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9/25/1979 - Regular . I I I 9-25-79 279 It, . .,. . . Board of County Supervisors Salem-Roanoke County Civic Center Salem, Virginia September 25, 1979 at 6:00 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 of September. 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 6:04 p.m. and announced that opening business would include only routine matters; public hearings and other public agenda items would not begin before 7:00 p.m. IN RE: SALE AND CONVEYANCE TO COUNTY OF "221 WELL" AND "VIEW AVENUE WELL" On motion of Supervisor Terry and a unanimous voice vote, the Board received, filed, and concurred in the following resolution adopted by Roanoke City Council: Resolution No. 24802 providing for the sale and conveyance to Roanoke County a certain well known as the 221 Well and appurtenant easements and a well known as the View Avenue Well together with a 0.172-acre tract of land and appurtenant easements, for the consideration of $1. IN RE: MONTGOMERY COUNTY SUPERVISORS' RESOLUTION-UPPER ROANOKE RIVER BASIN On motion of Supervisor Compton and a unanimous voice vote, the Board received and filed a resolution adopted by the lilontgomery County Board of Supervisors reiterating both its continued support for the Corps of Engineers' study of the upper Roanoke River from a basin-wide perspective and its continued opposition to large, disruptive impoundment in Montgomery County. IN RE: ROANOKE VALLEY CABLEVISION, INC.-PROPOSED MERGER On motion of Supervisor Terry and a unanimous voice vote, the Board received, filed, and concurred with a letter from Dow, Lohnes & Albertson, attorneys for Roanoke Valley Cablevision Inc., advising that in their opinion no official action to change the provisions of Cablevision's franchise would be required as a result of the merger whereby Cox Broadcasting Corporation will become a wholly-owned subsidiary of General Electric Company. IN RE: DEPARTMENTAL ACTIVITIES REPORTS The Departmental Activities Reports, as submitted by the County Executive, were for information of the Supervisors and on motion of Supervisor Myers and a unanimous voice vote these reports were received and filed. - 9-25-79 ,.280 ..r, . .' .. .. . IN RE: SPECIAL CLEANUP PROGRAM The County Executive briefly outlined a program of special refuse collection during October of large items not normally picked up by the County's sanitation crews. The Supervisors did not feel that sufficient time had been allowed for publicizing this program which is to commence next week. Upon Chairman Johnson suggesting that the program be postponed to November, Public Works Superintendent Roy Nester responded that in November the crews would be kept busy picking up leaves. After some further discussion as to possible methods which could be used to let County citizens know about this cleanup program, Supervisor Terry moved that the special cleanup program for October proceed as scheduled and that every effort be made to publicize it to the public. Mr. Terry's motion was adopted by a unanimous voice vote. IN RE: BINGO PERMIT-MUSCULAR DYSTROPHY ASSOCIATION The County Executive advised that the application of the Muscular Dystrophy Association for a bingo permit was being withdrawn. The organization's lease agreement indicated their games would be played in the City of Roanoke; their President has been advised by phone that he should apply to the City for a permit and the Association's filing fee will be refunded by the County. IN RE: AUGUST, 1979 JAIL REPORT On motion of Supervisor Park and a unanimous voice vote, the Board received and filed the jail report for the month of August, 1979. IN RE: EXECUTIVE SESSION Chairman Johnson advised those present that the County Executive had requested an executive session of the Board to discuss a real estate matter and the County Attorney desired an executive session to discuss a legal matter. At 6:19 p.m., on motion of Supervisor Terry and a unanimous voice vote, the Board went into executive session. At 7:00 p.m. the Supervisors returned to the meeting room and reconvened in open session on motion of Supervisor Terry and a unanimous voice vote. 7 O'CLOCK SESSION Chairman Johnson advised those present that the meeting had already been called to order at the 6 o'clock session. The invocation was offered by County Executive William F. Clark, and the Pledge of Allegiance to the flag was recited in unison. I I I . c. I I I 9-25-79 '28 .1 . . . . IN RE: PETITION OF CENTURY DEVELOPMENT CORPORATION* BRANCH AND ASSOCIATES, INC. FOR REZONING * FROM M-l TO B-2 OF 0.459 ACRE AT THE NORTH-* WEST CORNER OF PETERS CREEK ROAD AND WOOD * HAVEN ROAD IN CATAWBA DISTRICT TO PERMIT * CONSTRUCTION AND OPERATION OF A 7-ELEVEN * STORE * FINAL ORDER Mr. Michael K. Smeltzer, attorney for the petitioners, was present along with Mr. Maury Strauss, one of the petitioners. Mr. Smeltzer advised that the owners of the property being considered for rezoning had entered into contract with the 7-Eleven Stores subject to successful rezoning of the property. He reminded the Supervisors that this matter had been before them this summer after getting the unanimous approval of the Planning Commission; it had been denied by the Board because of traffic conditions on Route 628 (Wood Haven Road) and because of the exterior trash problem. Mr. Smeltzer stated that since that denial the petitioners had been working with area residents in an attempt to overcome their objections. He further stated that the petitioners agreed to build, at their own expense, an additional lane for traffic on Route 628 and that this was one of two conditions being proffered. The second condition proffere was that the petitioners would build, and require the 7-Eleven Store to maintain, an approved screen around the outside storage and refuse areas on the site. Chairman Johnson asked if there was anyone present in opposition to this rezoning; no one spoke. Supervisor Myers stated he had been meeting with the area citizens, who advised him they are pleased with the proffered conditions. NOW, THEREFORE, BE IT RESOLVED and ORDERED that at this meeting of the Board of Supervisors of Roanoke County, Virginia, held on the 25th day of September, 1979, the said County Zoning Ordinance. be, and the same is hereby amended so as to reclassify the property described in said petition from Industrial District M-l to Business District B-2, in order that said property might be more fully and reasonably used, the said property being located in the County of Roanoke, State of Virginia, and more particularly described on Exhibit "A" attached hereto, said zoning being subject to the following conditions: (A) The Petitioners will widen Wood Haven Road, N.W. at its expense and in accordance with the standards and specifica- tions of the Virginia Department of Highways and Transportation, said widening to be done as more particularly shown on plat made by Buford T. Lumsden and Associates, P.C. dated June 28, 1979. (B) The Petitioners will construct, and will require its purchaser to maintain, a screen approved by the necessary and appropriate authorities of Roanoke County around the outside 9-25-79 282',1... storage and refuse areas on the subject property. BEGINNING at corner 1, the point of intersection of the westerly right-of-way line of Virginia secondary highway 628 (Wood Haven Road, N.W.) with the northerly right-of-way line of Virginia highway 117 (Peters Creek Road); thence along the northerly line of Virginia highway 117, with a curved line to the right, said curve being defined by a delta of 2 deg. 23' 57", and a radius of 2799.79 feet, a chord bearing and distance of S 53 deg. 51' 58" W, 117.23 feet and an arc distance of 117.24 feet to corner 2; thence leaving Virginia highway 117 and running two (2) new division lines thru the property of Century Development Corporation and Branch & Associates, Inc., as follows: N 34 deg. 56' 03" W, 150.00 feet to corner 3; thence N 52 deg. 06' 07" E, 120.00 feet to corner 4 on the proposed new right-of-way line of Virginia secondary highway 628; thence with same and with a curved line to the right, said curve being defined by a delta of 6 deg. 41' 10", a radius of 240.00 feet, a chord bearing and distance of S 49 deg. 09' 40" E, 27.99 feet, and an arc distance of 28.01 feet to corner 5; thence S 45 deg. 49' 05" E, 84.15 feet to corner 6; thence S 4 deg. 55' 30" E, 50.81 feet to the point of BEGINNING, and containing 0.459 acres, as more particularly shown on plat prepared by Buford T. Lumsden & Associates, P. C., Certified Land Surveyors, Roanoke, Virginia, dated 3, August, 1979. EXHIBIT A BE IT FURTHER RESOLVED and ORDERED that the Clerk of this this Board shall forthwith certify a copy of this resolution and order to the Secretary of the Planning Commission of Roanoke County, Virginia, and a copy to Smeltzer & Hart, P.C., attorney for the Petitioners. This concluded the public hearing and Supervisor Myers moved that the rezoning from M-l to B-2 be allowed. His motion was adopted by the following, recorded vote: AYES: Mr. Compton, Mr.Myers, Mr. Park, Mr. Terry, Hrs. Johnson NAYS: None Before those interested in this petition left the meeting, Supervisor Park asked Mr. Strauss to plant some grass and trees instead of blacktopping everything around the 7-Eleven Store. IN RE: APPROVAL OF MINUTES On motion of Supervisor Terry and a unanimous voice vote, the minutes of the Supervisors' regular meetings on August 28 and September 11, 1979, were approved as presented. IN RE: CONTINUANCE OF PUBLIC HEARING ON SALCO, LIMITED REZONING UNTIL LATER IN THIS MEETING A citizen from the audience, who did not identify himself, advised Chairman Johnson that the attorney acting as spokesman for the opponents of the SALCO, Limited petition for rezoning was not present and asked that the public hearing be delayed until he arrived. The Supervisors agreed to do so. IN RE: REQUEST OF MRS. JOHN BAKER AND MR. MICHAEL E. * BAKER OF ROUTE 6, BOX 138, ROANOKE FOR A * CONDITIONAL USE PERMIT TO CONTINUE TO OPERATE*CONTINUE A LANDFILL ON THEIR PROPERTY ON THE NORTHEAST'k SIDE OF RUTROUGH ROAD (ROUTE 618) ABOUT 0.75 * I I I , ,,' ><-." I I I 9-25-79 2H 3 , " " , MILE NORTHEAST OF THE REGIONAL LANDFILL IN VINTON DISTRICT Mr. Michael E. Baker was present as spokesman for this request. Chairman Johnson asked if anyone was present in opposition; four persons stood. Mr. Baker advised he had purchased the"property in question from his mother and wished to improve it by filling one big hollow behind the residence. He stated the City of Roanoke had been dumping concrete and dirt on the site and that the other material being dumped on his property was coming from persons unknown to him. Chairman Johnson asked Mr. Baker what he wished to use to fill. He responded that he wished to use only concrete and dirt and had put up "No Dumping" signs. Chairman Johnson then called upon the spokesman for the opposition. Mr. Cecil Bollinger introduced himself and said he would be speaking for himself and others who had not come to the hearing. He said the dumping on this property had been going on for years (since Hurricane Agnes) and area residents thought the property owner must already have a permit. Mr. Bollinger said opponents objected to continued dumping because of possible water pollution and potential danger from chemicals being dumped there by Mohawk Rubber Company. Mrs. Johnson asked Mr. Baker if Mohawk had his permission to dump barrels on his property; he said they did not. Mr. Bollinger said the matter had previously been reported to the Health Department; he did not know if they had investigated. County Planner Timothy W. Gubala advised his office had received a complaint about the dumping on August 16. Upon investigation, they found old appliances, tires, auto parts, and drums from Mohawk Rubber containing waste oil. When telephoned, a spokesman for Mohawk said the company was unaware the dumping was taking place and that it would be stopped. Mr. Gubala further stated Mr. Baker applied for a permit only after receiving a second letter from the Planning and Zoning office. Mrs. John Baker stood and introduced herself as Michael Baker's mother and advised he had not immediately responded to the County's letters because they had been mailed to her. Mr. Don Leffel introduced himself, stated that he lived about 0.6 mile from Mr. Baker, and said his concerns were the same as Mr. Bollinger's. He also said he had contacted the heirs of the Palmer estate, who own land in the area, and that they are opposed to any landfill operation. They believe such might spill over onto their property. Also, they were afraid their springs and fish ponds would be contaminated from the fill material. Mr. Leffel then showed the Supervisors a sketch of the Baker property indicating the location of the residence and the hollow being 9-25-79 2~;4" over onto their property. Also, they were afraid their springs and fish ponds would be contaminated from the fill material. Mr. Leffel then showed the Supervisors a sketch of the Baker property indicating the location of the residence and the hollow being filled. Chairman Johnson asked County Engineer Gene Robertson if Mohawk Rubber Company would be asked to remove the 75 barrels already dumped; he said they could be. Mr. Bollinger said that four or five times that number of barrels had already been dumped and covered over. Chairman Johnson and Supervisor Park had a short discussion and decided no permit should be issued until further investigation can be made. Mr. Park moved that Mr. Baker' request be deferred at least 30 days for further study and directed that Mohawk Rubber Company and the Health Department be contacted. Mr. Baker presented a petition, filed with the minutes of this meeting, containing 38 names of persons living in the area who did not oppose his filling the hollow on his property with concrete and dirt. Mr. Park's motion was adopted by a unanimous voice vote. I IN RE: REQUEST OF MRS. L.G. TESTERMAN OF ROUTE 3,* BOX 221, SALEM FOR CONDITIONAL USE PERMIT * TO CONTINUE TO OPERATE A LANDFILL ON HER * PROPERTY ON THE NORTH SIDE OF U.S. ROUTE * 11/460, ABOUT 0.5 MILE EAST FROM THE * MONTGOMERY COUNTY LINE IN CATAWBA DISTRICT* APPROVED I Mrs. L. G. Testerman was present as spokesman for this request. When Chairman Johnson asked if anyone in opposition to the request was present, no one stood. Mrs. Testerman stated that for fill material she was using stumps, rock, and dirt. Superviso Myers asked her how much longer it would take to complete the fill on her property. Mrs. Testerman estimated she needed about one year and advised the Supervisors she has had the fill materia smoothed over, which has improved the appearance of her property. Supervisor Myers moved that since Mrs. Testerman is keeping the fill site smoothed over and is using approved fill material, she be granted a conditional use permit as requested for one year. Adopted by the folliwng, recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, and Mrs. Johnson REQUEST OF RICHARD R. HAMLETT, PRESIDENT NORTHVIEW CORPORATION, FOR A CONDITIONAL PERMIT TO OPERATE A LANDFILL ON PROPERTY OWNED BY NORTHVIEW CORPORATION FRONTING ON ROUTE 419 AND BOUNDED ON THE NORTH BY MCVITTY ROAD IN WINDSOR HILLS DISTRICT OF -k USE?,-- I NAYS: IN RE: None * CONTINUE ...~ " ,,\ ,,\ Mr. Richard R. Hamlett was present to act as spokesman for his company's request. When Chairman Johnson asked if anyone was present in opposition, Mr. William Brenton, President of the < I I I 9-25-79 2.,~ ?),:... . 0' . . .... '" . .. ...... .... of the Sugar Loaf Farms Civic Association, stood and said his organization had just become aware of this request and asked that the matter be rescheduled for the next Board meeting. Supervisor Terry asked Mr. Hamlett if that would be agreeable; he responded that he would prefer that action be taken on his request at this meeting, that he had material he wanted to start disposing of on this site. However, Mr. Hamlett later agreed to the postponement since he also has business before the Supervisors at their next meeting (on October 9). Supervisor Terry moved that Mr. Hamlett's request for a conditional use permit to operate a landfill be delayed until October 9. His motion was adopted by a unanimous voice vote. IN RE: PETITION OF SALCO, LIMITED FOR REZONING FROM * R-l TO B-1 OF 1.15 ACRE ON THE WEST SIDE OF * ROUTE 419 ADJACENT TO THE OAK GROVE ELEMENTARY*DENIED SCHOOL IN WINDSOR HILLS DISTRICT TO PERMIT * CONSTRUCTION OF AN OFFICE BUILDING TO ACCOM- * MODATE PROFESSIONAL OFFICES * Mr. C. Richard Cranwell, attorney for the opponents of the SALCO, Limited rezoning, having arrived, the public hearing on this matter, which had been temporarily postponed earlier in this meeting, commenced. Mr. Edward A. Natt, attorney, represented the petitioner. When Chairman Johnson asked if anyone opposed to this rezoning was present, around 25 persons stood and she was advised others were in the hall outside. Mrs. Johnson advised those present she had received phone calls from Mr. William D. Ergle and Mrs. Jean A. Glontz, Chairman and Vice Chairman respectively of the County School Board, stating that the School Board supported denial of the proposed rezoning. Mrs. Johnson then asked if anyone was present in support of this petition; about 10 persons raised their hands. Mr. Natt reminded the Supervisors that this was the fourth time he had been before them with this request and stated that what is desired is an office building for professionals. He showed the Supervisors a map of the general area and pointed out there is already B-1 zoning nearby, plus B-2 and R-3 zoning. Across Route 419 from the site, in the City of Roanoke, is the Southwest Plaza Shopping Center and other commerical development. He stated that less than a block away an office building is under construction. For these reasons, he felt this request could not be categorized as "spot zoning." Mr. Natt said that when the Supervisors denied rezoning last year for medical offices on this site, the matter was appealed to Circuit Court. After hearing the appeal, the Court's opinion was that the building could be used for medical offices. Mr. Natt then advised that his law firm now desires to locate their offices on the site. - 9-25-79 2 ~ 6 ~ ., .. . .... , ... . He said that tonight's request is for exactly the same exterior building plan and site plan as were submitted last time--only the proposed use had been changed from medical to licensed professionals' office. He also stated that during the last hearing before the Supervisors, two of the objections raised concerned the increased traffic that would be generated by medical offices and the possible problem of drugs that would be kept in medical offices. He cited statistics showing a professional office building would generate less traffic than medical offices and pointed out that the drug problem would no long exist. He also indicated that the County's planning staff had recommended approval of his previous request for rezoning, that it was the Planning Commission which had recommended denial. Mr. Natt advised the building would be set back 30 feet further from Route 419 than the site plan indicated to allow for possiblE future widening of Route 419. Mr. Natt also made the following points: (1) the petitioner agreed to construct a fence between their parking lot and the Oak Grove school playground, (2) there would be only one exit/entrance onto Route 419, and (3) again promised the building would be built exactly as shown on previously submitted site plan. He then introduced Mr. Larry Scott, member of the Cave Spring Jaycees and chairman of their committee to sell the property. Mr. Natt asked Mr. Scott why the Jaycees didn't use the property. Mr. Scott's response was that the tract wasn't large enough; he also said the Jaycee committee had discussed with the County School Board a possible trade of properties, but the School Board had expressed no interest. Mr. Natt then pointed out that the Oak Grove Plaza parking lot and the parking lot for the proposed SALCO building are equidistant in relation to the school playground. He also felt the Superviso s ~hould take into consideration the fact that 80 per cent of the building would be owner occupied. He presented for the Super- visors' inspection two copies of the opinion of the County Circuit Court, which read in part as follows: II the highest and best use of the property is that for which the petitioner plans to use it ." Mr. Natt told the Supervisors the the Court was aware of the location of the school when that opinion was rendered. These remarks completed Mr. Natt's presentation in support of the rezoning; he asked the Supervisors for time to rebut Mr. Cranwell's remarks in opposition. Mr. Cranwell commenced his statement by commenting that when the Supervisors denied SALCO's request for rezoning to allow medical offices on this site, SALCO appealed the decision to Circuit Court. After getting the Court's opinion that medical office should be allowed, the petitioners changed their minds I I ,,". I 9-25-79 J, ".:t ~_ 287 .. .... ...n" .. . . .. .. .. , . I and are back before the Supervisors requesting rezoning so the property can be used for yet another purpose. Mr. Cranwell suggested that if this petition for rezoning were approved, the petitioners might shortly be before them again with yet another use in mind for the property. He cited several buildings along Route 419 where office space is already available and said there is no need for additional office space on Route 419 at this time. He also said the traffic count on 419 already exceeds it design capacity at times and that this office building would merely add to the problem. He reminded the Supervisors of the long- standing drainage problem on Route 419 and said the only solution anyone has come up with is to dig a drainage ditch down the middl of 419. He said the paving of any area inceases the amount of runoff water and suggested that for this reason the proposed office building would also increase the drainage problem. He mentioned that the County's long-range plan shows community facilities in this area, probably because at the time the plan was prepared, the property was owned by the Jaycees. When Mr. Cranwell finished, Chairman Johnson asked if anyone present had questions or comments and asked those who planned to speak to limit themselves to 3 minutes. Mr. George Thompson, principal of the Oak Grove School, advised he has a playground that is 30 feet, at the closest point, from the parking lot of this proposed building and that the fence to be erected would be at the bottom of a slope. He mentioned that the Oak Grove P. T. A. had gone on record as approving a uniform zoning approach on all zoning in this area. He said the property is presently open space and is needed in the County's park system; he urgently requested that the Supervisors consider the land for that use. Mrs. Charlsie Pafford, President of the Oak Grove P. T. A., stated that her organization, which has a new slate of officers, recently reaffirmed their original opposition to any rezoning of any property adjacent to the school without taking a uniform approach to zoning in the area. Mr. Albe.rt' Trompeter was next to speak. He introduced himself as Chairman of the Roanoke County Industrial Development Authority and expressed the opinion that the objections being put forth are not to the building or its occupants, but a controversy between the area residents and the Jaycees. He said the entire neighborhood felt the Jaycees should have donated the land for community use instead of selling it. He reminded those present of the parking lot on the school property, v7hich immediately adjoins the play area and is not fenced off. He said property owners along Route 419 should not continue to oppose everything, no matter what, that is proposed for construction I lI' I 9-25-79 288 . . . . . . .. along 419 and pointed out the attractive office buildings that front along this highway. Mr. Steve Brugh, President of the Jaycees, responded to Mr. Cranwell's remarks about the drainage situation. He said the natural flow of drainage from the former Jaycee property runs across Route 419 and goes toward Southwest Plaza and comes out behind the Plaza. In rebutting the opposition, Mr. Natt advised that his law firm wants to go into the proposed building because the firm is growing and would be part owners of the building as opposed to having to lease space elsewhere. He said all Mr. Cranwell's points had been considered by the Circuit Court beforE it rendered its opinion that the highest and best use of the property would be a medical office building. He said the land was not suitable for a park because it is too small, fronts on Route 419, and would cost the County over $40,000. This concluded the public hearing, and Supervisor Terry moved that the requested rezoning be denied because the Circuit Court of Roanoke County had determined that a use of the property different from that requested here tonight is the most appropriat use of the property and he believed this Board should not attempt either to set aside or circuvent the final order of the Circuit Court. Supervisor Terry's motion was adopted by the following, recorded vote: Mr. Compton, Mr. Park, Mr. Terry, and Mrs. Johnson Mr. Myers The County Executive was asked to go over his report on the special cleanup program again for the benefit of those persons for the 7 o'clock session. He did so, and when he finished, Mr. Myers suggested radio and television public servicE announcements, along with a block ad in the local newspaper to publicize the program. IN RE: APPROPRIATION RESOLUTION NO. 2402-SCHOOL FEDERAL PROGRAMS FUND AYES: NAYS: County Director of Finance advised that Roanoke County had received a Federal grant in the amount of $23,815 to be used in the schools' Career Education Program. Supervisor Park moved adoption of the prepared appropriation resolution transferring the money to the Career Education Program. DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Class: Fund: Department: Obj ec t : Class: Expenditures Federal Programs Fund Schools Federal Program Expenditures 625000-399 $23,815.00 Revenues . . I I I I I I 9-25-79 ~~9 '" 'r" ~ DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Fund: Federal Programs Fund Department: Schools Object: Career Education Program 525000-85J $23,815.00 Adopted by the following, recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry and Mrs. Johnson None NAYS: IN RE: RESOLUTION NO. 2403 ACCEPTING CERTAIN BIDS MADE TO THE COUNTY OF ROANOKE FOR THE PURPOSE OF SUPPLYING UNIFORMS FOR THE ROANOKE COUNTY SHERIFF'S DEPARTMENT UPON CERTAIN TERMS AND CONDITIONS AND AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO CONTFACT WITH THE SUCCESSFUL BIDDERS BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That that certain bid of Kay Uniform of Roanoke for the purpose of supplying uniforms for the Sheriff's Department excluding protector jackets and patches, and that certain bid of Mervis Uniforms of Virginia Beach for supplying the Sheriff's Department with protector jackets and patches, upon all singular the terms and conditions of the invitation to bid, the specif- ications of the County of Roanoke, Virginia, the bidders' proposals and the provisions of this resolution be, and the same are hereby, ACCEPTED; and 2. That the County Executive be, and he is hereby, authorized and directed to enter into contract with Kay Uniform of Roanoke for the purchase of uniforms for the Sheriff's Department excluding protector jackets and patches, and with Mervis Uniforms of Virginia Beach for the purchase of protector jackets and patches; and 3. That all other bids for the purchase of said uniforms 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 Terry and adopted by the following recorded vote: AYES: NAYS: IN RE: Supervisors Compton, Myers, Park, Terry, and Johnson None RESOLUTION NO. 2404 ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE FOR THE PURPOSE OF PROVIDING THE COUNTY WITH A JANITORIAL CONTRACT UPON CERTAIN TERMS AND CONDITIONS AND AUTHORIZING AND DIRECTING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT WITH THE SUCCESSFUL BIDDER Supervisor Terry asked the Director of Finance if this contract could be renegotiated if it became necessary to provide 9-25-79 ,,09 0 ~ .'.; ~... ~ . . . " . . . . .. .' . n. . ... . .... '". ,. . . .. '" . .... ,-,,'. janitorial service for additional County-owned/occupied office space; the response was affirmative. Supervisor Terry then asked what company is presently providing janitor service. Superintendent of Public Works Roy Nester responded that the Virginia Janitorial Service has the present contract; they were not invited to bid again because of the unsatisfactory service they have provided. Supervisor Compton commented he felt the County should clean its own buildings, but after having reviewed the contract, he would move for adoption of both the prepared resolutions, the second being Appropriation Resolution No. 2405 providing from the County's unappropriated balance the additional funds necessary for this contract. BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That that certain bid of Oxford Building Services, Roanoke, Virginia, in the amount of $53,033.84 for the purpose of providing the County with a Janitorial Contract for a period of one year beginning October 1, 1979, 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 Oxford Building Services, Roanoke, Virginia, for the purchase of said janitorial contract; and 3. That all other bids for the purchase of said janitorial contract 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 Compton and adopted by the following recorded vote: AYES: Supervisors Compton, Myers, Park, Terry, and Johnson NAYS: None IN RE: APPROPRIATION RESOLUTION NO. 2405-CONTRACT FOR JANITORIAL SERVICES I I DESCRIPTION ACCOUNT NUMBER INCREASE (DECREAS E) I Class: Expenditures Fund: General Operating Department: Buildings and Grounds Obj ect: Contract-Janitorial Services 60314A-299A $5,658 Department: Contingent and Balance Ob j ec t : Unappropriated Balance 60399A-999 (5,658) I I I 9-25-79 f :.r291 On motion of Supervisor Compton and adopted by the follow- ing, recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None IN RE: RESOLUTION NO. 2406 ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE FOR THE PURCHASE OF PERSONAL F. M. RADIO EQUIPMENT TO BE USED BY THE ROANOKE COUNTY SHERIFF'S DEPARTMENT UPON CERTAIN TERMS AND CONDITIONS AND AUTHORIZING AND DIRECTING THE COUNTY EXECUTIVE TO ENTER INTO A CONTACT WITH THE SUCCESSFUL BIDDER BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That that certain bid of Audio Inte11i8ence Devices in the amount of $3,000 for the purchase of personal F. M. radio equipment to be used by the Roanoke County Sheriff's Department, 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 Audio Intelligence Devices for the purchase of said personal F. M. radio equipment; and 3. That all other bids for the purchase of said equipment 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: Supervisors Compton, Myers, Park, Terry, and Johnson NAYS: None The Director of Finance apologized to the Supervisors for not having an updated financial statement (for August) for their information. RESOLUTION NO. 2407 ACCEPTING A CERTAIN STATEMENT OF AGREEMENT RELATING TO A SCHOOL RESOURCE OFFICER PROGRAM AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY SUPERVISORS TO EXECUTE SAID STATEMENT OF AGREEMENT ON BEP~LF OF THE COUNTY OF ROANOKE Captain Michael F. Kavanaugh, head of the County's Youth and Family Services Bureau, was president as spokesman in this matter. He advised that the School Resource Officer Program in Roanoke County vli11 begin under a program funded by the State Division of Justice and Crime Prevention, that the contract has been approved by the County Attorney and the County School Board. Supervisor Park asked how many officers would be involved IN RE: ~; " , t '\ 9-25-79 292. - -- Captain Kavanaugh responded that at present, only two officers, who will moved amoung all County schools; eventually there would be four officers, one for each school district. He further stated no additional personnel is being request now. Supervisor Compton asked Captain Kavanaugh how the County could retain officers in the Bureau after they have received training. Captain Kavanaugh said he didn't anticipate the problem arising as there are only a few such bureaus in the country presently. BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That said Board does hereby approve that certain agreement by and between the Roanoke County Sheriff's Department 3 Youth and Family Service Bureau and the Roanoke County School Board to establish a School Resource Officer Program within the Roanoke County School System; and I 2. That the Chairman of the Board of County Supervisors be, and she hereby is, authorized to execute said statement of agreement on behalf of the County Roanoke upon form approved by the County Attorney. On motion of Supervisor Myers and adopted by the following recorded vote: AYES: NAYS: IN RE: Supervisors Compton, Myers, Park, Terry, and Johnson None I PHASE I DEVELOPMENT OF WOMACK PROPERTY In connection with proceeding with Phase I of development of the Womack property, as discussed and authorized at the Supervisors' September 11 meeting, Mr. Compton moved that the Supervisors direct County Executive William F. Clark to secure a "Use Not Provided For" permit to allow the construction and operation of a governmental service center on said property. Mr. Compton's motion was adopted by a unanimous voice vote. IN RE: STREETS IN BOXWOOD HILLS SUBDIVISION Supervisor Myers discussed with County Attorney James E. Buchholtz a petition received from residents of Boxwood Hills subdivision asking the County's assistance in getting their roads built to meet the State's standards so the Virginia Department of Highways and Transportation would take over maintenance of the roads. Supervisor Myers asked Mr. Buchholtz if he felt his letter of response to the citizens' request shoull be considered the County's final word. Mr. Buchholtz advised that his letter dealt with the County's legal obligation and that he had seen nothing in the citizens' most recent letter to change his mind. Mr. Buchholtz stated that Boxwood Hills was not considered a subdivision, under the County's definition of "subdivision" at the time it was developed and recorded and that I I I I " . 9-25-79 293 .'h. . " . _ . .".__ " .. _ ... , . H H. ... .. , is when the problem originally arose. He said the situation was probably a matter for private litigation. He also stated that it is set out in the deeds to property in the Boxwood Hills subdivision that the roads are private and the property owners undertook to maintain their own roads. Mr. Buchholtz said the County's present "70/30" policy could be changed, but that Boxwood Hills does not qualify under the present policy. Supervisor Myers asked Mr. Buchholtz to advise the Boxwood Hills residents of the County's present stance and that the County cannot be of assistance. ,0 i; IN RE: INVESTIGATION OF DUMPING ON MICHAEL E. BAKER PROPERTY Supervisor Park asked the County Executive and County Engineer to check with Mohawk Rubber Company and find out what was in the barrels being dumped on the Michael E. Baker property and report back. County Planner Timothy W. Gubala advised that the barrels originally contained a dispersal lubricant. IN RE: APPOINTMENT OF MR. BILL TRIPLETT TO INDUSTRIAL DEVELOPMENT AUTHORITY Supervisor Park moved.that Mr. Bill Triplett from Vinton district be reappointed for another term on the Roanoke County Industrial Development Authority. The motion was adopted by a unanimous voice vote. IN RE: MATERIAL DUMPED IN CREEK IN VICINITY OF ROUTE 220 Chairman Johnson advised that she had been informed that a man living on Route 220, who had been taken to the court by the County and fined for having old buses and unlicensed autos on his property, had disposed of them by pushing them into the nearby creek. She asked County Planner Gubala and his staff to investigate this complaint. IN RE: SERVICES RENDERED BY FIREMEN DURING RECENT FLOODING Chairman Johnson recognized the presence of several County firemen in the audience and praised them for the help rendered by the fire service to citizens during the flooding that occurred during the September 15-16 weekend. She also advised those present that in future, flooding problems could be referred to the Public Service Authority, either through the PSA dispatcher or through the dispatchers in the Sheriff's department. IN RE: RECENT STATE FIREMEN'S CONVENTION Chairman Johnson read aloud a letter received from the President of the Virginia State Firemen's Association thanking the County and its staff members for hosting the 93rd Annual Firemen's Convention in August, 1979 and expressing appreciation for his pleasant stay and the success of the Covention. IN RE: APPOINTMENT OF MR. CBARLES R. SAUL TO INDUSTRIAL DEVELOPMENT AUTHORITY 9-25-79 .._2~9.,4 .. r J'I" .. , ,,,'" , " '" . ,... , . , ., " ",,' .",,, .." Chairman Johnson said she would like to reappoint Mr. Charles R. Saul from the Cave Spring district to another term on the Roanoke County Industrial Development Authority and asked for a motion. Supervisor Terry moved that Mr. Saul be reappointed for another term; the motion was adopted by a unanimous voice vote. APPOINTMENT OF MR. HARRY T. LAYMAN TO ROANOKE COUNTY GRIEVANCE PANEL Supervisor Myers moved that Mr. Harry T. Layman be reappointed for another term on the Roanoke County grievance panel; the motion was adopted by a unanimous voice vote. IN RE: IN RE: AWARD OF BID ON FIRE APPARATUS The matter of awarding a contract for the purchase of fire apparatus had been continued from the Supervisors' September 11 meeting. Chairman Johnson asked for comments from Board members; there were none. She then asked for comments from the audience; there were none. Supervisor Compton moved adoption of the previously prepared resolution authorizing entering into a lease-purchase agreement with American La France Company. The motion was adopted by the following, recorded vote: AYES: Mr. Compton, Mr. Myers, and Mrs. Johnson NAYS: Mr. Park and Mr. Terry (after following discussion, Mr. Terry voted "Aye") Supervisor Terry advised he had voted "no" because Oren- Roanoke had requested imput into this matter. County Executive William F. Clark advised that Mr. S. T. Rozzi, Executive Vice President of Oren-Roanoke, would not know until Friday (September 28) whether Oren-Roanoke could obtain financing from a bank which would enable them to offer the County a lease- purchase agreement. Mr. Clark also said Oren-Roanoke claimed they could meet the County's specifications, but they did not say if that would increase the amount of their bid. Supervisor Terry then advised he had voted "no" on awarding the contract to American La France because he thought the business should be kept in the Valley, but after hearing these remarks he wished to change his vote to "yes". IN RE: ADJOURt-.1}1ENT This concluded the business before the Board at this time and, on motion of Supervisor Myers and a unanimous voice vote, the meeting was adjourned at 9:02 p.m. CHAIRMAN , I I I -