3/24/1981 - Regular
-,
3-24-81
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Board of County Supervisors
Salem-Roanoke County Civic Center
Salem, Virginia
March 249 1981
The Board of County Supervisors of Roanoke County, Virginia, met
this day in open session at the Salem-Roanoke County Civic Center in Salem,
Virginia~ this being the fourth Tuesday and the second regular meeting of the
month of March.
Members present: Chairman Robert E. Myers, Vice Chairman Lawrence
E. Terry, and Supervisors May W. Johnson, Edward C. Park, Jr. and T. M. White.
IN RE:
CALL TO ORDER:
Chairman Myers called the meeting to order at 6:00 p.m. and on
motion of Supervisor Johnson and a unanimous voice vote, the Board went
immediately into Executive session to discuss legal matters.
IN RE:
CALL TO ORDER:
At 7:00 p.m. Chairman Myers again called the meeting to order.
IN RE:
INVOCATION
Invocation was offered by Dr. B. Conrad Johnston, Salem Baptist
Church, 103 Broad Street, Salem, Virginia; and the Pledge of Allegiance to
the Flag was recited in unison.
IN RE:
APPROVAL OF MINUTES
Supervisor Park stated a correction was in order for the minutes of
February 10, 1981. On page "387 'the iist !'Become Attuned to the Times," Mr.
Park stated he had voted "Nay" and asked this correction be TIade for those
minutes. The minutes of February 24th and March 10, 1981 were approved as
submitted.
IN RE:
ITEMS SUBMITTED FOR INFORMATIOn ONLY
The following items were submitted to the Board for information
only; received and filed.
(a) Jail report for February 1981
(b) Treasurer's Report for February 1981
(c) Referrals to Planning Commission
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IN RE:
PUBLIC HEARINGS
REQUEST OF KEVIN L. DODSON TO RENEW A PERMIT TO PLACE A *
MOBILE HOME ON A 1.01-ACRE TRACT LOCATED ON THE WEST SIDE *
OF A PRIVATE ROAD, O.l-MILE PAST THE END OF STATE MAIN- * APPROVED
TENANCE OF STATE ROUTE 827 IN THE CLEARBROOK AREA OF THE *
CAVE SPRING MAGISTERIAL DISTRICT. *
No one appeared to support this request and no one was present in
opposition. On motion of Supervisor Johnson and the following recorded vote,
the request was approved.
AYES:
Supervisors \fuite, Johnson, Park, Terry and Myers
NAYS:
None
IN RE:
REQUEST OF WALTER AND FRANCES LANE TO RENEW A PERMIT *
TO PLACE A MOBILE HOME ON A 1.0-ACRE TRACT LOCATED ON *
THE NORTHWEST SIDE OF STATE ROUTE 622 (BRADSHAW ROAD) * APPROVED
APPROXIMATELY O.25-MILE EAST OF ITS INTERSECTIO~ WITH *
STATE ROUTE 727 IN THE CATAWBA MAGISTERIAL DISTRICT. *
No one appeared to support or oppose this request. On motion of
Supervisor Terry and the following recorded vote, the request was approved.
AYES:
Supervisors White, Johnson, Park, Terry, and Myers
NAYS:
None
IN RE:
REQUEST OF JOHN W. CAMPBELL FOR REZONING FROM BUSINESS
DISTRICT B-1 TO BUSINESS DISTRICT B-2 OF A PARCEL OF
LAND CONTAINING ONE-ACRE LOCATED ON THE WEST SIDE OF U.S.
-- ROUTE 220 IN THE CAVE SPRING MAGISTERIAL DISTRICT.
*
"~APPROVED
*
*
John W. F. Haner, Attorney, was present to support this request.
Supervisor Johnson requested Mr. Haner to "go over" the c.onditions proffered.
FINAL ORDER AND CONDITIONS
NOW, THEREFORE, BE IT ORDERED that the aforementioned tract of land,
more particularly described below, be rezoned from Business District B-1 to
Business District B-2 and that a special use permit be granted permitting the
storage and sale of petroleum products thereon, subject to the condition,
however, that said tract of land will only be used for the establishment of a
convenience store and any use incident thereto including the storage and
sale of petroleum products:
All of that parcel of land situated along U. S. Route
No. 220 in the Cave Spring Magisterial District of
Roanoke County, Virginia, consisting of-one (1) acre,
more or less, as more particularly shown on a plat
entitled "Plat showing property (1.00 acre) being conveyed
to John W. Campbell by l1rs. Lorena A. Campbell, Heirs"
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Made by Buford T. Lumsden & Associates, P.C., Certified
Land Surveyors, dated December 4, 1980, a copy of said
plat being attached hereto (see next page).
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.
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CONDITIONS PROFFERED
The Petitioner will only utilize the land for the
establishment of a convenience store and any use
incident thereto including the storage and sale
of petroleum products.
Adopted on motion of Supervisor MayW. Johnson and upon the fo110win
recorded vote.
AYE S :
Supervisors White, Johnson, Park, Terry and Myers
NAYS:
None
IN RE:
PUBLIC HEARING TO CONSIDER PROPOSED ORDINANCE AMENDING *
CHAPTER 4, ARTICLE 5 OF THE ROANOKE COUNTY CODE REGARDING* APPROVED
BINGO GAMES AND RAFFLES *
Supervisor Johnson stated this hearing had been continued twice
L
because some items contained in the proposed ordinance were unsettled;
(1) who would be doing the accounting for renewals, and now the Commissioner
of Revenue states that he will be willing to do so. (2) I would like to
make this a trial period, if possible, to see if there is any problem with
"instant bingo" and if so, to bring this matter before the Board to be
reviewed.
ORDINANCE NO. 2816 M1ENDING CHAPTER 4, AMUSEMENTS, ARTICLE V.
BINGO GAMES.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That Chapter 4, Amusements, Article V. Bingo Games, Section Lf-
14. Permit required be, and hereby is repealed.
2. That there be, and there hereby is enacted a new Article V.
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entitled Bingo Games and Raffles, to read and provided as follows:
Article V. Bingo Games and Raffles
Section 4-14. Definitions.
1. "Organization" means anyone of the following:
(a) A voluntary fire department or rescue squad or auxiliary unit
thereof which has been recognized by an ordinance or resolution of the
political subdivision where the voluntary fire department or rescue
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DATE:
ij DEC. 1980
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PLAT SHOWI NG PROPERTY (I. 00 ACRES)
BEING CONVEYED TO
NOTE:
THIS PROPERTY IS NOT LOCATED IN
A SPECIAL FLOOD HAZARD AREA AS
DESIGNATED BY THE SECRETARY OF
HOUSING & URBAN DEVELOPMENT.
JOHN W. CAMPBELL
BY
MRS. LORENA A. CAMPBELL. HEIRS
4-i,;17ri, 't}~/~1\
I;J'> BUFO;D T. c;..
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- ~ BUFORD T. LUMSDEN It AI8OCIATU. P. C.
'-~Nl) SfTR""'''\ ~ CERTIFIED LAND SURVEYORS
.... ......., """,. * IIOAIIOKE. VIR 11I1J1A
SITUATED ALONG U. S. ROUTE #220
CAVE SPRING MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
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3-24-81
'1,
squad is located as being a part of the safety program of such political
subdivision.
(b) An organization operated exclusively for religious, charitable,
community or educational purposes; an association' of war veterans or
auxiliary units thereof organized in the United States, or a fraternal
association operating under the lodge system.
2. "Bingo" means a specific game of chance played with individual
cards having randomly numbered squar.es ranging .from onet tos.eve.nty-five,
in which prizes are awarded on the basis of designated numbers on such
cards conforming to a predetermined pattern of numbers selected at
random. Such cards shall have five vertical rows headed respectively by
the letters B.l.N.G.O., with each row having five randomly numbered
squares.
3. "Rafflel' means a lottery in which the prize is won by a ,random
drawing of the name or-prearranged number of one or more persons purchasing
chances.
4. "Instant bingo" means a specific game of chance 'played by the
random selection of one or more individually prepacked cards, with
winners being determined by the preprinted appearance of the letters
B.I.N.G.O. in any prescribed order on the reverse side of such card.
Section 4-15. Permi~ required~
(a) The conduct or operation of any bingo game or raffle in the
county except such bingo game or raffle conducted or operated pursuant
to a permit issued under this section, shall be unlawful and shall
constitute a Class 1 misdemeanor.
(b) Prior to the commencement of any bingo game or raffle by a
qualified- organization- as 'defined -in .thics article". 'such organization
shall be required to obtain an annual bingo/raffle permit from the Board
of Supervisors. Such permit shall only be granted after a reasonable
investigation has been :conducted by the.County .or its 'designated official.
An application for such annual permit shall be .accompanied by a check.in
the amount of $25.00 made payable to the treasurer of Roanoke County.
Thisap-p1.ication "fee maybe. waived ,at the discretion, of. the Board of
Supervisors. The application form shall be approved -by the BoaJjd of
Supervisors and such application shall be a matter of public record.
(c) Prior to the issuance of a permit under ,this section, ,the
applicant organization must meet the following requirements:
(1) Such organization shall have been in existence and met on a
regular basis in the county where application is made for a period of at
least two years; immediately prior t01making application for such permit.
(2) A permit shall be valid only in the-jurisdiction wherein the
application is approved and only at such locations 'as are designated in
the permit application. However, a permit may be issued to an organization
which relocates its meeting place on a permanent basis from one jurisdiction
to another and complies with the requirements of subsection (1) of this
section and provided further that such organization was the holder of a
valid permit at the time of such relocation. An organization which has
obtained a permit under this article to conduct ,a raffle ,may sell such
raffle tickets both in and out of the jurisdiction issuing such permit.
OJ" Such 'OLlganizationshall be (operated currently and sha.l1 have
always been operated in the past as a nonprofit organization and shall
have been in existence as such nonprofit organization for a period of at
least two years immediately prior to seeking a permit as hereinafter
provided.
(4) Any organization \-7hose gross receipts from all bingo operations
3-24-81
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exceed or can be expected to exceed fifty thousand dollars in any calendar
year shall have been granted tax-exempt status pursuant to Section 501 C
of the United States Internal Revenue Service.
(5) All permits shall be issued on a calendar basis and. unless
otherwise provided shall be valid for one calendar year beginning on the
first day of January.
(6) All applications for such permit shall be acted upon by the
Board of Supervisors within sixty days from the filing thereof.
Section 4-16. Frequency of conduct of bingo/raffle games,; special
permit.
No organization may hold bingo/raffle games more frequently than
two calendar days in anyone calendar week, except that a special permit
may be granted an organization which will entitle an organization to
conduct more frequent operations during carnivals, fairs and other
similar events at its principal meeting place or any other site selected
by such organization which is located in the County and does not violate
any other ordinance of the County.
Section 4-17. "Instant bingo".
(A) Any organization qualified to conduct bingo games pursuant to
this section is qualified to play "instant bingo" as a part of such
bingo games; provided however, that "instant bingo" may be conducted
only at such times as a regular bingo game as defined herein is in
progress and only at such location and such times as are specified in
the bingo permit.
(B) The gross receipts in the course of a reporting year for the
playing of "instant bingo" shall not exceed thirty.,..three. and one-third
per centum of the gross receipts of an organization's bingo operation.
(C) Any organization playing "instant bingo" shall maintain a
record of the date, quantity and card value of instant bingo supplies
purchased as well as the name and address of the supplier of 'such instant
bingo supplies. The Organization shall also maintain a written invoice
or receipt from a nonmember of the organization verifying any information
required by this subsection.
(D) No organization shall sell an "instant bingo" card to any
individual below sixteen years of age.
Section 4-18. Required reports and records.
(A) Complete records of all receipt.s and disbursements shall be
kept and shall be filed annually under oath with the Roanoke County
Commissioner of the Revenue. The annual or quarterly financial report
and other items required to be filed under this section shall be a
matter of public record. All such accountings shall be made on or
before the first day of November of each calendar year for which a
permit has been issued. Such accounting shall include a record of the
gross receipts and disbursements of an organization for the year period
which commenced on the first day of October of the previous year.
Provided, however, any organization whose gross receipts exceed fifty
thousand dollars during any calendar quarter shall be required to file
an additional accounting of its receipts and disbursements during such
quarter no later than sixty days following the last day of such quarter.
"Cross receipts," as used in this section, shall mean the total amount
of money received from bingo and "instant bingo" operations before the
deduction of expenses or prizes.
(B) (1) All such reports of receipts and disbursements shall be
made on a form approved by the Board of Supervisors and duly acknowledged
in the presence of an authorized notary public. Failure to file such
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reports when due shall cause the automatic revocation of the permit and
no such organization shall conduct any bingo game or raffle thereafter
until such re.port is properly filed and a new permit is obtained.
(2) Such financial report shall be accompanied by a certificate,
verified under oath, by the Board of Directors of the organization that
the proceeds of any bingo games or raffles have been used for those
lawful, religious, charitable, community or educational purposes for
which the organization is specifically chartered or organized and that
the operation of bingo games or raffles has been in accordance with
these provisions of the Roanoke County Code.
(C) Notwithstanding the provisions of this article requiring an
annual audit the .provisions of this section shall not be construed so as
to prohibit the. Board of Supervisors from performing unannounced audits
or restrict any right of such official to secure records required to be
maintained by the provisions.of this article. Any such official shall
have the authority to go upon the premises on which any organization is
conducting a bingo game for the purpose of carrying out the duties
imposed by this article. The application for the bingo permit ,shall
constitute ~ermission fro~, and authority granted by, such or.ganization
to any law-enforcement officer or any official designated by the .Board
of Supervisors to enter upon such premises.
(D) The organization shall maintain a record in writing of the
dates on which bingo is played, the number of people in attendance on
each date and the amount of the receipts and prizes paid on each such
day. The organization shall also maintain a record of'thename and
address of each individual to whom a door prize, regular or special
bingo game prize or jackpot from the playing of bingo is awarded, as
well as the amount of such award. The organization playing bingo shall
also maintain an itemized record of all receipts and disbursements,
including operating costs and use of proceeds incurred in operating
bingo games.
Section 4-19. Audit of reports - fee.
All such reports filed pursuant to this section shall be audited by
the Roanoke County Commissioner of the Revenue. All such reports shall
be a matter of public record. The commissioner of the revenue is hereby
authorized to charge a minimum audit fee of $25 and a maximum audit fee
of one per cent of gross receipts which an organization reports pursuant
to this section. Such audit fee shall be payable by the applicant to
the Conunissioner of the Revenue and such amount charged.bythe.Commissioner
shall represent the amount of time and other services expended by the
Conunissioner on the audit.
Section .4-20. Suspension or revocation of permit.
The Board of Supervisors may. deny, suspend or revoke the permit of
any organization found not to be in strict compliance with the provisions
of this article. In the event that an organization violates the provisions
of this article then the County Attorney is hereby authorized to apply
to the Circuit Court for an injunction.restraining the continued operation
of bingo games or raffles or any aspect thereof.
Section 4-21. Hearings and appeals.
No permit to conduct bingo games or raffles shall be denied, suspended
or revoked except upon written notice stating the proposed basis for
such action and the time and place for a hearing thereon. The Board of
Supervisors, after conducting a hearing on the issues, may refuse to
issue or may suspend or revoke any permit if it deems any organization
has not complied with the provisions of this article. Any organization
aggrieved by the decision of the local governing body may appeal such
decision to the circuit court.
3-24-81
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Section 4-22. Prohibited practices.
In addition to those other practices prohibited by this article,
the following acts or practices shall also be prohibited under the
provisions Qf this article:
A. Except for reasonable and proper operating costs and prizes, no
part of the gross receipts derived by an organization, as herein defined,
permitted to conduct bingo games or raffles may be used for any purpose
other than those lawful religious, charitable, community or educational
purposes for which the organization is specifically chartered or organized.
Any violation of this subsection shall constitute a Class 6 felony.
B. No orga..nization shall enter into a cQntract with, or otherwise
employ for compensation any person, firm, association, organization,
partnership, or corporation of any classification whatsoever for the
purpose of organizing, managing or conducting bingo games or raffles.
C. No person, fir.rn, association, organization, partnership, or
corporatioQ shall p~y or receive for use.of ~ny premises devoted, .in
whole or in part, to the conduct of bingo games or raffles any consid-
eration in exceps of the current_ f.Clir markE;!t rental value of_such property.
For purposes of this article, no fair market rental value consideration
shall be based upon or determined by reference to a percentage of the
proceeds derived from the operation of bingo games or raffles nor.shall
such consideration be based upon or determined by any reference to the
number of people in attendance at such bingo games or raffles. Each day
in violation of this subsection shall constitute a separate Class 1
misdemeanor.
D. No building 9r~ther premises shall be utilized in whole orin
part for the purpose of conducting bingo games more frequently than two
calendar days in anyone calendar week; provided, however, that the pro-
visions of this subsection shall not apply to the playing of bingo
pursuant to a special permit issued in accordance with subsection 4-16.
Nor shall the provisions of this subsection apply to any building or
premises owned by an organization as defined in subsection 4-14 of this
article and qualified as a tax exempt organization pursuant to Section
501-C of the Internal Revenue Code. One building or premises owned by
any county, city or town shall also be exempt from the provisions of
this subsection.
E. No person, except a~ona fide member of any such organization
who shall have been a amember of such organization for at least ninety
days prior to such partic-ipation, shall participate in -the management,
operation or conduct of any bing~ game or raffle, and no person shall
receive any remuneration for participating in the management, operation
or conduct of any such game or raffle, provided that the spouse of any
such bona fide memeber or a fire fighter or rescue squad member employed
by Roanoke County with which the volunteer fire fighter or rescue squad
member is associated may participate in the operation and conduct of a
bingo game or raffle is a bona fide member is present.
F. No organization shall enter. into any cont:ract: with or ot-herwise
employ or comensate any member of that organization regarding the sale
of bingo supplies or equipment.
G. No organization shall award any prize money or any merchandise
valued in excess.of the following amounts: (i) No: door prize shall
exceed twenty-Eive' dolla:r;s., (ii) No regular bingo. or special bingo igame
shall exceed.onehundred dollars, -and (iii) No jackpot of any nature
whatsoever shall exceed one thousand dolla.rs. ,In no' event shalll any
organization join -with any other organization in establishing or contributing
to the maintenance of. any Jackpot.
H. No organization shall place or cause to be placed any sign or
signs advertising any bingo game within one hundred yards of the exterior
of the premises where such bingo game is to be played.
3-24-81
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This amendment to take ,effect on
March 24,. 1981
Adopted on motion of Supervisor Johnson and the following recorded vote.
AYES:
Supervisors White, Johnson, Park, Terry and Myers
NAYS:
None
IN RE:
PUBLIC HEARING TO CONSIDER AMENDMENT TO SECTION 21-15 OF
THE ROANOKE COUNTY CODE FOR THE PURPOSE OF REGULATING
EXISTING AND FUTURE HOG OPERATIONS IN ROANOKE COUNTY AND
PROTECTION OF PUBLIC HEALTH AND WELFARE
This public hearing was continued from the meeting of March 10.
Bruce Hayer, Assistant County Attorney, informed the Board of a change which
had been made ,in ,the proposed ,Or.dinance which would 2.ll0f'17 the hog operator
to utilize all of his property by allowing hogs to feed or graze up to the
property line but not to include any feeding stations or feeding sites.
Lowell Gobble, Virginia Tech Extension ,Agent,. stated. his concern
that if this Ordinance is adopted, what will happen to chicken farmers, goats,
and cows for this same type of situation.
Some citizens spoke regarding problems they were having in specific
areas of the County.
Supervisor White moved to have the County Attorney .and the Planning
Department to look again at the Ordinance.
Supervisor Park made a ,substitute motion that the County Attorney
and Mr. Gobble go a different route, possibly by nuisance or,menace or some-
thing else becaus,e"I think it will end ,up in a suit.;." adopted by the
following recorded vote.
AYES:
Supervisors \{hite, Johnson, Park, Terry and Myers
NAYS:
None
Supervisor White moved to withdraw his motion; adopted by unanimous
voice vote.
Hrs. Johnson stated .she would contact the Health Department in the
summer regarding the Big Hill area's problem with hogs.
IN RE:
REQUEST FROM CLEAN VALLEY COMMITTEE TO PROCLAIM APRIL
AS CLEAN VALLEY MONTH IN THE ROANOKE VALLEY
A proclamation vms issued by Chairman Myers proclaiming April as
Clean Valley Month; adopted by a unanimous voice vote.
3-24-81
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IN RE:
WALKING DAY IN ROANOKE
Chairman Myers asked Bruce Mayer, Attorney, to read aloud a proclama-
tion prepared which proclaims April 5, 1981 as -Walking Day in Roanoke on behalf
of Blue Cross and Blue Shield, YMCA and the Pres'ident's Council on Physical
Fitness and Sports; adopted on motion of Supervisor Johnson and a unanimous
voice vote of the Board.
IN RE:
RESOLUTION NO. 2817 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO MRS. CRANNIE A.
LEONARD FOR THIRTY-FIVE YEARS OF SERVICE TO THE COUNTY
WHEREAS, Mrs. Chanrtie A. Leonard was 'employed by the County of
Roanoke on SeFtemb-er 1, 1946 as one of the first employees of the
Roanoke County Library System and whereas during her period of service
she did serve in many capacities and did hold many titles; and
WHEREAS, she did hold the position of Acting Library Director for
six months during 1971; 'and
WHEREAS, most recently during her loyal career she has made numerous
citizens of Roanoke County friends of the library through her friendly
and courteous service at the circulation desk of the Library Headquarters
on Route 419; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County express its heartfelt appreciation and the appreciation
of the citizens of Roanoke County to Mrs. Channie A. Leonard for het
service of thirty-five years service in the Roanoke County Public
Library System; and
FURTHER, the Board of Supervisors does, on behalf of the citizens
of Roanoke County, express its best wishes for a happy, restful, and
productive retirement.
BE IT FURTHER RESOLVED that an attested copy of this resolution duly
authenticated be forthwith presented to Mrs. Channie A. Leonard.
Adopted on motion of Supervisor Terry and the following recorded vote.
AYES:
Supervisors White, Johnson, Park, Terry and Myers
NAYS:
None
Chairman ~:Ters presented Mrs. Leonard a $50.00 savings bond and
extended his best wishes on behalf of the Board, employees, and citizens of
Roanoke County.
3-24--81
~ ~
it ,. j
IN RE:
COUNTY ADMINISTRATOR
REPORT - ~OTOR FUEL DISPENSING
Chairmav. Myers explained to those preseat that Administrator Clark
was out of to~n due to a death in his family, and he would like to hold this
matter over until Mr. Clark can be present; approved by una.nimous voice vote.
IN RE:
REPORT - FIRE INSURANCE SURVEY AND CLASSIFICATION
Darrell Shell, Acting County Ad~inistrator, informed the Board that
Bob Honroe, Fire Coordinator, has some information regarding this report.
Chairman Myers asked Mr. Monroe to tell the good news about the County's
fire insurance position. Mr. Monroe stated that a survey was done last year
to evaluate the fire defenses of the community and as a result of that survey,
the County has moved from a class 1D--Rural ratlng Grade 6 which results
in a decrease in rates for the County and some citizens. Pertinent informatio
is filed with t.he minutes of thi.s meeti!lg; received and fi.led.
IN RE:
PROPOSED BUDGET FISCAL YEAR 1981-82
Les Johnson, Chief Accountant, submitted to the Board the proposed
budget for fiscal year 1981-82 based on .80~ real estate tax rate. Mr.
Johnson stated he would like to reserve any comment for Administrator Clark
upon his return to the office. He further stated a copy of the budget would
be available the following day at each County library and the office of the
County Administrator for public inspection; received and filed.
IN RE:
REQUEST FOR OUT-OF-TOWN TRAVEL
Mr. Shell informed the Board that in addition to the requests
included previously, he has two additional requests, (1) for Gene Robertson
to attend a workshop in Richmond which relates basically to the Soil Conser-
vation program and which would cost approximately $125.00 (2) for Michael
Lazzuri, Court Services, to attend a meeting in Abingdon, Virginia; adopted
on motion of Supervisor Terry and the following recorded vote.
AYES:
Supervisors ~~ite, Johnson, Park, Terry and Myers
NAYS:
None
3-24-81
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IN RE:
ENGINEER
Gene Robertson, Engineer, reminded the Board that previously the
Board approved a request whereby the State Highway Department accepted
Mockingbird Hill Road in Vinton, Virginia into the Stated Secondary Highway
system. The Highway Department did not approve the wording previously used
and a new resolution which would be acceptable is submitted for consideration.
RESOLUTION NO. 2818 FURTHER RECOMMENDING THAT A RURAL
ADDITION BE MADE TO THE VIRGINIA SECONDARY HIGHWAY SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke, Virginia, as
follows:
1. That the Board does hereby advise the Virginia Department of
Highways and Transportation that pursuant to Code Section 33.1-72.1 (c 1)
it is hereby requesting that Mockingbird Hill Road in the Vinton Magisterial
District from Virginia Secondary Route 610 to the end of Mockingbird Hill
Road be improved and brought into the Virginia Secondary Highway System
utilizing state highway funds allocated to Roanoke County for the purpose
of making rural additions; and
2. That the Board does hereby guarantee the right-of-way, its
width and the right of drainage for this proposed addition; and
3. That the County Administrator is hereby directed to correspond
this request to the Virginia Department of Highways and Transportation.
Adopted on motion of Supervisor Park and the following recorded vote.
AYES:
Supervisors White, Johnson, Park, Terry and Myers
NAYS:
None
IN RE:
PRESENTATION OF PETITIONS
Chairman Terry recognized Mr. John Hull, citizen, who presented
petitions to the Board requesting that the real estate tax rate be set at no
more than .80~ per $100.00 value. Mr. Hull stated these petitions are
being circulated County-wide to be presented to the Board which will ultimately
contain between 4,000 and 5,000 signatures. Mr. Hull requested some informatio
regarding the school system and Chairman Myers referred him to Dr. Ergle.
3-24-81
IN RE:
EXECUTIVE SESSION
County Attorney James Buchholtz requested the Board go into
Executive session to discuss a legal matter. On motion of Su?ervisor Terry
and a unanimous voice vote, the Board went into Executive session at 8:00 p.m.
IN RE:
RECONVENEMENT
At 9:05 p.m. on motion of Supervisor Johnson and a unanimous voice
vote, the Board reconvened in open session.
IN RE:
SCHOOL A.DHINISTRA'I'ION
John T. Liddy, Supervisor of Driver Education~ was present and
stated the Administration's request for an appropriation of $4,000 for
expansion of the 110torcycle phase of the Driver Education program. This
amount if 100% reimbursable for the federal government. This is for training
purposes only.
An unidentified citizen was recognized and stated that since he
pays federal taxes, he feels this request is not necessary for the school
administration as part of the Driver Education program and he would like to se
the Board say no to this request.
APPROPRIATION RESOLUTION NO. 2819
DESCRIPTION
ACCOUNT NUMBER
INCREASE
(DECREASE)
Class:
Fund:
Object:
Expenditures
Federal Programs
Driver's Education
25-6-25000-85POO
$4,000
Class:
Fund;
Source:
Revenue
Federal Projects
Driver Education
25-5-25000-85POO
$4,000
Adopted by motion of Supervisor Park and the following recorded vote.
AYES:
Supervisors White, Johnson, Park, Terry and Myers
NAYS:
None
Chairman Myers stated he voted yes to this request on the condition
that it is not a reoccuring item.
3-24-81
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IN RE:
BID COMMITTEE
BID: AMBULANCE - BENT MOUNTAIN RESCUE SQUAD U8
At this point Chairman Myers relinquished the Chair to Vice Chairman
Terry. Mr. Myers moved to comply with the Bid Committee's recommendation and
approve bid for $45,530.15 to First Piedmont Corp.
Vice Chairman Terry then turned the Chair back to Chairman Myers and
made a substitute motion that bid for $47,982.00 to J & J, Inc. be approved.
Mr. Terry stated that citizens on Bent Mountain feel the Conaway Coach would
better fit their use and this is the reason for the substitute motion;
adopted by the following recorded vote.
RESOLUTION NO. 2820 ACCEPTING A CERTAIN BID MADE TO THE COUNTY
OF ROANOKE FOR THE PURCHASE OF ONE MODULAR TYPE AMBULANCE
TO SERVE THE BENT MOUNTAIN RESCUE SQUAD.
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows~
1. That a certain bid of J & J, Inc. in the amount of $47,982.00, being
the lowest conforming bid for the purchase of one modular type ambulance
to serve the Bent Mountain Rescue Squad, 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 is hereby ACCEPTED: and
2. That the County Administrator be, and he hereby is authorized
and directed to enter into a contract upon a form approved by the County
Attorney with J & J, Inc. for this purchase; and
3. That all other bids for said vehicle are hereby REJECTED and the
County Clerk is directed to so notify such bidders and express the
County's appreciation for submitting such bids.
AYES:
Supervisors White, Johnson, Park, and Terry
NAYS:
Chairman Hyers
IN RE:
RESOLUTION NO. 2821 ACCEPTING A CERTAIN BID MADE TO THE
COUNTY OF ROANOKE FOR THE PURCHASE OF MISCELLANEOUS RADIO
EQUIPMENT FOR VARIOUS COUNTY DEPARTMENTS
BE IT RESOLVED by the ~oard of Supervisors of Roanoke County,
Virginia, as follows:
1. That a certain bid of Aetron, Inc. in the amount of $28,815.50,
being the lowest bid for the purchase of miscellaneous radio equipment
3-24-81
for use by various County departments, 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 is hereby ACCEPTED: and
2. That the County Administrator be, and he hereby is authorized and
directed to enter into a contract upon a form approved by the County Attorney
with Aetron, Inc" for this purchase; and
3. That all other bids for said radio equipment are hereby REJECTED
and the County Clerk is directed to so notify such bidders and express
the County's appreciation for submitting such bids.
Adopted on motion of Supervisor Terry and the follo\ving recorded vote.
AYES:
Supervisors White, Johnson, Park, Terry and Myers
NAYS:
None
IN RE:
RESOLUTION NO. 2822 AUTHORIZING THE COUNTY OF ROANOKE TO
ENTER INTO A LEASE AGREEMENT FOR TWO AUTOMOBILES TO BE USED
BY THE SHERIFF'S DEPARTMENT.
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follol/7s:
1. That the County of Roanoke is hereby authorized to enter into
a twelve month lease agreement with Virginia Auto Leasing Company, Inc. of
Sa1em~ Virginia; by this agreement the vendor will furnish two vehicles
with the option of exchanging the vehicles every three months at no extra
cost for the sum of $185.00 each per month which figure includes cost of
tags, taxes and all maintenance for total lease fee of $2~200 per year
per vehcile; and
2. That the County Administrator is hereby authorized to enter
into this agreement upon a form approved by the County Attorney.
Adopted on motion of Supervisor Johnson and the following recorded vote.
AYES:
Supervisors White, Johnson, Park, Terry and Myers
NAYS:
None
3-24-81
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IN RE:
RESOLUTION NO. 2823 ACCEPTING A CERTAIN PROPOSAL FOR AUDIT
SERVICES FOR THE FISCAL YEARS ENDED JUNE 30, 1981, 1982 AND
1983
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the proposal of Ernst & Whinney to perform audit services
for the fiscal years ended June 30, 1981, 1982 and 1983, be, and hereby is
ACCEPTED; the cost to perform the annual audit for the fiscal year ending
June 30, 1981 to be $32,200; and
2. That the County Administrator is hereby authorized to enter
into a three year agreement upon a form approved by the County Attorney with
Ernst & Whinney providing for these audit services and providing for the
first year cost of these services at $32,200.
Adopted on motion of Supervisor Terry and the following recorded vote.
AYES:
Supervisors White, Johnson, Park, Terry and Myers
NAYS:
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor White stated that in view of the fact that Roanoke
County needs all the money we can get, he would like to take a look at the
Fifth Planning Commission in comparison with the job the County Planning
Commission is doing. He urged that the County withdraw from the Commission
and keep those funds within the County. Mr. White moved that the County
withdraw from the commission effective June 30, 1981.
Supervisor Park stated the amount of money involved is approximately
$13,000 which is equivalent to one person's salary. Our Planning staff
doesn't have the manpower to carry out all the things the commission does
nor the expertise to hunt for federal grants. Therefore, Mr. Park made a
substitute motion that the County not withdraw from the Fifth Planning
Commission for legal reasons.
On motion of Supervisor White and the following recorded vote, the
withdrawal from the Fifth Planning Commission was adopted.
AYES: Supervisors White, Terry and Myers
NAYS: Supervisor ParI:
ABSTAIN: Supervisor Johnson
3-24-81
it
'i .~ s'
Mrs. Johnson stated that she had only learned of this request that
afternoon and did not have time to find out all the necessary information to
make a valid decision.
Supervisor Johnson stated she would like to relinquish her position
on the negotiating committee for the school contract with the City of Salem
and moved that Dr. William Ergle be appointed in her stead. Mrs. Johnson
said Dr. Ergle is a member of the School Board and feels they need to have
some part in the negotiations; by motion of Supervisor Park and a unanimous
voice vote, Mrs. Johnson's resignation was accepted.
Dr. Ergle's appointment
was approved by the following recorded vote.
AYES:
Supervisors White, Johnson, Park, Terry and Myers
NAYS:
None
Hrs. 30hne,on further requested the County Attorney to look at the
County Code pertaining to multi-family dwellings and see if there is anything
in addition to what the c.ode nm,T states that is needed. The reason for this
request, stated Mrs. Joh:i:lson~ is that her district he..s a lot of multi-.family
dwellings and there's been sone contro'..rersy of late in regard to this type
of construction.
Supervi30r Park informed those present that he too is relinquishing
his seat on the negotiating co~ittee for the school contract "dth the City
of Salem and in his stead would like to move that Dr. Harry Nickens be
appointed to fill that position. Mr. Park stated that he feels the school
administration should have more representation on the co:r.nnittee because the
present committee does not have the expertise to negotiate some items of
concern.
Supervisor \fuite stated his recommendation that Mr. James Wymer,
Hollins District representative, be appointed to fill that position because
of his involvement in the business world.
On motion of Supervisor Johnson and a unanimous voice vote of the
Board, the resignation of Supervisor Park was accepted.
On motion of Supervisor Park that Dr. Harry Nickens be appointed to
fill his position the following vote was recorded.
3-24-81
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AYES:
Supervisors Johnson and Park
NAYS:
Supervisors White, Terry and Myers
Supervisor Johnson voted yes because Dr. Nickens is from the Vinton
District and is the person representing Vinton on the School Board.
Supervisor Park voted yes because the other Board members are
representing their district on this negotiating team and "I feel like this way.
Vinton is also represented as far as the school is concerned."
Motion of Supervisor White to appoint Mr. James Wymer to the
negotiating team was recorded by the following vote:
AYES:
Supervisors White, Terry, Myers, and Johnson
NAYS:
Supervisor Park
Supervisor Park voted no because of two representatives being from
the Hollins District and did not feel this is fair because his district needs
a representative also.
Supervisor Johnson stated she did not object to Mr. Wymer and since
Dr. Nickens was voted down she would go along with it.
Chairman Myers stated he voted yes because it gives a business
person plus an educator on the committee and both would be useful in the
negotiations.
Supervisor Terry stated that in the event he later gets off the
negotiating committee he will recommend Dr. Nickens.
IN RE:
ADJOURNMENT
On motion of Supervisor White and a unanimous voice vote, the Board
/poLl!: 'f/::; ~
CHAIRMA
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adjourned at 9:35 p.m.