11/13/1984 - Regular
November 13, 1984
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, SW
Roanoke, Virginia 24015
November 13, 1984
The Roanoke County Board of Supervisors of Roanoke
County, Virginia, met this day at the Roanoke County
Administration Center, this being the first Tuesday, and the
first regularly scheduled meeting of the month of November, 1984.
IN RE:
CALL TO ORDER
Chairman Nickens called the meeting to order at 4:10
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p.m. The roll call was taken.
MEMBERS PRESENT:
Chairman Harry C. Nickens; Vice-Chairman
Athena E. Burton, Supervisors Steven A.
McGraw, Gary J. Minter, and Alan H. Brittle
MEMBERS ABSENT:
None
IN RE:
EXECUTIVE SESSION
Supervisor Minter moved to go into Executive Session
pursuant to Virginia Code Section 2.1-334 (a) (1), (2), (4), and
(6). The motion carried by a unanimous voice vote.
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IN RE:
OPEN SESSION
Supervisor Minter moved to return to Open Session at
5:33 p.m. The motion carried by a unanimous voice vote.
Work Session - Report Regarding SPCA to Provide
Facilities to Serve All Governmental Units in the Roanoke Valley
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November 13, 1984
- Mr. Bill Davis-Deck, President of the Board of Directors for
the Society for the Prevention of Cruelty of Animals was present
to present the plans to the Board for the development of the new
facility to be shared by all the area governments. The new
facility is to be located in northwest Roanoke. The development
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is to include a nature park, a bird sanctuary, a center for the
Human Companion Animal Bond which will house the Roanoke County
Animal Control offices, the City of Salem Animal Control offices,
Roanoke City Animal Control offices, Craig County Animal Control
offices, Botetourt Animal Control offices, Animal Facilitated
Therapy, and the Roanoke Valley Society for the Prevention of
Cruelty to Animals. The SPCA is requesting Roanoke County to pay
a share of the construction and operation of this venture as are
the other local governments. Roanoke County's share would be
32.996 percent of two-thirds of the cost. The total cost will bE
1.2 million dollars making Roanoke County's share $263,968 of thE
actual building; operating costs for Roanoke County's portion
will be $1,260 to be paid monthly to the Roanoke Valley SPCA.
Supervisor Burton requested that staff investigate and report
back to the Board on legal implications, investment security, anc
the eventual return to the County should the SPCA cease to exist
at a later date. Mr. Davis-Deck reported to Supervisor Burton
that should the SPCA cease to exist or cease to carry out its
intended purpose, the property would revert back at the same
percentage basis to the individual localities.
Steven Bryant, attorney from Richmond, Virginia, was
present on behalf of the Virginia veterinary Medical Association
as well as the Roanoke Area Veterinary Medical Association. The
main concern of these organizations is that the SPCA might be
engaging in the practice of veterinary medicine in conjunction
with the shelter. Mr. Davis-Deck reported that the Code of
Virginia would prohibit any practice of medicine by the
organization. Chairman Nickens suggested that Mr. Bryant get
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November 13. 1984
together with Mr. Davis-Deck or his counsel to work out
restrictive language in the draft contract.
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Mr. Jack Lewis, Executive Secretary of the Virginia
Veterinary Medical Association, appeared before the Board
stating once again that the Association is more concerned with
the fact that the SPCA facility might practice veterinary
medicine.
Maggie Robertson, Executive Director of the Roanoke
Valley SPCA, appeared to stress the fact that the SPCA does not
and has no intention of practicing veterinary medicine.
Supervisor Minter and Supervisor Burton announced their
support in the SPCA concept.
Chairman Nickens requested that a contract be brought
back to the Board with appropriate wording and safeguards.
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Chairman Nickens also announced his support of the concept but
expressed that the Board will not take official action until the
contract is presented.
Work Session - Proposed rescheduling of Hours at the
Roanoke County Libraries - Mr. George Garretson, Director of the
Roanoke County Library System, reported that he did not think
increased hours of operation would be feasible for the branch
libraries because he felt they would not get enough business but
that the Main Library would. The proposed hours would be until 7
p.m. on Fridays and 1 to 5 p.m. on Sundays (Main Headquarters
only). The Sunday hours would be in effect only through the
school year. Mr. Garretson requested the addition of two people
to his staff to cover the new hours. The Board requested a more
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in depth study from Mr. Garretson.
Work Session - Telephone System at Roanoke County
Administration Center - John Chambliss, Superintendent of Fiscal
Management, introduced Mr. Don Reed and Mr. Maynard Richardson of
C & P Telephone Company, and Mr. Red Cable, Director of
Communications Division. Mr. Chambliss reported that they had
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studied the cost benefit of converting the County Administration I
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Office telephone system from PBX to Centrex.
Mr. Chambliss and
his staff recommend alternative 1 proposed by C & P to tie our
present telephone system to the Centrex system which is currently I
used at the Salem central office. They also recommend that the I
County be authorized to enter into a contract for Centrex 3 i
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service for the Salem exchange which will create a $1,200 monthly
savings. Mr. Chambliss also suggested that a study for the
individual terminal equipment be made to eliminate the present
leasing of the telephones from AT & T. The current PBX equipment
could be partially utilized but Mr. Chambliss and his staff feel
that it would be better for the County to look at bids for the
equipment and disposing of it as surplus property. There are
also approximately 30 other circuits within the Cave Spring
Service area which could be tied into the Centrex System, saving
the County approximately $800 per month. Supervisor Burton moved
to convert the telephone system in the Roanoke County offices
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located in Salem from Centrex 2 to Centrex 3 (Option 2) and
proposed that the County delay any other conversion until more
detailed information is provided to the Board including a
realistic return the County might receive on its existing
equipment sale. The motion carried by a unanimous voice vote.
Supervisor Brittle moved for authorization of the County
Administrator to execute the necessary documents. The motion
carried by a unanimous roll vote.
Work Session - Update on Comprehensive Plan - Rob
Stalzer, Director of Planning, presented the Board of Supervisors
with a worksheet to fill out regarding their feelings on the
appropriate use of certain land areas in the County. The results
will be considered in the presentation of the overall Land Use
Policy.
IN RE:
RECESS
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Chairman Nickens called for a dinner recess at 6:40
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p.m.
IN RE:
CALL TO ORDER
Chairman Nickens called the regular meeting to order at
7:22 p.m. The roll call was taken.
MEMBERS PRESENT:
Chairman Harry C. Nickens; Vice Chairman
Athena E. Burton, Supervisors Steven A.
McGraw, Gary J. Minter, and Alan H. Brittle
MEMBERS ABSENT:
None.
IN RE:
OPENING CEREMONIES
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The invocation was given by the Reverend Leonard S.
Becker of Lawrence Memorial united Methodist Church. The Pledge
of Allegiance was recited by all present.
IN RE:
REPORTS OF CONSTITUTIONAL OFFICERS
No Report.
IN RE:
REPORTS OF OFFICERS, DEPARTMENTS, AND COMMITTEES
1. Industrial Development Authority - To be carried
over.
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2. County Attorney - No Report.
3. Public Facilities - John Hubbard, Superintendent of
Public Facilities reported on the petition of the citizens of
Nell Circle and Beaumont Road in the Hollins Magisterial District
Mr. Hubbard suggested that he, the Highway Department, and
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November 13, 1984
Supervisor Minter meet with the citizens of this area. Mr.
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Hubbard and his staff feel that no major repairs are required.
Mr. Hubbard also reported on a citizen petition
requesting paving and straightening of Route 614 in the Cave
Spring Magisterial District. Mr. Hubbard's staff reviewed the
petition and feel that paving is not required. The Highway
regulations. Mr. Hubbard suggested a meeting with Supervisor
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Department feels that the road is safe and meets all traffic
Brittle and the citizens in that area.
Mr. Hubbard gave an update report on the hydrant
program in Farmingdale South in the Windsor Hills Magisterial
District. He reported that he has received a letter from those
citizens that they would participate up to 50 percent of the cost
of installing the fire hydrants. Mr. Hubbard's staff recommends
installation of three fire hydrants to be installed in the spring
the fire hydrants in Farmingdale South on a 50/50 basis with the
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of 1985. Supervisor Burton moved to approve the installation of
citizens.
Resolution Number 84-235
On IOOtion made by Supervisor Burton, the General Appropriation Resolution
of Roanoke County, Virginia, adopted June 14, 1983 be, and is the same hereby
arœnded as follows to becane effective
DESCRIPTION
ACCOUNI' NUMBER
INCREASE
(DECREASE)
Class:
Fund:
Object:
Expenditures
Capital
Fire Hydrants
Class:
Fund:
Object:
Revenues
Capital
Transfer fran General Fund
l6-6-60183-00000 $ 4,500
03-6-09316-90016 4,500
03-6-99999-99999 (4,500) I
l6-5-51030-00000 4,500
Fund:
Object:
General
Transfer to Capital Fund
Unappropriated Balance
To allocate money for fire hydrants.
Adopted by the following recorded vote.
AYES: Supervisors McGraw, Minter, Burton
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NAYS: Supervisors Brittle and Nickens
Supervisor Minter amended the previous motion to have
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the staff report back to the Board with a study to develop a
policy on fire hydrants. The motion carried by a 3/2 vote as
follows:
AYES: Supervisors McGraw, Minter, and Burton
NAYS: Supervisors Brittle, Nickens
4. Department of Development - Timothy Gubala,
Superintendent of the Department of Development, introduced Mr.
Truitt Powell of Seaboard Foods. Mr. Powell commended Roanoke
County on their ambition for progress and stated he was pleased
that Seaboard Foods is expanding its operations in the County.
5. Department of Fiscal Management - John Chambliss,
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Superintendent of Fiscal Management, reported on the water and
sewer rates for the 1985 calendar year. Mr. Chambliss and his
staff reviewed the rates being charged to Roanoke County by
Roanoke City and Salem and propose that the County will not have
to raise its rates for the calendar year 1985. The rates will be
as follows: water - $4.55 per equivalent unit per month plus a
charge of 88 cents per thousand gallons; sewer - $3.99 per
equivalent unit per month plus 76 cents per thousand gallons.
Mr. Chambliss requested that the approval of the
Procurement policy listed as Item E5b be held over for a future
work session. Mr. Chambliss also requested that Item E5c be held
over until the remainder of the information is received by the
County.
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6. Department of Personnel - No Report.
7. County Administrator - Donald R. Flanders, County
Administrator requested the Board to rescind Resolution 84-l76.A
concerning the telephone system at the Roanoke County Courthouse.
Supervisor Burton moved to rescind Resolution 84-l76.A. The
motion carried by a unanimous voice vote.
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November 13, 1984
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additional Board Meeting on Thursday, November 15, 1984, at 3:00 I
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Mr. Flanders also requested the scheduling of an
p.m. to cover agenda items that will not be considered at this
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Board Meeting due to a lack of time and to consider Courthouse
furnishings and an Executive Session.
Mr. Flanders also reported that he has met with the
citizens concerning the study on Route 22l-Ranchcrest
intersection.
Fred Altizer of the Virginia Department of
Highways and Transportation will be sending correspondence
informing the County as to what his department will be able to do
Supervisor Brittle also reported that Mr. Bowling has contacted
him to schedule another meeting.
IN RE:
CONSENT AGENDA
Supervisor Minter requested that Item 3 be deleted from
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the Consent Agenda. Supervisor Burton requested that Item 24 be
deleted from the Consent Agenda. County Attorney, Paul Mahoney,
requested that Item 25 be removed for discussion in Executive
Session.
RESOLUTION NO. 84-188 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS
AGENDA FOR THIS DATE DESIGNATED AS ITEM F - CONSENT
AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That that certain section of the agenda of the
Board of Supervisors for November 13, 1984, designated as Item F
- Consent Agenda be, and hereby is, approved and concurred in as
to each item separately set forth in said section designated
Items 1 through 33, inclusive, as follows:
1. Letter from Mark G. Becker, Clean Valley
Committee, dated October 12, 1984 , describing
changes in policies and focus.
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2.
Memorandum from Gary A. Huff dated October 12,
1984 presenting a summary of Section 504 of the
Rehabilitation Acts of 1973.
3.
Memorandum from Donald R. Flanders, dated October
15, 1984, outlining staff accomplishments on the
Sun Valley flood.
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November 13. 1984
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Letter dated October 9, 1984 from Fred Altizer,
Jr., Resident Engineer, Department of Highways
and Transportation enclosing copies of Roanoke
County Construction Budget for 1984-85.
Letter dated October 16, 1984 from Donald R.
Flanders to Howard E. Musser, Chairman of the
Cablevision Committee pertaining to new rates.
6. Letter dated October 5, 1984 from the Office of
the Secretary of the Treasury pertaining to
Revenue Sharing payments.
7. Memorandum dated October 11, 1984 from the
Virginia Marine Resources Commission pertaining
to archaeological survey report on VMRC 84-0404.
8. Letter from Karen Wenke, Administrative Assistant
County of Alleghany, requesting support for the
second portion of construction of U. S. 220
between the north end of Iron Gate and Interstate
64.
9. Letter dated October 25, 1984 from Jan Robertson,
Department of Conservation and Economic
Development, announcing that that Clean Valley
Committee had earned the 1984 Award of Merit.
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10. Letter dated October 24, 1984 from Ronald M.
Martin, Martin & Associates pertaining to Donald
R. witt's appointment to the Planning Commission.
12.
13.
14.
15.
16.
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18.
19.
Minutes of the Roanoke County Planning Commission
on October 16, 1984.
Letter dated October 26, 1984 from D. E. Keith,
Department of Highways and Transportation
pertaining to Revenue Sharing funds for
improvements to Secondary System.
Accounts paid for:
(a) September 1984
(b) October 1984
Financial Statements for the period ending
September 30, 1984.
Bid Reports for the following:
a. Truck
b. Rejection of Ambulance bids.
c. Materials to be used by utilities Division
of the Department of Public Facilities.
d. Printer for Data Processing Equipment.
- Resolution.
Release of title to automobile to Liberty Mutual
Insurance Company - Sheriff's Department.
- Resolution.
Request for a Bingo Permit from The vinton Moose
Lodge 1121. $25.00 fee was paid.
Letter from B. L. Fuqua, Chairman of Fire Chief's
Board to Dr. Nickens dated 27 October, 1984,
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November 13, 1984
20.
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Acceptance of water line deed on Terry Walters II
property in the Cave Spring Magisterial District. Ii
- Resolution i
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regarding standards of training for fire
personnel.
Report on appointment of Bonding Committee.
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21.
22.
Water and sewer participation agreement in
Creek Subdivision located in the Hollins
Magisterial District.
- Resolution
23.
Acceptance of deeds to water and sewer lines in
Fairway Forest Subdivision, Section 4, in the
Windsor Hills Magisterial District.
- Resolution.
24. a±5eftafge-~efffii~-fef-Seö~ft-Pafk-eife~e-5ewef
~i8e-i8-~fte-Wiftð5ef-Hi~~5-Magi5~efia~-ai5~fie~.-
Rese~öt:ieft.
25. Re~ef~-e8-aö~ftefi~a~ieft-e€-eeftðeffifta~ieft
~feeeeðiftgs-€ef-We5t:-eeöftt:y-ResefVeif-ift-t:fte
ea~awea-Ma~is~efia~-ais~fiet:.
26. Report of policy and procedures for vacating
streets and easements.
27. Report on recommendation for the creation of the
position of Project Coordinator for for the
Department of Public Facilities.
- Resolution.
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28. Letter dated October 30, 1984 from O. Gene
Dishner, Department of Housing and Community
Development pertaining to Virginia Community
Development Block Grant funds.
29. Letter dated November I, 1984 from B. W. Sumpter, I
Department of Highways and Transportation i
allocating funds for Industrial Access for I
Seaboard Foods, Inc. ¡
30. Acceptance of deed for water and sewer lines
installed in Willow Creek, Section 6 in the
Catawba Magisterial District.
- Resolution.
31. Submission of subdivision streets for acceptance
as part of the Secondary Highway System:
Toddsbury Drive and Toddsbury Circle in the
vinton Magisterial District.
- Order.
32. Submission of subdivision streets for acceptance
as part of the Secondary Highway System: penquin
Drive and Kenwick Trail in the Cave Spring
Magisterial District.
- Order.
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33. Water participation agreement for Cave Spring
Office Park located in the Windsor Hills
Magisterial District.
- Resolution.
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November 13, 1984
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2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
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items the separate vote tabulation for any such item pursuant to
this resolution.
Supervisor McGraw moved to approve consent agenda with the
deletion of Items 3, 24, and 25.
AYES: Supervisors McGraw, Minter, Brittle, Burton, and Nickens
NAYS: None
On motion of Supervisor Burton and the following recorded vote
deleted Item 3 of the consent agenda was placed back on the
agenda. The motion was carried by a unanimous voice vote.
RESOLUTION 84-l88.A SUPPORTING THE ALLEGHANY COUNTY
BOARD OF SUPERVISORS' REQUEST TO THE VIRGINIA
DEPARTMENT OF HIGHWAYS AND TRANSPORTATION REGARDING
CONSTRUCTION OF A SEGMENT OF U. S. 220
WHEREAS, the Board of Supervisors of Alleghany County
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on October 16, 1984, adopted a resolution concerning certain
important highway construction on U. S. Route 220; and
WHEREAS, the Board of Supervisors of Alleghany County
has requested the support and assistance of the Board of
Supervisors of Roanoke County in accomplishing this objective;
and
WHEREAS, the Virginia Department of Highways and
Transportation is constructing a segment of U. S. 220 between the
north end of Iron Gate and Interstate 64; and
WHEREAS, the second portion of the construction work to
be done on said segment of highway has not been advertised for
bids; and
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WHEREAS, it is important both from an economic and
safety standpoint to complete said segment of highway at the
earliest possible time because of the increased economic activity
occasioned by the Westvaco expansion and the unsafe condition of
the bridge on existing U. S. 220 south of Clifton Forge.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County supports the action of the
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November 13. 1984
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Alleghany County Board of Supervisors requesting that the '
Virginia Department of Highways and Transportation proceed with Ii
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all deliberate speed to accelerate both the letting of the Ii
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contract for the second portion of said construction on the Ii
aforementioned segment of U. S. 220 and the completion of all II
construction work with regard to said project so that traffic ma~
flow safely and economically. I
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FURTHER RESOLVED that the Clerk forthwith forward a I
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certified copies of this resolution to the Virginia Department 0
Highways and Transportation and to the Board of Supervisors of
Alleghany County.
On motion of Supervisor McGraw and the following recorded vote:
AYES: Supervisors McGraw, Minter, Brittle, Burton, and Nickens.
NAYS: None
RESOLUTION 84-188.B 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. Purchase of one pick-up truck to be placed in
service with the Utility Operations and Maintenance
Division from Dominion Dodge, Ltd. for a price not tc
exceed $8,498.30.
b. Rejection of Bid No. RC84-48 for one four-wheel
drive modular-type ambulance to be used at the Vintor
Rescue Squad.
c. Purchase contracts for various parts and supplie~
to replenish the on-hand inventory of the Utility
Operations and Maintenance Division as follows:
From Water Works Supply Corp. in an amount not tc
exceed $6,772.21;
From CMC Well and Pump Supply Company in an
amount not to exceed $5,271.68.
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d. Sole source purchase of one printer to be used at
the County's Data Processing Center from Hewlett
Packard in the amount of $17,940.00.
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November 13, 1984
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2. That the County Administrator is hereby authorized
and directed to execute the necessary documents on behalf of
Roanoke County upon a form approved by the County Attorney; and
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3. That all other bids are hereby rejected and the
Clerk is directed to so notify such bidders and express the
County's appreciation for the submission of their bids.
On motion of Supervisor McGraw and the following recorded vote:
AYES: Supervisors McGraw, Minter, Brittle, Burton, and Nickens.
NAYS: None
RESOLUTION 84-l88.C RELEASING TITLE TO AN AUTOMOBILE OF
THE SHERIFF'S DEPARTMENT TO THE LIBERTY MUTUAL
INSURANCE COMPANY
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That title to County Automobile No. A80-l03
Vehicle ID#JL42LAA154255 previously assigned to the Sheriff's
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Department be released to the Liberty Mutual Insurance Company;
and
2. That the County Administrator is hereby directed to
execute the necessary documents to accomplish this release of
title.
On motion of Supervisor McGraw and the following recorded vote:
AYES: Supervisors McGraw, Minter, Brittle, Burton, and Nickens
NAYS: None
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RESOLUTION 84-l88.D ACCEPTING THE
DONATION OF WATER LINE INSTALLED TO SERVE
THE TERRY WALTERS PROPERTY AND
AUTHORIZING THE COUNTY ADMINISTRATOR TO
DULY AUTHENTICATE SUCH ACCEPTANCE AS MADE
AND PROVIDED BY LAW
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
I. That the offer of Terry Walters to donate the water
line installed to serve his property in Roanoke County as shown
on plans by Gifford o. Vernon, A.I.A., dated August 14, 1980,
which plans are on file in the Engineering Division of the Public
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Facilities Department, to the Board of Supervisors of Roanoke
County be, and hereby is, accepted; and
2. That upon receipt of a duly executed deed upon a
form approved by the County Attorney, from Terry Walters
conveying the hereinabove mentioned water line to the Board of
Supervisors, the County Administrator is hereby authorized to
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November 13, 1984
RESOLUTION 84-l88.E AUTHORIZING THE
COUNTY OF ROANOKE TO ENTER INTO A
PARTICIPATION CONTRACT WITH D & J
DEVELOPERS FOR THE INSTALLATION OF A
WATER AND SEWER LINE FOR MEADOWCREEK
SUBDIVISION, SECTION 1
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authenticate the acceptance thereof, as made and provided by
Section 15.1-286 of the 1950 Code of Virginia, as amended.
On motion of Supervisor McGraw and the following recorded vote:
AYES: Supervisor McGraw, Minter, Brittle, Burton, and Nickens.
NAYS: None.
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the County of Roanoke is hereby authorized and
directed to enter into a participation contract with D & J
Developers, a Virginia General Partnership, the developers of
Meadowcreek Subdivision, Section 1, providing for the
installation of 1350 feet of 8-inch water line and 1732 feet of
IS-inch sewer line; and further that the County will participate
in the project only to the extent of paying the difference in
pipe costs actually expended by D & J Developers betwen the
required 6-inch water line and the proposed 8-inch water line and
the required 8-inch sewer line and the proposed IS-inch sewer
line; and
2. That the County Administrator is hereby authorized
to execute a participation contract to this effect on behalf of Ii
the Board of Supervisors of Roanoke County upon a form approved !
by the County Attorney. I
On motion of Supervisor McGraw and the following recorded vote: '!
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AYES:
Supervisors McGraw, Minter, Brittle, Burton, and Nickens.
NAYS:
None.
RESOLUTION 84-188.F ACCEPTING THE DONATION OF WATER AN~
SEWER LINES INSTALLED WITH THE DEVELOPMENT OF FAIRWAY
FOREST, SECTION 4, AND AUTHORIZING THE COUNTY
ADMINISTRATOR TO DULY AUTHENTICATE SUCH ACCEPTANCE AS
MADE AND PROVIDED BY LAW
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the offer of George P. and Mary Helen F.
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Baron, developers of Fairway Forest, Section 4, to donate the
water and sewer lines installed with the development of Fairway
Forest, Section 4, in Roanoke County to the Board of Supervisors
of Roanoke County be, and hereby is, accepted; and
2. That upon receipt of a duly executed deed upon a
form approved by the County Attorney, from George P. and Mary
Helen F. Baron conveying the hereinabove mentioned water and
sewer lines to the Board of Supervisors, the County Administrator
is hereby authorized to authenticate the acceptance thereof, as
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November 13, 1984
made and provided by Section 15.1-286 of the 1950 Code of
Virginia, as amended.
On motion of Supervisor McGraw and the following recorded vote:
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AYES: Supervisors McGraw, Minter, Brittle, Burton, and Nickens.
NAYS: None
RESOLUTION 84-l88.G AMENDING RESOLUTION
NO. 84-l01 APPROVING THE CLASSIFICATION
PLAN FOR THE 1984-85 FISCAL YEAR
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Resolution No. 84-101 be amended to read and
provide as follows:
Grade 26
Code
410
Title
Engineering Project
Coordinator
2. That this amendment shall be in full force and
Dept.
Engineering
No. Emp.
1
effect from and after December 1, 1984; and
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3. That the General Appropriation Resolution of
Roanoke County, Virginia, adopted June 12, 1984, be, and same
hereby is, amended as follows to become effective December I,
1984:
DESCRIPTION
Class:
Fund:
Department:
Object:
Department:
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Fund:
Department:
Class:
Fund:
Department:
ACCOUNT NUMBER
INCREASE
(DECREASE)
Expenditures
General
Superintendent of
Public Facilities
Salaries 03-6-04000-100l0
FICA-Employers
Contribution 03-6-04000-20010
VSRS-Employers
Contribution 03-6-04000-20020
HI-Employers
Contribution 03-6-04000-20050
LI-Employers
Contribution 03-6-04000-20060
14,450
1,012
1,683
294
146
Transfer to Capital
Projects 03-6-09316-90016
Capital Projects
Building
Contingency 16-6-60180-00000
(17,585)
(17,585)
Revenues
Capital Projects
Transfer from General
Fund 16-5-51030-00000
(17,585)
On motion of Supervisor McGraw and the following recorded vote:
AYES: Supervisors McGraw, Minter, Brittle, Burton and Nickens
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November 13. 1984
NAYS: None
RESOLUTION 84-l88.H ACCEPTING THE
DONATION OF WATER AND SEWER LINES
INSTALLED WITH THE DEVELOPMENT OF WILLOW
CREEK, SECTION 6, AND AUTHORIZING THE
COUNTY ADMINISTRATOR TO DULY AUTHENTICATE
SUCH ACCEPTANCE AS MADE AND PROVIDED BY
LAW
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the offer of F & B Developer, Inc., developers
of Willow Creek, Section 6, to donate the water and sewer lines
installed with the development of willow Creek, Section 6, in
Roanoke County to the Board of Supervisors of Roanoke County be,
and hereby is, accepted; and
2. That upon receipt of a duly executed deed upon a
form approved by the County Attorney, from F & B Developer, Inc.
conveying the hereinabove mentioned water and sewer lines to the
Board of Supervisors, the County Administrator is hereby
authorized to authenticate the acceptance thereof, as made and
provided by Section 15.1-286 of the 1950 Code of Virginia, as
amended.
On motion of Supervisor McGraw and the following recorded vote:
AYES: Supervisors McGraw, Minter, Brittle, Burton, and Nickens
NAYS: None.
RESOLUTION 84-188.1 AUTHORIZING THE
COUNTY OF ROANOKE TO ENTER INTO A
PARTICIPATION CONTRACT WITH THE
DEVELOPERS OF THE CAVE SPRING OFFICE PARK
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the County of Roanoke is hereby authorized and
directed to enter into a participation contract with the
developers of the Cave Spring Office Park, providing for the
installation of 470 feet of l2-inch water; and further that the
County will participate in the project only to the extent of
paying the difference in pipe costs actually expended by the
developers between the required 6-inch water line and the
proposed l2-inch water line; and
2. That the County Administrator is hereby authorized
and directed to execute a participation contract to this effect
on behalf of the Board of Supervisors of Roanoke County upon a
form approved by the County Attorney.
On motion of Supervisor McGraw and the following recorded vote:
AYES: Supervisors McGraw, Minter, Brittle, Burton, and Nickens
NAYS: None
Supervisor Minter asked about the status of the clean
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November 13, 1984
up regarding the Sun Valley Flood area as described in Item 3 of
the Consent Agenda. Donald R. Flanders, County Administrator,
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reported that he had met with the Army Corps of Engineers and is
anticipating a letter with their response. Supervisor Minter
asked Paul Mahoney, County Attorney, to obtain names of property
owners along the creek.
Supervisor Burton moved that the County Administrator
be authorized to apply for the discharge permit as described in
Item 24 of the Consent Agenda as alternative 1 and for the
acceptance of Item 3 to the consent agenda. The motion carried
by a unanimous voice vote.
IN RE:
CITIZENS COMMENTS AND COMMUNICATIONS
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Donald Gillespie, Chief of Cave Spring Fire Station 3,
presented a check to Roanoke County for $10,000 being the third
payment on the tanker. Mr. Gillespie also expressed his
station's appreciation to the Board of Supervisors, Mr. Flanders
and his staff for the improvements of fire safety in the past
year.
Supervisor McGraw introduced the citizens from the
Catawba area who were present to support the renovation of the
Catawba School to be used as a recreation facility. The citizens
have previously submitted a list of uses for the school and a
report has been received from Gary Huff, Department of Public
Facilities, stating that only the downstairs area will have to be
set up for handicapped facilities. Harold Wingate, a citizen of
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that area, has agreed to have the roof repaired at his expense.
A report has also been received from George Garretson, Director
of the Roanoke County Library System, that the library facilities
will be greatly improved if this building is renovated.
Supervisor McGraw requested Mr. Hubbard, Department of Public
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November 13, 1984
Facilities, to prepare a report on the revised cost estimates
since these new developments.
IN RE:
PUBLIC HEARINGS
petition of Ronald S. Thompson
Jr. requesting rezoning from B-I
to B-2 of a tract containing
approximately 0.51 acres and located
on the North side of Virginia Route
419 west of its intersection with
Bernard Lane in the Cave Spring
Magisterial District.
APPROVED
Michael K. Smeltzer appeared on behalf of Ronald S.
Thompson. Mr. Thompson requests this rezoning to enable him to
construct a building which will contain both office and retail
space. Mr. Thompson has received permission from the Virginia
Department of Highways and Transportation to extend the present
deceleration lane to provide access to the property. There was
no one present in opposition. Supervisor Brittle moved for
approval of the petition.
NOW, THEREFORE, BE IT RESOLVED and ORDERED that at this
meeting of the Board of Supervisors of Roanoke County, Virginia,
held on the 13th day of November, 1984, the said County Zoning
Ordinance be, and the same is hereby amended so as to reclassify
the property described in said Petition and being described in
Exhibit "A" attached hereto be reclassified from Business
District B-1 to Business District B-2, in order that said
property might be more fully and reasonably used, the said
property being located in the County of Roanoke, State of
Virginia.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk of
this Board shall forthwith certify a copy of this Resolution and
Order to the Secretary of the Planning Commission of Roanoke
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County, Virginia, and a copy to Hazlegrove, Dickinson, Rea,
Smeltzer & Brown, attorneys for the petitioner.
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EXHIBIT A
PROPERTY TO BE RECLASSIFIED AS BUSINESS DISTRICT
B-2, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at a point on the northerly side of
Virginia Primary Route 419, said point being
the southwesterly corner of an adjoining 0.41
acre tract owned by RST, a Virginia partnership;
thence continuing with the northerly side of
Route 419, N 790 04' 20" W 110 feet to a point;
thence with a new line, N 70 19' 50" W 213.08
feet to a point on the line of property of Windy
Hill Key Apartments; thence with said apartment
property, S 770 04' 04" E 111.35 feet to a point
corner to the above mentioned 0.41 acre tract;
thence with the line of the 0.41 acre tract,
S. 70 19' 50" E. 208.98 feet to a point on the
northerly side of Route 419, the place of
BEGINNING.
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The foregoing resolution was adopted on motion of
Supervisor Brittle and on the following recorded vote:
AYES: Supervisors McGraw, Minter, Brittle, Burton, and Nickens.
NAYS: None.
Petition of Wayne W. Wise and
Renta Corporation requesting
rezoning from B-l/B-2 to M-I of
a tract containing 1.65 acres
located on the east side of
Brambleton Avenue north of its
intersection with Route 1663 and
located in the Cave Spring
Magisterial District.
PETITIONER REQUEST TO TAKE BACK TO PLANNING COMMISSION
Ed Natt was present representing Mr. Wise. Mr. Wise
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needs this property rezoned to build a car care center and a
mini-warehouse. There was no opposition present. The petitioner
asked that no action be taken to allow him to take this rezoning
back to the Planning Commission.
Petition of Jamie D. Cox and
AFCO Investment Corporation for
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November 13, 1984
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the rezoning from A-I to B-1 of two
parcels of land containing 27,000
sq. feet, located on Lot 3, Section
1 of the Resubdivision of Beulah
Heights and Lot 4, Section 1, of the
Resubdivision of Beulah Heights
in the Cave Spring Magisterial
District.
APPROVED
Ed Natt was present representing Mr. Jamie Cox. There
was no opposition present. Supervisor Brittle moved for approval
of the petition.
NOW, THEREFORE BE IT ORDERED that the aforementioned
tracts of land, more particularly described below, be rezoned
from Agricultural District A-I to Office and Residential District
B-1:
Lot 3, Section 1, of the Resubdivision
of Beulah Heights, and Lot 4, Section 1,
of the Resubdivision of Beulah Heights
(Tax Map Nos. 77.19-l-21 and 77.19-l-22).
BE IT FURTHER ORDERED that a copy of this order be
transmitted to the County Planner and that he be and hereby is
directed to reflect that change on the official zoning maps of
the County.
ADOPTED on motion of Supervisor Brittle and upon the
following recorded votes:
AYES: Supervisors McGraw, Minter, Brittle, Burton, and Nickens
NAYS: None
Petition of patricia Graves for the
vacation of a portion of John Robertson
Road as shown on Plat of Survey No. 2
of Mason Village in the Catawba
Magisterial District. Planning
Commission recommends denial. Held
over from October 9, 1984.
DENIED
Ed Natt was present on behalf of patricia Graves. The
two parties have met since the October 9, 1984, Board of
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Supervisors Meeting and have not been able to work out a mutual
agreement.
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Derwood Rusher was present on behalf of the Hornes.
Supervisor McGraw moved to deny the petition.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that at this
meeting of the Board of Supervisors of Roanoke County, Virginia,
held on the 13th day of November, 1984, that said portion of John
Robertson Road be permanently closed, discontinued and vacated as
described as follows:
That portion of John Robertson Road
extending 1460 feet from the inter-
section of Bradshaw Road in a
northwesterly direction, located in
the Catawba Magisterial District of
Roanoke County, as shown on Survey No.
2 of Mason Village, of record in the
Clerk's Office of the Circuit Court for
Roanoke County in Plat Book 3, Page 130.
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BE IT FURTHER ORDERED that a copy of this order be
transmitted to the County Planner and that he be and hereby is
directed to reflect that change on the official zoning maps of
the County.
DENIED on motion of Supervisor McGraw and upon the
following recorded votes:
AYES: Supervisors McGraw, Minter, Brittle, Burton, and Nickens
NAYS: None
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Petition of the Superintendent of
the Department of Development to
propose amendments to the County
Subdivision Ordinance that will
meet the requirements of Title
33.1-72.1 in the Code of Virginia
and restore County eligibility for
certain State Secondary Road Funds.
APPROVED
Timothy Gubala, Superintendent of the Department of
Development was present to answer any questions of the Board.
Mr. Gubala expressed that the adoption of these amendments would
not eliminate the possibilities of private road subdivisions.
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November 13, 1984
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ORDINANCE 84-189 AMENDING CHAPTER 17 OF
THE ROANOKE COUNTY CODE RELATING TO THE
SUBDIVISION ORDINANCE
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BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Chapter 17, Subdivisions, of the Roanoke
County Code be amended to read and provide as follows:
Sec. l7-1. Definitions.
Subdivision. The division of a lot, tract, or
parcel of land into two or more lots or other
subdivision of land, for the purpose, whether
immediate or future, of transfer of ownership, or
building development, including all changes in
street or lot lines, and including any parcel
previously separated by the then owner of such tract
for such purpose subsequent to the adoption of these
regulations provided, that the division of land in
parcels of one acre or more, ~fta~-ðees-8e~-iftve~ve
a8y-ftew-~öe~ie-s~~ee~-ef-easeffie8e-e€-aeeess-e€
feað all of which abut on an existing publicly-
maintained street, shall not be considered a
subdivision when such division does not offer an
opportunity to obstruct natural drainage or a
planned major highway or to adversely affect any
part of an adopted plan, or in any way violate the
intent of the zoning regulations of the County, and
provided further, that divisions of lands by court
order or decree shall not be deemed a subdivision as
otherwise herein àe€ifteð described.
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Sec. 17-3. Design requirements generally.
(a) The owner or proprietor of a subdivision shall
observe and comply with the following general
requirements and principals of land subdivision in
preparing the preliminary and final subdivision
plats:
* * * *
(7) All lots, controlled by these regulations,
shall front on a ~öð~ie-s~~ee~-aftà-SAa~~-8e~
e*ee8ð-eA~eö~ft-~e-afte~fte~-se~ee~~-~~eviðeðT-efta~
wfte~e-e*iseift~-s~~eet:s-ffia~e-eftis-~e~H~aeieft
iffi~~aeeiea~-t:fte-~~aftftift~-eeffiffiiss~e8-æay-waive-efte
saæe~--Ne-~ee-sfta~~-effie~aee-afty-~e~eieft-e€-a
sefeee-ef-a~~ey~ publicly maintained street except
as provided in part (b) of this section.
* * * *
(b) A variation of the requirements of this section
may be permitted if, in the opinion of the Planning
Commission, the topography or other special or
unusual conditions necessitate such variation. And
if the variation includes a private road subdivision
the following shall apply:
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(I) For private road subdivisions with lots that
front on an existing or proposed road that is
privately maintained, plats recorded for such lots
shall contain the following statement:
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"The road serving this lot is private and its
maintenance, includinq snow removal, is not a public
responsibility. It shall not be eligible for
acceptance into the State Secondary System for
maintenance until such time as it is constructed and
otherwise complies with all requirements of the
Virginia Department of Highways and Transportation
for the addition of subdivision streets current at
the time of such request. Any costs required to
cause this street to become eligible for addition to
the state system shall be provided from funds other
than those administered by the Virginia Department
of Highways and Transportation or the County of
Roanoke."
(2) An agreement, in proper form, shall be recorded
in the land records, and reflected in the chain of
title of each lot, in order to set forth that the
construction, repair, and maintenance of the roadway
connecting such lot to the public road is not the
responsibility of the County or the State and to set
forth legally binding responsibility for the parties
who are responsible for construction, repair and
maintenance, including snow removal, and all
pertinent details. The agreement shall be between
the owner of the lot, the contract purchaser, and
other parties, if pertinent to the purpose of the
agreement.
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On motion of Supervisor Burton and the following recorded vote:
AYES: Supervisors McGraw, Minter, Brittle, Burton, and Nickens.
NAYS: None
Petition of the Roanoke County
Board of Supervisors for a public
hearing on the following matters
a. Ordinance amending Ordinance No. 84-177,
imposing utility License Tax Ordinance, by
clarifying certain provision thereof.
b. Ordinance to amend Section 19-9 of the
Roanoke County Code "Special Assessment for
Agricultural, Horticultural, forest or open
space real estate", to provide for
conformity with state enabling legislation.
c.
Ordinance amending Chapter 5, Animals and
Fowl, of the Roanoke County Code as follows:
Sec. 5-3. Definitions of livestock to
include horses. Section 5-l0.1 Vicious dogs
to include dogs which kill or attack other
animals.
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d. Ordinance to amend Chapter 2, Article II of
the Roanoke County Code, Procurement
Practices, by increasing small purchases
limitation from $2,500 to $10,000.
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November 13, 1984
e.
Ordinance amending Chapter 2, Administration
of the Roanoke County Code to add a
description of the organizational structure
of County Administration, and to renumber
certain existing provisions.
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f.
Ordinance repealing Chapter 13, Personnel
Management Relations" of the Roanoke County
Code.
g. Ordinance amending various sections of
Chapter 11, Offenses Miscellaneous, to enact
new provisions concerning loitering in
public, urinating in public, soliciting
without a permit and prohibiting
unauthorized use of County Property.
h. Ordinance to amend the Roanoke County Code
by the addition of Section 10-41 (d),
concerning the License Fee for certain
antique vehicles.
i. Ordinance amending Chapter 16.1,
Solicitations, of the Roanoke County Code
pertaining to permits for non-profit
organizations.
Paul Mahoney, County Attorney, presented the ordinance
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changes. Supervisor Burton moved for approval of all the
suggested ordinance amendments excluding Item 6d to be discussed
at a later work session.
ORDINANCE 84-190 AMENDING ORDINANCE NO.
84-177 IMPOSING A UTILITY LICENSE TAX
ORDINANCE, BY CLARIFYING CERTAIN
PROVISIONS THEREOF
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Ordinance No. 84-177 imposing a utility
License Tax be amended to read and provide as follows:
ARTICLE VI. UTILITIES.
Sec. 9.1-51. Utility license tax.
(a) A franchise license tax is hereby imposed on each
telephone, telegraph, heat, light, and power company for the
privilege of doing business within the County of Roanoke at a
rate of one-half of one percentum of the gross receipts of such
business accruing to such corporation from such business in the
County of Roanoke. The business shall exclude from calculation
gross receipts earned within the corporated boundary of the Town
of Vinton, Virginia. (Code of Virginia, §§58-578 and 58-603)
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(b) Gross receipts shall be ascertained as of the 31st
day of December of each year, and the tax for the current
calendar year shall be based on receipts for the preceding
calendar year.
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November 13, 1984
(c) The tax due hereunder shall be assessed on the
first day of January of each calendar year.
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(d) The tax assessed hereunder shall be due and
payable to the Treasurer of the County on or before the first day
of June following the date on which the taxes are assessed.
(e) This ordinance shall be effective for the tax year
beginning January I, 1985, and for each tax year thereafter.
(f) Excluded from the provisions of this ordinance are
gross receipts attributable to service supplied to the
governments of the United States and Virginia, their political
subdivisions and agencies, and charges paid by the insertion of
coins into coin boxes of pay telephones.
On motion of Supervisor Burton and the following recorded vote:
AYES: Supervisors McGraw, Minter, Brittle, Burton, and Nickens.
NAYS: None
ORDINANCE 84-191 AMENDING SECTION 19-9,
SPECIAL ASSESSMENTS FOR AGRICULTURAL,
HORTICULTURAL, FOREST OR OPEN SPACE
REAL ESTATE, OF THE ROANOKE COUNTY CODE
TO PROVIDE FOR CONFORMITY WITH STATE
ENABLING LEGISLATION
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BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1.
and reenacted
Section 19-9.
That Section 19-9 of the Roanoke County be repealed
to read and provide as follows:
Special assessment for agricultural,
horticultural, forest or open space real estate.
(a) For the purposes of this section the following special
classifications of real estate are established and defined:
(1) "Real estate devoted to agricultural use" shall
mean real estate when devoted to the bona fide production for
sale of plants and animals useful to man under uniform standards
prescribed by the Commissioner of Agriculture and Consumer
Services or when devoted to and meeting the requirements and
qualifications for payments or other compensation pursuant to a
soil conservation program under an agreement with an agency of
the federal government.
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(2) "Real estate devoted to horticultural use" shall
mean real estate when devoted to the bona fide production for
sale of fruits of all kinds, including grapes, nuts, and berries;
vegetables; nursery and floral products under uniform standards
prescribed by the Commissioner of Agriculture and Consumer
Services; or when devoted to and meeting the requirements and
qualifications for payments or other compensation pursuant to a
soil conservation program under an agreement with an agency of
the federal government.
(3) "Real estate devoted to forest use" shall mean
land, when devoted to tree growth in such quantity and so spaced
and maintained as to constitute a forest area under standards
prescribed by the Director of the Department of Conservation and
Historic Resources pursuant to the authority set out in the
Virginia Code, including the standing timber and trees thereon.
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November 13, 1984
(4) "Real estate devoted to open-space use" shall
mean real estate when so used as to be provided or preserved for
park or recreational purposes, conservation of land or other
natural resources, floodways, historic or scenic purposes, or
assisting in the shaping of the character, direction, and timing
of community development, under uniform standards prescribed by
the Director of the Department of Conservation and Historic
Resources pursuant to the authority set out in the Virginia Code
and this ordinance.
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(b) Prior to the assessment of any parcel of real estate
for which a special use assessment is sought, the County Assessor
shall:
(1) Determine that the real estate meets the criteria
set forth in §19-9 (a) and the standards prescribed thereunder to
qualify for one of the classifications set forth therein, and he
may request an opinion from the Director of the Department of
Conservation and Historic Resources or the Commissioner of
Agriculture and Consumer Services; and
(2) Determine further that real estate devoted to (i)
agricultural or horticultural use consists of a minimum of five
acres, (ii) forest use consists of a minimum of twenty acres and
(iii) open-space consists of a minimum of five acres.
(c) property owners must submit an application for taxation
on the basis of a use assessment to the County Assessor at least
sixty days preceding the tax year for which such taxation is
sought. However, in any year in which a general reassessment is
being made the property owner may submit such application until
thirty days have elapsed after his notice of increase in
assessment is mailed, or sixty days preceding the tax year,
whichever is later.
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(d) An individual who is owner of an undivided interest in
a parcel may apply on behalf of himself and the other owners of
such parcel upon submitting an affidavit that such other owners
are minors or cannot be located.
(e) An application shall be submitted whenever the use or
acreage of such land previously approved changes, except when a
change in acreage occurs solely as a result of a conveyance
necessitated by governmental action or condemnation of a portion
of any land previously approved for taxation on the basis of use
assessment. Such property owner must revalidate annually with
the County Assessor any applications previously approved. A
revalidation fee is hereby imposed at a five (5) year interval,
such fee shall be in the amount of the original application fee.
Revalidation forms may be filed late on or before the effective
date of the assessment upon the payment of a late filing fee of
double the original application fee.
(f)
cents per
accompany
filed for
An application fee of ten dollars per parcel plus ten
acre or portion thereof contained in such parcel shall
each application. A separate application shall be
each parcel on the land book.
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(g) Applications shall be made on forms provided by the
state Tax Commissioner available at the office of the
County Assessor, and shall include such additional schedules,
photographs and drawings as may be required by the County
Assessor.
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(h) The County Assessor shall prepare and transmit to the
clerk a list of all applications filed and approved hereunder and
the Clerk shall index the names in a book entitled "Land Use Tax
Assessment Book" and file said application in the clerk's office.
The clerk shall be compensated at the rate of one dollar for
filing and indexing each application.
(i) Upon receipt of any application, the County Assessor
shall determine whether the subject property meets the criteria
for taxation hereunder. If the County Assessor determines that
the subject property does not meet such criteria, he shall
determine the value of such property for its qualifying use, as
well as its fair market value.
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In determining whether the subject property meets the
criteria for "agricultural use" or "horticultural use," the
County Assessor may request an opinion from the Commissioner of
Agriculture and Consumer Services; in determining whether the
subject property meets the criteria for "forest use" he may
request an opinion from the director of the department of
conservation and historic resources and in determining whether
the subject property meets the criteria for "open space use" he
may request an opinion from the Director of the Department of
Conservation and Historic Resources. Upon the refusal of the
Commissioner of Agriculture and Consumer Services or the Director
of the Department of Conservation and Historic Resources to issue
an opinion or, in the event of an unfavorable opinion which does
not comport with standards set forth by the respective director,
the party aggrieved may seek relief from any court of record
wherein the real estate in question in located. If the court
find in favor of the aggrieved party, it may issue an order which
shall serve in lieu of an opinion for the purposes of this
section.
(j) The procedure to be followed in making the valuation
determination shall be as follows:
(1) In valuing real estate for purposes of taxation
pursuant to this section, the County Assessor shall consider only
those indicia of value which such real estate has for
agricultural, horticultural, forest or open space use and real
estate taxes shall be extended upon the value so determined. In
addition to use of his personal knowledge, judgment and
experience as to the value of real estate in agricultural,
horticultural, forest or open space use, he shall, in arriving at
the value of such land, consider available evidence of
agricultural, horticultural, forest or open space capability and
the recommendations of value of such real estate as made by the
State Land Evaluation Advisory Committee.
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(2) In determining the total area of real estate
actively devoted to agricultural, horticultural, forest or open
space use there shall be included the area of all real estate
under barns, sheds, silos, cribs, greenhouses, public recreation
facilities and like structures, lakes, dams, ponds, streams,
irrigation ditches and like facilities; but real estate under and
such additional real estate as may be actually used in connection
with the farmhouse or home or any other structure not related to
such special use shall be excluded in determining such total
area.
(3) All structures which are located on real estate
in agricultural, horticultural, forest or open space use and the
farmhouse or home or any other structure not related to such
special use and the real estate on which the farmhouse or home or
such other structure is located, together with the additional
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November 13, 1984
real estate used in connection therewith, shall be valued,
assessed and taxed by the same standards, methods and procedures
as other taxable structures and other real estate in the County.
(4) In addition, such real estate in agricultural,
horticultural, forest or open space use shall be evaluated on the
basis of fair market value as applied to other real estate in the
County, and land book records shall be maintained to show both
the use value and the fair market value of such real estate.
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(k) If on June one of any year the taxes for any prior year
on any parcel of real property which has a special assessment as
provided for in this section are delinquent, the County Treasurer
shall forthwith send notice of that fact and the general
provisions of this section to the property owner by first class
mail. If after sendinq such notice, such delinquent taxes remain
unpaid on November one, the Treasurer shall notify the
County Assessor who shall remove such parcel from the land use
program.
(1) In the event of a material misstatement of facts, other
than a clerical error, in the application or a material change in
such facts prior to the date of assessment, such application for
taxation based on use assessment granted thereunder shall be
void. The tax for such year shall be assessed on the basis of
fair market value as applied to other real estate in the taxing
jurisdiction.
(m) When real estate qualifies for assessment and taxation
on the basis of use under this section, and the use by which it
qualified changes to a nonqualifying use, it shall be subject to
additional taxes, hereinafter referred to as roll-back taxes, in
an amount equal to the amount, if any, by which the taxes paid or
payable on the basis of the valuation, assessment and taxation
under such ordinance were exceeded by the taxes that would have
been paid or payable on the basis of the valuation, assessment or
taxation of other real estate in the taxing locality in the year
of the change and in each of the five years immediately preceding
the year of the change, plus simple interest on such roll-back
taxes at a rate of ten percent per annum. Such additional taxes
shall only be assessed against that portion of such real estate
which no longer qualifies for assessment and taxation on the
basis of use. If in the tax year in which the change of use
occurs, the real estate was not valued, assessed and taxed under
this ordinance, the real estate or portion thereof shall be
subject to roll-back taxes for such of the five years immediately
preceding in which the real estate was valued, assessed and taxed
under this section.
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(I) In determining roll-back taxes chargeable on real
estate which has changed in use, the Treasurer shall extend the
real estate tax rates for the current and next preceding five
years, or such lesser number of years as the property may have
been taxed on its use value, upon the difference between the
value determined under §19-9 (j) (4) and the use value determined
under §19-9 (j) (I) for each such year. Should this ordinance be
repealed, and a subsequent ordinance adopted, the treasurer, in
determining roll-back taxes chargeable on real estate which has
changed in use, shall apply the provisions of this subsection
irrespective of any period of time during which this ordinance
may not have been in force.
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(2) Liability to the roll-back taxes shall attach
when a change in use occurs but not when a change in ownership of
the title takes place if the new owner continues the real estate
in the use for which it is classified under the conditions
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November 13, 1984
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prescribed in this section. The owner of any real estate rezoned
as provided in subsection (3), infra, or liable for roll-back
taxes shall, within sixty days following such change in use, or
zoning, report such change to the County Assessor on such forms
as may be prescribed. The County Assessor shall forthwith
determine and assess the roll-back tax, which shall be assessed
against and paid by the owner of the property at the time the
change in use which no longer qualifies occurs and shall be paid
to the Treasurer within thirty days of the assessment.
(3) If at any time after July 1, 1980, the zoning of
propert~ taxed under the provisions of this section is changed to
a more intensive use at the request of the owner or his agent,
such property shall not be eligible for assessment and taxation
under this section for the years more intensive use is effective
and for three years thereafter if rezoned to agricultural zoning.
However, it shall not be subject to roll-back taxes until a
change in use occurs. When a change in uses occurs, such owner
shall be subject to roll-back taxes as provided in this
sub-section for those years the property was taxed in accordance
with its use.
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(n) Any person failing to report properly any change in use
of property for which an application for use value taxation had
been filed shall be liable for all such taxes, in such amounts
and at such times as if he had complied herewith and assessments
had been properly made, and he shall be liable for an additional
penalty equal to ten percent of the amount of the roll-back tax
and interest, which shall be collected as part of the tax. In
addition to such penalty, there is hereby imposed interest of
one-half percent of the amount of the roll-back tax, interest and
penalty for each month or fraction thereof during which the
failure continues. Any person making a material misstatement of
fact other than a clerical error in any such application shall be
liable for such taxes, in such amounts and at such times as if
such property has been assessed on the basis of fair market value
as applied to other real estate in the taxing jurisdiction,
together with interest and penalties thereon. If such material
misstatement was made with the intent to defraud the locality, he
shall be further assessed with an additional penalty of 100
percent of such unpaid taxes.
For purposes of this section and §19-9 (I), incorrect
information on the following subjects will be considered material
misstatements of fact:
(I) The number and identities of the unknown owners
of the property at the time of application;
(2) The actual use of the property.
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The intentional misrepresentation of the number of acres in
the parcel or the number of acres to be taxed according to use
shall also be considered a material misstatement of fact for the
purposes of this section and §19-9 (I).
(0) Separation or split-off of lots, pieces or parcels of
land from the real estate which is being valued, assessed and
taxed under this section either by conveyance or other action of
the owner of such real estate shall subject the real estate so
separated to liability for the roll-back taxes applicable
thereto, but shall not impair the right of each subdivided parcel
of such real estate to qualify for such valuation, assessment and
taxation in any and all future years, provided it meets the
minimum acreage requirements and such other conditions of this
section as may be applicable, nor shall it impair the right of
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November 13, 1984
the remaining real estate to continuance of such valuation,
assessment and taxation without liability for roll-back taxes,
provided it meets the minimum acreage requirements and other
applicable conditions of this article.
No subdivision of property which results in parcels which
meet the minimum acreage requirements of this article, and which
the owner attests is for one or more of the purposes set forth in
§19-9 (a) shall be subject to the provisions of this subsection.
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(p) Where contiguous real estate in agricultural,
horticultural, forest or open-space use in one ownership is
located partly within and partly without the County, compliance
with the minimum acreage or gross sales requirements shall be
determined on the basis of the total area of such real estate and
not the area which is located in the County.
(q) The provisions of Title 58 of the Code of Virginia
applicable to local levies and real estate assessment and
taxation shall be applicable to assessments and taxation
hereunder mutatis mutandis including, without limitation,
provisions relating to tax liens, boards of equalization and the
correction of erroneous assessments and for such purposes the
roll-back taxes shall be considered to be deferred real estate
taxes.
On motion of Supervisor Burton and the following recorded vote:
AYES: Supervisors McGraw, Minter, Brittle, Burton, and Nickens.
NAYS: None.
I
ORDINANCE NO. 84-192 AMENDING CHAPTER
5, ANIMALS AND FOWL, OF THE ROANOKE
COUNTY CODE
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
I. That Chapter 5, Animals and Fowl, of the Roanoke
County Code be amended as follows:
Sec. 5-3. Definitions.
For the purposes of this article, the following words
and phrases shall have the meanings ascribed to them by this
section, unless otherwise indicated to the contrary:
* * * *
Livestock: Cattle, horses, sheep, goats, swine and
enclosed, domesticated rabbits or hares.
* * * *
Sec. 5-10.1. Vicious dogs.
It shall be unlawful for any owner to keep within the
County any dog which is known to be vicious or which has
evidenced a disposition to attack human beings, or to kill or
attack other animals. Upon conviction of any owner as a violator
of this section, the judge of the court trying the case may order
the ðe~-wafðe87-ðe~öeY-ðe~-wafðe8-ef-e€€ieef-e€-~aw-e€-~fte
eeöaey animal control officer or other officer to humanely kill
such dog.
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2. That this amendment shall be in full force and
effect from and after its passage.
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November 13, 1984
On motion of Supervisor Burton and the following recorded vote:
AYES: Supervisors McGraw, Minter, Brittle, Burton, and Nickens.
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NAYS: None.
ORDINANCE 84-193 REPEALING CHAPTER 13,
PERSONNEL MANAGEMENT RELATIONS
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Ordinance No. 2301 enacting Chapter 13,
Personnel Management Relations, is hereby repealed in its
entirety.
2. That this amendment shall be in full force and
effect from and after its passage.
On motion of Supervisor Burton and the following recorded vote:
AYES:
Supervisors McGraw, Minter, Brittle, Burton, and Nickens
NAYS:
None.
I
ORDINANCE NO. 84-194 AMENDING VARIOUS
SECTIONS OF CHAPTER II,
OFFENSES-MISCELLANEOUS, TO ENACT NEW
PROVISIONS CONCERNING LOITERING IN
PUBLIC, URINATING IN PUBLIC, SOLICITING
WITHOUT A PERMIT AND PROHIBITING
UNAUTHORIZED USE OF COUNTY PROPERTY
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
I. That Chapter II, Offenses-Miscellaneous of the
Roanoke County Code be amended by the repeal of Section 11-3,
Loitering in, obstructing, etc., streets, public places, etc..
2. That Chapter 11 be amended by the enactment of a
new section, Section 11-3, Obstructing free passage of others as
follows:
Sec. 11-3. Obstructing free passage of others.
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Any person or persons who in any public place or on any
private property open to the public unreasonably or unnecessarily
obstructs the free passage of other persons to and from or within
such place or property and who shall fail or refuse to cease such
obstruction or move on when requested to do so by the owner or
lessee or agent or employee of such owner or lessee or by a duly
authorized law-enforcement officer shall be guilty of a Class I
misdemeanor. Nothing in this section shall be construed to
prohibit lawful picketing.
3. That Section 11-4, Magazine salesmen, be amended to
read and provide as follows:
Sec. ll-4. Ma~ð~i8e-sa~eSffieft.
Solicitors - registration
required.
It shall be unlawful for any person to 5e~~-ef
5e~±ei~-söesefi~~ie8s-~e-æa~a~ifteST engage in solicitation
in the county unless such person shall have first fe~is~efeð
ftiS-8affieT-aððfe5ST-aftð-eY-Wfteffi-effi~~eyeð-wi~ft-~fte-5ftefi€€-e€
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November 13, 1984
~fie-eee8~Y obtained a permit at a cost as from time to time is
established by the board of supervisors. The applicant must
provide the commissioner of the revenue with his name, local
address, acceptable identification and the name of his employer.
Any person wishing to solicit subscriptions for books, magazines,
or other publications must also obtain a permit from the
Commissioner of Labor and Industry as required by the Virginia
Code. The provisions of this section shall not be applicable to
school children of the county when soliciting for
school-sponsored activities.
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4.
new section,
follows:
Sec. 11-11.
That Chapter 11 be amended by the enactment of a
Section 11-11, Urinating, defecating in public as
Urinating, defecating in public.
(a) It shall be unlawful for any person to urinate or
defecate in or on any sidewalk, street or in any public places,
or in any place where other persons are present, unless such
urination or defecation be in a bathroom, restroom or other
facility specifically designed for such purpose.
(b) Any person violating the provisions of this
section shall be guilty of a Class 4 misdemeanor.
5. That Chapter 11 be amended by the enactment of a
new section, Section 11-12, Unauthorized use of county property
as follows:
Sec. 11-12. Unauthorized use of county property.
It shall be a Class 4 misdemeanor for any person to use
or operate any motor vehicle, equipment, machine or any other
property of the county for his own personal or private use,
without first obtaining the consent for such use from the county
administrator.
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This amendment shall be in full force and effect from
and after its passage.
On motion of Supervisor Burton and the following recorded vote:
AYES:
Supervisors McGraw, Minter, Brittle, Burton, and Nickens.
NAYS:
None
ORDINANCE 84-195 AMENDING CHAPTER 10,
MOTOR VEHICLES AND TRAFFIC, OF THE
ROANOKE COUNTY CODE BY THE ADDITION OF
SECTION 10-41 (d), CONCERNING THE
LICENSE FEE FOR CERTAIN ANTIQUE
VEHICLES
BE IT ORDAINED by the Board of Supervisors of Roanoke
I
County, Virginia, as follows:
1. That Section 10-41, Amount of License Tax, of
Chapter 10, Motor Vehicles and Traffic, of the Roanoke County
Code be amended by the addition of (d) Antique motor vehicles as
follows:
Sec. 10-41. Amount of license tax.
* * * *
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November 13, 1984
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(d) Antique motor vehicles. The owner of an "antique
motor vehicle", as defined and licensed in Title 46.1 of the 1950
Code of Virginia, as amended may secure a local license or decal
at no charge upon filing an application for same with the
Treasurer and payment of a $5.00 fee, and the payment of the
appropriate personal property taxes. This application shall
remain valid so long as the vehicle is titled to the applicant.
This amendment shall be in full force and effect from
and after its passage.
On motion of Supervisor Burton and the following recorded vote:
AYES: Supervisors McGraw, Minter, Brittle, Burton, and Nickens
NAYS: None
ORDINANCE 84-196 AMENDING CHAPTER 16.l,
SOLICITATIONS, OF THE ROANOKE COUNTY
CODE PERTAINING TO PERMITS FOR
NON-PROFIT ORGANIZATIONS
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Section l6.1-1. Solicitations permit required;
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exception of Article I. Non-profit organization permits of
Chapter 16.1. Solicitations of the Roanoke County Code be amended
as follows:
Sec. 16.1-1. Solicitations permit required; exception.
* * * *
(b) A written application for a permit to solicit, or
sell or to cause a solicitation or sale to be made, for any cause
as provided in the preceding section shall be filed with the
eeö8~y-exeeö~ive county administrator by the person,
organization, or society for whose benefit such solicitation is
to be made. Such application shall contain the following
information:
(1) The name of the organization or person applying
for a permit to solicit and his address or its
headquarters.
(2) The names and addresses of the principal
officer or manager if applicant is other than
individual.
(3) The purpose for which any receipts derived from
such solicitation are to be used.
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(4) The name of the person by whom the receipts of
such solicitation shall be received and disbursed.
(5) The name and address of the person who will be
in direct charge of conducting such sale or
solicitation.
(6) An outline of the method to be used in
conducting the sale or solicitation.
(7) The time when such solicitation shall be made,
giving the proposed dates for the beginning and
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November 13, 1984
ending of such solicitation, which time period shall
not exceed 60 days.
(8) A full statement of the character and extent of
the charitable, educational or philanthropic work
being done by the applicant organization within the
County.
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(9) The federal tax employer identification number.
(10) State and federal tax-exempt identification
numbers.
(11) Such other information as may be required by
the eeöft~y-e~eeöt:ive county administrator in order
for him to fully determine the kind, character and
worthiness of the proposed solicitation and for the
security of the County and its inhabitants.
This amendment to be in full force and effect from and
after its passage.
On motion of Supervisor Burton and the following recorded vote:
AYES: Supervisors McGraw, Minter, Brittle, Burton, and Nickens.
NAYS: None.
ORDINANCE 84-233 AMENDING CHAPTER 2,
ADMINISTRATION, OF THE ROANOKE COUNTY
CODE ESTABLISHING THE ORGANIZATIONAL
STRUCTURE OF THE COUNTY ADMINISTRATION
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BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Chapter 2, Administration, be amended by the
enactment of a new section to read and provided as follows:
Sec. 2-6.1. Organizational structure of the county
administration.
The County Administrator shall have, in addition to the
responsibilities vested in him by virginia Code §15.l-ll5, et
seq., and other duties as provided from time to time by the Board
of Supervisors, direct responsibility for managing the following
departments of Roanoke County:
(a) Office of Personnel Services which office shall be
directly managed by a Personnel Officer and shall have such other
employees as from time to time shall be authorized by the Board,
which department shall have the responsibility of employee
safety education, general employee training, employee insurance
programs and benefits, and employee relations.
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(b) Department of Development which office shall be
directly managed by the Superintendent of Development and shall
have such other employees as from time to time may be authorized
by the Board, and within such department shall be the following
divisions, to-wit: Division of Development Review, Division of
Planning and Zoning, Division of Construction Building Services
(managed by a director who is hereby designated the Chief
Building Official), Division of Economic Development, and
Division of Grants Procurement.
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November 13, 1984
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(c) Department of Public Facilities which office shall
be directly managed by the Superintendent of Public Facilities
and shall have such other employees as from time to time may be
authorized by the Board, and within such department shall be the
following divisions, to-wit: Division of Engineering (managed by
a Director of Engineering Division), Division of Parks and
Recreation (managed by a Director of Parks and Recreation),
Division of Communications (managed by a Communications
Director), Division of Facilities (managed by a Director of
Facilities), Division of Utilities (managed by a utilities
Director); and that the job title of County Engineer be, and
hereby is, abolished and the responsibilities enjoined by the
Roanoke County Code upon the County Engineer shall be the
responsibility of the Superintendent of Public Facilities with
the advice and aid of the Director of Engineering.
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(d) Department of Fiscal Management which office
shall be directly managed by the Superintendent of Fiscal
Management and shall have such other employees as from time to
time may be authorized by the Board, and within such department
shall be the following divisions, to-wit: Division of Delinquent
Collections and Financial Planning; Procurement Division (managed
by a Director of Procurement Services); Automated Services
Division (managed by a Director of Data Processing); and Division
of Real Estate Assessment (managed by a County Assessor who shall
be appointed by the Board of Supervisors and shall be directly
responsible only to the Board of Supervisors as made and provided
by law, but for purposes of fiscal planning of the County shall
make advisory reports to the Superintendent of Fiscal Management
as may be required by the Superintendent of Fiscal Management).
(e) Department of Public Safety which office shall be
directly managed by the County Administrator and shall have such
other employees as from time to time may be authorized by the
Board, and within such department shall be the following
divisions, to-wit: Fire and Emergency Services Division, managed
by the Fire and Emergency Services Coordinator; and Animal
Control Division, managed by the Animal Control Officer.
On motion of Supervisor Burton and the following recorded vote:
AYES: Supervisors Burton, Brittle, McGraw, Minter, and Nickens.
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor McGraw - No Report.
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Supervisor Minter - No Report.
Supervisor Brittle - No Report.
Supervisor Burton - No Report.
Supervisor Nickens - Announced that the meeting dates
for December have been changed to December 4, 1984, at the Town
of vinton Council Chambers at 3:00 p.m. and December 18, 1984, at
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November 13. 1984
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3:00 p.m., at the Roanoke County Administration Center to
accommodate for the holiday season and to participate with the
Town of vinton to close out the Vintennial Year. Supervisor
Brittle moved for approval of the prepared resolution.
RESOLUTION 84-187 CANCELING AND
RESCHEDULING THE BOARD OF SUPERVISORS'
MEETINGS TO BE HELD IN DECEMBER, 1984
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
I. That the regular meetings of the Board of
Supervisors scheduled for December II and December 25, 1984, be,
and hereby are canceled and rescheduled for December 4 at the
Vinton Municipal Building, Vinton, Virginia, and December 18 at
the Roanoke County Administration Center, Roanoke, Virginia,
respectively; and
2. That all public hearings heretofore scheduled and
advertised for December II, 1984, shall be held on December 4,
1984, at the vinton Municipal Building, Vinton, Virginia; and all
public hearings heretofore scheduled and advertised for December
25, 1984, shall be held on December 18, 1984, at the Roanoke
County Administration Center, Roanoke, Virginia; and
3. That a duly attested copy of this resolution shall
be published in the newspaper having general circulation in
Roanoke County on November 20, 1984, and November 27, 1984; and
further posted on the front door of the Roanoke County Courthouse
and the County Administration Center.
On motion of Supervisor Brittle and the following recorded vote:
AYES: Supervisors McGraw, Minter, Brittle, Burton and Nickens.
NAYS: None
IN RE: APPOINTMENTS
Supervisor Burton moved to appoint the following
persons to the Management Advisory Council:
Retail - Mr. Jake Repass, 2756 Hillbrook Drive,
Roanoke, Virginia 24018.
Data Processing - Mr. Thomas Rhodes, 5233 Luwanna
Drive, Roanoke, Virginia 24018.
Construction Representative - Mr. Joe Thomas, P. O. Box
373, Salem, Virginia 24153.
Banking - Ms. Kathleen Rushing, Route 1, Box 266,
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Salem, Virginia 24153.
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IN RE:
ADJOURNMENT
Supervisor Minter moved to adjourn at 10:51 p.m. until
Thursday, November IS, 1984, at 3:00 p.m. To complete work on
various work sessions scheduled for November 13, 1984 and to
consider bids on Courthouse furnishings and an Executive Session.
The motion carried by a unanimous v ice
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