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HomeMy WebLinkAbout8/14/1979 - Regular 8-14-79 229' I I I Board of County Supervisors Salem-Roanoke County Civic Center Salem, Virginia August 14, 1979 6:00 P.M. The Board of County Supervisors met this day in open session at the Salem-Roanoke County Civic Center in Salem, Virginia, this being the second Tuesday and the first regular meeting of the month. Members Present: Chairman May W. Johnson, Vice Chairman Robert E. Myers, Supervisors R. Wayne Compton, Edward C. Park, Jr., and Lawrence E. Terry. Chairman Johnson called the meeting to order at 6:03 p.m. and announced that opening business will include only routine matters; public hearings and other public agenda items will not begin before 7:00 p.m. IN RE: BRIDGE PROBLEH-STATE ROUTE 777 Chairman Johnson advised that Raymond R. Robrecht, Attorney representing certain citizens, had withdrawn his request for time on the agenda to discuss a problem concerning a bridge on Route 777. Supervisor Myers explained that after Mr. Robrecht had contacted the State Highway Department, Mr. M.E. Wood, District Engineer, and Mr. Fred C. Altizer, Jr., Resident Engineer, agreed to come up with money to install the bridge in the spring or early summer of 1980. IN RE: VACO-VOTING PRIVILEGES Supervisor Terry moved to receive and file the memorandum from the Chairman of the Montgomery County Board of Supervisors asking the County to join in opposing the proposed Virginia Association of Counties' Executive Committee proposal to limit the voting privilege in Association activities solely to members of the Board or elected officials. The motion was adopted unanimously. IN RE: ROANOKE RIVER UPPER BASIN The notice from the Wilmington District Corps of Engineers of a public information meeting on the water resources study in the Roanoke River Upper Basin to be held on August 22 at 7:00 p.m. in Shawsville was for information of the Supervisors and is filed with the minutes of this meeting. Chair~an Johnson encouraged any who could to go to this meeting. IN RE: MODEL FAIR HOUSING ORDINANCE Supervisor Compton moved that the model Fair Housing Ordinance prepared by the Fifth Planning District Commission be received and filed. 8-14-79 230 . . Supervisor Terry amended the motion to include that copies be given to the County Attorney and County Planner and that the matter be brought back to the Supervisors if need be. Mr. Terry's amendment to Mr. Compton's notion was adopted by a unanimous voice vote. IN RE: SECONDARY IMPROVEMENT BUDGET On motion of Supervisor Terry and a unanimous voice vote, the communication from the Resident Engineer, Virginia Departmen of Highways and Transportation, transmitting copy of the Secondary Improvement Budget for Roanoke County for the fiscal year 1979-80 was this date received and filed. IN RE: REFERRALS TO PLANNING COMMISSION In a report to the Board, the County Executive advised that the following petitions have been referred to the County Planning Commission since the Supervisors' meeting on July 24, 1979: (1) (2) Petition of Century Development Corporation and Branch Associates, Inc. for rezoning from M-l to B-2 of a 0.5-acre tract at the northwest corner of Peters Creek Road and Wood Haven Road in the Catawba District to allow construct- ion and operation of a 7-Eleven Store. Petition of Ethel F. Huffman, et als, for rezoning from R-l to B-2 of 14.5 acres fronting about 2,076 feet along the east side of Route 419, south of Interstate 81 at Hanging Rock in the Catawba District so that the property may be developed for commercial use, which will include some road construction. (3) Petition of Tanglewood Mall, Inc. as follows: a. Rezoning from B-2 to B-3 of a 3.232-acre portion of a l2.57-acre tract on the south side of Route 419 adjacent to Bernard Drive (Route 795) and the N & W Railway Company right of way line to permit commercial development in the Cave Spring District; b. Vacation of a portion of the map of Beulas Heights Subdivision and Winston Avenue and a portion of Bernard Drive (Route 795); and c. Requesting that a new road, proposed to be constructed at the petitioner's expense, be accepted by Roanoke County as a public road and by the State Highway Department as a part of the State Secondary System. (4) Petition of E. Turpin Phillips and Betty Jamison Phillips for rezoning from RE to A-l of 9.205 acres presently o~~ed by H. W. Van Hoy, Sr. and located on the east side of Route 311, 0.5 mile south of Route 912 in the Catawba District so the property may be used for a wholesale and retail nursery. IN RE: RESOLUTION NO. 2367 RELATING TO A PROJECT TO PROVIDE INDUSTRIAL ACCESS TO A CERTAIN NEW INDUSTRIAL PLANT TO BE LOCATED IN ROANOKE COUNTY BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That said Board, . having heretofore duly considered the request and assurances of Corrugated Container Corporation relating to a industrial access roadway in Roanoke County and . I I I , '. I I I 8-14-79 23i'1' < < - . . . having made certain assurances to the State Department of Highways and Transportation relating thereto, does TIlake the further assurance to said Department that any cost accrued in the preliminary engineering and plan development shall be reimbursed to said Department if the industry fails to locate at the proposed site; and 2. That the Clerk of this Board forthwith transmit certified copies of this resolution to the State Highway Commission of Virginia through the local office of the Virginia Department of Highways and Transportation. On motion of Supervisor Terry and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None IN RE: AUDIT REPORT-COUNTY CLERK & CIRCUIT COURT CLERK The County Executive advised that on August 10 the Report of the State Auditor of Public Accounts on the Audit of the records of the County Clerk and Clerk of Circuit Court for Roanoke County for the calendar years 1977 and 1978 was received Supervisor Compton moved to receive and file the report, which motion was adopted unanimously. IN RE: EXECUTIVE SESSION At the County Attorney's request for an executive session to discuss legal matters, Supervisor Terry moved that the Board go into executive session. Supervisor Myers asked the County Attorney what obligation the County was under when issuing industrial development bonds. The County Attorney acknowledged that this question had previously been referred to him and that he was in the process of preparing a report, but that the County was not under any statutory obligation. Mr. Terry's motion to go into executive session was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None The Supervisors left the meeting room to go into executive session at 6:12 p.m. At 7:04 p.m., the Supervisors returned to the meeting room and on motion of Supervisor Terry and a unaniIiJous voice vote, the Board reconvened in open session. 7 O'CLOCK SESSION Chairman Johnson announced to those present that the meetin had already been called to order because it had begun at 6:00 p.m. The invocation was offered by County Executive William F. Clark, The Pledge of Allegiance to the flag was recited in unison. 8-14-79 232 IN RE: APPROVAL OF MINUTES r---- I On motion of Supervisor Terry and a unanimous voice vote, the minutes of the regular meeting of July 10, 1979, were approved as presented. IN RE: REQUEST OF HOWARD L. ALTIZER FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME 19 FEET FROM THE NORTH AND SOUTH PROPERTY LINE, 32 FEET FROM THE EAST AND 21 FEET FROM THE WEST PROPERTY LINES ON A 0.17-ACRE TRACT LOCATED ON A PRIVATE DEEDED EASEMENT OF ACCESS OFF THE SOUTHWEST SIDE OF STATE ROUTE 777, 0.25 MILE FROM ITS INTERSECTION WITH STATE ROUTE 807 IN THE CATAWBA DISTRICT Chairman Johnson opened the floor for public comments and recognized Mr. Altizer, who was present for the hearing. No one appeared in opposition. This concluded the public hearing and Supervisor Myers moved that the request be approved subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes, which motion was adopted unanimously. NOTE: The Board of Zoning Appeals has granted variances as follows: (1) Mobile home is closer than 50 feet to all four property lines. (2) Tract contains less than one acre. IN RE: REQUEST OF JOHN EADES FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 45-ACRE TRACT ON THE NORTHWEST SIDE OF BRADSHAW ROAD (ROUTE 622), 10.5 MILES WEST OF ITS INTERSECTION WITH ROUTE 864 IN THE CATAWBA DISTRICT Chairman Johnson opened the floor for public comments and recognized Catawba District Supervisor Myers, who advised that Mr. Eades was not present at the hearing because he was working out of town. No one appeared in opposition. This concluded the public hearing and Supervisor Myers moved that the request be approved subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes, which motion was adopted unanimously. IN RE: REQUEST OF JOHNNY E. ETTER FOR RENEWAL OF A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 1.2-ACRE TRACT ON THE SOUTH SIDE OF RUTROUGH ROAD (ROUTE 658), 0.7 MILE EAST OF RANDOLPH ROAD (ROUTE 659) IN THE VINTON DISTRICT Chairman Johnson opened the floor for public comments. No spokesman for the petitioner was present nor was anyone present in opposition. This concluded the public hearing and Supervisor Park moved that the renewal request be approved beginning July 12, 1979, subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes, which motion was adopted unanimously. IN RE: REQUEST OF KENNETH J. McKINNEY FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON 6.74 ACRES ON THE SOUTH SIDE OF ROUTE 690, 0.6 MILE EAST OF ROUTE 221 IN THE WINDSOR HILLS DISTRICT I I I 8-14-79 , ,23":i . I Chairman Johnson opened the floor for public comments and recognized Mr. McKinney, who was present at the hearing. No one appeared in opposition. Windsor Hills District Supervisor Terry asked Mr. McKinney if he was aware that the second (old) mobile home on his property would have to be moved; Mr. McKinney said he was not. He said the interior of the second mobile home had been removed and that it was used for storage not living space. Mr. McKinney was advised that if the Building Inspector approved it, the second mobile home could remain. This concluded the public hearing and Supervisor Terry moved that the request be approved subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes, provided the second mobile home not be occupied. Mr. McKinney said he understood and would contact the Building Inspector. The motion was adopted by a unanimous voice vote of the Board. IN RE: REQUEST OF BEULAH ETUE FOR A SPECIAL EXCEPTION TO OPERATE A ONE-CHAIR BEAUTY SALON IN HER HOME AT 626 ORLANDO AVENUE, N.E. Mrs. Etue was not present at the hearing. No one appeared in opposition to the request. Hollins District Supervisor Compton asked that the public hearing he continued until later in the meeting on the chance that Mrs. Etue would arrive late. Board Chairman Johnson agreed to do so. SEE PAGE 307. IN RE: PETITION OF ERNEST G. AND LINDA G. BOWMAN AND *FINAI W. PRICE FIELDS TO PERMANENTLY VACATE, DISCONTINUE~ORDEF AND CLOSE A PORTION OF GRANVILLE STREET IN THE * NORTH HILLS SUBDIVISION RUNNING NORTHEAST BETWEEN * GREENWAY DRIVE AND NORTHWAY DRIVE IN THE HOLLINS * DISTRICT I I Chairman Johnson opened the floor for public comments and recognized Mr. Bowman, who explained why the request to close and vacate a part of Granville Street is being made. He further explained that North Hills is an old subdivision; the street in question is a "paper" street, never built and unlikely ever to be built. Mr. Compton asked Mr. Bowman about his plans for the lots. Mr. Bowman stated that he owns property on one side of Granville Street and Mr. W. Price Fields owns property on the other and that neither of them have need for the street. County Planner Guba1a was asked what the street would be zoned for if vacated. He responded that the street separates B-2 and R-1 zoning classifications. Mr. Compton asked if the street could be left as a buffer zone. Mr. BOvvrnan stated that he and Mr. Fields would plant a row of pine trees down the center of the right of way. County Attorney Buchholtz advised that when a street is vacated, property to the center of the right of way 8-14-79 , ! 234 becomes the property of abutting property owners and takes on the characteristics of the adjacent property it becomes part of and that the County has not the option of making the street a buffer. Mr. Compton then asked Mr. Bowman to promise that the trees would be planted. Mr. Bowman so promised, stating that this planting had already been planned. WHEREAS, E. G. Bowman and W. Price Fields made application to the Supervisors of the County of Roanoke, Virginia, to vacate discontinue and close that portion of street described in said application, which application was filed with the County Executive on April 4, 1979, and that day was referred to the Planning Commission of Roanoke County for its recommendation in accordance with the provisions of the Code of Virginia of 1950, as amended; and WHEREAS, the Planning Commission by resolution adopted at a meeting held on June 19, 1979, after hearing evidence regarding the merits of said application, recommended to this Board approval of the application to permanently vacate, dis- continue and close a portion of Granville Street extending from the east side of Greenway Drive produced to the west side of the cul-de-sac at the north end of Northway Drive (streets shown on map of North Hills-P.B. 3, page 20) in Roanoke County, Virginia. WHEREAS, the Clerk of this Board did set the regular meeting of this Board, held on August 14, 1979, as the time and date for a public hearing on the aforesaid proposed street closing and advertised the same by notice duly published in the Roanoke Times and World-News, evening edition, a newspaper having a general circulation in the County of Roanoke, Virginia, in accordance with the Code of Virginia of 1950, as amended; WHEREAS, said public hearing was held on the proposed street closing on the 14th day of August, 1979; and WHEREAS, it appearing that the land proprietors affected by the requested street closing are parties to the herein application; and WHEREAS, this Board, after careful consideration of said application and the recommendation of the County Planning Commission, after hearing evidence regarding the merits of said street closing, being of the opinion that the request should be granted as recommended by the Planning Commission; NOW, THEREFORE, BE IT RESOLVED AND ORDERED that at this meeting of the Board of County Supervisors of Roanoke County, Virginia, held on the 14th day of August, 1979, the said portion of Granville Street be permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be and it hereby is released insofar as the County Supervisors of the County of Roanoke are empowered so to do, I I I 8-14-79 235 .. . . I the said road being located in the County of Roanoke, Virginia, and more particularly described as follows, to wit: A portion of Granville Street extending from the east side of Greenway Drive produced to the west side of the cul-de-sac at the north end of Northway Drive (streets shown on map of North Hills-P.B. 3, page 20) BE IT FURTHER RESOLVED that the County Engineer be, and he hereby is, directed to mark "permanently vacated" on said street on all maps and plats on file in his office of which street is shown; BE IT FURTHER RESOLVED that the Clerk of the County Board of Supervisors deliver to the Clerk of the Circuit Court for the County of Roanoke, Virginia, a certified copy of this order for recordation in Deed Books of said Clerk's Office, indexing the same in the name of the County of Roanoke, Virginia as Grantor, and in the same of E. G. Bowman and W. Price Fields, and the names of any other parties in interest who may so request, as Grantees; BE IT FURTHER RESOLVED AND ORDERED that the Clerk of this Board shall forthwith certify a copy of this resolution and order to the Secretary of the Planning Commission of Roanoke County, Virginia, and a copy to Charles O. Cornelison, Attorney for the Applicants. This concluded the public hearing and Supervisor Compton moved that the Board concur with the recommendation of the Planning Commission and approve the petition for closing a portion of Granville Street, which motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None IN RE: PETITION OF WILLIAM C. AND SHIRLEY H. BISHOP FOR * REZONING FROM A-l TO M-l OF A 3-ACRE PORTION OF A * 5.14-ACRE TRACT BOUNDED ON THE NORTHWEST AND SOUTH*FINAL BY ROUTE 803 JUST SOUTH OF ITS INTERSECTION WITH "~ORDER ROUTE 116 AT WINDY GAP MOUNTAIN IN THE VINTON ,'( DISTRICT SO A BUILDING MAY BE CONSTRUCTED IN WHICH* CARS WILL BE DISMANTLED AND THEIR USED PARTS OFFERE.D* FOR SALE * Chairman Johnson opened the floor for public comments and recogiiized Furman B. \-,Thitescarver, Jr., Attorney, who advised that his client's petition had been before the Planning Com- mission twice. No one appeared in opposition. Mr. Whitescarver advised that all the work of stripping the cars would be done inside a building. County Planner advised that his comments had been unfavorable because of the topography of the site (very steep) and a bad curve in the road at this location; Mr. Gubala advised that the sediment control ordinance would be enforced at this location as it is in all land-disturbing activities. I I 8-14-79 ..,236 · . .. Mr. Whitescarver advised that the proposed business would be a family operation employing Mr. Bishop and his two sons. When asked what would be done with cars after they were stripped, Mr. Whitescarver said they would be temporarily stored behind a masonry wall, then hauled off -- topography of land would prevent the storing of more than a few. WHEREAS William C. Bishop et ux did duly file their petitio! to change the zoning classification of certain property owned by them and located on the northerly slope of Windy Gap Mountain on Route No. 803, near its intersection with Route No. 116; that your petitioners are desirous of having a portion of said property, containing three acres, more or less, rezoned to Industrial M-l; and, WHEREAS by order of this Board, entered at its regular meeting on the day of , 1979, the proposed amendment was referred to the Planning Commission of Roanoke County for recommendation in accordance with Section 15.1-491 of the Official Code of Virginia of 1950, as amended; and, I WHEREAS the Planning Commission of Roanoke County has certified a copy to this Board of the resolution duly adopted by the Commission which said resolution recommends that said property be reclassified as Industrial "M-l"; and, WHEREAS a public hearing was held on August 14, 1979, on the proposed amendment, after notice thereof was duly published in the "Roanoke World News", a newspaper published in the City of Roanoke and having general circulation in the County of Roanoke, under date of July 31, 1979 and August 7, 1979 , as required by Section 15.1-431 of the said Code of Virginia, and duly certified by the publisher of said paper; and this Board having duly considered the same, it is accordingly hereby ORDERED that the County Zoning Ordinance be, and the same is hereby, amended to reclassify to Industrial "M-l" the property described on Exhibit "A" attached hereto and made a part hereof. It is further ORDERED that the Clerk of this Board forthwit certify a copy of this Order to the Secretary of the County Planning Commission and to any other party in interest desiring a copy thereof. This concluded the public hearing and Supervisor Park moved that the Board concur with the recommendation of the Planning Commission and approve the rezoning, which motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None I I I I I 8-14-79 ,., 237 , . ,'~ " IN RE: PETITION OF JOE C. BROWN AND DENNIS H. CARTER FOR REZONING FROM M-l TO B-2 OF TWO PARCELS CONTAINING TOTAL OF 0.865 ACRE AND LOCATED ON THE EAST SIDE OF * ROUTE 311,900 FEET NORTH OF ITS INTERSECTION WITH ROUTE 864 (OLD ROUTE 311) IN THE CATAWBA DISTRICT SO AN INDOOR/OUTDOOR FLEA MARKET MAY BE OPERATED THEREON A',~ " ,~ " 'kDENIE ,f, ,'( Chairman Johnson opened the floor for public comments and recognized Charles B. Phillips, Attorney, who was present on behalf of the petitioners. He mentioned their proffer of conditio s which included "No Parking" signs to be placed along the edge of the road adjacent to the site of the proposed flea market and that an adjoining tract containing about l~ acre would be opened up for parking. The flea market would be operated in the building that formerly housed the 311 Grill and which contains 1,800 feet. The flea market would be operated at the rear of the building near the fence. Parking would be provided at the front and along the sides; the market would operate only on Saturdays and Sundays Mr. Phillips also reminded the Board and those present that this property is presently zonedM-l and if the requested rezoning isn't allowed, the petitioners plan to lease the property for use as a body shop. Mrs. Johnson asked if anyone was present in opposition. Several people stood, and Mr. William E. Knighton acted as their spokesman. He said opponents were concerned becausE there is already a lot of traffic on Route 311, which is a two-lane road, and they feel there will be a problem with parking around the flea market. He also asked what kind of toilet facilities would be provided. Mr. Brown, one of the petitioners, was present and advised there is a septic tank on the property and six toilets in the building. County Planner Gubala was asked to comment on behalf of the Planning Commission. He advised the property was zoned in 1977 for an automobile repair shop but never put to that use. The County Land Use Plan shows parks and open space in the area. Business B-2 zoning of this property would make it the only B-2 zoning in a half-mile radius, which would make it spot zoning. Also, the property is in the Mason Creek flood plain. Catawba District Supervisor Myers stated that he had had numerous inquiries about this petition and had attended a meeting of citizens objecting to such a business. This concluded the public hearing, and Supervisor Myers moved that the Board concur with the recommendation of the Planning Comn1ission and deny the rezoning, which motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None 8-14-79 23..~t... . IN RE: PET.IT.ION OF TEMPO HOMES~, INC,. FOR REZONING 'FROM ,I( R-l TO B-1 OF A 0.62-ACRE TRACT ON THE NORTH SIDE* OF HARDY ROAD (ROUTE 24), LOCATED APPROXIMATELY 'k 352 FEET WEST OF SPRING GROVE DRIVE NEAR WILLIAM *DENIED BYRD HIGH SCHOOL IN THE VINTON DISTRICT SO THAT * A DENTAL OFFICE MAY BE BUILT THEREON * Chairman Johnson opened the floor for public comments. Among those present for this hearing were attorney Michael K. Smeltzer representing the petitioner, Mr. Robert W. Bowers, owner of Tempo Homes, Inc., and Dr. Victor S. Skaff, Jr., the dentist who would own and occupy the building housing the proposed dentist's office. Mrs. Johnson asked that all those opposing this rezoning stand -- around 35 or 40 persons stood. She then asked for those present in support of the rezoning to stand and around 10 or 12 persons did so. Mr. Smeltzer statec that he first wished to advise all present that the petitioner had withdrawn his request for rezoning of three of the four parcels included in the original petition. To be considered tonight would be only the 0.62-acre parcel being sold to Dr. Victor S. Skaff, Jr. Mr. Smeltzer then showed the Supervisors and others interested a map of the entire area owned by Tempo Homes and the one parcel now being requested ~o be rezoned. He distributed to the Supervisors a plan showing the subdivision entrance and an artist's sketch of the dentist's office. He advised that the conditions proffered by the petition included a provision that the property would be used by Dr. Skaff, who would build a dental office and would occupy it as sole pract- tioner. Mrs. Johnson asked what the building could be used for if Dr. Skaff moved out. Mr. Smeltzer stated it could be used for any B-1 use, but County Attorney James E. Buchholtz advised that since the proffer included the statement that the property would be used for construction and occupancy as a dental office for Dr. Victor S. Skaff, Jr., it would revert to R-l unless Dr. Skaff sold it to another dentist. Dr. Skaff said he did not want to be thus restricted. The County Attorney then advised that if the petitioner wished to withdraw and come back with different conditions, he could. Dr. Skaff asked if, at a future date, he wanted to sell what type of procedure he would have to go through. He was advised he could petition for rezoning to any classification. Spokesman for the opposition was Mrs. Velma Graves, resident of Lindenwood Subdivision. She showed the Supervisors a map of the property Mr. Bowers owns on Route 24 which also showed the portion of this property already zoned for business. She anticipated that a bad traffic situation would be made worse and stated that those in opposition felt that business development should stop at the top of the hill. She stated that I I I 8-14-79 23'9' '" '.. . I business is not wanted at the entrance to their subdivision, particularly since nearby land is already zoned and available for a dentist's office. Mr. Vincent Reynolds, also a Lindenwood resident opposed to this rezoning, reiterated what Mrs. Graves had said about traffic and asked to be shown exactly where the closest residence to the dental office would be built. Mr. Smeltzer indicated that it would be on Lot 1 of the Spring Grove Subdivision and about 300 feet from the rear of the dentist's property. County Planner Gubala was asked why the Planning Commission recommended denial. He responded that the County's short-range plan shows residential use in the area for the next five years and the long-range plan shows offices for the site. The Commiss- ion felt the area east of Vinton along Route 24 was growing and that this rezoning would extend strip development along 24. Mr. Gubala further stated that he had no objection to rezoning this one tract but would object to the rezoning of the other three. He felt that B-1 zoning would be generally compatable with the area. In suwmary, Mr. Smeltzer said he sympathizes with the residents of Lindenwood but feels the rezoning is comoatable with the area, mentioning other businesses nearby, and asked Mr. R. W. Bowers to say a few words. Mr. Bowers said he appreciated the concern of Lindenwood residents and that he wanted something on the land that he could be proud of. He advised that a deceleration lane was planned. Mrs. Johnson then asked if there were any other comments. Mr. Everett Noell from Lindenwood advised that there is no residential area along Route 24 east of Vinton until you get to Lindenwood--it is all business. He wants the tract left residential. Mr. Ronald Kingery from Timberridge Subdivision said he moved there eleven years ago and although trees and woods were nice, people need businesses. He further advised that he did not want to drive into Roanoke or out to Route 419 to see a dentist. He also stated that he felt the Highway Department could take care of the traffic problem and put in lights. This concluded the public hearing, and Supervisor Park moved that the rezoning be denied, which motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Terry, Mrs. Johnson NAYS: None ABSTAIN: Mr. Park IN RE: RESOLUTION NO. 2368 ADOPTING A SCHEDULE OF FEES FOR THE REVIEW OF PRELIMINARY AND FINAL SUBDIVISION PLATS AND ESTABLISHING AN EFFEC- TIVE DATE FOR THIS RESOLUTION I I - 8-14-79 240 . BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That the following schedule of fees for the review of preliminary and final subdivision plats be, and the same is hereby, ADOPTED: Review of any subdivision (one tract or lot into any number of parcels that does not require improvements) Review of a subdivision of land into 2 to 4 parcels, lots or tracts requiring improvements Review of a subdivision of five (5) or more lots, parcels or tracts requiring improvements $10.00" I $25.00 2. That this resolution On motion of Supervisor recorded vote: The County Executive advised that the Homebuilders had reviewed the schedule of fees with the committee appointed by the Supervisors and had no adverse comments. Supervisor Myers asked for clarification of the schedule pertaining to subdivisio review where no improvements are required. After'this point was cleared up, Supervisor Terry moved for adoption of the foregoing resolution, which motion was approved by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None $50.00 plus $10.00 per lot to a maximum of $250.00 take effect on August 14, 1979. Terry and adopted by the following I IN RE: INFORMATIONAL ITEMS The Financial Statement for June and Accounts Paid for July, submitted by the Director of Finance, were for information of the Supervisors and are on file in the Office of the County's Director of Finance. IN RE: BID-EXTERMINATION SERVICES In presenting his report on bids received for providing extermination services to various County-owned buildings, Director of Finance Chambliss asked that the prepared resolution be amended to include those fire stations with kitchens. He explained that the low bid on this service was considerably below the figure anticipated and there would be enough money allocated to include the fire stations. ~fuen asked how the new figure was obtained, Mr. Chambliss advised that the low bidder was given a list of fire stations and asked to amend his bid. The Supervisors felt this procedure had not been fair to the other firms who had bid on the extermination services. There- fore, Supervisor Park moved that the recommended low bid be rejected and that invitations to bid be sent out again, the specifications to include fire stations. I 8-14-79 2"~ 1 .. I I I The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None IN RE: RESOLUTION NO. 2369 RECEIVING THE 1978 DELIQUENT LISTS FOR REAL ESTATE AND PERSONAL PROPERTY TAXES AND AUTHORIZING THE DIRECTOR OF FINANCE TO PURSUE THE COLLECTION OF DELINQUENT TAXES IN LIEU OF ADVERTISING SAME Chairman Johnson asked the Director of Finance how removal of farm implements from the list of items on which personal property tax must be paid had effected revenues. lie responded that records for 1978 indicated a loss of around $12,000; he had no comparison as yet for 1979. BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That the 1978 Delinquent Lists for Real Estate and Personal Property Taxes be, and the same are hereby, received and filed in the Board of County Supervisors' file; and 2. That the Director of Finance be, and he is hereby, authorized and directed to pursue the collection of delinquent taxes for the County of Roanoke in lieu of advertising said taxes in accordance with Section 59-983 of the Code of Virginia; and 3. That the Director of Finance be, and he is hereby, authorized to utilize the monies for advertising in the collection effort in the initiation of legal proceedings as may be required. On motion of Supervisor Compton and adopted by the following recorded vote: AYES; Mr. Compton, Hr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None IN RE: POSSIBLE ELIMINATION OF PERSONAL PROPERTY TAX Supervisor Park moved that the Director of Finance be asked to investigate the possible elimination of personal property tax and report back to the Board before the County's delegates to the General Assembly go to Richmond again. Mr. Park suggested that the personal property tax be replaced by a 1 per cent "piggy-back" tax. The motion was adopted unanimously. IN RE: DRAINAGE WELLS Mr. Park also mentioned that legislation regulating drainage wells is needed and should be included in the County's legislative program for presentation to County delegates. IN RE: RESOLUTION NO. 2370 RATIFYING A CERTAIN CONSTRUCTION CONTRACT ENTERED INTO BE AND ROANOKE COUNTY PUBLIC SERVICE AUTHORITY AND J.P. TURNER & BROTHERS 8-14-79 242 Supervisor Myers asked W. L. Rossie, Executive Director of the Public Service Authority, why the Supervisors weren't given the names of all the firms which submitted bids on this construction project. Mr. Terry and Mr. Rossie advised that the Authority Board had had all the bids before them for consideration and that this report merely recommends that the Supervisors accept the low bid. (Supervisor Park left the meeting momentarily at this point) Supervisor Myers asked that in the future, full information be included. BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: That a certain construction contract entered into by and between the Roanoke County Public Service Authority and J. P. Turner & Brothers to construct the Route 419 Transmission Main as defined in said agreement upon all and singular the terms, conditions and provisions more fully set out in said agreement be, and the same is hereby, RATIFIED. On motion of Supervisor Terry and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Terry, Mrs. Johnson NAYS: None TEMP ABSENT: Mr. Park (Mr. Park returned to the meeting at 8:57 p.m.) IN RE: RESOLUTION NO. 2371 AUTHORIZING THE COUNTY OF ROANOKE TO ENTER INTO CERTAIN CONSTRUCTION AND TRANSPORTATION AGREEMENTS WITH THE COUNTY OF BOTETOURT AND THE BOTETOURT COUNTY SERVICE AUTHORITY UPON CERTAIN TERMS AND CONDITIONS AND AUTHORIZING THE CHAIRMAN OF THE BOARD TO EXECUTE SAID AGREEMENT ON BEHALF OF THE COUNTY OF ROANOKE BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That the County of Roanoke be, and it is hereby, authorized to enter into certain construction and transportation agreements by and between the County of Roanoke and the County of Botetourt and the Botetourt County Service Authority to construct the Tinker Creek Interceptor as defined in said agreements upon all and singular the terms, conditions and provisions more fully set out in said agreements; and 2. That the Chairman of the Roanoke County Board of Supervisors and the Clerk of said Board, be, and they are hereby, directed to execute and attest, respectfully, said agreements on behalf of the County of Roanoke. On motion of Supervisor Park and adopted by the following recorded vote: I I I AYES: NAYS: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson None I I I 8-14-79 249 , , IN RE: RESOLUTION NO. 2372 AUTHORIZING THE COUNTY OF ROANOKE TO ENTER INTO A CERTAIN TESTING AND PROGRAM EVALUATION AGREEMENT WITH DOCTORS JOHN BOYD AND KEITH HUME OF THE UNIVERSITY OF VIRGINIA UPON CERTAIN TERMS AND CONDITIONS AND AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE SAID AGREEMENT ON BEHALF OF THE COUNTY OF ROANOKE BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That the County of Roanoke be, and it is hereby, authorized to enter into a certain testing and program evaluatio agreement by and between the County of Roanoke and Doctors John Boyd and Keith Hurne of the University of Virginia to provide for the testing of applicants and program evaluation for the Youth and Family Bureau as defined in said agreement upon all and singular the terms, conditions and provisions more fully set out in said agreement; and 2. That the County Executive be, and he is hereby, authorized to execute said agreement, upon form approved by the County Attorney, on behalf of the County of Roanoke. On motion of Supervisor Terry and adopted by the follow- ing recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None IN RE: RESOLUTION NO. 2373 AUTHORIZING THE COUNTY OF ROANOKE TO ENTER INTO A CERTAIN PURCP~SE AGREEMENT WITH DATAPOINT CORPORATION UPON CERTAIN TERMS AND CONDITIONS AND ~UTHORIZING THE COUNTY EXECUTIVE TO EXECUTE SAID AGREEMENT ON BEHALF OF THE COUNTY OF ROANOKE BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That the County of Roanoke be, and it is hereby, authorized to enter into a certain purchase agreement by and between the County of Roanoke and Datapoint Corporation of San Antonio, Texas, for the purchase of two (2) model 3611-3601 Data stations and one (1) model 8200 Data station upon all and singular the terms, conditions and provisions more fully set out in said agreement; and 2. That the County Executive be, and he is hereby, authorize to execute said agreement, upon form approved by the County Attorney, on hehalf of the County of Roanoke. On motion of Supervisor Terry and adopted by the following recorded vote: AYES: NAYS: IN RE: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson None RESOLUTION NO. 2374 ACCEPTING CEBE INVESTMENTSt DONATION OF A CO}WIDNICATIONS TOWER TO THE COUNTY OF ROANOKE AND EXPRESSING THE COUNTY'S APPRECIATION FOR SUCH DONATION 8-14-79 244 .f~ r . BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That CEBE Investments' donation of a communications tower to the County of Roanoke be, and the same is hereby, ACCEPTED; and 2. That the Board of County Supervisors of Roanoke County wishes to express its appreciation for CEBE Investments' donation of a communications tower of the approximate value of $3,000 to the County of Roanoke; and 3. That the County Clerk be, and he is hereby, directed to notify CEBE Investments and express the County's appreciatior for such donation. On motion of Supervisor Terry and adopted by the following recorded vote: AYES;: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None IN RE: REQUEST OF BEULAH ETUE FOR A SPECIAL EXCEPTION TO THE ZONING ORDINANCE OF ROANOKE COUNTY TO OPERATE A ONE-CHAIR BEAUTY SALON IN HER HOME AT 626 ORLANDO AVENUE, N.E. (PLANTATION COURT) IN THE HOLLINS DISTRICT I Because the petitioner was not present, this public hearing had been continued from the beginning of this meeting at 7 :00 p.m. Chairman Johnson opened the floor for public comments and recognized Hollins District Supervisor Compton, who advised that Mrs. Etue was unaware that she should attend the public hearing on her request. County Planner Gubala advised that he knew of no objection to such an operation. No one appeared in opposition. This concluded the public hearing and Supervisor Compton moved that the request be approved subject to the provisions of Chapter 21, Zoning, of the Roanoke County Code pertaining to home occupation, which motion was adopted unanimously. IN RE: WATER AND SEWER FACILITIES Supervisor Terry thanked fellow Supervisors for their backing on the recently signed contract between the County and City of Roanoke for the exchange of water and sewer facilities. IN RE: STATE FIREMEN'S CONVENTION Mrs. Johnson urged those present to try and visit the Salem-Roanoke County Civic Center this week during the State Firemen's Convention. I I IN RE: REAL ESTATE REASSESSMENTS Mrs. Johnson mentioned that she, along with other Supervisors, had received a letter from County Assessor Andrew E. Clingenpeel advising that any group of citizens or any civic organization desiring information on the real estate reassess- --- ment presently under way should call his office. He is making 8-14-79 24~ " . I I I himself available to speak to such groups on the subject and answer their questions. IN RE: WATER TANK TOWER Mrs. Johnson asked Mr. Rossie, County Utility Director, on behalf of a Vinton Councilman, if he had any kind of report on the water tank tower. Mr. Rossie responded that the contract is being ironed out with consultants. IN RE: APPOINTMENT-WELFARE BOARD Chairman Johnson asked for a motion appointing R. Curtis Steel, Jr. of Route 7, Roanoke, to fill the unexpired term of Mr. Von A. Jones, Jr. on the Roanoke County Board of Public Welfare, which term will expire on January 19, 19801 Mr. Terry so moved, which motion was adopted by a unanimous voice vote. IN RE: APPOINTMENT-REGIONAL LANDFILL BOARD On recommendation of the County Executive, Supervisor Terry moved that Mr. Howard R. Keister, Chief Architect at Smithey & Boynton, be appointed to fill the unexpired term of C. Dean Foster, Jr. (former County Attorney), as one of Roanoke County's two representatives on the Roanoke Valley Regional Solid Waste Management Board, which term expires on July 31, 1980 The motion was adopted by a unanimous voice vote of the Board. IN RE: CITIZEN COMPLAINT Mr. C. R. Smith appeared before the Board to complain about a Mr. Harris who keeps cattle on property near Mr. Smith. County Planner Gubala was familiar with the situation and advised that a letter has already been sent a Ms. Evelyn Harris, owner of property on the north side of Wood Haven Road, about one-half mile from its intersection with Peters Creek Road, notifying her that the cattle will have to be moved in ten days. IN RE: ADJOURID1ENT This concluded the business before the Board at this time and on the motion of Supervisor Terry and a unanimous voice vote, the meeting was adjourned at 9:15 p.m. CHAI~~N