1/2/1996 - Special
January 2, 1996
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Roanoke County Board of Supervisors
Roanoke County Administration Center
5204 Bernard Drive S. w.
Roanoke, Virginia 24018
January 2, 1996
The Roanoke County Board of Supervisors of Roanoke
County, Virginia, met this day at the Roanoke County Administration
Center, this being the organizational meeting and the 2nd day of
January, 1996.
IN RE:
CALL TO ORDER
Chairman Minnix called the meeting to order at 9:06 a.m. The
roll call was taken.
MEMBERS PRESENT:
Chairman H. Odell Minnix, Supervisors Lee B.
Eddy, Fenton F. Harrison, Bob L. Johnson,
Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk
to the Board; John M. Chambliss, Assistant
County Administrator, Don C. Myers, Assistant
County Administrator
IN RE:
OPENING CEREMONIES
The invocation was given by Supervisor Harry C. Nickens. The
Pledge of Allegiance was recited by all present.
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January 2, 1996
IN RE:
OLD BUSINESS
~ Approval of Binqo Permit for the Moose Lodqe #284
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A-010296-1
Chairman Minnix advised that he and Commissioner of the
Revenue Wayne Compton had met with John Huddleston from the Moose
Lodge to discuss irregularities with their use of funds raised from
Bingo. They were informed that the Moose Lodge has reorganized
their staff and their books to insure that profits from Bingo are
being used properly. They will comply with the Bingo ordinance and
appropriate the correct percentage of funds to charity. Supervisor
Minnix and Mr. Compton felt that they can now recommend approval of
the permit and they will meet with the Moose Lodge in 30 days to
review their records.
Supervisor Nickens moved to approve the Bingo permit of the
Moose Lodge #284 until July 1, 1996. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, Harrison, Eddy, Nickens, Minnix
NAYS: None
IN RE:
ORGANIZATION OF COUNTY BOARD
~ Election of Officers
~ Chairman and Vice chairman
Supervisor Nickens moved to elect Supervisor Johnson to
serve as Chairman. The motion was carried by the following
recorded vote:
AYES:
Supervisors Johnson, Harrison, Eddy, Nickens, Minnix.
Jammry 2, 1996
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NAYS:
None
Chairman Johnson reflected upon the ten years that he has
served on the Board of Supervisors and highlighted special projects
such as the establishment of the Regional Airport Commission, the
completion of the regional landfill, and creation of the Police
Department; becoming the second charter county in Virginia;
purchase of a new administration center and School Board offices;
the sesquicentennial and All-America City celebrations and the
completion of Spring Hollow Reservoir project, the largest capital
improvement in the County's history.
Supervisor Harrison moved to elect Supervisor Nickens to
serve as Vice Chairman. The motion was carried by the following
recorded vote:
AYES:
Supervisors Minnix, Harrison, Eddy, Nickens, Johnson.
NAYS:
None
~ Lenqth of Term for Chairman and Vice Chairman
Supervisor Eddy moved that terms of the chairman and vice
chairman shall run from January 2, 1996, to the organizational
meeting on January 2, 1997. The motion carried by the following
recorded vote:
AYES:
Supervisors Minnix, Harrison, Eddy, Nickens, Johnson.
NAYS:
None
~ Resolution establishinq Bvlaws, Rules of Order and
Schedule for Board Meetinqs in 1996.
R-010296-2
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January 2, 1996
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Supervisor Eddy suggested that there should be two
meetings in August and two meetings in December and that the
meeting in November be held on the 3rd Tuesday. There was general
agreement with his suggestions.
Supervisor Johnson moved to adopt the prepared resolution
amended to include two meetings in August (13 and 27), one meeting
in November (19) and two meetings in December (3 and 17). The
motion carried by the following recorded vote:
AYES:
Supervisors Minnix, Harrison, Eddy, Nickens, Johnson.
NAYS:
None
RESOLUTION 010296-2 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.
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January 2, 1996
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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.
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
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January 2, 1996
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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:
AYES: Supervisors Minnix, Harrison, Eddy, Nickens, Johnson
NAYS: None
IN RE:
PUBLIC HEARING
~ PUblic Hearinq for citizen comment on a Þroposed
amendment to the Roanoke County Charter, Section
18.10 concerninq annexation: No part of the
territory of the county may be annexed bv any city
or town unless the whole county be annexed, and the
question of annexation shall first be submitted to
a referendum and approved bv a maioritv of citizens
votinq (Paul M. Mahonev, County Attornev>
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January 2, 1996
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Mr. Mahoney explained that the charter amendment is
being considered because of hints and threats of annexation by the
Town of Vinton and the Urban Partnership's report on recommending
changes to the structure of local governments. The proposed
charter amendment would prohibit any territory of the County to"be
annexed by any city or town unless the whole county was annexed and
the issue must first be brought to the voters by a referendum.
Clay Goodman, Vinton Town Manager, spoke in opposition to
the amendment because of the potential negative affect to the Town
of Vinton and all towns in the state. He also advised that the
vinton Town Council was not informed in advance that this issue
would be brought to the Board at this meeting, and were not aware
of it until they read the legal notice in the newspaper.
Supervisor Eddy advised that he had mixed feelings about
the amendment; Supervisors Johnson and Minnix expressed support for
the amendment and also for investigating the possibility of city
status for the County. Supervisor Nickens asked if there could be
an advisory question on the next referendum to ascertain the
feelings of citizens in east County to being annexed by the Town of
vinton. Mr. Mahoney responded that advisory questions are not
allowed on referendums. Supervisor Nickens also requested that in
the future the Town of Vinton be informed of any issue considered
by the County that would affect them.
Supervisor Eddy moved to adopt the charter amendment with
the deletion of the word "Town" in the resolution. The motion
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January 2. 1996
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carried by the following recorded vote:
AYES:
Supervisors Minnix, Harrison, Eddy, Nickens, Johnson
NAYS:
None
RESOLUTION 010296-3 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
ci ty or tmm 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 Clerks 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
January 2, 1996
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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 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 Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE: OTHER BUSINESS
~ Addition to the Leqislative Proqram for the 1996
Session of the Virqinia General Assemblv.
This item was continued to January 9, 1996. Supervisor
Nickens requested that in the future, only organizational issues be
considered at the organizational meeting.
IN RE:
RECESS
Chairman Johnson declared a recess at 9:55 a.m.
IN RE:
RECONVENEMENT:
Chairman Johnson reconvened the meeting at 10:05 a.m.
IN RE:
MEETING WITH ROANOKE VALLEY LEGISLATORS TO DISCUSS 1996
LEGISLATIVE PROGRAM.
Legislators who were present for this meeting were
Delegates A. Victor Thomas, H. Morgan Griffith, and Clifton A.
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January 2, 1996
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Woodrum; and state Senators Halfourd W. "Bo" Trumbo, and John
Edwards.
Legislative Assistant Carolyn Wharton was present for
Delegate C. Richard Cranwell.
County Attorney Paul Mahoney presented the list of
legislative requests adopted in Resolution 121295-5 on December 12,
1995. They included:
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
projects.
2) Local school divisions should be authorized to
establish opening dates for school.
3) Dispari ty 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
governments 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
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January 2, 1996
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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 vi tali ty 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
authori ty of local governments to adopt a local license tax on
businesses, 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
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
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January 2, 1996
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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 pre funding 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.
There was a general discussion on the establishment of a
Transportation District which would include a local gas tax. Mr.
Mahoney advised that Roanoke City and Roanoke County are
considering an agreement to form the district.
None of the
legislators were willing to sponsor or support the legislation
until there was an agreement between the two localities. Mr.
Mahoney advised that the Board of Supervisors will consider the
agreement at their meeting on January 9, 1996.
IN RE:
ADJOURNMENT
Supervisor Minnix moved to adjourn the meeting at 10:40
a.m. The motion passed by a unanimous voice vote.
Submitted by:
'TY>~ ß../.~
Mary H. Allen, CMC
Clerk to the Board