Loading...
4/26/1977 - Regular 4-26-77 14 Salem-Roanoke County Civic Center Salem, Virginia April 26, 1977 7:00 P.H. The Board of County Supervisors of Roanoke County, Virginia, met this this being the fourth Tuesday and the second regular meeting of the month. I day in open session at the Salem-Roanoke County Civic Center in Salem, Virginia, Members Present: Chairmay Robert E. Myers, Vice-Chairman R. Wayne Compton, Supervisors C. Lawrence Dodson, May W. Johnson, and E. Deal Tompkins. Chairman Myers called the meeting to order at 7:08 p.m. and recognized Reverend George H. Orser, Southview United Methodist Church, who offered the invocation. The Pledge of Allegiance to the flag was given in unison. IN RE: APPROVAL OF MINUTES On the motion of Supervisor Johnson and the unanimous voice vote of the Board, the minutes of the regular meeting of April 12, 1977, were approved as sprecd. I IN RE: RENEWAL APPLICATION OF DANNY A. CONNER FOR A SPECIAL EXCEP- * TION TO PARK A MOBILE HOME ON A 3.6-ACRE TRACT LOCATED ON * THE SOUTH SIDE OF STATE ROUTE 622 (BRADSHAW ROAD), APPROXI- * MATELY 2.4 MILES WEST OF STATE ROUTE 699 * APPROVED Supervisor Johnson moved that the renewal application of Danny A. Conner be approved effective April 8, 1977, subject to the provisions of the County ZoninE Ordinance as it pertains to mobile homes. The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Hr. Tompkins, Mr. Myers NAYS: None Mr. Conner was present at the hearing. There was no opposition. IN RE: APPLICATION OF CHARLES M. BURRIS, SR. FOR A SPECIAL EXCEP- * TION TO PARK A MOBILE HOME ON A 1.3-ACRE TRACT LOCATED ON * THE SOUTH SIDE OF ABANDONED SECTION OF OLD U.S. ROUTE 11- * 460, 0.2 MILE WEST OF STATE ROUTE 821, KUMIS AREA * APPROVED I Supervisor Tompkins moved that the application of Charles M. Burris, Sr. be approved subject to the provisions of the County Zoning Ordinance as it pertain~ to mobile homes. The motion was adopted by the following recorded vote: AYES: NAYS: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None Mr. Burris was present at the hearing. There was no opposition. 4-26-77 15 IN RE: PETITION OF DR. J. MICHAEL BECKER FOR REZONING FROM * R-l TO B-1 OF NEW LOT D AND THE NORTH ONE-HALF POR- * TIONS OF LOTS 1, 2, 3, AND 7, GROVELAWN SUBDIVISION, * SAID SUBDIVISION LOCATED GENERALLY ON THE NORTH SIDE * OF COLONIAL AVENUE AND BETWEEN ROUTE 419 AND MANAS- * SAS DRIVE SO THAT PROFESSIONAL OFFICES MAY BE BUILT * AND OPERATED THEREON * DENIED I Mr. Charles H. Osterhoudt, Attorney, appeared on behalf of the petitioner No one appeared in opposition to the request, although Mr. Osterhoudt advised that there had been opposition present at the Planning Commission hearing due to concern of storm water runoff. He noted that property on both sides of the land in questio was already zoned B-1 and felt that this zoning classification was also appropriate for this property. Mr. Osterhoudt explained that retention ponds are proposed as a means of controlling storm water runoff. Supervisor Johnson also noted that the proposed rezoning does not agree with the Long Range Land Use Plan and the Interim Land Use Plan which proposes that the land along Manassas Drive should remain R-l zoning. This concluded the public hearing, and Supervisor Johnson moved that the Board concur with the recommendation of the Planning Commission and deny the re- quest for rezoning. I The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers NAYS: None IN RE: REZONING OF APPROXIMATELY 0.2 ACRE OF LAND LOCATED * ON NORTH SIDE OF WALROND DRIVE APPROXIMATELY 150 * FEET FROM THE INTERSECTION WITH PLANTATION ROAD, IN * ROANOKE COUNTY, VIRGINIA, BELONGING TO ATKISSON * ENTERPRISES, LTD. * FINAL ORDER NOW, THEREFORE, BE IT RESOLVED AND ORDERED that at this meeting of the Board of Supervisors of Roanoke County, Virginia, held on the 26th day of April, 1977, the said County Zoning Ordinance be, and the same is, hereby amended so as to classify the following described property as Business B-3 property: I BEGINNING at a point on the North side of Walrond Drive corner to Lot 9, Section 1, Walrond Court; thence with the division line between Lots 9 and 10 and Lots 1 and 2 of said subdivision, North 190 00' West, 161.62 feet to a point; thence North 610 22' 20" East, 60 feet, more or less, to a point; thence with a new division line through the property of Atkisson Enterprises, Ltd., South 190 00' East, 143 feet, more or less, to a point on the North side of Walrond Drive; thence with the North side of Walrond Drive, South 450 10' West, 72 feet, more or less, to the point of BEGIN- NING, and being the extreme eastern 60 feet of the property of Atkisson Enterprises, Ltd. BE IT FURTHER RESOLVED AND ORDERED that the Clerk of this Board shall forthwith certify a copy of this resolution and order to the Secretary of the Planning Commission of Roanoke County, Virginia, and a copy to the petitioner. 4-26-77 --16 The foregoing resolution was adopted on motion of Supervisor R. Wayne Compton and on the recorded vote the Supervisors voted as follows, to-wit: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers NAYS: None IN RE: REQUEST OF T. R. LESLIE, ET UX FOR THE ISSUANCE OF A * "USE NOT PROVIDED FOR" PERMIT TO INSTALL AND OPERATE * SELF-SERVICE GASOLINE PUMPS ON A PORTION OF AN UNDEVE- * LOPED 1.334 ACRES TRACT OF LAND KNOWN AS LOT 3, SITU- * ATE ON THE WEST SIDE OF OGDEN ROAD, VA. RT. NO. 867, * ZONED B- 2 * I FINAL ORDER THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that T. R. Leslie, et ux, be and they ne hereby granted a "Use Not Provided For" permit pursuant to the provisions of Section 10-1-6 of the Roanoke County Zoning Ordinance to allow the installation and operation of self-service gasoline pumps on the herein described property. The foregoing Order was adopted on motion of Supervisor Johnson and the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers NAYS: None I IN RE: REQUEST FOR EXEMPTIONS OF COUNTY VEHICLE DECAL FEES FOR CERTAIN DISABLED VETERANS Mr. Roy E. Spicer, National Service Officer Supervisor, Disabled Americar Veterans, appeared before the Board regarding exemption of County vehicle decal fees for certain disabled veterans. Mr. Spicer expressed the opinion that the County is in violation of the State Code by not exempting these veterans from the fee. Supervisor Dodson moved that the matter be referred to the County Attor- ney for investigation and study and report back to the Board at its next regular meeting for its consideration. The motion was adopted by the following recorded vote: NAYS: None I AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers IN RE: TAX RATE Mr. Ralph W. Hart, President, County Council of P.T.A. 's appeared before the Board and advised that the P.T.A. units had unanimously adopted a resolution supporting the proposed County School budget for the upcoming fiscal year. Mr. Hart then introduced Mrs. Gerard B. Bijwarrd, President-Elect. Mrs. Bijwarrd 4-26-77 17 I advised that the Council had recently conducted a survey regarding the School budge , and the area Vice Presidents were present at the meeting and reported to the Super- visors the responses received in each district, including the City of Salem. Mrs. Bijwarrd advised that to date the total overall response is as follows: out of the 4,670 citizens who responded, 88.6% were in favor of the current School budget as proposed; 10.4% were against; and 1% were undecided. A full copy of the survey is filed with the minutes of this meeting. Board Chairman Myers asked those present if they had taken into consider- ation the fact that cuts could be made in other areas of the School budget, without cutting the institutional areas. He further reminded those present that the County had lost students as a result of the recent annexation decision, yet there have bee no cuts in School Adminstration. Supervisor Tompkins advised that the Board cannot establish School policy Although the Supervisors can make cuts by categories, they choose not to do so, therefore, the decision on what programs to cut and what programs will remain is left up to the discretion of the School Board. He further advised that the respons~s he has received are not in favor of a tax increase. I IN RE: PROCLAMATION Board Chairman Myers read a proclamation declaring the week of May 22 - 28, 1977 as "Virginia Rescue Heek." On motion of Supervisor Compton and the unanimous voice vote of the Board, the proclamation was adopted. NATIONAL SECRETARY'S HEEK Vice-Chairman Compton noted that the week of April 25, 1977 is "National Secretary's Heek." In observance of this week, Mr. Compton presented to the IN RE: Board's secretary, on behalf of the Supervisors, Bone China Roses. I IN RE: VIRGINIA LAH DAY Board Chairman Myers announced that "Virginia Law Day" will be observed May 1, 1977. SCHOOL BOARD APPOINTMENT In accordance with Resolution No. 1708 adopted by the Board of County Supervisors on January 25, 1977, the County Executive, in a report to the Board, IN RE: gave public notice that the term of Mr. Thomas S. Horrell, Cave Spring District 4-26-77 '18 representative on the County School Board, will expire on June 30, 1977. A full copy of the report is filed with the minutes of this meeting. IN RE: CERTIFICATION OF COUNTY JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT SERVICE UNIT The report submitted by the County Executive regarding a certification I inspection performed by representatives of the State Board of Corrections of the operations of the County Juvenile and Domestic Relations District Court Service Unit was for information of the Supervisors and is filed with the minutes of this meeting. IN RE: DEPARTMENTAL ACTIVITIES REPORTS - MARCH, 1977 The departmental activities reports for the month of March, 1977, sub- mitted by the County Executive, were for information of the Supervisors and are filed with the minutes of this meeting. IN RE: RESOLUTION NO. 1751 AUTHORIZING AND DIRECTING THE ACQUISITION OF A PARCEL OF REAL ESTATE WHEREAS, the Board of County Supervisors of Roanoke County has heretofore I determined the necessity for the acquisition of additional park land in the Masons Cove area of Roanoke County; and WHEREAS, the Board has heretofore offered to purchase a parcel of land containing 10 acres situate in said portion of the County, which offer has been accepted by the property owner; and HHEREAS, the Board is of opinion that the purchase of said parcel for the sum hereinafter set out is in the best interest of the County and further desires to authorize the acquisition thereof. NOH, THEREFORE, BE IT RSOLVED by the Board of County Supervisors of Roanoke County that said Board hereby authorizes and directs the acquisition of a parcel of land containing 10 acres situate on State Secondary Route 912 in the Thelma C. Raykes; the consideration to be paid by the County to be the sum of I Bennett Springs area of Roanoke County, said parcel being owned by Thomas J. and $19,000.00. BE IT FURTHER RESOLVED that said Board hereby respectfully requests the Circuit Court of Roanoke County to appoint a discreet and competent attorney at la~ to examine title to said parcel of land and to certify to the Court the title thereto. 4-26-77 :19 BE IT FURTHER RESOLVED that upon said certification, the County Executive be, and he is hereby authorized and directed to accept the deed for said property in the name of the County and to record the same in the Clerk's Office of the Circu t Court of Roanoke County. I On motion of Supervisor Tompkins and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers NAYS: None IN RE: AMENDMENT TO GENERAL APPROPRIATION RESOLUTION NO. 1752 On motion made by Supervisor Tompkins, the General Appropriation Resolu- tion of Roanoke County, Virginia, adopted June 8, 1976, be, and the same is hereby, amended as follows to become effective April 26, 1977: INCREASE (DECREASE) DESCRIPTION ACCOUNT NUMBER Class: Fund: Department: Object: Expenditures Parks and Playground Bond Construction Parks and Recreation Acquisition of Parkland~Masons Cove Area 6-45000-600B $ 19,000 I Depar tmen t : Obj ect: Parks and Recreation Purchase of Land (General) 6-45000-600 (19,000) Adopted by the following, recorded vote: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers NAYS: None IN RE: RESOLUTION NO. 1753 APPROVING AND ACCEPTING AN OFFER FOR CONSULTING ENGINEERS WHEREAS, the Board of County Supervisors of Roanoke County has employed the consulting engineering firm of Langley, McDonald, and Overman in such matters as annexation and water studies and the same consultants have assisted the County Public Service Authority in all of their many efforts; and WHEREAS, the Board of County Supervisors of Roanoke County has been advised that Mr. William C. Overman of the firm is withdrawing to form a new I engineering firm and is desirous of continuing to serve the County in whatever way possible and will assume all contractual obligations which the County now has with Langley, McDonald, and Overman effective April 25, 1977. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County accepts and approves the offer of Mr. William C. Overman of William C. Overman Associates to continue to serve the County in the capacity of consulting engineers. 4-26-77 20 BE IT FURTHER RESOLVED that the County Executive be and he is hereby authorized and directed to advise Mr. Overman of the acceptance and approval of his offer. BE IT FINALLY RESOLVED that said Board authorizes the transfer of all files involving Roanoke County matters from the firm of Langley, McDonald and I Overman to the firm of William C. Overman Associates. On motion of Supervisor Johnson and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Hr. Myers NAYS: None IN RE: REFERRALS TO PLANNING COMMISSION In a report to the Board, the County Executive advised that the followin~ petition was referred to the County Planning Commission since the previous Super- visors' meeting: Petition of Jackie o. and Carol S. Martin for rezoning from M-2 to RE of a 1.35-acre tract of land located on the south side of Route 639, approximately 0.8 mile east of Route 649 so that a dwelling may be built thereon. I IN RE: GLENVAR LIBRARY At the request of Chairman Myers, the County Executive gave a status report on the West County library. IN RE: RESOLUTION NO. 1754 ESTABLISHING CERTAIN REQUIREMENTS IN REGARD TO BINGO PERMITS WHEREAS, the Code of Virginia provides the basis for certain organiza- tions to conduct bingo games within the County of Roanoke; and WHEREAS, the Board has heretofore adopted an Ordinacne permitting such games under certain terms and conditions; and l~EREAS, the Board desires to establish certain policies, hereinafter NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of I set out, regarding the filing of an application for a bingo permit. Roanoke County that said Board hereby adopts as policy, in addition to the require- ments contained in Section 4-14 of the County Code, as amended, the following: A. Each application for a bingo permit shall have attached to it a copy of the lease, if any, for the premises where the organization will conduct such game. 4-26-77 21 B. If the organization is required to file an accounting with the Commissioner of Accounts, a copy thereof shall be attached to the application. C. A certified statement shall be attached to the application giving evidence that the organization has met for two years in Roanoke County and has its I business office in Roanoke County. On motion of Supervisor Compton and adopted by the follwoing recorded vote: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers NAYS: None IN RE: FINANCIAL STATEMENT - MARCH, 1977 The computer print-out of the previous month's expenditures was for information of the Supervisors and is on file in the Office of the Director of Finance. IN RE: RESOLUTION NO. 1755 ACCEPTING A PROPOSAL FOR ROANOKE COUNTY'S AUDIT FOR THE FISCAL YEAR ENDING JUNE 30, 1977, FOR THREE YEARS I WHEREAS, Administration has received proposals for the County of Roanoke' audit for a three-year period, beginning with the fiscal year ending June 30, 1977; and WHEREAS, it is recommended by the County Executive and the Director of Finance of Roanoke County that the proposal of Daniel A. Robinson and Associates be accepted in accordance with the request for proposal and with the understanding tha adjustments to fees will be negotiated if the Auditor of Public Accounts subs tan- tially modifies the existing specifications for County audits; and lVHEREAS, the responsibility for the preparation of the financial state- ments in conformance with criteria of the Municipal Finance Officers Association will only include financial data from the regular audit with any additional statis- tical data and scheduled prepared by County staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of I Roanoke County that said Board hereby accepts the proposal of Daniel A. Robinson and Associates for the County of Roanoke's audit for a three-year period, beginning with the fiscal year ending June 30, 1977; the County Executive is hereby authorize~ and directed to notify said company of our acceptance; the fees for each of the three years to be: June 30, 1977 $15,000 June 30, 1978 $16,500 June 30, 1979 $18,000 4-26-77 22 On motion of Supervisor Dodson and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers NAYS: None IN RE: RESOLUTION NO. 1756 DESIGNATING THE COUNTY ENGINEER AS ROAD VIEWER FOR THE PROPOSED ESTABLISHMENT OF A NEW ROAD I On application of the below naned petitioners: (1) William D. Amos, et ux, et al - Request for new road extending from RoutE 888 (Raintree Road) approximately 0.25 miles northwest, 50 foot right-of way (2) William D. Amos, et ux, et al - Request for new road extending Route 888 (Raintree Road) approximately 0.12 mile southwest - 30 foot and 50 foot right-of-way (3) Emmitt L. Meeks, et ux, et al - Request for a new road extending from Route 618 approximately 1.45 miles southeast of Route 658 in a southerly direction 0.25 mile - 40 foot right-of-way (4) Dewey A. Harmon, et ux, et al - Request for a new road extending Route 827 0.2 mile - 40 foot right-of-way (5) Joseph W. Graham, et ux, et al - Request for a new road extending from the end of Route 603 (Montgomery County) approximately 0~45 mile south- east - 40 foot right-of-way (6) John E. Jenkins, et ux, et al - Request for a new road from Route 220 approximately 0.10 mile south of Route 657 extending in an easterly direction approximately 0.15 mile - 40 foot right-of-way I who have filed a request for inclusion in the Secondary Highway System of Roanoke County. This Board of County Supervisors orders that A. A. Guepe, County Enginee , view the grounds and report to this Board the convenience and inconvenience that will result to individuals as we-l as the public if such road shall be opened to the public and especially whether any yard, garden, orchard, or any part the~eof will in such cases have to be taken and that no road or landings shall be esta- blished on or through the lands of any cemetery or through the lands of any semi- nary of learning without the consent of the owners thereof; and the said County Engineer shall also ascertain and report to this Board whether the said road will be of such mere private convenience as to make it proper that said road should be I kept open and kept in order by the person or persons for whose convenience they arE desired. He shall also assess and report what damages, if any, the landowners are entitled to and accompany his report with a plat or diagram of said roads. And it further ordered that the Clerk of this Board be, and hereby is, directed to notify the State Highway Commissioner of Virginia as to these road proceedings. Notification may be given to the Resident Engineer of the Department of Highways and Transportation of Virginia having supervis~on of maintenance and construction of highways in Roanoke County. 4-26-77 2.3 And these road proceedings are continued. On motion of Supervisor Johnson and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers I NAYS: None IN RE: HIGHWAY DEPARTMENT - STREETS IN WOODLANDS SUBDIVISION Supervisor Johnson moved that the Virginia Department of Highways be re- quested to accept the following streets in The Woodlands Subdivision, Section 2, into the State Secondary System of Highways in Roanoke County: Cross timbers Trail from Deerwood Road to Cedar Road, a distance of 0.04 mile Crosstimbers Trail from Cedar Crest Road to 0.18 mile east of Cedar Crest Road, a distance of 0.18 mile The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers NAYS: None I IN RE: HIGHWAY DEPARTMENT - WOODBRIDGE SUBDIVISION The County Engineer requested the Board's permission to bring up an item not included on the agenda regarding a street in Woodbridge Subdivision. 1ne Supervisors concurred with the request. Supervisor Johnson moved that the Virginia Department of Highways be re- quested to accept the following street in Woodbridge, Section 2, into the State Secondary System of Highways in Roanoke County: Millwood Drive from the WCL City of Salem to 0.11 mile west, a distance of 0.11 mile The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers NAYS: None I IN RE: RESOLUTION NO. 1757 WAIVING THE REQUIREMENTS OF THE ROANOKE COUNTY WATER ORDINANCE IN REGARD TO CERTAIN PROPERTY WHEREAS, certain property owners have approaahed the Board of County Supervisors of Roanoke County and requested that the water ordinance heretofore adopted by said Board be waived in certain respects in order to provide that water service to said properties may be provided by means other than Roanoke County; and 4-26-77 24 WHEREAS, the Board is of opinion that in these particular instances, be- cause of the hardships created, that certain provisions of the water ordinance should be waived. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that said Board hereby waives the requirements of the Roanoke I County Water Ordinance contained in Section 20.1-5 of the Roanoke County Code in regard to the following described property owners that strict compliance with the provisions of the above section of the water ordinance would impose an undue hard- ship and burden upon said property owners: Boone Builders 3922 Electric Road 1 commercial connection only BE IT FURTHER RESOLVED that this Board shall authorize no further waiver unless and until it has been demonstrated to said Board that the failure to grant such waiver would create an undue hardship upon the property owners. On motion of Supervisor Dodson and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, ~1rs. Johnson, Mr. Tompkins, Mr. Myers NAYS: None I IN RE: BIDS - PROJECT 77-2-W - TRANSMISSION EXTENSION MAIN ALONG ROUTE 419 Supervisor Dodson moved that the Board concur with the recommendation of the Public Service Authority and reject all bids received for Project 77-2-W, Transmission Extension Main along Route 419, and that said project be redesigned and readvertised. The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers NAYS: None IN RE: NOTICE OF INTENTION TO AJ1END SECTION 19.8 OF THE ROANOKE COUNTY CODE TO PROVIDE FOR TAX RELIEF FOR CERTAIN DISABLED PERSONS BE IT RESOLVED by the Board of County Supervisors of Roanoke County that I a public hearing on May 24, 1977, at 7:00 p.m. at the Salem Roanoke County Civic Center at a regular meeting of said Board, at which time it will bemoved that the Roanoke County Code be amended by the adoption of the following amended section: Section 19.8. Exemption of real property tax on property of certain elderly or disabled persons. (a) Generally. The Commissioner of Revenue shall, upon application mad~ and within limits as hereinafter provided, order exemption of tax on real property owned and occupied as the sole dwelling house of a person or persons not less than 65 years of age or of a person or persons determined to be permanently and totally disabled as hereinafter set out, upon the terms and conditions hereinafter set out 4-26-77 25 I I I The owner or owners claiming such exemption shall file annually with the commissioner of revenue an affidavit setting out an identification of the taxable real estate, the names of the persons occupying such real estate, that the total combined income of the owners and relatives living in the dwelling on such property for the preceding calendar year did not exceed ten thousand dollars, and that the total combined net worth of such owners and relatives as of the thirty-first day of December of the immediately preceding calendar year did not exceed thirty-five thousand dollars. Such affidavit shall be f-led not later than the 1st day of May of each year. Any false statement made in connection with the filing of an appli- cation under this section shall constitute a misdemeanor, punishable by fine not exceeding one hundred dollars. The commissioner of revenue shall make furtherinquiry of persons seeking such exemption as may be reasonably necessary in determining the qualifications therefor. Such further inquiries shall be answered under oath. No person or per- sons receiving public assistance, other than medical assistance of any form, shall be eligible for the within provided exemption. All information received by the commissioner of revenue in connection with any application for such exemption shall be deemed to be confidential and shall not be revealed other than in the official administration of this section. A persons shall be determined to be permanently and totally disabled if he is so certified by the Social Security Administration, or if such person is not eligible for Social Security, a sworn affidavit by two medical doctors licensed to practice medicine in the Commonwealth, to the effect that such person is permanent y and totally disabled and is further found by the commissioner of revenue to be un- able to engage in any substantial gainful activity by reason of any medically de- terminable physical or mental impairment or deformith which can be expected to result in death or can be expected to last for the duration of such person's life. For the year 1977, the applications for tax relief for the disabled shal be received until September 1, 1977 and, if eligible, the relief granted shall be credited to the second half of the 1977 real estate tax payment. Subsections (b) and (c) shall remain in full force and effect as pre- viously adopted. This amendment to take effect on May 24, 1977. The Clerk of this Board is directed to publish the proposed amendment and notice of hearing thereon as required by law, pursuant to Section 15.1-504 of the Code of Virginia, 1950, as amended, once a week for two consecutive weeks, in the Roanoke Times-World News, a newspaper having a general circulation in Roanoke County. Said proposed amendment and notice of hearing thereon shall be published and posted at the front door of the Roanoke County Courthouse. A copy of the proposed amendment is on file in the Clerk's Office of the Circuit Court of Roanoke County and at the County Executive's Office at 302 East Main Street in Salem, Virginia. On motion of Supervisor Myers and adopted by the following recorded vote: AYES: Hr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers, Mr. Compton NAYS: None IN RE: APPOINTMENT - AIR POLLUTION ADVISORY AND APPEALS BOARD Supervisor Dodson moved that be appointed to fill the unexpired term of Mr. Philip Clore, Jr. on the Roanoke County Air Pollution Advisory and Appeals Board, which term expires on September 24, 1978. 4-26-77 26. The motion was adopted by the unanimous voice vote of the Board. IN RE: DRAINAGE - RETENTION PONDS Mr. Frank Caldwell, Engineer, appeared before the Board and expressed concern over the increased frequency with which developers seem to be proposing re tention basins as a means of handling storm water from developments and the possib e future problems that this would cause the County and its citizens. I IN RE: TAX RATE Mr. Bob Johnson, resident of the Town of Vinton, and Mrs. Jean Glontz, appeared before the Board in support of Lull funding of the proposed School Budget BINGO PERMIT - STAR CITY CLASSIC T-BIRD, LTD. Mr. David Lisk appeared before the Board regarding the application of Stcr City Classic T-Bird, Ltd., which organization had been granted a bingo permit on IN RE: April 12, 1977, which permit had been revoked by the County Attorney due to a mis- understanding whereby the organization stopped payment on the check deposited with the County for the application fee. Mr. Lisk advised that the organization had resubmitted an application and a check for the fee. Supervisor Compton moved that the organization be required to comply witl Resolution No. 1754, previously adopted by the Board earler in the meeting, settin! out a procedure that must be followed by all applicants. The motion was adopted by the following recorded vote: I AYES: NAYS: Hr. Compton, Hr. Dodson, Hrs. Johnson, Mr. Tompkins, Mr. Myers None At 9:10 p.m., on motion of Supervisor Tompkins and the following recorde( vote, the Board went into Executive Session to discuss pending litigation. AYES~ Hr. Compton, Mr. Dodson, Mrs. Johnson, Hr. Tompkins, Mr. Myers HAYS: Hone At 9:50 p.m., on the motion of Supervisor Tompkins and the unanimous voice vote of the members, the Board reconvened in open session. I This concluded the business before the Board at this time, and on the motion of Supervisor Johnson and the unanimous voice vote of the members, the meeting was adjourned at 9:51 p.m. CHAIRMAN