3/9/1976 - Regular
"",'
-
8
3-9-76
Salem-Roanoke Valley Civic Center
Salem, Virginia
Ma rc h 9, 1 976
7:00 P.M.
The Board of County Supervisors of Roanoke County, Virginia, met this
day in open session at the Salem-Roanoke Valley Civic Center in Salem, Virginia,
this being the second Tuesday and the first regular meeting of the month.
I
MEMBERS PRESENT: Vice-Chairman E. Deal Tompkins, R. Wayne Compton,
C. Lawrence Dodson and Robert E. Myers. ABSENT: Chairman May W. Johnson.
In the absence of the Chairman, Vice-Chairman Tompkins called the meeting
to order at 7:00 p.m. and recognized Reverend Edgar G. Petry, Oak Grove Church of
the Brethren, who offered the invocation. The Pledge of Allegiance to the flag
was given in unison.
On the motion of Supervisor Myers and the unanimous voice vote of the
members present, the minutes of the regular meeting of February 24, 1976, were
approved as spread.
IN RE:
APPLICATION OF ALBERT T. KELLEY FOR A SPECIAL
EXCEPTION TO PARK A MOBILE HOME ON A THREE ACRE
TRACT PRESENTLY OWNED BY GEORGE J. AND HAZEL M.
HOFAWGER AND LOCATED 0.3 MILE EAST OF THE END OF
ROUTE 921 IN THE RED HILL AREA
I
APPROVED
Supervisor Dodson moved that the Kelley application be approved subject
to the provisions of the County Zoning Ordinance as it pertains to mobile homes.
The motion was adopted by the unanimous voice vote of the members
present.
NOTE:
Mr. Kelley was present at the hearing. There was no opposition.
Applicant has agreed to purchase the property on which
the mobile home will be located.
IN RE:
HIGHWAY DEPARTMENT - ANNUAL SECONDARY ROAD HEARING
A public hearing was this date held by the Virginia Department of
Highways and Transportation for the purpose of discussing proposed work to be done
I
on the Secondary System roads in Roanoke County during the year 1976-77.
Mr. J. E. Williams, Resident Engineer for the Highway Department, along
with two assistants, was present at the hearing. Mr. Williams took various request
for road improvements from the Supervisors and interested citizens.
-."
3-9-76
2.})\
-
Salem-Roanoke Valley Civic Center
Salem, Virginia
March 9, 1976
7:00 p.m.
The Board of County Supervisors of Roanoke County, Virginia, met this day in
open session at the Saelm-Roanoke Valley Civic Center in Salem, Virginia, this
I
being the second Tuesday and the first regular meeting of the month.
MEMBERS PRESENT: Vice-Chairman E. Deal Tompkins, R. Wayne Compton, C.
Lawrence Dodson and Robert E. Myers. ABSENT: Chairman May W. Johnson.
In the absence of the Chairman, Vice-Chairman Tompkins called the meeting
to order at 7: 00 p.m. and recognized Reverend Edgar G. Petry, Oak Grove Church of
the Brethern, who offered the invocation. The Pledge of Allegiance to the flag
was given in unison.
On the motion of Supervisor Myers and the unanimous voice vote of the member~
present, the minutes of the regular meeting of February 24, 1976 were approved as
spread.
IN RE:
APPLICATION OF ALBERT' T. KELLEY FOR A SPECIAL
EXCEPTION TO PARK A MOBILE HOME ON A THREE ACRE
TRACT PRESENTLY CWNED BY GEORGE J. AND HAZEL M.
HOFAWGER AND LOCATED O. 3 MILE EAST OF THE END OF
ROUTE 921 IN THE RED HILL AREA
APPROVED
I
Supervisor Dodson moved that the Kelley application be approved subject to
the provisions of the County Zoning Ordinance as it pertains to mobile homes.
The motion was adopted by the unanimous voice vote of the members present.
Mr. Kelley was present at the hearing. There was no opposition.
IN RE:
HIGHWAY DEPARTMENT - ANNUAL SECONDARY ROAD HEARING
A public hearing was this date held by the Virginia Department of Highways
and Transportation for the purpose of discussing proposed work to be done on the
Secondary System roads in Roanoke County during the year 1976-77.
Mr. J. E. Williams, Resident Engineer for the Highway Department, along with
two assistants, was present at the hearing. Mr. Williams took various requests
for road improvements from the Supervisors and interested citizens.
IN RE:
RESOLUTION NO. 1442 AUTHORIZING THE PURCHASE OF
PUBLIC OFFICIALS LIABILITY INSURANCE FOR COUNTY
OFFICIALS AND EMPLOYEES FROM SECURITIES INSURANCE
CORPORATION, ACTING ON BEHALF OF MIDLAND INSURANCE
CCM?ANY, TO ProVIDE INSURANCE IN ACCORDANCE WITH
THE PROPOSAL DATED MARCH 2, 1976, AT A TOTAL COST
TO THE COUNTY OF $15,045; SAID COST TO COVER THE
PREMIUM ON SAID POLICY FOR A THREE-YEAR PERIOD
I
WHEREAS, the members of the Board of County Supervisors have indicated their
desire for the County to purchase public official liability insurance to provide
I-:"~'
30
3-9-76
protection for said officials in the performance of their duties; and
WHEREAS, the Director of Finance has secured a proposal from Securities
Insurance Corporation on behalf of Midland Insurance Canpany to provide a
liability policy for said officials; and
WHEREAS, the members of the Board of County Supervisors are of opinion that
I
it is in the best interests of the County to immediately approve the acquisition
of said insurance in order to fully protect the members of the Board of County
Supervisors in certain aspects of the performance of their duties.
NCW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke
County that said Board hereby approves the acquisition of public official liabili y
insurance from Securities Insurance Corporation, acting on behalf of Midland
Insurance Company, to provide insurance in accordance with the proposal dated
March 2, 1976 at a total cost to the County of $15,045; said cost to cover the
premium on said policy for a three-year period; said Board further authorizing
the County Executive to execute said policy on behalf of the Board of County
Supervisors.
On rrotion of Supervisors Myers and adopted by the following recorded vote:
AYES:
NAYS:
ABSENT :
Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tanpkins
None
Mrs. Johnson
I
IN RE:
AMENDMENT 'ID GENERAL APPROPRIATION ORDINANCE
NO. 1443 APPROPRIATING THE SUM OF $15,045 FROM
THE COUNTY"S UNAPPROPRIATED BALANCE 'ID 318H-
INSURANCE FOR PUBLIC OFFICIAL LIABILITY INSURANCE
On rrotion of Supervisor Dodson, the (',eneral Appropriation Ordinance of
Roanoke County, Virginia, adopted June 10, 1975 be, and the same is hereby
amended as follows to become effective March 9, 1976:
EXPENDITURES -ADDITION
3l8H - Insurance
211C - Public Official Liability Insurance: An additional appropriation of
$15,045 is hereby made from the General Operating Fund for the period
ending June 30, 1976 for the function and purpose hereinabove
indicated.
UNAPPROPRIATED BAlANCE - DELETION
I
399A - Contingent Balance
999 - Unappropriated Balance: A deletion of $15,045 is hereby made from
the General Operating Fund's Unappropriated Balance for the period
ending June 30, 1976 for the function and purpose hereinabove
indicated.
3-9-76
-..
31
Adopted by the following recorded vote:
AYES:
NAYS:
ABSENT :
Mr. Carrpton, Mr. Dodson, Mr. Myers, Mr. Tanpkins
None
Mrs. Johnson
IN RE:
AOOPI'ION OF ORDINANCE NO. 1444 AMENDING THE
COUNTY CODE BY THE ADDITION OF A NEW CHAPTER
NUMBERED 9.1 AND ENTITlED MASSAGE PARIDRS AND
MASSAGE TECHNICIANS, WHICH CHAPTER WIIL REQUIRE
PERMITS FOR THE OPERATION OF A MASSAGE PARIDR
AND PERMITS FOR EACH MASSAGE TECHNICIAN AND
FURTHER PROHIBIT MASSAGE OR OTHER SIMILAR
TREATMENTS BY A PERSON OF THE OPPOSITE SEX,
THE EFFECI'IVE DATE OF SAID ORDINANCE BEING
MARCH 9, 1976
I
WHEREAS, the Board of County Supervisors of Roanoke County, Virginia, deems
certain amendments to the Roanoke County Code to be necessary in the best interes s
of the health, safety and general welfare of the citizens of Roanoke County; and
WHEREAS, a Notice of Intention to aIlEnd the Roanoke County Code as proposed
and Public Hearing thereon, have been advertised and posted in accordance with
law.
NCW, THEREFORE, BE IT ORDAINED by the Board of County Superviors of Roanoke
County that the Roanoke County Code be amended as follows:
I
CHAPTER 9.1
Massage Parlors and Massage Technicians
Sec. 9.1-1. Definitions.
For the purpose of this chapter, the following words and tenus shall have th
meanings respecti vel y ascribed to them by this section:
Massage. A method of treating the external parts of the body for remedial
or hygenic purposes, consisting of rubbing, stroking, kneading or tapping or
vibrating with the hand or any instrument.
Massage parlor. Any establishment having a fixed place of business where
any person administers or gives a Turkish, SWedish, vapor, sweat, electric, salt,
magnetic or any other kind or character of massage, baths, alcohol rub, fanenta-
tion, manipulation of the body or other similar procedure.
Massage technician. Any person who administers to another person a massage,
alcohol rub, bath, manipulation of the rody or any similar procedure at a massage
par lot.
Director. The director of public health of the County of Roanoke, Virginia.
Sec. 9.1-2. Permit - Required.
I
It shall be unlawful for any person to engage in, conduct or carry on, or
to permit to be engaged in, conducted or carried on, in or upon any premises
wi thin the County, the business of a massage par lor, or to render or permit to be
rendered massage services at a location rerroved fran a massage establishment
wi thin the County without a permit issued pursuant to the provisions of this
chapter, or, a permit having been issued, which such permit shall have been
suspended or revoked.
--
-
3-9-76
32
Sec. 9.1-3. Same - Exemptions from requirements.
The requirements of Section 9.1-2 shall not apply to a physician, surgeon,
chiropractor, osteopath or physical therapist duly licensed by the Carmonwealth
of Virginia, or to a licensed nurse acting under the direct prescription and
direction of any such physician, surgeon, chropractor, or osteopath. The require
ments of Section 9.1-2 shall not apply to barber shops or beauty shops in which
massage is given to the scalp, the face, the neck or the shoulders only.
Sec. 9.1-4. Same - Application.
I
Any person desiring a permit to operate a massage parlor or establishment
shall make application to the director who shall refer all such applications to
the sheriff for investigation. An application to obtain a permit to operate a
massage establishment shall be accomplanied by a receipt showing payment to the
director of finance of Roanoke County of the sum of Fifty Dollars, such sum to
cover the costs of investigation by the sheriff's department and the health
and other departments. Massage establishments in business at the effective date
of this section shall have thirty days within which to make application for such
permit and, if such applicant shall have been in the bona fide business of operat'ng
a massage establishment for a period of sixty days prior to the effective date
of this chapter, he shall be entitled to make application without payment of the
investigation fee.
Any such application shall contain:
a) The full name, age, height, weight and present address of the applicant.
b) The applicant's last previous address imnediately prior to the present
address.
c) Business, occupation or employment of the applicant for the five years
irrmediately preceding the date of application.
d) Previous experience of the applicant as a massage parlor operator or as
a massage technician.
e) All criminal convictions, other than traffic offenses, and place of
conviction of the applicant.
f) The location of such massage parlor; and if such premises are not fully
constructed, plans for any construction to take place.
I
Sec. 9.1-5. Same - Referral of applications to certain administrative officers.
The director shall refer such application to the administrative officers of
the County charged with the enforcement of the Building, Plumbing, Electric and
Fire Prevention Codes and to the Sheriff.
Sec. 9.1-6. Same - Issuance.
Within fourteen days of the receipt of the application, the director shall
issue or reissue in case the permit has been revoked, the permit if he shall find
a) The premises to be used or constructed to meet the Building, Plumbing,
Electric and Fire Prevention Codes of the County as reported by the adminis-
trative officers of the County, and
b) The facilities canpl y with the other requirements of this chapter, and
c) The experience and knowledge of the permittee is such that the operation
of the proposed massage parlor will not be detrimental to the health and
safety of the patrons, and
d) The infonnation in the application be truthful.
I
Sec. 9.1- 7. Display of permit and list of employed technicians.
Every person to whom a permit shall have been granted shall display such
permit in a conspicuous place so that the same may be readily seen by anyone
entering the premises where the massage is given. Such permittee shall also
-,
l'3-9- 76
33
display in a conspicuous place a list of all massage technicians employed in the
massage par lor.
Sec. 9.1-8. Required facilities; maintenance of facilities.
Each massage Parlor shall have, and maintain same in a clean, sanitary and
workable condition:
I
a) Equipment for disinfecting and sterilizing nondisposable instruments
and materials used in perfonning acts of massage. All such instruments and
materials shall be disinfected after use on each patron.
b) Hot and cold water and soap shall be provided at all times.
c) Closed cabinets shall be provided for the use of storage of clean linen
and other materials used in connection with administering massages.
d) Adequate bathing, dressing, locker and toilet facilities shall be
provided for patrons. A minimum of one tub or shCMer, one dressing rc:x:ro
containing a seParate locker for each patron to be served, which locer shall
be capable of being locked, as well as a minimum of one toilet and one wash-
basin, shall be provided by every massage establishment; provided, hCMever,
that if male and female patrons are to be served simultaneously at the
establishment, seParate bathing, a separate massage rc:x:ro, or rooms, separate
dressing and seParate toilet facilities shall be provided for male and for
female patrons.
e) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and
any other physical facilities for the establishment shall be in good repair
and maintained in a clean and sanitary condition. Heat, steam or vapor r
or cabinets shall be cleaned each day the par lor is in operation. Bathtubs
shall be thoroughly cleaned after each use.
I
f) Clean and sanitary towels and linens shall be provided for each patron
of the parlor or each patron receiving massage services. No corrmon use of
tCMels or linens shall be pennitted.
g) Either the massage parlor quarters or the floor of the building on which
the quarters are located shall be equipPed with a service sink for custodial
services.
h) All massage tubs, bathtubs, shower stalls and steam or bath areas shall
have nonporous surfaces which may be readily disinfected.
Sec. 9.1-9. penni t Required for Massage Technicians; Requirements.
I
a) No person shall be pennitted to give massage or cane in contact with a
patron of any massage parlor unless such person shall have a valid massage
technician pennit. Any person who desires to secure a massage technician
permit shall five an application with the director. The application shall
contain the name, address, telephone number, last previous address, date of
birth, place of birth, height, weight and current and last previous place
of employment. All applicants shall undergo a physical examination for
contagious and canmunicable diseases, a chest x-ray which is to made and
interpreted by a trained radiologist acceptable to the director, and such
other laboratory tests, done in a laboratory acceptable to the director as
may be necessitated by the above examination, and shall furnish to the
director a certificate based upon and issued within thirty days of such
examination, signed by a phisician duly licensed by the Corrmonwealth of
Virginia and stating that the person examined is either free fran any con-
tagious or canmunicable disease or incapable of canmunicating any of such
diseases to others. Such persons shall undergo the physical examination
referred to above and sul:mit to the director the certificate required
herein within five days of the corrmencement of their employment and at least
once every twelve IIDnths thereafter.
The director or his duly authorized representative, when he has cause
to believe that the massage technician is capable of corrmunicating any
_",c".
. '._ YT_.,.
3-9-76
3
contagious disease to others, may at any time require an immediate physical
examination of any such person.
Upon presentation to and approval by the director of the certificate
required herein, the director sahll issue a pemi t to the applicant, con-
taining am:mg other items the name of the holder, the date of expiration
and a statement that the holder has complied with the provisions of this
section. The director shall refuse to issue such card if the applicant
has either failed to furnish the certificate required herein or is not
free from any contagious or cammunicable disease.
The employer of any such person shall require all such persons to under
to the examination and obtain the certificates provided by this section,
shall register at the place of employment the name and date of employment of
each employee, and shall have the pemits of all employees available for
the director at all reasonable times.
I
b) No massage technician shall knONingly serve any patron infected with any
fungus or other skin infection; nor shall service be perfomed on any patron
exhibiting skin inflamnation or eruptions; provided, hONever, that a duly
licensed physician may certify that any such patron may be safely served
prescribing the conditions thereof.
Sec. 9.1-10. Records of treatment; giving false names when seeking massage
prohibited.
Every person operating a massage par lor under a pemi t as provided in this
chapter shall keep a record of the date and hour of each treatment, the name and
address of each patron, and the name of the technician administering such treat-
ment. Such record shall be open to inspection by the director, or his designee,
and other law enforcement officers.
It shall be unlawful for any person while seeking ma.ssage to give a false or
fictious name to a massage parlor operator or employee. My person convicted of
giving a false or fictitous name to a massage parlor operator or employee while
seeking ma.ssage shall be punished by a fine of not less than twenty-five dollars
nor more than one hundred fifty dollars.
I
Sec. 9.1-11. Massage by person of opposite sex prohibited;
exceptions; penalty.
a) It shall be unlawful for any person to administer to any person of the
opposite sex any massage, any alcohol rub or similar treatment, any fomen-
tation, any bath, or any electric or ma.gnetic treatment, nor shall any
person cause or pemit in or about his place of business, or in connection
wi th his business, any agent, employee or servant or any other person under
his control or supervision to administer any such treatment to any person
of the opposite sex.
b) This section shall not apply to any treatment administered in good faith
by a physician, surgeon, chiropractor, osteopath or physical therapist duly
licensed by the Commonwealth of Virginia or to a licensed nurse acting under
the direct prescription and direction of any such physician, surgeon, chiro-
practor or osteopath; nor shall this section apply to barbers or beauticians
who give massage to the scalp, the face, the neck or the shoulders only.
c) My person who shall violate the provisions of this section shall, upon
conviction, be fined not :rrore than one hundred dollars and each day's
failure to comply with the requirements of this section shall constitute a
separate offense.
I
Sec. 9.1-12. Responsibili ties of pemi tee.
No person granted a ma.ssage parlor pemit pursuant to this chapter shall
operate under any name or at any location not specified in the pemit. The
permittee shall be responsible for ma.intaining the permises in accordnace with
the requirements of this chapter and for the conduct of all agents and employees
3-9-76
~,.
.J~'
"- .. ,~'.'."
35
in canpl ying with the requirements of this chapter. No penni ttee shall pemi t on
the premises activity or behaviour prohibited by the laws of the United States,
Crnmonwealth of Virginia or this county relating to gambling, prostitution,
sodomy, adultery, fornication, lewd and lascivious cohabitation or other laws
relating to obscenity or moral turpitude.
Sec. 9.1-13. Revocation and suspension of penni ts generally.
I
The director may revoke or suspend for a tem, as hereinafter provided, any
pennit issued pursuant to this chapter upon the violation of any of the rules,
requirements or restrictions of this chapter. No pennit, hCM'ever, shall be revok
ed until after a hearing shall have been held by the director to detemine just
cuase for such revocation. At such hearing the pennittee shall be given the
opportunity to present evidence and argument against revocation or suspension.
Notice of such hearing shall be given the pennittee by mailing at least five days
prior to such hearing a written statement setting forth the ground of complaint,
addressed to the pennittee at the address of his pennit. After such hearing the
director may suspend such penni t for a tem not to exceed sixty days, may revoke
the pennit, or may dismiss the complaint.
Sec. 9.1-14. pennit nontransferable; grounds for revocation of pennit.
The sale or transfer of the interest of the penni ttee in a massage par lor
shall render null and void any pennit issued pursuant to this chapter. The
enlargment or alteration of the struction at which the massage parlor is operated
shall be deemed to revoke such pennit, ipso facto, unless prior approval shall
have been obtained fran the director. The hiring and use of massage technicians
not listed with the director shall be deemed to revoke such pennit, ipso facto,
unless the information required by Section 9.1-9 shall have been first filed
with the director.
I
BE IT FURI'HER ORDAINED that the sections, paragraphs, sentences, clauses
and phrases are severable and if any sections, paragraphs, sentences, clauses or
phrases shall be declared unconstitutional or invalid by a valid judgment or
decree of a court of ccmpetent jurisdiction, such unconstitutionality or invalid-
ity shall not affect any of the remaining sections, paragraphs, sentences, clause
or phrases of this ordinance.
This amendment to take effect on March 9, 1976.
On motion of Supervisor Myers and adopted by the follCM'ing recorded vote:
AYES:
NAYS:
ABSENT :
Mr. Compton, Mr. Dodson, Mr. Myers.
Mr. Tompkins
Mrs. Johnson
In relation to the proposed ordinance regarding Massage Parlors, Vice-Chair-
man Tompkins suggested that the matter be tabled indefinitely for several reasons:
(1) The ordinance as prepared is discriminatory, (2) the question of whether a
legislative rody can legislate morals, and (3) the ordinance is against hetero-
sexual behavior but is conducive to hanosexual behaviour.
Mr. Ed Damus stated that Massage Parlors were "Prostitution Houses."
I
Mr. WoodrCM' Spencer, CM'ner of the In-Between Massage Parlor in Boxley Hills,
stated that he v'ould try and cauply with the proposed ordinance. Mr. Spencer
was given a copy of the ordinance and he further stated that he was going to ask
his attorney to look it over.
IN RE:
TCWN OF VINTON REQUEST FOR FUNDS
FOR PROPOSED NEW FIREHOUSE
Mr. Ron Miller, Vinton TCM'n Manager, appeared before the Board and requested
funds fran the County for the construction of a new firehouse for the Town of
--...:-.~
.'''.','
3-9-76
36___
Vinton. Mayor G. W. Nicks and Councilmen Sanderson and Cox fran Vinton were also
present at the meeting.
Supervisor Ccmpton moved that the matter be referred to a conmi ttee for
further study and investigation.
The rnotion was adopted by the unanimous voice vote of the members present.
I
Acting Chairman Tcmpkins appointed County Executive William F. Clark,
Supervisor R. Wayne Ccmpton and himself to serve on said carnnittee. The
conmittee will meet with representatives fran Vinton on Monday, March 15, at
noon at the Shenandoah Life Building.
On motion of Supervisor Dodson and the unanimous voice vote of the members
present, Resolution No. 22731 adopted by the Roanoke City Council approving a
public school Capital Improvement Program proposed by Roanoke City School Board
and directing that certain court approval of said program be sought and obtained
was this date received and filed.
On the motion of Supervisor Myers and the unanimous voice vote of the
members present, Resolution No. 22755 adopted by Roanoke City Council expressing
the willingness of Council to proceed with the necessary plan changes for the
I
Glade Creek Sanitary Sewer Interceptor Project and the Route 653 Sanitary Sewer
Project, upon certain terms and conditions was this date received and filed.
On the motion of Supervisor Myers and the unanimous voice vote of the
members present, Resolution No. 22756 adopted by the Roanoke City Council
requesting the Board of County Supervisors to advise Council of its intention
to acquire the assets and indebtedness of the County Public Service Authority
and when any such acquisition may be expected to take place, upon certain terms
and conditions was this date received and filed and taken under advisement.
IN RE:
ANNEXATION
Mr. Beverly G. Young, resident of the annexed corridor area, appeared before
the Board regarding the annexation court order. Mr. Young requested that a
canmi ttee be formed fran the Board of Supervisors to meet with a carnni ttee from
the newly annexed areas to discuss the court order and to make sure that Roanoke
I
City is meeting the provisions of said court order.
Mr. Young was advised that the County already has a standing annexation
conmittee ccmprised of the County's Annexation Attorneys, County Executive
William F. Clark and County Attorney Edward A. Natt. Mr. Young was further
3-9-76
-','
j~
37
advised that if he or any of the other armexed citizens wish to discuss this
further that the County Executive or the County Attorney would be willing to do
so.
IN RE:
CLEARBROOK RESIDENTS - REQUEST FOR BEITER PROTECTION
I
Mr. Don Minnix, spokesman for a group of citizens frcm the Clearbrook area,
appeared before the Board and requested the County to provide better protection
against robbery and break-ins which have occurred in the neighborhood. Mr.
Minnix further urged the Board to build a new jail facility. Approximately 30
residents frcm the Clearbrook area were present at the meeting.
Corrmonwealth's Attorney John N. Lampros also requested the Board to proceed
rapidly with the construction of the new jail facility.
The Board assured Mr. Minnix that the County realizes the urgency of the
matter and steps are presently being taken to provide adequate facilities for
jailing. The Supervisors also stated that they would support the citizen
committee. Sheriff o. S. Foster also pledged his support and requested the
citizens to work with his department in insuring law and order in the cornnunity.
IN RE:
FRIENDSHIP MANOR REQUEST FOR BED ADDITION
I
Mr. David Lisk , Administrative Assistant at Friendship Manor, appeared
before the Board and requested Board's support for a 120-bed addition to the
Manor's Convalescent Center.
The report frcm the Regional Health Services Plarming Council, Inc. in favor
of Friendship Manor's request is filed with the minutes of this meeting.
IN RE:
RESOLUTION NO. 1445 EXPRESSING SUPPORT OF THE
BOARD OF COUNTY SUPERVISORS FOR THE REQUEST OF
FRIENDSHIP MANOR FOR A 120-BED EXPANSION OF THE
FRIENDSHIP MANOR CONVAIESCENT CENTER.
WHEREAS, Friendship Manor has heretofore requested the State Health Cornnis-
sioner and State Board of Health for a 120-bed expansion of the Friendship Manor
Convalescent Center; and
WHEREAS, the Board of County Supervisors of Roanke County has been advised
of the present need for additional facilities for convalescent care in the
I
Roanoke Valley and that Friendship Manor is prepared to provide such needs upon
certification granted by the State Health Carmissioner; and
WHEREAS, this Board is of opinion that it is in the best interests of
Roanoke County and of the entire Roanoke Valley that such certification be
granted.
-:
3-9-76
:1
NCW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County
Virginia, that said Board supports the request made by Friendship Manor to the
State Health Canmissioner and State Board of Health for the appropriate certifi-
cation for a l20-bed expansion of the Friendship ~~or Convalescent Center, said
expansion being necessary to provide for the needs of the citizens of the Roanoke
I
Valley.
BE IT FURTHER RESOLVED that the Clerk transmit a certified copy of this
resolution to the Governor of the Carmonwealth of Virginia, the State Health
Commissioner and the Roanoke Valley Regional Health Services Planning Council,
Inc.
On motion of Supervisor Dcxison and adopted by the unanimous voice vote of
the members present.
IN RE:
GARST MILL PARK
Mr. Dale Lundburg, resident of Bower Road, appeared before the Board
regarding alleged undesirable persons frequenting Garst Mill Park.
Sheriff o. S. Foster stated that the County has previously been successful
in alleviating similar situations at the Park and asked Mr. Lundburg to contact
area.
I
him directly and his deparbnent would work with the concerned citizens in the
IN RE:
ALCOHOL SAFETY ACTION PRCGRAM
Mr. Frank H. Mays, Planning Coordinator of the Virginia Alcohol Safety
Action Planning Group, appeared before the Board and requested the County to
express its interest and agreement to serve as the administrative/fiscal agent
for all local governments in the Fifth Planning District in future operation of
an Alcohol Safety Program.
Mr. Barry N. Lichtenstein, Attorney, also spoke ln favor of the proposed
program.
IN RE:
RESOLUTION NO. 1446 EXPRESSING THE INTEREST OF
THE BOARD OF COUNTY SUPERVISORS IN SERVING AS THE
AlliINISTRATIVE AND CASH FLCW AGENT FOR THE ALCOHOL
SAFETY ACTION PRCGRAM WITH THE CONDITION THAT THE
PROJECI' BE SELF-SUPPORTING OUT OF FEES COLLECTED
UNDER SECTION 18.2-271.1 OF THE CODE OF VIRGINIA
AND GRANTS FRCM THE HIGHWAY SAFETY DIVISION AND
WITHOUT ANY OBLIGATION ON BEHALF OF ROA...NOKE COUNTY
TO CONTINUE THE PROGRAM IF THESE CONDITIONS ARE NOT
MEr
I
WHEREAS, the Board of Supervisors of Roanoke County recognizes the increas-
lng alcohol safety problem created by the drinking driver; and
3-9-76
~:
39
WHEREAS, between 1972 and 1975 approximately 46% of fatally injured drivers in
the Fifth Planning District were drinking to some degree and 41% of fatally in-
jured drivers in the Fifth Planning District were legally intoxicated; and
WHEREAS, House Bill 1662 of the Code of Virginia provides the courts in the
area the option of referring those persons charged with driving under the influ-
I
ence to driver education and/or alcohol education and treatment programs, if an
approved program is available in the area; and
WHEREAS, Roanoke County has been approached by representatives of the Alcoho
Safety Planning Group in the area outlining the need for an operational Alcohol
Safety Action Program; and
WHEREAS, a unit of local government in the Fifth Planning District must serv
as the local administrative and cash flow agent for such a project.
New, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County expresses its interest in serving as the administrative and cash flow agen
for such project with the condition that the project be self-supporting out of
fees collected under Section 18.2-271.1 of the Code of Virginia and grants from
the Highway Safety Division and without any obligation on behalf of Raonoke Count
I
to continue the program if these conditions are not met.
On motion of Supervisors Myers and adopted by the following recorded vote:
AYES:
NAYS:
ABSENT :
Mr. Canpton, Mr. Dodson, Mr. Myers, Mr. Tanpkins
None
Mrs. Johnson
At 9:20 p.m., the Board took a brief recess.
At 9:30 p.m., the Supervisors returned to the Civic Center and the Board
reconvened in open session.
IN RE:
ITEMS REFERRED TO THE PIANNING COMMISSION
On the motion of Supervisor Myers and the unanirrous voice vote of the member
present, the following petitions were this date received, filed and referred to
the Planning Canmission for recorrmendation:
I
Petition of George M. Hill, et us, for rezoning 1.67 acres
located west of the City of Salem on the north side of U. S.
Route 11 from B-1 to R-l so that a residence may be constructed
thereon.
Petition of James L. and Flotie H. Atkins for rezoning one acre
located on Yellaw Mountain Road, approximately 1 1/2 miles south
of the City of Roanoke from RE to M-l so that a body and fender
shop may be constructed thereon.
Petition of Charles R. Simpson, Inc. to construct and operate a
place of public amusement as provided in Section 21-67 of the
County Code on property already zoned B-2 and located on the
north side of Brarnbleton Avenue, directly east of the property
occupied by Moore's Super Stores.
~
.....
4()
3-9-76
Petition of Donald J. and Charlotte H. Ridenhour for rezoning
property located on the north side of the intersection of Peters
Creek Road (Route 117) and Williamson Road (Route 11) from R-l
to B-2 in order that the zoning of this tract of land may confonn
wi th the remaining tract.
Petition of Andrew J. and Virginia H. Robertson for rezoning one
acre located on the south side of Valley Forge Avenue at its
intersection with U. S. Route 221 from B-2 to M-l so that the
present business (Robertson Sheet Metal Canpany) may be expanded.
IN RE:
CLEARBRCX>K PUBLIC SAFETY BUILDING - CCMMITI'EE TO
PIAN FOR DEDICATION CEREMONY
I
Acting Chairman Tanpkins appointed Chainnan Johnson, County Executive William
F. Clark and Mrs. Ruth Tear, Secretary in the Office of Fire and Emergency Service~
to serve along with representatives of the Clearbrook Volunteer Fire Deparbnent
and Rescue Squad to participate and develop appropriate plans for the dedication
ceremony for the County's new public safety building for fire and rescue in the
Clearbrook section.
The report on the Turnover Auidt as prepared by Daniel A. Robinson & Asso-
ciates, the County's Auditors, for the period July 1, 1975 to December 31, 1975
was received by the Board and is filed with the minutes of this meeting.
The report of the Director of Finance regarding Accounts Paid and the
the Board and are filed with the minutes of this meeting.
I
Financial Statement for the month of February, 1976, were for the information of
IN RE:
RESOLUTION NO. 1447 ACCEPTING THE BID OF STANDARD
REGIS'IER CCMPANY FOR THE PREPARATION OF TAX NOTICES
AND OTHER PARTIAL FORMS FOR USE BY THE FINA..NCE
DEPAR'IMENT WITH A TOTAL COST OF $3,744.50.
WHEREAS, funds were included in the 1975-76 budget for the printing of tax
notices and other partial fonns to be used by the Finance Department; and
WHEREAS, on Tuesday, March 2, 1976, four bids were received and opened in the
Office of the County Executive for the printing of various tax notices and other
fonns and the Finance Director and the County Purchasing Supervisor, in their
report dated March 9, 1976, recorrmended the award of the bid as hereinafter set
out, said bid being the lcwest and best bid received by the County fully meeting
the County's specifications for said fonns.
NCW", THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County
I
that the bid of Standard Register Company for tax notices and other partial fonns,
with a total cost of $3,744.50 be, and the same is hereby accepted, the County
Administrator to notify the bidder of the acceptance of said bid and to canplete
the necessary purchase order for said forms.
3-9-76
-
..
4, 1
On motion of Supervisor Dcx1son and adopted by the following recorded vote:
AYES:
NAYS:
ABSENI' :
Mr. Canpton, Mr. Dcx1son, Mr. Myers, Mr. Tarpkins
None
Mrs. Johnson
IN RE:
RESOLUTION NO. 1448 INDICATING THE BOARD'S CONCURRENCE
IN AND SUPPORr OF A REVISED BUIX;Er FOR THE DEPARTMENT
OF FINANCE FOR THE PERIOD JANUARY 1, 1976 THROUGH JUNE
30, 1976 AND REQUESTING APPROVAL OF THE STATE COMPEN-
SATION BOARD
I
WHEREAS, the voters of Roanoke County have heretofore approved the change to
the County Executive form of government for Roanoke County; and
WHEREAS, as the result of the change in the form of government, the responsi-
bilities and duties heretofore imposed upon the office of Treasurer and the office
of the Corrmissioner of the Revenue are assigned to the Department of Finance; and
WHEREAS, pursuant to the provisions of Chapter 13 of Title 15.1 of the Code
of Virginia, the State Canpensation Board is authorized to fund the Deparbnent of
Finance in the same manner as it previously funded the offices of the Treasurer anc
the Carmissioner of the Revenue; and
WEREAS, the Director of Finance of Roanoke County has prepared a budget for
the Department of Finance for the period corrmencing January 1, 1976 and terminatinc
I
June 30, 1976 and has requested approval of the State Canpensation Board for the
funding of the Department of Finance as set out in said proposed budget; and
WHEREAS, the Board of County Supervisors is of opinion that the budget as
prepared and submitted is appropriate in order to carry out all of the dui tes and
responsibilities imposed upon the Department of Finance and supports said request.
NCW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County
that said Board hereby concurs in and supports the filing of the budget for the
Department of Finance for the period January 1, 1976 through June 30, 1976 as set
out in a letter to the Executive Secretary of the State Canpensation Board dated
March 10, 1976 and requests the State Canpensation Board to fully fund said request
as such is necessary to carry on the functions required by the laws of the Common-
wealth of Virginia.
I
BE IT FURTHER RESOLVED that a certified copy of this resolution be sent to thE
State Canpensation Board.
On motion of Supervisor Myers and adopted by the following recorded vote:
AYES:
NAYS:
ABSENI' :
Mr. Canpton, Mr. Dcx1son, Mr. Myers, Mr. Tanpkins
None
Mrs. Johnson
~i'
'."~'i
i:,ii..."
3-9- 76
42
IN RE:
RESOLUTION NO. 1449 ESTABLISHING A NEW ROAD, SAID
ROAD BEGINNING AT A POINT ON ROUTE 688 ABOUT 1. 3
MILES SOUTHEAST OF ROUTE 221 AND THENCE EXTENDING
IN A SOUTHWES'IERLY DIRECI'ION ABOUT 0.13 MILE 'ill A
DEADEND WITH A 40 Foor RIGHT-OF-WAY
WHEREAS, this day appeared County Engineer heretofore appointed by this Board
to view the following road and the location thereof and make a report to wit:
A new road beginning at a point on Route 688 about 1. 3 miles
southeast of Route 221 and thence extending in a southwesterly
direction about 0.13 mile to a deadend with a 40 foot right-
of-way.
I
NCl'J, THEREFORE, BE IT RESOLVED that the County Engineer's report is approved
and it is hereby ordered that said road as described above be and is hereby estab-
lished as a public road to becane a part of the State Secondary System of Highways
in Roanoke County, the Board of Supervisors guaranteeing that right-of-way and
right of drainage, and it is further ordered that a certified copy of this resolu-
tion be furnished to the Resident Engineer of the Virginia Deparbnent of Highways
and Transportation having supervision and maintenance of State Secondary roads in
Roanoke County.
On motion of Supervisor Myers and adopted by the following recorded vote:
AYES:
NAYS:
ABSENT :
Mr. Canpton, Mr. Dodson, Mr. Myers, Mr. Tanpkins
None
Mrs. Johnson
I
IN RE:
HIGHWAY DEPARTMENT - REQUEST TO ACCEPT CERTAIN
STREET'S IN MONTGCMERY VIILAGE SUBDIVISION
On motion of Supervisor Myers and the unanimous voice vote of the members
present, the Virginia Deparbnent of Highways and Transportation was this date
requested to accept the following streets in Montgomery Village Subdivision,
Section 4, 5 and 7 into the State Secondary System of Highways in Roanoke County:
Cranwell Drive fran Finney Drive (Route 1043) to Pedigo Lane,
a distance of 0.19 mile
Pembrook Drive fran Finney Drive (Route 1043) to Pedigo Lane,
a distance of 0.20 mile
Pedigo Lane from Pembrook Drive to 0.04 mile north of Cranwell
Drive, a distance of 0.10 mile
Halifax Circle from 0.16 mile northwest of Howell Drive to end,
a distance of 0.11 mile
Cambridge Drive fran Finney Drive (Route 1043) to Pedigo Lane,
a distance of 0.21 mile
I
Pedigo Lane fran Cambridge Drive to Montgomery Circle, a distance
of 0.19 mile
Pedigo Circle from Pedigo Lane to end, a distance of 0.04 mile
3-9-76
~..
.1 ')
'.:1: t:.J
Montgomery Circle fran Beavers Lane to 0.04 mile southeast of
Pedigo Lane, a distance of 0.08 mile
Beavers Circle from Beavers Lane to end, a distance of 0.04 mile
Beavers Lane from Cambridge Drive to 0.11 mile southwest of Beavers
Circle, a distance of 0.17 mile
IN RE:
RESOLUTION NO. 1450 DESIGNATING THE NAMES OF
ROU'IE 696 SOUI'H OF ROUTE 221 AND CERTAIN PRIVA'IE
ROAIWAYS OFF ROUTE 696, SAID ROADS DESCRIBED AS
FOLLCWS:
I
WHEREAS, property owners on Route 696 fran Route 221 south to a deadend and
property owners along certain private roads leading in a westerly direction off
Route 696 have petitioned the Board of SUPerVisors to name said roads; and
WHEREAS, pursuant to Section 15.1-379 of the Code of Virginia, as amended,
the governing l::x:>dy of any county authorized and by resolution duly adopted may
name streets, roads and alleys therein outside the corporate limits of towns except
those primary highways conforming to Section 33.1-12 of the Code of Virginia.
NCW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County
that the follo..ving roads be and hereby are officially named and designated as
follCM1S:
I
1. Route 696 fran Route 221 south 0.80 mile to a deadend -
APPLEGROVE LANE
2 . Private road beginning at a point on Route 696 0.69 mile
south of Route 221 and extending 0.11 mile in a westerly
direction and 0.07 mile in a southerly direction for a total
distance of 0.18 mile - LODI LANE
3. Private road beginning on Lodi Lane 0.04 mile west of
Route 696 and extending 0.12 mile in a northerly direction -
PIPPIN LANE
4. Private road beginning on Lodi Lane 0.11 mile west of
Route 696 and extending 0.10 mile in a northwesterly
direction - STONE MOUNTAIN ROAD
BE IT FURTHER RESOLVED that a slong as said roads remain private roads and
not under the jurisdiction of the Virginia DePartment of Highways and Transporta-
tion the Board of Supervisors of Roanoke County shall incur no expenses in erectinq
or maintaining signs on said roads or maintaining the roads themselves.
On rrotion of Supervisor CCIl1pton and adopted by the following recorded vote:
I
AYES:
NAYS:
ABSENT :
Mr. CCIl1pton, Mr. Dodson, Mr. Myers, Mr. Tanpkins
None
Mrs. Johnson
IN RE:
RESOLUTION NO. 1451 REQUESTING THE STA'IE CCMPENSATION
BOARD TO APPROVE THE EMPLOYMENT OF ONE DEPUTY SHERIFF
IN THE ROANOKE COUNTY SHERIFF'S DEPARI'MENT TO SERVE
IN THE CAPACITY OF A CORRECTIONS OFFICER; SAID POSITION
--
."
.. {it.,. ..
3-9-76
"44
TO BE FILLED EFFECI'IVE APRIL 1, 1976; SAID DEPUTY SHERIFF
TO REPIACE DEPUTY SHERIFF CHRIS L. KRAGH WHO IS BEING
TRANSFERRED TO A COUNTY POLICE OFFICER POSITION AS OF
APRIL 1, 1976.
WHEREAS, under the recent guidelines established by the State Canpensation
Board pursuant to the directive of the Governor relating to employment of person-
nel is constitutional offices, no replacement for positions which became vacant
I
may be employed without the consent of the State Canpensation Board; and
WHEREAS, Deputy Sheriff Chris L. Kragh is being transferred from his position
as a corrections officer to a County police officer as of April 1, 1976 and the
Sheriff has requested that the Board of County Supervisors request approval for a
replacement, in which request the Board concurs.
NCW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County
that said Board hereby requests the State Compensation Board to approve the
employment of one deputy sheriff in the Roanoke County Sheriff I s Department to
serve in the capacity of a corrections officer; said position to be filled effec-
tive April 1, 1976; said deputy sheriff to replace Deputy Sheriff Chris L. Kragh
who is being transferred to a County police officer position as of April 1, 1976.
BE IT FURI'HER RESOLVED that the Clerk transmit a certified copy of this
I
resolution to the State Compensation Board.
On notion of Supervisor Myers and adopted by the following recorded vote:
AYES:
NAYS:
ABSENT :
Mr. Canpton, Mr. Dodson, Mr. Myers, Mr. Tompkins
None
Mrs. Johnson
The statement of travel expenses incurred by the Sheriff I s Departrrent for the
nonth of January, 1976 was received by the Board and is filed with the minutes of
this meeting.
IN RE:
RESOLUTION NO. 1452 RESCINDING RESOLUTION NO.
1301 PREVIOUSLY ADOPTED BY THE BOARD OF COUNTY
SUPERVISORS REIATING TO THE CDNSTRUcrION OF A
JOINTLY-CWNED JAIL FACILITY WITH THE CITY OF
ROANOKE AND REQUESTING THE CITY OF ROANOKE TO
JOIN WITH THE CITY OF SALEM, CRAIG COUNTY AND
THE COUNTY OF ROANOKE IN THE LOCATION OF A
REGIONAL JAIL FACILITY ON A SITE LOCATED AT THE
INTERSEcrION OF 1-81 AND ROUTE 419 IN ROANOKE
COUNTY; THE CITY BEING RESPECTFULLY REQUESTED
TO INDICATE ITS INTEREST IN SUCH AT AN FARLY
DATE
I
WHEREAS, the Board of Supervisors did, on August 27, 1975, adopted Resolution
No. 1301 in which said Board indicated an interest in locating the County govern-
mental complex in dOtmtOtm Roanoke City provided, among other things, that the
Federal building could be obtained at a reasonable cost; and
3-9-76
..~
45 .
I
WHEREAS, said resolution further requested the City of Roanoke to proceed
with working drawings for a jointly-awned jail facility and indicated the County's
agreement to pay its proportionate share of the said costs; and
WHEREAS, since the adoption of said resolution, the Board of Supervisors has
reviewed all aspects of the proposed regional jail together with consideration of
a County canplex and has further authorized an agreement with the City of Salem
providing for the construction of a joint jail on a site heretofore selected by
the Board of Supervisors; and
WHEREAS, the Board of Supervisors is of opinion that Resolution 1301 should
be rescinded.
NCW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County
that Resolution No. 1301 stating Roanoke County's proposal regarding a jointly-
owned and jointly-operated jail with the City of Roanoke heretofore adopted on
August 27, 1975, be, and the same is hereby rescinded in its entirety.
BE IT FURI'HER RESOLVED that said Board hereby respectfully requests the City
of Roanoke to join with the City of Salem, Craig County and the County of Roanoke
in the location of a regional jail facility on a site located at the intersection
of 1-81 and Route 419 in Roanoke County; the City being respectfully requested to
indicate its interest in such at an early date.
BE IT FINAIJ.,Y RESOLVED that a certified copy of this resolution be transmittec
to the Clerk of the City Council of the City of Roanoke, Virginia.
On rrotion of Supervisor Hyers and adopted by the unanirrous voice vote of
the members present.
I
IN RE:
AIRPORT
I
Supervisor Canpton rroved that the Board adopt a proposed resolution including
the statement that Roanoke Municipal Airport (Woodrum Field) currently adequately
serves the needs of the citizens of Roanoke County and the Roanoke Valley.
Prior to the vote on the above motion, several County residents and other
interested citizens conmented on the proposed expansion of Woodrum Field.
Mr. Ralph Schofield, County resident, presented a report to the Board regard-
ing the dangers of the noise level to residential areas surrounding the Airport,
which report is filed with the minutes of this meeting.
Messrs. M. Kessler and K. C. Wiles, residents of the vicinity of the Airport,
expressed concern and opposition to any further expansion of Woodrum Field.
~
~.
3-9-76
Mr. Richard BurrOlN, proj ect ~1anager of the Blue Ridge Air Transportation
Study, stated that the Federal Aviation Administration will not consider any
extension of Woodrum Field until said Study is completed.
The motion made by Supervisor Campton to adopt the proposed resolution regard
ing Woodrum Field was defeated by the follOlNing recorded vote:
AYES:
NAYS:
ABSENI' :
Mr. Campton
Mr. Dodson, Mr. Myers, Mr. Tampkins
Mrs. Johnson
I
It was the consensus of the Supervisors that existing resolutions previously
adopted by the Board sufficiently covered the subject.
On the motion of Supervisor Dodson and the unanimous voice vote of the
members present, the proposed resolution incorporating certain Employee Carmittee
recamnendations into the County's personnel policies and procedures was continued
to the March 23, 1976 meeting of the Board.
This concluded the business before the Board at this time, and on the motion
of Supervisor Dodson and the unanimous voice vote of the members present, the
meeting was adjourned at 10:35 p.m.
I
I
I