Loading...
HomeMy WebLinkAbout2/18/1987 - Special February 18, 1987 , 825 ~...._--"_._..._-~-~-,-~--- ,._.,~ ""- -- . --..- ,-.- - Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 February 18, 1987 The Roanoke County Board of Supervisors of Roanok County, Virginia, met this day at the Roanoke Count Administration Center, this being the 18th day of February, 198 and a special meeting adjourned from the regular meeting 0 February 10, 1987. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 9:0 a.m. and announced this was an adjourned meeting from Februar "- 10, 1987. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Le Garrett, Supervisors Alan H. Brittle Steven A. McGraw, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Joh M. Chambliss, Assistant Count Administrator for Management Services Paul M. Mahoney, County Attorney, Jane Holt-Johnstone, Public Information Officer Mary H. Allen, Deputy Clerk; Jim Lehe Planner, John Peters, Coordinator 0 Transportation; Rob Stalzer, Director 0 Planning, Timothy Gubala, Assistant Count Administrator for Economic Development IN RE: PUBLIC HEARINGS: .-- 287-1 Petition of Richfield Retirement Community and Richfield Nursinq Center for adoption of a resolution requestinq the General Assembly of Virqinia to classify and desiqnate as exemDt from taxation. ---------~- ----~---- -- \'à'2.Ô February 18, 1987 pursuant to Article X, Section 6 (a) (6) of the Constitution property owned bY Richfield Retirement Community and Richfield Nursinq Center. County Administrator Elmer Hodge reported that in December of 1986, Richfield filed suit against Roanoke County protesting the taxation of that entity. The County has been meeting with representatives from Richfield Retirement Community and Richfield Nursing Center to negotiate a settlement to the litigation, and an agreement has been reached. Highlights of the settlement are that the County will tax operations of Richfield which are business entities, and Richfield will pay a negotiated sum in lieu of taxes for the remaining property, representing 20 percent of the amount of real property taxes based on the assessed real estate value. Roanoke County will also agree to support Richfield's application for tax exempt status with the General Assembly. Frank W. Rogers, Jr. represented Richfield Retirement Community and Nursing Home, and presented to the Board a history of Richfield from 1944 to the present. County Attorney Paul Mahoney stated that the staff had studied various alternatives to solving the problem including the service charge ordinance. Another approach is to negotiate a unique agreement with each entity seeking tax exempt status. It has been decided to negotiate an agreement with Richfield which includes sums in lieu of taxation. The Board must approve two separate resolutions of support for tax exempt status, one for Richfield Retirement Community and one for Richfield Retirement Home. Supervisor Nickens moved that the prepared resolution of support for tax exempt status for Richfield Nursing Center be approved, and that the County Administrator and County Attorney be authorized to execute the necessary documents. The motion was seconded by Supervisor McGraw. February 18, 1987 S27 ~-~--"'.",_._--_..".- _.__.._-----_.,'_.._----~-~----- RESOLUTION 21887-1 TO THE GENERAL ASSEMBLY SUPPORTING TAX EXEMPTION OF PROPERTY OWNED BY RICHFIELD NURSING CENTER AND USED FOR CHARITABLE AND BENEVOLENT PURPOSES ON A NON PROFIT BASIS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, Richfield Nursing Center has requested this Board, pursuant to Section 30-19.04 of the Code of Virginia, as amended to adopt a resolution addressed to the General Assembly to classify and designate as exempt from taxation pursuant to Section 6 (a) (6) of Article X of the Constitution of Virginia, property located in the County of Roanoke, owned by it and used for charitable and benevolent purposes; and WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the request of Richfield Nursing Center was held by the Board of February 18, 1987; WHEREAS, the Board has examined and considered the provisions of subsection B of Section 30-19.04 of the Code of Virginia; BE IT RESOLVED that the Board of Supervisors of the County of Roanoke supports the classification and designation of Richfield Nursing Center as a charitable and benevolent organization; and BE IT FURTHER RESOLVED that the Board supports the exemption from taxation of property located in the County of Roanoke, owned by Richfield Nursing Center, and used exclusively by it for charitable and benevolent purposes on a nonprofit basis. On motion of Supervisor Nickens, seconded by Supervisor McGraw, and upon the following recorded vote: AYES: Supervisors Brittle, Garrett~ McGraw, Nickens, Johnson NAYS: None Supervisor Nickens moved that the prepared resolution for tax exempt status for Richfield Retirement Community be approved, and that the County Administrator and County Attorney be \ -$ 2 CO February 18, 1987 authorized to execute the necessary documents. The motion was seconded by Supervisor McGraw. RESOLUTION 21887-2 TO THE GENERAL ASSEMBLY SUPPORTING TAX EXEMPTION OF PROPERTY OWNED BY RICHFIELD RETIREMENT COMMUNITY AND USED FOR CHARITABLE AND BENEVOLENT PURPOSES ON A NONPROFIT BASIS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, Richfield Retirement Community has requested this Board, pursuant to Section 30-19.04 of the Code of Virginia, as amended to adopt a resolution addressed to the General Assembly to classify and designate as exempt from taxation pursuant to Section 6 (a) ( 6 ) of Article X of the Constitution of Virginia, property located in the County of Roanoke, owned by it and used for charitable and benevolent purposes; and WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the request of Richfield Retirement Community was held by the Board of February 18, 1987; WHEREAS, the Board has examined and considered the provisions of subsection B of Section 30-19.04 of the Code of virginia; BE IT RESOLVED that the Board of Supervisors of the County of Roanoke supports the classification and designation of Richfield Retirement Community as a charitable and benevolent organization; and BE IT FURTHER RESOLVED that the Board supports the exemption from taxation of property located in the County of Roanoke, owned by Richfield Retirement Community, and used exclusively by it for charitable and benevolent purposes on a nonprofit basis. On motion of Supervisor Nickens, seconded by Supervisor McGraw, and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None February 18, 1987 8'j~9 , . - _._-"..",~-,~ 287-2 Petition of EDINBURGH SQUARE FOUNDATION adoption of a resolution requestinq the General Assembly of Vir inia to classif and desi nate the of Edinbur h S uare as tax exem t ursuant to the rovision of Article X Section 6 (a) (6) of the Constitution of Virqinia Mr. Hodge stated that Edinburgh Square had previously requested tax exempt status on September 23, 1986 and was denied because of pending litigation with two similar entities. These suits have now been settled and it is possible to grant Edinburgh Square their request. Like the Richfield agencies, Edinburgh Square has agreed to pay sums in lieu of taxes of 20% of assessed value. Ed Natt, Attorney for the petitioners, asked for the Board's adoption of a resolution to the General Assembly requesting tax exempt status for Edinburgh Square. Persons speaking in support of the petition were Robert McNichols, Management Agent for Edinburgh Square, 5015 Williamson Road, Roanoke; Bruce Bloodworth, President of the League of Older Americans, 120 Trinkle Avenue, Roanoke; and Ruth Donaldson, 129 Hershburger Road, a resident of Edinburgh Square. Supervisor Brittle moved that the prepared resolution in support of tax exempt status for Edinburgh Square Foundation be approved. The motion was seconded by Supervisor Nickens. RESOLUTION 21887-3 TO THE GENERAL ASSEMBLY SUPPORTING TAX EXEMPTION OF PROPERTY OWNED BY EDINBURGH SQUARE FOUNDATION, INC. AND USED FOR CHARITABLE AND BENEVOLENT PURPOSES ON A NON-PROFIT BASIS, AND MEMORIALIZING A CERTAIN AGREEMENT BETWEEN EDINBURGH SQUARE FOUNDATION, INC. AND THE COUNTY WHEREAS, Edinburgh Square Foundation, Inc. (hereinafter the "Petitioner"), has petitioned this Board for support for a bill to be introduced at the 1987 Session of the General Assembly to exempt certain property of the Petitioner from taxation , s SO February 18, 1987 pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; and WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Petitioner's request was held by the Board on February 18, 1987; and WHEREAS, the provisions of subsection B of Section 30-19.04, Code of Virginia (1950), as amended, have been examined and considered by the Board; and WHEREAS, the Petitioner agrees that the property to be exempt from taxation is the personal property of the Petitioner and its buildings and as much land as is reasonably necessary to the use of its buildings, provided such personal and real property shall be used by the Petitioner exclusively for charitable and benevolent purposes on non-profit basis; and WHEREAS, in consideration of the Board's adoption of this Resolution and the Board's support of a bill hereinafter described in Paragraph 1 to be introduced on behalf of the Petitioner at the 1987 Session of the General Assembly, the Petitioner has voluntarily agreed to pay each year a service fee in an amount equal to twenty percent (20%) of the County of Roanoke real property tax levies, which would be applicable to the property of the Petitioner were the Petitioner not exempt from such taxation, for so long as the Petitioner's property is exempted from State and local taxation. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The County supports a bill to be introduced at the 1987 Session of the General Assembly whereby Edinburgh Square Foundation, Inc., a non-profit organization, seeks to be classified and designated a charitable and benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and whereby property owned by the Petitioner, which is used by it exclusively for charitable February 18, 1987 ~ ~31 . . ___._o____·"_________·,_·~_·,··"·_,_____···__···_·-··,.__~._____ ._--~~_..__..~.~---- and benevolent purposes on a non-profit basis, shall be exemp 3. The Deputy Clerk is directed to forward an atteste from state and local taxation. 2. In consideration of the Board's adoption of thi Resolution and the Board's support of the bill described i Paragraph 1 of this Resolution to be introduced at the 198 Session of the General Assembly, the Petitioner agrees to pay t the County of Roanoke an annual service fee in an amount equal t twenty percent (20%) of the County of Roanoke real property ta levies, which would be applicable to property of the Petitione in the County of Roanoke, were the Petitioner not exempt fro State and local taxation, for so long as the Petitioner i exempted from State and local taxation. copy of this Resolution to the Commissioner of the Revenue an the Treasurer for purposes of assessment and collection, respectively, of the service fee established by this Resolution, and to the Petitioner. On motion of Supervisor Brittle, seconded by Supervisor Nickens, and upon the following recorded vote: AYES: Supervisors Brittle, Garrett, McGraw, Nickens, Johnson NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Ordinance amendin "Taxation" of the Roanoke Count rovidin in lieu of real taxation a service char e on certain real valuation calculations of service therefrom appeals: Supervisor Johnson declared that sinc there is no motion to remove this ordinance from the table, th ordinance will remain tabled until further notice. IN RE: EXECUTIVE SESSION , S~2 February 18, 1987 At 9:30 a.m. Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 (a) (1) to discuss personnel matters. The motion was seconded by Supervisor Brittle and carried by a unanimous voice vote. IN RE: OPEN SESSION At 9:45 a.m. Supervisor Johnson moved to return to Open Session. The motion was seconded by Supervisor McGraw and carried by a unanimous voice vote. IN RE: WORK SESSIONS 1. 410 Frontage Development Plan: Planner Jim Lehe presented the proposed draft of the development plans for Route 419. He stated that the Planning Commission had reviewed the plan and recommended it, and the the residents in the area had an opportunity to express their concerns. A public hearing on the matter will be heard on February 24, 1987. The Board members requested a brief, more concise report at that time. John Peters, Coordinator of Roads, also participated in the work session. IN RE: ADJOURNMENT Chairman Johnson adjourned the meeting at 11:15 a.m.