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8/9/1983 - Regular 8-9-83 n 9..- ~. ~ Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S. w. Roanoke, V A 24015 August 9, 1983 The Board of Supervisors of Roanoke County, Virginia met this day in open session at the Roanoke County Administration Center, Roanoke, Virginia, this being the second Tuesday and the first regular meeting of the month of August, 1983. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:02 p.m. The roll call was taken: MEM BERS PRESENT: Chairman May W. Johnson, Vice Chairman Harry C. Nickens, Supervisor Robert E. Myers MEM BERS ABSENT: Supervisors Athena E. Burton, Gary J. Minter IN RE: EXECUTIVE SESSION Supervisor Johnson entertained a motion to go into Executive Session pursuant to the Code of Virginia, Section 2.1-344(a) (1), (2), and (6) to discuss personnel, real estate, and legal matters. Supervisor Nickens made the motion, and it carried by a unanimous voice vote. Supervisor Burton arrived at 3:03 p.m. and Supervisor Minter arrived at 3:07 p.m. IN RE: OPEN SESSION Supervisor Myers moved to return to open session at 4:10 p.m., and the motion carried by a unanimous voice vote. Work Session - Sheriff's Department, Additional Personnel At the suggestion of Supervisor Minter and approval of the Board, Sheriff o. S. Foster was requested to appear at this work session to report on the cost for additional personnel and the current problems imposed by existing staff limitations. 30 8-9-83 0' . o o ,_ __0 Four additional officers (one for each platoon) were requested at an annual expenditure of $92,440. Sheriff Foster indicated that if this amount of money is available for the Sheriff's Department that it would be more important to invest money in improving and updating their computer system. Lieutenant Landon S. Gibbs was present to answer questions about the computer system. Chairman Johnson asked whether any grants were available for this type of equipment; and Supervisor Minter moved to refer this to the staff for research. The motion carried by a unanimous voice vote. Work Session - Demolition Services At Vinton Library County Administrator, Donald R. Flanders explained that due to the recent collapse of the roof at the Vinton Library, a portion of that building has been determined to be unusable and uninhabitable. A proposal has been submitted from VVKR and E. J. Minter for demolition of the collapsed portion of the library. Supervisor Minter moved the following resolutions: RESOLUTION NO. 83-138 ACCEPTING A CERTAIN PROPOSAL MADE TO THE COUNTY OF ROANOKE FOR DEMOLITION OF THE COLLAPSED PORTION OF THE VINTON BRANCH LIBRARY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain proposal of E. J. Minter & Son in the amount of $3,800.00, being the best bid submitted for demolition of the collapsed portion of the Vinton Branch Library, 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, be, and the same hereby is ACCEPTED; and 2. That the County Administrator is hereby authorized and directed to enter into a contract upon a form approved by the County Attorney for this work; and 3. That all other proposals for this 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. 8-9-83 31 4. That an emergency exists which requires that action be immediately taken thereby obviating the necessity for strict compliance with the Procurement Ordinance. AYES: NA YS: Adopted by the following roll call vote: Supervisors Minter, Burton, Nickens, Myers, Johnson None RESOLUTION NUMBER 83-138.a On motion made by Supervisor Minter, the General Appropriation Resolution of Roanoke County, Virginia, adopted June 14, 1983 be, and is the same hereby amended as follows to become effective August 9, 1983: DESCRIPTION Class: Fund: Object: Fund: Object: Object: Class: Fund: Object: AYES: NAYS: ACCOUNT NUMBER INCREASE (DECREASE) Expenditures Capital Projects Vinton Library 16-6-60144-00000 $4,000 General Operating Transfer to Capital Projects 03-6-09316-90016 Unappropriated Balance 03-6-99999-99999 4,000 (4,000) Revenues Capital Projects Transfer from General Fund 16-5-51030-000000 4,000 Adopted by the following roll call vote: Supervisors Minter, Burton, Nickens, Myers, Johnson None Work Session - Driver Improvement Program Director of Court Services, Mike Lazzuri explained to the Board that the judges of the Juvenile and Domestic Relations Court, the Court Staff, and the Staff of the Roanoke Valley Alcohol Safety Action Program are requesting the establishment of a Driver Improvement Program for Juvenile Traffic Offenders. The program will be self- supporting by the participants - each one being required to pay a fee of $20 for the class and court costs. Supervisor Myers moved the following prepared resolution: as follows: RESOLUTION NO. 83-139 PROVIDING FOR THE ESTABLISHMENT OF A "JUVENILE AND DOMESTIC RELATIONS COURT DRIVER IMPROVEMENT PROGRAM" UPON CERTAIN TERMS AND CONDITIONS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, 32' 8-9-83 1. That the establishment of the "Juvenile and Domestic Relations Court Driver Improvement Program" by the Juvenile and Domestic Relations Court, Twenty-third Judicial District, be, and hereby is, ratified, confirmed and approved; and 2. That such program be administered by the Juvenile and Domestic Relations Court, Twenty-third Judicial District; and 3. That the Juvenile and Domestic Relations Court Driver Improvement Program be self-supporting, to be operated wholly from funds collected as fees from program participants, with each person participating in the program being required to pay a fee of twenty dollars, or such other sum as may be fixed pursuant to law for participating in this program; and 4. That the Juvenile and Domestic Relations Court Driver Improvement Program shall be operated in cooperation with the Roanoke Valley Alcohol Safety Action Program in accordance with the provisions of the Code of Virginia, as amended, with participation restricted to referrals from the Juvenile and Domestic Relations Court; and 5. That an attested copy of this resolution be forthwith forwarded to the Juvenile and Domestic Relations Court, Twenty-third Judicial District. Adopted by the following roll call vote: AYES: NAYS: Supervisors Minter, Burton, Nickens, Myers, Johnson None IN RE: EXECUTIVE SESSION At 5:07 p.m. Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344(a) (1), (2), and (6) to discuss personnel, real estate, and legal matters. The motion carried by a unanimous voice vote. 8-9-83 33 IN RE: RECESS Supervisor Myers moved for a dinner recess at 5:47 p.m., and the motion carried by a unanimous voice vote. IN RE: REGULAR SESSION At 7:00 p.m. Chairman Johnson called the regular meeting to order. The roll call was taken. MEM BERS PRESENT: Chairman May W. Johnson, Vice Chairman Harry C. Nickens, Supervisors Athena E. Burton and Robert E. Myers MEMBERS ABSENT: Supervisor Gary J. Minter IN RE: OPENING CEREMONIES Vice Chairman Harry C. Nickens offered the invocation. The Pledge of Allegiance was recited by all present. IN RE: PUBLIC HEARING Chairman Johnson explained that there would be a deviation from the Agenda, and that Item 5 under Public Hearings would be considered first since the attorney for the petitioner, Mr. Ed Natt, had to leave. PETITION OF NICHOLAS MUNGER AND ANNE S MUNGER TO REZONE A PARCEL OF LAND CONTAINING 32.647 ACRES, LOCATED ON STARKEY ROAD FROM INDUSTRIAL DISTRICT M-l TO RESIDENTIAL DISTRICT R-3 WITH CONDITIONS, IN ORDER TO PERMIT CONSTRUCTION OF APARTMENT BUILDINGS IN THE CAVE SPRING DISTRICT. APPROVED Since the petition was unanimously approved by the Planning Commission and there was no opposition, Supervisor Myers moved the petition be granted. FIN AL ORDER NOW THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Supervisors of Roanoke County that pursuant to the provisions of law, the following property be reclassified and rezoned from Industrial District, M-l, to Residential District, R-3, in order to permit the construction of apartment units on the said 32.647 acre parcel, and described as follows: '34' 8-9-83 ~ ~ BEGINNING at a point on the south side of Starkey Road, at the northwest corner of the property of G. H. Board and the northeast corner of Nicholas Munger and Anne S. Munger; thence S. 00 30'10"E. 224.72 feet to the actual PLACE OF BEGINNING; thence S. 00 30' 10"E. 1406.60 feet to a point; thence N. 850 00' W. 86.6 feet to a point; thence N. 660 00' W. 264.0 feet to a point; thence S. 870 30' W. 237.6 feet to a point; thence N. 700 00' W. 330.0 feet to a point; thence S. 430 30' W. 330.0 feet to a point; thence S. 72015' W. 313.5 feet to a point; thence S 820 53'W. 270.1 feet to a point; N. 130 15' E. to a point; thence N. 830 00' E. 91.72 feet to a point; thence N. 180 09' 00" E. 865.58 feet to a point; thence N. 630 32' E. 320.60 feet to a point; thence N. 810 08' W. 973.73 feet to a point, the actual PLACE OF BEGINNING, and containing 32.647 acres, as shown on plat shown property to be rezoned situated at the intersection of Starkey Road and N & W Railway, prepared by Buford T. Lumsden & Associates, P. C., Engineers and surveyors, dated June 6, 1983, for Nicholas Munger and Anne S. Munger. with the following conditions attached thereto: (1) The site shall be developed in accordance with the site plan prepared by Gregory & Associates. (2) A second access shall be provided from Starkey Road. BE IT FURTHER RESOLVED AND ORDERED that the Clerk transmit a certified copy of this Final Order to the County Planner so that the zoning maps of Roanoke County may be amended to reflect this rezoning. Adopted by the following roll call vote: AYES: Supervisors Nickens, Myers, Johnson NAYS: None ABSENT: Supervisor Minter ABSTAIN: Supervisor Burton IN RE: CONSENT AGENDA Chairman Johnson asked if there were any items to be removed for discussion from the Consent Agenda. Supervisor Burton requested Items 1, 17, 26, 28, 30, 31, and 33. Supervisor Nickens requested Items 22 and 29. Superintendent of the Department of Fiscal Management, John Chambliss, requested Item 7. Supervisor Minter arrived at 7:15 p.m. Supervisor Burton moved for the Consent Agenda deleting Items 1, 7, 17, 22, 26, 28, 29, 30, 31, and 33: 8-9-83 35 RESOLUTION NO. 83-140 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM B - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain section of the agenda of the Board of Supervisors for August 9, 1983, designated as Item B - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated as Items 1 through 34, inclusive, as follows: 1. Approval of minutes - 6/28, 6/29, 6/29 - Legislative Meeting, and 7/12 2. Report: Salary supplement Commonwealth Attorney's Office - Resolution 3. Report: Appropriation - Animal Control Facilities at Roanoke Valley SPCA - Resolution 4. Letter from the Department of Highways and Transportation accepting the following streets into the State Highway Secondary System: Canter Drive and Squires Court - Canterbury Park Subdivision 5. Report: Proposal Physician Services Roanoke County/Salem Jail - Resolution and Appropriation 6. Bid Report: Hydro-Pneumatic Tank, Western Hills Well - Resolution 7. Bid Report: Starkey Well # 3 - Resolution 8. Bid Report: Well Pump and Accessories, Starkey Well # 3 - Resolution 9. Bid Report: Safety Toe Shoes and Boots - Resolution 10. Bid Report: Super Soft Solar Salt - Resolution 11. Bid Report: Physical Examinations - Sheriff's and Fire Departments - Resolution 12. Bid Report: Reconstruction of Davis Avenue (Rejection of Bids) - Resolution 13. Report: Professional Services Contract - Real Estate Marketing - Resolution 14. Bid Report: Jail Maintenance - Resolution 15. Copy of Letter from Department of Highways and Transportation - Re: Brambleton Court Section 4 - Davis Avenue 16. Bid Report: Reconstruction of Davis Avenue - Resolution and Appropriation 17. Bid Report: Auditing of Machinery and Tools - Resolution and Appropriation 18. Report: Circuit Court Shared Expenses - Appropriation 19. Report: Disposal of Hand Guns - Resolution 8-9-83 . . Report: Library Grant - Appropriation Accounts Paid June 1983 Report: Recommending referral of Vacation of Public Utility Easement to the Planning Commission Information Bulletin - Dated June 28, 1983, U. S. Army Corps of Engineers - Roanoke River Upper Basin Study Letter to Friendship Manor regarding Clinic site plan Report: Watershed Planning Grant - Resolution Letters regarding Compensation Board funding Letter from Frank Sellers regarding Westward Lake Dam site -2-8. - - - Repor-t-: - -€t1~todi-ai -Services- by" School -Board -snrff 29. Report: Dues presented for payment - appropriation resolution ~fl;---~~-~Tkey-~l-*S-El~icat~vt~e-Agreem~-~-~otrrtion 31. Report: Water Consumption and Rate Structure 32. Copy of letter from Commonwealth of Virginia Department of Social Services notifying Sheriff Foster of denial of proposal of the Virginia Family Violence Prevention Program ~S;--- Rt:f:JUl t -......Resoioti'on-=-M1rintenance l:1g1 t:l:!IlIerrts-rOT" detentiunireterrtion ponds 34. Copy of letter dated 7/25/83 from Claude D. Carter, Botetourt County Board of Supervisors naming Botetourt County Members of the Roanoke Valley Industrial Fact Finding Commission 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. Adopted by the following roll call vote: (deleting #28, #30, #33) AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None RESOLUTION NO. 83-140.a AUTHORIZING A SUPPLEMENTAL SALARY PAYMENT TO A MEMBER OF THE PROFESSION AL STAFF OF THE ROANOKE COUNTY COMMONWEALTH~ ATTORNEY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 8-9-83 "\ 'f""'j J << 1. That there be, and hereby is, established for one member of the professional staff of the Roanoke County Commonwealth's Attorney a salary supplement for fiscal year 1983-84; and 2. That such supplement hereby created shall be wholly funded from the funds heretofore budgeted for the operation of the Commonwealth's Attorney's office for fiscal 1983-84; and 3. That the salary supplement hereby created and established shall be paid upon proper authorization of the Commonwealth's Attorney submitted to the department of Fiscal Management designating the member of the professional staff to receive same; and 4. That the salary supplement hereby created and established shall cease and terminate effective June 30, 1984. Adopted by the following roll call vote: A YES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None RESOLUTION NUMBER 83-140.a(1) On motion made 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 become effective August 9, 1983: DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Class: Expenditures Fund: General Operating Dept: Commonwealth Attorney Object: Salaries 03-6-02201-10010 Part-time Help 03-6-02201-10030 VSRS - Employer Contr. 03-6-02201-20020 LI-Employer Contrib. 03-6-02201-20060 Dept: Employee Benefits Object: Reserve for Reclass 03-6-09102-10015 Adopted by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None $1,000 (1,000) 111 10 (121) 38 8-9 -8 3 < RESOLUTION NO. 83-140.b AUTHORIZING THE EXPENDITURE OF CERTAIN FUNDS REPRESENTING THE COUNTY'S SHARE OF ADDITIONAL IMPROVEMENTS TO THE FACILITIES AT THE ROANOKE V ALLEY SPCA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: < 1. That the expenditure of $2,045.36 representing Roanoke County's share of additional improvements to the facilities at the Roanoke Valley SPCA be, and hereby is, authorized and directed; and 2. That said funds be forthwith forwarded to the Roanoke Valley SPCA by the Department of Fiscal Management. Adopted by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None RESOLUTION NO. 83-140.c AUTHORIZING THE COUNTY OF ROANOKE TO ENTER INTO A PHYSICIAN'S CARE CONTRACT WITH DR. H. J. MIN ARIK BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County of Roanoke be, and hereby is, authorized to enter into a certain contract by and between the County of Roanoke and Dr. H. J. Minarik to employ Dr. Minarik's services as Jail Physician for Roanoke County for a period of ten (10) months beginning September 1, 1983 and ending June 30, 1984, as defined in said agreement, upon all and singular the terms, conditions and provisions to be more fully set out in said contract; and 2. That the County Administrator is hereby directed to execute said contract, upon a form approved by the County Attorney on behalf of Roanoke County. Adopted by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None 8-9-83 3 9 .. RESOLUTION NUMBER 83-140.c(1) On motion made 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 become effective August 9, 1983: DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Class: Fund: Dept: Object: Expenditures General Operating Conf.&Care of Prisoners Jail Physician 03-6-03301-30013 Dept: Unappropriated Balance 03-6-99999-99999 $600.00 ( 600.00) Adopted by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None RESOLUTION NO. 83-140.d ACCEPTING A CERTAIN IDD MADE TO THE COUNTY OF ROANOKE FOR A REPLACEMENT OF THE PRESSURE TANK FOR THE WESTERN HILLS WELL BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: .........- 1. That that certain bid of S. E. Burks Company in the amount of $2,900.00, being the best bid submitted for a replacement pressure tank for the Western Hills Well, upon all and singular the terms and conditions of the invitation to bid, the specifications of the County of Roanoke, the bidders' proposals, 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 upon a form approved by the County Attorney for this purchase; and 3. That all other bids for this purchase 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 by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None 40 4 8-9-83 .. - .-~. . .. .' ... .' RESOLUTION NO. 83-140.f ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE FOR THE PURCHASE OF ONE 6-INCH SUBMERSIBLE PUMP FOR ST ARKEY WELL # 3 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain bid of Bedford Well Drilling in the amount of $4,744.00, being the best bid submitted for the purchase of one 6-inch submersible pump for Starkey Well # 3, upon all and singular the terms and conditions of the invitation to bid, the specifications of the County of Roanoke, the bidders' proposals, 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 upon a form approved by the County Attorney for this purchase; and 3. That all other bids for this purchase 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 by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None RESOLUTION NO. 83-140.g ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE FOR THE PURCHASE OF APPROXIMATELY 246 PAIRS OF STEEL-TOE WORK SHOES AND BOOTS TO BE USED BY THE PUBLIC WORKS AND UTILITY DEPARTMENT PERSONNEL BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain bid of Sam's Army and Navy Sales in an amount not to exceed $8,364.00, being the best bid submitted for the purchase of 246 pairs of steel-toe work shoes and boots to be used by the Public Works and Utility Department personnel, upon all and singular the terms and conditions of the invitation to bid, the specifications of the County of Roanoke, the bidders' proposals, and the provisions of this resolution, be, and the same hereby is ACCEPTED; and 8-9-83 41 2. That the County Administrator is hereby authorized and directed to enter into a contract upon a form approved by the County Attorney for this purchase; and 3. That all other bids for this purchase 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 by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None RESOLUTION NO. 83-140.h ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE FOR THE PURCHASE OF 2,160 EIGHTY-POUND BAGS OF EXTRA COARSE, SUPER SOFT SOLAR SALT BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain bid of Inland Products Company in the amount of $7,646.40, being the best bid submitted for 2,160 eighty pound bags of extra coarse, super soft solar salt, upon all and singular the terms and conditions of the invitation to bid, the specifications of the County of Roanoke, the bidders' proposals, 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 upon a form approved by the County Attorney for this purchase; and 3. That all other bids for this purchase 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 by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None 4 2 ~ 8-9-83 , , " ' RESOLUTION NO. 83-140.i ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE FOR THE RENDERING OF PHYSICAL EXAMINATION SERVICES FOR COUNTY FIREMEN AND SHERIFF'S DEPARTMENT PERSONNEL BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain bid of Roanoke-Salem Clinic in the amount of $65.00 per exam, being the best bid submitted for the rendering of physical examination services for County firemen and Sheriff's Department personnel, upon all and singular the terms and conditions of the invitation to bid, the specifications of the County of Roanoke, the bidders' proposals, 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 upon a form approved by the County Attorney for this service; and 3. That all other bids for this service 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 by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None RESOLUTION NO. 83-140.j REJECTING ALL BIDS MADE TO THE COUNTY OF ROANOKE FOR THE RECONSTRUCTION OF DAVIS AVENUE IN THE BRAMBLETON COURT SUBDIVISION BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That all those certain bids received on June 15, 1983, by the County of Roanoke for the reconstruction of Davis Avenue in the Brambleton Court Subdivision in Roanoke County be, and same hereby are, REJECTED; and 2. That the Clerk to the Board is directed to express the County's appreciation for the bids heretofore received. Adopted by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None 8-9-83 43 RESOLUTION NO. 83-140.k ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE FOR MARKETING THE SURPLUS PROPERTIES OF ROANOKE COUNTY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain bid of Hall Associates, Inc. for a 90-day contract, with the option for a -90-day extension, to market the surplus properties of Roanoke County for a fee not greater than ten (10 %) per cent of the sale price of any of said surplus property, 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, be, and the same hereby is ACCEPTED; and 2. That the County Administrator is hereby authorized and directed to enter into a contract upon a form approved by the County Attorney for this service; and 3. That all other bids for this service 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 by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None RESOLUTION NO. 83-140.1 ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE FOR A CONTRACT FOR THE MAINTENANCE OF THE MECHANICAL EQUIPMENT LOCATED IN THE ROANOKE COUNTY-SALEM JAIL BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain bid of Mechanical Maintenance, Inc. in the amount of $2,880 per year, being the best bid submitted for an annual contract to run through the period ending June 30, 1984 for the maintenance of the mechanical equipment located in the Roanoke County-Salem Jail, 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, be, and the same hereby is ACCEPTED; and 44 8-9-83 , , , ' 2. That the County Administrator is hereby authorized and directed to enter into a contract upon a form approved by the County Attorney for this service; and 3. That all other bids for this service 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 by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None RESOLUTION NO. 83-140.m ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE FOR THE RECONSTRUCTION AND UP-GRADING OF DAVIS AVENUE TO MEET THE REQUIRED MINIMUM STATE ST ANDARDS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain bid of John A. Hall Co. in the amount of $17,794.00, being the best bid submitted for the reconstruction and up-grading of Davis Avenue to meet the required minimum state standards, 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, be, and the same hereby is ACCEPTED; and 2. That the County Administrator is hereby authorized and directed to enter into a contract 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 by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None RESOLUTION NUMBER 83-140.m (1) On motion made 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 become effective August 9, 1983: 8-9-83 ~15 DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Class: Fund: Project: Fund: Dept: Dept: Class: Fund: Object: AYES: NAYS: Expendi tures Capital Projects Davis Avenue Reconstruction 16-6-60193-00000 $17,794 General Operating Transfer to Capital Projects Fund 03-6-09316-90016 Unappropria ted Balance 03-6-99999-99999 17,794 (17,794) Revenues Capital Projects Transfer from General Fund 16-5-51030-00000 17,794 Adopted by the following roll call vote: Supervisors Minter, Burton, Nickens, Myers, Johnson None RESOLUTION NUMBER 83-140.0 On motion made by Supervisor Burton, the General Appropriation Resolution of Roanoke County, Virginia, adopted June 22, 1982 be, and is the same hereby amended as follows to become effective August 9, 1983: DESCRIPTION Class: Fund: Dept: Object: Dept: AYES: NA YS: as follows: ACCOUNT NUMBER INCREASE (DECREASE) Expenditures General Operating Circuit Court Professional Services 03-6-02101-30090 $9,359 (9,359) Unappr .Balance 03-6-99999-99999 Adopted by the following roll call vote: Supervisors Minter, Burton, Nickens, Myers, Johnson None RESOLUTION NO. 83-140.p GRANTING PERMISSION TO DISPOSE OF CERTAIN HAND GUNS TURNED IN AS SURPLUS PROPERTY BY THE DEPARTMENT OF ANIMAL CONTROL BE IT RESOL YED by the Board of Supervisors of Roanoke County, Virginia, 1. That permission is hereby granted to dispose of three Smith and Wesson, 38-caliber hand guns to D & R Gilberts, a licensed gun dealer, for a total 46" 8-9-83 . . . . price of $300.00, said guns having been turned in as surplus property by the Department of Animal Control. AYES: NAYS: Adopted by the following roll call vote: Supervisors Minter, Burton, Nickens, Myers, Johnson None RESOLUTION NUMBER 83-140.q On motion made 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 become effective August 9, 1983: DESCRIPTION Class: Fund: Dept: Object: Class: Fund: Dept: Object: AYES: NAYS: as follows: ACCOUNT NUMBER INCREASE (DECREASE) Revenues General Operating Other Categorical Aid Library Grant 03-5-24040-90000 ($17,150) Expendi tures General Operating Library Books 03-6-07300-54113 ( 17,150) Adopted by the following roll call vote: Supervisors Minter, Burton, Nickens, Myers, Johnson None RESOLUTION NO. 83-140.r ACCEPTING A CERTAIN WATERSHED PLANNING GRANT AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE THE NECESSARY GRANT AGREEMENT DOCUMENTS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, 1. That that certain offer of the Commonwealth of Virginia, State Water Control Board to provide a grant in the amount of $7,500 for a Watershed Planning Pilot Project for the Peter's Creek Watershed to Roanoke County, upon all and singular the terms and conditions of said offer and the grant agreement, be, and hereby is, ACCEPTED; and 2. That the County Administrator be, and hereby is, authorized and directed to execute on behalf of Roanoke County the necessary grant agreement documents upon form approved by the County Attorney. AYES: NAYS: Adopted by the following roll call vote: Supervisors Minter, Burton, Nickens, Myers, Johnson None 8-9-83 4 7 f Item 1 - Supervisor Burton questioned the Minutes of June 28, 1983, regarding the deletions of Items 3, 11, and 12 from the Consent Agenda. The Clerk to the Board pointed out that they were dealt with later on in the meeting, and Supervisor Burton moved for approval of the Minutes. The motion carried by a unanimous voice vote. Item 7 - John Cham bliss indicated that the resolution in the packet recommended awarding a construction contract for the well house at Starkey Well # 3. The Bid Committee recommended that all bids be rejected and that proposals be solicited from individual subcontractors. Supervisor Burton moved rejection of all bids. RESOLUTION NO. 83-140.e REJECTING ALL BIDS MADE TO THE COUNTY OF ROANOKE FOR THE CONSTRUCTION OF A WELL HOUSE, GRADING, PAVING, AND SEEDING AT THE STARKEY WELL #3 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That all those certain bids made to the County of Roanoke for construction of a well house, grading, paving, and seeding of Starkey Well #3 be, and same hereby are, REJECTED; and 2. That the Clerk to the Board is directed to express the County's appreciation for the bids heretofore received. Adopted by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None Item 17 - Supervisor Burton requested John Chambliss to explain the bids received from accounting firms which would assist the Commissioner of Revenue's Office in auditing machinery and tools tax applications and tax exempt organizations. Three firms were suggested to the Bid Committee because the accounting firms may have audited one of the County's clients during recent years. The rates are listed on a staggered basis, and an estimate will be required prior to awarding a job to a particular firm. Supervisor Burton moved the following prepared resolutions: 48 i 8-9 -8 3 , , RESOLUTION NO. 83-140.n ACCEPTING A CERTAIN PROPOSAL MADE TO THE COUNTY OF ROANOKE FOR CERTIFIED PUBLIC ACCOUNTING FIRMS TO ASSIST THE COMMISSIONER OF REVENUE IN AUDITING TAX RETURNS FILED BY INDUSTRIAL TAXPAYERS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That those certain proposals of three certified public accounting firms to assist the Commissioner of Revenue in auditing tax returns filed by industrial taxpayers concerning machinery and tools and also to assist in the audit and determination of the tax exempt status of certain taxpayers in Roanoke County be, and hereby are, ACCEPTED in the following words and figures: FIRM HOURLY RATE Young & Pickett $20-$75 $30 $20-$30 Ernst & Whinney Foti, Flynn & Co. 2. That the County Administrator is hereby authorized and directed to enter into the necessary contracts upon forms approved by the County Attorney for these services; and 3. That all other proposals for this service 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 proposals. Adopted by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None RESOLUTION NUMBER 83-140.n (1) On motion made 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 become effective August 9, 1983: DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Class: Fund: Dept: Object: Dept: Expenditures General Operating Commissioner of the Revenue Professional Svcs. 03-6-01209-30020 $5,000 (5,000) Unappropriated Balance 03-6-99999-99999 Adopted by the following roll call vote: A YES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None ~, ' " , " . I 8-9-83 49 Item 22 - Supervisor Nickens questioned why a building or house can be built over a public easement. Superintendent of the Department of Development, Timothy Gubala explained that this could occur in older subdivisions in which the site plans were not clearly marked or because of an error by the surveyor or the contractor. It was determined that Roanoke County does have adequate Code provisions to at least minimize this type of situation, and Supervisor Nickens moved to forward the petitions from Tanglewood Square Shopping Center and Foxfire Subdivision to the Planning Commission. The motion carried by the following roll call vote: AYES: NAYS: Supervisors Minter, Burton, Nickens, Myers, Johnson None Item 26 - Supervisor Burton indicated that the action taken by Gloucester and Prince Edward Counties regarding the funding of the Constitutional Officers should be duplicated by Roanoke County. She moved that Roanoke County notify the representatives of the General Assembly of their concerns about the Constitutional Officers funding, and that the Compensation Board provide adequate funding as they have done in the past. The motion carried by a unanimous voice vote. Item 28 - Supervisor Burton requested additional information on the report concerning custodial services. The cost of custodial services provided by the School Division was included in the report, but the cost of services from the existing contract was not provided. In order to have a more complete discussion, and comparison, Supervisor Burton moved to delete this item from the Agenda and to delay this for a future work session. The motion carried by a unanimous voice vote. Item 29 - Supervisor Nickens indicated that memberships in the American and Virginia Bar Associations are minimum requirements to practice law in the Commonwealth of Virginia and should be the responsibility of the individual attorney. He moved to delete the membership dues being paid by Roanoke County to the Virginia Bar Association and the American Bar Association and for approval of the other requests for dues on the following resolution: 50~ 8-9-83 . . RESOLUTION NUMBER 83-140.s On motion made by Supervisor Nickens, the General Appropriation Resolution of Roanoke County, Virginia, adopted June 14, 1983 be, and is the same hereby amended as follows to become effective August 9, 1983: DESCRIPTION Class: Fund: Dept: Object: Dept: Object: Dept: Object: Dept: Object: Dept: Object: Dept: Object: Dept: Object: Dept: Object: Dept: Object: Dept: Object: Dept: Object: Fund: Dept: Object: Class: Fund: Object: AYES NAYS: ACCOUNT NUMBER INCREASE (DECREASE) Expendi tures General Operating County Attorney Dues 03-6-01204-58010 $ 288 Commonwealth's Attorney Dues 03-6-02201-58010 190 Superintendent of Public Facilities Dues 03-6-04000-58010 660 County Administrator Dues 03-6-01201-58010 25 Treasurer Dues 03-6-01213-58010 70 Superintendent of Development Dues 03-6-08107-58010 76 Circuit Court Dues 03-6-02101-58010 78 Social Services Administration Dues 03-6-05301-58010 30 Employee Benefits Dues 03-6-09102-58010 (3,792) Transfer to Internal Service Fund Transfer to Data Processing 03-6-09370-90270 225 Board of Supervisors Dues 03-6-01101-58010 2,150 Internal Service Fund Data Processing Dues 70-6-01220-58010 225 Revenues Internal Service Fund Transfer - Data Processing- General 70-5-05103-20000 225 Adopted by the following roll call vote: Supervisors Minter, Burton, Nickens, Myers, Johnson None 8-9 -8 3 51 Item 30 - Since there was no urgency to execute the service agreement with Appalachian Power to install electrical service to Starkey Well #3, Supervisor Nickens moved to delete this item from the Agenda and hold it over until a report can be submitted by Superintendent of the Department of Public Facilities, John Hubbard, at the August 23, 1983 meeting. The motion carried by a unanimous voice vote. Item 31 - Supervisor Burton requested elaboration of water consumption and rate structure since there has been a considerable amount of discussion and concern among citizens due to recent water bills. John Chambliss briefly explained that the water and sewer rates adopted by the Board of Supervisors effective January 1, 1983, represented the first increase since April 1, 1980. This action was taken in order to make the system self-sufficient without the input of tax dollars. The inflationary reasons were a 48% increase in sewage treatment costs, a 38% increase in electrical cost, and debt service on $3,000,000 new sewer bonds sold in late 1982. The consultant engineer recommended a two-tier rate consisting of a base charge (fixed cost) and a volume charge. The fixed charge is set up on a multiplier which is determined by the customer's meter size. Since the meter size relates to the customer's potential water demand, each situation or problem will be explained and discussed on an individual basis when requested. Chairman Johnson also indicated that letters are being sent out over her signature informing citizens the County is willing to work with them to correct their high water bills. Supervisor Burton also informed citizens to bring their problems to either the Superintendent of the Department of Public Facilities or the Department of Fiscal Management. John Hubbard explained that water meters can be replaced with a smaller size and that the cost is minimal. He also stated that the water pressure minim um pressure that will be accepted is 35 pounds to be determined on a case- by-case basis. Supervisor Burton moved that the Water Consumption and Rate Structure Report be accepted into the Consent Agenda, and the motion carried by a unanimous voice vote. Item 33 - Supervisor Burton requested this item concerning the maintenance agreements for detention/retention ponds be deleted from the Consent Agenda for clarification and a possible work session. The motion carried by a unanimous voice vote. 52 8-9 -8 3 , , ' , The above Consent Agenda was adopted as approved deleting Items 28, 30, and 33. IN RE: PUBLIC HEARINGS REQUEST OF WILLIAM J. AND NADINE C. CORRELL FOR A SPECIAL EXCEPTION TO PLACE A MOBILE HOME ON A 1.4 ACRE TRACT LOCATED ON A PRIV ATE ROAD AT THE END OF STATE ROUTE 910 IN THE CATAWBA MAGISTERIAL DISTRICT. APPROVED Mr. Correll was present. There being no opposition Supervisor Myers moved for the special exception; and the motion carried by a unanimous voice vote. REQUEST OF THEODORE J. BLANKENSHIP FOR A SPECIAL EXCEPTION TO PLACE A MOBILE HOME ON A 1.5 ACRE TRACT TO BE OCCUPIED BY HIS SON, WILLIAM JAMES BLANKENSHIP LOCATED ON THE WEST SIDE OF STATE ROUTE 649 APPROXIMATELY 2.0 MILES FROM THE INTERSECTION OF ST ATE ROUTE 639 AND 649 IN THE CATAWBA MAGISTERIAL DISTRICT. APPROVED Mr. Blankenship was not present. There being no opposition, Supervisor Myers moved to grant the special exception, and the motion carried by a unanimous voice vote. REQUEST OF STEVEN E. HICKSON FOR A SPECIAL EXCEPTION TO PLACE A MOBILE HOME ON A 2.0 ACRE TRACT LOCATED ON THE WEST SIDE OF AN EXISTING ROADWAY APPROXIMATELY 1100 FEET FROM THE END OF STATE ROUTE 603 IN THE CATAWBA MAGISTERIAL DISTRICT. APPROVED Mr. Hickson was present, and there was no opposition. Supervisor Myers moved to grant the special exception, and the motion carried by a unanimous voice vote. REQUEST OF THE ZONING ADMINISTRATOR TO AMEND CHAPTER 21 (ZONING) OF THE ROANOKE COUNTY CODE TO ESTABLISH A DEFINITION, REVIEW PROCEDURES AND APPROPRIATE DISTRICTS FOR FLEA MARKETS IN ROANOKE COUNTY. APPROVED Superintendent of the Department of Development, Timothy Gubala explained that the Zoning Administrator is requesting that flea markets be controlled by special exception provisions. The Planning Commission has reviewed and approved this ordinance change. Supervisor Nickens moved the following prepared ordinance: 8-9-83 53 ORDINANCE NO. 83-141 AMENDING CHAPTER 21. ZONING OF THE ROANOKE COUNTY CODE RELATING TO THE DEFINITION, PROVISIONS, AND PLACEMENT OF FLEA MARKETS WITHIN ROANOKE COUNTY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 21-1. Definitions of Article I. In General of Chapter 21. Zoning of the Roanoke County Code be amended by the addition of "Flea Markets" to read and provide as follows: ARTICLE I. IN GENERAL Sec. 21-1. Definitions. * * * * Flea market. A commercial use in which various goods such as secondhand articles, furniture, glassware, novelties, etc., produce, and crafts are offered for sale by individual sellers in a booth type arrangement. Flea markets can be located either outside or inside a structure. * * * * 2. That Section 21-67. Permitted uses of Article IX. B-2 Business District of Chapter 21. Zoning of the Roanoke County Code be amended to read and provide as follows: AR TICLE IX. B-2 BUSINESS DISTRICT Sec. 21-67. Permitted uses. In Business District B-2, buildings to be erected or land to be used shall be for one or more of the following uses: * * * * (11) Flea markets - outside or inside a structure - provided a special exception has been granted by the Board of Supervisors 3. That Section 21-82. Permitted uses enumerated of Article XI. M-1 Industrial District of Chapter 21. Zoning be amended to read and provide as follows: ARTICLE XI. M-1 INDUSTRIAL DISTRICT Sec. 21-82. Permitted uses enumerated. * * * * (14) Flea markets - inside a structure only - provided a special exception has been granted by the Board of Supervisors 4. That Section 21-89. Permitted uses enumerated of Article XII. M-2 Indust al District of Chapter 21. Zoning be amended to read and provide as follows: * * * * (14) Flea markets - inside a structure only - provided a special exception as been granted by the Board of Supervisors 54 8-9 -8 3 , , .. ~ 5. This ordinance shall be in effect from and after its passage. Adopted by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None PETITION OF OSCAR HENLEY, LEON STANLEY, AND CECIL HILL TO VACATE A 40-FOOT RIGHT OF WAY KNOWN AS BRANCH ROAD LOCATED ON THE EASTERN BOUNDARY OF SECTION 2 OF THE ROCKINGHAM COURT SUBDIVISION AND AS RECORDED AND SHOWN IN PLAT BOOK 2, PAGE 84 IN THE CAVE SPRING MAGISTERIAL DISTRICT. APPROVED Mr. Hill was present. Supervisor Nickens moved that the request be granted. FINAL ORDER NOW, THEREFORE, BE IT RESOLVED AND ORDERED that at this meeting of the Board of Supervisors of Roanoke County, Virginia, held on the 9th day of August, 1983 that 40 foot road right-of-way known as Branch Road be permanently closed, discontinue, and vacated as described as follows: Being shown on Map of Rockingham Court Subdivision, Section 12, dated May 8, 1931, and appears of record in the Office of the Clerk of the Circuit Court for Roanoke County, Virginia, in Deed Book 2, page 84, and known as Branch Road, running N 300-0'5' W for a total of six hundred and forty and eight tenths feet, 640.8, and being forty (40) feet in width. AND BE IT FURTHER RESOLVED AND ORDERED that the Clerk of this Board shall forthwith certify a copy of this resolution and order to the Secretary of the Planning Commission of Roanoke County, Virginia, for appropriate action. Adopted by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None AMENDING THE ROANOKE COUNTY CODE AND READOPTING SECTION 10-3.1 ENTITLED ADOPTION OF STATE LAW, REVISED JULY 1, 1983. ADOPTED County Attorney James E. Buchholtz reminded the Boards that this was previously adopted as an emergency in the later part of June to be effective 8-9-83 55 July 1, 1983. The Code requires that an emergency measure must be readopted within 60 days after advertising. Supervisor Nickens moved the following prepared Ordinance: ORDINANCE NO. 83-142 AMENDING THE ROANOKE COUNTY CODE AND READOPTING SECTION 10-3.1, ENTITLED ADOPTION OF STATE LAW BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Roanoke County Code be, and hereby is, amended by readopting Section 10-3.1 entitled Adoption of State Law to read and provide as follows: Sec. 10-3.1. Adoption of state law. (a) Pursuant to the authority of Section 46.1-88 of the Code of Virginia, all of the provisions and requirements of the laws of the state contained in Title 46.1 and Article 2 of Title 18.2 (Sections 18.2-266, et seq.) of the Code of Virginia, except those provisions and requirements the violation of which constitutes a felony and except those provisions and requirements which, by their very nature, can have no application to or within the County, are hereby adopted and incorporated in this chapter by reference and made applicable within Roanoke County. References to "highways of the state" contained in such provisions and requirements hereby adopted shall be deemed to refer to the streets, highways and other public ways within the county. Such provisions and requirements, as amended from time to time, are hereby adopted and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person within the county to violate or fail, neglect or refuse to comply with any provision of Title 46.1 of the Code of Virginia which is adopted by this section; provided, that in no event shall the penalty imposed from the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under Title 46.1 of the Code of Virginia. (b) All definitions of words and phrases contained in the state law hereby adopted shall apply to such words and phrases, when used in this chapter, unless clearly indicated to the contrary. 2. That this ordinance shall be in full force and effect from and after its passage. Adopted by the following roll call vote: A YES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None AMEND RESOLUTION #3341 BY INCREASING THE AMOUNT OF THE LICENSE TAX FEE FOR ITINERANT MERCHANTS AND PEDDLERS OPERATING AND OTHERWISE SELLING IN ROANOKE COUNTY FROM $50 to $500 AS MADE AND PROVIDED BY LAW. HELD OVER County Attorney James Buchholtz explained that the proposed ordinance change would cover fees from and after its adoption for peddlers and itinerant merchants, and that a member of the Commissioner of Revenue's staff 56 8-9 -8 3 '^ (Sylvia Faw) was present to provide definitions for peddlers and itinerant merchants. Mr. Bob Anderson, 6010 Ponderosa Circle, S.W., Roanoke, Virginia spoke in opposition; and Mr. Allen O. Woody, III, 6416 Orchard View Lane, Salem, Virginia, (a mobil vendor) requested that categories be established for the various types of itinerant merchants doing business in Roanoke County. An unidentified citizen asked whether selling Christmas trees would come under the classification of Itinerant Merchant or Peddler, and Sylvia Faw explained there was a Seasonal Classification for these local merchants. Commissioner of Revenue, Wayne Compton, expressed concern for protecting County citizens from purchasing defective merchandise sold by itinerant merchants. Mr. Delaney Black, who operated a seafood truck, also requested that consideration be given to the honest merchant. Supervisor Myers moved to keep the fees at $50 until the end of this year, and the motion was defeated by the following roll call vote: AYES: Supervisors Nickens, Myers NAYS: Supervisors Minter, Burton, Johnson Supervisor Burton moved that the fee be raised to a maximum of $500, and that the Commissioner of Revenue prepare a classified listing of fees for those merchants who he knows to be reputable. Supervisor Minter offered a substitute motion to carry this over until the first meeting in September in order to have more time to study the situation. Supervisor Nickens asked Supervisor Minter if he would be willing to amend his motion to hold this over until such time as the Commissioner of Revenue can research and bring information back to the Board for a Work Session. Supervisor Minter agreed to the amendment, and the motion carried by the following roll call vote: AYES: NAYS: Supervisors Minter, Burton, Nickens, Myers Supervisor Johnson IN RE: CITIZENS COMMENTS AND COMMUNICATIONS Mr. Ed Gentsch, a member of the Hunting Hills Homeowners' Association was asked to present the Association's comments concerning the recent 8-9-83 57 change in the billing of the water and sewer rates, and to present a request for a rapid reappraisal of the recently installed billing procedures. Chairman Johnson directed that the Board study the report and that the report be studied by the staff. In the interim, she again reminded the citizens who have grave problems to contact John Chambliss or John Hubbard to work with them on an individual basis. Mr. Bo Willis, Jr. commented that there was a shortage in the supply of water meters during the period of 1970 - 1978 due to the construction boom, and that many homebuilders purchased any water meter they could get at that time regardless of size. IN RE: RECESS Chairman Johnson called for a recess at 9:15 p.m. IN RE: RECONVENEMENT At 9:30 p.m. the meeting reconvened. IN RE: CITIZENS COMMENTS AND COMMUNICATIONS (CONTINUED) Chairman Johnson then recognized the Roanoke County Occupational School Students for awards won at the Intemational Summer Special Olympics. Betty Cable and Robert Payne were present along with their Gymnastics Coach, Judy Gordon. Superintendent of Schools Bayes Wilson was also present. Supervisor Nickens moved the following prepared resolutions: RESOLUTION NO. 83-143 CONGRATULATING DEBBIE FARON FOR HER ACCOMPLffiHMENTS AS A PARTICIPANT IN THE INTERNATIONAL SUMMER SPECIAL OLYMPICS WHEREAS, Debbie Faron, a student of the Roanoke County Occupational School, entered into competition as a gymnast in the Special Olympics; and WHEREAS, Debbie Faron, through dedicated effort and superior achievement, advanced in the Special Olympics' competition to the International Summer Special Olympic Games held at Louisiana State University, Baton Rouge, Louisiana, on July 12, 1983; and WHEREAS, Debbie Faron, through outstanding performance in both the free exercise competition and the tumbling competition, won a fourth place ribbon for each competition. 58 8-9-83 " " .. . NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that it does, on behalf of itself and all the citizens of Roanoke County extend its most sincere congratulations to Debbie Faron for the honor brought to herself, the Roanoke County School Division and all the citizens of Roanoke County; and FURTHER RESOLVED that the Board does wish for Debbie Faron continued success, both in future similar endeavors and otherwise. Adopted by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None RESOLUTION NO. 83-144 CONGRATULATING BETTY CABLE FOR HER ACCOMPLISHMENTS AS A PARTICIPANT IN THE INTERNATIONAL SUMMER SPECIAL OLYMPICS WHEREAS, Betty Cable, a graduate of the Roanoke County Occupational School and Salem High School, entered into competition as a gymnast in the Special Olympics; and WHEREAS, Betty Cable, through tireless effort and superior achievement, advanced in the Special Olympics competition to the International Summer Special Olympic Games held at Louisiana State University, Baton Rouge, Louisiana, on July 12, 1983; and WHEREAS, Betty Cable, through superior performance in both the free exercise competition and the balance beam, won bronze medals as the third place finisher in each competition. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that it does, on behalf of itself and all the citizens of Roanoke County, extend its most sincere congratulations to Betty Cable for the honor brought to herself, the Roanoke County School Division and all the citizens of Roanoke County; and FURTHER RESOLVED that the Board does wish for Betty Cable continued success, both in future similar endeavors and otherwise. Adopted by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None 8-9-83 59 RESOLUTION NO. 83-145 CONGRATULATING ROBERT PAYNE FOR HIS ACCOMPLISHMENTS AS A PARTICIPANT IN THE INTERNATIONAL SUMMER SPECIAL OLYMPICS WHEREAS, Robert Payne, a graduate of the Roanoke County Occupational School entered into competition as a gymnast in the Special Olympics; and WHEREAS, Robert Payne, through selfless dedication and superior achievement, advanced in the Special Olympics' competition to the International Summer Special Olympic Games held at Louisiana State University, Baton Rouge, Louisiana on July 12, 1983; and WHEREAS, Robert Payne through outstanding performance approaching near perfection posted a score of 9.5 in the free exercise competition and a score of 9.4 in the tumbling competition, both of which scores were unmatched by other competitors thus enabling Robert to win two gold medals. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that it does, on behalf of itself and all the citizens of Roanoke County extend its most sincere congratulations to Robert Payne for the honor brought to himself, the Roanoke County School Division and all the citizens of Roanoke County; and FURTHER RESOLVED that the Board does wish for Robert Payne continued success, both in future similar endeavors and otherwise. Adopted by the following roll call vote: A YES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None The letter from Glenn W. Crowder regarding the Airport Extension was received and filed awaiting the opinion of the Attorney General on the County's Noise Ordinance regarding noise from the Airport. The letter from Robert E.Glenn regarding the rate increase request from Roanoke Valley Cablevision was then discussed. Attorney, Robert E. Glenn explained that a similar letter was sent to the Roanoke City Council and the Vinton Town Council. Each of these Councils has referred the matter back to the Regional Committee for a recommendation as to whether a consultant should be hired. Supervisor Nickens moved to receive and file the letter. Supervisor 6 0 ~ 8-9-83 Minter agreed with the receiving and filing and made a substitute motion to refer the matter back to the Cablevision Committee to be consistent with the other Valley governments. The motion carried by the following roll call vote: AYES: Supervisors Minter, Burton, Myers, Johnson NAYS: Supervisor Nickens Mrs. Darlene Hess, Route 5, Box 152, Salem, Virginia presented a petition consisting of 94 names opposing a request of Mr. Hughston W. Dooley to rezone one acre of property located at 740 Bennett Springs Road from Residential District to Industrial District to operate a contractors' equipment storage area. Since this rezoning request is still before the Planning Commission and since Mrs. Hess stated that Mr. Dooley admitted that he was breaking the law, Supervisor Nickens stated that if a violation of County Ordinance is occurring, there is no other recourse but to enforce the Ordinance and refer this to the County Attorney for action. Timothy Gubala indicated that everything Mrs. Hess stated was true, and that he would investigate whether the County Attorney had been notified of this violation of the County Zoning Ordinance. Mr. I. R. Goins, 419 Crofton, Drive, Vinton, Virginia, President of the William Byrd Athletic Boosters, requested that he be allowed to speak to the Board requesting matching of funds to upgrade their stadium facilities. Mr. Goins indicated that he would discuss this with Supervisor Nickens. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Minter - requested that the Board set up a date for a special meeting of the Board of Supervisors in the Bonsack area. Supervisor Minter moved to hold this special meeting on Tuesday, September 12 at 7:30 p.m. The motion was defeated by the following roll call vote: AYES: Supervisor Minter NAYS: Supervisors Burton, Nickens, Myers, Johnson Supervisor Burton moved that the Board of Supervisors meet with the citizens of the Bonsack area the first week in October on Tuesday, October 4, at 7:30 p.m. The motion carried by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None 8-9-83 , 6 1 Supervisor Nickens - because of the recent guidelines passed for evaluating requests for street lights, Supervisor Nickens moved that the existing 1,150 street lights be re-evaluated by the staff because it currently costs approximately $86,000 annually to operate them. John Hubbard pointed out that the new procedure had not been adopted yet, and Supervisor Nickens withdrew his motion pending possible modification and adoption of the proposal. Supervisor Myers - called attention to the valley-wide voter registration drive starting Saturday, August 13, 1983. Supervisor Johnson stated that the registration deadline for the November election is October 8. Supervisor Myers also requested an Executive Session to discuss a legal matter. Supervisor. Burton - expressed concern of designation of certain areas for placement of mobile homes to be included in the Comprehensive Plan. She also pointed out to Steve McGraw that pursuant to his request, work on the recodification of the County Code has been in progress since September, 1982, when it was brought to the Board's attention. The resolution was adopted on November 23, 1982. Mr. McGraw acknowledged that the Main Library now has a copy of the County Code with all revisions and updates on file. Supervisor Johnson - mentioned Lisa Aliff, a citizen of Roanoke County, who will be Virginia's representative in the Miss America Pageant in Atlantic City. She asked John Hubbard if anything has been accomplished for Road 943. He reported that the three requests sent to the Highway Department in Richmond will be done by November. A report on the insurance for the Auxiliary Police was requested, and it will be presented at the August 23, 1983 session. County Attorney - requested an Executive Session to discuss three legal matters. County Administrator - deferred his report due to the importance of the remainder of the Agenda items. Roanoke County Schools - Homer Duff presented a resolution to submit a request for supplemental literary fund loans for construction work underway at East Vinton and Mount Pleasant Schools. Supervisor Burton moved the following prepared resolution: 62 8-9-83 , -< . . ' I . ".. , ' RESOLUTION NO. 83-146 AUTHORIZING THE ROANOKE COUNTY SCHOOL BOARD TO SUBMIT A CERTAIN LITERARY FUND LOAN APPLICATIONS RELATING TO FUNDS FOR IMPROVEMENTS AT EAST VINTON AND MOUNT PLEASANT ELEMENTARY SCHOOLS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Roanoke County School Board, through its appropriate officials, be, and hereby is, authorized to submit a certain literary fund loan applications in the amounts of $46,142.80 for the East Vinton project and $200,000 for the Mount Pleasant project; and 2. That attested copies of this resolution be forthwith transmitted to the Clerk of the Roanoke County School Board for inclusion in the loan applications. Adopted by the following roll call vote: A YES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None Commissioner of Revenue - Wayne Compton submitted a report which informed the Board that his office is checking apartment complexes in the County for cars that do not have County decals. This action precedes a Department of Motor Vehicles check, and will assure that his office will be able to assess those cars for the next tax year and bring in revenue due the County. Supervisor Minter moved to receive and file the report with the Board's compliments on his enforcement of this decal check, and the motion carried by a unanimous voice vote. Department of Fiscal Management - Superintendent John Chambliss received a letter from Real Estate Data, Inc. who have previously submitted subscription services to real estate and financial people which provide copies of land books and tax maps of the various local governments. For their 1983 record they have requested a data processing tape of the County Landbook and copies of County new property maps. Mr. Chambliss pointed out that since the County does have a marketability of the property maps, his staff recommended that Real Estate Data not be allowed to distribute the maps on a subscription basis and that the landbooks be made available for them to come in and photograph the 8-9 -8 3 63 pages as they have done in the past. Supervisor Nickens moved to approve this recommendation, and the motion carried by a unanimous voice vote. The agenda items F .5.b (1983 Legislative Changes - Property Taxation) and F .5.c (User Fees and Charges) will be delayed until the next meeting. Health Insurance Committee - Personnel Director, Keith Cook, presented the recommendations of the Health Insurance Committee which detail the proposed changes and recommendations in the Health Insurance Plan. The staff recommends that the plan be approved with amendments effective September 1, 1983; and that the present contract with Lawrence C. Musgrove Associates be continued through June 30, 1984. The report also recommended that the Health Insurance Plan be put out for bid after January, 1984, for a new contract to be effective July 1, 1984; and that the premium structure be further reviewed on an actuarial basis. Meetings have been conducted with the County employees to outline the various changes and invite changes to the suggested revisions. The consultant's actuarial data has not been received; and after discussion, the Board felt that they could not take any action until they can review the consultant's report. Supervisor Burton moved that if the consultant's actuarial data is not received by August 23, 1983, that a temporary emergency rate increase be considered. The motion carried by the following roll call vote: A YES: Supervisors Minter, Burton, Nickens, Johnson NAYS: None ABST AIN: Supervisor Myers Department of Development Superintendent Timothy Gubala requested a transfer of the Air Pollution Control Office from the jurisdiction of the Health Department to the Department of Development. Supervisor Nickens moved that this be done, and the motion carried by a unanimous voice vote. The report on the Debris Landfill Permit Process stated that the County needs a definition of different types of landfills, a process for review of landfills, and an amendment to the Zoning Ordinance to clarify these items. Supervisor Minter moved that this report be sent to the Planning Commission for review, and the motion carried by a unanimous voice vote. , 64 8-9-83 Department of Public Facilities - Superintendent John Hubbard stated that the oral report on C &: P Telephone will be held over until the August 23 meeting. He presented an oral report on Westward Lake Dam and indicated that one $15,000 payment has been made covering 35% of the work. Glade Creek Participation Agreements - the Board's approval is needed to sign the contracts, and Supervisor Nickens moved the following prepared resolution: RESOLUTION NO. 83-147 APPROVING THE EXECUTION OF REIMBURSEMENT AGREEMENTS BY AND BETWEEN ROANOKE COUNTY AND CERTAIN DEVELOPERS IN CONNECTION WITH THE GLADE CREEK mTERCEPTOR PROJECT BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the execution of certain reimbursement agreements by and between Roanoke County and certain developers in connection with the Glade Creek Interceptor Project be, and hereby is, approved as follows: Fralin and Waldron $126,680 (41.76%) Roanoke Valley Development Corporation and the Greater Roanoke Valley Development Foundation $10,902 Roanoke County Land Venture $15,000 (3.59 %) (4.94%) 2. That the County Administrator is hereby authorized and directed to execu said agreements upon a form approved by the County Attorney on behalf of Roano County. Adopted by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None Glade Creek Change Order 11 which is due to the changing of the Cre was approved by the following resolution on motion of Supervisor Burton. RESOLUTION NO. 83-148 APPROVING CHANGE ORDER NO. 1 TO THE COUNTY'S CONTRACT WITH DIXON CONTRACTING FOR CONSTRUCTION OF THE GLADE CREEK SEWER INTERCEPTOR BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. Thfl.t Change Order No. 1 to the County's contract with Dixon 8-9 -8 3 65 Contracting for construction of the Glade Creek Sewer Interceptor be, and hereby is, approved as herein set forth in the following words and figures, to-wit: Change Order No. 1- Surveying and relocation of line Increase $12,044.91 2. That the County Administrator be, and hereby is, authorized and directed to execute Change Order No.1 on form approved by the County Attorney. Adopted by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Myers, Johnson NAYS: None The residents of the Sunnybrook Area and Ardmore Drive have requested the installation of six fire hydrants for their subdivision. John Hubbard has notified these residents that this will be considered in the Five-Year Capital Improvements Plan for the next budget session. Supervisor Minter moved to concur with the staff recommendation that these requests be included in the 1984-1985 budget requests, and the motion carried by a unanimous voice vote. John Hubbard's report on the award of the construction contract for Ore Branch Extension requested that the bid of E. C. Pace and Company be approved. Supervisor Nickens moved the following prepared resolution: RESOLUTION NO. 83-149 ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE FOR CONSTRUCTION OF PROJECT 82-1-S, ORE BRANCH EXTENSION BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain bid of E. C. Pace & Company, Inc. in the amount of $72,422.25, being the best bid submitted for construction of Project 82-1-S, Ore Branch Extension, upon all and singular the terms and conditions of the invitation to bid, the specifications of the County of Roanoke, the bidders' proposals, 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 upon a form approved by the County Attorney for this project; and .6 n 8-9-83 . . ,. . 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 by the following roll call vote: AYES: NAYS: Supervisors Minter, Burton, Nickens, Myers, Johnson None IN RE: APPOINTMENTS Chairman Johnson recommended that Mr. Cecil Hill be appointed to fill the term of Mr. Edward Harvey which expired October 12, 1982, as an Alternate Member of the Grievance Panel from the Cave Spring Magisterial District. Supervisor Nickens made the motion which carried by a unanimous voice vote. The three-year term will expire October 12, 1985. IN RE: EXECUTIVE SESSION At 10:50 p.m. Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia, Section 2.1-344(a) (1), (2), and (6) to discuss personnel, real estate, and legal matters. He also moved to stop the clock at 10:50 p.m. Both motions carried by a unanimous voice votes. IN RE: OPEN SESSION At 10:59 p.m. Supervisor Minter moved to return to open session, and the motion carried by a unanimous voice vote. Chairman Johnson presented background to the County Board regarding the various ideas presented for carrying out a Regional Industrial Development Promotion effort. Mr. Myers left the meeting at this point. Following the presentation Supervisor Burton moved that Roanoke County participate in the Regional Industrial Development Promotional Program for the Roanoke Valley, and that the County support the concept financially at a $.50 per capita funding level. The motion was lost by the following tie roll call vote: A YES: Supervisors Burton, Johnson NAYS: Supervisor Minter, Nickens ABSENT: Supervisor Myers 8-9-83 67 Chairman Johnson called the motion lost on a tie vote. Supervisor Minter then moved that the County Board endorse the concept of a Regional Industrial promotion effort and pay $.50 per capita to the effort when/and if an acceptable structure is approved by the County Board. The motion carried by the following roll call vote: AYES: Supervisors Minter, Burton, Johnson NAYS: Supervisor Nickens ABSENT: Supervisor Myers Chairman Johnson stated she would so advise the other units of government at a meeting on August 11 at Hollins College at which the heads of the 5 Valley governments will challenge the private sector to equal the financial commitments made by the governments. Supervisor Nickens moved that an appropriation resolution be spread in the Minutes authorizing the use of $15.000 as an advance from the Health Insurance Contingency Fund to pay claims pending a settlement from the County's Excess Insurance Fund. The Health Insurance Contingency Fund will be reim bursed by the payment received from the Excess Insurance on the pending claim. RESOLUTION NO. 83-150 AUTHORIZING A LOAN OF $75,000 TO THE ROANOKE COUNTY EMPLOYEES' HEALTH PLAN BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the General Fund of Roanoke County be, and hereby is, authorized to loan to the Roanoke County Employees' Health Plan a sum not to exceed $75,000; and 2. That such loan shall be repaid no later than 180 days from and after the date of this resolution unless otherwise determined by the Board. Adopted by the following roll call vote: AYES: Supervisors Minter, Burton, Nickens, Johnson NAYS: None ABSENT: Supervisor Myers 68 8-9 -8 3 . . . . Supervisor Nickens moved to participate with Fralin & Waldron on a 50t>> matching basis to bring Lantern Road up to State standarm, and that the necessary appropriate resolution be spread in the Minutes. RESOLUTION NO. 83-154 AUTHORIZING THE COUNTY OF ROANOKE TO PARTICIPATE IN SECURING THE INCLUSION OF LANTERN ROAD INTO THE STATE SECONDARY SYSTEM OF HIGHWAYS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County of Roanoke does hereby agree to participate with Fralin & Waldron, Inc. in securing the inclusion of Lantern Road in the Beacon Hills Subdivision from its intersection with Lamplighter Drive to its present end into the state secondary system of highways; provided however, that the County of Roanoke shall bear no expenses for such participation in excess of 50 % of the actual cost thereof; and 2. That an attested copy of this resolution be forthwith forwarded to Fralin & Waldron, Inc. for acceptance of same as evidenced by signing and returning a copy of this resolution to the Clerk of the Board of Supervisors. Adopted by the following roll call vote: AYES: Minter, Burton, Nickens, Johnson NAYS: None ABSENT: Supervisor Myers IN RE: ADJOURNMENT Supervisor Burton moved to adjourn the meeting at 11:00 p.m., and the motion carried by a unanimous voice vote. 7;IOiff-~ I' < ~ // ( '-'