5/22/1984 - Regular
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue S.W.
Roanoke, VA 24015
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May 22, 1984
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, Roanoke,
Virginia, this being the second Tuesday and the second regular
meeting of the month of May, 1984.
IN RE: CALL TO ORDER:
Chairman Nickens called the meeting to order at 3:10 p.m.
The roll call was taken:
MEMBERS PRESENT: Chairman, Dr. Harry C. Nickens, Vice
Chairman, Athena E. Burton, Supervisors Alan H. Brittle, Steven
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A. McGraw, Gary J. Minter.
MEMBERS ABSENT:
None
Work Session - Donation of Burqess-Shindell Property.
Gary Huff reported that Mrs. Mary Jane Burgess and Mrs. Cherie
Shindell are interested in donating 34 1/2 acres to Roanoke
County. The land is located off Route 221 on Route 692 in the
Chestnut Mountain area. They would prefer the land be developed
as a nature area. The Department of Parks and Recreation visited
the property and recommended acceptance of the donation.
However, the Department of Public Facilities felt that the
property would be better served by other groups because of the
limited maintenance and development funding potential by Roanoke
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County. Supervisor Burton disagreed with the recommendation of
the Department of Public Facilities, and supported accepting the
property for use as a nature area. Chairman Nickens introduced
Mrs. Burgess and Mrs. Shindell and slides of the property were
shown. Mrs. Shindell and Mrs. Burgess felt there would be no
maintenance costs at this time. The Board deferred any action
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until all members have visited the property to assess it's
possibilities. Supervisor Minter suggested that the staff get
estimated costs necessary for maintenance and upkeep. Following
IN RE: EXECUTIVE SESSION
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this, the matter will be brought up at a future date.
Supervisor Minter moved to go into Executive Session
pursuant to the Code of Virginia, Section 2,1.-344 (a)(l), (2),
and (6) to discuss personnel, real estate and legal matters. The
motion carried by a unanimous voice vote.
IN RE: OPEN SESSION
Supervisor Minter moved to return to Open Session at 4:15
p.m., and the motion carried by a unanimous voice vote.
Work Session - Private Road Subdivisions
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Superintendent of the Department of Development, Tim
Gubala reported the purpose of the Work Session was to obtain
some understanding of the effect of Section 33.1-72.1 of the Code
of Virginia on the Roanoke County subdivision ordinance.
He introduced Fred Altizer of the Department of Highways and
Transportation,and Joe Bateman, Vice Chairman of the Planning
Commission. Mr. Altizer explained that the Roanoke County
subdivision ordinance must state that any subdivision street
built henceforth would have to be designed and constructed to
state standards to be included in the Secondary System. Mrs.
Burton expressed concern that the state is not recognizing the
impracticality of these standards for the type of terrain in this
area. The Department of Development and the Department of Public
I
Facilities were directed to bring a report with recommendations
to the June 12th meeting on the impact of the state standards to
Roanoke County.
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Work Session - Allocation of Funds for the Six Year
Proqram
County Administrator, Donald R. Flanders asked John
Peters, Engineering Department to give a report on the Allocation
of Funds for the six year improvement program. Mr. Peters
announced that Roanoke County will get an increased portion of
the funds through the six-year period as a result of their
request for additional funds at the April pre-allocation hearing.
Most of the increase will begin in 1986-87. Mrs. Burton stated
that without the support of the state legislators at the hearing,
the additional funds might not have been approved. Mr. Flanders
suggested obtaining professional assistance, if necessary, in
developing a study with the other counties to present to the
legislators so they can understand the need for additional funds.
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IN RE: RECESS
At 5:10 p.m. Chairman Nickens called for a dinner
recess.
IN RE: CALL TO ORDER:
Chairman Nickens called the regular meeting to order at
7:15 p.m. The roll call was taken:
MEMBERS PRESENT: Chairman, Harry C. Nickens; Vice Chairman
Athena Burton; Supervisors Alan H. Brittle,
Steven A. McGraw, Gary J. Minter.
MEMBERS ABSENT: None
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IN RE: OPENING CEREMONIES
The invocation was offered by the Reverend Alvord
Beardsley, Chaplain of Hollins College. The Pledge of Allegiance
was recited by all present.
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i IN RE: COUNTY ATTORNEY
I Commonwealth's Attorney and Mr. Skip Burkhart, Assistant
Commonwealth's Attorney acting in the absence of a County
Attorney. Supervisor Nickens also introduced the new County
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Attorney, Mr. Paul Mahoney, who will be joining the staff
effective June 15, 1984.
IN RE: CONSENT AGENDA
Supervisor Burton requested that Items #9 and #17 be
deleted for discussion. Supervisor moved the prepared resolution
with the exceptions of Items #9 and #17. On Item #9, Supervisor
Burton announced that she understood that the Animal Control
Officer was to have only restricted arrest authority specifically
pertaining to animal control. The resolution was carried over to
the next meeting so additional research can be done. On Item
#17, Supervisor Burton moved that the Fireworks Permit be
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approved upon the compliance of the recommendation of the
Sheriff, Fire Marshal and the zoning officer.
RESOLUTION NO. 84-90 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 May 22, 1984, designated as Item B -
,
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 18, inclusive, as follows:
1. Minutes of Meeting - April 10, 1984, April 25,
1984, April 30, 1984, May 1, 1984, May 2, 1984.
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2. Letter from Ralph Hambrick, Virginia Commonwealth
University, dated May 3, 1984, thanking Alfred
Anderson for participating in the education program
for the Virginia Treasurer's Association.
3. Letter from Michael F. Kavanaugh dated April 20,
1984, tendering resignation from the Board of
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Directors of the Emergency Medical Services Council
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4. Bid Report: Contract for architectural and
engineering services to study the structural
soundness and improvements to existing County
facilities and develop program plan for development
of Public Service Facility - Resolution.
5. Final Order for cleaning up the illegal dump site
on Plantation Road.
6. Letter from William S. Board, Executive Vice
President, Salem-Roanoke County Chamber of Commerce
dated May 7, 1984, endorsing Roanoke County Board
of Supervisors Resolution No. 84-66 requesting
equitable funding of primary construction projects
in Roanoke County.
7. Letter from Joseph H. Holleman, Clerk of the House
of Delegates, dated May 7, 1984, transmitting a
copy of Joint Resolution 3 and House Joint
Resolution 29.
8. Report on Application received by the U. S.
Department of Housing and Urban Development for
housing for the elderly in Roanoke County.
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9. Petitioning of Circuit Judges to authorize animal
control officers to serve as special police
officers - Resolution
10. Request of Executive Committee of the Virginia
Association of Counties to call a special meeting
of the Executive Board to study removal of the VACO
offices to Richmond, Virginia - Resolution.
11. Resolution creating the position of planning
technician in the Department of Development and
creating additional position of inspector in the
Department of Public Facilities effective June 1,
1984.
12. Letter dated May 10, 1984, from Frank E. Burchinal
advising his position as Regional Forester.
13. Letter dated April 24, 1984, from Mr. and Mrs. Fred
Anderson expressing appreciation for the summer
playground for handicapped children.
14. Letter dated May 7, 1984, from John H. Parrott of
the Roanoke Valley Regional Solid Waste Management
Board transmitting a copy of the 1984-85 annual
budget.
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15. Letter dated April 24, 1984, from the Honorable G.
Steven Agee to Robert A. Quicke supporting Roanoke
County's entitlement to a more equitable share of
Highway Construction funds.
16. Report for previously approved personnel changes -
Appropriation Resolution.
17. Fireworks display permit application - Hills
Department Store #54, Brambleton Avenue.
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5/22/84
18. Report and Order requesting state maintenance of
Doe Run Road, Black Bear Lane and Flintrock Road.
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
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this resolution.
On motion by Supervisor Burton and adopted by the
following recorded vote:
AYES:
Supervisors Brittle, Burton, McGraw, Minter, Nickens
NAYS:
None
RESOLUTION NO. 84-90.a ACCEPTING A CERTAIN
PROPOSAL MADE TO THE COUNTY OF ROANOKE FOR
ARCHITECTURAL AND ENGINEERING SERVICES.
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That that certain proposal of VVKR dated May 17,
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1984, upon all and singular the terms and conditions of the
request for proposal, the specifications of the County of
Roanoke, the bidder's proposal, and the provision of this
resolution, be, and same hereby is, ACCEPTED; and
2. That the County Administrator is hereby authorized
and directed to execute the necessary documents on behalf of
Roanoke County, all to be upon form approval by the County
Attorney; and
3. That all other proposals 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 proposals.
On motion by Supervisor Burton and adopted by the
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following recorded vote:
AYES:
Supervisors Brittle, Burton, McGraw, Minter, Nickens
NAYS:
None
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RESOLUTION NO. 84-90.b EXPRESSING
CERTAIN POSITIONS OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY
CONCERNING BOTH LOCATIONAL AND
INFRASTRUCTIONAL MATTERS RELATING TO
THE VIRGINIA ASSOCIATION OF COUNTIES.
WHEREAS, Roanoke County, a longtime member of the
Virginia Association of Counties, has through the years
vigorously supported the Association in all endeavors and
particularly in its mission to represent the Counties across
the Commonwealth before the General Assembly of Virginia, is now
compelled to state its position on certain matters which impact
on the Association's ability to most effectively assist in
securing enactment of legislation desperately needed by Counties
of this Commonwealth.
THEREFORE BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Executive Committee of the Virginia
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Association of Counties be; and it is hereby, petitioned to
immediately convene an emergency meeting of the Association
membership for the purpose of determining both the most
appropriate location for the Association's offices, and the
Association's best interest regarding infrastructional
leadership; and
2. That at such emergency meeting the Executive
Committee cause to be presented to the membership for
consideration a fully developed plan for moving the Association
offices to Richmond, Virginia, along with a complete comparative
analysis of any benefits vis-a-vis detriments of such action,
considering, among other matters, the proximity of the
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Association's staff to the heart of the legislative process;
i.e., extra sessional committee proceedings and the like; and
3. That at such emergency meeting the Executive
Committee cause to be presented to the membership for
consideration a fully developed plan for the most cost effective
disposal of the Association's properties in Charlottesville,
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Virginia, and the securing of new quarters in Richmond, Virginia;
and
4. That at such emergency meeting the Executive
Committee cause to be presented to the membership for
consideration a fully developed plan for the employment of a new
executive director to coordinate the move of the Association to
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Richmond, Virginia, and to fully accomplish same no later than
the convening of the Association's Annual Meeting in November,
1984, and which plan may consider, among other matters, a buy-out
of any contractual obligation to the present Executive Director;
and
5. That the several counties across the Commonwealth
are most urgently requested to join with the County of Roanoke in
this petition to the Executive Committee of the Virginia
Association of Counties and to support the positions herein
set-forth; and
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6. That attested copies of this resolution be
forthwith forwarded to each member of the Executive Committee of
the Virginia Association of Counties and to the various boards of
supervisors of the several counties of the Commonwealth.
On motion by Supervisor Burton and adopted by the
following recorded vote:
AYES:
Supervisors Brittle, Burton, McGraw, Minter, Nickens
NAYS:
None
RESOLUTION NO. 84-90.c AMENDING
RESOLUTION NO. 84-73 ESTABLISHING AND
APPROVING A CLASSIFICATION PLAN FOR
EMPLOYMENT IN THE SERVICE OF ROANOKE
COUNTY
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BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
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1. That Resolution No. 84-73 setting forth the
Classification Plan for the 1983-84 fiscal year be amended as
follows:
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Grade 16
Code Title
-
Department
Number
4e3------eon~~~tte~±on-~n~~ee~or--Eng±neer±ng--------------z
403 Construction Inspector Engineering 3
Grade 14
Code
311
Title
Planning Technician
Department
Development
Number
1
2. That the amendments to Resolution 84-73 herein set
out shall be in full force and effect from and after June 1, 1984
On motion by Supervisor Burton and adopted by the
following recorded vote:
AYES:
Supervisors Brittle, Burton, McGraw, Minter, Nickens
NAYS:
None
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Resolution Number 84-90.d
On ITOtion made by Supervisor Burton , the General A¡:propriation Resolution
of Roanoke County, Virginia, adopted June 14, 1983 be, and is the same hereby
amended as follows to become effective
DESCRIPTION
Class:
Fund:
Dept:
Expenditures
General
Board of Supervisors
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Supt. of Fiscal Management
Central Accounting
County Attorney
Personnel
Procurement
Commissioner of Revenue
County Assessor
Treasurer
Clerk of Circuit Court
Cœrnonwealth Attorney
Supt. of Public Facilities
Emergency Services
Policing & Investigating
Confinement/Care of Prisoners
Youth/Family Services
Fire
:
ACCOUNT NUMBER
INCREASE
(DECREASE)
03-6-0110l-(Personnel
Costs)
$ 231
427
3,253
449
375
1,217
3,655
4,749
2,816
1,390
999
16,482
303
35,748
31,005
7,147
9,089
03-6-01214-
03-6-01215-
03-6-01204-
03-6-01203-
03-6-01222-
03-6-01209-
03-6-01210-
03-6-01213-
03-6-02106-
03-6-02201-
03-6-04000-
03-6-03204-
03-6-03102-
03-6-03301-
03-6-03105-
03-6-03201-
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Engineering 03-6-04301- 6,696
I Supt. of Development 03-6-08107- 1,242
Construction Bldg. Services 03-6-03400- 3,039
Planning & Zoning 03-6-08100- 8,387
¡ Development Review 03-6-08106- 947
Extension/Continuing Education 03-6-08300- 87 I
I Animal Control 03-6-03501- 1,764
I Elections 03-6-01300- 362
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I Buildings & Grounds 03-6-04302- 11,677
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Library 03-6-07300- 13,809
I Parks & Recreation 03-6-07100- (7,705)
Social Services Adrrdnistration 03-6-05301- 3,519
Transfer to Air Pollution 03-6-09311-90011 1,571
Transfer to Radio Maintenance 03-6-09370-90170 2,031
Transfer to Garage 03-6-09370-90370 2,227
Transfer to Data Processing 03-6-09370-90270 7,788
Transfer to Water Fund 03-6-09390-90090 6,220
Transfer to Sewer Fund 03-6-09395-90095 6,220
Transfer to Refuse Fund 03-6-09396-90096 19,872
Dept: County Adrrdnistrator
Object: Personnel 03-6-012l0-(Personnel Costs) 5,107
Telephone 03-6-01210-52030 360
Dept: Dispatch
Object: Personnel 03-6-03104-(Personnel Costs) 7,182
Telephone 03-6-03104-52030 (360)
Dept: Employee Benefits I
Object: Reserve for Reclassifications 03-6-09102-10015 (180,039)
Dept: Unappropriated Balance 03-6-99999-99999 (41,338)
Class: Revenues
Fund: Air Pollution
Object: Transfer to General Fund 11-5-33010-00000 1,571
Class: Expenditures
Fund: Air Pollution 11-6-08201-(Personnel Costs) 1,571
Class: Revenues
Fund: Internal Service
Object: Transfer - Radio Maintenance -
General 70-5-05103-10000 2,031
Transfer - Data Processing -
General 70-5-05103-20000 7,788
Transfer - Garage - General 70-5-05103-30000 2,227
Class: Expenditures
Fund: Internal Services
Dept: Radio Maintenance 70-6-01225-(Personnel Costs) 2,031
Garage 70-6-01221-(Personnel costs) 2,227
Data Processing 70-6-01220-(Personnel costs) 7,788
Class: Revenues I
Fund: Utility
Ob ject: Transfer from General 92-5-51030-00000 32,312
Class: Expenditures
Fund: Utility
Dept: Utility Billing
Object: Repairs - Radio 92-6-01224-30042 120
Repairs- Auto 92-6-01224-30043 674
Gas, Oil, Grease 92-6-01224-54081 1, 818
Uniforms 92-6-01224-54100 257
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Small Equipnent & Supplies 92-6-01224-58070 125
Personnel 92-6-01224-(Personnel Costs) 14,928
Dept: utility Maintenance & Operations
Object: Repairs - Radio 92-6-04302-30042 (120)
Repairs - Auto 92-6-04302-30043 (674)
I Gas, Oil, Grease 92-6-04302-54081 (1,818)
Uniforms 92-6-04302-54100 (257)
Small Equipnent & Supplies 92-6-04302-58070 (125)
Personnel 92-6-04302-(Personnel COSts) 2,488
Dept: Refuse Disposal 92-6-04200-(Personnel Costs) 14,896
Adopted by the following recorded vote.
AYES: Supervisors Brittle, Burton, McGraw, Minter, Nickens
NAYS: None
IN RE: PROCLAMATIONS AND RESOLUTIONS
Chairman Nickens issued the following Resolution which
was accepted by the Coach of the Roanoke Stars, Jan Bruce.
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RESOLUTION NO. 84-91 COMMENDING AND
CONGRATULATING THE MEMBERS AND COACHES OF
THE ROANOKE STARS UPON WINNING THE VIRGINIA
AAU GIRLS BASKETBALL CHAMPIONSHIP IN THE 12
AND UNDER AGE GROUP.
WHEREAS, the Roanoke Stars recently won the Virginia AAU
Girls Basketball Championship in the 12 and under age group; and
WHEREAS, as a result of this achievement in strong competition
with teams from throughout Virginia, the Roanoke Stars qualify to
represent Roanoke County, the Valley, and the State of Virginia
at the National AAU Basketball Tournament in Yakima, Washington
in June of 1984; and
WHEREAS, 11 of the 12 skilled members of the team are
resident of Roanoke County; and
WHEREAS, it is appropriate for the County Board of
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Supervisors to commend and congratulate the team and its Coaches,
Jan Bruce, Head Coach, and Larry Ewing on their accomplishments
in winning the AAU State Championship, and wish them success in
their efforts to bring the National AAU Championship to Virginia
and the Roanoke Valley.
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NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County, Virginia that the Roanoke Stars: Lisa
Allison, Debbie Puch, Tarni Herbert, Kaye Amos, Amy Garlow, Debbie
Garrett, Holly Peterson, Josselyn Phifer, Emily Qualtney, Susan
Craft, Courtney Williams, Juliana Lachowicz, and their coaches,
Jan Bruce and Larry Ewing be individually and collectively
recognized for the outstanding achievement of winning the State
of Virginia AAU Girls Basketball Championship in the 12 and under
age group; and
BE IT FURTHER RESOLVED THAT THIS County Board of Supervisors
extend best wishes to the Roanoke Stars in their efforts to bring
the National AAU Championship to Virginia and the Roanoke Valley;
and
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BE IT RESOLVED that this Resolution be spread in the records
of this County and that a Certified Copy be presented to the team
as a remembrance of their superlative efforts.
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IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Minter - Moved that the Board of
Supervisors go on record thanking law enforcement officers for
their actions and the risks taken in the recent drug bust. The
motion was carried by the following role call vote:
AYES: Supervisors Burton, McGraw, Minter, Brittle, Nickens
NAYS: None
Supervisor Brittle - Reported that the study is
continuing on the possible use of a helicopter for various county
operations. He asked Rob Stalzer to report on his recent
helicopter trip with David Meador. Mr. Stalzer reported that the
use of the helicopter was very viable for reviewing land use, to
check zoning violations, soil and erosion violations, as well as
for areas for potential economic development.
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Supervisor Burton - Announced there will be a joint
meeting of the Roanoke County, Roanoke City and vinton Cable
Committee to discuss fees for Roanoke Valley Cablevision.
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Supervisor McGraw - No Report.
Supervisor Nickens - Announced he has received a
report from the School Administration on renovations for the
library room at Mt. Pleasant School. He also reported the
Library Board will be meeting on May 23rd to consider progress on
the project.
IN RE:
PUBLIC HEARINGS
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PETITION OF CALVIN LEWIS LUCAS, JR. FOR
A SPECIAL EXCEPTION TO REVIEW 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
Supervisor Nickens announced that at the request of
Charles Phillips, this hearing will be held over until June
12,1984.
ESTABLISHMENT OF CONSTRUCTION FUND PRIORITY
FOR THE SECONDARY SYSTEM OF THE STATE HIGHWAY
FOR FISCAL YEAR 1984-1985.
John Peters presented the the construction fund
priorities for the secondary system for fiscal year 1984-1985.
He announced that after the 1984 Allocation hearings, additional
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funds had been allocated for Roanoke County. The additional
funds would be appropriated in the Colonial Avenue - Ogden Road
project and in Incidental Construction, including right of ways
and utilities on Old Hollins Road Industrial Access Road.
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Supervisor Brittle moved the following resolution
amended to include the additional funding after the 1984
Allocation Hearings.
RESOLUTION NO. 84-92 APPROVING
CONSTRUCTION FUND PRIORITIES FOR THE
VIRGINIA DEPARTMENT OF HIGHWAYS AND
TRANSPORTATION SECONDARY SYSTEM FOR
ROANOKE COUNTY FOR FISCAL YEAR 1984-85
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BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to due notice and public hearing, the
Board does hereby establish for fiscal year 1984-85 those certain
construction fund priorities for the Virginia Department of
Highways and Transportation secondary system of highways in
Roanoke County as set out in that certain list of priorities with
recommended amendments as presented to the Board at its meeting
on May 22, 1984; and
2. That a copy of this resolution duly attested be
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forthwith forwarded to the Virginia Department of Highways and
Transportation - Salem Residency Office along with a duly
attested copy of said priority list with amendments by the Clerk
to the Board.
On motion by Supervisor Brittle and adopted by the
following recorded vote:
AYES:
Supervisors Brittle, Burton, McGraw, Minter, Nickens
NAYS:
None
AMENDMENT OF SECTION 14-10 OF THE ROANOKE
COUNTY CODE TO ALLOW FOR MORE EFFECTIVE
WEED AND TRASH ABATEMENT.
Rob Stalzer reported there was a need for a more
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effective weed and trash ordinance. Supervisor Burton questioned
whether the ordinance was actually needed and that it seemed
extremely cumbersome. Tom Blaylock, acting County Attorney
stated he agreed with the need and approved the draft of the
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ordinance. Rob Stalzer noted that the subdivision definition was
not in the ordinance, and would be added.
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Supervisor Brittle moved adoption of the following
ordinance, amended to include the subdivision definition:
ORDINANCE NO. 84-93 AMENDING
ARTICLE III. CONDITION OF PREMISES OF
CHAPTER 14. REFUSE AND GARBAGE RELATING
TO WEED AND TRASH ABATEMENT
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Article III. Condition of Premises of Chapter
14. Refuse and Garbaqe be repealed in its entirety and readopted
to read and provide as follows:
ARTICLE III. CONDITION OF PREMISES
Sec. 14-10. Definitions.
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For the purposes of this article, the following words
and phrases shall have the meanings respectively ascribed to them
by this section:
Abatement cost. The county's cost of labor, equipment
and supplies for, or the contract price of and any charges to the
county with respect to, the removal and disposal of weeds or
trash from a parcel.
Enforcement agent. The Superintendent of Development
or his designee.
Owner. Any person shown by any public record to have
an interest in real estate lying in the county upon which a
public nuisance exists as of the date of the abatement of the
public nuisance under this article.
Parcel. Any real estate, or any interest therein,
situate, lying and being in the county on which any residential,
commercial, industrial, or institutional activity is conducted or
on which any vacant, residential, commercial, industrial, or
institutional building or structure is located, or in any
subdivision.
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Public nuisance. Any act or activity the causing or
maintaining of which is such an inconvenience or troublesome
matter as to annoy, injure or damage the public at large or a
substantial portion of the community or a considerable number of
persons, and from which any resulting damage is not specifically
apportionable to anyone member of the community.
Subdivision. Any tract or parcel of land divided into
three or more lots or parcels, containing three-fourths of an
acre of land, for the purpose, whether immediate or future, of
transfer of ownership or development.
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Trash. Abandoned personal property, garbage, refuse,
rubbish, or debris, which shall include an accumulation of cut
weeds over fifteen (15) inches long, openly lying on any parcel.
Weed or weeds. Any plant, grass or other vegetation
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covering substantially all of a parcel which is over fifteen (15)
inches long, other than trees, shrubbery and agricultural plants.
Sec. 14-11. Dumping or keeping trash; misdemeanor; public
nuisance.
All exterior property areas and premises shall be
maintained in a clean, safe condition, free from any accumulation
of trash and the failure to so maintain any parcel shall
constitute a class four misdemeanor punishable as provided by
law, and each day the failure to comply with this provision
continues shall constitute a separate offense, and shall
additionally constitute a public nuisance.
Sec. 14-12. Weeds declared a public nuisance; duty of owner to
cut weeds.
Weeds growing between May first and October first and
trash lying on any parcel shall constitute a public nuisance; it
shall be unlawful to cause or maintain a public nuisance with
respect to any parcel. An owner shall abate any public nuisance
with respect to this parcel.
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Between May fifteenth and June fifteenth and between
August first and September first of each year every owner of real
estate situated in the county shall cause to be cut therefrom all
weeds. Any such owner who shall violate the provisions of this
section shall be deemed to be guilty of a class four misdemeanor
punishable as provided by law, and each day that such weeds shall
remain uncut after the period within which they are required to
be cut shall constitute a separate offense.
Sec. 14-13. Notice to cut weeds or remove trash; preabatement
hearing.
a) In addition to any applicable criminal sanctions
provided in this Code, whenever the enforcement agent determines
that a public nuisance exists upon any parcel, he shall notify
the record owner of such parcel of such fact by certified mail at
said owner's last known address as shown by any source available
to the agent, and such notice shall constitute for purposes of
this article, due legal notice as made and provided by law. The
notice herein required shall direct that the public nuisance be
abated within fourteen (14) days following the mailing. In case
the owner's address is unknown or cannot be found, the
enforcement agent shall post the notice herein required at a
conspicuous place on the parcel on which the public nuisance
exists and the posting shall constitute, for purposes of this
article, legal notice as made and provided by law.
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b) The notice, herein required, shall advise the owner
that if he objects to the proposed action of the county he may
present at the time and place indicated on the notice his
objection; provided that within seven (7) days from the date of
mailing or posting of the notice, the owner shall provide the
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597t
enforcement agent a written statement of his objection. At the
hearing, the enforcement agent shall hear and investigate any
objection that may be raised and take such action as may be
a~propriate under the facts and circumstances established.
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Sec. 14-14. Abatement of public nuisance.
a) If the owner fails to abate the public nuisance as
required, and the enforcement agent finds that the public health,
safety, order or convenience is impaired by the maintenance of
the public nuisance, he may request in writing that the county
abate such public nuisance. Upon such request, the appropriate
county officials may abate such nuisance by county forces or
through private contract.
b) Any owner may abate the public nuisance himself
without liability to the county, provided that he does so prior
to commencement of abatement by county personnel or contractors.
Sec. 14-14.1. Accounting for abatement costs.
The Superintendent of Public Facilities or his designee
shall keep an account of the cost of abating public nuisances and
embody such account in periodic reports with assessment lists
which shall be transmitted to the Superintendent of Fiscal
Management at convenient intervals. The copy retained by the
Superintendent of Fiscal Management shall be available for public
inspection. The reports shall refer to each parcel as to which a
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public nuisance was abated by description sufficient to identify
the parcel, and specify the following additional charges for each
such parcel to be assessed against each owner.
1) A service charge of twenty (20) percent of the
abatement cost.
2) Interest at ten (10) percent from date of accrual
until paid.
Sec. 14-14.2. Notice to owner of hearing on abatement costs.
a) No more frequently than twice a year the
Superintendent of Development shall hold hearings at the Roanoke
County Administration Center for the purposes of hearing
objections to and comments upon the reports and proposed
assessments, of correcting any mistakes or inaccuracies in the
reports and of confirming the same.
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b) Not less than fourteen (14) days prior to a hearing
as herein provided, such reports and assessment lists shall be
posted at the front door of the county administration center with
a notice of the time and place the Superintendent of Development
will conduct the hearing on the reports and assessment lists, and
the Superintendent of Development shall send by certified mail to
each owner at his address as determined from county records a
notice of the time, place and subject matter of the hearing. The
notice shall advise the owners of his right to object to, be
heard upon, and to contest the confirmation of the report and
assessment. The notice shall further provide that, upon the
confirmation by the Superintendent of Development of the reports
of abatement costs and service charges same shall constitute
special assessments against the owner and the parcel, a personal
obligation of the owner and a lien upon the owner's parcel from
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5/22/84
the date and time of the recordation of a notice of lien, and
bear interest at the rate of ten (10) percent.
c) There shall be included with the notice a statement
to the owner of the abatement cost, service charge and accrued
interest.
Sec. 14-14.3. Post-abatement hearing.
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a) At the hearing, the Superintendent of Development
shall hear any objections which may be raised by any owner liable
to be assessed and may confirm, modify or reject the reports and
assessment lists as he may deem appropriate and send those
confirmed to the Superintendent of Fiscal Management for
collection of the respective special assessment.
b) With respect to all such accounts remaining unpaid
fourteen (14) days after the confirmation of the reports and
assessment lists, the Superintendent of Development shall cause a
notice of the lien of the special assessment prepared by the
county attorney to be recorded in the clerk's office of the
circuit court of the county. The county attorney may take
appropriate steps including a personal or in rem suit or action
in the appropriate court to enforce the lien to satisfy the
special assessment.
2. That this ordinance shall be in full force and
effect from and after its passage.
On motion by Supervisor Brittle and adopted by the
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following recorded vote:
AYES:
Supervisors Brittle, Burton, McGraw, Minter, Nickens
NAYS:
None
REQUEST TO ESTABLISH SALARIES OF THE MEMBERS
OF THE BOARD OF SUPERVISORS AT AN ANNUAL RATE
NOT TO EXCEED $6,900 FOR BOARD MEMBER, $8,100
FOR VICE CHAIRMAN, AND $8,700 FOR CHAIRMAN.
Mr. Stan Reas, 6206 South Roselawn Road, Salem spoke
in favor of raising the salaries of the Board of Supervisors.
No citizens spoke in opposition.
Supervisor Minter moved the following resolution:
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ORDINANCE NO. 84-94 ESTABLISHING THE
SALARY OF MEMBERS OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY AND
ESTABLISHING A SALARY FOR THE CHAIRMAN
AND VICE CHAIRMAN, RESPECTIVELY
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
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599'~
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1. That pursuant to House Bill 412 adopted by the 1984
session of the Virginia General Assembly amending Section
14.1-46.01 of the 1950 Code of Virginia, the salary of the
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members of the Board of Supervisors of Roanoke County shall be
amended as follows:
2. That from and after July 1, 1984, the salary of the
members of the Board of Supervisors of Roanoke County shall be
$6,900; and
3. That from and after July 1, 1984, the salary of the
Chairman of the Board of Supervisors of Roanoke County shall be
$8,700 and the salary of the Vice Chairman of the Board of
Supervisors shall be $8,100; and
4. That in addition to and without regard for the
salary limits herein set out, the Board of Supervisors hereby
grants to its members any or all fringe benefits in the manner
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and form as such benefits are provided for County employees.
On motion by Supervisor Minter and adopted by the
following recorded vote:
AYES:
Supervisors Brittle, Burton, McGraw, Minter, Nickens
NAYS:
None
PUBLIC HEARING ON PROPOSED BUDGET AND FEDERAL
REVENUE SHARING DISTRIBUTION PLAN FOR ROANOKE
COUNTY FOR FISCAL YEAR 1984-1985.
County Administrator Donald Flanders gave a report on
the proposed budget for 1984-1985. He asked Tom Blaylock, acting
County Attorney for his opinion on the 10 million dollar
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difference between the legal notice and the actual budget figures
Mr. Blaylock stated he felt that it was appropriate to continue
the hearing, because there would be no vote until seven days
after the the legal notice had been published.
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5/22/84
Those citizens speaking in opposition of the proposed
budget were Mr. Stan Reas, 6206 South Roselawn Road, Salem; Mr.
Bob Anderson, 6010 ponderosa Circle, S. W, Roanoke; and Mr. John
G. Hull, Rt. 1, Box 50, Salem.
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No action was taken on the budget at this time.
IN RE:
RECESS
Chairman Nickens called for a recess at 8:45 p.m.
IN RE:
RECONVENMENT
The meeting reconvened at 9:05.
IN RE:
REPORTS OF OFFICERS, DEPARTMENTS AND COMMITTEES
Personnel - Chairman Nickens announced that the Health
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Insurance Study Committee recommendations on Group Health
Insurance will be held over until the June 12th meeting.
Department of Public Facilities - Gary Huff requested
a Fireworks Permit for the Department of Parks & Recreation for
June 8, 1984 at William Byrd High School. Supervisor Brittle
moved for approval of the Fireworks Permit. The motion carried
by unanimous voice vote.
Department of Finance - No Report
Department of Development - Rob Stalzer reported on
the Section 8 Existing Housing Rental Assistance Program and the
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benefits to be derived from participation in the program. This
program provides rental assistance to people in existing
structures. It is federally funded and administered through
state agencies. Mr. Stalzer said it could enhance Roanoke
County's chances of obtaining Community Development Block Grant
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601
,
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funds. Supervisor Minter requested that Betty Lucas, Director of
Social Services be notified, so that she can do research on the
implications of the program. Supervisor Minter moved that the
staff study this further and bring back a resolution to the next
meeting. The motion carried by unanimous voice vote.
County Attorney - No Report
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County Administrator - Donald Flanders reported he had
received notification of ten changes in the social security
legislation impacting directly on the budgetary process and
potential operation of the Social Services Department.
The staff has identified about half a million dollars
in Capital Improvement Projects and is scheduling the
updating and upgrading of those facilities, using the services of
VVKR. This does not include improvement to school buildings.
Chairman Nickens suggested that the total Capital Improvement
needs be reviewed and prioritized, and a message sent to the
School Board at that time.
The Valley 911 Committee has set up a target date of
March 1, 1987 for valley consummation of the program. C&P will
need an update of each street adddress and index of streets which
will take considerable time.
Mr. Flanders announced that N&W has donated 90
cross ties for the Bent Mountain Solid Waste Management Center. A
luncheon is planned upon completion.
Hollins Road has been approved for industrial access
to the AMP plant.
According to Supervisor Brittle, liaison to the
Sheriff's Department, the five positions requested by the
Sheriff's Department was not approved by the state Compensation
Board. Supervisor Brittle reported that Sheriff Foster has
submitted an appeal to the Compensation Board.
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5/22/84
The Management Program for Servicing and Control of
I County Vehicles is now complete. This will allow better control
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of the vehicles by the management staff.
IN RE:
APPOINTMENTS
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Fifth Planninq District Commission - Supervisor Burton
moved that Steven McGraw be appointed, as elected representative
for a two year term, beginning July 1, 1984. The motion carried
by a unanimous voice vote.
Supervisor McGraw moved that Wayland Winstead from the
Catawba Magisterial District be appointed for a two year term,
beginning July 1, 1984. The motion carried by a unanimous voice
vote.
Water Impoundment Safety Technical Advisory Committee
- Supervisor Brittle moved the reappointment of the following
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people for a one year term, and the motion carried by a unanimous
voice vote.
TERM
TERM EXPIRES
-
John Hubbard, Superintendent
Department of Public Facilities
Roanoke County Admin. Center
3738 Brambleton Avenue, SW
1 year
6/85
R. Eugene Robertson, Director
Engineering & Records Division
Roanoke County Admin. Center
1 year
6/85
Joe C. Plunk, Manager
Hydro Generation for APCo
P. O. Box 2021, Roanoke 24022
1 year
6/85
Hugh M. Gildea
State Water Control Board
Bureau of Water Control Management
P. O. Box 11143
Richmond, VA 23230
1 year
6/85
D. Mike McLeod (Alternate)
State Water Control Board
West Central Regional Office
P. O. Box 7017, Roanoke
1 year
6/85
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Richard L. Williams
4919 Colonial Ave. S.W.
Roanoke, Va. 24018
Home: 5350 Roselawn Rd., SW.
1 year
6/85
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603
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IN RE: EXECUTIVE SESSION
Supervisor Brittle moved to go into executive session
pursuant to Section 2.1-344 (a) (1) (2) and (6) of the Code of
Virginia, and the motion carried by a unanimous voice vote.
IN RE: ADJOURNMENT
Supervisor Minter moved to return to open session at 1:35
a.m., and the motion carried by a unanimous voice vote.
Supervisor McGraw moved to adjourn at 1:36 a.m., and the motion
carried by a unanimous voice vote.
Chairman
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