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8/14/1973 - Regular 52 8-14-73 Roanoke County Courthouse Salem, Virginia August 14, 1973 1:00 P.M. Salem-Roanoke Valley Civic Center Salem, Virginia August 14, 1973 1:23 P.M. The Board of Supervisors of Roanoke County met this day at the Courthouse in Salem, Virginia, in the County Court- room being the second Tuesday, and the first regular meeting of the month. Members Present: C. Lawrence Dodson, Chairman, John G. Seibel, Vice-Chairman, Richard C. Flora and R. E. Hilton. Absent: J. Thomas Engleby, III. Mr. William F. Clark, County Administrator and Mr. Edward A. Natt, County Attorney, were also in attendance. Chairman Dodson called the meeting to order at 1:00 p. . recognized The Reverend A. Garnett Day, who offered the invocation. The Pledge of Allegiance to the flag was given in unison, led by Chairman Dodson. On the motion of Supervisor Flora and the unanimous voice vote of the Board, the meeting was adjourned at 1:05 p.m. to reconvene immediately at the Salem-Roanoke Valley Civic Center. Pursuant to the adjournment of the meeting of August 14, 1973, the Roanoke County Board of Supervisors met this day and reconvened in open session at the Salem-Roanoke Valley Civic Center, with the same members in attendance. Chairman Dodson called the meeting to order at 1:23 p. . I I I I I I 8-14-73 ~3 On the motion of Supervisor Seibel and the unanimous voice vote of the Board, the minutes of the regular and adjourned meeting of July 10, 1973, and the joint Public Hearing of the Board of Supervisors and Roanoke County Planning Commissi n on July 16, 1973, were approved as corrected. IN RE: PETITION OF G. WAYNE FRALIN FOR REZONING ALL PROPERTY LYING WEST OF THE CENTER LINE OF PETERS CREEK CONTAINING 4.97 ACRES FINAL ORDER WHEREAS, G. Wayne Fralin did petition the Board of Supervisors of Roanoke County to rezone certain property described in said petition, and to amend the Zoning Ordinance of Roanoke County so as to provide that certain property described in said petition be rezoned from Redsidential District R-l, to Business District B-2, which petition was filed at the regular meeting of this Board on the 15th day of May, 1973, and by Order entered on that day was referred to the Planning Commission of Roanoke County for recommendation in accordance with the pro- visions of the Code of Virginia, as amended; and WHEREAS, said Planning Commission by resolution adop- ted at a meeting held on the 17th day of July, 1973, after due advertisement and after hearing evidence touching on the merits of said petition, recommended to this Board that said County Zoning Ordinance be amended so as to change the classification of the property described in said petition from Residential District R-1, to Business District B-2; and WHEREAS, the Board of Supervisors of Roanoke County did by its Order entered on the 15th day of May, 1973, as aforesaid, order that the Clerk of this Board, upon receipt of said recommendation from the Planning Commission, forthwith set the same down for a public hearing at the next permissible reg- ular or special meeting of this Board, and give notice thereof by publication in accordance with the County Zoning Ordinance and the 1950 Code of Virginia, as amended; and 54 8-14-73 WHEREAS, said public hearing was this day had on the said proposed amendment; and WHEREAS, the Board after giving careful consideration to said Petition and to said recommendation of the Planning said proposed amendment, being of the opinion that said County I Commission, and hearing evidence touching on the merits of Zoning Ordinance should be amended. NOW, THEREFORE, BE IT RESOLVED AND ORDERED that this the meeting of the Board of Supervisors of Roanoke County, Virginia, held on the 14th day of August, 1973, the said Roanok County Ordinance be, and the same is hereby amended so as to reclassify the hereinafter described property from Residential District R-l, to Business District B-2, which property is des- cribed as follows, to-wit: All property lying west of the centerline of Peters Creek, of the 4.97 acre tract. AND BE IT FURTHER RESOLVED AND ORDERED that the Clerk of this Board shall forthwith certify a copy of this resolution I and order to the Secretary of the Planning Commission of Roanok County, Virginia, and a copy to W. H. Fralin, Attorney for the Petitioner. The foregoing resolution was adopted on motion of Supervisor Flora and the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby Mr. W. H. Fralin, Attorney, appeared on behalf of the petitioners. There was no opposition. IN RE: PETITION OF RANDOLPH ZETT HOWELL AND) GLADYS R. HOWELL FOR REZONING 18.16 ) ACRES BETWEEN ROUTE 81 AND NORTH ) FINAL ORDER BURLINGTON HEIGHTS SUBDIVISION ) I WHEREAS, Randolph Zett Howell and Gladys R. Howell did petition the Board of Supervisors of Roanoke County to rezone certain property described in said petition, and to amen I I I ~.- -,. 8-14-73 55 the Zoning Ordinance of Roanoke County so as to provide that certain property described in said petition be rezoned from Residential District R-l, to Agricultural District A-I, which petition was filed at the regular meeting of this Board on the 15th day of May, 1973, and by Order entered on that day was referred to the Planning Commission of Roanoke County for recommendation in accordance with the provisions of the Code of Virginia, as amended; and WHEREAS, said Planning Commission by resolution adopted at a meeting held on the 19th day of June, 1973, after due advertisement and after hearing evidence touching on the merits of said Petition, recommended to this Board that said County Zoning Ordinance be amended so as to change the classi- fication of the property described in said petition from Residential District R-l, to Agricultural District A-I; and WHEREAS, the Board of Supervisors of Roanoke County did by its Order entered on the 15th day of May, 1973, as afore- said, order that the Clerk of this Board, upon receipt of said recommendation from the Planning Commission, forthwith set the same down for a public hearing at the next permibbible regular or special meeting of this Board, and give notice thereof by publication in accordance with the County Zoning Ordinance and the 1950 Code of Virginia, as amended; and WHEREAS, the Clerk of this Board did set the regular meeting of this Board to be held on the 14th day of August, 1973 at 1:00 p.m. as the date and time for public hearing and adver- tised the same in accordance with the provisions of the 1950 Code of Virginia, as amended; and WHEREAS, said public hearing was this day had on the said proposed amendment; and WHEREAS, the Board after giving careful consideration to said Petition and to said recommendation of the Planning Commission, and hearing evidence touching on the merits of said proposed amendment, being of the opinion that said County Zoning Ordinance should be amended. LJ1. ~.~.... _i'~~_".~_~~"".~.1 "-"~"'ul>.......I!..:.~._. .. 5~ 8-14-73 NOW, THEREFORE, BE IT RESOLVED AND ORDERED tha~ t~i~ t11e meeting of the Board of Supervisors of Roanoke County, Vlrglnla, I ! ~ held on the 14th day of August, 1973, the said Roanoke County I Zoning Ordinance be, and the same is hereby amended so as to reclassify the hereinafter described property from Residential District R-l, to Agricultural District A-I, which property is described as follows, to-wit: 18.16 acres tract, bounded on north by Interstate 81, on the east by J. H. Peters property, on the south by North Burlington Heights, and on the west by North Burlington Heights and it is, accordingly, so RESOLVED and ORDERED. AND BE IT FURTHER RESOLVED AND ORDERED that the Clerk of this Board shall forthwith certify a copy of this resolution and order to the Secretary of the Planning Commission of Roanoke County and a copy to W. H. Fralin, Attorney for the petitioner. The foregoing resolution was adopted on motion of Supervisor Hilton and the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby Mr. W. H. Fralin, Attorney, appeared on behalf of the petitioners. There was no opposition. IN RE: PETITION OF JERRY B. BOWEN AND J. M. BECKER FOR REZONING OF LOTS 27, 28 AND THE EASTERN ~ OF LOT 26, SECTION 1, ACCORDING TO THE MAP OF DILLARD COURT FINAL ORDER WHEREAS, application has been made to the Board of Supervisors of Roanoke County that Lots 27, 28 and the eastern ~ of Lot 26, Section 1, according to the Map of Dillard Court, situated on the south side of Peters Creek Road in Roanoke Count Virginia, be rezoned from Residential District R-l to Office and Residential District B-1; and WHEREAS, the Roanoke County Planning Commission has recommended that the heretofore described land be rezoned from Residential District R-l to Office and Residential District B-1; and I I I I I I .~ 8-14-73 ,57 WHEREAS, notices required by the Roanoke County Zoning Ordinance and the Code of Virginia relating to the zoning have been published as reguired by the Code of Virginia of 1950, as amended; and WHEREAS, the hearing provided for in said Notice was held on August 14, 1973, at 1:00 p.m. before the Board of Super- visors, at which hearing all parties in interest and citizens were given an opportunity to be heard; and WHEREAS, the Board, after considering the evidence as herein provided, is of the opinion that the heretofore described land should be rezoned. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County that the heretofore described land be and the same is hereby rezoned and Zoning Designation changed from Residential District R-l to Office and Residential District B-1. This ordinance was adopted on motion of Supervisor Flora and the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby Mr. C. Richard Cranwell, Attorney, appeared on behalf of the petitioners. There was no opposition. IN RE: PETITION OF PAUL G. BLACK FOR ) REZONING OF A PARCEL OF LAND ) LOCATED ON THE CORNER OF DEXTER) AND PLANTATION ROADS, SHOWN ON) FINAL ORDER MAP OF SECTION 1 OF SUNNYBROOK ) SUBDIVISION AS LOTS 1 AND 2 OF ) SECTION 3 ) WHEREAS, Paul G. Black did petition the Board of Supervisors of Roanoke County to rezone certain property des- cribed in said petition, and to ammend the Zoning Ordinance of Roanoke County, so as to provide that certain property be rezonea from Business District B-1 to Business District B-2 and Resi- dential District R-l to Residential District R-2, which petition was filed at the regular meeting of the Board of Supervisors on the 12th day of June 1973, and by order entered on that day was referred to the Planning Commission of Roanoke County for rec- ommendation; and _.Jl., 58 8-14-73 ~ . -"--_.-.-...., WHEREAS, said Planning Commission by resolution adop- ted at a meeting held on the 17th day of July, 1973, after due advertisement and after hearing evidence touching on the merits of said petition recommended to this Board that said County Zon- ing Ordinance be amended so as to change the classification of the property described in said petition from Business District B-1 to Business District B-2 and Residential R-l to Residential R-2; and WHEREAS, the Board of Supervisors of Roanoke County did by its order entered on June 12, 1973, order that the Clerk of this Board, set the same down for a public hearing at the next permissible regular or special meeting of this Board, and give notice thereof, by publication; and WHEREAS, the Clerk of this Board did set the regular meeting of this Board to be held on the 14th day of August, 1973 at 1:00 p.m. as the date and time for public hearing and adver- tised the same by notice duly published; and WHEREAS, said public hearing was this day had on the said proposed amendment; and WHEREAS, the Board after giving careful consideration to said petition, is of the opinion that the said County Zoning Ordinance should be amended. NOW, THEREFORE, BE IT RESOLVED AND ORDERED that this the meeting of the Board of Supervisors held on the 14th day of August, 1973, the said Roanoke County Zoning Ordinance be, and the same is hereby amended so as to reclassify the hereinafter described property from Business District B-1 to Business Distri t B-2 and Residential District R-l to Residential District R-2 and it is accordingly, so resolved and ordered. AND BE IT FURTHER RESOLVED AND ORDERED that the Clerk of this Board shall certify a copy of this resolution to the Secretary of the Planning Commission and a copy to Paul G. Black I I I I I I 8-14-73 59 The foregoing resolution was adopted on motion of Supervisor Flora and the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby Mr. Paul G. Black, petitioner, appeared on his own behalf. There was no opposition. IN RE: AIR POLLUTION CONTROL ORDINANCE Supervisor Hilton moved that the Public Hearing on adoption of amendments to Chapter 3, Air Pollution, of the Roanoke County Code be continued to the September 11, 1973 meeting of the Board. The motion was adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby Those speaking in favor of the proposed Air Pollution Control Ordinance were: Mr. Edward Kidd and Mr. W. Carter Bradley, Air Pollution Control Officer. Those speaking in opposition were: Mr. Thomas J. Rakes, a resident of the Bennett Springs area, who was opposed to the restriction regarding the burning of leaves. IN RE: ADOPTION OF AMENDMENTS TO THE ROANOKE COUNTY CODE, CHAPTER 5, ANIMALS AND FOWL WHEREAS, the Board of Supervisors deems certain amendments to the Roanoke County Code to be necessary in the best interests of the health, safety and general welfare of the citizens of Roanoke County; and WHEREAS, a Notice of Intention to amend the Roanoke County Code as proposed, and Public Hearing thereon; have been advertised and posted in accordance with law. NOW, THEREFORE, BE IT ORDAINED by the Board of Super- visors of Roanoke County, that the Roanoke County Code be amen- ded as follows: 60 8-14-73 A new section numbered Section 5-10.1, Vicious Dogs, be adopted as follows: Section 5-10.1 - vicious Dogs It shall be unlawful for any owner to keep within the County any dog which is known to be vicious or which has evidenced a disposition to attack human beings. Upon conviction of any owner as a viola- tor of this section, the judge of the court trying the case may order the dog warden, deputy dog warden or officer of law of the County to humanely kill such dog. I Section 5-12 - Penalty for violating Section 5-10 and 5-10.1 Section 5-12 be amended as follows: Any person found guilty of violating Section 5-10 and 5-10.1 shall be fined not less than five dollars nor more than twenty-five dollars for each violation. Offenses committed on separate days shall be deemed to be separate offenses for the purpose of this section. This amendment to take effect on September 1, 1973. On motion of Supervisor Seibel and adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None I ABSENT: Mr. Engleby IN RE: COMMITTEE TO STUDY ANIMAL CONTROL ORDINANCE Supervisor Hilton moved that the Chairman be author- ized to appoint a committee to study the County's entire Animal Control Ordinance and make recommendations back to the Board regarding changes to said ordinance. The motion was adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby IN RE: ADOPTION OF AN AMENDMENT TO CHAPTER 19, TAXATION, BY THE ADDITION OF A NEW SECTION I WHEREAS, the Board of Supervisors deems certain amend- ments to the Roanoke County Code to be necessary in the best interests of the health, safety and general welfare of the citizens of Roanoke County; and , - .. 8-14-73 61 WHEREAS, a Notice of Intention to amend the Roanoke County Code as proposed, and Public Hearing thereon, have been advertosed and posted in accordance with law. NOW, THEREFORE, BE IT ORDAINED by the Board of Super- I visors of Roanoke County that the Roanoke County Code be amended as follows: Chapter 19, Taxation, be amended by the addition of a new section numbered 19-6.1 entitled Bad checks tendered for payment of local taxes, as follows: If any check tendered for any amount due for local taxes be not paid by the bank on which it is drawn as the result of insufficient funds in the account or if there be no such account, the person by whom such check was tendered shall remain liable for the payment of such amount the same as if such check had not been tendered, and in addition to other penalties imposed by law, be subject to a penalty of five dollars. This amendment to take effect on September 1, 1973. On motion of Supervisor Flora and adopted by the following recorded vote: I AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby IN RE: UTILITY SERVICE TAX Supervisor Flora moved that the resolution on the adoption of an amendment to Chapter 19, Taxation, Section 19-7, Utility Service Tax be adopted. The matter was continued to the September 11, 1973 ! meeting of the Board because of the following recorded tie vote: AYES: Mr. Flora, Mr. Dodson NAYS: Mr. Hilton, Mr. Seibel ABSENT: Mr. Engleby I .. 62 8-14-73 IN RE: JOINT PUBLIC HEARING OF THE COUNTY PLANNING COMMISSION AND BOARD OF SUPERVISORS ON APPLICATIONS (21) TO ERECT MOBILE HOMES ON CERTAIN PROPERTIES OUTSIDE OF MOBILE HOME PARKS ...-.--,..-----. . I I , i A joint Public Hearing of the Board of Supervisors of Roanoke County and the Planning Commission of Roanoke County was held at 2:30 p.m. this date at the Salem-Roanoke Valley Civic Center with the Chairman of the Board of Supervisors, C. Lawrenc Dodson, presiding. The purpose of the joint Public Hearing bein to consider applications for uses not provided for for the place ment of mobile homes on certain properties situate in Roanoke County pursuant to the provisions of Section 21-7 of the Roanoke County Code. Members present from the Board of Supervisors: Chairman C. Lawrence Dodson, Vice-Chairman John G. Seibel, Richard C. Flora and R. E. Hilton, Jr. Absent: J. Thomas Engleby, III. Members present from the Planning Commission: Chairman Robert L. Miley, Vice-Chairman M. E. Maxey, David A. Updike, L. S. Elder and Anthony C. Maier. Mr. William F. Clark, County Administrator, and Mr. Arthur A. Guepe, Secretary to the Planning Commission, were also in attendance. IN RE: USES NOT PROVIDED FOR Public Hearings were held on the following application for uses not provided for: 1. Application of Ralph Keen to park 1 trailer on a 4.62 acre tract on a private road off Route 688, which turns off Route 221. (continued from July 16 joint Public Hearing) No one appeared for or against the Keen application. 2. Application of Jerome David Henry to park 1 trailer on a 101.65 acre tract on Route 607 at Bottom Creek. (continued from July 16 joint hearin There was no opposition. I I I . . "I" I I I . , 8-14-73 63 3. The application of Gene Allen Mitcheum was withdrawn on July 24, 1973 at the request of the applicant. 4. Application of Danny Leon Clark to park 1 trailer on a 4.3 acre tract 1 1/8 miles off Route 460 on Route 603. (continued from the July 16 joint Public Hearing) There was no opposition. 1. Application of William E. Lee to park 1 trailer on a 4 acre tract off State Road 910, l~ miles west of Exit 39. There was no opposition. 2. Application of Marshall Jackson to park 1 trailer on a ~ acre tract on Route 778. There was no opposition. 3. Application of Elsie Ponton Mitchell to park 1 trailer on a 2.5 acre tract 2~ miles east of vinto . Speaking in opposition was Mr. Carl T. Tingler. 4. Application of Floyd Robert Byrd to park 1 trailer on a 0.8 acre tract located on 3440 Cove Road. There was no opposition. 5. Application of Frank Edward Furrow to park 1 trailer on a 1 acre tract on Bradshaw Road. No one appeared for or against the Furrow application. 6. Application of Virginia E. Rodriguez to park 1 trailer on a 2 acre tract on Old Catawba Road in Mason Cove. There was no opposition. 7. Application of Benjamin C. Daugherty to park 1 trailer on a ~ acre tract owned by Albert Levi Maxey located 0.6 miles north of Route lIon Route 643. There was no opposition. 8. Application of Charles C. Pratt to park 1 trailer on a 7.9 acre tract located ~ mile off Route 777 in Glenvar. No one appeared for or against the Pratt application. 64 8-14-73 .._,----_.. 9. Application of Archie T. Stuart to park 1 trailer on a 2 acre tract located on Route 613. There was no opposition. 10. Application of E. L. Moses to park 1 trailer on a 50 acre tract located l~ miles west of Exit 39, on State Route 910. There was no opposition. I 11. Application of Horace M. Obenchain to park 1 trailer on a 46 acre tract located on Route 3, Salem. There was no opposition. 12. Application of Annie Holland to park 1 trailer on a ~ acre tract located on Route 419, Starkey. There was no opposition. 13. Application of Whitmar W. Beveridge to park 1 trailer on a 100 foot by 275 foot lot located on 1919 Washington Avenue, vinton. There was no opposition. 14. Application of Fred W. Davis to park 1 trailer on a 10 acre tract owned by Joseph T. and Donna N. Harden located east of Route 311 in Catawba. I Those speaking in opposition were: Mr. Thomas J. Rakes, Attorney, representing Burruss Land and Lumber Company, Lynchburg. 15. Application of Mrs. Geneva C. Maxey to park 1 trailer on a 4 acre tract located on Westward Lake Drive. No one appeared for or against the Maxey applica- tion. 16. Application of Barry J. Stafford to park 1 trailer on a l~ acre tract owned by Carl H. Nichols locate on Route 813. I There was no opposition. 17. Application of James L. Austin to park 1 trailer on a 2.25 acre tract 3.75 miles from City limits east on Rutrough Road. I Speaking in opposition were: Mr. Cecil Bollinger, representing citizens from the Mayflower Hills Community, who presented a petition to the Board with 72 signatures objecting to the application of James L. Austin. . . .. 8-14-73 65 18. Application of Edward R. Rumbley, III to park 1 trailer on a one acre tract located about 100 yeard from Route 1, Box 378, Roanoke. There was no opposition. I At 4:00 p.m., the Planning Commission recessed to consider the above-mentioned applications. The Board of Super- visors continued with its Agenda. IN RE: A RESOLUTION RECOMMENDING AND URGING THE INITIATION OF A PROJECT TO PROVIDE INDUSTRIAL ACCESS TO CERTAIN NEW MANUFACTURING PLANTS TO BE LOCATED IN ROANOKE COUNTY WHEREAS, CODI, Associates, Inc. (Norfolk Mattress Company), a manufacturing company engaged in the manufacturing of mattresses, has acquired a tract of undeveloped land situate in Roanoke County, on which site said company will construct a plant for the manufacturing of mattresses; and WHEREAS, Lowe-Nelson Plumbing and Heating Company has acquired a tract of undeveloped land situate in Roanoke County, I on which site said company will construct a plant for the manu- facturing of ductwork; and WHEREAS, Corrigated Container Corporation has acquired a tract of undeveloped land situate in Roanoke County, on which site said company will construct a plant for the manufacturing of corrigated boxes; and WHEREAS, the nature of the business operations of said firms will involve the use of substantial numbers of heavy motor vehicles as well as numerous smaller vehicles, all of which are anticipated to result in some 225 vehicle trips per work day generated by said firms; and WHEREAS, existing access ways to said sites are I inadequate and unsuitable for the type and quantity of vehicular traffic which will be occasioned by the opening of the said manufacturing plants of said companies for business operation; and ., - - 66 8-14-73 WHEREAS, Section 33.1-221 of the 1950 Code of Vir- ginia, as amended, provides legislative authority for the use of certain public funds by the State Highway Commission for con- structing or improving access roads to industrial sites on which manufacturing, processing or other establishments are or will be constructed. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that said Board, having duly considered the matter, respectfully urge and recommend to the Highway commissionl , of Virginia that consideration be given, that immediate studies be made, and that a project be approved and initiated pursuant to the provisions of Section 33.1-221 of the 1950 Code of Virginia, as amended, to provide the following needed industrial accesses: 1. On Sleepy Hollow Road running easterly from Granby Street to Seibel Drive, thence north 300 feet on Seibel Dirve to the entrance of CODI Associates, Inc.; 2. A 500 foot extension of Marilinda Drive west from the present end of the paved surface to the one acre site of the new plant of Lowe-Nelson Plumbing and Heat- ing Company; 3. A 600 foot extension of Nicholas Avenue east of its intersection with Seibel Drive to the two acre site of the new plant of Corrigated Container Corporation. BE IT FURTHER RESOLVED that the Clerk transmit certi- fied copies of this resolution together with any necessary appropriate supporting data to the State Highway Commissioner of Virginia through the local office of the Virginia Department of Highways. On motion of Supervisor Seibel and adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby Prior to Supervisor Seibel's motion to adopt the fore- going resolution, the County Attorney ruled that Mr. Seibel has no conflict of interest regarding said resolution, assuming he has no material or financial interest in any of the properties involved. I I I 8-14-73 67 At 4:10 p.m., on the motion of Supervisor Flora and the unanimous voice vote of the members, the Board took a brief recess. I At 4:20 p.m., the Supervisors returned to the civic Center and reconvened in open session. IN RE: FLOOD INSURANCE Mr. Louis F. Lombardi, State Coordinator for Flood Insurance and Flood Plain Studies, appeared before the Board and discussed the requirements necessary for Roanoke County to apply for inclusion in the National Flood Insurance Program. Mr. Stev Hogie, State Water Control Board, was also present at the meet- ing. Supervisor Seibel moved that the County Attorney be directed to prepare the necessary papers in regard to Roanoke County's inclusion in the National Flood Insurance Program. I The motion was adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby At this point, the Planning Commission returned to the Civic Center and made its recommendation on the 21 applica- tions to erect mobile homes on certain properties outside of mobile home parks. The Planning Commission stated that on all applications for which it recommends approval, the following conditions apply: I 1. All mobile homes shall be located on a tract of land containing at least one acre situate in either a Residential Estates District RE or Agricultural District A-I used or designated for use by a single mobile home. 2. The site on which the mobile home is placed shall meet with the standard requirements of the local Health Department as to water and/or sewage usage. 3. The site shall be properly landscaped with at least eight pieces of shrubbery not less than 18 inches in height and to include one shade tree not less than five feet in height. All land- scaping shall be properly maintained. 68 8-14-73 i I I 4. Within 60 days, the mobile home shall be completelyl skirted with a termite-resistant material in such I manner as to be attractive. Metal skirting must I be pre-painted. I 5. Site shall contain a storage facility adequate for lawn equipment, garden tools, auto parts, etc. 6. All fuel tanks shall be located at the rear of the mobile home and, if adjacent to another dwelling, a screen is to be provided around tanks so as not to look unsightly and of a material that is fire resistant; and no such fuel tanks shall be smaller than 270 gallons. I 8. No other building other than a storage facility, as set out in paragraph 5, for use as a residence or for any other use shall be permitted on the tract of land defined as a mobile home space.~ I. All mobile homes and modular homes shall come withi the provisions of this definition except those whic conform to the minimum standards prescribed in the Roanoke County Building Code for single-family dwellings. 7 . 9. These permits issued herein shall be valid for a period of two years. Upon the expiration of any permit herein issued, the owner shall apply for a new permit should he desire to continue the use of the land as a mobile home space. However, in seeking such new application, the applicant shall meet all of the herein-stated conditions and requirements provided that the above permit shall not be required when the mobile home space is situate in a mobile home court. I At this point, the Board of Supervisors took the following action on the 21 applications to park mobile homes in Roanoke County other than in a mobile home court: Supervisor Hilton moved that the Board concur with the recommendation of the Planning Commission and deny the applica- tion of Ralph Keen due to lack of information. The motion was adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby Supervisor Flora moved that the Board concur with the I recommendation of the Planning Commission and approve the application of Jerome David Henry upon the conditions set forth by the Planning Commission. I I I AYES: NAYS: ABSENT: "J" " .. 8-14-73 69 The motion was adopted by the following recorded vote: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson None Mr. Engleby Supervisor Hilton moved that the Board concur with the recommendation of the Planning Commission and approve the application of Danny L. Clark upon the conditions set forth by the Planning Commission. The motion was adopted by the following recorded vote: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson None AYES: NAYS: ABSENT: Mr. Engleby Supervisor Hilton moved that the Board concur with the recommendation of the Planning Commission and deny the applica- tion of William E. Lee due to plans to rent the mobile home. The motion was adopted by the following recorded vote: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson None AYES: NAYS: ABSENT: Mr. Engleby Supervisor Hilton moved that the Board concur with the recommendation of the Planning Commission and deny the applica- tion of Marshall Jackson because of insufficient land or the availability of public utilities. The motion was adopted by the following recorded vote: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson AYES: NAYS: ABSENT: None Mr. Engleby Supervisor Seibel moved that the Board concur with the recommendation of the Planning Commission and deny the applica- tion of Elsie Ponton Mitchell because a mobile home was not considered appropriate for that particular neighborhood. , - 70 8-14-73 NAYS: -- --..--.l-...-...-....----- The motion was adopted by the following recorded vote: \ I I I ~ , I recommendation of the Planning Commission and deny the applica- I tion of Floyd R. Byrd because of insufficient land and the loca- i I AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson None ABSENT: Mr. Engleby Supervisor Flora moved that the Board concur with the I tion being in a residential area. The motion was adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby Supervisor Hilton moved that the Board concur with the recommendation of the Planning Commission and deny the applica- The motion was adopted by the following recorded vote: I tion of Frank E. Furrow due to lack of information. AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby Supervisor Hilton moved that the Board concur with the recommendation of the Planning Commission and approve the application of Virginia E. Rodriguez upon the conditions set forth by the Planning Commission. The motion was adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None I ABSENT: Mr. Engleby I I I -------- 1 8-14-73 71 Supervisor Hilton moved that the Board concur with the recommendation of the Planning Commission and approve the application of Benjamin C. Daugherty subject to the conditions set forth by the Planning Commission and the additional conditio that one acre of land be deeded or leased to Mr. Daugherty. The motion was adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby Supervisor Hilton moved that the Board concur with the recommendation of the Planning Commission and deny the application of Charles C. Pratt due to lack of information. The motion was adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby Supervisor Flora moved that the Board concur with the recommendation of the Planning Commission and deny the application of Archie T. Stuart due to there being an additional home on the property. The motion was adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby Supervisor Hilton moved that the Board concur with the recommendation of the Planning Commission and deny the applica- tion of E. L. Moses due to insufficent need for a mobile home at said location. The motion was adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby -72 8-14-73 Supervisor Hilton moved that the Board concur with recommendation of the Planning Commission and deny the applica- tion of Horace M. Obenchain because of plans to use the property for rental purposes. The motion was adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby Supervisor Flora moved that the Board concur with the recommendation of the Planning Commission and deny the applica- tion of Annie Holland because of insufficient land. The motion was adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby Supervisor Seibel moved that the Board concur with the recommendation of the Planning Commission and deny the applica- tion of Whitmar W. Beveridge because of insufficient land, plans to rent the mobile home and the location being in a business zon . The motion was adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby Supervisor Hilton moved that the Board concur with the recommendation of the Planning Commission and approve cation of Fred W. Davis subject to the conditions set forth by the Planning Commission and the additional conditions that one acre of land be deeded or leased to Mr. Davis and that the mobil home be located the same place where the previous mobile home was located on the property. :he I-- I I, I I AYES: NAYS: ABSENT: I 8-14-73 73 The motion was adopted by the following recorded vote: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson None Mr. Engleby Supervisor Hilton moved that the Board concur with the recommendation of the Planning Commission and deny the applica- tion of Mrs. Geneva C. Maxey because of insufficient information The motion was adopted by the following recorded vote: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson None AYES: NAYS: ABSENT: Mr. Engleby Supervisor Hilton moved that the Board concur with the recommendation of the Planning Commission and approve the appli- cation of Barry J. Stafford subject to the conditions set forth by the Planning Commission and the additional condition that one acre of land be deeded or leased to Mr. Stafford. The motion was adopted by the following recorded vote: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson None I AYES: NAYS: ABSENT: Mr. Engleby Supervisor Seibel moved that the Board concur with the recommendation of the Planning Commission and deny the applica- tion of James L. Austin due to there being an additional house on the land and the objection of the adjoining property owners. The motion was adopted by the following recorded vote: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson I AYES: NAYS: ABSENT: None Mr. Engleby 74 8-14-73 I Supervisor Seibel moved that the Board concur with the 'I recommendation of the Planning Commission and approve the appli- I I I cation of Edward R. Rumbley, III subject to the conditions set forth by the Planning Commission. The motion was adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby IN RE: SUGGESTIONS FOR AMENDMENTS TO THE COUNTY'S SUBDIVISION ORDINANCE Mr. Milton D. Dowdy, a Roanoke County school teacher, appeared before the Board and presented suggestions for amend- ments to the County's Subdivision Ordinance. Supervisor Flora moved that the matter of suggested amendments to the County's Subdivision Ordinance be referred to the Planning Commission for study and recommendations and report back to the Board for its consideration. The motion was adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby IN RE: A RESOLUTION AUTHORIZING THE CONVEYANCE OF A CLOSED PORTION OF CHELSEA STREET WHEREAS, by Final Order dated July 14, 1971, the Board of Supervisors discontinued and closed a portion of Chelsea Street, upon the petition of certain adjacent landowners; and WHEREAS, said landowners have requested that the Board of Supervisors convey the title to the closed portion of Chelsea Street to them; and WHEREAS, the Board of Supervisors is of the op~n~on that the closed portion of Chelsea Street is no longer needed fo any of the purposes of the County and that the conveyance of sai portion of said closed street would be in the best interests of Roanoke County. I I I f("'~-- I I I , . 8-14-73 75 THEREFORE, BE IT RESOLVED by the Board of Supervisors that the said Board hereby authorizes the conveyance of that portion of Chelsea Street that was discontinued and closed by Order of the Board of Supervisors dated July 14, 1971, to the adjacent landowners. BE IT FURTHER RESOLVED that the Chairman and the Clerk are hereby authorized and directed to execute the appropriate deeds of conveyance, as the same are prepared and approved by the County Attorney. BE IT FINALLY RESOLVED that the Chairman and the Clerk be, and they are hereby authorized and directed to sign any necessary petitions that may be required to be submitted to the Circuit Court of Roanoke County. On motion of Supervisor Hilton and adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby IN RE: A RESOLUTION INDICATING ROANOKE COUNTY'S INTEREST IN COOPERATING AND ASSISTING IN THE DEVELOPMENT OF A REGIONAL EMERGENCY MEDICAL COMMUNICATIONS SYSTEM WHEREAS, the Roanoke Valley Regional Health Services Planning Council, Inc., in January, 1972, developed an Emergency Medical Services Plan for the Roanoke Valley; and WHEREAS, one of the recommendations of said plan was the development of a unified interconnecting emergency medical communications system; and WHEREAS, the Robert Wood Johnson Foundation, a nation- wide organization, is encouraging such communication systems and has made available funds for use in said systems; and WHEREAS, the Board of Supervisors deems that the establishment of such a communications system would be in the best interests of Roanoke County and of the Roanoke Valley and desires to express its support of said system. .... ~ - _.__.._...._:....1._....:~..~..,& .II..---Io...lo. .._~,.:~."'---'u w_ _............ ';"d 76 8-14-73 NOW, THEREFORE, BE IT RESOLVED by the Board of Super- visors of Roanoke County that said Board hereby indicates its interest in the establishment of a unified interconnecting emergency medical communications system for the Roanoke Valley and hereby offers its support, assistance and cooperation in the I development of said project. BE IT FURTHER RESOLVED that the Clerk transmit a cer- tified copy of this resolution to the Executive Director of the Roanoke Valley Regional Health Services Planning Council, Inc. On motion of Supervisor Hilton and adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby On the motion of Supervisor Flora and the unanimous voice vote of the Board, the annual summary of the Roanoke counti Virginia Tech Extension Office was this date received and filed. I I I At 6:05 p.m., Supervisor Flora moved that the Board take a recess. The motion carried on the unanimous voice vote of the Board. At 7:35 p.m., the Supervisors returned to the Civic Center, and on the motion of Supervisor Flora and the unanimous voice vote of the Board, reconvened in open session. IN RE: CURFEW LAW Supervisor Flora moved that the request from residents of Petty Acres and Hedgelawn Gardens in regard to the enactment of a curfew law for juveniles be referred to the County Attorney The motion was adopted by the following recorded vote: I for his investigation concerning appropriate legislation. AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby I I I ~ . 8-14-73 77 IN RE: PETITION OF STRAUSS CONSTRUCTION ) COMPANY, INC. FOR REZONING 9.299 ) ACRES, BEING THE WESTERLY ~ OF ) TRACT NO. 12, ALL OF TRACTS 13, ) 14 AND 15, AND AN ADJOINING 2.969) ACRES, AS SHOWN ON THE PLAT OF ) JAMISON INDUSTRIAL PARK ) o R D E R This day came Strauss Construction Co., Inc. and Branch & Associates, Inc., by counsel, and requested leave to file their petition relative to rezoning the property described therein, which request is granted, and said petition is hereby filed. NOW, THEREFORE, BE IT RESOLVED AND ORDERED that said proposal to amend the Roanoke County Zoning Ordinance be, and the same is hereby referred to the Planning Commission of Roanok County for a recommendation. BE IT FURTHER RESOLVED AND ORDERED that one certified copy of this Resolution and Order be forthiwth delivered by said Clerk to the Secretary of the Planning Commission. The above resolution and order was adopted on motion of Supervisor Hilton and the following recorded vote: AYES: Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSTAINING: Mr. Flora ABSENT: Mr. Engleby IN RE: PETITION OF RUSSELL L. SHORT FOR VACATION OF A PUBLIC UTILITY EASEMENT SHOWN ON THE MAP OF SECTION 1, STONE- BRIDGE ACRES o R D E R This day came Russell L. Short, by counsel, and requested leave to file his petition relative to vacating a 15 foot wide public utility easement, the centerline of which is the easterly boundary of Lot 1, Block 3, according to Map No. 1 of Stonebridge Acres, and extending between points 11 and 12, as shown on the Map of Section 1, Stonebridge Acres, recorded in the Clerk's Office of the Circuit Court for Roanoke County, in Plat Book 7, page 23, which request is granted, and said petitio is hereby filed. 78 8-14-73 -------T----- NOW, THEREFORE, BE IT RESOLVED AND ORDERED that said I proposal to vacate that portion of the above plat establishing ! the 15 foot public utility easement, be and the same is hereby referred to the Planning Commission of Roanoke County for a recommendation. BE IT FURTHER RESOLVED AND ORDERED that one certified copy of this resolution and order be forthwith delivered by said Clerk to the Secretary of the Planning Commission. The above resolution order was adopted on motion of Supervisor Hilton and the following recorded vote: AYES: Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSTAINING: Mr. Flora ABSENT: Mr. Engleby IN RE: PETITION OF TODWIN'S, INC. FOR REZONING OF LOT 1, SECTION 2, ACCORDING TO THE MAP OF MOUNT VERNON HEIGHTS o R D E R Came this day the Petitioner by its Counsel and asked leave to file its petition relative to the zoning of a parcel of. I land situate in Roanoke County and more particularly described I I in said petition. NOW, THEREFORE, BE IT RESOLVED AND ORDERED at its regular meeting of the Board of Supervisors of Roanoke County, that said petition be and the same is hereby filed. BE IT FURTHER RESOLVED AND ORDERED that the proposal to the Zoning Ordinance as requested in said petition be and the same is hereby referred to the Planning Commission of Roanoke County for its recommendation. The above resolution and order was adopted on motion of Supervisor Hilton and the following recorded vote: AYES: Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSTAINING: Mr. Flora ABSENT: Mr. Engleby - 1 I I I I I I ....." ..~ - '.'~'''-''~''''''''-'.-'--' -,",I' "" 8-14-73 79 IN RE: PETITION OF L.S.J. CORPORATION FOR VACATION OF PORTION OF THE PLAT OF ROCKYDALE HEIGHTS AND BEING A PORTION OF VIRGINIA AVENUE AND PINK STREET o R D E R Came this day the petitioner by their Counsel and asked leave to file their petition relative to the vacation of a portion of the Plat of Rockydale Heights and being a portion of Virginia Avenue and Pink Street as shown on said Plat of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 1, Page 181. NOW, THEREFORE, BE IT RESOLVED AND ORDERED at its regular meeting of the Board of Supervisors of Roanoke County that said petition be and the same is hereby filed. BE IT FURTHER RESOLVED AND ORDERED that the proposal to vacate a portion of the Plat of Rockydale Heights as requeste in said petition be and the same is hereby referred to the Plan- ning Commission of Roanoke County for its recommendation. The above resolution and order was adopted on motion of Supervisor Hilton and the following recorded vote: AYES: Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSTAINING: Mr. Flora ABSENT: Mr. Engleby IN RE: PETITION OF A. J. MINNIX FOR REZONING OF A 1.002 ACRE TRACT LYING EAST OF STATE ROUTE 601 (PLANTATION ROAD) o R D E R This day came A. J. Minnix, by counsel and requested leave of the Board to file his petition for the property therein described. NOW, THEREFORE, BE IT RESOLVED AND ORDERED, at its regular meeting of the Board of Supervisors of Roanoke County that said petition be, and the same hereby is, filed. BE IT FURTHER RESOLVED AND ORDERED that the proposal to amend the Zoning Ordinance of Roanoke County, as requested in said petition, be, and the same hereby is, referred to the Plan- ning Commission for its recommendation. . .. .. .".----..l---.------ \ I i 80 8-14-73 The foregoing resolution and order was adopted on motion of Supervisor Hilton and the following recorded vote: AYES: Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSTAINING: Mr. Flora ABSENT: Mr. Engleby IN RE: PETITION OF SHENANDOAH BAPTIST MINISTRIES ASSOCIATION, INC., SHENANDOAH BAPTIST CHURCH AND ROANOKE VALLEY CHRISTIAN SCHOOLS FOR REZONING A CERTAIN TRACT OF LAND LOCATED AT INTERSECTION OF WILLIAMSON AND DENT ROADS o R D E R Came this day the petitioners and asked leave to file their petition for the rezoning of a certain tract of land loca- ted in the County of Roanoke from Residential District R-l to Residential Estates District RE, was on motion of Supervisor Hilton and the following recorded vote, received and filed and referred to the Planning Commission for recommendation. AYES: Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSTAINING: Mr. Flora ABSENT: Mr. Engleby IN RE: PETITION OF BILLY H. BRANCH AND J. GRANGER MACFARLANE AT INTER- STATE 581, ROUTE NO. 117, AND VA. SECONDARY ROUTE 626 o R D E R This day came Billy H. Branch and J. Granger MacFarlan by Counsel, and asked leave to file a petition relative to the rezoning of the property therein described. NOW, THEREFORE, BE IT RESOLVED AND ORDERED that at the regular meeting of the Board of Supervisors of Roanoke County, the said petition be and the same is hereby filed. AND BE IT FURTHER RESOLVED AND ORDERED that the pro- posal to amend the Zoning Ordinance as requested in said peti- tion be and the same is hereby referred to the Planning Com- mission for recommendation. I I I 8-14-73 '81 The above resolution and order was adopted on motion of Supervisor Hilton and the following recorded vote: AYES: Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None I ABSTAINING: Mr. Flora ABSENT: Mr. Engleby IN RE: PETITION OF FLORADALE, INC. FOR REZONING PROPERTY ON THE EAST SIDE OF PLANTATION ROAD o R D E R This day came Floradale, Inc. by Counsel, and asked leave to file a petition relative to the rezoning of the prop- erty therein described. NOW, THEREFORE, BE IT RESOLVED AND ORDERED that at the regular meeting of the Board of Supervisors of Roanoke County, the said petition be and the same is hereby filed. AND BE IT FURTHER RESOLVED AND ORDERED that the pro- I posal to amend the Zoning Ordinance as requested in said petition be and the same is hereby referred to the Planning Commission for recommendation. The above resolution and order was adopted on motion of Supervisor Hilton and the following recorded vote: AYES: Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSTAINING: Mr. Flora ABSENT: Mr. Engleby IN RE: PETITION OF INTERNATIONAL FUNERAL SERVICES, INC. FOR REZONING OF PROPERTY ON THE WEST SIDE OF ROUTE 419 o R D E R This day came International Funeral Services, Inc., I by Counsel, and asked leave to file a petition relative to the rezoning of the property therein described. NOW, THEREFORE, BE IT RESOLVED AND ORDERED that at the regular meeting of the Board of Supervisors of Roanoke County, the said petition be and the same is hereby filed. 82 8-14-73 AND BE IT FURTHER RESOLVED AND ORDERED that the pro- posal to amend the Zoning Ordinance as requested in said peti- tion be and the same is hereby referred to the Planning Com- mission for a recommendation. The above resolution and order was adopted on motion of Supervisor Hilton and the following recorded vote: AYES: Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSTAINING: Mr. Flora ABSENT: Mr. Engleby IN RE: PETITION OF R. KENT AND CAROLYN C. WRIGHT FOR REZONING OF A .45 ACRE TRACT ON HERSHBERGER ROAD o R D E R Came this day the petitioners by their Counsel and asked leave to file their petition relative to the zoning of a parcel of land located in Roanoke County and more specifically described in said petition. NOW, THEREFORE, BE IT RESOLVED AND ORDERED at its regular meeting of the Board of Supervisors of Roanoke County, that siad petition be and the same is hereby filed. BE IT FURTHER RESOLVED AND ORDERED that the proposal to amend the Zoning Ordinance as requested in the said petition be and the same is hereby referred to the Planning Commission for recommendation. The above resolutions and orders were adopted on motion of Supervisor Hilton and the following recorded vote: AYES: Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSTAINING: Mr. Flora ABSENT: Mr. Engleby '-."T------.- I I I , ! I I I " . I I I .~.. 8-14-73 83 IN RE: PETITION OF ANDREWS-PITZER-BUTLER ) FUEL OIL CORPORATION FOR REZONING ) OF A CERTAIN TRACT OF LAND CONTAIN-) 0 R D E R ING 1.081 ACRES LOCATED IN THE CAVE) SPRING MAGISTERIAL DISTRICT ) This day came Andrews-Pitzer-Butler Fuel Oil Corpor- ation, by counsel, and asked leave to file its petition relative to the rezoning therein described. NOW, THEREFORE, BE IT RESOLVED AND ORDERED that at a regular meeting of the Board of Supervisors of Roanoke County, the said petition be, and the same hereby is, filed. AND BE IT FURTHER RESOLVED AND ORDERED that the pro- posal to amend the Zoning Ordinance and map as requested in said petition, be, and the same hereby is, referred to the Planning Commission for a recommendation. The foregoing resolution was adopted on motion of Supervisor Hilton and the following recorded vote: AYES: Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSTAINING: Mr. Flora ABSENT: Mr. Engleby IN RE: PETITION OF F. W. MERRYMAN FOR ) REZONING PROPERTY AT THE SOUTHEAST ) CORNER OF U.S. HIGHWAY 460 AND MECCA) 0 R D E R STREET, CONTAINING APPROXIMATELY 2.56) ACRES ) A resolution filing and referring to the Planning Commission of Roanoke County a petition of F. W. Merryman to rezone 2.56 acres of land from Business District B-2 to Industrial District M-2. WHEREAS, F. W. Merryman has this day presented to the Board of Supervisors of Roanoke County, at its regular meeting a petition to amend the Zoning Ordinance to reclassify on the Zoning Map said 2.56 acres of land. WHEREAS, it appearing to the Board of Supervisors that said petition should be filed and referred to the Planning Com- mission and a public hearing be subsequently held as required by law. . ---'---,- - I , visors of Roanoke County that the petition of F. W. Merryman be I filed; that said petition to amend the Zoning Ordinance of Roanokt County be, and the same hereby is, referred to the Planning Com- I I 84 8-14-73 NOW, THEREFORE, BE IT RESOLVED by the Board of Super- mission for a recommendation. The above resolution was adopted on motion of Super- visor Hilton and the following recorded vote: AYES: Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSTAINING: Mr. Flora ABSENT: Mr. Engleby IN RE: WORKMAN'S COMPENSATION INSURANCE Supervisor Flora moved that the Chairman and the Clerk be authorized to execute the contract with Iowa National Mutual Insurance Company for Roanoke County's workman's compensation insurance. The motion was adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby IN RE: A RESOLUTION CONCURRING IN THE EXECUTION OF AN AGREEMENT FOR THE SERVICING AND MAINTENANCE OF THE COUNTY'S VOTING MACHINES WHEREAS, Roanoke County has heretofore purchased voting machines for use by the County at all elections held in the County; and WHEREAS, the said machines require periodic servicing and maintenance; and WHEREAS, Virginia Election Services, Inc. has offered to provide said services to Roanoke County for certain consider- ation; and WHEREAS, funds sufficient for the payment of said charges are included in the present budget. . _--->._u _L I I I . . 'iII.. -..... - ~ - .- ~. , .. "..., , ......r'.. l_ '" ....".-..,.. 8-14-73 85" I THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that said Board hereby concurs in the execu- tion of an agreement by the Roanoke County Electoral Board with Virginia Election Services, Inc., by which said firm agrees to service and maintain, for certain rates and charges set out in said agreement, Roanoke County's voting machines. BE IT FURTHER RESOLVED that the Clerk transmit a certified copy of this resolution to the Chairman of the Roanoke County Electoral Board. On motion of Supervisor Hilton and adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby I IN RE: REFUSE EQUIPMENT Supervisor Hilton moved that the County accept the low bid from Truxmore Industries, Inc. for four 23-cubic yard side loader refuse packers mounted on Ford F700 chassis in the amount of $48,000. The motion was adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Dodson NAYS: None ABSTAINING: Mr. Seibel ABSENT: Mr. Engleby IN RE: DOG POUND FENCE I Supervisor Seibel moved that the sum of $1,900.00 be appropriated to secure a dog pound fence to be placed around the County Dog Pound. The motion was adopted by the following recorded vote: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson AYES: NAYS: ABSENT: None Mr. Engleby 86 8-14-73 IN RE: LOCATION OF BOARD MEETINGS Supervisor Flora moved that the matter of possibly holding the regularly scheduled Board meetings at the Salem- Roanoke Valley Civic Center be continued to the September 11 meeting of the Board. The motion was adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby IN RE: A RESOLUTION AUTHORIZING AND DIRECTING THE GRANTING OF CERTAIN EASEMENTS TO THE ROANOKE COUNTY PUBLIC SERVICE AUTHORITY WHEREAS, the Roanoke County Public Service Authority constructed, approximately ten years ago, a sewer line over property that was at that time privately owned but now is owned by Roanoke County as a part of the Garst Mill Park; and WHEREAS, said Authority constructed within the last two years a sewer line over another portion of the property now I I owned by Roanoke County and known as the Garst Mill Park; and I I WHEREAS, said Authority desires to be granted easement1 I by the Board for said sewer lines and has requested the Board of Supervisors to grant said easements; and WHEREAS, the Board of Supervisors deems it advisable County Public servict ! l to grant said easements to the said Roanoke Authority. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that said Board hereby approves granting of easements for the above-mentioned sewer lines to the Roanoke County Public Service Authority and authorizes and directs the Chairman and the Clerk to execute the proper deed of easement to the Roanoke County Public Service Authority; the location of sai easements to be more fully described in the appropriate deed of easement. I I I I I I . . 8-14-73 87 The foregoing resolution was adopted on motion of Supervisor Seibel and the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby IN RE: NOTICE OF INTENTION TO AMEND CERTAIN SECTIONS OF CHAPTER 10, MOTOR VEHICLES AND TRAFFIC, ARTICLE III, DRIVING WHILE UNDER INFLUENCE OF ALCOHOL, DRUGS AND OTHER TOXICANTS BE IT RESOLVED that a Public Hearing be held on the 11th day of September, 1973, at 1:00 p.m., at a regular meeting of the Board of Supervisors, at which time it will be moved that the Roanoke County Code be amended as follows: Chapter 10, Motor Vehicles and Traffic, Article III, Driving while under the influence of alcohol, drugs and other intoxicants. Section 10-26, Presumptions from alcoholic content of blood. This amendment to take effect on September 11, 1973. The Clerk of this Board is directed to publish the proposed amendment and Notice of Hearing thereon as required by law, pursuant to Section 15.1-504 of the Code of Virginia, 1950, as amended, once a week for two consecutive weeks in the Roanoke- World News, a newspaper having a general circulation in Roanoke County. A copy of the proposed amendment is on file at the Clerk's Office of the Circuit Court of Roanoke County and in the office of the County Administrator at 306A East Main Street, Salem, Virginia. On motion of Supervisor Seibel and adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby The proposed Notice of Intention is filed with the minutes of this meeting. . 88 8-14-73 IN RE: NOTICE OF INTENTION TO AMEND THE ROANOKE COUNTY CODE BY THE ADOPTION OF SECTION 5-2 OF CHAPTER 5, ANIMALS AND FOWL. BE IT RESOLVED by the Board of Supervisors of Roanoke County that a public hearing be held on September 25, 1973, at 1:00 p.m. at a regular meeting of the Board of Supervisors, at which time it will be moved that the Roanoke County Code be amended as follows: Section 5-2. Boundary lines declared lawful fences; animals running at large beyond boundaries of own land. This amendment to take effect on September 25, 1973. The Clerk of this Board is directed to publish the proposed amendment and notice of hearing thereon as required by law, pursuant to Section 15.1-504 of the 1950 Code of Virginia, as amended, once a week for four consecutive weeks in the Roanoke World News, a newspaper having a general circulation in Roanoke County. Said proposed amendment and notice of hearing shall also be published and posted thirty days prior to the date of said hearing at the front door of the Courthouse and at each voting place in the County. A copy of the proposed amendment is also on file in the Clerk's Office of the Circuit Court and the County Admini- strator's Office at 306A East Main Street, Salem, Virginia. On motion of Supervisor Hilton and adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby The proposed Notice of Intention is filed with the minutes of this meeting. j" i ! i I I I ! 1 I I I I -., 1 .. . ,... . ~ . 8-14-73 89 IN RE: PHYSICAL EXAMINATIONS FOR ROANOKE COUNTY FIREMEN Supervisor Flora moved that the County Administrator be authorized to work out the necessary arrangements to acquire I the services of a physician for physical examinations for Roanok County firemen. The motion was adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby IN RE: COUNTY PAYROLLS On the motion of Supervisor Flora and the following recorded vote, the County Payrolls (Semi-monthly 7/13/73), (Bi-weekly 7/18/73), (Semi-monthly 7/30/73), (Bi-weekly 8/1/73) and (Semi-monthly 8/15/73) were approved for payment in the gros amount of $202,902.48 from which the sum of $11,643.99 F.I.C.A., I $23,421.25 F.I.T., $4,130.28 State Tax, $296.00 ACC, $3,918.81 Blue Cross, $6,377.05, Ret., $1,861.21 Misc., $61.36 U.F., are deducted leaving a net payroll of $151,192.53. AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby IN RE: ACCOUNTS FOR PAYMENT Supervisor Flora moved that the accounts be paid as presented. Supervisor Hilton offered a substitute motion that the accounts be paid with the exception of the $100.00 allocated to Sheriff Foster for clothing allowance, leaving a total of I $114,846.51 for the current bills and a total of $73,740.47 for the bills paid since last Board meeting. There was a tie vote on the substitute motion by the following recorded vote: AYES: Mr. Hilton, Mr. Seibel NAYS: Mr. Flora, Mr. Dodson ABSENT: Mr. Engleby 90 8-14-73 ! i I I vote: I , There was a recall for the vote on the substitute motion, and it passed unanimously by the following recorded AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby IN RE: LIVESTOCK CLAIM - ALBIN HAMMOND On the motion of Supervisor Flora and the following recorded vote, the livestock claim of Mr. Albin Hammond in the amount of $294.00 for the loss of 7 sheep killed by dogs was approved for payment. AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby IN RE: A RESOLUTION AUTHORIZING THE CHAIRMAN AND THE CLERK TO EXECUTE A FISCAL AGENT AGREEMENT WITH UNITED VIRGINIA BANK WHEREAS, Section 15.1-191 of the Code of Virginia contemplates the appointment of fiscal agents in connection with the payment of bonds and bond coupons on bonds issued by counties; I ! and I I WHEREAS, under the provisions of Section 15.1-191 of the Code of Virginia, an agreement has been proposed to be entered into between United Virginia Bank and the Board of Super- visors of Roanoke County providing for the destruction of bonds and bond coupons in accordance with the provisions of Section 15.1-191 of the Code of Virginia; and WHEREAS, it appears that such an agreement would be desirable and would serve the best interest of the County of Roanoke, Virginia. THEREFORE, BE IT RESOLVED that in accordance with the provisions of Section 15.1-191 of the Code of Virginia, the Chairman and the Clerk be, and they are hereby authorized and directed to execute a fiscal agent agreement with United Vir- ginia Bank, Richmond, Virginia, providing for the destruction by I I I 8-14-73 91 such bank, after payment, of bonds and bond coupons presented for payment under the bond issues listed and described in Schedule "A" of said agreement, and such other subsequent bond issues of the County of Roanoke, Virginia, under which United I Virginia Bank is appointed and designated as Fiscal Agent, such agreement to provide also for reasonable compensation of United Virginia Bank for services rendered as Fiscal Agent; and BE IT FURTHER RESOLVED that the County of Roanoke, Virginia, appoint, and it hereby does appoint United Virginia Bank, Richmond, Virginia, as its fiscal agent for the payment of bonds and bond coupons under the bond issues listed as Schedule "A" in said agreement; and BE IT FURTHER RESOLVED that any resolution of the County of Roanoke, Virginia, and any agreement to which the County of Roanoke, Virginia, is a party which is in conflict with the provisions of this resolution is hereby rendered null I and void and is cancelled and superceded by this resolution. On motion of Supervisor Hilton and adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby On the motion of Supervisor Flora and the unanimous voice vote of the Board, the financial statement for the month of July, 1973 was this date received and filed. IN RE: AMENDMENT TO GENERAL APPROPRIATION ORDINANCE On motion of Supervisor Flora, the General Appropri- I ation Ordinance of Roanoke County, Virginia, adopted June 27, 1973, be, and the same is hereby amended as follows to become effective August 14, 1973. 3199-600 - CAPITAL OUTLAY (Purchase of Land): An additional appropriation of $6,020.00 is hereby made from the General Revenue Fund for the period ending June 30, 1974, for the function or purpose hereinabove indicated. 92 8-14-73 AYES: NAYS: ABSENT: IN RE: Adopted by the following recorded vote: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson None Mr. Engleby CROWN ROAD AND EMPIRE LANE - REQUEST TO BECOME PART OF SECONDARY SYSTEM OF STATE HIGHWAYS Supervisor Flora moved that the matter of Crown Road --T' -- I I I I I I ! i I I and Empire Lane becomming a part of the Secondary System of Stat Highways be continued indefinitely due to the roads not providin sufficient service. AYES: NAYS: ABSENT: The motion was adopted by the following recorded vote: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson None Mr. Engleby On the motion of Supervisor Flora and the unanimous voice vote of the Board, the following items were this date received and filed: IN RE: 1. Treasurer's Report. 2. Statement of travel expenses from the Sheriff's Office incurred for the month of June, 1973. 3. Monthly Jail Report. REQUEST OF WATER AND SEWER STUDY COMMITTEE Supervisor Hilton moved that the request of the Water and Sewer Study Committee for an extension of the deadline be granted. The new deadline for the committee's recommendations will be January 15, 1974. The motion was seconded by Supervisor Seibel and adopted by the following recorded vote: AYES: NAYS: ABSENT: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson None Mr. Engleby I I I I I I 8-14-73 93 IN RE: HEADQUARTERS LIBRARY Supervisor Flora moved that the statement from Q. M. Tomlinson, Inc. in the amount of $10,272.66 for repairs to the Roanoke County Library Headquarters not be paid. The motion was adopted by the following recorded vote: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson AYES: NAYS: ABSENT: None Mr. Engleby IN RE: A RESOLUTION RELATING TO ROY L. HASH WHEREAS, Roy L. Hash, a former member of the Roanoke County Planning Commission and a member of the Board of Zoning Appeals passed away on Monday, August 6, 1973; and WHEREAS, Mr. Hash, who was appointed to the Roanoke County Planning Commission on January 2, 1968, and who, by the Order of the Circuit Court of Roanoke County, was appointed to the Board of Zoning Appeals of Roanoke County on March 19, 1971; and , WHEREAS, Mr. Hash, while serving on said Commission and said Board devoted large quantities of time and effort and gave very meritorious service to the County; and WHEREAS, the Board of Supervisors deems it appropriate to recognize the service to the County rendered by Roy L. Hash. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that said Board does hereby express its sin- cere appreciation for the devoted service rendered by Roy L. Has in serving on the Roanoke County Planning Commission and the Board of Zoning Appeals of Roanoke County and does express its regret for his untimely passing. On motion of Supervisor Hilton and adopted by the following recorded vote: AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson NAYS: None ABSENT: Mr. Engleby . ~ .' 94 8-14-73 IN RE: A RESOLUTION DIRECTING THE COUNTY ADMINISTRATOR TO POLL THE CITIZENS OF ROANOKE COUNTY TO DETERMINE IF SAID CITIZENS APPROVE OF THE ADOPTION OF THE COUNTY ADMINISTRATOR FORM OF GOVERNMENT Supervisor Hilton moved that the Board adopt a resolution directing the County Administrator to poll the citi- zens of Roanoke County to determine if said citizens approve of the adoption of the County Administrator form of government. The matter was continued to the September 11, 1973 meeting of the Board by the following recorded tie vote: AYES: Mr. Hilton, Mr. Seibel NAYS: Mr. Flora, Mr. Dodson ABSENT: Mr. Engleby At 9:50, Supervisor Flora moved that the Board go into Executive Session to discuss matters involving real estate. The motion carried on the unanimous voice vote of the Board. j At 10:25, the Supervisors returned to the Civic Center and on the motion of Supervisor Hilton, seconded by Supervisor Seibel, and the unanimous voice vote of the members, the meeting I was adjourned. () ,,-- ~~~ CHAIRMAN I I I