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3/8/1977 - Regular 3- 8- 77 482 Salem-Roanoke County Civic Center Salem, Virginia March 8, 1977 7:00 P.M. The Board of County Supervisors of Roanoke County, Virginia, met this day in open session at the Salem-Roanoke County Civic Center in Salem, Virginia, this I being the second Tuesday and the fourth regular meeting of the month. Members Present: Chairman Robert E. Myers, Vice-Chairman R. Wayne Compton, Supervisors C. Lawrence Dodson, May W. Johnson and E. Deal Tompkins. Chairman Myers called the meeting to order at 7:05 p.m. and recognized Reverend Edgar G. Petry, Oak Grove Church of the Brethren, who offered the invoca- tion. The Pledge of Allegiance to the flag was given in unison. IN RE: APPROVAL OF MINUTES On motion of Supervisor Johnson and the unanimous voice vote of the Board, the minutes of the regular meeting of February 8, 1977, the special meeting of I February 15, 1977, and the regular meeting of February 22, 1977 were this date approved as spread. IN RE: PETITION OF FRED T. COLEMAN ET UX, FOR THE GRANTING * OF A "USE NOT PROVIDED FOR" ON CERTAIN PROPERTY LOCATED * ON THE SOUTH SIDE OF ROUTE 658 APPROXIMATELY 0.13 * FINAL ORDER MILES EAST OF ROUTE 659 IN THE VINTON MAGISTERIAL * DISTRICT, CONTAINING 4.90 ACRES * WHEREAS a public hearing was held on March 8, 1977 on the proposed amendment said hearing having been continued from January 25, 1977 at the petitioners request, after notice thereof was duly published in the "Roanoke World News", a newspaper published in the County of Roanoke, under date of January 11, 1977 and January 18, 1977, as required by Section 15.1-431 of the said Code of Virginia, and duly certified by the publisher of said paper; and this Board having duly considered the same, it is accordingly hereby ORDERED that the County Zoning I Ordinance be, and the same is hereby, amended to grant a "use not provided for" in order for the petitioners to operate a "Home For Adults" on said property, which said amendment shall be for a period of one year from the date of this Order, and is deemed by the Board to be a trail period. During this period, the petitioners are expected to, to the best of their ability, require screening of any new individuals to be placed in their home in order that the operation of 3-8-77 488 their property as a "Home For the Aged" shall not become offensive to the neighbor- hood. The petitioners shall be required to petition again for a "use not provided for" in order to continue their operation of a "Home For Adults" within a reasonabl I time after one year from the date of this Order unless it is their desire at that time not to continue such an operation. It is further ordered that the Clerk of this Board forthwith certify a copy of this Order to the Secretary of The County Planning Commission and to any other party in interest desiring a copy thereof. The above resolution was adopted on motion of Supervisor E. Deal Tompkins. On recorded vote, the vote was as follows: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers NAYS: None IN RE: PETION OF CPARLES C. HARRIS FOR REZONING FROM R-l TO RE A TRACT OF LAND CONTAINING APPROXIMATELY 5.5 ACRES AND LOCATED ON THE SOUTH SIDE OF ROUTE 1842 (GARMAN DRIVE), NEAR ROUTE 115 (HOLLINS ROAD) SO THAT THE PETITIONERS MAY PASTURE HIS CHILDREN'S HORSES * * * * * DEN I A L I Dr. Harris, petitioner, was present at the hearing. He had no attorney. Chairman Myers asked if any opposition were present. Mr. Alton Prillaman, a local Attorney, stated that he represented the opposition. Dr. Harris identified himself as a veterinarian whose wife owned a horse and whose two childredn each had a pony. He stated he had no intention of opening a public riding stable and promised his property would be kept clean and there would a chain link around the pasture land. He then introduced a Mr. Knox from an exterminating company whom he had contacted about fly control, etc. Mr. Knox advised that he was from Brand Exterminating Company, described the investigation he had made of the Harris property and des- cribed his suggestions for fly control by use of chemicals safe to humans and horses. Mr. Knox said he had discussed the problem of odor with a veterinarian in Botetourt County who advised that up to six horses could be kept on a five-acre I field without creating an odor problem. Dr. Harris said the zoning on the proper- ties surrounding and near him ranged from A-l to M-l and R-l. Mr. Prillaman stated that the Harris property fronts on Garman Drive which is the only ingress and egress to the R-l area. A petition opposing the proposed rezoning had been circulated in the neighborhood and Mr. Prillaman presented copies to Board members. Nineteen to twenty persons in opposition were present and it was stated that 87 percent of the total number of people who live in the neighborhood are in opposi- tion of those who were contacted about signing the petition. Mr. Prillaman sug- 3- 8- 77 48'~~~' gested that if the property under consideration were to be rezoned to RE and Dr. Harris were later to sell the property, then any of the uses allowable in RE zoning classification, several of which residents considered objectionable, could be put on the Harris property. Mr. Prillaman further reminded the Supervisors that the Planning Commission had unanimously recommended that the property not be rezoned. He stated that the fencing for the horses would come to within 75 feet 0 the property line of the nearest resident. Mr. Edsel Johnson, resident of Garman DRive, said he had written a letter to each Board member and had discussed by phone with Supervisor Compton the fact that htere were already pastured nearby horses and a cow and was told by Mr. Compton that unless they had been there prior to 1970 they were there illegally. Mr. Johnson advised that the odor of the horse manure was offensive; he had contacted the Department of Entimology at VPI and the told him that if three horses were kept on five acres of land, the manure would have to be cleaned up every week if the odor and flies were to be kept down. Mr. Johnson mentioned a neighbor who had had to be hospitalized becuase of an allergic reaction to a horsefly bite. He also feared the offal from the horses could effect the wells in the neighborhood. He stated that the present horses kept nearby were about 500 feet from Garman Drive and at least six of those present in opposition indicated they noticed the odor from them. Chairman Myers asked those present in opposition who lived on Garman Drive to stand, about 13 did. He then asked those present not in opposition who lived on Garman Drive to stand, about 12 did. The remainder of those present lived on Bryant Circle and Domacia Drive. Mr. Bud Shriver, 6519 Garman Drive, spoke in favor of the proposed rezoning. Mr. Shriver stated that he respected the other neighbors' wishes, but wished to speak on behalf of those present in favor of Dr. Harris's request. He stated that the entire five-acre tract was open and wooded and he would rather see horses on the land than see it divided up and used for construction of houses. Supervisor Johnson asked the County Attorney what uses were permitted in RE zoning classifi- cation. He listed them, mentioning non-commercial riding stables. Mrs. Jerry Hayes, newest resident in neighborhood, lived on the property closest to the land that already had horses and a cow on it. Mrs. Hayes stated that she is aware of offensive odor even at this time of the year. Mr. Mickey White, Garman Drive resident, stated he lived 200 to 300 feet from the property to be rezoned and that Dr. Harris was welcome in the neighborhood, but those in opposition to the rezoning to do want his horses there. Mr. Gene Daniels, 6427 Garman Drive directly across from the property under consideration, said he moved into the area two years ago. The horses and cow on the property behind the Harris property cause odors and flies I I I 3-8-77 " 4 8'5t, I and they are why he and the others are so strongly opposed to the idea of Dr. Harris's horses. Mr. G. H. McAllister also spoke in opposition to the proposed rezoning. Dr. Harris apologized for bringing about the friction and causing the split between the two neighborhood factions. He asked if the property were re- zoned RE, how long would it be RE and could the property be rezoned to RE for only as long as he owned it. He was advised that the County's new land use plan, soon to be adopted, might change the Harris property zoning and he could keep his animals under the "grandfather" clause. Mr. Hooper, County Planner, advised that the new zoning maps call for the entire neighborhood to be R-I zoned. This concluded the public hearing, and Supervisor Tompkins moved that the request for rezoning be granted. The motion was defeated by the following recorded vote: AYES: NAYS: Mr. Tompkins Mrs. Johnson, Mr. Myers ABSTAINING: NOT VOTING: Mr. Dodson Mr. Compton Supervisor Compton declined to vote because it was an emotional issue. I IN RE: POLICY STATEMENT On motion of Supervisor Johnson and the unanimous voice vote of the Board, thE policy statement of Governor Mills E. Godwin, Jr. concerning public employer- employee relations in Virginia was this date received and filed. IN RE: NOTICE OF BUDGET HEARINGS FROM COMPENSATION BOARD I On motion of Supervisor Johnson and the unanimous voice vote of the Board, notice from the State Compensation Board of a meeting on April 5, 1977, to consider budget requests of constitutional offices for fiscal year 77-78 and further re- questing from the Board of County Supervisors an expression as to their recommen- dations in regard to budget requests filed by the constitutional offices was this date received and filed. IN RE: BINGO PERMIT RENEWAL - WALNUT GROVE TRAIL CLUB, INC. Supervisor Tompkins moved that the application of Walnut Grove Trail Club, Inc. for renewal be approved effective this date for a period of one year. The motion was adopted by the unanimous voice vote of the Board. 3-8-77 486 IN RE: COOPERATIVE PURCHASING ARRANGEMENTS On the motion of Supervisor Johnson and the unanimous voice vote of the Board, Roanoke City Resolution No. 23505 approving certain cooperative purchasing arrange- ments and encouraging other local governmental bodies to do the same was this date received and filed. I IN RE: HIGHWAY DEPARTMENT - PUBLIC MEETING On the motion of Supervisor Johnson and the unanimous voice vote of the Board, the corrrmunication from the District Engineer, Department of Highways and Transpor- tation, advising of a public meeting to be held in the Salem District office on April 6, 1977, was this date received and filed. IN RE: ITEMS REFERRED TO THE PLANNING COMMISSION On motion of Supervisor Dodson and the unanimous voice vote of the Board, the following petitions were this date received, filed, and referred to the Planning Commission for recommendation: Petition of Gramco, Inc. for rezoning from B-2 to B-1 three parcels of land containing 1.95 acres and located in a southwesterly direction from Professional Park Office Building No.1, approximately 215 feet south- westerly from Route 904, Cave Spring District, in order to construct multi-family dwellings as part of an office building and adjacent parkin I Petition of Mason H. and Elizabeth N. Littreal for rezoning from R-1 to B-1 a tract of land containing 7.958 acres and located on the west side of State Route 419, approximately 1/4 mile north of Sugar Loaf Mountain Road so that an office building complex may be constructed thereon. Petiion of Atkisson Enterprises, Ltd. requesting rezoning from B-2 to B-3 of the rear strip of a tract of land located at the northwest corner of Plantation Road and Walrond Drive so that a take-out lunch business may be operated in an existing building. IN RE: COURT SERVICE UNIT ADVISORY COUNCIL Since each Supervisor had persons who would serve on the Court Service Unit Advisory Council, Supervisor Tompkins requested that the Board be given until the next regular meeting to add names of their own to the list. IN RE: RESOLUTION NO. 1724 DESIGNATING THE COUNTY EXECUTIVE AS THE AGENT OF THE BOARD TO RECEIVE PETITIONS RELATING TO REZONING MATTERS AND REFERRING THEM DIRECTLY TO THE PLANNING COMMISSION I WHEREAS, the provisions of the Code of Virginia and the provisions of the Roanoke County Zoning Ordinance require that all requests for rezoning and other similar petitions be filed with the Board of County Supervisors and thereafter referred by said Board to the Planning Commission for report and recommendation; and 3-8-77 48~ ~n~EREAS, said procedure often causes a delay in the time required to consider said matters and the Board therefore desires, in order to expedite said procedure, to designate the County Executive as the agent of the Board to receive said request and file them directly with the Planning Commission. I NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the County Executive be, and he is hereby designated as the agent of the Board of County Supervisors to, pursuant to the provisions of law, receive petitions for rezoning and other similar matters under the zoning ordinance and to file said petitions directly with the Planning Commission upon receipt. On motion of Supervisor Dodson and adopted by the unanimous voice vote of the Board. IN RE: RESOLUTION NO. 1725 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MASONS COVE RECREATION CLUB AND MOOSE CLUB NO. 284 REGARDING THE CONSTRUCTION AND MAINTENANCE OF A BASEBALL FIELD WHEREAS, the Department of Parks and Recreation has advised that there exists a need for the construction of a baseball and softball field for the use and benefi of the citizens of the Masons Cove area; and I WHEREAS, said department, in conjunction with the Masons Cove Recreation Club and the Moose Club No. 284, have developed an agreement providing for the construc- tion and maintenance of a baseball and softball field on the property of the Moose Club in the Masons Cove area; and WHEREAS, the County Executive, in report to the Board dated March 8, 1977, has recommended that said agreement be approved, in which recommendation the Board concurs. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that said Board hereby approves that agreement dated March 8, 1977, by and between the County of Roanoke, the Masons Cove Recreation Club and the Moose Club No. 284 providing for the construction and maintenance of a softball and baseball field on the property of the Moose Club in the Masons Cove area. I BE IT FURTHER RESOLVED that the County Executive be and he is hereby authorize and directed to execute said agreement on behalf of the Board. On motion of Supervisor Johnson and adopted by the unanimous voice vote of the Board. 3-8- 77 ~~;48 ~ IN RE: RESOLUTION NO. 1726 AUTHORIZING A LEASE AGREEMENT FOR CERTAIN SPACE IN A BUILDING SITUATE IN THE CITY OF SALEM WHEREAS, various departments of the County have heretofore advised of a need for the use of additional space for storage of certain equipment and for a base of operations for the County's communications system; and WHEREAS, a lease agreement has been prepared by which the County would lease I from the owners of property situate in a building at the rear of 306 Calhoun Street in the City of Salem approximately 704 square feet for use by the County's Radio Communications Technicians; and WHEREAS, the County Executive has, in report dated March 8, 1977, recommended the execution of said lease agreement, in which recommendation the Board concurs. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors that said Board hereby approves that certain lease agreement dated March 8, 1977 by and between Dame Roofing Company and the Board of County Supervisors by which the County would lease approximately 704 square feet of space in a building situate at the rear of 306 Calhoun Street in the City of Salem. BE IT FURTHER RESOLVED that the County Executive be and he is hereby authorize and directed to execute said lease on behalf of the Board. On motion of Supervisor Tompkins and adopted by the following recorded vote: I AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers NAYS: None IN RE: NOTICE OF INTENTION TO AMEND THE ROANOKE COUNTY CODE BY THE ADDITION OF A NEW CHAPTER 16.1 ENTITLED SOLICITATIONS BE IT RESOLVED by the Board of County Supervisors of Roanoke County that a public hearing be held April 12, 1977 at 7:00 p.m. at the Salem-Roanoke County Civic Center at a regular meeting of said Board, at which time it will be moved that the Roanoke County Code be amended by the addition of the following new chapter: Chapter 16.1 Section 1. Solicitations permit required; exception. I (a) It shall be unlawful for any person, organization or society, or for any agent, member or representative thereof, directly or indirectly, to solici property or financial assistance of any kind, to sell or offer to sell any article, publication, ticket, advertisement, subscription or anything of value, on the plea or the representation that such sale or solicitation, or the pro- ceeds thereof, is for a charitable, educational, patriotic or philanthropic purpose, on the streets, in any public or private place, by mail, by telephone, or any other way, in the county whether such solicitation or sale be for pro- fit or otherwise, unless such person, organization or society, on whose behalf such solicitation is to be made, shall have first been issued a permit as provided in this chapter. The provisions of this chapter shall apply whether or not the applicant must acquire a business license. The provisions of this chapter shall not apply where the solicitation of any organization hereinabove 3-8-77 ,4;89 described shall be conducted only among the members thereof by other members thereof or officers thereof, voluntarily and without remuneration for such solicitation, or where such solicitation may be in the form of collection or contributions as the regular exercises or services of any church, religious society, lodge, benevolent order or fraternity or similar organization, or of any branch thereof. I (b) A written application for a permit to solicit, or to cause a solici- tation to be made, for any cuase as provided in the preceding section shall be sworn to and filed with the County Executive by the person, organization, or society for whose benefit such solicitation is to be made. Each applicant shall pay a fee of Ten Dollars ($10.00) to cover administrative costs. Such application shall contain the following information: (1) The name of the organization or individual applying for a permit to solicit and his address or its headquarters. (2) The names and addresses or principal officers and management if applicant is other than individual. (3) If nonprofit, the purpose for which any receipts derived from such solicitation are to be used. (4) If nonprofit, the name of the person by whom the receipts of such solicitation shall be disbursed. (5) The name and address of the person who will be in direct charge of conducting such sale or solicitation. (6) An outline of the method to be used in conducting the sale or solicitation. I (7) The time when such solicitation shall be made, glvlng the pro- posed dates for the beginning and ending of such solicitation, which time period shall not exceed 60 days; provided, however, that if a busi- ness license is obtained, the permit issued pursuant to this chapter shall be valid for the term of the business license. (8) For nonprofit organizations, a full statement of the character and extent of the charitable, educational or philanthropic work being done by the applicant organization within the county. (9) If requested by the County Executive for nonprofit organiza- tions, emoluments to be expended or paid to anyone in connection with such solicitation, together with the manner in which such wages, fees, expenses, commissions or emoluments are to be expended, to whom paid and the amount thereof. (10) If requested by the County Executive for nonprofit organiza- tions, a financial statement for the last preceding fiscal year of any funds collected for the purposes set out in the preceding section by the organization or person seeking a permit for such solicitation, said statement giving the amount of money so raised, together with the cost of raising it, and the final distribution thereof. (11) Such other information as may be required by the County Executive in order for him to fully determine the kind, character and worthiness of the proposed solicitation and for the security of the County and its inhabitants. (c) Upon receipt of an application as provided in the preceding section the County Executive shall make or cause to be made within a reasonable perio( of time such investigation as shall by him be deemed necessary in regard thereto, in order to determine that in the case of nonprofit organizations such proposed sale or solicitation is in fact to be conducted for a charitablE, educational, philanthropic or patriotic purpose, and that the proceeds from such solicitations shall be so used, and if the County Executive shall be satisfied that such cause for which such solicitation is to be made is in fac for a charitable, educational, patriotic or philanthropic purpose and that thE proceeds derived from such solicitation will be used for such purpose and tha such solicitation is not promoted or conducted primarily for private profit 0 its promoters, and that such solicitation will not be incompatible with the protection of health, life, and property of the citizens of the county, then It shall be unlawful for any person to operate or conduct a public dance hall in the County between the hours of 2:00 a.m. and 6:00 a.m. of any day. Section 4-4. It shall be unlawful for any person to operate a public dance hall until such time as he has secured a permit from the County Executive. An application for such permit shall be filed with the County Executive, together with a fee of $25.00 for the processing thereof. The County Executive shall call such investigation as he deemds necessary to be made in order to insure that the public dance hall shall be operated in accordance with the provisions of law, in which case he shall issue the permit. The permit shall be revocable should the operation of said public dance hall be found to violate any provision of law in the County Code or in the Code of Virginia. In causing such investigation to be made, the County Executive shall insure that the proper business license has been applied for and paid and shall further insure that the persons who are operating said public dance hall haVE not been convicted of any criminal offense other than traffic violations. I This amendment to take effect on April 12, 1977. The Clerk of this Board is directed to publish the proposed amendment and 3-8-77 490 he shall approve such application. If for profit making organizations, the County Executive hall determine that all required business licenses have been secured prior to approval of the application. (d) Upon approval of the application, the County Executive shall issue a permit to an applicant to solicit, or to lawfully cause a solicitation to be made, for any cause as provided in this section. No such permit shall in any case be construed or be deemed to be an endorsement by the county or the County Executive of any such solicitation or of the purpose for which the same is made. In all cases where the County Executive declines to issue a permit, the applicant shall upon request be granted a hearing by the Board. I Any permit ~pproved and issued under this chapter shall be non-transferable; provided, however, that this shall not prevent any permittee from using any number of solicitors as shall be reported to the County Executive. Section 2. Revovation. If, upon receipt of written information or upon his 'own investigation, the County Executive shall find that any agent or representative of the holder of a permit issued under Section 1 above is misrepresenting or making untrue statements in the application, or that in any other way the solicitation, or sale, has been conducted or is being conducted in a manner endangering the health, life and pro- perty of the citizens of the county, and, not in conformity with the intent and purposes of this chapter, or representing in any way that any permit granted here- under is an endorsement of such solicitation, then it shall be his duty to revoke said permit; provided, however, that before any permit is revoked, the County Executive shall give the permittee a minimum of twenty-four hour's notice in writing that a hearing is to be had before the County Executive and that at said hearing the County Executive shall ascertain the facts, and if any reasons above set forth for revoking the permit are found to exist, the permit shall be revoked by the County Executive. Section 3. Fraudulent solicitation. I It shall beunlawful for any person to knowingly make or perpetrate, or assist or aid in making or perpetrating, in any manner whatsoever, any misstatement, deception or fraud in connection with any solicitation of property or financial assistance for any purpose in the county whether or not such person shall be required, under the provisions of this chapter, to obtain a permit hereunder and whether or not any such permit so required shall have been obtained by such person. Section 4. Penalty. Any person, and in case of an organization or society, the agent or represen- tative thereof, violating any provision of this chapter, shall, upon conviction, be punished by a fine not exceeding Fifty Dollars ($50.00) or by imprisonment not exceeding thirty days (30), or both such fine and imprisonment. Each day's con- tinuance of any violation of this chapter shall constitute a separate offense. This amendment to take effect on April 12, 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 15.1-594 of the 3- 8-77 492 WHEREAS, a committee appointed by the Board has recommended a policy to be adopted by said Board providing the terms and conditions under which the County will agree to participate in such street improvements; and HHEREAS, the Board desires to adopt said policy. NOH, THEREFORE, BE IT RESOLVED BY the Board of County Supervisors of Roanoke County that the street improvement policy attached hereto as Exhibit A be and the same is hereby adopted by the Board. BE IT FURTHER RESOLVED that the petition attached hereto as Exhibit B be and the same is hereby adopted as the petition to be utilized in said procedure. On motion of Supervisor Tompkins and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. ~1yers NAYS: None IN RE: ACCOUNTS PAID The computer print out of the previous month's expenditures was for infor- mation of the Supervisors and is filed in the Office of the Director of Finance. I IN RE: RESOLUTION NO. 1728 AUTHORIZING THE PURCHASE OF TAX MAILERS FOR USE BY 3-8-77 491 IN RE: NOTICE OF INTENTION TO AMEND THE ROANOKE COUNTY CODE BY DELETING SECTIONS 4-3 AND 4-4 AND ADOPTING NEW SECTIONS IN THEIR PLACE BE IT RESOLVED by the Board of County Supervisors of Roanoke County that a public hearing be held April 12, 1977 at 7:00 p.m. at the Salem Roanoke County Civic Center at a regular meeting of said Board, at which time it will be moved that the Roanoke County Code be amended by the adoption of the following amended sections: Section 4-3. Hours of operation. It shall be unlawful for any person to operate or conduct a public dance hall in the County between the hours of 2:00 a.m. and 6:00 a.m. of any day. Section 4-4. It shall be unlawful for any person to operate a public dance hall until such time as he has secured a permit from the County Executive. An application for such permit shall be filed with the County Executive, together with a fee of $25.00 for the processing thereof. The County Executive shall call such investigation as he deemds necessary to be made in order to insure that the public dance hall shall be operated in accordance with the provisions of law, in which case he shall issue the permit. The permit shall be revocable should the operation of said public dance hall be found to violate any provision of law in the County Code or in the Code of Virginia. In causing such investigation to be made, the County Executive shall insure that the proper business license has been applied for and paid and shall further insure that the persons who are operating said public dance hall hav not been convicted of any criminal offense other than traffic violations. This amendment to take effect on April 12, 1977. The Clerk of this Board is directed to publish the proposed amendment and notice of hearing thereon as required by law, pursuant to Section 15.1-504 of the Code of Virginia, 1950, as amended, once a week for two consecutive weeks, in the World News, a newspaper having a general circulation in Roanoke County. Said proposed amendment and notice of hearing thereon shall be published and posted at the front door of the Roanoke County Courthouse. A copy of the proposed amendment is on file in the Clerk's Office of the Circuit Court of Roanoke County and at the County Executive's Office at 306A East Main Street in Salem, Virginia. The foregoing notice was adopted on motion of Supervisor Johnson and the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers NAYS: None IN RE: RESOLUTION NO. 1727 IMPLEMENTING A STREET IMPROVEMENT POLICY FOR THE COUNTY OF ROANOKE WHEREAS, the General Assembly of Virginia has enacted legislation which would provide that the Board of County Supervisors would be permitted to expend County funds to improve certain streets to state standards in order that they may be accepted into the highway system; and 3-8-77 492 WHEREAS, a committee appointed by the Board has recommended a policy to be adopted by said Board providing the terms and conditions under which the County ill agree to participate in such street improvements; and tvHEREAS, the Board desires to adopt said policy. NOW, THEREFORE, BE IT RESOLVED BY the Board of County Supervisors of Roanoke County that the street improvement policy attached hereto as Exhibit A be and the same is hereby adopted by the Board. BE IT FURTHER RESOLVED that the petition attached hereto as Exhibit B be and the same is hereby adopted as the petition to be utilized in said procedure. On motion of Supervisor Tompkins and adopted by the following recorded ote: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. l1yers AYS: None IN RE: ACCOUNTS PAID The computer print out of the previous month's expenditures was for infor- ation of the Supervisors and is filed in the Office of the Director of Finance. IN RE: RESOLUTION NO. 1728 AUTHORIZING THE PURCHASE OF TAX MAILERS FOR USE BY THE FINANCE DEPARTMENT WHEREAS, funds are included in the 1976-77 budget for the purchase of Tax 1ailers to be used by the Finance Department, Division of Collections; and WHEREAS, bids were opened on February 25, 1977, at 10:00 a.m. for fur-' ishing approximately 100,000 Tax Mailers and the Director of Finance and the County uchasing Supervisor, in their report dated March 8, 1977, recommend the award of he bid as hereinafter set out. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of County that the bid of Wallace Business Forms, Inc., Roanoke, Virginia, for pproximately 100,000 Tax Mailers, with a total cost of $3,941.00 be, and the same .s hereby accepted, the County Executive to notify the bidder of the acceptance of aid bid and to complete the necessary purchase order for said Tax Mailers. On motion of Supervisor Johnson and adopted by the following recorded ote: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None 3-8-77 49~ IN RE: RESOLUTION NO. 1729 AUTHORIZING THE PURCHASE OF MISCELLANEOUS BOOKS I WHEREAS, funds are available in the current library budget to purchase books to be used by the library system in the County; and WHEREAS, Doubleday & Company will make available to the Roanoke County Library System various miscellaneous books for purchase by the Library System at a 40% discount pursuant to their Public Library Plan-BOO; and WHEREAS, the Board desires to authorize said purchases in an amount not to exceed $2,400.00 in the twelve month period commencing as of this date. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that said Board hereby approves the procedure for the acquisition of miscellaneous books from Doubleday & Company by the Roanoke County Library System pursuant to Public Library Plan-BOO at a total cost to the County not to exceed $2,400.00 during the twelve month period commencing as of this date. BE IT FURTHER RESOLVED that the Director of the Library System be autho- rized to make said purchases on behalf of the Board and to execute the necessary purchase orders therefor. On motion of Supervisor Compton and adopted by the following recorded I vote: AYES: NAYS: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None IN RE: ACCEPTANCE OF A DEED FOR STREET RIGHT-OF-WAY ALONG PLANTATION ROAD Supervisor Compton moved that the deed be accepted for street right-of- way along Plantation Road and that the County Attorney be directed to prepare the form of inquiry to be sent out by the County Engineer. The motion was adopted by the following recorded vote: AYES: NAYS: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None I IN RE: SHERIFF'S DEPARTMENT - CHANGE IN PERSONNEL Supervisor Dodson moved that the request of Sheriff O. S. Foster for authorization to replace a deputy sheriff on April 1, 1977 an officer on May 1, 1977, and a secretary on April 1, 1977; said dates stipulated in the Sheriff's letter to the Board, which letter is filed with the minutes of this meeting, be approved. Supervisor Compton asked for assurance that no additional vehicles would be required. It was stated that since the new deputies will be filling vacancies of on-the-road officers, vehicles will be available. 3-8-77 494 On a call vote, the Supervisors voted as follows: Mr. Compton: No to two officers, yes to secretary Mr. Dodson: Yes to filling all three vacancies Mrs. Johnson: Yes to filling all three vacancies Mr. Tompkins: Yes to filling all three vacancies Mr. Myers: No to two officers, yes to secretary I Mr. Compton and Mr. Myers stated they voted no on replacement of the two officers because the annexation of almost 16 square miles of County territory should make it possible to have fewer officers on patrol. IN RE: PROPOSED ZONING ORDINANCE The report of the County Planner advising of progress being made by the Planning Commission in its review of the proposed new zoning ordinance was for information of the Supervisors and is filed with the minutes of this meeting. IN RE: RESOLUTION NO. 1730 APPROVING THE EXECUTION OF A REIMBURSEMENT CONTRACT FOR A WATER LINE EXTENSION WHEREAS, the developer of Spring Valley Highlands, Section 4, has re- I quested that the County enter into a reimbursement contract with said developer under which the developer would construct a water line from the existing County system to the developer's property and would be reimbursed for his costs out of connection fees paid to the County; and WHEREAS, the Roanoke County Public Service Authority has recommended tha such reimbursement contract be approved and the Board concurs in such recommenda- tion. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that said Board hereby approves the execution of a reimbursement contract with R. R. Quick, Developer of Spring Valley Highlands, Section 4, for the purpose of extending a water line from Winifred Drive to the developer's property, said reimbursement contract to be in a form approved by the County I Attorney. BE IT FURTHER RESOLVED that the County Executive be and he is hereby authorized and directed to execute said contract on behalf of the Board. On motion of Supervisor Johnson and adopted by the unanimous voice vote of the Board. 3-8- 77 IN RE: RESOLUTION NO. 1731 APPROVING THE PASSAGE OF SENATE BILL 735 BE THE 1971 SESSION OF THE VIRGINIA GENERAL ASSEMBLY WHEREAS, there has been introduced and passed before the General Assembl legislation which provides for a ten year moratorium on annexation initiated by any city against an adjoining county in the Commonwealth; and I WHEREAS, Senate Bill 735 was passed on the basis that if it proves unsatisfactory, the term of the moratorium can be reduced in the 1978 Session of the General Assembly; and WHEREAS, the Board of County Supervisors of Roanoke County is of opinion that the Governor of Virginia should sign Senate Bill 735 or permit it to become law without his signature. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that said Board hereby expresses its approval of Senate Bill 735. BE IT FURTHER RESOLVED that a certified copy of this resolution be trans mitted to the Governor of Virg inia with the request that he should sign the Bill or permit it to become law without his signature. The foregoing resolution was adopted on motion by Supervisor E. Deal I Tompkins and by the following, recorded vote: AYES: Supervisors R. Wayne Compton, C. Lawrence Dodson, Mrs. May W. Johnson, E. Deal Tompkins, and Robert E. Myers NAYS: None IN RE: RESOLUTION NO. 1732 INDICATING THE POSITION OF THE BOARD OF COUNTY SUPERVISORS ON THE PROPOSED NEW RIVER DAM WHEREAS, much controversy has arisen concerning the proposed constructio of a dam on the New River, which dam would provide the basis for much needed energ requirements of the citizens of the area; and WHEREAS, the Board of County Supervisors of Roanoke County is of opinion that efforts should be made to utilize natural energy sources rather than fossil fuels whenever feasible; and I WHEREAS, the Board desires to state itsposition in regard to the con- struction of such dam. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that said Board is of opinion that every effort should be made to utilize natural energy sources rather than fossil fuels and the construction of the New River Dam is an excellent means of utilizing a natural energy source and therefore said Board hereby goes on record as being in favor of the construction of said dam. 3-8-77 496' BE IT FURTHER RESOLVED that said Board is of opinion that, for the best interests of all citizens in utilizing natural energy sources, the New River shoul~ be removed from the list of approved Scenic Rivers so that said dam may be con- structed. On motion of Supervisor Compton and adopted by the following recorded I vote: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Myers NAYS: Mr. Tompkins IN RE: SALARY OF CIRCUIT COURT CLERK Supervisor Johnson offered a substitute motion to the one on the floor which had been continued from the February 8 and February 22 Board meetings in regard to increasing the salary of the Circuit Court Clerk. Supervisor Johnson reminded the other Board members that when the update of the Yarger Report on the County's personnel and pay plan was previously before the Board, the Supervisors had agreed not to consider reclassifications or salary changes for anyone until budget study time and she moved that consideration of the increase in the Clerk's salary be taken up during the Board's work session on the budget for 1977-78. I The substitute motion was adopted by the following recorded vote: AYES: Mr. Compton, Mrs. Johnson, Mr. Tompkins, Mr. Myers NAYS: Mr. Dodson IN RE: RESOLUTION NO. 1733 COMMENDING THE EFFORTS OF THE POLITICAL SCIENCE RESEARCH METHODS CLASS OF ROANOKE COLLEGE FOR A REPORT ON THE 1976 BOND REFERENDA WHEREAS, the Political Science Research Methods Class of Roanoke College, under the supervisor of Dr. C. William Hill, conducted a study during the month of January, 1977 to determine the reasons for the defeat of the 1976 referenda on the governmental complex and parks and recreation/library issues; and WHEREAS, said class presented its findings to the Board of County Super- and useful information concerning the voting habits of the citizens of Roanoke I visors at a meeting held on February 22, 1977, which report contained much valuable County, which information will be useful to the Board in making future decisions concerning bond referenda; and WHEREAS, the Board desires to commend said class and the college for its efforts in compiling the information contained in said report and presenting the same to the Board in a manner which will be beneficial in future years. 3-8-77 4:-9-7, NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that said Board hereby commends the efforts of the Political Science Research Methods Class of Roanoke College in undertaking and completing a study of the voting habits of Roanoke County voters and the reasons for the failure of the I 1976 bond referenda on the governmental complex and the parks and recreation/librar~. BE IT FURTHER RESOLVED that said Board hereby expresses its appreciation to the class and the college for undertaking a project which will in the future be of benefit to Roanoke County. BE IT FURTHER RESOLVED that a certified copy of this resolution be trans- mitted to said class and to the college. On motion of Supervisor Johnson and adopted by the unanimous voice vote of the Board. IN RE: AMENDMENT TO GENERAL APPROPRIATION RESOLUTION NO. 1734 On motion made by Supervisor Tompkins, the General Appropriation Resolu- tion of Roanoke County, Virginia, adopted June 8, 1976, be, and the same is hereby, amended as follows to become effective March 8, 1977: I INCREASE (DECREASE) DESCRIPTION ACCOUNT NUMBER Class: Expenditures Fund: General Operating Department: Miscellaneous Operating Functions Object: Sales Tax Payment to Vinton 6-03l8F-799 $ 25,000 Departmen t: Object: Contingent Balance Unappropriated Balance 6-0399A-999 (25,000) Adopted by the following, recorded vote: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers NAYS: None IN RE: APPOINTEMENT - LEAGUE OF OLDER AMERICANS Supervisor Tompkins moved that Mr. John G. Seibel be reappointed to serVE as Roanoke County's representative on the Board of Directors of the League of Olde I Americans, Inc. for a term of three years beginning in March, 1977 and ending in March, 1980. The motion was adopted by the unanimous voice vote of the Board. At 9:20 p.m., Supervisor Compton moved that the Board go into Executive Session to discuss a real estate matter. The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers NAYS: None 3-8-77 49:,8' At 9:45 p.m., the Supervisors returned to the Civic Center and on the motion of Supervisor Johnson and the unanimous voice vote of the members, the Board reconvened in open session. IN RE: UPCOMING MEETINGS I Chairman Myers reminded the other members of an upcoming meeting with the City of Roanoke at 2:00 p.m. on March 15 to discuss water and sewer with Roanoke City Council. He also asked the Board to agree on a time to meet on the jail situation. It was agreed to schedule this meeting for 7:00 p.m. on March 15 at the Salem-Roanoke County Civic Center. 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 9:50 p.m. CHAIRl1AN I I