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12/22/1981 - Regular I I I ~ 12-22-81 219 Board of Supervisors Salem-Roanoke County Salem, Virginia December 22, 1981 Civic Center The Board of Supervisors of Roanoke County, Virginia met this day in open session at the Salem-Roanoke County Civic Center in Salem, Virginia, this being the second regular meeting of the month of December. Members Present: Chairman Robert E. Myers, Vice-Chairman Lawrence E. Terry, and Supervisors May W. Johnson, Edward C. Park, Jr., and T. M. Whit. Members Absent: None IN RE: CALL TO ORDER Chairman Myers called the meeting to order at 7:10 p.m. IN RE: INVOCATION Invocation was offered by Rev. William Eicher and the Pledge of Allegiance to the Flag was recited in unison. IN RE: APPROVAL OF MINUTES On motion of Supervisor Terry and a unanimous voice vote, the minutes of the meeting for December 9, 1981 were approved as submitted. IN RE: ITEMS SUBMITTED FOR INFORMATION ONLY On motion of Supervisor Terry and a unanimous voice vote, the following items were received and filed: (1) Jail Report - November 1981 (2) Treasurer's Report - November 1981 (3) Accounts Paid - November 1981 (4) Memorandum - Fire Hydrant for Boxley Hills IN RE: PRESENTATION - COURTHOUSE Mr. Ken Motley of VVKR made a presentation of the schematics for the new courthouse to begin construction in 1982. Mr. Motley pointed out the location for which the Board approved site plan in September, 1981. These schematics may undergo minor changes before construction commences. No action was taken. r 220 IN RE: J."J,. 12-1-81 WAR MEMORIAL Senator William Hopkins was in attendance to thank the Board for their previous $5,000 contribution toward construction of a War Memorial in honor of Veterans. However, the Committee for this memorial finds a deficit of $50,000.00 to construct said memorial and Senator Hopkins requested an additional donation or pledge. Pledge of $5,000 was made and to be paid by May 31, 1982. DESCRIPTION Class: Fund: Dept: Object: Dept: Object: AYES: NAYS: APPROPRIATION RESOLUTION NO. 3037 ACCOUNT NUMBER INCREASE (DECREASE) Expenditures General Contributions to Organizations War Memorial Commission 03-6-09104-56062 $5,000 Contingent Balance Unappropriated Balance 03-6-99999-99999 ($5,000) Adopted on motion of Supervisor Terry and the following recorded vote. Supervisors Terry, White, Johnson, Park and Myers None Supervisor Johnson encouraged those in attendance at the County Board session to send a donation to the War Memorial. IN RE: REQUEST OF E. E. CARTER FOR RENEWAL OF A USE NOT PROVIDED * FOR PERMIT TO CONTINUE OPERATION OF AN OPEN-AIR MARKET * APPROVE AT 3704 BRAMBLETON AVENUE, S. W. IN THE CAVE SPRING MAG- * ISTERIAL DISTRICT. * Mr. Carter was present to support his request and no one appeared in opposition. On motion of Supervisor Johnson and the following recorded vote, the request was approved for a four-year period. FINAL ORDER Board is of the opinion that the requested permit should be approved for WHEREAS, after full consideration of the merits of the request, the four years. NOW, THEREFORE, BE IT ORDERED that a Use Not Provided For permit to allow the operation of an open air market at 3704 Brambleton Avenue, be granted as requested to begin on the date this order is entered into record. BE IT FURTHER ORDERED that a copy of this order be forwarded to the County Planner, and that he be and hereby is directed to enter this permit into the official zoning records of the County. I I I ~ .~ 12-'-81 221 . ..... . . . . . . . , . . " '. .- This action was adopted on motion of Supervisor May W. Johnson and upon the following recorded vote. AYES: Supervisors Terry, White, Johnson, Park and Myers I NAYS: None IN RE: REQUEST OF RALPH MABES AND MAURY STRAUSS FOR REZONING FROM RESIDENTIAL DISTRICT R-l TO OFFICE AND RESIDENTIAL DISTRICT B-1 A PARCEL OF LAND CONTAINING 12.26 ACRES ON THE NORTHERLY SIDE OF VIRGINIA SECONDARY ROUTE 419 IN THE WINDSOR HILLS MAGISTERIAL DISTRICT. * * ~~ID * * Jennings Bird, Attorney, was present to support this request and several in attendance opposed. Mr. Bird stated this property had previously been denied rezoning for a Funeral Home and owners would now like to locate an office building on the site. Buford Lumsden, Ron Thompson, Ed Hall and Maury Strauss were present to offer the benefits of having the office building at this location. They provided technical information on water and sewer, tax base, and availability of office space in the area. Ray Phelps, Roger Lordon, Paul Bell, Jerry Bijwaard, and Lloyd I Lazarus, were present to present the opposition's view. They cited the residential area should be left as is and the increased potential problems of crime if the property were rezoned. Supervisor White moved to accept the recommendation of the Planning Commission to approve this request with the conditions proffered. FINAL ORDER IT IS ORDERED that the Petitioners be, and hereby are, granted rezoning of the following described parcel of land from R-l, Residential District, to B-1, Office and Residential District, subject to the conditions hereafter set forth, pursuant to ss 21-61, et ~., of the Roanoke County Code: I BEGINNING at a point on the North side of Virgini? Route No. 419, corner to Lonza L. Rush and Ethel M. Radford properties; thence with the line between said properties, N. 410 21' E. passing an iron at 35 feet, in all 194.54 feet to an old iron; thence with the line of another tract owned by Lonza L. Rush and thence with the line of Section No.4, Cresthill, N. 410 24' E. 937.48 feet to an iron; thence with a new division line through the Ethel M. Radford property along the center of a 200 foot wide Appalachian Power Company easement, S. 60 54' 00" E. 1447.90 feet to an iron on the North side of Virginia Route 419; thence with Route 419, N. 370 17' 40" W. 36.21 feet to an iron at point of curve; thence with the arc of a circle to the left whose radius is 1488.15 feet, whose chord ----- ~ "..-- 12-22-81 '~2 2 , - -: , " " is N. 580 09' 20" W. 1059.88 feet, an arc distance of 1083.64 feet to the Beginning, and containing 12.26 acres and being as shown on map made by T. P. Parker, C. E., dated February 9, 1965. It is further ORDERED that the rezoning of the aforesaid property is subject to the following conditions proffered by the Petitioners: (1) There will be only one street or entrance from Virginia Route 419. The entrance shall be two lanes in each direction and divided by a median strip. (2) There will be not more than one sign along Route 419, and the sign shall be limited to 75 square feet. (3) The building or buildings on the property will occupy not more than 25% of the total land area. (4) The property will be developed into not more than 16 lots, and each lot will contain only one building. (5) All utility lines will be installed underground in accordance with the utility company specifications and requirements. (6) All refuse containers will be adequately screened from view. (7) All lighting within the property shall be adequate and shall not be a hindrance to any resident adjacent to the property. (8) There will be a landscaped buffer zone 20 feet wide along the westerly or northwesterly property line adjoining all property zoned for single-family residential development. (9) No portion of any building will be built closer than 60 feet to the rear property line of any single-family residential lot adjoining the property. (10) No building constructed on the property will be more than three stories or 45 feet in height above grade level as viewed from Virginia Secondary Route 419. Adopted on motion of Supervisor White and the following recorded vot . AYES: Supervisors White, Johnson, Park and Myers NAYS: Supervisor Terry IN RE: RECESS Chairman Myers called for a recess at 9:00 p.m. ~ n --:- , I I I I I I .., 12-22-81 223 .' .- . . , . IN RE: RECONVENEMENT The Board reconvened in open session at 9:10 p.m. IN RE: PUBLIC HEARING ON A PROPOSED ORDINANCE AMENDING CHAPTER 10-10 ENTITLED PARKING REGULATIONS DECEMBER 22~ 1981. ORDINANCE NO. 3038 AMENDING SECTION 10-10~ PARKING REGULATIONS OF CHAPTER 10~ MOTOR VEHICLES AND TRAFFIC. BE IT ORDAINED by the Board of Supervisors of Roanoke County~ Virginia~ as follows: 1. That Section 10-10~ Parking regulations be amended to read and provide as follows: Section 10-10. Parking regulations. (a) Courthouse parking. (1) There is hereby authorized the erection of signs reserving five spaces on the courthouse parking lot~ with a thirty minute time limit for the convenience of courthouse customers~ the remainder of the lot to be used in accordance with rules established by the board; it is further authorized~ that the parking lot be periodically patrolled; and~ that where unauthorized parking is found~ the drivers be duly notified. (2) No motor vehicle shall be parked or permitted to remain on the courthouse parking lot for more than two hours between the hours of 8:00 a.m. and 5:00 p.m., Mondays through Fridays, with the exception of the use of the reserved spaces by those persons for whom such spaces are reserved. (3) No motor vehicle or trailer tractor longer than twenty-two feet shall be parked on such parking lot. (4) No motor vehicle shall be parked on a space marked "Reserved" or upon a space across which parallel lines have been drawn. (5) All motor vehicles parked on the lot shall be parked within the spaces as designated by white lines; and no motor vehicle shall occupy more than one such space. (b) Spaces reserved for the handicapped. The owner of any shopping center or business office may designate areas~ not otherwise designated as fire lanes pursuant to this Code, within the parking area of such shopping center or business office to be utilized as parking for the handicapped. Only those vehicles displaying license plates or decals issued pursuant to the provisions of section 46.1-104.1 of the Code of Virginia shall be permitted to park in such spaces. No other vehicle shall be permitted to park in such spaces. (c) Regulations for county-owned property and school board property. The county administrator is hereby authorized to establish regulations regarding parking on county-owned property other than school board property. The school board or its designated agent is hereby authorized to establish parking regulations on school board property. Any person violating any of the regulations established by the county administrator or the school board or its designated agent shall be deemed guilty of ~ 12-22-81 224 a misdemeanor. (d) Additional offenses. In addition to the foregoing, the following shall be considered as offenses under this section: Double parking Parking over allowed time, applicable only to thirty-minute parking spaces. Unattended motor in operation Blocking traffic Parking in reserved space (e) Violations - Schedule of fines. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined according to the following scale: Double parking. . . $ 2.00 Parking over allowed time. . 2.00 Parking improperly. 2.00 Unattended motor in operation. 2.00 Parking in reserved space. 5.00 Blocking traffic. . . . . 3.00 Parking in fire lane. . . 10.00 Parking in area designated for handicapped 5.00 Parking in designated space or county property 3.00 In addition to the imposition of such fines, any motor vehicle parked in violation of this section may be moved to a garage or parking lot for storage at the expense of the owner of such motor vehicle. (f) Same - Ticket requirements. The sheriff shall prepare an appropriate ticket and ticket stub for use in enforcing the violations set out in paragraph (e) above. Any law enforcement officer charged with enforcing this section shall attach, in plain view, to any vehicle parked in violation of this section, a ticket notifying the owner or operator of such vehicle of the violation of a provision of this section and instructing such owner or operator when and where to report with reference to the violation. The time of the violation shall be noted on the ticket and stub. The ticket stub shall be turned in to the office of the treasurer of the county. The ticket and stub shall have corresponding numbers. The ticket shall contain the following statement: "NOTICE: You may pay this by appearing at the Office of the County Treasurer of Roanoke County, 1st Floor, Roanoke County Annex, Salem, Virginia, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. If you prefer, you may mail the ticket and fine to the aforementioned office at P. O. Box 998, Salem, Virginia 24153. Checks should be made payable to the Treasurer of Roanoke County. If you fail to take care of this ticket within seventy-two hours, then further action will be taken which could result in your having to appear in court and paying additional costs." (g) Payment of fine in lieu of court appearance. Each such owner or operator may, within seventy-two hours of the time when such notice was attached to such vehicle, voluntarily appear in the Treasurer's office during regular working hours and waive his right to be formally tried for such offense by paying at such place the appropriate fine as penalty for and in full satisfaction of such violation. (h) Same - Delayed payment of fine; summonses. If the owner or operator of the motor vehicle in question does not appear in the Treasurer's office and pay the fine within seventy-two hours of the time of the offense, as noted on the ticket and stub, the treasurer shall in order to secure the collection of county funds and in accordance with section 46.1-179.01 of the Code of Virginia notify the owner or operator of the vehicle in question, by mail at his last known address or his address as shown on the records of the division of motor vehicles, that he may pay the fine provided by I I I I I I .., 12-22-81 225 . . .. . . . . .' this section for such violation, plus a penalty in the sum of five dollars, within five days of the receipt of the notice, at the treasurer's office. If the owner or operator has failed to pay such fine within such time and upon notice by the treasurer of such fact to the officer issuing the original ticket, such officer shall then issue a summons for the offense or may appear before a magistrate and obtain a criminal warrant which may be served as a summons; but the owner or operator of the vehicle in question may pay to the treasurer the fine prior to the date he is to appear in court; provided, that he also pays necessary costs and the treasurer's receipt therefor shall be conclusive evidence of such payment. (i) Payments and records generally. All fines paid under this section shall be payable to the treasurer of the county, and that office shall Keep appropriate records thereof. This amendment to take effect December 22, 1981. Adopted on motion of Supervisor Terry and the following recorded vote. AYES: Supervisors Terry, White, Johnson, Park and Myers NAYS: None IN RE: PUBLIC HEARING ON A PROPOSED PLAN TO REALIGN THE INTERSECTION OF ORLANDO AVENUE AND PALM VALLEY ROAD IN THE HOLLINS MAGISTERIAL DISTRICT. Gene Robertson, County Engineer, presented a map of the road and area in question and his proposal to alleviate a dangerous intersection. Mr. Robertson suggested making a "T" intersection with stop signs from each direction. Fred Altizer, Engineer, Virginia Dept. of Highways, stated that adding stop signs to an already dangerous intersection would make it more so since the citizens using this heavily traveled road would not be accustomec to the change. He felt the intersection should be left as it now is. Several residents of this area cited many incidents whereby cars had been damaged and automobiles had run off the road and into their yards. Supervisor Hhite stated he would like the record to show that he approves the proposal presented by Mr. Robertson and to submit said proposal to the Highway Dept. and a study be made and brought back to the Board of Supervisors; adopted by unanimous voice vote. IN RE: PUBLIC HEARING TO AMEND CHAPTER 17 OF THE ROANOKE COUNTY CODE IN ITS ENTIRETY TO ENACT REVISIONS TO THE SUBDIVISION ORD n~ANCE Supervisor Terry immediately moved to continue this public hearing until the first meeting in April, 1982; adopted on the following recorded votE r~ 12-22-81 226 - . . . . . . AYES: Supervisors Terry, White, Johnson, Park and Myers NAYS: None IN RE: RAFFLE PERMIT On motion of Supervisor Park and the following recorded vote, a raffle permit was approved for Area 8, Virginia Special Olympics with the fee for said permit waived. IN RE: BUILDING PERMIT Charles R. Lemon was present to commend the county fire department for their help when a fire destroyed a barn and killed some valuable horses beside recently / the Starkey Race track on Merriman Road. In order to add a shed to the remaining stable, a permit would be required and Mr. Lemon requested approval of same. On motion of Supervisor Johnson and the following recorded vote, the permit was approved. AYES: Supervisors Terry, White, Johnson, Park and Myers NAYS: None IN RE: REQUEST OF WALLACE AND MABERY PRICE FOR A SPECIAL USE * PERMIT TO OPERATE A LANDFILL USING STONE, CONCRETE, TREE * STUMPS, AND DIRT, ON PROPERTY LOCATED AT THE CORNER OF * APPROVED STATE ROUTE 641 AND 772 ON TEXAS HOLLOW ROAD IN THE * CATAWBA MAGISTERIAL DISTRICT. * Tim Gubala, County Planner, informed the Board that Mr. and Mrs. Price were unable to attend the meeting and he stated they have had no problem with the landfill and suggested this be approved for a one-year period. On motion of Supervisor Terry and the following recorded vote, the request was approved for a one-year period. AYES: Supervisors Terry, White, Johnson, Park and Myers NAYS: None IN RE: COUNTY ADMINISTRATOR Donald Flanders, Administrator, expressed his gratitude to Super- visors White and Terry for their help and support during the time he has been with the County. ~ . I I I 12-22-81 227 IN RE: ROANOKE COUNTY COURTHOUSE On motion of Supervisor Johnson and a unanimous voice vote, the Board approved the schematics of the new Courthouse and directed the arch- I itects to proceed with the next phase to keep the scheduled beginning of construction on schedule. IN RE: RESOLUTION NO. 3039 DESIGNATING HOLIDAYS FOR ROANOKE COUNTY EMPLOYEES. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the period from and after noon to normal closing hours on December 24, 1981 and December 31, 1981 be, and the same hereby is designated a holiday for Roanoke County employees; and 2. That an attested copy of this resolution shall be posted at the front door of the Roanoke County Courthouse, Roanoke County Office Annex and office of the County Administrator at 430 East I Clay Street in Salem, Virginia. Adopted on motion of Supervisor Park and the following recorded vote. AYES: Supervisors Terry, White, Johnson, Park and Myers NAYS: None IN RE: REPORT - HOP-IN PROPERTY Administrator Flanders informed the Board that County Attorney James Buchholtz is presently working on the matter of the Hop-In property to assure the legalities of the rental agreement and it will be ready for presentation the first regular meeting in January. IN RE: EXECUTIVE SESSION Administrator Flanders requested an executive session at the end I of the meeting to discuss personnel, real estate, and potential litigation. IN RE: COUNTY ATTORNEY County Attorney Buchholtz expressed his pleasure of working with Mr. Terry and Mr. White during their terms of office. He added he would be of service to them as private citizens if the need arises. r- , 12-22-81 228 . . . ~ . . .. IN RE: MOTOR FIRE APPARATUS PUMPER Ed Fitzgerald, Purchasing Supervisor, informed that only one bid was received for purchase of a Motor fire apparatus Pumper/Tanker which was from Grumman in the amount of $90, 578.00. This amount as stated by John I Chambliss, is $25,578.00 higher than previously budgeted. Chief Donald Gillispie informed the Board that Company 3 is willing to pay 1/2 the cost of a lease/purchase on the equipment with $10,000.00 down and $10,000.00 per year for five years. RESOLUTION NO. 3040 ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE FOR THE PURCHASE OF ONE MOTOR FIRE APPARATUS PUMPER-TANKER TO SERVE THE CAVE SPRING FIRE AND RESCUE SQUAD. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain bid of A-I Fire Equipment (Grumman) in the amount of $90,578.00 for the purchase of one motor fire apparatus, 1,000 GPM pumper-tanker with a 1,000 gallon booster tank, upon all and singu- lar the terms and conditions of the invitation to bid, the specifications this resolution, be, and hereby is ACCEPTED; and I of the County of Roanoke, the bidder's proposal and the provisions of 2. That the County Administrator is hereby authorized and directed to enter into a contract upon a form approved by the County Attorney with A-I Fire Equipment for the purchase of this equipment. Adopted on motion of Supervisor Terry and the following recorded vote. AYES: Supervisors Terry, White, Johnson, Park and Myers NAYS: None IN RE: REQUEST TO ADD GREEN HILL DRIVE INTO THE STATE HIGHWAY SYSTEM On motion of Supervisor Terry and the following recorded vote, the request to add Green Hill Drive from its intersection with State Route 774 to end was approved for submission into the State Highway System. AYES: Supervisors Terry, White, Johnson, Park and Myers I NAYS: None IN RE: REQUEST TO ADD APPLE BLOSSOM LANE INTO THE STATE HIGHWAY SYSTEM On motion of Supervisor Terry and the following recorded vote, the request to add Apple Blossom Lane from its intersection with State Route 692 ~ I I I ~ 12-22-81 229 to end was approved for submission into the State Highway System. AYES: NAYS: IN RE: Supervisors Terry, White, Johnson, Park and Myers None RELEASE OF TITLES #F76300 and unit #F70030 be released in order to sell or trade the whole or Clearbrook Rescue Squad requested the County's titles to unit parts of units. the request was approved. On motion of Supervisor Johnson and the following recorded vote, AYES: NAYS: IN RE: Supervisors Terry, vfuite, Johnson, Park and Myers None FIRE HYDRANT ON HEDGELAWN AVENUE John Hubbard, Director, Utility Department, reported that fire hydrants are needed in the Hollins District of Roanoke County and upon request from Supervisor White, suggested a hydrant be placed at the corner of Hedgelawn Avenue and Heath Circle. This hydrant to be installed by J. P. Turner & Brothers at a cost of $1,300.00 which has not been budgeted. On motion of Supervisor White and the following recorded vote, the following resolution was approved for installation of the fire hydrant. DESCRIPTION Class: Fund: Dept: Object: Dept: AYES: NAYS: IN RE: APPROPRIATION RESOLUTION NO. 3041 ACCOUNT NUMBER INCREASE (DECREASE) Expenditures General Fire Fire Hydrants 03-6-03201-70091 $1,300 Unappropriated Balance 03-6-99999-99999 ($1,300) Adopted on motion of Supervisor White and the following recorded vote. Supervisors Terry, m1ite, Johnson, Park and Myers None REQUEST OF ADAMS CONSTRUCTION COMPANY TO REZONE FROM * RESIDENTIAL DISTRICT RE TO INDUSTRIAL DISTRICT M-2 * A PARCEL OF LAND CONTAINING 112 ACRES LOCATED AT THE * APPROVED NORTHEASTERLY INTERSECTION OF INTERSTATE 1-581 AND * 1-81 IN THE CATAWBA MAGISTERIAL DISTRICT. * This request was continued from the meeting of December 9, 1981. Several citizens appeared to oppose and stated their opposition to rezoning r- 12-22-81 230 because of inadequate access to the site and the inadequate buffer in relation to this property. After some discussion, Supervisor Terry moved to approve the request with the conditions as proffered. Adopted by the following recorded vote. FINAL ORDER NOW, THEREFORE BE IT ORDERED that the aforementioned tract of land, more particularly described in Exhibit A, attached hereto and made a part hereof, be rezoned from Residential Estates District RE to Industrial District M-l and Industrial District M-2, subject to the following conditions: (1) The property shall not be used for any of the following uses: battery manufacture, blacksmith shop, brick manufacturing plants, sawmills, wood yards, spinning mills, public utility generating, booster, or relay stations; and (2) The "Buffer Zone" described in Exhibit B, attached hereto and made a part hereof, shall not be used for any of the uses enumerated in Section 21-89 of the Roanoke County Zoning Ordinance except those permitted under paragraph (1) thereof (uses permitted in Industrial M-l District), BE IT FURTHER ORDERED that a copy of this order be transmitted to the County Planner and that he be and hereby is directed to reflect that change on the official zoning maps of the County. EXHIBIT A TO FINAL ORDER (Rezoning of approximately 112 acres located at the northeasterly intersection of Interstates 1-581 and 1-81) Tract 1 (Northerly Portion) BEGINNING at a point on the southeasterly right-of-way of Interstate Highway 81, said point being the most northerly corner of the Brevard Hollard property; thence with the right-of-way line of Interstate Highway 81 and leaving the said Holland property, N. 540 06' E., 65.05 feet to a point; thence N. 510 54' E. 254.70 feet to a point on the southerly side of Virginia secondary Highway 768 (also known as Oscar Frantz Road); thence leaving Interstate Highway 81 and running with the property (now or formerly) of Wallace P. and Evon B. Muse (D.B. 513, Pg. 199), S. 620 44' E. 436.84 feet to a point; thence S. 630 53' E, 600.46 feet to a point at corner to Thomas J. Hughes, Jr. (D.B. 33, Pg. 253); thence with same S. 320 25' E. 667.51 feet to a point, a corner to James R. France; thence with same S. 320 26' E. 669.90 feet to a point; thence S. 730 48' E. 126.33 feet to a point, a corner to the property of Strauss Construction Co., Inc. (D.B. 961, Pg. 719); thence with same the following seven (7) bearing and distances, S. 640 32' 30" W. 236.29 feet; thence S. 530 15' 15" W. 166.00 feet; thence S. 490 10' 15" W. 480.00 feet; thence S. 360 50' 15" W. 84.00 feet; thence S. 480 45' E. 136.00 feet; thence with a curved line to the left, said curve having a radius of 435.00 feet, I I I I I I -c- ._ 12-22-81 - a chord bearing and distance of S. 360 46' w. 68.01 feet and an arc distance of 68.08 feet to a point; thence S. 320 17' w. 446.00 feet to a point, a corner to Anna Lowry (D.B. 330, Pg. 151); thence leaving the aforesaid Strauss Construction Co., Inc. property and running with said Lowry and also C. A. Maurer (D.B. 330, Pg. 153) and J. V. Milward, N. 610 04' w. 625.60 feet to a point in the line of W. N. Lowry (D.B. 337, Pg. 521); thence with same N. 10 17' w. 190.01 feet to a point; thence running six (6) lines through the property of Adams Construction Co. as follows; N. 460 42' 04" E. 714.49 feet, N. 450 w. 99.0 feet, N. 60 IS' 14" W. 367.19 feet, S. 720 26' 47" vI. 513.93 feet, due west 980.0 feet S. 640 26' 53" W. 1391.05 feet to a point on the southeasterly right-of-way line of Interstate Highway 81; thence with same and running in a northeasterly direction, approximately 1320 feet to a point on the line of the property purchased by Adams Construction Co. from A. M. Crotts; thence continuing with the right-of-way line of Interstate Highway 81 with a curved line to the right, said curve having a radius of 11,366.76 feet, a chord bearing and distance of N. 480 04' 30" E. 768.77 feet and an arc distance of 768.92 feet to a point; thence S. 380 27' 10" E. passing a concrete Highway monument at 15 feet and continuing ahead with the property of Brevard Holland a total distance of 922.67 feet to a point; thence continuing with the Brevard Holland property the following six (6) bearing and distances; N. 540 49' E. 131.6 feet; thence N. 560 II' E. 89.19 feet; thence N. 430 39' W. 144.30 feet; thence N. 130 47' W. 283.00 feet; thence N. 160 26' W. 351.50 feet; thence N. 110 02' W. 237.50 feet to the point of BEGINNING, containing portions of properties purchased by Adams Construction Co. from Strauss Construction Co., Inc. J. B. Thomas Estate and A. M. Crotts. Tract 2 (Southerly Portion) BEGINNING at a point on the southeasterly right-of-way line of Interstate Highway 581, a corner to the property of Stearns Wright Jackson; thence with Interstate Highway 581, N. 190 44' W. 108.61 feet to a point; thence N. 50 06' W. 806.60 feet to a point; thence leaving Interstate Highway 581 and running (4) line through the property of Adams Construction Co., N. 860 II' 09" E. 150.33 feet, S. 210 48' 04" E. 134.63 feet, due east 130.0 feet and N. 840 23' 20" E. 1194.81 feet to a point in the line of J. W. Conner property, (D.B. 374, Pg. 155); thence with same S. 10 01' W. 15.00 feet; thence S. 820 39' E. 103.17 feet to a point, a corner to R. C. Thomas property (D.B. 311, Pg. 31) thence with same S. 40 58' W. 291.7 feet to a corner post; thence S. 420 10' E. 250.5 feet to a point in Woodhaven Road (Virginia Secondary Highway 628); thence with same S. 620 25' W. 383.80 feet; thence N. 190 58' W. 15.03 feet to a point on the northerly side of said Woodhaven Road; thence with same S. 660 30' 45" W. 575.35 feet to a point; thence S. 660 13' 15" W. 207.58 feet to a point; thence N. 230 46' 45" W. 15.70 feet to a point; thence S. 660 13' 15" W. 102.37 feet to a point, a corner to Stearns Wright Jackson property; thence with same and leaving Wood1haven Road N. 180 47' W. 312.45 feet to a point; thence S. 650 58' W. 474.76 feet to the point of BEGINNING, containing portions of properties purchased by Adams Construction Co. from Gladys W. Morris and the J. B. Thomas estate. The two above described properties contain a total area of 112.1 (more or less) acres (land to be zoned M-2) as shown on plat showing land to be rezoned property of Adams Construction Co. dated October 28, 1981, by Buford T. Lumsden & Associates, P.C., Certified Land Surveyors, Roanoke, Virginia. ---, 231 ..' r 12-22-81 232 EXHIBIT B TO FINAL ORDER (Rezoning of approximately 112 acres located at the northeasterly intersection of Interstates 1-581 and 1-81) BUFFER ZONE BEGINNING at the most easterly corner of the Adams Construction Co. property, a corner to Strauss Construction Co., Inc., (D.B. 961, Page 719) in the line of James R. France property; thence with said Strauss Construction Co., Inc. the following seven (7) bearing and distances, S. 640 32' 30" W. 236.29 feet; thence S. 530 15' 15" W. 166.00 feet; thence S. 490 10' 15" W. 480.00 feet; thence S. 360 50' 15" W. 94.00 feet; thence S. 480 45' E. 136.00 feet; thence with a curved line to the left, said curve having a radius of 435.00 feet, a chord bearing and distance of S. 360 46' W. 68.01 feet and an arc distance of 68.08 feet to a point; thence S. 320 17' W. 446.00 feet to a point, a corner to Anna Lowry (D.B. 330, Pg. 151); thence leaving the aforesaid Strauss Construction Co., Inc. property and running with said Lowry and also C. A. Maurer (D.B. 330, Pg. 153) and J. V. Milword, N. 610 04' W. 625.60 feet to a point in the line of W. N. Lowry (D.B. 337, Pg. 521); thence with same N. 10 17' W. 190.01 feet to a point; thence with a line through the property of Adams Construction Co., N. 460 04" E. 1557.36 feet to a point in the line of James R. France; thence with same S. 320 26' E. 476.66 feet to a point; thence S. 730 48' E. 126.33 feet to the point of BEGINNING, containing 20.1 acres (more or less) and being a portion of the property purchased by Adams Construction Co. from Strauss Construction Co., Inc. AYES: Supervisors Terry, Johnson, Park and Myers NAYS: Supervisor White Adams Const. presented an Agreement for Improved Access -(filed with minutes). IN RE: REQUEST OF PAUL HOLLYFIELD TO PLACE A COMMERCIAL * CAMPGROUND IN AGRICULTURAL DISTRICT A-l ON A 16.5 * ACRE TRACT ON THE SOUTH SIDE OF STATE ROUTE 889 * 1/2 MILE WEST OF STATE ROUTE 221 IN THE WINDSOR * HILLS MAGISTERIAL DISTRICT. * APPROVED On motion of Supervisor White, this request was reconsidered. Arthur Crush, Attorney for Petitioner, again stated the plan for installing this campground with all modern facilities. The Board inquired as to the access road for the campground and in particular about Rt. 711. Mr. Hollyfiel stated that Rt. 711 would not need to be used as access and that if the public road is inadequate, he will proffer the condition that a private road will be provided. On motion of Supervisor Terry and the following recorded vote, the request was approved. AYES: Supervisors Terry, White, Johnson, Park and Myers NAYS: None I I I , - IN RE: EXECUTIVE SESSION I I I , 12-22-81 233 , On motion of Supervisor Terry and a unanimous voice vote, the Board went into Executive session at 10:45 p.m. , to discuss legal, personnel and real estate matters. IN RE: RECONVENEMENT In order to attend to the remaining business, Supervisor Park moved to reconvene at 10:48 p.m.; adopted by unanimous voice vote. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor White stated "My past fourteen months on the Board of Supervisors has not worked out as well or as enjoyable as I had perceived it to be when I was elected in November 1980 and I tell you that I looked forward to serving in our government as a representative for the Hollins District. There's nothing that can dissolusion enthusiasm as fast as constant and unfair criticism. I guess that I was not prepared for either and I found that serving was a very difficult job in trying to make the proper and right decisions when it was ridiculed and called wrong, or unfair or stupid. It's very disheartening to me. The news media, with few excep- tions, has made my Board tenture a miserable fourteen months and if I had any legal recourse against some of the so-called, quote facts unquote, that they have published and written about, I would certainly initiate it. The final result is that qualified people have become less and less inclined to seek public office. Special interest groups are mounting in strength and correct decisions are becoming harder to deduce when them and the newspaper don't know the facts or really bother to find them out. Finally I tell you in complete honesty that I'm very glad to give up this seat. I've tried to give my level best to represent the citizens in my district, apparently they did not agree, or lead to believe that I failed because they turned me down for re-election. I leave with a feeling of relief but apprehensions, I'm still concerned about what lies ahead for my district and for my County. I tender you farewell, and I thank those County employees in our government who assisted me in whatever accomplishment I was able to make and things that I might have gotten done. Thank you." "... 12-22-81 2.34 -. .~ Supervisor Terry stated " With a lot of people saying something to the effect ...."Well, after all the hours and hard work you've devoted to the people and the county... How do you feel now? This repeated question coupled with my own personal question about my accomplishments and unfinished goals requires you to stop and taken inventory. With my thoughts in review, I can answer the question... How I now feel? I Personally, I have more satisfaction in what was accomplished by 'rocking the boat' and having a string of positive good things of accomplish- ments for our benefit as county citizens, than I would have, to re-election, to the same old problems, as some board members might in being re-elected by retaining the status quo and not being concerned about eliminating problems if it required 'rocking the boat' or 'stepping on toes' or 'taking some grief' or whatever label you want to put on it. At least the new board members will be able to pick up on what has been accomplished and have smoothe sailing as a result of what we went through during the storm. To continue how I now feel...of course I wanted an opportunity to continue the on-going projects, but the people spoke so I can only say I feel gratitude for the opportunity I had to serve, and for the enlightenment of government and people that could not have been obtained any other way. I have always loved the valley and the people and been interested in civic I and governmental affairs. This doesn't stop with an election. I still am. I am grateful for the friendships developed. When I think of the conditions of the county when I took office.... and the condition of the county upon leaving office, there is only ONE way to feel! That is with a sense of pride for all the positive things that took place during those years! We moved a lot of obstacles to progress, jumped a lot of hurdles and started the county on a much safer course. Proud to have been able to leave the county in much better shape than it was upon taking office; to have made changes beneficial for the citizens and the supervisors elect; to have made changes that will permit the citizens to obtain service they have every reason to expect.... 'without having to call or visit their supervisor for a routine matter to be handled.' In return....this will permit, or certainly should permit, the I ~ , 12-22-81 235 I I I supervisors taking office not to have to intercede or have the burden put upon them to intercede in so-called 'day-to-day' or routine matters as we were. We were able to get this accomplished rather than to continue the status quo. With the hiring of an Administrator, we had looked forward to being able to avoid the hassle of our own involvement by having someone else to do it. This will be one of the 'fruits of our labor' that we can pass on for the benefit of the supervisors-elect, citizens, and employees. You must remember, the people had been dissatisfied with their change to the Executive form of government and the management of it, and voted to change back to the traditional form of government as I was elected to office. This meant the same person who had the title changed from County Executive to County Administrator and some of the same people reporting to him expected only a title change but not in performance. This is now corrected. The amount of money and handling of finances had been a problem prior to my being elected to office. With some saying we had a huge surplus and other saying NOT SO. This continued to be a problem right up to this past budget session. We knew who and what circumstances we were trying to work with. It was a most trying situation having to get to the bottom line to know what we could do to avoid the hardship of a big surplus for the tax- payers and yet to have enough for the employees and to be able to provide the services. Especially with each of the five supervisors being given different figures and each time they asked. I intended to see this practice stopped and it has been. The best ex- ample of this is the fact that 20 minutes before we voted on the budget I was told by the County Finance Director that we had an additional million, three hundred thousand dollars. Here again, we took a lot of grief from the news media about an 809 tax rate that was used by other members and the media to berate as poor management when in reality it was the very opposite. It was good management considering the circumstances at the time and it would have been a thousand times easier to have continued the same old process and not rocked any boats and been a 'good Joe' ....than to have taken the approach..... 'look, 3 years for me is too much, I am going to bite the bullet, let the chips fall where they will, but put an end to this process of having a budget presented and 12-22-81 236 and funded without all the financial facts of the county. Election or no election! This will no longer be the case! Come budget study time.....it will be with improved, knowledgeable, cooperative circumstances. This is something good to think you have helped create for the coming board. The employees had become used to working with the Executive form of government and a change for them was something to be worked out with the creation of Commissioner of the Revenue and Treasurer, as well as making the Clerk of the Court independent rather than reporting to the County Executive. This caused some rough spots which were worked out not by desire or wishing, but by devoting many hours of concerned interest. Upon taking office---the cry had been the need to dissolve the Public Service Authority. This had been the desire of citizens, builders, or about anybody who had had any dealing with the authority which had become a monster answerable to themselves. I had set out to do something about this PSA monster and as with most anything you do - to make or bring about a change....you can expect criticism. It soon became apparent that if we were ever going to be able to dissolve the PSA, it would not be by continuing the practice of appointing other people to serve on that board. Since it was only that board who had the authority to vote to dissolve itself. So with the appointment by the supervisors to serve as board members themselves on PSA--------the adverse publicity hit the newspaper as if we were just trying to control everything for our personal satisfaction. This caused some trials and tribulations but our goal was met and the PSA dissolved and a county utility department created that can now answer to the supervision the elected officials provide. Upon taking office the county didn't have any water system. We worked to get one started and the mention of wells and storage tanks and buying private water systems to tie a uniform system together for all County citizens to benefit from------was like the other accomplishments. It met immediate adverse publicity and ridicule from the local paper. The end result however has been another nice accomplishment....and the wells met our need and proved to be very good this summer as we watched Carvens Cove become alarmingly low. I I I -< I I I 12-22-81 237 <<_ F<<< _ < -< - - - <<< - -<- <- < <p < -. .<. < < <<< < <<< <<< < __ .,__ _<_<_< __ ___.U. . '><- ..... _ < < '" <, u.' < We were able with the PSA dissolved, the law suits out of the way and creation of our own utility department, to make a water agreement with other valley governments...that enabled us to obtain and move water wherever needed in the valley. Another accomplishment that was blown out of proportion by the newspaper before the administration had time to cover it with employees---- was one very good thing for both the county employees and taxpayers and I'm delighted at least to see before leaving office, that the newspaper has reported that it is working smoothly, that is the employees' insurance plan. With the increased cost and many large as well as small companies and industries making a change, it was necessary for the county to do the same. This can be chalked up as another positive accomplishment that will provide better coverage for the employee at a big savings to the taxpayer. The fire and rescue services were in great need of improved and expanded facilities and equipment. The need was immediate and the service being one of life or death...we choose to seek to improve the service county- wide rather than one area at a time and the citizens agreed by approving the sale of bonds to provide it. This certainly is a positive accomplishment the new board will find behind them rather than in front of them to deal with. Another aspect behind them is the controversial department head and now they have one working with them and the employees and volunteers as well...they are very pleased. I have been very much interested in orderly planning and the development of the entire valley. I have observed the distress to business as well as residents when spot zoning is allowed and the frustration it causes. Knowing how the people had felt about Rt. 419 and related areas remaining residential, and the need for certain type development where services are available. I sought to settle the water suits and estaplish the Utility Dept. and negotiated the water agreement. Provided about a hundred acres in south county next to Hunting Hills with water and sewage to enable multi- family units to be built since the builders had said they needed to move into single family areas since other land with these services was not avail- able for this type housing. 12-22-81 238 ",..,.. -_.' , "........, ..-. ..,.. ..., .. .., -...... ..., -~,- .... -..... .. ' ,.. -_..... - .... .. '- ,... .. ... ... . ,.. ...... .---... ..- .... ..-.. -, .. .. . , _,"_,..,,"'_ .,.. ,.. .'_r.._...._...._,..,..'. __.. .. ..._...._'..._.'_................... ..,...' .. . ...,--_....... ,. -- After listening for over six years to talk and planning concerning t e Tinker Creek interceptor line and it looking like more planning and talking stages were to continue and just continue to delay the development of the northern county..Botetourt area, and the need the builders had for this to become a reality rather than more talk. I personally sought and can take I credit for working to remove the 'road blocks' that opened up the lower part of Tinker Creek permitting the development of northern county and Botetourt... eliminating the sewage lagoon in the Summerdean area. This was not accomp- lished by two meetings a month but by many hours of negotiations after contacting Steve Shelton, the Botetourt County Administrator, and working with the State Water Control Board. The board met a challenge in about everything they did as you can begin to see from this, but by following through rather than rolling over to play dead; in many cases, the Board of Supervisors, come January and reorgznizing, will be conducting the affairs of government for the people from a strenghtened rather than weakened position. An example is the fact that the authority of the Board to zone property was being made a mockery of. I More and more cases were being taken to court. By meeting the challenge and taking 2 cases to the Supreme Court, which upheld the Supervisors, it permits this Board to have another obstacle out of the way as they profit from their predecessors' experience and know they are on solid footing. Just think what it might have been with a little positive support... considering what was accomplished with it 'up-hill all the way' . We have come a long way....we haven't arrived. I look forward to this board continuing the progress and offer them any assistance or support they might seek and wish them the best as they make decisions affectin us all." IN RE: RESOLUTION NO. 3042 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO LAWRENCE E. TERRY FOR HIS SERVICE AS A MEMBER OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY. I WHEREAS, Lawrence E. Terry was elected to the Board of Supervisors of Roanoke County from the Windsor Hills Magisterial District for a four year term commencing January 1, 1978; and WHEREAS, Mr. Terry served the County of Roanoke tirelessly, 12-22-81 239 - . -:- devoting many hours to the business of Roanoke County both as a member and chairman of the Roanoke County Public Service Authority and as a member, vice chairman and chairman of the Roanoke County I Board of Supervisors, in all of which capacities Mr. Terry served with distinction. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that the Board does express on behalf of itself and the citizens of Roanoke County its most sincere and deepest appreciation to Lawrence E. Terry for his service to Roanoke County and its citizens over the past four years and does further wish Mr. Terry continued success in his future endeavors and does express the hope that he will continue his interest in the affairs of Roanoke County. Adopted on motion of Supervisor Johnson and the following recorded vote. AYES: Supervisors White, Johnson, Park and Myers NAYS: None I ABSTAIN: Supervisor Terry IN RE: RESOLUTION NO. 3043 EXPRESSING THE APPRECIATION OF THE ROANOKE COUNTY BOARD OF SUPERVISORS TO T. M. "MICKEY" WHITE FOR HIS SERVICE AS A MEMBER OF THE ROANOKE COUNTY BOARD OF SUPERVISORS. WHEREAS, T. M. "Mickey" White was elected to the Board of Supervisors of Roanoke County from the Hollins Magisterial District to serve for the balance of an unexpired term commencing in November of 1980; and WHEREAS, during the time Mr. White served on the Board of Supervisors of Roanoke County he served with distinction, exhibiting significant ability to understand and deal with matters affecting Roanoke County in a way which he felt to be in the best interest of all the citizens of I Roanoke County. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that it does extend its most sincere expression of appreciation on behalf of itself and the citizens of Roanoke County to Mr. White for his service on the Board of Supervisors of Roanoke County and does further express to Mr. White its sincerest wish for his continued 12-22-81 i 240 . , , ,',' ". '0 . .. , , '0 success in the future and does express the hope that he will maintain his deep interest in the activities and well-being of Roanoke County. Adopted on motion of Supervisor Johnson and the following recorded vote. AYES: NAYS: Supervisors Terry, Johnson, Park and Myers None ABSTAIN: Supervisor White Supervisor Johnson presented a plaque from the Board and Roanoke County for Bruce Mayer upon his leaving Roanoke County as Assistant Adminis- trator which commended his service while employed with the county. Supervisor Johnson inquired of Gene Robertson, Engineer, as to the possibility of getting a street light installed on Parkwood in the Green Valley area. Mr. Robertson informed Mrs. Johnson that no money is available in this fiscal year budget but after July 1st he would consider the matter. Supervisor Park expressed his best wishes to Messrs. White and Terry upon their leaving the Board. Chairman Myers also expressed his sentiments to the two out-going Supervisors. IN RE: EXECUTIVE SESSION On motion of Supervisor Park and a unanimous voice vote, the Board went into Executive session at 11:00 p.m. to discuss personnel, real estate, and potential litigation. IN RE: RECONVENEMENT The Board reconvened in open session at 11:40 p.m. on motion of Supervisor Terry and a unanimous voice vote. IN RE: APPOINTMENTS On motion of Supervisor Terry and a unanimous voice vote, the following citizens were reappointed for a three-year term to the Roanoke Valley Mental Health Association Board of Directors: . , , . I I I I I I 12-22-81 241 (a) James R. Austin - 2923 Rosalind Avenue, S. W., Roanoke, Va. 24014 (b) Leo P. Buckley Jr., 803 Red Lane, Salem, Virginia 24153 (c) Frank G. Selbe III, 101 - 27th Street, S. E., Roanoke, Va. 24014 IN RE: ADJOURNMENT meeting was adjourned at 11:45 p.m. On motion of Supervisor Johnson and a unanimous voice vote, the ;p- ~JJr:J::::r~ ' CHAr N