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HomeMy WebLinkAbout11/22/1988 - RegularOst•yer L7~ 19~~ f. ~. r~ ` ._ s~+criff M. F. Krra~x+x~rb 4~3© Estt Clad 9tr•~k15s gal ea, Virtiris Deer gir s Is a Heave Oxa~r tad 1.sidcxt •f floe aOXLEZ HILLS pR$A, we weed i•re B•lis• Pr•testi®n im •~ar areas gtartix~t at 1•set ti7 as0© PT"., a "P•liee Cruiser's" )rtseas• will "gwi•t" as{d 6rsatl~ d•riaish "Tlae Crxisera" distarlaiat tiekari•wla~m lasts, les.ii)Y~s1, CnaixwitT. We ]aa~e s©tise~t "The P•lis• pr•seYSS", ®i t• "gwiet:" *lae "Crxl~ers" s•zerk:t whex tlae P•lise are seeY. We tiet 7 lasl) with dais )r•lrlei. " " wick tlassE "R•wd~ Crrisers" f•r three 7•a~rE )Liss 91r, ws tiaT• Pat-U) a "NO CRUISE SAN" Ordixaxs• with SIGNS ti• ~•isY - is •. jpa•atlat Wla~ past ir, re last:11 •l 1Y •wr streets? Tlae"C•wstU glNGaaAN~"gFOYING EAN" iY P•til • nxildixts, s• we wait to tr7 ti]as NO CE I " ast-time-aYi•T~s•" is a lareeQiYt-tr•wnd fsr ALCOHOLISM, This w••Yl~ ) DOPE-ADDICTION AND TES-AGE 9E1C. Listed tiel•x are a fsr •f "Thc Crwisere" AstisYS: 1• DRpG LACING-SPE2IDING L• IGNOYE STOP-SIGNS ~• CAR gTE&E08 GOING FULL aLAST DAZ AND NIGHT tt7 AT/~ ~ ~, LOUD HC;~-_I,~~ vF HO~i ZEL,LING AT ONS ANO'PH~~s TO VISIT AND G0g3IP gCOTCH a0TTLE3, 6. DOUDLE PAYKING ON 3TltE.. Payer Cw)s , Ti • saes , ?. LiTTIDi: (asst ssaas, a•titlss, U=derwear/PaxAL,I,a`Is3~ 0 i INZWHSYE -WHEN U~tGE gTjtIKE3 a• URINATE - IN STH'~MUFFLSR3,AND TIMES gQUEALLING, Aistwrtiixt sl••) 9, THEIR LOUD MOTORS, asst L AM 10. AIR I9 HEAVZ «ITH "GASOLINE T~UYNgIN PYIVATE DFIVE'WAZ3, DAMAGING ~I- 11. "TH$ CRUISEYDIIVE'WAZgRANDSEVEN OU1 GARaAGE PAILS VATS LASr1N3, 1t • PAY~iING IN ST)GN3gg~3E'TR;IGNB DE3TROZED, OagCE~TE LANGUAGE gP~tAZ- i3• PAINTEDOONLgIGN3. Oar H•llixs le)rss•~at~!ti7s Mr. asti J•titis.s•, wlasm saai)a16Yi~t f•r Lois •w ttie Dsnrd )rawis•Q ws 1Y Yis saw)aitx literatxre that ke rsald )•siti•Y " `ts ~stoQ kiY "Ds sowetkixt ati®xt the CRIII3INGhe~~~LEdMwcw~•i` 1~ t®slael) ws sstileTe a iY sfflss, tint as •f this date "NO CRUISING aAN". •atl~ a)n'•siatsd• ,1ti7 3a•1) low saY tirYisk is 1Y iYis ^attisr will h• Sr Vert Sir~erelr, gitiat,sTes os~ f•llswix6 )aces s C•)~s solo J•kias•x, Claairaaax C•uwt~ a•:rQ Elizatistiy a•wl•s, CitT c.tia•il t , Ait•rY ~ G•Ytra1 ~~~ /"~~ ~f.~, ~ Marl ~-• T•rr7, - , 1~ "T9 ~; ,i tit ~_ - -- , s , ~ , ~~ v gtate Psliss De#~• ' ~' ~~ .,~ ~wce,~h.~Yra~;, ~-, r• _ U~ t y~-,~Q~-~- ~/ (~ .-- TG x`412" . J~ •/t~w''~R'~) C o c'~'~ r' ~>w t>>Lr'- Oeteber 19,.19~a 5619 Derby R~:d NW 130XI.EY HILLS ~ $e,,~n~;;c, Vir~it~i~+ ~.~012 Sheriff M. F• K~Te~r~~Eh X30 Eat C1~' Strcct S~~le~, Vir~iMi:n ~~159 Deer Sir s As u Hm~e t7nner tnfl Hesic~cnt of the B~alcy Ailla Are~~, x~ n~cc~ ~~rr Politic pr~teeti®~ in gar areas. 3tartira~ s.t 1©aati b7 as00 PM, ~ "P©li~~ Cruiser°s" ,~rp~srr7cn rsiii uiet sxaA gre~+tlJ dC~iniah "T~t Cruisers" di~burleinx beh~~i~r nhcn~hPre, q We Mr.Te netieed "The Polis~ PZ`CaCne3C"Wc ~rx ~,~.~ to BeaiQtratel Conr:itT. "ga:icts" thr. "Cruiffi~rs" s4rntxhp,i- Token tke P~liee art seen' }:ielp ~-1th thaia ~-reblc~. xe T~1~TC "~eib-u p" with tTaese "HeKdy Crui~cre" fir t~re~e ye~wrR.. Sir, scat trT ~, "NO CRUISE BAN" SIGN t~ be 1~.et~ lled Ea~u~;h - i~ - Er~Q~a~1~! ~ihT in e~ur atrtetzs? The- Cr3untT his ~ "NO 5Td0IrING B1~N" in Pa:l~lic BT+.ildinr~~, ^ , v e r;~:~t to try the "NO CRUISING BAN! ". Listed bel~~ ,ire a fe~o of "The Craiscrs" Aati~,nss 1 ~ DRAG g.~CING ~, IGNOI?Fs STOP-SIGNS gT~EOS GOIN L BLAST NIGHT CND DdtY ~® ~. CAFi G 0 Ns LOUD HONI':ING OF , 5~ YgLLING AT ONF. ATJOTIiER PAHr~~ING ON STREETS TO VISIT !'PID GOSSI ^TTLrS) 6. 7 DOUBLE LITTER: (Br~r t•ara, $~,ttlt'R, , F~ 3TI1II>E9 P~+p..r ~ NYWHEH$-WH..~J URGE . ~~ 9 URIN~hTE - IN STREETS, OLIN~ AIH IS HEAVY Z~IITE GAS S FUMFS" tea ? AM & l~t~^ ~ •tt,rbir~~: r1eeA e.a n^TA1r' L~"`TZ n it sgUF11LLI 1G d ., .~ 1 7 . ~ 10. TAEIA LOUD MOTORS AND TINE !~G CO'~tNr " . ~. 2't7't~N IIv PRIy' 3'TE 1; Ii7",l ",:fS, D~~r~t:v~,~~ ~ 11. ~ , CUT " ~+' CIdUISE.R9 THE ~PID FV~sN GARBAGE PAIL RIVEWAYS , L11WT~1S, D *or rig Our A®llina Rtprtsent~ti~e Mr. Barb Johnn~M, ripen ~,,~~~i~nin can tl~e Boa-rci pre,wiaed tea ire Mir: s,~~,aPi~n litPr~t}are ti~et; he r,~~:~lc' _rositi~n r ,~, •~^n Hn^c1". Wc; ~r~tecl him "Dc~ ~~~rti~irng sbnut~ . tie h~~}~r.snd;~ne~~~tY~ir~~' t^~1>zel ~~ us rci~leYe~ ~ "NU C~iUIS- in, 1~ut au ef. tY~ia da ING BAN" . ~ ~; ~~ ,` P.r„~ tl~ ~, h~re~.i Ant help yan sa~n furnir~h u:s in this n:~tter rill be^ Vtr~' gir~tscrel7, Si?;" ~t'xrPe r.cxt p~~ez '~ \+ ~' ~' ~~'' : ~ ^ ~ J 7 i^ r°', ,. ,1 l ti::~~.~C'-,c~.i~. t: ~...:.t~-'f.. ~ ~ . ? 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E r1 '. ~~ ~ ~ ~ ~' ~ ~~ s~is ,Q ~d /l/• u/ S d~33 D.4~~ry ~~ N~1 ~---- ~~ 12 ~ o , . , ,U-~ . ~, ~a~ /.~~ ~ ~~ ~ ,~ iU~J s~ a ~ ~ '~ ~~~~ ~ ~~"~ ~7~ ~~ ~ !~~ ~ s-~~~ ~~ 3 ~Z_~~775 3~~ - ? 32 3 ,~-~ 3 ~ ~ -- ~ ~ ~ ~- ~~ ~ ~~'~~ del ~~- ~ .~~;~ ~~s ;~./~ ,y, ~,,~~.~ ~ _-- ~ ~ ' ~ ~ L ~ ` ~~ ", ~'~ ~'"' . , . , ~, ~ ~~ ~ ~_~ ,' i' `~_~ l~ ~ _./ /) ! ~ Q/Y7Q/f Q/ l- - G`../~C~~!'~1~-+i+~ / ~ / c~~~1'.E,C~.I C~ /~ `1/I ./L~~'~ _/yi 6 ai't~- y J ~ , L'rYtA.~ ~~//~~,~, _ i ~ Q~ ~ C,c~""t Q/i~~~ ~ / J ~~~ ~~ ~f C ~~ ~rL(~J-CJ v i L,' ~~ ' -C~ ~ ~ ~ ~- ~_ '~~ ,~< ~ M ,~-R y ~ ~ wr ~ X08 ~c-~'u%rc:~ .~~, ~. ~ ~ ~~~ "~ ~ ~ 3 ,; ,~~ ~~c hit; ~= ~~ ~~~~.~~u`,Ic_ ~~n ~~~ ~ v-3~~~ - 7 ~ -~-~ I`i / r ~ l SZn'U ^ / / .i ~, - ~~ ~ i ~ . i ~, 3~ ~" ~~ ~ L ~. 3 g '~ ,~ t-' ; ' i ~: ~ . ~'1.'', , ~/ f. / i ~,~ ~~ z ///~~~ ~ _ ~ _ ,._ , ~ _ . ~~ ~ r ~ ' ~ 1. i F ~' ~ ~/ ~ ;:.,~ /~`~' ~~1 ~`~ i. _ ~ A`;~ . ,: - , \ _ .__~ _ ~ ~` = - ~ '-~' - ~- `' ~ rJ ~ L ~~ ~~ _ , , i 7 j ii. '~ ~ ~ ;~-~ /I' 1. 1. ~, a ----- _ ,, - ~ - 1 '_; ~~ ~~~ yD 7 ~~~'`~~ ~ ~~G-G -953 /y~ ~~~~~ ~ ~ ~ i; ~ ~'r"~ ~~.~/~~~ ~ ~ :1 r- ~~ ~ ~-~% ~ 1 Corm-~r~ ~~_n~ C'~ 4.~- ~~ - ~lo ~ __ GJGJ~~ ~ ~~ ~ .1 yes ~,~ , ~ ~~ ~7/~ ~ ~ ~~ ~~ ~~~~ h ~ ~ -~ ~~ ~ 1 . ~~, ~`~ ~ ,L , ' , q ._ ~ ; Ci ,! ~/ i, , ~ u i ~7 ~ ~~~~ ~~ ~~ - - //~~-, _ c..~ i ~ r/ J ~ / ~ ~~" _~ _~~ ~ ~ (~ ~ ~ 1 ~~ /~ ~ ~ ~ ~ ~,/ / ~ 1Cj/~Q~l.- ~~~ ~~y~UL ~._-- ~` ~ ,,~, ~~' i ~ 1 1~ ~ ~ ~~ ~ % ~ ~ ,ice- ~(.C-~~ ~~-~~`~ 6ti~ LT ~` GLi-f;~•£-0"~` - ~ 1 /~_- ~\ HO JIINE 26, 1989 COUNTY OF ROANOKE BOARD OF SUPERVISORS F.O. BOX 29800 ROANOKE, VIRGINIA L~O18-0?98 ATTENTION MR. BOB JOHNSON AND DISTINGUISHED BOARD MEMBERS RE: "ANTI-CRUISE ORDINANCE FOR BOXLEY HILLS SUBDIVISION" DEAR MR. JOHNSON: I HAVE BEEN INFORMED~EETINGESWILLSBEIDISCUSSIONG OF6 THE 89) A SEGMENT OF THE "CRUISING PROBLEM". BEFOREI~~LIN~R~~NNOVEMBERT2~NA1988R PLEASE CRUISE ORDINANCE' WE APPL READ THE ATTACHED THREST DOESNST SWAYV COMMISSIONERMAWH0~11 ESPECIALLY THE 'TEEN PROTE A BOXLEY HILLS HOMEOWNER PICKED UP WHILE ON VACATION IN LAS VEGAS. (THEY ALSO VIEWED ON THE NEWS,. IN MY LAST CONVERSA TIONH~~EOWNERSRCANNO~EHA~E THE IANTIE HINTED THAT BOXLEY HILLS CRUISE ORDINANCE WE HAVE BLGFO~LOW©THETSTEFSSTAKEN INA VEGAS (NOTE FEEL ASSURED THAT IF YOU WI BY COMMISSIONER MSY TCAN IDRAWNDE~p AND OTT,F ATCI~I~ R T ATTACHED) YOU SUREL nan rNANf'F. " FOR OUR SUBDI VISION AND U. S . HIGHWAY ROUTE 1 , WITHOUT ANY COMPLICATIONS. OUR PRESENTATION OFS ~~ HA VE4FADEDGFROMRYOUR MINDS OUR RIGHTS AFOREMENTIONED MEETING SEEM YOUR MAIN CONCERN NOW IS THE "CRUISERS' WEIHOMEOWNERS FAY THE HA VE BEEN PUT ON THE BACK-BURNER, ANNUALLY INCREASED FROPERT ~ T THESNEWL YCHACQUI REDA AWARDYOAL SO TRAVEL TO CHICAGO TO RECEI FOR THE EARNED TRIPS SICN~ SAT WILLIAMSONW~ ABNEY ROADSp)R "ORDINANCE AND TRAFFIC L COME ON GENTLEMEN WHO'S EI~UR ~ET~ ON, THINK OF THESE "CRUISING DRUNKS', THEY AR WHY NOT EARN THE "ALL AMERICAN CDRAGY STRIP? THE CRIMES UP THE WILLIAMSON ROAD/BOXLEY HILLS THESE HOODLUMS ARE CERMITTEDGTHESE SO CALLEDG~~RUISERSD UNBELIEVABLE, YOU HAVE P PAGE # 2 CONTD.: COUNTY OF ROANOKE BOARD OF SUFERVISORS ROANOKE, VA. 4018-0?98 FOR YEARS TO BREAK EXI`~OURSELFLABOXLEYDHILLSEHOMEOWNERSR NEIGHBORHOODS. WHY NOT DO AREA BUSINESS" PEOPLE ALEVCRUISER5LOAGSUPER FA VORMANDIPAS~ ROADS AND THE "MALE & FEM AN "ANTI -CRUISE ORDINAN~yO1VEI T LISTEDFESPECIALLY~AAL~EAMERICAN SPOT)) TO BENEFIT EVE ROANOKE COUNTY"! THE ARTICLE "SUMMPE INGHTO ~ USA STWEI Mp!~USTN HA VESIMMEDIATE IS EXACTLY WHAT IS NAP ACTION, TAKE CHARGE ANDSHERIFFCKAVANAUGH, T HISSDEPUTIES AND MAINTAIN CONTROL THROUGH JUDGE BURKHART. ~ROANOKE HAORE YOUFTO SUPPL~ SHERIFFHKAVANAUGH BEING ENFORCED. WE IMPL WITH SUFFICIENT FUNDS TO ~~~MINA TE THE "CRUISING PROBLEM' WE CANNOT TOLERATE ANOTHER NI THE THIRD PAGE OF IANOKE TIMESSANDKWORLD NEWS,SALSO EACH ITEM APPEARED IN THE RO ITEM CONDEMNS "THE CRUISING MESS WE HAVE TO LIVE WITH DAILY"! GENTLEMEN WE IMPLORANOKE CDUNTY,VOTW~ NMUST W HAVE ATHIS CRUISE ORDINANCE' FOR RO ORDINANCE PASSED TODAY. THANK BE OF ANY YOU FOR ALL YOUR DO NOTNHESITATESTOACONTACTFME.CRN ASSISTANCE PLEAS SINCERELY, MRS. JANICE G. SHRADER (7031366-4659 5603 DARBY ROAD N. W. , ROANOKE, VA . 24 C11 Z JS/,7 s cC: COUNTY ATTORNEY PAUL MAHONEY ATTORNEY JOE OBERCHAIN SHERIFF MICHAEL KA VANA UGH COUNTY ~Uf~GE BURKHART f, : ., +(3~tE ~•~t o ,~ I' " f :,~ v v ....... - 4z - : ~ ~: ~ x r,- , a ~ s' ~ tis:, Teenagers protesting the~new 9 "- ~ ,.~ ~4 on the Las -Vegas ~ ~. y ~n p:m. curfew ~~ ~~ .« f t ` Strip Fridays, Saturdays.and °: `" ~ ~~ ~` ~x holidays didn't win sympathy ~ Thalia--Don- ~ ' from Commissioner -~ ~ _ .. ~ ~.~ dero. ~~'1~, tT14t~ ~s,,~ t ~~' ~ ~~ ; "It's not their personal play- ~~ ' •k ground and that's, what. they want .. -f is a personal playground in-.the ' :; middle.nf the Stnp,".I~ondero said- ,. .: x° ~.,. ~~ . Tuesday.. ' .~ ~ ~'~ ~~~`~, `~;: `~ On June 6 Ehe County Com- ~ ,; -~ _ mission approved an ordinance to ~ ' "~ impost the :curfew to reduce toss areas, with;permission, for .teenagers in, but keep them there ~' once they arrived; Miller said. The young people on the Strip after` .barbecues. onsored with: complaints of tourist harassment, "The teenagers want a pool .dances could be co-sp Y fights and traf €ic jams from hail, a place ° to .hang out with local radio stations. teenage drivers. There were no video games,,, she said. ` ` ` T h e y' i• e t a 1 k i n g about . protests at the public hearing. Las Vegas City Councilman something different," Dondero The commissioner said she has Steve Miller, a local rock `n' roll said. "`hey don't want a dance talked to Shonda Taylor, 17' band manager and:"promoter dur- hall." spearheading a petition drive to ing the early 1960s, said he sup- The teenagers want to kr-zild raise 1,000 signatures in protest of ports weekend dances at Cashman their hangout in the middle. of the curfew to cut' cruising. Field: glamorous -Las Vegas Boulevard , A week ago. Miller met-with ~ Taylor hopes to repeal the resorts, Dondero said. curfew and put the matter before Metro Police and City Parks and. ' ure Activities officials to "I'm afraid, then haven't c h~¢ k the voters. LeES she said about t e Dondero said she suggested ns- start dances at Cashman Field.. vinceii me, 1 ing empty school parking lots or .Such dances woulJd allow curfew,. ,• ",! _ . _. , _ • ,. ~~'~ ~r~e~~~r~ ~:~r~vi~~ed ~~ ~~~~~~ssina a~ t~ O~ POANp~~ G ~ ~~ ^~ ~~~r~ 1838 Eso 88 SFS~UICEN7ENN~P~' a8tnuti'u~r3c~;~nrcin4 ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA NOVEMBER 22, 1988 Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public Hearings will be heard at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. 2. Invocation: The Reverend G. Thomas Brown Southview United Methodist Church 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA ITEMS. ECH-ITEM D-1, SUPPORT FOR REGIONAL WORK FARM, CONTINUED TO 12/13/88 C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS NONE D. NEW BUSINESS 1. Resolution of Support for a regional work farm. CONTINUED TO 12/13/88 2, Appropriation of roadway funds for acceptance of Red Barn Lane into the State's Secondary System. R-112288-1 BLJ/SAM TO APPROVE URC 3, Request for Improvements at the Administration Center. A-112288-2 HCN/BLJ TO APPROVE ALT- ~2 - CARPETING AND SIGNAGE URC 4. Yearly progress report by Mental Health Services of the Roanoke Valley. HCN/BLJ TO RECEIVE REPORT BY DR. SULLIVAN UW E. REQUEST FOR WORK SESSIONS NONE F', REQUESTS FOR PUBLIC HEARINGS NONE G, APPOINTMENTS 1. Community Corrections Resources Board 2, Mental Health Services of the Roanoke Valley, Board of Directors RR NOMINATED RITA GLINIECKI H, REPORTS AND INQUIRIES OF BOARD MEMBERS JOHNSON (1) HAS RECEIVED COMPLAINTS ABOUT LEAF COLLECTION - NOT COLLECTING WHEN SCHEDULED. ECH ADVISED STAFF WILL BE WORKING OVERTIME TO CATCH UP. (2) ASKED STAFF TO REPORT BACK THE FEASIBILITY OF UPSTREAM RETENTION BELOW THE NEW AIRPORT RUNWAY. IF THIS IS FEASIBLE HE WILL TAKE TO AIRPORT COMMISSION. (3) ASKED STAFF TOH ONESWSHOULDOBEICOMPENSATED FOR TRAV~EDL,gMF:AT,S,TO ESTABLISH WHIC ETC. ROBER ANNOUNCED MAY JOHNSON HAS BEEN ILL AND JUST RELEASED FROM THE HOSPITAL. W (1) ASKED THAT ALL LOCALITIES REFRAIN FROM DISCUSSING WHAT MIGHT HAPPEN CONCERNING CONSOLIDATION ISSUES, PARTICULARLY EMPLOYEES. (2) ASKED LEE GARRETT TO CONTACT MAYOR TAYLOR TO ASCERTAIN IF ROANOKE CITY HAS A PREDISPOSITION IN REGARD TO THE ELIMINATION OF VA OOAPPROVEDYTHE VACO-VNSLGTASKAFORCEPREPORT3AND ANNOUNCED THAT 2 WILL BE PRESENTED TO THE GRAYSON COMMISSION IN DEC. C4) ANNOUNCED HE HAD BEEN ELECTED 2ND VICE PRESIDENT OF VACO. G~NTIAL MERGERTAND DOESBNO DPILANWA~KNEEBJERKD REACTIONETO THE POTE ISSUE I. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. R-112288-3 HCN/LG TO APPROVE RESO WITH ITEM I-11 REMOVED URC 1. Confirmation of appointments to the Building Code Board of Adjustments and Appeals, Grievance Panel, Library Board, Mental Health Services of the Roanoke Valley, Board of Directors, and Planning Commission. A-112288-3.a 2. Acknowledgment Tra nsportation tak en into the a. 0.06 miles b. 0.15 miles c. 0.04 miles d. 0.07 miles e. 0.20 miles f. 0.08 miles g. 0.10 miles h 0.07 miles i. 0.09 miles j. 0.09 miles from the Virginia Department of that the following roads have been Secondary System: of White Eagle Lane of Buffalo Circle of Blackhawk Circle of Tee Pee Lane of Warrior Drive of Buckskin Lane of Warbonnet Road of Canoe Circle of Tomahawk Circle of Scout Circle A-112288-3.b 3. Approval of Resolution to add 0.06 miles, North Roanoke/Franklin County Line, Route 660, to VDOT Secondary System due to relocation and construction changes. R-112288-3.c 3 4. Request for acceptance of Past Times Lane into VDOT Secondary System. R-112288-3.d 5. Request for acceptance of Ranchcrest Drive, Snow Owl Drive and Golden Eagle Lane into VDOT Secondary System. R-112288-3.e 6. Request for acceptance of Fort Lewis Circle into VDOT Secondary System. R-112288-3.f 7. Request for acceptance of Green Ridge Court into VDOT Secondary System. R-112288-3.a 8. Request for acceptance of water and sewer facilities serving Junipine Subdivision. A-112288-3.h 9, Acceptance of water and sewer facilities serving Penn Forest Hills. A-112288-3.i 10. Approval of Resolution of supporlicationatokthe Valley Chamber of Commerce's App Department of Economic Development for Small Business Center. R-112288-3.~ ----__--}}- -Apprapriatian--ef-BEA-ftiaels-te-tl~e-Si~erif€~s Bepartmeat- APPROPRIATION OF DEPT. OF JUSTICE FUNDS TO THE SHERIFF'S DEPT. A-112288-4 BLJ/RR TO SEPARATE THE TWO REQUESTS - URC BLJ/RR TO APPROVE APPROPRIATION OF $61,147.81 FOR DRUG ENFORCEMENT WITH STIPULATION THAT FINANCE DEPT. AND COUNTY ATTORNEY ESTABLISH MECHANISM FOR TRACKING OF FUNDS AND INTENT OF ALLOCATION HCN - NO OTHERS - YES 4 BLJ/SAM TO CONTINUE TO 12/13/88 FOR APPROPRIATION OF $6200 SO SHERIFF CAN ADVISE BOARD HOW MONEY WILL BE SPENT - URC J. CITIZENS' COMMENTS AND COMMUNICATIONS 1. Jerry Grubb, 306 First Street, Roanoke, to speak on waiver of water ordinance. NO ACTION TAKEN - DENIAL ACTION OF 11/9/88 STANDS 2. Francis Robbins, spoke for her mother, Marie Mitchell, 3043 Franklin street requesting requesting waiver of water ordinance for extension of public water to Mrs. Mitchell's home. LG REFERRED TO STAFF TO BRING BACK RECOMMENDATIONS ON 12/13/88 K. REPORTS HCN/RR TO RECEIVE AND FILE UVV 1. Capital Fund Unappropriated Balance 2. General Fund Unappropriated Balance STAFF WILL HAVE YEAR-END BALANCE ON 12/13/88 3. Board Contingency Fund 4. Financial Statements for October 1988 5. Accounts Paid for October 1988 L. WORK SESSION 1. Proposed Amendment to the Employee Handbook. STAFF TO MAKE RECOMMENDED CHANGES AND BRING BACK FOR APPROVAL ON 12/13/88 M. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 (a) (3) to consider acquisition or use of real estate for Cave Spring Rescue Squad (1) to consider a personnel appointment, (7) legal matter - Dixie Caverns Landfill, (b) CL&0 Investors v. Board of Supervisors LG/HCN AT 5:10 - URC WITH SAM ABSENT 5 EVENING SESSION (7:00 P.M.) 7:05 P.M. - LG INTRODUCED WEEBLO BOY SCOUT TROOP N. PUBLIC HEARINGS 1188-1 Petition of Lucv M. Clark to rezone a 0.62 acre tract from B-1 Business to B-2 Business, to bring the existing convenience store into conformance with the zoning ordinance, located at 4145 West Main Street, Route 460, Catawba Magisterial District. SAM/HCN TO APPROVE URC 1188-2 Petition of Fralin & Waldron, Inc. for Planning Commission review of compatibility of Comprehensive Development Plan and a proposed waste water treatment plant to serve Forest Edge, Section 3, located north side of Route 221 (Bent Mountain Road), 40 feet east of Route 696 (Martins Creek Road), Windsor Hills Magisterial District. NO ACTION NECESSARY HCN/RR TO TABLE UNLESS FRALIN AND WALDRON REQUEST A HEARING BY BOARD 1188-3 Public Hearing for citizens to comment upon County's request that the General Assembly amend Section 2.02, Taxing Powers; Section 8.03 Additional Powers, Commissioner of Revenue; Section 9.03, Board of Zoning Appeals, of the existing Charter. R-112288-5 HCN/BLJ TO SEPARATE ISSUES - URC HCN/SAM TO APPROVE SECTION 2.02, MEALS TAX, SECTION 8.03, ENFORCEMENT OF AUTO DECAL BY COMMISSIONER OF REVENUE - URC BLJ/RR TO APPROVE SECTION 9.03 APPOINTMENT OF BZA BY BOARD OF SUPERVISORS - HCN - N0, OTHERS - YES 0. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1188-4 Public Hearing and Second Readinct for citizens to comment upon Ordinance amending and reenacting Chapter 10 of the Roanoke County Code, Licenses, 6 and providing for a permit fee for solicitor's permits. 0-112288-6 HCN/RR TO APPROVE ORD AND THAT COUNTY ATTORNEY STUDY SUGGESTIONS MADE DURING PUBLIC HEARING - URC 1188-5 Public Hearing and Second Reading for citizens to comment upon Ordinance establishing certain procedures for financing of local public works improvements, authorizing the imposition of assessments upon abutting property owners, providing for notice thereof, objections and appeals, pursuant to the statutes for such cases made and provided. 0-112288-7 SAM/LG TO APPROVE ORD. URC p. FIRST READING OF ORDINANCES Q. SECOND READING OF ORDINANCES 1. Ordinance accepting an offer for and authorizing the sale of .55 acre, more or less, in the Southwest Industrial Park. 0-112288-8 HCN/BLJ TO APPROVE ORD URC 2. Ordinance accepting an offer for and authorizing the sale of two (2) acres, more or less, in the Southwest Industrial Park. 0-112288-9 HCN/RR TO APPROVE ORD URC 3. Ordinance accepting an offer for and authorizing the sale and conveyance of surplus real estate - well lot, Glen Forest. 0-112288-10 HCN/LG TO APPROVE ORD URC= 4. Ordinance establishing certain procedures for the financing of local public works improvements, authorizing the assessments upon abutting property 7 owners, providing for notice thereof, objections and appeals, pursuant to the statutes for such cases made and provided.(HEARD UNDER PUBLIC HEARINGS) VOTE UNDER PUBLIC HEARINGS 5. Ordinance amending and reenacting Chapter 10, Licenses and Providing for a permit fee for Solicitor's Permits. (HEARD UNDER PUBLIC HEARINGS) VOTE UNDER PUBLIC HEARINGS R. CITIZENS' COMMENTS AND COMMUNICATIONS 1. Homeowners in the Boxley Hills section to speak concerning "cruising" in their neighborhood. BLJ/LG MOTION THAT COUNTY ATTORNEY GET OPINION FROM ATTORNEY GENERAL ON ANTI-CRUISING ORDINANCE AND THAT COUNTY ADMINISTRATOR MEET WITH SHERIFF KAVANAUGH TO BEGIN TO FIND SOLUTIONS TO THE CRUISING PROBLEMS. NEW ITEM A-112288-11 AUTHORIZATION TO LEASE ADDITIONAL OFFICE SPACE SAM/LG TO APPROVE APPROPRIATION OF FUNDS FOR ADDITIONAL OFFICE SPACE, EFFECTIVE JANUARY 1, 1988 AYES - BLJ, SAM, LG NAYS - RR~ HCN S. ADJOURNMENT AT 9:36P.M. 8 o~ POAN0,1-F a h :. ~~ ~~~~~~~e ~~~~~ 150 1838 reaps 88 SFSQUICENTENN~P~' ABeauti~ulBeginning ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA NOVEMBER 22, 1988 Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public Hearings will be heard at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. 2. Invocation: The Reverend G. Thomas Brown Southview United Methodist Church 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA ITEMS. C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS D. NEW BUSINESS 1. Resolution of Support for a regional work farm. 2. Appropriation of roadway funds for acceptance of Red Barn Lane into the State's Secondary System. 3. Request for Improvements at the Administration Center. 4. Yearly progress report by Mental Health Services of the Roanoke Valley. E. REQUEST FOR WORK SESSIONS F. REQUESTS FOR PUBLIC HEARINGS G. APPOINTMENTS 1. Community Corrections Resources Board 2. Mental Health Services of the Roanoke Valley, Board of Directors H. REPORTS AND INQUIRIES OF BOARD MEMBERS I. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Confirmation of appointments to the Building Code Board of Adjustments and Appeals, Grievance Panel, Library Board, Mental Health Services of the Roanoke Valley, Board of Directors, and Planning Commission. 2. Acknowledgment from the Virginia Department of Transportation that the following roads have been taken into the Secondary System: a. 0.06 miles of White Eagle Lane b. 0.15 miles of Buffalo Circle c. 0.04 miles of Blackhawk Circle d. 0.07 miles of Tee Pee Lane e. 0.20 miles of Warrior Drive f. 0.08 miles of Buckskin Lane g. 0.10 miles of Warbonnet Road h 0.07 miles of Canoe Circle i. 0.09 miles of Tomahawk Circle 2 j. 0.09 miles of Scout Circle 3. Approval of Resolution to add 0.076 miles, North Roanoke/Franklin County Line, Route 660, to VDOT Secondary System due to relocation and construction changes. 4. Request for acceptance of Past Times Lane into VDOT Secondary System. 5. Request for acceptance of Ranchcrest Drive, Snow Owl Drive and Golden Eagle Lane into VDOT Secondary System. 6. Request for acceptance of Fort Lewis Circle into VDOT Secondary System. 7. Request for acceptance of Green Ridge Court into VDOT Secondary System. 8. Request for acceptance of water and sewer facilities serving Junipine Subdivision. 9. Acceptance of water and sewer facilities serving Penn Forest Hills. 10. Approval of Resolution of support for Roanoke Valley Chamber of Commerce's Application to the Department of Economic Development for Small Business Center. 11. Appropriation of DEA funds to the Sheriff's Department. J. CITIZENS' COMMENTS AND COMMUNICATIONS 1. Jerry Grubb, 306 First Street, Roanoke, to speak on waiver of water ordinance. K. REPORTS 1. Capital Fund Unappropriated Balance 2. General Fund Unappropriated Balance 3. Board Contingency Fund 4. Financial Statements for October 1988 5. Accounts Paid for October 1988 L. WORK SESSION 3 1. Proposed Amendment to the Employee Handbook. M. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 (a) (3) to consider acquisition or use of real estate for Cave Spring Rescue Squad. EVENING SESSION 17:00 P.M.) N. PUBLIC HEARINGS 1188-1 Petition of Luck M. Clark to rezone a 0.62 acre tract from B-1 Business to B-2 Business, to bring the existing convenience store into conformance with the zoning ordinance, located at 4145 West Main Street, Route 460, Catawba Magisterial District. 1188-2 Petition of Fralin & Waldron, Inc. for Planning Commission review of compatibility of Comprehensive Development Plan and a proposed waste water treatment plant to serve Forest Edge, Section 3, located north side of Route 221 (Bent Mountain Road), 40 feet east of Route 696 (Martins Creek Road), Windsor Hills Magisterial District. 1188-3 Public Hearing for citizens to comment upon County's request that the General Assembly amend Section 2.02, Taxing Powers; Section 8.03 Additional Powers, Commissioner of Revenue; Section 9.03, Board of Zoning Appeals, of the existing Charter. O. PUBLIC HEARINGS .AND SECOND READING OF ORDINANCES 1188-4 Public Hearing and Second Reading for citizens to comment upon Ordinance amending and reenacting Chapter 10 of the Roanoke County Code, Licenses, and providing for a permit .fee for solicitor's permits. 1188-5 Public HearincL and Second Readina for citizens to comment upon Ordinance establishing certain procedures for financing of local public works improvements, authorizing the imposition of assessments upon abutting property owners, providing for notice thereof, objections and 4 appeals, pursuant to the statutes for such cases made and provided. P. FIRST READING OF ORDINANCES Q. SECOND READING OF ORDINANCES 1. Ordinance accepting an offer for and authorizing the sale of .55 acre, more or less, in the Southwest Industrial Park. 2. Ordinance accepting an offer for and authorizing the sale of two (2) acres, more or less, in the Southwest Industrial Park. 3. Ordinance accepting an offer for and authorizing the sale and conveyance of surplus real estate - well lot, Glen Forest. 4. Ordinance establishing certain procedures for the financing of local public works improvements, authorizing the assessments upon abutting property owners, providing for notice thereof, objections and appeals, pursuant to the statutes for such cases made and provided. (HEARD UNDER PUBLIC HEARINGS) 5. Ordinance amending and reenacting Chapter 10, Licenses and Providing for a permit fee for Solicitor's Permits. (HEARD UNDER PUBLIC HEARINGS) R. CITIZENS' COMMENTS AND COMMUNICATIONS 1. Homeowners in the Boxley Hills section to speak concerning "cruising" in their neighborhood. S . ADJOURNMENT 5 ~. ACTION NUMBER ITEM NUMBER~_ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 22, 1988 AGENDA ITEM: Approval of resolution of support for a Regional Work Farm COUNTY ADMINISTRATOR'S COMMENTS: ~F~' ~'~j q ~ ~, ~,~, ~ ~ ~.,_,~ t- ~ ~,~ t . ~. f , t 1 r ~~ /(~~ _ ~;.. BACKGROUND' s ..~r-~J ~/ ~~/ ,, ~~' ~~~, Several weeks ago, Judge Kenneth Trabue requested that Roanoke County participate in a study to determine the feasibility of a regional work farm for non-violent offenders. The work farm would be a joint effort among the five localities who form the Fifth Planning District Commission. SUMMARY OF INFORMATION At the November 9th Board of Supervisors meeting, Supervisor Johnson requested that a resolution of support for this concept be prepared for approval on November 22, 1988. A resolution is attached for your approval. ALTERNATIVES Alternative #1: Support a regional work farm concept among the five jurisdictions in the Fifth Planning District Commission. Judge Kenneth Trabue and the Sheriff's of each locality would be responsible for the planning and implementation of the project Alternative #2: Support the concept of a regional work farm under the direction of the Fifth Planning District Commission. STAFF RECOMMENDATION Staff recommends Alternative #2. We would further recommend that Judge Kenneth Trabue be requested to participate with the five law enforcement officials responsible for implementation of a joint work farm in cooperation with the Fifth Planning District. .. -, Staff also recommends that each participating locality make available members of their staff to offer recommendations on potential uses of this work force to aid their locality. ~' ~~ ~j ~` 7 ,~</ Elmer C. Hodge ' County Administrator Approved ( ) Denied ( ) Received ( ) Referred To: ACTION Motion by: _ VOTE Yes Garrett Johnson McGraw Nickens Robers No Abs ~-i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY , VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 22, 1988 RESOLUTION OF SUPPORT FOR A STUDY BY THE LOCALITIES IN THE FIFTH PLANNING DISTRICT TO CREATE A REGIONAL WORK FARM FOR NON-VIOLENT OFFENDERS WHEREAS, there exists a need in the Roanoke Valley for a productive use of non-violent offenders presently being housed in the valley's jails; and WHEREAS, many non-violent offenders could be available to serve the citizens in their localities as well pay their debt to society; and WHEREAS, The Fifth Planning District which includes the Cities of Roanoke and Salem, the Counties of Botetourt and Roanoke, and the Town of Vinton, has begun to study the feasibility of a regional work farm supported by the five participating jurisdictions, and WHEREAS, this regional work farm could provide services to the localities resulting in savings in jail operations, and also give non-violent offenders the opportunity to perform productive work for their community. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia supports the concept of a regional work farm operated by the five participating jurisdictions in the Fifth Planning District, and BE IT FURTHER RESOLVED that the Board of Supervisors requests that the Honorable Kenneth Trabue, Chief Judge of the ~-i Circuit Court, continue his involvement with the law enforcement agencies to ensure that the study will proceed in a timely manner. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 22, 1988 RESOLUTION 112288-1 AUTHORIZING APPROPRIATION OF ROADWAY FUNDS FOR ACCEPTANCE OF RED BARN LANE INTO THE STATE SECONDARY ROAD SYSTEM WHEREAS, the developer of Little Tree Acres subdivision located in Roanoke County has completed the physical improvements necessary for Red Barn Lane to be accepted in the State's Secondary Road System; and WHEREAS, said developer has filed Chapter 11 Bankruptcy and therefore is presently unable to post the necessary bonds and fees required for street acceptance; and WHEREAS, the Virginia Department of Transportation (VDOT) will accept Red Barn Lane into the State Secondary Road System once the road maintenance fee and one year warranty bond are submitted; and WHEREAS, the cost of the maintenance fee and bond are estimated to be Three Hundred Dollars ($300); and WHEREAS, the maximum bonding liability could be approxi- mately Three Thousand Seven Hundred Fifty Dollars ($3,750) but only if the street fails and VDOT demands payment; and WHEREAS, any monies expended for the acceptance of Red Barn Lane into the State Secondary System would have to be allo- cated from the FY 88-89 road activity fund and the escrow road account. NOW, THEREFORE, be it resolved by the Board of Supervi- sors of Roanoke County, Virginia, that said Board supports the expenditure of County funds to facilitate acceptance of Red Barn Lane into the State Secondary Road System and that the expendi- ture of funds from the FY 88-89 road activity fund and the escrow road account to accomplish this purpose is hereby authorized. On motion of Supervisor Johnson, seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY TESTS: .~ 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 Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget 2 ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 22, 1988 AGENDA ITEM: Appropriation of roadway funds for acceptance of Red Barn Lane into the State's Secondary Road System. COUNTY ADMINISTRATOR' S COMMENTS : A ~ .,~ --~"~ ,, .;, ,;~ ~_G%'~ .l~~r Yom(' A ~,r~-~' ~ ' ~ ~ ! ~~ ~ .~C °' ~` ~ I s 1" =-,~ '7 „t- ~ .. ~:z: ~' ~'-.i is . ~ i ...,.1 :./! i.. ,...~ .. 4 t ' :~C r ~?. ~ ~%~. ,..E '.~N J_ "~.tn BACKGROUND: Elmer Craft, the Developer of Little Tree Acres, has completed the physical improvements for Red Barn Lane to be taken into the State's Secondary Road System. Due to his present financial status (Chapter 11 Bankruptcy), Mr. Craft is unable to post the necessary bonds and fees required for street acceptance. SUMMARY OF INFORMATION: With the completion of the corrections to the road, V.D.O.T. will accept Red Barn Lane into the Secondary Road System once the road maintenance fee and one year warranty bonds are submitted. The cost of the maintenance fee and bond are estimated to be approximately $300.00. The maximum bonding liability could be $3,750.00 but only if the street fails, and V.D.O.T. demands payment. To my knowledge, this action has never been taken by V.D.O.T. Due to the financial status of the Developer, staff is requesting direction from the Board of Supervisors on funding options which would allow Red Barn Lane to be taken into the Secondary Road System. ALTERNATIVES AND IMPACTS: 1. Fund the maintenance fee and bond using the FY 88-89 Road Activity monies. Currently Roanoke County has an Escrow Road Account made up of old subdivision accounts ($8,000.00) which could fund any corrections required. ~+ 2. Pursue the fee and bond through bankruptcy court action. The length of this action would delay road acceptance and may result in future expenditures of private and public funds to make any necessary corrections to the road. STAFF RECOMMENDATION: 1. Staff recommends the Board of Supervisors to approve Alternative No. 1 to provide funding to facilitate the acceptance of Red Barn Lane. MITTED BY: !' 1 1 A nold Covey ~ -- Development Review and Inspections Director APPROVED: ~; Elmer C. Hodge ~ County Administrator ----------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Received ( ) Referred to Garrett Johnson McGraw Nickens Robers o s ~ b ~,~.. ~ ~ ~ `~~,,. ` ~~. 9 ~ ~~ i ,., ~, ~~ . ~ moo. ~ P -_ ~'~ .,oBO t: 3 ~; . ~ 4 i. \ O Y ' ~ ,~o ~ VICINITY MAP ~ ~ \ ~ z ~•. 9'I / y Qi• 9 ~ 7 3.! nc. A2 u / X / ,4~ 410 .r~, , y. ~ Q~`Qa 9.3 v ~ /.~ • •jr4 s' 49 9.12 s' / 44 ~~ ~ / ~ 48 ~ 4q ce ,p e / ~ 9.5 ,q ~ " S s / 0°c /O * 0eF s S3 !1 k L-a Q NORTH e e`~i PROPOSED ADDITION SHOWN IN YELLOW DESCRIPTION: - 332 1) Red Barn Lane from-the intersection of Stoney I.Ii A~ Ridge Drive (Rt. 1096) to the cul-de-sac. LENGTH: (1) 0.17 Miles RIGHT OF WAYt (1) 50 Feet ROADWAY WIDTH: (1) 29 Feet SURFACE WIDTH: (1) 20 Feet SERVICE: (1) 6 Homes IMPROVEMENT NECESSARY; /~. RECOMMENDATION: ~' - ~.~. ' 1 ~i 411 1 ~~ ~° i 9.6 9J3 n 3o s., PA ~" ~.y ~ c~ 13 . c+• F 4.16 n c-r a 12 31.3 ~rao s 136 •c- « ~ 417 d?' 'On 9 423At r 31.2 ~-1 II ,OT 0.e M 4 ~ L!I llc ~ ~_~ 10 Acceptance of Red Barn Lane COMMUNITY SERVICES & DEVELOPMENT ~~- ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 22, 1988 RESOLUTION AUTHORIZING APPROPRIATION OF ROADWAY FUNDS FOR ACCEPTANCE OF RED BARN LANE INTO THE STATE SECONDARY ROAD SYSTEM WHEREAS, the developer of Little Tree Acres subdivision located in Roanoke County has completed the physical improvements necessary for Red Barn Lane to be accepted in the State's Second- ary Road System; and WHEREAS, said developer has filed Chapter 11 Bankruptcy and therefore is presently unable to post the necessary bonds and fees required for street acceptance; and WHEREAS, the Virginia Department of Transportation (VDOT) will accept Red Barn Lane into the State Secondary Road System once the road maintenance fee and one year warranty bond are submitted; and WHEREAS, the cost of the maintenance fee and bond are estimated to be Three Hundred Dollars ($300); and WHEREAS, the maximum bonding liability could be approxi- mately Three Thousand Seven Hundred Fifty Dollars ($3,750) but only if the street fails and VDOT demands payment; and WHEREAS, any monies expended for the acceptance of Red Barn Lane into the State Secondary System would have to be allo- Gated from the FY 88-89 road activity fund and the escrow road account. NOW, THEREFORE, be it resolved by the Board of Supervi- sors of Roanoke County, Virginia, that said Board supports the expenditure of County funds to facilitate acceptance of Red Barn °'.. ~, Lane into the State Secondary Road System and that the expendi- ture of funds from the FY 88-89 road activity fund and the escrow road account to accomplish this purpose is hereby authorized. ACTION # A-112288-2 ITEM NUMBER ~--~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 22, 1988 AGENDA ITEM: Request for Improvements at the Administration Center COUNTY ADMINISTRATOR'S COMMENTS: ~~ / ~:~:~.-Givrii'r'4. ~~ .e... _ 4 BACKGROUND: Several items relative to the convenience and safety of citizens calling at the Administration Center need attention. SUMMARY OF INFORMATION: ° The hallways in the building are very slick and present a safety hazard, particularly to the handicapped. The installation of carpet would reduce the safety hazard and improve the appearance of the building. ° The Administration Center is not adequately identified for those passing by on Brambleton .Avenue. ° Signs should be installed to designate entrance and exit paths for the Administration Center parking lot. The absence of such markings present a safety hazard. ° Paving is needed in the upper parking lot facing Valley Forge Avenue. .~,,~_~ ALTERNATIVES AND IMPACTS: 1 - Carpeting for the Administration Center $ 5,000 - Sign at front of Center on Brambleton (estimate) 1,200 - Signs at parking lot 250 - Paving 5,000 --~--- Total 11 450 Alternative 1: Complete carpeting, signage and paving. Alternative 2: Complete carpeting and signage only. Alternative 3: Do neither. Funding for this project would be from the Capital Fund Unappropriated Balance. STAFF RECOMMENDATION: Staff recommends approval of Alternative 1. SUBMITTED BY: _ ~.~.~</ Donnie C. Myer Assistant County Administrator Management Services APPROVED: v ~~ Elmer C . -Uo ge County Administrator ACTION VOTEi+ _______ Approved ( ~ Motion by: Harry C. Nickens/ No Yes Abs Denied ( ) Bob L. Jo nson o approve Garrett x Received ( ) erna ive Johnson x Referred to cc: File Don Myers John Chambliss John Hubbard Reta Busher Diane Hyatt Keith Cook McGraw x Nickens x Robers x ~ - ~/ MR. CHAIRMAN AND MEMBERS OF THE ROANOKE COUNTY BOARD OF SUPERVI- SORS, MY NAME IS HENRY SULLIVAN, I SERVE AS YOUR APPOINTEE TO THE BOARD OF MENTAL HEALTH SERVICES, A JOINT AGENCY OF VALLEY GOVERNMENTS, THANKYOU FOR THIS OPPORTUNITY TO REPORT ON THIS YEARS ACTIVITY, DURING THIS PAST FISCAL YEAR $69,984 OF ROANOKE COUNTY'S TAX DOLLARS WERE MATCHED WITH STATE AND FEDERAL DOLLARS AND FEES TO PROVIDE X947288 OF SERVICE TO ROANOKE COUNTY CITIZENS, THIS Ah10UNTS TO $14,00 WORTH OF SERVICES FOR EACH ROANOKE COUNTY TAX DOLLAR EXPENDED, OUR MENTAL HEALTH DIVISION SERVED 921 ROANOKE COUNTY RESI- DENTS DURING THIS PAST YEAR. AS A RESULT OF EXTENSIVE RE- EVALUATION AND RESTRUCTURING, WE HAVE INCREASED THE NU~9BER OF SERVICES TO PERSONS GJITH LONG TERM MENTAL ILLNESS AND TO CHILDREN WHO NEED MENTAL HEALTH CARE, OUR COMMUNITY SUPPORT SYSTEM PROVIDES A BROAD RANGE OF SERVICES DESIGNED TO ASSIST PERSONS WITH LONG-TERM ILLNESS, TO A GREAT EXTENT, THESE PROGRAMS HELP TO MEET NEEDS WHICH WERE CREATED BY DEINSTITU- TIONALIZATION, THE MOUNTAIN HOUSE PSYCHOSOCIAL PROGRAM FOCUSES ON INDEPENDENT LIVING. SKILLS OF THOSE WITH LONG TERM ILLNESSES, A NEWLY DE- SIGNED CASE MANAGEMENT SYSTEM WILL IMPROVE OUTREACH PROVIDE MORE CONTACT HOURS AND PERMIT US TO TRACK THE NEEDS OF OUR SERIOUSLY ILL POPULATION, WE HAVE IMPROVED OUR ABILITY TO REACH OUT TO OUR COM(~IUNITY, OUR NEWLY MOBILIZED STREET TEAM SEEKS OUT AND HELPS INDIVi- DUALS WHO ARE HOMELESS AND HAVE SERIOUS MENTAL ILLNESS, THEY WORK CLOSELY WITH RAM HOUSE, SALVATION ARMY AND SAMARITAN INN AND HOMES FOR ADULTS, IN THE FEW MONTHS THIS PROGRAh1 HAS BEEN AVAILABLE, THESE SHELTERS HAVE REQUESTED THAT ADDITONAL TEAMS BE PROVIDED, WE HAVE ENHANCED OUR CRISIS INTERVENTION SERVICES IN THE SALEM-ROANOKE COUNTY JAIL BY PROVIDING SPECIAL. TRAINING FOR OUR EMERGENCY OUTREACH SERVICES STAFF, SERVICES TO EMOTIONALLY DISTURBED CHILDREN AND ADOLESCENTS HAVE. BEEN RE-ORGANIZED SO THAT. THEY ARE CLEARLY IDENTIFI- ABLE AND HAVE SINGLE FISCAL AND OPERATIONAL ACCOUNTABILITY, TWO RESIDENTIAL FACILITIES FOR ADOLESCENTS HAVE CLOSED - -2 - I ~ THE KIWANIS INDEPENDENCE PROGRAM AND .THE ADOLESCENT CRISIS UNIT, BEGINNING IN THIS FISCAL YEAR, SEVERAL NEW SERVICES ARE BEING DEVELOPED, THESE INCLUDE CASE f~IANAGEMENT FOR CHILDREN AND ADOLESCENTS WHO ARE IN OUR STATE MENTAL HEALTH FACILITIES; HOME-BASED SERVICES. FOR FAMILIES IN CRISIS, AND DAY TREATMENT FOR ADOLESCENTS, ALSO, A COUNSELOR IN EACH OUTPATIENT CENTER HAS BEEN DEDICATED TO CHILD AND ADOLESCENT CASES, OTHER COUNSELORS PROVIDE INDIVIDUAL, GROUP AND FAMILY COUNSELING, MENTAL HEALTH SERVICES CONTINUES TO PROVIDE ~4-HOURS 7-DAYS PER WEEK CRISIS INTERVENTION FOR PSYCHIATRIC EMERGENCIES THROUGH EP9ERGENCY OUTREACH SERVICES, THE MENTAL RETARDATION DIVISION PROVIDES QUALITY COMMUNITY SUPPORT SERVICES TO PERSONS WITH MENTAL RETARDATION, THEiR FAMILIES, AND THE COMMUNITY, DURING THIS PAST YEAR 224 CITIZENS OF ROANOKE COUNTY RECEIVED SERVICES, SERVICES PROVIDED INCLUDE Eh1ERGENCY, OUTPATIENT AND CASE MANAGEf`1ENT, DAY SUPPORT, RESIDENTIAL, AND PREVENTION AND EARLY INTERVEN- TION, -3- THE NUMBER OF SERVICES TO ALL LOCALITIES INCREASED LAST YEAR, MENTAL HEALTH SERVICES HAS A CONTRACTUAL RELATIONSHIP WITH THE ROANOKE COUNTY PARKS AND RECREATION DEPARTMENT TO PROVIDE FOR THE SPECIAL RECREATIONAL NEEDS OF CITIZENS WITH MENTAL RETARDA- TION, THE NUMBER OF ROANOKE COUNTY CITIZENS RECEIVING SERVICES INCREASED THE COUNSELING AND .LIFE SKILLS CENTER AND IN ALL RESIDENTIAL PROGRAMS LAST YEAR, WITH NEW INITIATIVE FUNDING APPROVED BY THE GENERAL ASSEMBLY IN THE BIENNIUM BUDGET WE WILL BE INCREASING SERVICES TO CITIZENS WITH MENTAL RETARDATION IN ALL LOCALITIES, THE GROUP HOf1E FOR PERSONS WITH f~1ENTAL ILLNESS AS WELL AS MENTAL RETARDATION, WHICH HAS BEEN SUCH A HIGH PRIORITY FOR THE PAST SEVERAL YEARS, WILL BE THE FIRST PROGRAf~ DEVELOPED, THE RESIDENTIAL RESPITE FACILITY, WHICH WILL PROVIDE OVERNIGHT RESPITE SERVICES TO FAMILIES WHOSE SONS OR DAUGHTERS HAVE MENTAL RETARDATION, WILL ALSO BECOf~IE OPERATIONAL WITH NEW INITIATIVE FUNDING, CASE MANAGEMENT AND DAY SUPPORT PROGRAP1MING SUCH AS SHELTERED EMPLOY- MENT WILL BE SIGNIFICANTLY INCREASED IN THE SECOND YEAR OF THE BIENNIUM, THE SUBSTANCE ABUSE DIVISION'S SERVICES ARE PROVIDED TO PREVENT _r_._ ~~ THE DEVELOPh1ENT OF SUBSTANCE ABUSE PROBLEMS AND TO PROMOTE THE RECOVERY OF INDIVIDUALS WITH ALCOHOL AND DRUG DEPENDENCE AND ADDICTION. SERVICES INCLUDE PREVENTION AND EARLY INTERVENTION, OUTPATIENT TREATMENT FOR INDIVIDUALS AND FAMILIES, DETOXIFICA- TION, AND BOTH SHORT AND LONG-TERM RESIDENTIAL PROGRAMS. LAST YEAR~111 RESIDENTS OF ROANOKE COUNTY WERE SERVED IN OUR SUBSTANCE ABUSE PROGRAMS, RESULTING IN NOT ONLY PERSONAL AND FAMILY RECOVERY, BUT ALSO IN A REDUCTION IN MANY OF THE SOCIAL COSTS ASSOCIATED WITH SUBSTANCE ABUSE, IN ROANOKE COUNTY, (MENTAL HEALTH SERVICES HAS A SPECIAL RELA- TIONSHIP WITH THE SCHOOL SYSTEMS WHICH ENABLES ALL OF US TO HAVE A GREATER OPPORTUNITY FOR DRUG-FREE SCHOOLS FOR OUR CHILDREN, NEW INITIATIVE FUNDS WILL ENABLE THE SUBSTANCE ABUSE DIVISION TO PROVIDE A PROGRAM OF COUNSELING, CASE MANAGEMENT, AND SUP- PORT TO INDIVIDUALS AFTER TREATMENT IN ANY PART OF THE RESIDENTIAL ALCOHOL PROGRAM, CAPACITY FOR SUPPORTED LIVING ARRANGEMENTS FOR RE-ENTRY CLIENTS FROM THE THERAPEUTIC COMf~1U- LAITY HAS ALSO BEEN INCREASED, -5- NEW FUNDS WILL ALSO PERMIT INCREASED ALCOHOL AND DRUG ABUSE SERVICES TO JUVENILES, WE ARE ADDING AN ADOLESCENT OUT-PATIENT TREATf~1ENT COUNSELOR AND A PREVENTION/EARLY INTERVENTION SPECIALIST TO ASSIST WITH EARLY INTERVENTION PROGRAMS IN THE SCHOOLS, DURING THE 1988 GENERAL ASSEMBLY SESSION SIGNIFICANT NEW FUNDS WERE APPROPRIATED TO PROVIDE EXPANDED SERVICES FOR PERSONS WITH MENTAL ILLNESS, MENTAL RETARDATION, AND SUBSTANCE ABUSE PROBLEf~IS, UNFORTUNATELY, FUNDS EARP1ARKED FOR MAINTENANCE WERE NOT SUFFICIENT TO C0~1PLETELY MAINTAIN ALL PREVIOUSLY EXISTING PROGRAMS, ON THE ATTACHED CHART YOU CAN SEE A MORE DETAILED BREAKDOWN OF OUR SERVICES TO THE RESIDENTS OF THE COUNTY DURING FISCAL YEAR 1987/88,. DR, FRED ROESSEL, THE AGENCY`S EXECUTIVE DIRECTOR, AND THOMAS CHAPMAN, THE DIRECTOR OF ADMINISTRATION, ARE HERE WITH ME AND WE WILL BE HAPPY TO RESPOND TO ANY QUESTIONS YOU MAY HAVE, -6- 11/9/88 MHSRV DIRECTLY FUNDED PROGRAMS FY-88 STATISTICS / JURISDICTION COUNTY OF ROANOKE ~E~IflL_~EBLI~ COUNSELING EXTENDED CARE CLUBHOUSE EMERGENCY SERVICES CHILDREN'S CENTER ADOLESCENT CRISIS UNIT PREVENTION SERVICES MH SUBTOTAL MEI~IBL_3EI83DAi.I4~ COUNSELING AND LIFE SKILLS CENTER FAMILY SUPPORT WORK ACTIVITIES ADULT DEVELGPMENT SUPPORTED EMPLOYMENT READ ROAD NIAGARA ROAD HAZELRIDGE ICF/"~R APARTMENT ! IVItJG SHORT TERM CARE COLLEGE FOR LIVING MR SUBTOTAL $!I$~IflhCE_flfil!$F NEW DIRECTIONS HEGIRA HOUSE RESIDENTIAL ALCOHOLISM PROGRAM SA SUBTOTAL TOTAL FY-87 LOCAL SHARE SERVICE/LOCAL DOLLAR UNDUPLICATED UNITS OF VALUE OF CLIENT COUNT SERVICE SERVICE 37.9 90 8 155 3 13 -----~~1 921 72 12 25 4 12 2 6 4 7 18 _~2 224 98 2 1,553 HOURS 6104,266 600 HOURS 644,112 294 DAYS x13,615 200 HOURS x27,052 462 DAYS x63,020 252 DAYS x52,995 -----1Z$ dQuRS--- ----5I5~~~4 3,539 5320,724 463 HOURS 546,200 12 GRANTS x23,300 4,223 DAYS x59,575 742 DAYS 520,148 422 DAYS x~~1, 896 649 DAYS 537,250 1,580 DAYS x105,518 1,257 DAYS 5149,818 504 DAYS 539,986 5,793 HOURS x10,547 -----1$~ kiQURS_---- ----s 13~3ZZ 15,831 5517,615 1,173 HOURS x76,716 207 DAYS 59,301 ----------11 -----358 DAYS--------522932 111 1,738 6108,949 1,256 21,108 5947,288 - - x69,984 - - 514 ACTION N0. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 22, 1988 AGENDA ITEM: Progress Report Presented by the Mental Health Services of the Roanoke Valley COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The By-laws of the Mental Health Services of the Roanoke Valley require that they present a yearly progress report to all participating localities. The Executive Director has requested time on the agenda for Dr. Henry Sullivan to present this report. ,j ~% - Elmer C. Hodge County Administrator -------------------------------------------- ACTION VOTE Approved ( ) Motion by: Yes No Abs Denied ( ) Garrett Received ( ) Johnson Referred McGraw To• Nickens Robers ~~ November l~, 1988 M r. Lee Garrett, Chairman Roanoke County Board of Supervisors P. 0. Box 298P10 Chairman Roanoke VA 2418 Henry L. Woodward ~ Vice-Chairman Harriett M. McClung Dear Mr . Garrett Treasurer This is to request time on the agenda of the Thelma L. Stephens Roanoke County Board of Supervisors on November 22, Secretary lggg~ for Dr. Henr Sullivan to give a brief Susan F. Ivey y progress report about services provided to the Executive Director Fred P.Roessel,Jr.,Ph.D. citizens of the County of Roanoke by Mental Health Services of the Roanoke Valley. Sincerely, U l G~-r-~-i` Fred P. Roessel, Jr., Ph. D. Executive Director FPRjr:cd C: Elmer C. Hodge Mary Allen Brenda Holton Dr. Henry Sullivan MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY EXECUTIVE OFFICES, 301 Elm Avenue, Roanoke, Virginia 24016-4026 - (703) 345-9841 Serving the Counties of Botetourt and Roanoke and the Cities of Roanoke and Salem ~~ ACTION NUMBER ITEM NUMBER "l"'.u~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 22, 1988 SUBJECT: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS• SUMMARY OF INFORMATION: 1. Community Corrections Resources Board One-year term of Edmund J. Kielty, Alternate. His term expired August 13, 1988. 2. Mental Health Services of the Roanoke Valle Board of Directors Three-year term of Barbara Higgins, County appointee, will expire December 31, 1988. Ms. Higgins has served two terms and is not eligible for reappointment. SUBMITTED BY: Mary H. Allen Deputy Clerk APPROVED BY: ~' ~~ Elmer C. Hodge County Administrator ------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: Yes No Abs Denied ( ) Received ( ) Referred To: Garrett Johnson McGraw Nickens Robers ~- I COMMUNITY CORRECTIONS RESOURCES BOARD A. COMPOSITION: (From Bylaws and Section 53.1-183) To consist of seven members appointed as follows: one member from Roanoke County; one member from Salem City; three members from the judges in the 23rd Judicial District; one member from the Department of Corrections. The term of office shall be determined__by~he appointing authority (Roanoke County's is--one- __ _ __ -- - year _. ) _ _ ~- - -- Reviec~t=felony referrals from- the Circuit Courts of -= =Roanoke-C~~~--aanoke County and the.:.-City of Salem for possible --- . _ ~-: - -_ diversion---m-_state penal system and -local jails . - C. MEETINGS: Third Tuesday of each month at 4:00 p.m. ~j ' O'\ MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY, BOARD OF DIRECTORS A. COMPOSITION Board to consist of not less than five (5) nor more than fifteen (15) members, with four (4) members from each of the jurisdictions based on recommendations from the Board. Members at large must be confirmed by the County and Cities of Salem and Roanoke. Members may not serve more than two (2) full terms. B. DUTIES: To serve as Board of Directors for the Mental Health, Mental Retardation and Substance Abuse Services program. To be the sole recipient of local tax funds to be matched by State and/or Federal funds for the mental health, mental retardation and substance abuse services programs and has authority for the expenditure of all said local tax funds allocated to it. Reviews and evaluates community mental health, mental retardation and substance abuse services and facilities, both public and private. Presents a program of community mental health, mental retardation and substance abuse services and facilities. Appoint an executive director of Mental Health Services whose qualifications meet the standards fixed by the department and prescribe his duties. Prescribe a reasonable schedule of fees for services provided by personnel or facilities under the jurisdiction or supervision of the Board and for the manner of collection of same. Seek and accept funds through State and Federal grants. C. MEETING SCHEDULE: Third Thursday of each month. OCT 2 C 1~3~ ~-- , October 24, 1988 Mr. Lee Garrett, Chairman Roanoke County Board of Supervisors P. 0. Box 298P1P1 Roanoke, VA 241~11~ -- -_ -° -~- ._=--~-e~~r. Garrett:- -- ---•~-~sy:: __ - -- - "ccording to our, records, Mrs. Barbara ca,m~~ - ~-= g ~~s'- term of appointment: to Mental Health xenryL.woodward Services of the Roanoke Valley Board of Directors V~-ca,m.,,~n by the Roanoke County Board of Supervisors expires Harriett M. McClung December 31, 1988. Our records also indicate that r~5~re. Mrs. Higgins will have completed her second three- ThelmaL.Stephens year term, and according to Virginia Statutes is sxrerory not eligible for reappointment. Susan F. Ivey ex~~r~a~. Your attention to this matter will be very Fred P. Rcessel, Jr., Ph.D. much appreciated . Sincerely, Vt Fred P. Roessel, Jr., Ph. D. Executive Director ---EP12~.r : cd C: Elmer C. Hodge arbara Higgins - - MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY -- -~_-- -- -- --EXECUTIVE OFFICES, 301 Elm Avenue, Roanoke, Virginia 24016-4026 - (703).345-9841: ,, ___ -Serving the Counties of Botetourt and Roanoke and the Cities of Roanoke and Salem AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 22, 1988 RESOLUTION N0.112288-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - 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 November 22, 1988, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 11, inclusive, as follows: 1. Confirmation of appointments to the Building Code Board of Adjustments and Appeals, Grievance Panel, Library Board, Mental Health Services of the Roanoke Valley, Board of Directors, and Planning Commission. 2. Acknowledgment from the Virginia Department of Transportation that the following roads have been taken into the Secondary System: a. 0.06 miles of White Eagle Lane b. 0.15 miles of Buffalo Circle c. 0.04 miles of Blackhawk Circle d. 0.07 miles of Tee Pee Lane e. 0.20 miles of Warrior Drive f. 0.08 miles of Buckskin Lane g. 0.10 miles of Warbonnet Road h 0.07 miles of Canoe Circle i. 0.09 miles of Tomahawk Circle j. 0.09 miles of Scout Circle 3. Approval of Resolution to add 0.076 miles, North Roanoke/Franklin County Line, Route 660, to VDOT Secondary System due to relocation and construction changes. 4. Request for acceptance of Past Times Lane into VDOT Secondary System. 5. Request for acceptance of Ranchcrest Drive, Snow Owl Drive and Golden Eagle Lane into VDOT Secondary System. 6. Request for acceptance of Fort Lewis Circle into VDOT Secondary System. 7. Request for acceptance of Green Ridge Court into VDOT Secondary System. 8. Request for acceptance of water and sewer facilities serving Junipine Subdivision. 9. Acceptance of water and sewer facilities serving Penn Forest Hills. 10. Approval of Resolution of support for Roanoke Valley Chamber of Commerce's Application to the Department of Economic Development for Small Business Center. 11. App~ep~ieties--ef-BSA-fr~~els-te-the-She~iff~s Bepa~t~-e~t- 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, seconded by Supervisor Garrett with Item 11 removed. The motion passed by 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 11/23/88 CC: Phillip Henry, Engineering Director Clifford Craig, Utility Director John Hubbard, Assistant County Administrator Timothy Gubala, Economic Development Director File ACTION NUMBER ITEM NUMBER~_ A-112288-3.a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE November 22, 1988 SUBJECT: Confirmation of Committee Appointments COUNTY ADMINISTRATOR S COMMENTS: SUMMARY OF INFORMATION: The following nominations were made at the previous board meeting and must now be confirmed by the Board of Supervisors. The nominee has agreed to serve. Building Code Board of Adjustments and Appeals Robert Allen Williamson has been nominated by Supervisor Johnson for a four-year term representing Hollins Magisterial District. His term will expire January 22, 1992. Grievance Panel Cecil Hill has been nominated by Supervisor Nickens to serve another three-year term as Alternate. His term will expire on October 12, 1991. Library Board Carolyn Pence has been nominated by Supervisor Nickens to another four-year term representing the Vinton Magisterial District. Her term will expire December 31, 1992. Mental Health Services of the Roanoke Valley Board of Directors Dr. Joseph Duetsch as been nominated by Supervisor Garrett to serve another three-year term as an at-large member representing all participating localities. His term will expire December 31, 1991. Planning Commission ! r j Michael Gordon has been nominated by Supervisor Garrett to serve another four-year term representing the Windsor Hills Magisterial District. His term will expire December 31, 1992. SUBMITTED BY: Mary H. Allen Deputy Clerk APPROVED BY: ,e i~ ti C, fV' d, Elmer C. Hodge County Administrator -------------------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Harrv C. Nickens/ Yes No Abs Denied ( ) Bob L. Johnson Garrett x Received ( ) Johnson x Referred McGraw x To• Nickens x Robers x cc: File Building Code Board of Adjustments & Appeals Grievance Panel Library Board Mental Health Services of the Roanoke Valley Board of Directors Planning Commission ACTION N0. A-112288-3.b ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 22, 1988 AGENDA ITEM: Acknowledgment from the Virginia Department of Transportation the additions to the Secondary System COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County has received notification that the following additions to the VDOT Secondary System have now been approved: a. 0.06 miles of White Eagle Lane b. 0.15 miles of Buffalo Circle c. 0.04 miles of Blackhawk Circle d. 0.07 miles of Tee Pee Lane e. 0.20 miles of Warrior Drive f. 0.08 miles of Buckskin Lane g. 0.07 miles of Canoe Circle h. 0.10 miles of Warbonnet Road i. 0.09 miles of Tomahawk Circle j. 0.09 miles of Scout Circle ~..~. Mary H. Allen Deputy Clerk ~` ~~ ~a ~~ Elmer C. Hodge County Administrator -------------------------------------------------------------------------- ACTION VOTE Approved ~ ) Motion by: Harry C. Nickens/Bob Yes No AbS Denied ( ) L. Johnson Garrett x Received ( ) Johnson x Referred McGraw x To• Nickens x Robers x cc: File Phillip Henry . dp C6dN®,~_ __ ,~ i ~I. °~, ~`' @~~0. DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RAY D. PETHTEL RICHMOND, 23219 COMMISSIONER November 1, 1988 Secondary System Additions Roanoke County Board of Supervisors County of Roanoke P. 0. Box 29800 Roanoke, VA 24018 MEMBERS OF THE BOARD: ~~ c P , ~q,~ ~„"`l OSCAR K. MABRY DEPUTY COMMISSIONER As requested in your resolution dated August 9, 1988, the followitlg additions to the Secondary System of Roanoke County are hereby approved, effective October 31, 1988. ADDITIONS ~-~ CHEROKEE HILLS Route 1230 (White Eagle Lane) - From Route 1161 to Route 1231. 0.06 Mi. Route 1231 (Buffalo Circle) - From 0.04 mile Southeast of Route 1230 to 0.03 mile Northwest of Route 1232. 0.15 Mi. Route 1232 (Blackhawk Circle) - From Route 1231 to a Southwest cui-de-sac. 0.04 Mi. Route 1233 (Tee Pee Lane) - From Route 1161 to Route 1234. 0.07 Mi. Route 1234 (Warrior Drive) - From Route 1233 to a Southeast cul-de-sac. 0.20 Mi. Route 1235 (Buckskin Lane) - From Route 1161 to 0.08 mile North of Route 1161. 0.08 Mi. Route 1237 (Canoe Circle) - From Route 1161 to a North cul-de-sac. 0.07 Mi. TRANSPORTATION FOR THE 21ST CENTURY z-a Board of Supervisors November 1, 1988 Page Two Route 1238 (Warbonnet Road) - From Route 1161 to 0.03 mile North of Route 1239. 0.10 Mi. Route 1239 (Tomahawk Circle) - From Route 1238 to a West cul-de-sac. 0.09 Mi. Route 1240 (Scout Circle) - From Route 1161 to a Southwest cul-de-sac. 0.09 Mi. Sincerely, Oscar K. Mabry Deputy Commissioner r.,,L.. ~ ..~. ~,~~ AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 22, 1988 RESOLUTION 112288-3.c REQUESTING CHANGES IN THE SECONDARY SYSTEM DUE TO RELOCATION AND RECONSTRUCTION OF BROOKRIDGE 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 Brookridge Road (Route 660), that this Secondary Route from 1.462 miles north of the Roanoke/Franklin County line to 1.538 miles north of the Roanoke/Franklin County line, a distance of 0.076 miles, has been altered and 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; 2. That certain sections of this new road follow new locations, these being shown on the attached sketched titled "Changes in Secondary System Due to Relocation and Construction on Route 660, Project 0660-080-173,M502, dated at Richmond, Virginia July 6, 1988." 3, That the portions of Secondary Route 660 (Section #2) shown in red on the aforementioned sketch for a total distance of 0.076 miles be, and hereby is, added to Secondary System of State Highways, pursuant to Section 33.1-229 of the Code of Virginia, as amended 1988;" 4. And further, that the sections of old location, (Section #1) shown in blue on the aforementioned sketch, for a total distance of 0.08 miles, be, and the same hereby is, abandoned as a public road, pursuant to Section 33.1-155 of the Code of Virginia, as amended 1988. On motion of Supervisor Nickens, seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY TESTS: ~GZ~~c~ Mary H. P,`~len, 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 2 AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HCENTER ONETUESDAYE NOVEMBERD22NI1gggTION RESOLUTION REQUESTING CHANGES IN THE 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 Brookridge Road (Route 660), that this Secondary Route from 1.462 miles north of the Roanoke/Franklin County line to 1.538 miles north of the Roanoke/Franklin County line, a distance of 0.076 miles, has been altered and 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; 2. That certain sections of this new road follow new locations, these being shown on the attached sketched titled "Changes in Secondary System Due to Relocation and Construction on Route 660, Project 0660-080-173,M502, dated at Richmond, Virginia July 6, 1988." 3, That the portions of Secondary Route 660 (Section #2) shown in red on the aforementioned sketch for a total distance of 0.076 miles be, and hereby is, added to Secondary System of State Highways, pursuant to Section 33.1-229 of_ the Code of Virginia, as amended 1988;" 4. And further, that the sections of old location, (Section #1) shown in blue on the aforementioned sketch, for a total distance of 0.08 miles, be, and the same hereby is, abandoned as a public road, pursuant to Section 33.1-155 of the Code of Virginia, as amended 1988. NORTH 8o.oa CHANGE IN SECONDARY SYSTEM DUE TO RELACATION AND COMMUNITY SERVICES RECONSTRUCTION OF ROUTE 660 (BROOKRIDGE RD.) IN ROANOKE COUNTY AND DEVELOP/NENT ITEM NUMBER '~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: NOVEMBER 22, 1988 SUBJECT: Change in Secondary System due to Relocation and Reconstruction of Route 660 (Brookridge Road) in Roanoke County COUNTY ADMINISTRATOR'S COMMENTS: ,~ ~- ~ ~~ SUMMARY OF INFORMATION The Virginia Department of Transportation has completed the reconstruction of Brookridge Road (Route 660) for a distance of approximately 400 feet including a new bridge over Back Creek. Brookridge Road is located in the eastern part of Roanoke Co owed and is off of Pitzer Road (Route 617). This project was app in 1984 as part of the Six Year Secondary Road Construction Plan. As part of the road relocation project, the Virginia Department of Transportation is proposing that the old roadway and right-of-way be abandoned. All adjoining property owners of the old road have access to the relocated roadway. Staff has reviewed the request and concurs with the VDOT recommendation. FISCAL IMPACT: The reconstruction of Brookridge Road (Route 660) was completed with VDOT funds. RECOMMENDATION: Staff recommends the attached resolutio right-of-way of Brookridge SUBMITTED BY: that the Board of Supervisors approve n and approve the old roadway and Road (Route 660) be abandoned. /~' f~~ ,/ Phillip T. enry Director of Engineering APPROVED BY: Elmer C. Hodge County Administrator ".Z'-3 Approved ( ) Denied ( ) Received ( ) Referred To Motion by: ACTION VOTE No Yes Abs 2 Garrett Johnson McGraw Nickens Robers ~~ ~~ i I` ' ~r ~~~ .~~ ' I sx . ~"~: I L- - - - ~ ~ N ~ / ~1\ ~~:: .i ~ ', _y(.i, ~ ~~ ~~ \I I 1..1i ~\ •ii /10 /) \~~~ / . VICINITY MAP Z3 NORTH CHANGE IN SECONDARY SYSTEM DUE TO RELOCATION AND COMMUNITY SERVICES RECONSTRUCTION OF ROUTE 660 (BROOKRIDGE RD.) IN ROANOKE COUNTY AND DEVELOP1bfENT 3 ""~ AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 22, 1988 RESOLUTION REQUESTING CHANGES IN THE SECONDARY SYSTEM DUE TO RELOCATION AND RECONSTRUCTION OF BROOKRIDGE 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 Brookridge Road (Route 660), that this Secondary Route from 1.462 miles north of the Roanoke/Franklin County line to 1.538 miles north of the Roanoke/Franklin County line, a distance of 0.076 miles, has been altered and 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; 2. That certain sections of this new road follow new locations, these being shown on the attached sketched titled "Changes in Secondary System Due to Relocation and Construction on Route 660, Project 0660-080-173,M502, dated at Richmond, Virginia July 6, 1988." 3. That the portions of Secondary Route 660 (Section #1) shown in red on the aforementioned sketch for a total distance of 0.076 miles be, and hereby is, added to Secondary System of State Highways, pursuant to Section 33.1-229 of the Code of Virginia, as amended 1988;" 4 ~~~ 4. And further, that the sections of old location, (Section #2> shown in blue on the aforementioned sketch, for a total distance of 0.08 miles, be, and the same hereby is, abandoned as a public road, pursuant to Section 33.1-155 of the Code of Virginia, as amended 1988. 5 L/ AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGCENTERHONDTUESDAY,RNOVEMBERO22TY1988INISTRATION RESOLUTION 112288-3.d REQUESTING ACCEPTANCE OF PAST TIMES LANE INTO 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 of Past Times Lane from its intersection with Labaqn Road (Route 849) to the terminus at the cul-de-sac for a distance of 0.09 miles, to be accepted and made a part of of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a f fifty ( 50 ) foot right-of-way for said road have been dedicated by virtue of a certain map known as Junipine Subdivision which map recorded in Plat Book 10, Book 37, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on December 23, 1986 and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3, That said road known as Past Times Lane and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as public road to become a part of the State Secondary System 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 Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, 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 2 ITEM NUMBER ~'° AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: NOVEMBER 22, 1988 SUBJECT: Acceptance of Past Times Lane into the Virginia Department of Transportation Secondary System. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Townside Construction the developer of Junipine Subdivision, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept .09 miles of Past Times Lane. The staff has inspected this road along with representatives of the Virginia Department of Transportation and finds the road to be acceptable. FISCAL IMPACT: No County funding is required. RECOMMENDATIONS: The staff recommends that the Board approve a resolution to the Virginia Department of Transportation requesting that they accept Past Times Lane into the Secondary Road System. SUBMITTED BY: APPROVED: ~/ i// Phillip T. Henry, P. Elmer C. Hodge Director of Engineering County Administrator ~-`~ Approved ( ) Denied t ) Received ( ) Referred to Motion bys ACTION VOTE No Yes Abs Garrett Johnson McGraw Nickens Robers 2 r ~,N- / .~ ~ ~•" /. ~• ~,. L/NE..) .. 4 /~ _ ~ ~_\~..... ~2 lFF °I 4,4 .~ \L_ .•._... _~_~~. ~ ~` VICINlT'Y MAP' rra0 - - If~S ~ - ~, 1,,,~~ Z-Y 4 NORTB ~; ~~ e ~ ~ - _4 __ -_ ?~ Y' ~• dii B O ti ~~ ~~ 2 Q~ ~ti ` ;P s 2 \ ~~~ 7 • I oo•~la ~ o.eeAC~cl - ~' \ :~ ~ ` i 3 ~004c 8 6 • \ 1.09Ac ~ O 'yS ' 0 •~ 4 ~ 4 ` t 1 ~ \ IOOpc 10.5 -'~y 7 ' • • 6 1tiA ~ /`/ i 10.6 2 1 S4/k ~. r ;,.• ~~ / ~, lo. ti' 9 ./.. ~- 10.8 ~ ~ ,, ~ - ~ ~~~ 10;4 ~ 10;9y ~~ / at `\•s~.. . ' 10.3 ~ 10.10 ~_ ~ g1 %~. -T \ / . ~~ ', ~ 10.11 ~~ ~ ~ ~ ~~~ ?; ~ `, ~~ lo;l~,- ~~` a~ a, i ~ ~' ~ '~ PROPOSED ADDITION SHOWN SIN GRAY ~~/ ~ ; DESCRIPTION: ~\ 1) Past times Lane from the intersection of Laban ~"~ ~o,~ ; ;y 2 Road (Rt. 849) to cul-de-sac. j~ ; ~~ , ~ ~~ LENGTH: (1) .09 Miles II ~ ~~ i`~ RIGHT OF WAY: (1) 50 Feet ~~ ~. .~~ ~\ ROADWAY WIDTH: (1) 30 Feet ~ 12~. SURFACE WIDTH: (1) 20 Feet ~ ~ ~ c~ '~~ / p`13 SERVICE: (1) 4 Homes •,~ IMPROVEMENT NECESSARY: ~ /. 2 ,% ~~~ RECOMMENDATION: Acceptance of Past Times Lane into the COMMUNITY SERVICES Virginia Department of Transportation AND DEVELOPMENT Secondary System 3 ~, _ _ ,- =-Y AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 22, 1988 RESOLUTION REQUESTING ACCEPTANCE OF PAST TIMES LANE 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 of Past Times Lane from its intersection with Laban Road (Route 849) to the terminus at the cul-de-sac for a distance of 0.09 miles, to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road have been dedicated by virtue of a certain map known as Junipine Subdivision which map was recorded in Plat Book 10, Page 37, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on December 23, 1986 and that by reason of the recordation of said map no report from a Board of Viewers, nor consent o.r donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 4 s-~ 3. That said road known as Past Times Lane and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as public road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. 5 i ~y/^ ~..~ +.e..l....~ .._._ A AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 22, 1988 RESOLUTION 112288-3.e REQUESTING ACCEPTANCE OF RANCHCREST DRIVE, SNOW OWL DRIVE AND GOLDEN EAGLE LANE 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 of R anchcrest Drive from its intersection with Merriman Road (Route 613) to the intersection of Snow Owl Drive for a distance of 0.11 miles, Snow Owl Drive from its intersection with Golden Eagle Lane to the end of cul-de-sac and intersecting with Merriman Road for a distance of 0.21 miles, and Golden Eagle Lane from cul-de-sac to cul-de-sac and intersecting with Golden Eagle Lane for a distance of 0.14 miles, to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road have been dedicated by virtue of a certain map known as Penn Forest Hills Subdivision which map was recorded in Plat Book 10, Page 63, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on May 21, 1987, and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said road known as Ranchcrest Drive, Snow Owl Drive and Golden Eagle Lane and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as public road to become a part of the State Secondary System 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 Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, 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 2 ITEM NUMBER AT A REGULAR MEETINAT THEHROANOKE oOUNTYEADMINISTRATIONNCENTER COUNTY, VIRGINIA HELD MEETING DATE: NOVEMBER 22, 1988 SUB~_ Acceptance of thenVirginiaDDepartment of lTDansportation Golden Eagle Lane int Secondary System. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Region Properties Inc. the developer oo eeanresol tHonlto requests that the Board of Supervisors app the Virginia Department °est DriVeort21i~o les ofeSnow Owl Drive accept .11 miles of Ranchcr and .14 miles of Golden Eagle Lane. The staff has inspected T anspoatation wand fipdss the troad of the Virginia Department o to be acceptable. FISCAL IMPACT: No County funding is required. RECOMMENDATIONS: The staff recommends that the Board approve a resolution to the Virginia Department of SnownOwlrDrivenandgGoldengEagle Lane accept Ranchcrest Drive-stem. into the Secondary Road Sy SUBMITTED BY: APPROVED: .` ~= ~ -~ ~ ~ ~' ~~ ~~ r` Elmer C. Hodge Phillip Henry, •E• County Administrator Director of Engineering --~-" Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION VOTE No Yes Abs Garrett Johnson McGraw Nickens Robers 2 4cthw~w. _ ww 8 `''~ -~.=.~ ......,~ as .r F i ...' ~~ ~~ ~.¢. ~ ;~ ~~ ~` ~ \a-VICINITY MAP '~, ~~ ~S NORTH i = ~ _ _~~ r ~ ~ ~ pip ~ u~ ~ _ .. ;~ _ . • i~ x • tl + !~ 4 . ~ ` ~,~ ~ ns to arr IO w; ~ ~ a ~ ny . _ yp ~ s ,. ~ ~, ,~ •: la i ~ _ ~i f. ~ ` ~ i' r ~y H = ° tar -'s~~ N ;sw r p r lfM• A.~' ~ . . > • i ~ - ~ 6 ~ t tr ~ sa ~~• faL~ °~. 11 . y.Nr• .GI° rJ1f , .. ~ " , s.r ~ g , . z r x / '~'~ ~. " .. n + 72 .,. 4 ~_ S a ~ ~ _ ] ' yy yy s... ~ sru 1 2! ~.,. ,23 ~ '•;~ I ~ fw ~„a ' , 4 qpJ 4if ~ K +1f - ~ -.. '. • Fu 1 i • 1~ ti^ ~.~ .: /p ~~ ` ° , s, ~~ _ PROPOSED ADDITION SHOWN IN GRAY DESCRIPTION: 1) Ranchcrest Drive from Merriman Road (Rt. 613) to Snow Owl Drive 2) Snow Owl Drive from intersection with Golden Eagle Lane to cul-de-sac. 3) Golden Eagle Lane from cul-de-sac to cul-de-sac. LENGTH: (1).11 Miles (2).21 Miles (3) .14 Miles RIGHT OF WAY: (1) 50 Feet (2) 50 Feet (3) 50 Feet ROADWAY WIDTH: (1) 38 Feet (2) 30 Feet (3) 30 Feet SURFACE WIDTH: (1) 34 Feet (2) 26 Feet (3) 26 Feet SERVICE: (1) 24 Homes (2) 20 Homes (3) 14 Homes IMPROVEMENT NECESSARY: - RECOMMENDATION: Acceptance of Ranchcrest Drive, Snow Owl COMMUNITY SERVICES Drive & Golden Eagle Lane into the AND DEVELOPMENT Virginia Department of Transportation 3 ~~ AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 22, 1988 RESOLUTION REQUESTING ACCEPTANCE OF RANCHCREST DRIVE, SNOW OWL DRIVE AND GOLDEN EAGLE LANE 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 of Ranchcrest Drive from its intersection with Merriman Road (Route 613) to the intersection of Snow Owl Drive for a distance of 0.11 miles, Snow Owl Drive from its intersection with Golden Eagle Lane to the end of cul-de-sac and intersecting with Merriman Road for a distance of 0.21 miles, and Golden Eagle Lane from cul-de-sac to cul-de-sac and intersecting with Golden Eagle Lane for a distance of 0.14 miles, to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road have been dedicated by virtue of a certain map known as Penn Forest Hills Subdivision which map was recorded in Plat Book 10, Page 63, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on May 21, 1987, and that by reason of the recordation of said map no report from a Board of Viewers, nor 4 ~-S consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said road known as Ranchcrest Drive, Snow Owl Drive and Golden Eagle Lane and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as public road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. 5 AT THE REGULAR MEETING OF THE BOARD OFOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 22, 1988 RESOLUTION 112288-3.f REQUESTING ACCEPTANCE OF FORT LEWIS CIRCLE 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 of Fort Lewis Circle from its intersection with Locust Grove Lane (Route 1110) to the terminus at the cul-de-sac for a distance of 0.11 miles, to be accepted and made a part of of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road have been dedicated by virtue of a certain map known as Fort Lewis Village which map was recorded in Plat Book 9, Page 125, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on January 1, 1973 and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said road known as Fort Lewis Circle and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as public road to become a part of the State Secondary System 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 Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, 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 2 ITEM NUMBER r~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: NOVEMBER 22, 1988 SUBJECT: Acceptance of Fort Lewis Circle into the Virginia Department of Transportation Secondary System. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Jeanette W. Carter the developer of Fort Lewis Village, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept 0.11 miles of Fort Lewis Circle. The staff has inspected this road along with representatives of the Virginia Department of Transportation and finds the road to be acceptable. FISCAL IMPACT: A portion of the improvements were funded by the 1985 Road Bond Fund. RECOMMENDATIONS: The staff recommends that the Board approve a resolution to the Virginia Department of Transportation requesting that they accept Fort Lewis Circle into the Secondary Road System. SUBMITTED BY: APPROVED: 7 ~ ~~~~ ;~ ~ ~L Phillip T. Henry, .E. Elmer C. Hodge Director of Engineering County Administrator .~"` Approved Denied Received Referred to Motion by: Garrett Johnson McGraw Nickens Robers ACTION VOTE No Yes Abs 2 ~, t 1 • x ` ~~~ ~ I 4,,r ~~- ~,, ~ -~ ~~. ~~ ~'iy ci~+Ah , a ~' ~ ~+ .. C ,. _ NORTS _ . ~ ~~ 2 ~ (.74 Ac r O 3 t23 4 l~ 6 ~ o ... g 7 A ~ p "' • o .- ~ ~ c+ t~ ~ ~ 2 ~ ~ • ~ ~ • ~: • .n ~~ ~ ~ • M 3S RMMN CIVNr .w 100 ~ 55.10 ~ '~~ ~ 1.04 Ac 3H 5.00 Ac ~ ~ ~ .. 1.45AC an L~.a EMwM/wr ~I ~ 36¢ 37 6 ~ 6Q I.OOAc ~ _ ~ • at. PROPOSED ADDITION SHOWN IN GRAY _ ' DESCRIPTION: 1) Fort Lewis Circle from the intersection of Locust Grove Lane (Rt. 1110) to cul-de-sac. 9 :LENGTH: ~ (1) 0.10 Miles ~a'' ~+, ~ .. RIGHT._ OF WAY: (1) 50 Feet 14 ROADWAY WIDTH:. (1) ~ 30 ~-Feet ;I i ~ N SURFACE WIDTH: (1) 20~ Feet t ~ SERVICE: (1) 18 Homes ~ IMPROVEMENT NECESSARY: ..~.. 13.1 ~-~ ~ -~ ~ RECOMMENDATION: . ~ Acceptance of Fort Lewis Circle into the COMMUNITY SERVICES Virginia Department of Transportation AND DEVELOPMENT Secondary System 3 ~- (v AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 22, 1988 RESOLUTION REQUESTING ACCEPTANCE OF FORT LEWIS CIRCLE 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 of Fort Lewis Circle from its intersection with Locust Grove Lane (Route 1110) to the terminus at the cul-de-sac for a distance of 0.11 miles, to be accepted and made a part of of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road have been dedicated by virtue of a certain map known as Fort Lewis Village which map was recorded in Plat Book 9, Page 125, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on January 1, 1973 and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said road known as Fort Lewis Circle and which is shown on a certain sketch accompanying this Resolution, be, and 4 ~- ~.F the same is hereby established as public road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia department of Transportation. 5 a ~... _ AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 22, 1988 RESOLUTION 112288-3.g REQUESTING ACCEPTANCE OF GREEN RIDGE COURT 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 of Green Ridge Court from its intersection with Wood Haven Road (Route 628) to the terminus at the cul-de-sac for a distance of 0.16 miles, to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a f i f ty ( 50 ) foot right-of -way f or said road have been dedicated by virtue of a certain map known as Green Ridge Village Subdivision which map was recorded in Plat Book 10, Page 110, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on October 29, 1987 and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said road known as Green Ridge Court and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as public road to become a part of the State Secondary System 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 Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, 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 2 ITEM NUMBER_~,~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: NOVEMBER 22, 1988 SUBJECT: Acceptance of Green Ridge Court into the Virginia Department of Transportation Secondary System. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Century Development Corporation the developer of Green Ridge Village, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept 0.16 miles of Green Ridge Court. The staff has inspected this road along with representatives of the Virginia Department of Transportation and finds the road to be acceptable. FISCAL IMPACT: No County funding is required. RECOMMENDATIONS: The staff recommends that the Board approve a resolution to the Virginia Department of Transportation requesting that they accept Green Ridge Court into the Secondary Road System. SUBMITTED BY: APPROVED: ~~~ ,. Phillip Henry, P Elmer C. Hodge Director of Engineering County Administrator ~-~ Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION VOTE Garrett Johnson McGraw Nickens Robers No Yes Abs 2 ~.m~ 'LAS NORTH COMMUNITY SERVICES Acceptance of Green Ridge Court into the 8c pEVELOPMENT Virginia Department of Transportation .1-7 AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 22, 1988 RESOLUTION REQUESTING ACCEPTANCE OF GREEN RIDGE COURT 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 of Green Ridge Court from its intersection with Wood Haven Road (Route 628) to the terminus at the cul-de-sac for a distance of 0.16 miles, to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road have been dedicated by virtue of a certain map known as Green Ridge Village Subdivision which map was recorded in Plat Book 10, Page 110, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on October 29, 1987 and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 4 ~~ 3. That said road known as Green Ridge Court and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as public road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. 5 A-112288-3.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: NOVEMBER 22, 1988 SUBJECT: Acceptance of water and sewer facilities serving Junipine Subdivision COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The developers of Junipine Subdivision, Townside Construction 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 Junipine, dated November 18, 1986, 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 $5720.00 and $13964.00 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: APPROVED: l/~' ~ -~ ~, Phillip T. enry, P. E. Elmer C. Hodge Director of Engineerin County Administrator ------------------------------------------------ ACTION VOTE Approved (x) Motion by: Harry C. Nickens/ No Yes Abs Denied ( ) Bob L. Jo nson Garrett x Received ( ) Johnson x Referred McGraw x To Nickens x Robers x cc: File Phillip Henry Cliff Craig 2 .~ ~Irr ~ ~ P •,~ .~ ..-.. '7J.' / i y.c ~p ~ 1 .~.:.,. , ~..` /• ~ ' ~ ,~t ~ MwY ~ .. ~'. .....__ _ \ y ......._ .. .._ ._._... _. _ ~ .. ..__ ,•/ ._ .. G .t .- ~~<e\\ 1 . , 'hoc " ~ I ~. VICINlT'YMAP" a~~- ~~ ..: ,. ~~n/ NORTS 1' !AA ~~ ~ ~~ r ~ \ 4 ~~ a~ ~ ~~ ~t ` P j . ? ` r / 1~, ~ ;r ` ~ I OOAcIp ~' S~ ~ o.eeAO~c~ - ,, JUNIPINE SUBDIVISION - ~ ,~ , 3 9 ~OOAC ` 6 109Ac ~ \ ' I O '`y ~ IOpAc ~ a t•• ~\\e.,~ l ~ ~ BLQ~OF _ ~~ ~/ ~ 10.6 6 ~ I S4AC ., o ,:`` X11 / / ~,'r ~ 10.7 9 , -./ ~, ~ c 10.8 ~~ / / •~ 9 ... ~ /< 10,4 ~ • ~. ~,, • 10;9 1~~ / ~`1~~ ~' . ' '1M1 •r '~ ~ . ~ '' • 10.3 10; I 0 ~/ ~ '' ~ 10.11. '~~ ~~ . / i I O.2 `~ ~~ ^ ~ J \ i ~ ~~7~\ S ~_,/ /ViO ~l4 s 10 I t~ . 8' p~. i 12 ~ • i ~/ 3 2 e, / 7 ~ \ i ~~ O ~4 14 // ~ \ ~~ ~ / '~ `~ ~ t ~ \ ••• IQ ~ iti ~ 6 9'~~ ~ ~ ~ ~ 13 Acceptance of Water and Sewer facilities COMMUNITY SERVICES Junipine Subdivision AND DEVELOPMENT 3 ~ ~ A-112288-3.i ITEM NUMBER ---f AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: NOVEMBER 22, 1988 SUBJECT: Acceptance of water and sewer facilities serving Penn Forest Hills COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The developers of Penn Forest Hills, Region Properties, Inc. 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 Penn Forest Hills, dated April 27, 1987, 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 $44678.00 and $70347.00 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: ~'~4~~f' Phillip T. Henry, P. . Director of Engineering APPROVED: ~~ Elmer C. Hodge County Administrator ..L ------------------ ACTION VOTE Approved (X) Motion by: Harry C. Nickens/ Denied ( ) Bob L. Jo nson No Yes Abs Received ( ) Garrett x Referred Johnson x To McGraw x Nickens x Robers x cc: File Phillip Henry Cliff Craig 2 _.__ j .._.. .~ rv' =' AT A REGULAR MEETING OF THE COUNTY, VIRGINIA HEL ' BOARD OF SUPERVISORS OF . .. , CENTER D A P THE .ROANOKE COUNTY ADMINI ON TUESDAY, NOVEMBER 2 STRATION 2, 1988 RESOLUTION VALLEY CH 112288-3 AMBER SUPPORTING THE ROANOKE OF DEPARTMENT OF ECONOMI AS COMMERCE APPLICATION C DEVELOPME TO THE SISTANCE CENTER NT FOR A SMALL BUSINESS WHEREAS, the Roanoke Valley Chamber of Commerce will submit a 1988 application for Department of Economic Development Fun and, ds; WHEREAS, the Department of Economic Development has allo- cated $200,000 for the establishment of Small Business Assistanc Centers from which the Roanoke Valle e y Chamber of Commerce will request $75,000; and, WHEREAS, the Roanoke Valley Chamber of Commerce will use the requested funds to assist in the development of small businesses in the Roanoke Metropolitan Statistical Area; and, WHEREAS, small business start-ups and expansions generated over 61 percent of all new jobs from 1976 to 1984; and, WHEREAS, small firms are im portant to the develoment and introduction of new goods and services to the public. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Vir inia g said Board supports the Roanoke Valley Chamber of Commerce a pplication to the Department of Economic Development for funding of a Small Business Assis Center in its efforts to assist in Lance the development of small businesses. On motion of Supervisor Nickens, seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Tim Gubala, Director, Economic Development Roanoke Valley Chamber of Commerce Virginia Department of Economic Development ~~ 2 ACTION # A-112288-4 ITEM NUMBER ...L. 1 /~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: November 22, 1988 Appropriation of Department of Justice Funds for the Roanoke County Sheriff's Department COUNTY ADMINISTRATOR'S COMMENTS: ~' ~~-to-~-~ ~ ~ ~ti_~~,j' SUMMARY OF INFORMATION: Roanoke County receives monies from the Department of Justice generated from the sale of goods confiscated from drug arrests in Roanoke County. At this time, we have collected a total of $61,147.81. Before these funds can be spent, they must be appropriated by the Board of Supervisors. The receipt and expenditure of these funds will be recorded in a separate fund for ease of monitoring. The funds can only be used for law enforcement activities relating to illegal drugs. In addition, the Board is requested to appropriate $6,200 in donated funds to the Sheriff's operating budget. STAFF RECOMMENDATION: Staff recommends the appropriation of funds from the Department of Justice in the amount of $61,147.81 to be spent for drug enforcement activities only and $6,200 to the Sheriff's operating budget. Respectfully submitted, Approved by, .~ , _ ,. >° , } f7 i ~: ~ ~ ~. Reta R. Busher ~+~u- Elmer C. H dge Director of Management and Budget County Administrator Approved Denied Received Referred To cc: File ACTION VOTE Motion by: (1) Johnson/Robers to separateNo Yeso~ib~2) two requests - URC 2 Jo nson Garrett x Ro ers to approve appropriation o~ohnson x ~ ~ or rug enforcement McGraw x wit stipu anon that Finance Dep~j.ickens x & County Atty establish mechanismRobers x for tracking of funds and intent of allocation Reta Busher Sheriff Kavanaugh Diane Hyatt Paul Mahoney ACTION # AT A REGULAR MEETING OF THE BOARD COUNTY, VIRGINIA HELD AT THE ROANOKE ITEM NUMBER ,.1 ~/~( OF SUPERVISORS OF ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 22, 1988 AGENDA ITEM: Resolution supporting the Roanoke Valley Chamber of Commerce Grant Application to the Department of Economic Development for a Small Business Assistance Center. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND The Virginia Department of Economic Development is accepting proposals for the development of local Small Business Assistance Centers. The intent of this program is to provide: • in-depth counseling services to businesses with five to one hundred employees, as well as, • educational opportunities and specific linkages to existing services and resources for employers with fewer than five employees and start-up companies. The Roanoke Valley Chamber of Commerce recently established a Small Business Assistance Department. While the Chamber intends to staff this department if the grant request is denied, the Chamber would be in a position to broaden their services if the grant request is approved. The Chamber is requesting $75,000. ALTERNATIVES AND IMPACTS The Chamber's proposal has wide support from other jurisdictions, agencies and organizations. The Virginia Department of Economic Development plans to fund two centers during this year and establish a total of eight centers overall. The Small Business Assistance Center could greatly enhance our retention program, as well as assist in the creation of jobs. STAFF RECOMMENDATION Staff recommends that the Board of Supervisors adopt the resolu- tion supporting the Chamber's application. ~~ SUBMITTED BY: '~ -_ ' ~'~TL~'U~ ~•'~~1/ Timot y W. Gu ala, Director Economic Development ACTION Approved ( ) Motion by: Denied ( ) Received ( ) Referred To APPROVED BY: ~', ~` ~ Elmer C. Hodge County Administrator Garrett Johnson McGraw Nickens Robers VOTE No Yes Abs ...~~ 1 Q AT A REGULAR MEETING OF 'rHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 22, 1988 RESOLUTION ~ Supporting the Roanoke Valley Chamber of Commerce application to the Department of Economic Development for a Small Business Assistance Center. WHEREAS, the Roanoke Valley Chamber of Commerce will submit a 1988 application for Department of Economic Development Funds; and, WHEREAS, the Department of Economic Development has allo- cated $200,000 for the establishment of Small Business Assistance Centers from which the Roanoke Valley Chamber of Commerce will request $75,000; and, WHEREAS, the Roanoke Valley Chamber of Commerce will use the requested funds to assist in the development of small businesses in the Roanoke Metropolitan Statistical Area; and, WHEREAS, small business start-ups and expansions generated over 61 percent of all new jobs from 1976 to 1984; and, WHEREAS, small firms are important to the develoment and introduction of new goods and services to the public. NOW, 'T'HEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, said Board supports the Roanoke Valley Chamber of Commerce application to the Department of Economic Development for funding of a Small Business Assistance Center in its efforts to assist in the development of small businesses. AMENDED 12/2/88 TO ADD THIRD VOTE AC'I'LON # A-112288-4 I'T'EM NUMBER _.L - ~ A`I' A RL:GULAR MEE'T'ING OI'' 'PIIL; BOARD OE SUPERVISOi~S OF ROANOKE COUN'T'Y, VIRGINIA HF,LD A'I' TIIE ROANOKE COUN'T'Y ADMINISI'RA'PION CEN'PER MEE'T'ING DATE: November 22, 1988 AGENDA I'1'EM: Appropriation of Department of Justice Funds for the Roanoke County Sheriff's Department COUNTY ADMINISTRATOR'S COMMENTS: ~/ J~C.o-ti,~.T ~.. any ~ c ~ -v,~~' ~ ~ I cc SUMMARY OF INFORMATION: Roanoke County receives monies from the Department of Justice generated from the sale of goods confiscated from drug arrests in Roanoke County. At this time, we have collected a total of $61,147.81. Before these funds can be spent, they must be appropriated by the Board of Supervisors. The receipt and expenditure of these funds will be recorded in a separate fund for ease of monitoring. The funds can only be used for law enforcement activities relating to illegal drugs. In addition, the Board is requested to appropriate $6,200 in donated funds to the Sheriff's operating budget. STAFF RECOMMENDATION: Staff recommends the appropriation of funds from the Department of Justice in the amount of $61,147.81 to be spent for drug enforcement activities only and $6,200 to the Sheriff's operating budget. Respectfully submitted, Approved by, ,~~ _ n ' ./Ii t<S~,~CL ~ ~l.t~'U~.~ Reta R. Busher '~-~ Elmer C. H dge Director of Management and Budget County Administrator ------------------------------------------------------------------ ACTION VOTE Approved ( ) Motion by: (1) Johnson/Robers to separateNo Yeso~b~2) Denied ( ) two requests - URC Jo nson Garrett x Received ( ) Ro ers to approve appropriation o,~ohnson x Referred $~--~-~ or rug en orcement McGraw _X 'I'o wiTt~tipu anon tit Finance Dep[flickens _x ____ _ ___ & County Atty esta5lish mechanismRobers x_ __ for tracking of funds and intent of allocation File (3) Johnson/McGraw to continue to 12/13/88 for Reta Busher appropriation of $6,200 so Sheriff can advise board how money will be spent. Unanimous Roll Call Vote. Sheriff Kavanaugh Diane Myatt Paul Mahoney Fred Anderson, Treasurer A P P E A R A N C E R E Q U E S T - - - - - - - - - - - - - - - - PUBLIC HEARING ON , / T/ ~~i1%`~ ~, C~~ !~~~~~~'~jti-S I would like the Chairman of the Board of Supervisors to '~w ~~ ~~r recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y ,,~i~'E~"iri=~5~~ 'Tf=U , ~Y' ~tli~l~f~~~C' NAME : ~~/~~/,~ ~"~k~ ADDRESS : ~D ~~~ f~~~7L~/C`~ //~/~ S~?, ~SfFG~i~-~ l/~ ~~ y /S~- ~ /~,{ ~~~ ~~ PHONE: ~ I'S%/c/~TGr~/T~7~%~~'S %1'~.~ PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) 3043 Franklin Street Salem, v~ 24.153 iVOVember 21, 1988 ~toanoke County Board of Supervisors P . L . Box ~_ 9800 noanoke, six 24018-0798 Gentlemen; nttached please find a copy of my application to the ~toanoke County Utility Lepartment, dated ovember 1, 1988, for water service to my home at the above address. On November 14, 1 submitted a letter to i~~r. Clif- ford Craig providing additional information pertinent to my application, including the following paragraphs: "I~~y rural farmhouse received water by way of a gravity-fed spring system from the time I moved there in the early 1940~s until this year. "In July 1888, the system became clogged. after the clog was cleared and the spring treated with Clorox, I had the water tested by the state of i~irginia for bacteria. The test showed the water to be contaminated., and in the meantime, I developed a stomach ailment. Tiy physician treated me and ad- vised me to try to find a clean alternative water source. (Test results attached.) "1 have been living with my daughter in Salem since august a,nd will remain with her until l can get this problem resolved. Phis situation has created a hardship for me , ~~ T~~r• Craig told my daughter during a telephone conversation on November 18 that he could authorize my connecting to ;.~a.lem's water service on Bent Ridge Lane (see attached map), the road serving Franklin _ ROANOKE COUNTY UTILITY DEPARTMENT APPLICATION FOR WATER/SEWER TO PROPOSED DEVELOPMENT Date ~~-?%-N.~~1~ ~ i 1f~ Name of Applicant-~1~r'F ~, ~tl,~ ~ // Address of Applicant ~ ~-, ~~ e -'~--- Phone ~3~`I ~ ~~ ~i ~~~ ~r z. ~ ~/~ i~ ,~ s-- Name of Developer - ~/ Address of Developer ----- Phone Name of Design Engineer~_/ Address of Desi n Phone 9 Engineer Name of Contact Person _____~ /% ~ Name of Proposed Development ~~ ~ -S ~/ Type o€ Det-°lo~mzn ~ and N L proposed number of units (Be specific) / / ~~ Location of Yesi ~~~ (Furnish copy of map); Size of proposed development in acres; Give minimum ~ ~ r ~~ / ~cres the individualnwater/SeWerlevation (Use USGS Elevations) Minimum feet MSL.Service connections would at which Maximum be located: Is this application for a development that wi feet MSL section of a larger future development? If yes, provide ma be a Part or P of entire area if NO _.__, Yes Send completed a available. pplication to: Utility Department 1206 Kessler Mill Road Salem, Va 24153 Phone: 387-6104 ~ ~ " ,(.~~ ~. Signature of 'A ~ pplicant ~ ~ .. ~F~~ ~~~~u~T Q V2 •~ ~~~ ,,9 a~- Q ~~~ •~ -:9 ,~ ~- d',~ `~~ /live ~'' `~ 0 Y A ~~ ~ /Y/7 gyp/~ `,a,0 Y ~~'~ I\~ ~ ~~~~~ > ~-~' ,, ~ ~ ~ ~ 4,; ~' ~. :~ iii a~ `~.~.. -- ~ ~f Ca -~~~ L~,J NON-PUBLIC SUPPLY ~~ . G 2 -~ - :~ I ~_ + '~ NAME OF REPOR' ~ CITY OR Q DATE COLIECTE '16 TUNE~~' ~ COUNTY lt-ile ~(~ C ADDRESS OF SUPPLY -S~ Q~ (/ /¢ kZ ~ ~fJU SUPPLYOWNEDBY ~Qr~~ ~' /-/i /G~e~/ O ~~ SAMPLE COLLECTED BY (~ f ~i1 ~ SAMPLE WAS TAKEN FROM / C- 2 r ~ .~ (WELL: PPR ED TAP, ETC.) 1~ IS SUPPLY CHLORINATED? YES ~ NO N WAS CHLORINE TEST MADE AT SAMPLING POINT Q~ YES ~ NO J RES. Cl_ PPM. ~ -REPORT //RE//SULTS TO - m ~ ~ ~ ~ o vl /7 N TT ~ i f ~ o See reverse side for collection information Dcs-n-osa lo-es) COMMONWEALTH OF VIRGINIA 7 ) ~ ~ DIVISION OAC NSOL DATGEDrLABORARORYESERVICES ON BACTERIOLOGICAL EXAMINATION OF WATER DO NOT WRITE IN SPACE BELOW. Portion Bact, of Portion Bact. of Of Sample Coliform Of Sample Coliform SAMPLE NO. Tested Group Tested Group .000ImI. tOml. ~ ~~C~J~J~ r ~~ .001 ml. 10 ml. v . c ~= .E oa .O1 ml. RECENED `c /° 10 ml. ~-~~~~ o ~ U •3 ~, .~y`,<,. `0 ££0 .1 mL ~ 10 ml. ~ ~~~ t~ ~ ~ ~ ~ x O ,, »o 1 ml. ~' C MPLE7ED ~ j 10 ml. ~~~`] J ~ ~~ Membrane Filter /I{, Colifor per 100 ml. ~ + Opposite Portion Tested Means Bacteria Indicating Contomi- nation WERE Present. - Means Bacterio Indicating Contamination WERE NOT P nf. ny K-I COUNTY OF ROANOKE, VIRGINIA CAPITAL FUND - UNAPPROPRIATED BALANCE Beginning Balance at July 1, 1988 $ 1,637 Additional Amount from 1988-89 Budget 50,000 Balance as of November 22, 1988 Submitted by ~ ~. Diane D. Hyatt Director of Finance 51 637 i<- a COUNTY OF ROANOKE, VIRGINIA UNAPPROPRIATED BALANCE - GOAL F[JND Unaudited Amount at July 1, 1988 $1,380,346 August 9, 1988 Dixie Caverns Landfill Cleanup (400,000) September 13, 1988 Transfer to Board Contingency (50,000) September 26, 1988 Design Phase of Spring Hollow (175,000) Reservoir October 2 5, 1988 Funding for Public Information (46,500) Officer November 9, 1988 Dixie Caverns Landfill Cleanup (260,000) Balance as of November 22, 1988 $ 448,846 The recor~nnended level for fund balance for 1988-89 is $1,748,124, which is 3 percent of the total General Fund budget. Submitted by ~~~~,~~ Diane D. Hyatt Director of Finance I~-3 COUNTY OF ROANOKE, VIRGINIA RESERVE FOR BOARD CONTINGENCY Original Budget at July 1, 1988 $50,000 June 28, 1988 Funding of Length of Service Benefit for Volunteer Fire, Rescue, and i ' 000) (9 es s Deput Auxiliary Sheriff , July 26, 1988 Tweed's Access Road (39,405) September 13, 1988 Add to Board Contingency from 50 000 Unappropriated Balance September 26, 1988 Beautification of Brambleton Avenue (3,500) September 28, 1988 Economic Development Trip to Northern Virginia (Approved Administratively) (1,000) October 6, 1988 Typewriter for Clerk of Courts (966) (Approved Administratively) October 6, 1988 Economic Development Promotion (1 025) (Approved Administratively) , October 11, 1988 Safekeeping of Securities (2,000) October 20, 1988 Informational Brochure for November Election (Approved Administratively) (6,500) October 25, 1988 Additional Allocation to Total Action (10 000) Against Poverty (TAP) , November 3, 1988 Survey Fees - Safety Center and Forensics Lab Site (Approved 473) (2 Administratively) , November 9, 1988 Bushdale Road (1,000) Balance as of November 22, 1988 23 131 Submitted by :~~ ~. ~~` Diane D. Hyatt Director of Finance H '> d d M r m m m d m W V R Ca^ n 0 v m a O ~"~ m w o s .~. m c~o o s o am m s a~ .°.~ .°W, p Qo~ a o y ~ ~ ? m ~ ~+r"i m ~ ~ i " o .oa r' z~ m ~n o •--~ a ~ (~ [[~a Z ~• H~ i-+ S x x ~ Z_Z '+l m Z 70 av ~ W ti Z < 0'1 fA N ~ O 2 ' Pm0 O 2 f/mi ~ N tmA ~C O c7 A 2 Y 47 O H O [!~ 9~ G ~ C O A O [R+~/1 y~ n W Tt O~ 9 r ~ m 0~0 m t+H] 2 2 y ~ X S ~ p ~ !y~] '.l ([+~1 N [a" Vr'i .r'-. ~.'~j p C' 2 lTgl i ~ Z~ H H m 'p ~ Vf H O A y y n ~ 2 m to ao a m ~" x O m [n .i m ~n ~n '-e m "-~ a y .nm.. ran x czn "~ ~' a v+ .aH-, ~ M ~' vzi a r ~ m~ m m .-~ ~o w m~oc ~ias vmi .y-i eQin_cc~i~i ~' aim y~~ m .~ m ~+ w z r.,, ~n ~p m a. iii M G Z !n m z c K m .r.. ~ w c x o, z s m v y a s to z v' ~? !A Z, Vl C m n m m v m ,o ~' r .o m ~ O 2 n cm,J 0 m °v v 0 n c H 2 I<-4 m ' e '~ ~ ~ ~I T i A O~ '~ In ~ ~ m d O N V O W In W N~ N P N N `+ ~ N N~ ~-+ C A r CC 1 Q 1./1 O W N m b (n P {/~ rU-~ O A b A ~ G) CO°J , o° V~ A o m pp m to W N a ... V~ pC~ op. m ~ P m b O W V O P N Y P N W 0 0 b O 0 A~~ O .VY N N A, H ~ g w V q p. W m b N W C C O P O Q O W O 0 0 ' O l/~ O lA `+ O m U N I , i O~ t.. i ' O _ W ~"' O A N P i N ~ '. O N A r V V r b~ P b V V ~ ~' W W P V~ N Y tma P w n ~ m Aa m V to O~ O V V b V O~ ~p N O O H m ,~ mV j O W ' u T P~i~ a N~ b N y P A to V N O V lA pp .-. N~ W O ~ 2 000 Pa'^ ~ ~ O I m ~ O~ V V p ~" V b b~ m m T V V~ V m 00 ("~ ~ On o b; N 0 ~ ~ N O~ O N b O~ I > I a ~ '~ i ~ ii ~ I ~ A ~ .. ~ N i _ ' ~ i, A d a A ~... ~ µ~} ii A A .11i r ~- W U A m Af ~ [J P T V fbJ A a Obp P] '. b W A lI~ P cn m to N O O 2~ H to . O O i~ , O N A N N b ~O N m N 4i N b T~ N P~ A~ A w~ P , N~ b W lh b m g V m q b P m N b ' I - ! i ~~ I I i~ ~ i ~ i i I Ii ~yi ~~ i I O I m ~ O a m A to m W ~+ iN.a ~ a U K t.i V x N ~ W W ~ I I q~ o m A A A A i I, i I ', U i i q I ~ it m ~ I V r ~1 r.JrrJ....~~~i F+ W lN~I ' _ N ~i b ~ O ~ b 1 ~ O~ U r FV+ V OV P W b is ':I~ P ~-+ i ~+ ~+ ~~ O b /n O m 1 C i ~ I ~ ~Q o oII a o N ... N an m v, o o g V o o Cc~y ~~ O~ O I~ j~ m~~ m A O W Ci U to O N C~ O O N O O A N O O y 1 ~ O O °~ O b t.Ui tmi. O W w b p O m `sf o o N o o .o b 00 Cb •p ~ ~ ~ CJ O N O O O O O N w ,1 W I ~ i ~ ~ ~ '' ' I ' A H m ~ W ~ m ~ N A 0 ~O ~~ O a ~ p0 ~ O O N v OQ V A W l.n tPn A+ i V U O b P T ~LJ A (.Wi b z~ H ~O ~i V O O~ ~O ll~ m N m F+ w N A i O~ ~, P W W A m h+ m . .~ Q b O~ N „'} C ' o• A t~ bp w m ... o v. m~l w b mo imi b~ W~ Op ~-i a ~~ ~ 0 0 '. A, O O O p r m V N N m V P O r b P m b W r V r U y~ C^ ~ b ~ ~ O O O .P O A fiNJ ~ N tNn m b to O A P w P r N w W A W P 1 ~--' N to N ~ ~ m ~ I ~ ~ ~ m : Y O N ?~' i v°. c ~ ° .b- a w° aAi. a v rn ums A° .o m ~ .A.. o ~ v goo qq~ ~ o w p e.i ~ ~~pp. ((~~ W V m 0 0p ~ Z d [NN" ~ O ~~ b 1 O O .p i O m 0 0 tPi~ m T V O P m V V tA.~ lVn m m P N N V A~ 0 0 i lI=i t'f ~ V ' O b ~ O n ~n w V U N b A .-, ! C~ 9a0 ~ In ~ b~ A m T N N P A 000 ~... '... V p~ N N V O W O ~ b rn v ~ p ~~ W O o W ~~ J U~ lbn N O~ A` O~ N W rJ b A m A w V ~~ 2 ~ O A \ O~ v v V~ 0 [.Oi V W (~ N m P W _N W OAO P O O ~ m i A Z C t+1 O M H la" O G] Z y X i 1+1 'f K-~ COUNTY OF ROANOKE STATEMENT OF EXPENDITURES FOUR MONTHS ENDED OCTOBER 3I, 1988 BUDGET EXPENDED z GENERAL ADMINISTRATION ------------ ------------ BOARD OF SUPERVISORS S 177,270 3 64 931 37 COUNTY ADMINISTRATOR _ _ - ---- __ ._ ___..140, 461.. , ___ 42; 255- _ , __- -30----- ----- - - - PERSONNEL 203,815 63,200 31 COUNTY ATTORNEY 173,554 64,247 37 COMMISSIONER OF REVENUE -- - 486,713 133,755 ~------- -- ___..__ __ . TREASURER 461,441 108,497 24 _ ELECTIONS __. _ 166,612 49,513 30 SESaUICENTENAIAL_ ----_ __. 5b;542 _ - _ 34,766 - ._ -_ _ _--b1-- - ---_ FISCAL MANAGEMENT _~ - SUPERINTENDEN4`OP FISCAL-tfANAGEMEMT-- ------- -58,204 _ _-___ 18,525---- -----fig--~----_ - --- _.. ~ COUNTY ASSESSOR 609,855 165,903 27 .__- __ CENTRAL ACCOUNTING -- -- - 356,139 107,088 30 r.z ~ - PROCUREMENT------ 207; 881 _ --- --~60; b73- --- -- - _ !:; MANAGEMENT & BUDGET 88,953 28,916 33 !._s~ RISK MANAGEMENT 1,108,380 640,395 5g ze JUDICIAL ADMINISTRATION f -' CIRCUIT COURT. - - - - - 99,639 b,301 6 ~E,i GENERAL DTSTR ,~40 - --- -----~; ISQ -_ _ ~y ~ MAGISTRATES 730 140 19 ;~, -__ J ~ D DISTRICT COURT - - 8,621 1,939 22 - CL£RK -OF -CiRCUi~-COUR1`--- ---- ----- --487;-268.. __ - -145-, b79----- - COMMONWEALTH'S ATTORNEY 288,589 95,071 33 - PROBATION OFFICE _ - 39,175 4,123 11 "' VICTIM NITNESS- - - ---- ------- - ....- _- _ -- - - - . .-.._ -- 3; 330 _ - 1; I59 -----35-- ~' PUBLIC SAFETY - -.POLICING &-iNVESTIGATiMG_ -- -- ----- --3,959:316...__. ..1:237,100 -__ _ ---31 HIGHWAY SAFETY COMMISSION 960 110 11 . FIRE - RESCUE SQUAD -- - - - - 1,895,147 _- _- 512,104 27 EMERGENCY SERVICES & HAZ MAT RESPONSE _ 484,421 47,192 - 107,756. -- 12,768 - _ -ZZ----- ----- --.__ _ 27 CONFINEMENT/CARE OF PRISONERS 1,882,680 665,615 35 ANIMAL CONTROL -- - 145, 638 46,120 - _ _ 32 -- -- -- - __ __ PUBLIC FACILITIES SUPERINTENDENT OF PUBLIC FACILITIES STREET LIGHTS ENGINEERING GENERAL SERVICES DRAINAGE BUILDINGS 6 GROUNDS PARKS fi RECREATION REFUSE PUBLIC TRANSPORTATION GRui;ND MAINTENANCE 104,206 96,116 509,810 190,312 0 772,960 940,189 1,663,312 60,000 857,679 32,159 24,389 199,979 57,850 376 209,840 293,029 683,148 17,178 238,496 25 39 30 0 27 31 41 29 28 - . j ' ~ 1 COUNTY OF ROANOKE STATEMENT OF EXPENDITURES .. FOUR MONTHS ENDED OCTOBER 31; I9B8 HEALTH & SOCIAL SERVICES PUBLIC HEALTH 397,370 191,379 48 SOCIAL SERVICES ADMOMOSTRATOPM 1,791,157 614,069 34 PUBLIC ASSISTANCE 802,285 222,320 28 -_ _ INSTITUTIONAL CARE 36,000 _ _.......6;571... - ---- 1B -- _ _ -- - SOCIAL SERVICE ORGANIZATIONS 94,984 12,500 13 DEVELOPMENT __- --- _----_ - - SUPERINTENDENT OF DEVELOPMENT 0 184 0 PLANNING 6 ZONING 262,271 90,131 32 ___ :!h __ _...ECONOMIC DEVELOPMENT _ _226;208__ _- 216;OSI --__ _ _._51__ -.__-- ,, DEVELOPMENT REVIEW 109,428 37,631 34 ,,,, PLANNING CONMISSION 17,933 5,755 32 - CONSTRUCTION BUILflING SERVICES _ 207;705 _ b7,529 - - --33. - ---- ---_.___ ~~ ~~ . j21 NON-DEPARTMENTAL s -- - _ - ~ - ~~: -------ASST: CO--ADM. HUMAN SERVICES- ----_._-._.-99~,~286 _ . ---32;782---- ----33-- -- - '~_' LIBRARY 1,132,939 355,096 31 •-~ EXTENSION & CONTINUING EDUCATION 96,326 4,426 5 - _ _ -EiiPLOYEE BENEFITS - - ---- ----- - -74i; 392 _ 54, 922... _ _ _ _ -- 7 - _ _ -_------- ~~, CONTRIBUTIONS TO SERVICE ORGANIZATIONS 20,000 17,439 87 MISCELLANEOUS 795,343 49,461 6 j,- ~z~,! TOTAL ------------ 25,702,477 ------------ --- 8,056,279 --------- 31 - ,~o~~ ~;,~ _ - !_,;~ TRANSFERS AND RESERVES ~~' REIMBURSABLE EXPENDITURES 0 1757) 0 _ _ _ -TRANSFER TO DEBT SERVICE--- __ 4;676,542___-. __-- __ 0 .____ _______0-__-___-- ;, TRANSFER TO INTERNAL SERVICE 270,631 0 0 ',,, TRANSFER TO SCHOOL OPERATING FUND 26,666,000 0 0 TRANSFER TO UTILITY CAPITAL - _.40.000 -__ 0 _ _ 0__ _._ _ -__-_ ,_-.---_ -_-- TRANSFER TO CAPITAL PROJECTS 1,546,214 0 0 TRANSGER TO YOUTH HAVEN 75,768 0 0 TRANSFER TO GRANT FUND. 0 0 _ _ ~ - -_ - -- . ',~ UNAPPROPRIATED BALANCE (625,000) 0 0 RESERVE FOR BOARD CONTINGENCY 36,604 0 0 TOTAL TRANSFER ITEMS 32,686,759 f757) 0 GRAND TOTAL 3 58,389,236 S ------------ ------------ 8,055,522 ------------ --- ------------ ---- 14 --------- -------- ITEM NUMBER ~_,~._. 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: November 22, 1988 SUBJECT: Accounts Paid - October 1988 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors: Payroll: 10/14/88 $368,903.11 10/28/88 382,584.46 $2,484,453.92 751,487.57 $3,235,941.49 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. SUBMITTED BY: Diane D. Hyatt 4 Director of Finance APPROVED: ~~ ~ 6~ Elmer C. Hodge County Administrator -------------------------------------------- ACTION VOTE ni,-. v.~c ZThc Approved ( ) Denied ( ) Received ( ) Referred To Motion by: Garrett Johnson McGraw Nickens Robers ACTION NUMBER # ITEM NUMBER ~~ AT A REGULAR MEETING OF THE BOARD OE SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 22, 1988 AGENDA ITEM: Work Session on Employee Handbook. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Department of Human Resources has worked on revising the County Employee Handbook during the past twelve months. A draft of the Employee Handbook was distributed to constitutional officers, assistant county administrators, department heads, and the Employee Advisory Committee for comments. A revised draft incorporating many of these comments was reviewed with the County Administrator and a committee for the purpose of making final draft recommendations. This final draft was forwarded to the Board of Supervisors on November 9, 1988. SUMMARY OF INFORMATION: Attached is a copy of the final draft of the Employee Handbook which is highlighted to indicate the substantial changes. A summary describing these substantial changes is included, and indicates that changes resulted from compliance with new state or federal laws or recommended policy changes. Included in the attachment are substantial changes which were submitted but are not recommended for inclusion in the handbook, and items which require further study. The attached draft is also updated and marked with additional minor changes and includes a revised Maternity and Paternity Leavy policy. L -~ STAFF RECOMMENDATION: Staff recommends adoption of the Employee Handbook at the December 13, 1988, Board of Supervisors meeting. In order to print and distribute copies to all county employees, staff recommends an effective date of January 1, 1989. The Department of Human Resources will conduct training sessions on the new handbook during the months of January and February. SUBMITTED BY: APPROVED BY: '` D. K. Coo Elmer C. Hodge Director of Human Resources County Administrator Approved Denied Received Referred To ACTION Motion by: VOTE No Yes Abs Garrett Johnson McGraw Nickens Robers L -/ ROANOKE COUNTY EMPLOYEE HANDBOOK Summary of Changes Purpose and Scope of Handbook (p, 1) - States that handbook is not an employment contract. Handbook coverage extends to employees in constitutional offices, including the Chief Deputy but not the Constitutional Officer. Chapter I Government (p. 3) - Powers of county government are established by the Code of Virginia and the Charter for the County of Roanoke. This section added as a result of recently adopted county charter and for informational purposes for county employees. Equal Employment Opportunity (p. 3) - Employees are protected against sexual harassment. Entire policy on sexual harassment now stated in Chapter IV; previously this policy enforced administratively. Chapter II Age Limitations (p, 6) - No maximum age for county employment. Age seventy was previously the maximum age. However, federal law has been changed to remove the age limitation. Work Authorization (p, 6) - All new employees are required to provide documents establishing identity and authorization to work. This is a requirement of the Immigration Reform and Control Act of November 6, 1986. Part-time and Temporary Positions - May be employed up to a maximum of 1500 hours in each 365 consecutive day period. (This 365 day period begins on July 1, 1989). This provision parallels state policy on part-time and temporary positions. Work Routine (p, 9) - Permits brief break periods. Chapter III Performance Evaluations (p. 11) - Employees who receive two or more unsatisfactory performance evaluations are subject to disciplinary action. Promotions (p. 12) - Promoted employees receive at least a 5% increase in pay. ~- -~ / Demotions (p. 12) - The salary of a demoted employee may be set at any point within the range established for the new grade. This is based on recommendation by the department head, constitutional officer, or other official, and approval by the Director of Human Resources. Layoff (p. 14) - Employees are recalled performance history. Chapter IV from layoff based on seniority and job Conduct Chapter completely rewritten to include disciplinary action of oral and written reprimands, suspensions and dismissals in lieu of group I, II and III offenses, and the additions listed below. Procedural Guarantees (p. 21) - Provides for certain protections for Firefighters and Emergency Medical Technicians when subjected to an interrogation which could lead to dismissal, demotion, or suspension for punitive reasons. This is requirement of state law. Investigations (p. 21) - County may conduct investigations or tests, including drug and alcohol testing, as deemed necessary in its investigation of unacceptable conduct. Employee's Right to Notice (p. 21) - Employee being dismissed from county service will be informed of such dismissal in a meeting with the dismissing supervisor. Supervisors are encouraged to contact the Department of Human Resources prior to such action. Sexual Harassment (p. 21) - Sexual harassment policy now included in handbook. Previously this policy was enforced administratively. Chapter V Grievance Procedure changes in the handbook are required by state law, the substantial changes are as follows: Definition of Grievance (p. 24) - Dismissals are grievable whenever resulting from formal discipline or unsatisfactory job performance. Acts of reprisal are grievable when they result from participation in the grievance of another county employee. The measurement and assessment of work activity through performance evaluations, except where the employee can show that the performance evaluation was arbitrary or capricious, is a non-grievable complaint. ~-. -~ / Layoff because of lack of work, reduction in work force, or job abolition is non-grievable except where such action affects an employee who has been reinstated within the previous six months as the result of the final determination of a grievance. In a grievance brought under this exception, the action will be upheld by showing a valid business reason for the action and that the employee was notified of such action. Employee Rights and Representation (p. 25) - Grievant is only permitted to be accompanied or represented by an individual of his or her choice at Step III and Step IV (panel hearing). Procedure (p. 27) - The time from the occurrence of the event to the informal discussion shall not exceed thirty calendar days (previously ten work days). The Step I written response is made to the grievant within three work days following the first step meeting (previously five work days from receipt of the grievance). The grievance hearing panel shall not be composed of any persons having direct involvement with the grievance being heard or with the problem giving rise to the grievance. Either party may petition the circuit court for an order requiring implementation of the hearing panel decision. Chapter VI Travel Reimbursement (p. 32) - Reference County Travel Policy in Department of Finance in lieu of detailing full policy. Chapter VII Exempt Overtime Compensation (p. 37) - Accumulated compensatory time may not exceed 100 hours at the beginning of the fiscal year. Employees with compensatory time balances in excess of 100 hours upon approval of this handbook, may not earn additional compensatory time and must use time in excess of 100 hours prior to July 1, 1990. Flexible Merit and Meritorious Increase Programs (p. 38) - Employees on grade 25 or above are eligible for the Flexible Merit Program recently approved by the Board of Supervisors. Those not eligible for the Flexible Merit Program are eligible for the Meritorious Increase Program, also approved by the Board of Supervisors, in which documented outstanding performers may receive an additional percentage increase on their anniversary date. Chap____t?r IR Sick Leave (p• 47) - to ee's or Sick leave may be used to cover the death of the emp y spouse's children, brother, sister, parents, grandparents or other relative living in the employee's household. In the event of sick leave, employees must notify the 1r~aousl one supervisor not later than the beginning of the shift (p Y~ hour advance notification). In some operating departments, a longer notification may be required. Military Leave (p. 48) - A regular employee lr federaldfiscalpyearleaserequabeednby state law. fifteen work days pe Absences for Maternity and Paternity (p. 49) Absences may be charged to earned sick leave for any medically disabling condition related to pregnancy and certified by physician. Absences may also be charged to earned sick leave for maternity and paternity following fhr burtoses ofochild care orlduring theebondingt to exceed six weeks o p P period. Civil Leave (p. 50) - State law requires paid leaveeaTrinucourttyexceptotheedefendant summoned or subpoenaed to aPP ur dut rovided with pay). in a court case. (Previously only j y y P Holiday Schedule (p. 51) - The Board of Supervisors reserves the ragdtholidaysdshallhnotdexceed schedule and total number of employee-p eighty-eight hours. Chap_ t_ er _xI Outside Employment (p. 57) - If at any time it is determined by the approving authority or the Director of Human Restiese ortiftatconflictdofemnteresttexists,the to the performance of du employee must discontinue the outside employment or resign his or her position. Solicitation (p• 58) - No solicitation permitted in county buildings except with written permission and with solicitation permit. AP P e~X Revised Organizational Chart 11-22-88 ~. - / ROANOKE COUNTY EMPLOYEE HANDBOOK Summary Of Substantial Changes Not Included Prior to preparing the final draft of the Employee Handbook, the Department of Human Resources distributed the handbook to constitutional officers, assistant county administrators, department heads and the Employee Advisory Committee. Many of their comments were incorporated into the final handbook draft, and are described in the preceding summary of changes. However, listed below are recommendations for substantial changes which are not included in the final draft as determined by t'ne review committee and County Administrator. There are also substantial changes listed below which the Department of Human Resources will study, along with a committee, for possible amendment to the handbook at a future date. The Department of Human Resources and a committee composed of Employee Advisory Committee representatives, will study creation of a sick leave pool for donation of unused sick leave to seriously ill employees, and compensation for employees who attain a professional designation. In addition, the Department of Human Resources is closely monitoring recently ammended Internal Revenue Code Section 89 legislation which may impact future benefits. These items will be studied for possible amendment to the handbook. The following recommendations for substantial changes to the handbook, were considered by the County Administrator and the review committee. These changes are not included in the final draft: Probationary Period - Require current employees to re-serve a six-month probationary period if they are placed in a new position (probationary employees have no right to the grievance procedure and may not use annual leave). Compensatory Time for Nonexempt - Allow nonexempt employees to earn compensatory time at time and one-half rate and carry a compensatory time balance (currently nonexempt receive overtime pay at the time and one-half rate). Annual Leave - Allow employees with more than ten years service to earn more than 18 days of annual leave per year (currently 18 days is maximum). Sick Leave - Allow personal time for family death as opposed to charging this to earned sick leave. 11-22-88 e~. For pDR/~ ar~nly Subject to Revision R O A N O K E COUNT Y EMPLOYEE HANDBOOK D R A F T NOVEMBER 1 9 8 8 i,^~~~~~ (-- -s ~;~ ~; c, L-~ T A B L E OF CONTENTS I Public Service in Roanoke County P=~ A Government ............. B Equal ESnployment Opportunity ................................ C Department of Human Resources ............................... II Getting Started A Application Process ............. B Qualifications for Employment......~~~~~~~~~~~~~~~~~~~~~~~~~~ C Types of Appointments........... .......................... D Orientation............ ............................. E Probationary Period .......................................... F Work Routine ................................................. III Your Job A Personnel Files......... B Performance Evaluations ...................................... C Employee Classification...........~~~~~~~~~~~~~~~~~~~~~~~~~~' D Promotions .............. ........................... E Demotions .................................................... F Position Reclassification......••,•~~~~~~~~~~~~~~~~~~~~~~~~~~ G Position Establishment and Abolishment., ~~~~~~~~~~~~~~~~~~~ H Other Classification Adjustments „ ~~~~~~~~~~~~~~~~~ " " I Layoff .......................... ........................... J Stand By.. ...................................... K Termination~of~Service....... ~~~~~~~~~~~~~~~~~'~ " L Anniversary Dates ............................................ IV Conduct A Conduct Standards .... ....... .. B t n~~~~~, f . ............................. c.~ D Other Suspensions............::.. ....................... E Grievance Procedure....... ~~~~~~~~~~~~~~~~~~~~~~~ " " F Procedural Guarantees ........................................ G Investigations....... .................................. I Sexual Harassment .......................r` .f~................ V Grievance Procedure A Purpose ........................ B Coverage of Personnel......... ~~ ~ ~ ~ ~~~~~~~~~~~~~ " " C Definition of Grievance.... ~~~~~~ ~~ ~~~~~~~~~~~~ " " " D Management Rights ............................................ E F~nployee Rights and Representation.. ~ ~ ~ ~ ~~ ~~~~~~~ F Grievability .................. ......................... G Policy ....................................................... H Procedure .................................................... VI Administrative Policies A Travel Reimbursement ............... B Safety ....................................................... C Use of County Vehicles ....................................... D Inclement Weather Policy ..................................... E Nepotism ..................................................... VII Your Pay A Classification Plan ...................... B Recording Work Hours ......................................... C Paydays ...................................................... D Deductions ......................... ............. E Non exempt Overtime Compensation ..........................~~~ F Exempt Overtime Compensation .................... ... G Holiday Compensation .. ...................................... H,Meritorious Increase#tt~"l~r~`Vi~~. , , ~ VIII Benefits A Health Insurance ...................... B Life Insurance ............................................... C Worker's Compensation ........................................ D Unemployment Compensation .................................... E Virginia Supplemiental Retirement System (VSRS)... ~~~~~~~ F Social Security ................................ ............ G Employee Assistance Program (EAP) ............................ H Other Benefits ............................................... IX Leaves of Absence A Annual Leave ......................... B Sick Leave .......................... ........................ C Military Leave ............................................... D Absences for Maternity and Paternity ................. E Educational Leave ...................... ~~~~~~~~ F Civil Leave ......................... ...................... G Leave Without Pay ............................................ H Holiday Schedule ............................................. X Special Opportunities A Educational Aid .......................... B Credit Union ............................ .................... C Recognition Programs ......................................... D Employee Advisory Committee .................................. E Cost Savings Program ............................ ~~~~~~~~~~ F Personal Problems and Fnployee Assistance .................... XI Responsibilities A Conflict of Interest .................... B Confidentiality of Records ....................~~~~~~~~~~~~~~~ C Gifts ................................... ............... D Outside Employment ........................................... E Political Activity .............................. ~~ ~ ~. F Conduct and Appearance ............................~~~ G Personal Use of County Time and Equipment....... ~~~ ~~~~~~~ H Solicitation ................................................. Appendix A: Organizational Chart Appendix B: Grievance Forms A, B, C PURPOSE AND SCOPE OF I-~ArIDB00K This handbook is intended to serve as a source of information about your employment with Roanoke County. It answers many of the questions most frequently asked by county employees. If you need further information or advice on the matters covered in the handbook, please contact your supervisor, department head, or the Department of Human Resources. Much of the information contained in this handbook is drawn from relevant laws, regulations, and policies. This handbook was prepared solely for informational purposes and is not intended to be a contract of employment. Should there be a conflict between any statement, fact or figure presented here, and the current official regulations and policies, the latter takes precedence. Employees, therefore, have the responsibility to keep themselves informed of updates and revisions to CAUnty pol lcy . ~ ~i"n f?~w:/ *;-.. ',1 Tr? /3c"n"' ((~' %+-? ~ ~r } ": (, to rte ' h j?'t i'v ~~_ ~x~ EI" ~({}:Z :~,tt- `~ CZ_ /'+'-~ C Nvi ,!v/.z :~. },alb'}"; ~j~~'i J"` .ff +~.? ~;r~ (-%ik ~!n/~iU~E~~~~> ~~~i~:~lt '~C ,f"~ The following information contained/` in this /handbook applies to all employees whose job descriptions and position classifications are established within the Classification Plan of the county. This includes all regular classified and unclassified employees and employees in the Constitutional Offices of the Treasurer, the Commissioner of the Revenue, the Sheriff, the Commonwealth's Attorney, and the Clerk of the Circuit Court, but does not include these officers. This also includes employees in the Office of the Registrar, but does not include the Registrar. In addition, Roanoke County court system employees are not in the Classification Plan (except employees of the Clerk of the Circuit Court.) CHAP T E R I P U B L I C S E R V I C E I N R O A N O R E C O U N T Y A. Government The powers of the Roanoke County government are established by the Code of Virginia and the Charter for the County of Roanoke and are vested in a Board of Supervisors consisting of five metr~ers elected by qualified voters within a magisterial district. The Board of Supervisors establishes county government policy, passes resolutions and ordinances, approves the budget, sets tax rates and makes appointments to various non-elected positions. The County Administrator is a full-time official appointed by the Board of Supervisors. The duties of this position are specified by County Charter, Board resolution, and official Board action including: acting as the administrative head of the government, preparing the county's annual budget and executing resolutions and orders of the Board. The County Administrator is assisted by three Assistant County Admin- istrators and a number of department heads (see Appendix A). B. Equal Employment Opportunity Roanoke County is an equal opportunity employer. It is the policy of the county to follow a practice of non-discrimination. Ehq~loyees of the county and applicants for employment are afforded equal oppor- tunity in all aspects of personnel management regardless of race, color, religion, age, sex, national origin, political affiliation, handicap or disability or veteran status. Employees are also protected against sexual harassment by their supervisors or fellow workers. Sexual harassment is any kind of unwanted attention including advances, offers, proposals or suggestions of a sexual nature. C. Department of Human Resources The Department of Human Resources is established by the Board of Supervisors and is responsible for administering and interpreting the personnel policies in this handbook and establishing personnel rules and regulations to comply with these policies. Human Resources is also responsible for employee training, county benefits, employee relations and recruitment for county positions. If you have a personnel-related question, first ask your super- visor. If he or she is unable to assist you, contact the Department of Human Resources. 3 C H A P T E R I I G E T T I N G S T A R T E D A. Application Process Applicants for county employment or employees interested in obtaining another job with the county are required to cor-plete an Application for Employment Form. Employment applications may be obtained in the Department of Human Resources and are only accepted for those posted positions which are currently vacant or, in certain situations, to establish a pool of available applicants. Positions are posted for a minimum of five working days in the Department of Human Resources and other county locations. Job Interest Cards are obtained in the Department of Human Resources and may be completed by individuals who are interested in a position which is not posted. The Job Interest Card system allows the Department of Human Resources to contact those individuals by mail if the position of interest is posted within six months. Applications are screened by Human Resources to determine that the applicant meets the minimum job requirements. Qualified applicants are referred to the appropriate department or office for interviewing and recommendation (or selection in employment of individuals in the constitutional offices). Upon receiving the recommendation (selection), the Department of Human Resources completes the hiring process by notifying the selected applicant and those applicants who were not selected for the position. Employment applications remain "active" for a period of six months. If an applicant wishes to be considered for another position during that time he or she must contact the Department of Human Resources. If an applicant wishes to apply for a position after the six-month active application period, he or she must reapply. B. Qualifications for Employment L Application Process Each candidate for employment must complete the application process as set forth in Chapter II, A. 2. Job Description Standards All applicants are required to meet the standards or require- ments for the position as set forth in the job description. 3. Physical Standards All applicants are required to meet the physical standards for the position as specified by the job description or determined by the department head, with reasonable accommodation. Prior to employment, the applicant recommended for hire may be required to successfully complete a physical examination. The cost of any required physical examination will be paid by the county and completed by a medical doctor chosen by the county. A physical examination may also be required periodically throughout employment for positions where certain physical standards must be maintained (i.e. law enforcement and fire and rescue positions). 5 4. Operation of County-Owned Motor Vehicles Any candidate for employment who will operate a county-owned motor vehicle, must possess a valid Virginia drivers' license (including chauffeur's license, if necessary) at the time of employment. Applicants may be required to show proof of possession of the required license and may be asked to submit a copy of their Division of Motor Vehicles driving record. Upon employment, an employee who is required to drive a county vehicle will be required to successfully carrQlete a defensive driving course within the probationary period. 5. Age Limitations Age sixteen is the minimum age for non-hazardous employment. There is no maximum age for employment. It is the policy of the county not to base fitness for employ- ment on age alone. All employees are expected to maintain performance standards regardless of age. 6. Work Authorization The Immigration Reform and Control Act of November 6, 1986, makes it illegal for Moyers to employ anyone who is not authorized to work in the United States. All new employees are required to provide documents establishing their identity and authorization to work in the United States. A menu of approved documents is listed on Form Z-9 (Employment Eligibility Verification) which must be co~~leted by the new employee and verified by a representative of the county. Failure to provide the required documents within three days of employment will result in immediate termination. C. Types of Appointments County employees may receive a regular, temporary, or part-time appointment to a position. Regular appointments are made to established positions as specified by the Classification Plan. These positions have no f fixed period of duration of service and appointees are eligible to receive all employee benefits. Temporary and part-time appointments are made to those employees not filling a regularly established full-time position. These employees are usually hired for a particular length of time and are paid on an hourly basis. Temporary and part-time employees may be employed to a maximum of 1500 hours per employee in each 365 consecutive day period. This provision is effective on July 1, 1989. Part-time and temporary employees are not eligible for the benefits received by regular employees. Part-time and temporary employees whose positions meet the criteria for enrollment may participate in health insurance and other payroll deductible insurances by payment of the total employee and county premiums in advance, and upon application and approval. 6 It is the responsibility of Human Resources to inform the employee, upon hiring, what type of appointment he or she will have. D. Orientation Prior to beginning work, the new employee must complete the required employee withholding forms, the group life insurance and health insurance forms, and the Virginia Supplemental Retirement System Forms, if applicable, in the Department of Human Resources. The employee will also be required to show proof of authorization to work in the United States. An orientation session conducted by a Human Resources staff member will be scheduled after appointment. This session will cover all aspects of employment, including fringe benefits, and will insure that all of the required paperwork is complete. Any employee who does not attend this session may be subjected to a delay in compen- sation and receipt of fringe benefits. In addition to this general orientation session, each employee will be given a complete on-the-job orientation by his or her supervisor. This will include the employee's work envirorvnent, responsibilities, work schedule, safety requirements, and application of policies to the particular position involved. E. Probationary Period The work and conduct of an employee during the first six months of the original appointment or re-employment is considered a working test period or probationary period. During this time, an err~loyee is required to demonstrate his or her fitness for the duties of the position and suitability as an employee of the county. An ~nployee may be dismissed at any time during the probationary period with no right of appeal, except where discrimination is claimed. Those employees with charges of discrimination have the right of appeal through the grievance procedure, as set forth in Chapter V. Upon successful completion of the probationary period, the employee becomes a regular employee for an indefinite term. Probationary employees will be evaluated by their supervisors after three months from the date of employment. This evaluation is intended to give both the employee and the supervisor the oppor- tunity to discuss their working relationship and make improvements. The probationary employee will be evaluated again prior to the completion of the six-month period. During this evaluation, the supervisor has the option to transfer the probationary employee to regular employment after completion of the period or to terminate the probationary employee. With the approval of the Director of Human Resources, the appropriate supervisor may extend the probationary period for a period not to exceed six additional months or not more than twelve months from the initial employment date. This extension may be used 7 in those cases where the employee's fitness for regular employment is questioned. The probationary period may also be extended for those positions where the duties of the job require certain training standards. A list of positions is maintained in the Department of Human Resources where extended probationary periods are approved for up to twelve months. In the case of an extended probationary period, the employee will be evaluated as a minimum, one week prior to the completion of the period. The probationary employee accrues both annual leave and sick leave at the prescribed rates. The probationary employee may use sick leave, if necessary, after it has accrued. Annual leave may not be used until after completion of the initial six-month probationary period. All time away from the job, other than approved sick leave or compensatory time for eligible employees, must be leave without pay, and is subject to supervisor approval. F. Work Routine Regular attendance and punctuality are essential for the efficient operation of each department. However, there will be times when an employee must be absent or tardy from work. When these circum- stances occur, it is the employee's responsibility to notify the immediate supervisor prior to the absence. County employees work a 40 hour work week. The normal hours of work are from 8:00 a.m. until 5:00 p.m.; however, there are varying schedules within certain departments. In these situations, the immediate supervisor will provide the employee with his or her daily schedule. This does not preclude the supervisor or management from altering work hours during the work day or increasing or decreasing the normal hours of work or work schedule. Depending on the nature of their work, employees may be permitted to alter their work hours with approval from the appropriate department head, constitutional officer or other county official, however, offices must remain open and staffed from 8:00 a.m. until 5:00 p.m. Lunch times should be scheduled so that offices are not left unattended during the day. Lunch schedules should be approved by the immediate supervisor according to the needs of the office. The standard lunch period for office personnel is one hour. Upon approval from the immediate supervisor, the employee may be permitted to take one-half hour lunch periods and alter working times, provided offices remain open and staffed from 8:00 a.m. until 5:00 p.m. Depending on the nature of an employee's position, he or she may be required to work overtime. If overtime work is required, the employee will be compensated following the guidelines found in Chapter VII. 8 While there are no designated times for employee breaks (not including the lunch period), it is understood that employees may need a brief break or rest period during the day. Breaktime must be in reasonable amounts and approved by the immediate supervisor, and must not conflict with ongoing work. All breaktime must be given so ~• that offices are open and staffed from 8:00 a.m. until 5:00 p.m. -5 Breaktime may not be used to arrive at work late or leave work early. 9 C HAP T E R I I I YOU R J O B A. Personnel Files Human Resources maintains a file for each county employee. This file is the official record of all employment with Roanoke County. Files contain personal data, benefit records, attendance records, performance evaluations, disciplinary actions, training records, and other pertinent information. These files are maintained after separation from the county. In keeping with the Privacy Act, personnel files are available for inspection by the employee and by the employee's supervisor or other authorized supervises. An employee may review his or her file by contacting Human Resources for an appointment. Any changes of address, name, telephone number, number of dependents, or other information should be reported to Human Resources in order to keep personnel records and insurance benefits up to date. B. Performance Evaluations Written performance evaluations are conducted, as a minimum, on an annual basis for regular employees. Performance evaluations for regular employees may also be conducted at other intervals identified by the supervisor. These evaluations are not intended to replace the day-to-day performance discussions between the employee and his or her supervisor. They are intended to help the employee identify performance level, growth level, and development needs. Probationary employees are evaluated during the third month of e.~loyment and again prior to the completion of the six-month period. All other employees are evaluated annually on or about the anniver- sary date of the last performance evaluation. Upon achieving a satisfactory performance evaluation, the regular employee is eligible for a merit increase, provided, the employee's rate of pay . above the maximum. ~~~,i-~., ~~-Cl't 7~,<= ~ - ,, . . i`',. f ' ~ ~ r~. The county expects all employees to render dependable and satisfactory work performance in order that quality services may be efficiently provided to county residents. Any non-probationary employee who receives a performance evaluation below the satisfactory level shall be reevaluated by the appropriate supervisor at the end of three months from the date of such unsatisfactory evaluation. Any employee who receives two or more performance evaluations, not necessarily consecutive, below the satisfactory level, within a three-year period, may be subject to dismissal. C. Employee Classification A personnel classification plan for the county is established and maintained in the Department of Human Resources. The Classification Plan consists of classified and unclassified positions. Similar positions with like duties and responsibilities are placed in the same job class. Each job class is assigned an established pay grade and a description of the duties and qualifications. Significant changes in job duties should be brought to the attention of the 11 Director of Human Resources. The Director of Human Resources will then review the position and determine if its classification should be changed. After review and recommendation by the Director of Human Resources, the County Administrator will determine if a position should be reclassified or reallocated in the classification plan. If a suitable class does not exist, a new position may be established with an appropriate pay grade and job description for the class. D. Promotions A promotion is defined as the selection of an employee from a job class in one salary grade for a position in a higher salary grade. To be selected for a promotion, an employee must meet the requirements and qualifications specified in the job description. It is the policy of the county to post job vacancies in accordance with the application procedure described in Chapter II. `e-t=~ Upon promotion to a higher grade, the prompted employee will receive a five percent increase in pay provided the new salary does not ex the maximum ;~.~ i i'_CiSf~ ^~ gate for the grade. E. Demotions It is the policy of the county to treat all employees consistently upon demotion and to provide for a reduction in compensation when it is appropriate. The corr~ensation of a demoted employee will be ithin the salary range established for his or her new position. If the demoted employee's current salary is above the maximum ra a established for that position, the salary will be reduced, aa~el the employee's salary may be set at any point within the established range for his or her new grade. The new salary will be based upon recomne-ndation by the department head, constitutional officer, or other official, and approved by the Director of Human Resources. A demotion may be based on performance. In this situation, the employee has displayed an inability to meet job requirements or to perform the assigned tasks of the position. If a position is available, the employee may be assigned to a position in a lower salary grade provided the employee can perform the tasks of the new position. A voluntary demotion may occur if an employee requests and is granted reassignment in a lower salary grade. All demotions must be approved by the appropriate department head, constitutional officer, or other county official after review and concurrence by the Director of Human Resources. F. Position Reclassification The county reserves the right to make changes in the classification system and to adjust compensation of an employee if the duties have increased or decreased to the extent that a different classification 12 is required. The county reserves the right to make minor changes in the job description or title without affecting the position classi- fication. Department heads may request a position reclassification at any time during the year. -The request must be submitted through the Department of Human Resources and must be approved by the County Administrator. A position reclassification may be distinguished from a position establishment by the gradual increase or decrease of job duties and responsibilities. A reclassified position often changes by no more than one classification grade or may only change within the same occupational group. Where a position reclassification does not warrant the establishment of a new position, but involves a decision to increase or decrease an employee's classification based on gradual changes in job duties and responsibilities, the county's application process described in Chapter II does not apply. A position will not be reclassified if there are minor changes in the job description or title. The compensation for an employee whose position is reclassified upward will be increased by 5% above the present salary or the A step of the new grade, whichever is higher. The compensation for an employee whose position is reclassified downward will remain the same; however, if the maximum step of the new grade is lower than the present salary, the employee will not be eligible to receive salary increases. G. Position Establishment and Abolishment The county reserves the right to establish or abolish positions in the Classification Plan according to the needs of the organization. If a position is established, the newly established position is posted and applications for employment are accepted according to the county's application process. If a position is abolished, the incumbent(s) in the position is treated according to the county's layoff procedure. H. Other Classification Adjustments The county reserves the right to make changes in the classification system and to adjust compensation of employees due to periodic market-place or wage and salary surveys. Adjustments may occur within identified groups or classes of positions or system-wide. The reallocation of a position or positions in the Classification Plan as a result of periodic market-place or wage and salary surveys is distinguished from a position reclassification. In the imple- mentation of periodic market-place or wage and salary surveys, the County Administrator defines the method by which employee's salaries are adjusted or reallocated in the Classification Plan. This process is wholly separate from the reclassification process. I . I,ayof f Unlike many private employers that are directly subject to market influences, the county is generally stable in its need for employees. This stability in demand for services has traditionally led to job security for those in county employment. Nonetheless, in times of economic crisis, some layoffs may be necessary. 13 Procedure The County Administrator has the responsibility, after conferring with the Director of Human Resources, for identifying the departments and the job classifications to be affected in any layoff situation. All full-time temporary and part-time positions in such affected job classifications or departments within a county department or office will be discontinued before any reduction in full-time regular positions. ,Employees in full-time regular positions will then be laid off in reverse order of seniority. Employees thus laid off will be given recall opportunities in order of their seniority with the county. Ties in seniority will be resolved by considering documented job performance history. If a position is available, those employees affected by layoff will be placed in positions of the same pay grade and job classification in other departments provided the employee meets the job requirements for the position. Any employee offered such position who elects, in writing, not to accept that position, w~}1 be considered terminated from county employment and will not be eligible for any other position. If a position in the same grade and job classification is not available, the employee shall be offered a position in a lower pay grade and job classificaiton if the employee meets the position qualifications provided such position is available. The pay of an employee who accepts a position in a lower pay grade and job classification in lieu of leave-without-pay layoff will remain the same if that salary is within the salary range for the new position. The salary will be reduced to the top step in the new pay grade if the previous salary was above the range in the new position. However, the employee will not lose recall rights whether or not such position is accepted. Where no other placements are available, the employee will be placed on leave-without-pay. This policy is not applicable to temporary work force reductions of less than four months. Recalls Employees affected by a layoff will be notified in writing at least two weeks in advance. They will also be informed of the appropriate benefits at this time. Employees will be recalled as vacancies occur to their former department and job classificaiton on the basis ~~ of seniority and documented job performance history. The recall period will not exceed ~ months. Employees who have accepted another position within county government wil be entitled to recall on the same basis as employees on leave-without-pay. Employees on leave-without-pay layoff status will be given preferential consideration for vacancies in other county departments and job classifications. If an employee wishes to be considered for other positions, he or she must complete job interest cards in the Department of Human Resources for all positions of interest. In order to receive preferential treatment, the employee must meet the position qualifications as determined by the appropriate department head, constitutional officer, or other county official and the Director of Human Resources. 14 Benefits E2~loyees laid off under these provisions will be placed on a leave-without-pay layoff. This leave will continue for twelve months unless the employee declines recall or resigns earlier. Certain employee benefits will continue during this time. Ftnployees will have the option to be paid for accumulated annual leave or to keep the balance as a credit during the time of leave without pay layoff. Sick leave will remain as a credit during this time. If an employee resigns or is terminated during this period, the employee will be paid the appropriate amount for the unused balance of annual leave and will be eligible to receive the sick leave bonus. The employee on leave-without-pay layoff will not accumulate annual or sick leave while on non-pay status. During the time of leave- without-pay layoff, the employee must pay the employee's as well as the county's contribution to his or her health or other insurances to continue coverage(s). If an employee is laid off for longer than a month, he or she must also pay the employee's share of the Virginia Supplemental Retirement System life insurance. J. Stand By In those county departments where there is a need for essential work to be performed outside regularly scheduled hours, the County Administrator, upon recommendation of the appropriate department head, may implement a stand-by policy within the parameters of the definition of stand by. Stand-by status is differentiated from on-call status by the definitions listed below. The County Admin- istrator may also authorize and incorporate such operational proce- dures for implementation of a stand-by policy as deemed necessary within the county departments for which the stand-by policy is in effect. If you are uncertain whether your position requires you to be on stand-by or on-call status, ask your supervisor, the Department of Human Resources or consult your job description. F~loyees designated to be on stand-by status will receive compen- sation as authorized by the County Administrator and approved by the Board of Supervisors in the adopted county budget. Non-exempt employees called back to work while on stand-by status will receive compensation according to the county's policy on non-exempt overtime compensation. Stand by: A pre-planned status, where employees are required to be available for specified periods of time to perform essential work outside regularly scheduled hours. Employees designated on stand-by status are not restricted in the personal use of time but must be available for call back when contacted by "beeper" radio or telephone. Cn Call: Status designated by the job description which subjects the employee to call back. 15 K. Termination of Service Those terminating their employment with the county are required to give a minimum of two weeks written notice to the immediate supervisor and a copy to the Director of Human Resources. This notice enables the supervisor to make arrangements for a replacement and provides for work continuity. The employee should also contact Human Resources to" make provisions for an exit interview. The supervisor and the terminating employee, by mutual consent, may waive or modify the two weeks written notice. Employees leaving county service mus their possession. Property such as books, badges, keys, uniforms, tools must be returned to the appropriate receive the final paycheck after returned. t return any county property in manuals, identification cards, and any other county property department. The e~loyee will all county property has been The county conducts exit interviews with all regular employees leaving the county service. These interviews will be scheduled and conducted by a representative of the Department of Human Resources. The purpose of the interview is to gather information which may help reduce turnover, make provisions for the mailing of W-2 forms, leave reimbursement and other vital information, improve working con- ditions and increase efficiency. The employee being interviewed is expected to answer all questions freely and honestly as the exit interview results are kept confidential. L. Anniversary Dates A regular employee is eligible for performance evaluation and con- sideration for a merit increase, on or about his or her anniversary date. If employed in a regular position on or after October 1, 1986, the anniversary date is the date of employment, and will not change. The anniversary date for persons ~nployed prior to October 1, 1986, is the date in effect on October 1, 1986, and that date also will not change. This section applies to promotions, demotions, other classification and pay adjustments, as well as layoffs, unless the employee is terminated. 16 C H A P T E R I V C O N D U C T A. Conduct Standards Upon accepting a position with the county, employees are expected to apply themselves efficiently to the performance of their assigned job duties, to be timely as well as regular at attendance at work, and to provide satisfactory work performance. Failure to follow these standards will normally result in corrective action by supervisors. The conduct standards listed in this chapter are intended to be illustrative. It is not possible to list every conceivable infraction and therefore those listed are not exclusive. Other forms of misconduct or nonperformance will be treated consistently with these guidelines. Although the county attempts to offer corrective counseling whenever possible, immediate dismissal may result from situations where, in the opinion of the county, corrective action is not appropriate. It is not the intention of the county in issuing this handbook to alter the at-will nature of its relationship with county employees. To the contrary, this handbook provides the employee with a general understanding of what can be expected if there is a violation of certain policies and procedures. B. Counseling Corrective action by the supervisor may take the form of an informal counseling session or formal written notice, or other disciplinary action depending upon the severity of the situation. Counseling is not a prerequisite to taking formal disciplinary action. Counseling is intended to be an informal process of discussion between supervisor and employee relating to work performance and conditions or behavior problems which, if not corrected, could lead to disciplinary action. The counseling session is expected to be a private meeting between supervisor and employee which allows an interchange between them as to the course of action to be taken to improve performance or correct behavior. C. Disciplinary Action Disciplinary action is a formal procedure for taking corrective measures based upon violations of expected conduct. Misconduct by an employee will normally result in a reprimand, suspension, demotion or dismissal. Each type is described in an effort to inform each employee of the consequences of misconduct and to maintain uniform standards of discipline throughout the county. Reprimands Reprimands are normally issued for violations which include, but are •~ not limited to, unsatisfactory attendance, abuse of sick leave (see definition in sick leave section), abuse of county time such as unauthorized time away from the work area or the use of county time to perform personal work, offensive language, conviction of a traffic violation while using a county vehicle, failure to abide by the established safety belt policy, or unsatisfactory job performance. 18 The employees's supervisor will first discuss unacceptable conduct with the employee and recorrmend correction. The first discussion is defined as a verbal reprimand. In this discussion or verbal reprimand, the employee is advised and cautioned with regard to misconduct. The employee is further cautioned that misconduct of any nature within the next twenty-four months will normally result in a written reprimand or other disciplinary action, depending upon the seriousness, nature, and type of misconduct. If further misconduct takes place, the employee will be given a written reprimand. At the time the written reprimand is issued to an employee, the written reprimand will indicate the nature of the misconduct (i.e. unsatisfactory attendance) and the ~loyee will be allowed to provide any explanation for the misconduct. Written reprimands remain active for twenty-four months. A copy of the ~~ written reprimand is given to the employee and a copy is placed in ~~ ~ the employee's personnel file. (However, at the end of the active 1e period, reprimands ar ved from the employee's personnel file ~ am retained only f r archival pur c~~ '' --------- - Suspensions Suspensions are normally issued for violations which include but are not limited to failure to follow a supervisors instructions or perform assigned work, failure to abide by safety regulations, failure to abide by established county policies, reporting to work under the influence of alcohol or illegal substances, leaving the workplace without permission during working hours, unexcused absences, unauthorized use or misuse of county property or records, sleeping during working hours, and when the second active written reprimand is issued. Disciplinary action for such violations will normally result in suspension of not more than five work days specified by the supervisor without pay. Suspension notices remain active for thirty-six months. A copy of the written suspension notice is given to the err~loyee and a copy is placed in the employee's personnel file. At the time the written suspension notice is issued to an employee, the written suspension notice will indicate the nature of the misconduct (i.e. failure to follow a supervisors instructions) and the employee will be allowed to provide any explanation for the misconduct. (However, at the end of the active period, suspension notices are removed from the employee's personel file and retained only for archival purposes). Dismissals Dismissals normally occur for violations which include, but are not limited to, absence fo of consecutive work days without notification, use or possessi n o alcohol or controlled substances unlawfully ssessed whil on the job, willfully falsifying or damaging c records or property, theft, unauthorized removal or unauthorized disclosure of county records, information or property, gambling while at the worksite, willfully violating safety rules where there is a threat to life or health, participating in a work slowdown, sit down or strike, unauthorized 19 use or unauthorized possession of firearms, dangerous weapons or explosives, threatening or harassing other employees, a supervisor or a member of the public, accepting or offering bribes and, criminal conviction for acts of conduct occurring on or off the work site which are directly related to job performance or of such a nature as to directly affect public confidence in the performance of the county's business. The second active suspension notice or the third active written reprimand will also normally result in dismissal. A copy of the dismissal notice or other notice of disciplinary action is given to the employee and a copy is placed in the personnel file. At the time the dismissal notice is issued, the appropriate supervisor will conduct a predismissal meeting (see section with that heading in this chapter). ~~ Other Suspensions An employee may be suspended without pay during an investigation of alleged misconduct. ~larther, any employee who is arrested for or charged by indictment or other legal process with the cormiission of a felony, a crime of moral turpitude or any offense of such a nature as to directly affect public confidence in the performance of the county's business may be suspended without pay. In the event the employee is cleared of all alleged misconduct as a result of the investigation, the employee shall be reinstated without loss of any benefits or time in service and shall be paid his or her regular compensation for the period of suspension. However, if as a result of the investigation, the supervising authority determines that further suspension is warranted (under "C" above), the employee will receive credit for the period of suspension already served. Before any suspension goes into effect under this section, the employee shall be afforded the opportunity to receive notice of the reasons for the suspension, either orally or in writing, and to offer reasons why the suspension should be with pay. In exceptional circumstances, a constitutional officer, department head, or other appropriate county official, after consultation with the~f` y-'~'~~'"'~ ~- Human Resources, may approve a suspension with pay of an employee who is the subject of an investigation. If as a result of any such investigation it is determined that no suspension should be imposed against the employee, any charged annual leave shall be reinstated. The use of this procedure shall not limit in any manner the disciplinary action which may be taken against the employee as a result of the outcome of the investigation. E. Grievance Procedure Nonprobationary employees are entitled to use the county Grievance Procedure for any matters relating to the application of these conduct policies. Probationary employees are not entitled to use the Grievance Procedure except where discrimination on the basis of race, color, religion, age, sex, political affiliation, handicap or disability, veteran status or national origin are alleged. 20 F. Procedural Guarantees Roanoke County fire fighters and emergency medical technicians are eligible for certain procedural guarantees provided by state law. These protections apply whenever a firefighter or emergency medical technician is subjected to an interrogation which could lead to dismissal, demotion, or suspension for punitive reasons. These procedural guarantees can be found in Chapter 10.1:1 of Title 2.1 of the Code of Virginia, 1950, as amended, Sections 2.1-116.9:1 through 2.1-116.9:5. If you have questions or desire further information about these procedural guarantees, contact the Department of Human Resources. ~,. ~ Investigations Under appropriate circumstances and in accordance with administrative policies and current law, the county may conduct such investigations or tests, including drug and alcohol testing, as deemed necessary in its investigation of unacceptable conduct. Such investigation or testing is made on recommendation of the appropriate department head, constitutional officer or other county official and upon consultation with the Department of Human Resources and the office of the County Attorney. j;i '~.. Employee's Right to Notice Prior to dismissal of y employee, demotion, transfer in lieu of removal, ~ suspensio the employee shall be given oral or written notice of the offense. The supervisor shall also consult with the Department of Human Resources prior to the dismissal, demotion, transfer in lieu of removal, ®r suspensionof any employee. ~,_ ., ~ • a. Sexual Harassment ~.~ <`~J,7, v~r- , f •~ ~r . ~, _i . r' ~y~~~,i. r The County has an obligation to maintain a place of employment that is free of harassing, abusive, or disruptive conduct and is committed to taking positive corrective aciton where the need arises. Sexual harassment is a violation of Title VII of the Civil Rights Act of 1964, as amended, and will not be tolerated. Tlpfinitinn Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when: - Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment. - Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual. - Such conduct has a purpose or effect of substantially interfering with an individual's work performance or of creating an intimidating, hostile or offensive work environment. 21 Examples of Sexual Harassment Sexual harassment may include but is not limited to (1) verbal harassment or abuse, (2) subtle pressure for sexual activity, (3) unnecessary brushing against, patting, or pinching, (4) requesting sexual favors accompanied by implied or overt threat concerning an individuall's employment status, or promise of preferential treatment with regard to an individual's employment status, (5) actions or activities which express employment preferences motivated by sexually oriented concerns even though frivolously intended. Statement of Action Individuals who experience sexual harassment should make it clear that such behavior is offensive to them, and upon its occurrence or repetition, should bring the matter to the aopropriate supervisors attention or to the attention of other County officials, including the Director of Human Resources. Supervisors or other appropriate officials will immediately deal with any act of sexual harassment of which they become aware, calling attention to the County's policy regarding such behavior or if appropriate, applying disciplinary action. Also, employees may use the County's grievance procedure for relief or remedy for acts of sexual harassment. Violation or misapplication of this policy may result in disciplinary action, including discharge. The County's commitment to eliminate sexual harassment from the work place should not be viewed as a license for employees to engage in unfounded, frivolous, or vindictive actions in violation of the intent of this policy. In dealing with the cor~plaints of sexual harassment, due process will be observed and the rights of all parties will be protected. 22 CHAP T E R V G R I E V A N C E P R O C E D U R E A. Pur se It is the purpose of this procedure to afford an immediate and fair method for the resolution of disputes and complaints which arise out of the employer/employee relationship. Employees are encouraged to discuss problems concerning their jobs with their immediate super- visor. The purpose of this procedure is as follows: - To provide employees a method by which bona fide complaints can be considered rapidly, fairly, and without fear of reprisal. - To encourage employees to express themselves about the con- ditions of work which affect them as employees. - To instill in employees confidence that personnel actions are taken in accordance with fair and uniform policies and proce- dures. - To develop in supervisors a greater sense of responsibility in dealing with employees. It is believed that the majority of the employer/employee problems will be of such a nature that they can be settled by the employee and the supervisor to the satisfaction of both and, if not, the following procedure shall be followed. B. Coverage of Personnel All regular county employees are eligible to file grievances, including employees of constitutional offices, except board-appointed and elected officers, the county administrator, assistant county administrators, department heads, and probationary employees. Probationary employees may file a grievance if the complaint involves a charge of discrimination. However, assistant county administrators and department heads may file grievances regarding disciplinary actions limited to dismissals. C. Definition of Grievance A grievance is a complaint or dispute by an employee relating to his or her employment, including but not necessarily limited to disci- plinary actions involving dismissal, demotion, ~ suspensions ~'' :,"f`^'`~'`' dismissals resulting from formal discipline or unsatisfactory job ' "{'' '(>?<2~~ i~ performance; concerns regarding the proper application of personnel policies and regulations; acts of reprisal as a result of utilization of the grievance procedure or of participation in the grievance of another county employee; and complaints of discrimination on the basis of race, color, religion, age, sex, political affiliation, handicap or disability, veteran status, or national origin. 24 Complaints are non-grievanle when they involve the content of ordi- nances, statutes, or established policies or regulations; establish- ment or revision of wages, salaries, position classifications, or reclassifications, or general benefits; failure to be promoted except where the employee can show that established policies were not followed or applied fairly; work activity accepted by the employee as a condition of employment or work activity which may be reasonably expected to be part of the job content; the measurement and assessment of work activity through performance evaluations, except where the employee can show that the performance evaluation was arbitrary or capricious; discharge, demotion, lay off because of lack of work, reduction in work force, or job abolition, except where such action affects an employee who has been reinstated within the previous six months as the result of the final determination of a grievance. In a grievance brought under this exception, the action shall be upheld upon a showing by the county that there was a valid business reason for the action and the employee was notified of such reason in writing prior to the effective date of the action. D. Management Ri hts Nothing in this procedure is intended to circ~.ur~scribe or modify the existing management right of the county to do the following; pro- vided, however, that none of these rights may be exercised in an arbitrary and capricious manner: - Direct the work of its employees as well as establish and revise wages, salaries, position classifications and general employee benefits. - Hire, promote, transfer, assign and retain employees within the county government. - Maintain the efficiency of county governmental operations. - Relieve employees from duties in emergencies. - Determine the methods, means and personnel by which operations are to be accomplished. E. Employee Ri hts and Representation At the Step III fact-finding meeting and the Step IV panel hearing, the grievant shall be permitted to be accompanied by or represented by an individual of his or her own choice, at his or her own expense. Any supervisor or other management official who makes a reprisal against an employee on account of a grievance may be subject to strict disciplinary action including demotion and termination. By mutual agreement, the parties to a grievance may extend time periods established in this procedure unless otherwise herein provided. 25 F. Grievability Decisions regarding whether or not a matter is grievable shall be made by the County Administrator on Form A at the request of either management or the grievant, and such decision shall be made within ten work days of such request. Such determination of grievability may be made at any time during the grievance process, but, in any event, prior to the panel hearing. A decision relating to grieva- bility made by the County Administrator may be appealed by the grievant to the Circuit Court of Roanoke County for a hearing on the issue of grievability. Proceedings for review of the decision of the County Administrator shall be instituted by filing a notice of appeal with the County Administrator within five work days after the date of the administrator's written decision. Within five days thereafter, the County Administrator shall transmit to the Clerk of the Court to which the appeal is taken: A copy of the decision of the County Administrator, a copy of the notice of appeal, and the exhibits. The failure of the County Administrator to transmit the records within the time allowed shall not prejudice the rights of the grievant. The Court, on motion of the grievant, may issue a Writ of Certiorari requiring the County Administrator to transmit the records on or before a date certain as provided in Section 2.1-114.5:1E of the 1950 Code of Virginia, as amended. The court may affirm the decision of the County Administrator or may reverse or modify the decision. The decision of the Court is final and is not appealable. The issue of grievability may occur at any step of the procedure prior to the panel hearing, and once raised the issue shall be resolved before further processing of the grievance. In any event, the issue of grievability shall be resolved prior to the panel hearing or it shall be deemed to have been waived. The classification of a complaint as non-grievable shall not be con- strued to restrict any employee's right to seek or management's right to provide customary administrative review of complaints outside the scope of the grievance procedure. G. Policy All stages of the grievance beyond the informal discussion shall be in writing on forms supplied by the Department of Human Resources. Beyond the informal discussion, both the grievant and the respondent may call upon appropriate witnesses as provided in this procedure. Once an employee reduces a grievance to writing he or she must specify on the appropriate form the specific relief expected to be obtained through use of this procedure. Failure of either party to comply with all substantial procedural requirements of the grievance procedure without just cause will result in a decision in favor of the other party on any grievable issue, provided the party not in compliance fails to correct the non-compliance within five (5) work days of receipt of written notification by the other party of the compliance violation. Such written notification by the grievant shall be made to the County Administrator. Failure of either party without just cause to comply with all substantial procedural require- ments at the panel hearing shall result in a decision in favor of the other party. 26 H. Procedure Grievances, as defined above, following manner. shall be processed in the 1. Informal Discussion An employee with a complaint shall discuss the problem directly with his or her immediate supervisor. The complaint need not be reduced to writing during this period. The time from the occurrence of the event out of which the complaint arises to the discussion with the employee's immediate supervisor shall not exceed thirty calendar days. The immediate supervisor shall give verbal response within five work days following the discussion. If a problem cannot be resolved through informal discussion, the employee is entitled to pursue the grievance through the procedure outlined below. 2. Step I• If the employee's complaint is not resolved as a result of the above-provided informal discussion, the employee may file a written grievance with his or her department head on Grievance Form B no later than five work days following the termination of the informal discussion process. The department head shall submit a copy of Form B to the Director of Human Resources, upon receipt. The department head shall convene a meeting for the purpose of ascertaining the facts and circumstances relating to the grievance within three work days. The grievant and depart- ment head are the only persons who may be present at this meeting. Either party may call witnesses during this meeting to present facts and evidence bearing on the grievance. A written response by the department head shall be made to the grievant within three work days following the first step meeting, and a copy of the response shall be provided to the Director of Human Resources. Should the response of the department head not resolve the grievance, the grievant may proceed to Step II. 3. Step II. If the first step written response does not resolve the grievance, the grievant may so indicate on the Grievance Form B and submit the grievance to the appropriate assistant county administrator, constitutional officer or other top level manage- ment official within five working days. However, should the next level of supervision be the county administrator, the grievance shall progress to Step III. A fact finding meeting as required in Step I to review the grievance shall be held by the appropriate assistant county administrator, constitutional officer, or other top level management official within three work days. The grievant and the appropriate assistant county administrator, constitutional officer, or other top level manage- 27 ment official are the only persons who may be present at this meeting. Either party may call witnesses during this meeting to present facts and evidence bearing on the grievance. A second step written reply to the grievant shall be provided within three work days following the second step meeting, and a copy of the reply shall be provided to the Director of Human resources. 4. Step III. If the second step written response does not resolve the grievance, the grievant may so indicate on the Grievance Form B and appeal the second step decision to the County Administrator. Submission of the third step must occur within five work days of the second step reply. The County Administrator shall meet with the grievant within three work days or indicate an extension of time is necessary. Such extension of time shall not exceed three additional work days except by mutual agreement. A fact-finding meeting as required in Steps I and II to review the grievance shall ~ held by the County Administrator within three work days, unless extended as hereinabove provided. At the Step III fact-finding meeting, the grievant may have a representative present. If the grievant is represented by legal counsel, management may likewise be represented by counsel. Either party may call witnesses during this meeting to present facts and evidence bearing on the grievance. The County Administrator shall render a written reply to the grievant within three work days following the third step meeting, and a copy of the reply shall be provided to the Director of Human Resources. 5. Step IV. If the third step written response of the County Administrator does not resolve the grievance, the grievant may proceed with the grievance by requesting a panel hearing. The request for the fourth step panel hearing shall be submitted in writing to the County Administrator on Form C within five work days of the third step repl~• of the County Administrator. The County Administrator shall submit a copy of the request for a panel hearing to the Director of Human Resources upon receipt. The County Administrator shall arrange a hearing with the panel members to hear the grievance and forward copies of the grievance to the panel members. The panel shall be appointed by the Board of Supervisors, and shall consist of three regular members and two alternate members appointed for three-year terms. The panel shall select a panel chairman at the commencement of each grievance panel hearing. To insure an impartial hearing panel, such panel shall not be composed of any persons having direct involvement with the grievance being heard, or with the problem giving rise to the grievance, for example, the grievant, the County Administrator or supervisors replying at any manage- ment step. Also, no attorney having direct involvement with the subject matter of the grievance, nor a partner, associate, employee or co-employee of such an attorney shall serve as a 28 panel member. F1~rthermore, the following relatives of a partici- pant in the grievance process or a participant's spouse shall not serve as panel members: spouse, parent, child, descendants of a child, sibling, niece, nephew and first cousin. Should any of these relationships exist, the panel member shall be disquali- fied from serving and an alternate panel member shall serve for the grievance hearing. The panel shall hear the appeal within ten work days of receipt of the case. 6. Hearing Procedure and Decision The panel shall adopt such rules and procedures as it deems necessary and desirable consistent with established policy. The panel has the responsibility to rule on the interpretation and application of the county's personnel policies, rules and regu- lations in the case. It does not have the prerogative to formu- late or change policies or procedures. The panel shall set the time for the hearing, and notify the grievant and management. The panel hearing shall be held as follows: The panel shall determine the propriety of attendance of persons not having interest in the hearing, provided at the request of the grievant the hearing shall be private. The panel may at the beginning of the hearing ask for the statements clarifying the issues involved. Exhibits, when offered by the grievant or the county, may be received as evidence by the panel and, when so received, shall be marked and made part of the record. The County, or their representative, shall then present their claims and proofs and witnesses who shall submit to questions or other examinations. This process will then be repeated by the grievant. The panel may, at its discretion, vary this procedure but shall afford full and equal opportunity to all parties and witnesses for presentation of any material or relevant proofs. The parties may offer evidence and shall produce such additional evidence as the panel may deem necessary to an understanding and determination of the dispute. The panel shall be the judge of relevancy and materiality of the evidence offered. All evidence shall be taken in the presence of the panel and of the parties. The panel chairman shall specifically inquire of all parties whether they have any further proofs to offer or witnesses to be heard. Upon receiving negative replies, the chairman shall declare the meeting closed. The hearings may be reopened by the panel on its own motion or upon application of a party for good cause shown at any time before the decision is made. The majority decision of the panel shall be final and binding in all its determinations and shall be consistent with law and written policies. The decision of the panel shall be filed in 29 writing by the panel chairman with the County Administrator not later than five work days after con~letion of the hearing. The decision shall be made in the format of Form C. Copies of the decision shall be transmitted by the County Administrator to the Director of Human Resources, the employee and the employee's assistant county administrator, constitutional officer or other top level management official. The parties to the grievance, by mutual agreement, or the panel chairman may extend any or all of the time periods established in the hearing procedure. The grievant must bear the cost involved in employing repre- sentation or in preparing his or her case. The County Administrator shall implement any remedy to the extent that it is consistent with the provisions of law and written policies. If either party believes the panel decision is not so consistant, he or she shall inform the panel and ~ the other party within five (5) calander days of receiving of the decision. Either party may petition the circuit court for an order requiring implementation of the panel decision. 30 CHAP T E R V I A D M I N I S T R A T I V E P O L I C I E S A. Travel Reimbursement Those employees required to travel in connection with their work will be reimbursed for reasonable work related travel expenses. All travel is subject to prior approval by the employee's immediate supervisor. For further information, refer to the County Travel Policy on file in the Department of Finance. ~, . Safet Safety on the job is of the utmost importance. Therefore, it is the responsibility of all county employees to observe the safety rules established for their position. Employees whose job descriptions require the use of machinery, equip- ment or tools will be trained in their proper usage. These employees will also be trained in and expected to use the proper personal protective equipment which is required for the job. FF~loyees who are required to use a county vehicle, whether occasionally or on a daily basis, are expected to follow the estab- lished county and state safety procedures and traffic laws. Any apparent defect in county equipment must be reported to the employee's immediate supervisor as soon as possible and preferably prior to beginning the shift. Any accident involving county equip- ment must also be reported to the employee's immediate supervisor regardless of the cause. In addition, if an accident involves a county vehicle, the employee must follow the established accident reporting procedure described in this handbook. Failure to follow established safety rules or improper use of protective equipment will be considered a violation of conduct standards and the appro- priate disciplinary action will be followed. C. Use of County Vehicles 1. Class Distinctions EYr~loyees are responsible at all times for the proper care and maintenance of county-owned vehicles used in their work. Employees who will operate county vehicles are expected to possess a valid Virginia driver's license and a valid chauffeur's license if they will be driving vehicles larger than a pickup truck on a regular basis. The invalidation, revocation or suspension of an employee's drivers' license or any restrictions must be reported to the immediate supervisor and may be considered sufficient grounds for demotion or dismissal. Established county and state safety procedures must be followed while using county vehicles. Regardless of class distinction, each vehicle is subject to a periodic inspection to check for any apparent defects and the general maintenance of the vehicle. For further information regarding use and care of county vehicles, refer to the Vehicle Management Manual on file in the Department of General Services. 32 The departmental use of county vehicles falls into three classes. Class A vehicles which are assigned to an individual employee, Class B vehicles assigned from the central motor pool, and Class C vehicles which are regularly assigned on a task basis. Employees who drive county vehicles are not permitted to use vehicles for personal use, regardless of the class. 2. Report of Accidents If an employee is involved in an accident with a county-owned vehicle, he or she must follow certain steps to report the accident. The immediate supervisor must be notified of the accident as soon as possible, but not later than the next working day. If the accident involves bodily injury, property damage of another person, an investigation must be completed by local law enforcement personnel. A Vehicle Accident Form must also be completed and submitted to the Risk Manager. All accidents are reviewed internally by the Vehicle Accident Review Committee. Contact the Department of Human Resources to obtain further information on accident reporting. 3. Safe Driver Recognition Safety awareness by drivers of county-awned vehicles is encouraged. To promote safe driving and recognize those employees with good driving records, the county has developed a Safe Driver Recognition Program. Any individual who operates a county vehicle in the course of his or her duties is eligible. For further information contact the Department of Human Resources. D. Inclement Weather Policy Employees are responsible for reporting to work on time regardless of weather conditions. When conditions exist, such as snow, ice, or other storms that cause transportation or reporting to work problems, the employee must contact his or her immediate supervisor. If, in the supervisor's opinion, the employee is not required, the supervisor may permit the employee to take annual leave or compensatory time as appropriate. An employee who fails to report an absence will be subject to discipline. If the employee is required to work, all time absent will be without pay. No employee shall be granted leave if it requires another employee to work overtime, unless approved by the immediate supervisor. In extreme weather conditions, some or all county offices may be closed, as determined by the County Administrator. When this occurs, employees will be notified through their supervisor or the local media as appropriate. Those non-exempt employees who must report to work during inclement weather, regardless of authorized closings will receive payment at the regular hourly rate for all hours worked, in addition to their regular salary. Exempt personnel who are required to work will receive compensatory time, if eligible, for all hours worked, in addition to the regular salary. 33 Employees who are not required to report to work will not be penalized during authorized closings. E. Nepotism It is the policy of the county not to place immediate family members in a supervisor-subordinate relationship within the same department, regardless of the working relationship. (This includes regular, part-time and temporary employees.) The immediate family shall include only: spouse, children, brother, sister, parents, and grandparents of the employee and the spouse. 34 C HAP T E R V I I YOU R P A Y A. Classification Plan 1. The pay of all regular employees is established by the Classification Plan. The Department of Human Resources is responsible for developing and maintaining a uniform plan. 2. Pay ranges or "grades" are assigned for every position in the Classification Plan. Every grade consists of minimum and maximum rates of pay for a position. Initial employment is normally at the minimum rate of pay for the position. If a new ~loyee more than meets the minimum qualification of the position, he or she may be appointed at up to 10~ above the minimum rate for the position. Approval must be obtained from the County Administrator if an employee is hired at a rate of pay which is more than 10°s above the minimum rate for the position. 3. As may be approved or authorized by the County Administrator, new employees may be hired below the minimum ;rate of pay for the position. In unusual circumstances, the County Administrator may authorize a rate of pay above the maximum for the position. B. Recordin Work Hours Personnel covered by this handbook must record all hours of work on an approved time sheet or time card. These must be submitted to the immediate supervisor after completion of the biweekly pay period. The immediate supervisor approves hours worked and departmental time records are forwarded to the Payroll Office. C. Paydays F~nployees are paid on a bi-weekly system. Paydays occur on alter- nate Fridays throughout the year. If a payday falls on a holiday, employees are paid the work day before the holiday. D. DeductionG The amount of salary earned and the amount of salary received will differ. This is a result of deductions from pay. Some deductions are required by law and others are made upon the employee's request. State and federal income taxes and social security deductions are required by law, as well as garnishments, tax liens and other wage assignments. These payments are deducted from each employee's salary according to the prescribed federal and state rates. All other deductions are voluntary and made at the employee's request. These may include health insurance, savings bonds, credit union payments, united way contributions, deferred compensation the Roanoke County Beneflex Program or other approved payroll deductions. 36 E. Nonexempt Overtime C ation Those employees classified as nonexempt are compensated according to the guidelines established and described in the following paragraphs. Upon employment, your supervisor will inform you of the status (nonexempt or other) of your position. Overtime compensation will begin after completing the normal forty hour work week. The standard work week for payroll purposes begins on Saturday (12:01 a.m.) and ends on Friday (12:00 midnight). Over- time compensation in the form of time and one half the employee's hourly rate of pay is provided for all hours actually worked over forty during the established work week. Sick leave, annual leave, and holiday hours are not considered actual work hours. Those employees whose primary duty is law enforcement or fire pro- tection as defined by the Fair Labor Standards Act are eligible for an extended work period. Upon employment, your supervisor will inform you as to whether or not your position is considered law enforcement or fire protection. The extended work period is twenty-eight days, and time and one half the employee's hourly rate of pay is provided after actually working 171 hours in the twenty-eight day period. Sick leave, annual leave, and holiday hours are not considered as actual work hours. All overtime work must be approved by the immediate supervisor prior to beginning any work. The overtime payment is provided on the check following submission of the biweekly time sheet which contains the overtime work. F. Exempt Overtime Condensation Those employees classified as exempt receive either compensatory time or discretionary time for overtime hours, in accordance with the guidelines listed in the following paragraphs. In order to be considered exempt, an employee's job duties must fit into either an executive, administrative, or professional category specified by the federal Fair Labor Standards Act. Upon ~loyment, your supervisor will inform you as to your status (exempt or other). An employee is designated as Exempt/Corr~ensatory if he or she meets the criteria for exerr~t status (job duties of an executive, administrative or professional nature) but are below the assistant department head level. Exempt/Compensatory employees earn compensatory time off on anhour-for-hour basis for overtime hours worked. Compensatory time must be taken as soon as is practical, according to the work load of the department. If the departmental work load is such that it is not practical to take compensatory time as soon as it is earned, compensatory time may be accumulated. However, accumulated compensatory time may not exceed 100 hours at the beginning of the fiscal year on July 1. (For those employees with compensatory time balances in excess of 100 hours upon the adoption of this section (insert date), additional compensatory time in excess of the 100 hours maximum at the end of the fiscal year may not be accumulated; however, any previously earned compensatory time balances in excess of 100 hours must be used prior to July 1, 1990). 37 If an employee moves from a position in which he or she accumulated compensatory time, the compensatory time does not apply to the new position and all compensatory time accumulated is forfeited. This provision does not apply if the new position was a result of a reclassification. When an employee leaves county service, he or she forfeits all compensatory time. If an employee with accumulated compensatory time is placed on leave-without-pay layoff, the compensatory time may be used or held as a balance in case of return to work. However, all compensatory time is forfieted upon termination. An employee is designated as Exempt/Discretionary if they meet the criteria for exempt status (job duties of an executive, admin- istrative, or professional nature), and are at the assistant depart- ment head level or above. Exempt/Discretionary employees do not accumulate overtime hours worked, but are eligible to take time off at their discretion based on overtime hours worked. (Note: Normally this level of employee does not take discretionary time off on an hour-for-hour basis.) G. Holiday Compensation County offices are closed on eleven holidays (designated in Chapter IX, H), and any day. appointed by the Board of Supervisors or the `~ Governor of Virginia as a legal holiday or for state or county offices to close Re ular e l \~ . g mp oyees are eligible to take the holiday off from work and receive payment at the regular daily rate \ for time off. ~ ~ Those nonexempt employees designated by their supervisor as having to work on a county holiday receive compensation for the amount of time worked at the regular hourl rate d y an payment for the holiday. Those exempt employees having to work on a holiday receive compen- satory time if eligible for the , , amount of time worked on a holiday. Departments may be authorized to permit nonexempt employees to carry time earned on a holiday and take this off at a later date. However, authorization must be obtained from the Department of Human Resources to use this provision. H. Flexible Merit and Meritorious Increase Pr rams Those employees on Classification Plan grade 25 or above, or those exempt employees included by their supervisor, are eligible for the Flexible Merit Program. Eligible employees receive varying or flexible percentage merit increases on their anniversary date, based on performance. The percentage amount of the flexible merit increase is determined in the adoption of the county budget each fiscal year. 38 Employees not eligible for the Flexible Merit Program described above, are eligible for the Meritorious Increase Program. Eligible employees may receive an additional meritorious percentage increase based on documented outstanding performance, in addition to their regular merit increase on their anniversary date. Program guidelines are maintained in the Department of Hunan Resources. The percentage amount of the meritorious increase is determined in the adoption of the county budget each fiscal year. 39 C HAP T E R V I I I B E N E F I T S A. Health Insurance Each regular employee is eligible to participate in the county health plan. The cost of the health plan is partially funded by the county with the remainder being deducted from the employee's salary. The county's contribution for the health plan may be applied towards other approved insurance coverage for those employees electing not to enroll in the county's health plan. The employee may enroll in the health plan at any time during employ- ment. If an employee is on leave without pay for one full pay period, the employee will not be eligible to receive the full health insurance contribution for the month. Employees enrolled in the county health plan will receive a handbook explaining the plan in detail and the benefits provided by the plan. Upon leaving county service, employees may elect to continue health insurance coverage under the county's group health care plan in accordance with provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA). In addition, enrolled family memk~ers may continue coverage through the county health insurance if coverage would otherwise end due to certain qualifying events. Upon retiring from county service, employees may begin or continue health insurance coverage under the county's group health care plan. Contact the Department of Human Resources for further information regarding the county health plan. B. Life Insurance Each regular employee participates in the group life insurance plan, if eligible. This plan is administered by the Virginia Supplemental Retirement System and offers life insurance without the requirement of a medical examination. The county covers the cost of the insurance. This insurance provides coverage for twice the amount of each employee's annual salary when rounded to the next highest thousand for a natural death and four times the annual salary when rounded for accidental death. There is also coverage for accidental dismemberment and accidental blindness. Upon retirement, coverage begins to reduce two percent per month until it equals twenty-five percent of the original value. However, disability retirees' coverage does not begin reducing until age sixty-five. Both dis- memberment and double indemnity coverage stop at retirement. Upon employment, a beneficiary must be chosen. The Department of Human Resources must be contacted after that if the beneficiary is changed. The Virginia Supplemental Retirement System publishes a handbook which includes an explanation of the group life insurance plan. This may be obtained in the Department of Human Resources. 41 C. Worker's Compensation In the event of an accident or illness while at work or as a result of work, related medical expenses will be paid by the county at no cost to the employee. Worker's compensation coverage is provided for regular, part-time and temporary en~loyees and volunteers. In addition, the employee is entitled to compensation to help offset the loss of wages while unable to work. Employees do not share in the cost of worker's compensation. The county pays the entire cost. In order to receive full compensation, accidents on the job must be reported to the employee's supervisor immediately. The employee must also complete the Report of Accident or Injury Form in the Department of Human Resources. This must be done as soon as possible to enable the Department of Human Resources to file the claim within ten days of the accident and thus insure coverage. During the first seven calendar days that a regular employee is absent from work as a result of job rel?ted illness or injury, the regular employee will be expected to use accrued sick leave if he or she desires to receive full pay. A special exception may be granted by the Board of Supervisors in the event of a serious on-the-job injury for those new regular employees who have not accrued suffi- cient sick leave. Such an exception may be granted upon recommen- dation of the department head. After the first seven calendar days and for up to the next ninety work days, the regular employee could receive full pay for on-the-job injury or illness, upon recommendation by the department head, and approval of the Director of Human Resources. The Board of Supervisors may grant up to an additional sixty work days in special instances. In order to receive full pay, the regular employee must sign over any worker's compensation checks to the county. According to state law, the county may designate a panel of physicians an employee must visit for examination to verify the extent of injury or illness. In cases of job related injury or illness which extend beyond approved limits `or in cases of permanent disability, the employee will receive the commpensation allowed under the Worker's Compen- sation Act. The employee will not be on pay status with the county during this time and, therefore, will not accrue sick or annual leave. D. Unemployment Compensation County employees who are separated from their jobs are eligible to apply for unemployment compensation. They may do this at the Virginia Employment Commission. After application is made, eligi- bility is determined on an individual basis. E. Virginia Supplemental Retirement System (VSRS) The Virginia Supplemental Retirement System (VSRS) was designed by the State to supplement Federal Social Security retirement coverage. 42 VSRS provides a monthly payment to members when they retire and for as long as the member lives. This monthly payment is based upon the average final co~ensation which is the average of a member's highest consecutive thirty-six months of salaried employment, the years of service credit, and the member's age. Membership in VSRS is a condition of employment for all regular employees. The county makes contributions to VSRS on behalf of each employee so that upon retirement the employee may receive a monthly VSRS benefit. These payments are divided into the employee's share, which is five percent of the annual salary, and the employer's share, but each share is paid by the county as one of the employee's benefits. An employee must be a member of VSRS five years to become vested. Vested members are entitled to receive VSRS benefits upon retirement. An employee may receive full or partial VSRS benefits depending upon age at retirement. If an employee terminates service with the county before retirement, he or she may be able to withdraw the employee's share depending upon VSRS membership date and the pro- visions of the VSRS. A detailed explanation of VSRS is provided in the member handbook. Copies of the handbook can be obtained in the Department of Human Resources Law enforcement officers (LEO) and firefighters are also eligible for the same benefits as provided by the State Police Officers Retirement System (SPORS), which is administered by VSRS. Contact the Department of Human Resources for additional information regarding this benefit. F. Social Security A deduction for Social Security is taken out of each employee's salary and a contribution for each employee is made by the county. These payments are then credited to each ~loyee's account. All payments made to Social Security by the employee and his or her employer are totaled and determine the amount of Social Security benefit which will be received upon retirement. G. Employee Assistance Program (EAP) The Employee Assistance Program (EAP) is provided as a benefit to employees and their immediate family members. The EAP is available to assist employees and their families resolve personal problems which may affect their work. The program is completely confidential . H. Other Benefits The county provides other benefits in which the employee may voluntarily participate. Such benefits include the Beneflex Program which allows an employee to apply "pre-tax" dollars towards medical and dependent care expenses. The Deferred Compensation Program is another voluntary benefit which allows employees to defer paying taxes on a portion of their salary by applying it towards savings. Contact the Department of Human Resources for additional information including enrollment in these benefits. 43 C HAP T E R I X L E A V E S O F A B S E N C E A. Annual Leave 1. Gaining Credits Annual leave is based on and is applied biweekly applied according to the Number of Years of Service number of years of continuous service, to the employee's record.* Leave is table below: Annual Accurtnalation Biweekly Acct,m~ulation* less than 5 12 days 4 hours more than 5 but less than 10 15 days 5 hours more than 10 18 days 6 hours *Note: Leave credits are only applied biweekly 24 times per year. Leave credits are not applied two times per year when there is a third payday during a month. 2. Accumulation Annual leave credits may be taken in increments of one quarter hour (fifteen minutes). Credits are applied biweekly to the employee's record and are available for use by a non-proba- tionary employee after they are applied. Absences with pay due to annual leave, sick leave, civil leave, military leave or other types of paid leave do not affect the annual leave accumu- lation. However, leave will not accrue for any unpaid absence of forty hours (five days) or more, per biweekly pay period. This includes a new employee or an employee who is leaving county service or an employee who is on leave without pay. Annual leave credits will accrue to all employees serving a pro- bationary period but these employees may not use annual leave until they have completed the required six months probationary period. For those serving an extended probationary period, annual leave may be taken after the initial six months. If a probationary employee must be absent for personal reasons, the supervisor may approve a leave without pay. However, all leave without-pay provisions described in this handbook will apply. Annual leave credits may be accumulated not to exceed 240 hours (thirty days) at the date of separation or at the end of any fiscal year (June 30). If an employee is required on the job, the annual leave may be accrued and carried over in excess of thirty days, with the approval of the appropriate department head, or other official, and concurrence by the Director of Human Resources. If an employee is required on the job in one of the constitutional offices, the appropriate constitutional officer may approve a carryover of annual leave in excess of thirty days. 45 3. Scheduling Annual Leave Although annual leave is a benefit for the err~loyee, it should be scheduled so as not to interfere with the ongoing work effort. Therefore, all annual leave must be requested and approved not less than three working days in advance by the immediate super- visor. (In some operating departments, annual leave must be requested more than three days in advance. The immediate super- visor will notify the employee if a longer submission time applies.) No annual leave is granted in anticipation of future annual leave credits. 4. Annual Leave Upon Termination Employees who terminate their employment with the county are entitled to payment for annual leave up to the maximum accrual rate of 240 hours (thirty days). This includes retirement, voluntary resignation or discharge. Payment is included in the employee's final pay check and may not be obtained until all county equipment is returned to the appropriate department(s). In the case of the death of an employee, the unused annual leave credit will go to the estate. An employee must give a two weeks notice of resignation. Any annual leave taken during this time must be approved by the immediate supervisor and must not interfere with the ongoing work effort of the department. 5. Holidays During Annual Leave Any scheduled holiday that falls during an employee's annual leave will not be charged to that leave balance. B. Sick Leave 1. Accumulation All regular and probationary employees are provided with 120 hours or fifteen days of sick leave per year. Leave credits are applied to the employee's record at the rate of five hours biweekly.* Sick leave credits may be taken in increments of one quarter hour (fifteen minutes). Credits are available for use by regular and probationary employees after they are applied to the employee's record. Absences with pay due to annual leave, sick leave, civil leave, military leave or other types of paid leave do not affect the sick leave accumulation. However, leave will not accrue for any unpaid absence of forty hours (five days} or more, per biweekly pay period. This includes a new employee or an employee leaving county service or an employee on leave without pay. 46 Sick leave credits accumulate and accrue from one fiscal year to the next. There is no maximum on the amount of hours allowed to accrue. *Note: Leave credits are only applied biweekly 24 times per year. Leave credits are not applied the two times per year when there is a third payday during a month. 2. Justification for Use of Sick Leave Sick leave may be used to cover any abserx-e from work which results from a personal illness or injury, exposure to a con- tagious disease where the employee's presence would constitute a hazard to fellow employees, appointments related to health when these appointments cannot be reasonably scheduled during non-work hours, or illness of the spouse, children, parents, and other relative living in the employee's household. The period of absence which may be charged against sick leave is three days for any one family illness, and a maximum of six days in the fiscal year. In unusual circumstances, the Director of Human Resources may extend the three day limit, or the six day fiscal year limit upon recommendation of the supervisor (except for employees in the constitutional offices). The appropriate constitutional officer may approve an extension of the three day or six day fiscal year limits for employees under their supervision, following the guidelines for sick leave. Sick leave may also be used to cover absences caused by or related to maternity and paternity (including the adoption of children). For more information concerning maternity and paternity, see Chapter IX, D. Sick leave may be used to cover any absence from work caused by the death of the employee's spouse, or the employee's or spouse's children, brother, sister, parents, grandparents and other relative living in the employee's household. The period of absence which may be charged against sick leave is three days for a family death, and a maximum of six days in the fiscal year. In unusual circumstances, the Director of Human Resources may extend the three day limit, or the six day fiscal year limit upon recommendation of the supervisor. The appropriate constitutional officer may approve an extension of the three day or six day fiscal year limits for employees under their supervision, following the guidelines for sick leave. 3. Verification and Notification The immediate supervisor has the right to request verification of absence reported as sick leave by requiring the certificate of a physician. In the event of sick leave, all employees shall notify their immediate supervisor not later than the beginning of the shift. (In some operating departments, a longer notification period may be required. The irrrnediate supervisor will inform the employee of the longer notification period if this situation applies.) Failure to notify the supervisor of an absence, except in an emergency situation, is considered grounds 47 for discipline. 4. F~ctended Illness or Disabili If it is evident that an employee will be out of work for a pro- longed illness or disability, the employee must submit a physician's statement to his or her immediate supervisor which estimates the probable duration of the illness or disability. The employee must use accrued sick leave, annual leave, or leave without pay in accordance with Section G, to cover his or her absence. 5. Worker's Compensation Leave All accidents which arise out of work or occur while at work must be reported to the immediate supervisor as soon as possible. If the accident requires medical attention, the cost is covered by Worker's Compensation Insurance (for more information on this insurance, see Section VIII). 6. Sick Leave Bonus and Sick Leave Awards When an employee leaves county service, he or she is eligible to be paid for all unused sick leave credits. Upon resignation, the employee is paid $1.25 per unused sick hour ($10 per unused sick day) up to $2,400. CTpon retirement, the employee is paid $2.50 per unused sick hour ($20 per unused sick day) up to $4,800. In order to receive payment, the employee must return all county property. All payments for unused sick leave must be certified by the Department of Human Resources. Employees who are absent on sick leave 24 hours (three days) or less are recognized for their accomplishment through the Attendance Award Program. The Department of Human Resources has further details on this program. 7. Abuse of Sick Leave Sick leave is provided to the employee as an aid in time of need and should only be used when necessary. It is to the employee's advantage to use sick leave with care to prevent financial hardship which might result from loss of pay during an extended absence. For this reason, sick leave pay will be denied to any employee who is found guilty of making a false statement of sickness or otherwise abusing the sick leave privilege. Abuse of sick leave is considered grounds for discipline. C. Military Leave Any regular employee entering military service will be granted a leave of absence. This leave is granted in accordance with federal regulations for active military duty and participation in a reserve unit. 48 ,~i~ ~a~~.~ ~i~ f~ Self z~~-~ A regular employeeienteri~g active duty, is entitled to military leave without pay and to reinstatement in the position he or she would have held having remained in county service. fT is policy applies to those who normally serve not longer than years. Returning veterans must apply to t~he~ county no more than ninety calendar days after discharge ~ and must present a certificate of s~~'+~~ s discharge in order to be reinstated. ~o~ ~aensz. u~dQ• honatxb~ c~~d.+;one, Any regular employee who enlists in the National Guard, Naval Militia, or reserve unit of the Armed Forces, is entitled to a leave of absence without pay for the period of the initial training, and for all other periods connected with the initial training. Regular employees are also entitled to a leave of absence without pay during weekend drills when these conflict with work schedules, and during any reserve training other than the time of annual training. An employee who is scheduled for a pre-induction physical will be given a leave of absence with pay for the time of the physical or not more than the length of the normal shift. A regular employee who is a member of the National Guard, Naval Militia, or a reserve unit of the Armed Forces is entitled to a leave of absence with pay during the time of his or her annual training. Pay will be provided for annual training for up to fifteen work days per federal fiscal year (October 1 - September 30), regardless of whether the training is fragmented. A regular employee who is a member of the National Guard or Naval Militia is entitled to leave with pay during the period of emergency call-up, ordered by the Governor, pursuant to Section 44-75 of the Code of Virginia. In order to be eligible for a leave of absence from the job (whether paid or not paid), the employee must present a copy of the official military orders and submit a leave request form to the immediate supervisor. A copy of the orders and a copy of the leave request form must be forwarded to the Department of Human Resources. D. Absences for Maternity and Paternit The period of time an employee is medically disabled resulting from a pregnancy-related condition is treated as any other illness or disability described in this chapter. This period of time may be charged to earned sick leave credits as long as the employee provides a physician's statement certifying the period of medical disablilty. As a benefit, the County of Roanoke also allows employees to charge absences resulting from maternity or paternity to earned sick leave credits following the birth or adoption of a child. Absences are for a period not to exceed six weeks and solely for purposes of child care or during the bonding period, which is the period of time the employee must be off from work to be with the child. In order 49 to request this maternity or pal~ternity leave, the employee must obtain a physician's statement or a statement from the adoption agency which indicates the amount of time (up to six weeks) which is necessary for the bonding period or for child care purposes. This statement must be submitted to the immediate supervisor thirty days in advance of the requested absence. Following the immediate supervisor's review and approval of the absence, notification is sent to the Department of Human Resources. In cases of maternity or paternity leave, should an employee exhaust accummulated sick leave credits, the employee may charge this absence to accummulated annual leave, compensatory time, if eligible, or leave without pay, following the guidelines described in this chapter. Educational Leave Employees may be required by their supervisor to attend training which will promote their general job knowledge. When an employee is required to attend such training, he or she will be given a paid leave of absence and the county will pay for expenses in connection with attendance. Under certain circumstances, an employee may be permitted to take certain hours off from work with pay for educational purposes, or to obtain certification not required by the employee's job description. The request for time off for optional training or voluntary certification must be submitted in writing, and approved by the immediate supervisor before beginning any training or course work. It is the policy of the county to reimburse the employee whenever possible for job related courses or training. Reimbursement pro- cedures are covered in Chapter X, A. F. Civil Leave -f ~, ,NyO :o sJr~+~onQ.~ oY any p9~'s~ ¢~(;~p-i ~. o1e~v~r Any regular employee feel to serve on jury duty ~ ~ • shall be entitled to civil leave with pay. If the employee receives a payment for civil ~''""'O'~' duties, it must be turned in to the Payroll Office. When an Su~'~ employee is only reimbursed for travel expenses, he or she may keep #° ~~' the payment. If the employee chooses to charge civil days to annual ~ ~'°t~'t~ ~ leave the to ee ma kee an a t. The to ee ma not use ~~ ~'~`'~`' ~P Y Y P Y P Y~ ~ Y Y c:.a~5~ i~ #' civil leave if he or she is the p~~, defendant, in ~~ ~xd a court case. In this case, the employee must then charge the absence to annual leave or compensatory time, if eligible, or leave without pay. Civil leave may not exceed the actual time required. Any additional time off on the same day must be charged to annual leave or compensatory time, if eligible, or leave without pay. The immediate supervisor must be notified.of any scheduled civil leave and the leave request form must be completed. A copy of the civil leave request must be forwarded (to the Department of Human Resources. ~-r~onabl~ ~KXta~ 0-~`1~-irr~ ~n ad~~o~~. 50 G. Leave Without Pay In addition to military leave and educational leave, the immediate supervisor may grant leave without pay. Leave without pay may be granted for a period or periods not to exceed 180 calendar days for the purpose of extended illness or for personal reasons. However, there is no obligation to grant leave without pay. If leave without pay is approved, the employee will not accumulate additional leave credits during the time on non-pay status if longer than forty hours. The employee will not receive pay for any holidays which fall during that time. While on leave without pay, the employee may continue his or her health insurance coverage if on leave without pay longer than one pay period by payment of the employee and county shares of the premium. If the employee is covered by the Virginia Supple- mental Retirement System, the employee must pay the employee's share of the life insurance premium. H. Holiday Schedule The following listed days shall be observed as holidaya: New Year's Day Lee-Jackson-King Day George Washington Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day January 1 3rd Monday in January 3rd Monday in February Last Monday in May July 4 1st Monday in September 2nd Monday in October November 11 4th Thursday in November Friday following 4th Thursday in November ~ December 25 and any day so appointed by the Board of Supervisors or the Governor of Virginia as a legal holiday or for state or county offices to close. The Board of Supervisors reserves the right to amnend the holiday schedule at any time and increase or decrease the number of holidays observed. For those offices that remain open on designated holidays or do not otherwise follow the established holiday schedule, the total number of employee-paid holidays shall not exceed eleven days or eighty-eight hours. Any additional days appointed by the Board of Supervisors or Governor of Virginia as a legal holiday or for state or county offices to close will be added to the eleven day maximum for these offices. ~,~ „--,gyn.-„~ When a holiday falls will be observed. following the holiday on Saturday, the When a holiday will be observed, Friday preceding the holiday falls on Sunday, the hbnday 51 All regular employees, classified and unclassified, are eligible to receive compensation for the observed holidays. Haaever, an employee must be on pay status the day before and the day after the holiday to receive holiday pay. Dnployees who are on leave without pay on the work day immediately preceding or following a holiday will not be entitled to the privileges of that holiday. Those employees who are listed as part-time or temporary are not eligible to receive pay for holidays. Those county employees who work on holidays because of their duties or assignment will be compensated following guidelines found in Chapter VII. 52 C HAP T E R X S P E C I A L O P P O R T U N I T I E S A. Educational Aid It is the policy of the county to reimburse an employee for course work or training which will aid in the present position or enable the employee to be promoted to a higher position (note: completion of training does not guarantee a promotion). This will include coursework or training completed after work hours, or, in certain limited instances, those completed during work hours. In order to be reimbursed, the course must be approved in advance of enrollment by the immediate supervisor and the department head, constitutional officer or other county official. The employee must make a satis- factory grade (C or above) and will be reimbursed upon presentation of this grade. Reimbursement is dependent upon funds in the given department's budget. All efforts will be made to reimburse an employee. However, there are instances when reimbursement is not possible due to lack of funds. At the time of course approval by the supervisor, reimbursement will be determined. In the event of limited funding, reimbursement will be provided by the department on a first request basis. Textbooks and other supplies may also be reimbursed after satisfa:~tory completion of the course. However, if the county pays for the textbook, it becomes the property of the county. B. Credit Union All county employees are given the opportunity to participate in the credit union. The credit union is a non-profit financial organi- zation which is owned and operated by its members. Mernbers are offered a variety of benefits and services including low interest loans, dividends and family memberships. Credit Union transactions are handled through the Norfolk & Western Credit Union. C. Recognition Programs The Employee Recognition Program recognizes and awards employees for their years of service with Roanoke County. Employees are honored annually by the Board of Supervisors, normally at a Board Meeting, and are recognized for five years of service with the county and subsequent increments (10, 15, 20, 25, 30, 35, and 40). Upon com- pletion of at least twenty years of service, a retiring employee receives a $100.00 United States Savings Bond. The Employee of the Year Program recognizes that county employee who displays outstanding job performance during the calendar year. For further information on this program contact the Department of Human Resources. D. Employee Advisory Committee The Employee Advisory Committee is a group of employees elected to serve a two-year term. The committee is a means for all employees to make suggestions concerning personnel policies or other employee concerns. Committee members welcome input from employees. A current listing of F~nployee Advisory Committee members is available in the Department of Human Resources. 54 E. Cost Savings Program Employees are encouraged to participate in the Cost Savings Program by submitting cost saving ideas for the county. A representative from the Employee Advisory Committee, the Assistant County Admin- istrators and the Director of Human Resources will review all suggestions and make recommendations to the County Administrator for monetary awards on the basis of cost savings to the county. The final determination for awards is made by the County Administrator. F. Personal Problems and Employee Assistance The county realizes that an employee cannot be happy or perform well at work if he or she is troubled with personal problems. The Employee Assistance Program (EAP) is available to assist the employee or an immediate family member with personal problems. The employee may use the program as a self referral or may be referred to this program by a supervisor. This referral is in strict con- fidence and ~s not connected with the county disciplinary process. For more information on the EAP contact your supervisor or the Department of Human Resources. 55 C HAP T E R X I R E S P O N S I B I L I T I E S A. Conflict of Interest In keeping with the Conflict of Interest Act, Chapter 40.1 of Title 2.1 of the Code of Virginia, county employees are prohibited from using information gained while performing their job to further their own personal interests. There may be some county employees who are required to file a statement of their interests as prescribed by county ordinances or state law. B. Confidentiality of Records Many county employees will work in capacities where confidential data concerning the plans and affairs of the department or of indi- viduals will be handled. It is of great importance that employees not discuss such plans or records with persons not authorized to have access to them. If there is a question as to whether the information should be released, then the inquirer should be referred to the appropriate department head, constitutional officer, or other county official. C. Gifts County employees are in a position of public trust and cannot accept gifts, gratuities, favors, or rewards for any services performed in connection with county employment. In addition, it is unlawful to solicit, offer, or accept money or anything of value in exchange for an appointment, promotion, or special privileges with the county. These limitations are not intended to prevent employees from accepting articles of negligible value which are distributed generally. D. Outside Employment While outside employment is not prohibited, that employment must not interfere with the performance of one's job or conflict with one's responsibility to the county. Prior to any outside work (either self employed or as an employee), an employee must complete the Outside Employment Approval Form, furnished by the Department of Human Resources. This form must then be submitted for approval by the appropriate department head, constitutional officer, or other county official. Once approved, the form will be forwarded to the Department of Human Resources and maintained in the employee's personnel file. If at any time it is determined by the approving authority or the Director of Human Resources that the outside employment is harmful to the efficient performance of the employee's daily assignments, or if a conflict of interest exists, the employee must discontinue the outside employment or resign his or her position with the county. E. Political Activi Employees of the county serve all county residents equally. The political opinions or affiliations of any resident will in no way affect the amount or quality of service received from the county. 57 An individual's political affiliation, preference, or opinion will in no way influence appointment, retention, or promotion of a county employee. A county employee may not campaign for office for himself or herself, for other persons, parties, or organizations or display campaign posters or solicit campaign funds on county time or on county property. F. Conduct and Appearance An employee, upon accepting employment, accepts an obligation to conduct himself or herself at all times as a representative of Roanoke County. This is especially important for those employees required to be in uniforms or operate county vehicles, as these employees are more visible to the public. As a general standard, neatness and good taste in dress are requested as well as neatness in work areas. G. Personal Use of County Time and Equipment The county provides telephones for all employees who need them in conducting county business. The use of county telephones for personal calls is a practice to be avoided if at all possible. Personal calls should not be made or received that will interrupt or interfere with the employee's work or either prevent or hinder the use of the telephone for county business. Unauthorized removal of county equipment or property from the premises or the use of county equipment or property for personal reasons is prohibited. It is expected that employees will report to work and make every effort to use time wisely in the completion of assigned duties. Employees will not use county time for personal reasons. This will be considered time theft and will be treated as such. An example of time theft might be performing or asking another employee to perform personal typing or any other unrelated work. In keeping with this policy, "visits" between departments or offices while working prevent other employees from completing their duties and are also considered time theft. H. Solicitation No solicitations shall be permitted in any county buildings except by individuals holding a valid solicitation permit from the county pursuant to Chapter 19 of the Roanoke County Code and with the advance written permission of the county administrator. The county administrator may establish such reasonable conditions for such ~ solicitation including time and frequency restrictions as necessary not to unduly interfere with the conduct of county business. County employees are not permitted to solicit other employees or members of the general public either for the sale of items for personal gain or during regular office hours. 58 APPENDIX A O R G A N I Z A T I O N A L C H A R T 59 ~` ~° __ '~ ~~ V W ~ W 00 C W C OC ~ v N v W ~ 02 ~ Z ~ ~z~ ,~ o~< ~~~ ~ o ~O~ _ 6 Z ~ W vo3 ,~ Z W ~ f W p vOOuv=iF°C- U ~ W N 4. N C C ~ C ~~ ~ ~m ~~s. ~ ~, Z ~ d ~ a ~ ~ ~ ~c ~^ a z ~ ~ ~ ~ ~ o ~ - z A ~~ d = < ~ E~ Y ~ " ~ m ~ W ~ d A~ r O~ z ~ .. ...... ...... ~z 2 L C ~ ~ K N W A ~ S y _ ~ ~~ ~ W Z CC J Q ^y ~ N Q ~ Ui Z pC ~ ua C Z ~ ~ O W d C ,O 00 Z - O ~ H N ~ C V ~ .°° ~~°z ~~ ,~ ~ d~~ Z o< ~. a F- ~ Z O W O > V~ u~ N ~ Z Y Z ~~ ~ ~ o Q °a O 60 APPENDIX B S A M P L E G R I E V ANC E F O R M S ( 3) 61 DETERMINATION OF GRIF,VABILITY REQUEST Grievant Nature of Grievance FORM A Grievability Determination Requested By: Grievant Date or Management Date Decision Grievable Not Grievable Reason (only if not grievable) County Administrator Date Appeal I wish to appeal the decision on grievability. Transmit to the appropriate circuit court your decision on grievability as required by law. Grievant Date 62 GRIEVANCE FORM Grievant FORM B Position S Department Date Submitted Date Grievance Occurred Nature of Grievance Specific Relief Expected First Step Remedy Department Head Date This Decision (is) (is not) Acceptable. Grievant Date Second Step Remedy Asst. Co. Administrator/Constitutional Officer/Other Official This Decision (is) (is not) Acceptable. Grievant Date Third Step Remedy County A ministrator Date This Decision (is) (is not) Acceptable. Grievant Date 63 n ~ ~ ~ PANEL HEARING Grievant Nature of Grievance FORM C Date of Submission Reason for Requesting Panel Hearing Decision of Panel Hearing Date of Hearing Place of Hearing Panel Members: Issue: Findings of Fact: Decision: Signed Panel Member Panel Member Pane 1 Member 64 r ~' ~ _. -. CAVE SPRING P. O. BOX 1686 November 21, 19IIB Thomas C. Fuqua, Chief Fire and Rescue Departrnent 3568 Peters Creek Road. t1. W. Roano}ce, Virginia 24019 Dear. Chief Fuqua: During the last meeting that C the members of the Board of Supe of the board members that I thi comment related to the sale of Spring Rescue .Squad on Westmorel of the sale to help reduce the o Although the adjacent parcels purchased by the crew to facilil Brambleton Ave, site, it became purchase of the first house would not lend themselves to e~ site. It was decided then to for additonal parking and barbecG house has become an important s equal roughly to the arnount that allocated funds to the crew for e The second house was purchase _rental income to retire the mort replacement of one of our vehic parcel was retired with proceeds the Cave Spring Area caith a vehicle. It is for these reaso that it can sell these. properti new building. 4~1e badly. need to rl estimated cost of 5125,000. If special allocation for the truck s sell the real estate and apply the of the new building, EMERGENCY 387-0211 ROANOKE, VIRGINIA 24006 ip Decker and I had with you and visors a comment was made by one k needs some clarification. The e'al estate owned by the Cave nd Avenue and using-the proceeds tlay for-the new building. of property.. were originally ate the expansion of the present apparent to the crew after the that the topography of the sites pansion of the Brambleton Ave use the rear portion of the site e pit area. Since that tirne the ource of revenue for the crew, the County provides through its ~uipment purchases. l with the thought of using its rage and build a fund for the es. The. mortgage on the second rom a fund drive conducted in stated purpose of buying a new s that the crew does not feel s and use the proceeds for the place one of our vehicles at an the board would like to make a e c•~ould of course be happy to funds to the construction cost We would like for you to be aware of the magnitude of volunteer services at Cave Spring.Last year we responded to 1200 calls. Each year we raise 590,000 on a break even budget to buy new ambulances, furnish supplies, atzd operate a 40 person squad capable of handling multiple emergencies simultaneously. The average member spends twelve hours on call and three i'tours in class or meetings each week. Each call lasts an average of 1 1/2 hours with additional time for paper work and restocking. The calls come at some of the worst possible times; after the member is asleep, during snow storms, on holidays, etc. During this time the member is placed under considerable stress both emotionally and physically. The day to day experiences of the volunteer give him a first hand knowledge of the true meaning behind some of the more common cliches of our time; "burned beyond recognition" takes on more meaning when you are trying to resuscitate a fire victim; "shocked beyond belief" just begins to describe the way you feel when you see the results of child abuse; "madder than hell" is a Sunday school expression when you have seen a teenager's face driven through the windshield of his dad's car propelled 6y alcohol and youth; "fit to be tied" is an inept description of a volunteers frustration when treating the overdosed patient; and "the big one" really is far a middle age guy with severe unremitting chest pain, nausea, vomiting and profusely sweating. It is therefore with a real understanding of the meanings of overused, stereotypical expressions that I wish to thank you and the members of the Board of Supervisors for your generous support in building a new headquarters for the Cave Spring First Aid and Rescue Squad, Inc. Thank you genuinely and sincerely. I doubt that there is anything quite like being a volunteer except perhaps being on the Board of Supervisors. Being underpaid, overworked, unaprreciated and sometimes abused is a good background to have when considering the needs of volunteer rescue squads. Very truly yours, Robert N. Cox, President ROANO °~ ~ ~~~ C~u~un~ ~ ~ ~~ ~ 2 a 18 ~5Q ~~ FIRE AND RESCUE DEPARTMENT YEA pS SFSQUICENTEts~~p'~• T. C. FUQUA A BeautifulBeginning CHIEF M E M O R A N D U M T0: Board of Supervisors FROM: Chief T. uqua DATE: tovember 21, 1988 SUBJECT: Information Summary - Cave Spring Rescue Squad Funding Request The following summary is provided for consideration in your decision making process concerning Cave Spring Rescue Squad's request for funding: 1. The rescue squad proposes a two-story facility providing 8,000 square feet of space. Optimum dimensions 80 feet by 50 feet. Projected cost is approximately $500,000. 2. The rescue squad has previously agreed to pay the architectural/engineering costs for the project. Also, they have agreed to transfer ownership of the existing parcel of land to Roanoke County if the County chooses to construct the facility. 3. The two houses owned by the crew will not be a part of this transaction. It is the organization's intent to sell these properties and use the proceeds to purchase a rescue truck. 4. Early in the process, attempts were made to secure a different site with the intent being to sell the current site and use profits for construction. 5. On November 9, the Board directed that I work with John Willey and Cave Spring Rescue Squad representatives to explore other available sites. After considering available sites, Mr. Willey and I proposed the use of a County-owned site located at Valley Forge Avenue and Brambleton Avenue. If used, the existing site could be 3568 PETERS CREEK ROAD, NW, ROANOKE. VA 24019 (703) 561-8070 Board of Supervisors Page 2 November 21, 1988 sold for approximately $140,000 with the profits being used to help offset the construction cost. Cave Spring personnel agree with this approach. Should the Board choose to proceed with this suggestion, then you may want to consider a cap of $300,000 additional funding. 6. The construction of this facility is the next priority on the Fire and Rescue Department facility improvement list. ps Mr. Elmer C. Hodge, County Administrator County of Roanoke P.O. Box 29800 Roanoke, Virginia 24018-0798 Dear Mr. Hodge: This letter is written on behalf of the volunteer members of the Cave Spring First Aid and Rescue Squad, Inc. We wish to thank you and the members of the Board of Supervisors for your favorable response to our request for assistance in the construction of a new headquarters building for our crew. Over the past year we have appreciated working with you and Tommy Fuqua in finding the most efficient way of solving our growing space and functional problems with our present building. As you are aware our present building was constructed with limited funds donated by members of the community in 1966 and our day room was rendered untenantable in an accident in November 1987• The inadequacies of our present building include lack of space to house our vehicles, lack of sleeping quarters for men or women, no day room for standby operations, functional obsolescence of the HVAC and plumbing systems and lack of storage space. The crew appreciates your realization that it is vitally important for the continued success of the organization in retaining present members and recruiting new members to replace the existing facility with one of modern design and adequate space. Over the past year the crew has at your request explored numerous alternative sites for a new building. We have attempted to acquire the land next to Company 3 owned by Ike Sutphin but have encountered an unwilling seller. Owners of nearby vacant parcels approached include Oakeys funeral home, Pauline Eaton, Ann Hamilton, Appalachian Power and several church groups. For the most part we have encountered either unwilling sellers or inadequate sites. Considering the alternatives our present site offers many advantages. First we own the site and its acquisition would not cost the citizens of the county anything. Secondly the site is nearly level and is improved with public sewer, water, and storm drainage, fronting on a newly expanded 5 lane highway. Finally and most important, the locations is near the center of the geographic area that we serve. Proximity to the intersection of Route 419 and Brambleton Ave is crucial for achieving rapid response to the citizens who need our help. In order to meet the needs of the crew and the citizens it serves most expeditiously the crew has employed an architect to draw plans and construction documents for a new building of aproximately 8000 square feet and its furnishings, to be completed and ready for bid by January 1, 1989. As soon as the county has accepted a bid for the construction of our new facility we will transfer ownership of our parcel of land fronting on Brambleton Avenue to the Board of Supervisors, with a deed restriction granting us use of the building in perpetuity. Thank you again for your support and cooperation in this untertaking. Sincerly, Robert N. Cox, resident ' ` Cave Spring First Aid and Rescue Squad, Inc. cc: Mr. John Molomphy of aoaro ~.~ ~• A Z J ? a 18 E50 ~ 88 S~s~U1CENTENN~P~ A BeautifulBepinning November 16, 1988 Thomas C. Fuqua, Chief Fire and Rescue Department 3568 Peters Creek Rd, N.W. Roanoke, VA 24019 Dear Chief Fuqua: JOHN D. WILLE DIRECTOR OF REAL ESTATE ASSESSMENTS In regard to our meeting yesterday with Mr, Robert Cox, President of the Cave Spring Rescue Squad, I should like to offer several observations. These are, of course, in reference to the possible relocation of the Cave Spring Rescue Squad, Sites available in the response area are at a premium and on Brambleton Avenue, square foot prices for un-improved sites are $4 to $6, The cost of acquiring an appropriate site under the guidelines outlined in our conversation could easily exceed any revenues to be expected from the sale of the present site. While the present site is in a commercially desirable area, there are a number of factors that adversely affect the potential sale of the property, The present site has limited commercial road frontage and excess depth. The visibility of the lot is poor going East on Brambleton due to a high bank and a commercial structure. An easement to a property in the rear reduces the usable area of the lot and would be transferred when sold as an encumbrance. Furthermore, the improvement is a special use structure and would not easily lend itself to other than certain specific commercial uses. One of the principles of real estate valuation is that of value in use versus value in exchange, and in this instance, the value in present use and replacement cost will probably exceed market value. This is not to say that certain potential users will not pay dearly to acquire this site in spite of these negatives, Local banks and fast food restaurants have shown a lot of interest in the Brambleton Avenue area and it is quite possible that a potential purchaser could be found in these specific users. From a locational and economic stand point of all the options we discussed with Mr. Cox, I find myself favoring the use of an existing County owned property as the best possibility to pursue. Primarily, the site is already owned by Roanoke County and is located in such a manner as to facilitate response time to any part of the coverage area. The site itself would lend itself to the type of structure planned to be erected and still have expandable capability for future improvements, All revenues from the sale of the present site could be directed at the structure and reduce the fiscal liability on the part of Roanoke County, C~A1tYit1~ i1~ ~A~t1tA~2P REAL ESTATE ASSESSMENT P.O. BOX 29800 ROANOKE. VIRGINIA 24018 (703) 772-2035 Page 2, November 16, 1988 While this suggested site is a part of the current parking area for the Roanoke County Administration Center, we all are agreed that continued County use as parking should prove to be no problem for the Rescue Squad. Taken in sum total of the cost to acquire a developable site, the expense of the improvement, the liability in terms of staff time and public safety, I feel this should be the alternative carried to the Board of Supervisors for action. If I may offer my services at any time in the pursuit of this project, please feel free to call on me. Sincerely, '1 John D. Will y, A. S.. A. Director of Real Estate Assessments JDW/pp PETITIONER: LUCY M. CLARK CASE N[~RBER: 47-11/88 Planning Commission Hearing Date: November 1, 1988 Board of Supervisors Hearing Date: November 22, 1988 A. RDQUEST 1 L~ L~ - Petition of Lucy M. Clark to rezone a 0.62 acre tract from B-1, Business to B-2, Business to bring the existing business into conformance with the zoning ordinance, located at 4145 West Main Street (Route 460) in the Catawba Magisterial District. B. CITIZEN PARTICIPATION No one in opposition was present at the Planning Commission Public Hearing. C. SIGNIFICANT IMPACT FACTORS 1. None. D. PROFFERF,D CONDITIONS 1. The property will not be used for car dealerships, public billiard parlors, poolrooms or commercial kennels. 2. Total signage not to exceed 300 sq.ft. No billboard signs to be erected on the property. 3. D~unpster will be appropriately screened. E. CODM4ISSIONER'S MOTION, VOTE AND REASON Mr. Winstead moved to approve the request with proffered conditions. The motion carried with the following roll call vote: AYES: Witt, Gordon, Robinson, Massey, Winstead NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS Concept Plan (8~" x 11") Vicinity Map (8~" x 11") ~/ Staff Report Other: Jon rtley, Alt Hate Secretary Roa o e County Planning Commission ~~ `v~ , .____,. j 9~+ -- ~y ~ '~ o 't In T ~l ~~ i ~ / -- /GS ~ a l ~~ ~_ J 1 h t e (((~~~ ~ ~ h' ~n « fi {l' ; ~ C °C R ~ w- ~ ~ b~ '' a~ /1~ -~~ i .\ ~y. ~ ~~ ~ r ,~j o -i z .~ ti 2 cY N ~. ~ ~_~ R~ .ruf, I ~ ~\ ~ b nl I ~~ I I' Y ~ - 2 - /~~-~ D NnRru .._..... pv... 4 _ `' ROANOKE COUNTY _ 3 _ c DEPARTMENT OF DEVELOPMENT STAFF REPORT ~~ ,~ ~--- f CASE NUiIBER: 47-11/88 PETITIONER: Lucy I~f. Clark RE','IE64ED BY: Dale Castellow DATE: November 1, X988 Pe:.ition of Lucy M. Clark to rezone a 0.62 acre tract from B-1, Business to B-2, Business to bring the existing business into co^formance with zoning ordinance, located 4145 HJest Main Street {R~ute 460) in the Catawba I~iagisterial District. 1. NATURE OF REQUEST a. This petition is a request to bring an existing nonconforming convenience store into conformance with the zoning ordinance to permit future expansion or, in the event of fire, reconstruction. The petitioner would also like to expand the existing use to include a family operated beauty parlor. b. Attached concept plan and zoning vicinity map describe the the existing site more fully. 2. APPLICABLE REGULATIONS a. The B-2, General Commercial District permits a variety of commercial and office uses. At this time the petitioner has not proffered any conditions which restrict the type of uses permitted on this site. Staff recommends that the petitioner proffer conditions prohibiting use of the site as a car dealership, public billiard parlor, poolroom or commercial kennel. b. Site plan review will not be required until such time that the petitioner expands the existing facility. 3. SITE CHARACTERISTICS a. Topography: Flat. b. Ground Cover: Primarily paved parking area with some mature grass. 4. AREA CHARACTERISTICS a. Future Growth Priority: Situated caithin the Glenvar Community Planning Area. Designated as a high growth area, currently served by urban services. b. General area is developed with assorted commercial, institutional and residential uses. This parcel fronts on U.S. 460. 5. LAND USE IPIPACT ASSESSIdENT Rating: Rate each factor according to the ir~pact of the proposed action. Use a scale 1 through 5. 1 = positive impact, 2 = negligible impact, 3 = manageable - 4 - l/~`~-µ~ impact, 4 = disruptive impact, 5 = severe impact, and N/A = not applicable. RATING FACTOR COiitiENTS LAND USE COriPATIBILITY 2 a. Comprehensive Plan: The 1985 Comprehensive Development Plan has placed this area within a Principal Industrial land use category. Petitioner's request is in conformance with both the land use plan map and applicable policies. Supporting retail uses, such as the petitioner's market, are encouraged within areas designated as Principal Industrial. 3 b. Surrounding Land: Property fronts on a heavily traveled major arterial highway and is bordered by single family residential and public service uses. 2 c. Neighboring Area: Assorted commercial, institutional, public sevice and single family residential uses. 3 d. Site Layout: Immediate access to the site is limited from U.S. 460. At this time, the petitioner does not anticipate any change in the existing site layout. If in the future, this site is expanded or reconstructed, site plan review will be required to ensure compliance with appropriate County regulations. N/A e. Architecture: 3 f. Screening and Landscaping: t-Sinimal screening and buffering is currently situated on the site. As indicated above, in the event the existing structure is modified, the petitioner must submit to site plan review. At that time petitioner will be required to comply with the screening and buffering provisions of the County's Zoning Ordinance. ? g. Amenities: Sufficient parking stalls are available on the site. 2 h. Natural features: No kno~~~n negative affect. TRAFFIC 3 i. Street Capacities: Using ITE trip generation figures, staff estimates that this establishment generates approximately 1500 vehicle trips per day. In 1986, ADT along U.S. 460 was 7,600. 3 j. Circulation: Until such time that the site is expanded or improved, this establishment dill continue to operate under its existing commercial entrance permit. U^ILITIES 2 k. Water: An existing use, adequate supply and distribution. - 5 - ~~~~~ ? 1. Sewer: An existing use, adequate treatment and transmission. DFAINAGE 2 m. Basin: Situated within the Big Bear Rock Branch drainage basin. NIA n. Floodplain: PUBLIC SERVICES 2 0. Fire Protection: Within established service standard. ? p. Rescue: Within established service standard. N;'A q. Parks and Recreation: N/A r. School: TAX BASE 1 s. - Land and Improvement Value: $86,965 - Taxable Gross Sales/Year: $1,000,000 - Total Employees: 6 - Total revenue to the County/Year: Approximately $11,000 ENVIRONMENT New Revenue $0 2 t. Air: 2 u. 47ater: 2 v. Soils: 2 w. Noise: 3 x. Signage: Petitioner has not proffered any conditions limiting the amount of signage permitted on the site. Petitioner has expressed a desire to erect one new sign for the beauty parlor and eliminate the two temporary signs currently located on the west end of the site. 6. PLAN CONSISTENCY This area in question is designated as Principal Industrial. The petitioner's request to bring an existing nonconforming convenience store into conformance with the County's zoning ordinance is consistent with this land use designation. 7. STAFF EVALUATION a. Strengths: {1) The proposal brings an existing nonconforming use into accordance with the zoning ordinance. - 6 - ~~~~ ~ b. Weaknesses: (1) Currently, minimal screening and buffering is maintained on the site. c. Suggested Proffers: (1) Staff suggests that the petitioner proffer conditions restricting the type of land uses permitted on the site. For example, staff suggests that uses such as car dealerships, public billiard parlors, poolrooms or commercial kennels are not appropriate for this site. (2) Staff also suggests that the petitioner proffer conditions restricting the amount of signage permitted on the site. {3) The staff also recommends that the petitioner proffer appropriate screening for the existing trash dumpster. - 7 - VIRGINIA: BEFORE THE BOARD OF SUPERVISORS OF ROANOKE COUN'T'Y A _ ==1- acre parcel of land, ) generally located - ) within the ~! ~~~ ~+~ t , ~ .. ~/ , ) PROFFER ~- ~ - . r;• . ) OF Magisterial District, and ) COND--- ITIOIVS recorded as parcel # `~ ` ~ , in the Roanoke County Tax Records. ) TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY: l/ ~'~-° ~ Being in accord with Sec. 15.1-491.1 et seq, of the Code of Virginia and Sec. 21-105E of the Roanoke County Zoning Ordinance, the Petitioner hereby voluntarily proffers to the Board of Supervisors of Roanoke County, Virginia the following conditions to the rezoning of the above-referenced parcel of land: The property will not be used for car dealerships, public billiard parlors, poolrooms or commercial kennels. Total signage not to exceed 300 sq.ft. No billboard signs to be erected on the property. Dumpster will be appropriately screened. Respectfully suL'mitted, ~~~ ~ ~ iti er - 10 - BE IT FURTHER ORDERED that a copy .of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. ADOPTED on motion of Supervisor McGraw following recorded vote: and upon the AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett I~YS. None ABSENT: None Deputy Clerk cc: File Roanoke County Board of Supervisors Arnold Covey, Director, Development & Inspections Dale Castellow, Acting Director, Planning John Wiley, Director, Real Estate Assessment - 9 - I 1 ~~-1 VIRGINIA: BEFORE THE BOARD OF SUPERVISORS OF ROANOKE COUNTY A ~ ~ ~ ~ acre parcel of land, generally located ~-~ i =a _~~; within the ) ~~ ORDER Magisterial District, and ) recorded as parcel # .... ) in the Roanoke County Tax Records. ) N '--i ~ THE HONORABLE SUPERVISORS OF ROANOKE COUNTY: ~:_~ .: ti-- . WHEREAS, , your Petitioner ~~~% c ~ ~ ~ y. did petition the Board of Count Su ~ Y Pervisors to rezone the above referenced parcel z a rom ~ -~ ~ ~ ~ ,-_ ~ District to C ~. ~ '~ ~'~`' ~ ~ District o for the purpose of bringing the existing business into conformance with ~ the zoning ordinance Q w o WHEREAS, after due legal notice, the Planning Commission did hold a public hearing of the petition on November 1, ~ 19 88, at which time, all parties in interest were given an opportunity to be heard; and WHEREAS, after full consideration at the public hearing held on November 22, 19 88 , the Board of County Supervisors determined that the rezoning be approved with proffers. NOW, THEREFORE, BE IT ORDERED that the aforanentioned parcel of land, which is contained in the Roanoke County Tax Maps as Parcel ~~ 54.04-1-14 in Deek Book 1218 and recorded Page 1866 and legally described below, be rezoned from B-1 District to B-2 w/conditions District. - 8 - VIRGINIA: BEEiORE THE BOARD OF SUPERVISORS OF ROANOKE COUNTY A ~~~_ acre parcel of land, ) generally located _ ~ i ~! . ,~ :.~. _, ) within the ~,~._,~ ) Magisterial District, and recorded as parcel # ~ -~ , -; .._ ) in the Roanoke County Tax Records. ) RECOMMENDATION TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY: ll~'~--~ WHEREAS, your petitioner j,,,, t.~.C ~y ~ ;r has filed with the Secretary to the Planning Commission a petition to rezone the above-referenced parcel of land from (',- ~`t ' `'`~ ' ` District to ~ ,. ~ ~ ^ District for the purpose of , ~. ~ ~ `Sf i _- ~C G' ~ WHEREAS, the petition was referred to the Planning Commission which, after due legal notice as required by Section 15.1-431 of the Code of Virginia of 1950, as amended, did hold a public hearing on November 1, 19 S8 ;and WHEREAS, at that public hearing all parties in interest were afforded an opportunity to be heard; and WHEREAS, the Planning Commission, after due consideration has reconanended to the Board of County Supervisors that the rezoning be approved with conditions. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the Board of County Supervisors that the above-referenced parcel of land be rezoned to B-2, Business with proffered conditions. The above action was adopted on motion of Wayland Winstead and upon the following recorded vote: AYES: Witt, Gordon, Robinson, Massey, Winstead NAYS: None ABSENT: None Respectfully submit d, Alt ate Secreta y Roa oke County Planning Commissic ~ ~ PETITIONER: FRALIN & WALDRON INC. CASE N[]MBER: 46-11/88 ~ ,_. ~!:_ ~. Planning Commission Hearing Date: Novemaer.l, 1988 Board of Supervisors Hearing Date: November 22, 1988 A. RD~UES'I' Petition of Fralin & Waldron Inc. for Planning Commission review of the compatibility of Comprehensive Development Plan and a proposed waste water treatment plant to serve Forest Edge, Section 3, located on the north side of Route 221 (Bent Mountain Road), 40 feet east of Route 696 (Martins Creek Road) in the Windsor Hills Magisterial District. B. CITIZEN PARTICIPATION There were approximately 75 concerned residents present. Robert Nichols, Willie Green, Charles Colvin, Leon St. Hilaire, Margie Cahill, John Hudgins, Robert Casey, Frank Caldwell, Roger Vest, and Jennings Bird voiced the following concerns: increased develo~nent in rural area; stream pollution; odor; eyesore; groundwater pollution (three wells in the area); reduced property values; increased traffic; the property could be developed with septic systP~ns--the developer is not being deprived of the use of the property; policy established by the County if approved will create more requests for this type of system in rural areas; the developers did not meet with the Back Creek Rural 'tillage Civic League to allow residents an opportunity to voice their concerns. Mr. Hudgins presented a petition containing signatures of opposed residents. C. SIGNIFICANT IMPACT FACTORS 1. See E. below. D. PROFFERED CONDITIONS 1. Not applicable. E. COMMISSIONER'S MOTION, WTE AND REASON Mr. Gordon moved that the request is inconsistent with the Comprehensive Plan. Messrs. Witt, Winstead, and Gordon voiced the following: in approving the request, a precedent would be set to allow similar systems throughout the rural areas of the County; according to the County's Zoning Ordinance, the RE District permits six units per acre where public water and sewer are available (in conflict with the Comprehensive Plan for rural areas); most of the property in the Rural Village and Village Center of the County is zoned either A-1 or RE; where urban development densities are permitted, there will be demands for urban services for neighborhood schools, fire stations, libraries, parks and recreation facilities and those amenities that typically accompany urban lif e-styles; the plan did not anticipate the rapid urban development in the Back Creek area which is now occurring and the need for public services in that corridor--an area in transition; the request is not consistent with the intent and policies of the Comprehensive Plan at this time. The motion carried with the following roll call vote: AYES: Witt, Gordon, Robinson, Massey, Winstead NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. G . ATPACHME1~PrS ~''' Concept Plan (8~" x 11") Vicinity Map (8~" x 11") ~ Staff Report Other: Resolution ~ Jo artley, Al .mate Secretary R oke County Planning Commission AT A REGULAR MEETING OF THE PLANNING COMMISSION OF ROA OKE ~ QiN Ty, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 1, 1988, A RESOLUTION REPORTING THE FINDINGS OF THE PLANNING COMMISSION ON THE PROPOSED WASTEWATER TREATMENT PLANT TO SERVE FOREST EDGE SUBDIVISION AND ITS COMPATIBILITY WITH THE COMPREHENSIVE DEVELOPMENT PLAN AND A RECOMMENDATION THAT A PUBLIC HEARING BE HELD SHOULD THE BOARD OF SUPERVISORS CONSIDER THIS MATTER FURTHER. WHEREAS, Fralin and Waldron Inc. submitted a proposal to construct a wastewater treatment facility to serve sections of the Forest Edge subdivision; and WHEREAS, Section 15.1-456 of the Code of Virginia of 1950, as amended, requires that no public utility facility, whether publicly or privately owned, shall be constructed, established or authorized until the general location or approximate location, character, and extent has been submitted and approved by the local commission as being substantially in accord with the adopted Comprehensive Plan; and WHEREAS, a public hearing was held by the Planning Commission November 1, 1988; and WHEREAS, all interested parties were afforded an opportunity to publicly comment on this proposal; and WHEREAS, a transmittal report summarizing citizen and Commission discussion on this matter is attached for the Supervisors' review. NOW, THEREFORE, BE I`r RESOLVED THAT: (1) the Planning Commission of Roanoke County finds the proposed construction of a wastewater treatment plant for sections of Forest Edge subdivision inconsistent with the intent and policies of the Roanoke County Comprehensive Development Plan; (2) the use of such facilities would establish an unfavorable precedent to permit similar systems throughout the rural areas of the County; and (3) the resulting development would increase demands for urban services in the rural service area such as neighborhood schools, fire stations, libraries, and parks and .recreation facilities and those amenities that typically accompany more urban life-styles. FURTHERMORE, the Planning Commission respectfully recommends that should the Board of Supervisors review the Planning Commission's determination, a public hearing be held to provide an opportunity for citizen input regarding this matter and that the Alternate Secretary of the Planning Commission forward a copy of this resolution to the Chairman of the Board of Supervisors. Adopted on motion of Donald Witt, and the following recorded vote: AYES: Witt, Gordon, Robinson, Massey, Winstead NAYS: None ABSENT: None - 2 - •~~ ~ ~ ~ t ~~J •' 1 t '~ 11~~~1~ -~ l- ,'f J ~ ~ ~,' ~ ~b \f ~. ~. J . _~ _ M, Ji ~ _ ~ y ~:.-~\~i ~ ~ .Ir~r(~r'% -' ^;~t ~ ~~ ~y ~-` ~fi~--l~ ~!i / _~_~~`~~),jl~l,/'~~~ -~~Op~~v n~ ~ ~~`~ ;~~~'/ C=~h~~(` ~.,,~ ~~ ~~~( Nom) ~ ~~_ ~=.,•7~~`.___~u 1 C y n ~.~ ~, - ,.1, j% 11`x} \,,;,L"~~~~i• :~~,J1~~`'I. ,`;:~ ~ ~'- ~ ~/~i~, ~s~~~~~\ _~n( ~~I j~~~ !~I i~~~ ~~~I)<r~'\~`~~ ~_J{l~~(,~~~ ~, ~ _~"'-~."~/,~"~'~i1~5~ ~.:t tip) IC~__i"~~~.../~~~~~ Ji~^y '- ~~. ~1~1\~~A` 1 j' ~/, r-f +''7(pC~~c ~ ~(~/~~~~1~\1J)~ ~ ~~, ~. ` ~ \\\~l ,,r~~ ~,~~~"'t _~ J`_tii~~ e~l -~_j``l ~~tit-,~i~~77 , J~J/j V~~//p/ ~ \~ij~ / `'_ ,.. ~~. ~'\: ~\S `Ji~~~~ q, ~ ~;1'~I :~.:~~~~1 ~. ;'Ij: E`~~~~~ /i~ _-. ~~~C~.~i~ _'- '//~ ` ..~;lj ~17!'Cr~~~l~`: ~ \`~~_~~ ~~ s I. I ~l`~ ~~<~ ~.f^ 2 JAI li1~E:; ~.~ J1~ ~ u =!=~'~/ w~l ~ ~-- - ~~/I ~-t~~! ~' d li ~` . ~ b ,j/~ r ~r h if-:_--._'~o~ ~, tit ~ / ( o i ~ ~)~)~ ~ ~~.~ \~, r{' \`\~ %~~J~~ 1 ~r'~~ ~~1.~. `.~~J'I~~~) I~.. c)l ~" ~ \Cj 1~ '\ .\~'"a\~~~/nih~ ~/ ' 1 ~'- 1i1~ ', ~1\~~,~~~~` ,,, I ' : ~~- 'l' r~ ~~) ~ ~_ ' 1~ ~. '~~~1 f~~ ~\~ '\, a ~~a, ~~ ,~ r dd ~ \V 1 ~1~ , ~ -~ ._-~. ~~~~ ~~ ~: ~~~ ~~ ~~ .~ a,rii~~~, ,~r~ _J~ 1 ~ ~~ ~1~ ~ool~~~,~ ~~~ ~ ~,~ ~, 1111 T~~S~ ~'~ ~. ,_ r ~~•~~~ ~_ ~;~ 2-~; ,~... oo^ , ~'rt~~`~~~a ~~r' ~~",, ~~~ I a~~~1 ~0.. ,. ~~ Sr' xis9 ~~~•_Jt;,~~~~ ~^~~> I\j, ~_~ (~~~ ;~ fit( CI!/~ \. ~~~~~. _ J' .^ ~~(\~~ U I J~ S~~_i_ \ ~~ _\, \, \ •I~~~ :. ;, ~~ ~~%- r~-'A ~~_ j~ _ . ~~- \~ ~n~il! ~1;.;^~ ~~~~; ~~~~. ~~;.: r '~ ,I ~~~~ ~ ~. ~~~ ~ ~ ~ C~~-- , 114 ~ ~/ ''~~~ ~~ ~~~ ~~l ~ i-~~ _ . ~ .,~ ~~ ~' IOST MOUNTAIN ~~~~ t .'~ JI ~ NCR w ~~~ ~ ~ I ti t~ °~ ~ R~ '~ ~' ~ _ ~ .a ,~ ~ i ~ - ~" ~ VICINITY MAP // ~~ -~ D NnQru A _ ~ `' ROANOKE COUNTY ~Q1kLt1~ g ~ALbR~tJ INC. ~, _ r DEPARTMENT OF DEVELOPMENT - 4 - ~~'6 REv~~~'J ~. CASE NUMBER: 46-11/88 //~~-~. M E M O R A N D U M T0: Roanoke County Planning Commission FROM: Jon Hartley DATE: October 28, 988 RE: Staff Review of Fralin & Waldron, Inc. Proposed Sewage Treatment Plant at Forest Edge (46-11/88) pursuant to Section 15.1-456 of the Code of Virginia. Background Fralin & Waldron, Inc. is proposing to construct a 20,000 gallon per day sewage treatment plant (STP) to serve ~3 lots in Section #1 (existing) and Section #3 (proposed) of Forest Edge subdivision located off Route 221 in the Back Creek Planning Area. The proposed STP consists of a Norweco Modulair package wastewater treatment plant, modified to meet County and State standards. Prior to construction, approvals must also be obtained from the Virginia Department of Health and the Virginia Water Control Board. The STP, if approved, would discharge treated effluent into Martins Creek, a tributary of Back Creek. Ownership, operation and maintenance would be conveyed to the County upon completion of construction, but prior to operation. The specific criteria established by the County for approval of this facility are outlined in the attached letter from John R. Hubbard, Assistant County Administrator, dated April 4, 1988. The basis for proposing a STP is that four lots in Section #3 of Forest Edge have been determined to be unsuitable for individual septic systems by the Health Department. In addition, septic tank systems are prohibited where extensive grading is undertaken which will be necessary for many of the remaining lots in Section #3 in order to provide a suitable building site. Attached is a site location map, topographic map showing the site location and the letter from the petitioner. Also attached is a letter from Cliff Craig, Utility Director, dated October 25, 1988, stating his position on this matter. Purpose of Review Section 15.1-456 of the Code of Virginia, titled Legal Status of Plan, requires that no public utility facility, whether publicly or privately owned, shall be constructed, established or authorized until the general location or approximate location, character and extent has been submitted and approved by the local commission as being substantially in accord with the adopted Comprehensive Plan. Since the proposed STP would be a public utility the Commission consideration is required. The specific issue before the Commission is whether or not the proposed facility is substantially in .accord (consistent) with the adopted Comprehensive Plan. - 5 - ~~~~- Comprehensive Plan The proposed site for the STP is located in the Back Creek planning area in a rural service area. The STP would be located in a Village Center land use category while the service area, as presently proposed, would be in both the Village Center and Rural Village land use categories. The Roanoke County Comprehensive Plan establishes an urban service area and a rural service area, based on public service characteristics. In the urban service area, public sewer systems are highly encouraged. This reflects the Roanoke County Community Facilities Plan which recommends that the urban service area be used as the boundary for present and intended utilities service area. In the rural service area, individual septic systems are the recommended method of sewage disposal. In establishing these two service areas, t!;e Comprehensive Plan encourages development within the t~~ban service area in order to allocr for orderly planning of fiscal needs to meet new demands while improving service within existing urbanized areas. The policies for the rural service area, on the other hand, are intended to discourage sprawling development in the rural areas. Such sprawl, according to the plan, promotes public expenditures in services, such as roads, schools, fire and rescue, and police protection, in addition to public sewer and water services. The plan also recognizes "limited" use of public sewer service in the rural service area. Although "limited" is not further defined in the Plan, additional direction can be inferred from other areas in the Plan. The Village Center land use category described in the Future Land Use Guide encourages commercial and institutional uses, and low to middle density residential development of up to 3 units per acre. The Rural Village category encourages institutional {church, school, fire and rescue, farm bureau) uses and recommends residential development at limited densities of less than 1 unit per acre. Given the uses and densities suggested in these two land use categories, and the site and soil limitations which exist for on-site septic systems, public sewer service (and public water service) could be anticipated on a limited localized scale. Conclusion Although the proposed facility is not clearly consistent with the various policies and objectives set out in the Comprehensive Plan, it also appears that the proposal is not clearly inconsistent with those policies and objectives. The Comprehensive Plan clearly establishes preferred methods of sewage disposal between the urban service area and rural service area. However, the Plan also appears to recognize that in certain situations "limited" public sewer systems may be acceptable. Attachments - 6 - 04 P~ Mp,~ F ~ .A l L Z p v a 18 ~ -'~i 88 SFSGUiCEIiTENN~P`. .1 Br.ar.N&RinninR JOIN R NJpBARO. PE •S SISTANT (:(1 ATV IIO.~INISTRATOQ l1 ~- C~o~tttf~ ~Tf ~~n~t~Tn~ir _ ~--. April 4, 1988 Mr. James A. Beavers Vice President Fralin and Waldron, Inc. Post Office Box 20069 Roanoke, Virginia 24018-0503 Dear Jim: ~~/~ ~f. A ~:/~'- ., `~: ~~ , .. ~ ,a .: , : ~DEVab~ i~.s •~~ ~.` `~~ I have reviewed your request to utilize a public wastewater treatment plant to serve the Forest Edge area. The Utility and Planning and Zoning Departments, along with the County Attorney, have reviewed the County Ordinances and feel that the system will be acceptable for use in the County, at this time, if the follow- ing are met: (1) A 456 review and approval by the Planning Commission and the Board of Supervisors. (2) The system is designed and constructed to meet all requirements of a POTW (Publicly o~ Treatment Works). (3) The system is designed and constructed to meet the approval of the State Health Department and State Water Control Board without exceptions, conditions, or time 1 imits . (4) The complete wastewater collection and treatment plant along with all accessory items, land, right-of-ways, easements, and all weather access roads shall be deeded to Roanoke County at no cost to the County. (S) A bond shall be required to guarantee that the plant will at least meet the NPDES discharge requirements for a period of three years after acceptance by Roanoke County. (6) Final acceptance by the County of the construction of the treatment plant must be given prior to any sewer connections being made. - 7 - two ~nx ?~tioo r;c~nr~n~:r- vir<<;irvin :~~~orn o~~F3 - c7o3r ~~~ 7o~r Mr. James A. Beavers Page 2 April 4, 1988 'r"r^ ~ ~~~.. ~ (7) The Developer will pay for all maintenance/repair costs required for the treatment plant for a period of one year after final acceptance of the plant by Roanoke County. A one-year maintenance bond in the amount of 50 percent of the cost of the plant shall be provided to guarantee the cost of maintenance/repair required for the treatment plant. (8) The manufacturer of a package treatment plant or the Design Engineer of a constructed on-site treatment plant shall provide training for two County wastewater treatment plant operators. Said training shall be a minimum of five days, two of which shall be on-site at start up of the plant. Training shall be in both plant operation and maintenance. The person conducting the plant start up and/or operator training shall be fully qualified and experienced in wastewater treatment plant operation and shall be a currently licensed wastewater treatment plant operator with the required class in at least one state. (9) Physical location should be selected to provide the greatest gravity service area that is feasible without undue visual pollution. Adequate landscape/screening should be provided. Mufflers or other sound suppress- ing material shall be provided if required. (10) The wastewater treatment plant shall be made fully operational by the Developer prior to acceptance by Roanoke County. Fu11 operation shall include all required chemicals and any cultural or activated sludge that may be required for a period of six months. (11) Roanoke County reserves the right to participate in the cost of the plant construction should it desire to over- size or modify the system required to serve the devel- oper's needs. (12) The developer is encouraged to work closely with the Utility Department during the permit application, siting, and design stage of this system. As with many new ideas and products, review time by the County staff may take longer than normal. planning and cooperation during review and construe tonowillabe appreciated. Sincerely, TRta-wr -~~~ John R. Hubbard, p.E, Assistant County Administrator Community Services and Development - 8 - FRAWN and WALQIRON, INC. September 30, 1988 Mr. 7Dale R. Castellow Actimg Director of Planning COUIMITY OF ROANOKE Post 0=fice Box 29800 Roanwke, Virginia 24018-0798 118- ~ ~~ ~A':. f ^ S 41 . ~, SEP ~ J I~~3 .,..,.. ~. - . ,,:.. hV.~,.~. ~ . ~ - . .., Refe:^ence: PROJECT REVIEW -SECTION 15.1- 456 CODE OF VIRGINIA Dear Mr. Castellow: As previously discussed with members of your staff and also as stated in m•y letter to John R. Hubbard, Assistant County Administrator, Frali:n and Waldron, Inc. is proposing a Norweco "MODULAIR" package wash water treatment plant to serve approximately 33 residential lots in Forest Edge, Section 3 on U.S. Route 221 South. We ire proposing this system for these reasons: 1. The Roanoke County Health Department has determined that four lots are unacceptable for individual septic tank installations and others may be found to be the same. 2. The remaining lots require extensive grading before home construction can commence and septic tank systems cannot be installed in areas where the topsoil has been removed or covered by fill material. 3. A STP is generally felt to be more desirable than individual septic tank systems that are subject to failure. 4. The STP is proposed to be located on Fralin and Waldron, Inc. property near the intersection of U.S. Rt. 221 and Martins Creek Road (Rt. 696) . Discharge of treated effluent is proposed to be to Martins Creek and thence to Back Creek. 5. The Virginia State Department of Health has approved this type treatment plant for similar installations and must approve this specific proposed installation. 6. The Virginia Water Control Board Standards and Regulations are met by this type treatment plant and the SWCB must P. O. BOX 20069 2817 PERN REST BOULEVARD S. W. ROANOKE. VIRGINIA 24 01 8-05 0 3 ~~ ^ .w FRAIINsnd WALDRON ~MCMr01~A7t0 //~~- ~ Mr. Dale R. Castellow September 30, 1988 - Page Two - approve the specific proposed installation and operation. 7. Clifford D. Craig, Director of Utilities for Roanoke County, has said his department would be willing to accept this plant for ownership, operation and maintenance and that Roanoke County would possibly be interested in expanding the plant to serve additional properties in this area. An 8~ x 11" copy of the USGS map indicating the location of the property is attached as well as a preliminary concept plan, a "MODULAIR" descriptive brochure, and a list of adjacent property owners/addresses. It is understood that a 456 Review by the Planning Commission is necessary to insure that the proposed project/facility is substantially in accord with the County Comprehensive Development Plan. There- fore, it is requested that this application be processed and placed on the Planning Commission's November 1, 1988, agenda. er Luny yours mes A . Beavers ice President JAB/Icw cc: W. Heywood Fralin, Esquire The Stone Company P. O. Box 19097 Roanoke, VA 24019 Mr. Clifford D. Craig Director of Utilities County of Roanoke 1206 Kessler Mill Road Salem, VA 24153 - 10 - [~[n~C~~G~C~C~G~~G~~ WASTEWATER TREATMENT FOR FOREST EDGE SUBDIVISION ROANOKE COUNTY, VIRGINIA DLa~i'La ~~~~-~ SYSTEM EQU I PME~~T PROPOSED 3,500 gallon precast concrete trash trap Norweco Model ST-200, 20,000 GPD Modulair wastewater treatment facility complete with: Duplex mechanical equipment Foam control spray system Surface skimmer sludge return Galvanized metal grating 2,250 gallon precast concrete aerated sludge holding tank Norweco Model 8-A duplex pump dosing station 1,682 square foot precast concrete surface sand filter (walls only) 1,050 gallon precast concrete chlorine contact chamber complete with Sanuril Model 1000 chlorinator and D-chlor unit B'Y 0~ Edo NORWAyR WGStE WATfN EO VIPMENi COMVOO The Stone Company P.O. Box 19097 Roanoke, VA 24019 (703) 563-8757 Mr. Jeff Stone March 4, 1988 11 - D J ~ ~ C W i ~ d V V W O O d ~ d'W C7 W ~ _ d N ~ > ~S Q W N W 1- H 3W a ~ _Q y Q F- J OW ~a ~ W Q. o~ U W 3 Z v W Z Y = v ~ ~~ d D ~ c ~ V -y OO `1 °~o T ° o$~ n N ~ t0 cot ~ _ 01 nc~ 0 c ~ E,`$~ W typ O a m ~ ~ m~~ ~~~~ ~ c ; 3 ~ ~'~~~ o~a~ z~~,B ~£.. ~ ~ ~ H OC ~ 11yy ..1 3 ...1 ~ t` `W ~"" 1~ V W ~ t m W C "'~ W ~ W t > ` W ~ Y O ' ~ ~ N N ma c"'a~~o W ° N W O ~m H A C~ ~a ~ Eve ~ C n U A ~ N ~ L a~~~taLBo ~ U c L Y ~ « ~ C ~ ,a,~m$cEio~v-m o3~~AOm~° ~2.u m mU m y N O n} t ~ , V ~-m 'O' m~~°~ wtO~E~" `~a~tEm=oo ` ° ~ r U ~ ~ c D . O ~,qQ ~p d ~ ~ ~ ~ Y ,~ E ,. y2 x~E ~i ~L~~~~ ~~t A r v W ``-~°~ oB o_ V ... ~ L ~ C 111 t ~ ~ `m~°"~~mm8m a...oaa5mvf t A E y A o ~ Y Z m O ~p _ U~ p1~N V C~L~ aW mo~~o~~~~mo~o c a,v `._ a o~~t~om`W~V ~ ~ ~ A ~ ~ ~ O m ° ~ U m`OQ=Q`'3c~a ~~ ~~ X 0 0 0 0~ v ~.c c m > j 3' W- o o ~; A ~~~m"mrn°- Hoa$E V~ n D E S OC m ~~ p~ x C ~cm~~'~=mcm`~"E`~ m.OL U m N L J OZ`O y W ~3 p ~~?4q~~ -2O ~ n C ~i0 $~ ~ m~ 8 ~~ 2~ S ~ ~ C qt«~cocV ~'az ~m~~.O m °cfi~~~~oE ~~~,~v m x ~4$~~$ N~oo~~a ~E~£r°cHL ~`EmE $ cn . $ - l7 // ~ ~- ~ R_€ a m 5 LL F w _ w # T WASTEWATER TREATMBIYT FACILII'lE.q°",'~ ,~~ ~~." ~~ ~/ ~~- GENBRAL The contractor shall furnish and install a complete wastewater treatment system with ell necessary parts and equipment es described in the following specifications. All equipment shall conform to the specifications and to the applicable plan sheets. The contractor shall prepare his bid on the basis of the specific equipment and materials 5oecified for purposes of determining the low bid. This is not done, however, to eliminate other products or equipment of equal quality and efficiency. Substitution of equipment may be made if the proposed substitution is superior or equal in construction or performance. If equipment is to be substituted, the contractor shall obtain approval prior to submitting a bid. In addition, prior to contract execution the contractor shall prepare and submit revised engineering drawings and specifications for the project at his own expense. It is assumed that the substitution will result in a reduction of cost to the contractor and, if revised drawings submitted by the contractor are approved the savings will be passed along in a reduction of the contractor's bid price. After bids are taken, substitution of equipment of makes other than that specified will not be considered. - 13 - ~, .M For Primary Screening -• .x • PRETBEATMENT CHAMBE$ ~' 3PECIFICATIOI$ l / S'g- ~ A precast concrete pretreatment chamber (trash trap) shall be used for primary screening of the daily wastewater flow. The pretreatment system shall be installed proceeding the secondary wastewater treatment facility and all raw wastewater flow shall pass through the pretreatment chamber for primary screening before entering the treatment plant proper. The chamber shall be as shown on drawing number PC-4-623 and as manufactured by Norweco, Inc., Norwalk, Ohio. It shall have a total holding capacity of 3,500 gallons to provide ~i.Z hour retention of the daily wastewater flow. The pretreatment chamber shall be constructed of properly reinfor ed five thousand PSI, twenty-eight day compression strength precast concrete. Each casting used in the construction of the trash trap shall be a monolithic unit with ell four walls of the chamber incorporated into each section of the tank. Individual tank sections shall be joined one to another with a horizontal tongue and groove joint. To insure the watertight integrity of the finished structure, each joint shall be sealed with a four inch by one-half inch neoprene gasket. Non-compression joints with grouted sealing compounds shall not be used. The neoprene gasket shall be adhesive backed with release liner on one side. It shall be installed and compressed to fit the contour of the receiving "groove" of each casting within the system before the adjoining "tongue" section is set into position. The inlet and outlet of the tank shall be designed to prevent passage of material that may float to the top or settle to the bottom of the unit. A baffle shall be installed on the inlet end of the chamber to insure thet all material passed to the tank is submerged and to prevent materials accumulating in the floating scum mat from interfering with or blocking the inlet flow. The tank outlet shall be equipped with an outlet tee to prevent the discharge of floating and settled material. The outlet tee shall extend vertically into the tank a minimum of one-third of the distance from the outlet invert to the inside tank bottom, and it shall be of adequate size to handle a peak flow factor of four without restricting the outlet and disturbing hydraulic displacement to the secondary facility. Both the inlet baffle and outlet tee shall extend a minimum of eighteen inches below the surface of the tank contents. There shall be removable clean-out covers cast into the top of the tank above the inlet and outlet ports. While they shall be large enough to allow tank inspection and pumping, they shall be small enough to insure that the tank cannot be entered physically for inspection or service. Tanks with enlarged clean-out ports or covers shall not be used for this application. - 14 - C~IDlttltl~ PF 1~UitllDliP /ite UTILlIY DEPARTMENT October 25, 1988 GARY ROBERTSON PE. At{yTANT p1RtCTpR KEN sOONE COORDINATOR Mr• James Beavers Fralin & Waldron, Inc, P.O. Box 20069 Roanoke, VA 24018 Re: Public Sewage Treatment Plant at Forest Edge Subdivision Dear Mr. Beavers: I have received several calls from residents in the Forest Edge area concerning the sewage treatment plant yvu are proposing for that subdivision. Some of the calls are aancerning the service area and solicit my support to have the treatment plant di roved• ~ are trying to be getting similiar calls prior to the November i 1988 p~ni~ y°u will meeting. This letter is to let ' q Commission response to the calls about the sewou know my feelings and; therefore, my calls . age treatment plant in case }+ou get similar First, I have complete confidence in the treatment technology of the Proposed treatment plant which will be operated by the County and meets all discharge requirements. Second, I can see that malfunctioning an lot septic systems are and will continue to be a problem for both the County and homeowners. As the Utility Diretor, I will do everything possible to encourage the use of publicly operated treatment plants so as to reduce the use of on-lot septic system within Roanoke County• People are concerned about a sewage treatment plant discharging into a stream that they fish or their livestock drink out of. The discharge requirements of a publicly operated treatment plant will not cegrade a normally flowing stream, However, a malfunction ' s a stream is a significant health concern. ~ ~t1c system running into livestock which is dropped directly into a stream has a much great r health hazard than the discharge of sewage treatment plant. There is score concern about the noise or odor that would be created by a se<,aage treatment plant. I have explained how and insulated to reduce the noise to a level heat ro~babio~rs are mufflered ad7oinu~9 Property owners. Unless I do not P Y can not be heard by will be no odor noticed oath the Plant properly, there shou l,d not create ~' any neighbors . A Plan t the size any more odor than you would Y~ are proposing If, for sole reason, an imbalance creates an odor cproblem, there are ~ditives that can be used to cure the problem. - 15 - A Beauri(u/ Beginning CLIFFORD CRAIG, P.E. DIR[GTOR I18~- ~ Mr. James Beavers page 2 October 25, 1988 There are concerns aver how this treatment plant will look. With the screening which will be required and the fact that this is basically an underground facility, people will not see an unsightly structure that they visualize when they think of a treatment plant. size are not noticed by the public at all unless they ~trnpa hillol~oolcinq down on it. The use of a public sewage treatment plat indicates both the developer and County's willingness to incur additional cost and responsibility in order to provide the best possible means of sewage treatment. I will continue to support you and others that make the extra effort to provide to development instead of just meeing the e~i~ standards quali ~yedservices a lot. ~N ~ to sell I remind you that I am speaking as the Utility Director, not as Roanoke County. please feel free to quote the information in this letter in conversation you have with interested residents. If you have any questions on the above, please onntact ~. Sincerely, Cliffon~ Craig, p. . Utility Director khb - 16 - 1 ~~ , r~,: ,~, ~' ~,..M AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 22, 1988 RESOLUTION 112288-5 REQUESTING THE GENERAL ASSEMBLY FOR THE COMMONWEALTH OF VIRGINIA TO AMEND THE CHARTER FOR ROANOKE COUNTY WHEREAS, Article VII, Section 2 of the Constitution of Virginia, and Chapter 17 of Title 15.1 of the Code of Virginia authorizes the General Assembly to grant a governmental charter to a county or to amend an existing charter; and WHEREAS, the 1986 General Assembly granted Roanoke County a charter, as found in the 1986 Acts of Assembly, Chapter 617; and WHEREAS, the Roanoke County Board of Supervisors finds that certain amendments thereto are necessary for the public health, safety, and welfare of the County, and for more efficient and effective local government; and WHEREAS, Roanoke County has complied with the provi- sions of Section 15.1-835 of the Code of Virginia, and has held a public hearing on these proposed charter amendments on November 22, 1988, after due legal notice, at which the citizens had the opportunity to be heard concerning these proposed charter amend- ments. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervi- sors of Roanoke County, Virginia, that the General Assembly for the Commonwealth of Virginia is hereby requested to amend the charter for Roanoke County, Virginia. These charter amendments to Section 2.02 Taxing Powers; Section 8.03 Additional. Powers, Commissioner of the Revenue; and Section 9.03 Board of Zoning Appeals are attached hereto and incorporated herein by reference for submission as a bill for consideration by the General Assembly. On motion of Supervisor Nickens to separate issues, seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None On motion of Supervisor Nickens to approve Section 2.02, Meals Tax, Section 8.03, Enforcement of Auto Decal by Commissioner of Revenue, seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None On motion of Supervisor Johnson to approve Section 9.03 Appointment of BZA by Board of Supevisors, seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Robers, Garrett NAYS: Supervisor Nickens A COPY TESTE: m~~ ~{. Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul Mahoney, County Attorney Director, Planning Department Director, Zoning Department The Honorable R. Wayne Compton, Commissioner of Revenue The Honorable Alfred C. Anderson, Treasurer 2 r ACTION # ITEM NUMBER ~'~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 22, 1988 AGENDA ITEM: Public Hearing Charter Amendments COUNTY ADMINISTRATOR'S COMMENTS: ,, G ~ ,. .: ~s~,~ ~ ,. -„ .~._ ~ .l . - ~- ~. SUMMARY OF INFORMATION: On September 27, 1988, the Board of Supervisors of Roanoke County, Virginia, adopted its legislative program for the 1989 session of the Virginia General Assembly. In accordance with the adopted legislative program certain amendments to the Roanoke County Charter are recommended for your consideration. Section 15.1-835 of the 1950 Code of Virginia outlines the procedure for amending an existing charter. This section requires the publication of a legal notice in the newspaper and the holding of a public hearing. The publication occurred on November 8, 1988, and the public hearing is scheduled for Novem- ber 22, 1988. These amendments are to Section 2.02 Taxing Powers (meals tax); Section 8.03 Additional Powers for the Commission of the Revenue (decal enforcement); and Section 9.03 Board of Zoning Appeals (appointed by the Board of Supervisors), and are attached hereto. STAFF RECOMMENDATION: It is recommended that the Board hold the required public hearing and favorably consider the adoption of the attached reso- lution. Respectfully submitted, ~~ Paul M. Mahoney County Attorney ~/z~~-3 Approved ( ) Denied ( ) Received ( ) Referred To Motion by: ACTION Garrett Johnson McGraw Nickens Robers VOTE No Yes Abs ll ~~-~ 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGCENTERHONDTUESDAY,RNOVOMBERO22TY19$gINISTRATION RESOLUTION REQUESTING THE GENERAL ASSEMBLY FOR THE COMMONWEALTH OF VIRGINIA TO AMEND THE CHARTER FOR ROANOKE COUNTY WHEREAS, Article VII, Section 2 of the Constitution of Virginia, and Chapter 17 of Title 15.1 of the Code of Virginia authorizes the General Assembly to grant a governmental charter to a county or to amend an existing charter; and WHEREAS, the 1986 General Assembly granted Roanoke County a charter, as found in the 1986 Acts of Assembly, Chapter 617; and WHEREAS, the Roanoke County Board of Supervisors finds that certain amendments thereto are necessary for the public health, safety, and welfare of the County, and for more efficient and effective local government; and WHEREAS, Roanoke County has complied with the provi- sions of Section 15.1-835 of the Code of Virginia, and has held a public hearing on these proposed charter amendments on November 22, 1988, after due legal notice, at which the citizens had the opportunity to be heard concerning these proposed charter amend- ments. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervi- sors of Roanoke County, Virginia, that the General Assembly for the Commonwealth of Virginia is hereby requested to amend the charter for Roanoke County, Virginia. These charter amendments to Section 2.02 Taxing Powers; Section 8.03 Additional Powers, Commissioner of the Revenue; and Section 9.03 Board of Zoning l%~~~-3 Appeals are attached hereto and incorporated herein by reference for submission as a bill for consideration by the General Assembly. t ~" ~ 2.02. Taxing powers.--In addition to the powers granted by other sections of this charter and general law, the county shall have the power to raise annually by taxes and assessments, as permitted and limited by general law, in the county such sums of money as the board of supervisors shall deem necessary to pay the debts and defray the expenses of the county in such manner as the board of supervisors shall deem expedient. In addition to, but not as a limitation upon, this general grant of power the county shall have power to levy and collect ad valorum taxes on real estate and tangible personal property and machinery and tools; to levy and collect taxes for admission to other charge for any public amusement, entertainment, performance, exhibition, sport or athletic event in the county, which taxes may be added to and collected with the price of such admission or other charge; to levy and collect taxes on hotel and motel rooms not to exceed two percent of the amount charged for the occupancy thereof; to levy and collect taxes on the sale of meals, includin non-alcoholic beverages subject to such rate limitations as may be imposed by general law; to levy and collect privilege taxes, local general retail sales and use taxes as provided by law; unless prohibited by law, to require license, prohibit the conduct of any business, profession, vocation or calling without such license, require taxes to be paid on such licenses in respect of all businesses, professions, vocations, and callings not exempted by prohibition of general law; to franchise any business or calling so as to protect the public interest; and to require licenses of all owners of vehicles of all kinds for the privilege of using the streets and other public places in the county, require taxes to be paid on such licenses and prohibit the use of streets, alleys and other public places in the county without such license; provided notwithstanding any contrary 1 provision of this charter the county shall not levy any tax on tobacco products er-r~ea}s_ ~r~e~~ding- nen_a}eekelie- beverages; other than those taxes specially authorized in Title 58.1 of the Code. In addition to the other powers conferred by law, the County of Roanoke shall have the power to impose, levy, and collect, in such manner as its board may deem expedient, a consumer or subscriber tax at a rate or rates not exceeding those authorized by general law upon the amount paid for the use of gas, electricity, telephone, and any other public utility service within the county, or upon the amount paid for any one or more of such public utility services, and may provide that such tax shall be added to and collected with bills rendered consumers and subscribers for such services. ~ 8.03. Additional Powers Commissioner of the Revenue.--The commissioner of the revenue u n the concurrence of the board of supervisors, shall have the power and authority to issue a summons or notice of a hearing in the general district court of the county for any violation of a local license ordinance authorized b Section 46.1-65 of theCode of Vir inia 2 //~~ 3 ~ 9.03. Board of Zoning Appeals.--There shall be a board of zoning appeals agpe~n~ed- as- pre~~eled-ley- and with those powers granted by and consistent with general law. The board of supervisors shall appoint a board of zoning a peals, which shall consist of five (5) members, each to be appointed fora term of five (5) years, so that the term of one member shall e ire each year. Members are removable for cause by the ap pointing authority. 3 //~~-~ ` A p p E A RAN C E R E Q U E S T ~ ,~.I~ ~eaY~ w PUBLIC HEP,RING ON I would like the Chairman of the Board of Supervisors to so recognize me during the public hearing on the above matter omment. I agree to follow the guidelines listed that I may c below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1, Each speaker will have bntwasnanhindividualvorminutes t available whether speak g representative. The chaitizenslspeakingeonhantissue,mandf based on the number of ci the majority o will enforce theotherwiseess instructed by the Board to do Dint of 2, Speakers will be limited to a presentation be entertained by view only. Questions of clarification may the Chairman. 3. All comments must be direcuaaencetmembersdis notaallowedeen a recognized speaker and a Both speakers and the audience will exercise courtesy at all 4. times . 5, Speakers are requested to leave any written statements and/or comments with the clerk. INDIVIDUALS PURPORTING TO SPEAK HORIZATIONGFROMETHE GROUP~iALL 6. FILE WITH THE CLERK WRITTEN AU ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y NAME: a ~( e ADDRESS: PHONE : ~ ~' ~~ - PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) // ~ ~-~ .A p P E A RAN C E R E Q U E S T PUBLIC HEARING ON ~/ I would like the Chairman of the Board~of Supervisors to recognize me during. the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time-limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y NAME: ADDRESS: PHONE : / (~ J PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) ~ ~ t _ AT A REG[JIAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COTJI~LI'Y ADMINISTRATION CENI~ ON TUESDAY, NOVEMBER 22, 1988 ORDINANCE 112288-6 AMQ~IDING AND REENACTING CHAPTER 10, LICENSES, AND PROVIDING FpR A PII~MIT FEE FOR SOLICITOR'S PERMITS WfIERFAS, Virginia Code Section 58.1 confers on local governments the authority to levy, assess, and collect license taxes on businesses, trades, professions, occupations, and callings and upon the persons, firms, and corporations engaged therein; and WHEREAS, the Charter of the County of Roanoke, Acts of Assembly, Chapter 616 (1986), Section 2.02, provides that Roanoke County shall have the power to require licenses; to prohibit the conduct of any business, profession, vocation, or calling without such license; and to requires taxes to be paid on such licenses for all businesses, professions, violations, and callings not exempted by prohibition of general law; and WHERFJAS, the County of Roanoke wishes to exercise the above-described powers in order to distribute the tax burden of the County and to collect revenue in support of the operation of government; and WHEREAS, after an opportunity for the citizens of this County to be heard upon this matter at a public hearing held on November 22, 1988; and ~, the first reading of this ordinance was held on November 9, 1988; and the second reading on this ordinance was held on November 22, 1988. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 10, Licenses, of the Code of Roanoke County be, and hereby is, amended and reenacted by the addition of the following business license ordinance to read and provide as follows: ARTICLE I. IN Sec. 10-1. Definitions. As used in this chapter and as applied to the business, trade, or occupa- tion subject to the license taxes hereinafter set forth and not specifically otherwise taxed: (a) Gross expenditures shall mean all expenditures incurred in connec- tion with the acquisition or lease of real property, including cash, credits, fees, cormtissions, brokerage charges and rentals; all expenditures incurred in connection with the improvement or development of such property by force account, including costs of all labor involved in such improvement or develop- ment, cost of materials and supplies, equipment rental or an equivalent charge therefor if equipment is owned by the builder or developer; and any other ex- penditure of whatever description incurred in connection with the improvements or development by force account of such property. The term "gross expendi- tures" shall not include amounts expo-r-ded for interest on or payment of princi- pal of debt incurred in connection with such improvement or development work. (b) Gross receipts shall mean the gross receipts from any business, pro- fession, trade, occupation, vocation, calling or activity, including cash, credits, fees, commissions, brokerage charges and rentals; property of any kind, nature or description from either sales made or services rendered with- out any deduction therefrom on account of cost of the property sold, the cost of materials, labor or service or other costs, interest, or discounts paid, or any expense whatsoever; and shall include in the case of merchants the amount of the sale price of supplies and goods furnished to or used by the licensee or his family or other person for which no charge is made; provided, however, that the term "gross receipts" with respect to manufacturers and wholesale 2 merchants manufacturing or dealing in articles upon which there is levied a direct excise tax by the United States shall exclude such excise tax payments to the United States government; provided further, that wholesale and retail dealers in petrole~an products on which the state levies a motor vehicle fuel tax shall exclude such tax payments to the state to the same extent that the tax has first been included in the "gross receipts"; provided further, that retail motor vehicle dealers shall deduct trade-in allowances credited on sales of both new and used motor vehicles; provided further, in commuting the gross receipts of licensees under section 10-34 of this Code, the licensees shall be permitted to claim as a deduction the amount of salary paid to any person employed by them who is duly licensed in the same profession, under such section. The term "gross receipts" when used in connection with, or in respect to financial transactions involving the sale of notes, stocks, bonds or other securities; the loan, collection or advance of money; or the discounting of notes, bills, or other evidence of debt, shall be deemed to mean the gross interest, gross discount, gross commission, or other gross receipts earned by means of, or resulting from such financial transactions, but the term "gross receipts" shall not include amounts received as payment of debts. The term "gross receipts" shall include the gross receipts from all sales made or services rendered or activities conducted from a place of business within the county, both to persons within the county and to persons outside the county. In this connection the word "person" shall be construed to include govern- mental agencies. The calculation of gross receipts for license tax purposes shall be on either a cash or actual basis; provided, however, that the basis used must 3 coincide with the system of accounts used by the taxpayer and the method em- er for federal and state income tax purposes. ployed by the taxpay (c) License tax year. The license tax year shall be from January 1 to Lecember 31. (d) Person shall include individuals, firms, copartnerships, corpora- tions, companies, associations, or joint stock corporations; and it shall in- clude any trustee, receiver, assignee, or personal representative thereof carrying on or continuing a business, profession, trade, or occupation. This definition shall not include a trustee, receiver, or other representative duly appointed by a court to liquidate assets for immediate distribution; or a ser- geant, sheriff, or deputy selling under authority of process or writ of a court of justice. Ste, lp-2, Business, trade, etc., subject to tax; gross receipts earned out- side the County. (a) Each and all of the taxes hereinafter imposed are in all cases im- posed upon the privilege of doing business or exercising a profession, trade, or occupation in the county, including all phases of the business, profession, trade or occupation conducted in the county. (b) As to businesses, professions, trades, or occupations for which a gross receipts license is levied on persons having a definitely established place of business or maintaining an office in the county, it is the policy of the county to require that all gross receipts derived from the business, pro- fession, trade, or occupation shall be included in their licensing basis in conformance with Section 10-1(b); provided, that in cases where their busi- ness, profession, trade, or occupation requires the performance of certain 4 activities without the county, and they become s'abJect to and pay a licensing tax to a foreign taxing jurisdiction based on gross receipts derived from activities conducted within a foreign taxing jurisdiction, they shall be per- mitted to deduct such gross receipts taxed by the foreign taxing jurisdiction in arriving at their licensing basis. In all cases such deduction must first be included in their total gross receipts. (c) As to businesses, professions, trades, or occupations on which a gross receipts license tax is levied, and which are carried on or conducted only in part within the county limits by persons having no definitely estab- lished place of business or maintaining no office within Roanoke County, it is the policy of the county to subject such persons to the same provisions, condi- tions, and rates that persons having a definitely established place of busi- ness or maintaining an office within the county are subjected to; and, in such cases where only part of the business, profession, trade, or occupation is so conducted or carried on within the county, the tax liability shall be measured by only that portion of the business, profession, trade, or occupation con- ducted or carried on within the county limits. (d) In this connection the term "foreign taxing jurisdiction" shall be construed as limited to other counties, cities, and towns of the Comr~onwealth of Virginia. State law reference - Code of Virginia Section 58.1-3708, 3709. Sec. 10-3. Levying of license taxes. For each and every year beginning with January 1 of each year and ending December 31 following, until otherwise changed, there are hereby levied and there shall be collected the annual license taxes hereinafter set forth in 5 this chapter, except as otherwise specifically provided in this chapter, on persons conducting or engaging in any business, trade, or occupation in the county hereinafter set forth in this chapter, which license taxes shall be for the support of the county governrr~-nt, the payment of the county debt, and for other county purposes. State law reference - Code of Virginia Section 58.1-3703. Sec. 10-4. Application for license; duties of commissioner. (a) All persons embraced by this chapter, unless otherwise specifically provided, shall make application for licenses to the commissioner of the reve- nue by January 31 of each year. The commissioner of the revenue shall furnish the necessary forms, which shall be properly filled in with such information as the commissioner may require. fiery applicant for a license to conduct any business, profession, trade, or occupation under the provisions of this chap- ter shall furnish the commissioner of the revenue in writing with his correct name and trade name; his correct residence address; the nature of the busi- ness, profession, trade, or occupation to be pursued; the place where it is to be pursued; and a record of gross receipts verified by oath for the preceding twelve (12) months; as well as such other information as may be required by the commissioner of the revenue. The commissioner shall comq~ute the amount of license tax and after payment shall issue the license, subject to zoning certi- fication as provided in Section 10-7. (b) It shall be unlawful and a violation of this chapter for any person to make false statements with intent to defraud in any application, return or affidavit required by this chapter. Such violation shall constitute (i) a Class 3 misdemeanor if the amount of the tax lawfully assessed in connection 6 with the return is $1,000.00 or less, or (ii) a Class 1 misdemeanor if the amount of the tax lawfully assessed in connection with the return is more than $1,000.00. Upon conviction under this section, the Commissioner of the Reve- ear. nue shall revoke all licenses of the business for the balance of the ax y (c) No license issued pursuant to this chapter shall be valid or effec- tive unless and until the tax required shall be paid to the county treasurer and such payment shall be shown on the license. (d) The commissioner of the revenue shall report monthly to the trea- surer the aggregate amount of license taxes assessed during the month and placed in the hands of the treasurer for collection. State law reference - Code of Virginia Section 58.1-3916.1. Sec. 10-5. Payment of tax. All license taxes imposed by this chapter, except as herein provided, shall become due and payable on or before January thirty-first of each license tax year. In all cases where the person shall begin the business, profession, trade, or occupation upon which a license tax is imposed after January first of the license tax year, such license tax shall become due and payable within thirty (30) days of the commencement of the business, profession, trade or occupation. State law reference - Code of Virginia Section 58.1-3916. Sec. 10-6. Penalty and interest for failure to pay license tax when due. There shall be a penalty of ten (10) percent, with a minimwY- of ten dol- lars ($10.00), added to all license taxes imposed under the provisions of this 7 chapter that are unpaid on January thirty-first of the current license year or in the case of any person first engaging in a business, profession, trade, or occupation, within thirty (30) days of the day he first engages in such busi- ness, profession, trade, or occupation. In addition to such penalty, interest at the rate of ten (10) percent per annum shall accrue and be added to all due and unpaid taxes and penalties be- ginning with the first day following the imposition of the penalty; provided, however, that for the second and subsequent years of delinquency, such inter- est shall be at the rate established pursuant to Section 6621 of the U. S. Internal Revenue Code of 1986, 26 U.S.C. § 6621, as amended, but not less than ten (10) percent. Taxes and penalties herein provided shall be assessed and collected in the manner provided by law for the enforcement of the collection of other taxes. State law reference - Code of Virginia Section 58.1-3916. Ste, 10-~, Duty of applicant to ascertain zoning. It shall be the duty of every person applying for a business license to ascertain whether the location for the conducting of such business, profes- rmit sion, trade, or occupation is properly zoned and has any necessary use pe before making application for such business license. The commissioner of the revenue, in any case where he suspects the location is not properly zoned for the type of business, profession, trade, or occupation proposed by the appli- cant, shall refuse to issue such business license until a certificate is issued by the zoning administrator stating that the location is properly zoned and the necessary use permit, if any, has been granted. The issuance of a 8 business license by the commissioner of the revenue shall not be deemed to be approval by the county of zoning compliance. Ste, 10-g. Each place of busineoss. to have separate license; multiple busi- nesses at same locate (a) No license shall be issued under the terms of this chapter to cover more than one place of business, and applicants shall be required to take out separate licenses for each place in which the business, profession, trade, or occupation to be licensed is pursued. Any person operating a business in more than one definite place and keeping one set of records for the acc~urnalated transactions may take out a minimum license on each location in the county other than the main place of business and may deduct such sums paid for the minim~un license from the total tax due when all gross receipts are attributed to such main place of business. (b) If any applicant is engaged in two (2) or more businesses, profes- sions, trades, or occupations all subject to the same rate, all measured by the same base, and all carried on at the same place of business, he may obtain one license for all such businesses, professions, trades, or occupations, but all information for each, as herein otherwise required, shall be given and shall appear on the forms. State law reference - Code of Virginia Section 58.1-3708(E). Sec. 10-9 Persons liable for license tax to keep record of gross receipts. (a) fiery person liable for a license tax under this chapter, which tax is based on gross receipts or gross expenditures, shall keep all records and 9 accounts necessary to compute and to verify such gross receipts or gross expen- ditures, and the report of such gross receipts or gross expenditures shall be taken from such records. All such records and general books of account shall }~ open to inspection and examination by any authorized representative of the riod of five (5) years. county, and shall be maintained for a pe (b) Each licensee whose license is measured by gross receipts or gross expenditures shall submit to the commissioner of the revenue, not later than January 31 of each year, a report of his gross receipts or gross expenditures for the preceding year. (c) In those cases in which the conduct of the business, profession, trade, or occupation involves operations subject to more than one (1) rate or computed on more than one (1) base, as hereinafter set forth, the licensee is hereby required to maintain separate accounts for each such operation, pro vided, however, that the licensee may elect to maintain a single account for all operations tax in which case the entire business license shall be computed at the highest rate applicable to any part of the business taxed on gross receipts. (d) If any licensee shall fail to maintain the records required in this section, regularly supported by customary vouchers, the commissioner of the revenue is hereby authorized and directed to estimate the taxpayer's gross receipts or gross expenditures on the basis of the best evidence he can ob- tain, and the commissioner of the revenue shall make an assessment on the ba- sis of such determination. State law reference - Code of Virginia Section 58.1-3109(b). 10 Sec. 10-10. Licenses for persons beginning business, profess-ion, etc. ~a) fiery person beginning a business, profession, trade, or occupation which is subject to a license tax under the provisions of this chapter and is based in whole or in part on gross receipts or gross expenditures, shall esti- di- mate the amount of the gross receipts he will receive or the gross expen tunes he will incur between the date of beginning business and the end of the then-current year, and his license tax for the then-current year shall be com- puted on such estimate. (b) Whenever a license tax is so computed upon the estimated gross re- ceipts or gross expenditures, any erroneous estimate shall be subject to cor- rection and the commissioner of the revenue shall assess such person with any additional license tax found to be due after the end of that license year, and shall at the same time correct the estimate for the then current license yea until a full year of operation shall have been completed, and in case of an over-estimate the taxpayer shall be entitled to a credit upon his license tax payable the following year. Sec. 10-11. Payment of license tax by corporations, partnerships, etc. When the business, trade, or occupation licensed is conducted by a corpor- ation or partnership, or by an employer of persons who would otherwise be lia- ble for a license tax, and the license tax is imposed upon the gross receipts or gross expenditures thereof, then the license tax shall be paid by the corpo- ration or partnership, or employer; and when so paid it shall be deemed to discharge the license tax liability of the officers and employees of such cor- poration, and of the partners and employees of such partnership and of such 11 persons employed by an employer who would otherwise be liable to such license tax, insofar as the business of such licensed corporation, partnership or em- ployer is concerned. This section shall not apply to "professional services," as defined in Section 10-34. Sec. 10-12. Transfer of licenses. (a) Licenses issued under the provisions of Article II of this chapter, except as otherwise provided, may be transferred from one person to another or from one location to another; provided that no such transfer shall be valid unless and until notice in writing is given to the commissioner of the revenue of the proposed transfer, which notice shall contain the name, trade name, if any, and the address of the proposed transferee; the proposed new location, if any; and the effective date of the proposed transfer; and the commissioner of the revenue may approve such transfer upon being satisfied of the good faith thereof. Failure to notify the commissioner of the revenue of the transfer of a license within thirty (30) days of such transfer shall invalidate such li- cense and such invalidated license shall not be subject to refund as provided by Section 10-15 of this Code. (b) It is specifically provided, however, that if the transferor's li- cense for the current license year has been based on an estimate of gross re- ceipts or gross expenditures, as provided in Section 10-1(a) and (b) of this ditures chapter, the transferor shall reveal his gross receipts or gross expen for the period he was in business during the current license year and if the accumulation of gross receipts or gross expenditures by transfer date shall exceed the original estimate, the transferee shall be required to amend the license by an estimate of the gross receipts or gross expenditures he will 12 incur between the day of beginning business and the end of the current license year. (c) Licenses issued under the provisions of Article III shall not be transferred from one person to another but may be transferred from one location to another within the County of Roanoke. Sec. 10-13. Display of form, decal or sign issued in evidence of license. fiery person required to obtain a license under the provisions of this chapter shall keep the form, decal, or sign issued in evidence thereof as pres- cribed by the commissioner of the revenue in a convenient and conspicuous place, and whenever required to do so shall exhibit the same to any authorized enforcement officer of the county. Sec. 10-14. Assessment of license taxes found for years past. If the commissioner of the revenue ascertains that any person has not peen assessed with a license tax levied under the terms of this chapter for any license tax year of the three (3) license tax years last past, and the absence of such assessment was not due to the fraudulent intent to evade taxes on the part of such person, it shall be the duty of the commissioner of the revenue to assess such person with the proper license tax for the year or years omitted. Penalty and interest at the rate provided under Section 10-6 shall accrue thereon from the date of such assessment until payment; provided, if such assessment was necessitated through no fault of the taxpayer, such penalty and interest shall accrue after thirty (30) days from such date of assessment until payment. 13 State law reference - Code of Virginia Section 58.1-3903. Sec. 10-15. Certification ofess roneous assessment; refunds when licensee ceases to do busin (a) The commissioner of the revenue is en~owered to certify to the trea- surer any instances of erroneous assessments. Upon receipt of such certifi- cate the treasurer is directed to make a refund based upon the certificate of the corm~issioner of the revenue. (b) Licenses issued under the provisions of Article II of this chapter, ross receipts or gross expenditures, kept those measured by other than g shall be subject to refund where the licensee goes out of business before the end of the current license year subject to all of the following qualifica- tions: (1) License for the current license year must be based on gross receipts or gross expenditures obtained throughout the preced- ing calendar year. (2) The reason for going out of business is not connected in any manner with the violation of any state law or local ordinance or violation of any rules or regulations made pursuant there- to. (3) The amount of refund shall be determined in the following man- ner If the licensee goes out of business after January 1 and before April 1, the refund shall be seventy-five (750) percent of the tax paid; if the licensee goes out of business on or after April 1 and before July 1, the refund shall be fifty (50~) percent of the tax paid; and if the licensee goes out of 14 business on or after July 1 and before October 1, the refund shall be twenty-five (25~) percent of the tax paid; but in no case shall the refund reduce the tax below the minimum as pro- vided by this Code. (4) No refund shall be made of any minimum flat tax or of any other flat license fee not based on gross receipts. (c) Refunds based on licensee going out of business shall be made in the same manner as herein provided for erroneous assessments. (d) If any person seeking a refund is indebted to the county or any de- partment or office thereof, or is indebted to any state constitutional office of the county for a local levy, the refund, or so much thereof as is neces- sary, shall first be applied to such indebtedness. (e) pny person who has been properly issued a license may apply for a refund prior to the date upon which the license was to become effective by providing satisfactory evidence to the Commissioner of the Revenue that the business was never commenced or the sale, show, performance or exhibition will not take place. Upon being satisfied that such license was never in effect, the Commissioner of the Revenue may authorize a refund of the license fee less a thirty dollars ($30.00) processing fee. State law reference - Code of Virginia Section 58.1-3980, 3981. Sec. 10-16. Insufficient assessment; payment of additional tax found to be due. If the commissioner of the revenue ascertains that any assessment of a license tax levied under the provisions of this chapter for any of the three (3) license tax years last past or for the then-current license tax year was 15 for less than the correct amount, and the assessment of the license tax at the lesser amount was not due to the licensee's fraudulent intent to evade taxes, then the commissioner of the revenue shall assess the licensee with the addi- tional license tax found to be due. Penalty and interest at the rate provided under Section 10-6 shall accrue thereon from the date of the assessment until payment; provided, if such assessment was necessitated through no fault of the taxpayer, such penalty and interest shall accrue after thirty (30) days from such date of assessment until payment. State law reference - Code of Virginia Section 58.1-3903. Sec. 10-17. License as personal privilege. fiery license issued under the provisions of this chapter shall be deemed to confer a personal privilege to transact, carry on, or conduct the business, profession, trade, or occupation which may be the subject of the license, and shall not be exercised except by the persons licensed. Sec. 10-18. Enforcement of chapter. (a) In the enforcement of the provisions of this chapter the commission- er of the revenue of the county, in addition to the powers herein specifically granted, shall have all and the same enforcement authority with respect to county licenses that state law confers upon commissioners of the revenue gen- erally with respect to state licenses. As one of the means of ascertaining the amount of any license tax due under the provisions of this chapter, or of ascertaining any other pertinent information, the commissioner of the revenue may require taxpayers or their agents or any person, firm, or officer of a 16 company or corporation to furnish information relating to tangible or intangi- and all taxpayers, and ble personal property, income, or license taxes of any require such persons to furnish access to books of account or other papers and records for the purpose of verifying the tax returns of such taxpayers and procuring the information necessary to make a complete assessment of any tax- payer's tangible and intangible personal property, income, and license taxes for the current year. (b) The commissioner may, for the purpose of assessing all taxes assess- able by his office, summon the taxpayer or any other person to appear before him at his office, to answer under oath, questions touching the tax liability of any and all specifically identified taxpayers. The commissioner shall not, however, surmion a taxpayer or other person for the tax liability of the tax- payer which is the subject of litigation. (c) pny person who refuses to (i) furnish to the commissioner of the revenue access to books of account or other papers and records, (ii) furnish information to the commissioner of the revenue relating to the assessment of taxes, (iii) answer under oath questions touching any person's tax liability, or (iv) exhibit to the commissioner of the revenue any subject of taxation liable to assessment by the commissioner of the revenue, shall be deemed guilty of a Class 4 misdemeanor. Each day's refusal to furnish such access or information shall constitute a separate offense. State law reference - Code of Virginia Section 58.1-3110, 3111. 17 ARTICLE II. CLASSIFIED BUSINESS AND OCCUPATIONAL LICE~~]SE PROVISIONS Sec. 10-30. Contractors and contracting; persons constructing on their own account for sale. (a) Every person engaged in the business of contracting and persons con- structing on their own account for sale shall pay for the privilege an annual license tax of sixteen cents ($0.16) per one hundred dollars ($100.00) of gross receipts from the business during the preceding calendar year or thirty dollars ($30.00), whichever is higher. (b) "Contractor" means any person, firm or corporation: (1) Accepting or offering to accept orders or contracts for doing any work on or in any building or structure requiring the use of paint, stone, brick, mortar, wood, cement, structural iron or steel, sheet iron, galvanized iron, metallic piping tin, lead, or other metal or any other building material; (2) Accepting or offering to accept contracts to do any paving, curbing, or other work on sidewalks, streets, alleys, or high- ways, on public or private property, using asphalt, brick, stone, cement, concrete, wood, on any composition; (3) Accepting or offering to accept an order for or contract to excavate earth, rock, or other material for foundation or any other purpose or for cutting, trimming or maintaining rights-of- way; (4) Accepting or offering to accept an order or contract to con- struct any sewer of stone, brick, terra cotta, or other mater- ial; 18 (5) Accepting or offering to accept orders or contracts for doing any work on or in any building or premises involving the erect- ing, installing, altering, repairing, servicing, or maintaining electric wiring, devices, or appliances permanently connected to such wiring; or the erecting, repairing or maintaining of lines for the transmission or distribution of electric light and power; or (6) Accepting or offering to accept an order or contract to remod- el, repair, wreck, or demolish a building; or (7) Accepting or offering to accept an order or contract to bore or dig a well; or (8) Accepting or offering to accept an order or contract to in- stall, maintain, or repair air-conditioning apparatus or equip- meet; or (9) Engaging in the business of plumbing and steam fitting. State Law reference - Code of Virginia Sections 58.1-3706(A)(1) and 58.1-3714. Sec. 10-31. Retail sales. (a) Every person engaged in the business of retail sales shall pay for the privilege an annual license tax of twenty cents ($0.20) per one hundred dollars ($100.00) of gross receipts from the preceding license tax year or thirty dollars ($30.00), whichever is higher. (b) A retail sale is the sale of goods, wares, and merchandise for any purpose other than resale. (c) Any person who is both a wholesale merchant and a retail merchant is subject to the retail license tax for the retail portion of the business and 19 the wholesale license tax for the wholesale portion of the business. Such person may, however, obtain a retail license for both the retail and wholesale portions of the business. State Law reference - Code of Virginia Section 58.1-3706(A)(2). Sec. 10-32. Financial services. (a) Every person engaged in the business of providing a financial ser- vice shall pay for the privilege an annual license tax in the amount of fifty cents ($0.50) per one hundred ($100.00) of gross receipts from the occupation during the preceding calendar year or thirty dollars ($30.00), whichever is higher. (b) Any person rendering a service for compensation in the form of a credit agency, an investment company, a broker or dealer in securities and commodities or a security or commodity exchange is providing a financial ser- vice, unless such service is specifically provided for under another section. (c) Those engaged in rendering financial services include, but are not limited to, the following: Buying installment receivables Chattel mortgage financing Cons~mier financing Credit card services Credit unions Factors Financing accounts receivable Industrial loan companies Instalment financing 20 Inventory financing Loan or mortgage brokers Loan or mortgage companies Safety deposit box companies Security and commodity brokers and services Stockbroker Working capital financing Other money lenders (d) Any person other than a national bank or a bank or trust company organized under the laws of this state, or a duly licensed and practicing attorney at law, who engages in the business of buying or selling for others on commission or for other compensation, shares in any corporation, bonds, notes or other evidences of debt is a stockbroker. The fact that orders are taken subject to approval by a main office does not relieve the broker from local license taxation. Also, an insurance company engaged in selling mutual funds is a broker as to that portion of its business. State Law reference - Code of Virginia Section 58.1-3706(A)(3). Sec. 10-33. Real estate services. (a) Eery person engaged in the business of providing a real estate ser- vice shall pay for the privilege an annual license tax in the amount of fifty cents ($0.50) per one hundred dollars ($100.00) of gross receipts from the business during the preceding calendar year or thirty dollars ($30.00), which- ever is higher. (b) Any person rendering a service for compensation as lessor, buyer, seller, developer, agent or broker is providing a real estate service, unless 21 the service is specifically provided for under another section. (c) Those rendering real estate services include, but are not limited to, the following: Appraisers of real estate Escrow agent, real estate Fiduciaries, real estate Real estate agents, brokers, and managers Real estate selling agents Rental agents for real estate State Law reference - Code of Virginia Section 58.1-3706(A)(3). Sec. 10-34. Professional services. (a) Every person conducting or engaging in the business of providing a professional service shall pay for the privilege an annual license tax of fifty cents ($0.50) per one hundred dollars ($100.00) of gross receipts from the occupation during the preceding calendar year or thirty dollars ($30.00), whichever is higher. (b) A person is engaged in providing a professional service if engaged in rendering any service specifically enumerated below or engaged in any occu- pation or vocation in which a professed knowledge of some department of science or learning, gained by a prolonged course of specified instruction and study is used by its practical application to the affairs of others, either advising, guiding, or teaching them, and in serving their interests or welfare in the practice of an art or science founded on it. The word "profession" implies attainments in professional knowledge as distinguished from mere skill, and the application of knowledge to uses for others as a vocation. 22 Those engaged in rendering a professional service include, but are not limited to, the following: Architects Attorneys-at-law Certified public accountants Dentists Engineers Land surveyors Practitioners of the healing arts (as defined in Virginia Code Section 54-273(2) Professional counselors (including certified alocholism or drug counselors) Psychologists Social Workers Surgeons Veterinarians (c) The performing of services dealing with the conduct of business it- self, including the promotion of sales or services of such business and con- sulting services, do not constitute the practice of a profession, even though the services involve the application of a specialized knowledge. (d) Certification as a professional by itself is not sufficient to estab- lish liability for local license taxation. Also, the fact that a professional is compensated by means of a salary is not sufficient by itself to relieve that professional from local license tax liability. (e) Gross receipts for purposes of local license taxation as a profes- sional include only those gross receipts obtained from the practice of that profession as a business, whether it be on a full or part-time basis, in corpo- 23 rate, partnership, sole proprietorship, or association form. It is the intent of this section to tax individually those persons practicing a profession. The measurement of each license in subsection (b) shall be as follows: (1) Practice of a profession as an individual. Basis of each indi- vidual license shall be "gross receipts" as defined in section 10-1. (2) Practice of a profession as a member of a professional associa- tion or as a member of a partnership. Basis of each individual license shall be "gross receipts" as defined in section 10-1; provided, however, that each individual license shall be mea- sured by salary and such part of the gross receipts of the pro- fessional association or partnership remaining after the pay- ment of salaries to all members of the professional association or partnership in the proportion of the interest or ownership of the licensee in the association or partnership. (3) Practice of a profession as an employee of another person prac- ticing the same or related profession. Basis of each individ- ual license shall be the amount of the salary paid. In such case the salary may be claimed as a deduction from the license basis of the employing professional person. State Law reference - Code of Virginia Section 58.1-3706(A)(3). Sec. 10-35. Repair service occupations. (a) Et~ery person conducting or engaging in any repair service occupa- tion, business, or trade shall pay for the privilege an annual license tax of 24 thirty-four cents ($0.34) for each one hundred dollars ($100.00) of gross re- ceipts from the occupation during the preceding calendar year or thirty dol- lars ($30.00), whichever is higher. (b) Repair service occupations include, but are not limited to: Airplane repair Auto repair, engine repair of any type Bicycle repair Business and office machines repair Clothes, hats, carpets or rugs, repair of Dressmaking, slip covers, drapery and/or curtain making (service only) FLirniture, upholstering, repair of Gunsmith, gun repairing Locksmith Machine shop, boiler shop Mattresses, repair of Nickel and chrome plating Paint shop, other than contractor Radio, refrigerators, electrical appliance, home appliances, repair of Reweaving Road machines, farm machinery, repair of Saw, tools, repair of Shades, repair of Shoe repair Tire repair Toys, repair of Umbrellas, harness, leather goods, repair of Washing, automatic-cleaning of automobiles 25 Watches, clocks, repair of Welding shop Other repair services. State Law reference - Code of Virginia Section 58.1-3706(A)(4). Sec. 10-36. Personal and business service occupations. (a) Every person engaged in the business of providing a personal or busi- ness service shall pay for the privilege an annual license tax of thirty-four cents ($0.34) per one hundred dollars ($100.00) of gross receipts from the occupation during the preceding calendar year or thirty dollars ($30.00), whichever is higher. (b) Those rendering a personal or business service include, but are not limited to, the following: Addressing letters or envelopes Advertising agencies Airports Ambulance services Amusements and recreation services (all types) Animal hospitals, grooming services, kennels or stables Artists Auctioneers and common criers Automobile driving schools Barber shops, beauty parlors, and hairdressing establishments, schools and services Bid or building reporting service Billiard or pool establishments or parlors 26 Blacksmith or wheelwright Boat landings Bondsman Booking agents or concert managers Bottle. exchanges Bowling alleys Brokers and commission merchants other than real estate or financial brokers Business research and consulting services Cemeteries Chartered clubs Child care attendants or schools Child or adult home care registry Cleaning chimneys and/or furnaces Clinical laboratory Coin machine operator Collection agents or agencies Commercial photography, art and graphics Commercial sports Computerized information retrieval service Dance band Dance halls, studios and schools Data processing, computer and systems development services Developing or enlarging photographs Detective agency and protective services Domestic service registry Drafting services 27 Electrolysis or scalp treatment Engraving Erecting, installing, removing or storing awnings Escort service Extermination services Freight traffic bureaus Fumigating or disinfecting Funeral services and crematories Golf courses, driving ranges and miniature golf courses Hauling of sand, gravel or dirt Hospitals, profit and nonprofit Hotels, motels, tourist courts, boarding and rooming houses and trailer parks and campsites House cleaning services Information bureaus Instructors, tutors, schools and studios of music, ceramics, art, sewing, sports and the like Interior decorating Janitorial services Labor service Laundry cleaning and garment services including laundries, dry cleaners, linen supply, diaper service, coin-operated laundries and carpet and upholstery cleaning Limousine service Mailing, messenger and correspondent services Movie theaters and drive-in theaters Nickel plating, chromizing and electroplating Nurses and physician registries 28 Nursing and personal care facilities including nursing homes, convales- cent homes, homes for the retarded, old-age homes and resthomes Packing, crating, shipping, hauling or moving goods or chattels for others Parcel delivery services Parking lots, public garages and valet parking Pawnbrokers Personal services, labor agents and employtr~_.r-t bureaus Photographers and photographic services Photocopying Physical fitness establishment Physicians registry Piano tuning Picture framing and gilding Porter services Press clipping services Private investigation Promotional agents or agencies Public relations services Realty multiple listing services Renting or leasing any items of tangible personal property Reproduction services Secretarial services Septic tank cleaning Shoe repair, shoe shine and hat repair shops Sign painting Statistical service Storage-all types 29 Swimming pool, other than nonprofit or cooperative Swimming pool maintenance and management Tabulation services Tanning salons Tax preparers (other than professionals listed in Sec. 10-34.) Taxicab companies Taxidermist Telephone answering services Theaters Theatrical performers, bands and orchestras Towing services Transportation services including buses and taxis Travel bureaus Tree surgeons, trimmers and removal services Trucking companies, intrastate and interstate (unless holding a certifi- cate of public convenience from State Corporation Commission) Turkish, Roman or other like baths or parlors Undertaker, embalmer Vehicle title service Wake-up services Washing, cleaning or polishing automobiles Writers Other personal or business service occupations. State Law reference - Code of Virginia Section 58.1-3706(A)(4). 30 ARTICI~ III. SPECIAL LICENSE PROVISIONS Sec. 10-40. Bondsmen. (a) Every person who, for compensation, enters into any bond or bonds for others, whether as principal or surety, shall pay for the privilege an annual license tax of five hundred dollars ($500.00), not transferable or sub- ject to proration. (b) No such license shall be issued unless and until the applicant shall have first obtained a certificate from the judge of the circuit court as pro- vided in Article 4, Chapter 9, Title 19.2 of the Code of Virginia. (c) A license granted to a professional bondsman in Roanoke County shall authorize such person to enter into such bonds in any other county or city. (d) Any person who violates the provisions of this section shall have his license revoked and shall pay a penalty of one thousand dollars ($1,000.00). State Law reference - Code of Virginia Section 58.1-3724. Sec. 10-41. Fortune-tellers, Astrologists, Etc. (a) Every person engaged in business as a fortune-teller, clairvoyant, phrenologist, spirit medium, astrologist, hypnotist, palmist, or handwriting analyst, for which compensation is received, shall pay for the privilege an annual license tax of one thousand dollars ($1,000.00), which license shall not be transferred or prorated. (b) Any person who engages in the activities of subsection (a) without obtaining a license shall be guilty of a Class 3 misdemeanor. State Law reference - Code of Virginia Section 58.1-3726. 31 Sec. 10-42. Photographers with no regularly established place of business. (a) Every photographer having no regularly established place of business in Roanoke County shall pay an annual license tax of thirty dollars ($30.00) per year. Such tax shall not be transferable or subject to proration. (b) The term "photographer" shall mean any person, partnership, or cor- poration having no regularly established place of business in Roanoke County who provides services consisting of the taking of pictures or the making of pictorial reproductions in the County. The term shall also include every employee, agent, or canvasser for such photographer. State Law reference - Code of Virginia Section 58.1-3727. Sec. 10-43. Commission merchants. (a) Eery person engaging in business as a commission merchant shall pay for the privilege an annual license tax of thirty-six cents ($0.36) per one hundred dollars ($100.00) of commission income or thirty dollars ($30.00), whichever is higher. Such person engaged in such business shall not be sub- ject to tax on total gross receipts from such sales. (b) A commission merchant is any person engaged in the business of sell- ing merchandise on commission by sample, circular, or catalogue for a regular- ly established retailer, and who has no stock or inventory under his control other than floor samples held for demonstration or sale and owned by the prin- cipal retailer. State Law reference - Code of Virginia Section 58.1-3733. 32 Sec. 10-44. Wholesale Merchants. (a) Every person engaged in the business of a wholesale merchant shall pay for the privilege an annual license tax of five cents ($0.05) per one hun- dred dollars ($100.00) of gross expenditures in the preceding license tax year. (b) A wholesale merchant is one who sells goods, wares, and merchandise to other persons for resale and who has a definite place of business or store within the county. State Law reference - Code of Virginia Section 58.1-3716. Sec. 10-45. Peddler and itinerant merchants. (a) Any person who shall carry from place to place any goods, wares, or merchandise and offer to sell or barter the same, or actually sell or barter the same, shall be deemed to be a peddler. Peddlers of family supplies of a perishable nature and peddlers of ice, wood, or coal shall pay for the privi- lege of engaging in such business a license tax of fifty dollars ($50.00) per month, or fraction thereof, for each vehicle with a yearly maximum tax of one hundred fifty dollars ($150.00) for the first vehicle and seventy-five dollars ($75.00) for each additional vehicle not to exceed five hundred dollars ($500.00) total. Peddlers of general merchandise shall pay for the privilege of engaging in such business a license tax of two hundred fifty dollars ($250.00) per month, or fraction thereof, per vehicle and not to exceed five hundred dollars ($500.00) in any one year. (b) An itinerant merchant is any person who engages in, does or trans- acts any temporary or transient business in the county and who, for the pur- pose of carrying on such business, occupies any location for a period of less 33 than one year. Any itinerant merchant of family supplies of a perishable na- ture and of ice, wood, or coal shall pay for the privilege of engaging in such business a license tax of two hundred fifty dollars ($250.00) per month, or fraction hereof , and not to exceed five hundred dollars ($500.00) in any one year. Itinerant merchants of general merchandise shall pay for the privilege of engaging in such business an annual license tax in the amount of five hun- dred dollars ($500.00). c. For purposes of this section, "family supplies of a perishable na- ture" shall include meats, milk, butter, eggs, poultry, game, vegetables, fruits, flowers, plants, seafood, sandwiches, or other farm products. All other products--except ice, wood, or charcoal--shall be considered "general merchandise. " d. This section shall not apply to those who sell or offer for sale in person or by their employees ice, wood, charcoal, or family supplies of a per- ishable nature grown or produced by them and not purchased by them for sale. Anyone exempt under this paragraph must provide proof of such exemption upon request. State Law reference - Code of Virginia Section 58.1-3717 Sec. 10-46. Peddler at Wholesale. (a) Every person engaging in business as a peddler at wholesale shall pay for the privilege an annual license tax in the amount of five cents ($0.05) per one hundred dollars ($100.00) of gross purchases for the preceding license tax year. (b) A peddler at wholesale is any person, firm, or corporation who or which sells or offers to sell goods, wares, or merchandise to licensed 34 dealers, other than at a definite place of business operated by the seller, and the time of such sale or exposure for sale delivers, or offers to deliver, the goods, wares, or merchandise to the buyer shall be deemed a peddler at wholesale. For purposes of this section, any delivery made on the day of sale shall be construed as a delivery at the time of sale. State Law reference - Code of Virginia Section 58.1-3718. Sec. 10-47. Limitations on license taxes imposed on peddlers, itinerant merchants, and peddlers at wholesale. Any license tax imposed on peddlers or itinerant merchants or on peddlers at wholesale shall not apply to: 1. A licensed wholesale dealer who sells and, at the time of such sale, delivers merchandise to retail merchants; 2. A distributor or vendor of motor fuels and petroleum products; 3. A distributor or vendor of seafood who catches seafood and sells only the seafood caught by him; 4. A farmer or producer of agricultural products who sells only the farm or agricultural products produced or grown by him; 5. A farmers' cooperative association; 6. A manufacturer who is subject to Virginia tax on intangible personal property who peddles at wholesale, only the goods, wares, or merchandise manu- factured by him at a plant, and whose intangible personal property is taxed by this Commonwealth. State law reference - Code of Virginia Section 58.1-3719. 35 Sec. 10-48. Direct sellers. (a) Any person engaging in business as a direct seller shall pay for the privilege an annual business license tax at the rate of twenty cents ($0.20) per one hundred dollars ($100.00) of retail sales gross receipts, and five cents ($0.05) per one hundred dollars ($100.00) of wholesale gross receipts; except that no annual business license tax shall be levied if the direct sel- ler has annual gross receipts of four thousand dollars ($4,000.00) or less. (b) A direct seller must apply annually for a business license and pro- vide copies of the signed, written contract covering the direct sales activi- ties of the taxpayer for the current year. The commissioner of the revenue shall determine whether the taxpayer is eligible for licensing under this sec- tion, and whether the taxpayer is eligible for the exemption of this section. (c) As used in this section the term "direct seller" means any person who: (1) Engages in the trade or business of selling or soliciting the sale of consumer products primarily in private residences and maintains no public location for the conduct of such business; and (2) Receives remuneration for such activities, with substantially all of such remuneration being directly related to sales or other sales-oriented services, rather than to the number of hours worked; and (3) Performs such activities pursuant to a written contract between such person and the person for whom the activities are per- formed and such contract provides that such person will not be 36 treated as an employee with respect to such activities for fed- eral or state tax purposes. State Law reference - Code of Virginia Section 58.1-3719.1. Sec. 10-49. Alcoholic beverages. (a) The license tax for alcoholic beverage sales and distribution shall be as follows: (1) For each wholesale beer license the tax shall be seventy-five dollars ($75.00) per annum. (2) For each wholesale wine distributor's license, the tax shall be fifty dollars ($50.00) per ann~un. (3) For each retail on-premises wine and beer license for a hotel, restaurant, or club, the tax shall be thirty-seven dollars and fifty cents ($37.50) per annum. (4) For each retail off-premises wine and beer license, the tax shall be thirty seven dollars and fifty cents ($37.50) per annum. (5) For each retail on-premises beer license for a hotel, restaur- ant, or club, the tax shall be twenty-five dollars ($25.00) per annum. (6) For each retail off-premises beer license the tax shall be twenty-five dollars ($25.00) per annum. (7) For each person holding mixed beverage restaurant and caterer's licenses, the tax shall be: (aa) Two hundred dollars ($200.00) per annum for each restau- rant with a seating capacity at table for 50 to 100 per- sons. 37 (bb) Three hundred fifty dollars ($350.00) per annum for each restaurant with a seating capacity at tables for more than 100 but not more than 150 persons. (cc) Five hundred dollars ($500.00) per annum for each restau- rant with a seating capacity at tables for more than 150 persons. (dd) Five hundred dollars per annum for each caterer. (ee) Mixed beverage special events license, ten dollars ($10.00) for each day of each event. (8) For each private, non-profit club operating a restaurant lo- cated on the premises of such club, the mixed beverage license tax shall be three hundred fifty ($350.00) per annum. (b) Any license tax imposed by this section shall be in addition to the gross receipts license tax imposed by section 10-31 of this chapter. (c) Whenever the word "beer" is used in this section it shall be con- strued to include porter, ale, stout and other malt beverages, but not vinous beverages. (d) No license shall be issued to any person under the provisions of this section unless the applicant therefor holds at the same time, or simul- taneously procures, a state license from the alcoholic beverage control board. (e) All dining rooms, restaurants, lunch rooms and club rooms, wherein the beverages defined in this section are sold for consumption on the pre- mises, shall at all times be open to inspection by the state police and the police authorities of the county. Any store room or other building from which deliveries are made either at wholesale or retail by bottlers, wholesalers or retailers shall at all times be open to the inspection of the state police and 38 the police authorities of the county. Any violation of the terms of this pro- vision shall be sufficient grounds for the revocation of the license issued in accordance with this section. (f) The terms used in this section shall have the same meanings set forth in sections 4-38 and 4-98.19 of the Code of Virginia, unless a different meaning shall be clearly intended. (g) The license taxes imposed by this section shall not be prorated. No license issued under the provisions of this section shall be transferable from one person to another, but may be amended to show a change in the place of business. State Law reference - Code of Virginia Sections 4-38, 4-98.19 Sec. 10-50. Massage parlors. (a) Every person operating a massage parlor shall pay an annual license tax of five thousand dollars ($5,000.00) not transferable to another person or subject to proration for a part of a license year. (b) A massage parlor is defined as any place where manipulation of body tissues for remedial or hygienic purposes, or any other purpose, is conducted and the owners and employees individually do not hold valid massage therapist permits or physiotherapy licenses. State Law reference - Code of Virginia Section 58.1-3706. Sec. 10-51. Collection agencies. (a) For purposes of the license tax authorized in Section 10-36, any person, firm, or corporation whose business it is to collect claims, including 39 notes, drafts, and other negotiable instruments, on behalf of others, and to render an account of the same shall be deemed a collection agency. This sec- tion shall not apply, however, to a regularly licensed attorney-at-law. (b) No local license hereunder shall be issued to any person desiring to act as a collection agent or agency in the Commonwealth unless such person exhibits a current license or other evidence showing that the applicant has been duly licensed to act as a collection agent or agency by the Virginia Col- lection Agency Board. State Law reference - Code of Virginia Section 58.1-3725. Sec. 10-52. Shows and sales. Any person or organization may sponsor a show and sale on the taking out of a license under this section. A tax of thirty dollars ($30.00) is hereby imposed on any such show and sale. Payment of the tax unposed by this section shall permit the licensee to conduct shows and sales in the county for a per- iod not exceeding three (3) days from the date of such license. A license issued under this section shall be in lieu of an itinerant vendor's or ped- dler's license which would otherwise be required under section 10-45 for any seller who participates in such shows and sales under the sponsorship of such person or organization. The tax imposed by this section shall not apply to any auction or sale if the only sales thereunder are made directly by a nonpro- fit organization. Nonprofit organizations which sponsor shows and sales are exempt from the charge for this license requirement. Notwithstanding any pro- vision of the County Code to the contrary, the license issued hereunder shall not be prorated. 40 Sec. 10-53. Coin-operated amusement machines; amusement machine operators. (a) Every person selling, leasing, renting or otherwise furnishing or providing a coin-operated amusement machine or device as defined by Virginia Code Section 58.1-3720 (1984), shall be dePa'ned to be an amusement machine oper- ator, except that a person owning fewer than three (3) machines and operating such machines on property owned or leased by such person is not an amusement machine operator. (b) Every amusement machine operator as herein defined shall pay for the privilege an annual license tax according to the following table: 3 machines or less ...........................................$ 25.00 4 machines ................................................... 50.00 5 machines ................................................... 75.00 6 machines ................................................... 100.00 7 machines ...................................................$125.00 8 machines ................................................... 150.00 9 machines ................................................... 175.00 10 or more machines .......................................... 200.00 (c) The license tax imposed by this section is not in lieu of, but is in addition to, other license taxes imposed by this code, including the gross receipts tax imposed by section 10-36. (d) Every amusement machine operator shall furnish to the cornnissioner of the revenue a complete list of all machines on location and the names and addresses of each location on or before the thirty-first day of January of each year. 41 (e) Each machine shall have conspicuously located thereon a decal, stick- er or other adhesive label, no less than 1x2 inches in size, clearly denoting the operator's name and address. (f) Any person, firm, or corporation providing any such amusements ma- chines or other devices and failing to procure a county license shall be sub- ject to a fine of five hundred dollars ($500.00) for each offense and the ma- chine or other device shall become forfeited to the county. (g) Exemptions. The amusement machine operator's license tax shall not be applicable to operators of weighing machines, automatic baggage or parcel checking machines or receptacles, nor to operators of vending machines which are so constructed as to do nothing but vend goods, wares, and merchandise or postage stamps or provide service only, nor to operators of viewing machines or photomat machines, nor operators of devices or machines affording rides to children or for the delivery of newspapers. State Law reference - Code of Virginia Sections 58.1-3720, 3721, 3722, 3723. Sec. 10-54. Savings and loan associations. Every savings and loan association whose main office is located within Roanoke County shall pay an annual license fee of fifty dollars ($50.00). State Law reference - Code of Virginia Section 58.1-3730. Sec. 10-55. Permanent coliseums, arenas, or auditoriums. (a) There is hereby imposed an annual license tax of one thousand dol- lars ($1,000.00) on every permanent coliseum, arena, or auditorium within the 42 . county having a maximum seating capacity of more than ten thousand persons and open to the general public. (b) Any person may present, conduct, operate, or provide amusements, exhibitions, sporting events, theatrical performances, or any other lawful performances, exhibitions, or entertainment under a single license authorized by this section. (c) Notwithstanding any other provision of this chapter, any license imposed by this section shall be in lieu of any or all licenses required for exhibitions, performances, or events occurring within such coliseum, arena, or auditorium. (d) If such coliseum, arena, or auditorium is owned and operated by a political subdivision of the Commonwealth, there shall be no tax. State Law reference - Code of Virginia Section 58.1-3729. Sec. 10-56. Public service corporations. (a) Eery public service corporation engaged in the business of provid- ing telephone, telegraph, water, heat, light, or power service shall pay for the privilege an annual license tax of one-half of one percent (0.5~) of the gross receipts accruing to such corporation from business in the county, ex- cluding gross receipts earned within the Town of Vinton, Virginia. (b) In the case of telephone companies, charges for long distance tele- phone calls shall not be included in gross receipts for purposes of license taxation. (c) For the purposes of this section, gross receipts shall be ascer- tained as of the thirty-first day of December of each year and the tax for the current calendar year shall be based on receipts for the preceding calendar 43 year. (d) The tax imposed by this section shall be assessed on the first day of January of each calendar year and shall be due and payable to the treasurer of the county on or before the thirty-first day of January following the date on which the tax is assessed. (e) Excluded from the provisions of this section are gross receipts attributable to service supplied to the governments of the United States and Virginia, their political subdivisions and agencies, and charges paid by the insertion of coins into coin boxes of pay telephones. State Law reference - Code of Virginia Section 58.1-3731. Sec. 10-57. Carnivals, circuses, speedways. (a) Every person who operates a carnival, circus, or speedway shall pay for the privilege a license tax of two hundred fifty dollars ($250.00) per performance. (b) Until such tax has been paid, the county shall have a lien upon the property of such carnival, circus, or speedway to the extent of the unpaid tax. (c) Every person, firm, company, or corporation which exhibits or gives a performance or exhibition of any of the shows, carnivals, or circuses, above- described in this section, without the license required, shall be fined not less than $50.00, nor more than $500.00 for each offense. (d) A "carnival" shall mean an aggregation of shows, amusements, conces- sions, eating places, and riding devices or any of them, operated together on one lot or street or on contiguous lots or streets, moving from place to place, whether or not the same are owned and actually operated by separate 44 persons, firms, or corporations. State law reference - Code of Virginia Section 58.1-3728. 2. That the permit fee for solicitor's permits required by Section 19-3 of the Roanoke County Code shall be thirty dollars ($30.00) per year per per- son. 3. That this ordinance shall be in full force and effect on and after January 1, 1989. On motion of Supervisor Nickens to approve the ordinance and that the County Attorney study suggestions made during the public hearing, seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NpyS ; None A COPY TFS'I~: ~~~~^ Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Director, Planning Department Director, Zoning Department Paul Mahoney, County Attorney Magistrate Sheriff's Department Roanoke Law Library, 315 Church Avenue, S.W., Rke, 24016 Main Library Roanoke County Code Book Roanoke County J&D Court, Intake Counsellor The Honorable R. Wayne Compton, Commissioner of Revenue The Honorable Alfred C. Anderson, Treasurer The Honorable F. W. Burkart, Commonwealth Attorney 45 ACTION # ITEM NUMBER ~~~~'`~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 22, 1988 AGENDA ITEM: Business License Rates and Ordinance Revision COUNTY ADMINISTRATOR'S COMMENTS: i> SUMMARY OF INFORMATION: The present county business license ordinance was enacted in the early 1970s. Since that time, the Virginia code provisions which authorizes county business license taxes (Chapter 37 of Title 58.1) has been recodified and the Department of Taxation has adopted regular guidelines in this area which differ substan- tially in several areas from the county's current licensing scheme. As examples, photo developer, private duty nurses, and private tutors do not clearly fit into one of the current licens- ing categories but would be covered under the revised ordinance as a personal or business service. The county's current license tax rate exceeds the state permitted maximum for wholesale mer- chant's and alcoholic beverage fees. The business license section of the Commissioner of the Reve- nue's office has experienced considerable difficulty over the past several years in enforcing compliance with the current ordin- ance. This has been accentuated by problems of enforcement in the General District Court arising from the less than precise and up-to-date provision of that ordinance. No substantial increase in revenue is contemplated upon the revised ordinance, in fact, the major categories of business, personal and professional services are under the maximum permit- ted by state law. The following new categories of licenses have been added to achieve consistency with the state code and regula- tions: real estate services; financial services; public service corporations; peddlers at wholesale; permanent coliseums, arenas and auditoriums; direct sellers and bondsmen. Real estate ser- vices and financial services will be taxed at the same rate as professional services as they are placed in the same subsection of the Virginia Code. Section 58.1-3706(A)(3), 1950 Code of Vir- ginia, as amended. The first reading of this proposed ordinance was held on November 9, 1988. The second reading and public hearing is sche- duled for November 22, 1988. STAFF RECOMMENDATION: /~ ~~~ Staff recommends approval of the revised County Code related to business licenses and the business license rate schedule. Respectfully submitted, Jo~Jeph ~ . `Obens''~a in Senior Assistant County Attorney ------------------------------------------------------------------ ACTION VOTE Approved ( } Motion by: No Yes Abs Denied ( ) Garrett Received ( ) Johnson Referred McGraw To Nickens Robers /~g~-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOK.E COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 22, 1988 ORDINANCE AMENDING AND REENACTING CHAPTER 10, LICENSES, AND PROVIDING FOR A PERMIT FEE FOR SOLICITOR'S PERMITS WHEREAS, Virginia Code Section 58.1 confers on local governments the authority to levy, assess, and collect license taxes on businesses, trades, professions, occupations, and call- ings and upon the persons, firms, and corporations engaged there- in; and WHEREAS, the Charter of the County of Roanoke, Acts of Assembly, Chapter 616 (1986), Section 2.02, provides that Roanoke County shall have the power to require licenses; to prohibit the conduct of any business, profession, vocation, or calling without such license; and to requires taxes to be paid on such licenses for all businesses, professions, violations, and callings not exempted by prohibition of general law; and WHEREAS, the County of Roanoke wishes to exercise the above-described powers in order to distribute the tax burden of the County and to collect revenue in support of the operation of government; and WHEREAS , after an opportunity for the citizens of this County to be heard upon this matter at a public hearing held on November 22, 1988; and WHEREAS, the first reading of this ordinance was held on November 9, 1988; and the second reading on this ordinance was held on November 22, 1988. ARTICLE I. IN GF3~AL 118!^ ~ ---tom ' ~° Sec. 10-1. Definitions. As used in this chapter and as applied to the business, trade, or occupa- tion subject to the license taxes hereinafter set forth and not specifically otherwise taxed: (a) Gross expenditures shall mean all expenditures incurred in connec- tion with the acquisition or lease of real property, including cash, credits, fees, commissions, brokerage charges and rentals; all expenditures incurred in connection with the improvement or development of such property by force account, including costs of all labor involved in such improvement or develop- ment, cost of materials and supplies, equipment rental or an equivalent charge therefor if equipment is owned by the builder or developer; and any other ex- penditure of whatever description incurred in connection with the improvements or development by force account of such property. The term "gross expendi- tures" shall not include amounts expended for interest on or payment of princi- pal of debt incurred in connection with such improvement or development work. (b) Gross recei is shall mean the gross receipts from any business, pro- fession, trade, occupation, vocation, calling or activity, including cash, credits, fees, commissions, brokerage charges and rentals; property of any kind, nature or description from either sales made or services rendered with- out any deduction therefrom on account of cost of the property sold, the cost of materials, labor or service or other costs, interest, or discounts paid, or any expense whatsoever; and shall include in the case of merchants the amount of the sale price of supplies and goods furnished to or used by the licensee or his family or other person for which no charge is made; provided, however, that the term "gross receipts" with respect to manufacturers and wholesale 2 /~ ~~' y -~ merchants manufacturing or dealing in articles upon which there is levied a direct excise tax by the United States shall .exclude such excise tax payments to the United States government; provided further, that wholesale and retail dealers in petroleum products on which the state levies a motor vehicle fuel tax shall exclude such tax payments to the state to the same extent that the tax has first been included in the "gross receipts"; provided further, that retail motor vehicle dealers shall deduct trade-in allowances credited on sales of both new and used motor vehicles; provided further, in computing the gross receipts of licensees under section 10-36 of this Code, the licensees shall be permitted to claim as a deduction the amount of salary paid to any person employed by them who is duly licensed in the same profession, under such section. The term "gross receipts" when used in connection with, or in respect to financial transactions involving the sale of notes, stocks, bonds or other securities; the loan, collection or advance of money; or the discounting of notes, bills, or other evidence of debt, shall be deemed to mean the gross interest, gross discount, gross commission, or other gross receipts earned by means of, or resulting from such financial transactions, but the term "gross receipts" shall not include amounts received as payment of debts. The term "gross receipts" shall include the gross receipts from all sales made or services rendered or activities conducted from a place of business within the county, both to persons within the county and to persons outside the county. In this connection the word "person" shall be construed to include govern- mental agencies. The calculation of gross receipts for license tax purposes shall be on either a cash or actual basis; provided, however, that the basis used must 3 //~- ~ _~~=-~-_ coincide with the system of accounts used by the taxpayer and the method em- ployed by the taxpayer for federal and state income tax purposes. (c) License tax year. The license tax year shall be from January 1 to December 31. (d) Person shall include individuals, firms, copartnerships, corpora- tions, companies, associations, or joint stock corporations; and it shall in- clude any trustee, receiver, assignee, or personal representative thereof carrying on or continuing a business, profession, trade, or occupation. This definition shall not include a trustee, receiver, or other representative duly appointed by a court to liquidate assets for immediate distribution; or a ser- geant, sheriff, or deputy selling under authority of process or writ of a court of justice. Sec. 10-2. Business, trade, etc., subject to tax; gross receipts earned out- side the County. (a) Each and all of the taxes hereinafter imposed are in all cases im- posed upon the privilege of doing business or exercising a profession, trade, or occupation in the county, including all phases of the business, profession, trade or occupation conducted in the county. (b) As to businesses, professions, trades, or occupations for which a gross receipts license is levied on persons having a definitely established place of business or maintaining an office in the county, it is the policy of the county to require that all gross receipts derived from the business, pro- fession, trade, or occupation shall be included in their licensing basis in conformance with Section 10-1(b); provided, that in cases where their busi- ness, profession, trade, or occupation requires the performance of certain 4 /i~=~ activities without the county, and they become subject to and pay a licensing tax to a foreign taxing jurisdiction based on gross receipts derived from activities conducted within a foreign taxing jurisdiction, they shall be per- mitted to deduct such gross receipts taxed by the foreign taxing jurisdiction in arriving at their licensing basis. In all cases such deduction must first be included in their total gross receipts. (c) As to businesses, professions, trades, or occupations on which a gross receipts license tax is levied, and which are carried on or conducted only in part within the county limits by persons having no definitely estab- lished place of business or maintaining no office within Roanoke County, it is the policy of the county to subject such persons to the same provisions, condi- tions, and rates that persons having a definitely established place of busi- ness or maintaining an office within the county are subjected to; and, in such cases where only part of the business, profession, trade, or occupation is so conducted or carried on within the county, the tax liability shall be measured by only that portion of the business, profession, trade, or occupation con- ducted or carried on within the county limits. (d) In this connection the term "foreign taxing jurisdiction" shall be construed as limited to other counties, cities, and towns of the Commonwealth of Virginia. State law reference - Code of Virginia Section 58.1-3708, 3709. Sec. 10-3. Levying of license taxes. For each and every year beginning with January 1 of each year and ending December 31 following, until otherwise changed, there are hereby levied and there shall be collected the annual license taxes hereinafter set forth in 5 ~~~E- y _ this chapter, except as otherwise specifically provided in this chapter, on persons conducting or engaging in any business, trade, or occupation in the county hereinafter set forth in this chapter, which license taxes shall be for the support of the county government, the payment of the county debt, and for other county purposes. State law reference - Code of Virginia Section 58.1-3703. Sec. 10-4. Application for license; duties of commissioner. (a) All persons embraced by this chapter, unless otherwise specifically provided, shall make application for licenses to the commissioner of the reve- nue by January 31 of each year. The commissioner of the revenue shall furnish the necessary forms, which shall be properly filled in with such information as the commissioner may require. Et~ery applicant for a license to conduct any business, profession, trade, or occupation under the provisions of this chap- ter shall furnish the commissioner of the revenue in writing with his correct name and trade name; his correct residence address; the nature of the busi- ness, profession, trade, or occupation to be pursued; the place where it is to be pursued; and a record of gross receipts verified by oath for the preceding twelve (12) months; as well as such other information as may be required by the commissioner of the revenue. The commissioner shall compute the amount of license tax and after payment shall issue the license, subject to zoning certi- fication as provided in Section 10-7. (b) It shall be unlawful and a violation of this chapter for any person to make false statements with intent to defraud in any application., return or affidavit required by this chapter. Such violation shall constitute (i) a Class 3 misdemeanor if the amount of the tax lawfully assessed in connection 6 l/ g~~~ .~ ~~ with the return is $1,000.00 or less, or (ii) a Class 1 misdemeanor if the amount of the tax lawfully assessed in connection with the return is more than $1,000.00. Upon conviction under this section, the Commissioner of the Reve- nue shall revoke all licenses of the business for the balance of the tax year. (c) No license issued pursuant to this chapter shall be valid or effec- tive unless and until the tax required shall be paid to the county treasurer and such payment shall be shown on the license. (d) The commissioner of the revenue shall report monthly to the trea- surer the aggregate amount of license taxes assessed during the month and placed in the hands of the treasurer for collection. State law reference - Code of Virginia Section 58.1-3916.1. Sec. 10-5. Payment of tax. All license taxes imposed by this chapter, except as herein provided, shall become due and payable on or before January thirty-first of each license tax year. In all cases where the person shall begin the business, profession, trade, or occupation upon which a license tax is imposed after January first of the license tax year, such license tax shall become due and payable within thirty (30) days of the cor-miencement of the business, profession, trade or occupation. State law reference - Code of Virginia Section 58.1-3916. Sec. 10-6. Penalty and interest for failure to pay license tax when due. There shall be a penalty of ten (10) percent, with a minimum of ten dol- lars ($10.00), added to all license taxes imposed under the provisions of this 7 chapter that are unpaid on January thirty-first of the current license year or in the case of any person first engaging in a business, profession, trade, or occupation, within thirty (30) days of the day he first engages in such busi- ness, profession, trade, or occupation. In addition to such penalty, interest at the rate of ten (10) percent per annum shall accrue and be added to all due and unpaid taxes and penalties be- ginning with the first day following the imposition of the penalty; provided, however, that for the second and subsequent years of delinquency, such inter- est shall be at the rate established pursuant to Section 6621 of the U. S. Internal Revenue Code of 1986, 26 U.S.C. ~ 6621, as amended, but not less than ten (10) percent. Taxes and penalties herein provided shall be assessed and collected in the manner provided by law for the enforcement of the collection of other taxes. State law reference - Code of Virginia Section 58.1-3916. Sec. 10-7. Duty of applicant to ascertain zoning. It shall be the duty of every person applying for a business license to ascertain whether the location for the conducting of such business, profes- sion, trade, or occupation is properly zoned and has any necessary use permit before making application for such business license. The commissioner of the revenue, in any case where he suspects the location is not properly zoned for the type of business, profession, trade, or occupation proposed by the appli- cant, shall refuse to issue such business license until a certificate is issued by the zoning administrator stating that the location is properly zoned and the necessary use permit, if any, has been granted. The issuance of a 8 ~ ~~~ y business license by the commissioner of the revenue shall not be deemed to be approval by the county of zoning compliance. Sec. 10-8. Each place of business to have separate license; multiple busi- nesses at same location. (a) No license shall be issued under the terms of this chapter to cover more than one place of business, and applicants shall be required to take out separate licenses for each place in which the business, profession, trade, or occupation to be licensed is pursued. Any person operating a business in more than one definite place and keeping one set of records for the accumulated transactions may take out a minimum license on each location in the county other than the main place of business and may deduct such sums paid for the minimum license from the total tax due when all gross receipts are attributed to such main place of business. (b) If any applicant is engaged in two (2) or more businesses, profes- sions, trades, or occupations all subject to the same rate, all measured by the same base, and all carried on at the same place of business, he may obtain one license for all such businesses, professions, trades, or occupations, but all information for each, as herein otherwise required, shall be given and shall appear on the forms. State law reference - Code of Virginia Section 58.1-3708(E). Sec. 10-9 Persons liable for license tax to keep record of gross receipts. (a) Every person liable for a license tax under this chapter, which tax is based on gross receipts or gross expenditures, shall keep all records and 9 1~~~- y --~=-~ -.--- accounts necessary to compute and to verify such gross receipts or gross expen- ditures, and the report of such gross receipts or gross expenditures shal_1 be taken from such records. All such records and general books of account shall be open to inspection and examination by any authorized representative of the county, and shall be maintained for a period of five (5) years. (b) Each licensee whose license is measured by gross receipts or gross expenditures shall submit to the commissioner of the revenue, not later than January 31 of each year, a report of his gross receipts or gross expenditures for the preceding year. (c) In those cases in which the conduct of the business, profession, trade, or occupation involves operations subject to more than one (1) rate or computed on more than one (1) base, as hereinafter set forth, the licensee is hereby required to maintain separate accounts for each such operation; pro- vided, however, that the licensee may elect to maintain a single account for all operations tax in which case the entire business license shall be computed at the highest rate applicable to any part of the business taxed on gross receipts. (d) If any licensee shall fail to maintain the records required in this section, regularly supported by customary vouchers, the commissioner of the revenue is hereby authorized and directed to estimate the taxpayer's gross receipts or gross expenditures on the basis of the best evidence he can ob- tain, and the commissioner of the revenue shall make an assessment on the ba- sis of such determination. State law reference - Code of Virginia Section 58.1-3109(b). 10 // ~~- ~` Sec. 10-10. Licenses for persons beginning business, profession, etc. (a) Every person beginning a business, profession, trade, or occupation which is subject to a license tax under the provisions of this chapter and is based in whole or in part on gross receipts or gross expenditures, shall esti- mate the amount of the gross receipts he will receive or the gross expendi- tures he will incur between the date of beginning business and the end of the then-current year, and his license tax for the then-current year shall be com- puted on such estimate. (b) Whenever a license tax is so computed upon the estimated gross re- ceipts or gross expenditures, any erroneous estimate shall be subject to cor- rection and the commissioner of the revenue shall assess such person with any additional license tax found to be due after the end of that license year, and shall at the same time correct the estimate for the then current license year, until a full year of operation shall have been completed, and in case of an over-estimate the taxpayer shall be entitled to a credit upon his license tax payable the following year. Sec. 10-11. Payment of license tax by corporations, partnerships, etc. When the business, trade, or occupation licensed is conducted by a corpor- ation or partnership, or by an employer of persons who would otherwise be lia- ble for a license tax, and the license tax is imposed upon the gross receipts or gross expenditures thereof, then the license tax shall be paid by the corpo- ration or partnership, or employer; and when so paid it shall be deemed to discharge the license tax liability of the officers and employees of such cor- poration, and of the partners and employees of such partnership and of such 11 /~g~-~ persons employed by an employer who would otherwise be liable to such license tax, insofar as the business of such licensed corporation, partnership or em- ployer is concerned. This section shall not apply to "professional occupa- tions," as defined in Section 10-36. Sec. 10-12. Transfer of licenses. (a) Licenses issued under the provisions of Article II of this chapter, except as otherwise provided, may be transferred from one person to another or from one location to another; provided that no such transfer shall be valid unless and until notice in writing is given to the commissioner of the revenue of the proposed transfer, which notice shall contain the name, trade name, if any, and the address of the proposed transferee; the proposed new location, if any; and the effective date of the proposed transfer; and the commissioner of the revenue may approve such transfer upon being satisfied of the good faith thereof. Failure to notify the commissioner of the revenue of the transfer of a license within thirty (30) days of such transfer shall invalidate such li- cense and such invalidated license shall not be subject to refund as provided by Section 10-15 of this Code. (b) It is specifically provided, however, that if the transferor's li- cense for the current license year has been based on an estimate of gross re- ceipts or gross expenditures, as provided in Section 10-1(a) and (b) of this chapter, the transferor shall reveal his gross receipts or gross expenditures for the period he was in business during the current license year and if the accumulation of gross receipts or gross expenditures by transfer date shall exceed the original estimate, the transferee shall be required to amend the license by an estimate of the gross receipts or gross expenditures he will 12 ,~~~~ ~ incur between the day of beginning business and the end of the current license year. (c) Licenses issued under the provisions of Article II shall not be transferred from one person to another but may be transferred from one loca- tion to another within the County of Roanoke. Sec. 10-13. Display of form, decal or sign issued in evidence of license. Every person required to obtain a license under the provisions of this chapter shall keep the form, decal, or sign issued in evidence thereof as pres- cribed by the commissioner of the revenue in a convenient and conspicuous place, and whenever required to do so shall exhibit the same to any authorized enforcement officer of the county. Sec. 10-14. Assessment of license taxes found for years past. If the commissioner of the revenue ascertains that any person has not been assessed with a license tax levied under the terms of this chapter for any license tax year of the three (3) license tax years last past, and the absence of such assessment was not due to the fraudulent intent to evade taxes on the part of such person, it shall be the duty of the commissioner of the revenue to assess such person with the proper license tax for the year or years omitted. Penalty and interest at the rate provided under 10-6 shall accrue thereon from the date of such assessment until payment; provided, if such assessment was necessitated through no fault of the taxpayer, such penal- ty and interest shall accrue after thirty (30) days from such date of assess- ment until payment. 13 ~~~~ y State law reference - Code of Virginia Section 58.1-3903. Sec. 10-15. Certification of erroneous assessment; refunds when licensee ceases to do business. (a) The commissioner of the revenue is empowered to certify to the trea- surer any instances of erroneous assessments. Upon receipt of such certifi- cate the treasurer is directed to make a refund based upon the certificate of the commissioner of the revenue. (b) Licenses issued under the provisions of Article II of this chapter, except those measured by other than gross receipts or gross expenditures, shall be subject to refund where the licensee goes out of business before the end of the current license year subject to all of the following qualifica- tions: (1) License for the current license year must be based on gross receipts or gross expenditures obtained throughout the preced- ing calendar year. (2) The reason for going out of business is not connected in any manner with the violation of any state law or local ordinance or violation of any rules or regulations made pursuant there- to. (3) The amount of refund shall be determined in the following man- ner: If the licensee goes out of business after January 1 and before April 1, the refund shall be seventy-five (750) percent of the tax paid; if the licensee goes out of business on or after April 1 and before July 1, the refund shall be fifty (500) percent of the tax paid; and if the licensee goes out of 14 f/~ business on or after July 1 and before October 1, the refund shall be twenty-five (25%) percent of the tax paid; but in no case shall the refund reduce the tax below the minimum as pro- vided by this Code. (4) No refund shall be made of any minimum flat tax or of any other flat license fee not based on gross receipts. (c) Refunds based on licensee going out of business shall be made in the same manner as herein provided for erroneous assessments. (d) If any person seeking a refund is indebted to the county or any de- partment or office thereof, or is indebted to any state constitutional office of the county for a local levy, the refund, or so much thereof as is neces- sary, shall first be applied to such indebtedness. (e) Any person who has been properly issued a license may apply for a refund prior to the date upon which the license was to become effective by providing satisfactory evidence to the Commissioner of the Revenue that the business was never commenced or the sale, show, performance or exhibition will not take place. Upon being satisfied that such license was never in effect, the Commissioner of the Revenue may authorize a refund of the license fee less a thirty dollars ($30.00) processing fee. State law reference - Code of Virginia Section 58.1-3980, 3981. Sec. 10-16. Insufficient assessment; payment of additional tax found to be due. If the commissioner of the revenue ascertains that any assessment of a license tax levied under the provisions of this chapter for any of the three (3) license tax years last past or for the then-current license tax year was 15 for less than the correct amount, and the assessment of the license tax at the lesser amount was not due to the licensee's fraudulent intent to evade taxes, then the commissioner of the revenue shall assess the licensee with the addi- tional license tax found to be due. Penalty and interest at the rate provided under Section 10-6 shall accrue thereon from the date of the assessment until payment; provided, if such assessment was necessitated through no fault of the taxpayer, such penalty and interest shall accrue after thirty (30) days from such date of assessment until payment. State law reference - Code of Virginia Section 58.1-3903. Sec. 10-17. License as personal privilege. Every license issued under the provisions of this chapter shall be deemed to confer a personal privilege to transact, carry on, or conduct the business, profession, trade, or occupation which may be the subject of the license, and shall not be exercised except by the persons licensed. Sec. 10-18. Enforcement of chapter. (a) In the enforcement of the provisions of this chapter the commission- er of the revenue of the county, in addition to the powers herein specifically granted, shall have all and the same enforcement authority with respect to county licenses that state law confers upon commissioners of the revenue gen- erally with respect to state licenses. As one of the means of ascertaining the amount of any license tax due under the provisions of this chapter, or of ascertaining any other pertinent information, the commissioner of the revenue may require taxpayers or their agents or any person, firm, or officer of a 16 company or corporation to furnish information relating to tangible or intangi- ble personal property, income, or license taxes of any and all taxpayers; and require such persons to furnish access to books of account or other papers and records for the purpose of verifying the tax returns of such taxpayers and procuring the information necessary to make a complete assessment of any tax- payer's tangible and intangible personal property, income, and license taxes for the current year. (b) The commissioner may, for the purpose of assessing all taxes assess- able by his office, summon the taxpayer or any other person to appear before him at his office, to answer under oath, questions touching the tax liability of any and all specifically identified taxpayers. The commissioner shall not, however, surrmion a taxpayer or other person for the tax liability of the tax- payer which is the subject of litigation. (c) Any person who refuses to (i) furnish to the coirrtnissioner of the revenue access to books of account or other papers and records, (ii) furnish information to the commissioner of the revenue relating to the assessment of taxes, (iii) answer under oath questions touching any person's tax liability, or (iv) exhibit to the commissioner of the revenue any subject of taxation liable to assessment by the commissioner of the revenue, shall be deemed guilty of a Class 4 misdemeanor. Each day's refusal to furnish such access or information shall constitute a separate offense. State law reference - Code of Virginia Section 58.1-3110, 3111. 17 // ~g-- ~{ ARTICLE II. CLASSIFIED BUSINESS AND OC'GUPATIONAL LICENSE PRCIVISIGNS Sec. 10-30. Contractors and contracting; persons constructing on their own account for sale. (a) Every person engaged in the business of contracting and persons con- structing on their own account for sale shall pay for the privilege an annual license tax of sixteen cents ($0.16) per one hundred dollars ($100.00) of gross receipts from the business during the preceding calendar year or thirty dollars ($30.00), whichever is higher. (b) "Contractor" means any person, firm or corporation: (1) Accepting or offering to accept orders or contracts for doing any work on or in any building or structure requiring the use of paint, stone, brick, mortar, wood, cement, structural iron or steel, sheet iron, galvanized iron, metallic piping tin, lead, or other metal or any other building material; (2) Accepting or offering to accept contracts to do any paving, curbing, or other work on sidewalks, streets, alleys, or high- ways, on public or private property, using asphalt, brick, stone, cement, concrete, wood, on any composition; (3) Accepting or offering to accept an order for or contract to excavate earth, rock, or other material for foundation or any other purpose or for cutting, trimming or maintaining rights-of- way; (4) Accepting or offering to accept an order or contract to con- struct any sewer of stone, brick, terra cotta, or other mater- ial; 18 // ~~ ~ _--,~. =~ (5) Accepting or offering to accept orders or contracts for doing any work on or in any building or premises involving the erect- ing, installing, altering, repairing, servicing, or maintaining electric wiring, devices, or appliances permanently connected to such wiring; or the erecting, repairing or maintaining of lines for the transmission or distribution of electric light and power; or (6) Accepting or offering to accept an order or contract to remod- el, repair, wreck, or demolish a building; or (7) Accepting or offering to accept an order or contract to bore or dig a well; or (8) Accepting or offering to accept an order or contract to in- stall, maintain, or repair air-conditioning apparatus or equip- ment; or (9) Engaging in the business of plumbing and steam fitting. State Law reference - Code of Virginia Sections 58.1-3706(A)(1) and 58.1-3714. Sec. 10-31. Retail sales. (a) Every person engaged in the business of retail sales shall pay for the privilege an annual license tax of twenty cents ($0.20) per one hundred dollars ($100.00) of gross receipts from the preceding license tax year or thirty dollars ($30.00), whichever is higher. (b) A retail sale is the sale of goods, wares, and merchandise for any purpose other than resale. (c) Any person who is both a wholesale merchant and a retail merchant is subject to the retail license tax for the retail portion of the business and 19 the wholesale license tax for the wholesale portion of the business. Such person may, however, obtain a retail license for both the retail and wholesale portions of the business. State Law reference - Code of Virginia Section 58.1-3706(A)(2). Sec. 10-32. Financial services. (a) Every person engaged in the business of providing a financial ser- vice shall pay for the privilege an annual license tax in the amount of fifty cents ($0.50) per one hundred ($100.00) of gross receipts from the occupation during the preceding calendar year or thirty dollars ($30.00), whichever is higher. (b) Any person rendering a service for compensation in the form of a credit agency, an investment company, a broker or dealer in securities and commodities or a security or commodity exchange is providing a financial ser- vice, unless such service is specifically provided for under another section. (c) Those engaged in rendering financial services include, but are not limited to, the following: Buying installment receivables Chattel mortgage financing Cons~urier financing Credit card services Credit unions Factors Financing accounts receivable Industrial loan companies Installment financing 20 Inventory financing Loan or mortgage brokers Loan or mortgage companies Safety deposit box companies Security and commodity brokers and services Stockbroker Working capital financing Other money lenders (d) Any person other than a national bank or a bank or trust company organized under the laws of this state, or a duly licensed and practicing attorney at law, who engages in the business of buying or selling for others on commission or for other compensation, shares in any corporation, bonds, notes or other evidences of debt is a stockbroker. The fact that orders are taken subject to approval by a main office does not relieve the broker from local license taxation. Also, an insurance company engaged in selling mutual funds is a broker as to that portion of its business. State Law reference - Code of Virginia Section 58.1-3706(A)(3). Sec. 10-33. Real estate services. (a) fiery person engaged in the business of providing a real estate ser- vice shall pay for the privilege an annual license tax in the amount of fifty cents ($0.50) per one hundred dollars ($100.00) of gross receipts from the business during the preceding calendar year or thirty dollars ($30.00), which- ever is higher. (b) Any person rendering a service for compensation as lessor, buyer, seller, developer, agent or broker is providing a real estate service, unless 21 /~~~= ~~ ~-~_ ~-' the service is specifically provided for under another section. (c) Those rendering real estate services include, but are not limited to, the following: Appraisers of real estate Escrow agent, real estate Fiduciaries, real estate Real estate agents, brokers, and managers Real estate selling agents Rental agents for real estate State Law reference - Code of Virginia Section 58.1-3706(A)(3). Sec. 10-34. Professional services. (a) Every person conducting or engaging in the business of providing a professional service shall pay for the privilege an annual license tax of fifty cents ($0.50) per one hundred dollars ($100.00) of gross receipts from the occupation during the preceding calendar year or thirty dollars ($30.00), whichever is higher. (b) A person is engaged in providing a professional service if engaged in rendering any service specifically enumerated below or engaged in any occu- pation or vocation in which a professed knowledge of some department of science or learning, gained by a prolonged course of specified instruction and study is used by its practical application to the affairs of others, either advising, guiding, or teaching them, and in serving their interests or welfare in the practice of an art or science founded on it. The word "profession" implies attainments in professional knowledge as distinguished from mere skill, and the application of knowledge to uses for others as a vocation. 22 Those engaged in rendering a professional service include, but are not limited to, the following: Architects Attorneys-at-law Certified public accountants Dentists Engineers Land surveyors Practitioners of the healing arts (as defined in Virginia Code Section 54-273(2) Professional counselors (including certified alocholism or drug counselors) Psychologists Social Workers Surgeons Veterinarians (c) The performing of services dealing with the conduct of business it- self , including the promotion of sales or services of such business and con- sulting services, do not constitute the practice of a profession, even though the services involve the application of a specialized knowledge. (d) Certification as a professional by itself is not sufficient to estab- lish liability for local license taxation. Also, the fact that a professional is compensated by means of a salary is not sufficient by itself to relieve that professional from local license tax liability. (e) Gross receipts for purposes of local license taxation as a profes- sional include only those gross receipts obtained from the practice of that profession as a business, whether it be on a full or part-time basis, in corpo- 23 rate, partnership, sole proprietorship, or association form. It is the intent of this section to tax individually those persons practicing a profession. The measurement of each license in subsection (b) shall be as follows: (1) Practice of a profession as an individual. Basis of each indi- vidual license shall be "gross receipts" as defined in section 10-1. (2) Practice of a profession as a member of a professional associa- tion or as a member of a partnership. Basis of each individual license shall be "gross receipts" as defined in section 10-1; provided, however, that each individual license shall be mea- sured by salary and such part of the gross receipts of the pro- fessional association or partnership remaining after the pay- ment of salaries to all members of the professional association or partnership in the proportion of the interest or ownership of the licensee in the association or partnership. (3) Practice of a profession as an employee of another person prac- ticing the same or related profession. Basis of each individ- ual license shall be the amount of the salary paid. In such case the salary may be claimed as a deduction from the license basis of the employing professional person. State Law reference - Code of Virginia Section 58.1-3706(A)(3). Sec. 10-35. Repair service occupations. (a) Every person conducting or engaging in any repair service occupa- tion, business, or trade shall pay for the privilege an annual license tax of 24 thirty-four cents ($0.34) for each one hundred dollars ($100.00) of gross re- ceipts from the occupation during the preceding calendar year or thirty do]_- lars ($30.00), whichever is higher. (b) Repair service occupations include, but are not limited to: Airplane repair Auto repair, engine repair of any type Bicycle repair Business and office machines repair Clothes, hats, carpets or rugs, repair of Dressmaking, slip covers, drapery and/or curtain making (service only) Flarniture, upholstering, repair of Gunsmith, gun repairing Locksmith Machine shop, boiler shop Mattresses, repair of Nickel and chrome plating Paint shop, other than contractor Radio, refrigerators, electrical appliance, home appliances, repair of Reweaving Road machines, farm machinery, repair of Saw, tools, repair of Shades, repair of Shoe repair Tire repair Toys, repair of Umbrellas, harness, leather goods, repair of Washing, automatic-cleaning of automobiles 25 Watches, clocks, repair of Welding shop Other repair services. State Law reference - Code of Virginia Section 58.1-3706(A)(4). Sec. 10-36. Personal and business service occupations. (a) Every person engaged in the business of providing a personal or busi- ness service shall pay for the privilege an annual license tax of thirty-four cents ($0.34) per one hundred dollars ($100.00) of gross receipts from the occupation during the preceding calendar year or thirty dollars ($30.00), whichever is higher. (b) Those rendering a personal or business service include, but are not limited to, the following: Addressing letters or envelopes Advertising agencies Airports Ambulance services Amusements and recreation services (all types) Animal hospitals, grooming services, kennels or stables Artists Auctioneers and common criers Automobile driving schools Barber shops, beauty parlors, and hairdressing establishments, schools and services Bid or building reporting service Billiard or pool establishments or parlors 26 Blacksmith or wheelwright Boat landings Bondsman Booking agents or concert managers Bottle exchanges Bowling alleys Brokers and commission merchants other than real estate or financial brokers Business research and consulting services Cemeteries Chartered clubs Child care attendants or schools Child or adult home care registry Cleaning chimneys and/or furnaces Clinical laboratory Coin machine operator Collection agents or agencies Commercial photography, art and graphics Commercial sports Computerized information retrieval service Dance band Dance halls, studios and schools Data processing, computer and systems development services Developing or enlarging photographs Detective agency and protective services Domestic service registry Drafting services 27 Electrolysis or scalp treatment Engraving Erecting, installing, removing or storing awnings Escort service Extermination services Freight traffic bureaus Fumigating or disinfecting Funeral services and crematories Golf courses, driving ranges and miniature golf courses Hauling of sand, gravel or dirt Hospitals, profit and nonprofit Hotels, motels, tourist courts, boarding and rooming houses and trailer parks and campsites House cleaning services Information bureaus Instructors, tutors, schools and studios of music, ceramics, art, sewing, sports and the like Interior decorating Janitorial services Labor service Laundry cleaning and garment services including laundries, dry cleaners, linen supply, diaper service, coin-operated laundries and carpet and upholstery cleaning Limousine service Mailing, messenger and correspondent services Movie theaters and drive-in theaters Nickel plating, chromizing and electroplating Nurses and physician registries 28 Nursing and personal care facilities including nursing homes, convales- cent homes, homes for the retarded, old-age homes and resthomes Packing, crating, shipping, hauling or moving goods or chattels for others Parcel delivery services Parking lots, public garages and valet parking Pawnbrokers Personal services, labor agents and employment bureaus Photographers and photographic services Photocopying Physical fitness establishment Physicians registry Piano tuning Picture framing and gilding Porter services Press clipping services Private investigation Promotional agents or agencies Public relations services Realty multiple listing services Renting or leasing any items of tangible personal property Reproduction services Secretarial services Septic tank cleaning Shoe repair, shoe shine and hat repair shops Sign painting Statistical service Storage-all types 29 Swimming pool, other than nonprofit or cooperative Swimming pool maintenance and management Tabulation services Tanning salons Tax preparers (other than professionals listed in Sec. 10-34.) Taxicab companies Taxidermist Telephone answering services Theaters Theatrical performers, bands and orchestras Towing services Transportation services including buses and taxis Travel bureaus Tree surgeons, trimmers and removal services // ~ ~--'~ Trucking companies, intrastate and interstate (unless holding a certifi- cate of public convenience from State Corporation Commission) Turkish, Roman or other like baths or parlors Undertaker, embalmer Vehicle title service Wake-up services Washing, cleaning or polishing automobiles Writers Other personal or business service occupations. State Law reference - Code of Virginia Section 58.1-3706(A)(4). 30 ~` ARTICLE III. SPECIAL LICEd~]SE PRC7VISIONS Sec. 10-40. Bondsmen. (a) Every person who, for compensation, enters into any bond or bonds for others, whether as principal or surety, shall pay for the privilege an annual license tax of five hundred dollars ($500.00), not transferable or sub- ject to proration. (b) No such license shall be issued unless and until the applicant shall have first obtained a certificate from the judge of the circuit court as pro- vided in Article 4, Chapter 9, Title 19.2 of the Code of Virginia. (c) A license granted to a professional bondsman in Roanoke County shall authorize such person to enter into such bonds in any other county or city. (d) Any person who violates the provisions of this section shall have his license revoked and shall pay a penalty of one thousand dollars ($1,000.00). State Law reference - Code of Virginia Section 58.1-3724. Sec. 10-41. Fortune-tellers, Astrologists, Etc. (a) Every person engaged in business as a fortune-teller, clairvoyant, phrenologist, spirit medium, astrologist, hypnotist, palmist, or handwriting analyst, for which compensation is received, shall pay for the privilege an annual license tax of one thousand dollars ($1,000.00), which license shall not be transferred or prorated. (b) Any person who engages in the activities of subsection (a) without obtaining a license shall be guilty of a Class 3 misdemeanor. State Law reference - Code of Virginia Section 58.1-3726. 31 //~~-`~ Sec. 10-42. Photographers with no regularly established place of business. (a) Eery photographer having no regularly established place of business in Roanoke County shall pay an annual license tax of thirty dollars ($30.00) per year. Such tax shall not be transferable or subject to proration. (b) The term "photographer" shall mean any person, partnership, or cor- poration having no regularly established place of business in Roanoke County who provides services consisting of the taking of pictures or the making of pictorial reproductions in the County. The term shall also include every employee, agent, or canvasser for such photographer. State Law reference - Code of Virginia Section 58.1-3727. Sec. 10-43. Commission merchants. (a) Eery person engaging in business as a commission merchant shall pay for the privilege an annual license tax of thirty-six cents ($0.36) per one hundred dollars ($100.00) of commission income or thirty dollars ($30.00), whichever is higher. Such person engaged in such business shall not be sub- ject to tax on total gross receipts from such sales. (b) A commission merchant is any person engaged in the business of sell- ing merchandise on commission by sample, circular, or catalogue for a regular- ly established retailer, and who has no stock or inventory under his control other than floor samples held for demonstration or sale and owned by the prin- cipal retailer. State Law reference - Code of Virginia Section 58.1-3733. 32 1/ ~~- ~. Sec. 10-44. Wholesale Merchants. (a) Every person engaged in the business of a wholesale merchant shall pay for the privilege an annual license tax of five cents ($0.05) per one hun- dred dollars ($100.00) of gross expenditures in the preceding license tax year. (b) A wholesale merchant is one who sells goods, wares, and merchandise to other persons for resale and who has a definite place of business or store within the county. State Law reference - Code of Virginia Section 58.1-3716. Sec. 10-45. Peddler and itinerant merchants. (a) Any person who shall carry from place to place any goods, wares, or merchandise and offer to sell or barter the same, or actually sell or barter the same, shall be deemed to be a peddler. Peddlers of family supplies of a perishable nature and peddlers of ice, wood, or coal shall pay for the privi- lege of engaging in such business a license tax of fifty dollars ($50.00) per month, or fraction thereof, for each vehicle with a yearly maximum tax of one hundred fifty dollars ($150.00) for the first vehicle and seventy-five dollars ($75.00) for each additional vehicle not to exceed five hundred dollars ($500.00) total. Peddlers of general merchandise shall pay for the privilege of engaging in such business a license tax of two hundred fifty dollars ($250.00) per month, or fraction thereof, per vehicle and not to exceed five hundred dollars ($500.00) in any one year. (b) An itinerant merchant is any person who engages in, does or trans- acts any temporary or transient business in the county and who, for the pur- pose of carrying on such business, occupies any location for a period of less 33 than one year. Any itinerant merchant of family supplies of a perishable na- tune and of ice, wood, or coal shall pay for the privilege of engaging in such business a license tax of two hundred fifty dollars ($250.00) per month, or fraction hereof , and not to exceed five hundred dollars ($500.00 ) in any one year. Itinerant merchants of general merchandise shall pay for the privilege of engaging in such business an annual license tax in the amount of five hun- dred dollars ($500.00). c. For purposes of this section, "family supplies of a perishable na- ture" shall include meats, milk, butter, eggs, poultry, game, vegetables, fruits, flowers, plants, seafood, sandwiches, or other farm products. All other products--except ice, wood, or charcoal--shall be considered "general merchandise." d. This section shall not apply to those who sell or offer for sale in person or by their employees ice, wood, charcoal, or family supplies of a per- ishable nature grown or produced by them and not purchased by them for sale. Anyone exempt under this paragraph must provide proof of such exemption upon request. State Law reference - Code of Virginia Section 58.1-3717 Sec. 10-46. Peddler at Wholesale. (a) Every person engaging in business as a peddler at wholesale shall pay for the privilege an annual license tax in the amount of five cents ($0.05) per one hundred dollars ($100.00) of gross purchases for the preceding license tax year. (b) A peddler at wholesale is any person, firm, or corporation who or which sells or offers to sell goods, wares, or merchandise to licensed 34 dealers, other than at a definite place of business operated by the seller, and the time of such sale or exposure for sale delivers, or offers to deliver, the goods, wares, or merchandise to the buyer shall be deemed a peddler at wholesale. For purposes of this section, any delivery made on the day of sale shall be construed as a delivery at the time of sale. State Law reference - Code of Virginia Section 58.1-3718. Sec. 10-47. Limitations on license taxes imposed on peddlers, itinerant merchants, and peddlers at wholesale. Any license tax imposed on peddlers or itinerant merchants or on peddlers at wholesale shall not apply to: 1. A licensed wholesale dealer who sells and, at the time of such sale, delivers merchandise to retail merchants; 2. A distributor or vendor of motor fuels and petroleum products; 3. A distributor or vendor of seafood who catches seafood and sells only the seafood caught by him; 4. A farmer or producer of agricultural products who sells only the farm or agricultural products produced or grown by him; 5. A farmers' cooperative association; 6. A manufacturer who is subject to Virginia tax on intangible personal property who peddles at wholesale, only the goods, wares, or merchandise manu- factured by him at a plant, and whose intangible personal property is taxed by this Commonwealth. State law reference - Code of Virginia Section 58.1-3719. 35 //g ig-~ Sec. 10-48. Direct sellers. (a) Any person engaging in business as a direct seller shall pay for the privilege an annual business license tax at the rate of twenty cents ($0.20) per one hundred dollars ($100.00) of retail sales gross receipts, and five cents ($0.05) per one hundred dollars ($100.00) of wholesale gross receipts; except that no annual business license tax shall be levied if the direct sel- ler has annual gross receipts of four thousand dollars ($4,000.00) or less. (b) A direct seller must apply annually for a business license and pro- vide copies of the signed, written contract covering the direct sales activi- ties of the taxpayer for the current year. The commissioner of the revenue shall determine whether the taxpayer is eligible for licensing under this sec- tion, and whether the taxpayer is eligible for the exemption of this section. (c) As used in this section the term "direct seller" means any person who: (1) Engages in the trade or business of selling or soliciting the sale of consumer products primarily in private residences and maintains no public location for the conduct of such business; and (2) Receives remuneration for such activities, with substantially all of such remuneration being directly related to sales or other sales-oriented services, rather than to the number of hours worked; and (3) Performs such activities pursuant to a written contract between such person and the person for whom the activities are per- formed and such contract provides that such person will not be 36 treated as an employee with respect to such activities for fed- eral or state tax purposes. State Law reference - Code of Virginia Section 58.1-3719.1. Sec. 10-49. Alcoholic beverages. (a) The license tax for alcoholic beverage sales and distribution shall be as follows: (1) For each wholesale beer license the tax shall be seventy-five dollars ($75.00) per annum. (2) For each wholesale wine distributor's license, the tax shall be fifty dollars ($50.00) per annum. (3) For each retail on-premises wine and beer license for a hotel, restaurant, or club, the tax shall be thirty-seven dollars and fifty cents ($37.50) per annum. (4) For each retail off-premises wine and beer license, the tax shall be thirty seven dollars and fifty cents ($37.50) per annum. (5) For each retail on-premises beer license for a hotel, restaur- ant, or club, the tax shall be twenty-five dollars ($25.00) per annum. (() For each retail off-premises beer license the tax shall be twenty-five dollars ($25.00) per annum. (7) For each person holding mixed beverage restaurant and caterer's licenses, the tax shall be: (aa) Two hundred dollars ($200.00) per annum for each restau- rant with a seating capacity at table for 50 to 100 per- sons. 37 (bb) Three hundred fifty dollars ($350.00) per annum for each restaurant with a seating capacity at tables for more than 100 but not more than 150 persons. (cc) Five hundred dollars ($500.00) per ann~un for each restau- rant with a seating capacity at tables for more than 150 persons. (dd) Five hundred dollars per annum for each caterer. (ee) Mixed beverage special events license, ten dollars ($10.00) for each day of each event. (g) For each private, non-profit club operating a restaurant lo- cated on the premises of such club, the mixed beverage license tax shall be three hundred fifty ($350.00) per annum. (b) Any license tax imposed by this section shall be in addition to the gross receipts license tax imposed by section 10-31 of this chapter. (c) Whenever the word "beer" is used in this section it shall be con- strued to include porter, ale, stout and other malt beverages, but not vinous beverages. (d) No license shall be issued to any person under the provisions of this section unless the applicant therefor holds at the same time, or simul- taneously procures, a state license from the alcoholic beverage control board. (e) All dining rooms, restaurants, lunch rooms and club rooms, wherein the beverages defined in this section are sold for consumption on the pre- mises, shall at all times be open to inspection by the state police and the police authorities of the county. Any store room or other building from which deliveries are made either at wholesale or retail by bottlers, wholesalers or retailers shall at all times be open to the inspection of the state police and 38 the police authorities of the county. Any violation of the terms of this pro- vision shall be sufficient grounds for the revocation of the license issued in accordance with this section. (f) The terms used in this section shall have the same meanings set forth in sections 4-38 and 4-98.19 of the Code of Virginia, unless a different meaning shall be clearly intended. (g) The license taxes imposed by this section shall not be prorated. No license issued under the provisions of this section shall be transferable from one person to another, but may be amended to show a change in the place of business. State Law reference - Code of Virginia Sections 4-38, 4-98.19 Sec, 10-50. Massage parlors. (a) fiery person operating a massage parlor shall pay an annual license tax of five thousand dollars ($5,000.00) not transferable to another person or subject to proration for a part of a license year. (b) A massage parlor is defined as any place where manipulation of body tissues for remedial or hygienic purposes, or any other purpose, is conducted and the owners and employees individually do not hold valid massage therapist permits or physiotherapy licenses. State Law reference - Code of Virginia Section 58.1-3706. Sec, 10-51. Collection agencies. (a) For purposes of the license tax authorized in Section 10-36, any person, firm, or corporation whose business it is to collect claims, including 39 notes, drafts, and other negotiable instruments, on behalf of others, and to render an account of the same shall be deemed a collection agency. This sec- tion shall not apply, however, to a regularly licensed attorney-at-law. (b) No local license hereunder shall be issued to any person desiring to act as a collection agent or agency in the Commonwealth unless such person exhibits a current license or other evidence showing that the applicant has been duly licensed to act as a collection agent or agency by the Virginia Col- lection Agency Board. State Law reference - Code of Virginia Section 58.1-3725. Sec. 10-52. Shows and sales. Any person or organization may sponsor a show and sale on the taking out of a license under this section. A tax of thirty dollars ($30.00) is hereby imposed on any such show and sale. Payment of the tax imposed by this section shall permit the licensee to conduct shows and sales in the county for a per- iod not exceeding three (3) days from the date of such license. A license issued under this section shall be in lieu of an itinerant vendor's or ped- dler's license which would otherwise be required under section 10-45 for any seller who participates in such shows and sales under the sponsorship of such person or organization. The tax imposed by this section shall not apply to any auction or sale if the only sales thereunder are made directly by a nonpro- fit organization. Nonprofit organizations which sponsor shows and sales are exempt from the charge for this license requirement. Notwithstanding any pro- vision of the County Code to the contrary, the license issued hereunder shall not be prorated. 40 I/ ~~- ~ .--.~--- Sec. 10-53. Coin-operated amusement machines; amusement machine operators. (a) Every person selling, leasing, renting or otherwise furnishing or providing a coin-operated amusement machine or device as defined by Virginia Code Section 58.1-3720 (1984), shall be deemed to be an amusement machine oper- ator, except that a person owning fewer than three (3) machines and operating such machines on property owned or leased by such person is not an amusement machine operator. (b) Every amusement machine operator as herein defined shall pay for the privilege an annual license tax according to the following table: ..................$ 25.00 3 machines or less ......................... .............. 50.00 4 machines ..................................... .............. 75.00 5 machines ..................................... ............... 100.00 6 machines .................................... ....................$125.00 7 machines ............................... ............... 150.00 8 machines .................................... ,,,,,,,,,,,,,, 175.00 9 machines ..................................... ,,,,,,.... 200.00 10 or more machines ................................ (c) The license tax imposed by this section is not in lieu of, but is in addition to, other license taxes imposed by this code, including the gross receipts tax imposed by section 10-36. (d) Every amusement machine operator shall furnish to the commissioner of the revenue a complete list of all machines on location and the names and addresses of each location on or before the thirty-first day of January of each year. 41 (e) Each machine shall have conspicuously located thereon a decal, stick- er or other adhesive label, no less than 1x2 inches in size, clearly denoting the operator's name and address. (f) Any person, firm, or corporation providing any such amusements ma- chines or other devices and failing to procure a county license shall be sub- ject to a fine of five hundred dollars ($500.00) for each offense and the ma- chine or other device shall become forfeited to the county. (g) Exemptions. The amusement machine operator's license tax shall not be applicable to operators of weighing machines, automatic baggage or parcel checking machines or receptacles, nor to operators of vending machines which are so constructed as to do nothing but vend goods, wares, and merchandise or postage stamps or provide service only, nor to operators of viewing machines or photomat machines, nor operators of devices or machines affording rides to children or for the delivery of newspapers. State Law reference - Code of Virginia Sections 58.1-3720, 3721, 3722, 3723. Sec. 10-54. Savings and loan associations. Every savings and loan association whose main office is located within Roanoke County shall pay an annual license fee of fifty dollars ($50.00). State Law reference - Code of Virginia Section 58.1-3730. Sec. 10-55. Permanent colise~uns, arenas, or auditoriums. (a) There is hereby imposed an annual license tax of one thousand dol- lars ($1,000.00) on every permanent coliseum, arena, or auditorium within the 42 county having a maximum seating capacity of more than ten thousand persons and open to the general public. (b) Any person may present, conduct, operate, or provide amusements, exhibitions, sporting events, theatrical performances, or any other lawful performances, exhibitions, or entertainment under a single license authorized by this section. (c) Notwithstanding any other provision of this chapter, any license imposed by this section shall be in lieu of any or all licenses required for exhibitions, performances, or events occurring within such coliseum, arena, or auditorium. (d) If such coliseum, arena, or auditorium is owned and operated by a political subdivision of the Corimlonwealth, there shall be no tax. State Law reference - Code of Virginia Section 58.1-3729. Sec. 10-56. Public service corporations. (a) Every public service corporation engaged in the business of provid- ing telephone, telegraph, water, heat, light, or power service shall pay for the privilege an annual license tax of one-half of one percent (0.5%) of the gross receipts accruing to such corporation from business in the county, ex- cluding gross receipts earned within the Town of Vinton, Virginia. (b) In the case of telephone companies, charges for long distance tele- phone calls shall not be included in gross receipts for purposes of license taxation. (c) For the purposes of this section, gross receipts shall be ascer- tained as of the thirty-first day of December of each year and the tax for the current calendar year shall be based on receipts for the preceding calendar 43 year. (d) The tax imposed by this section shall be assessed on the first day of January of each calendar year and shall be due and payable to the treasurer of the county on or before the thirty-first day of January following the date on which the tax is assessed. (e) Excluded from the provisions of this section are gross receipts attributable to service supplied to the governments of the United States and Virginia, their political subdivisions and agencies, and charges paid by the insertion of coins into coin boxes of pay telephones. State Law reference - Code of Virginia Section 58.1-3731. Sec. 10-57. Carnivals, circuses, speedways. (a) Every person who operates a carnival, circus, or speedway shall pay for the privilege a license tax of two hundred fifty dollars ($250.00) per performance. (b) Until such tax has been paid, the county shall have a lien upon the property of such carnival, circus, or speedway to the extent of the unpaid tax. (c) Every person, firm, company, or corporation which exhibits or gives a performance or exhibition of any of the shows, carnivals, or circuses, above- described in this section, without the license required, shall be fined not less than $50.00, nor more than $500.00 for each offense. (d) A "carnival" shall mean an aggregation of shows, amusements, conces- sions, eating places, and riding devices or any of them, operated together on one lot or street or on contiguous lots or streets, moving from place to place, whether or not the same are owned and actually operated by separate 44 persons, firms, or corporations. State law reference - Code of Virginia Section 58.1-3728. 2. That the permit fee for solicitor's permits required by Section 19-3 of the Roanoke County Code shall be thirty dollars ($30.00) per year per per- son. 3. That this ordinance shall be in full force and effect on and after January 1, 1989. 45 t O~ POANO~-~G a I~ p ~~ v `'a ~ $ Eso 88 SFSQUICEN7ENN~P A Beauti~ul BeginninK TO: FROM: C~oixn~~ n~ ~,~nttnok~ COMMISSIONER OF THE REVENUE (~. WAYNE COMPTON Board of Supervisors Marsha Compton DATE: November 17, 1988 SUBJECT: Business License Ordinance uestion concerning the business license ratty as our 4 ersonal and repair service In answer toy the rate f or bus i n ers $100 to .34/per $100 effective e a $100 in increased from .25/P The rate for a commissiohangeahanWewhave3less than ten 1986. 1986, and this rate has not commission merchants licensed in Roanoke County' State; therefore, set by the faced in 1986, Our rates aindntheaamounttof increase this group keeping in m I would suggest that this rate remain the sam . ress the need to have the ferences license ordinance I must st passed because we need it for daily re P.O. BOX 20409 ROANOKE. VIRGINIA 2 4018-051 3 (703) 7-72-2048 BE IT -ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 10, Lic~s- of the Code of Roanoke County be, and hereby is, amended and reenacted by the addition of the following business license ordinance to read and provide as follows: NOVEMBER 22, 1988 COMMENTS BY LEO TRENOLICENSEEORDINANCEE CONCERNING BUSINESS Section 10-13 - Keep language that is in present ordinance set up two years ago C~c ion 10-52 - Each merchant who shows in the show should pay a merchant's tax. Does the ordinance call for this or just each show pay the tax? Automobiles - Requested Four classifications: newsalvageldealer. dealer, independent dealer, rebuilder body shope, Special Equipment Businesses - A special license categorized Hazardous waste and materials - Businesses with this should be a special classification. Septic Tank Cleaning - should go under contractor, not service because they also do repair. Lawn Care - Include plowing, disking, mowing in nonagricultural districts p, p p E A R A N C E R E Q U E S T PUBLIC HEARING ON © ,L._ ~ ~.~s ~ I would like the Chairman of the Board of Supervisors to ~ «~ _.5~ recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the thebrulefunlesseinstructedgbynthe majoritynof will enforc the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. (, INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y NAME: ADDRESS: PHONE: ~~ ~/ - t~'~- ,~- ~: a a /~ ~ ~ 1 ~ I/1 PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) l ., ~- ~~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY , V IRG IN IA , HELD AT 'T'fiE ROANOKF; COUNTY ADMIN I STRA`I' ION CENTER ON TUESDAY, NOVEMBER 22, 1988 ORDINANCE 112288-7 ESTABLISHING CERTAIN PROCEDURES FOR FINANCING OF LOCAL PUBLIC WORKS IMPROVEMENTS, AUTHORIZING THE IMPOSITION OF ASSESSMENTS UPON ABUTTING PROPERTY OWNERS, PROVIDING FOR NOTICE THEREOF, OBJECTIONS AND APPEALS, PURSUANT TO THE STATUTES FOR SUCH CASES MADE AND PROVIDED WHEREAS, pursuant to Section 18.04 of the Roanoke County Charter the first reading of this ordinance was held on November 9, 1988; and the second reading of the ordinance was held on November 22, 1988; and a public hearing thereon as held on Novem- ber 22, 1988; and, WHEREAS, this ordinance is adopted pursuant to the authority found in Article 2, Chapter 7, Title 15.1 (Section 15.1-239, et seq.) of the 1950 Code of Virginia, as amended; and WHEREAS, the Board of Supervisors of Roanoke County, Virgin- ia, determines that it is in the best interests of the citizens of Roanoke County to adopt certain policies and procedures for the financing of public infrastructure improvements. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. Purpose. The purpose of this ordinance is to provide a procedure for citizens of the County to obtain the construction of public works or public infrastructure improvements in order to satisfy a demand or need for public services. 2. County may rose. The County may impose taxes or assessments upon the abutting property owner or abutting property owners for making, improving, replacing or enlarging the walkways upon then existing streets, for improving and paving then existing alleys, and for either the construction or the use of sanitary or storm water sewers includ- ing retaining walls, curbs and gutters; however, such taxes or assessments shall not be in excess of the peculiar benefits re- sulting from the improvements to such abutting owner or owners, and no assessment for retaining walls shall be imposed upon any property owner who does not agree to such assessment. In addition to the foregoing, the County may impose taxes or assessments upon abutting property owners for the construction, replacement or enlargement of sidewalks, waterlines, sanitary sewers or storm water sewers; for the installation of street lights; for the construction or installation of canopies or other weather protective devices; for the installation of lighting in connection with the foregoing; and for permanent amenities, in- cluding, but not limited to, benches or waste receptacles, pro- vided that such taxes or assessments shall not be in excess of the peculiar benefits resulting from the improvements to such abutting property owners. 3. Assessments for streets. Certain streets may be accepted by the Commonwealth of Vir- ginia into the secondary system of state highways if the county agrees to contribute from county revenue or the special assess- ment of landowners on the street in question one-half of the cost 2 to bring the streets up to the necessary minimum standards for acceptance. No such special assessment shall be made unless the county receives a petition or written declarations from the owners of at least seventy-five (75~) percent of the platted parcels of land abutting upon such street agreeing to such assessment. This assessment shall be subject to the limitations and restrictions contained in Section 33.1-72.1 of the 1950 Code of Virginia, as amended, in particular, the basis for such special assessments and the restrictions upon speculative interest by developers. 4. How imposed. Such improvements may he ordered by the Board upon the adop- tion of an appropriate ordinance, and the cost thereof appor- tioned in pursuance of an agreement between the County and the abutting property owners. If all of the abutting r~roperty owners agree to share in the equitable distribution of th~~ costs of such improvements, then as authorized by an appropriate ordinance the County may enter into an agreement to administer tree improvements project in accordance with County standards and regulations. In administering such a project the County may identify the costs of the improvements and assess or apportion these costs among the abutting property owners. At the County's option the abutting property owners shall deposit with the County the estimated amount of the costs of such improvements upon the execution of an agreement, or they shall 3 reimburse the County for the costs of such improvements. The reimbursement of these costs shall be accomplished upon such terms and conditions and at a rate of interest to be determined by ordinance. A lien shall be recorded securing the reimburse- ment of these costs. If the proposed improvements are for a util- ity project, then the reimbursement of these costs and interest may be accomplished through the regular utility billing proce- dures, and revenue collected would be deposited in the utility enterprise fund. In the absence of such an agreement, improvements, the cost of which is to be defrayed in whole or in part by such local tax assessment, may be ordered on a petition from not less than seventy-five (75~) of the landowners to be affected thereby, or by a vote of two-thirds of all of the members elected to the Board. But notice shall first be given as hereinafter provided to the abutting landowners, notifying them when and where they may appear before the Board to be heard in favor of or against such improvements. 5. Adoption of ordinance. A special assessment ordinance may be adopted either upon an agreement among all of the abutting property owners, upon a peti- tion of seventy-five (75g) percent of the affected abutting property owners, or upon an affirmative vote of two-thirds of all of the members elected to the board. A local public works improvements project may be deemed ne- cessary to address a situation concerning the public health, safe- ty or welfare. 4 Board action should alleviate a threat or danger to life, limb, or property. 6. How costs assessed or apportioned. The cost of such improvements, when the same shall have been ascertained, shall be assessed or apportioned by a committee con- sisting of the Assistant County Administrator for Community Ser- vices and Development and the County Assessor. The County may agree to accept a portion of those costs, or to provide in-kind design, engineering or administrative services. If the County agrees to accept a portion of these costs, then the cost of such improvements shall be assessed or apportioned between the County and the abutting property owner or owners when less than the whole is assessed. 7. Assessments to be reported to treasurer. The amount assessed against each landowner, or for which he is liable by agreement, shall be reported as soon as practicable to the Treasurer, who shall enter the same as provided for other taxes. By ordinance the Board may provide for the postponement of the payment of such assessment by certain elderly or permanently and totally-disabled property owners meeting the eligibility con- ditions of Article III, Chapter 21 of this Code, until the sale of the property or the death of the last eligible owner. The eligible property owner shall have the option of payment or post- ponement. If the assessment is apportioned by agreement and payment is authorized through the utility billing procedure, then the amount 5 assessed--including terms, conditions, and interest rate--shall be reported to that department for billing and collection. g, Notice to landowner of amount of assessment required. When the assessment or apportionment is not fixed by agree- ment, notice thereof, and of the amount so assessed or appor- tioned, shall be given each of the then abutting owners and they shall be cited thereby to appear before the committee designated in Section 6 not less than ten (10) days thereafter, at a time and place to be designated therein, to show cause, if any they can, against such assessment or apportionment. 9, How notice given; objections. The notice required by the preceding section may be given by personal service on all persons entitled to such notice, except that notice to an infant or insane person may be served on his guardian or committee and notice to a nonresident may be mailed to him at his place of residence or served on any agent of his having the property in charge, or on the tenant of the freehold, or in any case when the owner is a nonresident, or when the owner's residence is not known, such notice may be given by publi- cation in some newspaper published or having general circulation in the County once a week for four (4) successive weeks. Or, in any case, in lieu of such personal service on the parties or their agents and of such publication, the notice to all parties may be given by publishing the same in some newspaper published or having general circulation in the County once a week for two (2) successive weeks, the last publication to be made at least seven (7) days before the parties are cited to appear. Any land- 6 owner wishing to make objections to an assessment or apportion- ment may appear in person or by counsel and state his objections. This notice and opportunity to make objections may be com- bined with the notice and public hearing for the adoption of an appropriate ordinance approving specific local public works improvements. 10. Appeal to court authorized. If his objections are overruled, he shall, within thirty (30) days thereafter, but not afterwards, have an appeal as of right to the Circuit Court of the County. When an appeal is taken, the committee designated in Section 6 shall immediately deliver to the clerk of the court which has cognizance of the appeal the original notice relating to the assessment, with its judgment endorsed thereon and the clerk shall docket the same. 11. How appeal tried; lien of jug ent; when to take effect; how enforced. Such appeal shall be tried by the court or the judge there- of, in a summary way, without pleadings in writing and without a jury, in term time or in vacation, after ten (10) days' notice to the adverse party, and the hearing shall be de novo. The amount finally assessed against or apportioned to each landowner, or fixed by agreement with him, as herein before provided, shall be a lien enforceable in equity on his abutting land, from the time when the work of improvement shall have been completed; subject, however, to his right of appeal and objections as aforesaid. Such lien shall be enforceable against any person deemed to have had notice of the proposed assessment under section 11, but if no 7 abstract of the resolution or ordinance authorizing the improve- ment is docketed as provided in section 11, such lien shall be void as to all purchasers for valuable consideration without notice and lien creditors until and except from the time it is duly admitted to record in the clerk's office of the Circuit Court of the county. The Board, in its discretion, may cause the payment of the amount finally assessed or apportioned against each landowner, or fixed by agreement with him to be divided into two (2) or more, but not exceeding twenty (20), semiannual installments. 12. Docketing of abstracts of resolutions or ordinances. When any improvement is authorized for which assessments may be made against the abutting .Landowners, the board may, before the amount to be finally assessed against or apportioned to each landowner or fixed by agreemF~nt is determined, cause to be recorded in the judgment docket of the clerk's office in which deeds conveying real estate are required by law to be recorded, an abstract of the resolution ~r ordinance authorizing such improvement, showing the ownership and location of the property to be affected by the proposed improvement and the estimated amount that will be assessed against or apportioned to each land- owner or fixed by agreement with him, and the same shall be indexed in the name of the owner ~~f the property. After the completion of the improvement, the estimated amount shall be amended to shoe the amount finally assessed against or apportioned to each landowner or fixed by agreement with him, which final amount shall in no event exceed the esti- mated amount for the improvements as initially authorized. The 8 amount finally assessed against or apportioned to each landowner may be greater than the initially assessed amount when the increased amount is for additional work being performed when said work was requested by the landowner and the additional work and its estimated amount is written into a separate agreement between the County and the affected landowner. From the time of the doc- keting of such abstract, any purchase of, or creditor acquiring a lien on, any of the property described therein shall be deemed to have had notice of the proposed assessment. 13. Installment payment of assessments. The persons against who the assessments have been finally made may pay such assessments in equal installments over a period of not exceeding ten (10) years, together with interest at the rate not to exceed the judgment rate of interest on the unpaid balances. Such installments shall become due at the same time that real estate taxes become due and payable and the amount of each installment, including principal and interest, shall be shown on the tax ticket or bill mailed not later than fourteen (14) days prior to the installment due date to each such person by the treasurer. 14. Special districts. The county may create special districts or areas within the county, if those areas desire additional or more complete govern- mental services than are desired in the county as a whole. The board shall have the power to levy a higher tax in such areas, and the proceeds therefrom shall be segregated for expenditure in the areas from which said proceeds are raised. 9 The higher tax rate shall not be levied for education, law enforcement, or general governmental services. The board shall create a special district or area only by ordinance. This ordinance shall not be effective until approved by an affirmative vote of the qualified voters residing within the proposed special district or area at a referendum on such question. Upon receipt of a petition from the citizens indicat- ing support for the creation of a special district or area and describing the boundaries of the district or area, the board shall request the circuit court to place this referendum question on the ballot, either at the next scheduled general election or at a special election. 15. Severability. The sections, paragraphs, sentences, and clauses of this chapter are severable, and if any phrase, clause, sentence, para- graph, or section of this chapter shall be declared unconstitu- tional or invalid by the valid judgment or decree of a court of competent jurisdiction, the remaining phrases, clauses, sen- tences, paragraphs, and sections of this chapter shall remain valid. 16. This ordinance shall be in full force and effect from and after December 1, 1988. On motion of Supervisor McGraw, seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None 10 A COPY TESTE: ~) /~~. Q Mary H. A len, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul Mahoney, County Attorney John Chambliss, Assistant County Administrator John Hubbard, Assistant County Administrator Don Myers, Assistant County Administrator John Willey, Director, Real Estate Assessments Phillip Henry, Director, Engineering Clifford Craig, Director, Utilities The Honorable Elizabeth Stokes, Clerk, Circuit Court The Honorable R. Wayne Compton, Commissioner of Revenue The Honorable Alfred C. Anderson, Treasurer 11 ACTION # ITEM NUMBER ~,~ ~ ~ ~''~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 22, 1988 AGENDA ITEM: An Ordinance establishing certain procedures for the financing of local public works improvements, authorizing the imposition of assessments upon abutting property owners, providing for notice thereof, objections and appeals, pursuant to the statutes for such cases made and provided. COUNTY ADMINISTRATOR'/S COMMENTS: ~~ / -/ ~~ SUMMARY OF INFORMATION: On October 11, 1988, the Board of Supervisors approved a general policy outline to finance local public works improvements projects through assessments on abutting property owners. At that time, the Board authorized staff to prepare an ordinance to address general policies and procedures for such assessments, and directed that a public hearing be scheduled on this proposed ordi- nance. The first reading of this proposed ordinance was held on November 9, 1988, and the second reading and public hearing is scheduled for November 22, 1988. The proposed ordinance is authorized by Article 2, Chapter 7 of Title 15.1 (Section 15.1-239, et seq.) of the Code of Virgin- ia, 1950, as amended. The Board may impose taxes or assessments upon abutting property owners for certain local public works im- provements by the adoption of a specific ordinance for each spe- cific project. The proposed general policy ordinance addresses the legal procedures to impose an assessment: legal notice, objections, appeals, lien, docketing abstracts, installment payments, etc. It also outlines several alternatives: by agreements, by peti- tion of 75 0 of affected abutting landowners ( at the f irb t vote lof the Board changed this requirement from 60o to 750), y two- thirds of the Board, or by creation of a special district pursuant to Section 2.04 of the Charter. FISCAL IMPACTS: None. STAFF RECOMMENDATION: ~~~~ Staff recommends that the Board favorably consider the adop- tion of the proposed ordinance. Respectfully submitted, Paul M. Mahoney County Attorney ------------------------- ACTION VOTE ti.. Voc hh~ Approved ( ) Denied ( ) Received ( ) Referred To Motion by: Garrett Johnson McGraw Nickens Robers `~ ~ ~.., !/ ~,~-`~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 22, 1988 ORDINANCE ESTABLISHING CERTAIN PROCEDURES FOR FINANCING OF LOCAL PUBLIC WORKS IMPROVEMENTS, AUTHORIZING THE IMPOSITION OF ASSESSMENTS UPON ABUTTING PROPERTY OWNERS, PROVIDING FOR NOTICE THEREOF, OBJECTIONS AND APPEALS, PURSUANT TO THE STATUTES FOR SUCH CASES MADE AND PROVIDED WHEREAS, pursuant to Section 18.04 of the Roanoke County Charter the first reading of this ordinance was held on November 9, 1988; and the second reading of the ordinance was held on November 22, 1988; and a public hearing thereon as held on Novem- ber 22, 1988; and, WHEREAS, this ordinance is adopted pursuant to the authority found in Article 2, Chapter 7, Title 15.1 (Section 15.1-239, et seq.) of the 1950 Code of Virginia, as amended; and WHEREAS, the Board of Supervisors of Roanoke County, Virgin- ia, determines that it is in the best interests of the citizens of Roanoke County to adopt certain policies and procedures for the financing of public infrastructure improvements. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. Purpose. The purpose of this ordinance is to provide a procedure for citizens of the County to obtain the construction of public works or public infrastructure improvements in order to satisfy a demand or need for public services. 1 fie' ~~-s 2. County may impose. The County may impose taxes or assessments upon the abutting property owner or abutting property owners for making, improving, replacing or enlarging the walkways upon then existing streets, for improving and paving then existing alleys, and for either the construction or the use of sanitary or storm water sewers includ- ing retaining walls, curbs and gutters; however, such taxes or assessments shall not be in excess of the peculiar benefits re- sulting from the improvements to such abutting owner or owners, and no assessment for retaining walls shall be imposed upon any property owner who does not agree to such assessment. In addition to the foregoing, the County may impose taxes or assessments upon abutting property owners for the construction, replacement or enlargement of sidewalks, waterlines, sanitary sewers or storm water sewers; for the installation of street lights; for the construction or installation of canopies or other weather protective devices; for the installation of lighting in connection with the foregoing; and for permanent amenities, in- cluding, but not limited to, benches or waste receptacles, pro- vided that such taxes or assessments shall not be in excess of the peculiar benefits resulting from the improvements to such abutting property owners. 3. Assessments for streets. Certain streets may be accepted by the Commonwealth of Vir- ginia into the secondary system of state highways if the county agrees to contribute from county revenue or the special assess- ment of landowners on the street in question one-half of the cost 2 /1 ~~--5 to bring the streets up to the necessary minimum standards for acceptance. No such special assessment shall be made unless the county receives a petition or written declarations from the owners of at least seventy-five (750) percent of the platted parcels of land abutting upon such street agreeing to such assessment. This assessment shall be subject to the limitations and restrictions contained in Section 33.1-72.1 of the 1950 Code of Virginia, as amended, in particular, the basis for such special assessments and the restrictions upon speculative interest by developers. 4. How imposed. Such improvements may be ordered by the Board upon the adop- tion of an appropriate ordinance, and the cost thereof appor- tioned in pursuance of an agreement between the County and the abutting property owners. If all of the abutting property owners agree to share in the equitable distribution of the costs of such improvements, then as authorized by an appropriate ordinance the County may enter into an agreement to administer the improvements project in accordance with County standards and regulations. In administering such a project the County may identify the costs of the improvements and assess or apportion these costs among the abutting property owners. At the County's option the abutting property owners shall deposit with the County the estimated amount of the costs of such improvements upon the execution of an agreement, or they shall 3 //~~- reimburse the County for the costs of such improvements. The reimbursement of these costs shall be accomplished upon such terms and conditions and at a rate of interest to be determined by ordinance. A lien shall be recorded securing the reimburse- ment of these costs. If the proposed improvements are for a util- ity project, then the reimbursement of these costs and interest may be accomplished through the regular utility billing proce- dures, and revenue collected would be deposited in the utility enterprise fund. In the absence of such an agreement, improvements, the cost of which is to be defrayed in whole or in part by such local tax assessment, may be ordered on a petition from not less than seventy-five (75%) of the landowners to be affected thereby, or by a vote of two-thirds of all of the members elected to the Board. But notice shall first be given as hereinafter provided to the abutting landowners, notifying them when and where they may appear before the Board to be heard in favor of or against such improvements. 5. Adoption of ordinance. A special assessment ordinance may be adopted either upon an agreement among all of the abutting property owners, upon a peti- tion of seventy-five (750) percent of the affected abutting property owners, or upon an affirmative vote of two-thirds of all of the members elected to the board. A local public works improvements project may be deemed ne- cessary to address a situation concerning the public health, safe- ty or welfare. 4 /~~~~. Board action should alleviate a threat or danger to life, limb, or property. 6. How costs assessed or apportioned. The cost of such improvements, when the same shall have been ascertained, shall be assessed or apportioned by a committee con- sisting of the Assistant County Administrator for Community Ser- vices and Development and the County Assessor. The County may agree to accept a portion of those costs, or to provide in-kind design, engineering or administrative services. If the County agrees to accept a portion of these costs, then the cost of such improvements shall be assessed or apportioned between the County and the abutting property owner or owners when less than the whole is assessed. 7. Assessments to be reported to treasurer. The amount assessed against each landowner, or for which he is liable by agreement, shall be reported as soon as practicable to the Treasurer, who shall enter the same as provided for other taxes. By ordinance the Board may provide for the postponement of the payment of such assessment by certain elderly or permanently and totally-disabled property owners meeting the eligibility con- ditions of Article III, Chapter 21 of this Code, until the sale of the property or the death of the last eligible owner. The eligible property owner shall have the option of payment or post- ponement. If the assessment is apportioned by agreement and payment is authorized through the utility billing procedure, then the amount 5 assessed--including terms, conditions, and interest rate--shall be reported to that department for billing and collection. 8. Notice to landowner of amount of assessment required. When the assessment or apportionment is not fixed by agree- ment, notice thereof, and of the amount so assessed or appor- tioned, shall be given each of the then abutting owners and they shall be cited thereby to appear before the committee designated in Section 6 not less than ten (10) days thereafter, at a time and place to be designated therein, to show cause, if any they can, against such assessment or apportionment. 9. How notice given; objections. The notice required by the preceding section may be given by personal service on all persons entitled to such notice, except that notice to an infant or insane person may be served on his guardian or committee and notice to a nonresident may be mailed to him at his place of residence or served on any agent of his having the property in charge, or on the tenant of the freehold, or in any case when the owner is a nonresident, or when the owner's residence is not known, such notice may be given by publi- cation in some newspaper published or having general circulation in the County once a week for four (4) successive weeks. Or, in any case, in lieu of such personal service on the parties or their agents and of such publication, the notice to all parties may be given by publishing the same in some newspaper published or having general circulation in the County once a week for two (2) successive weeks, the last publication to be made at least seven (7) days before the parties are cited to appear. Any land- 6 ~~~'~.: owner wishing to make objections to an assessment or apportion- ment may appear in person or by counsel and state his objections. This notice and opportunity to make objections may be com- bined with the notice and public hearing for the adoption of an appropriate ordinance approving specific local public works improvements. 10. Appeal to court authorized. If his objections are overruled, he shall, within thirty (30) days thereafter, but not afterwards, have an appeal as of right to the Circuit Court of the County. When an appeal is taken, the committee designated in Section 6 shall immediately deliver to the clerk of the court which has cognizance of the appeal the original notice relating to the assessment, with its judgment endorsed thereon and the clerk shall docket the same. 11. How appeal tried; lien of judgment; when to take effect; how enforced. Such appeal shall be tried by the court or the judge there- of, in a summary way, without pleadings in writing and without a jury, in term time or in vacation, after ten (10) days' notice to the adverse party, and the hearing shall be de novo. The amount finally assessed against or apportioned to each landowner, or fixed by agreement with him, as herein before provided, shall be a lien enforceable in equity on his abutting land, from the time when the work of improvement shall have been completed; subject, however, to his right of appeal and objections as aforesaid. Such lien shall be enforceable against any person deemed to have had notice of the proposed assessment under section 11, but if no 7 /~-~ abstract of the resolution or ordinance authorizing the improve- ment is docketed as provided in section 11, such lien shall be void as to all purchasers for valuable consideration without notice and lien creditors until and except from the time it is duly admitted to record in the clerk's office of the Circuit Court of the county. The Board, in its discretion, may cause the payment of the amount finally assessed or apportioned against each landowner, or fixed by agreement with him to be divided into two (2) or more, but not exceeding twenty (20), semiannual installments. 12. Docketing of abstracts of resolutions or ordinances. When any improvement is authorized for which assessments may be made against the abutting landowners, the board may, before the amount to be finally assessed against or apportioned to each landowner or fixed by agreement is determined, cause to be recorded in the judgment docket of the clerk's office in which deeds conveying real estate are required by law to be recorded, an abstract of the resolution or ordinance authorizing such improvement, showing the ownership and location of the property to be affected by the proposed improvement and the estimated amount that will be assessed against or apportioned to each land- owner or fixed by agreement with him, and the same shall be indexed in the name of the owner of the property. After the completion of the improvement, the estimated amount shall be amended to show the amount finally assessed against or apportioned to each landowner or fixed by agreement with him, which final amount shall in no event exceed the esti- mated amount for the improvements as initially authorized. The 8 ~~~ .~ amount finally assessed against or apportioned to each landowner may be greater than the initially assessed amount when the increased amount is for additional work being performed when said work was requested by the landowner and the additional work and its estimated amount is written into a separate agreement between the County and the affected landowner. From the time of the doc- keting of such abstract, any purchase of, or creditor acquiring a lien on, any of the property described therein shall be deemed to have had notice of the proposed assessment. 13. Installment payment of assessments. The persons against who the assessments have been finally made may pay such assessments in equal installments over a period of not exceeding ten (10) years, together with interest at the rate not to exceed the judgment rate of interest on the unpaid balances. Such installments shall become due at the same time that real estate taxes become due and payable and the amount of each installment, including principal and interest, shall be shown on the tax ticket or bill mailed not later than fourteen (14) days prior to the installment due date to each such person by the treasurer. 14. Special districts. The county may create special districts or areas within the county, if those areas desire additional or more complete govern- mental services than are desired in the county as a whole. The board shall have the power to levy a higher tax in such areas, and the proceeds therefrom shall be segregated for expenditure in the areas from which said proceeds are raised. 9 /~ ~'~ ~-. The higher tax rate shall not be levied for education, law enforcement, or general governmental services. The board shall create a special district or area only by ordinance. This ordinance shall not be effective until approved by an affirmative vote of the qualified voters residing within the proposed special district or area at a referendum on such question. Upon receipt of a petition from the citizens indicat- ing support for the creation of a special district or area and describing the boundaries of the district or area, the board shall request the circuit court to place this referendum question on the ballot, either at the next scheduled general election or at a special election. 15. Severability. The sections, paragraphs, sentences, and clauses of this chapter are severable, and if any phrase, clause, sentence, para- graph, or section of this chapter shall be declared unconstitu- tional or invalid by the valid judgment or decree of a court of competent jurisdiction, the remaining phrases, clauses, sen- tences, paragraphs, and sections of this chapter shall remain valid. 16. This ordinance shall be in full force and effect from and after December 1, 1988. 10 A P P E A R A N C E PUBLIC HEARING ON ~ ~r G ~'`~'~/i R E Q U E S T G ~G Il ~~ -,% I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so ghat I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time-limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TTENPAUTgORIZATIONG FROMETHERGROUPHALL FILE WITH THE CLERK WRI ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y ~/ /~ NAME : ~~G~- ~`l~U C.. --~ ~11i l / ADDRESS : ~~.,~ .~'' c~1.~~ ~' ~~v mow` ~_Cr .~ ~~~~/Y ~~ r ~= ~9 PHONE: PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) A P P E A R A N C E R E Q U E S T ~/~V /J .-f c` PUBLIC HEARING ON ~' ~1~~f 'D4' ,.oL~ .~~~ ,S ..~.. ~~LXZ-!'~~Y"~ .-~~r~/'[:~~ I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y - - - - - - - - - - - - - - - - - - NAME : C]~Cy I~- S"t ~'~1.t' ADDRESS : ~,~.< (~ G/i..Jr % /t~E~~t-I'? !~-C~ ~~~~~ 1~ ~. ~ ~D/ PHONE: ~~aC - '7~;,~ `f'" PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) A P P E A R A N C E R E Q U E S T ~ _ PUBLIC HEARING ON `~' , ~ ~ '~ (~./t7~1 ~~ CJ~/ ~/iJfi~~-~~~r ~~~~1 ~ G ~~~~~ I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y - - - - - - - - - - - - - - - - - - NAME : ~~ /l~~~~ ADDRESS . t'/~y ,~~'LCL`~. ~,/~r ~~o~ ~ PHONE : ~ ~ ~ " - ~Q ~~ PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) A P P E A R A N C E PUBLIC HEARING ON ~~ ~ D - P,~-~-~- 1-. I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times. 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y NAME: ADDRESS: PHONE: ~ . ~ ~v~~ ~ c~. ~~-~ 3~z ~r$~S7 R E Q U E S T PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) A P P E A R A N C E R E Q U E S T PUBLIC HEARING ON l~ $4 'S I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time-limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y NAME : ~j'~ cti~ ~ t'0.i r - ADDRESS: SSo~ ~a~~iele~.s ~~ ~~ ~t~~C . PLC. 3~OtF - PHONE : g ~ q Uq 09 PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) A P P E A R A N. C E R E Q U E S T /J ~-~ - ~~ PUBLIC HEARING ON '.~i`~d ~ ri~~-/~-~'-l ''~c C N~}i°r~,~ JZ~Q I/~' ~'~ ~~ ~v~ ~ S ~ I'~ I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of ..view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y - - - - - - - - - - - - - - - - - - NAME : ,~ t~ ~ ~ c~ ~ U U E~, ~ ~j'~ ADDRESS : ~ / ~ y ~ S H~~E~~ ~/"~ ~• w ~'~ °~. v ~C~c ~ ~.~ PHONE : ~ / l.~_ Z ~ ~'~ PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) - A P P E A RAN C E R E Q U E S T I ~ ~ ~-- ~` PUBLIC HEARING ON G1~+~\-..~~~s'r~Y. Q iC ~ C'-~-+ I would like the Chairman o~the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y - - - - - - - - - - - - - - - - - - NAME : i~L~~--,N1~ `~~1~~\ ~ ~ 1 '-1 ADDRESS: ~1~C 1=~`Lt~C= ~-~t~if L1~~ ~~~ t4~~ \~C' ~~ ~~~` ilG ~~ ~ PHONE : ~~ ~~ - (~ L. PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) A P P E A R A N C E R E Q U E S T rt F f ~~~, '" ~ .2..'' PUBLIC HEARING ON J~`P,i`~.~ r3..,~s„i"r_ r%j '!, :,, °~'x~ I would like the Chairman of the Board of Supervisors to ti t recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time-limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. NAME: ADDRESS: PHONE: P L E A S E W R I T E L E G I B L Y ,, ;~' ~~ r // ., ~ ~ ,~ //~ ~ f ~; ~J~~ _ <~ 4,/ ~''~. ~~ PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) • - A P P E A R A N C E R E Q U E S T - - - - - - - - - - - - - - - - - PUBLIC HEARING ON ~~,ECO.~/~ FR~~NG OF r2~iN.¢NCL-" ~~Q / -~S \I ~,~!/E~JiN cr- ~~sSi a.v - ~~ .-- "~ ~~ _ ~~g.~i ~~~i9lZ ~"~G-S/ I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y NAME: DDRESS : ~3~ 7 ~o ~~ 7- 2 l ~ 1 ~~ o~<e- PHONE : ~ a,3 ~ .~/3-7~/~ PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) A P P E A R A N C E R E Q U E S T ~~U ~- -~~ - - - - - - - - - - - - - - - - - - E PUBLIC HEARING ON I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y - - - - - - - - - - - - - - - - - - NAME : ~(, C.~1 GvtG~ `r lt~~l Q ~ l.L. lT CU2.~lI/l~ ADDRESS : 8'a~3 -~ /~. o~.~.V PHONE : ~(~ (p - PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) A P P E A R A N C E R E Q U E S T PUBLIC HEARING ON I would like the Chairman of the Board. of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y NAME: ADDRESS : _ „~ G/~'~ S" /Gv/~ ~.~ ~~., a PHONE : 1 ~ ~ '°" l ~^ ~~- ~ 4t'~ PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) ~, A P P E A R A N C E R E Q U E S T PUBLIC HEARING ON ~~ ~~ !"../~ c I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y - - - - - - - - - - - - - - - - - - NAME : /-f L. F Q ~ ~ t'O W ~. ~•~ ADDRESS: 3~~Q FQ~IJ~~L~~ :1.~, ~e A~n) ot«. L,UU~~'~ PHONE : 3 ~ 7 ` 3 ~' o PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) A P P E A R A N C E R E Q U E S T PUBLIC. HEARING ON Ii ~ d ~ S - I would like the Chairman of the Board of Supervisors to. recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time-limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y -, ~-\ ^^~~ ~ J1 NAME: _~i_~ ~ ~( 1 I~, l/~ ADDRESS : ~(' ~.J ,~ PHONE : c-J ~ ~ Z ~ _~ PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) l ""° ~~t A P P E A R A N C E R E Q U E S T PUBLIC HEARING ON I/( _ f~- ~f ~"', i I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y .1 _ ~ _ ; _~ _ _ _ NAME : ~ ~J ~ - /,~~ ~.5~--%"( ADDRESS . _~~ ~_~ j~ r-. ~`~ ~(-1~--1~ X ~~ ~~ ~-Z ~Zk-~`7 ~ ; 1-- ~~ PHONE: ~ ,~~ < ~ ~~~ PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) ~" _._ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGCENTERHONDTUESDAY,RNOVEMBERO22Ty19$gINISTRATION ORDINANCE 112288-8 ACCEPTING AN OFFER FOR AND AUTHORIZING THE SALE OF .55 ACRE, MORE OR LESS, IN THE SOUTHWEST INDUSTRIAL PARK BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus and is being made available for other pub- lic uses, i.e. economic development; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading was held on Novem- ber 9, 1988, and a second reading was held on November 22, 1988, concerning the sale and disposition of .55 acre, more or less, in the Southwest Industrial Park; and 3. That an offer having been received for said proper- ty, the offer of Nelson Brumfield to purchase .55 acre, more or less, for $18,000 is hereby accepted and all other offers are rejected; and 4. That all proceeds from the sale of this real estate are to be allocated to the capital reserves of the County; and 5. That the County Administrator is authorized to exe- cute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said pro- perty, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Nickens, seconded by Supervisor Johnson and carried by the following recorded vote: AYES• Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY TESTE: ~~~ ~`° Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Tim Gubala, Director, Economic Development Paul Mahoney, County Attorney John Willey, Director, Real Estate Assessment Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget 2 ACTION # ITEM NUMBER AT A REGULAR MEETING OEHEHROANOKE COUNTYEADMINISTRATIONNOCENTER COUNTY, VIRGINIA HELD AT T MEETING. DATE: November 22,1988 AGENDA ITEM: Sale of .55+ acres in Southwest Industrial Park COUNTY ADMINISTRATOR'S COMMENTS: .a~ ~ •- SUMMARY OF INFORMATION In September 1988, the purchaser indicated intelans to bu aldna in the Southwest Industrialforrthe manufacturPng of cabinets. 2,400 square foot facility attached.) The The site is a portion of a 6.41 acre tract. (Map will .55+ acres is being sold for $18,000 of which the County receive $15,000. FISCAL IMPACT: Annual tax revenue is estimateRoanoke CounOty isobeingureq ested will be approximately $500 and to pay one-half of this amount. STAFF RECOMMENDATION Staff recommends the following action upon approval of this second reading: 1, The sale of .55+ acres to purchaser; 2. Approve the payment of one-half of the survey costs associated with this sale (approximately $250); a ment of the survey costs associated with 3, Approve the p Y original request to purchase land in the same par ; 4. Authorization of the County Administrator to execute necessary documents upon approval by the Roanoke County Attorney. the Q_I APPROVED BY: SUBMITTED BY: ,~ ~~__ ~~ ~ ~ a.~rty-~ "''t~' Director Elmer C. Hodge ' Timot y W. Gubala, County Administrator Economic Development _ ~~ ACTION No Yes Abs Approved ( ) Motion by: Garrett Denied ( ) Johnson Received ( ) McGraw Referred Nickens To ________ Robers Attachment ~l- / \,~ , . ~,.. ,~ . s°ti ~ 5~~, TRACT 111 A ~~ tt ~ 1.00 AC. r ~ \j ~ ~ ~~ ~ ~ ~r r ~ / ~r ~r ., a ~ r i'f~ E7oSTNW ~ r o s i~S / r~ ,',1 ,, ~~ ~. ,, ~~ TRACT III B 6.11 AC. ,~. ~ oti S ~ ~ TRACTI ~ 3.00 AC. ~ ~ \ ~ ~ ~ .'~' ~. TRACT 11 ~•>~ AC. SOUTHWEST INDUSTRIAL PARK ROANOKE COUNTY PROPERTY BEING SOLD DEPARTMENT OF DEVELOPMENT ('~-- I AT A REGULAR MEETING OF THE BOARD OF SCOUNTYSADMIONISTRATOION COUNTY, VIRGCENTERHONDTUESDAY,RONOVOEMBER 22, 1988 ORDINANCE ACCEPTING AN OFFER FMOREAOR AUTHORIZING THE SALE OF .55 ACRE, LESS, IN THE SOUTHWEST INDUSTRIAL PARK BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus and is being made available for other pub- lic uses, i.e. economic development; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading was held on Novem- ber 9, 1988, and a second reading was held on November 22, 1988, concerning the sale and disposition of .55 acre, more or less, in the Southwest Industrial Park; and 3. That an offer having been received for said proper- urchase .55 acre, more or ty, the offer of Nelson Brumfield to p less, for $18,000 is hereby accepted and all other offers are rejected; and 4. That all proceeds from the sale of this real estate are to be allocated to the capital reserves of the County; and 5. That the County Administrator is authorized to exe- cute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said pro- perty, all of which shall be upon form approved by the County Attorney. ,~ , ,~: ` ,~ AT A REGULAR MEETING DFATHTHEOROANOKESCOUNTYSADMINISTRATION COUNTY, VIRGINIA, HEL NOVEMBER 22, 1988 CENTER ON TUESDAY, ORDINANCE 112288-9 ACCEPTING AN OFFER FORE ND MOREOORZ LESS HEINATHEOSOUTHWEST ACR , INDUSTRIAL PARR BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus and is being made available for other pub- lic uses, i.e. economic development; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading was held on Novem- ber 9, 1988, and a second reading was held on November 22, 1988, concerning the sale and disposition of two (2) acres, more or less, in the Southwest Industrial Park; and 3. That an offer having been received for said proper- ty, the offer of Insulation Systems Inc. to purchase two (2) acres, more or less, for $50,000 is hereby accepted and all other offers are rejected; and 4. That all proceeds from the sale of this real estate are to be allocated to the capital reserves of the County; and 5. That the County Administrator is authorized to exe- cute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said pro- perty, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Nickens, seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY TESTE: ~~~~~ ~~ Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Tim Gubala, Director, Economic Development Paul Mahoney, County Attorney John Willey, Director, Real Estate Assessment Diane Hyatt, Director, Mananement & Budget Reta Busher, Director, g 2 ACTION # ITEM NUMBER~~~ AT A REGULAR MEE'rINGTOTHEHROANOKE OCOUNTYEADMINISTRp,TIONNCENTER COUNTY, VIRGINIA HELD A MEETING DATE: November 22, 1988 AGENDA ITEM: Sale of two acres in the Southwest Industrial Park COUNTY ADMINISTRATOR'S COMMENTS: ,~ ~ _ ~ ~" BACKGROUND: In August 1988, Mr. Jack Smith of 1nntheaSouthwestelndustrialoParka expressed an interest in locating 000 square foot office-distribnsula- The proposed structure, a 20, manufacturing facility will be the first owned structure by tion Systems after leasing spaceoffar5s41eacreytract1(note attached The two acre site is a portion map). The two acres are being sold for $50,000. FISCAL IMPACT: Insulation Systems, Inc. is paying all surveying costs associated with the sale of said property. Annual tax revenue is estimated to be $7,000. Hook-up fees are projected to be $28,713. STAFF RECOMMENDATION: The staff recommends the following action upon approval of this second reading. 1. Approval of the sale of two acres to purchaser; Administrator to execute all 2. Authorization of the County royal by the County Attorney. necessary documents upon app SUBMITTED BY: ~_` 1 ~ I/ V Yl/~'~~j 1. V'~ ~ ~/~ Timothy W. Gub la, Director Economic Development APPROVED BY: Jf~~{t ///} (~~U. / Elmer C. Hodge ~ County Administrator "W ~"~ s t~ ----------- -------------- ACTION - -_ VOTE ---- Np Yes Abs Approved ( ) Notion by: Garrett Denied ( ) Johnson Received ( ) McGraw Referred Nickens To _ Robers Attachment -~ . ~ . EXISTMICi ~y~ ` , ,~ ~ ~ `. BUiIpN(i / TRACT 111 A ~ ,~ 1.00 AC. ~ 1. .` ,~ '~ ~, ~~ `~~ cnanNo '' ~u~owo d 9 ~'~ i l ~ ~ ~ ~~ , '' --- --- --- - - - - -~-- -- ~,~" Soya ,\ ~ ~ TRACTI ~ 7.00 AC. ~ ~~ ~ ~~ ~. TRACT p zs",~ ROANOKE COUNTY SOUTHWEST INDUSTRIAL PARK DEPARTMENT OF DEVELOPMENT PROPERTY FOR SALE ~'~ . AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 22, 1988 ORDINANCE ACCEPTING AN OFFER FOR AND AUTHORIZING THE SALE OF TWO (2) ACRES, MORE OR LESS, IN THE SOUTHWEST INDUSTRIAL PARK BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus and is being made available for other pub- lic uses, i.e. economic development; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading was held on Novem- ber 9, 1988, and a second reading was held on November 22, 1988, concerning the sale and disposition of two (2) acres, more or less, in the Southwest Industrial Park; and 3. That an offer having been received for said proper- ty, the offer of Insulation Systems Inc. to purchase two (2) acres, more or less, for $50,000 is hereby accepted and all other offers are rejected; and 4. That all proceeds from the sale of this real estate are to be allocated to the capital reserves of the County; and 5. That the County Administrator is authorized to exe- cute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said pro- perty, all of which shall be upon form approved by the County Attorney. ~ s / ,~', ~ '~. _. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 22, 1988 ORDINANCE 112288-10 ACCEPTING AN OFFER FOR AND AUTHORIZING THE SALE AND CONVEYANCE OF SURPLUS REAL ESTATE--WELL LOT, GLEN FOREST BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been de- clared to be surplus and is being made available for sale to the public; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the sale and disposition of the hereinafter-described real estate was held on November 9, 1988. A second reading on this matter was held on November 22, 1988. This real estate consists of a well lot located in Glen Forest and more particularly described as Tax Map No. 64.02-2-18; and 3. That offers having been received for the well lot located in Glen Forest, the offer of James E. Cooke in the amount of $850.00 is hereby accepted and all other offers are rejected; and 4. That all proceeds from the sale of this real estate are to be allocated to the capital reserves of the County; and 5. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the sale and conveyance of said property, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Nickens, seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY TESTE: J~- Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul Mahoney, County Attorney John Willey, Director, Real Estate Assessment Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget Cliff Craig, Director, Utilities 2 ACTION # ITEM NUMBER ~~ AT p' VIRGINIAMHELDNATOTHEHROANOKE COUNTYEADMINISTRATIONNOCENTER COUNTY, MEETING DATE: November 22, 1988 AGENDA ITEM: Oed sale and cconve yance off esu plus nre 1 testate ng well lot, Glen Forest COUNTY ADMINISTRATOR'S COMMENTS: // ~ ti4 SUMMARY OF INFORMATION: On October 5, 1988, the County received an offer from a citi- zen to purchase an abandoned well lot located in Glen Forest and more partieves rit would lbe din thea County Ns .best. Oint res t toodnsy staff bel pose of the abandoned well lot. Section 18.04 of the Roanoke County Charter requires that any sale or disposition of public property be accomplished by ordinance. The first reading of the proposed ordinance was held on November 9, 1988; the second reading is scheduled for November 22, 1988. FISCAL IMPACTS: A written offer in the amount of $850.00 has been received from James E. Cooke. The net proceeds from the sale of this pro- perty shall be allocated to the capital improvements funds. ALTERNATIVES: 1. Authorize the County Administrator to execute such docu- mented and take such actions on behalf of Roanoke County as are necessary to accomplish the sale and conveyance of said property, all of which shall be upon form approved by the County Administra- tor. 2. Do not authorize the County Administrator to execute such documented and take such actions on behalf of Roanoke County as are necessary to accomplish the sale and conveyance of said C,~-3 property, all of which shall be upon form approved by the County Administrator. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. Respectfully submitted, /~ r Sarah A. Rice Assistant County Attorney ------------------------------------------------------------------ ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Garrett Received ( ) Johnson Referred McGraw To Nickens Robers . ~_ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 22, 1988 ORDINANCE ACCEPTING AN OFFER FOR AND AUTHORIZING THE SALE AND CONVEYANCE OF SURPLUS REAL ESTATE--WELL LOT, GLEN FOREST BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been de- clared to be surplus and is being made available for sale to the public; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the sale and disposition of the hereinafter-described real estate was held on November 9, 1988. A second reading on this matter was held on November 22, 1988. This real estate consists of a well lot located in Glen Forest and more particularly described as Tax Map No. 64.02-2-18; and 3. That offers having been received for the well lot located in Glen Forest, the offer of James E. Cooke in the amount of $850.00 is hereby accepted and all other offers are rejected; and 4. That all proceeds from the sale of this real estate are to be allocated to the capital reserves of the County; and 5. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the sale and conveyance of Q-3 said property, all of which shall be upon form approved by the County Attorney. s ~ A P P E A R A N C E R E Q U E S T --------f~ - ~ ,~ ~~ ~ r ~ ~~~ PUBLIC HEARING ON ~ C I wquld like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so below. WHEN CALLED TO THE. PODIUM, I WILL GIVE MY NAME AND that I may comment. I agree to follow the guidelines listed ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. NAME: ADDRESS: PHONE: PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) P L E A S E W R I T E L E G I B L Y • p, p P E A R A N C E PUBLIC HEARING ON 1 C~ n Co R E Q U E S T _ ~~~~ I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time-limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y NAME: ~~, v ADDRESS: ~ ~ ~S PHONE: PLEASE NOTE: C,~ (~' J d"~ (After filling out, give to the Deputy Clerk. Thank you.) ' A P P E A R A N C E R E Q U E S T PUBLIC HEARING ON ~~ I would like the Chairman of the Board of Supervisors to 4 c recognize me during the public hearing on the above matter so that I may comment. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time-limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y _. ~ NAME : ~ ~~t ~~--~c_-F--,~c~' ADDRESS : °j j '~,~ ~ ~GC.~.~z.- P PHONE: d'7-C-¢-- -`7 ~:~ PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) ~1~ - ~ A P P E A R A N C E R E Q U E S T _ PUBLIC HEARING ON I would-like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow the: guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and-five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y ~ f,/~ ~~ NAME : ~ ~ «,~ ~ ~ ~ - ~ ~--~ L- ADDRESS : G - '~ G- "~,~ PHONE : - ~ c.. ~ ~ ~ T~ PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) ~'1. p, p P E A R A N C E R E Q U E S T _ PUBLIC HEARING ON C./~/~ y I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment. I agree to follow-the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time-limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTINGITTENPAUTIiORIZATIONG FROMETHERGROUPHALL FILE WITH THE CLERK WR ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y NAME: O ADDRESS : J ~ ~ ~:' I~ ~i.~ ll~~./~ VL ~ ;.~ ` ~ PHONE : ~~ ~ ~7b PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.> ' A P P E A R A N C E R E Q U E S T PUBLIC HEARING ON / ~ ~~~~~~ I would like the Chairman of the Board of Supervisors to recognize me during the public hearing on the above matter so that I may comment.. I agree to follow the guidelines listed below. WHEN CALLED TO THE PODIUM, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1. Each speaker will have between three and five minutes available whether speaking as an individual or representative. The chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. 2. Speakers will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. 3. R11 comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. 4. Both speakers and the audience will exercise courtesy at all times . 5. Speakers are requested to leave any written statements and/or comments with the clerk. 6. INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. P L E A S E W R I T E L E G I B L Y NAME: ADDRESS: PHONE: PLEASE NOTE: (After filling out, give to the Deputy Clerk. Thank you.) -~ ACTION # A-112288-11 ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 22, 1988 AGENDA ITEM: Authorization to Lease Additional Office Space COUNTY ADMINISTRATOR'S COMMENTS• /'~ ~,~ n ~ ~~ BACKGROUND: Attached is background material and a summary of information relative to space needs. SUMMARY OF INFORMATION: Attached ALTERNATIVES AND IMPACTS: See Page 3 attached STAFF RECOMMENDATION: The staff recommends leasing 3750 square feet of office space in the Brambleton Corporate Center. Offices to be moved into the rented space are Human Resources, Payroll, Real Estate Assessments, and Risk Management. Cost: ° Install phones and terminals ° Cost of move ° Partitions ° Annual Rental ° Construct an o.f_fice for Assistant County Administrator for Management Services TOTAL Subsequent 1988-89 Years $ 7,000 $ 1,500 5,000 18,283 36,563 3,000 $34,783 536,563 SUBMITTED BY: APPROVED: G'~ 7 Don Myers Elmer C. o g Assistant County Administrator County .Administrator Management Services Approved (x ) Motion by: Denied ( ) Lee Garrets Received ( ) pri- anion o: Referred aTo~"f'i-ce to anuary , cc: File Don Myers John Chambliss John Hubbard Keith Cook John Willey Bob Jernigan Diane Hyatt ACTION VOTE Steven A. McGraw/ No Yes Abs - o approve appro- Garrett x E~"u`nds~or addition-Johnson x space e ective McGraw x __ _ _ Nickens x Robers x Current Needs at Administration Center November 22, 1988 Background HISTORY OF THE ADMINISTRATION BUILDING o Occupied in October, 1982 o Gave up 5000 square feet at time of move 0 95 people at time of occupancy, now 129 - net increase of 34 (See exhibit A). PRESENT SITUATION o Serious space shortage for - Commissioner of Revenue - Treasurer - Assessor o Director of Development and Inspections needs an office o Assistant Administrator for Managment Services has no office o Working conditions in Engineering very cramped o Inadequate accomodations for utility customers o Inadequate storage NO ROOM FOR EXPANSION o Potential population growth o Continued expansion of services o Increased use of computers to improve efficiency and service 1 Current Needs at Administration Center November 22, 1988 Contributing Factors County Population Number of Parcels Annual Reassessment Proration of personal property Proration of building permits Meals Tax 1982 73,800 33,438 1987 1987 1985 1988 1988 75,000 39,000 2 Current Needs at Administration Center November 22, 1988 Options Estimated Total Cost 1 Install three modules on RCAC property $174 000 (quickest, minimum expenditure, addresses total current need) 2 Construct new building on RCAC property 235,000 (time consuming, best residual value) 3 Build addition on front of Administration Center 235,000 (minimum residual value, time consuming) 4 Add second floor to community room (net cost per sq ft is too high) 5 Use space at Service Center (inefficient) 6 Use Wm Byrd or other County Buildings (inefficient) 7 Use part of community room and board office (quick, minimum expense, does not address total current need) 8 Rent office space in a nearby area (annual) 161,800 180,000 180,000+ 40,000 36,563 3 Total County Space Needs November 22, 1988 Options - Long Term CENTRALIZED vs DECENrRALIZID Considerations Weight Scattered Central ° Satisfy current space needs 6 32 53 ° Maximize efficiency g 41 75 ° Maximized service 8 44 61 ° Expansion capacity 5 16 42 ° Citizen rapport 6 39 36 ° Initial cost 7 46 41 ° Long-term (overall) cost 7 38 53 (High score is 'best) 256 361 EVALUATION OF POTENTIAL CENTRALIZED SITES South- Blue Tin. Valley view Travelers Cross Brambleton Byrd Pointe ° Access 3 1 2 5 6 4 ° Cost - Property 1 3 4 2 1 6 ° Cost - Prep 2 1 2 2 1 1 ° Cost - Building 4 3 2 1 5 6 ° Expandability 1 q 6 5 2 3 ° Citizen Rapport 3 ~1 2 5 6 _4 Total 14 13 18 20 21 24 (Low score is 'nest) 4 EXHIBIT A Headcount Changes at Administration Center 1982-1988 Department Administration and Board Utility Billing Accounting and Insurance Management and Budget Risk Management Management Services Public Information Officer Commissioner of Revenue Treasurer Assessor County Attorney Community services and Development .Economic Development Procurement Human Resources Human Services Buildings & Grounds Maintenance Utilities Fire and Rescue Refuse Buildings and Grounds 10/82 10/88 Difference 4 5 1 5 7 2 9 10 1 2 2 1 1 1 1 1 1 11 16 5 10 10 0 10 19 g 2 4 2 28 36 g 3 3 2 ~ 5 3 4 1 2 2 1 1 0 4 0 (4) 4 0 (4) 1 0 (1) 1 0 (1) 95 129 34 5 Exhibit B Cost of Central Facility * Building Grading and Paving Relocation of Athletic Fields Traffic Control Allowance for Contingency $7,221,000 500,000 200,000 150,000 $8,071,000 800,000 $8,871,000 * Assumes 111,091 sgare feet at $65 per square foot (See Exhibit C) 6 Exhibit C Calculation of Space Requirements Long Term Location School Administraton Adminstration Building Health and Welfare Registrar Social Services VPI Extension Allowance for growth - 1/3 Current Sq.Ft. in use 36,920 29,435 4,000 1,100 11,000 11,000 85,455 25,636 111,091 7 Exhibit D Anticipated Revenue from Sale of Property Property William Byrd Junior (Main Building and Annex) Health and Welfare Building School Administration Building Administration Center Anticipated Revenue $1,000,000 360,000 415,000 1,200,000 $2,975,000 8 I<utiP~i~~~ ~;v~1Y Oi~;1K!~ Ji ilit'''_r~ V I:,l1Yt:> r' ~. ..UX ~`1~:JU ~Uh~w Ji~L ~yh ._~iu lJ C i T Y ;~ ~- r~ ~~ ,~~~ ~ v i~ ~~~ r•r-t- iJ..1'r i 1 ,Jt r`'U~.,~~ I:,h7 1;.Jir i, (Ir~~ v ~i~::i ~i.,~~~ i~1 r. 'v nu (r1i~~I;_'~U '~~1-'i~c:icl:Ti:1I'v._ ~;t laic iIh",_~-,~iJ;,Lv I.G~C- f'l.: It Fi I I Ui-i T i~llil.: i LLJ t~,~U.'.y) ~L, ~. 1 J PU~LI~ry~i1 l~ r ) i'i ~ ?< U .~ (v a t~ L' ~ i ', C J L 'r'i U ~~ L U- v i= i^, J t r'; ., ,-,, ~ rUL~i_IJr,c~ 1~'v ~u~~,~v~tt 1iv Tfi~: :i7YiTL ~F vl+':l~i:Vlrlt ~itr t,t~(IF-Y (i-~1~T T t, ~ ; ~ ` ; v i_ ;~ t _, "~ v (I . ~. ,h ;-, ; r i_ l S t1 ~ a/ i .J ~,~_ i,v ~Y-, I~V i..'V J t' hi F' C i ~ J ~.: r i Gl G f ~) ir_ L i.: h I ~V ..~ .~ (•~ r C. ,i wli~:L:;Jf Tril.~ i;.I;i i_:;~Y ~r ,vu`r~~~~;~~~ 1S;~s ~--~ %~lJ ! Y~i.i f.L J l Li }r ri I V1' NOTICE OF PUBLIC HEARING Please be advised thaf the Board of SuDervlsors of Roanoke County, Vlrpinia, at its meetlnp on November 7t, 1988, of the Roanoke County Administration Confer, 3738 Brambleton Avenue, Roanoke, VIr0lnia, at the sveninp session bepinninp 7:00 p.m. will hold a publlc hearing on the followlnp maf- ter, to-wit: ORDINANCE AMENDING AND REENACTING CHAPTER 10 OF THE ROANOKE COUNTY CODE, LICENSES, AND PROVIDING FOR A PERMIT FEE FOR SOLICITOR'S PERMITS All members of the publlc Inter- ested in the matter,sef forth above may appear and be heard et the time and place aforesaid. Paul M. Mahoney County Attorney I (18153) -r t ,`r iJ rl .~i _ \ - L L U 4 i tt :J T l ,:iJ~,i;l;t~c L j,~ii 1 Y ~Ur,~ii ... ~ur'~.7UiS;;t~J i73~s ,";::;:;ALL ~ur~ Wit, ~' , ~ U ;t .' r ,S t ,.' J T hi T ~_ V~ f ~ i t', .~ 1~ ~ I ri v 7 'i » 3 i 1 ~ I~1 L:. UlV Li t; r.J l'v LLJ) r,'~ !-iJ Til Uf~lr=Cv Kti'r<t_~tivTMl iV?. „r ~i?t 11'"'.t-.~-rvUt.~.l~ ~,U;{_ ,. , Yil!{ri f lust r!;'Ily.".! .:.i~it'~!r,;~ I lU~ Z J ~'Ji~L 1J1~Vi:r~ i1r T;i~ nu•t'au:.~ i iiit_:~ :. rvUi':L~I-'v ::r+;~1 ry UryILY ~wE ~t .:, r'ar ;. .. i''vuL tJii'~-. 11 r~'J i'liv Ui\t_r iy -,: t1 ~: :~ i i~ ( U f° V i r•', ~ 1.`r i ;.r ~ L% ~., 1. 1~~" t\ T I f' Y f f i r~ .T t-iL r, iv(`Jt1(t'. Li ~v:.~11r,. '_ ,, •.:.J Ei u;L1{;,, t~~J iv J.^iiL) v C vv J "r• F~ L n ;~ l,' i . i :~ ,.. t' '_i i_ L° J ; r i i w ~ iJ ri 1 t_ ;~ 1 il0 `IVi~,ii vu h 1 ~ !~: t. ~~ ,~ ~ ~.. I 1 1 J i ~::` I i'1 ' rK ~~~1 ~ i~~ ',.) U C i11 . L. )"~ 1 7 v L' 1 ~ PUBLIC HEARING Pleau be edvlsed that the Board of Supervisors of Roanoke County, Vlrplnia, at Its meefinp on November Yt, 19p; at the Roanoke County A~minlafrafion Center, 373! Bf~mbleton Avenue, R'oantlke, Vlrpinis, at the -evenNrp - usslon beplnninp 7~~q~~pp~~ wpl hold a Public hTe$i~7f'~p;t(i!R fohgwlnp mat- tr_... t '~ ~L~I I A1lRLIC MORRS. :,.,,.. gM/ROVEMlNTA. AUTIIOR11iNG THE IMPOSITION OF ASSESSMENTS UPON ABUTTING PROPERTY OWNERS, PROVIDING FOR NOTICE THEREOF, OBJECTIONS AND APPEALS, PURSUANT TO THE STATUTES FOR SUCH CASES MADE AND PROVID- ED All members of the public Inter- ested in the matter ut forth above may appesr and be heard at the Lima and piece aforessid. Paul M. Mahoney County Attorney nom ~~ / ~~ ~ ~~ nUhfVi.:i~C ~ Ii~r~:~ u Yw!Jti~ J-iV'~i~iJ ..t~ .'V t,r,ui~k - I lU~t~u~ T7 t'ticLISHtK'S t-~C - >,3b.4 ~tTi~ivUttt i.Uui`~TY VUr+KiJ ~Ir= JtJPEKVI~!J~J 373<3 oK>a+"'IuLtTtJ v ~rw P +.; ~i:iX Z:3~~U K'`i H i'V lV ~`~ C V 1+ G `t U I CS STf~ T ~ sF VIkuI'YI~+ CITY Ut" K~.JniV~:t~C ~t-f-iuHVl T ur- PUt;Li~,l;l i~i~ i, t itit u~J'~t.i.;iiviVti.) tiiv ruThurll[t.i k`PKt~~i°,ti"HTly~ ~f- THi~ TI+Yi:s-YrUi:Lu Ci1F~- PUkH1 iu+'s, ~ir~ll;,i i:urta'ul;ki LUv IS PUr~~I~Ht uF TTit tZii;-~iVUn,t (i~sti ~ wt_;nLU-i~t~v~, k tsH1LY ~~t:wSi'i.P-c~. f`UriLii+-icu i~a r<uti~viJKC, I+'u Th: ~lkTc ur vlitl~livirl, J~ ~,EkT1F=Y TNHT TFit hivr~txci ~"~~i"I~t. wA5 PUi1LI~HEC Iiv Sy{lu i~cvvSPaNtKS u v f Ht rULLt~n 1;~u litiTr ii/iJb/uL~ ,'iUrl,'~i~Ju rvlTiVt;iS, Thies yTr~ Ur~Y ur fvuv~t•1bt+< I9t3u ~~T~~ ~ ~~~~- ~a~~ .-+uTnG'r:1t.cL JI~iVNTUrtE /y~~ NOTICE OF PUBLIC HEARING AMENDMENTS TO CHARTER Pursuant to the provisions o} Chapter 17 of Title 15.1 of the 1950 Code of VIr0lnia, as amended, and sDecl}ICally Section 15.1-835, the Board of Supervisors of Roanoke Coun- ty, Virginia, hereby gives no- tice of a public hearing fo be held on November Z$ 1988, aT 7:00 P.m. at the Roanoke Coun-' tY Adminlstrstlon Center at 3738 Brambleton Avenue, Roanoke, Vlrplnis, so that the citizens of Roanoke County shall have an opportunity to comment uDOn the County~a request that the General As- sembly amend Its ezistlnp charter. An Informative summary of the proposed charter amend- ments is as follows: Sectlon 2.OZ TazinO Powers Sectlon 8.03 Additional Powers, Commissioner of The Reve- nue. Section 9.03 Board of Zoning Ap, peals Paul M. Mahoney County Attorney (T0577) p,OANp 0~~~~F ~ ~; - L Z A J 2 a 18 150 88 SFSQUICENTENN~P~ ~I l3amti~ullje~irorin~ COUNTY ADMINISTRATOR ELMER C HODGE November 29, 1988 Dr. Fred P. Roessel, Jr. Executive Director MHS of Roanoke Valley 920 South Jefferson Street Roanoke, Virginia 24016-4494 Dear Dr. Roessel: BOARD OF SUPERVISORS LEE GARRETT. CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT RICHARD W. ROBERS. VICE-CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT BOB L. JOHNSON HOLLINS M4GISTE RIAL DISTRICT STEVEN A. MCGRAW CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VIN TON MAGISTERIAL DISTRICT This is to advise that at their meeting on Tuesday, November 22, 1988, the Board of Supervisors voted unanimously to confirm the reappointment of Dr. Joseph Duetsch as an at-large member of the Mental Health Services of the Roanoke Valley Board of Directors. On behalf of the supervisors and the citizens of Roanoke County, please convey to Dr. Duetsch our sincere thanks and appreciation for his willingness to accept this reappointment. Sincerely, Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors bjh cc: Henry L. Woodward, Chairman, MHS of the Roanoke Valley Dr. Joseph Duetsch W. Robert Herbert, City Manager, City of Roanoke Randolph M. Smith, City Manager, City of Salem John B. Williamson, County Administrator, Botetourt County ~IILItitLJ ~f ~i1~YiII~2P P.O. BOX 29800 ROANOKE. VIRGINIA 2 4018-07 9 8 (703) 772-2004 F o`` a~~ ~ w - ~ ti Z p °~ a X183' .E50 88 ~ SFSCUICENTENN~P~ 1 l3eauti~ul Bc~;innira~ COUNTY ADMINISTRATOR ELMER C. HODGE Mr. B. J. King 3512 Brambleton Avenue Roanoke, Virginia 24018 Dear Mr. King: November 29, 1988 BOARD OF SUPERVISORS LEE GARRETT. CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT RICHARD W. ROBERS. VICE-CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT BOB L. JOHNSON MOLLINS M4G ISTERIAL DISTRICT STEVEN A. MCGRAW CATAWBA MAGISTERIAL DISTRICT HARRY C. NICK ENS VINTON MAGISTERIAL DISTRICT The Board of Supervisors have asked me to express their sincere appreciation for your previous service to the Building Code Board of Adjustment and Appeals. Allow me to personally thank you for the time you served on this Board. Citizens so responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. Very truly yours bjh (~uunf,~ of ~uttnvhe Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors -~r~c~-~._,. 3d. Q.C.-~., P_O. BOX 29800 ROANOKE. VIRGINIA 2 4018-07 9E3 (703) 772-2004 O F- O H Q W 7~ F-~ W cI~ w H -'~ h as ~ w '-' O x Q x ~,, w w O >-' z 0 ~ U -. ~ ~ ~ w O ~' ~ ~ p U w ~ Z O ~ w O ~ ~ w w ~ Z Q ~ ~ ~ ~'`' w ~ w ~ O E-• O w w cri Z N H U H H Q ~ W ~ Z w ~ ~ x cn ~ Z ~ .. ~ w U w H U ,_..., ~ Z ~ U Z z ...., ~ O E-~ H w U ~ O ~ 0 z 0 U ~, o, Ca N W a ,S2 Q 0 2 u Q 0 it ,~ z ~~ a~ p,OANp~~ ~ ~ ~. 2 J .e a 1838 (E51 88 SFSQUICENTENN~P~ -1 (3rnufi~ull3c~;innin~; COUNTY ADMINISTRATOR ELMER C HODGE Mr. Cecil Hill Route 8, Box 161 Roanoke, Virginia 24012 Dear Mr. Hill: November 29, 1988 LEE GARRETT. CHAIRMAN WiN DSOR HILLS MAGISTERIAL DISTRICT RICHARD W. ROBERS. VICE-CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT 808 L. JOHNSON HOLLINS M4GISTE RIAL DISTRICT STEVEN A. MCGRAW CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT The Board of Supervisors have asked me to express on their behalf their sincere appreciation for your previous service to the Grievance Panel. Citizens so responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. This is to advise that at their meeting held on Tuesday, November 22, 1988, the Board of Supervisors voted unanimously to reappoint you as a alternate member of the Grievance Panel for a three-year term. Your term will expire on October 12, 1991. State law provides that any person elected, re-elected, appointed to any body be furnished a copy of the Freedom of Information Act; your 1987 copy is enclosed. We are also sending you a copy of the 1987 Conflicts of Interest Act. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Very truly yours, Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors bjh Enclosures cc: D. Keith Cook, Director, Human Resources Department C~vixnf~ of ~vttnvf~r BOARD OF SUPERVISORS P.O. BOX 29800 - ROANOKE. VIRGINIA 24 018-07 4 8 (703) 772-2004 OF p,OANpt. F ~ F L ti p 2 ~ ~ 2 ~ - a 18~ E50 $$ S~SQV~CENTENN~P~ .1 Bea u~i~ul BcKinninK COUNTY ADMINISTRATOR ELMER C HODGE November 29, 1988 Mr. Michael J. Gordon P. 0. Box 221 Route l Bent Mountain, Virginia 24059 Dear Mr. Gordon: BOARD OF SUPERVISORS LEE GARRETT. CHAIRMAN WINDSOR HILLS MAGISTERIAL OIS T RICT RICHARD W. ROBERS. VICE CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT BOB L. JOHNSON HOLLINS M4GISTE RIAL OISTRICT STEVEN A. MCGRAW CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VIN TON MAGISTERIAL DISTRICT This is to advise that at their meeting held on Tuesday, November 22, 1988 the Board of Supervisors voted unanimously to re-appoint you as a member of the Planning Commission for another four-year term which will expire December 31, 1992. State law provides that any person elected, re-elected, appointed or reappointed to any body be furnished a copy of the Freedom of Information Act; your 1987 copy is enclosed. We are also sending you a copy of the 1987 Conflict of Interest Act. It is necessary that you take an oath of office before the Clerk of the Roanoke County Circuit Court. This oath must be administered rior to your participation on this Committee. Please phone Mrs. Elizabeth W. Stokes, Clerk at 387-6208 as soon as possible and arrange to have the oath administered. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Very truly yours, Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors mha Enclosures CC: Mrs. Elizabeth Stokes Dale Castellow, Acting Director, Planning (~ount~ of ~uttnvkr P.O. BOX 29800 ROANOKE. VIRGINIA 2 4018-07 9 8 (703) 772-2004 O~ ROANp~.~ ~ ~ ~. Z ~ 2 ~ a 18 E50 88 SFSQUICENTENN~P~ A Benuti~ul8c~inrvirr~ COUNTY ADMINISTRATOR ELMER C. HODGE Ms. Carolyn Pence 1826 Cranwell Drive Vinton, Virginia 24179 Dear Ms. Pence: BOARD OF SUPERVISORS LEE GARRETT. CHAIRMAN WINDSOR HILLS MAGISTERIAL DIST RIC7 RICHARD W. ROBERS. VICE-CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT BOB L. JOHNSON HOLLINS MAGISTERIAL DISTRICT p STEVEN A. MCGRAW Novembe r 29 , 19 8 8 CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VIN TON MAGISTERIAL DISTRICT This is to advise that at their meeting held on Tuesday, November 22, 1988 the Board of Supervisors voted unanimously to re-appoint you as a member of the Library Board for another four-year term which will expire December 31, 1992. State law provides that any person elected, re-elected, appointed or reappointed to any body be furnished a copy of the Freedom of Information Act; your 1987 copy is enclosed. We are also sending you a copy of the 1987 Conflict of Interest Act. It is necessary that you take an oath of office before the Clerk of the Roanoke County Circuit Court. This oath must be administered prior to your participation on this Committee. Please phone Mrs. Elizabeth W. Stokes, Clerk at 387-6208 as soon as possible and arrange to have the oath administered. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Very truly yours, -rr,o~..~~- -ad . a...c,c.~.~., Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors mha Enclosures CC: Mrs. Elizabeth Stokes George Garretson, Library Director C~~unt~ ~f ~uttnnkP P.O BOX 29800 - ROANOKE. VIRGINIA 24018-0798 ~ (703) 772-2004 ~F ROANp~.~ ti ~ Z p O 2 J a 8 ESOi 8$ S~SQUICENTENN~P~' A l3cnuli~uJ6c~innin~ COUNTY ADMINISTRATOR ELMER C. HODGE November 29, 1988 Mr. Robert Allen Williamson, Jr. 6500 Carefree Lane Apartment #A8 Roanoke, Virginia 24019 Dear Mr. Williamson: BOARD OF SUPERVISORS LEE GARRETT. CHAIRMAN N'IN DSOR HILLS MAGISTERIAL DISTRICT RICHARD W. ROBERS. VICE-CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT BOB L. JOHNSON HOLLINS MAGISTERIAL DISTRICT STEVEN A. MCGRAW CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VIN TON MAGISTERIAL DISTRICT This is to advise that at their meeting held on Tuesday, November 22, 1988, the Board of Supervisors voted unanimously to appoint you as a member of the Building Code Board of Adjustments and Appeals for a four-year term which began April 13, 1988, and will expire April 13, 1992. State law provides that any person elected, re-elected, appointed or reappointed to any body be furnished a copy of the Freedom of Information Act; your 1987 copy is enclosed. We are also sending you a copy of the 1987 Conflict of Interest Act. It is necessary that you take an oath of office before the Clerk of the Roanoke County Circuit Court. This oath must be administered rior to your participation on this Committee. Please phone Mrs. Elizabeth W. Stokes, Clerk at 387-6208 as soon as possible and arrange to have the oath administered. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Very truly yours, yY> ~~ ~- Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors bjh Enclosures CC: Mrs. Elizabeth Stokes Mr. Skip Nininger, Development & Inspections (~vunf~ of ~~ttnnkr P.O. BOX 29800 ROANOKE. VIRGINIA 24018-0748 (703) 772-2004 OF POANOK F ti •I, ~ Z A ~ ~ J 2 a 183'8 (,E51 88 S~SQV~CENTENN~P~' ,I Rrdufi~ulli~~innin~ COUNTY ADMINISTRATOR ELMER C HODGE ~IIllnfl~ ~~ ~Attnil~tF November 23, 1988 Rev. G. Thomas Brown Southview United Methodist Church 3539 Peters Creek Road Roanoke, Virginia 24019 Dear Reverend Brown: BOARD OF SUPERVISORS LEE GARRETT. CHAIRMAN WINDSOR NILLS MAGISTERIAL DISTRICT RICHARD W. ROBERS. VICE-CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT BOB L. JOHNSON HOLLINS MAGISTERIAL DISTRICT STEVEN A. MCGRAW CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT On behalf of the Board of Supervisors, I would like to take this opportunity to let you know of our appreciation for your attending the meeting on Tuesday, November 22, 1988, to offer the invocation. We feel it is most important to ask God's blessing on these meetings so that all is done according to His will and for the good of all citizens. Thank you again for sharing your time with us. Very truly yours, Le Garrett, Chairman Ro noke County Board of Supervisors bjh P.O BOX 29800 ROANOKE. VIRGINIA 24018-0798 (703) 772-2004 NOTICE OF PUBLIC HEARING AMENDMENTS TO CHARTER Pursuant to the provisions of Chapter 17 of Title 15.1 of the 1950 Code of Virginia, as amended, and specifically Section 15.1-835, the Board of Supervisors of Roanoke County, Virginia, hereby gives notice of a public hearing to be held on November 22, 1988, at 7:00 p.m. at the Roanoke County Administra- tion Center at 3738 Brambleton Avenue, Roanoke, Virginia, so that the citizens of Roanoke County shall have an opportunity to comment upon the County's request that the General Assembly amend its existing charter. An informative summary of the proposed charter amendments is as follows: Section 2.02 Taxing Powers Section 8.03 Additional Powers, Commissioner of the Revenue. Section 9.03 Board of Zoning Appeals ~~~~~ Paul M. Mahoney County Attorney Please publish in the morning edition on: November 8, 1988 Please send bill to: Board of Supervisors of Roanoke County P. 0. Box 29800 Roanoke, VA 24018-0798 NOTICE OF PUBLIC HEARING Please be advised that the Board of Supervisors of Roanoke County, Virginia, at its meeting on November 22, 1988, at the Roanoke County Administra- tion Center, 3738 Brambleton Avenue, Roanoke, Virginia, at the evening session to-wit: beginning 7.00 p.m. will hold a public hearing on the following matter, ORDINANCE AMENDING AND REENACTING C,IppTER 10 OF 'THE ROANOKE COUNTY CODE, LICENSES, AND PROVIDING FOR A PER,"IIT FEE FOR SOLICITOR'S PERMITS All members of the public interested in the matter set forth above may appear and be heard at the time and place aforesaid. ~~ ~' Paul M. Mahoney County Attorney Please publish in the morning edition on: November 8, 1988 November 15, 1988 Please send bill to: Board of Supervisors of Roanoke County P. 0. Box 29800 Roanoke, VA 24018-0798 NOTICE OF PUBLIC HEARING Please be advised that the Board of Supervisors of Roanoke County, Virginia, at its meeting on November 22, 1988, at the Roanoke County Administra- tion Center, 3738 Brambleton Avenue, Roanoke, Virginia, at the evening session beginning 7:00 p.m. will hold a public hearing on the following matter, to-wit: ORDINANCE ESTABLISHING CERTAIN PROCEDURES FOR FINANCING OF LOCAL PUBLIC WORKS IMPROVEMENTS, AUTHORIZING THE IMPOSITION OF ASSESSMENTS UPON ABUTTING PROPERTY OWNERS, PROVIDING FOR NOTICE THEREOF, OBJECTIONS AND APPEALS, PURSUANT TO THE STATUTES FOR SUCH CASES MADE AND PROVIDED All members of the public interested in the matter set forth above may appear and be heard at the time and place aforesaid. Paul M. Mahoney County Attorney Please publish in the morning edition on: November 8, 1988 November 15, 1988 Please send bill to: Board of Supervisors of Roanoke County P. 0. Box 29800 Roanoke, VA 24018-0798 L E G A L N O T I C E Notice is hereby given to all interested persons that the Roanoke County Board of Supervisors will hold a public hearing at their evening session beginning at 7:00 p.m. on Tuesday, November 22, 1988 in the Community Room of the Roanoke County Administration Center, 3738 Brambleton Avenue, S.W., Roanoke, Virginia, on the petition of LUCY M. CLARK requesting rezoning from B-1 BUSINESS to B-2 BUSINESS of a tract containing .62 ACRES and located AT 4145 WEST MAIN STREET in the CATAWBA Magisterial District. Rezoning has been requested to BRING THE EXISTING CONVENIENCE STORE INTO CONFORMANCE WITH THE ZONING ORDINANCE. The County Planning Commission recommends APPROVAL, A copy of the Zoning Ordinance of Roanoke County and amendments thereto as well as a copy of the petition, site plan, and other documents related to this request may be examined in the office of the Department of Planning and Zoning, located in Room 600 of the Roanoke County Administration Center. Roanoke County will provide assistance to handicapped persons desiring to attend public hearings. Such individuals are requested to contact the County office of Personnel Services ([703] 772-2018) if special provisions are necessary for attendance. Given under my hand this 3RD day of NOVEMBER, 1988. ~~n~x~- ~~ -~ ~ Mary H. Allen, Deputy Clerk Roanoke County 'Board of Supervisors Please publish in the evening edition of the Roanoke Times and World News on: TUESDAY, NOVEMBER 8, 1988 TUESDAY, NOVEMBER 15, 1988 Direct the bill for Publication to: LUCY M. CLARK 4145 WEST MAIN STREET SALEM, VIRGINIA 24153