7/9/1985 - Regular
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, SW
Roanoke, Virginia 24015
July 9, 1985
The Roanoke County Board of Supervisors of Roanoke
County, Virginia, met this day at the Roanoke County
Administration Center, this being the second Tuesday, and the
second regularly scheduled meeting of the month of July, 1985.
IN RE:
CALL TO ORDER
Chairman McGraw called the meeting to order at 3:07 p.m.
The roll call was taken.
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MEMBERS PRESENT:
Chairman Steven A. McGraw; Vice-Chairman
Athena E. Burton; Supervisors Alan H.
Brittle, Gary J. Minter, and Harry C.
Nickens
MEMBERS ABSENT:
None
IN RE:
CONSENT AGENDA
Supervisor Burton requested that Item 11 be removed for
discussion. She questioned how it could be placed on the Consent
Agenda if policy has not been established on waiving fees. Paul
Mahoney, County Attorney and Acting County Administrator,
recommended that the Board approve that all requests be reviewed
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by the Commissioner of Revenue and himself to be sure the
requests comply with the State Code. Mr. Mahoney requested that
Item 11 be removed from the Consent Agenda.
Supervisor Burton moved to approve the Consent Agenda
with the deletion of Item 11.
RESOLUTION NO. 85-115 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET FORTH
ON THE BOARD OF SUPERVISORS AGENDA
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Julv 9. 1985
FOR THIS DATE DESIGNATED AS ITEM A -
CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
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County, Virginia, as follows:
1. That that certain section of the agenda of the
Board of Supervisors for July 9, 1985, designated as Item A -
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 13, inclusive, as follows:
1. Letter dated June 20, 1985, from Fred Altizer,
Department of Highways and Transportation to
Timothy Gubala concerning industrial access into
Southwest Industrial Park.
2. Letter dated June 17, 1985, from David A. Kelly, C
& P Telephone Company enclosing a copy of an Order
Directing Public Notice and Inviting Comment in the
Virginia State Corporation Commission Case No. PUC
830039.
3. Monthly Report from Lowell M. Gobble, Department of
Extension and Continuing Education covering events
of the Virginia Cooperative Extension Service
during May 1985.
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4. Bid Reports on the following:
a. Janitorial Services
b. Protective Clothing - fire
c. Miscellaneous stone
d. Well drilling program (Appropriation Resol.)
-Resolution
5. Financial statements for May 1985.
6. Accounts paid for June 1985.
7. Purchase of cemetery plots.
-Appropriation Resolution.
8. Submission of subdivision street for Virginia
Department of Highways and Transportation
maintenance - Lantern Street in the Catawba
Magisterial District.
-Order.
9. Assessment for VML/VACO task force on telephone
rate negotiations.
-Appropriation Resolution.
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10. Letter dated June 25, 1985, from Oscar Mabry,
Virginia Department of Highways and Transportation
approving the addition of winter set Drive from
Route 632 to a south cuI de sac into the Secondary
System.
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~~. Re~öe8~ €er Ra€€±e Permi~ €rem ~he Vir~ifiia
erfiamefi~a± Sire Seeie~y. Re~öe8~8 ~ha~ €ee ee
waivee.
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July 9, 1985
12. Budget adjustments for 1985-1986.
-Appropriation Resolution
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13. Revision to Pay and Classification Plan - delete
position of Associate planner and add position of
Planner.
-Resolution
2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Burton with the deletion of Item 11 and
the following recorded vote:
AYES: Supervisors Brittle, Burton, and McGraw
NAYS: None
ABSENT: Supervisors Minter and Nickens
RESOLUTION 85-ll5.A ACCEPTING CERTAIN
BIDS MADE TO ROANOKE COUNTY SET FORTH AS
FOLLOWS
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BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That those certain bids set forth as follows in the
following words and figures be, and hereby are, accepted, 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, to-wit:
a. Janitorial services for various County buildings
for one year - Oxford Building Services in the amount
of $75,380.04.
b. Purchase of protective clothing to be utilized by
personnel in the Fire and Emergency Services Division
of the Department of Public Safety - Zimmerman-Evans
and Fire & Safety Control Company in an amount not to
exceed $19,000.00.
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c. One year contract to furnish and deliver various
grades of stone - S. R. Goff Hauling for $5.00 per
ton and not to exceed $15,450.00.
d. One year contract to perform certain well
drilling for the Department of Public Facilities -
Bedford Well Drilling in an amount not to exceed
$21,600.00 per well.
2. That the County Administrator is hereby authorized
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July 9, 1985
and directed to execute the necessary documents on behalf of
Roanoke County upon a form approved by the County Attorney; and
3. That all other bids are hereby rejected and the
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Clerk is directed to so notify such bidders and express the
County's appreciation for the submission of their bids.
On motion of Supervisor Burton and the following recorded vote:
AYES: Supervisors Brittle, Burton, and McGraw
NAYS: None
ABSENT: Supervisors Minter and Nickens
Resolution Number 85-ll5.B
On rrotion made by Supervisor Burton, the General Appropriation Resolution
f Roanoke County, Virginia, adopted June 11, 1985 be, and is the same hereby
nded as follows to becaœ effective as of the date of the adoption of this
esolution.
DESCRIPTION
ACCOUNT NUMBER
I~E
(DEŒFASE)
ExPenditures
utility Capital
Well Drilling Project 85-l-W
$ 21,600
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96-6-60102-0-00101
Revenues
utility Capital
Transfer From Water
96-5-51900-00000
21,600
ExPenditures
utility
Non-De¡;artmental - Water
Transfer To utility Capital
Unappropriated Balance
92-6-09107-0-90096
92-6-09107-0-99999
21,600
(2l,600)
To appropriate money for the drilling of one water well.
On motion of Supervisor Burton and the following recorded vote:
AYES: Supervisors Brittle, Burton, and McGraw
NAYS: None
ABSENT: Supervisors Minter and Nickens
Resolution Number 85-ll5.C
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On rrotion made by Supervisor Burton, the General Appropriation Resolution
f Roanoke County, virginia, adopted June 11, 1985 be, and is the same hereby
nded as follows to becaœ effective as of the date of the adoption of this
esolution.
DESCRIPTION
ACCOUNT NUMBER
I~E
(DEŒFASE)
Class:
Fund:
Dept. :
Object:
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July 9, 1985
ExPenditures
General
Social Service Administration
Purchase of Land
03-6-05101-0-70091
$ 1,055
Dept.: Unappropriated Balance
03-6-99999-0-99999
(1,055)
To appropriate funds for two gravesites for indigents.
On motion of Supervisor Burton and the following recorded vote:
AYES: Supervisors Brittle, Burton, and McGraw
NAYS: None
ABSENT: Supervisors Minter and Nickens
Resolution Number 85-ll5.D
On rrotion made by Supervisor Burton, the General Appropriation Resolution
of Roanoke County, Virginia, adopted June 14, 1984 be, and is the same hereby
amended as follows to becaœ effective as of the date of the adoption of this
resolution.
DESCRIPTION
ACCOUNT NUMBER
llŒFASE
(DEŒFASE)
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Class:
Fund:
Dept. :
Object:
ExPenditure
General
Board of Supervisors
Professional Services
03-6-01101-0-30020
03-6-99999-0-99999
$ 2,202
(2,202)
Dept.: Unappropriated Balance
To appropriate money to participate in VACO telephone negotiation~.
On motion of Supervisor Burton and the following recorded vote:
AYES: Supervisors Brittle, Burton and McGraw
NAYS: None
ABSENT: Supervisors Minter and Nickens
Resolution Number 85-l15.E
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On rrotion made by Supervisor Burton, the General Appropriation Resolution
of Roanoke County, Virginia, adopted June 11, 1985 be, and is the same hereby
amended as follows to becaœ effective as of the date of the adoption of this
resolution.
DESCRIPTION
Class:
Fund:
Dept. :
Center:
Object:
ACCOUNT NUMBER
llŒFASE
(DæRFASE)
NOTES
ExPenditures
General
Fire
Fire Suppression
Professional Services
$ 6,000
03-6-03201-2-30090
(l)
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Street Lighting
Professional Services 03-þ-04104-0-30020 15,000 (2)
Planning and Zoning I
Planning and Land Use
Management
Salaries 03-6-08100-2-10000 3,932 (3)
FICA - Employer's
Contribution 03-6-08100-2-20010 277 (3)
VSRS - Employer's
Contribution 03-6-08100-2-20020 457 (3)
LI - Employer's
contribution 03-6-08100-2-20060 40 (3)
Extension and Continuing
Education
Salaries 03-6-08300-1-10010 239) (4)
Fringe Benefits 03-6-08300-1-20000 898 (4)
Treasurer
Salaries 03-6-01213-1-10010 1,491 (5)
FICA - Employer's
Contribution 03-6-01213-1-20010 105 (5)
VSRS - Employer's
Contribution 03-6-01213-1-20020 173 (5)
LI - Employer's
Contribution 03-6-01213-1-20060 15 (5)
Policing and Investigating I
Administration
Salaries 03-6-03102-1-10010 2,858 (6)
FICA - Employer's
Contribution 03-6-03102-1-20010 201 (6)
VSRS - Employer's
Contribution 03-6-03102-1-20020 332 (6)
LI - Employer's
Contribution 03-6-03102-1-20060 29 (6)
Dept. : Unappropriated Balance 03-6-99999-0-99999 31,569)
To appropriate funds for the following:
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Jul 9 1985
(1) Mutual-Aid Contract with the City of Salem Fire De¡;artment.
( 2) street lighting survey previously approved by the Board of Supervisors.
(3) Reclassification of Associate planner position to Planner position.
(4) Adjustment of fringe benefits for VPI Extension Agents that had been
calculated incorrectly in original budget.
(5) Adjustment for employees in the Treasurer's Office whose Canpensation Board
salary is greater than County scale.
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(6) Adjust County supplement of Sheriff's salary.
On motion of Supervisor Burton and the following recorded vote:
AYES: Supervisors Brittle, Burton, and McGraw
NAYS: None
ABSENT: Supervisors Minter and Nickens
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July 9, 1985
RESOLUTION 85-ll5.F AMENDING RESOLUTION
NO. 85-89 ESTABLISHING A CLASSIFICATION
AND PAY PLAN FOR THE 1985-86 FISCAL YEAR
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BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Resolution No. 85-89 be amended as follows:
Grade 19
Code Title
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316 Associate Planner
Grade 23
Code Title
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312 Planner
Dept.
Planning/Zoning
No. Emp.
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Dept.
Planning/Zoning
No. Emp.
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2. That this amendment shall be in full force and
effect from and after its passage.
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On motion of Burton and upon the following recorded vote:
AYES: Supervisors Brittle, Burton and McGraw
NAYS: None
ABSENT: Supervisors Minter and Nickens
Supervisor Burton moved to refer the raffle permit
procedures to the County Attorney and County Administrator to
bring a report back to the Board with a recommendation. The
motion carried by a unanimous voice vote with Supervisors Minter
and Nickens absent.
IN RE:
WORK SESSIONS
1. Oral Report on Financial Implications and Fund
Acquisition for Regional Geographic Information System - Robert
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Stalzer, Director of Planning, reported that he has checked with
IBM and they are willing to fund research dealing with computers
but not application software. He also reported that the
Extension Service may be able to help through student services.
Mr. Stalzer reported that it would cost $55,000.00 for three
years to complete the project. Supervisor Burton asked if the
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July 9, 1985
Board voted to undertake the project, would it be necessary to
i start right away. Mr. Stalzer reported that the personnel could
be ready to begin by October 1 and the sooner it is implemented
the better the County will be.
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Supervisor Burton moved to proceed with the
appropriation of funds to start the project.
Supervisor Nickens requested that Supervisor Burton
amend her motion to include an appropriation of $40,000.00 for
this year and the balance of $15,000.00 for the next fiscal year.
Supervisor Burton agreed to accept this amendment. The
motion carried by the following recorded vote:
AYES: Supervisors Brittle, Minter, Burton, Nickens, and McGraw
NAYS: None
2. Report on Court Service unit Advisory Council/Youth
and Family Services Advisory Board - Mr. Mike Lazzuri was present
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and reported to the Board that the Advisory Council has been very
beneficial to the public. The Council has helped with the
Outdoor Adventure Program and is very interested in helping with
Pathways. He also reported that the committee would like to
remain as a committee. Their last meeting was April, 1984, at
which time they subdivided into two categories. The Board left
the committee as it presently stands.
3. Task Force Study on Imposition of Service Charges -
Tax Exempt Property - Superintendent of Fiscal Management, John
Chambliss, reported to the Board on the feasibility of imposing a
service charge on certain real property located in the County of
Roanoke which has heretofore been declared tax-exempt under
represents a recovery of the cost for police and fire protection
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various sections of the Code of Virginia. This service charge
and trash collection to the extent they are funded by the General
Fund of the County (property taxes). Since trash collection is
provided on a fee basis, the only costs which can be recovered at
this time are for fire and police activities. Section 58.1-3400
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July 9, 1985
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of the Code of Virginia of 1950 as amended also provides that the
service charge for these services cannot exceed 20 percent of the
real estate tax rate. Properties owned by the Federal
government, state government, Roanoke County and its agencies,
institutions of learning not conducted for profit, and churches's
properties used exclusively for religious worship or for the
residence of the minister are exempt from the service charge.
Mr. Chambliss reported that Roanoke County does not currently
apply a service charge to other counties although the State Code
allows this service charge on certain items.
Supervisor Nickens directed John Chambliss to work up
figures on charging other localities and bring these to the Board
at the July 23, 1985, meeting.
IN RE:
REPORTS OF CONSTITUTIONAL OFFICERS
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County Treasurer, Fred Anderson, reported on the
Set-Off Debt Collection. He reported that the report has been
filed with the Department of Taxation. He reported that the
report turned into them requested $250,000.00 and his papers show
that the County will probably receive $43,000.00. The Department
of Taxation has not yet finished all of the returns.
Mr. Anderson also reported on the Sesquicentennial
seals. He presented an example of the seal from Dallas and
suggested that the Board consider putting the seal on their
letterhead.
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IN RE: REPORTS OF OFFICERS, DEPARTMENTS, AND COMMITTEES
1. Department of Fiscal Management - Superintendent of
Fiscal Management, John Chambliss, reported on the business
license tax rates. Mr. Chambliss reported that if the rates are
increased, the County will realize $323,000.00 of new revenue.
Supervisor Minter moved to authorize Mr. Chambliss to proceed
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July 9, 1985
with the public hearing process and to advertise at the state
ceiling rate. The motion carried by a unanimous voice vote.
Mr. Chambliss also reported on insurance proposals for
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the general insurance for the County's administrative structure.
Mr. Chambliss' report is included in the packet of the Deputy
Clerk. Mr. Chambliss, his staff, and the County's insurance
consultant, recommend that the property insurance with $1,000.00
deductible be awarded to the Traveler's Insurance Company to be
administered through Chaney, Thomas, Stephenson & Hill. The
coverage for computers and boiler machinery to be handled as a
renewal through the Home Insurance Company through Chaney,
Thomas, Stephenson & Hill. The General Liability insurance,
automobile fleet insurance, and the workmen's compensation
insurance be placed with Alexander and Alexander, administrators
for the VML plan. It was also recommended that a $25,000.00
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reserve be established to cover the physical damage coverage
under the County's automobile fleet policy to be administered by
the County.
Supervisor Nickens moved to approve the prepared
resolutions.
RESOLUTION 85-116 AUTHORIZING EXECUTION
OF DOCUMENTS TO SECURE INSURANCE SERVICES
WHEREAS, the insurance industry is currently in a state
of turmoil, and several localities and school divisions in the
Commonwealth of Virginia are facing either staggering increases
in annual premiums or the threat of cancellation; and
WHEREAS, an emergency is deemed to exist as a result of
a threatened termination of essential insurance services or a
threefold increase in insurance premiums for fiscal year
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1985-1986; and
WHEREAS, the use of competitive sealed bidding or
competitive negotiation is neither practicable nor advantageous
to the County; however, competitive principles have been utilized
by the County staff, by the County's insurance broker and the
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July 9, 1985
019
County's insurance consultant, since approximately 47 insurance
markets have been contacted for insurance services.
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NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That a waiver from the strict purchasing procedures
of the County is hereby authorized, to secure insurance services
for Roanoke County for fiscal year 1985-1986.
2. That the competitive procedures utilized to secure
price quotes for insurance services are hereby ratified.
3. That the Acting County Administrator is hereby
authorized to execute such documents necessary to acquire
insurance services for Roanoke County for fiscal year 1985-1986
to be effective retroactively to July 1, 1985, as follows:
a. Award to Chaney, Thomas, Stephenson & Hill -
Travelers - Property Insurance - $69,594
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Home - Computer Insurance
2,512
Home - Boiler
5,690
b. Award to Alexander & Alexander of Virginia, Inc.,
Administrators for Virginia Municipal League
Insurance Group -
Fleet Insurance
$ 95,100
General Liability Insurance
77,890
Workers' Compensation
227,814
c. Authorize settlement of any binder costs with the
Home Insurance Co. since 7/1/85.
On motion of Supervisor Nickens and the following recorded vote:
AYES: Supervisors Brittle, Minter, Burton, Nickens, and McGraw
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NAYS: None
Resolution Number 85-117
On rrotion made by Supervisor Nickens, the General Appropriation Resolution
of Roanoke County, Virginia, adopted June 11, 1985 be, and is the same hereby
amended as follows to becaœ effective as of the date of the adoption of this
resolution.
DESCRIPTION
ACCCXJNT NUMBER
I~E
(DEŒFASE)
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July 9, 1985
~nditures
General
Insurance
Property Insurance
M:>tor Vehicle Insurance
03-6-09103-0-53040
03-6-09103-0-53050
03-6-99999-0-99999
$ 69,594
80,600
unappropriated Balance
(150,194)
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appropriate additional lIDney for insurance premiums.
On motion of Supervisor Nickens and the following recorded vote:
AYES: Supervisors Brittle, Minter, Burton, Nickens and McGraw
NAYS: None
2. Department of Public Facilities - John Hubbard,
Superintendent of Public Facilities, reported on the Duiguid's
Lane property. After working with local developers and real
estate experts, Mr. Hubbard and his staff recommended that this
site be used for areas of residential development. The only
industrial use would be heavy industry or distribution. Mr.
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Hubbard and his staff have divided the property into three lots:
Lot 1 - next to Duiguid's lane, approximately 20 acres,
half in flood plain. Lower price housing.
Lot 2 - excellent for large type of subdivision.
Excellent view. Higher priced housing.
Lot 3 - also good for residential and subdivisions.
Lowest price housing
Supervisor McGraw directed staff to proceed with park
development omitting lots 1, 2, and 3.
3. Department of Development - Superintendent of the
Department of Development, Tim Gubala reported on the Air
Pollution Control program. He reported that Salem has responded
that if Roanoke County abolishes its Air pollution Control
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program they will do the same. Monies the County will receive
from a grant will be $31,900.00. The grant application has been
prepared and the County can obtain up to 10 percent additional
funding during the year with justification. Mr. Gubala and the
Air Pollution staff recommended that the Board vote to keep the
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July 9, 1985
Air Pollution Board. Mr. Gubala reported that the County's share
in this program is $37,780.00 and Salem's share is $7,100.00.
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Supervisor Nickens expressed a concern that if the
Department is not continued, the County will have to continue a
burning permit program.
Supervisor Nickens moved that staff not apply for the
air pollution control grant and asked staff to come back to the
Board with a plan for continuing the open fire burning permit
program.
Supervisor Burton reported that she did not feel that
she could vote for the staff not to apply for the grant before
she has more information on costs involved to the County in
administering open burning permits.
Supervisor Nickens withdrew his motion and moved that
the staff apply for the non-competitive grant and that staff
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report back to the Board with a plan for the open burning permit
program in the absence of the Board's acceptance and the possible
acceptance of the grant at a later date and ask for a written
response from the State Air Pollution Control Board. The motion
carried by the following recorded vote:
AYES: Supervisors Brittle, Minter, Burton, Nickens, and McGraw
NAYS: None
RESOLUTION 85-118 AUTHORIZING THE
SUBMISSION OF 1985-1986 GRANT APPLICATION
BY THE ROANOKE COUNTY/SALEM AIR POLLUTION
CONTROL OFFICE
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Roanoke County/Salem Air Pollution Control
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Office be, and hereby is, authorized to submit a 1985-1986 grant
application to the State Air Pollution Control Board for funding
to subsidize program costs for air monitoring, enforcement
activities, and industry inspections; and
2. That the Acting County Administrator is hereby
authorized and directed to execute the necessary documents for
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July 9, 1985
this grant application upon a form approved by the County
Attorney; and
3. That an attested copy of this resolution be
included with the grant application and forwarded to the State
Air Pollution Control Board.
On motion of Supervisor Nickens and the following recorded vote:
AYES: Supervisors Brittle, Minter, Burton, Nickens, and McGraw
NAYS: None
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Mr. Gubala also requested that the Board appoint
Timothy Beard as the temporary Zoning Administrator while Claude
Lee, Zoning Administrator, is in the hospital. Supervisor Burton
moved to approve this appointment. The motion carried by a
unanimous voice vote.
4. Personnel - Kathy Claytor, Department of Personnel,
reported on the proposed Standby Policy. She reported that the
employees on call must keep a beeper or give a telephone number
they can be reached at all times. They are currently paid $56.00
per week. Any employee that is not on call but is called out to
work receives time and a half for the hours over 40 worked.
Supervisor Burton suggested placing employees on call for one or
two nights instead of an entire week. Mr. Hubbard,
Superintendent of Public Facilities, reported that the staff had
been called out five to six times per week every week during the
last year on utility calls alone. He also reported that Roanoke
City and Salem employees receive stand-by pay. Supervisor
Nickens directed staff to study this policy for future
consideration and directed the Department of Personnel to look at
the plans of other localities.
5. County Attorney - Mr. Mahoney, County Attorney,
reported to the Board that the Comprehensive plan has brought to
the attention of the staff several needs of the County. He and
the staff recommend a public improvement bond referendum to pay
for these needs. Staff recommended the following:
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July 9, 1985
1. That the Board of Supervisors consider and
authorize the adoption of a resolution requesting the court to
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place upon the November 5, 1985, ballot a bond referendum.
2. That the following items be considered for
inclusion in a Public Improvements General Obligation Bond Issue:
Water
Schools
E9ll
Fire safety (equipment,
hydrants, new buildings)
Parks and recreation
Subdivision streets
Public buildings (libraries,
administration, health and
welfare)
$50,000,000
5,000,000
3,000,000
2,000,000
2,000,000
2,000,000
6,000,000
Total
$70,000,000
3. That the following timetable and procedure be
followed:
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- that bond counsel could advise the Board as to the
detailed legal procedures to be followed, and expert financial
consultants could advise as to bond markets, costs, funding
sources for repayment, etc. at the Board's July 23, 1985,
meeting;
- That the Board direct staff to proceed with
preparations for a bond issue, the direction to occur on July 23,
1985;
- that the Board of Supervisors adopt the formal bond
resolution at its August 27, 1985, meeting;
- That the general obligation bond issue referendum be
held on November 5, 1985.
Mr. Mahoney requested that the Board consider at this
meeting if they wish to go forward, which items they would like
to include, and the timetable for decisions to be made. He also
stressed to the Board that they should place the bond before the
public this fall because of the water supply issue and that the
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interest rates for bonds are very favorable at this time.
Supervisor Minter asked for a more detailed list of
items to be included and also suggested that tax revenues be
included.
Supervisor Burton reported that she would not be
comfortable making a decision on the bond issue before
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July 9, 1985
information is received from outside companies that will
participate in the study.
Supervisor Nickens requested project costs on the bond
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issue and requested that the County retain outside professional
assistance to help develop an educational plan for public
presentation.
It was also reported that a telephone tax would be
proposed to pay for the operating costs of the E9ll System and
that the Bond would cover E9ll equipment.
Mr. Mahoney also reported that he had spoken with Mr.
Ninninger, Building Inspector, on the status of the Courthouse.
He reported that the County staff is currently working on the
problems but that there is no critical problem with the structure
of the building to prevent occupation.
Mr. Mahoney also presented a "Priority List" to the
Board for their consideration concerning County priorities.
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Chairman McGraw directed Mr. Mahoney to place the Government
Structure item to number 3 under the "Immediate" list.
Mr. Mahoney presented a resolution to settle the
Deyerle claim. Supervisor Nickens moved to approve the prepared
resolution.
RESOLUTION 85-119 AUTHORIZING SETTLEMENT
OF A CLAIM, DEYERLE ASSOCIATES, INC.
BE IT RESOLVED by the Board of Supervisors of Roanoke
I County, Virginia, as follows:
1. That the expenditure of $2,400.00 is hereby
authorized to settle any and all claims or demands arising out of
a real estate transaction involving Deyerle Associates, Inc., and
1.2 acres of real estate on Roanoke Street in the City of Salem;
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and
2. That the Acting County Administrator is authorized
to expend said funds upon the execution of appropriate releases
from any and all parties making said claims or demands.
On motion of Supervisor Nickens and the following recorded vote:
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July 9, 1985
AYES: Supervisors Brittle, Minter, Burton, Nickens, and McGraw
NAYS: None
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IN RE:
EXECUTIVE SESSION
Supervisor Nickens moved to go into Executive Session
pursuant to the Code of Virginia of 1950 as amended Section
2.1-334 (a) (1), (2), (4), and (6). The motion carried by a
unanimous voice vote.
IN RE:
OPEN SESSION
Supervisor Nickens moved to return to Open Session at
5:35 p.m. The motion carried by a unanimous voice vote.
IN RE: RECESS
Chairman McGraw called for a dinner recess at 5:35 p.m.
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IN RE:
CALL TO ORDER
Chairman McGraw called the meeting to order at 7:10 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman, Steven A. McGraw; Vice-Chairman,
Athena E. Burton; Supervisors Alan H. Brittle,
Gary J. Minter, and Harry C. Nickens.
MEMBERS ABSENT:
None
IN RE:
OPENING CEREMONIES
Rev. Margaret Tyree, Assistant Minister of Education,
Grandin Court Baptist Church. The Pledge of Allegiance was
recited by all present.
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IN RE:
PROCLAMATIONS, RESOLUTIONS AND AWARDS
Chairman McGraw presented a proclamation recognizing
Social Security Week in Roanoke County.
PROCLAMATION
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July 9, 1985
WHEREAS, more than 22 million retired workers are
receiving monthly retirement benefits today as a result of the
Social Security Act of 1935; and
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WHEREAS, more than 10.7 million dependents of retired
or deceased workers are receiving monthly benefits as a result of
the Social Security Act of 1939; and
WHEREAS, another 3.8 million disabled workers and their
families are receiving checks each month as a result of
amendments in 1956 and 1958 to the Social Security Act; and
WHEREAS, the Social Security Act created the nation's
Unemployment Insurance System which protects against income loss
for some 87 million employers.
NOW, THEREFORE, I, Steven A. McGraw, Chairman of the
Roanoke County Board of Supervisors,announce and proclaim to all
citizens and set seal hereto that August 11-17 is
SOCIAL SECURITY WEEK IN ROANOKE COUNTY
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and encourage all citizens to recognize the accomplishments of
the last 50 years and the continuing value of the social security
program to this country.
IN RE:
CITIZENS COMMENTS AND COMMUNICATIONS
Mr. Wellford S. Estes encouraged the Board to move
toward consolidation and to stop duplicating public facilities.
(Three courthouses, water facilities, etc.) Mr. Estes felt that
the duplication of services creates a look and feeling of
disunity.
IN RE:
PUBLIC HEARINGS
petition of John E. Lancaster for
a Special Exception Permit to place a
mobile home on a 24.0 acre tract, to
be occupied by Jeff and Linda
Lancaster, son and daughter-in-law,
with an existing dwelling, located on
the south side of State Route 612
approximately 1.0 miles from U. S.
221 in the Hollins Magisterial
District.
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July 9, 1985
APPROVED
Mr. John Lancaster was present to answer any questions
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the Board might have. Supervisor Burton requested that the
magisterial district be changed to Windsor Hills. There was no
one present in opposition. Supervisor Burton moved to approve
the Special Exception request. The motion carried by the
following recorded vote:
AYES: Supervisors Brittle, Minter, Burton, Nickens, and McGraw
NAYS: None
Petition of Region Properties,
Inc. for a "Special Use Permit" to
operate a landfill on an
approximately 9,000 square foot tract
located west of a new 20 foot
easement, to well lot, on Kenwick
Trail in the Cave Spring
Magisterial District.
APPROVED
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Mr. Larry Rogers, General Manager of Region Properties,
was present to answer any questions the Board might have. He
reported that Region Properties wants to use this land for a
landfill for one year, which will be a continuation from last
year. Supervisor Brittle moved to approve the "Special Use
Permit" with the condition that no metal items be placed in the
landfill. Supervisor Nickens called for questions on the motion.
The motion carried by the following roll call vote:
AYES:
Supervisors Brittle, Minter, Burton, Nickens, and McGraw
NAYS:
None
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Petition of The Bank of Virginia
requesting rezoning to amend
conditions to permit an entrance for
a service road allowing ingress and
egress to Virginia Route 419 and a
sign not more than 75 square feet to
be erected along Route 419 of a tract
containing 1.4+ acres and located on
the north side-of Virginia Route 419
approximately 350 feet + west of its
intersection with Postal Drive in the
Cave Spring Magisterial District.
The Planning Commission recommends
approval.
HELD OVER TO July 23, 1985
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July 9, 1985
Mr. Jim Douthat, representing The Bank of Virginia, was
present to answer any questions the Board might have. Supervisor
Burton requested that the magisterial district be changed to
windsor Hills. Mr. Douthat reported that the purpose of this
hearing is to request certain amendments placed on the land in
1981 be changed. The Post Office has purchased land adjacent to
this parcel and The Bank of Virginia has not been able to obtain
access either directly across the Post Office property or past
the Post Office property.
Supervisor Burton reported that she would prefer not to
have another entrance at this location but in view of the
circumstances she felt that the preservation of the service road
is necessary.
Mr. Roger Lorden, 4390 Sheldon Drive, Roanoke,
Virginia, was present representing the Cresthill Civic League.
The League opposes the rezoning because the safety of the
residents in that area is in danger and the traffic jam situation.
He reported that at the rezoning in 1981, the Board approved
certain proffers: 1). That there would be only one street or
entrance from the Virginia Route 419. which entrance shall be
two lanes. 2). That there will be no more than one sign along
Route 419, said sign to be limited to 75 square feet. The Civic
League would like to propose an access road to allow traffic to
come off Postal Road onto Bank of Virginia property or extend the
requested service road.
Supervisor Burton responded to Mr. Lorden that the Post
Office had already denied using the two suggestions made by him.
Supervisor Minter moved to hold this matter over to
July 23, 1985, to allow the Board time to contact Senators Warner
and Trible and Congressman Olin to request a different access.
The motion carried by the following recorded vote:
AYES: Supervisors Brittle, Minter, Burton, Nickens, and McGraw
NAYS: None
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July 9, 1985
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Petition of Double H Development
Company to rezone a parcel of land
containing 1.24 acres, more or less,
from Office and Resident District B-1
and Residential District R-l to
Residential District R-5, located
north of the intersection of McVitty
Road and Old Cave Spring Road in the
Windsor Hills Magisterial
District. The Planning Commission
recommends denial.
DELAYED
Edward A. Natt, representing Double H. Development
Company, requested that this public hearing be delayed to allow
the petitioner an opportunity to speak with the residents of that
area.
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Petition of the Superintendent of
the Department of Development of
Roanoke County to amend Chapter 17,
Subdivisions, Section 17-3 (a) (21)
of the Roanoke County Code, to permit
the single division of a lot or
parcel for the purpose of sale, or
gift, to a member of the immediate
family. (Continued to August 27,
1985).
CONTINUED to August 27, 1985
Public Hearing on ordinance imposing
a transient occupancy tax pursuant to
Section 58.1-3819 of the 1950 Code of
Virginia, as amended.
APPROVED
Paul Mahoney, County Attorney and Acting County
Administrator, reported to the Board that they were given the
authority to impose a transient occupancy tax by the 1985 General
Assembly session. He also recommended that the effective dated
be changed to August 1, 1985.
Supervisor Nickens moved to approve the prepared
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ordinance.
RESOLUTION 85-120 IMPOSING A TRANSIENT
OCCUPANCY TAX PURSUANT TO SECTION
58.1-3819 OF THE CODE OF VIRGINIA, AS
AMENDED
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
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July 9, 1985
1. That a new section, Article IV, Section 21-70,
Transient occupancy tax, be adopted pursuant to Section 58.1-3819
of the 1950 Code of Virginia, as amended. The intended purpose
is to impose a tax upon transient occupancy in any hotel or
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travel campground within the County and to provide a means for
the collection thereof.
2. That the new section 21-70, Transient occupancy tax
shall be adopted to read and provide as follows:
Definitions
As used in this chapter, unless the context clearly
indicates otherwise:
a) Transient. "Transient" means any person who exercises
occupancy or is entitled to occupancy by reason of concession,
permit, right of access, license or other agreement, either at
his own expense or at the expense of another, for a period of
thirty (30) consecutive calendar days or less, counting portions
of calendar days as full days. Any such person so occupying
space in a hotel or travel campground for which charge is made
shall be deemed to be a transien·t until the period of thirty (30)
days has expired unless there is an agreement in writing between
the operator and the occupant providing for a longer period of
occupancy, or the occupant has paid in advance for over thirty
(30) days occupancy. In determining whether a person is a
transient, uninterrupted periods of time extending both prior and
subsequent to the effective date of this article may be
considered.
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b). Occupancy. "Occupancy" means the use or possession or the
right to the use or possession of any room or rooms or portion
thereof, in an hotel for dwelling, lodging or sleeping purposes.
c). Hotel. "Hotel" includes, but is not limited to, any
structure, or any portion of any structure, which is occupied or
intended or designed for occupancy by transients for dwelling,
lodging or sleeping purposes, and includes any public or private
hotel, inn, tourist home or house, motel, house, boarding house,
dormitory, public or private club, apartment hotel, hostelry,
mobile house or house trailer at a fixed location, or other
similar structure or portion thereof within the County which
offers lodging for five (5) or more persons at anyone time and
the owner and operator thereof offers lodging to any transient
for compensation.
d). Travel campground means any area, site, lot, field, or tract
of land offering spaces for recreational vehicles or campsites
for transient dwelling purposes, or temporary dwelling during
travel, or recreational or vacation uses.
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e). Operator. "Operator" means the person who is proprietor of
the hotel or travel campground, whether in the capacity of owner,
lessee, sublessee,mortgagee in possession, licensee, or any other
capacity. Where the operator performs his functions through a
managing agent of any type or character other than an employee,
the managing agent shall also be deemed an operator for the
purposes of this section and shall have the same duties and
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July 9, 1985
liabilities as his principal. Compliance with the provisions of
this section by either the principal or the managing agent shall,
however, be considered to be compliance by both.
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f. Rent. "Rent" means the consideration charged, whether or not
received, for the occupancy of space in a hotel or travel
campground valued in money, whether to be received in money,
goods, labor or otherwise, including all receipts, cash, credits
and property and service of any kind or nature, without any
deduction therefrom whatsoever.
g). Room rental. "Room rental" means the total charge made by
any hotel or travel campground for lodging or space furnished to
any transient. If the charge made by any hotel or travel
campground to a transient includes any charge for services or
accomodations in addition to that of lodging and/or use of space,
then such portion of thew total charge representing only lodging
and/or space rental shall be distinctly set out and billed to
such transient by such hotel or travel campground as a separate
item.
h). Person. "Person" means any individual, firm, partnership,
joint venture, association, social club, fraternal organization,
joint stock company, corporation, estate, trust, business trust,
receiver, trustee, syndicate, person acting in a representative
capacity, or any other group or combination acting as a unit.
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i) Commissioner of the Revenue means the Commissioner of the
Revenue of Roanoke County, Virginia.
j) Treasurer means the Treasurer of Roanoke County, Virginia.
k) License inspector means a license inspector in the office of
the Commissioner of the Revenue of Roanoke County, Virginia.
Levied Rate
There is hereby imposed a transient occupancy tax on
hotels and travel campgrounds on each and every transient,
equivalent to two percent of the total amount of charge for the
occupancy of any room or space provided. Said tax constitutes a
debt owed by the transient to the county which is extinguished
only by payment to the operator or to the County. The transient
shall pay the tax to the operator of the hotel or travel
campground at the time the rent is paid. If the rent is paid in
installments, a proportionate share of the tax shall be paid with
each installment. The unpaid tax shall be due upon the
transient's ceasing to occupy space in the hotel or travel
campground.
Exemptions
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No tax shall be payable under this article in any of
the following instances:
a) rooms or spaces rented for continuous occupancy by the same
individual or group for thirty or more days in hotels and
travel campgrounds;
b} on room rental paid by any federal, State of Virginia or
County of Roanoke official or employee when on official
business;
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July 9, 1985
c) on room rental paid to any hospital, medical clinic, nursing
home, convalescent home or home for aged people;
d) any officer or employee of a foreign government who is exempt
by reason of express provision of federal law or
international treaty.
No exemption shall be granted except upon a claim
therefore made at the time rent is collected and under penalty of
perjury.
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Collection
Each operator receiving any payment for room rental
with respect to which a tax is levied under this article shall
collect the amount of tax hereby imposed from the transient on
whom the same is levied, or from the person paying for such room
rental, at the time paYment for such room rental is made. The
taxes required to be collected hereunder shall be deemed to be
held in trust by the operator required to collect the same until
remitted as required by this article. The amount of tax shall be
separately stated from the amount of the rent charged, and each
transient shall receive a receipt for payment from the operator.
No operator of a hotel or travel campground shall advertise or
state in any manner, whether directly or indirectly, that the tax
or any part thereof will be assumed or absorbed by the operator,
or that it will not be added to the rent, or that, if added, any
part will be refunded except in the manner hereinafter provided.
Reports and remittance of tax
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Each operator collecting the tax levied under this
article shall make a report, upon such forms and setting forth
such information as the Commissioner of the Revenue may prescribe
and require. Such report shall show the amount of room rental
charges collected and the tax required to be collected and shall
sign and deliver the same to the Commissioner, with a remittance
of such tax. Such reports and remittances shall be made
quarterly on or before the last day of October, January, April,
and July in each year, and shall cover the amount of tax
collected during the three months immediately preceding the
months in which such reports and remittances are required. If
the remittance is by check or money order, the same shall be
payable to the County.
Failure to collect, report or remit
If any operator shall fail or refuse to collect the tax
levied by this article and to make, within the time provided in
this article, any report and remittance required by this article,
the Commissioner shall proceed in such manner as he may deem be
to obtain facts and information on which to base his estimate of
the tax due. As soon as the Commissioner shall procure such
facts and information as he is able to obtain upon which to base
the assessment of any tax payable by any operator who has failed
or refused to collect the same and to make such report or
remittance, he shall proceed to determine and assess against such
operator the tax, interest, and penalties provided for by this
article and shall notify such operator by registered mail sent to
his last known place of address of the total amount of such tax,
interest, and penalties, and the total amount thereof shall be
payable within ten (10) days from the date of such notice.
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July 9, 1985
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Penalties and Interest
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If any operator fails or refuses to remit to the
Commissioner of the Revenue the tax required to be collected and
paid under this article within the time and amount specified in
this article, a penalty of ten (10) percent of the amount of the
tax, in addition to the amount of the tax, shall be imposed by
the Treasurer of the County. Further, if the tax remains
delinquent and unpaid for a period of one month from the date
same is due and payable, a second delinquency penalty of ten (10)
percent of the amount of the tax in addition to the amount of the
tax and the initial ten (10) percent penalty, shall be imposed.
In addition to the penalties imposed, any operator who
fails to remit any tax imposed by this article shall pay interest
at the rate of one-half (1/2) of one (1) percent per month on the
amount of the tax exclusive of penalties, from the date on which
the remittance first became delinquent until paid. Every penalty
imposed and such interest as accrues under the provisions of this
section shall become a part of the tax herein required to be
paid.
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Records to be kept
It shall be the duty of every operator liable for the
collection and payment to the County of any tax imposed by this
section to keep and preserve, for a period of two (2) years, such
suitable records as may be necessary to determine the amount of
such tax, which records the commissioner shall have the right to
inspect at all reasonable times.
Cessation of business
Whenever any operator required to collect and pay to
the County a tax under this article shall cease to operator or
otherwise dispose of his business, any tax payable hereunder to
the County shall become immediately due and payable and such
person shall immediately make a report and pay the tax due.
Violation of article
Whoever violates or fails to comply with any of the
provisions of this article, or any regulation promulgated
pursuant thereto, shall be fined not more than one thousand
dollars ($1,000) or imprisoned not more than thirty (30) days, or
both, for each offense. A separate offense shall be deemed
committed each day during or on which a violation or
noncompliance occurs or continues. The punishment provided for
in this section shall be in addition to any other remedy for the
collection of taxes provided for by law.
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Powers and duties of license inspector under article
It shall be the duty of the license inspector to
ascertain the name of every person operating a hotel or travel
campground in the County liable for the collection of the tax
levied by this article, who fails, refuses or neglects to collect
the tax or to make, within the time provided by this article, the
reports or remittances required herein. The license inspector
and his duly authorized deputies may have a summons issued for
such person, and may serve a copy of such summons upon such
person in the manner provided by law and shall make one return of
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July 9, 1985
the original to the General District Court of the County.
powers are hereby conferred upon the license inspector and
duly authorized deputies while engaged in performing their
as such under the provisions of this section.
Police
his
duties
Refunds
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A. Whenever the amount of any tax, interest or penalty has been
overpaid or paid more than once or has been erroneously or
illegally collected or received by the County under this article,
it may be refunded as provided in sub-paragraphs B. and C. of
this Section, provided a claim in writing therefore, stating
under penalty of perjury the specific grounds upon which the
claim is founded, is filed with the Commissioner of the Revenue
within three years of the date of payment. The claim shall be on
forms furnished by the Commissioner of the Revenue.
B. An operator may claim refund or take as credit against taxes
collected and remitted the amount over-paid, paid more than once
or erroneously or illegally collected or received when it is
established in a manner prescribed by the Commissioner of the
Revenue that the person from whom the tax has been collected was
not a transient; provided, however, that neither a refund nor a
credit shall be allowed unless the amount of the tax so collected
has either been refunded to the transient or credited to rent
subsequently payable by the transient to the operator.
C. A transient may obtain a refund of taxes over-paid or paid
more than once or erroneously or illegally collected or received
by the County by filing a claim in the manner provided in
sub-paragraph A. of this section, but only when the tax was paid
by the transient directly to the Commissioner, or when the
transient having paid the tax to the operator, establishes to the
satisfaction of the Commissioner that the transient has been
unable to obtain a refund from the operator who collected the
tax.
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D. No refund shall be paid under the provisions of this section
unless the claimant establishes his right by written records
showing entitlement thereto.
Actions to collect
Any tax required to be paid by any transient under the
provision of this article shall be deemed a debt owed by the
transient to the County. Any such tax collected by an operator
which has not been paid to the County shall be deemed a debt owed
by the operator to the County. Any person owing money to the
County under the provisions of this article shall be liable in
action brought in the name of the County for the recovery of such
amount.
3. That this ordinance shall be in full force and
effect from and after August 1, 1985.
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On motion of Supervisor Nickens and the following recorded vote:
AYES: Supervisors Brittle, Minter, Burton, Nickens, and McGraw
NAYS: None
Public Hearing on sale or disposition of
surplus County real estate pursuant to
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July 9, 1985
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Section 15.1-262 of the 1950 Code of
Virginia, as amended.
APPROVED
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Mr. Wayland Winstead, Vice President of the Catawba
Little League and Glenvar Youth Boosters was present opposing the
sale of the Womack properties until better facilities are
provided to the Catawba District.
Supervisor Brittle moved to approve the prepared
resolutions.
Supervisor Nickens offered a substitute motion to
postpone action until it can be determined what the legal ad
called for and to be sure this property was listed in the legal
ad. The motion failed by the following recorded vote:
AYES: Supervisors Minter and McGraw
NAYS: Supervisors Brittle, Burton, and Nickens
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Supervisor Brittle called for questions on his motion
to approve the prepared resolutions.
RESOLUTION 85-12l ACCEPTING AN OFFER FOR
AND AUTHORIZING THE SALE OF SURPLUS REAL
ESTATE, .299 ACRE PORTION OF THE "WOMACK"
PROPERTY
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 15.1-262
of the Code of Virginia, 1950, as amended, a public hearing was
held on this date concerning the sale and disposition of a .299
acre parcel of surplus real estate, a portion of the Womack
Property, located in the County of Roanoke, Tax Map No.
37.05-1-3; and
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2. That offers having been received at said public
hearing for said property, the offer of J. Ray Dotson in the
amount of $1,350.00 is hereby accepted and all other offers are
rejected; and
3. That the County Administrator is authorized to
execute such documents and take such actions on behalf of Roanoke
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July 9, 1985
County as are necessary to accomplish the conveyance of said
property, all of which shall be upon form approved by the County
Attorney.
On motion of Supervisor Brittle and the following recorded vote:
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AYES: Supervisors Brittle, Minter, and Burton
NAYS: Supervisors Nickens and McGraw
RESOLUTION 85-122 ACCEPTING AN OFFER FOR
AND AUTHORIZING THE SALE OF SURPLUS REAL
ESTATE, 0.321 ACRE FORTION.OF THE
"WOMACK" PROPERTY
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 15.1-262
of the Code of Virginia, 1950, as amended, a public hearing was
held on this date concerning the sale and disposition of a 0.321
acre parcel of surplus real estate, a portion of the Womack
Property, located in the County of Roanoke, Tax Map No.
37.05-1-3; and
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2. That offers having been received at said public
hearing for said property, the offer of Edward W. Stritesky and
Dolores Jean Stritesky in the amount of $1,400.00 is hereby
accepted and all other offers are rejected; and
3. That the County Administrator is authorized to
execute such documents and take such actions on behalf of Roanokß
County as are necessary to accomplish the conveyance of said
property, all of which shall be upon form approved by the County
Attorney.
On motion of Supervisor Brittle and the following recorded vote:
AYES: Supervisors Brittle, Minter, and Burton
NAYS: Supervisors Nickens and McGraw
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IN RE:
APPOINTMENTS
Supervisor Brittle moved to appoint Todd Turner to the
Court Service Advisory Council/Youth and Family Services Advisor¡
Board and Jackie Ward as the legal representative of the
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July 9, 1985
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Transportation and Safety Commission.
unanimous voice vote.
The motion carried by a
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IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Supervisor Brittle - Directed staff to pursue
obtaining one library card for all three localities and report
back to the Board in 90 days. He also requested responses from
the Roanoke County Library Board, Roanoke County Library
Director, and other localities.
2. Supervisor Minter - No report.
3. Supervisor Burton - Directed staff to bring back
the ordinance concerning Fowl and directed Paul Mahoney to
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advertise for a public hearing. She also reported that the Fiftþ
Planning District Commission Storm Water Management Committee haß
prepared a report which deals with a method of eliminating costs
The method included in the report was unacceptable to the County
She conveyed this to the Committee and the Committee has
determined it necessary to perform a study on different areas
with this problem. Supervisor Minter moved that the County
participate in this study. The motion carried by a unanimous
voice vote.
4. Supervisor Nickens - Requested an Executive
Session.
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5. Supervisor McGraw - Thanked Jim Harvey for
continuing discussions on the Mutual Aid agreement. He also
directed staff to complete negotiations for the fire agreement
with the City of Salem. Supervisor McGraw directed staff to
initiate a meeting with the all four localities regarding animal
control.
IN RE:
EXECUTIVE SESSION
Supervisor Nickens moved to go into Executive Session
pursuant to the Code of Virginia of 1950 as amended Section
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July 9, 1985
2.1-334 (a) (1), (2), (4), and (6). The motion carried by a
unanimous voice vote.
IN RE:
OPEN SESSION
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Supervisor Minter moved to return to Open Session at
11:00 p.m. The motion carried by a unanimous voice vote.
IN RE: ADJOURNMENT
Supervisor Minter moved to adjourn at 11:01 p.m. The
motion carried by a unanimous voice vote.
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Chairman
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