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HomeMy WebLinkAbout4/11/1989 - Adopted Board RecordsA-41189-1 ITEM NUMBER 1)- Y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 11, 1989 SUBJECT: Request for Virginia Department of Transportation Revenue Sharing Funds to construct Road and Drainage Improvements for roads in Hunting Hills Subdivision, Chaucer's Court in Canterbury Park Subdivision, and on Givens Avenue, located in West Roanoke County. COUNTY ADMINISTRATOR'S COMMENTS: a ft -M SUMMARY OF INFORMATION: In accordance to Section 33.1-75.-1 of the Code of Virginia, 1950, as amended, Special Funds (Revenue Sharing) for Systems in Certain Counties; Roanoke County can request up to $500,000 in matching funds. These funds can be used for: (a) Maintaining, improving or constructing the Primary and Secondary Highways Systems within such County. (b) Bringing subdivision streets, used as such prior to July 1, 1978, up to standards sufficient to qualify them for inclusion in the State Primary and Secondary System of Highways. (Rural Addition Policy) Staff has developed a list of projects that will require no additional County Funds and qualify under the Revenue Sharing Program. Hunting Hills The 1985 Bond Referendum included $600,000 to be used primarily as matching funds to upgrade private roads, so that those roads can be taken into the State Secondary System. Within the priority list were 15 roadways within Hunting Hills Subdivision. Based on preliminary estimates $200,000 was allocated toward the improvements of these roads. Staff has recently been working on the roadways in Hunting Hills and based on detail calculations that have been prepared by VDOT Staff or estimates based on initial review of the other streets it appears that the anticipated cost of these road improvements is at $390,000. Matching funds will be needed as noted below. D-1 $390,000 - Estimated Cost -200,000 - Funding for Hunting Hills 1985 Road Bond 190,000 Remaining Cost of Road Improvements - 15,000 Estimated Developer Contribution 175,000 Unfunded Improvements 50% of the $175,000 equal $87,500 = Revenue Sharing Request Old Heritage Corporation, developers of Hunting Hills Subdivision has offered to provide the 50% local match, if state matching funds can be secured to complete the reconstruction of the remaining private roadways within Hunting Hills. Chaucer's Court The property owners on Chaucer's Court (Rt. 1794), Canterbury Park Subdivision request that this road be upgraded to include curb and gutter and bituminous pavement. In accordance to their attached letter, the property owners are willing to fund the 50% locality share. Matching funds will be needed as noted below. $45,000 - Estimated Cost -22,500 - Estimated local share 22,500 - Revenue Sharing Request Givens Avenue Roanoke County has approved as a drainage priority project, storm drain improvements to address the flooding in the area of Givens Avenue (Rt. 1109). Staff has discussed the proposed improvements with VDOT since flooding involves both private property and road right-of-way. Matching funds can be requested for project cost that apply to improving drainage along Givens Avenue. Oversizing of facilities for drainage originating beyond the right-of-way is Roanoke County's responsibility. $75,000 - Estimated Project Cost -10,000 - Oversizing Cost $65,000 - Project cost eligible for Matching Fund 50% _ $32,500 of Revenue Sharing Request 50% _ $32,500 funded through Drainage Budget. A summary of proposed Revenue Sharing is as follows: Eligible Project Cost a) 175,000 - Hunting Hills Roads b) 45,000 - Chaucer's Court c) 65,000 - Givens Avenue $285,000 50% of $285,000 = $142,500 = State Revenue Sharing D-1 FISCAL IMPACT: With the exception of approved funding for a drainage project, no County funding would be required for the reconstruction of the roadways. Funding from the yearly Roadway budget would be utilized for engineering and survey work and preparation of the roadway package for submittal to VDOT. RECOMMENDATION: Staff recommends that the Board of Supervisors request the Virginia Department of Transportation to provide matching fund (Revenue Sharing) allocation for road and drainage improvements in the Hunting Hills Subdivision, on Chaucer's Court and Givens Avenue in accordance to Section 33.1-75.1 of the Code of Virginia. SUBMITTED BY: APPROVED: / ,�Ze4,9 Ag�� P i lip Henry, .E. Elmer C. Hodge,.-' Director of Engin ering County Administrator ------------------------------------------------------------------ ACTION VOTE Approved (X) Motion by:Richard W. Robers/ No Yes Abs Denied ( ) Steven A. McGraw to approve Garrett X Received ( ) contingent upon participation Johnson X Referred of developers or homeowners McGraw X To Nickens X Robers x cc: File Phillip Henry, Director, Engineering Cliff Craig, Director, Utilities John Hubbard, Assistant County Administrator Reta Busher, Director, Management & Budget Diane Hyatt, Director, Finance 3 / ` l • ...� Ara � �.. — Alk - PROPOSED 24" STORM SEWER 1 � _ 1 !AL PROPOSED 20'• - DRAINAGE ESTM.'T O • _ 0 Will tj � Ia 1 I EXIST. 30" STORM SEWER W. MAIN ST. RT. 460 COMMUNITY SERVICES GIVEN AVENUE DRAINAGE IMPROVEMENTS 4 AND DEVELOPMENT � 4 i r 17 ie 44 s ' r 45 43 46 l O � 4 20 42 r • t4) 47 3 21 4i + r w t M • N �O 4� r r r 49 « N r 23 + 30 + 50 24 38 1 N � 31 „ SI • 29 ' 52 32 yy 36 s" 33 Q as 1y N QWNW w 8w � O 7 l « 34 35 . ,.•�� _ t s t 3 1 N e COMMUNITY SERVICES CHAUCER' S COURT ROAD AND DRAINAGE AND DEVELOPMENT WROVEMENTs � 5 J Tounty of loattAr 18 88 a�s0(/ICENTEMN��� A B[AY11tut B[ginni 1g COUNTY ADMINISTRATOR ELMER C. HODGE April 12, 1989 BOARD OF SUPERVISORS LEE GARRETT. CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT RICHARD W. ROBERS. VICE-CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT BOB L. JOHNSON HOLLINS MAGISTERIAL DISTRICT STEVEN A. MCGRAW CAWBA MAG ST DISTRICT County Primary and Secondary HARRY C. NICKENS Fund (Revenue Sharing Program) VINTON MAGISTERIAL DISTRICT Fiscal Year 1989-90 County of Roanoke Mr. Gerald E. Fisher State Secondary Roads Engineer Virginia Department of Transportation Richmond, Virginia 23219 Dear Mr. Fisher: The County of Roanoke, Virginia, indicates by this letter its official intent to participate in the "Revenue Sharing Program" for Fiscal Year 1989-90, pursuant to the provisions of 33.1-75.1 of the Code of Virginia. The County will provide $142,500 ($500,000 maximum) for this program, to be matched on a dollar -for -dollar basis from funds of the State of Virginia. The County will work with our VDOT Resident Engineer to develop and submit by May 15, 1989, a list of the improvement projects to be undertaken with these funds. The County also understands that the program will be reduced on a pro -rata basis if more than $5,000,000 of state funds is requested statewide. Your assistance in having Roanoke County's request considered will be appreciated. pc: Mr. Fred Altizer Resident Engineer Sincerely, Mr. Lee Garrett Chairman, Board of Supervisors 6 Imir. Hl;lli,2 &r� 3 ff�;Pr,ll`jt? �ifPy�"oY oar ,y�eei'i�n I va f3t!w or. PI<aeje, our w+eGfi Y1pMte o ` ors a� C,�aucey's Covrt• " Peiit�ans crowv eic��� o� '�i'� �ulel� �ro�er-R.� ow►'Fen-s ow qatAcers !oLr� a« ctN'aJled. Z hope,+, hoe, 4,+ +40 (PA. �lis Meek, iuhic� would be. 1 willa� p,oJicl� �.�. �i� a, �r��'e*. rrelt-m ark :os'� �v imc�}e �ronv Lee'[�Q- a� Lu•w�sciPiw p a44d a, rnou4ed map o � 446 a recce Fes_ au rArvv� �Ie da.� at gs73z2� . o�ppccr'S C-ev4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 11, 1989 RESOLUTION 41189-2 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO THE PUBLIC SAFETY DISPATCHERS OF ROANOKE COUNTY WHEREAS, the Public Safety Dispatchers of Roanoke County serve our citizens in a dedicated and professional manner; and WHEREAS, through their swift and accurate response to emergency calls these dispatchers save countless lives; and WHEREAS, the Roanoke County Public Safety telecommunicators work to improve the emergency response capabilities of our communication system through their hard work and participation in on-going training and other programs; and WHEREAS, these telecommunicators provide a critical service needed by all citizens; and WHEREAS, the State of Virginia has designated the second week of April as a time to honor and recognize the telecommunicators of the State and the vital contributions they make to the safety and well-being of our citizens. NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors, on its own behalf and on behalf of the citizens of Roanoke County, do hereby express deepest appreciation for the service provided by the public safety dispatchers of Roanoke County; and FURTHER, the Board of Supervisors does hereby declare the week of April 10 through 16 as Public Safety Telecommunicators Week in Roanoke County. On motion of Supervisor Johnson, seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: u-✓ A Elmer C. Ho ge, Clerk Roanoke County Board of Supervisors cc: File Sheriff Michael Kavanaugh Resolutions of Appreciation File 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 11, 1989 ORDINANCE 41189-3 AMENDING AND REENACTING CHAPTER 17, SUBDIVISIONS, OF THE ROANOKE COUNTY CODE TO PROVIDE FOR THE ADOPTION OF ON- SITE SEWAGE DISPOSAL SYSTEMS AND/OR WELLS STANDARDS AND SPECIFICATIONS AND TO AUTHORIZE THE ADOPTION BY RESOLUTION OF A NEW SECTION OF THE DESIGN AND CONSTRUCTION STANDARDS MANUAL ENTITLED "POLICY FOR SUBDIVISION APPROVAL WITH ON-SITE SEWAGE DISPOSAL SYSTEMS AND/OR WELLS" WHEREAS, the adoption of this ordinance is authorized by Chapter 11 of Title 15.1 of the 1950 Code of Virginia, as amended; and WHEREAS, notice of the County's intention to adopt amendments to its Subdivision Ordinance was duly advertised in the Roanoke Times and World News on February 21, 1989, and Feb- ruary 28, 1989; and WHEREAS, at its regular meeting on March 7, 1989, the Roanoke County Planning Commission recommended approval of the following amendments to the Subdivision Ordinance and the adop- tion of a new section of the Design and Construction Standards Manual entitled "Policy for subdivision approval with on-site wewage disposal systems and/or wells"; and WHEREAS, the first reading and public hearing of this ordinance was held on March 28, 1989; and the second reading of this ordinance was held on April 11, 1989. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 17, Subdivision of the Roanoke County Code be, and it hereby is, amended and reenacted by the adoption of Sections 17-6(F) and 17-10(K) to read and provide as follows: Article II. Preliminary Plats Section 17-6. Contents; approval. (F) The subdivider shall present to the Roanoke County/Vinton Health Department a preliminary plat of the subdivi- sion as required under the Design and Construction Standards Man- ual entitled "Policy for Subdivision Approval with On -Site Sewage Disposal Systems and/or Wells." Article III. Final Plats Section 17-10. Contents; monuments. In addition to the requirements for the preliminary plat, the final plat shall show: (K) A statement of certification by the Roanoke County/Vinton Health Department to the effect that all lots shown on the subdivision plat have been reviewed by the personnel of the Roanoke County/Vinton Health Department and have met the cri- teria as set forth in the Commonwealth of Virginia Sewage Hand- ling and Disposal Regulations entitled "32.1 Code of Virginia, as amended to date, and each lot or parcel is eligible for a septic permit." 2. That these amendments, additions, and reenactments shall be in full force and effect from and after April 11, 1989. On motion of Supervisor McGraw, seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: Elmer C. Hodge, Jerk Roanoke County Board of Supervisors cc: File Dr. Margaret Hagan, Director, Health Department Cliff Craig, Director, Utilities Phillip Henry, Director, Engineering Terry Harrington, Director, Planning Paul Mahoney, County Attorney Skip Burkart, Commonwealth Attorney Magistrate Sheriff's Department Law Library, 315 Church Avenue, S.W., Rke 24016 Main Library Roanoke County Code Book Roanoke County J&D Court, Intake Counsellor John Hubbard, Assistant County Administrator AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 11, 1989 RESOLUTION 41189-4 ADOPTING A NEW SECTION OF THE DESIGN AND CONSTRUCTION STANDARDS MANUAL ENTITLED "POLICY FOR SUBDIVISION APPROVAL WITH ON-SITE SEWAGE DISPOSAL SYSTEMS AND/ OR WELLS" WHEREAS, the Department of Development is in the pro- cess of preparing a manual to assist the public, and especially the development community, for clarification of rules, regula- tions, and policies applicable to land development in Roanoke County; and WHEREAS, a Design and Construction Standards Committee composed of area engineers, surveyors, members of the Roanoke Valley Homebuilders Association, and County staff was assembled to develop the content of the manual and the design standards; and WHEREAS, it was the consensus of the committee to address the areas of water, sewer, street and parking, and drain- age in the manual; and WHEREAS, at its meeting on February 14, 1989, the Board of Supervisors of Roanoke County, by resolution, adopted a manual of regulations and policies entitled "Design and Construction Standards Manual" to assist the public in the clarification and interpretation of rules, regulations, and policies applicable to land development in Roanoke County, and in particular, the areas of water, sewer, street and parking, and drainage which shall have the force of law effective February 15, 1989; and WHEREAS, the water design standards and the Street and Parking Design Standards and Specifications of the manual have been previously completed and adopted. NOW, THEREFORE, be it resolved that the Board of Super- visors of Roanoke County, Virginia, does hereby adopt the third component of the Design and Construction Standards Manual en- titled "Policy for subdivision approval with on-site sewage dis- posal and/or wells." FURTHER, this section of the manual shall be in full force and effect from and after April 11, 1989. On motion of Supervisor Johnson, seconded by Supervisor McGraw, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None. A COPY TESTE: ? Z,4t" Elmer C. Hodg , Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections Dr. Margaret Hagan, Director, Health Department E AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 11, 1989 RESOLUTION NO. 41189-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain section of the agenda of the Board of Supervisors for April 11, 1989, 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. Acceptance of water and sewer facilities serving The Falls, section 4. 2. Request acceptance of Fox Ridge Road into the VDOT Secondary System. 3. Confirmation of committee appointment to the League of Older Americans Advisory Board. 4. Acknowledge acceptance of Cavalier Drive, Westbriar Court, and Cavalier Court (Canterbury Park, sections 3 and 4) into the VDOT Secondary System. 5. Authorize temporary use of the former Bent Mountain Fire Station building by the Bent Mountain Woman's Club. 6. Acceptance from David M. and Pamela B. Mangrum of a drainage easement across lot 13, block 2, section 2 of Forest Edge. 7. Acceptance from Roanoke Regional Airport Commission of a water line easement. 8. Approval of Raffle Permit for the Roanoke County Schools Food Service Chapter 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Nickens with Item 8 added, seconded by Supervisor McGraw and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTS: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 4/12/89 CC: Phillip Henry, Engineering Director Clifford Craig, Utility Director Paul Mahoney, County Attorney File Roanoke Regional Airport Commission A -41189-5.a ITEM NUMBER #4( -1 - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 11, 1989 SUBJECT: Acceptance of water and sewer facilities serving The Falls Section 4 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of The Falls Section 4, Strauss Construction Company have requested that Roanoke County accept the Deed conveying the water and sewer lines serving the subdivision along with all necessary easements. The water and sewer lines are installed, as shown on plans prepared by Buford T. Lumsden & Associates entitled Section No. 4, The Falls, dated December 27, 1988, which are on file in the Engineering Department. The water and sewer line construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The values of the water and sewer construction are $8350.00 and $9414.00 respectively. RECOMMENDATION: The staff recommends that the Board of Supervisors accept the water and sewer facilities serving the subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. SUBMITTED BY: Phillip T. Henry, PA. Director of Engineering APPROVE i �w Elmer C. Hodg County Administrator I -1 ------------------------------------------------------------------ ACTION VOTE Approved (x) Motion by: Harry C. Nickens/ No Yes Abs Denied ( ) Steven A. McGraw Garrett x Received ( ) Johnson x Referred McGraw x To Nickens x Robers x cc: File Phillip Henry, Director, Engineering Cliff Craig, Director, Utilities Paul Mahoney, County Attorney 4 K-1 NORTH 'o;ACCEPTANCE OF WATER AND SEWER FACILITIES SERVING COMMUNITY SERVICES THE FALLS SECTION 4 AND DEVELOPMENT 3 L J AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 11, 1989 RESOLUTION 41189-5.b REQUESTING ACCEPTANCE OF FOX RIDGE ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application for Fox Ridge Road a section of road extending from Fox Ridge Road and Peregrine Crest Circle intersection (these roads recently submitted to VDOT) extending in a southwesterly direction 0.28 miles to the second intersection of Peregrine Crest Circle and Fox Ridge Road pursuant to Section 33.1-72.1, Paragraph D and funded pursuant to Section 33.1-75.1, Paragraph A of the Code of Virginia of 1950, as amended. 2. That this Board does guarantee the Commonwealth of Virginia an unrestricted right-of-way of 50 feet as recorded in Plat Book , Page , dated , with necessary easements for drainage and other documents of record in the Roanoke County Circuit Court Clerk's Office. 3. That said Board certify that this road was open to public use prior to July 1, 1978, at which time it was opened to and used by motor vehicles. 4. That said roads known as Fox Ridge Road, which is shown on a certain sketch accompanying this resolution, be, and the same are hereby established as public roads to become a part of the state secondary systems of highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Nickens, seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Phillip Henry, Director, Engineering Arnold Covey, Director, Development & Inspections, and copy for Virginia Department of Transportation A -41189-5.c ITEM NUMBER—K-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 11, 1989 SUBJECT: Confirmation of Committee Appointment to the League of Older Americans Advisory Board COUNTY ADMINISTRATOR'S COMMENT SUMMARY OF INFORMATION: Supervisor Robers has nominated Webb Johnson to serve another one-year term on the League of Older Americans Advisory Board. The nominee has agreed to serve. It is recommended that Mr. Johnson be confirmed as a member of the League Of Older Americans Advisory Board. SUBMITTED BY: Mary H. Allen Deputy Clerk APPROVED BY: Elmer C. Hodge County Administrator -------------------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Harry C. Nickens/ Yes No Abs Denied ( ) Steven A. McGraw Garrett x Received ( ) Johnson x Referred McGraw x To: Nickens x Robers x cc: File League of Older Americans File ACTION NO. A -41189-5.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: April 11, 1989 AGENDA ITEM: Acceptance of Cavalier Drive, Westbriar Court and Cavalier Court to the Va. Department of Transportation Secondary System COUNTY ADMINISTRATOR'S COMMENTS• SUMMARY OF INFORMATION: The following roads in Canterbury Park, Sections 3 & 4, have been accepted into the Va. Department of Transportation, effective March 27, 1989. 0.19 miles of Cavalier Drive 0.16 miles of Westbriar Court 0.05 miles of Cavalier Court SUBMITTED BY: Mary H. Allen Deputy Clerk APPROVED BY: Elmer C. Hodge County Administrator -------------------------------------------------------------------------- ACTION VOTE Approved (X) Motion by: Harry C. Nick ns/Steven Yes No Abs Denied ( ) A. McGraw Garrett —� Received ( ) Johnson Referred McGraw To• Nickens Robers x cc: File Phillip Henry, Director, Engineering APR 4 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RAY D. PETHTEL RICHMOND, 23219 COMMISSIONER March 27, 1989 Secondary System Additions Roanoke County Board of Supervisors County of Roanoke P. 0. Box 29800 Roanoke, VA 24018 MEMBERS OF THE BOARD: K- y OSCAR K. MABRY DEPUTY COMMISSIONER As requested in your resolution dated January 24, 1989, the following additions to the Secondary System of Roanoke County are hereby approved, effective March 27, 1989. ADDITIONS LENGTH CANTERBURY PARK - SECTIONS 3 & 4 Route 1799 (Cavalier Drive) - From 0.02 mile West Route 1795 to Salisbury Drive. 0.19 Mi. Route 2000 (Westbriar Court) - From Route 1799 to Southwest cul-de-sac. 0.16 Mi. Route 2001 (Cavalier Court) - From Route 1799 to Northeast cul-de-sac. 0.05 Mi. Sincerely, Oscar K. Mabry Deputy Commissioner TRANSPORTATION FOR 1HE 21ST CENTURY ACTION # A -41189-5.e ITEM NUMBER X"'%5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: April 11, 1989 Authorization to allow the Bent Mountain Fire Sta- tion to be used by a civic organization COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Bent Mountain Woman's Club has requested permission to utilize the old Bent Mountain Fire Station for the purpose of conducting a yard sale and bake sale from May 17 to May 22, 1989. The organization has agreed to be responsible for any damage to the property as a result of these activities. In addition, the organization has agreed to execute a waiver releasing Roanoke County from any injuries or damages to persons and property as a result of these stated activities. FISCAL IMPACTS: None. STAFF RECOMMENDATION: Staff makes the following recommendation: 1. That the Board authorize the County Administrator to execute such documents to accomplish this transaction on forms approved by the County Attorney. 2. That the Board favorably consider this authorization by resolution under the consent agenda. Respectfully submitted, Sarah A. Rice Assistant County Attorney ACTION Approved ( x) Motion by: Harry C- Ni rkPn.-,IgtPven Denied ( ) A. McGraw Garrett Received ( ) Johnson Referred McGraw To Nickens Robers cc: File Paul Mahoney, County Attorney Thomas Fuqua, Chief, Fire & Rescue K-5 VOTE No Yes Abs x _ x _ x _ x x ACTION # A -41189-5.f 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: AGENDA ITEM: April 11, 1989 Acceptance of a drainage easement being donated by David M. Mangrum and Pamela B. Mangrum across Lot 13, Block 2, Section 2, Forest Edge COUNTY ADMINISTRATOR'S COMMENTS: ltx�0_4'v%l 0-t'tt 0 SUMMARY OF INFORMATION: David M. Mangrum and Pamela B. Mangrum have agreed to donate to the County an easement for the location and construction of a drainage facility. The easement shall be variable in width and is more particularly shown on a plat dated March 1, 1988, pre- pared by Buford T. Lumsden & Associates, P.C., Engineers and Sur- veyors, a copy of which is attached to this report. The easement is located in the Windsor Hills Magisterial District across Lot 13, Block 2, Section 2, Forest Edge on the property of David M. Mangrum and Pamela B. Mangrum. Pursuant to Ordinance No. 102787-4 adopted on October 27, 1987, the Board authorized the County Administrator to accept donations or dedications of noncontroversial real estate matters. FISCAL IMPACTS: None. STAFF RECOMMENDATION: It is recommended that the Board favorably consider this acceptance by resolution under the consent agenda. Respectfully submitted, Sarah A. Rice Assistant County Attorney Approved (x ) Denied ( ) Received ( ) Referred To ACTION Motion by: Harry C. Nickens/ Steven A. McGraw cc: File Paul Mahoney, County Attorney Phillip Henry, Director, Engineering Cliff Craig, Director, Utilities K-4 VOTE No Yes Abs Garrett x Johnson x McGraw x Nickens x Robers x COMM, * 85.4/7 11 o• hrA'' 1�' � e w �• ! �SGOGK Z. SEGrrON •1 \ -- laEl•�EEn) --- FOGesr .;" Lor m iZ r f � r lz Z O O c NEW DRAINAGE 'E s 7�0• Y� F,i�L 30• � EUSr �� ���� Sj-� NFS�if pp,W 4G F8' _ _ _ -� �/INi{ EASfnIEN. zs/�• +'�• ifv�bf Pug�1G 15 fvavE ; A, rf7.05' /TCSAt) GEflgR 90A Q, cuavf 'A' d id'SB'70" r - $6..0 R - Y75.00' �\� Yi ��r 4 • 167 05' yin; ;r PLAT SHOWING GN. ' 165.76' GN.9 ' N91'a6'Sa'f NEW DRAINAGE EASEMENT !•910 �o BEING GRANTED TO THE COUNTY OF ROANOKE, VIRGINIA BY R - ?75.00' DAVID M. MANGRUM & a - `796' GN ?7.q6' PAMELA 8. MANGRUM ' rwo.` 604°14'12"E ACROSS LOT 13, BLOCK 2, SECTION /2, FOREST EDGE (P.B. 10, PG. 69) WINDSOR HILLS MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: V'= 50' DATE: 1 MARCH 1988 BUFORD T. LUMSDEN 6 ASSOCIATES, P. C. ' ENGINEERS-SURVEYORS ROANOKE. VIROINIA COMM, * 85.4/7 ACTION # A -41189-5.g ITEM NUMBER K— 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: April 11, 1989 Acceptance of a water line easement being donated by the Roanoke Regional Airport Commission COUNTY ADMINISTRATORR''S COMMENTS: SUMMARY OF INFORMATION: The Roanoke Regional Airport Commission has agreed to donate to the County an easement for the location and construction of a water line across its property more particularly described as Roanoke County Tax Map No. 37.07-1-5. The easement is located in the Catawba Magisterial District across property acquired by the Roanoke Regional Airport Commis- sion by deed dated June 30, 1987, and of record in the Clerk's Office for the Circuit Court of Roanoke County, Virginia, in Deed Book 1267 at page 124. The twenty (20) foot water line easement is more particularly shown on a plat dated November 22, 1988, prepared by T. P Parker & Son, Engineers and Surveyors Ltd., a copy of which is attached to this report. Pursuant to Ordinance No. 102787-4, adopted on October 27, 1987, the Board authorized the County Administrator to accept donations or dedications of noncontroversial real estate matters. FISCAL IMPACTS: None. STAFF RECOMMENDATION: It is recommended that the Board favorably consider this acceptance by resolution under the consent agenda. Approved (x) Denied ( ) Received ( ) Referred To Respectfully submitted, Sarah A. Rice Assistant County Attorney ACTION Motion by: Harry C. Nickens/ Steven A. McGraw cc: File Paul Mahoney, County Attorney Phillip Henry, Director, Engineering Cliff Craig, Director, Utilities Roanoke Regional Airport Commission VOTE No Yes Abs Garrett x Johnson x McGraw x Nickens x Robers x �- K-7 P P� Lie h �'\ ,p�`� MERIDIA11 OF O.B. 013 a'2 �cy190� a\} I I NEW 20' WATERLINE EASEMENT 5 85' 20' 30' W, 353. 39' Le ��,yygiL PROPERTY OF ROANOKE REGIONAL AIRPORT 7.00'1 N28'OI•p0' �11' COMMISSION O.B. 12(01 PC, 124 1 1 TAX NO, 37.07 - v 1 1 NEW 20' WATERUNE EASEMENT 582' 20' 30- w, 150.00' •P 9 ��tS '1 11 / 6'+' —Exv5-rwG 40' ACCESS zovz EASEMENT TO PRIVATE ROAD, SEE MAP FOR C.L. yQ'// WILSON BY C.B. MALCOLVA It NEW 20' WATERUNE EASEMENT 300.00' (8FRAW B. CA DWELL, III NO.\ \ 1335 PROPERTY OF ROYAL BU ICK CO. D.B. 12781 PG. 190 TAX NO. 37.08- 1- Co SURVEY FOR COUNTY OF ROANOKE SHOWING A NEW 20' WATERLINE EASEMENT BEING DEDICATED BY ROANOKE REGIONAL AIRPORT COMMISSION TAA No. 37.01- 1-5 N S JW -17 CAEC, D.A.P. OIIAwN D.A.P. CKD B CLOSURE ~B�( D..F.P CATAWBA MAGISTERIAL DISTRICT ROANOKE COUNTY VIRGINIA 6Y: T. P. PARKER & SON ENGINEERS i SURVEYORS •LTD. SALEM . VIRGINIA SCALE: 1'v 100' DATE Nov. 22 ,get w.o 88-11151 o- .354(-5 ACTION NO. A -41189-5.h ITEM NUMBER-,? AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 11, 1989 AGENDA ITEM: Request for a Raffle Permit from the Roanoke County Schools Food Service Chapter COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Schools Food Service Chapter has requested a permit for a raffle to be held on May 6, 1989. STAFF RECOMMENDATION The application has been reviewed by Commissioner of the Revenue R. Wayne Compton, and he recommends approval. SUBMITTED BY: a v, ata. Mary H. Allen Deputy Clerk APPROVED BY: Elmer C. Hodge County Administrator -------------------------------------------------------------------------- ACTION VOTE Approved (X) Motion by: Harry C. Nickens/ Yes No Abs Denied ( ) Steven A. McGraw Garrett x Received ( ) Johnson x Referred McGraw x To: Nickens x Robers x cc: File Bingo/Raffle File a'. ROAA1 �E ROANO a COUNTY OF ROANOKE, VIRGINIA 2 1838 d� COMMISSIONER OF THE REVENUE 1838 APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO Application is hereby made for a bingo game or raffle permit. This application is made subject to all County and State laws, ordinances, rules, and regulations now in force, or that may be enacted hereafter and which are hereby agreed to by the under- signed applicant and which shall be deemed a condition under which this permit is issued. All applicants should exercise extreme care to ensure the accura- cy of their responses to the following questions. Bingo games and raffles are strictly regulated by Title 18.2-340.1 et. seq. of the criminal statutes of the Virginia Code, and by Section 4-86 et, 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_—Z— BINGO GAMES Name of Organization Street Address Mailing Address City, State, Zip Code Purpose and Type of Organization 0017_4.11'_4, d *4Q,,,,�,,.7- vLya1tlZdClOf1 rounaea? / It /n Roanoke County meeting place?�,,,,,-� Has organization been in existence in Roanoke County for two con- tinuous years? YES ­_v NO Is the organization non-profit? YES_ NO Indicate Federal Identification Number Attach copy of IRS Tax Exemption letter. Officers of the Organization: President: 7��«��� Vice-PresidentQ�Q, Address: X /3 f � /D.�,�,�/, ddress : Secretary: Q a /i Treasurer: Address: .��3�wao��ddress: asp Member authorized to be responsible for Raffle or Bingo opera- tions: Name �% �,��� .11111,1/� el -- Home Home Address% `rnone ,3Go�-//Q Bus. Phone 3f1 4 S7 A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBER- SHIP MUST BE FURNISHED WITH THIS APPLICATION. Specific location where Raffle or Bingo Game is to be conducted. RAFFLES: Date of Drawing ,S 9 Time of Drawing h'I . 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 use of the planned or intended use of the proceeds. Use estimated amounts if necessary. 108 4-a� #4 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 lst Quarter 1st Quarter 2nd Quarter 2nd Quarter 3rd Quarter 3rd Quarter 4th Quarter 4th Quarter Total 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? 5 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? Yr S 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 Fpquired to be maintained for Bingo games or raffles? 4 5. Does your organization understand that a Financial Report must be filed with the Commissioner of the Revenue on or before the first day of Novembe of each calendar year for which a per- mit has been issued? 6. Does your organization understand that if gross receipts ex- ceed fifty thousand dollars during any calendar quarter, an addi- tional Financial Report must be filed for such quarter no later than sixty days following the last day of such quarter? --c.5 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 s—uFh report is properly filed and a new permit is obtained?_ 8. Does your organization understand that each Financial Report must be accompanied by a Certificate, verified under oath by the Board of Directors, that the proceeds of any Bingo game or raffle have been used for these lawful, religious, charitable, commu- nity, or educational purposes for which the organization is spe- cifically chartered or organized, and that the operation of Bingo games or raffles have been in accordance with the provisions of Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia?�� 9. Does your organization understand that a one percent audit fee of the gross receipts must be paid to the County of Roanoke upon submission of the anpual financial report due on or before the first of November? MS 10. Does your organization understand that this permit is valid only in the County of Roanoke and only at such locations, a d for such dates, as are designated in the permit application? IS 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? A--- S 12. Has your organization attached a check for the annual permit fee in the a punt 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? yeS 5 14. Has your organization attached a complete list of its member- ship to this application form? r�.5 15. Has your organization attached a copy of its bylaws to this application form? c 16. Has the organization been declared exempt from property taxa- tion under the Virginia Constitution or statutes? If yes, state whether exemption is for real, personal property, or both and identify exempt property. 17. State /7the specific type and purpose of the organization. � Q _ . . /7 1 /T — d _ i -1) n 18. Is this organization incorporated in Virginia? If yes, name and address of Registered Agent: 19. Is the organization registered with the Virginia Department of Agriculture and Consumer Affairs pursuant to the Charitable Solicitations Act, Section 57-48 of the Virginia Code? (If so, attach copy of registration.) Has the organization been granted an exemption from registration by the Virginia Department of Agriculture and Consumer Affairs? (If so, attach copy of exemption.) ALL RAFFLE APPLICANTS DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES, AND PROCEED TO NOTARIZATION. Article Description Fair Market Value AoaleL /I5' 1/-1,0 D 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: ao Name Title Home Address Subscribed and sworn before me, this 3rd day of Pp,-;) 19 89 My commission expires: 1990 1&11_)6'L � /s,6" Notar Public PLEASE RETURN THIS COMPLETED APPLICATION TO: R. Wayne Compton, Commissioner of the Revenue P. 0. Box 20409 Roanoke, VA 24018-0513 NOT VALID UNLESS COUNTERSIGNED The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this calendar year. Date The above application is not appro Date 9 Commissioner of the Revenue AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 11, 1989 RESOLUTION 41189-6 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO THE CAVE SPRING HIGH SCHOOL GIRLS' BASKETBALL TEAM WHEREAS, organized athletic teams are an important part of an educational system; WHEREAS, the Roanoke County Public Schools recognize this importance and provide opportunities for the students to participate in sports; and WHEREAS, the members of the Cave Spring High School Girls' Basketball Team have demonstrated their superior athletic ability by winning the district and regional championship titles and by attending the state championship for the second year in a row; and WHEREAS, the Cave Spring High School Girls' Basketball Team has represented Roanoke County in an outstanding manner and has contributed to the spirit and morale of that High School in particular and to the athletic programs of the County Schools in general. NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors extends its congratulations and appreciation to the Cave Spring High School Girls' Basketball Team for their spirit, skill and persistence, and wishes them continued success in the future. On motion of Supervisor Johnson, seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: //o/ Elmer C. Ho ge, erk Roanoke County Board of Supervisors cc: File Resolutions of Appreciation File 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE OOUNTTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 11, 1989 RESOLUTION 41189-7 SETTING THE TAX RATE ON REAL ESTATE SITUATE IN ROANOKE OOUNTY FoR THE CALENDAR YEAR 1989 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the levy for the twelve-month period beginning January 1, 1989, and ending December 31, 1989, be, and hereby is, set for a tax rate of $1.15 per one hundred dollars of assessed valuation on all classes of taxable real estate and mobile homes as classified by Sections 58.1-3200, 58.2-3201, and 58.1-3506 B. of the 1950 Code of Virginia, as amended, situate in Roanoke County. On motion of Supervisor Johnson, seconded by Supervisor Garrett, and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: Elmer C. Hodge, Clerk Roanoke County Board of Supervisors cc: File Paul Mahoney, County Attorney Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget John Willey, Director, Real Estate Assessor Alfred C. Anderson, Treasurer R. Wayne Campton, Catmissioner of Revenue AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINIMATION CENTER ON TUESDAY, APRIL 11, 1989 RESOLUTION 41189-8 SETTING THE TAX LEVY ON ALL CLASSES OF PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1989 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the levy for the twelve-month period beginning January 1, 1989, and ending December 31, 1989, be, and hereby is, set for a tax rate of $3.50 per one hundred dollars of assessed valuation on all taxable, tangible personal property, excluding all those classes of household goods and personal effects as are defined in Sections 58.1-3504 and 58.1-3505 of the Code of Virginia, as amended, but including the property separately classified by Sections 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3503, and 58.1-3506 in the 1950 Code of Virginia, as amended, located in this County on January 1, 1989, and tangible personal property including the property separately classified by Sections 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3503, and 58.1-3506 in the 1950 Code of Virginia, as amended, of public service corporations based upon the assessed value thereof fixed by the State Corporation Commission and duly certified. 2. That there be, and there hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in Sections 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. 3. That the levy for the twelve-month period beginning January 1, 1989, and ending December 31, 1989, be and hereby is, set for a tax rate of $3.00 per one hundred dollars of assessed valuation on all taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by Sections 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. On motion of Supervisor Nickens, seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: n /4 Elmer C. Hodge, Clerk cc: File Roanoke County Board of Supervisors Paul Mahoney, County Attorney Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget R. Wayne Om pton, Commissioner of Revenue Alfred C. Anderson, Treasurer PA AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE 0OUNTY, VIRGINIA, HELD AT THE ROANOKE 03UMY ADMINISTRATION CENTER ON TUESDAY, APRIL, 11, 1989 ORDINANCE 41189-9 AUTHORIZING THE ISSUANCE OF LSAT TO EKCEED $174,432.13 GENERAL OBLIGATION SCHOOL BONDS, EDUCATIONAL TECHNOLOGY SERIES, OF THE allNTY OF ROANOKE, VIRGINIA, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND SETTING FORTH THE FORM AND DETAILS THEREOF AND AUTHORIZING PARTI- CIPATION IN THE STATE NON -ARBITRAGE PROGRAM. The Board of County Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $174,432.13 and to issue its general obliga- tion school bonds for the financing of the purchase of equipment for school purposes through the Governor's Educational Technology Initiative Procurement and Financing Program. The County held a public hearing on April 11, 1989 on the issuance of the Bonds (as defined below) in accordance with the requirements of Sections 15.1-171.1 and 15.1-504, Code of Virginia 1950, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board of County Supervisors hereby determines that it is advisable to contract a debt and issue and sell bonds in the amount of not to exceed $174,432.13 (the "Bonds") for the purpose of financing the purchase of equipment for school purposes through the Governor's Educational Technology Initiative Procurement and Financing Program. The issuance and sale of the Bonds in the form and upon the terms established pursuant to this ordinance is hereby authorized. 2. Sale of the Bonds. It is determined to be in the best interest of the County to sell the Bonds to the Virginia Public School Authority ("VPSA") at par, upon the terms established pursuant to this ordinance. The appropriate officers of the County are hereby authorized and directed to sell the Bonds to VPSA. 3. Details of the Bonds. The Bonds shall be issuable in fully registered form; shall be dated the date of issuance and delivery of the Bonds; shall be designated "County of Roanoke General Obligation School Bonds, Educational Technology Series"; shall bear interest payable semi-annually on June 15 and December 15 (each an "Interest Payment Date"), beginning December 15, 1989, at the rates established in accordance with paragraph 4 of this or- dinance; and the principal amount of the Bonds shall be payable in semi-annual installments on the dates (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this ordinance. The Bonds shall be issued as a single, typewritten bond substantially in the form attached hereto as Exhibit A. 4. Interest Rates; Principal Installments. (a) The Admini- strator of the County is hereby authorized and directed to accept the interest rate or rates on the Bonds established by VPSA, provided that no such interest rate or rates shall be more than sixty-five one hundredths of one percent (65/100 of 1%) over the annual rate to be paid by VPSA for the corresponding maturity on the bonds to be issued by VPSA, the proceeds of which will be used to purchase the Bonds (the "VPSA Bonds"), and provided further, that no interest rate or rates of the Bonds shall exceed nine percent (9%) per annum, and the execution and delivery of the Bonds as described in Section 6 hereof shall conclusively evidence the same as having been approved and authorized by this ordinance. (b) The principal amount of the Bonds shall be payable in nine (9) semi-annual installments the first of which shall be due December 15, 1989, and the remaining installments semi-annually thereafter. The Administrator of the County is hereby authorized and directed to establish the principal amount of the Bonds not to exceed $174,432.13 and to accept the amortization schedule on the Bonds established by VPSA, provided that debt service on the Bonds from their dated date until the end of the first fiscal year (1989-1990) shall not exceed the amount appropriated by the General Assembly from the Literary Fund therefor, and provided further, that debt service on the Bonds frau the second fiscal year to the fifth fiscal year shall be approximately level, subject to the actual rate or rates of interest on the VPSA Bonds, and the execution and delivery of the Bonds as described in Section 6 hereof shall conclusively evidence the same as having been approved and authorized by this ordinance. 5. Payment; Paying Aqent and Registrar. The Treasurer of the County is hereby designated as Bond Registrar and Paying Agent for the Bonds and the following provisions shall apply: (a) all payments of principal of and interest on the Bonds shall be made in immediately available funds to VPSA at or before 11:00 a.m. on the applicable Interest Payment Date and Principal Payment Date, or if such date is not a business date for Virginia banks or for the Cammnwealth of Virginia, then at or before 11:00 a.m. on the business day preceding such Interest Pay- ment Date and Principal Payment Date; and (b) all overdue payments of principal or interest shall bear interest at the applicable interest rate or rates on the Bonds. 6. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds in an aggregate principal amount not to exceed $174,432.13 and to affix the seal of the County hereto. 7. Use of Available Moneys; Pledge of Full Faith and Credit. (a) The Board hereby appropriates and directs that all income realized from the investment and reinvestment of the proceeds of the Bonds and not required to be rebated to the United States pursuant to the provisions of the Internal Revenue Code of 1986, as amended ("Investment Income"), shall be credited to a sinking fund for the Bonds. The Board hereby further directs that, as directed by a designated representative of VPSA, on each Interest Payment Date, the Treasurer shall apply, or cause to be applied, such Investment Income to the payment of interest due on the Bonds. 2 (b) The Board further appropriates and directs that immediately after the application of the Investment Income as provided in subparagraph (a) above, the Treasurer shall apply, or cause to be applied, so much, if any, of the funds appropriated by the General Assembly from the Literary Fund or otherwise for such purpose to, or for the benefit of, the County to the payment of principal and interest due on the Bonds on the next Principal Payment Date and Interest Payment Date. (c) The full faith and credit of the County are hereby irrevocably pledged for the payment of principal of and interest on the Bonds as the same become due and payable. There shall be levied and collected annually on all locally taxable property in the County an ad valorem tax sufficient to pay such principal and interest as the same respectively become due and payable unless other funds, including, without limitation, those funds referred to in subparagraphs (a) and (b) above, are lawfully available and appropriated for the timely payment thereof. 8. School Board Approval. The Clerk of the Board is hereby authorized and directed to cause a certified copy of this ordinance to be pre- sented to the School Board of the County. The Bonds hereby authorized shall not be issued by the Board until the School Board of the County shall have adopted an appropriate resolution consenting to the issuance of the Bonds. 9. Non-arbitrage Certificate and Tax Covenants. The appropriate officers and agents of the County are hereby authorized and directed to execute a Non-Arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds or on the VPSA Bonds. The Board covenants on behalf of the County that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Non-Arbitrage Certificate and Tax Covenants and that the County shall comply with the other covenants and repre- sentations contained therein. Furthermore, the Board covenants on behalf of the County that the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 10. State Non-Arbitrage Program. The Board hereby finds and determines that (a) the Board has received and reviewed (i) a draft of the Information Statement date February 17, 1989 (the "Information Statement"), describing the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and (ii) a draft of the Contract dated January 16, 1989 (the "Contract"), creating the State Non-Arbitrage Program Pool I ("SNAP Pool I"), and (b) the County has been afforded the opportunity to discuss SNAP with the investment manager of and special counsel to SNAP, and the Board hereby further determines that it is in the best interests of the County to authorize the Treasurer of the County to participate in SNAP. The Contract is hereby approved, and the Treasurer is hereby authorized to execute and deliver the Contract on behalf of the County. The Board acknowledges that its decision to authorize the participation in SNAP is based solely on the information set forth in the Information Statement and in the Contract, and the Board hereby acknowledges that the Treasury Board of the Commonwealth of Virginia is not, P and shall not be, in any way liable to the County in connection with SNAP, except as otherwise provided in the Contract. 11. Filing of Ordinance and Publication of Notice. The appro- priate officers or agents of the County are hereby authorized and directed to cause a certified copy of this ordinance to be filed with the Circuit Court of the County and, within ten (10) days thereafter, to cause to be published once in a newspaper having general circulation in the County a notice setting setting forth (a) in brief and general terms the purposes for which the Bonds are to be issued and (b) the amount of the Bonds. 12. Further Actions. Each member of the Board and all other officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 13. Effective Date. This ordinance shall take effect imme- diately. The requirement of reading the title of this ordinance at two regular meetings is hereby dispensed with as permitted by Section 18.04 of the County Charter. On motion of Supervisor Johnson, seconded by Supervisor McGraw to approve ordinance and dispense with second reading, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None The undersigned Clerk of the Board of County Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of County Supervisors held on April 11, 1989, and of the whole thereof so far as appli- cable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the con- sideration of the foregoing ordinance, a quorum was present. WITNESS MY HAND and the seal of the Board of County Supervisors of the County of Roanoke, Virginia. Dated: April 11, 1989 cc: Mary H. All n, Deputy Clerk Roanoke County Board of Supevisors File Bond Counsel Circuit Court Judge School Board Clerk County Treasurer Don Myers, Assistant County Administrator Diane Hyatt, Director, Finance 4 NO. R-1 EXHIBIT A (FORM OF BOND) UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE General Obliqation School Bonds Educational Technology Series K-489-5 $174,432.13 The COUNTY OF ROANOKE, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of DOLLARS, in installments, commencing December 15, 1989, and semi-annually thereafter on June 15 and December 15 of each year (each a "Principal Payment Date"), as shown on Schedule 1 attached hereto, together with interest on the unpaid installments at the annual rates set forth on Schedule 1 attached hereto, from the date of this Bond until payment of the principal sum hereof, such interest to be payable commencing on December 15, 1989, and semi-annually thereafter on June 15 and December 15 of each year (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), as shown on Schedule 1 attached hereto. Both principal of and interest on this Bond are payable in lawful money of the United States of America. R- ` 91-S The Treasurer of the County shall make all payments of principal of and interest on this Bond, without the presentation or surrender hereof, to the registered owner hereof, in imme- diately available funds at or before 11:00 a.m. on the applicable Payment Date. If a Payment Date is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day preceding the scheduled Payment Date. Upon receipt by the registered owner of this Bond of said payments of principal and interest, written acknowledgment of the receipt thereof shall be given promptly to the Treasurer of the County, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Treasurer of the County for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of principal of and interest on this Bond. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act, Chapter 5, Title 15.1, c"'(1 in ancz S Code of Virginia 1950, as amended, and duly adopted by the Board of County Supervisors of the County and the School Board of the County to provide funds to finance the purchase of A-2 R-489- s equipment for school purposes through the Governor's Educational Technology Initiative Procurement and Financing Program. This Bond is registered in the name of Virginia Public School Authority as to both principal and interest on books of the County kept by the Treasurer of the County. The principal installments on this Bond are not subject to redemption prior to their respective payment dates. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have hap- pened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia, and provision has been made for the levy and collection of an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal of and interest on this Bond as the same shall become due. A-3 R_ 089 -5 IN WITNESS WHEREOF, the Board of County Supervisors of the County of Roanoke has caused this Bond to be issued in the name of the County of Roanoke, Virginia, to be signed by its Chairman or Vice -Chairman, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated May _, 1989. (SEAL) ATTEST: Clerk, Board of County Supervisors of the County of Roanoke, Virginia COUNTY OF ROANOKE, VIRGINIA By Chairman, Board of County Supervisors of the County of Roanoke, Virginia A-4 ORDINANCE OF THE BOARD OF COUNTY SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA Ordinance No. 41189-9 April 11, 1989 At a regular meeting of the Board of County Supervisors of the County of Roanoke, Virginia, held on April 11, 1989, the following persons were present or absent as shown: PRESENT: Chairman Garrett , presiding, and Members Johnson, Robers, McGraw, Nickens ABSENT: None Upon motion by Johnson , seconded by McGraw , the following ordinance was adopted by a majority of the members of the Board of County Supervisors by the following roll call vote, as recorded in the minutes of the meeting: MEMBER Supervisor Johnson Robers McGraw Nickens Garrett 5. Yes Yes Yes Yes Yes VOTE SCHEDULE 1 Payment Interest Interest Dates Rate Due December 15, 1989 % $ June 15, 1990 December 15, 1990 June 15, 1991 December 15, 1991 June 15, 1992 December 15, 1992 June 15, 1993 December 15, 1993 Principal Installment Due R-499 - s Total Due AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADf4MISTRATION CANER CST TUESDAY, APRIL, 11, 1989 ORDINANCE 41189-10 AutHORIZING THE ISSCANKE OF NOT TO EXCEED $440,000 GENERAL OBLIGATION EQUIPMENT FINANCING BONDS,- ROANOKE COUNTY SERIES 1989, OF THE COUNTY OF ROANOKE, VIRGINIA, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND SETTING FORTH THE FORM AND DETAILS THEREOF. The Board of County Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $A49,M and to issue its general obligation equipment financing bonds for the financing of the purchase of equipment for school purposes. The County held a public hearing on April 11, 1989 on the issuance of the Bonds (as defined below) in accordance with the requirements of Sections 15.1-171.1 and 15.1-504, Code of Virginia 1950, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY S�IIZVISCCiS OF ME COUNTY OF ROANOKE, VIRGINIA: 2. Sale of the Bonds. It is determined to be in the best interest of the County to sell the Bonds to the Virginia Public School Authority ("VPSA") at par, upon the terms established pursuant to this- ordinance. The appropriate officers of the County are hereby authorized and directed to sell the Bonds to VPSA. 3. Details of the Bonds. The Bonds shall be issuable in•fully registered form; shall be dated the date of issuance and delivery of the Bonds; shall be designated "County of Roanoke General Obligation Equipment Financing Bonds, Roanoke County Series 1989"; shall bear interest payable semi-annually on June 1 and December 1 (each an "Interest Payment Date"), beginning December 1, 1989, at the rates established in accordance with paragraph 4 of this ordinance; and the principal amount of the Bonds shall be payable in annual installments on the dates (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this ordinance. The Bonds shall be issued as a single, typewritten bond substantially in the form attached hereto as Exhibit A. 1. Authorization of Bonds and Use of Proceeds. The Board of County Supervisors hereby determines that it is advisable to contract a debt and issue and sell bonds in the amount of not to exceed $440,000 (the "Bonds") for the purpose of financing the purchase of certain microcomputer, printer and peripheral equipment for school purposes (the "Equipment"). The issuance and sale of the Bonds in the form and upon the terms established pursuant to this ordinance is hereby authorized. 2. Sale of the Bonds. It is determined to be in the best interest of the County to sell the Bonds to the Virginia Public School Authority ("VPSA") at par, upon the terms established pursuant to this- ordinance. The appropriate officers of the County are hereby authorized and directed to sell the Bonds to VPSA. 3. Details of the Bonds. The Bonds shall be issuable in•fully registered form; shall be dated the date of issuance and delivery of the Bonds; shall be designated "County of Roanoke General Obligation Equipment Financing Bonds, Roanoke County Series 1989"; shall bear interest payable semi-annually on June 1 and December 1 (each an "Interest Payment Date"), beginning December 1, 1989, at the rates established in accordance with paragraph 4 of this ordinance; and the principal amount of the Bonds shall be payable in annual installments on the dates (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this ordinance. The Bonds shall be issued as a single, typewritten bond substantially in the form attached hereto as Exhibit A. 4. Interest Rates; Principal Installments. (a) The Admini- strator of the County is hereby authorized and directed to accept the interest rate or rates on the Bonds determined by VPSA by ccapetitive bid, provided that no such interest rate or rates shall exceed nine percent (9%) per annum, and the execution and delivery of the Bonds as described in Section 6 hereof shall conclusively evidence the same as having been approved and authorized by this ordinance. (b) The principal amount of the Bonds shall be payable in five (5) annual installments of not'to exceed $88,000 the first of which shall be due December 1, 1989, and the remaining installments annually thereafter. ` 5. .Payment; Paying Agent and Registrar. The Treasurer of the County is hereby designated as Bond Registrar and Paying Agent for the Bonds and the following provisions shall apply: (a) all payments of principal of and interest on the Bonds shall be made in immediately available funds to VPSA at or before 11:00 a.m. on the applicable Interest Payment Date and Principal Payment Date, or if such date is not a business date for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day preceding such Interest Pay- ment Date and Principal Payment Date; and (b) all overdue payments of principal or interest shall bear interest at the applicable interest rate or rates on the Bonds. 6. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds in an aggregate principal amount of $440,000 and to affix the seal of the County hereto. 7. Full Faith and Credit. The full faith and credit of the County are hereby irrevocably pledged for the payment of principal of and interest on the Bonds as the same become due and payable. There shall be levied and collected annually on all locally taxable property in the County an ad valorem tax sufficient to pay such principal and interest as the same respectively became due and payable. 8. School Board Approval. The Clerk of the Board is hereby authorized and directed to cause a certified copy of this ordinance to be presented to the School Board of the County. The Bonds hereby authorized shall not be issued by the Board until the School Board of the County shall have adopted an appropriate resolution consenting to the issuance of the Bonds. 9. Non -arbitrage Certificate and Tax Covenants. The appropriate officers and agents of the County are hereby authorized and directed to execute a Non -Arbitrage Certificate- and --Tax _Covenants setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds or on the VPSA Bonds. The Board covenants on behalf of 2 the County that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Non -Arbitrage Certificate and Tax Covenants and that the County shall comply with the other covenants and repre- sentations contained therein. Furthermore, the Board covenants on behalf of the County that the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 10. Use of Bond Proceeds, The Board hereby appropriates and directs that, simultaneously with the sale of the Bonds to VPSA,. the Treasurer shall apply, or cause to be applied, (a) the difference between the principal amount of the Bonds and the cost of the Equipment to VPSA to defray the cost of issuing the Bonds and (b) the remainder of the proceeds from the sale of the Bonds, representing the cost of the Equipment, to VPSA for the purchase of the Equipment. 11. Filing of Ordinance and Publication of Notice. The appro- priate officers or agents of the County are hereby authorized and directed to cause a certified copy of this ordinance to be filed with the Circuit Court of the County and, within ten (10) days thereafter, to cause to be published once in a newspaper having general circulation in the County a notice setting setting forth (a) in brief and general terms the purposes for which the Bonds are to be issued and (b) the amount of the Bonds. 12. Further Actions. Each member of the Board and all other officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 13. Effective Date. This ordinance shall take effect imme- diately. The requirement of reading the title of this ordinance at two regular meetings is hereby dispensed with as permitted by Section 18.04 of the County Charter. On motion of Supervisor Nickens, seconded by Supervisor Robers to approve ordinance and dispense with second reading, and upon the following recorded vote: AYES: Supervisor Johnson, Rcbers, McGraw, Nickens, Garrett NAYS: None The undersigned Clerk of the Board of County Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of County Supervisors held on April 11, 1989, and of the whole thereof so far as appli- cable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the con- sideration of the foregoing ordinance, a quorum was present. WITNESS MY HAND and the seal of the Board of County Supervisors of the County of Roanoke, Virginia. 3 Dated: April 11, 1989 cc: File Bond Counsel Circuit Court Judge School Board Clerk County Treasurer Mary H. Allen, Deputy Clerk Roanoke County Board of Supevisors Don Myers, Assistant County Administrator Diane Hyatt, Director, Finance 4