HomeMy WebLinkAbout10/27/1992 - Regular
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October 27, 1992
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, virginia 24018
October 27, 1992
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
fourth Tuesday, and the second regularly scheduled meeting of the
month of October, 1992.
IN RE:
CALL TO ORDER
Chairman Eddy called the meeting to order at 3:00 p.m. The
roll call was taken.
MEMBERS PRESENT:
Chairman Lee B. Eddy, Vice Chairman Edward G.
KOhinke, Sr., Supervisors H. Odell "Fuzzy" Minnix,
Harry C. Nickens
MEMBERS ABSENT:
Supervisor Bob L. Johnson
STAPP PRESEN'l':
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Brenda J. Holton, Deputy
Clerk; John M.· Chambliss, Assistant - County
Administrator; Don M. Myers, Assistant· County
Administrator; Anne Marie Green,. Information
Officer
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October 27, 1992
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IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend R. Michael Meloy,
windsor Hills United Methodist Church. The Pledge of Allegiance was
recited by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OP AGENDA
ITEMS
Chairman Eddy added Executive Session Item 2.1-344 (a) (3)
discussion of disposition of publicly held real estate.
IN RE:
NEW BUSINESS
h
Annual Report from the Mental Health Services of thel
Roanoke Valley. (Rita Gliniecki. MHSRV)
The annual report was presented by Rita Gliniecki, Roanoke
County's appointee to the Mental Health Service of the Roanoke Valley
Board of Directors.
Mrs. Anna McDaniel, citizen, spoke on the
benefits of the services for her family. Dr. Fred Roessel, Executive
Director, MHSRV, was also present~
h Reconsideration.· of ReQUest to Upqrade the Hewlett
Packard Computer Svstem.(Oscar Bryant. Director. MIS)
A-102792-1
Supervisor Nickens
moved to reconsider the request. tQ
The motion carried by the fOnOWingl
upgrade the computer system.
recorded vote:
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October 27, 1992
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AYES:
NAYS:
ABSENT:
Supervisors KOhinke, Minnix, Nickens, Eddy
None
Supervisor Johnson
Mr. Bryant advised that new computer equipment' with twice
the power can now be purchased at 25% of the cost of the current
equipment and there is an additional savings of approximately $620 per
month for hardware and software maintenance. There would be no
additional funds required in the current year, with a total of
$119,641 included in future budget requests.
Mr. Bryant advised that the number of users on the system
has grown from 50 in 1990 to 110 in 1992. This causes limitations to
be placed on the number of concurrent users to assure adequate
response, and some users àre requested to sign off to allow access for
critical applications.
Supervisor Nickens moved to approve replacement of the
current Hewlett Packard System after taking advantage of trade-ins
offered by HP with the balance of $100,297 appropriated from the
current unappropriated fund balance. The motion carried by the
following recorded vote:
AYES: Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS: None
ABSENT: Supervisor Johnson
Following the disposition of the last item of New Business,
Mr. Hodge requested that the Board reconsider this item to clarify the
appropriation necessary for replacement. Ms. Reta Busher, Director of
Management & Budget, advised that HP requires that the current lease
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October 27, 1992
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be paid off to take advantage of the trade-in opportunity.
Supervisor Nickens amended his motion to change the amount
appropriated from the current unappropriated fund balance to $126,281
which would include payoff of the current lease purchase. The motion
carried by the following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
h Reauest to NotifY Property Owners of Proposed Zoninq
Map Chanqes.
(Terry Harrinqton. Director. Planninq &
z~i~) I
Mr. Harrington advised that due to the potential impact on
property owners, it has been suggested that each County property owner
be notified by mail of the proposed zoning map changes.
There are
approximately 39,000 parcels of real estate in the County.
It is
estimated that the cost for the mailing and additional part-time staff
would be approximately $14,50Ò, and funds could be allocated from the
unappropriated fund balance.
Mr. Harrington discussed six options for providing this
notification to the property owners.
These were (1) General notice
before adoption; (2) General notice after adoption; (3) Old and new
zoning (all owners) 100%; (4) Old and new zoning (affected owners)
60%; (5) New zoning after adoption (100%); and (6) No direct. notice.
staff recommends option (5) which would not delay the zoning maps, and II
is estimated to be done February, 1993.
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October 27, 1992
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Supervisor Nickens moved to table the item. The motion was
withdrawn with no vote in order to allow further discussion.
Supervisor Kohinke moved to table the item. The motion
carried by the following recorded vote:
AYES: Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS: None
ABSENT: Supervisor Johnson
h.
ReQUest
Franklin
for Approval of Mutual Aid
County. (Thomas C. FUQUa.
Aqreement with
Chief. Fire &
Rescue)
A-102792-2
I Chief Fuqua advised that there has been a long-standing
verbal agreement between Roanoke County and Franklin county to provide
fire and rescue response upon request. Since Roanoke County has set a
goal of obtaining a written mutual aid agreement with all surrounding
localities, he requested approval of a written mutual aid agreement
between Roanoke county and Franklin County.
Supervisor Kohinke moved to approve the mutual aid
agreement. The motion carried by the following recorded vote:
AYES: Supervisors KOhinke, Minnix, Nickens, Eddy
NAYS: None'
ABSENT: Supervisor Johnson
II
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Reauest to Imnlement the Comprehensive services Act and
Authorize and Appoint members to the
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October 27, 1992
(John ~
Mul ti iurisdictional Policy and Manaqement Team.
Chambliss. Assistant County Administrator)
A-102792-3
Mr. Chambliss advised that the 1991 Session of the General
Assembly adopted the "Comprehensive Services Act for At-Risk Youth and
Families" which is intended to create a collaborative system of
services and fundings that is child-centered, family-focused and
community-based.
The Act requires that each communi ty establish a
policy and management team to receive the funds. The Act is mandated
by the State and the actual operating budget appropriation will be
made in June, 1993.
Mr. Chambliss advised that although the intent was fori
Roanoke County and the City of Salem to establish a multi-
jurisdictional policy and management team, the City of Salem now
advises that they will establish their own team.
Mr. Chambliss
requested that the team's name be changed to Roanoke County's Policy
and Management Team instead of the Multi-Jurisdictional pOlicy and
Management Team.
Mr. Chambliss requested that the following persons be
appointed to the team: Dr. Betty McCrary, Dr. Margaret Hagan, Michael
Lazzuri, Melissa Hays-Smith, Chief John Cease, Dr. Eddie Kolb, Diane
Hyatt, Joe Obenshain, Jerry L. Canada, Herb Beskar, John Chambliss,
(
Jr., Beverly Waldo, and Kathy Fusco.
Supervisor Eddy moved to establish the team, appoint the
County's representation, and change the title to County's Policy and II
Management Team. The motion carried by the fOllowing recorded vote:
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October 27, 1992
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AYES:
Supervisors Minnix, Nickens, Eddy
NAYS:
ABSENT:
Supervisor Kohinke
Supervisor Johnson
~ Reauest for Approval of Chanqe Order No. 9 and
Associated Enqineerinq Costs for the SDrinq Hollow
Reservoir contract. (Clifford Craiq. utility Director)
A-102792-4
Mr. Craig requested approval of Change Order No. 9 in the
amount of $1,186,843.40 for material and construction required for the
reservoir grouting, and $79,000 for engineering services. There was
no discussion.
II Supervisor Nickens moved to approve Change order No.9. The
motion carried by the following recorded vote:
AYES: Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS: None
ABSENT: Supervisor Johnson
L.. Reauest for Desiqnation of Votinq Deleqate for . the
Virqinia Association of counties' Business Meetinq.
November 10. 1992. (Elmer C. Hodqe. County
Administrator>
A-102792-S
II
Mr. Hodge requested that the Board designate a member to
serve as voting delegate é!-t the Virginia Association of Counties'
business meeting on November 10, 1992. This designation needs to be
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October 27, 1992
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returned to VACo by November 1, 1992.
Supervisor Nickens moved to designate Supervisor Minnix as
voting delegate and Supervisor Kohinke as alternate. The motion was
withdrawn with no vote.
Supervisor Kohinke moved to designate Supervisor Minnix as
voting delegate, and Mr. Hodge as alternate. The motion carried by the
following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
h
Request from Conqressman Boucher for County ADDointee I
to Serve on the Not-for-Profi t Corporation Southwest
DeveloDment Financinq. Inc. (Elmer c. Hodge. County
Administrator)
A-102792-6
Mr. Hodge advised that Congressman Boucher had requested the
appointment of either an elected official. or a member of the County
staff to serve on the Southwest Development Financing, Inc., a not-
for-profit corporation to make available low-interest loans for local
tourism development purposes. The corporation will be controlled by
the 23 counties and cities in the Ninth Congressional District.
Supervisor Nickens moved to designate Timothy R. Gubala,
Director, Economic Development as the County's appointee on the
Southwest Development Financing, Inc. Supervisor Kohinke expressed II
his desire to bè appointed because he now lives in the Ninth District.
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October 27, 1992
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Supervisor Nickens withdrew his motion with no vote.
Supervisor Kohinke moved to designate Supervisor Kohinke as
the County's appointee to serve on the Southwest Development
Financing, Inc. The motion carried by the following recorded vote:
AYES: Supervisors KOhinke, Minnix, Nickens, Eddy
NAYS: None
ABSENT: Supervisor Johnson
IN RE:
REQUESTS FOR WORK SESSIONS
h Request for Work Session on November 17. 1992 to
Discuss the 1993-94 Budqet Process.
I Supervisor Nickens moved to set the work session for
November 17, 1992. The motion carried by a unanimous voice vote with
Supervisor Johnson absent.
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IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING
ORDINANCES - CONSENT AGENDA
Supervisor Nickens moved to approve the first reading an~
set the second reading for November 17, 1992. The motion carried by
the following recorded vote:
AYES: Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS: None
ABSENT: Supervisor Johnson
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h
October 27, 1992
An Ordinance to Eliminate conditions on a 1.19 Acre~
Parcel Zoned M-l Conditional. Located at 6560
Commonwealth Drive. Cave sDrinq Maqisterial District
UDon the Petition of Carlen controls. Inc.
h An Ordinance to Rezone 4.65 Acres from M-2 to A-l to
Construct a Church. Located at 8364 Bent Mountain Road.
windsor Hills Maqisterial District. UDon the Petition
of Back Creek BaDtist Fellowship.
h An Ordinance to Rezone ADDroximatelY 15.38 Acres from
M-2 to B-2 and Obtain a SDecial Exception Permit to
ODerate a Golf Drivinq Ranqe and Golf Learninq Center
Located on the East Side of Hollins Road and North of
Carvin creek. Hollins Maqisterial District. UDon the
Petition of Wayne Hollev.
IN RE:
SECOND READING OP ORDINANCES
h
An Ordinance
Authorizinq the
convevance and/or I
of Real Estate or
AcceDtance of
certain Parcels
Easements in Connection with the Hollins community
DeveloDment proiect. (Paul Mahoney. County Attorney)
0-102792-7
There was no discussion and no citizens spoke on the
ordinance.
Supervisor Kohinke moved to adopt the ordinance.
The
motion carried by the following recorded vote:
AYES: Supervisors KOhinke, Minnix, Nickens, Eddy
NAYS: None
ABSENT: Supervisor Johnson
ORDINANCE 10-27-92-7 AUTHORIZING CONVEYANCE AND/OR II
ACCEPTANCE OP CERTAIN PARCELS OF REAL ESTATE OR EASEMENTS IN
CONNECTION WITH THE HOLLINS COMMUNITY DEVELOPMENT PROJECT
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October 27, 1992
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WHEREAS, the Hollins Community Development Project has involved
acquisition by the County of water and sewer easements and parcels of
land for the road improvements, which are described by parcel number,
with reference to the project plans, and by tax map number; and,
WHEREAS, it is in the best interests of the individual property
owners and the County to take the necessary steps, where a question
arises, to resolve and clarify any discrepancies or lack of
specificity by entering into the appropriate legal instruments for
such purpose, which involves conveyance and/or acceptance of the
respective interest in real estate.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
I 1. That pursuant to the provisions of Section 18. 04 of the
Roanoke County Charter, the acquisition and disposition of real. estate
can be authorized only by ordinance. A first reading of this
ordinance was held on October 13, 1992; and a second reading was held
on October 27, 1992; and,
2. That with reference to the provisions of Section 16.01 of
the Charter of Roanoke County, the interests in real estate to be
conveyed and/or accepted are solely for purposes of resolution and
clarification, and do not involve the disposition or acceptance of any
additional real estate; and,
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3. That the County Administrator is hereby authorized to
execute such documents and take such actions as may be necessary to
convey and/or accept certain parcels of real estate or easements in
order to clear any title discrepancies and to clarify legal
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October 27, 1992
descriptions
in connection with the Hollins
Community
Development ~
Project, all of which shall be on form approved by the County
Attorney.
On motion of Supervisor Kohinke to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
h An Ordinance Authorizinq the County Administrator to
Grant the Riqht to Use a County Sanitary Sewer Easement
for Private Sanitary Sewer Service bv Property Owners. I
(Paul Mahonev. County Attornev)
0-102792-8
Mr. Mahoney advised that at the October 13, 1992 meeting the
Board asked about the possibility of seeking fair-market compensation
for use of easements and rights-of-way. Mr. Mahoney reported that he.
is currently surveying surrounding localities on their practices and
procedures and will report back to the Board at a later date. He
reminded the Board that they chose to grant this request at the first
reading of the ordinance without compensation.
Supervisor Kohinke moved to adopt the ordinance granting the
right to use the sanitary sewer easement for private sewer service.
The motion carried by the following. recorded vote:
AYES:
Supervisors KOhinke, Minnix, Nickens, Eddy
II
NAYS:
None
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October 27, 1992
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ABSENT:
Supervisor Johnson
ORDINANCE 102792-8 AUTHORIZING THE COUNTY ADMINISTRATOR TO
GRANT THE RIGHT TO USE A COUNTY SANITARY SEWER EASEMENT POR
PRIVATE SANITARY SEWER SERVICE BY PROPERTY OWNERS
WHEREAS, Lube Ventures Real Estate Company, L.P., a Virginia
limited partnership, John J. Davis, Jr., and Jones Investment
Ventures, a Virginia general partnership, are the owners of certain
parcels of land located on Peters Creek Road, N.W., in the County of
Roanoke, Virginia; and,
WHEREAS, Roanoke County has an existing 15' sanitary sewer
easement running 5' from and parallel with the northwest property
lines of said parcels; and,
WHEREAS, the property owners need to acquire a 10' private sewer
easement within the public easement in order to provide service to the
properties; and,
WHEREAS, the proposed private easement does not conflict with the
present or proposed County use of the existing sanitary sewer
easement; and,
WHEREAS, pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, a first reading of this ordinance was held
on October 13, 1992; and a second reading was held on October 27,
1992.
THEREFORE BE IT ORDAINED by the Board of Supervisors of the
County of Roanoke, Virginia as follows:
1. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the subj ect private easement does not
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October 27, 1992
conflict with the specified public use of the easement, the form of
the real estate interest in the subject sanitary sewer easement
renders it unacceptable and unavailable for other public uses, and is
hereby declared to be surplus; and,
2. That conveyance to Lube Ventures Real Estate Company, L.P.,
a Virginia limited partnership, John J. Davis, Jr., and Jones
Investment Ventures, a Virginia general partnership, of a 10' private
sanitary sewer easement within the existing 15' public sanitary sewer
easement, as shown upon the Easement Plat dated July 8, 1992, made by
Balzer and Associates, Inc., a copy of which is attached hereto, is
hereby authorized.
3. That the County Administrator is hereby authorized to
execute such documents and take such actions on behalf of Roanoke I
County as may be necessary to accomplish the conveyance, all of which
shall be on form approved by the County Attorney.
On motion of Supervisor Kohinke to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
h An Ordinance to Authorize the Acquisition of a 13.74
acre Tract of Land from Roqer E. and Sharon M. Vest.
(Clifford craiq. utility Director)
There was
no
discussion
and
no
citizens
spoke
the II
0-102792-9
on
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October 27, 1992
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ordinance'.
Supervisor Nickens moved to adopt the ordinance.
The
motion carried by the following recorded vote:
AYES: Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS: None
ABSENT: Supervisor Johnson
ORDINANCE 102792-9 AUTHORXZXNG THE ACQUISITION OP
13.74 ACRES OP REAL ESTATE FROM ROGER AND SHARON
VEST, AND AN APPROPRIATXON OP PUBLIC FUNDS
TJlEREPOR
WHEREAS, the first reading of this ordinance was held on October
13, 1992, and the second reading of this ordinance was held on October
27, 1992,' and,
WHEREAS, the Board has determined that the acquisition of this
real estate is in the public interest and is necessary for the
provision of public utility services, the drilling and construction of
wells to provide potable water to the citizens of this portion of the
County, and,
WHEREAS, the Board has determined that the acquisition of this
real estate may serve other incidental public purposes, namely, for
the park and recreational needs of the citizens of the County.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF' SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA:
1) That the acquisition of that certain tract of. real estate
containing 13.74 acres and identified as Tax Map No. 95.01-1-46, and
located on State Route 221 from Roger E. and Sharon M. Vest is hereby
authorized and approved.
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2)
That there is
October 27, 1992
hereby appropriated the sum of $50,000.00 from~
the utility Fund for the purpose of acquiring said real estate, and
for the expenses of acquisition.
3) That the County Administrator is authorized to execute such
documents and to take such actions as may be necessary to accomplish
the purposes of this ordinance, all upon approval as to form by the
County Attorney.
4) That this ordinance shall be in full force and effect from
and after October 27, 1992.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
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NAYS:
None
ABSENT:
Supervisor Johnson
:IN RE:
CONSENT AGENDA
R-102792-10
Supervisor Minnix moved to adopt the Consent Resolution.
The motion carried by the following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
RESOLUTION 102,792-10 APPROVING AND CONCURRING IN CERTAIN II
ITEMS SET FORTH ON THE BOARD OP SUPÈRV:ISORS AGENDA FOR TH:IS
DATE DESIGNATED AS ITEM K - CONSENT AGENDA
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October 27, 1992
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BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. that the certain section of the agenda of the Board of
Supervisors for October 27, 1992 designated as Item
K - Consent
Agenda be, and hereby is, approved and concurred in as to each item
separately set forth in said section designated Items 1 through 4,
inclusive, as follows:
1. Approval of Minutes - August 25, 1992, September 8,
1992, and September 22, 1992.
2. Approval of Raffle Permit from the Roanoke Moose Lodge
No. 284 Fellowship Degree.
3. Approval of Raffle Permit from the Marine Corps Reserve
Toys for Tots Program.
4.
Authorization to Pay Legal Fees to Cover Litigation
with Grumman Emergency Products, Inc.
2. That the Clerk to the Board is hereby authorized and
directed where required by law to set forth upon any of said items the
separate vote tabulation for any such item pursuant to this
resolution.
On motion of Supervisor Minnix to adopt the Consent
Resolution, and carried by the following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
IN RE:
REPORTS AND INQUIRIES OP BOARD MEMBERS
Supervisor Nickens: (1) He asked if the staff had contacted
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October 27, 1992
carilion Health Care system about the charges for giving the hepatitis~
vaccine as he previously requested.
He also asked if the fire &
rescue vol unteers were covered under the program, and Mr. Hodge
advised that they were covered. He requested that staff bring back a
report on the added cost to fund the vaccine from the unappropriated
fund balance instead of using the volunteer's emergency funds to give
the vaccine. (2) He cut up his MCI telephone calling credit card.
Supervisor Kohinke: (1) He reported on the October 22, 1992
Fifth Planning District Commission meeting he attended as follows:
(a) The resolution to oppose Lake Gaston Project was tabled until
January.
(b)
Individual users will be charged for technical
services. (c) The Secretary of Economic Development spoke. (d)1I
They were updated on services for the community. (2) He requested
feedback from the Board and a report from staff on offering childcare
as a benefit to employees. Mr. Hodge will bring back a report.
Supervisor Minnix: (1) He attended the VML meeting October
18 - 20, 1992, in Hampton and will share some ideas at the work
session scheduled on budget.
(2) He was not impressed with the book
"America, What Went Wrong" which was discussed at a VML session.
Supervisor Eddv:
(1) He reported that he had received the
bond referendum brochure in the mail today.
(2) He advised that the
editorial staff of the Roanoke Times & World-News had endorsed the
C9unty bond referendum. (3) He advised that the first meeting of the
Windsor Hills Advisory Council was held last Wednesday with 16
members. II
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October 27, 1992
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IN RE:
REPORTS
Supervisor Minnix moved to receive and file the following
reports.
The motion carried by a unanimous voice vote with
Supervisor Johnson absent.
h General Fund UnaDDroDriated Balance
h Capital Fund UnaPDroDriated Balance
h Board Continqencv Fund
~ statement of Revenue and Expenditures as of SeDtember
30.1992.
h ReDort on the 1991 Water Proiects
~ ReDort on the Roanoke Valley Resource Authori tv Solid
Waste Facilities.
L..
ReDort on Request from Literacv Volunteers of America
for' Surplus comDuter.
IN RE:EXECUTIVE SESSION
At 4:50 p.m., Supervisor Nickens moved to go into Executive
Session pursuant to the Code of Virginia Section 2.1-344 A (7)
Consultation with legal counsel and briefings by staff members
pertaining to specific litigation, water contract with the City of
Roanoke; (3) To discuss the disposition of pUblicly-held real estate;
and (3) To discuss the acquisi tion of real estate.
carried by the following recorded vote:
The motion
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
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October 27, 1992
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IN RE:
CERTIPICATION OF EXECUTIVE SESSION
R-102792-11
At 6:45 p.m., Supervisor Nickens moved to approve the
Certification Resolution.
The motion carried by the following
recorded vote:
AYES:
Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ABSENT:
Supervisor Johnson
RESOLUTION 102792-11 CERTIPYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant to ani
affirmative recorded vote and iri accordance with the provisions of The
virginia Freedom of Information Act; and
WHEREAS, section 2.1-344.1 of the Code of Virginia requires
a certification by the Board of Supervisors of Roanoke County,
virginia, that such executive meeting was conducted in conformity with
Virginia law.
NOW,
THEREFORE,
BE IT RESOLVED,
that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that, to the
best of each members knowledge:
1. Only public business matters lawfully exempted from open
meeting requirements by Virginia law were discussed in the executive
meeting which this certification resolution applies, and
2. Only such public business matters as were identified inll
the motion convening the executive meeting were heard, discussed or
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October 27, 1992
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considered by the Board of Supervisors of Roanoke County, Virginia.
On motion of Supervisor Nickens to adopt the certification
resolution, and carried by the following recorded vote:
AYES: Supervisors Kohinke, Minnix, Nickens, Eddy
NAYS: None
ABSENT: Supervisor Johnson
IN· RE: RECONVENEMENT
Chairman Eddy reconvened the meeting at 7:00 p.m. and
advised that Supervisor Nickens was absent.
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
h Ordinance Amendinq and Reenactinq Chapter 13. Offenses-
Miscellaneous. bv addinq Article II. Noise. and by
Deletinq Section 13-3. Noise. of the Roanoke county
Code. (Paul M. Mahonev. County Attornev)
0-102792-12
Mr. Mahoney advised that this ordinance would parallel ones
recently adopted by the City of Roanoke and the Town of Vinton. The
PUblic Safety Team attempted to develop the clearest and most
enforceable ordinance possible to meet the concerns of the citizens. A
violation of either the specific or general noise disturbance
prohibi tions would constitute a Class 1 misdemeanor punishable by a
maximum fine of $2,500 or by confinement in j ail for more than 12
months, or by both fine and confinement.
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82 1
Mr. Mahoney
October 27, 1992
described the exceptions to the noise ordinance~
and the procedure for applying to the Board for a waiver.
Pamela Prather. 2315 Bridle Lane, spoke in opposition to the
noise ordinance because she felt that it was too all-encompassing and
that a violation should not be a criminal misdemeanor.
After some discussion, Supervisor Kohinke moved to adopt the
ordinance. The motion carried by the following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisors Johnson, Nickens
ORDINANCE 102792-12 TO AMEND AND REENACT CHAPTER
13, OPFENSES-MIScELLANEOUS,~BY ADDING ARTICLE II,
NOISE, AND BY DELETING SEC. 13-3, NOISE, OP THE
ROANOKE COUNTY CODE
I
WHEREAS , excessive noise can be detrimental to the health
and welfare of the citizens of Roanoke County and can degrade the
quality of life which the citizens of this County seek to enjoy; and
WHEREAS, the first reading of this ordinance occurred on
September 22, 1992, and the second reading of this ordinance occurred
on October 27, 1992.
BE IT ORDAINED by the Board of Supervisors of the County of
Roanoke, Virginia, as follows:
1.
That Chapter 13,
"Offenses-Miscellaneous" be amended and
reenacted by the addition of Article II, "Noise" , as follows:
sec. 13-16. Short Title. . II
This Article shall be known as the "Noise Ordinance of the County
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October 27, 1992
822- .
of Roanoke, virginia."
Sec. 13-17. Declaration of Policy.
It is hereby declared to be the public policy of the County o~
Roanoke to promote an environment for its citizens free from excessive
noise that jeopardizes their health or welfare or degrades the quality
of life within Roanoke County.
Sec. 13-18. Definitions.
The following words and phrases, when used in this Article shall
have the meaning assigned to them in this section.
Emergency work shall mean work made necessary to restore
property, public or private, to a safe condition following a state of
emergency or a local emergency as defined by the Commonwealth of
Virginia Emergency Services and Disaster Law of 1973, Chapter 3.2 of
Title 44 of the Code of Virginia, 1950, as amended, or its successor,
or work required to protect persons or property from immediate
exposure to danger, including work performed by the Roanoke County
utility Department or by public service companies when emergency
inspection, repair of facilities or restoration of services is
required for the immediate health, safety or welfare of the community.
Motor vehicle shall mean a self-propelled vehicle including
passenger cars, trucks, truck-trailers, semitrailers, campers, racing
vehicles, and any motorcycles (including, but not limited to, motor
scooters, mini-bikes, all-terrain vehicles and three-wheelers) as
defined in § 46.2-100 of the Code of Virginia.
Noise disturbance means any sound which (a) endangers or injures
the safety or health of any person; (b) annoys or disturbs a
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82 j October 27, 1992
reasonable person of normal sensitivities: or (c) endangers or injures ~
personal or real property.
Person shall mean any individual, corporation, cooperative,
partnership, firm, association, trust, estate, private institution,
group, agency or any legal successor, representative, agent or agency
thereof.
Sec. 13-19. Exceptions from this Article.
The provisions of this Article shall not apply to:
(1) The emission of sound for the purpose of alerting persons
to the existence of an emergency or to the emission of sound in
the performance of emergency work;
(2)
Music, bells, chimes or other sounds which are emanating
a church, temple, synagogue or other place of worship: II
Sound generated from school or County sponsored athletic or
from
(3)
recreational events; -
(4) Sound generated by activities which are an official or
approved part of any County or State approved or licensed
festival or activity, provided such exemption shall terminate at
10:00 p.m.;
(5) Sound generated in commercial and industrial zoning
districts which are necessary and incidental to the uses
permitted therein; and
(6) Sound for which a variance has been granted in accordance
with Sec. 13-23 of this Article.
In addition to the specific
prohibitions
contained
this II
Sec. 13-20. General Prohibition.
in
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October 27, 1992
824
Article, no person shall make, continue, permit, or cause to be made,
continued or permitted any noise disturbance within the County.
Sec. 13-21. specific Acts as Noise Disturbances.
The following acts are' declared to be noise disturbances in
violation of this Article. The acts so specified shall not be deemed
to be an exclusive enumeration of those acts which may constitute a
noise disturbance under Sec. 13-20 and provided that the acts so
specified below may still constitute a noise disturbance under Sec.
13-20 independently of the hours of the day such acts take place.
(1) Engaging in, or operating or causing to be operated any
equipment used in the construction, repair, alteration or
demolition of buildings, streets, roads, alleys or appurtenances
thereto between the hours of 10:00 p.m. and 7:00 a.m. the
following day.
(2) Repairing, rebuilding or modifying any motor vehicle or
other mechanical equipment or device between the hours of 10:00
p.m. and 7: 00 a.m. the following day in a manner so as to be
plainly audible across property boundaries.
(3) Loading or unloading trucks outdoors within 100 yards of a
residence between the hours of 10: 00 p.m. and 7: 00 a.m. the
following day.
(4) Sounding the horn or warning device of a vehicle, except
when necessary as a warning during the operation of the vehicle.
(5) Operating or permitting the use or operation of any radio
receiving set, musical instrument, television, phonograph or any
other device for the production of sound, between the hours of
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825
October 27, 1992
10:00
p.m.
and
7:00 a.m. the following
day,
at
a
volume ~
sufficient to be plainly audible across property boundaries or
through partitions common to two residences within a building or
plainly audible at 50 feet from such device.
(6) Using or operating a loudspeaker or other sound amplifi-
cation devices in a fixed or movable position exterior to any
building, or mounted upon any motor vehicle or mounted in the
interior of a building with the intent of providing service to an
exterior area for the purpose of commercial advertising, giving
instruction, information, directions, talks, addresses, lectures,
or providing entertainment to any persons or assemblage of
persons on any private or public property, between the hours
10:00 p.m. and 7:00 a.m. the following day.
of I
(7) Using or operating any motor vehicle without factory
installed mufflers or their equivalent, on any public street or
road in the county or on private property wi thin a residential
zoning district.
(8) Using a radio receiving set, an audio cassette player, a
compact disc player, or other device for the production of sound
in a motor. vehicle at a volume sufficient to be plainly audible
at 50 feet from such vehicle.
(9) Failure to deactivate an alarm system plainly audible at 50
feet from such alarm within such reasonable time as is
established by Sec 16-23 of this Code.
Sec. 13-22. Penalties.
A violation of any provision of this Article shall constitute
I
a
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October 27, 1992
826 .;'
Class 1 misdemeanor. Each separate act on the part of the person
violating this Article shall be deemed a separate offense, and each
day a violation is permitted to continue unabated shall constitute a
separate offense.
Sec. 13-23. Undue Hardship waiver.
(a) Any person responsible for a noise source may apply to the
Board of Supervisors for a waiver, or partial waiver, from the
provisions of this Article. The Board of Supervisors may grant such
waiver, or partial waiver, upon a finding that either of the following
circumstances exists:
(1) The noise does not endanger the public health, safety or
welfare; or
(2) Compliance with the provisions of this Article from which a
waiver is sought would produce serious economic hardship without
producing substantial benefit to the public.
(b) In determining whether to grant such waiver, the Board of
Supervisors shall consider the time of day the noise will occur, the
duration of the noise, whether the noise is intermittent or
continuous, its extensiveness, the technical and economic feasibility
of bringing the noise into conformance with this Article and such
other matters as are reasonably related to the impact of the noise on
the health, safety and welfare of the community and the degree of
hardship which may result from the enforcement of the provisions of
this Article.
(c) No waiver, or partial waiver, issued pursuant to this
Article shall be granted for a period to exceed one year, but any such
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8 21 v
waiver,
October 27, 1992
or partial waiver may be renewed for successive like periods~
if the Board of Supervisors shall find such renewal is justified after
again applying the standards set forth in this Article. No renewal
shall be granted except upon written application therefor.
2. That Sec. 13-3. "Noise" of the Roanoke County Code is hereby
repealed.
3. That this Ordinance shall be in effect from and after November 1,
1992.
On motion of Supervisor Kohinke to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisors Johnson, Nickens
I
h An Ordinance to Vacate and Close a 50 Foot UnimDroved
and Unnamed Riqht-of-Wav Located in the Skvview
SUbdivision. catawba Maqisterial District. UDon the
Detition of William H. and Norma J. Musselman. (Arnold
Covey. Director. Enqineerinq & InsDections)
0-102792-13
Mr. Harrington advised that Mr. and Mrs. Musselman are
re~esting the vacation of the unimproved and unnamed 50 foot right-
of-way. between the intersections of Shirley Road and Eddies Road, as
shown on the plat of the Skyview Subdivision. Mr. and Mrs., Musselman
are the owners of most of the property surrounding the right-of-way II
including the property on both sides of the road.
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October 27, 1992
8 2 8 .;~
Mr. Harrington reported that the County staff has no
objections to the vacation with the condition that the County retain
the right-of-way delineated on the map which would be necessary to
provide appropriate turnarounds in the future.
There were no citizens to speak on this ordinance.
Supervisor Kohinke moved to adopt the ordinance-. The motion
carried by the following recorded vote:
AYES: Supervisors Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisors Johnson, Nickens
ORDINANCE 102792-13 VACATING AND CLOSING A 50-FOOT
UNIMPROVED AND UNNAMED RIGHT-OF-WAY LOCATED IN THE
SKYVIEW SUBDIVISION (PB 3, PAGE 80), CATAWBA
MAGISTERIAL DISTRICT
WHEREAS, William H. and Norma J. Musselman, the petitioners, have
requested the Board of Supervisors of Roanoke County, Virginia to
vacate and close a 50-foot unimproved and unnamed right-of-way located
in the Skyview Subdivision between Lot 10 and Lot 39; and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as
amended, requires that such action be accomplished by the adoption of
an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section 15.1-431 of
the 1950 Code of Virginia, as amended, and a first reading of this
ordinance was held on October 13, 1992; the public hearing and second
reading of this ordinance was held on October 27, 1992.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
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82 9
1.
That a portion
October 27, 1992
of a 50-foot unimproved and unnamed right-of-~
way approximately 140 feet long located in the Skyview Subdivision
between Lot 10 and Lot 39 and dedicated to Roanoke County by plat of
Skyview Subdivision found in Plat Book 3 at page 80 in the Office of
the Clerk of the circuit Court of Roanoke County, be, and .hereby is,
vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia,
as amended; and,
2. That as a condition of the adoption of this ordinance, the
County reserves and retains a property interest in 0.028 acres located
at both ends of the 50-foot right-of-way for possible future use as
turnarounds should Shirley Road and Eddies Road become eligible for
acceptance into the Virginia Department of Transportation secondary I
system; and,
3. That this ordinance shall be in full force and effect thirty
(30) days after its final passage.
All ordinances or parts of
ordinances in conflict with the provisions of this ordinance be, and
the same hereby are, repealed.
4. That william H. and Norma J. Musselman shall record a certi-
fied copy of this ordinance and plat with the Clerk of the Circuit
Court and shall pay all fees required to accomplish this transaction.
On motion of Supervisor Kohinke· to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisors Johnson, Nickens
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October 27, 1992
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h An Ordinance to Vacate a 20 Foot Drainaqe Easement
Located on the Property Lines of Lots 21. 22. 23. 24.
and 25. in the Orchards. ADPlewood. section 7. Hollins
Maqisterial District. UDon the Detition of F & W commu-
nitv Development Corporation. (Arnold Covey. Director.
Enqineerinq & InSDections)
0-102792-14
Mr. Harrington advised that F & W Communi ty Development
Corporation is requesting the vacation of approximately 479 linear
feet of a 20 foot drainage easement. The County staff has no
objections to this vacation. There were no citizens to speak on this
ordinance.
Supervisor Minnix moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors KOhinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisors Johnson, Nickens
ORDINANCE 102792-14 VACATING A 20-FOOT DRAINAGE
EASEMENT LOCATED ON THE REAR PROPERTY LINE OF LOTS
21, 22, 23, 24, AND 25 IN THE ORCHARDS, APPLEWOOD,
SECTION 7, HOLLINS MAGISTERIAL DISTRICT
WHEREAS, F & W Community Development Corporation has requested
the Board of Supervisors of Roanoke County, Virginia to vacate approx-
imately 479 linear feet of a twenty (20') foot drainage easement which
is located on Lots 21, 22, 23, 24, and 25 of the Orchards, Applewood,
Section 7 in the Hollins Magisterial District as shown in Plat Book
13, at page 73 of record in the Clerk's Office of the Roanoke County
....1
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October 27, 1992
~
Circuit Court; and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as
amended, requires that such action be accomplished by the adoption of
an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section 15.1-431 of
the 1950 Code of Virginia, as amended, and a first reading of this
ordinance was held on October 13, 1992; the second reading and public
hearing of this ordinance was held on October 27, 1992.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That approximately 479 linear feet of a twenty (20') foot
drainage easement located on the rear property line of Lots 21, 22'11
23, 24, and 25 in the Orchards, Applewood, Section 7 (PB 13, page 73)
in the Hollins Magisterial District be, and hereby is, vacated pursu-
ant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended:
and,
2. That this ordinance shall be in full force and effect thirty
(30) days after its final passage.
All ordinances or parts of"
ordinances in conflict with the provisions of this ordinance be, and
the same hereby are, repealed.
3. That F & W Community Development Corporation shall record a
certified copy of this ordinance and plat with the Clerk of the
Circuit Court and shall pay all fees required to accomplish this
transaction and in addition, shall be responsible for all costs andll
expenses associated herewith.
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October 27, 1992
832
4. That as a further condition to the adoption of this ordi-
nance, the Board of Supervisors of Roanoke County, Virginia, shall be
indemnified of and held harmless from and against all claims for
damages to any improvements or structures within the old easement area
by F & W Community Development Corporation, its heirs, successors, or
assigns.
On motion of Supervisor Minnix to adopt the ordinance, and
carried by the fOllowing recorded vote:
AYES: Supervisors Kohinke, Minnix, Eddy
NAYS: None
ABSENT: Supervisors Johnson, Nickens
.L. An Ordinance to Rezone 3.09 Acres from R-5 to R-l to
Construct Sinqle FamilY Homes. Located at the Intersec-
tion of Buck Mountain and Starkey Roads. Cave SDrinq
Maqisterial District. UDon the Petition of Palm Hermit-
aqe Corporation. (Terry Harrinqton. Director. Planninq
& Zoninq)
0-102792-15
Mr. Harrington advised that Palm Hermitage Corporation has
requested this rezoning to construct single family homes at the
intersection of Buck Mountain and Starkey Roads. There are two
proffered conditions and the Planning Commission recommended approval.
There were no citizens to speak on this ordinance.
Supervisor Minnix moved to adopt the ordinance. The motion
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833
October 27, 1992
~
carried by the following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisors Johnson, Nickens
ORDINANCE 102792-15 TO CHANGE THE ZONING CLASSIFI-
CATION OF A 3.09-ACRE TRACT OP REAL ESTATE LOCATED
AT THE INTERSECTION OP BUCK MOUNTAIN AND STARKEY
ROADS (T~ MAP NO. 97.07-2-80) IN THE CAVE SPRING
MAGISTERIAL DISTRICT FROM THE ZONING CLASSIPICA-
TION OF R-5 TO THE ZONING CLASSIPICATION OF R-l
WITH CONDITIONS UPON THE APPLICATION OF PALM HER-
MITAGE CORPORATION
WHEREAS, the first reading of this ordinance was held on Septem-
ber 22, 1992, and the second reading and public hearing was held
October 27, 1992; and,
WHEREAS, the Roanoke County Planning Commission held a public I
hearing on this matter on October 6, 1992; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of supervisors of Roanoke County,
Virginia, as follows:
1. That the zoning classification of a certain tract of real
estate containing 3.09 acres, as described herein, and located at the
intersection of Buck Mountain and Starkey Roads, (Tax Map Number
97.07-2-80) in the Cave Spring Magisterial District, is hereby changed
from the zoning classification of R-5, Townhouse District, to the
zoning classification of R-1, Single Family Residential District.
2. That this action is taken upon the application of
Palm II
Hermitage Corporation.
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October 27, 1992
834
3. That the owner has voluntarily proffered in writing the
following conditions which the Board of Supervisors hereby accepts:
a. No d~iveways for residences shall enter from Buck
Mountain Road.
4.
b. No street developed on this property will be extended
to adjoining property.
That said real estate is more fully described as follows:
Commence at boundary corner 30 on the Plat of Section 1,
"Branderwood," prepared by Buford T. Lumsden & Associates,
P.C., recorded in Plat Book 9, page 351 of the· Clerk's
Office of the Roanoke County Circuit Court. Corner 30 being
the northwesterly corner of Lot 10, Block 1 of the aforesaid
subdivision plat and the POINT OF BEGINNING; thence along
the westerly line of the property shown as "Property of Lobo
Investors, DB 1217, Pg. 483," said line also being the
easterly line of the property shown as "Property of Fralin &
Waldron, Inc., DB 860, Pg. 305" on the aforesaid plat, run
N. 00 deg. 27 min. 00 sec. W. 225 feet to a point on the
southerly right-of-way of Starkey Road (Va. Secondary Route
904); thence along the southerly right-of-way line of said
Starkey Road, run N. 71 deg. 32 min. 15 sec. E. 110 feet to
a point where said starkey Road and Buck Mountain Road (Va.
Secondary Route 679) intersect; thence along the southerly
right-of-way line of said Buck Mountain Road, run N. 87 deg.
02 min. 15 sec. E. 379.97 feet to corner 40 of the aforesaid
plat, corner 40 being the intersection of said Buck Mountain
Road and Branderwood Drive (Va. Secondary Route 1960);
thence with the westerly right-of-way line of said
Branderwood Drive along the arc of a curve to the right
41.68 feet, said curve having a delta of 90 deg. 06 min. 50
sec., a radius of 26.50 feet, a chord bearing of S. 47 deg.
54 min. 20 sec. E., a chord distance of 37.52 feet to corner
39 of the aforesaid plat; thence continuing along .the
westerly right-of-way line of said Branderwood Drive, along
the arc of a curve to the left 160.61 feet, said curve
having a delta of 28 deg. 18 min. 17 sec., a radius of
325.11 feet, a chord bearing S. 17 deg. 00 min. 05 sec. E.,
a chord distance of 158.98 feet to corner 38 of the
aforesaid plat; thence leaving the westerly right-of-way
line of said Branderwood Drive and along the northerly
property lines of Lot 1, Block 1 of the aforesaid plat, the
following two courses: S. 72 deg. 31 min. 00 sec. W. 52
feet to corner 37 of the aforesaid plat; thence S. 17 deg.
28 min. 00 sec. W. 115 feet to corner 36 of the aforesaid
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835'
October 27, 1992
plat: thence leaving Lot 1 and along the northerly property~
line of Lot 5, Block 1 of the aforesaid plat, run S. 81 deg.
22 min. 00 sec. W. 35 feet to corner 35 of the aforesaid
plat; thence leaving Lot 5 and along the northerly property
line of Lot 8, Block 1 of the aforesaid plat the following
two courses: N. 60 deg. 22 min. 00 sec. W. 81 feet to
corner 34 of the aforesaid plat; thence N. 86 deg. 27 min.
00 sec. W. 97 feet to corner 33 of the aforesaid plat;
thence leaving Lot 8 and along the northerly property line
of Lot 9, Block 1 of the aforesaid plat the following two
courses: S. 75 deg. 17 min. 00 sec. W. 95 feet to corner 32
of the aforesaid plat; thence S. 51 deg. 55 min. 00 sec. W.
95 feet to corner 31 of the aforesaid plat, a point on the
northeasterly property line of Lot 10, Block 1 of the
aforesaid plat; thence along the northerly property line of
Lot 10 N. 57 deg. 57 min. 00 sec. W. 122.42 feet to corner
30 of the aforesaid plat, the PLACE OF BEGINNING and
containing 142,056 square feet, 3.261 acres.
5.
That this ordinance shall be in full force and effect thirty
(30) days after its final passage.
All ordinances or parts of
ordinances in conflict with the provisions of this ordinance be,
and I
the same hereby are, repealed.
On motion of Supervisor Minnix to adopt the ordinance, and
carried by the .following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Eddy
NAYS:
None
ABSENT:
Supervisors Johnson, Nickens
·IN RE:.
ADJOURNMENT
At 7:40 p.m., Supervisor Minnix moved to adjourn. The
motion carried by a unanimous voice vote with Supervisors Johnson and
Nickens absent.
L!::Ed0 Ch~
II
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