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HomeMy WebLinkAbout3/24/1992 - Adopted Board RecordsACTION NO. A-32492-5 ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 24, 1992 AGENDA ITEM: Personal Property Tax Penalty Refund COUNTY ADMINISTRATOR'S COMMENTS: I believe that we were processing these properly before we changed in 1990. However, it is difficult to argue with the Attorney General's Office three times on the same issue. If the Board chooses to refund 1990 accounts, then we should to it properly. We should hire parttime staff for a few months to rework the records and notify those owners we can locate. Sometime we need to find a way to have those who fail to pay their taxes pay the cost of collecting them. Otherwise every one pays. The penalty as it now applies does not recover these costs in many cases. EXECUTIVE SUMMARY: This item is a request by a citizen and several Board members to refund certain personal property tax penalties. These penalties were imposed upon the failure to file in a timely fashion certain tangible personal property tax returns in 1990. This matter was previously before the Board in 1990, and is once again submitted to the Board for its consideration. BACKGROUND: In April, 1990 a dispute arose concerning the application of the late filing penalty for personal property tax returns. In July, 1990 the Board considered this matter and declined to take any further action on the request for a refund. In January, 1992 this matter was revisited by several Board members, and the County Attorney was directed to request the Attorney General for an opinion on this question. This dispute involves the calculation of penalties for late filing of tangible personal property returns in a prorating jurisdiction. SUMMARY OF INFORMATION: Section 58.1-3916 of the State Code authorizes a local governing body to impose penalties for the failure to file tangible personal property returns. No such penalty shall be greater than 10$ of the tax assessable on such return or $10.00, whichever is greater. In November, 1986 the County adopted an ordinance implementing proration for personal property, and imposed these penalties on failure to file such returns. At the time of the adoption of this ordinance staff provided the Board with several examples showing how the proration process would work. Each motor vehicle was assigned an individual billing number for record keeping and accountability, and each motor vehicle was treated as a separate return and tax bill for purposes of assessing taxes, penalties and interest. This approach was utilized since a taxpayer reserves the right to pay the tax on one vehicle, but not on another; and since the taxpayer may add or delete motor vehicles during the course of the year. Penalties for late filing and non-payment of tax were assessed per vehicle. This method of penalty assessment triggered the pending challenge for vehicles with a tax assessment of less than $100.00 since the minimum $10.00 penalty exceeded the ten (10%) percent penalty assessment. This process was challenged in 1990. After several months of discussion the challenger enlisted Mr. Agee to request an Attor- ney's General Opinion. This opinion concluded that a locality could not levy the alternative $10.00 penalty against each item of personal property listed on a return of tangible personal property. The Board was once again requested to direct the refund of these penalties. In January, 1992 the County Attorney was directed to request an opinion from the Attorney General on this matter. On March 12, 1992 the Senior Assistant Attorney General responded that they respectfully decline to alter the conclusion of the former opinion. This response further stated that the former opinion did not address the question of refunds, nor suggest that refunds are due. The question of refunds must be determined on a case-by-case basis by the taxing authority or a court of competent jurisdiction. If the Board determines that certain penalties were erroneously paid, it may adopt an ordinance authorizing refunds, in the manner and subject to the limits described in Sec. 58.1-3990. FISCAL IMPACTS: $11,300 is the estimated amount of refunds for tax year 1990. The County does not have computerized data for prior tax years. Sec. 58.1-3516 states that "no refund of less than five dollars shall be issued to a taxpayer, unless specifically requested by the taxpayer." The County has approximately 40,000 personal property taxpayers; 5595 were assessed a late filing penalty; approximately 1350 of these taxpayers may be affected by the challenged method of assessing late filing penalties; and approximately 880 taxpayers 3- q could receive refunds greater than $5.00. Staff estimates that 1.5 additional employees would be required in the Treasurer's Office, Commissioner of the Revenue's Office and the Finance Office to review and verify the records and prepare appropriate refunds. Beyond these personnel costs staff has no estimate for administra- tive overhead costs (postage, envelopes, correspondence, etc.). Sec. 58.1-3990 provides that no refund shall be "made more than three years after the last day of the tax year for which such taxes were assessed ...". ALTERNATIVES: The Board has three alternatives to address this matter. 1) Decline to take any action, and allow the challenger(s) to petition a court of competent jurisdiction to decide the issue. 2) Direct staff to prepare an appropriate ordinance to provide for refunds to all taxpayers for the tax years in question. 3) Direct staff to prepare an appropriate ordinance to provide for refunds to those taxpayers who petition for a refund. Respectfully submitted, (yam -0. OALN42� Paul M. Mahoney County Attorney Action Vote No Yes Abs Approved (X) Motion by Harry C. Nickens Eddy X Denied ( ) to approve Alternative #3 Johnson X Received ( ) Referred to e:\wp51\p8enda\5ene+a\pe+prop•rpc cc: File Paul M. Mahoney, County Attorney R. Wayne Compton, Commissioner of Revenue Alfred C. Anderson, Treasurer Diane Hyatt, Director, Finance Kohinke Nickens Minnnix X X X ACTION NO. A-32492-6 ITEM NO. 0-15 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 24, 1992 AGENDA ITEM: Authorization to Pay Certain Legal Fees COUNTY ADMINISTRATOR'S COMMENTS:-5� l a pro c.�1 J EXECUTIVE SUMMARY: The County agreed to share with the Town of Vinton the legal expenses for the litigation with Grumman Emergency Products Inc. over the defective ladder on the aerial fire truck. BACKGROUND• In November of 1991, the Board agreed to join with the Town of Vinton in legal action against Grumman Emergency Products, Inc. and other possible defendants over the defective ladder on the aerial fire truck which the County had jointly funded with the Town. Since this vehicle is titled to the Town of Vinton it was agreed that the Town Attorney should handle this litigation. On February 11, 1992, the Board authorized the payment of $1,151.95 for this purpose. Attached you will find a copy of the billing statement from the Town of Vinton in the amount of $1,437.59. It is anticipated that future billings shall occur on a regular basis in the future. FISCAL IMPACTS• $1,437.59 at this time, plus future billings. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors authorize the payment of this invoice from the Board's contingency fund. It is further recommended that all future billings for this matter be paid from the Board's contingency fund. 1 cc: Respectfully submitted, _ l Paul M. Mahoney County Attorney Action Approved (x) Motion by Bob L. Johnson to Eddy ( ) approve payment and bring back Johnson Received ( ) estimated future legal fees, Kohinke Referred amended by Harry C. Nickens to Nickens to add this item to Consent Agenda Minnix cc: and include in 1992-93 budget if costs continue beyond June 30, 1992 Reta Busher c:\w7s»sna. ra File Paul M. Mahoney, County Attorney Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget 2 3-5 Vote No Yes Abs x x x x x TOWN OF VINTON P. 0. BOX 338 VINTON, VIRGINIA 24179 PHONE 1703) 983-0608 FAX (703)983-0621 March 10, 1992 TO: Joe Obenchain, Senior Assistant County Attorney County of Roanoke POB 29800 Roanoke, VA 24018-0798 STATEMENT Statement From Natkin, Heslep, Siegel and Natkin, PC For Professional Services Rendered Regarding Litigation With Grumman Aircraft Company March 2, 1992 Statement -- $2,875.17 Fifty Percent (50%) Due From Roanoke County To Town of Vinton DUE UPON RECEIPT - MAKE CHECK PAYABLE TO: TOWN OF VINTON CC: Diane D. Hyatt ILL MAR 1 2 1992 ------------------------- JOAN B. FURBISH FINANCE DIRECTORfrREASURER $1,437.59 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1992 RESOLUTION 32492-7 APPROVING THE SECONDARY ROAD SYSTEM SIX-YEAR CONSTRUCTION PLAN FOR FISCAL YEAR 1992-98 WHEREAS, a public hearing was held on February 25, 1992, to receive comments on the Secondary Road System Six Year Construction Plan for Roanoke County for Fiscal Year 1992-98; and WHEREAS, The Board does hereby approve the Secondary Road System Six Year Construction Plan for Roanoke County for Fiscal Year 1992-98 as set out on the attached construction program estimated allocations. NOW, THEREFORE, BE IT RESOLVED that a copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office along with a duly attested copy of the proposed Secondary Road System Six Year Construction Plan for Roanoke County for Fiscal Year 1992-98 by the Clerk to the Board. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None A COPY TESTE: Al Mary H. 211len, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Steve Buston, Acting Resident Engineer, Virginia Department of Transportation AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1992 RESOLUTION 32492-8 REQUESTING THE GOVERNOR TO VETO SENATE BILL 270 WHEREAS, the 1992 session of the Virginia General Assembly adopted Senate Bill 270; and WHEREAS, Senate Bill 270 proposes to change existing law with respect to subdivision plats and approved final site plans by allowing those documents to remain valid for five years and therefore not subject to any change in local ordinance, map, resolution, rule, regulation, policy, or plan adopted by the local governing body during that period; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia is seriously concerned about the potentially disruptive policy effects this legislation could have upon land use and developmental practices in Roanoke County. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that the County Attorney is hereby directed to communicate the Board's concerns with respect to Senate Bill 270 to the Honorable Douglas Wilder, Governor, Commonwealth of Virginia. 2. That the Board hereby requests the Governor of the Commonwealth of Virginia to veto Senate Bill 270. 3. That a copy of this resolution be forwarded to the Governor and to the members of the Roanoke Valley legislative delegation by the Clerk to the Board of Supervisors. 1 s i On motion of Supervisor Eddy, amended by Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None A COPY TESTE: /�2L�r�fi �• n/ Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File The Honorable L. Douglas Wilder, Governor The Honorable Brandon Bell, Virginia Senate The Honorable Malfound "Bo" Trumbo, Virginia Senate The Honorable C. Richard Cranwell, Virginia House The Honorable Clifton A. Woodrum, Virginia House The Honorable A. Victor Thomas, Virginia House The Honorable G. Steven Agee, Virginia House Paul M. Mahoney, County Attorney 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1992 ORDINANCE 32492-9 AUTHORIZING THE CONVEYANCE OF A WELL LOT LOCATED IN THE WOODLANDS SUBDIVISION OF ROANOKE COUNTY TO RANDY S. PETERS WHEREAS, the County has ceased to use the well located on a certain well lot and the subject parcel will no longer be used for this specified purpose; and WHEREAS, the County has received an offer to purchase this well lot for a price that reflects the fair market value of the property. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of § 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on March 10, 1992; a second reading was held on March 24, 1992; and 2. That pursuant to the provisions of § 16.01 of the Charter of Roanoke County, the remaining rights in the subject parcel of real estate are hereby declared to be surplus and the condition applicable to the property renders it unacceptable and unavailable for other public uses; and 3. That the offer of One Thousand Dollars ($1,000) from Randy S. Peters for this well lot is hereby accepted and all other offers, if any, are rejected. 01 4. That the sale and conveyance of the subject parcel, described as a well lot located in the Woodlands Subdivision (Tax Map No. 26.20-2-55) of Roanoke County, Virginia, to Randy S. Peters is hereby authorized. That the proceeds from the sale of this well lot shall be paid into the capital facility account of the Utility Fund. 5. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None A COPY TESTE: 0-"P� Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Clifford Craig, Director, Utility John Willey, Director, Real Estate Assessment Paul Mahoney, County Attorney Diane H. Hyatt, Director, Finance AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1992 RESOLUTION 32492-10 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for March 24, 1992, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6, inclusive, as follows: 1. Approval of Minutes - February 11, 1992, February 25, 1992. 2. Confirmation of Committee Appointments to the Building Code Board of Adjustments and Appeals. 3. Request for Approval of a Raffle Permit from the Roanoke Academy of Medicine Auxiliary. 4. Request for Approval of a Raffle Permit from the Mason's Cove Civic Club. 5. Request for Acceptance of Cavalier Drive, Sulgrave Road, Trinity Court and Wimbledon Court into the Virginia Department of Transportation Secondary System. 6. Acknowledgement from the Virginia Department of Transportation of the acceptance of 0.24 miles of Valleypointe Parkway. 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 to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: me g *. Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections ACTION NO. A -32492-10.a ITEM NUMBER /� o AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 24, 1992 AGENDA ITEM: Confirmation of Committee Appointments to the Building Code Board of Adjustments and Appeals COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At the March 10, 1992 meeting, the Board of Supervisors made the following nominations: Building Code Board of Adiustments and Appeals Supervisor Johnson nominated Robert A. Williamson for another four- year term which will expire April 13, 1996. Supervisor Eddy nominated Larry Lester for a four-year term which will expire April 27, 1996. Supervisor Eddy nominated Richard E. Evans as an alternate member to complete the unexpired four-year term of Larry Lester. This term will expire July 25, 1994. STAFF RECOMMENDATION: It is recommended that the above nominations be confirmed by the Board of Supervisors. Mary H. Allen Elmer C. Hodge Clerk to the Board County Administrator ----------------------------------------------------------- ACTION VOTE Approved (K) Motion by: Bob L. Johnson No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Building Code Board of Adjustments & Appeals ACTION NO. A -32492-10.b ITEM NUMBER K— 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 24, 1992 AGENDA ITEM: Request for approval of a Raffle Permit from the Roanoke Academy of Medicine Auxiliary COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke Academy of Medicine Auxiliary has requested a permit to hold a raffle in Roanoke County on May 26, 1992. This application has been reviewed with the Commissioner of Revenue and he recommends that it be approved. The application is on file in the Clerk's Office. The organization has paid the $25.00 fee. STAFF RECOMMENDATION: It is recommended that the application from Roanoke Academy of Medicine Auxiliary for a Raffle Permit be approved. SUBMITTED BY: Mary H. A n Clerk to the Board APPROVED BY: �, 0. Elmer C. Hodge County Administrator -------------------------------------------- ACTION Approved ( Motion by: Rnh T._ Tnhnc;nn Denied ( ) Received ( ) Referred ( ) To ( ) cc: File Bingo/Raffle File ------------------- VOTE No Yes Abs Eddy x Johnson x Kohinke x Minnix x Nickens x AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1992 RESOLUTION 32492-10.d REQUESTING ACCEPTANCE OF CAVALIER DRIVE, SULGRAVE ROAD, TRINITY COURT AND WIMBLEDON COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of 0.31 miles of Cavalier Drive from the intersection of Salisbury Drive (Route 2002) to the intersection of Two Ford Road (Route 680), 0.06 miles of Sulgrave Road from the intersection of Cavalier Drive (Route 1799) to the intersection of Trinity Court (Route 4177), 0.09 miles of Trinity Court from the intersection of Sulgrave Road (Route 4178) to the cul-de-sac and 0.08 miles of Wimbledon Court from the intersection of Cavalier Drive to the cul-de-sac to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said roads has heretofore been dedicated by virtue of certain maps known as SteepleHunt of Canterbury Park, Section 6 and SteepleHunt of Canterbury Park, Section 8 Subdivision which maps were recorded in Plat Book 11, Page 75 and Plat Book 12, Page 43, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on December 16, 1988, and December 4, 1989 and that by reason of the recordation of said maps no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and a right-of-way for the street. 3. That said roads known as Cavalier Drive, Sulgrave Road, Trinity Court and Wimbledon Court and which are shown on a certain sketch accompanying this Resolution, be, and the same are hereby established as public roads to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said streets or highways by the Virginia Department of Transportation. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Steve Buston, Acting Resident Engineer, Virginia Department of Transportation ACTION NO. A -32492-1/0.e 49 ITEM NUMBER /� -' 6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 24, 1992 AGENDA ITEM: Acceptance of Valleypointe Parkway into the Secondary System by the Virginia Department of Transportation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County has received acknowledgement that the following road has been accepted into the Secondary System by the Virginia Department of Transportation effective February 7, 1992. Valleypointe 0.17 miles of Valleypointe Parkway (Route 1947 Respectfully submitted, Mary H. 91len Clerk Approved by, 01A Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bob L. Johnson No Yes Abs Denied ( ) Received ( ) Referred ( ) To ( ) Eddy x Johnson x Kohinke x Minnix ,x Nickens x cc: File Arnold Covey, Director, Engineering & Inspections AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 24, 1992 ORDINANCE 32492-11 TO CHANGE THE ZONING CLASSIFICATION OF A 1.0 ACRE TRACT OF REAL ESTATE LOCATED AT 2965 WASHINGTON AVENUE (TAX MAP NO. 61.12-1-27) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-3 TO THE ZONING CLASSIFICATION OF B-2 WITH CONDITIONS UPON THE APPLICATION OF HENRY MORGAN WHEREAS, the first reading of this ordinance was held on February 25, 1992, and the second reading and public hearing was held March 24, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on March 3, 1992; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 1.0 acre, as described herein, and located at 2965 Washington Avenue, (Tax Map Number 61.12-1-27) in the Vinton Magisterial District, is hereby changed from the zoning classification of B-3, Special Commerical District, to the zoning classification of B-2, General Commercial District. 2. That this action is taken upon the application of Henry Morgan. 3. That the Owners, Kent E. Marsh and Gail C. Marsh, have voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: (a) Recreational vehicles and campers for sale, inoperative truck, old tires, and trash on the site shall be removed prior to issuance of certificate of occupancy and business license. (b) Type D, Option 2 screening and buffering along the rear property line of the site. (c) The pet-Alener shai! reduee the parking to 14 spaesr In addition, the petitioner shall provide interior landscaping on a minimum of 10 percent of the remaining graveled lot. (d) All on-site lighting shall be focused on the interior of the site so that it does not impact adjoining properties. (e) Any expansions to the existing buildings or any new construction on the site shall be limited to 40 feet in height. 4. That said real estate is more fully described as follows: BEGINNING at an iron pin on the south right-of-way line of the Stewartsville Road to a corner lot formerly owned by H. G. Jacobs; thence leaving the said road and with said Jacobs' lot 17 1/2 deg. E. 207 feet to a pin; thence leaving Jacobs' lot S. 76 1/2 deg. W. 224 feet to a pin; thence N. 14 1/2 deg. W. 185 feet to a pin on the south right-of-way line of said road and with the same N. 70 1/4 deg. E. 214 feet to the place of beginning and containing 1.0 acre, more or less. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Nickens to adopt the ordinance, amending proffers to delete the first sentence in Item 3 (c), and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None A COPY TESTE: Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors Arnold Covey, Director, Engineering & Inspections Terry Harrington, Director, Planning & Zoning John Willey, Director, Real Estate Assessment Paul Mahoney, County Attorney AT A SPECIAL MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1992 RESOLUTION 32492-12 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. On motion of Supervisor Johnson, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors CC: File Executive Session File r ACTION NO. A-32492-4 ITEM NUMBER - 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 24, 1992 AGENDA ITEM: Implementation of a Mutual Assistance Agreement with the Roanoke County Police Department and the City of Salem Police Department. COUNTY ADMINISTRATOR'S COMMENTS:G EXECUTIVE SUMMARY• Review and authorize the use of a Mutual Assistance Agreement prepared by the administrative staff of the Roanoke County Police Department. BACKGROUND• The Code of Virginia provides for the creation and implementation of mutual assistance agreements (19.2-250, 19.2-77, 15.1-131, 15.1-131.5). Without such agreements, the arrest powers and law enforcement capabilities of police officers is adversely restricted. The need for our department to enter into Mutual Assistance Agreements has been advocated by: 1. The Department of Criminal Justice Services; 2. The Commission on Accreditation of Law Enforcement Agencies; 3. Mr. Patrick Gallagher, a consultant with the Institute of Liability Management. SUMMARY OF INFORMATION: Mutual Assistance agreements should be reached among law enforcement agencies in adjoining jurisdictions or at a minimum with agencies within our jurisdiction to provide assistance to each other in the event of natural disaster, mass disorder, or other emergency situations. It is conscientious on the part of management to establish lines of command prior to an actual emergency taking place. 1)-3 Emergency situations often require augmented law enforcement capabilities to restore order and assist victims. A cooperative agreement between Roanoke County and the City of Salem will allow for quick and efficient augmentation of resources. The agreement describes provisions for the indemnification of the provider agency and its personnel (i.e., life, health, and liability insurance) and would include a list of resources to be shared. The agreement stipulates provisions for maintaining adequate law enforcement services within the service area of the provider agency when its personnel and/or other resources are sent elsewhere to provide aid. FISCAL IMPACT• The modest cost involved (mostly administrative) is underscored by increased in service capability, legal protection under State Code, and an improved working relationship between Roanoke County and the City of Salem. STAFF RECOMMENDATION: Staff recommends that the County Administrator be authorized to execute a Mutual Assistance Agreement with the City of Salem Police Department after the agreement has been reviewed by the County Attorney. The initial stages of the process have been accomplished by Chief Cease, of the Roanoke County Police Department, and Chief Haskins, of the City of Salem Police Department. The agreement will be revised annually and reviewed periodically by members of both agencies throughout the year. Staff would recommend that immediate consideration be given to the Mutual Assistance Agreement. SUBMITTED BY: APPROVED: n H. Cease Elmer C. Hodge, Jr. hief of Police County Administrator ACTION Approved (x) Denied ( ) Received ( ) Referred To VOTE Motion by: Harm r- Ni r•kpnc to apprnvc cc: File John H. Cease, Chief of Police No Yes Abs Eddy X Johnson X Kohinke X Minnix X Nickens _X :!) -3 MUTUAL ASSISTANCE AGROHMENT This agreement made and entered into by and between the City of Salem and the County of Roanoke, Virginia. Whereas, the law of the Commonwealth of Virginia provides under 15.1-131 and 15.1- 131.5 of the Code of Virginia that each political subdivision within the Commonwealth is empowered to make and enter into the Mutual Aid Agreement with other contiguous political subdivisions within the Commonwealth in order to more effectively allocate law enforcement and other public safety services during emergency situations; and Whereas, the undersigned political subdivisions which are parties to this Agreement are desirous of obtaining additional law enforcement protection for the citizens of the several political subdivisions during emergency situations by making the most efficient use possible of the law enforcement personnel of the several political subdivisions; and Whereas, it is desirable that each of the parties hereto should voluntarily aid and assist each other in the event that an emergency situation should occur, by the interchange of law enforcement services; and Whereas, it is necessary and desirable that a Mutual Aid Agreement be executed for the interchange of such mutual aid on a local, county -wide, and regional basis; Now, therefore, it is hereby agreed by and between each and all of the parties hereto as follows: 1) As used herein, the phrase "emergency situation" shall mean an actual or potential condition within the jurisdiction of one or more of the parties that poses an immediate threat to life or property, and which exceeds the resources a-3 and capability of the jurisdiction(s) to successfully bring the situation under control. 2) Each party agrees that in the event of an emergency situation, each other party to this Agreement will furnish such personnel, equipment, facilities, or services as is, in the opinion of the assisting member, available. Provided, however, that each party reserves the right to refuse to render assistance or to recall any or all rendered assistance, whenever it is determined that such actions are necessary to the continued protection of the assisting party's jurisdiction. 3) The following officers shall have the authority to invoke this agreement: City of Salem Police Department a. Chief of Police; b. Captain of Police; C. Detective Division Commander; d. Services Division Commander; and e. On -Duty Shift Supervisor. Roanoke County Police Department a. Chief of Police; b. Uniform Division Commander; C. Criminal Investigations Division Commander; d. Services Division Commander; e. On -Duty Shift Supervisor. 2 f Each party shall provide each other with a updated list semiannually, specifying the name, position and telephone number of the above officials. 4) In order to invoke mutual aid under the provision of this Agreement, the designated official from the requesting party shall be required to contact the designated official of the responding party by telephone, radio, in writing, in person, or by any other traditionally acceptable means of police communications. The responding party may request such information from the requesting party as is necessary to confirm the emergency situation, and to assess the types and amounts of assistance that shall be provided. 5) During a declared emergency, all personnel from responding agencies shall report to, and shall work under, the direction and supervision of the designated supervisor of the requesting agency at the emergency site. Provided, however, that at all times officers shall adhere to the policies and procedures of their own department, and shall only be required to respond to lawful orders. Each party reserves the right to refuse to render assistance or to recall any or all assigned officers, whenever it is determined that such assistance would necessitate violations of their own departmental policies and procedures or it is unlawful. 6) Personnel responding to a call for mutual aid outside of their appointed jurisdiction shall have those law enforcement powers provided for by the Commonwealth of Virginia. 7) In the event of a mutual aid request involving actual or potential mass arrests, C s J--) -3 responding party law enforcement officers shall make arrests for offenses only directly related to the incident, and assist in the processing of arrestees as follows: a. identification of arrestees; b. control of property obtained from arrestees; C. completion of arrest reports; d. transportation of arrestees; e. complete proper arrest warrant and prosecutorial procedures; and L court duty pertaining to arrests. 8) In any emergency situation in which the Mutual Aid Agreement has been invoked, radio communications shall be established between both parties. 9) Each party providing personnel under the purview of this Agreement agrees to be responsible for the wages, pension, and workers' compensation benefits incurred by it's own personnel as a result of the emergency. However, a party invoking the Mutual Aid Agreement may be charged with personnel overtime costs. 10) Each party shall be responsible for maintaining and providing to each other on a semi-annual basis, from the date of both parties signing the agreement, an accurate account of available resources including, but not limited to, available personnel per shift, equipment, and specialized units. 11) Both parties shall develop and update on a regular basis a plan providing for the effective mobilization of all its resources and facilities to cope with any ►,I f V 3 type of emergency situation or unusual occurrence. 12) Mutual aid operational directives shall be developed and updated on a regular basis by the parties hereto, and are operative between the parties in accordance with the provisions of such directives. 13) Both parties agree to meet on a semi-annual basis to review all mutual aid plans and the provisions of this Agreement. 14) This agreement shall become effective as to each party political subdivision when approved and executed by the governing body of that political subdivision. The Agreement shall remain in effect as between both parties until it is terminated by either party. Either party to this Agreement may terminate participation upon thirty days written notice addressed to the chief law enforcement official of the other signatory political subdivision. 15) The execution of this Agreement shall not give rise to any liability or responsibility for failure to respond to any request for assistance made pursuant to this Agreement. This Agreement shall not be construed as or deemed to be an Agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action whatsoever hereunder for any cause whatsoever. 16) Both parties of this agreement shall: (1) waive any and all claims against all the other parties thereto which may arise out of their activities outside their perspective jurisdictions under this agreement; and (2) indemnify and save harmless the other parties to this agreement from all claims by third parties W y -3 for property damage or personal injury which may arise out of the activities of the other parties to this agreements outside their perspective jurisdictions under this agreement. In witness whereof, this Agreement has been executed and approved and is effective and operative as to each of the parties as herein provided. ATTEST: Forest G. Jones Clerk of Council CITY OF SALEM, VIRGINIA James E. Taliaferro City Mayor Approved as to form: Randolph M. Smith City Manager COUNTY OF ROANOKE N Elmer C. Hodge County Administrator Approved as to form: Paul M. Mahoney County Attorney ATTEST: Clerk, Board of Supervisors . D/ -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1992 RESOLUTION 32491-1 OF APPRECIATION TO JOHN R. HUBBARD FOR SERVICE TO ROANOKE COUNTY AND CONGRATULATIONS ON HIS NEW POSITION WHEREAS, John R. Hubbard has worked for Roanoke County since 1977, when he obtained the position of Director of Engineering for the Public Service Authority; and WHEREAS, since that time, Mr. Hubbard has held the positions of Director of Engineering and Administration, Superintendent of Public Facilities and Assistant County Administrator; and WHEREAS, Mr. Hubbard has been responsible for a variety of major projects which will serve Roanoke County into the 21st Century; among them the Smith Gap Landfill, and the County's water supply; and WHEREAS, Mr. Hubbard has consistently worked with the citizens of the County to plan and improve those projects through organizations such as the Citizens Landfill Advisory Committee which received numerous awards; and WHEREAS, Mr. Hubbard has now accepted the position of Chief Executive Officer of the Roanoke Valley Resource Authority, where he will be responsible for the construction and operation of the regional Smith Gap Landfill. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf, and on behalf of the citizens and staff of Roanoke County, does hereby express appreciation to JOHN R. HUBBARD for his many years of dedication and service to Roanoke County; and FURTHER, BE IT RESOLVED, that the Roanoke County Board of Supervisors extends its sincere congratulations to Mr. Hubbard on his new position as Chief Executive Officer of the Roanoke Valley Resource Authority. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Resolutions of Appreciation File D. Keith Cook, Director, Human Resources AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1992 RESOLUTION 32492-2 OF SUPPORT FOR CONTINUATION OF THE COMMONWEALTH GAMES IN THE ROANOKE VALLEY HOSTED BY VIRGINIA AMATEUR SPORTS WHEREAS, the governing bodies of the Roanoke Valley are interested in the economic well-being of its citizenry and the community at large; and WHEREAS, the Commonwealth of Virginia has encouraged Southwestern Virginia to initiate its own means of economic development; and WHEREAS, the Virginia Amateur Sports has created a festival of games (named the Commonwealth Games of Virginia), which has been sanctioned by the National Congress of State Games and the Governor of the Commonwealth of Virginia; and WHEREAS, the Commonwealth Games of Virginia brings approximately 4.5 million dollars in economic impact to the Roanoke Valley and surrounding areas. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That the Board of Supervisors of Roanoke County, Virginia, encourages our local and state legislators to designate the Roanoke Valley as the permanent site for the Commonwealth Games of Virginia, and that this program of economic development initiated by our community remain in our community; and 2. That the Roanoke County Board of Supervisors supports Virginia Amateur Sports continuing to serve as the solely designated group to organize and conduct the Commonwealth Games of Virginia; and 3. That the Chairman of the Board is authorized to execute the appropriate documents with the other Valley jurisdictions, evidencing County support for the Commonwealth Games continuing in the Roanoke Valley; and 4. That the Clerk to the Board is directed to forward attested copies of this resolution to the Honorable L. Douglas Wilder, Governor, Commonwealth of Virginia, and the Roanoke Valley legislators in the General Assembly. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None A COPY TESTE: Mary H. llen, Clerk Roanoke County Board of Supervisors cc: File The Honorable L. Douglas Wilder, Governor The Honorable Brandon Bell, Virginia Senate The Honorable Malfound "Bo" Trumbo, Virginia Senate The Honorable C. Richard Cranwell, Virginia House The Honorable Clifton A. Woodrum, Virginia House The Honorable A. Victor Thomas, Virginia House The Honorable G. Steven Agee, Virginia House Mary F. Parker, Clerk, Roanoke City Council Forest Jones, Clerk, Salem City Council Carolyn Ross, Clerk, Vinton Town Council John Chambliss, Assistant County Administrator Kenneth C. King, Jr., Virginia Amateur Sports, Chairman AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 24, 1992 RESOLUTION 32492-3 OF SUPPORT FOR ROANOKE VALLEY CONVENTION AND VISITORS BUREAU APPLICATION FOR VIRGINIA TOURISM ACCREDITATION PROGRAM. WHEREAS, the governing body of Roanoke County is interested in the economic well-being of its citizenry and the community at large; and WHEREAS, the governing body is prepared to support appropriate efforts within the community to become totally prepared to promote tourism and related economic development; and WHEREAS, the Virginia Department of Economic Development, through its Tourism Development Group, is offering a program which is specifically designed to assist Virginia communities to become better prepared for tourism and related economic development; and WHEREAS, this program is entitled the VIRGINIA TOURISM ACCREDITATION PROGRAM; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors that our community, Roanoke County, wishes to participate in the VIRGINIA TOURISM ACCREDITATION PROGRAM, and that the leadership of this community is fully cognizant that the aforesaid program requires dedicated effort; and BE IT FURTHER RESOLVED, that by entering the aforesaid program, we are pledging our best and honest efforts to achieve designation as a Virginia "Accredited" Community; and BE IT FURTHER RESOLVED, that the aforesaid program requires either the existence or formation of a Tourism Promotion Organization which will be charged with the responsibility of completing the requirements of the aforesaid program, and that this governing body hereby designates the Roanoke Valley Convention and Visitors Bureau as representing this community for the purpose of participating in this program. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None A COPY TESTE: /. azzx--, Mary H. Alen, Clerk Roanoke County Board of Supervisors cc: File Timothy W. Gubala, Director, Economic Development Martha Mackey, Roanoke Valley Convention & Visitors Bureau