2/14/1984 - Regular
~
358
2-14-84
Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S. W.
Roanoke, VA 24015
I
February 14, 1984
The Board of Supervisors of Roanoke County, Virginia,
met this day in open session at the Roanoke County Administration
Center, Roanoke, Virginia, this being the second Tuesday and the
first regular meeting of the month of February, 1984.
IN RE: CALL TO ORDER
Chairman, Harry C. Nickens, called the meeting to order
at 3:12 p.m. The roll call was taken:
MEMBERS PRESENT: Chairman, Harry C. Nickens; Vice Chairman,
Athena E. Burton; Supervisors Alan H. Brittle,
I
Steven A. McGraw; Gary J. Minter
MEMBERS ABSENT:
None
IN RE: EXECUTIVE SESSION
Supervisor Brittle moved to go into Executive Session
pursuant to the Code of Virginia, Section 2.1-344(a) (6) to
discuss a legal matter. The motion carried by a unanimous voice
vote.
IN RE: OPEN SESSION
At 4:50 p.m. Supervisor McGraw moved to return to Open
Session, and the motion carried by a unanimous voice vote.
, -I
Work Session - Human Services Committee Supervisor
Nickens proposed the concept of establishing this committee to
screen applications and make recommendations to the Board for the
amount of money to be budgeted for human service agencies. Mr.
Raleigh Campbell, in his letter dated December 22, 1983, proposed
that the Roanoke Valley Council of Community Services contract
with the Roanoke County Board of Supervisors to establish a
-
~
,...-
359
2-14-84
citizens' committee to advise the Board on its annual allocation
of money to human service agencies and to monitor those programs
receiving the allocated funds. Supervisor Minter moved to
approve the Human Service Committee propposal to include review
of Total Action Against Poverty and Mental Health Services of
Roanoke Valley. The motion carried by the following roll call
vote:
I
Supervisors McGraw, Minter, Burton
Supervisors Brittle, Nickens
Chairman Nickens recommended that appointments to the
Human Services Committee be held until the February 28 session.
Work Session - Job Descriptions Personnel Officer,
Keith Cook, proposed the new job descriptions be approved.
County Attorney, James E. Buchholtz, stated he had not reviewed
the job descriptions. Chairman Nickens then recommended that the
job descriptions be held over until the February 28 session.
AYES:
NAYS:
I
IN RE: RECESS
At 5:20 p.m. Supervisor Brittle moved for a dinner
recess until 7:00 p.m., and the motion carried by a unanimous
voice vote.
IN RE: CALL TO ORDER
Chairman, Harry C. Nickens, called the meeting to order
at 7:00 p.m. The roll call was taken:
MEMBERS PRESENT: Chairman, Harry C. Nickens; Vice Chairman,
Athena E. Burton, Supervisors Alan H. Brittle,
Steven A.McGraw, GaryJ. Minter
MEMBERS ABSENT: None
I
IN RE: OPENING CEREMONIES
-
~
~
2-14-84
360 j
Reverend Branan Thompson, of Colonial Avenue Baptist
Church, offered the invocation. The Pledge of Allegiance was
I
recited by all present.
IN RE: CONSENT AGENDA
Supervisor Burton deleted the January 10, 1984 Minutes
from Item 11 and Item '24 (to be discussed under her
name). Supervisor Minter moved the following prepared
rét~utìon deleting the January 10 Minutes and Item #24.
RESOLUTION NO. 84-29 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 Board of
I
Supervisors of Roanoke County for February 14, 1984, 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 as Items 1 through 28, inclusive, as follows:
1. Approval of Minutes - December 13, 1983, JaAaary 19,
1984, and January 31, 1984.
2. Letter dated January 20, 1984, from Mental Health
Services of Roanoke Valley, confirming official
membership of Botetourt County.
3. Letter dated January 16, 1984, from Woods, Rogers,
Muse, Walker & Thornton regarding Appalachian Power
Company 1984 Fuel Factor and Cogeneration Tariff
Proceedings.
4. Letters dated January 18, 1984, and January 19, 1984,
from Roanoke Valley Chamber of Commerce thanking Mr.
Donald R. Flanders and Mr. Timothy W. Gubala for
addressing the Board of Directors.
I
5.
Letter dated January 13, 1984, from Virginia State
Library regarding reduction of state aid grant.
6.
Letter dated January 13, 1984, from Lawrence C.
Musgrove Associates regarding termination of Roanoke
County Employees' Health Plan.
7.
Letter dated January 12, 1984, from Virginia
Department of Highways and Transportation regarding
approved additions to the Secondary System of Roanoke
County. (Empire Lane & Crown Road)
,. -
f----
~
~
361
2-14-84
8. Letter dated January 12, 1984, from Virginia
Department of Highways and Transportation regarding
service requirements for acceptance of subdivision
streets.
9.
Letter dated January 9, 1984, from The Office of the
Secretary of the Treasury, Office of Revenue Sharing
regarding Revenue Sharing Payments.
I
10. Letter dated January 19, 1984, from the Virginia
Department of Highways & Transportation regarding
intersection Bandy Road and Reynolds Road.
11. Accounts Paid - January, 1984.
12. Letter from Rob Stalzer, Director of Planning, dated
January 30, 1984, to Ms. Julie Martin regarding
population of Roanoke County as of July 1, 1983.
13. Report on EPA grant amendment to complete funding of
the 20S(j) project proposals.
14. Bingo/Raffle Permit - Loyal Order of Moose, Roanoke
Lodge No. 284 - $50.00 permit and audit fees received.
15. Bingo/Raffle Permit - Vinton Lodge 1121 Loyal Order of
Moose, - $25.00 fee received.
16.
Raffle Permit - Cave Spring American Little League -
$25.00 fee received.
I
17.
Raffle Permit - Roanoke Ballet Theatre - $25.00 fee
received.
18. Bingo/Raffle Permit - Oak Grove School - request for
waiver of fee.
19. Raffle Permit - McVitty House Nursing Home - request
for waiver of fee.
20. Report on Soil and Erosion Control Policy -
Resolution.
21. Report on Soil and Erosion Review Fees - Resolution.
22. Roanoke County Industrial Development Authority Audit
for period July 1, 1982 to June 30, 1983.
23. Report on Yellow Mountain Road Speed Limit.
24. Ro~ort OR Su~ar Leaf MouRtaia Road O~ced Limit.
25.
Report on Catawba District Parks and Recreation
Facilities.
26.
Report on Verndale Road Conditions.
I
27. Letter dated February 3, 1984, from Mrs. Yvonne
willis, President of Glenvar Youth Boosters supporting
Supervisor Steven A. McGraw's proposal for improved
recreational facilities in the Catawba Magisterial
District.
28.
Letter dated February 2, 1984, from Honorable G.
Steven Agee expressing appreciation for framed Seal of
Roanoke County.
~
I
~
362
2-14-84
2. That the Clerk to the Board is hereby authorized and
directed where required by law to set forth upon any of said
I
items the separate vote tabulation for any such item pursuant to
this resolution.
Adopted by the following roll call vote:
AYES:
Supervisors McGraw, Minter, Brittle, Burton, Nickens
NAYS:
None
RESOLUTION NO. 84-29.a APPROVING AND
CONCURRING IN A SOIL EROSION AND SEDIMENT
CONTROL POLICY FOR ROANOKE COUNTY AND
ESTABLISHING THE REVIEW FEE TO BE CHARGED
FOR REVIEW AND APPROVAL OF EROSION AND
SEDIMENT CONTROL PROGRAMS AND SITE PLANS
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
I
1. That the Board does hereby approve and concur in that
certain policy prepared by the Department of Development,
Development and Review Coordination Division entitled "Soil
and Erosion Control Policy", the same being hereby established as
the policy of Roanoke County, a copy of which said policy may be
found on file in the office of the Clerk to the Board of
Supervisors; and
2. That the fee for review and approval of soil and erosion
programs and site plans shall be, from and after February IS,
1984, the sum of $300.00; and
3. That an attested copy of this resolution with an
attested copy of the herein above mentioned Soil and Erosion
Control Policy shall be forthwith deposited with the Department
I
of Development, Development and Review Coordination Division.
Adopted by the following roll call vote:
AYES: Supervisors McGraw, Minter, Brittle, Burton, Nickens
NAYS: None
IN RE: PUBLIC HEARINGS
~
~
363
2-14-84
PETITION OF W. E. CUNDIFF COMPANY,
INCORPORATED, REQUESTING REZONING FROM R-l
TO B-3 OF 1.64 ACRES LOCATED ON THE SOUTH
SIDE OF ROUTE 24 CONTIGUOUS ON THE EAST WITH
THE BLUE RIDGE PARKWAY PROPERTY. REZONING
REQUESTED TO CONSTRUCT A RECREATIONAL VEHICLE
TRAVEL TRAILER SALES BUSINESS.
I
APPROVED
REQUEST FOR A SPECIAL EXCEPTION TO OPERATE A
SALES LOT FOR RECREATIONAL TRAVEL VEHICLES
LOCATED AT 2949 WASHINGTON AVENUE IN THE
VINTON MAGISTERIAL DISTRICT. SPECIAL
EXCEPTION REQUESTED TO CONSTRUCT A TRAVEL
TRAILER SALES BUSINESS AND BRING THE VACANT
RESTAURANT BUILDING UNDER THE EXISTING ZONING
ORDINANCE. COUNTY PLANNING COMMISSION
RECOMMENDS APPROVAL WITH PROFFERED
CONDITIONS.
APPROVED
Attorney for the petitioner, John Renick, presented a
plot and rendering asking that the entire tract (containing two
parcels) be rezoned. He explained that since there were three
I
different uses for the building, they are asking for a rezoning
only to B-3. Supervisor Minter moved the approval of the
rezoning and the request for special exception.
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned
tract of land, more particularly described below, be rezoned from
R-l to B-3.
PARCEL NO. 1
BEGINNING at a point on the south side of Virginia
Highway Route 24, 462 feet east of the eastern side of a 50-foot
street, said point being a common point between Lots 2 and 3, as
shown on a survey made for Alvin Lawhorn dated April 11, 1953, by
T. P. Parker, S. C. E.; thence with Route 24, N. 680 14' E. 158.9
feet to the western line of property heretofore conveyed to
McManaway; thence with the McManaway line S. 150 24' E. 184.2
feet to the line of Lot 4; thence with the line of Lot 4, S. 560
01' W. 128.2 feet to a point, common corner to Lots 2, 3, and 4;
thence with the line of Lot 2, N. 250 21' W. 210.7 feet to the
south side of Route 24, the Place of BEGINNING, and being all of
Lot 3, according to survey made for Alvin Lawhorn April 11, 1953,
by T. P. Parker, S. C. E., and containing 0.64 acre, more or
less.
I
PARCEL NO. 2
BEGINNING at an iron pin on the south right-of-way line
on the Stewartsville Road and corner to a lot formerly owned by
H. G. Jacobs; thence leaving the said road and with said Jacobs,
~
~
364
2-14-84
I
S. 17-1/20 E. 207 feet to a point; thence leaving Jacobs Lot, S.
76-1'20 W. 224 feet to a pin; thence N. 14-1/20 W. 185 feet to a
pin on the south right-of-way line of the said road, and with the
same N. 70-1/40 E. 224 feet to the Place of BEGINNING, and
containing 1 acre, more or less.
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.
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:
W. E. Cundiff Company, Incorporated, will not use the
rezoned premises for the following permitted uses within the B-3
classification:
I
1. Service Station
2. Auto Car Wash
3. Used Car Sales
4. Mobile Home Sales
5. Farm Machinery Sales or
6. Car Rentals
Further, W. E. Cundiff Company, Incorporated will cause
the existing restaurant building to be remodeled in accordance
with the plans filed with the Roanoke County Planning Commission
as soon as weather and building contracts permit.
Adopted by the following roll call vote:
AYES:
Supervisors McGraw, Minter, Brittle, Burton, Nickens
NAYS:
None
I
Chairman Nickens then made the following statement
regarding the next two public hearings:
"The Roanoke County Board of Supervisors is concerned
with fair treatment of all persons or entities who are paying
taxes or who may be required to pay taxes in the County. It is
not our desire to tax any institution or property that is
~
r--
365
2-l4-84
properly exempt from taxation under the law. At the same time
the Board has an affirmative duty to citizens of the County to
determine objectively whether the law provides a tax exemption.
In this regard, it being the duty of the Office of the
I
Commissioner of Revenue to inquire into the tax status of various
properties operated by McVitty House, Incorporated; McVitty Homes
of Roanoke Valley, Incorporated; Friendship Manor, Incorporated;
Friendship Manor Apartment Village Corporation; and other
institutions the County Board authorized the Commissioner to
utilize an outside counsel to assist in this inquiry. The County
is not focusing on anyone group, but it desires to fairly
enforce its tax laws for the benefit of all its citizens of
whatever status and to consider carefully any requests for tax
exemptions or relief. The Board is cooperating with the
Commissioner in making a determination as to whether or not the
institutions or the properties under question are exempt. If
I
there is an exception, the Board believes the Commissioner has
the duty to determine that the properties are being operated in a
charitable manner and in accordance with the exception. It goes
without saying, that if an institution is properly taxable, it is
expected to pay the real property tax, the business license tax,
and personal property tax assessed against it as do all other
citizens of the County."
PETITIONS OF McVITTY HOUSE, INC. AND
McVITTY HOMES OF ROANOKE VALLEY, INC., FOR
THE ADOPTION OF A RESOLUTION EXEMPTING
McVITTY HOUSE, INC. AND McVITTY HOMES OF
ROANOKE VALLEY, INC. FROM TAXATION, PURSUANT
TO ARTICLE X, SECTION 6(a) (6) OF THE
CONSTITUION OF VIRGINIA.
DENIED
I
Mr. Ted Russell, President of McVitty House, Inc. and
McVitty Homes of Roanoke Valley, Inc. offered a set of petitions,
and background presentation. He explained their commitment was
to help their fellow man, and they did not have any
extra-curricular activities to generate extra income. He
~
~
366
2-14-84
requested that the Board support House Bill 166 which would
statutorily reaffirm their long-standing tax exempt status. Mr.
I
W. H. Jolly, legal counsel, reaffirmed the request stating that
the charitable operations were identical to those of 47 years ago
when the State Corporation Commission granted the original
charter, the only difference being that a greater population is
being served on a modern, up-to-date basis. Mr. Byron W. John,
Apartment 408, Knollwood, Salem, spoke in behalf of the petioner.
Supervisor Minter requested an estimate of the total
legal fees if this matter would enter into litigation. Mr.
David Barbe, tax attorney for Roanoke County, estimated the cost
potential could be $100,000, more or less.
Supervisor Minter
asked the Commissioner of Revenue how much the annual taxes would
be. Wayne Compton explained that in 1981 Roanoke County began to
I
put a value on tax-exempt property, and that he estimates McVitty
House's assessed value to be $10,000,000. Supervisor Minter then
expressed concern over the fact that the General Assembly did not
clearly define nursing homes, retirement homes, and convalescent
centers. He then moved to support the tax-exempt status. The
motion was defeated by the following roll-call vote:
AYE S :
Supervisor Minter
NAYS:
Supervisors McGraw, Brittle, Burton, Nickens
At Supervisor Brittle's request, Mr. Russell explained
the provisions of the life-lease agreement stating that a rebate
would be made up to ten years. If a resident leaves within the
first two years, he is entitled to an 80% refund of the original
payment; and a 10%-per-year decreasing scale applies after that.
I
This is explained on the admission application.
Supervisor Burton clarified the words "non-profit" and
"charitabale." "Non-profit" is a term used to designate the
proceeds from an operation being used to further that operation's
purposes, and the profits do not accrue to an individual or
stockholder. "Charitable" applies to an unrestricted gift given
~
r
367
2-14-84
to a benevolent or charitable organization for distribution with
no strings attached.
Supervisor Brittle moved the following prepared
I
resolution refusing to support House Bill 166:
RESOLUTION NO. 84-30 CONCERNING TAX EXEMPT
STATUS FOR McVITTY HOUSE, INC. AND McVITTY
HOMES OF ROANOKE VALLEY, INC.
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board, being mindful of all and singular the
provisions of Article X, § 6 (a) (6) of the Virginia
Constitution, believes that organizations and associations
entitled to tax exemption pursuant to Article X, §6 (a) (6), are
exempt pursuant thereto and pursuant to §58-12 of the 1950 Code
of Virginia, as amended, when using properties of such
organizations and associations exclusively for charitable and
2. That pursuant to public hearing as made and provided by
I
benevolent purposes and not for profit; and
§30-19.04 of the 1950 Code of Virginia, as amended, and upon due
and careful examination and consideration of the criteria set out
in §30-19.04, B (1) through (7) and further considering such
other criteria, facts and circumstances as the Board deems
pertinent to its examination, consideration and deliberations as
provided by §30-19.04, B (8) the Board does hereby
refuse to support for tax exemption the several properties
situate, lying and being in Roanoke County, Virginia, now or
hereafter owned by either McVitty House, Inc. or McVitty Homes of
Roanoke Valley, Inc, the Board being not satisfied that each and
every such property so owned is operated exclusively for
charitable and benevolent purposes and not for profit; provided
I
however, the Board does not hereby undertake to determine the
taxable status of each and every such property so owned; and
3. That an attested copy of this resolution be forthwith
forwarded to the respective clerks of the Senate and House of
~
~
368
2-14-84
Delegates of Virginia and each of the applicants for such
exemption.
I
Adopted by the following roll call vote:
AYES: Supervisors McGraw, Brittle, Burton, Nickens
NAYS:
Supervisor Minter
REQUEST TO THE BOARD OF SUPERVISORS FROM
FRIENDSHIP MANOR APARTMENT VILLAGE
CORPORATION AND FRIENDSHIP MANOR, INC.,
PURSUANT TO SECTION 30-19.04 OF THE CODE OF
VIRGINIA, AS AMENDED, FOR A RESOLUTION
ADDRESSED TO THE GENERAL ASSEMBLY TO CLASSIFY
AND DESIGNATE AS EXEMPT FROM TAXATION,
PURSUANT TO SECTION 6 (a) (6) OF ARTICLE X OF
THE CONSTITUTION OF VIRGINIA, PROPERTY
LOCATED IN THE COUNTY OF ROANOKE, OWNED BY
FRIENDSHIP MANOR APARTMENT VILLAGE
CORPORATION AND FRIENDSHIP MANOR, INC., AND
USED FOR RELIGIOUS, CHARITABLE, OR BENEVOLENT
PURPOSES.
DENIED
I
Mr. M. Caldwell Butler, attorney for the petitioner,
presented the views and purposes of the corporations asking for
support of legislation to affirm the tax-exempt status. He
stated that the Commissioner of Revenue's assessments could be
contested through the courts or that tax relief could be sought
from the General Assembly with the Board's support. He
indicated that Friendship Manor currently has some properties
that are subject to taxes currently being paid. He requested
that a parcel-by-parcel review of the properties be made by the
Commissioner of Revenue, and also requested some justification
for the Commissioner of Revenue's action.
Citizens expressing their support for Friendship Manor
were Mr. R. W. Bowers, of Creative Construction, Route 11, Box 5,
II
Roanoke; Mr. Grayson H. Isbell, A-IO, 6500 Carefree Lane,
Roanoke; Mr. Orrin Rhudy, 21S Hershberger Road, Roanoke, Ms. Nina
Jo Warren, Regency 1, Apartment 103, 21S Hershberger Road,
Roanoke; and Mr. Marshall J. Pilkenton, C-IB, 21S, Hershberger
Road, Roanoke.
~
...4
"..- ..-
369
2-14-84
Supervisor Brittle asked Mr. Butler the terms of the
life-lease agreement, and Mr. Butler explained that there was no
provision at for an early termination as a result of death but
the survivor would continue to have the lease rights under this
I
agreement. Chairman Nickens clarified that a person living at
Friendship Manor for two years without a surviving spouse would
have no pro-rated refund on the life-lease for the heirs to the
estate.
Supervisor Brittle moved the following prepared
resolution:
RESOLUTION NO. 84-31 CONCERNING TAX EXEMPT
STATUS FOR FRIENDSHIP MANOR APARTMENT
VILLAGE CORPORATION AND FRIENDSHIP MANOR,
INC.
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board, being mindful of all and singular the
provisions of Article X, § 6 (a) (6) of the Virginia
I
Constitution, believes that organizations and associations
entitled to tax exemption pursuant to Article X, §6 (a) (6), are
exempt pursuant thereto and pursuant to §58-12 of the 1950 Code
of Virginia, as amended, when using properties of such
organizations and associations exclusively for charitable and
benevolent purposes and not for profit; and
2. That pursuant to public hearing as made and provided by
§30-19.04 of the 1950 Code of Virginia, as amended, and upon due
and careful examination and consideration of the criteria set out
in §30-19.04, B (1) through (7) and further considering such
other criteria, facts and circumstances as the Board deems
I
pertinent to its examination, consideration and deliberations as
provided by §30-19.04, B (8) the Board does hereby
refuse to support for tax exemption the several properties
situate, lying and being in Roanoke County, Virginia, now or
hereafter owned by either Friendship Manor Apartment village
Corporation or Friendship Manor, Inc., the Board being
~
~
370 I
2-14-84
not satisfied that each and every such property so owned is
operated exclusively for charitable and benevolent purposes and
I
not for profit; provided however, the Board does not hereby
undertake to determine the taxable status of each and every such
property so owned; and
3. That an attested copy of this resolution be forthwith
forwarded to the respective clerks of the Senate and House of
Delegates of Virginia and each of the applicants for such
exemption.
Adopted by the following roll call vote:
AYES: Supervisors McGraw, Brittle, Burton, Nickens
NAYS: Supervisor Minter
IN RE: RECESS
Chairman Nickens called for a ten-minute recess at 8:50
I
p.m.
IN RE: RECONVENEMENT
The meeting reconvened at 9:06 p.m.
PETITION OF ALLRED CHEVROLET, INC.
REQUESTING REZONING FROM R-l TO B-2 OF A
TRACT CONTAINING 18.566 ACRES MORE OR
LESS LOCATED ON THE NORTHEAST SIDE OF STATE
ROUTE 419 AND ON THE NORTHWEST SIDE OF
SECTIONS 8 AND 9, MONTCLAIR ESTATES, IN THE
CATAWBA MAGISTERIAL DISTRICT. REZONING
REQUESTED TO BUILD AND CONDUCT A NEW CAR
DEALERSHIP. COUNTY PLANNING COMMISSION
RECOMMENDS APPROVAL WITH PROFFERED CONDITIONS
APPROVED
Mr. Ed. Lautenschlager, attorney for Curtis Allred,
I
was present to answer any questions. There being no objections,
Supervisor McGraw moved to grant the rezoning request with
proffered conditions.
~
,....
371
2-14-84
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned
tract of land, more particularly described below, be rezoned
from Residential R-l District to Business B-2 District:
I
See Exhibit A attached hereto and made a part hereof.
EXHIBIT A
All that certain lot or parcel of real property
comprising 18.566 acres, more or less, with any improvements
thereon, lying and being in the County of Roanoke, Virginia,
which parcel consists of two parcels of real property more
particularly described as follows:
PARCEL #1
Description of 13.84-acre tract
BEGINNING at a point on the east side of Virginia Route 419 at
the northwest corner of a 3.830-acre tract, property of Montclair
Corporation recorded in Deed Book 1159, page 540 and being the
southwest corner of the property herein described; thence
leaving said beginning point and with the east side of Virginia
Route 419 with an arc of a circle to the left whose radius is
2944.79 feet and whose chord is N. 190 15' 02" W. 963.70 feet, an
arc distance of 968.06 feet to a concrete highway monument;
thence N. 280 40' 04" W. 74.41 feet to a point, corner to
property owned by Levi A. Huffman Estate; thence with the line of
same, N. 400 19' 22" E. 399.,11 feet to a post; thence N. 670 09'
30" W. 41.60 feet to a point; thence still with the line of
Huffman Estate N. 460 24' 36" W. 687.53 feet to a point; thence
N. 480 39' 32" E. 300.0 feet to a point; thence with a new line
through George R. Harris property, s. 340 01' 54" E. 803.09 feet
to a point thence with the westerly line of property conveyed to
Merrill Construction Co., Inc., S. 120 38' 25" E. 1225.0 feet to
a point; thence with the line of Montclair Corporation property.
S. 710 03' W. 329.13 feet to the BEGINNING and containing 13.84
acres.
I
PARCEL #2
Description of 4.726 acre tract being
conveyed by Levi A. Huffman Estates
BEGINNING at a point on the easterly side of Virginia Route 419
(Electric Road), at the intersection of George R. Harris property
and Levi A. Huffman property, said point being located N. 280 40'
04" W. 74.41 feet from a concrete highway monument; thence with
the easterly side of Virginia Route 419, N. 280 40' 04" W. 524.04
feet to a concrete highway monument; thence along the arc of a
circle to the right whose radius is 1829.86 feet and whose chord
is N. 200 35' 20" W. 514.35 feet, an arc distance of 516.05 feet
to a point at the southwesterly end of a 50-foot wide access
easement (0.50 acres); thence crossing the southerly end of the
access easement and with a new line through the propertey of Levi
A. Huffman Estate, S. 460 24' 36" E. passing the corner to George
R. Harris property at 212.94 feet and continuing with the line of
same, in all 900.47 feet generally along a fence to a point;
I
~
372
'" ,.11 n.ll
I
thence S. 670 09' 39" E. 41.60 feet to a post; thence still with
the line between the Huffman property and Harris property, S. 400
19' 22" W. 399.11 feet with the fence to the BEGINNING and
containing 4.726 acres.
Further, to be conveyed is an easement containing 0.29
acres for the purpose of access to and from the aforementioned
described property to Virginia Route 419, which easement is more
particularly described as follows:
Description of an access easement containing 0.29 acres
I
BEGINNING at a point on the east side of Virginia Route 419 at
the northwest corner of a 21.619-acre tract; thence leaving the
21.619-acre tract and with the at side of Virginia Route 419 with
an arc of a circle to the right whose radius is 1829.86 feet and
whose chord is N. 100 17' 00" W. 142.10 feet, an arc distance of
142.14 feet to a concrete highway monument; thence N. 80 03' 32"
W. 70.00 feet to a point at the north terminus of said access
easement; thence leaving Virginia Route 419 and with the north
terminus of said easement and through the property of Levi A.
Huffman Estate, N. 810 56' 28" E. 50.0 feet to a point; thence
continuing through the Levi A. Huffman Estate property with the
east side of said access easement, S. 80 03' 32" E. 70.00 feet
to point; thencewith an arc of a circle to the left whose radius
is 1779.86 feet and whose chord is S. 110 31' 16" E. 215.02 feet,
an arc distance of 215.16 feet to a point on the north line of
said 21.619 acre tract; thencewith same, N. 460 24' 36" W. 92.62
feet to the place of BEGINNING and containing 0.29 acres.
PROFFER OF CONDITIONS
The petitioner, Allred Chevrolet, Inc., hereby
voluntarily proffers to the Board of Supervisors of Roanoke
County, Virginia the following conditions(s) to the zoning
~equest herinaboave set forth:
That the real property which is the subject of the
~ezoning request be used only as a "new car dealership."
Adopted by the following roll call vote:
f\ YE S :
~AYS :
Supervisors McGraw, Minter, Brittle, Burton, Nickens
None
I
PETITION OF DELBERT L. & EUNICE M.
PHILLIPS REQUESTING REZONING FROM R-E TO
M-l OF A TRACT CONTAINING 1/4 ACRES AND
LOCATED ON THE NORTH SIDE OF VIRGINIA
SECONDARY ROUTE 807 APPROXIMATELY .1 MILE
WEST OF ITS INTERSECTION WITH VIRGINIA
SECONDARY ROUTE 777 IN THE CATAWBA
MAGISTERIAL DISTRICT. REZONING REQUESTED TO
PERMIT A SMALL AUTOMOBILE REPAIR GARAGE.
COUNTY PLANNING COMMISSION RECOMMENDS
APPROVAL WITH PROFFERED CONDITIONS.
APPROVED
-
~
r373
2-14-84
Mr. Delbert Phillips was present; and his neighbor, Mr.
Ben J. Fulcher spoke in favor of the rezoning. Supervisor McGraw
moved for the petition with proffered conditions.
FINAL ORDER
I
NOW, THEREFORE BE IT ORDERED that the aforementioned
tract more particularly described below, be rezoned from R-E to
M-l.
BEGINNING at a point at the southeasterly corner of
0.156-acre tract being hereby described at said point being
located S. 200 43' 26" W. 108.32 feet from an iron pipe at the
northwesterly corner of Charles R. Hale property and corner of
Delbert L. & Eunice M. Phillips property; thence from said
beginning point S. 450 47'W. 50.0 feet to a point; thence N. 280
20' W. 100.0 feet to a point; thence N. 440 13' W. 40.0 feet to a
point; thence N. 450 47' E. 50.0 feet to a point; thence S. 440
. 13' E. 40.0 feet to a point; thence S. 280 20' E. 100.0 feet to
the BEGINNING and containing 0.156 acres and being as shown on
map made by T. P. Parker & Son, Engineers and Surveyors, Ltd.
dated January 3, 1984.
BE IT FURTHER ORDERED that a copy of this order be
transmitted to the County Planner and that he be and hereby is
I
directed to reflect that change on the official zoning maps of
the County.
PROFFER OF CONDITIONS
The petitioner hereby voluntarily proffers to the Board
of Supervisors of Roanoke County, Virginia, the following
condition(s)to the zoning request hereinabove set forth.
1. Work hours 8:00 a.m. to 9:00 p.m.
3.
Zoning will return to R-E if the property is sold.
Zoning will return to R-E if Mr. Phillips dis-
continues garage.
2.
4. Insurance will be carried by the owners.
5. All work will be performed inside of the building.
6. No more than four cars or small trucks will be
I
repaired at anyone time.
Adopted by the following roll call vote:
AYE S :
Supervisors McGraw, Minter, Brittle, Burton, Nickens
NAYS:
None
-
~
~
374
2-14-84
I
PETITION OF TOM AND CAROL LACHOWICZ (L &
H COMPANY) REQUESTING REZONING FROM A-I TO
B-1 OF A TRACT CONTAINING 1/2 ACRE AND
LOCATED ON THE SOUTH SIDE OF ROUTE 221 AT
BENT MOUNTAIN, ABOUT 8 MILES FROM CAVE SPRING
CORNER AND OPPOSITE COUNTRYWOOD SUBDIVISION
IN THE WINDSOR HILLS MAGISTERIAL DISTRICT.
REZONING REQUESTED IN ORDER THAT THE EXISTING
BUILDING MAY BE USED AS A BEAUTY SALON.
COUNTY PLANNING COMMISSION RECOMMENDS
APPROVAL WITH PROFFERED CONDITIONS.
APPROVED
Mrs. Carol Lachowicz was present to answer any
questions. There being no one to speak for or against the
petition, Supervisor Burton moved that the rezoning be granted
with proffered conditions. The County Attorney, James E.
Buchholtz, advised that the wording regarding use on the Final
Order be changed to read "beauty salon" in lieu of "office."
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned
I
tract of land, more particularly described below, be rezoned from
Agricultural District A-I to Business District B-2.
Description of 0.50-Acre Tract
Being Rezoned
BEGINNING at an iron pin on the southeasterly side of
Virginia Secondary Route 221 at the northwest corner of property
owned by L & H Company, being also northeast corner of property
formerly John W. Blankenship now also owned by L & H Company;
thence with south side of Virginia Secondary Route 221 S. 860 57'
54" E. 18.66 feet to a point; thence still with Virginia
Secondary Route 221 S. 830 28' 30" E. 89.37 feet to a point;
thence with two new division lines through the property of L & H
Company S. 170 54' 27" W. 211.10 feet to a point; thence N. 780
12' 45" W. 106.25 feet to a point on the outside line of the
original L & H Company property; thence with the said old line N.
170 54' 27" E. 200.0 feet to the BEGINNING AND containing 0.50
acres and being as shown on map made by T. P. Parker & Son,
Engineers and Surveyors, Ltd. dated October 2l, 1980 revised on
January 9, 1984.
I
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.
PROFFER OF CONDITIONS
The petitioner hereby voluntarily proffers to the Board
------I
~I
,...-
3'1 5 ~
2-14-84
of Supervisors of Roanoke Counlty, Virginia, the following
conditions to the zoning request hereinabove set forth:
The building will be used as a beauty salon only and if
I
sold be used for the same or revert back to the original zoning
of A-I.
Adopted by the following roll call vote:
AYE S :
Supervisors McGraw, Minter, Brittle, Burton, Nickens
NAYS:
None
PETITION OF THE SUPERINTENDENT, DEPARTMENT OF
DEVELOPMENT, TO AMEND CHAPTER 8.1 (SOIL AND
EROSION) OF THE ROANOKE COUNTY CODE TO
INCLUDE THE TOWN OF VINTON UNDER THE
PROVISIONS OF THE ORDINANCE AND TO DEFINE
SPECIFIC RESPONSIBILITIES OF ADMINISTRATION
REVIEW ENFORCEMENT BETWEEN THE
SUPERINTENDENT, DEPARTMENT OF DEVELOPMENT,
AND SUPERINTENDENT, DEPARTMENT OF PUBLIC
FACILITIES.
APPROVED
Superintendent of the Department of Development,
I
Timothy Gubala, explained that the Board had addressed this item
at their January 24, 1984, meeting for the purpose of
streamlining the erosion and sediment control ordinance and
including the Town of Vinton in the program. Mr. Gubala
outlined that the initial soil and erosion control plan would be
submitted to the Department of Development who would coordinate
inspections with the Department of Public Facilities. Enforcing
the plan, issuing the permit, and maintaining the bond would be
the responsibility of the Department of Development.
Subsequent to answers to her questions, Supervisor
Burton moved to adopt the prepared ordinance changing the
compliance requirements in Section 8.1-10.c from 15 to 10 days.
ORDINANCE NO. 84-32 AMENDING CERTAIN SECTIONS OF
CHAPTER 8.1. EROSION AND SEDIMENT CONTROL OF THE
ROANOKE COUNTY CODE
I
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That certain sections of Chapter 8.1. Erosion and
I Sediment Control be amended to read and provide as follows:
~
I
~
~
2-14-84
376
* * * *
Section 8.1-2. Application.
I
Except as provided for in Section 8.1-4 of this chapter, no
person may engage in any land disturbing activity until such
person has submitted to, has had reviewed by and has had approved
by the Superintendent, Department of Development, an erosion and
sediment control program for such land disburbing permit. The
Department of Development will receive applications for soil and
erosion permits, coordinate their review with the Department of
Public Facilities, establish bonding procedures, and issue soil
and erosion permits.
It is further the intent of this chapter to be administered,
where applicable, in conjunction with both the county's
subdivision and zoning ordinances wherein such apply to the
development and subdivision of land within the county or where
such apply to development on previously subdivided land within
the county.
* * * *
Section 8.1-6. Control programs generally.
I
(a) An erosion and sediment control plan is required under
this chapter and shall detail those methods and techniques to be
utilized in the control of erosion and sediment in accordance
with Chapters 3 and 6 of the Virginia State Erosion and Sediment
Control Handbook.
The objective of programs for the control of soil erosion
and sedimentation shall be as follows:
(1) To insure that significant volumes of water borne
sediment are not deposited on property, public or private, or in
public waterways, natural or manmade, as a result of development.
(2) To insure that downstream storm drainage facilities are
not unduly diverted or reduced in capacity by siltation or
overtaxed by increased storm runoff.
(3) To insure that the capacity of any downstream water
impoundment is not reduced by siltation.
(4) To insure that permanent facilities and features of the
proposed development are not harmfully affected by erosion and
sedimentation.
(5) To insure the appropriate restriction or remedial
treatment for land disturbing activity on unstable ground.
I
(6) The expected date of termination of land alteration
will be specfied in the program. If the alteration approved in
the program is not completed by the stated date, the permit
expires. Extensions may be requested. A special permit for the
removal of soil, gravel or sand for the purposes of sale or
resale may be issued which does not require a completion date.
For this type of permit, all other requirements of this chapter
shall be complied with.
(b) The Superintendent, Department of Public Facilities
shall be responsible for the review of and recommendations to the
submitted programs for the control of erosion and sedimentation.
-
~
r 377
i
2-14-84
(c) Where programs are not required, the land owner has the
responsibility of seeking to achieve the objectives stated in
subsection (a) of this section using whatever measures are
appropriate as suggested in Section 8.1-8 and shall be liable for
erosion, siltation, or water damages resulting directly from
alteration of the terrain.
Section 8.1-7. Site plans generally.
I
* * * *
(e) Approval of the program and issuance of a land
disburbing permit shall be done by the Superintendent, Department
of Development.
Section 8.1-10. Elimination of existing conditions; failure to
comply with program or site plan.
(c) Should the applicant fail to comply with the
requirements of the program or site plan, the Superintendent,
Department of Development shall give notice of such failure to
comply, in writing, addressed to the applicant at his last known
address, stating that the applicant shall have ten (10) days
within which to comply with those requirements. Upon the
expiration of the above ten (10) days, and upon a further
determination that the requirements have not been complied with,
the Superintendent, Department of Development shall give the
applicant five (5) days written notice of his intention to have
the county proceed to have the necessary work done to comply with
such plan. Upon the expiration of the above five (5) days and
upon a further determination that the requirements have not been
complied with, the Superintendent shall call in the bond, letter
of credit, or escrow account that has been posted to insure that
the necessary work shall be done to comply with the plan and
shall forthwith institute all necessary measures and procedures
to insure completion of the work.
I
Section 8.1-11. Land disturbing permits generally; approval of
plans and programs.
(a) Except as provided in Section 8.1-4 of this chapter, no
person shall engage in any land disturbing activity within the
county until he has acquired a land disturbing permit from the
Superintendent, Department of Development.
(b) Issuance of a land disturbing permit is conditioned
upon an approved erosion and sediment control program which plan
or certification of such shall be presented at the time of
application for such a permit.
(c) The Superintendent, Department of Development shall
approve any erosion and sediment control program or site plan
submitted to him within a reasonable period of time, not to
exceed forty-five days, consistent with the size of the proposed
project.
Section 8.1-13. Appeals.
I
Any person jointly or severally aggrieved by any final
decision of the Superintendent, Department of Development may
appeal to a court of record of the county, by filing a petition,
duly verified, setting forth that such decision is illegal, in
whole or in part, specifying the grounds of the illegality. Such
petition shall be presented to the court within thirty (30) days
after the final decision of the Superintendent, Department of
Development.
-
~
-..,
378
2-14-84
Section 8.1-14. Penalties, injunctions, etc.
I
A violation of this chapter shall be deemed a class
1 misdemeanor and upon conviction shall be subject to a fine not
exceeding one thousand dollars or thirty days imprisonment for
each violation or both; provided, conviction pursuant hereto
shall not relieve any person, firm, or corporation from the
civil duties and responsibilities hereunder.
The Superintendent, Department of Development may apply to
the circuit court of the county for injunctive relief to enjoin a
violation or a threatened violation of this chapter, without the
necessity of showing that there does not exist an adequate remedy
at law.
The County Attorney shall, upon request of the
Superintendent, Department of Development take legal action to
enforce the civil provisions of this chapter.
Compliance with the provisions of this chapter shall be
prima facie evidence in any legal or equitable proceeding for
damages caused by erosion, siltation or sedimentation that all
requirements of law have been met and the complaining party must
show negligence in order to recover any damages.
Section 7.1-17. Applicability to Town of Vinton.
I
The provisions of this chapter shall be applicable within
the corporate limits of the Town of Vinton. Administrative
procedures and review fee may be established to accomodate the
review of soil and erosion plans for developments located within
the Town.
This amendment shall be in full force and effect from and
after its passage.
Adopted by the following roll call vote:
AYE S :
Supervisors McGraw, Minter, Brittle, Burton, Nickens
NAYS:
None
IN RE:
CITIZENS COMMENTS AND COMMUNICATIONS
Supervisor McGraw requested that the appearance of Mr.
Wayland Winstead, Chairman of Glenvar Youth Boosters Recreational
Planning Committee, be coordidnated with Item IB-25 of the
I
Consent Agenda and also a report prepared by him. He explained
that there was no lighting available in the parks and recreation
facilities of the Catawba Magisterial District. He then
introduced Mr. Winstead.
Mr. Winstead first thanked the County Administrator
and his staff for their cooperation in opening the lines of
-
~
~
I
379
2-14-84
communication with the Glenvar Youth Boosters during the last ten
months. He stated that with the development of the Comprehensive
Plan, it appeared that additional park facilities for the Catawba
I
District would not be a reality for another two years. Recent
changes in charter regulations between Salem Little League and
the Glenvar Youth Boosters will result in approximately 130
additional children participating in the softball and baseball
programs this season - increasing the need for facilities this
year. Mr. Ed Robison has volunteered approximately $1,000 worth
of labor and grading equipment, and the Youth Boosters have
volunteered their time to improve their recreational facilities.
A request for total allocation of approximately $93,000 was
presented to the Board.
County Administrator, Donald R. Flanders, told the
Board that since the lighting probably could not be completed
until next year that they could adopt a resolution allocating
I
funds in the 1984-1985 budget. Since assistance is needed for
the current year, and at the request of Supervisor McGraw, Mr.
winstead listed the lighting priorities in the following order:
Glenvar Elementary School, Whispering Pines, Glenvar High School,
in addition to a t-ball field at McVitty Park.
Supervisor Burton explained that although she
supports the need for the project, she is concerned with the
inadaequacy of the unappropriated balance carried by Roanoke
County. Chairman Nickens expressed the same concern and
questioned whether some money might be allocated from parks and
recreation grants. Supervisor Minter moved that a $54,000
appropriation resolution be prepared and spread in the Minutes
I
which would allocate funds for Glenvar Elementary School,
Whispering Pines, and the smaller projects; and that the $40,676
Glenvar High request be held for consideration in the 1984-1985
budget.
~
I
-..,
2-14-84
380
RESOLUTION NO. 84-33
On motion by Supervisor Minter, the General
Appropriation Resolution of Roanoke County, Virginia, adopted
I
June 14, 1983, be, and is the same hereby amended as follows to
become effective February 14, 1984:
DESCRIPTION
Class:
Fund:
Object:
Fund:
Object:
Class:
Fund:
Object:
I
AYES:
NAYS:
IN RE:
ACCOUNT NUMBER
INCREASE
(DECREASE)
Expenditures
Capital
Whispering Pines Park
Glenvar Park
Shamromck Park
16-6-60203-00000
16-6-60204-00000
16-6-60206-00000
$29,960
20,139
3,901
General
Transfer to Capital 03-6-09316-90016
Fund
Unappropriated Balance 03-6-99999-99999
54,000
(54,000)
Revenues
Capital
Transfer from General 16-5-51030-00000
Fund
54,000
To appropriate money for park projects.
Adopted by the following roll call vote:
Supervisors McGraw, Minter, Brittle
Supervisors Burton, Nickens
REPORTS OF OFFICERS, DEPARTMENTS, AND COMMITTEES
School Board - Mr. Homer Duff presented a
resolution requesting permission to submit application to the
Literary Fund Program for the identified improvements to Cave
Spring High School, William Byrd High School, Glenvar High School
Mason's Cove School, Back Creek School, and Glenvar Elementary
School. Supervisor Brittle moved the following prepared
I
resolution:
RESOLUTION NO. 84-34 AUTHORIZING THE
ROANOKE COUNTY SCHOOL BOARD TO SUBMIT A
CERTAIN LITERARY FUND LOAN APPLICATION
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Roanoke County School Board, through its
appropriate officials, be, and hereby is, authorized to submit a
-
~
~
381
2-14-84
certain Literary Fund Loan Application in the amount of
$2,854,000 for funds to provide certain improvements, to-wit:
Cave Spring High School: multipurpose room,
industrial arts
lab
$750,000
I
william Byrd High School: multipurpose room
($150,000 - already approved)
150,000
Northside High School:
energy conservation:
engineering study, windows,
air conditioning 500,000
Glenvar High School:
energy conservation:
engineering study, windows,
air conditioning 500,000
Northside High School:
multipurpose room
275,000
Glenvar High School:
multipurpose room
275,000
Mason's Cove School: cafeteria
($136,000 - already approved)
64,000
Back Creek School: kindergarten addition
($225,000 - already approved)
40,000
Glenvar Elementary:
classroom addition
300,000
$2,854,000
I
TOTAL
2. That attested copies of this resolution be forthwith
transmitted to the Clerk of the Roanoke County School Board for
inclusion in the loan application submittal.
Adopted by the following roll call vote:
AYE S :
Supervisors McGraw, Minter, Brittle, Burton, Nickens
NAYS:
None
At the request of Chairman Nickens, Mr. Duff then
explained that the Mount Pleasant addition will be ready for
occupancy by the end of the week. Supervisor Brittle inquired
about the status of the $100,000 renovation to the present
School Board Building. Mr. Duff told him that the Construction
I
Fund Committee and the School Board discussed this and determined
that proposed repairs to the windows and air conditioning would
improve the future saleability of the facility. Supervisor
McGraw offered his opinion, based on his experience in real
estate in the City of Salem, stating that the condition and the
location of the building would not yield any increased return on
-
L
-.,
I
2-14-84
3821
this investment. Chairman Nickens requested that Mr. Duff relate
the Board's concern to the School Board and that both Boards
I
discuss the possibility of other alternatives.
Public Facilities~ Superintendent, John Hubbard,
stated that the 1990 Highway Classification has been on the
agenda for several months and that information has finally been
received. In order to revise the 1985 Highway Functional
Classification and Realigned Federal Aid Highway System, the
Highway Department requested that a resolution be adopted so that
a complete report could be sent to Richmond to obtain
classification for highway urban funds.
Supervisor Burton moved
the following resolution:
RESOLUTION NO. 84-35 REVISING THE "1985
HIGHWAY FUNCTIONAL CLASSIFICATION" AND
"REALIGNED FEDERAL-AID HIGHWAY SYSTEMS"
FOR ROANOKE COUNTY
I
WHEREAS, the Federal-Aid Highway Act of 1973 required that
the Virginia Department of Highways and Transportation realign
the Federal-Aid Highway Systems in Virginia by July 1, 1976, on
the basis of their current and anticipated functional usage; and
WHEREAS, the Virginia Department of Highways and
Transportation has previously functionally classified the State
Highways in accordance with the guidelines presented in the
"Highway Functional Classification Manual" (Volume 20, Appendix
12, Highway Planning Program Manual) and developed the Realigned
Federal-Aid Systems for Virginia in accordance with the
Federal-Aid Highway Program Manual (Volume 4, Chapter 6, Section
7); and
I
WHEREAS, the Roanoke County Board of Supervisors on
September 24, 1975, concurred with the "1985 Highway Functional
Classification" and "Realigned Federal-Aid Highway Systems" for
the County as developed by the Virginia Department of Highways
and Transportation; and
WHEREAS, the Virginia Department of Highways and Transpor-
tation has updated the Functional Classification/Federal-Aid High-
--
-
~
"...-
383
2-14-84
way Systems in accordance with the aforementioned Federal regula-
tions.
NOW, THEREFORE, BE IT RESOLVED that the Board of Super-
I
visors of Roanoke County concurs with the "1990 Highway Func-
tional Classification" and "Realigned Federal-Aid Highway System"
for Roanoke County as updated by the Virginia Department of High-
ways and Transportation.
Adopted by the following roll call vote:
AYES:
Supervisors McGraw, Minter, Brittle, Burton, Nickens
NAYS:
None
Fiscal Management - Superintendent, John
Chambliss, highlighted the financial statements for the period
ending December 31, 1983. He reported that several major
revenue items (real estate taxes, public service collections,
building fees, and sales taxes) reflect the upward swing in the I
economy; and that the County revenue estimates appear to be on
target. He indicated that a $35,252 excess insurance coverage
settlement check has been deposited to the health insurance fund,
bringing the balance to $68,000 as of December, 1983.
Mr. Chambliss then presented a bid report for a
telephone consultant service for the new courthouse to help
determine whether it is feasible to continue the present Centrex
System or convert to a PBX System. Supervisor Brittle moved the
following prepared resolution:
RESOLUTION NO. 84-36 ACCEPTING A CERTAIN
PROPOSAL MADE TO THE COUNTY OF ROANOKE FOR
TELEPHONE CONSULTANT SERVICES FOR THE DESIGN
AND INSTALLATION OF A TELEPHONE COMMUNICATIONS
SYSTEM FOR THE NEW COURTHOUSE
I
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
virginia, as follows:
1. That that certain proposal of Communications Consultants
Corporation of virginia in an amount not to exceed $12,015 for
telephone consultant services for the design and installation of
-
......
~
2-14-84
384
a telephone communications system for the new Courthouse, upon
all and singular the terms and conditions of the invitation to
bid, the specifications of the County of Roanoke, the bidder's
I
proposals, and the provisions of this resolution, be, and the
same hereby is ACCEPTED; and
2. That the County Administrator is hereby authorized and
directed to enter into a contract upon a form approved by the
County Attorney for this service; and
3. That all other bids for this service are hereby rejected
and the County Clerk is directed to so notify such bidders and
express the County's appreciation for the submission of their
bids.
4. That the General Appropriation Resolution of Roanoke
County, Virginia, adopted June 14, 1983, be, and the same hereby
is, amended as follows to become effective February 14, 1984:
I
DESCRIPTION
Class:
Fund:
Object:
Fund:
Object:
Object:
Class:
Fund:
Object:
AYE S :
I
NAYS:
ACCOUNT NUMBER
INCREASE
(DECREASE)
Expenditures
Capital Projects
New Courthouse
Telephone System
16-6-60202-00000
$12,015
General
Transfer to Capital
Projects Fund
Unappropriated
Balanced
03-6-09316-90016
03-6-99999-99999
$12,015
($12,015)
Revenues
Capital Projects
Transfer from
General Fund
16-5-51030-00000
$12,015
Adopted by the following roll call vote:
Supervisors McGraw, Minter, Brittle, Burton, Nickens
None
Department of Development - Superintendent,
Timothy Gubala, outlined the different alternatives the staff has
reviewed for controlling mobile homes in the County.
Supervisor Minter moved that the staff recommendations for mobile
home regulations be referred to the Planning Commission with the
-
~
"..-
3 8 5 1
2-14-84
expression of the Board's concern that citizens still be given
the opportunity for objection at the public hearing process. The
motion carried by a unanimous voice vote.
Mr. Gubala also informed the Board that a definition
and policies are needed to control borrow pits and earth
excavating projects. Supervisor Minter moved that this be
referred to the Planning Commission to set up standards,
guidelines, and bond provisions. The motion carried by a
unanimous voice vote.
The Department of Development is coordinating cleanup
of tire dumps with the State Division of Solid Waste
Management whereby citizens collecting tires on their property
need to have a statement of intent, method of disposal, and
safety provisions.
Personnel - Personnel Officer, Keith Cook had no
I
report.
I
County Attorney - James E. Buchholtz had no
report.
County Administrator - Donald R. Flanders
requested an Executive Session to discuss legal, real estate,
and personnel matters.
The Library Director, George Garretson, has
recommended a 1,875-square-foot expansion to the Vinton
Library; and Mr. Bob Frye, of VVKR, was present to discuss the
cost estimate. Pursuant to discussing the reconstruction cost
and outlining the details of expansion and the cost savings
involved, Supervisor Minter moved to support the concept of
expanding the library to coincide with the reconstruction, and
that a change order reflecting the exact cost of. the expansion be
brought back to the Board. The motion carried by the following
roll call vote:
I
AYE S :
NAYS:
Supervisors McGraw, Minter, Brittle, Nickens
Supervisor Burton
-
~
~
2-l4-84
'"' ,-') 6 ,
(') ð
The Highway Transportation Safety Commission was
abolished by the State legislature and needs to be officially
I
recreated in order to allow Roanoke County to proceed with
processing requests for grant approvals. Supervisor Minter moved
the following prepared resolution requesting a list of members
at the March 13 meeting so that they can be considered for
reappointment and determination can be made regarding those
citizens currently serving on this Commission.
RESOLUTION NO. 84-37 ESTABLISHING THE
ROANOKE COUNTY HIGHWAY AND TRANSPORTATION
SAFETY COMMISSION AND PROVIDING FOR THE
MEMBERSHIP ON SAID COMMISSION
WHEREAS, by act of the General Assembly, §33.1-398 of the
1950 Code of Virginia, as amended, providing authority for
localities to establish Highway and Transportation Safety
Commissions, was repealed in 1981 and no substitute enabling
I
legislation was enacted to continue such authority in local
governments; and
WHEREAS, the Board of Transportation Safety, a state agency
responsible for processing applications for highway and
transportation safety grants has refused to process such grants
unless same are approved by the local commission.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That there be, and hereby is, established from and
after April 1, 1984, and until further order of the Board, the
Roanoke County Highway and Transportation Safety Commission,
I
which commission shall have the duty and responsibility to (a)
review, examine, and approve all highway safety grants and
recommend same to the Board of Supervisors for submission, (b)
promote all highway and transportation safety programs, i.e.
highway, rail, water, and air safety, (c) make recommendations
through the Board of Supervisors to the Virginia Department of
Highways and Transportation regarding signs, road improvements,
-
~
~
387'
2-14-84
and engineering improvements, and (d) develop and establish
through the Board of Supervisors a safety program for the County
and sponsor an annual awards banquet for persons excelling in the
I
application of safety measures and procedures; and
2. That there shall be eleven (11) members of the
Commission who shall be residents of Roanoke County appointed by
the Board of Supervisors on recommendation of the County
Administrator. The members of the Commission shall serve for
terms of four (4) years, but no member shall serve for more than
two (2) full successive terms. Initial appointments to the
Commission shall be made as follows: two (2) shall be for terms
of one (1) year, three (3) shall be for terms of two (2) years,
three ( 3 ) shall be for terms of three ( 3 ) years, and three ( 3 )
shall be for terms of four ( 4 ) years, and thereafter all
appointments shall be for terms of four years and the members of
the Commission shall annually elect its own chairman. The
I
members of the Commission shall be reimbursed for their necessary
and actual expenses incurred in the performance of their duties.
3. That there shall be such advisory members of the
Commission as shall from time to time be determined appropriate
by the Board of Supervisors.
Adopted by the following roll call vote:
AYES: Supervisors McGraw, Minter, Brittle, Burton, Nickens
NAYS: None
Mr. Flanders explained that the Animal Control Officers
should be enrolled in law-enforcement training classes provided
by the Cardinal Criminal Justice Academy. Supervisor Minter
an agreement with the Academy:
I
moved the following resolution approving authority to enter into
RESOLUTION NO. 84-38 ACCEPTING A CERTAIN
PROPOSAL FROM THE CARDINAL CRIMINAL JUSTICE
ACADEMY TO PROVIDE CERTAIN LAW ENFORCEMENT
TRAINING TO THE ROANOKE COUNTY ANIMAL
CONTROL OFFICERS
BE IT RESOLVED by the Board of Supervisors of Roanoke
------
County, Virginia, as follows:
~
~
2-14-84
388
1. That that certain proposal of the Cardinal Criminal
Justice Academy to provide law enforcement training to the Animal
I Control Officers of Roanoke County at an annual fee of $60 per
trainee, be and same hereby is, accepted and approved; and
2. That the County Administrator be, and hereby is,
authorized and directed to execute such agreement as may be
necessary to provide such training for the Roanoke County Animal
Control Officers, same to be upon form approved by the County
Attorney.
AYE S :
NAYS:
Adopted by the following roll call vote:
Supervisors McGraw, Minter, Brittle, Burton, Nickens
None
I
The water contract final draft will be complete by
February 26; and the City of Roanoke, the Town of Vinton, and the
City of Salem have been contacted requesting a date to start the
review process early in March.
Chairman Nickens has also begun work on reinstituting
the quarterly meetings.
I
IN RE: REPORTS AND INQUIURIES OF BOARD MEMBERS
Supervisor McGraw - no report.
Supervisor Minter - moved that it be officially
included in the Board of Supervisors Minutes that Roanoke County
is responsible for pothole patching and minimum repairs to
Verndale Road and that Verndale Road would be maintained
until it could be brought up to standard to be included in the
State System. The motion carried by a unanimous voice vote.
Supervisor Brittle - moved to direct the staff to
advertise and secure proposals for audit assistance for the
Commissioner of Revene to conduct a study of tax-exempt
organizations. The motion carried by a unanimous voice vote.
~
~
r
I
3891
?-lL1.-AL1.
The County Administrator is communicating with Mr. Fred
Altizer, of the Highway Department regarding the flooding on
Supervisor Burton - regarding Item #24 of the
I
Chaparral Drive.
Consent Agenda, Supervisor Burton moved that the Virginia
Department of Highways and Transportation be requested to erect
I 25-mile-per-hour speed limit signs at a cost of $45 per sign on
Sugar Loaf Mountain Road. The motion carried by a unanimous
voice vote.
Chairman Nickens - inquired about the $160
telephone cost approved in the parks and recreation
appropriation resolution earlier in the meeting stating that the
individual recreation departments are responsible for installing
phones at a cost of $80 each. Jonn Hubbard advised he would
communicate with the Glenvar Youth Boosters about this stating
I
that he felt sure the $160 would be refunded. Supervisor Brittle
explained that C & P is volunteering at their cost to install
free toll telephones in the jails. Mr. Hubbard is to check into
the details of this concept.
IN RE: APPOINTMENTS
Supervisor Burton moved to reappoint Mrs. Louise Groff,
of the Windsor Hills Magisterial District, to another two-year
term on the Grievance Panel effective February 23, 1984. The
motion carried by a unanimous voice vote.
Supervisor Brittle moved to appoint Mrs. Lee Blair to
the Human Services Committee which was created at the Work
Session prior to this meeting, and the motion carried by a
I
unanimous voice vote. Chairman Nickens stated that all members
will be appointed at the February 28, 1984 meeting.
IN RE:
EXECUTIVE SESSION
~
390
2-14-84
I
At 11:30 p.m. Supervisor Minter moved to go into
Executive Session pursuant to the Code of Virginia, Section
2.1-344(a) (1), (2), and (6) to discuss personnel, real estate,
and legal matters. The motion carried by a unanimous voice vote.
IN RE: OPEN SESSION AND ADJOURNMENT
Supervisor Minter moved to return to Open Session at
12:10 a.m., and the motion carried by a unanimous voice vote.
Supervisor McGraw moved to adjourn, and the motion carried by a
unanimous voice vote.
~
I
I