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HomeMy WebLinkAbout10/8/1985 - Regular ~ 17,', '" è ::i ö il Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24015 October 8, 1985 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 second regularly scheduled meeting of the month of October, 1985. IN RE: CALL TO ORDER I Chairman McGraw called the meeting to order at 3:15 p.m The roll call was taken. MEMBERS PRESENT: Chairman Steven A. McGraw; Vice-Chairman Athena E. Burton; Supervisors Harry C. Nickens, Gary J. Minter, and Alan H. Brittle MEMBERS ABSENT: None IN RE: CONSENT AGENDA Supervisor Burton requested that Items 1, 2, 3, and 8 be removed from the Consent Agenda for discussion. Item 1 - Operation of the Water System at Fallinq Creek I Estates - Supervisor Burton inquired about the consequences to the County as this permit has been revoked. John Hubbard, Superintendent of the Department of Public Facilities, reported that there would be no consequences since only the name has been changed. I~ ~ 1991 October 8, 1985 Item 2 - Fundinq for Geoqraphic Information System - Supervisor Burton also inquired about needs for additional funding in order to complete the project. County Attorney and I Acting County Administrator, Paul Mahoney, reported that Rob stalzer, Director of Planning, has informed him that the project can be completed with the remaining funds. Item 3 - Report on Land Use Manaqement Advisory Board - Supervisor Burton requested that this Board be directed to "oversee the final preparation" instead of "having input into" the Future Land Use Plan. Item 8 - Public Hearinq for the Proposed Hiqhway proiect on Route 692 - The Board concurred to go forward to endorse and support this project. Mr. Hubbard reported that the Highway Department needs to know if the Board of Supervisors desire to have a public hearing. He also reported that the only benefit of the Board holding a public hearing would be to let thE I citizens know that this project is being planned. Supervisor Burton reported that she felt that there was no need to hold a public hearing since she has already mailed her notification frorr the Highway Department to the Sugar Loaf Hills Citizens Group. Supervisor Burton moved to approve the Consent Agenda with the deletion of Item 3. RESOLUTION NO. 85-176 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM B - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain section of the agenda of the I Board of Supervisors for October 8, 1985, designated as Item B - Consent Agenda be, and hereby is, approved and concurred in as tc each item separately set forth in said section designated Items 1 through 11, inclusive, as follows: ~ ~ 200 October 8, 1985 1. Letter dated September 17, 1985 from Allen R. Hamm r, Department of Health concerning the operation of tle water system at Falling Creek Estates. I 2. Request to redistribute funds allocated for Geogra hie Information System to to fund personnel for the La d Use Plan. 3~ Repef~ eft ~aftð 8se Mafta~effieft~ Að~±sefY Beafð~ 4. Report on standardization of Word and Data Process ng Equipment. 5. Bid Report on Emergency Telephone Service E-911. - Resolution. 6. Appropriation Resolution to fund refuse deficit fo year ending June 30, 1985. - Appropriation Resolution. 7. Letter dated September 25, 1985 from E. C. Dunbar, Roanoke Gas Company attaching order for public hea in~ to increase rates. 8. Letter dated September 20, 1985 from B. W. Sumpter Department of Highways & Transportation concerning a public hearing for the proposed highway project on Route 692. I 9 . Resolution No. 717 from the Town of vinton establi hir an independent E911 System. 10. Letters of Support for Roanoke County's legislativ proposal to prohibit any form of annexation from t e County of Charles City, Southampton County, County of Rockbridge and Rockingham County. 11. Report and Appropriation Resolution to fund professional printing of the comprehensive Annual Report for the year ending June 30, 1985. - Appropriation Resolution. 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 Burton to approve the Consent Agenda with I the deletion of Item 3 and the following recorded vote: AYES: Supervisors Burton, Nickens, Minter, Brittle, and McGraw NAYS: None RESOLUTION 85-176.A ACCEPTING AN OFFER TO PROVIDE A COMPLETE E911 EMERGENCY COMMUNICATIONS SYSTEM FOR ROANOKE COUNTY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: ~ 20 1 October 8, 1985 1. That the offer of C & P Telephone Company in an amount not to exceed $121,710.95 to provide a complete E911 emergency communications service for the citizens of Roanoke I County is hereby accepted; and 2. That it has been determined that the Chesapeake an< Potomac Telephone Company is the sole source practicably available for the acquisition of this system. There is no other ! source available for local total telephone service and I approximately eighty percent (80%) of the E911 system equipment must be acquired from C & P Telephone Company; and 3. That Roanoke County desires to acquire a complete E911 system from one vendor. Acquisition for a complete system will allow for accountability, responsibility and liability for failure or defect to be easily ascertained. On motion of Supervisor Burton and the following recorded vote: AYES: Supervisors Burton, Nickens, Minter, Brittle, and McGraw I NAYS: None Resolution Number 85-176.B On motion made by Supervisor Burton, the General Appropriation Resolution of Roanoke County, Virginia, adopted June 14, 1984 be, and is the same hereby amended as follows to becane effective as of the date of the adoption of this resolution. DESCRIPTION ACCOUNT NUMBER INCREASE (DæREASE Class: Fund: Dept. : Expenditures General Transfer to Refuse unappropriated Balance 03-6-09396-90096 03-6-99999-99999 $ 420,000 (420,000 Class: Fund: Dept. : Dept. : Object: Revenues utility Transfer from General 92-5-51030-00000 420,000 Non-Departmental - Refuse Unappropriated Balance 92-6-09106-99999 420,000 I To record transfer from General Fund to cover deficit in Refuse Operations for the year ended June 30, 1985. On motion of Supervisor Burton and the following recorded vote: AYES: Supervisors Burton, Nickens, Minter, Brittle, and McGraw - ~ ~ ~~u ~ October 8, 1985 NAYS: None Resolution Number 85-176.C I On motion made by Supervisor Burton, the General Appropriation Resolution of Roanoke County, Virginia, adopted June 11, 1985 be, and is the same hereby amended as follows to become effective as of the date of the adoption of this resolution. DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Class: Fund: Dept. : Expenditures General Superintendent of Fiscal Management Printed Forms 03-6-01214-0-30061 $ 2,400 Object: Dept. : Unappropriated Balance 03-6-99999-0-99999 (2,400) To appropriate funds to professionally print the Comprehensive Arlnual Financial Report (CAFR) for the year ended June 30, 1985. On motion of Supervisor Burton and the following recorded vote: AYES: Supervisors Burton, Nickens, Minter, Brittle, and McGraw I NAYS: None IN RE: WORK SESSIONS I 1. Fair Labor Standards Act As It Applies to Fire Fiqhters and Law Enforcement Personnel - Tommy Fuqua, Fire and Emergency Services Coordinator, reported that he is in disagreement with the section of the Fair Labor Standards Act that states a career firefighter cannot volunteer. He also reported that he has learned that a bill has been passed in Congress which will be attached to the Fair Labor Standards Act which prohibits the wage and hour board from enforcing the Fair Labor Standards Act as it applies to local government until November 15. Mr. Fuqua recommended that the Board change Alternative 5 to allow the career firefighters to remain a member of the volunteer company and be allowed to respond to these calls on off-duty hours and be placed on the 171-28 day cycle. Mr. Fuqua also reported that the salary of the firefighters would remain the same. Supervisor Burton moved to spread an appropriation resolution to accept recommendation 5 with the appropriate changes. RESOLUTION 85-182 CONCERNING CAREER FIRE PROTECTION PERSONNEL, FAIR LABOR STANDARDS ACT AND WORK SCHEDULES BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of the Fair Labor Standards Act, the County is empowered to exercise certain r--- ~ ~ 208 "14 October 8, 1985 management/employee rights concerning the establishment of work schedules, in particular a Section 7 (k) exemption for fire protection and law enforcement personnel; and 2. That in order to allow career fire protection I personnel of Roanoke County to continue to be active, participating members of volunteer fire companies and to continuE the close working relationship, cooperation, and understanding between career and volunteer fire protection personnel, and at the request and with the support of the Roanoke County volunteer chiefs, it is hereby determined to compensate career fire protection personnel for and performance in support of volunteer~ during off-duty hours; and 3. That career fire protection personnel are hereby placed on a twenty-eight (28) day work schedule consisting of 17 hours; and 4. That the Coordinator of Fire and Emergency Service~ I is hereby authorized to prepare and enforce certain regulations to implement this change in work schedule for career fire protection personnel; and 5. That the Board of Supervisors concurs in the establishment of a twenty-eight (28) day work schedule consistinc of 171 hours for law enforcement personnel; and 6. That the General Appropriation Resolution of Roanoke County, Virginia, adopted June 11, 1985 be, and the same is hereby, amended as follows to become effective as of the date of the adoption of this resolution. INCREASE I DESCRIPTION ACCOUNT NUMBER (DECREASE) Class: Fund: Dept: Center: Object: Expenditure General Fire Fire Suppression Overtime FICA-Employers Contribution 03-6-03201-2-10020 03-6-03201-2-20010 $20,000 1,410 ~ ~ October 8, 1985 ~G4 Dept: Unappropriated Balance 03-6-99999-0-99999 ($21,410) To appropriate additional overtime funds for Fire Suppression personnel. I On motion of Supervisor Burton and the following recorded vote: AYES: Supervisors Burton, Nickens, Minter, Brittle, and McGraw NAYS: None 2. Report on Funding of Emergency Medical Services During Daylight Hours - County Attorney and Acting County Administrator, Paul M. Mahoney, reported that he and John Chambliss, Superintendent of Fiscal Management, have been meeting to find extra funds from the budget to fund this service. He presented the Board with an outline of several alternatives (a copy is included in the packet of the Deputy Clerk) but he does not recommend that the Board approve any of them. Supervisor Burton felt that she had not obtained enough I information on the alternatives. Supervisor Nickens reported that he felt that there would be no problem in cutting office equipment funds in the budget if this service would mean a quicker response to to emergency situations. Supervisor Nickens inquired about the funds previously set aside for Air Pollution Control since that department has been abolished. He also suggested that staff review the budget by line item in search of additional funds. Supervisor Brittle reported that he would like to support this service but must see more figures. Supervisor Burton suggested that each Superintendent prepare a list of programs and projects for scrutiny and possible cut with recommendations of which programs the Superintendents I would rather see cut from the budget. She also suggested that the Board release a memo to all departments that unless a matter is an emergency, it not be brought before the Board for funding from the unappropriated balance. Supervisor Burton also suggested that the County delay the hiring of the Internal Auditor. r--- ~ ~ a05 October 8, 1985 Chairman McGraw directed John Chambliss to develop a list to be presented at the October 22, 1985, Board of Supervisors meeting, as suggested by Supervisor Burton. Supervisor Minter suggested the imposition of a trash collection fee. The Board also directed Tommy Fuqua and Mark Light, Fire and Emergency Services Training Director, to present a report on October 22, 1985, of maximum costs. I IN RE: REPORTS OF OFFICERS, DEPARTMENTS AND COMMITTEES 1. Department of Public Facilities - John Hubbard, Superintendent of the Department of Public Facilities, requested that his scheduled report on accepting Cherokee Hills Drive into the Secondary System of the Virginia Department of Highways and Transportation be held over to October 22, 1985. The Board concurred with his suggestion. Mr. Hubbard also presented a request for reimbursement by Creative Construction for the new Courthouse utility bills. He reported that the County has been charged for one-half of the month of March since employees were at the building preparing for the dedication. The Board directed Mr. Hubbard to negotiate on the April, 1985, bill. Mr. Hubbard also presented the Board with a cost comparison of curbside and backyard refuse collection. Supervisor Minter suggested that the County offer backyard service to the handicapped and the elderly. Mr. Hubbard reported that the homes would be identified by paint on the curb and that the driver of each truck would alsc have a map as to which homes received backyard service. Supervisor Burton moved to proceed with premium refuse collection service to be charged at $5.00 per month up to 100 feet from curb and that a fee schedule for distances over 100 feet be developed by the Public Facilities Department with an I I - ~ ~ October 8, 1985 ()n un application fee of $20.00. The motion carried by the following roll call vote: I AYES: Supervisors Burton, Nickens, Minter, Brittle, and McGraw NAYS: None 2. Department of Development - Mr. Timothy Gubala, Superintendent of the Department of Development, reported that his report on cleanout boxes can be handled administratively and that there is no need for it to be placed on future agendas. 3. Personnel Department - No report. 4. Department of Fiscal Management - No report. 5. County Attorney - Paul Mahoney, County Attorney, requested that his report be held until the Executive Session is over. IN RE: EXECUTIVE SESSION I Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 (a) (1) (2) (4) and (6). IN RE: OPEN SESSION Supervisor Nickens moved to return to Open Session at 5:48 p.m. The motion carried by a unanimous voice vote. IN RE: RECESS Chairman McGraw called for a dinner recess at 5:50 p.m. IN RE: CALL TO ORDER Chairman McGraw called the meeting to order at 7:11 p.m I The roll call was taken: MEMBERS PRESENT: Chairman Steven A. McGraw; Vice Chairman Athena E. Burton; Supervisors Harry C. Nickens, Gary J. Minter, and Alan H. Brittle MEMBERS ABSENT: None IN RE: OPENING CEREMONIES r 07 October 8, 1985 The invocation was given by the Reverend William E. Eicher of poages Mill Church of the Brethren. The Pledge of Allegiance was recited by all present. I IN RE: PROCLAMATIONS, RESOLUTIONS AND AWARDS Chairman McGraw presented a proclamation declaring October 19-26 as Virginia Textile Week. PRO C LAM A T ION WHEREAS, the textile industry, the apparel industry and fiber producers constitute one of the state's leading employers; and WHEREAS, the textile, fiber and apparel industries employ 94,450 Virginians among which are counted 1460 residents from thE Roanoke Valley; and WHEREAS, textile employees continually demonstrate an unwavering commitment to producing a product of the highest quality and value; and WHEREAS, textiles are used to make clothing, home furnishings, tires, spacecraft and artificial arteries; and WHEREAS, a group of concerned citizens of this state have begun a campaign to encourage area citizens to buy American-made products; and WHEREAS, a "Crafted with Pride in U.S.A." campaign is being undertaken for the purpose of helping to moderate the growth of imports which cause shrinking production and lost jobs including 340 in the Roanoke Valley within the last year; and WHEREAS, we recognize that citizens should, whenever possible, buy textile and apparel products "Crafted with Pride ir U.S.A." to help preserve an important partner in Virginia's welfare. I I ~ -.., October 8, 1985 ri) f:} ,-<¡;¡;1 V' R NOW, THEREFORE, I, Steven A. McGraw, Chairman of the Roanoke County Board of Supervisors, do hereby recognize the week of I October 19-26, 1985 as TEXTILE WEEK and I urge all our citizens to join in recognizing the contributions the textile industry has made to the quality of life in Roanoke County. Supervisor Nickens acknowledged the vinton Weaving Mill and asked the concurrence of the Board to present this proclamation to Mr. Ali Y. Kahn. The Board concurred with his request. Chairman McGraw also presented a proclamation declaring October 13 through October 19 as Virginia School Lunch Week. I PRO C LAM A T ION WHEREAS, school food service is one of the largest single segments of the food industry today; and WHEREAS, the purchases of foods and supplies for this program have a large impact on Virginia's economy; and WHEREAS, school food service not only includes school lunch programs, but a growing school breakfast program, child care programs, summer feeding programs and feeding programs for the elderly; and WHEREAS, these programs make significant contributions to I the health and well-being of our citizens. NOW, THEREFORE, I, Steven A. McGraw, Chairman of the Roanoke County Board of Supervisors, in conjunction with Governor Charles Robb, do proclaim the week of October 13-19, 1985 as VIRGINIA SCHOOL LUNCH WEEK as a part of National School Lunch Week. r--- ~ ~ (~, 0 9 ;0 . October 8, 1985 IN RE: PUBLIC HEARINGS Request of Ra£ford T. Jordon for a Special Exception Permit to allow a mobile home on a 12.49 acre tract with an existing dwelling, to be occupied by his daughter, Debra Hope Jordon Dixon, located approximately 1,000 feet south of the terminus of State Route 845, in the Cave Spring Magisterial District. I APPROVED Mr. Rafford Jordon and Debra Hope Jordon Dixon were present to answer any questions the Board might have. There was no one present in opposition. Supervisor Brittle moved to approve the request for a Special Exception Permit. The motion carried by the following recorded vote: AYES: Supervisors Nickens, Minter, Brittle, and McGraw ABSENT: Supervisor Burton I NAYS: None Request of Willie J. Keeling for a Special Use Permit to allow a landfill on a 12 acre tract, located on the east side of Route 615, approximately .7 miles south of the Blue Ridge Parkwayoverpass, in the Cave Spring Magisterial District. HELD OVER FOR 30 DAYS Mr. Willie J. Keeling was present to answer any questions the Board might have. He reported that he needs the tract in question for use as a parking lot for his machinery and that it is not actually a landfill. He also reported that the tires that are presently on the lot will be ground and sent out. the State Water Board has directed him to build a drainage pond. I Some tires have been thrown over the bank towards Back Creek and He intends to build the drainage pond. He also reported that he lives in the building located in the middle of the acreage in question. He is requesting that the area be approved for a ~ ~ ~ October 8, 1985 210 landfill to allow him time to clean up the area and will later apply for rezoning to Business. I Mr. Edward Keeling, Route 4, Box 297, Roanoke, Virginia, 24018, was present in opposition to this Special Use Permit. He presented a petition of neighborhood residents opposed to this request. He fills that the use of this land as a landfill will attract rats and create more traffic. He is also concerned about the traffic because the road is already too small for traffic to pass safely. Supervisor Brittle moved to hold this matter over until he has another opportunity to speak with Mr. Claude Lee of the Zoning Department for Roanoke County and Mr. Willie J. Keeling and Mr. Edward Keeling. The motion carried by the following recorded vote: AYES: Supervisors Nickens, Minter, Brittle, and McGraw I NAYS: None ABSENT: Supervisor Burton Request of James R. Stump for a Special Exception Permit to place a second mobile home on a 11.3 acre tract, with an existing dwelling, to be occupied by Mr. and Mrs. Moore, son-in-law and daughter, located on Route 624 one mile west of its intersection with Route 311 in the Catawba Magisterial District. APPROVED Mrs. James stump and Mr. and Mrs. Moore were present to answer any questions the Board might have. There was no one present in opposition. Supervisor Nickens moved to approve the request for a Special Exception Permit. The motion carried by I the following recorded vote: AYES: Supervisors Burton, Nickens, Minter, Brittle, and McGraw NAYS: None Request of Gene and Melanie Slusser for a Special Exception Permit to allow a mobile home on a 1 acre tract, to be owner occupied, located on the north side of Route 624 approximately 4.2 ----- ~ ~ 211 October 8, 1985 miles west on Route 3ll, in the Catawba Magisterial District. APPROVED Mr. and Mrs. Slusser were present to answer any I questions the Board might have. Mr. David Steger, Route l, Box 296, Catawba, Virginia, reported that he felt this would be the first request of three to place a mobile home on this same acre. He also felt that the placement of the mobile homes will create a devaluation of his land. Supervisor McGraw expressed his agreement with Mr. Steger's concerns. Supervisor Brittle moved to deny the petition. After discussion Supervisor Brittle withdrew his motion. Supervisor Nickens moved to approve the petition. The AYES: Supervisors Nickens, Minter, and Brittle I motion carried by the following recorded vote: NAYS: Supervisors Burton and McGraw Request of Calvin L. Lucas, Jr. to renew a Special Exception Permit to allow a mobile home on a l4 acre tract, located on a private road approximately 800 feet west of the terminus of Route 686, in the Catawba Magisterial District. DENIED Mr. Charlie Phillips, attorney for Mr. Calvin Lucas, was present to answer any questions the Board might have. Mr. Phillips reported that Mr. Lucas has not placed a mobile home on this land previously since he is presently under Chapter l3. Supervisor Burton was concerned because this request has already I been approved for two renewals. Mr. Merriman Sears, l540 Apperson Drive, Salem, virginia, 24l53, was present to oppose the request. He feels that the beauty of the area will be destroyed. ----- ~ .., IÇ1; 11 ') ~ li /.v October 8, 1985 Ms. Elizabeth Belcher, Route 2, Box 26, Salem, Virginia, was also present to oppose the request for a Special I Exception Permit. Mr. Warren C. Belcher, Route 2, Box 25, Salem, Virginia, 24l53, was also present to oppose this Special Exception Permit. Supervisor Burton moved to deny the request. The motion carried by the following recorded vote: AYES: Supervisors Burton, Nickens, Minter, Brittle, and McGraw NAYS: None Request of Paul Eugene Garman for a Special Exception Permit to place a mobile home on a l.OO acre tract, located on the north side of Route 624, approximately 600 feet east of its intersection with Route 697, in the Catawba Magisterial District. I HELD OVER TO OCTOBER 22, 1985 Mr. Garman was present to answer any questions the Board might have. Supervisor Burton moved to dismiss the request because a proper certification of the Board of Zoning Appeals was not included with the background information. Mr. Claude Lee, Zoning Department, responded that the land would be deeded as soon as the Special Exception Permit is issued. Supervisor Nickens offered a substitute motion to continue the public hearing until October 22, 1985, since proper procedures were not made clear to the petitioner. The motion carried by the following recorded vote: AYES: Supervisors Nickens, Minter, and Brittle I NAYS: Supervisors Burton and McGraw Petition of Marshall M. Ralsten requesting rezoning from Residential to B-l of a tract containing 0.7 acre for use as professional offices and located at 5929 Old Peters Creek Road in the Hollins Magisterial District. The Planning Commission recommends approval. APPROVED ----- ~ "... 213 October 8, 1985 Mr. Doug Murray of Murray Realty was present representing Mr. Ralsten. He reported that Mr. Ralsten intends to use this property to operate a self-help center. There was nc I one present in opposition. Supervisor Minter moved to approve the rezoning request. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Map~ as Parcel 27.l7-4-ll and recorded in Deed Book 539, Page 356 and legally described below, be rezoned from R-l, Residential District to B-l, Business District. BEGINNING at a point on the easterly side of Virginia Sec. Hwy. Route No. 118 (formerly Va. Sec. Hwy Route No. ll7), said point being located S. l3° 59' E. l05.66 feet from the point of intersection of the easterly side of Va. Sec. Hwy. Rt. ll8 and the southerly side of Burlington Drive; thence leaving the easterly side of Va. Sec. Hwy. Rt. No. 118 N. 57° lO' E. 279.36 feet, (erroneously shown as 239.34 ft. on plat of C. B. Malcolm & Son, dated April lO, 1954), to a point; thence S. 32° 50' E. lOO.OO feet to a point; thence S. 57° lO' W. 3l3.48 feet to the easterly side of Va. Sec. Hwy. Rt. l18; thence with the same, N. l3° 59' W. l05.67 feet to the place of BEGINNING, and being New Lot G-2, as shown on a plat of properties: John C. and Claude E. Anderson, being a redivision of Lots G, H, I, and J, map of Burlington Heights, and more fully shown on plat prepared by T. P. Parker & Son, Engineers and Surveyors, dated January l6, 1975, attached hereto and made a part hereof; and I BEING the same property conveyed to J. D. Anderson and Annie J. Anderson, husband and wife, with the right of survivorship, said Annie J. Anderson having departed this life September l5, 1974, title thereupon is vested in J. C. Anderson by reason of survivorship, said property being conveyed to J.C. Anderson, et als, dated October 4, 1955, recorded in Deed Book 539, page 356, in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia. BE IT FURTHER ORDERED that a copy of this order be I transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the Official Zoning Map of Roanoke County. ADOPTED on motion of Supervisor Minter and upon the following recorded vote: - .., October 8, 1985 (þ I, '«'-." 4 ,.; AYES: Supervisors Burton, Nickens, Minter, Brittle, and McGraw NAYS: None I Petition of Daniel W. and Helen King requesting rezoning from M-2 Industrial to RE Residential of a tract containing 8 acres and located on State Route 639 l.5 miles south of Route II in the Catawba Magisterial District. The Planning Commission recommends approval. APPROVED Mr. and Mrs. King were present to answer any questions the Board might have. There was no one present in opposition. Supervisor Minter moved to approve the rezoning request. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Maps as Parcel 64.04-4-l8 and recorded in Deed Book 76l, Page 14l and I legally described below, be rezoned from M-2, Industrial District to RE, Residential District. I BEGINNING at a point in the center of Roanoke River and on the northerly right of way line of the Norfolk & Western Railway, said beginning point being the Southeasterly corner of that certain tract conveyed to R. D. Hurt of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 195, page 425; thence leaving said beginning point and up the center of Roanoke River approximately 350 feet to a point; thence leaving the River S. 790 44' W. approximately lOO feet to an iron pipe on the Westerly side of State Secondary Route 639, said iron pipe marking the southeasterly corner of that certain tract (Parcel A) conveyed to W. S. Hannabass by R. D. Hurt and Wife, of record in Deed Book 3l6, page 8; thence continuing on the same bearing S. 790 44' W. along the Southerly line of the said Hannabass tract 195.6 ft. to a marked seven inch double locust, being the Southwesterly corner of the said Hannabass tract, N. 110 26' W. 739 feet, more or less, to an iron pipe on the Southwesterly side of the said State Route 639; thence with said Route 639 in a westerly direction approximately 295 feet to a point, said point being made by the intersection of the Southerly side of Route 639 with the Southerly side of a private drive or entrance leading in a southwesterlydirection to a cabin on a hill; thence with the Southerly and Easterly side of said private entrance approximately 300 feet to a point marked by a concrete monument (to be set); thence S. llo 35' E. 925 feet to a concrete monument (to be set) on the Northerly right of way line of the r---- r 21~' October 8, 1985 Norfolk & Western Railway; thence with said right of way linein an Easterly direction passing the tip of the Northwest abutment of the N & W Railway bridge over the Roanoke River at 782.5 feet; thence crossing said State Route 639, in all a total distance of approximately 960 feet to the place beginning, and I There is excepted from the foregoing conveyance and description that certain 6.9 acre tract of land heretofore conveyed by deed dated August 15, 1955, to William E. Phoenix and Goldie May Phoenix, husband and wife, recorded in Deed Book 535, page 33l of the records of the aforesaid Clerk's Office, a plat of which said 6.9 acre tract of land is recorded on Page 334 of said Deed Book; and Being the same property conveyed to Herman Wayne King and Helen L. King by deed from Herman Wayne King, et als, dated April 24, 1959, and recorded inthe aforesaid Clerk's Office in Deed Book 619, page 283. BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the Official Zoning Map of Roanoke County. ADOPTED on motion of Supervisor Minter and the I following recorded vote: AYES: Supervisors Nickens, Minter, Brittle, and McGraw NAYS: Supervisor Burton Petition of Green Market, Inc.,requesting rezoning from Business B-1 to Business B-2 of a tract containing .049 acre and located on Peters Creek Road in the Hollins Magisterial District. The Planning Commission recommends approval. APPROVED Mr. Jim Young was present representing Green Market, Inc. There was no one present in opposition. Supervisor Minter moved to approve the rezoning request. FINAL ORDER I NOW, THEREFORE, BE IT ORDERED that the aforementioned tract of land, more particularly described below, be rezoned fron B-l to B-2. Starting at a point on the North side of Peters Creek Road at its intersection with the East side of North Lakes Drive marked by a pk nail; thence ~ ~ October 8, 1985 216 I with Peters Creek Road N. 560 l2' 35" E. 133.48 feet to a point, the ACTUAL PLACE OF BEGINNING; thence with the easterly line of the .373 acres previously zoned B-2 N. 200 41' 00" W. l09.73 feet to a point; thence N. 690 19' E. 20 feet to a point; thence S. 200 4l' 00" E. 105.07 feet to a point on the northerly side of Peters Creek Road; thence with same S. 560 l2' 35" W. 20.53 feet to the place of BEGINNING and containing 0.049 acres and being shown on plat made by T. P. Parker & Son, Engineers and Surveyors, Ltd., dated August 22, 1985. BE IT FURTHER ORDERED that a copy of this order be transmitted to the County Planner and that he be and hereby is directed to reflect that change on the official zoning maps of the County. ADOPTED on motion of Supervisor Minter and the following recorded vote: AYES: Supervisors Burton, Nickens, Minter, Brittle, and McGraw NAYS: None I PROFFER OF CONDITIONS The petitioner hereby voluntarily proffers to the Board of Supervisors of Roanoke County, Virginia, the following condition(s) to the zoning request hereinabove set forth: 1. The property rezoned to Business District B-2 will be used only as a convenience grocery store. 2. The gasoline pumps which will be used in connection with the convenience store will be on the easterly side of the store. 3. Petitioner will request only one access for ingress and egress to Peters Creek Road for the property now zoned B-l, a portion of which will be zoned B-2 under the provisions of this Petition. I Petition of Fred G. Liady, III, and W. Dorsey Taylor, Jr., requesting rezoning from Business B-2 Conditional to Business B-2 removing condition number 8 of a tract containing 1.Ol84 acres and located on Old Cave Spring Road in the Windsor Hills Magisterial District. The Planning Commission recommends approval with proffered conditions. f---- ~ 2174 October 8, 1985 APPROVED Mr. Bill Rosloski was present to answer any questions the Board might have. Mr. Rosloski informed the Board that a I veterinary office would be located on this property and that there would be proper sound abatement and disposal of wastes. There was no one present in opposition. Supervisor Burton moved to approve the rezoning request. FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Map~ as Parcel 76-20-2-10 and recorded in Deed Book l154, Page R79 anè legally described below, be rezoned from B-2 Conditional District to B-2, Amended Conditional District. BEGINNING at a point on the easterly side of Old U. S. Route 221 now referred to as Old Cave Spring Road at its point of intersection with the property now or formerly owned by Rosa Belle Myers; thence leaving Old Cave Spring Road S. 860 ll' 50" E. 223.08 feet to a point; thence N. l2° 00' W. 140.16 feet to a point; thence N. llo Ol' 50" W. 34.14 feet to a point; thence N. 80 3l' lO" W. ll4.79 feet to a point; thence S. 840 l8' 40" W. 61.78 feet to a point; thence S. l6° 24' 50" E. 60.1l feet to a point; thence S. 810 05' 10" W. 113.00 feet to a point on Old Cave Spring Road; thence with the easterly line of Old Cave Spring Road S. 30 48' lO" W. 193.60 feet to a point, the actual PLACE OF BEGINNING; and being known and designated as Lot A and containing 1.0184 acres, more or less. I BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the Official Zoning Map of Roanoke County. ADOPTED on motion of Supervisor Burton and the following recorded vote: I AYES: Supervisors Burton, Nickens, Minter, Brittle, and McGraw NAYS: None PROFFER OF CONDITIONS Being in accord with §l5.1-491.1 et seq. of the Code of Virginia and §21-11 of the Code of Roanoke County, the Petitioner, Fred G. Liady, III, and W. Dorsey Taylor, Jr., herebj ~ ~ October 8, 1985 c,~ 1;' ¿(:'~ .JL ð voluntarily proffer to the Board of Supervisors of Roanoke County, Virginia, the following conditions to the rezoning of the I above-referenced parcel of land. 1. To modify the conditions adopted on September 1980, so that the following category of land use is no longer prohibited: "Animal hospitals or clinics and commercial kennels provided they are fully enclosed without exterior runs and yards for animals." 2. To continue the remaining conditions of September 1980 in effect, that is to prohibit the uses listed in §2l-23-2A, subsections (4), (5), (6), and (7). 3. To install a noise abatement system that is designed by a Virginia licensed architect and is in conformance with the Virginia Uniform Building Code. I Public Hearing on Ordinance amending Chapter 2l Taxation of the Roanoke County Code by the addition of Section 21-3 utility Service Tax. APPROVED Paul Mahoney, County Attorney, presented a paragraph to the Board that may be added to his proposed ordinance at the Board's direction. Supervisor Burton expressed her feeling that this was an unappropriate time to discuss this ordinance since the Board does not know if the bond will pass. She was concerned about the placement of the funds received from this tax if the Bond does not pass. Supervisor Nickens moved to approve the prepared I ordinance with the inclusion of the paragraph presented by Mr. Mahoney and that an appropriation resolution be spread in the minutes to reflect the intent of the Board that any revenue collected from January 1986 to June 1986 will be marked for the CIP program. ~ r 219 October 8, 1985 Supervisor Burton offered a substitute motion to approve the prepared ordinance with the inclusion of the paragraph presented by Mr. Mahoney and that the ordinance be changed to read that any funds received from this tax be marked I for CIP program only. Supervisor Nickens called for questions on the substitute motion. The substitute motion failed by the following recorded vote: AYES: Supervisors Burton and McGraw NAYS: Supervisors Nickens, Minter, and Brittle The original motion offered by Dr. Nickens to approve the prepared ordinance with the addition of the paragraph presented to Mr. Mahoney and that funds received from January 1986 to June 1986 be marked for the CIP program was vote on and carried by the following vote: I ORDINANCE 85-l79 AMENDING CHAPTER 2l TAXATION OF THE ROANOKE COUNTY CODE BY THE ADDITION OF SECTION 21-3 UTILITY SERVICE TAX APPROVED BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: l. That Chapter 2l Taxation of the Roanoke County Code be amended by the addition of Section 2l-3 utility service tax as follows: Sec. 21-3. Utility service tax. (a) There is hereby imposed and levied by the county, I upon each and every purchaser of a utility service for the period commencing January l, 1986, a tax in the amount of six percent of the charge made by the seller against the purchaser with respect to each utility service, which tax, in every case, shall be collected by the seller from the purchaser and shall be paid by the purchaser to the seller for the use of the county at the time ~ .., October 8, 1985 220 I that the purchase price or such charge shall become due and payable under the agreement between the purchaser and the seller; provided, however, that the tax hereinabove imposed shall not be deemed to apply to that part of the charge in excess of fifteen dollars per month made by any seller of any utility service to any purchaser thereof who uses such utility service in private homes or residential units; provided, further, that any commercial or industrial user shall pay the hereinabove set out six percent on the first five thousand dollars of utility service, with a maximum tax of three hundred dollars per month per utility. I (b) It shall be the duty of every seller in acting as the tax collecting medium or agency for the county to collect from the purchaser for the use of the county the tax hereby imposed and levied at the time of collecting the purchase price charged therefor and the taxes collected during each calendar month shall be reported by each seller to the commissioner of the revenue of the county on or before the last day of the calendar month thereafter, together with the name and address of any purchaser who has refused to pay his tax. Simultaneously therewith, the seller shall file a copy of such report with and remit to the treasurer of the county the taxes so collected and reported. The required report shall be in the form prescribed by the commissioner of the revenue. The tax levied or imposed under this section with respect to the purchase of any utility service shall be applicable to charges first appearing on bills rendered for service provided after January 1, 1986. I (c) The county treasurer shall be charged with the power and the duty of collecting the taxes levied and imposed hereunder and shall cause the same to be paid into the general treasury of the county. l~ ~ 221 October 8, 1985 (d) Each and every seller shall keep complete records showing all purchases in the county, which records shall show thE price charged against each purchaser with respect to purchase, the date thereof, and the date of payment thereof, and the amount I of tax imposed hereunder and such records shall be kept open for inspection by the duly authorized agents of the county at reasonable times and the duly authorized agents of the county shall have the right, power and authority to make transcripts thereof during such times as they may desire. (e) In all cases where the seller collects the price of utility services periodically, the tax hereby imposed and levied may be computed on the aggregate amount of purchases during such period, provided, that the amount of the tax to be collected shall be the nearest whole cent to the amount computed. I (f) The tax hereby imposed and levied on the purchasers with respect to local exchange telephone service shall apply to all charges made for local exchange telephone service a~ defined under the provisions of the Internal Revenue Code of 1954, as amended, except local messages which are paid for by inserting coins in coin-operated telephones. (g) The state retail sales and use tax being imposed at the rate of four percent on purchasers of bottled gas, the ta~ imposed in subsection (a) of this section is hereby imposed and levied and shall apply to the purchase of bottled gas to be used within the county for cooking, heating, gas refrigeration and lighting, but at the rate of six percent of the charge made by the seller against the purchaser with respect to such commodity. I II.- _ .., October 8, 1985 ~22 I (h) The united State of America, the state and the political subdivisions, boards, commissions and authorities thereof, are hereby exempt from the payment of the tax imposed and levied by this section with respect to the purchase of utility service used by such governmental agencies. I (i) Any purchaser failing, refusing or neglecting to pay the tax hereby imposed or levied, and any seller violating the provisions hereof, and any officer, agent or employee of any seller violating the provisions hereof, shall be guilty of a misdemeanor, and upon conviction therefore, shall be subject to a fine of not less than five dollars nor more than one hundred dollars. Such conviction shall not relieve any such person from the payment of the tax. Each failure, refusal, neglect or violation and each day's continuance thereof will constitute a separate offense. (j) The following words and phrases when used in this section shall for the purposes of this section, have the following respective meanings, except where the context clearly indicates a different meaning. (i) Person. The word "person" shall include individuals, firms, partnerships, associations, corporations and combinations of individuals of whatever form and character. I (ii) Purchaser. The word "purchaser" shall include every person who purchases a utility service. (iii) Seller. The word "seller" shall include every person whether a public service corporation or not, who sells or furnishes a utility service. ~ ~ ) C 3 t..,.; ¡'rrI' '.... October 8, 1985 (iv) utility service. The phrase "utility service" shall include local exchange telephone service of corporations falling within the provisions of article 4, chapter 38, title 58.1 of the Code of Virginia, 1950, as amended, and I electricity service and gas service of corporations falling within the provisions of article 4, chapter 38, title 58.1 of thE aforesaid Code of Virginia, furnished in the county. (v) Private homes or residential unit. The term "private homes or residential unit" shall mean the owner or tenant of private residential property who pays for the utility service in or for said property, except that, with respect to local exchange telephone service, such term shall mean any persor furnished service classified as "residential" under tariffs file~ with the state corporation commission. I (vi) Commercial or industrial user. The term "commercial or industrial user" shall mean the owner or tenant of property used for commercial, industrial and all other purposes, who pays for utility service for such property; except, that witt respect to local exchange telephone service, such term shall mear any person furnished service classified as "business" under tariffs filed with the state corporation commission. (k) The provisions of this section shall not apply within the limits of any incorporated town located within the county which town now or hereafter imposes a town tax on service corporation; provided, that such town (1) provides police I consumers of utility service or services provided by any public or fire protection and water or sewer services, or (2) constitutes a special district under a town school board of threE members appointed by the town council. L. .., October 8, 1985 Gr, ~) 4.· ,:;" '""I;¡' (1) Whenever the tax levied by this ordinance is collected by the seller acting as a tax collecting medium or I agency for the county in accordance with paragraph (b), such seller shall be allowed as compensation for the collection and remittance of this tax, three percentum (3%) of the amount of tax due and accounted for. The seller shall deduct this compensation from the payments made to the county treasurer in accordance with paragraph (b). 2. This ordinance shall be in full force and effect from and after January 1, 1986. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Burton, Nickens, Minter, Brittle, and McGraw NAYS: None I RESOLUTION 85-18l CONCERNING USE OF UTILITY SERVICE TAX REVENUES BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That on October 8, 1985 the Board adopted an ordinance imposing a utility service tax, Ordinance No. 85-l79; and 2. That it is the intent of the Board that any revenues derived from the imposition of this tax be expended only on the capital improvements program. Further the Board recognizes that this statement of intent shall be effective only for the current fiscal year. On motion of Supervisor Nickens and the following recorded vote: I AYES: Supervisors Nickens, Brittle, and McGraw NAYS: Supervisors Burton and Minter Public Hearing on Ordinance amending Chapter 21 Taxation by the addition of a new section Number 2l-4 Enhanced Emergency Telephone Tax. APPROVED ~ r .) () 5 f..",} ~* "'C4I October 8, 1985 County Attorney, Paul Mahoney, presented the prepared ordinance to the Board with a paragraph that can be added to the ordinance at the Board's direction. Supervisor Brittle moved to approve the prepared I ordinance with the inclusion of the paragraph presented by Mr. Mahoney. ORDINANCE 85-l80 AMENDING CHAPTER 2l TAXATION OF THE ROANOKE COUNTY CODE, LEVYING A TAX ON PURCHASES OF LOCAL TELEPHONE SERVICE TO PAY A E911 EMERGENCY TELEPHONE SYSTEM WHEREAS, the Board of Supervisors of Roanoke County finds: (l) that an E911 system as defined in Section (h) of this ordinance will be installed in Roanoke County; (2) that the telephone company has central office equipment which will permit such system to be established; and (3) that it is necessary to levy a tax on purchases of local telephone service to pay the capital, installation and recurring maintenance costs of this I system; and WHEREAS, Section 58.1-38l3 of the 1950 Code of Virginia, as amended, authorizes a local tax for enhanced emergency telephone services. 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 21-4 Enchanced emergency telephone tax: Sec. 21-4. Enhanced emergency telephone tax. (a) There is hereby imposed and levied by the county I upon every purchaser of local telephone service a tax in the amount of sixty-six (66¢) cents per month. This tax shall be paid by the purchaser to the seller of local telephone service for the use of the county to pay the initial capital, installation, and maintenance costs of its E9l1 system. When the ~ ~ ~ ~~ o October 8, 1985 total initial capital and installation costs are paid, the tax shall be reduced to twenty-six (26¢) cents per month and it will I be used exclusively to pay the recurring maintenance costs of the E9l1 system. The county treasurer shall notify the seller of the date on which the tax is to be reduced under this section. This notification will be sent by certified mail to the registered agent of the seller sixty (60) days in advance of the date on which the tax is to be reduced. (b) It shall be the duty of every seller in acting as the tax collecting medium or agency for the county to collect from the purchaser for the use of the county the tax hereby imposed and levied at the time of collecting the purchase price charged therefor and the taxes collected during each calendar month shall be reported by each seller to the commissioner of the I revenue of the county on or before the last day of the calendar month thereafter, together with the name and address of any purchaser who has refused to pay his tax. Simultaneously therewith, the seller shall file a copy of such report with and remit to the treasurer of the county the taxes so collected and reported. The required report shall be in the form prescribed by the commissioner of the revenue. The tax levied or imposed under this section with respect to the purchase of local telephone service shall be applicable to charges first appearing on bills rendered for service provided after January 1, 1986. (c) The county treasurer shall be charged with the I power and the duty of collecting the taxes levied and imposed hereunder and shall cause the same to be paid into the general treasury of the county. (d) Each and every seller shall keep complete records showing all purchases in the county, which records shall show the ----- ~ r .<-~ ~ t'"'' " '4 October 8, 1985 price charged against each purchaser with respect to purchase, the date thereof, and the date of payment thereof, and the amoun of tax imposed hereunder and such records shall be kept open for inspection by the duly authorized agents of the county at reasonable times and the duly authorized agents of the county shall have the right, power and authority to make transcripts thereof during such times as they may desire. I (e) In all cases where the seller collects the price of utility services periodically, the tax hereby imposed and levied may be computed on the aggregate amount of purchases during such period, provided, that the amount of the tax to be collected shall be the nearest whole cent to the amount computed (f) The United State of America, the state and the political subdivisions, boards, commissions and authorities thereof, are hereby exempt from the payment of the tax imposed and levied by this ordinance. I (g) Any purchaser failing, refusing or neglecting to pay the tax hereby imposed or levied, and any seller violating the provisions hereof, and any officer, agent or employee of any seller violating the provisions hereof, shall be guilty of a misdemeanor, and upon conviction therefore, shall be subject to é fine of not less than five dollars nor more than one hundred dollars. Such conviction shall not relieve any such person from the payment of the tax. Each failure, refusal, neglect or violation and each day's continuance thereof will constitute a separate offense. I (h) The following words and phrases when used in this section shall for the purposes of this section, have the ----- ~-- ~ October 8, 1985 f~ following respective meanings, except where the context clearly indicates a different meaning. I (i) "E911 system" means a telephone service which utilizes a computerized system to automatically route emergency telephone calls placed by dialing the digits "9ll" to the proper public safety answering point serving the jurisdiction from which the emergency telephone call was placed. An E9ll system includes selective routing of telephone calls, automatic telephone number identification, and automatic location identification performed by computers and other ancillary control center communications equipment. I (ii) "Public safety answering point" means a communications facility operated on a twenty-four hour basis which first receives E9ll calls from persons in an E9l1 service area and which may, as appropriate, directly dispatch public safety services or extend, transfer, or relay E911 calls to appropriate public safety agencies. (iii) "Public safety agency" means a functional division of a public agency which provides fire-fighting, police, medical, or other emergency services or a private entity which provides such services on a voluntary basis. (iv) "Local telephone service" shall mean switched local exchange access service. I (i) The provisions of this section shall not apply within the limits of any incorporated town located within the county which town now or hereafter imposes a town tax on consumers of local telephone service or services provided by any public service corporation; provided, that such town (l) provides ----- ~ r 99 ~~, October 8, 1985 police or fire protection and water or sewer services, or (2) constitutes a special district under a town school board of threE members appointed by the town council. I (j) Whenever the tax levied by this ordinance is collected by the seller acting as a tax collecting medium or agency for the county in accordance with paragraph (b), such seller shall be allowed as compensation for the collection and remittance of this tax, three percentum (3%) of the amount of ta~ due and accounted for. The seller shall deduct this compensation from the payments made to the county treasurer in accordance witn paragraph (b). 2. This ordinance shall be in full force and effect from and after January l, 1986. On motion of Supervisor Brittle and the following recorded vote: I AYES: Supervisors Burton, Nickens, Minter, Brittle, and McGraw NAYS: None IN RE: ANNOUNCEMENT OF NEW COUNTY ADMINISTRATOR Chairman McGraw announced that the Board has chosen Mr. Elmer C. Hodge, Jr., for the position of County Administrator. The Board thanked County Attorney, Paul Mahoney, for his services since May 17, 1985, as Acting County Administrator, and Mr. Keith Cook, Director of Personnel for his assistance during the interviewing process. Supervisor Nickens moved to approve the prepared resolution naming Mr. Elmer C. Hodge, Jr., as County I Administrator. RESOLUTION 85-l75 APPOINTING COUNTY ADMINISTRATOR, TERMS AND CONDITIONS OF EMPLOYMENT BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: ----- ~ ~ October 8, 1985 0°0 ~ ~ ~ l. That Elmer C. Hodge, Jr. is hereby appointed the County Administrator for Roanoke County, Virginia. He shall have I all of the powers, duties and responsibilities as set forth in general law. He shall commence his duties on November 7, 1985; and 2. That the salary for the County Administrator shall be $65,000 per annum; and 3. That in addition to this salary, Elmer C. Hodge, Jr. shall be reimbursed the actual cost of moving expenses of household and personal property in connection with his relocation to Roanoke County; and 4. That in addition to this salary Elmer C. Hodge, Jr. shall be provided a county owned vehicle for official County business use. Further Elmer C. Hodge, Jr. shall be deemed a Class A driver as set out in the County Employee Handbook and I permitted to take the vehicle home; and 5. That Elmer C. Hodge, Jr. shall serve as County Administrator and is removable at the pleasure of the Board of Supervisors. In the event Elmer C. Hodge, Jr. is removed as County Administrator, he shall be entitled to a severance pay in an amount equal to three months salary and benefits; and 6. That the County shall defend, save harmless and indemnify Elmer C. Hodge, Jr. against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Elmer C. Hodge, Jr. duties as County Administrator. The County will compromise and I settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon; and 7. That the Acting County Administrator, Deputy Clerk and Superintendent of Fiscal Management are relieved of the duties and responsibilities placed upon them by the Board in the wake of the resignation of the prior County Administrator, to be ----- ~ ~ 2:3 1 October 8, 1985 effective upon the date that Elmer C. Hodge, Jr. commences his duties as County Administrator. On motion of Supervisor Nickens and the following recorded vote: I AYES: Supervisors Burton, Nickens, Minter, Brittle, and McGraw NAYS: None IN RE: APPOINTMENTS Supervisor Burton moved to appoint Mr. Gene Hoge, 3015 Orander Drive, SW, Roanoke, Virginia, 24018, to the Recreation Commission. The motion carried by a unanimous voice vote. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Supervisor Burton - Supervisor Burton moved that the Board not consider items that will affect the unappropriated balance except in an emergency situation and that staff provide notification to all departments. The motion carried by a I unanimous voice vote. Supervisor Burton also moved to appoint Mr. Elmer C. Hodge, Jr., and Timothy W. Gubala to the Western Virginia Development Company. The motion carried by a unanimous voice vote. Supervisor Burton also directed staff to contact legislators for available meeting dates. Supervisor Burton reported that she has received an invitation from the General Assembly to attend a conference sponsored by the Institute of Government, the University of Virginia, the Virginia Municipal League, and the Virginia .. I Association of Counties, for the consideration of natural resources for the State of Virginia. This group will act as the recommending body to the Governor concerning the future of natural resources in Virginia. Supervisor Burton reported that the costs of this conference will be funded in part by a special endowment and the other part from governing bodies. The share oj - ~ I I I -.., October 8, 1985 232 Roanoke County will be approximately $l50.00. The Board agreed to participate in this conference. 2. Supervisor Nickens - Supervisor Nickens reported that the County has been recognized for excellence in pedestrian protection. Sally Turner, Administrative Analyst, was directed to photograph the awards presentation and place an article of recognition in Roanoke County Today. Ms. Turner was also directed to prepare a resolution of appreciation to the Sheriff's Department for the November 26, 1985, Board meeting. 3. Supervisor Minter - Supervisor Minter moved to approve $770.00 for the unveiling of the Judges' portraits at the new Courthouse and directed staff to deduct funds from the appropriate budgets. The motion carried by the following recorded vote: - AYES: NAYS: Supervisors Burton, Minter, and McGraw Supervisors Nickens and Brittle 4. Supervisor Brittle - No report. 5. Supervisor McGraw - No report. IN RE: EXECUTIVE SESSION Supervisor Minter moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 (a) (1) (2) (4) and (6). The motion carried by a unanimous voice vote. IN RE: OPEN SESSION Supervisor Minter moved to return to Open Session at 10:58 p.m. The motion carried by a unanimous voice vote. Supervisor Minter moved to stop the clock at 10:58 p.m. The motion carried by a unanimous voice vote. IN RE: EXECUTIVE SESSION Supervisor Minter moved to return to Executive Session at lO:59 p.m. The motion carried by a unanimous voice vote. ----- r 233 October 8, 1985 IN RE: OPEN SESSION Supervisor Nickens moved to return to Open Session at I l2:45 a.m. The motion carried by a unanimous voice vote. Supervisor Nickens moved to approve the sale of the Starkey School property to Mr. Tim Thielecke in the amount of $36,500.00. RESOLUTION 85-177 ACCEPTING AN OFFER FOR AND AUTHORIZING THE SALE OF SURPLUS REAL ESTATE, STARKEY SCHOOL BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: l. That pursuant to the provisions of Section l5.l-262 of the 1950 Code of Virginia, as amended, a public hearing was held on July 9, 1985 concerning the sale and disposition of 0.7l acres of surplus real estate, Starkey School, located in thE County of Roanoke, Tax Map No. 97.06-l-5; and I 2. That certain offers have been received by the Acting County Administrator for said property, and that the offer of Timothy J. Thielecke in the amount of $36,500.00 is hereby accepted and all other offers are rejected; and 3. That the Acting County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Burton, Nickens, Minter, Brittle, and McGraw Supervisor Nickens also moved to approve the sale of I NAYS: None the North 11 property to ll7 Investment Associates, Inc., in the amount of $326,000.00. ~ ~ 234 October 8, 1985 RESOLUTION 85-l78 ACCEPTING AN OFFER FOR AND AUTHORIZING THE SALE OF SURPLUS REAL ESTATE, NORTH II PROPERTY I BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section l5.l-262 of the 1950 Code of Virginia, as amended, a public hearing was held on July 9, 1985 concerning the sale and disposition of 9.62 acres of surplus real estate, North 11 property, located in the County of Roanoke, Tax Map No. 27.13-4-1; and 2. That certain offers have been received by the Acting County Administrator for said property, and that the offer of 117 Investment Associates in the amount of $326,000.00 is hereby accepted and all other offers are rejected; and 3. That the Acting County Administrator is authorized to execute such documents and take such actions on behalf of I Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Burton, Nickens, Minter, Brittle, and McGraw NAYS: None Mr. Mahoney also reported to the Board that the purchase options on the Frank A. Linton, Jr., property and the Claude and Juanita Moses property will expire on November land November 15, 1985, respectively. Supervisor Nickens moved to approve the extensions of option to purchase the properties for an additional year. The motion carried by the following recorded I vote: AYES: Supervisors Burton, Nickens, Minter, Brittle, and McGraw NAYS: None IN RE: ADJOURNMENT ----- ~ r 2 ;:~ 5 October 8, 1985 Supervisor Minter moved to adjourn at l2:50 p.m. The motion carried by a unanimous voice vote. ~q-~ I Chairman I I