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6/22/1982 - Regular ~ 6-22-&2 522 Roanoke County Board of Supervisors Salem-Roanoke County Civic Center Salem, Virginia June 22, 1982 I 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 fourth Tuesday and the second regular meeting of the month of June, 1982. Present: Chairman Edward C. Park, Jr.; Vice Chairman Athena E. Burton; Supervisors May W. Johnson, Gary James Minter, and Robert E. Myers. Absent: None IN RE: CALL TO ORDER The meeting was called to order by Chairman Park at 3:10 p.m. Vice Chairman Burton immediately moved to go into executive session to I discuss personnel, real estate, and legal matters, pursuant to Section 2.l-344(a) (1), (2), and (6) of the Code of Virginia. Her motion was adopted by a unanimous voice vote. At 5:40 p.m. Supervisor Myers moved to return to open session; his motion was adopted by a unanimous voice vote. Supervisor Hyers then I ! I immediately moved to recess for dinner; his motion was unanimously i ! I adopted. I I I I At 6:20 p.m. Supervisor Minter moved to return to open session; I I his motion was adopted by a unanimous voice vote. I I I I I , I ! , IN RE: CALL TO ORDER Chairman Park called the meeting to order at 6:25 p.m. Supervisor Minter immediately moved to go into executive session to discuss personnel, real estate, and legal matters, pursuant to Section 2.l-344(a) (1), (2), i ! and (6) of the Code of Virginia. His motion was adopted by a unanimous I voice yote. ~ ~ -" '. 6-22-82 ~~~ At 7:00 p.m. Supervisor Minter moved to return to regular session and the motion was adopted by a unanimous voice vote. Chairman Park advised those present that the Supervisors had I been meeting since 3:00 p.m. and that the meeting had already been called to order. IN RE: INVOCATION/PLEDGE OF ALLEGIANCE John M. Chambliss, Jr., Roanoke County Director of Finance, offered the invocation; the pledge of allegiance to the flag was then recited in unison by all present. IN RE: ITEMS SUBMITTED FOR INFORMATION Supervisor l1inter moved that the report on Referrals to the Planning Commission, the Summary of Appropriations from the General Operating Fund through June 8, 1982, the list of Accounts Paid during April, 1982, and the letter from A. S. Brown, State Secondary Roads I voice vote. IN RE: APPROVAL OF MINUTES Supervisor Johnson moved that the minutes of the regular Board meeting held May 25, 1982, and of the Special Board meeting held June 2, 1982, be approved. Her motion was adopted by a unanimous voice vote. IN RE: PUBLIC HEARINGS i I I I I ~ APPLICATION OF BOBBY W. PARRISH, SR. AND JEANNE M. PARRISH FOR A SPECIAL EXCEPTION PERMIT TO PARK A 110BILE HOME ON A I-ACRE TRACT LOCATED ABOUT 400 FEET SOUTH FROM THE DEAD END OF STATE ROUTE 603 IN CATAWBA MAGISTERIAL DISTRICT * I * * * APPROVED * Mr. and Mrs. Parrish were present for this public hearing; no one was present in opposition. Supervisor l1yers moved that their request be approved, subject to the provisions of the County Zoning Ordinance as ~ ~ 6-22-82 524 it pertains to mobile homes. His motion was adopted by the following recorded vote: AYES: Supervisors Burton, Myers, Minter, Johnson, and Park. I NAYS: None APPLICATION OF PAUL W. HICKS FOR A SPECIAL EXCEPTION PERMIT TO PARK A MOBILE HOME AN 11.5-ACRE TRACT ON THE SOUTH SIDE OF STATE ROUTE 910 ABOUT 1,400 FEET FROM ITS INTER- SECTION WITH ROUTE 778 IN CATAWBA DISTRICT * * * * APPROVED * Mr. Hicks was present for this public hearing; there was no opposition. Supervisor Myers moved that the request be approved, subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes. His motion was adopted by the following recorded vote: AYES: Supervisors Burton, Myers, Minter, Johnson, and Park NAYS: None I APPLICATION OF MARVIN T. TURMAN FOR A SPECIAL * EXCEPTION PERMIT TO PARK A MOBILE HOME ON A * l-ACRE TRACT LOCATED ON A PRIVATE ROAD ON THE * WEST SIDE OF U.S. ROUTE 220 ABOUT 600 FEET * SOUTH FROM THE INTERSECTION OF ROUTE 220 WITH * STATE ROUTE 676 IN THE CAVE SPRING DISTRICT * APPROVED Mr. Turman was present for this public hearing; there was no opposition. Supervisor Johnson moved that the request be approved, subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes. Her motion was adopted by the following recorded vote: AYES: Supervisors Burton, Myers, Minter, Johnson, and Park NAYS: None APPLICATION OF DONALD Z. AND CHRISTINE G. LOVELACE FOR A SPECIAL EXCEPTION PERMIT TO PARK A MOBILE HOME ON A 3.38-ACRE TRACT AT 1814 RICHLAND HILLS DRIVE IN THE CATAWBA MAGISTERIAL DISTRICT * ~ ft * * APPROVED * I Mr. and Mrs. Lovelace were present for this public hearing; no one was present in opposition. Supervisor Myers moved that their request be approved, subject to the provisions of the Roanoke County Zoning Ordinance as it pertains to mobile homes. His motion was adopted by AYES: Supervisors Burton, Myers, Minter, Johnson, and Park I I I- I \ i the following recorded vote: NAYS: None ~ 6-22-82 ~2 ~ I APPLICATION OF WALLACE M. WALKER FOR A SPECIAL * EXCEPTION PERMIT TO PARK A MOBILE HOME ON A * 2.l83-ACRE TRACT ON THE SOUTH SIDE OF STATE * ROUTE 622, ABOUT 1.9 MILES FROM ROUTE 311 IN * THE CATAWBA MAGISTERIAL DISTRICT * CONDITIONAL APPROVAL Mr. Wallace Walker was present for this public hearing; Mr. I William G. Pence was present in opposition. Mr. Pence advised he was trying to sell his house and that the realtor told him a mobile home in the vicinity would make the sale hard. Supervisor Myers showed Mr. Pence the map of the area provided in the Supervisors' agenda packet. Mr. Walker, Mr. Pence, and about eight other persons opposed to the mobile home gathered before the Supervisors and discussed the matter. Supervisor Myers asked those persons opposed if they would withdraw their opposition if the i . permit were issued for only a two-year period while Mr. Walker was building his house, the mobile home to be moved at the end of two years. Most of the opposition agreed to this suggestion, and Supervisor Myers then moved that the permit be granted for two years only, and on the condition that a house be built on the tract. His motion was adopted by the following I recorded vote: I AYES: Supervisors Burton, Hyers, Hinter, Johnson, and Park NAYS: None APPLICATION OF ERNEST J. \JALKER FOR A SPECIAL * EXCEPTION PERMIT TO PARK A l'.fOBILE HOME ON A i~ 2.l84-ACRE TRACT ON THE SOUTH SIDE OF STATE * CONTINUED TO ROUTE 622, ABOUT 1.9 MILE FROM ROUTE 311 IN THE * JULY 27, 1982 CATAw~A MAGISTERIAL DISTRICT. * No one was present for this public hearing. Mr. Claude G. Lee, Secretary to the County Board of Zoning Appeals, advised that upon investigation of t1r. Walker's application, it was found that he needs to secure a variance permit from the Board of Zoning Appeals before the Supervisors consider the request. Mr. Lee asked that this matter be continued to the next meeting of the Board of Supervisors. Supervisor I Myers so moved and his motion was adopted by the following recorded vote: AYES: Supervisors Burton, Hyers, Minter, Johnson, and Park NAYS: None , _I ~ ~ 6-22-82 526 I PETITION OF SM.lliEL L. LIONBERGER, JR. AND * DONALD P. PEERY REQUESTING REZONING FROM * R-l TO R-3 OF 4.75 ACRES ON THE WEST SIDE OF* ROUTE 419 AT THE SOUTHEAST END OF BRIDLE * LANE AND ADJOINING BLOCK 5, SECTION 1 OF * GLEN HEATHER FARMS IN 1iJINDSOR HILLS DISTRICTi~ TO PERMIT CONSTRUCTION OF A TOWNHOUSE COMPLEX. CONDITIONAL APPROVAL Mr. Lionberger and Mr. Peery were present for this public hearing. They identified themselves as owners of the land. Mr. Peery advised they planned to build 39 townhouses and pointed out that the land fronts mostly along Route 419. He said the townhouses would be a buffer between the commercial development along 419 and the residential area off 419. He felt that this project would be the best use for the property and would be a plus to the surrounding area. Mr. Lionberger asked that their request be considered on its merits and not on emotional pleas that might be made. He stated that this use would fit into the character of the surrounding area and then discussed the traffic flow from the townhouses and its impact on the 419 traffic. He further stated that projected school enrollments are declining and that potential children from the townhouses I would not create a problem for the school system. He said the sewer system is adequate to handle the project and water is available. He also said he and Mr. Peery have agreed to incorporate into their plan a separate entrance off Route 419 instead of Stoneybrook Drive. Mr. Lion- berger stated that a traffic safety study has been done which indicated 18.3 per cent of vehicles headed north on 419 make a left turn from Stoney- brook and that their longest wait was 50 seconds. He said the townhouse complex would add one additional vehicle every five minutes during daylight hours. He then showed those present the architects' drawing of the townhouse exteriors. he said the townhouses would be for sale, not rented. He outlined the petitioners' development plan and mentioned that pine trees would be planted to screen the project from the residential R-l area. I Mr. Lionberger was asked if the land would be conveyed to the purchasers of the townhouses; he replied that the townhouses would be sold with land. He further stated there would be no pool or recreational facilities on the property, but there would be access to the Sugar Loaf Swim Club facilities. This concluded the petitioners' presentation. Three presons had signed forms indicating they wished to speak in opposition to this petition for rezoning. Chairman Park asked that each 1--- ~ P"'" 6<2~G2 i27 of them limit his comments to five minutes. The first opponent was Mr. Will Estes, spokesman for the Southwest County Civic Association, who advised they could not support the project. He said citizens in the 419 prea are very concerned that 419 remain a parkway area instead of possibly being developed like Williamson Road. He requested that the petition for I rezoning be denied. I I i i I , : f i i I . i ! Ii Ii I! I I I The next speaker was Mr. Jack V. Altizer, who advised he was speaking on behalf of the Oak Grove Civic League and property owners adjacent to the proposed project. He said the League and property owners are opposed, under any terms or conditions, to this particular project and that it would unduly create traffic congestion on roads that are already hazardous. He also mentioned that the County Engineer has gone on record against the proposed access point onto 419. Mr. Altizer's second point was the density of the area businesses and existing multi-family developments. He said thesl townhouses would depreciate the value of surrounding houses and there was the potential for noise problems. l1r. Altizer also mentioned the developers could give no assurance that the units would not be rented out in the I future. His last point was that it is the Supervisors' duty to preserve continuity and harmonious real estate development; he then asked that this request not be granted because it would be a signal to other developers to come in with other developments; he again asked that the petition not be r,ranted. Mr. Richard Perdue was the third person to speak in opposition to this proposed rezoning. He described traffic accidents that have happened in the vicinity. He also said development in the area is causing a drainage problem into the existing stream and that pine trees would not be adequate screening because the land behind the proposed project is terraced. Supervisor Johnson asked the County Engineer Gene Robertson about erosion. He replied that this development would increase the runoff into the creek. I An unidentified man from the audience showed the Supervisors pictures of the stream. Supervisor Burton said the project now meets Highway criteria for runoff into a natural stream. She also advised that in an area zoned for R-l use, about 29 or 30 dwellings could be built on a tract this size; l1r. Lionberger said the petitioners' property would accommodate 19 single- --- family homes. Supervisor Burton then pointed out that under the existing ~t ", 6--22-82 528 zoning classification, all the problems mentioned by those in opposition to this request would also be created. Supervisor Minter asked what would happen if the townhouses don't sell, could they be bought up and rented I out? Mr. Lionberger said yes, it would not be illegal and there would be no way to prevent it. Supervisor Burton said she could not understand why townhouses are considered synonymous with tenements or second-class housing. She said she wanted to see 419 stay residential and that good land use practice would be to use multi-family housing of some type as a buffer between commercial use and single-family housing. She also said she had talked to the Resident Engineer of the State Highway Department who said there is less than one-half the accident rate on Stoneybrook Drive as on other secondary roads. Mr. Paul Jones of 5106 Stoneybrook Drive told Supervisor Burton the proposed development would create a bad traffic problem and drainage problem and that his property would be devalued. Several persons in the I audience said increased drainage going into the creek is ruining their back yards. Supervisor Burton asked County Real Estate Assessor Andrew E. Clingenpeel what the effect has been of townhouses on single-family homes; he replied he has not been able to measure any adverse effect, that sale prices have not shown any adverse effect. Chairman Park had to ask the audience to hold down the noise and clapping. Mr. William Brenton, Sugar Loaf Farms, asked Supervisor Burton about her campaign pledge of a comprehensive, updated land use plan. She replied the plan has not been done. Mr. Brenton suggested this project would be spot zoning. Mr. Jim Phillips, who said he had been in real estate since 1973, said high-density housing does lower surrounding residential property values. Mr. Roger Lorden (4390 Sheldon Drive), representing the Cresthill Civic League, asked all opposed to the project to stand; about I 70 or 80 persons in the audience stood. Supervisor Burton stated this would be the most difficult decision she would have to make this year, but that she must think of her responsibility to the citizens of Roanoke County, not just this area. She said she was sorry that this type of development was perceived as detrimental, but that changing times must be recognized and accepted. As she started to make a motion, she was interrupted by howard - ~ "...- 529 f 6-22--02 , ." .. Worthy from the Farmingdale area who asked the five Board members if they didn't think the majority of the people ,lere giving an indication of how they want this rezoning to go. Supervisor Burton said she lives in the area immediately adjacent to where this project would go; she has talked to her neighbors and they say they do not feel this is a problem and I prefer this kind of development to leaving land vacant so that it might be used for commercial development in the future. It was also felt that the most desirable buffer would be townhouses, not condominiums or apart- ments. Supervisor ~1inter thanked both sides for their good presentations and told Supervisor Burton he admired her courage, but he did not agree with her viewpoint. Supervisor Burton then moved approval of the requested rezoning, with the proffered conditions that the townhouses will be for sale only, not for rent, and that an access road to Route 419 will be I. I Ii Ii constructed according to plans Mr. Lionberger had presented to the Board. FINAL ORDER I NOlJ, T}lliREFORE BE IT ORDERED that the aforementioned tract of I, land, more particularly described below, be rezoned from Residential District R-l to Residential District R-3. BEGINNING at a point on the westerly side of Virginia Highway Route No. 419, said point being the northeasterly corner of the property of lJ. L. and Nellie L. Griffith; thence S. 580 32' W. 362.00 feet to a point; thence N. 480 37' 40" l-J. 125.09 feet to a point; thence N. 50 57' E. 54 feet to a point; thence N. 720 38' W. 129.69 feet to a point; thence N. 450 21' 30" E. 183.13 feet to an iron pin; thence N. 440 38' 30" l-J. 110.00 feet to an iron pin; thence N. 450 21' 30" z. 429.52 feet to a concrete highway monument; thence S. 190 23' 20" E. 113.74 feet to a concrete highway monuwent; thence S. 170 48' E. 407.08 feet to the place of BEGINNING and being 4.299 acres as shown on survey made for Sam Lionberger, Jr. and Don Peery, dated January 17, 1974, by David Dick and Associates, Engineers and Surveyors, a copy of which is attached hereto and made a part hereof; and BEING a part of the same property conveyed to the party of the first part by deed dated February 27, 1937, of record in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia in Deed Book 245, Page 41. I There is reserved herein unto the party of the first part the 50 foot roadway easement for purposes of ingress and egress from Bridle Lane as shown on the aforesaid survey. PA~CEL B - BEGINNING at an iron pin on the southwesterly side of ~ . ... , ~ 6-22-82 530 .. I Bridle Lane 150.0 feet to point of intersection of Stoneybrook Drive, said point being on the northwesterly side of a 50 foot road easement; thence along the westerly side of a 50 foot road easement S. 440 38' 30" E. 110.00 feet to an iron pin; thence S. 450 21' 30" H. passing an iron pin on line 37.6 feet from corner a total distance of 183.13 feet to a point; thence N. 720 38' H. 31.31 feet to a point; thence N. 240 00' H. 88.00 feet to a point, thence N. 450 21' 30" E. 166.80 feet to the place of BEGINNING and containing 0.466 acre as shown on survey made for Sam Lionberger, Jr. and Don Perry by David Dick and Associates, Engineers and Surveyors, dated January 17, 1974, of record in the Clerk's Office of the Circuit Court of the County of Roanoke, Virginia, in Deed Book 995, Page 554; and BEING a part of the same property conveyed to Don P. Perry and Samuel L. Lionberger, Jr. by deed dated February 7, 1978, and intended to be recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, just prior to this Deed of Trust. 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. PROFFER OF CONDITIONS I 1. The townhouse units will be for sale only. 2. Approval to construct an entrance to Route 419 from the subject property to be obtained by owners. Adopted on the following recorded vote: AYES: Supervisors Burton, Myers, Johnson and Park NAYS: Supervisor Minter At the end of this public hearing, Chairman Park called a brief recess of no longer than ten minutes. IN RE: PUBLIC HEARING TO RE-ADOPT ORDINANCE NO. 3128 CONCERNING HATER IMPOUNDMENT Supervisor Minter moved to re-adopt Ordinance No. 3128 which had I previously been adopted as an emergency measure on May 3, 1982. ORDINANCE NO. 3128 ADOPTING A NEH CHAPTER OF THE ROANOKE COUNTY CODE TO BE DESIGNATED CHAPTER 8.3 ENTITLED HATER IMPOUNDMENT SAFETY CODE TO CONTAIN PROVISIONS FOR RIGHT OF ENTRY, INSPECTION OF WATER IMPOUNDHENT FACILITY AND STRUCTURES, PROVIDING FOR REMOVAL AND/OR REPAIR UPON DETERHINATION OF I~1MINENT DANGER, AND PROVIDING FOR RECOVERY OF COST BY THE COUNTY. - I I II~ "...- 531 6-22-82 BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: 1. That there be, and there hereby is, adopted a new Chapter of the Roanoke County Code to be designated Chapter 8.3 entitled Water Impoundment Safety Code to read and provide as follows: I CEAPTER 8.3 WATER IMPOUNDHENT SAFETY CODE Section 8.3:1 Definitions. - As used in this code the following words shall have the meanings respectively ascribed thereto: 1. "Board" means the Board of Supervisors of Roanoke County. 2. "Administrator" means the Roanoke County Administrator or his duly appointed designee. 3. "Impounding structure" means any structure or device, whether a dam across a watercourse or other structure outside a watercourse, used or to be used to retain or store waters or other materials. The term "impounding structure" shall not include: (i) dams licensed by the State Corporation Commission that are subject to a safety inspection program; (ii) dams owned or licensed by the United States government; (iii) dams constructed, maintained or operated primarily for agricultural purposes which are less than fifteen (15) feet in height or which create a maximum i~poundment s~aller than twenty-five (25) acre-feet; (iv) water or silt retaining dams approved pursuant to Section 45.1222 of the Code of Virginia; (v) obstructions in a canal used to raise or lower water; (vi) nonasricultural dams which are less than fifteen (15) feet in height or which create a maximum impoundment smaller than twenty-five (25) acre-feet; or (vii) dams not more than six feet in height regardless of storage capacity or with a storage capacity of not more than ten (10) acre-feet regardless of height. I 4. "Height" means the structural height of an impounding structure which is defined as the vertical distance from the natural bed of the stream or watercourse measured at the downstream toe of the impounding structure to the top of the impounding structure. 5. "Hatercourse" means a natural channel having a well-defined bed and banks and in which water flows when it normally does flow. 6. "Owner" means the owner of the land on which an impounding structure is situated, the holder of an ease~ent permitting the construction of an impounding structure and any person or entity responsible for maintaining an impounding structure, either by agreement or otherwise. Section 8.3:2 Promulgation of Rules and Regulations by the Board. The Board shall promulgate all necessary rules and regulations no less stringent than those promulgated by the State Water Control Board to ensure that impounding structures in the County are properly and safely constructed, maintained, repaired, and operated. I - Section 8.3:3 County Impoundment Safety Technical Advisory Committee. -The Board shall establish a County I~poundment Safety Technical Advisory Committee to advise the Board upon i~lryOund~ents within Roanoke County. The County Impoundment Safety Technical Advisory Committee created and appointed by the Board shall consist of at least five (5) persons qualified by education, experience and professional training in the design, construction, maintenance, repair and safety characteristics of water impoundment structurlls or devices. The County Impoundment Safety Technical Advisory Committee ~I ~ 6-22-82 532 . shall provide both technical review, and make recommendations to the Board pursuant to any of the provisions of this code. I Section 8.3:4 Safety Inspections. -No one shall have a right to maintain an impoundment structure which unreasonable threatens the life or property of another. The Board upon recommendation of the Administrator or any other duly authorized State or Federal agency shall cause safety inspections, not to exceed that of a phase 1 inspection report as establishe by the u.S. Army Corps of Engineers, to be made of impounding structures on such schedule as it deems appropriate, the time of the initial inspection and the frequency of reinspection shall be established depending on such factors as the condition of the structure and its size, type, location and downstream hazard potential. The owners of impounding structures found to have deficiencies which could threaten life or property if uncorrected, shall take the corrective actions, which may include a phase II inspection report as established by the U.S. Army Corps of Engineers, needed to remove such deficiencies within a reasonable time. I Section 8.3:5 Unsafe Impounding Structures Presenting Imminent Danger. -When the Administrator or any other State or Federal agency charged with'such responsibility, finds an unsafe impounding structure constituting an imminent danger to life or property, the Administrator shall immediately notify the Board and confer with the owner. The owner of an impounding structure found to constitute an imminent danger to life or property shall take immediate corrective action, which corrective action shall commence no later than ten (10) calendar days following written notification of such unsafe condition. If the owner does not take appropriate and timely action to correct the danger found, the Chairman of the Board, or the ViceChairman in the Chairman's absence shall have the authority to authorize the Administrator to take immediate appropriate action, without the necessity for a hearing, to remove the imminent danger. The County Attorney shall bring an action against the owner of the impounding structure for the County's expenses in and about removing the imminent danger. There shall be a lien upon the owner's real estate for the County's expenses in and about removing the iIllTIinent danger. The owner may avoid the County's costs,and recover any damages, upon proving that the impounding structure was known to be safe at the time such action was taken, and that the owner had provided or offered to immediately provide such proof to the Administrator before the action complained of was taken. Nothing herein shall in any way limit any authority existing under the Emergency Services and Disaster Law of 1973, Chapter 3.2 of Title 44 of the Code of Virginia. I Section 8.3:6 Unsafe Impounding Structures Presenting Nonimminent Danger. -A. Within a reasonable time after completion of a safety inspection of an impounding structure authorized by Section 8.3:4 of this Code, the Administrator shall issue a report to the owner of the impounding structure containing findings and recommendations for correction of deficiencies, if any, which could threaten life or property if uncorrectec Owners who have been issued a report containing recommendations for correction of deficiencies shall undertake to implement the recommendations contained in the report. If an owner fails or refuses to commence or diligently prosecute the implementation of recommendations for correction of deficiencies according to the schedule of implementation contained in an issued report, the Administrator shall have the authority to issue an administrative order directing the owner to commence implementation and completion of such recommendations according to the schedule contained in the report with modifications as appropriate. Within thirty (30) days after being served by personal service or by certified mail with a copy of an order issued pursuant to this section, any owner shall have the right to petition the Board for a hearing. A timely filed petition, within the thirty (30) day period, shall stay the effect of the administrati, ~ order. The hearing shall be conducted before the Board or a majority of the members thereof. The Board shall have the authority to affirm, modify, amend, or cancel such administrative order. Any owner aggrieved by a decision of the Board after a hearing herein provided shall have - ~ 533' 6-22-82 the right to appeal such final Board decision to the Circuit Court having jurisdiction in Roanoke County within thirty (30) days following such decision. B. The provisions of paragraph A of this section notwithstanding, if in the opinion of the Administrator, changed circumstances justify reclassifying the deficiencies of an impounding structure after issuance of the report as an imminent danger to life or property, the Administra- tor may proceed directly under Section 8.3:5 of this Code for enforce- ment of his order, and the owner shall have the opportunity to contest the factual basis upon which the administrative order was issued. I Section 8.3:7 Right of Entry - The Board and its agents and employees shall have the right to enter any property upon consent of the owner or custodian to perform such inspections and tests or to take such other actions as it deems necessary to fulfill its responsibilities under this chapter. If entry is denied, the Board may apply to any magistrate whose territorial jurisdiction encompasses the property to be inspected or entered for a warrant authorizing such investigation tests, or other actions. Such warrant shall issue if the magistrate finds probably cause to believe that there is an impounding structure on such property which is not known to be safe. Section 8.3:8 Impounding Structure Safety Coordination. - The Administrator shall coordinate all impoundment safety activities in the County, which shall include, but not be limited to: (1) the maintenance of an inventory of all impoundment structures, and of all other similar structures whether or not regulated under this chapter to the extent the Board deems necessary; (ii) the maintenance of a repository for record drawings of all such structures to the extent the Board deems necessary; (iii) the maintenance of an inventory of safety inspection reports by whomever made for each such structure to the extent the Board deems necessary; and (iv) the maintenance of a secondary repository for all impoundment structure safety emergency action plans which are primarily filed with the Office of the Coordinator of Fire and Emergency Services. The Board shall cause to be provided technical assistance in the preparation, updating, and execution of such plans. It shall cause to be established uniform maintenance of records requirements and uniform inspection standards to be applied to all impounding structures in the County, and to be recommended for all other similar structures. It may cause to be inspected state owned or state licensed impounding structures on a cost reimbursable basis at the request of the state agency owning the state owned impounding structure or of the licensor of the state licensed impounding structure. I Section 8.3:9 Enforcement. - Any person or legal entity failing or refusing to comply with an order issued pursuant to this chapter may be compelled in a proceeding instituted in any appropriate court by the Board to obey the same, and the court shall require the owner to comply therewith. Adopted by the following roll call vote: AYES: Supervisors Burton, Myers, Minter, Johnson and Park NAYS: None IN RE: ORDINANCE NO. 3161 ESTABLISHING OR RE-ESTABLISHING THE BOUNDARY LINES OF CERTAIN PRECINCTS IN ROANOKE COUNTY AND PROVIDING FOR THE DESIGNATION OF VOTING OR POLLING PLACES FOR THE PRECINCTS SO ESTABLISHED OR RE-ESTABLISHED; AND PROVIDING AN EFFECTIVE DATE FOR SUCH CHANGES. I ., 6-22-82 534 BE IT ORDAINED by the Board of Supervisors of Roanoke County, ~V~rginia, as follows: 1. That there having been established by the General Assembly of I Virginia certain Senatorial Districts to-wit; the 21st and 22nd Senatorial Districts and certain House of Delegates Districts to-wit; the 14th and 15th House of Delegates Districts within Roanoke County, which said several districts crossover existing precinct lines in Roanoke County; and that certain existing precincts in Roanoke County having been determined to contain a greater number of registered voters than can be readily accommodated at a polling place, by reason of all such considerations it is necessary that certain voting precincts in Roanoke County be established or re-established and that a voting place be established for each such precinct, all of which is more specifically set forth in the following words and phrases, to-wit: (a) GLENVAR PRECINCT I BEGINNING at a point on the Roanoke-Montgomery County line where U.S. 81 intersects that line; thence with the said U.S. Interstate 81 in a northeasterly direction to its intersection with State Secondary Route 640; thence to the south right-of-way line of the said Interstate 81 to the western most corner of the City of Salem corporate line; thence in a generally northeasterly direction with the said City of Salem corporate line to a point 700 feet northeasterly of Route 619; thence leaving the said corporate line of the City of Salem and in a northwesterly direction approximately 1,100 feet to where Dry Branch forks into an easterly and westerly fork; thence with the easterly fork of the said Dry Branch as it meanders in generally a northwesterly direction to where this branch or hollow intersects a fire trail at the topographic crest of Fort Lewis Mountain, the said branch or hollow crosses the boundary of the Haven State Game Refuge and is approximately 8,600 feet southwesterly of its eastern most corner; thence with the topographic crest of Fort Lewis Mountain and generally a southwesterly direction to its intersection with the Roanoke-Montgomexy County line; thence with the said Roanoke- Montgomery County corporate line in a southeasterly direction to the place of BEGINNING. Catawba Magisterial District Voting Place - Glenvar Elementary School I (b) PETERS CREEK PRECINCT BEGINNING at a point on Route 628 (Woodhaven Road) where the said Route 628 crosses the western right-of-way line of U.S. Route 581; thence north with the west right-of-way line of Interstate 581 crossing Interstate Route 81 and the intersection of Route 81 service road (Loch Haven Drive) to the intersection of the road to Loch Haven Country Club; thence north with the road to Loch Haven Country Club to State Secondary Route 1404; thence in a westerly direction with State Secondary Route 1404 to the City of Roanoke Water Department west property line; thence north with a City of Roanoke Water Department west property line to the topographic crest of Brushy Mountain; thence with the topgraphic crest ~ r I fi35' 6-22-82 : --- of Brushy Mountain in a southwesterly direction crossing Masons Creek to the intersection of Virginia Route 311 and State Secondary Route 683; thence north with Virginia Route 311 to the topographic crest of Fort Lewis Mountain; thence leaving Virginia Route 311 and with the topographic crest of Fort Lewis Mountain in a northwesterly direction approximately 13,000 feet intersecting a hollow which is the east fork of Dry Branch and an existing fire trail; thence with the hollow which is the east fork of Dry Branch in a southeasterly direction as it meanders to a point where Dry Branch divides into an east and west fork at approximately 1,100 feet northeasterly of the south right-of-way of U.S. Interstate 81; thence leaving the creek in a southerly direction to a point on the south right-of-way line of U.S. Interstate 81 the said point being further identified as being approximately 700 feet northeasterly fromthe intersection of the said U.S. Interstate Route 81 with State Secondary Route 619, said point further being on the north corporate line of the City of Salem; thence with the north corporate line of the City of Salem and in a generally northeasterly direction as it meanders and then continuing with the north corporate line of the City of Roanoke as it meanders to a point where Peters Creek Road and State Secondary Route 1524 (North Lakes Drive) intersect; thence with North Lakes Drive in a northwesterly direction to its intersection with Northside Drive; thence with Northside Drive in a southwesterly direction to its intersection with Wippledale Avenue; thence with Wippledale Avenue in a northwesterly direction as it meanders to its intersection with North Lakes Drive; thence with North Lakes Drive in a westerly direction to its intersection with State Secondary Route 629 (Greenridge Road); thence northwesterly with Greenridge Road to its intersection with State Secondary Route 628 (Woodhaven Road); thence in a northeasterly direction with Woodhaven Road to the point of BEGINNING. I Catawba Magisterial District I Voting Place- Glen Cove School (c) GREEN HILL PRECINCT BEGINNING at a point on U.S. Interstate 81 at its intersection with Secondary Route 640 and opposite and north of the Salem corporate limits; thence south to the west corporate line of the City of Salem; thence with the west corporate line of the City of Salem in a southerly direction and with the south corporate line of the City of Salem in an easterly and southerly direction to a point on the corporate line of the City of Salem at a point where the said line turns from southeast to northeast at the corner of the Hidden Valley Country Club; thence with a line to a point where a gas transmission line crosses Barnhart Creek; thence with the said gas transmission line in a southwesterly direction to the crest of 12 O'clock Knob and with the crest of Poor Mountain, the dividing line between Catawba and the Windsor Hills Magisterial District, in a westerly and southwesterly direction to Montgomery-Roanoke County line; thence with the Montgomery-Roanoke County line in a northerly direction to U.S. Interstate 81; thence in a northeasterly direction with U.S. Interstate 81 to the point of BEGINNING. ! ; . : Catawba Magisterial District Voting Place - Fort Lewis Fire Station I ~) HOLLINS PRECINCT . . BEGINNING at the southerly right-of-way of Interstate 81 and the Botetourt-Roanoke County line; thence with the southerly right-of-way of Interstate 81 in a westerly direction to Deer Branch Creek; thence south with Deer Branch Creek as it meanders to Virginia Route 117 (Peters Creek Road); thence easterly with Peters Creek Road to its intersection with Route 11 (Williamson Road); thence in a south easterly direction with Route 11 (Williamson Road) to its intersection with State Secondary Route 1821 (Clubhouse Drive); thence in a southeasterly direction with . I, ~ 6-22-82 536 I Clubhouse Drive extended until it intersects the east fork of Carvins Creek; thence northeasterly with Carvins Creek as it meanders until it intersects Virginia Primary Route 115 (Plantation Road); thence in a northwesterly direction with Primary Route 115 (Plantation Road) until it intersects Route 11 (Williamson Road); thence in an easterly direction with Route 11 (Williamson Road) until it intersects the Roanoke-Botetourt County line; thence with the Roanoke-Botetourt County line in a northwesterl direction to the point of BEGINNING. Hollins Magisterial District Voting Place - Hollins Library (e) PLANTATION PRECINCT I BEGINNINGat a point where Route 11 (Williamson Road) intersects Route 1821 (Clubhouse Drive); thence southeasterly with Route 11 (Williamson Road) until it intersects Secondary Route 623 (Florist Rd); thence in a southeasterly direction with Secondary Route 623 (Florist Road) until it intersects the north corporate line of the City of Roanoke; thence in an easterly direction with the north corporate line of the City of Roanoke until it intersects Virginia Primary Route 115 (Plantation Road); thence in a northwesterly direction with Virginia Primary Route 115 (Plantation Road) to a point where the said road intersects the east fork of Carvins Creek; thence with the east fork of Carvins Creek in a southewesterly direction as it meanders to a point opposit the center line extended of Secondary Route 1821 (Clubhouse Drive); thence northwesterly with the center line of Secondary Route 1821 (Clubhouse Drive) to Secondary Route 1821; thence in a westerly direction with Secondary Route 1821 (Clubhouse Drive) to its intersection with U.S. Route 11 (Williamson Road) the place of BEGINNING. Hollins Magisterial District Voting Place - Roanoke Valley Christian School (f) MONTEREY PRECINCT BEGINNING at a point on the north corporate line of the City of Roanoke where the Shenandoah Division of the Norfolk and Southern Railroad tracks exit the City of Roanoke; thence in a northeasterly direction with the tracks of the Norfolk and Southern to a point where the said tracks cross the Roanoke-Botetourt County line; thence in a northwesterly direction with the Roanoke-Botetourt County line to a point where it crosses U.S. Primary Route 11; thence in a westerly direction with U.S. Primary Route 11 to its intersection with Virginia Primary Route 115 (Plantation Road); thence southwesterly with State Primary Route U5 (Plantation Road) to a point where it intersects the north corporate line of the City of Roanoke; thence northeasterly with the corporate line of the City of Roanoke to the point of BEGINNING. Hollins Magisterial District I Voting Place - Mountain View School (g) READ MOUNTAIN PRECINCT BEGINNING at a point on the north corporate line of the City of Roanoke where the Norfolk and Southern Shenandoah Division tracks exit the City and thence northeasterly with the Norfolk and Southern tracks to a point where the said tracks cross the Roanoke-Botetourt County line; thence southeasterly with the said Roanoke-Botetourt County line to the crest of Read Mountain; thence south westerly with the crest of Read Mountain and the crest of Read Mountain extended until it intersects the City of Roanoke corporate line at Secondary Route 611 (Read Mountain ~ P"'" 537 6-22-82 Road); thence westerly with the corporate line of the City of Roanoke as it meanders to the point of BEGINNING. Hollins Magisterial District Voting Place - Patterson Memorial Brethren Church (h) WINDSOR HILLS PRECINCT I BEGINNING at a point in the City of Roanoke Corporate line where Virginia Primary Route 419 intersects Glen Heather Drive; thence easterly with the corporate line of the City of Roanoke to a point where the said corporate line intersects Mud Lick Creek; thence southwesterly with Mud Lick Creek and the west fork of Mud Lick Creek to a point where it intersects Secondary Route 1658 (Cresthill Drive); thence westerly with State Secondary 1658 (Cresthill Drive) to its intersection with State Secondary Route 1647 (Old McVitty Road); thence southwesterly to a point where Mud Lick Creek intersects Virginia Primary Route 419; thence northwesterly with Virginia Primary Route 419 to the place of BEGINNING. Windsor Hills Magisterial District Voting Place - Our Lady of Nazareth Catholic Church (i) GARST MILL PRECINCT BEGINNING at a point on Virginia Primary Route 419 where the west fork of Mud Lick Creek crosses; thence in a northeasterly direction to the intersection of State Secondary Route 1659 and State Secondary Route 1658 (Cresthill Drive); thence in an easterly direction with Secondary Route 1658 (Cresthill Drive) to its intersection with the west fork of Mud Lick Creek; thence with the west fork of Mud Lick Creek and Mud Lick Creek as it meanders in a northeasterly direction to the southerly corporate line of the City of Roanoke; thence with the corporate line of the City of Roanoke in a northeasterly and southeasterly direction to a point where it crosses U.S. 221 (Brambleton Avenue); thence with U.S. 221 (Brambleton Avenue) in a southwesterly direction to its intersection with Virginia Primary Route 419; thence with Virginia Primary Route 419 northwesterly to a point on the property of the Roanoke County Public Library; thence with the Library property the following courses and distances: S.580 48' 30" W. 399.76 feet, N. 230 36' W. 307 feet, N. 160 47' 40" lI. 178.26 feet to a point on the south side of Virginia Primary Route 419; thence with the south side of Virginia Primary Route 419 in a northwesterly direction to the point of BEGINNING. I Windsor Hills Magisterial District Voting Place - Library Headquarters (j) CLEARBROOK PRECINCT BEGINNING at a point in the City of Roanoke corporate line where U.S. 220 south exits the City; thence with the southerly boundary of the City of Roanoke in a northerly direction to a point where it intersects Secondary Route 666 (Bandy Road); thence in a southerly direction until Route 666 (Bandy Road) intersects Route 667; thence in a southeasterly direction with Secondary Route 667 approximately 4,400 feet to the end of the present State Maintenance; thence leaving State Route 667 in a direction S. 450 W. approximately 200 feet to a hollow; thence up the hollow in a southeasterly direction with the low point of the hollow as it meanders until it intersects the Franklin County line at the crest of the Blue Ridge Mountains; thence with the Roanoke-Franklin County line in a southwesterly to northwesterly direction as it meanders along the crest of the Blue Ridge Mountains to State Secondary Route 613; thence northerly along State Secondary Route 613 until it intersects the Blue Ridge Parkway; thence in a south easterly and northeasterly direction with the Blue Ridge Parkway until it intersects Primary Highway 220; I -~, I Ii I II ~ 6-22--82 538 . thence northerly with Primary Highway 220 to the place of BEGINNING. Cave Spring Magisterial District Voting Place - Clearbrook Fire Station I (k) HUNTING HILLS PRECINCT BEGINNING at a point where U.S. Route 419 (Avenham Avenue) intersects the corporate line of the City of Roanoke; thence in a southeasterly direction with the corporate line of the City of Roanoke and partially with Route 220 to a point where the said Route 220 intersects the Blue Ridge Parkway; thence with the Blue Ridge Parkway in a southwesterly and then northwesterly direction to its intersection with Route 613; thence in a northerly direction with State Secondary Route 613 to Secondary Route 904 at Starkey; thence in an easterly and northerly direction with State Secondary Route 904 to its intersection with State Primary Route 419; thence in a northeasterly direction with State Primary Route 419 (Avenham Avenue Extension) to the place of BEGINNING. Cave Spring Magisterial District Voting Place - Old Pinkard Court School Roanoke County, Virginia, as a result of the herein above set out, precincts established or re-established as Glenvar Precinct and Peters Creek Precinct; to-wit: BRUSHY MOUNTAIN PRECINCT 4. That all and singular of the remaining precincts hereto for established in Roanoke County and the voting place for each, all of which is more particularly described on a certain map a copy of which is I on file in the office of the Registrar of Roanoke County, shall be and remain duly established precincts and voting places in Roanoke County. 5. That this Ordinance shall be in full force and effect from and after its passage. On motion of Supervisor May W. Johnson and adopted by the following roll call vote: AYES: Supervisors Burton, Myers, Minter, Johnson and Park NAYS: None ,... 539 6-22-82 IN RE: PUBLIC HEARING RELATIVE TO THE LEASE AND SALE OF CERTAIN SUPRLUS REAL ESTATE OWNED BY ROANOKE COUNTY County Real Estate Assessor Andrew E. Clingenpeel advised the County owns 17 parcels considered surplus. He recommended an update of I appraisals be done prior to their being offered for sale. He also suggested the small lots be offered first to the adjacent property owners. Chairman Park asked John R. Hubbard, Director of Utility Administration and EngineeriI , if all of the well lots to be disposed of are unnecessary; Mr. Hubbard replied that they were. Chairman Park then asked County Administrator Donald R. Flanders if he felt any of the land the County owns could be used for the site of a new dog pound; he then asked the County Assessor why the site of the former County landfill at Dixie Caverns is being retained. Supervisor Myers then moved that staff be directed to proceed to bring in a plan of action for disposal of the surplus real estate. His motion was adopted by the following roll call vote: AYES: Supervisors Burton, Myers, Minter, Johnson, and Park NAYS: None I Supervisor Johnson moved for adoption of the following, prepared resolution: RESOLUTION NO. 3162 CONCURRING IN THE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION'S REQUEST TO DELAY THE BID DATE UPON A CERTAIN SECONDARY HIGlmAY PROJECT UPON CERTAIN TERMS AND CONDITIONS. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain request of the Virginia Department of Highways and Transportation to delay the bid date from June, 1982, to February, 1983, relating to that certain secondary highway project known as Route 676, Project 0676-080-163, M50l, B640, be, and it hereby is concurred in I by the Board; and 2. That that certain section of Route 676 described as follows: Being a section of Route 676 one tenth of a mile long beginning 2.15 miles west of Route 220 and ending one mile north of Route 615, shall be closed to public travel during the period of construction of Project 0767-080-163, M50l, B640; and I, ~Ii ~ 6-22-82 540 I 3. That the Board's concurrence in the request of the State Department of Highways and Transportation is granted on the express condition that the project hereinabove mentioned shall maintain its priority status in the Six Year Plan and that funds budgeted for said project shall not be otherwise utilized; and 4. That an attested copy of this resolution be forthwith forwarded to the Virginia Department of Highways and Transportation. Adopted by the following roll call vote: AYES: NAYS: Supervisors Burton, Myers, Minter, Johnson and Park None I On motion by Supervisor Johnson, adopted by a unanimous voice vote, a copy of a letter from VVKR Incorporated transmitting a copy of the recently performed geotechnical exploration report for the new County Courthouse was received and filed (original letter and the report will be on file in the County Administrator's office). On motion by Supervisor Myers, adopted by a unanimous voice vote, the Supervisors voted to approve the application of the Roanoke County Fire Training Committee for a raffle permit and to waive the $25 filing fee. IN RE: REPORT OF COUNTY ADMINISTRATOR I County Administrator Donald R. Flanders presented a report on the 911 telephone system, prepared by Thomas C. Fuqua and Michael F. Kavanaugh, and briefly outlined its content. Mr. Flanders advised the Supervisors that the meeting schedule for June 28, 1982, to discuss possible legislation with other concerned counties had been canceled and would be re-set later this year. Mr. Flanders updated the Supervisors on the progress being made at the future Roanoke County Adflinistrative Center. He then reminded the Supervisors of the neighborhood meeting to be held next Tuesday (June 29) at the Hollins Branch library; this is ~ r 541 -i 6-22-82 . the se.cond of the five magisterial district meetings which the Supervisors " . have requested be held this year. Mr. Flanders also outlined the methods being used to promote and publicize this meeting. The County Administrator then briefly reported on the Westward I Lake dam project. He also mentioned he had been called by Glen S. Tittermary, Senior Legislative Analyst with the State's Joint Legislative Audit and Review Commission, for assistance in setting up a meeting regarding construction funds under the secondary highway system. Deviating from the order of the prepared agenda, Mr. Flanders presented a resolution providing for two new positions in the County's classified service. Supervisor Minter moved for adoption of the prepared resolution: RESOLUTION 3163 ESTABLISHING TWO (2) NEW POSITIONS IN THE CLASSIFIED SERVICE OF ROANOKE COUNTY AND PROVIDING FOR GRADES AND PAY RATES AND RANGES FOR SUCH POSITIONS. I BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: 1. That, from and after July 1, 1982, there be; and hereby is, established as positions in the Classified Service of the County the psoition of Assistant Director of Finance and the position of Personnel Officer; and 2. That, the position of Assistant Director of Finance herein established shall be placed in the classified pay plan in the following grade and pay range; to-wit, GRADE RANGE 40 21,564 22,584 23,664 24,816 26,040 27,312 I : ; ! 3. That, the position of Personnel Officer herein established, shall be placed in the classified pay plan in the following grade and 1\ I pay range; to-wit, GRADE RANGE 36 17,820 18,696 19,596 20,532 21,565 22,584 ~ 6-22-82 54 2 Adopted by the following roll call vote: AYES: Supervisors Burton, Myers, Minter, Johnson, and Park NAYS: None I The County Administrator then distributed to the Supervisors a report on the Fifth Planning District Commission. At the request of Chairman Park, Parks and Recreation Director C. Darrell Shell presented a report on his Department's use of the facilities at the Bonsack Ruritan Club (report is on file in County Administrator's office). Director of Data Processing Harry A. Franks was present to discuss acquisition of Rapid/3000 programming. Chairman Park said he preferred to wait for a complete report after this has been discussed I with the School Board.. IN RE: REPORT OF COUNTY ATTORNEY At this point in the meeting, the County Attorney was answering a phone call from the County Planning Commission, also meeting this date. IN RE: REPORT OF DIRECTOR OF FINANCE John M. Chambliss, Jr. had nothing to bring before the Board. IN RE: REPORT OF BID COMMITTEE Purchasing Supervisor E. D. Fitzgerald read aloud the Bid I Committee's report on purchase of a cathodic protection system in the Algoma water storage tank. Supervisor Johnson moved adoption of the RESOLUTION NO. 3164 ACCEPTING A BID MADE TO THE COUNTY OF ROANOKE TO FURNISH AND INSTALL A CATHODIC PROTECTION SYSTEM IN THE ALGOMA WATER TANK AT PENN FOREST. I I I I , I ! , +-- I I I I following, prepared resolution: BE IT RESOLVED by the Board of Supervisors of Roanoke County, ~ ~ 6-22-82 543 Virginia, as follows: 1. That that certain bid of Harco Corporation in the amount of $3,900.00 to furnish and install a Cathodic Protection System in the Algoma Water Tank at Penn Forest, being the lowest and best bid received by the County, upon all and singular the terms and conditions of the I invitation to bid, the specifications of the County of Roanoke, the bidder's proposal, and the provisions of this resolution, be, and same hereby is APPROVED; and 2. That the County Administrator is hereby authorized and directed to enter into a contract upon a form approved by the County Attorney I~ with Harco Corporation for this purchase; and 3. That all other bids for this purchase are hereby rejected and I' the County Clerk is directed to so notify such bidders and express the Ii County's appreciation for the submission of their bids. Adopted by the following roll call vote: AYES: Supervisors Burton, Myers, Minter, Johnson, and Park I, I NAYS: None I IN RE: REPORTS OF PARKS AND RECREATION DEPARTMENT Director of Parks and Recreation, C. Darrell Shell was present and reviewed the content of his report on Community Education. Supervisor Myers moved that the Supervisors deny permission to apply to the State , Department of Education for funds. Supervisor Johnson, as a substitute motion, moved for adoption of the prepared resolution, with the understandiu that there is no commitment of funds for next year. RESOLUTION NO. 3165 AUTHORIZING ROANOKE COUNTY TO FILE A CERTAIN GRANT APPLICATION SEEKING FUNDING OF COllliUNITY EDUCATION DEMONSTRATION PROJECT FROM TIlE VIRGINIA DEPARTMENT OF EDUCATION. BE IT RESOLVED by the Board of Supervisors of Roanoke County, 1. That a certain grant application on behalf of Roanoke County I Virginia, as follows: seeking a grant of $17,344.00 for a certain education demonstration project at the Penn Forest Elementary School in connection with the County Department of Parks and Recreation programs to the Virginia Department of Education be, and such grant application hereby is approved --- ~ " 6.-22-82 544. . and authorized to be submitted; and 2. That such application shall be executed on behalf of Roanoke County by the County Administrator upon form approved by the County I Attorney and shall contain among other provisions that the 50% share of such grant to be provided by Roanoke County shall be provided through an in-kind contribution; and 3. That an attested copy of this resolution shall be forwarded along with said grant application to the Virginia Department of Educa- tion. Adopted by the following roll call vote: AYES: Supervisors Burton, Minter, Johnson and Park NAYS: Supervisor Myers Gary A. Huff, Assistant Director of Parks and Recreation presented I the report on the donation from the Vinton Junior Women's Club and introduced Ms. Andy Kesler, a member of the Club. Mrs. Kesler outlined the source of the funds donated, which was a cookbook put together and sold by Club members. Supervisor Johnson moved acceptance of the gift and Supervisor Myers moved adoption of the following prepared resolution: Resolution Number 3166 On motion made by Supervisor Robert E. Myers, the General Appropriation Resolution of Roanoke County, Virginia, adopted June 22, 1982, be, and is the same hereby amended as follows to become effective June 22, 1982: INCREASE (DECREASE) DESCRIPTION ACCOUNT NUMBER I Class: Fund: Dept: Object: Expenditures General Parks & Recreation Recreation Equipment Supplies & 03-6-07100-54120 $ 735 Class: Fund: Source: Revenues General Contributions and Recreation - Parks 03-5-16130-00000 735 Adopted by the following recorded vote: AYES: Supervisors Burton, Myers, Minter, Johnson and Park - NAYS: None ~ ,... 545 t 6-22-82 IN RE: REPORTS OF UTILITY ENGINEERING AND ADMINISTRATION John R. Hubbard, Director of Utility Engineering and Administratior outlined the report on the Meadowlark Road relief sewer project and explainec why the bid was being awarded to other than the low bidder. Supervisor Johnson moved adoption of the following prepared resolution: I RESOLUTION NO. 3167 ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE FOR CONSTRUCTION OF THE MEADOWLARK ROAD RELIEF SEUER PROJECT, 8l-5-S. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain bid of J. P. Turner & Brothers, Inc. in the amount of $36,902.00 for construction of the ~feadowlark Road Relief Sewer Project, 8l-5-S, being the lowest and best bid received by the County, upon all and singular the terms and conditions of the invitation to bid, the specifications of the County of Roanoke the bidder's proposal and the provisions of this resolution, be, and the same hereby is APPROVED; and 2. That the County Administrator is hereby authorized and directed I to enter into a contract upon a form approved by the County Attorney i ! with J. P. Turner & Brothers, Inc. for this construction; and 3. That all other bids for this work are hereby rejected and the County Clerk is directed to notify such bidders and express the County's appreciation for the submission of their bids. Adopted by the following roll call vote: AYES: Supervisors Burton, Myers, Minter, Johnson and Park NAYS: None At this point in the meeting, the County Attorney returned to the He replied he had nothing to discuss until the Supervisors commenced I meeting room and was asked if he had any business to bring before the Board. consideration of the resolution relating to the School Board Selection ! , Commission later in the meeting. IN RE: REPORTS FROM SCHOOL BOARD ! : Superintendent of Schools Bayes E. Wilson reviewed the School ~L .., 6-22-82 546 Board's requested authorization to submit to the State Literary Fund applications for loans totaling $3,966,000. He also explained the procedure of applying for and spending the money if the loan is received. I Supervisor Myers asked if the projects listed in the School Board's report would be the only things the money could be spent for, and Mr. Wilson said yes. Supervisor Myers then asked if the listed projects are the most important or vital that Mr. Wilson foresaw, and Mr. Wilson said yes. Supervisor Burton then moved adoption of the following, prepared resolution: RESOLUTION NO. 3168 APPROVING THE SUBMISSION OF CERTAIN APPLICATIONS TO THE COMMONWEALTH OF VIRGINIA FOR LITERARY FUND LOANS IN THE MAXIMUM AMOUNT OF $3,966,000.00 AS HEREIN SET FORTH. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Literary Fund Loans' applications submitted by the Roanoke County School System for certain funds which are available in I the maximum amount of $2,000,000.00 per project with a five-year expenditure period at a three percent interest rate, be, and the same hereby are APPROVED as follows: Construction of Vinton Junior H~gh School $2,000,000.00 Mount Pleasant School: 4 classrooms, bathrooms, library, storage 250,000.00 Back Creek School: 3 kindergarten classrooms, bathrooms 225,000.00 Mason's Cove School: cafeteria 136,000.00 Cave Spring Elementary School: 4 kindergarten classrooms, bathrooms 200,000.00 Green Valley School: library expansion 100,000.00 William Byrd High School: 4 classrooms 150,000.00 Various schools: alter lighting system 420,000.00 I alter ceilings 485,000.00 $3,966,000.00 TOTAL 2. That the Roanoke County School Board be, and it hereby is authorized to execute the necessary documents on behalf of the Roanoke County School Board for this loan application. Adopted by the following roll call vote: AYES: Supervisors Burton, Myers, Minter, Johnson and Park 1:- NAYS: None I II ..... r 547 I 6-22-82 Superintendent Wilson also presented the report requesting transfer of certain funds within the School Board's 1981-82 operating budget and explained the necessity for the transfers. Supervisor Johnson f moved for adoption of, the following prepared resolution: Resolution Number 3169 .1 On motion made by Supervisor May W. Johnson, the General Appropriation Resolution of Roanoke County, Virginia, adopted June 23, 1981 be, and is the same hereby amended as follows to become effective June 22, 1982: DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Class: Fund: Dept: Expenditures School Instruction Sununer School Adult Education Operations l7-6-l7B10-00000 l7-6-l7HOO-00000 17-6-17100-00000 l7-6-l7F10-00000 $(50,000) (15,700) (20,000) 85,700 I ! I I I I I I' Adopted by the following recorded vote: AYES: Supervisors Burton, Myers, Minter, Johnson, and Park 1 NAYS: None i IN RE: REPORT OF COUNTY GRANTS COMMITTEE Mr. John R. Hubbard was spokesman for the Grants Conunittee and I presented their report on the Virginia Conununity Development Block Grant Program, which report listed four top-priority projects in order of importance. Chairman Park suggested that a solid waste disposal facility should be the top priority instead of last; Supervisor Burton concurred. County Engineer Gene Robertson, a member of the Regional Solid Waste Management Board, said he had received an opinion from the landfill Board's attorney, Edward A. Natt, which said the bailer can be bought without the . or another. When asked if this was correct, County Attorney James E. 1 County participation and that the County would have to pay for it one way Buchholtz replied he had not seen Mr. Natt's opinion and requested a copy of the letter and agreement. In reply to Mr. Park's conunents about the order of priorities, John Hubbard said our priorities were set according I to how the source of funds would look at priorities. Supervisor Johnson ___ asked that the water supply facility be moved up and that industrial site development be moved down. --, 6-22-62 54~ IN RE: CONSIDERATION OF RESOLUTIONS AND ORDINANCES Director of Finance John M. Chambliss, Jr., spoke briefly, outlining the provisions of the resolution adopting the County budget I for fiscal year 1982-83 and mentioned changes made from last year's budget. Supervisor Burton moved for adoption of the following, prepared resolution: Resolution Number 3170 BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, that the following appropriations are hereby made from the respective funds for the period ending June 30, 1983, for the functions and purposes indicated: INCREASE (DECREASE) DESCRIPTION ACCOUNT NUMBER I Class: Expenditures Fund: General Operating Dept: Board of Supervisors 03-6-01101 $ 52,922 County Administrator 03-6-01201 95,999 Personnel 03-6-01203 45,816 County Attorney 03-6-01204 66,990 Commissioner of the Revenue 03-6-01209 226,184 County Assessor 03-6-01210 244,575 County Treasurer 03-6-01213 261,043 Central Accounting 03-6-01215 278,470 Purchasing 03-6-01222 62,244 Elections 03-6-01300 81,788 Circuit Court 03-6-02101 64,400 General District Court 03-6-02102 14,100 Magistrates 03-6-02103 600 J&D Relations District Court 03-6-02105 5,600 Clerk of Circuit Court 03-6-02106 258,976 Commonwealth's Attorney 03-6-02201 188,948 Probation 03-6-03303 21,300 Policing & Investigating 03-6-03102 1,996,152 Highway Safety Commission 03-6-03103 700 Communications 03-6-03104 247,391 Youth & Family Services 03-6-03105 223,168 Fire Department 03-6-03201 638,162 Rescue Squad 03-6-03203 107,400 Emergency Services 03-6-03204 17,476 Confinement &Care of Priosners03-6-03301 1,311,103 Animal Control 03-6-03501 94,848 Garage 03-6-01221 98,852 Inspections 03-6-03400 147,972 Street Lighting 03-6-04104 77 , 400 Refuse Disposal 03-6-04200 50,100 County Engineer 03-6-04301 141,681 Buildings and Grounds 03-6-04302 805,772 Public Health 03-6-05101 258,000 Welfare Administration 03-6-05301 1,335,600 Public Assistance 03-6-05302 786,100 Institutional Care 03-6-05304 39,200 Parks and Recreation 03-6-07100 653,502 Library 03-6-07300 704,355 Planning & Zoning 03-6-08100 74,145 Planning Commission 03-6-08101 11,200 Extension & Continuing Education 03-6-08300 65,734 1- I ~ r- ----- 549 . 6-22-32 INCREASE DESCRIPTION ACCOUNT NUMBER (DECREASE) ~ Dept: Employee Benefits 03-6-09102 $ 260,000 Insurance 03-6-09103 134,300 Contributions to Service Organizations 03-6-09104 95,700 I Miscellaneous Operations 03-6-09105 285,400 Debt Service 03-6-09304 1,910,100 Transfer to Air Pollution Control 03-6-09311 25,061 Transfer to Capital Projects 03-6-09316 340,270 Transfer to Schools 03-6-09317 19,352,304 Transfer to Internal Services 03-6-09370 219,609 Unappropriated Balance 03-6-99999 758,170 , Fund: Air Pollution Control Fund 74,441 Revenue Sharing Fund 718,400 Internal Services Fund: Dept: Data Processing 252,212 Radio Maintenance 137,694 Fund: Capital Improvements Fund 2,292,074 Sewer Bond Fund 3,050,000 I Water Bond Fund 220,000 , Utility Fund: I Dept: Utility Billing 89,422 Refuse Disposal 1,187,768 Utility Engineering 268,357 ~ Utility Maintenance and Operations 2,939,862 ! Utility Non-Departmental: Refuse 112,232 Water 1,329,664 I Sewer 861,033 Fund: School Operating Fund: Dept: Administration 515,940 Instruction 28,444,000 I Attendance & Health 520,293 Transportation 2,131,163 I Operation and Maintenance 5,577,943 Fixed Charges 7,8Lf9,750 Summer School 175,778 Adult Education 104,296 Debt Service 1,923,125 Fund: Cafeteria Fund 2,655,500 Federal Programs Fund 779,460 I School Textbook Fund 370,196 School Bond Construction Fund 4,629,000 Total Expenditures $104,446,485 Class: Revenues Fund: General Operating Fund $ 35,236,882 Air Pollution Control Fund 74,441 Revenue Sharing Fund 718,400 Internal Services Fund 389,906 Capiital Improvements Fund 2,292,074 I Sewer Bond Fund 3,050,000 Water Bond Fund 220,000 Utility Fund 6,788,338 School Operating Fund 47,242,288 Cafeteria Fund 2,655,500 Federal Programs Fund 779,460 School Textbook Fund 370,196 School Bond Construction Fund Lf, 629,000 i Total Revenues $104,446,485 i J ! I I I I ~I . . 6-22-82 550 Adopted by the following roll call vote: AYES: Supervisors Burton, Myers, Minter, Johnson and Park NAYS: None I Mr. Chambliss advised the Supervisors that because of last- minute changes made during the budget review session which began at 3:10 p.m. today, the resolution approving the County employees' pay scale for the 1982-83 fiscal year was not ready for consideration. Because the pay scale must be set before June 30, it was suggested that this matter be continued to the Supervisors meeting to be held at the Hollins branch library on June 29th. County Attorney James E. Buchholtz explained the desirability of adopting the proposed resolution relating to the School Board Selection Commission. He advised that because of legislation recently I enacted by the General Assembly, unless the Supervisors request otherwise, only three persons will be appointed to this Commission. Supervisor Minter moved for adoption of the following, prepared resolution: RESOLUTION NO. 3171 REQUESTING THE CIRCUIT COURT OF ROANOKE COUNTY TO ESTABLISH A SCHOOL BOARD SELECTION COMMISSION CONSISTING OF A MEMBER FROM EACH OF THE FIVE MAGISTERIAL DISTRICTS OF ROANOKE COUNTY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to Section 22.1-35 of the Code of Virginia of 1950, as amended, the Circuit Court of Roanoke County, Virginia, is hereby requested to appoint a School Board Selection Commission consisting of a member from each of the five magisterial districts of Roanoke County; and I 2. That the herein embodied request of the Board of Supervisors shall be the continuing position of the Board until such time as amended by official action of the Board; and 3. That an attested copy of this resolution be forthwith transmitted to the Circuit Court of Roanoke County. Adopted by the following roll call vote: AYES: Supervisors Burton, Myers, Minter, Johnson and Park 1- NAYS: None ~ ~ 551 6-22-82 Chairman Park read aloud the resolution of congratulation to the 4-H Club members, and Supervisor Minter moved for adoption of the following, prepared resolution: RESOLUTION NO. 3172 CONGRATULATING 4-H CLUB MEMBERS, ROBERT HARRIS AND MARY KATHERINE HARRIS FOR THE CHAMPION STEERS THEY RAISED AND EXHIBITED AT ThE 1982 ROANOKE AREA JUNIOR LIVESTOCK SHOW. I BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That congratulations be extended to Roanoke County 4-H member, Robert Harris, for raising and exhibiting the Grand Champion Steer at the 1982 Roanoke Area Junior Livestock Show and to his sister, Mary Katherine Harris, for raising and exhibiting the Reserve Champion Steer; and 2. That the Roanoke County 4-H prograrn be acknowledged for providing training and leadership opportunities for growth and development of Roanoke County youth as exhibited by Robert and Mary Harris. /s/ Edward C. Park, Jr., Chairman I /s/ Athena E. Burton, Vice Chairman /s/ May W. Johnson I /s/ Robert E. Myers /s/ Gary J. Minter Adopted by the following roll call vote: AYES: Supervisors Burton, Myers, Minter, Johnson and Park NAYS: None Supervisor Myers moved for adoption of the following, prepared resolution: RESOLUTION NO. 3173 RECOGNIZING THE CLEAN VALLEY COMMITTEE, INC., AND AUTHORIZING SAME TO APPLY FOR ANTI-LITTER PROGRAM GRANTS FOR ROANOKE COUNTY I BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that said Board: 1. Hereby endorses and supports an anti-litter program for the Roanoke Valley; and 2. Hereby expresses the intent to combine with the City of Roanoke, ---- I I I " (j ! 1 i i I I , j ! i I I i I , l I I I , I i , I I I I . I ! I I j I I I ! ! ! i I " 6-22-82 455 2 ~ I Town of Vinton, and City of Salem in a mutually agreed upon and Cooperative program, contingent on approval of the Application by the Department of Conservation and Economic Development, Division of Litter Control, and contingent on receipt of funds; and 3. Hereby authorizes Clean Valley Committee, Inc., to plan and budget for a cooperative anti-litter program, which shall represent said Program for all localities named in this resolution; and 4. Further authorizes Clean Valley Committee, Inc. to apply on behalf of Roanoke County for a grant, and to be responsible for the administration, implementation, and completion of the Program; and 5. Further accepts responsibility jointly with the Clean Valley Committee, Inc., and the City of Roanoke, Town of Vinton, and City of Salem for all phases of the program; and 6. Further accepts liability for its pro rata share of any funds not properly used or accounted for pursuant to the Regulations and the Application; and 7. That said funds, when received, will be transferred immediately to Clean Valley Committee, Inc. All funds will be used in the Cooperative Program to which we give our endorsement and support; and 8. Further provide that the financial records of the Clean Valley Committee, Inc. shall be subject to inspection and review by the County Finance Director and such data shall be presented to allow proper reporting on a timely basis by the County; and 9. Hereby requests the Department of Conservation and Economic Development, Division of Litter Control, to consider and approve the Application and Program, said Program being in accord with Regulations governing use and expenditure of said funds. Adopted by the following roll call vote: AYES: Supervisors Burton, Myers, Minter, Johnson and Park NAYS: None Supervisor Johnson moved for adoption of the following, prepared resolution: ~ ". 5"p t~ f; 6-22-82 ._, RESOLUTION NO. 3174 AUTHORIZING THE TREASURER OF ROANOKE COUNTY TO ORDER CERTAIN DOG TAGS AS A CATALOG PURCHASE INSTEAD OF A SPECIAL ORDER ITEM. BE IT RESOLVED by the Board of Supervisors of Roanoke County~ 1. That the Treasurer of Roanoke County having advised the Board I Virginia~ as follows: of Supervisors that the necessary purchase of dog tags by his office can be accomplished less expensively through a catalog purchase thereof rather than as a special order item at less expense to the County~ and the Board being cognizant of such does hereby authorize the Treasurer of Roanoke County to purchase dog tags for Roanoke County as a catalog purchase rather than as a special order item; and 2. The authority hereby granted to the Treasurer of Roanoke County shall supersede the requirements of the County Code to the contrary. Adopted by the following roll call vote: AYES: Supervisors Burton~ Myers~ Minter~ Johnson and Park I I; NAYS: None At this point in the meeting~ the County Attorney requested an executive session to discuss personnel~ real estate~ and legal matters~ pursuant to Section 2.1-344(a) (l)~ (2)~ and (6) of the Code of Virginia. IN RE: APPOINTMEI\TTS The Supervisors had before them a memorandum from the County Administrator listing the names of persons recommended to serve on the County Impoundment Safety Technical Advisory Committee. Supervisor Minter I moved that the five persons listed be appointed 1 year terms of office. The motion was adopted by a unanimous voice vote. Consideration of the following appointments was continued at the Supervisors' request: (1) Term of County Engineer R. E. Robertson on the Roanoke Valley Regional Solid Waste Management Board~ expires in July~ 1982. I I I .~ 6-22-82 554 (2) Term of Edwin N. LeGard, Jr. on the Air Pollution Advisory and Appeals Board, expires in July, 1982 (3) Replacement for Mrs. Helen Rutrough on the All T' 1 i ution Advisory and Appeals Board (she resigned in May, 1981) Supervisor Myers moved that Ernest M. Proffit and Posey G. Oyler be reappointed as alternate members of the Building Code Board of Adjustments and Appeals. The motion was adopted by a unanimous voice vote. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Vice Chairman Burton commented she would like to see our grounds maintenance upgraded; she was concerned about the appearance of some of the County buildings. Supervisor Myers reminded the Board that Chief Building Official Robert A. Franklin, Sr. had been authorized to extend his vacation into next year, and Mr. Myers directed that a letter be put in Mr. Franklin's personnel file to this effect. The motion was adopted by a unanimous voice vote. County Administrator Flanders asked that this privilege be allowed for other department heads. Supervisor Myers moved approval of this request and his motion was adopted by a unanimous voice vote. Supervisor Minter mentioned a recent article in NACo's County News about local government assisting in neighborhood disputes and another article about food stamps, both of which he thought interesting and worthwhile reading. Supervisor Johnson suggested there was a need in the Zoning Ordinance of Roanoke County for a separate zoning category or classification I for townhouses as opposed to apartments. She directed that the County Administrator look into this. Supervisor Minter suggested a zoning classification to differentiate regular, sit-down restaurants from beer joints and dance hall-type establishments. i ~ i ! I ~ r I 6-22-82 555 Chairman Park directed the Director of Parks and Recreation and th County Attorney to go over the letter from the Chief Building Inspector which prohibited the use of the Bonsack Ruritan Club because of its situation in a flood plain area. Mr. Park also asked for a legal opinion on whether, if the Bonsack senior citizens didn't want their programs moved from the Ruritan Club building to the Bonsack ~1ethodist Church directl across the road, the County could finance the programs but have the Ruritan Club administer them in the Club building. County Commissioner of the Revenue R. Wayne Compton was present at this meeting, and Chairman Park asked him to stay for the upcoming executive session. At 10:20 p.m. Supervisor Minter moved to go into executive session to consider personnel, real estate, and legal matters, pursuant to Section I i 2.l-344(a) (1), (2), and (6) of the Code of Virginia. His motion was adopted by a unanimous voice vote. At 11:09 p.m. the Supervisors returned to open session on motion by Supervisor Myers and a unanimous voice vote. Supervisor Myers then moved that when this meeting is adjourned, it be adjourned to 7:00 p.m. on Tuesday, June 29, 1982, at which time the County Board will consider the following matters: Resolutions pertaining to persol}llel, pay scales, \;' budget, and solid waste; the appointment of members of committees, cocrmissions, and board; discussion of methods of establishing a weekly I County Board meeting schedule; holding a public information meeting; and an executive session to discuss personnel matters. IN RE: ADJOURNMENT The Board adjourned at 11:12 p.m. by unanimous voice vote. ~ ~ c::~ I I I I ,I I