5/11/1982 - Regular
5-11-82
4081
Roanoke County Board of Supervisors
Salem-Roanoke County Civic Center
Salem, Virginia
May 11, 1982
The Board of Supervisors of Roanoke County, Virginia, met this
I
day in open session at the Salem-Roanoke County Civic Center in Salem,
Virginia, this being the second Tuesday and the first regular meeting of
the month of May, 1982.
Members present: Supervisor Athena E. Burton, Vice-Chairman,
Supervisors May W. Johnson, Gary J. Minter and Robert E. Myers.
Members Absent:
Chairman Edward C. Park, Jr.
IN RE:
CALL TO ORDER
In the absence of Chairman Park, Vice Chairman Athena Burton
conducted this meeting. It was called to order at 6:05 p.m.
I
IN RE:
EXECUTIVE SESSION
Supervisor Johnson moved that the Board go into executive
session to discuss real estate, legal matters related to application of
the Freedom of Information Act, and two items of pending litigation.
Her motion was adopted by a unanimous voice vote.
IN RE:
CALL TO ORDER
At 7:05 the Supervisors returned to the meeting room and on
motion of Supervisor Johnson and a unanimous voice vote, returned to open
session. Vice-Chairman Burton advised those present that the meeting
had already been called to order and that the Board had just been in
I
executive session to discuss real estate and legal matters.
IN RE:
INVOCATION/PLEDGE OF ALLEGIANCE
Director of Finance John M. Chambliss, Jr. offered the invocation;
the pledge of alle8iance to the flag was then recited in unison by all
present.
~
"...-
5-11-82
409
IN RE:
ITEMS SUBMITTED FOR INFOR}~TION
Supervisor Johnson moved that the County Administrator's report
on referrals to the Planning Commission and the Treasurer's March, 1982
report be received and filed. Her motion was adopted by a unanimous voice
I
vote.
IN RE:
REPORT OF CHAIRMAN OF ROANOKE VALLEY INDUSTRIAL FACT FINDING
COMMISSION
Mr. James E. Jones, Chairman of the Roanoke Valley Industrial
Fact Finding Commission was present. Be expressed his pleasure that the
County and City of Roanoke had formed the Commission, which would help
provide jobs and increase the tax base throughout the area. For the
benefit of the two new Supervisors, Mr. Jones outlined the beginnings of
the Commission and listed their accomplishments since. These included site
surveys prepared with the help of the local chambers of commerce and a
seven-state survey of just what industries are seeking in regard to site,
public utilities, etc. Mr. Jones described how the Commission members
I
had been divided into three subcommittees: (1) industrial site committee,
(2) site development committee, and (3) finance committee. He also advised
that members visited the Research Triangle in North Carolina. He then
presented to Mrs. Burton a report prepared by the Salem-Roanoke County
Chamber of Commerce. He reminded the Supervisors that information on flood
plain areas as they would affect industrial sites is very important and is
now available. He then read the Commission's recommendations, previously
submitted to the Supervisors, that Salem, Vinton, and Botetourt County
be invited to join the Commission, each member locality to have equal
representation and that a task force be appointed to be composed of three
representatives from each political subdivision to develop and present
short- and long-range objectives. He also recommended that vacant land
I
already owned by the participating political subdivisions be inventoried
and set aside as industrial sites.
Mrs. Burton thanked him and the Commission for their time and
effort. Supervisor Johnson then moved for the adoption of the prepared
resolution.
-I
I
L
I
~;
~
5-11-82
41 0 f
IN RE:
RESOLUTION NO. 3129 CONCURRING IN CERTAIN RECOMMENDATIONS
OF THE ROANOKE VALLEY INDUSTRIAL FACT FINDING COMMISSION
AND TAKING FORMAL ACTION RELATING TO SUCH RECOMMENDATIONS.
I
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That in concurrence with the recommendation of the Roanoke
Valley Industrial Fact Finding Commission and the prior action of
this Board, the City of Salem, the Town of Vinton, and the County
of Botetourt, are formally invited to join with the County and the
City of Roanoke as a part of the Roanoke Valley Industrial Fact
Finding Commission, each of said localities, should they accept such
invitation, to have equal representation in the membership of said
organization;
2. That in concurrence with the Roanoke Valley Industrial Fact
Finding Commission recommendation that a Task Force or Working Committee
be established comprised of three (3) representatives of each member
I
political subdivision in the Commission, that Donald R. Flanders,
County Administrator, Timothy W. Gubala, County Planner and Bill
Board, Executive Vice-President of the Salem/Roanoke County Chamber
of Commerce, be and they hereby are, appointed as Roanoke County
representatives on said Task Force or Working Committee, and the
balance of the recommendation of the Commission relating to ex
officio membership on said Task Force or Working Committee is
approved.
Adopted on motion by Supervisor Johnson and the following recorded
vote.
AYES:
Supervisors Johnson, Myers, Minter and Burton
NAYS:
None
I
ABSENT:
Supervisor Edward C. Park, Jr.
Vice Chairman Burton then deviated from the order of the
prepared agenda by recognizing Mr. Homer Duff, Director of Business and
Finance for the County School Board. Mr. Duff had another meeting to go
to and requested that he be allowed to transact his business and leave.
He explained that the School Board was requesting the Supervisors'
~
"..-
5-11-82
411
authorization to buy a tract of land and the necessary funds for that
purpose. He further explained the land was adjacent to William Byrd High
School and would be used for construction of a new junior high school.
Supervisor Minter moved adoption of the following, prepared resolution:
I
IN RE:
RESOLUTION NO. 3138 AUTHORIZING AND CONCURRING IN THE
REQUEST OF THE ROANOKE COUNTY SCHOOL BOARD TO PURCHASE
CERTAIN REAL ESTATE ADJACENT TO THE WILLIAM BYRD HIGH
SCHOOL PROPERTY.
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That that certain request of the Roanoke County School Board
to purchase 13.4 acres, more or less, adjacent to the William Byrd
High School property in Roanoke County for a sum not to exceed
$116,000.00, said real estate being needed for the purpose of future
Adopted on motion by Supervisor Gary Minter and adopted by
,I
II
1
I
I
I
I
I
I
expansion of school facilities in the eastern part of the County,
be, and same hereby is concurred in and is authorized to be consumated;
and
2. That an attested copy of this resolution be forthwith delivered
to the Clerk of the Roanoke County School Board.
the following recorded vote.
AYES:
Supervisors Johnson, Myers, Minter, and Burton
NAYS:
None
ABSENT:
Chairman Edward C. Park, Jr.
I
I
i
I
I
I
I
I
i
I
I
I
I
I
I
I
i
I
i
i,
Supervisor Minter also moved adoption of the following, prepared
Class:
Fund:
Source:
Revenues
School Bond Construction
Beginning Balance 49-5-99999-99999
$116,000
I
I
I
I I
is II
I
I
I
I
I
I
I
I
I
I
I
appropriation resolution:
IN RE:
APPROPRIATION RESOLUTION NO. 3139
On motion made by Supervisor Minter, the General Appropriation
Resolution of Roanoke County, Virginia, adopted June 23, 1981 be and
the same hereby amended as follows to become effective May
DESCRIPTION
ACCOUNT NUMBER
11, 1982:
INCREASE
(DECREASE)
~li
...,
5-11-82
412
DESCRIPTION
ACCOUNT NUMBER
INCREASE
(DECREASE)
Class:
Fund:
Dept:
Expenditures
School Bond Construction
Construction 49-6-49000-00000
$116,000
I
Adopted by the following recorded vote.
AYES: Supervisors Johnson, Myers, Minter, and Burton
NAYS:
None
ABSENT:
Chairman Edward C. Park, Jr.
IN RE:
PUBLIC HEARINGS
APPLICATION OF JESSE AND ELIZABETH FISHER FOR A
SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 4
ACRE TRACT ON THE EAST SIDE OF STATE ROUTE 649,
ABOUT 800 FEET FROM ITS INTERSECTION WITH ROUTE
639 IN THE CATAWBA MAGISTERIAL DISTRICT.
*
*
* Continued to
* June 8, 1982
*
Mr. and Mrs. Fisher were present for this public hearing. When
Mrs. Burton asked if there was anyone present to oppose this application,
a Mr. John K. Muncy from Route 3, Salem, came forward. He and his wife
said they did not oppose the Fishers having the mobile home on their
I
property, but they were opposed to the proposed location, that it was too
close to the Muncy property line. Mrs. Burton asked Zoning Inspector
Claude G. Lee about County regulations pertaining to the distance a mobile
home must set from property lines; he advised that it was 50 feet. He
also advised that the Fisher mobile home will be no closer to their
property line than 50 feet and that they have been issued a variance permit
from the Board of Zoning Appeals because the mobile home will not be owner
occupied.
Supervisor Myers moved that this hearing be continued until
June 8, 1982, by which time he would have had an opportunity to visit and
evaluate the site. His motion was adopted by a unanimous voice vote.
I
IN RE:
APPLICATION OF GLORIA B. GUTHRIE FOR A SPECIAL
EXCEPTION TO PARK A MOBILE HOME ON A 42.93-ACRE
TRACT ON THE SOUTH SIDE OF STATE ROUTE 845, BEHIND
THE RED HILL CHURCH OF GOD IN THE CAVE SPRING
MAGISTERIAL DISTRICT.
oft
*
*
,,<
APPROVED
Mrs. Gloria B. Guthrie was present for this hearing; there was
no opposition. Supervisor Johnson moved that the request be approved,
subject to the provisions of the County Zoning Ordinance as it pertains to
mobile homes. Her motion was approved by the following, recorded vote.
~
,....--
413
5-11-82
AYES:
NAYS:
ABSENT:
IN RE:
Supervisors Johnson, Myers, Minter, and Burton
None
Chairman Edward C. Park, Jr.
APPLICATION OF EDWARD L. WITT FOR A SPECIAL EXCEPTION
TO PARK A MOBILE HOME ON A 2l.7-ACRE TRACT ON STATE
ROUTE 786, ABOUT 1/2 MILE OFF ROUTE 612 ON BENT
MOUNTAIN IN WINDSOR HILLS MAGISTERIAL DISTRICT.
)~
I
*
* APPROVED
";~
Mr. Edward L. Witt was present for this hearing; there was no
opposition. Supervisor Myers moved that the permit be granted, subject to
the provisions of the County Zoning Ordinance as it pertains to mobile
homes. His motion was approved by the following recorded vote.
AYES: Supervisors Johnson, Myers, Minter, and Burton
NAYS: None
ABSENT: Chairman Edward C. Park, Jr.
IN RE:
APPLICATION OF T. GREER ROBERTSON FOR A SPECIAL
EXCEPTION FOR A HOME OCCUPATION TO CONDUCT A
PRINTING BUSINESS IN HIS RESIDENCE AT 1247 TERRACE
DRIVE, SALEM (GREEN HILL SUBDIVISION) IN THE CATAWBA
MAGISTERIAL DISTRICT.
*
*
* APPROVED
*
I
Mr. T. Greer Robertson was present for this hearing; there was
no opposition. Supervisor Johnson asked him what kind of printing he
planned to do. He advised that he was retired and that his printing
business would be a hobby. Mrs. Johnson suggested that he not use signs to
advertise and Mr. Robertson said he did not intend to. Supervisor Myers
moved that this permit be granted. The motion was adopted by the following
recorded vote.
AYES:
NAYS:
ABSENT:
IN RE:
Supervisors Johnson, Myers, Minter and Burton
None
Chairman Edward C. Park, Jr.
APPLICATION OF PAMELA C. HARDIE FOR A SPECIAL
EXCEPTION FOR A HOME OCCUPATION PERMIT TO OPERATE
A ONE-CHAIR BEAUTY SHOP IN HER RESIDENCE AT 743
GOODLAND AVENUE (SUMMERDEAN GARDENS SUBDIVISION)
IN HOLLINS DISTRICT.
*
I
*
)~ APPROVED
*
Mrs. Pamela C. Hardie was present for this hearing; there was no
opposition. Supervisor Minter asked what the staff recommended. County
Planner Timothy W. Gubala advised that they recommend approval for one year.
I
~Il
~
5-11-82
414
Mr. Minter moved that the permit be approved for the one year period
recommended. The motion was adopted by the following, recorded vote:
AYES:
Supervisors Johnson, Myers, Minter, and Burton
I
NAYS:
None
ABSENT:
Chairman Edward C. Park, Jr.
IN RE:
APPLICATION OF BARRY LYNN CARROLL FOR A SPECIAL *
EXCEPTION FOR A HOME OCCUPATION TO DO SMALL *
ENGINE REPAIRS AT HIS RESIDENCE AT THE END OF *
STATE ROUTE 1121, OFF THE END OF ROUTE 777 IN *
THE CATAWBA MAGISTERIAL DISTRICT.
APPROVED
Mr. Barry Lynn Carroll was present for this hearing; there was
no opposition. Supervisor Myers moved that the permit be approved. The
motion was adopted by the following recorded vote:
AYES:
Supervisors Johnson, Myers, Minter and Burton
NAYS:
None
ABSENT:
Chairman Edward C. Park, Jr.
I
IN RE:
PETITION OF HORACE G. FRALIN REQUESTING REZONING *
FROM B-2 TO B-3 OF 1.574 ACRE ON THE NORTH SIDE *
OF ROUTE 419, IMMEDIATELY WEST OF THE WINN-DIXIE *
STORE (ALTUS ASSOCIATES PROPERTY) IN THE CAVE *
SPRING MAGISTERIAL DISTRICT TO PERMIT *
CONSTRUCTION/OPERATION OF A HARDEE'S RESTAURANT. *
APPROVED
Mr. Jim White from Boddie/Noell Enterprises, Inc. was present as
spokesman for this request. There was no opposition, so Supervisor
Johnson moved that this rezoning request be approved. She then told Mr.
White that she was not making it a condition, but that she certainly
wished they would do something about "that ugly bank". Mr. White responded
that he hoped most of it would be taken down and at the very least it would
be graded and seeded.
FINAL ORDER
I
NOW, THEREFORE BE IT ORDERED that the aforementioned tract of
land, more particulaPy desCribed below, be rezoned from Business District
B-2 to Business District B-3.
BEGINNING at a highway monument on the northwest-
erly side of Virginia Route 419, corner to the proper-
ty of Thomas J. Kent; thence with a line of same, N.
430 41' W. 375.23 feet to an iron pin; thence N. 510
32' 20" E. 180.79 feet to a point on the southerly
side of a private road; thence with the line of same,
~
,...-
5-11-82
415
S. 430 45' E. 385.83 feet to a highway monument on
the northwesterly side of Virginia Route 419; thence
with a line of said Virginia Route 419, S. 540 50'
30" W. 182.51 feet to the place of Beginning, con-
taining 1.574 acres, as shown on map made by T. P.
Parker and Son, Engineers and Surveyors, dated
February 29, 1972, a copy of which is attached to
Deed from lester S. Carter and wife, to Herman W.
Perdue, dated February 17, 1972.
I
BE IT FURTHER ORDERED that a copy of this order be transmitted to
the County Planner and that he be and hereby is, ordered to reflect that
change on the official zoning maps of the County.
Adopted on motion of Supervisor Johnson and the following recorded
vote.
.
I
!
I
I
!
I
I
I
\r
Ii
r
I
I
I
I
I
I
I
I
;
I
I
I
I
I
I
i
I
i
i
L
AYES:
Supervisors Johnson, Myers, Minter and Burton
NAYS:
None
ABSENT:
Chairman Edward C. Park, Jr.
IN RE:
AMENDMENT TO CHAPTER 21 (ZONING) OF THE ROANOKE COUNTY *
CODE TO ALLOW FOR PROCEDURES FOR RENEWAL OF HOME *
OCCUPATION PERMITS IN AGRICULTURE A-l, RESIDENTIAL *
ESTATES RE, AND RESIDENTIAL R-1 DISTRICTS AND SETTING * APPROVED
A SCHEDULE OF FEES *
I
County Planner Timothy W. Gubala acted as spokesman in this matter.
He explained that this amendment to the County Code would allow renewal of
home occupation permits to be handled at a staff level unless there was
opposition. In cases where there was opposition, then the renewal would
be scheduled for public hearing before the Supervisors. He further
advised that the schedule offues was somewhat similar to the schedule for
mobile home permits.
ORDINANCE NO. 3134 AMENDING CHAPTER 21, ZONING OF THE
ROANOKE COUNTY CODE RELATING TO HOME OCCUPATION RENEWALS.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That sub-paragraph (6), Home Occupations, of Section 21-15.
I
Permitted uses of Article II. A-I Agricultural District be amended to
read and provide as follows:
(6) Home occupations, subject to a special exception granted by
the governing body and subject to the following conditions:
(a) Conditions relative to the operation of the home occupa-
tion may be established by the Board of Supervisors.
I
I
--+--
I
I
I
~I
(b) The special exception permit will be issued for no longer
"
5-11-82
4.16
I
than two (2) years. However, in seeking an application for renewal, the
applicant shall meet all conditions and requirements. If there is a
violation of such conditions or neighborhood opposition to such a renewal,
the renewal application shall be referred to the Board of Supervisors
for a public hearing to determine whether the renewal shall be granted.
A fee for processing renewal applications and public hearing referrals
shall be charged by the Zoning Administrator.
2. That sub-paragraph (4), Home occupations, of Section 21-21.
Permitted uses of Article III. RE Residential District be amended to
read and provide as follows:
(4) Home occupations, subject to a special exception granted by
the governing body and subject to the following conditions:
(a) Conditions relative to the operation of the home occupa-
tion may be established by the Board of Supervisors.
(b) The special exception permit will be issued for no longer
than two (2) years. However, in seeking an application for renewal, the
applicant shall meet all conditions and requirements. If there is a
violation of such conditions or neighborhood opposition to such a renewal,
the renewal application shall be referred to the Board of Supervisors
for a public hearing to determine whether the renewal shall be granted.
A fee for processing renewal applications and public hearing referrals
shall be charged by the Zoning Administrator.
3. That sub-paragraph (5), Home occupations, of Section 21-29.
Permitted uses of Article IV. R-l Residential District be amended to
I
read and provide as follows:
(5) Home occupations, subject to a special exception granted by
the governing body and subject to the following conditions:
(a) Conditions relative to the operation of the home occupa-
tion may be established by the Board of Supervisors.
(b) The special exception permit will be issued for no longer
than two (2) years. However, in seeking an application for renewal, the
applicant shall meet all conditions and requirements. If there is a
violation of such conditions or neighborhood opposition to such a renewal,
the renewal application shall be referred to the Board of Supervisors
for a public hearing to determine whether the renewal shall be granted.
A fee for processing renewal applications and public hearing referrals
shall be charged by the Zoning Administrator.
This amendment to be in full force and effect from and after its
passage.
Adopted on motion by Supervisor Johnson and the following recorded
I
vote.
AYES:
Supervisors Johnson, Myers, Minter and Burton
NAYS:
None
ABSENT:
Chairman Edward C. Park, Jr.
Supervisor Minter then moved for adoption of the prepared
resolution setting a schedule of fees:
....
"..-
5-11-82
417
IN RE:
RESOLUTION NO. 3135 ESTABLISHING A FEE FOR PROCESSING HOME
OCCUPATION RENEWALS AS PROVIDED FOR IN SECTIONS 21-15, 21-21,
AND 21-29 OF THE ROANOKE COUNTY CODE.
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
I
Virginia, as follows:
1. That pursuant to Sections 21-15, 21-21, and 21-29 of Chapter
21, Zoning of the Roanoke County Code, a Ten Dollar ($10.00) fee be and
hereby is imposed for the processing of application for renewal for any
home occupation permit; and
2. That there be and hereby is imposed for any such applications
for home occupation renewals which require a public hearing before this
Board an additional fee of Twenty-five Dollars ($25.00) for advertising
costs.
Adopted on motion by Supervisor Minter and the following recorded vote.
!'
I
!
I
!
I
i
I'
\-
t
I
i
~
AYES:
Supervisors Johnson, Myers, Minter and Burton
NAYS:
None
ABSENT:
Chairman Edward C. Park, Jr.
I
IN RE:
AMENDMENT TO CHAPTER 21 (ZONING) OF THE ROANOKE COUNTY *
CODE TO INSERT A NEW DEFINITION FOR "KENNELS" AND TO *
SPECIFY THE LOCATION OF PRIVATE AND COMMERCIAL KENNELS * APPROVED
WITHIN THE COUNTY *
Zoning Inspector Claude G. Lee acted as spokesman in this matter.
He explained there was confusion and overlapping of the present Code
regulations. The proposed amendment was to make the definition of a kennel
the sane in all parts of the County Code. Supervisor Minter asked Mr. Lee
if a kennel license could be revoked.. Mr. Lee replied that they have to
be renewed every year. Mr. Lee also advised that this amendment would have
the effect of moving enforcement of the kennel regulations from Planning
and Zoning to Animal Control. Supervisor Myers moved for adoption of the
following prepared ordinance.
I
ORDINANCE NO. 3136 AMENDING CHAPTER 21. ZONING OF THE
ROANOKE COUNTY CODE PERTAINING TO COMMERCIAL AND PRIVATE
KENNELS AND THEIR LOCATION WITHIN APPROPRIATELY ZONED AREAS OF
I ROANOKE COUNTY.
I
I BE IT ORDAINED by the Board of Supervisors of Roanoke County,
1
i Virginia as follows:
I
~
!:
I
II
Ii
"
"
II
~II
1. That the definition of a "kennel" as set out in Section 21-1.
--.,
5-11-82
418
Definitions of Article 1. In General of Chapter 21. Zoning be amended to
read and provide as follows:
I
Kennel. An enclosure or structure used to house, shelter, restrain,
exercise, board, breed, handle or otherwise keep or care for more than
two (2) dogs six months of age or older from which they cannot escape.
The enclosure or structure shall not mean a dwelling or a fence used to
demarcate a property line.
2. That the following definitions for a "private kennel" and a
"commerical kennel" be added under Section 21-1. Definitions of Article
1. In General of Chapter 21. Zoning as follows:
Kennel - Private. Any parcel of land with a mlnlmum of one (1)
acre in an area zoned appropriately on which more than two (2) dogs over
six months of age are kept as pets or for hunting, exhibiting, dog
showing or field and obediance trials in which commercial gain is not
the primary objective. A private kennel may have exterior runs.
Kennel - Commercial. Any parcel of land in an area zoned appropriately
on which sales, rental, caring, breeding, grooming, keeping and boarding
of dogs, cats or other domestic animals of any age are kept for commercial
gain.
3. That Section 21-15. Permitted uses of Article II. A-I Agricultural
District of Chapter 21. Zoning be amended to include a number (19)
I
private kennels.
4. That sub-paragraph (8) of Section 21-21. Permitted uses of
Article III. RE Residential District be amended as follows:
(8) Accessory buildings permitted as defined, however, garages or
other accessory structures attached to the main building shall be considered
part of the main building. Accessory buildings and uses permitted in
this section include the following: Living quarters of persons regularly
employed on the premises but not including labor camps and dwellings for
transient labor; private stables and corrals; private garages and parking
areas; private swimming pools exclusively for the use of the residents
and guests; and other accessory buildings and uses customarily incident
to any use permitted by this article.
5. That Section 21-21. Permitted uses of Article III. RE Residential
District be amended to include a number (11) private kennels.
6. That sub-paragraph (8) of Section 21-67. Permitted uses of
Article IX. B-2 Business District be amended as follows:
I
(8) Animals hospitals or clinics and commercial kennels provided
they are fully enclosed without exterior runs and yards for animals.
7. That sub-paragraph (9) of Section 21-82. Permitted uses enumerated
of Article XI. M-l Industrial District be amended as follows:
(9) Veterinary hospital and commerical kennels with exterior runs
and yards.
,....-
5-11-82
419
These amendments to be in full force and effect from and after
their passage.
Adopted on motion of Supervisor Robert E. Myers and the following
recorded vote.
AYES:
Supervisors Johnson, Myers, Minter and Burton
I
NAYS:
None
ABSENT:
Chairman Edward C. Park, Jr.
Supervisor Myers moved for adoption of the following prepared
ordinance.
ORDINANCE NO. 3137 AMENDING CHAPTER 5. ANIMALS AND FOWL OF
--
THE ROANOKE COUNTY CODE PERTAINING TO KENNELS.
t
~
i
!'
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
i
I
I'
i
\',
,
i
I
i
I
I
I
I
!
I
I
1
\
,
I
I
I'
I
1. That the definition of a "kennel" as set out in Section 5-3.
Definitions of Article II. Dogs of Chapter 5. Animals and Fowl of the
Roanoke County Code be amended to read and provide as follows:
I
Kennel. An enclosure or structure used to house, shelter, restrain,
exercise, board, breed, handle or otherwise keep or care for more than
two (2) dogs six months of age or older, from which they cannot escape.
The enclosure or structure shall not mean a dwelling or a fence used to
demarcate a property line.
2. That a new section numbered 5-10.3 and entitled Number of dogs
is hereby adopted to read and provide as follows:
Sec. 5-10.3. Number of dogs.
The harboring or keeping of more than two (2) dogs over six months
of age per dwelling unit is deemed as a violation of this Article unless
a private kennel license has been issued.
I
I
I
I
I
I
I
I
j
j
1
I
i
I
I
I:
~;
q
Ii
II
1ll...JI
This amendment to be in full force and effect from and after its
passage.
Adopted on motion of Supervisor Robert E. Myers and the following
I
recorded vote.
AYES:
Supervisors Jolmson, Hyers, Minter and Burton
NAYS:
None
ABSENT:
Chairman Edward C. Park, Jr.
"
5-11-82
420
IN RE:
PETITIONS AND CO~ruNICATIONS
I
APPLICATION OF JOE BANDY & SON , INC. FOR RENEWAL *
OF A SPECIAL USE PERMIT TO OPERATE A LANDFILL ON * APPROVED
PROPERTY OWNED BY THE DUKES AND EARLS SOCIAL CLUB *
ON THIRLAND ROAD IN THE CATAWBA MAGISTERIAL DISTRICT.
No one was present to act as spokesman in this matter.
Supervisor
Myers said the landfill was well taken care of and useful in that area.
Zoning Inspector Claude G. Lee suggested that the outer edges be seeded
on the side where the fill was complete. Supervisor Myers moved that the
areas where the fill was complete be sown in grass to keep down erosion
and that the special use permit be renewed for two years to finish the fill.
His motion was adopted on the following recorded vote.
AYES:
Supervisors Johnson, Myers, Minter, and Burton
NAYS:
None
ABSENT:
Chairman Edward C. Park, Jr.
IN RE:
APPLICATION OF T. R. LESLIE CONTRACTOR, INC. FOR *
A SPECIAL USE PERMIT TO FILL A RAVINE LOCATED ON *
PROPERTY OWNED BY JAMES J. AND RACHEL E. WILKERSON*
ON STATE ROUTE 613 BEHIND THE STARKEY ROAD BAPTIST*
CHURCH IN THE CAVE SPRING MAGISTERIAL DISTRICT *
SIX-MONTH,
CONDITIONAL
APPROVAL
I
Mr. T. R. Leslie was present. Supervisor Johnson told him she
and Claude Lee and County Engineer R. E. Robertson had visited the site
today. Mr. Robertson had question about soil erosion. He said the landfill
already exists in a natural drainage area which is being blocked. The
dumping is in violation of the County's soil erosion and sediment control
ordinance. He also said there is a bad erosion problem that needs to be
corrected before this permit is approved. A Mrs. Goad from the audience
advised that runoff water goes over her driveway entrance pipe, but that
it comes from a private, 50-foot right of way, not this landfill. Mr.
Robertson suggested that since the existing dumping is in violation, he
I
felt a soil erosion and sediment control plan should be submitted and
approved; Supervisor Johnson agreed that she couldn't recommend approval of
the permit until such a plan had been submitted. She asked that this
application be delayed until Mr. Leslie could get with the County Engineer.
Supervisor Minter asked how long such a study would take; the County
Engineer responded that it would take about 20 minutes.
~
,....-
5-11-82
421
Supervisor Johnson then moved that the requested permit be issued
for six months, subject to the condition that the County Engineer receive
and approve a soil erosion and sediment control plan to correct the soil
erosion problem. She also suggested that "No Dumping" signs be posted.
I
Her motion was adopted by the following recorded vote:
AYES:
Supervisors Johnson, Myers, Minter, and Burton
NAYS:
None
ABSENT:
Chairman Edward C. Park, Jr.
IN RE:
REPORTS FROM COUNTY ADMINISTRATOR
County Administrator Donald R. Flanders advised those present
j.
i
I
I
!
,
!,
that the executive session matter he had requested, had already been
discussed in the 6:05 p.m. executive session. He then asked County Planner
Timothy W. Gubala to review the report of the Surplus Property Task Force.
,
i
I
\
I
!
I
I
I
I
I
I
I
I
I
i
I
I
i
I
I
Mr. Gubala advised the committee had been studying the subject since
December, 1981. One result of their study was the use of the Mount Vernon
Elementary School as the County Administrative Center. He further stated
I
there were 17 parcels containing over 114 acres and valued at over $1 million.
Supervisor Johnson asked about Starkey school. Mr. Gubala replied that it
was still the property of the School Board and that the building was unsafe.
He was directed to re-check the school's status. Mr. Gubala advised that
Section 15.1-262 of the Code of Virginia requires that a public hearing be
held on disposal of surplus property. Supervisor Johnson moved that such
a hearing be schedule for the June 8, 1982, Supervisors' meeting. Mrs.
Burton asked the other supervisors if they wished to review the listed
properties. Mr. Gubala suggested this be done at the June 8 public hearing.
I
I
I
I
I
Mrs. Johnson's motion was adopted by a unanimous voice vote.
Mr. Flanders advised the Supervisors that $200,000 of anticipated
I
I
I
I.
I
i
!
j
!
i
capital outlay. He mentioned the urgent need for a public service center
I
revenue from the sale of the surplus property was in the 1982-83 budget for
and the possible construction of a new dog pound. He also commented that
the land being disposed of would revert to the tax rolls.
Mr. Flanders then orally updated the Supervisors on some County
business he has recently conducted:
(
:
i
~I
~
5-11-82
422
(1) Had a conversation with Robert Gay from the State Water Control
Board regarding the Westward Lake dam. They have completed their
inspection and will send i~ report as soon as possible.
I
(2) Talked to Major Donald E. Meador about meeting between VACo,
VML, and State Division of Corrections regarding the revenue sho~all in
our 1982-83 budget. He advised that we can expect some additional money.
(3) Presented a report prepared by the Director of Finance on the
Youth and Family Services Bureau grant from the State Department of
Corrections which recommends one additional staff member in the Bureau.
Getting the grant would be conditional upon adding the staff member at
an annual salary of around $14,000; the grant is for about $35,000 and
the County won't get the grant if staff person isn't hired. Mr. Flanders
recommended filling position on the condition that the grant is received.
(4) Discussed possibility of Valley dog pound with Salem City Manager
Bill Paxton, who would, if the County requests, approach City Council and
ask that a committee be appointed to work with the County on such a
I
project. Possibility has not been discussed with Roanoke City Manager
Bern Ewert, because he did not attend the luncheon meeting at which it was
discussed. Supervisor Johnson moved to invite the Cities of Roanoke and
Salem to consider construction of a joint dog pound. Her motion was
adopted by a unanimous voice vote.
(5) Reported on the surplus property (equipment) auction.
(6) Suggested that Supervisors direct that a committee be appointed
to plan a dedication ceremony for the County Administrative Center during
the latter part of October, 1982. Mrs. Burton asked that Mr. Flanders
appoint such a committee.
(7) Advised the core drilling machine is on the site of the new
County courthouse and that preparation of the working drawings is moving
I
along on schedule.
(8) Advised that Harold C. King, State Highway Commissioner, will be
in Roanoke soon and will be available to discuss with the Supervisors the
shortfall in funding for the Secondary Road System in the County.
Supervisor Minter suggested that local General Assembly people be included
in such a meeting. Mrs. Burton suggested that the Supervisors meet with
General Assembly people for about an hour, one hour prior to meeting with
\
~
5-11-82
423
Mr. King.
(9) Reported on community block grant backgrounding session attended
by Timothy W. Gubala in Blacksburg recently. Recommended working with
Salem for regional project. Supervisor Myers moved tha9the County
Administrator be authorized to proceed with community block project wmth
Salem. The motion was adopted by a unanimous voice vote.
(10) Requested Director of Parks and Recreation Darrell Shell to
update the Board on the status of County's lease of Bonsack Ruritan Club
building. Mr. Shell advised that the club building isn't zoned for what
the Recreation Department was using it for and because the building couldn't
be used any more, they had arranged for use of space in the Ronsack
Methodist Church across the street from club building. At first, some of
the participants in the Recreation Department's programs didn't want to
move, but Mr. Shell believes they are changing their minds.
(11) Mr. Flanders expressed his appreciation and gratitude to the
Surplus Property Task Force, for the time and effort put into the
development of the report.
(12) Mrs. Burton asked Mr. Flanders about the status of a meeting
with other localities to put together a legislative program for the next
session of the General Assembly. Mr. Flanders said he had put this project
aside until after the budget was adopted. Mrs. Burton asked that planning
commence and asked that the meeting be scheduled before the NACo Conference,
possibly in mid to late June.
I
I
IN RE:
REPORTS FROM COUNTY ATTORNEY
The County Attorney advised the Supervisors that his request for
an executive session had already been taken care of regarding the two items
of pending litigation, but that he would not discuss application of the
Freedom of Information Act at this time. On May 19, there is to be a
seminar on the Freedom of Information Act, which Supervisors and staff
members are to attend.
I
IN RE:
REPORTS FROM DIRECTOR OF FINANCE
The Director of Finance's reports were written and only for
information of the Supervisors.
..,
5-11-82
.
4~4
IN RE:
REPORT OF BID COMMITTEE
Purchasing Supervisor E. D. Fitzgerald read aloud the Committee's
report on purchase of a hydro-pneumatic tank and their recommendation on
I
awarding the contract. Supervisor Myers moved for adoption of the prepared
resolution awarding the bid.
RESOLUTION NO. 3130 AWARDING A BID FOR THE PURCHASE OF A
2,000 GALLON HYDRO-PNEUMATIC TANK FOR REPLACEMENT AT THE
WESTERN HILLS WELL SITE.
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the bid of Richmond Engineering Sales Company in the
amount of $3,164.00, being the lowest and best bid received by the
County to furnish a 2,000 gallon hydro-pneumatic tank for replacement at
the Western Hills well site, upon all and singular the terms and con-
ditions of the invitation to bid, the specifications of the County of
Roanoke, the bidder's proposal and the provisions of this resolution,
I
be, and the same hereby is ACCEPTED; and
2. That the County Administrator is hereby authorized and directed
to enter into a contract with Richmond Engineering Sales Company upon a
form approved by the County Attorney for this purchase; and
3. That all other bids for this purchase 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.
On motion by Supervisor Robert E. Myers and adopted by the following
recorded vote.
AYES:
Supervisors Johnson, Myers, Minter and Burton
NAYS:
None
ABSENT:
Chairman Edward C. Park, Jr.
I
Mr. Fitzgerald then reviewed the committee's report on joint
purchase of miscellaneous office supplies. The general County offices
will be joining with Roanoke City and County school administrations
offices to purchase these materials and it is anticipated that the general
offices will derive considerable economic benefit from the low prices
secured through bulk purchasing. Supervisor Johnson moved for adoption
of the prepared resolution. ---
I~
II""""
5-11-82
42Fi
RESOLUTION NO. 3l31ACCEPTING CERTAIN BIDS MADE TO THE COUNTY
OF ROANOKE FOR CERTAIN OFFICE SUPPLIES.
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That certain bids made to the County in the total amount of
$5,914.16 for certain office supplies to be kept in stock in the Purchasing
Department for use by various County offices, being the best conforming
bids upon all and singular the terms and conditions of the invitation to
bid, the specifications of the County of Roanoke, the bidders' proposals
and the provisions of this resolution, be and the same hereby are ACCEPTED,
\:
I
I
I
!
I
,
I
I
I
as follows:
From J. L. Hammett Company
10 packs , Markers, Felt Wedge Tip #23205 - $17.60
5 boxes, File Pockets, Cloth Gussett, 1122635 - $51. 25
10 boxes, File Pockets, Cloth Gusset, f!22640 - $130.00
10 boxes, File Pockets, Cloth Gusset, 1122650 - $138.80
5 boxes, Envelopes, Clasp, 9 x 12, #21678 - $21.70
5 boxes, Envelopes, Clasp, 10 x 13, #21681 - $24.90
3 packs, Paper, Construction, #17200 - $6.39
TOTAL: $390.64
From Dillard Paper Company
100 dozen, Tape, Adding Machine - $248.00
TOTAL: $248.00
From J. H. Pence Company
10 boxes, Clips, Paper, #1 - $3.20
i
I
I
!
I
i
I'
I
I
I
I
I
I
I
I
\
!
I
I
I
!
10 boxes, Fasteners, Brass Paper, 1" - $7.40
10 packs, Filler, Loose Leaf - $1.80
TOTAL: $12.40
From Caskie Paper Co.
100 cases, Paper, Bond, 20# - $1880.00
40 cases, Paper, Bond 20# - $956.00
TOTAL: $2836.00
I
i
I
-I
i
I
~
.....
I
I
I
~
5-11-82
4~6
I
From Kurtz Bros.
1 box, Envelopes, Gummed Flap - $2.40
25 packs, Ko-Rec Type - $18.00
TOTAL: $20.40
From Jack L. Hartman & Co., Inc.
20 each, Scissors, 8 in., Teacher - $30.00
TOTAL: $30.00
From Salem Office Supply, Inc.
100 boxes, Folder, File 1/3 tab - $368.00
200 boxes, staples, standard - $100.00
TOTAL: $468.00
From Brame School Products
100 boxes, folders, file 1/3 tab - $440.00
10 dozen, Pad, legal, Canary, Ruled - $38.80
24 dozen, Tape, Magic Mending - $253.20
1 dozen, Glue, 8 oz - $4.69
I
1 dozen, Ruler, Plastic - $1.10
1 pack, Manila Tags - $13.01
10 packs, Poster Board, White Sign - $18.90
50 packs, Filler, Loose Leaf - $22.70
25 Dozen, Theme Book, Spiral Bound - $137.75
25 dozen, Composition Book, 3 subject - $242.25
TOTAL: $1172.40
From Paper Supply Company, Inc.
2 boxes, Envelopes, clasp 6x9 - $26.10
3 dozen, Erasers, Art Gum - $2.22
70 count, Clips, Paper - $75.60
10 Count, Clips, Paper, Jumbo - $30.40
I
TOTAL: $134.32
From Litton
5 Packs, Marker, Water Color, Wedge Felt Tip - $10.90
10 stacks, File Guides, Pressboard - $44.00
50 Dozen, Pads, legal, ruled - $430.00
6 dozen, Correction Fluid - $36.00
2 dozen, Pads, stamp, foam rubber - $16.00
~
"..-
5-11-82
427
1 dozen, Binders, Vinyl, 3 ring - $48.00
6 each, Ink, Mimeo, for A B Dick - $17.10
TOTAL: $602.00
2. That the County Administrator be, and he hereby is directed
I
to enter into contracts with the above set out suppliers for the
purchase of these office supplies, said contracts to be upon a
form approved by the County Attorney; and
3. That all other bids for these office supplies are hereby
REJECTED and the Clerk is directed to so notify such bidders and
express the County's appreciation for submiting such bids.
Adopted on motion of Supervisor May W. Johnson and the following
recorded vote.
AYES:
Supervisors Johnson, Myers, Minter and Burton
NAYS:
None
ABSENT:
Chairman Edward C. Park, Jr.
IN RE:
REPORT OF UTILITY ENGINEERING AND ADMINISTRATION
I
Director of Utility Engineering and Administration John R.
Hubbard reviewed with the Supervisors his report on the Hidden Valley
transmission main. Supervisor Myers moved for adoption of a resolution
authorizing execution of related documents.
RESOLUTION NO. 3132 AUTHORIZING THE EXECUTION OF
CERTAIN DOCUMENTS IN RELATION TO THE HIDDEN VALLEY
TRANSMISSION MAIN, PROJECT 81-2-W.
i BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
I
I
! as follows:
i
;
I
i
I
I
,
I
,
I
I,
I
I
L
i
I
I
!
i
I
I
I
\
I
I
I
i
!
i
1. That certain documents required to be executed on behalf of
the County of Roanoke in relation to the Hidden Valley Transmission Main,
Project 81-2-W, to be undertaken and directed by the Board of Supervisors
I
are hereby authorized to be executed and/or accepted on behalf of the
County of Roanoke; provided, however, any documents authorizing additional
expenditure of public funds shall be specifically authorized for execution
by the Board of Supervisors; and
2. That the County Administrator is hereby authorized and directed
to execute such documents as are herein authorized to be executed from
,
j
~l
..,
5-11-82
428
time to time all of which shall be upon a form approved by the County
Attorney.
Adopted on motion of Supervisor Robert E. Myers and the following
I
recorded vote.
AYES:
Supervisors Johnson, Myers, Minter, and Burton
NAYS:
None
ABSENT:
Chairman Edward C. Park, Jr.
IN RE:
REPORT OF PUBLIC WELFARE BOARD
No one was present as spokesman in this matter. Supervisor
Johnson advised those present that she is a member of the Welfare Board
and that most other localities in the State have changed the names of their
Welfare Departments to Social Services departments. Supervisor Johnson
then moved for the adoption of the prepared resolution.
I
RESOLUTION NO.3l33 RENAMING .THE ROANOKE COUNTY
DEPARTMENT OF PUBLIC WELFARE AS MADE AND PROVIDED
BY LAW: AND ESTABLISHING AN EFFECTIVE DATE FOR
SUCH NAME CHANGE.
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to Section 63.1-1.1 of the 1950 Code of Virginia
as amended, and pursuant to the request of the Roanoke County Public
Welfare Board the name of the Roanoke County Department of Public Welfare
be and it hereby is, changed to "Roanoke County Department of Social
Services"; and
2. That in accordance with paragraph 1 hereof, the name of the
Roanoke County Public Welfare Board be and hereby is changed to the
"Roanoke County Board of Social Services"; and
3. That from and after the effective date of the name change of
I
the Department and Board as herein above provided, the Superintendent of
Public Welfare of Roanoke County shall be designated "Director of Social
Services of Roanoke County"; and
4. That the effective date of the name changes and designation
herein provided shall be from and after July 1, 1982.
Adopted on motion of Supervisor Johnson and the following recorded
vote.
~
"...-
429 I
5-11-82
AYES: Supervisors Johnson, Myers, Minter and Burton
NAYS:
ABSENT:
None
Chairman Edward C. Park, Jr.
IN RE: CONSIDERATION OF RESOLUTIONS AND ORDINANCES
I
adopted.
On motion by Supervisor Minter, the following resolution was
Resolution No. 3140
Resolution of Roanoke County, Virginia, adopted June 23, 1981 be and is
On motion made by Supervisor Gary J. Minter, the General Appropriation
the same hereby amended as follows to become effective May 11, 1982:
I
i
I
i
,
DESCRIPTION
Class:
Fund:
Source:
Class:
Fund:
Dept.
Object:
AYES:
NAYS:
ABSENT:
ACCOUNT NUMBER
INCREASE
(DECREAS~
Revenues
General
Insurance Recoveries 03-5-41010-00000
$ 8,945
6,650 I
2,145
150
Expenditures
General
Sheriff
Repairs to Auto
Purchase of Radio
Police Equipment and
Supplies
03-6-03102-30043
03-6-03102-70030
03-6-03102-54095
Adopted by the following recorded vote.
Supervisors Johnson, Myers, Minter and Burton
None
Chairman Edward C. Park, Jr.
County Administrator Flanders explained, that at the last
Board meeting, a resolution was adopted pertaining to inspection of the
streets in section 15 of Hunting Hills Subdivision only. The resolution
to be considered at this meeting covers inspection of the streets in the
entire subdivision. Supervisor Johnson moved for adoption of the prepared
I
I
I
,
I
,
I
i
I
,
I
i
I
i
resolution.
RESOLUTION NO. 3141 REQUESTING ASSIGNMENT OF A STATE
HIGHWAY INSPECTOR FOR THE PURPOSE OF INSPECTING THE STREETS IN
THE HUNTING HILLS SUBDIVISION.
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
~
:;
;
,<
r
" 11
~l
1. That a State Highway Inspector be, and he hereby is, requested
~
5-11-82
tj~o
to be assigned for the purpose of inspecting all the streets in the
Hunting Hills Subdivision in order that such streets may hereafter be
accepted into the State Secondary System; and
I
2. That the developer of the Hunting Hills Subdivision, Old Heritage
Corporation, shall be responsible to the County of Roanoke for all sums
required to be paid in and about such street inspections as specified in
the letter from Old Heritage Corporation dated April 12, 1982, attached
hereto and part of this resolution and official minutes of this Board;
and
3. That an attested copy of this resolution be forthwith forwarded
to the State Department of Highways and Transportation, Salem District,
and to Old Heritage Corporation, the same to be effective upon receipt
of an executed copy hereof, signed by the appropriate officers of Old
Heritage Corporation and filed in the office of the County Administrator.
Adopted on motion of Supervisor Johnson and the following recorded
vote.
I
AYES:
Supervisors Johnson, Myers, Minter and Burton
NAYS:
None
ABSENT:
Chairman Edward C. Park, Jr.
The County Administrator explained that the State would match
the funds appropriated by the County for improvements to the Secondary
System in Roanoke County, but in order to include the State's matching
funds in their 1982-83 budget, they needed a resolution from Roanoke
County commiting the County's share. Supervisor Johnson moved for
adoption of the prepared resolution.
I
RESOLUTION NO. 3142 EXPRESSING THE INTENT OF THE BOARD OF
SUPERVISORS TO APPROPRIATE FOR FISCAL 1982-83 CERTAIN FEDERAL
REVENUE SHARING FUNDS FOR IMPROVEMENTS TO THE SECONDARY HIGHWAY
SYSTEM IN ROANOKE COUNTY.
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That, in order to effectuate the allocation of certain matching
funds from the Commonwealth of Virginia for improvements to the secondary
highway system in Roanoke County as made and provided by Section 33.1-
75.1 of the 1950 Code of Virginia, as amended, the intent of the Board
.....1
,.....
5-11-82
431
to appropriate for such purpose from federal revenue sharing funds in
the 1982-83 County budget be, and it hereby is, stated and confirmed in
an amount not to exceed $50,000; and
2. That the Virginia Department of Highways and Transportation be,
I
and it hereby is requested to take the necessary action to provide
matching funds in the amount of $50,000 for fiscal year 1982-83 for the
improvement to the secondary highway system in Roanoke County.
;
\:
Adopted by the following recorded vote.
AYES:
Supervisors Johnson, Myers, Minter, and Burton
NAYS:
None
\
ABSENT:
Chairman Edward C. Park, Jr.
I
1
i
IN RE:
APPOINTMENTS
I
I
I
.
,
I
I
!
i
Resolution No. 3129, adopted at the beginning of this meeting,
appointed County Administrator Donald R. Flanders, County Planner Timothy
W. Gubala, and Executive Vice President of the Salem/Roanoke County
Chamber of Commerce Bill Board as Roanoke County's representatives on the
I
Task Force recommended by the Industrial Fact Finding Commission.
County Administrator Flanders was asked if he had any recommendatio s
to make concerning appointment of persons to serve on the County Impoundment
Safety Technical Advisory Committee. He replied that he did not and asked
that this matter be held over. Supervisor Johnson moved that consideration
of these appointments be continued until tGe Loard's May 25, 1982 meeting.
Her motion was adopted by a unanimous voice vote.
Supervisor Minter moved that the matter of possible reappointment
of Mrs. Frank Stone to the Virginia Western Community College Board be
continued until Board Chairman Park is present. His motion was adopted by
I
a unanimous voice vote.
IN RE:
HEARING OF CITIZENS
Mr. David Simmons of Route 1, Salem passed out copies of a letter
to the editor published in the Roanoke newspaper on May 10th concerning
-1
,
.....
,
5-11-82
4~~
I
mistreatment of animals. He told the Supervisors that people in Glenvar
have contacted the SPCA about abused animals and were told that the
SPCA has no authority to act in the County. The County Animal Control
officers are very slow in responding to complaints and have told callers
the County Code has no provisions concerning abused/neglected animals.
Mr. Simmons requested that the Supervisors pass an ordinance to cover
inhumane treatment of animals in the County.
Supervisor Myers asked for details of the examples cited by Mr.
Simmons and Supervisor Johnson asked County Attorney James E. Buchholtz
if the County Code did indeed have no provisions to regulate abuse of
animals. Mr. Buchholtz replied that it does not but the Supervisors
have the authority under State law to adopt laws about cruelty to animals/
animal welfare. He also said State Code provisions exist that can be
enforced in the County. The State Code provides "any law enforcement
officer shall" enforce laws. Mr. Buchholtz also said that Chief Animal
Control Officer Kenneth L. Hogan had been advised by the Commonwealth's
Attorney that he has no authority to arrest anyone, but he can swear out
warrants and have law enforcement officers make arrests for him. He
further stated that Officer Hogan is taking courses by mail to become
certified as an inspector.
Mr. William Davis-Deck, President of the Roanoke Valley SPCA was
present and said that any officer of the court, including Mr. Hogan, can
enforce State laws pertaining to animals. Mr. Davis-Deck had a copy of
a pamphlet prepared by the SPCA purporting to contain all State laws
pertaining to all animals, birds, etc. He gave his copy of the pamphlet
to the Supervisors.
Officer Hogan was present and was asked if he wished to speak on this
issue. One of the examples of abused/neglected animals cited by Mr.
Simmons was that of a sick horse whose condition deteriorated until it died.
The carcass laid in a field until the County Health Department was
notified and sent someone with a bulldozer to bury it. Mr. Hogan said he
did not get a call about the horse until three weeks after it's death. lIe
had recently received a call about a starved/neglected collie, which, when
he investigated, turned out to be in good shape. He further stated that
his assistant, who had referred a call about an abused animal to the SPCA, ---
I
I
~
,....-
5-11-82
433
was a new employee and didn't know any better.
Mr. Simmons repeated his request that the Supervisors adopt an
ordinance to prevent animal abuse and neglect. Supervisor Johnson asked
contained in the State Code. Vice-Chairman Burton asked if such an ordinance
I
Mr. Simmons if he recommended that the County adopt the same provisions as
were adopted, would the County have any authority that it doesn't already
have. Mr. Buchholtz replied the County would have no more power, but such
an ordinance might be a source of revenue through fines generated.
Supervisor Johnson moved that the situation be taken under advisement
and that a thorough study be made. She directed the County Administrator,
County Attorney, Chief Animal Control Officer and other appropriate authority
to keep similar situations from happening in the future and report back to
the Supervisors as soon as possible.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Johnson mentioned a road, Sylvan Brook Road, that she
I
would like to have the State take over as a rural addition. She requested
that the County Engineer prepare the necessary paperwork and resolution
for consideration at the May 25, 1982, Board meeting.
Supervisor Minter asked the County Engineer about Verndale Drive.
He replied that if it could be treated as a rural addition, the State might
take over maintenance.
None of the other Supervisors had any comments to make.
IN RE:
ADJOURNMENT
On motion by Supervisor Myers, adopted by a unanimous voice vote,
I
this meeting was adjourned at 9:20 p.m.
f#
~L
~
\
/
!