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HomeMy WebLinkAbout5/9/1978 - Regular 5-9-78 . 35.7. Salem-Roanoke County Salem, Virginia May 9, 1978 7:00 P.M. Civic Center I The Board of County Supervisors of Roanoke County, Virginia, met this day in open session at the Salem-Roanoke County Civic Center in Salem, Virginia, this being the second Tuesday and the first regular meeting of the month. Members Present: Chairman R. Wayne Compton, Vice-Chairman Robert E. Myers, and Supervisors May W. Johnson, Edward C. Park, Jr., and Lawrence E. Terr Chairman Compton called the meeting to order at 7:00 p.m. and recognized Mr. Don Obenshain, youth minister, Vinton Church of the Brethren, who offered the invocation. The Pledge of Allegiance to the flag was given in unison. IN RE: APPROVAL OF MINUTES On motion of Supervisor Johnson and a unanimous voice vote, the minutes of the regular meeting of Apri 1 25, 1978, and the special meeting of April 27, 1978, were approved as submitted. I IN RE: RENEWAL APPLICATION OF FRANK MUSE FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 57-ACRE TRACT ON THE EAST SIDE OF ROUTE 651, 0.5 MILE NORTH OF ROUTE 24; SAID MOBILE HOME TO BE OCCUPIED BY GOERGE FERRAIUOLO No one was present at the hearing in opposition to the request. Supervisor Park moved that the renewal application of Frank Muse be approved beginning December 23, 1977, subject to the provisions of the County Zoning Ordinance pertaining to mobile homes, which motion was adopted unanimousl IN RE: RENEWAL APPLICATION OF BEATRICE HARBOUR OYLER FOR A SPECIAL EXCEPTION TC PARK A MOBILE HOME ON A l-ACRE TRACT ON THE NORHTWEST SIDE OF ROUTE 220, 0.6 MILE SOUTH OF ROUTE 615 Mrs. Oyler was present at the hearing. There was no opposition. Supervisor Terry moved that the renewal application of Beatrice Oyler bE approved beginning May 14, 1978, subject to the provisions of the County Zoning Ordinance pertaining to mobile homes, which motion was adopted unanimously. IN RE: RENEWAL APPLICATION OF KEVEN F. MOORE FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 6-ACRE TRACT ON THE EAST SIDE OF ROUTE 774, 0.75 MILE SOUTH OF ITS INTERSECTION WITH ROUTE 638 I Mr. Moore was present at the hearing. There was no opposition. Supervisor Myers moved that the renewal appl ication of Keven Moore be approved beginning Apri 1 13, 1978, subject to the provisions of the County Zoning Ordinance pertaining to mobile homes, which motion was adopted unanimous y. IN RE: RENEWAL APPLICATION OF JAMES W. WINDEL FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A l-ACRE TRACT ON THE EAST SIDE OF ROUTE 612, 0.3 MILE NORTH OF ROUTE 711 Mr. Windle was present at the hearing. There was no opposition. Supervisor Terry moved that the renewal application of James Windel be approved beginning April 13, 1978, subject to the provisions of the County Zoni g Ordinance pertaining to mobile homes, which motion was adopted unanimously. 5-9-78 :35,8 . IN RE: PETITION OF JAMES H. MCNABB FOR REZONING FROM B-3 TO * B-2 OF A LOT FORMERLY OWNED BY SHELL OIL COMPANY AND * LOCATED AT THE SOUTHEAST CORNER OF COLONIAL AVENUE AND * THOMPSONS LANE (3662 COLONIAL AVENUE, SW) SO THE LAND * MAY BE USED FOR CONSTRUCTION OF A RETAIL DECORATING * SHOP TO ~ELL PAINT, WALLPAPER, FLOOR COVERINGS, ETC. * NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of County FINAL ORDER Supervisors of Roanoke County that pursuant to the provisions of law, the following property be reclassified and rezoned from Business District B-3 to Business District B-2; the said property more particularly described as follows: BEGINNING at an iron at the intersection of the rights-of-way of Colonial Avenue and Thompsons Lane; thence with the southerly side of the right-of-way of Colonial Avenue N 220 56' 30" E 189.50 feet to a point; thence leaving the siad right-of-way and running on a new course through the Seller's land, S 300 53' 30" E 168.66 feet to a point; thence S 520 56' 30" W 181.54 feet to an iron on the easterly side of the right-of-way of Thompsons Lane; thence with the easterly side of the said right-of-way N 330 35' 30" W 168.00 feet to the place of Beginning, according to a plat of survey made for Shell Oil Company by T. P. Parker, S.C.E.,dated January 11, 1966. BE IT FURTHER RESOLVED AND ORDERED that the Clerk transmit a certified copy of this Final Order to the County Engineer so that the zoning maps of Roano e County may be amended to reflect this rezoning, the Secretary of the Planning Commission of Roanoke County and Richard Lee Lawrence, Attorney for the Petition r, James H. McNabb. The petition of James H. McNabb was presented to the Board by Mr. Richard Lee Lawrence. Chairman Compton opened the floor for public comments. No one spoke in opposition to the request. Supervisor Johnson moved that the rezoning request of James H. McNabb be approved, which motion was adopted by the following recorded vote: AYES: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton NAYS: None I I IN RE: BINGO PERMIT - SUGAR LOAF LIONS CLUB Mr. Charles Payne, President, and Mr. John Jones, Member, Sugar Loaf Lions Club were present at the meeting. No one spoke in opposition to the requE pt. Supervisor Terry moved that the application of Sugar Loaf Lions Club for a bingo permit be approved effective this date for a period of one year. IN RE: PROCLAMATION - "JUVENILE DIABETES FOUNDATION MONTH" Ms. Carol Greenisen, Vice President, Juvenile Diabetes Foundation, Roanoke Valley Chapter, was present at the meeting. Pursuant to the request of the President of the Juvenile Diabetes Foundation, Mrs. Jackie Redding, Chairmar Compton proclaimed the month of May, 1978, as IIJuvenile Diabetes Foundation Month." A full copy of the proclamation is filed with the minutes of this meet 19. I IN RE: PETITION OF AKS, INC. T/A KITCHEN CUPBOARD FOR A PERMIT TO OPERATE AN AMUSEMENT CENTER Supervisor Myers moved that the request of AKS, INC., t/a Kitchen Cupboard for a permit to operate an amusement center on its premises located at 7425 Williamson Road be scheduled for public hearing before the Board on June 13, 1978, provided the applicants submit all necessary papers, which motion was adopted unanimously. 5-9-78 3 K~ ~,~\ ~ ~ IN RE: INDUSTRIAL DEVELOPMENT AUTHORITY - RESIGNATION OF MR. MILLER E. PETTY, CHAIRMAN I Chairman Compton advised the Supervisors that he had received a telephon call from Mr. Miller E. Petty advising that for reasons of health he must resign as chairman and member of the Roanoke County Industrial Development Authority, which resignation the Board accepted with understanding, but regret. IN RE: APPOINTMENT - INDUSTRIAL DEVELOPMENT AUTHORITY On recommendation of Chairman Compton, Supervisor Myers moved that Mr. Gene D. Whitlow from the Hollins District be appointed to fill the unexpired term of Mr. Mi ller E. Petty on the Roanoke County Industrial Development Authori y, which term expires September 26, 1978. The motion was adopted unanimously. I IN RE: RESOLUTION NO. 2043 ACCEPTING A BID FOR THE PURCHASE OF SECTIONAL CHAIN LINK FENCING TO BE USED BY THE RECREATION DEPARTMENT WHEREAS, on April 26, 1978, bids were received and opened in the Depart- ment of Finance, Purchasing Division, for the purchase of sectional chain link fencing to be used by the Recreation Department; and WHEREAS, the Purchasing Supervisor has, in report to the Board dated May 9, 1978, recommended that the acts hereinafter set out be accepted; and \;JHEREAS, the funds for said chain 1 ink fencing hereinafter accepted are included in the 1977-78 budget. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the bid for said chain link fencing of Powers Fence Company, Inc., Roanoke, Virginia, in the amount of $5,875.00 be accepted, said chain link fencing to be used by the Recreation Department; and the County Executive is hereby directed to notify said bidder of the acceptance of their said bid and is authorized to execute the necessary contracts for this purpose. On motion of Supervisor Terry and adopted by the following recorded vote AYES: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton NAYS: None IN RE: WASTE DISCHARGE PERMIT I In a report to the Board, the County Executive advised that the County is in receipt of a request from Mr. William J. See, owner of a lot in the Fallin Creek Estates Subdivision, east of Vinton off of State Route 24, for a permit tc discharge sewage wastes from a single-family residence presently under construc tion. A full copy of the report is filed with the minutes of this meeting. Supervisor Myers moved that the Board concur with the application for a waste discharge permit insofar as Roanoke County is concerned, which motion was adopted by a unanimous voice vote. IN RE: REFERRALS TO THE PLANNING COMMISSION In a report to the Board, the County Executive advised that the followirg petitions for rezoning have been referred to the County Planning Commission since the Supervisors' meeting on April 11,1978: (1) Petition of Aylett B. Coleman and Fred P. Bull ington for rezoning from A-I to B-2 of 14.67 acres on the east side of Route 419, one mile south of Route 220 (adjoining WLRG building and Beulah Heights Subdivision) so the land may be developed in a fashion in keeping with surrounding area. 5-9-78 "860 (2) Petition of A. T. Williams Oi 1 Comp-ny for rezoning from B-2 to B-3 of a 0.680-acre tract presently owned by Harry E. Campbell, Jr. and George T. Parker, et aI, and located at the northwest corner of Routes 220 and 675 (Indain Grave Road) so that a self-service gasoline station may be con- structed thereon. IN RE: RESOLUTION NO. 2044 AUTHORIZING AND APPROVING AN AMENDMENT TO THE 1972 SEWAGE TREATMENT CONTRACT I WHEREAS, the Town of Vinton, the County of Roanoke, the City of Roanoke, the City of Salem and the County of Botetourt previously entered into a Sewage Treatment Contract in 1972, of which each was a participant; and WHEREAS, representatives of Roanoke County and of the various aforesaid local ities met on Wednesday, March 22, 1978, at 2:00 p.m., in efforts to negotic e and agree as to an amendment to allocations for each said local ity to the said Sewage Treatment Contract; and WHEREAS, as a result of said meeting the Town of Vinton did, by Town of Vinton REsolution No. 609, request that Roanoke County concur in an amendmen to said Contract as set out below. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the quantity allocation specified under the March 22, 1972, Sewage Treatment Contract entered into by and between the Town of Vinton, the County of Roanoke, the City of Roanoke, the City of Salem and the County of Botetourt be, and the same is hereby, approved to be amended to read as follows Roanoke County 9.00 MGD Salem 6.65 MGD Vinton 1.60 MGD Botetourt 1. 90 MGD I BE IT FURTHER RESOLVED that the County Executive be, and the same is hereby, authorized to execute said amendment on behalf of Roanoke County. BE IT FINALLY RESOLVED that all rights, duties and obligations under this 1972 Sewage Treatment Contract between the aforesaid parties shall continu in full force and effect. On motion of Supervisor Myers and adopted by a unanimous voice vote. IN RE: AMENDMENT TO GENERAL APPROPRIATION RESOLUTION NO. 2045 On motion made by Supervisor Johnson, the General Appropriation Resolu- tion of Roanoke County, Virginia, adopted June 28, hereby, amended as follows to become effective May DESCRIPTION 1977, be, and the same is 9, 1978: ACCOUNT NUMBER INCREASE (DECREAS E) I Class: Fund: Department: o b j ec t : Expenditures Federal Programs Federal Programs CETA-Summer Youth Employment 625000-399 $ 33,085 Class: Revenues Fund: Federal Programs Department: Federal Programs Object: CETA Reimbursement Adopted by the following, recorded vote: 525000-0686 $ 33,085 AYES: NAYS: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton None 5-9-78 361; . I IN RE: REQUEST OF HUGH L. WOMACK, JR. County Attorney Dean Foster, acting as spokesman for the County School Board, advised the Supervisors that the School Board is requesting withdrawal of the request of Hugh L. Womack, Jr., for transfer of a 55-foot wide easement of County School Board real property. On motion of Supervisor Johnson and a unanimous voice vote, the Board concurred with the request. IN RE: CLEARBROOK VOLUNTEER FIRE COMPANY Mrs. Johnson moved that the Board go on record for commending and recog- nizing the services performed by the members of the Clearbrook Volunteer Fire Company, which motion was adopted unanimously. I IN RE: STREET NAME CONFUSION - MOUNT VERNON HEIGHTS Supervisor Johnson advised the Board that certain residents in the Mount Vernon Heights subdivision are confused over the name of the street on which the reside. Considerable discussion took place during which County Engineer Art Guepe brought the Supervisors up to date on the subject. The County Engineer was thendirected to arrange a meeting with all property owners in the affected area to attempt to arrive at a solution agreeabl to all persons living on old Kenmore Avenue concerning the street name and stree addresses. IN RE: APPOINTMENT - COURT SERVICE UNIT ADVISORY COUNCIL Supervisor Park moved that Dr. Herbert Keaton from the Vinton District be reappointed to serve as a member of the Court Service Unit Advisory Council for a term of two years beginning March 22, 1978, and ending March 22, 1980, which motion waS adopted unanimously. IN RE: APPOINTMENT - VIRGINIA WESTERN COMMUNITY COLLEGE BOARD Supervisor Park moved that Mrs. Frank Stone from the Vinton District be appointed to serve as one of Roanoke County's three representatives on the Virginia Western Community Col lege Board for a term of four years beginning May 28, 1978, and ending May 28, 1982, which motion was adopted unanimously. IN RE: NEW JAIL FACILITY - PURCHASE OF BONDS I Supervisor Myers moved that $1 million be set aside in next year1s budget for the new jail facility, thereby reducing the amount of bonds to be sold to $1.9 mill ion instead of $2.9 mill ion heretofore approved by the voters. The motion was defeated by the following recorded vote: Mr. Myers Mrs. Johnson, Mr. Park, Mr. Terry, Mr. Compton Supervisors Johnson, Park, Terry and Compton advised they voted in the negative due to the same basic reason -- budget study has not been completed, thereby making it too soon to tell whether $1 million is available. AYES: NAYS: 5-9-78 3"}?" IN RE: TAX LEVY - PERSONAL PROPERTY AND REAL ESTATE estate Supervisor Myers moved that the tax levy for personal property and real situate in Roanoke County for the calendar year 1978 be reduced 28~. The motion was defeated by the following recorded vote: Mr. Myers Mrs. Johnson, Mr. Park, Mr. Terry, Mr. Compton I AYES: NAYS: IN RE: RESOLUTION NO. 2046 SETTING THE TAX LEVY ON ALL CLASSES OF PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1978 BE IT RESOLVED that the levy for the twelve-month period beginning January 1, 1978, and ending December 31, 1978, be, and it hereby is, set for a tax rate of $3.25 per One Hundred Dollars of assessed valuation on all taxable, tangible personal property, excluding all those dasses of household goods and personal effects as are defined in Section 58-829.1 of the 1950 Code of Virginia as amended, but including the property separately classified by Sections 58-829, 58-829.2,58-829.3, 58-831, 58-831.1, and 58-831.2 in the Code of Virginia of 1950, as amended, located in this County on January 1, 1978, and tangible person 1 property including the property separately classified by Sections 58-829, 58-829 2, 58-829.3, 58-831, 58-831.1, and 58-831.2 in the Code of Virginia of 1950, as amended, of public service corporations, based upon the assessed value thereof fixed by the State Corporation Commission and duly certified. On motion of Supervisor Terry and adopted by the following recorded vote Mrs. Johnson, Mr. Park, Mr. Terry, Mr. Compton I AYES: NAYS: Mr. Myers IN RE: RESOLUTION NO. 2047 SETTING THE TAX LEVY ON ALL CLASSES OF REAL ESTATE SITUATE IN ROANOKE COUNTY FOR THE CALENDEAR YEAR 1978 BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the levy for the twelve-month period beginning January 1, 1978, and ending December 31, 1978, be, and it is hereby, set for a tax rate of $3.25 per One Hundred Dollars of assessed valuation on all classes of taxable real estate situate in Roanoke County. On motion of Supervisor Terry and adopted by the following recorded votE AYES: Mrs. Johnson, Mr. Park, Mr. Terry, Mr. Compton NAYS: Mr. Myers went IN RE: EXECUTIVE SESSION On motion of Supervisor Terry and the following recorded vote, the Boare into Executive Session at approximately 8:00 p.m. to discuss litigation: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton I AYES: NAYS: None At 8:10 p.m., the Supervisors returned to the meeting room and on the motion of Supervisor Johnson and a unanimous voice vote, the Board reconvened in open session. 5-9-78 I 8'6{'~ IN RE: RESOLUTION NO. 2048 ACCEPTING AND APPROVING THE SCHOOL BUDGET FOR THE 1978-79 FISCAL YEAR I WHEREAS, the requirements of law contained in Section 22-127 of the Code of Virginia of 1950, as amended, require the governing body to prepare and accept an annual budget for informative and fiscal planning purposes only for educational purposes by May 15 of each year or within thirty (30) days of the receipt by the County of the estimates of State funds, whichever shall occur later; and WHEREAS, the Board of County Supervisors of Roanoke County desires to accept said budget from the School Board for the 1978-79 fiscal year with the exceptions as hereinafter set out. I NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that, pursuant to Section 22-127 of the Code of Virginia of 1950, as amended, said Board does hereby accept the school budget for the 1978-79 fiscal year as presented and considered by said Board with the exception that $1,504 be, and the same is hereby, transferred from Category l7A (Administration to Category l7Bl (Instruction) and $1,163 be, and the same is hereby, transferre from Category l7C (Attendance and Health) to Category l7B2 (Instruction) as permitted by the above-cited statute. BE IT FURTHER RESOLVED that the sum of $13,000,013 be, and the same is hereby, appropriated to the Roanoke County School Operating Fund from the Roanoke County General Operating Fund; it being the intention of said Board that the school budget is approved with said sum equal ing the total local appropriation. On motion of Supervisor Terry and adopted by the following recorded votE Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton None AYES: NAYS: This concluded the business before the Board at this time and on the motion of Supervisor Park and the unanimous voice vote of the members, the meeti g was adjourned at 8:12 p.m. CHAIRMAN I