HomeMy WebLinkAbout5/10/1988 - Regular
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May 10, 1988
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, SW
Roanoke, Virginia 24018
May 10, 1988
The Roanoke County Board of Supervisors of Roanoke
Co nty, Virginia, met this day at the Roanoke County
Ad inistration Center, this being the first Tuesday, and the
fi st regularly scheduled meeting of the month of May, 1988.
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IN RE:
CALL TO ORDER
Chairman Garrett called the meeting to order at 3:05
The roll call was taken.
ME ERS PRESENT:
Chairman Lee Garrett, Vice Chairman Richard
Robers, Supervisors Bob L. JOhnson, Steven
A. McGraw, Harry C. Nickens
ME ERS ABSENT:
Supervisor McGraw (arrived at 3:07 p.m.)
ST F PRESENT:
Elmer C. Hodge, County Administrator; John
M. Chambliss, Assistant County
Administrator for Human Services; John R.
Hubbard, Assistant County Administrator for
Community Services and Development; Paul M.
Mahoney, County Attorney, Mary H. Allen,
Deputy Clerk
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IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Sam Crews,
Coopers Cove Baptist Church. The Pledge of Allegiance was
recited by all present.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
A staff member of U. S. Senator Paul Trible's offic
was present to donate to the County the U. S. Flag that was f
over the U. S. Capital on March 30, 1988, Roanoke County's 15
birthday. Receiving the flag was County Treasurer Alfred
Anderson and Board Chairman Lee Garrett.
IN RE: NEW BUSINESS
1. A roval of Letter of Understandin on Valle
Proiect: Economic Development Director Timothy Gubala advise
that they have received the first set of road plans for the
Valleypointe project. Lingerfelt Development has retained Ha s,
Seay, Mattern and Mattern as the engineering firm to formulat
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the plans. The County will then go out for public bid for th
road construction. The Letter of Understanding clarifies the
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di cussions between the County and Lingerfelt. There is also a
s edule of events for construction.
Supervisor Johnson asked why the cost had gone up from
$2 million to $2.5 million. He asked why there have been changes
in the agreement with Lingerfelt. Mr. Hodge responded that the
nty's portion is still $2 million for Phase I and Phase II.
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Mr. Hodge advised that the agreement needs to be
by the deletion of a paragraph.
Supervisor Johnson moved to approve the Letter of
erstanding after the elimination of paragraph 5. The motion
seconded by Supervisor Nickens and carried by the following
orded vote:
S: Supervisors Johnson, Robers, Nickens Garrett
NA S: None
AB TAIN: Supervisor McGraw
2. Contribution to VACO for Rate Neaotiations with
A alachian Power Corn an
Director of Finance Diane Hyatt
re orted that a VML/VACO Steering Committee was formed to
ne otiate rate reductions for their service. The negotiations
we e successful and Roanoke County's estimated savings are
$2 7,000 during this fiscal year and next fiscal year.
Ap roximately 75% of the savings is for school properties. VACO
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an VML have requested a contribution of $7,000 toward the
ex enses of these negotiations. Staff recommends that the County
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contribute to this expense in proportionate amount between the
County and the Schools.
Supervisor Nickens moved to approve the staff
recommendation. The motion was seconded by Supervisor McGraw nd
carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens Garrett
NAYS:
None
3. Authorization to accept a arant from the Va.
De artment of Services for Re ional Hazardous Materi I
response: Larry Logan, Fire and Rescue Department, reported t at
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Roanoke County has an opportunity to participate in a regional
response program with other localities in the Roanoke Valley.
The agreement funds all level 3 responses. Funding would be a
minimum of $90,000 over the next three years and would include
annual physicals, all expenses incurred by Roanoke County for he
response, technical training, and workman's compensation for
level 3 responses. They will also repair or replace any damag
as a result of responses. Supervisor Johnson moved to accept he
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grant. The motion was seconded by Supervisor Robers and carri d
by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens Garrett
NAYS:
None
4. Approval to proceed with public hearinas and
ordinance amendina premium refuse collection service: Directo
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o General Services Gardner Smith explained there is now an
o inance concerning premium service that allows for household
r use only. There are other bags left by residents not covered
b the ordinance. The change to the ordinance will allow pickup
o all bags to the rear or side of the house and increase the fee
t cover the additional bags. There are 350 residences
p sently using premium service out of 28,000.
Supervisor McGraw moved to amend the ordinance. The
mo ion was seconded by Supervisor McGraw and carried by the
fo lowing recorded vote:
AY S:
NA S:
Supervisors Johnson, Robers, McGraw, Nickens Garrett
None
5. Approval of cooperative ventures proposed bv the
Ro noke Valle eration Committee: Supervisor McGraw
an ounced they had chosen a facilitator for the committee who
wi I also act as chairman. He and Supervisor Robers outlined the
pr jects that the committee had recommended for further study.
Th y include building inspections; asbestos control and removal,
sc ool buses, central purchasing, schools, building maintenance,
ec nomic development efforts, insurance coverage, and library
se vices
Supervisor Garrett moved that the Board members on the
co mittee be authorized to proceed with discussion on these
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Ii projects. The motion was seconded by Supervisor Nickens and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens Garrett
NAYS:
None
6. Authorization to proceed with a Wellness Proaram
for Roanoke Count v: Personnel Analyst Kathy Claytor reported
that the Department of Human Services has completed a study on a
wellness program. They are recommending a program sponsored b
the American Heart Association entitled "Heart at Work". The
program consists of five areas - High Blood Pressure, Smoking
Cessation, Nutrition, Exercise and Signals and Actions to prev nt II
heart disease. The first step will be a Health Risk Appraisal
through the County Health Department which will include
cholesterol and blood pressure testing. The first year cost f r
the program is $3400.
In response to a question from Supervisor Johnson, M .
Claytor advised that the Wellness Program will be voluntary.
Supervisor Johnson felt the program should be mandatory and ho ed
it could be expanded in the future. Ms. Claytor stated that t e
Health Risk Appraisal would show where the program needs to
expand.
Supervisor Nickens moved to approve the Wellness
carried by the following recorded vote:
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Program. The motion was seconded by Supervisor Johnson and
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of the Classification Plan for fiscal year
8-89: Director of Human Resources Keith Cook announced that
t Classification Plan this year consists of 15 steps of
roximately 2-1/2% between each step. This is to allow for the
for Performance merit system if this program is approved.
average increase will remain at 5% or a two-step increase.
Classification Plan also includes a 5% increase to maintain a
petitive pay structure with other localities and the private
tor. The changes in the grades as a result of the market
vey is also included. Staff recommends approval of the
CI ssification Plan.
Mr. Cook explained how the Pay for Performance Plan
wo ld work. There are five percent increases funded in the
de artmental budgets. Increases would average 5%, but the plan
wo ld allow for a 0, 2-1/2, 5, 7-1/2 or 10% increase, based on
pe formance.
Supervisor Johnson stated he did not like the
ad itional steps being added which could mean it would take
lo ger to reach the top of scale.
Supervisor Nickens moved to approve the Classification
PI n. The motion was seconded by Supervisor McGraw and carried
by the following recorded vote:
A S: Supervisors
N S: None
7 . Approval
Johnson, Robers, McGraw, Nickens Garrett
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AYES:
Supervisors Robers, McGraw, Nickens Garrett
NAYS:
Supervisor Johnson
IN RE:
WORK SESSION
Chairman Garrett advised there would be a work sessi n
on May 24 at 3:00 p.m. with the Corps of Engineers on the Roan ke
River Tributaries.
IN RE:
FIRST READING OF ORDINANCES
1. Ordinance amendina and readoptina Section 12-8,
Ado tion of state law of Article I of Cha ter 12 Motor Vehicl s
and Traffic of the Roanoke County Code: County Attorney Paul
Mahoney reported that several months ago a substitute General
District Court judge had a problem with the County Code becaus
it did not incorporate the most recent amendments of the Gener 1
Assembly. An ordinance has been drafted that addresses the
concerns of the judiciary. The second reading is scheduled fo
May 24th with an effective date of May 25, 1988. No one was
present to speak on the proposed ordinance.
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Supervisor Nickens moved first reading of the ordina ceo
The motion was seconded by Supervisor McGraw and carried by th
following recorded vote:
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Supervisors Johnson, Robers, McGraw, Nickens Garrett
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"Fire Lanes" and the re eal of Article II "Fire
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None
2. Ordinance amendina Chapter 9, "Fire Prevention and
P tection" of the Roanoke Count
Section 9-2
Sale Dischar e etc. of Fireworks" the re eal of
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Code II. and b the enactment of a new Article II
II 'r inia Statewide Fire PRevention Code" to rovide for the
es ablishment of certain ermit and ins ection fees and to
au horize the enforcement of same: Mr. Mahoney advised that the
st te has incorporated a new fire prevention code which would be
en orced by the State Fire Marshal. However, the state law
au horizes local enforcement of the code. Staff recommendation
is that local enforcement be authorized. This ordinance would
in orporate the state code, and adding certain sections including
a ermit fee. There will be a public hearing on the permit fee
on May 24 as well as the second reading of the ordinance.
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Fire Marshal Ken Sharp was present to answer any
qu stions.
Supervisor Nickens moved to approve first reading.
The
mo ion was seconded by Supervisor Robers and carried by the
fo lowing recorded vote:
AY S:
Supervisors Johnson, Robers, McGraw, Nickens Garrett
NA S:
None
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May 10. 1988
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3. Ordinance amendin Ordinance No. 2988-6 authoriz n
the lease of approximate Iv five (5) acres in the Hollins/Old
Mountain Road area b the COunt of Roanoke from In ersoll Ran
for recreational purposes: Mr. Mahoney reminded the Board tha
the ordinance was originally adopted several months ago. The
terms were originally negotiated for twenty-five years.
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Ingersoll-Rand has requested that the term of the lease be
reduced to a three-year renewable lease which would allow for
expansion of their plant in the next 25 years. This ordinance
would amend the original ordinance, changing the terms of the
lease. No one was present to speak to the ordinance.
Supervisor McGraw asked if there was an understandin
within the community that this tract would always be used for
recreational purposes. Supervisor Johnson responded that he d d
not anticipate construction on this acreage, and that the requ st
carne from corporate headquarters. There would still be land
available for recreational purposes other than this land.
Supervisor Johnson moved to approve first reading. he
motion was seconded by Supervisor Robers and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens Garrett
NAYS:
None
IN RE: SECOND READING OF ORDINANCES
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1. Ordinance amendina and reenactina Chapter 21 of the
Count Code Taxation b the addition of a new Article
Tax on Pre ared Food and Bevera es· such new Arti Ie VIII
a tax on certain food and bevera es sold in the Count
ursuant to Section 58-1-3833 Code of Vir inia
as amended and rovided for the amount of such tax
cedures for collection duties of sellers and duties of local
with res ect to such tax enforcement rocedures civil
for late a ment misdemeanor enalties for violations
exem tions and an effective date: Mr. Mahoney
this ordinance will become effective July 1, 1988.
St ff is requesting an appropriation of $11,500 from the Board
Co tingency Fund for expenses for forms and computer work to gear
or inance.
up the meals tax ordinance. No one was present to speak to this
Supervisor Nickens moved to approve the ordinance. The
mo ion was seconded by Supervisor Robers and carried by the
fo lowing recorded vote:
AY S:
NA S:
Supervisors Johnson, Robers, McGraw, Nickens Garrett
None
ORDINANCE 51088-8 AMENDING AND
REENACTING CHAPTER 21 OF THE ROANOKE
COUNTY CODE, TAXATION, BY THE ADDITION
OF A NEW ARTICLE VIII, TAX ON PREPARED
FOOD AND BEVERAGES; SUCH NEW ARTICLE
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VIII IMPOSING A TAX ON CERTAIN FOOD AND
BEVERAGES SOLD IN THE COUNTY OF
ROANOKE, PURSUANT TO SECTION 58.1-3833,
CODE OF VIRGINIA (1950), AS AMENDED,
AND PROVIDING FOR THE AMOUNT OF SUCH
TAX, PROCEDURES FOR COLLECTION, DUTIES
OF SELLERS AND DUTIES OF LOCAL
OFFICIALS WITH RESPECT TO SUCH TAX,
ENFORCEMENT PROCEDURES, CIVIL PENALTIES
FOR LATE PAYMENT, MISDEMEANOR PENALTIES
FOR VIOLATIONS OF ARTICLE, EXEMPTIONS,
AND AN EFFECTIVE DATE
WHEREAS, after consideration of this subject and aft r
an opportunity for the citizens of this County to be heard upo
this matter at a public hearing held on April 12, 1988, pur sua t
to Section 58.1-3007, Code of Virginia (1950), as amended; and
WHEREAS, the first reading on this ordinance was hel
on April 26, 1988, and the second reading on this ordinance wa
held on May 10, 1988; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, finds that it is appropriate to impose a tax on cert in
food and beverages sold in the County of Roanoke, pursuant to
Section 58.1-3833, Code of Virginia (1950), as amended.
BE IT ORDAINED by the Board of Supervisors of Roanok
County, Virginia, as follows:
1. That Chapter 21, Taxation, of the Code of Roanok
County, is hereby amended and reenacted by the addition of a n w
Article VIII, Tax on prepared food and beveraaes, to read and
provide as follows:
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May 10, 1988
ARTICLE VIII.
TAX ON PREPARED FOOD AND BEVERAGES
S . 21-150. Definitions.
The following words and phrases, when used in this arti-
, shall have, for the purposes of this article, the following
pective meanings except where the context clearly indicates a
ferent meaning:
(a) Caterer: A person who furnishes food on the prem-
ises of another, for compensation.
(b) Commissioner of the Revenue: The Commissioner of
the Revenue of the County of Roanoke, and any of
his duly authorized deputies, assistants, employ-
ees or agents.
(c) Food: Any and all edible refreshments or nourish-
ment, liquid or otherwise, including alcoholic
beverages, purchased in or from a restaurant or
from a caterer, except snack foods.
(d) Person: Any individual, corporation, company,
association, firm, partnership or any group of
individuals acting as a unit.
(e) Purchaser: Any person who purchases food in or
from a restaurant or from a caterer.
(f) Restaurant: Any place in or from which food is
sold in the County, including, but not limited to,
any restaurant, dining room, grill, coffee shop,
cafeteria, cafe, snack bar, lunch counter, delica-
tessen, confectionery, bakery, eating house, eat-
ery, drugstore, vending machine, lunch wagon or
truck, pushcart or other mobile facility from
which food is sold, public or private club, re-
sort, bar or lounge. The word "restaurant" shall
not mean a grocery store or supermarket except for
any space or section therein designated as a deli-
catessen or for the sale of prepared sandwiches,
delicatessen food or food prepared in a delicates-
sen.
(g) Seller: Any person who sells food in or from a
restaurant or as a caterer.
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May 10, 1988
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(h) Snack food: Unopened bottles or cans of carbo -
ated soft drinks; chewing gum; candy; popcorn;
peanuts and other nuts; unopened packages of c k-
ies, donuts, crackers and potato chips; and ot r
items of essentially the same nature and consu d
for essentially the same purpose.
(i) Treasurer: The Treasurer of the County of Roa ke
and any of his duly authorized deputies, assis
tants, employees or agents.
Sec. 21-151.
Levv of tax: amount.
In addition to all other taxes and fees of any kind ow
or hereafter imposed by law, a tax is hereby levied and impos
on the purchaser of all food served, sold or delivered in the
County in or from a restaurant, whether prepared in such rest
rant or not and whether consumed on the premises or not, or b a
caterer. The rate of this tax shall be four (4) percent of t
amount paid for such food. In the computation of this tax, a I
fraction of one-half cent or more shall be treated as one cen .
Sec. 21-152.
Payment and collection of tax.
Every seller of food with respect to which a tax is
levied under this article shall collect the amount of tax imp sed
under this article from the purchaser on whom the same is lev' d
at the time payment for such food becomes due and payable, wh -
ther payment is to be made in cash or on credit by means of a
credit card or otherwise. The amount of tax owed by the purc
ser shall be added to the cost of the food by the seller who
shall pay the taxes collected to the County as provided in th's
article. Taxes collected by the seller shall be held in trus by
the seller until remitted to the County.
Sec. 21-153.
Reports and remittances aenerallv.
Every seller of food with respect to which a tax is
levied under this article shall make out a report, upon such
forms and setting forth such information as the Commissioner
the Revenue may prescribe and require, showing the amount of
charges collected and the tax required to be collected, and s
sign and deliver such report to the County Treasurer with a r
tance of such tax. Such reports and remittance shall be made
or before the twentieth day of each month, covering the amoun
tax collected during the preceding month.
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S . 21-154.
Preservation of records.
It shall be the duty of any seller of food liable for
c lection and remittance of the taxes imposed by this article to
k p and preserve for a period of three years records showing
g ss sales of all food and beverages, the amount charged the
p chaser of each such purchase, the date thereof, the taxes col-
le ted thereon and the amount of tax required to be collected by
t 's article. The Commissioner of the Revenue shall have the
po er to examine such records at reasonable times and without
un easonable interference with the business of the seller, for
t purpose of administering and enforcing the provisions of this
icle and to make copies of all or any parts thereon.
. 21-155.
Advertisina payment or absorption of tax prohib-
ited.
No seller shall advertise or hold out to the public in
manner, directly or indirectly, that all or any part of the
imposed under this article will be paid or absorbed by the
ler or anyone else, or that the seller or anyone else will
ieve the purchaser of the payment of all or any part of the
. 21-156.
Tips and service charaes.
Where a purchaser provides a tip for an employee of a
ler, and the amount of the tip is wholly in the discretion of
purchaser, the tip is not subject to the tax imposed by this
icle, whether paid in cash to the employee or added to the
I and charged to the purchaser's account, provided, in the
ter case, the full amount of the tip is turned over to the
loyee by the seller.
An amount or percent, whether designated as a tip or a
se vice charge, that is added to the price of the meal by the
se ler, and required to be paid by the purchaser, is a part of
th selling price of the meal and is subject to the tax imposed
by this article.
Se . 21-157.
Dutv of seller when aoina out of business.
Whenever any seller required to collect any pay to the
Co nty a tax under this article shall cease to operate or other-
wi e dispose of his business, any tax payable under this article
sh II become immediately due and payable and such person shall
im ediately make a report and pay the tax due.
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May 10, 1988
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Sec. 21-158.
Discount.
For the purpose of compensating sellers for the col c-
tion of the tax imposed by this article, every seller shall b
allowed three (3) percent of the amount of the tax due and ac
counted for in the form of a deduction on his monthly return;
provided, the amount due is not delinquent at the time of pay
mente
Sec. 21-159.
Enforcement· dut of Commissioner of the Reven
s
The Commissioner of the Revenue shall promulgate ru
and regulations for the interpretation, administration and en
forcement of this article. It shall also be the duty of the
missioner of the Revenue to ascertain the name of every selle
liable for the collection of the tax imposed by this article,
fails, refuses or neglects to collect such tax or to make the
reports and remittances required by this article. The Commis
sioner of the Revenue shall have all of the enforcement power
authorized by Article 1, Chapter 31 of Title 58.1 of the Code
Virginia (1950), as amended, for purposes of this Article.
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Sec. 21-160.
Procedure upon failure to collect, report, etc.
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If any seller, whose duty it is to do so shall fail r
refuse to collect the tax imposed under this article and to m e,
within the time provided in this article, the reports and rem' -
tances mentioned in this article, the Commissioner of the Rev ue
shall proceed in such manner as he may deem best to obtain fa s
and information on which to base his estimate of the tax due. As
soon as the Commissioner of the Revenue shall procure such fa s
and information as he is able to obtain upon which to base th
assessment of any tax payable by any seller who has failed or
refused to collect such tax and to make such report and remit
tance, he shall proceed to determine and assess against such
seller the tax and penalties provided for by this article and
shall notify such seller, by registered mail sent to his last
known place of address, of the total amount of such tax and p al-
ties and the total amount thereof shall be payable within ten
(10) days from the date such notice is sent.
Sec. 21-161.
Dutv of Count v Treasurer.
The Treasurer shall have the power and the duty of
collecting the taxes imposed and levied hereunder and shall C1 se
the same to be paid into the general treasury for the County.
Sec. 21-162. Penaltv of late remittance or false return.
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(a) If any seller whose duty it is to do so shall fail
o refuse to file any report required by this article or to remit
t the County Treasurer the tax required to be collected and paid
u er this article within the time and in the amount specified
i this article, there shall be added to such tax by the County
T asurer a penalty in the amount of ten (10) percent if the fail-
u is not for more than thirty (30) days, with an additional ten
(1 ) percent of the total amount of tax owed for each additional
t 'rty (30) days or fraction thereof during which the failure
co tinues, not to exceed twenty-five (25) percent in the aggre-
ga e, with a minimum penalty of two dollars ($2.00).
(b) In the case of a false or fraudulent return with
ent to defraud the County of any tax due under this article, a
alty of fifty (50) percent of the tax shall be assessed
inst the person required to collect such tax.
. 21-163.
Violations of article.
Any person violating, failing, refusing or neglecting
comply with any provision of this article shall be guilty of a
ss 3 misdemeanor. Conviction of such violation shall not
ieve any person from the payment, collection or remittance of
taxes provided for in this article. Any agreement by any
son to pay the taxes provided for in this article by a series
installment payments shall not relieve any person of criminal
bility for violation of this article until the full amount of
es agreed to be paid by such person is received by the Trea-
ere Each failure, refusal, neglect or violation, and each
's continuance thereof, shall constitute a separate offense.
Se . 21-164.
Exemptions.
The following purchases of food shall not be subject to
th tax under this article:
(a) Food furnished by restaurants to employees as part
of their compensation when no charge is made to
the employee.
(b) Food sold by non-profit day care centers, public
or private elementary or secondary schools or food
sold by any college or university to its students
or employees.
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May 10, 1988
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(c)
Food for use or consumption by the Commonwealt
any political subdivision of the Commonwealth
the United States.
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(d) Food furnished by a hospital, medical clinic, n-
valescent home, nursing home, home for the age
infirm or handicapped or other extended care f il-
ity to patients or residents thereof.
(e) Food Furnished by a non-profit charitable orga za-
tion to elderly, infirm, handicapped or needy r-
sons in their homes or at central locations.
(f) Food sold by a non-profit educational, charita e
or benevolent organization on an occasional ba 's
as a fund-raising activity or food sold by a
church or religious body on an occasional basi .
(g) Any other sale of food which is exempt from ta
tion under the Virginia Retail Sales and Use T
Act, or administrative rules and regulations
issued pursuant thereto.
2. That this ordinance shall be in full force and
effect on and after July 1, 1988.
IN RE:
APPOINTMENTS
1. BuildinG Code Board of Adiustments and Appeals:
Supervisor Garrett nominated Jon Walp to a four-year term whi
will expires April 13, 1992.
2. Parks and Recreation Advisorv Commission:
Supervisor Johnson nominated James Bryant to another three-ye
term expiring June 30, 1991. Supervisor McGraw nominated Yvo e
Willis and Kenneth Bowen to another three-year term expiring
30, 1991.
ne
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IRE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUDervisor Johnson requested that Supervisors Garrett,
ers and appropriate staff study the results of privatization
i Phoenix, Arizona before proceeding with future efforts in
noke County. Supervisor Garrett will contact Phoenix for
f
information.
Supervisor McGraw requested Board support for doubling
tipping fee at the landfill, asking Delegate Cranwell's
istance with General Assembly action on waste-to-energy
orts, and asking the Landfill Board to further investigate
te-to-energy. Chairman Garrett requested delay of a vote on
se issues to May 24, 1988.
Supervisor Nickens advised that the schools paid
,000 for private trash pickup. He asked staff to investigate
possibility of the County handling the school trash pickup.
He also requested a report on commercial trash pickup.
IN RE:
CONSENT AGENDA
Supervisor Nickens moved to approve the Consent Agenda.
motion was seconded by Supervisor Johnson and carried by the
fo lowing recorded vote:
S: Supervisors Johnson, Robers, McGraw, Nickens Garrett
760 ·e
Mau 10,- 1988
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None
RESOLUTION NO. 51088-9 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET FORTH
ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM K -
CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanok
County, Virginia, as follows:
II 1. That that certain section of the agenda of the
I Board of Supervisors for May 10, 1988, designated as Item K -
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Ite
through 8, inclusive, as follows:
1. Minutes of Meetings - February
23, 1988
2. Request for acceptance of Fresh Meadow Lane an
Cloverleaf Circle into the VDOT Secondary Syste .
3. Request for acceptance of Haven's Trail into t
VDOT Secondary System.
4. Confirmation of Committee Appointments to the
Fifth Planning District Commission, the Parks &
Recreation Advisory Commission, and Total Actio
Against Poverty Board of Directors.
5. Resolution requesting approval of grant
application for Clean Valley Council.
6.
Resolution of approval from the Planning
Commission for proposed park development in the
Hollins Project area.
7 .
Authorization to enter into an agreement for us
and maintenance of private road.
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8. Acknowledgment from VDOT of the acceptance of 0.06
miles of Old Manor Drive and 0.11 miles of Old
Manor Court 0.13 miles of Branderwood Drive, 0.11
miles of Whipplewood Drive, 0.45 miles of
Summerset Drive and 0.07 miles of Summerset Circle
into VDOT Secondary System.
2. That the Clerk to the Board is hereby authorized
a directed where required by law to set forth upon any of said
i ms the separate vote tabulation for any such item pursuant to
t s resolution.
RESOLUTION 51088-9.a REQUESTING ACCEPTANCE OF
FRESH MEADOW LANE AND CLOVERLEAF CIRCLE INTO THE
VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD
SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke
nty, Virginia, as follows:
1. That this matter carne this day to be heard upon the
ceedings herein, and upon the application of Fresh Meadow Lane
Cloverleaf Circle to be accepted and made a part of the
Vi ginia State Code.
ondary System of State Highways under Section 33.1-229 of the
2. That it appears to the Board that drainage easements
a fifty (50) foot right-of-way for said roads have been
icated by virtue of certain maps known as Beverly Heights
th, Section 4 and North Meadows, Section 1, which maps
II we e recorded in Plat Book 9, Page 264 and Plat Book 10, Page 36
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762
May 10, 1988
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respectively, of the records of the Clerk's Office of the Circ it
Court of Roanoke County, Virginia, on October 28, 1983 and
December 15, 1986, respectively, and that by reason of the
recordation of said maps no report from a Board of Viewers, n
consent or donation of right-of-way from the abutting propert
owners is necessary. The Board hereby guarantees said
right-of-way for drainage.
3. That said roads known as Fresh Meadow Lane and
Cloverleaf Circle, which are shown on a certain sketch
accompanying this Resolution, be, and the same are hereby
established as public roads to become a part of the State
Secondary System of Highways in Roanoke County, only from and
after notification of official acceptance of said streets or
highways by the Virginia Department of Transportation.
RESOLUTION 51088-9.b REQUESTING ACCEPTANCE OF
HAVEN'S TRAIL INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. Thtt this matter carne this day to be heard upon the
proCeedings~erein, and upon the application for Haven's Trai
from it's intèrsection with Route 864 to the terminus at the
"
cul-de-sac for a~istanc~,of 0.08 mile, to be accepted and ma
:or"
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May 10, 1988
7.63
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pa 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
an a fifty (50) foot right-of-way for said road have been
icated by virtue of a certain map known as Buckhorn Meadows
which map was recorded in Plat Book 10, Page 52, of
s
records of the Clerk'S Office of the Circuit Court of Roanoke
C unty, Virginia, on April 13, 1987 and that by reason of the
t
r cordation of said map no report from a Board of Viewers, nor
c nsent or donation of right-of-way from the abutting property
o ners is necessary. The Board hereby guarantees said
'ght-of-way for drainage.
3. That said road known as Haven's Trail and which is
a certain sketch accompanying this Resolution, be, and
he same is hereby established as public road to become a part of
he State Secondary System of Highways in Roanoke County, only
rom and after notification of official acceptance of said
treet or highway by the Virginia Department of Transportation.
RESOLUTION 51088-9.d
AUTHORIZING THE CLEAN
VALLEY COUNCIL TO APPLY FOR
AN ANTI-LITTER PROGRAM
GRANT FOR ROANOKE COUNTY
BE IT RESOLVED by the Board of supervisors of Roanoke
County, Virginia, as follows:
764
May 10, 1988
1. That the Board hereby expresses its intent to
combine with the City of Roanoke, Town of Vinton, Botetourt
County, and City of Salem in a mutually agreed upon and
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cooperative program, contingent on approval of the applicatio by
the Department of Waste Management, Division of Litter Contro
and Recycling, and contingent on receipt of such funds for th
fiscal year ending June 30, 1989; and
2. That the Board hereby authorizes Clean Valley
Council, Inc., to plan and budget for a cooperative anti-litt
program for the fiscal year ending June 30, 1989 which shall
represent said program for all localities named in this
resolution; and
3. That the Board further authorizes Clean Valley
Council, Inc., to apply on behalf of Roanoke County for a gra
and to be responsible for the administration, implementation,
completion of the program; and
4. That the Board further accepts responsibility
jointly with the Clean Valley Council, Inc., and the City of
Roanoke, Town of Vinton, Botetourt County, and City of Salem r
all phases of the program; and
5. That said funds when received will be transferr
immediately to Clean Valley Council, Inc; all funds will be u
in the cooperative program to which the Board gives its
endorsement and support; and
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6. That the financial records of Clean Valley Council,
I ., shall be subject to inspection and review by the Assistant
C nty Administrator of Management Services and such data shall
b presented to allow proper reporting on a timely basis by the
C nty; and
7. That the Board requests the Department of
W te Management, Division of Litter Control and Waste Recycling
to consider and approve the application and program, said program
be'ng in accord with the regulations governing use and
ex enditure of said funds.
IN RE:
REPORTS
Supervisor Nickens moved to receive and file the
fo lowing reports. The motion was seconded by Supervisor McGraw
carried by the following recorded vote:
S: Supervisors Johnson, Robers, McGraw, Nickens Garrett
S: None
1 . General Operating Fund income analysis and
St tement of Expenditures for month ended March 31, 1988.
2. Unappropriated balance in Capital Fund
3. Unappropriated balance in General Fund
4 . Unappropriated balance in Board Contingency Fund.
IN RE:
CITIZENS COMMENTS AND COMMUNICATIONS
766
May 1 0, .1.9 R R
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1. Donna Wood, 3876 Pitzer Road, presented a petiti n
with 1,375 signatures opposing the proposed landfill site in t e
Mount Pleasant area.
2. Lvnee Brandi, 1902 Queensmill Drive, Salem, spok
in support of adequate funding schools, and continued study of
consolidation of services between the schools and the County.
3. Doua Chittum, 3403 Pitzer Road, spoke in opposit on
of the proposed landfill site at Mount Pleasant and expressed
concern with the locations of the proposed circumferential
highways.
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IN RE:
EXECUTIVE SESSION
At 5:15 p.m. Chairman Garrett moved to go into Execut' e
Session pursuant to the Code of Virginia 2.1-344 (a) (2) to
discuss a real estate matter.
IN RE:
ADJOURNMENT
At 5:45 p.m., Chairman Garrett declared the meeting
adjourned.
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