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HomeMy WebLinkAbout9/9/1975 - Regular 9-9-75 ,"ji :\.' Salem-Roanoke Valley Civic Center Salem, Virginia September 9, 1975 7:00 P.M. I The Board of Supervisors of Roanoke County met this day 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 Richard C. Flora, Vice-Chairman John G. Seibel C. Lawrence Dodson, R. E. Hilton, Jr. and May Winn Johnson. Chairman Flora called the meeting to order at 7:08 p.m. and recognized Reverend George Freeman, Bonsack, Lithia Methodist Church, who offered the invocation. The Pledge of Allegiance to the flag was given in unison, led by Chairman Flora. I I On the motion of Supervisor Johnson and the unanimous voice vote of the Board, the minutes of the regular meeting of August 12, 1975 were approved as I IN RE: REQUEST FROM TAP - $25,000 I sprea~. I I I I I I ! ! Mr. Cabell Brand, President of TAP, appeared before the .Board regarding i Ithe Agency's request for $25,000 from Roanoke County. ~ I I On the motion of Supervisor Johnson and the unanimous voice vote of the !Board, the County Finance Officer was directed to prepare the necessary Appropri- , ati on Ordi nance for the September 23, j I I IN RE: i I 1975 meeting of the Board. APPLICATION OF MRS. MARY J. JOHNSON FOR A SPECIAL) EXCEPTION TO PARK A MOBILE HOME ON A 2.79 ACRE ) TRACT LOCATED AT THE END OF ROUTE 777 ) APPROVED Supervisor Hilton moved that the application of Mrs. Mary J. Johnson for a special exception to park a mobile home on a 2.79-acre tract located at the end of Route 777,0.1 mile past the end of State maintenance be approved subject to the I provisions of the County Zoning Ordinance as it pertains to mobile homes and a variance granted by the Board of Zoning Appeals. I I 'AYES: The motion was adopted by the following recorded vote: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora NAYS: None Mrs. Johnson was present at the hearing. There was no opposition. I " :~ ,,!! I( "".'ti 9-9-75 '8.tt'~.,: . .... '., " ..' " IN RE: APPLICATION OF JESSIE J. FISHER, JR. FOR A ) SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A ONE) APPROVED ACRE TRACT LOCATED ON THE EAST SIDE OF ROUTE 649 ) Supervisor Hilton moved that the application of Jessie J. Fisher, Jr. for a special exception to park a mobile home on a one-acre trakt located on the east side of State Route 649 (Dry Hollow), 1,000 feet south of State Route 639 be I approved subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes and a variance granted by the Board of Zoning Appeals. The motion was adopted by the following recorded vote: AYES: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora NAYS: None Mr. Fisher was present at the hearing. There was no opposition. IN RE: RENEWAL APPLICATION OF GEAROLD WAYNE FEURY FOR A ) SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 9 1/2 ) ACRE TRACT OWNED BY BILLIE H. FEURY AND LOCATED ON) APPROVED THE SOUTH SIDE OF ROUTE 622 (BRADSHAW ROAD) ) Supervisor Hilton moved that the renewal application of Gearo1d Wayne Feury for a special exception to park a mobile home on a 9 1/2-acre tract owned by Billie H. Feury and located on the south side of State Route 622 (Bradshaw Road), 0.6 mile west of State Route 914 be approved subject to the provisions of the I County Zoning Ordinance as it pertains to mobile homes and variances granted by the Board of Zoning Appeals. The motion was adopted by the following recorded vote: AYES: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora NA YS: None Mr. Feury was present at the hearing. There was no opposition. IN RE: RENEWAL APPLICATION OF LAZARUS A. SIMMONS FOR A ) SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A ) .98 ACRE TRACT LOCATED ON THE SOUTH SIDE OF STATE) APPROVED ROUTE 778 ) Supervisor Hilton moved that the renewal application of Lazarus A. Simmons for a special exception to park a mobile home on a .98 acre tract located I on the south side of State Route 778, 0.6 mile west of State Route 647 be approved subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes and variances granted by the Board of Zoning Appeals. 9-9-75 8~ The motion was adopted by the following recorded vote: AYES: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora NAYS: None I Mrs. Louise Hackett, sister of the applicant, was present at the hearing. There was no opposition. IN RE: APPLICATION OF WESLEY CULLER FOR A SPECIAL EXCEPTION) TO PARK A MOBILE HOME ON A 1 1/2-ACRE TRACT AND ) CONTINUED LOCATED EIGHT MILES FROM ROUTE 311 ) Supervisor Hilton moved that the public hearing on the application of Wesley Culler for a special exception to park a mobile home on a 1 1/2-acre tract presently owned by Frank and Cecil Francisco and located eight miles from State Route 311 on the north side of State Route 622 (Bradshaw Road) be continued to the September 23 meeting in order to allow Supervisors an opportunity to view the property on which the mobile home will be placed. I I , I request. The motion was adopted by the unanimous voice vote of the Board. Mr. Culler was present at the hearing. Mrs. Janet Ledgewood, area property owner, appeared in opposition to the IN RE: APPLICATION OF DAVID E. OVERFELT FOR A SPECIAL) EXCEPTION TO PARK A MOBILE HOME ON A 0.84 ACRE) DENIED TRACT LOCATED ON THE SOUTH SIDE OF ROUTE 715 ) Supervisor Johnson moved that the application of David E. Overfelt for a special exception to park a mobile home on a 0.84 acre tract located on the south side of State Route 715,0.15 mile north of U. S. Route 220 on a private road be The motion was adopted by the following recorded vote: AYES: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora NAYS: None I Mr. Overfelt was present at the hearing. Mr. Steve Boone, area resident, spoke fn opposition to the request and presented signed petitions from certain area Icitizens. I On the motion of Supervisor Johnson and the unanimous voice vote of the ,Board, the petitons presented in opposition were this date received and filed. I I ! I ,:":'~" 9-9-75 I .~ t.i~ IN RE: APPLICATION OF RONALD C. RANSOM FOR A SPECIAL ) EXCEPTION TO PARK A MOBILE HOME ON A 13.63 ACRE) APPROVED TRACT LOCATED ON THE SOUTH SIDE OF ROUTE 945 ) Supervisor Seibel moved that the application of Ronald C. Ransom for a special exception to park a mobile home on a 13.63-acre tract located on the south side of State Route 945, 0.2 mile east of Jae Valley Road (State Route 116) be I approved subject to the provisions of the County Zoning Ordinance as it pertains to mobil e homes. The motion was adopted by the following recorded vote: AYES: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora NAYS: None Mrs. Ransom was present at the hearing. There was no opposition. IN RE: REQUEST OF MRS. EDNA M. NORTON FOR A SPECIAL EXCEPTION TO OPERATE A BEAUTY SHOP IN HER HOME LOCATED AT ROUTE 4, BELFORD STREET, S.W. DENIED Supervisor Dodson moved that the request of Mrs. Edna M. Norton for a special exception to operate a beauty shop in her home located at Route 4, Belford Street, S. W. be denied since this use of the land would not be compatable with the surrounding area. I The motion was adopted by the following recorded vote: AYES: Mr. Dodson, Mrs. Johnson, Mr. Flora NAYS: Mr. Hilton, Mr. Seibel Mr. Raymond R. Robrecht, Attorney, appeared on behalf of the applicant. Petitions signed by Mrs. E. W. McElmurray and Mrs. Harold Horn, adjoin- ing property owners, in support of the request were submitted to the Board. On the motion of Supervisor Johnson and the unanimous voice vote of the Board, the petitions submitted in favor of the request were this date received and filed. Mr. James W. Cunningham, spokesman for certain area residents, appeared in opposition to the request. Mr. Cunningham stated that the increased traffic could be dangerous to the children and the request would devalue the property in the area. Mr. Cunningham presented a petition signed by 24 area citizens opposing I the request. On the motion of Supervisor Dodson and the unanimous voice vote of the Board, the petition signed by 24 area citizens in opposition to the request was this date received and filed. ~ 9-9-75 88~ IN RE: PETITION OF EUGENE E. AND MABEL M. WILLIS, ) CHARLES K. AND DIANE H. McGUIRE, TO VACATE, ) CLOSE, DISCONTINUE AND ABANDON THAT STREET ) KNOWN AS KAREN STREET ACCORDING TO THE MAP ) OF BRATTON LAWN SUBDIVISION RECORDED IN PLAT ) FINAL ORDER BOOK 3, PAGE 152, CLERK'S OFFICE OF THE CIR- ) CUlT COURT FOR ROANOKE COUNTY AND LOCATED OFF ) ROUTE 643 ) I WHEREAS, Eugene E. Willis and Mabel M. Willis, husband and wife, and Charles K. McGuire and Diane H. McGuire, husband and wife, the respective owners of Lot 7 and 8, Block 2 of the Map of Bratton Lawn Subdivision, which adjoins a street called Karen Street which is shown on the dedicated map of Bratton Lawn Subdivision dated March 25, 1955 and recorded in Plat Book 3 at Page 152 in the Clerk's Office of the Circuit Court in the County of Roanoke, and these parties have filed a petition before the Board of Supervisors to permanently vacate, dis- ,continue and close the above-described street; and I WHEREAS, the Board of Supervisors at its regular meeting ordered that said Petiton be filed with the Planning Commission for its report and recommenda- tion; and WHEREAS, the Planning Commission at its meeting on July 15, 1975 at I I 7:30 p.m., following the proper advertisement of said hearing, recommended to the I I IBoard that said Karen Street be vacated, closed,discontinued and abandoned; and j I ! ! WHEREAS, on August 12, 1975, after proper advertisement, a public hearingl Ito consider the closing of said Karen Street was held before the Roanoke County I I Board of Supervisors to consider this matter, and continued to September 9, 1975. i I , ! j I THEREFORE, be it ordianed by the Board of Supervisors that that Street I I known as Karen Street as shown on that dedicated Map of the Bratton Lawn SUbdiVisiot I dated March 25, 1955 and recorded in Plat Book 3 at Page 152 in the Clerk's Office for the Circuit Court for the County of Roanoke, Virginia, be, and it is hereby permanently vacated, discontinued, closed and abandoned, and that all right, title and interest of the County of Roanoke, Virginia, and the public therein is hereby I released insofar as the Board is so empowered to do. Be it further ordained that the Clerk of this Board do forthwith certify to the Clerk of the Circuit Court of the County of Roanoke a copy of this ordinance for recordation in the Deed Books 10f this office and a like copy to the County Engineer so that he may show on all maps in his office the closing of said street. I11III""'" . )I f":, . ,J~ , ,." .., 9-9-75 'YS,~'5 The foregoing Order was adopted on motion of Supervisor Seibel and the following recorded vote: AYES: NAYS: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora None Mr. Roy B. Willett, Attorney, appeared on behalf of the petitioners. I There was no opposition. IN RE: PETITION OF ROBERT E. CHEWNING FOR REZONING ) 2.27 ACRES LOCATED ON THE EAST SIDE OF ROUTE ) 419 AND ADJOINING MONTCLAIR FOREST SUBDIVISION ) DENIED Supervisor Hilton moved that the petition of Robert E. Chewning for rezoning 2.27 acres located on the east side of Route 419 and adjoining Montclair Forest Subdivision, about 1/2 mile north of Lakeside Amusement Park in the Catawba District from R-l to B-2 so that a furniture store may be constructed thereon be denied since it was in conflict with the long range Land Use Plan previously adopted by the Board. The motion was adopted by the following recorded vote: AYES: Mr. Dodson, Mr. Hilton, Mrs. Johnson NAYS: Mr. Flora I ABSTAINING: Mr. Seibel Mr. C. Richard Cranwell, Attorney, appeared on behalf of the petitioner. Mr. Cranwell stated that the request would not be spot zoning since the same type of zoning is located across the street. He also stated that the petitioner would leave a buffer zone between his property and the adjoining property. Speaking in opposition to the rezoning were: Mr. R. B. Maddock, rep- resenting the Church of Jesus Christ of Latter-Day Saints, which adjoins the property of Mr. Chewning. Mr. Maddock stated that the property was purchased and developed for a church because it was in a residential area and they felt that business property detracts from the church environment. He also stated that the increased traffic due to the furniture store would also cause problems; said that he had houses immediately adjacent to the proposed site and that business property could be detrimental to the sale of houses backing up on the business property. He also stated that the request was in conflict with the long range I Mr. Elwood Norris, developer of Montclair Forest Subdivision, an adjoining property, land use plan and major aerterial highway plan, and it would be spot zoning; Mr. R. J. Andrew, President of the Peters Creek Civic League, requested the Board to conform with the long range land use plan; Mr. John Mercer, area property owner, stated that the requested rezoning would lead to further commercial rezoning in the area. 9-9-75 IN RE: PETITION OF CHARLES WESLEY MYERS, ET AL, ) FOR REZONING SEVEN ACRES LOCATED ON THE ) SOUTH SIDE OF ROUTE 419 AND THE NORTH SIDE ) OF ROUTE 720 (COLONIAL AVENUE), 1500 FEET ) FINAL ORDER EAST OF THE INTERSECTION OF ROUTE 221 FROM ) R-l TO RE ) WHEREAS, Charles Wesley Myers, Emma Evelyn Myers and Anita Virginia Myers I Cranford petitioned this Board and requested that the County Zoning Ordinance be amended so as to provide that certain property described in said petition be rezoned and reclassified as Residential Estates District RE, which petition was duly filed at a regular meeting of this Board and was referred to the Planning Commission for recommendation in accordance with law; and WHEREAS, said Planning Commission by a resolution adopted at a meeting held on July 15, 1975 recommended to this Board that said County Zoning Ordinance be amended so as to change the classification of the property described in said I I I I notice has been given thereof by publication in accordance with law; and I WHEREAS, said public hearing was this day had on said proposed amendment I I I I I I I I ! I I WHEREAS, the said matter has been set down for public hearing on this petition to Residential Estates District RE; and I I date and I to the County Zoning Ordinance; and I I I and recommendation, and after hearing evidence touching on the merits of said I proposed amendment, being of the opinion that the County Zoning Ordinance should I be amen ded as req ues ted in sai d pet it i on and as recommended by the P 1 ann i ng I Commission. NOW, THEREFORE, BE IT RESOLVED AND ORDERED that at this meeting of the WHEREAS, this Board after giving careful consideration to said petition Board of Supervisors held on the 9th day of September, 1975, the said Roanoke County Zoning Ordinance be, and the same is, hereby amended so as to classify the property described in said petition from Residential R-l to Residential Estates I RE, in order that North Cross School can use said property for school-related purposes, which said property is more particularly described as follows, to wit: All that certain tract or parcel of land situate on the north side of Colonial Avenue, State Secondary Route 720, and bounded on the east by the property of J. S. Poff, on the north by Route 419, and on the west by Eaton Hills Subdivision and the property of Cola Mae Brewer, containing 7.05 acres. ,~ - ...., ...~ i.' 9-9-75 88'7 The foregoing resolution was adopted on motion of Supervisor Johnson and the following recorded vote: AYES: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora NAYS: None Mr. G. o. Clemmens, Attorney, appeared on behalf of the petitioners. I There was no opposition. At 9:00 p.m., the Board took a brief recess. At 9:15 p.m., the Supervisors returned to the Civic Center and the Board reconvened in open session. IN RE: HOME CHILD CARE On the motion of Supervisor Hilton and the unanimous voice vote of the Board, the petition prepared by Mr. Charles H. Osterhoudt, Attorney for Mrs. Katherine Sherman, requesting Board's consideration regarding Home Child Care as a type of land use to be taken into account in revision of the County Zoning Ordinanc was referred to the County Administrator for appropriate study and consideration. IN RE: BINGO PERMIT RENEWAL - CAVE SPRING RESCUE SQUAD LADIES AUXILIARY I Supervisor Johnson moved that the application of Cave Spring Rescue Squad Ladies Auxiliary for renewal of their Bingo Permit be approved to become effective September 11, 1975, for a period of one year. The motion was adopted by the unanimous voice vote of the Board. IN RE: PARADE PERMIT FEE Supervisor Hilton moved that the request of the Virginia Society for the Prevention of Blindness, Inc. requesting Board to waive parade permit fee of $15.00 be received and filed. The motion was adopted by the unanimous voice vote of the Board. IN RE: ITEMS TO BE REFERRED TO THE PLANNING COMMISSION On the motion of Supervisor Johnson and the unanimous voice vote of the Board, the following petition was this date received, filed and referred to the I Planning Commission for its recommendation: Petition of Mrs. Gay B. Shober for rezoning 0.75 acre located in the Crescent Heights Subdivision on Stearnes Avenue in the Cave Spring District from R-l to RE in order that a day care center may be operated thereon. 9-9-75 3i;,~ IN RE: RESOLUTION NO. 1302 AMENDING THE ROANOKE COUNTY GRIEVANCE PROCEDURE I WHEREAS, the Board of Supervisors by Resolution No. 1049 adopted May 15, 1974. adopted and approved a grievance procedure for all County employees. exc1usivt of employees of all constitutional offices, employees of the school system and I I employees of the welfare department; and WHEREAS, the County Administrator, in his report dated September 9, 1975 has recommended certain amendments to said grievance procedure; and WHEREAS, pursuant to legislation adopted by the 1975 General Assembly the local welfare board has requested all welfare department employees be included within the County's grievance procedure; and WHEREAS, the Board of Supervisors is of opinion that said changes to the I I I I County's grievance procedure are appropriate and that the welfare department employees should be included within the County's grievance procedure. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke Section XVII. Grievance Procedure be amended by the inclusion of the following language in the end of said section: I When the question of grievability cannot be satisfactorily resolved at any stage prior to Step 4, the employee may make a request, and the appro- priate County official shall forward such request for a ruling of the grievability from the County Attorney, who shall respond within five days from the receipt of such request. Regardless of whether they are grievable, all complaints should be given attention. This process is in recognition of the generally accepted principle that any matter of such concern as to effect the morale of an employee or group of employees should be of equal concern to management. No complaint may be addressed beyond the top management level before grievability has been determined. Only after grievabi1ity has been determined shall a grievance be processed through the panel stage. BE IT FURTHER RESOLVED that pursuant to the provisions of Section 15.1- 7.1 of the Code of Virginia, and the request of the local welfare board, that the County grievance procedure shall, and it is hereby made applicable to the emp1oy- ees of the Roanoke County Welfare Department. The foregoing resolution was adopted on motion of Supervisor Seibel and I the following recorded vote: I I AYES: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora ~ i NAYS: None '")~ ~ 9-9-75 '~8 ~9 IN RE: RESOLUTION NO. 1303 REQUESTING THE VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION TO EXPEDITE IMPROVEMENTS TO SECONDARY ROUTES 618 AND 658 WHEREAS, the Board of Supervisors, in action taken on February 13, 1973, approved the issuance of a special-use permit for the operation of a joint sanitary landfill on the M. S. Thomas property in Roanoke County upon certain terms and I conditions; one of which was that certain improvements be made to State Secondary Routes 618 and 658; and WHEREAS, the Roanoke Valley Regional Solid Waste Management Board, of which Roanoke County is a member, has requested the Board of Supervisors to request the Virginia Department of Highways and Transportation to expedite improvements to said roads; said improvements to be in accordance with the requirements contained in the special-use permit. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that said Board hereby respectfully requests the Virginia Department of Highways and Transportation to expedite the improvements to State Secondary Routes 618 and 658 in accordance with the requirements contained in the special-use permit issued by the Board of Supervisors on February 13, 1973. BE IT FURTHER RESOLVED that the Clerk transmit a certified copy of this I resolution to the Virginia Department of Highways and Transportation through appropriate channels. The foregoing resolution was adopted on motion of Supervisor Johnson and the following recorded vote: AYES: NAYS: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora None IN RE: TRAILER PERMIT - DEBRA KAY RICHARDS Mr. Douglas R. Schwartz, Attorney representing Debra Kay Richards, appearEd before the Board and requested the Supervisors to reconsider condition 8 of the permit regulations on the trailer permit of Miss Richards. Supervisor Seibel moved that the original permit conditions, as previous- I ly stated in a letter to Miss Richards, be enforced. The motion was adopted by the following recorded vote: AYES: Mr. Dodson, Mrs. Johnson, Mr. Seibel, Mr. Flora NAYS: Mr. Hilton 9-9-75 890' IN RE: RESOLUTION NO. 1304 AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A PURCHASE ORDER FOR REPAIRS TO THE VINTON BRANCH LIBRARY WHEREAS, recent investigation has revealed certain damage to the roof trusses at the Vinton Branch Library, which damages are of a nature so as to I require emergency repairs; and WHEREAS, the architects that originally designed the Branch Library were requested to obtain and have obtained proposalS from various contractors setting out cost estimates for the necessary work to repair said trusses together with certain additional work; and WHEREAS, the Board of Supervisors is of opinion that the hereinafter set I out proposal is the best proposal made to the County for such work and that such repairs require emergency action by the Board. I I NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke ! i I County that the County Administrator be, and he is hereby authorized and directed I to execute a purchase order authorizing Acorn Construction Company to perform I I certain specified repairs to the Vinton Branch Library at a cost to the County not I I I to exceed $5,577 without further approval of the Board of Supervisors. I The foregoing resolution was adopted on motion of Supervisor Seibel and the following recorded vote: I AYES: I NA Y S : I I ABSTAINING: ! i ! IN RE: i ! ! i Mr. Dodson, Mrs. Johnson, Mr. Seibel, Mr. Flora None Mr. Hil ton AMENDMENT TO GENERAL APPROPRIATION ORDINANCE NO. 1305 On motion of Supervisor Seibel, the General Appropriation Ordinance of Roanoke County, Virginia, adopted June 10, 1975, be, and the same is hereby amended I as follows to become effective September 9, 1975: EXPENDITURES - Maintenance of Buildings and Grounds 215f - Repairs to Vinton Library: An additional appropriation of $5,952 is hereby made from the General Operating Fund for the period ending June 30, 1976, for the function and purpose hereinabove indicated. Adopted by the following recorded vote: Mr. Dodson, Mrs. Johnson, Mr. Seibel, Mr. Flora None ABSTAINING: Mr. Hilton ',": t't 9-9-75 ~9;1 IN RE: RESOLUTION NO. 1306 APPROVING A FORM FOR MAINTAINING AN ACCURATE DAILY RECORD OF TIME WORKED AND INSTRUCTING ITS USE WHEREAS, the Fair Labor Standards Act was recently amended by the United States Congress requiring all governmental subdivisions to comply with the pro- visions of said Act effective May, 1975; and WHEREAS, one of the provisions of said Act requires the County to I maintain accurate written records of time actually worked for all non-exempt employees; and WHEREAS, the County Administrator has recommended the use of a certain form which has been approved by the United States Department of Labor, Wage and Hour Division, which agency is responsible for the enforcement of said Act. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that said Board hereby approves the form attached hereto as Exhibit A as the form to be used by all County employees, including employees of all Constitu- tional Offices, Courts, Welfare Department, Extension and Continuing Education, Library and Air Pollution Control, but excluding all exempt employees as determined by the County Administrator. BE IT FURTHER RESOLVED that said Board hereby instructs, directs and I requires all non-exempt employees to complete said form and further instructs, directs and requires all department heads to approve the same and forward the same to Finance Department, which shall maintain said forms for a period of three years. The foregoing resolution was adopted on motion of Supervisor Johnson and the following recorded vote: AYES: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora NAYS: None Exhibit A, form to be used by all County employees, is filed with the minutes of this meeting. I 9-9-75 s IN RE: RESOLUTION NO. 1307 AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A PURCHASE ORDER FOR THE ACQUISITION OF CERTAIN EQUIPMENT FOR USE BY CERTAIN COUNTY DEPARTMENTS WHEREAS, bids were received on August 28, 1975, in the office of the I County Administrator for the acquisition of certain equipment to be used by various County departments and agencies, said equipment including refuse packers, a van for the maintenance crew, pick-up trucks and a dump truck; and WHEREAS, the County Administrator in his report dated September 9. 1975, has recommended the acquisition of the equipment hereinafter set out; the bids for said equipment complying in all respects to the County's specifications therefore and, because of the urgent need for said equipment and prior experience with similar equipment; the bids accepted being the best bids received by the County. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that the bids hereinafter set out for the following described equipment be, and they are hereby accepted by the Board of Supervisors: 1. The bid of Truxmore Industries for three refuse packers in the amount of $16,896.00 per unit for a total cost of $50,688.00. I 2. The bid of Beach Brothers Dodge for a van for use by the maintenance crew in the amount of $4,162.00. 3. The bid of Magic City Motors for three pick-up trucks in the amount of $3.663.33 per truck for a total cost of $10,990.00. 4. The bid of Beach Brothers Dodge for a dump truck costing $8,548.00. BE IT FURTHER RESOLVED that the County Administrator be, and he is I hereby authorized and directed to execute the necessary purchase orders for the I I acquisition of the hereinabove set out equipment. The foregoing resolution was adopted on motion of Supervisor Seibel and the following recorded vote: AYES: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora I NAYS: None '. 9-9-75 ~9;S I ,,' IN RE: RESOLUTION NO. 1308 AUTHORIZING THE ISSUANCE OF $8.7 MILLION SANITARY SEWER BONDS AND $6.1 MILLION WATER BONDS OF ROANOKE COUNTY, VIRGINIA, AND PRE- SCRIBING SOME OF THE DETAILS OF SAID BONDS AND AUTHORIZING THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SAID BONDS WHEREAS, a majority of the qualified voters of Roanoke County voting at an election duly called and held on November 5, 1974, were in favor of the contrac- ting of debt and the issuance of bonds of said County of the principal amount of $8.7 million of bonds for the purpose of financing the cost of sanitary sewer facilities and $6.1 million of bonds for the purpose of financing the cost of water I facilities, and an order was duly entered on December 30, 1974, in the Circuit Court of said County authorizing the Board of Supervisors of said County to proceed to carry out the wishes of the voters of said County; and WHEREAS. the Board of Supervisors desires to authorize the issuance of said bonds and to prescribe some of the details thereof and provide for the issuanc -of bond anticipation notes in anticipation of the sale thereof. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: (1) Roanoke County shall issue its bonds of the principal amount of $8.7 million pursuant to the provisions of the Public Finance Act (Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as amended) and in accordance with the proposition approving the issuance of said bonds adopted by a majority of the qualified voters of said County at an election held on November 5, 1974. The moneys raised by the issuance of said bonds shall be used to finance the cost of I sanitary sewer facilities to be part of a County wide sanitary sewer system, including the acquisition of sanitary sewer facilities owned by the Roanoke County Public Service Authority, the acquisition and construction of additions thereto and the reconstruction and extension thereof. Said bonds shall be designated "Sewer Bonds", shall be dated and shall be payable in installments as may be determined by the Board of Supervisors of Roanoke County by resolution adopted prior to the issuance thereof. I (2) Roanoke County shall issue its bonds of the principal amount of $6,100,000 pursuant to the provisions of the Public Finance Act (Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as amended) and in accordance with the proposition approving the issuance of said bonds adopted by a majority of the qualified voters of said County at an election held on November 5, 1974. The 9-9-75 3;9:4 moneys ra i sed by the issuance of said bonds sha 11 be used to fi nance the cost of I water facilities to be a part of a County wide water supply system and distribution system, including the acquisition of water facilities owned by the Roanoke County Public Service Authority, the acquisition and construction of additions thereto and the reconstruction and extension thereof. Said bonds shall be designated "Water Bonds," shall be dated and shall be payable in installments as may be determined by the Board of Supervisors of Roanoke County by resolution adopted prior to the issuance thereof. (3) Both principal of and interest on the bonds shall be payable at Paying Agents to be designated by the Board of Supervisors prior to the issuance thereof, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. I bonds shall bear the facsimile signature of the Chairman of the Board of supervisorf and shall be signed by the County Treasurer and a facsimile of the official seal I " I i I j I I ! ! 1 I i I I Said of said Board shall be imprinted upon said bonds. The interest coupons to be attached thereto shall be authenticated with the facsimile signature of said Chairman. I (4) Said bonds and the interest coupons representing the interest payable thereon shall be in substantially the following form: $ I No. I I I I I UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA ROANOKE COUNTY BOND j ! IOf the Commonwealth of Virginia, hereby acknowledges itself indebted and for value I received promises to pay to the bearer of this bond the sum of I ROANOKE COUNTY (herein referred to as "County"), a political subdivision DOLLARS ($ on , 19___, and to pay interest thereon from the date of this bond I until it shall mature at the rate of per centum ( %) per annum, payable on and in each year, upon presenta- I tion and surrender of the coupons therefor attached hereto, as they severally I mature. Both principal of and interest on this bond are payable at or, at the option of the holder, I at the pri nci pa 1 offi ce of I I , in :_.::~,~~;:~ ,~'< ~~.~:., 9-9-75 95 any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. (This paragraph to appear only in IISewer Bondsll) This bond is one of an issue of bonds of like date and tenor, except as to maturity, (rate of interest) and number, issued pursuant to the provisions of the Public Finance Act (Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as amended) to finance the cost of sanitary sewer facilities to be part of a County wide sanitary sewer system, including the acquisition of sanitary sewer facilities owned by the Roanoke County Public Service Authority, the acquisition and extension thereof. The contracting of the debt evidenced by this bond and the issuance of this bond were approved by a majority of the qualified voters of the County at an election duly held on November 5, 1974. (This paragraph to appear only in IIWater Bondsll) This bond is one of an issue of bonds of like date and tenor, except as to maturity, (rate of interest) and number, issued pursuant to the provisions of the Public Finance Act (Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as amended) to finance the cost of water facilities to be a part of a County wide wate supply system and distribution system, including the acquisition of water facilitie owned by the Roanoke County Public Service Authority, the acquisition and construc- tion of additions thereto and the reconstruction and extension thereof. The con- tracting of the debt evidenced by this bond and the issuance of this bond were approved by a majority of the qualified voters of the County at an election duly held on November 5, 1974. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the Commonwealth of Virginia to exist, be performed or happen precedent to or in the issuance of this bond, exist, have been performed and have happened, and that the amount of this bond together with al other indebtedness of the County, is within every debt and other limit prescribed by the Constitution or statutes of said Commonwealth. The faith and credit of the County are hereby pledged to the punctual payment of the principal of and interest on this bond in accordance with its terms. I I I 9-9-75 3:. .. IN WITNESS WHEREOF, the Board of Supervisors of the County has caused I this bond to be signed by a facsimile of the signature of its Chairman, to be signed by the County Treasurer and a facsimile of the official seal of the Board tol be imprinted hereon, and the interest coupons hereto annexed to be authenticated I with the facsimile signature of said Chairman, and this bond to be dated (facsimile) Chairman, Board of Supervisors of Roanoke County, Virginia County Treasurer of Roanoke County, Virginia (Form of Coupon) NO. NO. On the day of , 19 , ROANOKE COUNTY, a political subdivision of the Commonwealth of Virginia, will pay to bearer DOLLARS ($ I at lor. at the option of the holder. at the principal office of ! I lin any coin or currency of the United States of America which is then legal tender for the payment of public and private debts, being the interest then due on its Bond, dated , No. (facsimile) Chairman, Board of Supervisors of Roanoke County, Virginia (5) For the payment of the principal of and the interest on the bonds authorized by this resolution as the same shall become due, the full faith and credit of Roanoke County, Virginia, are hereby irrevocably pledged, and each year while any of said bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in said I County subject to local taxation sufficient in amount to provide for the payment of the principal of and the interest on said bonds as such principal and interest shall become due, which tax shall be in addition to all other taxes authorized to I be levied in said County. I , 9-9-75 (6) The sum of $8,700,000 shall be borrowed by Roanoke County in anticipation of the receipt of the proceeds of the sale of the bonds authorized to be issued for the purpose of financing the cost of sanitary sewer facilities which were approved by the qualified voters of Roanoke County voting at said election held on November 5, 1974, and $6,100,000 shall be borrowed by Roanoke County in anticipation of the receipt of the proceeds of the sale of the bonds authorized to be issued for the purpose of financing the cost of water facilities which were approved by the qualified voters of Roanoke County voting at said election held on November 5, 1974. Negotiable notes each designated "Sewer Bond Anticipation Note" or "Water Bond Anticipation Note" as the case may be, shall be issued for the sums, or portions thereof, so borrowed. Each such note shall be dated on or about the date of its issuance and shall be payable within two years, provided that on or after such maturity date, any such note may be extended from time to time; provided, further, that no such extension shall be payable later than five years from the date of issuance of the original note issued to finance the respective purpose for which bonds have been authorized. Each such note shall bear interest from its date at a rate which shall not exceed the maximum rate of interest at the time allowed by law. Such interest shall be payable at the maturity of the note. Each of said notes shall be signed by the Chairman of the Board of Supervisors of Roanoke County and by the County Treasurer of Roanoke County and the seal of the County shall be impressed on such note. I I (7) Such notes shall be issued by the Chairman of the Board of Super- visors of Roanoke County and the County Treasurer of Roanoke County from time to time in such denominations and bear such rate of interest payable at such places of payment at such time, within the provisions of this resolution, as they shall determine. The power to make such determination is. hereby delegated to the Chair- man of the Board of Supervisors and the County Treasurer. A report of each sale of notes shall be made by the aforesaid officials to the Board of Supervisors promptly after each transaction. The foregoing resolution was adopted on motion of Supervisor Johnson and the following recorded vote: AYES: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora NAYS: None I 9-9-75 39;; t;.,,4 :' ,.:4. IN RE: NOTICE OF INTENTION TO AMEND THE ROANOKE COUNTY CODE BY REVISION CERTAIN SECTIONS OF THE CODE TO PARALLEL THE NEW STATE CRIMINAL CODE I BE IT RESOLVED by the Board of Supervisors of Roanoke County that a publi hearing be held at an adjourned meeting of the Board of Supervisors to be held on September 30, 1975 at 4:00 p.m. in the office of the County Administrator of Roanoke County at 306A East Main Street, Salem, Virginia, at which time it will be moved that the following sections of the Roanoke County Code be amended so as to bring said sections in conformity with the provisions of the Code of Virginia 1 relating to penalties for various crimes and offenses committed in Roanoke County: Chapter 1, General Provisions, Section 1-6, General penalty; continuing violations. Chapter 4, Amusements, Article V, Bingo Games, Section 4-14, Permit required, sub-section (e). Chapter 5, Animals and Fowl, Article II. Dogs, Division 2, Licenses, Section 5-27, Penalties for violation of division. I Chapter 7, Buildings, Electricity and Plumbing Codes, Section 7-18, Violations generally, and Section 7-59, Violations and penalties are repealed. Chapter 9, Licenses, Article I. In General, Section 9.1-12, Expiration of license and penalty for continuing without license, subsection (2). Chapter 10, Motor Vehicles and Traffic, Article I. In General, Section 10-11, subsection (a). Chapter 10, Motor Vehicles and Traffic, Article II. Operators' License and Vehicle Registration, Section 10-15, subsection (b) Chapter 10, Motor Vehicles and Traffic, Article II. Operators' License and Vehicle Registration, Section 10-16, subsection (b) Chapter 10, Motor Vehicles and Traffic, Article II. Operators' License and Vehicle Registration, Section 10-17, subsection (b) Chapter 10, Motor Vehicles and Traffic, Article III. Driving While Under Influence of Alcohol, Drugs and Other Intoxicants, Section 10-27 Chapter 10, Motor Vehicles and Traffic, Article III. Driving While Under Influence of Alcohol, Drugs and Other Intoxicants, Section 10-29. I Chapter 11, Offenses - Miscellaneous, Section 11-10 Chapter 21, Zoning, Article I, In General, Section 21-14 . ", " 9-9-75 t 1 99 The full text of the proposed notice of intention is on file in the Clerk's Office of the Circuit Court of the County of Roanoke, in the office of the County Administrator and is posted at the front door of the Roanoke County Court- house. On motion of Supervisor Johnson and adopted by the following recorded I vote: AYES: NAYS: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora None IN RE: NOTICE OF INTENTION TO AMEND ORDINANCE NO. 1178 GRANTING A GRANCHISE FOR A CATV SYSTEM IN ROANOKE COUNTY BE IT RESOLVED that a public hearing be held on September 23, 1975, at 7:00 p.m. at a regular meeting of the Roanoke County Board of Supervisors held at the Salem-Roanoke Valley Civic Center, at which time it will be moved that Ordinance No. 1178 granting a franchsie for a CATV system in Roanoke County be amended as follows: Section 14. Payments to the County This amendment to take effect September 23, 1975 On motion of Supervisor Johnson and adopted by the unanimous voice vote I of the Board. The entire Notice of Intentiion regarding CATV is filed with the minutes of this meeting. IN RE: RESOLUTION NO. 1309 ABOLISHING THE POSITION OF TIE BREAKER FOR THE BOARD OF SUPERVISORS WHEREAS, the Code of Virginia has recently been amended to provide for alternate means of appointment for the tie breaker of the Board of Supervisors and to provide further that the Board may determine not to provide for the appointment or election of such tie breaker; and WHEREAS, the Board of Supervisors is of opinion that it is not in the best interests of said Board to provide for the appointment or election of a tie breaker and that the same is therefore not necessary. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke I County that said Board hereby determines that it shall not provide for the appointment or election of a tie breaker for the Board of Supervisors of Roanoke County and that a tie vote upon any issue before the Board shall result in the defeat of the motion, issue, resolution or ordinance before said Board. f.' "'~ 9-9-75 The foregoing resolution was adopted on motion of Supervisor Seibel and the following recorded vote: AYES: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel NAYS: Mr. Flora I IN RE: HIGHWAY DEPARTMENT - REQUEST FOR ADDITION TO SECONDARY HIGHWAY SYSTEM - NELL CIRCLE, BURNETT HEIGHTS SUBDIVISION On the motion of Supervisor Seibel and the unanimous voice vote of the Board, the following road was this date requested to become a part of the State Secondary System of Highways in Roanoke County: Nell Circle from Beaumont Road (Route 621) south to end, a distance of 0.17 mile. IN RE: HIGHWAY DEPARTMENT - REQUEST FOR ADDITION TO SECONDARY HIGHWAY SYSTEM - TINKERVIEW ROAD, BELLVIEW GARDENS, SECTION 2 On the motion of Supervisor Seibel and the unanimous voice vote of the Board, the following road was this date requested to become a part of the State Secondary System of Highways in Roanoke County: I I I I IN RE: I I I I Tinkerview Road from Shadwell Drive (Route 605) northeast to Old Mountain Road (Route 1511), a distance of 0.29 mile. RESOLUTION NO. 1310 DESIGNATING THE NAME OF A CERTAIN UNNAMED ROAD IN ROANOKE COUNTY - STATE ROUTE 1144 - ZANA DRIVE WHEREAS, property owners on State Route 1144 in Roanoke County which extends in a southeasterly direction from Wildwood Road (Route 6191 have requested the Board of Supervisors to name said road Zana Drive; and WHEREAS, pursuant to Section 15.1-379 of the Code of Virginia, as amended, the governing body of any County is authorized and by resolution duly adopted, may name streets, roads, and alleys therein, outside the corporate limits, of towns, except those primary highways conforming to Section 33.1-12 of the Code of Virginia. I NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke Adopted on motion of Supervisor Hilton and the following recorded vote: AYES: ! NAYS: I i I I I Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora None . .f ~ 9-9-75 "'Y4-01 IN RE: REQUEST OF OAK GROVE PROPERTIES, INC., FOR ACCEPTANCE OF A DEED PREVIOUSLY RECORDED IN THE CLERK'S OFFICE On the motion of Supervisor Seibel and the unanimous voice vote of the Board, the request of Oak Grove Properties, Inc., for acceptance of a deed previously recorded in the Clerk's Office was continued to the October 14, 1975 I meeting of the Board. IN RE: RESOLUTION NO. 1311 COMMENDING THE EFFORTS OF HOCKEY, INC. TO MAINTAIN A HOCKEY FRANCHISE IN THE ROANOKE VALLEY WHEREAS, various citizens, businessmen and loyal hockey fans, upon recognizing the fact that the Roanoke Valley was in danger of losing its franchise for ice hockey, have recently formed and incorporated an organization known as Hockey, Inc., with the goal of maintaining a local franchise in the Southern Hockey Association, which goal has been realized; and WHEREAS, the Board of Supervisors of Roanoke County is desirous of recognizing the efforts of said citizens in their attempts to keep said franchise in the Roanoke Valley. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke I County that said Board does hereby commend and support the efforts of those citizens comprising Hockey, Inc., for their success in maintaining a professional hockey franchise in the Roanoke Valley and does express appreciation to those citizens for their untiring interest and desire to keep this exciting sport available for the viewing pleasure of its fans and for the incidential but most important recreational benefits to the youth of the area. BE IT FURTHER RESOLVED that said Board does urge all citizens and businesses in the area to unite with Hockey, Inc., and match its enthusiastic support of professional hockey in the Roanoke Valley. The foregoing resolution was adopted on motion of Supervisor Hilton and the following recorded vote: AYES: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora NAYS: None I 9-9-75 IN RE: RESOLUTION NO. 1312 URGING THE GENERAL ASSEMBLY TO AMEND COURTHOUSE REMOVAL PROVISIONS OF THE CODE OF VIRGINIA AND REQUESTING THE VIRGINIA ASSOCIATION OF COUNTIES TO INCLUDE IN ITS LEGISLATIVE PROGRAM FOR 1976 SUCH A REQUEST WHEREAS, Article 3, Chapter 12, of Title 15.1 of the Code of Virginia I sets out procedure to be utilized by any county which seeks to remove its court- house from its present location to another site; and WHEREAS, Section 15.1-561 of the Code of Virginia requires a two-thirds vote at a referendum held on such question in order to approve the removal of the I I requests the Virginia Association of Counties to include in its legislative for 1976 legislation which would provide for such amendment. I courthouse to another site; and I WHEREAS, the Board of Supervisors of Roanoke County is of opinion that th~ I I any county seeking such removal and that said section should be amended to provide I j that a courthouse may be removed upon approval of a majority of the persons voting I I i I WHEREAS, the Board of Supervisors therefore urges the General Assembly tol I I i I authorized if a majority of the voters approve such removal; and said Board further! I programl I I i I \ I County that said Board respectfully urges the General Assembly of Virginia to amendl Section 15.1-561 of the Code of Virginia by reducing the required vote for approval I on the question of removal of the courthouse from two-thirds to a simple majority. I BE IT FURTHER RESOLVED by said Board that such legislation be adopted as I I ! I I i i I I provisions of Section 15.1-561 of the Code of Virginia place an undue hardship on at such referendum; and amend Section 15.1-561 to provide that the removal of the courthouse would be NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke emergency legislation by the General Assembly. BE IT FURTHER RESOLVED by the Board of Supervisors that the Virginia Association of Counties include in its legislative program for 1976 legislation which would provide for such amendment and such emergency provision. BE IT FINALLY RESOLVED that a certified copy of this resolution be I transmitted to all area legislators. The foregoing resolution was adopted on motion of Supervisor Dodson and the following recorded vote: AYES: NAYS: Mr. Dodson, Mrs. Johnson, Mr. Seibel, Mr. Flora Mr. Hil ton I I ~ '~., 1 .... 9-9-75 'Y408 I IN RE: RESOLUTION NO. 1313 REQUESTING THE VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION TO PLACE FOUR-WAY STOP SIGNS AT THE INTERSECTION OF FLEETWOOD AVENUE AND RED ROCK ROAD WHEREAS, citizens in the area of Fleetwood Avenue and Red Rock Road have advised the members of the Board of Supervisors that the intersection of said two roads is a dangerous intersection as a result of increased traffic at said intersection; and I WHEREAS, the Board of Supervisors is of opinion that in order to provide for the safety of the citizens of Roanoke County, it is in the best interests of said citizens to have four-way stop signs placed at said intersection; and WHEREAS, the Board desires to recommend the placement of said four-way stop signs at said intersection. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that said Board recommends the placement of four-way stop signs at the intersection of Fleetwood Avenue and Red Rock Road in Roanoke County and further urges the Virginia Department of Highways and Transportation to study said matter and to locate stop signs at said intersection. BE IT FURTHER RESOLVED that a certified copy of this resolution be transmitted to the Virginia Department of Highways and Transportation through I appropriate channels. AYES: NAYS: On motion of Supervisor Dodson and adopted by the following recorded votE: Mr. Dodson, Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora None IN RE: FEDERAL BUILDING Supervisor Dodson moved that the County Administrator be authorized to correspond with the appropriate Federal/Postal Service officials concerning the possible availability and feasibility of the Federal building, the terms and conditions involved in the County's acquisition of the building. The motion was adopted by the following recorded vote: AYES: Mr. Dodson, Mrs. Johnson, Mr. Seibel, Mr. Flora NAYS: Mr. Hil ton I t: 9-9-75 4Q- On the motion of Supervisor Johnson and the unanimous voice vote of the members, the Board went into Executive Session to discuss matters involving personnel and real estate. I At 11:34 p.m., the Supervisors returned to the Civic Center and on the motion of Supervisor Hilton and the unanimous voice vote of the members, the Board reconvened in open session. This concluded the business before the Board at this time, and on the motion of Supervisors Hilton and the unanimous voice vote of the members, the meeting was adjourned at 11:35 p.m. -v,@.. ,~Vc ~)'"~ CHA I RMAN --- I I