HomeMy WebLinkAbout11/22/1988 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 22, 1988
RESOLUTION 112288-1 AUTHORIZING
APPROPRIATION OF ROADWAY FUNDS FOR
ACCEPTANCE OF RED BARN LANE INTO THE
STATE SECONDARY ROAD SYSTEM
WHEREAS, the developer of Little Tree Acres subdivision
located in Roanoke County has completed the physical improvements
necessary for Red Barn Lane to be accepted in the State's
Secondary Road System; and
WHEREAS, said developer has filed Chapter 11 Bankruptcy
and therefore is presently unable to post the necessary bonds and
fees required for street acceptance; and
WHEREAS, the Virginia Department of Transportation
(VDOT) will accept Red Barn Lane into the State Secondary Road
System once the road maintenance fee and one year warranty bond
are submitted; and
WHEREAS, the cost of the maintenance fee and bond are
estimated to be Three Hundred Dollars ($300); and
WHEREAS, the maximum bonding liability could be approxi-
mately Three Thousand Seven Hundred Fifty Dollars ($3,750) but
only if the street fails and VDOT demands payment; and
WHEREAS, any monies expended for the acceptance of Red
Barn Lane into the State Secondary System would have to be allo-
cated from the FY 88-89 road activity fund and the escrow road
account.
NOW, THEREFORE, be it resolved by the Board of Supervi-
sors of Roanoke County, Virginia, that said Board supports the
expenditure of County funds to facilitate acceptance of Red Barn
Lane into the State Secondary Road System and that the expendi-
ture of funds from the FY 88-89 road activity fund and the escrow
road account to accomplish this purpose is hereby authorized.
On motion of Supervisor Johnson, seconded by Supervisor
McGraw and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
A COPY TESTE:
Mary H. Allen, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Phillip Henry, Director, Engineering
Arnold Covey, Director, Development & Inspections, and
Copy for Virginia Department of Transportation
Diane Hyatt, Director, Finance
Reta Busher, Director, Management & Budget
0
ACTION # A-112288-2
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 22, 1988
AGENDA ITEM:
Request for Improvements at the Administration
Center
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND:
Several items relative to the convenience and safety of
citizens calling at the Administration Center need attention.
SUMMARY OF INFORMATION:
° The hallways in the building are very slick and present a
safety hazard, particularly to the handicapped. The
installation of carpet would reduce the safety hazard and
improve the appearance of the building.
The Administration Center is not adequately identified for
those passing by on Brambleton Avenue.
° Signs should be installed to designate entrance and exit
paths for.the Administration Center parking lot. The
absence of such markings present a safety hazard.
° Paving is needed in the upper parking lot facing Valley
Forge Avenue.
0
�-D ^ 3
ALTERNATIVES AND IMPACTS:
- Carpeting for the Administration Center $ 5,000
- Sign at front of Center on Brambleton (estimate) 1,200
- Signs at parking lot 250
- Paving 5,000
Total 11 450
Alternative 1: Complete carpeting, signage and paving.
Alternative 2: Complete carpeting and signage only.
Alternative 3: Do neither.
Funding for this project would be from the Capital Fund
Unappropriated Balance.
STAFF RECOMMENDATION:
Staff recommends approval of Alternative 1.
SUBMITTED BY:
:� - L2&."/
Donnie C. Myer
Assistant County Administrator
Management Services
APPROVED:
E mer C. Hodge
County Administrator
-------------------------------------------------7---------------
ACTION VOTE
Approved ( Motion by: Harry C. Nickens/ No Yes Abs
Denied ( ) Bob L. Jo nson o approve Garrett x
Received Alternative _12_ Johnson x
Referred
to
cc: File
Don Myers
John Chambliss
John Hubbard
Reta Busher
Diane Hyatt
Keith Cook
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 ON TUESDAY, NOVEMBER 22, 1988
RESOLUTION NO.112288-3 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET FORTH
ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM I -
CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That that certain section of the agenda of the
Board of Supervisors for November 22, 1988, designated as Item I
- Consent Agenda be, and hereby is, approved and concurred in as
to each item separately set forth in said section designated
Items 1 through 11, inclusive, as follows:
1. Confirmation of appointments to the Building Code
Board of Adjustments and Appeals, Grievance Panel,
Library Board, Mental Health Services of the
Roanoke Valley, Board of Directors, and Planning
Commission.
2. Acknowledgment
from the Virginia Department of
Transportation
that the following roads have been
taken
into the
Secondary System:
a.
0.06
miles
of
White Eagle Lane
b.
0.15
miles
of
Buffalo Circle
C.
0.04
miles
of
Blackhawk Circle
d.
0.07
miles
of
Tee Pee Lane
e.
0.20
miles
of
Warrior Drive
f.
0.08
miles
of
Buckskin Lane
g.
0.10
miles
of
Warbonnet Road
h
0.07
miles
of
Canoe Circle
i.
0.09
miles
of
Tomahawk Circle
j.
0.09
miles
of
Scout Circle
3. Approval of Resolution to add 0.076 miles, North
Roanoke/Franklin County Line, Route 660, to VDOT
Secondary System due to relocation and
construction changes.
4. Request for acceptance of Past Times Lane into
VDOT Secondary System.
5. Request for acceptance of Ranchcrest Drive, Snow
Owl Drive and Golden Eagle Lane into VDOT
Secondary System.
6. Request for acceptance of Fort Lewis Circle into
VDOT Secondary System.
7. Request for acceptance of Green Ridge Court into
VDOT Secondary System.
8. Request for acceptance of water and sewer
facilities serving Junipine Subdivision.
9. Acceptance of water and sewer facilities serving
Penn Forest Hills.
10. Approval of Resolution of support for Roanoke
Valley Chamber of Commerce's Application to the
Department of Economic Development for Small
Business Center.
11. Apprepriatien--of-BEA-funds-to-the-Sheri€€Ls
Bepartment-
2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Nickens, seconded by Supervisor
Garrett with Item 11 removed. The motion passed by the following
recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
A COPY TESTS:
Mary H. Allen, Deputy Clerk
Roanoke County Board of Supervisors
11/23/88
CC: Phillip Henry, Engineering Director
Clifford Craig, Utility Director
John Hubbard, Assistant County Administrator
Timothy Gubala, Economic Development Director
File
ACTION NUMBER
A -112288-3.a
ITEM NUMBER z_ i
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE November 22, 1988
SUBJECT: Confirmation of Committee Appointments
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The following nominations were made at the previous board meeting
and must now be confirmed by the Board of Supervisors. The
nominee has agreed to serve.
Building Code Board of Adjustments and Appeals
Robert Allen Williamson has been nominated by Supervisor Johnson
for a four-year term representing Hollins Magisterial District.
His term will expire January 22, 1992.
Grievance Panel
Cecil Hill has been nominated by Supervisor Nickens to serve
another three-year term as Alternate. His term will expire on
October 12, 1991.
Library Board
Carolyn Pence has been nominated by Supervisor Nickens to another
four-year term representing the Vinton Magisterial District. Her
term will expire December 31, 1992.
Mental Health Services of the Roanoke Valley Board of Directors
Dr. Joseph Duetsch as been nominated by Supervisor Garrett to
serve another three-year term as an at -large member representing
all participating localities. His term will expire December 31,
1991.
Planning Commission
T_ I
Michael Gordon has been nominated by Supervisor Garrett to serve
another four-year term representing the Windsor Hills Magisterial
District. His term will expire December 31, 1992.
SUBMITTED BY:
7Yi cis, �.
Mary H. Allen
Deputy Clerk
Elmer C. Hodge
County Administrator
--------------------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Harry C. Nickens/ Yes No Abs
Denied ( ) Bob L. Johnson Garrett x
Received ( ) Johnson x
Referred McGraw x
To: Nickens x
Robers x
cc: File
Building Code Board of Adjustments & Appeals
Grievance Panel
Library Board
Mental Health Services of the Roanoke Valley Board of Directors
Planning Commission
ACTION NO.
A -112288-3.b
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 22, 1988
AGENDA ITEM: Acknowledgment from the Virginia Department of
Transportation the additions to the Secondary System
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Roanoke County has received notification that the following
additions to the VDOT Secondary System have now been approved:
a.
0.06
miles
of
White Eagle Lane
b.
0.15
miles
of
Buffalo Circle
C.
0.04
miles
of
Blackhawk Circle
d.
0.07
miles
of
Tee Pee Lane
e.
0.20
miles
of
Warrior Drive
f.
0.08
miles
of
Buckskin Lane
g.
0.07
miles
of
Canoe Circle
h.
0.10
miles
of
Warbonnet Road
i.
0.09
miles
of
Tomahawk Circle
j.
0.09
miles
of
Scout Circle
Mary H. Allen
Deputy Clerk
Elmer C. Hodge
County Administrator
--------------------------------------------------------------------------
ACTION VOTE
Approved ) Motion by: Harry C. Nickens/Bob Yes No Abs
Denied ( ) L. Johnson Garrett x
Received ( ) Johnson x
Referred McGraw x
To• Nickens x
Robers —x
cc: File
Phillip Henry
COMMONWEALTH of VlRQINIA
DEPARTMENT OF TRANSPORTATION
1401 EAST BROAD STREET
RAY D. PETHTEL RICHMOND, 23219
COMMISSIONER November 1, 1988
Secondary System
Additions
Roanoke County
Board of Supervisors
County of Roanoke
P. 0. Box 29800
Roanoke, VA 24018
MEMBERS OF THE BOARD:
OSCAR K. MABRY
DEPUTY COMMISSIONER
As requested in your resolution dated August 9, 1988, the following
additions to the Secondary System of Roanoke County are hereby approved,
effective October 31, 1988.
ADDITIONS
1mr-I'Ad&MI
CHEROKEE HILLS
Route 1230 (White Eagle Lane) - From Route 1161 to
Route 1231. 0.06 Mi.
Route 1231 (Buffalo Circle) - From 0.04 mile Southeast
of Route 1230 to 0.03 mile Northwest of Route 1232. 0.15 Mi.
Route 1232 (Blackhawk Circle) - From Route 1231 to
a Southwest cul-de-sac. 0.04 Mi.
Route 1233 (Tee Pee Lane) - From Route 1161 to Route
1234. 0.07 Mi.
Route 1234 (Warrior Drive) - From Route 1233 to a
Southeast cul-de-sac. 0.20 Mi.
Route 1235 (Buckskin Lane) - From Route 1161 to 0.08
mile North of Route 1161. 0.08 Mi.
Route 1237 (Canoe Circle) - From Route 1161 to a
North cul-de-sac. 0.07 Mi.
Board of Supervisors
November 1, 1988
Page Two
Route 1238 (Warbonnet Road) - From Route 1161 to
0.03 mile North of Route 1239. 0.10 Mi.
Route 1239 (Tomahawk Circle) - From Route 1238 to
a West cul-de-sac. 0.09 Mi.
Route 1240 (Scout Circle) - From Route 1161 to a
Southwest cul-de-sac. 0.09 Mi.
Sincerely,
Oscar K. Mabry
Deputy Commissioner
AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 22, 1988
RESOLUTION 112288-3.c REQUESTING CHANGES IN THE
SECONDARY SYSTEM DUE TO RELOCATION AND RECONSTRUCTION
OF BROOKRIDGE ROAD (ROUTE 660)
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That this matter came this day to be heard upon the
proceedings herein, and upon the application of Brookridge Road
(Route 660), that this Secondary Route from 1.462 miles north of
the Roanoke/Franklin County line to 1.538 miles north of the
Roanoke/Franklin County line, a distance of 0.076 miles, has been
altered and a new road has been constructed and approved by the
State Transportation Commissioner, which new road serves the same
citizens as the road so altered;
2. That certain sections of this new road follow new
locations, these being shown on the attached sketched titled
"Changes in Secondary System Due to Relocation and Construction
on Route 660, Project 0660-080-173,M502, dated at Richmond,
Virginia July 6, 1988."
3. That the portions of Secondary Route 660 (Section #2)
shown in red on the aforementioned sketch for a total distance of
0.076 miles be, and hereby is, added to Secondary System of State
Highways, pursuant to Section 33.1-229 of the Code of Virginia,
as amended 1988;"
4. And further, that the sections of old location,
(Section #1) shown in blue on the aforementioned sketch, for a
total distance of 0.08 miles, be, and the same hereby is,
abandoned as a public road, pursuant to Section 33.1-155 of the
Code of Virginia, as amended 1988.
On motion of Supervisor Nickens, seconded by Supervisor
Johnson and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
A COPY TESTE:
Mary H. Allen, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Phillip Henry, Director, Engineering
Arnold Covey, Director, Development & Inspections, and
Copy for Virginia Department of Transportation
2
AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 22, 1988
RESOLUTION 112288-3.d REQUESTING ACCEPTANCE OF
PAST TIMES LANE INTO VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That this matter came this day to be heard upon the
proceedings herein, and upon the application of Past Times Lane
from its intersection with Labaqn Road (Route 849) to the
terminus at the cul-de-sac for a distance of 0.09 miles, to be
accepted and made a part of of the Secondary System of State
Highways under Section 33.1-229 of the Virginia State Code.
2. That it appears to the Board that drainage easements
and a fifty (50) foot right-of-way for said road have been
dedicated by virtue of a certain map known as Junipine
Subdivision which map recorded in Plat Book 10, Book 37, of the
records of the Clerk's Office of the Circuit Court of Roanoke
County, Virginia, on December 23, 1986 and that by reason of the
recordation of said map no report from a Board of Viewers, nor
consent or donation of right-of-way from the abutting property
owners is necessary. The Board hereby guarantees said
right-of-way for drainage.
3. That said road known as Past Times Lane and which is
shown on a certain sketch accompanying this Resolution, be, and
the same is hereby established as public road to become a part of
the State Secondary System of Highways in Roanoke County, only
from and after notification of official acceptance of said
street or highway by the Virginia Department of Transportation.
On motion of Supervisor Nickens, seconded by Supervisor
Johnson and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
A COPY TESTE:
Mary H. Allen, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Phillip Henry, Director, Engineering
Arnold Covey, Director, Development & Inspections, and
Copy for Virginia Department of Transportation
K
AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 22, 1988
RESOLUTION 112288-3.e REQUESTING ACCEPTANCE OF
RANCHCREST DRIVE, SNOW OWL DRIVE AND GOLDEN EAGLE
LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That this matter came this day to be heard upon the
proceedings herein, and upon the application of Ranchcrest Drive
from its intersection with Merriman Road (Route 613) to the
intersection of Snow Owl Drive for a distance of 0.11 miles, Snow
Owl Drive from its intersection with Golden Eagle Lane to the end
of cul-de-sac and intersecting with Merriman Road for a distance
of 0.21 miles, and Golden Eagle Lane from cul-de-sac to
cul-de-sac and intersecting with Golden Eagle Lane for a distance
of 0.14 miles, to be accepted and made a part of the Secondary
System of State Highways under Section 33.1-229 of the Virginia
State Code.
2. That it appears to the Board that drainage easements
and a fifty (50) foot right-of-way for said road have been
dedicated by virtue of a certain map known as Penn Forest Hills
Subdivision which map was recorded in Plat Book 10, Page 63, of
the records of the Clerk's Office of the Circuit Court of Roanoke
County, Virginia, on May 21, 1987, and that by reason of the
recordation of said map no report from a Board of Viewers, nor
consent or donation of right-of-way from the abutting property
owners is necessary. The Board hereby guarantees said
right-of-way for drainage.
3. That said road known as Ranchcrest Drive, Snow Owl
Drive and Golden Eagle Lane and which is shown on a certain
sketch accompanying this Resolution, be, and the same is hereby
established as public road to become a part of the State
Secondary System of Highways in Roanoke County, only from and
after notification of official acceptance of said street or
highway by the Virginia Department of Transportation.
On motion of Supervisor Nickens, seconded by Supervisor
Johnson and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
A COPY TESTE:
Mary H- Allen, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Phillip Henry, Director, Engineering
Arnold Covey, Director, Development & Inspections, and
Copy for Virginia Department of Transportation
2
AT THE REGULAR MEETING OF THE BOARD OFOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 22, 1988
RESOLUTION 112288-3.f REQUESTING ACCEPTANCE OF
FORT LEWIS CIRCLE INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That this matter came this day to be heard upon the
proceedings herein, and upon the application of Fort Lewis Circle
from its intersection with Locust Grove Lane (Route 1110) to the
terminus at the cul-de-sac for a distance of 0.11 miles, to be
accepted and made a part of of the Secondary System of State
Highways under Section 33.1-229 of the Virginia State Code.
2. That it appears to the Board that drainage easements
and a fifty (50) foot right-of-way for said road have been
dedicated by virtue of a certain map known as Fort Lewis Village
which map was recorded in Plat Book 9, Page 125, of the records
of the Clerk's Office of the Circuit Court of Roanoke County,
Virginia, on January 1, 1973 and that by reason of the
recordation of said map no report from a Board of Viewers, nor
consent or donation of right-of-way from the abutting property
owners is necessary. The Board hereby guarantees said
right-of-way for drainage.
3. That said road known as Fort Lewis Circle and which is
shown on a certain sketch accompanying this Resolution, be, and
the same is hereby established as public road to become a part of
the State Secondary System of Highways in Roanoke County, only
from and after notification of official acceptance of said
street or highway by the Virginia Department of Transportation.
On motion of Supervisor Nickens, seconded by Supervisor
Johnson and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
A COPY TESTE:
Mary H. Allen, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Phillip Henry, Director, Engineering
Arnold Covey, Director, Development & Inspections, and
Copy for Virginia Department of Transportation
0
AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 22, 1988
RESOLUTION 112288-3.g REQUESTING ACCEPTANCE OF
GREEN RIDGE COURT INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That this matter came this day to be heard upon the
proceedings herein, and upon the application of Green Ridge Court
from its intersection with Wood Haven Road (Route 628) to the
terminus at the cul-de-sac for a distance of 0.16 miles, to be
accepted and made a part of the Secondary System of State
Highways under Section 33.1-229 of the Virginia State Code.
2. That it appears to the Board that drainage easements
and a fifty (SO) foot right-of-way for said road have been
dedicated by virtue of a certain map known as Green Ridge Village
Subdivision which map was recorded in Plat Book 10, Page 110, of
the records of the Clerk's Office of the Circuit Court of Roanoke
County, Virginia, on October 29, 1987 and that by reason of the
recordation of said map no report from a Board of Viewers, nor
consent or donation of right-of-way from the abutting property
owners is necessary. The Board hereby guarantees said
right-of-way for drainage.
3. That said road known as Green Ridge Court and which is
shown on a certain sketch accompanying this Resolution, be, and
the same is hereby established as public road to become a part of
the State Secondary System of Highways in Roanoke County, only
from and after notification of official acceptance of said
street or highway by the Virginia Department of Transportation.
On motion of Supervisor Nickens, seconded by Supervisor
Johnson and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
A COPY TESTE:
Mary H. Allen, Deputy Clerk
Roanoke County Board of Supervisors
cc: rile
Phillip Henry, Director, Engineering
Arnold Covey, Director, Development & Inspections, and
Copy for Virginia Department of Transportation
2
A -112288-3.h
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: NOVEMBER 22, 1988
SUBJECT: Acceptance of water and sewer facilities serving
Junipine Subdivision
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The developers of Junipine Subdivision, Townside
Construction have requested that Roanoke County accept the Deed
conveying the water and sewer lines serving the subdivision along
with all necessary easements.
The water and sewer lines are installed, as shown on plans
prepared by Buford T. Lumsden & Associates entitled Junipine,
dated November 18, 1986, which are on file in the Engineering
Department. The water and sewer line construction meets the
specifications and the plans approved by the County.
FISCAL IMPACT:
The values of the water and sewer construction are $5720.00
and $13964.00 respectively.
RECOMMENDATION:
The staff recommends that the Board of Supervisors accept the
water and sewer facilities serving the subdivision along with all
necessary easements, and authorize the County Administrator to
execute a Deed for the transfer of these facilities.
SUBMITTED BY:
Phillip T. Henry, P. E.
Director of Engineerin
APPROVED:
Elmer C. Hodge
County Administrator
�g
------------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Harry C. Nickens/ No Yes Abs
Denied ( ) Bob L. Jo nson Garrett x
Received ( ) Johnson x
Referred McGraw x
To Nickens x
Robers x
cc: File
Phillip Henry
Cliff Craig
2
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Acceptance of Water and Sewer facilities
COMMUNITY SERVICES Junipine Subdivision
AND DEVELOPMENT 3
A -112288-3.i
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: NOVEMBER 22, 1988
SUBJECT: Acceptance of water and sewer facilities serving Penn
Forest Hills
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The developers of Penn Forest Hills, Region Properties, Inc.
have requested that Roanoke County accept the Deed conveying the
water and sewer lines serving the subdivision along with all
necessary easements.
The water and sewer lines are installed, as shown on plans
prepared by Buford T. Lumsden & Associates entitled Penn Forest
Hills, dated April 27, 1987, which are on file in the Engineering
Department. The water and sewer line construction meets the
specifications and the plans approved by the County.
FISCAL IMPACT:
The values of the water and sewer construction are $44678.00
and $70347.00 respectively.
RECOMMENDATION:
The staff recommends that the Board of Supervisors accept
the water and sewer facilities serving the subdivision along with
all necessary easements, and authorize the County Administrator
to execute a Deed for the transfer of these facilities.
SUBMITTED BY:
Phillip T. Henry, P.V.
Director of Engineering
APPROVED:
Elmer C. Hodge
County Administrator
Approved (x)
Denied ( )
Received ( )
Referred
To
ACTION
Motion by: Harry C. Nickens/
Bob L. Jo nson
cc: File
Phillip Henry
Cliff Craig
2
VOTE
No Yes Abs
Garrett
x
Johnson
x
McGraw
x
Nickens
x
Robers
x
Acceptance of Water. and Sewer Facilities
COMMUNITY SERVICES Serving Penn Forest Hills
AND DEVELOPMENT
3
Penn Forest`
-- -
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Blow -Off
39
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Acceptance of Water. and Sewer Facilities
COMMUNITY SERVICES Serving Penn Forest Hills
AND DEVELOPMENT
3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRA'PION
CENTER ON TUESDAY, NOVEMBER 22, 1988
RESOLUTION 112288-3.j SUPPORTING THE ROANOKE
VALLEY CHAMBER OF COMMERCE APPLICATION TO THE
DEPARTMENT OF ECONOMIC DEVELOPMENT FOR A SMALL BUSINESS
ASSISTANCE CENTER
WHEREAS, the Roanoke Valley Chamber of Commerce will submit
a 1988 application for Department of Economic Development Funds;
and,
WHEREAS, the Department of Economic Development has allo-
cated $200,000 for the establishment of Small Business Assistance
Centers from which the Roanoke Valley Chamber of Commerce will
request $75,000; and,
WHEREAS, the Roanoke Valley Chamber of Commerce will use the
requested funds to assist in the development of small businesses
in the Roanoke Metropolitan Statistical Area; and,
WHEREAS, small business start-ups and expansions generated
over 61 percent of all new jobs from 1976 to 1984; and,
WHEREAS, small firms are important to the develoment and
introduction of new goods and services to the public.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors
of Roanoke County, Virginia, said Board supports the Roanoke
Valley Chamber of Commerce application to the Department of
Economic Development for funding of a Small Business Assistance
Center in its efforts to assist in the development of small
businesses.
On motion of Supervisor Nickens, seconded by Supervisor
Johnson and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
A COPY TESTS:
Mary H. Allen, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Tim Gubala, Director, Economic Development
Roanoke Valley Chamber of Commerce
Virginia Department of Economic Development
2
cc:
AMENDED 12/2/88 TO ADD THIRD VOTE
ACTION # A-112288-4
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: November 22, 1988
AGENDA ITEM:
Appropriation of Department of Justice Funds for
the Roanoke County Sheriff's Department
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Roanoke County receives monies from the Department of
Justice generated from the sale of goods confiscated from drug
arrests in Roanoke County. At this time, we have collected a
total of $61,147.81. Before these funds can be spent, they must
be appropriated by the Board of Supervisors. The receipt and
expenditure of these funds will be recorded in a separate fund
for ease of monitoring. The funds can only be used for law
enforcement activities relating to illegal drugs. In addition,
the Board is requested to appropriate $6,200 in donated funds to
the Sheriff's operating budget.
STAFF RECOMMENDATION:
Staff recommends the appropriation of funds from the
Department of Justice in the amount of $61,147.81 to be spent for
drug enforcement activities only and $6,200 to the Sheriff's
operating budget.
Respectfully submitted,
Approved by,
n
Reta R. Busher Elmer C. H dge
Director'of Management and Budget County Administrator
------------------------------------------------------------------
ACTION VOTE
Approved ( ) Motion by: (1) Johnson/Robers to separateNo YesoXbP )
Denied ( ) two requests - URC Jo nson Garrett x
Received ( ) Ro ers to approve appropriation oJohnson x
Referred 61,147.81 for drug enforcement McGraw x
To with stipulation that Finance Dept4ickens x
& County Atty establish mechanismRobers x
or tracking of funds and intent of allocation
File (3) Johnson/McGraw to continue to 12/13/88 for
Reta Busher appropriation of $6,200 so Sheriff can advise board
Sheriff Kavanaugh money will be spent. Unanimous Roll Call Vote.
Diane Hyatt
Paul Mahoney
Fred Anderson, Treasurer
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRA`I'I.ON
CENTER ON TUESDAY, NOVEMBER 22, 1.988
RESOLUTION 112288-5 REQUESTING THE
GENERAL ASSEMBLY FOR THE COMMONWEALTH OF
VIRGINIA TO AMEND THE CHARTER FOR ROANOKE
COUNTY
WHEREAS, Article VII, Section 2 of the Constitution of
Virginia, and Chapter 17 of Title 15.1 of the Code of Virginia
authorizes the General Assembly to grant a governmental charter
to a county or to amend an existing charter; and
WHEREAS, the 1986 General Assembly granted Roanoke
County a charter, as found in the 1986 Acts of Assembly, Chapter
617; and
WHEREAS, the Roanoke County Board of Supervisors finds
that certain amendments thereto are necessary for the public
health, safety, and welfare of the County, and for more efficient
and effective local government; and
WHEREAS, Roanoke County has complied with the provi-
sions of Section 15.1-835 of the Code of Virginia, and has held a
public hearing on these proposed charter amendments on November
22, 1988, after due legal notice, at which the citizens had the
opportunity to be heard concerning these proposed charter amend-
ments.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervi-
sors of Roanoke County, Virginia, that the General Assembly for
the Commonwealth of Virginia is hereby requested to amend the
charter for Roanoke County, Virginia. These charter amendments
to Section 2.02 Taxing Powers; Section 8.03 Additional. Powers,
Commissioner of the Revenue; and Section 9.03 Board of Zoning
Appeals are attached hereto and incorporated herein by reference
for submission as a bill for consideration by the General
Assembly.
On motion of Supervisor Nickens to separate issues, seconded
by Supervisor Johnson and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
On motion of Supervisor Nickens to approve Section 2.02,
Meals Tax, Section 8.03, Enforcement of Auto Decal by
Commissioner of Revenue, seconded by Supervisor McGraw and
carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
On motion of Supervisor Johnson to approve Section 9.03
Appointment of BZA by Board of Supevisors, seconded by Supervisor
Robers and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Robers, Garrett
NAYS: Supervisor Nickens
A COPY TESTE:
Mary H. Allen, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Paul Mahoney, County Attorney
Director, Planning Department
Director, Zoning Department
The Honorable R. Wayne Compton, Commissioner of Revenue
The Honorable Alfred C. Anderson, Treasurer
2
t
AT A RBSULAR MFT --'P 1 NC OIC' '.I9 [E BOARD OF SUPPI�VISORS Or ROANOIU
COUNTY, VIRGINIA, IIJKLD AT '[TiE ROANOKE OO(Jf PY ADMINTSrIRATION
CENIU� ON TUESDAY, N9011BFR 22, 1988
ORDINANCE 112288-6 AMENDING AND REENACTING CHAPTER 10,
LICENSES, AND PROVIDING FOR A PERMIT FEE FOR SOLICITOR'S PERMITS
WHEREAS, Virginia Code Section 58.1 confers on local governments the
authority to levy, assess, and collect license taxes on businesses, trades,
professions, occupations, and callings and upon the persons, firms, and
corporations engaged therein; and
WHEREAS, the Charter of the County of Roanoke, Acts of Assembly, Chapter
616 (1986), Section 2.02, provides that Roanoke County shall have the power to
require licenses; to prohibit the conduct of any business, profession,
vocation, or calling without such license; and to requires taxes to be paid on
such licenses for all businesses, professions, violations, and callings not
exempted by prohibition of general law; and
WfREAS, the County of Roanoke wishes to exercise the above-described
powers in order to distribute the tax burden of the County and to collect
revenue in support of the operation of government; and
WHEREAS, after an opportunity for the citizens of this County to be heard
upon this matter at a public hearing held on November 22, 1988; and
WHEREAS, the first reading of this ordinance was held on November 9,
1988; and the second reading on this ordinance was held on November 22, 1988.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That Chapter 10, Licenses, of the Code of Roanoke County be, and
hereby is, amended and reenacted by the addition of the following business
license ordinance to read and provide as follows:
ARTICLE; 1.
IN GENERAL
Sec. 10-1. Definitions.
As used in this chapter and as applied to the business, trade, or occupa-
tion subject to the license taxes hereinafter set forth and not specifically
otherwise taxed:
(a) Gross expenditures shall mean all expenditures incurred in connec-
tion with the acquisition or lease of real property, including cash, credits,
fees, commissions, brokerage charges and rentals; all expenditures incurred in
connection with the improvement or development of such property by force
account, including costs of all labor involved in such improvement or develop-
ment, cost of materials and supplies, equipment rental or an equivalent charge
therefor if equipment is owned by the builder or developer; and any other ex-
penditure of whatever description incurred in connection with the improvements
or development by force account of such property. The term "gross expendi-
tures" shall not include amounts expended for interest on or payment of princi-
pal of debt incurred in connection with such improvement or development work.
(b) Gross receipts shall mean the gross receipts from any business, pro-
fession, trade, occupation, vocation, calling or activity, including cash,
credits, fees, commissions, brokerage charges and rentals; property of any
kind, nature or description from either sales made or services rendered with-
out any deduction therefrom on account of cost of the property sold, the cost
of materials, labor or service or other costs, interest, or discounts paid, or
any expense whatsoever; and shall include in the case of merchants the amount
of the sale price of supplies and goods furnished to or used by the licensee
or his family or other person for which no charge is made; provided, however,
that the term "gross receipts" with respect to manufacturers and wholesale
2
merchants manufacturing or dealing in articles upon which there is levied a
direct excise tax by the United States shall exclude such excise tax payments
to the United States government; provided further, that wholesale and retail
dealers in petroleum products on which the state levies a motor vehicle fuel
tax shall exclude such tax payments to the state to the same extent that the
tax has first been included in the "gross receipts"; provided further, that
retail motor vehicle dealers shall deduct trade-in allowances credited on
sales of both new and used motor vehicles; provided further, in computing the
gross receipts of licensees under section 10-34 of this Code, the licensees
shall be permitted to claim as a deduction the amount of salary paid to any
person employed by them who is duly licensed in the same profession, under
such section.
The term "gross receipts" when used in connection with, or in respect to
financial transactions involving the sale of notes, stocks, bonds or other
securities; the loan, collection or advance of money; or the discounting of
notes, bills, or other evidence of debt, shall be deemed to mean the gross
interest, gross discount, gross commission, or other gross receipts earned by
means of, or resulting from such financial transactions, but the term "gross
receipts" shall not include amounts received as payment of debts.
The term "gross receipts" shall include the gross receipts from all sales
made or services rendered or activities conducted from a place of business
within the county, both to persons within the county and to persons outside
the county.
In this connection the word "person" shall be construed to include govern-
mental agencies.
The calculation of gross receipts for license tax purposes shall be on
either a cash or actual basis; provided, however, that the basis used must
3
coincide with the system of accounts used by the taxpayer and the method em-
ployed by the taxpayer for federal and state income tax purposes.
(c) License tax year. The license tax year shall be from January 1 to
December 31.
(d) Person shall include individuals, firms, copartnerships, corpora-
tions, companies, associations, or joint stock corporations; and it shall in-
clude any trustee, receiver, assignee, or personal representative thereof
carrying on or continuing a business, profession, trade, or occupation. This
definition shall not include a trustee, receiver, or other representative duly
appointed by a court to liquidate assets for immediate distribution; or a ser-
geant, sheriff, or deputy selling under authority of process or writ of a
court of justice.
Sec. 10-2. Business, trade, etc., subject to tax; gross receipts earned out-
side the County.
(a) Each and all of the taxes hereinafter imposed are in all cases im-
posed upon the privilege of doing business or exercising a profession, trade,
or occupation in the county, including all phases of the business, profession,
trade or occupation conducted in the county.
(b) As to businesses, professions, trades, or occupations for which a
gross receipts license is levied on persons having a definitely established
place of business or maintaining an office in the county, it is the policy of
the county to require that all gross receipts derived from the business, pro-
fession, trade, or occupation shall be included in their licensing basis in
conformance with Section 10-1(b); provided, that in cases where their busi-
ness, profession, trade, or occupation requires the performance of certain
4
activities without the county, and they become subject to and pay a licensing
tax to a foreign taxing jurisdiction based on gross receipts derived from
activities conducted within a foreign taxing jurisdiction, they shall be per-
mitted to deduct such gross receipts taxed by the foreign taxing jurisdiction
in arriving at their licensing basis. In all cases such deduction must first
be included in their total gross receipts.
(c) As to businesses, professions, trades, or occupations on which a
gross receipts license tax is levied, and which are carried on or conducted
only in part within the county limits by persons having no definitely estab-
lished place of business or maintaining no office within Roanoke County, it is
the policy of the county to subject such persons to the same provisions, condi-
tions, and rates that persons having a definitely established place of busi-
ness or maintaining an office within the county are subjected to; and, in such
cases where only part of the business, profession, trade, or occupation is so
conducted or carried on within the county, the tax liability shall be measured
by only that portion of the business, profession, trade, or occupation con-
ducted or carried on within the county limits.
(d) In this connection the term "foreign taxing jurisdiction" shall be
construed as limited to other counties, cities, and towns of the Commonwealth
of Virginia.
State law reference - Code of Virginia Section 58.1-3708, 3709.
Sec. 10-3. Levying of license taxes.
For each and every year beginning with January 1 of each year and ending
December 31 following, until otherwise changed, there are hereby levied and
there shall be collected the annual license taxes hereinafter set forth in
5
this chapter, except as otherwise specifically provided in this chapter, on
persons conducting or engaging in any business, trade, or occupation in the
county hereinafter set forth in this chapter, which license taxes shall be for
the support of the county government, the payment of the county debt, and for
other county purposes.
State law reference - Code of Virginia Section 58.1-3703.
Sec. 10-4. Application for license; duties of commissioner.
(a) All persons embraced by this chapter, unless otherwise specifically
provided, shall make application for licenses to the commissioner of the reve-
nue by January 31 of each year. The commissioner of the revenue shall furnish
the necessary forms, which shall be properly filled in with such information
as the commissioner may require. Every applicant for a license to conduct any
business, profession, trade, or occupation under the provisions of this chap-
ter shall furnish the commissioner of the revenue in writing with his correct
name and trade name; his correct residence address; the nature of the busi-
ness, profession, trade, or occupation to be pursued; the place where it is to
be pursued; and a record of gross receipts verified by oath for the preceding
twelve (12) months; as well as such other information as may be required by
the commissioner of the revenue. The commissioner shall compute the amount of
license tax and after payment shall issue the license, subject to zoning certi-
fication as provided in Section 10-7.
(b) It shall be unlawful and a violation of this chapter for any person
to make false statements with intent to defraud in any application, return or
affidavit required by this chapter. Such violation shall constitute (i) a
Class 3 misdemeanor if the amount of the tax lawfully assessed in connection
0
with the return is $1,000.00 or less, or (ii) a Class 1 misdemeanor if the
amount of the tax lawfully assessed in connection with the return is more than
$1,000.00. Upon conviction under this section, the Commissioner of the Reve-
nue shall revoke all licenses of the business for the balance of the tax year.
(c) No license issued pursuant to this chapter shall be valid or effec-
tive unless and until the tax required shall be paid to the county treasurer
and such payment shall be shown on the license.
(d) The commissioner of the revenue shall report monthly to the trea-
surer the aggregate amount of license taxes assessed during the month and
placed in the hands of the treasurer for collection.
State law reference - Code of Virginia Section 58.1-3916.1.
Sec. 10-5. Payment of tax.
All license taxes imposed by this chapter, except as herein provided,
shall become due and payable on or before January thirty-first of each license
tax year. In all cases where the person shall begin the business, profession,
trade, or occupation upon which a license tax is imposed after January first
of the license tax year, such license tax shall become due and payable within
thirty (30) days of the commencement of the business, profession, trade or
occupation.
State law reference - Code of Virginia Section 58.1-3916.
Sec. 10-6. Penalty and interest for failure to pay license tax when due.
There shall be a penalty of ten (10) percent, with a minimum of ten dol-
lars ($10.00), added to all license taxes imposed under the provisions of this
%I
chapter that are unpaid on January thirty-first of the current license year or
in the case of any person first engaging in a business, profession, trade, or
occupation, within thirty (30) days of the day he first engages in such busi-
ness, profession, trade, or occupation.
In addition to such penalty, interest at the rate of ten (10) percent per
annum shall accrue and be added to all due and unpaid taxes and penalties be-
ginning with the first day following the imposition of the penalty; provided,
however, that for the second and subsequent years of delinquency, such inter-
est shall be at the rate established pursuant to Section 6621 of the U. S.
Internal Revenue Code of 1986, 26 U.S.C. § 6621, as amended, but not less than
ten (10) percent. Taxes and penalties herein provided shall be assessed and
collected in the manner provided by law for the enforcement of the collection
of other taxes.
State law reference - Code of Virginia Section 58.1-3916.
Sec. 10-7. Duty of applicant to ascertain zoning.
It shall be the duty of every person applying for a business license to
ascertain whether the location for the conducting of such business, profes-
sion, trade, or occupation is properly zoned and has any necessary use permit
before making application for such business license. The commissioner of the
revenue, in any case where he suspects the location is not properly zoned for
the type of business, profession, trade, or occupation proposed by the appli-
cant, shall refuse to issue such business license until a certificate is
issued by the zoning administrator stating that the location is properly zoned
and the necessary use permit, if any, has been granted. The issuance of a
8
business license by the commissioner of the revenue shall not be deemed to be
approval by the county of zoning compliance.
Sec. 10-8. Each place of business to have separate license; multiple busi-
nesses at same location.
(a) No license shall be issued under the terms of this chapter to cover
more than one place of business, and applicants shall be required to take out
separate licenses for each place in which the business, profession, trade, or
occupation to be licensed is pursued. Any person operating a business in more
than one definite place and keeping one set of records for the accumulated
transactions may take out a minimum license on each location in the county
other than the main place of business and may deduct such sums paid for the
minimum license from the total tax due when all gross receipts are attributed
to such main place of business.
(b) If any applicant is engaged in two (2) or more businesses, profes-
sions, trades, or occupations all subject to the same rate, all measured by
the same base, and all carried on at the same place of business, he may obtain
one license for all such businesses, professions, trades, or occupations, but
all information for each, as herein otherwise required, shall be given and
shall appear on the forms.
State law reference - Code of Virginia Section 58.1-3708(E).
Sec. 10-9 Persons liable for license tax to keep record of gross receipts.
(a) Every person liable for a license tax under this chapter, which tax
is based on gross receipts or gross expenditures, shall keep all records and
G'1
accounts necessary to compute and to verify such gross receipts or gross expen-
ditures, and the report of such gross receipts or gross expenditures shall be
taken from such records. All such records and general books of account shall
be open to inspection and examination by any authorized representative of the
county, and shall be maintained for a period of five (5) years.
(b) Each licensee whose license is measured by gross receipts or gross
expenditures shall submit to the commissioner of the revenue, not later than
January 31 of each year, a report of his gross receipts or gross expenditures
for the preceding year.
(c) In those cases in which the conduct of the business, profession,
trade, or occupation involves operations subject to more than one (1) rate or
computed on more than one (1) base, as hereinafter set forth, the licensee is
hereby required to maintain separate accounts for each such operation; pro-
vided, however, that the licensee may elect to maintain a single account for
all operations tax in which case the entire business license shall be computed
at the highest rate applicable to any part of the business taxed on gross
receipts.
(d) If any licensee shall fail to maintain the records required in this
section, regularly supported by customary vouchers, the commissioner of the
revenue is hereby authorized and directed to estimate the taxpayer's gross
receipts or gross expenditures on the basis of the best evidence he can ob-
tain, and the commissioner of the revenue shall make an assessment on the ba-
sis of such determination.
State law reference - Code of Virginia Section 58.1-3109(b).
M
Sec. 10-1.0. Licenses for persons beginning business, profession, etc.
(a) Every person beginning a business, profession, trade, or occupation
which is subject to a license tax under the provisions of this chapter and is
based in whole or in part on gross receipts or gross expenditures, shall esti-
mate the amount of the gross receipts he will receive or the gross expendi-
tures he will incur between the date of beginning business and the end of the
then -current year, and his license tax for the then -current year shall be com-
puted on such estimate.
(b) Whenever a license tax is so computed upon the estimated gross re-
ceipts or gross expenditures, any erroneous estimate shall be subject to cor-
rection and the commissioner of the revenue shall assess such person with any
additional license tax found to be due after the end of that license year, and
shall at the same time correct the estimate for the then current license year,
until a full year of operation shall have been completed, and in case of an
over-estimate the taxpayer shall be entitled to a credit upon his license tax
payable the following year.
Sec. 10-11. Payment of license tax by corporations, partnerships, etc.
When the business, trade, or occupation licensed is conducted by a corpor-
ation or partnership, or by an employer of persons who would otherwise be lia-
ble for a license tax, and the license tax is imposed upon the gross receipts
or gross expenditures thereof, then the license tax shall be paid by the corpo-
ration or partnership, or employer; and when so paid it shall be deemed to
discharge the license tax liability of the officers and employees of such cor-
poration, and of the partners and employees of such partnership and of such
persons employed by an employer who would otherwise be liable to such license
tax, insofar as the business of such licensed corporation, partnership or em-
ployer is concerned. This section shall not apply to "professional services,"
as defined in Section 10-34.
Sec. 10-12. Transfer of licenses.
(a) Licenses issued under the provisions of Article II of this chapter,
except as otherwise provided, may be transferred from one person to another or
from one location to another; provided that no such transfer shall be valid
unless and until notice in writing is given to the commissioner of the revenue
of the proposed transfer, which notice shall contain the name, trade name, if
any, and the address of the proposed transferee; the proposed new location, if
any; and the effective date of the proposed transfer; and the commissioner of
the revenue may approve such transfer upon being satisfied of the good faith
thereof. Failure to notify the commissioner of the revenue of the transfer of
a license within thirty (30) days of such transfer shall invalidate such li-
cense and such invalidated license shall not be subject to refund as provided
by Section 10-15 of this Code.
(b) It is specifically provided, however, that if the transferor's li-
cense for the current license year has been based on an estimate of gross re-
ceipts or gross expenditures, as provided in Section 10-1(a) and (b) of this
chapter, the transferor shall reveal his gross receipts or gross expenditures
for the period he was in business during the current license year and if the
accumulation of gross receipts or gross expenditures by transfer date shall
exceed the original estimate, the transferee shall be required to amend the
license by an estimate of the gross receipts or gross expenditures he will
12
incur between the day of beginning business and the end of the current license
year.
(c) Licenses issued under the provisions of Article III shall not be
transferred from one person to another but may be transferred from one
location to another within the County of Roanoke.
Sec. 10-13. Display of form, decal or sign issued in evidence of license.
Every person required to obtain a license under the provisions of this
chapter shall keep the form, decal, or sign issued in evidence thereof as pres-
cribed by the commissioner of the revenue in a convenient and conspicuous
place, and whenever required to do so shall exhibit the same to any authorized
enforcement officer of the county.
Sec. 10-14. Assessment of license taxes found for years past.
If the commissioner of the revenue ascertains that any person has not
been assessed with a license tax levied under the terms of this chapter for
any license tax year of the three (3) license tax years last past, and the
absence of such assessment was not due to the fraudulent intent to evade taxes
on the part of such person, it shall be the duty of the commissioner of the
revenue to assess such person with the proper license tax for the year or
years omitted. Penalty and interest at the rate provided under Section 10-6
shall accrue thereon from the date of such assessment until payment; provided,
if such assessment was necessitated through no fault of the taxpayer, such
penalty and interest shall accrue after thirty (30) days from such date of
assessment until payment.
13
State law reference - Code of Virginia Section 58.1-3903.
Sec. 10-15. Certification of erroneous assessment; refunds when licensee
ceases to do business.
(a) The commissioner of the revenue is empowered to certify to the trea-
surer any instances of erroneous assessments. Upon receipt of such certifi-
cate the treasurer is directed to make a refund based upon the certificate of
the commissioner of the revenue.
(b) Licenses issued under the provisions of Article II of this chapter,
except those measured by other than gross receipts or gross expenditures,
shall be subject to refund where the licensee goes out of business before the
end of the current license year subject to all of the following qualifica-
tions:
(1) License for the current license year must be based on gross
receipts or gross expenditures obtained throughout the preced-
ing calendar year.
(2) The reason for going out of business is not connected in any
manner with the violation of any state law or local ordinance
or violation of any rules or regulations made pursuant there-
to.
(3) The amount of refund shall be determined in the following man-
ner: If the licensee goes out of business after January 1 and
before April 1, the refund shall be seventy-five (750) percent
of the tax paid; if the licensee goes out of business on or
after April 1 and before July 1, the refund shall be fifty
(50%) percent of the tax paid; and if the licensee goes out of
M
business on or after July 1 and before October 1, the refund
shall be twenty-five (25%) percent of the tax paid; but in no
case shall the refund reduce the tax below the minimum as pro-
vided by this Code.
(4) No refund shall be made of any minimum flat tax or of any
other flat license fee not based on gross receipts.
(c) Refunds based on licensee going out of business shall be made in the
same manner as herein provided for erroneous assessments.
(d) If any person seeking a refund is indebted to the county or any de-
partment or office thereof, or is indebted to any state constitutional office
of the county for a local levy, the refund, or so much thereof as is neces-
sary, shall first be applied to such indebtedness.
(e) Any person who has been properly issued a license may apply for a
refund prior to the date upon which the license was to become effective by
providing satisfactory evidence to the Commissioner of the Revenue that the
business was never commenced or the sale, show, performance or exhibition will
not take place. Upon being satisfied that such license was never in effect,
the Commissioner of the Revenue may authorize a refund of the license fee less
a thirty dollars ($30.00) processing fee.
State law reference - Code of Virginia Section 58.1-3980, 3981.
Sec. 10-16. Insufficient assessment; payment of additional tax found to be
due.
If the commissioner of the revenue ascertains that any assessment of a
license tax levied under the provisions of this chapter for any of the three
(3) license tax years last past or for the then -current license tax year was
15
for less than the correct amount, and the assessment of the license tax at the
lesser amount was not due to the licensee's fraudulent intent to evade taxes,
then the commissioner of the revenue shall assess the licensee with the addi-
tional license tax found to be due. Penalty and interest at the rate provided
under Section 10-6 shall accrue thereon from the date of the assessment until
payment; provided, if such assessment was necessitated through no fault of the
taxpayer, such penalty and interest shall accrue after thirty (30) days from
such date of assessment until payment.
State law reference - Code of Virginia Section 58.1-3903.
Sec. 10-17. License as personal privilege.
Every license issued under the provisions of this chapter shall be deemed
to confer a personal privilege to transact, carry on, or conduct the business,
profession, trade, or occupation which may be the subject of the license, and
shall not be exercised except by the persons licensed.
Sec. 10-18. Enforcement of chapter.
(a) In the enforcement of the provisions of this chapter the commission-
er of the revenue of the county, in addition to the powers herein specifically
granted, shall have all and the same enforcement authority with respect to
county licenses that state law confers upon commissioners of the revenue gen-
erally with respect to state licenses. As one of the means of ascertaining
the amount of any license tax due under the provisions of this chapter, or of
ascertaining any other pertinent information, the commissioner of the revenue
may require taxpayers or their agents or any person, firm, or officer of a
16
company or corporation to furnish information relating to tangible or intangi-
ble personal property, income, or license taxes of any and all taxpayers; and
require such persons to furnish access to books of account or other papers and
records for the purpose of verifying the tax returns of such taxpayers and
procuring the information necessary to make a complete assessment of any tax-
payer's tangible and intangible personal property, income, and license taxes
for the current year.
(b) The commissioner may, for the purpose of assessing all taxes assess-
able by his office, summon the taxpayer or any other person to appear before
him at his office, to answer under oath, questions touching the tax liability
of any and all specifically identified taxpayers. The commissioner shall not,
however, summon a taxpayer or other person for the tax liability of the tax-
payer which is the subject of litigation.
(c) Any person who refuses to (i) furnish to the commissioner of the
revenue access to books of account or other papers and records, (ii) furnish
information to the commissioner of the revenue relating to the assessment of
taxes, (iii) answer under oath questions touching any person's tax liability,
or (iv) exhibit to the commissioner of the revenue any subject of taxation
liable to assessment by the commissioner of the revenue, shall be deemed
guilty of a Class 4 misdemeanor. Each day's refusal to furnish such access or
information shall constitute a separate offense.
State law reference - Code of Virginia Section 58.1-3110, 3111.
17
ARTICLE II.
CLASSIFIED BUSINESS AND OCCUPATIONAL, LICENSE PROVISIONS
Sec. 10-30. Contractors and contracting; persons constructing on their own
account for sale.
(a) Every person engaged in the business of contracting and persons con-
structing on their own account for sale shall pay for the privilege an annual
license tax of sixteen cents ($0.16) per one hundred dollars ($100.00) of
gross receipts from the business during the preceding calendar year or thirty
dollars ($30.00), whichever is higher.
(b) "Contractor" means any person, firm or corporation:
(1) Accepting or offering to accept orders or contracts for doing
any work on or in any building or structure requiring the use
of paint, stone, brick, mortar, wood, cement, structural iron
or steel, sheet iron, galvanized iron, metallic piping tin,
lead, or other metal or any other building material;
(2) Accepting or offering to accept contracts to do any paving,
curbing, or other work on sidewalks, streets, alleys, or high-
ways, on public or private property, using asphalt, brick,
stone, cement, concrete, wood, on any composition;
(3) Accepting or offering to accept an order for or contract to
excavate earth, rock, or other material for foundation or any
other purpose or for cutting, trimming or maintaining rights-of-
way;
(4) Accepting or offering to accept an order or contract to con-
struct any sewer of stone, brick, terra cotta, or other mater-
ial;
ME
(5) Accepting or offering to accept orders or contracts for doing
any work on or in any building or premises involving the erect-
ing, installing, altering, repairing, servicing, or maintaining
electric wiring, devices, or appliances permanently connected
to such wiring; or the erecting, repairing or maintaining of
lines for the transmission or distribution of electric light
and power; or
(6) Accepting or offering to accept an order or contract to remod-
el, repair, wreck, or demolish a building; or
(7) Accepting or offering to accept an order or contract to bore or
dig a well; or
(8) Accepting or offering to accept an order or contract to in-
stall, maintain, or repair air-conditioning apparatus or equip-
ment; or
(9) Engaging in the business of plumbing and steam fitting.
State Law reference - Code of Virginia Sections 58.1-3706(A)(1) and 58.1-3714.
Sec. 10-31. Retail sales.
(a) Every person engaged in the business of retail sales shall pay for
the privilege an annual license tax of twenty cents ($0.20) per one hundred
dollars ($100.00) of gross receipts from the preceding license tax year or
thirty dollars ($30.00), whichever is higher.
(b) A retail sale is the sale of goods, wares, and merchandise for any
purpose other than resale.
(c) Any person who is both a wholesale merchant and a retail merchant is
subject to the retail license tax for the retail portion of the business and
the wholesale license tax for the wholesale portion of the business. Such
person may, however, obtain a retail license for both the retail and wholesale
portions of the business.
State Law reference - Code of Virginia Section 58.1-3706(A)(2).
Sec. 10-32. Financial services.
(a) Every person engaged in the business of providing a financial ser-
vice shall pay for the privilege an annual license tax in the amount of fifty
cents ($0.50) per one hundred ($100.00) of gross receipts from the occupation
during the preceding calendar year or thirty dollars ($30.00), whichever is
higher.
(b) Any person rendering a service for compensation in the form of a
credit agency, .an investment company, a broker or dealer in securities and
commodities or a security or commodity exchange is providing a financial ser-
vice, unless such service is specifically provided for under another section.
(c) Those engaged in rendering financial services include, but are not
limited to, the following:
Buying installment receivables
Chattel mortgage financing
Consumer financing
Credit card services
Credit unions
Factors
Financing accounts receivable
Industrial loan companies
Installment financing
20
Inventory financing
Loan or mortgage brokers
Loan or mortgage companies
Safety deposit box companies
Security and commodity brokers and services
Stockbroker
Working capital financing
Other money lenders
(d) Any person other than a national bank or a bank or trust company
organized under the laws of this state, or a duly licensed and practicing
attorney at law, who engages in the business of buying or selling for others
on commission or for other compensation, shares in any corporation, bonds,
notes or other evidences of debt is a stockbroker. The fact that orders are
taken subject to approval by a main office does not relieve the broker from
local license taxation. Also, an insurance company engaged in selling mutual
funds is a broker as to that portion of its business.
State Law reference - Code of Virginia Section 58.1-3706(A)(3).
Sec. 10-33. Real estate services.
(a) Every person engaged in the business of providing a real estate ser-
vice shall pay for the privilege an annual license tax in the amount of fifty
cents ($0.50) per one hundred dollars ($100.00) of gross receipts from the
business during the preceding calendar year or thirty dollars ($30.00), which-
ever is higher.
(b) Any person rendering a service for compensation as lessor, buyer,
seller, developer, agent or broker is providing a real estate service, unless
21
the service is specifically provided for under another section.
(c) Those rendering real estate services include, but are not limited
to, the following:
Appraisers of real estate
Escrow agent, real estate
Fiduciaries, real estate
Real estate agents, brokers, and managers
Real estate selling agents
Rental agents for real estate
State Law reference - Code of Virginia Section 58.1-3706(A)(3).
Sec. 10-34. Professional services.
(a) Every person conducting or engaging in the business of providing a
professional service shall pay for the privilege an annual license tax of
fifty cents ($0.50) per one hundred dollars ($100.00) of gross receipts from
the occupation during the preceding calendar year or thirty dollars ($30.00),
whichever is higher.
(b) A person is engaged in providing a professional service if engaged
in rendering any service specifically enumerated below or engaged in any occu-
pation or vocation in which a professed knowledge of some department of
science or learning, gained by a prolonged course of specified instruction and
study is used by its practical application to the affairs of others, either
advising, guiding, or teaching them, and in serving their interests or welfare
in the practice of an art or science founded on it. The word "profession"
implies attainments in professional knowledge as distinguished from mere
skill, and the application of knowledge to uses for others as a vocation.
22
Those engaged in rendering a professional service include, but are not
limited to, the following:
Architects
Attorneys -at -law
Certified public accountants
Dentists
Engineers
Land surveyors
Practitioners of the healing arts (as defined in Virginia Code Section
54-273(2)
Professional counselors (including certified alocholism or
drug counselors)
Psychologists
Social Workers
Surgeons
Veterinarians
(c) The performing of services dealing with the conduct of business it-
self, including the promotion of sales or services of such business and con-
sulting services, do not constitute the practice of a profession, even though
the services involve the application of a specialized knowledge.
(d) Certification as a professional by itself is not sufficient to estab-
lish liability for local license taxation. Also, the fact that a professional
is compensated by means of a salary is not sufficient by itself to relieve
that professional from local license tax liability.
(e) Gross receipts for purposes of local license taxation as a profes-
sional include only those gross receipts obtained from the practice of that
profession as a business, whether it be on a full or part-time basis, in corpo-
23
rate, partnership, sole proprietorship, or association form. It is the intent
of this section to tax individually those persons practicing a profession.
The measurement of each license in subsection (b) shall be as follows:
(1) Practice of a profession as an individual. Basis of each indi-
vidual license shall be "gross receipts" as defined in section
10-1.
(2) Practice of a profession as a member of a professional associa-
tion or as a member of a partnership. Basis of each individual
license shall be "gross receipts" as defined in section 10-1;
provided, however, that each individual license shall be mea-
sured by salary and such part of the gross receipts of the pro-
fessional association or partnership remaining after the pay-
ment of salaries to all members of the professional association
or partnership in the proportion of the interest or ownership
of the licensee in the association or partnership.
(3) Practice of a profession as an employee of another person prac-
ticing the same or related profession. Basis of each individ-
ual license shall be the amount of the salary paid. In such
case the salary may be claimed as a deduction from the license
basis of the employing professional person.
State Law reference - Code of Virginia Section 58.1-3706(A)(3).
Sec. 10-35. Repair service occupations.
(a) Every person conducting or engaging in any repair service occupa-
tion, business, or trade shall pay for the privilege an annual license tax of
24
thirty-four cents ($0.34) for each one hundred dollars ($100.00) of gross re-
ceipts from the occupation during the preceding calendar year or thirty dol-
lars ($30.00), whichever is higher.
(b) Repair service occupations include, but are not limited to:
Airplane repair
Auto repair, engine repair of any type
Bicycle repair
Business and office machines repair
Clothes, hats, carpets or rugs, repair of
Dressmaking, slip covers, drapery and/or curtain making (service only)
Furniture, upholstering, repair of
Gunsmith, gun repairing
Locksmith
Machine shop, boiler shop
Mattresses, repair of
Nickel and chrome plating
Paint shop, other than contractor
Radio, refrigerators, electrical appliance, home appliances, repair of
Reweaving
Road machines, farm machinery, repair of
Saw, tools, repair of
Shades, repair of
Shoe repair
Tire repair
Toys, repair of
Umbrellas, harness, leather goods, repair of
Washing, automatic -cleaning of automobiles
25
Watches, clocks, repair of
Welding shop
Other repair services.
State Law reference - Code of Virginia Section 58.1-3706(A)(4).
Sec. 10-36. Personal and business service occupations.
(a) Beery person engaged in the business of providing a personal or busi-
ness service shall pay for the privilege an annual license tax of thirty-four
cents ($0.34) per one hundred dollars ($100.00) of gross receipts from the
occupation during the preceding calendar year or thirty dollars ($30.00),
whichever is higher.
(b) Those rendering a personal or business service include, but are not
limited to, the following:
Addressing letters or envelopes
Advertising agencies
Airports
Ambulance services
Amusements and recreation services (all types)
Animal hospitals, grooming services, kennels or stables
Artists
Auctioneers and common criers
Automobile driving schools
Barber shops, beauty parlors, and hairdressing establishments, schools
and services
Bid or building reporting service
Billiard or pool establishments or parlors
26
Blacksmith or wheelwright
Boat landings
Bondsman
Booking agents or concert managers
Bottle exchanges
Bowling alleys
Brokers and commission merchants other than real estate or financial
brokers
Business research and consulting services
Cemeteries
Chartered clubs
Child care attendants or schools
Child or adult home care registry
Cleaning chimneys and/or furnaces
Clinical laboratory
Coin machine operator
Collection agents or agencies
Commercial photography, art and graphics
Commercial sports
Computerized information retrieval service
Dance band
Dance halls, studios and schools
Data processing, computer and systems development services
Developing or enlarging photographs
Detective agency and protective services
Domestic service registry
Drafting services
27
Electrolysis or scalp treatment
Engraving
Erecting, installing, removing or storing awnings
Escort service
Extermination services
Freight traffic bureaus
Fumigating or disinfecting
Funeral services and crematories
Golf courses, driving ranges and miniature golf courses
Hauling of sand, gravel or dirt
Hospitals, profit and nonprofit
Hotels, motels, tourist courts, boarding and rooming houses and trailer
parks and campsites
House cleaning services
Information bureaus
Instructors, tutors, schools and studios of music, ceramics, art, sewing,
sports and the like
Interior decorating
Janitorial services
Labor service
Laundry cleaning and garment services including laundries, dry cleaners,
linen supply, diaper service, coin-operated laundries and carpet and
upholstery cleaning
Limousine service
Mailing, messenger and correspondent services
Movie theaters and drive-in theaters
Nickel plating, chromizing and electroplating
Nurses and physician registries
28
Nursing and personal care facilities including nursing homes, convales-
cent homes, homes for the retarded, old -age homes and resthomes
Packing, crating, shipping, hauling or moving goods or chattels for
others
Parcel delivery services
Parking lots, public garages and valet parking
Pawnbrokers
Personal services, labor agents and employment bureaus
Photographers and photographic services
Photocopying
Physical fitness establishment
Physicians registry
Piano tuning
Picture framing and gilding
Porter services
Press clipping services
Private investigation
Promotional agents or agencies
Public relations services
Realty multiple listing services
Renting or leasing any items of tangible personal property
Reproduction services
Secretarial services
Septic tank cleaning
Shoe repair, shoe shine and hat repair shops
Sign painting
Statistical service
Storage -all types
29
Swimming pool, other than nonprofit or cooperative
Swimming pool maintenance and management
Tabulation services
Tanning salons
Tax preparers (other than professionals listed in Sec. 10-34.)
Taxicab companies
Taxidermist
Telephone answering services
Theaters
Theatrical performers, bands and orchestras
Towing services
Transportation services including buses and taxis
Travel bureaus
Tree surgeons, trimmers and removal services
Trucking companies, intrastate and interstate (unless holding a certifi-
cate of public convenience from State Corporation Commission)
Turkish, Roman or other like baths or parlors
Undertaker, embalmer
Vehicle title service
Wake-up services
Washing, cleaning or polishing automobiles
Writers
Other personal or business service occupations.
State Law reference - Code of Virginia Section 58.1-3706(A)(4).
30
ARTICLE III.
SPECIAL LICENSE PROVISIONS
Sec. 10-40. Bondsmen.
(a) Every person who, for compensation, enters into any bond or bonds
for others, whether as principal or surety, shall pay for the privilege an
annual license tax of five hundred dollars ($500.00), not transferable or sub-
ject to proration.
(b) No such license shall be issued unless and until the applicant shall
have first obtained a certificate from the judge of the circuit court as pro-
vided in Article 4, Chapter 9, Title 19.2 of the Code of Virginia.
(c) A license granted to a professional bondsman in Roanoke County shall
authorize such person to enter into such bonds in any other county or city.
(d) Any person who violates the provisions of this section shall have
his license revoked and shall pay a penalty of one thousand dollars
($1,000.00).
State Law reference - Code of Virginia Section 58.1-3724.
Sec. 10-41. Fortune-tellers, Astrologists, Etc.
(a) Every person engaged in business as a fortune-teller, clairvoyant,
phrenologist, spirit medium, astrologist, hypnotist, palmist, or handwriting
analyst, for which compensation is received, shall pay for the privilege an
annual license tax of one thousand dollars ($1,000.00), which license shall
not be transferred or prorated.
(b) Any person who engages in the activities of subsection (a) without
obtaining a license shall be guilty of a Class 3 misdemeanor.
State Law reference - Code of Virginia Section 58.1-3726.
3l
Sec. 10-42. Photographers with no regularly established place of business.
(a) Every photographer having no regularly established place of business
in Roanoke County shall pay an annual license tax of thirty dollars ($30.00)
per year. Such tax shall not be transferable or subject to proration.
(b) The term "photographer" shall mean any person, partnership, or cor-
poration having no regularly established place of business in Roanoke County
who provides services consisting of the taking of pictures or the making of
pictorial reproductions in the County. The term shall also include every
employee, agent, or canvasser for such photographer.
State Law reference - Code of Virginia Section 58.1-3727.
Sec. 10-43. Commission merchants.
(a) Every person engaging in business as a commission merchant shall pay
for the privilege an annual license tax of thirty-six cents ($0.36) per one
hundred dollars ($100.00) of commission income or thirty dollars ($30.00),
whichever is higher. Such person engaged in such business shall not be sub-
ject to tax on total gross receipts from such sales.
(b) A commission merchant is any person engaged in the business of sell-
ing merchandise on commission by sample, circular, or catalogue for a regular-
ly established retailer, and who has no stock or inventory under his control
other than floor samples held for demonstration or sale and owned by the prin-
cipal retailer.
State Law reference - Code of Virginia Section 58.1-3733.
32
Sec. 10-44. Wholesale Merchants.
(a) Every person engaged in the business of a wholesale merchant shall
pay for the privilege an annual license tax of five cents ($0.05) per one hun-
dred dollars ($100.00) of gross expenditures in the preceding license tax
year.
(b) A wholesale merchant is one who sells goods, wares, and merchandise
to other persons for resale and who has a definite place of business or store
within the county.
State Law reference - Code of Virginia Section 58.1-3716.
Sec. 10-45. Peddler and itinerant merchants.
(a) Any person who shall carry from place to place any goods, wares, or
merchandise and offer to sell or barter the same, or actually sell or barter
the same, shall be deemed to be a peddler. Peddlers of family supplies of a
perishable nature and peddlers of ice, wood, or coal shall pay for the privi-
lege of engaging in such business a license tax of fifty dollars ($50.00) per
month, or fraction thereof, for each vehicle with a yearly maximum tax of one
hundred fifty dollars ($150.00) for the first vehicle and seventy-five dollars
($75.00) for each additional vehicle not to exceed five hundred dollars
($500.00) total. Peddlers of general merchandise shall pay for the privilege
of engaging in such business a license tax of two hundred fifty dollars
($250.00) per month, or fraction thereof, per vehicle and not to exceed five
hundred dollars ($500.00) in any one year.
(b) An itinerant merchant is any person who engages in, does or trans-
acts any temporary or transient business in the county and who, for the pur-
pose of carrying on such business, occupies any location for a period of less
33
than one year. Any itinerant merchant of family supplies of a perishable na-
ture and of ice,wood, or coal shall pay for the privilege of engaging in such
business a license tax of two hundred fifty dollars ($250.00) per month, or
fraction hereof, and not to exceed five hundred dollars ($500.00) in any one
year. Itinerant merchants of general merchandise shall pay for the privilege
of engaging in such business an annual license tax in the amount of five hun-
dred dollars ($500.00).
C. For purposes of this section, "family supplies of a perishable na-
ture" shall include meats, milk, butter, eggs, poultry, game, vegetables,
fruits, flowers, plants, seafood, sandwiches, or other farm products. All
other products --except ice, wood, or charcoal --shall be considered "general
merchandise."
d. This section shall not apply to those who sell or offer for sale in
person or by their employees ice, wood, charcoal, or family supplies of a per-
ishable nature grown or produced by them and not purchased by them for sale.
Anyone exempt under this paragraph must provide proof of such exemption upon
request.
State Law reference - Code of Virginia Section 58.1-3717
Sec. 10-46. Peddler at Wholesale.
(a) Every person engaging in business as a peddler at wholesale shall
pay for the privilege an annual license tax in the amount of five cents
($0.05) per one hundred dollars ($100.00) of gross purchases for the preceding
license tax year.
(b) A peddler at wholesale is any person, firm, or corporation who or
which sells or offers to sell goods, wares, or merchandise to licensed
34
dealers, other than at a definite place of business operated by the seller,
and the time of such sale or exposure for sale delivers, or offers to deliver,
the goods, wares, or merchandise to the buyer shall be deemed a peddler at
wholesale. For purposes of this section, any delivery made on the day of sale
shall be construed as a delivery at the time of sale.
State Law reference - Code of Virginia Section 58.1-3718.
Sec. 10-47. Limitations on license taxes imposed on peddlers, itinerant
merchants, and peddlers at wholesale.
Any license tax imposed on peddlers or itinerant merchants or on peddlers
at wholesale shall not apply to:
1. A licensed wholesale dealer who sells and, at the time of such sale,
delivers merchandise to retail merchants;
2. A distributor or vendor of motor fuels and petroleum products;
3. A distributor or vendor of seafood who catches seafood and sells only
the seafood caught by him;
4. A farmer or producer of agricultural products who sells only the farm
or agricultural products produced or grown by him;
5. A farmers' cooperative association;
6. A manufacturer who is subject to Virginia tax on intangible personal
property who peddles at wholesale, only the goods, wares, or merchandise manu-
factured by him at a plant, and whose intangible personal property is taxed by
this Commonwealth.
State law reference - Code of Virginia Section 58.1-3719.
35
Sec. 10-48. Direct sellers.
(a) Any person engaging in business as a direct seller shall pay for the
privilege an annual business license tax at the rate of twenty cents ($0.20)
per one hundred dollars ($100.00) of retail sales gross receipts, and five
cents ($0.05) per one hundred dollars ($100.00) of wholesale gross receipts;
except that no annual business license tax shall be levied if the direct sel-
ler has annual gross receipts of four thousand dollars ($4,000.00) or less.
(b) A direct seller must apply annually for a business license and pro-
vide copies of the signed, written contract covering the direct sales activi-
ties of the taxpayer for the current year. The commissioner of the revenue
shall determine whether the taxpayer is eligible for licensing under this sec-
tion, and whether the taxpayer is eligible for the exemption of this section.
(c) As used in this section the term "direct seller" means any person
who:
(1) Engages in the trade or business of selling or soliciting the
sale of consumer products primarily in private residences and
maintains no public location for the conduct of such business;
and
(2) Receives remuneration for such activities, with substantially
all of such remuneration being directly related to sales or
other sales -oriented services, rather than to the number of
hours worked; and
(3) Performs such activities pursuant to a written contract between
such person and the person for whom the activities are per-
formed and such contract provides that such person will not be
36
treated as an employee with respect to such activities for fed-
eral or state tax purposes.
State Law reference - Code of Virginia Section 58.1-3719.1.
Sec. 10-49. Alcoholic beverages.
(a) The license tax for alcoholic beverage sales and distribution shall
be as follows:
(1) For each wholesale beer license the tax shall be seventy-five
dollars ($75.00) per annum.
(2) For each wholesale wine distributor's license, the tax shall be
fifty dollars ($50.00) per annum.
(3) For each retail on -premises wine and beer license for a hotel,
restaurant, or club, the tax shall be thirty-seven dollars and
fifty cents ($37.50) per annum.
(4) For each retail off -premises wine and beer license, the tax
shall be thirty seven dollars and fifty cents ($37.50) per
annum.
(5) For each retail on -premises beer license for a hotel, restaur-
ant, or club, the tax shall be twenty-five dollars ($25.00) per
annum.
(6) For each retail off -premises beer license the tax shall be
twenty-five dollars ($25.00) per annum.
(7) For each person holding mixed beverage restaurant and caterer's
licenses, the tax shall be:
(aa) Two hundred dollars ($200.00) per annum for each restau-
rant with a seating capacity at table for 50 to 100 per-
sons.
37
(bb) Three hundred fifty dollars ($350.00) per annum for each
restaurant with a seating capacity at tables for more
than 100 but not more than 150 persons.
(cc) Five hundred dollars ($500.00) per annum for each restau-
rant with a seating capacity at tables for more than 150
persons.
(dd) Five hundred dollars per annum for each caterer.
(ee) Mixed beverage special events license, ten dollars
($10.00) for each day of each event.
(8) For each private, non-profit club operating a restaurant lo-
cated on the premises of such club, the mixed beverage license
tax shall be three hundred fifty ($350.00) per annum.
(b) Any license tax imposed by this section shall be in addition to the
gross receipts license tax imposed by section 10-31 of this chapter.
(c) Whenever the word "beer" is used in this section it shall be con-
strued to include porter, ale, stout and other malt beverages, but not vinous
beverages.
(d) No license shall be issued to any person under the provisions of
this section unless the applicant therefor holds at the same time, or simul-
taneously procures, a state license from the alcoholic beverage control board.
(e) All dining rooms, restaurants, lunch rooms and club rooms, wherein
the beverages defined in this section are sold for consumption on the pre-
mises, shall at all times be open to inspection by the state police and the
police authorities of the county. Any store room or other building from which
deliveries are made either at wholesale or retail by bottlers, wholesalers or
retailers shall at all times be open to the inspection of the state police and
3B
the police authorities of the county. Any violation of the terms of this pro-
vision shall be sufficient grounds for the revocation of the license issued in
accordance with this section.
(f) The terms used in this section shall have the same meanings set
forth in sections 4-38 and 4-98.19 of the Code of Virginia, unless a different
meaning shall be clearly intended.
(g) The license taxes imposed by this section shall not be prorated. No
license issued under the provisions of this section shall be transferable from
one person to another, but may be amended to show a change in the place of
business.
State Law reference - Code of Virginia Sections 4-38, 4-98.19
Sec. 10-50. Massage parlors.
(a) Every person operating a massage parlor shall pay an annual license
tax of five thousand dollars ($5,000.00) not transferable to another person or
subject to proration for a part of a license year.
(b) A massage parlor is defined as any place where manipulation of body
tissues for remedial or hygienic purposes, or any other purpose, is conducted
and the owners and employees individually do not hold valid massage therapist
permits or physiotherapy licenses.
State Law reference - Code of Virginia Section 58.1-3706.
Sec. 10-51. Collection agencies.
(a) For purposes of the license tax authorized in Section 10-36, any
person, firm, or corporation whose business it is to collect claims, including
39
notes, drafts, and other negotiable instruments, on behalf of others, and to
render an account of the same shall be deemed a collection agency. This sec-
tion shall not apply, however, to a regularly licensed attorney-at-law.
(b) No local license hereunder shall be issued to any person desiring to
act as a collection agent or agency in the Commonwealth unless such person
exhibits a current license or other evidence showing that the applicant has
been duly licensed to act as a collection agent or agency by the Virginia Col-
lection Agency Board.
State Law reference - Code of Virginia Section 58.1-3725.
Sec. 10-52. Shows and sales.
Any person or organization may sponsor a show and sale on the taking out
of a license under this section. A tax of thirty dollars ($30.00) is hereby
imposed on any such show and sale. Payment of the tax imposed by this section
shall permit the licensee to conduct shows and sales in the county for a per-
iod not exceeding three (3) days from the date of such license. A license
issued under this section shall be in lieu of an itinerant vendor's or ped-
dler's license which would otherwise be required under section 10-45 for any
seller who participates in such shows and sales under the sponsorship of such
person or organization. The tax imposed by this section shall not apply to
any auction or sale if the only sales thereunder are made directly by a nonpro-
fit organization. Nonprofit organizations which sponsor shows and sales are
exempt from the charge for this license requirement. Notwithstanding any pro-
vision of the County Code to the contrary, the license issued hereunder shall
not be prorated.
40
Sec. 10-53. Coin-operated amusement machines; amusement machine
operators.
(a) Every person selling, leasing, renting or otherwise furnishing or
providing a coin-operated amusement machine or device as defined by Virginia
Code Section 58.1-3720 (1984), shall be deemed to be an amusement machine oper-
ator, except that a person owning fewer than three (3) machines and operating
such machines on property owned or leased by such person is not an amusement
machine operator.
(b) Every amusement machine operator as herein defined shall pay for the
privilege an annual license tax according to the following table:
3 machines or less ...........................................$ 25.00
4 machines ................................................... 50.00
5 machines ................................................... 75.00
6 machines ................................................... 100.00
7 machines ...................................................$125.00
8 machines ................................................... 150.00
9 machines ................................................... 175.00
10 or more machines .......................................... 200.00
(c) The license tax imposed by this section is not in lieu of, but is in
addition to, other license taxes imposed by this code, including the gross
receipts tax imposed by section 10-36.
(d) Every amusement machine operator shall furnish to the commissioner
of the revenue a complete list of all machines on location and the names and
addresses of each location on or before the thirty-first day of January of
each year.
41
f
(e) Each machine shall have conspicuously located thereon a decal, stick-
er or other adhesive label, no less than lx2 inches in size, clearly denoting
the operator's name and address.
(f) Any person, firm, or corporation providing any such amusements ma-
chines or other devices and failing to procure a county license shall be sub-
ject to a fine of five hundred dollars ($500.00) for each offense and the ma-
chine or other device shall become forfeited to the county.
(g) Exemptions. The amusement machine operator's license tax shall not
be applicable to operators of weighing machines, automatic baggage or parcel
checking machines or receptacles, nor to operators of vending machines which
are so constructed as to do nothing but vend goods, wares, and merchandise or
postage stamps or provide service only, nor to operators of viewing machines
or photomat machines, nor operators of devices or machines affording rides to
children or for the delivery of newspapers.
State Law reference - Code of Virginia Sections 58.1-3720, 3721, 3722, 3723.
Sec. 10-54. Savings and loan associations.
Every savings and loan association whose main office is located within
Roanoke County shall pay an annual license fee of fifty dollars ($50.00).
State Law reference - Code of Virginia Section 58.1-3730.
Sec. 10-55. Permanent coliseums, arenas, or auditoriums.
(a) There is hereby imposed an annual license tax of one thousand dol-
lars ($1,000.00) on every permanent coliseum, arena, or auditorium within the
42
county having a maximum seating capacity of more than ten thousand persons and
open to the general public.
(b) Any person may present, conduct, operate, or provide amusements,
exhibitions, sporting events, theatrical performances, or any other lawful
performances, exhibitions, or entertainment under a single license authorized
by this section.
(c) Notwithstanding any other provision of this chapter, any license
imposed by this section shall be in lieu of any or all licenses required for
exhibitions, performances, or events occurring within such coliseum, arena, or
auditorium.
(d) If such coliseum, arena, or auditorium is owned and operated by a
political subdivision of the Commonwealth, there shall be no tax.
State Law reference - Code of Virginia Section 58.1-3729.
Sec. 10-56. Public service corporations.
(a) Every public service corporation engaged in the business of provid-
ing telephone, telegraph, water, heat, light, or power service shall pay for
the privilege an annual license tax of one-half of one percent (0.5%) of the
gross receipts accruing to such corporation from business in the county, ex-
cluding gross receipts earned within the Town of Vinton, Virginia.
(b) In the case of telephone companies, charges for long distance tele-
phone calls shall not be included in gross receipts for purposes of license
taxation.
(c) For the purposes of this section, gross receipts shall be ascer-
tained as of the thirty-first day of December of each year and the tax for the
current calendar year shall be based on receipts for the preceding calendar
43
I
year.
(d) The tax imposed by this section shall be assessed on the first day
of January of each calendar year and shall be due and payable to the treasurer
of the county on or before the thirty-first day of January following the date
on which the tax is assessed.
(e) Excluded from the provisions of this section are gross receipts
attributable to service supplied to the governments of the United States and
Virginia, their political subdivisions and agencies, and charges paid by the
insertion of coins into coin boxes of pay telephones.
State Law reference - Code of Virginia Section 58.1-3731.
Sec. 10-57. Carnivals, circuses, speedways.
(a) Every person who operates a carnival, circus, or speedway shall pay
for the privilege a license tax of two hundred fifty dollars ($250.00) per
performance.
(b) Until such tax has been paid, the county shall have a lien upon the
property of such carnival, circus, or speedway to the extent of the unpaid
tax.
(c) Every person, firm, company, or corporation which exhibits or gives
a performance or exhibition of any of the shows, carnivals, or circuses, above-
described in this section, without the license required, shall be fined not
less than $50.00, nor more than $500.00 for each offense.
(d) A "carnival" shall mean an aggregation of shows, amusements, conces-
sions, eating places, and riding devices or any of them, operated together on
one lot or street
or
on
contiguous
lots
or
streets,
moving from
place to
place, whether or
not
the
same are
owned
and
actually
operated by
separate
44
persons, firms, or corporations.
State law reference - Code of Virginia Section 58.1-3728.
2. That the permit fee for solicitor's permits required by Section 19-3
of the Roanoke County Code shall be thirty dollars ($30.00) per year per per-
son.
3. That this ordinance shall be in full force and effect on and after
January 1, 1989.
On motion of Supervisor Nickens to approve the ordinance and that the
County Attorney study suggestions made during the public hearing, seconded by
Supervisor Robers and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
A COPY TESIE :
Mary H. Allen, Deputy Clerk
cc: File Roanoke County Board of Supervisors
Director, Planning Department
Director, Zoning Department
Paul Mahoney, County Attorney
Magistrate
Sheriff's Department
Roanoke Law Library, 315 Church Avenue, S.W., Rke, 24016
Main Library
Roanoke County Code Book
Roanoke County J&D Court, Intake Counsellor
The Honorable R. Wayne Compton, Commissioner of Revenue
The Honorable Alfred C. Anderson, Treasurer
The Honorable F. W. Burkart, Commonwealth Attorney
45
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 22, 1988
ORDINANCE 112288-7 ESTABLISHING CERTAIN
PROCEDURES FOR FINANCING OF LOCAL PUBLIC
WORKS IMPROVEMENTS, AUTHORIZING THE
IMPOSITION OF ASSESSMENTS UPON ABUTTING
PROPERTY OWNERS, PROVIDING FOR NOTICE
THEREOF, OBJECTIONS AND APPEALS, PURSUANT
TO THE STATUTES FOR SUCH CASES MADE AND
PROVIDED
WHEREAS, pursuant to Section 18.04 of the Roanoke County
Charter the first reading of this ordinance was held on November
9, 1988; and the second reading of the ordinance was held on
November 22, 1988; and a public hearing thereon as held on Novem-
ber 22, 1988; and,
WHEREAS, this ordinance is adopted pursuant to the authority
found in Article 2, Chapter 7, Title 15.1 (Section 15.1-239, et
seq.) of the 1950 Code of Virginia, as amended; and
WHEREAS, the Board of Supervisors of Roanoke County, Virgin-
ia, determines that it is in the best interests of the citizens
of Roanoke County to adopt certain policies and procedures for
the financing of public infrastructure improvements.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. Purpose.
The purpose of this ordinance is to provide a procedure for
citizens of the County to obtain the construction of public works
or public infrastructure improvements in order to satisfy a
demand or need for public services.
2. County may impose.
The County may impose taxes or assessments upon the abutting
property owner or abutting property owners for making, improving,
replacing or enlarging the walkways upon then existing streets,
for improving and paving then existing alleys, and for either the
construction or the use of sanitary or storm water sewers includ-
ing retaining walls, curbs and gutters; however, such taxes or
assessments shall not be in excess of the peculiar benefits re-
sulting from the improvements to such abutting owner or owners,
and no assessment for retaining walls shall be imposed upon any
property owner who does not agree to such assessment.
In addition to the foregoing, the County may impose taxes or
assessments upon abutting property owners for the construction,
replacement or enlargement of sidewalks, waterlines, sanitary
sewers or storm water sewers; for the installation of street
lights; for the construction or installation of canopies or other
weather protective devices; for the installation of lighting in
connection with the foregoing; and for permanent amenities, in-
cluding, but not limited to, benches or waste receptacles, pro-
vided that such taxes or assessments shall not be in excess of
the peculiar benefits resulting from the improvements to such
abutting property owners.
3. Assessments for streets.
Certain streets may be accepted by the Commonwealth of Vir-
ginia into the secondary system of state highways if the county
agrees to contribute from county revenue or the special assess-
ment of landowners on the street in question one-half of the cost
2
to bring the streets up to the necessary minimum standards for
acceptance.
No such special assessment shall be made unless the county
receives a petition or written declarations from the owners of at
least seventy-five (75%) percent of the platted parcels of land
abutting upon such street agreeing to such assessment.
This assessment shall be subject to the limitations and
restrictions contained in Section 33.1-72.1 of the 1950 Code of
Virginia, as amended, in particular, the basis for such special
assessments and the restrictions upon speculative interest by
developers.
4. How imposed.
Such improvements may be ordered by the Board upon the adop-
tion of an appropriate ordinance, and the cost thereof appor-
tioned in pursuance of an agreement between the County and the
abutting property owners.
If all of the abutting property owners agree to share in the
equitable distribution of the costs of such improvements, then as
authorized by an appropriate ordinance the County may enter into
an agreement to administer the improvements project in accordance
with County standards and regulations. In administering such a
project the County may identify the costs of the improvements and
assess or apportion these costs among the abutting property
owners.
At the County's option the abutting property owners shall
deposit with the County the estimated amount of the costs of such
improvements upon the execution of an agreement, or they shall
3
reimburse the County for the costs of such improvements. The
reimbursement of these costs shall be accomplished upon such
terms and conditions and at a rate of interest to be determined
by ordinance. A lien shall be recorded securing the reimburse-
ment of these costs. If the proposed improvements are for a util-
ity project, then the reimbursement of these costs and interest
may be accomplished through the regular utility billing proce-
dures, and revenue collected would be deposited in the utility
enterprise fund.
In the absence of such an agreement, improvements, the cost
of which is to be defrayed in whole or in part by such local tax
assessment, may be ordered on a petition from not less than
seventy-five (75%) of the landowners to be affected thereby, or
by a vote of two-thirds of all of the members elected to the
Board. But notice shall first be given as hereinafter provided
to the abutting landowners, notifying them when and where they
may appear before the Board to be heard in favor of or against
such improvements.
5. Adoption of ordinance.
A special assessment ordinance may be adopted either upon an
agreement among all of the abutting property owners, upon a peti-
tion of seventy-five (75%) percent of the affected abutting
property owners, or upon an affirmative vote of two-thirds of all
of the members elected to the board.
A local public works improvements project may be deemed ne-
cessary to address a situation concerning the public health, safe-
ty or welfare.
4
Board action should alleviate a threat or danger to life,
limb, or property.
6. How costs assessed or apportioned.
The cost of such improvements, when the same shall have been
ascertained, shall be assessed or apportioned by a committee con-
sisting of the Assistant County Administrator for Community Ser-
vices and Development and the County Assessor. The County may
agree to accept a portion of those costs, or to provide in-kind
design, engineering or administrative services. If the County
agrees to accept a portion of these costs, then the cost of such
improvements shall be assessed or apportioned between the County
and the abutting property owner or owners when less than the
whole is assessed.
7. Assessments to be reported to treasurer.
The amount assessed against each landowner, or for which he
is liable by agreement, shall be reported as soon as practicable
to the Treasurer, who shall enter the same as provided for other
taxes.
By ordinance the Board may provide for the postponement of
the payment of such assessment by certain elderly or permanently
and totally -disabled property owners meeting the eligibility con-
ditions of Article III, Chapter 21 of this Code, until the sale
of the property or the death of the last eligible owner. The
eligible property owner shall have the option of payment or post-
ponement.
If the assessment is apportioned by agreement and payment is
authorized through the utility billing procedure, then the amount
5
assessed --including terms, conditions, and interest rate --shall
be reported to that department for billing and collection.
8. Notice to landowner of amount of assessment required.
When the assessment or apportionment is not fixed by agree-
ment, notice thereof, and of the amount so assessed or appor-
tioned, shall be given each of the then abutting owners and they
shall be cited thereby to appear before the committee designated
in Section 6 not less than ten (10) days thereafter, at a time
and place to be designated therein, to show cause, if any they
can, against such assessment or apportionment.
9. How notice given; objections.
The notice required by the preceding section may be given by
personal service on all persons entitled to such notice, except
that notice to an infant or insane person may be served on his
guardian or committee and notice to a nonresident may be mailed
to him at his place of residence or served on any agent of his
having the property in charge, or on the tenant of the freehold,
or in any case when the owner is a nonresident, or when the
owner's residence is not known, such notice may be given by publi-
cation in some newspaper published or having general circulation
in the County once a week for four (4) successive weeks. Or, in
any case, in lieu of such personal service on the parties or
their agents and of such publication, the notice to all parties
may be given by publishing the same in some newspaper published
or having general circulation in the County once a week for two
(2) successive weeks, the last publication to be made at least
seven (7) days before the parties are cited to appear. Any land -
0
owner wishing to make objections to an assessment or apportion-
ment may appear in person or by counsel and state his objections.
This notice and opportunity to make objections may be com-
bined with the notice and public hearing for the adoption of an
appropriate ordinance approving specific local public works
improvements.
10. Appeal to court authorized.
If his objections are overruled, he shall, within thirty
(30) days thereafter, but not afterwards, have an appeal as of
right to the Circuit Court of the County. When an appeal is
taken, the committee designated in Section 6 shall immediately
deliver to the clerk of the court which has cognizance of the
appeal the original notice relating to the assessment, with its
judgment endorsed thereon and the clerk shall docket the same.
11. How appeal tried; lien of judgment; when to take effect;
how enforced.
Such appeal shall be tried by the court or the judge there-
of, in a summary way, without pleadings in writing and without a
jury, in term time or in vacation, after ten (10) days' notice to
the adverse party, and the hearing shall be de novo. The amount
finally assessed against or apportioned to each landowner, or
fixed by agreement with him, as herein before provided, shall be
a lien enforceable in equity on his abutting land, from the time
when the work of improvement shall have been completed; subject,
however, to his right of appeal and objections as aforesaid.
Such lien shall be enforceable against any person deemed to have
had notice of the proposed assessment under section 11, but if no
7
abstract of the resolution or -ordinance authorizing the improve-
ment is docketed as provided in section 11, such lien shall be
void as to all purchasers fc,r valuable consideration without
notice and lien creditors until and except from the time it is
duly admitted to record in the clerk's office of the Circuit
Court of the county. The Board, in its discretion, may cause the
payment of the amount finally assessed or apportioned against
each landowner, or fixed by agreement with him to be divided into
two (2) or more, but not exceeding twenty (20), semiannual
installments.
12. Docketing of abstracts of resolutions or ordinances.
When any improvement is authorized for which assessments may
be made against the abutting .landowners, the board may, before
the amount to be finally assessed against or apportioned to each
landowner or fixed by agreement is determined, cause to be
recorded in the judgment docket of the clerk's office in which
deeds conveying real estate are required by law to be recorded,
an abstract of the resolution or ordinance authorizing such
improvement, showing the ownership and location of the property
to be affected by the proposed improvement and the estimated
amount that will be assessed against or apportioned to each land-
owner or fixed by agreement with him, and the same shall be
indexed in the name of the owner (.)f the property.
After the completion of the improvement, the estimated
amount shall be amended to show the amount finally assessed
against or apportioned to each landowner or fixed by agreement
with him, which final amount shall in no event exceed the esti-
mated amount for the improvements as initially authorized. The
I
amount finally assessed against or apportioned to each landowner
may be greater than the initially assessed amount when the
increased amount is for additional work being performed when said
work was requested by the landowner and the additional work and
its estimated amount is written into a separate agreement between
the County and the affected landowner. From the time of the doc-
keting of such abstract, any purchase of, or creditor acquiring a
lien on, any of the property described therein shall be deemed to
have had notice of the proposed assessment.
13. Installment payment of assessments.
The persons against who the assessments have been finally
made may pay such assessments in equal installments over a period
of not exceeding ten (10) years, together with interest at the
rate not to exceed the judgment rate of interest on the unpaid
balances. Such installments shall become due at the same time
that real estate taxes become due and payable and the amount of
each installment, including principal and interest, shall be
shown on the tax ticket or bill mailed not later than fourteen
(14 ) days prior to the installment due date to each such person
by the treasurer.
14. Special districts.
The county may create special districts or areas within the
county, if those areas desire additional or more complete govern-
mental services than are desired in the county as a whole. The
board shall have the power to levy a higher tax in such areas,
and the proceeds therefrom shall be segregated for expenditure in
the areas from which said proceeds are raised.
I
The higher tax rate shall not be levied for education, law
enforcement, or general governmental services.
The board shall create a special district or area only by
ordinance. This ordinance shall not be effective until approved
by an affirmative vote of the qualified voters residing within
the proposed special district or area at a referendum on such
question. Upon receipt of a petition from the citizens indicat-
ing support for the creation of a special district or area and
describing the boundaries of the district or area, the board
shall request the circuit court to place this referendum question
on the ballot, either at the next scheduled general election or
at a special election.
15. Severability.
The sections, paragraphs, sentences, and clauses of this
chapter are severable, and if any phrase, clause, sentence, para-
graph, or section of this chapter shall be declared unconstitu-
tional or invalid by the valid judgment or decree of a court of
competent jurisdiction, the remaining phrases, clauses, sen-
tences, paragraphs, and sections of this chapter shall remain
valid.
16. This ordinance shall be in full force and effect from and
after December 1, 1988.
On motion of Supervisor McGraw, seconded by Supervisor
Garrett and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
10
A COPY TESTE:
Mary H. Allen, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Paul Mahoney, County Attorney
John Chambliss, Assistant County Administrator
John Hubbard, Assistant County Administrator
Don Myers, Assistant County Administrator
John Willey, Director, Real Estate Assessments
Phillip Henry, Director, Engineering
Clifford Craig, Director, Utilities
The Honorable Elizabeth Stokes, Clerk, Circuit Court
The Honorable R. Wayne Compton, Commissioner of Revenue
The Honorable Alfred C. Anderson, Treasurer
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 22, 1988
ORDINANCE 112288-8 ACCEPTING AN OFFER
FOR AND AUTHORIZING THE SALE OF .55 ACRE,
MORE OR LESS, IN THE SOUTHWEST INDUSTRIAL
PARK
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of
the Charter of Roanoke County, the subject property has been
declared to be surplus and is being made available for other pub-
lic uses, i.e. economic development; and
2. That pursuant to the provisions of Section 18.04 of
the Charter of Roanoke County, a first reading was held on Novem-
ber 9, 1988, and a second reading was held on November 22, 1988,
concerning the sale and disposition of .55 acre, more or less, in
the Southwest Industrial Park; and
3. That an offer having been received for said proper-
ty, the offer of Nelson Brumfield to purchase .55 acre, more or
less, for $18,000 is hereby accepted and all other offers are
rejected; and
4. That all proceeds from the sale of this real estate
are to be allocated to the capital reserves of the County; and
5. That the County Administrator is authorized to exe-
cute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish the conveyance of said pro-
perty, all of which shall be upon form approved by the County
Attorney.
On motion of Supervisor Nickens, seconded by Supervisor
Johnson and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
A COPY TESTE:
'17-
'/ �
Mary H. Allen, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Tim Gubala, Director, Economic Development
Paul Mahoney, County Attorney
John Willey, Director, Real Estate Assessment
Diane Hyatt, Director, Finance
Reta Busher, Director, Management & Budget
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 22, 1988
ORDINANCE 112288-9 ACCEPTING AN OFFER
FOR AND AUTHORIZING THE SALE OF TWO (2)
ACRES, MORE OR LESS, IN THE SOUTHWEST
INDUSTRIAL PARK
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of
the Charter of Roanoke County, the subject property has been
declared to be surplus and is being made available for other pub-
lic uses, i.e. economic development; and
2. That pursuant to the provisions of Section 18.04 of
the Charter of Roanoke County, a first reading was held on Novem-
ber 9, 1988, and a second reading was held on November 22, 1988,
concerning the sale and disposition of two (2) acres, more or
less, in the Southwest Industrial Park; and
3. That an offer having been received for said proper-
ty, the offer of Insulation Systems Inc. to purchase two (2)
acres, more or less, for $50,000 is hereby accepted and all other
offers are rejected; and
4. That all proceeds from the sale of this real estate
are to be allocated to the capital reserves of the County; and
5. That the County Administrator is authorized to exe-
cute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish the conveyance of said pro-
perty, all of which shall be upon form approved by the County
Attorney.
On motion of Supervisor Nickens, seconded by Supervisor
Robers and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
A COPY TESTE:
Mary H. Allen, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Tim Gubala, Director, Economic Development
Paul Mahoney, County Attorney
John Willey, Director, Real Estate Assessment
Diane Hyatt, Director, Finance
Reta Busher, Director, Management & Budget
Pa
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 22, 1988
ORDINANCE 112288-10 ACCEPTING AN OFFER
FOR AND AUTHORIZING THE SALE AND
CONVEYANCE OF SURPLUS REAL ESTATE --WELL
LOT, GLEN FOREST
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of
the Charter of Roanoke County, the subject property has been de-
clared to be surplus and is being made available for sale to the
public; and
2. That pursuant to the provisions of Section 18.04 of
the Charter of Roanoke County, a first reading concerning the
sale and disposition of the hereinafter -described real estate was
held on November 9, 1988. A second reading on this matter was
held on November 22, 1988. This real estate consists of a well
lot located in Glen Forest and more particularly described as Tax
Map No. 64.02-2-18; and
3. That offers having been received for the well lot
located in Glen Forest, the offer of James E. Cooke in the amount
of $850.00 is hereby accepted and all other offers are rejected;
and
4. That all proceeds from the sale of this real estate
are to be allocated to the capital reserves of the County; and
5. That the County Administrator is authorized to
execute such documents and take such actions on behalf. of Roanoke
County as are necessary to accomplish the sale and conveyance of
said property, all of which shall be upon form approved by the
County Attorney.
On motion of Supervisor Nickens, seconded by Supervisor
Garrett and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
A COPY TESTE:
J�-
Mary H. Allen, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Paul Mahoney, County Attorney
John Willey, Director, Real Estate Assessment
Diane Hyatt, Director, Finance
Reta Busher, Director, Management & Budget
Cliff Craig, Director, Utilities
2
ACTION # A-112288-11
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 22, 1988
AGENDA ITEM: Authorization to Lease Additional Office Space
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND:
Attached is background material and a summary of information
relative to space needs.
SUMMARY OF INFORMATION:
Attached
ALTERNATIVES AND IMPACTS:
See Page 3 attached
STAFF RECOMMENDATION:
The staff recommends leasing 3750 square feet of office
space in the Brambleton Corporate Center. Offices to be moved
into the rented space are Human Resources, Payroll, Real Estate
Assessments, and Risk Management.
Cost:
° Install phones and terminals
O Cost of move
Partitions
° Annual Rental
° Construct an office for
Assistant County Administrator
for Management Services
TOTAL
Subsequent
1988-89 Years
$ 7,000 $
1,500
5,000
18,283 36,563
3,000
$34,783 36 563
SUBMITTED BY:
Don Myers
Assistant County Administrator
Management Services
APPROVED:
%l.tl-ate "�C/
Elmer C. 0 -dg
County Administrator
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ACTION VOTE
Approved (x ) Motion by: Steven A. McGraw/ No Yes Abs
Denied ( ) Lee Garrett to approve appro- Garrett x
Received ( ) priation of funds tor—addition-Johnson x
Referred a-T—office space eEtective McGraw x
to January 1, 1989 Nickens x
Robers x
cc: File
Don Myers
John Chambliss
John Hubbard
Keith Cook
John Willey
Bob Jernigan
Diane Hyatt