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HomeMy WebLinkAbout4/13/1976 - Regular ~J 4-13-76 Salem-Roanoke Valley Civic Center Salem, Virginia April 13, 1976 7:00 P.M. The Board of County Supervisors of Roanoke County, Virginia, met this day in open session at the Salem-Roanoke Valley Civic Center in Salem, Virginia, this being the second Tuesday and the first regular meeting of the month. I MEMBERS PRESENT: Chairman May W. Johnson, Vice-Chairman E. Deal Tompkins, R. Wayne Compton, C. Lawrence Dodson and Robert E. Myers. Chairman Johnson called the meeting to order at 7:08 p.m. and recognized Reverend George H. Orser, Southview United Methodist Church, who offered the invocation. The Pledge of Allegiance to the flag was given in unison. On the motion of Supervisor Tompkins and the unanimous voice vote of the members, the minutes of the regular meeting of March 9, 1976 and the regular meeting of March 23, 1976, were approved as corrected. The correction was made by Mr. Tompkins to Page 474 of the March 9 meeting regarding the Town of Vinton request for funds toward construction of a firehouse to be located in Vinton I whereby Councilman O. L. Horn1s presence was omitted in the minutes. IN RE: APPLICATION OF HELEN B. DOYLE FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 6.2 ACRE TRACT LOCATED ON THE NORTH SIDE OF STATE ROUTE 311,0.7 MILE WEST OF STATE ROUTE 698 AND 1 1/2 MILES WEST OF THE CATAWBA POST OFFICE APPROVED Supervisor Myers moved that the Doyle application be approved subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes. The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson NAYS: None Ms. Doyle was present at the hearing. There was no opposition. I 4- 13-76 ~". . i' .u: .. IN RE: RENEWAL APPLICATION OF KEVEN F. MOORE FOR A ) SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A ) ONE-ACRE TRACT LOCATED ON A PRIVATE ROAD 0.25 ) MILE OFF THE EAST SIDE OF STATE ROUTE 774, 0.75 ) MILE SOUTH OF STATE ROUTE 638 IN THE GREEN HILL ) SECTION ) APPROVED I Supervisor Myers moved that the renewal application of Keven F. Moore be approved effective this date subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes. The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson NAYS: None No one appeared in opposition to the Moore application. IN RE: APPLICATION OF RALPH G. DARLING FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 1.2-ACRE TRACT LOCATED ON THE WEST SIDE OF STATE ROUTE 913, 0.5 MILE NORTH OF STATE ROUTE 641 (TEXAS HOLLOW ROAD) APPROVED Supervisor Myers moved that the application of Ralph G. Darling be approved subject to the provisions of the County Zoning Ordinance as it pertains to mobil e homes. I The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson NAYS: None Mr. Darling was present at the hearing. There was no opposition. IN RE: APPLICATION OF DANNY DALE DILLON FOR A SPECIAL ) EXCEPTION TO PARK A MOBILE HOME ON A 16-ACRE ) TRACT OWNED BY WARREN A. DILLON AND LOCATED ON ) THE WEST SIDE OF STATE ROUTE 820, 0.4 MILE SOUTH) OF STATE ROUTE 694 (TWELVE O'CLOCK KNOB ROAD) ) APPROVED Supervisor Myers moved that the application of Danny Dale Dillon be approved subject to the provisions of the County Zoning Ordinance as it pertains to mobil e homes. The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson I NAYS: None Mr. Dillon was present at the hearing. There was no opposition. NOTE: Applicant has been granted variances since mobile home will not be occupied by landowner and an existing house on the land. I , .1 :;-~,,,:.::~":,;,,?.... 4-13-76 RENEWAL APPLICATION OF GERALD W. TOBEY FOR A ) SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A ) ONE ACRE TRACT OWNED BY WALTER W. VIPPERMAN ) AND LOCATED ON THE WEST SIDE OF ROUTE 777 ) (STYPES BRANCH ROAD), 800 FEET NORTH OF INTER- ) STATE 81 ) APPROVED Supervisor Myers moved that the renewal application of Gerald W. Tobey be approved effective this date subject to the provisions of the County Zoning I Ordinance as it pertains to mobile homes. The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson NA YS: None Mr. Tobey was present at the hearing. There was no opposition. NOTE: Applicant has been granted variances since mobile home will not be occupied by landowner and will be located 10 feet from north property line. IN RE: RENEWAL APPLICATION OF GENE E. ARTHUR FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 1.75-ACRE TRACT LOCATED ON THE EAST SIDE OF ROUTE 675 (INDIAN GRAVE ROAD), 0.5 MILE SOUTH OF U. S. ROUTE 220 ) ) ) ) ) APPROVED Supervisor Myers moved that the renewal application of Gene E. Arthur be approved effective this date subject to the provisions of the County Zoning I Ordinance as it pertains to mobile homes. The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson NA YS: None Mr. Arthur was present at the hearing. There was no opposition. IN RE: APPLICATION OF JAMES W. WINDEL FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A ONE-ACRE TRACT LOCATED ON THE EAST SIDE OF STATE ROUTE 612, 0.3 MILE NORTH OF STATE ROUTE 711 IN THE BENT MOUNTAIN AREA ) ) ) ) ) APPROVED Supervisor Myers moved that the application of James W. Winde1 be approved subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes. The motion was adopted by the following recorded vote: I AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson NAYS: None Mr. Winde1 was present at the hearing. There was no opposition. 4-13- 76 "72 .. IN RE: RENEWAL APPLICATION OF GEDRGE W. DIVERS FOR ) A SPECIAL EXCEPTION TO PARK A MOBILE HCME ON ) A O. 57-ACRE TRACT lOCATED ON A PRIVATE ROAD ) OFF THE EAST SIDE OF ROUTE 613, 0.13 MILE ) SOUTH OF ROUTE 688 ) APPROVED Supervisor Myers ITDved that the renewal application of George W. Divers be I approved this date subject to the provisions of the County zoning Ordinance as it pertains to ITDbile homes. The motion was adopted by the follONing recorded vote. AYES: Mr. Corrpton, Mr. Dodson, Mr. Myers, Mr. Torrpkins, Mrs. Johnson NAYS: None Mrs. Divers was present at the hearing. There was no opposition. Note: Applicant has been granted variances due to lot containing less than one acre and ITDbile home to be located closer than 50 feet fram the south property line. IN RE: PETITION OF BRAMBLETON MEDICAL ASSOCIATES FOR REZONING CERTAIN rms IN THE RICHARDS HEIGHTS SUBDIVISION lOCATED ON THE SOUTH SIDE OF STATE ROUTE 221 (BRAMBLETON AVENUE) 1500 FEET EAST OF VIEW AVENUE FR.a1 R-l TO B-1 EXCEPTING A 120-FOOT FRONTAGE ZONED B-2 AND A 50-FOOT REAR rm ZONED R-l SO THAT MEDICAL OFFICES MAY BE OPERATED THEREON * * * * * * * * ORDINANCE I An Ordinance to amend the Roanoke County Zoning Ordinance. WHEREAS, application has been made to the Board of Supervisors of Roanoke County to have five (5) lots of land, ITDre or less, situated on the east side of Virginia Highway Route #221 in Roanoke County, Virginia, rezoned fram Residential District R-l to Business District B-1, said property being and particularly des- cribed as follONs, to-wit: I BEGINNING at a point in the center of Woodlawn Avenue at the westerly boundary line of the Corbieshaw Investment Corporation lands; thence along the center of the said Woodlawn Avenue the follONing three courses: S. 40 degs. 15' W. 232.7 feet, ITDre or less, to an angle point in Woodlawn Avenue; thence S. 57 degs. 15' W. 300.20 feet to another angle point in Woodlawn Avenue; thence S. 57 degs. 57' W. 22.23 feet to a point at the intersection of the center lines of Woodlawn Avenue and Richards Boulevard; thence along the center line of Richards Boulevard the follONing courses: S. 0 degs. 44' E. 1027.10 feet to the William Earley line; thence along the Wn. Early line the follONing two courses: S. 81 degs. 21' E. 29.67 feet to an Oak Tree; thence S. 76 degs. 50' E. 144.80 to a point on the Edward Trout land; thence along the Edward Trout line the follONing two courses: N. 0 degs. 44' W. 375.95 feet to 5 tacks in the southerly Root of an Oak Tree; thence N. 21 degs. 27' E. 1304.6 feet, ITDre or less, to the corner of the Corbieshaw Invest- ment Corp' n Lands; thence along the line of the 4-13-76 73, .. Corbieshaw Investment Corpn. line N. 32 degs. 52' W. 194.20 feet to the place of BEGINNING; and BEING all of Lots 1 to 25, both inclusive, in Section 2 as shawn by the map of lands of Richards Heights recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia; and LESS AND EXCEPTING Lots 1 to 6 and Lots 12 to 25 in Section 2 as shawn by the map of lands of Richards Heights recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia. I LESS AND EXCEPI'ING that strip of land 120 foot wide running across the entire border of said lots with Virginia Route #221; and LESS AND EXCEPI'ING a 50 foot wide strip running across the entire westerly border of said lots being the border adjoining Section 3 of Greenwood Forest, and as more particularly shawn on the attached survey. AND, WHEREAS, the Roanoke County Planning Carmission has recOITUl1eI1ded that the heretofore described land be rezoned from Residential District R-l to Business District B-1, and WHEREAS, notices required by the Roanoke County Zoning Ordinance and the Code of Virginia relating to the zoning have been published and mailed as required and for the time provided in the Roanoke County Zoning Ordinance and the Code of WHEREAS, the hearing provided for in said Notice was held on April 13, 1976, I Virginia of 1950, as amended, and at 7: 00 p.m. before the Board of Supervisors of Roanoke County, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; 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 Zone Designa- tion changed from Residential District R-l to Business District B-1. The foregoing Ordinance was adopted on lTDtion of Supervisors Tcmpkins and the following recorded vote: AYES: Mr. Ccmpton, Mr. Dodson, Mr. Myers, Mr. Tanpkins, Mrs. Johnson NAYS: None I In relation to the above request for rezoning, Mr. William F. Mason, Jr., Attorney, appeared on behalf of the petitioners. There was no opposition. IN RE: AOOPTION OF ORDINANCE NO. 1461 AMENDING THE ROANOKE COUNTY CODE IN REGARD TO PIANNED UNIT DEVEIDPMENTS BY THE REVISION OF SEcrION 21-159, FAILURE TO BEING PIANNED UNIT DEVEIDPMENr 4-13-76 74 ~ 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 genera welfare of the citizens of Roanoke County; and WHEREAS, a Notice of Intention to amend the Roanoke County Code as proposed, I and Public Hearing thereon, have been advertised and posted in accordance with law. NCW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, that the Roanoke County Code be amended as follCMS: / Section 21-159. Failure to being planned unit developnent. If no construction has begun or no use established in the planned unit development wi thin one year from the approval of the final developnent plan, the final developnent plan shall lapse and be of no further effect. In its discretion and for good cause, the planning commission may extend for one additional year the period for the beginning of construction or the estab- lishment of a use. If a final development plan lapses under the provisions of this section, the clerk shall remove the planned unit development from the zoning map and shall file a notice of revocation with the recorded final development plan. The zoning regulations applicable before the filling of the application required by Section 21-156 shall be revived and in effect. This amendment to take effect on April 13, 1976. On motion of Supervisor Tanpkins and adopted by the follCMing recorded vote: I AYES : Mr. Canpton, Mr. Dodson, Mr. Myers, Mr. Tanpkins, Mrs. Johnson NAYS: None There was no opposition to the ordinance regarding planned unit developnents. IN RE: POLICY FOR PARTICIPATION IN COUNTY RECREATION PRCX;RAMS FOR ANNEXED RESIDENTS Mr. Clyde Pearson, a spokesman for a group of fonner residents of the Windsor Hills District, appeared before the Board regarding the County's policy pertaining to Participation by annexed residents in the County's recreation programs. Mr . Pearson stated that the most disruptive aspect of annexation is the effect it has on the lives of school children. He stated that the group was only advised in the latter Part of March that the children in this annexed area would not be eligible to play Tee Ball due to the County policy previously adopted by the Board. He further noted that there are approximately six, seven-year old boys in this cate- I gory. Mr. Pearson requested the Board to permit these annexed youngsters to Parti cipate in the Tee Ball program. He further stated that the parents would be willing to pay a tuition to canpensate the County. Mr. Bryon Dickson, Tee Ball Coach, stated there is a need for a period of adjustment and requested the Board to allow the children to participate. Mr. Mike Warner, President of the Cave Spring National Little League, also requested the Board to allCM more time for adjustJnent to annexation. Iii. 4-13-76 Chairmm Johnson stated that the C01.ll1ty has to draw the line sanewhere. Vice- Chainnan Tanpkins noted that the Board has had similar requests but has stood by its previously adopted policy. It was the consensus of the Supervisors that the C01.ll1ty must stand by its policy; therefore, no action was taken on the matter. IN RE: RAFFIE PERMIT-MOUNT VERNON ELEMENTARY SCHOOL P. T .A. I Mrs. Joanne Gowan appeared before the Board and requested a raffle permit for M01.ll1t Vernon Elementary School P. T .A. Supervisor Myers moved that the application of M01.ll1t Vernon Elenentary School P.T.A. for a raffle permit be approved effective this date for a period of one year. The motion was adopted by the following recorded vote: Mr. Dodson, Mr. Myers, Mr. Tanpkins, Mrs. Johnson AYES: NAYS: ABSENT : IN RE: None Mr. Canpton (not present in roan during voting) SING OUT ROANOKE VALLEY, INC. - REQUEST FOR FUNDS Mrs. John Downie, Project Chairman, Sing OUt Roanoke Valley, Inc., apPeared before the Board and requested f1.ll1ds for the organization. Chairman Johnson stated and the Board concurred that the request for f1.ll1ds should not cane out of C01.ll1ty f1.ll1ds, but urged the public to support Sing OUt. Mrs. Johnson stated that she would personally donate $25.00 to the group and urged other Board members and members of the press to make a donation. IN RE: Resolution No. 22800, adopted by Roanoke City C01.ll1cil, authorizing and directing the City Sheriff to impose and collect a per diem charge for each prisoner housed in the City jail pursuant to direction or request of any political subdivision other than the City, upon certain terms and conditions was received by the Board and is filed with the minutes of this meeting. IN RE: APPOINTMENT - CCMMITTEE OF EDUCATION INI'ERESTS (CEI) On recanrnendation of Chainnan Johnson, Supervisor Tanpkins moved that Mr. John D. Rhodes be appointed to serve as an at-large member on the Camnittee of Education Interests (CEI), in connection with Regional Cable Television. The motion was adopted by the 1.ll1animous voice vote of the Board. I I IN RE: ITEMS REFERRED TO THE PLANNING COMMISSION On motion of Supervisor Dodson and the 1.ll1animous voice vote of the Board, the following petitions were this date received, filed and referred to the Planning Ccmuission for recanrnendation: 4-13-76 -.w.' --< 76 Petition of Charles E. and Josephine A. Goff and Robert M. and patricia L. Shropshire for vacation of a 50-foot wide, unimproved street known as Sta.nront Drive as shown on the map of Westward Lake Estates and located on the west side of State Route 643. I petition of James L. and Brenda D. Martin for rezoning a 0.66-acre tract of land located on the west side of Route 864 at the intersec- tion of Route 622 (Bradshaw Road) fran RE to B-2 so that a retail business grocery store may be constructed thereon. Petition of Joe C. Brown and Dennis H. Carter for rezoning two Parcels of land located on the east side of Route 311, approximately 0.2 mile north of Route 864 fran RE to M-l or M-2 so that an auto- mobile garage may be operated thereon. Petition of Della M. Thanpson for rezoning 6.25 acres located in two tracts being the southerly portion of IDt 4 and northerly portion of IDt 5, Section 26, according to the map of Riverdale Fann Corporation and located on Hill Avenue, S.E. from RE to R-2 in order to construct a duplex dwelling on Parcell. Petition of Thanas H. Beasley, Jr. for rezoning 1. 79 acres located on the north side of Route 221 (Brarnbleton Avenue, SW) from B-2 to M-l so that mini -warehouses may be constructed thereon. Petition of Dennis U. Austin and Richard H. Riner for rezoning of IDts 17, 18 and 19, Block 2, map of Plyrrouth Colony located on the east side of Williamson Road from B-2 to B-3 so that an Eat-In Restaurant may be constructed thereon. IN RE: RESOLUTION NO. 1462 CONCURRING IN THE SALE BY THE CITY OF ROANOKE 'TO THE NATIONAL PARK SERVICE OF A 16.59 ACRE TRACI' OF IAND. I WHEREAS, the City of Roanoke, the Town of Vinton and the County of Roanoke have heretofore entered into an agreement providing for the operation of a region- al landfill on a tract of land situate in the Mayflower Hills section of Roanoke County; and WHEREAS, the Roanoke Valley Regional Solid Waste Management Board has, by resolution adopted April 7, 1976, recanrnended that the City of Roanoke be permittee to convey a 16.59 acre tract of land, said tract of land being a portion of the tract of land to be utilized as a regional landfill, to the united States Govern- ment, National Park Service, of a certain 16.59 acre parcel of land, being a por- tion of the tract to be utilized as a regional landfill, for no consideration. BE IT FURTHER RESOLVED that said Board concurs that the remaining tract of land to be utilized as the landfill, containing 257 acres, has a value equal to I that paid by the City of Roanoke for the entire tract purchased by said City. BE IT FURI'HER RESOLVED that the Clerk transmit a certified copy of this resolution to the City Clerk of the City of Roanoke. On motion of Supervisor Dodson and adopted by the follCMing recorded vote: AYES: Mr. Ccmpton, Mr. Dodson, Mr. Myers, Mr. Tcmpkins, Mrs. Johnson NAYS: None .. '17 4-13-76 IN RE: CLEARBROOK PUBLIC SAFETY BUIIDING - EXTRA WORK Supervisor Myers moved that the report of the County Executive regarding appropriation of funds for extra VJOrk for the Clearbrook Public Safety Building be continued to the April 27, 1976 meeting for further information. The motion was adopted by the follONing recorded vote: I AYES: Mr. Campton, Mr. Dodson, Mr. Myers NAYS: IN RE: Mr. Tompkins, Mrs. Johnson PROPOSED 76/77 BUDGEI' The proposed 1976-77 Budget for the County of Roanoke was distributed to the Board, and the Supervisors set their first budget study session for Tuesday, April 20, 1976, at 3:30 p.m. to be held in the Conference Roam of the County Executive's Office. IN RE: AMENDMENT TO GENERAL APPROPRIATION ORDINANCE NO. 1463 APPROPRIATING THE SUM OF $1,465 FRCM THE COUNTY'S UNAPPROPRIATED BALANCE TO THE ACCOUNT l400-60lF FOR GLENVAR BAIL PARK WATER CONNECTION On motion made by Supervisor Myers, the General Appropriation Ordinance of Roanoke County, Virginia, adopted June 10, 1975, be, and the same is hereby EXPENDI'IURES - ADDITION I amended as follows to became effective April 13, 1976: AYES: NAYS: IN RE: 1400 - Federal Revenue Sharing Fund 60lF - Glenvar Ball Park Water Connection: An additional appropriation of $1,465.00 is hereby made from the Federal Revenue Sharing Fund for the period ending June 30, 1976, for the function and purpose hereinabove indicated. UNAPPROPRIATED BALANCE - DELETION 1400 - Federal Revenue Sharing Fund 999A - Unappropriated Balance: A deletion of $1,465.00 is hereby made fran the Federal Revenue Sharing Fund's Unappropriated Balance for the period ending June 30, 1976, for the function and purpose hereinabove indicated. Adopted by the following recorded vote: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson None I RESOLUTION NO. 1464 CONCURRING IN THE CONVEYANCE OF A PARCEL OF LAND CONTAINING O. 04 ACRE, MORE OR LESS, cmNED BY THE COUNTY SCHOOL BOARD OF ROAl''JOKE COUNTY TO THE CClIlMONWEALTH OF VIRGINIA FOR PURPOSES OF IMPROVEMENT OF STATE ROUTE 311 FOR THE CONSIDERATION OF $84.00 AND FURTHER THAT THE CONSIDERATION PAID FOR SUCH CONVEYANCE BE, AND THE SAME IS HEREBY APPROPRIATED AS A SUPPLEMENTAL APPROPRIATION TO THE SCHOOL OPERATING FUND 4-13- 76 ... 7'1; WHEREAS, the Comrronweal th of Virginia has requested the School Board of Roanoke County to convey to said COlllIDnwealth a parcel of land containing approxi- mately four-one hundredths of an acre situate on the northern side of State Route 311 in order to provide for the improvement of said road; and I WHEREAS, the County School Board of Roanoke County, by resolution adopted on April 8, 1976, approved such conveyance and requested the unanimous consent of the Board of Supervisors with a further request that the compensation for said convey- ance be appropriated as a supplemental appropriation to the School Operating Fund. NOW", THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that the said Board hereby cx:mcurs and approves in the conveyance of 0.04 acre, rrore or less, parcel of land to the Comronwealth of Virginia for purposes of improvement of State Route 311 for the consideration of $84. BE IT FURTHER RESOLVED that the consideration paid for such conveyance be, an the sane is hereby appropriated as a supplemental appropriation to the School Operating Fund. On rrotion of Supervisor Dodson and adopted by the following recorded vote: AYES: Mr. Canpton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson I NAYS: None IN RE: NOI'ICE OF INTENTION TO AMEND THE ROANOKE COUNTY CODE BY THE ADDITION OF A NEW CHAPTER NUMBERED 20.1 AND ENTITLED WATER UTILITY CODE PROPOSING THAT STANDARDS BE ESTABLISHED FOR THE CONSTRUCTION OF ANY PRIVATE WATER SYSTEM IN THE COUNTY AND THE ORGANIZATION AND OPERATION OF A UTILITY DEPARIMENT WHICH OPERATES A COUNTY-owNED AND OPERATED SYSTEM, THE EFFECTIVE DATE OF SAID AMENDMENT TO BE MAY 11, 1976. On rrotion of Supervisor Dodson and adopted by the unanimous voice vote of the Board, the Board directed that notice of intention to consider the above ordinance be advertised as made and provided by law. IN RE: RESOLUTION NO. 1465 AUTHORIZING THE EXECUTION OF A CERTAIN RELEASE DATED APRIL 13, 1976, RELEASING THE HOME INDEMNTTY COMPANY, ITS AGENTS AND ASSIGNS FRCM ALL CIAIMS ARISING FROM THE BOND PROVIDING FOR THE CONSTRUCTION OF MEAIXWVIEW ACRES, SECTIONS 1, 2 AND 3 TO A STANDARD ACCEPTABLE BY THE STATE HIGHWAY DEPAR'IMENT UPON THE CONDITIONS CONTAINED IN SAID RELEASE I WHEREAS, the developers of Meadowview Acres Subdivision have heretofore pro- vided the County with a bond guaranteeing the construction to State standards of the streets in Sections 1, 2, and 3 of Meadowview Acres; and WHEREAS, the streets in said subdivision have never been constructed In accordance with State standards and therefore have never been accepted by the State Highway Department into the State Secondary System; and - 4-13-76 ~'19 WHEREAS, the area involved was, as a result of the recent annexation, incor- porated within the corporate limits of the City of Roanoke as of January 1, 1976; and WHEREAS, arrangements have been made for the construction of said streets in a manner which would be satisfactory to the City of Roanoke and the City has further requested execution of the attached release by the Board of County Super- I visors, which request is deemed by said Board to be appropriate. NCW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that the County Executive be, and he is hereby authorized and directed to execute on behalf of the said Board that certain release dated April 13, 1976, releasing the Herne Indenmi ty Company, its agents and assigns from all claims arising from the bond providing for the construction of Meadowview Acres, Sections 1, 2, and 3 to a standard acceptable by the State Highway Department upon the conditions contained in said release. On motion of Supervisor Myers and adopted by the unaniIrous voice vote of the Board. IN RE: NOTICE OF INI'ENTION TO CONSIDER CHA.l'\JGES IN THE BOUNDARIES OF MAGISTERIAL DISTRICTS AND PRECINCT LINES NECESSARY AS THE RESULT OF ANNEXATION, THE EFFECTIVE DATE OF THIS AMENDMENT TO BE MAY 11, 1976 I On motion of Supervisor Dodson and adopted by the unaniIrous voice vote of the Board, the Board directed that notice of intention to consider the above changes be advertised as made and provided by law. IN RE: NOTICE OF INI'ENTION TO REVOKE THE "USE NOT PROVIDED FOR" PERMIT ISSUED TO THE AR.RCW SAND COMPANY, SAID REVOCATION TO TAKE EFFECT MAY 11, 1976. BE IT RESOLVED by the Board of Supervisors of Roanoke County, that a public hearing be held on May 11, 1976, at 7:00 p.m. at a regular meeting of said Board held at the Salem-Roanoke Valley Civic Center at which time it will be rroved that the use-not-provided-for permit issued to the ArrON Sand Company on July 22, 1975, be revoked. The revocation to take effect May 11, 1976. On motion of Supervisor Myers and adopted by the unaniIrous voice vote of the I Board. IN RE: RESOLUTION NO. 1466 AUI'HORIZING THE EXECUTION OF AN AGREEMENT PROVIDING FOR THE CONSTRUCTION OF A FIRE HOUSE WITHIN THE LIMITS OF THE 'I'OiVN OF VINTON. WHEREAS, the Board of Supervisors has recognized the need for the constructiol of a fire house in the Town of Vinton to provide fire protection for the citizens 4-13-76 of the Town of Vinton and the areas surrounding the Town of Vintoni and WHEREAS, an agreement has been prepared by and between the County of Roanoke and the Tawn of Vinton providing for the construction of said fire house upon cer- tain tenns and conditions; and I WHEREAS, the Board of Supervisors is of opinion that said agreement should be executed on behalf of the Board of Supervisors. New, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that the agreerrent dated the 31st day of March, 1976, between the County of Roanok and the Town of Vinton providing for the construction of a fire house in the Town of Vinton be, and it is hereby approved, the Chairman and the Clerk of the Board being authorized and directed to execute said agreement on behalf of the County of Roanoke. On ITDtion of Supervisor Ccmpton and adopted by the following recorded vote: AYES: Mr. Ccmpton, Mr. Dodson, Mr. Myers, Mr. Tcmpkins, Mrs. Johnson NAYS: None The report of the Director of Finance regarding Accounts Paid and the Financial Statement and report on Delinquent Accounts for the month of March, 1976 I were for the infonnation of the Supervisors and are filed with the minutes of this meeting. The statement of travel expenses incurred by the Sheriff's Department for the ITDnth of February, 1976 was for the information of the Supervisors and is filed with the minutes of this meeting. IN RE: RESOLUTION NO. 1467 REQUESTING THE APPROVAL OF THE STATE CCMPENSATION BOARD FOR THE REPIACEMENT OF ONE DEPUTY SHERIFF WHEREAS, under the recent guidelines established by the State Ccmpensation Board pursuant to the directive of the Governor relating to employment of per sonne in constitutional offices, no replacement for individuals who resign may be employ ed without the consent of the State Ccmpensation Board; and WHEREAS, Deputy Sheriff Philip H. Underwood is resigning his position as of May 15, 1976 and the Sheriff has requested that the Board of Supervisors request I approval for a replacement, in which request the Board concurs. New, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that said Board hereby requests the State Ccmpensation Board to approve the employ ment of one deputy sheriff in the Roanoke County Sheriff's Deparbnenti said position to be filled effective May 15, 1976i said deputy sheriff to replace Deput Sheriff Philip J. Underwood, who is resigning his position as of May 15, 1976. BE IT FURI'HER RESOLVED that the Clerk transmit a certified copy of this resolution to the State Ccmpensation Board. - l' ,f :~\.:. 4-13-76 On motion of Supervisor Tompkins and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tanpkins, Mrs. Johnson NAYS: None IN RE: RESOLUTION NO. 1468 CONCURRING IN A POLICY OF THE SALEM- ROANOKE VALLEY CIVIC CEN'IER COMMISSION RELATING 'ID THE USE OF THE CIVIC CENTER FACILITIES BY THE ROANOKE COUNI'Y-SALEM SCHOOL SYSTEM. I WHEREAS, the Roanoke County-Salem school system has requested the Salem- Roanoke Valley Civic Center Ccmnission to adopt a policy permitting the use of the Civic Center facilities by said school system at no charge upon certain conditions and WHEREAS, said Civic Center Cormnission has requested the approval of said policy by the Board of Supervisors of Roanoke County; and WHEREAS, said Board of Supervisors is of opinion that said policy would be of benefit to the County and to said school system and desires to approve the policy as presented. NCM, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that the facilities at the Salem-Roanoke Valley Civic Center be made available to the Roanoke County-Salem school system, at no charge, upon the following condition a) That said use be limited to those functions which cannot be appropriately I accomodated in school facilities. b) That the request for the use of said facilities emanate from the central administration of the school division. c) That all such requests be subject to approval of the Civic Center Management. d) That the use of the facilities by the schools shall be scheduled so as not to interfere with the normal operation of the Civic Center. e) That all use of the facilities by the school division be in compliance with regular procedures heretofore established by the Civic Center Ccmnission. BE IT FURTHER RESOLVED that a certified copy of this resolution be sent to the Chairman of the Salem-Roanoke Valley Civic Center Cormnission. The foregoing resolution was adopted on motion of Supervisor Canpton and I the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson NAYS: None 4-13-76 --- 82 IN RE: NanCE OF INTENTION TO AMEND THE ROANOKE COUNTY CODE BY THE REVISION OF THE NEW CHAPTER NUMBERED 8.1 AND ENTITLED SOIL EROSION AND SEDLMENT CONTROL, THE EFFEcrIVE DATE OF SAID AMENI::MENT BEING JUNE la, 1976, PROVIDED IT IS APPROVED BY ALL NECESSARY STATE AGENCIES. On motion of Supervisor Dodson and adopted by the unanirrous voice vote of the I Board, the Board directed that notice of intention to consider the above ordinance be advertised as made and provided by law. IN RE: R.A.D.A.R. COMMISSION - APPOINTMENTS TO Chairman Johnson appointed Supervisors C. Lawrence Dodson and Robert E. Myers to serve as County representatives on the R.A.D.A.R. Carmission. IN RE: TRANSPORTATION At the request of Vice-Chairman Tarlpkins, Mr. Robert W. Hooper, County Planner, gave a verbal report on the status of obtaining bus service for County residents. Mr. Hooper stated that he is in the process of investigating all possible alterna- tives. To date he is studying the follo.ving four alternatives: 1. Pendleton Bus Lines (private) - can provide limited service; would require some subsidy from County. 2. Valley Metro - County could probably re-enter on limited basis I in future; would require some participation in deficit. 3. R.A.D.A.R. Dial-a-Ride Program - no indepth knowledge yet; would probably be oriented to.vard elderly. 4. Para-Transit - those forms of transportation between private autos and full bus service. Mr. Hooper further stated that he will atterrpt to determine the areas of greatest need in the County and ho.v each of the above-mentioned alternatives can rreet these needs and relative costs involved. Vice-Chairman Tarrpkins invited and urged all County citizens to attend and participate in the upcaning Vinton Dogwood Festival. IN RE: RESOLUTION NO. 1469 STATING THE BOARD OF SUPERVISORS' POSITION RELATING TO THE EDUCATION OF ANNEXED CHILDREN AND THE CONSTRUcrION OF SCHOOL FACILITIES BY THE CITY OF ROANOKE I WHEREAS, the Order of Annexation entered May la, 1975, required the County of Roanoke to educate the students in the annexed area for a period of thirty months with the City of Roanoke canpensating the County for said education at a cost to be carrputed pursuant to the formula set forth in the County's Exhibit A-40 of said proceeding; and ..' 83 4-13-76 WHEREAS, said Court Order further required the City of Roanoke to, wi thin a period of thirty months from the effective date of annexation, make certain school irrproverrents as set out in said Decree; and WHEREAS, the Board of Supervisors deems it to be necessary to state the County's position in regard to matters relating to education of annexed children I pursuant to the Court's Decree. NCW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that said Board hereby indicates that it cannot, under any circumstances, educate the children in the annexed area for a period exceeding the thirty months set out in said Decree because any extension of said time would require the County to construct school facilities which would not, without such extension, be necess- ary to construct. BE IT FURTHER RESOLVED that said Board is firm in its opinion that the bi11in by the County to the City for educating of the annexed students is in compliance with the provisions of the Court Decree and further that said Board expects the City to remit to the County the sum billed by the County within the time limits set out in the County Decree together with the balance due for the first four BE IT FURTHER RESOLVED that said Board is of opinion that the program pro- I months of 1976, which is presently outstanding. posed by the City of Roanoke School Board for the construction of school irrprove- ments deviates from and is substantially less than the requirements for construc- tion of school irrprovements ordered by the Annexation Court in its Decree. BE IT FINAILY RESOLVED that the Clerk transmit a certified copy of this resolution to the Clerk of the City Council of the City of Roanoke and to the Clerk of the City School School Board of the City of Roanoke; it being the intent of this resolution to indicate this Board's position that all aSPects of the Annexation Decree be corrp1ied with by the City of Roanoke. On motion of Supervisor Carpton and adopted by the unanimous voice vote of the Board. IN RE: RESOLUTION NO. 1470 REQUESTING INCREASED PATROLLING BY THE SHERIFF'S DEPARTMENT IN THE WILLIAMSON ROAD AREA. I WHEREAS, the owners of certain businesses situate on Williamson Road in Roanoke County have approached the members of the Board of Supervisors and request ed increased police protection in the form of sheriff patrols in that area of Roanoke County in an effort to alleviate traffic congestion in the form of nuisance traffic in said area; and 4-13-76 - 84 I WHEREAS, the Board of Supervisors of Roanoke County is of opinion that in- creased patrolling in said area would be justified in an attempt to alleviate the problem which exists at this time. NCW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that the Sheriff be requested to increase patrolling in the Williamson Road area of Roanoke County north of the corporate limits of the City of Roanoke in an effort to alleviate the problem of traffic congestion around the businesses situate in that portion of Roanoke County and other areas which are identified as problEm areas in the County. On rrotion of Supervisor Canpton and adopted by the unanimous voice vote of the Board. IN RE: APPOINTMENT - BUILDING CODE BOARD OF AillUSTMENTS AND APPEALS On the rrotion of Supervisor Dodson and the unanimous voice vote of the Board, Mr. John M. Shumate, Jr. fran the Windsor Hills District was appointed to serve as a member of the Roanoke County Building Code Board of Adjustments and Appeals for a term of four years, which term expires on April 13, 1980. IN RE: APPOINTMENT - BUILDING CODE BOARD OF AillUS'IMENTS AND APPEARIS On the Motion of Supervisor Myers and unanimous voice vote of the Board, Mr. K. B. Graham from the Cave Spring District was appointed to fill the unexpired term of Mr. D. J. Cooper on the Roanoke County Building Code Board of Adjustments and Appeals, which term ends on October 22, 1978. Mr. Andrew Childs, member of the North Roanoke Recreation Club, appeared before the Board and requested Board I s reconsideration of its policy regarding participation of non-County residents in County recreation programs. The Board reaffirmed its position to uphold its previously adopted policy. Mr. John G. Seibel fran the Vinton District appeared before the Board regardin~ the proposed changes in the Magisterial Districts in relation to the Bonsack area. Mr. Seibel was advised that the matter is still pending and no action to date has been taken or can be taken until a public hearing is held at which time all inter- ested citizens will have an opportunity to express their views. Mr. Glenn Robertson from the Volunteer Firemen I s Association appeared before the Board and corrmented on the position of Fire Coordinator. To date the Board has taken no action in hiring a Fire Coordinator for the County. At 9:15 p.m. Supervisor Dodson rroved that the Board go into Executive Session to discuss legal, real estate and personnel matters. The motion was adopted by the following recorded vote: AYES: Mr. Canpton, Mr. Dodson, Mr. Myers, Mr. Tanpkins, Mrs. Johnson NAYS: None I I - 4-13-76 ,)J 85 At 10:30 p.m. the Supervisors returned to the Civic Center and on the motion of Supervisor Tompkins and the unanirIDus voice vote of the mEmbers, the Boa.rd re- convened in open session. IN RE: RESOLUTION NO. 1471 AUTHORIZING THE EI'1PLOYMENT OF ATIDRNEYS AND ACCOUNTANTS 'ill PROIECT THE COUNTY'S INI'EREST UNDER THE COURl' DECREE OF ANNEXATION. WHEREAS, the Board of Supervisors of Roanoke County has been made aware of I certain controversies relating to the annexation decree dated May 10, 1975, by which the Court ordered the annexation of a portion of Roanoke County to the City of Roanoke; and WHEREAS, the Boa.rd of Supervisors is of opinion that the firms hereinafter set out should be retained by Roanoke County to protect the County's interest unde the abovementioned Court decree. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that the law firm of Fitzgerald and Smith and the accounting firm of Daniel A. Robinson and Associates be, and they are hereby retained by said Boa.rd to protect, in whatever manner deemed to be necessary, the County's interests under the pro- visions of the annexation decree entered May 10, 1975. On motion of Supervisor Dodson and adopted by the folla.ving recorded vote: I AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tanpkins, Mrs. Johnson NAYS: None IN RE: RESOLUTION NO. 1472 AUTHORIZING THE EXECUTION OF A lEASE AGREEMENT BE'IWEEN THE COUNTY OF ROANOKE AND J:XWN'I'CMN EAST REALTY, INC. PROVIDING FOR THE RENTAL OF CERTAIN SPACE FOR COUNTY OFFICES. WHEREAS, the Board of Supervisors of Roanoke County has recognized the urgent need for temporary additional office space in the vicinity of the present Court- house in order to relieve the cra.vded conditions in the Courthouse until such time as a new administrative facility is developed; and WHEREAS, the County Executive has negotiated a lease providing for the rental of office space situate at the southeast corner of Main Street and College Avenue in the City of Salem; and WHEREAS, the Boa.rd of Supervisors of Roanoke County is of opinion that it I would be in the best interests of the County to enter into said lease agreement fo a term of three years at an annual rental to the County of $36,000 to be paid prio to occupancy, exlcusive of janitorial and utility service, said lease to be effec- tive for a term of three years comnencing October 15, 1976. NCW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, that said Board hereby approves the lease agreement between the County of Roanoke 4-13-76 .. 86 - - and DawntONIl East Realty, Inc., dated April 15, 1976; said lease providing for the rental by the County of approximately 8,8000 square feet of office space in a building situate at the southeast corner of Main Street and College Avenue in the City of Salem; the rental of said space to be $36,000 per year, exclusive of jani- I torial and utility service; occupancy to be given on or before October 15, 1976, said lease to contain other provisions which have been approved by the County Executive and the County Attorney. BE IT FURTHER RESOLVED that the Chairman and the Clerk be, and they are hereby authorized and directed to execute said lease on behalf of the Board of Supervisors of Roanoke County. On motion of Supervisor Hyers and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mrs. Johnson NAYS: Mr. Tompkins IN RE: RESOLUTION NO. 1473 AUI'HORIZING THE EMPLO'fl1ENT OF CONSULTANTS 'ill PREPARE A .MASTER PLAN FOR A COURTHOUSE JAIL AND ADMINISTRATIVE FACILITY FOR ROANOKE COUNTY. WHEREAS, the Board of Sunervisors of Roanoke County is aware of the urgent need for the construction of a jail, courthouse and administrative facility for I Roanoke County; and WHEREAS, the Board of Supervisors on March 15, 1976, executed an agreement with the City of Salem to provide for a joint jail facility; and WHEREAS, the Board is of opinion that consultants should be retained to forth wi th develop a rraster plan for the development of a courthouse, j ail and administrative facility; and WHEREAS, the Board is of opinion that the firm of Vosbeck, Vosbeck, Kendrick & Redinger is well qualified to preoare such a plan and that an agreement should be entered into with said firm prov;iding for said firm's preparation of master plan for the development of said facility. NCW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the County Executive be, and he is hereby authorized and directed to I enter into an agreement with Vosbeck, Vosbeck, Kendrick & -Redinger whereby said consultants agree to prepare a master plan for the develoanent of a courthouse, jail and administration facility; said agreement to provide, among its other provisions, that the consultants shall be canpensated by Roanoke County at a total cost not to exceed Twenty-tv-o Thousand Dollars ($22,000) without approval of the Board of Supervisors, as set out in said proposal dated April 2, 1976, said agree- ment to be otherwise in such form as approved by the County Attorney. ~. ~7' 4-13-76 AYES: NAYS: On motion of Supervisor Compton and adopted by the following recorded vote: Hr. Canpton, Hr. Hyers, Mrs. Johnson Mr. Dodson, Mr. Tompkins This concluded the business before the Board at this time, and on the motion of Supervisor Myers and the unanimous voice vote of the members, the meeting was adjourned at 10:45 p.m. I Chairman I I