Loading...
4/24/1984 - Regular ~ 4-24-84 ~~2 J Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S. w. Roanoke, VA 24015 I April 24, 1984 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, Roanoke, Virginia, this being the fourth Tuesday and the second regular meeting of the month of April, 1984. IN RE: CALL TO ORDER Chairman Nickens called the meeting to order at 3:02 p.m. The roll call was taken: MEMBERS PRESENT: Chairman Harry C. Nickens; Vice Chairman Athena E. Burton; Supervisors Alan H. Brittle; Steven A. McGraw, Gary J. Minter I MEMBERS ABSENT: None IN RE: WORK SESSIONS Funding Priorities - Secondary Roads, Six-Year Plan Superintendent of the Department of Public Facilities, John Hubbard, explained that there were no changes in the present plan established in October, 1983, for secondary highway construction. The Board felt it was not necessary to make any changes to the priority list and authorized the staff to proceed with advertising for a May 22, 1984, public hearing. Mr. Fred Altizer, of the Virginia Department of Highways and Transportation, was present and will check on the installation I of traffic signals at the intersection of Routes 311 and 419 and at the intersection of North Lakes Drive and Peters Creek Road. 1984-1985 Federal Revenue Sharing Funds for Highway Construction - Mr. Hubbard requested the Board provide direction for the staff to establish guidelines for the allocation of the 1984-1985 federal revenue sharing funds to be ------ L ~ r- I 523 4-24-84 used for highway construction. Supervisor Burton recommended ! that the priorities be set by District taking into consideration the roads that will have sewer and water lines replaced. Staff public hearing. I was directed to proceed with advertising for a May 22, 1984, Weed and Trash Abatement Program - Director of Planning, Rob Stalzer, asked for the Board's approval to amend the County Code to provide action and establish financial responsibility for abatement procedures. The staff was directed to proceed with the ordinance prior to the growing season and to advertise for a May 22, 1984, public hearing. IN RE: EXECUTIVE SESSION Supervisor McGraw moved to go into Executive Session at 4:15 p.m. pursuant to the Code of Virginia, Section 2.1-344(a) (1), (2), (4), and (6) to discuss personnel, real estate, I location of a prospective business or industry, and legal matters. The motion carried by a unanimous voice vote. IN RE: OPEN SESSION Supervisor Minter moved to go into Open Session at 5:35 p.m., and the motion carried by a unanimous voice vote. Supervisor McGraw moved to recess until 7:00 p.m., and the motion carried by a unanimous voice vote. IN RE: CALL TO ORDER Chairman Nickens called the regular meeting to order at 7:10 p.m. The roll call was taken: MEMBERS PRESENT: Chairman, Harry C. Nickens; Vice Chairman, I Athena E. Burton; Supervisors Alan H. Brittle, Steven A. McGraw, Gary J. Minter MEMBERS ABSENT: None ~ 1 4-24-84 524 IN RE: OPENING CEREMONIES The invocation was offered by the Reverend Roger Klutzz, St. John's Lutheran Church. The Pledge of Allegiance was I recited by all present. IN RE: CONSENT AGENDA Supervisor Minter requested that Item #2 be deleted for discussion and moved that the legislators be requested to persuade the Corps of Engineers to redirect the $27,000,000 toward the regional water supply. The motion carried by a unanimous voice vote. Supervisor Burton requested clarification on Item #14 asking that the Board's approval be given using Issue #1 of the packet report which indicates Section 21-6 of the Zoning Ordinance states that "the location of . . . borrow pits shall I require a conditional use permit. These permits shall be subject to such conditions as the governing body deems necessary to carry out the intent of this chapter." Supervisor Burton moved the prepared resolution: RESOLUTION NO. 84-74 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM B - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain section of the agenda of the Board of Supervisors for April 24, 1984, designated as Item B - Consent Agenda be, and hereby is, approved and concurred in as to I each item separately set forth in said section designated Items 1 through 14, inclusive, as follows: 1. Letter from H. Benson Dendy, III, dated April 2, 1984, and letter dated April 4, 1984, from Richard G. Brydges, expressing thanks for Resolution No. 84-66 requesting more equitable funding for primary construction projects in Roanoke County. 2. March 30, 1984 - Notice of Issuance of interim fea- sibility report and environmental impact statement ------ ~ ~ 525 4-24-84 on flood damage reduction, headwaters area of the Roanoke River Upper Basin. 3. Letter dated March 28, 1984, from H. B. Ewert, City Manager, City of Roanoke, with reference to increas- ing the quantity of bulk surplus water to be pur- chased by the County from the City. I 4. Letter dated March 31, 1984, from the Department of Conservation and Economic Development pertaining to regulations and an application for State Litter Control Grants. 5. Letter dated April 6, 1984, from Warren E. Trent, City of Roanoke, thanking Roanoke County for their assistance during the "Chemical Clean-Up" Project. 6. Minutes of Meeting of the Regional Partnership of Roanoke Valley, Inc. held March 27, 1984. 7. Report on purchase of equipment for the jail - Appropriation Resolution. 8. Financial statement for the period ending February 29, 1984. 9. Report on Starkey Well No.3 water line. 10. Report to award contract for video production ser- vices to be used by the County of Roanoke. Letters from Appalachian Power Company and NW Railroad per- taining to development of annual report and econo- mic development package for Roanoke County. I 11. Letter dated April 11, 1984, from Mary F. Parker, City Clerk, transmitting Roanoke City Resolution No. 26952 regarding the lighting at Hidden Valley Intermediate School. 12. Letter dated April 9, 1984, from Harold W. Billings of the Roanoke Office of the Department of Rehabilitative Services relative to providing technical assistance in overcoming structural and program barriers for the handicapped. 13. Approval of VHDA financing for Bent Creek Apartments, Phase II in the Hollins Magisterial District - Resolution. 14. Report on Borrow pit Operations. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said Adopted by the following roll call vote: II items the separate vote tabulation for any such item pursuant to this resolution. AYES: Supervisors Burton, McGraw, Minter, Brittle, Nickens NAYS: None ~ ~ 4-24-84 526 RESOLUTION NO. 84-74.a On motion made by Supervisor Burton, the General Appropriation Resolution of Roanoke County, Virginia, adopted I June 14, 1983 be, and is the same hereby amended as follows to become effective April 24, 1984: INCREASE DESCRIPTION ACCOUNT NUMBER (DECREASE) Class: Fund: Object: Revenues General state Share - Housing State Prisoners 03-5-24040-60000 $ 1,179 Class: Fund: Dept.: Expenses General Confinement/Care of Prisoners 03-67-03301-70100 1,179 To appropriate money for water mixing valve ($775), executive high back chair ($236), and fiberglass bucket seats ($168). Adopted by the following roll call vote: I AYES: Supervisors Burton, McGraw, Minter, Brittle, Nickens NAYS: None RESOLUTION NO. 84-74.b ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE FOR CONSTRUCTION AND INSTALLATION OF WATER LINES FROM STARKEY WELL #3 TO TIE IN WITH EXISTING WATER MAINS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain bid of Aaron J. Conner, Inc. in the amount of $12,457.05 for construction and installation of water lines from Starkey Well #3 to tie in with existing mains, upon all and singular the terms and conditions of the invitation to bid, the specifications of the County of Roanoke, the bidder's proposals, and the provisions of this resolution, be, and same I hereby is, ACCEPTED; and 2. That the County Administrator is hereby authorized and directed to execute the necessary documents on behalf of Roanoke County, all to be upon form approved by the County Attorney; and ~ ~ ,....- 527 4-24-84 3. That all other bids for this construction are hereby rejected and the Clerk is directed to so notify such bidders and express the County's appreciation for the submission Adopted by the following roll call vote: I of their bids. AYES: Supervisors Burton, McGraw, Minter, Brittle, Nickens NAYS: None RESOLUTION NO. 84-74.c ACCEPTING A CERTAIN BID MADE TO ROANOKE COUNTY FOR VIDEO PRODUCTION SERVICES BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain bid of Media Works in the amount of $6,000 for Video production Services, upon all and singular the terms and conditions of the invitation to bid, the specifications of the County of Roanoke, the bidder's proposals, and the provisions of this resolution, be, and same hereby is, I ACCEPTED: and 2. That the County Administrator is hereby authorized and directed to execute the necessary documents on behalf of Roanoke County, all to be upon form approved by the County Attorney; and 3. That all other bids for this service are hereby rejected and the Clerk is directed to so notify such bidders and express the County's appreciation for the submission of their bids. Adopted by the following roll call vote: AYES: Supervisors Burton, McGraw, Minter, Brittle, Nickens NAYS: None RESOLUTION NO. 84-74.d APPROVING A CERTAIN VIRGINIA HOUSING DEVELOPMENT AUTHORITY PROJECT IN ROANOKE COUNTY I BE IT RESOLVED by the Board of Supervisors of Roanoke County, virginia, as follows: 1. That that certain project known as Bent Creek - Apartments, Phase II, VHDA Development No. 84-0027-C proposed to ~ ~ 4-24-84 528 I be located in Roanoke County, Virginia, having been reported to the Board of Supervisors of Roanoke County as a necessary and expediate rental project for Roanoke County, and the Board of Supervisors being of the opinion that same is a necessary project for development in Roanoke County, does expressly approve said project; and 2. That attested copies of this resolution be forthwith fowarded to Fralin and Waldron Inc. for transmission and submission to the Virginia Housing Development Authority for project approval. Adopted by the following roll call vote: AYES: NAYS: Supervisors Burton, McGraw, Minter, Brittle, Nickens None IN RE: PROCLAMATIONS AND RESOLUTIONS I Chairman Nickens read the following proclamation which was accepted by Mrs. Johnnie Hunter, President, Roanoke valley Extension Homemakers: PRO C LAM A T ION WHEREAS, the National Extension Homemakers Council of America has, in cooperation with the Roanoke Valley Extension Homemakers, provided for a number of years in the Roanoke Valley homemaker extension programs and services to many citizens of both Roanoke County and the entire Roanoke Valley; and WHEREAS, throughout the United States of America local extension homemakers councils, in conjunction with the National Extension Homemakers Council, annually celebrate National Extension Homemakers Council Week; and WHEREAS, the week of May 6 - 12, 1984, has been designated as National Extension Homemakers Council Week during which week the Roanoke Valley Extension Homemakers Council plan to conduct a cultural and creative arts exhibit at the Arts Council Gallery, Center in the Square in Roanoke, Virginia. I ~ ~ ~ 52~ 4-24-84 NOW, THEREFORE, I, Harry C. Nickens, Chairman of the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim the week of May 6 - 12, 1984, as NATIONAL EXTENSION HOMEMAKERS COUNCIL WEEK in Roanoke County, Virginia, and to express the appreciation of the citizens and the Board of Supervisors of Roanoke County to the Roanoke Valley Extension Homemakers Council for the many services provided to both Roanoke County and the entire Roanoke Valley through the years. Mary B. Loritsch, President of The Virginia Society of The Virginia Radiologic Technologists, accepted the following proclamation: I PRO C LAM A T ION WHEREAS, the allied health profession of Radiologic Technology is a vital aspect of modern health care; and WHEREAS, Radiographers, Radiation Therapy Technologists, Nuclear Medicine Technologists, Diagnostic Medial Sonographers, and Vascular Imaging Technologists are educated, credentialed and professionally committed to deliver quality patient care; and WHEREAS, the Virginia Society of Radiologic Technologists (est. 1948) is dedicated to advancing the education and technical skills of Radiologic Technology professionals. NOW, THEREFORE, I, Harry C. Nickens do proclaim the week of April 23 - 29, 1984, as RADIOLOGIC TECHNOLOGY WEEK in Roanoke County in observance of the Virginia Society of Radiologic Technologists 36th Annual Educational Convention being held April 25 - 28, 1984, at the Holiday Inn Tanglewood, and do call the attention of Roanoke County citizens to this very important allied health profession. Supervisor Burton will deliver the following proclamation on May 2, 1984, to the VASAP Office for the special recognitiion program for Vehicle Occupant Protection Week: I I ~ ~ 4-24-84 5Q()-~ ~, PRO C LAM A T ION WHEREAS, more than 1,000 occupants are injured every year in I motor vehicle accidents and more than 40,000 are killed; and WHEREAS, the automobile crash is the Number One Killer of young children in Virginia, ahead of all types of accidents and diseases; and WHEREAS, safety belts and child safety seats are proven effective in reducing such injuries and preventing deaths and insuring the preservation of our families, this nation's most precious resource; and WHEREAS, seventeen agencies have joined to form the Roanoke Valley STEERing Committee to assure the ~afe !ransportation of ~ach and ~very Bider; and WHEREAS, the Roanoke Valley STEERing Committee has I recognized the need for public attention to promote passenger safety through the increased use of automobile safety restraints; and WHEREAS, May 19th will be declared Valley-wide Passenger Safety Awareness Day to be celebrated at Tanglewood Mall. NOW, THEREFORE, I, Harry C. Nickens, Chairman of the Board of Supervisors of Roanoke County, do hereby proclaim May 13 through 19, 1984, as PASSENGER SAFETY AWARENESS WEEK in Roanoke County. IN RE: PUBLIC HEARINGS I PETITION OF R. W. BOWERS FOR REZONING FROM RESIDENTIAL DISTRICT R-l TO BUSINESS DISTRICT B-1, TWO PARCELS OF LAND CONTAINING APPROXIMATELY 4.15 ACRES AND LOCATED ON ROUTE 24, ROANOKE COUNTY, VIRGINIA IN THE VINTON MAGISTERIAL DISTRICT. REZONING REQUESTED SO THAT THE PETITIONER MAY DEVELOP THE SUBJECT PROPERTY AS A PROFESSIONAL OFFICE PARK. PLANNING COMMISSION RECOMMENDS DENIAL. HELD OVER FROM MARCH 13, 1984, MEETING. DENIED ------ ~ ,....- 5Q1 ~J .L 4-24-84 Chairman Nickens indicated that a meeting was held between the petitioner and the citizens on April 4. Mr. Gilbert Butler, attorney for the petitioner, briefly recapped the not be feasible for him to develop this property under the I principal issue involved indicating that Mr. Bowers felt it would present residential zoning and therefore proposes to develop the property for use as an office park. There were no new proffered conditions submitted since the March 13, 1984, meeting. Mr. Bruce Mayer, attorney for the residents, indicated that there was no apparent change in the original plans, and that the citizens are concerned about the traffic. He also reminded the Board that there were no proffered conditions that would give the Board final approval over the traffic situation. Chairman Nickens reported that pursuant to the April 4 meeting the Director of Planning, Rob Stalzer, reviewed the petition and made two recommendations - one being that no direct I access be permitted off Route 24, entrances and exits should be off Spring Grove Drive; and second, adequate planting of shrubbery be installed particularly around dumpsters, etc. Mr. Gilbert pointed out that if the traffic were routed off Spring Grove Road, the construction and the emergency service vehicles could not maneuver. Supervisor Burton reiterated that adding three entrances onto Route 24 was not acceptable to the Planning Department" and Supervisor Brittle expressed his concern that there still is no provision for an eastbound entrance. Since no additional conditions were proffered, I and the conditions for approval have not been received from the Virginia Department of Highways and Transportation, Supervisor Minter moved to deny the petition and that the standard twelve-month period be used to provide solutions to the traffic problems and to resubmit the petition. The motion carried by the following roll call vote: ~ ~ 4-24-84 532 I AYES: Supervisors Burton, McGraw, Minter, Brittle, Nickens NAYS: None I REQUEST OF THE BOARD OF SUPERVISORS TO AMEND CHAPTER 21 (ZONING) OF THE ROANOKE COUNTY CODE TO ESTABLISH AN ORDINANCE REGULATING SATELLITE DISHES. HELD OVER FROM MARCH 13, 1984, MEETING. ADOPTED ORDINANCE NO. 84-76 AMENDING CHAPTER 21. ZONING RELATING TO DEFINITION AND PERMITTED USES OF SATELLITE DISHES WITHIN ROANOKE COUNTY BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 21-1 Definitions of Chapter 21 Zoning be amended to include the following definitions: I Satellite Dish Antenna (or earth station). Satellite Dish antenna shall mean an accessory use that is a combination of (1) antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterristrial sources; (2) a low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; and (3) a coaxial cable whose purpose is to carry the signals to the exterior of the building. Satellite Dish Antenna (or earth station) Height. This shall mean the height of the antenna or dish measured vertically from the highest point of the antenna or dish, when positioned for operation, to the grade or permanent structure to which the antenna or its base is attached. 2. That Section 21-15 Permitted uses in Article II A-I - Agricultural District be amended by an addition as follows: I (22) Satellite dishes - in platted subdivisions. Private, noncommercial radio and television satel- lite dish antennas may be permitted to be con- structed to a height not in excess of twenty feet only when installed at ground level, provided that such antenna shall be located behind the setback line of the main dwelling or mobile home. All towers, antennas, guy anchorages or similar devices shall be at least three feet from any property line except on the side yard facing the side street the setback requirement shall be twenty-five feet. The installation of a ground or roof-mounted satellite dish antenna shall be permitted in accordance with the Virginia Uniform Statewide Building Code. 3. That Section 21-21 Permitted uses in Article III RE - Residential District be amended by an addition as follows: ------ ~ r 5 ~3 ~ 4-24-84 (22) Satellite dishes - in platted subdivisions. Private, noncommercial radio and television satel- lite dish antennas may be permitted to be construc- ted to a height not in excess of twenty feet only when installed at ground level, provided that such antenna shall be located behind the setback line of the main dwelling or mobile home. All towers, antennas, guy anchorages or similar devices shall be at least three feet from any property line except on the side yard facing the side street the setback requirement shall be twenty-five feet. The installation of a ground or roof-mounted satellite dish antenna shall be permitted in accordance with the Virginia Uniform Statewide Building Code. I 4. That Section 21-29 Permitted uses in Article IV R-l Residential District be amended by an addition as follows: (9) Satellite dishes. Private, noncommercial radio and television satellite dish antennas may be permitted to be constructed to a height not in excess of twenty feet only when installed at ground level, provided that such antenna shall be located behind the setback line of the main dwelling or mobile home. All towers , antennas, guy anchorages or similar device shall be at least three feet from any property line except on the side yard facing the side street the setback requirement shall be twenty-five feet. The installation of ground or roof-mounted satellite dish antennas shall be permitted in accordance with the Virginia Uniform Statewide Building Code. I 5. That Section 21-37 Permitted uses in Article V R-2 - Residential District be amended by an addition as follows: (6) Satellite dishes. Private, noncommercial radio and television satellite dish antennas may be permitted to be constructed to a height not in excess of twenty feet only when installed at ground level, provided that such antenna shall be located behind the setback line of the main dwelling or mobile home. All towers , antennas, guy anchorages or similar device shall be at least three feet from any property line except on the side yard facing the side street the setback requirement shall be twenty-five feet. The installation of ground or roof-mounted satellite dish antennas shall be permitted in accordance with the Virginia Uniform Statewide Building Code. 6. That Section 21-45 Permitted uses in Article VI R-3 - (8) Satellite dishes. Private, noncommercial radio and television satellite dish antennas may be permitted to be constructed to a height not in excess of twenty feet only when installed at ground level, provided that such antenna shall be located behind the setback line of the main dwelling or mobile home. All towers , antennas, guy anchorages or similar device shall be at least three feet from any property line except on the side yard facing the side street the setback requirement shall be I Residential District be amended by an addition as follows: ~ ~ 4-24-84 534 twenty-five feet. The installation of ground or roof-mounted satellite dish antennas shall be permitted in accordance with the Virginia Uniform Statewide Building Code. I 7. That Section 21-56 Permitted uses in Article VII R-4 Mobile Home Courts District be amended by an addition as fol- lows: (4) Satellite dishes. Private, noncommercial radio and television satellite dish antennas may be permitted to be constructed to a height not in excess of twenty feet only when installed at ground level, provided that such antenna shall be located behind the setback line of the main dwelling or mobile home. All towers , antennas, guy anchorages or similar device shall be at least three feet from any property line except on the side yard facing the side street the setback requirement shall be twenty-five feet. The installation of ground or roof-mounted satellite dish antennas shall be permitted in accordance with the Virginia Uniform Statewide Building Code. 8. That Section 21-60.1:2 Permitted uses in Article VII. 1 R-5 Residential District - Town House be amended by an I addition as follows: (3) Satellite dishes. Private, noncommercial radio and television satellite dish antennas may be permitted to be constructed to a height not in excess of twenty feet only when installed at ground level, provided that such antenna shall be located behind the setback line of the main dwelling or mobile home. All towers, antennas, guy anchorages or similar device shall be at least three feet from any property line except on the side yard facing the side street the setback requirement shall be twenty-five feet. The installation of ground or roof-mounted satellite dish antennas shall be permitted in accordance with the Virginia Uniform Statewide Building Code. 9. That Section 21-60.2:2 Permitted uses in Article VII.2 R-6 Residential District - Condominiums be amended by an addition as follows: I (3) Satellite dishes. Private, noncommercial radio and television satellite dish antennas may be permitted to be constructed to a height not in excess of twenty feet only when installed at ground level, provided that such antenna shall be located behind the setback line of the main dwelling or mobile home. All towers , antennas, guy anchorages or similar device shall be at least three feet from any property line except on the side yard facing the side street the setback requirement shall be twenty-five feet. The installation of ground or roof-mounted satellite dish antennas shall be ------ ~ r ---- 535 4-24-84 permitted in accordance with the Virginia Uniform Statewide Building Code. lO. That this Ordinance shall be in full force and effect from and after its passage. Adopted by the following roll call vote: AYES: Supervisors Burton, McGraw, Minter, Brittle, Nickens I NAYS: None PETITION OF CALVIN LEWIS LUCAS, JR. FOR A SPECIAL EXCEPTION TO RENEW THE PLACEMENT OF A MOBILE HOME ON A 13-ACRE TRACT, LOCATED APPROXIMATELY .25 MILES FROM THE END OF GRANDIN ROAD EXTENSION IN THE WINDSOR HILLS MAGISTERIAL DISTRICT. HELD OVER FROM THE APRIL 10, 1984, MEETING. HELD OVER At the request of attorney, Charles Phillips, this matter was held over until the May 22, 1984, meeting. REQUEST TO SET REAL ESTATE TAX RATE NOT TO EXCEED $1.15 per $100 OF ASSESSED VALUATION. APPROVED I County Administrator, Donald R. Flanders, stressed that Roanoke County Administration's top priority is to provide high quality services at the least possible expense to County taxpayers. Citizens speaking in opposition to increased real estate taxes and the total amount of the school budget were: Mr. J. E. Hindle, 6065 Oriole Lane, Roanoke; Mr. Robert Haynes, 7610 Melinda, Salem; Mr. Earle Spruill, 5443 Chatsworth Drive, Roanoke; Mr. Patrick Washburn, Route 2, Boones Mill; Mr. John G. Hull, Route 1, Box 50, Salem; Mr. Wilbur A. Drewry, 844 Dillon Drive, Vinton; and Mr. Stanley R. Reas, 6206 S. Roselawn Road, Salem; and Mr. Ron Atkins, 3057 Timberlane Avenue, Roanoke. order to maintain the high quality of education provided by the I Citizens speaking in favor of the increased real estate tax in County schools were Ms. Shirley Black, 5025 Cave Spring Lane, Roanoke; and Mr. Bill Reid, 1597 S. Pacific Drive, vinton. At the request of Chairman Nickens, Mr. Flanders explained Roanoke County's position regarding the freeze of real ~ I I I ~ 4-24-84 536 I estate taxes stating that anyone who applies with the Commissioner of Revenue and is handicapped or 65 years of age with less than $18,000 annual income can qualify for a tax freeze a homestead and up to one acre of land. Chairman Nickens presented a petition from his Magisterial District which he received containing 263 names expressing opposition to the $1.15 rate. Superin- tendent of Schools, Bayes Wilson, was present to answer questions regarding the school budget request. Supervisor Burton moved to set the real estate tax rate at $1.l4 per $100 of assessed valuation. The motion was defeated by the following roll call vote: AYES: Supervisor Burton NAYS: Supervisors McGraw, Minter, Brittle, Nickens Supervisor McGraw then moved to set the real estate tax rate at $1.l5 per $100 of assessed valuation, as per the following resolution: RESOLUTION NO. 84-77 SETTING THE TAX LEVY ON REAL ESTATE SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1984 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the levy for the twelve-month period beginning January l, 1984 and ending December 3l, 1984, be, and hereby is, set for a tax rate of $1.15 per one hundred dollars of assessed valuation on all classes of tangible real estate and mobile homes as classified in Section 58-829.3 of the 1950 Code of Virginia, as amended, situate in Roanoke County. Adopted by the following roll call vote: AYES: Supervisors McGraw, Minter, Brittle, Nickens NAYS: Supervisor Burton IN RE: RECESS Chairman Nickens called for a recess at 9:17 p.m. IN RE: RECONVENEMENT ------ ~ ~ 537 4-24-84 IN RE: The meeting reconvened at 9:35 p.m. CITIZENS COMMENTS AND COMMUNICATIONS At the request of Supervisor McGraw, Mr. David Simmons addressed the Board commenting on the opportunity the citizens have to appear at public hearings and expressing his support for the Board during the budget process. Mr. Stan Reas again spoke asking when the public hearing would be held regarding the proposed utility tax. Chairman Nickens advised him it would be held pursuant to the establishment of the capital improvement program. At Mr. Reas' request, copies of the 1984-1985 budget documents are to be placed in all the County Libraries. I IN RE: REPORTS OF OFFICERS, DEPARTMENTS, AND COMMITTEES Department of Fiscal Management - no report. Department of Development - no report. County Attorney- no report. Personnel - no report. County Administrator - Mr. Flanders has extensively reviewed requests for service from Roanoke Valley Cablevision. The following construction schedule was provided by Roanoke Valley Cablevision Exectutive Vice President, Mr. E. K. Mattern: Stonehenge to begin in May, Sugar Loaf Hills estimated to start in June, LaBellevue is underway and service should begin in July, willow Creek to begin in July, Cross Creek Garst Cabin Drive is underway and to be completed during April, Woods Crossing service is being planned when construction is completed. Extension is being planned in the Friendship Manor-Carefree Lane area and the Buckland Forest Area. Mr. Robert Glenn, attorney; Mr. Bernard W. Langheim, General Manager; and Mr. Wallace, Supervisor of Field Operations of Roanoke Valley Cablevision were present to respond to citizens' questions. I I ~ ~ 4-24-84 538 Supervisor Burton requested that Mr. Glenn provide a concrete commitment from Roanoke Valley Cablevision as to when residents in Sugar Loaf Hills area will be receiving service. He I advised her that it will take three months for APCO to install new poles, and Roanoke Valley Cablevision service will be complete 30 days after the poles are in place. Citizens present requesting the status of their requests for service were Mitch Rothschild, of Sugar Loaf Hills, and Lee Bright, of Canterberry Park; and Mr. Glenn advised them that new subdivisions were considered when the percentage of development makes it economically feasible to install Cablevision. Department of Public Facilities - Superintendent, John Hubbard, told the Board that the County annually applies for an anit-litter program grant with the other Valley I governments. Supervisor Brittle moved the prepared resolution authorizing the Clean Valley Committee to apply for the grant: RESOLUTION NO. 84-78 AUTHORIZING THE CLEAN VALLEY COMMITTEE TO APPLY FOR AN ANTI-LITTER PROGRAM GRANT FOR ROANOKE COUNTY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby expresses its intent to combine with the City of Roanoke, Town of Vinton, and City of Salem in a mutually agreed upon and cooperative program, contingent on approval of the application by the Department of :onservation and Economic Development, Division of Litter :ontrol, and contingent on receipt of such funds; and I 2. That the Board hereby authorizes Clean Valley :ommittee, Inc. to plan and budget for a cooperative anti-litter ~rogram which shall represent said program for all localities 1amed in this resolution; and 3. That the Board further authorizes Clean Valley :ommittee, Inc. to apply on behalf of Roanoke County for a grant, ~ ~ ,...- 539 4-24-84 and to be responsible for the administration, implementation and completion of the program; and 4. That the Board further accepts responsibility I jointly with the Clean Valley Committee, Inc. and the City of Roanoke, Town of Vinton, and City of Salem for all phases of the program; and 5. That said funds when received will be transferred immediately to Clean Valley Committee, Inc.; all funds will be used in the cooperative program to which the Board gives its endorsement and support; and 6. That the financial records of Clean Valley Committee, Inc. shall be subject to inspection and review by the County Superintendent of Fiscal Management and such data shall be presented to allow proper reporting on a timely basis by the ~ 7. That the Board requests the Department of I County; and Conservation and Economic Development, Division of Litter Control to consider and approve the application and program, said program being in accord with the regulations governing use and expenditure of said funds. Adopted by the following roll call vote: AYES: Supervisors Burton, McGraw, Minter, Brittle, Nickens NAYS: None Pursuant to the Supervisor McGraw's request, Mr. Hubbard compiled a list of the total hardness of water contained in each County well for comparison with North Lakes Well #4. Seven wells exceed the hardness of North Lakes Well #4. Supervisor McGraw requested that this be reviewed again based on I the number of users in the top seven rated wells, and that a assessment formula be considered after contacting the users of the top seven on the prioritization list. In follow-up to Chairman Nickens' request of March 27, 1984 twenty-five potholes were patched February 22 on Verndale ~ ~ 4-24-84 540 I I Road. Inspections were made on March 14, and March 28, with I bi-weekly inspections scheduled through May and monthly inspections thereafter. Paving at Mt. Pleasant Fire Station started March 16 and was completed March 19. Paving was authorized by Mr. Hubbard with outside temperatures being acceptable. Pavement is still due on the Bent Mountain Refuse Collection Site. This work was done at no cost to the County as a negotiated settlement for liquidated damages being considered by the County for delayed completion of the Mt. Pleasant work. County Administrator - reported that updates will be sent to the Board on the rate negotiations between C & P Telephone Company and VACO and VML. The Department of Development (Planning) will draft a letter in response to the Virginia Department of Highway & Transportation's inquiry as to whether there has been any I opposition to the improvement program at Ogden and Colonial Avenue. This request has delayed the project thirty days. An Executive Session was requested for the April 25 adjourned meeting to discuss a personnel matter. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Burton - requested the County Administrator notify each member of the City Council of Roanoke by letter of Roanoke County's efforts to resolve the problems at Hidden Valley athletic fields and that a copy of the letter be included in the next regularly scheduled agenda packet. I Supervisor McGraw - no report. Supervisor Minter - no report. Supervisor Brittle - requested that a future look be taken at establishing an appreciation program to offset the cost of potholes and improvements in the water system. Mr. Brittle also asked the status of the commuter parking lot, and Mr. Hubbard advised that the concept is being studied with the Highway Department. ------ ~ ,...- 541 4-24-84 Chairman Nickens - requested that a resolution be prepared and spread in the Minutes approving the application of a small clothing manufacturing plant for a $16,500 industrial road access grant. Supervisor Burton moved for preparation of I the resolution: RESOLUTION NO. 84-75 ENDORSING AND SUPPORTING THE TOWN OF VINTON'S APPLICATION FOR INDUSTRIAL ACCESS FUNDS WHEREAS, the Vinton Town Council has acquired and intends to develop approximately 4.33 acres for industrial use in accordance with Title 15.1-18 of the 1950 Code of Virginia, as amended; and WHEREAS, this site is that property formerly owned by the Virginia Department of Highways and Transportation acquired to build Gus Nicks Blvd. and known as the former Hancock pro- perty; and WHEREAS, the completion of Gus Nicks Blvd. has blocked I access by the traveling public to this property; and WHEREAS, Section 33.1-221 of the Code of Virginia provides authority to acquire Industrial Access Funds, which can be used by all cities, counties, and towns to encourage industrial development and expansion; and WHEREAS, towns requesting Industrial Access Funds pur- suant to Section 33.l-221 of the Code of Virginia must receive the approval of the Town Council and also from the County Board of Supervisors; and WHEREAS, public access to this site can be obtained from Gus Nicks Blvd. into this 4.33 acre tract, and such entrance has been proposed by the Virginia Department of Highways and I Transportation; and WHEREAS, the vinton Town Council has attracted a new industry to Vinton which will ultimately employ l25 people and locate on approximately 2.12 acres of that property acquired by the Town of Vinton; and ~. ~ 4-24-84 542 I WHEREAS, this one new industry proposes to invest $165,000 in capital cost to locate this new facility in the Town of vinton within an existing structure which is presently vacant; and WHEREAS, this industry meets the zoning, land use, and environmental criteria established by the Town of vinton; and WHEREAS, the development of new industry and its creat- ing of new employment is desirable to the Town and to Roanoke County. I NOW, THEREFORE, BE IT RESOLVED that the Board of Super- visors of Roanoke County does endorse and support the Town of vinton's application for Industrial Access Funds before the Vir- ginia Department of Highways and Transportation in the amount of $16,500 to permit access to this new manufacturing plant. BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the Vinton Town Manager to permit the completion of this Industrial Access Grant Request to the Virginia Depart- ment of Highways and Transportation pursuant to Section 33.1-221 of the Code of Virginia. Adopted by the following roll call vote: Supervisors Burton, McGraw, Minter, Brittle, Nickens None AYES: NAYS: I IN RE: APPOINTMENTS Chairman Nickens recommended and Supervisor Minter moved for the reappointment of Thomas A. Darnall, from the Vinton Magisterial District to the Building Code Board of Adjustments and Appeals. The four-year term will begin April 13, 1984. The motion carried by a unanimous voice vote. IN RE: WORK SESSIONS Concession Stand Policy - Supervisor Brittle moved that a resolution be prepared and spread in the Minutes that would adopt the Concession Stand Policy: ------ ~ r 543 4-24-84 RESOLUTION NO. 84-79 ADOPTING A POLICY ON THE OPERATION OF CONCESSION STANDS IN ROANOKE COUNTY PARKS BE IT RESOLVED by the Board of Supervisors of Roanoke 1. That the Board does hereby adopt the hereinafter I County, Virginia, as follows: set out policy on the operation of concession stands in Roanoke County parks 2. That the policy herein adopted shall be in full force and effect from and after the adoption of this resolution: POLICY REGARDING CONCESSION AGREEMENTS It shall be the policy of Roanoke County to enter into formal agreements to grant permission to operate concessions and sell wares in County parks or other areas owned by the County. I. Existing Concessions - All existing arrangements with I nonprofit organizations shall be continued for a period of five years, provided each shall enter into a Concession Agreement with the County upon form approved by the Board of Supervisors, a copy of which may be obtained from the Clerk's Office. The blanks in the Agreement designated for a fixed fee and a percentage fee are to be completed by inserting the word "none." In addition, each Agreement shall contain the following additional provision as paragraph 33: Concessionaire represents that it is a nonprofit organization and that no part of the earnings from operation of the concession business under this Agreement shall inure to the benefit of, or be distributable to, its directors, trustees, members, officers or other private persons, except that Concessionaire may pay reasonable compensation for services rendered. Further, Concessionaire covenants that all net earnings from the operation of the concession business shall be used for public recreational purposes in Roanoke County. I At the termination or expiration of each agreement, future use of the concession facility covered by the Agreement shall be governed by the succeeding provisions of this Policy. ~ ~ 4-24-84 544 II. Other Concessions - All other grants of the right to operate concessions shall be based upon application submitted on forms approved by the County Administrator. I Applications for use by nonprofit organizations for terms of one year or less may be approved by the County Administrator. All other applications shall require approval of the Board of Supervisors at a public hearing. When applications require the approval of the Board, bids shall be solicited by advertisement. Selection procedures shall include: (A) Bid or Offer - The Bid shall include information about the following: 1. Length of Agreement. 2. Fixed fee. 3. Percentage fee - percentage of gross I receipts to be paid in addition to the fixed fee. 4. Data to accompany bid or offer to include financial condition (balance sheet), experience and personal references. 5. Submission of bids or offer. 6. Bid or offer form. 7. Qualification of applicant. (B) Form of Concession Agreement 1. General - a copy of the form of agreement may be obtained from the Clerk to the Board of Supervisors I 2. Non-Profit Organizations - where a nonprofit organization is granted the right to operate a concession, an additional paragraph shall be added as set forth in I above. (C) Evaluation - Applications will be evaluated on a number of factors including, if the applicant is a nonprofit organization, whether net earnings ------ ~ r 545 4-24-84 will be used to foster the County's recreational programs and whether the organization otherwise contributes to the development and promotion of recreational opportunities. I (D) Public Hearings - Bids will be approved by the Board at a public hearing after notice thereof. III. Definition of Concessioniare - A Concessionaire may be any of the following: A. Individuals B. Organizations C. Businesses D. Groups Churches IV. Types of Concessions - Concessions may consist of I the following types: A. Permanent Structures B. Portable Structures C. Motorized Vehicles D. Carts E. Tables F. Stands G. Other (as recognized by Roanoke County) V. Designated Areas - Concessions may be operated only in designated areas as set by Roanoke County. These areas may include: A. Building Areas I B. Parking Areas C. Field Areas D. Other Areas (as recognized by Roanoke County) ~ 4-24-84 546 VI. permission for Operation - No concessions will be operated on County property without a written agreement. All violators will be subject to prosecution. I AYES: NAYS: Adopted by the following roll call vote: Supervisors Burton, McGraw, Minter, Brittle, Nickens None IN RE: EXECUTIVE SESSION Supervisor Minter moved to go into Executive Session at ll:OO p.m. pursuant to the Code of Virginia, Section 2.1-344(a) (1), (2), (4), and (6) to discuss personnel, real estate, location of a prospective business or industry, and legal matters. The motion carried by a unanimous voice vote. I IN RE: OPEN SESSION Supervisor Minter moved to return to Open Session at 12:06 a.m., and the motion carried by a unanimous voice vote. IN RE: ADJOURNMENT Chairman Nickens adjourned the meeting until 9:00 a.m. Wednesday, April 25, 1984, to go into Budget Work Session and to consider going into Executive Session pursuant to the Code of Virginia, Section 2.1-344(a) (1), (2), (4), and (6) to discuss personnel, real estate, location of a prospective business or industry, and legal matters. The motion carried by a unanimous voice vote. I