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