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HomeMy WebLinkAbout5/10/1988 - Adopted Board RecordsACTION # A-51088-1 ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 10, 1988 AGENDA ITEM: Valleypointe - project letter and schedule COUNTY ADM NISTRATOR?'S COMMENTS: r a c'i Q (� L�vt%mac..- �✓ /c vrrt v-- sC , it-Crrl BACKGROUND The Board of Supervisors approved the acceptance of VDOT indus- trial access funds in the amount of $450,000 at the April 26, 1988 meeting. A design -build concept was authorized to be initiated to construct the Valleypointe access road. SUMMARY OF INFORMATION Roanoke County and Lingerfelt Development Inc. have previously executed a project document dated December 1, 1987 that should be revised and updated. Lingerfelt is proceeding to close the purchase of a portion of the Harris-Moomaw tract by May 30, 1988 and obtain a building permit for his first tenant. Roanoke County has purchased 8 acres from the Ida Mae Holland estate and is proceeding to exchange this with the Regional Airport Commis- sion for equivalent acreage in the extended Airport Clear Zone. Completion of the design of the access road will enable the County to begin the review and approval with VDOT and Roanoke City and seek bids in June. Exhibit III of the attached letter of understanding sets forth the project schedule. The project letter sets forth financial commitments and project responsibilities determined at meetings between Roanoke County and Lingerfelt Development, Inc. STAFF RECOMMENDATION Proceed with endorsement of the letter of understanding and amend- ments for stormwater management and project site density (Exhibit V). j.. SUBMITTED BY: Timo by W. Gu ala Director, Economic Development APPROVED BY: XgaElmer C. Hodge County Administrator --------------------------------------------------------------------------- ACTION VOTE Approved (X) Motion by: Bob L. Johnson/Harry C. No Yes Abstai Denied ( ) Nickens to approve after elimination Garrett x Received ( ) of Paragraph 5 and correction on Johnson --77 Referred addendum McGraw �- To Nickens �— Robers cc: File Tim Gubala John Hubbard Phil Henry ACTION # A-51088-2 ITEM NUMBER - -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 10, 1988 AGENDA ITEM: Contribution to VACO for Rate Negotiations with Appalachian Power Company COUNTY ADMINISTRATOR'S COMMENTS: „"" •�"z,,'tA..�.+' —�'� .fit c/j--�--c-�i c,-..-c� (�2�.�,i RACK(;RnTTND The VML/VACO Steering Committee was formed for the purpose of negotiating electrical rates with Appalachian Power Company for electrical service to the political subdivisions in the Appalachian service area. VML/VACO has asked for a contribution from all localities to finance these negotiations. SUMMARY OF INFORMATION: VACO has asked that we again consider making a voluntary contribution of $7,072 towards the expenses of the Steering Committee. The VML/VACO Steering Committee has successfully completed its negotiations with Appalachian Power Company. Overall general service, school and pumping rates to all jurisdictions are to be decreased by approximately 10 percent for the last six months of 1987 and approximately 15 percent beginning January 1, 1988. These decreases will be retroactive. Savings to the County are estimated as follows: Schools Utility County 11MR AMIN $175,000 36,000 26,000 $237,000 $175,000 36,000 26,000 $237,000 The Schools have already been notified of these savings and have used them in their 1988-89 budget preparation. The County would like to use their portion of the savings to upgrade the street lighting from mercury vapor to high pressure sodium. ALTERNATIVES AND IMPACTS: 1. The County could contribute $7,072 to the VML/VACO Steering Committee. The cost could be charged to the —.Z departments in proportion to their savings (School -$5,221, Utility -$1,074, County -$777). 2. The County could contribute $7,072 to the VML/VACO Steering Committee. This money could be taken from the reserve for board contingency which currently has a balance of $30,733. 3. The County could decline to make a contribution to the VML/VACO Steering Committee. STAFF RECOMMENDATION: Staff recommends Alternative 1 in light of the successful negotiations and the future savings which it will bring to the County. Respectfully submitted, Jaz f n . � aw Diane D. Hyatt;/ Director of Finance Approved by, Elmer C. Hodge County Administrator ------------------------------------------------------------------ ACTION VOTE Approved ( x) Motion by: Harry C. Nickens/Steven No Yes Abs Denied ( ) A. McGraw to approve Garrett x Received ( ) Alternate #1 Johnson x Referred McGraw x To Nickens x Robers x cc: File Diane Hyatt Reta Busher Bayes Wilson Cliff Craig ACTION # A-51088-3 ITEM NUMBER - 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: May 10, 1988 Roanoke County Agreement on Level III Regional Response Team with Department of Emergency Ser- vices COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Hazardous Materials Emergency Responses Pro- gram, Chapter 3.5 of Title 44 of the 1950 Code of Virginia, as amended, was enacted in 1987 in order to coordinate hazardous materials training emergency response programs between the state and local political subdivisions. This program is a response to federal mandates in "the Emergency Planning and Community Right to Know Act of 1986: contained in Title III of the Super_fund Amendments and Reauthorization Act of 1986 ("SARA"). The Roanoke County Fire and Rescue Department is directly involved in this program by providing immediate response capability at the Level III for emergency hazardous materials accidents. This agreement on Level III Regional Response Team will per- mit the establishment of a Regional Hazardous Materials Incident Response Team to support the Virginia Hazardous Materials Emer- gency Response Program. The Department of Emergency Services (DES) will provide to the County for the Fire and Rescue Depart- ment not less than $42,5000 during the current fiscal year and a total of approximately $95,000 over three years for equipment required to maintain the minimum equipment list established by DES. DES will conduct Level III training for twenty-five (25) County personnel at no cost to the County. The agreement sets forth a procedure and reimbursement rates for County personnel and equipment involved in a Level III response. Further, DES will cover the costs of yearly medical monitoring and exposure examinations of hazardous materials team members as well as worker's compensation and liability protection coverage including legal representation. FISCAL IMPACTS: -- _-E3 Funding from the Commonwealth of Virginia, Department of Emergency Services, not less than $42,500 during current fisca]_ year, and $95,000 over three years. STAFF RECOMMENDA'T'ION: It is recommended that the Board authorize the County Admin- istrator to execute this agreement on Level III Regional Response Team on behalf of the County and for the Treasurer to accept any grant from the Department- of Emergency Services and to pay out such funds received for the purchase of equipment by the Fire and Rescue Departments in accordance with the minimum equipment list specified by DES. Respectfully submitted, Paul M. Mahoney County Attorney ACTION VOTE Approved (x) Motion by: Bob L. Johnson/ No Yes Abs Denied ( ) Richard W. Robers to approve Garrett x Received ( ) Johnson x Referred McGraw x To Nickens x Robers x cc: File Paul Mahoney Diane Hyatt Reta Busher Tommy Fuqua ACTION # A-51088-4 ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS Or ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 10, 1988 AGENDA ITEM: Amendment to Premium Refuse Collection Service COUNTY ADMINISTRATOR'S COMMENTS:?��Zc� a?v` ✓ "" BACKGROUND: Citizen concern has been raised over the fact that when performing premium service, the refuse collectors will only take the household garbage. Further, in review of our current procedures, elderly and handicapped residents also receive backdoor service for household garbage only. The resolutions defining Curbside Service, 85-147 and Premium Service, 85-183 were passed by the Board, September 3, 1985 and October 22, 1985, respectively. These resolutions established the procedures and charges for premium service, established backyard "Collection for Disabled", and established the policy that residents who qualify for these two services "... must make their own arrangements to have any materials that are not part of their regular household refuse placed at the curb for collection." This proposed redefi- nition will increase service to 351 residents who fall in these two categories. SUMMARY OF INFORMATION: Item 1 - Redefinition of Premium Service: Premium service will include trash that is not part of the normal household garbage. This would include grass, leaves, and any other materials that can be containerized and weigh 50 lbs. or less. These materials will be collected with the normal household garbage. Bulk items that cannot be containerized (white goods, sofas, etc.) will continue to be collected at the curb under the published monthly schedule. Item 1.A - Cost of Redefined Premium Service: Premium service presently costs the citizen $1.25 per collection or $5.00 per month for those residents within 100 ft. of the curb and an additional $4.00 charge for each additional 100 ft. or fraction thereof over the initial 100 ft. Cost of the redefined service is increased by $.75 per collection for a total of $8.00 per month and $5.00 per additional 100 ft. Item 1.B - Redefined Premium Refuse Service Charge Per Month: Distance From Curb Proposed Current Rate Charge Per Month 100 ft. or less $ 5.00 $ 8.00 101 - 200 ft. 9.00 13.00 201 - 300 ft. 13.00 18.00 301 - 400 ft. 19.00 23.00 401 - 500 ft. 21.00 28.00 501 - 600 ft. 25.00 33.00 601 - 700 ft. 29.00 38.00 701 - 800 ft. 33.00 43.00 801 - 900 ft. 37.00 48.00 901 - 1000 ft. 41.00 53.00 Item 2 - Redefinition of Backyard Service for Disabled Residents: Disabled residents receiving backyard service will receive the same redefined premium service without a fee. ALTERNATIVES AND IMPACTS: 1. Redefine premium service to include trash that is not part of the normal household garbage such as grass, leaves, and and other materials that can be containerized and weigh 50 pounds or less and increase the fee to cover the service. This will increase the annual refuse revenues by an estimated $3,750.00 to cover additional time required to collect additional refuse. 2. Leave service and fee at present levels. This alternative will limit backyard service to household refuse only, and it would require premium and disabled service residents to make their own arrangements to have any other materials placed at the curb for collection. The current services and fees are as follows: Number of Customers Fee Service 40 $ 5.00 Premium 19 9.00 Premium 5 10.00 or more Premium 287 No Fee Elderly/Disabled 3. Redefine premium service with no increase in fees. This alternative will increase service time and cost to the county and require the department to absorb that cost. RECOMMENDATION: Staff recommends Alternative 1 and requests approval to amend the Resolution covering premium refuse collection service. This will require first and second readings of a proposed Ordinance which will be scheduled June 14, 1988, and June 28, 1988. It is further .requested that a public hearing be held on June 28, 1988, for public comment on the increase in fees. SUBMITTED BY: Gardner W. Smith Director Department of General Services APPROVED: � /,-, &-I Elme C. Hodge County Administrator ACTION Approved (x) Motion by: Harry C. Nickens/ Denied ( ) Steven A. McGraw to approve Received ( ) Alternate #1 Referred to cc: File Gardner Smith John Hubbard VOTE No Yes Abs Garrett x Johnson x McGraw x Nickens x Robers x ACTION NUMBER A-51088-5 ` ITEM NUMBER])- -� d - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 10, 1988 AGENDA ITEM: Authorization to Proceed with discussion of cooperative ventures suggested by The Roanoke Valley Cooperation Committee COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION On April 22, 1988, the Roanoke Valley Cooperation Committee met for the first time. This committee is made up of officials from Roanoke County, the City of Salem, the Town of Vinton and Boutetourt County. Roanoke City has not yet appointed members to serve. Representing Roanoke County are Supervisors Steven McGraw and Richard Robers. At the meeting, it was requested that the members bring back to their governing bodies a list of potential cooperative projects that were suggested for future review. Attached is a copy of the minutes of the April 22nd meeting for your review. They are a draft and subject to change at the next meeting on May 13th. Supervisors McGraw and Robers will review with the board these suggested ventures and ask for approval to proceed with further study on the feasibility of cooperative efforts concerning these suggestions. SUBMITTED BY: APPROVED BY: J Mary H. Allen Elmer C. Hodge Deputy Clerk County Administrator ------------------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Lee Garrett/Harry C. Yes No Abs Denied ( ) Nickens to approve Garrett x Received ( ) Johnson x Referred McGraw x To: Nickens x Robers x cc: File Roanoke Valley Cooperative Committee File ACTION NUMBER A-51088-6 ITEM NUMBER jD - & AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 10, 1988 AGENDA ITEM: Request for Authorization to Proceed with an Employee Wellness Program COUNTY ADMINISTRATOR'S COMMENTS: 0.- -fc�)'Y1.�rn.Grv� ,�'l�C�fc,Gc�'.�iv�1 .•' BACKGROUND The Department of Human Resources was requested by the Roanoke County Board of Supervisors to complete a study on employee wellness programs. One benefit of an employee wellness program is a healthier workforce which could lead to lower health care costs. Other benefits are reduced employee absences and increased productivity, satisfaction, and morale. SUMMARY OF INFORMATION The Department of Human Resources contacted the Roanoke County Health Department, other localities who have implemented wellness programs, local fitness facilities, and community resources in the study. There are a variety of wellness programs currently on the market, some of which may be very costly to the employer. However, there are also a variety of community resources which promote wellness in the workplace. One such community resource is a program sponsored by the American Heart Association entitled "Heart at Work". The Heart at Work Program is a comprehensive package designed to promote cardiovascular education and disease pre- vention at the workplace. It consists of materials for programs to encourage employees to control high blood pressure, stop smoking, eat wisely, exercise regularly and recognize early warning signs of heart attack and stroke. The Heart at Work Program provides step-by-step instructions on how to implement such a program including coordination with other community resources such as the Roanoke County Health Department. The Heart at Work Program is new to the Roanoke valley. The program is currently successful in three thousand companies or other organizations in the United States. The City of Lynchburg is currently participating in Heart at Work and the City of Roanoke, Shenandoah Life, Allstate Insurance Company, and Crestar Bank have signed a pledge of support to participate. In addition, several other large employers in the area are con- sidering participation. The Heart at Work Program offers five modules which employers may implement in the workplace. These are: High Blood Pressure, Smoking Cessation, Nutrition, Exercise, and Signals and Actions (to prevent heart disease). Employers may choose to implement all five or concentrate on implementing selected modules. Employers may also select the level at which they will implement the Heart at Work modules i.e. either at an employee awareness level, an employee detection and screening level, or an education and control level. In order to assess employee wellness needs and select the appropriate levels of implementation for the Heart at Work modules, the Department of Human Resources recommends conducting a Health Risk Appraisal through the Roanoke County Health Depart- ment. The Health Risk Appraisal includes cholesterol and blood pressure testing and provides county employees with recommen- dations for improving their lifestyles to increase life expect- ancy. The results of the Health Risk Appraisal are provided to each participating employee on a confidential basis. However, the Department of Human Resources will receive an overall assess- ment of employee wellness needs. This appraisal may be conducted annually to continue to determine appropriate implementation levels and to determine potential cost savings of an employee wellness program. The Department of Human Resources further recommends empha- sizing the smoking cessation module of the Heart at Work employee wellness program. This will coincide with the study currently underway on smoking in Roanoke County buildings. Accordingly, the Department of Human Resources will coordinate smoking cessa- tion classes and other educational programs. The American Heart Association provides Heart at Work mod- ules, speakers and reference materials, and staff training free of charge. There are costs associated with purchasing desired educational materials from the Heart Association ($300); costs for the Health Risk Appraisal which will cover the cost of choles- terol testing for all employees ($2600); and costs for the Smoking Cessation Program ($500). The total first year cost for the Employee Wellness Program excluding staff time is $3400. The Department of Human Resources recommends that the funding for this program be provided from the fiscal year 1987-88 Board of Supervisor's Contingency Fund. The Heart at Work Program will be effective on July 1, 1988, for Roanoke County employees. The staff time required is estimated to be 150 hours, and this will be absorbed through the Human Resources work program. 2 D -- & ALTERNATIVES AND IMPACTS 1. Authorize the County Administrator to sign an American Heart Association Cooperative Pledge of Support to participate in the Heart at Work Program. Fiscal impact will be $3,400 which we recommend funding through the Board of Supervisor's Contingency Fund. The Heart at Work Program will be effec- tive on July 1, 1988, for Roanoke County employees. 2. Participate in an employee wellness program sponsored by another company or organization. Fiscal impact may range from $500 to $5,000 per year. 3. Do not participate in an employee wellness program. STAFF RECOMMENDATION The Department of Human Resources recommends alternative one which authorizes the County Administrator to sign the pledge of support to participate in the American Heart Association Heart at Work Program, and that funds in the amount of $3400 be provided from the Board of Supervisor's Contingency Fund for imple- mentation of this program. SUBMITTED BY: D. K. Coo Director of Human Resources APPROVED BY: i . Elmer C. Hodge County Administrator ACTION Approved (x) Motion by: Harry c._ NinkPns/ Denied ( ) Bob L. Johnson to approve Garrett Received ( ) Alternative #1 r-�-- Johnson Referred McGraw To Nickens Robers cc: File Keith Cook Diane Hyatt Reta Busher 3 VOTE No Yes Abs x x x x x ACTION NUMBER A-51088-7 ITEM NUMBER _Z) - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 10, 1988 AGENDA ITEM: Approval of Classification Plan for FY 1988-89 COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND The Board of Supervisors annually approves the Classifi- cation Plan for county employees in conjunction with the adoption of the county budget. The Classification Plan consists of salary grades for position classifications and incorporates the total number of positions approved for the fiscal year. SUMMARY OF INFORMATION The Classification Plan for county employees consists of classified and unclassified positions incorporated in the pro- posed county budget for fiscal year 1988-89. The salary of members of the Board of Supervisors are deter- mined by ordinance of the Board. The salary of the County Admin- istrator, County Attorney, along with any salary supplements approved for elected constitutional officers, are also determined by the Board. The salaries for other county employees, both classified and unclassified, are determined by the County Administrator within the limits of the adopted Classification Plan and appropriated funds. The recommended salary structure for classified personnel consists of 15 steps (A through 0) with increments of approxi- mately 2.5% between each sten. The existing salary structure for fiscal year 1987-88 consists of pay grades of 8 steps (A through H) with precise 5% increments 'between each step. In computing the proposed 15 step structure, half steps of approximately 2.5% have been added or averaged between existing steps A, B, C, D, E, F, G and H. In a comparison of both pay plans, the minimum and maximum steps are the same. The proposed pay plan with 15 steps is recommended to allow staff to begin implementation of a pay for performance system in which employees will be eligible for salary increases depending upon the individual employee's level of performance during the evaluation period. Once a pay for performance system is established, we hope to be able to incorporate a minimum, mid- point and maximum salary for each pay grade in which all steps between minimum and maximum are eliminated. The pay for per- formance system will be worked out with staff prior to July 1, 1988, and brought back to the Board of Supervisors prior to imple- mentation. In addition, the Classification Plan pay schedule has been increased by 5% to maintain a competitive salary structure with comparable positions in area municipalities and in the private sector of employment. The proposed pay plan also includes pay grade revisions for positions in which salary changes were recom- mended as a result of the market salary survey conducted by the Department of Human Resources last fall. STAFF RECOMMENDATION Staff recommends approval of a Classification Plan for county employees for fiscal year 1988-89 with 15 steps, including increments of approximately 2.5% between each pay step; an increase of 5% in the Classification Plan pay schedule to main- tain a competitive salary structure with comparable positions in area municipalities and in the private sector of employment; and pay grade revisions for positions as a result of the market salary study. In the approval of this recommendation, employees will be eligible for merit salary increases depending upon the individual employee's level of performance during the evaluation period, with total salary increases limited to an average of 5% for the fiscal year. Individual employee merit salary increases will also be limited to a maximum of 10%. The funding required by this recommendation is incorporated in the proposed county budget. SUBMITTED BY: D. K. Cook Director of Human Resources APPROVED BY: L Elmer C. Hodge County Administrator ACTION Approved (x) Motion by: Harry C. Nickens/ Denied ( ) Steven A. McGraw to approve Garrett Received ( ) staff recommendation Johnson Referred McGraw To Nickens Robers cc: File Keith Cook Assistant County Administrators Department Heads VOTE No Yes Abs x X x x x x AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, MAY 10, 1988 ORDINANCE 51088-8 AMENDING AND REENACTING CHAPTER 21 OF THE ROANOKE COUNTY CODE, TAXATION, BY THE ADDITION OF A NEW ARTICLE VIII, TAX ON PREPARED FOOD AND BEVERAGES; SUCH NEW ARTICLE VIII IMPOSING A TAX ON CERTAIN FOOD AND BEVERAGES SOLD IN THE COUNTY OF ROANOKE, PURSUANT TO SECTION 58.1-3833, CODE OF VIRGINIA (1950), AS AMENDED, AND PROVIDING FOR THE AMOUNT OF SUCH TAX, PROCEDURES FOR COLLECTION, DUTIES OF SELLERS AND DUTIES OF LOCAL OFFICIALS WITH RESPECT TO SUCH TAX, ENFORCEMENT PROCEDURES, CIVIL PENALTIES FOR LATE PAYMENT, MISDEMEANOR PENALTIES FOR VIOLATIONS OF ARTICLE, EXEMPTIONS, AND AN EFFECTIVE DATE WHEREAS, after consideration of this subject and after an opportunity for the citizens of this County to be heard upon this matter at a public hearing held on April 12, 1988, pursuant to Section 58.1-3007, Code of Virginia (1950), as amended; and WHEREAS, the first reading on this ordinance was held on April 26, 1988, and the second reading on this ordinance was held on May 10, 1988; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, finds that it is appropriate to impose a tax on certain food and beverages sold in the County of Roanoke, pursuant to Section 58.1-3833, Code of Virginia (1950), as amended. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 21, Taxation, of the Code of Roanoke County, is hereby amended and reenacted by the addition of a new Article VIII, Tax on prepared food and beverages, to read and provide as follows: ARTICLE VIII. TAX ON PREPARED FOOD AND BEVERAGES Sec. 21-150. Definitions. The following words and phrases, when used in this arti- cle, shall have, for the purposes of this article, the following respective meanings except where the context clearly indicates a different meaning: (a) Caterer: A person who furnishes food on the prem- ises of another, for compensation. (b) Commissioner of the Revenue: The Commissioner of the Revenue of the County of Roanoke, and any of his duly authorized deputies, assistants, employ- ees or agents. (c) Food: Any and all edible refreshments or nourish- ment, liquid or otherwise, including alcoholic beverages, purchased in or from a restaurant or from a caterer, except snack foods. (d) Person: Any individual, corporation, company, association, firm, partnership or any group of individuals acting as a unit. (e) Purchaser: Any person who purchases food in or from a restaurant or from a caterer. (f) Restaurant: Any place in or from which food is sold in the County, including, but not limited to, any restaurant, dining room, grill, coffee shop, cafeteria, cafe, snack bar, lunch counter, delica- tessen, confectionery, bakery, eating house, eat- ery, drugstore, vending machine, lunch wagon or truck, pushcart or other mobile facility from which food is sold, public or private club, re- sort, bar or lounge. The word "restaurant" shall not mean a grocery store or supermarket except for any space or section therein designated as a deli- catessen or for the sale of prepared sandwiches, delicatessen food or food prepared in a delicates- sen. (g) Seller: Any person who sells food in or from a restaurant or as a caterer. 2 (h) Snack food: Unopened bottles or cans of carbon- ated soft drinks; chewing gum; candy; popcorn; peanuts and other nuts; unopened packages of cook- ies, donuts, crackers and potato chips; and other items of essentially the same nature and consumed for essentially the same purpose. (i) Sec. 21-151. Treasurer: The Treasurer of the County of Roanoke and any of his duly authorized deputies, assis- tants, employees or agents. Levy of tax; amount. In addition to all other taxes and fees of any kind now or hereafter imposed by law, a tax is hereby levied and imposed on the purchaser of all food served, sold or delivered in the County in or from a restaurant, whether prepared in such restau- rant or not and whether consumed on the premises or not, or by a caterer. The rate of this tax shall be four (4) percent of the amount paid for such food. In the computation of this tax, any fraction of one-half cent or more shall be treated as one cent. Sec. 21-152. Payment and collection of tax. Every seller of food with respect to which a tax is levied under this article shall collect the amount of tax imposed under this article from the purchaser on whom the same is levied at the time payment for such food becomes due and payable, whe- ther payment is to be made in cash or on credit by means of a credit card or otherwise. The amount of tax owed by the purcha- ser shall be added to the cost of the food by the seller who shall pay the taxes collected to the County as provided in this article. Taxes collected by the seller shall be held in trust by the seller until remitted to the County. Sec. 21-153. Reports and remittances generally. Every seller of food with respect to which a tax is levied under this article shall make out a report, 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 report to the County Treasurer with a remit- tance of such tax. Such reports and remittance shall be made on or before the twentieth day of each month, covering the amount of tax collected during the preceding month. Sec. 21-154. Preservation of records. It shall be the duty of any seller of food liable for collection and remittance of the taxes imposed by this article to keep and preserve for a period of three years records showing gross sales of all food and beverages, the amount charged the purchaser of each such purchase, the date thereof, the taxes col - 3 lected thereon and the amount of tax required to be collected by this article. The Commissioner of the Revenue shall have the power to examine such records at reasonable times and without unreasonable interference with the business of the seller, for the purpose of administering and enforcing the provisions of this article and to make copies of all or any parts thereon. Sec. 21-155. Advertising payment or absorption of tax prohib- ited. No seller shall advertise or hold out to the public in any manner, directly or indirectly, that all or any part of the tax imposed under this article will be paid or absorbed by the seller or anyone else, or that the seller or anyone else will relieve the purchaser of the payment of all or any part of the tax. Sec. 21-156. Tips and service charges. Where a purchaser provides a tip for an employee of a seller, and the amount of the tip is wholly in the discretion of the purchaser, the tip is not subject to the tax imposed by this article, whether paid in cash to the employee or added to the bill and charged to the purchaser's account, provided, in the latter case, the full amount of the tip is turned over to the employee by the seller. An amount or percent, whether designated as a tip or a service charge, that is added to the price of the meal by the seller, and required to be paid by the purchaser, is a part of the selling price of the meal and is subject to the tax imposed by this article. Sec. 21-157. Duty of seller when going out of business. Whenever any seller required to collect any pay to the County a tax under this article shall cease to operate or other- wise dispose of his business, any tax payable under this article shall become immediately due and payable and such person shall immediately make a report and pay the tax due. Sec. 21-158. Discount. For the purpose of compensating sellers for the collec- tion of the tax imposed by this article, every seller shall be allowed three (3) percent of the amount of the tax due and ac- counted for in the form of a deduction on his monthly return; provided, the amount due is not delinquent at the time of pay- ment. Sec. 21-159. Enforcement; duty of Commissioner of the Revenue. The Commissioner of the Revenue shall promulgate rules and regulations for the interpretation, administration and en - 4 forcement of this article. It shall also be the duty of the Com- missioner 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 reports and remittances required by this article. The Commis- sioner 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. Sec. 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 and to make, within the time provided in this article, the reports and remit- tances mentioned in this article, 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 report and remit- tance, he shall proceed to determine and assess against such seller the tax and penalties provided for by this article and shall notify such seller, by registered mail sent to his last known place of address, of the total amount of such tax and penal- ties and the total amount thereof shall be payable within ten (10) days from the date such notice is sent. Sec. 21-161. Duty of County Treasurer. The Treasurer shall have the power and the duty of collecting the taxes imposed and levied hereunder and shall cause the same to be paid into the general treasury for the County. Sec. 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 report required by this article or to remit to the County Treasurer the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the County Treasurer a penalty in the amount of ten (10) percent if the fail- ure 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 aggre- gate, 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, a penalty of fifty (50) percent of the tax shall be assessed against the person required to collect such tax. Sec. 21-163. Violations of article. 5 Any person violating, failing, refusing or neglecting to comply with any provision of this article shall be guilty of a Class 3 misdemeanor. Conviction of such violation shall not relieve any person from the payment, collection or remittance of the taxes provided for in this article. Any agreement by any person to pay the taxes provided for in this article by a series of installment payments shall not relieve any person of criminal liability for violation of this article until the full amount of taxes agreed to be paid by such person is received by the Trea- surer. Each failure, refusal, neglect or violation, and each day's continuance thereof, shall constitute a separate offense. Sec. 21-164. Exemptions. The following purchases of food shall not be subject to the tax under this article: (a) Food furnished by restaurants to employees as part of their compensation when no charge is made to the employee. (b) Food sold by non-profit day care centers, public or private elementary or secondary schools or food sold by any college or university to its students or employees. (c) Food for use or consumption by the Commonwealth, any political subdivision of the Commonwealth or the United States. (d) Food furnished by a hospital, medical clinic, con- valescent home, nursing home, home for the aged, infirm or handicapped or other extended care facil- ity to patients or residents thereof. (e) Food Furnished by a non-profit charitable organiza- tion to elderly, infirm, handicapped or needy per- sons in their homes or at central locations. (f) Food sold by a non-profit educational, charitable or benevolent organization on an occasional basis as a fund-raising activity or food sold by a church or religious body on an occasional basis. (g) Any other sale of food which is exempt from taxa- tion under the Virginia Retail Sales and Use Tax Act, or administrative rules and regulations issued pursuant thereto. 2. That this ordinance shall be in full force and effect on and after July 1, 1988. 0 On motion of Supervisor Nickens, seconded by Supervisor Robers, and upon the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY - TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 5/13/88 cc: File Paul Mahoney, County Attorney Alfred A. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Francis W. Burkart, Commonwealth Attorney Sheriff Michael Kavanaugh Magistrate Roanoke Law Library, 315 Church Avenue, SW, Roanoke 24016 Main Library Roanoke County Code Book 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 10, 1988 RESOLUTION NO. 51088-9 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain section of the agenda of the Board of Supervisors for May 10, 1988, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8, inclusive, as follows: 1. Minutes of Meetings - February 9, 1988, February 23, 1988 2. Request for acceptance of Fresh Meadow Lane and Cloverleaf Circle into the VDOT Secondary System. 3. Request for acceptance of Haven's Trail into the VDOT Secondary System. 4. Confirmation of Committee Appointments to the Fifth Planning District Commission, the Parks & Recreation Advisory Commission, and Total Action Against Poverty Board of Directors. 5. Resolution requesting approval of grant application for Clean Valley Council. 6. Resolution of approval from the Planning Commission for proposed park development in the Hollins Project area. 7. Authorization to enter into an agreement for use and maintenance of private road. 8. Acknowledgment from VDOT of the acceptance of 0.06 miles of Old Manor Drive and 0.11 miles of Old Manor Court 0.13 miles of Branderwood Drive, 0.11 miles of Whipplewood Drive, 0.45 miles of Summerset Drive and 0.07 miles of Summerset Circle into VDOT 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 Nickens, seconded by Supervisor Johnson, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 5/12/88 CC: File Phillip Henry, Director of Engineering John Hubbard, Assistant County Administrator Gardner Smith, Director of General Services AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 10, 1988 RESOLUTION 51088-9.a REQUESTING ACCEPTANCE OF FRESH MEADOW LANE AND CLOVERLEAF 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 Fresh Meadow Lane and Cloverleaf Circle 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 roads have been dedicated by virtue of certain maps known as Beverly Heights North, Section 4 and North Meadows, Section 1, which maps were recorded in Plat Book 9, Page 264 and Plat Book 10, Page 36 respectively, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on October 28, 1983 and December 15, 1986, respectively, and that by reason of the recordation of said maps 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 roads known as Fresh Meadow Lane and Cloverleaf Circle, which are shown on a certain sketch accompanying this Resolution, be, and the same are hereby established as public roads to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said streets or highways by the Virginia Department of Transportation. On motion of Supervisor Nickens, seconded by Supervisor Johnson, and upon the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY - TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 5/13/88 cc: File Phillip Henry, Director of Engineering John Hubbard, Assistant County Administrator Arnold Covey, Director, Development & Inspection Virginia Department of Transportation E AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 10, 1988 RESOLUTION 51088-9.b REQUESTING ACCEPTANCE OF HAVEN'S TRAIL INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application for Haven's Trail, from it's intersection with Route 864 to the terminus at the cul-de-sac for a distance of 0.08 mile, to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty ( 50 ) foot right -of -way for said road have been dedicated by virtue of a certain map known as Buckhorn Meadows Subdivision which map was recorded in Plat Book 10, Page 52, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on April 13, 1987 and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said right-of-way for drainage. 3. That said road known as Haven's Trail and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as public road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Nickens, seconded by Supervisor Johnson, and upon the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY - TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 5/13/88 cc: File Phillip Henry, Director of Engineering John Hubbard, Assistant County Administrator Arnold Covey, Director, Development & Inspection Virginia Department of Transportation E, A -51088-9.c ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE May 10, 1988 SUBJECT: Confirmation of Committee Appointments COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nominations were made at the previous board meeting and must now be confirmed by the Board of Supervisors. The nominee has agreed to serve. Fifth Plannincr District Commission: Supervisor McGraw has nominated John unexpired term of Timothy Gubala as member of the Executive Committee. 1989. Industrial Development Authority: Hubbard to fill the citizen representative and His term will expire June 30, Supervisor Nickens nominated William Triplett to serve another four-year term. His term will expire September 26, 1991. Parks and Recreation Advisory Commission: Supervisor Robers nominated Vince Joyce to fill the unexpired term of Leonard Winger. His term will expire June 30, 1989. Supervisor McGraw nominated Roger Smith to fill the unexpired term of Michael Lazzuri. His term will expire June 30, 1990. Total Action Against Poverty Board of Directors: Supervisor Nickens nominated Elizabeth Stokes and Cabell Brand to another two-year term. Their terms will expire May 5, 1990. Mr. Brand is a joint appointee with the City of Salem. SUBMITTED BY: Mary H. Allen Deputy Clerk APPROVED BY: Elmer C. Hodge County Administrator ------------------------------------------------------------------------- ACTION VOTE Approved (X) Motion by:RarTC, �i}6�ce�L. Yes No Abs Denied ( ) Johnson Garrett x Received ( ) Johnson x Referred McGraw x To: Nickens x Robers x cc: File Fifth Planning District File Industrial Development Authority File Parks & Recreation Advisory Commission File Total Action Against Poverty Board of Directors File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 10, 1988 RESOLUTION 51088-9.d AUTHORIZING THE CLEAN VALLEY COUNCIL TO APPLY FOR AN ANTI -LITTER PROGRAM GRANT FOR ROANOKE COUNTY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby expresses its intent to combine with the City of Roanoke, Town of Vinton, Botetourt County, and City of Salem in a mutually agreed upon and cooperative program, contingent on approval of the application by the Department of Waste Management, Division of Litter Control and Recycling, and contingent on receipt of such funds for the fiscal year ending June 30, 1989; and 2. That the Board hereby authorizes Clean Valley Council, Inc., to plan and budget for a cooperative anti -litter program for the fiscal year ending June 30, 1989 which shall represent said program for all localities named in this resolution; and 3. That the Board further authorizes Clean Valley Council, Inc., to apply on behalf of Roanoke County for a grant, and to be responsible for the administration, implementation, and completion of the program; and 4. That the Board further accepts responsibility jointly with the Clean Valley Council, Inc., and the City of Roanoke, Town of Vinton, Botetourt County, and City of Salem for all phases of the program; and 5. That said funds when received will be transferred immediately to Clean Valley Council, Inc; all funds will be used in the cooperative program to which the Board gives its endorsement and support; and 6. That the financial records of Clean Valley Council, Inc., shall be subject to inspection and review by the Assistant County Administrator of Management Services and such data shall be presented to allow proper reporting on a timely basis by the County; and 7. That the Board requests the Department of Waste Management, Division of Litter Control and Waste Recycling to consider and approve the application and program, said program being in accord with the regulations governing use and expenditure of said funds. On motion of Supervisor Nickens, seconded by Supervisor Johnson, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 5/12/88 CC: File Clean Valley Council Clean Valley Council File Clerk, Roanoke City Council Clerk, Salem Cit}, Council Clerk, Town of v_riton Clerk, Botetourt County H-51UiS2S-y.e ITEM NUMBER �. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VA., ON TUESDAY, MEETING DATE: May 10, 1988 SUBJECT: Planning Commission Review of Proposed Park Development within the Hollins Community Development Project area in accordance with § 15.1-456 of the Code of Virginia, as Amended COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: § 15.1-456 of the Code of Virginia of 1950, as amended, requires that the general location, characteristics and extent of public areas, building, or structures be submitted to the Planning Commission for its approval as being substantially in accordance with the adopted Comprehensive Plan. Pursuant to this section, the Planning Commission reviewed the acquisition of an approximate 3.5 acre tract from Esther B. Sadler for the development of a community park within the Hollins Community Development Project area. The Hollins Community Development program activities consisting of highway improvements, water and sewer line installation, residential rehabilitation, and park development were considered by the Planning Commission at its October 1, 1985 meeting. Attached is a resolution adopted by the Planning Commission express- ing its approval of the purchase and the compatibility of the location with the intent of the Comprehensive Plan. A vicinity map is attached as well. FISCAL IMPACT: The Hollins Community Development Project budget includes the funds for acquiring property and developing a public park. The acquisition cost is $9,000. The park development cost will be approximately $39,000. Additional nominal costs and time will be required to maintain the park. An accurate cost for maintenance cannot be determined until completion of final design of the park. The park will be designed to be as maintenance free as is possible. RECOMMENDATION: Staff recommends the Board of Supervisors accept this resolution of approval from the Planning Commission. SUBMITTED BY: APPROVED RAr W. -LA, 451 G l Rob Stal er Elmer C. Hodge, Jr. Director of Planning County Administrator ------------------------------------------------------------------ Approved (x > Denied ( ) Received ( ) Referred To ACTION Motion by: Harry C. Nickens/Bob L. Johnson Garrett cc: File, Rob Stalzer, Johnson Steve Carpenter, McGraw Diane Hyatt, Reta Bum er Nickens Robers VOTE No Yes Abs _ x _ x X X X ACTION NUMBER A -51088-9.f ITEM NUMBER rl AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 10, 1988 AGENDA ITEM: Authorization to enter into an agreement for use and maintenance of a private road owned by Maynard and Trucilla Heslep COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: For twelve years, Roanoke County has used a private road owned and maintained by Maynard and Trucilla Heslep to gain access to a well lot owned by the County. This road has been maintained by the owner who is now requesting assistance in the maintenance. After several meetings with Mr. Heslep, the County Attorney's office has come to an agreement with the Heslep's which would allow continued use of the private road by the County. SUMMARY OF INFORMATION The attached agreement has been reviewed by the Hesleps and they have indicated their willingness to participate. Roanoke County will employ a contractor to tar and chip the aforesaid private road, after which the County and the Hesleps will share in the maintenance. There is a bridge on the road, and the agreement stipulates that the bridge will be maintained by the owner unless it is damaged by the County. In the event of a natural disaster, both the County and the Hesleps will share in the cost of restoring the bridge. ALTERNATIVES AND IMPACTS Alternative #1: Authorize the County Administrator the enter into the agreement setting forth the provisions for use and maintenance of the private road. This will ensure continued access to a County owned well lot. Alternative #2: Do not authorize the County Administrator to entire into the agreement with Maynard and Trucilla Heslep. STAFF RECOMMENDATION Staff recommend Alternative #1. Elmer C. Hodge County Administrator ------------------------------------------------------------------------- ACTION VOTE Approved (X) Motion by: Harry C. Nickens/Bob L. Yes No Abs Denied ( ) Johnson to approve Alternative Garrett x_ Received ( ) #1 Johnson x Referred McGraw _x To: Nickens x Robers —_ cc: File Phil Henry Cliff Craig Paul Mahoney ACTION NUMBER A -51088-9.g ITEM NUMBER,' "u AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 10, 1988 AGENDA ITEM: Acknowledgment from the Va. Department of Transportation of acceptance of certain roads into the Secondary System. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND Attached are letters from Oscar Mabry, Deputy Commission of the Va. Department of Transportation acknowledging the following additions to the Secondary System: 0.06 miles of Old Manor Drive, effective April 25, 1988 0.11 miles of Old Manor Court, effective April 25, 1988 0.13 miles of Branderwood Drive, effective April 26, 1988 0.11 miles of Whipplewood Drive, effective April 26, 1988 0.45 miles of Summerset Drive, effective April 26, 1988 0.07 miles of Summerset Circle SUBMITTED BY: APPROVED BY: Mary H. 91len Elmer C. Hodge Deputy Clerk County Administrator ------------------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Harry C. Nickens/Bob L. Yes No Abs Denied ( ) Johnson Garrett x Received ( ) Johnson x Referred McGraw x To: Nickens x Robers x cc: File Phil Henry John Hubbard