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HomeMy WebLinkAbout8/13/1985 - Regular ~ 07 _ 1 I Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, SW Roanoke, Virginia 24015 August 13, 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 August, 1985. IN RE: CALL TO ORDER Chairman McGraw called the meeting to order at 3:30 p.m The roll call was taken. I MEMBERS PRESENT: Chairman Steven A. McGraw; Vice-Chairman Athena E. Burton; Supervisor Harry C. Nickens MEMBERS ABSENT: Supervisors Gary J. Minter (arrived at 3:47 p.m.) and Alan H. Brittle (arrived at 3:37 p.m.) IN RE: CONSENT AGENDA Supervisor Nickens requested that Items 3, and 11 be removed from the Consent Agenda for discussion. Supervisor Burton requested the removal of Item 16 and Supervisor McGraw requested that Item 15 be removed. Supervisor Brittle moved to approve the consent agenda with the deletion of Items 3, 9, 11, and 16. I RESOLUTION NO. 85-133 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: ~ I I j r I 072 August 13, 1985 1. That that certain section of the agenda of the Board of Supervisors for August 13, 1985, designated as Item B - Consent Agenda be, and hereby is, approved and concurred in as to I each item separately set forth in said section designated Items 1 through 16, inclusive, as follows: 1. Letter dated July 12, 1985 from H. Bern Ewert, City Manager, City of Roanoke, concerning a traffic light at the Peters Creek Road/North Lakes Drive intersection. 2. Letter dated July 18, 1985 from Harold C. King, Commission, Department of Highways and Transportation enclosing the tentative 1985 -86 allocations for the Interstate, Primary and Urban System and the Six-Year Improvement Program. 3. ~e~~e~ f~eæ M~. S~eve RefeH, ða~eð JH~Y ~3, ~985 ~e~Hes~f8~ ~e~æfssfe8 ~e HH8~ a8ð ffsH e8 eeH8~Y ~~e~e~~y ~eea~eð wes~ ef Sa~eæ e8 S~a~e ReH~e 639. 4. Bid Reports on the following: a. Fencing - Public Service Center. b. Emergency - Diesel Fueled Generators - Resolution. I 5. Accounts paid for the month of July 1985. 6. Letter dated July 26, 1985 from Oscar Mabry, Department of Highways & Transportation approving the addition to the Secondary System of Lantern Street from 0.07 mile southeast Route 1583 to a cul-de-sac. 7. Letter dated June 19, 1985 from the Virginia Compensation Board to Fred Anderson, Roanoke County Treasurer approving employee reclassifications in the Treasurer's Office. 8. Letter dated July 19, 1985 from George C. Snead, Director of Administration and Public Safety, City of Roanoke, regarding the the emergency use of a firearm in the City of Roanoke by Roanoke County animal control officers. 9. Hse ef 5Hf~ðf8~ æaf8~e8a8ee ee8~f8~e8ey fH8ð. - A~~~e~~fa~fe8 Rese~H~fe8. 10. Letter dated July 29, 1985 from G. R. Renchard, Manager of Exports & Licensing, Commonwealth of Virginia expressing thanks for a Certificate of Recognition. I %%. ~e~~e~ ða~eð JH~Y 39, %985 f~eæ Ja8e Beeke~~-eaæa~a~a S~a~e Af~ Pe%%H~fe8 ee8~~e~ Bea~ð ex~~essf8~ a~~~eefa~fe8 fe~ Rea8eke eeH8~yfSa~eæ~s %986 ~~a8~ a~~%fea~fe8. 12. Appropriation of money for Park Master Plan. - Appropriation Resolution. ------ ~ I I I ~ August 13, 1985 073 ~7 ~, 13. Polygraph machine for the Sheriff's Department. - Appropriation Resolution. I 14. Appropriation resolution authorizing expenditure of insurance proceeds for a replacement vehicle. - Appropriation Resolution. 15. Memorandum dated July 2, 1985 from Richard W. Hall Sizemore, VACo, reminding counties of the September 13 deadline for VACo support of legislative programs. %6. ~e~~e~ ða~eð JH~Y ~3, %985 f~eæ Be8a~ð N. JeA8s~e8, eeH8~Y Aðæf8fs~~a~e~, eaæ~5e~~ eeH8~Y ee8ee~8f8~ fH8ðf8~ fe~ ees~s ef SHe~fff~s ea~s. 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. On motion of Supervisor Brittle and the following recorded vote: AYES: Supervisors Nickens, Brittle, Burton, and McGraw NAYS: None I ABSENT: Supervisor Minter RESOLUTION 85-l33.A ACCEPTING CERTAIN BIDS MADE TO ROANOKE COUNTY SET FORTH AS FOLLOWS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That those certain bids set forth as follows in the following words and figures be, and hereby are, accepted, upon all and singular the terms and conditions of the invitation to bid, the specifications of the County of Roanoke, the bidder's proposals, and the provisions of this resolution, to-wit: (a) Furnish and install chain link fencing, gates, and accessories at the Public Service Center located on Kessler Mill Road in Salem, Virginia - Viking Fence Company, Inc. in the amount of $26,400.00. I (b) Furnish and install two complete emergency diesel fueled generators (one at Hollins Fire Station and one at Fort Lewis Fire Station) - Varney Electric Company, Inc. in the amount of $42,481.00. 2. That the County Administrator is hereby authorized and directed to execute the necessary documents on behalf of Roanoke County upon a form approved by the County Attorney; and ------ ~ r074 , 4J73 August 13, 1985 3. That all other bids are hereby rejected and the Clerk is directed to so notify such bidders and express the County's appreciation for the submission of their bids. On motion of Supervisor Brittle and the following recorded vote: I AYES: Supervisors Nickens, Brittle, Burton, and McGraw NAYS: None ABSENT: Supervisor Minter Resolution Number 85-l33.B On IIDtion made by Supervisor Brittle, the General Appropriation Resolution f Rœ.noke County, Virginia, adopted June 11, 1985 be, and is the same hereby nded as follows to becaœ effective as of the date of the adoption of this esolution. DESCRIPTION ACCOUNT NUMBER IN::RFASE (DæREASE) ExPenditures Capital Parks and Recreation Master Plan 16-6-60304-0-00000 $ 5,000 Reserve for CIP I 16-6-60302-0-00000 (5,000) o appropriate IIDney for Parks and Recreation Master Plan Study that is now der way. On motion of Supervisor Brittle and the following recorded vote: AYES: Supervisors Nickens, Brittle, Burton, and McGraw NAYS: None Resolution Number 85-l33.C On IIDtion made by Supervisor Brittle, the General Appropriation Resolution f Rœ.noke County, Virginia, adopted June ll, 1985 be, and is the same hereby nded as follows to becaœ effective as of the date of the adoption of this esolution. DESCRIPTION ACCOONT NUMBER IN::RFASE (DæREASE) ExPenditures General Policing and Investigating Detective Training Dues Supplies Machinery and Fquip:nent Office Fquip:nent - New I $ 6,750 250 390 7,419 1,124 03-6-03102-0-55040 03-6-03102-0-58010 03-6-03102-0-54010 03-6-03102-0-70010 03-6-03102-0-70020 03-6-99999-99999 (15,933) Unappropriated Balance U" .~. r;; ,j. . "a August 13, 1985 appropriate IIDney for polygraph machine and related expenses. I On motion of Supervisor Brittle and the following recorded vote: AYES: Supervisors Nickens, Brittle, Burton, and McGraw NAYS: None Resolution Number 85-l33.D On IIDtion made by Supervisor Brittle, the General Appropriation Resolution f Roanoke County, Virginia, adopted June 11, 1985 be, and is the same hereby nded as follows to becaœ effective as of the date of the adoption of this esolution. DESCRIPTION ACCOONT NUMBER IN::RFASE (DæREASE) ExPenditures General Refuse Vehicles - Replace 03-6-04200-0-70051 $3,400 Revenues General Insurance Adjustments and Refunds 03-5-41010-0-00000 3,400 I recognize receipt of insurance recovery on wrecked refuse vehicle and ppropriate for replacanent vehicle. On motion of Supervisor Brittle and the following recorded vote: AYES: Supervisors Nickens, Brittle, Burton, and McGraw NAYS: None ABSENT: Supervisor Minter Item 3 - Supervisor Nickens expressed a concern that the County does not currently maintain a policy regarding hunting and fishing on County property. He suggested that a policy be developed not to allow the discharge of firearms on County property. Supervisor Nickens moved that permission not be I granted and staff to develop a policy regarding hunting and fishing on County property. The motion carried by a unanimous voice vote with Supervisors Minter and Brittle absent. Item 9 - John Hubbard, Superintendent of Public Facilities, reported that a new roof was need on the Ogden Center. Supervisor Nickens directed staff to refer this matter to the ~ 076 August 13, 1985 Facilities Committee to review once more for projected use of this building. Item 11 - Supervisor Nickens moved that the County not I accept the latest grant for Air Pollution Control and that the Roanoke County Air Pollution Control Program be terminated at the end of September, 1985. The motion carried by the following recorded vote: AYES: Supervisors Nickens, Burton, and McGraw NAYS: None ABSENT: Supervisors Minter and Brittle Item 15 - Supervisor McGraw reported that the County will be supporting prevention of annexation from counties legislation at the VACo Conference. Item 16 - Supervisor Burton moved to support Campbell County in their efforts concerning funding for the costs of Sheriff's cars. The motion carried by a unanimous voice vote I with Supervisors Minter and Brittle absent. IN RE: REPORTS OF CONSTITUTIONAL OFFICERS 1. Treasurer - Fred Anderson, Roanoke County Treasurer, reported that a list of delinquent taxes has been prepared and requested authorization to advertise this list. Supervisor Nickens moved to advertise the 1982 delinquent taxes in a paper with general circulation. The motion carried by the following recorded vote: AYES: Supervisors Nickens, Brittle, Burton, and McGraw NAYS: None ABSENT: Supervisor Minter I IN RE: WORK SESSIONS 1. Prioritization of Projects on the Proposed Bond Referendum - Supervisor Nickens suggested that fire hydrants be ------ ~ 077 August 13, 1985 I included in subdivision development, continue parks improvement and improvements to County buildings. Supervisor Brittle reported that funds for E9ll must be at least $2.5 million. Supervisor Minter suggested adding monies for roads and that only public safety items should be included in the bond referendum. The Board directed staff not to include $50 million for the water project in the referendum and directed John Chambliss to study the effects of a $15 million bond referendum. Supervisor Brittle requested an evaluation of public buildings by staff. The Board also directed Tommy Fuqua, Fire and Emergency Services Coordinator, to examine the need for additional funds for extra fire hydrants and equipment for Bonsack and poages Mill fire stations. Mr. Fuqua was also directed to have his report prepared for the August 27, 1985, board meeting. 2. Report on Airport Commission - The Board directed John Chambliss to request a report from Roanoke City for the Airport Commission on marketing and financial data. 3. Report on VACo Legislative Program - The Board also directed staff to correspond with VACo for their concurrence in sending only four items to the General Assembly. Mr. Mahoney, County Attorney, reported that he will be presenting a proposed legislative program to the Board at their September 10, 1985, meeting. I I Supervisor Burton reported that she is participating in the VACo road and transportation committee which intends to endorse a bond issue with the Commonwealth. IN RE: REPORTS OF OFFICERS, DEPARTMENTS AND COMMITTEES 1. Department of Public Facilities - John Hubbard, Superintendent of the Department of Public Facilities, presented ---- ~ ~ 078 August 13, 1985 a request that the County enter into a participation agreement in Buckland Forest, Section 4 in the Catawba Magisterial District Supervisor Nickens moved to approve the prepared resolution. RESOLUTION 85-134 AUTHORIZING THE COUNTY OF ROANOKE TO ENTER INTO A PARTICIPATION CONTRACT WITH THE DEVELOPER OF BUCKLAND FOREST SUBDIVISION, SECTION 4 I BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County of Roanoke is hereby authorized and directed to enter into a participation contract with the developer of Buckland Forest Subdivision, Section 4, providing for the installation of 960 feet of 8-inch water line; and further that the County will participate in the project only to the extent of paying the difference in pipe costs actually expended by the developers between the required 6-inch water line 2. That the County Administrator is hereby authorized and I and the proposed 8-inch water line; and directed to execute a participation contract to this effect on behalf of the Board of Supervisors of Roanoke County upon a form approved by the County Attorney. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Minter, Nickens, Brittle, Burton, and McGraw NAYS: None Resolution Number 85-140 On IIDtion made by Supervisor Nickens, the General Appropriation Resolution of Rœ.noke County, Virginia, adopted June 11, 1985 be, and is the same hereby amended as follows to becaœ effective as of the date of the adoption of this resolution. DESCRIPTION ACCOUNT NUMBER IN::RFASE (DæREASE) I Class: Fund: Object: Expenditures Utility Capital participation Agreement - Buckland Forest 96-6-70003-0-00000 $ 3,200 Class: Fund: Object: Revenues Utility Capital Transfer fran Water Fund 96-5-51900-0-00000 3,200 Class: Expenditures ~ ~ ~ August 13, 1985 o~, ~ Fund: bept. : Object: utility Non-DefBrtmental - Water Transfer to utility Capital Unappropriated Balance 92-6-09107-0-90096 92-6-09107-0-99999 3,200 (3,200) I rro allocate lOOney for County's portion of fBrticifBtion agreement with Buckland Forest. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Minter, Nickens, Brittle, Burton, and McGraw NAYS: None Mr. Hubbard also presented a request for the County to enter into a reimbursement contract regarding Hunting Hills, Section 20. Supervisor Nickens moved to approve the prepared resolution. I RESOLUTION 85-135 AUTHORIZING THE EXECUTION OF A WATER REIMBURSEMENT AGREEMENT WITH OLD HERITAGE CORPORATION, DEVELOPERS OF HUNTING HILLS, SECTION 20 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Roanoke County is hereby authorized and directed to enter into a water reimbursement agreement with Old Heritage Corporation for the installation of a ten-inch water line along Fox Ridge Road; and 2. That the agreement be upon a form approved by the County Attorney. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Minter, Nickens, Brittle, Burton, and McGraw NAYS: None 2. Department of Development - No report. I 3. Personnel - No report. 4. Department of Fiscal Management - No report. 5. County Attorney - No report. IN RE: EXECUTIVE SESSION - ~ r 080 August 13, 1985 Supervisor Minter moved to go into Executive Session pursuant to the Code of Virginia 2.1-334 (a) (I), (2), (4), and (6). The motion carried by a unanimous voice vote. I IN RE: OPEN SESSION Supervisor Nickens moved to return to Open Session at 5:35 p.m. The motion carried by a unanimous voice vote. IN RE: DINNER RECESS Chairman McGraw called for a dinner recess at 5:37 p.m. IN RE: CALL TO ORDER Chairman McGraw called the meeting to order at 7:07 p.m The roll call was taken. MEMBERS PRESENT: Chairman Steven A. McGraw; Vice Chairman Athena E. Burton; Supervisors Gary J. Minter, Harry C. Nickens, and Alan H. Brittle I MEMBERS ABSENT: None IN RE: OPENING CEREMONIES The Reverend Wilfred M. Mayton of Woodlawn united Methodist Church gave the invocation. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, AND AWARDS Chairman McGraw presented a resolution of appreciation to Mr. Leonard Leask, Director of utilities Division, upon his retirement. Supervisor Burton moved to approve the prepared resolution. Mr. Leask was unable to attend the meeting and I earlier requested that the Deputy Clerk mail this resolution to him. RESOLUTION 85-136 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO LEONARD G. LEASK FOR TWENTY YEARS OF SERVICE TO ROANOKE COUNTY ----- ~ ~ 081 August 13, 1985 I WHEREAS, Leonard G. Leask was first employed in July of 1965 as Assistant Executive Director of the Roanoke County Public Service Authority; and WHEREAS, he has also served in the capacity of Director of Maintenance beginning in 1980 and as the Director of the utilities Division in the Department of Public Facilities beginning in 1982; and WHEREAS, from January until April, 1974, Leonard Leask served as the Acting Executive Director of the Roanoke County Public Service Authority. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to Leonard G. Leask for his twenty years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful and productive retirement. I On motion of Supervisor Burton and the following recorded vote: AYES: Supervisors Minter, Nickens, Brittle, Burton, and McGraw NAYS: None Chairman McGraw also presented a Proclamation declaring support of the "National Night Out" program. PRO C LAM A T ION I WHEREAS, the National Town Watch Association is sponsoring a special, coast-to-coast community crime prevention project on the evening of August 13, 1985, called "National Night Out"; and WHEREAS, Roanoke Neighborhood Alliance plays an essential role assisting the Sheriff's Department through its cooperative crime prevention efforts in Roanoke County and is supporting "National Night Out" locally; and ~ ~ r , 082 August 13, 1985 WHEREAS, it is important that all citizens in Roanoke County be aware of the importance of crime prevention programs and the positive impact that their participation can have on reducing crime in our neighborhoods; and I WHEREAS, "National Night Out" provides an opportunity for Roanoke County to join together with hundreds of other communities across the country in support of safer neighborhoods and demonstrate the success of cooperate crime prevention efforts; and WHEREAS, neighborhood spirit and cooperation is the theme of the "National Night Out" project and is also the key ingredient in helping the Sheriff's Department to fight crime. NOW, THEREFORE, I, Steven A. McGraw, Chairman of the Board of Supervisors of Roanoke County, hereby call upon all of the citizens of Roanoke County to join the Roanoke Neighborhood I Alliance and the National Town Watch Association in supporting and participating in "National Night Out" on August 13th. FURTHER, I hereby proclaim Tuesday, August 13, 1985, as "NATIONAL NIGHT OUT" in Roanoke County. IN RE: PUBLIC HEARINGS petition of Chester and Deidre Melvin for a Special Exception Permit to place a mobile home on a 5.2 acre tract, located at the southeast intersection of John Robertson Road and Bradshaw Road in the Catawba Magisterial District. APPROVED Ms. Deidre Melvin was present to answer any questions the Board might have. There was no one present in opposition. Supervisor Burton moved to approve the request for a Special I Exception Permit. The motion carried by the following recorded vote: AYES: Supervisors Minter, Nickens, Brittle, Burton, and McGraw NAYS: None - ~ ~ OöS August 13, 1985 I petition of John A. and Evadora Claxton for a Special Exception Permit to place a mobile home on a 1.00 acre tract, located on the north side of Route 910 approximately 420 feet west of its intersection with Route 778 in the Catawba Magisterial District. APPROVED Mr. John Claxton was present to answer any questions the Board might have. There was no one present in opposition. Supervisor Nickens moved to approve the request for a Special Exception request. The motion carried by the following recorded vote: AYES: Supervisors Minter, Nickens, Brittle, Burton, and McGraw NAYS: None I Petition of Janie K. Hale for a Special Exception Permit to place a mobile home on a 5.6 acre tract, located on a private road approximately 0.4 miles west of Route 639, north of its intersection with Route 737 in the Catawba Magisterial District. APPROVED Ms. Janie Hale was present to answer any questions the Board might have. Mr. Barry Bryant, Route 3, Box 400A, Salem, Virginia, 241153, reported that there is a right of way through his property and if the right of way is not expanded, he will not oppose the request. Supervisor Minter moved to approve the request for a Special Exception permit. The motion carried by the following recorded vote: AYES: Supervisors Minter, Nickens, Brittle, Burton, and McGraw I NAYS: None Petition of Leon G. and Dorothy W. Brown for a Special Exception Permit to place a mobile home on a 29.2 acre tract, located on the north side of Route 622 (Bradshaw Road) approximately 6-1/2 miles west of State Route 3ll in the Catawba Magisterial District. CONTINUED TO SEPTEMBER 24, 1985 ~ ~ ".- 084 August 13, 1985 Mr. Leon G. Brown, Route 4, Box 620, Salem, Virginia,. was present to answer any questions the Board might have. Mr. R. W. Butterworth, Route 4, Salem, Virginia, was I present to oppose the Special Exception request. Supervisor Nickens moved to continue to the September 24, 1985, board meeting. The motion carried by the following recorded vote: AYES: Supervisors Minter, Nickens, Brittle, Burton NAYS: Supervisor McGraw Petition of Region Properties, Inc. requesting vacation of a 15 foot drainage easement, Section No. l5, Penn Forest in the Cave Spring Magisterial District. APPROVED Larry Rogers of Region Properties, Inc., was present to answer any questions the Board might have. There was no one I present in opposition. Supervisor Brittle moved to approve the vacation. The motion carried by the following recorded vote: AYES: Supervisors Minter, Nickens, Brittle, Burton, and McGraw NAYS: None Petition of F. W. Finney Construction Corporation to rezone a parcel of land containing 3.86 acres, more or less and located on the west side of Route 221 from R-l and B-1 to R-5, to permit the construction of a 27 townhouse dwelling units to be located in the Windsor Hills Magisterial District. Planning Commission recommends denial. APPROVED Mr. Ed Natt, representing F. W. Finney Construction have. Mr. Natt reported that the recommendations made by the I Corporation, was present to answer any questions the Board might Planning Commission have been corrected. Finney Construction Corporation has insured that there is adequate water pressure, that there is a deceleration land from Old Cave Spring Lane to the entrance of this property: daily traffic count will be low - l -.., August 13, 1985 OH5 enough to meet requirements; and that an entrance permit has been obtained from the Department of Highways & Transportation. The I average price of each unit will be $60,000 to $70,000. Mr. Natt also presented a letter from Ms. Ruth Slavensky, an owner of property behind the development, which shows her support of the project. Mr. E. B. Knighton, also a property owner behind the project, was present to show his opposition to this development. Supervisor Burton moved to approve the rezoning with proffered conditions. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that the aforementioned tract of land, more particularly described below, be rezoned with conditions from Residential District R-l and Business District I B-1 to Residential District R-5: 3.86 acres, situate on the west side of Route 221 in Roanoke County, Virginia, identified as Parcels 2, 3, and 6, Block 4 on Tax Map No. 86.08, according to the Tax Maps of Roanoke County, Virginia. BE IT FURTHER ORDERED that a copy of this order be transmitted to the County Planner and that he be and hereby is directed to reflect that change on the official zoning maps of the County. ADOPTED on motion of Supervisor Burton with proffered conditions and upon the following recorded vote: AYES: Supervisors Minter, Nickens, Burton, and McGraw NAYS: Supervisor Brittle I PROFFER OF CONDITIONS The Petitioner hereby voluntarily proffers to the Board of Supervisors of Roanoke County, Virginia, the following conditions to the zoning request hereinabove set forth: 1. That there will be twenty-seven townhouse dwelling units. 2. That this project will be constructed in accordance with the Site Plan prepared by Mattern and Craig, Consulting ~ ~ ~ 086 August 13, 1985 Engineers, dated October, 1984, for F. W. Finney Construction as revised to reflect new entrance. 3. That the units will be designed in accordance with the style of Truss Mark Home Plan 9048 entitled "The Townside". Petition of Lawrence D. Johnson to rezone lots 22 and 23, Section 8, Mount Vernon Heights from R-l to B-2 to permit the operation of the business known as Rain-Flow of Roanoke to be located in the Cave Spring Magisterial District. Planning Commission recommends approval. I APPROVED Mr. Ed Natt, representing Mr. Lawrence D. Johnson, was present to answer any questions the Board might have. There was no one present in opposition. Supervisor Brittle moved to approve the rezoning request. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that the aforementioned tract of land, more particularly described below, be rezoned from I Residential District R-l to Business District B-2. BEING lots 22 and 23, Section 8, Map of Mount Vernon Heights, which plat is of record in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia. BE IT FURTHER ORDERED that a copy of this order be transmitted to the County Planner and that he be and hereby is directed to reflect that change on the official zoning maps of the County. ADOPTED on motion of Supervisor Brittle with proffered conditions and upon the following recorded vote: AYES: Supervisors Minter, Nickens, Brittle, and Burton NAYS: None I ABSENT: Supervisor McGraw PROFFER OF CONDITIONS The Petitioner hereby voluntarily proffers to the Board of Supervisors of Roanoke County, Virginia, the following conditions to the zoning request hereinabove set forth: - ~ ~ August 13, 1985 o g i¡ 1. Remove the cinder block building presently on property. 2. Construct a 25 x 40 foot addition for an office. I 3. Use existing warehouse. 4. Lot will be fenced and cleaned. 5. If Rainflow, Inc., and/or Construction Services of Roanoke, Inc., do not utilize property for their own purposes, zoning will revert to Residential District R-l. Petition of Fralin and Waldron, Inc. requesting rezoning from R-3 to B-1 of a tract containing 3.9 acres and located off of Route 419 at Chaparral Drive to permit the construction and operation of a professional office park in the Cave Spring Magisterial District. Planning Commission recommends APPROVAL with proffered conditions. APPROVED Mr. Heywood Fralin, representing the petitioner, was present to answer any questions the Board might have. He I reported to the Board that most of the residents in that area are agreeable to the rezoning. There was no one present in opposition. Supervisor Brittle moved to approve the request for rezoning. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that the aforementioned tract of land, more particularly described below, be rezoned from R-3 to B-1. I BEGINNING at a point on the north side of Virginia Route 419, said point being at the western property line of N & W Railroad; thence continuing with the north side of Virginia Route 4l9, N. 74° 04' 26" W. 186 feet, more or less, to a point; thence N. 59° 55' 36" W. 105.95 feet to a point: thence N. 72° 46' 12" W. 178.13 feet to a point; thence S. 72° 55' 44" W. 139.72 feet to a point; thence N. 80° 04' 03" W. 202.02 feet to a point; thence N. 42° II' 25" E. 54.3l feet to a point, corner to "Well Lot", Block 5, Map of Green Valley; thence with the rear lines of "Well Lot", Lots 9, 10, 11, Block 5, Map of Green Valley, N. 43° 02' 20" E. 429.24 feet to a point: thence with the rear lines of Lot 6, Block 1, and Lot 1, Block 2, Section No.5, Green Valleys, s. 55° 33' 00" E. 513.00 feet, more or less, to a point on the westerly property line of N & W Railroad; ~ ~ r 088 August 13, 1985 thence with the same following a curve to the left to the place of BEGINNING, containing 3.9 acres, more or less, as shown on a plat prepared by Buford T. Lumsden & Associates, P.C., Engineers-Surveyors, dated June 14, 1985. I Subject, however, to the written proffered conditions submitted by Petitioner prior hereto. BE IT FURTHER ORDERED that a copy of this order be transmitted to the County Planner and that he be and hereby is directed to reflect that change on the official zoning maps of the County. ADOPTED on motion of Supervisor Brittle with the proffered conditions and upon the following recorded vote. AYES: Supervisors Minter, Nickens, Brittle, and Burton NAYS: None ABSENT: Supervisor McGraw PROFFER OF CONDITIONS I The petitioner hereby voluntarily proffers to the Board of Supervisors of Roanoke County, Virginia, the following conditions to the zoning request hereinabove set forth: 1. To develop the subject property in substantial conformity to the site plan dated 14 June, 1985, by Buford T. Lumsden & Associates, attached hereto as Exhibit A. 2. To construct a fence along the boundary of the subject property at points where the subject property abuts with lots containing single family residences. 3. To plant appropriate ground cover vegetation on the slopes of the subject property. petition of Charles E. Burger requesting rezoning from A-I to R-2 of lots 10 and 11, block 2, map of Century Estates to allow construction and sale of townhomes in the Hollins Magisterial District. Planning Commission recommends CONDITIONAL APPROVAL. ~ I APPROVED Mr. Charles Burger was present to answer any questions the Board might have. There was no one present in opposition. Supervisor Minter moved to approve the rezoning request. FINAL ORDER ----- ~ -.., August 13, 1985 Oö9 NOW, THEREFORE BE IT ORDERED, that the aforementioned parcel of land, which is contained in the Roanoke County Tax Maps I and legally described below, be rezoned from A-I District to R-2 District. Lots 10 and 11, Block 2, according to the plat of Century Estates, which plat is of record in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, in Plat Book 9, Page 282; and BEING A portion of the same property conveyed to the grantor herein by deed dated March 1, 1984, which deed is or record in the aforesaid Clerk's Office in Deed Book 1205, Page 253. BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. I ADOPTED on motion of Supervisor Minter with proffered conditions and the following recorded vote: AYES: Supervisors Minter, Nickens, Brittle, and Burton NAYS: None ABSENT: Supervisor McGraw PROFFER OF CONDITIONS Being in accord with Section 15.1-491.1 et seq. of the Code of Virginia and Section 21-11 of the Code of Roanoke County, the Petitioner, Charles E. Burger, hereby voluntarily proffers to the Board of Supervisors of Roanoke County, Virginia, the following conditions to the rezoning of the above-referenced parcel of land. I The petitioner hereby voluntarily proffers to the Board of Supervisors of Roanoke County, Virginia the following conditions to the rezoning request hereinabove set forth: 1. Your petitioner believes that the rezoning of the subject lots to R-2, Residential District, is in keeping with the intent of the Zoning Ordinance and will be in the best interest of the community and, further, the petitioner hereby proffers and agrees that the requested rezoning of the property in accordance with the provisions of the Roanoke County Zoning Ordinance will be subject to the following conditions: ~ ~ r 090 August 13, 1985 I I a. The primary reason of the aforementioned rezoning is to provide for individual home ownership within Roanoke County. The aforementioned lots are within a subdivision which is zoned A-I. All existing housing units within this subdivision are of a rental duplex nature. It is the intent of the Petitioner to build two townhomes per lot (versus one duplex building per lot). Thus, the established nature character of the neighborhood will be maintained as a more stable and desirable type of ownership offered. I b. This rezoning is subject to approval by the Board of zoning Appeals for a side yard variance from thirty (30) feet to twenty-two (22) feet. Petition of Lynn Brae Farms, Inc. requesting rezoning from M-l to R-3 of a tract containing 8.47 acres located off Starkey Road to construct an apartment complex in the Cave Spring Magisterial District. The Planning Commission recommends APPROVAL with proffered conditions. APPROVED Ms. Maryellen Goodlatte, representing Lynn Brae Farms, I Inc., was present to answer any questions the Board might have. There was no one present in opposition. Supervisor Brittle moved to approve the rezoning request. NOW, THEREFORE BE IT ORDAINED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Maps as Parcel 77-19-1-28 and recorded in Deed Book 1188, page 1843 and legally described below, be rezoned from M-l District to R-3 District. ---- STARTING at a point on the northwest side of Starkey Road (50 ft. wide) at the dividing line between the properties of C & S Partnership and Aylett B. Coleman & Fred P. Bullington as shown on plat recorded in Pat Book 9, page 144, in the Clerk's Office of the Circuit Court for Roanoke County, Virginia: thence leaving Starkey Road and with said dividing line, N. 440 07' 55" W. 178.82 ft. to THE ACTUAL PLACE OF BEGINNING, thence with the northwest line of the Coleman & Bullington property, S. 500 23' 35" W. 182.79 ft. to a point; thence leaving the Coleman & Bullington property and with two new lines through the property of Guy T. Smith and Eva R. Smith, N. 300 15' W. 84.50 ft. to a point; thence S. 520 25' 40" W. 388.86 ft. to a point on the I ~ ~ August 13, 1985 091 I northeast line of the 4.85 acre tract, property of Lynn Brae Farms of record in the aforesaid Clerk's Office in Deed Book 1180, page 1751; thence with the same, N. 340 47' W. 481.43 ft. to a point on the southerly right of way of Norfolk & Western Railway; thence with the same, with a curved line to the left the chord bearing and distance of N. 440 07' E. 90.18 ft. to a point of tangent; thence N. 420 36' E. 170.14 ft. to a point of curve; thence with a curved line to the right the following five chord bearings and distances, N. 430 48' E. 61.24 ft. to a point; thence N. 480 56' E. 94.10 ft. to a point; thence N. 570 18' E. 92.76 ft. to a point: thence N. 650 30' E. 93.74 ft. to a point: thence N. 720 18' E. 357.27 ft. to a point; thence leaving the Norfolk & Western Railway right of way and with a new line S. 460 49' 00" W. 463.08 feet to a pint; thence with another new line along the southwesterly edge of the 5.526 acres, S. 440 07' 55" E. 374.28 feet on the line of the property of C & S Partnership; thence with that line S. 490 46' 21" W. 60.14 feet to THE ACTUAL PLACE OF BEGINNING, containing 8.472 acres. I BE IT FURTHER ORDAINED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning maps of Roanoke County. ADOPTED on motion of Supervisor Brittle and upon the following recorded vote (with proffered conditions): AYES: Supervisors Minter, Nickens, Brittle, and Burton NAYS: None ABSENT: Supervisor McGraw PROFFER OF CONDITIONS Being in accord with Section 15.1-491.1 et seq. of the I Code of Virginia and Section 21-11 of the Code of Roanoke County, the Petitioner, Lynn Brae Farms, Inc., hereby voluntarily proffers to the Board of Supervisors of Roanoke County, Virginia the following conditions to the rezoning of the above-referenced parcel of land: ----- ~ ~ 092 August 13, 1985 Speed bumps will be placed on the above-referenced parcel of land near its intersection with Fallowater Lane to discourage the use of Fallowater Lane by project residents. Public hearing to set business license taxes for retail merchants (not more than .20 per $100), business service (not more than .36 per $100), personal service (not more than .36 per $100), and professional service (not more than .58 per $100) I John Chambliss, Superintendent of Fiscal Management, presented the proposed ordinance to the Board. Supervisor Burton reported that she was concerned about the impact of the retail license fee regarding equivalency to other jurisdictions. She was also concerned about the increase in the area of profession services since the proposed ordinance calls for a 100 percent increase. Supervisor Burton moved that the license fees be set as follows: Retail at .20 per $100; Business Service at .31 per $100: Professional Service at .40 per $100. I $100; Personal service at .31 per $100; Repair Service at .31 per Supervisor Nickens offered a substitute motion to set the license fees as follows: Retail Merchant at .20 per $100; Business Service at .34 per $100: Personal Service at .34 per $100; Professional Service at .50 per $100; and Repair Service at .34 per $100. RESOLUTION 85-137 AMENDING RESOLUTION NO. 83-159 LEVYING CERTAIN BUSINESS LICENSE TAXES BY ESTABLISHING THE RATES, FEES, AND CHARGES TO BE PAID AND COLLECTED FOR THE PRIVILEGE OF ENGAGING IN A BUSINESS, OCCUPATION OR PROFESSION IN THE COUNTY OF ROANOKE BE IT RESOLVED by the Board of Supervisors of Roanoke 1. That Resolution No. 83-159 be, and hereby is, I County, Virginia, as follows: amended to levy and impose a fee upon the following businesses, occupations and professions: and 2. That the rates, fees, and charges to be paid by such businesses, occupations and professions shall be as follows: .. ---- ~ ~ August 13, 1985 093 a. Retail Merchant .%6 ~e~ $%99 .20 per $100 b. Wholesale Merchant If gross purchases do not exceed $5,000, the license fee shall be $25. If gross purchases are more than $5,000, but less than $10,000, the fee is $50. Gross purchases in excess of $10,000 - add 10¢ per $100 of purchases to the $50 fee. I f. Professional Service .~5 ~e~ $%99 .~5 ~e~ $%99 .~5 ~e~ $%99 .16 per $10 .34 per $100 .34 per $100 .50 per $100 .36 per $10 c. Contractor d. Business Service e. Personal Service g. Commission Merchant h. Savings & Loan (main office) $50 per year i. Itinerant Merchant I Classes: 1) Itinerant merchants of family supplies of a perishable nature (produce, fruits, seafood, perishable food, ice cream, sandwiches, beverages, vegetables, flowers, plants, etc. or $250 per month fraction thereof 2) Itinerant merchants of general merchandise (not family supplies of a perishable nature) $500 per month or fraction thereof j. Peddler Classes: 1) Peddlers of family supplies of perishable nature (produce, fruits, seafood, perishable food, ice cream, sandwiches, beverages, vegetables, flowers, plants, etc. $50 per month or fraction thereof per vehicle yearly maximum of $150 for first vehicle $75 per year for each additional vehicle plus 2) Peddlers of ice, wood, or coal $50 per month or fraction thereof per vehicle yearly maximum of $150 for first vehicle plus $75 per year for each additional vehicle I 3) Peddlers of general merchandise (nor family supplies of perishable nature) $250 per month or fraction thereof per vehicle **Itinerant merchants and Peddlers shall at all times while engaged in business activities prominently display to public view their licenses. Peddlers exempted from local license taxation by Virginia Code §58-266.8 must provide the office of the Commissioner of the Revenue proof of such exemption. k. Carnival & Circus $250 per day ~ ~ "... 094 August 13, 1985 1. Fortune Tellers $1,000 per year $5,000 per year m. Massage Parlors n. Shows & Sales (only 3 days in length) $30 per show I o. Solicitors $30 per year per person p. Auto Graveyards (taxes at retail only - drop flat fee) .16 per $100 q. Coin operated amusement machines $190 in addition to gross receipts r. Alcoholic beverage fees: (.16 per $lOO) 1. Wholesale distributor - beer $100 per year 2. Wholesale distributor - wine $100 per year $50 per year 3. Beer - on 4. Beer - off $50 per year 5. Beer and wine - on $75 per year $75 per year 6. Beer and wine - off 7. Mixed Beverages: seating 50 - 100 101 - 150 151 plus $200 plus gross receipts $350 plus gross receipts $500 plus gross receipts I Private Club $350 plus gross receipts s. Repair Service .~5 ~e~ $%99 .34 per $100 3. In any event, for the privilege of engaging in any business, occupation, trade or profession in Roanoke County there shall be a minimum license fee of $30.00. 4. That rates and charges hereinabove specified shall be in full force and effect from and after January 1, 1986. On motion of Supervisor Nickens and the following recorded vote: AYES: Supervisors Minter, Nickens, and McGraw NAYS: Supervisors Brittle and Burton Public hearing to amend the Roanoke County Subdivision Ordinance to permit a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner. I APPROVED Arnold Covey, Development Review Coordinator, presented - ~ ~ August 13, 1985 0 9 5 the proposed ordinance to the Board of Supervisors. There was no one present in opposition. I Supervisor Brittle moved to approve the prepared ordinance. ORDINANCE 85-138 AMENDING CHAPTER 17 SUBDIVISIONS OF THE 1970 ROANOKE COUNTY CODE BY THE ADDITION OF A NEW SUBSECTION 17-3 (a) (21) PERMITTING A SINGLE DIVISION OF A LOT OR PARCEL FOR THE PURPOSE OF SALE OR GIFT TO A MEMBER OF THE IMMEDIATE FAMILY OF THE PROPERTY OWNER BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 17 Subdivisions of the 1970 Roanoke County Code be amended by the addition of the following provision: Section 17-3. Design requirements generally. I (a) The owner or proprietor of a subdivision shall observe and comply with the following general requirements and principles of land subdivision in preparing the preliminary and final subdivision plats: * * * * (2l) A single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner may be permitted, subject only to any express requirement of the Code of Virginia. Only one such division shall be allowed per family member, and shall not be for the purpose of circumventing this chapter. For the purpose of this chapter, a member of the immediate family is defined as any person who is a natural or legally defined offspring, spouse, or I parent of the owner. This amendment shall be in full force and effect from and after its passage. On motion of Supervisor Brittle and the following recorded vote: AYES: Supervisors Minter, Nickens, Brittle, Burton, and McGraw NAYS: None ~ ~ ~ 096 August 13, 1985 IN RE: APPOINTMENTS Supervisor Brittle moved to appoint Mary Barksdale to I the Health Council - Southwest Virginia Health System Agency, Inc., for a term beginning August 31, 1985 through August 31, I 1988. The motion carried by a unanimous voice vote. Supervisor Brittle moved to appoint Mr. Billy H. Branch to the Industrial Development Authority. The motion carried by a unanimous voice vote. Chairman McGraw announced that appointments to the Sesquicentennial Core Committee must be made by August 27, 1985. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Supervisor Minter - No report. 2. Supervisor Nickens - Supervisor Nickens inquired I about the septic system problem in the Orchard Subdivision. Mr. Hubbard, Superintendent of Public Facilities, reported that he has spoken with Fralin & Waldron about participation and they will not agree to help correct the situation. Supervisor Nicken~ directed Mr. Hubbard to conduct a campaign in that area to see if the residents would be willing to participate in an assistance program. 3. Supervisor Brittle - No report. 4. Supervisor Burton - Supervisor Burton presented a resolution to be sent to the Fifth Planning District Commission if approved which endorses a report of the Development District Association of Appalachia. Supervisor Burton moved to approve the prepared ordinance. RESOLUTION 85-139 ENDORSING A REPORT OF THE DEVELOPMENT DISTRICT ASSOCIATION OF APPALACHIA, TITLED TOWARD THE YEAR 2000: FORGING THE FUTURE OF APPALACHIA I WHEREAS, the Appalachian Regional Commission (ARC) was established by Congress in 1965 to improve the economic, physica~ and social development of an area known as the "Appalachian Region"; and ----- ~ .~ °9;7 August 13, 1985 WHEREAS, Alleghany, Botetourt and Craig Counties and the Cities of Clifton Forge and Covington are included in the I Appalachian area: and WHEREAS, a report has been prepared titled Toward The Year 2000: Forging the Future of Appalachia which outlines the accomplishments of the Appalachian program and the future needs of Appalachian development and makes recommendations for a direction for the future of Appalachian development: and WHEREAS, the Fifth Planning District Commission has been an active partner in the Appalachian development program representing local jurisdictions. BE IT THEREFORE RESOLVED by the Board of Supervisors of Roanoke County that the report Toward the Year 2000: Forging the Future of Appalachia and the recommendations contained therein is I hereby endorsed; and HOWEVER, an exception is taken to recommendation number three. The Board suggests the following changes: 3. Although distressed communities face special problems in providing water and sewer facilities, it should be recognized that communities which are not distressed also face hardship in providing adequate water and sewer facilities. Rather than allocate "all federal funds for water and sewer to distressed communities," Congress should consider establishing appropriate policies and guidelines for an equitable allocation of I scarce resources which include among other things "distress factors". FURTHER BE IT RESOLVED that the Chairman of the Board is instructed to forward this resolution to the Governor of the Commonwealth of Virginia and to the ~ ~ 098 August 13, 1985 chief elected official of each of the Appalachian jurisdictions. On motion of Supervisor Burton and the following recorded vote: I AYES: Supervisors Minter, Nickens, Brittle, Burton, and McGraw NAYS: None 5. Supervisor McGraw - No report. IN RE: MISCELLANEOUS INFORMATION John Chambliss, Superintendent of Fiscal Management, reported to the Board that the County has received an offer to purchase the North 11 property. Mr. Chambliss would like to present this request at the August 27, 1985, board meeting. IN RE: EXECUTIVE SESSION Supervisor Nickens moved to go into Executive Session I pursuant to the Code of Virginia 2.1-334 (a) (I) (2) (4) and (6). The motion carried by a unanimous voice vote. IN RE: OPEN SESSION Supervisor Minter moved to return to Open Session at 9:55 p.m. The motion carried by a unanimous voice vote. IN RE: ADJOURNMENT Supervisor Nickens moved to adjourn at 9:57 p.m. The motion carried by a unanimous voice vote. ~ q,/U+('~ Chairman I