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2/9/1982 - Regular -.., 2-9-82 280 Board of Supervisors Salem-Roanoke County Civic Center Salem, Virginia February 9, 1982 I The Board of Supervisors of Roanoke County, Virginia, met this day in open session at the Salem-Roanoke County Civic Center in Salem, Virginia, this being the second Tuesday and the first regular meeting of the month of February. Members present: Chairman Edward C. Park, Jr., Vice-Chairman Athena E. Burton, and Supervisors May W. Johnson, Robert E. Myers and Gary J. Minter. Members Absent: None IN RE: CALL TO ORDER Chairman Park called the meeting to order at 6:00 p.m. IN RE: ITEMS SUBMITTED FOR INFORMATION ONLY On motion of Supervisor Johnson and a unanimous voice vote, the I following items were received and filed: (1) Referrals to Planning Commission (2) Summary of Appropriations (3) Accounts Paid - January, 1982 IN RE: EXECUTIVE SESSION At 6:05 p.m. Supervisor Johnson moved that the Board go into Execut" e Session to discuss personnel, legal and real estate matters; adopted by unanimous voice vote. IN RE: CALL TO ORDER On motion of Supervisor Myers and a unanimous voice vote, Chairman Park again called the meeting to order at 7:00 p.m. I IN RE: APPROVAL OF MINUTES Minutes for the meetings of January 12, 1982, January 26, 1982 and special meeting of January 28, 1982 were submitted; Supervisor Burton cited two corrections for the minutes of January 12, 1982, being: appointment to the Roanoke County Transportation Safety Commission should be Charlotte T. Litchenstein rather than Charles T. Litchenstein as recorded, and additional ..... II""'"' 2-9-82 281 information to the Regional Solid \vaste Management discussion relative to the extension of 4 years life. Minutes were approved as amended by motion of Supervisor Burton and a unanimous voice vote. IN RE: FORMER SUPERVISORS T. M. vffiITE AND LA\VRENCE E. TERRY Chairman Park presented a framed resolution of appreciation to both former Supervisors White and Terry and expressed on behalf of the Board their best wishes for a successful future. IN RE: COURTHOUSE PRESENTATION OF PLANS Architects from the firm of VVKR were in attendance to display the final plans for the proposed courthouse construction. The Supervisors viewed detailed drawin8s of the entire courthouse as mandated, with a question and answer period to update the new Supervisors. Supervisor Burton expressed reservations in relation to the entranceway and skylight for that area due to the cost involved. The Board was informed that it is hopeful to hold the final cost below $6 million dollars but with a cost of not more than $7 million dollars, which does not include the furniture. After some discussion, Supervisor Minter moved to approve the plans as presented and proceed with the next step in order not to delay the project and to send out invitations to bid by July; adopted by a unanimous voice I I I, I. I I' h vote with Supervisor Burton abstaining. Supervisor Burton felt she could not approve plans which were partially drawn and approved before her election to the Board. IN RE: RESOLUTION NO. 3053 ACCEPTING A PROPOSAL MADE BY THOR, INC. FOR CERTAIN ADDITIONS TO THE FORT LEWIS AND HOLLINS FIRE STATIONS. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a proposal ~ade by Thor, Inc. for certain additions to the Fort Lewis and Hollins Fire Stations at a cost to the County of $2,394.00, J I I I ~I with VVKR contributinz $140.00 toward the total construction cost of $2,534.00, be, and hereby is accepted; and I I I ~ 2-9-82 2 8 c). 4. 2. That the County Administrator is hereby authorized and directed to execute a contract with Thor, Inc. upon a form approved by the County Attorney. I Adopted on motion of Supervisor Myers and the following recorded vote. AYES: Supervisors Myers, Minter, Johnson, Burton and Park NAYS: None IN RE: STREET LIGHT FOR GROVE LANE County Engineer Gene Robertson reported that a street light for the Grove Lane and Sierra Drive area would serve a private rather than public purpose. Past policy has been to install lights in areas to aid public traffic rather than to serve as private security lighting and therefore, he recommends the Board deny request of citizens to install said light. No action was taken by the Board. IN RE: REQUEST TO ADD CANTER DRIVE INTO THE STATE SECONDARY HIGHWAY SYSTEM I On motion of Supervisor Burton and the following recorded vote, the Board approved to request the State Highway Department to add Canter Drive from its intersection with Roselawn Road (Rt. 689) for 0.3 miles into the State Secondary Highway System. AYES: Supervisors Myers, Minter, Johnson, Burton and Park NAYS: None IN RE: VACATION OF DRAINAGE EASEMENT - WOODLANDS SUBDIVISION FINAL ORDER At a regular meeting of the Board of Supervisors of Roanoke County, Virginia, held at the Salem-Roanoke County Civic Center on Tuesday, February 9, 1982, the Board of Supervisors was presented with a request from Strauss I Construction Co., Inc., requesting a release of a certain portion of a drain- age easement heretofore granted by Strauss Construction Co., Inc., to Roanoke County. Upon consideration of the recommendation by the Virginia Department of Highways and the Roanoke County Department of Engineering, it is ORDERED that the existing 23' wide drainage easement heretofore granted to Roanoke County over Lot 1, Block 3, Section 6, The Woodlands be, and the same hereby is, reduced to 14' wide as more particularly shown on plat prepared by Buford --- I I l~ "...- 2-9-82 283 T. Lumsden & Associates, P.C., Certified Land Surveyors, dated September 9, 1981, and attached to the proposed Deed of Partial Release, which accompanied the request of Strauss Construction Co., Inc. It is further ORDERED that the appropriate official for Roanoke County I be, and is hereby authorized and directed, to execute said proposed Deed of Partial Release on behalf of the Board of Supervisors of Roanoke County, Virginia, to Craig A. Stanley and Julie R. Stanley, husband and wife, who have purchased the subject property from Strauss Construction Co., Inc. Adopted on motion of Supervisor Minter and the following recorded vote. AYES: Supervisors Myers, Minter, Johnson, Burton and Park NAYS: None IN RE: WATER SERVICES - YELLOW MOUNTAIN ROAD Utility Director John Hubbard infor~ed of a request from residents along Yellow Mountain Road who have requested water facilities be extended along Yellow Mountain Road to serve residents of that area. Mr. Hubbard I recommends that the developer install the 8" lines and be reimbursed by the County through connection fees which is standard past policy. On motion of Supervisor Johnson and the following recorded vote, the recommendation of Mr. Hubbard was approved. AYES: Supervisor Myers, Minter, Johnson, Burton and Park NAYS: None IN RE: FIRE HYDRANT - HEDGELAWN AVENUE RESOLUTION NO. 3054 ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE TO FURNISH AND INSTALL A FIRE HYDRANT AT THE CORNER OF HEDGELAWN AVENUE AND HEATH CIRCLE. BE IT RESOLVED by the Board of Supervisors of Roanoke County, 1. That a certain bid of J. F. St. Clair, Inc., being the lowest I Virginia, as follows: and best bid, in the amount of $950.00 to furnish and install a fire hydrant at the corner of Hedgelawn Avenue and Heath Circle, upon all and singular the terms and conditions of the invitation to bid, the specifi- cations of the County of Roanoke, the bidder's proposal and the provi- - sions of this resolution, be and the same hereby is accepted; and ~L ~ 2-9-82 284 2. That the County Administrator is hereby authorized and directed to enter into a contract upon a form approved by the County Attorney with J. F. St. Clair, Inc. for this work; and I 3. That all other bids for said work are hereby rejected and the County Clerk is hereby directed to so notify such bidders and express the County's appreciation for the submission of their bids. Adopted on motion of Supervisor Johnson and the following recorded vote. AYES: Supervisors Myers, Minter, Johnson, Burton and Park NAYS: None IN RE: RESOLUTION NO. 3055 ACCEPTING A BID MADE TO THE COUNTY OF ROANOKE FOR CONSTRUCTION OF THE PENN FOREST BOULEVARD WATER LINE PROJECT. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a certain bid of E. C. Pace Company, Inc. in the amount I of $86,125.45, being the lowest and best bid received by the County for the construction of the Penn Forest Boulevard Water Line Project, upon all and singular the terms and conditions of the invitation to bid, the specifications of the County of Roanoke, the bidder's proposal and the provisions of this resolution, be, and the same hereby is accepted; and 2. That the County Administrator is hereby authorized and directed to enter into a contract with E. C. Pace Company, Inc. upon a form approved by the County Attorney for this project; and 3. That all other bids for this project are hereby rejected and the County Clerk is directed to so notify such bidders and express the County's appreciation for the submission of their bids. Adopted on motion of Supervisor Johnson and the following recorded vote. AYES: Supervisors Myers, Minter, Johnson, Burton and Park I NAYS: None IN RE: COUNTY CODE PERTAINING TO GARBAGE AND RUBBISH County Planner Tim Gubala informed that many calls are received from citizens complaining about "garbage and trash" on property and that the County Code is worded such that enforcement is difficult for the Planning - ~ "... 2-9-82 285 Department. Mr. Gubala recommends a public hearing be held to amend the code whereby a clearer definition of "garbage and trash" be included so as to pro- vide easier enforcement. Proposed amendment is filed with the minutes of this meeting. On motion of Supervisor Myers and the following recorded vote, a I public hearing on said amendment will be held at the regular Board meeting of March 9, 1982. AYES: Supervisors Myers, Minter, Johnson, Burton and Park NAYS: None IN RE: CONSIDERATION TO INCORPORATE THE CRIMINAL JUSTICE TRAINING CENTER A report relative to the incorporation of the New River Valley Criminal Justice Training Center was filed with the Board but since no representative from the Sheriff's Department was present to represent this request, the Board tabled the matter and no action was taken by motion of Supervisor Johnson and a unanimous voice vote. IN RE: RESOLUTION NO. 3056 ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE TO FURNISH 1982 REAL ESTATE TAX NOTICES AND MAILERS. I BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a certain bid of Uarco, Inc., being the lowest and best bid, in the amount of $4,712.40 to furnish sixty thousand 1982 real estate tax notices and mailers, upon all and singular the terms and conditions of the invitation to bid, the specifications of the County of ! Roanoke, the bidder's proposal and the provisions of this resolution, I: be, and hereby is accepted; and 2. That the County Adminstrator is hereby authorized and directed ,: to enter into a contract upon a form approved by the County Attorney I with Uarco, Inc. to furnish these tax notices and mailers. 3. That all other bids for said work are hereby rejected and the County Clerk is directed to so notify such bidders and express the ! County's appreciation for the submission of their bids. I' I, ,-I; I, p Adopted on motion of Supervisor Johnson and the following recorded vote. I I I , AYES: Supervisors Myers, Minter, Johnson, Burton and Park NAYS: None ~ " 2-9-82 286 (reference Resolution #3056) Fred Anderson, Treasurer, requested that only 18,000 notices and mailers be ordered at this time for a cost of $3,060.00 and the additional notices ordered at a later date since a change of address is contemplated. I Approved by motion of Supervisor Johnson and a unanimous voice vote. IN RE: RESOLUTION NO. 3057 ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE TO FURNISH 1982 PERSONAL PROPERTY TAX NOTICES. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a certain bid of Dominion Forms Service, Inc., being the lowest and best bid received by the County, in the amount of $2,733.66 to furnish eighty thousand 1982 personal property tax notices, upon all and singular the terms and conditions of the invitation to bid, the specifications of the County of Roanoke, the bidder's proposal and the provisions of this resolution, be, and hereby is accepted; and 2. That the County Administrator is hereby authorized and directed I to enter into a contract upon a form approved by the County Attorney with Dominion Forms Service, Inc. to furnish said tax notices; and 3. That all other bids for said work are hereby rejected and the County Clerk is directed to so notify such bidders and express the County's appreciation for the submission of their bids. Adopted on motion of Supervisor Minter and the following recorded vote. AYES: Supervisors Myers, Minter, Johnson, Burton and Park NAYS: None IN RE: RESOLUTION NO. 3058 ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE TO FURNISH 1982 PERSONAL PROPERTY AND REAL ESTATE TAX TICKETS. BE IT RESOLVED by the Board of Supervisors of Roanoke County, I Virginia, as follows: 1. That a certain bid of Dominion Forms Service, Inc. in the amount of $2,713.81 to furnish 1982 personal property and real estate tax tickets, being the best bid received by the County, upon all and singular the terms and conditions of the invitation to bid, the spec- ifications of the County of Roanoke, the bidder's proposal and the provisions of this resolution, be, and the same hereby is accepted; and - 2. That the County Administrator is hereby authorized and directed ~ ~ 2-9-82 287 to enter into a contract upon a form approved by the County Attorney with Dominion Forms Service, Inc. for the printing of these tax tickets; and 3. That all other bids for this work are hereby rejected and the I Clerk is directed to so notify such bidders and express the County's appreciation for the submission of their bids. Adopted on motion of Supervisor Minter and the following recorded vote. AYES: Supervisors Myers, Minter, Johnson, Burton and Park NAYS: None (Reference Resolution #3058) Purchasing Director Ed Fitzgerald reported that low bid from Moore Business Forms, Inc. was not accepted for this project since the Commissioner .' of Revenue noted that said company has not purchased a valid business license for the county. IN RE: RESOLUTION NO. 3059 ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE TO FURNISH THE INITIAL STOCK OF MOTOROLA PARTS AND ADDITIONAL PARTS AS NEEDED FOR THE COUNTY'S RADIO COMMUNICATIONS DIVISION. I BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a certain bid of Valley Communications, Inc. to furnish an initial stock of Motorola parts for use by the County's Radio Communications Division, in the amount of approximately $5,000, plus additional parts as needed, for a twelve month period, all of same to be at list price less 15%, be, and hereby is accepted; and 2. That the County Administrator is hereby authorized and directed to enter into a twelve month contract upon a form approved by the County the Clerk is directed to so notify such bidders and express the County's I I I I Adopted on motion of Supervisor Johnson and the following recorded vote. I I I II 3. That all other bids for this equipment are hereby rejected and I Attorney with Valley Communications, Inc.; and I I: , I' I \: I' I -j I : j appreciation for the submission of their bids. AYES: Supervisors Myers, Minter, Johnson, Burton and Park NAYS: None 2-9-82 288 IN RE: RESOLUTION NO. 3060 AUTHORIZING AND DIRECTING THAT A CERTAIN SUPPLEMENT BE PAID TO THE CHIEF ASSISTANT COMMONWEALTH'S ATTORNEY OF ROANOKE COUNTY. BE IT RESOLVED by the Board of Supervisors of Roanoke County, I Virginia, as follows: 1. That there be, and there hereby is authorized and directed to be established a supplement of $2,000 to be paid to the Chief Assistant Commonwealth's Attorney of Roanoke County; and 2. That the aforesaid supplement shall be paid in equal bi- monthly installments commencing February 1, 1982 and terminating June 30, 1982 unless authorized to he continued thereafter by further order of the Board of Supervisors. Adopted on motion of Supervisor Minter and the following recorded vote. AYES: Supervisors Myers, Minter, Johnson, Burton and Park NAYS: None IN RE: RESOLUTION NO. 3061 URGING THE ATTORNEY GENERAL TO STUDY THE POSSIBILITY OF INTERVENING ON BEHALF OF THE COMMONWEALTH IN THE CASE OF MUSSER, ET AL. ~ UNITED STATES OF AMERICA, ET AL. I WHEREAS, Appalachian Power Company (APCO) had been issued a license by the Federal Power Commission to build the Blue Ridge Hydroelectric Project on the New River; and WHEREAS, in reliance on such permit APCO expended millions of dollars in furtherance of such Project; and WHEREAS, after APCO had spent some fourteen years in study of the Project and expended millions of dollars, Congress adopted the Scenic Rivers Act of 1976 which nullified the license previously issued to APCO; and WHEREAS, APCO will now be compelled to turn to more expensive I sources of energy; and vffiEREAS, APCO customers in Virginia and West Virginia as of the present time have been impressed with the financial burden of the con- gressional action nullifying APCO's license, and the Federal Power Commission has estimated that the loss of this Project will cost APeO customers $500,000,000.00 in higher rates for electricity to be supplied from costlier alternative sources over the next thirty-five years; and --- ~ II""""" 2-9-82 289 WHEREAS, certain APCO customers have filed suit in the United States District Court for the Western District of Virginia under the style of Musser, ~ ala ~ United States ~ America, ~ al., against the United States, the State Corporation Commission of Virginia, and APCO, seeking recovery from the United States, and APCO if necessary, of the I damages that the customers allege they have borne and will bear in the form of higher rates because of the Governments's actions; and WHEREAS, the plaintiff customers in the aforesaid case have peti- tioned the Roanoke County Board of Supervisors to request the Attorney General to intervene in the case on behalf of the Commonwealth. THEREFORE, BE IT RESOLVED by the Roanoke County Board of Supervisors as follows: 1. The Attorney General is urged to study the possibility of intervening on behalf of the Commonwealth of Virginia in the case of Musser, ~ al. ~ United States of America, ~ al. (W. D. Va., Civil Action No. 81-0348). 2. The County Clerk is directed to forward an attested copy I of this resolution to the Honorable Gerald L. Baliles, Attorney General of the Commonwealth of Virginia. Adopted on motion of Supervisor Minter and the following recorded vote. AYES: Supervisors Myers, ~1inter, Johnson, Burton and Park NAYS: None Supervisor Minter expressed the importance of the above resolution and its effect on the public. I ! I I Supervisor Johnson related that at the recent VACO meeting which she attended, they adopted a similar resolution to forward to the Attorney General requesting intervention in this suit on behe.lf of Virginia citizens. I' I I IN RE: WATER PROBLEM- WOODLAND AREA Supervisor Johnson inquired of the County Engineer the status on a I water problem in the Woodland area at Colonial Avenue whereby a citizen, Mr. Cumbie, had a drainage problem near his driveway. Mr. Robertson informed that the State Highway Department did some repair work to correct the problem but this repair work created another water problem which they are now working to solve. I. ~; .., 2-9-82 290 Mrs. Johnson directed that a letter be sent to the Highway Departmen to aid Mr. Robertson's request to expedite this solution. I Mrs. Johnson noted that while in Richmond at the VACO meeting recently, she was made aware of some bills that will be coming before the General Assembly which will be of interest to Roanoke County and that she has alerted Mr. Buchholtz, County Attorney, so he can keep a watchful eye on their progress. IN RE: RESOLUTION No. 3062 Supervisor Burton presented the following resolution expressing the opinion of the Board of Supervisors and the County School Board urging the General Assembly to take certain action regarding local revenues. VACO is on record asking for a similiar request. I RESOLUTION EXPRESSING THE OPINION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY AND OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY, BOTH JOINTLY CONCURRING, AND URGING THE GENERAL ASSEMBLY OF VIRGINIA TO TAKE CERTAIN ACTIONS RELATING TO LOCAL REVENUES TO BE DISTRIBUTED BY THE COMMONWEALTH TO THE SEVERAL LOCALITIES THROUGHOUT THE COMMONWEALTH FOR SCHOOL PURPOSES. BE IT RESOLVED by the Board of Supervisors of Roanoke County and the County School Board of Roanoke County, both said bodies concurring: 1. That the said Boards do generally favor the proposal being considered relating to the salaries of teachers in the Commonwealth, said proposal being designated as the "incentive fund" plan; provided however, said Boards oppose any proposal that would cause local govern- ment to fund a substantial portion of such "incentive fund" absent authority delegated to each such locality to raise same from a source separate, apart and distinct from said localities present local revenue sources; and I 2. That said Boards do likewise urge the General Assembly of Virginia to reevaluate the present method employed by the State for funding the standards of quality imposed upon localities throughout the Commonwealth for educational purposes; and to adopt legislation and appropriation measures which will adequately fund the actual sums required to finance the standards of quality; and - ~ 2-9-82 291 3. That attested copies of this joint resolution of the Board of Supervisors of Roanoke County and the County School Board of Roanoke County forthwith be forwarded to the Clerk of the Senate and House of Delegates, respectively, and to the Honorable Dudley J. Emick, Jr. and the Honorable Ray L. Garland, Senators, and Honorable C. Richard Cranwell, Honorable G. Steven Agee, Honorable Clifton A. Woodrum and Honorable A. Victor Thomas, Delegates. Adopted by motion of Supervisor Burton and the following recorded vote. I AYES: NAYS: Supervisors Myers, Minter, Johnson, Burton and Park None Supervisor Minter reported that a number of complaints have been brought to his attention regarding stray dogs in the County. He feels more enforcement should be provided to alleviate this problem. Chairman Park relayed to Mr. Minter and Mr. Flanders that some pro- blems have been brought to his attention by the Bonsack Recreation Center since they were under the impression he is still Supervisor for that District. Mr. Minter and Mr. Flanders are aware of the problems involving senior citize I IN RE: EXECUTIVE SESSION On motion of Supervisor Johnson and a unanimous voice vote, the Board went into Executive session at 9:30 p.m. to discuss legal matters at the request of County Attorney James Buchholtz. IN RE: OPEN SESSION On motion of Supervisor Johnson and a unanimous voice vote, the Board reconvened in open session and on same motion and vote, immediately adjourned its meeting at 9:35 p.m. ~ I