12/16/1986 - Regular
.1227
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Roanoke County Board of Supervisors
Roanoke County Administration Cente
3738 Brambleton Avenue, SW
Roanoke, virginia 24015
December 16, 1986
The Roanoke County Board of Supervisors of Roanoke
County, Virginia, met this day at the Roanoke County
Administration Center, this being the third Tuesday, and the
first regularly scheduled meeting of the month of December, 1986
IN RE:
CALL TO ORDER
Chairman Brittle called the meeting to order at 2:00
p.m. The roll call was taken.
MEMBERS PRESENT:
Chairman Alan H. Brittle; Vice-Chairman Bol
Johnson; Supervisors Steven A. McGraw,
Harry C. Nickens, and Lee Garrett
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul
M. Mahoney, County Attorney; John R.
Hubbard, Assistant County Administrator of
Public Facilities; John M. Chambliss,
Assistant County Administrator of
Management Services; Timothy W. Gubala,
Assistant County Administrator of Communit'
Development; Dianne Hyatt, Director of
Fiscal Management; Reta Busher, Director 0
Budget; D. Keith Cook, Director of Human
Resources; Phil Henry, Director of
Engineering; Darrell Shell, Director of
Parks and Recreation; Roy Nester, Director
of Buildings and Grounds; Gary Huff,
Buildings and Grounds; John Peters, Road
Coordinator; Bobbie Lukacs, Deputy Clerk;
and Mary H. Allen, County Administrator's
Office
IN RE:
WORK SESSION - PARK MASTER PLAN
The Board met with the Parks and Recreation Commission
to discuss the master plan. Mr. Hugh Key presented the Board
with a portion of the minutes of the Recreation Commission which
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December 16, 1986
jescribes the procedures the Recreation Commission would like to
~ollow on the development of Roanoke County parks.
The Board concurred that the expenditures previously
allocated when the bond was approved should be followed very
closely and should not be changed.
Mr. Wayland Winstead, 5353 Cherokee Hills Drive, Salem,
virginia, 24153, and Mr. David Simmons, 1009 Williams Drive,
Salem, Virginia, 24153, were present to request that the Board
jirect that the bond monies for the parks are used as originally
3.11ocated.
N RE:
WORK SESSION - PRESENTATION ON THE REGIONAL AIRPORT
Chairman Brittle announced that this work session would
not be held this date.
~N RE:
RECESS
Chairman Brittle declared a recess at the completion of
he work session at 2:30 p.m.
N RE:
CALL TO ORDER
Chairman Brittle called the meeting back to order at
,:01 p.m.
N RE:
OPENING CEREMONIES
The invocation was given by the Reverend Clarence Tyree
..,r
þf Staunton Avenue Church of God. The Pledge of Allegiance was
ecited by all present.
N RE:
REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF
AGENDA ITEMS
December 16, 1986
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Chairman Brittle recognized Mr. David Simmons. Mr.
Simmons was present representing the Glenvar area and presented
each of the Board members with T-shirts, baseball caps, and
newsletters.
Mr. Hodge requested that Item D2 (Presentation of
artwork to Roanoke College and Hollins College) be held until
4:00 p.m.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
Chairman Brittle presented a plaque expressing the
appreciation of the Board of Supervisors to Mr. Bill Cundiff for
his hard work and efforts on the Blue Ribbon Commission. The
other commission members were unable to attend to accept their
plaques.
Chairman Brittle also presented a resolution of
appreciation to Bobbie Lukacs for her service as Deputy Clerk.
Supervisor McGraw moved to approve the prepared
resolution. The motion was seconded by Supervisor Brittle.
RESOLUTION 12-16-86-239 OF APPRECIATION
TO BOBBIE H. LUKACS FOR HER SERVICE TO
ROANOKE COUNTY AS DEPUTY CLERK TO THE
BOARD OF SUPERVISORS
WHEREAS, the Board of Supervisors does hereby express
its deepest and most sincere appreciation to Bobbie Hall Lukacs
for her excellence in the performance of the many
responsibilities and duties during her tenure as Deputy Clerk of
Roanoke County from August 1984 to December 1986; and
WHEREAS, Mrs Lukacs has served with distinction during
this period of time, and has assisted three different Chairmen 0
the Board of Supervisors, and three different County
Administrators; and
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December 16, 1986
WHEREAS, she has instituted a variety of activities to
improve and streamline County minutes, records and indexing
procedures; and
NOW, THEREFORE, the Roanoke County Board of
Supervisors, on behalf of the citizens of Roanoke County
expresses its deepest appreciation to Bobbie Hall Lukacs for her
outstanding contributions to Roanoke County.
AND FURTHER, the Board of Supervisors does extend to
~rs. Lukacs their best wishes in her future endeavors, and thanks
her for her excellent performance and patience.
pn motion of Supervisor Brittle, seconded by Supervisor Nickens
and upon the following recorded vote:
~YES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittle
~AYS: None
IN RE: NEW BUSINESS
1. Request from the Transportation Museum for Support
for State Fundinq - Mr. Bev Fitzpatrick was present to request
~hat the Board support the museum's request to the State for
funding in the amount of $350,000.
Supervisor Garrett directed that the prepared
resolution be changed to reflect the sum of $350,000. Mr. Hodge
~equested that the prepared resolution also reflect that $250,000
þf this amount will be used for flood relief and $100,000 will be
ßllocated for operating expenditures.
Supervisor Nickens moved to approve the prepared
resolution with the noted changes. The motion was seconded by
ßupervisor Brittle.
RESOLUTION 12-16-86-240
SUPPORTING FUNDING FOR FLOOD
RELIEF AND OPERATING EXPENDITURES
FOR THE VIRGINIA MUSEUM OF
TRANSPORTATION
WHEREAS, the Virginia Museum of Transportation is a
privately owned regional museum; and
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December 16, 1986
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WHEREAS, this museum receives no funding from local
governments; and
WHEREAS, the museum was severely damaged during the
flood of 1985; and
WHEREAS, the Virginia Museum of Transportation has
applied to the state for funding in the amount of $350,000 of
which $250,000 will be used for flood relief and $100,000 will bE
used for operating expenses for the next fiscal year.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County, Virginia, that it supports the
request of funding by the Virginia Museum of Transportation and
that this matter be placed in the legislative packet for the
upcoming General Assembly.
On motion of Supervisor Nickens to approve with the noted
corrections, seconded by Supervisor Brittle, and upon the
following recorded vote:
AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and BrittlE
NAYS: None
2. Presentation of Audit for Fiscal Year Ended June
30, 1986 - Mr. John Chambliss presented the audit report and als(
noted that the County has received the award for financial
reporting. The Board concurred to receive and file this report.
3. Request for State Grant to Locate the Automated
Fingerprint Identification System in Roanoke County - Supervisor
Nickens requested that all areas in Southwest County be invited
to join in this system.
Supervisor Brittle moved for staff to proceed with as
practical application as possible. The motion was seconded by
Supervisor Johnson and carried by a unanimous roll call vote.
4. Resolution Supporting a Tipping Fee Increase to
Fund Future Land Acquisition for the Regional Landfill - Mr. Johr
Chambliss reported that a .50 increase has been recommended in
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December 16, 1986
~he tipping fee to allow for funding of future land acquisition
for the regional landfill.
Supervisor McGraw reported that Roanoke City took
similar action at their last Council meeting.
Supervisor Nickens inquired about the tonage on an
annual basis. Mr. Hubbard reported that he has the information
at his office and would call Dr. Nickens to report the figures to
him.
Supervisor Nickens called for questions on the motion.
RESOLUTION 12-16-86-243 SUGGESTING AN
INCREASE IN THE TIPPING FEES AT THE
ROANOKE VALLEY REGIONAL LANDFILL
WHEREAS, the Roanoke Valley Regional Solid Waste
~anagement Board establishes the tipping fees for refuse
deposited at the regional landfill; and
WHEREAS, the expected life of the current facility is
3.pproximately six years;
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County, Virginia, recommends to the
Roanoke Valley Regional Solid Waste Management Board that they
~onsider an increase in said tipping fees for the purpose of
3.ccruing money for the acquisition of land and related start-up
þosts; and
BE IT FURTHER RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, suggests that the increase be Fifty
pents per ton and that an appropriate ceiling be placed on this
~evenue base to appropriately reflect the anticipated cost of
~and and facilities; and
BE IT STILL FURTHER RESOLVED that attested copies of
~his Resolution be forwarded to the Roanoke Valley Regional Solid
Naste Management Board, to Roanoke City Council, and to vinton
Inown Council.
)n motion of Supervisor McGraw, seconded by Supervisor Garrett,
~nd upon the following recorded vote:
December 16, 1986
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AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittl
NAYS: None
5. Approval of Resolution to Perform utility Work in
of Hi
ht of Wa
- Supervisor McGraw moved to approve the prepared resolution.
The motion was seconded by Supervisor Brittle.
RESOLUTION 12-16-86-244 CONCERNING
COMPLIANCE TO PERMIT REQUIREMENTS
ISSUED BY THE VIRGINIA DEPARTMENT
OF HIGHWAYS AND TRANSPORTATION
WHEREAS, it becomes necessary from time to time for th
County of Roanoke to obtain permits from the Virginia Department
of Highways and Transportation to install, construct,
reconstruct, maintain, and operate certain public works and
public utilities projects along, across, over and upon the
highway system of Virginia; and
WHEREAS, expense, damage or injury may be sustained by
the Commonwealth of Virginia growing out of the granting to the
County of Roanoke by the Virginia Department of Highways said
permits for the work aforesaid;
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of the County of Roanoke, Virginia:
Section 1: That per the provisions of Section 1.064 0
the Land Use Permit Manual of the Virginia Department of Highway
and Transportation the County of Roanoke does hereby grant
assurance to the Virginia Department of Highways and
Transportation that it shall in all respects comply with all of
the conditions of the permit or permits that have been, or will
be, granted to the County of Roanoke and that the County of
Roanoke does hereby certify that it shall carry liability
insurance for personal injury and property damage that may arise
from the work performed under permit and/or from the operation 0
the permitted activity as follows: up to one million dollars
($1,000,000> each occurrence to protect the agents and employees
of the Virginia Department of Highways and Transportation and
'234
December 16, 1986
members of the Highways and Transportation Commission; up to
twenty-five thousand dollars ($25,OOO) each occurrence to protect
the Virginia Department of Highways and Transportation, the
Highways and Transportation Commission, and the Commonwealth.
Section 2: That the County of Roanoke shall furnish to
the Virginia Department of Highways and Transportation a
performance bond, guarantee fee or irrevocable letter of credit
in a minimum amount of ten thousand dollars ($lO,OOO) to cover
the performance of the permitted work.
Section 3: That the County Administrator, or his
designee, be, and the same hereby is, authorized to execute on
behalf of the County of Roanoke all Land Use Permits and related
documents of the Virginia Department of Highways and
Transportation.
Section 4: That this resolution shall be a continuing
resolution and shall not be revoked by the Board unless and until
sixty (60) days written notice of any proposed revocation be
submitted by the Board to the Virginia Department of Highways and
Transportation.
Adopted on motion of Supervisor McGraw, seconded by Supervisor
Brittle, and upon the following recorded vote:
AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittle
NAYS: None
RESOLUTION 12-16-86-245 AUTHORIZING
THE COUNTY OF ROANOKE TO OBTAIN A
IRREVOCABLE LETTER OF CREDIT TO
SATISFY THE PERFORMANCE BONDING
REQUIREMENTS OF THE VIRGINIA
DEPARTMENT OF TRANSPORTATION
WHEREAS, the County of Roanoke desires to issue to the
Virginia Department of Transportation a resolution concerning
insurance requirements and performance bond requirements in lieu
of a performance bond from a surety company; and
WHEREAS, the Virginia Department of Transportation
requires an irrevocable letter of credit to cover the performance
of the permit work.
December 16, 1986
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NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County authorize the County Administrator
and the Treasurer of Roanoke County to execute the necessary
documents on form approved by the County Attorney to obtain said
irrevocable letter of credit. This letter of credit is extended
for a twelve month period with an annual renewal provision.
On motion of Supervisor McGraw, seconded by Supervisor Brittle,
and upon the following recorded vote:
AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and BrittlE
NAYS: None
6. Approval of Increased Petty Cash Accounts for the
County - Mr. John Chambliss reported that an increase is needed
in the petty cash accounts to cover traveling expenses.
Supervisor Johnson inquired about the number of petty cash
accounts and the largest amount in the County. Mr. Chambliss
reported that there are approximately four petty cash accounts
with the largest maintained in the department of Fiscal
Management.
Supervisor McGraw moved to approve the petty cash
account for Youth Haven II. The motion was seconded by
Supervisor Brittle.
Supervisor Johnson requested that the motion be amende(
to include the increase in the other County petty cash accounts.
Supervisor McGraw withdrew his earlier motion and move<
that the staff recommendation to establish a petty cash account
for Youth Haven II and to increase the travel fund of the petty
cash account for the Department of Finance. The motion was
seconded by Supervisor Johnson and carried by a unanimous roll
call vote.
7. Request for Transfer of Funds to Planning
Commission Travel Account - Mr. Gubala reported to the Board tha
the Planning Commission Travel Account has recently been charged
for the expenses that the Board of Supervisors and the Departmen
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December 16, 1986
Df Development incurred on a trip to Bucks County, Pennsylvania.
Be requested that the Planning Commission account be reimbursed
as this was a trip for the Board of Supervisors.
Supervisor Nickens moved to concur with staff
recommendation. The motion was seconded by Supervisor Garrett
~nd carried by a unanimous roll call vote.
8. Request for Industrial Access Funds for Southwest
ndustrial Park - Supervisor Johnson moved to approve the
prepared resolution. The motion was seconded by Supervisor
~cGraw.
RESOLUTION 12-16-86-248 REQUESTING
INDUSTRIAL ACCESS IMPROVEMENTS AT THE
SOUTHWEST INDUSTRIAL PARK
WHEREAS, Roanoke County has acquired a 15 acre tract of
~ndeveloped land situated in Southwest County, on which site are
located Corrugated Container Corporation and Commonwealth Tools
Specialty, and on which site Green and Associates and Dunmar
~oving Systems will locate; and
WHEREAS, the nature of the business operations of these
irms now involve and will involve the use of truck service and
~ustomer trips, all of which are anticipated to result in 500-600
~ehicle trips per workday; and
WHEREAS, Section 33.1-221 of the Code of Virginia
provides a fund to ". . . be expended by the Commission for
:onstructing, reconstructing, maintaining or improving access
oads within counties, cities, and towns to industrial sites on
I\7hich manufacturing, processing or other establishments will be
buil t under firm contract or are already constructed."; and
WHEREAS, Corrugated Container Corporation has assured
~he County that should it be necessary to adjust the utilities
For its operations, such adjustment shall be borne entirely at
~he expense of Corrugated Container Corporation. In addition,
Roanoke County guarantees fee simple right-of-way and drainage
asements necessary for continual maintenance of said road.
December 16, 1986
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NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County that having duly considered the
matter, respectfully urges and recommends to the Highway
Commission of Virginia that consideration be given, that
immediate study be made and that a project be approved and
initiated pursuant to the provisions of Section 33.1-221 of the
Code of Virginia of 1950, as amended, to provide industrial
access from Route 1723, 0.25 miles north to deadend.
On motion of Supervisor Johnson, seconded by Supervisor McGraw,
and upon the following recorded vote:
AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittl
NAYS: None
9. Selection of Financial Advisor - John Chambliss,
Assistant County Administrator of Management Services, reported
to the Board that after reviewing bids, staff recommends the
selection of Wheat First Securities as Financial Advisor.
Supervisor Johnson inquired about the other two bids. Mr.
Chambliss responded that Scott & Stringfellow and Craigie,
Incorporated had also submitted bids. Supervisor Johnson also
inquired if Wheat First Securities submitted the lowest bid. Mr
Chambliss reported that fees will be negotiated at a later date,
he selected Wheat First by going through the RFPprocess.
Supervisor Nickens moved that action on this matter be
taken after Executive Session.
Chairman Brittle announced that Items E9, EIO, and Ell
will be held until after the Executive Session.
Supervisor Nickens withdrew his motion.
10. Selection of the Independent Auditor - To be
discussed after Executive Session.
11. Selection of Bond Counsel - To be discussed after
Executive Session.
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>~ December 16, 1986
12. Presentation of the Quarterly Report from the
~ealth Department - Ms. Debbie Samms of the Health Department
þresented their quarterly report to the Board of Supervisors.
~N RE:
PRESENTATIONS TO HOLLINS COLLEGE AND ROANOKE COLLEGE
Dr. Norman Fintell, President of Roanoke College, was
)resent to accept a portrait of Dr. David Bittle, a past
)resident of Roanoke College. The portrait was presented by the
30ard of Supervisors.
Dr. Paula Brownlee, President of Hollins College, was
Iso present to accept an aerial picture of the Hollins College
)roperty donated by the Board of Supervisors.
N RE:
MISCELLANEOUS
Mr. Hodge requested permission to hold a training
ession with his key staff on January 22 and 23, 1986. He also
equested that this training session be followed by a training
~ession with the Board of Supervisors. The Board concurred with
4r. Hodge's request and directed that staff notify them of the
ime and place for the retreat.
Chairman Brittle announced that the Organizational
4eeting will be held on January 5, 1986, at 10:00 a.m.
N RE:
APPOINTMENTS
Supervisor Nickens nominated Mr. C. L. Whitehurst, Jr.,
or another term on the Human Services Committee.
Supervisor Nickens also nominated Mr. Charles Saul for
nother term on the Regional Partnership Site Advisory Committee.
N RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
December 16, 1986
. 239
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Supervisor Nickens - Supervisor Nickens directed Mr.
Hodge to report to the Board in January on procedures to deal
with automobiles located in the County without County decals.
Mr. Hodge reported to Supervisor Nickens that Paul Mahoney and
Mr. Compton have been meeting and that a report will be ready in
January.
Supervisor McGraw - Supervisor McGraw invited all Boar
members to attend the Kiwanis meeting on February 4, 1986, where
Mr. Anthony Dowd will speak on the success of regional airports.
Supervisor McGraw also reported on the financial
benefits of a regional library system and directed staff to
forward a copy of the figures he had received to Roanoke City an
Salem.
IN RE:
CONSENT AGENDA
Supervisor Johnson moved to approve the Consent Agenda
The motion was seconded by Supervisor Brittle.
RESOLUTION 12-16-86-253 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET FORTH
ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM J -
CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That that certain section of the agenda of the
Board of Supervisors for December 16, 1986, designated as Item J
- Consent Agenda be, and hereby is, approved and concurred in as
to each item separately set forth in said section designated
Items 1 through 11, inclusive, as follows:
1. Minutes of Meeting - November 25, 1986, December
8, 1986
2. Acceptance of Water and Sewer Facilities in
Hunting Hills Place, Section 1 and 2.
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December 16, 1986
3. Confirmation of Committee Appointments to the
Human Services Committee, the Mental Health
Services of the Roanoke valley Community Services
Board, the Planning Commission, and the Library
Board.
4. Approval to modify the Six Year Plan concerning
the reconstruction of Route 867 (Ogden Road)
5. Approval of resolution requesting the acceptance
of Route 603 extension into the Secondary Highway
System.
6. Approval to modify the Six Year Plan concerning
Route 904 (Starkey Road)
7. Acceptance of sewer facilities serving
Commonwealth Tool Speciality.
8. Ratification of the establishment of rules for the
use of the public access channel by the Roanoke
Valley Cablevision Commission.
9. Letter from Noel C. Taylor, Mayor of the City of
Roanoke concerning the valley-wide library system.
10. Appropriation to increase the budget for the Board
of Equalization.
2. That the Clerk to the Board is hereby authorized
3.nd directed where required by law to set forth upon any of said
'terns the separate vote tabulation for any such item pursuant to
I...his resolution.
)n motion of Supervisor Johnson, seconded by Supervisor Brittle
and upon the following recorded vote:
~YES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittle
NAYS: None
RESOLUTION 12-16-86-253.C EXPANDING
THE OGDEN ROAD PROJECT
WHEREAS, the Roanoke County Board of Supervisors has
previously prioritized Ogden Road for improvement from Route 419
1...0 the Roanoke City limits; and
WHEREAS, the Virginia Department of Transportation has
determined that expanding the scope of the original project is in
¡I...he best interest of the public.
NOW, THEREFORE, BE IT RESOLVED that the Roanoke County
Board of Supervisors hereby expands the scope of the Ogden Road
December 16, 1986
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project from Route 419 to .08 miles north of the Roanoke City
limits.
On motion of Supervisor Johnson, seconded by Supervisor Brittle,
and upon the following recorded vote:
AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittl
NAYS: None
RESOLUTION 12-16-86-253.D REQUESTING
ACCEPTANCE OF ROUTE 603 EXTENSION INTO
THE VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That this matter came this day to be heard upon th
proceedings herein, and upon the application for Route 603
Extension to be accepted and made a part of the Secondary System
of State Highways under §33.1-229 of the Code of Virginia.
2. That it appears to the Board that a drainage
easement and fifty (50) foot right-of-way for said road have
heretofore been dedicated by virtue of a certain deed of record
in the Clerk's Office of the Circuit Court of Roanoke County,
Virginia, and that by reason of the recordation of said deed no
report from a Board of Viewers, nor consent or donation of
right-of-way from the abutting property owners is necessary. Th
Board hereby guarantees said right-of-way and right for drainage.
3. That said road known as Route 603 Extension and
shown on a certain sketch accompanying this Resolution, be, and
the same is hereby established as a public road to become a part
of the State Secondary System of Highways in Roanoke County, onl
from and after notification of official acceptance of said stree
or highway by the Virginia Department of Highways and
Transportation.
On motion of Supervisor Johnson, seconded by Supervisor Brittle,
and upon the following recorded vote:
AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittl
NAYS: None
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December 16, 1986
RESOLUTION 12-16-86-253.E EXPANDING
THE STARKEY ROAD PROJECT
WHEREAS, the Roanoke County Board of Supervisors has
~reviously prioritized Starkey Road for improvement from Route
~19 to Hunting Hills Drive; and
WHEREAS, the Virginia Department of Transportation has
etermined that expanding the scope of the original project is in
he best interest of the public.
NOW, THEREFORE, BE IT RESOLVED that the Roanoke County
)oard of Supervisors hereby expands the scope of the Starkey Road
>roject from Route 419 to Route 633, in addition, this project
~ill also include improvements to Penn Forest Boulevard from
,tarkey Road to Chaparral Drive.
)n motion of Supervisor Johnson, seconded by Supervisor Brittle,
ind upon the following recorded vote:
\YES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittle
~A YS : None
RESOLUTION 12-16-86-253.G AUTHORIZING COX
CABLE ROANOKE, INC. TO UTILIZE THE PUBLIC
ACCESS CABLE TELEVISION CHANNEL, UPON
CERTAIN TERMS AND CONDITIONS
WHEREAS, Ordinance No. 1178 adopted January 28, 1975,
etween Cox Cable Roanoke, Inc., assignee of Roanoke Valley Cable-
ision, Inc., requires the provision of a Public Access Channel
o be made available for educational, non-commercial, and non-
iscriminatory use by the public on a first-come, first-served
~sis ("Public Access Channel"); and
WHEREAS, Section 611 of the Cable Communications Policy
ct of 1984 ("Act") provides that a franchising authority may
>rescribe rules and procedures under which the cable operator is
>ermitted to use channel capacity designated for public access
or the provision of other services if the Public Access Channel
'apacity is not being used for its designated purposes; and
WHEREAS, Cox Cable Roanoke, Inc. has represented that
n the eleven years that the cable system has been in operation
December 16, 1986
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there has never been a request for use of the Public Access
Channel (Channel II); and
WHEREAS, Cox Cable Roanoke, Inc. has requested that
when the Public Access Channel is not in use Cox Cable Roanoke,
Inc. be permitted to use said channel (Channel ll) for transmis-
sion of Home Shopping Services beginning January I, 1987, in
accordance with the Act; and
WHEREAS, the Regional Cable Television Committee has
recommended that Cox Cable Roanoke, Inc. be permitted to use the
Public Access Channel (Channel ll) for commercial use commencing
January I, 1987, subject to its continued availability for public
access purposes in accordance with specified rules and proce-
dures.
THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Roanoke County that the following regulations shall be effec-
tive with regard to use of the Public Access Channel:
1. Commencing as of January I, 1987, Cox Cable
Roanoke, Inc. shall be permitted to use the Public Access Channel
(Channel 11) for provision of Home Shopping Services provided
that there is no other non-designated cable basic service channe
available for such programming and that there is no outstanding
unaddressed request for public access broadcasting use of Channe
11; and
2. The use of the Public Access Channel by Cox Cable
Roanoke, Inc. for Home Shopping Services in accordance with Para
graph 1 above shall cease for any time period that Public Access
Channel capacity is appropriately requested for public access
purposes and shall permanently cease when a non-designated cable
basic service channel is available for commercial use.
On motion of Supervisor Johnson, seconded by Supervisor Brittle
and upon the following recorded vote:
AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and BrittlE
NAYS: None
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December 16, 1986
N RE:
EXECUTIVE SESSION
Chairman Brittle moved to go into Executive Session
~ursuant to the Code of Virginia 2.1-344 (a) (2) and (6). The
~otion was seconded by Supervisor Johnson and carried by a
nanimous voice vote.
N RE:
OPEN SESSION
Supervisor McGraw moved to return to Open Session. The
~otion was seconded by Supervisor Garrett.
N RE:
RECESS
Chairman Brittle declared a dinner recess at 5:30 p.m.
N RE:
CALL TO ORDER
Chairman Brittle called the meeting back to order at
: 03 p.m.
Chairman Brittle directed that Items E9, EIO, and Ell
~ill be discussed at this time.
Selection of Financial Advisor - Supervisor Johnson
oved to approve the staff recommendation of Wheat First
ecurities. The motion was seconded by Supervisor Nickens and
arried by a unanimous roll call vote.
Selection of the Independent Auditor - Mr. Chambliss
eported that staff recommends the selection of Peat, Marwick,
itchell and Company as the independent auditor. Supervisor
ickens moved to approve staff recommendation. The motion was
econded by Supervisor Garrett and carried by a unanimous roll
all vote.
~
December 16, 1986
'\ '.~
~'\..
, 245
.'-.---~~
~-------~
.----.
Selection of Bond Counsel - Mr. Mahoney recommended to
the Board that the firm of McGuire, Woods & Battle be selected t
serve as bond counsel. Supervisor Garrett moved to approve the
staff recommendation. The motion was seconded by Supervisor
Johnson and carried by a unanimous roll call vote.
IN RE:
FIRST READING OF ORDINANCES
The Deputy Clerk read the following first readings int
the record:
I. Ordinance authorizing the grant of a property
interest in exchange for the release of a
reversionary interest with Mason Cove Civic Club,
Inc.
Mr. Mahoney reported that this matter concerns the
expansion of the Masons Cove Fire Station. He suggested that th
end of paragraph 2:
..
. or in an appropriate facility in thi
Board amend the ordinance by adding the following language at th
portion of the County."
Supervisor McGraw moved to approve the first reading
with the noted change. The motion was seconded by Supervisor
Johnson and carried by a unanimous roll call vote.
2. Ordinance authorizing the acquisition of 22.57
acres of real estate from Horace M. and Juanita
Obenshain. (REQUEST TO WAIVE SECOND READING)
Mr. Mahoney reported that this property involves the
West County Reservoir and the owners want to sell by the end of
this year because of new tax laws.
Supervisor Johnson moved to approve the first reading
and to waive the second reading. The motion was seconded by
Supervisor McGraw.
ORDINANCE 12-16-86-254 AUTHORIZING THE
ACQUISITION OF 22.57 ACRES OF REAL
ESTATE FROM HORACE M. AND JUANITA
OBENSHAIN
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
t 24,6
December 16, 1986
1.
That pursuant to the provisions of §18.04 of the
of Roanoke County a first reading concerning the acquisi-
ion of the hereinabove described real estate was held on
16, 1986. The second reading on this matter was dispens-
so that this transaction can be completed prior to the
this calendar year.
2. That the County shall acquire this real estate from
and Juanita Obenshain for the sum of $12,413.50. This
eal estate consists of approximately 22.57 acres of real estate,
identified by Roanoke County Tax Map No. 82.00-1-2 for the Spring
Reservoir project.
3. That the County Administrator is authorized to exe-
ute such documents and take such actions on behalf of Roanoke
are necessary to accomplish the acquisition of said
eal estate, all of which shall be upon a form approved by the
ounty Attorney.
n motion of Supervisor Johnson to approve the first reading and
aive the second reading, seconded by Supervisor McGraw and upon
he following recorded vote:
Supervisors McGraw, Nickens, Garrett, Johnson, and Brittle
None
3. Ordinance authorizing the acquisition of 10 acres of
real estate from Harry W. and Kathleen M. Young.
(REQUEST TO WAIVE SECOND READING)
Supervisor McGraw moved to approve the first reading
nd to waive the second reading. The motion was seconded by
upervisor Garrett.
ORDINANCE 12-16-86-255 AUTHORIZING THE
ACQUISITION OF TEN (10) ACRES OF REAL
ESTATE FROM HARRY W. AND KATHLEEN M.
YOUNG
BE IT ORDAINED by the Board of Supervisors of Roanoke
ounty, Virginia, as follows:
1. That pursuant to the provisions of §18.04 of the
harter of Roanoke County a first reading concerning the acquisi-
ion of the hereinabove described real estate was held on
.247.
December 16, 1986
_....."_·_·__.u~___·~__>____.___~.___.____'~__·_
December 16, 1986. The second reading on this matter was dis-
pensed with, so that this transaction can be completed prior to
the end of this calendar year.
2. That the County shall acquire this real estate fro
Harry W. and Kathleen M. Young (an undivided one-half interest)
for the sum of $3,000. This real estate consists of approximate
ly ten (10) acres of real estate, identified by Roanoke County
Tax Map No. 83.00-1-15 for the Spring Hollow Reservoir project.
3. That the County Administrator is authorized to exe
cute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish the acquisition of said
real estate, all of which shall be upon a form approved by the
County Attorney.
On motion of Supervisor McGraw, seconded by Supervisor Garrett
and upon the following recorded vote:
AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittl
NAYS: None
4. Ordinance authorizing the lease of 10.40 acres of
real estate to Oscar Wilford Hall and Josephine
Musser Hall.
Mr. Mahoney reported that this real estate is Spring
Hollow Reservoir property. Mr. Mahoney reported that the
previous owners would like to lease this property from the Count
until it is needed. Staff recommends that the property be lease
as it would probably help deter vandalism.
Supervisor Garrett moved to approve the prepared
ordinance. The motion was seconded by Supervisor McGraw.
ORDINANCE 12-16-86-256 AUTHORIZING THE
LEASE OF 10.40 ACRES OF REAL ESTATE TO
OSCAR WILFORD HALL AND JOSEPHINE MUSSER
HALL
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of S18.04 of the
Charter of Roanoke County a first reading concerning the
acquisition of the hereinabove described real estate was held on
\2,;4;8
December 16, 1986
becember 16, 1986.
The second reading on this matter is
scheduled for January 13, 1987.
2. That the County has acquired this real estate from
bscar Wilford Hall and Josephine Musser Hall. This real estate
þonsists of approximately 10.40 acres of real estate with
improvements, identified by Roanoke County Tax Map No. 73.00-1-6
for the Spring Hollow Reservoir project.
3. That it is in the County's best interests to lease
this property back to the sellers in order to safeguard the
~aluable improvements thereon; and to receive fair market value
lease payments until such time as it is necessary to utilize said
~roperty for the reservoir project. This lease is subject to the
~rovisions of §15.1-260 and §15.1-261.1 of the Code of Virginia,
1950, as amended.
4. That the County Administrator is authorized to
execute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish this transaction, all of
which shall be upon a form approved by the County Attorney.
On motion of Supervisor Garrett, seconded by Supervisor McGraw,
and upon the following recorded vote:
AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittle
NAYS: None
5. Ordinance authorizing the acquisition of 52.58 acres
of real estate from Mary Ann Wohlford Marchant.
Mr. Mahoney reported that once again, this involves
reservoir property. He reported that a final settlement has not
yet been reached but would like authorization to go forward in
negotiation a settlement within reason.
Supervisor Johnson moved to approve the prepared
ordinance. The motion was seconded by Supervisor Brittle.
ORDINANCE 12-16-86-257 AUTHORIZING THE
ACQUISITION OF 52.58 ACRES OF REAL
ESTATE FROM MARY ANN WOHLFORD MARCHANT
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
December 16, 1986
'~f'~~4'9
._._---,.__._-->~---------~-
"-"~.-.._" -. _...",.-~' .-
1. That pursuant to the provisions of S18.04 of the
Charter of Roanoke County a first reading concerning the acquisi-
tion of the hereinabove described real estate was held on
December 16, 1986. The second reading on this matter was dis-
pensed with, so that this transaction can be completed prior to
the end of this calendar year.
2. That the County shall acquire this real estate from
Mary Ann Wohlford Marchant for the sum of $31,548. This real
estate consists of approximately 52.58 acres of real estate,
identified by Roanoke County Tax Map No. 82.00-1-1 for the Spring
Hollow Reservoir project.
3. That the County Administrator is authorized to exe-
cute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish the acquisition of said
real estate, all of which shall be upon a form approved by the
County Attorney.
On motion of Supervisor Johnson, seconded by Supervisor Brittle
and upon the following recorded vote:
AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and BrittlE
NAYS: None
IN RE: SECOND READING OF ORDINANCES
The Deputy Clerk read the following second readings
into the record:
I. Ordinance accepting an offer for and authorizing thE
conveyance of 3.29 acres of surplus real estate,
Hidden Valley Junior High School property.
Mr. Mahoney reported that he has received no
counter-offers for this property since the first reading on
November 25, 1986. He reported that the offer he received
earlier was from QLC Land Trust in the amount of $78,400.
t c¿5':O.'
December 16, 1986
Supervisor Garrett moved to approve the prepared
resolution accepting the offer from QLC Land Trust in the amount
of $78,400. The motion was seconded by Supervisor McGraw.
RESOLUTION 12-16-86-258 ACCEPTING AN
OFFER FOR AND AUTHORIZING THE SALE OF
SURPLUS REAL ESTATE, A PORTION OF THE
HIDDEN VALLEY JUNIOR HIGH SCHOOL
PROPERTY
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of §18.04 of the
Charter of Roanoke County, a first reading concerning the sale
and disposition of the hereinafter described surplus real estate
was held on November 25, 1986. A second reading on this matter
was held on December 16, 1986. The real estate consists of
approximately 3.92 acres, more or less, of the Hidden Valley
Junior High School property on the south side of Hidden Valley
School Road as shown on the plat of survey by Balzer and
~ssociates, Inc. dated October 27, 1986; and
2. That an offer has been received for this property,
said offer of QLC Land Trust in the amount of $78,400 is hereby
accepted; and
3. That the County School Board of Roanoke County on
October 9, 1986, adopted a resolution declaring approximately six
(6) acres, more or less, of the Hidden Valley Junior High School
property to be surplus property pursuant to §22.1-129 of the 1950
Code of Virginia, as amended. All proceeds from the sale of said
property shall be credited to the School Capital Improvements
Fund.
4. That the County Administrator is authorized to exe-
cute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish the conveyance of said pro-
perty, all of which shall be upon a form approved by the County
!\ttorney.
251
December 16, 1986
._~--._.,_. ,--, ,--- ~ ..--_...~
.---,..,.-.....-.-- ---, --'.«"
On motion of Supervisor Garrett, seconded by Supervisor McGraw,
and upon the following recorded vote:
AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittle
NAYS: None
2. Ordinance amending Chapter 22 of the 1985 Roanoke
County Code, "Water", to reduce the fees for
separate fire service.
Mr. Clifford Craig was present to answer any questions
the Board might have. Supervisor Johnson noted that he is
concerned about the "upfront" costs and inquired if payment could
be spread out.
Supervisor Johnson moved to approve the second reading
of this ordinance. The motion was seconded by Supervisor McGraw.
ORDINANCE 12-16-86-259 AMENDING CHAPTER
22 OF THE 1985 ROANOKE COUNTY CODE,
"WATER" ESTABLISHING CERTAIN PROCEDURES
AND INCREASING CONNECTION FEES AND
CHARGES FOR WATER SERVICE, AND FURTHER
AMENDING ORDINANCE NO. 8-12-86-169 TO
REDUCE FEES FOR SEPARATE FIRE SERVICE
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Chapter 22 of the 1985 Roanoke County Code,
"Water" (Chapter 20.1 of the 1971 Roanoke County Code) and
Ordinance No. 8-12-86-169 is hereby amended as follows:
(S) Fire Service. All separate fire services shall be
properly metered using a detectorcheck. The detector check and
vault will be furnished and installed by the County. Charges for
fire service connections will be equal to the basic connection
portion of the connection fee for the requested size fire service
line. The off-site facilities fee shall be charged for either
the fire service or normal water service, whichever is larger.
(5) Fire Service. All separate fire services shall
be properly metered and protected against backflow with a check
valve. The meter vault, meter and backflow device shall be
furnished and installed by the County. The total connection fee
for separate fire service connections will be equal to the basic
connection portion of the connection fee plus twenty percent
252
December 16, 1986
(20%) the off- site facilities fee as,? established for the si.ze
fire service requested.
2. This ordinance shall be effective December 17,
1986.
On motion of Supervisor Johnson, seconded by Supervisor McGraw
-
and upon the following recorded vote:
AYES: Supervisors McGraw, Nickens, Garrett, Johnson, and Brittle
NAYS: None
IN RE: PUBLIC HEARINGS
1286-1 Petition of Jelco Construction Company, Inc., to
rezone the front portion of the property from M-I,
Industrial with conditions, to B-2, Business with
conditions, and to amend the existing conditions on
the rear portion of the property located north and
east of Mick or Mack on Route 221 in the Cave Spring
Magisterial District. (HELD OVER FROM NOVEMBER 25,
1986) .
(FINAL ORDER AMENDED BY THE BOARD OF SUPERVISORS ON JUNE 23,
1987 TO REFLECT THE FACT THAT THE PETITIONER HAD CONTINUED HIS
REQUEST TO AMEND THE CONDITIONS ON THE REAR PORTION OF THE
PROPERTY FOR 30 TO 45 DAYS, AND THEREFORE, CERTAIN PROFFERS DO
NOT APPLY TO THE PORTION REZONED.)
--.
Chairman Brittle announced that the petitioner has
continued his request regarding the existing conditions on the
rear portion of the property for 30 to 45 days. This public
hearing is only to rezone the front portion of the property.
Mr. Rudy Cox, petitioner, was present to request that
the Board favorably consider this rezoning request.
Supervisor Johnson reported to Mr. Cox that the slope
on that property should not be disturbed.
Ms. Alva Anderson, 4915 Colonial Avenue, SW, Roanoke,
Virginia, an adjoining property owner, was present in opposition
to the rezoning request. She reported that at the last Board
meeting, Mr. Cox was directed to meet with Mr. Anderson and Mr.
---
Craighead concerning the plans for this property, and to date he
has not.
253
December 16, 1986
Mr. Nelson Craighead, also present in opposition,
reported to the Board that his position on this matter has not
changed, and he is still opposed to the rezoning.
Supervisor Nickens moved to rezone the front portion
of this property to B-2 only, the petitioner having withdrawn his
request to amend existing conditions on the rear portion of the
property. The motion was seconded by Supervisor Brittle.
FINAL ORDER
NOW, THEREFORE, BE IT ORDERED that the aforementioned
parcel of land, which is contained in the Roanoke County Tax Maps
as Parcel 77.17-5-22 and legally described below be rezoned from
M-l, Industrial with conditions, to B-2, Business with
conditions.
BEGINNING at an iron pin on the easterly
right-of-way of U. S. 221 and northerly corner to
August Realty Corp. property (D.B. 1188, Page
1414), thence along said right-of-way N. 40° 59'
52" E., 325.22 feet to an iron pin corner to
James T. Anderson property (D.B. 767, Page 404);
thence leaving said right-of-way and with
Anderson property S. 04° 05' 54" W., 300.00 feet
to a point; thence leaving Anderson property and
with new rezoning line N. 85° 40' 20" W., 106.07'
to a point on line with August Realty property;
thence with August Realty property N. 04° 19' 40"
E., 39.14 feet to an iron pin; thence with same N
85° 40' 20" W., 89.35 feet to the beginning and
containing 0.680 acres and being the northerly
portion of property (1.65 acre) as shown on
survey map by T. P. Parker & Son, dated December
28,1978. (D.B. 1217, page 1332).
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.
PROFFER OF CONDITIONS
The petitioners hereby voluntarily proffer to the
Board of Supervisors of Roanoke County, virginia, the following
conditions to the zoning request referenced above:
~. Ma~ft~a~ft a 39 ~ee~ e~~~er area a~eftg ~he fter~h
~re~er~y oe~ftdary wh~eh adje~fts ~he R-~ B~s~r~e~.
%. Preser~e aftd æa~ft~a~ft ex~S~~ftgï fta~~ra~ grew~h
aftà ~e~egra~hy w~~h~ft 39 ~ee~ e~~~er area.
3. ~e ~he £~r~hes~ ~rae~~ea~ eX~eft~ï eenser~e
s~gft~~~eaft~ fta~~ra~ eeft~e~rs e~ ~he ~and.
254
December 16, 1986
4. Aloft~ ~fte ~ea~ þ~oþe~~y bo~nda~y, þlaft~ aftd
ma~ft~a~ft ofte ~ow .0£ wft~~e þ~fte ~~ees - þlaft~ed no~ mo~e ~ftaft ±9
ree~ Oft eeft~e~ aftd ftav~ft~ a m~ft~m~m fte~~ft~ o£ £~ve £ee~ a~
þlaft~~n~.
5. Ðeerease ~fte þe~m~~~ed len~~ft t£~on~aget o£ ~fte
m~ft~-wa~efto~se b~~ld~ft~ £~om 359 n.¥. ~o 3~9 n.¥. wft~le
~fte~eaS~ft9 ~~s deþ~ft £~om ~9 n.¥. ~o 39 n.¥. a±low~n9 an ~fte~ease
~ft leaseable sþaee t£~om 1,999 s.¥. ~o 9,699 S.¥.t wft~le a~ ~fte
same ~~me dee~eaS~ft9 v~s~a± ~mþae~.
6. ~fte m~ft~-wa~eho~se £ae~l~~y w~±l be o£ maeon~y
eons~~~e~~oft w~~h b~~ek o~ ~e~~~~ed masoftry on e~þosed tftO~
se~eeftedt s~des allow~ft9 £o~ some la~~~~de ~ft a~eh~~ee~~ral
des~9n. ~fte ~oo£ w~ll sloþe ~o ~he wes~ t£orwa~d ~owa~d
M~ek-o~-Maekt.
1. %ns~ead o£ ~n~£o~m 19~ ~ ~9~ s~allsfbays w~~h
9a~age doo~s, wh~eh have almos~ s~~~e~ly a eomme~e~al apþeal, we
des~~e ~o o££e~ a mo~e w~de ~aftge o£ ren~al ~n~~ s~~ed ~o mee~
~he demaftds or ~he p~bl~e. ¥ewe~ veh~e~la~ aftd a rew þedes~~~al
doo~s also se~ve ~o b~eak ~þ ~fte mono~ony o£ wha~ wo~ld ftOW be 35
9a~age doo~s.
8. Single entrance from Route 221.
9. Earthen berms and decorative plantings shall
screen parking lot pavement in the area to be rezoned to B-2.
1286-2
Petition of Lynn Brae Farms, Inc., to rezone a 14.15
acre tract from R-3, Residential and M-l, Industrial,
to B-2 Business to construct a commercial office park
paralleling Starkey Road Extension in the Cave Spring
Magisterial District.
Ms. Maryellen F. Goodlatte was present on behalf of
the petitioner requesting this rezoning. Ms. Goodlatte informed
the Board that at first there was some question about water to
serve the office park but that has been worked out with the
Engineering Department.
.. .
December 16, 1986
, 255
._~~.__,_._..~_._..<..~_,_..~._._...~..__~__...._..'__.·____~_._,__~_N_
There was no one present in opposition.
Supervisor Brittle moved to approve the rezoning
request and for staff to work with the Highway Department in
resolving the road problems on Fallowater Lane. The motion was
seconded by Supervisor Johnson.
FINAL ORDER
NOW, THEREFORE, BE IT ORDAINED that the
aforementioned parcels of land described as follows: Parcel
77.19-1-28, Deed Book 1188, page 1843, and Parcel 77.19-1-26,
Deed Book 1180, page 1751; and Parcel 77.19-1-27, Deed Book 1249,
page 384; and legally described below be rezoned from R-3 and M-
District to B-2 District.
BEING the same property conveyed to Lynn Brae
Farms, Inc., a Virginia corporation, from Eva R.
Smith, in her own right and as surviving widow of
Guy T. Smith, deceased, by deed dated December
29, 1982, and recorded in the Clerk's Office of
the Circuit Court of Roanoke County, Virginia, in
Deed Book 1188, page 1843.
LESS AND EXCEPT:
BEGINNING at an iron pin on the Norfolk and
Western Railway right-of-way at its intersection
with the northwesterly line of the 10.171 acre
tract of Area Corporation, thence leaving the
Norfolk and Western Railway right-of-way and with
the northwesterly line of Area Corporation S. 46°
49' W. 363.09 feet to a point; thence leaving the
line of Area Corporation and with as new line
through the property of Lynn Brae Farms, Inc., N.
43° 11' W. 187.92 feet to a point on the Norfolk
and Western Railway right-of-way; thence with
said right-of-way N. 72° 18' E. 51.60 feet to a
point; thence continuing with said right-of-way
N. 74° 27' E.357.27 feet to an iron pin at the
place of BEGINNING, and containing 0.791 acre as
shown on map of Tanglewood Square Shopping
Center, property of Area Corporation, dated July
28, 1983, recorded in the Clerk's Office of the
Circuit Court of Roanoke County, Virginia, in
Deed Book 1198, page 767.
TOGETHER, with all of the right, title, and
interest of the Grantor in and to a roadway
easement extending from new Starkey Road to Route
419, excepting therefrom that portion of the
easement which lies within 386.2 feet of Virginia
State Route No. 419, which was conveyed to Boddie
Noell Enterprise, Inc., by deed dated June 23,
1982, of record in the aforesaid Clerk's Office
in Deed Book 1184, page 409.
PARCEL TWO:
'2~f\
December 16, 1986
BEGINNING at a point numbered "l" on the north
side of Fallowater Lane at the southwest corner
of Lot 3, Section 5, of Beulah Heights
Subdivision; thence along the east side of Lot 3,
N. 34° 47' W. 179.38 feet to point numbered 2;
thence leaving Lot 3 and with a division line
which divides Phase I and Phase II of the Windy
Hill Key Project N. 26° 32' E. 64.00 feet to a
point numbered 2-A; thence N. 62° 32' E. 140.00
feet to a point numbered 12-B"; thence N. 37° 28'
W. 213.00 feet to a point numbered 12-C"; thence
N. 2° 13' 42" W. 238.26 feet to point "17" and
being a point on the south right-of-way line of
the Norfolk & Western Railway Company; thence
adjacent to the right-of-way of the Norfolk &
Western Railway Company the following courses and
distances, N. 55° 55' E. 106.79 feet to a point
numbered "18"; thence N. 48° 18' E. 97.26 feet to
an iron pin at a point numbered 119"; thence
leaving the right-of-way of the Norfolk & Western
Railway Company S. 35° 3' 45" E. 582.36 feet to a
point numbered "20"; thence S. 50° 3' W./ 120.00
feet to a point numbered "21"; thence N. 34° 47'
W. 30.12 feet to a point numbered "22"; thence S.
47° 38' W. 403.44 feet a major portion of this
distance being along the north side of Fallowater
Lane to a point numbered "1", the point and place
of BEGINNING, and containing 4.85 acres.
BEING the same property conveyed to Lynn Brae
Farms, Inc., a Virginia corporation, from Keith
L. Halderman and Elizabeth Sue Halderman, his
wife, by deed dated January 26, 1982, and
recorded in the Clerk's Office of the Circuit
Court of Roanoke County, Virginia, in Deed Book
1180, page 1751.
BEGINNING at an iron pin corner on the line of
the property now or formerly owned by Aylett B.
Coleman and Fred P. Bullington which is Corner G
according to a plat showing street being
dedicated to Roanoke County for public use dated
March 22, 1979, by Buford T. Lumsden &
Associates, P.C., Certified Land Surveyors, of
record in the Clerk's Office of the Circuit Court
of the County of Roanoke, Virginia, in Plat Book
9, at page 144; thence with the northwesterly
line of the said property of Coleman and
Bullington, S. 49° 30' 00" w. 383.60 feet to an
iron pin corner being Corner F as shown on the
aforesaid plat, which point is also at the
southeasterly corner of Beulah Heights (Plat Book
2, at page 15); thence leaving the Coleman and
Bullington property and with the easterly line of
Beulah Heights, N. 34° 47' W. 103.53 feet to a
point at the southwesterly corner of the property
now or formerly owned by Lynn Brae Farms, Inc.;
thence leaving the easterly line of Beulah
Heights, and with the southerly line of the Lynn
Brae Farms, Inc., property, N. 52° 25' 40" E.
388.86 feet to a fence post corner; thence with
the same, S. 30° 15' E. 84.50 feet to the place
of BEGINNING, containing 0.828 acres, more or
less, shown on a plat by Raymond C. Weeks,
Certified Land Surveyor, dated July 1, 1982,
-
December 16, 1986
,
~ 'J'. :2~~5' 7
----~----"-~-
-_._._.._.>._-_._---_.,~_.__._-_._.._--~.".~._-_._-~~.-.--
approved by T. W. Gubala, Secretary of Roanoke
County Planning Commission on July 8, 1982;
TOGETHER with an easement for a right of way 12
feet wide as presently located and shown on the
aforesaid map, to and from the above described
property and new Starkey Road.
AMENDED PROFFER OF CONDITIONS
TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY:
Being in accord with Section 15.1-491.1 et seq. of
the Code of Virginia and Section 21-105E. of the Roanoke County
zoning Ordinance, 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 th
above-referenced parcels of land:
1. Any development on the subject property will not
include the uses itemized in paragraphs 5 through 12, inclusive,
of Section 21-23-2 of the Roanoke County Code. A copy of said
ordinance is attached hereto as Exhibit A.
2. The new street which will extend through the
subject property, will be constructed to state standards and wil
be state maintained.
1286-3
Petition of the Roanoke County Planning Commission t
amend the Future Land Use Map designation of the
Scenery Court Subdivision in the Catawba Magisterial
District from Core to Neighborhood Conservation.
Mr. Tim Gubala reported to the Board that the curren
zoning of this area is creating problems for the residents when
they want to construct additions to their homes. There was no
one present in opposition.
Supervisor Brittle moved to approve the rezoning
request. The motion was seconded by Supervisor Johnson.
FINAL ORDER
NOW, THEREFORE, BE IT ORDERED that the aforementione
parcel of land be rezoned from B-1, Business District to R-l,
Residential District.
BE IT FURTHER ORDERED that the aforementioned parcel
of land which is contained on the Roanoke County Tax Maps as
~, ~ ,5 ß.
December 16, 1986
þarcel 64.01-3-29, parcel 64.01-3-30, parcel 64.01-3-31, parcel
54.01-3-32, parcel 64.01-3-33, parcel 64.01-3-34, parcel
54.01-3-35, parcel 64.01-3-36, and parcel 64.01-3-37 be
edesignated on the Land Use Plan: Future Land Use map of
Roanoke County from Core to Neighborhood Conservation.
ADOPTED on motion of Supervisor Brittle, seconded by
Supervisor Johnson and upon the following recorded vote:
~YES: Supervisors McGraw, Nickens, Johnson, Garrett, and Brittle
~AYS: None
286-4 Petition of the Roanoke County Planning Commission
to rezone the Scenery Court Subdivision from B-I,
Business, to R-I, Residential, to allow construction
of single family homes and to conform with the
Roanoke County Zoning Ordinance, located in the
Catawba Magisterial District.
There was no one present in opposition. Supervisor
~cGraw moved to approve the final order. The motion was seconded
by Supervisor Johnson.
FINAL ORDER
NOW, THEREFORE, BE IT ORDERED that the aforementioned
barcel of land be rezoned from B-I, Business District, to R-I,
Residential District.
BE IT FURTHER ORDERED that a copy of this order be
~ransmitted to the Secretary of the Planning Commission and that
he be directed to reflect that change on the official zoning map
þf Roanoke County.
ADOPTED on motion of Supervisor McGraw, seconded by
Supervisor Johnson and upon the following recorded vote:
~YES: Supervisors McGraw, Nickens, Johnson, Garrett, and Brittle
NAYS: None
N RE: REPORTS
Supervisor Nickens directed that the School Board be
nvolved in the budget process at an earlier time than is
ßcheduled on the calendar.
December 16, 1986
'··2·.5:Q
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IN RE:
MISCELLANEOUS
Chairman Brittle directed that the record reflect th
Board's appreciation to Mr. T. D. Steele for his work with
Roanoke County.
Supervisor McGraw expressed his appreciation to
Chairman Brittle for a job well done during his chairmanship.
IN RE:
ADJOURNMENT
Chairman Brittle adjourned the meeting at 8:00 p.m.
Chairman