HomeMy WebLinkAbout1/11/1994 - Regular
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January 11, 1994
023
Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
January 11, 1994
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration center, this being the
first Tuesday, and the first regularly scheduled meeting of the month
of January, 1994.
I
IN RE:
CALL TO ORDER
Chairman Eddy called the meeting to order at 3:05 p.m. The
roll call was taken.
MEMBERS PRESENT:
Chairman Lee B. Eddy, Vice Chairman
KOhinke, Supervisors Bob L. Johnson,
"Fuzzy" Minnix, Harry C. Nickens
Edward - G.
H. Odell
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk;
John M. Chambliss, Assistant County Administrator;
Don C. Myers, Assistant County Administrator;
Anne Marie Green, Community Relations .
IN RE:
OPENING CEREMONIES
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The invocation was given by John M. Chambliss, Jr.,
Assistant County Administrator.
The Pledge of Allegiance was
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January 11, 1994
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recited by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Chairman Eddy moved citizens Comments to the beginning
of the meeting. He also requested an Executive Session regarding
a personnel matter. (The Executive Session was not held.)
Supervisor Johnson requested the addition of an item
amending the legislative package to oppose the school voucher
system. There was unanimous consent to add this as Item 11 to
New Business.
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
I
k citizens from Plvmouth Drive have reauested to
sÐeak reaardina traffic enterina and leavina
Shenandoah BaÐtist Church ProÐertv.
Jack Crowder, Tony Farmer, and William Pugh, residents
of Plymouth Drive complained about traffic using the paper street
that enters onto Plymouth Dri ve from Shenandoah Baptist Church
and School. They were also concerned about excessive noise from
the gymnasium.
Robert Alderman, Shenandoah Baptist Church Pastor,
advised that they are within the law to use the street and have
put up a gate to control traffic, but this has not satisfied the
neighborhood.
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January 11, 1994
025
staff was directed to prepare a report with possible
solutions and alternatives for February 8, 1994.
This report
will include the County use of the gym facilities.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, PRESENTATIONS
AND AWARDS
k Resolution of AÐÐreciation to H. Odell "Fuzzv"
Minnix for His Service as Chairman of the Board of
SuÞervisors durina 1993.
R-11194-1
Supervisor Minnix accepted the resolution and placque
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from Chairman Eddy.
Supervisor Johnson moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 11194-1 OF APPRECIATION TO H. ODELL "FUZZY"
MZNHZX FOR HZS SERVZCE AS CHAZRMAN DURING 1993
WHEREAS, H. Odell "Fuzzy" Minnix served as Chairman of
the Roanoke County Board of Supervisors during 1993; and
WHEREAS, during Mr. Minnix's term as Chairman, the
County achieved a variety of accomplishments, including:
o
Dedication of the Transfer Station and smith Gap
Landfill to provide solid waste facilities for the
Roanoke Valley for the next 70 years;
Completion of the dam at Spring Hollow Reservoir
which will provide drinking water for the citizens
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January 11, 1994
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of Roanoke County well into the next century;
o Purchase of and move to a new Administration
Center, thus avoiding the need for additional
rented space, as well as providing more efficient
service to the public;
o Implementation of a Salary Survey Study after a
year of no salary increases, thus substantially
increasing the County's ability to retain
employees and greatly improving the morale of
staff; and
o Recruitment of new industries to the Roanoke
Valley, including Hanover Direct which will
provide substantial new jobs and tax revenue for
the entire Valley.
WHEREAS, Mr. Minnix also worked diligently during his
term to represent all the citizens of Roanoke County and to
promote regional projects which would benefit all the residents
of the Roanoke Valley.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, does hereby extend its
deepest appreciation to H. ODELL "FUZZY" MINNIX for his service
as Chairman during 1993 and for his belief in democracy and
participation by citizens in local government.
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
L.
Presentation bY the Roanoke Valley Resource
Authority. (John Hubbard. Chief Executive Officer)
Mr. Hubbard presented to the Board members a model of
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January 11, 1994
027
the "Waste Line Express" Train that will haul the solid waste to
the landfill.
INRE:
NEW BUSINESS
k Authorization to Execute a Performance Aareement
with Hanover Direct. Inc. for the Relocation and
Establishment of Certain Industrial Facilities on
Hollins Road. (TimothY Gubala. Economic
DeveloÐment Director)
R-11194-2
Mr. Gubala reported that staff has negotiated a
performance agreement between the County, the Industrial
Development Authority and Hanover Direct with respect to mutual
obligations of the parties. These obligations includê investment
and employment goals to be accomplished by Hanover Direct so that
the County will achieve a return on its investment of public
funds from increased tax revenues within three years. It also
provides for an appropriation of funds to the Industrial
Development Authority for acquisition of land and extension of
water lines; and a reallocation of priorities and funding within
the six Year Secondary Road Plan.
Supervisor Johnson moved to approve execution of the
Performance Agreement with Hanover Direct, Inc., but withdrew
his original motion because he might have a potential conflict.
Supervisor Kohinke moved to adopt the resolution. The
motion carried by the following recorded vote:
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January 11, 1994
AYES:
Supervisors Kohinke, Minnix, Nickens
NAYS: None
ABSTAIN: Supervisor Johnson, Eddy
RESOLUTION 11194-2 AUTHORIZING THE EXECUTION
OF A PERFORMANCE AGREEMENT WITH HANOVER DI-
REcT, INC. AND THE ROANOKE COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY
WHEREAS, the County of Roanoke and the Industrial
Development Authority desire to promote and encourage the
economic development of Roanoke County, Virginia, and the Roanoke
Valley by the recruitment of new industry for the Roanoke Valley,
in order to provide for increased employment and corporate
investment in the County; and
WHEREAS, this increased employment and investment
constitutes a valid public purpose for the expenditure of public
funds; and
WHEREAS, the Company desires to support these economic
development efforts of the County and the Authority by relocating
and establishing its corporate facilities in the County.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the execution of a performance agreement with
Hanover Direct,
Inc.
and the Roanoke County Industrial
Development Authority for the relocation and establishment of
certain industrial development facilities in Roanoke County is
hereby authorized and approved; and all actions taken by the
officers and agents of the County in connection with this
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January 11, 1994
029
transaction are ratified and confirmed.
2. That the County Administrator is authorized to
execute said performance agreement on behalf of the County, upon
form approved by the County Attorney.
3. That this resolution shall take effect
immediately.
On motion of Supervisor Kohinke to adopt the
resolution, and carried by the following zecorded vote:
AYES: Supervisors Kohinke, Nickens, Minnix
NAYS: None
ABSTAIN: Supervisors Johnson, Eddy
L. AÞÐrOÞriation and Donation of Funds to the Roanoke
County Indust~ial DeveloÞment Authority for
Hollins Road. (TimothY Gubala. Economic
DeveloÐment Director)
R-11194-3
Mr. Gubala advised that this is a request for
appropriation and donation of $190,000 to the Industrial
Development Authority to extend the water line along Hollins Road
to the Friendship Manor site ($180,000); and complete the
acquisi tion of land from Friendship Manor and pay the closing
costs ($10,000).
Supervisor Kohinke moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES: Supervisors Kohinke, Minnix, Nickens
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NAYS: None
ABSTAIN: Supervisors Johnson, Eddy
RESOLUTION 11194-3 APPROPRIATING AND DONATING PUBLIC
FUNDS TO THE ROANOKE COUNTY INDUSTRIAL DEVELOPMENT
AUTHORITY
",
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, and the Industrial Development Authority of Roanoke
County ("Roanoke County Authority") desire to promote and
encourage the economic development of Roanoke County, Virginia,
and the Roanoke Valley by the recruitment of new industry for the
Roanoke Valley, in order to provide for increased employment and
corporate investment in the County; and
WHEREAS, this increased employment and investment
constitutes a valid public purpose for the expenditure of public
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funds; and
WHEREAS, the County desires to support these economic
development efforts of the Roanoke County Authority by donating
public funds to the Authority in accordance with the provisions
of § 15.1-511.1 of the Code of Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the sum of $190,000 is hereby appropriated
and donated to the Industrial Development Authority of Roanoke
County. That this appropriation of pUblic funds is made from the
County's unappropriated balance.
2. That this appropriation and donation to the
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Roanoke County Authority is made for the following economic
development purposes:
a. Complete the acquisition of fifteen (15)
acres of real estate on the west side of state Route 601, Hollins
Road, from the Friendship Manor Apartment Village Corporation;
and
b. To extend water lines to this site and an
adjoining parcel of real estate.
3. That the appropriate officers or agents of the
County are hereby authorized and directed to take such actions as
may be necessary to accomplish the purposes of this resolution,
and all actions taken by such officers and agents in connection
with this transaction are hereby ratified and confirmed.
4. That this resolution shall take effect
immediately.
On motion of Supervisor Kohinke to adopt the
resolution, and carried by the following recorded vote:
AYES:, Supervisors KOhinke, Nickens, Minnix
NAYS: None
ABSTAIN: Supervisors Johnson, Eddy
h
Authorization to Execute a Performance Aareement
with Hanover Direct. Inc. for the Relocation and
Establishment of Certain Industrial Facilities in
the Jack smith Industrial Park. (TimothY Gubala.
Economic DeveloÐment Director)
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January 11, 1994
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R-11194-4
Mr. Gubala advised that this performance agreement with
Hanover Direct Inc., would be executed between the county
Industrial Development Authority (IDA), the Botetourt County
Board of Supervisors, and the Botetourt County IDA.
It would
provide for an appropriation of funds to acquire 15 acres of real
estate in the Jack Smith Industrial Park.
Supervisor Johnson moved to adopt the resolution
authorizing execution of the Performance agreement.
The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 11194-4 AUTHORIZING THE EXECUTION
OF A PERFORMANCE AGRED:ENT WITH HANOVER DI-
RECT, INC., THE BOTETOURT COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY, AND THE ROANOKE COUNTY
INDUSTRIAL DEVELOPMENT AUTHORITY
WHEREAS, the County of Roanoke, the Botetourt County
Industrial Development Authority,
and the Roanoke County
Industrial Development Authority desire to promote and encourage
the economic development of Roanoke County, Virginia, and the
Roanoke Valley by the recruitment of new industry for the Roanoke
Valley, in order to provide for increased employment and
corporate investment in the County; and
WHEREAS, this increased employment and investment
constitutes a valid public purpose for the expenditure of public
funds; and
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January 11, 1994
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WHEREAS, the Company desires to support these economic
development efforts of the County and the Authorities by
relocating and establishing its corpòrate facilities in the
County.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the execution of a performance agreement with
Hanover Direct, Inc. , the Roanoke County Industrial Development
Authority, and the Botetourt County Industrial Development
f'
Authority for the relocation and establishment of certain
industrial development facilities in the Jack smith Industrial
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Park is hereby authorized and approved; and all actions taken by
the officers and agents of the County in connection with this
transaction are ratified and confirmed.
2. That the County Administrator is authorized to
execute said performance agreement on behalf of the County, upon
form approved by the County Attorney.
3.
That
this
resolution
shall
take
effect
immediately.
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
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ADÐrOÐriation and Donation of Funds to the Roanoke
Countv Industrial DeveloÐment Authori tv for Jack
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January 11, 1994
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smith Industrial Park. (TimothY Gubala. Economic
DeveloÐment Director)
R-11194-5
Mr. Gubala reported that this appropriation would fund
the acquisition of 15 acres of real estate in the Jack Smith
Industrial park from the Roanoke Valley Development Corporation
for $191,962.
Supervisor Johnson moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 11194-5 APPROPRIATING AND DONATING
PUBLIC FUNDS TO THE ROANOKE COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY
WHEREAS,
the Industrial Development Authority of
Roanoke County ("Roanoke County Authority") and the Industrial
Development Authority of Botetourt County desire to promote and
encourage the economic development of Roanoke County, Botetourt
County, and the Roanoke Valley by the recruitment of new industry
for the Roanoke Valley, in order to provide for increased
employment and corporate investment in Roanoke County and
Botetourt County; and
WHEREAS, this increased employment and investment
constitutes a valid public purpose for the expenditure of public
funds; and
WHEREAS, the County desires to support these economic
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development efforts of the Roanoke County Authority by
encouraging the establishment of industrial facili ties in the
Jack smith Industrial Park and by donating public funds to the
Roanoke County Authority in accordance with the provisions of §
15.1-511.1 of the Code of Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That the sum of $99,189 is hereby appropriated and
donated to the Industrial Development Authority of Roanoke
County. That this appropriation of public funds is made from the
County's unappropriated balance.
2. That this appropriation and donation to the
Roanoke County Authority is made for the purpose of acquiring 15
acres of real estate from the Roanoke Valley Development
Corporation in the Jack Smith Industrial Park.
3. That the appropriate officers or agents of the
County are hereby authorized and directed to take such actions as
may be necessary to accomplish the purposes of this resolution,
and all actions taken by such officers and agents in connection
with this transaction are hereby ratified and confirmed.
4. That this resolution shall take effect
immediately.
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
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January 11, 1994
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Reauest for Authorization to Execute a Mutual
Aareement wi th the ci ty of Roanoke for Use of
oÐticom Traffic Control System. (Tommy Fuaua. Fire
, Rescue Chief)
A-11194-6
Chief Fuqua reported that an opticom system allows
emergency vehicles to control traffic signals when operating
under emergency conditions. VDOT has proceeded with the
installation of the system at no cost to Roanoke County on Route
419. The Fire and Rescue Department has purchased and installed
six vehicle emi tters . The ci ty of Roanoke now has over 80
intersections in their opticom system, and the system could be
better utilized under a mutual agreement to use it on a valley-
wide basis. In response to questions, Mr. F\.i.qua described how
the system would work.
FOllowing discussion, Supervisor Minnix moved to
authorize execution of an agreement that permits mutual use of
county and ci ty Opticom Systems by emergency vehicles. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
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Reauest for Resolution of SUÐÞOrt for Amendments
to the BankruÐtcv Code. (Alfred C. Anderson.
County Treasurer)
R-11194-7
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January 11, 1994
037
Mr. Anderson requested a resolution of support that
would exempt local government revenue sources and collection
methods from the operation of the Bankruptcy Code.
Supervisor Minnix moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 11194-7 REQUESTING THE CONGRESS OF
THE UNITED STATES TO AMEND THE BANKRUPTCY
CODE OF 1978, 11 U.S.C. §101-1330, RELATING
TO LOCAL GOVERNMENT REVENUE SOURCES
WHEREAS, the Second, Third and Ninth circuit Courts of
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Appeal have applied the automatic stay, contained at 11 U. S. C.
§362, as prohibiting the perfection of tax liens by local
governments for delinquent ad valorem taxes or non-ad valorem
special assessments on real property which are subject to
bankruptcy proceedings; and
WHEREAS, the balancing of policy considerations made by
the united states Congress when drafting the Bankruptcy Code of
1978, 11 U.S.C. §101-1330, and the interpretations made by the
various >federal courts have provided greater protection for
debtors, as against the interests of creditors, including Roanoke
County, and the perceived inequitable bargaining positions held
between debtors and creditors; and
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WHEREAS, there is merit in reconsidering this balance
in circumstances where a local government is a credi tor for
unpaid taxes' or non-ad valorem special assessments; and
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January 11, 1994
WHEREAS, the application of the automatic stay results
in great delay to local governments of the receipt ·of ad valorem
taxes or non-ad valorem special assessments and causes severe
hardship to the local governments, in forecasting and funding
local government activities and responsibilities; and
WHEREAS, the application of the automatic stay to ad
valorem taxes or non-ad valorem special assessments which are
validly levied after the filing of a bankruptcy petition and
otherwise due and payable may prevent collection pursuant to the
state law provisions contained in section 58.1 of the Code of
Virginia; and
WHEREAS, the united States District Courts have
interpreted 11 U.S.C. §363 to authorize the sale of real property
which is subject to an ad valorem tax or non-ad valorem special
assessments delinquency free and clear the appropriate tax lien,
with the result that secured tax liens created prior to the
filing of a bankruptcy petition are reclassified as priority
unsecured loans.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of the County of Roanoke, Virginia:
The Congress of the United States is requested tò make
one or all of the following changes to the Bankruptcy Code of
1978, 11 U.S.C. §101-1330:
1. Exempt local government revenue sources, such
as ad valorem taxes or non-ad valorem special assessments, from
the operation of the Bankruptcy Code of 1978, 11 U.S.C. §101-
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January 11, 1994
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1330; and/or
2. Exempt all collection methods available to
local governments under state law from the operation of the
automatic stay contained at section 362 of the Bankruptcy Code of
1978 and/or the statutes of any other state which would be
negated by the decision of a federal bankruptcy court; and/or
3. Prevent the application of the automatic stay
contained in Section 362 of the Bankruptcy Code of 1978 to any
and all local government revenue sources, such as ad valorem
taxes or non-ad valorem special assessments, levied after the
filing of the bankruptcy petition.
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BE IT FURTHER RESOLVED that copies of the resolution be
sent to the President of the United States, to the President of
the United States Senate, to the Speaker of the United States
House of Representatives, to Senator John Warner, to Senator
Charles
Robb,
to
Representative
Bob
Goodlatte
and
to
Representative Rick Boucher.
On motion of Supervisor Minnix to adopt the resolution,
and carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
h Reauest for AdoÞtion of ProDosal to strenathen
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Vehicle
Decal
Enforcement.
(Don
C.
Mvers.
Assistant County Administrator)
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January 11, 1994
Mr. Myers presented two options that would strengthen
vehicle decal enforcement in Roanoke County. One would add a
person to the Commissioner of the Revenue's staff specifically
for decal enforcement. The cost of this option is approximately
$25,000 including an vehicle. The second option would set up a
traffic unit in the Police Department that would include decal
enforcement while emphasizing traffic enforcement such as
speeding, ~nd DUI's. The cost of this proposal is estimated at
$231,706 the first year.
FOllowing discussion, Supervisor Nickens moved to
postpone action to January 25, 1994, and requested the staff to
provide more information on Chief Cease's proposed plan. The
motion carried by a unanimous voice vote.
~ 1994 AÐÐointments of Board Members to Committees.
commissions and Boards. (Elmer C. Hodae. County
Administrator)
It, was the consensus of the Board that Supervisor Eddy
serve on the Roanoke Valley Economic Development Partnership and
as Liaison to the Virginia Association of Counties in his
capacity as Chairman.
It was the consensus of the Board for Supervisor Minnix
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to serve on the Clean Valley Committee filling the unexpired term
of supervisor Eddy. Confirmation of this appointment will be I
placed on the January 25, 1994 agenda.
.L. Request for AdoDtion of Resolution In Connection
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January 11, 1994
041
,
with
the Communi ty DeveloÐment Block
Grant.
/
(TimothY Gubala. Economic DeveloÞment Director)
Assistant Economic Development Director Brian Duncan
announced that the County had been awarded a $700,000 Community
Development Block Grant.
In order to receive the grant funds,
the County must approve a Local Business and Employment Plan, a
Fair Housing Certification and a Residential Anti-Displacement
and Relocation Assistdnce Plan.
In response to a question, County Attorney Paul Mahoney
advised that the Board could accomplish these actions by one
motion.
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Supervisor Minnix moved to adopt the resolution.
motion carried by the following recorded vote:
The
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
a. Approval of Business and Employment Plan
A-11194-S.a
b. Approval of Fair Housing Certification
R-11194-S.b
c. Approval of Residential Anti-Displacement and
Relocation Assistance Plan
A-11194-S.C
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RESOLUTION 11194-S.b REQUESTING
HOUSING CERTIFICATION--COMMUNITY
GRANT
ADOPTION OF FAIR
DEVELOPMENT BLOCK
WHEREAS, in compliance with Title VIII of the Civil
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January 11, 1994
Rights Act of 1968, the County of Roanoke has been offered and
intends to accept federal funds authorized under the Housing and
Community Development Act of 1974, as amended; and
WHEREAS, recipients of funding under the Act are
required to take action to affirmatively further fair housing;
NOW, THEREFORE, BE IT RESOLVED that the Roanoke County
Board of Supervisors agrees to take at least one action to
affirmatively further fair housing each grant year, during the
life of its project funded with community Development Block Grant
funds. The action taken will be selected from a list provided
by the Virginia Department of Housing and Community Development.
On motion of Supervisor Minnix to adopt the resolution,
and carried by the fOllowing recorded vote:
AYES: Supervisors Johnson, KOhink3, Minnix, Nickens, Eddy
NAYS: None
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10. Reauest to ADDroDriate $400.000 to the 1993/94
General services Budaet. (Don Myers. Assistant
Countv Administrator)
Mr.- Myers reported that at the November 16 meeting, the
staff advised the Board that there was a need for additional
funding for the General Services Department. Following a
detailed analysis, it was determined that an additional $400,000
was needed to adequately fund the department. Major items
contributing to the shortfall included increased tonnage disposal II
at the landfill, additional building maintenance and custodial
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January 11, 1994 04" J
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costs, the retention of five refuse collectors who are no longer
able to perform their duties, and high maintenance costs for the
refuse collection fleet.
Following discussion Supervisor Nickens moved to
postpone the request to January 25, 1994, to bring back a report
with more details. The motion carried by a unaimous voice vote.
11. Reauest from SUÐervisor Johnson to amend the
Leaislative Packaae to OÐÐose the ÞroÐosed School
Voucher System
Supervisor Johnson advised he was concerned that State
Senator Brandon Bell had expressed support for the school voucher
system, but did not mention this at the legislative meeting on
January 5.
Following discussion on how to express the Board's
concern, Supervisor Johnson moved that Chairman Eddy write to
Brandon Bell and the Roanoke Valley delegates to express
opposition to the proposed school voucher system. The motion
carried by a unanimous voice vote.
IN RE:
FIRST READING OF ORDINANCES
k Ordinance Authorizina the Acauisition of Easements
to Construct the South Transmission Line.
(Clifford Craia. utility Director)
I There was no discussion of this item. Supervisor
Nickens moved to approve the first reading of the ordinance and
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January 11, 1994
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set the second reading for January 25, 1994. The motion carried
by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
IN RE:
SECOND READING OF ORDINANCES
k Ordinance Amendina and Reenactina Section 21-17.
When Due and Payable of Article II Taxes on
T&naible Personal ProÐerty.
of
ChaÐter 21.
Taxation. of the Roanoke County Code concerning'
Elimination of Proration for Boats in certain
situations. (R. Wayne ComÐton. commissioner of
the Revenue)
0-11194-9
There was no discussion of this item.
Supervisor
Johnson moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ORDINANCE 11194-9 AMENDING AND REENACTING
SEC. 21-17, WHEN DUE AND PAYABLE, OF ARTICLE
II. TAXES ON TANGIBLE PERSONAL PROPERTY, OF
CHAPTER 21, TAXATION OF THE ROANOKE COUNTY
CODE CONCERNING ELIMINATION OF PRORATION FOR
BOATS
WHEREAS, Sec. 21-17 of the Roanoke County Code
currently provides a system for proration of personal property
tax for every motor vehicle, trailer or semitrailer which either
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January 11, 1994
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acquires or loses a situs within the county after the tax date of
January 1 of each year; and
WHEREAS, the General Assembly of Virginia has recently
amended § 58.1-3516 of the Code of Virginia to permit localities
to exclude boats from the class of property subject to proration
of the personal property tax; and
WHEREAS, the first reading of this ordinance took place
on December 14, 1993; the second reading took place on January
11, 1994.
BE IT ORDAINED by the Board of Supervisors of the
County of Roanoke 'as follows:
1. That Sec. 21-17. When due and pavable. of Article
II. Taxes on Tanqible Personal Property of Chapter 21, TAXATION,
is hereby amended and raenacted to read and provide as follows:
Sec. 21-17. When due and payable.
. . . .
(b) There shall be a personal property tax at a rate
established each year by the board of supervisors on motor
vehicles, trailers and boats (hereafter referred to in this
section as "taxable property") which have a situs within the
county on January 1 of each year and!ii!i!ii!iiiiii¡itšiISiitili!j!ji¡iiiBiBfiíìji which
acquire a situs within the county on or after January 2 of each
year. When taxable property Illi¡itê~ïlllí~§§Î~M% acquires a situs
within the county on or after January 2, the personal property
tax for that year shall be assessed to the owner prorated on a
monthly basis for the portion of the tax year during which the
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046
January 11, 1994
taxable property has si tus wi thin the county.
When taxable
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propertyjmIWD9~ilæñ~mgllil!~ with a situs in the county is
transferred to a new owner within the county, the personal
property tax shall be assessed to the new owner prorated on a
monthly basis for the portion g~ eft the tax year during which the
new owner owns the taxable property. For purposes of proration,
a period of more than one-half (1/2) of a month shall be counted
as a full month and a period of less than one-half (1/2) of a
month shall not be counted. For purposes of proration, the first
through the fifteenth will be considered as the first half of the
month, and the sixteenth to the end of the month will be
considered the second half of the month.
(c) When any taxable propertY@m~mBHìÐI@~§lÎì~ loses
its situs within the county after the tax day or after the day on
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which it acquires a situs or its title is transferred to a new
owner, the taxpayer shall from that time be relieved from
personal property tax on such tangible property and recei ve a
credit toward taxable property newly transferred to the taxpayer,
or a credit against personal property taxes outstanding against
the taxpayer, or a refund of personal property tax already paid
on a monthly prorated basisM, lIIï§ïlil§@illï"BR£m@~ïrntifiæ. upon
application to the commissioner of the revenue äl!llilwfiifillliililli
AI~lgB~m.II@~llimmlslg~B@W~gEï~liŠ, provided that application
is made within three (3) years from the last day of the tax year
during which the taxable property lost situs or had its title
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transferred.
..........w....m........m.·.·.·,~::E..·.·.·.~~:wm'=~.......""*"-:--//.'m"".w^~Wmmm..mÏlì·::ì::r··'······mm...:!ii=.......~,:Ji::y.·'.·mm.·../.-·...·.w~.m:::í:$:~-':'£:r~
~:~:~:~:~:~lg:~t:~:~:®5tSttHt¡mg!f~:l:â.~~¡t¡~¡¡811.~¡¡~¡~t$~âl!:~:~:~:~¡~¡HRâ*'_J.íKÎ.~$~¡~1t.
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January 11, 1994
047
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ill!iìili:i:¡:¡:¡:¡:¡[!§¡:¡:¡:¡:¡:¡:¡:I::¡:::¡:¡:¡:¡:lil!I§Mïl:¡l¡:¡:¡:¡:¡:¡:¡:¡il¡m!lm¡:¡:¡:¡:¡:¡:¡:IDSiæl:æ¡BiI:1IfI¡:¡:¡:ii.m@IR¡¡:::¡:I¡:.:¡:¡:¡:¡:¡:¡:¡MD~
M!lPilll:; The commissioner of the revenue shall make a
reasonable effort to ascertain and notify any taxpayer entitled
to a prorated refund of personal property taxes pursuant to this
subsection. Relief from the assessment of any personal property
tax based upon loss of situs or acquisition of situs shall be
based upon the property being legally assessed by another
jurisdiction and such tax on the assessed property being paid.
(e) When any person, after January 1 or situs date,
acquires a motor vehicle:~:: ~ trailer:~::::::~~]ŠI::::::::::::§8ÃI wi th a county
situs, the tax shall be assessed on such taxable property for the
portion of the tax year during which the new owner owns the
taxable property and it has a situs in the county. The tax shall
be due and owing within thirty (30) days after presentation or
mailing of the bill from the treasurer, or May 31 of the tax
year, whichever shall occur later.
. . . .
2. This ordinance shall be effective from date of adoption
for the 1994 tax year and all subsequent tax years.
On motion of Supervisor Johnson to adopt the ordinance,
and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
None
IN RE:
CONSENT AGENDA
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January 11, 1994
R-11194-10
Supervisor
Minnix
moved
to
adopt
the
Consent
Resolution. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 11194-10 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM J - 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 January 11, 1994, designated as Item J -
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 5, inclusive, as follows:
Approval of Minutes for November 16,
November 17, 1993 and November 30, 1993.
2. Request for Approval of a Bingo Permit for
Calendar Year 1994 from the Vinton Moose Lodge
1121.
1.
1993,
3. Request for Approval of a Raffle Permit from the
Cave spring High School PTSA.
4. Acceptance of Water and Sanitary Sewer Facilities
Serving Meadowbrook Village - Section IV.
5.
Request for Acceptance of Orlando Avenue, Samantha
Circle, Orlando Court and Bolejack Boulevard into
the Virginia Department of Transportation
Secondary System.
That the Clerk to the Board is hereby authorized
2.
and directed where required by law to set forth upon any of said
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January 11, 1994
049
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Minnix to adopt the Consent
Resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 11194-10.d REQUESTING ACCEPTANCE OF ORLANDO
AVENUE, SAMANTHA CIRCLE, ORLANDO COU.RT, AND BOLEJACK
BOULEVARD INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY SYSTEM
WHEREAS,
the streets described on the attached
I
Additions Form SR-5(a) , fully incorporated herein by reference,
are shown on plats recorded in the Clerk's Office of the Circuit
Court of Roanoke County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the streets
meet the requirements established by the SUbdivision Street
Reauirements of the Virginia Department of Transportation; and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
Virginia Department of Transportation to add the streets
described on the attached Additions Form SR-5(A) to the secondary
system of state highways, pursuant to Section 33.1-229, Code of
Virginia, and the Department' s Subdi vision Street Reauirements.
and
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BE IT FURTHER RESOLVED, this Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
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January 11, 1994
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BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer of the Virginia
Department of Transportation.
Recorded Vote
Moved By: Supervisor Minnix
Seconded By: Not Reauired
Yeas: Supervisors Johnson. Kohinke. Minnix. Nickens. Eddv
Nays: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Kohinke: (1) He thanked Mr. Mahoney for
his work on the Legislative Breakfast. (2) He expressed his
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appreciation for the Board planning retreat and thought it was a
success. (3) He asked that the staff find out if the Explore
Advisory Committee tour has been postponed. (4) He advised that
he had no opinion on the proposed Paid Time Off (PTO) policy, and
felt that Mr. Hodge should make any decisions regarding PTO in
his capacity as County Administrator.
Supervisor Nickens: (1) He asked Mr. Mahoney to see
where the issue of School Board elections stand in the Justice
Department. (2) He requested Chairman Eddy to send a letter
requesting a change in the Record of Decision for the Blue Ridge
Parkway Visitors Center.
IN RE:
REPORTS
Supervisor Minnix moved to receive and file the
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January 11, 1994
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following reports.
The motion carried by a unanimous voice vote.
k General Fund UnaÐDroDriated Balance
L. CaÐital Fund UnaÐÐroÐriated Balance
h Board Continaency Fund
~ statement of Revenues and EXDenditures as -ºf
November 30. 1993.
.L. ReDort on ProÐosed Schedule for 1994 ISTEA Gra.¡¡j,t
AÞÞlication Process.
.L. ReÐort on Fire and Rescue Reaction/ResÐonse Times
for November 1993.
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IN RE:
ADJOURNMENT
At 5:00 p.m., Supervisor Minnix moved to adjoin to the
Roanoke County Occupational School for a tour of the facility.
The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
Following a tour of the school, Chairman Eddy declared
the meeting adjourned at 6:30 p.m.
Submitted by:
A.?ed by:
~~ h'.~
Mary H. Allen, Clerk
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