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HomeMy WebLinkAbout9/24/1991 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 24, 1991 RESOLUTION 92491-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO LOWELL GOBBLE FOR THIRTY-ONE YEARS OF SERVICES TO ROANOKE COUNTY CITIZENS WHEREAS, Lowell Gobble has served as the Roanoke County Extension Agent since 1960 and will retire this year after 31 years in that office; and WHEREAS, in the 75 years of the Extension Service, Lowell Gobble has served as Extension Agent for Roanoke County longer than any other agent; and WHEREAS, Lowell Gobble has served during a period of change in the agricultural character of Roanoke County, and yet he and his staff have found ways to meet the needs of all the citizens, homeowners and farmers alike, during this period; and WHEREAS, Lowell Gobble has made an invaluable contribution to the children of the Roanoke Valley, with his dedication to 4-H Clubs throughout the region; and WHEREAS, Lowell Gobble has served the Extension Service and the State of Virginia with dedication and has been a good friend and co-worker to the Roanoke County Board of Supervisors and Staff. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors, on its own behalf and on behalf of the many residents of the Roanoke Valley who have benefitted from Mr. Gobble's advice and friendship, does hereby extend its sincere appreciation and gratitude to LOWELL GOBBLE for thirty-one years of capable, loyal and dedicated service to Roanoke County citizens. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, McGraw NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Brenda J. Ho on, Deputy Clerk Roanoke County Board of Supervisors cc: File D. Keith Cook, Director, Human Resources AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 24, 1991 RESOLUTION 92491-2 AUTHORIZING THE APPROVAL AND SUPPORT OF THE ROANOKE COUNTY EMPLOYEES 1991 UNITED WAY FUND RAISING CAMPAIGN WHEREAS, the County of Roanoke has established a solid tradition of supporting local community services through contribution to United Way; and WHEREAS, it is recognized that the United Way program extends support to many valley agencies to include emergency service companies in the County; and ' WHEREAS, it is the goal of the County in 1991 to increase the level of contributor participation over the previous year. NOW, THEREFORE, BE IT RESOLVED that We, the Board of Supervisors of Roanoke County, Virginia, do support the ROANOKE COUNTY 1991 UNITED WAY FUND RAISING CAMPAIGN and encourage that the opportunity of participation be given to employees. FURTHER, BE IT RESOLVED that the Board of Supervisors encourages all Team Captains to give their best efforts to ensure that their individual departments participate and support the County and Roanoke Valley programs in their endeavors to attain the goals set forth. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, McGraw NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors cc: File Gardner Smith, Director, General Services ACTION NO. A-92491-3 ITEM NO. Q — 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24, 1991 AGENDA ITEM: Policy Requiring Environmental Assessments for Real Estate Acquisitions COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: This report requests the Board to establish a County policy requiring environmental audits or assessments for real estate acquisitions. BACKGROUND: Over the past few years we have all become painfully aware. of the threats and hazards to our environment and the tremendous financial and social costs of addressing environmental problems. This heightened awareness is reflected in a more cautious and careful analysis of the environmental risks inherent in real estate transactions. It is suggested that the Board adopt a policy for the County requiring environmental audits for all fee simple real estate acquisitions by the County. Federal law imposes significant liabilities (strict liability, irrespective of fault) upon all parties deemed statutorily responsible for the release of hazardous substances. The current owner of the real estate is one of the parties responsible fore cleanup costs. There is an "innocent landowner" provision to the "third party" defense, which protects an owner who did not know or have reason to know of prior contamination when the site was acquired. To prove absence of reason to know, one must have undertaken all appropriate inquiry into the ownership and uses of the property "consistent with good commercial or customary practice in an effort to minimize liability", determined by the standards at the tima.of the acquisition. y :D3 In consideration of the current commercial and customary practice, staff issued a request for proposals to perform environ- mental audits on July 30, 1991, and received approximately 12 responses. This request divided the scope of work into two phases: to determine if the land is contaminated and requires further, more comprehensive, investigation; and, if warranted, testing, sampling, analysis and surveys to determine the extent and content of the contamination. Staff is prepared to conduct environmental audits on all fee simple real estate acquisitions by the County. Staff recommends that the Board adopt a policy directing that an environmental audit be conducted for all fee simple real estate acquisitions by the County, including donations or gifts. FISCAL IMPACTS: The costs for an environmental audit shall be billed on an hourly rate, and laboratory fees for testing and sampling is dependent upon the specific testing method requested, which shall be billed at cost. Depending upon the size or quantity of real estate involved, and the nature of the property (raw land vs. a building or structure, underground storage tanks, etc.) it is estimated that an environmental audit could cost at a minimum $1500.00. The cost of the environmental audit is billed to the request- ing or using department, just as survey fees, appraisal fees and recording costs are currently allocated. o- _ 1) Adopt a policy for Roanoke County requiring an environ- mental audit for all fee simple real estate acquisitions. 2) Do not require environmental audits, run the risk of potential environmental liability for real estate acquisitions. • tiI;I • _ • It is recommended that the Board adopt a policy requiring an environmental audit of all fee simple real estate acquisitions. Respectfully submitted, QOV'A Paul M. Mahoney County Attorney 4 Action Vote Approved (x) Motion by r.ee B. ��y to Eddy No Yes Absent x Denied ( ) approve Johnson x Received ( ) McGraw x Referred Nickens x to Robers x File cc: Reta R. Busher , Director, Management & Budget Paul Mahoney, County Attorney CAVjPSI Vbm"\rSSlre\ORVkOR = Diane Hyatt, Director, Finance John Willey, Director, Real Estate Assessment AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 24, 1991 ORDINANCE 92491-4 AUTHORIZING THE LEASE OF REAL ESTATE, A PORTION OF GREEN HILL PARR, TO THE ROANORE SYMPHONY ASSOCIATION BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the lease of a portion of Green Hill Park as shown on Exhibit "A" attached to this ordinance was held on September 10, 1991. The second reading on this matter was held on September 24, 1991. 2. That it is in the County's best interests to lease this property to the Roanoke Symphony Association in order to assist the Association in its charitable, benevolent, and educational purposes by providing facilities for its fund-raising activities. In exchange for the authorization to utilize a portion of Green Hill Park, the Roanoke Symphony Association will undertake substantial and valuable improvements to this County real estate. 3. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a 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 1 A COPY TESTE: Z�A&� Brenda J. --4' o ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul Mahoney, County Attorney John Willey, Director, Real Estate Diane Hyatt, Director, Finance Steve Carpenter, Director, Parks & 2 Assessment Recreation t AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 24, 1991 ORDINANCE 92491-5 AUTHORIZING THE PURCHASE OF A 13.88 ACRE PARCEL OF LAND (TAX MAP NO. 65.00-2-55) FOR CONSTRUCTION OF A WATER PUMP STATION WHEREAS, in order to construct a treatment plant intake and pump station at Glenvar in connection with the Spring Hollow Reservoir, staff has located a certain parcel of land consisting of 13.88 acres, more or less, in the Catawba Magisterial District of Roanoke County; and WHEREAS, Homer J. Duncan currently holds a contract to purchase said parcel from the owners, George W. and Esther H. Hartless; and WHEREAS, staff has negotiated the purchase of said parcel from Homer J. Duncan for the sum of $69,300, being the estimated fair market value based upon an appraisal; and WHEREAS, the first reading of this ordinance was held on September 10, 1991; the second reading was held on September 24, 1991. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to acquire from Homer J. Duncan (or the present owner if necessary) a 13.88 -acre parcel of land identified as Tax Map No. 65.00-2-55 for an amount not to exceed $69,300, which shall be paid out of the funds available for the Spring Hollow Water Project. 2. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this property, all of which shall be approved as to form by the County Attorney. 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: 9, Brenda J. H ton, Deputy Clerk cc: File Roanoke County Board of Supervisors Cliff Craig, Director, Utility Paul Mahoney, County Attorney John Willey, Director, Real Estate Assessment Diane Hyatt, Director, Finance AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 24, 1991 RESOLUTION 92491-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for September 24, 1991, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 9, inclusive, as follows: 1. Confirmation of Committee Appointment to Community Corrections Resources Board and Grievance Panel. 2. Acceptance of Sanitary Sewer Facilities serving Hunting Hills, Sewer, from Section 22. 3. Acceptance of Water and Sanitary Sewer Facilities serving Fairway Forest Estates, Section 2. 4. Donation of a water, sewer and drainage easement from David L & Diane L. Caldwell. 5. Approval of Raffle Permit for Marine Corps Reserve Toys for Tots Program. 6. Acceptance of 0.05 miles of Lange Lane in the Virginia Department of Transportation Secondary System. 7. Donation of a drainage easement in connection with Suncrest Heights Subdivision, Section 3. 8. Approval of Raffle Permit for Oak Grove Elementary School PTA. 9. Settlement of contract dispute with GTE/Vision Tech regarding CAD software package. 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 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. Brenda J. Holton, Deputy Roanoke County Board of Supervisors cc: File Cliff Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections Diane Hyatt, Director, Finance Bingo/Raffle Permit File A -92491-6.a ACTION NO. ITEM NUMBER Jr- j AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24, 1991 AGENDA ITEM: Confirmation of Committee appointments to the Community Corrections Resources Board and Grievance Panel. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nominations were made at the September 10, 1991 meeting. Community-C_o_rrections Resource Board Supervisor Eddy nominated Mrs. James A. (Chris) Pickard to serve a one-year term as an alternate member. Her term will expire August 31, 1992. Grievance Panel Supervisor Nickens nominated Cecil Hill to serve a two-year term which will expire September 27, 1993. Mr. Hill previously served as an alternate member of the Grievance Panel. 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 County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( y) Motion by: Harry C. Nickens No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred ( ) McGraw x To ( ) Nickens x Robers x cc: File Community Corrections Resource Board File Grievance Panel File ACTION # A -92491-6.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: September 24, 1991 SUBJECT: Acceptance of Sanitary Sewer Facilities Serving Hunting Hills, Sewer from Section 22 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Hunting Hills, Sewer from Section 22, Old Heritage Corporation, have requested that Roanoke County accept the Deed conveying the sanitary sewer facilities serving the subdivision along with all necessary easements. The sewer facilities are installed, as shown on plans prepared by Lumsden Associates entitled Hunting Hills, Sewer from Section 22, dated July 28, 1989, which are on file in the County Engineering Department. The sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the sanitary sewer construction is $32,000. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the sanitary sewer facilities serving Hunting Hills, Sewer from Section 22 along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: 0-'L�' C ", Clifford V1,4jg, P.E. Utility Director APPROVED: Z�� X�4 Elmer C. Hodge County Administrator ,T 2 ACTION VOTE Approved (x) Motion by: Harry C'_ Ninkens No Yes Denied ( ) Eddy x Received ( ) Johnson x Referred McGraw x to Nickens x Robers x cc: File Clifford Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections Abs L3 ACTION # A -92491-6.c ITEM NUMBER ../-' 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24, 1991 SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving Fairway Forest Estates, Section 2 COUNTY ADMINISTRATOR'S COMMENTS: jl�' �"`M 0 SUMMARY OF INFORMATION: The Developers of Fairway Forest Estates, Section 2, FFE Development Corporation, have requested that Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the subdivision along with all necessary easements. The water and sewer facilities are installed, as shown on plans prepared by Buford T. Lumsden and Associates entitled Fairway Forest Estates, Section 2, dated July 31, 1987, which are on file in the County Engineering Department. The water and sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT• The value of the water and sanitary sewer construction is $15,000 and $60,000 respectively. RECOMMENDATION• Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving Fairway Forest Estates, Section 2 along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. ,V- --3 SUBMITTED BY: Clifford ig, P.E. Utility Director APPROVED: Elmer C. Hodge County Administrator ACTION VOTE Approved (x) Motion by: Harry C. Nickens No Yes Denied ( ) Eddy x Received ( ) Johnson x Referred McGraw x to Nickens x Robers x cc: File Clifford Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections ACTION NO. A -92491-6.d ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24, 1991 AGENDA ITEM: Donation of a water, sewer and drainage easement from David L. & Diane L. Caldwell to the County of Roanoke COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the donation of the following easement(s) to the County of Roanoke for water, sanitary sewer, and drainage purposes in connection with a utility improvement project in the Penn Forest area near Cave Spring High School, in the Cave Spring Magisterial District: a) Donation of a water, sanitary sewer, and drainage easement, varying in width from 12.5 feet to 36.37 feet, from David L. Caldwell and Diane L. Caldwell, (Deed Book 1247, page 1738) (Tax Map No. 87.09-8-5) as shown on a plat prepared by the Roanoke County Engineering Department, dated April 25, 1991. The location and dimensions of this property have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of these properties. Respectfully submitted, Vickie L. Hli#fmhn Assistant Co my Attorney Action Vote No Yes Abs Approved (x) Motion by Harr r_ Ninkanc Eddy x Denied ( ) Johnson x Received ( ) McGraw x Referred Nickens x to Robers x cc: File Clifford Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections ACTION NO. A -92491-6.e ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24, 1991 AGENDA ITEM: Request for approval of a Raffle Permit from the Marine Corps Reserve Toys for Tots Program COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Marine Corps Reserve Toys for Tots Program has requested a permit to hold a raffle on December 12, 1991 in Roanoke County. 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 Marine Corps Reserve Toys for Tots Program for a Raffle Permit be approved. SUBMITTED BY: APPROVED BY: 141--1 ffe� Mary H. Allen Elmer C. Hodge Clerk to the Board County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Harry C_ NinkPng 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. seq. of the criminal statutes of the Virginia Code, and by Section 4-86 et. sec. of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investiga- tion prior to granting a bingo or raffle permit. The Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with county and state law. Any person violating county or state regulations concerning these permits shall be guilty of a Class 1 misdemeanor. Any person who uses any part of the gross receipts from bingo or raffles for any purpose other than the lawful religious, charitable, community, or educational purposes for which the organization is specifi- cally organized, except for reasonable operating expenses, shall be guilty of a Class 6 felony. THIS APPLICATION IS FOR: (check one) RAFFLE PERMIT YES BINGO GAMES Name of Organization MARINE CORPS RESERVE TOYS FOR TOTS PROGRAM Street Address N&MCRTC, 5301 BARNS AVE, NW Mailing Address N&MCRTC, 5301 BARNS AVE, NW City, State, Zip Code ROANOKE, VIRGINIA 24019-3899 Purpose and Type of Organization PROVIDE TOYS TO NEEDY CHILDREN AT CHRISTMAS, NON-PROFIT ORGANIZATION. When was the organization founded? 1947 Roanoke County meeting place? NA Has organization been in existence in Roanoke Countv for two con- tinuous years? YES XX NO Is the organization non-profit? YES XX NO Indicate Federal Identification Number # 540831990 Attach copy of IRS Tax Exemption letter. Officers of the Organization: President:CAPT A. M. TRINGALI Vice-PresidentlSTSGT R_ W_ FOSTER Address: 5301 BARNS AVE, NW Address: 5301 BARNS AVE NW ROANOKE, VA 24019-3899 ROANOKE, VA 24019-3899 Secretary: SGT D. C. FOLEY Treasurer:STEBBINS HUBBARD Address: 5301 BARNS AVE, NW Address: 601 S JEFFERSON STREET ROANOKE, VA 24019-3899 ROANOKE, VA Member authorized to be responsible for Raffle or Bingo opera- tions: Name SERGEANT DEBORAH C. FOLEY Home Address 108 CAMBRIDGE SQUARE, VINTON, VA 24179 Phone -342-5976 Bus. Phone 563-4979 A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBER- SHIP MUST BE FURNISHED WITH THIS APPLICATION. Specific location where Raffle or Bingo Game is to be conducted. RAFFLES: Date of Drawing 911201 Time of Drawing 5:00 PM BINGO: Days of Week & Hours of Activity: Sunday Monday Tuesday Wednesday Thursday Friday Saturday From To From To From To From To From To From To From To 2 State specifically how the proceeds from the Bingo/Raffle will be used. List in detail the planned or intended use of the proceeds. Use estimates amounts if necessary. RAFFLE TICKETS WILL BE TRADED FOR A NEW UNWRAPPED TOY FOR THE TOYS FOR TOTS PROGRAM. ANYONE WISHING NOT TO PURCHASE A TOY MAY OBTAIN A RAFFLE TICKET FOR $3.00. ALL PROCEEDS WILL BE USED TO PURCHASE TOYS FOR THE MARINE CORPS RESERVE TOYS FOR TOTS PROGRAM. 3 BINGO: Complete the following: Legal owner(s) of the building where BINGO is to be conducted: Name: NA Address: County State Zip Is the building owned by a 501-C non-profit organization? NA Seating capacity for each location: NA Parking spaces for each location: NA ALL RAFFLE AND BINGO APPLICANTS MUST ANSWER QUESTIONS 1 - 19 1. Gross receipts from all sources. related to the operation of Bingo games or Instant Bingo by calendar quarter for prior calen- dar year period. NOT APPLICABLE BINGO INSTANT BINGO 1st Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Total 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? YES 3. Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Bingo games and Raffles, and that such records are subject to audit by the Commissioner of the Revenue? yFS 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? YES 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 County of Roanoke upon submission of the annual financial report due on or before the first of November? YES 10. Does your organization understand that this permit is valid only in the County of Roanoke and only at such locations, and for such dates, as are designated in the permit application? yFs 11. Does your organization understand that no person, except a bona fide member of any such organization who sha'_ll have been a member of such organization for at least ninety days prior to such participation, shall participate in the management, opera- tion, or conduct of any bingo game or raffle, and no person shall receive any remuneration for participating in management, operation, or conduct of any such game or raffle? YES 12. Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke, Virginia? YES 13. Does your organization understand that any organization found in violation of the County Bingo and Raffle Ordinance or §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? ygq 5 14. Has your organization attached a complete list of its member- ship to this application form? NO, ALL MEMBERS ARE LISTED ON,PG #2 15. Has your organization attached a copy of its bylaws to this application form? NOT APPLICABLE 16. Has the organization been declared tion under the Virginia Constitution or If yes, state whether exemption is for or both and identify exempt property. exempt from property taxa - statutes? NO real, personal property, 17. State the specific type and purpose of the organization. TO PROVIDE NEEDY CHILDREN WITH TOYS AT CHRISTMASTTMF_ 18. Is this organization incorporated in Virginia? Nn 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? NO (If so, attach copy of exemption.) ALL RAFFLE APPLICANTS DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES, AND PROCEED TO NOTARIZATION. Article Description Fair Market Value COMPLETE BEDROOM SUIT DONATED $2,000.00 BY SINGER FURNITURE CORPORATION 1.1 ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE NOTARIZATION RAFFLE APPLICANTS, GO TO NOTARIZATION. 20. Does your organization understand that the bingo _games shall not be conducted more frequently than two calendar days in any calendar week? 21. Does your organization understand that it is required to keep complete records of the bingo game. These records based on §18.2- 340.6 of the Code of Virginia and §4.98 of Roanoke County Code must include the following: a. A record of the date, quantity, and card value of instant bingo supplies purchased, as well as the name and address of the supplier of such instant bingo supplies, and written invoice or receipt is also required for each purchase of in- stant bingo supplies? b. A record in writing of the dates on which Bingo is played, the number of people in attendance on each date, and the amount of receipts and prizes on each day? (These records must be retained for three years.) c. A record of the name and address of each individual to whom a door prize, regular or special Bingo game prize or jackpot from the playing of Bingo is awarded? d. A complete and itemized record of all receipts and disburse- ments which support, and that agree with, the quarterly and annual reports required to be filed, and that these records must be maintained in reasonable order to permit audit? 22. Does your organization understand that instant Bingo may only be conducted at such time as regular Bingo gai,e 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 §18.2 0£ 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. Si ned by: go&- FnqTF.R FIRST SERGEANT 4760 GOLFVIEW, ROANOKE, VV Name Title Home Address Subscribed and sworn before me, this 12TH day of SEPTEMBER19 91 My commission expires: �— e- AUGUST 31 19 94 Notary Public RETURN THIS COMPLETED APPLICATION TO: COMMISSIONER OF THE REVENUE P.O. Box 20409 Roanoke, VA 24018-0513 1� NOT VALID UNLESS COUNTERSIGNED The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this calendar year. Date Commi sioner the Re enue The above application is not approved. Date Commissioner of the Revenue D ACTION NO. A -92491-6.f ITEM NUMBER •. -- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24, 1991 AGENDA ITEM: Acknowledgment of acceptance of 0.05 mile of Lange Lane to the Secondary System in the Virginia Department of Transportation Secondary System COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County has received acknowledgement that the following addition to the Secondary System by the Virginia Department of Transportation has been approved, effective September 11, 1991. ADDITION Lange Lane (Route 1955) SUBMITTED BY: 7 Y' Mary H. Allen Clerk to the Board Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) 0.05 mi APPROVED BY: Elmer C. Hodge County Administrator --------------------------------------------------- ACTION VOTE Motion by: u,-,�, C �Tis�es No Yes Abs Eddy x Johnson x McGraw x Nickens, x Robers x cc: File Arnold Covey, Director, Engineering & Inspections ACTION NO. A -92491-6.g ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24, 1991 AGENDA ITEM: Donation of a drainage easement in connection with Suncrest Heights Subdivision, Section 3, to the County of Roanoke COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the donation of the following easement to the County of Roanoke for drainage purposes in relation to Suncrest Heights Subdivision, Section 3, owned and developed by John A. Hall & Company, Inc.: a) Donation of a drainage easement, varying in width from twenty to twenty-five feet (20'-251), from Paul W. Sink, Sr., and Willa D. Sink, (Deed Book 692, page 589) (Tax Map No. 98.02-1-51) as shown on a plat prepared by T. P. Parker & Son, Engineers & Surveyors, Ltd., dated June 25, 1991. The location and dimensions of this property have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of this property. Approved (x) Denied ( ) Received ( ) Referred to Resp ctfully submitted, kAZVA40U& -, Vickie L. A&ftman Assistant County Attorney Action Motion by Harry C. Nickens Vote No Yes Abs Eddy x Johnson x McGraw x Nickens x Robers x c:\wp51\asmdawonatkm\mlvwnm .rM cc: File Clifford Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections A -92491-6.h ACTION NO. ITEM NUMBER -T-.O AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24, 1991 AGENDA ITEM: Request for approval of a Raffle Permit from the Oak Grove Elementary PTA COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Oak Grove Elementary PTA has requested a permit to hold a raffle on October 12, 1991 in Roanoke County. 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 Oak Grove Elementary School PTA for a Raffle Permit be approved. SUBMITTED BY: APPROVED BY: IV Mary H. Allen Elmer C. Hodge Clerk to the Board County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (y) Motion by: Harry C'_ NickPnG 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. seq. 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 V BINGO GAMES Name of Organization J (�Ir6VC &emEi✓> � Street Address (SDS egeA ,611 �y Mailing Address -.f M6 /is A610✓C City, State, Zip Code P413/✓4&&- Purpose and Type of Organization �G#141a& AK4 When was the organization founded? 1 Roanoke County meeting place? G)/) -k (:cw ��C1/»��y�� �­54f IY_D°L Has organization been in existence in Roanoke County_ for two con- tinuous years? YES�NO Is the organization non-profit? YES �% NO Indicate Federal Identification Number 1610 Z,�L 7(0 Attach copy of IRS Tax Exemption letter. Officers of the Organization: President: J/j)) W©C._ Vice -President Address:Z9(AAddress: Secretary: .EL426 'Z, Z Treasurer : &Al t- /�A",LlSi Address: r,,7d4l Z�g. Address: h�.3�,s- �D,e,�e-L�. -he Member authorized to be responsible for Raffle or Bingo opera- tions: Name L=�RC�L C �o iii Home Address i 4& 7,#i.C.� Phone 71.2- —/j -3f Bus. Phone IVI,,4 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. RAFFLES: Date of Drawing IJ -1,,2-91 Time of Drawing �•'.3Q�/J�. BINGO: Days of Week & Hours of Activity: Sunday Monday Tuesday Wednesday Thursday Friday Saturday From To From To From To From To From To From To From To K State specifically how the proceeds from the Bingo/Raffle will be used. List in detail the planned or intended use of the proceeds. Useestimates amounts if necessary. 3 BINGO: Complete the following: Legal owner(s) of the building where BINGO is to be conducted: Name: Address: County State Zip Is the building owned by a 501-C non-profit organization? Seating capacity for each location: Parking spaces for each location: ALL RAFFLE AND BINGO APPLICANTS MUST ANSWER QUESTIONS 1 - 19 1. Gross receipts from all sources., related to the operation of Bingo games or Instant Bingo by calendar quarter for prior calen- dar year period. BINGO INSTANT BINGO 1st Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Total 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? 1/ e -s 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? es 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? it 1P S 4 5. Does your organization understand that a Financial Report must be filed with the Commissioner of the Revenue on or before the first day of November of each calendar year for which a per- mit has been issued? �� S 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? I-/ 7. Does your organization understand that the failure t`o� 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? �jeS 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? 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? e 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? eS 11. Does your organization understand that no person, except a bona fide member of any such organization who sha?ll have be -en 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? es 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? J�e -11� 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? 5 14. Has your organization attached a complete list of its member- ship to this application form?- d)tLZt., 15. Has your organization attached a copy of its bylaws to this application form? , 16. Has the organization been declared exempt from property taxa- tion under the Virginia Constitution or statutes? 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. 18. Is this organization incorporated in Virginia? If yes, name and address of Registered Agent: 19. Is the organization registered with the Virginia Department of Agriculture and Consumer Affairs pursuant to the Charitable Solicitations Act, Section 57-48 of the Virginia Code? (If so, attach copy of registration.) Has the organization been granted an exemption from registration by the Virginia Department of Agriculture and Consumer Affairs? (If so, attach copy of exemption.) ALL RAFFLE APPLICANTS DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES, AND PROCEED TO NOTARIZATION. Article Description Fair Market Value P ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE NOTARIZATION RAFFLE APPLICANTS, GO TO NOTARIZATION. 20. Does your organization understand that the bingo games shall not be conducted more frequently than two calendar days in any calendar week? 21. Does your organization understand that it is required to keep complete records of the bingo game. These records based on §18.2- 340.6 of the Code of Virginia and §4.98 of Roanoke County Code must include the following: a. A record of the date, quantity, and card value of instant bingo supplies purchased, as well as the name and address of the supplier of such instant bingo supplies, and written invoice or receipt is also required for each purchase of in- stant bingo supplies? b. A record in writing of the dates on which Bingo is played, the number of people in attendance on each date, and the amount of receipts and prizes on each day? (These records must be retained for three years.) c. A record of the name and address of each individual to whom a door prize, regular or special Bingo game prize or jackpot from the playing of Bingo is awarded? d. A complete and itemized record of all receipts and disburse- ments which support, and that agree with, the quarterly and annual reports required to be filed, and that these records must be maintained in reasonable order to permit audit? 22. Does your organization be conducted at such time as and only at such locations this application? understand that instant Bingo may only regular Bingo gatLe is in progress, and at such times as are specified in 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.) rl 26. Does vour organization understand that a Certificate of Occu- pancy must be obtained or be on file which authorizes this use at the proposed location? 27. Does your organization understand that awards or prize money or merchandise valued in excess of the following amounts are illegal? a. No door prize shall exceed twenty-five dollars. b. No regular Bingo or special Bingo game shall exceed One Hund- red dollars. C. No jackpot of any nature whatsoever shall exceed One Thousand Dollars, nor shall the total amount of jackpot prizes awarded in any one calendar day exceed One Thousand Dollars. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS I hereby swear or affirm under the penalties of perjury as set forth in §18.2 of the Code of Virginia, that all of the above statements are true to the best of my knowledge, information, and beliefs. All questions have been answered. Signed by: /./..`i ./-/, L-2 tle Subscribed and sworn before me, this My commission expires: 19 RETURN THIS COMPLETED APPLICATION TO: SDA-�✓oK� Home Address day of 19 Notary Public COMMISSIONER OF THE REVENUE P.O. Box 20409 Roanoke, VA 24018-0513 1.1 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. q " / 5 '- cf, I Date C minis ioner o e Revenu The above application is not approved. Date Commissioner of the Revenue 0 ACTION NO. A -92491-6.i ITEM NO. ,.T — tel' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24,1991 AGENDA ITEM: Settlement of contract dispute with GTE/Vision Tech regarding CAD software package COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY Negotiations with GTE's legal staff has resulted in a settlement offer of $50,573.75 which represents one-half of the amount originally paid by Roanoke County to Vision Technology, Inc. for multiple software packages in 1988. BACKGROUND: A disagreement developed in January, 1991 between the County and GTE over the performance of the integrated police and fire computer aided dispatch (CAD) software system for which the County had contracted in September, 1988 with Vision Technology (GTE's predecessor in interest). Based upon comparisons of other CAD systems operated by other localities of this size, county staff was of the opinion that at this time the potential existed for obtaining a system which is more appropriate for this County's requirements. SUMMARY OF INFORMATION: Several face-to-face negotiating sessions between GTE's legal counsel and the county's staff has produced an agreement in principle for the settlement of this dispute. The essential terms of such settlement are as follows: 1. Payment by GTE to Roanoke County of $50,573.75 within 30 days of the execution of a settlement agreement. 2. Return of all software and proprietary information to GTE by November 1, 1991, to allow for transfer of records data currently usable. 3. The county to provide to GTE information developed by the county during "Beta" testing as to defects in software. 4. A agreement as to appropriate public comments regarding the terms of this settlement. s-9 FISCAL IMPACTS• The county would receive a payment of $50,573.75 within 30 days of the settlement of this dispute which could be utilized to pay for the new PSSI consolidated dispatch software program. ALTERNATIVES: 1. Accept the settlement upon the terms agreed to with GTE. 2. Reject the settlement and proceed to litigation with GTE which could reasonably be expected to take several years and with only a 50-50 chance of success. STAFF RECOMMENDATION: Staff recommend acceptance of the settlement terms as set forward above. Respectfully submitted, m J60sepIY B. Obenshain Senior Assistant County Attorney Action Vote Approved No Yes Abs (X ) Motion by _ Harry C' _ Ni c`kPnc Eddy X Denied ( ) Johnson X Received ( ) McGraw X Referred Nickens X to Robers X c Awp51 \a genda\Ht\gte cc: File Paul Mahoney, County Attorney Diane Hyatt, Director, Finance AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 24, 1991 RESOLUTION 92491-7 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. 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: A�y«�C-, V - Brenda J. H ton, Deputy 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, SEPTEMBER 24, 1991 RESOLUTION 92491-8 OF CONGRATULATIONS TO THE VINTON SLUGGERS, PONYTAIL DIVISION, SOFTBALL TEAM FOR WINNING THE STATE CHAMPIONSHIP WHEREAS, the Vinton Sluggers, Ponytail Division, recently won the Virginia State Softball Championship; and WHEREAS, the Sluggers also placed fifth in the National Softball Championship; and WHEREAS, athletics are an important part in the development of the minds and bodies of 'young people, boys and girls alike, helping them to develop lifelong habits of exercise and teamwork. NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors does hereby extend its congratulations to the VINTON SLUGGERS, PONYTAIL DIVISION, on their outstanding accomplishment and statewide achievement; and FURTHER, BE IT RESOLVED that the Roanoke County Board of Supervisors wishes continued athletic ability and skill to each and every member of the team. On motion of Supervisor Eddy to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: Brenda J. H ton, Deputy Clerk cc: File Roanoke County Board of Supervisors Resolutions of Congratulations File 1 ACTION NO. A-92491-9 ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 24, 1991 AGENDA ITEM: Special Exception Request of Shelva Walker to operate a beauty shop at the residence, located at 6961 La Marre Drive, in the Hollins Magisterial District COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: Unaware of County licensing requirements, petitioner commenced operating a beauty establishment at her residence in July 1991. At that time, the Commissioner of Revenue's office contacted Planning and Zoning staff which investigated and except for lack of Special Exception Permit and the associated business license, found the petitioner to be operating within the applicable regulations outlined below. Ms. Walker has filed documentation supporting her claim that an infirmity exists which impedes her ability to work outside the home. SUMMARY OF INFORMATION: See attached staff report. ALTERNATIVES• Alternative 1: Approve the petition for a special exception to operate a beauty establishment as a home occupation, with condi- tions recommended by staff. Alternative 2: Deny the petition for a special exception permit. STAFF RECOMMENDATION: Staff recommends alternative 1. Respectfully submitted, Terrance H rringt Director f Plan ing Approved by, 1 Elmer C. Hodge County Administrator Approved (x) Denied ( ) Received ( ) Referred to 91511-1 2 Action Vote No Yes Abs Motion by Bob L. Johnson to Eddy x approve Johnson x McGraw x Nickens x Robers x cc: File Terry Harrington, Director, Planning Arnold Covey, Director, Engineering & Inspections AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 24, 1991 DENIAL OF ORDINANCE 92491-10 TO CHANGE THE ZONING CLASSIFICATION OF A .71 ACRE TRACT OF REAL ESTATE LOCATED AT 6426 MERRIMAN ROAD (TAB MAP NO. 97.06-1-6) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF M-1 WITH CONDITIONS UPON THE APPLICATION OF 301 GILMER ASSOCIATES 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, at which time it was referred back to the Planning Commission. Thereafter, the amended ordinance was brought before the Board of Supervisors for a second reading and public hearing on September 24, 1991; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 6, 1991, and September 3, 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: DENIED on motion of Supervisor Robers to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers NAYS: Supervisors Johnson, Nickens, McGraw A COPY TESTE: 0 Brenda J. H ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Terry Harrington, Director, Planning & Zoning John Willey, Director, Real Estate Assessment Paul Mahoney, County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 24, 1991 ORDINANCE 92491-11 AUTHORIZING A USE -NOT - PROVIDED -FOR PERMIT TO ERECT A SELF-SUPPORTING COMMUNICATION TOWER LOCATED OFF TWELVE O'CLOCK KNOB ROAD IN THE CATAWBA MAGISTERIAL DISTRICT UPON THE APPLICATION OF CELLULAR ONE WHEREAS, the first reading of this ordinance was held on January 22, 1991 and the second reading and public hearing was held September 24, 1991; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 3, 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 a use -not -provided -for permit for a certain tract of real estate containing 31 acres, as described herein, and located at off Twelve O'Clock Knob Road, (Tax Map Number 66.00-1- 12.1) in the Catawba Magisterial District, is hereby authorized. 2. That this action is taken upon the application of Cellular one. 3. That said real estate is more fully described as follows: BEGINNING at a point in the center of Virginia Secondary Route 694, also known as Twelve O'Clock Knob Road, on the line of the property now owned by Peggy L. Moulse and on the line of the Julia C. Powell property; thence leaving said point of beginning and following a line between said property owners S. 42° 57' W. 180.58 feet to an old pipe; thence continuing between said properties, N. 87° 48' 15" W. 449.41 feet to a point; thence S. 640 41' 45" W. 236.79 feet to a point; thence continuing between said properties, S. 84° 41' of °ld i-rollop top the o ar tyle 5ne M• feet e alor Weer tyle tY Herein 462 , 00. tylerc re pet e pro'P to a oint talr� a 11 d tyl feet 30' 561 ,3 •oar th ar 561 11 ° G mar c a, all pr°p5'� op stn sOL%e • 3° a� pr a--thetY ► � oogl ed ► W • rg W - er to Good tY ,scrip ortirui corn tyle roper30` X00 erce C o in i e W ltyl Stoll 'P 40 s for ne fee t �tY ptarles So ea ea tyl tyle a, 7,5' rte f prope tyle Cha..a thence W2 ► N - tyle c e VI a tYier ,09e 8L here' o in 1 ara rt it tylerc Ce 19 pr e to Tracts # a p°lte 694' tyle tyle ► ,Oetveell feeeco dar e Rf 1 Tra t ti tne feet t 4,65olt11 cjwh i sl°rd all y rara� W t 41the left 80, rete 694ea proper09 .25 rae t° radius 124 R° Mouls S , 50 tyl a c W11 J() 4,711 E, 63 . k 1j. urses tYlerce feet and 1° "10 52° 30' to tt c °int ; 143.42 als So ce S a cued whos p c is °rd edNt tyle �e W ltyl feet , 140 11 a eet acyl a 'Pot t � tyler 63.82 al.; thence 2 ems` feet) to a 'Poiarc i t lchord a pcad, So 24 feet Wylose .2� fee t) to %t-,88 try with a right is 191 60 feet) telc feet and radius OeTv 244 • th tyle to a p°is�d equals So 12" ruing VI feet ose acct !o int; thence cord 121.1 left Wyl 87 fee tooint; thence 09' W • to tyle is 269' feet) ( arc is 92.79 cube Tadi;;sW, 9$•33 feet t7 feet (chord Wylos 4� 41.22 left 53 feet) to a 13 3 'I $ e ° 0 ' We to t aius is 42.66 feet to S , a cum Jose rat 258 e to the right With and Wyl 3° 19 ° 46,whose radius is eet So 2 49 ° 11 E . f als erce S• W ityl 31 5 4° 3 2 11 e plrt � tyl therc tl 96- .4 f ece S . 14 02 15 a osenarc et �cylor oa curve e,�ence with il 79 feet and whose 155.07 eet) to to a Id equals so 470 01' 95.18 feet) °se 4oint; thence S. 800 E. 63 • left Wyl 1p Point; thence with a to th is 308 • feerc is 72.25 feet and ra'a"I 335.51 feo-et (chord equals S • 31 t E . g'7 • le le{t) to a point; thence to th icer line of RoutePoint 9 4 , cuve radius feet to the. 'aof 5gI 30,, ming approximately 31 55° uing ;an on map titled Partial cortin° 56Moulse dated March 31, So 31 ZNG 8 1984, by T. P. BEG LO aad rY acres f °' SurveY Re' 1983f 0"0 it a�°- a5 eli �,teel e�evi ,deex, �5 ara 1`1 Types a 11A� '`° alb �r�yree pl�y S,�4e ,� exoee aZa�a Xe� 5p �re� ray e $pada yrall 0r 'CO 3 e��'� as o �Y o� ell ar 4 ram 'ore°Y' re ygr� ,gyp � �o 0� • z prai�lo �o,�al re �� ��ll a�0e5 vi ipe it O�ayr �a��ar Cpl a • `� �e�lre 5ra11 A11 ae ga�i�r. alra�ee a55a�e r5 of Taal rj,5 °� �lral � Ov15j,0 t 45" W. 462.00 feet to an old iron on top of the mountain; thence along the top of the mountain with a line between the June M. Manoogian property and the property herein described, N. 5° 00, W. 561 feet to a point; thence continuing with same, N. 170 30' W. 561 feet to a point, corner to the John R. Goodman property; thence with the Goodman property, then the Charles E. Johnston property and the property herein described, N. 40° 30' E. 500 feet to a point; thence with the division line between Tracts #1 and #2, N. 870 25' 50" E. 405.15 feet to a point in the center of Virginia Secondary Route 694; thence with a new division line following the center of. Route 694 and dividing Tract #1 of the Peggy L. Moulse property and with the following courses, S. 500 08' 25" W. 41.80 feet to a point; thence with a curve to the left whose arc is 143.42 feet and whose radius is 80.06 feet (chord equals S. 10 10' 47" E. 124.99 feet) to a point; thence S. 52° 30' E. 63.06 feet to a point; thence with a curve to the right whose arc is 263.82 feet and whose radius is 197.27 feet (chord equals S. 140 ill 12" E. 244.60 feet) to a point; thence continuing with the center of the road, S. 240 09' W. 121.14 feet to a point; thence with a curve to the left whose arc is 98.88 feet and whose radius is 269.87 feet (chord equals S. 130 37' 47" W. 98.33 feet) to a point; thence S. 3° 08' W. 41.22 feet to a point; thence with a curve to the left whose arc is 92.79 feet and whose radius is 100.47 feet (chord equals S. 23° 19' 25" E. 89.53 feet) to a point; thence S. 490 46' 50" E. 42.66 feet to a point; thence with a curve to the right whose arc is 96.74 feet and whose radius is 155.07 feet (chord equals S. 31° 54' 32" E. 95.18 feet) to a point; thence S. 14° 02' 15" E. 63.87 feet to a point; thence with a curve to the left whose arc is 354.79 feet and whose radius is 308.10 feet (chord equals S. 47° O1' 37" E. 335.51 feet) to a point; thence S. 80° Oil E. 87.14 feet to a point; thence with a curve to the left whose arc is 72.25 feet and whose radius is 89.66 feet (chord equals S. 550 58' 30" E. 73.06 feet) to a point; thence continuing with the center line of Route 694, S. 310 56' E. 28.74 feet to the point of BEGINNING and containing approximately 31 acres and being as shown on map titled Partial Survey for G. Hampton Moulse dated March 31, 1983, Revised February 8, 1984, by T. P. Parker & Son, Engineers and Surveyors, Ltd. 4. That the owner has voluntarily proffered in writing the following condition which the Board of Supervisors hereby accepts: a. That the total height of shall not exceed 114 feet as determined by the FAA to present no hazard to air navigation. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor McGraw to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Nickens, McGraw NAYS: Supervisors Robers, Johnson A COPY TESTE: Brenda J. Ho ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Terry Harrington, Director, Planning & Zoning John Willey, Director, Real Estate Assessment Paul Mahoney, County Attorney AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 24, 1991 ORDINANCE 924_91=12 VACATING A 20-FOOT DRAINAGE EASEMENT LOCATED ON LOTS 21 AND 22, VISTA FOREST SUBDIVISION (PB 10, PAGE 158), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, the Roanoke County Engineering Staff has requested the Board of Supervisors of Roanoke County, Virginia to vacate a 20-foot drainage easement located on Lots 22 and 22 in the Vista Forest Subdivision, Windsor Hills Magisterial District as shown in Plat. Book 10, at page 158 of record in the Clerk's Office of the Roanoke County Circuit Court; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1- 431 of the 1950 Code of Virginia, as amended, and a first.reading of this ordinance was held on September 10, 1991; and the second reading of this ordinance was held on September 24, 1991. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 20-foot drainage easement located on Lots 21 and 22 in the Vista Forest Subdivision, Windsor Hills Magisterial District of record in Plat Book 10, at page 158, in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia, be; and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended; and, 2. That this ordinance shall be in full force and effect thirty ( 3 0) days after its final passage. All ordinances or-parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 3. That Roanoke County shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction and in addition, shall be responsible for all costs and expenses associated herewith. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw - NAYS: None A COPY TESTS: Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Terry Harrington, Director, Planning & Zoning AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 24, 1991 ORDINANCE 92491-13 VACATING A 20 -FOOT WATER LINE EASEMENT LOCATED ON TRACT 1D, VALLEYPOINTE (PB 11, PAGE 46), HOLLINS MAGISTERIAL DISTRICT WHEREAS, the Lingerfelt Development Corporation, has requested the Board of Supervisors of Roanoke County, Virginia to vacate a 20 -foot water easement located on Tract 1D, Valleypointe, in the Hollins Magisterial District as shown in Plat Book it at page 46 of record in the Clerk's Office of the Roanoke County Circuit Court; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1- 431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on September 10, 1991; and the second reading of this ordinance was held on September 24, 1991. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 20 -foot water line easement located on Tract 1D, Valleypointe, in the Hollins Magisterial District, of record in Plat Book it at page 46 in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended; and, 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or -parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 3. That Lingerfelt Development Corporation shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transac- tion and in addition, shall be responsible for all costs and expenses associated herewith. 4. That as a further condition to the adoption of this ordinance, the Board of Supervisors of Roanoke County, Virginia, shall be indemnified of and held harmless from and against all claims for damages to any improvements 'or structures within the old easement area by Lingerfelt Development Corporation, their heirs, successors, or assigns. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: Brenda J. H on, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Terry Harrington, Director, Planning & Zoning