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HomeMy WebLinkAbout4/9/1991 - Regular April 9, 1991 18 3 - 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. ,a 4 April 9, 1991 - 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 18 5 = 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 18 6 April 9, 1991 - = 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 - April 9, 1qq, 18 7 = 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 18 8 April 9, 1991 = 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 18 9 ~ April 9. 1991 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. 19 0 April 9, 1991 = - - 0-4991-4 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. 8 19 1 - A pr i 1 q I 1 q Q 1 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. ~l9 2. April 9, 1991 - 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 19 3 - Apr i ] 9, 1 q q 1 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 19 4 April 9, 1991 = - 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 19 5 - 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: 19 6 " April 9, 1991 = - 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 19 7 - April 9, 1991 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 19 8 = April 9, 1991 - = - 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 19 9 - April 9. 1991 - 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 20 0 ~ April 9, 1991 = - - 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 20 1 - 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 202 April 9, 1991 - '--- 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 - l\pril '), 1')')1 203 ~ 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 204 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: 205 . 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 206 April 9, 1991 - 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 - l\pri 1 '), ] 991 207 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 208 April 9, 1991 = 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 210 April 9, 1991 = 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. ~~á-~~~ Steven A. McGraw, Chairman 211 .