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HomeMy WebLinkAbout8/28/1979 - Regular 8-28-79 ~.,- . .~ .. 246 - Board of County Supervisors Salem-Roanoke County Civic Center Salem, Virginia August 28, 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 fourth Tuesday and the second regular meeting of the month of August. 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 6:00 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: DEPARTMENTAL ACTIVITIES REPORTS The Departmental Activities Reports, as submitted by the County Executive, were for information of the Supervisors and are filed with the minutes of this meeting. IN RE: INACTIVE PETITION FOR REZONING Supervisor Terry moved that the Board concur with the recommendation of the Planning and Zoning Department and remove the Petition of Albert, Nadine, and William Salem to rezone property located on the south side of State Route 796 in the Glenvar area from A-I to M-l for a woodworking shop from the County's active files, which motion was adopted unanimously. A full copy of the report is filed with the minutes of this meeting. 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 August 14, 1979: (1) Petition of Eldridge M. Atkinson requesting rezoning from R-l to RE of a 1.32-acre tract on the west side of Locust Grove Lane (Route 1110). Locust Grove Lane is in the Catawba District and runs between the north side of U.S. Route 11/460 and the west corporate line of the City of Salem. If the rezoning is granted, the petitioner will apply for a special exception to park a mobile home on thi: tract. (2) Petition of Dewey W. and Mary I. Likens requesting rezon- ing from RE to B-3 of 0.76 acre on the south side of Route 221 near Poages Mill in the Windsor Hills District. Rezoning is requested to allow expansion of the existing service station. (Jake's Union (76). The following petition, previously referred to the Planning Commission, is being withdrawn from further consideration at the request of the attorney for the I I I 8-28-79 . ". 247 . . ~ . I petitioner and with concurrence of the Commission: (3) Petition of Roadway Express, Inc. requesting rezoning from R-1 to M-2 of 3 acres, more or less, at the northwest corner of Enon Drive and Walrond Drive, adjoining Jamison Industrial Park in the Hollins District so the property could be used for a trucking terminal. IN RE: NORTHSIDE TENNIS COURTS Supervisor Myers moved that the Board concur with the recommendation of the Director of Parks and Recreation that the Engineering Department be allowed to develop specifications for a new plan of reconstruction and paving to complete the Northsid tennis courts and to advertise for bids as soon as possible, which motion was adopted unanimously. A full copy of the report is filed with the minutes of this meeting. IN RE: RESOLUTION NO. 2375 ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE FOR THE INSTALLATION OF LIGHTING AT WALROND PARK BALLFIELD UPON CERTAIN TERMS AND CONDITIONS AND AUTHORIZING AND DIRECTING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT WITH THE SUCCESSFUL BIDDER BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That that certain bid of Southeastern Electric Contract- ors, Inc., of Roanoke, Virginia, in the amount of $79,521.00 to install certain lighting at the Walrond Park Ballfield, upon all and singular the terms and conditions of the invitation to bid, the specifications of the County of Roanoke, Virginia, the bidder's proposal and the provisions of this resolution be, and the same is hereby, ACCEPTED; and 2. That the County Executive be, and he is hereby, authorized and directed to enter into contract with Southeastern Electric Contractors, Inc., of Roanoke for the execution of the work to be performed as aforesaid; and 3. That all other bids for the performance of said work are hereby REJECTED and the County Clerk is directed to so notify such bidders and express the County's appreciation for such bids. On motion of Supervisor Compton and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None IN RE: FINANCIAL STATEMENT The Financial Statement for the month of July, as submit- ted by the Director of Finance, was for information of the Supervisors and is filed with the minutes of this meeting. IN RE: JAIL REPORT I I On motion of Supervisor Compton and a unanimous voice vote, the Jail Report for the month of July was this date received and filed. 8-28-79 248 IN RE: EXECUTIVE SESSION At 6:06 p.m., on motion of Supervisor Terry and the following recorded vote, the Board went into Executive Session to discuss legal and personnel matters. AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None At 7:00 p.m., the Supervisors returned to the meeting room and on motion of Supervisor Terry and a unanimous voice vote, the Board reconvened in open session. 7 O'CLOCK SESSION Chairman Johnson announced to those present that the meeting had already been called to order at the six o'clock session and recognized John M. Chambliss, Jr., Director of Finance, who offered the invocation. The Pledge of Allegiance to the flag was recited in unison. IN RE: APPROVAL OF MINUTES On motion of Supervisor Terry and a unanimous voice vote, the minutes of the meeting of July 24, 1979, were approved as presented. IN RE: PROCLAMATION RECOGNIZING AND SUPPORTING THE EFFORTS OF THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF ROANOKE County Attorney Buchholtz read the above-mentioned proclamation, a full copy of which is filed with the minutes of this meeting. Supervisor Terry moved that the Chairman be authorized to sign the proclamation, which motion was adopted unanimously. IN RE: RESOLUTION NO. 2376 COMMENDING BOTH THE PAID FIRE PERSONNEL OF ROANOKE COUNTY AND THE SEVERAL VOLUNTEER FIRE COMPANIES OF ROANOKE COUNTY FOR THEIR TIRELESS WORK, COOPERATION AND PARTICIPA- TION IN THE 93RD ANNUAL VIRGINIA STATE FIREMEN'S ASSOCIATION COVENTION WHEREAS, during the week of August 12, 1979, through August 17, 1979, the 93rd Annual Virginia State Firemen's Association Convention was held in Roanoke County, Virginia, with its principal convention headquarters at the Salem-Roanoke County Civic Center; and WHEREAS, throughout the aforementioned week, and for a substantial period of time prior thereto, many persons from both the paid County fire personnel and the several Volunteer Companies of the County worked tirelessly and selflessly above and beyond the call of duty in order to make the 93rd Annual Virginia State Firemen's Association Convention a resounding success; and WHEREAS, because of the herculean efforts of the many dedicated persons whose unflagging spirits cooperated and participated in the planning and staging of said Convention, the 93rd Annual Virginia State Firemen's Association Convention I I I 8-28-79 .. I was one of the most successful such Conventions in recent years. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of County Supervisors of Roanoke County does hereby commend both the paid fire personnel of Roanoke County and the several Volunteer Fire Companies of Roanol:e County for their tireless work, cooperation and participation in the 93rd Annual Virginia State Firemen's Association Convention, and does express its appreciation for the honor and distinction brought to Roanoke County be reason of these efforts, and I 2. That attested copies of this resolution be forthwith delivered to Robert N. ~1onroe, Coordinator, Roanoke County Fire and Emergency Services, and to each of the several Volunteer Fire Companies of Roanoke County. The foregoing resolution' was adopted on motion of Supervisor Park and the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None IN RE: CAVE SPRING GIRLS SENIOR LEAGUE SOFTBALL CHAMPIONS Mrs. Johnson read a letter she received from Jack F. Justice Assistant Regional Director, Southern Regional Headquarters for Little League Baseball, commending the Cave Spring Girls Senior League Softball champions who participated in the Southern Regional Tournament. Mrs. Johnson then directed the County Attorney to prepare the necessary papers recognizing the Cave Spring team. IN RE: REQUEST OF WILLIAM M. ROBERTSON FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A WESTERLY PORTION OF A TEN ACRE TRACT PRESENTLY OWNED BY PAUL K. ROBERTSON (WILL SELL PORTION OF THE TEN ACRE TRACT IF PEID1IT IS GRANTED) AND LOCATED ON THE NORTH SIDE OF STATE ROUTE 311, IMMEDIATELY WEST OF ITS INTERSECTION WITH STATE ROUTE 912 IN THE CATAWBA DISTRICT Chairman Johnson opened the floor for public comments and recognized the applicant, Mr. Robertson, who was present at 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 and the additional condition that Mr. William M. Robertson submits evidence that he has purchased at least one acre of the land on which the mobi.le home is to be placed. The motion was adopted unanimously. IN RE: REQUEST OF BUDDY R. CALDWELL FOR RENEWAL OF A SPECIAL EXCEPTION TO PARK A MOBILE HOME TO BE OCCUPIED BY JAMES L. CALDWELL ON A 6-ACRE TRACT WITH AN EXISTING HOUSE LOCATED ON THE NORTHWEST SIDE OF STATE ROUTE 624 (NEWPORT ROAD), 1.5 MILES SOUTffimST OF ITS INTERSECTION WITH STATE ROUTE 311 IN THE CATA~~A DISTRICT I 8-28-79 2fiO. . . Chairman Johnson opened the floor for public comments. No spokesman for the applicant was present nor was anyone present in opposition. This concluded the public hearing and Supervisor Myers moved that the renewal be approved beginning August 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 DANNY LEON CLARK FOR RENEWAL OF SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 4.3-ACRE TRACT LOCATED ON THE EAST SIDE OF STATE ROUTE 603, 1.2 MILES SOUTH OF U.S. ROUTE 11-460, WEST OF SALEM IN THE COVE HOLLOW SECTION OF THE CATAWBA DISTRICT Chairman Johnson opened the floor for public comments and recognized the applicant, Mrs. Clark, who was present at the hearing. No one appeared in opposition. This concluded the public hearing and Supervisor Myers moved that the renewal be approved beginning August 14, 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 WILLIAM F. PATTERSON FOR RENEWAL OF A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A l5-ACRE TRACT LOCATED ON THE SOUTH SIDE OF STATE ROUTE 699, 0.3 MILE WEST OF ITS INTERSECTION WITH STATE ROUTE 644 IN THE BENT MOUNTAIN SECTION OF THE WINDSOR HILLS DISTRICT Chairman Johnson opened the floor for public comments and recognized the applicant, Mr. Patterson, who was present at the hearing. No one appeared in opposition. This concluded the public hearing and Supervisor Terry moved that the renewal be approved beginning August 23, 1979, subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes, which motion was adopted unanimous ly. IN RE: I I REQUEST OF JERRY L. SHELOR FOR RENEWAL OF A SPECIAL EXCEPTION TO PARK A MOBILE HOME TO BE OCCUPIED BY RAYMOND L. MCDANIEL ON A 1.5-ACRE TRACT WITH AN EXISTING HOUSE LOCATED ON THE NORTH SIDE OF STATE ROUTE 650, 9 MILES WEST OF STATE ROUTE 311 IN THE CATAWBA DISTRICT Chairman Johnson opened the floor for public comments. No spokesman for the applicant was present nor was anyone present in opposition. This concluded the public hearing and Supervisor Myers moved that the renewal be approved beginning August 23, 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 GARLAND D. FRANCISCO FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 0.5-ACRE TRACT LOCATED ON THE WEST SIDE OF A PRIVATE ROADWAY, 0.1 MILE SOUTH OF STATE ROUTE 911 IN THE MASON COVE SECTION OF THE CATAWBA DISTRICT I I I I 8-28-79 251 ~ . ":-;'"" ....,. Chairman Johnson opened the floor for public cow~ents and recognized the applicant, Mr. Francisco, who was present at the hearing. No one appeared in opposition. Mr. Francisco's original special exception had been issued July 13, 1976, for a two-year period, but not subsequently renewed until now. Following previously established policy (see NOTE below), 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: If more than six months have elapsed from the date the permit expires, the permit will then be treated as a new permit should the applicant wish to reapply. Therefore, rather than being given a renewal, Mr. Garland D. Francisco was issued a special exception effective August 28, 1979. IN RE: PETITION OF RALPH D. AND KALA L. JONES FOR REZONING FROM R-3 TO B-2 OF 1.325 ACRES LOCATED ON THE NORTHEAST SIDE OF ROUTE 419, 250 FEET SOUTHWEST OF ITS INTERSECTIO~ WITH GLEN HEATHER DRIVE IN THE WINDSOR HILLS DISTRICT SO THAT A FLORIST SHOP MAY BE OPERATED THEREON Chairman Johnson opened the floor for public comments and recognized G. Marshall Mundy, Attorney, who appeared on behalf of the petitioners. Mr. Mundy stated that he was not aware of any opposition, since there was none at the Planning Commission hearing. Mr. Mundy then advised that the petitioners had agreed to proffer the following conditions to which the requested rezoning would be subject: 1. That the property will not be used for any of the purposes stated in Roanoke 'County Code, Article IX, Section 21-67 (6) and (8). Thus, the property will not be used for the operation of public billiard parlors and pool rooms, bowling alleys, dance halls, golf driving ranges, and animal hospitals or clinics. At the request of Supervisor Terry, County Planner Gubala advised that the Planning Commission recommended approval of the request subject to the proffered condition listed above. Mr. Gubala further advised that his overall comment was favorable due to the fact that there is an adjacent business use. The land as it is could not support intensive residential uses as called for under the current R-3 classification. Chairman Johnson then asked if anyone was present in opposition and recognized Mr. William Brenton, President and representative of the Sugar Loaf Civic League, who advised that the Civic League is opposed to the rezoning request as present- ed. Mr. Brenton further advised that the B-2 zoning reclassifica tion request by the peitioners is too broad in scope-- covering a multitude of businesses. He noted that if the Board granted 8-28-79 252 ',.. ,". ' the B-2 zoning, it would be possible that a new car dealership and used car lot could be operated on the property. Mr. Brenton then asked the Supervisors to consider the following reasons for denying the request as presented: 1. Traffic congestion on Route 419. 2. Safety-Mr. Brenton mentioned the child care center next to the property and expressed concern for the safety of the children. 3. Drainage. Supervisor Myers asked Mr. Brenton if he would object to the rezoning if the petitioners proffered a condition to allow only a florist shop on the site. Mr. Brenton indicated that his constituents would not object if this condition was imposed. Mr. Charles Crow, 2234 Bridle Lane (Glen Heather Addition), also appeared in opposition to the request as presented. Mr. Crow advised that he lives directly across 419 from the property in question. He then stated that if the B-2 rezoning was granted the people could end up with businesses not in character with the surrounding area. Mr. Crow advised that he would not object to B-1 zoning but B-2 for this area would be too liberal. Mrs Johnson then asked the same question of Mr. Crow, if he would object if the petitioners proffered a condition to allow only a florist shop on the site. Mr. Crown said he did not object to a florist shop. Supervisor Terry asked Mr. Mundy why he refused at the Planning Commission hearing to agree to this condition. Mr. Mundy responded that such a condition would be too restrictive for his clients and then mentioned the Planning Commission's favorable recommendation and the condition his clients did agree to proffer. Mrs. Jones was also present at the hearing and stated that she plans to remodel the front of the existing house on the property and that the house would remain in character with the surrounding property. Mrs. Jones expressed concern over the restrictive condition that only a florist shop be allowed, which would hinder her in the future if she should desire to sell the land. Supervisor Myers advised Mrs. Jones that if, at a future date, she wanted to sell the property she could petitioI for rezoning to any classification. Supervisor Terry moved that the Board deny the rezoning since the present R-3 zoning classification is an appropriate use and the fact that the petitioners would not agree to proffer a condition to allow only a florist shop on the site. At this point, Mr. Mundy said he had not been aware of any opposition prior to the hearing and asked the Supervisors to continue the public hearing so his clients could consider amending the petition. I I I I I I 8-28-79 25fj Supervisor Terry then withdrew his motion to deny and moved that the public hearing on the Jones petition be continued to the October 9th meeting of the Board, which motion was adopted unanimously. IN RE: PETITION OF GEORGE L. GROSS, JUDITH S. GROSS, AND GARY L. ROTHROCK FOR REZONING FROM B-1 TO B-2 OF ONE ACRE, MORE OR LESS, LOCATED ON THE SOUTH SIDE OF THE 3500 BLOCK OF BRAMBLETON AVENUE (THE REMAINING PORTIONS OF LOTS 5 AND 6, BLOCK 3, MOUNT VERNON HEIGHTS) IN THE CAVE SPRING DISTRICT SO THAT A BARBER AND BEAUTH SHOP ~AY BE OPERATED IN AN EXISTING BUILDING THEREON Chairman Johnson opened the floor for public comments and recognized Charles H. Osterhoudt, Attorney, who advised that the property would be for the relocation of the "Haircutters." Mr. George Gross was also present. No one appeared in opposition FINAL ORDER NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of County Supervisors of Roanoke County that, pursuant to the provisions of law, the following property be reclassified and rezoned from Business District B-1 to Business District B-2 subject to the specific condition that said B-2 use be limited to the operation of barber and beauty shops and services and offices related thereto and, if such operations shall cease, the property shall revert to Business District B-1: BEGINNING at a point on the southerly side of the new right-of-way line of U.S. Highway No. 221 (Brambleton Avenue) common to the boundary between Lots 4 and 5, Block 3, Mount Vernon Heights; thence with the boundary of Lots 4 and 5, S. 32 deg. 00' E. 190.19 feet to a point common to the;pouridaries of Lots 4 and 5, 18 and 19, Block 3, Mount Vernon Heights; thence S. with the boundaries of Lots 18, 17 and 16, Block 3, Mount Vernon Heights, S. 58 deg. 00' W. 150 feet to a point common to the boundaries of LbtsT5 and. 16 and 6 and 7, Block 3, Mount Vernon Heights; thence with the boundaries of Lots 6 and 7, N. 32 deg. 00' W. 191.06 feet to a point on the new southerly right-of-way line of U. S. Highway No. 221 (Brambleton Avenue); thence with the new southerly right-of-way line of U. S. Highway No. 221 (Brambleton Avenue) on a chord bearing N. 58 deg. 19' 50" E. on the radius of a circle having a radius of 22,958.3116, an arc of 150 feet, a distance of 150 feet to the point and place of BEGINNING and containing the remaining portions of Lots 5 and 6, Block 3, Mount Vernon Heights. BE IT FURTHER RESOLVED AND ORDERED that the Clerk transmit a certified copy of this Final Order to the County Engineer so that the zoning maps of Roanoke County may be amended to reflect this rezoning. 8-28-79 2 !) 4 '4 . . '" PROFFER OF CONDITIONS The Business District B-2 use in the above request for rezoning will be limited to a barber and beauty shop and services and offices related thereto. No other Business District B-2 use may be undertaken without a further petition to and approval by the Board of County Supervisors of Roanoke County, Virginia. In the event said operations shall cease, the property shall revert to Business District B-1. This concluded the public hearing and Supervisor Terry moved that the Board concur with the Planning Commission recommendatior. and approve the rezoning subject to the proffered condition, which motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None IN RE: RAFFLE PERMIT-LA BELLEVUE GARDEN CLUB Supervisor Park moved that the application of La Bellevue Garden Club for a raffle permit be approved for the period beginning August 28, 1979 through December 31, 1979, which motion was adopted unanimously. IN RE: TAP BOARD OF DIRECTORS-APPOINTMENT I Ms. Jayne Thomas, Director of Community Relations and Resource Development for TAP, appeared before the Board regard- ing selection of TAP's Board of Directors. Ms. Thomas then advised that due to new Federal regulations, the Governing Body must elect one of its own members to the TAP Board, the person so elected could appoint a person or persons to represent the elected Board member. The County's representative on the TAP Board of Directors are Elizabeth W. Stokes, Circuit Court Clerk, and E. Cabell Brand (who represents both the County and City of Salem) . Following some discussion, the Supervisors concurred in continuing consideration of this matter until September 11, at which time the item will appear under "Appointments" on the agenda. IN RE: RESOLUTION NO. 2377 CONGRATULATING ELIZABETH W. STOKES, CLERK OF THE CIRCUIT COURT FOR THE COUNTY OF ROANOKE, VIRGINIA, ON HER RECENT ELECTION AS THIRD VICE-PRESIDENT OF THE NATIONAL ASSOCIATION OF COUNTY RECORDERS AND CLERKS AND EXPRESSING THE BOARD'S APPRECIATION FOR THE HONOR BROUGHT TO THE COUNTY OF ROANOKE AS A RESULT OF THE ATTAINMENT OF SUCH HIGH NATIONAL OFFICE BY MRS. STOKES WHEREAS, Elizabeth W. Stokes was elected Clerk of the Circuit Court for Roanoke County, Virginia, for a term commencin~ January 1, 1968, and was re-elected for a term beginning January 1, 1976, during which period of time she has deligently fulfilled the responsibilities and duties of such office with unflagging dedication; and WHEREAS, during the time Mrs. Stokes has served as Clerk of the Circuit Court of Roanoke County she has selflessly I I 8-28-79 .' 255 , " I I I engaged in many and varied activities and organizations designed to better the service to the citizens of Roanoke County by her office; and WHEREAS, in this spirit of placing service to the citizens of Roanoke County ahead of self, Elizabeth W. Stokes became a member of the National Association of County Recorders and Clerks, and has risen by virtue of her tireless work and the esteem of her peers to the position of Third Vice-President of the National Association of County Recorders and Clerks for the year 1979-80. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That Elizabeth W. Stokes, Clerk of the Circuit Court for the County of Roanoke, Virginia, be, and she is hereby, congrat- ulated upon her recent election as Third Vice-President of the National Association of County Recorders and Clerks; and 2. That the Board does hereby express its appreciation to Elizabeth W. Stokes for the high honor brought to the County of Roanoke by her attainment of high national office; and 3. That an attested copy of this resolution be forthwith delivered to Elizabeth W. Stokes, Clerk of the Circuit Court for the County of Roanoke, Virginia. On motion of Supervisor Terry and adopted by the followinf recorded vote: AYES: NAYS: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson None Chairman Johnson then presented Mrs. Stokes the resolution which had been signed by all meffibers of the Board and affixed with the County Seal. Supervisor Myers asked Mrs. Stokes to be present at the six o'clock session on September 11 to discuss the appointment of the County's representatives on the TAP Board of Directors. Mrs. Stokes indicated that she would be present. IN RE: RELEASE OF TITLE TO 1959 DODGE POWER WAGON Supervisor Terry moved that the Board concur with the request of Roanoke County Volunteer Fire Department #3, Cave Spring, for release of title to a 1959 Dodge power wagon (County Vehicle #5912). which motion was adopted unanimously. IN RE: REQUEST OF F. CORDY MAXEY (ROUTE 1, BOX 286,* SALEM) FOR A CONDITIONAL USE PERMIT UNDER ~'( SECTION 21- 6 OF THE ROANOKE COUNTY CODE TO -k OPERATE' A LANDFILL ON PROPERTY LOCATED ON 'k APPROVED :THE WEST~SIDE OF- ROUTE:643:~ 0..4 M.lLE NOR'TH ,,, OF INTERSTATE 81 ACROSS FROM HIS RES IDENCE 'k IN THE CATAWBA DIS~RICT * Mrs. Johnson raised a question on how this request should be handled and was advised by the County Executive that the 8-28-79 256' . Zoning Ordinance is not specific--the Board has the option to immediately grant the request, refer it to the County Planning Commission for recommendation or schedule it for public hearing after due advertisement. At the request of Supervisor Myers, County Planner Gubala advised that the County was made aware of Mr. Maxey's request by a citizen complaint. Mr. Gubala stated that when contacted by the County's Zoning Inspector, Mr. Maxey was very cooperative and willing to comply with County regulations. Supervisor Myers moved that the request of Mr. Maxey for a conditional use permit be granted subject to the terms and provisions included in his letter requesting such permit, which limits the landfill to stumps and rocks to be covered with 2 to 3 feet of dirt and particularly prohibiting the placing of any garbage or other refuse in the fill, which motion was adopted unanimously. IN RE: PRESENTATION OF MASTER PLAN STUDIES BY VVKR PARTNERSHIP FOR COUNTY PROPERTIES IN THE PETERS CREEK ROAD AREA County Executive Clark introduced representatives from VVKR Partnership and advised that The VVKR Partnership has submitted a report dated August 22, 1979, which includes master plans for properties in the Peters Creek Road area which recentl, have been acquired by the County for governmental purposes. A slide presentation along with a detailed explanation was made by the architects along with a brief question and answer period. Supervisor Compton, Chairman of the Building Study CommitteE, stated that he was satisfied with the report and asked the County Executive to report back at the next regular meeting his recommendations on how Phase I construction may be financed. A full copy of the report is filed with the minutes of this meeting. IN RE: DEPARTMENT OF PARKS AND RECREATION REORGANIZATION County Executive Clark announced publicly that he concurred in the request of the Director of Parks and Recreation for reorganization of the Department by promoting Gary Huff 3lC ($13,344.00) to 34C ($15,044.00) and Maureen Herbert 22B ($8,448.00) to 27A ($9,818.00) thereby eliminating one position from the Department at a budget savings of $12,362.00 for personnel salaries. A full copy of the report is filed with the minutes of this meeting. Supervisor Myers moved that the Board concur with the recommendation of the County Executive in making the above changes, 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 I 8-28-79 2.57' IN RE: RESOLUTION NO. 2378 APPROPRIATING THE SUM OF $31,200 FROM THE UNAPPROPRIATED BALANCE WITHIN THE WATER BOND CONSTRUCTION FUND, ACCOUNT NO. 647000 -607L FOR INTERCONNECTION OF LONGRIDGE AND HOMEWOOD SYSTEMS DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Class: Fund: Department: Object: Expenditures Water Bond Construction Water Bond Construction Inter-connect Improvements Unappropriated Balance 647000-607L 647000-999 $31,200 (31,200) SuperviSal The foregoing resolution was adopted on motion of Compton and the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None IN RE: HOMEWOOD SERVICE AREA-BOITNOTT EXTENSION In regard to the request of Mr. Wayne Boitnott to the Public Service Authority for water service to his impending development in the Homewood section of south-west Roanoke County, off Rose1awn Road, the Supervisors had before them a report submitted by the County's Utility Director advising that the Authority Board recommends that Mr. Boitnott be offered either of two alternate proposals related to water main extension to serve his development. A full copy of the report setting ~orth both alternates is filed with the minutes of this meeting. Following considerable discussion, Supervisor Compton moved that the, County Executive correspond with Mr. Boitnott and request his decision within ten days in regard to selecting one of these alternates in order that the County may know its commitments and make appropriate plans, which motion was adopted unanimously. IN RE: RESOLUTION NO. 2379-REQUEST OF PUBLIC SERVICE AUTHORITY FOR APPROPRIATION OF FUNDS AS COUNTY'S SHARE IN INSTALLATION OF BULK WATER METERS DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Class: Expenditures Fund: Water Operating Department:Water Operating Object: Capital Contingent Balance 690000-484 690000-999a $56,588 (56,588) of Supervisor The foregoing resolution was adopted on motion Campton and the following recorded vote: AYES: Mr. Compton, Mr. }~ers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None f--- 8-28-79 '258 IN RE: RESOLUTION NO. 2380 APPROPRIATING THE SUM OF $33,000 FROM THE UNAPPROPRIATED BALANCE WITHIN THE WATER BOND FUND, ACCOUNT NO. 647000-607B, FOR COMPLETION OF SOUTHWOODS WELL NO.2 DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) I Class: Expenditures Fund: Water Bond Department:Water Bond Object:Exploratory and Well Development Unappropriated Balance 647000-607B 647000-999 $33,000 (33,000) of The foregoing resolution was adopted on motion Supervisor Park and the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None IN RE: WATER AND SEWER STUDY PROPOSALS Supervisor Myers suggested that the Board defer forming a joint committee with the PSA Board to study water and sewer study proposals from William C. Overman Associates, which was recommended by the Authority Board in a report to the Supervisor , which report is filed with the minutes of this meeting. Supervisor Compton, also a member of the Authority Board, said he will personally recommend to move forward with the study because he feels it is important to the overall growth of the PSA. Supervisor Myers stated that the felt the study should not be made until dissolution of the Public Service Authority which is scheduled for sometime this December and if the study is needed after such dissolution, then it should be considered. Supervisor Park said the Authority Board wanted to meet with the Supervisors to give them information that the Supervisors, at the present time, do not have. Mr. Myers said he still thought it a premature study at the present time, which will cost the County approximately $33,000. In response to a question raised by Chairman Johnson, the County's Utility Director indicated his concurrence with the study, stating that the proposed study is basically concerned with the physical system not the organizational aspect. In an attempt to clarify the purpose of the Authority Board's recommendation that a joint committee be formed, County Attorney Buchholtz advised that the committee would make a determination of whether or not a study is actual- ly needed--not to approve the study, just to look into it. This concluded the discussion at this time, and the matter I I was taken under advisement. IN RE: ADULT MAGAZINES Supervisor Compton mentioned adult magazines being prominently displayed in convenience stores and ~hen directed I I I 8-28-79 259 the County Attorney to inform and discuss this matter with the Commonwealth's Attorney. IN RE: RESOLUTION NO. 2381 STATING THE NECESSITY FOR AND URGING THE COMMITTEE ON DISTRICT COURTS TO CERTIFY SUFFICIENT VACANCIES ON THE BENCH OF THE 23RD JUDICIAL DISTRICT TO CONTINUE FIVE (5) JUDGES WITHIN THE DISTRICT BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That in order to insure a speedy trial within an appropriate judicial atmosphere, and because of the inordinate distances the judges of the 23rd Judicial District are required to travel in order to hold the several separate sessions of the Court to serve the City of Roanoke, the City of Salem, the County of Roanoke and the Town of Vinton, it is necessary and vital to the proper execution of the judicial function within the 23rd Judicial District that five (5) judges be continued in the District; and 2. That the Committee on District Courts is hereby most urgently urged to certify sufficient vacancies on the bench of the 23rd Judicial District to continue five (5) judges within the District; and 3. That an attested copy of this resolution be forthwith forwarded to the Committee on District Courts. 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 APPOINTMENT-COURT SERVICE UNIT ADVISORY COUNCIL Supervisor Park moved that Mr. Joseph R. Bateman, Jr. be appointed to serve as one of two representatives of the Vinton Magisterial District on the Roanoke County Court Service Unit Advisory Council for a term covering the period August 28, 1979 through March 22, 1981, which motion was adopted unanimously. IN RE: RESOLUTION NO. 2382 EXPRESSING THE INTENT OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA TO ALLEVIATE THOSE CONDITIONS OF THE COURTHOUSE OF THE COUNTY OF ROANOKE WHICH RENDER IT INSECURE OR OUT OF REPAIR OR OTHERWISE INSUFFICIENT WHEREAS, pursuant to a report of a certain citizens' committee appointed pursuant to Section 15.1-267 of the Code of Virginia of 1950, as amended, it was determined that the Courthouse of the County of Roanoke is insecure or out of repair or otherwise insufficient. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That the Board does hereby expressly declare its intent to, with all deliberate speed, alleviate those conditions 8-28-79 . existing in the Courthouse of the County of Roanoke which render it insecure or out of repair or otherwise insufficient; and 2. That attested copies of this resolution be forthwith forwarded to each member of the judiciary serving in the 23rd Judicial Circuit. Supervisor Park moved for adoption of the prepared resolution and further moved that the County Executive be authorized to immediately begin development of a project on Courthouse improvements in order that architects may be requested to submit proposals for detailed plans and specifica- tions for such renovation and construction. I AYES: NAYS: IN RE: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnsoy None ORDINANCE NO. 2383 AMENDING CODE OF THE COUNTY OF ROANOKE, VIRGINIA, AS AMENDED, BY ADDING A NEW SECTION TO CHAPTER 20.1 WATER TO BE DESIGNATED AND NUMBERED SECTION 27.2 LIEN FOR WATER CHARGES AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE WHEREAS Ordinance No. 2357 has heretofore been adopted as an emergency measure and now is to be adopted as a regular measure as made and provided by law; THEREFORE, BE IT ORDAINED by the Board of County Supervisol3 of Roanoke County, Virginia, as follows: 1. That the Code of the County of Roanoke, as amended, be, and it is hereby, amended by adding a new section to Chapter 20.1 Water to be designated and numbered Section 27.2 Lien for Water Charges to read and provide as follows: Section 27.2 Lien for Water Charges. Charges hereafter made, imposed, or incurred for water or use thereof in the County of Roanoke, Virginia, shall be a lien on the real estate served by a County of Roanoke water line. 2. That this ordinance shall be and remain in full force and effect from and after July 10, 1979. County Attorney Buchholtz explained that: on July 10, the Supervisors adopted an emergency ordinance and now in accord- ance with. law must readopt the prepared ordinance before them, which has been duly advertised. The foregoing ordinance was adopted on motion of Superviso Park and the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnso NAYS: None IN RE: ADJOURNMENT This concluded the business before the Board at this time, and on motion of Supervisor Terry and a unanimous voice vote, the meeting was adjourned at 9:40 p.m. I I CHAIRMAN