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