7/12/1983 - Regular
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7-12-83
Roanoke Co. Board of Supervisors
Roanoke Co. Administration Center
3738 Brambleton Ave., SW
Roanoke, Virginia 24015
July 12, 1983
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 July, 1983.
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3:06 p.m. The roll call
was taken:
MEMBERS PRESENT: Chairman May W. Johnson, Vice Chairman Harry C. Nickens
Supervisors Athena E. Burton, Gary J. Minter and
Robert E. Myers
MEMBERS ABSENT: None
IN RE:
EXECUTIVE SESSION
Supervisor Myers 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
Supervisor Minter moved to go into Open Session at 5: 35 p.m., and the
motion carried by a unanimous voice vote.
IN RE:
RECESS
Supervisor Johnson then called for a dinner recess until 7 :00 p.m.
IN RE:
CALL TO ORDER - REGULAR MEETING
At 7:00 p.m. Chairman Johnson called the regular meeting to order. The
roll call was taken:
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7-12-83
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MEMBERS PRESENT: Chairman May W. Johnson, Vice Chairman Harry C. Nickens
Supervisors Athena E. Burton, Gary J. Minter and
Robert E. Myers
MEMBERS ABSENT: None
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IN RE:
OPENING CEREMONIES
Superintendent of the Department of Fiscal Management, John Chambliss,
offered the invocation. The Pledge of Allegiance was recited by all present.
IN RE:
CONSENT AGENDA
Chairman Johnson deleted Item 5 of the Consent Agenda in order that
it could be discussed after an Executive Session. Supervisor Minter deleted Item 8,
and Supervisor Nickens deleted Item 1.
Supervisor Burton moved for the prepared resolution for the Consent
Agenda, deleting Items 1, 5, and 8:
RESOLUTION NO. 83-128 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVffiORS AGENDA FOR THffi DATE DEffiGNATED 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 Supervisors for
July 12, 1983, 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 2, 3, 4, 6, 7, 9, 10, 11, 12, inclusive, as follows:
(2) Report on Audits for the Fiscal Year ~nding June 30, 1983
(3) Letter from the Department of State Police dated June 28th.
(4) Letter from the Department of the Army, Corps of Engineers, regarding
the Matthews electroplating site.
(6) Electrical Service Agreement - Campbell Hills West #3
a. Resolution
(7) Bid Report: Construction Services Westward Lake Dam
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7-12-83
b. Resolution
(9) Letter dated June 21, 1983 from Dr. Nancy M. Welch regarding a sink
hole near the Andrew Lewis Place subdivision.
(10) Letter and tentative schedule dated June 28, from Dr. Nancy M. Welch
regarding changing sections of the Sewage Handling and Disposal Regulations.
(11) Letter dated June 30, 1983 from Senator Dudley J. Emick, Jr.
(12) Bid Report: Paving - Repair and Patching
c. Resolution
2. That the Clerk to the Board is hereby authorized and directed where
required by law to set forth upon any of said items the separate vote tabulation for
any such item pursuant to this resolution.
Adopted by the following roll call vote:
AYES:
Supervisors Nickens, Myers, Minter, Burton, Johnson
NAYS:
None
RESOLUTION NO. 83-128.b APPROVING A CERTAIN SERVICE
AGREEMENT TO PROVIDE ELECTRICAL SERVICE TO THE
COUNTY'S CAMPBELL HILLS WELL NO. 3
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That a certain service agreement from Appalachian Power Company
offering to provide electrical service to Roanoke County for the County's Campbell
Hills Well No. 3 upon all and singular the terms and conditions set out in said
agreement be; and is hereby, Approved; and
2. The County Administrator be; and he hereby is, authorized and directed
to execute such agreement on behalf of Roanoke County, all of which shall be upon
form approved by the County Attorney.
Adopted by the following roll call vote:
A YES:
Supervisors Nickens, Myers, Minter, Burton, Johnson
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NAYS:
None
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7-12-83
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RESOLUTION NO. 83-128.c AWARDING A CERTAIN
CONTRACT FOR CERTAIN CONSTRUCTION SERVICES IN AND
ABOUT ALLEVIATION OF A CERTAIN IMMINENT DANGER
RELATING TO THE WESTWARD LAKE DAM
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That there is presently existing an imminent danger relating to a certain
dam situate, lying and being in Roanoke County, known as the Westward Lake Dam,
a certain bid of John A. Hall & Company, Inc. to alleviate such imminent danger,
said bid having been secured pursuant to the procurement ordinance of Roanoke
County, be; and such bid hereby is, ACCEPTED in an amount not to exceed $47,875
wi thout further authorization of the Board; and
2. That the County Administrator be; and he hereby is, authorized and
directed to execute all such documents as may be needful and necessary to the
premises as made and provided by law, all of which shall be upon a form approved
by the County Attorney.
Adopted by the following roll call vote:
A YES:
Supervisors Nickens, Myers, Minter, Burton, Johnson
NA YS:
None
RESOLUTION NUMBER 83-128.c(1)
On motion made by Supervisor Burton, the General Appropriation Resolution
of Roanoke County, Virginia, adopted June 14, 1983 be, and is the same hereby
amended as follows to become effective July 12, 1983:
DESCRIPTION
ACCOUNT NUMBER INCREASE
(DECREASE)
Class:
Fund:
Object:
Expenditures
Capi tal Projects
Westward Lake Dam
16-6-60165-00000
$47,875
Fund:
Dept:
Dept:
General Operating
Transfer to Capital Projects
Unappropriated Balance
03-6-09302-90016
03-6-99999-99999
47,875
(47,875)
Class:
Fund:
Object:
Revenues
Capital Projects
Transfer from General
Operating Fund
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16-5-51030-00000
47,875
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Adopted by the following roll call vote:
A YES:
Supervisors Nickens, Myers, Minter, Burton, Johnson
NAYS:
None
RESOLUTION NO. 83-128.d ACCEPTING A CERTAIN
PROPOSAL TO PROVIDE CERTAIN PAVING AND PAVING
REPAIR REQUIREMENTS OF ROANOKE COUNTY FOR FISCAL
1983-84
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That that certain bid of E. S. Markham Company to provide certain paving
and paving repair services to Roanoke County as more fully set forth in the bid
documents upon which the bid of E. S. Markham was submitted in the following
words and figures, to-wi t:
1 manhole $75.00 per manhole
2 manholes 60.00 per manhole
3 manholes 50.00 per manhole
4 or more manholes 40.00 per manhole
Area of 1 square yard 75.00
Area of 2 square yards 50.00
Area of 3 square yards 38.00
Area of 4 square yards 30.00
Area of 5 square yards 25.00
Area of 6 square yards 23.00
Area of 7 square yards 18.00
Area of 8 square yards 16.00
Area of 9 square yards 15.00
Area of 10 square yards 14.00,
be; and same hereby is, ACCEPTED; and,
2. That the County Administrator be; and he hereby is, authorized and
directed to enter into the requisite contract on behalf of Roanoke County for the
aforesaid services, all of which shall be on a form approved by the County Attorney.
Adopted by the following roll call vote:
A YES:
Supervisors Nickens, Myers, Minter, Burton, Johnson
NAYS:
None
Dr. Nickens questioned page 746 of the Minutes of June 14, 1983 (Item 1
of the Consent Agenda) and that it appeared the Board took official action regarding
the $31,000 for Parks & Recreation, and recalled that the Board had only requested
a list of priorities for spending this $31,000. County Administrator, Donald R.
Flanders, pointed out that no Board action was indicated and that this item was
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7-12-83
simply a matter of discussion in these Minutes. Supervisor Nickens moved for approval
of the June 14, 1983, Minutes; and the motion carried by a unanimous voice vote.
Supervisor Minter referred to Item 8 of the Consent Agenda indicating
that the Commonwealth Attorney's opinion that the County basically did not have
any jurisdiction over the noise coming from the Airport should be appealed to the
Attorney General. He moved that the Attorney General be requested to give an
opinion as to whether the County Noise Ordinance would apply in this case, and the
motion carried by the following roll call vote:
A YES:
Supervisors Nickens, Myers, Minter, Burton, Johnson
NA YS:
None
IN RE:
PUBLIC HEARINGS
REQUEST OF TIMOTHY W. AND PAMELA R. HARTLESS FOR
A SPECIAL EXCEPTION TO PLACE A MOBILE HOME ON A
ONE-ACRE TRACT LOCATED ON THE NORTH SIDE OF STATE
ROUTE 744 APPROXIMA TEL Y 300 FEET FROM THE
INTERSECTION OF STATE ROUTES 744 AND 221 IN THE
WINDSOR HILLS MAGISTERIAL DISTRICT
APPROVED
Mrs. Hartless was present and explained that this mobile home would be used
while she and her husband built a permanent home about one mile further on Route
744. Supervisor Burton moved that the permit be granted for a one-year period
since this particular area was not one where mobile homes are located; and at the
end of that time Mr. and Mrs. Hartless either remove the mobile home or appear
back before the Board to request an extension if their home construction is not
complete. The motion carried by a unanimous voice vote.
REQUEST OF C. R. WmTLEY, JR. FOR A SPECIAL
EXCEPTION TO PLACE A MOBILE HOME ON A 15-ACRE
TRACT LOCATED AT THE END OF STATE ROUTE 913 IN
THE CATAWBA MAGISTERIAL DISTRICT.
APPROVED
Mr. Whitley was present, and there being no opposition, Supervisor Myers
moved that the permit be granted. The motion carried by a unanimous voice vote.
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7-12-83
REQUEST OF THE ZONING ADMINISTRATOR TO AMEND
CHAPTER 21 (ZONING) OF THE ROANOKE COUNTY CODE
TO ESTABLISH DEFINITIONS, REVIEW PROCEDURES AND
APPROPRIATE DISTRICTS FOR THE LOCATIONS OF HOMES
FOR ADULTS, HOSPITALS, CLINICS, SPECIAL CARE
HOSPITALS, NURSING HOMES AND RESIDENTIAL HUMAN
CARE FACILITIES AND ORDINANCE.
ADOPTED
Superintendent of the Department of Development, Timothy W. Gubala
explained that this Ordinance was the result of a request by Supervisor Minter.
Supervisor Minter moved for the following prepared Ordinance.
ORDINANCE NO. 83-129 AMENDING CHAPTER 21. ZONING
IN RELATION TO THE DEFINITIONS, PROVISIONS, AND
PLACEMENT OF HOMES FOR ADULTS, CLINICS, NURSING
HOMES, HOSPITALS, SPECIAL CARE HOSPITALS AND
RESIDENTIAL HUMAN CARE FACILITIES WITHIN ROANOKE
COUNTY
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That Section 21-1. Definitions of Article I. In General be amended by
the deletion of the definition of "Hospital, general care" and by the addition of the
following definitions:
Clinic. An establishment where patients are admitted for examination
and treatment by one or more physicians, dentists or psychologists and
where patients are not lodged overnight.
Home for Adults. A facility that provides shelter and services which
may include meals, housekeeping, and personal care assistance for the
elderly; who may be functionally impaired and socially isolated, but
otherwise in good health; in a residential environment where residents
can maintain a semi-independent life style, and do not require more
extensive care as provided by a nursing home.
Hospital. An institution providing primary health services and medical or
surgical care to persons primarily in-patients, suffering from illness,
disease, injury, deformity, and other anomalies.
Nursing Home. A facility that provides full time convalescent or chronic
care to individuals who by reason of advanced age, chronic illness or
infirmities, are unable to care for themselves.
2. That Section 21-15. Permitted uses of Article II. A-I Agricultural District
be amended by deleting "general-care hospitals" from subparagraph (3) and by adding
the following:
(20) Residential human care facilities
(21) Clinic, home for adults, hospital, hospital special care, and nursing homes
provided a special exception has been granted by the Board of Supervisors.
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3. That Section 21-21. Permitted uses of Article III. A-III. RE Residential
District be amended by adding the following:
(12) Hospital and hospital special caret provided a special exception has been
granted by the Board of Supervisors.
4. That Section 21-67. Permitted uses of Article IX. B-2 Business District
be amended by deleting "hospitals" in sub-paragraph (4) and by adding the following:
(9) Home for Adults provided a special exception has been granted by the
Board of Supervisors.
(10) Clinic, hospital, hospital special care, and nursing home.
5. This amendment to be in full force and effect from and after its passage.
Adopted by the following roll call vote:
A YES:
Supervisors Nickens, Myers, Minter, Burtont Johnson
NA YS:
None
REQUEST OF THE BOARD OF SUPERVISORS TO HOLD A
PUBLIC HEARING PURSUANT TO SECTIONS 15.1-261.1 AND
262 OF THE CODE OF VIRGINIA TO CONSIDER PUBLIC
COMMENTS RELATIVE TO THE LEASE AND SALE OF
SURPLUS PROPERTY OWNED BY ROANOKE COUNTY AS
FOLLOWS:
DESCRIPTION
ACREAGE
TAX MAP #
LOCATION
Old Starkey School 1.5
Pinkard Court School 4.5
51-169
43-05.
Cave Spring Dist.
Cave Spring Dist.
ADOPTED
Timothy W. Gubala explained that this public hearing was a formality so
that County property can be considered for sale or lease. Ms. Karen Thomast 7002
S. Roselawn Roadt Roanoke, Virginia was present and questioned the process whereby
she could either bid on the Starkey School property or lease it for a day care center
for handicapped children. She was advised to contact the County Administrator
regarding this by Supervisor Nickens. Supervisor Nickens moved that a resolution
be prepared and spread in the Minutes which would declare these two pieces of
property surplus.
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RESOLUTION NO. 83-130 DECLARING TWO SURPLUS
PROPERTIES FORMERLY PROPERTY OF THE ROANOKE
COUNTY SCHOOL BOARD SURPLUS PROPER TIES OF
ROANOKE COUNT IN ORDER THAT SAME MAY BE SOLD,
LEASED OR OTHER WISE DISPOSED OF.
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That that certain piece or parcel of real estate situate, lying and being
in Roanoke County, formerly owned by the Roanoke County School Board and known
and designated as the Pinkard Court school property, the same having heretofore
been conveyed to the County of Roanoke by the Roanoke County School Board be,
and such piece or parcel of real estate hereby is, declared to be surplus property
of Roanoke County and is further determined to be available for sale, lease or other
disposition; and
2. That that certain piece or parcel of real estate situate, lying and being
in Roanoke County, formerly owned by the Roanoke County School Board and known
and designated as the Starkey school property, the same having heretofore been
conveyed to the County of Roanoke by the Roanoke County School Board be, and
such piece or parcel of real estate hereby is, declared to be surplus property of
Roanoke County and is further determined to be available for sale, lease or other
disposi tion.
Adopted by the following roll call vote:
A YES:
Supervisors Nickens, Myers, Minter, Burton, Johnson
NA YS:
None
PETITION OF MICHAEL A. AND DONNA HAMLIN REQUESTING
REZONING FROM INDUSTRIAL DISTRICT M-2 TO
AGRICULTURAL DISTRICT A-1 OF A TRACT CONTAINING
1.028 ACRES AND LOCATED WEST ON U.S. ROUTE 460 PAST
DIXIE CAVERNS TO STATE ROUTE 639, APPROXIMATELY
ONE MILE ON ROUTE 639 TO ONE-STORY LOG CABIN ON
LEFT SIDE OF ROAD IN THE CATAWBA MAGISTERIAL
DISTRICT. REZONING REQUESTED TO PLACE A MOBILE
HOME ON THE LOT.
APPROVED
There being no opposition, Supervisor Myers moved that the petition be granted.
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FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned tract of land,
more particularly described below, be rezoned from M2 to AI.
BEGINNING at an iron pin in concrete on the northerly line of State
Route 639, corner to the lands of Charles T. Horsley (See D.B. 386, Page
231); thence along and with said line the following two (2) courses and
distances: N 560 16' W 113.90 Feet to an iron pin, and N 710 33' W
236.22 feet to an iron pin, corner to a 30 foot road; thence along and
with the easterly line of said road the following three (3) courses and
distances: N 430 58' E 83.49 feet to an iron pin; N 380 39' E 119.26 feet
to an iron pin, and N 630 04' E 88.40 feet to an iron pin on the line of
Charles T. Horsley; thence along and with said line S 170 59' E 348.30
feet to the place of BEGINNING, containing 1.028 ac. as shown on survey
for Harold Douglas and Rebecca Susan Richardson conveyed by F. D. and
Mary Sue H. Spickard, dated September 21, 1973, made by Jack G. Bess,
C.L.S., attached to and made a part of deed of conveyance, along with
non-exclusive easement for ingress and egress over 30 foot road as set
forth on said map of survey;
BE IT FURTHER ordered that a copy of this order be transmitted to the County
Planner and that he be and hereby is directed to reflect that change on the official
zoning maps of the County.
Adopted on motion of Supervisor Myers and the following roll call vote:
A YES:
Supervisors Nickens, Myers, Minter, Burton, Johnson
NA YS:
None
PETITION OF SUNNY BROOK INN, INCORPORATED FOR
REZONING FROM RESIDENTIAL DISTRICT R-1 TO BUSINESS
DISTRICT B-3, A PARCEL OF LAND CONTAINING
APPROXIMATELY 4.84 ACRES AND LOCATED AT 7342
PLANTATION ROAD, ROANOKE COUNTY, VIRGINIA, IN THE
HOLLINS MAGISTERIAL DISTRICT. REZONING IS REQUESTED
TO PERMIT OPERATION OF A RESTAURANT.
APPROVED
Mr. Gilbert Butler, counsel for Sunnybrook Inn, Incorporated was present. There
was no opposition, and Supervisor Minter moved that the petition be granted.
FINAL ORDER
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that at this meeting of
the Board of Supervisors of Roanoke County, Virginia, held on the 12th day of July,
1983, the said Roanoke County Zoning Ordinance be, and the same is hereby, amended
so as to reclassify the hereinafter-described property from Residential District R-1
to Business District B-3, which property is described on the attached Schedule A,
subject to the following conditions:
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7-12-83
1. Within the uses permitted by B-3 zoning classification, the property
may only be used as a restaurant.
2. Should Sunnybrook Inn, Incorporated, no longer operate the subject
property as a restaurant, then the zoning classification shall revert to R-1.
3. Petitioner agrees to plan buffer vegetation along the parking area
perimeter according to the requirements of Roanoke County.
BEGINNING at a point on the westerly side of Plantation Road, Va. Rte.
115, said point being the southeast corner of property of Robert L. Miley;
thence continuing with the westerly side of Plantation Road, S. 280 11'
E. 168.89 feet to a point of curve; thence with a curved line to the left,
whose radius is 1491.39 feet, and whose chord bearing and distance is S.
340 28' 14" E. 326.65 feet, an arc distance of 327.31 feet to a point;
thence leaving Plantation Road, S. 680 57' W. 463.92 feet to a point;
thence N. 210 03' W. 490.87 feet to a point; thence N. 690 49' E. 367.17
feet to the place of BEGINNING, and being a portion of Lots 3, 4, and
5, Block 3, Section 1, Map of Sunnybrook, recorded in Plat Book 2, page
187, in the Clerk's Office of the Circuit Court for the County of Roanoke,
Virginia
AND BE IT FURTHER RESOLVED AND ORDERED that the Clerk of this Board
shall forthwith certify a copy of this resolution and order to the Secretary of the
Planning Commission of Roanoke County, Virginia
Adopted by the following roll call vote:
A YES:
Supervisors Nickens, Myers, Minter, Burton, Johnson
NAYS:
None
TAKE NOTICE THAT THE BOARD OF SUPERVffiORS OF
ROANOKE COUNTY HAS RECEIVED AN OFFER TO PURCHASE
A CERTAIN PIECE OR PARCEL OF REAL ESTATE OWNED
BY ROANOKE COUNTY, SAID LYING AND BEING IN THE CITY
OF SALEM, AND KNOWN AND DESIGNATED AS 516 EAST
MAIN STREET.
ADOPTED
County Administrator, Donald R. Flanders explained that an offer to
purchase has been received from T. A. Carter in the amount of $70,000 and that he
has submitted a good-faith check for $7,000. Mr. Flanders informed the Board that
this was the former utility building with an assessed value of $69,250. An earlier
offer of $45,000 was received and the auction offer was $40,000 on this property.
Supervisor Burton moved to accept the $70,000 offer and that a resolution be
prepared and spread in the Minutes.
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7-12-83
RESOLUTION NO. 83-131 ACCEPTING A CERTAIN OFFER
MADE BY T. A. CARTER, JR., ARCHITECT, TO PURCHASE
CERTAIN PROPERTY OF ROANOKE COUNTY LOCATED AT
516 E. MAIN STREET IN SALEM, VIRGINIA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That that certain offer of T. A. Carter, Jr., Architect, to purchase
certain property of Roanoke County situate, lying and being in the City of Salem
and known and designated as 516 E. Main Street for the sum of $70,000.00 be, and
said offer hereby is, ACCEPTED; and
2. That the County Administrator be, and he hereby is, authorized and
directed to perform all acts and to execute and deliver all documents needful and
necessary in the premises to consummate the conveyance of said real estate pursuant
to said offer, all of which shall be upon form approved by the County Attorney.
Adopted by the following roll call vote:
A YES:
Supervisors Nickens, Myers, Minter, Burton, Johnson
NA YS:
None
REQUEST OF INEZ STUMP FOR A SPECIAL EXCEPTION FOR
A MOBILE HOME ON A 5-ACRE TRACT LOCATED ROUTE
221 SOUTH TO LEFT ON ROUTE 1499 (WHISTLER DRIVE) .2
MILE PROPERTY ON RIGHT IN THE WINDSOR HILLS
MAGISTERIAL DISTRICT.
APPROVED
Mrs. Stump was present and explained that the other mobile home has been
removed from the property. There was no opposition, and Supervisor Burton moved
for approval of the special exception. The motion carried by the following roll call
vote:
A YES:
Supervisors Nickens, Myers, Minter, Burton, Johnson
NAYS:
None
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7-12-83
IN RE:
INDUSTRIAL DEVELOPMENT AUTHORITY
Mr. J. B. Goria was present along with his attorney, William Stott, to
ask for the Board's approval of a plan of financing for a shopping center and office
park at the corner of Colonial Avenue and Route 419. This had already been
approved by the Industrial Development Authority, and a public hearing was held.
Supervisor Minter moved for the prepared resolution.
RESOLUTION NO. 83-132 OF THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA
WHEREAS, the Industrial Development Authority of Roanoke County (the
Authority) has considered the application of J. B. Goria, or assigns, (the Purchaser)
for the issuance of the Authority's industrial development revenue bond in an amount
not to exceed $4,000,000 (the Bond) to assist in the financing of acquiring, constructing
and equipping a shopping center and office park, approximately 44,400 square feet
in size, (the Facility) to be owned by the Purchaser and located at the intersection
of Route 419 and Colonial A venue in Roanoke County, Virginia, and has held a
public hearing thereon on June 20, 1983; and
WHEREAS, the Authority has recommended that the Board of Supervisors (the
Board of Supervisors) of Roanoke County, Virginia, (the County), approve the plan
of financing for the Facility to comply with Section 103(k) of the Internal Revenue
Code of 1954, as amended (the Code); and
WHEREAS, a copy of the Authority's resolution approving the plan of financing,
subject to terms to be agreed upon, and a record of the public hearing have been
filed with the Board of Supervisors.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA AS FOLLOWS:
1. The Board of Supervisors approves the plan of financing and the issuance
of the Bond by the Authority for the benefit of the Purchaser, to the extent required
by Section 103(k) of the Code, to permit the Authority to assist in the financing of
the Facility.
2. The approval of the plan of financing and the issuance of the Bond, as
required by Section 103(k) of the Code, does not constitute an endorsement of the
Bond, the financial viability of the Facility or the creditworthiness of the Purchaser.
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7-12-83
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Further, as required by Section 15.1-1380 of the Code of Virginia of 1950, as
amended, the Bond shall provide that neither the Commonwealth of Virginia, the
County nor the Authority shall be obligated to pay the principal of, premium, if
any, the interest or supplemental interest thereon, or other costs incident thereto
except from the revenues and moneys pledged therefor and other applicable security,
and neither the faith, credit, nor the taxing power of the Commonwealth, the County
or the Authority shall be pledged thereto.
3. This Resolution shall take effect immediately upon its adoption.
Adopted by the following roll call vote:
A YES:
Supervisors Nickens, Myers, Minter, Burton, Johnson
NAYS:
None
IN RE:
CITIZENS COMMENTS AND COMMUNICATIONS
The Roanoke County Chief Building Official, R. A. Franklin, will be
retiring. Supervisor Burton moved for the prepared resolution expressing appreciation
for his dedicated service which will be presented at his retirement dinner.
RESOLUTION 83-133 EXPRESSING APPRECIATION TO
ROBERT A. FRANKLIN, SR. UPON HIS RETIREMENT FOR HIS
DEDICATED SERVICE TO ROANOKE COUNTY AND ITS
CITIZENS
WHEREAS, Robert A. Franklin, Sr. commenced employment with Roanoke County
on August 15, 1973, as Chief Building Official for Roanoke County; and
WHEREAS, Mr. Franklin, through proficient performance, has assisted Roanoke
County to attain a professional quality in its building inspection responsibilities; and
WHEREAS, Mr. Franklin has determined to retire as Chief Building Official of
Roanoke County effective July 31, 1983.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County as follows:
1. That the Board does express its deepest and most sincere appreciation
to Mr. Robert A. Franklin, Sr., for his long and dedicated service to Roanoke County
and its citizens; and
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7-12-83
2. That the Board does wish for Mr. Franklin a long, fruitful and happy
retirement; and
3. That an authenticated copy of this resolution, duly displayed, be forthwith
presented to Mr. Robert A. Franklin, Sr.
Adopted by the following roll call vote:
A YES: Supervisors Nickens, Myers, Minter, Burton, Johnson
NA YS: None
Supervisor Minter commented on the letter dated June 27, 1983 from
Roanoke Valley Cable vision, Inc. regarding the rate adjustments. As a member of
the Cablevision Committee, he informed the Board that the Committee voted to
deny the rate increase because they did not have adequate information to justify
it. The Committee agreed to investigate the hiring of an expert qualified to rate
cable television data. Supervisor Minter recommended that the County staff contact
the City of Roanoke and the Town of Vinton to coordinate cost figures for this
consultant. Supervisor Burton moved to table the letter from Roanoke Valley
Cable vision until this information is received and reviewed, and the motion carried by
a unanimous voice vote.
Superintendent of Schools, Bayes Wilson, and Principal of Cave Spring
High School, Garland Life, accepted a plaque presented by Chairman Johnson to
Cave Spring High School recognizing the recent honor as being selected as one of
the outstanding schools in the United States.
IN RE:
REPORTS AND INQWRIES OF BOARD MEMBERS
Supervisor Myers - After the mowing was completed on the North 11
property, the debris was not removed. Supervisor Myers again requested that this
be done.
Supervisor Burton - requested that new permanent locations be considered
for the Bent Mountain dumpsters. They are currently located at the old fire station
and at Bent Mountain School, and the residents are complaining.
16
7-12-83
Supervisor Minter - requested that staff analyze population figures and
growth in real estate valuation to see if Roanoke County is able to have an extra
seat on the Civic Center Commission, and that a report be made at the August 9
meeting.
Since the current health insurance contract expires August 1, Supervisor Minter
inquired if the committee has ever received the report from the consultant.
Superintendent of the Department of Fiscal Management, John Chambliss, reported
that this has been received and has been presented to the County Health Insurance
Committee. The Committee has met and made some recommendations regarding
extension of the existing contract, and a report will be ready for the Board at the
August 9 meeting. The current contract with Lawrence Musgrove & Associates was
to terminate August 1, 1983, with a 60-day cancellation notice. The Board did
extend this contract to July 1, 1984 by a resolution adopted December 7, 1982.
Since the Board was under the impression that the contract was to terminate August
1, 1983, Supervisor Nickens requested that the Board be provided with the document
which extended this until July 1, 1984. Supervisor Minter asked what the balance
of the plan was, and Mr. Chambliss advised that as of the end of June it was
approximately $20,000.
Supervisor Nickens - While visiting the regional landfill, Supervisor Nickens
noticed a non-Roanoke County local government truck that did not have a cover on
it. Since signs are posted that all vehicles delivering trash must have covers, he
requested a legal opinion to see if this restriction can be enforced, or fines established
for violators. The County Attorney will check into this situation.
Supervisor Johnson - no report.
IN RE: REPORTS OF OFFICERS, DEPARTMENTS AND COMMITTEES
Department of Development - an item held over from the June 28, 1983,
agenda is the request of Mr. C. H. Abe and Mr. K. K. Mills for a special use permit
for a landfill. Mr. Abe and Mr. Mills were both present. Mr. Abe explained that
the landfill will be for Mr. Ted Leslie to dump rock, dirt, stumps, and building
17
7-12-83
material and that it would be controlled by cable and lock. Also, there is no water
flow involved in the dumping. Supervisor Burton requested a breakdown of what
the building material would consist of. The contractor, Mr. Ted Leslie, told her that
it would include waste lumber, boxes, boards, sheet rock, insulation, and metal. He
also explained that he had been doing this since 1935 and has not had any problems.
Superintendent of the Department of Development, Timothy Gubala, explained that
the request was for 5 years, that the total amount of land involved was 35 acres,
and that the staff recommendation is that the permit be granted for one year to
be renewed administratively.
Adjacent property owners William Andrews, 3622 Meadowlark Road, Roanoke;
Elmo H. Clemons, 311 Valleydale Avenue, Salem; and Richard F. Dunlap, President
of Norfolk & Western Railway Company, 323 Cassell Lane, Roanoke spoke in opposition
to the proposed landfill. Some of their concerns were lower assessed property
values, the narrow width of the road and the fact that two vehicles cannot pass at
the same time, potential for air and water contamination, cost of highway repairs
due to the heavy dump trucks, and safety of the citizens and children. Richard W.
Parker, Attorney for Richard F. Dunlap, 4923 Balsam Drive, Roanoke, also requested
that the permit be denied. He indicated that a prime area of his practice is
environmental law and that landfills should not be permitted unless operated by the
public.
Timothy W. Gubala informed the Board that because of the construction and
building activity in Roanoke County the need for landfills must be recognized; and
there is a need for specific guidelines, standards, and procedures to be established.
He also visited Prince William and Fairfax Counties to investigate how they are
dealing wi th landfills.
Supervisor Nickens moved to continue this until the first meeting in August in
order to give members of the Board time to inspect the site.
Supervisor Minter made a substitute motion to deny the permit due to the lack
of current guidelines which would regulate this type of operation.
Supervisor Nickens moved to table the item. Before the vote was taken,
discussion followed by Supervisors Johnson, Burton, and Minter. The motion was then
IS'
7-12-83
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defeated by the following roll call vote:
AYES: Supervisors Nickens, Burton
NA YS: Supervisors Myers, Minter, Johnson
The substitute motion by Supervisor Minter to deny the permit based on
environmental concerns, traffic problems, and the County's current inability to
enforce, regulate, and monitor landfills was then voted on and approved by the
following roll call vote:
A YES: Supervisors Myers, Minter, Burton, Johnson
NAYS: Supervisor Nickens
Since the motion to deny the permit was approved primarily due to the
County's current inability to monitor this type of landfill, Supervisor Burton directed
the staff to begin consideration of the various types of ordinances that can be
implemented to govern the landfills in Roanoke County in the future. County
Attorney Buchholtz advised that the request for a special use permit can be brought
back before the Board again at any time.
Bill Newhoff, a resident of Route 691, Roanoke, also spoke in opposition
saying that the Regional Landfill on Rutrough Road has 12 years remaining and the
landfill at miles Spring Park in Salem has 6 or 7 years - thus questioning the actual
need for another one.
IN RE:
RECESS
At 8:40 p.m. Chairman Johnson called for a ten-minute recess.
IN RE:
RECONVENEMENT
At 8:55 p.m. the meeting reconvened.
19
7-12-83
IN RE:
REPORTS OF OFFICERS, DEPARTMENTS, AND COMMITTEES (Continued)
County Attorney - presented a resolution authorizing condemnation of
certain property for construction of the Glade Creek Interceptor. He explained that
this was a duplicate of a resolution already passed, except for the addition of a
fourth paragraph which is a designation of a "quick-take provision" adopted as part
of the State Code on July 1, 1983. Supervisor Nickens moved for the prepared
resolution.
RESOLUTION NO. 83-134 AUTHORIZING AND DIRECTING
THE COUNTY ATTORNEY TO INSTITUTE CONDEMNATION
PROCEEDINGS TO ACQUIRE A CERTAIN EASEMENT WANTED
AND NEEDED BY THE COUNTY OF ROANOKE FOR THE
CONSTRUCTION OF A CERTAIN INTERCEPTOR SEWER LINE
IN THE COUNTY OF ROANOKE AND FURTHER AUTHORIZING
THE COUNTY ATTORNEY TO SEEK A RIGHT-OF-ENTR Y
UPON SUCH PROPERTY ON BEHALF OF THE COUNTY OF
ROANOKE, ITS EMPLOYEES AND AGENTS PENDING A FINAL
RESOLUTION OF SAID CONDEMNATION PROCEEDING
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the County of Roanoke has determined that a certain interceptor
sewer project within Roanoke County; i.e., the Glade Creek Sewer Project, is
necessary in order to promote the health and general welfare of the citizens of
Roanoke County; and
2. That a certain easement is wanted and needed by the County of Roanoke
in order to proceed with said sewer interceptor project and a bona fide offer to
acquire same has been made, which said bona fide offer has been refused; and the
aforesaid easement wanted and needed by the County of Roanoke is more particularly
described as follows, to-wit:
A 15' permanent easement across the property of the Lester C. Hutts
Estate, the center line of which is described as follows:
Beginning at an iron pipe on the northwest boundary of Norfolk & Western
Railway, which point is common corner to Lots 4 and 5 of the Berkley
Estate; thence N. 43 deg. 05 min. 17 sec. W. 417.24 feet to the actual
beginning point of said center line; thence N. 37 deg. 19 min. 03 sec. E.
235.10 feet to a point; thence N. 54 deg. 47 min. 24 sec. E. 496.93 feet to
a point; thence N. 51 deg. 35 min. 50 sec. E. 229.56 feet to a point in
the boundary between Lots 5 and 6 of the Berkley Estate, which point is
N. 45 deg. 12 min. 59 sec. W. 306.73 feet from the point of intersection
of Lots 5 and 6 of the Berkley Estate and the Norfolk & Western Railway,
as shown on plat dated January 13, 1982 made by Guffey, Hubble, and
McGhee, P.C., which is attached hereto and made a part hereof.
20
.
7-12-83
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Together with a 35' wide construction easement as shown on a certain
plat prepared by the Engineering Division of the Roanoke County
Department of Public Facilities.
The fair market value of the aforesaid interest to be acquired is $1,188.00.
Damages to the residue property are $00.00.
3. That the County of Roanoke, in order to proceed with the Glade Creek
Sewer Project in an expeditious and orderly fashion needs to immediately enter upon
the hereinabove described property and the County Attorney, in the petition for
condemnation, is authorized and directed to seek a right-of-entry as made and
provided by law and in furtherance thereof is authorized and directed to pay into
Court the hereinabove set forth fair market value of said interest to be acquired,
the same to be placed in an interest bearing account for the benefit of each said
property owner pending a final determination of said proceeding or other order of
the Court.
4. That pursuant to Section 15.1-238 of the 1950 Code of Virginia, as
amended, and pursuant to the last will and testament of Lester C. Butts, deceased,
which said will was probated July 5, 1983, Rita K. Butts, individually, as Co-executrix
and as Co-Trustee, and Pamela Willoughby, individually, as Co-Executrix and as Co-
Trustee, the owner or owners of the property through which the aforesaid easement
will traverse shall on July 13, 1983 be given notice as made and provided by law
that the County, its officers, employees and agents shall immediately enter upon
and take possession of the property or interest therein, hereinabove set out, for the
purpose of immediate commencement of construction to immediately provide for the
health, safety and welfare of the citizens of Roanoke County.
Adopted by the following roll call vote:
AYES:
Supervisors Nickens, Myers, Minter, Burton, Johnson
NAYS:
None
IN RE:
CITIZENS COMMENTS AND COMMUNICATIONS (Continued)
Steve McGraw, 3883 Shawnee Trail, Salem, addressed the Board and
requested that the updated County Code be placed in all seven branches of the
County Libraries for use by the citizens.
21
7-12-83
The County Attorney advised that the County Code is in the process of
recodification, and that the most complete updated copy is currently in his office.
Recodification was commissioned approximately four months ago, and a new code
will be available after recodification is completed.
Supervisor Minter moved that updated supplements be sent to each of
the County Libraries until the new Code is completed. Supervisors Nickens and
Burton felt that this would require an excessive amount of unnecessary work since
the recodification process is in progress. Supervisor Myers moved to place one
updated copy of the County Code in the Main Library, and the motion carried by
the following roll call vote:
A YES:
Supervisors Nickens, Myers, Minter, Burton, Johnson
NA YS:
None
IN RE:
REPORTS OF OFFICERS. DEPARTMENTS. AND COMMITTEES (Continued)
County Administrator - Presented the resolution which would authorize
the agreement between Virginia Poly tech Institute and Roanoke County outlining the
responsibilities of the operation of the Cooperative Extension Service. Supervisors
Minter and Nickens were on the Committee which set up the agreement. Supervisor
Burton moved for the prepared resolution:
RESOLUTION NO. 83-135 AUTHORIZING THE COUNTY
ADMINISTRATOR TO ENTER INTO A CERTAIN AGREEMENT
ON BEHALF OF ROANOKE COUNTY WITH THE VIRGINIA
COOPERATIVE EXTENSION SERVICE
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That that certain agreement between the County of Roanoke and the
Virginia Cooperative Extension service setting forth certain responsibilities and duties
undertaken and to be undertaken relating to the provisions of extension services to
the citizens of Roanoke County be; and same hereby is, APPROVED; and
2. That the County Administrator be, and he hereby is, authorized and
directed on behalf of Roanoke County to execute a certain memorandum of agreement
22
7-12-83
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by and between Roanoke County and the Virginia Cooperative Extension Service, all
of which shall be upon form approved by the County Attorney.
Adopted by the following roll call vote:
AYES: Supervisors Nickens, Myers, Minter, Burton, Johnson
NAYS: None
On July 11, 1983, Donald R. Flanders and John Chambliss attended the
JLRC meeting in Richmond. This is a joint legislative group currently studying local
financing particularly in regards to education. As the Committee works on this,
the Board will be made aware of its findings.
Pursuant to the Board's direction, work is under way with the School
Board staff in setting up a plan for gas distribution systems. Four locations have
been selected for the gasoline storage tanks. Bid documents and proposals will be
ready in August and September.
Homer Duff, of the School Board, is currently working on figures regarding
the Board of Supervisors' request for cost for construction of a vehicle maintenance
building on the school grounds.
Donald R. Flanders visited the Regional Landfill Operation on July 8,
1983 with Howard Keister, County Regional Landfill Board Member, to view the
baler operation. Supervisor Minter asked that the Welfare Department be contacted
for help from the Workfare Program to clean up the Regional Landfill area.
Department of Public Facilities - Superintendent John Hubbard reported
on the selection of alternates for the Water Study Committee. The four alternates
are Smith Mountain Lake, Back Creek, West County Reservoir, and Roanoke
River/Carvins Cove Interconnection. A Committee report should be available in
Septem ber.
To update on the status of the EPA - Big Hill Project, a meeting was held
to discuss the projected time for completion. Mr. Hubbard informed the Board that
this should be completed in December. Supervisor Johnson inquired as to contacting
the people to connect into this system. Mr. Hubbard said he had five who either did
not reply or replied "no" to his initial letter. Three or four were not interested.
Another letter will be sent to these people stressing that they reconsider this free
connection to the water supply due to the potential health hazards and contamination
23
7-12-83
of their present water supply. Chairman Johnson recommended that Mr. Hubbard
obtain a letter from Dr. Welch, of the Health Department, outlining this point and
that her letter be sent with his second letter.
IN RE:
APPOINTMENTS
Howard Keister was reappointed for a one-year term effective July 31,
1983 to the Roanoke Valley Regional Solid Waste Management Board on motion by
Supervisor Burton and a unanimous voice vote.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Chairman Johnson - forgot to mention that while she was in Richmond
on July 5, there was a great deal of discussion about the literary funds, and she
wanted to make it clear that they were only frozen for 18 months; and after that
time there is no intention of putting the freeze back on.
IN RE:
EXECUTIVE SESSION
At 9:42 p.m. Supervisor Burton moved to go into Executive Session pursuant
to the Code of Virginia, Section 2.1-344(a), (1) to discuss a personnel matter which
is Item 5 of the Consent Agenda, and the motion carried by a unanimous voice vote.
IN RE:
OPEN SESSION
At 10:03 p.m. Supervisor Minter moved to return to open session.
Supervisor Burton left the meeting at this time. Chairman Johnson requested that
each Constitutional Officer be forwarded a copy of the revised draft of personnel
services. Supervisor Minter moved that the salaries of the Sheriff's Department and
the Clerk of Circuit Court Offices be approved. (Item 5 of the Consent Agenda).
24
7-12-83
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RESOLUTION NUMBER 83-128.a
On motion made by Supervisor Minter, the General Appropriation Resolution
of Roanoke County, Virginia, adopted June 14, 1983 be, and is the same hereby
amended as follows to become effective July 12, 1983:
DESCRIPTION ACCOUNT NUMBER INCREASE
(DECREASE)
Class: Expenditures
Fund: General Operating
Dept: Policing & Investigating
Object: Salaries 03-6-03102-10010 $ 1,589
Part-time Help 03-6-03102-10030 2,400
FICA - Employer's
Contribution (EC) 03-6-03102-20010 267
VSRS - EC 03-6-03102-20020 176
LI - EC 03-6-03102-20060 16
Dept: Clerk of Circuit Court
Object: Salaries 03-6-02106-10010 12,076
FICA - EC 03-6-02106-20010 809
VSRS - EC 03-6-02106-20020 1,340
LI - EC 03-6-02106-20060 122
Dept: Employee Benefits
Object: Reserve for Reclassi-
fications 03-6-09102-10015 (18,795)
To adjust personnel budget for the Sheriff and Clerk of Circuit Court based
on the Compensation Board salaries.
Adopted by the following roll call vote:
AYES: Supervisors Nickens, Myers, Minter, Johnson
NA YS: None
ABSENT: Supervisor Burton
Building Official Position - Chairman Johnson nominated Timothy Gubala,
Dan Bolt, and Robert Myers to serve as a screening committee to make
recommendations on the candidates for filling this position due to the retirement of
R. A. Franklin.
IN RE:
ADJOURNMENT
At 10:07 p.m. Supervisor Nickens moved to adjourn the meeting, and the
motion carried by a unanimous voice vote.
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