9/25/1990 - Regular
September 25, 1990
685
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
September 25, 1990
The Roanoke County Board of Supervisors of Roanoke
County, Virginia, met this day at the Roanoke County Administration
Center, this being the fourth Tuesday, and the second regularly
scheduled meeting of the month of September, 1990.
IN RE:
CALL TO ORDER
Chairman Robers called the meeting to order at 3:00 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman Richard W. Robers, Vice Chairman
Steven A. McGraw, Supervisors Lee B. Eddy, Bob
L. Johnson, Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; John M.
Chambliss, Assistant County Administrator for
Human Services; John R. Hubbarù, Assistant
County Administrator of Community Services and
Development; Don M. Myers, Assistant County
Administrator for Management Services; Paul M.
Mahoney, County Attorney; Brenda J. Holton,
Deputy Clerk; Anne Marie Green, Information
Officer
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September 25, 1990
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IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Steve Harris,
Baptist Children's Home. The Pledge of Allegiance was recited by
all present.
IN RE;
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Chairman Robers announced that Item D.5 - Acceptance of
Anti-Drug Abuse Grant for Neighborhood Watch Program had been
postponed.
Chairman Robers advised that Springwood Associates were
requesting a continuance of public hearing 990-1. After
discussion, Supervisor Nickens moved to grant the continuance. The
motion carried by the following recorded vote:
AYES: Supervisor McGraw, Nickens, Robers
NAYS: Supervisor Eddy, Johnson
Supervisor McGraw indicated that he would not vote for
another continuance of a public hearing which had been advertised
and it was the consensus that the staff bring back to the next
board meeting a policy for continuances.
Chairman Robers recognized that Virginia Senator Granger
Macfarlane was in attendance at the meeting.
IN RE;
NEW BUSINESS
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September 25, 1990
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h EXD10re Dresentation and announcement of Plan Review
Process Initiation.
A-92590-1
County Administrator Elmer Hodge recommended that the
Board, Planning Commission and Explore staff have a joint work
session.
Dr. Norman D. Fintel, River Foundation President, and
Board Member, Peggy Moles made presentations to the Board. Larry
Hamler, Chairman, Virginia Recreation Facility Authority, Project
Director, Bern Ewert and Engineer Richard Burrow were also present.
Supervisor Nickens moved to approve the staff
recommendation to initiate the plan review process by 1/1/91 and
to establish an Explore Advisory committee. The motion carried by
the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
~ ApDroval of adjustments to 1990-91 Budqet due to
state fundinq chanqes.
A-92590-2
Assistant County Administrator John Chambliss advised
that instead of the $750,000 loss which was projected due to state
funding changes, the County would save $103,593. The reason for
this is the use of savings from the employer contributions to the
Virginia Retirement System based on the Legislature's decision not
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September 25, 1990
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to fund future COLA (Cost of Living Adjustment) adjustments until
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after July 1, 1992. There was a discussion of the impact of this
decision for the future.
Supervisor Johnson moved to approve transferring $103,593
to the General Fund balance to offset the 1991-92 fiscal impact of
budget cuts. The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
h Approval of Fire Mutual Aid Aqreement between
Botetourt County. Roanoke County and Blue Ridqe
Volunteer Fire DeDartment.
A-92590-3
Chief of Fire & Rescue Department, Thomas C. Fuqua,
presented the staff report.
Supervisor Johnson recommended that the staff again ask
Roanoke City to reconsider participating in the project.
Supervisor Nickens moved to approve the Fire Mutual Aid
Agreement. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
~ Request for additional Police Department staffing.
A-92590-4
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September 25, 1990
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Police Chief John H. Cease presented a 90-day progress
report on the new Police Department and requested a supplemental
appropriation for additional staffing. Chief Cease agreed not to
ask for additional staff next year.
Supervisor Nickens moved
to
approve
the
staff
recommendation of $200,000 appropriation for four police officers,
a records manager, and added that the accreditation specialist and
telephone receptionist, if full time, be extended fringe benefits.
The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
~ Acceptance of Adult Drug Rehabilitation Grant. and
aDproDriation of matchinq funds.
Chairman Robers announced that this item had been
postponed.
.L.. AcceDtance of Anti-Druq Abuse Grant for Neiqhborhood
Watch Proqram.
A-92590-5
Supervisor Nickens moved to accept the grant. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
h Request for fundinq from TAP for Transitional Living
Center.
A-92590-6
John Chambliss advised that TAP is requesting a $15,000
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September 25, 1990
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appropriation from the Board as matching funds for the Transitional
Living Center. This request was not included in TAP's original
budget request to the County and this appropriation is a one-time
situation.
Supervisor Nickens amended the motion to approve funding
of $15,000 with the understanding that requests for funds be
initiated from TAP as they feel appropriate during the current
fiscal year. The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
~ Authorization to create a Recyclinq Advisory
Committee. (CONTINUED FROM 9-12-90)
A-92590-7
There was no discussion.
Supervisor Robers moved to
create the Recycling Advisory Committee. The motion carried by the
following recorded vote:
AYES:
Supervisors Eddy, McGraw, Robers
NAYS:
Supervisors Johnson, Nickens
IN RE;
REQUESTS FOR PUBLIC HEARING AND FIRST READING FOR
REZONING ORDINANCE - CONSENT AGENDA
Supervisor Johnson moved to approve first reading and
set the public hearings for October 23, 1990. The motion carried
by the following recorded vote:
AYES:
Supervisor Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
69 1
September 25, 1990
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1. An ordinance to rezone 1.301 acres from R-1 to R-
3 to allow apartments, located on Feather Road at
VA 24, Vinton Magisterial District, upon the
petition of W. E. Cundiff.
2. An ordinance to rezone 7.8 acres from R-1 to R-3 to
allow townhouses, located on Hardy Road near Wolf
Creek, Vinton Magisterial District, upon the
petition of Steve Brown.
3. An ordinance to rezone 12.3 acres from R-1 to R-E
to allow a golf course, located along Wolf Creek
between Hardy Road and VA 24, vinton Magisterial
District, upon the petition of Steve Brown.
4. An ordinance to rezone approximately 125 acres from
M-1 to M-2 and amend the Future Land Use Plan map
designation of approximately 175 acres from
Development to Principal Industrial to allow
industrial development, located south of the
intersection of US 11/460 (West Main Street) and
Route 612 (Barley Drive) and adjacent to and west
of the N&W Railway, Catawba Magisterial District,
upon the petition of the Industrial Development
Authority.
IN RE;
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Eddy: (1) He asked for an update on the status
of Cable TV franchise. Supervisor McGraw reported that the next
meeting will be on 9/28/90 and that an agreement should be reached
by the end of the year. (2) He updated the board on recent meetings
regarding complaints about Seaboard Farms. (3) He questioned
whether the Justice Department had ruled on the final plan for the
consolidation vote. County Attorney Mahoney advised that they have
not. (4) He thanked the fellow board members for adding him to the
Democratic Party mailing list but declined.
Supervisor Robers: (1) He updated the board on the Smart
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September 25, 1990
Highway.
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The next meeting will be in February, 1991. (2) He
reported on the Airport Commission Retreat held recently. (3) He
will be meeting with Governor Wilder and seven other governors in
Atlanta on October 9, 1990 to discuss business relations with Japan
and will be unable to attend the board meeting.
IN RE;
CONSENT AGENDA
Supervisor Nickens moved to approve the Consent Agenda
with the addition of Item 5. The motion carried by the following
recorded vote:
AYES:
Supervisor Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
RESOLUTION 92590-8 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the certain section of the agenda of the Board
of Supervisors for September 25, 1990 designated as Item J-
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 5, inclusive, as follows:
1. Approval of Minutes - August 28, 1990.
2. Confirmation of Committee Appointments to the Industrial
Development Authority and League of Older Americans.
3. Approval of Resolution of Appreciation to George Nester
for service to Roanoke County as Vinton Town Manager.
4. Approval of 50/50 Raffle Permit - Loyal Order of the
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September 25, 1990
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Moose Lodge No. 284.
5. Approval of Raffle Permit - Mason's Cove Elementary
School PTA.
2. That the Clerk to the Board is hereby authorized and
directed where required by law to set forth upon any of said items
the separate vote tabulation for any such item pursuant to this
resolution.
On motion of Supervisor Nickens to adopt resolution with
addition of Item 5, and carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
RESOLUTION 92590-8.b OF APPRECIATION TO GEORGE NESTER
FOR OUTSTANDING SERVICE TO THE CITIZENS OF ROANOKE COUNTY
AS VINTON TOWN MANAGER
WHEREAS, George Nester has served as the Town Manager of
Vinton, Virginia, in the County of Roanoke, since September, 1983;
and
WHEREAS, George Nester has been instrumental in the
continued progress of the Town of Vinton through improvements in
downtown Vinton, development of the vinton Industrial Park,
expansion of Vinton's public water system, the vinton Gladetown
Community Improvement Project and the widening of Washington
Avenue; and
WHEREAS, George Nester has been an asset to the citizens
of Roanoke County through his efforts in cooperation and
negotiations on behalf of the Town of Vinton; and
694 .
September 25, 1990
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WHEREAS, George Nester has accepted a position as Vice
President with Mattern and Craig Consulting Engineers and Surveyors
in a new business venture.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County wishes to express its deepest
appreciation and the appreciation of the citizens of Roanoke County
to GEORGE NESTER for his outstanding service as Vinton Town
Manager.
FURTHER, the Board of Supervisors does express its best
wishes for success in all his future endeavors.
On motion of Supervisor Nickens to adopt resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
IN RE; REPORTS
Supervisor
following reports.
vote:
AYES: Supervisor
NAYS: None
Johnson moved to receive and file the
The motion carried by the following recorded
Eddy, McGraw, Johnson, Nickens, Robers
1. Capital Fund Unappropriated Balance
2. General Fund Unappropriated Balance
3. Board Contingency Fund
4. Accounts Paid - August, 1990.
IN RE;
EXECUTIVE SESSION
September 25, 1990
695
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At 5:15 p.m., Supervisor Robers moved to go into
executive Session pursuant to the Code of Virginia Section 2.1-
344 (a) to discuss a specific legal matter and briefings concerning
Dixie Caverns Landfill and (b) to discuss a prospective business
or industry where no previous announcement has been made. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
IN RE;
RECONVENEMENT
At 7:00 p.m., Chairman Robers reconvened the meeting.
IN RE;
CERTIFICATION OF EXECUTIVE SESSION
At 7:05 p.m., Supervisor McGraw moved to return to open
session and adopt the Certification Resolution. The motion carried
by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
RESOLUTION 92590-9 CERTIFYING EXECUTIVE MEETING WAS HELD
IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
696
September 25, 1990
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NOW, THEREFORE, BE IT RESOLVED, that the Board of
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Supervisors of Roanoke County, Virginia, hereby certifies that, to
the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies, and
2. Only such public business matters as were identified
in the motion convening the executive meeting were heard, discussed
or considered by the Board of Supervisors of Roanoke County,
Virginia.
On motion of Supervisor McGraw to adopt resolution,
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
IN RE; PUBLIC HEARINGS
990-1 Public Hearing for citizen comments on county
participation in the Hotel Roanoke/Conference
Center Project with Virginia Polytechnic
Institute and state university.
A-92590-10
Raymond Smoot from Virginia Tech made a brief presentation on
the history and scope of the proj ect.
There is an artist's
conception of the proj ect but not an archi tectural rendering
because it is uncertain whether it is an $8 million or $12 million
project. Fees for the programs presented will be received by the
presenter and the fees for the use of the facility will go to the
September 25, 1990
697 ;3'
- authoJ::ity tllat upt:aClL~::s the tac111ty.
Mr. Hodge reported that Roanoke City Manager W. Robert Herbert
could not be at the meeting but sent a letter expressing that the
City would welcome the participation of Roanoke County.
The following citizens spoke concerning the Conference Center:
1. Charles E. Lavinder. 5448 Canyon Road was concerned about
cost of the project and is working against consolidation.
2. R. H. Myers. 6533 Laban Road. supports the project but
concerned about the actual implementation.
3. winton W. Shelor. Sr.. 4348 Shelor Farms Lane. was opposed
to the Conference Center because of need for other things in
county, and did not want tax dollars used.
4. Don Terp. 5140 Ap-pletree Drive. did not like the
arrangements, and thinks it is underfunded. He felt the County
should know where the money is spent.
5. Charles L. Landis. 5268 Glenvar Heiqhts Boulevard. did
not want taxes used for Conference Center.
6. Dr. willis P. Lanier. 4743 Woodley Drive. wanted to
protect the county interest by getting a fair return on investment.
If the agreement is not structured, the County should table the
issue.
7. Ed Kohinke. Sr.. 6913 Bradshaw Road. was not opposed to
the proj ect but opposed to County investment because of other
needed projects.
8. CathY Adkins. 5138 Britaney Road. supported the project
and cooperation.
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September 25, 1990
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9. Darrell F. Branstetter. 6613 SYlvan Brook Road. felt that
Virginia Tech should be supported but concerned about profitability
of Hotel Roanoke. He suggested putting the Convention Center in
Roanoke County where there is ample parking and room for growth.
10. Ravmond E. Scher. 2360 East Ruritan Road. wanted to know
how Va Tech and the City would change the Hotel to make it
profitable.
11. Patrick A. Cosmato. 5219 Burnt Quarter Drive. was not
opposed to the project but opposed to County funds going to Roanoke
City because the City will dominate. He was willing to share but
felt this was a one-way deal.
Chairman Robers announced that Frank Porter and Frances
Helmandollar could not be at the meeting but wanted to be
recognized as encouraging support of the project.
After discussion, the consensus of the Board was to ask the
staff to show benefits from any investment which the County might
make to the project and to treat this project like an economic
development project.
Supervisor Robers moved to allow the staff time to meet with
Virginia Tech and the City of Roanoke to discuss alternatives and
to factor in the suggestions of the citizens and board members
expressed at this meeting with a report to be brought back to the
board by the October 23, 1990 meeting.
The motion carried by the
following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
September 25, 1990
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IN RE; The Chairman declared a five-minute recess at 8:15 p.m.
IN RE; PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
990-2 An ordinance mOdifying an existing Planned Unit
Development plan on a 2 acre tract generally
located wi thin the Stonehenge PUD, south of
Kelly Lane in the Cave Spring Magisterial
District. This request is to permit the
construction of a 16 unit, single building
condominium, upon the request of J. Allison
Associates. (CONTINUED FROM 8-28-90)
0-92590-11
Director of Planning & Zoning Terry Harrington presented the
staff report and recited the history since 1975 of the Planned Unit
Development. The property is zoned R-3 with PUD district overlay.
The PUD is controlled by the final development plan approved by the
Commission and Board rather than by the underlying zoning district.
The area is designated as development and consistent with the
Future Land Use Map and suggested densities for Planned Residential
Development.
The request is consistent with Comprehensive Plan
Land Use Designation.
Mr. Harrington advised that during 1981, there were four
amendment to the PUD submitted and approved by the Board. One of
the amendments was to move all the townhouses to one side of Kelly
Lane to accommodate the steep slope and preserve the upper, right
hand side of Kelly Lane as permanent or open green area as
designated on the plan.
The Planning Commission unanimously recommended denial because
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September 25, 1990
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(1) ...lUUl.:U:3 to the site allC1 I.,;UJ1I.,;~LIl over the exist:1ng usage of Kelly
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Lane for the existing townhouses on that private road (2)
additional demand on the road for the additional 16 units (3) fire
access and fire safety (4) changes in the character of the PUD (5)
changes from the designation of previously designated green area
to condominium location which would be inconsistent with the 1981
plan under which the units were built and sold.
Mr. Gilbert Butler, representing the petitioner J. Allison
Associates, reported that the March, 1979, map showing the green
area across from the townhouses was not signed or approved. The
plat that was recorded does not show any designation of green area.
He advised that the petitioner offered to purchase and convey Kelly
Lane to the adj oining property owners through the Stonehenge
Homeowners Association and build a culdesac at the end of Kelly
Lane.
Mr. Harrington advised that the greenway space was shown on
the 1981 final order amending stonehenge with proffers for
development and attached concept plan.
Mr. Michael Pace, Attorney, representing the Stonehenge
Homeowners Association, advised that letters of opposition had been
written by 48 homeowners.
The homeowners maintain that the
property has been designated green space for the past ten years,
and they were told by the owner, Mr. Richard Hamlett, that it would
always continue to be green space and as soon as construction was
completed, the area would be deeded to the homeowners association.
Mr. Pace reported the three criteria for amendment in
September 25, 1990
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accordance with PUD regulations have not been met because (1) the
amendment is not required for the continued support of the PUD (2)
there has been no change in conditions since approval of the
amended plan justifying further amendment of the PUD (3) there has
been no change in the development policy of the community.
Mr. James E. Buchholtz, attorney, representing the owner of
the property, Mr. Richard Hamlett, advised the board that no map
with greenway space was ever recorded. He also advised that the
County Assessor's Office made a significant increase in the
assessment of this property from $13,500 for 1989 to $110,500 for
1990.
This was reduced back to $13,500 by the Board of
Equalization at the owner's request after he was advised that he
could not develop the property.
In response to a question from
Supervisor Robers, Mr. Buchholtz advised that the owner reported
that the taxes have not been paid.
Supervisor Robers moved to deny the ordinance.
The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
DENIAL OF ORDINANCE 92590-11 AN EXISTING PLANNED UNIT
DEVELOPMENT ON A 2 ACRE TRACT OF REAL ESTATE LOCATED SOUTH OF
KELLY LANE IN THE CAVE SPRING MAGISTERIAL DISTRICT UPON THE
APPLICATION OF J. ALLISON ASSOCIATES
WHEREAS, the first reading of this ordinance was held on
August 14, 1990, and the second reading and public hearing was held
on September 25, 1990; and,
WHEREAS, the Roanoke County Planning Commission held a public
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September 25, 1990
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hearing on this matter on August 7, 1990; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
DENIED on motion of Supervisor Robers, and carried by the
following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
990-3 An ordinance rezoning 7.35 acres from RE
Residential to M-2 Manufacturing to construct
a contractor office and equipment storage
located on Catawba Valley Drive in the Catawba
Magisterial District upon the request of Lacy
G. Alexander.
Supervisor McGraw moved to continue the public hearing until
the October 23, 1990 meeting. The motion carried by the following
recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
990-4 An ordinance approving a Use Not Provided For
permi t for construction of a 50 to 60 foot
microwave tower to be located at the back
entrance of Dominion Bankshares Bankcard
Operations Center at 5673 Airport Road located
in the Hollins Magisterial District upon the
request of Dominion Bankshares Corporation.
0-92590-12
Mr. Harrington advised that there was no citizen opposition
September 25, 1990
70 :5
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to tllo ì.uyuuüL ...lud the Roanoke Regional Ah:po1. L .t:A~l.,;uL.Lv~ Director
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has no objections as long as the tower does not exceed 50 feet.
Supervisor Johnson moved to grant the use not provided for
permit.
Supervisor Nickens amended the motion to restrict the
height of the tower to 50 feet.
After discussion, Supervisor
Nickens made a substitute motion to approve use as requested with
the understanding that documents from FAA be a part of the permit
and attest to no problems with the height of the tower. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
ORDINANCE 92590-12 AUTHORIZING A USE-NOT-PROVIDED-FOR
PERMIT TO CONSTRUCT A MICROWAVE TOWER LOCATED AT 5673
AIRPORT ROAD IN THE HOLLINS MAGISTERIAL DISTRICT UPON
THE APPLICATION OF DOMINION BANKSHARES
WHEREAS, the first reading of this ordinance was held on
August 28, 1990, and the second reading and public hearing was held
September 25, 1990; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on September 4, 1990; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That a use-not-provided-for permit for a certain tract
of real estate containing 8.461 acres, as described herein, and
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September 25, 1990
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located at 5673 Airport Road, (Tax Map Number 38.14-1-4) in the
Hollins Magisterial District, is hereby authorized. This permit
approves the construction of a microwave tower subj ect to the
conditions contained in the application and supporting documents.
2. That this action is taken upon the appl ication of
Dominion Bankshares Corporation.
3. That said real estate is more fully described as follows:
BEGINNING at an old pipe on the northeasterly
side of Airport Road (25 feet from the center)
at the extreme southerly corner of property of
Blue Ridge Memorial Gardens (DB 700, Page
105); thence with the southerly line of said
tract N. 68 deg. 15' 50" E. 150.16 feet to an
old pipe; thence with the northeasterly line
of the Blue Ridge Memorial Gardens property
and the line of M. T. Fidler property N. 88
deg. 20' 14" W. 120.09 feet to an old pin on
line of property of Blue Ridge Memorial
Gardens; then with line of same N. 68 deg. 24'
14" E. 151.29 feet to an old pipe; thence N 38
degs. 14' 41" W. 104.36 feet to an old iron
pin corner to property of Blue Ridge Memorial
Gardens; thence still with line of same N. 68
deg. 25' 12" E. 470.04 feet to an old pin;
thence with a new division line through the
Patrick property S. 31 deg. 44' 27" E. 478.20
feet to an iron pin; thence with another new
line through the Patrick property and 50'
distance from and parallel to the line of C&P
Telephone Company property (DB 1011, Page 217)
S. 52 deg. 45' W. 661.42 feet to an iron pin;
thence with the arc of a circle to the right
whose radius is 25.00 feet, whose chord is N.
82 deg. 40' 45" W. 35.90 feet, an arc distance
of 38.90 feet to a point on the northeasterly
side of Airport Road (25 feet from the
center); thence with line of same N. 38 deg.
06' 30" W. 434.95 feet to the BEGINNING and
containing 8.461 acres and being as shown on
map made by T. P. Parker & Son, Engineers and
Surveyors, dated January 23, 1979.
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4. That this ordinance shall be in full force and effect
September 25, 1990
705 .
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thirty (30) days after its final passage. All ordinances or parts
of ordinances in conflict with the provisions of this ordinance be,
and the same hereby are, repealed.
On substitute motion of Supervisor Nickens to approve the use
as requested with understanding that documents from FAA be a part
of the permit and attest to no problems with height of tower, and
carried by the following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS: None
990-5 An ordinance to amend the proffered conditions
on 2.25 acres, to construct a retail drive-
thru window, located at 4515 Brambleton Avenue,
Windsor Hills Magisterial District, upon the
request of Springwood Associates.
Supervisor Nickens moved to grant the continuance at the
request of Springwood Associates Attorney. The motion carried by
the following recorded vote:
AYES:
Supervisor McGraw, Nickens, Robers
NAYS:
Supervisors Eddy, Johnson
IN RE;
SECOND READING OF ORDINANCES
1. Ordinance rescinding Ordinance 81490-6, imposing or
increasing user fees for the Parks and Recreation
Department and appropriation of funds.
0-92590-13
In response to questions from Supervisors Eddy,
Supervisor Nickens advised that this was a compromise solution.
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September 25, 1990
The ordinance was modified so that the adult athletics, youth
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athletics, and outdoor adventure fees would remain the same as on
June 30, 1990. The fee increases in other areas would generate an
amount equal to $160,000 less $74,579 taken from the unappropriated
balance to be put into field maintenance costs.
Supervisor Johnson moved to approve the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors McGraw, Johnson, Nickens, Robers
NAYS:
Supervisor Eddy
ORDINANCE 92590-13 REPEALING ORDINANCE NO. 81490-6, WHICH
IMPOSED OR INCREASED USER FEES FOR THE PARKS AND
RECREATION DEPARTMENT, AND ENACTING AN ORDINANCE TO
AUTHORIZE THE ESTABLISHMENT OF CERTAIN FEES FOR SAID
DEPARTMENT
WHEREAS, on August 14, 1990 the Board of Supervisors of
Roanoke County, Virginia,
adopted Ordinance 81490-6 which
authorized the imposition of user fees for the Parks and Recreation
Department; and,
WHEREAS, on August 28, 1990, the Board voted to reconsider
this action and to repeal said ordinance; and,
WHEREAS, the Board hereby adopts an ordinance to authorize
the establishment of certain fees for certain recreational
activities, and to appropriate from the general fund sufficient
resources to defray the costs and expenses of these activities;
and,
WHEREAS, the first reading of this ordinance was held on
September 12, 1990, and the second reading of this ordinance was
707
September 25, 1990
held on September 25, 1990.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That Ordinance No. 81490-6 is hereby repealed in its
entirety.
2. That the Director of the Roanoke County Department of
Parks and Recreation is hereby authorized to establish fees for
parks and recreation services and activities, subject to the
approval of the County Administrator, and subject to the following
standards:
~
a. Definitions:
Indirect costs include the general fund appropriation
for each of the cost centers associated with the recreation area
based on the previous fiscal year budget, plus the allocation of
the central administrative costs for the Department of Parks and
Recreation, and in the case of athletics, the share of the
ballfield maintenance, which is provided by the Parks Division of
the Department.
Direct costs relate to the specific costs of instructors
and associated supplies. The registration fee is proposed to be
established at $5 per participant, per activity and the membership
fee is proposed to be $10 annually for senior citizens, in lieu of
a registration fee.
b. Standards:
The standards are as follows:
i. For youth athletics the general fund of the
70 8
September 25, 1990
County shall subsidize all direct and indirect costs of these
activities. For fiscal year 1990-91 the amount of this subsidy
shall be $32,075.
ii. For community education and leisure arts the
fee shall be based upon a $5 registration fee, per participant,
plus 25% of the indirect cost, plus 100% of the direct cost. In
any of the programs offered by these divisions primarily for youth
under 18 years of age, there shall be no $5 per participant
registration fee.
iii. For special events the fee shall be based upon
a recovery of 40% of the indirect cost and 100% of the direct cost.
iv. For therapeutics the fee shall be based upon
a recovery of 20% of the direct cost.
v. For senior citizens the fee shall be based upon
a $10 membership fee, plus 100% of direct cost associated with the
program.
vi. For adult athletics the fee shall be based upon
100% of the direct cost. The general fund of the County shall
subsidize the balance of the costs for this activity. For fiscal
year 1990-91 the amount of this subsidy shall be $42,467.
vii. For outdoor adventure the fee shall be based
upon 100% of the direct cost. The general fund of the County shall
subsidize the balance of the costs for this activity. For fiscal
year 1990-91 the amount of this subsidy shall be $10,879.
3. That the Director shall develop guidelines for the waiver
or reduction of fees based upon demonstrable hardship and inability
709 "
September 25, 1990
-
-
to pay and shall implement related policies.
4. That the effective date of this ordinance shall be
September 25, 1990.
On motion of Supervisor Johnson to adopt ordinance, and
carried by the following recorded vote:
AYES:
Supervisors McGraw, Johnson, Nickens, Robers
NAYS:
Supervisor Eddy
2. Ordinance amending and reenacting Section 21-153,
Section 21-157, Section 21-159, Section 21-160,
Section 21-162, and Section 21-163, of Article VIII,
Tax on PreDared Food and Beveraqes of Chapter 21 of
the Roanoke County Code, Taxation, to increase the
criminal penalties for failure to file the required
returns or to collect or pay the tax imposed by this
article.
0-92590-14
There was no discussion.
Supervisor Nickens moved to approve the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
ORDINANCE 92590-14 AMENDING AND REENACTING SECTION 21-153,
SECTION 21-157, SECTION 21-159, SECTION 21-160, SECTION 21-
162 and SECTION 21-163, OF ARTICLE VIII, TAX ON PREPARED FOOD
AND BEVERAGES, OF CHAPTER 21 OF THE ROANOKE COUNTY CODE,
TAXATION, TO INCREASE THE CRIMINAL PENALTIES FOR FAILURE TO
FILE THE REQUIRED RETURNS OR TO COLLECT OR PAY THE TAX IMPOSED
BY THIS ARTICLE.
WHEREAS, the Board of Supervisors of Roanoke County, Virginia,
by ordinance 51088-8 adopted a tax on prepared food and beverages
71 0
September 25, 1990
-
-
as authorized by § 58.1-3833 of the Code of Virginia, 1950, as
amended; and
WHEREAS, § 58.1-3916.1 authorizes a local governing body to
impose criminal penalties for refusal or willful failure to file
a tax return or for making false statements with the intent to
defraud in such returns; and
WHEREAS, since the effective date of this ordinance there have
been numerous prosecutions of businesses for failure to collect or
pay to the Treasurer of Roanoke County the tax levied upon prepared
food and beverages under Article VIII of Chapter 21 of the Roanoke
County Code; and
WHEREAS, the lack of stronger criminal penalties has caused
difficulty for the Office of the Commonwealth's Attorney of Roanoke
County and the Office of the Treasurer of Roanoke County in
collecting these taxes where the amount of such defalcation is
substantial; and
WHEREAS, the first reading of this ordinance was held on
September 11, 1990, and the second reading was held on September
25, 1990.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That Article VIII, TAX ON PREPARED FOOD AND BEVERAGES, of
Chapter 21, TAXATION, of the Roanoke County Code, is hereby amended
and reenacted by amending Section 21-153, Section 21-157, Section
21-159, Section 21-160, Section 21-162, and Section 21-163 to read
and provide as follows:
711 ~;
September 25, 1990
-
section 21-153. Returns Reports and remittances qenerally.
Every seller of food with respect to which a tax is
levied under this article shall make out a return report, upon
such forms and setting forth such information as the
Commissioner of the Revenue may prescribe and require, showing
the amount of food charges collected and the tax required to
be collected, and shall sign and deliver such return report
to the County Treasurer of Roanoke County with a remittance
of such tax. Such return reports and remittance shall be made
on or before the twentieth day of each month, covering the
amount of tax collected during the preceding month.
section 21-157. Duty of seller when qoinq out of business.
Whenever any seller required to collect and ãflY pay to
the County a tax under this Article shall cease to operate or
otherwise dispose of his business, any tax payable under this
article shall become immediately due and payable and such
person shall immediately make a return report and pay the tax
due.
section 21-159. Enforcement; duty of Commissioner of the
Revenue.
The Commissioner of the Revenue shall promulgate rules
and regulations for the interpretation, administration and
enforcement of this article.
It shall also be the duty of
the Commissioner of the Revenue to ascertain the name of every
seller liable for the collection of the tax imposed by this
article, who fails, refuses or neglects to collect such tax
712
September 25, 1990
-
-
or to make the returns reports and remittances required by
this Article article. The Commissioner of the Revenue shall
have all of the enforcement powers as authorized by Article
1, Chapter 31 of Title 58.1 of the Code of Virginia, 1950, as
amended, for purposes of this Article.
section 21-160.
Procedure upon failure to collect. report. EC
If any seller, whose duty it is to do so shall fail or
refuse to collect the tax imposed under this Article article
and to make within the time provided in this Article article,
the returns reports and remittances mentioned in this Article
article, the Commissioner of the Revenue shall proceed in such
manner as he may deem best to obtain facts and information on
which to base his estimate of the tax due. As soon as the
Commissioner of the Revenue shall procure such facts and
information as he is able to obtain upon which to base the
assessment of any tax payable by any seller who has failed or
refused to collect such tax and to make such return report and
remittance, he shall proceed to determine and assess against
such seller the tax and penalties provided for by this Article
article and shall notify such seller, by registered mail sent
to his last known place of address, of the total amount of
such tax and penalties and the total amount thereof shall be
payable wi thin ten (10) days from the date such notice is
sent.
Section 21-162. Penalty of late remittance or false return.
(a) If any seller whose duty it is to do so shall fail
713
-
September 25, 1990
or refuse to file any return report required by this Article
article or to remit to the COURty Treasurer of Roanoke County
the tax require to be collected and paid under this Article
article within the time and in the amount specified in this
Article article, there shall be added to such tax by the
Commissioner of the Revenue COURty Treasurer of Roanoke
County a penalty in the amount of ten (10) percent if the
failure is not for more than thirty (30) days, with an
additional ten (10) percent of the total amount of tax owed
for each additional thirty (30) days or fraction thereof
during which the failure continues, not to exceed twenty-five
(25) percent in the aggregate, with a minimum penalty of two
dollars ($2.00).
(b) In the case of a false or fraudulent return with
intent to defraud the County of any tax due under this Article
article, a penalty of fifty (50) percent of the tax shall be
assessed against the person required to collect such tax.
Section 21-163. Violations of article.
(a) It shall be unlawful and a violation of this Chapter
for any person to fail. refuse or neqlect to comply with any
provision of this Article. Such violation shall constitute (i)
a Class 3 misdemeanor if the amount of tax levied or assessed
in connection with any return reauired by this Article but
unpaid as of the date of conviction is $1.000.00 or less. or
(ii) a Class 1 misdemeanor if the amount of tax levied or
assessed in connection with any return reauired bv this
714
September 25, 1990
-
-
Article but un-paid as of the date of conviction is more than
$1.000.00.
iQl Conviction of such violation shall not relieve any
person from the payment, collection or remittance of the taxes
provided for in this Article article. Any agreement by any
person to pay the taxes provided for in this Article article
by a series of installment payments shall not relieve any
person of criminal liability for violation of this Article
article until the full amount of taxes agreed to be paid by
such person is received by the Treasurer of Roanoke County.
Each failure, refusal, neglect or violation, and each day's
continuance thereof, shall constitute a separate offense.
Any pcrson violating, failing, refusing or neglecting to
comply with any provision of this article shall bc guilty of
a Class 3 misdcmcanor. Con7iction of such violation shall not
rclicve any pcrson from thc pa}~cnt, collection or rcmittance
of thc taxcs providcd for in this article. Any agrcemcnt by
any pcrson to pay thc taxes pro7ided for in this articlc by
a scries of installmcnt paymcnts shall not rclicvc any pcrson
of criminal liability for violation of this articlc until the
full amount of taxcs agrccd to bc paid by such pcr30n is
rcccivcd by thc Trcasurer. Each f~ilure, rcfusal, ncglcct or
9Jiolation,
and cach day's continuancc thcrcof, shall
constitutc a scparate offcnsc.
2. That this ordinance shall be in full force and effect on
and after October 1, 1990.
September 25, 1990
715
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On mot1on of Supervisor Nickens to adopt ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
IN RE;
OTHER BUSINESS
1. Darrell Shell ScholarshiD Fund
Supervisor
Eddy moved
to
authorize
the
County
Administrator to donate $1,000 to the Darrell Shell Scholarship
Fund at Radford University from the Board Contingency Fund. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
2. Dixie Caverns Landfill Cleanup
Supervisor Johnson moved to authorize the County Attorney
to go forward with collection efforts regarding Dixie Caverns
Landfill cleanup.
The motion carried by the following recorded
vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
IN RE;
ADJOURNMENT
Supervisor Johnson moved to adjourn at 9:45 p.m. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, McGraw, Johnson, Nickens, Robers
NAYS:
None
~}ljJ/JJ
Ri hard . Robers, Chairman