HomeMy WebLinkAbout8/23/1988 - Regular
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August 23, 1988
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, SW
Roanoke, Virginia 24018
August 23, 1988
The Roanoke County 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 August, 1988.
IN RE:
CALL TO ORDER
Chairman Garrett called the meeting to order at 3: 06
p.m. The roll call was taken.
MEMBERS PRESENT:
Chairman Lee Garrett, Vice Chairman Richard
Robers, Supervisors Bob L. Johnson, Steven
A. McGraw, Harry C. Nickens
MEMBERS ABSENT:
Supervisor Nickens (arrived at 3:08 p.m.)
STAFF PRESENT:
Elmer C. Hodge, County Administrator; John
M. Chambliss, Assistant County
Administrator for Human Services; John R.
Hubbard, Assistant County Administrator of
Community Services and Development; Don M.
Myers, Assistant County Administrator for
Management Services; Paul M. Mahoney,
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August 23, 1988
County Attorney,
Clerk
Mary H. Allen, Deputy
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Sam Crews,
Coopers Cove Baptist Church.
The P ledge of Allegiance was
recited by all present.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1 .
Resolution of ADDreciation to J. R. Jones for his
service to the Roanoke County Plannina Commission:
Mr. Jones was
not present to receive the resolution.
Supervisor Nickens moved to approve the resolution.
The motion was seconded by Supervisor McGraw and carried by the
following vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 82388-1 OF APPRECIATION TO J. R. JONES
FOR HIS SERVICE AS A MEMBER OF THE ROANOKE
COUNTY PLANNING COMMISSION
BE I T RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
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August 23, 1988
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WHEREAS, J. R. Jones was first appointed to the Roanoke
County Planning Commission for a four-year term on April 4, 1979,
and subsequently was re-appointed on January 1, 1983, and January
1, 1987; and
WHEREAS, during his tenure on the Planning Commission,
his assistance was invaluable in developing and implementing the
Land Use Plan, the Comprehensive Plan, and the Zoning Ordinance
Update; and
WHEREAS, for a period of nine and a half years, Mr.
Jones did tirelessly and selflessly devote many hours to the
business of Roanoke County and the Planning Commission, and at
all times, he did capably serve the citizens of the County.
NOW, THEREFORE, BE I T RESOLVED that the Board of
Supervisors of Roanoke County wishes to express its deepest
appreciation and the appreciation of the citizens of Roanoke
County to J. R. JONES for his many years of capable, loyal,
and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors extends its best
wishes for continued success in all his future endeavors.
On motion of Supervisor Nickens, seconded by Supervisor
McGraw and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
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August 23, 1988
2. Resolution of ADDreciation to Virainia Farrow UDon
her retirement:
Ms. Farrow was present and received the
resolution.
Supervisor Nickens moved to approve the resolution.
The motion was seconded by Supervisor McGraw and carried by the
following vote:
AYES:
Supervisors JOhnson, RObers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 82388-2 EXPRESSING THE
APPRECIATION OF THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY TO VIRGINIA FARROW FOR TWENTY-
FIVE YEARS OF SERVICE TO ROANOKE COUNTY
BE I T RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
WHEREAS, Virginia Farrow was first employed on January
16, 1963, as Deputy Commissioner by the Commissioner of the
Revenue; and
WHEREAS, Virginia Farrow was employed through the terms
of three Commissioners of the Revenue, and was named the Chief
Deputy Commissioner on January 1, 1980; and
WHEREAS, Virginia Farrow has been a valuable asset to
Roanoke County through her assistance to the citizens in
preparing their personal property and Virginia income taxes.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County expresses its deepest appreciation
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August 23, 1988
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and the appreciation of the citizens of Roanoke County to
Virginia Farrow for over twenty-five years of capable, loyal
and dedicated service to Roanoke County.
FURTHER, the Board of Supervisors extends its best
wishes for a happy, restful and productive retirement.
On motion of Supervisor Nickens, seconded by Supervisor
McGraw and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
IN RE:
NEW BUSINESS
1. ADDroval of resolution reauestino a referendum on
chanoino the method of selectino school board members: County
Attorney Paul Mahoney reported that on June 14, 1988, the Board
of Supervisors adopted a motion calling for a public hearing to
be held on July 26, 1988. This referendum is on the question of
changing the method of selection of members of the Roanoke County
School Board from the Selection Commission to the Board of
Supervisors.
Supervisor Johnson felt that the timing of this issue
was poor, and also felt that the judiciary should not be involved
in the selection of school board members. Supervisor Garrett
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August 23, 1988
concurred with the timing and the politicalization of the process.
Supervisor McGraw responded that he felt this was democratizing
the process.
Supervisor McGraw moved to approve the resolution, and
that up to $10,000 be appropriated for an informational brochure
The motion was seconded by Supervisor Robers and carried by the
following vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
Mr. Hodge advised he would like to reimburse the Board
Contingency Fund with $50,000 from the Fund Balance, and
appropriate the funds for the brochure from the Board Contingency
Fund.
Supervisor recommended that Mr. Hodge come back to the
board at the next meeting with bids and source of funds.
RESOLUTION 82388-3 REQUESTING THE CIRCUIT
COURT OF ROANOKE COUNTY TO ENTER AN ORDER
TO HOLD A REFERENDUM ON THE QUESTION OF
CHANGING THE METHOD OF SELECTION OF
MEMBERS OF THE COUNTY SCHOOL BOARD, AS
PROVIDED IN SECTION 22.1-42 OF THE CODE
OF VIRGINIA, 1950, AS AMENDED.
WHEREAS, the Board of Supervisors of Roanoke County
determines that it is desirable to hold a referendum on the ques-
tion of the method of appointment of members of the School Board
of Roanoke County, as provided by Section 22.1-42 of the Code of
Virginia, 1950, as amended; and,
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August 23, 1988
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WHEREAS, the Board held a public hearing on the ques-
tion of such referendum on July 26, 1988 at 7:00 p.m. at the
Roanoke County Administration Center at 3738 Brambleton Avenue,
S . W .; and,
WHEREAS, said public hearing was advertised in the
Roanoke Times and World News on July 12, 1988 and July 19, 1988.
NOW THEREFORE, BE IT RESOLVED by the Board of Supervi-
sors of Roanoke County, Virginia, that said Board does respect-
fully request the Circuit Court of Roanoke County to enter an
order requiring the regular election officials on the day fixed
in such order to open the polls and take the sense of the quali-
fied voters of Roanoke County on the question of changing the
method of appointment of members of the Roanoke County School
Board from the Roanoke County School Board Selection Commission
to the Roanoke County Board of Supervisors.
BE IT FURTHER RESOLVED that the Deputy Clerk of the
Board is hereby directed to certify a copy of this resolution and
to present it to the judge of the Circuit Court for the County of
Roanoke, and to file a certified copy of this resolution with the
Clerk of the Circuit Court for the County of Roanoke.
On motion of Supervisor McGraw to adopt resolution and
authorize funding up to $10,000 for informational brochure,
seconded by Supervisor Robers and carried by the following
recorded vote:
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August 23, 1988
AYES:
Supervisors Johnson, McGraw, Robers, Garrett
NAYS:
ABSENT:
Supervisor Nickens
None
2. Reauest to amend Roanoke Countv's Bondina Policy
for Subdivision and Site DeveloDment:
Development Director
Arnold Covey advised this would item would amend the present
bonding policy to reflect organizational changes and require
self-extending language on all newly issued Letters of Credit,
which would extend the expiration date of the Letters of Credit.
Staff recommends approval of both changes to the bonding policy.
Supervisor McGraw moved to approve staff recommendation.
The motion was seconded by Supervisor Robers and carried by the
following vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
3. ReDort and Recommendations concernino on-site
Aerobic Wastewater Treatment Systems: Acting Zoning
Administrator Jon Hartley reported that the Planning Commission
and staff has met with vendors, the Water Control Board and the
Heal th Department to research this issue. The County code
presently prohibits these systems. The research indicates that
there are chronic maintenance problems where these are allowed.
The Planning Commission recommends that an ordinance be prepared
allowing individual on-site systems as replacement systems only
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August 23, 1988
for failed systems where there is a hardship or emergency
situation.
In response to a question from Supervisor Robers, Mr.
Hartley advised lifetime maintenance by the contractor would be a
problem and they are exploring solutions. He further advised
that the Heath Department would work with Planning to determine
the definition of an emergency. He reiterated that the
recommendation only includes current systems that failed.
Supervisor Johnson advised he was concerned about
enforceability of the regulations and that the County would
ul timately bear responsibility for future problems. Supervisor
McGraw stated he could not support an ordinance unless it
responded to all the problems outlined.
Supervisor Nickens stated that he felt the amendment
should be approved because there are presently no alternatives
available for those with failed septic systems. Supervisor
Robers concurred.
Supervisor McGraw moved that the ordinance not be
amended and the code remain the same, prohibiting use of
indi vidual aerobic systems, and that the staff work with the
Health Department to improve sewage disposal in subdivisions
prior to plat recordation. The motion was seconded by Supervisor
Johnson and carried by the following vote:
AYES: Supervisors Johnson, McGraw, Garrett
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August 23, 1988
NAYS:
Supervisors Robers, Nickens
4. ADDroval of Resolution increasina mileaae
reimbursement for Dersonal use of automobile:
This issue would
raise the mileage reimbursement for the use of personal vehicles
while conducting County business to 22. 5¢ per mile for the first
15,000 miles and 11¢ per mile for all miles over 15,000.
Supervisor Nickens moved to adopt the resolution. The
motion was seconded by Supervisor McGraw and carried by the
following vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 82388-6 AMENDING RESOLUTION 10-14-
86-209 ALLOWING MILEAGE REIMBURSEMENT FOR
MILEAGE IN BUSINESS
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Resolution 10-14-86-209 adopted October 14, 1986,
allowing mileage reimbursement for the use of personal vehicles
while conducting County business be, and hereby is, amended to
provide a reimbursement of 22. 5¢ per mile for the first 15,000
miles and 11¢ per mile for all miles over the first 15,000
miles; and
1. That this rate shall be in full force and effect for
mileage expenses incurred from and after September 1, 1988.
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On motion of Supervisor Nickens, seconded by Supervisor
McGraw and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
5. ADDroval of a Mutual Aid Aareement with Flovd
Count v for Fire Protection and Emeraencv Medical Services: Mr.
Mahoney reported that County staff has been involved with staff
from Floyd County to negotiate a mutual aid agreement for fire
protection and emergency medical services. The Floyd County
II Board of Supervisors approved this agreement on August 15, 1988.
Supervisor Garrett moved to authorize the County
Administrator to execute the agreement. The motion was seconded
by Supervisor Nickens and carried by the following vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
IN RE:
REQUESTS FOR WORK SESSIONS
1. Reauest for Work Session on the 1989 Leaislative
Package:
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Supervisor Johnson moved to set the work session for
September 13, 1988. The motion was seconded by Supervisor McGraw
and carried by the following vote:
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August 23, 1988
AYES:
NAYS:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
None
IN RE:
APPOINTMENTS
Grievance Panel: Supervisor Nickens nominated Thomas
T. Palmer to another two year term.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUDervisor Johnson directed the legal staff to research
consolidation and how this could affect both county citizens and
the Board of Supervisors. He advised he felt projects such as
the Spring Hollow Reservoir and the search for a landfill site
should go forward despite consolidation efforts. He stated he
felt that the September 1 deadline for Roanoke City to make a
decision on participation in the reservoir should not be extended.
Mr. Hodge responded he would advise the City.
SUDervisor McGraw announced that the Assistant City
Manager for Roanoke Ci ty will be attending the Roanoke Valley
Cooperation Committee as well as David Bowers. He also informed
the board that the VACO/VML Task Force would be presenting a
single proposal to the Grayson Commission.
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August 23, 1988
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SUDervisor Nickens expressed appreciation to the
volunteer and paid fire and rescue personnel who battled a fire
in his neighborhood during a very sever storm recently.
SUDervisor Robers announced that plans are proceeding
for the economic development trip to Northern Virginia. He
reminded those present that the Roanoke Valley Cooperation
Committee will meet Friday, August 26, 1988.
SUDervisor Garrett advised he will be in Williamsburg
for several days and Vice Chairman Robers will act as Chairman in
his absence.
IN RE:
CONSENT AGENDA
Supervisor Johnson moved to approve the Consent
Resolution.
The motion was seconded by Supervisor Robers and
carried by the following vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION NO. 82388-8 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET FORTH
ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM I -
CONSENT AGENDA
BE I T RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
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August 23, 1988
1. That that certain section of the agenda of the
Board of Supervisors for August 23, 1988, designated as Item I -
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 5, inclusive, as follows:
1. Minutes of Meetings - April 12, 1988, April 26,
1988.
2. Confirmation of committee appointments to the
Community Corrections Resources Board and
recommendations to the Landfill Citizens Liaison
Committee.
3.
Request for acceptance of Meadow Valley Circle and II
Orchard Valley Circle into the VDOT Secondary
System.
4. Request for acceptance of Red Barn Lane into the
VDOT Secondary System.
5. Request for a Raffle Permit from the Northside
High School Band Boosters.
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 Johnson, seconded by Supervisor
Robers, and upon the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
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RESOLUTION 82388-8.c REQUESTING ACCEPTANCE OF
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August 23, 1988
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RED BARN LANE INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1 . That this matter came this day to be heard upon the
proceedings herein, and upon the application for Red Barn Lane,
from the intersection with Route 1096 to the terminus at the
cul-de-sac for a distance of 0.17 miles, to be accepted and made
a part of the Secondary System of State Highways under Section
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33.1-229 of the Virginia State Code.
2. That it appears to the Board that drainage easements
and a fifty (50) foot right-of-way for said road have been
dedicated by virtue of a certain map known as Section 2, Little
Tree Acres Subdivision which map was recorded in Plat Book 9,
Page 322, of the records of the Clerk's Office of the Circuit
Court of Roanoke County, Virginia, on May 14, 1985, and that by
reason of the recordation of said map no report from a Board of
Viewers, nor consent or donation of right-of-way from the
abutting property owners is necessary.
The Board hereby
guarantees said right-of-way for drainage.
3. That said road known as Red Barn Lane and which is
shown on a certain sketch accompanying this Resolution, be, and
II the same is hereby established as public road to become a part of
the State Secondary System of Highways in Roanoke County, only
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August 23, 1988
from and after notification of official acceptance of said
street or highway by the Virginia Department of Transportation.
On motion of Supervisor Johnson, seconded by Supervisor
Robers and carried by the following recorded vote:
AYES:
Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS:
None
RESOLUTION 82388-8.b REQUESTING ACCEPTANCE OF
MEADOW VALLEY CIRCLE AND ORCHARD VALLEY CIRCLE INTO THE
VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD
SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1 . That this matter came this day to be heard upon the
proceedings herein, and upon the application of Meadow Valley
Circle from the intersection with Route 1390 to the terminus at
the cul-de-sac for a distance of 0.09 miles and Orchard Valley
Circle from the intersection with Route 1390 to the terminus at
the cul-de-sac for a distance of 0.14 miles to be accepted and
made a part of the Secondary System of State Highways under
Section 33.1-229 of the Virginia State Code.
2. That it appears to the Board that drainage easements
and a fifty (50) foot right-of-way for said roads have been
dedicated by virtue of certain maps known as Section One and
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Section Two of Meadowcreek Subdivision which maps were recorded
in Plat Book 9, Page 305, and Plat Book 9, Page 345,
respectively, of the records of the Clerk's Office of the Circuit
Court of Roanoke County, Virginia, on September 5, 1984 and
November 12, 1985, respectively, and that by reason of the
recordation of said maps no report from a Board of Viewers, nor
consent or donation of right-of-way from the abutting property
owners is necessary. The Board hereby guarantees said
right-of-way for drainage.
3. That said roads known as Meadow Valley Circle and
II Orchard Valley Circle and which are shown on a certain sketch
accompanying this Resolution, be, and the same are hereby
established as public roads to become a part of the State
Secondary System of Highways in Roanoke County, only from and
after notification of official acceptance of said streets by the
Virginia Department of Transportation.
On motion of Supervisor Johnson, seconded by Supervisor
Robers and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
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IN RE:
REPORTS
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August 23, 1988
Dana Long was present to answer questions on the Meals
Tax report. Supervisor Nickens moved to receive and file the
following reports. The motion was seconded by Supervisor McGraw
and carried by the following vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
1 . Capital Fund - Unappropriated Balance
2. General Fund - Unappropriated Balance
3. Reserve for Board Contingency Fund
4. Report on Meals Tax
IN RE:
EXECUTIVE SESSION
At 4: lS p.m., Supervisor Garrett moved to go into
Executive Session pursuant to the Code of Virginia, 2-1-344 (a)
(3) acquisition or use of real property for public purposes; (7)
consultant with legal counsel pertaining to potential litigation.
The motion was seconded by Supervisor Johnson and carried by the
following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
IN RE:
OPEN SESSION
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At 6:05 p.m., Supervisor Garrett moved to return to
open session.
The motion was seconded by Supervisor Johnson and
carried by the following recorded vote:
AYES:
NAYS:
IN RE:
recess.
IN RE;
IN RE:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
None
RECESS
At 6: 06 p. m., Chairman Garrett declared a dinner
EVENING SESSION
At 7:05 p.m., Chairman Garrett reconvened the meeting.
PUBLIC HEARINGS
888-1
petition of Roanoke Land DeveloDment CorD. to
rezone a 1.489 acre tract from R-l,
Residential to R-5, Residential to construct
townhomes located immediately northwest of
the intersection of Roselawn Road (Route 689)
and Pleasant Hill Drive (Route 1552) in the
Windsor Hills Magisterial District.
(CONTINUED FROM JULY 26, 1988)
APPROVED WITH PROFFERED CONDITIONS
Planner Dale Castellow presented the staff report. He
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August 23, 1988
advised this rezoning is for the purpose of constructing two
buildings each containing six townhouse units. The development
is consistent with the future Land Use Plan and map. The
significant impact factors focus on access and interior
circulation. There is a five percent grade at the entrance which
increases to 14% on the access drive. There is insufficient
turn around space to accommodate fire and rescue vehicles. At
the Planning Commission there were 60 citizens opposed to the
rezoning. They expressed concern about traffic congestion, and
the proposal would have an adverse affect on county schools and
would set a precedent for future townhouses in the area. The
Planning Commission recommended approval.
Frank Selbe, attorney for the petitioner was present.
He outlined the plans for the project and advised they would be
Williamsburg type townhomes. He announced that they had
proffered the size of the cul-de-sacs to allow for emergency
vehicles to turn around. He advised that the entrance and
eggres s of the project meets the specifications of the Virginia
Department of Transportation. Mr. Selbe stated they had met with
the homeowners associations in the neighborhood to address their
concerns about six weeks prior to the public hearing.
The following citizens spoke in opposition to the
proposed rezoning:
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August 23, 1988
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1. Will Estes, 4920 Cave Spring Circle, President of
Southwest County Civic Association, presented a petition signed
by 250 citizens in the area opposed to the rezoning. They were
concerned with the density of the project, potential traffic
hazards, and change in the character of the neighborhood.
2. Lew Bowling, 4928 Pleasant Hill Drive, requested
that the development be downscaled because of its density, and
the 14% grade entrance.
3. Tom Tyree, 4909 Grape Tree Lane, representing
Nichols Estates Homeowners Association. He was concerned about
the intersection of Roselawn and Route 221.
Supervisor Garrett advised he was concerned about the
traffic circulation and the turn around for fire and rescue
vehicles. He also felt that the petitioners should have met
more recently with the neighborhood. Supervisor Johnson
expressed concern with the proposed density of the project. He
stated he could not support the proposal until Route 221 is
improved.
Supervisor Garrett moved to deny the petition. The
motion was seconded by Supervisor Johnson and carried by the
following vote:
AYES: Supervisors Johnson, Garrett
II NAYS: Supervisors Robers, McGraw, Nickens
106
1988
Supervisor Nickens moved to approve the rezoning with
proffered conditions.
The motion was seconded by Supervisor
McGraw and carried by the following vote:
AYES:
Supervisors Robers, McGraw, Nickens
NAYS:
Supervisors Johnson, Garrett
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land which is contained in the Roanoke County Tax Maps
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as Parcel 86.08-4-21 and recorded in Deed Book
and legally
described below, be rezoned from R-l Residential District to R-5
Townhouse District
BE IT FURTHER ORDERED that a copy of this order be
transmitted to the Secretary of the Planning Commission and that
he be directed to reflect that change on the official zoning map
of Roanoke County.
A tract of land containing 1.498
acres, as shown on a map prepared for C. L. and
Mary Ann Arther by David Dick, dated September 25,
1965, a copy of which map is of record in the
Clerk's Office of the Circuit Court for the County
of Roanoke, Virginia in Deed Book 1203, Page ~40.
Being the same property conveyed to Aubrey G.
Nichols and Elizabeth R. Nichols by deed dated
February 7, 1984 from Delma B. Young and Mary B. I
Young, husband and wife, of record in the
aforesaid Clerk's Office in Deed Book 1203, page
239.
August 23, 1988
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PROFFER OF CONDITIONS
1. Total project density shall not exceed 12 units to
be constructed on 1.48 acres.
2. Site lighting shall be arranged so as to light only
the subject property and no interior light poles will exceed 10
feet in height.
3. All screening and buffering shall be in accord with
County ordinance.
4. Signage shall be limited to one 32 sq. ft.
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installation.
No outdoor billboard advertising shall occur on
site.
5. Site to be developed in substantial conformity with
the site plan of Marsh, Witt & Martin, P. C.
6. Si te development shall incorporate all reasonable
access and turn around improvements as may appear necessary to
county officials during the site plan review process.
888-2
Petition of The Hobart ComDanies, Ltd. to
amend the conditions on a Use Not Provided
for Permit on a 4.974 acre tract located on
the south side of Peters Creek Road (Route
117) immediately south of Deer Branch Road
(Route 842) in the Hollins Magisterial
District.
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APPROVED WITH PROFFERED CONDITIONS
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August 23, 1988
Planner Jon Hartley presented the staff report. The
request will amend the proffered concept plan approved on April
26, 1988 . The pet it i one r is reque st ing an additional access
point to Peters Creek Road in lieu of a shared access. There was
no opposition at the Planning Commission hearing. If an
additional median cut is allowed by the Va. Department of
Transportation the petitioner agrees to share that with the
Hollins Branch library.
Supervisor Johnson moved to approve the petition with
proffered conditions. The motion was seconded by Supervisor II
McGraw and carried by the following vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the proffers on the
aforementioned parcel of land which is contained in the Roanoke
County Tax Maps as Parcel 27.14-2-12 and a portion of 27.14-2-13
and recorded in Deed Book and legally described below, be
amended.
BE IT FURTHER ORDERED that a copy of this order be
transmitted to the Secretary of the Planning Commission and that I
August 23, 1988
10 9
he be directed to reflect that change on the official zoning map
of Roanoke County.
A 4.974 acre parcel of land,
generally located in the 6600
block on the south side of Peters
Creek Road, within the Catawba
Magisterial District, and recorded
as a portion of Parcel 27.14-2-12
and a portion of Parcel 27-14-2-13,
in the Roanoke COunty Tax Records.
PROFFER OF CONDITIONS
1. Development will be in substantial conformity with
I the site plan of Ernie Rose, Inc., previously submitted, with the
exception of the entrance pattern which will be in substantial
conformity with the plan of Buford T. Lumsden and Associates,
dated June 29, 1988.
If permitted by the Virginia Department of
Transportation, Petitioner agrees to attempt to coordinate median
cros scut on Peters Creek Road wi th Roanoke County, to serve
Hollins branch library.
2.
Uses to be limited to:
office, retail sales, service
industry uses together with warehousing and light manufacturing
as allowed in Section 21-24-1, M-l Light Industrial District, (A)
(1), (3) (4), (5) and (6) of the Roanoke County Code with the
provision that no M-l uses will be permitted on the outparcel.
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August 23, 1988
3.
Stand-alone sign s1;all not be greater than 48 square
feet exclusive of the signage on the outparcel.
Signage on the
outparcel shall not exceed 36 square feet.
4. There shall be no outside storage of materials.
5. All lighting shall be directed away from the
adjoining residential property.
6. All building shall be constructed with brick on the
front thereof.
7. That petitioner will construct a ten-year retention
pond with a two-year run-off.
888-3
Petition of Gerald W. Atkins to rezone a 0.28
acre tract from B-1, Business to B-2,
Business to operate an office with sales and
service located on the south side of Peters
Creek Road (Route 117) approximately 100 feet
west of its intersection with South Drive
(Route 1864) in the Hollins Magisterial
District.
APPROVED WITH PROFFER OF CONDITIONS
Mr. Castellow advised this proposed rezoning is for
the purpose of operating a sales and service facility for
electronic equipment.
The proposed development is located in the
area designated Transition on the land use plan. The significant
impact factors include lack of available fire flow for this
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August 23, 1988
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location.
There are proffered conditions.
No one was opposed to
the petition at the Planning Commission hearing and they
recommended approval with the proffers.
Supervisor Johnson moved to approve the petition with
proffered condit ions.
The mot ion was seconded by Supervisor
McGraw and carried by the following vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land which is contained in the Roanoke County Tax Maps
as Parcel 27.13-5-28.1 and recorded in Deed Book 1195 and legally
described below, be rezoned from B-1 Business District to B-2
Business District
BE IT FURTHER ORDERED that a copy of this order be
transmitted to the Secretary of the Planning Commission and that
he be directed to reflect that change on the official zoning map
of Roanoke County.
Being New Parcel "B" according to
P I at showing New Parcels "A" and
"B" (to be known as Green Ridge
South) and the vacation of Lots
11,12, 13, 14, 15, 27, 28 and
eastern half of 26, Dillard Court
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August 23, 1988
(P>B> 2, page 169), Roanoke County,
Virginia property of Fred A. Oyler
and Bess M. Oyler, dated May 3,
1983, attached to an instrument of
Vacation and Resubdi vision of Lots
made by Fred A. Oyler and Bess M.
Oyler, and recorded in the Clerk's
Office of the Circuit Court of
Roanoke County, Virginia, in Deed
Book 1195, Page 109.
PROFFER OF CONDITIONS
1. The land will be used for the purpose of selling and
servicing equipment related to Roanoke Scale & Equipment business
activity or other sales and service businesses, (NCR, IBM, TEC, I
ECT. ) .
1 .
A portion of the building will be leased to any use in B-
total signage shall not exceed 50 square feet.
2 · No billboards shall be erected on the property, and
lot of the proposed use.
3. All exterior lighting shall be directed only at the
888-4
Public Hearing and resolution pursuant to
Section 15.1-238 (e) of the 1950 Code of
Virginia, as amended, setting forth the
intent of Roanoke County to enter upon
'certain properties and to take certain
sani tary sewer easements in connection with
the extension of public sewer to Nichols
Estates.
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August 23, 1988
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Mr. Mahoney advised this resolution concerns the
potential condemnation of four tracts of real estate owned by
Valley Developers, Inc. Mabel Naff Bowman, James C and Judy B.
Pate and Barbara W. Croy. The fair market value has been
determined. The proposed condemnation proceeding are for the
purposes of running a sewer line across these four parcels.
The sewer lines will serve the developers of Williamsburg Court
and alleviate the problems of failing septic systems in the
Nichols Estates subdivision. The developers of Williamsburg
Court will serve their development with a pump station that the
County will own and maintain. Notice has been sent and legal
notices were published.
Barbara Bova Croy, 4919 Pleasant Hill Drive, spoke in
opposition to a sewer line because she did not want access to her
private land.
Judy Pate, 5005 Pleasant Hill Drive, spoke in opposition.
She advised she had not been approached by the County except for
the letter proposing condemnation. She was opposed to the $59.00
cost, and concerned that her horses would not graze over a sewer
line.
Supervisor Nickens asked Mr. Mahoney if Ms. Pate had
been contacted prior to receiving the letter. Mr. Mahoney
responded that he thought that all property owners had been
contacted. He apologized if Ms. Pate had not been notified.
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August 23, 1988
Clifford Craig advised that his staff would only access
the sewer line if there was a problem.
Supervisor Robers moved to adopt the prepared
resolution.
The motion was seconded by Supervisor McGraw and
carried by the following vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
RESOLUTION 82388-9 PURSUANT TO SECTION
15.1-238 (e) OF THE 1950 CODE OF
VIRGINIA, AS AMENDED, SETTING FORTH THE
INTENT OF ROANOKE COUNTY TO ENTER UPON
CERTAIN PROPERTIES AND TO TAKE CERTAIN
SANITARY SEWER EASEMENTS IN CONNECTION
WITH THE EXTENSION OF PUBLIC SEWER TO
NICHOLS ESTATES
I
BE I T RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the extension of the public sewer service area
adjacent to Nichols Estates is being undertaken by the County of
Roanoke to alleviate the problem of failing and substandard sep-
tic systems by extending the sanitary sewer service along the
natural drainageway; and
2. That in order to complete this project, certain
sani tary sewer easements are needed and more particularly des-
cribed:
a. A fifteen (15) foot wide strip of
land across the property of Valley
Developers Inc. and more particularly
described on the attached appraisal
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August 23, 1988
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-.- .~._.,,_.~.~.._._..;".._..-.._._..'_. '.<--
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report as located adjacent to the
existing drainage easement and con-
taining 2,251.5 square feet and being
shown on the attached plat prepared
by T. P. Parker & Son, Engineers and
Surveyors, Ltd., dated May 6, 1988.
Together with a thirty (30) foot wide
temporary construction easement more
particularly described on the
attached appraisal report as being
150.1 feet long, located adjacent to
the permanent sewer easement and con-
taining 4,503 square feet.
The fair market value of the afore-
said interest is $956.00, such compen-
sation and damages, if any, having
been offered the property owners.
I
b. A twenty (20) foot wide strip of land
across the property of Mabel Naff
Bowman and more particularly des-
cribed on the attached appraisal re-
port as containing 9,438 square feet
and be ing shown on the attached plat
prepared by T. P. Parker & Son, Engi-
neers and Surveyors, Ltd., dated May
6, 1988.
Together with a thirty
temporary construction
particularly described
ed appraisal report
14,157 square feet.
(30) foot wide
easement more
on the attach-
as containing
The fair market value of the afore-
said interest is $1,006.00, such com-
pensation and damages, if any, having
been offered the property owners.
II
c. A twenty (20) foot wide strip of land
across the property of James C. Pate
and Judy B. Pate and more particular-
ly described on the attached apprai-
sal report as being 8. 94 feet along
the centerline and containing 178.8
116
August 23, 1988
square feet and being shown
attached plat prepared by
Parker & Son, Engineers and
ors, Ltd., dated May 6, 1988.
on the
T. P .
Survey-
Together with a thirty (30) foot wide
temporary construction easement more
particularly described on the
at tached appraisal report as contain-
ing 262.2 square feet.
The fair market value of the afore-
said interest is $59.00, such compen-
sation and damages, if any, having
been offered the property owners.
d. A twenty (20) foot wide strip of land
across the property of Barbara W.
Bova Croy and more particularly des-
cribed on the attached appraisal
report as being 288.34 feet long and
containing 5,766.8 square feet and
being shown on the attached plat pre-
pared by T. P. Parker & Son, Engi-
neers and Surveyors, Ltd., dated May
6, 1988.
I
Together with a thirty (30) foot wide
temporary construction easement more
particularly described on the
attached appraisal report as being
288.34 feet long and containing 8,650
square feet.
The 'fair market value
said interest is $ 654.00,
sation and damages, if
been offered the property
of the afore-
such compen-
any, having
owners.
2. That it is immediately necessary for the County to
enter upon and take such property and commence said sanitary
sewer improvements in order to alleviate failing and substandard
I
septic systems and provide long term sewer capacity for the
August 23, 1988
117
n',' "'_'ø , ...._ ,_
heal th, safety, and welfare of its citizens and to thereafter
inst it ute and conduct appropriate condemnation proceedings as to
said sanitary sewer easements; and
3. That pursuant to the provisions of Section 15.1-238
(e) of the 1950 Code of Virginia, as amended, and pursuant to
notice and public hearing as made and provided therein, the Board
does hereby invoke all and singular the rights and privileges and
provisions of said Section 15.1-238 (e) as to the vesting of
powers in the County pursuant to Section 33.1-119 through Section
33 . 1-129 of the 1950 Code of Virginia, as amended, all as made
II and provided by law.
On motion of Supervisor Robers, seconded by Supervisor
McGraw and carried by the following recorded vote:
AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS: None
IN RE:
REROOFING OF FORT LEWIS AND HOLLINS FIRE STATION
Mr. Mahoney advised the county has had problems with
roof leakage at the Hollins and Fort Lewis Fire Station.
Negotiations have been ongoing and they have now received a
counter offer from RMS, Inc. and staff recommends that the Board
II
accept the offer.
RMS will replace the Hollins Fire Station roof
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118
August 23, 1988
with a new membrane with a 10-year warranty. Roanoke County will
replace the Fort Lewis Fire Station roof at county cost.
Supervisor Johnson moved to accept the counter offer.
The motion was seconded by Supervisor Robers and carried by the
following vote:
AYES: Supervisors JOhnson, RObers, McGraw, Nickens, Garrett
NAYS: None
IN RE:
FIRST READING OF ORDINANCES
1 Or inance authorizin urchase of 0.518 acres
from Smi thsub, Inc. for the relocation of Kenworth Road _
VallevDointe Phase I: Mr. Mahoney advised this ordinance would
authorize acquisition of this property. Smithsub, Inc. had
declined to accept the County's offer of $61,500.00. A public
hearing was held on June 28, 1988 and a resOlution adopted to
condemn the property. Staff continued to negotiate and the Board
agreed to settle the proceedings by purchasing the parcel for
$64,500.
I
Supervisor Johnson moved to approve first reading of
the ordinance. The motion was seconded by Supervisor Nickens and
carried by the following vote: I
AYES: Supervisors JOhnson, RObers, Nickens, Garrett
August 23, 1988
119
NAYS:
ABSTAIN:
None
Supervisor McGraw
II
2. Ordinance authorizina the acauisition of easements
to facilitate the extension of Dublic sewer service to the
ADD ala chi an Power ComDanv Service Center: Mr. Mahoney reported
this ordinance will authorize acquisition for public sewer
service. He advised that the draft ordinance will be amended for
the second reading to identify the owner of one of the parcels.
Supervisor Nickens moved to approve first reading of
the ordinance. The motion was seconded by Supervisor Robers and
carried by the following vote:
AYES: Supervisors Johnson, Robers, Nickens, Garrett
NAYS: None
ABSTAIN: Supervisor McGraw
IN RE:
SECOND READING OF ORDINANCES
1. Ordinance amendina ChaDter 18 of the Roanoke County
Code, Sewers and Sewaae DisDosal, concernina the Drocedures and
Drescribed fees for issuance of Dermits for seDtic tanks and
wells: Mr. Mahoney advised that this ordinances incorporates
II recent changes adopted by the state concerning the fees for
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August 23, 1988
septic tanks and private wells.
It also provides for citizens to
come to only one place to handle this process.
Supervisor McGraw moved to approve the ordinance. The
motion was seconded by Supervisor Robers and carried by the
following vote:
AYES:
Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS:
None
ORDINANCE 82388-10 AMENDING CHAPTER 18
OF THE ROANOKE COUNTY CODE, SEWERS AND
SEWAGE DISPOSAL, CONCERNING THE
PROCEDURES AND PRESCRIBED FEES FOR
I SSUANCE OF PERMITS FOR SEPTIC TANKS AND
WELLS
WHEREAS, by ordinance adopted on June 23, 1987, the
Board of Supervisors of Roanoke County, Virginia, amended Chapter
18, Sewers and Sewaae DisDosal, to require that any person desir.,..
ing to install a septic tank secure a permit to do so and pre-
scribed reasonable fees for the issuance of such permits; and
WHEREAS, legislation adopted by the 1988 session of the
General Assembly, Acts of the Assembly 1988 Session, Chapter 203
(House Bill 418), authorized the Board of Health to establish
fees for applications for permits to construct on-site sewage
II
disposal systems, not to exceed Fifty Dollars ($50) , and private
wells, not to exceed Twenty-five Dollars ($25) ; and
WHEREAS, the State Board of Health meeting on May 10, I
1988, has adopted emergency regulations to implement a fee system
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August 23, 1988
121
for applications for permits for both on-site sewage disposal
systems and private well construction effective July 1, 1988; and
WHEREAS, it is necessary for the County to modify its
procedures to achieve coordination between the County and the
Department of Health as to the processing of application for and
payment of both County and State permit fees for on-site sewage
disposal systems and state permit fees for private well construc-
tion.
BE I T ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, that Chapter 18, Sewers and Sewaae Disposal, of
the Roanoke County Code be, it hereby is, amended to read and
provide as follows:
1. All building in the County in those areas where
septic tanks are permitted shall have an on-site sewaae disDosal
system or septic tanks installed for the disposing of sewage and
other human waste.
2. Before anyon-site sewaae disDosal or septic tank
systems or Drivate wells are constructed or installed, it shall
be the duty of the landowner upon whose land the construction or
installation :t8- 1::0 shall take place to secure a permit
£rOlft to be issued bv the Health Department. ADDlication for
such Dermit(s) shall be made to the County's DeDartment of Devel-
opment and Inspection. or its successor. UDon forms Drescribed bv
the Health DeDartment.
122
August 23, 1988
3. There is hereby established a Count v permit fee of
fifty dollars ($50.00) for each on-site sewaae disDosal system or
septic tank. This permit fee, alona with the state Dermit fee of
fifty dollars ($50.00) shall be paid to the Treasurer at the time
aDDlication is made for a Dermit and before the aDDlication will
be Drocessed bv the Health DeDartment. The state Dermit fee of
twenty-five dollars ($25.00) for construction of a Drivate well
likewise shall be Daid to the Treasurer at the time aDDlication
is made for such Dermit and before Drocessina bv the Health
DeDartment. The Treasurer shall not collect the state fee (s)
from owner's whose family income is at or below the apPlicable II
Income Guidelines as Drovided under state reaulation.
4. The Health Department shall review this permit
~eqtleB1; aDDlication based upon the requirements and regula-
tions promulgated pursuant to Title 32.1 of the Code of Virginia.
Any septic tank permit issued under this section shall be valid
for a period of fifty-four (54) months from the date of issuance
unless there has been a substantial, intervening change in the
soil or site conditions where the septic system is to be located.
The availability of a public sewer system shall constitute a sub-
stantial intervening change in the site conditions to void a per-
mit.
5. In the event the Health Departm,ªnt deni,ªª a permit II
on the land on which the owner seek to construct his DrinciDal
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August 23, 1988
¡
128
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Dlace of residence, the county' s Dortion of the state aDDlication
fee shall be refunded to the owner.
Such fee shall not be re-
funded bv the County until final resolution bv the Health DeDart-
ment of any aDDeals made bv the owner from such denial.
6. ADDlications shall be limited to one site sDecific
DroDosal.
When site conditions chanae, or the needs of the aDDli-
cant chanae, or the aDDlicant DrODoses and reauests another site
be evaluated, and a new site evaluation is conducted, a new aDDli-
cation and fee is reauired.
7. Any person, firm, or corporation violating any pro-
visions of this ordinance shall be subject to a Class 3 misdemean-
or for each offense; and a separate offense shall be deemed com-
mitted on each day during or on which a violation occurs or con-
tinues.
Further, any violation or attempted violation of this
ordinance may be restrained, corrected, or abated by injunction
or other appropriate proceeding.
8. The effective date of this ordinance shall be
September 1, 1988.
On motion of Supervisor McGraw, seconded by Supervisor
Robers and carried by the following recorded vote:
AYES:
Supervisors Johnson, McGraw, Nickens, Robers, Garrett
NAYS:
None
IN RE:
EXECUTIVE SESSION
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August 23, 1988
At 8: 20 p. m., Supervisor Garrett moved to go into
Executive Session pursuant to the Code of Virginia 2.1-344 (a)
(7) for consultant with legal counsel.
The motion was seconded
by Supervisor Johnson and carried by a unanimous recorded vote.
IN RE:
OPEN SESSION
At 9: lOp. m. , Supervisor Garrett moved to return to
Open Session.
The motion was seconded by Supervisor Johnson and
carried by a unanimous vote.
IN RE:
ADJOURNMENT
At 9: 11 p. m., Chairman Garrett declared the meeting
adjourned.
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arrett, Chairman
anoke County Board of Supervisors
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