11/22/1983 - Regular
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220
I
Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S. W.
Roanoke, VA 24015
November 22, 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 fourth Tuesday, and the second regular meeting of the month of
November, 1983.
IN RE:
CALL TO ORDER
Chairman, May W. Johnson, called the meeting to order at 3:06 p.m.
The roll call was taken.
MEM BERS PRESENT:
Chairman, May W. Johnson; Vice Chairman, Harry C.
Nickens; Supervisors Athena E. Burton, Robert E. Myers
MEMBERS ABSENT:
Supervisor Gary J. Minter
IN RE:
EXECUTIVE SESSION
Supervisor Nickens 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. Supervisors Minter arrived at 3:10 p.m. during this
Executive Session.
IN RE:
OPEN SESSION
Supervisor Myers moved to go into Open Session at 3:30 p.m., and
the motion carried by a unanimous voice vote. Presentation of Advanced Life
Support Ambulance for the Hollins Rescue Squad - Chairman Johnson officially
presented the new Advanced Life Support Ambulance to Mr. Larry Wirt of the
Hollins Volunteer Rescue Squad in the Roanoke County Administration Center
parking lot.
IN RE:
EXECUTIVE SESSION
Supervisor Nickens moved to go into Executive Session at 3:40 p.m.
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.
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IN RE: WORK SESSION
At 3:57 p.m. Supervisor Nickens moved to return to Open Session,
and the motion carried by a unanimous voice vote.
Work Session - Water and Sewer Rates - Superintendent of the
Department of Fiscal Management, John Chambliss, and Superintendent of the
Department of Public Facilities, John Hubbard, met with Mr. Edward Gentsch,
pursuant to the Board's direction of the November 9, 1983, meeting. The purpose
of their meeting was to discuss Mr. Gentsch's philosophy on billing the water and
sewer rates according to a volume-based system and compare his recommendations
with the County staff calculations of a meter-based system. Pursuant to Mr.
Chambliss' report, which basically outlined the concept of using a base charge for
water and sewer and shifting the burden from meter size to high volume usage,
Supervisor Burton suggested that the minimum monthly volume level be set at
10,000 gallons instead of the recommended 7,000 gallons. It was decided that any
rate changes would have to be advertised for a public hearing, and the Board
elected to determine the maximum rates that would be advertised at the evening
session.
IN RE:
EXECUTIVE SESSION
At 4:42 p.m. Supervisor Nickens moved to go into Executive Session
pursuant to the Code of Virginia, Section 2.1-344(a) (4) to discuss the location of
a prospective business or industry. The motion carried by a unanimous voice vote.
IN RE:
RECESS
Chairman Johnson called for a dinner recess at 5 :40 p.m.
IN RE:
CALL TO ORDER
Chairman Johnson called the regular meeting to order at 7:00 p.m.
The roll call was taken.
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MEMBERS PRESENT:
Chairman, May W. Johnson; Vice Chairman, Harry C.
Nickens; Supervisors Athena E. Burton, Gary J. Minter,
Robert E. Myers
MEMBERS ABSENT: None
IN RE:
OPENING CEREMONIES
The invocation was offered by Reverend Robert Jordan, of Ridgewood
Baptist Church. The Pledge of Allegiance was recited by all present.
IN RE:
CONSENT AGENDA
Supervisor Nickens requested that Item '10 be deleted from the
Consent Agenda for discussion. Supervisor Burton moved the following prepared
resolution.
RESOLUTION NO. 83-207 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET FORTH ON THE
BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM B - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That that certain section of the agenda of the Board of Supervisors
for November 22, 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 16, inclusive, as follows:
1. Minutes of October 11, 1983.
2. Letter dated October 31, 1983, from Chesterfield County
regarding legislative platform adopted by Roanoke County
Board of Supervisors.
3. Letter dated November 1, 1983, from Virginia Division of
Automobile Association Annual Pedestrian Protection
Evaluation award luncheon.
4. Thank you letter dated November 2, 1983, from Oxford Building
Services.
5. Raffle Permit application from Roland E. Cook Elementary
P.T.A.
6. Copy of application with State Corporation Commission of
Inter-city Bus Lines, Inc. for a certificate of public convenience
and necessity as a special or charter party carrier by motor
vehicle.
7. Communication from V ACO dated November 1, 1983, regarding
APCO street light construction negotiations process.
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8.
Deed to Waterfall Lake tank lot - Resolution.
9.
Recommended fee for dance hall application - Resolution.
10.
Appointment of committee for Roanoke County Design and
Construction Standards Manual - Resolution.
11.
Grants Policy - Resolution.
12.
Letter dated November 10, 1983, from State Air Pollution
Control Board regarding revision of Federal funding process
for local air pollution control agencies for FY 1984.
13.
Letter dated November 9, 1983, from the City of Roanoke
with a resolution approving City participation in Mental Health
Services of Roanoke Valley.
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 Burton, Nickens, Myers, Minter, Johnson
NAYS:
None
RESOLUTION NO. 83-207.a ACCEPTING THE DONATION
OF A WATER TANK LOT, WATER LINE, AND DRIVE
EASEMENT INSTALLED WITH THE DEVELOPMENT OF
WATERFALL LAKE WATER SYSTEM, AND
AUTHORIZING THE COUNTY ADMINISTRATOR TO
DULY AUTHENTICATE SUCH ACCEPTANCE AS MADE
AND PROVIDED BY LAW
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the offer of Norris & Jones Water Company, Inc., former owners
of the Waterfall Lake water system, to donate a 2505 square foot water tank lot,
water line, and drive easement to the County be, and hereby is, accepted; and
2. That upon receipt of a duly executed deed upon a form approved by
the County Attorney from the developers, the County Administrator is hereby
authorized to authenticate the acceptance thereof as made and provided by law.
Adopted by the following roll call vote:
A YES:
Supervisors Burton, Nickens, Myers, Minter, Johnson
NA YS:
None
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224
RESOLUTION NO. 83-207.b ESTABLISHING A FEE FOR
PROCESSING DANCE HALL APPLICATIONS AS
REQUIRED BY CHAPTER 4 OF THE ROANOKE COUNTY
CODE
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That pursuant to Section 4-4 (b) of Chapter 4. Amusements of the
Roanoke County Code, a One Hundred Dollar ($100.00) fee be, and hereby is,
imposed for the processing of applications for a dance hall permit.
Adopted by the following roll call vote:
AYES:
Supervisosrs Burton, Nickens, Myers, Minter, Johnson
NAYS:
None
RESOL UTION NO. 83-207.c ESTABLISHING A GRANTS
POLICY FOR ROANOKE COUNTY
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That there be, and hereby is, established a Grants Policy for Roanoke
County as follows:
The following steps are required of all grant applicants:
1. Notification to COlDlty Administrator - An initial written report is
to be sent from the department or office proposing a grant to the County
Administrator on the availability of the grant and the department's (division,
office, etc.) intent to prepare an application. A copy will be sent to the
Department of Development. A meeting should be held with the County
Administrator to discuss the grant and determine its impact on County
operations.
2. Notification to Board - A required report will be sent to the Board
indicating an intent to prepare an application. If there is no County
matching money or services (in-kind) involved, the report can be placed on
the consent agenda. If matching funds are required and/or the "match"
must be appropriated, a formal report must be presented to the Board prior
to an application being prepared. Board approval will be by resolution
authorizing the grant application preparation and its signature by the
Administrator or other official on behalf of the Board.
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3. Application Coordination with Department of Development - As
mentioned previously, the Department's library files and staff will be
available to assist the applicants.
4. Application Process - An appropriate number of copies of the
application need to be made available for the County Administrator and
staff. Two weeks prior to the date of application the Board will receive
copies of all applications.
5. Grant Award Procedure - Upon the approval of a grant application,
the Board of Supervisors will be notified by report on the consent agenda.
The report should set forth a request to accept the grant and give authority
to complete grant negotiations.
6. Grant Management - Coordination with the Department of Fiscal
Management is require to determine requirements for grant record keeping,
quarterly fund requisitions and the annual audit. An on-going program of
grants view will be carried out by the County Administrator to determine
grant program accomplishments and continuations.
7. Emergency Grants - In case of emergency situations, any or all of
the above may be waived by the Board of Supervisors upon recommendation
of the Board Chairman and County Administrator.
2. That certified copies of this resolution be forthwith forwarded to
each of the several Superintendents and the independent department heads of the
County.
A YES:
NA YS:
Adopted by the following roll call vote:
Supervisors Burton, Nickens, Myers, Minter, Johnson
None
Supervisor Nickens then expressed his concern about Item '10
- Appointment of a Committee for Roanoke County Design and Construction
Standards Manual - that staff would not have time to be involved in membership
in another committee. After discussion Supervisor Nickens moved that the
Committee be constituted as recommended with meeting attendance to be
determined by each staff member, and the motion carried by the following roll
call vote:
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A YES:
NA YS:
Supervisors Burton, Nickens, Myers, Minter, Johnson
None
IN RE:
PROCLAMATIONS
Chairman Johnson read the following proclamations:
PROCLAMATION
WHEREAS, in recognition of the many thousands of hours of volunteer servic
rendered by the staff of TR UST, The Roanoke Valley Trouble Center, over the pas
thirteen years; and
WHEREAS, TR UST offers 24-hour alternative counseling, information and referra
service, TTY service to the deaf, and provides emergency shelter to individuals an
families; and
WHEREAS, the Greater Roanoke Valley is richer because of TRUST's work.
NOW, THEREFORE, I, May W. Johnson, Chairman of the Board of Supervisors 0
Roanoke County, Virginia do hereby proclaim the month of November as
TRUST MONTH.
PROCLAMATION
WHEREAS, December 7, 1983, will mark the 42nd anniversary of the attack 0
Pearl Harbor, Territory of Hawaii; and
WHEREAS, this anniversary is a reminder of the vigilance and preparedness whic
our nation must maintain; and
WHEREAS, we owe a great debt to those members of the Armed Forces wh
lost their lives in that attack, and also to those who survived and aided in carryin
out their duties to the ultimate victory.
NOW, THEREFORE, I, May W. Johnson, Chairman of the Roanoke County Boar
of Supervisors, do hereby proclaim December 7, 1983, as
Pear Harbor Remembranee Day
in Roanoke County, and I call its significance to the attention of all our citizens.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Burton - no report.
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11-22-83
Supervisor Nickens - requested Mr. John Hubbard to investigate a ftdump
at the intersection of Mt. Pleasant Boulevard and Route 116.
Supervisor Myers - no report.
Supervisor Minter - wanted consideration given to the possibility of
staggering the terms of the Planning Commission to coincide with the Board Member
terms. This would result in a Planning Commission Member being appointed after
new Board Member takes office. The County Administrator and the County Attorney
will review this matter and prepare a written report to clarify the effects of this
proposed change.
Regarding his memo and the newspaper article concerning the proposal fo
a police study, Supervisor Minter verified that he was requested to poll the Board
Members for their thoughts, and there was no intention to upset the Sheriff.
Supervisor Johnson - mentioned the presentation of the new ambulance t
the Hollins Rescue Squad earlier in the afternoon and the Cave Spring Comprehensiv
A commendation letter from Mr. Edward Gentsch regarding the County participation .
Plan Meeting which will be held on November 29, 1983, at the Administration Center.
a valley-wide water development plan was read by Supervisor Johnson.
IN RE:
REPORTS OF CONSTITmONAL OFFICERS
Sheriff's Department - County Attorney, James E. Buchholtz, explaine
that the Sheriff has requested that the County Code be amended to provide for protectio
of handicapped parking areas to comply with the July, 1983, legislatsion authorizing
regulation of handicapped parking on private property as well as public property
Supervisor Burton moved to advertise the adoption of an ordinance at a public hearing
on December 13, 1983; and the motion carried by the following roll call vote:
A YES:
Supervisors Burton, Nickens, Myers, Minter, Johnson
NA YS:
None
IN RE:
PUBLIC HEARINGS
REQUEST OF WILLIAM C CRANWELL FOR A SPECIAL
EXCEPTION TO OPERATE A HOME FOR ADULTS LOCATED
AT 7610 WILLIAMSON ROAD IN THE HOLLINS MAGISTERIAL
DISTRICT.
APPROVED
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228
Attorney for the petitioner, Bruce Mayer, explained that the Hitching Pos
Home for Adults experienced financial difficulty. First Federal Savings and Lo
foreclosed on the property and approached Mr. Cranwell regarding taking over
operation of this property. Mr. Cranwell has a contract on the Hitching Post
Chapman Manor, an adjacent facility. Mr. Mayer explained that several informationa
meetings have been held with local citizens. Supervisors Minter and Myers attende
the meeting held on November 17, 1983, where the architctural drawings and the staf
of Health Care Medical Facilities (the management corporation) were presented.
told the Board that tonight's request for a special exception concerned the Hitchin
Post only; and that on December 13, 1983, another request will be submitted for Chapma
Manor because they originally were not aware that two separate permits were required
The corporate headquarters will be at the Hitching Post, and home for adults will
located at Chapman Manor. A total of approximately 30 people will be employed
run the home in addition to the staff in corporate headquarters. He then introduce
Mr. Brandol West, of Health Care Medical Facilities, Blacksburg, Virginia.
Mr. West explained the following details and standards under
facility would be operated:
1. Health Care Medical Facilities operates nursing homes and one home for adult
which is located in Draper, Virginia.
2. These homes are operated by a professional management group presently locate
in Blacksburg, Virginia, which oversees the overall operation of each facility.
a. This group goes into the field on at least a quarterly basis and audits th
quality of care, and this is done by a registered nurse.
b. Food service operations are evaluated for nutritional value of
appearance. A registered dietitian checks any diet problems.
c. Management evaulation of recreational activities.
d. Accounting functions and business operations are audited.
3. The Heritage Manor staff will include the following:
a. Full-time manager on site seven days a week.
b. Assistant manager to perform clerical and administrative duites.
c. Food Service Department with a full-time manager and several employees
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At least one full-time person to work on the activities program probably
another part-time person to provide activities and coordinate with the
community bringing in volunteer groups to relate to the residents and
provide activities for them. This will eliminate people wandering around
because they are not interested in what is happening at the home.
One licensed nurse will be employed for the project. Regulations do not
require any.
Trained nursing assistants will be provided (who will be trained in their
own orientation program). The nursing assistants will meet State
certification requirements.
g. Security will be provided to prevent residents from wandering around.
HCMF has a right and an obligation to provide for their safety, and they
plan to follow through on this.
h. A Community Advisory Board will be set up to get the Community thoughts
and input up front. HCMF wants Communitiy involvement and will provide
information to the Community on what they are doing.
d.
e.
f.
The architect, Mr. Bob Rogers, of Rogers and Reynolds in Blacksburg,
then outlined the concepts of the site plans. Mr. Sonny Ward, 6620 Pendleton Drive,
and Mrs. Martha Ottaway, 864 Dexter Road, informed the Board that the Hollins citizens'
opposition has turned to support as a result of the recent meetings; but did express
their concern over the area becoming saturated with this type facility. Since the
Hitching Post and Chapman Manor are within one mile of Friendship Manor, they
requested the Board at some future time consider a zoning restriction to limit
rehabilitation facililties within a three-mile radius. The County Attorney, James E.
Buchholtz, stated that the Board would have authority to regulate a reasonable
disbursement basis through an amendment to the Zoning Ordinance. Supervisor Minter
moved that the County Administrator and his staff study this, and Chairman Johnson
concurred in this and requested that a report of the study be made to the Board.
11-22-83
Mr. Mike Bailey, 7516 Lula Avenue, asked for assurance that HCMS'
standards would be met. Superintendent of the Department of Development, Timoth
GUbala, reiterated that homes for adults are regulated by the Department of Welfare
and that on July 12, 1983, the Board adopted definitions and regulations for homes fo
adults whereby the Board sets the conditions for special exceptions. The Count
Attorney stated that the Board can make a provision that failure to comply with thei
standards will revoke the permit. Mr. Cranwell was present and assured the Board an
the citizens of the professionalism of HCMS.
Supervisor Minter moved that the permit be granted in the spirit which it
was presented regarding the quality of organization and operation. The motion carried
by the following roll call vote:
AYES:
Supervisors Burton, Nickens, Myers, Minter, Johnson
NAYS:
None
CITY OF SALEM'S ACCEPTANCE OF THE TENT ATNE
OFFER OF THE ROANOKE COUNTY BOARD OF
SUPERVISORS REGARDING THE SALE OF THE SALEM
ROANOKE COUNTY CIVIC CENTER
APPROVED
County Attorney, James E. Buchholtz, stated that the Code of Virginia
requires a public hearing in order to hear citizens' comments. There were no citizens'
comments offered on this matter. Supervisor Johnson explained that the sale of the
Civic Center would result in a savings of approximately $150,000 per year to Roanoke
County. Supervisor Nickens moved for the following prepared resolution:
RESOLUTION NO. 83-208 APPROVING, RATIFYING, AND
CONFIRMING THE ACCEPTANCE BY THE CITY OF SALEM
OF THE OFFER OF THE BOARD OF SUPERVffiORS OF
ROANOKE CO UNTY TO DISPOSE OF THE INTEREST OF THE
BOARD IN THE SALEM-ROANOKE COUNTY CIVIC CENTER
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That a certain understanding relating to the Salem-Roanoke County
Civic Center between the County of Roanoke and the City of Salem having been
duly reduced to writing, to-wit:
a. The County to pay the City two payments - $150,000 upon
closing and $100,000 on or before July 1, 1984.
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11-22-83
b. The Civic Center books to be audited and closed as of September
30, 1983 - the County to pay one-half of the operating deficit as
of September 30, 1983.
c. The County to regularly pay its remaining bonded debt relating to
the Civic Center.
"'-"e-__
d. The County to execute and deliver a quit-claim deed relinquishing
all its interest in and to the Civic Center to the City.
e. The City to fully release the County from any and all future
responsibilities and obligations, except as herein set out, for
expenditures or funding of the Salem-Roanoke County Civic Center.
be, and the same hereby is, approved, ratified and confirmed; and
2. That the Chairman of the Board of Supervisors be, and hereby is,
authorized and directed to execute and deliver, on behalf of Roanoke County, any
and all documents needful and necessary in the premises,all of which shall be on
form approved by the County Attorney.
3. That pursuant to public hearing duly advertised and held, the Board
of Supervisors does approve, ratify and confirm the acceptance by the City of
Salem of the offer of the Board of Supervisors of Roanoke County to dispose of
the interest of the Board in the Salem-Roanoke County Civic Center.
Adopted by the following roll call vote:
A YES:
Supervisors Burton, Nickens, Myers, Minter, Johnson
NAYS:
None
Supervisor Burton recognized the efforts of Supervisor Nickens and
Supervisor Myers on this project; and Supervisor Myers asked John Chambliss to
make sure that Dr. Keeton reviews and justifies the audit report before final
acceptance is made.
PETITION OF 419 DEVELOPERS, INC. REQUESTING --Decree in
REZONING FROM RESIDENTIAL R-1 TO OFFICE & 11-22-83 Pac t
RESIDENTIAL B-1 OF A TRACT CONTAINING 5.967 affirming Bo d's
ACRE(S) AND LOCATED AT THE WEST SIDE OF ROUTE action.
419, 1/8 MILE NORTH OF THE INTERSECTION WITH
KEAGY ROAD IN THE WINDSOR HILLS MAGISTERIAL
DISTRICT.
APPROVED
11-22-83
Attorney for the petitioner, Mr. Richard Pattisall, reminded the Board
that this tract of land is adjacent to the parcel previously rezoned by the Board,
on August 23, 1983; and that a potential user needs a larger building. If the two
tracts of land were combined (total of 13.923 acres), this would accommodate a
larger building and ample parking space.
Mr. Bruce Mayer, representing the citizens from Farmingdale and
Farmingdale South Civic Leagues asked if the conditions were proffered prior to
the public hearing. He was told by Chairman Johnson that they were. He then
questionned the County Attorney regarding the validity of the conditions included
in the August 23 rezoning, stating that the original building plans cannot be
transferred from one tract to another and that legally it is possible for two
buildings to be constructed - one on each tract of land. Supervisor Nickens
informed him that there was not enough space on the two parcels for two buildings
and two parking facilities that would meet County requirements. The County
Attorney explained that the site plan offered at this meeting is a proffered
condition, and that any effort to construct a building on the tract rezoned in
August would cause the new rezoning request if granted at this meeting to revert
back to R-l.
Mr. O. S. Woody, 5603 Club Lane, questioned whether the Planning
Commission acted on this hearing. Supervisor Nickens advised him the Planning
Commission rejected the request for lack of a sufficient plan, but they did not act
as presented at this meeting, and that overriding circumstances require the Board
to take special exception to the normal procedure. Supervisor Burton stated that
the option on this particular property expires at the end of November; and if
action is to be taken on this proposed development, the Board has to address it
at this particular meeting. She also stressed the importance of communication
with the community.
Mr. Howard Worthy, 5535 McVitty Road, requested that his letter to
the Board of Supervisors dated November 17, 1983, be made a part of the Minutes
of this meeting. The letter is as follows:
11-22-83
"On the Board's agenda for November 22, 419 Developers, Inc. will
petition to have rezoned from R-l to B-1 an approximate six-acre parcel of land,
lying along the west side of Route 419, just north of Keagy Road, and commonly
referred to as the Roanoke Gas Company property. This petition comes to the
Board from the Planning Commission with a recommendation for denial. The
petitioner appeared before that body without having submitted an adequate site
plan, so the Planning Department was unable to make any report or recommendation.
Motion was made to have the matter laid over for sixty days so as to give the
petitioner time to comply with the County filing procedures. However, he insisted
the Commission either approve or deny his request as presented, and so the motion
died for lack of a second. Another motion for denial due to inadequate site plan
was then made, seconded, and carried.
Now, the reason for all this background is because this is the second
time this petitioner will have appeared before this Board with inadequate
preparations. The first time was January 11, 1983. Although another piece of
property was involved at that time, the principle is the same; his petitions have
not been submitted in accordance with the procedures set forth by the Planning
Department. In January, he failed to proffer conditions in writing for the Board's
consideration. However, instead of denial due to this omission, he was allowed
to withdraw his request and appeal to the Planning Commission again, with profered
conditions. At the time, I felt strongly that the Board should have denied the
request instead of allowing it to go back to the Planning Commission; but I was
told by you, Mrs. Burton, and later by the County Attorney, Mr. Buchholtz, that
the Board had no alternative - statute required this procedure be followed.
I trust you and the other Board members will keep this precedent
action in mind when this same petitioner appears before you on November 22.
Some sort of additional site plan may be presented at that time, but the fact
remains that the Planning Department will not have been able to render an opinion
on it through the proper channels, if at all. Therefore, if the Board's action on
January 11 as outlined above was correct, then petitioner's current request should
also be sent back to the Planning Commission for rehearing. This time, with an
adequate site plan attached which the Planning Department may study and on
which a recommendation may be made.
To rule otherwise, it seems to me, would be to acknowledge that
your action on January 11 was in error; or that you are deliberately allowing this
particular petitioner to by-pass filing procedures which other petitioners are
required to follow."
Dr. John W. Barnard, of 5743 Club Lane, expressed his concerns over
the potential traffic problems this rezoning would cause on Route 419. Supervisor
Burton explained that the Highway Department determines the capacity of the
roads and that they are for public use, not the exclusive use of the residents of
that particular area. The Highway Deprtment has proposed the only access and
exit or entrance to this property would be from the northbound lane through a
signalized intersection, and there will be no crossover. The Board of Supervisors
also makes the final decision in this particular case because it is a proffered
condition.
Mr. Tony Anderson, attorney for an adjacent property owner - Mr.
Earl Long, explained that his client does not oppose the rezoning.
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11-22-83
Supervisor Nickens moved that the request for rezoning be approved
with the proffered conditions.
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned tract
of land, more particularly described below, be rezoned from R-1 to B-1.
BEGINNING at a point on the west side of Virginia
Highway Route 419, being the southeast corner of the
property of Realco Investment Corporation, formerly
property of Leslie A. Kimble and being the northeast
corner of the property herein described; thence with
the west side of Route 419 with the arc of a circle to
the left whose radius is 1542.39 feet and whose chord
is S. 70 06' 19" E. 333.32 feet, an arc distance of 333.97
feet to a point; thence S. 130 18' 30" E. 257.90 feet to
a point; thence continuing with the west side of Route
419, with the arc of a circle to the left whose radius
is 1712.02 feet and whose chord is S. 130 48' 06" E.
29.49 feet, an arc distance of 29.49 feet to a point
said point being approximately 15 feet south of the
center line of a gravel drive said point also being the
northeast corner of the now or formerly property of O.
H. McBride, et ux and et als; thence leaving Route 419
and with said McBride line N. 840 16' 12" W. 272.80
feet to a point on the south edge of the aforementioned
gravel drive said point also being N. 450 24' E. 6.0 feet
from a 16" white oak; thence still with the said McBride
line N. 560 28' 12" W. 431.22 feet to a point on the
north edge of the aforementioned gravel drive and on
the easterly line of the property now or formerly owned
by Harvey W. Long; thence leaving the O. H. McBride
property and with said Harvey W. Long property N. 310
44' 18" E. 429.00 feet to a point thence leaving the
Long property and with the now or formerly property
of Leslie A. Kimble N. 880 02' 40" E. 181.00 feet to a
point; thence S. 770 20' 20" E. 119.10 feet to the
BEGINNING and containing 5.967 acres and being as
shown on map made by C. R. Malcom & Son, State
Certified Engineers, dated February 19, 1968.
BE IT FURTHER ORDERED that a copy of this order be transmittesd
to the County Planner and that he be and hereby is directed to reflect that
change on the official zoning maps of the County.
PROFFERED CONDITIONS
Your Petitioner, 419 Developers, Inc., respectfully proffers to the
Board of Supervisors of Roanoke County, the following conditions, reservations,
and limitations to be made a part of any rezoning of the subject premises requested,
as follows:
1. Your petitioner will not cause to be erected upon the premises a
structure exceeding 120,000 usable square feet or exceeding 4 stories
in height.
11-22-83
2. Petitioner covenants that the subject premises proposed to be rezoned
shall be used only for an office building.
3. Petitioner covenants that the said rezoning shall be in conformance
with provisions for drainage of surface water acceptable to
governmental authorities.
4. Petitioner covenants that said rezoning shall be in comformance with
provisions for motor vehicular traffic control and accessibility for
northbound and southbound traffic, which are acceptable to
governmental authorities and agencies.
5. Petitioner covenants that the site plan as presented shall become a
condition of said development.
Adopted by the following roll call vote:
AYES:
Supervisors Burton, Nickens, Myers, Minter, Johnson
NA YS:
None
IN RE:
CITIZENS COMMENTS AND COMMUNICATIONS
In his letter of November 10, 1983, Mr. M. Ward Faville, Jr. has
requested a waiver of the Roanoke County Water Ordinance to construct a well
due to insufficient water pressure. Supervisor Myers moved the following prepared
resolution:
RESOL UTION NO. 83-209 WAIVING CERT AIN
REQUIREMENTS OF THE ROANOKE COUNTY WATER
ORDINANCE UPON A REQUEST FROM MR. M. WARD
FA VILLE, JR.
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the Board hereby waives the requirements of the Roanoke County
Water Ordinance contained in Section 20.1-5 of the Roanoke County Code upon
a request from Mr. M. Ward Faville, Jr., said waiver being based upon a
demonstration by the property owners that strict compliance with the provisions
of the above section of the Water Ordinance would impose an undue hardship and
11-22-8 3
burden upon the property owners, applicable construction standards as set forth
in said ordinance to, however, remain in full force and effect; and
2. That this Board shall authorize no further waivers unless and until
it has been demonstrated to this Board that the failure to grant such waivers
shall create an undue hardship upon the property owners.
Adopted by the following roll call vote:
A YES:
Supervisors Burton, Nickens, Myers, Minter, Johnson
NAYS:
None
IN RE:
RECESS
At 9:43 p.m. Chairman Johnson called for a recess.
IN RE:
RBPORTS OF OFFICERS, DBP ARTMENTS,AND COMMITTBES
At 9:55 p.m. the meeting reconvened.
Industrial Development Authority - Supervisor M inter moved the
following prepared resolution for the issuance of industrial development bonds for
Blue Ridge Beverage Company which is now under construction:
RESOLUTION NO. 83-210 APPROVING THE INDUSTRIAL DEVELOPMENT
AUTHORITY APPLICATION OF REGINE N. ARCHER (BLUE RIDGE
BEVERAGE) FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BONDS
WHEREAS, the Industrial Development Authority of Roanoke County, Virginia
(the Authority), has considered the application of Regine N. Archer (the Purchaser)
for the issuance of the Authority's industrial development revenue bonds in an
amount estimated at $1,900,000 (the Bonds) to assist in the financing of the
Purchaser's acquisition, construction, and equipping of a warehouse and distribution
facility (the Project) to be located at the intersection of Virginia Secondary Routes
646 and 852 in Roanoke County, Virginia, and has held a public hearing thereon
on November 15, 1983; and
WHEREAS, the Authority has requested the Board of Supervisors (the Board)
of Roanoke County, Virginia (the County), to approve the issuance of the Bonds
to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and
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11-22-83
WHEREAS, a copy of the Authority's resolution approving the issuance of
the Bonds, subject to terms to be agreed upon, a record of the public hearing and
a "fiscal impact statement" with respect to the Project have been filed with the
Board;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA:
1. The Board of Supervisors of Roanoke County, Virginia, approves the
issuance of the Bonds by the Industrial Development Authority of Roanoke County,
Virginia, for the benefit of Regine N. Archer, to the extent required by Section
103(k), to permit the Authority to assist in the financing of the Project.
2. The approval of the issuance of the Bonds, as required by Section
103(k), does not constitute an endorsement of the Bonds or the creditworthiness
of the Purchaser, but, as required by Section 15.1-1380 of the Code of Virginia
of 1950, as amended, the Bonds shall provide that neither the County nor the
Authority shall be obligated to pay the Bonds or the interest thereon or other
costs incident thereto except from the revenues and moneys pledged therefor, and
neither the faith or credit nor the taxing power of the Commonwealth, the County
nor the Authority shall be pledged thereto.
3. This resolution shall take effect immediately upon its adoption.
Adopted by the following roll call vote:
AYES:
Supervisors Burton, Nickens, Myers, Minter, Johnson
NA YS:
None
Comty Attorney - req uested a brief Executive Session to discuss a
legal matter.
School Board - Homer Duff informed the Board that at the School
Board meeting of November 10, 1983, a resolution was adopted requesting temporary
funding by the Board of Supervisors for architectural services for the proposed
addition at Cave Spring High School. These funds will be reim bursed after the
Literary Loan funds are released and recieved. Supervisor Nickens moved the
following resolution:
'"
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11-22-83
~'"' r,:. c)
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RESOLUTION NO. 83-211
On motion made by Supervisor Nickens, the General Appropriation Resolution
of Roanoke County, Virginia, adopted June 14, 1983, be, and is the same hereby
amended as follows to become effective November 22, 1983:
DESCRIPTION
Class:
Fund:
Department:
Department:
Class:
Fund:
Object:
Class:
Fund:
Source:
ACCOUNT NUMBER
INCREASE
(DECREASE)
Expenditures
General
Loan to Schools
for Construction
Unappropriated Balance
03-6-09317-90117
03-7-99999-99999
~ $30,000
(30,000)
Expendi t ures
School Capital Improvements
Cave Spring High
Addition 49-6-00000-102002
30,000
Revenues
School Capital Improvements
Appropriation - CSHS Addition
Loan from County 49-5-00000-76FOOO
30 ,000
To record temporary loan to Schools for architectural services on
Cave Spring High School addition.
AYES:
NAYS:
Adopted by the following roll call vote:
Supervisors Burton, Nickens, Myers, Minter, Johnson
None
Mr. Duff then reported to the Board that a conditional contract to
purchase property to enlarge the County vehicle service garage looks favorable,
and the earliest date for the School Board to take possession of the property is
December 22, 1983.
the Board that the 205(J) Watershed Planning Grant Application was on hold
Department of Development - Superintendent, Timothy Gubala, told
subsequent to comments received from the Environmental Protection Agency, and
that he and the State Water Control Board have drafted suitable answers which
were sent to Philadelphia.
presented an informational report on the Terminal Road water line project stating
Department of Public Facilities - Superintendent, John Hubbard
that this is a combined project to install fire protection whereby the owners will
pay one-fourth of the cost, and the County to pay the remainder.
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11-22-83
Personnel Offieer - Keith Cook recommended changing the personnel
complement in the Recreation Department and asked for the Board's approval
to delete one Recreation Supervisor vacancy and to fill the remaining vacancy.
These two positions were created as a result of the Board's adoption of Resolution
Number 83-198 on October 25, 1983. Since no new position was created, a
resolution was not required, and Supervisor Minter moved to concur with the
recommendation. The motion carried by a unanimous voice vote.
Comty Administrator - In the absence of Mr. Donald R. Flanders,
John Hubbard introduced VVKR representatives Bob Frye and Butch Traylor who
gave an informational slide presentation on the recent damage and demolition
operations at the Vinton Library. The Library Director, Mr. George Garretson,
is looking at alternatives for a temporary location for the library operations.
The Board did not take any action on this.
Mr. Bob Frye then explained in detail Change Orders # 3 and # 4 sent
to Creative Construction and Development Corporation concerning the new Roanoke
Comty Courthotme. These Change Orders were the result of recommendations of
the Clerk of Circuit Court, VVKR, and the Judges and the Commonwealth Attorney.
Supervisor Nickens moved to approve the VVKR Change Orders and that the County
Attorney prepare a resolution to be spread in the Minutes.
RESOLUTION NO. 83-212 APPROVING CHANGE
ORDERS NO.3 & 4 TO THE COUNTY'S CONTRACT
WITH CREATIVE CONSTRUCTION & DEVELOPMENT
CORPORATION FOR CONSTRUCTION OF THE
ROANOKE COUNTY COURTHOUSE
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That Change Order No. 3 of the County's contract with Creative
Construction & Development Corporation for construction of the Roanoke County
Courthouse be, and hereby are, approved as herein set forth in the following words
and figures, to-wit:
a.
Delete aluminum doors and frames AI03B, DI03B
and replace with hollow metal as described in
VVKR memorandum dated 20 May 1983
Deduct $ 1,091.56
b.
Increase the CFM capacity of in-line Fan # 3 (ILF-
3) as per Proposal Request # 2 dated 7 June 1983
Add 553.21
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11-22-83
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c.
d.
Provide door reVISIons and deletions,hollow metal
security doors and frames and hardware in tunnel
at entry into Jail (2 locations), and two additional
intercom stations as outlined in Proposal Request
#4
Delete wood paneling as specified and shown on
construction drawings in Rooms A152, A158, A254,
A257, A264, 0226, and 0228. Gypsum board
substrate to remain. Wall surface to be primed
to receive wall covering.
Total Change Order No. 3
Add
6,067.74
Deduct
2,730.00
Add
$ 2,799.39
2. That Change Order No 4 to the County's contract with Creative
and figures, to-wit:
a.
Replace unit kitchen in Room A250 (as originally
specified) with a different unit as outlined in
Proposal Request # 5. Provide additional unit
kitchens fully installed in Jury and Hearing Rooms
as outline in Proposal Request # 5.
Construction & Development Corporation for construction of the Roanoke County
Courthouse be, and hereby are, approved as herein set forth in the following words
b.
Provide new W 21 x 44 beam to replace (W14 x
22) beam originally shown at Column Line 7
between Column Lines A & B
c.
Revisions to Circuit Clerk Reception Area and
casework. Adding computer outlets and lighting
to Record Room. Deleting walls and doors in
Rooms C202. Revision shall be as outlined in
Proposal Request #7.
d.
Provide revisions to cabinet work, plumbing
relocation to Dark Room C207 and provide
additional electrical devices for Owner supplied
water heater. Provide additional computer outlets
in Rooms C203, C204, and C209. Revision shall
be as outline in Proposal Request # 8.
e.
Relocate partitions in Waiting Area A267.
Combine Rooms C214 and C215 into one single
space. Revisions shall be as outlined in Proposal
Request # 9
f.
Provide revisions to plan in Hall Area A 235 as
outlined in Proposal Request # 10.
Add
$18,316.77
Add
337.76
Add
2,028.94
Add
$3,586.97
Add
132.45
Add
3,210.15
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11-22-83
..,
Provide revisions to plan in Commonwealth
Attorney's General Office B207 as outlined in
Proposal Request #11.
Add
496.59
g.
//
/
/
Revisions to ceiling in Corridor A101 to
accommodate duct work, as outlined in Proposal
Request # 12.
h.
Deduct
125.00
Revisions to casework at District Clerk Reception
Desk to accommodate revisions to cash register as
outlined in Proposal Request # 13.
i.
Add
609.60
j'I.A.
Revisions to casework and glass at Juvenile and
Domestic Relations Reception Desk to
accommodate revisions to cash register as outlined
in Proposal Request # 14.
j.
Add
463.70
Provide additional court-type seating (pews) in
Circuit Court rooms A208 and A227, similar in
style and finish to those originally specified, as
outlined in Proposal #15.
k.
Add
1,275.52
Provide door revisions and fan coil relocations as
outline in Supplemental Instruction #5.
1.
Add
191.00
$30,524.45
Total Change Order No. 4
Add
3. That the County Administrator is hereby authorized and directed to
execute these Change Orders on behalf of Roanoke County upon a form approved
by the County Attorney.
Adopted by the following roll call vote:
A YES:
Supervisors Burton, Nickens, Myers, Minter, Johnson
NA YS:
None
Supervisor Nickens moved to stop the clock at 10:56 p.m., and the
motion carried by a voice vote with the exception of Supervisor Myers.
A calendar of events was then presented by John Hubbard. He also
informed the Board that the AMP Property sale was completed on November 17,
1983 for a total sale price of $218,159.60.
IN RB:
APPOINTMBNTS
Supervisor Minter requested that resumes be submitted for those
citizens who would like to be appointed as the Hollins Representative to the
Roanoke County Planning Commission.
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11-22-83
242
IN RE:
WORK SESSIONS
Building and Zoning Fees - Superintendent of the Department of
Development, Timothy Gubala, advised the board of the results of the study to
adjust the Building and Zoning fees. After discussion Supervisor Burton moved
that the prepared resolution be amended to reflect a $10 fee for all building
inspections with the exceptions of early or late inspections (occurring prior to
8:00 a.m. and after 5:00 p.m.). These would carry a $5 additional charge.
Supervisor M inter moved that the resolution be amended to set
rezoning fees at $150 with the exception of the first two which should be $100.
Supervisor Nickens made a substitute motion to accept the balance of the proposed
fees and to change the building inspection fees to $10 as per Supervisor Burton's
motion.
RESOLUTION NO. 83-213 ESTABLISHING CERTAIN FEES FOR
CERTAIN SERVICES PROVIDED BY ROANOKE COUNTY THROUGH
THE DEPARTMENT OF DEVELOPMENT FOR ZONNING AND BUILDING
RELATED MATTERS
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That there be, and hereby are, established certain fees for
services provided through the Roanoke County Department of Development relating
to zoning and building services rendered for and on behalf of citizens, which said
fees are as follows, to-wit:
ZONING FEES
Application Type
Proposed Fee
Variance
$ 45.00*
Special Exception
New Mobile Horne
40.00 *
Other Type
40.00*
Special Use Permit
20.00
Mobile Horne Renewal
15.00
Home Occupation
40.00*
Street Vacation
70.00*
243 ;
11-22-83
Rezoning
to A-I, RE or R-l
to R-2, R-3 or B-1
to R-4, B-2, B-3, R-5 or R-6
to M-l, M-2, M-3
Use Not Provided For
PUD
$115.00*
150.00*
150.00*
140.00*
145.00*
145.00*
Site Plan Review
90.00
* Actual advertising costs shall be paid in addition to the filing fee.
In addition to the filing fee there shall be added a charge of $5.00
per acre or prtion thereof.
BUILDING FEES
Proposed Fee
Reinspection fee
$ 10.00
Inspection fee for mobile homes,
offices, new constructions and
alterations
Plumbing
Electrical
10.00
10.00
Inspection before 8:00 a.m. or
after 5:00 p.m.
5.00
(plus
regular
$10
inspection
fee)
Demolition Permit
10.00
Moving of Buildings
10.00
Certificate of Occupancy
(Includes Temporary)
10.00
Elevator Inspection
10.00
Annual Elevator Reinspection
10.00
2. Any fees heretofore established and not herein specifically
altered or amended shall remain in full force and effect.
Adopted by the following roll call vote:
AYES:
Supervisors Burton, Nickens, Myers, Minter, Johnson
NAYS:
None
Water and Sewer Rates - Supervisor Nickens moved to set the water
user rates for advertising using a base charge per equivalent unit not to exceed
$6.93 per month and a volume charge not to exceed $.88 per 1,000 gallons. The
sewer user rate to be advertised will have a base charge per equivalent unit not
to exceed $6.38 per month and a volume charge not to exceed $80 per 1,000
gallons. The motion carried by the following roll call vote:
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11-22-83
244-
AYES
Supervisors Burton, Nickens, Myers, Minter, Johnson
NAYS:
None
IN RE:
EXECUTIVE SESSION
At 11:28 p.m. Supervisor Burton 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
At 12:22 p.m. Supervisor Nickens moved to return to Open Session,
and the motion carried by a unanimous voice vote.
Supervisor Minter moved to approved the recommended compliment
for the Secretarial positions in the Commonwealth Attorney's Office.
RESOLUTION NO. 83-214 AMENDING RESOLUTION NO.
83-104 APPROVING THE CLASSIFICATION AND PAY
PLAN FOR THE 1983-84 FISCAL YEAR
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That Resolution No. 83-104 setting forth the classification and pay
plan for the 1983-84 fiscal year be amended as follows:
Grade 25
Code
Title
Department Number
027
Clerk Steno III
Commonwealth's Attorney -{- 0
Grade 27
Code
Title
Department Number
Commonwealth's Attorney -I- 2
956
Legal Secretary
Grade 27
Code
Title
Department
Number
540
Recreation
Supervisors
Parks & Recreation
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11-22-83
2. The amendments to Resolution No. 83-104 herein set out shall be full
force and effect from and after the passage of this resolution and until further
order of the Board.
Adopted by the following roll call vote:
A YES:
NAYS:
Supervisors Burton, Myers, Minter, Johnson
Supervisor Nickens
IN RE:
ADJOURNMENT
At 12:28 p.m. Supervisor Myers moved to adjourn, and the motion
carried by a unanimous voice vote.
Chairman