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Home My WebLink About1/3/1995 - Special January 3, 1995 1 =1 - Roanoke County Board of supervisors Roanoke County Administration Center 5204 Bernard Drive s. w. Roanoke, Virginia 24018 January 3, 1995 The Roanoke County Board of supervisors of Roanoke County, virginia, met this day at the Roanoke County Administration Center, this being the organizational meeting and the 3rd day of January, 1995. IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 9:03 a.m. The roll call was taken. MEMÐERS PRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. Kohinke, Supervisors Bob L. Johnson, H. Odell Minnix, Harry C. Nickens MEMÐERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, county Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; John M. Chambliss, Assistant County Administrator, Don C. Myers, Assistant County Administrator IN RE: OPENING CEREMONIES The invocation was given by supervisor Harry C. Nickens. The 2 January 3, 1995 .t"'le,agê 01 Al.l.cy';'au\..Oé wa::. Lc\..O.i.L~d Ly (111 pLe~ent. ~ IN RE: SPECIAL RECOGNITION ~ Proclamation Declarina Thomas E. (Gene) Waaner as a Life Chief for the Mount Pleasant Volunteer Fire DeDartment. Chief Wagner was not present and the proclamation was accepted by Supervisor Nickens to be presented at an event planned by the Mount Pleasant Fire Department. Supervisor Nickens moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy None IN RE: ORGANIZATION OF COUNTY BOARD ~ Election of Officers ~ Chairman and Vice chairman Supervisor KOhinke moved to elect Supervisor Minnix to serve as Chairman. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy. NAYS: None Supervisor Eddy moved to elect Supervisor Kohinke to serve as Vice Chairman. The motion was carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy. NAYS: None January 3, 1995 3 ::::j h Lenath of Term for Chairman and Vice Chairman Supervisor Kohinke moved that terms shall run from January 3, 1995 to January 2, 1996. The motion carried by the following recorded vote: AYES: supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Resolution establishina Bvlaws. Rules of Order and Schedule for Board Meetinas in 1995. R-1395-1 Supervisor Johnson moved to adopt the prepared resolution. The motion carried by the following recorded vote: AYES: supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 1395-1 ESTABLISHING A MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 1995 AND ADOPTING RULES OF PROCEDURE FOR SUCH MEETING BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That for calendar year 1995, the regular meetings of the Board of Supervisors of Roanoke County, Virginia, are set forth below with public hearings scheduled for 7:00 o'clock p.m. unless otherwise advertised. Regular meetings will be held at the Roanoke County Administration Center, 5204 Bernard Drive. Monday, January 9, 1995 at 12:30 Noon Joint Meeting with Roanoke City Council at Highland Park School Tuesday, January 10, 1995, at 3:00 p.m. Friday, Saturday, January 20, 21, 1995, at 8:30 a.m. 4 January 3, 1995 Jh,,;,u\l Rulceat at the R~aH6)[c C6tlnt.y Aaminist:1:at:ioh CeULCL i-- s= Tuesday, January 24, 1995, at 3:00 p.m. and 7:00 p.m. Tuesday, February 14, 1995, at 3:00 p.m. Tuesday, February 28, 1995, at 3:00 p.m. and 7:00 p.m. Tuesday, March 14, 1995, at 3:00 p.m. Tuesday, March 28, 1995, at 3:00 p.m. and 7:00 p.m. Tuesday, April 4, 1995 at 3:00 p.m. Tuesday, April 11, 1995, at 3:00 p.m. Tuesday, April 25, 1995, at 3:00 p.m. and 7:00 p.m. Tuesday, May 9, 1995, at 3:00 p.m. Tuesday, May 23, 1995, at 3:00 p.m. and 7:00 p.m. Tuesday, June 13, 1995, at 3:00 p.m. Tuesday, June 27, 1995, at 3:00 p.m. and 7:00 p.m. Tuesday, July 11, 1995, at 3:00 p.m. Tuesday, July 25, 1995, at 3:00 p.m. and 7:00 p.m. Tuesday, August 22, 1995, at 3:00 p.m. and 7:00 p.m. Tuesday, September 12, 1995, at 3:00 p.m. Tuesday, September 26, 1995, at 3:00 p.m. and 7:00 p.m. Tuesday, October 10, 1995, at 3:00 p.m. Tuesday, October 24, 1995, at 3:00 p.m. and 7:00 p.m. Tuesday, November 21, 1995, at 3:00 p.m. and 7:00 p.m. Tuesday, December 12, 1995, at 3:00 p.m. and 7:00 p.m. 2. That the organizational meeting for 1996 shall be held on Tuesday, January 2, 1996. 3. That the rules of parliamentary procedure for the conduct of all Board meetings shall be Robert's Rules of Order; provided, however, these rules are amended as follows: January 3, 1995 5 a. that no second to motions shall be required in order to consider that motion; and b. that the chairman may make motions, participate in debate and vote on all matters considered by the Board. c. that no amendment or addition to the printed agenda be permitted unless approved by unanimous vote of all Board members present, unless requested by the County Administrator or the County Attorney as a matter requiring immediate attention. This provision applies to Main Motions and shall not apply to Privileged Motions, Subsidiary Motions, Incidental Motions, or Motions That Bring a Question Again Before the Board. On motion of supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: OLD BUSINESS ~ Request for Aooroval of Binao permit for Calendar Year 1995 from the Roanoke Moose Lodae #284 (CONTINUED FROM DECEMBER 13. 1994) A-1395-2 Supervisor Minnix explained that he requested that this item be added so that the Moose Lodge could continue their Bingo games if the Board approves the permit. County Attorney Paul Mahoney advised that the Lodge's audit had been provided with the Board Report. Jennings Byrd, Attorney for the Moose Lodge, was 6 January 3, 1995 r1"'·~·"''' 11111'Iti l1li1"1,; ·.ad that the Jl..gal1iz.t...r..ru .....~ ¿u \ooõwlKlI1¿Aßwe ..ilk i-- = the state Code by providing 12 1/2% of the Bingo proceeds for charitable uses. In response to a question from Supervisor Nickens as to whether $39,000 in roof repairs to the Moose Lodge could be considered charitable contributions, Mr. Mahoney advised that state law permits expenses for maintenance and repairs to facilities to be deducted from Bingo profits. Mr. Byrd also advised that the Moose Lodge is no longer charging rent for their own building based on a ruling by the County Attorney. Supervisor Eddy advised he could not support approval unless the permit was a temporary 90 day permit and recommended that the local ordinance be amended. Following discussion, Supervisor Kohinke moved to approve the Bingo Permit. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Nickens, Minnix NAYS: Supervisor Eddy IN RE: RECESS Chairman Minnix called a ten-minute recess at 9:37 a.m. IN RE: RECONVENEMENT Chairman Minnix reconvened the meeting at 9:50 a.m. IN RE: MEETING WITH ROANOKE VALLEY LEGISLATORS January 3, 1995 7 ::::; Legislators who were present for this meeting were Delegates A. Victor Thomas, H. Morgan Griffith, and Clifton A. Woodrum, and state Senators Malfourd W. "Bo" Trumbo, and J. Brandon Bell. Constitutional Officers attending were Sheriff Gerald Holt, Clerk of Circuit Court Steven McGraw, Treasurer Alfred Anderson, Commissioner of the Revenue Wayne compton and Commonwealth's Attorney Skip Burkart. Mr. Mahoney presented the County's legislative program as follows: ROANOKE COUNTY LEGISLATIVE PROGRAM FOR 1995 SESSION OF THE VIRGINIA GENERAL ASSEMÐLY LAW ENFORCEMENT Restore funding for HB 599 Program (State aid to localities with police departments) - Fiscal Impact to Roanoke county - $57,550 FRINGE BENEFITS FOR CONSTITUTIONAL OFFICERS Restore funding for constitutional officers' salary fringe benefits for Fiscal Year 1996 - Fiscal Impact to Roanoke county - $371,241 EDUCATION Enhance funding for public education; authorize local school divisions to establish opening dates for school; base disparity funding on composite index and locality's local tax effort in support of education TRANSPORTATION MUSEUM Support continued funding of Transportation Museum in Roanoke City VIRGINIA RECREATIONAL FACILITIES AUTHORITY support continued funding of Explore Park VIRGINIA COOPERATIVE EXTENSION Restoration of $2,898,000 to 1995-96 budget for virginia Cooperative Extension and Virginia Agricultural Experiment station 8 January 3, 1995 BQUAL 'I'AX~'fIO. AIa:I JlOUOWI." POWERS ~ Adoption of legislation equalizing taxation and borrowing powers of counties to those granted to municipalities UNFUNDED MANDATES Reduction of unfunded regulatory and statutory mandates -Opposition to state mandates on local government without sufficient funding to cover the costs of those mandates PROPERTY RIGHTS Oppose legislation that would make environmental protection and reasonable zoning actions by local governments more difficult than current law allows LOCAL BUSINESS LICENSE TAX Oppose elimination of this local option tax - Fiscal Impact to Roanoke County - $3 million ROANOKE REGIONAL HOMEBUILDERS Support a relaxation of state law and State regulation permitting stump dumps and debris landfills, and State funding incentives to encourage and promote regionalization activities of local governments Mr. Mahoney also advised that the Board adopted a resolution opposing the elimination of the Business and Professional License tax (BPOL) at their December 13, 1994 meeting. The Board's primary concerns are the loss of fringe benefits for Constitutional Officers, decreased 599 funds for Police Departments and the elimination of the BPOL tax. The delegates advised that they might consider support for another local source of revenue to replace BPOL. Supervisor Eddy suggested a local income tax be allowed by the state to reduce other taxes. Supervisor Johnson expressed concern about the Charter School concept. Supervisor Nickens advised that he felt January 3, 1995 9 the three percent retirement increase for current and future retirees was essentially an unfunded mandate. Sheriff Gerald Holt spoke in support of continued funding of fringe benefits for Constitutional Officers. Commissioner of the Revenue Wayne compton informed the legislators that 75% of the BPOL tax comes from out of the state from such companies as Kroger, Sears and J. C. Penney's. IN RE: EXECUTIVE SESSION At 10 : 50 a . m., Superv isor Johnson moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 (A) (7) for consultation with legal counsel and briefings by staff pertaining to actual or probably litigation: City of Roanoke Water Claim. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: CERTIFICATION RESOLUTION R-1395-3 At 11:10 a.m., Supervisor Eddy moved to return to Open Session and adopt the certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 1395-3 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 10 January 3, 1995 ~1'1 affirma.tiuQ 1:QG "1:01.01 __lQ &u\l ¿u 4",,~ucdaflue with the pro"r.tisiens ¡::=:: of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Eddy to adopt the Certification Resolution, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix None IN RE: ADJOURNMENT At 11:11 a.m., Supervisor Johnson moved to adjourn. The motion carried by a unanimous voice vote. January 3, 1995 11 Submitted by: "hJ~.-N. ~ Mary H. Allen Clerk to the Board 12 January 3, 1995 I I THIS PAGE LEFT INTENTIONALLY BLANK