution of the Board of Supervisors. There may be endorsed on the Bonds such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 6. Appointment of Bond Registrar and Paying Agent The. Treasurer of the County is appointed Bond Registrar and Paying Agent for -the Bonds. The Board may appoint a subsequent registrar and/or one. or more paying agents for the bonds by subsequent resolution and upon 3 giving written notice to the owners of the Bonds specifying the name and location of the principal office of any such registrar or paying agent. 7. Book -Entry -Only Form. The Bonds shall be issued in fully registered form and registered in the name of Cede & Co., a nominee of The Depository Trust Company, New York, New York ("DTC") as registered owner of the Bonds, as immobilized in the custody of DTC. One fully registered Bond in typewritten or printed form for the principal amount of each maturity shall be registered to Cede & Co. Beneficial owners of Bonds shall not receive physical delivery of the Bonds. Principal, premium, if any, and interest payments on the Bonds shall be made to DTC or its nominee as registered owner of the Bonds on the applicable payment date. Transfer of ownership interest in the Bonds shall be made by DTC and its participants ("Participants"), acting as nominees of the beneficial owners of the bonds, in accordance with rules specified by DTC and its Participants. The County shall notify DTC of any notice required to be given pursuant to this Resolution or the Bonds not less than fifteen (15) calendar days prior to the date upon which such notice is required to be given. The County shall also comply with the agreements set forth in the County's letter of representations to DTC. Replacement Bonds (the "Replacement Bonds") shall be issued directly to beneficial owners of Bonds rather than to DTC, or its nominee, but only in the event that: (i) DTC determines not to continue to act as securities 4 depository for the Bonds; or (ii) The County has advised DTC of its determination that DTC is incapable of discharging its duties; or (iii) The County has determined that it is in the best interest of the beneficial owners of the bonds not to continue the book -entry system of transfer. Upon occurrence of the event described in (i) or (ii) above, the County shall attempt to locate another qualified securities depository. If the County fails to locate another qualified securities depository to replace DTC, the County shall execute and deliver Replacement Bonds substantially in the form set forth in Exhibit A attached hereto to the Participants. In the event the Board, in its discretion, makes the determination noted in (ii) or (iii) above and has made provisions to notify the beneficial owners of Bonds by mailing an appropriate notice to DTC, the appropriate officers and agents of the County shall execute and deliver Replacement Bonds substantially in the form set forth in Exhibit A attached hereto to any Participants requesting such Bonds. Principal of, premium, if any, and interest on the Replacement Bonds shall be payable as provided in the Bonds and such Replacement Bonds will be transferable in accordance with the provisions of paragraphs 10 and 11 of this Resolution and the_ Bonds. 8. Execution of Bonds The Chairman of the Board and the- Clerk heClerk of the Board are hereby authorized and directed to execute. appropriate negotiable Bonds in the aggregate principal amount of 5 $15,000,000, and to affix the seal of the County thereto. The manner of execution and affixation of the seal may be by facsimile, provided, however, that if the signatures of the Chairman and Clerk are both by facsimile, the Bonds shall not be valid until signed at the foot thereof by the manual signature of the Bond Registrar. 9. CUSIP Numbers The Bonds shall have CUSIP identification numbers printed thereon. No such number shall constitute a part of the contract evidenced by the Bond on which it is imprinted and no liability shall attach to the County, or any of its officers or agents by reason of such numbers or any use made of such numbers, including any use by the County and any officer or agent of the County, by reason of any inaccuracy, error or omission with respect to such numbers. 10. Registration Transfer and Exchange Upon surrender for transfer or exchange of any Bond at the principal corporate trust Office of the Bond Registrar, the County shall execute and deliver and the Bond Registrar shall authenticate in the name of the transferee or transferees a new Bond or Bonds of any authorized denomination in an aggregate principal amount equal to the Bond surrendered and of the same form and maturity and bearing interest at the same rate as the Bond surrendered, subject in each case to such reasonable regulations as the County and the Bond Registrar- may egistrarmay prescribe. All Bonds presented for transfer or exchange shall. be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the County and the Bond Registrar, duly executed W by the registered owner or by his or her duly authorized attorney- in-fact or legal representative. No Bond may be registered to bearer. New Bonds delivered upon any transfer or exchange shall be valid obligations of the County, evidencing the same debt as the Bonds surrendered, shall be secured by this Resolution and entitled to all of the security and benefits hereof to the same extent as the Bonds surrendered. 11. Charges for Exchange or Transfer. No charge shall be made for any exchange or transfer of Bonds, but the County may require payment by the registered owner of any bond of a sum sufficient to cover any tax or other governmental charge which may be imposed with respect to the transfer or exchange of such Bond. 12. Non -Arbitrage Certificate and Tax Covenants. The appropriate officers and agents of the County are authorized and directed to execute a Non -Arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code. Of 1986, as amended ("Code"), including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The Board covenants on behalf of the County that the_ proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in the County's Non -Arbitrage Certificate and Tax Covenants, to be delivered simultaneously with the issuance and delivery of the Bonds and that the County shall comply with the. 7 other covenants and representations contained therein. 13. Disclosure Documents. The County Administrator, and such officers and agents of the County as he may designate, are hereby authorized and directed to prepare, execute and deliver, as appropriate, a preliminary official statement, an official statement, and such other disclosure documents as may be necessary to expedite the sale of the Bonds. The preliminary official statement, the official statement or other disclosure documents shall be published in such publications and distributed in such manner and at such time as the County Administrator, or such officers or agents of the County as he may designate, shall determine. 14. Further Actions The County Administrator, and such officers and agents of the County as he may designate, are authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Bonds and all actions taken by such officers and agents in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. 15. Filing of Resolution The appropriate officers or agents of the County are authorized and directed to file a certified copy of this Resolution with the Circuit Court of the County of Roanoke, Virginia pursuant to Sections 15.1-227.9 and 15.1-227.42 of the Virginia Code. 16. Effective Date. This Resolution shall take effect immediately. On substitute motion of Supervisor Nickens to adopt the 8 resolution, and carried by the following recorded vote: AYES: Supervisors Robers, Johnson, Nickens, McGraw NAYS: Supervisor Eddy A COPY TESTE: mea- , Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Bond Counsel Circuit Court Judge Alfred C. Anderson, County Treasurer Diane D. Hyatt, Director, Finance Paul Mahoney, County Attorney Cliff Craig, Director, Utility The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, certifies that the foregoing constitutes a true, complete and correct copy of Resolution 82791- 2 adopted at a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on August 27, 1991. Dated: August 27, 1991 [SEAL] Mary H. A len, Clerk, Board of S County of Roanoke, Virginia E 9 MEETING DATE: AGENDA ITEM: ACTION # A-82791-3 ITEM NUMBER August 27, 1991 Request for an Additional Appropriation to the School Operating Fund for Vocational Education COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND For several years the Roanoke County School System has been receiving federal entitlements through the Carl D. Perkins Vocational Education Act. These funds have assisted with costs associated with the vocational and special education assessment centers (personnel and equipment) at the Roanoke County Career Center (RCCC) and the Roanoke County Occupational School (RCOS). SUMMARY OF INFORMATION: For 1991-92 the school division anticipated an entitlement of $54,000, and this amount was budgeted. On July 3, 1991 notification was received that the entitlement for 1991-92 would be $115,711 --an increase of $61,711. This increase will be used for additional personnel and equipment for programs serving the handicapped and disadvantaged students taking vocational education courses at Arnold R. Burton Technology Center (ARBTC) and RCCC. Primary activities involved will be the integration of the academics and vocational education and transition of special education students mainstreamed from RCOS to ARBTC and RCCC. FISCAL IMPACT: None. No county matching funds xevenue woula ne recorded to reflect $115,711 Operating Fund. Related expenditures would also be are required. in the School recorded. STAFF RECOMMENDATION: Staff recommends an additional appy priation of $61,711 to the School Operati g Fund. q rd1 e?4� 4�% arland J. dd, Director Elmer C. Hodg Vocational & Adult Education County Administrator -2 - ACTION VOTE No Yes Abs Approved ( X) Motion by: Harry C. Nickens Eddy X Denied ( ) to approve _ Johnson X Received( ) _ McGraw X Referred ( ) Nickens X To Robers X cc: File Dr. Bayes Wilson, Superintendent, Roanoke County Schools Diane Hyatt, Director, Finance FROM THE MINUTES OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY MEETING IN REGULAR SESSION AT 7 P.M. ON AUGUST 8, 1991 IN THE BOARD ROOM OF THE SCHOOL ADMINISTRATION BUILDING, SALEM, VIRGINIA. RESOLUTION REQUESTING AN ADDITIONAL APPROPRIATION TO THE SCHOOL OPERATING FUND FOR VOCATIONAL EDUCATION. WHEREAS, the R-anoke County School System is a recipient of an entitlement through the Carl D. Perkins Vocational Education Act, and WHEREAS, notification was received on July 3, 1991 that the entitlement to Roanoke County for 1991-92 will be increased to $115,711, which is $61,711 more than budgeted, and WHEREAS, the increased funds will be used for additional personnel and equipment for programs serving disadvantaged and handicapped students in the area of vocational education at Arnold R. Burton Technology Center and the Roanoke County Career Center; THEREFORE, BE IT RESOLVED that the County School Board of Roanoke County on motion of Paul G. Black and duly seconded requests an additional appropriation of $61,711 to the school operating fund for vocational education. Adopted on the following recorded vote: AYES: Paul G. Black, Maurice L. Mitchell, Charlsie S. Pafford, Barbara B. Chewning, Frank E. Thomas NAYS: None TESTE: -�-�Clerk c: Mrs. Diane Hyatt AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 1991 RESOLUTION 82791-4 REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION EXPEDITE IMPROVEMENTS TO ALTERNATE ROUTE 220 WHEREAS, since November 1990, four people have died in traffic accidents on Alternate Route 220 and plans to four -lane the road are not scheduled until 1993, and WHEREAS, immediate improvements to this road have been delayed until final plans for a bypass east of Roanoke that would connect Interstate 81 and U. S. 220 South, and WHEREAS, State Transportation Board member Steve Musselwhite has requested that the Virginia Department of Transportation expedite improvements to the road. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia supports Mr. Musselwhite's request, and asks that improvements to Alternate Route 220 be expedited to alleviate a dangerous situation, and FURTHER, the Board of Supervisors requests that the speed limit on Alternate Route 220 remain at 45 miles per hour until such improvements have been accomplished. On motion of Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors CC: File Steve Musselwhite, Transportation Board B. W. Sumpter, Virginia Department of Transportation F. C. Altizer, Jr. Resident Engineer, VDOT R AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 1991 ORDINANCE 82791-5 AMENDING THE ROANOKE COUNTY CODE BY AMENDING SECTION 1-10, CLASSIFICATION OF AND PENALTIES FOR VIOLATIONS; CONTINUING VIOLATIONS OF CHAPTER 1, GENERAL PROVISIONS BY INCREASING MISDEMEANOR PUNISHMENT WHEREAS, the 1990 session of the Virginia General Assembly amended Section 18.2-11, Punishment for conviction of misdemeanor, of the Code of Virginia by increasing the authorized punishments for conviction of a misdemeanor; and WHEREAS, the 1991 session of the Virginia General Assembly amended Section 15.1-505, Penalties for violation of ordinances, of the Code of Virginia by allowing the governing body of any county to prescribe fines and other punishment for violations of ordinances up to the amount provided for by State law; and WHEREAS, the first reading of this ordinance was held on August 13, 1991; and the second reading and public hearing was held on August 27, 1991. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 1-10, Classification of and penalties for violations; continuing violations of Chapter 1, General Provisions of the Roanoke County Code be amended to read and provide as follows: Sec. 1-10. Classification of and penalties for violations; continuing violations. 1 (a) Whenever in this Code or any other ordinance of the county or any rule or regulation promulgated by any officer or agency of the county, under authority duly vested in such officer or agency, it is provided that a violation of any provision thereof shall constitute a Class 1, 2, 3, or 4 misdemeanor, such violation shall be punished as follows: (1) Class I misdemeanor: By a fine of not more than ene thetisand eleiiars ($59a. or XX by confinement in jail for not more than six (6) months, or by both such fine and confinement. (3 ) Class 3 misdemeanor: By a fine of not more than five hundred dollars ($500.00). (4 ) Class 4 misdemeanor: By a fine of not more than ene hundred 2. That this ordinance shall be in full force and effect from and after its passage. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None 2 A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Circuit Court G. O. Clemens, Judge Kenneth E. Trabue, Judge Elizabeth W. Stokes, Clerk Family Court Services Joseph M. Clark, II, Chief Judge Peggy H. Gray, Clerk Intake Counsellor General District Court John L. Apostolou, Judge George W. Harris, Jr., Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library John H. Cease, Police Chief Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book Michael F. Kavanaugh, Sheriff John M. Chambliss, Jr., Assistant County Administrator Diane D. Hyatt, Director, Finance O. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Michael Lazzuri, Court Services Alfred A. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 1991 ORDINANCE 82791-6 FOR AUTHORIZATION TO ACQUIRE A NEW WATER, SANITARY SEWER AND DRAINAGE EASEMENT FROM HUGH H. AND MARGARET H. WELLS WHEREAS, citizens in the Penn Forest area adjacent to Cave Spring High School have experienced low water pressure problems, requiring improvement through an alternate system; and, WHEREAS, in order to complete construction of a new feed line, a water line easement is required across property owned by Hugh H. and Margaret H. Wells; and, WHEREAS, staff is negotiating anagreement with the property owners for the acquisition of said easement and the payment of consideration is requested; and, WHEREAS, the proposed water line easement lies adjacent to existing sanitary sewer and drainage easements, and the property owners have requested that a new underground water, sanitary sewer, and drainage easement be acquired by Roanoke County, to encompass and supersede all easements for water, sanitary sewer, or drainage purposes previously granted to the County across the subject property by the property owners or their predecessors in title; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on August 13, 1991, and the second reading was held on August 27, 1991. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the acquisition and acceptance of a certain new underground water, sanitary sewer, and drainage easement of variable width from Hugh H. and Margaret H. Wells for a sum, not to exceed $500.00, is hereby authorized and approved; and 2. That said easement shall encompass and supersede all easements for water, sanitary sewer, or drainage purposes previously granted to the County across the subject property by the property owners or their predecessors in title; and, 2. That the consideration of $500.00 shall be paid from the funds previously appropriated by the Board of Supervisors to the Utility Department budget for utility 'improvements; and, 3. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this acquisition, all of which shall be on form approved by the County Attorney. On motion of Supervisor Robers to adopt the ordinance, 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 Cliff Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections Diane Hyatt, Director, Finance 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, AUGUST 27, 1991 ORDINANCE 82791-7 AUTHORIZING THE COUNTY ADMINISTRATOR TO GRANT THE RIGHT TO JOINT USE OF COUNTY NATER AND SEWER EASEMENT AREAS BY A PUBLIC UTILITY COMPANY WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, authorization to grant any right in property, including the right to use an easement, shall be by ordinance adopted by the Board of Supervisors; and, WHEREAS, first and second readings are required to pass all ordinances; and, WHEREAS, a more orderly and expeditious procedure is desired for reviewing, approving, and authorizing the County Administrator to grant the right to joint use of County water and sewer easement areas by a public utility company, in situations where the grant is routine and noncontroversial, and would not involve payment of consideration or significantly diminish the County's property interest; and, WHEREAS, a first reading of this ordinance was held on August 13, 1991; and a second reading was held on August 27, 1991. THEREFORE, 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 rights in the subject easement areas are hereby declared to be surplus and the form of the real estate interest renders it unacceptable and unavailable for other public uses; and, 2. That the County Administrator is hereby authorized to grant the right to joint use of Roanoke County water and sewer easement areas by a public utility company, upon review and recommendation by the Director of the Roanoke County Department of Utilities, and upon concurrence of the Board of Supervisors by resolution; and, 3. That said joint use is conditioned upon, and subject to, the agreement of the public utility company to indemnify Roanoke County and hold it harmless from any loss or damage to its lines or other improvements caused by the public utility company or created by its joint use of the easement area, and that use, acceptance, and/or recordation of the joint easement shall constitute agreement by the public utility company to this condition; and, 4. That the County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as may be necessary to accomplish the grant, all of which shall be on form approved by the County Attorney. The County Administrator may delegate this authority as he deems appropriate. 5. The effective date of this ordinance shall be August 27, 1991. On motion of Supervisor Nickens to adopt the 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 Cliff Craig, Dirctor, Utility Arnold Covey, Director, Engineering & Inspections 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, AUGUST 27, 1991 RESOLUTION 82791-8 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 August 27, 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. Confirmation of appointment to the Clean Valley Council and the Industrial Development Authority. 2. Approval of a 50/50 Raffle Permit for the Northside Athletic Booster Club. 3. Resolution of Appreciation upon the Retirement of Gloria Z. Divers 4. Approval of Raffle Permit and one -day Bingo Game for Penn Forest Elementary School PTA. 5. Donation of sanitary sewer and drainage easements in connection with Mountain View Estates Subdivision. 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, McGraw, Johnson, Nickens, Robers NAYS: None A COPY TESTE: y99V. 62ZZ --; / Mary H. Allen, Clerk Roanoke County Board of Supervisors CC: File Clifford Craig, Utility Director Arnold Covey, Engineering & Inspections Director A -82791-8.a ACTION NO. ITEM NUMBER _ r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 27, 1991 AGENDA ITEM: Confirmation of Committee appointment to the Clean Valley Council and Industrial Development Authority COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nominations were made at the August 13, 1991 meeting. Clean Valley Council: Supervisor Nickens nominated Vince Reynolds to serve another two- year term which will expire June 30, 1993. Industrial Development Authority Supervisor Robers nominated Charles R. Saul to another four-year term which will expire September 26, 1995. RECOMMENDATION• It is recommended that these appointments be confirmed by the Board of Supervisors. Respectfully submitted, Approved by, Mary H. Allen Elmer C. Hodge Clerk to the Board County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bob L. Johnson No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred ( ) McGraw x To ( ) Nickens x R _ cc: File obers x Clean Valley Council File Industhrial Development Authority File h ACTION NO. A -82791-8.b ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 27, 1991 AGENDA ITEM: Request for approval of a 50/50 Raffle Permit from the Northside Athletic Booster Club COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION• The Northside Athletic Booster Club has requested a permit to hold 50/50 raffles in Roanoke County on the following dates: September 6, 1991 September 27, 1991 October 11, 1991 October 18, 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 of the Northside Athletic Booster Club for a Raffle Permit be approved. SUBMITTED BY: APPROVED BY: Mar— y H.' Allen Elmer C. Hodge Clerk to the Board County Administrator --------------------------------------------------- ACTION VOTE Approved (x) Motion by: Rnh T. Tnhngnn 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. 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_X (50/50) BINGO GAMES Name of Organization i ORTHSID],� ATHLETIC BOOSTER CLUB Street Address 6758 Northside High School Road Mailing Address 6758 Northside high School Road City, State, Zip Code Purpose and Type of Organization To promote and support all phases of Athletics at Northside High and Northside Junior Nigh as approved When was the organization founded? 1 Roanoke County meeting place? '-ORTHSID E HIGH SCHOOL 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 # on file Attach copy of IRS Tax Exemption letter. Officers of the Organization: President: Linda :nick vice -President SEE ATTACHED Address: 3312 Jebster Drive Address: : oanoke, Va. �_;019 Secretary: Treasurer: Address: Address: Member authorized to be responsible for Raffle or Bingo opera- tions: Name Sherrq Penney Home Address 6618 Mendewood Drives Phone 366-9341 Bus. Phone A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBER- SHIP MUST BE FURNISHED WITH THIS APPLICATION. Specific location where Raffle or Bingo Game is to be conducted. Northside High School RAFFLES: Date of Drawing9/699/27,10/11Time of DrawingApproa. 10:00 P.M. 10/id`- BINGO: Days of Week & Hours of Activity: Sunday _Monday Tuesday Wednesday Thursday X Friday Saturday From To From To From To From To From To FromZ.00P-M30 10:00P.M. 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. The proceeds from the 50/50 raffle will be used to promote and support the Athletic Programs of Northside High School and Northside junior =sigh School. the Ways and 11eans Committee of the 3ooster Club needs to raise funds of $29900.00 to meet the 1991-1992 budget of $ 149800.00 (see attached budget). These funds will be used solely for the young people 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? 7PS 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? vF.c 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? X 7S 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? YES 7. Does your organization understand that the failure to file financial reports when due shall cause automatic revocation of the permit, and no such organization shall conduct any Bingo game or raffle thereafter until such report is properly filed and a new permit is obtained? YES 8. Does your organization understand that each Financial Report must be accompanied by a Certificate, verified under oath by the Board of Directors, that the proceeds of any Bingo game or raffle have been used for these lawful, religious, charitable, 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 Countv 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? `,EES 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 §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? YS 15. Has your organization attached a copy of its bylaws to this application form? y7s 16. Has the organization been declared exempt from property taxa- tion under the Virginia Constitution or statutes? N/A 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. Rooster Club -To Promote and support all phases of Athletics at ilorthside_ High Schc^l @nd I1or hsi de junior High School as ^nnroved by the m .mb .rshin_of the n1uh_ 18. Is this organization incorporated in Virginia? NO If yes, name and address of Registered Agent: 19. Is the organization registered with the Virginia Department of Agriculture and Consumer Affairs pursuant to the Charitable Solicitations Act, Section 57-48 of the Virginia Code? NO (If so, attach copy of registration.) Has the organization been granted an exemption from registration by the Virginia Department of Agriculture and Consumer Affairs? 110 (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 50/50 A To Be Determined ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE NOTARIZATION RAFFLE APPLICANTS, GO TO NOTARIZATION. 20. Does your organization understand that the bingo games shall not be conducted more frequently than two calendar days in any calendar week? 21. Does your organization understand that it is required to keep complete records of the bingo game. These records based on 518.2- 340.6 of the Code of Virginia and §4.98 of Roanoke County Code must include the following: a. A record of the date, quantity, and card value of instant bingo supplies purchased, as well as the name and address of the supplier of such instant bingo supplies, and written invoice or receipt is also required for each purchase of in- stant bingo supplies? b. A record in writing of the dates on which Bingo is played, the number of people in attendance on each date, and the amount of receipts and prizes on each day? (These records must be retained for three years.) c. A record of the name and address of each individual to whom a door prize, regular or special Bingo game prize or jackpot from the playing of Bingo is awarded? d. A complete and itemized record of all receipts and disburse- ments which support, and that agree with, the quarterly and annual reports required to be filed, and that these records must be maintained in reasonable order to permit audit? 22. Does your organization understand that instant Bingo may only be conducted at such time as regular Bingo game is in progress, and only at such locations and at such times as are specified in this application? 23. Does your organization understand that the gross receipts in the course of a reporting year from the playing of instant Bingo may not exceed 33 1/3% of the gross receipts of an organization's Bingo operation? 24. Does your organization understand it may not sell an instant Bingo card to an individual below sixteen years of age? 25. Does your organization understand that an organization whose gross receipts from all bingo operations that exceed or are ex- pected to exceed $75,000 in any calendar year shall have been granted tax-exempt status pursuant to Section 501 C of the United States Internal Revenue Service? (Certificate must be attached.) 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. 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 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: �4 n'/' 9/ Name Title Home Address Subscribed and sworn before me, this Lday of P"t 19� % My commission expires: 19 L � Nottary Public RETURN THIS COMPLETED APPLICATION TO: COMMISSIONER OF THE REVENUE P.O. Box 20409 Roanoke, VA 24018-0513 8 NOT VALID UNLESS COUNTERSIGNED The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this -calendar year. 1�► 1 7 Date Commissioner of the Revenue The above application is not approved. Date Commissioner of the Revenue 9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 1991 RESOLUTION 82791-8.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO GLORIA Z. DIVERS FOR EIGHTEEN YEARS AND ELEVEN MONTHS OF SERVICES TO ROANOKE COUNTY WHEREAS, Gloria Z. Divers was first employed in July, 1973, as a Clerk Typist I in the Finance Department; and WHEREAS, Gloria Z. Divers has also served as Clerk Typist I for Real Estate Assessment, Clerk Typist II for Development Review and a Permits Clerk for Engineering and Inspections; and WHEREAS, Gloria Z. Divers, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses it deepest appreciation and the appreciation of the citizens of Roanoke County to GLORIA Z. DIVERS for eighteen years and eleven months of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: Mary H. Xllen, Clerk cc: File Roanoke County Board of Supervisors Resolutions of Appreciation File D. Keith Cook, Director, Human Resources r V ACTION NO. A -82791-8.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: August 27, 1991 AGENDA ITEM: Request for approval of a Raffle Permit and one - day Bingo Game from the Penn Forest Elementary School PTA COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Penn Forest Elementary School PTA has requested to hold a raffle and one-time only Bingo Game in Roanoke County on October 12, 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 of the Penn Forest Elementary School PTA for a Raffle Permit and one-time only Bingo Game 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. sem. of the criminal statutes of the Virginia Code, and by Section 4-96 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 %( `?n e Jay on Name of Organization Penn Fcre_s-� _27A Street Address (�%3A i'��rrim�tn il Mailing Address JQM City, State, Zip Code Purpose and Type of Organization E l ewnn ai-V Se_hco ( When was the organization founded? 19 7 ,,:�_ 1 n I Roanoke County meeting place?o0 Has organization ''een in existence in Roanoke County_ for two con- tinuous years? YES X NO Is the organization non-profit? YES— NO Indicate Federal Identification Number # c Attach copy of IRS Tax Exemption letter. Officers of the Organization: President: �Y-)a-cn t�' Gt5kkar Vice -President I c16krjP 130,jl,pk/ Address: l- 3 Tc��K �=� )4(2(loc,-� / �A_5*Address : 7 C Boo 1 ( V\Ic Lane S.W. Secretary: r) (A 'a ( Treasurer: (A elk Address:`���?a 1�,'�c, SC ScJ Address: &;O0�t�crt P rc-5� t navel« 1-44 J�oanoke_, VA .Wq019 Member authorized to be responsible for Raffle or Bingo opera- tions: Home Address5ZOC:ro�;SJDO,J Phone I ?- C;;27S Bus. Phone 3q5 _ G 9 9 !_ A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBER- SHIP MUST BE FURNISHED WITH THIS APPLICATION. C;,-, ' neeG(e� . Specific location where Raffle or Bingo Game is to be conducted. ;)<2"n For�S �' �� (e�����tar�r �Ghoo or, RAFFLES: Date of Drawing J011-:2,1 qTime of Drawing :00 w1. 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 /0 6m To 3 pm 2 State specifically how the oroceeds from the Bingo/Raffle will be used. List in detail the planned or intended use of the proceeds. Use estimates amounts if necessary. . 0 PTA -t6 d 6;2 b j - 0,QC -AdCluxG�2�w 3 r BINGO: Complete the following: Legal owner(s) of the building where BINGO is to be conducted: Name: r r�s�- f= f�r��ett�Q��=��',�'►oo( Address: County , vo oke State \,' Z ip'2q y) Is the building owned by a 501-C non-profit organization? Seating capacity for each location: /00 Parking spaces for each location: /Or ALL RAFFLE AND BINGO APPLICANTS MUST ANSWER QUESTIONS 1 - 19 1. Gross receipts from all sburces 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? 3. Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Bingo games and Raffles, and that such records are subject to audit by the Commissioner of the Revenue? 4. Does your organization understand that the Commissioner of the Revenue or his designee has the right to go upon the premises on which any organization is conducting a Bingo game or raffle, to perform unannounced audits, and to secure for audit all re- cords required to be maintained for Bingo games or raffles? 4 5. Does your organization understand that a Financial Report must be filed with the Commissioner of the Revenue on or before the first day of November of each calendar year for which a per- mit has been issued? \/&,; 6. Does your organization understand that if gross receipts ex- ceed fifty thousand dollars during any calendar quarter, an addi- tional Financial Report must be filed for such quarter no later than sixty days following the last day of such quarter? 7. Does your organization understand that the failure to file financial reports when due shall cause automatic revocation of the permit, and no such organization shall conduct any Bingo game or raffle thereafter until such report is properly filed and a new permit is obtained? y e .�; 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?\ e 5 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? V P_ S 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? e 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? U e 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? \/P� 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 anv 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? V S 5 14. Has your organization attached a complete list of its member- ship to this application form? ,gyp 15. Has your organization attached a copy of its bylaws to this application form? ,Za c f1 4J e_ 16. Has the organization been declared exempt from property taxa- tion under the Virginia Constitution or statutes? u e- If yes, state whether exemption is for real, personal property, or both and identify exempt property. f`o.x�nkP 17. State the specific type and purpose of the organization. TH ;S urchctsP 5choot ;QtlrQfine✓14- v►o+ huc{cge_t-c-cel i er. 0 f +h e Q. h, 18. Is this organization incorporated in Virginia?�WyNoke olouvx+y If yes, name and address of Registered Agent: p u bl,e 'SQ-koo1 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? rho (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 �G Savings Bond' -�>omf ni orl i3aok mi MWOO Q;Y\-rhea+er T(ckms Sea�0Q1 _Bu 4�t_r Shera-on 4 r f rrf _'trnn Ceri-i �i eat+'e� 3; (l 5 1Z I, f" 6,(* `- Cer}i-A'caie, f 6r -'-r\; ML15 Ni nfeodo Sef Fair Market Value as .T-fems ra-4leA- 1r, ?asf, Simi lar; Iy value -co 4o be ra-R(ed- �` s year, 11 6 ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE NOTARIZATION RAFFLE APPLICANTS, GO TO NOTARIZATION. 20. Does your organization understand that the bingo games shall not be conducted more frequently than two calendar days in any calendar week? t 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?1e ; (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? U P S 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?�Ie c,_ 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? ye -:� 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? ye S � 24. Does your organization understand it may not sell an instant Bingo card to an individual below sixteen years of age? ve s 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? �1(f- 27. Does your organization understand that awards or prize money or merchandise valued in excess of the following amounts are illegal? 4 e-� 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- bri ,, 7 �1 Name Title Subscribed and sworn before me, this My commission expires: Home Address day of 19 19 Notary Public RETURN THIS COMPLETED APPLICATION TO: COMMISSIONER OF THE REVENUE P.O. Box 20409 Roanoke, VA 24018-0513 E1 r: 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. D,dto Commis inner of th Revenue The above application is not approved. Date 9 Commissioner of the Revenue JG2a,tk 0,�X- �. UOC �7Cfo Z{. �GE11,ct� �CI.NW- �i�U.Uv�ur,+ti � ACTION NO. A -82791-8.e ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 27, 1991 AGENDA ITEM: Donation of sanitary sewer and drainage easements in connection with Mountain View 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 Mountain View Estates Subdivision, owned by C & M Associates, a Virginia general partnership, in the Vinton Magisterial District: a) Donation of a sanitary sewer easement, twenty feet (201) in width, from W. E. Cundiff Co., Inc., a Virginia corporation, (Deed Book 1307, page 245) (Tax Map No. 61.10-1-28) as shown on the plat entitled "Easement Plat for Greystoke Partnership", prepared by T. P. Parker & Son, dated May 16, 1991. b) Donation of a drainage easement, fifteen feet (151) in width, and a sanitary sewer easement, twenty feet (201) in width, from Greystoke Partnership, a Virginia general partnership, (Deed Book 1280, page 573) (Tax Map No. 61.01-1-1) as shown on the plat, and Detail "A" thereof, entitled "Easement Plat for Greystoke Partnership", prepared by T. P. Parker & Son, dated May 16, 1991. The location and dimensions of these properties have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of these properties. Respectfully submitted, . A jib I j A .4.0 ) Vi kie L. Hdtfl-lin Assistant County Attorney k -S Action Vote No Yes Abs Approved (x) Motion by Bob L. Johnson_Eddy x Denied ( )Johnson x Received ( ) McGraw x Referred Nickens x to Robers x cc: File Arnold Covey, Director, Engineering & Inspections Cliff Craig, Director, Utility x AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 1991 RESOLUTION 82791-9 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Nickens to adopt resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: mom. . OZ44.,OL 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, AUGUST 27, 1991 ORDINANCE 82791-10 AMENDING THE ROANOKE COUNTY CODE BY AMENDING SECTION 21-73, GENERAL PREREQUISITES TO GRANT OF DIVISION 3. EXEMPTION FOR ELDERLY AND DISABLED PERSONS OF CHAPTER 21, TAXATION TO INCREASE THE TOTAL COMBINED INCOME PROVISION FOR REAL ESTATE TAX EXEMPTION FOR THE ELDERLY AND HANDICAPPED WHEREAS, Section 21-73 of the Roanoke County Code establishes a restriction upon the total combined income for the exemption from or deferral of real estate taxes for certain elderly or permanently and totally disabled persons; and WHEREAS, Ordinance No. 84-232 adopted on December 18, 1984, increased this financial restriction from $15,000 to $18,000 and Ordinance 22388-9 adopted on February 23, 1988, increased this financial restriction from $18,000 to $22,000; and WHEREAS, the 1990 General Assembly for the Commonwealth of Virginia amended Section 58.1-3211 of the 1950 Code of Virginia by increasing this financial restriction to $30,000; and WHEREAS, the first reading on this ordinance was held on August 13, 1991; and the second reading and public hearing was held on August 27, 1991. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 21-73, General prerequisites to grant of Division 3. Exemption for elderly and disabled persons of Chapter 21, Taxation be amended to read and provide as follows; 1 Sec. 21-73. General prerequisites to grant. Exemptions provided for in this division shall be granted only if the following conditions are met: (1) That the total combined income, during the immediately preceding calendar year, from all sources, of the owner of the dwelling and his relatives living therein did not shall not be included in such total. 2. That this ordinance shall be in full force and effect with the 1992 tax year. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Robers, Johnson, Nickens, McGraw NAYS: Supervisor Eddy A COPY TESTE: Mary H.%llen, Clerk Roanoke County Board of Supervisors cc: File Circuit Court Elizabeth W. Stokes, Clerk E Family Court Services Joseph M. Clark, II, Chief Judge Peggy H. Gray, Clerk Intake Counsellor General District Court John L. Apostolou, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library John H. Cease, Police Chief Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book Michael F. Kavanaugh, Sheriff John M. Chambliss, Jr., Assistant County Administrator Diane D. Hyatt, Director, Finance O. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue John D. Willey, Director, Real Estates Assessment 3 COUNTY OF ROANOKE, VIRGINIA RESOLUTION 82791-11 BOARD OF SUPERVISORS Date: August 27, 1991 At a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on the 27th day of August, 1991, the. following persons were present or absent as shown: PRESENT• Supervisors Eddy, Robers, Johnson, Nickens, McGraw ABSENT• None On motion of Supervisor Johnson, the following Resolution 82791- 11 was adopted by a majority of the members of the Board of Supervisors by a roll call vote, the ayes and nays being recorded as follows: MEMBER VOTE Supervisor Eddy Nay Supervisor Robers Aye Supervisor Johnson Aye Supervisor Nickens Aye Supervisor McGraw Aye 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 1991 RESOLUTION 82791-11 AUTHORIZING THE ISSUANCE AND SALE OF THE COUNTY OF ROANOKE, VIRGINIA $65400400 WATER SYSTEM REVENUE BONDS, SERIES 1991 The Board of Supervisors ("Board") of the County of Roanoke, Virginia ("County") has determined that it is necessary for the County to acquire, construct, develop and equip a public water supply and related facilities, including a dam and resevoir, water treatment facilities and distribution, storage and transmission facilities ("Project"), and it is necessary and expedient to borrow an estimated maximum amount of $65,000,000 and to issue revenue bonds ("Bonds") to provide funds to pay the costs of such facilities. The Board has held a public hearing on the issuance of the. Bonds in accordance with the requirements of Section 15.1-227.8 of the Code of Virginia of 1950, as amended ("Virginia Code"). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds The Board hereby determines that it is advisable to contract a debt and to issue and sell the Bonds in an amount not to exceed $65,000,000. The issuance and sale of the Bonds is hereby authorized. The proceeds from the issuance and sale of the Bonds shall be used to pay the costs of the Project. In accordance with Section 15.1- 227.2 of the Virginia Code, the Board elects to issue the Bonds 1 pursuant to the provisions of the Public Finance Act of 1991. 2. Financing' Documents The County Administrator, the Director of Finance, and such officers and agents of the County as either of them may designate are authorized and directed to prepare such financing documents as they may deem necessary, including an indenture of trust between the County and a trustee to be selected by the County Administrator ("Indenture"). 3. Pledge of Revenues The Bonds shall be limited obligations of the County and principal of, premium, if any, and interest on the Bonds shall be payable as provided in the Bonds and the Indenture solely from the revenues derived by the County from its water system, as set forth in the Indenture and from other funds that have been or may be pledged for such purpose under the terms and conditions of the Indenture. Nothing in this Resolution, the Bonds or the Indenture shall be deemed to pledge the full faith and credit of the County to the payment of the Bonds. 4. Details of Bonds. The Bonds shall be issued upon the terms established pursuant to this Resolution and as set forth in the Indenture. 5. Sale of Bonds. The Board authorizes the sale of the Bonds in an aggregate principal amount not to exceed $65,000,000 to Alex Brown & Sons Incorporated, as underwriter ("Underwriter"). The County Administrator and the Chairman of the Board, or either of them, are authorized and directed to execute and deliver a Bond Purchase Agreement with the Underwriter, providing for the sale and delivery of the Bonds upon terms and conditions to be approved by 2 such officers, provided that (i) the true interest cost of the Bonds shall not exceed 9%; (ii) the final maturity of the Bonds shall not be later than 40 years from their date. The approval of such officers shall be evidenced conclusively by the execution and delivery of the Bond Purchase Agreement. 6. Non -Arbitrage Certificate and Tax Covenants The appropriate officers and agents of the County are authorized and directed to execute a Non -Arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended ("Code"), including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The Board covenants on behalf of the County that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in the Indenture and the County's Non - Arbitrage Certificate and Tax Covenants, to be delivered simultaneously with the issuance and delivery of the Bonds and that the County shall comply with the other covenants and representations contained therein. 7. Disclosure Documents The County Administrator, and such officers and agents of the County as he may designate, are hereby authorized and directed to prepare, execute and deliver an appropriate preliminary official statement, official statement, and such other disclosure documents as may be necessary to expedite the sale of the Bonds. Such disclosure documents shall be published 3 in such publications and distributed in such manner and at such times as the County Administrator, or such officers or agents of the County as he may designate, shall determine. 8. Further Actions The County Administrator, and such officers and agents of the County as he may designate, are authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Bonds and all actions taken by such officers and agents in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. 9. Filing of Resolution The appropriate officers or agents of the County are authorized and directed to file a certified copy of this Resolution with the Circuit Court of the County of Roanoke, Virginia pursuant to Section 15.1-227.9 of the Virginia Code. 10. Effective Date This Resolution shall take effect immediately. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Robers, Johnson, Nickens, McGraw NAYS: Supervisor Eddy A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Bond Counsel Circuit Court Judge Alfred C. Anderson, County Treasurer Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance Cliff Craig, Director, Utility 4 M The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, certifies that the foregoing constitutes a true, complete and correct copy of the Resolution 82791-11 adopted at a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on August 27, 1991. Dated: August 27, 1991 Mary H. lien, Clerk, Board of Supervisors [SEAL] County of Roanoke, Virginia 5 a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 1991 ORDINANCE 82791-12 AMENDING CHAPTER 22, WATER OF THE ROANOKE COUNTY CODE BY THE ADDITION OF A NEW SECTION NUMBERED 22-61 REDUCTION OF RATES TO AUTHORIZE THE REDUCTION OF WATER RATES IN HARDSHIP SITUATIONS FOR ELDERLY AND DISABLED PERSONS WHEREAS, the Board of Supervisors of Roanoke County, Virginia, intends to provide financial relief for its elderly and disabled citizens in the provision of certain critical public services; and WHEREAS, it is the intent of this ordinance to provide for a reduction of water rates or charges for governmental services provided to economical ly-d isadvantaged'elderly or disabled citizens and their families; and WHEREAS, the first reading of this ordinance was held on July 23, 1991, and the second reading and public hearing was held on August 27, 1991. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 22-6 of Chapter 22, Water of the Roanoke County Code is adopted and enacted as follows: Sec. 22-6. Reduction of rates. (a) The finance director is hereby authorized to develop, publish and implement rules and regulations to provide for the reduction of rates imposed by the county for the delivery of water service by the county. The reduction of rates shall be based upon demonstrable hardship and inability to pay and shall be consistent with this section. 1 (b) The finance director shall, upon application made and within the limits provided in this section, grant a reduction of the water rate for dwellings occupied as the sole dwelling house of a person (utility customer) holding title or partial title thereto or a leasehold interest who is not less than sixty-five (65) years of age or totally and permanently disabled. A dwelling unit jointly owned or leased by a husband and wife may qualify, if either spouse is over sixty-five (65) years of age or is permanent- ly and totally disabled. (c) Reductions provided for in this section shall be granted only if the following conditions are met: (1) That the total combined income, during the immediately preceding calendar year, from all sources, of the owner or lessee of the dwelling and his relatives living therein did not exceed the amounts provided in Section 21-73 of the Roanoke County Code. (2) That the owner and his spouse or lessee and spouse did not have a total combined net worth, including all equitable interests, exceeding the amount provided in Section 21-73 of the Roanoke County Code as of December 31 of the immediately preceding calendar year. The amount of net worth specified herein shall not include the value of the sole dwelling house and up to one acre of land. (3) That the amount of water used is less than 9,000 gallons per quarter. K (d) That any person granted an exemption from the tax on real property as provided for under Division 3 of Article III of Chapter 21 of the Roanoke County Code shall be granted a reduction in water rates. That any other person seeking a reduction of water rates under this section shall utilize the forms and follow the proce- dures under Division 3 of Article III of Chapter 21 of the Roanoke County Code, except as modified by the finance director. (e) The amount of the reduction provided for in this section is that portion of the water rate which represents an increase in rates since the fiscal year ending June 30, 1991, or the year the person reached age sixty-five (65) 'years or became disabled, whichever is later. (f) Changes in respect to income, financial worth, ownership or leasing of property or other factors occurring during the year for which an affidavit or application is filed pursuant to this section, and having the effect of exceeding or violating the limitations and conditions provided in this section, shall nullify any reduction for the then current year and the year immediately following. (g) A change in water usage exceeding the limitations of this section shall nullify any reduction for the then current quarterly billing cycle. (h) That the utility enterprise fund shall be reimbursed annually by the general fund for the amount of rate reduction in excess of $30,000.00 under the authority of this ordinance. 3 (i) An eligible person (utility customer) applying for a reduction on or before December 1, 1991, shall utilize the rate in effect June 30, 1991; for applications received after December 1, 1991, the rate utilized shall be the rate in effect at the time of application. 2. That this ordinance shall be effective with billings mailed on or after September 1, 1991. On motion of Supervisor Johnson 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 Circuit Court Elizabeth W. Stokes, Clerk Family Court Services Joseph M. Clark, II, Chief Judge Peggy H. Gray, Clerk Intake Counsellor General District Court John L. Apostolou, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library John H. Cease, Police Chief Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book Michael F. Kavanaugh, Sheriff John M. Chambliss, Jr., Assistant County Administrator 4 Diane D. Hyatt, Director, Finance O. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Clifford D. Craig, Director, Utility John D. Willey, Director, Real Estate Assessment 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 27, 1991 ORDINANCE 82791-13 AMENDING AND REENACTING SECTION 21-52, APPLICATIONS FOR SPECIAL ASSESSMENT; FEES, OF DIVISION 2. USE VALUE ASSESSMENT OF CERTAIN REAL ESTATE, OF CHAPTER 21, TAXATION, OF THE ROANOKE COUNTY CODE. WHEREAS, § 58.1-3231 of the Code of Virginia, 1950, as amended, authorizes counties to adopt ordinances to provide for the use value assessment and taxation of real estate which provided the legal basis for County Ordinances 84-191 and 32487-18 establishing a procedure for such use valve assessment and taxation of certain qualifying real estate within the County of Roanoke; and WHEREAS, § 58.1-3234 of the 1950 Code of Virginia further authorizes the governing body of any county to provide for an application fee and a revalidation fee every six years for the processing and approval of such applications for use value assessment and taxation of real estate; and WHEREAS, Ordinance 101089-4 deleted the former Division relative to the use value assessment of certain real estate and enacted a new Division 2 which provides for a set basic application and revalidation fee without regard to the acreage of any parcel for which application is made; and WHEREAS, the previous policy of the County had been to charge a fee based upon acreage in addition to a flat fee for any application or revalidation request. WHEREAS, legal notice of a public hearing concerning the adoption of an ordinance increasing these fees was provided as required by law, and the first reading on this ordinance was held on August 13, 1991; and the second reading and public hearing was held on August 27, 1991. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows. 1. That Sec. 21-52. Applications for special assessment; fees of Division 2. Use value assessment of certain real estate of Article III. Real estate taxes of Chapter 21, Taxation be amended and reenacted as follows: Sec. 21-52. Applications for special assessment; fees. e) An application of 'ry tte,4 dollars ":'"'ii:v {: Y,i:4:{:•.iiii:':ii::i'i;4}ii:titi•i"i;ii;?i:i:',}••ii:•ii....i..::'•iiiiiJi;.i;.::tii•i}i:: {(::.:�:: ::v:::.�: :.. .::::::::::. :....... ............................ :• .. !.: is ::: .: ::. ii:: .: :. �:: :•i:^: Y. ii;4: :: i:...i............i:::...:...pi:....:...:::: :.i'Y:•i•.�:::riii' ..:i•:: {::::::n:•i?Ji..'ilii}i: :i:•i"ryiiiiiY.i:{: ;::::; .:v :•: .::::. �rt shall accompany each application. (f) An application may be filed within no more than sixty (60) days after the filing deadline specified in subparagraph (b) above upon payment of a late filing fee in the sum of fay twenty dollars'Q`p�}s (i) Such property owner must revalidate annually with the 2. That the effective date of this ordinance shall be September 1, 1991, for original application and revalidations pertaining to the 1992 tax year and all subsequent years. On motion of Supervisor Nickens to adopt the ordinance at $30.00 per application and 30 cents per acre using application for fee, based on 1958 Attorney General opinion, and carried by the following recorded vote: AYES: Supervisors Robers, Johnson, Nickens, McGraw NAYS: Supervisor Eddy A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Circuit Court Elizabeth W. Stokes, Clerk Family Court Services Joseph M. Clark, II, Chief Judge Peggy H. Gray, Clerk Intake Counsellor General District Court John L. Apostolou, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Magistrates Sherri Krantz/Betty Perry Main Library John H. Cease, Police Chief Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book Michael F. Kavanaugh, Sheriff John M. Chambliss, Jr., Assistant County Administrator Diane D. Hyatt, Director, Finance 0. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Alfred C. Anderson, Treasurer R. Wayne Compton, Treasurer John D. Willey, Director, Real Estates Assessment AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, AUGUST 27, 1991 ORDINANCE 82791-14 TO CHANGE THE ZONING CLASSIFICATION OF APPROXIMATELY 12 ACRES (TAX MAP NO. 55.09-1-15, 18, 19 AND A PORTION OF TAX MAP NO. 55.13-1-2.1) OF A 49.3 ACRE TRACT OF REAL ESTATE LOCATED ON THE NORTH SIDE OF ROUTE 11/460 WEST OF SALEM AND APPROVING A SPECIAL EXCEPTION PERMIT WITH CONDITIONS FOR THE OPERATION OF A RETIREMENT COMMUNITY ON THE 49.3 ACRE TRACT OF REAL ESTATE (TAX MAP NOS. 55.09-1-15, 17, 16, 16.1, 180 19, and 55.13- 1-2.1) LOCATED IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF M- 1 TO THE ZONING CLASSIFICATION OF B-2 UPON THE APPLICATION OF RICHFIELD RETIREMENT COMMUNITY WHEREAS, the first reading of this ordinance was held on July 23, 1991, and the second reading and public hearing was held August 27, 1991; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 6, 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 12 acres, as described herein, and located on the north side of U.S. Route 11/460, west of Salem, (Tax Map Numbers 55.09-1-15, 18, 19 and a portion of Tax Map No. 55.13-1-2.1) in the Catawba Magisterial District, is hereby changed from the zoning classification of M-1, Light Industrial District, to the zoning classification of B-2, General Commerical District. 2. That this action is taken upon the application of 1 Richfield Retirement Community. 3. That said real estate to be rezoned is more fully described as follows: SEE ATTACHMENT "A" 4. That a Special Exception is hereby granted to operate a retirement community on the property identified in paragraph 5 below in accordance with Section 21-24-2 of the Roanoke County Zoning Ordinance and Chapter 6 of the Roanoke County Code. 5. That said real estate for which the Special Exception permit is granted is more fully described as follows: BEGINNING at the intersection of the westerly right-of-way of Alleghany Drive (Va. Sec. Route 642) and the northerly right- of-way of West Main Street (U.S. Route 11/460); thence leaving Alleghany Drive and with the northerly right-of-way of West Main Street, the following courses: S. 63° 36' 00" W. 686.70 feet to a point; thence S. 320 28' 07" E. 2.43 feet to a point; thence S. 63° 36' 00" W. 406.69 feet to a point, said oint being in the easterly property line of the Commonwealth of Virginia (State Police Headquarters); thence leaving the right-of-way of West Main Street and with the Commonwealth of Virginia N. 260 21' 10" W. 319.98 feet to a point; thence with the property of the Commonwealth of Virginia and the property of the County of Roanoke (Glenvar Library), S. 60° 24' 10" W. approximately 650 feet; thence continuing with the property of the County of Roanoke, N. 15° 12' 30" W. approximately 250 feet to a point in a branch; thence continuing with the property of the County of Roanoke and running along the centerline of the branch for approximately 170 feet to a point in the branch, said point being the southeasterly corner of Lot 2, Shamrock Industrial Park (Plat Book 12, page 94); thence with said Lot 2 and along the center of said branch, N. 40 46' 49" E. 33.98 feet to a point; thence continuing with said branch, N. 38° 02' 29" E. 96.29 feet to a point; thence continuing with said branch, N. 58° 00' 24" E. 17.74 feet to a point; thence leaving the centerline of the branch and with the southerly line of the old County cemetery, N. 62° 32' 50" E. approximately 289 feet; thence continuing with the property of said cemetery, N. 28° 50' 50" W. 196.28 feet to a point; thence continuing with said cemetery S. 53° 52' 00" W. approximately 234 feet to a point in the centerline of a branch; thence leaving the cemetery and with the centerline of said branch and with the easterly line of Lot 1 and Lot 2, 2 Shamrock Industrial Park, the following: N. 70 48' 28" W. 14.66 feet to a point; thence N. 50° 16' 03" E. 34.41 feet to a point; thence N. 670 03' 56" E. 28.14 feet to a point; thence N. 16° 09' 48" E. 28.72 feet to a point; thence N. 43° 03' 49" E. 44.75 feet to a point; thence N. 29° 17' 19" E. 57.01 feet to a point; thence N. 20° 42' 59" E. 41.99 feet to a point; thence N. 24° 21' 17" W. 100.56 feet to a point; thence N. 24° 21' 17" W. 19.86 feet to a point; thence N. 2° 05' 14" E. 58.40 feet to a point; thence N. 45° 35' 11" W. 110.22 feet to a point; thence N. 280 34' 19" W. 101.68 feet to a point; thence N. 36° 57' 12" W. 76.82 feet to a point; thence N. 440 48' 55" W. 68.73 feet to the point of intersection of the centerline of the branch and the southerly right-of-way of Interstate 81; thence leaving said branch and with the southerly right-of-way of Interstate 81, N. 550 29' 00" E. 151.50 feet to a point; thence continuing with said right-of-way N. 680 12' 40" E. 229.52 feet to a point; thence continuing with said right-of-way N. 680 12' 40" E. 229.52 feet to a point; thence continuing with said right-of-way N. 22° 06' 29" W. 51.77 feet to a point; thence continuing with said right-of-way N. 22* 06' 29'r W. 51.77 feet to a point; thence continuing with said right-of-way N. 550 29' 00" E. 752.00 feet to a point, said point being the intersection of the southerly right-of-way of Interstate 81 and the westerly right-of-way of Alleghany Drive (Va. Sec. Route 642); thence with the westerly right-of-way of Alleghany Drive, S. 340 24' 26" E. 80.17 feet to a point; thence S. 360 12' 03" E. 164.92 feet to a point; thence S. 42° 57' 30" E. 154.43 feet to a point; thence S. 36° 37' 43" E. 194.93 feet to a point; thence S. 26° 59' 00" E. 43.64 feet to a point; thence N. 630 01' 00" E. 12.50 feet to a point; thence S. 26° 59' 00" E. 1126.63 feet to the Point of Beginning and containing approximately 49.3 acres and comprising all of the property owned by Richfield Retirement Community and encompassed by Tax Map Nos. 55.09-1-15; 55.09-1-16; 55.09-1-16.1; 55.09-1-17; 55.09-1- 18; 55.09-1-18.1; 55.09-1-19; and 55.13-1-2.1. 5. That the owner has voluntarily proffered in writing the following conditions on the special exception which the Board of Supervisors hereby accepts: a. The facilities in the retirement community shall be designed so as not to exceed 1,200 residents in the development. b. Development of the site shall be limited to full service retirement community to include any or all of the following services: a nursing center which provides skilled and intermediate care designed to meet all living as well as medical needs; a convalescent living center providing residents with 24-hour sheltered care; a variety of housing units which provide a full range of retirement housing options; all ancillary structures and utilities required to operate and maintain the facility; accessory commercial uses designed primarily to serve the community residents. These conditions would apply to the entire 49.3 -acre site and would supersede conditions attached to earlier Special Exception Permits involving only a portion of the site. 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Johnson to adopt ordinance and approve special exception permit, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens NAYS: None ABSTAIN: Supervisor McGraw A COPY TESTE: re cdz� -;V. Mary H. -Allen, Clerk Roanoke County Board of Supervisors 4 cc: File Arnold Covey, Director, Engineering & Inspections Terry Harrington, Director, Planning & Zoning John Willey, Director, Real Estate Assessment Paul Mahoney, County Attorney 5 ATTACHMENT "A" Description of approximately 2.6 acre tract to be Rezoned from M-1 to 8-2 owned by Richfield Retirement Community situate on the north side of U.S. Route 11 Roanoke County, Virginia 23 August 1991 BEGINNING at the intersection of the westerly right-of-way of. Alleghany Drive (Va. Sec. Rte. 642) and the southerly right-of-way of. --- Interstate Route 81, said point beim g.the northeasterly cornet:of-_Tax. No. 55.09-1-15; thence leaving the right-of-way of Interstate 81.and with the westerly right-of-way of Alleghany Drive the following: 3411 24' 26" E., 80.17 feet to a point; thence S. 3610 12' 03.'" E.., 164.92 feet to a point; thence S. 420 57' 30" E., 154.43 feet ---to a point; thence S. 36. 37" 43" E., 3.13 feet to a point; thence leaving the right-of-way of Alleghany Drive and with the property of Richfield Retirement Community, Tax No. 55.09-1-16.1, N. 54' 55.t 00" W., 25.75 feet to a point; thence N. 69. 51, 00" W., 212.00 faet•to a Point; thence' S. 711, 06' 00" W., 53.00 feet to a point; thence S. 68• 25' 00" W., 451.40 feet to a point; thence S. 68. 12' 40" W., 172.26 feet to a point in the southerly right-of-way of Interstate. 81t thence leaving Tax No. 55.09-1-16 and with the southerly right--of--way- Of Interstate 81 the following: N. 220 06' 29" W., 510-77-feet=t0.a_ point: thence. N. 559291 00" E., 752.00 feet to - the; point= of -- BEGINNING and containing approximately 2.6 acres and being all-of--the,.- property to be Rezoned from M-1 to B-2 and known a ATTACHMENT "" Description of approximately 2.6 acre tract to be Rezoned from M-1 to B-2 owned by Richfield Retirement Community Situate on the north side of U.S. Route 11 Roanoke County, Virginia 23 August 1991 Page 2 55.09-1-15 and being as shown on a Composite Map from Recor Richfield Retirement Community prepared bda for y T. P. Parker & Son dated June 5, 1991 and revised August 23, 1991. Note: This legal description was prepared from records and does no reflect a current boundary survey of the subject property. t ATTACHMENT nAu Description of a 10.7 acre tract to be Rezoned from M-1 to B-2 owned by Richfield Retirement Community situate on the north side of U.S. Route 11 Roanoke County. Virginia 23 August 1991 STARTING at a point in the northerly right-of-way of U.S. Route 11 and being the common corner between the property of -. the Commonwealth of Virginia (Virginia State Police Headquarters) and the. property of Richfield Retirement Community, Tax No. 55.13-1-2.1; thence leaving the right-of-way of U.S. Route 11 and wither the - property of the Commonwealth of Virginia, N. 26. 21' 10" W., 200.00 feet to the Point of BEGINNING, said point being on the westerly _-line Of Tax No. 55.13-1-2.1 acid being the noctherly limit of the existing boundary of B-1 Zoning along the northerly • side of U.S. Route =11..as shown on the County of Roanoke Zoning Maps; thence with the property of the Commonwealth of Virginia, N. 260 21' 10" W., 119.98 feet -to -a point; thence leaving Tax No. 55.13-1-2.1 and with the common --line between Tax No. 55.09-1-19 and the property of the Commonwealth of_ Virginia and the property of the County of Roanoke (Glenvar Library), S. 60. 24' 10" W., approximately 650 feet; thence continuing with:athe property of -the County of Roanoke, N. 15. 12' 30" W., approximately 250 feet to a point in a branch; thence continuing with the property of the County of - Roanoke and running along the centerline-ot= the branch for approximately 170 feet to a point in the branchr-said_. h ATTACHMENT "A" Description of a 10.7 acre tract to be Rezoned from M-1 to B-2 owned by Richfield Retirement Community situate on the north side of U.S. Route 11 Roanoke County, Virginia 23 August 1991 Page 2 point being the southeasterly corner of Lot 2, Shamrock Industrial Park (Plat Book 12, Page 94); thence with said Lot 2 and along the center of said branch, N. 4' 46' 49" E., 33.58 feet to a point; thence continuing with said branch, N. 38' 02' 29" E., 96.29 feet to a point; thence continuing with said branch, N. 58' 00' 24" E., 17.74 feet to a point; thence leaving the centerline of the branch and with the southerly line of the Old County Cemetery, N. 62' 32' 50" E., approximately 289 feet to a point; thence leaving Tax No. 55.09-1-19 and with the westerly line of Tax No. 55.09-1-18 and the property line of said cemetery, N. 28. 50' 50" W., 196.28 feet to a point; thence leaving said cemetery and with the line of Tax No. 55:09-1-18 the following: N . 80' 261, 50" E., 169.35 'feet to a point; thence N. 73' 41' 40" E. 285.37 feet to a point in the westerly line of KnollridgeRoad: thence with the westerly line of Knollridge Road on - a curve to the right whose radius is 188.62 feet, whose length is 50.28 feet and whose chord is N. 60 58' 13" K., 50.13 feet- to a point; thence continuing along the westerly line of Knollridge- Road and Tax No. 55.09-1-18 and 55.09-1-19 with a curve to the left -whose radius is 230.00 feet, whose length is 132.47 feet and whose chord is N. 15. 50' W., 130.65 feet to a point; thence continuing with. the westerly side of Knollridge Road, S.'32"201 00" E:, 325.-00 feet -to -a point; thence continuing with the westerly line of Knollridge: Road ATTACHMENT "A" a` I1� Description of a 10.7 acre tract ' to be Rezoned from M-1 to B-2 owned by Richfield Retirement Community situate on the north side of U.S. Route 11 Roanoke County, Virginia 23 August 1991. Page 3 and the easterly line of Tax No. 55.09-1-19 and Tax No. 55.13-1-2.1 with a curve to the left whose radius is 185.00 feet, whose length is 123.96 feet and whose chord is N. 51° 31' 45" W., 121.65 feet to a point: thence continuing with the westerly side of Knollridge Road and Tax No. 55.13-1-2.1, S. 320 20' 00" E., 12.49 feet to a point• said point being the northerly limits_ of the existing B-1 Zoning along U.S. Route 11: thence leaving Knollridge Road and with a line through Tax No. 55.13-1-2.1 and being -along the limits of the B-1 Zoning along U.S. Route 11, S. 63• 36' 00" W. 385.73 feet to the Point of• BEGINNING and containing approximately 10.7 acres and being all of Tax No. 55.09-1-18, Tax No. 55.09-1-19 and the northerly portion of Tax No. 55.13-1-2.1, which is not covered under the existing B-1 Zoning, and being as shown on a Composite Map from Records for Richfield Retirement Community prepared by T. P. Parker i Son dated June 5, 1991 and revised August 23, 1991. Note: This legal description was prepared from records and doesnotreflect a current boundary survey of the subject property.