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HomeMy WebLinkAbout10/9/1984 - Regular 1 ~~J .., I Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24018 October 9, 1984 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the first Tuesday, and the first regularly scheduled meeting of the month of October, 1984. IN RE: CALL TO ORDER Chairman Nickens called the meeting to order at 3:10 p.m. The roll call was taken. I MEMBERS PRESENT: Chairman, Harry C. Nickens; Vice-Chairman Athena E. Burton, Supervisors Alan H. Brittle, Gary James Minter and Steven A. McGraw MEMBERS ABSENT: None IN RE: EXECUTIVE SESSION Supervisor Brittle moved to go into Executive Session pursuant to Virginia Code Section 2.1-334 (a) (1), (2), (4), and (6). The motion carried by a unanimous voice vote. IN RE: OPEN SESSION Supervisor Brittle moved to return to Open Session at 4:15 p.m. and the motion carried by a unanimous voice vote. I Work Session - Development of an Administrative Procurement Policy - Chairman Nickens requested that the Bid Committee give approval to any expenditure between $2,500 and $10,000. Supervisor Burton requested that a quarterly or monthly report be submitted to the Board of those items. Mrs. Burton -- ~ "..- 190 October 9, 1984 would like to have the budgeted amount and the bid to be placed on these reports. Mrs. Burton also requested that a program be held for employees of the County to show how specifications should be written. John Chambliss, Superintendent of Fiscal Management requested that the emergency purchases be approved with the Procurement Practices section of the Roanoke County Code Supervisor Minter moved for approval of items 1 through 6 of the Procurement Practices section of the Roanoke County Code. The motion carried by unanimous voice vote. Work Session - Recommended Chanqe reqardinq Procurement Practices Section of the Roanoke County Code - Supervisor Burton requested to emphasize that bids in the amount of $2,500 to $10,000 are for the review of the Bid Committee. The Board of Supervisors will review reports on all bids from $2,500 to $10,000. Supervisor Brittle moved to advertise the Procurement Practices Section of the Roanoke County Code for public hearing. The motion carried by a unanimous voice vote. I I IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Brittle - Asked Mr. Gubala, Superintendent of Development, to develop some definition of mini-warehouses and where it should be placed in the zoning ordinance. Supervisor McGraw - Reported that there was no information concerning the Flippo Road vacation and would like to postpone it until October 23, 1984, Board of Supervisors Meeting. Supervisor McGraw moved for the approval of a raffle permit for Masons Cove Elementary School PTA and requested that the fee be waived. The raffle is to be held on October 20. This motion was carried by a unanimous voice vote. Mr. McGraw also reported on a meeting with the Library Board and Gary Huff, Department of Public Facilities, concerning the Catawba Elementary School property. There were at least 50 residents there hoping to retain the property as a community center. The residents are I - ~ 191" October 9, 1984 I willing to help with repairing the roof and painting the building. The Catawba residents asked for some type of assurance from the Board that the elementary school would not be sold as long as community spirit and the efforts remained high. Chairman Nickens noted that there could be legalities concerned if the County continued to operate that property considering the October 1986 deadline for making all facilities accessible to the handicapped. Supervisor McGraw moved that the County Board will not sell the property until it is evident that the community cannot use or will not use the property for some community basis. The motion carried by a unanimous voice vote. Supervisor Minter - Reported that he had received a call from a citizen concerning blasting problems around the airport. Supervisor Minter also believes there was some damage to county sewers and other county property. Supervisor Minter also requested that the Board look at the possibility of setting the base rate for Cabletelevision later. Chairman Nickens stated that the current franchise did not allow for any fee lower than $7.50 and unless all the political subdivisions involved agreed that the franchise could be offered and the franchise holder agreed, there is no way the rate can be lowered. Supervisor Burton - Requested the staff to investigate the value of the County's participation in the Virginia Highways and Transportations Conference in Lexington, Virginia, November 25 and 26, 1984 Supervisor Nickens - No report. I I IN RE: PROCLAMATIONS AND RESOLUTIONS Chairman Harry C. Nickens presented resolution of appreciation to Major Donald E. Meador of the Roanoke County Sheriff's Department, retiring after 3l l/2 years of service. ~ ~ ,...- 192 October 9, 1984 Supervisor Burton moved to approve the resolution. The motion carried by a unanimous roll vote. RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DONALD E. MEADOR I WHEREAS, Donald E. Meador was employed as a road deput~ in the Sheriff's Department of Roanoke County on March l5, 1953; and WHEREAS, during his period of service he served in man~ capacities and held many responsible positions in the Sheriff's Department; and WHEREAS, at the time of his retirement he was serving in the position of Chief Deputy to the Sheriff; and WHEREAS, during his long career he has made numerous friends and helped protect numerous citizens through his loyal, conscientious and dedicated service. NOW, THEREFORE, BE IT RESOLVED that the Board of I Supervisors of Roanoke County expresses its heartfelt appreciation and the appreciation of the citizens of Roanoke County to Donald E. Meador for his thirty-one and one-half years years of service in the Sheriff's Department of Roanoke County and further the Board of Supervisors does, on behalf of the citizens of Roanoke County, express its best wishes for a happy, productive and enjoyable retirement. BE IT FURTHER RESOLVED that an attested copy of this resolution be forthwith forwarded to Donald E. Meador. On motion of Supervisor Minter and the following recorded vote: AYES: Supervisors Brittle, McGraw, Minter, Burton and Nickens. I NAYS: None. Chairman Harry C. Nickens presented a resolution to George R. Long, Executive Director of Virginia Association of Counties upon his retirement. Supervisor Burton moved for the approval of the prepared resolution. The motion carried by unanimous roll vote. - ~ 19 ~j~,! . () -.., October 9, 1984 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE I COUNTY TO GEORGE R. LONG WHEREAS, George R. Long has served for nearly twenty-five years as Executive Director of the Virginia Association of Counties; and WHEREAS, during the course of his tenure as Executive Director, George R. Long has been a staunch friend and supporter of good local government in the Commonwealth of Virginia; and WHEREAS, George R. Long has made significant contributions to the citizens of this Commonwealth, local government and the Virginia Association of Counties through his tireless efforts on our behalf; and I WHEREAS, George R. Long will be sorely missed by all friends of local government in the Commonwealth of Virginia. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors expresses its heartfelt appreciation and the appreciation of the citizens of Roanoke County to George R. Long for his long and productive service as Executive Director of the Virginia Association of Counties and further the Board of Supervisors expresses its best wishes for a happy, restful and productive retirement. BE IT FURTHER RESOLVED that an attested copy of this resolution be forthwith forwarded to George R. Long. On motion of Supervisor Burton and the following recorded vote: I AYES: Supervisors Brittle, McGraw, Minter, Burton and Nickens NAYS: None IN RE: REPORTS OF CONSTITUTIONAL OFFICERS ----I ~ ,....-- 1 9 4 October 9, 1984 Treasurer - Alfred C. Anderson, Roanoke County Treasurer reported on his meeting with the Assistant to the President for Intergovernmental Affairs. The purpose of this I meeting was to give input from governments on the local level. Mr. Anderson reported that Roanoke County received favorable reception but that it would be at least l8 months before the County could expect assistance. Mr. Anderson also requested that the County make plans to meet with the appropriate officials while the representatives are at the Legislative Conference in Washington, D.C., in February. Sheriff - Sheriff o. S. Foster reported on his meeting on September 28, 1984, with Paul Mahoney, County Attorney; Gary J. Minter, Supervisor; Steven A. McGraw, Supervisor; and Donald E. Meador, of the Roanoke County Sheriff's Department and the road deputies for the Sheriff's Department and consented to the I Compensation Board Members. The Compensation Board approved two hiring of two court bailiffs. The deputies may be hired immediately and the bailiffs are to be hired 30 days before the opening of the new Roanoke County Courthouse. At this meeting the Sheriff also requested a Clerk/Typist II position to assist in the establishment of a records bureau. The Compensation Board suggested that the funds from the Block Grant be transferred for the use of employee salaries. Supervisor Minter moved for approval of the prepared resolution. The motion was carried by a unanimous roll vote. RESOLUTION 84-l74 AMENDING RESOLUTION NO. 84-101 SETTING FORTH THE CLASSIFICATION PLAN FOR THE 1984-85 FISCAL YEAR I BE IT RESOLVED by the Board of Supervisors of Roanoke County, virginia, as follows: l. That Resolution No. 84-l0l setting forth the classification plan for the 1984-85 fiscal year be amended as follows: - ~ 19 fj -.., October 9, 1984 Grade 8 Code 102 I Grade l7 Code 820 Title Dept. No.Emp. Clerk Typist II Sheriff/Policing & Inves. 4 3 (Effective: November 1, 1984) Title Dept. No.Emp. Court Bailiff Sheriff/Policing & Inves. 9 ~ (Effective: thirty days prior to new courthouse opening) 82l Deputy Sheriff Sheriff/Policing & Inves. (Effective: November 1, 1984) 33 3! On motion of Supervisor Minter and the following recorded vote: AYES: Supervisors Brittle, McGraw, Minter, Burton and Nickens. NAYS: No Sheriff o. S . Foster also requested that the Board of Supervisors leave the choosing of the working hours for the I I deputies who are doing checks on the Roanoke County stickers up to the Sheriff's Department. Chairman Nickens commended Sheriff Foster for the reduction of the crime rate in Roanoke County. IN RE: RECESS Chairman Nickens declared a recess at 5:35 p.m. IN RE: REGULAR SESSION Chairman Nickens called the meting to order at 7:10 p.m. The roll call was taken: I MEMBERS PRESENT: Chairman Harry C. Nickens; Vice-Chairman Athena E. Burton; Supervisors Alan H. Brittle, Steven A. McGraw, Gary J. Minter MEMBERS ABSENT: None IN RE: OPENING CEREMONIES - ~ ,...- 196 October 9, 1984 The invocation was offered by Rev. Fredrick Taylor, retired Episcopal Priest. The Pledge of Allegiance was recited by all present. I IN RE: PUBLIC HEARINGS Petition of Robert W. and Barbara W. Furrow for a Special Exception to place a mobile home on a 2.184 acre tract to be occupied by Mr. and Mrs. Charles E. Furrow, father and mother, with an existing dwelling located on the southeast side of Sunnyvale Street at the inter- section of Sunnyvale Street and Edington Road in the vinton Magisterial District. APPROVED Mr. Robert Furrow was present to answer any questions of the Board. There was no opposition. Supervisor Minter moved for approval of the Special Exception. The motion was carried by the following roll call vote: I AYES: Supervisors Brittle, McGraw, Minter, Burton and Nickens. NAYS: None Petition of William Henry Hodge for a Special Exception to place a mobile home on a 42.7 acre tract with an existing dwelling and mobile home, to be occupied by his son, A. W. Hodge, located on the north side of State Route 624 approximately l.6 miles from State Route 311 in the Catawba Magisterial District. APPROVED Mr. William Henry Hodge was present to answer any questions of the Board. There was no opposition. Supervisor McGraw moved to approve the Special Exception. The motion carried by the following roll call vote: AYES: Supervisors Brittle, McGraw, Minter, Burton and Nickens I NAYS: None - Petition of Larry A. and Mamie L. Waldron to place a mobile home on a 2.5 acre tract with an existing dwelling to be occupied by their son, Larry Waldron located at 2517 Eastland Road in the Vinton Magisterial District. l .1: ", October 9, 1984 APPROVED Mr. Larry A. and Mamie L. Waldron were present to I answer any questions of the Board. Chairman Nickens presented the Board with a petition of nine individuals living in proximity of the Waldron stating that they have no objection to the granting of the Special Exception. Supervisor Minter moved for approval of the Special Exception. The motion carried by the following roll call vote: AYES: Supervisors Brittle, McGraw, Minter, Burton and Nickens NAYS: None I Petition of the Seventh Day Adventist Reform Movement General Conference requesting the rezoning from R-l to B-l of 7.246 acres located on the west side of Hollins Road, north of its intersection with Carlos Drive in the Hollins Magisterial District. Planning Commission recommends approval. APPROVED Harry S. Rhodes was present representing the Seventh Day Adventist Reform Movement General Conference. Supervisor Minter moved for approval of the request for rezoning. FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned tract of land, more particularly described below, be rezoned from R-l to B-l. I BEGINNING at an iron pin located at the intersection of the center line of a twenty foot right of way and Virginia Highway No. 115, said iron pin being the southeast corner of that 4.439 acres tract which was conveyed to Maurice W. Reid and Rosa B. Reid by deed dated June 20, 1968, of record in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia in Deed Book 855 at page 476; thence along said Virginia Highway No. 115 S. 60 06' W. 200.00 to a point; thence leaving said Virginia Highway No. ll5 and along the boundary of the now or formerly W. G. Ward property N. 800 57' W. 694. 30 feet to a point; thence N. llo 21' E. a total of 529.42 feet to an iron pin said line passing through an iron pin at 166.00 feet and another iron pin at 400.20 feet; thence along the line of that 4.439 acres tract which was conveyed to Maurice W. Reid and Rosa B. Reid by Deed dated June 20, 1968, and recorded in the aforesaid ~ ~ "..-19·-j.~.· .·ð October 9, 1984 Clerk's Office in Deed Book 855 at page 476, S. 840 44' E. 418.3C feet to a fence corner; thence S. 60 41' W. 193.10 feet to an iron pin; thence 850 03" E. l55.79 feet to a point in the center of a right of way easement; thence along the center of said easement S. 70 17' E. l46.70' to a point; thence S. 400 57' E. 53.30 feet to the point of BEGINNING, and I BEING a certain 7,906 acres tract, more or less, which is listed in the tax records as a 7.85 acres tract, which is all the remaining property of that 23.89 acres tract which was conveyed to R. L. Fitzgerald and Thelma N. Fitzgerald by Deed dated April l, 1957, of record in the aforesaid Clerk's Office in Deed Book 57l, at page 553. REFERENCE is hereby specifically made to the David Dic~ and Harry A. Wall Civil Engineers and Surveyors map of the 4,439 acres tract of R. L. and Thelma N. Fitzgerald dated June 14, 1968, a copy of which is recorded in Deed Book 855 at page 479 and to the David Dick and Harry A. Wall Civil Engineers and Surveyors, survey for R. L. and Thelma N. Fitzgerald dated July 26, 1967, a copy of which is recorded in the aforesaid Clerk's Office in Deed Book 834, at page 474, the two above surveys when combined showing all the metes and bounds of the subject property. BEING the same property conveyed to Billy G. Stewart and Audrey L. Stewart, husband and wife, from Thelma N. Fitzgerald, widow, by deed dated April 25, 1978, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, I in Deed Book l091, page l28. 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 upon the following recorded vote: AYES: Supervisors Brittle, McGraw, Minter, Burton, and Nickens. NAYS: None. I Petition of Lite Appetit, Inc. requesting rezoning from R-3 to B-2 of a tract containing approximately 0.23 acre and located on the south side of Virginia Primary Route No. 419 in the Cave Spring Magisterial - ~ 19 9 .., October 9, 1984 District. Planning Commission recommends approval. REFERRED TO PLANNING COMMISSION I Michael Smeltzer was present to answer any questions of the Board. Mr. Smeltzer explained that the property in question was directly across the street from Tanglewood Mall and adjacent to Wendy's, the photo shop, and Pearle vision. The property is presently zoned to a depth of 200 feet as B-2. The rest of the property is zoned R-3. The Planning Commission recommended that an additional 60 feet be rezoned from R-3 to B-2, however, an additional lOO feet is needed. Lite Appetit, Inc., is working with the Virginia Department of Highways and Transportation to utilize an existing entrance on the east side of the property as a means of egress only. Chairman Nickens asked Paul Mahoney, County Attorney, if the Board could rule since the Planning I Commission had only approved rezoning of 60 feet instead of 100 feet. Mr. Mahoney's response was that the Board could rezone anything less than the total tract but he was concerned about the actual legal advertisement. There was no opposition present at the meeting. Supervisor Minter suggested having the staff include a copy of legal ads for public hearings at future meetings. Supervisor Brittle moved that this matter be referred to the Planning Commission for their recommendation on the total amount of property to be rezoned. Chairman Nickens directed Mr. Smeltzer to advertise for the Planning Commission hearing and the hearing before the Board of Supervisors. I Petition of Friendship Manor Apartment Village Corporation requesting rezoning from B-2 to R-3 of a tract containing 3.12 acres and located on the northerly side of Hershberger Road in the Hollins Magisterial District. Planning Commission recommends denial. HELD OVER UNTIL lO/23/84 - ~ ~ 200 October 9, 1984 Petition of the Trustees of Colonial Avenue Baptist Church requesting the vacation of a 10 foot drainage easement between Lot A2 and Lots AA2 and Lot AAl, Map of Edwards Place (P. B. 3, Page 262) in the Cave Spring Magisterial District. Planning Commission recommends approval. I Mr. Oscar Hutcherson appeared before the Board on behalf of the Trustees of Colonial Avenue Baptist Church. No opposition was present at this meeting. Supervisor Brittle was concerned about a family in that area who was having drainage problems. Mr. Hubbard, Superintendent of Public Facilities, informed Supervisor Brittle that the approval of vacation would not adversely affect that family. Supervisor Brittle moved for the approval of this vacation. FINAL ORDER I NOW, THEREFORE, be it resolved and ordered that at this meeting of the Board of Supervisors of Roanoke County, held on the 9th day of October, 1984; that: (a) The ten foot drainage easement between Lot A2 and Lot AA2 and Lot AAl will be vacated. All as shown on Map of Edwards Place, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, Page 262, be permanently vacated. The force and effect of the recordation of the Map of Edwards Place is hereby destroyed as to the above drainage easement hereby vacated. AND, BE IT FURTHER ORDERED, that the Chairman of the I Board of Supervisors of Roanoke County is authorized and directec to enter into a certain Agreement, which agreement provides for the vacation of said drainage easement, pursuant to Section 15.1-482(a); AND, BE IT FURTHER ORDERED, that the Clerk is directed - to comply with the provisions of Section l5.l-485 of the Code of ~ [) ~d 0 1 -.., October 9, 1984 Virginia of 1950 as amended, and write in plain legible letters across that portion of the Map of Edwards Place affected the word "Vacated" and also make a reference on the Plat to the volume and I page in which this instrument of vacation is recorded. BE IT FURTHER RESOLVED AND ORDERED, that the Clerk of this Board shall forthwith certify a copy of this resolution and order to Trustees of Colonial Avenue Baptist Church. The foregoing resolution was adopted on motion of Supervisor Brittle and upon the recorded vote, the Supervisors, voted as follows, to wit: AYES: Supervisors Brittle, McGraw, Minter, Burton and Nickens. NAYS: None. I Petition of D. J. and Harriett Higginbotham requesting rezoning from B-1 to B-2 a parcel of land being the westerly 70 foot of Lot 8, Section 3, Map of Mount Vernon Heights, located on the south side of Mount Vernon Drive in the Cave Spring Magisterial District The Planning Commission recommends approval. Edward A. Natt was present on behalf of the Higginbothams. He reported that the desire of the Higginbothams to have this property rezoned is to operate a stained glass studio. The request of the Planning Commission was that the Higginbothams negotiate with the Dentist's office next door to their property to make a loop to allow parking with a common entrance. These negotiations are still in progress. Mr. Natt also reported that there would be no exterior changes in the building, the operations will last no longer than 9 p.m., and a I reverter will be included in the Final Order should the Higginbothams terminate the use of the property as a stained glass studio. There was no opposition at the meeting. Supervisor Brittle moved for approval of the final order. FINAL ORDER - ~ ~202 October 9, 1984 NOW THEREFORE BE IT ORDERED that the aforementioned tract of land, more particularly described below, be rezoned from Office and Residential B-1 to Business District B-2 in order to permit the operation of a stained glass studio on the subject I property, with the conditions (a) that there will be no exterior changes in the building on the premises, (b) that all the operations in connection with the stained glass studio will be conducted inside, (c) that there will be no activities in connection with the stained glass studio after 9:00 p.m. in the evening, and (d) that the zoning of the property shall revert to Office and Residential District B-1 should the use as a stained glass studio terminate: That certain lot or parcel of land fronting 70 feet on the south side of Mount Vernon Drive and extending back between parallel lines of 200 feet; and being the westerly 70 feet of Lot 8, Section 3, according to the Map of Mount Vernon Heights of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 2, Page 67; and LESS that certain 560 square feet conveyed to Commonwealth of Virginia for widening of Route 22l. I 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 Brittle and upon the following recorded vote: AYES: Supervisors Brittle, McGraw, Minter, Burton, and Nickens. NAYS: None Petition of Robert Stverak and I. R. Stverak for the rezoning from A-l to M-l a certain parcel of land containing 4.7 acres, more or less, located between State Route 910 and State Route 778 and designated as Parcel 63.04-3-18 on the Roanoke County Tax Assessment Map in the Catawba Magisterial District. Planning Commission recommends approval. I - ~ -.., 203 October 9, 1984 Mr. Edward A. Natt was present on behalf of the Stveraks. Mr. Stverak wishes to have this property rezoned to I establish his electrical components assembly plant. Mr. Natt reported that there had been concern from some neighbors at the Planning Commission number but after explanation of the type of business to be conducted, all concerns were satisfied. There was no opposition present at this meeting. Supervisor McGraw moved to approve the prepared final order. FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned tract of land, more particularly described below, be rezoned from Agricultural District A-I to Industrial District M-l with the following condition that the use be limited to an electrical component assembly plant with no etching operation. I That certain lot or parcel of land containing 4.7 acres, more or less, located between two roads, State Route 910 and State Route 778 and designated as Parcel 63.04-3-l8 on the Roanoke County tax Assessment Map, in Roanoke County 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 McGraw and upon the following recorded votes: AYES: Supervisors Brittle, McGraw, Minter, Burton, and Nickens. NAYS: None I Petition of Wayne W. Wise and Renta Corporation requesting rezoning from B-l/B-2 to M-l of a tract containing 1.65 acres located on the east side of Brambleton Avenue north of its inter- section with Route 1663 and located in the Cave Spring Magisterial District. Planning Commission recommends conditional approval. The Petitioner requested that this hearing be held - ~ ~ 204 October 9, 1984 until the November l3, 1984, Board of Supervisors meeting. There was no opposition present. Public Hearing on Proposed Ordinance to establish a utility License Tax pursuant to Sections 58-578 and 58-603 of the Code of Virginia 1950 as amended. I There was no opposition present. Paul Mahoney, County Attorney, was present to answer any questions of the Board. Mr. Flanders, County Administrator, reported that the estimated revenue from this tax would be approximately $250,000 for the year. Supervisor Minter moved for approval of the prepared Ordinance. ORDINANCE 84-177 ESTABLISHING A UTILITY LICENSE TAX FOR THE COUNTY OF ROANOKE PURSUANT TO SECTIONS 58-578 AND 58-603 OF THE 1950 CODE OF VIRGINIA, AS AMENDED I BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 9.1 Licenses of the Roanoke County Code be amended by the addition of Section 9.1- . utility license tax to read and provide as follows: Section 9.1- Utility license tax. A franchise license tax is hereby imposed on each telephone, telegraph, heat, light, and power company for the privilege of doing business within the County of Roanoke at a rate of one-half of one percentum of the gross receipts of such business accruing to such corporation from such business in the County of Roanoke. The business shall exclude from calculation gross receipts earned within the corporate boundary of the Town of Vinton, Virginia. (Code of Virginia, S58-578 and 58-603) On motion of Supervisor Minter and the following recorded vote: AYES: Supervisors Brittle, McGraw, Minter, and Nickens. NAYS: None. ABSTAINED: Supervisor Burton Public Hearing on Proposed Ordinance concerning the assessment of new buildings substantially completed pursuant to Section 58-81l.1 of the Code of Virginia, 1950, as amended. I John Chambliss, Superintendent of Fiscal Management was present to discuss this ordinance with the Board. Mr. Chambliss - l 20;) l ! October 9, 1984 reported that the adoption of this ordinance would allow the more current assessment practices for reassessment process. The I assessment will now be effective with the date of the completion of the property once available for use and enjoyment. Paul Mahoney, County Attorney, reported that the state Code suggests that a Board of Supervisors or a local governing body could adopt this method of assessment by resolution but he suggests proceeding by ordinance since it deals with the actual revenue source. Supervisor Burton moved for approval of the prepared ordinance. ORDINANCE 84-178 AMENDING CHAPTER 19 TAXATION OF THE ROANOKE COUNTY CODE BY THE ADDITION OF A NEW SECTION 19-1l ENTITLED ASSESSMENT OF NEW BUILDINGS SUBSTANTIALLY COMPLETED BE IT ORDAINED by the Board of Supervisors of Roanoke I County, Virginia, as follows: l. That Chapter 19 Taxation of the Roanoke County Code be amended by the addition of Section 19-1l entitled Assessment of new buildinqs substantially completed as follows: Sec. 19-11. Assessment of new buildings substantially completed. I All new buildings substantially completed or fit for use, occupancy and enjoyment prior to November one of the year of completion shall be assessed when so completed or fit for use, occupancy and enjoyment, and the County Assessor of Roanoke County shall enter in the books the fair market value of such building; provided, however, that no such partial assessment shall become effective until information as to the date and amount of such assessment is recorded in the office of the Treasurer of Roanoke County and made available for public inspec- tion. The total tax on any such new building for that year shall be the sum of (1) the tax upon the assessment of the completed building, computed according to the ratio which the portion of the year such building is substantially completed or fit for use, occupancy and enjoyment bears to the entire year, and (2) the tax upon the assessment of such new building as it existed on January one of that assessment year, computed according to the ratio which the portion of the year such building was not substantially complete or fit for use, occupancy and enjoyment bears to the entire year. On motion of Supervisor Burton and the following recorded vote: AYES: Supervisors Brittle, McGraw, Minter, Burton and Nickens. NAYS: None. Petition of Patricia Graves for the vacation of a portion of John Robertson Road as shown on Plat of Survey No.2 of Mason Village in the - ~ "..- 206 October 9, 1984 Catawba Magisterial District. Planning Commission recommends denial. Mr. Edward A. Natt appeared before the Board on behalf I of Patricia Graves. Mr. Natt reported that Mrs. Graves is requesting the vacation of John Robertson Road because it runs between her properties and she wishes to construct a horse stabl and riding academy on her property. Mr. Horne, who owns propert at the end of the road opposes this request because he feels he would not have proper access to his property. Mr. Natt feels that he would have proper access from John Mason Road. In order to use the access from John Mason Road, the road would have to b bushhogged, part of which has already been done by Mrs. Graves. Mr. Horne had access from Route 311 until July 1983 but he conveyed the property. Mr. Horne additionally requested that portions of John Robertson Road and John Mason Road be closed in 1976 or 1977. This request was granted. If the road is closed, I Ms. Graves would like to put up a nice entrance gateway to control traffic. As it is now, she has no control over who drives through her property. Ms. Graves has had problems protecting her property with the public road between the propert such as cut fences, car tracks in property, and harassment from neighbors. If the road is closed and she puts up a gate, even i the horses get out of the gate, they will still be within her property. When the fences have been cut recently, her horses have gotten out and gone across 31l. Supervisor McGraw reported that he thought the riding stable would be extremely beneficial to the entire neighborhood. Mr. Horne does not actually live on the land, there is a small barn. Supervisor McGraw pointed out I there there are a considerable number of access points to this property from Bradshaw Road, John Mason Road, as well as John Robertson Road--Route 3ll. Supervisor McGraw pointed out that the access from John Mason Road would not be as good as John Robertson Road access. - ~ 207-'" October 9, 1984 Mr. Derwood Rusher appeared on behalf of the Hornes. Mr. Rusher reported that the access to the Horne property from John Mason Road would never be up to standards. Mr. Rusher I presented a petition signed by all the property owners in the Mason Village Number 2, with the exception of two homes, one of which is a vacant house and the other could not be located against the closing of the road. Mr. Rusher reported to the Board that Ms. Graves purchased her property knowing that the road divided it. He also reported that John Robertson road would not see as much flooding as John Mason Road because John Robertson Road is higher than John Mason Road. Hazel O'Brian, a realtor with Sigmon Brothers, reported that in her opinion Mr. Horne's property would be greatly devalued if John Robertson Road is closed. Mr. Natt reported that his client, Patricia Graves, is I more than willing to try and work on a joint basis on improving John Mason Road or working out some type of limited easement of access of John Robertson Road. Supervisor McGraw moved to table the request until the November l3, 1984, meeting to allow any of the other Supervisors who have not had a chance to view such property to do so. Supervisor McGraw suggested that the two parties meet and try to work out an amicable solution. The motion carried by a unanimous voice vote. IN RE: REPORTS OF OFFICERS, DEPARTMENTS AND COMMITTEES I I. Department of Fiscal Manaqement - No report. 2. Personnel - Personnel is working with the Department of Public Facilities and are identifying barriers as far as our facilities and the County programs are concerned. One of the requirements under the Revenue Sharing Act is that a Grievance Procedure be adopted for use by the public for problems I-- ~ ~ o 0 ,') /,,y. () October 9, 1984 in accessibility to programs. Supervisor Brittle moved for adoption of the prepared resolution. RESOLUTION 84-175 ESTABLISHING A GRIEVANCE PROCEDURE TO BE UTILIZED BY THE PUBLIC TO IMPLEMENT SECTION 504 OF THE REHABILITATION ACT OF 1983 AND TO SATISFY THE REQUIREMENTS OF THE OFFICE OF REVENUE SHARINGS' SECTION 504 REGULATION I BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: l. That the County of Roanoke has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Office of Revenue Sharing's (ORS) regulations implementing Section 504 of the Rehabilitation Act of 1973, as amended. Section 504 states, in part, that "no otherwise qualified handicapped individual shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to I discrimination under any program or activity receiving federal financial assistance". Complaints should be addressed to: D. Keith Cook, Personnel Officer, County of Roanoke, P. O. Box 3800, Roanoke, Virginia 24015, (703) 772-2018, who has been designated to coordinate Section 504 compliance efforts. l. A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations. I 2. A complaint should be filed within lO days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination occurring before this grievance - ~ 209-'" October 9, 1984 procedure was in place will be considered on a case-by-case basis. ) I 3. An investigation as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by D. Keith Cook, Personnel Officer. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. Under 3l C.F.R. 51.55 (d)(2), the County of Roanoke need not process complaints from applicants for employment or from applicants for admission to post-secondary educational institutions. 4. A written determination as to the validity of the complaint and description of the resolution, if any, shall be I issued by D. Keith Cook, Personnel Officer, and a copy forwarded to the complainant no later than 10 days after its filing. 5. The Section 504 coordinator shall maintain the files and records of the County of Roanoke relating to the complaints filed. 6. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within lO days to Donald R. Flanders, County Administrator. I 7. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of a Section 504 complaint with the Office of Revenue Sharing, U. S. Department of the Treasury. Utilization of this Grievance Procedure is not a prerequisite to the pursuit of other remedies. I-- ~ ~21U October 9, 1984 8. These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the County of Roanoke complies with Section 504 and the ORS regulations. The policy was approved on motion of Supervisor Minter and the following recorded vote: AYES: Supervisors Brittle, McGraw, Minter, Burton and Nickens. NAYS: None. 3. County Attorney - Paul Mahoney, County Attorney, distributed copies of the Legislative Program to the Supervisors and suggested that they might want to discuss it in Executive Session. The packet consists of a two page memo, part A contains the items that were on last years Legislative Program that were not adopted by the General Assembly. Part B contains items that the Board requested to be addressed, after part B, Mr. Mahoney listed the various code section that he thinks need to be amended 4. Department of Public Facilities - Mr. Hubbard, Superintendent of Public Facilities, requested that the report and resolution involving the easement on Route 897 be held over until the October 23, 1984 Board Meeting. 5. Department of Development - Mr. Gubala, Superintendent of Department of Development, reported that he had asked the Chief Building Official, Skip Ninninger, to investigate the earlier expressed concerns of the Board regarding swimming pools that did not have fencing around them. Mr. Ninninger investigated the BOCA Code and assured Mr. Gubala that all new swimming pools that are constructed are required to have a fence installed but that there is a loophole in the present law that does not cover pools that were constructed before the BOCA Code. Supervisor Burton moved that if there is no County ordinance that deals with the fencing of privately owned pools or if amendments are needed to an existing ordinance, the Board will then proceed to public hearing. The motion carried by a unanimous voice vote. _ 6. County Administrator - The state has mandated that I I I ~ 2 Ii .., October 9, 1984 each County have a historic committee to look at possible sites that should be preserved for interested citizens. Mr. Flanders has requested response from the Board by October 31, 1984. I County Administrator, Mr. Flanders, also reported that the video presentation of Roanoke County would be held over until October 23, 1984, because of the time and citizens had already left and more editing is needed. Mr. Flanders also reported that negotiations with Appalachian Power have been completed. Appalachian had earlier requested a 25 percent increase and the County has bargained them down to a 15 percent increase with a 5 percent for the second year and a 5 percent for the third year excluding the fuel supplement. A resolution and the necessary documents will be presented at the October 23, 1984 Board Meeting. Mr. Flanders reported that the negotiations with C & P I had not progressed as well as the APCO negotiations, however, meetings are continuing. The timetable for the bidding of Courthouse furnishings October 7, 1984, documents will be available October 15, 1984, the prebid conference will be held October 25, 1984, and bids should be received on November 5, 1984, with notice to proceed on November 19, 1984, furnishings in place on March ll, 1985, and the anticipated moved shortly thereafter and dedication in late March, 1985, instead of January. The County Seal will eventually be placed behind the Judges' bench in each Courtroom. Supervisor McGraw requested that Mr. Flanders update Sheriff Foster on the change in the Courthouse opening date so he can line up the I personnel needed. Mr. Flanders spoke with Mr. Langheim of Roanoke Valley Cablevision. There are 35,972 subscribers to Cablevision. This represents a drop of 1,77l to the basic service. Mr. Flanders also reported that a study committee has been created to evaluate the bee situation. Kenneth Hogan, Director of Animal Control and Mr. Lowell Gobble will be - ~ "..- .::) , ~ c~ ~l 1t Á.J October 9, 1984 coordinating this study which will cover: the value of beekeeping to the County; the impacts of bees on the locality; and alternatives available to possibly correct some of the rezoning properties. I The vinton Library Ribbon Cutting will be Monday, October 15, 1984, at 9:00 a.m. Mr. Flanders reported that the various departments havE started moving to the new Public Service Center. IN RE: CONSENT AGENDA County Attorney, Paul Mahoney, suggested that Item F-6 dealing with the authorization of the County Administrator to execute certificates of title for certain motor vehicles be amended in paragraph 5 and add after Roanoke County School Board "and to successful bid purchasers." Supervisor Brittle moved fo I approval of the consent agenda with the addition to paragraph 5 of Item F-6. RESOLUTION NO.84-l76 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM F - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: l. That that certain section of the agenda of the Board of Supervisors for October 9, 1984, designated as Item F - Consent Agenda be, and hereby is, approved and concurred in as t each item separately set forth in said section designated Items through 8, inclusive, as follows: l. Letter from Ronald D. Sutton, Department of Conservation and Economic Development, dated September 12, 1984, announcing approval of the Mount Pleasant Project has been received. I 2. Awarding of a contract for the installation of a telephone system for the new Courthouse facility - Resolution. - 3. Report on request from Appalachian Power for an easement through Stonebridge Park - Resolution. L 2 1 3 --., October 9, 1984 4. Report on approval for County Administrator to name unnamed streets for E-911 system - Resolution. I 5. Bid Committee Reports for the following: a. Partitions for Department of Development and Public Facilities b. Retention of engineering firm for West County Reservoir. - Resolution. 6. Report on disposal of surplus vehicles - Resolution. 7. Report on transfer and release of titles for surplus vehicles - Resolution. 8. Thank you letter dated 9/19/84 from Shockley D. Gardner, Jr., pertaining to the Virginia Water and Sewer Assistance Authority. 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. I On motion of Supervisor Brittle with the addition of 'and for successful bid purchasers' to be added to paragraph 5 of the report on Item 6 and the following recorded vote: AYES: Supervisors Brittle, McGraw, Minter, Burton, and Nickens. NAYS: None. RESOLUTION 84-l76.A RESCINDING RESOLUTION NO. 84-153 AND AWARDING A CONTRACT FOR THE INSTALLATION OF AN APPROPRIATE TELEPHONE SYSTEM FOR THE NEW COURTHOUSE FACILITY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: I. That Resolution No. 84-153 adopted by the Board of I Supervisors of Roanoke County, Virginia, on August 30, 1984, is hereby rescinded; and 2. That based upon the recommendation of the County staff and consultants it is hereby determined that the Centrex telephone system is a proprietary system of C & P Telephone Co., and as such constitutes a "sole source" for purposes of public procurement; and - ~ ,....-- ;. ") k.-I 4 . October 9, 1984 3. That based upon the progress and schedule of the courthouse construction and vendor responsibility, it was determined to be neither practicable nor advantageous to secure I competitive bids for wiring installation; and 4. That that certain proposal dated August 27, 1984, of the C & P Telephone Co. in the amount of $2,769.06 for the monthly lease of Centrex lines and $8,550.00 for a one-time wiring cost for the Roanoke County Courthouse facility, be, and I the same hereby is, accepted; and 5. That the County staff and consultants shall conduct an assessment of equipment necessary to complete the courthouse telephone system. Thereafter a recommendation shall be submittec to the Board of Supervisors concerning the purchase of said equipment; and 6. That the County Administrator be, and hereby is, authorized and directed to execute the necessary documents on I behalf of Roanoke County upon a form approved by the County Attorney. On motion of Supervisor Brittle and the following recorded vote: AYES: Supervisors Brittle, McGraw, Minter, Burton, and Nickens. NAYS: None. RESOLUTION 84-176.B AUTHORIZING THE COUNTY OF ROANOKE TO EXECUTE A DEED OF EASEMENT GRANTING APPALACHIAN POWER COMPANY AN EASEMENT ACROSS THE COUNTY'S STONEBRIDGE PARK PROPERTY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County of Roanoke be, and hereby is, I authorized to grant a right-of-way and easement to Appalachian Power Company across the County's Stonebridge Park property; saiè easement being fifteen (15') feet in width and running along the west side of Tulip Lane and being more particularly described on - a plat prepared by Appalachian Power Company dated August 24, ~ ç" ./'} f~i ;) -., October 9, 1984 1984; provided however, that the County of Roanoke shall incur no financial liability as a result of its execution of said deed of I easement and said deed of easement to be otherwise approved as to form by the County Attorney; and 2. That the Chairman of this Board be, and hereby is, authorized and directed to execute the aforesaid deed of easement on behalf of the County of Roanoke. On motion of Supervisor Brittle and the following recorded vote: AYES: Brittle, McGraw, Minter, Burton and Nickens NAYS: None. RESOLUTION 84-176.C AUTHORIZING THE COUNTY ADMINISTRATOR TO NAME CERTAIN STREETS FOR EMERGENCY-911 COMMUNICATION PURPOSES BE IT RESOLVED by the Board of Supervisors of Roanoke I County, Virginia, as follows: 1. That the Emergency-911 communications system now being implemented by Roanoke County will require that all roads in the County be assigned names in lieu of route numbers; and 2. That §15.1-379 of the 1950 Code of Virginia, as amended, authorizes the Board of Supervisors to name certain streets by resolution; and 3. That it is anticipated that several hundred unnamed roads and streets will have to be named over the next twelve months to implement the E-9ll communications system and that it would be more expeditious and cost effective to delegate this I responsibility and authority to the County Administrator; and 4. That the County Administrator is authorized to develop and administer a street naming policy and program and to administratively assign names to said streets and roads on behalf of the Board of Supervisors. On motion of Supervisor Brittle and the following recorded vote: AYES: Supervisors Brittle, McGraw, Minter, Burton and Nickens - ~ ,....--- ... ~:~ 1 #t--~ .':'~13 --~.. ~p . October 9, 1984 NAYS: None. RESOLUTION NO. 84-l76.D ACCEPTING A CERTAIN BIDS MADE TO ROANOKE COUNTY FOR PARTITIONS FOR THE DEPARTMENTS OF DEVELOPMENT AND PUBLIC FACILITIES I BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain bid of Design Business Interiors, Inc. in the amount of $17,000.00 for partitions for the Departments of Development and Public Facilities, upon all and singular the terms and conditions of the invitation to bid, the specifications of the County of Roanoke, the bidder's proposals, and the provisions of this resolution, be, and same hereby is, ACCEPTED; and 2. That the County Administrator is hereby authorized and directed to execute the necessary documents on behalf of I Roanoke County, all to be upon form approved by the County Attorney; and 3. That all other bids for this purchase are hereby rejected and the Clerk is directed to so notify such bidders and express the County's appreciation for the submission of their bids. On motion of Supervisor Brittle and the following recorded vote: AYES: Supervisors Brittle, McGraw, Minter, Burton and Nickens. NAYS: None. RESOLUTION 84-176.E AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES TO DEVELOP THE WEST COUNTY RESERVOIR PROJECT I BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to execute an agreement upon a form approved by the County Attorney with the firm of Hayes, Seay, Mattern & Mattern to - ~ 21 -.., October 9. 1984 provide certain professional engineering and design services to develop the West County Reservoir; and I 2. That the development of the West County Reservoir Project will require the professional services of a design consultant to provide the necessary investigative design and construction inspection work; and 3. That the County Administrator is authorized to negotiate an acceptable professional fee with the above mentioned firm in an amount not to exceed $1,983,551.00; and 4. That all other proposals for this project are hereby rejected and the Clerk is directed to so notify such proposers and express the County's appreciation for the submission of their bids. On motion of Supervisor Brittle with the addition of 'and for successful bid purchasers' to be added to paragraph 5 of the I report, and the following recorded vote: AYES: Supervisors Brittle, McGraw, Minter, Burton, and Nickens. NAYS: None. RESOLUTION 84-176.F DECLARING CERTAIN MOTOR VEHICLES TO BE SURPLUS PROPERTY AND PROVIDING FOR THEIR DISPOSAL BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: l. That the Department of Public Facilities has submitted a report declaring certain motor vehicles to be surplus property; and 2. That it has been recommended that certain such I surplus vehicles be transferred to other using agencies or department; and 3. That it has also been recommended that certain such surplus vehicles be sold at public sale; and 4. That pursuant to Section 2-44 of the Procurement Practices Ordinance, the following list of surplus motor vehicles - ~ ~ 21 t3 October 9, 1984 are hereby declared to be surplus property and shall be disposed of by the Purchasing Agent as recommended: Vehicle # Description Recommendation I M64240 64 GMC, Packer Sell BG903 67 Kaiser, Snow Plow Sell MP201 77 Dodge, Station Wagon Sell MP204 78 Plymouth, 4-dr. Sedan Sell MP215 75 Chevrolet, Vega Sell MP206 75 Ford, Pickup Sell MP210 75 Ford, Pickup Sell MP211 73 Dodge, Pickup Sell RC830 69 Int. , Packer Sell RC832 73 Ford, Packer Sell RC852 66 Int. , Dump Truck Sell A80104 80 Plymouth, Sedan Transfer to School Board A80l07 80 Plymouth, Sedan Sell A80l09 80 Plymouth, Sedan Sell A80112 80 Plymouth, Sed an Sell A80113 80 Plymouth, Sedan Sell A77116 77 Plymouth, Sedan Sell A78101 78 Plymouth, Sedan Transfer to School Board A78104 78 Plymouth, Sedan Transfer to School Board A78l05 78 Plymouth, Sedan Transfer to School Board A78106 78 Plymouth, Sedan Transfer to School Board A79102 79 Chrysler, Sedan Sell A79112 79 Chrysler, Sedan Transfer to Motor Pool A791l3 79 Chrysler, Sedan Sell I C79122 79 Mercury, Sedan Sell C79124 79 Ford, Sedan Sell A81105 81 Ford, Sedan Transfer to Motor Pool 79050 79 Dodge, Pickup Transfer to School Board L78080 78 Ford, Pickup Transfer to School Board 5. That the County Administrator is hereby authorized to execute such documents as may be necessary to transfer the ownership and certificate of title in said certain vehicles to the Roanoke County School Board amended to add: "and for successful bid purchasers." On motion of Supervisor Brittle and the following recorded vote: AYES: Supervisors Brittle, McGraw, Minter, Burton and Nickens. NAYS: None. IN RE: REPORTS OF OFFICERS, DEPARTMENTS, AND COMMITTEES I County Administrator - Mr. Flanders, County Administrator, presented the second issue of the Economic Quarterly and Roanoke County's Report to Its Citizens and commended David Meador for coordinating both projects. - l 2~: ..., , .il ~"'j , October 9, 1984 County Attorney - Presented Legislative Packet. Supervisor moved for approval of the Legislative Packet deleting I Item B-7. The motion carried by a unanimous voice vote. IN RE: APPOINTMENTS Supervisor Brittle made the following appointments to the Management Advisory Council: Mr. Richard W. Robers and Mr. Richard E. Cullinan. Mr. Cullinan is to represent accounting and Mr. Robers is to I rb:ß I