11/9/1983 - Regular
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S. W.
Roanoke, VA 24015
November 11, 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
November, 1983.
IN RE:
CALL TO ORDER - SPECIAL CALL MEETING
Chairman, May W. Johnson, called the special call meeting to order
at 1 :14 p.m. The roll call was taken:
MEM BERS PRESENT:
Chairman, May W. Johnson; Vice Chairman, Harry C.
Nickens; Supervisor, Athena E. Burton
MEMBERS ABSENT:
Supervisors Gary J. Minter, Robert E. Myers
IN RE:
EXECUTIVE SESSION
Supervisor Nickens moved to go into Executive Session pursuant to
the Code of Virginia, Section 2.1-344 (a) (6) to discuss a legal matter. The motion
carried by a unanimous voice vote. Supervisor Minter arrived at 1:27 p.m. during
the Executive Session.
IN RE:
OPEN SESSION
Supervisor Minter moved to return to open session at 2:50 p.m. The
motion carried by a unanimous voice vote. Supervisor Burton moved to adjourn
the Special Call Meeting at 2:51 p.m., and the motion carried by a unanimous
voice vote.
IN RE:
CALL TO ORDER
At 3:00 p.m. Chairman, May W. Johnson called the regular meeting
to order. The roll call was taken:
MEMBERS PRESENT:
Chairman, May W. Johnson; Vice Chairman, Harry C.
Nickens; Supervisors Athena E. Burton, Gary J. Minter
MEMBERS ABSENT:
Supervisor Robert E. Myers
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11-9-83
Work Session - Sewer and Water Rates Mr. E. J. Gentsch, 5060
Falcon Ridge Road, Roanoke, Virginia, presented a new proposal outlining his
thoughts and recommendations for a fair and equitable billing system for all citizens
of Roanoke County. The staff presented its recommendations for water and sewer
rate revisions to be effective January 1, 1984. As a result of this discussion,
the Board of Supervisors made the following motions:
Supervisor Minter moved that the staff prepare model rate structures
using Mr. Gentsch's proposal which consists of 21 factors to facilitate a smoother
curve with smaller increments. This report is to include financial advantages and
disadvantages. The motion carried by a unanimous voice vote.
Supervisor Minter moved for staff to provide written answers for
Mr. Gentsch's concerns and include alternatives. The motion carried by the
following voice vote:
AYES: Supervsiors Minter, Burton, Johnson
NAYS: Supervisor Nickens
ABSENT: Supervisor Myers
Supervisor Minter moved for the staff to prepare a report on the
possible alternatives for rate adjustments for 1983. This report is to be prepared
in cooperation with Mr. Gentsch and to include the available options and legal
implications. The motion carried by a unanimous voice vote.
Supervisor Minter moved that a water and sewer rate public hearing
be scheduled for December 13, 1983, advertising "rates not to exceed "
This amount is to be determined by the Superintendents of the Departments of
Fiscal Management and Public Facilities and the County Administrator. This
amount is also to be determined after the Superintendents have an opportunity to
review Mr. Gentsch's most recent proposal. The motion carried by a unanimous
voice vote.
Work Session - Grants Policy Superintendent of the Department of
Development, Timothy Gubala, explained that there is no existing policy for
evaluating, reviewing, and submitting grants. After discussing some language and
procedure revisions, Mr. Gubala advised that the revised Policy would come back
to the Board as a part of the Consent Agenda.
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IN RE:
RECESS
At 5:35 p.m. Chairman Johnson called for a dinner recess.
IN RE:
CALL TO ORDER
Chairman Johnson called the regular meeting to order at 7:06 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
MEM BERS ABSENT:
Supervsior Robert E. Myers
IN RE:
OPENING CEREMONIES
Vice Chairman, Harry C. Nickens, offered the invocation. The Pledge
of Allegiance was recited by all present.
IN RE:
CONSENT AGENDA
Chairman Johnson indicated that Superintendent of the Department
of Fiscal Management, John Chambliss, requested that Items #8, #9, and #10 be
deleted because the Bid Committee did not have an opportunity to meet, and that
Item #15 also be deleted. Supervisor Burton raised a question on Item #16,
wanting verification of the Virginia Poly technical Institute student's qualifications
who will be conducting the study for the future use of the existing Roanoke
County Courthouse. Supervisor Minter moved the following Consent Agenda
Resolution deleting Item #8, #9, #10 and #15:
RESOLUTION NO. 83-200 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET FORTH ON THE
BOARD OF SUPERVffiORS AGENDA FOR THffi DATE
DESIGNATED AS ITEM B - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That that certain section of the agenda of the Board of Supervisors
for November 9, 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 1 through 20, deleting Items 8, 9, 10, and 15 as follows:
1. Letter dated October 5, 1983, from F & W Community
Development Corporation regarding Glade Creek sewer project
- Memorandum of Agreement - Resolution
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11-9-83
2.
3.
4.
5.
6.
7.
Memorandum dated October 20, 1983, from George R. Long,
Executive Director of V ACO regarding JLARC public hearing
on local mandates and financial resources of local governments
Letter dated October 19, 1983, from Mary Parker, Roanoke
city Clerk, regarding Resolution No. 26737 approving and
endorsing Articles of Incorporation of the Regional Partnership
of Roanoke Valley, Inc.
Letter dated October 10, 1983, from Joel M. Schlanger, Director
of Finance for Roanoke City, regarding the new bulk sewage
rate
Letter dated October 10, 1983, from Joel M. Schlanger, Director
of Finance for Roanoke City, regarding the new bulk water rate
Letter dated October 19, 1983, from George W. Nester, Town
Manager of Vinton, regarding the development of a West County
water supply
Memorandum from Virginia Municipal League dated October
13, 1983, regarding C & P Telephone Company rate increase
req ues t
8;-----Bt~-connnM1~~-~~--hrternn-~gn---Reso~on-
9.-----8Hi~e~M~ee-R~~--F~al~ORSHMftfl4s---HeS6HKf6ft
1:&;- - - - - - Bid -€ommH:-tee- R-epori:- - -'Pelephone- -6ormtl1:an ts- - -R-e~tttion
11. Bid Committee Report: Legal Services - Resolution
12. Letter to U. S. Environmental Protection Agency from the
State Water Control Board requesting status for Roanoke
County's 205 (j) Watershed Planning Grant proposal
13. Accounts paid - September, 1983
14. Accounts paid - October, 1983
1-50.. - - - - - Fiftaftei1tl-Rel'OI"t- - i\-nalysis- for- -period ~flg- 6-3& -and- f)-59-83
16. Staff study for future use of the existing Roanoke County
Courthouse
17. Letter from the Office of the Governor dated October 24,
1983, regarding development of Hollins Park.
18. Report authorizing Change Orders 2 and 3, Glade Creek
Interceptor Project 81-1-S - Resolution
19. Report: Roanoke River Interceptor permit to cross Norfolk &
Western Right-of-Way - Resolution
20. Letter from State Office of Emergency and Energy Services
dated October 26, 1983, regarding designation of Roanoke
County as a natural disaster area.
21. Letter from Virginia Water Project dated october 27, 1983,
regarding meeting to discuss water services for low-income
families.
22. Treasurer's Report - July, 1983.
23. Treasurer's Report - August, 1983.
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2. That the Clerk to the Board is hereby authorized and directed where
required by law to set forth upon any of said items the separate vote tabulation
for any such item pursuant to this resolution.
Adopted by the following roll call vote:
AYES:
Supervisors Nickens, Minter, Burton, Johnson
NAYS:
None
ABSENT:
Supervisor Myers
RESOLUTION NO. 83-200.a AMENDING RESOLUTION
NO. 83-147 APPROVING THE EXECUTION OF
REIMBURSEMENT AGREEMENTS BY AND BETWEEN
ROANOKE COUNTY AND CERTAIN DEVELOPERS IN
CONNECTION WITH THE GLADE CREEK INTERCEPTOR
PROJECT, TO PROVIDE FOR A COMMENCEMENT
DATE OF THE TEN (10) YEAR REIMBURSEMENT
PERIOD
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
that Resolution No. 83-147 be amended to read and provide as follows:
1. That the execution of certain reimbursement agreements by and
between Roanoke County and certain developers in connection with the Glade
Creek Interceptor Project be, and hereby is, approved as follows:
Fr alin and Waldron
$126,680
(41.7696)
Roanoke Valley Development
Corporation and the Greater
Roanoke Valley Development
F ounda tion
Roanoke County Land Venture
$ 10,902
$ 15,000
(3.5996)
(4.9496)
2. That the County Administrator is hereby authorized and directed to
execute said agreements upon a form approved by the County Attorney on behalf
of Roanoke County; and
3. That said reimbursement contracts executed pursuant hereto shall
contain among other provisions a commencement date for the ten year reimbursement
period which shall not be earlier than the date upon which actual sewer connections
can be made to the Glade Creek sewer interceptor as established in writing by
the Superintendent of Public Facilities.
Adopted by the following roll call vote:
AYES:
Supervisors Nickens, Minter, Burton, Johnson
NAYS:
None
ABSENT:
Supervisor Myers
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RESOLUTION NO. 83-200.b ACCEPTING A CERTAIN
BID MADE TO THE COUNTY OF ROANOKE FOR LEGAL
SERVICES TO ASSIST THE COUNTY ATTORNEY
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That that certain bid of Gardner, Moss, Brown and Rocovich in the
amount of $85.00 per hour for consultation, review plus expenses incurred; $100.00
per hour for actual litigation plus any expenses incurred; $23.00 per hour for work
of paralegals; $15.00 per hour for work of secretaries, being the best bid submitted
for legal services to assist the County Attorney, upon all and singular the terms
and conditions of the invitation to bid, the specifications of the County of Roanoke,
the bidder's proposals, and the provisions of this resolution, be, and the same
hereby is ACCEPTED; and
2. That the County Administrator is hereby authorized and directed to
enter into a contract upon a form approved by the County Attorney for this
service; and
3. That all other bids for this service are hereby rejected and the
County Clerk is directed to so notify such bidders and express the County's
appreciation for the submission of their bids.
Adopted by the following roll call vote:
AYES:
Supervisors Nickens, Minter, Burton, Johnson
NAYS:
None
ABSENT:
Supervisor Myers
RESOLUTION NO. 83-200.c
On motion made by Supervisor Minter, the General Assembly
Appropriation Resolution of Roanoke County, Virginia, adopted June 14, 1983, be,
and is the same hereby amended as follows to become effective November 9, 1983:
INCREASE
(DECREASE)
DESCRIPTION
ACCOUNT NUMBER
Class:
Fund:
Department:
Expenditures
General
Superintendent of Public
Facilities
Professional Services
-"
Object:
03-6-04000-30020
$2,400
Department: Employee Benefits
Object: Reserve for Reclassi-
fication
03-6-09102-10015
(2,400)
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Adopted by the following roll call vote:
AYES:
Supervisors Nickens, Minter, Burton, Johnson
NAYS:
None
ABSENT:
Supervisor Myers
RESOLUTION NO. 83-200.d AUTHORIZING THE
ISSUANCE OF CHANGE ORDER NO. 2 AND 3A FOR
PROJECT 81-1-S, GLADE CREEK INTERCEPTOR
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the Board does hereby authorize the issuance of Change Orders
No.2 and 3A to the contract for Project 81-1-S, Glade Creek Interceptor, the
same to be in the following words and figures, to-wit:
Change Order No.2:
Shift sewer away from creek-
one addi tional manhole and seven
additional feet of pipe
Add
$1,026.00
Change Order No. 3A:
Additional engineering services
for alignment of sewer lines and
manholes - Grissom property
Add
$ 567.11
Adopted by the following roll call vote:
AYES:
Supervisors Nickens, Minter, Burton, Johnson
NAYS:
None
ABSENT:
Supervisor Myers
RESOLUTION NO. 83-200.e APPROVING AND
AUTHORIZING THE COUNTY ADMINISTRATOR TO
EXECUTE A CERTAlli NORFOLK & WESTERN
RAILWAY PERMIT AGREEMENT RELATING TO THE
ROANOKE RIVER INTERCEPTOR EXTENSION
PROJECT
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That that certain Norfolk & Western Railway permit agreement
authorizing Roanoke County to place a portion of the Duiquid Lane sewer extension
relating to the Roanoke River Interceptor extension project in the Norfolk &
Western Railway Co. right-of-way at an annual permit fee not to exceed $250.00,
be, and hereby is, approved and confirmed; and
2. That the County Administrator be, and hereby is, authorized and
directed to execute said permit agreement on behalf of Roanoke County, the same
to be in form approved by the County Attorney.
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Adopted by the following roll call vote:
AYES:
NAYS:
ABSENT:
Supervisors Nickens, Minter, Burton, Johnson
None
Supervisor Myers
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Burton - no report.
Supervisor Minter - no report.
Supervisor Nickens - moved that the County Attorney draft legislation
to local delgates expressing the Roanoke County Board of Supervisors interest in
impelementing the telephone emergency number E-911 Program. The motion carried
by a unanimous voice vote.
Supervisor Nickens also reviewed the status of the Vinton Library,
indicating that Mr. George Garretson, Library Director, is reviewing the alternatives
for another temporary location because the current temporary facilities at the
Vinton Municipal Building will have to be vacated due to renovation.
Supervisor Johnson - presented the following proclamation for
American Education Week. Those present to receive it were Superintendent of
Roanoke County Schools, Bayes Wilson; Chairman of the Roanoke County School
Board, James Wymer; Chairperson of American Education Week Committee, Garland
Kidd; Roanoke County County Council PT A President, Bill Reid; and Roanoke
County Education Representative, Ms. Shelby Thomason.
PROCLAMATION
WHEREAS, the public schools are an important and integral part of our
society; and
WHEREAS, the concept of a free and equal education is an American
tradition and this country's strength; and
WHEREAS, all citizens have a responsibility to support the public schools.
NOW, THEREFORE, I, May W. Johnson, Chairman of the Board of Supervisors
of Roanoke County, Virginia, do hereby proclaim November 13 - 19, 1983, as
AMERICAN EDUCATION WEEK
11-9-83
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in Roanoke County and urge all citizens to make a commitment to public education
and to the future of Roanoke County children by visiting their local public schools
and by donating their time and talents to help make the public schools even better.
The following proclamation was also presented by Chairman Johnson
regarding National Adoption Week:
PROCLAMATION
WHEREAS, over 500 local groups of adoptive parents and concerned citizens
comprising The North American Council on Adoptable Children recognize the
essential value of belonging to a secure, loving, permanent family as every child's
basic right; and
WHEREAS, at least 750,000 American children are growing up without
permanent family attachments, at public expense; and
WHEREAS, for at least 150,000 of these children - including many minority
children, SChool-age children, and children with special physical, mental, and
emotional needs - adoption by capable parents is the most viable option to insure
their long-range well being; and
WHEREAS, for the eighth year, The North American Council on Adoptable
Children has designated Thanksgiving week as National Adoption Week to focus
collective attention on the urgency and importance of providing waiting children
permanence; and
WHEREAS, a variety of media, agencies, adoptive parent and advocacy
groups, civic and church groups, businesses and industries will feature publicity
and information to heighten community awareness of the crucial needs of waiting
children during Adoption Week; and
WHEREAS, it is in the public interest to support and extend this national
observance.
NOW, THEREFORE, I, May W. Johnson, Chairman of the Board of Supervisors
of Roanoke County, Virginia, do hereby designated the week of November 20 - 26,
1983, as
NATIONAL ADOPTION WEEK
in Roanoke County, and bring this important need to the attention of all citizens,
urging their full participation and support.
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CONTINUATION OF PUBLIC HEARING ON THE
EST ABLISHMENT OF A SIX-YEAR CONSTRUCTION
PROGRAM FOR THE SECONDARY SYSTEM OF THE
STATE HIGHWAYS FOR THE FISCAL YEARS 1983-84
AND 1984-85.
ADOPTED
Superintendent of the Department of Public Facilities, John Hubbard,
reviewed the status indicating that an addition to the Plan was the continuation of
a study on Sugar Loaf Mountain Road to determine other alternatives. He
recommended the Board adopt the Plan as recommended. Supervisor Burton moved
for adoption of the proposed Six-Year Plan, and that a resolution be prepared by
the County Attorney and spread in the Minutes.
RESOLUTION NO. 83-201 APPROVING CERTAIN
PRIORITIES FOR ROANOKE COUNTY'S SIX YEAR
PLAN FOR HIGHW AY IMPROVEMENTS WITHIN THE
COUNTY BY THE VIRGINIA DEPARTMENT OF
HIGHWAYS AND TRANSPORTATION
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That pursuant to public hearing duly held by the Board of Supervisors
on October 25, 1983, and continued to November 9, 1983, the Board of Supervisors
duly heard public comment on a certain priority list for highway improvements in
Roanoke County to be made as part of a Six Year Plan by the Virginia Department
of Highways and Transportation, and did duly consider same as set forth on that
certain priority list bearing date of November 9, 1983, on file in the Office of
the Clerk to the Board of Supervisors and does hereby approve, ratify and confirm
said aforementioned Six Year priority list; and
2. That an attested copy of this resolution be forthwith forwarded to
the Virginia Department of Highways and Transportation, Salem Residency.
Adopted by the following roll call vote:
AYES:
Supervisors Nickens, Minter, Burton, Johnson
NAYS:
None
ABSENT
Supervisor Myers
11-9-83
206
REQUEST OF WILEY AND NADINE McGUIRE FOR A
SPECIAL EXCEPTION TO PLACE A MOBILE HOME ON
A 23-ACRE TRACT LOCATED ON THE EAST SIDE OF
STATE ROUTE 667 APPROXIMATELY 0.5 MILE FROM
THE INTERSECTION OF STATE ROUTES 666 AND 667
IN THE CAVE'SPRING MAGISTERIAL DISTRICT.
APPROVED
Mr. McGuire was present. There being no opposition, Supervisor
Minter moved that the special exception be granted, and the motion carried by a
unanimous voice vote.
REQUEST OF DALLAS W. PARRISH TO PLACE A
MOBILE HOME ON A 2.0-ACRE TRACT TO BE
OCCUPIED BY HIS SON, DALLAS WAYNE PARRISH,
LOCATED ON THE EAST SIDE OF A PRIVATE ROAD
AT THE END OF STATE ROUTE 603 IN THE CATAWBA
MAGISTERIAL DISTRICT. BOARD OF ZONING
APPEALS VARIANCE ISSUED AS TO NON-OWNER
OCCUP ANY, OCTOBER 19, 1983.
APPROVED
Mr. Parrish, Sr. was present. There was no opposition, and Supervisor
Minter moved that the permit be granted. The motion carried by a unanimous
voice vote.
REQUEST OF GLORIA B. GUTHRIE TO PLACE A
MOBILE HOME ON A .42-ACRE TRACT WITH AN
EXISTING DWELLING TO BE OCCUPIED BY HER SON,
LARRY GUTHRIE, LOCATED ON THE SOUTH SIDE OF
STATE ROUTE 845 APPROXIMATELY 0.5 MILES FROM
THE INTERSECTION OF STATE ROUTES 676 AND 845
IN THE CAVE SPRING MAGISTERIAL DISTRICT.
BOARD OF ZONING APPEALS VARIANCE ISSUED AS
TO NON-OWNER OCCUPANY, OCTOBER 19, 1983.
APPROVED
Mr. Guthrie was present. There being no opposition to the request,
Supervisor Minter moved that the permit be granted; and the motion carried by
a unanimous voice vote.
REQUEST OF MARSHALL DOOLEY. JR. TO PLACE A
MOBILE HOME ON A loO-ACRE TRACT WITH AN
EXISTING DWELLING TO BE OCCUPIED BY MR. AND
MRS. MARSHALL DOOLEY, JR. LOCATED ON THE
NORTH SIDE OF STATE ROUTE 913 APPROXIMATELY
0.33 MILES FROM THE INTERSECTION OF STATE
ROUTE 641 AND 913 IN THE CATAWBA MAGISTERIAL
DISTRICT. BOARD OF ZONING APPEALS VARIANCE
ISSUED AS TO NON-OWNER OCCUPANCY AND
EXISTING DWELLILNG, OCTOBER 19, 1983.
APPROVED
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11-9-83
There was no opposition. Mr. Dooley was present. Supervisor Minter
moved that the request be granted, and the motion carried by a unanimous voice
vote.
PETITION OF MARTHA W. WILLIAMS, WARREN F.
WILLIAMS, AND THOMAS L. WILLIAMS REQUESTING
REZONING FROM B-2 TO M-l OF A TRACT
CONTAINING .32 ACRES AND LOCATED AT LOTS 22,
23, and 24 - 5635 WILLIAMSON ROAD, N. W.,
ROANOKE, VIRGINIA, IN THE HOLLINS MAGISTERIAL
DISTRICT.
APPROVED
Mr. Thomas L. Williams was present and explained that the rezoning
was requested in order to operate a car care center in an existing building. There
was no opposition, and Supervisor Minter moved to grant the petition.
FINAL ORDER
NOW, THEREFORE, BE IT ORDERED that the aforementioned tract
of land, more particularly described below, be rezoned from B-2 to M-1.
The property of Warren F. Williams, Martha P. Williams,
and Thomas L. Williams being Lots 22, 23, and 24 which
border U. S. Route # 11. Starting at existing iron pin,
corner of Lot 24, N 30 00 ' W, 111.6' to corner of Lot
22, N 780 31 'E, 172.3' to existing iron pin at opposite
corner of Lot 22, 5550 00' W. 283.6' to starting iron
pin at corner of lot 24.
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 by the following roll call vote:
AYES:
Supervisors Nickens, Minter, Burton, Johnson
NAYS:
None
ABSENT
Supervisor Myers
PETITION OF BRANCH (\ ASSOCIATES, INC., CENTURY
DEVELOPMENT CORPORATION, GEORGE W. LOGAN,
AND JAMES F. DOUTHAT REQUESTING REZONING
FROM R-l and B-1 to B-2 OF A TRACT CONTAINING
APPROXIMATELY 2.919 ACRES, MORE OR LESS,
SITUA TED IN THE HOLLINS MAGISTERIAL DISTRICT
OF ROANOKE COUNTY
APPROVED
Mr. James F. Douthat, one of the petitioners, was present and
represented the other petitioners. He offered a petition signed by 45 adjacent
neighbors in favor of the new car dealership to be leased to Valley Motorsport,
Incorporated.
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Supervisor Minter moved that the rezoning 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 9th
day of November, 1983, the said County Zoning Ordinance be, and the same is
hereby amended so as to reclassify the property described in said petition from
Residential District R-1 and Business District B-1 to Business District B-2 in order
that said property might be more fully and reasonably used, the said property
being located in the County of Roanoke, State of Virginia, and more particularly
described as follows:
A certain tract of land bounded by Virginia Highway
No. 117 (Peters Creek Road), St. Phillips Lutheran
Church, Lots 1 through 6 Tinker Knoll and the thirty
foot road adjacent to the property of Thomas L. Powers
and Frances L. Powers designated on Roanoke County
Property Identification Map No. 14, Insert 14c, AS
PARCEL "B" and on Roanoke County Property
Identification Map No. 15 as Parcel 30 and bearing Tax
Bill No. 306442.
Said zoning to be subject to the following conditions:
a. A ten OO)-foot strip of land along the westerly boundaries of
the property adjoining Parcel "A" and Lots 1, 2, 3, 4, 5, and 6 of Tinker Knoll
Subdivision shall not contain any structures or parking facilities and shall remain in
a natural state, to act as a buffer between the property to be rezoned and the
designated parcel and lots in Tinker Knoll Subdivision.
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, and a copy to Hazlegrove,
Dickinson, Rea, Smeltzer & Brown, attorneys for the petitioner.
Adopted by the following roll call vote:
A YES:
Supervisors Nickens, Minter, Burton, Johnson
NAYS:
None
ABSENT:
Supervisor Myers
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11-9-83
PETITION OF THE BOARD OF SUPERVISORS TO AMEND
ARTICLE II, PUBLIC DANCE HALL OF CHAPTER 4
AMUSEMENTS OF THE CODE OF ROANOKE COUNTY
PERTAINING TO DEFINITION AND PERMITS REQUIRED.
ADOPTED
Supervisor Nickens moved the following prepared ordinance:
ORDINANCE NO. 83-202 AMENDING ARTICLE II.
PUBLIC DANCE HALLS OF CHAPTER 4. AMUSEMENTS
OF THE ROANOKE COUNTY CODE
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That Article II. Public Dance Hall of Chapter 4. Amusements of the
Roanoke County Code be amended to read and provide as follows:
Article II. Public Dance Halls.
Sec. 4-2.
"Public dance hall" defined.
A "public dance hall" shall be construed to mean any place where dancing
is permitted to which an admission fee is charged, or for which compensation is
in any manner received, either directly or indirectly, by cover charge or otherwise;
or where refreshments or food or any form of merchandise are served for
compensation before, during, or after dancing. The sale of any refreshments,
food, or any form of merchandise at such place, or the exhibiting of such for
sale, shall be deemed direct compensation for any such dance hall as is contemplated
by this article. Any place where any club, association, corporation, organization,
or group of persons conduct, operate, or permit dances. This article, however,
shall not apply to dances held for benevolent or charitable purposes when the
same are conducted under the auspices of religious, civic, charitable, educational,
or military organizations, or those dances held at private clubs. However, a
restaurant licensed to serve food and beverages and having a dance floor with an
area not exceeding ten percent (10 %) of the total floor area of the establishment
shall not be considered a public dance hall and shall not be required to obtain a
special exception.
Sec. 4-4.
Special Exception Required.
(a) Required. It shall be unlawful for any person to operate a public
dance hall until such time as he has secured a special exception from the Board
of Supervisors in accordance with the provisions of Chapter ~ of this Code.
(b) Application fee. An application for such special exception shall be
filed with the county administrator, with a fee set ~ separate resolution for
the processing thereof.
(c) Investigation, issuance, and revocation. The county administrator
shall cause such investigation as he deems necessary to be made in order to ensure
that the public dance hall shall be operated in accordance with the provisions of
this Code. The special exception shall be revocable should the operation of such
public dance hall be found to violate any provision of law in this Code or in the
Code of Virginia. In causing such investigation to be made, the county administrator
shall ensure that the proper business license has been applied and paid for and
shall further insure that the persons who are operating such public dance hall
have not been convicted of any criminal offense other than traffic violations.
2. This ordinance shall be in full force and effect from and after its
passage.
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2. This ordinance shall be in full force and effect from and after its
passage.
Adopted by the he following roll call vote:
AYES:
Supervisors Nickens, Minter, Burton, Johnson
NAYS:
None
ABSENT:
Supervisor Myers
PETITION OF THE ZONING ADMINISTRATOR TO
AMEND ARTICLE IX AND X (BUSINESS DISTRICT B-2
and B-3) OF CHAPTER 21 ZONING OF THE CODE OF
ROANOKE COUNTY TO INCLUDE PUBLIC DANCE
HALLS AS PERMITTED USES WITH SPECIAL
EXCEPTION.
ADOPTED
Supervisor Burton moved the following prepared ordinance:
ORDINANCE NO. 83-203 AMENDING CHAPTER 21.
ZONING OF THE ROANOKE COUNTY CODE RELATING
TO THE USE OF STRUCTURES FOR PUBLIC DANCE
HALLS WITHIN ROANOKE COUNTY
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That Chapter 21. Zoning of the Roanoke County Code relating to
the permitted uses of "public dance halls" be amended to read and provide as
follows:
Article IX. B-2 Business District
Sec. 21-67. Permitted uses.
In Business District B-2, buildings to be erected or land to be used shall be
for one or more of the following uses:
* * * *
(6) Public billiard parlors and poolrooms, bowling alleys, golf driving
ranges and similar forms of public amusement only after a public hearing shall
have been held by the governing body on an application submitted to the body
for such use. The governing body may request that the commission submit a
recommendation to them concerning such application. In approving any such
application, the governing body may establish such special requirements and
regulations for the protection of adjacent property, set the hours of operation,a
and make requirements as they may deem necessary in the public interest.
* * * *
(12) Public dance halls, subject to the provisions of Article II. Chapter 4
of this Code and upon a special exception being approved by the Board of
Supervisors.
Article X. B-3 Business District.
211 ,
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Sec. 21-73. Permitted uses.
In Business District B-3, buildings to be erected or land to be used shall be
for one or more of the following uses:
* * * *
(7) Public dance halls, subject to the provisions of Article II. Chapter 4
of this Code and upon a special exception being approved by the Board of
Supervisors. When located as an accessory use to a restaurant where food and
beverages are served; such dance floor shall not have an area exceeding ten
percent (10 %) of the total floor area of the restaurant. This floor area shall be
calculated so as to exclude restrooms, hallways, storage, kitchen and office areas.
This amendment to be in full force from and after its passage.
Adopted by the following roll call vote:
AYES:
Supervisors Nickens, Minter, Burton, Johnson
NAYS:
None
ABSENT:
Supervisor Myers
PETITION OF THE CHIEF BUILDING OFFICIAL TO
AMEND SECTION 7-7 ARTICLE I OF CHAPTER 7 OF
THE ROANOKE COUNTY CODE TO ADOPT NEW
PROCEDURES REGARDING UNSAFE BUILDINGS.
ADOPTED
Superintendent of the Department of Development, Timothy Gubala
explained that this ordinance relates to structural conditions only and not health
hazards. After making some gramatical corrections and inserting an appropriate
statement addressing liens, Supervisor Nickens moved the following prepared
ordinance as amended:
ORDINANCE NO. 83-204 AMENDING CHAPTER 7.
BUILDING, ELECTRICAL AND PLUMBING CODES BY
THE ADOPTION OF A NEW SECTION 7-7. UNSAFE
BUILDINGS ORDINANCE
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That Section 7-7. Certain unsafe buildings of Article I. Virginia
Uniform Statewide Building Code be, and hereby is, repealed; and
2. That a new Section 7-7. Unsafe Buildings Ordinance be, and hereby
is, adopted to read and provide as follows:
Article I. Virginia Uniform Statewide Building Code
Sec. 7-7.
Unsafe Buildings Ordinance.
The following regulations shall apply to buildings and structures which are
or hereafter may be determined to be unsafe under the terms of this ordinance,
not withstanding that buildings an structures erected after the enactment of the
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Uniform Statewide Building Code shall be regulated under the provIsIons of that
Code, except that if the construction of such buildings or structures were exempt
form that Code then the provisions of this Ordinance shall apply.
Sec. 7-7:1. Right of Condemnation.
All buildings or structures that are or hereafter shall become unsafe,
unsanitary, or deficient in adequate exitway facilities, or which constitute a fire
hazard, or are otherwise dangerous to human life or the public welfare, or which
by reason of illegal or improper use, occupancy or maintenance, shall be deemed
unsafe buildings or structures. All unsafe buildings shall be taken down and
removed or made safe, sanitary or secure, as the Chief Building Official may deem
necessary and as provided in this section. A vacant building, unguarded or open
at door or window, shall be deemed a fire hazard and unsafe within the meaning
of this ordinance.
Sec. 7-7:2. Examination and Record of Damaged Building.
The Chief Building Official shall examine every building or structure reported
as dangerous, unsafe structurally or constituting a fire hazard; and shall prepare
a report to be filed in the records of the department. The report shall include
the use of the building, and the nature and extent of damages, if any.
Sec. 7-7:3. Notice of Unsafe Building.
If an unsafe condition is found in a building or structure, the Chief Building
Official shall serve on the owner, agent or person in control of the building or
structure a written notice describing the building or structure deemed unsafe and
specifying the required repairs or improvements to be made to render the building
or structure safe and secure, or requiring the unsafe building or structure or
portion thereof to be demolished within a stipulated time. Such notice shall
require the person thus notified to immediately declare to the Chief Building
Official his acceptance or rejection of the terms of the order.
Sec. 7-7:4. Restoration of Unsafe Building.
A building or structure condemned by the Chief Building Official may be
restored to safe condition provided no change of use or occupancy is contemplated
or compelled by reason of such reconstruction or restoration.
Sec. 7-7:5. Posting Unsafe Notice.
If the person addressed with an unsafe notice cannot be found within the
County after diligent search, then such notice shall be sent by registered or
certified mail to the last known address of such person; and a copy of the unsafe
notice shall be posted in a conspicuous place on the premises; and such procedure
shall be deemed the equivalent of personal notice.
Sec. 7-7:6. Disregard of Unsafe Notice.
Upon refusal or neglect of the person served with an unsafe notice to
comply with the requirements of the order to abate the unsafe condition, the legal
authority of Roanoke County shall be advised of all the facts and he shall institute
the appropriate action to compel compliance.
Sec. 7-7:7. Vacating Buildings.
When, in the opinion of the Chief Building Official, there is actual and
immediate danger of failure or collapse of a building or structure or any part
thereof which would endanger life, or when any structure or part of a structure
213
11-9-83
has fallen and life is endangered by the occupation of the building, the Chief
Building Official is hereby authorized and empowered to order and require the
inmates and occupants to vacate the same forthwith. He shall cause to be posted
at each entrance to such building a notice reading as follows:
"THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY
HAS BEEN PROHIBITED BY THE COUNTY BUILDING OFFICIAL."
and it shall be unlawful for any person to enter such building or structure except
for the purpose of making the required repairs or of demolishing the same.
Sec. 7-7:8. Closing Streets.
When necessary for the public safety, the Chief Building Official may
temporarily close sidewalks, streets, buildings and structures and places adjacent
to such unsafe buildings, and prohibit the same from being used.
Sec. 7-7:9. Cost of Repairs or Demolition.
The cost of making required repairs or of demolishing the building, as the
case may be, is the responsibility of the owner or his agent, and should the owner
fail to make such ordered repairs, the County may proceed to either make such
repairs or demolish the unsafe, unsanitary or insecure structure after notice as
herein provided, and the cost to the County of such work shall be and constitute
a lien against the real estate upon which such work is performed.
Sec. 7-7:10. Appeal.
A decision rendered by the Chief Building Official in the enforcement of
this Ordinance may be appealed to the Board of Supervisors, provided such appeal
is made within thirty (30) days in a manner and form to be specified by the Chief
Building 0 fficial; provided, however, that a decision rendered under Sections VII
and VIII is not subject to appeal. Before rendering a decision in favor of the
appellant, the Board of Supervisors must serve as a committee of the whole and
conduct an on-site investigation of the building(s) or structure(s) in question and
clearly determine that the condition of the same poses no threat to the health,
safety, or general welfare of the citizens of Roanoke County.
Sec. 7-7:11. Severability.
Should any section or provision of this ordinance be found unconstitutional
or declared invalid by the Courts, such decision shall not affect the validity of
the ordinance as a whole, or any part thereof other than the part so held to be
unconstitutional or invalid.
Adopted by the following roll call vote:
AYES:
Supervisors Nickens, Minter, Burton, Johnson
NAYS:
None
ABSENT:
Supervisor Myers
IN RE:
CITIZENS COMMENTS AND COMMUNICATIONS
The Clearbrook residents for water requested that their request be
deleted from the agenda until after the elections.
11-9-83
21 ~1
IN RE: REPORTS OF OFFICERS, DEPARTMENTS, AND COMMITTEES
County Attomey - stated that his oral report on Raintree Road was
only an interim report because he has not had an opportunity to research the
history of Raintree Road. Supervisor Nickens moved to hold the matter over until
a complete report is available, and the motion carried by a unanimous voice vote.
Supervisor Burton then asked the status on the Hickory Hills litigation. The County
Attorney informed her that he has written to the judge asking that the court be
reconvened, and he is awaiting a court date.
Department of Development - Superintendent, Timothy Gubala,
presented an oral report on the Subdivision Ordinance, which has been worked on
by the staff, Planning Commission, and the Board of Supervisors since 1979.
Pursuant to the last work session, the County Attorney and Mr. Gubala were to
investigate the Ordinance, make corrections, and bring it back to the Board. In
doing this it was discovered that technical requirements are incorporated in the
text of the ordinance. The staff is comparing Roanoke County's needs with those
of other Counties. A committee will review the intent of the ordinance, and
Supervisor Nickens recommended the entire Board serve on this commiteee.
Supervisor Burton moved to approve the staff's approach and to give the
Subidivision Ordinance every priority. The motion was approved by a unanimous
voice vote.
Department of Public Facilities - Superintendent John Hubbard
presented an update on a new site for the Bent MOWltain Refuse Project. The
property is owned by the Virginia Department of Highways and Transportation; and
when negotiations are complete, the new site will consist of a two-tier type
disposal system with a target completion date of February, 1984.
Department of Fiscal Management - Superintendent John Chambliss
reported on the results of the auction of surplus property which took place on
November 5, 1983.
Mr. Chambliss then reviewed the unaudited results of the general
fund operation for the fiscal year ending June 30, 1983 and the quarter ending
September 30, 1983. The total operating revenue was $33,494,623, and the total
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operating expense was $12,025,397. Most revenue items have been on target with
the exception of sales tax, which fluctuates as a result of seasonal buying. This
financial analysis refers to Item '15 which was deleted from the Consent Agenda
of this Meeting.
Personnel - Personnel Officer, Keith Cook, informed the Board that
employee meetings were held regarding input on the Employees' Health Plan. One
item of particular concern was the retired employee and his dependents eligibility
for health insurance. This matter is to be studied further.
County Administrator - Donald R. Flanders outlined the information
realtive to Roanoke County's participation in the Virginia Innovation Group.
Supervisor Nickens moved the following prepared resolution:
RESOLUTION NO. 83-205
PARTICIPATION OF ROANOKE
"VIRGINIA INNOVATION GROUP"
AUTHORIZING
COUNTY IN THE
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
.. 1. That the County of Roanoke, through its appropriate officers and
employees, be, and hereby is, authorized to fully participate in the Virginia
Innovation Group; and
2. That the County Administrator be, and hereby is, authorized and
directed to prepare and submit an appropriate application for membership in the
Virginia Innovation Group, upon form approved by the County Attorney, and to
pay Roanoke County's first annual membership fee to said Virginia Innovation
Group on or before November 30, 1983; and
3. That the General Appropriation Resolution of Roanoke County,
Virginia, adopted June 14, 1983, be, and same hereby is, amended as follows to
become effective November 9, 1983:
INCREASE
(DECREASE)
DESCRIPTION
ACCOUNT NUMBER
Class:
Fund:
Department:
Object:
Expendi tures
General Operating
Board of Supervisors
Dues
03-6-01101-58010
$3,500
($3,500)
Department:
Unappropriated Balance
03-6-99999-99999
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Adopted by the following roll call vote:
AYES:
Supervisors Nickens, Minter, Burton, Johnson
NAYS:
None
ABSENT:
Supervisor Myers
At their October 20, 1983 Board of Directors Meeting the Mental
Health Services of Roanoke Valley passed revisions to their by-laws which included
Botetourt County as a member of the Community Services Board. Supervisor
Burton moved the following prepared resolution:
RESOLUTION NO.83-206 CONCURRING IN AND
RATIFYING CERTAIN AMENDMENTS TO THE BY-LAWS
OF MENTAL HEALTH SERVICES OF THE ROANOKE
VALLEY
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That those certain amendments to the by-laws of Mental Health
Services of the Roanoke Valley as fully set out in a certain report and request
dated October 25, 1983, directed to the County Administrator and on file in the
Office of the Clerk to the Board of Supervisors of Roanoke County submitted by
Mental Health Services of the Roanoke Valley be, and same are hereby, concurred
in and approved, ratified, and confirmed as if set out herein in full; and
2. That the Clerk to the Board be, and hereby is, directed to file and
maintain as a permanent record of his office true and correct copies of said report
and amended by-laws; and
3. That an attested copy of this resolution be forthwith forwarded to
the Mental Health Services of the Roanoke Valley.
Adopted by the following roll call vote:
A YES:
Supervisors Nickens, Minter, Burton, Johnson
NA YS:
None
ABSENT:
Supervisor Myers
Mr. Flanders recommended the appointment of Mr. Charles Saul to
the Site Selection Committee of the Regional Partnership of Roanoke Valley.
Supervisor Minter moved for the appointment, and the motion carried by a unanimous
voice vote. The County Attorney has verified that there is no conflict of interest
with Mr. Saul serving as Chairman of the Industrial Development Authority.
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11-9-83
A calendar of events was given to the Board reminding them of the
Virginia Association of Counties Meeting at the Homestead November 14 to 16;
the breakfast with the legislators at Wilson's Restaurant scheduled for Novem ber
21 at 7:30 a.m., and the Background Session for disclosure of holdings with the
Commonwealth Attorney on November 10 at 9:00.
IN RE:
APPOINTMENTS
Supervisor Minter moved to appoint Timothy W. Gubala as the Roanoke
County Representative to the 208 Roanoke Valley Water Quality Advisory
Management Board to fill the vacancy created by the resignation of Gary J.
Minter, and the motion carried by a unanimous voice vote.
IN RE:
EXECUTIVE SESSION
At 9:05 p.m. Supervisor Burton moved to go into Executive Session
pursuant to the Code of Virginia, Section 2.1-334(a) (1), (2), (4) and (6) to discuss
personnel, real estate, location of a prospective business or industry, and legal
matters. The motion carried by a unanimous voice vote.
IN RE: OPEN SESSION
Supervisor Nickens moved to go into Open Session at 10:56 p.m. to
stop the clock, and the motion carried by a unanimous voice vote.
IN RE:
EXECUTIVE SESSION
Supervisor Nickens then moved to return to Executive Session pursuant
to the Code of Virginia, Section 2.1-344(a) (1), (4), and (6) to discuss personnel,
location of a prospective business or industry, and legal matters. The motion
carried by a unanimous voice vote.
IN RE:
ADJOURNMENT
Supervisor Minter moved to return to Open Session at 10 :59 p.m, and
the motion carried by a unanimous voice vote. There being no further business,
Supervisor Minter moved to adjourn the meeting, and the motion carried by a
unanimous voice vote.
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