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10/9/1979 - Regular I I I 10-9-79 ,l lJ, '" '2'9'5 Board of County Supervisors Salem-Roanoke County Civic Center Salem, Virginia October 9, 1979 6:00 P.H. 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 second Tuesday, and the first regular meeting of the month of October. Members Present: Chairman May W,; Johnson, Supervisors ,R. Way e Compton, Edward C. Park, Jr., and Lawrence E. Terry. Absent: Vice Chairman Robert E. Hyers. Chairman Johnson called the meeting to order at 6:00 p.m. and announced that opening business will include only routine matters; public hearings and other public agenda items will not begin before 7:00 p.m. IN RE: SOLID WASTE MANAGEMENT BOARD-1978-79 FINANCIAL REPORT On motion of Supervisor Compton and a unanimous voice vote, the 1978-79 Financial Report for the Regional Solid Waste Hanagement Board as prepared by Peat, Marwick, Mitchell & Company was this date received and filed. Supervisor Park moved the GountyExecutiveadvisethe Landfill Board to investigate other means of disposing of solid waste, such as the use of stearn or electricity. The motion was adopted unanimously. IN RE: THERMOGRAPHIC INFORMATION Supervisor Compton moved to receive and file the letter from National Aeronautics and Space Administration advising that NASA cannot provide thermographic information on Roanoke County and listing private, commerical concerns which can provide such service and that the County Executive be authorized to seek a grant to have this service performed by consultants. The motion was adopted unanimously. IN RE: AUDIT REPORT-CIVIC CENTER Supervisor Terry moved that the report of Firebaugh & Berry, Inc. on their audit of the records of the Salem-Roanoke County Civic Center as of June 30, 1979, be received and filed, which motion was adopted unanimously. IN RE: REFERRALS TO PLANNING COl~ISSION In a report to the Board, the County Executive advised that the following petition has been referred to the County Planning Commission since the Supervisors' meeting on September 11, 1979: Petition of F & B Developers requesting rezoning from R-l to B-2 of a 0.172-acre lot behind 3224 BraBbleton Avenue in the Cave Spring District so a private parking lot may be provided to replace parking space lost due to the projected widening of Brambleton Avenue 2.9f) .' ". ..... .... . IN RE: Class: Fund: Department: Object: Class: Fund: Department: Object: 10-9-79 . .. .. . ....." . . ...... w . .".. .. . . .. " APPROPRIATION RESOLUTION NO. 2409 PARKS AND RECREATION BUS DESCRIPTION Expenditures General Operating Parks and Recreation Maintenance of Vehicles Revenues General Operating Local Revenues Insurance 503010-0909 $1,300 The County Executive explained that one of the buses used by the Parks and Recreation Department was involved in an accident and totalled and that the $1300 agreed upon by the insurance company be accepted and reappropriated to the Recreation Department. A full copy of the report is filed with the minutes of this meeting. Supervisor Terry moved adoption of the prepared resolution, which motion was approved by the following recorded vote: AYES: Mr. Compton, Mr. Park, Mr. Terry, Hrs. Johnson NAYS: None ABSENT: Mr. Myers IN RE: RETURN OF FIRE APPARATUS TITLES TO VOLUNTEERS Supervisor Terry moved to concur with the recommendation of the County Executive and Coordinator of Fire and Emergency Services and release titles to three pieces of fire apparatus to the Clearbrook Volunteer Fire Company so that the apparatus can be sold for salvage, which motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None ABSENT: Mr. Myers IN RE: INFORMATIONAL ITEMS I On motion of Supervisor Park and a unanimous voice vote, the following reports, which were submitted by the Director of Finance for the Supervisors' information, were this date receive and filed: 1. 2. IN RE: Financial Statement for the two-month period ended August 31, 1979 Accounts paid during September, 1979 RESOLUTIONNO~ 2410 AUTHORIZING THE PURCHASE OFA FIRST RESCUE TOOL (JAWS OF' LIFE) TO BE USED BY THE DEPARTMENT OF FIRE AND EMERGENCY SERVICES UPON CERTAIN TERMS AND CONDITIONS AND AUTHORIZING AND DIRECTING THE COUNTY EXECUTIVE TO ENTER INTO CONTRACT FOR THE PURCHASE OF SAME I I I I 10-9-79 ~. ' . 297 . . ,. ~_. d ""~ .. .. . .... . . . .. .. ... .. . . . .. . BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That a Hurst Rescue Tool (Jaws of Life) to be used by the Department of Fire and Emergency Services be purchase from Virginia-Maryland Rescue Systems of Norfolk, Virginia, at a cost not to exceed $5,781, upon all and singular the terms and conditions of the specifications of the County of Roanoke, Virginia, the distributor's proposal and the provisions of this resolution; and 2. That the County Executive be, and he is hereby authorized and directed to enter into contract with Virginia- Maryland Rescue Systems for the purchase of said Hurst Rescue Tool. On motion of Supervisor Park and adopted by the following recorded vote: AYES: NAYS: ABSENT: IN RE: Mr. Compton, Mr. Park, Mr. Terry, Mrs. Johnson None Mr. Myers EXECUTIVE SESSION Chairman Johnson advised those present that the County Attorney had requested an Executive Session of the Board to discuss legal matters and pending litigation. At 6:15 p.m., on motion of Supervisor Terry and the following recorded vote, the Board went into Executive Session. AYES: Mr. Compton, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None ABSENT: Mr. Myers At 7:00 p.m., the Supervisors returned to the meeting room and on the motion of Supervisor Terry and a unanimous voice vote, the Board reconvened in open session. 7 O'CLOCK SESSION Chairman Johnson announced to those present that the meeting had already been called to order at the six o'clock session and recognized The Reverend Jeffrey S. Jones, Saint Paul's Episcopal Chirch, who offered the invocation. The Pledge of Allegiance to the flag was recited in unison. IN RE: APPROVAL OF MINUTES On motion of Supervisor Terry and a unanimous voice vote, the minutes of the regular meeting of September 25, 1979, were approved as presented. IN RE: PETITION OF DEWEY W. AND MARY I. LIKENS FOR * REZONING FROM RE TO B-3 OF 0.76 ACRE ON THE * SOUTH SIDE OF ROUTE 221 NEAR POAGES MILL IN * FINAL THE WINDSOR HILLS DISTRICT SO THE EXISTING * ORDER SERVICE STATION (JAKE'S UNION '76) MAY BE EXPANDED * .', " 10-9-79 ;2-98 t , ." - ' . , , - , , , ~, . ,-, ,- , Chairman Johnson opened the floor for public comments and recognized Mrs. Likens. At the request of Windsor Hills District Supervisor Terry, Mrs. Johnson asked if there was anyone present in opposition to this rezoning; no one responded. Mr. Terry stated that he had viewed the site and also knew of no oppositior NOW, THEREFORE BE ORDERED, that the property located in the southwest corner of the intersection of Routes 221 and 690, and more particularly described below, be rezoned to Business District B-3 to ab10w the expansion of an existing service station: BEGINNING at an iron plug on the south side of State Highway (now U. S. Route 221) at 1; thence running along the south side of State Highway as it curves, the distance of 540 feet to an iron plug at 2, corner to land of the late J.J. Sloan; thence with line of the Sloan land, S. 35 deg. 45' E. 174.9 feet to an iron plug at 3; thence S. 71 deg. E. 282 feet to a point 22 feet east of the east side of the North end of the Wertz-Bell Bridge across Back Creek at 4; thence supposed to be along the line of the late H.C. Poage land, N. 64 deg. E. 152 feet to the place of BEGINNING, containing 0.90 acre; and BEING the same property conveyed to the first party by deed from Mona Ferguson Curtis, widow, et a1, dated May 27, 1960, and of record in the Clerk's office of the Circuit Court of Roanoke County, Virginia, in Deed Book 645, Page 522; and EXCLUDING the property shown on Sheet 4 of the plans for Route 690 State Highway Project 0690-080-141, C-501 and lying on both sides of the office revised centerline and adjacent to the center of present Route 690 from the lands of Susie Sloan, Annie Sloan and Dewey Sloan at approximate Station 46+04 to the south existing right of way line of present Route 221 at approximate Station 46+77 and containing 0.14 acre, more or less which was taken by condemnation by the State Highway Commissioner for purposes of contruction, alteration, or maintenance of State Route 690, of record in the Clerk's Office of the Circuit Court of Roanoke County in Deed Book 998, Page 250. BE IT FURTHER ORDERED, that the County Planner be, and hereby is directed to reflect this change in the zoning on the zoning maps of Roanoke County. On motion of Supervisor Lawrence E. Terry and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None ABSENT: Mr. Myers I I I IN RE: APPLICATION OF RICHARD R. HAMLETT AND NORTHVIEW CORPORATION FOR AMENDMENTS TO PHASE III OF THE PLANNED UNIT DEVELOPMENT KNOWN AS RUXTONOF ROANOKE (STONEHENGE) LOCATED ON THE EAST SIDE OF CHAPARRAL DRIVE, JUST SOUTH OF PENN FOREST BOULEVARD IN THE CAVE SPRING DISTRICT TO ALLOW THE CONSTRUCTION OF TWO APARTMENT BUILDINGS HAVING 56 UNITS (28 UNITS EACH) , I I I 10-9-79 '~',29 9 . .' ... .., _. . - .. ..... -, ,. _. .. ..... . .. . , . .. .. . -----;:-:- .' . .... " . ..... Chairman Johnson opened the floor for public comments and advised that the petitioner, Mr. Hamlett was not yet present. Mr. Hamlett did arrive shortly after the conclusion of this hearing. Mrs. Johnson, who represents the Cave Spring District, advised that she had reviewed the amendment and favorably recommended approval of it. It was also clarified by County rlanner Gubala that the petitioner is seeking a change to his final development plan to allow the construction of two apartment buildings having 56 units (28 units each). This is a decrease from the 5 buildings and 72 units indicated on the Development Plan. Mr. Hamlett plans to offer and sell these units in a condominium fashion. No one appeared in opposition. FINAL ORDER NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that amendments to allow the request to change buildings identified as 7, 8, 9, 10, and 11 of Section 2, Phase III of Ruxton of Roanoke, to two individual buildings to be used as condominium units in lieu of the previously described apartment building be, and the same is hereby, approved. IT IS FURTHER RESOLVED that the County Planner be, and is hereby, directed to reflect this change in the Planned Unit Development Final Plan of Ruxton of Roanoke. This concluded the public hearing and Supervisor Terry moved that the amendment to Phase III of the Planned Unit Development be approved, which motion was adopted by the follow- ing recorded vote: AYES: Mr. Compton, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None ABSENT: Mr. Myers IN RE: REQUEST FOR WITHDRAWAL OF RALPH D. AND KALA L. JONES REZONING PETITION Chairman Johnson advised that the Board was in receipt of a letter request from G. Marshall Mundy, Attorney, requesting permission to withdraw from further consideration the petition of Ralph D. and Kala L. Jones requesting rezoning from R-3 to B-2 of 1.325 acres on the northeast side of Route 419 in the Windsor Hills District. On motion of Supervisor Terry and unanimous voice vote, the request to withdraw was this date approved. IN RE: REQUEST OF FRANK B. PHLEGAR FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME (TO BE OCCUPIED BY HIS DAUGHTER, SUSAN PHELGAR) ON A 23-ACRE TRACT OFF THE WEST SIDE OF ROUTE 680 NORTH OF ITS INTERSECTION WITH ROUTE 777 IN THE CATAWBA DISTRICT 30.0 4 . 10-9-79 . . . . .. .. . .. Board Chairman Johnson opened the floor for public comments and recognized Mr. Phlegar. No one appeared in opposition. This concluded the public hearing and Supervisor Terry 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. NOTE: I Applicant has been granted the following variances from the Board of Zoning Appeals - (1) mobile home will not be owner occupied, (2) existing dwelling on the tract REQUEST OF E. L. GOODWIN FOR RENEWAL OF A SPECIAL EXCEPTION TO PARK A MOBILE HOME (TO BE USED AS A GUEST HOUSE) ON A 1.65-ACRE TRACT ON THE EAST SIDE OF ROUTE 612, 4 MILES SOUTH OF ITS INTERSECTION WITH U.S. ROUTE 460 IN THE CATAWBA DISTRICT Board Chairman Johnson opened the floor for public comments and recognized Mr. Goodwin. No one appeared in opposition. This concluded the public hearing and Supervisor Compton moved that the renewal be approved beginning July 12, 1979, subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes, which motion was adopted unanimously. Board Chairman Johnson opened the floor for public comments and recognized Mr. Daryl Wood, the applicant's son. No one appeared in opposition. This concluded the public hearing and moved that the request be approved subject the County Zoning Ordinance as it pertains which motion was adopted unanimously. NOTE: Applicant has been granted the following variances from the Board of Zoning Appeals - (1) mobile home will not be owner occupied, (2) tract contains less than 1 acre, and (3) mobile home will be placed closer than 50 feet to two of the property lines. REQUEST OF HARRY E. CHISOM FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME (TO BE OCCUPIED BY HIS DAUGHTER AND SON-IN-LAW, GAYLE AND EDDIE HONTZ) ON AN 8.60- ACRE TRACT ON THE NORTH SIDE OF HIGHLAND ROAD (ROUTE 618), 300 FEET EAST FROM ITS INTERSECTION WITH LAKE STREET IN THE RIVER-DALE FARM SECTION OF THE VINTON DISTRICT IN RE: IN RE: IN RE: REQUEST OF WILLIE WOOD FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME (TO BE OCCUPIED BY HIS SON, DARYL WOOD) ON A 0.75-ACRE TRACT ON THE NORTH SIDE OF A FRONTAGE ROAD ABOUT 0.33 MILE WEST OF GLENVAR JUNIOR HIGH SCHOOL IN THE CATAWBA DISTRICT I Supervisor Terry to the provisions of to mobile homes, I Board Chairman Johnson opened the floor for public comments and recognized Mrs. Gayle Hontz, the applicant's daughter. No one appeared in opposition. This concluded the public hearing and Supervisor Park moved that the request be approved subject to the provisions --, << I I I 10-9-79 ~3;O,~ 1 - ,<<-- d . - -.- - -- . .-, ,,- - - - - ~.. of the County Zoning Ordinance as it pertains to mobile homes, which motion was adopted unanimously. NOTE: Applicant has been granted the following variances from the Board of Zoning Appeals - (1) mobile home will not be owner occupied, (2) tract contains less than 1 1 acre, and (3) mobile home will be placed closer than 50 feet to two of the property lines. IN RE: REQUEST OF HARRY E. CHISOM FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME (TO BE OCCUPIED BY HIS DAUGHTER AND SON-IN-LAW, GAYLE AND EDDIE HONTZ) ON AN 8.60- ACRE TRACT ON THE NORTH SIDE OF HIGHLAND ROAD (ROUTE 618), 300 FEET EAST FROM ITS INTERSECTION WITH LAKE STREET IN THE RIVER-DALE FAillA. SECTION OF THE VINTON DISTRICT Board Chairman Johnson opened the floor for public comments and recognized Mrs. Gayle Hontz, the applicant's daughter. No one appeared in opposition. The concluded the public hearing and Supervisor Park 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. NOTE: Applicant has been granted the following variances from the Board of Zoning Appeals - (1) mobile home will not be owner occupied, (2) existing dwelling on the tract. IN RE: REQUEST OF RICHARD T. G. LLOYD FOR TWO SPECIAL * EXCEPTIONS TO PARK TWO MOBILE HOMES (ONE TO BE * OCCUPIED BY MR. LLOYD AND HIS WIFE, THE SECOND * TO BE OCCUPIED BY MRS. LLOYD'S PARENTS, HERMAN * AND FRANCES ABERNATHY) ON A 2-ACRE TRACT ON *CONTINUE THE EAST SIDE OF BALLARD STREET, 360 FEET SOUTH* FROM ITS INTERSECTION WITH HIGHLAND ROAD (ROUTE* 618) IN THE RIVERDALE FARM SECTION THE VINTON * DISTRICT * Chairman Johnson opened the floor for public comments and recognized Mr. Lloyd. Vinton District Supervisor Park asked Mr. Lloyd where he presently lives. Mr. Lloyd responded that he is now living in a mobile home park along with his mother. Mr. Park then advised that certain neighbors in the area had expressed concern over possible contamination of their springs if the mobile homes were permitted to be placed on the property in question, and therefore moved that the request of Mr. Lloyd be continued to the October 23rd meeting for further information and clarification, which motion was adopted unanimously. PUBLIC HEARING ON 1980-1986 FINAL SIX-YEAR HIGHWAY PLAN FOR SECONDARY ROADS IN ROANOKE COUNTY Mr. L. C. Garber, Assistant Resident Engineer, Virginia Department of Highways and Transportation, was present and briefly explained the purpose of the hearing, which is to obtain input from County citizens concerning the Six-Year Plan for highways within Roanoke County. IN RE: 10-9-79 3024 At this point, Chairman Johnson opened the floor for public comments. Mr. Garber did stress that the plan involves secondary roads only. Supervisor Compton stated his preference for paving as opposed to tar and gravel and was advised by Mr. Garber that the Highway Department has been using slurry seal, which is an improvement over tar and gravel; but at the present time, paving is out of the question because of the expense involved. Mr. Garber also received various requests for road improve- ments from the Supervisors but not citizen requests. A recording of the proceedings taken by Highway Department staff and a full copy of the Plan are filed with the minutes of this meeting. IN RE: REQUEST OF RICHARD R. HAMLETT, PRESIDENT OF * THE NORTHVIEW CORPORATION, FOR A CONDITIONAL * USE PERMIT UNDER SECTION 21-6 OF THE ROANOKE * COUNTY CODE TO OPERATE A LANDFILL ON PROPERTy*CONTINU OWNED BY NORTHVIEW CORPORATION FRONTING ON * ROUTE 419 AND BOUNDED ON THE NORTH BY MCVITTY* ROAD IN THE WINDSOR HILLS DISTRICT * Mr. Hamlett was present and acted as spokesman for his company's request. Chairman Johnson advised that the Supervisors had received a copy of a letter sent to Mr. Hamlett from the County Engineer regarding his request and asked Mr. Hamlett if he had received the letter; Mr. Hamlett responded in the affirmative. Some discussion then took place on the County Engineer's comments in the letter to Mr. Hamlett, which mainly consisted of apparent drainage problems that may exist if the permit is granted. Responding to an inquiry, Mr. Hamlett advised that for fill material he was using mainly dirt and rocks, and occasionally tree stumps. Chairman Johnson asked if anyone was present in opposition and recognized Mr. Roger A. Lorden, 4390 Sheldon Drive, S.W. Mr. Lorden advised that the resides on the north side of the proposed operation in Cresthi11 #2 and opposed it for the following reasons: (1) type of fill - open invitation for the entire County to use it as a dump. (2) toxic wastes that may contaminate County well situated in th vicinity of the property (3) would produce more water runoff in the area; thereby causing an undue hardship on area residents (4) this type of operation would be unsightly in an area which is very scenic. Approximately 11 persons stood in opposition to the request The Chairman then recognized Mr. William Brenton, President and representative of the Sugar Loaf Civic League, who advised that the Civic League is opposed to the request due to the apparent drainage problems and concern that this is the first step I I I I I I - - - -- 10-9-79 3<0'3 - -- - -- __ __ _ d __ - - '-'-"'---' -'-- ,- -,--- , - toward a future request for rezoning. Mr. Brenton then asked the Board to deny the request and refer it to the Planning Commission with the request that an indepth study be made of the drainage problem and thorough review of future plans and their total impact. Mr. Brenton also stated that this would afford citizen imput into the request. Mrs. Johnson reminded Mr. Brenton that if, in the future, Mr. Hamlett wanted the property rezoned, a public hearing would be held by the Board at which time any citizen could speak on the request. There being no further comments, Supervisor Terry moved that the Board defer action on the request for approximately 30 days and that Mr. Hamlett meet with the County Engineer and Resident Engineer of the State Highway Department, to work out the apparent drainage problems that may exist by reason of granting such conditional use and report back to the Board within that time. Mr. Park asked that the County Utility Director be a party to the discussions relating to the property in question, since he expressed concern about water and sewer facilities in the area The motion was adopted unanimously. IN RE: BID: MISCELLANEOUS COUNTY VEHICLES In a report to the Board, the Director of Finance and Purchasing Supervisor recommended that items 2, 3 and 5 listed on the attached bid results be purchased from Dominion Dodge; while item 4, automobiles, be purchased from Magic City Ford for their low bid. A full copy of the report and attachments are filed with the minutes of this meeting. Chairman Johnson asked Director of Finance Chambliss how the old vehicles were disposed of; Mr. Chambliss responded that they are normally sold as surplus property at an auction. Considerable discussion then took place among the Supervisor and staff regarding purchase of these vehicles. Supervisor Terry suggested that the County consider purchasing the trucks from GMC since he thought they had a more maintenance free truck. Purchasing Supervisor Turner then advised that in recent years, Consumer Reports show that Fords are more maintenance free. W. L. Rossie, Jr. County Utility Director, who was present at the meeting, stated that he had been having service and maintenance problems with the Dodges purchased by the Public Service Authority. This concluded the discussion and on motion of Supervisor Compton, the resolution authorizing purchase of certain vehicles was amended, the question was called on the amended resolution and the resolution as amended was adopted as spread herein: 10-9-79 :3 O.A.<',' IN RE: RESOLUTION NO. 2418 ACCEPTING CERTAIN BIDS FOR THE PURCHASE OF VEHICLES TO BE USED BY VARIOUS DEPARTMENTS THROUGHOUT THE COUNTY UPON CERTAIN TERMS AND CONDITIONS AND AUTHORIZING AND DIRECT- ING 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 those certain bids of Magic City Ford of Roanoke in the amount of $5,866.77 for the purchase of each of three 1/2-ton white pick-ups for a total of $17,600.31, and $5,866.77 for the purchase of a 1/2-ton green pick-up, and $5,332.75 for each of four automobiles for a total of $21,331.0 , and that certain bid of Dominion Dodge of Roanoke in the amount of $8,640.12 for the purchase of a IS-passenger van, upon all and singular the terms and conditions of the invitation to bid, the specifications of the County of Roanoke, Virginia, the bidders' proposal, the best interests of the County of Roanoke 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 Magic City Ford and Dominion Dodge of Roanoke for the purchase of said vehicles; and 3. That all other bids for the purchase of said vehicles 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: Mr. Compton, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None ABSENT: Mr. Myers IN RE: RESOLUTION NO. 2419 AUTHORIZING THE COUNTY OF ROANOKE TO ENTER INTO A CERTAIN AGREEMENT WITH SOUTHWEST CONSTRUCTION COMPANY FOR THE CONSTRUC- TION OF A PICNIC PAVILION AND COMFORT STATION IN WALROND PARK UPON CERTAIN TERMS AND CONDITIONS AND AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE SAID AGREEMENT ON BEHALF OF THE COUNTY OF ROANOKE I I In a report to the Board, the Director of Finance advised that the Purchasing Division received bids to secure a build- ing contract for the construction of the Picnic Pavilion and Comfort Station in Walrond Park and recommended that Southwest Construction Company of Roanoke be awarded the constract for their low bid meeting specifications. A full copy of the report, along with a copy of the specifications, is filed with the minutes of this meeting. I I I I . . . 10-9-79 3 0,5 '>'~ . . . . . Supervisor Park stated that the parking should come before the buildings. County Engineer Robertson said that parking is in the overall plan and is included in the next phase. Mr. Park then raised a question on construction of the sewer line. The County Executive advised that this also is a part of the total proj ect. Supervisor Compton moved adoption of the prepared resolutio , which motion was approved by the following recorded vote: BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That the County of Roanoke be, and it is hereby, authorized to enter into a certain agreement by and between the County of Roanoke and Southwest Construction Company of Roanoke, Virginia, for the construction of a picnic pavilion and comfort station in Walrond Park as defined in said agreement at a cost not to exceed $49,799, upon all and singular the terms, conditio s and provisions more fully set out in said agreement; 2. That the County Executive be, and he is hereby, directed to execute said agreement on behalf of the County of Roanoke; the same to be upon form approved by the County Attorne On motion of Supervisor Park and adopted by the following recorded vote: AYES: NAYS: ABSENT: IN RE: Mr. Compton, Mr. Park, Mr. Terry, Mrs. Johnson None Mr. Myers APPROPRIATION RESOLUTION NO. 24ll-NORTH COUNTY- EAST SUBSECTOR-REQUEST TO SOFTEN THE DEER RUN WELL DESCRIPTION INCREASE (DECREASE) ACCOUNT NUMBER Class: Fund: Department: Obj ect: Expenditures Water Operating Utility Improvements to System Operation & Maintenance Treatment Equipment Contingent Balance 1,288 (20,288) 690000-484 $19,000 690000-405 690000-999 On motion of Supervisor Park and adopted by the following recorded vote: AYES: NAYS: ABSENT: IN RE: Mr. Compton, Mr. Park, Mr. Tprrv, Mrs. .Tohn~on None Mr. Myers APPROPRIATION RESOLUTION NO. 24l2-NORTH COUNTY- WEST SUBSECTOR-REQUEST TO SOFTEN NORTH LAKES WELL #4 -II - 306 Class: Fund: Department: Ob j ec t : 10-9-79 .. . DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Expenditures Water Operating Utility Improvements to System Operation & Maintenance Treatment Equipment Contingent Balance 690000-484 $21,000 690000-486 690000-999 2,352 (23,352) On motion of Supervisor Park and adopted by the following recorded vote: AYES: NAYS: ABSENT: IN RE: Class: Fund: Department: Ob j ec t : Mr. Compton, Mr. Park, Mr. Terry, Mrs. Johnson None Mr. Myers APPROPRIATION RESOLUTION NO. 24l3-REPLACEMENT OF BOOSTER PUMPS IN GLENVAR EAST WATER SYSTEM DESCRIPTION ACCOUNT NUMBER INCREASE DECREASE Expenditures Water Operating Utility Improvements to System Repair & Replacement Contingent Balance 690000-484 690000-486 690000-999 $5,000 4,435 (9,435) On motion of Supervisor Terry and adopted by the follow- recorded vote: AYES: NAYS: ABSENT: IN RE: Class: Fund: Dept: ObJec t; Mr. Compton, Mr. Park, Mr. Terry, Mrs. Johnson None Hr. Myers APPROPRIATION RESOLUTION NO. 24l4-LA BELLEVUE WELL NO.7-WELL HOUSE AND INTERCONNECTION WITH THE EXISTING SYSTEM DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Expenditures Water Bond Construction Water Bond Construction Exploratory & Well Development 647000-607b Contingent Balance 547000-999 $25,000 (25,000) On motion of Supervisor Compton and adopted by the follow- ing recorded vote: AYES: NAYS: ABSENT: IN RE: Mr. Compton, Mr. Park, Mr. Terry, Mrs. Johnson None Mr. Myers RESOLUTION NO. 2415 ACCEPTING A CERTAIN BID MADE TO THE ROANOKE COUNTY PUBLIC SERVICE AUTHORITY FOR THE PURPOSE OF WELL DRILLING FOR SAID PUBLIC SERVICE AUTHORITY UPON CERTAIN TERMS AND CONDITIONS AND AUTHORIZING AND DIRECTING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT WITH THE SUCCESSFuL BIDDER . I I I I I I 10-9-79 3:0'7 BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That that certain bid of Nelson-Roanoke Corporation for the purpose of well drilling for the Roanoke County Public Service Authority upon all and singular the terms and conditions of the invitation to bid, the specifications of the Roanoke County Public Service Authority, 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 Nelson- Roanoke Corporation for the purpose of said well drilling. On motion of Supervisor Compton and adopted by the follow- ing recorded vote: AYES: Mr. Compton, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None ABSENT: Hr. Myers IN RE: ADMINISTRATION AND PUBLIC WORKS FACILITIES - PHASE I Supervisor Compton moved adoption of the following resolution authorizing the committee on administrative facility improvements to implement Phase I of the report of the VVKR Partnership relating to administrative facility improvements; said resolution to be prepared by the County Attorney the next morning after this meeting and spread as follows: IN RE: RESOLUTION NO. 2416 A}fENDING RESOLUTION NO. 2384 CONCURRING GENERALLY IN THE REPORT OF THE VVKR PARTNERSHIP MADE FOR THE COUNTY OF ROANOKE RELAT- ING TO ADMINISTRATIVE FACILITY IMPROVEMENTS AND AUTHORIZING THE COMMITTEE ON ADMINISTRATIVE FACILITY IMPROVEMENTS TO IMPLEMENT PHASE I OF SAID REPORT ON BEHALF OF THE COUNTY OF ROANOKE BE IT RESOLVED by the Board of County Supervisors of Roanok County as follows: 1. That Resolution No. 2384, adopted September 11, 1979, be, and it is hereby, amended by deletion of the words "other than those projects relating to office facilities for the Roanoke County Public Service Authority" and 2. That it is the intention of the Board that the County's Committee on Administrative Facility Improvements be, and it is hereby, authorized and directed to proceed toward implement- ation of all of Phase I as set forth in the report of VVKR Partnership as it relates to the former North 11 Theater property. On motion of Supervisor Compton and adopted by the follow- ing recorded vote: AYES: Mr. Compton, Mr. Park, Mr. Terry NAYS: Mrs. Johnson ABSENT: Mr. Myers 10-9-79 308' ... . . . . . IN RE: LEGISLATIVE CONCERNS A resolution establishing a legislative program for the County for the 1980 session of the General Assembly of Virginia was before the Board for discussion and adoption. On motion of Supervisor Park, the resolution was amended by the inclusion of an additional legislative request set out in said resolution as item no. 6 (regulation of drainage wells) On motion of Supervisor Park Resolution No. 2417, as amended, was adopted as herein set out: IN RE: RESOLUTION NO. 2417 ESTABLISHING A LEGISLATIVE PROGRAM FOR THE COUNTY OF ROANOKE FOR THE 1980 SESSION OF THE GENERAL ASSEMBLY OF VIRGINIA AND REQUESTING THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING THE COUNTY OF ROANOKE TO INTRODUCE AND SUPPORT SUCH LEGISLATIVE PROGRAM BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That the 1980 Session of the General Assembly of Virginia is hereby requested that Section 15.1-117 of the 1950 Code of Virginia, as amended, be amended and re-enacted to read and provide as follows: Section 15.1-117 Powers and Duties-The county administrator shall be clerk to the governing body; provided however, the county board of any county which appoints a county admininstrat r pursuant to Section 15.1-115 may, be resolution of the board, appoint a clerk to the board separate and distinct from the county administrator or the circuit court clerk to perform all duties imposed by law upon the circuit court clerk as clerk of the governing body and those duties specifically set forth in subparagraphs (1), (2), (3) and (5) of this section. It shall be his general duty: 2. That the 1980 Session of the General Assembly of Virginia is hereby requested to amend and re-enact Section 51-112 of the 1950 Code of Virginia, as amended, to read and provide as follows: Section 51-112. Counties, cities and towns generally.-- The governing body of each county, city and town may, by ordinance adopted by a recorded vote of a majority of the members elected or of a majority elected to each branch, if there be more than one branch, establish a system of pensions, including death benefits, covering injured, retired or superannuated officers and employees of such county, city or town, and payable to such officers and employees, or their dependents, estates or designated beneficiaries, and to provide for accrued vested or contractual rights thereunder; and it may through self- funding or the purchase of insurance and annuities, or a I I I .. ... .. I I I 10-9-79 3019 '.t .. .. .... . .. .. ...~ ~ .. . .. combination thereof, provide for such pensions, including death benefits, and for group life insurance covering the officers and employees of such county, city or town, and for gro~p accident and sickness insurance covering the officers and employees of such county, city or town and their dependents. Such governing body may by such ordinance establish a fund for the payment of such insurance and annuity premiums and charges by making appropriations out of the treasury of the county, city or town or by requiring contributions, payable from time to time through payroll deductions or otherwise, or by both, or by any other mode not prohibited by law. Retirement allowances and other benefits accrued or accruing to any person under the provisions of this section or under the provisions of any charter granted to any city or town, and the assets of a retirement system created under this section or by any charter granted to a city or town are hereby exempted from any State, county, or municipal tax; and shall not be subject to execution, attachment, garnishment or any other process whatsoever, nor shall any assignment thereof be enforceable in any court. For the purpose of this section the term employees may include teachers or other employees of city and town school boards. 3. That the 1980 Session of the General Assembly of Virginia hereby requested to amend and re-enact Section Section 58-795.2 of the 1950 Code of Virginia, as amended, to read and provide as follows: Section 58-795.2. Failure of county of city to comply with law on general reassessment of real estate.-- If any county or city shall fail to comply with the provisions of this article requiring a general reassessment of real estate periodically in such county or city by omitting such general reassessment in the year required by this article, or by failing to comply with the provisions of Section 58-760 requiring assessment at one hundred percent of fair market value, the Department of Taxation, on recelvlng proof of such delinquency, shall so notify the Comptroller, where-upon the Comptroller shall withhold from such county or city the payment of its share of the net profits of the operation of the alcoholic beverage control system as provided for by Section 4-22, as amended, until such time as the provisions of Section 58-760 have been complied with in such county or city. Results of the Tax Depart- ment's official assessment sales ratio study showing such 10-9-79 310 .. . . . . . , , . county or city to have a sales assessment ratio lower than seventy percent for the year a general reassessment or annual assessment if effective shall be conclusive proof that such locality has failed to assess at one hundred percent. The Department shall notify the Comptroller to pay over the accumulated profits, less a penalty charge of eight percent per annum on receipt of the results of an official assessment sales ratio study showing such county or city to have a sales assessment ratio higher than seventy percent. 4. That the 1980 Session of the General Assembly of Virginia is hereby requested to amend and re-enact Section 58-151.04 of the 1950 Code of Virginia, as amended, to read and provide as follows: Section 58-151.04. Incomes not subject to local taxation. -Incomes having been segregated for State taxation only, no county, city, town or other political subdivision of this State shall impose any tax or levy upon incomes; provided however. any county. city or town which has. by ordinance or resolution duly adopted. determined not to assess and collect personal property taxes from the residents of such county. city or town may impose. by ordinance or resolution of the governing body. a local income tax not to exceed one percent based on the total gross incomes of all residents of such county, city or town imposing such tax. 5. That the 1980 Session of the General Assembly of Virginia is hereby requested to amend and re-enact Section 42.1-36 of the 1950 Code of Virginia, as amended, to read and provide as follows: Section 42.1-36. Board not mandatory.- The formation and creation of boards shall in no wise be considered or construed in any manner as mandatory by virtue of this chapter, upon any city or town with a manager, or upon any county with a county manager, county executive, urban county manager or urban county executive form of government Chesterfield County or any county for which a county administrator has been appointed pursuant to Section 15.1 -115. 6. That the 1980 Session of the General Assembly of Virginia is hereby requested to amend and re-enact Section 32.1-178 of the 1950 Code of Virginia, as amended, to read and provide as follows: Section 32.1-178. Powers and duties of Board.- The Board is responsibile for carrying out the purposes and provision of this article and compatible provisions of federal acts and is authorized to and shall: "k ..'- " 'k . I I I 10-9-79 311 I 7. Designate, in accordance with criteria and listings identified under federal statute or regulation, classes, types or lists of waste which it deems to be hazardous~, and require that any person who causes or cc.mtributes to, by the use of drainage wells, the introducation of an such hazardous substanc or other ollutant into a. water su 1 to restore or rehabilitat such water supply so polluted or to otherwise replace such water supply without cost to the owner of such water supply. j'( ..k "l( I 10. Promulgate such regulations as may be necessary to carry out its powers and duties and the intent of this article and the federal acts~, and specifically to prohibit the drilling of wells for drainage purposes from and after July 1, 1980. That attested copies of this resolution be forthwith forwarded to each member of the General Assembly representing the County of Roanoke requesting that they support the legislati e program of the County of Roanoke set forth in this resolution, and to Mr. George Long, Executive Director of the Virginia Association of Counties requesting that the legislation set forth herein be included in the Virginia Association of Counties legislative package for the 1980 Session of the General Assembly of Virginia. On motion of Supervisor Park and adopted by the following recorded vote: AYES: NAYS: ABSENT: IN RE: Mr. Compton, Mr. Park, Mr. Terry, Mrs. Johnson None Mr. Myers COURTHOUSE SPACE Supervisor Compton moved that the County Executive be authorized to retain the services of the consulting firm of VVKR to look into alternate methods of providing additional space for courthouse facilities, which motion was adopted unanimously. IN RE: ADJOURNMENT On motion of Supervisor Terry and a unanimous voice vote, the meeting was adjourned at 8:30 p.m. I CHAIRMAN