11/9/1976 - Regular
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351
Salem-Roanoke Valley Civic Center
Salem, Virginia
November 9, 1976
7:00 P.M.
The Board of County Supervisors of Roanoke County, Virginia, met this day
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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.
Members Present: Chairman May W. Johnson, Vice-Chairman E. Deal
Tompkins, R. Wayne Compton, C. Lawrence Dodson and Robert E. Myers.
Chairman Johnson called the meeting to order at 7:00 p.m. and recognized
Reverend Barnard P. Edwards, First Christian Church of Salem, 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 Myers and the unanimous voice vote of the
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Board, the minutes of the regular meeting of October 26, 1976 were approved as
spread.
IN RE:
UNITED WAY CAMPAIGN
Mr. Alfred C. Anderson, Supervisor, Division of Collections, recognized
County Attorney Edward A. Natt for leading the United Way campaign in Roanoke
County.
IN RE:
APPLICATION OF CARLIE M. WRIGHT FOR A SPECIAL
EXCEPTION TO PARK A MOBILE HOME ON A TWO-ACRE
TRACT PRESENTLY OWNED BY OLD DOMINION HOMES
(TO BE PURCHASED BY APPLICANT) AND LOCATED ON
THE NORTH SIDE OF STATE ROUTE 910, 0.5 MILE
WEST OF STATE ROUTE 778 IN THE DIXIE CAVERNS
AREA
CONTINUED
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In relation to the above request, Mr. Car lie M. Wright was present at
the hearing. Mr. Jennings T. Bird, Attorney, appeared in opposition. Mr. Bird
stated that the applicant was not complying with the County Zoning Ordinance as
it pertains to mobile homes since he doesn't own the land. Mr. Wright advised
that he had put a deposit on the land with the intention of purchasing it if the
permit is approved by the Board. Mr. Bird further stated that, in his opinion, it
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seems to be the intent of Old Dominion Homes to develop a mobile home court withou
actually complying with the County Zoning Ordinance as it pertains to mobile home
courts.
Supervisor Myers moved that the application of Car lie M. Wright be
approved subject to the provisions of the County Zoning Ordinance as it pertains
to mobile homes.
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The public hearing was continued to the November 23, 1976 Board meeting
due to the following recorded tie vote:
AYES:
Mr. Dodson, Mr. Myers
NAYS:
Mr. Compton, Mr. Tompkins
ABSTAINING:
Mrs. Johnson
IN RE:
APPLICATION OF MRS. C. B. WHEELER FOR A SPECIAL
EXCEPTION TO PARK A MOBILE HOME ON A 0.75-ACRE
TRACT LOCATED ON THE NORTH SIDE OF SOUTH MOUNTAIN
DRIVE (STATE ROUTE 875), 0.15 MILE EAST OF STARKEY
ROAD (STATE ROUTE 904) IN THE BUCK MOUNTAIN AREA
APPROVED
Supervisor Myers moved that the renewal application of Mrs. C. B.
Wheeler be approved effective this date subject to the provisions of the County
Zoning Ordinance as it pertains to mobile homes.
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The motion was adopted by the unanimous voice vote of the Board.
No one appeared for or against the request and the Supervisors granted
approval since this was a renewal application.
NOTE:
The property is currently zoned R-3 and is less than one acre.
IN RE:
ORDINANCE NO. 1655 AMENDING THE ROANOKE COUNTY CODE BY THE ADDITION OF A
NEW SECTION NO. 19-5.2 ENTITLED FILING DATE FOR TANGIBLE PERSONAL PROP-
ERTY TAX RETURN; PENALTY FOR FAILURE TO FILE
WHEREAS, the Board of County Supervisors of Roanoke County deems certain
amendments to the Roanoke County Code to be necessary in the best interests of the
health, safety and general welfare of the citizens of Roanoke County; and
WHEREAS, a Notice of Intention to amend the Roanoke County Code as pro-
posed, and Public Hearing thereon, have been advertised and posted in accordance
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with law.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Supervisors of
Roanoke County that the Roanoke County Code be amended as follows:
Chapter 19
Taxation
Sec. 19-5.2. Filing date for tangible personal property tax return; penalty for
failure to file.
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S'5,~
Returns for tangible personal property shall be filed with the Director
of Finance on or before May 1 of the year for which the tax is to be assessed. Any
person who shall fail to file such return on or before May 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 10% of the tax due for such tangible personal property, provided however
that should 10% of the tax due be less than $2.00, a minimum payment of $2.00 shall
be assessed; provided further than in no case shall the payment exceed $10.00.
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This amendment to take effect on November 9, 1976.
On motion of Supervisor Myers and adopted by the following recorded vote:
AYES:
Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson
NAYS:
None
IN RE:
ORDINANCE NO. 1656 AMENDING THE ROANOKE COUNTY CODE BY THE ADOPTION OF A
NEW SECTION NUMBERED 8.2-1
WHEREAS, the Board of County Supervisors of Roanoke County deems certain
amendments to the Roanoke County Code to be necessary in the best interests of the
health, safety and general welfare of the citizens of Roanoke County; and
WHEREAS, a Notice of Intention to amend the Roanoke County Code as pro-
posed, and Public Hearing thereon, have been advertised and posted in accordance
with law.
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NOW, THEREFORE, BE IT ORDAINED by the Board of County Supervisors of
Roanoke County that the Roanoke County Code be amended as follows:
Chapter 8.2
Fire Protection
Sec. 8.2-1. Regulating the burning of woods, brush, etc.; penalties -
(a) It shall be unlawful for any owner or lessee of land to set fire to,
or to procure another to set fire to, any woods, brush, logs, leaves, grass, debris,
or other inflammable material upon such land unless he previously shall have taken
all reasonable care and precaution, by having cut and piled the same or carefully
cleared around the same, to prevent the spread of such fire to lands other than
those owned or leased by him. It shall also be unlawful for any employee of any
such owner or lessee of land to set fire to or to procure another to set fire to
any woods, brush, logs, leaves, grass, debris, or other inflammable material, upon
such land unless he shall have taken similar precautions to prevent the spread of
such fire to any other land.
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(b) During the period beginning March first and ending May fifteenth of
each year, even though the precautions required by the foregoing paragraph shall
have been taken, it shall be unlawful, for any person to set fire to, or to procurE
another to set fire to, any brush, leaves, grass, debris or field containing dry
grass or other inflammable material capable of spreading fire, located in or withir
three hundred feet of any woodland or brushland, except between the hours of four
o'clock post meridian and twelve o'clock midnight.
(c) The provisions of subsection (b) of this section shall not apply to
any fires which may be set on rights of way of railroad companies by their duly
authorized employees.
(d) Any person violating any provisions of this section shall, upon con
viction be fined not less than ten or more than one hundred dollars for each sepa-
rate offense. If any forest fire shall originate as a result of the violations by
any person of any provision of this section, such person shall, in addition to the
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354
above penalty, be liable to the State and to the county for the full amount of all
expenses incurred by the State and the county respectively in suppressing such fire
such amounts to be recoverable by action brought by the State Forester in the name
of the Commonwealth on behalf of the Commonwealth and by the board of supervisors
on behalf of the county.
This amendment to take effect on November 9, 1976.
The foregoing ordinance was adopted on motion of Supervisor Tompkins and
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the unanimous voice vote of the Board.
IN RE:
PETITION OF TIME-OUT FAMILY AMUSEMENT CENTER OF SPRINGFIELD, INC.
The petition of Time-Out Family Amusement Center of Springfield, Inc. for
a permit pursuant to Section 21-67(6) of the County Code to continue to operate an
amusement center on the upper level of Tanglewood Mall was before the Board. The
Board was advised that the item could be referred to the Planning Commission for
review and recommendation, or could be set for public hearing by the Board. The
previous permit issued December 10, 1974 expires on January 15, 1977.
The County Executive was directed to notify the applicant that the matter
may be advertised for a public hearing before the Board in accordance with the Code
of Virginia, without the necessity of appearing before the Planning Commission.
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IN RE:
INCREASED WATER RATES BY TOWN OF VINTON
Mr. John G. Seibel, Vinton area resident and former member of the Board
of Supervisors, appeared before the Board regarding increased water rates imposed
upon County residents by the Town of Vinton. Mr. Seibel requested that the County
join with the affected residents in obtaining relief from the increased rates.
Supervisor Tompkins moved that the County Attorney be authorized and
directed to enter into the case on behalf of the East County citizens should it
become necessary for the citizens to go to court against the Town of Vinton over
increased water rates.
The motion was adopted by the following recorded vote:
AYES:
Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson
NAYS:
None
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IN RE:
COUNTY-WIDE WATER SYSTEM STUDY, PHASE II REPORT
Supervisor Tompkins moved that the Board refer the report from Langley,
McDonald, and Overman concerning further improvements of water utility systems
related to the development of a County-wide water system to the Public Service
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Authority for recommendation and report back to the Board on what can and should be
implemented.
The motion was adopted by the unanimous voice vote of the Board.
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IN RE:
RESOLUTION NO. 1657 APPROVING A CHANGE IN THE DELEGATION AGREEMENT FOR TH
MANPOWER SERVICES ADVISORY COMMITTEE
WHEREAS, the Board of County Supervisors has heretofore approved an agree
ment providing for the creation of an Advisory Committee to the Manpower Services
Council, which Committee was to make recommendations to the Policy Board of the
Roanoke Consortium for Manpower Services; and
WHEREAS, an amendment to said agreement has been proposed which would
increase the Advisory Committee from 25 to 30 members in order to include repre-
sentatives from all necessary agencies; and
WHEREAS, the Board desires to approve said amendment in order to provide
for the proper operation of said Committee.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of
Roanoke County that said Board hereby approves an amendment to the agreement here-
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to fore approved creating an Advisory Committee for the Roanoke Council for Manpower
Services, said amendment increasing the size of said committee from 25 to 30 member
On motion of Supervisor Compton and adopted by the unanimous voice vote
of the Board.
IN RE:
AUDIT REPORTS
The audit report for the fiscal year ended June 30, 1976 and the audit
on the County's revenue sharing funds for last fiscal year and the audit report fo
the Collector of Delinquent Accounts for the same period, prepared by Daniel A.
Robinson and Associates; along with the report on turnover of assets and liabiliti s
of the Roanoke County Public Service Authority, Water Division, to Roanoke County
as prepared by Anderson and Reed were received by the Board and are filed with the
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minutes of this meeting.
IN RE:
AMENDMENT TO GENERAL APPROPRIATION RESOLUTION NO. 1658
On motion made by Supervisor Dodson, the General Appropriation Resolutio
of Roanoke County, Virginia, adopted June 8, 1976, be, and the same is hereby,
amended as follows to become effective November 9, 1976:
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956
DESCRIPTION
ACCOUNT NUMBER
Class:
Fund:
Department:
Object:
Expenditures
General Operating
Annexation
Miscellaneous Expenses
INCREASE
(DECREASE)
6-03l8D-399
$
146
Department:
Object:
Contingent Balance
Unappropriated Balance
6-0399A-999
(146)
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Adopted by the following, recorded vote:
AYES:
Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson
NAYS:
None
IN RE:
RESOLUTION NO. 1659 AUTHORIZING THE EXECUTION OF A DEED QUIT-CLAIMING ALL
RIGHT, TITLE AND INTEREST IN A 25-FOOT PUBLIC UTILITY EASEMENT ADJACENT
TO SECTION 7 OF HUNTING HILLS
WHEREAS, the developers of Hunting Hills have heretofore prepared a plat
of Section 7 of said subdivision, which plat includes a 25-foot public utility
easement adjacent to Lot 5, Section 7 of said subdivision; and
WHEREAS, the developers of said subdivision are preparing a revised plat
of Section 7 and in concurrence therewith are requesting the Board of County Super-
visors to quit-claim all right, title and interest in said 25-foot public utility
WHEREAS, the County Engineer has advised that said public utility easemen
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easement; and
is not needed for any purpose of the County and the developers have indicated that
means are available to provide utilities to the properties affected; and
WHEREAS, the Board at the request of the property owner, deems it advis-
able to quit-claim and release all of its right, title and interest in said public
utility easement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of
Roanoke County that the Chairman and the Clerk be, and they hereby are authorized
and directed to execute on behalf of the Board of County Supervisors of Roanoke
County a deed approved by the County Attorney quit-claiming and releasing all right
title and interest in a certain 25-foot public utility easement adjacent to Lot 5,
On motion of Supervisor Myers and adopted by the unanimous voice vote of
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Section 7, Map of Hunting Hills.
the Board.
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357
IN RE:
LIVESTOCK CLAIM - MR. JAMES L. MARTIN - DENIAL
Supervisor Tompkins moved that the Board concur with the recommendation
of the Director of Finance and deny the Livestock Claim of James L. Martin in the
amount of $11.88 for four rabbits killed by wild dogs since there was no indication
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(for the purpose of taxation or otherwise) that the rabbits were being raised for
ultimate sale.
The motion was adopted by the unanimous voice vote of the Board.
The computer print out on the previous month's expenditures was for
information of the Supervisors and is filed in the office of the Director of
Finance.
IN RE:
RESOLUTION NO. 1660 AUTHORIZING A LEASE PURCHASE AGREEMENT FOR MICROFILM
EQUIPMENT
WHEREAS, funds are available from the sale of the Burroughs L-4000
Bookkeeping Machine, which was approved by the Board, for Microfilm Equipment; and
1~EREAS, the Finance Department has been neogitating for the lease pur-
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chase of microfilm equipment with several dealers. The best price for the type of
equipment required was with Three M Business Products, Inc., in the total amount
of $5,131.95. This includes all necessary equipment, lens, work stations, both
camera and reader printer for reproducing the film back to hard copy. The lease i~
for three years payable at $176.54 per month and will include a clause allowing fo
cancellation on June 30, 1977 in the event money is not available in the 1977-78
budget to continue the lease.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of
Roanoke County that said Board hereby approves the lease purchase agreement for
microfilm equipment with Three M Business Products, Inc., in the total amount of
$5,131.95, for three years payable at $176.54 per month.
BE IT FURTHER RESOLVED that the County Executive notify Three M Business
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Products, Inc. of the acceptance of said lease and to complete the necessary con-
tract for the same.
On motion of Supervisor Tompkins and adopted by the following recorded
vote:
AYES:
Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson
NAYS:
None
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958'
IN RE:
RESOLUTION NO. 1661 AUTHORIZING THE PURCHASE OF REPLACEMENT UNITS FOR
RCA EQUIPMENT
WHEREAS, funds are available in the grant account 660056-399 to purchase
replacement units for RCA equipment on a sole source basis; and
WHEREAS, the Sheriff's Department has received authority, from L.E.A.A.
WHEREAS, RCA Mobile Communications Systems, 1901 N. Moore Street, Arling
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to purchase replacement units for RCA equipment on a sole source basis; and
ton, Virginia has replacement parts available for the sum of $6,470.40.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of
Roanoke County, Virginia, that said Board hereby approves the purchase of replace-
ment units for RCA equipment on a sole source basis in the amount of $6,470.40 fro
RCA Mobile Communications Systems, 1901 N. Moore Street, Arlington, Virginia.
On motion of Supervisor Tompkins and adopted by the following recorded
vote:
AYES:
Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson
NAYS:
None
IN RE:
RESOLUTION NO. 1662 AUTHORIZING A SINGLE SOURCE PURCHASE PARTS FOR
PACKER
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WHEREAS, funds are included in the 1976-77 budget under line item
6-03l0G-2l5A for the purchase of a "side load packing ejecting cylinder" for an
"E-Z Pack" garbage truck for use by the Department of Public Works; and
WHEREAS, Cavalier Equipment Corporation of Roanoke, Virginia, is the sol
distributor and has the packer available for the sum of $3,092.00 plus freight.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of
Roanoke County, Virginia, that said Board hereby approves the purchase of a "side
load packing ejecting cylinder" in the amount of $3,920.00 from Cavalier Equipment
Corporation, Roanoke, Virginia.
On motion of Supervisor Tompkins and adopted by the following recorded
vote:
NAYS:
None
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AYES:
Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson
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IN RE:
HIGHWAY DEPARTMENT - REQUEST TO ADD STREETS IN CANTERBURY HILLS SUBDIVI-
SION TO STATE HIGHWAY SYSTEM
On the motion of Supervisor Dodson and the unanimous voice vote of the
Board, the Virginia Department of Highways and Transportation was this date request d
to accept the following streets in Canterbury Hills Subdivision into the State
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Secondary System of Highways in Roanoke County:
Lakeland Drive from 0.04 mile north of Canter Drive to 0.07 mile south of
Canter Drive, a distance of 0.11 mile.
Canter Drive from 0.05 mile east of Lakeland Drive to 0.11 mile west of
Lakeland Drive, a distance of 0.16 mile.
IN RE:
ANNUAL FINANCIAL REPORT - PUBLIC SERVICE AUTHORITY
The Annual Financial Report of the Roanoke County Public Service Authorit
for the year ended June 30, 1976, was received by the Board and is filed with the
minutes of this meeting.
IN RE:
JAIL FACILITIES
Chairman Johnson advised the Board that the County is in receipt from
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Roanoke City Clerk a communication transmitting copy of Reso-ution No. 23353,
adopted by Roanoke City Council, expressing the willingness of Council to discuss
with the County joint use of jail facilites to be constructed in the City of
Roanoke. The Board took the matter under advisement.
The Supervisors scheduled a meeting to be held in the conference room
of the County Executive's office on Tuesday evening, November 30, 1976 at 7:00 p.m.
to discuss jail and necessary facilities for County use.
IN RE:
SELECTION PROCESS OF ROANOKE COUNTY SCHOOL BOARD MEMBERS
Mr. Ralph W. Hart, President, Roanoke County Council of P.T.A. IS, appearEd
before the Board and presented the official resolution adopted by 21 out of 22
school P.T.A. 's regarding establishment of a procedure to be followed in the
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selection of County School Board members. A full copy of the resolution is filed
with the minutes of this meeting. Mr. Hart further requested that a committee be
appointed to study the situation.
Supervisor Tompkins moved that the Chairman be authorized to appoint a
committee to investigate and study methods of selecting County School Board
members and report back to the Board for its consideration. The motion was
adopted by the unanimous voice vote of the Board.
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The Chairman appointed the following persons to serve on the committee:
Mr. Ralph W. Hart, President of the Roanoke County Council of P.T.A. IS; County
Attorney; Supervisor R. Wayne Compton; Mrs. Ann Bickel, Vice-President of the
League of Women Voters; and one member from the Roanoke County School Board (to
be selected by the School Board).
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IN RE:
AIRPORT ADVISORY COMMISSION
The communication from Roanoke City Mayer Noel C. Taylor transmitting
Ordinance No. 23268, adopted by Roanoke City Council, inviting the County to
appoint a representative to serve as a liaison member on the Airport Advisory
Commission was before the Board.
Chairman Johnson nominated Mr. Ray B. Renegar, retired Lieutenant-
Colonel in the Air Force.
Vice-Chairman Tompkins nominated Dr. W. W. Joness, a Dentist in the
Vinton area.
Supervisor Dodson moved that the above-mentioned communication and
ordinance be received and filed. The motion was adopted by the following recorded
vote: II
AYES:
Mr. Compton, Mr. Dodson, Mr. Myers,
NAYS:
Mr. Tompkins, Mrs. Johnson
IN RE:
DISPOSAL OF STRAY DOGS
Mrs. Lela Spitz, Chairman of the committee appointed to investigate and
study disposal of stray dogs, appeared beofre the Board and submitted the
committee's recommendations concerning the subject. A full copy of the committee
report is filed with the minutes of thiss meeting.
The Board also received a communication from Edward E. Thompson, D.V.M.,
retired veterinarian, regarding the subject, which communication is filed with the
minutes of this meeting.
Before taking final action to set County policy on the disposal of
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surplus dogs from the County pound, the Supervisors felt it would be appropriate
to ask for opinions from other Valley veterinarians. It was also the consensus
of the Supervisors that more time was needed to review the committee report.
On the motion of Supervisor Myers and the unanimous voice vote of the
Board, consideration of setting County policy on disposal of stray dogs was
continued to the November 23, 1976 Board meeting.
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36 I I
The concluded the business before the Board at this time, and on the
motion of Supervisor Tompkins and the unanimous voice vote of the members, the
meeting was adjourned at 9:40 p.m.
I CHAIRMAN
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