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Home My WebLink About4/9/1985 - Regular ~ April 9, 1985 ~. ¡Çj A -L1 \i__~~ ~~, I Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24015 April 9, 1985 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the second regularly scheduled meeting of the month of April, 1985. IN RE: CALL TO ORDER Chairman McGraw called the meeting to order at 3:07 p.m. I The roll call was taken. MEMBERS PRESENT: Chairman Steven A. McGraw; Vice-Chairman Athena E. Burton; Supervisors Harry C. Nickens, and Alan H. Brittle MEMBERS ABSENT: Supervisor Gary J. Minter IN RE: EXECUTIVE SESSION Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-334 (a), (1), (2), (4), and (6). The motion carried by a unanimous voice vote. Supervisor Minter arrived during Executive Session. I IN RE: OPEN SESSION Supervisor Brittle moved to return to Open Session at 4:10 p.m. The motion carried by a unanimous voice vote. IN RE: CITIZENS COMMENTS AND COMMUNICATIONS ~ ~ 570 April 9, 1985 Mr. Fred Altizer, Resident Engineer, Virginia Department of Highways and Transportation, addressed the Board of Supervisors regarding the prioritization of funds for the Secondary System. Mr. Altizer reported that the there were $340,000 more in this fund than last year. He also reported that the public hearing would be held on April 23, 1985. Lucian Grove of Center in the Square was present to request funds from the County to invest in education and cultural aspects of the Center in the Square. Mr. Grove reported that approximately 15 percent (15%) of funding will be received from the street front store owners, $250,000 from the Commonwealth of Virginia; $100,000 from the City of Roanoke (this amount has not been verified as of this date); and the Center has requested the City of Salem for a $25,000 annual operating grant. The Center is requesting funds from the County in the amount of $65,000 to be used as an annual operating grant. This amount is $1.00 for each county resident. Supervisor Brittle expressed his support and reported to Mr. Grove that the Board could not make a decision tonight but would consider his request. IN RE: REPORTS OF OFFICERS, DEPARTMENTS, AND COMMITTEES I 1. Industrial Development Authority - Timothy Guba1a, I ¡ Superintendent of the Department of Development, reported that Mr. Steve Strauss has moved his office to Penn Forest. The Board has earlier authorized a $200,000 bond. In advertising for the first bond, language was left out concerning the payment schedule The approval of this bond request will not affect the money the Board receives. Supervisor Nickens moved for approval of the request. RESOLUTION 85-45 AUTHORIZING THE ISSUANCE OF IDA BONDS FOR MAURY STRAUSS WHEREAS, the Industrial Development Authority of Roanoke County, Virginia, (the Authority) has considered the application of Maury Strauss (the Purchaser) requesting the ~ I I I I: ,I .., April 9, 1985 57 1 I amendment and modification of the Note and other documents in the amount of $200,000 (the Note) to assist in constructing and equipping an office building to be located at the southwest corner of Bernard Drive and Penn Forest Blvd. in Roanoke County, Virginia, which is owned and operated by the Purchaser and has held a public hearing thereon; and WHEREAS, it has been requested that the Board of Supervisors of Roanoke County, Virginia, (the Board) approve the financing, amendment and modification of the project documents and that such approval is required for compliance with Section 103(k) of the Internal Revenue Code. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. The Board approves the financing of the Project and the amendment and modification of the Note and other documents by the Authority for the benefit of the Purchaser, as required by said Section 103(k), to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance, modification and amendment of the Note, as required by Section 103(k), does not constitute an endorsement of the Note, the creditworthiness of the Purchaser or the financial viability of the Project. The Note shall provide that neither the Commonwealth of Virginia (the Commonwealth) nor any political subdivision thereof, including Roanoke County, Virginia (the County) and the Authority, shall be obligated to pay the principal of or interest on the Note or other costs incident thereto except from the revenues and receipts pledged therefor and that neither the faith or credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the County and the Authority, shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. I I - ~ ~ 5~79 ~ ~ April 9, 1985 On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw NAYS: None 2. Department of Public Facilities - Superintendent of, I Public Facilities, John Hubbard, reported on the Town of vinton's! I request for approval of a water storage tank. The actual water I storage tank will be outside of Bedford but the water lines will be through Roanoke County's property. Supervisor Nickens moved to approve the prepared resolution. RESOLUTION 85-46 APPROVING THE LOCATION OF CERTAIN WATER SYSTEM FACILITIES BY THE TOWN OF VINTON IN ROANOKE COUNTY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the proposal by the Town of Vinton to construct a water storage tank in Bedford County and the installation of water transmission mains in Roanoke County I constitutes a public benefit both to the County and the Town and therefore Roanoke County hereby supports the Town of Vinton in this project; and 2. That the installation of said water system facility in Roanoke County is hereby approved and authorized; and 3. That the Town of Vinton is hereby requested to notify the Superintendent of Public Facilities for Roanoke County of construction plans and development phases and further to submit the plans for this project for his review. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw NAYS: None John Hubbard also reported on Vinton's Spring Carnival. The contract provides that the County will receive a percentage I of profits. Supervisor Nickens moved to approve the prepared resolution. ----- ~ ~ April 9, 1985 ~~Q û'~ ~ RESOLUTION 85-47 AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE CARNIVAL CONTRACT I BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is authorized to execute a contract with Sunshine Shows to provide carnival rides and concessions on May 8 through 11, 1985, at the Vinton Recreation Center grounds. This approval shall be subject to a review by the County Attorney of the proposed contract. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw NAYS: None 3. Department of Development - Rob Stalzer, Planning Coordinator, updated the Board on the regional geographic I information system. The Bonsack community planning area should be completed by the end of June, 1985. The planning staff is currently in the process of computerizing their geographic information system. Supervisor McGraw requested a work session at a later date. Mr. Stalzer reported that the approximate cost for sewer and water for Roanoke and Botetourt County will be $1.3 million. His staff has initiated discussion with several agencies within the Valley with respect to architectural services to evaluate housing units. There are 79 housing units and 215 residences to evaluate for housing rehabilitation which will be undertaken by the Community Development Block Grant monies. The General Assembly has set aside $90,000 through the Virginia Water I Projects program to be used specifically for water and sewer. His department is trying to fund all sewer and water through Farmer Home Administration, all housing rehabilitation through Community Development Block Grants and Revenue Sharing. Funds from the Virginia Department of Highways and Transportation will be used to improve the roads. ~ u ~ 574 April 9, 1985 4. Department of Fiscal Management - John Chambliss, Superintendent of Fiscal Management, reported that the Internal Revenue Service has adopted new regulations and rulings since I January 1, 1985, concerning the personal use of company owned vehicles. The Internal Revenue Service now provides a flat per diem charge to be assessed against the individual employee of $3.00 provided that the necessary criteria is met. In order for the County employees to qualify for this, the County must obtain a specific ruling from the IRS, which should not create a problem This benefit will require the County to treat it as a taxable benefit to the employees assessed at $3.00 per work day as additional income assess a tax of 20 percent of that value as Federal Income Tax and FICA Taxes to be withheld. Mr. Chambliss and his staff recommend that the Board reaffirm the previous position that the vehicles be used only for business purposes. I If adopted, this will be discussed with the School Administration to allow them to adopt a similar policy. This procedure is currently in practice but Mr. Chambliss needs verification from the Board. The Board directed Mr. Chambliss to continue with this system. 5. County Attorney - No report. 6. Personnel - Superintendent of Personnel, Keith Cook, presented a resolution to hire a custodial staff for the new Courthouse. This resolution provides for one lead custodian and five part-time positions. Supervisor Burton moved to approve the prepared resolution. RESOLUTION 85-48 AMENDING RESOLUTION NO. 84-101 ESTABLISHING A CLASSIFICATION AND PAY PLAN FOR THE 1984-85 FISCAL YEAR I BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Resolution No. 84-101 be amended with regard to one new regular full-time personnel position in the Buildings and Grounds Division as follows: I--- ~ ~ ADri1 9. 1985 57!) Grade 10 Code Title Dept. No. of Emp. - I 499 Custodian II Buildings & Grounds 1 2. That the General Appropriation Resolution of Roanoke County, Virginia, adopted June 12, 1984, be, and same hereby is, amended as follows to become effective April 9, 1985: DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Class: Fund: Department: Object: Expenditure General Building & Salaries Part-Time FICA - Employer's Contribution VSRS - Employer's Contribution HI - Employer's Contribution LI - Employer's Contribution Grounds 03-6-04302-10010 03-6-04302-10030 03-6-04302-20010 $ 2,839 6,123 627 330 126 29 03-6-04302-20020 03-6-04302-20050 03-6-04302-20060 I Department: Employee Benefits Object: Reserve for New positions 03-6-09102-10016 ($10,074) Machinery & Equipment 03-6-04302-70010 $ 4,300 Maintenance & Supplies 03-6-04302-54070 2,500 Contingent Balance 03-6-99999-99999 ( $ 6,800) To appropriate money for one regular full-time position of Custodian II and five part-time positions of custodian, equipment and maintenance supplies, effective April 9, 1985. On motion of Supervisor Burton and the following recorded vote: AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw NAYS: None 7. County Administrator - Donald R. Flanders, County I Administrator, presented his budget message and announced that the budget work sessions will be held April 11 and 15 at 7:00 p.m. and the public hearing will be held April 18, 1985, at 7:00 p.m. Mr. Flanders also reported on the Compensation Board meeting and announced that the County has submitted a request for ~ ~ 576 April 9, 1985 supplemental appropriation for the $27,000 cashiering device in the County Treasurer's office. Mr. Flanders also presented a written report to the I Board members on compliance with Fair Labor Standards Act. Mr. Flanders also reported that Bonnie Newlon, Department of Development, has been working on the reuse of the old County Courthouse in conjunction with the County departments that could possibly be utilizing that space. Supervisor Nickens announced that the facilities committee is scheduled to meet April 10, 1985, at 3:00 p.m. Supervisor Nickens nominated Mr. Donald Witt and Chairman Steve McGraw nominated Mr. or Mrs. Wayland Winstead to serve on this committee. Supervisor Nickens moved to approve these nominations. The motion carried by a unanimous voice vote. Mr. Flanders requested that the Board appoint Mr. Rob I Stalzer to be the Acting Zoning Administrator while Mr. Claude Lee, zoning Administrator, is on sick leave. Supervisor Nickens moved to appoint Mr. Rob Stalzer as Acting Zoning Administrator. The motion carried by a unanimous voice vote. Mr. Flanders presented a letter to the Board from Mr. George Garretson, Director of Libraries, concerning the problems I he is having with the furniture company for the Mount Pleasant I I Library. Mr. Garretson will report back to the Board concerning the opening date for the library. The Board directed Jack Council, Director of procurement, to look into a non-delivery penalty within the contract. Supervisor Nickens requested that Item lIb be removed I IN RE: CONSENT AGENDA from the Consent Agenda. Chairman McGraw requested that Item 7 also be removed. On discussion of Item lIb, Supervisor Nickens requested that the Board approve that the position for Clerk-Typist be ~ ~ April 9, 1985 577 increased to 30 to 40 hours but not make this a full-time position until July 1, 1985, the next fiscal year. He does not I agree with making new positions in the middle of the year. Supervisor Burton reported that this position was a critical need because of the new procurement procedures. Keith Cook, Superintendent of Personnel, reported that they could wait until the fiscal year to add the benefits but this department needs the additional employee. Supervisor Nickens is concerned about the number of part-time employees the County employs that are working more than 32 hours per week but are not receiving the fringe benefits. Supervisor Nickens withdrew his earlier objection and directed Mr. Cook to prepare a report on the County employees working more than 32 hours per week and length of time in position who are not on the permanent payroll. I Supervisor McGraw asked the County Attorney if the new law on the stock-piling of tires allows the County to adopt its own Code amendment or ordinance. Mr. Mahoney reported that the General Assembly was providing each locality with technical assistance and each locality could develop its own ordinance. Supervisor Nickens moved for approval of the Consent Agenda. RESOLUTION NO. 85-44 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM B - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain section of the agenda of the I Board of Supervisors for April 9, 1985, designated as Item B - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 12, inclusive, as follows: IU ~ 578 1. 2. 3. April 9, 1985 Minutes of Meeting - December 4, 1984, December 11, 1984, December 18, 1984, December 19, 1984 and January 3, 1985. Letter dated March 15, 1985 from James E. Taliaferro, Mayor, City of Salem expressing support for an impoundment in Montgomery County. I Letter dated March 14, 1985 from H. Bern Ewert, City Manager, City of Roanoke acknowledging Roanoke County's request for increase in bulk water agreement. 4. Letter dated March 18, 1985 from Mason A. Vaughan, Chairman, Pulaski Board of Supervisors requesting support for their resolution of voluntary contributions for the aid of eastern Africa. - Resolution. 5. Financial Statements for the month ending February 28, 1985. 6. Letter dated March 21, 1985 from Congressman Jim Olin regarding efforts to balance the federal budget. 7. Resolution in support of House Bill 1673 relating to stock-piling of tires. - Resolution. I 8. Letter dated March 22, 1985 from Oscar K. Mabry, Department of Highways and Transportation announcing addition of Hunters Trail from Route 1511 to a southeast cul-de-sac to the Secondary System. 9. Resolution accepting deed for Starkey Pump sewer line. - Resolution. 10. I I Report on amendment to Classification and ¡ Pay Plan to establish position of paralegal i assistant and delete position of Right of Way Technician. - Resolution. Accounts Paid for the month of March 1985. 11. a. b. Report on amendment to Classification and Pay Plan to establish position of Clerk-Typist in Procurement. - Resolution. 12. Resolution authorizing settlement and compromise of pending litigation - Big Hill Water Project. - Resolution. I 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. ~ ~ 579 ADril 9. 1985 On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw I NAYS: None RESOLUTION 85-44.A SUPPORTING PULASKI COUNTY IN ITS EFFORT TO ALLEVIATE STARVATION IN AFRICA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Pulaski County Board of Supervisors is hereby supported in its humanitarian and charitable endeavors to secure voluntary contributions for the aid of people in eastern Africa. The purpose of this campaign is to raise money to assist the needy people currently suffering in eastern Africa who are the victims of extremely cruel circumstances. 2. That a certified copy of this resolution be I forwarded to the Pulaski County Board of Supervisors. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw NAYS: None RESOLUTION 85-44.B REQUESTING ASSISTANCE FROM THE STATE BOARD OF HEALTH REGARDING STOCKPILING OF TIRES BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the State Board of Health is hereby requested without charge to provide technical assistance to Roanoke County regarding the stockpiling of tires pursuant to §32.1-178.1 of the 1950 Code of Virginia, as amended, (H.B. 1673 of the 1985 session of the Virginia General Assembly); and I 2. That the County Administrator is authorized and directed to forward a certified copy of this resolution to the State Board of Health. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw NAYS: None ------ ~ r- ~R 0 ~. - April 9, 1985 RESOLUTION 85-44.C AUTHORIZING THE COUNTY ADMINISTRATOR TO NEGOTIATE AND ACCEPT EASEMENTS FOR THE STARKEY PUMP STATION, FORCE MAIN AND GRAVITY SEWER BE IT RESOLVED by the Board of Supervisors of Roanoke I County, Virginia, as follows: 1. That the County Administrator is authorized to negotiate and accept all necessary sewer easements in connection with Project 84-1-S, Starkey Pump Station, Force Main and Gravity Interceptor; and 2. That the acceptance of easements by the County Administrator shall be subject to the approval of the County Attorney; and 3. That the negotiations by the County Administrator for said easements is subject to the limitations of appropriations for same by the Board of Supervisors. On motion of Supervisor Nickens and the following recorded vote: I AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw NAYS: None RESOLUTION 85-44.D AMENDING RESOLUTION 84-101 ESTABLISHING A CLASSIFICATION AND PAY PLAN FOR THE 1984-85 FISCAL YEAR BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Resolution No. 84-101 be amended with regard to the deletion of a position in the Engineering Division of the Department of Public Facilities and the addition of a new position in the County Attorney's Office as follows: Grade 12 Code Title Dept. No. of Emp. 400 Right-of-way Technician Engineering ~ 0 I - Grade 16 Code Title Dept. No. of Emp. - 141 Paralegal County Attorney 1 I--- ~- -.., 5ð 1 Aoril 9, 1985 2. That these amendments shall take effect upon the passage of this resolution. I On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw NAYS: None RESOLUTION 85-44.E AMENDING RESOLUTION 84-101 ESTABLISHING A CLASSIFICATION AND PAY PLAN FOR THE 1984-1985 FISCAL YEAR BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Resolution No. 84-101 be amended with regard to a new personnel position in the Procurement Division as follows: Grade 8 Code Title Dept. No. of Emp. - I 102 Clerk Typist II Procurement 1 2. That the General Appropriation Resolution of Roanoke County, Virginia, adopted June 12, 1984, be, and same hereby is, amended as follows to become effective April 1, 1985: DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Class: Fund: Department: Object: Expenditures General Procurement Salaries FICA - Employer's Contribution VSRS - Employer's Contribution HI - Employer's Contribution LI - Employer's Contribution 03-6-01222-10010 $2574 181 03-6-01222-20010 03-6-01222-20020 299 03-6-01222-20050 126 03-6-01222-20060 26 I Department: Employee Benefits Object: Reserve for New Positions 03-6-01222-20060 ($3,206) To appropriate money for Clerk Typist position effective April 1, 1985. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw NAYS: None ~ ~ ~ 582 April 9, 1985 RESOLUTION 85-44.F AUTHORIZING SETTLEMENT AND COMPROMISE OF PENDING LITIGATION, BIG HILL WATER PROJECT BE IT RESOLVED by the Board of Supervisors of Roanoke I County, Virgïnia, as follows: 1. That on February 27, 1985, the County Attorney filed a petition for condemnation against certain parcels of real estate owned by Carrie B. Hurt and Helen Cox Richards in order to acquire, take possession of and ownership in certain real estate and easements necessary for the construction of a water supply system including a water tank, booster station, water lines and access easements in the "Big Hill" portion of Roanoke County; and 2. That thereafter negotiations between the County and Carrie B. Hurt and Helen Cox Richards continued and that the parties desire and mutually agree to resolve this matter without the necessity of lengthy and costly litigation; and 3. That in compromise of this matter the County agrees I to compensate Carrie B. Hurt in the amount of $2,773.00 for the real estate to be acquired from her and to compensate Helen Cox Richards in the amount of $4,400.00 for the real estate to be acquired from her; these settlements and compromises are contingent upon Carrie B. Hurt and Helen Cox Richards executing the appropriate legal documents. Thereafter, the County Attorney is authorized to dismiss this pending condemnation action. Further the County Administrator is authorized to accept the conveyance of said real estate and property interests on behalf of the Board of Supervisors of Roanoke County. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw I NAYS: None IN RE: CALL TO ORDER Chairman McGraw called the meeting to order at 7:02 p.m The roll call was taken. ~ " I Aoril 9. 1985 p.... c~ 0 ¿) ð 0 MEMBERS PRESENT: Chairman Steven A. McGraw; Vice-Chairman Athena E. Burton; Supervisors Harry C. Nickens, Gary J. Minter, and Alan H. Brittle I MEMBERS ABSENT: None IN RE: OPENING CEREMONIES The invocation was given by Leonard S. Becker, Pastor of Lawrence Memorial United Methodist Church. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, AND AWARDS Chairman McGraw presented a resolution congratulating the Cave Spring Scouts Peewee Basketball team for winning the Roanoke County and Southwest District championship. Supervisor Brittle moved for approval of the prepared resolution. I RESOLUTION 85-49 CONGRATULATING THE ROANOKE COUNTY CHAMPIONSHIP PEE WEE BASKETBALL TEAM, THE CAVE SPRING SCOUTS WHEREAS, the Cave Spring Scouts, a pee wee basketball team composed of nine and ten year old boys from Roanoke County, has recently concluded a most successful season becoming the Roanoke County Champions with a record of 25 - 1 for the overall season; and WHEREAS, the Cave Spring Scouts, coached by Darrell Whitt, Reif Kessler and Bill Kagey, also became the first boys team from Roanoke County to win the Southwest District Championship, which championship includes all cities and counties from Danville to Radford. BE IT RESOLVED that the Board of Supervisors of Roanoke I County congratulates and commends the members of the Cave Spring Scouts for their outstanding athletic achievements: Greg Lionberger Jeff Holton Reid Herskovitz Anthony Prillaman Kerry Whitt Steven Kagey Chris Hudgins Trey Ondrus - ~ ~ 584 April 9, 1985 Scott Fayed Josh Stutsman Adam Foster Josh Akers On motion of Supervisor Brittle and the following recorded vote: AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw NAYS: None Vice-Chairman, Athena E. Burton, handed out certificates of appreciation to each member of the basketball team and to each coach. Request of Horace E. Walker for a special exception permit to place a mobile home on a 1.0 acre tract located at 7030 Kelley Street, Wildwood Estates in the Catawba Magisterial District. Held over from March 26, 1985. APPROVED Mr. Horace E. Walker was present to answer any questions the Board may have. No one was present in opposition. Supervisor Minter moved for approval of the special exception request. The motion carried by the following recorded vote: AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw NAYS: None Request of Sallie M. DeWeese for a special exception permit to place a mobile home on a 114 acre tract located approximately 1100 feet north of the intersection of State Routes 607 and 669 in the Windsor Hills Magisterial District. HELD OVER TO APRIL 23, 1985 No one was present representing the petitioner. Supervisor Nickens moved to hold this public hearing until April 23, 1985. AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw NAYS: None Request of Elmer C. Walters for a special exception permit to place a mobile home on a 14.66 acre tract to be occupied by John and Judy Emerg, daughter and son-in-law, located on the north side of State Route 786 approximately 800 feet from the I I II I I i ¡ I ! ~ II II II I ~ ARril 9, 1985 t··~~,·~5. ~O . intersection of State Route 786 and 612 in the Windsor Hills Magisterial District. ,I APPROVED Mr. Elmer C. Walters, Box 9, Bent Mountain, Virginia, was present to answer any questions the Board may have. No one was present in opposition. Supervisor Burton moved to approve the special exception permit request. AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw NAYS: None Request of Wallace M. Walker for a special exception permit to place a mobile home on a 2.183 acre tract located on the south side of State Route 622 and 864 in the Catawba Magisterial District. REQUEST WITHDRAWN BY PETITIONER I Request of Ben G. Chaplin, Jr., and Deanna C. Chaplin for a special exception permit to place a mobile home on a 4.367 acre tract located on the south side of State Route 6232 approximately 1.9 miles from the intersection of State Route 622 and 864 in the Catawba Magisterial District. HELD OVER UNTIL APRIL 23, 1985 No one was present representing the petitioner. Supervisor Minter moved to hold this public hearing until April 23, 1985. The motion carried by the following roll call vote: AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw NAYS: None I Petition of Robert C. Bell requesting rezoning from R-3 to B-2 of a tract containing 2.05 acres, more or less, located on the southerly side of Virginia Primary Route 419 east of its intersection with Starkey Road situated in the Cave Spring Magisterial District APPROVED Mike Smeltzer was present representing Mr. Bob Bell. Mr. Bell and Mr. Marshall McClung of Jessco, Incorporated, the Building Contractor for the proposed project were also present. r- 586 April 9. 1985 This rezoning is requested to operate an automobile dealership which is presently located on East Main street ~n Salem, Virginia The structure to be built will contain 25,000 square feet. There I i I will be a second floor over part of the property which will I contain approximately 5,000 square feet to be used as office space. Earl and Emma Cunningham, 4450 Avenham Avenue, SW, Roanoke, Virginia, were present and spoke to the Board in opposition to the rezoning request. Supervisor Brittle moved for approval of the rezoning request. FINAL ORDER NOW, THEREFORE, BE IT RESOLVED and ORDERED that at this meeting of the Board of Supervisors of Roanoke County, Virginia, held on the 9th day of April, 1985, the said County Zoning I Ordinance be, and the same is hereby amended so as to reclassify the entire property described in said petition and being described in Exhibit "A" attached hereto be reclassified from Residential District R-3 to Business District B-2 in order that said property might be more fully and reasonably used, the said property being located in the County of Roanoke, State of Virginia, with said zoning being subject to the following conditions: 1. If rezoned, the Property will be developed in accordance with the Preliminary Site Plan, except for such modifications as may be required by the County as a result of its site plan review process. 2. The Property will be used for the construction and I operation of a new automobile dealership including service facilities and providing for the sales of used automobiles. 3. The facility will not contain a body or paint shop thereon. ~ ~ April 9, 1985 ~R7 ~~ BE IT FURTHER RESOLVED and ORDERED that the Clerk of this Board shall forthwith certify a copy of this resolution and I order to the Secretary of the Planning Commission of Roanoke County, Virginia, and a copy to Woods, Rogers & Haz1egrove, attorneys for the petitioner. The foregoing resolution was adopted on motion of Supervisor Brittle and on the recorded vote, the Supervisors voted as follows, to-wit: AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw NAYS: None EXHIBIT A I BEGINNING at corner #1, a point on the southwest side of a 12 ft. width roadway right-of-way, said point being a fence post at the northeast corner of the 0.48 acre tract conveyed to B. S. Stump from Dona L. Wertz by deed of record in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Deed Book 249, Page 529, and re-recorded in Deed Book 260, Page 392; thence leaving the southwest side of road right-of-way to be hereinafter mentioned and with the northwest line of the Stump property, S. 510 40' W. 232.1 ft. to a stake at corner #2 on the northeast side of a 20 ft. ft. width road right-of-way; thence with the same, N. 430 08' W., 99.2 ft. to a fence post at corner #3; thence with the southeast line of the R. L. Wertz property, following the fenced line; N. 410 03' E. 195.3 ft. to a fence post at corner #4 on the southwest side of aforesaid 12 ft. width road right-of-way, said right-of-way extending in a southeasterly direction to corner #1; thence with the southwest side of said 12 ft. width road right-of-way and with the northeast line of the R. L. Wertz property, N. 140 48' W. 223.7 ft. to a fence post at corner #5 on the southeast side of Virginia Highway Route #119; thence with the same N. 660 42' E. 169.3 ft. to corner #6; thence with the southwest side of a 12 ft. width road right-of-way and following the fenced line, S. 450 45' E. 402.6 ft. to a fence post at corner #7; thence with the northwest line of the Tom McGraw property, following the fenced line, S. 500 30' W. 131.3 ft. to a stake at corner #8 on the southwest side of aforesaid 12 ft. width road right-of-way; thence with the same and with the northeast line of the 0.48 acre B. S. Stump tract, N. 450 39' W., 90.0 ft. to the place of BEGINNING, and containing 2.05 acres, more or less; and I BEING the same 12 foot right-of-way granted to B. S. Stump and wife by Deed dated October 15, 1937, and of record in Deed Book 249, Page 529, and re-recorded in Deed Book 260, Page 392, of the records of the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia; and ~ ~ ~ 588 April 9, 1985 - BEING the same property conveyed to Kenneth Edward Lucas and Barbara T. Lucas, his wife, and Richard Gary Lucas and Cynthia J. Lucas, his wife, by Lydia M. Wertz, by deed dated April 5, 1971, and of record in Deed Book 914, Page 407, in the Clerk's office aforesaid. I PROFFER OF CONDITIONS Pursuant to the provisions of the Roanoke County Zoning Ordinance, the Petitioner, Robert C. Bell, respectfully files the following Proffer of Conditions pursuant to its Petition to rezone the above-described real estate located in the County of Roanoke, Virginia. 1. If rezoned, the property will be developed in accordance with the Preliminary Site Plan, except for such modifications as may be required by the County as a result of its site plan review process. 2. The Property will be used for the construction and I operation of a new automobile dealership including service facilities and providing for the sales of used automobiles. 3. The facility will not contain a body or paint shop thereon. Petition of Benjamin Gimbert to rezone a parcel 7,150 square feet in area from R-l Residential to B-2 Business to operate a dental office, located at the southwest corner of the intersection of Route 117 and Wendover Road situated in the Hollins Magisterial District. REFER BACK TO PLANNING COMMISSION Mrs. Liz Gimbert, wife of Benjamin Gimbert, was present to answer any questions the Board may have. The Gimberts desire this rezoning because they have found it hard to sell their home I because of the airport noise and Peters Creek Road traffic. Their neighbors are opposing the rezoning even though there is one neighbor who runs a beauty salon in their basement. Mr. Doug Gimbert, brother of Benjamin Gimbert and trustee of the property in question, was also present. Since their meeting with the Planning Commission, he reported they have employed an architect, , April 9, 1985 ~. ~.) 9 Jo Richard Jones. Mr. Jones was also present before the board and reported that three major items have been changed since the I Planning Commission meeting: the buffering between this property and the residential zone; the off-street parking; and the safe turning distance into the site. Mr. Jones has had no contact with the neighbors since the improvements have been made. Mr. Loren Hines, 6539 Wendover Road, Roanoke, Virginia, spoke as a representative of the neighborhood. They are against the rezoning because of the adverse effects on the neighborhood. The neighbors are requesting that the Board leave the property residential for as long as possible. Mr. Orion Lee, 6616 Wendover Road, Roanoke Virginia, was present in opposition to the rezoning and presented a petition against the rezoning. I Mr. Doug Gimbert reported to the Board that a realtor would not list the house as a residence because of the commercial areas already around that area. Mr. Gimbert presented pictures of the house and surrounding areas to the Board. Ms. Kathy Ashby was present in support of the rezoning. Supervisor Minter moved to refer this rezoning request back to the Planning Commission. The motion followed by the following recorded vote: AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw NAYS: None Request to set Personal Property Tax rate not to exceed $3.50 per $100 assessed valuation. I Mr. Flanders, County Administrator, reported that the County is projecting a personal property revenue of $6,250,000.00 and machinery and tool of $750,000.00. This will hold the current rates at $3.50 for personal property tax and $3.00 for machinery and tool. Supervisor Brittle moved to set the personal property tax rate at $3.50. I~ r 590~ April 9, 1985 RESOLUTION 85-50 SETTING THE TAX LEVY ON ALL CLASSES OF PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1985 I BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the levy for the twelve-month period beginning January 1, 1985, and ending December 31, 1985, be, and hereby is, set for a tax rate of $3.50 PER ONE HUNDRED DOLLARS of assessed valuation on all taxable, tangible personal property excluding all those classes of household goods and personal effects as are defined in Sections 58.1-3504 and 58.1-3505 and machinery and tools taxed as a separate class as defined in Sections 58.1-3507 of the 1950 Code of Virginia, as amended, but including the property separately classified by Sections 58.1-3500 and 1950 Code of Virginia, as amended, located in this County in the on the I 58.1-3503, 58.1-3506, 58.1-3521, 58.1-3501, and 58.1-3502 January 1, 1985, and tangible personal property including property separately classified by Sections, Sections 58.1-3500, 58.1-3503, 58.1-3506, 58.1-3521, 58.1-3501, and 58.1-3502 in the 1950 Code of Virginia, as amended, of public service corporations based upon the assessed value thereof fixed by the State Corporation Commission and duly certified. On motion of Supervisor Brittle and the following recorded vote: AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw NAYS: None Request to set Machinery and Tools tax rate not to exceed $3.00 per $100 assessed valuation. Supervisor Brittle moved to set the machinery and tool I tax rate at $3.00 per $100 assessed valuation. RESOLUTION 85-51 SETTING THE TAX LEVY ON ALL TAXABLE, TANGIBLE PROPERTY GENERALLY CLASSIFIED AS MACHINERY AND TOOLS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: ~ -.., Aoril 9, 1985 59 1 1. That there be, and hereby is, established a separate class of personal property in Roanoke County to include I those items of personal property set forth in Section 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools; and 2. That the levy for the twelve-month period beginning January 1, 1985, and ending December 31, 1985, be, and hereby is, set for a tax rate of $3.00 PER ONE HUNDRED DOLLARS of assessed valuation on all taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by Section 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. On motion of Supervisor Brittle and the following recorded vote: I AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw NAYS: None }jê· ordinance~mending Chapter 10, Motor Vehicles and Traffic of the Roanoke County Code to provide for certain parking regulations and to increase the penalty for violations. County Attorney, Paul Mahoney, was present to answer any questions the Board may have regarding this ordinance. Mr. Mahoney reported that this ordinance increased parking fines and that at a previous meeting the Board had directed Mr. Mahoney to increase the parking fees to the State Code authorization. He reported that the State Code authorizes a maximum $100 fine. The $10.00 fine is recognized by the Supreme Court of Virginia to allow an individual to prepay the fine or to forfeit collateral I and not to appear in Court. Supervisor Nickens moved to approve the prepared ordinance with modification being that the handicapped violation be set at $25.00 for automobiles that do not display DMV handicapped tags parked in a handicapped parking area. ~ r 592 ~ April 9, 1985 Supervisor Minter provided a substitute motion to pass the prepared ordinance with all fees being $5.00 except the fire lane and fire hydrant and handicapped parking to be $15.00. The motion failed by the following recorded vote: AYES: Supervisor Minter NAYS: Supervisors Nickens, Brittle, Burton, and McGraw Supervisor Nickens called for questions on his motion. The motion carried by the following recorded vote: AYES: Supervisors Nickens, Minter, Brittle, Burton, and McGraw NAYS: None Chairman McGraw expressed a concern about fire lane and fire hydrant parking and directed Paul Mahoney to check on raising fine to $50.00. Mr. Mahoney was directed to contact the fire chiefs about increasing the fine to $25.00 and to start enforcing towing of cars parked in these areas. Mr. Mahoney was also directed to communicate with the Judges on this ordinance. Supervisor Burton directed Mr. Mahoney to also communicate the changes with the fire chiefs. I I IN RE: APPOINTMENTS Supervisor Brittle reminded the Board that there are two appointments still to be made to the Transportation and Safety Commission. The Board directed Mr. Flanders to inquire about the activity of the Court Service Unit Advisory Council/Youth and Family Services Advisory Board. It has been brought to their attention that this committee has not been meeting. The Board also directed Mr. Guba1a to obtain more information on this committee to bring to the Board at a later date. I IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Supervisor Nickens - Inquired about the dumping problems on Ivy1and Drive. Mr. Guba1a, Superintendent of ~ ~ April 9, 1985 h9·'3 u Development, reported that a Court date has been set for April 12, 1985. Supervisor Nickens directed Mr. Flanders to proceed in I acquiring property for the Mount Pleasant Fire Station instead of waiting for donation of property. 2. Supervisor Minter - Reported to the Board on the Workfare Program and that Mr. Bob Lipes will be contacting the County staff to see if the County could be a work site. The citizens under this program would be performing community service work at no charge to help earn their support payments. 3. Supervisor Brittle - He and Keith Cook will be involved in a meeting at the Roanoke County jail to discuss improving the inmate work force. Supervisor Brittle also reported that he had been approached about the computerized testing of inmates to determine their suitability for outside I work. Supervisor Brittle has passed the idea to Sheriff Foster who agrees with the concept. Supervisor Brittle also inquired if the County employed anyone to actively search for grants, etc., that the County could apply for. He feels that the County is missing out on some of the grants that could be obtained. Supervisor Burton requested that Mr. Guba1a investigate the possibility of hiring a summer temporary employee to work on grants. 4. Supervisor Burton - Requested an update on the status of the mobile home study. Mr. Stalzer reported that it would be the end of 1985 before he would be able to work on this because of his time needed on the Comprehensive Plan. Supervisor I Burton requested staff to look into the feasibility of hiring a summer part-time employee to review the existing mobile home ordinance. Supervisor McGraw requested an inventory of legal and illegal mobile homes. Supervisor Burton moved to refer this matter to Mr. Guba1a for a recommendation on how to approach the mobile home problem. The motion carried by a unanimous voice vote. u ~ 594 April 9, 1985 5. Supervisor McGraw - Directed Mr. Flanders to contact Girl Scout and Boy Scout Councils, the Civil Air Patrol, and 4-H Clubs and ask if they have volunteers to raise flags at I County buildings. Supervisor McGraw reported that he has had a request for the Board to look at the possibility of using Federal Revenue Sharing Funds for road repairs. Mr. Hubbard reported that it is possible to use these funds for road repairs as long as it does not exceed $150,000.00 per year for the entire County. Mr. Hubbard has prepared a report for the April 23, 1985, Board meeting. Mr. Flanders announced that the County currently allocates $50,000.00 a year for a hot mix program. Supervisor McGraw reported that he has met with the Botetourt County Board and it was decided that a group from each Board and administrative staff set up a meeting. The group is to consist of a Supervisor, the County Administrator, and a I representative of Economic Development and Planning. Chairman McGraw appointed Supervisor Minter to act as the Board I \. representative on this committee. Supervisor McGraw reported to Mr. Guba1a about the Houston Dooley property which was rezoned approximately 1 1/2 years ago and they have not yet complied with regulations. This I property is located in the Catawba district. IN RE: EXECUTIVE SESSION Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia of 1950 as amended Section 2.1-334 (a) (1) (2) (4) and (6). The motion carried by a 4-1 I voice vote. IN RE: OPEN SESSION Supervisor Brittle moved to return to Open Session at 10:59 p.m. The motion carried by a unanimous voice vote. ~ April 9, 1985 t"" 9 f-:' .i) ~ IN RE: ADJOURNMENT I Supervisor Brittle moved to adjourn at 11:02 p.m. to Arpi1 11, 1985, at 7:00 p.m. to discuss the 1985-1986 budget. The motion carried by a unanimous voice vote. ~a,~L Chairman I I