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HomeMy WebLinkAbout11/11/1986 - Regular J 187 __~~'·__"_"~__·~,_____,___>_..___.._<__w.,..·,,._~_,,·_.~__..<.'_."__._._._._ '~_'w··_·_".._.__·~·__,.mu_..,~___...___...__.~~_.__._~·.,_____·o~,_~,,<·_·,__~_.____ Roanoke County Board of Supervisors Roanoke County Administration Cente 3738 Brambleton Avenue, SW Roanoke, Virginia 24015 November 11, 1986 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the first regularly scheduled meeting of the month of November, 1986 IN RE: CALL TO ORDER Chairman Brittle called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Alan H. Brittle; Vice-Chairman Bo Johnson; Supervisors Lee Garrett, Harry C. Nickens, and Steven A. McGraw MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; John M. Chambliss, Assistant County Administrator of Management Services; John R. Hubbard, Assistant County Administrator of Public Facilities; Timothy W. Gubala, Assistant County Administrator of Community Development; Brent Sheffler, Economic Development Specialist; Clifford Craig, Director of Utilities; Tommy Fuqua, Fire and Rescue Chief; Ron Edwards, Fire Captain and Communications Project Coordinator; Beverly T. Waldo, Program Director of Youth Haven II, D. Keith Cook, Director of Human Resources; Kathy Claytor Personnel Analyst; John Peters, Road Coordinator; Linda Lovingood, Interim Public Information Officer; Bobbie L. Hall Deputy Clerk; and Mary H. Allen, County County Administrator's staff IN RE: OPENING CEREMONIES The invocation was given by the Reverend Henry Chestnutt. The Pledge of Allegiance was recited by all present. '1°2 November 11, 1986 I. Ordinance accepting an offer for and authorizing the conveyance of surplus real estate, a well lot on View Avenue. Mr. Mahoney reported that he has received an offer on this property and reminded the Board that the offer must be held - in confidence until the second reading. Supervisor Johnson moved to approve the first reading of the ordinance. The motion was seconded by Supervisor Garrett and carried by a unanimous roll call vote. 2. Ordinance authorizing the acquisition of 110 acres of real estate from the Young Men's Christian Association. Mr. Mahoney reported that this property includes recreational camp facilities which could be utilized for recreational activities near the Spring Hollow Reservoir site. He also noted that if the agreement to purchase this property is approved, the YMCA must secure judicial approval to sell the property and this process could take several months. Supervisor McGraw moved to approve the first reading of this ordinance. The motion was seconded by Supervisor Nickens - and carried by a unanimous roll call vote. IN RE: SECOND READING OF ORDINANCES PURSUANT TO ROANOKE COUNTY CHARTER, SECTION 18.4 The Deputy Clerk read the following second readings into the record. I. Ordinance amending Article II, Taxes on Tangible Personal Property of Chapter 21, TAXATION of the Roanoke County Code to provide for the proration of personal property tax, and amending Article II, County Vehicle License of Chapter l2, Motor ... Vehicles and Traffic to conform same to the proration requirements. Mr. Mahoney reported that this is the second reading of this ordinance and that in order to explain the process better, November 11, 1986 .l:l~9 3' . -- ..,"-~_.-. - ---._. ...--., ....._... ._....,,__.<~ ,_.-, " ....... __.... ',_'_' ...~U·_.'_·___._..__._. Mr. Chambliss would be presenting handouts explaining the proration process. Mr. Compton and Mr. Anderson were also present to answer any questions the Board might have. Both responded that they supported the proration of personal property taxes. Supervisor Nickens moved to approve the prepared ordinance. The motion was seconded by Supervisor Brittle. ORDINANCE 11-11-86-228 AMENDING ARTICLE II, TAXES ON TANGIBLE PERSONAL PROPERTY OF CHAPTER 21, TAXATION OF THE ROANOKE COUNTY CODE TO PROVIDE FOR THE PRORATION OF PERSONAL PROPERTY TAX, AND AMENDING ARTICLE II, COUNTY VEHICLE LICENSE OF CHAPTER 12, MOTOR VEHICLES AND TRAFFIC TO CONFORM SAME TO THE PRORATION REQUIREMENTS BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Article II. Taxes on Tangible Personal Pro- perty of Chapter 21. Taxation be amended to read and provide as follows: ARTICLE II. TAXES ON TANGIBLE PERSONAL PROPERTY Sec. 2l-16. Returns. (a) Returns for tangible personal property, (except tanqible personal property on motor vehicles, trailers and boats tangible personal property employed in a trade or business and machinery and tools taxes shall be filed with the commissioner 0 the revenue on or before February I of the year for which the ta is to be assessed. Any person who shall fail to file such a return on or before February I of the year for which the tax is to be assessed shall, in addition to the tax to be paid, be asse - sed a penalty of ten (10) percent of the tax due or ten dollars ($10.00), whichever is greater; provided, however, that the pen- alty shall in no case exceed the amount of tax assessable. (b) Returns of tangible personal property on motor vehicles, trailers and boats with a situs within the county on January 1 shall be filed with the commissioner of the revenue on ,. '1 f) 4 November 11, 1986 or before February I, returns of tangible personal property on motor vehicles, trailers and boats which acquires a situs within the county or which has its title transferred after January 1 shall be filed within thirty (30) days of the date on which situs - is acquired or title transferred, of the year for which the tax is to be assessed. Any person who shall fail to file such return on or before the date due of the year for which the tax is to be assessed shall, in addition to the tax to be paid, be assessed a penalty of ten (IO) percent of the tax due or ten dollars ($10.00), whichever is greater; provided, however, that the pen- alty shall in no case exceed the amount of the tax assessable. Sec. 21-17. When due and payable. (a) County taxes on tangible personal property (except tangible personal property on motor vehicles, trailers and boa ts ) tangible personal property employed in a trade or business and machinery and tools for each year shall be due from and after January 1 and payable on before 31 during the year for -" or May which the same are assessed. (b) There shall be a personal property tax a t a rate established each year by the board of supervisors on motor vehicles, trailers and boats (hereafter referred to in this section as "taxable property" ) which have a situs within the county on January 1 of each year and which acquire a situs within the county on or after January 2 of each year. When taxable property acquires a situs within the county on or after January 2, the personal property tax for that year shall be assessed to the owner prorated on a monthly basis for the portion of the tax year during which the taxable property has situs within the county. When taxable property with a situs in the county is .- transferred to a new owner within the county, the personal property tax shall be assessed to the new owner prorated on a monthly basis for the portion on the tax year during which the new owner owns the taxable property. For purposes of proration, November 11, 1986 . ,. 1 9 5 ~,_¥..".__..._.___.__'___"__"__ ."_'_~___'~_ .".__A_____"",~."..._______' _._._^---~.-..--.,...._-,..~...~- - ~._._-~. -- .- "---,~'-'- .-..--. ..._--~ a period of more than one-half of a month shall be counted as a full month and a period of less than one-half of a month shall not be counted. For ur oses of roration, the first throu h th fifteenth will be considered as the first half of the month, and the sixteenth to the end of the month will be considered the second half of the month. (c) When any taxable property loses its situs within the county after the tax day or after the day on which it ac- quires a situs or its title is transferred to a new owner, the tax a er shall from that time be relieved from ersonal tax and receive a credit toward taxabl property newly transferred to the taxpayer, or a credit against personal property taxes outstanding against the taxpayer, or a refund of personal property tax already paid on a monthly pro- lication to the commissioner of the revenue provided that application is made within three years from the last da of the tax ear durin which the taxable lost situs or had its title transferred. The commissioner of the rev - nue shall make a reasonable effort to ascertain and notify any tax a er entitled to a rorated refund of ersonal taxe ursuant to this subsection. Relief from the assessment of situs shall be based assessed ersonal tax based u on loss of situs or ac uisition another 'urisdiction and such tax on the assessed paid. (d) When any person, after January I or situs date, ac uires a motor vehicle or trailer with a count situs, the tax shall be assessed on such taxable for the ortion of tax ear durin which the new owner owns the taxable it has a situs in the county. The tax shall be due and owing within thirt (30) da s after resentation or mailin of the bil from the treasurer, or May 31 of the tax year, whichever shall occur later. '·196 November II, 1986 (e) An exemption from this tax and any interest or penalties arising therefrom shall be granted for any tax share or portion thereof during which the property was legally assessed by another jurisdiction and that such tax on the assessed property was paid. Sec. 21-18. Penalty and interest on delinquencies. (a) Any person who shall fail to pay any tangible per- sonal property tax when the same is due shall be assessed and shall pay, along with such tax, a penalty of ten (10) percent of the amount of such unpaid tax or ten dollars ($IO.OO), whichever is greater; provided, however, that the penalty shall in no case exceed the amount of tax due. (b) In the event any tax on tangible personal property is not paid on or before the date the same is due, interest at the rate of ten (10) percent per annum, commencing on July I 2E- the first day of the month after the due date, whichever is later, of the year for which such tax was assessed, shall be assessed and collected on the principal of and penalties on such tax; provided, however that, for the second and subsequent years of delinquency, such interest shall be at the rate established pursuant to section 662l of the U.S. Internal Revenue Code of 1954, as amended. - - * * * * 2. That Article II. County Vehicle Licenses of Chapter 12. Motor Vehicles and Traffic be amended to read and provide as follows: ARTICLE II. COUNTY VEHICLE LICENSES Sec. 12-26. Required; exceptions. (a) Every motor vehicle, trailer and semitrailer nor- mally garaged, stored, or parked or acquiring a situs within the county and capable of being operated on the streets, highways, roads, or other traveled ways in the county shall be licensed in accord with the provisions of this article and it shall be unlaw- -- November 11, 1986 J 1,9:7 --_..._-~_.~----",~. ,....---,~_.._-------- --,. .._."...~. -"."._~._._~.._'_. -,.~--- ---- -., .-. - ful for any person to drive or operate any such vehicle on the streets, highways, roads or other traveled ways in the county, unless such vehicle is so licensed for the current year. (b) This section shall not apply to motor vehicles, trailers or semitrailers owned by the commonwealth, by any polit - cal subdivision of the commonwealth or by the United States gov- ernment, or to vehicles used exclusively for agricultural or hor ticultural purposes or vehicles held for sale by any manufacture or dealer. (c) This section shall not apply to vehicles of owner resident in any incorporated town in the county, which town imposes a license fee or tax on such vehicle. Nothing in this section shall be construed to require a license for any vehicle exempt from same under any provision of the laws of the Common- wealth. * * * * Sec. 12-34. Display of decal generally. (a) A license decal issued under this article shall b attached to and displayed on the windshield of the vehicle for which issued in such manner as to be clearly visible. (b) It shall be unlawful for any person to operate a motor vehicle, trailer, or semitrailer required to be licensed under this article on any street, highway, road, or other travel ed way in the county, unless a current license decal is displaye thereon as required by this section. The fact that the current license tax has been paid on such vehicle shall not bar prosecu- tion for a violation of this section. A violation of this sec- tion shall be unished b a fine of not exceedin dollars ($20.00). * * * * Sec. 12-37. Transfer of decal to another vehicle. In the event any person desires to transfer any licens decal issued under the provisions of this article to another veh' "198 November II, 1986 cle, such person shall make application for such transfer to the county treasurer, who shall transfer such decal, upon the payment of a fee of one dollar ($1.00) or the prorated fee based upon weight for trucks or trailers. Such transfer may occur only upon - evidence of payment of all outstanding personal property taxes which have been properly assessed or are assessable against the applicant by the county. * * * * 3. The effective date of this ordinance shall be January 1, 1987. On motion of Supervisor Nickens, seconded by Supervisor Brittle and upon the following recorded vote: AYES: Supervisors Garrett, Johnson, Nickens, McGraw, and Brittle NAYS: None 2. Ordinance accepting the conveyance of 0.19 acre of real estate from Roanoke City. Mr. Mahoney reported that this is the second reading of - this ordinance and that the property in question is being donated as a part of the Hollins Community Development Project. Supervisor Johnson moved to approve the prepared ordinance. The motion was seconded by Supervisor Garrett. ORDINANCE 11-11-86-229 ACCEPTING THE CONVEYANCE OF 0.19 ACRE OF REAL ESTATE FROM ROANOKE CITY BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: I. That pursuant to the provisions of S18.04 of the charter of Roanoke County, a first reading on the disposition of the hereinafter described real estate was held on October 28, 1986. A second reading on this matter was held on November II, - 1986. This real estate is located between State Routes 1905 and 1890. 2. That the conveyance of approximately 0.19 acre of real estate from Roanoke City to Roanoke County was accomplished November 11, 1986 , 1',>9' 9 -----,-,-,-,~,._~-,..._- ..".,_.._-----~-,-- ~,- "---~... by Ordinance #28383 adopted by the City Council of the City of Roanoke on October 13, 1986. This donation of real estate is fo county community improvement purposes, namely for the location 0 a new road between State Routes 1905 and 1890 in the Hollins Community Development Project area. 3. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanok County as are necessary to accomplish the conveyance of this property, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Johnson, seconded by Supervisor Garrett and upon the following recorded vote: AYES: Supervisors Garrett, Johnson, Nickens, McGraw, and Brittl NAYS: None IN RE: REQUEST FOR WORK SESSIONS I. Reauest for work session on the Capital Improvemen Program - Mr. Hodge requested that this work session be schedule for November 25, 1986, at 4:00 p.m. The Board concurred with Mr Hodge's request. IN RE: APPOINTMENTS Supervisor Nickens nominated Ms. Rebecca Hoback to the Court Service Unit Advisory Council/Youth and Family Services Advisory Board. Supervisor McGraw nominated Ms. Emily Reaser to the Court Service Unit Advisory Council/Youth and Family Service Advisory Board. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS t 20,,0 November II, 1986 Supervisor McGraw - Supervisor McGraw reported on the positions VACo has taken regarding certain issues. Supervisor Nickens - Supervisor Nickens reported to the Board that he has received correspondence from Sheriff Foster concerning the hazardous traffic situation on Route 220 from the Roanoke City limits to the Roanoke County line. Supervisor Nickens requested that the Board adopt a resolution to send to the Virginia Department of Highways and Transportation, in which that department is requested to study the traffic situation on that stretch of highway and make suggestions on what steps could be taken to eliminate the hazardous conditions. Supervisor Nickens suggested that the speed limit along that part of Route 220 be reduced to 45 miles per hour. John Peters, Road Coordinator, reported to the Board that this matter is scheduled to be discussed at the Allocation Hearing of the Highway Department on Thursday. Chairman Brittle directed the County Administrator to write a letter expressing the Board's concern of the traffic situation on this portion of Route 220. Supervisor Johnson - Supervisor Johnson reported that a meeting will be held on Wednesday evening to discuss the airport allocation formula and requested the Board's concurrence in working with Roanoke City on this matter. Chairman Brittle expressed the Board's concurrence to Mr. Johnson. Supervisor Garrett - Supervisor Garrett requested an update on the Cresthill Drive situation. Mr. Peters reported that a drainage study has been requested for this area and that it should be completed during this fiscal year. Mr. Garrett also reported that he felt that businesses were not aware of the requirements that must be met to enable the County to enforce handicapped parking laws. Mr. Hodge responded that he felt the best way to proceed in advising the November II, 1986 . 201 ---,_.__._-~- ,>-----,_..__.._-...__._-~_._-<_._--<._._-~-~~_._~--- ._...~..,.._.,___~_u_~·~.,____."~_"__,,_~_,~ public of this matter is to publish the information in the next issue of Roanoke County Today. Supervisor Brittle - Supervisor Brittle directed Mr. Hubbard to work with the Highway Department in scheduling repair work. He reported that he has received complaints that the Highway Department is performing repair work and then paving the road. After the road is paved by the Highway Department, the County comes to the same location to perform work and tears up the pavement and then paves it again. Supervisor Brittle also expressed the Board's appreciation to Ms. Linda Lovingood for her work as Acting Publi Information Officer. IN RE: PRESENTATION OF AWARDS FROM THE CLEAN VALLEY COUNCIL Chairman Brittle presented the Clean Valley Award of Excellence to the employees of the Refuse Department and congratulated them on their hard work during the flood and their work in keeping the County clean. IN RE: CONSENT AGENDA Supervisor Johnson moved to approve the Consent Agenda The motion was seconded by Supervisor Brittle. RESOLUTION 11-11-86-230 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain section of the agenda of the Board of Supervisors for August 26, 1986, designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as t ·'20? November II, 1986 each item separately set forth in said section designated Items 1 through 3, inclusive, as follows: I. Request from C & P Telephone Company to use a Roanoke County well lot. 2. Acceptance of water and sewer lines in Cave Spring Village Townhomes. 3. Acknowledgement from the Department of Highways & Transportation of the relocation of sections of State Route 115. 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 JOhnson, seconded by Supervisor Brittle and upon the following recorded vote: AYES: Supervisor Garrett, Johnson, Nickens, McGraw, and Brittle NAYS: None IN RE: REPORTS Supervisor Nickens inquired if the monthly project status report format could be changed to indicate items that have not been completed by the deadline. Chairman Brittle also requested that the format be changed to provide for easier reading. He directed that Ms. Allen chair a committee of himself and the County Administrator to change the format. IN RE: WORK SESSIONS 1. Economic Development Strategy - Mr. Brent Sheffler of the Department of Development was present to answer any questions the Board might have. Chairman Brittle directed that a joint meeting with the Planning Commission, the School Board and the Board of Supervisors be established to review the Economic Development Strategy. November II, 1986 I- 2 0 3 --.-. ~.... .~...._._-_.__. --- --.- -~-_._---~_._----.- IN RE: EXECUTIVE SESSION Supervisor Brittle moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 (a) (1) (2) and (6). The motion was seconded by Supervisor Johnson and carried by a unanimous voice vote. IN RE: OPEN SESSION Supervisor Brittle moved to return to Open Session. The motion was seconded by Supervisor Garrett and carried by a unanimous voice vote. IN RE: ADJOURNMENT Chairman Brittle adjourned the meeting at 5:30 p.m. Ålh.- \.1. ~;.\-\ '- Chairman ~ "~ "" "'- ~ ~ "" " "- , .~ '"''''''