HomeMy WebLinkAbout12/17/1991 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, DECEMBER 17, 1991
RESOLUTION 121791-1 OF CONGRATULATIONS TO WILLIS
BUCHANAN FOR RECEIVING THE GOVERNORIS AWARD FOR
EXCELLENCE IN EMERGENCY MEDICAL SERVICES
WHEREAS, Willis Buchanan has been active in Roanoke
County Volunteer Fire and Rescue #5 - Hollins, and has served as
an officer in that department for 23 years; and
WHEREAS, Willis Buchanan has served as Chaplain for the
Roanoke County Fire and Rescue Department since 1981, providing an
invaluable service to the men and women who respond to emergency
situations and disasters on a daily basis; and
WHEREAS, Chaplain Buchanan has also been active in
various local and state organizations, including the Roanoke Valley
Association of Rescue Squads, the Julian Stanley Wise Foundation,
the Western Virginia E.M.S. Council, and the Virginia Association
of Volunteer Rescue Squads; and
WHEREAS, through these activities, "Buck" Buchanan has
provided an invaluable service to all the citizens of Roanoke
County; and
WHEREAS, Chaplain Buchanan recently received the
Governor's Award for Excellence in Emergency Medical Services.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, does hereby express
sincere congratulations on behalf of itself and the citizens of
Roanoke County to WILLIS BUCHANAN for receiving this state-wide
recognition; and
FURTHER, BE IT RESOLVED, that the Board also extends its
appreciation and gratitude to Chaplain Buchanan for his services
to the emergency personnel of Roanoke County.
On motion of Supervisor Eddy to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Nickens, McGraw
NAYS: None
ABSENT: Supervisor Johnson
A COPY TESTE:
Mary H. Al en, Clerk
Roanoke County Board of Supervisors
cc: File
Resolutions of Congratulations File
Thomas C. Fuqua, Chief, Fire & Rescue
ATYA REGULAR MEETING OF THE
COUNTY, VIRGINIA, HELD AT THE RO BOARD OF SUPERVISORS OF ROANOKE
ON TUESDAY ROANOKE COUNTY ADMINISTRATION CENTER
, DECEMBER 17, 1991
ROSRD OF N 121-- �g� E$PRESSING THE APPRECIATION
THOMPSON FOR 1SUPE5 yF;ARB O OF OF T$E
ROANOKE COUNTY TO JEAN D.
F SERVICES TO ROANOKE COUNTY
WHEREAS, Jean D. Thompson was first employed in
1976, as a Clerk Typist iAugust,
n the Social Services Department; and
WHEREAS, Jean D. Thompson also served as a Clerk
the Social Services Department;
III in
partment; and
WHEREAS, Jean D. Thompson, through her employment with
Roanoke County, has been instrumental in improving the quality of
its citizens.
NOW, THEREFORE, BE IT RESOLVED that the
Supervisors Board of
of Roanoke County, Virginia, expresses its d
appreciation and the appreciation
Ppreciation of the citizens of Roanoke County
to JEAN D. T$OMPSON for fifteen years of
capable, loyal and
dedicated service to Roanoke County.
FURTHER, the Board of Supervisors does express
wishes for a ha its best
PPY, restful, and productive retirement.
On motion of Supervisor Eddy to adopt the resolu
carried by the followingtion, and
recorded vote:
AYES: Supervisors Eddy, Robers, Nickens, McGraw
NAYS: None
ABSENT: Supervisor Johnson
A COPY TESTE:
lG2� )KI.
Mary H. XIlen, Clerk
Roanoke County Board of Supervisors
cc: File
Resolutions of Appreciation 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, DECEMBER 17, 1991
RESOLUTION 121791-3 OF APPRECIATION TO RICHARD W.
ROBERS FOR HIS SERVICE AS A MEMBER OF THE ROANOKE
COUNTY BOARD OF SUPERVISORS
WHEREAS, Richard W. Robers was first elected to the
Roanoke County Board of Supervisors from the Cave Spring
Magisterial District in 1987; and
WHEREAS, Mr. Robers served the County of Roanoke
tirelessly and selflessly for a period of four years, devoting many
hours to the business of Roanoke County, both as a member of the
Board, Vice Chairman for 1988 and 1989, and Chairman for 1990, and
in all capacities, Mr. Robers served capably the citizens of the
County; and
WHEREAS, during his term, Mr. Robers served with
distinction on the Audit Committee, Regional Airport Commission,
Western Virginia Development Corporation, Clean Valley Committee,
Roanoke Valley Cooperation Committee, Fifth Planning District
Commission, Sesquicentennial Committee and Roanoke County Resource
Authority; and
WHEREAS, Mr. Robers was instrumental in the establishment
of the Economic Bridges Program and funding for the Smart Highway.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County, Virginia, does hereby express its
deepest appreciation and the appreciation of the citizens of
Roanoke County to RICHARD W. ROBERS for his capable, loyal and
dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors wishes Mr. Robers
continued success in all his future endeavors and hopes that he
will continue his involvement with and concern for the citizens of
Roanoke County.
On motion of Supervisor Eddy to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Nickens, McGraw
NAYS: None
ABSENT: Supervisor Johnson
ABSTAIN: Supervisor Robers
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Resolutions of Appreciation 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, DECEMBER 17, 1991
RESOLUTION 121791-4 OF APPRECIATION TO STEVEN A.
MCGRAW FOR HIS SERVICES AS A MEMBER AND AS CHAIRMAN
OF THE ROANOKE COUNTY BOARD OF SUPERVISORS FOR 1985
AND 1991
WHEREAS, Steven A. McGraw was first elected to the Board
of Supervisors of Roanoke County from the Catawba Magisterial
District in 1983, and was reelected in 1987; and
WHEREAS, Mr. McGraw served the County of Roanoke
tirelessly and selflessly for a period of eight years, devoting
many hours to the business of Roanoke County both as a member of
the Board, Vice Chairman for 1990, and Chairman for 1985 and 1991,
and in all capacities, Mr. McGraw served capably the citizens of
the County; and
WHEREAS, during his term, Mr. McGraw served with
distinction on the Blue Ridge Region Commission, Sesquicentennial
Committee, Roanoke Valley Cooperation Committee, Cablevision
Committee, Cablevision Negotiating Subcommittee, and Roanoke County
Resource Authority; and
WHEREAS, Mr. McGraw further served the citizens as
President of the Virginia Association of Counties, President of the
Blue Ridge Region of Virginia, Incorporated, member of the Grayson
Commission, and Chairman of the VACo/VML Task Force on Annexation.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County, Virginia, on behalf of all its
citizens, does hereby extend its gratitude and appreciation to
STEVEN A. MCGRAW for his many significant contributions to the
County as Member, Vice Chairman and Chairman of the Board of
Supervisors; and
FURTHER, the Board of Supervisors does wish Mr. McGraw
continued success in his newly elected office as Clerk of the
Circuit Court of Roanoke County.
On motion of Supervisor Eddy to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Nickens
NAYS: None
ABSENT: Supervisor Johnson
ABSTAIN: Supervisor McGraw
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Resolutions of Appreciation 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, DECEMBER 17, 1991
RESOLUTION 121791-5 OF APPRECIATION TO ELIZABETH W.
STORES FOR HER SERVICES AS CLERK OF THE CIRCUIT
COURT FOR ROANOKE COUNTY
WHEREAS, Elizabeth W. Stokes has served Roanoke County
for thirty years, having been employed by the Roanoke County School
Administration from 1961 until 1967; and
WHEREAS, Mrs. Stokes was elected Clerk of the Circuit
Court for Roanoke County in 1967, and was reelected to that office
in 1975, and 1983; and
WHEREAS, Mrs. Stokes has held leadership positions in
numerous organizations including the Virginia Association of
Counties; the National Association of Counties; the National
Association of Clerks and Recorders; and the Virginia Circuit Court
Clerks Association; and
WHEREAS, Mrs. Stokes was selected the National Clerk of
the Year in 1987 by the National Association of Clerks and
Recorders; and
WHEREAS, Mrs. Stokes has served on numerous committees
and advisory boards on both the state and national level and has
served since 1974 as the County appointee to the Total Action
Against Poverty Board of Directors; and
WHEREAS, Mrs. Stokes did at all times act with
distinction, exhibiting her outstanding ability to serve the best
interest of all the citizens of Roanoke County.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County, Virginia, does express its deepest
appreciation and the appreciation of the citizens of Roanoke County
to ELIZABETH W. STOKES for her many years of capable, loyal and
dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does wish Mrs. Stokes
continued success in all her future endeavors.
On motion of Supervisor Nickens to adopt the resolution,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Nickens, McGraw
NAYS: None
ABSENT: Supervisor Johnson
A COPY TESTE:
Y%lcz�K _A/.
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Resolutions of Appreciation 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, DECEMBER 17, 1991
RESOLUTION 121791-6 OF APPRECIATION TO MICHAEL F.
KAVANAUGH FOR HIS SERVICES AS SHERIFF OF ROANOKE
COUNTY
WHEREAS, Michael F. Kavanaugh has served Roanoke County
for eighteen years, having been employed by the Roanoke County
Sheriff's Department from 1969 until 1983; and
WHEREAS, Mr. Kavanaugh was elected Sheriff of Roanoke
County in 1987; and
WHEREAS, Sheriff Kavanaugh has been active in various
organizations, including the American Society for Public
Administrators, the National Criminal Justice Association, the
Virginia Association of Law Enforcement Explorer Advisors, the
Virginia Crime Prevention Association, the North American
Association of Wardens, the Virginia State Sheriff's Association,
the National Sheriff's Association; and the Virginia Association
of Counties; and
WHEREAS, Sheriff Kavanaugh established the Inmate Work
Force Program which was recognized by an award from the National
Association of Counties, and instituted the Inmate Literacy
Program; and
WHEREAS, during Sheriff Kavanaugh's tenure in office,
the jail received 100% certification from the Virginia Department
of Corrections.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County, Virginia, does express its deepest
appreciation and the appreciation of the citizens of Roanoke County
to MICHAEL F. KAVANAUGH for his many years of capable, loyal and
dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does wish Mr. Kavanaugh
continued success 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, Nickens, McGraw
NAYS: None
ABSENT: Supervisor Johnson
A COPY TESTE:
� _A/
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Resolutions of Appreciation File
D. Keith Cook, Director, Human Resources
ACTION NO. A-121791-7
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 17, 1991
AGENDA ITEM: Appropriation of proceeds from the sale of Shamrock
Park
COUNTY ADMINISTRATOR'S COMMENTS:
Emergency repairs are a must and we have received an excellent
bid. This will also complete our obligation for Green Hill Park.
Recommend approval.
EXECUTIVE SUMMARY:
At the December 3, 1991 meeting of the Board of Supervisors,
there was discussion as to whether the proceeds from the most
recent sale of land from the Shamrock Park site was placed in the
Capital Reserve Fund or transferred to an account for the
development of Green Hill Park. The proceeds from the sale of this
land to Medeco was $34,914 which was placed in the Capital Fund.
On November 19, the Board appropriated $12,500 for the traffic
light on Peters Creek Road from this fund leaving a net balance
(including the balance at the beginning of the fiscal year) of
$28,511. This report will provide the chronology of events
surrounding this transaction and will suggest ways that the Board
of Supervisors might consider for the disposition of these monies.
BACKGROUND:
May 10, 1983
At the May 10, 1983 meeting of the Board of Supervisors, the
Board considered several properties as being surplus for sale
including two properties in the Glenvar area being used as
parks, namely Shamrock Park and McVitty Park. Based on
comments by residents of the Glenvar area, the Board voted
"that the land in Glenvar be permanently set aside for
recreation unless and until an equivalent or better recreation
site is developed in cooperation with the citizens of the
area." (Attachment A)
The land located adjacent to the Fort Lewis Public Safety
Building (McVitty Park) was sold to Lewis Gale Foundation in
exchange for property used to locate the new Back Creek Public
Safety Building plus cash of $100,000. The net proceeds of
$100,000 was placed into the Green Hill Park account for the
development of the recreational facilities.
1
The land of Shamrock Park was exchanged for the property
used as McVitty Field, (previously owned by Richfield) to make
the land holdings more compatible for the property owners.
Arrangements were made with both Lewis Gale Foundation and
Richfield to allow continued use of the fields until Green
Hill Park was ready for use.
October 24, 1989
On October 24, 1989, the Board of Supervisors authorized
the sale of 10 acres of land (old McVitty Field) at a price
of $230,000 (Attachment B). Staff prepared a listing of
suggested items for inclusion at Green Hill Park utilizing the
proceeds from the sale of land which the Board approved on
November 15, 1989 (Attachment C).
December 19, 1989
The action of October 24 was rescinded on December 19,
1989 when the original sale was not consummated and a new sale
of 5 acres was approved for $115,000 (Attachment D). A
revised list of priority items not to exceed $115,000 was
approved by the Board and monies were to be transferred from
the Capital Reserve Fund when the proceeds were received.
This list included monies to relocate existing fencing from
the Glenvar area ball fields to Green Hill Park, provide
dugout fencing, build 1 soccer field, build 1 T -ball field
without fencing, construction of the combination Concession,
Restroom, Storage facility with related utilities, and provide
park signage. These improvements were completed in the Spring
of 1990.
May 19, 1990
On Saturday, May 19, 1990, Green Hill Park was officially
dedicated with four regulation youth ball fields, one T -ball
field, and one regulation outdoor soccer field. A combination
concession stand, restrooms, and storage facility were
finished later in the summer of 1990 thus completing the
equivalent playing facilities from the Glenvar area to Green
Hill Park.
March 26, 1991
On March 26, 1991, the Board of Supervisors authorized
the sale of 1.78 acres from the old McVitty Field property to
Medeco with the funds allocated to the Capital Fund
(Attachment E). This sale was finalized and the monies were
received August 1, 1991.
Summer of 1991
During the summer of 1991, the Roanoke Symphony spent
nearly $100,000 developing a new polo field at Green Hill Park
which has the potential for use as soccer fields except during
the time of the polo match.
2
Current Conditions
The playground equipment located behind the Glenvar Library
remains a part of the County property and is still available for
use by the community.
Staff feels that the Board of Supervisor's commitment to
provide "an equivalent or better recreation site" for the Glenvar
site has been satisfied. Green Hill Park has a master plan for
development and its overall development should be prioritized with
all other park needs of the County as a part of the Capital
Improvements Program process. The total cost of developing all of
our existing park sites would range from 10 to 15 Million dollars.
This type of improvement, like all other capital improvements,
would have to be approved by the Board of Supervisors and funded
through the sale of bonds, grants, public/private partnerships,
donations, or the normal budget process.
The proceeds of $34,914 were correctly placed in the Capital
Fund in August, 1991. Staff suggests using the balance of the
proceeds ($28,511) to fund the following priorities within the
Parks and Recreation system:
1. Repair the lights at the Roanoke County Career Center
field (Old William Byrd High School). Two poles were
determined to be unsafe this summer (1991) and were
temporarily replaced with two smaller poles so that the
football season could be completed at that site. A more
permanent solution at this site is required including the
proper replacement of poles, alignment of lights, checking of
switch gear and wiring, and generally removing a safety
hazard. The remaining poles have been tested and are felt to
be safe. The estimated cost of the required work is $10,000
and has been rated as the top priority of the County staff.
2. Playground equipment at Green Hill Park near the athletic
fields and picnic areas would be a welcome addition to the
site. Although the community has not lost the use of the
existing equipment behind the Glenvar Library, equipment at
Green Hill Park would make for better family entertainment at
this regional park facility. Appropriate equipment for this
site is estimated at $10,000.
3. Leave the balance ($8,511) in the capital reserve fund
to be appropriated by the Board of Supervisors for future
capital items.
FISCAL IMPACT•
The $28,511 remains in the Capital Fund awaiting appropriation
by the Board of Supervisors.
3
ALTERNATIVES:
1. Appropriate up to $10,000 from the Capital Fund to cover
the emergency repairs at the Roanoke County Career Center ball
field lights and up to $10,000 to cover the cost of playground
equipment at Green Hill Park. The balance of $8,511 would remain
in the Capital Fund.
2. Appropriate $28,511 to cover playground equipment and
other improvements to be prioritized at Green Hill Park.
3. Leave the $28,511 in the Capital Fund and consider all
projects for their own merit in the budget process.
RECOMMENDATION:
Staff recommends alternative number 1. The Parks and
Recreation Advisory Commission members, and recreation leaders from
the Glenvar area and Vinton area have been advised of this
suggestion by telephone and copy of this report. This action of
providing the playground equipment would fully satisfy the
commitment made by the Board of Supervisors in 1983 to provide
comparable facilities at the Green Hill Park site.
Respectfully submitted,
ohn M. Chambliss, Jr.
Assistant Administrator
Approved ( x)
Denied ( )
Received ( )
Referred ( )
To ( )
Approved by,
Ate,
Elmer C. Hodge
County Administrator
ACTION VOTE
Motion by: Harry C. Nickens No Yes
to approve staff recommendation Eddy x
Johnson
McGraw
Nickens
Robers
cc: File
Steve Carpenter, Director, Parks & Recreation
Diane Hyatt, Director, Finance
John Chambliss, Assistant County Administrator
4
x
X
x
Abs ent
W.�
ACTION # A-121791-8
ITEM NUMBER Z -3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 17, 1991
AGENDA ITEM: Authorization for County Staff to Negotiate Options
and Drill Well Sites in the Vicinity of the Forest
Edge and Carriage Hills Subdivisions
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The existing wells in the Forest Edge Subdivision were not able to
keep up with the domestic demand during the recent two-month
drought. It was necessary to prohibit all outdoor use of water in
order to maintain adequate water for fire protection. In addition,
it was necessary to haul 105,000 gallons of water in order to
maintain an adequate supply.
Due to the low production of the existing wells, the Virginia
Health Department has requested that Roanoke County discontinue the
issuance of building permits for any new houses in the Forest Edge
Subdivision until additional water supply is provided. They have
also requested that the Roanoke County Health Department
discontinue the issuance of septic tank drain field permits in this
subdivision.
Staff proposes to drill additional wells in the Forest Edge area
in order to provide adequate water supply for existing approved
lots. The estimated cost for this work is $50,000.
ALTERNATIVES AND IMPACTS:
Alternative No. 1. The County Administrator be authorized to take
necessary action in order to obtain options for well sites in the
Forest Edge area, and staff be allowed to drill on potential
productive sites. Funds are available within the 1991 Capital
Improvement Program that was contained in the recent bond sale.
�D-3
Alternative No. 2. No additional wells would be drilled in the
Forest Edge area. The restriction on new building permits and
outdoor use of water would continue in order to maintain adequate
water for fire fighting and existing indoor domestic use.
STAFF RECOMMENDATION:
Staff recommends Alternative no. 1 with the understanding that the
water be used only to supply existing lots of record that currently
have County water services installed.
SUBMITTED BY: APPROVED:
CR�:� L�z4a
Cliffor r ig, P.E.
Utility Di ector
&1-� i6�9!
Elmer C. Hodge
County Administrator
ACTION VOTE
Approved (x) Motion by: Harry C. Nickens No
Denied ( ) Substitute motion to approve Eddy _
Received ( ) staff recommendation Johnson _
Referred McGraw _
to Nickens _
Robers
cc: File
Clifford Craig, Director, Utility
Arnold Covey, Director, Engineering & Inspections
Yes Abs ent
X
x
x
X
X
DEC.- b-9 1 Fit I 13 : 44 L.EK I NG TON R �1 f`f'
P 02
�c L6�
Q -C 1d -
COMMONWEALTH of VIRGINIA
C.M.Q. BUTTERY, M.O. Department of Health 129 SOUTH PAMOIIM+nREET
Office of Water Programs `0�`
Environmental Ef1gltleedng Field Office
PAX (103) 404M
December 6, 1,991
SUBJECT: Roanoke County
Water - Forest Edge
Mr. C l i fford Craig, F'. E.
Director
Roanoke County Utility Department
1206 Kessler Mill Road
Salem, Virginia 24159
Dear Mr. Craig:
rn regard to the Forest Edge water system, the water syetem is
limited by source capacity. Due to recent drought conditions, the
well capacities have decreased to the point that the water system
can not support additional residential development.
Therefore, wV are requesting that Roanoke County discontinue the
issuance of building permits for any new houses that are propveed
to be connected to the water system until such time that additional
source capacity is provided.
By a copy of this letter, we are also requesting that the Roanoke
County Health Department discontinue the issuance of septic tank --
drain field installation permits for now houses that acre proposed
to be connected to this water system.
We will notify your office and the Roanoke County Health Department
when the above request can be rescinded.
Thank you for your assistance in this matter. If you have any
questions, please contact us.
Sincerely,
Jesse O. Mayhew
District Engineer
JDM/cw
cc: J. T. Nininger - Roanoke county Building Official
Roanoke County Health Department - Margaret L. Hagan, M.D.
VDH -- Richmond Central
ACTION # A-121791-9
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 17, 1991
SUBJECT: Approval of Amendments to the Smoking Policy for
Roanoke County Government Buildings
COUNTY ADMINISTRATOR'S COMMENTS: kV71 lr_�
BACKGROUND INFORMATION: The Roanoke County Smoking Policy
Committee, a group made up of employees from various County
departments, was asked to review the current regulations governing
smoking within County buildings. The Committee was given the task
of developing a policy that would respect the rights of both
smokers and nonsmokers, and also meet the requirements of the
Virginia Clean Indoor Air Act. The -current smoking policy does not
meet those requirements.
After many committee meetings and substantial opportunities
for employee input, the Smoking Policy Committee adopted a formal
recommendation.
SUMMARY OF INFORMATION: The Smoking Policy Committee recommends
that, effect January 1, 1992, one room within each County Govern-
ment Building be designated as the only authorized smoking area
for that building. Where it is not possible to designate an
authorized smoking area within a County Building, no smoking will
be allowed. The Committee further recommends that all County
Buildings be designated as completely "smoke free", effective
January 1, 1992. "Smoke free" means that there will be no smoking
permitted anywhere within the buildings. This policy applies to
the general public, employees and anyone else using County
buildings. The policy does not apply to the Roanoke County
Courthouse, where the judges have chosen to implement a different
set of regulations.
The Committee also recommended two amendments to the handbook
which pertain to this policy. The first adds violation of the
county smoking policy to the list of infractions for which
reprimands can be given, and the second amendment specifically
allows break periods of fifteen minutes in the morning and fifteen
minutes in the afternoon. It is assumed that employees who smoke
would use these periods to do so. Copies of the amendments are
attached.
To help County employees adjust to the January 1, 1993 smoke
free environment, the Committee recommends the following:
o The County should offer an introductory session to motivate
and prepare those wishing to quit smoking;
o The County should offer three or more alternatives for
those who wish to stop smoking:
o Reimbursement for Nicorette gum or the new Nicotine
Patch Therapy Program;
o Purchase the "Smokenders" Cassette Tape Program;
and
o Offer the "Smokeless" Program sponsored by Community
Hospital at County work sites. The Committee also
recommends that County employees be reimbursed for
attending the smoking cessation sessions and that
employees be offered time -off to attend.
This type of assistance is in line with other types offered
to employees through the EAP and various wellness programs.
FISCAL IMPACT: It is estimated that the total cost to implement
the recommendations to assist County employees to stop smoking will
not exceed $1,500. The only cost will be for the reimbursement of
either Nicorette Gum or the Nicotine patch Therapy Program and the
purchase of two "Smokenders" Cassette Tape Programs. Funds could
be allocated from the Board Contingency Fund.
ALTERNATIVES•
1. Approve the new smoking policy for County -owned buildings
and the related handbook amendments, effective January 1,
1992.
2. Do not amend the policy concerning smoking for the County
of Roanoke and retain current associated policies which allow
for numerous designated smoking areas within each County
building, including individual offices. This policy violates
the State Clean Indoor Air Act, as it permits offices open to
the public to be designated as smoking areas.
w
RECOMMENDATION: Staff recommends Alternative Number 1.
Ste hen H. Carpenter
Director, Parks and Recreation
Chairman, Smoking Policy
Committee
Approved
Denied
Received
Referred
To
cc: File
,�L ) a.��
Elmer C. Hodge
County Administrator
ACTION VOTE
( Motion by: Harry c. N;rkPns No Yes Abs ent
( ) substitute motion that Eddy x
( ) smoking in those buildings Robers x
under County control be Johnson x
eliminated effective Januar)Nickens x
1, 1992; with smoking takin44cGraw x
place outside; and matter to be
referred back to the Smoking Committee to find
the percent of County employees who smoke and the
cost for reimbursing employees for smoking cessation
programs
Stephen H. Carpenter, Director, Parks & Recreation
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, DECEMBER 17, 1991
RESOLUTION 121791-10 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM R - 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 December 17, 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 8, inclusive, as follows:
1. Approval of 50/50 raffle permit for Women of the
Moose #1022.
2. Approval of Bingo permit for Roanoke Moose Lodge
#284.
3. Approval of 50/50 Raffle permit for Roanoke Moose
Lodge #284.
4. Confirmation of Committee Appointments to the
Grievance Panel and Social Services Board.
5. Authorization to declare certain furniture as
surplus property located in the Clerk of Circuit
Court's Office.
7. Amendments to Special Exception Permit Conditions
and Operating Policies for Smith Gap Landfill.
8. Approval of 50/50 Raffle permit for Northside
Booster Club.
2. That the Clerk to the Board is hereby authorized and
directed where required by law to set forth upon any of said items
the separate vote tabulation for any such item pursuant to this
resolution.
On motion of Supervisor Johnson to approve consent
resolution with items 2, 3, 6, and 7 removed for separate vote,
with item 6 to be discussed in Executive Session, and carried by
the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
On motion of Supervisor Johnson to approve item 2, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens
NAYS: None
ABSTAIN: Supervisor McGraw
On motion of Supervisor Johnson to approve item 3, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens
NAYS: None
ABSTAIN: Supervisor McGraw
On substitute motion of Supervisor Eddy to approve item
7 with changes on page 1, 16, and 17, and carried by the following
recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
A COPY TESTE:
�Cv' au��
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Diane Hyatt, Director, Finance
John Hubbard, Assistant County Administrator
ACTION NO. A -121791-10.a
ITEM NUMBER k #
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 17, 1991
AGENDA ITEM: Request for approval of a 50/50 Raffle Permit for
calendar year 1992 from the Women of the Moose #1022
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Women of the Moose #1002 has requested a permit to hold 50/50
raffles in Roanoke County for the calendar year 1992 on the dates
listed in the application. This application has been reviewed with
the Commissioner of Revenue and he recommends that it be approved.
The application is on file in the Clerk's Office.
The organization has paid the $25.00 fee.
STAFF RECOMMENDATION:
It is recommended that the application for a 50/50 Raffle Permit
for the calendar year 1992 from the Women of the Moose #1022 be
approved.
SUBMITTED BY: APPROVED BY:
09
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
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 APP CATION
IS FOR: (check one)
''7 y
)
RAFFLE E MIT
BINGO GAMES
Name of Organization
Street Address
%' �� / J0z1
J
xx/'
Mailing Address
T
�
City, State, Zip
Code
Purpose and Type
of Organization4
c c,',
When was the organization founded?
1
Roanoke County meeting place?�
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 #
Attach copy of IRS Tax Exemption letter.
.Officers of the Organization:
Address: % '// -,v,.� J) ✓, n �. Address: '36 0, , (Z j
Se^��_/)(_1C C
y: ts ta-Lc Treasurer:
/
Address : ��i � . / i.( 1�.�cc L- / Z�Address:/
Member authorized to be responsible for Raffle or Bingo opera-
tions:
Name
i
Home Address�`12�c U �� i���-'���19
Phone 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.
RAFFLES. Date of Drawin ��
• g,���T99,1-- Time of Drawing
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.
1'2� 3
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et
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IL
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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?
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?-
eoi
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 organiz ion 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?
8. Does your organizatiob 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?
7-
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?
10. Does your organization understand that this permit is valid
only in the County of Roanoke and only at such locations, and for
such dates, as are designated in the permit application?
11. Does your organization understand that no person, except a
bona fide member of any such organization who shall have been a
member of such organization for at least ninety days prior to
such participation, shall participate in the management, opera-
tion, or conduct of any bingo game or raffle, and no person
shall receive any remuneration for participating in management,
operation, or conduct of any such game or raffle?
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?
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?
r
5
14. Has your organization attached a complete list f its member-
ship to this application formvA)�-;/
15. Has your organization attached a copy of its bylaws to this
application form? .00- ox) We--
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? /Y
real, personal 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 Chatable
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.
ori Z i,'i.�as.-rz�txQn e•
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199�,
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ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE
NOTARIZATION
RAFFLE APPLICANTS, GO TO NOTARIZATION.
20. Does your organization understand that the bingo games shall
not be conducted more frequently than two calendar days in any
calendar week?
21. Does your organization understand that it is required to keep
complete records of the bingo game. These records based on §18.2-
340.6 of the Code of Virginia and §4.98 of Roanoke County Code
must include the following:
a. A record of the date, quantity, and card value of instant
bingo supplies purchased, as well as the name and address of
the supplier of such instant bingo supplies, and written
invoice or receipt is also required for each purchase of in-
stant bingo supplies?
b. A record in writing of the dates on which Bingo is played,
the number of people in attendance on each date, and the
amount of receipts and prizes on each day?
(These records must be retained for three years.)
c. A record of the name and address of each individual to whom a
door prize, regular or special Bingo game prize or jackpot
from the playing of Bingo is awarded?
d. A complete and itemized record of all receipts and disburse-
ments which support, and that agree with, the quarterly and
annual reports required to be filed, and that these records
must be maintained in reasonable order to permit audit?
22. Does your organization understand that instant Bingo may only
be conducted at such time as regular Bingo game is in progress,
and only at such locations and at such times as are specified in
this application?
23. Does your organization understand that the gross receipts in
the course of a reporting year from the playing of instant Bingo
may not exceed 33 1/3% of the gross receipts of an organization's
Bingo operation?
24. Does your organization understand it may not sell an instant
Bingo card to an individual below sixteen years of age?
25. Does your organization understand that an organization whose
gross receipts from all bingo operations that exceed or are ex-
pected to exceed $75,000 in any calendar year shall have been
granted tax-exempt status pursuant to Section 501 C of the United
States Internal Revenue Service?
(Certificate must be attached.)
7
26. Does 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 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:
Subscribed and sworn before me, this
My commission expires:
19
RETURN THIS COMPLETED APPLICATION TO:
day
Notary Public
COMMISSIONER OF THE REVENUE
P.O. Box 20409
Roanoke, VA 24018-0513
8
res, _4 S�a��
19
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.
44
Date , Comm ssione of the venue
The above application is not approved.
Date
E
Commissioner of the Revenue
ACTION NO. A -121791-10.b
ITEM NUMBER /--� - Z
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 17, 1991
AGENDA ITEM: Request for approval of a Bingo Permit for calendar
year 1992 from the Roanoke Moose Lodge #284
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Roanoke Moose Lodge #284 has requested a permit to hold Bingo
games in Roanoke County for the calendar year 1992 on the dates
listed in the application. This application has been reviewed with
the Commissioner of Revenue and he recommends that it be approved.
The application is on file in the Clerk's Office.
The organization has paid the $25.00 fee.
STAFF RECOMMENDATION:
It is recommended that the application for a Bingo Permit for the
calendar year 1992 from the Roanoke Moose Lodge #284 be approved.
SUBMITTED BY: APPROVED BY:
Mary H. llen� Elmer C. Hodge
Clerk to the Board County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (X) Motion by: Bob L. Johnson No Yes Abs tain
Denied ( ) Eddy X
Received ( ) Johnson x_
Referred ( ) McGraw X_
To ( ) Nickens
c
Robers x
c: File
Bingo/Raffle File
COUNTY OF ROANOKE, VIRGINIA
COMMISSIONER OF THE REVENUE
APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO
Application is hereby made for a bingo game or raffle permit.
This application is made subject to all County and State laws,
ordinances, rules, and regulations now in force, or that may be
enacted hereafter and which are hereby agreed to by the under-
signed applicant and which shall be deemed a condition under
which this permit is issued.
All applicants should exercise extreme care to ensure the accura-
cy of their responses to the following questions. Bingo games
and raffles are strictly regulated by Title 18.2-340.1 et. sec.
of the criminal statutes of the Virginia Code, and by Section
4-86 et. seg. of the Roanoke County Code. These laws authorize
the County Board of Supervisors to conduct a reasonable investiga-
tion prior to granting a bingo or raffle permit. The Board has
sixty days from the filing of an application to grant or deny the
permit. The Board may deny, suspend, or revoke the permit of any
organization found not to be in strict compliance with county and
state law.
Any person violating county or state regulations concerning these
permits shall be guilty of a Class 1 misdemeanor. Any person who
uses any part of the gross receipts from bingo or raffles for any
purpose other than the lawful religious, charitable, community,
or educational purposes for which the organization is specifi-
cally organized, except for reasonable operating expenses, shall
be -guilty of a Class 6 felony.
THIS APPLICATION IS FOR: (check one)
RAFFLE PERMIT BINGO GAMES };
Name of Organization ROANOKE MOOS: LODGE #284
Street Address 3233 CATAWBA VALLEY DRIVE
Mailing Address P.O. Box 538
City, State, Zip Code SALEM, VIRGIPJIA 24153
Purpose and Type of Organization FRATERNAL
When was the organization founded? 1915
1
Roanoke County meeting place? MOOSE HOME
Has organization been in existence in Roanoke County for two con-
tinuous years? YES X NO
Is the organization non-profit? YES x NO
Indicate Federal Identification Number # 54-0287492
Attach copy of IRS Tax Exemption letter.
Officers of the Organization:
President: RICE A. MCNUTT Vice -President DAVID MULLINS
Address: 30 BIRCH DRIVE Address: 3600 CATAWBA VALLEY DRIVE
BLUE RIDGE, VA. 24064 SALEM, VA. 24153
Secretary: EDWARD F. MULLIKIN, JR. Treasurer: CLAUDE N. STUMP
Address: 4016 CRAVENS CREEK RD, Address: 2619 CREEKWOOD DRIVE
ROANOKE, VA. 24018 SALEM, VA. -4153
Member authorized to be responsible for Raffle or Bingo opera-
tions:
Name ,TAMES E. GARLICK
Home Address 605 HEMLOCK RD. SALEM, VA. 24153
Phone 343-3123 Bus . Phone 344-7363
A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBER-
SHIP MUST BE FURNISHED WITH THIS APPLICATION. ON FILE
Specific location where Raffle or Bingo Game is to be conducted.
MOOSE LODGE, 3233 CATAWBA VALLEY DR. SALEM, VA. 24153
RAFFLES: Date of Drawing Time of Drawing
BINGO: Days of Week & Hours of Activity:
Sunday
X Monday
Tuesday
Wednesday
X Thursday
Friday
Saturday
From
To
From 7:00
To 10:30PM
From
To
From
To
From 7:00
To 10:30PM
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.
CHARITABLE & EDUCTIONAL SUCH AS:
PERSONNEL VEHICLE FOR FIRE DEPT.
AFTER PROM PARTIES FOR HIGH SCHOOLS
VIRGINIA COOPERATIVE EXTENSION SERVICE MEETING
NATIONAL DYSLEXIA FOUNDATION SUPPORT
CATAWBA HOSPITAL SUPPORT
RESCUE SQUAD EQUIPMENT
HANDICAPPED BOWLERS
HANDICAPPED OLYMPICS
3
BINGO: Complete the following:
Legal owner(s) of the building where BINGO is to be conducted:
Name: ROANOKE MoOSF, t.nnr,F #284
Address: P.O. BOK 538 SALEM- VA. 24153
County ROANOKE State VA Zip 24153
Is the building owned by a 501-C non-profit organization? YES
Seating capacity for each location: 700
Parking spaces for each location: 700
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 54,788
2nd Quarter 87.020
3rd Quarter 107,394
4th Quarter 117,901
Total 367,103
1st Quarter 7,638,40
2nd Quarter 15,505.60
3rd Quarter 21,832,80
4th Quarter 25,590,40
Total 70,567,20
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? YES
4. Does your organization understand that the Commissioner of
the Revenue or his designee has the right to go upon the premises
on which any organization is conducting a Bingo game or raffle,
to perform unannounced audits, and to secure for audit all re-
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?
Y66
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? YFS
8. Does your organization understand that each Financial Report
must be accompanied by a Certificate, verified under oath by the
Board of Directors, that the proceeds of any Bingo game or raffle
have been used for these lawful, religious, charitable, commu-
nity, or educational purposes for which the organization is spe-
cifically chartered or organized, and that the operation of Bingo
games or raffles have been in accordance with the provisions of
Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia? YES
9. Does your organization understand that a two percent audit
fee of the gross receipts must be paid to the County of Roanoke
upon submission of the annual financial report due on or before
the first of November? YES
10. Does your organization understand that this permit is valid
only in the County of Roanoke and only at such locations, and for
such dates, as are designated in the permit application? YES
11. Does your organization understand that no person, except a
bona fide member of any such organization who shall have been a
member of such organization for at least ninety days prior to
such participation, shall participate in the management, opera-
tion, or conduct of any bingo game or raffle, and no person
shall receive any remuneration for participating in nagement,
operation, or conduct of any such game or raffle? Yff
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
A
14. Has your organization attached a complete list of its member-
ship to this application form? or, FTT,F.
15. Has your organization attached a copy of its bylaws to this
application form? ()N FTTY
16. Has the organization been declared exempt from property taxa-
tion under the Virginia Constitution or statutes? YES
If yes, state whether exemption is for real, personal property,
or both and identify exempt property. REAL ESTATE
17. State the specific type and purpose of the organization.
FRATERNAL, PION -PROFIT, CHARITABLE
18. Is this organization incorporated in Virginia? YES
If yes, name and address of Registered Agent:
EDWARD F. MULLIKIN. JR
4016 CARVENS CREEK RD
ROANOKE. VA. 24018
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
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? 7FG
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? VRO
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? YES
(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? YES
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? Y.S
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? VF_(;
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? YES
24. Does your organization understand it may not sell an instant
Bingo card to an individual below sixteen years of age? YES
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? vr�
(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? YFIS
27. Does your organization understand that awards or prize money
or merchandise valued in excess of the following amounts are
illegal? yFs
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:
t
Subscribed and sworn before me,
Mr commission expires:
Home Address R�}OANOKE , VA2401
this day of19
2
Notar Pub
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.
)/4 (7'
Date /ommissioeof the 111bvenue
The above application is not approved.
Date
9
Commissioner of the Revenue
ACTION NO. A -121791-10.c
ITEM NUMBER �Y 3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 17, 1991
AGENDA ITEM: Request for approval of a 50/50 Raffle Permit for
calendar year 1992 from the Roanoke Moose Lodge #284
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Roanoke Moose Lodge #284 has requested a permit to hold 50/50
raffles in Roanoke County for the calendar year 1992 on the dates
listed in the application. This application has been reviewed with
the Commissioner of Revenue and he recommends that it be approved.
The application is on file in the Clerk's Office.
The organization has paid the $25.00 fee.
STAFF RECOMMENDATION:
It is recommended that the application for a 50/50 Raffle Permit
for the calendar year 1992 from the Roanoke Moose Lodge #284 be
approved.
SUBMITTED BY:
Mary H. Allen
Clerk to the Board
APPROVED BY:
4Z
Elmer C. Hodge
County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (X ) Motion by: Rnh T- Johnson No Yes Abs tain
Denied ( ) Eddy x
Received ( ) Johnson x
Referred ( ) McGraw x
To ( ) Nickens x
Robers x
cc: File
Bingo/Raffle File
COUNTY OF ROANOKE, VIRGINIA
COMMISSIONER OF THE REVENUE
APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO
Application is hereby made for a bingo game or raffle permit.
This application is made subject to all County and State laws,
ordinances, rules, and regulations now in force, or that may be
enacted hereafter and which are hereby agreed to by the under-
signed applicant and which shall be deemed a condition under
which this permit is issued.
All applicants should exercise extreme care to ensure the accura-
cy of their responses to the following questions. Bingo games
and raffles are strictly regulated by Title 18.2-340.1 et. seg.
of the criminal statutes of the Virginia Code, and by Section
4-86 et. sec. of the Roanoke County Code. These laws authorize
the County Board of Supervisors to conduct a reasonable investiga-
tion prior to granting a bingo or raffle permit. The Board has
sixty days from the filing of an application to grant or deny the
permit. The Board may deny, suspend, or revoke the permit of any
organization found not to be in strict compliance with county and
state law.
Any person violating county or state regulations concerning these
permits shall be guilty of a Class 1 misdemeanor. Any person who
uses any part of the gross receipts from bingo or raffles for any
purpose other than the lawful religious, charitable, community,
or educational purposes for which the organization is specifi-
cally organized, except for reasonable operating expenses, shall
be -guilty of a Class 6 felony.
THIS APPLICATION IS FOR: \ check one)
RAFFLE PERMIT BINGO GAMES
Name of Organization (ROANOKE MOOSE LODGE 1E284
Street Address 3233 CATAWBA VALLEY DRIVE
Mailing Address P.O. BOX 538
City, State, Zip Code SALEM, VA. 24153
Purpose and Type of Organization FRATERNAL
When was the organization founded? 1915
1
Roanoke County meeting place?
AtfpSE BQME
Has organization been in existence in Roanoke County_ for two con-
tinuous years? YES;- NO
Is the organization non-profit? YES d, NO
Indicate Federal Identification Number # 54-0287492
Attach copy of IRS Tax Exemption letter.
Officers of the Organization:
President: RICE A. MCNUTT Vice -President DAVID MULLINS
Address: 30 BIRCH DRIVE Address: 3600 CATAWBA VALLEY DR.
BLUE RIDGE, VA. 24064 SALEM, VA. 24153
Secretary: EDWARD F. MULLIKIN, JR.
Address: 4016 CRAVENS CREEK PD.
ROANOKE , VA. 24015
Treasurer: CLAUDE STUMP
Address: 2619 CREEKWOOD DR.
SALEM, VA. 24153
Member authorized to be responsible for Raffle or Bingo opera-
tions:
Name EDWARD F. MULLIKIN, JR.
Home
Address
4016 CRAVENS CREEK
RD, SALEM, VA. 24153
Phone
774-7860
Bus. Phone
384-7172
A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBER-
SHIP MUST BE FURNISHED WITH THIS APPLICATION.
ON FILE
Specific location where Raffle or Bingo Game is to be conducted.
MOOSE LODEGE, 3233 CATAWBA VALLEY DR. SALEM, VA. 24153
RAFFLES: Date of Drawing SEE ATTACHED Time of Drawing
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.
CHARITABLE & EDUCTIONAL SUCH AS:
PERSONNEL VEHICLE FOR FIRE DEPT.
AFTER PROM PARTIES FOR HIGH SCHOOLS
VIRGINIA COOPERATIVE EXTENSION SERVICE MEETING
NATIONAL DYSLEXIA FOUNDATION SUPPORT
CATAWBA HOSPITAL SUPPORT
RESCUE SQUAD EQUIPMENT
HANDICAPPED BOWLERS
HANDICAPPED OLYMPICS
3
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 54,788
2nd Quarter 87,020
3rd Quarter 107,394
4th Quarter 117,901
Total 367,103
1st Quarter 7,638.40
2nd Quarter 15,505.60
3rd Quarter 21,832.80
4th Quarter• 25,590.40
Total 70, 567.20
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? YES
4. Does your organization understand that the Commissioner of
the Revenue or his designee has the right to go upon the premises
on which any organization is conducting a Bingo game or raffle,
to perform unannounced audits, and to secure for audit all re-
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? yFs
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? yFS
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? vFs
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? 7FS
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? YFs
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? IN FILE
15. Has your organization attached a copy of its bylaws to this
application form? ON FILE
16. Has the organization been declared exempt from property taxa-
tion under the Virginia Constitution or statutes? YES
If yes, state whether exemption is for real, personal property,
or both and identify exempt property. REAL ESTATE
17. State the specific type and purpose of the organization.
FRATERNAL, NON-PROFIT, CHARITABLE
18. Is this organization incorporated in Virginia? YES
If yes, name and address of Registered Agent:
EDWARD F. M LLIKIN, JR.
4016 CRAVENS CREEK 11,D
RQANOKE- VA_ 24018
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? o
(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
0
HALF OF ALL CASH RECEIVED
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
the number of people in attendance on each date,
amount of receipts and prizes on each day?
(These records must be retained for three years.)
is played,
and the
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 §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:
Name
L
Subscribed. and sworn before me,
My commission expires:
TRATOR 411]b ('RAVENS rRFFx Rn, RnANOKE,VA
Home Address Q 24018
this -'rl day of lynl, 19
Notary c
RETURN THIS COMPLETED APPLICATION TO:
COMMISSIONER OF THE REVENUE
P.O. Box 20409
Roanoke, VA 24018-0513
E-3
NOT VALID UNLESS COUNTERSIGNED
The above application, having been found in due form, is approved
and issued to the applicant to have effect until December 31st of
this calendar year.
//-
Date ,� 'Commiss oner of a Reven e
f ✓
The above application is not approved.
Date Commissioner of the Revenue
11/14/1991
_!GE
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24
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50 / n
11/14/1991
N
TUIV 199--,
25 n3DGE 50/50
29 iODGE 50/50
i1 LODGE 50/50
August 1992
1
LODGE
50/50
5
LODGE
50/50
7
LODGE
50/50
8
LODGE
50/50
12
LODGE
50/50
14
LODGE
SO/SO
15
LODGE
50/50
19
DODGE
50/50
21
LODGE
50/50
22
LODGE
50/50
26
LODGE
50/50
28
LODGE
50/50
29
LODGE
50/50
September 1992
2 LODGE 50/50
4 LODGE 50/50
5 LODGE 50/50
9 !LODGE 50/50
11 LODGE 50/50
12 LODGE 50/50
16 LODGE 30/50
18 LODGE 50/50
19 LODGE 50/50
23 LODGE 50/50
25 LODGE 50/50
26 LODGE 50/50
30 LODGE 50/50
October 1992
2 LODGE 50/50
3 LODGE 50/50
7 LODGE 50/50
9 LODGE 50/50
10 LODGE 50/50
14 LODGE 50/50
16 LODGE 50/ 50
17 LODGE 50/50
21 LODGE 50/50
23 LODGE 50/50
24 LODGE 50/50
28 LODGE 50/50
30 LODGE 50/50
31 LODGE 50/50
LODGE 50/50 SCHEDULE �
November 1992
4 LODGE 50/50
6 LODGE .50/:50
7 LODGE 50/50
11 LODGE SO/30
13 LODGE 50/50
14 !.LODGE 50/50
18 LODGE 50/50
20 LODGE 50/50
21 LODGE 50/50
25 LODGE 50/50
27 LODGE 50/50
28 LODGE SO/50
December 1992
2 LODGE 50/50
4 LODGE 50/50
5 LODGE 50/50
9 LODGE 50/50
11 LODGE 50/50
12 LODGE 50/50
16 LODGE 50/50
18 LODGE 50/50
19 LODGE 50/50
23 LODGE 50/50
26 LODGE 50/50
30 LODGE 50/50
31 LODGE 50/50 NEW YEAR'S EVE
r
ACTION NO. A -121791-10.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: December 17, 1991
AGENDA ITEM: Confirmation of Committee Appointment to the
Grievance Panel and Social Services Board
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The following nominations are offered for confirmation.
Grievance Panel
Supervisor Eddy nominated Henry H. Wise at the December 3, 1991,
meeting to a three-year term as an alternate member. His term will
expire October 12, 1994.
Social Services Board
Supervisor Nickens nominated Robert H. Lewis, at the December 17,
1991 meeting to a four-year term. His term will expire January 1,
1996.
STAFF RECOMMENDATION:
It is recommended that the above nominations be confirmed by the
Board of Supervisors.
Respectfully Submitted by:
Mary H. Allen
Clerk to the Board
Approved by:
Ae, /I
'0g1
- 4�__ Elmer C. Hodge
County Administrator
ACTION VOTE
Approved (x) Motion by: Rnh T- Tnhncnn No Yes Abs
Denied ( ) Eddy x
Received ( ) Johnson x
Referred ( ) McGraw x
To ( ) Nickens x
Robers x
cc: File
Grievance Panel File
Social Services Board File
ACTION NO.
A -121791-10.e
ITEM NUMBER /7 -'-s
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 17, 1991
AGENDA ITEM: Authorization to declare certain furniture as
surplus property located in the Clerk of
Circuit Court's Office
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
When Sheriff Foster retired in 1988, his staff requested that he
be allowed to take his desk with him. The Board declared the desk
in his office surplus property and personnel in the jail refinished
the desk. It was presented to him at a Board of Supervisor's
meeting in recognition of his years of service.
Clerk of Circuit Court Elizabeth Stokes is now retiring after 24
years of service to Roanoke County. Her desk and credenza are her
personal property, as well as a couch, two lounge chairs and two
end tables in her conference room. Her staff has asked that the
desk and credenza be refinished by the jail personnel in the same
manner as was done for Sheriff Foster upon his retirement.
Additionally, Mrs. Stokes has requested that she be allowed to keep
her chair. The chair must be declared surplus to allow for this
transaction.
STAFF RECOMMENDATION:
In recognition of her years of service, I am asking that the Board
of Supervisors declare the chair located in the Clerk of Circuit
Court's office as surplus property, and that the chair be given to
Mrs. Stokes.
Elmer C. Hodge
County Administrator
/.5=-5
----------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Bob L. Johnson No Yes Abs
Denied ( ) Eddy x
Received ( ) Johnson x
Referred ( ) McGraw x
To ( ) Nickens x
Robers x
cc: File
Elizabeth W. Stokes, Clerk, Circuit Court
s
ACTION #kA -121791-10.f
ITEM NUMBER J -q = I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 17, 1991
AGENDA ITEM: Amendments to Special Exception Permit Conditions
and Operating Policies for the Smith Gap Landfill
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND•
On December 3, 1991, the Board of Supervisors approved
amendments to the Landfill Permit Conditions and Operating Policies
that addressed the concerns of the area along the rail spur to the
landfill. The specific changes since December 3 dealing with the
rail corridor are shown in italics on page 13 (item 2), and page
19 (second paragraph under "Rail Corridor Establishment").
The rail corridor has been defined to incorporate the area
1800 feet on each side of the rail spur. The protection policies
address only those properties, or portion thereof, and the
improvements existing as of December 3, 1991, that are within the
rail corridor. A rail corridor map has been developed that
generally depicts the area of coverage.
SUMMARY OF INFORMATION:
The Board requested that the amendments be drafted in final
form and brought back for final approval.
STAFF RECOMMENDATION:
The staff recommends final approval of the prepared amendments
as shown on the attached document.
SUBMITTED BY:
7�
J hn R. Hubbard, P.E.
Assistant County Administrator
APPROVED:
Elmer C. Hodge
County Administrator
f
Approved ( x )
Denied ( )
Received ( )
Referred
to
ACTION VOTE
Motion by: substitute motion No Yes Abs
by Lee B. Eddy to accept Eddy x
amendments and eliminate Johnson x
second title page; relist McGraw x
localities and add MontgomeryNickens x
Countv to landfill users on Robers x
page 16; eliminate the 2nd
paragraph on page 16; and
eliminate title on page 17
cc: File
John Hubbard, Assistant County Administrator
r
1-5e- 7
PROPOSED AMENDMENTS
ROANOKE COUNTY
LANDFILL PERMIT CONDITIONS
I� 1
OPERATING POLICIES
December 17,1991
TABLE OF CONTENTS
AMENDMENTS
(Amendments have been made to the following sections only)
Permit Conditions
Policies
Page Number
Types of Waste . . . . . . . . . . . . . . . . 1
Operating Hours . . . . . . . . . . . . . . . 1
Operating Controls . . . . . . . . . . . . . . 2
Environmental Monitoring. . . . . . . . . . . 4
Screening and Buffering . . . . . . . . . . . 5
Site Security . . . . . . . . . . . . . . 7
Fire Protection and Public Water. . . . . . . 9
Groundwater Protection . . . . . . . . . . . 10
Property Value Protection . . . . . . . . . . 13
Landfill Ownership . . . . . . . . . . . . . . 15
Landfill Users . . . . . . . . . . . . . . . . 16
Landfill Operational Priorities . . . . . . . 16
Road Improvements and Access. . . . . . . . . 17
Rail Access . . . . . . . . . . . . . . . . . 17
Host Community Improvement Fund . . . . . . . 18
Rail Corridor Establishment . . . . . . . . . 19
Miscellaneous . . . . . . . . . . . . . . . . 19
Roanoke County Resource Authority Actions
P E R M I T C O N D I T I O N S
TYPES OF WASTE
In order to protect surrounding residents and prolong the life
of the Landfill site, the following conditions are made concerning
the types of waste that may be accepted.
1. No hazardous waste will be allowed at any time during the
entire life of the Landfill.
2. lie demelitlen debris er grubbing waste may be put in any
area designated fer sanitary waste. Wastes designated as "special
wastes" shall be disposed of in separate sections of the areas designated for
sanitary waste
4-.3. Non -hazardous Incinerator Ash may be disposed of in a
designated Mene`ill area as a special waste in the new
Landfill.
5--.4. Only properly approved waste may be accepted, with the
main objective always being to safely dispose of
materials and prolong the useful life of the Landfill.
OPERATING HOURS
In consideration of the adjoining neighborhoods, it is
recommended that the following operating limits be placed on the
new facility:
1. Normal working hours shall be:
Delivery of Waste
by Authorized Vehicle
Delivery of Waste
by Rail
Operation of all
Equipment
Monday -Friday Saturday
8:00am-5:00pm 8:00am-3:30pm
7.00pm-12.00pm 7.-06pm-12:00pm
8:00am-8:00pm 8:00am-6:30pm
1 PERMIT CONDITIONS
AMENDMENT
0
1<- I
2. Emergency operations shall allow for extended hours on
all days and Sundays whenever an emergency has been duly
declared by the Roanoke County Administrator.
4-3. Operating hours can only be changed by action of the
Board of Supervisors, after public notice and hearing.
OPERATING CONTROLS
Effective control over potential Landfill pests and nuisances
are of great concern to all residents surrounding the Landfill
site. The following policies are designed to minimize such
nuisances:
1. Noise
a. Noise levels generated by the Landfill machinery and
equipment may not exceed the following amounts:
80 db (decibels) - Landfill site borders
65 db (decibels) - Surrounding residences
b. Landfill operations vehicles must be equipped with
the best possible muffler or exhaust system
available to minimize noise.
2. Dust
a. Fugitive dust emissions will be monitored by an
authorized agent of. Roanoke County or by the
Landfill Operators for compliance with state
regulations.
b. Problem areas arising during dry seasons will be
controlled with water.
C. Access roads should be cleaned and dust controlled
with water if excessive amounts of dust are
generated.
2 PERMIT CONDITIONS
AMENDMENT
d. Any fill area of intermediate cover must be seeded
in vegetative cover within 30 days of fill.
3. Odor
a. Odor problems will be minimized if the Landfill
operation is conducted properly and active fill
areas are covered daily.
b. If problem odors exist that adversely impact
surrounding residents, deodorizing agents will be
used.
C. All holding tanks for Leachate collection systems
shall be in enclosed underground structures.
4. Lights
a. Sufficient lighting must be maintained at all times
to facilitate normal operations and to provide
adequate security over the Landfill site.
b. Lighting must be directed inward to keep the main -
body of light and glare off surrounding residents.
c. Adjoining property owners will be consulted as to
light placement, direction and height.
d. Lighting shall be limited to fixtures attached to
buildings as necessary for security and operations
and freestanding poles of not more than 16 feet in
height, and no lights shall exceed one footcandle
of light measured at the base of the pole or
structure.
5. Pests
a. A bonded, licensed pest control company will be
retained by the Landfill Agency throughout the
active life of the Landfill to provide preventive
inspections and treatments.
b. Adjoining property owners who incur pest problems
that are proven to be directly related to the
Landfill operation must be provided proper
extermination at the expense of the Landfill Agency.
C. Breeding areas for flying insects must be treated
as often as is necessary to prevent the breeding
cycle.
3 PERMIT CONDITIONS
AMENDMENT
)-�' - '7
6. A telephone number will be provided for use of
surrounding residents including those in the rail corridor to call in
complaints about noise, dust, odor, or pests. These
calls will be recorded and corrective actions documented.
ACTIVE FILL AREAS
The active areas of the landfill are regulated by the Virginia
Department of Waste Management. Strict guidelines are specified
in the regulations; however, the Landfill Citizens Advisory
Committee feels that active areas shall be designed to allow for
final cover as soon as possible.
Fill areas should be designed as far as practical from
adjoining properties to provide maximum buffering, and in no case
should extend within 100 feet of the Landfill boundary line.
ENVIRONMENTAL MONITORING
1. The responsible Landfill Agency must have all landfill
facilities inspected at least annually by a qualified
independent contractor to determine compliance with all
special exception permit conditions and all other landfill
conditions. Any violations must be reported to the
responsible Landfill Agency and shall be made public
information and the Landfill Agency shall take whatever steps
are necessary to immediately correct the violations.
2. The responsible Landfill Agency will be required to log all
complaints from any adjoining residents or businesses ofthe
landfill and rail corridor and all reasonable and legitimate complaints
shall receive the proper attention and shall be corrected
immediately. The complaint log shall be open to public
inspection.
4 PERMIT CONDITIONS
AMENDMENT
SCREENING AND BUFFERING
Adequate screening and buffering is a paramount concern of the
Landfill Citizens Advisory Committee. Effective screening and
buffering can reduce or mitigate the adverse impacts of noise, dust
and light from the landfill on adjoining properties, as well as
improve the visual appearance of the landfill operation. In
addition, landscaping of obtrusive buildings and active areas
within the landfill can reduce the visual blight from improved
properties which are above and overlook the landfill site.
Finally, minimizing the size of active and disturbed areas and
immediate seeding of these areas once activity ceases can further
reduce this visual blight.
To address these items, the following standards are
recommended. Additional requirements may be formulated for site
specific conditions upon review of the proposed landfill sites.
Any modification shall be subject to such site specific
circumstances, as determined by the Director of Planning.
1. The following buffer yard and plantings shall be
established around the perimeter of the landfill
property, except adjacent to an existing residential
property or public or private right-of-way. Trees shall
be planted in three separate rows or in clusters, where
natural land characteristics allow within the buffer
yard.
- 50 foot buffer yard;
- Three large deciduous trees with an ultimate height
of 50 feet or greater per 100 linear feet of buffer
yard;
- Five large evergreen trees with an ultimate height
of 50 feet or greater per 100 linear feet of buffer
yard; and,
- Seven small evergreen trees with an ultimate height
of 15 feet or greater per 100 linear feet of buffer
yard.
2. In areas adjacent to an existing residential property or
public or private right-of-way, the following shall be
established and maintained around the perimeter of the
landfill property. Trees shall be planted in three
separate rows or in clusters, where natural land
characteristics allow within the buffer yard.
100 foot buffer yard;
Six large deciduous trees with an ultimate height
of 50 feet or greater per 100 linear feet of buffer
yard;
5 PERMIT CONDITIONS
AMENDMENT
x- 7
Ten large evergreen trees with an ultimate height
of 50 feet or greater per 100 linear feet of buffer
yard; and
Fifteen small evergreen trees with an ultimate
height of 15 feet or greater per 100 linear feet of
buffer yard.
3. The buffer yard may only be used for passive recreation,
such as pedestrian, bike or equestrian trails provided
that:
No plant material is eliminated;
The total width of the buffer is maintained; and,
All other requirements and conditions are met.
4. Buildings, active landfill areas, equipment storage areas
and other facilities shall be landscaped in such a manner
as to enhance (but not necessarily screen) the visual
appearance from adjoining properties.
5. The administrative standards and procedures contained
under Section 21-92 of the Roanoke County Zoning
Ordinance shall apply unless more restrictive or specific
standards are required above.
6. The rail line may or may not be able to be totally buffered by natural topography
or feasibly by normal screening methods. Where feasible, buffering will be
negotiated with the property owner during purchase negotiations with Norfolk
Southern.
6 PERMIT CONDITIONS
AMENDMENT
/t`-
SITE
t=
SITE SECURITY
In compliance with State regulations, the following
suggestions are to make the Reanelee eeunty landfill the most up to
date facility.
1. All facilities shall be surrounded on all sides by
natural barriers, fencing, or an equivalent means of
controlling vehicles access and preventing illegal
disposal. All access will be limited by gates, and such
gates shall be securable and equipped with locks.
a. All fencing utilized at the facility shall be
adequate to control unauthorized access.
b. Gates shall be at the main entrance as well as the
entrance to additional service areas.
2. Access to a solid waste disposal facility (landfill) shall be
permitted only when an attendant is on duty and only
during daylight hours, unless otherwise specified in the
facility permit, such as for rail delivery of ; waste -
e. A- permit shall be refused at any time if the
abiding by e --re per, L C tL the
t tetatiene�entraet. "` `•
d. Aeeess shallbe permitted te any resident ef r
3. Each solid waste disposal facility should be provided
with an adequately lighted and heated shelter where
operating personnel can exercise site control and have
access to essential sanitation facilities. Lighting,
heat and sanitation facilities may be provided by
portable equipment as necessary.
7 PERMIT CONDITIONS
AMENDMENT
/-'5-'—
a. —
a. Dusk to dawn lights to be placed around buildings
and at each of the security gates.
4. All sanitary landfills will be equipped with permanent
or mobile telephone or radio communications.
a. The main security gate should be able to communicate
with all necessary areas of the landfill.
5. The operator is responsible for safety hazards to
operating personnel through an active safety program.
a. Security rules and regulations shall be posted at
each gate.
b. Security guard or landfill personnel shall be on
site 24 hours each day.
6. Sal fty be permitted by a selid waste dispesa-1
faeilit:., 9p Eia3t9i' , but t--evrrt-r-
designated salvage area te preelude interferenee with
eperatien of the faellity and to avoid the ereatien f
6. All vehicle access points to the rail spur shall be properly gated, with loc% and
shall be posted with "No Trespassing" signs Signs will also be posted at intervals
along the rail spur.
8 PERMIT CONDITIONS
AMENDMENT
FIRE PROTECTION AND PUBLIC WATER
Fire protection for the site shall be provided on site with
adequate storage, distribution, and hydrants to properly extinguish
fires. The system shall be designed as a potable water system in
conformance with the standards of Roanoke County. The system shall
may be deeded to Roanoke County for ownership and operation. The
system shall be designed to serve all on-site water needs as well
as being capable of serving adjoining properties.
Expansion of the water supply system, except when groundwater
contamination has been documented, shall be prohibited without
prior review for consistency with the Comprehensive Plan. This
review shall follow the requirements and criteria outlined in
Section 15.1-456 of the Code of Virginia, and shall also apply to
any proposal submitted under Section 15.1-475 (subdivision) and
Section 15.1-491(h) Site Plan Review, of the Code of Virginia.
SITE REJECTION
The Special Exception Permit for a landfill shall become null
and void upon official notification of the rejection of the site
by the Department of Waste Management or the date Roanoke County
selects not to submit a Part "B" application for the site.
9 PERMIT CONDITIONS
AMENDMENT
J --r- -7
P O L I C I E S
GROUNDWATER PROTECTION
The single greatest concern of all residents surrounding a
landfill site is the potential contamination of groundwater
sources. Residents must be assured that the water supplies will
be protected at all times.
1. The responsible Landfill Agency will take all necessary
actions as required by state, federal or local laws or
regulations, including permit conditions to protect the
groundwater and water wells from contamination as a
result of the landfill construction and operation.
2. If private groundwater sources are contaminated as a
result of landfill leakage, construction, and/or
operation, the responsible Landfill Agency will, at its
expense, provide to each eligible resident or business
a clean source of replacement water.
a. The Landfill Agency may select any source of water
they so desire but it must meet all applicable
health standards. The newly established water
system will be extended to each residence or
business and connected at the Agency's expense
within 120 days after the date the contamination is
verified. All interior plumbing contaminated to
the extent that it is rendered hazardous for
continued use will be replaced at the Agency's
expense.
b. Eligible residents or businesses will receive free
water up to 6,000 gallons per month for as long as
they own and occupy the residence. All water usage
over 6,000 gallons per month will be paid by the
resident or business at the rates in effect at that
time. Heirs of residents will qualify for free
water under this provision.
C. The Landfill Agency agrees to continue to provide
water to subsequent owners of affected residences
or businesses. However, these residents or
businesses must pay the normal charge for water
services being paid by other Roanoke County water
users.
10 POLICIES
AMENDMENT
/41- —'
d. The Landfill Agency will provide water during the
interim period between providing a new source and
the well contamination.
3. This guarantee will remain in force for a period equal
to the State and EPA required monitoring period after
closure, but not less than 25 years.
4. To be eligible for groundwater protection, each
surrounding property owner (within 1,000 feet of landfill
property boundary) must sign an agreement and must agree
to allow water samples to be taken and tested at the
Landfill Agency's expense. All property owners in the rail corridor are
eligible for groundwater protection only after a derailment of waste along the spur
line or if contamination from the landfill is detected from those wells being tested
quarterly. The Resource Authority will remain responsible to the property owners
during a derailment. However, Norfolk Southern may be ultimately responsible
under the transportation contract.
a. For all wells in existence before the opening of the
landfill, the initial water sample must pass all
health standards and must include the chemical and
bacteria tests.
b. All eligible residents or businesses must allow
water samples to be taken on a quarterly basis for
testing by the Landfill Agency. All testing is to
be done at the Landfill Agency's expense.
C. For all wells which pass the initial test, if
subsequent tests show contamination, it will qualify
under the terms of this agreement for guaranteed
replacement, unless the Landfill Agency can prove
that the source of the contamination is not the
landfill.
d. For all wells that fail the initial test, the exact
nature of the existing contamination must be
recorded and sufficient additional tests taken to
establish an accurate base -line of data against
which to compare future tests. If future tests
demonstrate a deterioration of water contamination
the well will qualify under the terms of this
agreement for guaranteed replacement.
e. All new wells drilled (within 1,000 feet of the
landfill property boundary) during the life of the
landfill that pass an initial water sample test
11 POLICIES
AMENDMENT
(chemical and bacteria) will qualify for groundwater
protection under the terms of this agreement.
5. All surrounding property owners within 5,000 feet of the
landfill property boundary may elect to have their water
tested at the Landfill Agency's expense. This will be
a one-time only test prior to the opening of the
landfill, and is to include chemical and bacteria
analysis.
6. A Contingency Plan must be designed and approved, for
providing potable water to surrounding residents covered
under this agreement, prior to the opening of the
landfill.
7. The Landfill Agency will escrow sufficient money from
landfill tipping fees to guarantee fulfillment of this
agreement.
12 POLICIES
AMENDMENT
PROPERTY VALUE PROTECTION
A second major concern of residents surrounding the landfill
site is the potential devaluation of their property. This is
particularly true since people's homes usually represent the
majority of their assets. Residents must be assured that their
property values will be protected.
1. The responsible Landfill Agency will take all necessary
actions as required by federal, state or local laws or
regulations, including landfill permit conditions, to
insure residents surrounding the landfill site that their
property values will not be adversely impacted by the
landfill.
2. Any resident or business owning property within 5,000
feet of the landfill site border on the day the site
receives approval of the Part "B" application and
issuance of a permit by the Department of Waste
Management, and the site is selected for development by
the Roanoke County Board of Supervisors, may be eligible
for compensation if they can prove their property was
devalued as a result of the landfill.
Any resident or business owning property within the rail corridor on December 3,
1991, may be eligible for compensation if they can prove their property was
devalued as a result of the rail spur. Only that property, or portion thereof, and
improvements existing on December 3, 1991, that lies within the rail corridor
boundaries will be covered by this policy. This policy will become effective on
the date that construction begins on the rail spur.
3. The resident must establish the value of the affected
property just prior to the sale date (Appraised Value)
by either obtaining an appraisal by a "Professionally
Certified Appraiser" or by use of the current Roanoke
County or Montgomery County tax assessments. Tax
assessments must reflect 100% of fair market value. The
responsible Landfill Agency will pay 50% of the cost of
the initial appraisal up to a total of $150. Appraisals
to be made as if landfill was not existing.
4. Any resident who sells their property for an amount (Sale
Value) which is less than the Appraised Value determined
under paragraph 3 will be eligible for compensation from
the responsible Landfill Agency for the amount of this
difference, subject to the following conditions:
a. The responsible Landfill Agency must be given the
"Right of First Refusal" to buy any property for
13 POLICIES
AMENDMENT
' 1
which a bona fide offer to purchase has been
received in an amount below the Appraised Value.
b. The responsible Landfill Agency must exercise their
rights under paragraph 4a within 30 days of the date
they are notified by the resident of a bona fide
purchase offer.
C. Appraisal shall take into account condition of
property.
5. The foregoing agreement to compensate residents for loss
in property values will only apply to properties sold
before the termination date, which is defined as 5 years
after the date the landfill is closed. Heirs of
residents qualifying under paragraph 2 will be eligible
for compensation under the terms of this agreement.
6. Any resident who is eligible for compensation for
property devaluation under the foregoing terms of this
agreement will also qualify for reimbursement of the
following expenses:
a. Residents or renters will receive reasonable Moving
Expenses to move to a new location within the
25 miles of existing residence.
Moving expenses are limited to the costs of
transporting household goods. Requires three (3)
written quotes approved by the Landfill Agency.
Payments to be made within 60 days of approved expenses
b. Residents or renters will receive reimbursement for
the Interest Differential between their existing
mortgage loan and any new loan assumed on any
replacement property within the beundariPs—ef
Roanoke Geunty 25 miles of existing residence. This
reimbursement will be defined as the present value
of the remaining principal payments, discounted at
the difference between the interest rates on the
original loan and on the replacement loan. Payments
to be made within 60 days of the new loan closing.
7. It shall be the responsibility of the resident to carry
adequate property insurance to cover any loss hazards.
In the event that a total loss does occur, the Landfill
Agency will compensate the resident (who qualifies under
the preceding terms of this agreement) for the difference
14 POLICIES
AMENDMENT
between the Assessed Value and the Insurance Settlement.
However, if the Insurance Settlement is for any amount
less than the Sale Value, the amount of compensation will
be the difference between the Assessed Value and the Sale
Value. For purposes of this provision, the Sale Value
is understood to be the Replacement Value of the property
on the date of the insurance loss.
APPEALS
In order to provide a timely and inexpensive method for
parties that may be damaged by the landfill permit conditions and
policies, any disagreement between a property owner and the
responsible Landfill Agency concerning groundwater contamination
or property value damage, the matter may be resolved through the
provisions of the Uniform Arbitration Act, Article 2 of Title 8.01
of the Code of Virginia (Section 8.01-581.01 et sect).
LANDFILL OWNERSHIP
The citizens of Roanoke County feel strongly that the landfill
operator needs to be responsive and accountable for properly
operating, maintaining, and adhering to the conditions placed on
the permit.
The
Landfill Agency shall remain in full control and accountable for the
construction and operation of the landfill. And will be accountable for
the proper transportation of waste under the Norfolk Southem transportation contract.
15 POLICIES
AMENDMENT
LANDFILL USERS
The responsible Landfill Agency shall limit users of the
Regional Landfill to qualifying residents and businesses of Roanoke
County, Roanoke City, Salem and Vinton, Montgomery County and Salem.
Private haulers will be allowed to use the landfill only if the
refuse that is submitted originates from one of the municipalities
previously mentioned and if they have applied for and obtained a
dump permit from the Landfill Operator.
LANDFILL OPERATIONAL PRIORITIES
Siting and permitting a new landfill under current VDWM
regulations is extremely complex and difficult. This is true for
technical reasons but also due to the adverse impact on surrounding
residents. The Landfill Citizens Advisory Committee feels that the
following priorities must be used to guide the Landfill Operator
and Board in making all future policy determinations. These are
listed in priority order below:
1. Protection of the environment of the Roanoke Valley
Service Area.
2. Protection or extension of the useful life of the
landfill.
3. Protection of the interests of the residents of the
landfill host community.
4. Protection of the interests of the residents of the rail corridor.
4-5. Minimization of landfill operating costs.
5-.-6. Minimization of landfill tipping fees.
16
POLICIES
AMENDMENT
I.
the eenstru6tien of the iandfi!! and prier te -its
c�nPn With. all s eenA a ry reads tia as t
IVDOT geemetrie design standards and pavement eategery
safely handle the prejeeted type and velume ef--maser
maintain the read in geed, safe repair -r
3. The Landfill Gperater will: keep the read anel the
and rem the landfill. Litte pleitu 9 --is to be made
RAIL ACCESS
A Safe and adequate rail spur to the landfill is a great concern of the residents of the
rail corridor. Properly constructed and maintained rail lines are critical in protection and safety
of the adjoining neighborhoods The following conditions are an attempt to address these
issues.
1. Adequate access controls and proper posting of the rail spur shall be provided
2 The number of train runs per day will be kept to a minimum.
17 POLICIES
AMENDMENT
3. Train speed shall not exceed 25 miles per hour along the rail spur.
4. Grade crossings should be of asphalt or other surfacing material other than
gravel,
S. Train whistles should be kept to a minimum and only when necessary.
6 Train runs should be as early as possible considering timing scheduling traffic
and operating controls.
Z Spur line shall be for landfill traffic only.
8. Ground cover and weeds shall not be controlled by use of toxic herbicides.
9. If, after purchase of property for the rail spur, the Landfill Agency or railroad
determines that the rail will not be used to transport waste to the landfil4 the
property owners will have the right to repurchase their property at the fair market
value.
HAZARDOUS WASTE COLLECTION
The landfill presently being sited in Roanoke County is
strictly for sanitary municipal solid waste. Since no hazardous
waste will be allowed, it is important for the Regional Landfill
service area to provide a means of disposing of hazardous waste.
The responsible Landfill Agency or Board will develop and make
public information for the proper disposal of hazardous waste.
HOST COMMUNITY IMPROVEMENT FUND
A Host Community Improvement Fund will be established through
donations from the Landfill Agency for the purpose of public
improvements t -e for the Host Community. The Host Community is
defined as the area within 5, 000 feet of the landfill along with the rail
corridor. Donations will be made annually in amounts of $10, 000;
however, the fund shall never exceed $150,000. The fund shall be
utilized for the construction and maintenance of public
improvements to Landfill Agency property approved by the Board of
Supervisors and the Planning Commission. A Public Improvement Plan
18 POLICIES
AMENDMENT
shall be developed by Reaneke eeunty Landfill Agency with assistance
from the residents of the Host Community for the expenditure of the
fund.
RAIL CORRIDOR ESTABLISHMENT
The rail corridor has been established to identify the area adjacent to the rail spur that
may be influenced by the transportation of waste and the construction of the new line Each
property owner will be adequately and fairly compensated for any land acquired for the
construction of the rail line and any residue damage, if any. Those other adjoining properties
may experience some effects associated with the transportation waste along the rail spur as those
adjoining properties of the landfill and, therefore, should be afforded similar protection.
The rail corridor has been established and limited to those properties or portion thereof
that lie within boundaries defined as 1800 feet on both sides of the rail spur from its beginning
at the existing main rail line to the Roanoke County -Montgomery County corporate line. The
rail corridor is generally depicted on the rail corridor map.
MISCELLANEOUS
The railroad's responsiveness to complaints and claims is of great concern of the rail
corridor resident& The Landfill Agency will make all efforts to assist the residents in satisfying
their concerns and obtaining quick response and resolve from the railroad
Reimbursements for legitimate livestock claims will be resolved and paid within 60 days
19
POLICIES
AMENDMENT
ACTION NO. A -121791-10.g
ITEM NUMBER —8
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 17, 1991
AGENDA ITEM: Request for approval of a 50/50 Raffle Permit for
calendar year 1992 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 for the calendar year 1992 on the
dates listed in the application. This application has been
reviewed with the Commissioner of Revenue and he recommends that
it be approved. The application is on file in the Clerk's Office.
The organization has paid the $25.00 fee.
STAFF RECOMMENDATION:
It is recommended that the application for a 50/50 Raffle Permit
for the calendar year 1992 from the Northside Athletic Booster Club
be approved.
SUBMITTED BY: APPROVED BY:
Mary H. Allen
Clerk to the Board
Elmer C. Hodge
County Administrator
--------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Bob L. Johnson No Yes Abs
Denied ( ) Eddy x
Received ( ) Johnson x
Referred ( ) McGraw x
To ( ) Nickens x
Robers x
cc: File
Bingo/Raffle File
COUNTY OF ROANOKE, VIRGINIA
COMMISSIONER OF THE REVENUE
APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO
Application is hereby made for a bingo game or raffle permit.
This application is made subject to all County and State laws,
ordinances, rules, and regulations now in force, or that may be
enacted hereafter and which are hereby agreed to by the under-
signed applicant and which shall be deemed a condition under
which this permit is issued.
All applicants should exercise extreme care to ensure the accura-
cy of their responses to the following questions. Bingo games
and raffles are strictly regulated by Title 18.2-340.1 et. sec..
of the criminal statutes of the Virginia Code, and by Section
4-86 et. 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:
RAFFLE PERMIT_X (50/50)
(check one)
BINGO GAMES
Name of Organ ization TN0 .'2HSIDB .-�THL_TIC B003TLR CLUB
Street Address 6758 Northside High School.ioad
Mailing Address6758 Northside High School Road
City, State, Zip Code Roanoke; Va. 24019
Purpose and Type of Organization'To promote and support all phases of
athletics at northside =sigh. and Dorthside Junior high as approved by
the membership of the Booster Club.
When was the organization founded?
1
OA -r' 61
Roanoke County meeting place?1"0HTriSID� SIG i SCH111,311-''L
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: r,;n j3, �'mic:,
Address: 6312-;lebster Drive
Vice -President SEE yTTAHZED
Address:
rioanoke, Va. 2,-0,19
Secretary: Treasurer:
Address: Address:
Member authorized to be responsible for Raffle or Bingo opera-
tions:
Name Sherry Denney
Home Address6618 Meadewood Drive
Phone366-93.1 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 --_IGH SCHOOL
RAFFLES: Date of Drawin 1 /3' 1 /7,1 /24,
/ 1 cog/�=�,lT4 -111
/ _,�i��e of Drawingtipprox.9.30
BINGO: Days of We�k1&'19u'rd' 1of 2Ac iv ty: /6
Sunday
Monday
X Tuesday
Wednesday
Thursday
X Friday
Z—Saturday
From To
From To
From :J To�-
From To
From To
From '• =m Totem
Fromm To77 rM
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 X0/70 raffle will be used to Nromote
and support the athletic Programs of Northside High School
and 1 orthsi e Junior Hi _~h School. The -.,lays and i -jeans Commit-
tee of the 3ooster Club needs to raise funds of32,>u0.00
to help meet the 1991-1992 budget ofi!},800.U0 (see attached
budget). These funds gill be used solely for the young 1-;eople
of our community.
3
K -J
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? YS
3. Does your organization understand that it must maintain and
file complete records of receipts and disbursements pertaining to
Bingo games and Raffles, and that such records are subject to
audit by the Commissioner of the Revenue? YES
4. Does your organization understand that the Commissioner of
the Revenue or his designee has the right to go upon the premises
on which any organization is conducting a Bingo game or raffle,
to perform unannounced audits, and to secure for audit all re-
cords required to be maintained for Bingo games or raffles?
_ySJ
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? _T: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? YS
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? YH.S
8. Does your organization understand that each Financial Report
must be accompanied by a Certificate, verified under oath by the
Board of Directors, that the proceeds of any Bingo game or raffle
have been used for these lawful, religious, charitable, commu-
nity, or educational purposes for which the organization is spe-
cifically chartered or organized, and that the operation of Bingo
games or raffles have been in accordance with the provisions of
Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia? 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? IES
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?y,7g
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? YES
15. Has your organization attached a copy of its bylaws to this
application form? YES
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.
Booster Club- To Dromote and support all phases of Athl-;tics
at 14orthsi,I]e High achoil and ldorthside Junior :gig: School as
annroved by the embersnin of the club.
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? 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?
1,U (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 To Be Determined
2
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 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:
Name
'_,'11YA1'2'. J)0V1tVJWr 66L716t"' �X Vo I
Title Home Address
Subscribed and sworn before me, this
My commission expires:
':�?- I r4_ 19 L1
2
RETURN THIS COMPLETED APPLICATION TO:
y oo\,fuU�4a'hr>,9 () 1
ary Public
COMMISSIONER OF THE REVENUE
P.O. Box 20409
Roanoke, VA 24018-0513
8
NOT VALID UNLESS COUNTERSIGNED
The above application, having been found in due form, is approved
and issued to the applicant to have effect until December 31st of
this calendar year.
Date ommiss'one r of I
a Revenue
The above application is not approved.
Date Commissioner of the Revenue
9
AT A REGULAR MEETING OF THE HOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, DECEMBER 171 1991
RESOLUTION 121791-11 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that, to
the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies, and
2. Only such public business matters as were identified
in the motion convening the executive meeting were heard, discussed
or considered by the Board of Supervisors of Roanoke County,
Virginia.
On motion of Supervisor Nickens to adopt the resolution,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
CC: File Roanoke County Board of Supervisors
Executive Session
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, DECEMBER 17, 1991
RESOLUTION 121791-12 REQUESTING THE GENERAL ASSEMBLY TO
AMEND THE CHARTER FOR THE COUNTY OF ROANOKE
WHEREAS, the Board of Supervisors of Roanoke County, Virginia,
has complied with the provisions of § 15.1-835 of the 1950 Code of
Virginia, as amended; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia,
hereby requests the General Assembly to amend the existing Charter
of the County of Roanoke.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County, Virginia, hereby requests the General Assembly
for the Commonwealth of Virginia to amend the Charter of the County
of Roanoke as follows:
1. § 2.02. Taxing powers. --In addition to the powers
granted by other sections of this charter and general laws, the
county shall have the power to raise annually by taxes and assess-
ments, as permitted and limited by genera law, in the county such
sums of money as the board of supervisors shall deem necessary to
pay the debts and defray the expenses of the county in such manner
as the board of supervisors shall deem expedient. In addition to,
but not as a limitation upon, this general grant of power the
county shall have power to levy and collect ad valorum taxes for
admission to or other charge for any public amusement, entertain-
ment, performance, exhibition, sport or athletic event in the
county, which taxes may be added to and collected with the price
of such admission or other charge; to levy and collect taxes on
1
hotel and motel rooms not to exceed two+ pereart €four e n of
the amount charged for the occupancy thereof; to levy and collect
taxes on the sale of meals, including nonalcoholic beverages, only
as provided for by general law and such tax shall apply also to
food prepared on premises and sold to take out, such tax is subject
to limitations as may be imposed by general law; to levy and
collect privilege taxes, local general retail sales and use taxes
as provided by law; unless prohibited by law, to require licenses,
prohibit the conduct of any business, profession, vocation or
calling without such license, require taxes to be paid on such
licenses in respect of all businesses, professions, vocations and
callings not exempted by prohibition of general law; to franchise
any business or calling so as to protect the public interest; and
to require licenses of all owners of vehicles of all kinds or the
privilege of using the streets and other public places in the
county, require taxes to be paid on such licenses and prohibit the
use of streets, alleys and other public places in the county
without such license;
)n ef this eharter the eeunty shall net Ma-ny tax
on .......a...........................::.s..c..>......on tobacco products ether
LL
r..
aC those taxes specially authorized in Title 58.1 of the Code.
In addition to the other powers conferred by law, the County
of Roanoke shall have the power to impose, levy, and collect, in
such manner as its board may deem expedient, a consumer or sub-
scriber tax at a rate or rates not exceeding those authorized by
general law upon the amount paid for the use of gas, electricity,
2
telephone, and any other public utility service within the county,
or upon the amount paid for any one or more of such public utility
services, and may provide that such tax shall be added to and
collected with bills rendered consumers and subscribers for such
services.
§ 12.04. Management of schools. --The administration of the
public school system shall remain the responsibility of the school
board in accordance with the Constitution and general laws of the
2. That the Clerk to the Board shall transmit a certified
copy of this resolution to the members of the General Assembly
representing Roanoke County.
3. That this resolution shall be effective immediately upon
its adoption.
3
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:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Paul Mahoney, County Attorney
Roanoke Valley Legislators
Brandon Bell, Senator Elect
Malfourd Trumbo, Senator Elect
4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, DECEMBER 17, 1991
DENIAL OF ORDINANCE 121791-13 TO AMEND THE
FUTURE LAND USE PLAN MAP DESIGNATION OF
APPROXIMATELY 3.768 ACRES LOCATED AT THE
NORTHEAST CORNER OF ENON AND WALROND DRIVE IN
THE HOLLINS MAGISTERIAL DISTRICT FROM
NEIGHBORHOOD CONSERVATION TO PRINCIPAL
INDUSTRIAL, TO CHANGE THE ZONING CLASSIFICA-
TION FROM R-1 TO THE ZONING CLASSIFICATION M-
1 WITH CONDITIONS AND TO GRANT A SPECIAL
EXCEPTION PERMIT UPON THE APPLICATION OF JAMES
C. WILSON (DRAGON CORPORATION)
WHEREAS, the first reading of this ordinance was held on
November 19, 1991, and the second reading and public hearing was
held on December 17, 1991; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on December 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 Nickens to deny 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
Arnold Covey, Director, Engineering & Inspections
Terry Harrington, Director, Planning & Zoning
John Willey, Director, Real Estate Assessment
Paul Mahoney, County Attorney
1
ACTION NO. A-121791-14
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 17, 1991
AGENDA ITEM: Petition of James C. Wilson (Dragon Corp.) to obtain
a Special Exception Permit to construct an office to be used in
conjunction with the manufacturing and warehousing operation,
located at the northeast corner of Enon and Walrond Drive, Hollins
Magisterial District.
COUNTY ADMINISTRATOR'S COMMENTS: J,
-;,v4 a4AAe4
BACKGROUND: Office uses, independent of
manufacturing use, as proposed as the first
are only permitted with a Special Exception
of Supervisors.
SUMMARY OF INFORMATION
See attached staff report.
ALTERNATIVES
a warehousing or light
phase of construction,
Permit from the Board
Alternative 1: Approve the petition for a special exception to
construct offices in advance of the warehouse space.
Alternative 2: Deny the petition for a special exception permit.
STAFF RECOMMENDATION:
On the basis that the plan amendment and rezoning petition
submitted in conjunction with this request are approved, staff
recommends Alternative 1. Without approval of the rezoning the
special exception is unnecessary and staff would recommend
Alternative 2.
�z 9i -3�
2
Respectfully submitted,
Jonathan Hartley
P fa finer
Approved ( )
Denied ( X)
Received ( )
Referred
to
cc: File
C>
Action
Approved,
Al� ZOV�ZA
Elmer C. Hodg
County Administrator
Motion by Steven A. McGraw
motion to deny petition
Vote
No Yes Abs
Eddy
Johnson
McGraw
Nickens
Robers
Terry Harrington, Director, Planning & Zoning
Arnold Covey, Director, Engineering & Inspections
John Willey, Director, Real Estate Assessment
OF
RVISORS OF
AT A REGULAR MEETING OF THE BOARD COUNTYEADMINISTRATIONOCENTERUNTY,
VIRGINIA, HELD AT THE
DECEMBER 17, 1991
ORDINANCE 121791-15 TO AMEND PROFFERED
CONDITIONS AND TO REZONE APPROXIMATELY 2.43
ACRES OF REAL ESTATE LOCATED AT 4037 ELECTRIC
ROAD IN THE CAVE SPRING MAGISTERIAL DISTRRICCTT
FROM THE ZONING CLASSIFICATION OF B-2r
CONDITIONS, TO THE ZONING CLASSIFICATION OF B-
2, WITHOUT CONDITIONS (AMENDMENT TO PROFFERS)
AND M-Ir WITH CONDITIONS, UPON THE APPLICATION
OF VITO DEMONTE (RIVER RIDGE AUTO BODY, INC.)
WHEREAS, the first reading of this ordinance was held on
November 19, 1991, and the second reading and public hearing was
held December 17, 1991; and,
Planning Commission held a public
WHEREAS, the Roanoke County
hearing on this matter on December 3, 1991; and,
WHEREAS, legal notice and advertisement has been provided as
required by law; and
rezoned to B-2, General Commercial
WHEREAS, this property was
District, with proffered conditions, on April 19, 1985.
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 approximately 2.43 acres, as described herein,
and located at 4037 Electric Road in the Cave Spring Magisterial
District, is hereby changed as follows:
(a) As to that portion of the site fronting on Route 419
and north of the zoning line as shown on concept plan prepared for
River Ridge Auto Body, dated October 22, 1991, which portion is
presently zoned B-2, General Commercial District, with Conditions,
04
the zoning classification is changed to B-2, General Commercial
District, Without Conditions.
(b) As to the rear portion of the site south of the
zoning line as shown on concept plan prepared for River Ridge Auto
Body, Inc. dated October 22, 1991, which portion is presently zoned
B-2, General Commercial District, With Conditions, the zoning
classification is changed to M-1, Light Industrial District, With
Conditions as set out in paragraph 3.
2. That this action is taken upon the application of Vito
DeMonte (River Ridge Auto Body, Inc.).
3. That the owner (Robert C. Bell) has voluntarily proffered
in writing the following conditions in connection with the rezoning
to M-1 on the rear of the site which the Board of Supervisors
hereby accepts:
(1) The part of the parcel situated south of the zoning
line on the attached concept plan will be used as
an automobile collision repair facility and
reasonably incidental and related purposes.
(2) The part of the parcel south of the zoning line may
also be used for the preparation for sale, service,
and repair of automobiles in connection with the
operation of an automobile dealership, if any, from
time to time on that part of the property north of
the zoning line.
(3) No automobiles for which collision repair is
scheduled will be stored outside the building on
the property, except in the parking compound to be
located as shown on the attached concept plan.
(4) The parking compound will be constructed
substantially in the location and according to the
specifications detailed on the attached concept
plan.
(5) All work to repair damaged automobile bodies will
be conducted inside the building.
`A
(6) All spray painting will utilize a down -draft spray
booth with air make-up unit or a booth or system
with at least equivalent filtering capability.
(7) All scrap metal, waste materials and other debris
will be contained in an enclosed area until the time
of removal from the property and will not be
accumulated outside the building pending pickup and
removal, except in an enclosure.
(8) The existing buffer yards and fencing will continue
to be maintained. The provisions of the Roanoke
County Zoning Ordinance applicable to screening and
buffering will be satisfied by the existing
conditions.
(9) All conditions previously proffered and adopted in
connection with zoning the property are eliminated.
The conditions set forth in this proffer are the
sole conditions affecting the property.
4. That said real estate is more fully described as follows:
BEGINNING at an iron pin on the southeasterly side of
Virginia State Primary Route 419, said point being Point
1 on the hereinafter -mentioned plat and being the
northeasterly corner of the property herein described and
adjacent to the property of Atalantis Group, Inc.; thence
leaving Route 419 and with the line of Atalantis Group,
Inc. property, S. 45 deg. 45 min. 00 sec. E. 402.6 feet
to Point 2, a fence post corner, corner to the property
of Emma S. and Earl S. Cunningham; thence leaving the
Atalantis Group Property and with the line of the
Cunningham property the following three courses and
distances: S. 50 deg. 30 min. 00 sec. W. 131.3 feet to
Point 3 marked by an iron pin; thence N. 45 deg. 07 min.
28 sec. W. 89.33 feet to a fence post corner being Corner
4; thence S. 51 deg. 40 min. 00 sec. W. 232.10 feet to
an existing iron pin being Corner 5, said point being on
the northeasterly side of a 20 -foot road right-of-way;
thence with said road, N. 43 deg. 08 min. 00 sec. W. 99.2
feet to an existing iron pin being Corner 6, said point
being corner to the property of John H. Lipscomb and
David A. McGray; thence with the Lipscomb and McCray
property the following four courses and distances: N.
41 deg. 03 min. 00 sec. E. 132.71 feet to an iron pin at
Corner 7; thence N. 49 deg. 01 min. 11 sec. W. 163.11
feet to an existing iron pin at Corner 8; thence S. 40
deg. 01 min. 56 sec. W. 9 feet to a fence post at Corner
9 and N. 47 deg. 52 deg. 59 sec. W. 86.69 feet to an iron
pin at Corner 10, said point being on the southeasterly
3
side of Route 419; thence with the southeasterly side of
Route 419, the following two courses and distances, with
a curve to the right having a radius of 929.93 feet, a
chord being of N. 58 deg. 07 min. 01 sec. E., an arc
distance of 90.38 feet to an iron pin at Corner 11;
thence N. 66 deg. 42 min. 0 sec. E. 169.3 feet to an iron
pin at Corner 1, the place of BEGINNING, and containing
2.43 acres. (Tax Map Nos. 87.07-1-39, 87.07-1-40, 87.0M-0
1-41)
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
shall be, and the same hereby are, repealed.
On motion of Supervisor Robers to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens
NAYS: None
ABSTAIN: Supervisor McGraw
A COPY TESTE:
Mary H. Allen, 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
4
0
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, DECEMBER 17, 1991
ORDINANCE 121791-16 AUTHORIZING THE ACQUISITION AND
ACCEPTANCE OF APPROXIMATELY 44.59 ACRES OF REAL
ESTATE FROM WALTER DARNELL VINYARD AND CLAIBORNE W.
VINYARD
WHEREAS, Walter Darnell Vinyard and Claiborne W. Vinyard have
offered to donate approximately 44.59 acres of real estate, located
in the City of Roanoke, to the Board of Supervisors of Roanoke
County, Virginia; and,
WHEREAS, the donation is to be made subject to certain
conditions and reservations as set forth in the attached copy of
the proposed deed of gift; and
WHEREAS, the intended donation was not to include a small
triangular portion of the property, consisting of 0.614 acre, more
or less, but correction and approval of the plat would delay
settlement beyond December 31, 1991, so that it may be necessary
to later reconvey this parcel to the Vinyards as part of the
consideration for the subject donation; and
WHEREAS, the value of the property to be donated is estimated
to be approximately $500,000.00; and,
WHEREAS, the property is acceptable and favorable for future
public use by Roanoke County; and,
WHEREAS, the sole cost for the acquisition of this property
is approximately $10,000.00 necessary to cover the cost of the
environmental hazard assessment, the independent real estate
appraisal, the land survey, and related expenses in connection with
the acquisition; 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 December 3, 1991;
the second reading was held on December 17, 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 approximately 44.59 acres of real estate located in the
City of Roanoke from Walter Darnell Vinyard and Claiborne W.
Vinyard, subject to the reservations and conditions substantially
conforming with the proposed deed of gift attached hereto, and
subject to the understanding that the Board may later be requested
to reconvey a small triangular parcel, consisting of 0.614 acre,
more or less, to the Vinyards.
2. That the sum of $10,000.00 is hereby appropriated from
the Board Contingency to cover the incidental costs of this
acquisition.
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 the acquisition and acceptance of
this donated property, all of which shall be approved as to form
by the County Attorney.
On motion of Supervisor Nickens to adopt ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
cc:
A COPY TESTE:
lL
Brenda J. Ho ton, Deputy Clerk
Roanoke County Board of Supervisors
File
John M. Chambliss, Jr., Assistant County Administrator
Paul M. Mahoney, County Attorney
John D. Willey, Director, Real Estate Assessment
Diane D. Hyatt, Director, Finance
Stephen H. Carpenter, Director, Parks & Recreation
DEC -17-1991 15-:433 FPOM F'LI HKETT :=< LOGand TO 7722089 P.02
LAW OTPtcc=
PLUNYETT Q LAGAN
AOANOKE. VA
THIS DEED OF GIFT, made and entered into this the 17th
day of December, 1991, by and between Walter Darnell VINYARD ar.
Claiborne W. VINYARD, husband and wife, Grantors; and BOARD OF
SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, Grantee.
Exempt from recordation
taxes under Section
58.1-811(3) of the Code
Of Virginia, ad amended.
: W I T N 9 S S E T H:
WHEREAS, the Grantors desire to make a gift of the hezei
described property to Grantee on the conditions hereinafter set
forth, and Grantee, by its duly adopted ordinance, has
authorized the acceptance of the same.
NOW, THEREFORE, in consideration of the premises, the
Grantors do hereby give, grant and convey unto Grantee, subject
to the reservations, restrictions and conditions hereinafter se -
forth, all of those certain Jots, tracts or parcels of land
lying and being in the City of Roanoke, State of Virginia, and
more particularly described as follows, to -wit:
All of the new Tract 2 containing 44.590
acres, more or less, as shown on a plat of survey
showing the subdivision of properties 4.038 acre
tract, 24.92 acre tract, and a 24.408 acre tract
belonging to Walter D. Vinyard and Claiborne W.
Vinyard, creating new Tract 1, 8.44 acre tract, and
new Tract 2, 44.590 acre tract, situate adjacent to
Berkley Road, (Virginia Secondary Route 653), made
by Jack G. Bess, Certified Land Surveyor, dated
November 27, 1991, and of record in the Clerk's
Office of the Circuit Court of the City of Roanoke,
- Virginia, in Map Book , page
-1-
DEC -17-1491 15: 47- FROM PLUNKETT Li GH' tv Ti i 7722089 7-.IJ73
uw osrieca
PLUNKETT A LOGAN
RD^NOM vA
To have and to hold unto the Grantee subject to
easements, reservations, restrictions and conditions of recor(
affecting the same and to the following reservations,
restrictions and conditions:
(1) The aforesaid New Tract 2 is granted to the Grant(
Iso long as the same is used for the uses described in the
following Paragraph No. 4, and thereafter so long as the same
is used and maintained exclusively for public recreational
purposes in the form of a park or playground, and for the use
and benefit of the public, especially for the citizens of the
County of Roanoke, Virginia, and to repair, beautify,
embellish, keep up and maintain the same for said recreationa.
purposes and if the same ceases to be so used the title to an(
ownership of the land hereby conveyed and all improvements
thereon shall immediately revert to the Grantors herein, their
heirs, devisees, and assigns.
(2) Grantors reserve the perpetual right to receive
water from the spring situate on the said new Tract 2 and an
easement for the maintenance, repair and replacement of the
existing water pipeline extending from the spring to the
dwelling house situate on new Tract 1 of 8.448 acres shown on
the aforesaid plat of survey, which reservation shall be
appurtenant to and run with the title to the aforesaid new
Tract 1.
—2—
DEC -17-1'-91 15:44 FROM PLU UKETT &. LLi SAN Ti_i T 7 _`i_i ;._D _ , F,_
(3) Grantee covenants and agrees that it will maintain
by cutting and trimming vegetation and cleaning the old
Persinger enclosed graveyard situate on a lot at the
intersection of Memorial Avenue and Edgewood Street, S. W., in
the City of Roanoke, Virginia, at least one (1) time each year.
(4) There is reserved the right to graze and take hay
from the property herein conveyed until such time as Grantee
(desires to use the same for recreational purposes.
Elmer C. Hodge, County Administrator of Roanoke County,
Virginia, hereby joins in the execution of this instrument to
signify the acceptance by the Board of Supervisors of Roanoke
County, Virginia, of the real estate conveyed herein pursuant
to Ordinance No. adopted by said Board of Supervisors on
the day of , 1991.
IN TESTIMONY WHEREOF, witness the following signatures
land seals:
jApproved as to form:
Vickie L. Huffman
Assistant County Attorney
LAW 0MCKS
PLUNKETT a LOGAN
AOANOKK. VA
Walter Darnell Vinyard (SEAL)
Claiborne W. Vinyard (SEAL)
BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
BY: (SEAL)
Elmer C. Hodge
County Administrator
Ckl=
'"-1 (-1yy1 15:44 FR 11.1 FLUNKETT x: LLGHN
uw osPiecs
PLUNKETT Q LOOAN
AOANOM YA
'7722089 Fl.lj_
STATE OF VIRGINIA
CITY OF ROANOKE
The foregoing instrument was acknowledged before me this
day of , 1991, by Walter Darnell
Vinyard and Claiborne W. Vinyard, husband and wife.
My commission expires:
Notary public
STATE OF VIRGINIA
COUNTY/CITY OF ROANOKE, To -Wit:
The foregoing instrument was acknowledged.before me this
day of 1991, by Elmer C. Hodge, County
Administrator, on behalf of the Board of Supervisors of Roanoke
County, Virginia.
My commission expires:
deedswp
-4-
Notary Public
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA, HELD AT THE
ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, DECEMBER 17, 1991
RESOLUTION 121791-17 OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA WITH RESPECT
TO ROANOKE COUNTY RESOURCE AUTHORITY LANDFILL FINANCING
The Board of Supervisors ("Board") of the County of Roanoke,
Virginia ("County") created the Roanoke County Resource Authority
("Authority") by resolution adopted June 14, 1989. The Authority
was created, among other things, to provide for the development
and operation of a sanitary landfill to serve the County and such
other entities as the Authority may determine ("Project"). The
Authority intends to finance the acquisition, construction,
development and equipping of the Project by the issuance of its
revenue bonds ("Bonds") and notes in anticipation thereof
("Notes"). The Board has determined that it is in the best
interest of the County to assist the Authority in the acquisition,
construction, development and equipping of the Project and the
financing thereof. The Board adopted resolutions on November 15,
1989 and December 18, 1990 agreeing to assist the Authority in such
financing and desires to reaffirm such resolutions.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF ROANOKE, VIRGINIA:
1. Assistance to Authority. The Board agrees to assist the
Authority in financing the Project. It is anticipated that the
Authority will finance the Project by the issuance and sale of its
Notes in the principal amount not to exceed $2 million in
anticipation of the issuance and sale of the Authority's Bonds.
The Board agrees that in the event that the Bonds are not issued,
the Board will take such steps as may be necessary to pay to the
Authority the amount necessary to pay principal of and interest on
the Notes at maturity. The Board, while recognizing that it is not
empowered to make any binding commitment beyond the current fiscal
year, states that it is its current intention to make sufficient
appropriations to pay such moneys to the Authority in the event
that the Bonds are not issued by the Authority. Nothing in this
Resolution or the Notes shall constitute a pledge of the full faith
and credit of the County beyond the constitutionally permitted
annual appropriations.
2. Further Actions. The County Administrator and such
officers and agents of the County as he may designate are each
authorized and directed to prepare, execute, and deliver any and
all papers, instruments, opinions, certificates and other documents
and to take such action as they deem appropriate to carry out the
purposes of this Resolution and any such action previously taken
is hereby ratified and confirmed.
3. Effective Date. This Resolution shall take effect
immediately.
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:
-V
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
The undersigned Clerk of the Board of Supervisors of the
County of Roanoke, Virginia certifies that the foregoing resolution
was duly adopted at a meeting of the Board of Supervisors of the
County of Roanoke, Virginia duly called and held on December 17,
1991 and has not been repealed or amended and remains in full force
and effect.
Date: December 17, 1991 �L� )KI/
Clerk, Board of Supervisors of
the County of Roanoke, Virginia
cc: File
Bond Counsel
Circuit Court Judge
Paul M. Mahoney, County Attorney
Alfred C. Anderson, County Treasurer
Diane D. Hyatt, Director, Finance
John R. Hubbard, Assistant County Administrator