HomeMy WebLinkAbout9/25/1990 - Adopted Board RecordsA-92590-1
Item No. --b-1
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: September 25, 1990
AGENDA ITEM: Explore Presentation and Announcement of Plan Review
Process Initiation
COUNTY ADMINISTR/ATOR'S COMMENTS:
EXECUTIVE SUMMARY:
Roanoke County has supported Explore through planning and endorse-
ments in the past.
River Foundation President Dr. Norman D. Fintel, will brief the
Board of Supervisors on Explore's recent progress and announce next
steps, including the initiation of the County's plan review process
by January 1, 1991.
Project Director Bern Ewert, and Engineer Richard Burrow, will be
present.
BACKGROUND:
In 1985, the Board of Supervisors adopted the Explore concept.
In 1986, County coordinated the community planning process in east
and west Roanoke County for Explore Park and Roanoke River
Greenway.
In 1987, County assisted Explore -in the negotiation and acquisition
of Palmer Estate.
In 1989, County received the All America City Award with assistance
from Botetourt County and Explore.
Earlier this year, County made Explore one of its top economic
development priorities.
SUMMARY OF INFORMATION:
Explore's opening means jobs and tax revenue to Roanoke County and
the region. Explore will provide educational opportunities for our
children and preserve old buildings from Roanoke County and the
region. Roanoke County would like to assist Explore to help it
become a reality by 1994.
Explore has acquired roughly 1,300 acres of state park land, which
will be served by a national parkway, the Roanoke River Parkway,
and has raised over $28 million toward its goal.
FISCAL IMPACT:
None
STAFF RECOMMENDATION:
1. Administrator supports the initiation of the plan review
process by January 1, 1991, and recommends that the County
proceed with comprehensive plan review, revision and land use
approval process for Explore. This would involve:
(a) evaluating an amendment to the future land use plan, and
(b) evaluating a request for a "Use Not Provided For" permit.
2. County Attorney Paul Mahoney has suggested that an Explore
advisory committee, similar to that utilized in citing a new
landfill, could be helpful. The County Administrator concurs
and recommends that the County establish an Explore Citizens
Advisory Committee to assist, as needed, in the plan review
process. The committee would be composed of nine citizen
representatives: one appointed by each Supervisor for each
district, one member appointed by the Town of Vinton, one
member appointed by Explore, plus two additional representa-
tives from east Roanoke County (one from the north side of the
river and one from the south side of the river). Staff
support would be provided.
The role of the Committee would be to review Explore plans
during the plan review process and review and advise how the
plan would be reviewed by the community.
Respectfully submitted: Approved:
/6c�.
Joy a Waugh Elmer C. Ho e
Eco is Development Specialist County Administrator
--------------------------------------------------------------
ACTION No Yes Abs
Approved ( :4 Motion by: Harry C. Nickens Eddy x
Denied ( ) to approve staff recommenda- Johnson x
Received ( ) tion McGraw x
Referred Nickens x
to Robers x
cc: File
Tim Gubala, Director, Economic Development
Terry Harrington, Director, Planning & Zoning
ACTION NO.
A-92590-2
ITEM NUMBER �'C;J
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 25, 1990
AGENDA ITEM: Fiscal Impact of the Governor's Budget Reductions
for FY 1990-91 and Fy 1991-92
COUNTY ADMINISTRATOR'S COMMENTS:
EXECUTIVE SUMMARY:
On Thursday, September 13, 1990, the Governor's Plan for 1990-
92
990-
92 Budget Reductions was released which outlines the agency budget
adjustments as they pertain to the local governments across
Virginia. VACO and VML have submitted copies of the report and
comments which help to describe the State's actions. Staff has
reviewed the impact for the 1990-91 fiscal year and also the 1991-
92 fiscal year, to the degree information is available, and offer
the following analysis as to the fiscal impact to the County of
Roanoke including our school system.
BACKGROUND:
Attachment 1 outlines the budget adjustments by revenue source
or agency as presented in the Governor's report. The accompanying
notes describe the impact to Roanoke County for each item.
Overall, the impact to the County for the current fiscal year
appears to be a net gain of $59,329. The adjustments for each of
the State agencies for the 1991-92 fiscal year have not been
completed to date, so the full impact is not truly determinable at
this time.
The main reason that we are able to overcome the cuts for the
current year is the use of the savings from the employer
contributions to the Virginia Retirement System based on the
Legislature's decision not to fund future COLA adjustments until
after July 1, 1992. The reduction in the calculated contribution
was $758,298 for the School system and $165,256 for the County.
The Schools should realize a net loss of $31,775 based on the
savings for V R S contributions and the cuts in the areas of Duty
Free Lunch, Sales Tax, and Other Standards of Quality Funding
Reductions. The $157,000 new revenue anticipated from the State
sharing of the Recordation Tax will also not be realized.
L,- a
State supported agencies such as the Health and Social Service
Departments have been notified to reduce their administrative costs
and not to impact programs. The reduction amounts shown on
Attachment 1 reflect the state share of the funding for these
operations (55% for Health and 80% for Social Services). In the
case of the Health Department, $4,961 will be unmatched by state
dollars in the current year's budget and could be unappropriated
by the Board. In Social Services, the unmatched portion would be
$7,474. In both cases, the state has advised that the reductions
would be in administrative costs and not in the service programs
to clients. The administrative costs could include such things as
salaries, office operating costs, and facility costs (rent and
utilities).
Grants such as the block grant for Youth Haven II and the
Victim Assistance Grant for the Commonwealth Attorney were
individually reviewed by the state agencies and the impact is
shown. In the case of Youth Haven II, the loss of block grant
monies represents an increase in the local share of the program
cost, however, this can be offset by the reserves from previous
block grants and in the recalculation of per diem rates for the
future.
House Bill 599 monies (Police) have been held harmless for
Roanoke County in both years of the biennium since this money was
included in a special appropriation for the transition to the
police department. This area has taken severe cuts in other
localities.
Reimbursements from the Compensation Board will be primarily
offset by the imposition of a Required 30 Day Vacancy Policy,
whereby constitutional officers must hold vacancies open for 30
days before submitting them for inclusion on salary reimbursement
forms. Other savings to the agency will be based on the state
decision not to grant the suggested 2% salary increase as of
December 1 (which had never been funded by the state) and by
revisions to the estimated cost of operations (reimbursement for
V R S contributions, jail per diem estimates, milage
reimbursements, etc.).
FISCAL IMPACT:
The net impact for the 1990-91 fiscal year appears to be a net
gain of $59,329, however adjustments among some of the agencies
must be made to allow the programs not to suffer during this year.
While the impact to the current fiscal year is favorable, and the
perceived impact for the 1991-92 fiscal year seems manageable, the
potential impact for 1992-93 and beyond could be disastrous,
particularly if the savings from the employer share of V R S
contributions is not available or if the impending adjustments for
1991-92 and beyond for schools and other agencies are significantly
increased. The last column of Attachment 1 shows the suggested
amendments to the current budget.
STAFF RECOMMENDATION:
Staff suggests amending the budget as outlined in Attachment
1 which places any surplus in the Fund Balance of the General Fund
to help offset the anticipated shortfall for the 1991-92 fiscal
year.
Respectfully submitted,
Approved by,
John M. Chambl ss, Jr. Elmer C. Hodge
Assistant Administrator County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (X) Motion by: Bob L. Johnson No Yes Abs
Denied ( ) to approve staff recommenda- Eddy x _
Received ( ) tion Johnson x
Referred ( ) McGraw x
To ( ) Nickens x
Robers x
cc: File
John Chambliss, Assistant County Administrator
Reta Busher, Director, Management & Budget
Diane Hyatt, Director, Finance
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NOTES TO THE WORKSHEET
STATE BUDGET REDUCTIONS
IMPACT TO THE COUNTY OF ROANOKE BUDGET
NOTE 1
School revenues for FY 1990-91 for Duty Free Lunch, Sales Tax
Projections, and the Other Category as they relate to the Standards
of Quality funding were reduced by a total of $633,103.
Projections for FY 1991-92 are anticipated in November and the same
level of reduction has been estimated by County staff at this time.
There may also be other reductions in the State's update.
NOTE 2
The Legislature decided not to fund future COLA adjustments
for the V R S until after July 1, 1992, therefore the employer
contribution rate has been revised downward. A similar reduction
should be available for FY 1991-92, however the salary base will
be different and the rates may be actuarially adjusted. This
adjustment applies to both the School and County budgets.
NOTE 3
The Recordation Tax was scheduled to be shared with the
localities beginning October 1, 1990, and was to be used for Public
Transportation or Public Education purposes. The original state
estimate was $157,000 for the current fiscal year which was
included in our budget for education purposes. The state revised
it's estimates to $177,282 for FY 90-91 and $354,564 for FY 91-
92, however none of this revenue will be realized by the County.
NOTE 4
The State revised it's revenue projections for A B C profits
and Wine Tax to produce an additional $17,854 for FY 90-91 and
$3,034 for FY 91-92. The County has not totally relied on the
State projections in the past and this adjustment represents an
increase of $7,854 in revenues for the current fiscal year.
NOTE 5
The expenditure reductions (reimbursements) for the Health
Department and Social Services Department are based on the State's
share (55% for Health and 80% for Social Services). The State has
advised that the cuts must be in the category of administrative
costs and not reductions in programs to clients. Administrative
costs could include salaries, office operating costs, or facility
costs. The unmatched local share would be $4,961 for the Health
Department and $7,474 for Social Services. Staff suggests leaving
the unmatched local share in the budget to minimize the impact for
the transition.
NOTE 6
The Victim Assistance Grant, like most other grants from the
state, was reviewed and the state share was reduced by $60 for the
current fiscal year. The grant was originally for $5,675 and was
used to fund this activity in the Commonwealth Attorney's office.
NOTE 7
The block grant for the Youth Haven II program funds 2/3 of
the salaries and all of the eligible operating costs. The
reduction of $16,074 for FY 90-91 and $21,633 for FY 91-92 could
be funded from previous Block Grant reserves for our program and
would be calculated in future per diem rates charged to other
localities or agencies utilizing the program. This would provide
a -0- impact to the General Fund budget at this time.
NOTE 8
The Regional Emergency Response Team is normally reimbursed
for incurred expenses and monies were included in the State Budget
to cover this item. The State allocation has been reduced by 10%.
The County included $5,000 in the current fiscal year budget and
the corresponding $500 reduction was included in our analysis.
NOTE 9
Reductions in the State Compensation Board budget may have no
direct impact to Roanoke County for the current fiscal year, even
though the relative share was estimated by the State at $29,421.
The following items were considered in the State calculations:
JAIL PER DIEM PAYMENTS - The state estimate of actual prisoner days
has been revised based on trends for the past two months. Actual
payments to localities will continue to be based on actual prisoner
population per day.
STATE SHARE OF V R S CONTRIBUTION - See note 2 above as it relates
to the local share. This factor also reduced the state
reimbursement requirement.
MILAGE RATE REIMBURSEMENT FOR GOVERNMENT OWNED VEHICLES - The
Compensation Board in the approved budget authorized a rate of
$0.1636 instead of the normal $0.24 for reimbursed milage for
government-owned vehicles. Milage for personal vehicles will
continue to be at $0.24.
30 DAY VACANCY POLICY - Any vacant position within a Constitutional
Officer's office must remain vacant a minimum of 30 days before
being submitted on the State Reimbursement forms. Further comment
will be received before a decision is made in this area for next
year.
2% SALARY INCREASE FOR CONSTITUTIONAL OFFICERS AND EMPLOYEES
The 2% salary adjustment discussed for December 1, 1990 for
Constitutional Officers and their employees was not funded in the
original budget allocation and will not be funded at this time.
Since no monies had been included for this in the County budget,
there is a -0- impact. Staff suggests that the County not provide
this increase as a local expense at this time.
NOTE 10
The HB 599 monies to fund the Police Department have been held
harmless in this budget reduction and there is a -0- impact for
both fiscal years. The Board may recall that this money was a
special appropriation to help in the transition to a Police
Department.
ACTION #E
A-92590-3
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 25, 1990
SUBJECT: Fire Mutual Aid Agreement - Botetourt and Roanoke
County
COUNTY ADMINSTRATORS COMMENTS:
•Z0 .• -74 •
Title 27 of the Code of Virginia provides for the establishment
of mutual aid agreements between political jurisdictions for the
purpose of providing fire and rescue services.
With the inception of the joint fire station by Botetourt and
Roanoke Counties, it became necessary to develop a mutual aid agreement
between the two counties and the Blue Ridge Volunteer Fire Department.
There is already a simular agreement in place with the Troutville
Volunteer Fire Department who will be a part of this operation also.
The staffs have developed this agreement and the Botetourt County Board
of Supervisors has recently approved it. A copy of the agreement is
attached for the Boards consideration.
With the approval and implementation of this agreement there
should be an operational cost savings in the future.
F -1911A4 • VI I i0l;4ZINYIN ,
Staff recommends that the Board authorize the County
Administrator to execute such documents and take such action as may be
necessary to accomplish the purposes of this transaction, all upon form
to be approved by the County Attorney.
1-3
Respectfully submitted, Approved by,
Thomas/0'. F qua Elmer C. Hodge
Chief of Fire &s`cue Department County Administrator
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
ACTION VOTE
Approved (x) Motion by: Harry C. Nickens_to No Yes Abs
Denied ( ) approve Eddy x
Received ( ) Johnson x
Referred McGraw x
To Nickens x
Robers x
cc: File
Thomas C. Fuqua, Chief, Fire & Rescue
ACTION NO. A-92590-4
ITEM NUMBER 4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 25, 1990
AGENDA ITEM: Progress Report and Request for Supplemental
Appropriation for the Police Department
COUNTY ADMINISTRATOR'S COMMENTS:
The Board may recall that I asked for an additional
appropriation during the budget process. The decision was made to
defer the request until the new Chief arrived. Chief Cease and his
staff have done an outstanding job and I am requesting approval of
these funds. if approved, the Chief and I agree not to ask for
additional staff next year.
BACKGROUND:
The Roanoke County Police Department began operations July 1,
1990. The new department is responsible for County law enforcement
and service of all criminal papers. The transition was well planned
and no disruption in service to the public occurred.
SUMMARY OF INFORMATION:
Transition planning for the new operation was detailed. Some
additional needs or requests were anticipated, particularly related
to personnel. Approximately $200,000.00 in funding was identified
to address these needs. It is anticipated that the requested full-
time personnel additions will become a part of the permanent budget.
This request provides funding to accomplish four objectives:
(1) To increase police visibility/crime deterrence and to
reduce response time.
(2) To better focus existing resources to maximize existing
personnel efficiency by insuring that their assignment
corresponds with public demands for service (crime and
accident analysis).
1
(3) To satisfy the requirements for Law Enforcement
Accreditation which will assist in insuring quality
service and lowered liability risk to the taxpayer.
(4) To allow continued employment of critical part time
personnel until funding in the next years budget can be
requested. These positions include a department telephone
receptionist (cost shared with the fire department) and
some clerical assistance in records and criminal
investigations.
ALTERNATIVES AND IMPACTS:
The police department is labor intensive. As a result, there
are a few alternatives to personnel efficiency. Steps have already
been taken to maximize resource allocation and efficiency.
(Attachment 1) The department is currently at full strength with
no vacancies. Further service improvements will only come with
additional personnel. The existing overtime budget, if projected
through the year, is unrealistic and will require supplemental
funds.
STAFF RECOMMENDATION:
Staff recommends that four additional uniformed police officers
be hired beginning January 1, 1991. They will be equipped with a
police vehicle, radio communications, uniforms, etc. and be
assigned to law enforcement functions.
A computer -literate records manager will be hired in November,
1990 to develop a records system and computer interface capable of
producing management information necessary to insure efficient
personnel and equipment allocation. The department is currently
very limited in this area and management information is critical to
further improvements in resource allocation.
A full-time temporary research analyst will be funded for six
months of an anticipated 3 -year Law Enforcement Accreditation
project. Several temporary part-time personnel will allow the
Department to function at a level that will meet the public's
expectations for the new law enforcement operation.
The cost to implement for the remainder of this budget year is
$200,000 and will come from the Unappropriated Fund Balance
(Attachment 2).
2
cc:
SUBMITTED BY:
n H. Cease
Chief of Police
ACTION
Approved (K)
Denied ( )
Received ( )
Referred
To
APPROVED:
Elmer C. Hodge
County Administrator
VOTE
Motion by: Harry C. Nickens No
to approve staff recommenda- Eddy _
tion with addition that Johnson _
positions #4 and 5 if full-time McGraw _
be extended fringe benefits Nickens _
(#4 -Accreditation Specialist Robers _
#5 -Telephone Receptionist)
File
John Cease, Chief of Police
Reta Busher, Director,
Diane Hyatt, Director,
Keith Cook, Director,
Management & Budget
Finance
Human Resources
3
Yes Abs
X
x
x
x
x
ACCOMPLISHMENTS SINCE JULY 11 1990
Attachment 1
1. 30 new vehicles in service; six 1988 equipped police vehicles
furnished Sheriff, 14 vehicles surplused
2. Changed the work schedule in the Uniform Division to 8 hours
and 5 platoons. This has resulted in substantial overtime
savings. (see attachment A)
3. Started an Auxiliary Police Academy to meet Accreditation
requirements
4. Restructured the DARE officer's assignments and organizational
position
5. Reassignment of Sgt. Henninger to Uniform and Sgt. Swisher to
Criminal Investigations to handle warrants
6. Rules and Regulations Manual - have not had for 2 years
7. Policy Review Committee - to provide for employee input and
feedback
8. Warrants - increase in responsibility
9. Hired 7 police officers
10. Hired 3 communications officers
11. Mr. Meredith to work on Accreditation and Sgt. Swortzel
assigned to Services Division
12. Improved inter -department relations
13. Improved public perceptions
14. Revised Communications Officer's work schedule (to a 6-2
schedule)
15. Initiated a new filing system for offense reports in the
Services Division
16. Revamped supply room in the Services Division to run more
effectively
17. Starting to de -bug a new PC based evidence tracking system
18. Twenty-five general orders researched, written, and put into
effect
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HINOW A SWIIUHAO SEAOH 10 #
SPECIAL APPROPRIATIONS
Attachment 2
The following is my determination as to how the special
appropriation should be allocated.
1. Hire four (4) new officers January 1, 1991
(includes vehicles, radios, uniforms, etc.)
2. Reclassification; effective November 1, 1990:
A. One clerk to secretary
B. Two sergeant reclassification in CID
C. Detective On Call pay
3. Record Personnel
A. Records Manager
$125,429
666
2,203
1,946
13,714
B. Computer Consultant (Subcontract) 6,400
To provide technical expertise on current soft-
ware, necessary for full implementation of the
CAD system.
4. Accreditation Specialist - October 1, 1990 18,128
Temporary position - duties will be to
implement the Accreditation Program and
coordinate police officer training.
5. Telephone Receptionist 5,000
Expense will be shared with Fire Department.
Necessary to provide public access to Southview
as well as citizen contact with the departments
by phone. (Temporary Employee)
6. Temporary Clerical Position 8,800
To provide assistance in typing and other
office duties as required due to
increased work load.
Page: 2
Special Appropriations
Attachment 2
7. Computer Equipment
To provide the necessary computer equipment
to track data required for efficient police
operations.
8. Overtime
To provide additional overtime funds due to an
unrealistic overtime budget allocation.
/lav
i -y
11,300
6,414
ACTION I A-92590-5
ITEM NUMBER --l)'
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 25, 1990
AGENDA ITEM: Acceptance of Anti -Drug Abuse Grant for Neighborhood
Watch Program
COUNTY ADMINISTRATOR'S COMMENTS:
Recommend approval of this grant. If the Board has already approved the additional
appropriation for the Police Department, matching funds will not be required. Otherwise, the
$7,963 local match will be needed.
SUMMARY OF INFORMATION: The County has been notified that it has
been awarded an anti-drug abuse grant in the amount of $23,901 from
the Department of Criminal Justice Services. This grant requires
a local match of $7,963. The grant would be used to expand the
current Neighborhood Watch program by reassigning an individual
from another law enforcement activity and by purchasing needed
computer equipment. This is the first year of what is anticipated
to be a four year grant program. In years two through four the
grant will decline to a 50/50 match of State to Local funds. After
year four the grant funds will be discontinued. Even though this
is anticipated to be a four year program there is no guarantee that
it will be funded beyond the current bi-annum.
STAFF RECOMMENDATION: Staff recommends accepting the DCJS Anti -
Drug Abuse Grant in the amount of $23,901 and appropriating the
local match of $7,963 from the unappropriated balance.
Diane D. Hyatt Elmer C. Hodge
Director of Finance County Administrator
ACTION VOTE
No Yes Abs
Approved (X) Motion by: Harry r_ Nickena
Denied ( ) to accept grant Eddy X
Received ( ) Johnson X
Referred ( ) McGraw X
To Nickens X
Robers X
cc: File
Diane Hyatt, Director, Finance
Reta Busher, Director, Management & Budget
John Cease, Chief of Police
ACTION NO.
A-92590-6
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 25, 1990
AGENDA ITEM: Request for Funding from TAP for Transitional Living
Center
COUNTY ADMINISTRATOR'S COMMENTS:
EXECUTIVE SUMMARY:
The County has received a letter from TAP requesting an
appropriation of $15,000 for their fiscal year, which begins
December 1, 1990. The monies which are being requested from
several public and private funding sources will be used to match
a HUD Grant for operations of this facility.
BACKGROUND•
The Transitional Living Center is completing its third year
of operation and currently averages sixty (60) residents daily.
Overall, TAP will be using approximately $410,000 during FY90-91
to operate the center at its maximum level of services.
This request for funding was not included in TAP's original
budget request to the County which has been appropriated as a
separate line item for several years.
FISCAL IMPACT•
Selection of Alternative #1 would require a $15,000
appropriation from the Board Contingency Fund.
ALTERNATIVES•
Alternative #1: Appropriate $15,000 from the Board
Contingency Fund, which may be used by TAP to match said Grant.
Alternative #2: Give to TAP a statement of intent to
appropriate $15,000 so that they may use it against the match for
the Grant, however, actually pay the cash from the 1991-92 fiscal
year budget.
Alternative #3: Do not appropriate monies for this purpose.
1,7
STAFF RECOMMENDATION:
Staff recommends Alternative #1 with the proviso that TAP be
advised that this appropriation is a one time situation and to
submit future requests as a part of the normal budget cycle for the
County.
Respectfully submitted,
John M. Cha liss, Jr.
Assistant Administrator
Approved by,
Elmer C. Hodge
County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Harry C. Nickens amended No Yes Abs
Denied ( ) to approve Staff Alternative_ Eddy x_
Received ( ) #1 with understanding that Johnson x_
Referred ( ) requests for funds be initiateMcGraw
To ( ) from TAP as they feel appro Nickens x_
priate during current fiscal Robers
year
cc: File
John Chambliss, Assistant County Administrator
Diane Hyatt, Director, Finance
Reta Busher, Director, Management & Budget
ACTION NO.
A-92590-7
ITEM NUMBER_
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 25, 1990
AGENDA ITEM: Proposed Creation of a Recycling Advisory Committee
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND:
The Board of Supervisors has requested the use of a citizen's
advisory committee in the development and implementation of the
Roanoke County Recycle Program. The use of a citizen committee has
been a successful technique in past County projects in which both
private and commercial interests are affected. This committee
would enable citizens and businesses to participate in the
formulation of the recycling aspect of the comprehensive solid
waste plan. The plan must be completed, approved, and submitted
to the Commonwealth of Virginia by June 30, 1991. Citizen
participation would begin as early as September, pending board
appointment and approval.
SUMMARY OF INFORMATION:
The staff has proposed an eight member committee with participation
from both the private and commercial sectors. The scope, purpose
and membership of the committee is detailed in the attachment and
will include board appointments, staff designations by the County
Administrator and Superintendent of Schools and Clean Valley
Council members.
FISCAL IMPACT:
Minimum impact is anticipated from committee work. Any fiscal
impacts resulting from committee recommendations are unknown.
Committee members will serve on a volunteer basis, and basic
administrative expenses and staff time should be absorbed.
ALTERNATIVES:
None.
1
STAFF RECOMMENDATION:
Staff recommends the Board establish committee and appoint members
as identified in attachment. Committee shall select own chairman.
Members should be appointed by September 25, 1990 Board meeting.
Respectfully submitted, Approved by,
Gardner W. Smith, Director Elmer C. Hodge
Department of General Services County Administrator
-----------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Richard W. Robers No Yes Abs
Denied ( ) to approve staff recommenda-Eddy x
Received ( ) tion Johnson x
Referred ( ) McGraw x
To ( ) Nickens x
Robers x
cc: File
Gardner Smith, Director, General Services
John Hubbard, Assistant County Administrator
2
t
THE ROANOKE COUNTY RECYCLE ADVISORY COMMITTEE
The staff proposes the following scope, purpose and membership for
the committee:
SCOPE
The Recycle Advisory Committee will have primary concern with
issues pertaining to refuse recycling within the total Roanoke
County staff and school board administrative operations,
residential recycle collection and commercial recycle collection.
PURPOSE
To increase citizen awareness and participation in recycling.
To provide citizen input on the County recycle plan.
To review the recycle portion of the solid waste plan.
To monitor the County progress toward the recycle goals.
To aid in the implementation of County recycle policies.
To provide the board periodic reports on County recycling.
MEMBERSHIP
There will be eight (8) members on the committee. The committee
membership will be as follows:
1. One member from the Board of Supervisors - board
selected.
2. Four citizens (two from County businesses and two lay
citizens) - board appointees.
3. One member from the County staff - Gardner W. Smith.
4. One member from the County schools staff - Superintendent
selectee.
5. One member from Clean Valley Council - coordinated with
council by County staff.
ATTACHMENT
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, SEPTEMBER 25, 1990
RESOLUTION 92590-8 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS
AGENDA FOR THIS DATE DESIGNATED AS
ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the certain section of the agenda of the Board
of Supervisors for September 25, 1990 designated as Item J -
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 5, inclusive, as follows:
1.
Approval of
Minutes - August 28, 1990.
2.
Confirmation of Committee Appointments to
the Industrial
Development
Authority and League of Older
Americans.
3.
Approval of
Resolution of Appreciation to
George Nester
for service
to Roanoke County as Vinton Town
Manager.
4.
Approval of
50/50 Raffle Permit - Loyal
Order of the
Moose Lodge
No. 284.
5.
Approval of
Raffle Permit - Mason's Cove Elementary
School PTA.
2. That the Clerk to the Board is hereby authorized and
directed where required by law to set forth upon any of said items
the separate vote tabulation for any such item pursuant to this
resolution.
On motion of Supervisor Nickens to adopt resolution with
addition of Item 5, and carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
cc: File
Bingo/Raffle File
A COPY TESTE:
r� A.
���
Brenda J. Holton, Deputy Clerk
Roanoke County Board of Supervisors
ACTION NO. A -92590-8.a
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 25, 1990
AGENDA ITEM: Confirmation of Committee Appointments to the
Industrial Development Authority and League of
Older Americans
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The following nominations were made at the September 12, 1990
meeting and should be confirmed by the Board of Supervisors.
Industrial Development Authority
Supervisor Eddy nominated Ronald M. Martin to the Industrial
Development Authority, for a four-year term, which will expire
September 26, 1994.
League of Older Americans
Supervisor Eddy nominated Frances Holsinger to serve on the League
of Older Americans to complete the unexpired term of Murry K.
White. This term will expire on March 31, 1991.
RECOMMENDATION•
It is recommended that the above nominations be confirmed.
Respectfully submitted,
Approved by,
7X7� bl-�
Mary H. Allen Elmer C. Hodge
Clerk to the Board County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Harry C. Nickens No Yes Abs
Denied ( ) Eddy x
Received ( ) Johnson x
Referred ( ) McGraw x
To ( ) Nickens x
Robers x
cc: File
Industrial Development Authority File
League of Older Americans File
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, SEPTEMBER 25, 1990
RESOLUTION 92590-S.b OF APPRECIATION TO G E O R G E
NESTER FOR OUTSTANDING SERVICE TO THE CITIZENS OF
ROANOKE COUNTY AS VINTON TOWN MANAGER
WHEREAS, George Nester has served as the Town Manager of
Vinton, Virginia, in the County of Roanoke, since September, 1983;
and
WHEREAS, George Nester has been instrumental in the
continued progress of the Town of Vinton through improvements in
downtown Vinton, development of the Vinton Industrial Park,
expansion of Vinton's public water system, the Vinton Gladetown
Community Improvement Project and the widening of Washington
Avenue; and
WHEREAS, George Nester has been an asset to the citizens
of Roanoke County through his efforts in cooperation and
negotiations on behalf of the Town of Vinton; and
WHEREAS, George Nester has accepted a position as Vice
President with Mattern and Craig Consulting Engineers and Surveyors
in a new business venture.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County wishes to express its deepest
appreciation and the appreciation of the citizens of Roanoke County
to GEORGE NESTER for his outstanding service as Vinton Town
Manager.
FURTHER, the Board of Supervisors does express its best
wishes for success in all his future endeavors.
On motion of Supervisor Nickens to adopt resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
o6 Y, ti- e, LQ
Brenda J. Holton, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Resolutions of Appreciation File
ACTION NO. A -92590-8.c
ITEM NUMBER 7:57 -
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 25, 1990
AGENDA ITEM: Request for approval of 50/50 Raffle Permit from the
Loyal Order of the Moose Lodge No. 284.
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Loyal Order of the Moose Lodge No. 284 has requested a 50/50
Raffle Permit for the following dates:
September 26, 28, 29
October 3, 5, 6, 10, 12, 13, 17, 19, 20, 24, 26, 27, 31
November 2, 3, 7, 9, 10, 14, 16, 17, 21, 23, 24, 28, 30
December 1, 5, 7, 8, 12, 14, 15, 19, 21, 22, 26, 28, 29
This application has been reviewed with the Commissioner of Revenue
and he recommends that it be approved.
The organization has paid the $25.00 fee.
STAFF RECOMMENDATION:
It is recommended that the application for a Raffle Permit be
approved.
Mary H. Allen
Clerk to the Board
APPROVED BY:
Elmer C. Hodge
County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Harry C. Nickens No Yes Abs
Denied ( ) Eddy -'x
-
Received ( ) Johnson x
Referred ( ) McGraw x
To ( ) Nickens x
Robers x
cc: File
Bingo/Raffle File
COUNTY OF ROANOKE, VIRGINIA
COMMISSIONER OF THE REVENUE
APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO
Application is hereby made for a bingo game or raffle permit.
This application is made subject to all County and State laws,
ordinances, rules, and regulations now in force, or that may be
enacted hereafter and which are hereby agreed to by the under-
signed applicant and which shall be deemed a condition under
which this permit is issued.
All applicants should exercise extreme care to ensure the accura-
cy of their responses to the following questions. Bingo games
and raffles are strictly regulated by Title 18.2-340.1 et. seg.
of the criminal statutes of the Virginia Code, and by Section
4-86 et. sec. of the Roanoke.County Code. These laws authorize
the County Board of Supervisors to conduct a reasonable investiga-
tion prior to granting a bingo or raffle permit. The Board has
sixty days from the filing of an application to grant or deny the
permit. The Board may deny, suspend, or revoke the permit of any
organization found not to be in strict compliance with county and
state law.
Any person violating county or state regulations concerning these
permits shall be guilty of a Class 1 misdemeanor. Any person who
uses any part of the gross receipts from bingo or raffles for any
purpose other than the lawful religious, charitable, community,
or educational purposes for which the organization is specifi-
cally organized, except for reasonable operating expenses, shall
be guilty of a Class 6 felony.
THIS APPLICATION I FOR: (check one)
.,r__ ,S e e flTn'�k. �a
RAFFLE PERMIT✓< s�
sem ;�" d4 --'y S
BINGO GAMES
Name of Organization ' Kn_1)c,kt 0I�Jz cid
Street Address
Mailing Addressjam•y 52 �-%�� � V' Z 415--?
City, State, Zip Code
Purpose and Type of organization 2�
When was the organization founded? / q,Y�
1
Roanoke County meeting place? moose k4o/h$e—
Has organization been in existence in Roanoke County for two con-
tinuous years? YES ✓ NO
Is the organization non-profit? YES ✓ NO
Indicate Federal Identification Number # _S -V� 9'7�`tJ—)
Attach copy of IRS Tax Exemption letter.
Officers of the organization: y�
President: (�'L)Vb✓�-�yAyIfP,36NVice-President
Address: 059 T'6rfi Xay Pb Address:
Secretary: P,4id ' 012rWPrn_-4c_ Treasurer: 75a�f L51 b��
Address: 1"510 • j.3P Address: -N bbt s CpDsSJwt 4
Member authorized to be resoonsible for Raffle or Bingo opera-
tions:
Name _Pig l) L _S - h) k% -77 E>91 L L
Home Address
Phone _'>0`/ — 7) 7Z.Bus . Phone 4 3 7
A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBER-
SHIP MUST BE FURNISHED WITH THIS APPLICATION.
Specific location where Raffle or Bingo Game is to be conducted.
SF E
471-r , ,:"
RAFFLES: Date of Drawing-�r.'Frr Time of Drawing
BINGO: Days of Week & Hours of Activity:
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
From
To
From
To
From
To
From
To
From
To
From
To
From
To
2
State specifically how the proceeds from the Bingo/Raffle will be
( used. List in detail the planned or intended use of the proceeds.
Use estimates amounts if necessary.
U C
3
BINGO: Complete the following:
Legal owner(s) of the building where BINGO is to be conducted:
Name: 4o ✓ 40 �1
Address:
County,"4- _ State VQ zip o2 ISS
Is the building owned by a 501-C non-profit organization? �
Seating capacity for each location: '700
Parking spaces for each location:
Ivo
ALL RAFFLE AND BINGO APPLICANTS MUST ANSWER QUESTIONS 1 - 19
1. Gross receipts from all sburces related to the operation of
Bingo games or Instant Bingo by calendar quarter for prior calen-
dar year period.
BINGO INSTANT BINGO
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
Total
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
Total
2. Does your organization understand that it is a violation of
law to enter into a contract with any person or firm, associa-
tion, organization, partnership, or corporation of any classifica-
tion whatsoever, for the purpose of organizing, managing, or con-
ducting Bingo Games or Raffles?
3. Does your organization understand that it must maintain and
file complete records of receipts and disbursements pertaining to
Bingo games and Raffles, and that such records are subject to
audit by the Commissioner of the Revenue?
4. Does your organization understand that the Commissioner of
the Revenue or his designee has the right to go upon the premises
on which any organization is conducting a Bingo game or raffle,
to perform unannounced audits, and to secure for audit all re-
cords required to be maintained for Bingo games or raffles?
4
5. Does your organization understand that a Financial Report
must be filed with the Commissioner of the Revenue on or before
the first day of November of each calendar year for which a per-
mit has been issuod?
6. Does your organization understand that if gross receipts ex-
ceed fifty thousand dollars during any calendar quarter, an addi-
tional Financial Report must be filed for such quarter no later
than sixty days following the last day of such quarter?
7. Does your organization understand that the failure to file
financial reports when due shall cause automatic revocation of
the permit, and no such organization shall conduct any Bingo game
or raffle thereafter until such report is properly filed and a
new permit is obtained? _
8. Does your organization understand that each Financial Report
must be accompanied by a Certificate, verified under oath by the
Board of Directors, that the proceeds of any Bingo game or raffle
have been used for these lawful, religious, charitable, commu-
nity, or educational purposes for which the organization is spe-
cifically chartered or organized, and that the operation of Bingo
games or raffles have been in accordance with the provisions of
Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia ?P
9. Does your organization understand that a one percent audit
fee of the gross receipts must be paid to the County of Roanoke
upon submission of the annual financial report due on or before
the first of November? Gf
10. Does your organization understand that this permit is valid
only in the County of Roanoke and only at such locations, and for
such dates, as are designated in the permit application?_
11. Does your organization understand that no person, except a
bona fide member of any such organization who shall have been a
member of such organization for at least ninety days prior to
such participation, shall participate in the management, opera-
tion, or conduct of any bingo game or raffle, and no person
shall receive any remuneration for participating in management,
operation, or conduct of any such game or raffle? l.,e'o
12. Has your organization attached a -check for the annual permit
fee in the amount of $25.00 payable to the County of Roanoke,
Virginia?
13. Does your organization understand that any organization found
in violation of the County Bingo and Raffle Ordinance or §18.2-
340.10 of the Code of Virginia authorizing this permit is subject
to having such permit revoked and any person, shareholder, agent,
member or employee of such organization who violates the above to
having such permit revoked and any person, shareholder, agent,
member or employee of such organization who violates the above
referenced Codes may be guilty of a felony? yLzf
5
14. Has your organization attached a complete list of its member-
ship to this application form? D .4) �l%e.-
15. Has your organization attached a copy of its bylaws to this
application form? r, i1 �/t/
16. Has the organization been declared exempt from property taxa-
tion under the Virginia Constitution or statutes? 59i
If yes, state whether exemption is for real, pens nal property,
or both and identify exempt property. apt FJ rrg/7-
3---73
t3z-73 (" �-A 11 b sa-
17. State the specific type anA ,pffur/pose the// organization.
F.ea --" a/ --1 )0 a/ r 4'4 r - COL Y '. T,04 ,1C ----
18. Is this organization incorporated in Virginia?Ues
If yes, n mel and address/of Registered Agent:
O
19. Is the organization registered with the Virginia Department
of Agriculture and Consumer Affairs pursuant to the Charitable
Solicitations Act, Section 57-48 of the Virginia Code? ,Ud
(If so, attach copy of registration.)
Has the organization been granted an exemption from registration
by the Virginia Department of Agriculture and Consumer Affairs?
/ti0 (If so, attach copy of exemption.)
ALL RAFFLE APPLICANTS DESCRIBE THE ARTICLES TO BE RAFFLED,
VALUE OF SUCH ARTICLES, AND PROCEED TO NOTARIZATION.
Article Description Fair Market Value
C.1
ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE
NOTARIZATION
RAFFLE APPLICANTS, GO TO NOTARIZATION.
20. Does your organization understand that the bingo games shall
not be conducted more frequently than two calendar days in any
calendar week?
21. Does your organization understand that it is required to keep
complete records of the bingo game. These records based on §18.2-
340.6 of the Code of Virginia and §4.98 of Roanoke County Code
must include the following:
a. A record of the date, quantity, and card value of instant
bingo supplies purchased, as well as the name and address of
the supplier of such instant bingo supplies, and written
invoice or receipt is also required for each purchase of in-
stant bingo supplies?
b. A record in writing
the number of people
amount of receipts
(These records must b
eof the dates on which Bingo
in attendance on each date,
and prizes on each day?
retained for three years.)
is played,
and the
C. A record of the name and address of each individual to whom a
door prize, regular or special Bingo game prize or jackpot
from the playing of Bingo is awarded?
d. A complete and itemized record of all receipts and disburse-
ments which support, and that agree with, the quarterly and
annual reports required to be filed, and that these records
must be maintained in reasonable order to permit audit?
22. Does your organization understand that instant Bingo may only
be conducted at such time as regular Bingo game is in progress,
and only at such locations and at such times as are specified in
this application?
23. Does your organization understand that the gross receipts in
the course of a reporting year from the playing of instant Bingo
may not exceed 33 1/3% of the gross receipts of an organization's
Bingo operation?
24. Does your organization understand it may not sell an instant
Bingo card to an individual below sixteen years of age?
25. Does your organization understand that an organization whose
gross receipts from all bingo operations that exceed or are ex-
pected to exceed $75,000 in any calendar year shall have been
granted tax-exempt status pursuant to Section 501 C of the United
States Internal Revenue Service?
(Certificate must be attached.)
7
26. Does vour organization understand that a Certificate of Occu-
pancy must be obtained or be on file which authorizes this use at
the proposed location?
27. Does your organization understand that awards or prize money
or merchandise valued in excess of the following amounts are
illegal?
a. No door prize shall exceed twenty-five dollars.
b. No regular Bingo or special Bingo game shall exceed One Hund-
red dollars.
c. No jackpot of any nature whatsoever shall exceed One Thousand
Dollars, nor shall the total amount of jackpot prizes awarded
in any one calendar day exceed One Thousand Dollars.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL
APPLICANTS
I hereby swear or affirm under the penalties of perjury as set
forth in §18.2 of the Code of Virginia, that all of the above
statements are true to the best of my knowledge, information, and
beliefs. A1.1 questions have been answered.
Signed,, -15y:
Na
`I)O Jh/
tle
Subscribed and sworn before me, this day of
My commission expires:
19
RETURN THIS COMPLETED APPLICATION TO:
Home Address
Notary Public
COMMISSIONER OF THE REVENUE
P.O. Box 20409
Roanoke, VA 24018-0513
0
19
NOT VALID UNLESS COUNTERSIGNED
The above application, having been found in due form, is approved
and issued to the applicant to have effect until December 31st of
this calendar year.
Date Commis ioner ofhe Reve
The above application is not approved.
Date Commissioner of the Revenue
9
ACTION NO.
A -92590-8.d
ITEM NUMBER `J
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 25, 1990
AGENDA ITEM: Request for approval of a Raffle Permit from Mason's
Cove Elementary School PTA
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Mason's Cove Elementary School PTA has requested a Raffle
Permit for a raffle to be held in Roanoke County on October 20,
1990. This application has been reviewed with the Commissioner of
Revenue and he recommends that it be approved.
The organization has paid the $25.00 fee.
STAFF RECOMMENDATION:
It is recommended that the application for a Raffle Permit be
approved.
SUBMITTED BY: APPROVED BY:
M )�--�- cl-°C �—
Mary H. Allen Elmer C. Hodge
Clerk to the Board County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Harry C. Nickens No Yes Abs
Denied ( ) Eddy x
Received ( ) Johnson x
Referred ( ) McGraw x
To ( ) Nickens x
Robers x _
cc: File
Bingo/ Raffle File
COUNTY OF ROANOKE, VIRGINIA
COMMISSIONER OF THE REVENUE
APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO
Application is hereby made for a bingo game or raffle permit.
This application is made subject to all County and State laws,
ordinances, rules, and regulations now in force, or that may be
enacted hereafter and which are hereby agreed to by the under-
signed applicant and which shall be deemed a condition under
which this permit is issued.
All applicants should exercise extreme care to ensure the accura-
cy of their responses to the following questions. Bingo games
and raffles are strictly regulated by Title 18.2-340.1 et. seg.
of the criminal statutes of the Virginia Code, and by Section
4-86 et. sec.. of the Roanoke.County Code. These laws authorize
the County Board of Supervisors to conduct a reasonable investiga-
tion prior to granting a bingo or raffle permit. The Board has
sixty days from the filing of an application to grant or deny the
permit. The Board may deny, suspend, or revoke the permit of any
organization found not to be in strict compliance with county and
state law.
Any person violating county or state regulations concerning these
permits shall be guilty of a Class 1 misdemeanor. Any person who
uses any part of the gross receipts from bingo or raffles for any
purpose other than the lawful religious, charitable, community,
or educational purposes for which the organization is specifi-
cally organized, except for reasonable operating expenses, shall
be guilty of a Class 6 felony.
THIS APPLICATION IS FOR: (check one)
RAFFLE PERMIT �� BINGO GAMES
Name of organization M_SC>N�S C; -,,,j E E L -EM lc;QJ.oal. PTA
Street Address "E"t
Mailing Address cR-MF AS bZG0 'tel
City, State, Zip Code -2-'-i11, 3 p,
Purpose and Type of OrganizationU \ own\ (�o,r�,k Temic �� t�SS`n•
When was the organization founded? ICN6 5
Roanoke County meeting place? MA5o(yS C-ouP►-e-rA. 5U"t'zA
Has organization been in existence in Roanoke County for two con-
tinuous years? YES_ NO
Is the organization non-profit? YES_ NO
Indicate Federal Identification Number # '5y k\_2 '1 13 $
Attach copy of IRS Tax Exemption letter.
Officers of the Organization:
President: MeqQ� �Y ��� nl Vice -President (_jn]�p� S(.(�yG6s
Address: 7,�Rt i EAC) SEkAW CSD. Address:
Secretary: MF --Pi &oW LA-rJD Treasurer: cj FZ-i1S Ay F25
Address: 73�t (� �S A AI g Address: -50 3 ' � Q),(LflDS l -A ,I iD
11M,.► WIMMINSM =kill
Member authorized to be resoonsible for Raffle or Bingo opera-
tions:
-
Home Address r7553k GRADS�RA1,.1
Phone L-3 21 Bus. Phone —
A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBER-
SHIP MUST BE FURNISHED WITH THIS APPLICATION.
Specific location where Raffle or Bingo Game is to be conducted.
fy\Po Co ',-'F- E%-� • S C-ttn c 1- L_
33`lL:;, Q F-A05�A N� o - , s A--c�.N,,� V ';Z X53
RAFFLES: Date of Drawing p C:71- . :�,o ,) Time of Drawing
k"o
BINGO: Days of Week & Hours of Activity:
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
From
To
From
To
From
To
From
To
From
To
From
To
From
To
State specifically how the oroceeds from the Bingo/Raffle will be
used. List in detail the planned or intended use of the proceeds.
Use estimates amounts if necessary.
Junn/I e, re A111
3
J
f
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c oc�5 �r
t-�e �jca�,
Gr� CEJ
Junn/I e, re A111
3
BINGO: Complete the following:
Legal owner(s) of the building where BINGO is to be conducted:
Name:
Address:
County State zip
Is the building owned by a 501-C non-profit organization?
Seating capacity for each location:
Parking spaces for each location:
ALL RAFFLE AND BINGO APPLICANTS MUST ANSWER QUESTIONS 1 - 19
1. Gross receipts from all sources related to the operation of
Bingo games or Instant Bingo by calendar quarter for prior calen-
dar year period.
BINGO INSTANT BINGO
1st Quarter
2nd Quarter
3rd Quarter
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter 4th Quarter
Total onto Total
2. Does your organization understand that it is a violation of
law to enter into a contract with .any person or firm, associa-
tion, organization, partnership, or corporation of any classifica-
tion whatsoever, for the purpose of organizing, managing, or con-
ducting Bingo Games or Raffles? I v':5
3. Does your organization understand that it must maintain and
file complete records of receipts and disbursements pertaining to
Bingo games and Raffles, and that such records are subject to
audit by the Commissioner of the Revenue?.S
4. Does your organization understand that the Commissioner of
the Revenue or his designee has the right to go upon the premises
on which any organization is conducting a Bingo game or raffle,
to perform unannounced audits, and to secure for audit all re-
cords required to be maintained for Bingo games or raffles?
y �5
4
5. Does your organization understand that a Financial Report
must be filed with the Commissioner of the Revenue on or before
the first day of November of each calendar year for which a per-
mit has been issued? I C 5
6. Does your organization understand that if gross receipts ex-
ceed fifty thousand dollars during any calendar quarter, an addi-
tional Financial Report must be filed for such quarter no later
than sixty days following the last day of such quarter?
7. Does your organization understand that the failure to file
financial reports when due shall cause automatic revocation of
the permit, and no such organization shall conduct any Bingo game
or raffle thereafter until such report is properly filed and a
new permit is obtained? J S49
8. Does your organization understand that each Financial Report
must be accompanied by a Certificate, verified under oath by the
Board of Directors, that the proceeds of any Bingo game or raffle
have been used for these lawful, religious, charitable, commu-
nity, or educational purposes for which the organization is spe-
cifically chartered or organized, and that the operation of Bingo
games or raffles have been in accordance with the provisions of
Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia?�
9. Does your organization understand that a one percent audit
fee of the gross receipts must be paid to the County of Roanoke
upon submission of the annual financial report due on or before
the first of November? US
10. Does your organization understand that this permit is valid
only in the County of Roanoke and only at such locations, and for
such dates, as are designated in the permit application? y E5
11. Does your organization understand that no person, except a
bona fide member of any such organization who shall have been a
member of such organization for at least ninety days prior to
such participation, shall participate in the management, opera-
tion, or conduct of any bingo game or raffle, and no person
shall receive any remuneration for participating in management,
operation, or conduct of any such game or raffle? J F5
12. Has your organization attached a check for the annual permit
fee in the amount of $25.00 payable to the County of Roanoke,
Virginia? � F1S
13. Does your organization understand that any organization found
in violation of the County Bingo and Raffle Ordinance or §18.2-
340.10 of the Code of Virginia authorizing this permit is subject
to having such permit revoked and any person, shareholder, agent,
member or employee of such organization who violates the above to
having such permit revoked and any person, shareholder, agent,
member or employee of such organization who violates the above
referenced Codes may be guilty of a felony? \ �-5
5
14. Has your organization attached a complete list of its member-
ship to this application form? On !E,le
15. Has your organization attached a copy of its bylaws to this
application Form? �.5
16. Has the organization been declared
tion under the Virginia Constitution or
If yes, state whether exemption is for
or both and identify exempt property._
exempt from property taxa -
statutes? ( Jo►,;e- Gtr=nJ�o
real, personal property,
17. State the specific type and purpose of the organization.
I -C-
18. Is this organization incorporated in Virginia? y GS
If yes, name and address of Registered Agent:
19. Is the organization registered with the Virginia Department
of Agriculture and Consumer Affairs pursuant to the Charitable
Solicitations Act, Section 57-48 of the Virginia Code? 6[c)
(If so, attach copy of registration.)
Has the organization been granted an exemption from registration
by the Virginia Department of Agriculture and Consumer Affairs?
Wo (If so, attach copy of exemption.)
ALL RAFFLE APPLICANTS DESCRIBE THE ARTICLES TO BE RAFFLED,
VALUE OF SUCH ARTICLES, AND PROCEED TO NOTARIZATION.
Article Description
Fair Market Value
ci ; n,-, e �''r, r'-S+Ckv r21,V-%J-5
L �rki -� cs� i-� 5 �^�' f- �M e,rz % c:v S 4e
5 ` P-�j �J �1 fxri� —c--15 �
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ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE
NOTARIZATION
RAFFLE APPLICANTS, GO TO NOTARIZATION.
20. Does your organization understand that the bingo games shall
not be conducted more frequently than two calendar days in any
calendar week?
21. Does your organization understand that it is required to keep
complete records of the bingo game. These records based on §18.2-
340.6 of the Code of Virginia and §4.98 of Roanoke County Code
must include the following:
a. A record of the date, quantity, and card value of instant
bingo supplies purchased, as well as the name and address of
the supplier of such instant bingo supplies, and written
invoice or receipt is also required for each purchase of in-
stant bingo supplies?
b. A record in writing of the dates on which Bingo is played,
the number of people in attendance on each date, and the
amount of receipts and prizes on each day?
(These records must be retained for three years.)
c. A record of the name and address of each individual to whom a
door prize, regular or special Bingo game prize or jackpot
from the playing of Bingo is awarded?
d. A complete and itemized record of all receipts and disburse-
ments which support, and that agree with, the quarterly and
annual reports required to be filed, and that these records
must be maintained in reasonable order to permit audit?
22. Does your organization
be conducted at such time as
and only at such locations
this application?
understand that instant Bingo may only
regular Bingo game is in progress,
and at such times as are specified in
23. Does your organization understand that the gross receipts in
the course of a reporting year from the playing of instant Bingo
may not exceed 33 1/3% of the gross receipts of an organization's
Bingo operation?
24. Does your organization understand it may not sell an instant
Bingo card to an individual below sixteen years of age?
25. Does your organization understand that an organization whose
gross receipts from all bingo operations that exceed or are ex-
pected to exceed $75,000 in any calendar year shall have been
granted tax-exempt status pursuant to Section 501 C of the United
States Internal Revenue Service?
(Certificate must be attached.)
7
26. Does vour organization understand that a Certificate of Occu-
pancy must be obtained or be on file which authorizes this use at
the proposed location?
27. Does your organization understand that awards or Drize money
or merchandise valued in excess of the following amounts are
illegal?
a. No door prize shall exceed twenty-five dollars.
b. No regular Bingo or special Bingo game shall exceed One Hund-
red dollars.
c. No jackpot of any nature whatsoever shall exceed One Thousand
Dollars, nor shall the total amount of jackpot prizes awarded
in any one calendar day exceed One Thousand Dollars.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL
APPLICANTS
I hereby swear or affirm under the penalties of perjury as set
forth in §18.2 of the Code of Virginia, that all of the above
statements are true to the best of my knowledge, information, and
beliefs. All questions have been answered.
Signed by:
0"/VC- -4 U, _f ' C' \J 'STA
Na#e Title �- of Home Address
Subscribed and sworn before me, this day of 19� a
My commission expires:
19
Notary Public
RETURN THIS COMPLETED APPLICATION TO:
COMMISSIONER OF THE REVENUE
P.O. Box 20409
Roanoke, VA 24018-0513
C
NOT VALID UNLESS COUNTERSIGNED
The above application, having been found in due form, is approved
and issued to the applicant to have effect until December 31st of
this calendar year.
XI
Date Commissioner of a Revenue
The above application is not approved.
Date Commissioner of the Revenue
9
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, SEPTEMBER 25, 1990
RESOLUTION 92590-9 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that, to
the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies, and
2. Only such public business matters as were identified
in the motion convening the executive meeting were heard, discussed
or considered by the Board of Supervisors of Roanoke County,
Virginia.
On motion of Supervisor McGraw to adopt resolution,
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
Brenda J. Hol on, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Executive Session File
qq0-1
ACTION NO. A-92590-10
ITEM NUMBER 990-1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 25, 1990
AGENDA ITEM: Public Hearing on County Participation in the
Hotel Roanoke/Conference Center Project
COUNTY ADMINISTRATOR'S COMMENTS:
This time has been scheduled for a public hearing on the County's
proposed participation in the construction of a new Hotel Roanoke
Conference Center. Minnis Ridenour and Raymond Smoot will be at
the public hearing representing Virginia Tech. They will make a
brief presentation on the scope of the project. Martha Mackey, of
the Roanoke Valley Convention and Visitors Bureau will also be
present. Following their remarks and input from citizens and the
Board, staff is prepared to make a recommendation.
BACKGROUND:
In 1989, the Norfolk Southern Corporation deeded the 100 year old
Hotel Roanoke to the Virginia Tech Real Estate Foundation, Inc.
The Foundation and the City of Roanoke recently agreed to begin
construction of a conference center and to seek a developer to
renovate the Hotel Roanoke. Roanoke County has also been asked to
participate in the project. The City and Virginia Tech plan to go
forward with a smaller project if Roanoke County chooses not to
participate.
SUMMARY OF INFORMATION
The Foundation plans to seek Requests for Proposals to renovate and
construct new facilities at the Hotel Roanoke. Plans call for the
preservation of the existing public areas as well as the historic
front marquee.
Virginia Tech and the City of Roanoke will construct a new
conference center with meeting rooms and ballrooms in conjunction
with the renovation of the hotel. The estimated cost of the
proposed conference center is $12 million dollars. Virginia Tech
plans to market the conference center by expanding its continuing
education and conference programs. into the Roanoke Valley,
1
i
encouraging scientific and academic associations to schedule
conferences and seminars at the ne,4 hotel -conference center and
sponsoring arts and cultural entertainment at the complex.
Roanoke County has been asked by Virginia Tech to participate in
the $12 million project. This is the first time Virginia Tech has
asked for assistance from the County. Without the County's
participation, the conference center will be scaled down to an $8
million facility. Although the Hotel/Conference Center will be
located in Roanoke City, the County would benefit in many ways.
We can take pride in our willingness to support a regional effort
and preserving a historical landmark. Roanoke County will also
benefit in the following more tangible ways from the additional
tourism and visitors it will generate.
-- Commitment from VPI&SU to become a partner in the Roanoke
Valley by locating some of its facilities in the
community.
-- Increased revenues to County businesses such as motels,
restaurants, gas stations, food service industries and
shopping centers.
-- Increased tax revenues such as meal taxes and sales taxes
from visitors and tourists who will shop and eat in
Roanoke County.
-- Potential future economic development growth in the
County from the increase in conventions and conferences.
Business and industrial conventions held in Roanoke will
expose many leaders to our excellent labor force, low
cost of living, excellent schools and scenic beauty. Our
quality of life can sell the valley, and thus Roanoke
County where the majority of undeveloped land is located.
-- Greater visibility and name recognition for the Roanoke
Valley.
Attached is a summary of the benefits of tourism to Roanoke County
prepared by the Roanoke Valley Convention and Visitors Bureau.
FISCAL IMPACT:
Several proposals have been discussed regarding the extent of the
County's financial participation in this project. Some have
suggested an outright donation. Another suggestion has been a plan
to allow the County to participate to the extent of $200,000
annually for twenty years. There has been some discussion
regarding an equal partnership role, which would require the County
to share in operating deficits if they occur.
KO
910-1
There seems to be general agreement that the County should
participate if there is an opportunity to share in the profits as
well. The task of the staff at this time is to research and
negotiate a means whereby the County has the potential of financial
benefit.
STAFF RECOMMENDATION:
Because of the significance of the Virginia Tech presence in the
Roanoke Valley, and because of the economic benefits, I hope that
we can find some way for Roanoke County to participate in this
project. The State of Virginia benefits from its proximity to
major highways and ports, and to the Nation's capital. Roanoke
County also benefits from its closeness to Virginia Tech and the
historic Hotel Roanoke. I therefore recommend that the Board allow
staff the opportunity to factor in the suggestions of the citizens
and board members presented here tonight and allow us time to meet
again with Virginia Tech and the City of Roanoke to develop
suitable alternatives which can be brought back to the Board at its
October 23rd meeting.
u�✓
Elmer C. Hod e
County Administrator
----------------------------------------------------------------
Approved ( )9
Denied ( )
Received ( )
Referred ( )
To ( )
cc: File
ACTION
Motion by: Richard W. Robers
to approve staff recommendation
3
VOTE
No Yes Abs
Eddy X
Johnson X
McGraw X
Nickens X
Robers X
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, SEPTEMBER 25, 1990
DENIAL OF ORDINANCE 92590-11 AN EXISTING
PLANNED UNIT DEVELOPMENT ON A 2 ACRE TRACT OF
REAL ESTATE LOCATED SOUTH OF KELLY LANE IN THE
CAVE SPRING MAGISTERIAL DISTRICT UPON THE
APPLICATION OF J. ALLISON ASSOCIATES
WHEREAS, the first reading of this ordinance was held on
August 14, 1990, and the second reading and public hearing was held
on September 25, 1990; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on August 7, 1990; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
DENIED on motion of Supervisor Robers, and carried by the
following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
26�0'&Q "'./ -
Brenda J. Holton, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Development & Inspections
Terry Harrington, Director, Planning & Zoning
John Willey, Director, Real Estate Assessment
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, SEPTEMBER 25, 1990
ORDINANCE 92590-12 AUTHORIZING A USE -NOT -
PROVIDED -FOR PERMIT TO CONSTRUCT A MICROWAVE
TOWER LOCATED AT 5673 AIRPORT ROAD IN THE
HOLLINS MAGISTERIAL DISTRICT UPON THE
APPLICATION OF DOMINION BANKSHARES
WHEREAS, the first reading of this ordinance was held on
August 28, 1990, and the second reading and public hearing was held
September 25, 1990; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on September 4, 1990; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That a use -not -provided -for permit for a certain tract
of real estate containing 8.461 acres, as described herein, and
located at 5673 Airport Road, (Tax Map Number 38.14-1-4) in the
Hollins Magisterial District, is hereby authorized. This permit
approves the construction of a microwave tower subject to the
conditions contained in the application and supporting documents.
2. That this action is taken upon the application of
Dominion Bankshares Corporation.
3. That said real estate is more fully described as follows:
BEGINNING at an old pipe on the northeasterly
side of Airport Road (25 feet from the center)
at the extreme southerly corner of property of
Blue Ridge Memorial Gardens (DB 700, Page
105); thence with the southerly line of said
tract N. 68 deg. 15' 50" E. 150.16 feet to an
old pipe; thence with the northeasterly line
of the Blue Ridge Memorial Gardens property
and the line of M. T. Fidler property N. 88
deg. 20' 14" W. 120.09 feet to an old pin on
line of property of Blue Ridge Memorial
Gardens; then with line of same N. 68 deg. 24'
14" E. 151.29 feet to an old pipe; thence N 38
degs. 14' 41" W. 104.36 feet to an old iron
pin corner to property of Blue Ridge Memorial
Gardens; thence still with line of same N. 68
deg. 25' 12" E. 470.04 feet to an old pin;
thence with a new division line through the
Patrick property S. 31 deg. 44' 27" E. 478.20
feet to an iron pin; thence with another new
line through the Patrick property and 50'
distance from and parallel to the line of C&P
Telephone Company property (DB 1011, Page 217)
S. 52 deg. 45' W. 661.42 feet to an iron pin;
thence with the arc of a circle to the right
whose radius is 25.00 feet, whose chord is N.
82 deg. 40' 45" W. 35.90 feet, an arc distance
of 38.90 feet to a point on the northeasterly
side of Airport Road (25 feet from the
center) ; thence with line of same N. 38 deg.
06' 30" W. 434.95 feet to the BEGINNING and
containing 8.461 acres and being as shown on
map made by T. P. Parker & Son, Engineers and
Surveyors, dated January 23, 1979.
4. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts
of ordinances in conflict with the provisions of this ordinance be,
and the same hereby are, repealed.
On substitute motion of Supervisor Nickens to approve use as
requested with understanding that documents from FAA be a part of
the permit and attest to no problems with height of tower, and
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
Brenda J. Ho ton, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Arnold Covey, Director, Development & Inspections
Terry Harrington, Director, Planning & Zoning
John Willey, Director, Real Estate Assessment
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, SEPTEMBER 25, 1990
ORDINANCE 92590-13 REPEALING ORDINANCE NO. 81490-61 WHICH
IMPOSED OR INCREASED USER FEES FOR THE PARRS AND
RECREATION DEPARTMENT, AND ENACTING AN ORDINANCE TO
AUTHORIZE THE ESTABLISHMENT OF CERTAIN FEES FOR SAID
DEPARTMENT
WHEREAS, on August 14, 1990 the Board of Supervisors of
Roanoke County, Virginia, adopted Ordinance 81490-6 which
authorized the imposition of user fees for the Parks and Recreation
Department; and,
WHEREAS, on August 28, 1990, the Board voted to reconsider
this action and to repeal said ordinance; and,
WHEREAS, the Board hereby adopts an ordinance to authorize the
establishment of certain fees for certain recreational activities,
and to appropriate from the general fund sufficient resources to
defray the costs and expenses of these activities; and,
WHEREAS, the first reading of this ordinance was held on
September 12, 1990, and the second reading of this ordinance was
held on September 25, 1990.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That Ordinance No. 81490-6 is hereby repealed in its
entirety.
2. That the Director of the Roanoke County Department of
Parks and Recreation is hereby authorized to establish fees for
parks and recreation services and activities, subject to the
approval of the County Administrator, and subject to the following
1
standards:
a. Definitions:
Indirect costs include the general fund appropriation for
each of the cost centers associated with the recreation area based
on the previous fiscal year budget, plus the allocation of the
central administrative costs for the Department of Parks and
Recreation, and in the case of athletics, the share of the
ballfield maintenance, which is provided by the Parks Division of
the Department.
Direct costs relate to the specific costs of instructors
and associated supplies. The registration fee is proposed to be
established at $5 per participant, per activity and the membership
fee is proposed to be $10 annually for senior citizens, in lieu of
a registration fee.
b. Standards•
The standards are as follows:
i. For youth athletics the general fund of the
County shall subsidize all direct and indirect costs of these
activities. For fiscal year 1990-91 the amount of this subsidy
shall be $32,075.
ii. For community education and leisure arts the
fee shall be based upon a $5 registration fee, per participant,
plus 25% of the indirect cost, plus 100% of the direct cost. In
any of the programs offered by these divisions primarily for youth
under 18 years of age, there shall be no $5 per participant
registration fee.
2
iii. For special events the fee shall be based upon
a recovery of 40% of the indirect cost and 100% of the direct cost.
iv. For therapeutics the fee shall be based upon
a recovery of 20% of the direct cost.
V. For senior citizens the fee shall be based upon
a $10 membership fee, plus 100% of direct cost associated with the
program.
vi. For adult athletics the fee shall be based upon
100% of the direct cost. The general fund of the County shall
subsidize the balance of the costs for this activity. For fiscal
year 1990-91 the amount of this subsidy shall be $42,467.
vii. For outdoor adventure the fee shall be based
upon 100% of the direct cost. The general fund of the County shall
subsidize the balance of the costs for this activity. For fiscal
year 1990-91 the amount of this subsidy shall be $10,879.
3. That the Director shall develop guidelines for the waiver
or reduction of fees based upon demonstrable hardship and inability
to pay and shall implement related policies.
4. That the effective date of this ordinance shall be
September 25, 1990.
On motion of Supervisor Johnson to adopt ordinance, and
carried by the following recorded vote:
AYES: Supervisors McGraw, Johnson, Nickens, Robers
NAYS: Supervisor Eddy
A COPY TESTE:
3
cc:
File
John
Steve
Reta
Diane
/ �L iL �i Vim- L I ✓ ' v
Brenda J. Holt n, Deputy Clerk
Roanoke County Board of Supervisors
Chambliss, Assistant County
Carpenter, Director, Parks
Busher, Director, Management
Hyatt, Director, Finance
4
Administrator
& Recreation
& Budget
i
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON WEDNESDAY, SEPTEMBER 25, 1990
ORDINANCE 92590-14 AMENDING AND REENACTING
SECTION 21-153, SECTION 21-157, SECTION 21-
159, SECTION 21-160, SECTION 21-162 and SECTION
21-163, OF ARTICLE VIII, TAX ON PREPARED FOOD
AND BEVERAGES, OF CHAPTER 21 OF THE ROANOKE
COUNTY CODE, TAXATION, TO INCREASE THE CRIMINAL
PENALTIES FOR FAILURE TO FILE THE REQUIRED
RETURNS OR TO COLLECT OR PAY THE TAX IMPOSED
BY THIS ARTICLE.
WHEREAS, the Board of Supervisors of Roanoke County, Virginia,
by ordinance 51088-8 adopted a tax on prepared food and beverages
as authorized by § 58.1-3833 of the Code of Virginia, 1950, as
amended; and
WHEREAS, § 58.1-3916.1 authorizes a local governing body to
impose criminal penalties for refusal or willful failure to file
a tax return or for making false statements with the intent to
defraud in such returns; and
WHEREAS, since the effective date of this ordinance there have
been numerous prosecutions of businesses for failure to collect or
pay to the Treasurer of Roanoke County the tax levied upon prepared
food and beverages under Article VIII of Chapter 21 of the Roanoke
County Code; and
WHEREAS, the lack of stronger criminal penalties has caused
difficulty for the Office of the Commonwealth's Attorney of Roanoke
County and the Office of the Treasurer of Roanoke County in
collecting these taxes where the amount of such defalcation is
substantial; and
WHEREAS, the first reading of this ordinance was held on
September 11, 1990, and the second reading was held on September
25, 1990.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That Article VIII, TAX ON PREPARED FOOD AND BEVERAGES, of
Chapter 21, TAXATION, of the Roanoke County Code, is hereby amended
and reenacted by amending Section 21-153, Section 21-157, Section
21-159, Section 21-160, Section 21-162, and Section 21-163 to read
and provide as follows:
Section 21-153. Returns Re -and remittances generally.
Every seller of food with respect to which a tax is
levied under this article shall make out a return repert, upon
such forms and setting forth such information as the
Commissioner of the Revenue may prescribe and require, showing
the amount of food charges collected and the tax required to
be collected, and shall sign and deliver such return repent
to the eeunty Treasurer of Roanoke County with a remittance
of such tax. Such return repels and remittance shall be made
on or before the twentieth day of each month, covering the
amount of tax collected during the preceding month.
Section 21-157. Duty of seller when going out of business.
Whenever any seller required to collect and a-ny pay to
the County a tax under this Article"�rrtiele shall cease to
operate or otherwise dispose of his business, any tax payable
under this article shall become immediately due and payable
and such person shall immediately make a return repent and pay
the tax due.
Section 21-159. Enforcement; duty of Commissioner of the
Revenue.
The Commissioner of the Revenue shall promulgate rules
and regulations for the interpretation, administration and
enforcement of this article. It shall also be the duty of the
Commissioner of the Revenue to ascertain the name of every
seller liable for the collection of the tax imposed by this
article, who fails, refuses or neglects to collect such tax
or to make the returns mss— and remittances required by
this ArticleartielG. The Commissioner of the Revenue shall
have all of the enforcement powers as authorized by Article
1, Chapter 31 of Title 58.1 of the Code of Virginia, 1950, as
amended, for purposes of this Article.
Section 21-160. Procedure upon failure to collect report
etc.
If any seller, whose duty it is to do so shall fail or
refuse to collect the tax imposed under this Article artiele
and to make within the time provided in this Article aerie,
the returns reperts and remittances mentioned in this Article
..tee, the Commissioner of the Revenue shall proceed in such
manner as he may deem best to obtain facts and information on
which to base his estimate of the tax due. As soon as the
Commissioner of the Revenue shall procure such facts and
information as he is able to obtain upon which to base the
assessment of any tax payable by any seller who has failed or
refused to collect such tax and to make such return repel and
remittance, he shall proceed to determine and assess against
such seller the tax and penalties provided for by this Article
rtiele and shall notify such seller, by registered mail sent
to his last known place of address, of the total amount of
such tax and penalties and the total amount thereof shall be
payable within ten (10) days from the date such notice is
sent.
Section 21-162. Penalty of late remittance or false return
(a) If any seller whose duty it is to do so shall fail
or refuse to file any return report required by this Article
ai or to remit to the Gain Treasurer of Roanoke County
the tax require to be collected and paid under this Article
arti within the time and in the amount specified in this
Article aztiele, there shall be added to such tax by the
Commissioner of the Revenue eeunty Treasurer of Roanoke
County a penalty in the amount of ten (10) percent if the
failure is not for more than thirty (30) days, with an
additional ten (10) percent of the total amount of tax owed
for each additional thirty (30) days or fraction thereof
during which the failure continues, not to exceed twenty-five
(25) percent in the aggregate, with a minimum penalty of two
dollars ($2.00).
(b) In the case of a false or fraudulent return with
intent to defraud the County of any tax due under this Article
artizi2, a penaltyof fifty y (50) percent of the tax shall be
assessed against the person required to collect such tax.
Section 21-163. Violations of article.
(a) It shall be unlawful and a violation of this Chapter
for any person to fail refuse or neglect to comply with any
Provision of this Article Such violation shall constitute (i)
a Class 3 misdemeanor if the amount of tax levied or assessed
in connection with any return required by this Article but
unpaid as of the date of conviction is $1,000.00 or less or
(ii) a Class 1 misdemeanor if the amount of tax levied or
assessed in connection with any return required by this
Article but unpaid as of the date of conviction is more than
$1,000.00.
jb1 Conviction of such violation shall not relieve any
person from the payment, collection or remittance of the taxes
provided for in this Article .bele. Any agreement by any
person to pay the taxes provided for in this Article artieie
by a series of installment payments shall not relieve any
person of criminal liability for violation of this Article
artiele-until the full amount of taxes agreed to be paid by
such person is received by the Treasurer of Roanoke County.
Each failure, refusal, neglect or violation, and each day's
continuance thereof, shall constitute a separate offense.
�Iy with isien ef this artiele
a-eiass-3 iR19deraeaner. eenyietien eT-9u�P�}2-i.,
relieve i r ersen frem the payment,
shall
ieiatien
be guilty ef
s`rrazTnot
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this -a
rtiel,. i , the
2. That this ordinance shall be in full force and effect on
and after October 1, 1990.
On motion of Supervisor Nickens to adopt ordinance, and
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
A COPY TESTE:
I&-, -ec 4 L ("D>5r.
Brenda J. Hol on, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
R. Wayne Compton, Commissioner of Revenue
Alfred C. Anderson, Treasurer
Paul M. Mahoney, County Attorney
Skip Burkart, Commonwealth Attorney
Magistrate
Police Department
Roanoke Law Library, 315 Church Avenue, S.W., Rke, 24016
Main Library
Roanoke County Code Book
Roanoke County Family Services Court, Intake Counsellor