5/22/1979 - Regular
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Board of County Supervisors
Salem-Roanoke County Civic Center
Salem, Virginia
May 22, 1979
7:00 P.M.
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.
Members Present: Chairman May W. Johnson, Vice Chairman
Robert E. Myers, Supervisors R. Wayne Compton, Edward C. Park,Jr ,
and Lawrence E. Terry.
Chairman Johnson called the meeting to order at 7:00 p.m.
and recognized The Reverend Albert A. Peverall, Jr., Associate
Pastor, First Baptist Church, who offered the invocation. The
Pledge of Allegiance to the flag was given in unison.
IN RE: APPROVAL OF MINUTES
Supervisor Compton moved that the minutes of the regular
meetings of April 24 and May 8, 1979 be approved as presented
with one correction made by Supervisor Park, who noted that the
minutes of the April 24th meeting failed to include the
Supervisors' request that representatives of the Highway
Department return to them at a future date for discussion as
to the possible use of unrestricted additional funds allocated
by the Virginia Department of Highways and Transportation for
improvements to secondary roads within Roanoke County for
fiscal year 1979-80, which motion was adopted unanimously. The
minutes have been corrected to reflect this.
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IN RE:
REQUEST OF CLINTON H. TROUTT FOR A SPECIAL EXCEPTION TO
PARK A MOBILE HOME TO BE OCCUPIED BY ANGELA M. DRISCOLL
(DAUGHTER) ON A 2-ACRE TRACT LOCATED ON THE SOUTH SIDE
OF STATE ROUTE 864 (OLD 311), JUST EAST OF ITS
INTERSECTION WITH STATE ROUTE 699 IN THE MASON'S
COVE SECTION OF THE CATAWBA DISTRICT
This request was presented to the Supervisors by Mr. Troutt
who explained that the mobile home would be occupied by his
daughter. Mrs. Adena Davis, who appeared in opposition to the
request, stated that several months ago she had been denied a
permit to place a mobile home in that general area.
Following some discussion, Catawba District Supervisor
Myers moved that the public hearing on the Troutt application
be continued to the June 12, 1979, meeting of the Board so
that he can make an on-site inspection of the premises, which
motion was adopted unanimously.
IN RE: REQUEST OF ERNEST L. MEADOR FOR A SPECIAL EXCEPTION
TO PARK A MOBILE HOME ON A 1.232-ACRE TRACT LOCATED
OFF THE EAST SIDE OF STATE ROUTE 613 (MERRIMAN ROAD)
OPPOSITE ITS INTERSECTION WITH STATE ROUTE 688
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(COTTON HILL ROAD) IN THE CAVE SPRING DISTRICT
Chairman Johnson opened the floor for public comments and
recognized Mrs.Edith ~1eador (Ernest Meador's sister-in-law)
who spoke in opposition to the request. Mrs. Meador stated that
if the request was granted, a septic tank system would have to
be installed and therefore would contaminate the spring that
presently serves her home. The applicant, Ernest L. Meador, was
not present at the hearing.
Supervisor Terry moved that the public hearing on the Meador
request be continued to the June 12 meeting and that the applicant
be notified of this continuance, which motion was adopted
unanimously.
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REQUEST OF SINCLAIR BURKS FOR A SPECIAL EXCEPTION TO
PARK A MOBILE HOME ON A 2.7-ACRE TRACT LOCATED OFF THE
EAST SIDE OF STATE ROUTE 647, 0.27 MILE BEYOND MITCHELL
DISTRIBUTING COMPANY IN THE CATAWBA DISTRICT
Chairman Johnson opened the floor for public comments and
recognized Mr. Burks. No one appeared in opposition.
This concluded the public hearing, and Supervisor Myers
moved that the request be approved subject to the provisions of
the County Zoning Ordinance as it pertains to mobile homes, which
motion was adopted unanimously.
IN RE:
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IN RE: RENEWAL OF KEVIN L. DODSON FOR A SPECIAL EXCEPTION
TO PARK A MOBILE HOME ON A I.Ol-ACRE TRACT LOCATED ON
THE WEST SIDE OF A PRIVATE ROAD, 0.1 MILE PAST THE END
OF STATE MAINTENANCE OF STATE ROUTE 827 IN THE
CLEARBROOK SECTION OF THE CAVE SPRING DISTRICT
Chairman Johnson opened the floor for public comments and
recognized Mr. Dodson. Mr. Johnson noted that in the report
submitted to the Supervisors on public hearings, the Zoning
Inspector advised that despite repeated requests, Mr. Dodson
has not skirted his mobile home. Mrs. Johnson asked that this
condition be stipulated in the motion to grant the request.
Mr. Dodson assured the Supervisors that his trailer was skirted.
No one appeared in opposition.
This concluded the public hearing, and Supervisor Compton
moved that the renewal request of Kevin L. Dodson be approved
beginning February 22, 1979, subject to the provisions of the
County Zoning Ordinance as it pertains to mobile homes with the
stipulation that the County Zoning Inspector be directed to take
the necessary action to revoke the permit if the mobile home is
not skirted, which motion was adopted unanimously.
IN RE: REQUEST OF RONALD WAYNE MOWLES FOR A SPECIAL EXCEPTION
TO PARK A MOBILE HOBE ON A 1. 28-ACRE TRACT LOCATED ON
THE NORTH SIDE OF INTERSTATE 81 AT THE END OF STATE
ROUTE 828, 700 FEET EAST OF STATE ROUTE 643 IN THE
GLENVAR SECTION OF THE CATAWBA DISTRICT
Chairman Johnson opened the floor for public comments and
recognized Mr. Mowles. No one appeared in opposition.
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This concluded the public hearing, and Supervisor Myers
moved that the request of Ronald Wayne Mowles be approved
subject to the provisions of the County Zoning Ordinance as
it pertains to mobile homes, which motion was adopted
unanimously.
IN RE:
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RENEWAL REQUEST OF GILMAN T. SAUL FOR A SPECIAL
EXCEPTION TO PARK A MOBILE HOME TO BE OCCUPIED
BY DONNIE LEE KESLER ON A I-ACRE TRACT LOCATED
ON THE WEST SIDE OF STATE ROUTE 694 (TWELVE
O'CLOCK KNOB ROAD), 1.5 MILES SOUTH OF ITS
INTERSECTION WITH STATE ROUTE 763 IN THE
CATAWBA DISTRICT
Chairman Johnson opened the floor for public comments and
recognized Mr. Saul. No one appeared in opposition.
This concluded the public hearing, and Supervisor Myers
moved that the renewal request of Gilman T. Saul be approved
beginning April 12, 1979, subject to the provisions of the
County Zoning Ordinance as it pertains to mobile homes, which
motion was adopted unanimously.
IN RE:
RENEWAL REQUEST OF LAMAR W. DAVIS FOR A SPECIAL
EXCEPTION TO PARK A MOBILE HOME ON A 39-ACRE
TRACT LOCATED ON THE NORTHWEST SIDE OF STATE
ROUTE 607, 0.2 MILE NORTH OF STATE ROUTE 637
IN THE BOTTOM CREEK AREA OF THE CAVE SPRING
DISTRICT
Chairman Johnson opened the floor for public comments and
recognized Mrs. Davis. No one appeared in opposition.
This concluded the public hearing, and Supervisor Myers
moved that the renewal request of Lamar W. Davis be approved
beginning April 12, 1979, subject to the provisions of the
County Zoning Ordinance as it pertains to mobile homes, which
motion was adopted unanimously.
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RENEWAL REQUEST OF CHARLES M. BURRIS, SR. FOR A
SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A
1.3-ACRE TRACT LOCATED ON THE SOUTH SIDE OF AN
ABANDONED SECTION OF U.S. ROUTE 11-460, 0.2 MILE
WEST OF STATE ROUTE 821 IN THE KUMIS SECTION OF THE
CATAWBA DISTRICT
Chairman Johnson opened the floor for public comments and
recognized Mr. Burris. No one appeared in opposition.
This concluded the public hearing, and Supervisor Myers
moved that the renewal request of Charles M. Burris be approved
beginning April 26, 1979, subject to the provisions of the
County Zoning Ordinance as it pertains to mobile homes, which
motion was adopted unanimously.
IN RE:
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IN RE:
PETITION OF RICHARD R. HAMLETT AND NORTHVIEW *
CORPORATION REQUESTING CERTAIN AMENDMENTS TO *
THE FINAL DEVELOPMENT PLAN OF RUXTON OF ROANOKE *
A PLANNED UNIT DEVELOP:HENT, TO PERMIT RELOCATION7'~FINAL
OF CERTAIN LOTS AND BUILDINGS. RUXTON OF ROANOKE*ORDER
ALSO KNOWN AS STONEHENGE, IS LOCATED'ON THE EAST7~
SIDE OF CHAPARRAL DRIVE, JUST SOUTH OF PENN 7~
FOREST BOULEVARD, IN THE CAVE SPRING DISTRICT *
Chairman Johnson opened the floor for public comments.
County Planner Gubala advised the Supervisors that this request
was heard by the Planning Commission due to changes necessitated
by engineering problems. Mr. Hamlett was also present at the
hearing. It was noted that by allowing the lots to be relocated
to the other side of the street, the land to be disturbed will
be decreased. No one appeared in opposition.
This concluded the public hearing and Supervisor Terry
moved that the Board concur with the recommendation of the
Planning Commission and approve the amendments to allow the
relocation of twenty-two lots and buildings 1,2,3,4, 5, and 6
of Phase III of Ruxton of Roanoke as shown on Exhibit ~, which
is filed with the minutes of this meeting.
FINAL ORDER
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Supervisors of Roanoke County that amendments to allow the
relocation of buildings 1,2,3,4,5, and 6 of Phase III of
Ruxton of Roanoke as shown on the aforementioned Development
Plan, be, and the same is hereby, approved.
IT IS FURTHER RESOLVED that the County Planner be, and is
hereby, directed to relect this change in the Planned Unit
Development Final Plan of Ruxton of Roanoke.
The motion was adopted by the following recorded vote:
Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson
None
AYES:
NAYS:
IN RE:
ORDINANCE NO. 2301 AMENDING THE CODE OF THE COUNTY
ROANOKE, VIRGINIA, AS AMENDED, BY ENACTING A NEW
CHAPTER 13, PERSONNEL-MANAGEMENT RELATIONS;REPEALING
CERTAIN ORDINANCES, RULES AND PROCEDURES INCONSISTENT
WITH THE PROVISIONS OF SUCH CHAPTER; AND PROVIDING
FOR AN EFFECTIVE DATE FOR THIS ORDINANCE
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Code of the County of Roanoke, Virginia,
as amended, be, and it hereoy is amended by enacting a new
chapter numbered and entitled Chapter 13, Personnel-Management
Relations, to read and provide as follows:
Sec. 1.
CHAPTER 13
PERSONNEL-MANAGEMENT RELATIONS
Promulgation of rules; authority vested in County
ExecutiVe; effect therebf.
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The County Executive shall establish and promulgate such
rules and regulations governing employment with the County as,
from time to time, may be necessary or required to facilitiate
the operations of the County through its work force. Rules and
regulations promulgated as herein provided shall have the force
and effect of law from and after the date same are duly
authenticated in writing by the County Executive. The authority
of the County Executive to authenticate such rules and
regulations shall not be delegated.
Sec. 2. Administration-Responsibilities and duties.
The County Executive or his designee shall have the
following responsibilities and duties:
a. To develop and maintain a classification plan contain-
ing job descriptions for each position in the classified service
of the County, such plan to be reviewed no less frequently than
biennially. Any revisions to such plan shall be completed and
approved as provided in Section 6 of this chapter.
b. To prepare a pay plan for each position in the
classified service of the County annually. Such plan shall be
prepared and submitted, for consideration, in the preparation
of the annual budget by the County Board.
c. To determine vacancies in the classified service of
the County, and to give wide publicity to such vacancies through
channels appropriate to each case and to organize plans for the
recruitment of competent personnel for the County service, and
to receive applications for such employment.
d. To develop and provide criteria and guidelines which
will reasonably and fairly predict and rate job performance
capabilities of applicants for specific vacancies in the
classified service of the County.
e. To authorize in writing, on approval of the County
Board, at the level of department head an 'lactingJl designation
for such period of time as may be necessary.
f. To keep and maintain a current personnel file on each
employee of each department, board, commission, office and
agency of the County, excluding employees of the school board,
and each such department, board, commission and agency shall
provide the necessary current personnel information to
maintain such file.
g. To maintain an allocation list of all employment
positions in County government and the status of each such
position and a roster of all persons in the classified service,
which list shall specify as to each such position (1)
employee's name or "Vacant", (2) the class title of the
position held, (3) the salary or pay, (3) any changes in class
title, salary or pay, and (4) such other data as may be deemed
useful or significant.
h. To certify all payroll changes, except those of the
school board, and no payment for personal services shall be
made to any person in the classified service, unless it shall
be certified as herein provided that such person has been
appointed and employed in accordance with the provisions of
this chapter.
i. To develop and provide criteria and guidelines
consistent with and in conformity to the provisions of paragraph
Cd) of this section by which members of the classified service
may be qualified for continued employment and advancement in
the service of the County.
j. To recommend, on his own initiative or upon approp-
riate request such rules and procedures as may be necessary
for the purpose of carrying out the provisions of this chapter.
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Sec. 3. Unclassified service.
The service of the County shall be divided into thp
unclassified and the classified services. The unclassified servic
shall consist of: (a) officials elected by the people and persons
appointed to fill vacancies in elective offices; (b) the members
of boards and commissions, excluding school board members,
officers appointed by the County Board, and persons appointed
by the judges of the courts oJ record; (c) ilcensed physiciaiu3"
and dentists employed by the County in their professional
capacities; (d) part-time employees and persons temporarily
employed in a professional or scientific capacity or to conduct
a special inquiry, investigation, examination or installation,
if the County Executive certifies that such employment is
temporary and that the work should not be performed by employees
in the classified service.
Sec. 4. Classified service.
The classified service shall comprise all employees and
positions, excluding employees of the Department of Health and
Welfare and school board employees and positions, not specif-
ically included by the preceding section in the unclassified
service. All original appointments and promotions in the
classified service, except officers elected or appointed by the
County Board, shall be made pursuant to the provisions of this
chapter. Every new County employee shall serve a period of six
(6) months as a probationary employee, and every County employee
promoted to a position for which a greater salary range is
provided shall for a period of three (3) months serve as a
probationary employee; provided, however, upon appointment or
promotion, the appropriate board appointed officer may extend
such probationary period for an additional like period of tiDe or
less, or prior to any such appointment or promotion, a different
probationary period, not to exceed twelve (12) months, may be
established in writing and filed with the County Executive for
any specific position in the classified service. Prior to the
conclusion of any probationary period established for a member
of the classified service as hereinabove provided, an employee
may be terminated by the appropriate board appointed officer, and
such termination shall not be subject to a hearing before the
grievance panel. After the conclusion of the probationary period,
a member of the classified service may be suspended, reduced in
rank or payor removed; provided, however, such disciplinary
action may be subject to review and hearing through the grievance
procedure of the County of Roanoke established by the County
Board.
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Sec. 5. Promotions.
Vacancies in higher positions in the classified service
shall be filled on the basis required to be established pursuant
to subsection (i) of section 2; and shall be open to both members
of the classified service and applicants from the general labor
market from which the County draws its work force.
All standards applicable to promotion shall be applied in
accordance with the rules promulgated by the County Executive.
A change from a position in any class to a position in another
class for which a higher maximum rate of pay is prescribed shall
be considered a promotion.
Sec. 6. Classification Plan.
The County Executive shall, at least biennually, review
and prepare, after consultation with all officials having the
power of appointment, and submit to the Board a plan of
classification and grading, containing job descriptions. for
all positions in the classified service according to similarity
of authority, duties and responsibilities. The County Board
shall, thereafter, reject or approve the same with or without
modifications. Once approved, the County Executive shall cause
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the classification plan to be published or otherwise distributed
among the employees of the County. Changes in the classification
plan may be recommended from time to time by any appropriate
County official and shall take effect after review and
recommendation by the County Executive and when approved by the
County Board. The class titles set forth in the most recently
approved classification plan shall be used to designate such I
positions in all official records, documents, vouchers and
communications, and no person shall be appointed to or employed
in a position in the classified service under any class title
which has not been established in the current classification
plan.
Sec. 7. Pay Plan.
There shall be a pay plan consisting of a salary range
for each class of position in the classification plan, which
shall provide for regular increments within such range to be
earned by length of service and satisfactory service ratings.
Each such range shall be determined with due regard to the
salary ranges for other classes and to the relative difficulty
and responsibility or characteristic duties of positions in the
clsss, the minimum qualifications required, the prevailing
rate paid for similar employment outside County service, and
any other factors that may properly be considered to have a
bearing upon the fairness or adequacy of the range. The County
Executive shall annually recommend a pay plan in his recoID~ended
annual budget for the County Boardts consideration. The Board
shall adopt the same by ordinance with or without modifications.
When so adopted by the Board the pay plan shall remain in effect
until amended by the Board. When a pay plan has been adopted,
the Board shall not increase or decrease salaries of individual
members of the classified service, out shall act in fixing the I
salaries of members of the classified service only by amendment
of the pay plan.
Sec. 8. Management rights.
Nothing in this code is intended to circumscribe or modify
the existing management right of the County Board or of any
Board appointed officer to do the following:
(a) Direct the work of their employees as well as
establish and revise wages, salaries, position classifications
and general employee benefits;
(b) Hire, promote, transfer, assign and retain employees;
(c) Maintain the efficiency of governmental operations;
(d) Relieve employees from duties in emergencies;
(e) Determine the methods, means and personnel by which
operations are to be carried on; and
(f) Relieve employees from duties because of lack of
work or lack of funds.
Sec. 9. Prohibited p~actices.
(a) No person shall willfully or corruptly make any false
statement, certificate, mark rating or report in regard to any
test held or certification or appointment made under the personn~l I
provisions of this chapter or in any manner commit any fraud
preventing the impartial execution of such personnel provisions
or of the rules made thereunder.
(b) No person seeking appointment to or promotion in the
classified service of the County shall either directly or
indirectly give, render or pay any money, service or other
valuable thing to any person for or on account of or in
connection with his test, appointment, proposed appointment
promotion or proposed promotion.
(c) Any person who by himself or with others violates
subsection (a) or (b) of this section shall be guilty of a
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Class 2 misdemeanor punishable as made and provided by law. Any
person who is convicted under this section shall for a period of
five years be ineligible for appointment to or employment in a
position in the County service and shall , if he be an official
or employee of the County, immediately forfeit the office or
position he holds.
(d) Electioneering in any County office, building or
premises during working hours applicable thereto in such a
manner as to hinder, delay, disrupt or otherwise disturb normal
work procedures is hereby prohibited. Any person who by himself
or with others violates this subsection shall be guilty of a
Class 4 misdemeanor punishable as made and provided by law.
(e) No official or employee in the classified service of the
County shall continue in such position after being elected to any
public office, the duties of which conflict with or otherwise
impair his ability to perform his duties as an employee of the
County.
Sec. 10. Definition of grievance.
A grievance shall be a complaint or dispute by an employee
relating to his or her employment, including but not necessarily
limited to:
(a) Disciplinary actions, involving dismissals, demotions
and suspensions;
(b) Concerns regarding the application, meaning or
interpretation of personnel policies, procedures, rules and
regulations;
(c) Acts of reprisal as the result of utilization of the
grievance procedure; and
(d) Complaints of discrimination on the basis or race, color
creed, sex, age or physical handicap.
Complaints shall benongrievab1e where they involve:
(a) Establishment and revision of wages or salaries,
position classifications or general benefits;
(b) Work activity accepted by the employee as a condition of
employment or work activity which may be reasonably expected to
be a part of the job content;
(c) The contents of ordinances, statutes or established
personnel policies, procedures, rules and regulations;
(d) Failure to promote except where the employee can show
established promotional policies or procedures were not followed
or applied fairly;
(e) The methods, means and personnel by which such work
activities are to be carried on; or
(f) Discharge, layoff or suspension from duties because of
lack of work, reduction in work force, or job abolition.
The classification of a complaint as "nongrievab1e" shall
not be construed to restrict any employee's right to seek or
management's right to provide customary administrative review of
complaints outside the scope of the grievance procedure.
Once an employee reduces his grievance to writing he must
specify on the appropriate form the specific relief he expects
to obtain through the procedure.
Sec. 11. Resolution of issue of grievabi1ity.
Decisions regarding whether or not a matter is grievab1e
shall be made by the County Executive or his designee at the
request of the department head or grievant and such decision shall
be made within ten days of such request; provided however, neither
the County Attorney nor the Commonwealth's Attorney shall be
authorized to decide the issue of grievabi1ity. Decisions of the
County Executive or his designee may be appealed to the
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Circuit Court of the County of Roanoke for a hearing de novo of
the issue of grievabi1ity, and such hearing shall thereafter
comply, matatis mutandis, with all and singular the provisions
of Section 2.1-115.4:1 E, Code of Virginia (1950), as amended.
Sec. 12. Coverage of personnel.
All permanent classified County nersonne1. excluding
probationary' employees, are eligible to file grievances except'
for:
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(a) Those appointees or elected groups or individuals;
(b) Department, division, bureau and agency heads;
(c) Any law enforcement officer as defined in Chapter 10.1
of Title 2.1 of the Code of Virginia (1950), as amended, whose
grievance is subject to the provisions of Chapter 10.1 of
Title 2.1, and who has elected to proceed pursuant to Chapter
10.1 of Title 2.1 in the resolution of his grievance; and
(d) Managerial employees who are engaged in departIDent-
~ide policy determinations, except'that such managerial emp1oyee~
oe1ow the department head level may file grievances regarding
disciplinary actions involving dismissals, demotions, and
suspensions.
Employees of the Department of Health and Welfare shall
be excluded from the County's grievance procedure. Constitutiona
officers' employees shall not have access to the County's
grievance procedure, and such employees are excluded from the
County's personnel system.
Sec. 13. Minimum grievance procedure steps.
The County Executive shall by regulation establish a
grievance procedure for all eligible employees which shall, at
a minimum, include the following:
(a) A first step which shall provide for an informal,
initial processing of employee complaints by the immediate
supervisor through a nonwritten, discussion format; and
(b) A final step which shall provide for a hearing before
an impartial panel. The decision of such panel shall be final
and binding.
All stages of the grievance beyond the first step shall be
in writing on forms supplied through the County Administration.
Both the grievant and the respondent may call upon appropriate
witnesses and be represented by legal counselor other
representatives. The grievance panel shall promulgate rules of
conduct for panel hearings.
The grievance procedure shall prescribe reasonable time
limitations for the grievant to submit and initial complaint
and to appeal each decision through the steps of grievance
resolution. Such limits shall correspond generally or be
equivalent to the a110ted time which is allowed the response
in each comparable situation.
Failure by the grievant to comply with all substantial
procedural requirements of the grievance procedure without just
cause will terminate the right to further appeal. Failure of the
respondent to comply with all substantial procedural require-
ments of the grievance procedure without just cause will, at
the option of the grievant, advance the grievant to the next
step in the grievance resolution process. Failure of the
respondent, without just cause, to comply with all substantial
procedural requirements of the final step of the grievance
procedure shall result in a decision in favor of the grievant.
Sec. 14. Grievance pane1- continuation and composition.
There is hereby continued, as heretofore created and
established by resolution No. 1049, adopted May 15, 1974, by the
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Board of Supervisors of Roanoke County, the grievance panel to
consist of three (3) regular members and two (2) alternate
members to be selected by the County Board, pursuant to the
provisions of Resolution No. 1049. The Board shall, in appoint-
ing such members and alternates, consider, in addition to other
appropriate criteria, persons belonging to the protected classes
as defined by Title VII of the Civil Rights Act of 1964 (as
amended 1972), 42, V.S.C., 2000e 2(a)(2). The members and
alternates shall have those characteristics of open mindedness
and fairness necessary to fairly and impartially-hear and resolve
differences. The County Executive or his designee shall provide
such clerical and technical assistance to the grievance panel
as it may from time to time request, and shall be responsible for
the keeping of all records of hearings of the grievance panel.
Sec. 15. Responsibilities and duties of grievance panel.
The grievance panel shall have the responsibility and
duty to hear and render final decisions on grievances referred
to such panel upon the evidence presented and developed at the
hearing and upon the County's applicable personnel policies,
rules and regulations in effect at the date the grievance arose.
The panel shall have no authority to add to, subtract from or
amend existing policies, rules and regulations. In conducting
hearings pursuant to this chapter the grievance panel is hereby
authorized to administer oaths.
Sec. 16. Panel proceedings.
(a) The grievance panel shall designate one of its members
as panel chairman for such grievance hearings as such panel may
determine. In the event the three regular members of the griev-
ance panel be not available for a hearing, one of the alternate
members shall be designated to fill such vacancy.
(b) Panel hearings shall be conducted as follows:
(1) The panel shall determine whether the grievant
wishes to have an open or closed hearing; provided however, both
the grievant and the administrative party to the proceedings or
his designee shall be permitted to be present at all times except
during deliberation of the panel.
(2) The panel may ask, at the beginning of the hearing
for statements from the grievant and the administration (or their
respective representatives) clarifying the issues involved and
summarizing the evidence to be presented.
(3) The burden of proof shall be and remain at every
stage of the hearing the burden of the party initiating the
grievance. Such Durden shall be deemed to have been carried when
a preponderance of the evidence introduced substantiates the
grievant's claim. The grievant or his representative shall
present his claims, proofs, and witnesses who shall be sworn
and who shall submit to questions or other examination. The
administration shall, thereafter, present its defense to the
claims and charges of the grievant with like formality as requir-
ed of the grievant in presenting the case in chief. The afore-
said representative of either the grievant or the administration
may be a duly qualified attorney-at-law, or any other person
selected by either of them. Any expense incurred by reason of
such representation shall be borne by the party on whose behalf
such representative appears.
(4) Exhibits, when offered by the grievant or the
administration, may be received in evidence by the panel and,
when so received, shall be marked and made part of the record.
(5) The parties shall produce such evidence as the
panel may deem necessary to an understanding and determination of
the grievance. The panel shall be the judge of the admissibility
if all evidence offered. All evidence shall be taken in the
presence of the panel and of the parties.
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(6) At the conclusion of the presentation of evidence,
the panel chairman shall specifically inquire of both the
administration and the grievant, or their respective represent-
atives, whether they have any further proofs to offer or
witnesses to be heard. Upon receiving negative replies, the
chairman shall declare the hearing closed, and the panel may
deliberate in executive session upon proper motion and vote,
(7) The decision of the panel shall be arrived at by
a majority vote in open session.
(8) The hearing may be reopened by the panel for good
cause shown on its own motion or upon application of the grievant
or the administration at any time before the written decision
is distributed.
(9) A record of the proceedings relating to any
grievance shall be provided upon request of either party. The
party requesting the record shall request such record in writing
and shall pay the expense of preparing such record.
(10) The panel shall file, in writing, a statement
setting forth findings of fact and its decision based thereon,
signed by a panel member concurring in the same, with a signed
copy forwarded to each party in interest not more than five (5)
working days following adjournment of the hearing. A panel
member who dissents from the majority decision may file a
written dissenting opinion.
(11) The grievance panel upon hearing a grievance is
hereby authorized to fashion a remedy on behalf of the prevail-
ing party which is fair, just, reasonable and equitable to all
parties; provided, however, no such remedy shall place a
grievant in any better position than he would have achieved but
for the wrongful act giving rise to the grievance.
Sec. 17. Employee rights; free exercise therof.
Employees of the County shall have the right to present to
the Board their views concerning any matters relating to the
employment relationship, and may process any grievance at any
administrative level or to the grievance panel and, in the
exercise of these rights, employees shall be and are assured of
freedom from unreasonable interf"erence, discrimination or
reprisal; and any of such actions taken by the administration or
any of its employees as a result of the exercise of rights
guaranteed herein shall be grounds for a separate grievance.
Sec. 18. Decisions, failure to comply.
If a grievant, having processed his grievance through the
procedure established for the purpose, fails to comply with the
panel's decision he shall be subject to administrative
disciplinary action by the appropriate board-appointed officer
which shall be non-grievable and final. Should the administratior
fail to comply with such a decision, the grievant may, after
certification of the fact of such administrative noncompliance
by the grievance panel, appeal to the County Board for
appropriate relief.
2. That all ordinances, rules, regulations and procedures
heretofore promulgated or adopted as made and provided by law
inconsistent with the provisions of this ordinance are REPEALED
and rendered null and void as of the date of adoption hereof;
and
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3. That this ordinance shall be in full force and effect
from and after the date of adoption hereof; provided, however,
all matters relating to grievances filed since January 1, 1979,
and prior to the effective date hereof shall be controlled and
disposed of pursuant to the provisions of the grievance
procedure applicable to employees of the Commonwealth of Virginic
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This amendment to take effect May 22, 1979.
James E. Buchholtz, County Attorney, presented this
proposed ordinance to the Supervisors. Mr. Buchholtz stated
this ordinance was necessary in order to bring the County
in conformance with the Code of Virginia and further advised
that said ordinance provides a comprehensive set of provisions
to govern the employment relationship by and between the County
and its employees, setting forth the responsibilities, rights,
and duties of both the County administration and its employees.
No one appeared in opposition.
This concluded the public hearing and the foregoing
ordinance was adopted on motion of Supervisor Terry and the
following recorded vote:
AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry,
Mrs. Johnson
NAYS: None
IN RE: PRESENTATION OF BICENTENNIAL COINS TO SUPERVISORS
Mr. William S. Board, Chairman of the Roanoke Valley
Bicentennial Commission,appeared before the Board and expressed
the Commission's appreciation of the County's support. Mr.
Board then presented to the Supervisors a framed set of
Bicentennial Coins.
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IN RE: FIREWORKS DISPLAY PERMIT - HILLS DEPARTMENT STORE
Mr. Mike Hodge, General Manager, Hills Department Store,
Cave Spring Corners, appeared before the Board regarding the
Store's application for a fireworks display permit for July 4th,
1979. Chairman Johnson recognized Sheriff O. S. Foster, who
spoke in opposition to the permit and asked that the application
be denied on the basis that there is not sufficient space to
accommodate the large group that the fireworks display attracts.
Mr. Hodge stated tnat the store has the display as a community
project in the spirit of tradition and plans to employ off-duty
officers to keep the fire lanes open,
After considerable discussion as to the merits of the
request, Supervisor Terry moved that the Board approve the
application pursuant to Section 11-2 of the Roanoke County Code,
which motion was adopted by the following recorded vote:
AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson
NAYS: None
IN RE: ROANOKE VALLEY CABLEVISION, INC.- QUARTERLY PROGRESS
REPORTS
The 1979 construction schedule of Roanoke Valley
Cablevision, Inc. was for information of the Supervisors and is
filed with the minutes of this meeting.
In regard to the request that the County waive the
requirement for quarterly reports of construction progress,
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c.,
Supervisor Myers expressed interest in continuing to receive
these reports until construction is completed and requested the
County Executive to advise Roanoke Valley Cab1evision of this.
All Supervisors concurred.
IN RE: 1979-80 BUDGET
Mrs. Verla Jo Wirth, a County representative on the Mental
Health Services Board of Directors, appeared before the Board
regarding the agency's budget request. No additional contribution
was made to the organization.
Ms. Kathryn P. Miller, Executive Director, Western Virginia
Emergency Medical Services Council, appeared before the Board
and asked the Supervisors to reconsider their budget request due
to radio maintenance costs.
Supervisor Myers moved that the Board reconsider the agency'
budget request, which motion was adopted unanimously.
Supervisor Myers then moved that the Board donate an
additional $1,000 to Emergency Medical Services, bringing the
County's contribution to $4,000, which motion was adopted by
the following recorded vote:
AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson
NAYS: None
IN RE: AIRPORT RUNWAY EXTENSION
Mr. Maurice M. Kessler, 628 Dent Road, N.W., appeared
before the Board and made a presentation to the Supervisors
opposing the proposed extension of a certain runvlay at Woodrum
Field. A full copy of Mr. Kessler's presentation is filed with
the minutes of this meeting. Mr. James Beavers, a property
owner on Pendleton Avenue, N. W., was also present in opposition.
Mr. Beavers then introduced Dr. Lawrence Rice, Administrator of
Friendship Manor, who also made a presentation in opposition to
the proposed extension. Dr. Rice questioned the accuracy of the
"Environmental Impact Assessment Report for the Extension of
Runway 5-23."
At this point in the meeting, Hollins District Supervisor
Compton supported the citizens' opposition and recommended that
the Supervisors take the necessary action to oppose the proposed
extension. It was noted by County Attorney Buchholtz that there
was an item on the Agenda under his name requesting an Executive
Session to discuss a matter of potential litigation, which was
related to this issue. This concluded discussion of this matter
at this point.
IN RE: DEPARTMENTAL ACTIVITIES REPORTS-APRIL, 1979
The departmental activities reports for the month of April,
1979, as submitted by the County Executive, were for information
of the Supervisors and are filed with the minutes of this
meeting.
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IN RE:
REFERRALS TO PLANNING COMMISSION
I
In a report to the Board, the County Executive advised
that the following petition for rezoning has been referred to the
County Planning Commission since the Supervisors' meeting on
April 10, 1979:
(1) Petition of William C. and Shirley H. Bishop requesting
rezoning from A-I to M-l of a 3-acre portion of a 5~14-
acre tract bounded on the northwest and south by State
Secondary Route 803 just south of its intersection with
Route 116 at Windy Gap Mountain in the Vinton District.
Rezoning is requested so the petitioners may construct
a building in which cars will be dismantled and their
used parts offere0 for ~ale.
The following petition, previously referred to the Planning
Commission, is being withdrawn from further consideration at the
request of the petitioner and with the concurrence of the
Commission:
(2) Petition of Ronald Thompson, Jr. requesting rezoning
B-2 to M-l of a portion of a 0.829-acre tract on the
north side of Route 419, about 350 feet west from its
intersection with Bernard Drive and adjoining the
Glidden Paint Center on the west side. Rezoning was
requested so the petitioner could build office puildings
thereon and lease them to AAMCO for use as offices,
showrooms, sales area, and installation and repair
of automatic transmissions (Cave Spring District).
IN RE: PROPOSED SUBSIDIZED HOUSING PROJECTS
Supervisor Terry moved that the Board concur with the
recommendation of the County Planner and delay action on
proposed subsidized housing projects until the June meeting of
the Fifth Planning District Commission's Executive Committee so
that the County~s Planning and Zoning Department may formulate
a. Housing Policy for Roanoke County and have the proposed project:;
reviewed by the County Planning Commission for their comments,
which motion was adopted unanimously.
IN RE: TEEN DISCO AT THE HARVEST HOUSE RESTAURANT
Supervisor Terry moved that the Board deny the request of
the Director of :Parks.and Recreation to adopt a resolution
allowing the County Executive and the County Attorney to
negotiate an agreement on behalf of the County Department of
Parks and Recreation with Jackie Graham, t/a HarveBt 'Hou-se
Restaurant, to hold a "Teen Disco" each Saturday afternoon
during the summer.
The motion was adopted by the following recorded vote:
AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson
NAYS: None
IN RE: RESOLUTION NO. 2302 AUTHORIZING THE COUNTY EXECUTIVE
TO ENTER INTO A RENTAL AGREEMENT WITH CARTER MACHINERY
COMPANY, INC., TO RENT CERTAIN EQUIPMENT UPON CERTAIN
TEP~S AND CONDITIONS
BE IT RESOLVED by the Board of County Supervisors of
Roanoke County as follows: ----
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1. That the County Executive be, and he is hereby,
authorized and directed to enter into a certain lease agreement
with Carter Machinery Company, Inc., to rent for a period not to
exceed thirty (30) days a 613 self-loading pan and 941 front-end
loader, such lease agreement to be upon form approved by the
County Attorney; and
2. That the aforesaid equipment shall be rented at a sum
not to exceed $5,500 to be used for work to be performed by the
County Public Works Department for partial development of a
ten (10) acre park site off State Route 912 in the Mason Cove
area of Roanoke County.
On motion of Supervisor Myers and adopted by the following
recorded vote:
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AYES:
NAYS:
IN RE:
Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson
None
FINANCIAL STATEMENT
The financial statement, as submitted by the Director of
Finance, for the ten months ending April 30, 1979, was for
information of the Supervisors and is filed with the minutes
of this meeting.
IN RE: RESOLUTION NO. 2303 ACCEPTING A CERTAIN BID MADE TO
THE COUNTY OF ROANOKE FOR STREET REPAIRS FOR THE
PURPOSE OF BRINGING SAID STREETS TO STANDARDS
ACCEPTABLE BY THE VIRGINIA DEPARTMENT OF HIGHWAYS
AND TRANSPORTATION TO BE ACCEPTED INTO THE SECONDARY
HIGHWAY SYSTEM, UPON CERTAIN TEP~S AND CONDITIONS,
AND AUTHORIZING AND DIRECTING THE COUNTY EXECUTIVE
TO ENTER INTO CONTRACT WITH THE SUCCESSFUL BIDDER
BE IT RESOLVED by the Board of County Supervisors of
Roanoke County as follows:
1. That that certain bid of John A. Hall & Company, Inc.,
of Roanoke, Virginia, in the total amount of $33,153 for
street repairs for the following streets, to-wit;
a. Wipledale Avenue from Twilight Road to Pin Oak Drive,
b. Foxtail Lane from Wipledate Avenue to end,
c. Quail Hollow Circle from Wipledate Avenue to end,
d. Lamplighter Drive from Twilight Road to Lantern Road,
for the purpose of bringing said streets to standards acceptable
by the Virginia Department of Highways and Transportation to be
accepted into the secondary highway system, upon all and singular
the terms and conditions of the invitation to bid, the
specifica'tions of the County of Roanoke, Virginia, the bidder's
proposal and the provisions of this resolution be, and the same
is hereby, ACCEPTED; and
2. That the County Executive be, and he is hereby,
authorized and directed to enter into contract with John A. Hall
& Company, Inc., of Roanoke, Virginia, for the execution of the
work to be performed as aforesaid; and
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3. That all other bids for the performance of said work
are hereby REJECTED and the County Clerk is directed to so
notify such bidders and express the County's appreciation for
such bids.
On motion of Supervisor Myers and adopted by the following
recorded vote:
AYES:
NAYS:
Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson
None
IN RE: RESOLUTION NO. 2304 APPROPRIATING THE SUM OF $12,900
FROM THE COUNTY'S UNAPPROPRIATED BALANCE TO THE ACCOUNT
60319A-610 FOR STREET I~ROVEMENTS
On motion made by Supervisor Myers, the General Appropriation
Resolution of Roanoke County, Virginia, adopted June 27, 1978, be, and
the same is hereby, amended as follows to become effective May 22, 1979:
DESCRIPTION
ACCOUNT NUMBER
INCREASE
(DECREASE)
Class:
Fund:
Department:
Obj ec t:
Expenditures
General Operating
Capital Outlay
Street Improvements
60319A-610
$12,900
Depar tmen t :
Ob j ec t :
Contingent Balance
Unappropriated Balance 60399A-999
(12,900)
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AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson
NAYS: None
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IN RE: RESOLUTION NO. 2305 ACCEPTING A CERTAIN BID
MADE TO THE COUNTY OF ROANOKE FOR LANDSCAPING
THE GLENVAR LIBRARY, UPON CERTAIN TERMS AND
CONDITIONS, AND AUTHORIZING AND DIRECTING THE
COUNTY EXECUTIVE TO ENTER INTO CONTRACT WITH
THE SUCCESSFUL BIDDER
BE IT RESOLVED by the Board of County Supervisors of
Roanoke County as follows:
1. That that certain bid of Laurel Creek Nursery in the
amount of $5,018.60 for landscaping the Glenvar Library, being
property of the County of Roanoke, upon all and singular the
terms and conditions of the invitation to bid, the specifications
of the County of Roanoke, Virginia, the bidder's proposal and
the provisions of this resolution be, and the same is hereby,
ACCEPTED; and
2. That the County Executive be, and he is hereby,
authorized and directed to enter into contract with Laurel
Creek Nursery for the execution of the work to be performed as
aforesaid; and
3. That all other bids for the performance of said work
are hereby REJECTED and the County Clerk is directed to so
notify such bidders and express the County's appreciation for
such bids.
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On motion of Supervisor Myers and adopted by the following
recorded vote:
AYES:
NAYS:
IN RE:
Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson
None
WATER BUDGET - FISCAL YEAR 1979-80
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On motion of Supervisor Terry and a unanimous voice vote,
the report of the County's Utility Director entitled "Water
Budget - Fiscal Year 1979-80" was this date received and filed.
It was also noted that this item has been advertised for
public hearing by the Board of Supervisors on June 12, 1979.
IN RE: RESOLUTION NO. 2306 AUTHORIZING THE COUNTY
EXECUTIVE TO ENTER INTO A CERTAIN LEASE-PURCHASE
OPERATIONAL AGREEMENT RELATING TO CAMPBELL HILLS
WATER COMPANY
BE IT RESOLVED by the Board of County Supervisors of
Roanoke County as follows:
1. That the County of Roanoke having heretofore determined
that it should purchase the Campbell Hills Water System, does
hereby authorize and direct the County Exective to enter into
a certain lease-purchase operational agreement relating to
Campbell Hills Water Company with Thomas Brothers, Inc.,
owners thereof, upon form approved by the County Attorney;
and
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2. That the County Exective be, and he hereby is,
authorized and directed to proceed with the purchase of such
water company as soon as same can be accomplised, all as made
and provided by law.
On motion of Supervisor Terry and adopted by the following
recorded vote:
Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnsor
None
AYES:
NAYS:
IN RE:
RESOLUTION NO. 2307 AUTHORIZING THE COUNTY EXECUTIVE,
ON BEPALF OF THE COUNTY OF ROANOKE, TO ENTER INTO A
CERTAIN AGREEMENT WITH THE CITY OF ROANOKE TO PURCPASE
WATER FROM THE CITY OF ROANOKE UPON CERTAIN TERMS AND
CONDITIONS
BE IT RESOLVED by the Board of County Supervisors of
Roanoke County as follows:
1. That the County Executive be, and he hereby is,
authorized and directed to execute and enter into a certain
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agreement with the City of Roanoke to purchase water for use
in a portion of Roanoke County known as Garden City-O. C. Thomas
Water System and ordinary extensions thereof, said contract
to be upon form approved by the County Attorney; and
2. That said agreement shall contain amongst other terms
and conditions, provision that the term of said agreement shall
be for a period of ten (10) years and that the County shall
pay for such water at a rate not to exceed $0.83 per 1,000
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gallons delivered to the County.
On motions of Supervisor Park and adopted by the following
recorded vote:
AYES:
NAYS:
IN RE:
Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson
None
COURT SERVICE UNIT ADVISORY COUNCIL-1979 ANNUAL REPORT
On motion of Supervisor Compton and a unanimous voice vote,
the 1979 Annual Report submitted by the Roanoke County Court
Unit Advisory Council was this date received and filed.
IN RE: APRIL JAIL REPORT
The Jail Report for the month of April, 1979, was for
information of the Supervisors and is on file in the Office of
the County Sheriff.
IN RE: ORDINANCE NO. 2308 GRANTING TO BOOTH AMERICAN COMPANY
OF DETROIT, MICHIGAN, D/B/A/ SALEM CABLE TV, THE RIGHT,
FOR THE TERM AND UPON THE CONDITIONS HEREIN STATED,
TO USE THE STREETS, ALLEYS AND PUBLIC WAYS UPON
OBTAINING ALL NECESSARY APPROVALS FROM ALL INDIVIDUALS
AND REGULATORY AGENCIES TO ERECT CONSTRUCT, OPERATE
AND MAINTAIN A COMMUNITY ANTENNA TELEVISION (HEREINAFTER
CABLE TELEVISION OR CATV) SYSTEM AND TO CONSTRUCT,
INSTALL AND MAINTAIN, UPON OBTAINING ALL NECESSSARY
APPROVALS FROM ALL REGULATORY AGENCIES AND INDIVIDUALS,
POLES, WIRES, CONDUITS AND APPURTENANCES NECESSARY TO
THE SALE AND DISTRIBUTION OF CATV SERVICES IN AND
ALONG THE STREETS, ALLEYS AND OTHER PUBLIC WAYS IN
CERTAIN SPECIFIED AREAS OF ROANOKE COUNTY, VIRGINIA;
ESTABLISHING CONDITIONS CONTROLLING THE EXERCISF OF
SAID FRANCHISE AND 'THE SALE AND . DISTRIBUTION OF CATV
SERVICES: AND REGULATING THE MANNER OF USING THE
STREETS, ALLEYS AND PUBLIC WAYS
BE IT ORDAINED by the Board of Supervisors of Roanoke
County as follows:
Section 1. Definitions.
As used herein, the following words and phrases shall have
the following meanings, unless a contrary intent appears from the
context of the provisions wherein used:
(a) "County" or "the County" means Roanoke County, Virginia.
(b) "Board" or "the Board" means the Board of Supervisors
of Roanoke County, Virginia.
(c) "Grantee" or "the grantee" means Booth American
Company of Detroit, Michigan, D/B/A Salem Cable TV.
(d) "Street" or "the streets" means the streets, alleys,
avenues, highways, and/or other public ways in Roanoke County.
(e) "In the streets" shall be construed and understood to
include "under, along or over the streets," when the physical
situation so applies.
(f) "Service" is used in this ordinance in its broadest
and most inclusive sense and includes not only the uses and
benefits afforded to subscribers, but also any product or
commodity furnished by the Grantee and equipment, apparatus,
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appliances and facilities devoted to the purposes in which the
grantee is engaged
(g) "County Egnineer" means the County Engineer of
Roanoke County or such other officer or official of the County
government, or other person, charged by the Board or the County
Administrator with responsibility and auth6rityover the public
property in the County, regardless of the title then assigned
such person.
(h) "Community antenna television (or cable television
or CATV) system shall mean any facility which is operated to
perform for hire, either in whole or in part,the service of
receiving, amplifying, modifying or originating television,
radio, or other electrical signals for the purpose of
transmitting or distributing such signals by wire, cable or
other means to subscribing members of the public, except that
such definition shall not include (1) any system which serves
fewer than fifty subcribers, or (2) any system which serves
only the residents of one or more contiguous apartment dwellings
under common ownership, control or management, and commercial
establishments located on the premises of such dwellings as
such system is defined by the Federal Communications Commission.
(i) "Federal Communications Commission" or "FCC", shall
mean that agency of the Federal government which has jurisdictio
over the regulation of CATV systems.
(j) "Gross Subscriber Revenues" shall mean the Grantee's
annual gross revenues derived from basis service.
(k) "Subscriber" shall mean any person or entity
receiving for any purpose the cable television service of the
Grantee herein.
(1) "Application" shall mean the proposal and applicatio
of the Grantee for the rights granted hereunder filed with the
County.
(m) "Basic Service"shall mean the simultaneous delivery
by the company to television receivers (or any other suitable
type of audio-video communication receivers), of all subscribers
and to all locations in the County, of all signals of over-the-
air television broadcasts required to be carried in the County
by the FCC, and of all access channels required to be carried
by the FCC, provided, however, that payor subscription
television, as defined by the FCC, shall not be considered
part of the basic service.
(n) "Access Channels" shall mean the channel or
channels which are required by the FCC to be allocated and
maintained for local governmental, education, public or leased
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use.
(0) "Street Miletl shall mean one linear mile measured
5-22-79
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over consecutive streets within the County boundaries.
(p) "Housing Unit" shall mean any house or apartment
which is occupied or intended for occupancy as permanent living
quarters.
(q) "Average density" or lIdensity" shall mean the ratio
of (1) the total number of housing units to be passed by the
system extension to (2) the number of street miles of system
required for such extension.
(r) "County Administrator" shall mean the County Executive
of Roanoke County or the person or persons having administrative
and executive authority in Roanoke County.
(s) "Franchise Area" shall mean the boundary for the
physical area within the County described as follows:
1. Beginning at the intersection of Route 689 where the
Appalachian Power Company power lines intersects with
Route 689 and following the power line to the
Montgomery County line.
2. Northeast along the Montgomery County line to Interstate
81.
3. An imaginary straight Northeast line from 1-81 at the
Montgomery County line to the intersection of Big
Bear Rock Branch and the Appalachian Power Company
power line.
4. East on the power line (and generally paralleling
Interstate Route 81) from Big Bear Rock Branch to
Route 863.
5. From Route 863 Southward to Route 419.
6. From Route 419, Southeast to Interstate Route 81 and
the Salem City limits.
7. South along the Salem City limits to Route 685 near
Barnhardt.
8. An imaginary South straight line from 685 near Barnhardt
to the intersection of Route 689 and the Appalachian
Power Company power lines.
Section 2. Grant of Authority.
Subject to the provision, conditions and restrictions set
forth in this ordinance or herein referred to, there is hereby
granted to Booth American Company of Detroit, Michigan, d/b/a
Salem Cable TV, for a period of fifteen (15) years, commencing
upon such dates as the Grantee shall have obtained from the
FCC all authorization necessary to operate a CATV system in the
Franchise Area, provided such license or permit be obtained by
the grantee within twenty-four (24) months next following the
final passage of this ordiance, the County may renew the franchis
for an addtional fifteen (15) year term provided that the
grantee shall be deemed by the Board of Supervisors who have
rendered satisfactory service under this franchise and providing,
further, that the Board of Supervisors, has complied with the
provisions of Article 2, Chapter 9., Title 15.1 of the Code of
Virginia, 1950, as amended, the right to use the streets of the
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County, upon obtaining all necessary approvals from all regul-
atory agencies and individuals having an interest in the streets,
alleys and public ways, to operate and maintain a CATV system
within the boundaries of the Franchise Area, and, for the
purposes, to construct, erect, maintain and use, upon obtaining
all the aforesaid necessary approvals, its poles, towers wires,
conduits, cables, subways and appliances, including necessary
manholes, in, under, across, over and along the streets within
the boundaries of the Franchise Area as said boundaries now
exist or may hereafter be extended or altered. Upon the expiration
of the term for which this franchise is granted, or upon
expiration of any renewal or extension of the original term
hereof, or upon termination for cause as provided for herein,
the grantee shall at its own expense, remove all wires, cables,
amplifiers, towers, poles and other parts of its CATV system
from all streets, public and private ways within the franchise
area and, should the grantee refuse or fail to fully comply with
this provision, the County shall have the right to have such
CATV system or parts thereof removed at a cost to be borne by
the grantee and the County shall not be liable to the grantee
for any damages resulting therefrom.
Section 3, Territorial Area Involved.
The franchise relates to the territorial boundaries of
the Franchise Area, as described in Section 1, above.
Section 4, Construction and System Extension.
Within thirty (30) days of the effective date of the
ordinance granting this franchise, the grantee shall diligently
commence all efforts to obtain all necessary certificates,
licenses, permits and agreements which are required to construct
and operate a CATV system in the Franchise Area. Within ninety
(90) days of receipt of such certificates, licenses, permits and
agreements, the Grantee shall commence construction of the
CATV system. Thereafter, construction shall proceed at such rate
so as to make service available at the earliest possible time
not to exceed thirty-six (36) months to all members of the
public residing within the Franchise Area and desiring such
service; provided however, that there exists within the specific
area to be served an average of at least thirty-five (35)
customers per street mile and provided further, that the
grantee may at any time extend service to any part of the
franchise area, regardless of density, subject to the terms and
conditions of this franchise ordinance. The grantee shall not be
responsibile for any failure to meet all or any part of these
deadlines due to federal, state or local action, statute,
ordinance, or regulation, strike or other labor trOuble, act of
God, riot or other civil disturbance, inability to secure
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materials or supplies, or, without limiting the foregoing, by any
other cause, contingency, or circumstance not subject to its
control which prevents or hinders the construction of the CATV
system described herein.
Section 5. Service Standards and Capacity.
The grantee agrees to provide and maihtain, at 'a11 time$,
its entire plant, system and equipment, including customer
equipment, in such condition that it will furnish safe, adequate,
efficient and continuous CATV service to and for the citizens
of and customers in the Franchise Area, subject to all and
singular terms, conditions and provisions of the grantee's bid
proposal upon which this franchise is awarded and which said
proposal is incorporated herein in full by reference and the
terms, conditions and provisions, of this ordinance.
The grantee shall ensure that the CATV system as construed
meets or exceeds those standards described within Subpart K of
Part 76 of the FCC's Rules and Regulations including those
sections pertaining to performance tests, technical standards,
measurements and interference.
Any modifications or amendment of such rules as may take
place from time to time and during the duration of this ordinance
shall be incorporated herein by reference.
The system, as installed, shall:
a. Be capable of transmitting at least twenty (20)
channels, passing the entire VHF and FM spectrum, and it shall
have the further capability of converting UHF for distribution
to subscribers.
b. Be capable of transmitting Class I channels as defined
by the FCC rules.
c. Be capable of passing standard color TV signals without
the introduction of material degradation of color fidelity and
intelligence.
d. Be capable of transmitting Class II channels (as definec
by the FCC), with the same quality as Class I channels.
e. Provide for experimentation with respect to Class IV
channels (as defined by the FCC), and shall implement such new
services as may be deemed technically and economically feasible
at the earliest possible time.
Except as may otherwise provided for herein, the cable
television system electronic equipment, studios and the
construction of the cable television distribution system shall
conform in all respects with the standards and specifications
set forth in the application of the Grantee for the rights
granted under this Ordinance, said application being on file with
the County.
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Section 6. Construction Standards.
The County may require that construction plans be approved
in advance by the County Engineer. In addition, all construction
shall meet or exceed the minimum standards set forth in the
following paragraphs:
a. All electrical wiring shall comply with the National
Electrical Safety Code.
b. All towers shall be constructed to comply with the
Electronic Industries Association RS-222-A and the Federal
Aviation Administration's (hereinafter FAA) Regulations 14
C.F.R. 77.1. All towers shall be lighted and marked according
to FAA Regulations 47 C.F.R. 77.1. In addition, antennas shall
be able to withstand without encountering physical damage,
wind and ice loading equivalent to that specified in RS-222-A.
c. All working conditions practices and equipment shall
comply with those standards set forth by the Occupational
Safety and Health Administration and with all County constructiol
ordinances.
d. All electronic equipment, cable plant, and cable
connections and splices shall be protected from damage,
degradation or outages caused by corrosion or normal weather
conditions and shall be readily accessible for repairs or
inspection.
Section 7. Use of Streets.
a. General Control and Locations of Line and Conduit.
The Grantee, in any opening it shall make in the streets in the
County, shall be subject to the provisions of this francise
and to all applicable statutes, ordinances and regulations of
the County or of the Commonwealth of Virginia or any of its
departments of agencies.
In constructing its CATV system, the Grantee shall
utilitize existing poles, conduits and other wireholding
facilities to the extent possible, and shall not construct or
install any additional poles, conduits or other wireholding
facilities without first obtaining written permission to do so
from the County Engineer and the Virginia Department of
Highways.
All poles erected by the Grantee shall be neat and
symmetrical and shall be so located as to in no way interfere
with the safety or convenienee of persons traveling on or
over the streets and public places. The County reserves the
right by resolution of the Board or otherwise through proper
representatives of the County to further or specifically
designate the locations of any poles, towers. lines) cable
or conduit, with reference to other governmental facilities
such as sewer and water mains, signal poles and lines,
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drainage facilities and other services, or to other facilities
such as sewer and water mains, signal poles and lines, drainage
facilities and other services, or to other facilities such as
gas lines, public electric utilities and railway message, signal
or power lines in such a manner as to promote the public safety
and to protect public property. Failure by the County to so
designate shall not relieve the Grantee of responsibility in
matters of public safety as hereinabove specified. The Grantee
shall construct and locate poles, lines and conduits so as not to
interfere with the construction, location and maintenance of
sewer or water service lines or mains. Any designation of locatio!
required or authorized herein shall be accomplished by the
County so as not to unnecessarily delay the Grantee in any of its
operations. The County or the Virginia Department of Highways may
restrict the location of service lines, appurtenances or facilitiE
of the Grantee from parkways or parkway drives wherein such would
conflict with appearance standards or may require, as an alternatE
thereto, the construction wholly or in part of underground conduitB,
appurtenances or facilities.
b. Restricted Overhead Area. Within those sections or
areas of the County as may be designated now or from time to
time for underground construction all of the Grantee's cable lineE
and cable facilities shall be constructed and maintained under-
ground, provided, however, that where poles and overhead lines
and cables exist in the aforesaid section or areas at the time
of the award of this franchise, Grantee shall be allowed to
construct and maintain overhead facilities in such areas but,
provided further, that should any and all replacements or
reconstruction or renewal of such existing overhead facilities
in said areas be relocated, replaced or reconstructed under-
ground, Grantee's facilities will also be so relocated. Further-
more, if at a future date the County requires all utilities to
be placed underground, the Grantee shall remove from the streets
alleys, highways or other public places of the said County, or
any part thereof, its poles, wires, cables, and other appurten-
ances, and shall place such wires, cables and other appurtenances
underground in safe and suitable conduits.
c. Disturbance of Streets-Restoration.
1. The Board or the Virginia Department of Highways may
require that written permits, in any or all cases, be obtained
by the Grantee from the County Engineer or the Virginia Department
of Highways before and whenever it becomes necessary for the
Grantee to excavate in the streets of the County in order to
install, construct, extend or repair any of the CATV lines, poles,
towers, or conduit or services therein or thereon. Grantee shall
also obtain all other necessary permits from all other regulatory
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agencies and individuals prior to initiating such work. Such
permits, if required, may be made applicable to any or all types
of excavations, as prescribed by the Board. Such permits,
further, shall state the particular part or point of the streets
where said construction or excavation is to be made and the
length of time in which such permit shall authorize such work
to be done. Exception to requirement for permit may be permitted
in cases of emergencies involving public safety.
2. Immediately after poles, towers, conduits, cables,
lines or manholes are installed or repaired by the Grantee, the
incidental trenches or excavations shall be refilled by the
Grantee in a manner acceptable to the County Engineer and the
Virginia Department of Highways. Pavement, sidewalks, curbs,
gutters or other portions of streets or public places destroyed,
distrubed or damaged by such work shall be promptly restored
and replaced with like materials to their former condition by
the Grantee at its own expense; however, where it is necessary
and if permitted, in order to achieve former condition the
Grantee mayor shall use materials whose type, specifications
or quantities exceed or are different than those used in the
original construction or installation and the Grantee at its
own expense shall provide such different materials. Where a
cut or disturbance is made in a section of sidewalk paving,
rather than replacing only the area actually cut, the Grantee
shall replace the full length of the section or sections cut,
a section being defined as that area marked by expansion joints
or scoring. The Grantee shall maintain, repair and keep in good
condition, for a period of one year following such disturbance,
all portions of streets disturbed by it or its agents, provided
such maintenance and repair shall be made necessary because of
defective workmanship or materials supplied by Grantee, The
Grantee shall, in any street, promptly remove or correct any
obstruction or defect therein which may have been caused by the
Grantee or its agents in the installation, operation or main-
tenance of the Grantee's facilities. Any such obstruction or
defect which is not promptly removed, repaired or corrected by
the Grantee after proper notice so to do, given by the County
or the Virginia Department of Highways to said Grantee, may be
removed or corrected by the County or said Virginia Department
of Highways , and the costs thereof shall be charged against
the Grantee and may be enforced as a lien upon any of its
properties or assets. Expense of damage, relocation or replace-
ment to County utility lines, sanitary sewers, storm sewers,
storm sewers, storm drains, where such expense results from
construction or maintenance of the Grantee's lines or facilities
shall be borne by the Grantee and any expense incurred in
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connection therewith by the County or the Virginia Department of
Highways shall be reimbursed by the Grantee.
3. The Grantee shall not open, disturb or obstruct, at
anyone time, any more of such public streets than may, in the
opinion of the County Engineer or the Virginia Department of
Highways, be reasonably necessary to enable it to proceed with
advantage in laying or repairing its lines or conduit. Neither
shall the Grantee permit any such street, sidewalk, or public
place, so opened, disturbed or obstructed by it in the install-
ation, construction or repair of its lines or conduit, to remain
open or the public way disturbed or obstructed for a longer perio
of time than shall, in the opinion of the County Engineer or the
Virginia Department of Highways be reasonably necessary. In all
cases where any street or public place shall be excavated,
disturbed or obstructed by the Grantee, the Grantee shall take
all precautions necessary or proper for the protection of the
public and shall maintain adequate warning signs, barricades
signals and other devices necessary or proper to adequately give
notice, protection and warning to the public of the existence of
all actual conditions present.
4. ~lenever the County or the Virginia Department of
Highways shall construct, widen, reconstruct, realign, pave or
repave any street or public place, or shall change the grade or
line of any street or public place or shall construct or
reconstruct any conduit, water main, sewer or water connection,
or other municipal works or utility, it shall be the duty of the
Grantee, when so requested by the County or Virginia Department
of Highways to promptly and with concerted cooperation with the
County or the Virginia Department of Highways and with any
affected public utility or public service company, change its
lines, conduits, services and other property in the streets or
public places, and/or areas adjacent thereto, at its own expense
so as to conform to the new widening, location, alignment, or
grade of such street or public place and so as not to interfere
with any such conduits, sewers and other mains as constructed or
reconstructed. Upon written notice by the County or the Virginia
Department of Highways of the intended work, above specified,
Grantee shall within a reasonable period of time accomplish its
obligation in accordance with and to conform to the plans of the
County or the Virginia Department of Highways for such constructi<h,
reconstruction or improvements. However, the Grantee shall not
be required by the County or the Virginia Department of Highways
to relocate CATV lines, whether above or below the ground
elevation, when the street or public ground in which they are
located is vacated for the convenience of abutting property
owners and not as an incident to a public improvement.
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5. The Board may require that written permits, in any
and all cases, be obtained by the Grantee from the County
Engineer before and whenever it becomes necessary for the Grantee
to install, construct, extend or repair any CATV lines, poles,
towers, or conduits or services on, over or under any bridges or
viaducts which are a part of the street system of the County,
provided, however, that exception to the requirement of permit
shall be provided in cases of emergencies involving public
safety. All provisions of this ordinance shall be applicable to
said installation, construction, extension or repair on, over
or under any such bridge or viaduct provided that the factors
of appearance and achievement and maintenance or structural
design requirements of the bridge or viaduct shall be assured.
d. Tree Trimming.
The Grantee shall have the right to remove, trim, cut,
and keep clear of its poles, wires, cables and other appurtenance,
the trees in and along the County streets, but, in the exercise
of such right, the Grantee shall not cut or otherwise damage
said trees to any greater extent than is reasonably necessary
for the election, installation, and maintenance of its CATV
system. However, the Grant shall not remove, trim or cut said
trees without first obtaining written permission of the County
so to do, given by the County Engineer and provided further
that such right shall not extend to any trees on private property
throughout the County.
e. All of the provisions contained in this section of the
ordinance shall be deemed to apply jointly to the County of
Roanoke and to the Commonwealth of Virginia. Permits and
notification, when required, shall be obtained and given to
both the County and the Virginia Department of Highways before
proceeding with any work.
Section 8. Rates.
The Grantee shall supply adequate and efficient CATV
service to customers within the County at reasonable rates; such
rates shall not discriminate against any subscriber or potential
subscriber nor grant any special rate or discount to any
subscriber or potential subscriber except as may be provided
for herein or as may subsequently be authorized by the Board.
It is recognized that, under the statutes of the Commonwealth
of Virginia, the County is vested with legal authority to
establish fees and rates to be charged by the Grantee to its
customers. It shall also be recognized by both the Grantee and
the County that matters involving service and rate charges and
changes thereto are local in their application and effect and
that the County, through its Board, shall be acting within the
area of its authority and governmental responsibilities in
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making inquiries, expressing interest, or adopting a position in
matters of service and of rate charges or changes of the Grantee.
All rates and charges described herein (or as may
subsequently be approved as provided for above), shall be
uniform with respect to all subscribers in the County of Roanoke
and not subscriber shall be made to pay any different rate unless
otherwise provided for herein or approved by the Board.
The initial rates to be charged by the Grantee shall not
exceed:
BASIC SERVICE
Residential Rates:
Installation Charges
First set
Each addition set
Monthly Charges
First set
Each additional set
Each set-top converter
Miscellaneous Charges
Reconnect
Move to location with
existing outlet
Move connection within home
Horne Antenna/CATV System Switch
Commercial Rates:
(More than 4 units at one location)
Installation Charges
Using existing master TV system
First set
Each additional set
~~ere no existing master TV system
Monthly Charges
Individual billing for each unit:
First set per unit
Each additional set per unit
Each set-top converter
Composite billing for all units:
First set per unit
Each additional set per unit
Each set-top converter
Miscellaneous Charges
Reconnect (per unit)
Move connection within unit
$15.00
$ 5.00 Note: No charge if
done at time of
initial installation
$ 7.95
2.75
N/A
$10.00
$10.00
$5.00
N/A
Negotiated separately
N/A
By negotiation with
building owner
Same as Residential Rate~
N/A
No composite billing
planned
N/A
Same as Residential
Rates
The maximum rates stated above shall not be exceeded unlesE
such changes are authorized by the Board after a public hearing
in which the Grantee and any interested parties may be heard;
provided, however, the failure of the Grantor to approve or
disapprove a requested rate amendment, duly documented and
justified by the Grantee, within sixty (60) days follovdng the
submission of such request for a rate amendment shall render such
new rate affected as if approved by the Grantor, from and after
5-22-79
142 I
sixty (60) days following the submission of such rate amendment
request.
Section 9. Reports, Maps and Plats.
The Grantee shall file annually with the County finance
officer or with such other official of the County as may be
charged with the control and keeping of accounts and financial
records of the County, a report in writing, verified by affidavi1
of an official of the Grantee, which shall contain and reflect
an audit and financial statement as pertains to the business
year. The Grantee~s books and systems of accounts showing a
breakdown of the gross revenues derived by the Grantee from its
CATV service in the Franchise Area shall be made available at
all reasonable times for inspection and verification by a duly
authorized officer or agent of the County. The Grantee shall,
upon written and reasonable request at any time from the County
Administrator or other official designated by the County
Administrator, make available to the County Administrator, or
other designated official, maps, plats or plans or copies
thereof showing the location, but not necessarily the use of,
any or all of its poles, conduits, lines, cables and other
structures located in, under and along the streets and public
places of the County.
Section 10. Payments to the County.
The Grantee shall pay to the County three percent of the
Grantee's gross subscriber revenues (as defined in Section l(m)
herein). Such payment is to be accompanied by an audited
statement showing the Grantee's revenues from services provided
in the Franchise Area.
Such payments shall be in lieu of any license, occupation,
excise or gross receipts tax. However, nothing in this ordinance
shall be construed to prevent the County, hereafter and from
time to time, from levying any lawful tax on the real or
tangible personal property of the said Grantee in the County.
The fee shall be payable quarterly not later than thirty
days after the expiration date of the quarter for which payments
are due. If Grantee fails or refuses to make such reports or
pay such fee, the County may maintain an action against the
Grantee for the amount of such fee and all expenses of collect-
ing same, including reasonable attorney's fees.
Section 11. Safety Methods and Equipment.
The Grantee shall at all times employ' a: high standard'
of care and shall install and maintain in use approved methods
and devices for preventing failures. or accidents which are
likely to Cause damages , injuries or nuisances to the public',
Section 12. New Developments.
Should, within the term of this franchise, developments
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in the field of transmission of CATV services offer to the
Grantee the opportunity to more effectively, efficiently or
economically serve its customers through use of methods,
materials or procedures not prescribed or embraced by the terms
of this franchise, then the Grantee may petition the Board for
review of this franchise in line with such developments.
Section 13. Liability.
a. Damage Claims. The Grantee binds itself by the
acceptance of this ordinance to indemnity and hold the County fre
and harmless from all liability on account of injury or damage
to persons or properties, growing out of the construction,
maintenance or operation of any of the Grantee's work, herein
authorized, or due to the neglect of said Grantee, or of any of
its officers, agents or employees, or the failure of the Grantee
to comply with any requirement herein contained or with any
ordinance relating to the use of the streets of the County; and
Grantee hereby agrees that, in the event any action or other
proceeding shall be brought against said County, either
independently or jointly with said Grantee or others on account
thereof, the said Grantee, upon notice given to it by the County,
will defend the County in any such action or other proceeding,
at the cost of the said Grantee; and in the event of final
judgement being awarded against the County, solely or jointly
with said Grantee or others, then the Grantee will pay said
judgment with all interest and costs, and will hold the County
harmless therefrom.
The Grantee shall, prior to the commencement of construct-
ion of the system, file with the Clerk to the Board and at all
times thereafter maintain in full force and effect for the term
of this franchise at Grantee's sole expense, a general comprehens ve
liability insurance policy written by a company authorized to do
business in the Commonwealth of Virginia, in a form satisfactory
to the County Attorney, which may be in the form of a certificate
of such insurance policy insuring the Grantee is officers, agents
and employees against liability for personal injury, death and
property damage, occasioned by the construction or operations of
Grantee under this franchise in the minimum amounts of:
$500,000 for personal injury to anyone person;
$1,000,000 for personal injury in anyone occurence; and
$250,000 for property damage for anyone occurrence.
The Board shall have the right to require the aforesaid
policy to be so written or endorsed so as to provide that the
County may be named as a additional insured under the aforesaid
general comprehensive liability insurance policy.
b. Performance Bond. Before proceeding to act under this
franchise and within thirty days following passage of the
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ordinance granting said franchise, Grantee shall execute a bond,
in the penalty of Twenty-Five Thousand ($25,000) Dollars, with
good and sufficient surety made payable to the County, condition-
ed upon the construction and putting into operation and maintain-
ing in good order the plant provided for in this franchise when
and as authorized so to do by higher licensing or regulatory
authorities for the furnishing of efficient CATV services in
the Franchise Area at reasonable rates, and the compliance by
the Grantee with the terms, provisions and conditions of this
ordinance and of the franchise herein granted; the penalty of
said bond not, however, to be deemed or construed to limit the
amount- of any recovery by the County from the Grantee of any
actual loss or damage otherwise recoverable by the provisions
of this ordinance.
Section 14. Restoration of Impaired Service,
In the event of any interruption or impairment of service
by reason of force, nature, act of God, strike, breakdown,
accident or other happenings beyond the control of Grantee, the
Grantee shall use every reasonable effort and prompt diligence
to restore such service with as little interruption as possible
and, in all events, within a reasonable time, and such interrupt-
ion or failure for said reasons shall not constitute a breach of
this franchise.
Section 15. Maintenance, and Customer Service.
The Grantee shall maintain a business office and service
facilities within the Roanoke Valley, All subscribers shall be
informed of the telephone numbers and location (s) of such
offices and facilities so as to make possible the filing of
inquiries and service complaints as easily as possible. A listed
full-time telephone service number shall be maintained.
The Grantee shall employ sufficient persons to provide
prompt response to all inquiries and complaints. Subscriber
service complaints shall be satisfied within twenty-four hours
after receipt, except in the event of disaster or other
emergency conditions. The Grantee shall maintain records of all
service complaints and make such records available to the Board
within twenty-four hours of the Board's request for same. Such
records shall include the name and address of the subscriber,
the date and time at which the complaint was received, the natur
of the complaint, the resolution of the complaint and the date
of such resolution.
In the event that a service complaint shall not have
been resolved within five working days following the Grantee's
receipt of same, the Grantee shall file a notice of such
complaint with the County Administrator indicating the name and
address of the complainant, the date and time at which the
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complaint was received, the nature of the complaint and the
reason for the failure to resolve the complaint.
Section 16. County's Regulatory Program.
Consistent with the rules and regulations of the FCC, the
County herein establishes its regulatory program to oversee the
construction and service proposals of the Grantee and the
provisions of this ordinance. The County's regulatory program
shall be under the direction of the County Administrator or
such other individual or agencies as the Board may deem
appropriate or necessary. The regulatory program shall include,
but not be limited to, such matters, as:
a. Review of the Grantee's efforts to obtain all
certificates, permits and agreements as provided for herein.
b. Approval of Grantee's proposed construction as provided
for herein.
c. Review of Grantee's annual reports as filed with the
FCC and as required herein.
d. Monitoring Grantee's service to determine compliance
with this Ordinance.
e. Resolution of subscriber or potential subscriber
complaints which cannot be.resolved between the Grantee and the
customer. Upon receipt of notice of such complaint, the County
Administrator shall have ten working days to resolve the complain
If he is unable to do so, or if his proposed solution is
unsatisfactory to the Grantee and/or the customer, the County
Administrator shall bring the issue to the attention of the
Board at the next scheduled Board meeting. At a time and place
to be set by the Board, the County Adminstrator, Grantee and
complainant shall be given an opportunity to be heard by the
Board on the matter, after which the Board shall reach a
decision which shall be binding upon all parties, subject to
the parties' rights to judicial appeal.
Grantee, upon receipt of such notice, shall promptly
take such action as is necessary to provide service to subscriber ,
and to maintain and operate the system as required herein. In
the event the Grantee fails unreasonably or without adequate
justification within thirty (30) working days immediately
followiug receipt of such decision to remedy such complaint or
to provide efficient service to subscribers or to maintain and
operate the system as required herein, the County may after
thirty days serve written notice to the Grantee and after a
public hearing thereon revoke the rights and provileges granted
by this ordinance to the Grantee.
f. Special engineering tests to verify the reliability
or quality of service. Such tests may be required by the Board
when~ in the Board's judgment, there is evidence to suggest that
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Grantee's service in not meeting the requirements olf this
ordinance. Said tes ts and analysis shall be superviised by a
registered professional engineer, not on the permanlent staff of
the Grantee, and selected jointly by the County andl the Grantee.
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The aforesaid engineer shall sign all records of SP~Cial tests
and forward to the County such records with a report interpret-
ing the results of the test and recommending action to be
taken by the County. I
Section 17. Approval of Transfer. I
The Grantor shall not at any time sell or transfer its
rights and privileges under this francise and the cable
television system located in the Franchise Area to any other
person, firm or corporation or surrender management control
without the written approval of the governing body .1 Such transfe
shall not be approved until the assignee shall have agreed in
writing with the County to become responsible for t~e full
performance of all the conditions, liabilities, cov~nants and
obligations contained in this Franchise and until i shall have
been established to the reasonable satisfaction of he Board tha
the proposed transferee possesses the financial and technical
ability and experience sufficient to perform the du ies,
obligations and responsibilities imposed upon the G antee in thi
franchise, provided such approval by the County sha 1 not be
unreasonably withheld. The work "control" as used h"rein include
actual working control in whatever manner exercised.
Nothing in this Section shall be deemed to p ohibit a
mortgage of pledge of the franchise or of the systen, or any
party thereof, solely for financing purposes provid d written
consent is first obtained from the Board; nor does t prohibit
the sale of the Grantee~s stock publicly in complia ce with
applicable laws, provided, however, that any sale 0 other
disposition of controlling interest in stock shall e held
subject to prior approval of the County as hereinab~ve provided.
Upon any judicial sale of all or a substantial part of
the system, or upon notification of the termination! of any lease
covering all or a substantial part of the system, tfe Grantee
shall immediately notify the County Administrator of such fact,
and such notification shall be treated as a notific tion that
a change in control of the Company has taken place, land the
provisions of this section governing the consent oflthe County
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to such change in control of the Grantee, shall appty upon the
happening of such event.
Section 18. Revocation.
The County shall have the right at any time, upon notice
to the Grantee, to revoke any and all rights grante~ hereunder,
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for just cause of failure to comply with the terms ~f this
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ordinance. Such notice shall be in writing and shall be given
to the Grantee at is principal office by certified or registered
mail.
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The County shall have the right to cancel this franchise
one hundred and twenty days after the appointment of a receiver,
or trustee of the Grantee, unless such receivership or trustee-
ship shall have been vacated prior to the expiration of said one
hundred and twenty days, or unless:
1. Within one hundred and twenty days after his appoint-
ment, such receiver or trustee shall have fully
complied with all the provisions of this ordinance
and remedied all defaults thereunder; or,
2. Such receiver or trustee, within said one hundred and
twenty days shall have executed an a.greement duly
approved by the court having jurisdiction in the
premises, whereby such receiver or trustee assumes
and agrees to be bound by each and every provision
of this ordinance.
Section 19. Non-Exclusive Franchise.
The rights herein granted the Grantee to construct, main-
tain or operate its CATV system in the Franchise Area or to
perform any other act or exercise any other privilege granted
or provided for in this franchise shall not be construed as
exclusive or as preventing the County from granting to any other
person, firm or corporation the same or similar franchise rights
and privileges, to be exercised in and upon its streets and such
of the same and parts thereof as the County may deem best or
choose to allow, permit, give or grant.
Section 20. Lien of County.
All debts, penalites, or forfeitures accruing to the
County under the terms of this ordinance shall constitute a lien
upon the property and franchise of the said Grantee within the
County, subject, however, to then-existing prior liens.
Section 21. Jurisdiction of Governmental Regulatory
Commissions.
If any provision of this franchise is in conflict with
any lawful rule of the Federal Communications Commission or of
the State Corporation Commission of Virginia or of the Virginia
Public Telecommunications Council, now in effect, or of any other
duly constituted body or commission legally authorized to
prescribe rules governing the conduct of the Grantee within the
County, so that the Grantee cannot reasonably comply with both
the provisions of this ordinance and the rule of such commission
or body, then the Grantee shall comply with such specific rule
instead of the conflicting specific and individual provision
of this ordinance, but the Grantee shall comply with each and all
of the provisions of this franchise where such can be done withou
violating valid statutes or rules of the said commission or body.
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Section 22. General Ordinances of the County.
The rights and privileges herein granted are expressly
subject to the conditions, limitations, and provisions contained
in the general ordinances of the County in force relative to the
use of streets or public places of said County, so far as they
may be applicable to the rights and privileges herein granted,
and to any and all ordinances which may be hereafter passed by
the County applicable thereto in the exercise of the policy powel
or any other power vested in said County for the regulation of
persons, firms or corporations using the streets of the County,
and the County expressly reserves the right to pass all such
reasonable ordinances for the regulation of the use of the
streets and public ways and places, and for the exercise of the
rights and privileges herein granted.
Section 23. Prohibition of Discriminatory or Preferential
Practices.
I
Except as herein provided, the Grantee shall not, in its
rates, charges, service facilities, promotional campaigns, rules,
regulations or in any other respect, make or grant preference
of advantages to any subscriber or other user or potential user
of its system, nor subject any person to any prejudice or
disadvantage.
Section 24. Miscellaneous Provisions.
a. The Grantee shall have no recourse against the County
or its official for any loss, cost, expenses or damage arising
out of any provisions or requirements of this ordinance or its
enforcements.
b. The Grantee shall not repair, maintain, sell, or
recommend any television or radio receivers or equipment or
recommend radio and television repairmen. Any repair work done
to subscriber sets shall be performed by repairmen other than
persons, directly or indirectly, employed by the Grantee. The
Grantee is prohibited from inducing subscribers to remove their
presently installed television antennas.
c. Copies of all petitions, applications and communicatior
submitted by the Grantee to the Federal Communications Commission
or any other federal or State regulatory commission or agency
having jurisdiction in respect to any matters affecting cable
television operations authorized pursuant to this ordinance,
shall also be submitted simultaneously to the County Administrate
d. Every direction, notice or order to be given or served
upon the Grantee shall be delivered or sent by certified or
registered mail to its principal office. Every notice to be
serviced upon the County shall be delivered or sent by certified
main or registered mail addressed to the County Administrator.
The delivery or mailing of such notice, direction or order shall
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be deemed to have been given at the time of delivery. The
Grantee shall notify the County Administrator of the address or
any change thereof of its principal office.
e. It is understood that should the FCC modify, change,
or alter any of its provisions as to franchise standards, such
modifications, changes or alteration shall be incorporated into
any permit issued hereunder within one year of adoption by the
FCC of the modification change or alteration, or the time of
permit renewal, whichever comes first.
f. The right is hereby reserved to the Board to adopt,
in addition to the provisions contained herein and in existing
applicable ordinances, such additional regulations as it shall
find necessary in the exercise of its police power, provided
that such regulations, by ordinances or otherwise, shall be
reasonable.
Section 25. Effective Date.
This ordinance shall be in force and effect from and after
thirty days from the date of its passage, provided that within
such time it shall have been accepted in the manner herein
provided.
Section 26. Acceptance.
The undersigned, Booth American Company of Detroit,
Michigan, d/b/a Salem Cable TV, hereby accepts the grant and eacr.
and all of the provisions, conditions, and limitations of this
ordinance adopted by the Board of Supervisors of Roanoke County,
on the 22nd day of May, 1979, and hereby covenants and agrees
that it will perform and discharge each and all of the duties
and obligations imposed upon it as Grantee in and under said
ordinance, and that it will be bound by each and all of the
terms, conditions and provisions therein contained.
IN WITNESS 'VlliEREOF the said Booth American Company of
Detroit, Michigan, d/b/a Salem Cable TV, has caused this written
acceptance to be executed in its name by a duly authorized
officer, and its corporate seal to be hereunto duly affixed and
attested by its Secretary thereunto duly authorized, on this
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day of
, 1979.
BOOTH AMERICAN COMPANY OF DETROIT
MICHIGAN, D/B/A SALEM CABLE TV
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By:
Attest:
Secretary
ADOPTED:
5-22-79
150
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APPROVED:
Term of Franchise Approved:
Chairman
BOARD OF SUPERVISORS OF ROANOKE
COUNTY
By:
Chairman
Attest:
Clerk
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I, , Clerk of the Boafd of
Supervisors of Roanoke County, Virginia, hereby certify that the
above and foregoing is a true, accurate and comPletetcOpy of the
ordinance granting a franchise to Booth American Com any of
Detroit, Michigan, d/b/a Salem Cable TV, duly enacte by the
said Board on the 22nd day of May, 1979, by a recordfd affirmativ
vote of a majority of all the members elected theret~; and I
further certify that the requirements of the laws ofl the State
of Virginia, regulating the grant of franchise et cetera, by
counties for CATV systems were duly complied with. I
IN TESTIMONY ~rnEREOF, I have hereunto set my htnd as Clerk
of the Board of Supervisors of the said Roanoke Coun y, this
day of , 197Q.
Clerk
On motion of Supervisor Terry and adopte~ by the
following recorded vote:
AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, ~rs. Johnson
NAYS: None
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5-22-79
15.1
IN RE:
APPOINTMENT - FIFTH PLANNING DISTRICT COMMISSION
Supervisor Terry moved that Mrs. Verla Jo Wirth be appointed to fill the
unexpired term of Mrs. Juanita H. Kessler as one of Roanoke County's two
representatives on the Fifth Planning District Commission, which term ends on
I
June 30, 1979; and also that Mrs. Wirth be appointed to serve in this capacity
for a full three-year term beginning July 1, 1979, and ending June 30,1982.
The motion was adopted unanimously.
IN RE:
BRAMBLETON AVENUE (ROUTE 221)
Board Chairman Johnson asked the County Executive to inquire from the Highway
Department as to the current status of improvements on U. S. Route 221 (Brambleton
Avenue) between the Roanoke City limits and Route 419.
IN RE:
AMENDMENT TO RESOLUTION NO. 2293 - ACCEPTING
AND APPROVING THE SCHOOL BUDGET
The County Executive advised that Resolution No. 2293, adopted by the Board
on May 8, 1979, accepting the School Budget for the next fiscal year was in
error by $10.00.
I
Supervisor Myers moved that the Board reconsider Resolution No. 2293,
which motion was adopted unanimously.
Supervisor Myers moved that Resolution No. 2293, adopted by the Board on
May 8, 1979, be amended and readopted to state that the maximum increase in
payor salary of any employee of the School Board be set at $1,775 instead of
$1,765 (the dollar amount originally set forth in paragraph a. of Resolution
No. 2293).
The motion was adopted by the following recorded vote:
AYES:
NAYS:
Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson
None
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5-22-79
IN RE: PLANNED PARENTHOOD, INC.
Supervisor Myers moved that the County delete its proposed ~ontribution of
$2,000 to Planned Parenthood, Inc., which motion was defeated by the following
~
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recorded vote:
AYES:
NAYS:
Mr. Compton, Mr. Myers
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Mr. Park, Mr. Terry, Mrs. Johnson
IN RE:
TOTAL ACTION AGAINST POVERTY (TAP)
Supervisor Park moved that the County's proposed $27,500 cohtribution to
Total Action Against Poverty (TAP) be decreased to $25,000, which motion was
defeated by the following recorded vote:
AYES:
NAYS:
Mr. Park, Mr. Terry
Mr. Compton, Mr. Myers, Mrs. Johnson
IN RE:
CONTRIBUTION TO ROANOKE AREA MINISTRIES (RAM)
Supervisor Park moved that the County contribute the sum of $1,000 to
Roanoke Area Ministries (RAM), which motion was adopted by the fbllOwing
recorded vote:
I
AYES:
NAYS:
Mr. Park, Mr. Terry, Mrs. Johnson
Mr. Compton, Mr. Myers
Both Supervisors Compton and Myers questioned whether a gov~rnment con-
tribution to a church-related poverty program was legal. The Co~nty Attorney
was directed to investigate and report back to the Supervisors his findings
as to the constitutionality of such a contribution. I
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NOTE: Any changes made in the County's budget for the upcoming fiscal
I
year, which were voted on and adopted by the Board of cou~ty
Supervisors, are incorporated into the following budget a~propriation
resolution.
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153
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IN RE: APPROPRIATION RESOLUTION NO. 2309 -
1979-80 ROANOKE COUNTY BUDGET
BE IT RESOLVED by the Board of County Supervisors of the County of Roanoke
that the following appropriations are hereby made from the respective Funds for the
period ending June 30, 1980, for the functions and purposes indicated:
EXPENDITURES
General Operating Fund (03):
301 - County Administration:
301a - Board of County Supervisors
301b - County Executive
301d - Department of Finance - Accounting
301f - County Attorney
301g - Department of Finance - Personnel
301h - Department of Finance - Purchasing
302 - Assessment of Taxable Property:
302a - Department of Finance - Personal Property Assessments
302b - County Assessor
303 - Collection and Disbursement of Taxes and Other Receipts:
303a - Department of Finance - Collections
304 - Recording of Documents:
304a - Department of Records
305 - Administration of Justice:
305a - Circuit Court
305b - General District Court
305c - Commonwealth's Attorney
305d - Probation Office
305e - Magistrates
305f - J & D Relations Court - Clerk's Office
306 - Crime Prevention and Investigation:
306a - Policing and Investigating
306b - Confinement and Care of Prisoners
306c - Highway Safety Commission
306d - Communications
306e - Youth and Family Services
307 - Fire Prevention and Extinction:
307a - Fire Department
307b - Rescue Squads
308 - Public Welfare:
308b - Department of Public Welfare - Superintendent's Office
308c - Department of Public Welfare - Public Assistance
308d - Department of Public Welfare - Institutional Care
308e - Board of Public Welfare - Lunacy Commission
309 - Public Health:
309a - Department of Public Health
310 - Public Works:
310a - Department of Public Works - Engineering
310b - Department of Public Works - Inspections
310e - Planning and Zoning
310g - Department of Public Works - Refuse Disposal
310i - Air Pollution Control - Local Appropriation
3101 - Department of Public Works - Garage
311 - Advancement of Agriculture and Home Economics:
311a - Department of Extension and Continuing Education
312 - Protection of Livestock, Fowl, and Other Property:
312a - Animal Control
313 - Elections:
313a - Elections
314 - Maintenance of Buildings and Grounds:
314a - Buildings and Grounds
315 - Highways, Roads, and Street Lighting:
315a - Street Lighting
$ 50,034
52,760
246,314
62,772
27,758
33,218
71 ,462
153,604
138,237
232,181
79,860
21,167
134,259
210,932
790
8,360
1,378,248
202,335
500
236,047
192,236
468,554
61,450
1,075,145
846,251
36,900
3,000
1 79, 1 88
94,069
129,664
76,230
962,605
19,303
80,422
52,076
59,599
55,90~
569,881
55,000
~:,
154'
317 - Schools:
317a - Schools - Local Appropriation
318 - Miscellaneous Operating Functions:
318a - Library
318b - Reimbursable Expenditures
318c - Employee Benefits
318e - Department of Parks and Recreation
318f - Miscellaneous Operating Functions
318g - Emergency Services
318h - Insurance
318i - Contribution to Service Organizations
319 - Capital Outlay:
319a - Capital Outlay
320 - Debt Service:
320a - Debt Service - Bonds and Interest
399 - Contingent Balance:
399a - Unappropriated Balance
5-22-79
I
I
-1
14,720,013
607,945
360,000
675,900
627,025
292,500
14,618
11 8 ,840 I
163,578
1,191,500
134,227
312,967
G $ 27,577,478
$ 62,503
$ 500
1,161,500
278,795
b $ 1,440,795
I
$ 433,447
22,123,738
2,013,558
24,000
315,143
1,229,647
800,000
2,882,571
1,460,263
1,843,570
71,400
112,530
19,743
I 2,355,340
I 52,000
~ $ 35,736,950
$ 2,560,000 I
$ 803,434
$ 4,210,000
TOTAL GENERAL OPERATIN
Air Pollution Control Fund (Jl):
611000 - Air Pollution Control Expenditures
Federal Revenue Sharing Fund (11):
614000 - Federal Revenue Sharing Expenditures:
200 - Advertising
901b - Transfer to General Operating Fund - For Schools
999 - Unappropriated Balance
TOTAL REVENUE SHARIN
School Operating Fund (1I):
617000 - School Operating Expenditures:
17a - Administration
17bl - Instruction
17b2 - Other Instruction Costs
17b3 - Other Allotments to Schools
17c - Attendance and Health Services
17dl - Transportation of Pupils
17e - School Food Services
17fl - Operation of School Plant
17f2 - Maintenance of School Plant
17g - Fixed Charges
17h - Summer School
17i - Adult Education
19a - Capital Outlay
20b - Debt Principal and Interest
21a - Data Processing
TOTAL SCHOOL OPERATIN
School Central Cafeteria Fund (~):
622000 - Cafeteria Expenditures
School Federal Programs Fund (~):
625000 - Federal Programs Expenditures
School Bond Construction Fund (49):
649000 - Proposed School Bond Expenditures
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155
School Textbook Fund (86):
686000 - Textbook Expenditures
$
501,005
TOTAL ALL FUNDS $ 72,892,165
Less Inter-Fund Transfers (16,810,816)
NET BUDGETARY APPROPRIATIONS $ 56,081,349
I
REVENUES
General Operating Fund (03):
503010 ~ Local Revenues:
0100 - General Property Taxes
0200 - Other Local Taxes
0300 - Licenses, Permits, and Fees
0400 - Fines and Forfeitures
0500 - Use of Money and Property
0700 - Charges for Services
0800 - Sale of Services, Commodities, and Property
0900 - Miscellaneous Revenues and Refunds
503020 - Commonwealth Revenues
503030 - Non-Revenue Receipts
503090 - Transfer from Other Funds
503099 - Beginning Balances
TOTAL GENERAL OPERATING
$ 14,250,150
2,135,000
1,402,350
46,000
120,000
939,900
13,450
2,137,481
$ 2,628,750
$ 363,500
$ 1 ,161 ,500
$ 2,379,397
$ 27,577,478
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Air Pollution Control Fund Cll.):
511000 - Air Pollution Control Revenues
$
62,503
Federal Revenue Sharing Fund (11):
514000 - Revenue Sharing Revenues and Beginning Balance
$ 1,440,795
$ 35,736,950
$ 2,560,000
$ 803,434
$ 4,210,000
$ 501,005
School Operating Fund (]I):
517000 - School Operating Revenues
School Central Cafeteria Fund (~):
522000 - Cafeteria Revenues
School Federal Programs Fund (~):
525000 - Federal Programs Revenues
School Bond Construction Fund (49):
549000 - School Bond Revenues and Beginning Balance
School Textbook Fund (86):
586000 - Textbook Revenues
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TOTAL ALL FUNDS
$ 72,892,165
(16,810,816
$ 56,081,349
Less Inter-Fund Transfers
NET ESTIMATED REVENUES
BE IT FURTHER RESOLVED that the Director of Finance be, and he hereby is,
authorized to transfer to other Funds from the General Operating Fund, from time
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5-22-79
1.564
to time as monies become available, sums equal to, but not in excess of, the
appropriation made from the General Operating Fund for the period covered by the
Appropriation Resolution as amended from time to time by the Board of County
Supervisors. A copy of this Resolution is ordered to be certified to the Director
of Finance for the County of Roanoke.
Adopted on the motion of Supervisor R. Wayne Compton, by the following,
recorded vote, to become effective July 1, 1979:
I
AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, and Mrs. Johnson.
NAYS: None.
IN RE: RESOLUTION NO. 2310
BE IT RESOLVED by the Board of County Supervisors of the County of Roanoke
that the following appropriations are hereby made from the Capital Improvements
Fund for the duration of the project referenced:
EXPENDITURES
Capi ta 1 Improvements Fund ( 16) :
616000 - Capital Improvements Expenditures
601c - Communications Center Alterations
601d - Fire Apparatus
601e - Fire Station - Catawba
601f - Public Works Service Center
601g - Public Works Equipment
601h - Education Center Ballfield Lights
601j - Fire Station - Hollins
601k - Hollins Library Expansion
601m - County Office Building
601n - Fire Station - Fort Lewis
601p - Fire Station - Bent Mountain
601s - Rescue Vehicles and Equipment
601u - Addition to Cave Spring Fire Department
$ 4,500
275,000
25,000
300,000
37,000
30,000
200,000
50,000
100,000
15,000
25,000
50,000
50,000
$1,161,500
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REVENUES
Capital Improvements Fund (16):
516000 - Capital Improvements Revenues
$1,161,500
Adopted on motion of Supervisor Compton and the following recorded vote,
to become effective July 1, 1979:
AYES:
Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson
NAYS:
None
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5-22-79
,157
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IN RE: EXECUTIVE SESSION
At 9:20 p.m., Supervisor Terry moved that the Board to into
Executive Session to discuss real estate, personnel, potential
litigation and other legal matters, which motion was adopted
by the following recorded vote:
AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson
NAYS: None
At 11:00 p.m., the Supervisors returned to the meeting room
and on the motion of Supervisor Compton and a unanimous voice
vote, the Board reconvened in open session.
IN RE: RESOLUTION NO. 2311 APPROPRIATING THE SUM OF $425 FROM
THE COUNTytS UNAPPROPRIATED BALANCE TO THE AHOUNT
603l8F-103C FOR PROFESSIONAL SERVICES - AIRPORT STUDY
DESCRIPTION
ACCOUNT NUMBER INCREASE
DECREASE
Class:
Fund:
Department:
Object:
Expenditures
General Operating
Miscellaneous Operating
Professional Services-Airport Study 60318F-I03C
$425
Department:
Obj ect:
Contingent Balance
Unappropriated Balance
60399A-999
(425)
On motion of Supervisor Compton and adopted by the following recorded
I
vote:
AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson
NAYS: None
IN RE: RESOLUTION NO. 2312 AUTHORIZING AND DIRECTING THE COUNTY
ATTORNEY TO TAKE SUCH ACTION AS HE l~Y BE ADVISED TO
PROTECT THE INTERESTS OF CITIZENS OF ROANOKE COUNTY
AFFECTED OR TO BE AFFECTED BY THE PROPOSED EXTENSION
OF A CERTAIN RUNWAY AT WOODRUM FIELD
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BE IT RESOLVED by the Board of County Supervisors of
Roanoke County as follows:
1. That the County Attorney be, and he hereby is,
authorized and directed to take such steps as he may be advised
to protect the interests of citizens of Roanoke County affected
or to be affected by tne proposed extension of a certain
runway at ~Joodrum Field; and
2. That the County Attorney be, and he hereby is, authorized
and directed to engage such technical and expert assistance as
may be required to perform the charge hereinabove enjoined upon
him; provided, however, that any such assistance required shall
not be engaged without specific and separate authorization of the
Board.
On motion of Supervisor Compton and adopted by the following
recorded vote:
AYES:
NAYS:
Mr. Compton, J.1r, Myers I Mr, Park I l-fr, Terry, Mrs, Johnson
None
5-22-79
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IN RE: ADJOURNMENT I
This concluded the business before the Board 1t
and on the motion of Supervisor Myers and a unanim9us
vote, the meeting was adjourned at 11:02 p.m. I
this time,
voice
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CHAIRMAN
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