HomeMy WebLinkAbout4/9/1991 - Regular
April 9, 1991
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Roanoke county Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue S. w.
Roanoke, Virginia 24018
April 9, 1991
The Roanoke County Board of Supervisors of Roanoke
County, Virginia, met this day at the Roanoke County Administration
Center, this being the second Tuesday, and the first regularly
scheduled meeting of the month of April, 1991.
IN RE:
CALL TO ORDER
Chairman McGraw called the meeting to order at 3:07 p.m. The
roll call was taken.
MEMBERS PRESENT:
Chairman Steven A. McGraw, Vice Chairman Harry
C. Nickens, Supervisors Lee B. Eddy, Bob L.
Johnson, Richard W. Robers
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk
to the Board; John R. HUbbard, Assistant County
Administrator, John M. Chambliss, Assistant
County Administrator, Don M. Myers, Assistant
County Administrator, Anne Marie Green,
Information Officer
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Gregory Adkins,
Raleigh Court United Methodist Church. The Pledge of Allegiance
was recited by all present.
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April 9, 1991
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IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Item C-4 was added, Proclamation declaring the week of April
14 - 20, 1991 as National Library Week.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
h Resolution of SuÞÞort for the Roanoke Valley Job
OÞÞortunities Convention on May 15. 1991.
R-4991-1
Chairman steve McGraw presented the resolution to Jean
Holbrook, representing the County schools.
Supervisor Eddy moved to adopt the resolution. The
motion was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
RESOLUTION 4991-1 OF SUPPORT FOR THE ROANOKE AREA
JOB OPPORTUNITIES CONVENTION ON MAY 15, 1991
WHEREAS, the first annual Roanoke Area Job
Opportunities Convention will be held May 15, 1991, at the
Exhibition Hall of the Roanoke civic center; and
WHEREAS, The Roanoke Area Job Opportunities
Convention is jointly sponsored by the Roanoke County Schools,
Botetourt County Schools, Craig County Schools, Roanoke City
Schools, and Salem City Schools; and
WHEREAS, The purpose of the Roanoke Area Job
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April q, ,qq,
Opportuni ties Convention is to provide an opportunity for business,
industry, and government representatives to interview 1991
graduating seniors with marketable skills and a desire for full-
time emploYment; and
WHEREAS, The Roanoke County School Board believes that
such an event will be a learning experience to those students
seeking full-time emploYment after graduation.
NOW, THEREFORE, BE IT RESOLVED that We, the Board of
Supervisors of Roanoke County, Virginia, do support the Roanoke
Area Job Opportunities Convention to be held on May 15, 1991, as
being in the best interest of Roanoke County and the surrounding
areas.
FURTHER, BE IT RESOLVED that the Board of Supervisors
extends its best wishes for a successful event to all participants.
On motion of Supervisor Eddy to adopt resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
~ Recoqnition of Parks and Recreation DeÞartment for
winninq three TAKE PRIDE IN AMERICA awards.
Parks and Recreation Director Steve Carpenter introduced
representatives from the Equestrian Advisory Committee, the Mason
Cove civic League and the Department of Forestry who were involved
in the projects that won the awards.
.L.. Recoqnition of Charles Vaden. for receivinq his
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April 9, 1991
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certification as an Accredited Senior A~Þraiser.
Chairman McGraw presented the Certificate to Mr. Vaden.
~ Proclamation declarinq the Week of AÞril 14 - 20.
1991 as National Library Week
Chairman McGraw presented the proclamation to George
Garretson, Library Director.
Supervisor Robers moved to approve the proclamation. The
motion carried by a unanimous voice vote.
IN RE:
NEW BUSINESS
h Request from the Roanoke SvmÞhony for use of Green
Hill Park as a Þolo field.
A-4991-2
County Administrator Elmer Hodge advised that the Roanoke
SYmphony's major fund raising event for several years has been a
polo match, and they have expressed an interest in holding future
matches at Green Hill Park.
They agree to be financially
responsible for all preparation of the fields and other expenses
associated with the polo matches. The County will continue normal
maintenance of the park. Mr. Hodge reported that an agreement will
be signed by both parties outlining the specific responsibilities.
Officials of the Roanoke SYmphony Organization were present to
answer questions.
Supervisor Robers moved to authorize the County
Administrator to execute an agreement with the Roanoke SYmphony for
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April 9, 1qq,
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the use of Green Hill Park as a polo field. The motion was carried
by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
~ Request from Roanoke County to amend the Extra-
territorial Arrest Powers Aqreement with the city of Roanoke.
A-4991-3
Police Chief John Cease explained that this is basically
a housekeeping measure changing the responsibilities in the
agreement from the Sheriff's Department to the Police Department.
Supervisor McGraw suggested that Chief Cease contact the
City of Salem to ascertain their interest in participating in such
an ETAP Agreement.
Supervisor Nickens moved to authorize execution of the
agreement. The motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
IN RE: FIRST READING OF ORDINANCES
h Ordinance authorizinq the lease of 10.40 acres of
real estate to Frederick A. Mahone and Rebecca Fay Mahone.
Mr. Hodge explained that this property is located at the
site of the proposed Spring Hollow Reservoir and the County has
been renting the property to others for several years. The second
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April 9, 1991
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reading will be April 23, 1991.
Supervisor Nickens moved to approve first reading. The
motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
~ Ordinance vacatinq a sanitary sewer easement and
acquirinq a new sanitary sewer easements across Lot 6. Luwana
CorÞoration Division.
Supervisor Eddy moved to approve first reading of the
ordinance. The second reading will be April 23, 1991. The motion
was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
.L.. Ordinance vacatinq a Þortion of an existinq non-
exclusive easement and acquirinq a new water line and access
easement across ÞroÞertv of Holiday Retirement Associates Limited
PartnershiÞ.
Supervisor Robers moved to approve first reading of the
ordinance. The second reading will be April 23, 1991. The motion
was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
~ Ordinance amendinq ChaÞter 7. Buildinq Requlations.
of the Roanoke County Code by the Amendment and Reenactment of
Section 7-71. Buildinq or Demolitions: and by the reÞeal of
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Sections 7-72. Electrical: 7-73. Mechanical: and 7-74. Plumbinq:
and the reenactment of a new Section 7-72. Trade Permits. to
Þrovide for a new Þrocedure to calculate fees for certain Þermits.
Director of Development and Inspections Arnold Covey
reported that Roanoke County has been calculating permit fees based
on the number of fixtures or equipment being installed which was
confusing to the contractors and citizens. The staff has developed
a new fee schedule for permits based on a percentage of the
building construction cost which is similar to the building permit
fee structure.
In response to a question from Supervisor McGraw, Mr.
Covey advised that the staff has met with the Homebuilders
Association and General Contractors and they are in agreement with
the changes. The second reading and public hearing will be April
23, 1991.
Supervisor Nickens moved to approve first reading of the
ordinance. The motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
IN RE:
SECOND READING OF ORDINANCES
h Ordinance amendinq ChaÞter 21. Taxation. of the
Roanoke County Code by the addition of Section 21-5. Admissions
Tax. Section 21-6 Collection of Admission Taxes: Records. Section
21-7 Enforcement: Penalties. Violations.
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April 9, 1991
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County Attorney Paul Mahoney reported that he had
received several letters from those impacted expressing concern
about the ten percent admissions tax which is higher than
surrounding localities.
Mr. Hodge reminded the Board that the
1991-92 budget is balanced using a ten percent figure.
The following citizens spoke in opposition to the
admissions tax, particularly at 10% because it would negatively
impact County entertainment facilities.
1. Connie Hausman, Dixie Caverns. 6020 Oriole Lane
2.
RaYmond Setchel,
P.
O.
Box 7179 ,
Roanoke,
representing star City Roller Skating.
3. Ray Ramsey, OlYmpic Roller Skating Center
4. Paul Whittmore, Roanoke Moose Lodge
Supervisor Robers moved to adopt the ordinance setting
the tax rate at five percent for categories C, D, and E as listed
in the ordinance.
Supervisor Eddy offered a substitute motion to set the
tax rate at 0% for category C and 5% for categories D and E. The
motion was defeated by the following recorded vote:
AYES:
Supervisor Eddy,
NAYS:
Supervisors Robers, Johnson, Nickens, McGraw.
Supervisor Robers' original motion was carried by the
following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
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NAYS:
None
ORDINANCE 4991-4 AMENDING CHAPTER 21, TAXATION OF THE
ROANOKE COUNTY CODE BY THE ADDITION OF SECTION 21-5
ADMISSIONS TAX, SECTION 21-6 COLLECTION OF ADMISSION
TAXES: RECORDS, SECTION 21-7 ENFORCEMENT: PENALTIES:
VIOLATIONS.
WHEREAS, Section 2.02 of the Charter of the County of
Roanoke authorizes the Board of Supervisors to levy and collect
taxes for admission to or other charge for any public amusement,
entertainment, performance, exhibition, sport or athletic event
within Roanoke County, which taxes may be added to and collected
with the price of such admission or other charge; and
WHEREAS, Section 58.1-3817 of the Code of Virginia, 1950,
as amended, establishes classifications of events for the purposes
of local taxation under an admissions tax; and
WHEREAS, a first reading and public hearing on this
ordinance was held on March 26, 1991; the second reading on this
ordinance was held April 9, 1991; the appropriate legal notices
having been published as required by law.
NOW, THEREFORE, BE IT ORDAINED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That Chapter 21 Taxation of the Roanoke County Code
be amended by the addition of Section 21-5 Admissions Tax; Section
21-6 Collection of Admissions Taxes: Records; and Section 21-7
Enforcement: Penalties: Violations:
Section 21-5. Admissions Tax.
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April 9, 1991
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An admissions tax is hereby levied on the price of
admissions for any public amusement, entertainment, performance,
exhibition, sport or athletic event occurring in Roanoke County in
accordance with the classification below, which tax shall be added
to and collected by the seller along with the price of admission
or other charge, as follows:
(a) Upon admissions to any event, the gross receipts of
which go wholly to a charitable purpose or purposes, at
the rate of zero (0%) percent;
(b) Upon admission to any event at a public or private
elementary, secondary or college sponsored event,
including events sponsored by a student organization
sponsored by such school and athletic events authorized
by such school at the rate of zero (0%) percent;
(c) Upon admission into any museum, botanical or similar
garden or zoo at the rate of five (5%) percent;
(d) Upon admission as a participant in any sporting
event at the rate of five (5%) percent.
(e) Upon admissions to a~l other taxable events at the
rate of five (5%) percent.
Sec. 21-6. Collection of Admissions Taxes; Records
(a) Every seller of admission to an event with respect
to which an admissions tax is levied under Sec. 21-5 shall collect
the amount of tax imposed under that Section from the purchaser on
whom the same is levied at the time paYment for such admission
becomes due and payable, whether paYment is to be made in cash, or
its equivalent, or on credit by means of a credit card or
otherwise. The amount of tax owed by the purchaser shall be added
to the cost of the admission by the seller who shall pay the taxes
collected to the County as provided in this Section. Taxes
collected by the seller shall be held in trust by the seller until
remitted to the County.
(b) Every seller of admissions with respect to which a
tax is levied under Section 21-5 shall make out a return, upon such
forms and setting forth such information as the Commissioner of the
Revenue may prescribe and require, showing the amount of admissions
collected and the tax required to be collected, and shall sign and
deliver such return to the Treasurer of Roanoke County with a
remittance of such tax. Such return and remittance shall be made
on or before the twentieth (20th) day of each month, covering the
amount of tax collected during the preceding month.
(c) It shall be the duty of any seller of admissions
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liable for collection and remittance of the taxes imposed by Sec.
21-5 to keep and preserve for a period of three years records
showing all purchases for events in the county and identifying the
price charged against each purchaser with respect to each
admission, the date thereof, the taxes collected thereon and the
amount of tax imposed and collected hereunder. The Commissioner of
the Revenue shall have the power to examine such records at
reasonable times and without unreasonable interference with the
business of the seller, for the purpose of administering and
enforcing the provision of this Section and to make copies of all
or any parts thereon.
(d) Whenever any seller required to collect and pay to
the County a tax under this Section shall cease to operate or
otherwise dispose of his business, any tax payable under this
Section shall become immediately due and payable and such person
shall immediately make a return and pay the tax due.
(e) For the purpose of compensating sellers for the
collection of the tax imposed by Sec. 21-5, every seller shall be
allowed three (3) percent of the amount of the tax due and
accounted for in the form of a deduction on this monthly return;
provided, the amount due is not delinquent at the time of paYment.
Sec. 21-7.
Enforcement; Penalties; Violations.
(a) The Commissioner of the Revenue shall promulgate
rules and regulation for the interpretation, administration and
enforcement of Sections 21-5 and 21-6. It shall also be the duty
of the Commissioner to ascertain the name of every seller liable
for the collection of the tax imposed by Sec. 21-5, who fails,
refuses or neglects to collect such tax or to make the returns and
remittances required by Section 21-6. The Commissioner shall have
all of the enforcement powers as authorized by Article 1, Chapter
31 of Title 58.1 of the Code of Virginia, 1950, as amended, for
purposes of this Article.
(b) If any seller, whose duty it is to do so shall fail
or refuse to collect the tax imposed Sec. 21-5 and to make within
the time provided in Sec. 21-6, the returns and remittances
mentioned in said Section, the Commissioner shall proceed in such
manner as he may deem best to obtain facts and information on which
to base his estimate of the tax due. As soon as the Commissioner
shall procure such facts and information as he is able to obtain
upon which to base the assessment of any tax payable by any seller
who has failed or refused to collect such tax and to make such
return and remittance, he shall proceed to determine and assess
against such seller the tax and penalties provided for by these
Sections and shall notify such seller, by registered mail sent to
his last known place of business, of the total amount of such tax
and penalties and the total amount thereof shall be payable with
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April 9, 1991
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ten (10) days from the date such notice is sent.
(c) If any seller whose duty it is to do so shall fail
or refuse to file any return required by Sec. 21-6 or to remit to
the Treasurer of Roanoke County the tax require to be collected and
paid under Sec. 21-5 within the time and in the amount specified
in these Sections, there shall be added to such tax by the
Commissioner of the Revenue of Roanoke County a penalty in the
amount of ten (10) percent if the failure is not for more than
thirty (30) days, with an additional ten (10) percent of the total
amount of tax owed for each additional thirty (30) days or fraction
thereof during which the failure continues, not to exceed twenty-
five (25) percent in the aggregate, with a minimum penalty of two
dollars ($2.00). In the case of a false or fraudulent return with
the intent to defraud the County of any tax due under these
Section, a penalty of fifty (50) percent of the tax shall be
assessed against the person required to collect such tax.
(d) It shall be unlawful and a violation of this Chapter
for any person to fail, refuse or neglect to comply with any
provision of Sections 21-5 and 21-6. Such violation shall
constitute (i) a Class 3 misdemeanor if the amount of tax levied
or assessed in connection with any return required by these
Sections but unpaid as of the date of conviction is $1,000.00 or
less, or (ii) a Class 1 misdemeanor is the amount of tax levied or
assessed in connection with any return required b~these Sections
but unpaid as of the date of conviction is more than $1,000.00.
(e) Conviction of such violation shall not relieve any
person from paYment, collection or remittance of the taxes provided
for in Section 21-5 and 21-6. Any agreement by any person to pay
the taxes provided for in these Sections by a series of installment
paYments shall not relieve any person of criminal liability for
violation of these Sections until the full amount of taxes agreed
to be paid by such person is received by the Treasurer of Roanoke
County. Each failure, refusal, neglect or violation, and each day's
continuance thereof, shall constitute a separate offense.
2. That this ordinance shall be in full force and
effect from and after May 1, 1991.
On substi tute motion of Supervisor Robers to adopt
ordinance with categories C, D, and E, at 5%, and carried by the
following recorded vote:
AYES:
Supervisors Eddy, RObers, Johnson, Nickens, McGraw
NAYS:
None
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April 9, 1 qql
~ Ordinance authorizinq the acquisition of a 0.108
acre Þarcel of land from Mamie E. Webster for the Bushdale Road
Rural Addition Proiect.
Mr. Mahoney reported that Mamie E. Webster did not agree
to donate the necessary parcel to the County, and therefore, the
County has obtained an appraisal of $1,473.00 which Ms. Webster has
agreed to accept.
Assistant Director of Engineering George Simpson updated
the Board on progress regarding Bushdale Road and advised that the
main problem is the Bush property.
Supervisor Nickens requested that this issue be discussed
in Executive Session because of potential litigation in the matter.
There was no vote and the issue was to be taken up on April 16,
1991.
IN RE: APPOINTMENTS
.L. Roanoke Valley Reqional Solid Waste Manaqement Board
Chairman McGraw asked for recommendations for appointment
to be brought back to the Board on April 23. Mr. Mahoney advised
that he would revise the residency policy so that staff may be
appointed to committees, commissions and boards regardless of their
residency. An amended resolution will be brought before the Board
of Supervisors on April 23, 1991.
IN RE: CONSENT AGENDA
R-4991-S
Supervisor Johnson moved to adopt the Consent Agenda.
The motion was carried by the following recorded vote:
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April 9, 1991
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AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
AGENDA
RESOLUTION 4991-5 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS
AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT
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 April 9, 1991, 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 9, inclusive, as follows:
1. Approval of Minutes - March 12, 1991.
2. Confirmation of Committee Appointments to the
Transportation and Safety Commission.
3. Request for acceptance of Valleypark Drive into
the Va. Department of Transportation Secondary
System.
4. Acknowledgement from Va. Department of
Transportation of acceptance of Arabian Lane
and Filley Court into the Secondary System.
5. Request for approval of a Raffle Permit - Cave
Spring Jaycees.
6. Request for approval of a Raffle Permit - Loyal
Order of Moose Lodge #284.
7. Donation of sanitary sewer and drainage
easements in connection with Glade Hill Estates
Subdivision.
8. Donation of water line easement in connection
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with Forest Edge Subdivision.
9.
Donation of easements in
Colonnade Corporate Center
Companies, Ltd.
connection with
II from Hobart
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, and carried by the
following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
RESOLUTION 4991-S.b REQUESTING ACCEPTANCE OF
VALLEYPARK DRIVE 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 Valleypark Drive,
from the intersection with Valleypointe Parkway to the cUl-de-sac,
for a distance of 0.22 miles, 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 road have heretofore
been dedicated by virtue of a certain map\maps known as
Valleypointe which maps were recorded in Plat Book 11, Page 46, and
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Plat Book 12, Page 33, of the records of the Clerk's Office of the
Circuit Court of Roanoke County, Virginia, on November 1, 1988 and
November 13, 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 right-of-way for drainage.
3. That said road known as Valleypark Drive and which
is shown on a certain sketch accompanying this Resolution, be, and
the same is hereby established as a public road to become a part
of the state Secondary System of Highways in Roanoke County, only
from and after notification of official acceptance of said street
or highway by the Virginia Department of Transportation.
On motion of Supervisor Johnson to adopt resolution, and
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUPERVISOR EDDY: (1) Asked the County Attorney when the
new County Code will be available. Mr. Mahoney responded he will
check with the company and report back.
(2)
Asked about the
utility Rate and Feasibility Study. Mr. Hodge responded that the
study will be brought to the Board following completion of the
budget process. (3 )
Congratulated the County staff on County
Government Day activities held at Tanglewood Mall and asked for a
report on expenses.
SUPERVISOR JOHNSON: Asked for a report on the status of
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April 9. 1991
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the Board of Equalization including information such as the number
of cases they heard and how many assessments were revised.
SUPERVISOR ROBERS:
(1)
Thanked the staff for County
Government Day. (2) Reported on the "Smart" Highway progress.
SUPERVISOR MCGRAW (1) Announced that the VACo Board of
Directors will meet on April 12-14, 1991 at the Holiday Inn-
Tanglewood, and that the Blue Ridge Region will meet at Virginia
Tech on April 12, 1991.
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
1. Bettv Burke. Mental Health Services of the Roanoke
Valley spoke in support of the continuation of the Roanoke County
Therapeutics Program.
Supervisor Nickens responded that he supported the
program but felt that other Roanoke Valley local governments should
assist in funding because their residents participated in the
program.
IN RE:
REPORTS
Supervisor Johnson moved to receive and file the
following reports. The motion carried by a unanimous voice vote.
1. Board Contingency Fund
2. General Fund Unappropriated Balance
IN RE:
WORK SESSION
h Peer Review Study
County Administrator Elmer Hodge introduced Sim Ewing
from the Center for Public Service of the University of Virginia
who reviewed the results and recommendations of the Peer Review
Study.
He advised that their primary recommendation was the
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April 9, 1991
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establishment of an overall concept of what the Board wants to
achieve for the County with clearly defined goals and objectives.
They further recommended the merger of Finance and Management and
Budget as well as closer coordination with the Treasurer and
Commissioner of Revenue.
In response to a question from Supervisor Eddy, Mr. Ewing
advised that in followup studies they would like to talk to
additional staff to gather more indepth information.
Mr. Ewing recommended a strategic planning session for
the Board members to establish goals and objectives.
Mr. Hodge
suggested a three day session, but Supervisor Eddy suggested a one-
day session without a facilitator. Supervisor Nickens agreed that
three-days was too long, but that one day might not be enough.
Mr. Ewing advised he would be available to answer any
other questions the Board might wish to ask.
~ TheraÞeutics Proqram
Mr.
Hodge
presented
the
report
describing
the
therapeutics program, related budget information and participation
levels from surrounding localities. He recommended the use of fees
to continue the program with no decrease in service levels.
Supervisor Nickens responded that his concern was that
all participating governments pay their share for the participation
of their citizens and noted that Roanoke County funds $100,000 to
this program. He suggested that a letter be sent to each locality
aSking that they contribute funds based on their use of the
service.
.L.. BUdqet
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April 9, 1Q,)1
Mr. Hodge reported that the schools would receive less
money from the state than originally thought. The proposed budget
was balanced with a real estate tax rate of $1.13 and the two major
remaining issues are the funding for a fire truck and ambulances
and the two-year budget proj ections. He presented recommended
changes to the proposed budget which would bring it into balance.
Mr. Hodge presented the two-year budget projections for
1991-92 and 1992-93 including revenues, expenditures, and
unresol ved issues. In response to a question from Supervisor
Johnson, Mr. Hodge explained that salary increases were included
for county employees from the half-share of increased revenues
allocated to the County. The school also received half of the
increased revenues and could use those funds for their salary
increases if they choose.
Following discussion, Mr. Hodge advised that the
projected deficit for 1992-93 is between $3 million and $4 million
and he would present a reformatted proposed two-year budget as the
Board requested at the next budget work session. Mr. Hodge asked
for direction on the tax rate and funding of early retirement, and
purchase of the f ire truck and ambulances. There was board
consensus to defer the lease-purchase of the fire truck and
ambulances, and to fund early retirement for public safety
employees. He recommended bringing the budget to the Board for
adoption at the April 16 meeting. Supervisor Eddy responded that
he still had questions and felt more time was needed to discuss the
budget before taking action. The Board concurred and Chairman
McGraw suggested a work session on April 16 to respond to all board
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April 9, 1991
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members questions.
Following discussion, the work session was
scheduled for 4:00 p.m.
IN RE:
EXECUTIVE SESSION
At 6:23 p.m., Supervisor Nickens moved to go into
Executive Session pursuant to the Code of Virginia 2.1-344 (a) (7)
to discuss potential litigation regarding Bushdale Road and
potential litigation regarding the Town of vinton. The motion was
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-4991-6
At 7: 10 p. m., following a dinner recess, Supervisor
McGraw moved to return to Open Session and adopt the Certification
Resolution. The motion was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
RESOLUTION 4991-6 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
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203 ~
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
identif ied 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 McGraw, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
EVENING SESSION
Q. PUBLIC HEARINGS
491-1 Public Hearinq to set the real estate tax rate
of not more than $1.13 Þer $100 assessed
valuation.
R-4991-7
No citizens were present to speak.
Supervisor Nickens moved to set the real estate tax rate
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April 9, 1991
:
at $1.13 per $100 of assessed valuation. The motion was carried
by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
RESOLUTION 4991-7 SETTING THE TAX RATE ON REAL
ESTATE SITUATE IN ROANOKE COUNTY FOR THE
CALENDAR YEAR 1991
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, that the levy for the twelve-month period
beginning January 1, 1991, and ending December 31, 1991, be, and
hereby is, set for a tax rate of $1.13 per one hundred dollars of
assessed valuation on all taxable real estate and mobile homes
classified by Sections 58.1-3200, 58.1-3201, and 58.1-3506.B of the
Code of Virginia (1950), as amended, situate in Roanoke County.
On motion of Supervisor Nickens, and carried by the
following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
491-2
PUblic Hearinq to set the Þersonal ÞroÞerty tax
rate of not more than $3.50 Þer $100 assessed
valuation.
R-4991-8
There were no citizens to speak to this issue.
Supervisor Johnson moved to adopt the personal property
tax rate at $3.50 per $100 assessed valuation.
The motion was
carried by the following recorded vote:
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. April 9, 1 ')')1
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
491-3
Public Hearinq to set the machinery and tools
tax rate of not more than $3.00 Þer $100
assessed valuation.
R-4991-8
There were no citizens present to speak on this issue.
Supervisor Robers moved to set the machinery and tools
tax rate at $3.00 per $100 assessed valuation.
The motion was
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
RESOLUTION 4991-8 SETTING THE TAX LEVY ON ALL
CLASSES OF PERSONAL PROPERTY SITUATE IN ROANOKE
COUNTY FOR THE CALENDAR YEAR 1991
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia as follows:
1. That the levy for the twelve-month period beginning
January 1, 1991, and ending December 31, 1991, be, and hereby is, set for
a tax rate of $3.50 per one hundred dollars of assessed valuation on all
taxable, tangible personal property, excluding all those classes of
household goods and personal effects as are defined in Sections 58.1-
3504 and 58.1-3505 of the Code of Virginia, as amended, but including the
property separately classified by Sections 58.1-3500, 58.1-3501, 58.1-
3502, 58.1-3506 in the 1950 Code of Virginia, as amended, located in this
County on January 1, 1991, and tangible personal property including the
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April 9, 1991
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property separately classified by Sections 58.1-3500, 58.1-3501, 58.1-
3502, 58.1-3506 in the 1950 Code of Virginia, as amended, of public
service corporations based upon the assessed value thereof fixed by the
state Corporation Commission and duly certified.
2 That there be, and there hereby is, established as a
separate class of personal property in Roanoke County those items of
personal property set forth in Sections 58.1-3507 of the 1950 Code of
Virginia, as amended, and generally designated as machinery and tools.
3. That the levy for the twelve-month period beginning
January 1, 1991 and ending December 31, 1991, be and hereby is, set for
a tax rate of $3.00 per one hundred dollars of assessed valuation on all
taxable, tangible personal property as herein established as a separate
classification for tax purposes and as more fully defined by Sections
58.1-3507 of the Code of Virginia, as amended, and generally designated
as machinery and tools.
On motion of Supervisor Johnson to set the personal property
tax rate at $3.50, and carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
On motion of Supervisor Robers to set the machinery and
tools tax rate at $3.00, and carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
491-4
PUblic Hearinq to receive written and oral comment
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207
concerninq the ÞroÞosed annual bUdqet for fiscal
year 1991-92.
The following citizens spoke regarding the proposed budget
for 1991-1992:
1. stuart Israel. TRUST. 3244 Ammen Road. Fincastle
expressed appreciation for full funding of TRUST. He also spoke on
behalf of the Mental Health Services of the Roanoke Valley RASAC program
for drug and alcohol abuser and requested additional funding.
2. Rita Gliniecki, 5217 Hawkbill circle. S. W., Roanoke
County's representative on the Mental Health Services of the Roanoke
Valley spoke in support of increased funding for MHSRV.
3. June Poe. 3239 Lonqhorn Road. Alliance for the Mentally
III requested increased funding for Mental Health Services of the Roanoke
Valley.
4. Judy Mason, P. O. Box 2868. Roanoke. Director of Program
Development for Total Action Against Poverty (TAP) expressed appreciation
to Roanoke County for the use of the General Services Building for TAP's
food bank and the level funding commitment for 1991-92.
5. Daniel V. Dean, 23 25th Street. Roanoke. affiliated with
the TAP Transitional Living Center expressed appreciation for the level
funding of TAP.
6. Ms. B. J. Preas and Mr. Jere Huqqin, requested financial
support for the Mill Mountain Theater.
7. Heidi Krisch. 5129 Crossbow circle. asked for continued
funding of the Roanoke SYmphony.
8. Stanley T. BroskY. 5117 Reminqton Road. expressed
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April 9, 1991
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appreciation for continued support of the Virginia Transportation Museum.
9 . Anita Cronise, 479 0 PennsYlvania Avenue, requested
funding for the Multiple Sclerosis Society.
10. Tom and Maureen Woods, 2615 Dovetail Circle, spoke in
support of continued funding for the Therapeutics Program and the summer
playground program.
11. Nancy Proffitt, 8007 June Drive. requested increased
funding to provide services to the mentally ill.
IN RE:
PUBLIC HEARING AND FIRST READING OF ORDINANCES
491-5 Ordinance establishinq maqisterial districts for
the County of Roanoke and Þrovidinq for an
effective date of this ordinance.
County Attorney Paul Mahoney reported that a commi ttee
consisting of Director of Planning and Zoning Terry Harrington, Registrar
Elizabeth Leah and himself developed a five magisterial district
redistricting plan. The committee offered several options including an
at-large chairman and six districts. Their chosen option puts the North
Lakes sUbdivision into the Catawba Magisterial District. There were
other minor changes using the primary highways as dividing lines. He
advised that the citizens in the Bonsack area are concerned about the
community being split between the Hollins and Vinton Districts. However,
Vinton is below the ideal population and they ~ade their decisions to
meet the criteria for population division among the districts and the
continued use of existing precincts.
April 9, 19(11
209
The following citizens spoke in opposition to the division of the
Bonsack Community between the Hollins and Vinton Magisterial Districts.
The supported a change to the redistricting plan which would allow the
entire community to be in one district:
1. Don Terp, 4140 Appletree Drive
2. Ray Scher, 2360 E. Ruritan Road
3. Emory RObinson, 4037 Cook Creek Road
4. Charles Millican, 2615 Summit Ridge Road
5. J. K. Rader, 3023 Ruritan Road
6. Lou Radar, 3023 Ruritan Road
Chairman McGraw also read a letter from Lee Blair, 7713 Old
Mill Forest, expressing support for a five member board with the chairman
elected at large.
Supervisor Johnson advised that he felt that the Bonsack
Community should be part of the Vinton Magisterial District because of
their community of interest and the fact that their children attend
schools in Vinton. Mr. Mahoney responded that this change would not keep
the populations equal among the five districts. He further stated that
the Justice Department studies the population deviations when reviewing
the plan and might not accept the plan with this change.
Mr. Mahoney advised that he would bring back the plan to
the second reading with the following changes: (1) keep the Bonsack
community together, in Vinton if possible, and (2) rearrange Mount
Pleasant if necessary to meet the population criteria.
Supervisor Eddy asked that the Board consider a seven member
plan with an at-large member. Supervisor McGraw asked for consideration
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April 9, 1991
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on the possibility of changing the name of the Catawba District to the
Fort Lewis District which he felt more accurately reflected the
community.
Supervisor Nickens moved to approve the first reading of the
ordinance. The motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
IN RE: ADJOURNMENT
At 9:30 p.m., Supervisor Nickens moved to adjourn.
The motion was
carried by a unanimous voice vote.
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Steven A. McGraw, Chairman
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