8/23/1983 - Regular
8-23-83
69
Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S. W.
Roanoke, VA 24015
August 23, 1983
The Board of Supervisors of Roanoke County, Virginia, met this day
in open session at the Roanoke County Administration Center, Roanoke, Virginia,
this being the fourth Tuesday and the second regular meeting of the month of
August, 1983.
IN RE:
CALL TO ORDER
Vice Chairman, Harry C. Nickens, called the meeting to order at 3:14
p.m. The roll call was taken:
MEMBERS PRESENT:
Vice Chairman, Harry C. Nickens, Supervisors Athena E.
Burton, Gary J. Minter, and Robert E. Myers
MEM BERS ABSENT:
Chairman, May W. Johnson
IN RE:
EXECUTIVE SESSION
Vice Chairman Nickens entertained a motion to go into Executive
Session pursuant to the Code of Virginia, Section 2.1-344(a) (1), (2), (4), and (6)
to discuss personnel, real estate, prospective sites for business and industry, and
legal matters. Supervisor Burton made the motion, and it carried by a unanimous
voice vote.
IN RE:
RECESS
At 6:15 p.m. Vice Chairman Nickens called for a dinner recess until
7:00 p.m.
IN RE:
CALL TO ORDER
At 7:07 p.m. Vice Chairman Nickens called the regular meeting to
order. The roll call was taken.
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8-23-83
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.
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MEMBERS PRESENT:
Vice Chairman, Harry C. Nickens, Supervisors Athena E.
Burton, Gary J. Minter, Robert E. Myers
MEMBERS ABSENT:
Chairman May W. Johnson
--
IN RE:
OPENING CEREMONIES
Vice Chairman Nickens offered the invocation. The Pledge of
Allegiance was recited by all present.
IN RE:
CONSENT AGENDA
Supervisor Burton moved for the adoption of the Consent Agenda
deleting Item # 5 due to incomplete Agenda packet material.
RESOLUTION NO. 83-151 APPROVING AND
CONCURRING IN CERTAIN ITEMS SET FORTH ON THE
BOARD OF SUPERVffiORS AGENDA FOR THffi DATE
DESIGNATED AS ITEM B - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That that certain section of the agenda of the Board of Supervisors
-.-
for August 23, 1983, designated as Item B - Consent Agenda be, and hereby is,
approved and concurred in as to each item separately set forth in said section
designated as Items 1 through 4 and 6 through 15, inclusive, as follows:
1. Approval of Minutes - 7/27/83.
2. Letter from Elizabeth W. Stokes, Clerk of Circuit Court
regarding her term as President of the National Association
of County Recorders and Clerks.
3. Proposed design schedule for EP A Project - Big Hill from
Department of the Army.
4. Communication of resolutions from the Council of the City of
Covington regarding annexation proceedings.
-50 - - - - - -MeffiO{'fttl6tlfll- - ..fi'9Rl - -Alt'.pee - -Go. - -AReepson-,- - R-oanok-e- - -Goun-t~
-'Freastlf'ep,- -Stlooi-tt:ing- -tfl.e.- ~19~- -Re-al- -E&tate -ge}'i~-lA&t.."
6. Letter dated 8/10/83 from Roanoke Valley Cablevision, Inc.
giving report on progress and status of cablevision.
7. Resolution - Compensation Board Funding.
8. Bid Report: Park Landscaping.
8-23-83
7 1
9. Bid Report: Water Meters.
10. Bid Report: Accident Flares.
11. Letter from Mr. Glenn W. Crowder regarding noise from the
Roanoke City Municipal Airport.
12. Report: Purchase of Data Processing Equipment - Resolution.
13. Report: Appropriation Resolution - Travel Account - Board
of Zoning Appeals.
14. Report: Receiving contribution from Mason Cove Civic
League.
15. Letter from Congressman Jim Olin regarding the federal
payments in lieu of taxes program.
2. That the Clerk to the Board is hereby authorized and directed wh e
Adopted on motion by Supervisor Burton as approved deleting Item # 5, Y
required by law to set forth upon any of said items the separate vote tabulation r
any such item pursuant to this resolution.
the following recorded vote:
AYES:
Supervisors Myers, Minter, Burton, Nickens
NAYS:
None
ABSENT:
Supervisor Johnson
RESOLUTION NO. 83-151.a STATING THE OPINION OF THE
BOARD WITH REGARD TO FUNDING BY THE STATE
COMPENSATION BOARD
WHEREAS, it is the responsibility of the State Compensation Board to fix
and determine what constitutes a fair and reasonable budget for the participation
of the Commonwealth toward the total cost of the offices of the Commissioner
of Revenue, Treasurer, Commonwealth's Attorney, Sheriff, and all officers elected
pursuant to Section 15.1-40.2 of the Code of Virginia, as amended; and
WHEREAS, those constitutional officers, consisting of the Treasurer,
Commissioner of Revenue, Sheriff, and Commonwealth's Attorney have filed their
budget request, pursuant to Section 14.1-50 of the Code of Virginia, as amended;
and
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8-23-83
WHEREAS, these constitutional officers have been notified by the
Compensation Board that they were unable to fund all categories (i.e. personnel
salaries, office expenses and capital outlay) due to budgetary constraints placed
on them by the 1983 General Assembly; and
WHEREAS, this reduction in funding will adversely affect the level of
services being provided by the constitutional officers and will result in localities
having to supplement the budgets of constitutional offices by increasing taxes on
the local level; and
WHEREAS, it is the opinion of the Board of Supervisors of Roanoke County
that the funding level fixed by the Compensation Board is neither fair nor reasonable
nor consistent with the policy set forth in House Bill 599 and places an undue
financial burden on the localities to compensate for this shortfall created by the
lack of proper budgetary planning and prioritization in certain service areas funded
by the State; and
WHEREAS, it is the consensus of the Board that a five percent reduction
in funding of the affected constitutional offices is totally unacceptable and
intolerable.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County will seek to restore proper funding through an appeal of the
decision of the Compensation Board through the Circuit Court as provided by
Section 14.1-52 of the Code of Virginia, as amended.
Adopted by the following roll call vote:
AYES:
Supervisors Myers, Minter, Burton, Nickens
NA YS:
None
ABSENT:
Supervisor Johnson
RESOLUTION NO. 83-151.b ACCEPTING A CERTAIN
BID MADE TO THE COUNTY OF ROANOKE TO FURNISH
AND INSTALL TREES AND SHRUBBERY PLANTINGS IN
CERTAIN ROANOKE COUNTY PARKS
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That that certain bid of Prillaman Nursery in the amount of $8,295.65,
being the best bid submitted to furnish and install trees and shrubbery plantings
in certain Roanoke County parks as part of a beautification and landscaping
8-23-83
73
project, upon all and singular the terms and conditions of the invitation to bid,
the specifications of the County of Roanoke, the bidder's proposals, and the
provisions of this resolution, be, and the same hereby is ACCEPTED; and
2. That the County Administrator is hereby authorized and directed to
enter into a contract upon a form approved by the County Attorney for this
project; and
3. That the County Administrator is hereby authorized to expand the
scope of the work to be performed to include additional plantings not to exceed
a grand total of $16,640.00; and
4. That all other bids for this project are hereby rejected and the
County Clerk is directed to so notify such bidders and express the County's
appreciation for the submission of their bids.
Adopted by the following roll call vote:
AYES:
Supervisors Myers, Minter, Burton, Nickens
NAYS:
None
ABSENT:
Supervisor Johnson
RESOLUTION NO. 83-151.c ACCEPTING A CERTAIN
BID MADE TO THE COUNTY OF ROANOKE FOR THE
PURCHASE OF VARIOUS SIZE WATER METERS
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That bids set out in the following words and figures, being the best
bids submitted for the purchase of various size water meters, upon all and singular
the terms and conditions of the invitation to bid, the specifications of the County
of Roanoke, the bidder's proposals, and the provisions of this resolution, be, and
the same hereby are ACCEPTED, as follows:
From Bad~er Meter, Milwaukee, WI
2 - Compound - 8-inch meters @ $3,565.86
$ 1,996.00
1,145.00
7,131.72
10 - Str. disc - 2-inch meters @ $199.60 ea.
5 - Turbo - 2-inch meters @ $229.00
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From Hersey, Products, Dedham, MA
2
Compound - 2-inch meters @ $648.00 1,296.00
From Neptune Meter, Hingham, MA
10
Str. disc - I-inch meters @ $59.00
590.00
5
Turbo - 3-inch meters @ $329.00
1,645.00
2
Compound - 6-inch meters @ $2,450.00 4,900.00
From Rockwell IntI!., Pittsburg, P A
600
5/8" x 3/4" meters @ $17.60
10,560.00
7,040.00
400
5/8" x 5/8" meters @ $17.60
5
Str. disc - 3/4" meters @ $38.65 193.25
10
Turbo - 4-inch meters @ $590.00 5,900.00
Compound - 3-inch meters @ $950.00 1,900.00
Compound - 4-inch meters @ $1,300.00 2,600.00
2
2
TOTAL $ 46,896.97
2. That the County Administrator is hereby authorized and directed to ente
into a contract upon a form approved by the County Attorney for these purchases; an
3. That all other bids for these purchases are hereby rejected and the Count
Clerk is directed to so notify such bidders and express the County's appreciation fo
the submission of their bids.
Adopted by the following roll call vote:
AYES:
Supervisors Myers, Minter, Burton, Nickens
NAYS:
None
ABSENT:
Supervisor Johnson
RESOLUTION NO. 83-151.d ACCEPTING A CERTAIN BID
MADE TO THE COUNTY OF ROANOKE FOR THE PURCHASE
OF ACCIDENT FLARES TO BE UTILIZED BY THE SHERIFF'S
DEPARTMENT AND FIRE AND EMERGENCY SERVICES
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That that certain bid of Olin Corporation in the amount of $100.98
per gross for a total bid of $3,130.38, being the best bid submitted for the purchase
8-23-83
75
of accident flares to be utilized by the Sheriff's Department and Fire and Emergency
Services, upon all and singular the terms and conditions of the invitation to bid,
the specifications of the County of Roanoke, the bidder's proposals, and the
provisions of this resolution, be, and the same hereby is ACCEPTED; and
2. That the County Administrator is hereby authorized and directed to
enter into a contract upon a form approved by the County Attorney for this
purchase; and
3. That all other bids for this purchase are hereby rejected and the
County Clerk is directed to so notify such bidders and express the County's
appreciation for the submission of their bids.
Adopted by the following roll call vote:
A YES:
Supervisors Myers, Minter, Burton, Nickens
NAYS:
None
ABSENT:
Supervisor Johnson
RESOLUTION NO. 83-151.e AUTHORIZING THE
PURCHASE OF AN UPGRADE PACKAGE FOR THE
HEWLETT-PACKARD COMPUTER SYSTEM
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the purchase of an upgrade package for the Hewlett-Packard
computer System from a Series 44 to a Series 48 for a net cost of $11,600, be,
and hereby is, APPROVED; and
2. That the County Administrator is hereby authorized and directed to
execute the necessary documents upon a form approved by the County Attorney
to accom plish this purchase.
Adopted by the following roll call vote:
AYES:
Supervisors Myers, Minter, Burton, Nickens
NAYS:
None
ABSENT:
Supervisor Johnson
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8-23-83
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RESOLUTION NUMBER 83-151.f
On motion made by Supervisor Burton, the General Appropriation Resolution
of Roanoke County, Virginia, adopted June 14, 1983 be, and is the same hereby
amended as follows to become effective August 23, 1983:
DESCRIPTION
Class:
Fund:
Dept:
Object:
Dept:
A YES:
NAYS:
ABSENT:
ACCOUNT NUMBER
INCREASE
(DECREASE)
Expenditures
General Operating
Planning & Zoning
Travel 03-6-08100-55000
Unappropriated Balance 03-6-99999-99999
$1,250
(1,250)
Adopted by the following roll call vote:
Supervisors Myers, Minter, Burton, Nickens
None
Supervisor Johnson
RESOLUTION NUMBER 83-151.g
On motion made by Supervisor Burton, the General Appropriation Resolution
of Roanoke County, Virginia, adopted June 14, 1983 be, and is the same hereby
amended as follows to become effective August 23, 1983:
DESCRIPTION
Class:
Fund:
Dept:
Object:
Class:
Fund:
Object:
AYES:
NAYS:
ABSENT:
IN RE:
ACCOUNT NUMBER
INCREASE
(DECREASE)
Expenditures
General Operating
Parks & Recreation
Machinery & Equipment-
New 03-6-07100-70010
$ 250
Revenues
General Operating
Recreation Fees 03-5-16130-00000
250
Adopted by the following roll call vote:
Supervisors Myers, Minter, Burton, Nickens
None
Supervisor Johnson
PUBLIC HEARINGS
Vice Chairman Nickens invited all citizens present who had an interest
in the Rezoning Petition of 419 Developers into the County Board Conference
Room to meet with the attorney for the petitioner to receive a copy of the
Amended Proffered Conditions which were submitted just prior to the Board
Meeting.
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77
PETITION OF JOSEPH P. DORAN REQUESTING
REZONING FROM BUSINESS B-2 TO INDUSTRIAL M-1
OF A TRACT CONTAINING 0.34 ACRE AND LOCATED
ONE BLOCK OFF MERRIMAN ROAD IN THE CAVE
SPRING MAGISTERIAL DISTRICT. REQUESTED SO
THAT AN AUTOMOBILE REPAIR BUSINESS MAY BE
OPERATED IN AN EXISTING BUILDING.
APPROVED
The petitioner was present and there was no opposition. Supervisor
Minter moved the petition be granted.
FIN AL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned tract
of land, more particularly described below, be rezoned from B-2 to M-1
Beginning at a point on Route 897, said point being the
northeasterly corner of property of J. P. Doran of record
in the Clerk's Office of the Circuit Court of Roanoke
County in Deed Book 333 at page 151; thence S. 19
deg. 39'00"W. 200 feet to a point; thence N. 70 deg.
21 '00" W 100 feet, to a point; thence N. 4 deg. 17'00"
E. 66.00 feet to a point on Route 897; thence with
Route 897 N. 60 deg. 24'00" F .180.00 feet to the place
of Beginning and being .034 acres as more particularly
shown on plat made by Buford T. Lumsden & Associates,
Certified Land Surveyors, dated November 18, 1975.
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.
Adopted by the following roll call vote:
AYES:
Supervisors Myers, Minter, Burton, Nickens
NAYS:
None
ABSENT:
Supervisor Johnson
PETITION OF AREA CORPORATION FOR THE
V ACATION OF CERTAIN PUBLIC UTILITY EASEMENTS
THROUGH, OVER, AND ACROSS THE PROPERTY AT
THE NORTHWESTERLY CORNER OF STARKEY ROAD
AND OGDEN ROAD (TANGLEWOOD SQUARE) IN THE
CAVE SPRING MAGISTERIAL DISTRICT.
APPROVED
The petitioner was present, and there being no opposition Supervisor
Burton moved that the petition be granted.
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.
.
FINAL ORDER
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the
following ordinance be and the same is hereby adopted so as to vacate those
certain public utility and drainage easements therein described.
BE IT ORDAINED that those certain public utility and drainage
easements hereinafter described be and the same are hereby abandoned, vacated,
and discontinued, which said easements are more particularly described as follows,
to-wit:
All of those certain public utility and drainage easements extending
through the property of Area Corporation to the extent said drainage and public
utility easements are shown on a certain plat showing street being dedicated to
Roanoke County for public use dated March 22, 1979, of record in Plat Book 9,
page 144, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia.
AND IT IS FURTHER ORDERED AND RESOLVED that if no appeal
from the adoption of this ordinance is filed within thirty days from the date
hereof with the Circuit Court of Roanoke County, then the Clerk of this Board
shall cause a certified copy of this ordinance to be recorded in the Office of the
Clerk of the Circuit Court of Roanoke County, Virginia, and cause the Clerk of
said Circuit Court to write in plain legible letters across the aforesaid public
utility and drainage easements on the aforesaid map in Plat Book 9, page 144,
the word ''Vacated'' making reference to the volume and page in which this
ordinance is recorded.
IT IS FURTHER ORDERED AND RESOLVED that the Clerk of this
Board shall forthwith certify a copy of this Resolution and Order to the Secretary
of the Roanoke County Planning Commission and a copy to Plunkett & Logan,
Attorneys for the Petitioner.
Adopted by the following roll call vote:
AYES:
NAYS:
ABSENT:
Supervisors Myers, Minter, Burton, Nickens
None
Supervisor Johnson
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79
IN RE:
CITIZENS COMMENTS AND COMMUNICATIONS
County Administrator, Donald R. Flanders, reported that a reply has
been received from Mr. Langheim regarding the petitions from two routes south
of the Blue Ridge Parkway requesting Roanoke Valley Cablevision service. This
will be part of the September 13 Agenda.
The letter dated July 27, 1983 from Mr. & Mrs. F. Alan Walter
concerning the condition of VerndaleRoad was received and filed on Supervisor
Burton's motion and a unanimous voice vote.
Supervisor Minter moved to receive and file the letter from the City
of Roanoke regarding the rate increase applications by Roanoke Valley Cablevision,
and the motion carried by a unanimous voice vote.
Mr. Raymond R. Robrecht, attorney representing Salem Cable
Television was present and reminded the Board that earlier this year a rate
increase was requested. At that time they decided to proceed with proposed
construction and enlargement of the scope of the services. He requested that
their rate request be referred to the Board's Committee. Supervisor Burton moved
that the request be referred to the Cable TV Committee for appropriate action,
and the motion carried by a unanimous voice vote.
IN RE:
RECESS
At 7:25 p.m. Vice Chairman Nickens called for a brief recess.
IN RE:
RECONVENEMENT
Vice Chairman Nickens called the meeting back to order at 7:35 p.m.
Clerk of Court, Mrs. Elizabeth Stokes, was present to receive two
documents officially given to her by the Board of Supervisors - a Resolution
and a slate plaque of the Courthouse congratulating her on completion of her term
as President of the National Association of County Recorders and Clerks.
Vice Chairman Nickens then advised the citizens who were present
to speak in opposition to the proposed industrial site on Ruritan Road that the
Board would not take any action regarding the option at this meeting and will
adjourn this meeting to August 30, 1983, at 8:00 p.m. to further consider this
matter.
8 ()
8-23-83
Vice Chairman Nickens then informed the following citizens to limit
their comments to three minutes. The following citizens spoke in opposition to
the proposed industrial site: Mr. Tom Gary, 5324 Wipledale Avenue, Roanoke;
Mr. John Hartsock, 871 Lauderdale Avenue, Vinton; Mrs. Gloria Helsley, 1621 West
Ruritan Road; Mrs. Becky Wade, 4038 Mockingbird Hill, N.E., Roanoke; Mr. Bobby
Wade, 4038 Mockingbird Hill, N.E., Roanoke; Mr. R. A. Helsley, 1621 West Ruritan
Road, N. E., Roanoke; Mrs. Barbara B. Shank, 2021 Broyles Lane, Roanoke; Mrs.
Elsie Trent, 2041 Broyles Lane, Roanoke; and Mrs. Joyce Johnson, 2706 Greggin
Drive, N. E., Roanoke.
Supervisor Myers then explained why he asked each of the above
people if they were aware of the petition requesting annexation to the City of
Roanoke and if they had signed it. He explained that from the beginning he has
been on the people's side; and if they were acting against Roanoke County, he
would have to reevaluate his position. Mr. Terry Vann, 2150 Ruritan Road,
Roanoke informed Mr. Myers that the majority of the people were not in favor
of being a part of the City of Roanoke. Vice Chairman Nickens assured the
citizens that the Board will make every effort to act in their best interest and
also what is best for Roanoke County.
IN RE:
PUBLIC BEARINGS
PETITION OF 419 DEVELOPERS, INC. REQUESTING
REZONING FROM R-1 TO B-1 OF A TRACT
CONTAINING 7.956 ACRES AND LOCATED ON THE
WEST SIDE OF ROUTE 419 1/8 MILE NORTH OF THE
INTERSECTION WITH KEAGY ROAD (ALLSTATE
BUILDING) IN THE WINDSOR HILLS MAGISTERIAL
DISTRICT. REQUESTED SO THAT A MEDICAL AND
OFFICE BUILDING WITH RELATED PARKING
FACILITIES BE CONSTRUCTED SUBJECT TO
PROFFERED CONDITIONS.
--Decree in 8- 3-83
packet affir ing
Board's acti n.
APPROVED
Prior to consideration of this matter, Mr. Richard Pattisall, attorney
for the petitioner, presented Amended Proffered Conditions; then he presented
the architect's drawing and requested the rezoning petition be granted. He
explained that they have tried to work out the problems and objections concerning
the height of the building, traffic accessibility, and drainage; and because of the
location, the property is conducive to commercial development rather than single
family development. There are no prospective tenants at the present time for
the proposed professional offices.
8-23-83
8 1
Mr. Bruce Mayer, attorney for the citizens opposing this rezoning,
presented two petitions - one from the residents of the immediate area, and the
other from the Hidden Valley PT A. He explained that dangerous traffic conditions
are the main concern, and the drainage capacity is not sufficient.
Supervisor Burton explained that the Highway Department has rejected
an intersection at McVitty Road and Route 419, that the only possibility for a
road would be at the south end of the property, and that the Highway Department
will not permit an access that does not meet their requirements. She also reported
that after consulting with the Engineering Department, she feels the drainage
problem has been adequately addressed.
Mr. Burl Whitlow, a geologist and President of Geotechnics, Vinton,
elaborated on the topography and drainage. Mr. Howard Worthy, 5535 McVitty
Road, Roanoke, gave a slide presentation outlining the numerous properties for
lease along Route 419 and a movie depicting the traffic flow in the area.
Supervisor Minter asked for any comments from the citizens as to
what they feel would be a better use for this property. Dr. John W. Barnard,
5743 Club Lane (Farmingdale) Roanoke, stated that previous Boards have turned
down this rezoning and that the Zoning Commission turned it down twice. He
suggested a two-story structure would be more more suitable to the topography.
Supervisor Burton stated that the health, safety, and welfare of the
people involved along with the appropriateness of the proposed development in
conjunction with the area was of primary concern to her. Amended Proffered
Condition #6 is the one factor that influenced her the most because it gives the
Board of Supervisors control over the accessibility to the property. Supervisor
Burton moved for acceptance of the petition because she felt residential
development would not be suitable, and in particular because of Item #6 of the
Amended Proffered Conditions.
FINAL ORDER
NOW, THEREFORE BE IT ORDERED that the aforementioned tract
of land, more particularly described below, be rezoned from Residential District R-
1 to Office and Residential District B-1
8. ')
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8-23-83
BEGINNING at a point on the west side of Virginia
Highway Route 419 at the northeast corner of property
of H. W. Long and being the southeast corner of property
being herein described; thence leaving Virginia Highway
Route 419 and with H. W. Long line N. 760 24' 24" W.
118.35 feet to a point; thence N. 880 35' 44" W. 179.48
feet to a point; thence N. 330 49' 50" E. 138.53 feet to
a point; thence continuing with H. W. Long line N. 730
53' W. 280.76 feet to a point at the southeast corner
of Lot 13, map of Farmingdale South recorded in P. B.
9, p. 5; thence leaving the H. W. Long property and
with the east line of Lot 13 and 14 of said map, N. 90
08' 48" E. passing the center of a 20' sanitary sewer
easement at approximately 452 feet, in all 471.52 feet
to a point at the northeast corner of said Lot 14 and
being the southwest corner of property of Bernard S.
& Marguerite R. Morris; thence with same N. 840 08'
35" E. 361.05 feet to a point; thence N. 560 08' 15" E.
121.42 feet to a point; thence N. 760 14' 40" E. 94.20
feet to a point; thence continuing with the Morris line
N. 820 17' 10" E. passing the center of the
aforementioned sewer easement at approximately 60
feet, in all 73.39 feet to a point; thence S. 650 55' 19"
E. 45.19 feet to a point on the west side of Virginia
Highway Route 419; thence along the westerly side of
Virginia Highway Route 419 with arc of a circle to the
left whose radius is 1542.39 feet, whose chord is S. 170
23' 24" W. 847.79 feet, an arc distance of 858.84 feet
to the place of BEGINNING and containing 7.956 acres
and being as shown on map made by T. P. Parker &
Son, Engineers & Surveyors, Ltd., dated September 10,
1980, attached hereto; and
BEING a portion of the same real estate conveyed to
Mason H. Littreal from Bernard S. Morris and Marguerite
R. Morris, his wife, by Deed dated October 6, 1972,
and of record in the Clerk's Office of the Circuit Court
of Roanoke County, Virginia, in Deed Book 956 at page
399, and being also a portion of the same real estate
conveyed to Mason H. Littreal from The First National
Exchange Bank and Marguerite R. Morris (formerly
Marguerite R. Kimble) Executor and Trustee under the
Last Will and Testament of Leslie A. Kimble, by Deed
dated October 2, 1972, and of record in the aforesaid
Clerk's Office in Deed Book 956, at page 399, and being
further a portion of the same real estate conveyed to
Mason H. Littreal and Elizabeth N. Littreal, his wife,
from The First National Exchange Bank and Marguerite
R. Morris (formerly Marguerite R. Kimble), Executor
and Trustee under the Last Will and Testament of Leslie
A. Kimble, by Deed dated February 6, 1973, and of
record in the aforesaid Clerk's Office in Deed Book
965, page 738.
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.
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83
AMENDED PROFFERED CONDITIONS
Your petitioner, 419 Developers, Inc. respectfully proffer to the Board
of Supervisors of Roanoke County, the following conditions, reservations, and
limitations to be made a part of any rezoning of the subject premises requested,
as follows:
AYES:
NA YS:
ABSENT:
IN RE:
1.
Petitioner will not cause to be erected upon the premises a basic
structure as shown on the site plan exceeding 50 feet in height as
measured from ground level.
Petitioner covenants no future development of the subject property
to the rear of the proposed basic structure as shown on the site
plan shall be allowed.
Petitioner covenants that the subject premises proposed to be rezoned
shall be used for only an office building.
Petitioner covenants that appropriate screening along the common
boundary of subject premises with the Sherman Helms, et ux property
will be erected using appropriate greenery, as provided by competent
landscaping personnel.
Petitioner covenants that said rezoning shall be in conformance with
provisions for drainage of surface water acceptable to governmental
authorities.
Petitioner covenants that said rezoning shall be in conformance with
provisions for motor vehicular traffic control and accessibility for
northbound and southbound traffic, which are acceptable to
governmental authorities and agencies.
Adopted by the following roll call vote:
Supervisors Myers, Minter, Burton, Nickens
None
Supervisor Johnson
2.
3.
4.
5.
6.
RECESS
Vice Chairman Nickens called for a recess at 9:48 p.m.
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8-23-83
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o
IN RE:
RECONVENEMENT
At 10:06 p.m. the meeting reconvened. Mr. Bob Anderson requested
to speak under Citizens Comments regarding Agenda Item F .3.c - User Fees and
Charges. Vice Chairman Nickens informed him that the Board has not had an
opportunity to discuss this in a Work Session, and that it will be carried forward to
a future meeting. Mr. Anderson suggested that this should be a service to be
provided to the citizens unless they abuse it. He also feels that this charge is
in violation of the Freedom of Information Law.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Burton - asked Timothy Gubala that the Board of
Supervisors be provided with a copy of the Planning Commission Minutes prior to
the meeting on which the petitions are requested.
Supervisor Minter - informed the Board that the Planning staff is
reviewing noise ordinances from other cities for the purpose of comparing them
with the Roanoke County Noise Ordinance. He also requested an Executive Session
to discuss a real estate and legal matter.
Supervisor Myers - Has received three letters of proposal concerning
the Salem-Roanoke County Civic Center. One is addressed to the Civic Center
Commission requesting a lease of the property; one from a company making an
offer to purchase the building, land, and equipment for $1,000,000; and one from
the City of Salem. Supervisor Myers requested that Vice Chairman Nickens appoint
representatives to discuss these letters with the City of Salem. Vice Chairman
Nickens suggested Mr. Myers, Mr. Flanders, and himself approach the City of
Salem with the three proposals as quickly as possible. He also requested that this
be officially communicated in writing to Mayor Taliaferro and Mr. Paxton.
Supervisor Burton asked for an opportunity to personally review these offers and
also asked Vice Chairman Nickens if the Board will express a preference in these
matters. Vice Chairman Nickens felt it would be best to wait and see what
information results from discussions with the City of Salem.
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85
Vice Chairman Nickens - would like staff to consider a standard
design for future well houses. He requested immediate attention be given to
inoperative water meters and the absence of meters to facilitate everyone paying
an equitable share of water costs. He also requested a work session on street lights.
At the request of Chairman Johnson the following resolution was
adopted on motion by Supervisor Myers:
Adopted by the following roll call vote:
AYES:
NA YS:
ABSENT:
Supervisors Myers, Minter, Burton, Nickens
None
Supervisor Johnson
IN RE:
REPORTS OF OFFICERS, DEPARTMENTS, AND COMMITTEES
At the request of Vice Chairman Nickens and the recommendation of
the County Administrator and staff who were present, all items remaining on the
Agenda were carried over until the August 30, 1983, Meeting with the exception
of the following:
County Attorney - James E. Buchholtz informed the Board that his
report on Legislative Procurement does not require any action but does address
the urgency of a meeting to ascertain which changes the County may wish to
place before the 1984 General Assembly. Supervisor Burton requested Mr. Buchholtz
meet with the County Administrator to set up a time for the Board to address
this matter. She also expressed concern of a need for Work Sessions to discuss
matters that will require future Board action.
Mr. Buchholtz presented the following appropriation resolution relating
to a condemnation case involving. acquisition of a well lot from Mrs. Frances N.
Bear for the County Water System. The appraised price established at the time
of the condemnation proceeding several years ago is $5,000. Supervisor Burton
moved the following prepared appropriation resolution.
RESOLUTION NUMBER 83-153
On motion made by Supervisor Burton, the General Appropriation Resolution
of Roanoke County, Virginia, adopted June 14, 1983 be, and is the same hereby
amended as follows to become effective August 23, 1983:
86
8-23-83
DESCRIPTION
ACCOUNT NUMBER
INCREASE
(DECREASE)
Class:
Fund:
Dept:
Object:
Expenditures
Utilities
Non-Departmental-Water
Purchase of Land 92-6-09107-71000
$5,000
Object:
Unappropriated Balance-
Water 92-6-09107-99999
(5,000)
Adopted by the following roll call vote:
AYES:
Supervisors Myers, Minter, Burton, Nickens
NAYS:
None
ABSENT
Supervisor Johnson
An amendment relating to B-3 Zoning needs to be directed to the
Planning Commission for definition. Supervisor Minter moved that this be done,
and the motion carried by a unanimous voice vote.
County Administrator - Donald R. Flanders requested an Executive
Session to discuss personnel, real estate, and industrial development. He also
pointed out an advertisement in the August 7, 1983 "Roanoke Times and World
News" requesting locations for the new Southwest County Post Office.
The City of Salem, the City of Roanoke, and Roanoke County would
like to set up a meeting to discuss the future long-range water plans in the
Roanoke Valley. Mr. Flanders will advise the Board of a convenient time and place.
County Planner, Rob Stalzer, has requested a time to meet with the
County Board to discuss the Comprehensive Plan. A tentative date of September
14 was discussed.
Personnel Officer - Mr. Keith Cook reported that the qualifications
have been revised for the Chief Building Official and recommended a revision
from Pay Grade 35 to 38. No appropriation of additional funds will be required
for the coming budget year as adequate funds are available. Supervisor Minter
moved for the prepared resolution reflecting these changes. Vice Chairman Nickens
expressed concern over making mid-year adjustments and also felt there are local
individuals who meet the advertised requirements to fill the position.
The item will be continued until the September 13, 1983, Meeting
due to the following tie roll call vote:
AYES:
Supervisors Minter, Burton
NAYS:
Supervisors Myers, Nickens
ABSENT:
Supervisor Johnson
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87
IN RE:
EXECUTIVE SESSION
At 10:36 p.m. Vice Chairman Nickens entertained a motion to stop
the clock. Supervisor Minter moved to stop the clock, and the motion carried by
AYE votes from Supervisors Minter, Burton and Nickens and aNA Y vote from
Supervisor Myers. Supervisor Minter moved to go into Executive Session pursuant
to the Code of Virginia, Section 2.1-344(a) (1), (2), (4), and (6) to discuss personnel,
real estate, prospective sites for business and industry, and legal matters. The
motion carried by a unanimous voice vote.
IN RE:
OPEN SESSION
Supervisor Minter moved to return to open session at 10:45 p.m., and
the motion carried by a unanimous voice vote.
Supervisor Minter moved to adjourn to 8:00p.m. Tuesday, August 30,
1983, to consider the option on the property on West Ruritan Road, the balance
of the August 9, 1983, Agenda, as well as Bid Committee Reports and Resolutions
regarding blacktopping of public safety facilities and a parking area at Mt. Pleasant
Fire Station; microfilming equipment for the Clerk of Circuit Court Office; a
request of the County Attorney for the settlement of a condemnation matter; and
a request of the County Administrator to include an Executive Session to discuss
personnel, real estate, and legal matters. The motion carried by a unanimous
voice vote.
IN RE:
ADJOURNMENT
At 11:00 p.m. Supervisor Myers moved to adjourn the meeting, and
the motion carried by a unanimous voice vote.
J1ta; 1t/~~