11/27/1984 - Regular
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, SW
Roanoke, Virginia 24015
November 27, 1984
The Roanoke County Board of Supervisors of Roanoke
County, Virginia, met this day at the Roanoke County
Administration Center, this being the fourth Tuesday, and the
second regularly scheduled meeting of the month of November,
1984.
IN RE:
CALL TO ORDER
Chairman Nickens called the meeting to order at 3:09
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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, and Alan H. Brittle
MEMBERS ABSENT:
Supervisor Gary J. Minter
IN RE:
EXECUTIVE SESSION
Supervisor Brittle 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. Supervisor
Gary J. Minter arrived during Executive Session at 3:15 p.m.
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IN RE:
OPEN SESSION
Supervisor McGraw moved to return to Open Session at
3:28 p.m. The motion carried by a unanimous voice vote.
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Work Session - Oral Report on Public Service Center -
Mr. Frye of VVKR presented two master plans for the Public
Service Center to the Board. It was the recommendation of the
staff to approve Master Plan I. Supervisor Minter moved to
authorize VVKR to establish priorities, secure the area, and
prepare it for development, and to set out cost elements. The
motion carried by a unanimous voice vote.
Work Session - Budget Work Schedule - Diane Hyatt,
Department of Fiscal Management, presented the Budget Work
Schedule to the Board. Mrs. Burton requested that a
summarization of the new equipment being requested by the
departments, any decreases or additions to personnel in each
department including cost decreases or additions brought on by
personnel be included. Dr. Nickens requested that the public
hearing scheduled for April 9, 1985 to discuss the proposed
budget be changed to a public forum to be held after the March
19, 1985 Board meeting. Supervisor Burton also suggested that
consideration be given to establish matching funds not only in
Parks and Recreation but in other areas where County residents
may want to match funds with the County for improvements in their
neighborhood. Chairman Nickens stated that the Board did concur
with the budget schedule. Supervisor Minter inquired about the
revenue projections. Chairman Nickens reported that these
projections would be delivered January 11, 1985, to the County
Administrator.
Work Session - Storm Water Control in Fort Lewis
Village - John Hubbard presented maps to the Board and showed
where new drainage pipes are needed.
IN RE:
REPORTS OF CONSTITUTIONAL OFFICERS
Finance Board Meeting - Alfred C. Anderson, Roanoke
County Treasurer, presented a recommendation to the Board. John
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November 27, 1984
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Chambliss, Superintendent of Fiscal Management has also sent a
concurring recommendation to the Board. Both of these
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recommendations are to award the contract providing for bank
services beginning July 1, 1985 and running for two consecutive
fiscal years to Dominion Bank. Mr. Anderson reported that the
present contract does not expired until June 30, 1985, and
suggested that this item be held until the December 18, 1984,
meeting so that he could bring all of the return bids for the
Board's review. Chairman Nickens requested Paul Mahoney to
review the specs so all banks will be assured that the bid
process is being followed legally. Chairman Nickens also
requested that this be brought before the Board again on December
18, 1984. Supervisor Minter moved to allow the staff to
advertise for a public hearing to be held on December 18, 1984,
on raising the income limits to the maximum allowed under state
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law for citizens over 65 or permanently or totally disabled. The
motion carried by a unanimous voice vote.
IN RE:
RECESS
Chairman Nickens called for a dinner recess at 5:35
p.m.
IN RE:
CALL TO ORDER
Chairman Nickens called the regular meeting to order at
7:15 p.m. The roll call was taken.
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MEMBERS PRESENT:
Chairman Harry C. Nickens; Vice-Chairman
Athena E. Burton; Supervisors Gary J.
Minter, Steven A. McGraw, and Alan H.
Brittle
MEMBERS ABSENT:
None
IN RE:
OPENING CEREMONIES
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November 27, 1984
The invocation was given by the Reverend Wilfred M.
Mayton of Woodlawn united Methodist Church. The Pledge of
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Allegiance was recited by all present.
IN RE:
CONSENT AGENDA
Supervisor Brittle requested that Item 12 be removed
from the Consent Agenda. Chairman Nickens requested that Items 7
and 18 be removed and Supervisor Burton requested that Item 14 be
removed. Supervisor Burton moved to approve the Consent Agenda
with the deletion of the Items listed above.
RESOLUTION NO. 84-197 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET FORTH
ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM F -
CONSENT AGENDA
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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 27, 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 15, inclusive, as follows:
1. Letter from Maggie Robertson, Executive Director,
Roanoke Valley SPCA, dated October 27, 1984,
commending Kenneth Hogan, Animal Control
Officer for his work.
2. Letter from Shockley D. Gardner, Jr. Virginia
Water and Sewer Assistance Authority, dated
October 30, 1984 announcing a services of
community meetings around the state.
3.
Letter from F. C. Altizer, Jr. Department of
Highways and Transportation dated November 7,
1984, pertaining to intersection of Route 221 anc
Roselawn Road and Ranchcrest Drive.
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4.
Minutes of the Regional Cable Television
Committee held on Friday, October 19, 1984.
5. Letter from C. L. Reynolds, Appalachian Power
Company dated November 13 asking for approval of
street lighting rates for Roanoke County.
6.
Letter from Randy Austin, Transportation Safety
Commission dated November 7, 1984, to Fred C.
Altizer, requesting the Department of Highways
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November 27, 1984
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and Transportation to lower the speed limit of
Route 24, east of vinton.
7.
Letter dated November 2, 1984 from Senator Paul
Trible, u. S. Senate, announcing approval of a
flood control project for Roanoke City by the
Army Corps of Engineers.
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8.
Memorandum from Bayse E. Wilson, Superintendent
of Roanoke County Schools, dated November 14,
1984 pertaining to an effort to divert Literary
funds to offset a decline in federal funds.
9. Bid Reports for the following:
a. Building for Mason's Cove Rescue Squad.
b. Radio Equipment.
c. Radio - miscellaneous.
- Resolution.
10. Financial Statements for the period ending
October 1984.
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11. Letter dated November 13, 1984 from Randolph M.
Smith, Clerk of Salem City Council to Leo
Buckley, Jr., Mental Health Services of Roanoke
Valley announcing confirmation by the Salem City
Council of Mrs. Nancy F. Canova, Mr. Raymond
Robrecht and Mr. Henry Woodward as at-large
members of the MHSRV Board of Directors.
12. Memorandum from Sheriff o. S. Foster to Mr. Alan
H. Brittle, dated November 14, 1984 pertaining to
decal road checks.
13. Letter from Mary F. Parker, Roanoke City Clerk to
Wilburn C. Dibling, Jr. Roanoke City Attorney
requesting a public hearing to set a maximum rate
of $7.50 for basic cable television service.
14. Letter from Robert E. Glenn, dated November 14,
1984, announcing that Roanoke Valley Cablevision
consents to reduce the maximum rate for cable
service to $7.50.
- Resolution.
15. Appropriation of money for new positions and
necessary equipment for the Sheriff's Department
that were approved by the Board of Supervisors on
October 9, 1984.
- Resolution.
2. That the Clerk to the Board is hereby authorized
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and directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Burton and the following recorded vote:
AYES: Supervisors Minter, Burton, McGraw, Brittle, and Nickens.
NAYS: None.
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November 27, 1984
RESOLUTION 84-197.A ACCEPTING CERTAIN
BIDS MADE TO ROANOKE COUNTY SET FORTH AS
FOLLOWS
BE IT RESOLVED by the Board of Supervisors of Roanoke
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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. Construction of a metal (pole) building to house
the ambulance used by the Mason Cove Rescue Squad -
Dane Construction Company in the amount of $3,500.
b. Purchase of radio equipment to be used by the
Mason Cove Rescue Squad and for back-up use within
the County Rescue Squad service as follows:
i. Life pak-5 difibrillating unit to be used by
the Mason Cove Rescue Squad from Physio Control
in the amount of $7,410 plus $21.27 shipping
costs.
ii. Two APCOR radio units to be used in the
advanced life support rescue vehicles at Mason
Cove Rescue Squad and as a backup for all County
rescue squads to be located at the Cave Spring
Rescue Squad in the amount of $15,802.
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c. Purchase of 36 mobile radios to be used within
various County departments - from Erie Electronics of
Buffalo, NY, in the amount of $5,000.
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
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 Burton and the following recorded vote:
AYES: Supervisors Minter, Burton, McGraw, Brittle, and Nickens.
NAYS: None.
RESOLUTION 84-197.B AUTHORIZING THE
APPROPRIATE LEGAL NOTICES AND
ADVERTISEMENT TO AMEND CABLE TV ORDINANCE
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BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That staff is hereby directed to prepare the
appropriate legal notices and advertisement in order to schedule
a public hearing for December 18, 1984, to adopt an ordinance
amending paragraph 10 of the Cable TV Franchise Ordinance No.
1178 to reduce the maximum monthly charge for the first set
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November 27, 1984
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residential basic service and one set commercial basic service
from $9.00 to $7.50.
On motion of Supervisor Burton and the following recorded vote:
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AYES: Supervisors Minter, Burton, McGraw, Brittle, and Nickens
NAYS: None
Resolution Number 84-197.C
On IIDtion ma.de by Supervisor Burton, the General Appropriation Resolution
of Roanoke County, Virginia, adopted June 14, 1983 be, and is the same hereby
amended as follows to became effective
:
INCREASE
DESCRIPTION
ACCOUNT NUMBER
(DECREASE)
Class:
Expenditures
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Fund:
General Fund
Dept:
Policing & Investigating
Object:
Salaries
03-6-03102-10010
$ 40,664
2,846
4,729
1,428
410
1,000
1,000
7,000
22,000
FICA - Employers Contribution 03-6-03102-20010
VSRS - Employers Contribution 03-6-03102-20020
HI - Employers Contribution
03-6-03102-20050
LI - Employers Contribution
03-6-03102-20060
Guns, Holsters, Badges
03-6-03102-54095
Uniforms/Wearing Apparel
03-6-03102-54100
Radios (New)
03-6-03102-70030
Motor Vehicles (New)
03-6-03102-70050
Dept: Employee Benefits
I Object: Reserve for New positions 03-6-09102-10016 (50,077)
Dept: Contingent Balance 03-6-99999-99999 (31,000)
To appropriate IIDney for the new positions (and the necessary Equipnent)
approved by the Compensation Board for the Sheriff's Department (1 Clerk Typist
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November 27, 1984
II, 2 Court Bailiffs, and 2 Deputy Sheriffs), that were approved by the Board of
Supervisors on October 9, 1984.
On motion of Supervisor Burton and the following recorded vo e:
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AYES: Supervisors Minter, Burton, McGraw, Brittle, and Nickens.
NAYS: None.
Supervisor Burton inquired as to why a public hearing
had to be held regarding the Cable Television (Item 14-Consent
Agenda). Paul Mahoney, County Attorney, stated that it was to
amend the franchise ordinance adopted by the Board to amend
Section 10 which deals with rates and charges. Under Virginia
law to amend this ordinance the Board must approve another
ordinance or take similar action. Supervisor Minter moved to
hold a public hearing on December 18 to reduce the maximum rate
of cable service to $7.50 and to increase the business license
fee to five percent (5%). The motion carried by a unanimous
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voice vote. Supervisor Minter moved that at the appropriate
time, the Board allow the County Attorney to advertise to amend
the Franchise Tax Ordinance to increase the fee to five percent
(5%). The motion carried by a unanimous voice vote. Chairman
Nickens requested that Mr. Mahoney report back to the Board to
define "effective competition" in the Cable Television ordinance.
He also asked Mr. Mahoney to research and define "obscene
programming" concerning Cable Television.
Supervisor Brittle commented on the decal enforcement
efforts (Item 12-Consent). Mr. Brittle commented that these
efforts have created additional sales of 22,000 decals which
Chairman Nickens commented on the recent effort to
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creates an additional $56,700.
divert Literary funds to offset a decline in federal funds (Item
8-Consent Agenda). Chairman Nickens reported that this could
cause considerable delay in school construction projects within
the County and with the Board's concurrence would like to go on
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November 27, 1984
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record opposing legislation. Supervisor Minter moved to go on
record opposing this legislation. The motion carried by a
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unanimous voice vote.
Chairman Nickens also commented on the plans of the
Army Corps of Engineers to spend $21 million to widen a 10 mile
stretch of the Roanoke River in the City of Roanoke for the
purpose of installing a flood warning system, construct three
small flood walls, replace two low bridges, and to construct a 9
mile recreational trail. Supervisor Minter stated that he
opposed the spending of these funds because the use of the funds
will in no way help the flooding problems in Roanoke County.
IN RE:
PROCLAMATIONS AND RESOLUTIONS
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Chairman Nickens presented a resolution thanking George
Seib for his service on the Industrial Development Authority.
Mr. Seib was present to accept the resolution. Supervisor McGraw
moved for approval of the resolution.
RESOLUTION 84-198 EXPRESSING THE
APPRECIATION OF THE BOARD OF SUPERVISORS
TO GEORGE SEIB FOR HIS MANY YEARS SERVICE
ON THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF ROANOKE COUNTY
WHEREAS, George Seib was appointed to serve from the
Catawba Magisterial District on the Roanoke County Industrial
Development Authority on February 25, 1975; and
WHEREAS, George Seib served with distinction for
approximately 10 years; and
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WHEREAS, during his service on the Industrial
Development Authority, Mr. Seib acted as Secretary to the
Authority and made significant contributions to the economic
growth and development of Roanoke County.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County on behalf of itself and the
citizens of Roanoke County hereby expresses its appreciation and
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November 27, 1984
commends George Seib for his many years of service on the
Industrial Development Authority.
On motion of Supervisor McGraw and the following recorded vote:
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AYES: Supervisors Minter, Burton, McGraw, Brittle, and Nickens.
NAYS: None
Chairman Nickens presented a resolution congratulating
vinton on its 100th Anniversary. Supervisor Minter moved for
approval of the prepared resolution.
RESOLUTION 84-199 EXPRESSING
CONGRATULATIONS TO THE TOWN OF VINTON ON
ITS 100TH ANNIVERSARY
WHEREAS, on March 17, 1884, the General Assembly of
Virginia granted a charter establishing the Town of vinton as a
separate political subdivision located within Roanoke County; and
WHEREAS, during its 100 year existence the Town of
vinton, both as a separate political subdivision and as part of
Roanoke County, has made many significant contributions to both
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the citizens of the Town and the citizens of Roanoke County; and
WHEREAS, the Council of the Town of vinton has
determined and proclaimed 1984 as the centennial year for the
Town of vinton to be called the vintennial in order to properly
honor the Town of vinton and its many outstanding citizens, both
past and present, who have made so many outstanding contributions
to the quality of life in the Town of Vinton and Roanoke County.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County that it does hereby express its
most genuine and sincere congratulations to the Town of Vinton,
its Council, and its citizens on its Vintennial celebration
celebrating the 100 years of the Town's most distinguished
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existence and does further express its sincere appreciation to
the Town and its many citizens, both past and present, who have
made many substantial contributions to the quality of life in
both the Town of vinton and in Roanoke County.
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BE IT FURTHER RESOLVED that Roanoke County, in
commending and congratulating the Town if vinton for its most
successful past 100 years, looks forward to continued meaningful
cooperation in providing essential and necessary governmental
services for all our citizens for the next 100 years.
On motion of Supervisor Minter and the following
recorded vote:
AYES:
NAYS:
Supervisors Minter, Burton, McGraw, Brittle, and Nickens
None
Chairman Nickens presented a Proclamation declaring
December, 1984, as Virginia Reading Month.
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PRO C LAM A T ION
WHEREAS, reading undergirds excellence in critical and
creative thinking, enhances intellectual and personal
development, and serves as a medium for the continuous and
expanding learning expected in an information-based technological
society; and
WHEREAS, Virginia Reading Month has proven to be a
uniquely successful avenue for stimulating public interest in the
improvement and enjoyment of reading; and
WHEREAS, the observance of Virginia Reading Month has
resulted in the unparalleled cooperation of the business,
industrial, civic, and lay community in support of a statewide
educational endeavor; and
WHEREAS, reading is a leisure and learning pursuit of
value to adults, adolescents, and children in lifelong
educational and personal endeavors.
NOW, THEREFORE, I, Harry C. Nickens, Chairman of the
Roanoke County Board of Supervisors, do hereby designate the
month of December, 1984, as
VIRGINIA READING MONTH
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November 27, 1984
and I urge all citizens to personally participate in statewide
and community efforts to promote and enhance the enjoyment,
extension, and improvement of reading.
Chairman Nickens presented a resolution congratulating
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ITT Corporation on its 25th Anniversary in Roanoke County.
Supervisor Minter moved to approve the prepared resolution.
RESOLUTION 84-200 CONGRATULATING ITT
CORPORATION ON ITS 25TH ANNIVERSARY IN
ROANOKE COUNTY
WHEREAS, International Telephone and Telegraph
Corporation (ITT) located one of its electronic components
manufacturing divisions in the Roanoke Valley approximately 25
years ago; and
WHEREAS, over the past quarter century this
manufacturing division has experienced tremendous growth and
WHEREAS, in 1973 Roanoke County became the headquarters
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expansion; and
of ITT's new operating division - Electro-Optical Products
Division, the main production facility for optical fibers; and
WHEREAS, this division has continued to expand its
technological and industrial base in Roanoke County; and
WHEREAS, ITT has recently commenced an exciting
technological breakthrough involving the construction of a
multi-million dollar research facility and center in Roanoke
County for the custom design of gallium arsenide integrated
circuits for military and commercial customers.
WHEREAS, the ITT division in Roanoke County is the
largest producer of night vision devices in the world, it is the
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leading company in North America for fiber optic development and
production for use by telecommunications companies, and it is a
part of the ITT Defense - Space Group which is a leader in the
development and manufacturer of advanced radar and surveillance
systems, electronic defense, navigation, night vision, fiber
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optic and communications systems.
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November 27, 1984
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NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County hereby congratulates ITT
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Corporation on its 25th anniversary in Roanoke County and salutes
ITT for its numerous innovative technological breakthroughs and
achievements.
BE IT FURTHER RESOLVED that the Board of Supervisors of
Roanoke County commends ITT on the significant economic, social
and cultural contributions it has made to our community.
On motion of Supervisor Minter and the following recorded vote:
AYES: Supervisors Minter, Burton, McGraw, Brittle, and Nickens.
NAYS: None.
IN RE: REPORTS OF OFFICERS, DEPARTMENTS AND COMMITTEES
Industrial Development Authority - Chairman Nickens
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reported that the letter dated October 22, 1984, from Edward A.
Natt, requesting a public hearing by the Industrial Development
Authority on the HCMF Partnership would be heard at a later date.
Mental Health Services of the Roanoke Valley - Ms. Sue
Ivey was present on behalf of the Mental Health Services of the
Roanoke Valley. She reported that Roanoke County has contributed
$63,929 to Mental Health Services. After matching the
contribution of the County with State and Federal funds, Mental
Health Services of the Roanoke Valley provided $467,215 worth of
service to the Roanoke County citizens. These funds were used in
the following areas: mental health, mental retardation, and
substance abuse programs.
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Public Facilities - John Hubbard, Superintendent of
Public Facilities, recommended that Winesap Drive and McIntosh
Lane be accepted into the Secondary Highway System. Mr. Hubbard
also recommended the approval of a reimbursement contract, at no
cost to the County, to enlarge a water line in Hunting Hills.
Supervisor Minter moved for approval of both recommendations.
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November 27, 1984
RESOLUTION 84-214 AUTHORIZING THE EXECUTION OF A WATER
REIMBURSEMENT AGREEMENT WITH BOONE, BOONE, & LOEB,
INC., DEVELOPERS OF HUNTING HILLS PLACE
BE IT RESOLVED by the Board of Supervisors of Roanoke
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County, Virginia, as follows:
1. That Roanoke County is hereby authorized and
directed to enter into a water reimbursement agreement with
Boone, Boone, and Loeb, Inc. for the installation of a ten-inch
off-site water line in Hunting Hills Place; and
2. That the agreement be upon form approved by the
County Attorney.
On motion of Supervisor Minter and the following recorded vote:
AYES: Supervisors Minter, Burton, McGraw, Brittle, and Nickens
NAYS: None.
Mr. Hubbard also backgrounded the Board on the status
of the Building Improvement Program with VVKR. Roanoke County
landscaping, future needs of all Roanoke County facilities. The
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has a contract with VVKR to inspect the structure, appearance,
handicapped inspections have been completed and are presently
proceeding with the other inspections. The written waiver from
HEW concerning Catawba School has been received.
Department of Development - Mr. Tim Gubala reported on
the Hollins Community Block Grant on behalf of Rob Stalzer,
Department of Planning. He reported that the County did not
receive approval on the application for the Competitive Community
Development Block Grant funding, however, another possibility of
funding is available for Community Development Block Grants. The
deadline for these applications is June 1, 1985. Mr. Stalzer has
studied the requirements for this application and believes that
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the County has a good chance of receiving this grant.
Mr. Gubala requested that his report on the Industrial
Development Bond allocations be held over until December 18,
1984.
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Mr. Gubala also reported that Roanoke County will have
a display at Tanglewood Mallon Friday evening, November 30, from
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6:00 p.m. to 9:00 p.m. and Saturday, December 1, from 10:00 a.m.
to 5:00 p.m.
Department of Fiscal Management - Mr. John Chambliss,
Superintendent of Fiscal Management, reported that the Data
Processing Steering Committee heard a presentation from Joe
Elkins, a partner of the Washington, D.C. office of Peat, Marwick
& Mitchell, on the potential of establishing a task force to
study the Data Processing needs of Roanoke County. Their
evaluation will include hardware, existing programs, and ways of
automating the applications of the various offices. A task force
of managerial personnel within the general County offices and
schools. A study should be completed by the end of March 1985 so
it can be included within the budget process. Mr. Chambliss
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recommended that the County Administrator be authorized to expand
the scope of the audit contract with Peat, Marwick & Mitchell to
include the management services of Joe Elkins and members of his
staff to assist the task force in the study of Data Processing
needs. It was also recommended that the Data Processing members
of the Management Advisory Council assist in the review.
Mr. Chambliss also presented a list of surplus vehicles
that he recommended be disposed of at the Roanoke County Auction.
It was also reported that three vehicles that had earlier been
identified as surplus are needed in other departments and he
recommends that the Board retain them. Supervisor Minter moved
for authorization to release titles to the listed surplus
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VEHICLES TO BE SOLD
1. BG902 66 Dodge flat bed
2. U761 79 GMC pickup
3 . U786 79 Dodge pickup
4. U798 78 Ford pickup
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5. 72110 72 Ford station wagon
6. 77030 77 Ford pickup
7 . 78126 78 Ford sedan I
8 . 79115 79 Chrysler sedan
9. 79108 79 Chrysler sedan
10. 78112 78 Plymouth sedan
11. 78127 78 Ford sedan
12. 78120 78 Plymouth sedan
13. 70200 70 Ford sedan
14. 77100 77 Ford station wagon
15. 77117 77 Plymouth sedan
16. 78125 78 Ford sedan
17. D75300 75 Dodge ambulance
18. E69220 69 Ford van
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1. BG931 75 Ford pickup
2 . BG911 73 Dodge pickup
3 . MP206 75 Ford pickup
Personnel - Keith Cook, Superintendent of Personnel,
reported on the Employee Christmas Luncheon. The luncheon will
be held on December 18, 1984, at the Holiday Inn-Airport from
11:00 a.m. to 2:00 p.m. Invitations will be distributed on
Friday with the payroll checks.
County Attorney - No report.
County Administrator - Mr. Flanders, County
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Administrator, reported that the report on the contract for the
SPCA would be heard as a work session on December 18, 1984.
Mr. Flanders also reminded everyone that the Board
meeting dates for December have been changed. The first meeting
will be December 4, 1984, at vinton Town Council Chambers. The
second meeting will be December 18, 1984.
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Mr. Flanders also reported that Roanoke County has
worked with other units of government developing a program of
negotiation with C & P regarding rates for municipal governments.
The steering committee has received a letter from the
Vice-President of C & P reporting that they will not negotiate
with the municipalities. They will be attempting to secure
authority through the legislature to have municipal rates set by
the State Corporation Commission.
Mr. Flanders also requested an Executive Session before
adjournment.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
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Supervisor Minter - Requested an update on the Hollins
Community Park at the staff's convenience. Supervisor Minter
also requested a follow-up on the adult home restrictions
regarding Hollins Manor. Supervisor Minter reported on the clean
up at Carvins Creek. Neighborhood volunteers and members of the
Court Community Corrections Program have been working on the
clean up for the past five weeks clearing brush. Supervisor
Minter expressed his appreciation to these people and Susan
McGill from Senator Warner's office.
Supervisor Burton - Expressed concern on zoning
ordinance in R-3 concerning the 20 feet of yard space on the rear
and side of buildings. Supervisor Burton is concerned because
many of the builders claim the 20 feet even if it is straight
down a hill and feels that the 20 feet should be "usable land".
Supervisor Minter moved to refer this to staff to study. The
I
motion carried by a unanimous voice vote.
Supervisor McGraw - No report.
Supervisor Brittle - Requested the Department of Public
Facilities to update him at a later date on closing Knowles Drive
and Arlington to truck traffic.
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November 27, 1984
Supervisor Brittle asked the County Administrator what
had been done on View Avenue. Another accident occurred during
the previous week. Mr. Flanders, County Administrator, reported
that after speaking with the Highway Department, they will double
line the road to avert passing and will reduce the speed limit
from 25 miles per hour to 15 miles per hour. The Highway
Department did not feel that it would be feasible to close the
road. Supervisor Brittle suggested an additional stop sign on
Poplar.
I
Supervisor Nickens - Requested Mr. Flanders, County
Administrator, to organize a meeting of the urban counties. Mr.
Flanders reported that he would be talking with the
representatives and are hoping to set a date before the first of
1985.
IN RE:
CITIZENS COMMENTS AND COMMUNICATIONS
I
Mr. James L. Smith, Vice President of the Catawba
Valley Ruritan Club, appeared before the Board regarding the
Catawba Community Center. Mr. Smith expressed the need for a
Community Center because the residences are so spread out and the
only facility the citizens have to meet that has plumbing is in a
church. The citizens have offered to donated paint, time, and
money to renovating this school. Supervisor McGraw commended the
citizens on their response and efforts. Mr. Hubbard,
Superintendent of Public Facilities also reported that
architects from VVKR and representatives of Rehabilitative
Services appraised as much as they could without electricity and
found that major repairs will have to be done to the roof and the
drainage around the foundation. The electrical and heating
system and the actual structure still need to be appraised.
Their appraisal of roof repair will be approximately $5,000 to
$6,000 to last about 2 years. Supervisor McGraw reported that he
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November 27, 1984
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hoped to have a vote on expenditure of funds to help match their
efforts. Harold Wingate, Route 2, Troutville, Virginia, reported
that the proposal he had received was for $1,700 with a five year
guarantee. Mr. Wingate requested a meeting with the architects
and John Hubbard and the roofer.
IN RE:
PUBLIC HEARINGS
Petition of Earl Frith
requesting rezoning from B-2
to M-l of a tract containing
1.01 acres located in the 3700
block of Brambleton Avenue,
Roanoke in the Windsor Hills
Magisterial District.
APPROVED
Mr. Earl Frith appeared before the Board to answer any
questions they might have. There were no citizens present
opposing this rezoning. Supervisor Burton moved for approval of
the petition.
NOW, THEREFORE BE IT ORDERED that the aforementioned
tract of land, more particularly described below, be rezoned from
B-2 to M-l.
BEGINNING at an iron pin located at
the southeast corner of the property
of Thomas R. Watkins and Linda W.
Watkins as shown on survey made by T.
P. Parker & Son, Engineers and
Surveyors, dated May 15, 1979, a copy
of which survey is of record in the
Clerk's Office of the Circuit Court of
Roanoke County, Virginia in Deed Book
1132, page 453; thence along the eastern
line of the property of Thomas R.
Watkins and Linda W. Watkins, N. 320
00' E. k50.0 feet to a point located
on the line of the 14.68 acre tract
conveyed to Southern Land Company;
thence with same, N. 580 OO'e. 330.0
feet to a point; thence along a new
line through the property of Southern
Land Company, S. 320 00' E. 110.0
feet to a point located at the
northeast corner of the property of
Charles R. Simpson and Naomi G.
Simpson as shown on plat made by T.
P. Parker & Son, Engineers &
Surveyors, dated June 18, 1980, of
record in the Clerk's Office
aforesaid in Deed Book 1147, page
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November 27, 1984
748; thence with property of Charles
R. Simpson and Naomi G. Simpson, S.
580 00' W. 130.0 feet to a point;
thence S. 320 00' E. 40.0 feet to a
point located on the line of the
property described as Moore's
Building Supply; thence with same, S.
580 00' W. 200.0 feet to the place of
BEGINNING.
I
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 Burton and upon the
following recorded vote:
AYES: Supervisors Minter, Burton, Brittle, McGraw, and Nickens
NAYS: None.
Petition of the Roanoke County Board of
Supervisors for a public hearing on the
following matters.
a. Ordinance amending Chapter 10, Motor Vehicles
and Traffic, Section 10-46, Refunds, to increase
the time obtained and the amount of the
refund which may be obtained.
I
b. Ordinance amending Chapter 6, Automobile
Graveyards, of the Roanoke County Code
to clarify the definition of junked
vehicles to specify inspection officials,
to designate zoning administrator as fence
inspector, to establish standards of
cleanliness and to clarify safety
requirements.
c. Ordinance amending Chapter 11,
Offenses Miscellaneous, by enacting the
offenses of assault and batter, petit
larceny, shoplifting, trespass and
unlawful entry on church or school
property.
d. Ordinance amending Chapter 7, Building
Electrical and Plumbing Codes by amendment
to Section 7-7:11, Penalties. Ordinance
e. Ordinance imposing a tax on the probate of
wills or Grants of Administration pursuant I
to Section 58-67.1 (58.1-3805) of the 1950
Code of Virginia as amended.
f. Ordinance to amend Chaptere 2, Article II of
the Roanoke County Code, Procurement
Practices, by increasing small purchases
limitation from $2,500 to $10,000.
Paul Mahoney, County Attorney, reported that Items
K2a-d are ordinances he brought to the Board as a result of the
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November 27, 1984
2~9
recodification process. Item K2e is an imposition of tax on the
terms of wills and grants of administration which authorizes
I
legislation in the State Code. Mr. Mahoney suggested that Item
K2f be held over to be discussed in a work session. There were
no citizens present to address any of the public hearing items.
Supervisor Minter moved for approval of Items K2a through K2e.
ORDINANCE 84-201 AMENDING CHAPTER 10,
MOTOR VEHICLES AND TRAFFIC, SECTION
10-46, REFUNDS, TO INCREASE THE TIME IN
WHICH REFUNDS FOR COUNTY VEHICLE
REGISTRATION MAY BE OBTAINED AND THE
AMOUNT OF THE REFUND WHICH MAY BE
OBTAINED
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
I
1. That Section 10-46, Refunds, of Article V, County
Vehicle Licenses, be amended to read and provide as follows:
Sec. 10-46. Refunds.
Any person holding a current registration certificate
and license plate who disposes of the vehicle for which it was
issued and does not purchase another vehicle may surrender the
license plate and registration certificate to the treasurer of
the county, with a statement that the vehicle for which the
license plate was issued has been sold, and request a refund for
the unused portion of the fee paid. The treasurer shall refund
to the applicant one-half of the total cost of the registration
and license plat if application for such refund is made ~ffef
~e-ee~eBef-~ on or before November 30 of the current license
year. Be~-seek-fe€eAð-ska~~-Be-eA~y-eAe-~kffð-e€-seek-~e~a~
ees~-wkeA-~ke-a~~~fea~~eA-~kefee€-~s-æaðe-seBse~eeA~-~e-ee~eBef
~s~-e€-~ke-eeffeA~-±~eeAse-yeafT-Be~-~f~ef-~e-ðaAeafY-~-e€-~~e
eeffeA~-±~eeAse-yeaf. No refund shall be made when
application therefor is made after òaAeafY-± November 30 of
the current license year.
On motion of Supervisor Minter and the following recorded vote:
AYES:
Supervisors Minter, Burton, McGraw, Brittle, and Nickens
NAYS:
None.
I
ORDINANCE 84-202 AMENDING CHAPTER 6,
AUTOMOBILE GRAVEYARDS, OF THE ROANOKE
COUNTY CODE TO CLARIFY THE DEFINITION
OF JUNK VEHICLES, TO SPECIFY COUNTY
INSPECTORS OF SUCH GRAVEYARDS, TO
ESTABLISH THE ZONING ADMINISTRATOR AS
THE OFFICIAL RESPONSIBLE FOR INSPECTING
FENCING, AND TO REQUIRE SUCH GRAVEYARDS
TO BE KEPT FREE OF SOLID WASTE
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
Sec. 6-1. Defined.
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November 27, 1984
As used in this chapter, the term "automobile graveyard"
means any lot or place which is exposed to the weather and upon
which more than five (5) motor vehicles of any kind, incapable of
being operated, and which it would not be economically practical
to make operative, or junk vehicles as defined in the zoning
ordinance, are placed, located or found.
I
Sec. 6-7. Fencing.
(a) Automobile graveyards shall be entirely enclosed by a
hedge or fence eight (8) feet in height. The fence shall be kept
neatly painted and in good repair at all times ~e-~fie
sa~~sÉae~~e8-eÉ-~he-ðeafð-eÉ-s~pefv~sefs-ef-ef-s~efi-eff~eef-as
ffii~h~-ðe-ðes~~8a~eð-ðy-~he-ðeafð as required by the zoning
administrator and shall be constructed of plank boards,
corrugated iron, brick, cinder block or concrete, so as to
exclude such graveyards from public view. No plank board fence
shall be erected within any fire zone as now or hereafter
established, and any fence so erected shall be at least twenty
(20) feet from the street or road and in no event beyond the
building line of other building on the same street or road.
* * * *
Sec. 6-9. To be kept free of rubbish and waste matter.
An automobile graveyard shall, as far as practicable, be
kept clear and clean of all rubbish or waste matter, as well as
solid waste as defined in Chapter 14.
Sec. 6-10. Fire Extinguishers and other safety devices.
I
Safety devices, such as fire extinguishers or other like
apparatus, ffiay shall be required ~8-a8-a~~effieð~~e-~faveyafà
whefevef7-~8-~he-e~~8~e8-ef-~he-ðeafà-ef-s~~efv~sefs-ef-ef-s~efi
eÉÉ~eef-as-ffi~~h~-ðe-ðes~~8a~eà-ðy-~he-ðeafð7-s~eh-ðev~ees-afe
fe~~~feà-~8-~he-~A~efes~-eÉ-p~b~~e-saÉe~y as set forth in the
building code.
Sec. 6-15. R~~fi~-eÉ-eA~fy-eÉ-eÉÉ~eefs. Inspections.
All automobile graveyards, together with the Beeks records
required ~8-~h~s-eha~~ef by section 6-14, shall at all
during normal business hours be kept open for inspection to all
officers of the county having police powers: sheriff, zoning
administrator, fire marshall, and business license inspector.
On motion of Supervisor Minter and the following recorded vote:
AYES: Supervisors Minter, Burton, McGraw, Brittle, and Nickens.
NAYS: None.
ORDINANCE 84-203 AMENDING CHAPTER 11,
OFFENSES-MISCELLANEOUS, BY ENACTING THE
OFFENSES OF ASSAULT AND BATTERY, PETIT
LARCENY, SHOPLIFTING, TRESPASS AND
UNLAWFUL ENTRY ON CHURCH OR SCHOOL
PROPERTY
I
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Chapter 11, Offenses-Miscellaneous, be amended
by enacting the offenses of assault and battery, petit larceny,
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November 27, 1984
shoplifting, trespass, and unlawful entry on church or school
property as follows:
Sec. 11-13. Assault and battery.
I
Any person who commits a simple assault or assault and
battery within the county shall be guilty of a Class 1
misdemeanor.
Sec. 11-14. Petit larceny.
Any person who:
1) Commits larceny from the person of another of money
or other thing of value of less than five dollars
( $ 5.00 ); or
2) Commits simple larceny not from the person of
another of goods and chattels of the value of less
than two hundred dollars ($200.00);
shall be deemed guilty of petit larceny, which shall be
punishable as a Class 1 misdemeanor.
Sec. 11-15. Shoplifting.
I
(a) Whoever, without authority and with the intention
of converting goods or merchandise to his own or another's use
without having paid the full purchase price thereof, or of
defrauding the owner of the value of the goods or merchandise:
1) Willfully conceals or takes possession of the goods
or merchandise of any store or other merchandise
establishment;
2) Alters the price tag or other price marking on such
goods or merchandise, or transfers the goods from
one container to another; or
3) Counsels, assists, aids, or abets another in the
performance of any of the above acts;
shall, if the value of the goods or merchandise is less than two
hundred dollars ($200.00), be deemed guilty of a misdemeanor.
The willful concealment of goods or merchandise of any store or
other mercantile establishment, while still on the premises
thereof, shall be prima facie evidence of an intent to convert
and defraud the owner thereof out of the value of the goods or
merchandise.
I
(b) Any person convicted for the first time of an
offense under this section shall be punished by a Class 1
misdemeanor.
(c) Any person convicted of an offense under this
section, when it is alleged in the warrant or information on
which he is convicted, and admitted, or found by the jury or
judge before whom he is tried, that he has been convicted in the
Commonwealth of Virginia for a like offense, regardless of the
value of the goods of merchandise involved in the prior
conviction, shall be confined in jail not less than thirty (30)
days nor more than twelve (12) months.
(d) Any person who has been convicted of violating the
provisions of this section shall be civilly liable to the owner
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November 27, 1984
for the retail value of any goods and merchandise illegally
converted and not recovered by the owner, and for all costs
incurred in prosecuting such person under the provisions of this
section. Such costs shall be limited to actual expenses,
including the base wage of one employee acting as a witness for
the prosecution and suit costs; provided, however, the total
amount of allowable costs granted hereunder shall not exceed two
hundred fifty dollars ($250.00), excluding the retail value of
the goods and merchandise.
I
(e) A merchant, agent, or employee of the merchant,
who has probable cause to believe that a person has shoplifted in
violation of this section or section 11-14 on the premises of thE
merchant, may detain such person for a period not to exceed one
hour pending arrival of a law enforcement officer.
(f) A merchant, agent, or employee of a merchant, who
causes the arrest or detention of any person pursuant to the
provisions of this section or section 11-14, shall not be held
civilly liable for: unlawful detention, if such detention does
not exceed one hour; slander; malicious prosecution; false
imprisonment; or false arrest, if the detention takes place on
the premises of the merchant or after close pursuit from such
premises by such merchant, his agent or employee; provided that,
in causing the arrest or detention of such person, the merchant,
agent, or employee of the merchant had, at the time of such
arrest or detention, probable cause to believe that the person
had shoplilfted or committed willful concealment of goods or
merchandise.
(g) As used in this section, "agents of the merchant"
shall include attendants at any parking lot owned or leased by
the merchant, or generally used by customers of the merchant
through any contract or agreement between the owner of the
parking lot and the merchant.
I
Sec. 11-16. Trespass after having been forbidden to do so.
(a) No person shall, without authority of law, go upon
or remain upon the lands, buildings or premises of another, or
any part, portion or area thereof, after having been forbidden to
do so, either orally or in writing, by the owner, lessee,
custodian or other person lawfully in charge thereof, or after
having been forbidden to do so by a sign posted by such person,
or by the holder of any easement or other right-of-way authorized
by the instrument creating such interest to post such sign, on
such lands, structures, premise or part, portion or area thereof,
at a place where it may be reasonably seen.
(b) A violation of this section shall constitute a
Class 1 misdemeanor.
Sec. 11-17. Unlawful entry on church or school property.
I
(a) It shall be unlawful for any person, without the
consent of some person authorized to give such consent, to go or
enter upon, in the nighttime, the premises or property of any
church or upon any school property for any purpose other than to
attend a meeting or service held or conducted on such church
or school property.
(b) Any person violating this section shall be guilty
of a Class 4 misdemeanor.
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November 27, 1984
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2. This amendment shall be in full force and effect
from and after its passage.
I
On motion of Supervisor Minter and the following recorded vote:
AYES: Supervisors Minter, Burton, McGraw, Brittle, and Nickens.
NAYS: None.
ORDINANCE 84-204 AMENDING CHAPTER 7,
BUILDING, ELECTRICAL AND PLUMBING CODES
BY AMENDING SECTION 7-7:11, PENALTIES
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Section 7-7:11, Penalties be amended to read
and provide as follows:
Sec. 7-7:11. Penalties.
The re-entry into an unsafe structure, the failure of
the person or persons to vacate an unsafe structure, failure to
comply with the requirements of an unsafe notice, and the failure
to abide by the decision of the board of supervisors after an
appeal shall constitute a Class II misdemeanor and be subject to
legal action by the chief building official.
I
2. That this amendment shall be in full force and
effect from and after its passage.
On motion of Supervisor Minter and the following recorded vote:
AYES: Supervisors Minter, Burton, McGraw, Brittle, and Nickens
NAYS: None
ORDINANCE 84-205 IMPOSING A TAX ON THE PROBATE OF
WILLS OR GRANTS OF ADMINISTRATION PURSUANT TO
SECTION 58-67.1 (58.1-3805) OF THE 1950 CODE OF
VIRGINIA, AS AMENDED
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That a new section, Section 19-12, Tax on probate
of will, be adopted to read and provide as follows:
Sec. 19-12. Tax on probate of will.
(a) There is hereby imposed a county tax on the
probate of every will or grant of administration in an amount
equal to one-third of the amount of the state tax on such probate
of a will or grant of administration.
I
(b) The clerk of the circuit court collecting the tax
imposed under (a) above shall pay the same into the treasury of
the county. The clerk shall be entitled to compensation for such
service in an amount equal to five percent of the amount
collected and remitted.
2. That this amendment shall be in full force and
effect from and after its passage.
On motion of Supervisor Minter and the following recorded vote:
AYES: Supervisors Minter, Burton, McGraw, Brittle, and Nickens
NAYS: None.
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November 27, 1984
Supervisor Burton asked the County Attorney about his
research regarding swimming pool fencing. Mr. Mahoney will
report back to the Board at a later date.
Petition of Lite Appetite, Inc.
to rezone the rear portion of a 2.625
acre parcel from R-3 to B-2 to conform
with the zoning of the front 200 feet of
the parcel and commence the construction
of a restaurant located at the south side
of Route 419 near Tanglewood Mall within the
Cave Spring Magisterial District.
I
Michael K. Smeltzer was present to answer any questions
the Board might have. The Planning Commission has recommended
approval of rezoning the entire 100 feet to make the rezoning for
a total of 300 feet. There were no citizens present to address
this public hearing. Supervisor Brittle moved for approval of
the rezoning request.
NOW, THEREFORE, BE IT RESOLVED and ORDERED that at this
I
meeting of the Board of Supervisors of Roanoke County, Virginia,
held on the 27th day of November, 1984, the said County Zoning
Ordinance be, and the same is hereby amended so as to reclassify
a portion of the property described in said Petition and being
described in Exhibit "A" attached hereto be reclassified from
Residential District R-3 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.
EXHIBIT A
0.23 ACRE, MORE OR LESS, TO BE RECLASSIFIED AS
BUSINESS DISTRICT B-2, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING at a point which is S. 350 55' 30"
E. 200 feet from the northerly side of Virginia
Primary Route 419; thence in an easterly direc-
tion 160 feet, more or less, to a point; thence
S. 340 09' E. 60 feet to a point; thence in a
westerly direction 160 feet, more or less, to a
point; thence N. 350 55' 30" W. 60 feet to a
point, the place of BEGINNING, and being an
additional 60 feet in depth which, when added
to the existing 200 feet, make a total of 300
feet zoned B-2.
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November 27, 1984
305
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BE IT FURTHER RESOLVED AND ORDERED that the Clerk of I
this Board shall forthwith certify a copy of this Resolution and
Order to the Secretary of the Planning Commission of Roanoke
County, Virginia, and a copy to Hazlegrove, Dickinson, Rea,
Smeltzer & Brown, attorneys for the petitioner.
The foregoing resolution was adopted on motion of
Supervisor Brittle and the following recorded vote:
AYES: Supervisors Minter, Burton, McGraw, Brittle, and Nickens
NAYS: None
IN RE:
APPOINTMENTS
I
Supervisor Burton nominated Mr. Richard Toggweiler,
4830 Glenbrook Drive, SW, Roanoke, Virginia, 24018, for the
Grievance Panel.
Supervisor Minter confirmed the appointment of Nancy
Canova, Raymond R. Robrecht, and Henry L. Woodward to serve as
at-large members to the Mental Health Services of the Roanoke
Valley Board of Directors.
Chairman Nickens nominated Mr. Jimmie Carter to
represent the Engineering division of the Management Advisory
Council.
Supervisor Minter moved to approve all nominations.
The motion carried by a unanimous voice vote.
IN RE:
EXECUTIVE SESSION
I
Supervisor Minter moved to go into Executive Session
pursuant to the Code of Virginia Section 2.1-344 (a), (1), (2),
(4), and (6). The motion carried by a unanimous voice vote.
IN RE:
OPEN SESSION
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November 27, 1984
Supervisor Burton moved to return to Open Session. The
motion carried by a unanimous voice vote.
IN RE:
ADJOURNMENT
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Supervisor Brittle moved to adjourn at 12:32 a.m.
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