1/3/1995 - Special
January 3, 1995
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Roanoke County Board of supervisors
Roanoke County Administration Center
5204 Bernard Drive s. w.
Roanoke, Virginia 24018
January 3, 1995
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 3rd day of
January, 1995.
IN RE:
CALL TO ORDER
Chairman Eddy called the meeting to order at 9:03 a.m. The
roll call was taken.
MEMÐERS PRESENT:
Chairman Lee B. Eddy, Vice Chairman Edward G.
Kohinke, Supervisors Bob L. Johnson, H. Odell
Minnix, Harry C. Nickens
MEMÐERS 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
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January 3, 1995
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IN RE:
SPECIAL RECOGNITION
~ Proclamation Declarina Thomas E. (Gene) Waaner as a
Life Chief for the Mount Pleasant Volunteer Fire
DeDartment.
Chief Wagner was not present and the proclamation was accepted
by Supervisor Nickens to be presented at an event planned by the
Mount Pleasant Fire Department. Supervisor Nickens moved to adopt
the proclamation. The motion carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
None
IN RE:
ORGANIZATION OF COUNTY BOARD
~ Election of Officers
~ Chairman and Vice chairman
Supervisor KOhinke moved to elect Supervisor Minnix to
serve as Chairman. The motion was carried by the following
recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy.
NAYS: None
Supervisor Eddy moved to elect Supervisor Kohinke to
serve as Vice Chairman. The motion was carried by the following
recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy.
NAYS: None
January 3, 1995
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Lenath of Term for Chairman and Vice Chairman
Supervisor Kohinke moved that terms shall run from
January 3, 1995 to January 2, 1996.
The motion carried by the
following recorded vote:
AYES:
supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
~ Resolution establishina Bvlaws. Rules of Order and
Schedule for Board Meetinas in 1995.
R-1395-1
Supervisor Johnson moved to adopt the prepared
resolution. The motion carried by the following recorded vote:
AYES:
supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 1395-1 ESTABLISHING A MEETING
SCHEDULE FOR THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY FOR CALENDAR YEAR 1995 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 1995, 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. Regular meetings will be held at the Roanoke
County Administration Center, 5204 Bernard Drive.
Monday, January 9, 1995 at 12:30 Noon
Joint Meeting with Roanoke City Council at Highland Park School
Tuesday, January 10, 1995, at 3:00 p.m.
Friday, Saturday, January 20, 21, 1995, at 8:30 a.m.
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January 3, 1995
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Tuesday, January 24, 1995, at 3:00 p.m. and 7:00 p.m.
Tuesday, February 14, 1995, at 3:00 p.m.
Tuesday, February 28, 1995, at 3:00 p.m. and 7:00 p.m.
Tuesday, March 14, 1995, at 3:00 p.m.
Tuesday, March 28, 1995, at 3:00 p.m. and 7:00 p.m.
Tuesday, April 4, 1995 at 3:00 p.m.
Tuesday, April 11, 1995, at 3:00 p.m.
Tuesday, April 25, 1995, at 3:00 p.m. and 7:00 p.m.
Tuesday, May 9, 1995, at 3:00 p.m.
Tuesday, May 23, 1995, at 3:00 p.m. and 7:00 p.m.
Tuesday, June 13, 1995, at 3:00 p.m.
Tuesday, June 27, 1995, at 3:00 p.m. and 7:00 p.m.
Tuesday, July 11, 1995, at 3:00 p.m.
Tuesday, July 25, 1995, at 3:00 p.m. and 7:00 p.m.
Tuesday, August 22, 1995, at 3:00 p.m. and 7:00 p.m.
Tuesday, September 12, 1995, at 3:00 p.m.
Tuesday, September 26, 1995, at 3:00 p.m. and 7:00 p.m.
Tuesday, October 10, 1995, at 3:00 p.m.
Tuesday, October 24, 1995, at 3:00 p.m. and 7:00 p.m.
Tuesday, November 21, 1995, at 3:00 p.m. and 7:00 p.m.
Tuesday, December 12, 1995, at 3:00 p.m. and 7:00 p.m.
2. That the organizational meeting for 1996 shall be
held on Tuesday, January 2, 1996.
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:
January 3, 1995
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a. that no second to motions shall be required in
order to consider that motion; and
b. that the chairman 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 carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE:
OLD BUSINESS
~ Request for Aooroval of Binao permit for Calendar
Year 1995 from the Roanoke Moose Lodae #284
(CONTINUED FROM DECEMBER 13. 1994)
A-1395-2
Supervisor Minnix explained that he requested that this
item be added so that the Moose Lodge could continue their Bingo
games if the Board approves the permit. County Attorney Paul
Mahoney advised that the Lodge's audit had been provided with the
Board Report. Jennings Byrd, Attorney for the Moose Lodge, was
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January 3, 1995
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the state Code by providing 12 1/2% of the Bingo proceeds for
charitable uses.
In response to a question from Supervisor Nickens as to
whether $39,000 in roof repairs to the Moose Lodge could be
considered charitable contributions, Mr. Mahoney advised that state
law permits expenses for maintenance and repairs to facilities to
be deducted from Bingo profits. Mr. Byrd also advised that the
Moose Lodge is no longer charging rent for their own building based
on a ruling by the County Attorney.
Supervisor Eddy advised he
could not support approval unless the permit was a temporary 90 day
permit and recommended that the local ordinance be amended.
Following discussion, Supervisor Kohinke moved to approve
the Bingo Permit.
The motion carried by the following recorded
vote:
AYES:
Supervisors Johnson, KOhinke, Nickens, Minnix
NAYS:
Supervisor Eddy
IN RE:
RECESS
Chairman Minnix called a ten-minute recess at 9:37 a.m.
IN RE:
RECONVENEMENT
Chairman Minnix reconvened the meeting at 9:50 a.m.
IN RE:
MEETING WITH ROANOKE VALLEY LEGISLATORS
January 3, 1995
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Legislators who were present for this meeting were
Delegates A. Victor Thomas, H. Morgan Griffith, and Clifton A.
Woodrum, and state Senators Malfourd W. "Bo" Trumbo, and J. Brandon
Bell. Constitutional Officers attending were Sheriff Gerald Holt,
Clerk of Circuit Court Steven McGraw, Treasurer Alfred Anderson,
Commissioner of the Revenue Wayne compton and Commonwealth's
Attorney Skip Burkart.
Mr. Mahoney presented the County's legislative program as
follows:
ROANOKE COUNTY LEGISLATIVE PROGRAM FOR 1995 SESSION OF THE
VIRGINIA GENERAL ASSEMÐLY
LAW ENFORCEMENT
Restore funding for HB 599 Program (State aid to localities with
police departments) - Fiscal Impact to Roanoke county - $57,550
FRINGE BENEFITS FOR CONSTITUTIONAL OFFICERS
Restore funding for constitutional officers' salary fringe benefits
for Fiscal Year 1996 - Fiscal Impact to Roanoke county - $371,241
EDUCATION
Enhance funding for public education; authorize local school
divisions to establish opening dates for school; base disparity
funding on composite index and locality's local tax effort in
support of education
TRANSPORTATION MUSEUM
Support continued funding of Transportation Museum in Roanoke City
VIRGINIA RECREATIONAL FACILITIES AUTHORITY
support continued funding of Explore Park
VIRGINIA COOPERATIVE EXTENSION
Restoration of $2,898,000 to 1995-96 budget for virginia
Cooperative Extension and Virginia Agricultural Experiment station
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January 3, 1995
BQUAL 'I'AX~'fIO. AIa:I JlOUOWI." POWERS
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Adoption of legislation equalizing taxation and borrowing powers of
counties to those granted to municipalities
UNFUNDED MANDATES
Reduction of unfunded regulatory and statutory mandates -Opposition
to state mandates on local government without sufficient funding to
cover the costs of those mandates
PROPERTY RIGHTS
Oppose legislation that would make environmental protection and
reasonable zoning actions by local governments more difficult than
current law allows
LOCAL BUSINESS LICENSE TAX
Oppose elimination of this local option tax - Fiscal Impact to
Roanoke County - $3 million
ROANOKE REGIONAL HOMEBUILDERS
Support a relaxation of state law and State regulation permitting
stump dumps and debris landfills, and State funding incentives to
encourage and promote regionalization activities of local
governments
Mr. Mahoney also advised that the Board adopted a
resolution opposing the elimination of the Business and
Professional License tax (BPOL) at their December 13, 1994 meeting.
The Board's primary concerns are the loss of fringe benefits for
Constitutional Officers, decreased 599 funds for Police Departments
and the elimination of the BPOL tax.
The delegates advised that they might consider support
for another local source of revenue to replace BPOL. Supervisor
Eddy suggested a local income tax be allowed by the state to reduce
other taxes.
Supervisor Johnson expressed concern about the
Charter School concept. Supervisor Nickens advised that he felt
January 3, 1995
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the three percent retirement increase for current and future
retirees was essentially an unfunded mandate.
Sheriff Gerald Holt spoke in support of continued funding
of fringe benefits for Constitutional Officers. Commissioner of
the Revenue Wayne compton informed the legislators that 75% of the
BPOL tax comes from out of the state from such companies as Kroger,
Sears and J. C. Penney's.
IN RE:
EXECUTIVE SESSION
At 10 : 50 a . m., Superv isor Johnson moved to go into
Executive Session pursuant to the Code of Virginia 2.1-344 (A) (7)
for consultation with legal counsel and briefings by staff
pertaining to actual or probably litigation: City of Roanoke Water
Claim. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE: CERTIFICATION RESOLUTION
R-1395-3
At 11:10 a.m., Supervisor Eddy moved to return to Open
Session and adopt the certification Resolution. The motion carried
by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 1395-3 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
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January 3, 1995
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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 Eddy to adopt the
Certification Resolution, and carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
None
IN RE:
ADJOURNMENT
At 11:11 a.m., Supervisor Johnson moved to adjourn. The
motion carried by a unanimous voice vote.
January 3, 1995
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Submitted by:
"hJ~.-N. ~
Mary H. Allen
Clerk to the Board
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January 3, 1995
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