9/25/1973 - Regular
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9-25-73
127
Roanoke County Courthouse
Salem, Virginia
September 25, 1973
7:00 P.M.
The Board of Supervisors of Roanoke County met this
day at the Courthouse in Salem, Virginia, in the County Courtroor
being the fourth Tuesday, and the second 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
7:00 p.m., recognized The Reverend Fleet Powell, Colonial
Presbyterian Church, 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 members present, the minutes of the Special
Meeting of September 4, 1973 were approved as spread.
* Petition of Fralin and Waldron, Inc. (Final Order) see page 149.
IN RE:
PETITION OF RAEFORD E. MCKINNEY
FOR REZONING 1.48 ACRES ON WEST
SIDE OF ROUTE 675 (INDIAN GRAVE
ROAD) OFF ROUTE 220
FINAL ORDER
WHEREAS, Raeford E. McKinney, petitioned this Board
and requested that the Zoning Ordinance of Roanoke County (1970)
be amended so as to provide that certain property described in
said petition be rezoned and reclassified from Residential RE to
Residential R-2 property, which petition was filed at a regular
meeting of this Board on March 13, 1973, and by order entered
on that day was referred to the Planning Commission for
recommendation; and
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9-25-73
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WHEREAS, said Planning Commission by a resolution I
adopted at a special meeting held on the 1st day of May, 1973, I
after hearing evidence touching on the merits of said petition,
recommended to this Board that said Zoning Ordinance (1970) be
amended so as to change the classification of the property
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WHEREAS, the Board of Supervisors of Roanoke County di4
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same down for a public hearing and give notice thereof in publi- I
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described in the petition to Residential R-2 property; and
by its order entered on the 13th day of March, 1973, as afore-
said, order that the Clerk of this Board, upon receipt of said
recommendation from the Planning Commission, forthwith set the
cation; and
WHEREAS, the Clerk of this Board did set the regular
meeting of this Board to be held on September 25, 1973, at
7:00 p.m., as the date and time for a public hearing on the
aforesaid proposed amendment to said Zoning Ordinance and adver-
tised the same by a notice duly published in the Roanoke World
News, which paper has a general circulation in the County of
Roanoke, Virginia; and
WHEREAS, said public hearing was this date had on the
said proposed amendment to the County Zoning Ordinance (1970) by
this Board; and
WHEREAS, this Board, after giving careful consideratior
to said petition and to said recommendation of the Planning
Commission, and after hearing evidence touching on the merits of
said proposed amendment to the County Zoning Ordinance (1970),
being of the opinion that said Zoning Ordinance should be amendec
as requested in said petition.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that at
this meeting of the Board of Supervisors held on the 25th day of
September, 1973, the said County Zoning Ordinance (1970) be, and
the same is hereby, amended so as to classify the property des-
cribed in said petition as Residential R-2 in order that said
property and the buildings that may hereafter be erected thereon
may be used for Residential R-2 purposes as defined by said
County Zoning Ordinance (1970).
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9-25-73 1_?9
IT IS 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 and two copies
to Kielkopf & Taylor, Attorneys for the petitioner.
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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. John M. Taylor, Attorney, appeared on behalf of
the petitioner. There was no opposition.
IN RE:
PETITION OF VESTER R. AND EMILY
RIERSON JONES FOR REZONING 3.48
ACRES ON SOUTH SIDE OF ROUTE 221
NEXT TO BACK CREEK SCHOOL
A Public Hearing was had this date on the petition of
Vester R. and Emily Rierson Jones for rezoning 3.48 acres of
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land on the south side of Route 221 next to Back Creek School
from RE to R-3.
Supervisor Hilton moved that the petition of Vester
R. and Emily Rierson Jones for rezoning 3.48 acres of land on
the south side of Route 221 next to Back Creek School from RE
to R-3 be granted.
The matter was continued to the October 9, 1973
meeting of the Board because of the following recorded tie vote:
AYES:
Mr. Hilton, Mr. Seibel
NAYS:
Mr. Flora, Mr. Dodson
ABSENT:
Mr. Engleby
Mr. Holman Willis, Jr., Attorney, appeared on behalf
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of the petitioners. Those speaking in opposition were:
Mr. Jennings T. Bird, Attorney representing residents from that
area. Mr. Bird stated that there was opposition to the proposal
because it is in the flood plain and concern was expressed abou
the sewage disposal.
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At this point, the Board took a brief recess.
At 8:20 p.m., the Supervisors returned to the
and on the motion of Supervisor Seibel and the unanimous voice
vote of the members, reconvened in open session.
IN RE:
PETITION OF CLINTON G. AND EDNA M.
JONES FOR REZONING OF LOT 7 OF THE
H & W ELECTRIC CORPORATION SUB-
DIVISION ALONG ROUTE 311
DEN I A L
Supervisor Hilton moved that the Board concur with the
recommendation of the Planning Commission and deny the petition
of Clinton G. and Edna M. Jones for rezoning of Lot 7 of the
H & W Electric Corporation Subdivision along Route 311 from RE
to M-l.
The motion was adopted by the following recorded vote:
AYES:
Mr. Flora, Mr. Hilton, Mr. Seibel
NAYS:
None
ABSTAINING: Mr. Dodson
ABSENT:
Mr. Engleby
Mr. Holman Willis, Jr., Attorney, appeared on behalf
of the petitioners. Mr. Jones was also present at the meeting.
There was no opposition.
IN RE:
AIR POLLUTION CONTROL ORDINANCE
Supervisor Flora moved that the Public Hearing on
adoption of amendments to the Roanoke County Code, Chapter 3,
Air Pollution, be continued to the October 9, 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
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9-25-73
131
IN RE:
ADOPTION OF AMENDMENTS TO THE
ROANOKE COUNTY CODE BY THE ADDITION
OF SECTION 5-2 OF CHAPTER 5,
ANIMALS AND FOWL
WHEREAS, the Board of Supervisors deems certain amend-
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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
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
amended as follows:
Section 5-2. Boundary lines declared lawful
fences; animals running at large beyond
boundaries of own land.
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The boundary lines of each lot or tract of
land in the county are hereby constituted a
lawful fence. It shall be unlawful for the
owner or manager of any horse, mule, swine,
sheep, goat or cattle of any description to
permit any such animals to run at large beyond
the boundaries of their own lands.
This amendment to take effect on September 25, 1973.
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
On the motion of Supervisor Flora and the unanimous
voice vote of the Board, the Committee Report submitted by the
Regional Solid Wastes Committee regarding the regional landfill
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site was this date received and filed.
On the motion of Supervisor Seibel and the unanimous
voice vote of the Board, the communication from Mayor Roy L.
Webber regarding the regional landfill was this date received
and filed.
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9-25-73
IN RE:
REGIONAL LANDFILL - REQUEST FROM
MAYFLOWER HILLS CIVIC CLUB
Mr. Charles H. Osterhoudt, Attorney, appeared before I
the Board and requested that the citizens of the Mayflower Hillsl
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and Dundee Area be notified of any Board meetings, special or
regular, regarding the subject of a regional landfill.
Supervisor Seibel moved that the request of the
citizens of Mayflower Hills and the Dundee Area to be notified
of any Board meetings regarding the subject of a regional land-
fill be granted and that Mr. Osterhoudt, Attorney representing
said citizens, be contacted by Mr. Clark.
The motion was 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 Hilton and the unanimous
voice vote of the Board, the communication from Mr. Joel Krisch,
President of American Motor Inns, Inc., regarding adoption of
new fire ordinances was this date received and filed.
On the motion of Supervisor Seibel and the unanimous
voice vote of the Board, the communication from the Virginia
Department of Highways approving the addition of Woodbrook Drive
Brookwood Subdivision, to the Secondary System of Roanoke County
was this date received and filed.
IN RE:
WORLD WAR I CANNON
Supervisor Hilton moved that the County accept the
following conditions set forth by the American Legion Post No.
19 regarding the World War I Cannon:
1. That the County Board of Supervisors formally
acknowledge Post 19's ownership of the cannon.
2. The Supervisors agree, in the event the County
Courthouse is moved from its present location,
to leave the cannon at its present site or con-
tact the Commander of Post 19 for disposition
of the cannon.
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9-25-73
133
3. The Supervisors agree to maintain the cannon
during its placement on the Courthouse lawn.
The motion was adopted by the following recorded vote:
AYES: Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson
I NAYS: None
ABSENT: Mr. Engleby
On the motion of Supervisor Flora and the unanimous
voice vote of the Board, the Audit Report of the Juvenile and
Domestic Relations Court and Roanoke County Court for the fisca
year ended June 30, 1973, was this date received and filed.
On the motion of Supervisor Flora and the unanimous
voice vote of the Board, the following petitions were this date
received, filed and referred to the Planning Commission for a
recommendation:
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1. petition of Elbert H. Waldron, Robert W. Putnam
and Marilyn M. Putnam and the Estate of G. G.
Fralin, for rezoning 1.231 acres located at the
intersection of U. S. Highway No. 11 and Blue
Ridge Industrial Park Access Road, Secondary
Highway No. 709 from M-l to B-2.
2. Petition of Richard L. and Martha B. Williams,
Virginia Wood Hase and L. C. Leffler for
rezoning of three tracts on Virginia Secondary
Route 687 from R-l to B-1.
IN RE:
AMENDMENT TO GENERAL APPROPRIATION ORDINANCE
On motion of Supervisor Seibel, the General Appro-
priation Ordinance of Roanoke County, Virginia, adopted June 27,
1973, be, and the same is hereby, amended as follows to become
effective September 25, 1973:
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3199 - CAPITAL OUTLAY: An additional appropriation
of $500.00 is hereby made from the General
Operating Fund for the period ending June 30,
1974, for the function or purpose hereinabove
indicated. (One-half purchase price of two-
way radio for Mount Pleasant Rescue Squad
ambulance)
Adopted by the following recorded vote:
AYES:
Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson
NAYS:
None
ABSENT:
Mr. Engleby
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1~34
9-25-73
IN RE:
SECONDARY ROAD SYSTEMS
Supervisor Flora moved that the County Administrator
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be authorized to prepare the appropriate resolution regarding
Secondary Road Systems and present same to the Board at its
regular meeting.
The motion was adopted by the following recorded
AYES:
Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson
NAYS:
None
ABSENT:
Mr. Engleby
IN RE:
A RESOLUTION AUTHORIZING THE
PURCHASE OF CERTAIN NEW AUTOMOBILES
FOR ROANOKE COUNTY
WHEREAS, on September 17, 1973, four bids were
and opened in the office of the Superintendent of Public Works
for four new automobiles to be used by Inspectors in the County'
Building Department; and
WHEREAS, the bid of vinton Motor Company in the
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of $2,863 per vehicle, a total of $11,452, was the lowest
best bid received fully meeting all of the specifications for
said vehicles; and
WHEREAS, the Board of Supervisors is desirous of
accepting said bid of Vinton Motor Company.
NOW, THEREFORE, BE IT RESOLVED by the Board of Super-
visors of Roanoke County that the bid of vinton Motor Company
in the amount of $11,452 for four Ford Mavericks be, and the
same is hereby accepted.
BE IT FURTHER RESOLVED that the Chairman and the Clerk
be, and they are hereby authorized and directed to enter into
the requisite contract with vinton Motor Company for the afore-
On motion of Supervisor Seibel and adopted by the
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said vehicles.
following recorded vote:
AYES:
Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson
NAYS:
None
ABSENT:
Mr. Engleby
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9-25-73
135
IN RE:
A RESOLUTION DESIGNATING CERTAIN
DAYS AS OFFICIAL COUNTY HOLIDAYS
WHEREAS, Section 2.1-21 of the Code of Virginia
designates certain days as legal holidays for the transaction of
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business; and
WHEREAS, the Board of Supervisors is desirous of
designating all such days as legal holidays for the transaction
of business by all County departments, except those which becausE
of the nature of their work cannot be closed.
NOW, THEREFORE, BE IT RESOLVED by the Board of Super-
visors of Roanoke County that in each year the first day of
January (New Year's Day), the third Monday in January (Lee-
Jackson Day), the third Monday in February (George Washington
Day), the last Monday in May (Memorial Day), the fourth day of
July (Independence Day), the first Monday in September (Labor
Day), the second Monday in October (Columbus Day), the eleventh
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day of November (Veterans Day), the Tuesday next following the
first Monday in November (Election Day), the fourth Thursday in
November (Thanksgiving Day), the twenty-fifth day of December
(Christmas Day), or, whenever any of such days shall fall on
Saturday, the Friday next preceding such day, or whenever any
of such days shall fall on Sunday, the Monday next following suct
day shall be a legal holiday as to the transaction of all
business.
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
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9-25-73
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IN RE:
NOTICE OF INTENTION TO AMEND THE
ROANOKE COUNTY CODE, CHAPTER 10,
MOTOR VEHICLES AND TRAFFIC, SECTION
10-10 AND SECTION 10-13
BE IT RESOLVED by the Board of Supervisors of Roanoke
County that a public hearing be held on October 23, 1973, at
7:00 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,
Section 10-10. Courthouse parking
regulations.
Section 10-13. Conditions precedent to
issuance of warrant for violation of
parking regulations.
This amendment to take effect on October 23, 1973.
The Clerk of the 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 two consecutive weeks, in the
Roanoke World News, a newspaper having a general circulation in
Roanoke County.
Said proposed amendment and notice of hearing thereon
shall be published and posted at the front door of the Roanoke
County Courthouse.
A copy of the porposed amendment is on file in the
Clerk's Office of the Circuit Court for the County of Roanoke
and at the County Administrator's Office at 306A Main Street,
Salem, Virginia.
On motion of Supervisor Flora and adopted by the
following recorded vote:
AYES:
Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson
NAYS:
None
ABSENT:
Mr. Engleby
A copy of the proposed Ordinance is filed with the
minutes of this meeting.
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IN RE:
NOTICE OF INTENTION TO AMEND THE
ROANOKE COUNTY CODE BY THE ADDITION
OF A NEW SECTION 5-13.1, LIVESTOCK
CLAIMS; INVESTIGATION BY THE ANIMAL
CONTROL OFFICER
BE IT RESOLVED by the Board of Supervisors of Roanoke
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County that a public hearing be held on October 23, 1973, at
7:00 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 5-13.1, Livestock Claims;
Investigation by Animal Control Officer.
This amendment to take effect on October 23, 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 two consecutive weeks, in
the Roanoke World News, a newspaper having a general circulation
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in Roanoke County.
Said proposed amendment and notice of hearing shall
also be published and posted at the front door of the Roanoke
County Courthouse.
A copy of the proposed amendment is on file in the
Clerk's Office of the Circuit Court for the County of Roanoke
and the County Administrator's Office at 306A Main Street, Salem
Virginia.
On motion of Supervisor Flora and adopted by the
following recorded vote:
AYES:
Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson
NAYS:
None
ABSENT:
Mr. Engleby
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A copy of the proposed Ordinance is filed with the
minutes of this meeting.
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(Bi-weekly 9/12/73) and (Hourly 9/17/73) were approved for pay- I
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$185.00 ACC, $2,243.15 Blue Cross, $3,511.34 Ret., $710.37 MiSC.j
$28.08 U.F., are deducted leaving a net payroll of $53,105.55.
IN RE:
COUNTY PAYROLLS
On the motion of Supervisor Flora and the following
recorded vote, the County Payrolls (Semi-monthly 9/14/73),
ment in the gross amount of $74,761.78 from which the sum of
$4,238.32 F.I.C.A., $9,082.60 F.I.T., $1,657.34 State Tax,
AYES:
Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson
NAYS:
None
ABSENT:
Mr. Engleby
IN RE:
ACCOUNTS FOR PAYMENT
On the motion of Supervisor Flora and the following
recorded vote, the current bills totaling $98,993.90 and the
bills paid since last Board meeting totaling $637.63 were today
approved presently and retro-actively.
AYES:
Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson
NAYS:
None
ABSENT:
Mr. Engleby
IN RE:
LIVESTOCK CLAIM - ROXIE PHELPS
On the motion of Supervisor Seibel and the following
recorded vote, the livestock claim of Roxie Phelps in the amount
of $140.00 for the loss of 4 hogs killed by dogs was approved
for payment.
AYES:
Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson
NAYS:
None
ABSENT:
Mr. Engleby
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9-25-73
139
BOARD OF SUPERVISORS
vs
o R D E R
THE PUBLIC AND THE STATE HIGHWAY
COMMISSION OF VIRGINIA
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This matter come on this day to be heard upon the
application for Parker Lane from Finney Drive to Howell Drive,
a distance of 0.05 mile to be accepted and made a part of the
Secondary System of State Highways.
It appearing to the Board that drainage easements and
a 50 foot right of way for said road have heretofore been
dedicated by virtue of a certain map known as Montgomery Village
Section 3, which map was recorded in Plat Book 7, Page 76, of
the records of the Clerk's Office of the Circuit Court of Roanok
County, Virginia, on May 28, 1971, and that by reason of the
recordation of said map no report from a Board of Viewers, nor
consent or donation of right of way from the abutting property
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owners is necessary. The Board hereby guarantees said right of
way and right for drainage.
NOW, THEREFORE, BE IT ORDERED that said road known as
Parker Lane from Finney Drive to Howell Drive, a distance of
0.05 mile and which is shown on a certain sketch accompanying
this order, be, and the same is hereby established as a public
road to become a part of the State Secondary System of Highways
in Roanoke County.
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
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9-25-73
BOARD OF SUPERVISORS
vs
ORDER
THE PUBLIC AND THE STATE HIGHWAY
COMMISSION OF VIRGINIA
This matter came on this day to be heard upon the
proceedings herein, and upon the application for Finney Drive
from 0.05 mile south of Abbey Circle to Parker Lane, a distance
of 0.24 mile to be accepted and made a part of the Secondary
System of State Highways.
It appearing to the Board that drainage easements and
a 50 foot right of way for said road have heretofore been dedi-
cated by virtue of a certain map known as Montogomery Village,
Section 3, which map was recorded in Plat Book 7, Page 76, of
the records of the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, on May 28, 1971, and that by reason of
the recordation of said map no report from a Board of Viewers,
nor consent or donation of right of way from the abutting
property owners is necessary. The Board hereby guarantees said
right of way and right for drainage.
NOW, THEREFORE, BE IT ORDERED that said road known as
Finney Drive from 0.05 mile south of Abbey Circle to Parker Lane
a distance of 0.24 mile and which is shown on a certain sketch
accompanying this order, be, and the same is hereby established
as a public road to become a part of the State Secondary System
of Highways in Roanoke County.
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
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9-25-73
.1,41
BOARD OF SUPERVISORS )
)
VS )
)
THE PUBLIC AND THE STATE HIGHWAY )
COMMISSION OF VIRGINIA )
o R D E R
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This matter came on this day to be heard upon the
proceedings herein, and upon the application for Howell Drive
from Finney Drive to Parker Lane, a distance of 0.19 mile to be
accepted and made a part of the Secondary System of State
Highways.
It appearing to the Board that drainage easements and
a 50 foot right of way for said road have heretofore been
dedicated by virtue of a certain map known as Montgomery Village
Section 3, which map was recorded in Plat Book 7, Page 76, of
the records of the Clerk's Office of the Circuit Court of Roanok
County, Virginia, on May 28, 1971, and that by reason of the
recordation of said map no report from a Board of Viewers, nor
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consent or donation of right of way from the abutting property
owners is necessary. The Board hereby guarantees said right of
way and right for drainage.
NOW, THEREFORE, BE IT ORDERED that said road known as
Howell Drive from Finney Drive to Parker Lane, a distance of
0.19 mile and which is shown on a certain sketch accompanying
this order, be, and the same is hereby established as a public
road to become a part of the State Secondary System of Highways
in Roanoke County.
On motion of Supervisor Seibel and adopted by the
following recorded vote:
AYES:
Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson
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NAYS:
None
ABSENT:
Mr. Engleby
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9-25-73
IN RE:
NEW SUBDIVISIONS
Supervisor Flora moved that the matter of requiring
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that no subdivisions shall be approved by the County unless they I
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meet the standards of the Virginia Department of Highways be ref1rred
the County Administrator, County Attorney and County Engineer.
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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 DESIGNATING THE NAME OF
AN UNNAMED ROAD IN ROANOKE COUNTY
WHEREAS, the property owners on an unnamed road which
extends in a northeasterly direction from Mountain Heights Drivel
between Block 7 and Block 9 of Mountain Heights, Section 2, did
request this Board to name said road as Wygal Drive; and
WHEREAS, pursuant to Section 15.1-379 of the Code of
Virginia, as amended, the governing body of any County is author
ized, and by resolution duly adopted may name streets, roads,
alleys; therein, outside the corporate limits of towns, except
those primary highways conforming to Section 33.1-12 of the Code
of Virginia.
NOW, THEREFORE, BE IT RESOLVED that the unnamed road
heretofore described be, and is hereby officially named and
designated as Wygal Drive.
On motion of Supervisor Flora 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 statement of travel expenses from
the Sheriff's Department incurred for the month of August, 1973,
was this date received and filed.
to
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9-25-73
1~43
IN RE:
DELINQUENT TAX LISTS
Supervisor Hilton moved that the sum of $7,000.00 be
appropriated to the Treasurer's Office for the printing and
publishing of delinquent tax lists.
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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:
RECONSIDERATION OF MOBILE HOME
DENIAL - ORPHUS ALLEN CLAYTOR
Mr. Orphus Allen Claytor appeared before the Board
and requested the Board's reconsideration of his application
to park a mobile home on a two acre tract owned by Archie T.
Stuart and located on Route 613.
On the motion of Supervisor Hilton and the unanimous
voice of the Board, the application of Orphus Allen Claytor
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was reconsidered.
Supervisor Hilton moved that the application of
Orphus Allen Claytor to park a mobile home on a two acre tract
owned by Archie T. Stuart and located on Route 613 be approved
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. Claytor.
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:
LIBRARY HEADQUARTERS
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Supervisor Flora moved that the statement in the
amount of $10,272.66 from Q. M. Tomlinson, Inc. for the construe
tion of the Roanoke County Library Headquarters be paid subject
to the concurrence of the Library Board that the building is
complete.
The motion was adopted by the following recorded vote:
AYES:
Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson
NAYS:
None
ABSENT:
Mr. Engleby
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144
9-25-73
WHEREAS, the Judges of the Roanoke County General
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IN RE:
A RESOLUTION APPROVING SUPPLEMENTS TO
THE SALARIES OF THE JUDGES OF THE GENERAL
DISTRICT COURT AND THE JUVENILE AND DOMESTIC
RELATIONS DISTRICT COURT SUBJECT TO APPROVAL
OF SAID SUPPLEMENT BY THE CITY OF SALEM
District Court and the Judges of the Roanoke County Juvenile
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Domestic Relations District Court may have their salaries sup-
plemented by the governing body pursuant to the provisions of
Section 16.1-69.47 of the Code of Virginia; and
WHEREAS, the Council of the City of Roanoke has
approved the supplement of the salaries of said Judges to the
extent of forty percent of the local supplement made to the
Judges of the 23rd Judicial Circuit, subject to the approval of
said supplement by the Board of Supervisors of Roanoke County
and the Council of the City of Salem; and
WHEREAS, the Board of Supervisors deems it advisable
to grant said supplement subject to the approval of the Council
NOW, THEREFORE, BE IT RESOLVED by the Board of Super-
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of the City of Salem.
visors of Roanoke County that the salaries of the Judges of the
Roanoke County General District Court and the Judges of the I
Roanoke County Juvenile and Domestic Relations District Court bel
supplemented in the amount of $4,067.20 per Judge per year; the I
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salary of the Chief Judge of the Roanoke County General District!
Court and the Chief Judge of the Roanoke County Juvenile and
Domestic Relations District Court be supplemented an additional
$500.00 per year in addition to the amount hereinabove set out;
all said supplements to be in the same proportion as the County
of Roanoke, City of Roanoke, and the City of Salem now share in
payment of local supplements to the salaries of the Circuit
Court Judges of the 23rd Judicial Circuit; said supplements to
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become effective only if approved by the Council of the City of
Salem.
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9-25-73
145
BE IT FURTHER RESOLVED that the supplement herein set
out shall be, and the same are hereby deemed to be effective on
the 1st day of July, 1973.
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:
AMENDMENT TO GENERAL APPROPRIATION ORDINANCE
On motion of Supervisor Seibel, the General Appropri-
ation Ordinance of Roanoke County, Virginia, adopted June 27,
1973, be, and the same is hereby, amended as follows to become
effective September 25, 1973:
305 - ADMINISTRATION OF JUSTICE
305b - General District Court
100 - Salaries: An appropriation of $7,709.30 is
hereby made from the General Operating Fund
for the period ending June 30, 1974, for the
function or purpose hereinabove indicated.
(Supplement to be retroactive to July 1, 197
One Chief Judge - $1,689.86 annually. Four
additional Judges - $1,504.86 each, annually)
305d - Juvenile and Domestic Relations District Court
100 - Salaries: An additional appropriation of
$3,194.72 is hereby made from the General
Operating Fund for the period ending June 30,
1974, for the function or purpose hereinabov
indicated. (Supplement to be retroactive to
July 1, 1973. One Chief Judge - $1,689.86
annually. One additional Judge - $1,504.86
annually)
Adopted by the following recorded vote:
AYES:
Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson
NAYS:
None
ABSENT:
Mr. Engleby
146
9-25-73
IN RE:
NOTICE OF INTENTION TO AMEND CHAPTER
11, OFFENCES - MISCELLANEOUS, SECTION
11-7, PARKS - HOURS OF OPERATION
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BE IT RESOLVED by the Board of Supervisors of Roanoke
County that a public hearing be held on October 23, 1973, at
7:00 p.m., at a regular meeting of the Board of Supervisors, at
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which time it will be moved that the Roanoke County Code be
amended as follows:
Section 11-7, Parks - Hours of Operation.
This amendment to take effect on October 23, 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 two 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 at the front door of the Roanoke
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County Courthouse.
A copy of the proposed amendment is on file in the
Clerk's Office of the Circuit Court for Roanoke County and the
County Administrator's Office at 306A East Main Street, Salem,
Virginia.
On motion of Supervisor Flora and adopted by the
following recorded vote:
AYES:
Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson
NAYS:
None
ABSENT:
Mr. Engleby
The proposed Ordinance is filed with the minutes of
this meeting.
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9-25-73
147
IN RE:
NOTICE OF INTENTION TO AMEND THE ROANOKE
COUNTY CODE BY ESTABLISHING A CURFEW FOR
CERTAIN MINORS AND PUBLIC HEARING THEREON
WHEREAS, the Board of Supervisors of Roanoke County,
pursuant to Section 15.1-510 of the Code of Virginia, as
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amended, has authority to adopt such measures as it may deem
expedient to promote the health, safety and general welfare of
the inhabitants of Roanoke County, not inconsistent with the
general laws of the State of Virginia; and
WHEREAS, the Roanoke County Board of Supervisors is
of the opinion that the establishment of a curfew for certain
minors is necessary to promote the health, safety and general
welfare of the citizens of Roanoke County;
BE IT RESOLVED by the Board of Supervisors of Roanoke
County that a public hearing be held on October 23, 1973, at
7:00 p.m., at a regular meeting of the Board of Supervisors of
Roanoke County, at which time it will be moved that the Roanoke
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County Code be amended as follows:
Section 11-11. Curfew for minors; responsibility
of parents; duties of police; penalties.
This amendment to take effect on October 23, 1973.
The Clerk of the 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 two consecutive weeks, in the
Roanoke World News, a newspaper having a general circulation
in Roanoke County.
Said proposed amendment and notice of hearing thereon
shall be published and posted at the front door of the Roanoke
County Courthouse.
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A copy of the proposed amendment is on file in the
Clerk's Office of the Circuit Court of Roanoke County and the
County Administrator's Office at 306A East Main Street, Salem,
Virginia.
:148
9-25-73
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At 10:25 p.m., Supervisor Hilton moved that the Board I
go into Executive Session to discuss matters involving litigatiot
and personnel. Motion carried on the unanimous voice vote of !
On motion of Supervisor Flora and adopted by the
following recorded vote:
AYES:
Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson
NAYS:
None
ABSENT:
Mr. Engleby
the Board.
At 11:07, the Supervisors returned to the Courtroom,
and on the motion of Supervisor Flora and the unanimous voice
vote of the members, the Board reconvened in open session.
IN RE:
GEORGE W. GRISSON VERSUS ROANOKE
COUNTY BOARD OF SUPERVISORS
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the Board to represent said Board in the George W. Grissom versur
Roanoke County Board of Supervisors' case, be authorized and !
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directed to file the necessary responsive pleadings to the cross\
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Supervisor Flora moved that the Law Firm of Woods,
Rogers, Muse, Walker and Thornton, which has been retained by
claim of Branch and Associates and to take whatever other
necessary legal steps that are needed to protect the County's
interest in said case.
The motion was adopted by the following recorded vote:
AYES:
Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson
NAYS:
None
ABSENT:
Mr. Engleby
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149
9-25-73
IN RE:
PETITION OF FRALIN AND WALDRON )
FOR REZONING APPROXIMATELY 49.3 )
ACRES ON ROUTE 679 NEAR BLUE RIDGE) FINAL ORDER
PARKWAY )
WHEREAS, Fralin & Waldron, Inc. did petition the Board
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of Supervisors 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 petitio
be rezoned from Residential Estates District RE to Residential
District R-3, which petition was filed at the regular meeting
of this Board on the 26th day of June, 1973, and by order entere
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 21st day of August, 1973, after
due advertisement and after hearing evidence touching on the
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merits of said petition, recommended to this Board that said
Zoning Ordinance be amended so as to change the classification
of the property descirbed in said petition from Residential
Estates District RE, to Residential District R-3; and
WHEREAS, the Board of Supervisors of Roanoke County
did by its order entered on the 26th day of June, 1973, order
that the Clerk of this Board set the same down for a public
hearing 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 25th day of September,
1973, at 7:00 p.m. as the date and time for public hearing and
advertised the same by notice duly published in the Roanoke Time ,
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a newspap~; having general circulation in the City and County of
Roanoke; a~d
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 Zoning
Ordinance should be amended.
150
9-25-73
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that this
the meeting of the Board of Supervisors of Roanoke County held
on the 25th day of September, 1973, the said Roanoke County
Zoning Ordinance be, and the same is hereby amended so as to
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classify the hereinafter described property from Residential
Estates District RE to Residential District R-3.
AND BE IT FURTHER RESOLVED AND ORDERED that the Clerk
of this Board shall forthwith certify a copy of this order to
the Secretary of the Planning Commission and a copy to W. H.
Fralin, Attorney for the petitioner.
The foregoing resolution was adopted on motion of 11
Supervisor Flora, seconded by Supervisor Seibel and the followin
recorded vote:
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AYES:
Mr. Flora, Mr. Hilton, Mr. Seibel, Mr. Dodson
NAYS:
None
ABSENT:
Mr. Engleby
Mr. W. H. Fralin, Attorney, appeared on behalf of the
and use of the land. There was no opposition.
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petitioners. Mr. D. J. Balzer, Planning Consultant, was
present at the meeting and explained the general proposed
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time, and on the motion of Supervisor Hilton and the unanimous I
voice vote of the Board, the meeting was adjourned at 11:10 p.m.1
This concluded the business before the Board at this
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