HomeMy WebLinkAbout10/24/1989 - Adopted Board RecordsACTION # A-102489-1
ITEM NUMBER _—_
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 24, 1989
AGENDA ITEM: Request for Interstate 81 Corridor Study
COUNT�Yjf ADMINISTRATOR'S COMMENTS:
BACKGROUND:
In response to the rezoning requests recently submitted as part of the 1989
Economic Development Action Plan, the Planning Commission recognizes the
significant community resource the Interstate 81 corridor and interchanges
represents. They not only provide the primary gateway to Roanoke County,
but provide an opportunity for the continued economic vitality of the County.
However the Comprehensive Plan does not specifically address this special
resource nor provide sufficient detailed policy guidance for these areas,
similar to the situation prior to the preparation and adoption of the 419
Corridor Plan. Therefore, future land use planning, marketing and
development should only be undertaken after a comprehensive evaluation of
this area is completed. A corridor plan will maximize its long term
strategic economic value with due consideration for other County goals.
SUMMARY OF INFORMATION:
On October 3, 1989 the Planning Commission adopted the attached resolution
supporting the funding and preparation of an analysis and plan for the
Interstate 81 corridor.
ALTERNATIVES AND IMPACTS:
Alternative No. 1:
Authorize the Director of the Department of Planning and Zoning to negotiate
a professional services contract to undertake an Interstate 81 Corridor Study
in an amount not to exceed $25,000.
Alternative No. 2:
Proceed with future rezonings and development without the benefit of a
comprehensive corridor plan.
Fiscal Impact•
The $25,000 will need to be appropriated from the Unappropriated Balance.
STAFF RECOMMENDATION:
Staff recommends Alternative No. 1.
SUBMITTED BY:
Terrance Harr" gton
Directo , Depar ment of Planning
APPROVED BY:
dw.."
A�47
Elmer C. Hodge
County Administrator
----------------------------------------------------------------------
ACTION VOTE
Approved )
Motion by: Amended motion No
Yes Abs
Denied ( )
Steven A. McGraw/R. W. Robers Garrett
x —
Received ( )
to approve Alt #1; with Johnson
x _
Referred
funding to be taken from the McGraw
x
To
Economic Development Budget Nickens
x _
for this year, and that the Robers
x _
County Administrator extend
invitation to other governments
to participate. (including Montgomery
County)
cc: File
Terrance L. Harington, Director, Planning
John Hubbard, Assistant County Administrator
Timothy Gubala, Director, Economic Development
Diane Hyatt, Director, Finance
Reta Busher, Director, Management & Budget
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, OCTOBER 24, 1989
RESOLUTION 102489-2 RATIFYING CERTAIN TERMS OF
$1,115,00 GENERAL OBLIGATION SCHOOL BONDS, SERIES 1989,
OF THE COUNTY OF ROANOKE, VIRGINIA
WHEREAS, this Board adopted an ordinance on September 12, 1989
("Ordinance"), authorizing the issuance and sale of $1,115,000
General Obligation School Bonds, Series 1989, of the County of
Roanoke, Virginia, ("Bonds") setting forth the form and details
thereof and directing the County Administrator to accept the
maturities and interest rates for the Bonds established by the
Virginia Public School Authority;
NOW, THEREFORE, BE IT RESOLVED:
1. The maturities and interest rates on the Bonds
established by the County Administrator in the attached Certificate
as to Interest Rates are hereby approved and ratified.
2. The Board determines that if it is in the best interests
of the County to participate in the State Non -Arbitrage Program
and to deposit the proceeds of the Bonds in the State Non -Arbitrage
Program Pool I ("SNAP Pool I") pursuant to the Contract, dated as
of January 16, 1989, creating the SNAP Pool I and such Contract is
approved. The Treasurer and the County Administrator, or either
of them, is each authorized to execute on behalf of the County such
contracts and documents as may be necessary for such purpose.
3. This resolution shall take effect immediately. The
undersigned Clerk of the Board of Supervisors of the County of
Roanoke, Virginia, hereby certifies that the foregoing constitutes
a true and correct copy of a resolution duly adopted at a meeting
of the Board of Supervisors duly called and held on
October 24, 1989.
On motion of Supervisor Johnson, seconded by Supervisor
Nickens, and carried by the following recorded vote:
AYES: Supervisor. -Johnson, Robers, McGraw,. Nickens, Garrett
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
Dated: October 24. 1989
cc: File
Bond Counsel
Circuit Court Judge
Ruth Ward, School Board Clerk
Alfred C. Anderson, County Treasurer
Don Myer, Assistant County Administrator
Diane Hyatt, Director, Finance
01_
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, OCTOBER 24, 1989
ORDINANCE 102489-3 AMENDING SECTIONS 10-4 AND
10-15 AND ADDING SECTION 10-19 OF CHAPTER 10,
LICENSES, OF THE ROANOKE COUNTY CODE
WHEREAS, the first reading of this ordinance was held on
October 10, 1989; and the second reading and public hearing was
held on October 24, 1989.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. Chapter 10, Licenses, of the Roanoke County Code is
hereby amended as follows:
Sec. 10-4. Application for license; duties of commissioner;
unlawful penalties for operating business without
a license, failing to file an application, or filing
false statements.
a) All persons embraced by this chapter, unless otherwise
specifically provided, shall make application for licenses to the
commissioner of the revenue by January 31 of each year. The
commissioner of the revenue shall furnish the necessary forms,
which shall be properly filled in with such information as the
commissioner may require. Every applicant for a license to conduct
any business, profession, trade, or occupation under the provisions
of this chapter shall furnish the commissioner of the revenue in
writing with his correct name and trade name; his correct residence
address; the nature of the business, profession, trade, or
occupation to be pursued; the place where it is to be pursued; and
a record of gross receipts verified by oath for the preceding
twelve (12) months; as well as such other information as may be
required by the commissioner of the revenue. The commissioner
shall compute the amount of license tax and after payment shall
issue the license, subject to zoning certification as provided in
section 10-7.
b) It shall be unlawful and a violation of this chapter for
any person to operate a business, profession, trade, or occupation
within the county without having first obtained a license in
class 1 misdemeanor.
K
C) It shall be unlawful and a violation of this chapter for
any person to make false statements with intent to defraud in any
application, return, or affidavit required by this chapter. Such
violation shall constitute (i) a class 3 misdemeanor if the amount
of the tax lawfully assessed in connection with the return is
$1,000 or less, or (ii) a class 1 misdemeanor if the amount of the
tax lawfully assessed in connection with the return in more than
$1,000. Upon conviction under this section, the commissioner of
the revenue shall revoke all licenses of the business for the
balance of the..tax year....
d) Any person. firm or corporation holding a license under
this chapter to operate any business shall forfeit such license
immediately upon conviction by any court of competent jurisdiction
in the Commonwealth of Virginia of a violation of (i) section 18.2-
248 relating to an imitation controlled substance or (ii) section
18.2-248.7 relating to money laundering.
e) No license issued pursuant to this chapter shall be valid
or effective unless and until the tax required shall be paid to the
county treasurer and such payment shall be shown on the license.
f) The commissioner of the revenue shall report monthly to
the treasurer the aggregate amount of license taxes assessed during
the month and placed in the hands of the treasurer for collection.
State law reference - Code of Virginia Section 58.1-3916.1, 18.2-
248.6.
Sec. 10-15. Certification of erroneous assessment; refunds when
licensee ceases to do business.
a) The commissioner of the revenue is empowered to certify
to the treasurer any instances of erroneous assessments. Upon
receipt of such certificate the treasurer is directed to make a
refund based upon the certificate of the commissioner of the
revenue.
b) Licenses issued under the provisions of article II of
this chapter, except those measured by other than gross receipts
or gross expenditures, shall be subject to refund where the
licensee goes out of business before the end of the current license
year subject to all of the following qualifications:
1) License for the current license year must be based
on gross receipts or gross expenditures obtained
throughout the preceding calendar year.
2) The reason for going -out -of -business is not
connected in any manner with the violation of any
state law or local ordinance or violation of any
3
rules or regulations made pursuant thereto.
3) The amount of refund shall be determined in the
following manner: If the licensee does out of
business before the end of any month except
December the refund shall be calculated by dividina
the tax paid for that year's license by a fraction
in which the numerator shall be the number of months
remaining in the calendar year following the month
in which business ceases and the denominator As the
number twelve (12)s but in no case shall the refund
reduce the tax below the minimum as provided by this
code.
3) The amount ef -refund shall
TO she
fellewing er-s
business aft
T
f ,d shall b
refund
be determined
li-ensee—gees
ere April1,
five (7 5%) pereent
in th-e
out
the
ef the
,vey,w
e Fter A-pril 3: and
be fifty (50%) pereent ef
i
T 1 l 1s thehe refund
the tax paidy
sti.,..11
and if
lieepee- gees -eut e€-bu
befere Geteber 1, the refund
(25%) pereent of the tax
the refunds reduce the tax
previded by this eede.
ems --e
shall be
paidt but in ne
belew the
twenty-five
ease shaI4
4) No refund shall be made of any minimum flat tax or
of any other flat license fee not based on gross
receipts.
c) Refunds based on licensee going out of business shall be
made in the same manner as herein provided for erroneous
assessments.
d) If any person seeking a refund is indebted to the county
or any department or office thereof, or is indebted to any state
constitutional office of the county for a local levy, the refund,
or so much thereof as is necessary, shall first be applied to such
indebtedness.
e) Any person who has been properly issued a license may
apply for a refund prior to the date upon which the license was to
become effective by providing satisfactory evidence to the
Commissioner of the Revenue that the business was never commenced
or the sale, show, performance, or exhibition will not take place.
Upon being satisfied that such license was never in effect, the
Commissioner of the Revenue may authorize a refund of the license
fee less a thirty dollar ($30) processing fee.
State Law Reference - Code of Virginia Section 58.1-3980, 3981.
4
2. That Chapter 10, "Licenses," of the Roanoke County Code
be, and hereby is, amended and reenacted by the addition of the
following section to read and provide as follows:
Sec. 10-18. Penalties.
Any person who shall willfully fail or refuse to file a
business license tax return as required by Section 10-4 shall be
guilty of'a violation of law. Upon conviction for such failure,
the person shall be punished as a Class 3 misdemeanor if the amount
of the tax lawfully assessed in connection with the return is
$1.000 or less and as a Class 1 misdemeanor if the amount of the
tax lawfully assessed in connection with the return is more than
$1,000.
State Law Reference --Code of Virginia, Section 58.1-3916.1 and
Section 58.1-3700.
3. That this ordinance shall be in full force and effect on
and after November 1, 1989.
On motion of Supervisor Robers, seconded by Supervisor
Nickens, and carried by the following recorded vote:
AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
A COPY TESTE:
%rno_, -,
Mary H. Allen, 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
Sheriff's Department
Roanoke Law Library, 315 Church Avenue, S.W., Rke, 24016
Main Library
Roanoke County Code Book
Roanoke County J&D Court, Intake Counsellor
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY , VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 24, 1989
RESOLUTION 102489-4 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 Garrett, seconded by Supervisor
McGraw, and carried by the following recorded vote:
AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Executive Session File
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 24, 1989
RESOLUTION NO. 102489-6 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET FORTH
ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM L -
CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That that certain section of the agenda of the
Board of Supervisors for October 24, 1989, designated as Item L -
Consent Agenda be, and hereby is, approved and concurred in as
to each item separately set forth in said section designated
Items 1 through 3, inclusive, as follows:
1. Minutes of Meetings - December 13, 1988, January
4, 1989, January 10, 1989, January 24, 1989,
February 14, 1989
2. Request for Approval of Raffle Permit - William
Byrd High School Cheerleader Booster Club.
3. Request for acceptance of Twin Mountain Circle
into the Virginia Department of Transportation
Secondary System.
2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Johnson, seconded by Supervisor
McGraw, and carried by the following recorded vote:
AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Phillip Henry, Director, Engineering
ACTION NO. A -102489-6.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: October 24, 1989
AGENDA ITEM: Request for approval of a Raffle Permit from the
William Byrd High School Cheerleader.Booster Club...
COUNTY ADMINISTRATOR'S -COMMENTS:
SUMMARY OF INFORMATION:
The William Byrd High School Cheerleader Booster Club has
requested a Raffle Permit to be held on November 3, 1989.This
application has been reviewed by 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:
Mary H. Allen
Clerk to the Board
APPROVED BY:
ZLII A'��
Elmer C. Hodge
County Administrator
--------------------------------------------------------------------------
ACTION VOTE
Apzroved (X) Motion by: Rnh T• Jnhncmn/ Yes No Abs
Denied ( ) Steven A. McGraw Garrett X
Received ( ) Johnson X
Referred McGraw X
To: Nickens X
Robers X
cc: File
Bingo/Raffle File
AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 241 1989
RESOLUTION 102489-6.b REQUESTING ACCEPTANCE OF
TWIN MOUNTAIN CIRCLE INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That this matter came this day to be heard upon the
proceedings herein, and upon the application of Twin Mountain
Circle from Twin Mountain Drive (Route 1097) in an easterly
direction to the cul-de-sac to be accepted and made a part of the
Secondary System of State Highways under Section 33.1-229 of the
Virginia State Code.
2. That it appears to the Board that drainage easements and
a fifty (50) foot right-of-way for said road have heretofore been
dedicated by virtue of a certain map\maps known as Section 4 of
Falling Creek Estates Subdivision which map was recorded in Plat
Book 9, Page 119, of the records of the Clerk's Office of the
Circuit Court of Roanoke County, Virginia, on October 13, 1978 and
that by reason of the recordation of said map no report from a
Board of Viewers, nor consent or donation of right-of-way from the
abutting property owners is necessary. The Board hereby guarantees
said right-of-way for drainage.
3. That said road known as Twin Mountain Circle and which
is shown on a certain sketch accompanying this Resolution, be, and
the same is hereby established as public road to become a part of
the State Secondary System of Highways in Roanoke County,
only from and after notification of official acceptance of said
street or highway by the Virginia Department of Transportation.
On motion of Supervisor Johnson, seconded by Supervisor
McGraw, and carried by the following recorded vote:
AYES: Supervisor Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Phillip Henry, Director, Engineering
Arnold Covey, Director, Development & Inspections, and
copy for Virginia Department of Transportation