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12/9/1980 - Regular ~ 12-9-80 "-' \. t. i...,' .. . .. - Board of County Supervisors Salem-Roanoke County Civic Center Salem, Virginia December 9, 1980 I 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 December. Members Present: Chairman Lawrence E. Terry, Vice Chairman Edward C. Park, Jr. and Supervisors May W. Johnson, Robert E. Myers and T. M. White IN RE: CALL TO ORDER Chairman Terry called the meeting to order at 6:00 p.m. IN RE: EXECUTIVE SESSION On motion of Supervisor Johnson and a unanimous voice vote, the I Board immediately went into Executive session to discuss personnel and legal matters. IN RE: CALL TO ORDER Chairman Terry again called the meeting to order at 7:00 p.m. IN RE: INVOCATION Invocation was offered by Reverend Howard Torrence, Evangelical Methodist Church, 501 Colorado Street, Salem, Virginia and the Pledge of Allegiance to the Flag was recited in unison. IN RE: APPROVAL OF MINUTES I The minutes of the meeting of November 24th were approved as submitted on motion of Supervisor Johnson and a unanimous voice vote. The following resolutions congratulating the William Byrd High School Girls' Basketball team and the Northside High School Football team were read aloud to those present by County Attorney James Buchholtz. ~ 12-9-80 ~~; '~,f f ,,~~ ~ t IN RE: RESOLUTION NO. 2733 CONGRATULATING THE WILLIAM BYRD HIGH SCHOOL GIRLS' BASKETBALL TEAM ON ITS RECENT CHAMPIONSHIP VICTORY. WHEREAS, the William Byrd High School "Lady Terriers" girl's basketball team, under the direction of Coach Patsy Simmons, was awarded the 1979 State Sportmanship Award; and WHEREAS, the 1980 William Byrd High School "Lady Terriers" won the Virginia High School League AA State Girl's Basketball Championship and was undefeated throughout the regular ]980 season and throughout the championship play-offs; and WHEREAS, William Byrd High School did serve as the -host school for the . State A and AA Play-offs for girl's basketball, bringing recognition and State-wide exposure to the quality of educational and athletic programs in Roanoke County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County does hereby express its most sincere congratulations to the William Byrd High School "Lady Terriers" girl's basketball team and does most sincerel appreciate the exemplary fashion by which both the coach and players of the 1980 "Lady Terriers" have brought recognition to the Roanoke County School Division and its athletic program. Adopted on motion of Supervisor Park and the following recorded vote: AYES: Supervisors Myers, Park, White, Terry and Johnson NAYS: None IN RE: RESOLUTION NO. 2734 CONGRATULATING THE NORTHSIDE HIGH SCHOOL FOOTBALL TEAM ON A MOST SUCCESSFUL AND EXCELLENT ]980 SEASON. WHEREAS, the Northside High School Football Team under the direction of Head Coach, James V. Hickam, and his excellent staff elected to compete in the Virginia High School League AAA Division for 1980 even though Northside High School has a student population of less than one thousand students which would qualify it to participate in AA competition; and WHEREAS, the 1980 Northside High School Football Team met the challenge of substantially greater odds by consistently, throughout the 1980 football season, facing and defeating teams with significantly more persons from which to choose a team; and WHEREAS, the :1..980 Northside "Vikings" led, principally by one of the finest defensive units ever assembled in Virginia high school football, achiev ~ I I I -., 12-9-80 J ":; -:. 1 . - - . the co-championship of the Roanoke Valley District and, thereafter, won the championship of the Northwest AAA Region by defeating George Washington High School of Danville, Virginia, then rated the number one AAA High School team I in the State of Virginia and completed its season as one of the top four AAA High School teams in the State of Virginia. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County does hereby extend its most sincere congratulations to the Northside High School "Vikings" 1980 Football Team for bringing to the Roanoke Valley the 1980 Northwest Regional AAA Football Championship, and does most sincerely appreciate the exemplary fashion in which both the coaches and players of the 1980 Northside High School "Vikings" set an example for all of the citizens of Roanoke County by consistently meeting and conquering the challenge of greater odds through teamwork, hard work and dedication to excellence. Adopted on motion of Supervisor White and the following recorded vote: AYES: Supervisors Myers, Park, White, Terry and Johnson NAYS: None I IN RE: PUBLIC HEARINGS REQUEST OF RONNIE LOUIS FRITZ FOR A PERMIT TO PLACE A * MOBILE HOME ON A S.O-ACRE TRACT LOCATED ON THE NORTH * APPROVED SIDE OF STATE ROUTE 311 AT IT'S INTERSECTION WITH * STATE ROUTE 78S IN THE CATAWBA MAGISTERIAL DISTRICT. * No one appeared to support or oppose this request. On motion of Supervisor Myers and the following recorded vote, the request was approved. AYES: Supervisors Myers, Park, White, Terry and Johnson NAYS: None IN RE: REQUEST OF ROGER D. ROBERTS TO RENEW A PERMIT TO PLACE A * MOBILE HOME TO BE OCCUPIED BY DONALD HANCOCK ON A S.O-ACRE* TRACT LOCATED AT THE END OF STATE MAINTENANCE OF STATE * ROUTE 9Sl * I Due to Mr. Roberts' late arrival, this matter was continued until further in the meeting, by motion qf Supervisor Myers and a unanimous voice vote. ~ r I I 12-9-80 IN RE: REQUEST OF W. HOOVER AND EVELYN S. WELLS TO REZONE FROM * RESIDENTIAL DISTRICT RE TO BUSINESS DISTRICT B-2 A PARCEL * OF LAND CONTAINING 0.734 ACRES AND LOCATED AT THE EASTERLY * CORNER, INTERSECTION OF VIRGINIA SECONDARY ROUTE 605, * DENIED SHADWELL DRIVE, N. E., AND BEING LOT 3 OF PRELIMINARY SUB- * DIVISION PLAT, IN THE HOLLINS MAGISTERIAL DISTRICT. * Charles B. Phillips, Attorney, was present to represent Mr. and I Mrs. Wells. Approximately 10 citizens were present in opposition. Mr. Phillips stated that his client requests this rezoning in order to sell the property to a proposed buyer, Aubrey A. Lester, Jr., in order that a conven- ience market (Quickette) may be constructed thereon. Tim Gubala, County Planner, stated there were approximately 22 citizens present at the Planning Commission meeting who were in opposition to this request. He further stated they were concerned because of the additional traffic that would be generated from this type of business. Mr. H. A. Grubb stated he opposes this rezoning since his property adjoins the property in question because he felt there would be problems with trash, night-lighting and vandalism. Mr. Greg Howard objects to this request because he feels children I would be walking along the road and creating a dangerous situation. He also informed the Board that a convenience store is located approximately 2 miles from this site and another store is not needed in that area. Mr. Joseph Walters informed those present of an intersection nearby and feels the extra traffic would present additional problems for the inter- section. After some discussion, Supervisor White moved to deny this request; adopted by the following recorded vote. AYES: Supervisors Myers, Park, White, Terry and Johnson NAYS: None IN RE: REQUEST OF STOP-IN FOOD STORES, INC. FOR A REZONING FROM BUSINESS DISTRICT B-1 TO BUSINESS DISTRICT B-2 OF A PARCEL OF LAND CONTAINING .20-ACRE, WILLOW DELL, CORNER OF PENN FOREST BOULEVARD AND STARKEY ROAD, IN THE CAVE SPRING MAGISTERIAL DISTRICT. * * * APPROVE * * I Mr. Ron Hare, Vice President of Stop-In Food Stores, was present to support this request. No one appeared in opposition. The purpose of this rezoning is to install additional gasoline storage and one additional gasoline pump. ~ 12-9-80 1 ...~- ,., ~: -:, :t . . . WHEREAS, after full consideration, the Board of County Supervisors is of the opinion that the request should be approved. NOW, THEREFORE BE IT ORDERED that the aforementioned tract of land, I more particularly described below, be rezoned from Office and Residential District B-1 to Business District B-2. BEGINNING at an iron pipe on the westerly side of Franklin Turnpike (being Virginia State. Highway, Route.#119, 50 feet wide), said beginning point being 25 feet southerly from the center line of Floyd Road (Virginia State Secondary Road, Route #687); thence leaving the above described beginning point and along the westerly side of Virginia State Highway Route #119 (known as the Franklin Turnpike); thence S. 30 51' W. 69.6 feet to an iron pin; thence leaving said highway and with a new division line through and across the property of H. R. Brugh, N. 890 21' W. 211 feet to a point on the southerly side of the aforesaid State Secondary Road, Route #687; thence along the southerly side of said road, N. 550 10' E. 102.5 feet to an iron pin; N. 860 17' 30" 131.8 feet (formerly N. 860 23' E. 131.7 feet) to the place of BEGINNING; and BEING Lot 1, Map of Willow Dell, of record in P. B. 3, page 33, Clerk's Office, Circuit Court, Roanoke County, Virginia, and shown on plat by C. B. Malcolm & Son, S.C.E., dated June 30, 1970, and to which plat reference is hereby made; and I BEING the same property conveyed to Fred J. Maxwell and Hazel Maxwell, husband and wife, to Wayne L. Gibson and Brintha C. Gibson, husband and wife, with the right of survivorship, and Acree R. Patterson and Ruth C. Patterson, husband and wife, with the right of survivorship, by deed dated June 29, 1970, recorded in Deed Book 898, page 589, in the aforementioned Clerk's Office. Adopted by motion of Supervisor Johnson and the following recorded vote. AYES: Supervisors Myers, Park, White, Terry and Johnson NAYS: None IN RE: REQUEST OF BENT .MOUNTAIN AMUSEHENT PARK, INC. FOR A "USE * NOT PROVIDED FOR" PERMIT UNDER SECTION 21-7 OF THE * ROANOKE COUNTY CODE TO HOLD A STRING BAND COMPETITION * ON PROPERTY OF PAUL D. HOLLYFIELD LOCATED ON BENT MOUNTAIN * APPROVE D ON THE WEST SIDE OF ROUTE 221 AND ON THE EAST SIDE OF * ROUTE 889 AND CONTAINING l30.7l-ACRES IN THE WINDSOR * HILLS MAGISTERIAL DISTRICT. * I Julia Graves appeared to support this request and no one appeared in opposition. On motion of Supervisor Johnson and the following recorded vote, the request was approved with the conditions as listed. ".. 12-9-80 " ~ " " 1 "" . . . . " . . . .. .. . FINAL ORDER NOW, THEREFORE, BE IT ORDERED that a "Use Not Provided For" permit to allow Bent Mountain Amusement Park, Inc. to hold a String Band Competition on May 15, 16, and 17, 1981 be granted subject to the following conditions: CONDITIONS: (a) The "use not provided for" granted herein shall remain in force and effect for one three-day weekend event to be conducted between May 15 and May 17, 1981. (b) On the weekend of the event, the hours of operation will be from 6:00 to 12:00 midnight on Friday, 12:00 noon to 12:00 midnight on Saturday and from 12:00 noon to 6:00 p.m. on Sunday. (c) That police protection for the event be provided for at the expense of the petitioners by following the recomm- endations of and in close cooperation with the Sheriff of Roanoke County. (d) Petitioners will provide one (1) privy for each 100 persons present at the event, one sewage dump station to serve campers, (trailers), adequate dumpsters and trash containers to contain trash pending removal and an approved water supply. (e) The property shall be used in accordance with the plat submitted by the petitioner. (f) A woven wire fence at least 54 inches in height with at least two strands of barbed wire will surround the spectator area and four gates shall be installed for the entrance. (g) A sign shall be posted at the entrance gate depicting restrictions specified by the Sheriff of Roanoke County. (h) Additional lighting will be added to the spectator area to ensure that the grounds are sufficiently lighted. (i) White signs with black lettering shall be permanently displayed on the restrooms to enable spectators to know where they are located and permanent inside lighting shall be installed in the same restrooms. Adopted on motion of Supervisor Johnson and the following recorded vote. AYES: Supervisors Myers, Park, White, Terry and Johnson NAYS: None IN RE: HEARING FOR CONSIDERATION OF ORDINANCE Wayne Compton, Commissioner of Revenue, stated the desire to change I the payment date of personal property taxes from December 5th deadline to I I : May 31st of each year and also the purchase of motor vehicle decals for the same date. He informed the Board this would be in keeping with surrounding cities and counties. ~ . . " I I I I I I . -.., 12-9-80 ~:' i ,f . Fred Anderson, Treasurer, cited the problem of collecting these taxes from citizens who have moved from the County during the summer months, therefore, if the due date was May 31st it would be easier to collect these taxes before citizens move. ORDINANCE NO. 2735 AMENDING CHAPTER 10, MOTOR VEHICLES AND TRAFFIC AND CHAPTER 19, TAXATION, OF THE ROANOKE COUNTY CODE. BE IT ORDAINED by the Board of Supervisors of Roanoke County that the Roanoke County Code be amended as follows: 1. Chapter 10. Motor Vehicles and Traffic be and it hereby is amended by amending Section 10-42. License tax year to read and provide as follows: Section 10-42. License tax year. The license tax year shall commence on June 1 and expire on May 31 of each year. 2. For the motor vehicle license tax year 1980 motor vehicles licenses required to be purchased in Roanoke County shall not expire until May 31, 1981. 3. Chapter 19. Taxation be and it hereby is amended by amending Sections 19-5.1 and 19-5.2 to read and provide as follows: Section 19-5.1. When county taxes on tangible personal property are due and payable. County taxes on tangible personal property for each year shall be due from and after January 1 and payable on or before May 31 during the year for which the same are assessed. Section 19-5.2. Filing date for tangible personal property tax returns; penalty for failure to file. Returns for tangible personal property taxes shall be filed with the commissioner of revenue on or before February 1 of the year for which the tax is to be assessed. Any person who shall fail to file such return on or before February 1 of the year for which the tax is to be assessed shall, in addition to the tax to be paid, be assessed a penalty of ten percent of the tax due for such tangible personal property; provided, that should ten percent of the tax due be less than two dollars, a minimum payment of two dollars shall be assessed; provided further, that in no case shall the penalty payment exceed ten dollars. Adopted on motion of Supervisor Johnson and the following recorded vote. AYES: Supervisors Myers, Park, White, Terry and Johnson NAYS: None Mr. Compton further requested the Board to set the personal property tax rate for 1981 as soon as possible since tax notices' need to be mailed out to citizens in the early spring. r 12-9-80 IN RE: HEARING FOR CONSIDERATION OF ORDINANCE AMENDING COUNTY CODE RELATING TO TAX EXEMPTION FOR THE ELDERLY AND DISABLED PERSONS. James Buchholtzt County AttorneYt presented a prepared Ordinance for consideration as requested by the Board regarding the maximum income and net worth allowed for disabled persons and certain elderly citizens relating to the relief from the payment of property taxes. ORDINANCE NO. 2736 AMENDING SECTION 19.8 OF THE ROANOKE COUNTY CODE AS IT PERTAINS TO THE EXEMPTION OF REAL PROPERTY TAX ON PROPERTY OF CERTAIN ELDERLY OR DISABLED PERSONS. WHEREASt the Board of Supervisors of Roanoke County deems certain amendments to the Roanoke County Code to be necessary and in the best interests of the healtht safety and general welfare of the citizens of Roanoke County; and WHEREASt Virginia Code Section 58-760.1 regarding exemption of or deferral of taxes on property of certain elderly and handicapped persons has been recently amended by the Virginia General Assembly; and WHEREASt a notice of intention to amend the Roanoke County Code as proposed herein and the public hearing thereon having been advertised and posted in accordance with law. NOWt THEREFOREt BE IT ORDAINED by the Board of Supervisors of Roanoke County that Section 19.8 of the Roanoke County Code be amended to read as follows: (a) The County Commissioner of Revenue shallt upon application made and within the limits hereinafter providedt grant an exemption of the tax on real property occupied as the sole dwelling house of a person or persons holding title or partial title thereto and being not less than sixty-five years of age or determined to be totally and permanently disabled as hereinafter set out. A dwelling unit jointly owned by a husband and wife may qualify if either spouse is over sixty-five or is permanently and totally disabled. In addition to an exemption on real propertYt the County Commissioner of Revenue is hereby granted the authority to grant an exemption of property taxes on mobile homes which shall be deemed to be real estate if the owner's or owners' intention be that the mobile home be permanently affixed. This determination shall be made based upon the facts that (1) the owner or owners of the mobile home have some interest in whole or in part of the land upon which the mobile home is situated or in which the owner's spouset parent or child has such an interest and furthert that the mobile home is connected to permanent water and sewer lines or other facilities such as a well and septic system; or (2) regardless of the ownership of the land upon which the mobile home restst as defined in (l)t it rests on a permanent foundation and consists of two or more mobile units which are connected in such a manner that they cannot be towed together on a highway or consists of a mobile unit and other connected rooms or additions which must be removed before the mobile unit can be towed on a highway. The person or persons seeking an exemption shall file an application for exemption in affidavit form with the Commissioner of Revenue between February 1st and March 31st to be exempt for the current year. Such application shall set forth the combined income of the owners and their I I I 12-9-80 1 . . . . I relatives living in the dwelling on such property for the preceding calendar year. To be eligible for the exemption the owners and their relatives living in the dwelling shall not have a combined income which exceeds from all sources $15,000 per annum provided, however, that the first $4,000 of income of each relative, other than the spouse of the owner or owners, who is living in the dwelling shall not be included in such total. In addition, the owners and the spouse of any owner, shall not have a total combined net worth, including all equitable interests which exceeds $55,000 as of December 31 of the immediately preceding calendar year. The amount of net worth specified herein shall not include the value of the sole dwelling house and up to one acre of land. Any false statement made in connection with the filing of an application under this section shall constitute a misdemeanor punishable by a fine not to exceed $100. The County Commissioner of Revenue shall make such further inquiry of persons seeking an exemption as may be reasonably necessary to determine their qualifications therefor. All such further inquiries shall be answered under oath. All information received by the County Commissioner of Revenue in connection with any application for an exemption is deemed to be confidential and shall be used by County personnel only in the official adrninistration of this section. Individuals claiming an exemption because they have attained the age of sixty-five years shall be required to file an initial application and make affidavit thereof. This initial application will be valid for a period of three years and on intervening years, once the exemption is granted, these persons will be required only to make an annual certifi- cation, on forms to be supplied by the County Commissioner of Revenue, that the information on the last preceding affidavit filed has not changed so as to violate the limitations and conditions provided herein. I If such person applying for an exemption is under sixty-five years of age and claiming total or permanent disability, he or she shall be required to submit annually the required affidavit and, in addition, each annual affidavit shall have attached to it a certification by the Social Security Administration, the Veterans Administration, the Railroad Retirement Board or the Civil Service Commission which shall indicate that the applicant has been determined to be permanently and totally disabled such that he/she is unable to engage in any substantially gainful activities by reason of a medically determinable physical or mental impairment which can be expected to last for the duration of such person's life. If such person is not eligible for such certification by any of the above mentioned agencies, a sworn affidavit by two medical doctors licensed to practice medicine in the Commonwealth to the effect that such person is totally and permanently disabled is acceptable; so long as the affidavit of at least one doctor is based upon a physical examina- tion of such person by such doctor. I (b) Amount of Exemption for Elderly or Disabled Persons. The amount of exemption is that portion of the tax which represents the increase in tax liability since the year the taxpayer reached age sixty-five years or became disabled, or the year such ordinance became effective, whichever is later. The tax exemption for the elderly became effective for those who reached age sixty-five on or before December 31, 1974, in 1974. The tax exemption for those who became totally and permanently disabled on December 31, 1977, became effective for the 1977 tax year. (c) The Commissioner of the Revenue shall indicate on the land books of the County the amount of tax exemption granted pursuant to the provisions of this section. The Commissioner, with the approval of the Board of Supervisors, shall develop rules and regulations consistent with the provisions of this section as are determined necessary. ~ 12-9-80 :.-, /., .:> ,,; (d) Termination of Exemption. Changes in respect to income, financial worth, ownership of property or other factors occurring during the taxable year for which the affidavit or certification is filed; and having the effect of exceeding or violating the limitations and conditions provided herein, shall nullify any exemption for the then current taxable year and the taxable year immediately following provided, however, that a change in ownership to a spouse who is less than sixty- five years of age or who is not permanently and totally disabled which results solely from the death of his or her qualified spouse, shall result in a prorated exemption for the then current taxable year. Such prorated portion shall be determined by multiplying the amount of the exemption by a fraction wherein the number of complete months of the year such property was properly eligible for such exemption is the numerator and the number 12 is the denominator. I (e) This ordinance shall be construed to allow those personnel administering the program all authority granted to the County by Virginia Code Section 58-760.1. This amendment to take effect on December 9, 1980 Adopted on motion of Supervisor Johnson and the following recorded vote. AYES: Supervisors Myers, Park, White, Terry and Johnson NAYS: None IN RE: HEARING FOR CONSIDERATION OF ORDINANCE RELATING TO AUTHORITY TO SEEK IMMUNITY FROM ANNEXATION OF COUNTY TERRITORIES I A prepared resolution was submitted which authorizes the Supervisors to seek immunity from city-initiated annexation. ORDINANCE NO. 2737 AUTHORIZING THE FILING OF A PETITION WITH THE CIRCUIT COURT OF ROANOKE COUNTY FOR IMMUNITY FROM ANNEXATION. WHEREAS, the Virginia General Assembly has adopted Virginia Code Section 15.1-977.20, which authorizes the governing body, by ordinance, to petition the circuit court of the county for an order declaring the county totally immune from city-initiated annexation and from the incor- poration of new cities within its boundaries; and WHEREAS, Virginia Code Section 15.1-977.21 requires the County to submit a petition for immunity to the Circuit Court of Roanoke County along with certain other evidence that the County is eligible for an order granting total immunity. I NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County that the County Attorney and County Administrator are hereby authorized and directed to institute the necessary proceedings and collect the necessary data needed therefor, and to obtain entry of an order by the Circuit Court of Roanoke County declaring the total area 1 12-9-80 . of Roanoke County immune in perpetuity from city-initiated annexation and the incorporation of new cities. Adopted on motion of Supervisor Myers and the following recorded vote. I AYES: Supervisors Myers, Park, White, Terry and Johnson NAYS: None IN RE: PETITIONS AND COMMUNICATIONS Mrs. Aivery Recard requested to speak to the Supervisors in regard to recreation facilities in the Big Hill Section of the Catawba Magisterial District but she was not in attendance. On motion of Supervisor Myers and a unanimous voice vote, this matter was continued. IN RE: ROANOKE & BOTETOURT TELEPHONE COMPANY SEEKING SUPPORT OF THEIR APPLICATION TO THE STATE CORPORATION COMMISSION TO PROVIDE ONE-WAY MOBILE RADIO PAGING SERVICE IN ROANOKE COUNTY. I Mr. Ira Layman, President, Botetourt Telephone Company, appeared and stated that his company is desirous of selling and servicing one-way mobile radio paging service to Roanoke County citizens. Prior to selling this service the SCC must issue a license for such operation and they desire the Board to write a letter of recommendation to the Commission on their behalf . On motion of Supervisor Johnson and the following recorded vote, the Board approved that a letter be written on their behalf. AYES: Supervisors Myers, Park, White, Terry and Johnson NAYS: None On motion of Supervisor Myers and a unanimous voice vote, it was I approved that the County Attorney should draft a letter to the State Corporatic Commission. IN RE: BINGO PERMIT No one appeared to support this renewal request. On motion of Supervisor Myers and a unanimous voice vote, the request of the Fort Lewis Rescue Squad Ladies Auxiliary for a bingo permit renewal was approved. This renewal is for the year 1981. ~ 12-9-80 ':} '. IN RE: REPORTS OF DEPARTMENTS, OFFICERS AND COMMITTEES COUNTY ADMINISTRATOR REPORT - NORTH LAKES WELL #7 - ELECTRICAL SERVICE RESOLUTION NO. 2738 AUTHORIZING THE COUNTY OF ROANOKE TO EXECUTE A CERTAIN DEED OF EASEMENT GRANTING APPLACHIAN POWER COMPANY AN EASEMENT ACROSS THE "WOMACK" PROPERTY AND ACCEPTING APPALACHIAN POWER COMPANY'S PROPOSAL FOR INSTALLATION OF A THREE-PHASE POWER LINE TO ROANOKE COUNTY'S NORTH LAKES WELL LOT NO.7. I BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County of Roanoke be, and it hereby is authorized to grant a utility line easement to Appalachian Power Company from the Northside High School site across the County's "Womack" property to North Lakes Well No.7; said easement being ten feet in width and being further described on Roanoke County Utility Department Plans designated Alternate 1 for North Lakes Well #7 and being more particularly described in a deed of easement to be recorded in the Clerk's Office of the Circuit shall incur no financial liability as a result of its execution of said I Court of Roanoke County; provided however, that the County of Roanoke deed of easement, and said deed of easement to be otherwise approved as to form by the County Attorney; and 2. That Appalachian Power Company's proposal to install a three- phase power line within the easement hereinabove authorized to be granted for an amount not to exceed $5,361.00 be, and hereby is ACCEPTED; and 3. That the County Administrator be, and he hereby is authorized and directed to execute the necessary documents on behalf of the County of Roanoke upon a form approved by the County Attorney. Adopted on motion of Supervisor Myers and the following recorded vote. AYES: Supervisors Myers, Park, White, Terry and Johnson NAYS: None I IN RE: APPROPRIATION RESOLUTION NO. 2739 FOR NORTH LAKES WELL #7 DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Class: Fund: Project: Expenses Capital Improvements North Lakes Well #7 16-6-60054-00000 $5,361 " 12-9-80 < , ~;t ~. . . . APPROPRIATION RESOLUTION NO. 2739 CONTINUED. DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) I Class: Fund: Source: Revenues Capital Improvements Water Bonds 16-5-51470-00000 $5,361 Adopted on motion of Supervisor Myers and the following recorded vote. AYES: Supervisors Myers, Park, White, Terry and Johnson NAYS: None IN RE: REFERRALS TO PLANNING COMMISSION This report was submitted by County Administrator William Clark for information only; received and filed. IN RE: GRANT APPLICATION Administrator Clark informed the Board we are in the process of submitting a grant application to the U. S. Department of Agriculture - Farmer's Horne Administration for the purpose of purchasing a private water I company, Webb Water Company, and a prepared resolution is submitted for consideration. RESOLUTION NO. 2740 APPROVING THE SUBMISSION OF A CERTAIN GRANT APPLICATION BY ROANOKE COUNTY, VIRGINIA, DEPARTMENT OF UTILITIES AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE THE NECESSARY DOCUMENTS FOR THIS GRANT APPLICATION. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the grant application prepared and heretofore submitted by the County of Roanoke, Department of Utilities to the U. S. Department of Agriculture - Farmer's Horne Administration for a grant of funds in the amount of $130,000 to purchase and upgrade a private water system known as the Webb Water Company situate, lying and being in Roanoke County, Virginia, and serving 140 residents of the County be, and said I application hereby is approved and submitted of behalf of Roanoke County; and 2. That the County Administrator be, and he hereby is authorized and directed to execute the necessary documents for this grant application on behalf of Roanoke County's Department of Utilities. Adopted on motion of Supervisor Park and the following recorded vote. AYES: Supervisors Myers, Park, White, Terry and Johnson NAYS: None ~ , ; ." ~ 12-9-80 Administrator Clark stated he has an item not on the agenda but would like to bring before the Board. A letter to the Board from the Montgom y County Supervisors was received which requests an ordinance be enacted to prohibit spotlighting of deer in the County. This has created some problems I in Montgomery and they feel this should be handled accordingly in all surround' g counties. On motion of Supervisor Johnson and the following recorded vote, Administrator Clark was directed to write a letter to area legislators expressing our support for enacting enabling legislation permitting counties to prohibit all spotlighting of deer. AYES: NAYS: IN RE: Supervisors Myers, Park, White, Terry and Johnson None DIRECTOR OF FINANCE REPORT - ANTI-RECESSION FISCAL ASSISTANCE MONIES John Chambliss, Director of Finance, submitted an appropriation resolution in the amount of $568.00 for consideration to offset a salary I account in the Department of Finance. DESCRIPTION Class: Fund: Dept: Object: Dept: Object: Class: Fund: Object: Class: Fund: Object: AYES: NAYS: IN RE: and filed. APPROPRIATION RESOLUTION NO. 2741 ACCOUNT NUMBER INCREASE (DECREASE) Expenditures General Operating Finance - Accounting Salaries 03-6-01215-10010 ($568) Unappropriated Balance Unappropriated Balance 03-6-99999-99999 $568 Expenditures Anti-Recession Salaries - Finance 15-6-01215-10010 $568 Revenues Anti-Recession Beginning Balance 03-5-99999-99999 $568 I Adopted on motion of Supervisor Johnson and the following recorded vote. Supervisors Myers, Park, White, Terry and Johnson None REPORT - ACCOUNTS PAID FOR NOVEMBER, 1980 Mr. Chambliss submitted this report for information only; received ~ 12-9-80 IN RE: TREASURER Alfred Anderson, Treasurer, stated that First and Merchants National Bank desires to enter into a repurchase agreement with the County for investin I funds at a higher rate of interest for short-term investments. He stated we have such agreements with three other banks. RESOLUTION NO. 2742 DESIGNATING FIRST & MERCHANTS NATIONAL BANK AS A BANK WITH WHICH CERTAIN AGREEMENTS BY AND BETWEEN SAID BANK AND THE COUNTY OF ROANOKE MAY BE EXECUTED. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That First & Merchants National Bank is hereby designated as a bank with which certain agreements by and between this bank and the County of Roanoke may be executed, it being recommended by the Finance Board of the County of Roanoke that it is in the best interests of the County of Roanoke to enter into deposits of funds of the County pursuant to appropriate repurchase agreements with the several banks doing I business in the Roanoke Valley community; and 2. That upon receipt of appropriate bids for the deposit of such funds and repurchase agreements the First & Merchants National' Bank be, and it hereby is determined to be authorized to provide such repurchase agreements for execution by the County of Roanoke as made and provided by law. On motion of Supervisor Myers and the following recorded vote, the resolution was adopted. AYES: Supervisors Myers, Park, White, Terry and Johnson NAYS: None IN RE: HEALTH DEPART11ENT I Dr. Nancy Welch, Director, was present and submitted a report of activities for the various departments within the Health Department; received and filed. She further stated that her district is among ten within the State which is penalized regarding generation of funds for operating. The more funds solicited, the less state appropriated funds received. Dr. Welch feels this is an inequality for districts. ~ 12-9-80 , ~ Supervisor Myers requested the County Administrator to research this matter. Dr. Welch presented the County a State refund check in the amount of $8,186.43; received by Alfred Anderson, Treasurer. I IN RE: BID COMMITTEE RESOLUTION NO. 2743 ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE FOR THE PURCHASE OF PUMP AND ACCESSORIES FOR GRISSO WELL NO.1. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain bid of Sydnor Hydrodynamics, Inc. of Richmond, Virginia, in the amount of $9,561.00 for the purchase of pump and accessories for Grisso Well No.1, 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 Administrator be, and he hereby is authorized I and directed to enter into contract, upon a form approved by the County Attorney, with Sydnor Hydrodynamics, Inc. for this purchase; and 3. That all other bids for said project are hereby REJECTED and the County Clerk is directed to so notify such bidders and express the County's appreciation for such bids. Adopted on motion of Supervisor Myers and the following recorded vote. AYES: Supervisors Myers, Park, White, Terry and Johnson NAYS: None IN RE: APPROPRIATION RESOLUTION NO. 2744 FOR GRISSO WELL NO. 1 DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) I Class: Fund: Project: Expenditures Capital Improvements Grisso Well 16-6-60033-00000 $9,561 Class: Fund: Source: Revenue Capital Improvements Water Bonds 16-5-51470-00000 $9,561 Adopted on motion of Supervisor Myers and the following recorded vote. AYES: Supervisors Myers, Park, White, Terry and Johnson NAYS: None 12-9-80 1 .. IN RE: RESOLUTION NO. 2745 ACCEPTING CERTAIN BIDS MADE TO THE COUNTY OF ROANOKE FOR THE CONSTRUCTION OF THE TANGLEWOOD AND FRIENDSHIP LANE BOOSTER STATIONS. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: I 1. That that certain bid of Boxley Construction Company in the amount of $25,300.00 for the construction of the Tanglewood Booster Station, 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 that certain bid of Boxley Construction Company in the amount of $23,300.00 for the construction of the Friendship Lane Booster Station, 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 I 3. That the County Administrator be, and he hereby is authorized and directed to enter into contract, upon a form approved by the County Attorney, with Boxley Construction Company for this construction; and 4. That all other bids for these projects are hereby REJECTED and the County Clerk is directed to so notify such bidders and express tbe County's appreciation for such bids. AYES: NAYS: IN RE: DESCRIPTION I Class: Fund: Project: Class: Fund: Source: AYES: NAYS: Adopted on motion of Supervisor Myers and the following recorded vote. Supervisors Myers, Park, White, Terry and Johnson None APPROPRIATION RESOLUTION NO. 2746 FOR BOOSTER STATIONS ACCOUNT NUMBER INCREASE (DECREASE) Expenditures Capital Improvements Tanglewood- Friendship Lane 16-6-60036-00000 16-6-60032-00000 $25,300 23,300 Revenue Capital Improvements Water Bonds 16-5-51470-00000 $48,600 Adopted on motion of Supervisor Myers and the following recorded vote. Supervisors Myers, Park, White, Terry and Johnson None ~ 12-9-80 ~; IN RE: SCHOOL ADMINISTRATION Dr. Eddie Kolb, Director of Pupil Personnel Services, was present and stated in a report that a project for occupational assessment and educational planning for secondary handicapped students has been approved by the State. This project is funded 100% by the State but it is necessary for I the Board to appropriate the funds prior to the State funds being received. APPROPRIATION RESOLUTION NO. 2747 FOR SCHOOL ADMINISTRATION DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Class: Fund: Object: Expenditures Federal Programs Salaries - Training Grant 25-6-25030-00000 $54,554 Class: Fund: Source: Revenue Federal Programs Training Grant 25-5-25000-85000 $54,554 Adopted on motion of Supervisor Johnson and the following recorded vote. AYES: Supervisors Myers, Park, White, Terry and Johnson NAYS: None I IN RE: UNFINISHED BUSINESS REQUEST OF ROBERT D. AND VICKIE S. WOOD TO PLACE A MOBILE * HOME ON A 2-ACRE TRACT OF LAND LOCATED ON THE NORTH SIDE * OF STATE ROUTE 752, OLD MILL ROAD, APPROXll1ATELY 1.S-MILE * APPROVED FROM ITS INTERSECTION WITH U. S. ROUTE 221 IN THE WINDSOR * HILLS MAGISTERIAL DISTRICT. * This request was under consideration for a decision from the meeting of November 24th. Mr. and Mrs. Robert Wood were present. An unidentified citizen from the area was present to oppose this request. Although the public hearing was held previously, Chairman Terry permitted him to express his opposition. Chairman Terry stated that he had viewed the area where the trailer would be located, if approved, and since there were a couple of barns and a packing shed nearby, he felt the trailer would be in keeping with the I surroundings on a temporary basis. After some discussion, Supervisor Myers moved to allow the permit on the condition that whenever the Woods'cease to occupy the trailer it would be moved from the property; adopted by the following recorded vote. AYES: Supervisors Myers, Park, White, Terry, and Johnson NAYS: None I I I .. IN RE: l 12-9-80 . . REQUEST OF ROGER D. ROBERTS TO RENEW A PERMIT TO PLACE A * MOBILE HOME TO BE OCCUPIED BY DONALD HANCOCK ON A 5.0- * ACRE TRACT LOCATED AT THE END OF STATE MAINTENANCE OF * STATE ROUTE 951 IN THE BENNETT SPRINGS AREA OF THE CATAWBA * MAGISTERIAL DISTRICT. * APPROVEI Mr. Hancock was late in arriving at the meeting. Chairman Terry recognized Mr. Donald Hancock who appeared to support this request. No one appeared in opposition. Mr. Hancock stated he had bought the trailer and would be leasing the land from Mr. Roberts. On motion of Supervisor Myers and the following recorded vote, the request was approved. AYES: NAYS: IN RE: Supervisor Myers, Park, White, Terry and Johnson None EXECUTIVE SESSION At this point, 8:40 p.m., County Attorney James Buchholtz requested an Executive session to discuss pending litigation. On motion of Supervisor Johnson and a unanimous voice vote, the Board went into Executive session. IN RE: RECONVENEMENT On motion of Supervisor Park and a unanimous voice vote, the Board reconvened at 8:55 p.m. IN RE: litigation. DESCRIPTION Class: Fund: Object: Object: AYES: NAYS: IN RE: APPROPRIATION RESOLUTION NO. 2748 The following appropriation was approved to settle a matter of ACCOUNT NUMBER INCREASE (DECREASE) Expenditures General Refunds and Rebates 03-6-09105-58030 $5,722 Unappropriated Balance ($5,722) 03-6-99999-99999 Adopted on motion of Supervisor Myers and the following recorded vote. Supervisors Myers, Park, White, Terry and Johnson None REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor White stated that he would like the problem of truck traffic on Old Hollins Road looked into since the Board has previously ~ r 12-9-80 ;~\ requested the State to close it to this type traffic. He further stated the developer, Jim Ailstock, has not solved the street problems on Dairy Road and asked the status of that situation. Mr. Buchholtz informed him that communication was recently received from Mr. Ailstock who has agreed to work with the County in solving this street problem. Mr. Buchholtz informed him th Mr. Ailstock would be personally responsible for the Bond. Supervisor Myers requested Mr. Buchholtz to report back to the Board within a month on the Dairy Road situation since those citizens are in need of help from the County in getting those streets up to standards. Chairman Terry asked Mr. Buchholtz the status of the tax situation for Recreational Properties Limited and what is being done to collect these past due taxes. Mr. Buchholtz informed Mr. Terry that Recreational Properties Limited is in the process of trying to sell the swimming pools and that suit against the company might be filed by the end of December. IN RE: ADJOURNMENT On motion of Supervisor White and a unanimous voice vote, the meeting was adjourned at 9:05 p.m. c{aJJ~cZ:L~ l I I ~ ~. I .i> ~. \'J' \1,.. I