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12/14/1976 - Regular 12-14-76 3~'7 Salem-Roanoke County Civic Center Salem, Virginia December 14, 1976 7:00 P.M. The Board of County Supervisors of Roanoke County, Virginia, met this I 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. Mmembers 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 7:05 p.m. and recognized Reverend George Orser, Southview United Methodist Church, who offered the invoca- tion. 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 I Board, the minutes of the regular meeting of November 23, 1976, were approved as spread. IN RE: REQUEST OF MS. REBA SMITH FOR A SPECIAL EXCEPTION TO OPERATE A ONE-CHAIR BEUTY SHOP IN A HOUSE TO BE BUILT AT 1002 STARMONT AVENUE, DEER RUN ESTATES, PURSUANT TO THE PROVISIONS OF SECTION 21-1 OF THE ROANOKE COUNTY CODE PERTAINING TO HOME OCCUPATION DENIED Ms. Smith was present at the hearing. Mr. William A. Gates, developer of Deer Run Estates, spoke in opposition to the request. Mr. Gates stated that he objected to any business being conducted in the subdivision. Supervisor Myers also advised that he had a call from Mr. Earl Fisher, property owner, also objecting to any business coming into the neighborhood. This concluded the public hearing, and Supervisor Myers moved that the I request of Ms. Reba Smith be denied since this proposed use of the land would be incompatible with the sourrounding area. The motion was adopted by the following recorded vote: AYES: Mr. Dodson, Mr. Myers, Mrs. Johnson NAYS: Mr. Compton, Mr. Tompkins 12-14-76 378 IN RE: REZONING OF LOTS OR PARCELS OF REAL ESTATE LYING AND BEING SITUATE NEAR GLENVAR, IN ROANOKE COUNTY, BEGINNING AT A POINT \VHICH IS APPROXIMATELY 350 FEET NORTH OF U.S. HIGHWAY #11, IN THE SUBDIVISION OF THE LANDS OF W. R. CROSS, AND BEING THE PROPER- TIES OF WOODIE HAMES MARTIN, ET VIR, ET ALS FINAL ORDER NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Supervisors 1950, as amended, the parcels of land hereinafter-described be, and the same are I of Roanoke County that, pursuant to SECTION l5.l-482(b) of the Code of Virginia, hereby REZONED from "Mobile Home Courts District, R-4" to "Residential District, R-l", which said lots or parcels of real estate are lying and being situate in the County of Roanoke, Virginia, and are situate in the lands of the subdivision of W. R. Cross, near Glenvar, and beginning at a point which is approximately 350 fee north of U.S. Highway #11, and more particularly described as follows, to-wit: PROPERTY OF THE ESTATE OF J. WOODIE MARTIN, DEC'D BEING lots numbered five (5) and Nine (9), as shown on plat of lands of W. R. Cross Subdivision, which lots are now owned by Woodie James Martin, Thomas O. Martin and Lois Martin McKinney, the heirs at law of said dec'd person; and PROPERTY OF WOODIE JAMES MARTIN, ET UX BEING lot numbered Seven (7) as shown on the aforementioned plat; and PROPERTY OF THOMAS O. MARTIN, ET UX I BEING lot numbered six (6) as shown on the aforementioned plat; and PROPERTY OF W. W. AUSTIN, ET UX BEING lot numbered four (4) as shown on the aforementioned plat; and PROPERTY OF MICHAEL WAYNE HALL, ET UX BEING lot numbered eight (8) as shown on the aforementioned plat; and PROPERTY OF OLA M. CROUSE, ET VIR BEING lot numbered ten (10) and the major part of lot numbered eleven (11) and a small part of lot numbered twelve (12), as shown on the aforementioned plat; and BE IT FURTHER RESOLVED AND ORDERED that this ORDER be spread on the official records of the Board of Supervisors of the County of Roanoke, Virginia, by the Clerk of said Board, and that the Clerk further furnish a certified copy of this resolutionmd order to the Secretary of the Planning Commission for the I County of Roanoke, Virginia, who is hereby directed to change all official maps of the County of Roanoke to reflect said rezoning, and that an additional certified copy hereof be sent to Harlin Perrine, 412 East Clay Stree, Salem, Virginia, counsel for said Petitioners. The above ORDER was adopted on motion of Supervisor Myers, and the following recorded vote: AYES: NAYS: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson None 12-14-76 379. IN RE: APPLICATION TO USE CERTAIN BUILDING SPACE AT 4001-4299 AVENHAM AVENUE, SW FOR PURPOSES OF A PUBLIC AMUSEMENT FINAL ORDER NOW, THEREFORE, BE IT RESOLVED and ORDERED that at this meeting of the Board of Supervisors of Roanoke County, Virginia, held on the 14th day of December, 1976, the said application and petition be, and the same are hereby approved so as I to permit Time-Out Family Amusement Center of Springfield, Inc., to use storespace on the upper level of Tanglewood Mall in Roanoke County as a coin-operated amuse- ment and recreation center, (a) The business for which this permit is granted shall be closed each day by 10:00 P.M. or at such time as Tanglewood Mall closes. (b) The permit hereby granted shall continue for an indefinite period of time subject to review and revocation by the Board for good cause. BE IT FURTHER RESOLVED and ORDERED that the Clerk of this Board shall forthwith certify a copy of this resolution and order to Eggleston & Glenn, attorneys for petitioners. The foregoing resolution was adopted on motion of Supervisor Myers, and on the recorded vote, the Supervisors voted as follows, to-wit: I AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson NAYS: None IN RE: PROPOSED REZONING OF TWO (2) PARCELS OF LAND, CON- TAINING .4461 ACRES, MORE OR LESS, ON THE NORTH SIDE OF VIRGINIA ROUTE NO. 419, ADJACENT TO RALPH D. BARNHART, R. D. LONG, FLORENCE D. BATEMENT AND OTHERS, ALL LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT, ROANOKE COUNTY, VIRGINIA FINAL ORDER NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that the Zoning Ordinance of the County of Roanoke be, and the same hereby is, amended to reclassify on the Zoning Map of Roanoke County, Virginia, from "Residential District, R-l" to "Business District, B-1" as defined by the ordinance, those parcels of land, lying and being in the County of Roanoke, State of Virginia, and more particularly described as follows: I PARCEL I BEGINNING at a concrete monument situated 311.79 feet from a point on the common property line dividing the property of Ralph D. Barnhart and the remaining portion of Lot 7, Map of Grove1awn, which said Beginning Point is on the northerly side of Virginia Route No. 419; thence N 640 25' E 144.32 feet to a point; thence S 250 35' E 100.00 feet to a point marked by an iron pin; thence N 610 23' 50" W 246.63 feet to the place of BEGINNING, and being the remaining portion of Lot 7, Map of Grove1awn, and being as shown on a Map made by Jack G. Bess, Certified Land Surveyor, dated December 28, 1973. 12-14-76 ,,8/0 PARCEL II BEGINNING at a concrete monument situated 311.79 feet from a point on the common property line dividing the property of Ralph D. Barnhart and the remaining portion of Lot 7, Map of Grovelawn, which said point is on the northerly side of Virginia Route No. 419; thence N 640 25' E 114.32 feet to a point, the PLACE OF ACTUAL BEGINNING; thence N 640 25' E 50.00 feet to a point marked by an iron pin; thence S 250 35' E 100.00 feet to a point marked by an iron pin; thence S 640 25' W 50.00 feet to a point marked by an iron pine; thence N 250 35' W 100.00 feet to a point marked by an iron pin to the PLACE OF ACTUAL BEGINNING, and being as shown on a Map made by Jack G. Bess, Certified Land Surveyor, dated December 28, 1973, I BE IT FINALLY ORDAINED that the Clerk of this Board forthwith attest two (2) true copies of this Ordinance and deliver them to the Secretary of the Plannin Commission of the County of Roanoke and to Burton L. Albert, Esq., counsel for the petitioner, respectively. The above Ordinance was adopted on motion of Supervisor Dodson, and the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson NAYS: None IN RE: BINGO PERMIT - ROANOKE MOOSE LODGE NO. 284 Mr. Bruce Bloodworth, Governor of the Lodge, was present at the meeting. I There being no opposition to the request, Supervisor Myers moved that the application of Roanoke Moose Lodge No. 284 for a bingo permit be approved effective this date for a period of one year. The motion was adopted by the unanimous voice vote of the Board. IN RE: REQUEST FOR EXTENSION OF EMPLOY}1ENT - BILLY K. MUSE The request of Mr. Billy K. Muse, former Commissioner of the Revenue, for the Board's consideration to extending his employment with Roanoke County for an additional year beginning January 1, 1977 was before the Board this date. Supervisor Myers stated that Mr. Huse had dedicated many years of service to Roanoke County, and moved that the request be approved. The motion was defeated by the following recorded vote: I AYES: Mr. Myers NAYS: Mr. Compton, Mr. Dodson, Mr. Tompkins, Mrs. Johnson Chairman Johnson stated that she voted against the request since it woul set a precendent and that the Board should abide by its previously adopted policy of mandatory retirement at age 65. 12-14-76 :881 IN RE: REQUEST FOR FUNDS - WESTERN VIRGINIA EMERGENCY MEDICAL SERVICES COUNCIL, INC. Dr. John M. Garvin, President, Western Virginia Emergency Medical Service Council, Inc., appeared before the Board and requested a contribution from the County in the amount of $2,500. I Chairman Johnson urged the Supervisors to favorably consider this request Mrs. Johnson asked Dr. Garvin if this would be the only request for funds. Dr. Garvin stated that "this is a one-time request in order to enable the agency to establish itself." Supervisor Tompkins moved that the sum of $2,500 be appropriated to Western Virginia Emergency Medical Services Council, Inc. The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson NAYS: None IN RE: STATE WATER CONTROL BOARD - PRESENTATION ON GROUNDWATER USAGE Mr. J. W. Dawson of the State Water Control Board appeared before the I Board and made a presentation on the purpose and the content of publications to be released on grounwater usage and potential for the Roanoke area. The Supervisors commented favorably on the report. Mr. Dawson also briefly mentioned the report entitled IlGeohydrology of the Upper Roanoke River Basin, Virginia," which report presents a detailed study of water resources in the Upper Roanoke River Basin. On the motion of Supervisor Dodson and the unanimous voice vote of the Board, both of the above-mentioned reports were this date received and filed. IN RE: RESOLUTION NO. 1672 RECOGNIZING AND RECERTIFYING THE FIFTH PLANNING DISTRICT AND ALCOHOLIC ABUSE COORDINATING COUNCIL WHEREAS, the General Assembly has recently adopted legislation directing a merger of alcohol and drug abuse planning and administration at the state and I regional levels under the auspicious of the newly organized Division of Substance Abuse of the Department of Mental Health and Mental Retardation; and WHEREAS, Section 216, Chapter 11, Title 37.1 of the Code of Virginia recognizes the preparation and submission by each planning district commission to the Division of Substance Abuse of plans and data for the development of adequate and coordinated programs, services and facilities, for the prevention and control of substance abuse and for the treatment and rehabilitation of substance abuse; and 12-14-76 8(8.2 ~VHEREAS, the Fifth Planning District Drug Abuse Coordinating Council has been recognized by the outgoing Virginia Drug Abuse Advisory Council as the sole drug abuse planning and coordinating body for the district since May 21, 1974; and WHEREAS, the Drug Abuse Coordinating Council has reorganized as the Fiftl Planning District Drug and Alcohol Abuse Coordinating Council in accordance with the provisions of the Code of Virginia. I NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that said Board hereby recognizes and recertifies the Fifth Planninl District Drug and Alcohol Abuse Coordinating Council as the sole substance abuse planning authority for the Fifth Planning District of Virginia. On motion of Supervisor Dodson and adopted by the unanimous voice vote of the Board. IN RE: CATV QUARTERLY PROGRESS REPORT On the motion of Supervisor Tompkins and the unanimous voice vote of the Board, the communication from Roanoke Valley Cablevision, Inc. submitting the Quarterly Progress Report covering construction of the Valley cablevision system was this date received and filed. I IN RE: ORE BRANCH WATERSHED Supervisor Compton moved that Resolution No. 23367, adopted by Roanoke City Council, expressing the City's willingness to join with Roanoke County and/or Public Service Authority in the development of a joint use interceptor sewer project in the Ore Branch Watershed, such interceptor sewer line to either serve or exclude a portion of the Back Creek Watershed be received and filed and referre< to the Public Service Authority for interpretation and recommendation back to the Board; and further, that the County Attorney be directed to investigate and study whether such a proposal would have any effect on the proposed Back Creek reservoir and report his recommendation back to the Board for its consideration. The motion was adopted by the unanimous voice vote of the Board. I IN RE: REQUEST FOR RECONSIDERATION OF LIVESTOCK CLAIM DENIAL - MRS. CHARLOTTE MITCHELL Supervisor Myers moved that the communication from Mrs. Charlotte Mitchell requesting reconsideration of livestock claim denied by the Board on November 23, 1976, be received and filed since the applicant or someone repre- senting the applicant again failed to be present at the meeting. The motion was adopted by the unanimous voice vote of the Board. 12-14-76 3'8,)A. ,:..'\'.~...." IN RE: TAP - REPORT ON ACTIVITIES Mr. Bill Hoffman, Director of Human Services Training for Total Action Against Poverty, appeared before the Board and reported on TAP activities in RoanokE County. I IN RE: REQUEST FOR ACCEPTANCE OF DEED OF DEDICATION TO THE GENERAL PUBLIC Mr. Charles H. Osterhoudt, Attorney, appeared before the Board on behalf of William A. and Betty Byers and requested the Board to accept on behalf of Roanok County a dedication of right of way for use by the general public. After discussion and consideration thereof, Supervisor Dodson moved that the matter be referred to the County Engineer and County Attorney for further inves tigation and study and report back to the Board their recommendations. The motion was adopted by the unanimous voice vote of the Board. IN RE: ITEMS REFERRED TO THE PLANNING COMMISSION On the motion of Supervisor Tompkins and the unanimous voice vote of the Board, the following petition was this date received, filed, and referred to the I Planning Commission for recommendation: Petition of Valley Properties for rezoning 0.83 acre located on the south east side of Route 419 near Tanglewood Mall from M-l to B-1 so that a one-story building to house a real estate firm may be constructed thereon IN RE: GREEN RIDGE ROAD Supervisor Myers moved that the Board concur with the Planning Commission recommendation that the name Green Ridge Road be retained and be reaffirmed as being Green Ridge Road on Route 629 from Cove Road to Route 628 and on Route 628 from Route 629 to Cove Road. The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mrs. Johnson NAYS: Mr. Tompkins I IN RE: SUBDIVISION STREETS NOT IN THE STATE HIGHWAY SYSTEM Supervisor Tompkins moved that the Board concur with the report submitted by the County Executive establishing a policy regarding subdivision streets not in the State Highway System and that appropriate funding be considered in the upcoming budget proposals. A full copy of the report is filed with the minutes of this meeting. The motion was adopted by the unanimous voice vote of the Board. 12-14-76 IN RE: STATE MANDATED PROGRAMS The report of the County Executive regarding State mandated programs was for information of the Supervisors and is filed with the minutes of this meeting. IN RE: WALROND PARK - TERMINATION OF LEASE ON RESIDENTIAL DWELLING Supervisor Myers moved that the Board concur with the report of the I County Executive and terminate the lease on the residential dwelling situate on Walrond Park in North County due to concern with the water supply to the residence. A full copy of the report is filed with the minutes of this meeting. The motion was adopted by the unanimous voice vote of the Board. IN RE: COUNTY COMPREHENSIVE PLAN - BALZER AND ASSOCIATES - PAYMENT OF RETAINAGE Supervisor Tompkins moved that the Board concur with the report of the County Executive which recommended that the retainage portion of the contract fee be released to the consultant. Said payment in no way relieves the consultant of his full obligation to provide the services specified in his agreement with the County. A full copy of the report is filed with the minutes of this meeting. I IN RE: RESOLUTION NO. 1673 REQUESTING THE CIRCUIT COURT OF ROANOKE COUNTY TO APPROVE A CHANGE IN THE SCHOOL CONSTRUCTION PROGRAM HERETOFORE APPROVED BY THE VOTERS OF ROANOKE COUNTY WHEREAS, the voters of Roanoke County did, in a bond referendum held on May 27, 1968, approve a $15.8 million bond issue by the Board providing for the construction of schools within Roanoke County; and WHEREAS, because of certain factors, including the recent annexation by the City of Roanoke has, this date, adopted a resolution requesting that the schoo construction program be modified to allow for the construction of certain faciliti s deemed necessary by said School Board; and WHEREAS, the Board of County Supervisors is of opinion that said changes in the school construction program are necessary in order to provide certain neede facilities and said Board further desires to request the Circuit Court to approve I said changes as hereinafter set out. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that said Board hereby concurs with the County School Board of Roanoke County that the following changes in the school construction program as approved by the voters on May 27, 1968 should be made: 12-14-76 3&5 Deletions: The elimination of an elementary school in the Cave Spring area for which $1.5 million had been allocated. Additions: (a) Construction of an addition to the Roanoke County Educational Center at a cost of approximately $1,320,000. I (b) Renovations to the Southview School in order to convert said school into a prevocational center at an approximate cost of $430,000. BE IT FURTHER RESOLVED that said Board respectfully requests the Circuit Court of Roanoke County, in accordance with the provisions of the Code of Virginia to schedule a hearing on the proposed changes and to approve the same so as to permit the construction of facilities that are urgently needed in order to fulfill the educational requirements of the students in the Roanoke County School System. The foregoing resolution was adopted on motion of Supervisor Tompkins and the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson NAYS: None IN RE: RESOLUTION NO. 1674 RELATING TO THE ACQUISITION OF EASEMENTS FOR CON- STRUCTION OF THE PENN FOREST-OAK GROVE WATER TRANSMISSION MAIN I WHEREAS, the Board of County Supervisors has heretofore authorized the construction of the Penn Forest-Oak Grove transmission line as a part of the deve- lopment of the Countywide water system; and WHEREAS, Roanoke County Public Service Authority, as agent for the County, has advised that it is necessary to acquire two easements in order to provide for the construction of said water line and has further advised that the consideration outlined herein is a fair and equitable consideration to be paid for said easements; and WHEREAS, said Authority has further advised that other property owners have donated easements for the construction of said water line; and WHEREAS, the Board desires to approve the acquisition of said easements for the consdieration outlined herein and further desires to thank those property I owners who donated easements without the payment of consideration. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that said Board hereby authorizes the acquisition of the following easements in order to provide for the construction of the Penn Forest-Oak Grove water transmission line: (a) Easement across Lot 8, Block EE, Section 9, Penn Forest, from Robert A. Dyer, Jr. and Rixena L. Dyer - consideration $238.20. (b) Easement across Lot 11, Block DD, Section 9, Penn Forest, from James W. Bowen and Anne T. Bowen - consideration $165.00. 12-14-76 386 BE IT FURTHER RESOLVED that said Board hereby expresses its appreciation to Region Properties, Inc., Lloyd G. Lazarus and John M. Oakey, Inc. for the dona- tion of easements in order to provide for the construction of said water transmissi n line. On motion of Supervisor Myers and adopted by the following recorded vote: I AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson NAYS: None IN RE: NOTICE OF INTENTION TO HOLD A PUBLIC HEARING ON THE ADOPTION OF AN ORDINANCE ESTABLISHING MAGISTERIAL DISTRICTS, PRECINCT AND VOTING PLACES FOR ROANOKE COUNTY BE IT RESOLVED by the Board of County Supervisors of Roanoke County, Virginia, that a public hearing be held on January 11, 1977 at 7:00 p.m. at a regular meeting of the Board of County Supervisors of Roanoke County at the Salem Roanoke County Civic Center, at which time said Board will consider proposed change in the boundaries of magisterial districts of Roanoke County, precinct and voting places in Roanoke County, which changes are required as a result of annexation of a portion of Roanoke County by Roanoke City; the proposed magisterial districts, precinct lines and voting places being as set out on Exhibit A attached hereto. I The Clerk of this Board is directed to publish the proposed amendment and notice of intention once a week for two consecutive weeks, pursuant to Section 15.1-504 of the Code of Virginia in the Roanoke World News, a newspaper having a general circu- lation in Roanoke County. Said proposed amendment and notice of hearing thereon shall be posted at the front door of the Roanoke County Courthouse and a copy thereof shall be placed on file in the Clerk's Office of the Circuit Court of Roanoke County and in the County Executive's Office at 306A East Main Street in Salem, Virginia. On motion of Supervisor Tompkins and adopted by the unanimous voice vote of the Board. IN RE: RESOLUTION NO. 1675 AUTHORIZING THE ACQUISITION OF THE LA BELLEVUE WATER COMPANY I WHEREAS, the Board of County Supervisors of Roanoke County has heretofore acquired the assets of the water system of Roanoke County Public Service Authority and has taken further steps to develop a County-wide water system; and 12-14-76 38.~ I WHEREAS, the staff of the County has negotiated a contract with owners of the La Bellevue Water Company providing the terms and conditions under which the County would acquire said water system; and WHEREAS, the Board desires to purchase said water system pursuant to the terms and conditions of said agreement and incorporate said system into the County water system. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that said Board hereby authorizes and directs the Chairman and the Clerk to execute on behalf of said Board an agreement dated December, 1976, providirg for the acquisition of the water system serving the La Bellevue Subdivision, which system consists of certain real estate and other improvements together with certain personal property, the acquisition price of said system to be $85,100.00, which sum is deemed to be a fiar and equitable consideration. BE IT FURTHER RESOLVED that, pursuant to the provisions of Section 15.1- 285 of the Code of Virginia as amended, that the Judge of the Circuit Court of Roanoke County be requested to appoint a discreet and competent attorney at law to examine title to said real estate and further that under the provisions of Section 15.1-286 of said Code that the County Attorney be required to approve the deed to said real estate when the same is prepared and that William F. Clark, County Execu- tive, be and he is hereby authorized and directed to accept said deed on behalf of the County when title to said property has been examined and the Deed for the same has been approved by the County Attorney. BE IT FINALLY RESOLVED that the County Attorney be and he is hereby directed to forthwith deliver a copy of this resolution to the Judge of the Circuit Court of Roanoke County. The foregoing resolution was adopted on motion of Supervisor Tompkins and the following recorded vote: I AYES: NAYS: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson None I Supervisor Tompkins moved that the Board meet with the Public Service Authority in closed session on December 16, 1976, at 3:30 p.m. in the Roanoke County School Board Conference Room to discuss legal matters. The motion was adopted by the unanimous voice vote of the Board. 12-14-76 388 The computer print out on last month's expenditures was for information of the Supervisors and is filed in the office of the County's Director of Finance. The financial statement and report on delinquent accounts for the month of November, 1976, were for information of the Supervisors and are filed with the I minutes of this meeting. IN RE: LIVESTOCK CLAIM - ELIZABETH H. BEASLEY (DENIAL) Supervisor Tompkins moved that the Board deny the livestock claim of Ms. Elizabeth H. Beasley for one cow killed by a person or persons unknown since there is no provision in the State Code for such payment. The motion was adopted by the unanimous voice vote of the Board. IN REL LIVESTOCK CLAIM - W. L. TURNER Supervisor Tompkins moved that the Board concur with the recommendation of the Director of Finance and approve for payment the livestock claim of W. L. Turner for one yearling killed by wild dogs on November 28, 1976, in the amount The motion was adopted by the following recorded vote: I of $80.00. AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson NAYS: None IN RE: RESOLUTION NO. 1676 ACCEPTING A BID FOR THE PURCHASE OF RADIOS FOR THE FIRE DEPARTMENT WHEREAS, funds are included in the 1976-77 budget for the purchase of portable radios for the Fire Department; and WHEREAS, on Monday, November 22, 1976, at 2;00 p.m., bids were received and opened in the Office of the Department of Finance for the purchase of three (3) portable radios, and the Director of Finance and the County Purchasing Supervisor, in their report dated December 14, 1976, recommended the award of the bid as here- inafter set out. I NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the bid of Federal Signal Corporation, for three (3) portable radios, with a total cost of $2,166.92 be, and the same is hereby accepted, the County Executive to notify the bidder of the acceptance of said bid and to completE the necessary purchase order for said portable radios. On motion of Supervisor Tompkins and adopted by the following recorded vote: AYES: NAYS: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson None 12-14-76 28Q IN RE: RESOLUTION NO. 1677 ACCEPTING A BID FOR THE PURCHASE OF FIRE DEPARTMENT UNIFORMS WHEREAS, funds are included in the 1976-77 budget for the purchase of work uniforms for the fire department; and WHEREAS, on Thursday, November 18, 1976, at 2:00 p.m. bids were received I and opened in the Office of the Department of Finance for the purpose of purchasing fireman work uniforms from a single source for the next twelve months. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the bid of Lion Uniforms, 2735 Kearnsas Avenue, Dayton Ohio, for fireman work uniforms, with a cost of $52.85 each complete, be and the same is hereby accepted for a twelve month contract, the County Executive to notify the bidder of the acceptance of said bid and to complete the necessary purchase order for said uniforms. 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 I IN RE: SALE OF SURPLUS WEAPONS On the motion of Supervisor Tompkins and the unanimous voice vote of the Board, the report submitted by the Director of Finance advising that the bid of The Southern, Inc. in the amount of $1,945 for the purchase of 37 surplus Smith and Wesson 38 calibur revolvers had been accepted was this date received and filed. IN RE: RESOLUTION NO. 1678 AUTHORIZING THE RENTAL OF AN IBM MAG-CARD II TYPE- WRITER FOR USE OF THE COURT REPORTER WHEREAS, funds are available in the 1976-77 budget for the rental cost of an IBM Mag-Card II typewriter to be used by the Court Reporter which has been transferred to the Office of the Clerk of Circuit Court; and ~VHEREAS, the rental cost of the typewriter is $269.50 per month, and the Director of Finance and the County Purchasing Supervisor in their report dated I December 14, 1976, recommended that authority be given to enter into a contract extending beyond this fiscal year for the typewriter. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that said Board hereby authorizes the rental of an IBM Mag-Card II typewriter to be used by the Court Reporter in the Clerk's Office of the Circuit Court of Roanoke County, with a rental cost of $269.50 per month, with the contract to extend beyond this fiscal year. 12-14-76 !=\9'O;: On motion of Supervisor Tompkins and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Tompkins, Mrs. Johnson NAYS: Mr. Myers IN RE: CIVIC CENTER - FINANCIAL STATEMENTS I On the motion of Supervisor Compton and the unanimous voice vote of the Board, the financial statements for the Salem-Roanoke County Civic Center as of June 30, 1976, as prepared by Firebaugh & Berry, Inc., Certified Public Accountant~, were this date received and filed. The Jail report for the month of November, 1976, was for information of the Supervisors and is filed with the minutes of this meeting. IN RE: JAIL FACILITY In one last attempt to investigate all possible alternatives, Chairman Johnson directed the County Executive to correspond with Roanoke City and request the City to submit to the County a contract of the City's proposal for the use of I their jail, which contract should be as specific as possible, including costs; and further, that the City submit such contract to the County no later than January 10, 1977. IN RE: FORM OF COUNTY GOVERNMENT Chairman Johnson stated that a committee should be re-established in order to inform County residents why the county executive form of government provides a more efficient, economical and responsive government for Roanoke County. Mrs. Johnson urged the formation of this con~ittee and requested each Supervisor to appoint citizens from his district to serve on the committee. IN RE: NOTICE OF INTENTION TO AMEND THE ROANOKE COUNTY CODE BY THE ADDITION OF A NEW SECTION AND THE CHANGING OF ANOTHER, RELATING TO BARKING DOGS I BE IT RESOLVED by the Board of County Supervisors of Roanoke County, that a public hearing be held January 25, 1977, at 7:00 p.m. at the Salem-Roanoke Valle) Civic Center at a regular meeting of said Board, at which time it will be moved that the Roanoke County Code be amended as follows: 12-14-76 391 Section 5-10.2. Barking or Howling Dogs. I The harboring or keeping of any dog, which by loud, frequent or habitual barking or hawling or by any other conduct, shall cause annoyance and disturb the peace and quiet of any person or neighborhood, shall be unalwful and a violation of this chapter, and any such dog is hereby declared to be a public nuisance. Any suc dog may, after reasonable notice has been given by the Animal Control Officer to th owner of such dog, if known, or upon complaint of any person, if such owner be unknown, be impounded and confined in the County dog pound by the Animal Control Officer. Disposition of any such dog shall be in accordance with Section 5-11 of this chapter. Section 5-12. Penalty for violating Sections 5-10, 5-10.1 and 5-10.2. Any person found guilty of violating Sections 5-10, 5-10.1, and 5-10.2 shall be fined not less than five dollars nor more than twenty-five dollars for eac such violation. Offenses committed on separate days shall be deemed to be separate offenses for the purpose of this section. (4-24-68) This amendment to take effect on January 25, 1977. The Clerk of this Board is directed to publish the proposed amendment and notice of hearing thereon as required by law, pursuant to Section 15.1-504 of the 1950 Code of Virginia, as amended, once a week for 4 consecutive weeks in The World News, a newspaper having a general circulation in Roanoke County. Said proposed amendment and notice of hearing thereon shall be published and posted at the front door of the Roanoke County Courthouse. I A copy of the proposed amendment is on file in the Clerk's Office of the Circuit Court of Roanoke County and at the County Executive's Office at 306A East Main Street in Salem, Virginia. The foregoing notice was adopted on motion of Supervisor Tompkins and the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Tompkins NAYS: Mr. Myers, Mrs. Johnson IN RE: YARGER REPORT Supervisor Tompkins moved that the reclassification and update of the County's classification and pay plan, as prepared by Yarger and Associates, be implemented effective January 1, 1977. I The motion was defeated by the following recorded vote: AYES: Mr. Dodson, Mr. Tompkins NAYS: Mr. Compton, Mr. Myers, Mrs. Johnson 12-14-76 ~. . At 10:05 p.m., Supervisor Tompkins moved that the Board go into Executiv Session to discuss legal and real estate matters. The motion was adopted by the following recorded vote: AYES: NAYS: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, }1rs. Johnson None I At 10:55 p.m., the Supervisors returned to the Civic Center and the Board reconvened in open session. IN RE: BACK CREEK WATER IMPOUNDMENT On the motion of Supervisor Compton and the unanimous voice vote of the Board, the County Attorney was directed to take whatever legal steps that are necessary to protect the interests of Roanoke County in regard to the proposed Back Creek water impoundment. This 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 11:00 p.m. I CHAIRMAN I