HomeMy WebLinkAbout7/24/1990 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, JULY 24, 1990
RESOLUTION 72490-1 OF APPRECIATION TO VIRGINIA AMATEUR
SPORTS, INC. AND COREAST SAVINGS BANK FOR BRINGING THE
1990 VIRGINIA STATE GAMES TO THE ROANOKE VALLEY
WHEREAS, Virginia Amateur Sports, Inc., planned, promoted
and presented the 1990 Virginia State Games, providing an
opportunity to athletes from all over the Commonwealth to
participate in the various events; and
WHEREAS, thousands of people visited the Roanoke Valley
during the three days of the Games, providing an economic benefit
to area businesses; and
WHEREAS, CorEast Savings Bank sponsored the 1990 Virginia
State Games, providing funding and support to Virginia Amateur
Sports, Inc.; and
WHEREAS, the 1990 Virginia State Games were a tremendous
success and an event of which the Roanoke Valley can be proud.
NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County
Board of Supervisors hereby expresses its appreciation, and the
appreciation of its citizens to VIRGINIA AMATEUR SPORTS, INC., and
to COREAST SAVINGS BANK for bringing the 1990 Virginia State Games
to the Roanoke Valley; and
FURTHER, BE IT RESOLVED, that the Roanoke County Board
of Supervisors extends its sincere wishes for the continued success
of the Games in the Roanoke Valley.
On motion of Supervisor Nickens to adopt resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
JV
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Resolutions of Appreciation File
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, JULY 24, 1990
RESOLUTION 72490-2 REQUESTING THE VIRGINIA
ASSOCIATION OF COUNTIES TO CONSIDER CERTAIN
ISSUES OF STATEWIDE SIGNIFICANCE FOR ADOPTION
IN ITS 1991 LEGISLATIVE PROGRAM
WHEREAS, the Virginia Association of Counties annually adopts
a legislative program for submission to the General Assembly for
the Commonwealth of Virginia; and,
WHEREAS, the Virginia Association of Counties has requested
its membership to submit to it issues of statewide significance for
consideration and adoption in its 1991 legislative program; and,
WHEREAS, the Board of Supervisors of Roanoke County, Virginia,
has considered and debated a variety of issues of statewide
significance for consideration by the membership of the
Association.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA:
1) That the following issues of statewide significance are
hereby submitted to the Virginia Association of Counties for the
consideration of its membership for adoption in the 1991
legislative program:
a) Support the findings, conclusions and
recommendations of the Grayson Commission;
b) Support additional State funding for human services
needs, including Medicaid reimbursement and funding
for mandated programs, administrative costs and
equipment costs; and
1
C) Support the enactment of legislation granting equal
borrowing and taxation powers for cities and
counties.
2) That the Clerk is hereby requested to mail a certified
copy of this resolution to the Virginia Association of Counties.
On motion of Supervisor Nickens to adopt resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Paul Mahoney, County Attorney
Virginia Association of Counties
2
1
ACTION NO. A-72490-3
ITEM NO. -Z)- -a
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 24, 1990
AGENDA ITEM: CLAIM OF KENNETH L. WRIGHT AND MARY Y. WRIGHT FOR
PUNITIVE DAMAGES IN RELATION TO DRAINAGE MAINTENANCE
PROJECT IN PENN FOREST SUBDIVISION
COUNTY ADMINISTRATOR'S COMMENTS:
EXECUTIVE SUMMARY:
By letter dated July 9, 1990, Terry N. Grimes (Attorney)
presented a claim for punitive damages of $100,000.00 on behalf of
Kenneth L. and Mary Y. Wright for consideration by the Board. (See
Attachment A.) This additional claim arises from the drainage
maintenance project in Penn Forest Subdivision, which included
construction within the existing drainage easement on the Wrights'
property.
BACKGROUND:
On June 26, 1990, the Board considered a previous claim
presented by the Wrights' attorney, Terry N. Grimes. The claim
involved a request that the County restore the drainage channel on
the Wrights' property to the condition it was in prior to the
alterations. Alternatively, they requested that the County pay
them the sum of $4700 and agree to certain conditions as to
maintenance and liability. The claim was denied.
SUMMARY OF INFORMATION:
The present claim involves the same facts and circumstances
as that of June 26, 1990. The Wrights are requesting an award of
punitive damages in the amount of $100,000.00 for "aggravated
trespass."
Punitive damages may be awarded to a plaintiff over and above
the damages that would compensate for the actual loss. Punitives
come into play where the wrong done, if any, was aggravated by
circumstances of violence, oppression, malice, fraud, or wanton
and wicked conduct on the part of the defendant. They are
considered money given to the plaintiff as punishment to the
defendant or as compensation for the injury inflicted on the mental
feelings of the plaintiff, i.e. shame, degradation, loss of social
position, and the like.
A finding of compensatory damages is a necessary predicate for
an award of punitive damages. County staff recommends that the
claim for punitive damages be denied in accordance with the Board's
previous decision to deny the Wrights' claim for restoration or for
compensatory damages and an agreement to conditions of maintenance
and liability.
FISCAL IMPACTS•
There is no direct fiscal impact in denying this claim, as it
would require no immediate expenditure of public funds. It is
anticipated, however, that the Wrights will pursue their claim in
the Circuit Court which is likely to involve a significant amount
of County time.
ALTERNATIVES•
(1) Reconsider the previous decision of June 26, 1990.
(2) Deny the claim.
STAFF RECOMMENDATION:
Staff recommends that the claim of Kenneth L. and Mary Y.
Wright for punitive damages be denied. Any other alternative would
have a significant adverse impact upon Roanoke County and the
Drainage Maintenance Program.
Respectfully submitted,
1 wJ (-YA
- !LL222:�-t
Paul M. Mahoney
County Attorney
Vickie L. Huffman
Assistant County Attorney
3
Action Vote
No Yes Abs
Approved (x) Motion by Harry C. Nickens Eddy
Denied ( ) that claim be denied Johnson
Received ( ) McGraw
Referred Nickens
to Robers
cc: File
Paul Mahoney, County Attorney
x
x
x
ATTACHMENT A
LAW OFFICES
KING, FULGHUM, SNEAD, NIXON
112 WEST KIRK AVENUE
ROANOKE, VIRGINIA 2,4011-1602
W. COURTNEY KING, JR.
JAMES 11. FUL.GIrUM, JR.
W. BEN SNEAD, JR.
G. DAVID NDCON
TERRY N. GRIMES
Paul Mahoney, Esquire
County of Roanoke
PO Box 29800
Roanoke, VA 24018-0798
July 9, 1990
RE: Wright v. County of Roanoke
Dear Paul,
T) - 7-"\
& GRIMES, P;. ,Ll�-
---------
TELEPHONE
703-982-3711
W. COURTNEY KING, SR.
1897. 1985
In addition to injunctive relief, compensatory damages and
declaratory judgment, the Wrights` will be seeking an award of
punitive damages of $100,000.00 from the County for aggravated
trespass. Accordingly, please place the Plaintiffs' claim for
punitive damages on the Board of Supervisors agenda for July 24,
1990 at 3:00 p.m. for consideration by the Board of Supervisors.
Given that the Board of Supervisors has denied the Wrights'
claim for claim for compensatory damages and other relief, it is
not likely that the Board will approve the Wrights' claim for
punitive damages. Accordingly, I will not appear on their behalf
at the Board of Supervisor's meeting and ask that I be notified
of the Board's decision in writing as provided by Virginia Code
§15.1-552 (1950), as amended.
Very truly yours,
KING, FULGHUM, SNEAD, NIXON & GRIMES, P.C.
Terry N. Grimes
TNG:bg
c: Kenneth and Mary Wright
ACTION ##
A-72490-4
ITEM NUMBER --D-4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 24, 1990
AGENDA ITEM: Request Authorization for Roanoke County's
Participation in the FEMA Community Rating System
COUNTY ADMINISTRATOR'S COMMENTS:
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EXECUTIVE SUMMARY:
The Federal Emergency
Management Agency (FEMA)
has recently
initiated
a Community
Rating System (CRS) program
to reward and
recognize
Community
Programs which reduce the
impact and
frequency
of flooding.
CRS is similar to insurance
rating which
allows a
reduction in
premiums to people living in
communities
which have
done more than minimum requirements.
SUMMARY OF INFORMATION:
Based on information from FEMA there are 259 property owners in
Roanoke County that have flood insurance. Their total premium is
$81,920 per year or an average policy cost of $316.
The Community Rating System will have ten different
classifications. The Class 10 Rating would have no premium
reduction, and a Class 1 Rating would allow up to a 50o premium
reduction, and would recognize community programs which reduce
the impact and frequency of flooding. Each change in Class
represents a 5% reduction in premium.
Each year a community can apply for a 5% reduction in Flood
Insurance Premium Cost. The request has to be based on the
implementation and/or development of a variety of activities
which would reduce the impact and frequency of flooding. Based
on a review of the CRS Program, staff believes that Roanoke
County possibly could obtain a 25% reduction in Flood Insurance
Premium over a five to ten year period with a minimum
expenditure of County Funds. While there is no charge to apply
to the program, there is considerable cost to complete the
extensive application, implement the creditable activities, and
provide for the required followup verification. Roanoke County
is currently providing the following activities that qualify for
reductions in flood insurance premiums and could provide up to a
10% reduction:
:Elevation Certificates,
:Assisting the public,
:Stormwater Management Ordinance,
:Drainage System Maintenance,
:and Repetitive loss projects.
The following activities are projects that could provide
additional reduction in class. These will be presented to the
Board of Supervisors for their consideration, cost evaluation,
and possible approval on a yearly basis.
:Documentation on elevation certificates,
:Outreach projects to landowners in special flood hazard
:area,
:Adopting higher regulatory Standards,
:Sending additional floodwater calculations to FEMA for
:approval,
:Updating FEMA Maps,
:Additional repetitive loss projects,
:Retrofitting.
It is estimated that the application will require between 100 and
150 manhours with the majority of this time by Engineering
Department personnel.
ALTERNATIVES AND IMPACTS:
Alternative #1: Approval for Roanoke County to apply for and
participate in the FEMA Community Rating System to provide
benefits to the current or future flood insurance policyholders
in Roanoke County. In addition, implementation of programs
developed will have general benefit to citizens countywide. This
program will utilize existing engineering personnel under the
Drainage Activity. No additional staff will be needed.
Alternative #2: By not participating in the Community Rating
System Roanoke County would not change the cost of flood
insurance to the citizens. The FEMA Flood Insurance Program
would not be jeopardized. There is a possibility that the
relative insurance cost for a Class 10 Locality may increase in
future years, if the Community Rating System Program is
successful nationwide.
STAFF RECOMMENDATION:
Staff recommends that the Board approve Roanoke County's
application and participation in the Federal Emergency Management
Community Rating System Program.
SUBMITTED BY: APPROVED BY:
Phillip T. Henry, P. Elmer Hodge
Director of Engineering F County Administrator
---------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Harry C Nickens No Yes Abs
Denied ( ) to proceed with Eddy x
Received ( ) application Johnson x
Referred McGraw x
To Nickens x
Robers x
cc: File
Phillip Henry, Director, Engineering
Cliff Craig, Director, Utility
1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, JULY 24, 1990
ORDINANCE 72490-5 AUTHORIZING THE CONVEYANCE
OF SURPLUS REAL ESTATE AND THE ACQUISITION OF
REAL ESTATE AND A RIGHT OF WAY FOR THE FORT
LEWIS E-911 TOWER SITE
WHEREAS, the first reading of this ordinance was held on July
24, 1990; and the second reading of this ordinance was waived
pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, in that an emergency is deemed to exist; and,
WHEREAS, pursuant to the provisions of Section 16.01 of the
Roanoke County Charter, certain real estate has been deemed to be
surplus in relation to the use for which it was originally
acquired, and is hereby made available for disposition.
THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA, as follows:
1) That the conveyance of that certain tract of real estate
(Tax Map No. 43.00-1-43) containing approximately 5.25 acres of
real estate, previously a well lot, and designated as Lots 1
through 7 and 7A of Talking Leaves Park (as shown in Plat Book 3,
Page 200 in the Clerk's Office of the Circuit Court of Roanoke
County, Virginia) to David W. Shelor and Constance R. Shelor is
hereby authorized and approved.
2) That the acquisition of a metal reservoir well lot
(approximately 100'x 1001) from David W. Shelor and Constance R.
Shelor, on land of Shelor on the southern slope of Fort Lewis
Mountain is hereby authorized and approved.
3) That the acquisition of a right-of-way and easement from
N
David W. Shelor and Constance R. Shelor, being the same as
previously granted to the Commonwealth of Virginia, Department of
State Police (as shown in Deed Book 1233, Page 174 in the Clerk's
Office of the Circuit Court of Roanoke County, Virginia) for a
period of five (5) years, with an additional term, is hereby
authorized and approved.
4) That the County Administrator is hereby authorized to
execute such documents and take such actions as may be necessary
to accomplish these conveyances, all of which shall be on form
approved by the County Attorney.
5) That in order to provide for the immediate construction
of a radio tower for the Roanoke County E-911 radio system an
emergency is deemed to exist, that the second reading of this
ordinance is hereby waived, and that this ordinance shall be in
full force and effect upon its passage.
On motion of Supervisor Nickens to waive second reading and
adopt ordinance, and carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Paul Mahoney, County Attorney
John Willey, Director, Real Estate Assessment
Diane Hyatt, Director, Finance
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, JULY 24, 1990
ORDINANCE 72490-6 AUTHORIZING RECONVEYANCE OF
THE FORMER FIRE STATION SITE IN THE ROANOKE-
BOTETOURT INDUSTRIAL PARR TO GREATER ROANOKE
VALLEY DEVELOPMENT FOUNDATION AND ROANOKE
VALLEY DEVELOPMENT CORPORATION
WHEREAS, a certain parcel of real estate located in Botetourt
County, Virginia, was deeded to the Board of Supervisors of Roanoke
County, Virginia, and the Board of Supervisors of Botetourt County,
Virginia, for the specified purpose of constructing a fire station;
and,
WHEREAS, the donation of said parcel to the Counties was
subject to the condition that the property would revert to the
Grantors in the event that the Counties had not appropriated funds
for and had not begun construction of a fire station on the parcel
within five years, namely by November 24, 1991; and,
WHEREAS, the Counties have reached an agreement to construct
the joint fire station on a different parcel of land and the
subject parcel will not be used for the specified purpose.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the
Roanoke County Charter, the acquisition and disposition of real
estate can be authorized only by ordinance. A first reading of
this ordinance was held on July 10, 1990; and a second reading was
held on July 24, 1990; and,
2. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the remaining rights in the subject
parcel of real estate are hereby declared to be surplus and the
condition applicable to the property renders it unacceptable and
unavailable for other public uses; and,
3. That reconveyance of the subject parcel, described as
Parcel B, consisting of 2.183 acres, located to the north of Route
460 in the Roanoke-Botetourt Industrial Park, in the Bonsack area
of the Blue Ridge District, County of Botetourt, Virginia, to the
Greater Roanoke Valley Development Foundation and the Roanoke
Valley Development Corporation, is hereby authorized.
4. That the County Administrator is hereby authorized to
execute such documents and take such actions as may be necessary
to accomplish this conveyance, all of which shall be on form
approved by the County Attorney.
On motion of Supervisor Johnson to adopt ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
ARM
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Paul Mahoney, County Attorney
ACTION NO. A-72490-7
ITEM NUMBER f - 5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 24, 1990
AGENDA ITEM: Appointment to the Southwest Virginia Health
Systems Agency
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Southwest Virginia Health Systems Agency is currently seeking
a representative from local government to serve on its Board of
Directors. This organization is asking for nominees from each of
the forty-one governing bodies who would be willing to serve. From
these nominees, the Southwest Virginia Health Systems Agency will
select only one member to serve on their Board of Directors.
Supervisor R. W. Robers has expressed his willingness to be
nominated for this appointment.
RECOMMENDATION•
It is recommended that Supervisor R. W. Robers be nominated to
serve on the Southwest Virginia Health Systems Agency Board of
Directors and this information to be forwarded to Mr. A. Frank
Teske, Dr., Chairman, Nominating Committee.
Approved by,
L Elmer Ct. Hodge
County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Lee B. Eddy nominated No Yes Abs
Denied ( ) seconded by Steven A. McGraw Eddy x
Received ( ) Johnson x
Referred ( ) McGraw x
To ( ) Nickens x
Robers x
cc: File
Committee Book
1356 Maple Avenue SW ` Post Office Box 2825 • Roanoke, Virginia 24011 • (703) 981-1822
May 239 1990
Mr. Elmer C. Hodqe
Roanoke County Administrator
P.O. Box 29800
Roanoke, VA 24018-0798
Dear Mr. Hodqe:
In accordance with state laws adopted by the 1989 General
Assembly, the Southwest Virqinia Health Systems Aqency is
currently seekinq a representative from local government to serve
on our Board of Directors. The Southwest Virqinia Health Systems
Aqency serves as the reqional health planninq agency for a 29
county area of southwest Virqinia extendinq from Alleqhany County
to Amherst County to Pittsylvania County and westward. A copy of
our annual report for 1988-89 was sent to you at the beginninq of
the year.
Our aqency is seekinq nominations for this local qovernment
representative from each of the 41 political jurisdictions in the
area they serve. We are interested in electinq someone to our
Board with a firm knowledqe of local government activities,
preferably an elected or appointed official. These individuals
will be elected for a three year term and should be able to
commit to attendinq a monthly meetinq held on the first
Wednesday. If your jurisdiction would like to submit the name of
someone for the position on our Hoard, we would appreciate your
doinq so by June 25, 1990. Please forward the name of your
nominee to our office at the address indicated above. If you
need additional information about our aqency, please feel free to
contact our executive director, Ken Cook, at (703) 981-1822.
Your assistance in this matter will be qreatly appreciated.
Please do not hesitate to contact the HSA staff if they may be of
assistance to you.
Sincerely,
A. Frank Teske, Sr.
Chairman, Nominatinq Committee
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, JULY 24, 1990
RESOLUTION 72490-8 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS
AGENDA FOR THIS DATE DESIGNATED AS
ITEM L - 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 July 24, 1990, designated as Item L 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 as follows:
1. Approval of Raffle Permit - The Knights Booster
Club at Cave Spring High School.
2. Acknowledgement from the Virginia Department of
Transportation of the acceptance of 0.45 mile of
Cedar Edge Road (Route 2035) into the Secondary
System.
3. Resolution requesting changes in Secondary System
due to relocation and reconstruction of Sugarloaf
Mountain Road (Route 692).
4. Resolution requesting changes in Secondary System
due to relocation and reconstruction of Roselawn
Road (Route 689).
5. Resolution requesting changes in Secondary System
due to relocation and reconstruction of Brookridge
Road (Route 660).
6. Resolution requesting changes in Secondary System
due to relocation and reconstruction of Tinsley
Lane (Route 711).
7. Authorization to settle pending litigation with
Fabricated Metals, Inc. for outstanding utility
bills.
8. Resolution supporting Total Action Against
Poverty's application for grant from the Virginia
Indoor Plumbing Program
2. That the Clerk to the Board is hereby authorized and
directed where required by law to set forth upon any of said items
the separate vote tabulation for any such item pursuant to this
resolution.
On motion of Supervisor Johnson to adopt resolution with
minor corrections to maps on Items 3, 4, 5, and 6, and carried by
the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Phillip Henry, Director, Engineering
Diane Hyatt, Director, Finance
Bingo/Raffle Permit File
ACTION NO. A -72490-8.a
ITEM NUMBER L
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 24, 1990
AGENDA ITEM: Request for approval of a Raffle Permit from the
Knights Booster Club at Cave Spring High School
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Knights Booster Club at Cave Spring High School has requested
a Raffle Permit to hold a raffle on September 24, 1990. This
application has been reviewed with the Commissioner of Revenue and
he recommends that it be approved.
The organization has paid the $25.00 fee.
STAFF RECOMMENDATION:
It is recommended that the application for a Raffle Permit be
approved.
SUBMITTED BY: APPROVED BY:
Mary H. Aflen , 2 lmer C. Hodge
Clerk to the Board 'L 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
L-1
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 Countv 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. s_ q.
of the criminal statutes of the Virginia Code, and by Section
4-86 et. seq. of the Roanoke County Code. These laws authorize
the County Board of Supervisors to conduct a reasonable investiga-
tion prior to granting a bingo or raffle permit. The Board has
sixty days from the filing of an application to grant or deny the
permit. The Board may deny, suspend, or revoke the permit of any
organization found not to be in strict compliance with county and
state law.
Any person violating county or state regulations concerning these
permits shall be guilty of a Class 1 misdemeanor. Any person who
uses any part of the gross receipts from bingo or raffles for any
purpose other than the lawful religious, charitable, community,
or educational purposes for which the organization is specifi-
cally organized, except for reasonable operating expenses, shall
be guilty of a Class 6 felony.
THIS APPLICATION IS FOR: (check one)
RAFFLE PERMIT X
BINGO GAMES
Name of Organization Knight's Booster Club (Cave Spring High School)
Street Address 3260 Lonohorn Road
Mailing Address Roanoke, Virginia 24018
City, State, Zip Code
Purpose and Type of Organization Pncourage, Promote & Support all
of the Athletic Programs of Cave Spring High School
When was the organization founded? 197
1
L-1
Roanoke County meeting place? Cave SpringHigh School
Has organization been in existence in Roanoke County for two con-
tinuous years? YES X NO
Is the organization non-profit? YES X NO
Indicate Federal Identification Number # In Process
Attach copy of IRS Tax Exemption letter.
Officers of the Organization:
President: Mr. Jack Lang Vice-PresidentRocer Jefferson
Address: 5932 Big Horn Dr. Address: 5359 Doe Run Rd.
Roanoke, VA 24018
Secretary: Karen Colgrove L
Address: 3452 Greencliff Rd.
Roanoke, VA 24014
Treasurer: Joffe NoPll
Address: 3260 Longhorn Rd.
Roanoke, VA 24018 Roanoke, VA 24018
Member authorized to be responsible for Raffle or Bingo opera-
tions:
Name W. Peter Smithson
Home Address 4825 Hunting Hills Dr.
Phone 989-4633 Bus. Phone 982-0011
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.
Cave Spring High School
RAFFLES: Date of Drawing S,;;N�zmbe_r. 24 Time of Drawing7:00 PM
BINGO: Days of Week & Hours of Activity:
Sunday
From
To
Monday
From
To
Tuesday
From
To
Wednesday
From
To
Thursdav
From
To
Friday
From
To
Saturday
From
To
2
L-1
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 intent of the Raffle is to raise $25,000. The proceeds
are budgeted to be distributed in the following maner:
$11,000 will be distributed to patrons of the raffle in
five reverse drawings.
$10,000 will be used by the Cave Spring High School Football
Team to purchase equipment, uniforms.
$4000 will be used for the building fund for new press box/
concession stand currently being constructed at Cave
Spring Junior High School
3
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 N/A
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? 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
L-1
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? YES
8. Does your organization understand that each Financial Report
must be accompanied by a Certificate, verified under oath by the
Board of Directors, that the proceeds of any Bingo game or raffle
have been used for these lawful, religious, charitable, commu-
nity, or educational purposes for which the organization is spe-
cifically chartered or organized, and that the operation of Bingo
games or raffles have been in accordance with the provisions of
Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia? YES
9. Does your organization understand that a one percent audit
fee of the gross receipts must be paid to the County of Roanoke
upon submission of the annual financial report due on or before
the first of November? YES
10. Does your organization understand that this permit is valid
only in the County of Roanoke and only at such locations, and for
such dates, as are designated in the permit application? YES
11. Does your organization understand that no person, except a
bona fide member of any such organization who shall have been a
member of such organization for at least ninety days prior to
such participation, shall participate in the management, opera-
tion, or conduct of any bingo game or raffle, and no person
shall receive any remuneration for participating in management,
operation, or conduct of any such game or raffle? YES
12. Has your organization attached a check for the annual permit
fee in the amount of $25.00 payable to the County of Roanoke,
Virginia? YES
13. Does your organization understand that any organization found
in violation of the County Bingo and Raffle Ordinance or §18.2-
340.10 of the Code of Virginia authorizing this permit is subject
to having such permit revoked and any person, shareholder, agent,
member or employee of such organization who violates the above to
having such permit revoked and any person, shareholder, agent,
member or employee of such organization who violates the above
referenced Codes may be guilty of a felony? YES
5
L -I'
14. Has your organization attached a complete list of its member-
ship to this application form? YF_S
15. Has your organization attached a copy of its bylaws to this
application form? y I;
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? Tn PrnrPcc
real, personal property,
17. State the specific type and purpose of the organization.
Tn Pnrmiragp nrmmntP R SiiQnnrt all of the AthlPtir Prngramc
of rRvPr�� inq HjQh Srhnnl
18. Is this organization incorporated in Virginia? NO
If yes, name and address of Registered Agent:
19. Is the organization registered with the Virginia Department
of Agriculture and Consumer Affairs pursuant to the Charitable
Solicitations Act, Section 57-48 of the Virginia Code? In Process
(If so, attach copy of registration.)
Has the organization been granted an exemption from registration
by the Virginia Department of Agriculture and Consumer Affairs?
In Process (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
Cash
11
Fair Market Value
$11,000
L- I
ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE
NOTARIZATION
RAFFLE APPLICANTS, GO TO NOTARIZATION.
20. Does your organization understand that the bingo games shall
not be conducted more frequently than two calendar days in any
calendar week?
21. Does your organization understand that it is required to keep
complete records of the bingo game. These records based on §18.2-
340.6 of the Code of Virginia and §4.98 of Roanoke County Code
must include the following:
a. A record of the date, quantity, and card value of instant
bingo supplies purchased, as well as the name and address of
the supplier of such instant bingo supplies, and written
invoice or receipt is also required for each purchase of in-
stant bingo supplies?
b. A record in writing of the dates on which Bingo is played,
the number of people in attendance on each date, and the
amount of receipts and prizes on each day?
(These records must be retained for three years.)
c. A record of the name and address of each individual to whom a
door prize, regular or special Bingo game prize or jackpot
from the playing of Bingo is awarded?
d. A complete and itemized record of all receipts and disburse-
ments which support, and that agree with, the quarterly and
annual reports required to be filed, and that these records
must be maintained in reasonable order to permit audit?
22. Does your organization
be conducted at such time as
and only at such locations
this application?
understand that instant Bingo may only
regular Bingo game is in progress,
and at such times as are specified in
23. Does your organization understand that the gross receipts in
the course of a reporting year from the playing of instant Bingo
may not exceed 33 1/3% of the gross receipts of an organization's
Bingo operation?
24. Does your organization understand it may not sell an instant
Bingo card to an individual below sixteen years of age?
25. Does your organization understand that an organization whose
gross receipts from all bingo operations that exceed or are ex-
pected to exceed $75,000 in any calendar year shall have been
granted tax-exempt status pursuant to Section 501 C of the United
States Internal Revenue Service?
(Certificate must be attached.)
7
L-/
26. Does vour organization understand that a Certificate of Occu-
pancy must be obtained or be on file which authorizes this use at
the proposed location?
27. Does your organization understand that awards or prize money
or merchandise valued in excess of the following amounts are
illegal?
a. No door prize shall exceed twenty-five dollars.
b. No regular Bingo or special Bingo game shall exceed One Hund-
red dollars.
c. No jackpot of any nature whatsoever shall exceed One Thousand
Dollars, nor shall the total amount of jackpot prizes awarded
in any one calendar day exceed One Thousand Dollars.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL
APPLICANTS
I hereby swear or affirm under the penalties of perjury as set
forth in §18.2 of the Code of Virginia, that all of the above
statements are true to the best of my knowledge, information, and
beliefs. All questions have been answered.
Signed by: Jack Lang
/ Name ` `�� Title Home Address 1��
Subscribed and sworn before me, this .5� day of 0'19 9
My commission expires:
19�
RETURN THIS COMPLETED APPLICATION TO:
,4Q__
Nota P lic
COMMISSIONER OF THE REVENUE
P.O. Box 20409
Roanoke, VA 24018-0513
D
L— i.
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.
DateCommis -ioner of t e Revenue
The above application is not approved.
r
Date Commissioner of the Revenue
9
ACTION NO. A -72490-8.b
ITEM NUMBER L-
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: July 24, 1990
AGENDA ITEM: Acceptance of Cedar Edge Road into the Secondary
System by the Virginia Department of Transportation
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Roanoke County has received acknowledgement that the following road
has been accepted into the Secondary System by the Virginia
Department of Transportation effective July 9, 1990.
0.45 miles of Cedar Edge Road (Route 2035), Forest Edge,
Section Two
SUBMITTED BY:
Mary H. Allen
Clerk to the Board
APPRO BY*
EImer C./dodge
f` County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (Y) Motion by: Bob L. Johnson No Yes Abs
Denied ( ) Eddy x
Received ( ) Johnson x
Referred ( ) McGraw x
To ( ) Nickens x
Robers x
cc: File
Phillip Henry, Director, Engineering
1 4 b�4: C
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
1401 EAST BROAD STREET
RAY D. PETHTEL RICHMOND, 23219
COMMISSIONER
July 9, 1990
Secondary System
Addition
Roanoke County
Board of Supervisors
County of Roanoke
P. 0. Box 29800
Roanoke, VA 24018-0798
MEMBERS OF THE BOARD:
As requested in your resolution dated March 27, 1990, the
following addition to the Secondary System of Roanoke County is
hereby approved, effective July 9, 1990.
ADDITION
LENGTH
FOREST EDGE, SECTION TWO
Route 2035 (Cedar Edge Road) - From 0.07 mile
North Route 221 on Route 1950 to 0.41 mile North
Route 221 on Route 1950. 0.45 Mi.
Sincerely,
ja D. Pethtel
ommissioner
TRANSPORTATION FOR THE 2.1 ST CENTURY
AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 24, 1990
RESOLUTION 72490-8.0 REQUESTING CHANGES IN
SECONDARY SYSTEM DUE TO RELOCATION AND
RECONSTRUCTION OF SUGARLOAF MOUNTAIN ROAD
(ROUTE 692)
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That this matter came this day to be heard upon the
proceedings herein, and upon the application of a portion Sugarloaf
Mountain Road (Route 692) which was relocated and reconstructed
under VDOT Project 0692-080-199,M-502;
2. That it appears to the Board of Supervisors that portions
of Secondary Route 692, from north of the intersection with Route
689 to a point north of Smokey Ridge Road for a combined distance
of 0.14 miles has been altered; a new road has been constructed and
approved by the State Transportation Commissioner, which new road
serves the same citizens as the road so altered; and these changes
are shown on the attached sketch titled "CHANGES IN SECONDARY
SYSTEM DUE TO RELOCATION AND RECONSTRUCTION ON ROUTE 692, PROJECT
0692-080-199,M-502, DATED IN RICHMOND, VIRGINIA, ON NOVEMBER 2,
1987";
3. That the portion of Secondary Route 692, i.e., Section
#3 for a distance of 0.09 miles, and Section #4 for a distance of
0.05 miles, are hereby added to the Secondary System of State
Highways, pursuant to Section 33.1-229 of the Code of Virginia, as
amended.
4. That the Commonwealth Transportation Board take necessary
action to discontinue the sections of old location, i.e., Section
#1 and #2 for a total distance of 0.10 mile as part of the
Secondary System of State highways pursuant to Section 33.1-150
of the Code of Virginia, as amended.
On motion of Supervisor Johnson to adopt resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
%V. 45:7��
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Phillip Henry, Director, Engineering
Arnold Covey, Director, Development & Inspections
Fred C. Altizer, Jr., Resident Engineer, Virginia Department
of Transportation
NORTH
v
0
0
v_
M
Q�
,c
Sect.
0.06 1,11.
'°o
o
Sect. Y
vJ
0.04'mi.
Sect.3
Spar Loaf N►Sect.4
0.05 mi.
0.09 mi.
c
co°�
s9 ire
LEGEND
Section
of neer location
to be addled to Secondary Systemego
Section
of old location
to be discontinued
( 76.03)
.10 COMMUNITY SERVICES CHANCES IN SECONDARY SYSTEM DUE TO RELOCATION AND
ANDDEVELOPMENT CONSTRUCTION ON ROUTE 6929 PROJECT 0692-080-199,
N-502 (ROANOKE COUNTY)
4
C O R R E C T E D
AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 241 1990
RESOLUTION 72490-8.d REQUESTING CHANGES IN
SECONDARY SYSTEM DUE TO RELOCATION AND
RECONSTRUCTION OF ROSELAWN ROAD (ROUTE 689)
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That this matter came this day to be heard upon the
proceedings herein, and upon the application of a portion of
Roselawn Road (Route 689) which was relocated and reconstructed
under VDOT Project 0689-080-192;
2. That it appears to the Board of Supervisors that
Secondary Route 689 from the intersection of Route 1537 eastward
to 0.539 miles east of Route 1537, for a distance of 0.539 miles
has been altered; new roads have been constructed and approved by
the State Transportation Commission, which new roads serve the same
citizens as the roads so altered; and these changes are shown on
the attached sketch titled " CHANGES IN SECONDARY SYSTEM DUE TO
RELOCATION AND RECONSTRUCTION ON ROUTE 689, PROJECT 0689-080-
192,C-501, DATED AT RICHMOND, VIRGINIA, SEPTEMBER 26, 1986".
3. That the portions of Secondary Route 689, i.e., Sections
7, 8, 9, 10 and 11, for a total distance of 0.23 miles; and that
portions of Secondary Route 690, i.e., Sections 12 and 13 for a
total distance of 0.10 miles be, and are hereby added to the
Secondary System of State Highways pursuant to Section 33.1-229 of
the Code of Virginia, as amended;
A
4. That sections of old locations of Route 689, i.e.,
Sections #1, 2, 3 and 5 for a total distance of 0.21 miles, and a
Section of old location of Route 690, i.e., Section #6 for a
distance of 0.09 miles be, and are hereby abandoned as public
roads, pursuant to Section 33.1-155 of the Code of Virginia, as
amended;
5. That the State Highway Commission be requested to take
necessary action to discontinue the section of old location of
Route 689, i.e., Section 14, a total distance of 0.14 miles, as
part of the Secondary System of State Highways as provided in
Section 33.1-150 of the Code of Virginia of 1950, as amended.
On motion of Supervisor Johnson to adopt resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Phillip Henry, Director, Engineering
Arnold Covey, Director, Development & Inspections
Fred C. Altizer, Jr., Resident Engineer, Virginia Department
of Transportation
To Rt. 692
Ak►:
Oil-
,• • .'r I. i n -y ✓ '
v
jV1CINITY MAP
(94
Sect.1
Sect.1
:.:) Sect. Sect. 9,
Sect.? ..:s:t. ••••'�
Sect. 2
Sect. 3
,
sect.6
3 Sect.10sect. 11
• •� ,
Roselawn
°•° _
sect.•s:
• Sect. 12
1� 1
�•�`: Sect. 4
Sect. 14
� X11
LEGEND �f
.n
�-�-� Section of nm location to be added to Secondary Sgstm V
f
"•»• Section of old location to be abandoned
— — -- — Section of old local to be rennbered
Section of old location to be discontinued
( 86.01)
wmmm .
To Rte. 221
Existing Rte. 690
CDMMUNTY SBRVIC,gS CHANGES IN SECONDARY SYSTEM DUE TO RELOCATION AND
fF ANDDBVBLOPMBNT CONSTRUCTION ON ROUTE 689, PROJECT 0689-080-192,
C-501 (ROANOKE COUNTY)
AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 241 1990
RESOLUTION 72490-8.e REQUESTING CHANGES IN
SECONDARY SYSTEM DUE TO RELOCATION AND
RECONSTRUCTION OF BROORRIDGE ROAD (ROUTE 660)
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That this matter came this day to be heard upon the
proceedings herein, and upon the application of a portion of
Brookridge Road (Route 660) which was relocated and reconstructed
under VDOT Project 0660-080-173,M-502;
2. That it appears to the Board of Supervisors that portions
of Secondary Route 660 from 0.60 miles north of the south
intersection with Route 617 to a point 0.72 miles northwest of the
south intersection of Route 617 for a total distance of 0.12 miles
has been altered; a new road has been constructed and approved by
the State Transportation Commissioner, which new road serves the
same citizens as the road so altered; and these changes are shown
on the attached sketch titled "CHANGES IN SECONDARY SYSTEM DUE TO
RELOCATION AND RECONSTRUCTION OF ROUTE 660, PROJECT 0660-080-173-
M-502, DATED IN RICHMOND, VIRGINIA, ON JULY 6, 1988";
3. That the portion of Secondary Route 660, i.e., Section
#2 for a distance of 0.118 miles be, and is hereby added to the
Secondary System of State Highways, pursuant to Section 33.1-229
of the Code of Virginia, as amended;
4. That the section of old location, i.e., Section #1 for
a distance of 0.04 miles, is hereby abandoned as a public road,
pursuant to Section 33.1-155 of the Code of Virginia, as amended.
On motion of Supervisor Johnson to adopt resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
Mary H. v^len, Clerk
Roanoke County Board of Supervisors
cc: File
Phillip Henry, Director, Engineering
Arnold Covey, Director, Development & Inspections
Fred C. Altizer, Jr., Resident Engineer, Virginia Department
of Transportation
Sect.1
0.04 mi.
9
(80.00)
NORTB
Bock Creek �•^—�.�
Old Bridge ho:
1j been Removed
Brook ridge
Sect.2
0:118 •i.
Section of am location Co be to Semaday System
Section of old looratioa to be abanimed
COMUVNnY SERVICES CHANGES IN SECONDARY SYSTEM DUE TO RELOCATION AND
ANDDBVBLOPMENT CONSTRUCTION ON ROUTE 660, PROJECT: 0660-080-173,
M-502 (ROANOKE COUNTY)
AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 241 1990
RESOLUTION 72490-S.f REQUESTING CHANGES IN
SECONDARY SYSTEM DUE TO RELOCATION AND
RECONSTRUCTION OF TINSLEY LANE (ROUTE 711)
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That this matter came this day to be heard upon the
proceedings herein, and upon the application of a portion of
Tinsley Lane (Route 711) which was relocated and reconstructed
under VDOT Project 0221-080-106,C-501;
2. That it appears to the Board of Supervisors that
Secondary Route 711, from the intersection of Route 221
northwestward to 0.07 miles west of Route 221, a distance of 0.07
miles, has been altered; a new road has been constructed and
approved by the State Transportation Commissioner, which new road
serves the same citizens as the road so altered; and these changes
are shown on the attached sketch title "CHANGES IN PRIMARY AND
SECONDARY SYSTEM DUE TO RELOCATION AND RECONSTRUCTION OF ROUTE 221,
PROJECT 0221,080-106,PE-101,RW-201,C-501, DATED AT RICHMOND,
VIRGINIA, ON MARCH 26, 1986";
3. That the portion of Secondary Route 711, i.e., Section
#2, for a distance of 0.07 miles be, and is hereby added to the
Secondary System of State Highways, pursuant to Section 33.1-229
of the Code of Virginia, as amended;
4. That the section of old location,i.e., Section #1, for
a total distance of 0.07 miles be, and is hereby abandoned as a
public road, pursuant to Section 33.1-155 of the Code of Virginia,
as amended.
On motion of Supervisor Johnson to adopt resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
J4v
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Phillip Henry, Director, Engineering
Arnold Covey, Director, Development & Inspections
Fred C. Altizer, Jr., Resident Engineer, Virginia Department
of Transportation
LFGFWn
NORTH
(103.00)
LIDCOMMUNITY SSRvicEs CHANCES IN PRIMARY AND SECONDARY SYSTEM DUE TO
AND DEVELOPMENT RELOCATION AND CONSTRUCTION ON ROUTE 221, PROJECT
0221-080-106, PE -101, RW -201, C-501 (ROANOKE COUNTY)
ACTION # A-72490-8.q
ITEM NUMBER 'rl
-
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
IN ROANOKE, VA., ON TUESDAY,
MEETING DATE•
AGENDA ITEM: Authorization to
Fabricated Metals,
bills
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
settle pending litigation with
Inc. for outstanding utility
In 1967, Fabricated Metals Industries, Inc., Steel Service,
Inc., and John Hall and Company donated easements to a private
sewer company with the understanding that they would receive free
sewer connection and use of the sewer lines without charge. Roanoke
County later purchased the sewer lines from Sanitary Disposal
Corporation without. knowledge of these understandings and began
charging each of these companies for their sewerage useage. They
refused to pay and began legal proceedings against the County.
This matter has been under litigation for almost a decade.
Although the other two companies have subsequently settled with the
county, Fabricated Metals had insisted for the past three years
that it should be paid $4,625.00 for the value of its easament as
a condition of settlement. As of March 31, 1990, the amount which
Utility Billing now calculates is owed by this company to the
county for sewerage services totals $4638.43 and will continue to
increase. Fabricated Metals has now indicated their willingness to
settle this matter out of court without a payment by either side
and by agreeing to install a water meter on their well system. They
have also agreed to pay all future sewer bills at the flat rate
sewer charge for commercial service effective in April, 1990.
Roanoke County agrees to release all liens placed against their
property for past due service.
Attached is a copy of the final settlement order executed by
Fabricated Metals' legal counsel. This is similar to the settlement
previously agreed to by Steel Service and John Hall, and will
result in the end of this litigation.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors authorize the
acceptance of the settlement and authorize the Department of
Finance to bring the account of Fabricated Metals Industries,Inc.
to a zero balance as to April 1, 1990, and to release all
outstanding liens against the property of this company.
Approved (x)
Denied ( )
Received ( )
Referred
to
Respectfully submitted,
Paul M. Mahoney
County Attorney
Action
Motion by :.. ... ..
cc: File
Paul Mahoney, County Attorney
Diane Hyatt, Director, Finance
Eddy
Johnson
McGraw
Nickens
Robers
Vote
No Yes Abs
x
x
rd
x
x
VIRGINIA:
IN THE CIRCUIT COURT OF ROANOKE COUNTY
FABRICATED METALS INDUSTRIES, INC.,
ET AL.,
Plaintiffs
V. At Law No.
BOARD OF SUPERVISORS OF ROANOKE COUNTY CH86000265
(formerly ROANOKE COUNTY PUBLIC SERVICE
AUTHORITY),
Defendant
ORDER
L- 7
This day came Fabricated Metals Industries, Inc., one of the
plaintiffs herein, by counsel, and the defendant, by counsel, and
advises the Court that all matters in controversy between the
defendant and Fabricated Metals Industries, Inc., had been
compromised and settled and that no outstanding issues remained
between the plaintiffs and the defendant in this law action. The
parties moved the Court to dismiss the claim asserted by Fabricated
Metals Industries, Inc., and to dismiss this action.
It is therefore, ADJUDGED, ORDERED AND DECREED that this
matter be, and it hereby is, "Dismissed Agreed" as to the claim
asserted by Fabricated Metals Industries, Inc.
It is further ORDERED AND DECREED that this action at law be
dismissed with prejudice and be stricken from the docket and the
Clerk is directed to place the file among the ended causes.
ENTER: This day of
We ask for this:
Carr L. Kinder, Jr.,
Counsel for Fabricat
Judge
q•
Metals Industries, Inc.
Joh B. Obenshain, Esq.
Se or As istant County Attorney
Cq ty of Roanoke, Virginia
, 1990.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, JULY 24, 1990
RESOLUTION 72490-8.h SUPPORTING TOTAL ACTION AGAINST
POVERTY'S APPLICATION FOR A GRANT FROM THE
VIRGINIA INDOOR PLUMBING PROGRAM
WHEREAS, Governor L. Douglas Wilder and the 1990 General
Assembly approved funding for the Indoor Plumbing Program to
provide grants and loans for the improvement of plumbing facilities
for lower-income Virginians; and
WHEREAS, the goal of the Indoor Plumbing Program is to
assist lower-income families and individuals in obtaining safe and
decent sanitary facilities within their houses; and
WHEREAS, Total Action Against Poverty's Housing and
Emergency Rehab Program wishes to apply for a $250,000 grant to
complete twenty-seven (27) indoor plumbing units, at a cost of
approximately $8,333 per unit, plus energy improvements and
water/sewage connections; and
WHEREAS, these twenty-seven (27) units will be built in
the Counties of Roanoke, Craig, Rockbridge, Alleghany, Botetourt
and the area around the City of Salem.
THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County, Virginia, strongly endorses the proposed
improvement of plumbing facilities for lower-income Virginians; and
FURTHER, the Board of Supervisors of Roanoke County,
Virginia, support Total Action Against Poverty's application for
a grant from the Virginia Indoor Plumbing Program to construct
these facilities.
On motion of Supervisor Johnson to adopt resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
J�•
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Alvin L. Nash, Director, TAP, Housing/Energy Conservation
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, JULY 24, 1990
RESOLUTION 72490-9 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that, to
the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies, and
2. Only such public business matters as were identified
in the motion convening the executive meeting were heard, discussed
or considered by the Board of Supervisors of Roanoke County,
Virginia.
On motion of Supervisor Nickens, and carried by the
following recorded vote:
AYES: Supervisors Eddy, McGraw, Nickens, Robers
NAYS: None
ABSENT: Supervisor Johnson
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Executive Session File