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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 r� N U H W C.7 p m Z C H O 1 n 1 N J O O 2 U N W U O H Z Q J p Z Q m W p Z J W SN W W W W W W W W Z Z Z Z W f Z Z W W W W C7 C W W Z CC � LY CC O 5 S Q C H 2 W W W W W W W W Q Q Q co Q = p W= Q H Q H I- C7 Z N N N N W CD N N O Cl Cl O Ln CDp¢[ O O O f N IN V1 N W N F-- 2 N N= L'i IN N N IY NU N N W K O 0 0 CD = CD Q N CD Z p W W p W W W Z W N N N W N I--1 O F-- = W N W N N Z Z W W W W CL W W W W X W p p CD W W W Q W 5 CL X O O O W O Q f- O O H w 1 1 M pppp N CO O I to O O O O V O O O 1 M 1 tp UD Ln O 00 Ib CT O O O 01 N O I n pp I� 1� O O 1 LD N et O 00 CO CT LD WDLn Ln LO 1 1 i 1 1 I 1 1 1 1 1 i o r1 r-1 e--1 N M 1 -d- Ln Ln t0 co O+ -+ N t 1 _ co C0QQ N OD 1 m V' -zr CO M O r\ O 1 n tD O 00 00 01 tD I M M M co Cl) O M 1 0) Ln O O CT N Ln I M O tD 14:tD N N ¢ ..r � Co 00 CO � 1 CT M O N �--1 ct I (5) Ln Ln Ln Ln 1 Z 1 1 1 1 I 1 1 MN CO OO 1 Ln V .--1 O R O •-+ O 1 Ln I N tD Ln O CO OO CT O O CT N O I n 1 r", Ln CD LD CT Cp OD to OLn v N e7 1 00 N �r O 00 00 t� i .� t� CT tD CT 1 C Ln Ln Ln Ln 1 M N .--I N 1 O t0 I 1 1 1 I 1 I 1 M C�pp N co U I CT cn rn OD M O t\ O i n LD O CO co CT UD I M M M CO M O M 1 CT Ln O O CT N Ln I M O t0 Q tD to v I N N � O 00 00 V I CT M O Ln .-+ 1 01 LP1 LD .� Ln Ln Ln 1 N I 1 1 1 1 I _ 1 M 00 N 00 N 1 n M Op O R O 1 O1 tD O w w m 00 1 Ln Ln O O N 1 O Ln O O Ci N N 1 O N O ..i N Cl 11, O OD 00 N CT cD CT 1 t0 Ln Lr) Ln i 1 I 1 1 1 W 1 I 1 1 I 1 I 1 I 1 W 1 3 I H I W 1 Z } 1 z 1 w w i 3 H Z Q I W O I J Q = O F- U_ 1 } Z F- 1 O X W< Q W O J 1 Z Z x X I 2 Q H p w N OC CD I O_ U m Q Z H 1 I N W N U N Z- Z O Q O CL I O I U H LL' 1 W Z: W Q S a CCI 1 J H Z I S Z H U H H •-+ N N I W m Z O W X O I O I W •-n 3 CC QQ �-+ V) J Z W LY Z O W I S 1 H 2 W< U H 1 CL 5 NW W •-+ Z 1 H CC I- Q 1 J W w N 3 • W p I Q \ p N Q Z Q U Q S t O O N N CY N C' J } W W OI 1 f- O S J O f 2 Z W N Z CT 1 W 1 U Z O H J x K U IH U H LD W m t J N Cl O Q f— W x p N O CC I I 1 CCI CO J Q :!-Q U V-- O U U !— O CY W CL i Lo 1 Q 1 H U OC U N 1 = 1 N Q W x O N } i W O U m S 1 O 1 H N U H W C.7 p m Z C H O 1 n 1 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 r - C) U IM 4' LO 00 O Lr) O Lr) O Ln O LO M M M M N N LO O LO O Lr) O N O [- LO N O N N 1-1 1-1 '--1 .-1 HINOW A SWIIUHAO SEAOH 10 # 00 N Q LO CD O LO O Lr) O N O [- LO N O N N 1-1 1-1 '--1 .-1 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 � 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 � G 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 e e .. t i ems,--ef 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