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4/22/1986 - Regular .., t 6 16 I Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24015 April 22, 1986 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of April, 1986. IN RE: CALL TO ORDER Chairman Brittle called the meeting to order at 3:01 p.m. The roll call was taken. I MEMBERS PRESENT: Chairman Alan H. Brittle¡ Vice-Chairman Bob Johnson¡ Supervisors Harry C. Nickens, Lee Garrett, and Steven A. McGraw MEMBERS ABSENT: None IN RE: OPENING CEREMONIES The Reverend Tom Jones of Fort Lewis Baptist Church gave the invocation. The Pledge of Allegiance was recited by all present. IN RE: COUNTY ADMINISTRATOR'S COMMENTS I 1. Notification of Award for Excellence in Financial Reporting - Mr. Hodge reported that the County has received a certificate of conformance from the Government Finance Officers Association. Supervisor Brittle presented a framed copy of the Certificate of Conformance to Dianne Hyatt, Assistant Superintendent of Fiscal Management. - ~ r 617 April 22, 1986 2. Certificate of Recognition - Chairman Brittle presented a framed copy of a certificate of Recognition, signed by Governor Baliles, to Paul M. Mahoney for his efforts in obtaining charter status for Roanoke County. I CERTIFICATE OF RECOGNITION BY VIRTUE OF THE AUTHORITY VESTED BY THE CONSTITUTION IN THE GOVERNOR OF THE COMMONWEALTH OF VIRGINIA, THERE IS HEREBY OFFICIALLY RECOGNIZED: THE ESTABLISHMENT OF A CHARTER FOR THE COUNTY OF ROANOKE WHEREAS, the Virginia General Assembly enacted legislation during its 1985 session authorizing the enactment of charters for counties in the Commonwealth¡ and WHEREAS, the General Assembly approved a charter for the County of Roanoke during the 1986 Assembly session¡ and WHEREAS, the charter for the County of Roanoke is the I first county charter to be granted under the provisions of the 1985 legislation¡ and WHEREAS, the County of Roanoke has become a leader among Virginia's counties in taking this major step toward increased effectiveness of services provided at the local level¡ NOW, THEREFORE, I, Gerald L. Baliles, do hereby recognize the County of Roanoke for its leadership in the enactment of its charter, and I commend the significance of this event to the attention of all Virginians. IN RE: REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge requested that a New Business item F5 be I added concerning the Public Safety Master Plan. Paul Mahoney, County Attorney, requested that a Requests for Public Hearing item H2 be added to authorize him to proceed with the legal advertising for a public hearing on the sale of the Old Bent Mountain Fire and Rescue Station. ----- ~ .., ffnS April 22, 1986 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS I Chairman Brittle presented a proclamation declaring May, 1986, as Older Americans Month to Ms. Debbie pitts of the Department of Parks and Recreation. Supervisor Brittle moved to approve the prepared Proclamation. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None I PROCLAMATION WHEREAS, Americans 55 years of age and older make up a significant and growing segment of our population¡ and WHEREAS, older Americans have, through their sacrifices, foresight, and determination, fashioned for all of us the lifestyle and comforts we currently enjoy¡ and WHEREAS, older Americans provide a living link for younger generations, to their heritage and their history¡ and WHEREAS, older Americans have made and continue to make significant contributions to all phases of American life. NOW, THEREFORE, We, the Roanoke County Board of Supervisors, do hereby join President Ronald Reagan in proclaiming the month of May, 1986 as Older Americans Month, and do likewise recognize the League of Older Americans for their sponsorship of this month of special recognition and honor for all older Americans. Chairman Brittle also presented a proclamation to Sandra Lovinguth, a Junior League representative, declaring May as Safety Belt month. Supervisor Brittle moved to approve the prepared Proclamation. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: I - ~ ~ 619 April 22, 1986 AYES: NAYS: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle None PROCLAMATION WHEREAS, motor vehicle accidents are the number one killer of persons up to the age of l4¡ and WHEREAS, safety belts, when used effectively, reduce the chance of death or serious injury by at least 50 percent¡ and WHEREAS, young children are especially vulnerable in motor vehicle accidents, when not properly restrained, and when in the vehicle of an unbuckled adult¡ and WHEREAS, the Junior League of the Roanoke Valley, Virginia, Inc., is joining forces with the police departments of Roanoke City, Roanoke County, Vinton, and Salem, as well as with the Safety Council of the Roanoke Valley, Roanoke Valley Safety Action Program, Department of Motor Vehicles, Boy Scouts of America, Spinal Cord Injury System, Salem Junior Women's Club, Lewis-Gale Hospital, Community Hospital, Roanoke Memorial Hospital, Roanoke City School Transportation Department, Virginia Auto Safety Alliance, and WFIR Radio to promote an educational program entitled "Get Caught - Buckled Up!". NOW, THEREFORE, We, the Roanoke County Board of Supervisors, do hereby proclaim the month of May, 1986, as SAFETY BELT MONTH. Supervisor Nickens directed staff to prepare a policy requiring all County employees driving County vehicles to wear safety belts. A proclamation declaring the week of April 21 through April 25, 1986, as Secretaries Week was presented to Mary Allen and Bobbie Hall, secretaries for the Board of Supervisors. Supervisor McGraw moved to approve the prepared Proclamation. The motion was seconded by Supervisor Garrett and carried by the following recorded vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle I I I ----- ~ ~ r 620 April 22, 1986 NAYS: None PROCLAMATION I WHEREAS, across the Nation, over 2,441,000 persons are currently employed in some form of secretarial work¡ and WHEREAS, Roanoke County employs 37 persons in I secretarial positions¡ and WHEREAS, secretaries are the backbone of any organization, including Roanoke County government¡ and WHEREAS, County secretaries are instrumental in the delivery of services to the citizens of Roanoke County¡ and WHEREAS, the Board of Supervisors wishes to recognize and express its appreciation to all County secretaries, including those who work closely with the Board allowing them to respond quickly and efficiently to constituents' needs. NOW, THEREFORE, We, the Roanoke County Board of Supervisors, do hereby proclaim the week of April 21 through April 25, 1986, as Secretaries' Week in Roanoke County¡ and FURTHER, suggest and encourage that all the departments of Roanoke County find appropriate methods to recognize the efforts of their secretarial staff. Mrs. Wallace Garst, President of the Thursday Morning Music Club, was present to accept a Proclamation declaring May 4 - 11, 1986, as National Music Week. PROCLAMATION WHEREAS, music plays an increasingly important role in our world today¡ and WHEREAS, music is one of the most sublime of human pursuits and is subscribed to by all races and creeds¡ and WHEREAS, music is the language of all peoples and one of the greatest forces in creating peace and harmony¡ and WHEREAS, the National Federation of Music Clubs--dedicated to encouraging young musicians, to increasing musical knowledge, and to advancing American music--and its I ~ ~ 621 April 22, 1986 cooperating organizations, join forces to direct attention to the dynamic influence of music in everyday living. NOW, THEREFORE, WE, the Roanoke County Board of Supervisors, do hereby proclaim the week of May 4 through 11, 1986, as NATIONAL MUSIC WEEK and ask that all citizens of this community observe and take part in activities, recognizing the importance of music,musicians, and musical organizations to the cultural life of our City, State, Nation, and World. Supervisor Brittle moved to approve the prepared Proclamation. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None Chairman Brittle requested that the scheduled resolution of appreciation for Walter Hughes be held for a future board meeting. Chairman Brittle also requested that the resolution of congratulations to the Glenvar Bobcats for winning the state girls basketball championship be moved to the Consent Agenda since no one was present to accept the resolution. I I IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Ms. Cleo Sims, Director of the Headstart Division of Total Action Against Poverty, was present to thank the Board for their support and funding. IN RE: NEW BUSINESS I 1. Presentation on the 1986-87 Highway Program - Mr. John Peters of the Department of Public Facilities, reported to the Board that the 1986-87 Secondary Highway Construction Allocation would be $79l,329, which is a 35 percent reduction ----- ~ ~ ~ 6 2 Z April 22, 1986 from last years funds. This is due to reduced funding of the State Highway Construction fund which in turn, is caused by I the state Motor Fuel Excise Tax. The revenues obtained from this tax are reduced because of lower gasoline prices. He reported that none of the primary or secondary highway projects scheduled for the coming year will be affected. 2. Request from the Regional Partnership for Increased Funding - Mr. Timothy Gubala, Assistant County Administrator of Community Development, presented a request from the Regional Partnership for an increase in local funding from $.50 to $.60 per capita. He reported that an increase in this funding would cost an additional $6,537.30 over the present level of $32,686.50. The Partnership has determined, however, that they can continue their current program level of activity based on the $.50 per capita formula. I Supervisor Brittle moved to continue funding at the current rate of $.50. The motion was seconded by Supervisor Garrett and continued by the following roll call vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None 3. Adoption of Stand-by Pay Policy - D. Keith Cook, Director of Human Resources, presented a stand-by pay policy for those County departments where there is a need for work to be performed outside of regularly scheduled hours. He recommended that the compensation for these employees be established at $.50 per hour. He also reported that there would be no need for additional appropriation of funds for the fiscal year ending June I 30,1986. Supervisor Nickens moved to approve the prepared resolution. The motion was seconded by Supervisor Brittle. RESOLUTION NO. 4-22-86-92 AUTHORIZING STAND-BY PAY POLICY WHEREAS certain County departments are called back for numerous after-hours emergencies¡ and ~ ~ 0° 6~~ April 22, 1986 WHEREAS it is necessary to insure availability of County staff to respond to after-hours emergencies. NOW, THEREFORE, BE IT RESOLVED by the Board of I Supervisors of Roanoke County as follows: l. A Stand-by Policy will be in full force and effect, and incorporated in the Roanoke County Employee Handbook. 2. That Section III G. of the Roanoke County Employee Handbook be amended by addition of sub-section 5 to read as follows: 5. Stand By In those County departments where there is a nee( for essential work to be performed outside of thE regularly scheduled hours, the County Adminis- trator, upon recommendation of the appropriate Department Head, may implement a stand-by polic~ within the parameters of the definition of stand by. Stand-by status is differentiated from on-cal~ status by the definitions listed in a. and b. below. The County Administrator may also authorize anc incorporate such operational procedures for imple- mentation of a stand-by policy as deemed necessar} within the County departments for which the stand-by policy is in effect. I Employees designated to be on stand-by status wil receive compensation as authorized by the Count~ Administrator and approved by the Board of Super- visors in the Adopted County Budget. Non-exempt employees called back to work while on stand-b~ status will receive compensation according to the County's policy on overtime compensation describec in Section VIIE(3). Exempt employees called bac~ to work while on stand-by status will receive com- pensation according to the County's policy on com- pensatory time or discretionary time as applicable. This policy is described in Section VIIE(4). a. Definition of Stand By A pre-planned status, where employees are required to be available for specific period~ of time to perform essential work outside of the regularly scheduled hours. Employee~ designated on stand-by status are not restricted in the personal use of time but must be available for call back when contacted b} "beeper" radio or telephone. I b. Definition of On Call Status designated by the job description whict subjects the employee to call back. NOW, FURTHER, BE IT RESOLVED by the Board of Super- ---- ~ 62~ o April 22, 1986 visors of Roanoke County: That this policy be in full force and effect in those I departments designated by the County Administrator and that the compensation for employees designated as being on stand by shall be 50¢ per hour. BE IT FURTHER RESOLVED, that no additional appropri- ation of funds is authorized for the fiscal year ending June 30, 1986, and the County Administrator is authorized to transfer funds in the current fiscal year budget to fund stand-by pay in designated departments. On motion of Supervisor Nickens, seconded by Supervisor Brittle and the following roll call vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None I 4. Request for SPCA Rate Increase - Ms. Dianne Hyatt, Assistant Superintendent of Fiscal Management, reported that the County currently has a contract with the SPCA to house County dogs for $1,260 per month, plus one-third of the refuse cost, plus shot fees. This averages to $3.98 per dog per day. The SPCA is now requesting a rate increase to $7.70 per dog, per day. She reported that after meeting with representatives of the SPCA, staff discovered that the City of Roanoke is paying $3.95 per dog, per day. Ms. Hyatt recommended that the current contract with the SPCA remain unchanged and that the SPCA arrange rate negotiations with the City and the County jointly to establish the same rate per dog, per day for both localities. Supervisor Johnson moved to support the recommendation I of the staff. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None 5. Public Safety Master Plan - Mr. Hodge, County Administrator, presented a request to adopt a Public Safety ----- ~ ~ 62S April 22, 1986 I Master Plan. This Plan has two major recommendations: the ! establishment of a County-wide fire chief's position and the establishment of a County Police department, under the direction I of a chief of police. Mr. Hodge recommended that a fire chief be named to oversee the operations of all paid fire personnel, volunteer fire departments, and rescue squads throughout the County. He also requested that Mr. Tommy Fuqua, current Fire and Emergency Services Coordinator, be named as the Fire Chief of Roanoke County. Mr. Fuqua would maintain his duties as Fire and Emergency Services Coordinator with the added responsibilities for the development of the department with special emphasis on the volunteer fire and rescue operation. He reported that he will present a report at the May 27, 1986, Board of Supervisors meeting, at which time he will request that the Board take action to implement this part of the plan. He also requested that Mr. 1986. I Fuqua be installed as the Roanoke County Fire Chief on June 1, Mr. Hodge and Sheriff Foster will be working over the next two months to conduct a feasibility study on the establishment of a County Police Department. He recommended that the police department have the responsibility for law enforcement duties such as: patrol work, crime investigation, and forensics¡ while the Sheriff's department would continue responsibility for jail administration, court security, and service of process. County costs should be matched with additional funding from the state as allowed under House Bill 599. Mr. Hodge reported that if the Board chooses to go forward with the establishment of a Police Department, a November referendum would I be required as would General Assembly authorizing legislation. He reported that this portion of the Master Plan should be implemented by July, 1987. Sheriff o. S. Foster was also present and reported to the Board that he is in support of the study being made to ----- ~ ~ 626 April 22, 1986 I establish the police department. He felt that the creation of the police department would be beneficial due to the growth of the Department. Mr. Hodge reported that he has already met with the volunteer rescue captains and the fire chiefs and has received their support. Supervisor Nickens moved to concur with the County Administrator's recommendation. The motion was seconded by Supervisor Brittle and carried by the following recorded vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None IN RE: REQUESTS FOR WORK SESSIONS I Supervisor Johnson requested a work session in May to discuss the water situation. He also requested that the Planning Commission be invited. Supervisor Johnson also requested a work session to discuss the space requirements for County offices. A work session to discuss the River Parkway was requested by Supervisor Brittle. He requested that the Planning Commission be invited. Mr. Hodge reported that this work session has already been scheduled for May 13, 1986. Mr. Brittle also requested a work session to discuss the development of a 419 Master Plan. IN RE: REQUESTS FOR PUBLIC HEARINGS I Mr. Mahoney presented a request for a public hearing on May 13, 1986, for the disposition of 0.007 acre of land on State Route 692. ----- ~ ~ 627 April 22, 1986 Mr. Hodge concurred with the Board's request that the Board of Supervisors waive the $100 fee to the State Highway Department. Supervisor Nickens moved to proceed with the public I hearing. The motion was seconded by Supervisor Johnson and carried by the following roll call vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None Mr. Mahoney also requested that the Board authorize him to schedule a public hearing on the sale of the Old Bent Mountain Fire and Rescue Station. Supervisor Nickens moved to proceed with the public hearing. The motion was seconded by Supervisor Johnson and carried by the following roll call vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None I IN RE: APPOINTMENTS Supervisor Nickens nominated J. Andrew Archer and Supervisor Garrett nominated Sherry Robinson to the Court Service Unit Advisory Council/Youth and Family Services Advisory Board. Supervisor Brittle nominated Leonard J. Winger to the Recreation Commission. Supervisor Nickens moved to approve the appointments. Supervisor Brittle suggested that the appointments be placed on the Consent Agenda. Supervisor Nickens withdrew his motion and moved to I place the appointments on the Consent Agenda for May 13, 1986. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None ---- ~ ~ 62~ April 22, 1986 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS I I Supervisor Johnson - Supervisor Johnson reported that Clean Valley Day was a huge success. He reported that 35 tons or 70,000 pounds of trash that was collected were from County areas. He also requested that in the future a resolution of appreciation be prepared for the Clean Valley Council. Supervisor Nickens - Supervisor Nickens inquired about the status of using summer youth to help clean up parks. John Hubbard, Assistant County Administrator of Public Facilities, reported that last year, his staff tried to arrange for summer youth to help with the maintenance of parks, but never received any employees, but that they would try again this year. Supervisor Nickens also requested that a resolution of appreciation be prepared for the Catawba citizens for their hard work on the Catawba Community Center. Supervisor Garrett - Supervisor Garrett inquired about the status of the Cresthill subdivision problems. Mr. Hodge reported that he and John Hubbard have visited the area and have devised several alternatives to the problem. He reported that he will report back to the board about the problem in this area and other problem areas throughout the County at a future board meeting. I Supervisor McGraw - Supervisor McGraw requested that a resolution be prepared for the Catawba citizens for their efforts on the Catawba Community Center. Supervisor McGraw also reported on the success of the Antique Car Show held at Tanglewood Mall, the first event of "Uptown Roanoke County". He requested that the County Administrator write a letter to the Antique Car Club expressing the Board's appreciation for their help in this event. ~ ~ ~ 629 April 22, 1986 He also updated the Board on the Western Virginia Development meeting. Supervisor Brittle - Supervisor Brittle directed Sally I Turner, Administrative Analyst, to prepare a report on the use of visuals for County projects. IN RE: CONSENT AGENDA Supervisor Nickens moved to approve the Consent Agenda with the addition of the resolution of congratulations to the Glenvar Bobcats for winning the state girls basketball championship. The motion was seconded by Supervisor Brittle. RESOLUTION NO. 4-22-86-95 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke I County, Virginia, as follows: l. That that certain section of the agenda of the Board of Supervisors for April 22, 1986, designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Item 1 and 2 inclusive, as follows: 1. Minutes of Meeting - April 8, 1986, April 15, 1986 2. Resolution for support of the nomination of Steve McGraw to the Governor's Commission on Local Government Structures and Relationships 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 I this resolution. On motion of Supervisor Nickens to approve the Consent Agenda with the addition of the resolution of congratulations to the Glenvar Bobcats for winning the state girls basketball ----- ~ ~ 630 April 22, 1986 championship, seconded by Supervisor Brittle and the following recorded vote: I AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None RESOLUTION 4-22-86-95.A ENDORSING THE APPOINTMENT OF STEVEN A. MCGRAW TO THE COMMISSION ON LOCAL GOVERNMENT STRUCTURES AND RELATIONSHIPS WHEREAS, Steven A. McGraw, member of the Roanoke County Board of Supervisors, has long been an advocate of halting the destructive practice of annexation¡ and WHEREAS, at the Virginia Association of Counties fall legislative conference, he organized an anti-annexation support group with representatives from more than 16 counties¡ and WHEREAS, that group did present to the General Assembly a recommendation for the formation of a commission to study the I problems and concerns resulting from annexation proceedings¡ and WHEREAS, the General Assembly acted by a joint resolution to form such a study commission¡ and WHEREAS, Steven A. McGraw has been recommended by the Virginia Association of Counties to be a representative on that commission. NOW, THEREFORE, the Roanoke County Board of Supervisors does express its support for Mr. McGraw's nomination and further expresses its hope that Governor Gerald L. Baliles will appoint Mr. McGraw to the Commission on Local Government Structures and Relationships so that this important study may progress. On motion of Supervisor Nickens, seconded by Supervisor Brittle I and the following roll call vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None RESOLUTION 4-22-86-95.B OF CONGRATULATIONS TO THE GLENVAR BOBCATS UPON WINNING THE SECOND ANNUAL YOUTH STATE BASKETBALL TOURNAMENT IN THE ELEVEN AND TWELVE AGE GROUP ----- ~ ~ 631 April 22, 1986 WHEREAS, the Glenvar Bobcats won the Virginia Recreation and Parks Society Girls District Basketball Championship of Southwest Virginia with a record of 15 wins and one loss¡ and WHEREAS, as a result of this achievement, the Glenvar Bobcats qualified to represent Roanoke County at the Second Annual Youth State Basketball Tournament¡ and WHEREAS, at the State Tournament, the Glenvar Bobcats defeated the Suffolk Blazers 30 to 19, thereby earning the title of State Champions¡ and WHEREAS, as a result of her superior ability and contribution to the team's victory, Cammi Beason was named Most Valuable Player¡ and WHEREAS, these accomplishments bring honor and recognition not only to the team members, their coaches and their families, but also to Roanoke County, the Roanoke Valley, and all of Southwestern Virginia. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the Glenvar Bobcats: Yvette Allen, Cammi Beason, Dana Chaszar, Emily Ferguson, Christi Horton, Sara Isenhart, Kim Jackson, Tami Schaffer, Staci Setzer, and Valerie Smelzer, and their coaches, Tom Isenhart and Jack Beason, be individually and collectively recognized for winning the Second Annual Youth State Basketball Tournament in the eleven and twelve age group. On motion of Supervisor Nickens, seconded by Supervisor Brittle and the following recorded vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None I I I IN RE: REPORTS ----- ~ ~ , 632 April 22, 1986 The Supervisors: I I I l. 2. 1986. 3. County. 4. 1986. 5. following reports were received by the Board of Accounts paid for the month of March, 1986. Minutes of the Planning Commission - April 11, Report on community water systems in Roanoke Financial statements for the period ended March 31, Treasurer's statement of accountability. Supervisor Nickens inquired about the Clearbrook Water System. Mr. Hubbard reported that their engineers have submitted plan to his department for review. He is still in the process of acquiring easements. 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) and (6). The motion was seconded by Supervisor Garrett and carried by a unanimous voice vote. IN RE: OPEN SESSION Supervisor Johnson moved to return to Open Session. The motion was seconded by Supervisor Nickens and carried by a unanimous voice vote. I IN RE: RECESS Chairman Brittle called for a dinner recess at 5:30 p.m. IN RE: CALL TO ORDER ~ 633 April 22, 1986 Chairman Brittle called the meeting back to order at 7:03 p.m. Chairman Brittle announced that the petition of T. R. Leslie has been continued by the request of the petitioner. He also announced that a public hearing will be held on May 13, 1986, to receive any citizens comments on issues concerning the 1987 General Assembly legislation. I IN RE: CITIZENS COMMENTS AND COMMUNICATIONS Mr. Jim Thacker, 3242 Woodview Road, Roanoke, Virginia, 24018, was present to request that the Board build a soap box derby track at one of the parks in the County. Supervisor McGraw reported to Mr. Thacker that the County staff has been working on this and that Green Hill Park is a potential site. Supervisor McGraw directed John Hubbard to investigate the building of the track when evaluating the parks. Mr. J. R. Huddle, 8718 Martins Creek Road, Roanoke, Virginia, 240l8, was present to appeal the decision of the Commissioner of Revenue denying his petition for a raffle permit. Mr. Hodge reported that the County Attorney has not had a chance to review the raffle permit and requested that the Board continue this matter to April 29, 1986, to allow time for the County Attorney to review the application. Supervisor Garrett moved to hold the petition until Tuesday, April 29, 1986, at 11:00 p.m. The motion was seconded by Supervisor Nickens. Supervisor Brittle called for questions. The motion carried by the following recorded vote: AYES: Supervisors Nickens, Garrett, McGraw, and Brittle NAYS: Supervisor Johnson Mr. Bob Wingfield, 134 Elwood Street, NW, Roanoke, Virginia, was present to oppose the granting of a variance by the I I ---- ~ .., 634 April 22, 1986 Board of Zoning Appeals on Wednesday, April 16, 1986, of R. Wayne Compton in Lot 5, Section 2 of the North Hills Subdivision. I Supervisor Brittle moved to direct the County Attorney to institute legal proceedings to appeal the variance granted by the BZA to R. Wayne Compton and to seek an injunction or other legal remedies to maintain status quo. The motion was seconded by Supervisor Garrett and carried by the following roll call vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None IN RE: PUBLIC HEARINGS Public Hearing to set a real estate tax rate of not more than $1.15 per $100 assessed valuation. APPROVED I Mr. John Chambliss, Assistant County Administrator of Management Services, recommended that the Board of Supervisors set the real estate tax rate at $1.15 per $100 assessed valuation. This is the same tax rate that was established for the 1985 tax year. There were no citizens present to speak on this matter. Supervisor Johnson moved to approve the prepared resolution. The motion was seconded by Supervisor McGraw. RESOLUTION 4-22-86-96 SETTING THE TAX LEVY ON REAL ESTATE SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1986 BE IT RESOLVED that the levy for the twelve-month period beginning January l, 1986 and ending December 3l, 1986 be, I and hereby is, set for a tax rate of $1.15 per one hundred dollars of assessed valuation on all classes of taxable real estate and mobile homes as classified by Sections 58.1-3200, 58.l-3506, and 58.1-3506 B. of the 1950 Code of Virginia, as amended, situate in Roanoke County. ----- ~ ~ 635 April 22, 1986 On motion of Supervisor Johnson, seconded by Supervisor McGraw and the following roll call vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None I Public hearing to receive citizen comment on the proposed 1986-87 budget. Ms. Dianne Hyatt and Ms. Reta Busher of Management Services presented the proposed budget. Mr. Hodge reported that the Board had earlier directed him to work with Mr. Bayes Wilson, Superintendent of Roanoke County Schools, to find an additional $142,000 to be used for teachers' salaries. He has met with him several times and as a result they were able to reassign priorities. An agreement was reached that the School Board would take $71,000 from their budget and Mr. Hodge would take $71,000 from the Board Mr. Brian R. Monday, 1917 Arden Road, SW, Roanoke, I contingency fund to create the $142,000. Virginia, was present as a representative of the Free Clinic. He requested that the Board generously fund human services. Chairman Brittle informed Mr. Monday that the Human Services Committee will be dividing the sum given to them between the different agencies. Supervisor Johnson suggested that the Board change the funding for Human Services from $14,600 to $25,000 and change Cultural Arts from $25,000 to $14,600. Mr. Charles Copenhaver, 3758 Hummingbird Lane, SW, Roanoke, Virginia, 24018, was present to thank the Board for allocating funds to the inflow/infiltration study. Supervisor Johnson moved that during the Board of I Supervisors budget deliberations the sum of $15,000 be allocated to Cultural Arts and $24,600 to Human Services. The motion was seconded by Supervisor McGraw. ----- ~ .., April 22, 1986 636 Supervisor Nickens reported that he concurs with the intent of Supervisor Johnson's motion but suggested an amendment I to fund $29,600 to Human Services and $10,000 to Cultural Arts. Supervisor Johnson did not accept the amendment since he felt that more should be allocated to Cultural Arts. After further discussion, Supervisor Johnson called for the questions. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None Petition of T. R. Leslie Contractor, Inc., for a Special Use Permit to operate a sanitary fill method garbage and refuse site for a three-year period on the east side of Route 221 in the Cave Spring Magisterial District. CONTINUED I petition of W. Earle Spruill, Jr., requesting rezoning from B-2 to B-3 to construct an automobile lubrication facility located on the north side of Route 419 in the Cave Spring Magisterial District. HELD OVER FROM MARCH 25, 1986 APPROVED Mr. Earle Spruill, Jr. and his attorney, Clifton A. Woodrum, were present to answer any questions the Board might have. Mr. Woodrum presented photographs of the proposed site and an amended Proffer of Conditions which provides for the reversion to B-2 if the property is not used as an automotive lubrication facility. Supervisor Johnson inquired if the site would contain I gas pump facilities. Mr. Woodrum reported that there would only be self-service pumps at the site. Supervisor Garrett reported that he has spoken with Mr. Spruill concerning this project and is very impressed by the staff report. There was no one present in opposition. r 637 I April 22, 1986 Supervisor Garrett moved to proceed in a positive manner. The motion was seconded by Supervisor Johnson. After continued discussion, Supervisor Johnson call for questions. FINAL ORDER I NOW, THEREFORE, BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Maps as Parcel 77.19-1-18.3 and recorded in Deed Book l229, Page 391, and legally described below, be rezoned from B-2 Business District to B-3 Business District. DESCRIPTION OF 0.202 ACRE PARCEL SITUATE ON ROUTE 419 ROANOKE COUNTY, VIRGINIA BEGINNING at a point in the northerly right of way of Virginia Route 419, said point being Point Number 1 on plat showing property being conveyed to C & B Associates and Donald H. & Constance L. Pollard, prepared by Buford T. Lumsden & Associates, dated October 31, 1985¡ thence leaving Route 419 and with the remaining land of COBUL ASSOCIATES, N. 44° 02' 00" W. 140.00 feet to corner Number 2 on said map¡ thence with the southerly line of Tract Number 2, N. 41° 06' 20" E. 71.96 feet to a point¡ thence leaving Tract Number 2, S. 34° 23' E. 161.02 feet to a point in the northerly right-of-way of Route 4l9¡ thence with said right-of-way, S. 55° 37' 00" W. 18.00 feet to corner Number 5 on the aforesaid map¡ thence with said right-of-way, S. 65° 37' 00" W. 28.63 feet to the point of BEGINNING, and containing 0.202 acres and being the westerly portion of Tract Number 1 on the aforesaid Lumsden Plat, and being as shown on The Dimensional Plan for HOT-Z FOOD MART by T. P. Parker & Son, Ltd. 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 Garrett, seconded by I Supervisor Johnson and the following recorded vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None AMENDED PROFFER OF CONDITIONS TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY: ~ .., f 638 April 22, 1986 BEING in accord with Section 15.1-491.1 et seq of the Code of Virginia and Section 2l-l05E. of the Roanoke County I Zoning Ordinance, the Petitioner, W. Earle Spruill, Jr., hereby voluntarily proffers to the Board of Supervisors of Roanoke County, Virginia the following conditions to the rezoning of the above-referenced parcel of land: If rezoned B-3, the property will not be used for any of the following purposes described in 21-23-3: (4) Used car sales, mobile home sales, farm implement sales, recreational vehicle sales, and car rental agencies, subject to special exceptions granted by the governing body¡ ( 5 ) Public utilities¡ ( 6 ) Retail photograph stores¡ and ( 7 ) Public dance halls, subject to the provisions of Article II, Chapter 4 of this Code and upon a special exception I being approved by the Board of Supervisors. When located as an accessory use to a restaurant where food and beverages are served¡ such dance floor shall not have an area exceeding ten percent (10%) of the total floor area of the restaurant. This floor area shall be calculated so as to exclude restrooms, hallways, storage, kitchen and office area. (8) If the property is not used, or if used, ceases to be used as an indoor automotive lubrication facility as outlined in the application for rezoning, the zoning of this land shall revert to B-2 classification. I Petition of Gertrude Lewis and Jessie A. Hanin Twine requesting vacation of a portion of Connie Drive as shown on the plat of Brax-Han in the Hollins Magisterial District. APPROVED Mr. Gertrude Lewis, 6960 Connie Drive, Salem, Virginia, was present to answer any questions the Board might have. She reported that she wished to have this property vacated so that - ~ ~ 639 April 22, 1986 she could build a garage. There was no one present in opposition. Supervisor Johnson moved to approve the vacation. The I motion was seconded by Supervisor Garrett. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that a portion of Connie Drive right-of-way, hereinabove described on a plat attached hereto, be permanently vacated and abandoned. BE IT FURTHER ORDERED that a copy of this order be transmitted to the Department of Development and that this order be recorded by the Petitioner along with the attached plat among the land records of Roanoke County. Public Hearing on an Ordinance to amend Section 2-3 of the Roanoke County Code to increase the bad check fee from $l5.00 to $20.00. APPROVED I Mr. Paul Mahoney, County Attorney, presented a proposed ordinance increasing the bad check fee. Mr. Alfred C. Anderson, Treasurer, prepared a report, which is included in the packet, stating that the $15.00 bad check fee is not sufficient to cover the expenses incurred. There was no one present in opposition. Supervisor Nickens moved to approve the prepared ordinance. The motion was seconded by Supervisor Brittle. ORDINANCE 4-22-86-97 AMENDING AND REENACTING SECTION 2-3 OF THE ROANOKE COUNTY CODE TO INCREASE THE BAD CHECK FEE FROM $15.00 TO $20.00 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: I l. That Section 2-3 of Article I of Chapter 2, Administration be amended and reenacted to read and provide as follows: Sec. 2-3. Charge for bad check tendered to the county. ---- ~ .., I' 64n April 22, 1986 If any check tendered for any amount due the county is not paid by the bank on which it is drawn as the result of insuf- I ficient funds in the account or if there is no such account, the person by whom such check was tendered shall remain liable for the payment of such amount the same as if such check had not been tendered and, in addition to other penalties imposed by law, shall be subject to a charge of f~f~ee8 ðe~~afs +$~57eet twenty dollars ($20.00). On motion of Supervisor Nickens, seconded by Supervisor Brittle and the following roll call vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None I Public Hearing on an ordinance repealing, amending, and re-enacting Section 2-16 of the Roanoke County Code, "Organizational Structure" of County Administration. APPROVED Mr. Mahoney also presented a proposed ordinance changing the structure of County Administration. There was no one present in opposition. Supervisor Nickens moved to approve the prepared resolution. The motion was seconded by Supervisor Johnson. ORDINANCE 4-22-86-98 REPEALING, AMENDING, AND REENACTING SECTION 2-16 OF THE ROANOKE COUNTY CODE, "ORGANIZATIONAL STRUCTURE" OF COUNTY ADMINISTRATION BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: I 1. That Section 2-16 is hereby repealed in its entirety. 2. That a new Section 2-16 is enacted and adopted as follows: Section 2-16. Administrative departments. a) The board of supervisors may establish and staff new departments or subdivisions thereof, combine or abolish existing departments, and distribute the ~ """" 641 April 22, 1986 functions thereof or establish temporary departments for special work. b) The board of supervisors may, by resolution, delegate this power and authority to the county administrator as it deems appropriate. I c) The county administrator shall have, in addition to the responsibilities vested in him by section 15.1-115 et seq. of the Code of Virginia and the county charter, such other duties as provided from time to time by the board of supervisors. 3. That the provisions of this ordinance shall be effective from and after the date of its adoption. On motion of Supervisor Nickens, seconded by Supervisor Johnson and the following roll call vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None IN RE: EXECUTIVE SESSION Supervisor Brittle moved to go into Executive Session I pursuant to the Code of Virginia 2.1-344 (a) (2). The motion was seconded by Supervisor McGraw and carried by a unanimous voice vote. IN RE: OPEN SESSION Supervisor Garrett moved to return to Open Session. The motion was seconded by Supervisor Johnson and carried by a unanimous voice vote. IN RE: ADJOURNMENT I Chairman Brittle adjourned the meeting to Tuesday, April 29, 1986, at 11:00 a.m. for the purposes of adopting the 1986-87 budget. )u..... \¡, ~~\ '\. ----- Chairman ~