HomeMy WebLinkAbout1/2/1996 - Regular4 R AN purr a na.uE rm~
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ROANOKE COUNTY BOARD OF SUPERVISORS
ORGANIZATIONAL MEETING
ACTION AGENDA
JANUARY 2, 1996 - 9:00 A.M.
PLEASE NOTE: FOLLOWING THE ORGANIZATIONAL MEETING, THE
BOARD OF SUPERVISORS WILL MEET WITH THE ROANOKE VALLEY
LEGISLATORS IN THE 4TH FLOOR CONFERENCE ROOM TO DISCUSS
ROANOKE COUNTY'S LEGISLATIVE PROGRAM.
A. OPENING CEREMONIES
1. Roll Call:
ALL PRESENT AT 9:06 A.M.
2. Irnocation: Dr. Harry C. Nickens
Roanoke County Board of Supervisors
3. Pledge of Allegiance to the United States Flag
OLD BUSINESS
1. Approval of Bingo Permit for Moose Lodge #284
A-010296-1
HCN MOTION TO APPROVE BINGO PERMIT UNTIL 7/1/96
URC
MOOSE LODGE STAFF WITH MEET WITH FM AND WAYNE COMP'rON
IN 30 DAYS TO REVIEW COMPLIANCE WITH COUNTY ORDINANCES
® R~yaea P~~
B. ORGANIZATION OF COUNTY BOARD
1. Election of Officers
a. Chairman
HCN NONIINATED BOB .TOHNSON
BL7 ELECTED BY URC
b. Vice Chairman
SH NOMINATED HARRY NICKENS
HCN ELECTED BY URC
2. Length of Term for Chairman and Vice Chairman
LBE MOTION TO SET TERM FROM 1/2/96 TO ORGANIZATIONAL
MEETING ON 1/2/97
URC
3. Resolution Establishing Bylaws, Rules of Order and Schedule for
Board Meetings in 1996.
R-010296-2
BI{T MOTION TO ADOPT RESO AND MEETING SCHEDULE AMENDED
TO INCLUDE TWO MEETINGS IN AUGUST (13, 271 ONE MEETING IN
NOVEMBER (19) AND TWO MEETINGS IN DECEMBER (3, 17~
URC
C. PUBLIC HEARING
1. Public Hearing for citizen comment on a proposed amendment to
the Roanoke County Charter, Section 18.10 concerning annexation:
No part of the territory of the county may be annexed by any city
or town unless the whole county be annexed, and the question of
annexation shall first be submitted to a referendum and approved
by a majority of citizens voting.
VINTON TOWN MANAGER CLAY GOODMAN SPOKE IN OPPOSITION
R-010296-3
LBE MOTION TO ADOPT RESO WITH THE DELETION OF THE WORD
"TOWN' IN CHARTER AMENDMENT
HCN ASKED THAT VINTON TOWN OFFICIALS BE INFORMED WHEN
BOARD CONSIDERS ANYTHING THAT AFFECTS THE TOWN.
BI;TASKED PMM TO PROCEED TO INVESTIGATE THE POSSIBILITY OF
CITY STATUS CONCURRENT WITH SPONSORSHIP FOR CHARTER
CHANGE.
D. OTHER BUSINESS
1. Addition to the Legislative Program for the 1996 Session of
the Virginia General Assembly.
COrITINUED TO 1/9/96
HCN REQUESTED THAT NO OTHER ACTION TAKE PLACE AT FUTURE
ORGANIZATIONAL MEETINGS ACCEPT ORGANIZATIONAL ISSUES.
E. RECESS
Bi;T DECLARED A RECESS AT 9.55 A M
F. MEETING WITH ROANOKE VALLEY LEGISLATORS TO DISCUSS
1996 LEGISLATIVE PROGRAM. (Meeting will be held in the Fourth
Floor Conference Rooml
C RECONVENED AT 10:05 A.M.
PMM PRESENTED LIST OF LEGISLATIVE REQUESTS INCLUDING
EDUCATIONAL FUNDING VDOT FUNDING FOR MAINTENANCE ITEMS
EXPLORE. AND OPPO SITION TO THE URBAN PARTNERSHIP CHANGES
TO LOCAL GOVT STRUCTURE.
GENERAL DISCUSSION ON TRANSPORTATION DISTRICT AND GAS
TAX WITH NO LEGISLATOR AGREEING TO SUPPORT UNTIL THERE
IS AN AGREEMENT WITH ROANOKE CITY.
G. EXECUTIVE SESSION PURSUANT TO THE CODE OF VIRGINIA 2.1-
344 (A)
NO EXECUTIVE SESSION
G. CERTIFICATION RESOLUTION
H. ADJOURNMENT
FM MOTION TO ADTOURN AT 10.40 A M.-UW
.'
V.IIlxYCf1,~ II~ ~.II~IYIII~t.E
ROANOKE COUNTY BOARD OF SUPERVISORS
ORGANIZATION MEETING
AGENDA
JANUARY 2, 1996 - 9:00 A.M.
xr-s wr rr aoQ
PLEASE NOTE: FOLLOWING THE ORGANIZATIONAL MEETING, THE
BOARD OF SUPERVISORS WILL MEET WITH THE ROANOKE VALLEY
LEGISLATORS IN THE 4TH FLOOR CONFERENCE ROOM TO DISCUSS
ROANOKE COUNTY'S LEGISLATIVE PROGRAM.
A. OPENING CEREMONIES
1. Roll Call:
2. Invocation: Dr. Harry C. Nickens
Roanoke County Board of Supervisors
B. ORGANIZATION OF COUNTY BOARD
1. Election of Officers
a. Chairman
b. Vice Chairman
2. Length of Term for Chairman and Vice Chairman
3. Resolution Establishing Bylaws, Rules of Order and Schedule for
Board Meetings in 1996.
A
C. PUBLIC HEARING
1. Public Hearing and resolution requesting the Virginia General
Assembly to amend the Roanoke County Charter, Section 18.10
concerning annexation: No part of the territory of the county may
be annexed by any city or town unless the whole county be
annexed, and the question of annexation shall first be submitted
to a referendum and approved by a majority of citizens voting.
(Paul Mahoney, County Attorney)
D. OLD BUSINESS
1. Addition to Legislative Program for the 1996 Session of the
Virginia General Assembly. (Paul Mahoney, County Attorney)
E. RECESS
F. MEETING WITH ROANOKE VALLEY LEGISLATORS TO DISCUSS
1996 LEGISLATIVE PROGRAM. (Meeting will be held in the Fourth
Floor Conference Room)
G. EXECUTIVE SESSION PURSUANT TO THE CODE OF VIRGINIA 2.1-
344 (A)
H. CERTIFICATION RESOLUTION
I. ADJOURNMENT
ACTION NO. A-010296-1
BOARD MEETING DATE: JANUARY 2, 1996
IN RE: APPROVAL OF BINGO PERMIT FOR ROANOKE MOOSE LODGE #284
Chairman Minnix advised that the request for a bingo permit
for calendar year 1996 from the Roanoke Moose Lodge #284 had been
continued at the December 12, 1995 Board Meeting.
He stated that he and Commissioner of Revenue Wayne Compton
are satisfied with the review of the financial records for the
bingo permit approved for Roanoke Moose Lodge #284 in 1995. They
recommend that the bingo permit be approved for calendar year 1996,
effective until June 30, 1996.
It was agreed that the Roanoke Moose Lodge #284 will meet in
thirty days with Supervisor Minnix and Mr. Compton to review that
they are in compliance with County ordinances.
On motion of Supervisor Nickens to approve the bingo permit
for the Roanoke Moose Lodge #284 until July 1, 1996, and carried by
the following recorded vote:
AYES: Supervisors Johnson, Harrison, Eddy, Nickens, Minnix
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Paul M. Mahoney, County Attorney
R. Wayne Compton, Commissioner of Revenue
Skip Burkart, Commonwealth Attorney
Alfred C. Anderson, Treasurer
Bingo Permit File
ACTION NO.
ITEM NUMBER E-"~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: December 12, 1995
AGENDA ITEM: Recommendation of
Permit from the
Calendar Year 1996
COUNTY ADMINISTRATOR'S COMMENTS:
SUNIIKARY OF INFORMATION:
Denial of request for a Bingo
Roanoke Moose Lodge #284 for
The Roanoke Moose Lodge #284 has requested a permit to hold Bingo
games in Roanoke County for the calendar year 1996 on the dates
listed in the application. This application has been reviewed with
the Commissioner of Revenue and he recommends that it not be
approved. The application is on file in the Clerk's Office.
The organization has paid the $25.00 fee.
STAFF RECOMMENDATION:
The Commissioner of Re'
not be approved, and
Members of the Roanoke
SUBMITTED BYE:
.~'v • ~.~
Mary H. Allen
Clerk to the Board
venue has recommended that the bingo permit
he will be present to answer questions.
Moose Lodge #284 plan to attend.
APPROVED BY:
Elmer C. Hodge
County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved ( ) Motion by: No Yes Abs
Denied ( )
Received ( )
Referred ( )
To ( )
Eddy
Johnson
Kohinke
Minnix
Nickens
BINGO PERMIT APPLICATION ~-6
Application is hereby made for. a bingo game permit. This
application is made subject to all County and State laws, rules,
ordinances, and regulations now in force, or that may be enacted
hereafter and which are hereby agreed to by the undersigned
applicant and officers of the organization and which shall be
deemed a condition under which this permit is issued.
Bingo games are strictly regulated by Title 18.2-340.1 et. sect. of
the criminal statutes of the Virginia Code, and by Section 4-86 et.
sea. of the Roanoke County Code. These laws authorize the County
Board of Supervisors to conduct a reasonable investigation prior to
granting a bingo permit. The Board has sixty days from the filing
of an application to grant or deny the permit. The Board may deny,
suspend, or revoke the permit of any organization found not to be
in strict compliance with county and state law.
Name of Organization Roanoke Moose Lodge
Mailing Address P.O. Box 538
City, State, Zip Code Salem, VA 24153
When was the organization founded? April 1, 1915
Purpose and Type of Organization
Fraternal
Has the organization been in existence in Roanoke County for five
continuous years? YES xx NO
Is the organization non-profit? YES xx NO
Is the organization exempt under 5501(c)(3) of the Internal Revenue
Code? YES xx NO
Attach copy of IRS Tax Exemption Letter. (If applicable)
Does your organization understand that any organization found in
violation of the County Bingo and Raffle Ordinance or Section 18.2-
340.10 et. .ear. oi' t:4c~ Cc+de of Virginia authorizing this permit is
subject to h~virig such permit revoked and any person, shareholder,
agent, member or employee of such organization who violates the
above referenced Codes may be guilty of a felony? ves
Does your organization understand that it must maintain and file
complete records of receipts and disbursements pertaining to Bingo
games and that such records are subject to audit by the
Commissioner of the Revenue? yes
COUNTY OF ROANOKE, VIItGINIA P.O. BOX 20409
CONIlVIISSIONER OF 7'HE REVENUE ROANOKE, VA 24018
1
~~
~'Does~your organization understand that it is a violation of law to
enter into a contrast with any person or firm, association,
organization (other than another qualified organization pursuant to
'S 18.2-340.13 of the Code of Virginia), partnership, or corporation
of-any classification whatsoever, for the purpose of organizinq,~;-
managing, or conducting Bingo Games ? yes
GRO88 RECEIPTS from all sources related to the operation of Bingo
games or Instant Bingo by calendar quarter for prior calendar year
period.
BINGO
1st Quarter ~ ~ Cog ~ .GO
2nd Quarter II~d~YI%.UO
3rd Quarter /p j 5[5.00
4th Quarter 7y, X133. UG
INSTANT BINGO
1st Quarter ~ [ol U~ b0
2nd Quarter gip, ~SN.oo
3rd Quarter % 1.~, ~/c 3 0~
4th Quarter / ~ ~ S jC, . 00
TOTAL ~-J0~50q.00 TOTAL (at 3~~3~ 00
DAYS OF WEER AND HOURS OF BINGO ACTIVITY:
Sunday
Monday
Tuesday
Wednesday
~/ Thursday
Friday
Saturday
From To
From T,;,~c~P1-~To icy 3o Pr'1
From To
From To
From :ot~ ,,~To /D ~ 3C, f'M
From To
From To
specific location where Bingo game is to be conducted?
3233 Catawba Valley Dr. Salem, Va 24153
NOTE: This permit shall be vals.d only for the above location.
Any organization holding a permit to conduct bingo games or raffles
shall use twelve and one-half percent (12.5$) of its gross receipts
from all bingo games or raffles for those lawful religious,
charitable, community or educational purposes for which the
organization is specifically chartered or organized. (County Code
§4-101) State specifically how the proceeds from Bingo will be
used. List in detail the planned or intended use of the proceeds.
Use estimated amounts if necessary.
After Prom Parties for various High Schools, Christmas-Easter-Halloween
parties for Community, Local Dare Programs, Christmas Baskets for needy,
Massey Cancer Research Program, and Local Fire and Rescue
COUNTY OF ROANOKE, VIItGINIA P.O. BOX 20409
CONIlVIISSIONER OF THE REVENUE ROANOKE, VA 24018
a
•• Officers of the Organization: C '-
~re~ide~rt~ Governor: Claude N. Stump Phone: (540) 387-1513
Address: 2619 Creekwood Drive• Sa1PmR Va_ ~41~i~
~i•csPresident~ prelate: .hart e C~ar1 ic-k Phone:_(r~gn~ ~Rq_q'~,~
Address: ~ 71 7 T anr•i ng nr A= t i 7 ~ Sa_~ Am, va 2A 153
-Seca-r-~t-a-r-~~Actina Adm. Rice Mcnutt Phone: ( 540 ) 977-1606
Address: 30 Bir h Rli~c~ u;~gP, va ~antia
Treasurer: ,TamP~ ua,;=n+. Phone: ~QO~~~~~Q~
Address: 724 Finnev Dr Vinton Va 2417
Member authorized to be responsible for Hinqo operations:
Name: James Garlick
Home Address 605 Hemlock Dr. Salem, Va 24153
Phone 540-343-3123 Bus Phone 540-344-7363
Member responsible for filing financial report required by the code
if your organization ceases to exist:
Name: ,Tamr~c (ta rli rtr
Home Address 605 Hemlock Dr. Salem. Va 24153
Phone540-343-3123 Bus Phone 540-344-7363
Does your organization understand that it will be required to
furnish a complete list of its membership upon the request of the .
Commissioner of the Revenue? yes
Has your organisation attached a check for the annual. permit fee in
the amount of $25.00 payable to the County of Roanoke? es
IF ALL QUESTIONS HAVE HEEN ANSWERED, PROCEED TO NOTARIZATION.
COUNTY OF ROANOKE, VIItGINIA P.O. BOX 20409
COMNIISSIONER OF THE REVENUE ROANOKE, VA 24018
3
' ~ NOTARIZATION
~. ~'-- ~
• THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS:
I hereby swear or affirm under the penalties of perjury as set
forth in 518.2-434 of the Code of Virginia, that all of the above
statements are true to the best of my knowledge, information, and
beliefs. All questions have been answered. I further swear that
I have react and understand the attached copies of Sec. 18.2-340.1
et. se of the Code of Virginia and Section 4-86 et. se of the
Roanoke County Code.
~~
8J d rby - ~~ 7r ~~ '~
mac"--/J) ~ 4064
Name T tle Home Address
Subscribed and sworn before me, this ~Th day of 19~jc~ in the
county/e~-t3~-~~f~ C ~ ~ ~l~~~t=- , Virginia .
My commission expires: /V~,,A,~, 3~'~T19~'
Nota ub is
NOT VALID UNLESS COUNTERSIGNED
The above application, having been found in due form, is approved
and issued to the applicant to have effect until December 31st of
this calendar year.
Date
The abo application is not
~ ~-
Date
Commissioner of the Revenue
ss
nue
COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409
CONIlVIISSIONER OF TIC REVENUE ROANOKE, VA 24018
4
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LOYAL ORDER OF MOOSE NO. 284 .. , „ .~~6,~,
BINGO ACCOUNT ~' ' ~• ~} ' ~'
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SALEM, VA 24157
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BARBARA F. MOORE 234-92-W50 ,
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COMMISSIONER OF THE REVENUE
BINGO OR RAFFLE FINANCIAL REPORT
~-- _ ~ ~ ~
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,P~'~ l~ l.`~
~ ~~~~1~
Pursuant to Sections 18.2-340.6 and 18.2-340.7 of the State Code of Virginia
and Article V Sections 4-96, 4-97 and 4-99 of the Roanoke County Code, all
holders of a Bingo Game or Raffle Permit must file annually with the county a
record of all receipts and disbursements in accordance with the provisions of this
Article. However, any organization whose gross receipts exceed $ 50,000.00
during any calendar quarter shall file an additional report for that quarter. All
such accounting shall be made on or before the first day of December of each
calendar year for which a permit has been issued. Additionally, all organizations
with gross receipts over $ 2,000.00 for the reporting period must submit an audit
fee of two percent of the total gross receipts including applicable interest
reported.
FAILURE TO FILE A REPORT OF SUCH RECORDS ON OR BEFORE
DECEMBER 1ST OR WITHIN 60 DAYS OF THE LAST DAY OF A QUARTER
SHALL CAUSE THE AUTOMATIC REVOCATION OF THE PERMIT.
Name of Organization
Address
Address where Bingo/Raffle is held
Person Preparing Report
Daytime telephone of person preps
Period for which this report is filed
Permit was for
Roanoke Moose Lodge #284
P O Box 538, Salem, VA 24153
3233 Catawba Vallev Drive,~alem, VA
s a'
---__
ring report 0 384-7172 7
7/1/95 throug ~1~0/95
XX Bingo Raffle
I. BEGINNING BALANCES
1. Beginning Bank Balance from Bingo/ Raffle
2. Cash on Hand
3. TOTAL
II. GROSS RECEIPTS
4. Admission (Regular and Extra Cards)
5. Instant Bingo Sales (Cannot exceed 50% of Line 9)
6. Misc. Sales (Excluding food and beverage)
(Explain in Part IV)
7. Raffles
. 8. Other (Including Interest Income)
(Explain in Part IV)
9. TOTAL GROSS RECEIPTS
10. TOTAL CASH AVAILABLE
(Audit fee = Gross receipts $ 122,601
-Redeposited checks 2.~~L5
Net receipts $ 157,731
X ,9~ _ $ 3,155
$ 34,425 ~'\ \ A -~6 qh
$ ~,ooo W~kh`~'~o~
$ 35,425 ~`~ ~~ ~ ~
~~~a~
$ 103,221 rl"
$ 18,518
$ 382
$ 0
$ 480
$ 122,601
$ 158026 ~I~a~ ~5
___
~~'f a
slb
~~~
OPERATING COSTS (EXCLUDING FOOD AND BEVERAGE)
11. Bingo Supplies $ 4,975
12. Instant Bingo Supplies $ 1,980
13. Other Supplies & Equipment (E~lain in Part IV) $ 221
14. Permit fee $ 0
15. Jackpot prizes awarded $ 80,834
16. Instant Bingo Prizes awarded $ 6,084
17. Rent $ 0
18. Audit fee $ 2,523
19. Other (E~lain in Part IV) $ 15,131
20. TOTAL $ 111, 748
21. Use of Proceeds (E~lain in Part IV) $ 29,$09
(Must be at least 12.5% of Line 9)
22. TOTAL EXPENDITURES $ 141,057
23. ENDING CASH BALANCE $ 15,969
24. CASH ON HAND $ 1,000
25. TOTAL ACCOUNTED FOR $ 158,026
***~* ****'"'"'* PART IV
DETAILED EXPLANATIONS REQUIRED FOR ANY ENTRIES ON /
LINES 6, 8, 13, 19, OR 21 ' ~ f
Line # 6 Markers ~' ~ D
Line # 8 NSF checks - $295; Interest on checking - $185
Line # 13 Marke 3
Line # 19 Insur - 240 aintenance - $5,020• Can liners - $1,391;
Mortgage - $4,51 Q NSF c ec s
Line # 21 ke County Dare $ 2,500
Light up my Life Bowlers 1,000 ~ ~ _
ABCD Mooseheart 1,200 ~ S
New Castle Rescue Squad 1,000 / ~ ~
Upper Craig Fire Dept 1,000 ~ ,
Massey Cancer Ctr 2,000/
Boy Scouts .2,500 ~ /
CMT Softball 109 / '
SPCA 500 /
Moose Lodge Maintenance 10,000?/I~~
Mason Cove Fire/Rescue 2,000 / ~,~,n
Girl Scouts 500 t}
Salvation Army 1,000 /
Craig Cty Dare 2,500 ~/
Mason Cove School 1,500 ~ u~''~` ~ \„ S
Total
$ 29, 309
_ _
. ~•
r ~~`
1994-1995 BINGO AUDIT FOR ROANOKE MOOSE LODGE
1ST QTR 2ND QTR 3RD QTR 4TH QTR TOTAL
GROSS RECEIPTS:
ADMISSION 111736 117102 107073 103221 439132
INSTANT BINGO 11825 17515 18474 18518 66332
MISC. SALES 426 413 422 382 1643
RAFFLES 0
OTHER 1554 1045 971 480 4050
LESS:RETURNED CHECKS -1405 -925 -785 -295 -3410
0
TOTAL GROSS RECEIPTS: 124136 135150 126155 122306 507747
2~ AUDIT FEE REQUIRED 2483 2703 2523 2446 10155
~
12.5 USE OF PROCEEDS READ
15517
16894
15769
15288 ,
f~
63468 I`~"
0
INSTANT BINGO ~ OF TOTAL 9.53$ 12.96$ 14.64 15.14 13.06~~ I
OPERATING COST: 0
0
BINGO SUPPLIES 3478 4175 4033 4975 16661
INSTANT BINGO SUPPLIES 1948 1980 2957 1980 8865
OTHER SUPPLIES & EQUIP 67 967 810 221 2065
PERMIT FEE 25 0 0 0 25
JACKPOT PRIZES AWARDED 80995 74442 80151 80834 316422
INSTANT BINGO PRIZES 6096 5603 6543 6084 24326
RENT 0 0 0 0 0
AUDIT FEE 2607 2483 2703V~ 2523Y~ 10316
OTHER ~ 16288 9148 13711 15131 5427
0
TOTAL OPERATING COSTS: 111504 98798 110908 111748 432958
~ 0
USE OF PROCEEDS: 12900 12744 9177 2930 ~ 64130
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COIINTY,
VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON
MONDAY, JANUARY 2, 1996
RESOLUTION 010296-2 ESTABLISHING A MEETING
SCHEDULE FOR THE BOARD OF SUPERVISORS OF
ROANORE COUNTY FOR CALENDAR YEAR 1996 AND
ADOPTING RIILES OF PROCEDURE FOR SUCH MEETING
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That for calendar year 1996, 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.
Saturday, January 6, 1996, 9:00 a.m. to 4:00 p.m.
Sunday, January 7, 1996, 1:00 p.m. to 5:00 p.m.
Board of Supervisors and Staff Retreat
5204 Bernard Drive, Roanoke, Virginia
Monday, January 8, 1996, at 12:15 p.m.
Joint Meeting with Roanoke City Council, Hotel Roanoke
Tuesday, January 9, 1996, at 3:00 p.m.
Tuesday, January 23, 1996, at 3:00 p.m. and 7:00 p.m.
Tuesday, February 13, 1996, at 3:00 p.m.
Tuesday, February 27, 1996, at 3:00 p.m. and 7:00 p.m.
Tuesday, March 12, 1996, at 3:00 p.m.
Tuesday, March 26, 1996, at 3:00 p.m. and 7:00 p.m.
Tuesday, April 9, 1996, at 3:00 p.m.
Tuesday, April 23, 1996, at 3:00 p.m. and 7:00 p.m.
Tuesday, May 14, 1996, at 3:00 p.m.
Tuesday, May 28, 1996, at 3:00 p.m. and 7:00 p.m.
Tuesday, June 11, 1996, at 3:00 p.m.
Tuesday, June 25, 1996, at 3:00 p.m. and 7:00 p.m.
Tuesday, July 9, 1996, at 3:00 p.m.
Tuesday, July 23, 1996, at 3:00 p.m. and 7:00 p.m.
Tuesday, August 13, 1996, at 3:00 p.m.
Tuesday, August 27, 1996, at 3:00 p.m. and 7:00 p.m.
1
Tuesday, September 10, 1996, at 3:00 p.m.
Tuesday, September 24, 1996, at 3:00 p.m. and 7:00 p.m.
Tuesday, October 8, 1996, at 3:00 p.m.
Tuesday, October 22, 1996, at 3:00 p.m. and 7:00 p.m.
Tuesday, November 19, 1996, at 3:00 p.m. and 7:00 p.m.
Tuesday, December 3, 1996, at 3:00 p.m.
Tuesday, December 17, 1996, at 3:00 p.m. and 7:00 p.m.
2. That the organizational meeting for 1997 shall be held on
Thursday, January 2, 1997.
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:
a . that no second to motions shall be required in order
to consider that motion; and
b. that the chairperson 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
meeting schedule amended to include two meetings in August (13 and
27), one meeting in November (19), and two meetings in December (3,
17), and carried by the following recorded vote:
2
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Paul M. Mahoney, County Attorney
John M. Chambliss, Jr., Assistant Administrator
Don C. Myers, Assistant Administrator
3
ACTION NO.
ITEM NO. ~ J 3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 2, 1996
AGENDA ITEM: RESOLUTION ESTABLISHING A MEETING SCHEDULE FOR THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR
YEAR 1996 AND ADOPTING RULES OF PROCEDURE FOR SUCH
MEETING
COUNTY ADMINISTRATOR'S COMMENTS:
In January of every year the Board of Supervisors reorganizes
itself by electing a chairperson and vice-chairperson, by
establishing a meeting schedule for the upcoming year, and by
adopting rules of procedure. The attached resolution suggests a
meeting schedule for the calendar year 1996 and certain rules of
procedure to govern your meetings.
In reviewing the proposed meeting schedule you should note the
following:
Regular meetings twice a month on the second and fourth
Tuesdays (the evening public hearing meeting being scheduled
for the fourth Tuesday of each month).
Only one meeting scheduled for August (August 20, 1996) (often
the need for formal board action decreases in the summer
months, an abbreviated meeting schedule is followed by many
localities).
Only one meeting in December (December 17, 1996) (the December
meeting schedule change is suggested to accommodate the
holiday season).
The 1997 organizational meeting is scheduled for Thursday,
January 2, 1997.
Next, the Board will note that the rules of procedure are the
same as previously adopted by the Board.
It is recommended that the Board consider the adoption of the
attached resolution.
1
~- 3
Respectfully submitted,
~' '•1.
Paul M. Mahoney
County Attorney
Action
Approved ( )
Denied ( )
Received ( )
Referred
to
agenda\general\organ.rpt
Motion by
Vote
No Yes Abs
Eddy
Johnson
Harrison
Nickens
Minnix
2
--
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
MONDAY, JANUARY 2, 1996
RESOLUTION ESTABLISHING A MEETING SCHEDULE FOR
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR
CALENDAR YEAR 1996 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 1996, 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.
Saturday, January 6, 1996, 9:00 a.m. to 4:00 p.m.
Sunday, January 7, 1996, 1:00 p.m. to 5:00 p.m.
Board of Supervisors and Staff Retreat
5204 Bernard Drive, Roanoke, Virginia
Monday, January 8, 1996, at 12:15 p.m.
Joint Meeting with Roanoke City Council, Hotel Roanoke
Tuesday, January 9, 1996, at 3:00 p.m.
Tuesday, January 23, 1996, at 3:00 p.m. and 7:00 p.m.
Tuesday, February 13, 1996, at 3:00 p.m.
Tuesday, February 27, 1996, at 3:00 p.m. and 7:00 p.m.
Tuesday, March 12, 1996, at 3:00 p.m.
Tuesday, March 26, 1996, at 3:00 p.m. and 7:00 p.m.
Tuesday, April 9, 1996, at 3:00 p.m.
Tuesday, April 23, 1996, at 3:00 p.m. and 7:00 p.m.
Tuesday, May 14, 1996, at 3:00 p.m.
Tuesday, May 28, 1996, at 3:00 p.m. and 7:00 p.m.
Tuesday, June 11, 1996, at 3:00 p.m.
Tuesday, June 25, 1996, at 3:00 p.m. and 7:00 p.m.
Tuesday, July 9, 1996, at 3:00 p.m.
Tuesday, July 23, 1996, at 3:00 p.m. and 7:00 p.m.
Tuesday, August 20, 1996, at 3:00 p.m. and 7:00 p.m.
3
`~"
Tuesday, September 10, 1996, at 3:00 p.m.
Tuesday, September 24, 1996, at 3:00 p.m. and 7:00 p.m.
Tuesday, October 8, 1996, at 3:00 p.m.
Tuesday, October 22, 1996, at 3:00 p.m. and 7:00 p.m.
Tuesday, November 12, 1996, at 3:00 p.m.
Tuesday, November 26, 1996, at 3:00 p.m. and 7:00 p.m.
Tuesday, December 17, 1996, at 3:00 p.m. and 7:00 p.m.
2. That the organizational meeting for 1997 shall be held on
Thursday, January 2, 1997.
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:
a. that no second to motions shall be required in order
to consider that motion; and
b. that the chairperson 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.
agenda\general\organ.met
4'
~'
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY,
VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON
TUESDAY, JANUARY 2, 1996
RESOLUTION 010296-3 REQUESTING THE VIRGINIA GENERAL
ASSEMBLY TO AMEND THE ROANORE COUNTY CHARTER
WHEREAS, on January 2, 1996, the Board of Supervisors of
Roanoke County, Virginia, held a public hearing after proper legal
notice on a proposal to amend the Roanoke County Charter, pursuant
to the provisions of Section 15.1-835, Code of Virginia, 1950, as
amended.
NOW, THEREFORE, be it resolved by the Board of Supervisors of
Roanoke County, Virginia, that the following amendment to the
Roanoke County Charter is submitted to the 1996 session of the
Virginia General Assembly for its favorable consideration and
adoption:
Section 18.10. Annexation. - No part of the territory
of the county may be annexed by any city ei~n unless
the whole county be annexed. In such case the county
shall not be annexed until the question of annexation has
been first submitted to a referendum of the voters of the
county and approved by a majority of those voting
thereon.
The Clerk to the Board of Supervisors is directed to send a
certified copy of this resolution to the members of the General
Assembly representing the Roanoke Valley, to the Clerk's of the
House of Delegates and the Senate of the General Assembly, and to
the Town Council of the Town of Vinton, City Councils of the City
of Salem and the City of Roanoke, and the Boards of Supervisors of
the Counties of Bedford, Botetourt, Craig, Floyd, Franklin, and
Montgomery counties.
1
On motion of Supervisor Eddy to adopt the resolution with the
deletion of the word "Town" in the charter amendment, and carried
by the following recorded vote:
AYES: Supervisors Minnix, Harrison, Eddy, Nickens, Johnson
NAYS: None
A COPY TESTE:
y'nc~.-~.~,..~. ~
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Paul M. Mahoney, County Attorney
The Honorable George Allen, Governor
The Honorable John S. Edwards
The Honorable Malfourd W. "Bo" Trumbo
The Honorable H. Morgan Griffith
The Honorable C. Richard Cranwell
The Honorable Clifton A. Woodrum
The Honorable A. Victor Thomas
The Honorable Bruce F. Jamerson
The Honorable Donald S. Beyer
Clerk, Vinton Town Council
Clerk, Salem City Council
Clerk, Roanoke City Council
Clerk, Bedford County Board of Supervisors
Clerk, Botetourt County Board of Supervisors
Clerk, Craig County Board of Supervisors
Clerk, Floyd County Board of Supervisors
Clerk, Franklin County Board of Supervisors
Clerk, Montgomery County Board of Supervisors
2
ACTION NO.
ITEM NO.
~~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 2, 1996
AGENDA ITEM: PUBLIC HEARING ON AMENDMENT TO THE ROANORE COUNTY
CHARTER
COUNTw ADMINISTRATOR'S COMMENTS:
This public hearing i
of Section 15.1-835 of t
the Board of Supervisors
Charter to provide for
annexation.
s held in accordance with the provisions
he State Code, and upon the direction of
in order to amend the Roanoke County
certain limitations upon the power of
Section 15.1-835 provides that a county desiring to amend its
charter may hold a public hearing on the proposed charter amendment
at which citizens shall have an opportunity to be heard to
determine if the citizens desire that the county request the
General Assembly to amend its existing charter. The text or an
informative summary of the amendment shall be published at least
once in the newspaper at least ten (10) days in advance of the time
and place of the public hearing. The full text of this proposed
charter amendment was published in the Roanoke Times & World News
on December 22, 1995 advertising the date, time, and place of this
public hearing.
At its meeting on December 12, 1995, the Board directed the
County Attorney to prepare a charter amendment to address certain
annexation concerns that it had; and to provide the appropriate
legal notice for a public hearing to be held on January 2, 1996, on
this proposed charter amendment.
1
~`~
This proposal amends Section 18.10 of the Roanoke County
Charter as follows:
Section 18.10. Annexation. - No part of the territory
of the county may be annexed by any city or town unless
the whole county be annexed. In such case the county
shall not be annexed until the question of annexation has
been first submitted to a referendum of the voters of the
county and approved by a majority of those voting
thereon.
This proposed amendment is consistent with existing State law
found in Section 15.1-692. This provision currently benefits
certain optional forms of county government in the Commonwealth.
This proposed amendment would extend this statutory protection to
Roanoke County. In addition, staff recommends that the Board
approve an amendment to general law which would extend this
protection to all chartered counties (at this time only Roanoke
County and Chesterfield County have been granted a charter by the
General Assembly). It is also consistent with Section 15.1-1057,
which protects and benefits towns in a similar fashion.
Staff is unaware of any direct fiscal impact as a result of
this charter amendment.
ALTERNATIVES'
After providing the citizens an opportunity to be heard with
respect to this public hearing on the charter amendment, the Board
has the following alternatives:
1) Adopt the charter amendment as proposed;
2) Amend or revise the charter amendment;
3) Take no action and decline to adopt an amendment to the
Roanoke County Charter at this time.
It is recommended that the Board hold the public hearing as
advertised and provide the citizens with an opportunity to be heard
with respect to the amendment to the charter.
2
~-
pectfully submitted,
Paul M. Mahoney
County Attorney
Action Vote
No Yes Abs
Approved ( ) Motion by Eddy
Denied ( ) Harrison
Received ( ) Johnson
Referred Minnix
to Nickens
chertecrpt
3
C-I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, JANUARY 2, 1996
RESOLUTION REQUESTING THE VIRGINIA GENERAL ASSEMBLY TO
AMEND THE ROANOKE COUNTY CHARTER
WHEREAS, on January 2, 1996, the Board of Supervisors of
Roanoke County, Virginia, held a public hearing after proper legal
notice on a proposal to amend the Roanoke County Charter, pursuant
to the provisions of Section 15.1-835, Code of Virginia, 1950, as
amended.
NOW, THEREFORE, be it resolved by the Board of Supervisors of
Roanoke County, Virginia, that the following amendment to the
Roanoke County Charter is submitted to the 1996 session of the
Virginia General Assembly for its favorable consideration and
adoption:
Section 18.10. Annexation. - No part of the territory
of the county may be annexed by any city or town unless
the whole county be annexed. In such case the county
shall not be annexed until the question of annexation has
been first submitted to a referendum of the voters of the
county and approved by a majority of those voting
thereon.
The Clerk to the Board of Supervisors is directed to send a
certified copy of this resolution to the members of the General
Assembly representing the Roanoke Valley, to the Clerk's of the
House of Delegates and the Senate of the General Assembly, and to
the Town Council of the Town of Vinton, City Councils of the City
of Salem and the City of Roanoke, and the Boards of Supervisors of
the Counties of Bedford, Botetourt, Craig, Floyd, Franklin, and
Montgomery counties.
1
C- I
NOTICE OF PUBLIC HEARING
AMENDMENTS TO
ROANOKE COUNTY CHARTER
Pursuant to the provisions of Chapter 17 of Title 15.1 of the 1950 Code of Virginia, as
amended, and specifically Section 15.1-835, the Board of Supervisors of Roanoke County,
Virginia, hereby gives notice of a pubic hearing to be held on January 2,1996, at 9:00 a.m. at
the Roanoke County Administration Center, 5204 Bernard Drive ,Roanoke, Virginia, so that
the citizens of Roanoke County shall have an opportunity to comment upon the County's
request that the General Assembly amend its existing charter.
The text of the proposed charter amendment is as follows:
Section 18.10. Annexation. - No part of the territory of the county may be
annexed by any city or town unless the whole county be annexed. In such case
the county shall not be annexed until the question of annexation has been first
submitted to a referendum of the voters of the county and approved by a
majority of those voting thereon.
The Roanoke County Charter and a copy of the text of the proposed amendment are
available for public inspection in the office of the Clerk to the Board of Supervisors.
Paul M. Mahoney
Roanoke County Attorney
Please publish on December 22,1995.
Please send bill to:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
P. O. Box 29800
Roanoke, VA 24018
Z:Ze
is-. a ~
ACTION NO.
ITEM NO. •-
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 2, 1996
AGENDA ITEM: Addition to Legislative Program for the 1996
Session of the Virginia General Assembly
COUNTY ADMINISTRATOR'S COMMENTS:
The attached Resolution requests specific changes to State law
concerning annexation. This amends Roanoke County's legislative
program for the 1996 session of the Virginia General Assembly.
SUMMARY OF INFORMATION:
On December 12, 1995, the Board of Supervisors adopted its
legislative program for the upcoming session of the Virginia
General Assembly. The Board voted to support legislation which
would treat chartered counties as municipalities for purposes of
all annexations (see paragraph M of Resolution 121295-5).
These proposed amendments provide certain protections to
chartered counties against involuntary annexations. The proposed
amendment to Section 15.1-1057 extends to chartered counties the
same protections against annexations currently enjoyed by towns.
The proposed amendment to Chapter 17 of Title 15.1 (creating a new
Section 15.1-836.4) extends to chartered counties the same
protections against annexations enjoyed by certain optional-forms-
of-government counties currently found in Section 15.1-692.
It is recommended that the Board adopt the attached Resolution
requesting legislative changes to the general annexation laws.
fully submitted,
~.~
Paul M. Mahoney
County Attorney
1
~i..
Action Vote
No Yes Abs
Approved ( ) Motion by Eddy
Denied ( ) Harrison
Received ( ) Johnson
Referred Minnix
to Nickens
~. i
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY,
VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON
TUESDAY, DECEMBER 12, 1995
RESOLUTION 121295-5 ADOPTING A LEGISLATIVE PROGRAM FOR
THE 1996 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND
PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER
THE TOPICS AND ISSUES ADDRESSED HEREIN
WHEREAS, on June 27, 1995, the Board of Supervisors of Roanoke
County, Virginia, identified major legislative issues of state-wide
concern to be considered by the 1996 session of the Virginia
General Assembly; and
WHEREAS, the Board has recommended these issues to its state-
wide organization, the Virginia Association of Counties, for
consideration in the adoption of its legislative program; and
WHEREAS, the Board adopts this resolution as the Legislative
Frogram for Roanoke County for the 1996 session of the Virginia
General Assembly.
NOW, THEREFORE, Be It Resolved by the Board of Supervisors of
Roanoke County, Virginia, that the following legislative initia-
tives are submitted to the 1996 session of the Virginia General
Assembly for its favorable consideration and adoption.
I.
A. Education. Realizing that public education is the
foundation of American democracy and the cornerstone of our future
economic well being, the County urges the General Assembly to
consider favorably the following actions.
1) The General Assembly should enhance funding for
public education, including increasing the funds available to the
Literary Fund for local school capital construction or renovation
1
projects.
.V.."'
2) Local school divisions should be authorized to
establish opening dates for school.
3) Disparity funding should be based not only upon the
number of students eligible for free or reduced fee lunches, but
also upon the locality's local tax effort in support of education.
Disparity funding should be based upon the composite index (which
measures a locality's relative fiscal ability to provide its share
of the cost of a local school system that meets the standards of
quality) and the locality's local effort in support of that school
system.
4) Roanoke County opposes the adoption of SJR 379
(Constitutional amendment) which would remove the discretionary
power of a local school board with respect to fact-finding panel
decisions in personnel matters. This legislation would make the
panel's decision final and binding.
B. Roanoke County supports legislation amending the
heart/lung/cancer presumption statute for Workers' Compensation to
restore balance to the rebuttal process. Compensability shall be
determined by establishing whether work or non-work related risk
factors (life-style choices such as smoking, poor nutritional
habits, lack of exercise, or obesity, or non-work related stress
and familial history) are more likely the primary cause of the
medical condition. In addition, Roanoke County opposes any further
expansion of this statute.
C. Roanoke County supports legislation relieving local
2
~_ i
gc~ve~~~rents of the responsibility of meeting recycling rates on all
wastes collected by private haulers and diverted from waste
disposal facilities identified to receive such wastes as set out in
the local solid waste management plan. This legislation should
also require that private haulers diverting such wastes be held
accountable and responsible to meeting the same recycling rates and
requirements as the local governments.
Section 10.1-1411 imposes a 25% recycling mandate on local
governments. The 1995 session of the General Assembly adopted the
Waste Hauler Displacement Bill which severely limited the ability
of local governments to regulate the flow of waste. This proposal
would relieve local governments of the responsibility of meeting
this recycling mandate on all wastes collected by private haulers.
It would also require that private haulers be subject to the same
recycling mandates as local governments.
D. Urban Partnership. Roanoke County supports efforts of
the Urban Partnership to enhance the economic vitality and
competitiveness of the various regions throughout the Commonwealth.
Reversing the decay of our urban areas is critical to our future.
Roanoke County supports the establishment of financial incentives
to reward regional cooperation and the revitalization of
neighborhood programs to encourage residential and commercial
development. Roanoke County opposes any legislation which would
alter local governmental structures and processes.
E. Roanoke County opposes the elimination of the authority
of local governments to adopt a local license tax on businesses,
3
I , ~ ~
trades professions, occupations, and callings (BPOL).
F. Roanoke County supports additional maintenance funding
for the Virginia Department of Transportation for secondary and
primary roads. This additional maintenance funding shall be used
for an expanded program to mow grass and weeds, and inspect and
clean drainage pipes and culverts.
G. Roanoke County requests the amendment of Section 58.1-
3813 (local tax for enhanced emergency telephone service, E911) to
specifically authorize the expenditure of funds derived from this
special tax for radios and other communication devices, mobile
computer data terminals, and other ancillary equipment for E911
emergency telephone systems.
H. Roanoke County supports continued State funding for
Virginia's Explore Park.
I. Roanoke County supports allowing the disposal of land
clearing debris (including tree stumps) in less expensive
facilities in a manner not detrimental to the environment.
J. Roanoke County supports legislation amending Section
14.1-46.0:1 to increase the salary supplement for the Chairman of
the Board of Supervisors from $1,800 to $2,500 per year.
K. Roanoke County supports continued and increased funding
for the Comprehensive Services Act, the Virginia Community Juvenile
Crime Control Act, and the Family Preservation Act.
L. VRS rates increases. Last year the General Assembly
approved an annual 3% cost of living increase for certain retirees.
Prefunding these cost of living allowances (COLA) for retirees will
4
-i
have a significant impact upon Roanoke County. VRS has submitted
three policy options for the Governor's consideration in
establishing the 1996-98 employer contribution rates. These
options are (1) continue the current pay-as-you-go policy
(requiring unfunded liability disclosure on the County's financial
statements), (2) partial prefunding of the COLA (estimated Roanoke
County and Roanoke County school cost of $1 million in 1996-97
budget), and (3) full prefunding of the COLA (estimated Roanoke
County and Roanoke County school cost of $2.5 million in the 1996-
97 budget). Roanoke County requests the General Assembly and the
Governor to choose Option No. 2.
M. Roanoke County supports legislation which would treat
chartered counties as municipalities for purposes of all
annexations.
II.
That the Clerk to the Board of Supervisors is directed to send
a certified copy of this resolution to the members of the General
Assembly representing the Roanoke Valley, to the Clerk's of the
House of Delegates and the Senate of the General Assembly, and to
the Town Council of the Town of Vinton, City Councils of the City
of Salem and the City of Roanoke, and the Boards of Supervisors of
the Counties of Bedford, Botetourt, Craig, Floyd, Franklin, and
Montgomery counties.
On motion of Supervisor Johnson to adopt the resolution
including paragraph L and advertise public hearing for 1/2/96 to
consider charter amendment, and carried by the following recorded
5
_°"
vote:
AYES: Supervisors Johnson, Kohinke, Minnix
NAYS: Supervisor Eddy
ABSENT: Supervisor Nickens
A COPY TESTE:
Brenda J. H lton, Deputy Clerk
Roanoke County Board of Supervisors
cc: File
Paul M. Mahoney, County Attorney
The Honorable George Allen, Governor
The Honorable John S. Edwards
The Honorable Malfourd W. "Bo" Trumbo
The Honorable H. Morgan Griffith
The Honorable C. Richard Cranwell
The Honorable Clifton A. Woodrum
The Honorable A. Victor Thomas
The Honorable Bruce F. Jamerson
The Honorable Donald S. Beyer
Clerk, Vinton Town Council
Clerk, Salem City Council
Clerk, Roanoke City Council
Clerk, Bedford County Board of Supervisors
Clerk, Botetourt County Board of Supervisors
Clerk, Craig County Board of Supervisors
Clerk, Floyd County Board of Supervisors
Clerk, Franklin County Board of Supervisors
Clerk, Montgomery County Board of Supervisors
6
~....
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 2, 1996
RESOLIITION REQIIESTING THE 1996 SESSION OF THE VIRGINIA
GENERAL ASSEMBLY TO ADOPT CHANGES TO THE GENERAL
ANNEXATION LAAS TO PROTECT CHARTERED COIINTIES FROM ALL
ANNEXATIONS
WHEREAS, on December 12, 1995, the Board of Supervisors of
Roanoke County adopted Resolution 121295-5 which established a
legislative program for Roanoke County for the 1996 Session of the
Virginia General Assembly; and
WHEREAS, on January 2, 1996, the Board of Supervisors of
Roanoke County adopted an additional resolution requesting the
General Assembly to amend the general annexation laws to protect
chartered counties from all annexations.
NOW, THEREFORE, be it resolved by the Board of Supervisors of
Roanoke County, Virginia, that the following amendments to the
general annexation laws for the Commonwealth of Virginia are
submitted to the 1996 Session of the Virginia General Assembly for
its favorable consideration and adoption:
Section 15.1-1057. Annexation of whole town or chartered
county. The provisions of this article shall apply to
the annexation by a city or town of an adjoining town or
of a county granted a charter by the General Assembly.
No part of a town or a chartered county shall be annexed
unless the whole town or chartered county is annexed.
The annexing city of town shall assume all the
indebtedness of the town or chartered county annexed, and
shall own all of the corporate and governmental property,
franchises and rights thereof.
Section 15.1-836 4 Annexation by city or town. When a
county has been granted a charter by the General
Assembly thereafter no part of its territory may be
annexed by any city or town unless the whole county be
annexed In such latter case, the chartered county shall
not be annexed until the question of annexation has been
~.
1
first submitted to a referendum of the voters of such
chartered county_and approved by a majority of those
voting thereon.
The Clerk to the Board of Supervisors is directed to send a
certified copy of this resolution to the members of the General
Assembly representing the Roanoke Valley, to the Clerk's of the
House of Delegates and the Senate of the General Assembly, and to
the Town Council of the Town of Vinton, City Councils of the City
of Salem and the City of Roanoke, and the Boards of Supervisors of
the counties of Bedford, Botetourt, Chesterfield, Craig, Floyd,
Franklin, and Montgomery counties.
g:\attorney\board\961eg.res
TOWN OF VINTON
P. 0. BOX 338
VINTON, VIRGINIA 24179
PHONE (540) 983-0607 B. CLAYTON GOODMAN, III
FAX (5401 983-0621 TOWN MANAGER
January 2, 1995
Elmer Hodge, County Administrator
Roanoke County Administration Center
Suite 400A
5204 Bernard Drive, SW
Post Office Box 29800
Roanoke, Virginia 24018
RE: Proposed Charter Amendment to Roanoke County
Section 18.10
Dear Elmer:
Please read this correspondence into the official record of the public hearing scheduled for 9:00
am today.
I have spoken individually with members of the Town Council since we learned, by reading the
newspaper, of Roanoke County's plans to amend its charter. The Council members have asked
that I communicate their strong opposition to this action by the Board of Supervisors which
would effectively prohibit any expansion of Vinton's boundaries.
The Constitution of Virginia clearly gives towns the right to annex. Your proposals would
deprive Vinton of a right which is possessed by every other town in Virginia. While Vinton has
been studying the option of annexing for several years, no final decision has been made by the
Town as to what course of action to take. The two governing bodies and/or their representatives
have met on numerous occasions during the past eighteen months to discuss ways by which an
amicable resolution of the Town Council's concerns regarding the financial security of the Town
could be best addressed.
The option to expand the Town's boundaries must be preserved for Vinton, which is a vital part
of Roanoke County. The Town Council hopes that it is understood that what is good for Vinton
is good for Roanoke County. The proposed charter amendment is not good for Roanoke
County.
Elmer Hodge
January 2, 1996
Page 2
In conclusion, I asked that the record clearly reflect the strong opposition of the Vinton Town
Council to such an amendment to the County Charter. For the County to act on such a request
would clearly demonstrate its unwillingness to continue negotiations with the Town and try to
place the Town on an unequal footing regarding any future negotiations.
Thank you for forwarding this matter to your Board.
Sincerely,
B. Clayton Goodman,III
Town Manager
BCG/cg
cc: Town Council
CITY OF ROANOKE
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464 MUNICIPAL BUILDING
~_ 215 CHURCH AVENUE, SW
~' ROANOKE, VIRGINIA 24011-1595
TELEPHONE: 540-981 2431
T E LECO P I E R: 540224-3071
WILBURN C. DIBLING, JR.
CITY ATTORNEY December 2 6 , 19 9 5
Paul M. Mahoney, Esquire
County Attorney
5204 Bernard Avenue, S. W.
Roanoke, Virginia 24018
Dear Paul:
~~ I~
WILLIAM X PARSONS
STEVEN J. TALEVI
GLADYS L. YATES
GARY E.TEGENKAMP
=.SSISTANT CITY ATTORNEYS
Re: Transportation District.
Pursuant to our telephone conversation of December 22, 1995,
I am enclosing a draft of legislation that would be required to
implement a tax of two percent of the retail price of motor vehicle
fuels in a transportation district consisting of the City and
County.
The amendment to §58.1-1720 amends this section to make it
applicable to our Transportation District. As you can see, the
amendment has been drafted so that other jurisdictions that are
contiguous to the City of Roanoke can join without requiring any
action from the General Assembly.
The amendment to §58.1-1724 addresses an issue of concern to
Roanoke County. Since the County will not be using the tax
proceeds for a "mass transit system", there is the necessity to
broaden the purposes for which the tax proceeds can be used, and,
accordingly, I have amended §58.1-1724 so that Roanoke County can
use its tax revenue "for any transportation purpose".
After you have shared the proposed amendments with the Board
of Supervisors and your other clients, please let me know
immediately whether the proposed language is agreeable. If you
need any amendments or additions, I will attempt to accommodate
you. During the week of January 2, I intend to request one of our
delegation to the General Assembly to have the appropriate bill
drawn. Please call me next week so that we can discuss legislative
strategy.
With kindest personal regards, I am
Sincerel
yours,
Wilburn C. Dibling, Jr.
City Attorney
Paul M. Mahoney, Esquire
December 26, 1995
WCD/f
Enclosures
cc: W. Robert Herbert, City Manager
Kit B. Kiser, Director of Utilities and Operations
Stephen A. Mancuso, Manager, GRTC
Gary E. Tegenkamp, Assistant City Attorney
Page 2
§'58.1-1720. Sales tax on fuel in certain transportation districts.
A. There is hereby levied, in addition to all other taxes imposed
on fuels subject to tax under Chapter 21 (§58.1-2100 et seq.) of
this title, in every county or city which is a member of any
transportation district in which a rapid heavy rail commuter mass
transportation system operating on an exclusive right-of-way and a
bus commuter mass transportation system are owned, operated or
controlled, by an agency or a commission as defined in §15.1-1344,
ar in any transportation district which is subject to §15.1-
1357(b)(6) and which is contiguous to the Northern Virginia
Transportation District, or in any transportation district which
consists of a component city having a population of not less than
90,000 persons and not more than 100,000 ersons that owns,
operates or controls a bus mass transit system and any adjoining
county or city, a sales tax of two percent of the retail price of
such fuels sold within such county or city. As used in this
section "retail sale" means a sale to a consumer or to any person
for any purpose other than resale.
B. The tax imposed under this section shall be subject to the
piv413iGi'i3 vi the Viigiiaia detail aaleS aTtd lire Tali ACt ( §50 . i-~Ov
et seq.), except that the exemption provided for motor vehicle
fuels under §58.1-609.13, and the bracket system provided in such
act, shall not be applicable.
§58.1-1724. Disposition of tax revenues. All taxes paid to the
Commissioner pursuant to this article, after subtraction of the
direct costs of administration by the Department, shall be
deposited in a special fund entitled the "Special Fund Account of
the Transportation District of ......." The amounts deposited in
the special fund shall be distributed monthly to the applicable
transportation district commission of which the county or city is
a member to be applied to the operating deficit, capital and debt
service of the mass transit system of such district or, in the case
of a transportation district subject to the provisions of §15.1-
1357(b)(6) or, in the case of a transportation district which
consists of a component city having a population of not less than
90,000 persons and not more than 100,000 persons that owns,
operates or controls a bus mass transit system and any adjoining
county or city, to be applied to and expended ,for any
transportation purpose of such district. In the case of a
jurisdiction which, after July 1, 1989, joins a transportation
district which was established on or before January 1, 1986, and is
also subject to X15.1-1357(b)(6), the funds collected from that
j~.~risdicti o;, shall be applied to and expGr~ded for ary
transportation purpose of such jurisdiction. The direct costs of
administration shall be credited to the funds appropriated to the
Department.
~~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE
COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER.
ON JANUARY 2, 1996
RESOLUTION 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.
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.
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P.O. BOX 29800
5204 BERNARD DRIVE
MARY H. ALLEN, CMC ROANOKE, VIRGINIA 24018-0798
CLERK TO THE BOARD (703) 772-200rJ
FAX (703) 772-2193
January 3, 1996
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
George Allen
John S. Edwards
Malfourd W. "Bo" Trumbo
H. Morgan Griffith
C. Richard Cranwell
Clifton A. Woodrum
A. Victor Thomas
BRENDA J. HOLTON
DEPUTY CLERK
Dear Governor Allen, Senators Edwards, Trumbo and Congressmen
Griffith, Cranwell, Woodrum, and Thomas:
Attached is a certified copy of Resolution No. 010296-3
requesting the Virginia General Assembly to amend the Roanoke
County Charter. This resolution was adopted by the Board of
Supervisors at their meeting on Tuesday, January 2, 1996.
If you need further information, please do not hesitate to
contact me.
Sincerely,
~,
Mary H. Allen, CMC
Clerk to the Board of Supervisors
Attachment
cc: The Honorable Bruce F. Jamerson
The Honorable Donald S. Beyer
Clerk, Vinton Town Council
Clerk, Salem City Council
Clerk, Roanoke City Council
Clerk, Bedford County Board of Supervisors
Clerk, Botetourt County Board of Supervisors
Clerk, Craig County Board of Supervisors
Clerk, Floyd County Board of Supervisors
Clerk, Franklin County Board of Supervisors
Clerk, Montgomery County Board of Supervisors
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MARY H. ALLEN, CMC
CLERK TO THE BOARD
P.O. BOX 29800
5204 BERNARD DRIVE
ROANOKE, VIRGINIA 24018-0798
x703) 772-2005
FAX (703) 772-2193
January 3, 1996
Mr. James Garlick
605 Hemlock Drive
Salem, VA 24153
Dear Mr. Garlick:
BRENDA J. HOLTON
DEPUTY CLERK
At their organizational meeting on Tuesday, January 2, 1996,
the Roanoke County Board of Supervisors unanimously approved the
request of the Roanoke Moose Lodge #284 for a bingo permit for
calendar year 1996, effective through June 30, 1996. The bingo
games will be conducted at the location and on the dates specified
in your application.
The fee has been paid and your receipt is enclosed.
You may consider this letter to be your permit, and I suggest
it be displayed on the premises where the bingo games are to be
conducted. The State Code provides that raffle and bingo permits
be issued on a calendar-year basis; however, because of recent
legislative changes, this permit is only valid until June 30, 1996.
The new State legislation, effective July 1, 1996, vested the
Charitable Gaming Commission with control of all charitable gaming
in the Commonwealth, and repealed the authority for the County's
current ordinance regulating bingo and raffles. After July 1,
1996, you can contact the Commissioner of Revenue's office to
receive any information they may have about applying for raffle and
bingo permits under the new legislation.
If I may be of further assistance, please do not hesitate to
contact me at 772-2003.
Sincerely,
Mary H. Allen, CMC
Clerk to the Board of Supervisors
bjh
Enclosures
cc: Commissioner of the Revenue
Commonwealth Attorney
County Treasurer
C~o~txtt~ of ~~~x~~~e
® Recycled Paper
NOTICE OF PUBLIC HEARING
AMENDMENTS TO
ROANOKE COUNTY CHARTER
Pursuant to the provisions of Chapter 17 of Title 15.1 of the 1950 Code of Virginia, as
amended, and specifically Section 15.1-835, the Board of Supervisors of Roanoke County,
Virginia, hereby gives notice of a pubic hearing to be held on January 2,1996, at 9:00 a.m. at
the Roanoke County Administration Center, 5204 Bernard Drive ,Roanoke, Virginia, so that
the citizens of Roanoke County shall have an opportunity to comment upon the County's
request that the General Assembly amend its existing charter.
The text of the proposed charter amendment is as follows:
Section 18.10. Annexation. - No part of the territory of the county may be
annexed by any city or town unless the whole county be annexed. In such case
the county shall not be annexed until the question of annexation has been first
submitted to a referendum of the voters of the county and approved by a
majority of those voting thereon.
The Roanoke County Charter and a copy of the text of the proposed amendment are
available for public inspection in the office of the Clerk to the Board of Supervisors.
Paul M. Mahoney
Roanoke County Attorney
Please publish on December 22, 1995.
Please send bill to:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
P. O. Box 29800
Roanoke, VA 24018
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OFFICE OF THE COUNTY ATTORNEY
PAUL M. MAHONEY
COUNTY ATTORNEY
The Honorable Bo Trumbo
P. O. Box 448
Fincastle, VA 24090
Dear M ., rumbo:
JOSEPH B. OBENSHAIN
SENIOR ASSISTANT COUNTY ATTORNEY
VICKIE L. HUFFMAN
20 November 1995 ASSISTANT COUNTY ATTORNEY
On behalf of the Board of Supervisors of Roanoke County, Virginia, I would like to
invite you to meet briefly with the Board to discuss Roanoke County's legislative program
for the 1996 session of the Virginia General Assembly.
The Board realizes how busy your schedule is in advance of the session. Therefore,
we suggest a brief meeting, no longer than 30 - 45 minutes to discuss your views on the
upcoming General Assembly session and the County's legislative initiatives.
The Board of Supervisors will hold its organizational meeting on Tuesday, January
2, 1996 at 9:00 a.m. I propose that this legislative meeting begin at 9:15 a.m. after the
conclusion of the Board's organization meeting. My legal assistant, Sue Patterson-Bane,
will contact your office in the near future to determine if this date and time meets your
schedule.
Very truly yours,
Paul M. Mahoney
County Attorney
PMM/spb
cc: Board Reading File
Elmer C. Hodge
P.O. BOX 29800 • ROANOKE, VIRGINIA 24018-0798 (703) 772-2007
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PAUL M. MAHONEY
COUNTY ATTORNEY
~~
OFFICE OF THE COUNTY ATTORNEY
20 November 1995
The Honorable John S. Edwards
P. O. Box 1179
Roanoke, VA 24006
Dear Mr. Edwards:
JOSEPH B. OBENSHAIN
SENIOR ASSISTANT COUNTY ATTORNEY
VICKIE L. HUFFMAN
ASSISTANT COUNTY ATTORNEY
On behalf of the Board of Supervisors of Roanoke County, Virginia, I would like to
invite you to meet briefly with the Board to discuss Roanoke County's legislative program
for the 1996 session of the Virginia General Assembly.
The Board realizes how busy your schedule is in advance of the session. Therefore,
we suggest a brief meeting, no longer than 30 - 45 minutes to discuss your views on the
upcoming General Assembly session and the County's legislative initiatives.
The Board of Supervisors will hold its organizational meeting on Tuesday, January
2, 1996 at 9:00 a.m. I propose that this legislative meeting begin at 9:15 a.m. after the
conclusion of the Board's organization meeting. My legal assistant, Sue Patterson-Bane,
will contact your office in the near future to determine if this date and time meets your
schedule.
ery truly yours,
~~~
Paul M. Mahoney
County Attorney
PMM/spb
cc: Board Reading File
Elmer C. Hodge
P.O. BOX 29800 • ROANOKE, VIRGINIA 24018-0798 (703) 772-2007
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PAUL M. MAHONEY
COUNTY ATTORNEY
C~.~~xxt~ ~~ ~r~xxY~r.~.~
OFFICE OF THE COUNTY ATTORNEY
20 November 1995
The Honorable H. Morgan Griffith
P. O. Box 1250
Salem, VA 24153
Dear M~ Gr 'th:
JOSEPH B. OBENSHAIN
SENIOR ASSISTANT COUNTY ATTORNEY
VICKIE L. HUFFMAN
ASSISTANT COUNTY ATTORNEY
On behalf of the Board of Supervisors of Roanoke County, Virginia, I would like to
invite you to meet briefly with the Board to discuss Roanoke County's legislative program
for the 1996 session of the Virginia General Assembly.
The Board realizes how busy your schedule is in advance of the session. Therefore,
we suggest a brief meeting, no longer than 30 - 45 minutes to discuss your views on the
upcoming General Assembly session and the County's legislative initiatives.
The Board of Supervisors will hold its organizational meeting on Tuesday, January
2, 1996 at 9:00 a.m. I propose that this legislative meeting begin at 9:15 a.m. after the
conclusion of the Board's organization meeting. My legal assistant, Sue Patterson-Bane,
will contact your office in the near future to determine if this date and time meets your
schedule.
Ve truly , ours,
Paul M. Mahoney
County Attorney
PMM/spb
cc: Board Reading File
Elmer C. Hodge
P.O. BOX 29800 • ROANOKE, VIRGINIA 24018-0798 (703) 772-2007
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PAUL M. MAHONEY
COUNTY ATTORNEY
OFFICE OF THE COUNTY ATTORNEY
20 November 1995
The Honorable C. Richard Cranwell
P. O. Box 459
Vinton, VA 4179
Dear Mrs Cranwell:
JOSEPH B. OBENSHAIN
SENIOR ASSISTANT COUNTY ATTORNEY
VICKIE L. HUFFMAN
ASSISTANT COUNTY ATTORNEY
On behalf of the Board of Supervisors of Roanoke County, Virginia, I would like to
invite you to meet briefly with the Board to discuss Roanoke County's legislative program
for the 1996 session of the Virginia General Assembly.
The Board realizes how busy your schedule is in advance of the session. Therefore,
we suggest a brief meeting, no longer than 30 - 45 minutes to discuss your views on the
upcoming General Assembly session and the County's legislative initiatives.
The Board of Supervisors will hold its organizational meeting on Tuesday, January
2, 1996 at 9:00 a.m. I propose that this legislative meeting begin at 9:15 a.m. after the
conclusion of the Board's organization meeting. My legal assistant, Sue Patterson-Bane,
will contact your office in the near future to determine if this date and time meets your
schedule.
Very truly yours,
Paul M. Mahoney
County Attorney
PMM/spb
cc: Board Reading File
Elmer C. Hodge
P.O. BOX 29800 • ROANOKE, VIRGINIA 24018-0798 (703) 772-2007
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OFFICE OF THE COUNTY ATTORNEY
PAUL M. MAHONEY
COUNTY ATTORNEY
20 November 1995
The Honorable Chip Woodrum
P. O. Box 1371
Roanoke, VA 24007
Dear MC~oodrum:
JOSEPH B. OBENSHAIN
SENIOR ASSISTANT COUNTY ATTORNEY
VICKIE L. HUFFMAN
ASSISTANT COUNTY ATTORNEY
On behalf of the Board of Supervisors of Roanoke County, Virginia, I would like to
invite you to meet briefly with the Board to discuss Roanoke County's legislative program
for the 1996 session of the Virginia General Assembly.
The Board realizes how busy your schedule is in advance of the session. Therefore,
we suggest a brief meeting, no longer than 30 - 45 minutes to discuss your views on the
upcoming General Assembly session and the County's legislative initiatives.
The Board of Supervisors will hold its organizational meeting on Tuesday, January
2, 1996 at 9:00 a.m. I propose that this legislative meeting begin at 9:15 a.m. after the
conclusion of the Board's organization meeting. My legal assistant, Sue Patterson-Bane,
will contact your office in the near future to determine if this date and time meets your
schedule.
Very truly yours,
V~~
Paul M. Mahoney
County Attorney
PMM/spb
cc: Board Reading File
Elmer C. Hodge
P.O. BOX 29800 • ROANOKE, VIRGINIA 24018-0798 (703) 772-2007
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PAUL M. MAHONEY
COUNTY ATTORNEY
OFFICE OF THE COUNTY ATTORNEY
20 November 1995
The Honorable A. Victor Thomas
1301 Orange Avenue, NE
Roanoke, VA 24012
nJC
Dear Marc Thomas:
JOSEPH B. OBENSHAIN
SENIOR ASSISTANT COUNTY ATTORNEY
VICKIE L. HUFFMAN
ASSISTANT COUNTY ATTORNEY
On behalf of the Board of Supervisors of Roanoke County, Virginia, I would like to
invite you to meet briefly with the Board to discuss Roanoke County's legislative program
for the 1996 session of the Virginia General Assembly.
The Board realizes how busy your schedule is in advance of the session. Therefore,
we suggest a brief meeting, no longer than 30 - 45 minutes to discuss your views on the
upcoming General Assembly session and the County's legislative initiatives.
The Board of Supervisors will hold its organizational meeting on Tuesday, January
2, 1996 at 9:00 a.m. I propose that this legislative meeting begin at 9:15 a.m. after the
conclusion of the Board's organization meeting. My legal assistant, Sue Patterson-Bane,
will contact your office in the near future to determine if this date and time meets your
schedule.
Very truly yours,
,.
~~
Paul M. Mahoney
County Attorney
PMM/spb
cc: Board Reading File
Elmer C. Hodge
P.O. BOX 29800 • ROANOKE, VIRGINIA 24018-0798 (703) 772-2007
® Recycled Paper
M E M O R A N D U M
To: Mr. Paul M. Mahoney a ~))n
Y ~ '~
From: Elmer C. Hodge ~~
Date: December 1, 1995
Subject: Legislative Package
There is one item that I would like to add to our
legislative package if you and the Board members think it has
merit.
Can we put some life into our county charter by asking for
exemption from annexation by other localities? The Urban
Partnership effort is something we will continue to deal with.
The present immunity from annexation is up for reconsideration
in 1997.
Why do we not simply take advantage of our position as a
chartered county and ask the General Assembly to treat us as any
city or town? Chesterfield is the only other chartered county
in Virginia, and they may try to do the same thing.
To make it more palatable to the General Assembly, we could
qualify our request to indicate that we are willing to discuss
areas of mutual cooperation.
I would like to discuss this in executive session at the
next Board meeting.
ECH/meh
cc - Board of Supervisors
Mr. Fenton F. Harrison, Jr.
Ms. Mary H. Allen