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3/27/1979 - Regular 3-27-79 066 ,. . Board of County Supervisors Salem-Roanoke County Civic Cente Salem, Virginia March 27, 1979 7:00 P.M. The Board of County 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. Member Present: Chairman May W. Johnson, Vice-Chairman Robert E. Myers, Supervisors R. Wayne Compton, Edward C. Park,Jr. and Lawrence E. Terry. Chairman Johnson Called the meeting to order at 7:05 p.m. and recognized Reverend D. N. McGrady, West Salem Baptist Church, who offered the invocation. The Pledge of Allegiance to the flag was given in unison. I IN RE: APPROVAL OF MINUTES On motion of Supervisor Terry and a unanimous voice vote, the minutes of the regular meeting of March 13, 1979, were approved as presented. IN RE: REQUEST OF ROBERT LEE ROGERS FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME TO BE OCCUPIED BY MR. AND MRS. O. C. JACOBS (MOTHER AND FATHER-IN-LAW) ON A 4-ACRE TRACT LOCATED ON THE WEST SIDE OF STATE ROUTE 642 (ALLEGHANY DRIVE), 0.5 MILE NORTH OF U. S. ROUTE 11-460) IN THE CATAWBA DISTRICT Mrs. W. R. Young, adjoining property owner, appeared before the Board in regard to this request and advised that the app1ican , Mr. Rogers, purchased the property in question from her, but without any knowledge on her part that Mr. Rogers intended to place a mobile home on the land. Mr. Rogers was present at the hearing and stated that there were six trailers in the vicinity. Mr. Ti1don T. Tuttle, area resident, advised that the other trailers in the area are on commercial property, not residential lots. Mr. Tuttle stated that he felt a mobile home would devalue his property and the property of others in the area. This concluded the public hearing, and after consideration of the merits of the request, Supervisor Myers moved that the request be denied since this proposed use of land would be incompatible with the surrounding area, which motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None I I IN RE: REQUEST OF ADENA L. DAVIS FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A l-ACRE TRACT LOCATED ON THE NORTH SIDE OF STATE ROUTE 864 (OLD ROUTE 311) 200 FEET EAST OF THE G.K. CUSTER STORE IN THE CATAWBA DISTRICT 3-27-79 067 I Mrs. Davis was present at the hearing. Mr. G. K. Custer, adjoining property owner, appeared in opposition to the request stating that a mobile home would reduce the value of the property in the area. This concluded the public hearing, and after consideration of the merits of the request, Supervisor Myers moved that the request be denied since the vicinity in which the mobile home is to be parked is not suitable for a mobile home site and therefore incompatible with the surrounding area, which motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson I None REQUEST OF WALTER LANE, JR. FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A l-ACRE TRACT LOCATED ON THE NORTHWEST SIDE OF STATE ROUTE 622 (BRADSHAW ROAD), 0.25 MILE EAST OF ITS INTERSECTION WITH STATE ROUTE 727 IN THE CATAWBA DISTRICT This request was presented to the Supervisors by Mr. Lane. No one appeared in opposition. This concluded the public hearing and Supervisor Myers moved that the request be approved subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes, which motion was adopted unanimously. IN RE: PETITION OF CENTURY DEVELOPMENT CORPORATION AND BRANCH & ASSOICATES, INC. FOR REZONING FROM M-l TO B-2 OF ONE-HALF ACRE LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF ROUTE 628 (WOOD HAVEN ROAD) AND PETERS CREEK ROAD IN THE CATAWBA DISTRICT SO A CO~~ENIENCE STORE l1AY BE OPERATED THEREON NAYS: IN RE: I This request was presented to the Supervisors by Michael K. Smeltzer, Attorney for the petitioners. Mr. Smeltzer explained that the property will be purchased by the Southland Corporation, parent company of 7-Eleven, and at the present time it is not planned to be a 24-hour operation. Ms. Thelma Dooley, resident of 5303 Alexander Drive, submitted a pettion containing 31 signatures of area residents opposing the rezoning and stating that a convenience store would increase vehicle traffic at the intersection of Wood Haven Road, which is across the street from the Division of Motor Vehicles, which petition is filed with the minutes of this meeting. Supervisor Myers noted the conflict with the County's Long Range Land Use Guide Plan, which show this area as Residential. Mr. Tom Hunter, real estate agent for the petitioners, was present at the hearing and noted that the entrance to Peters Creek must be approved by the City of Roanoke and the entrance to Wood Haven must be approved by the State Highway Department. ----- 3-27-79 . tl~8 '. .. ,. This concluded the public hearing and Supervisor Myers moved that the rezoning be denied due to the conflict with the County's Long Range Plan and traffic problems, which motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry Mrs. Johnson NAYS: IN RE: None I PETITION OF ROBERT C. DANTZLER FOR REZONING FROM RE TO A-I OF 19 ACRES AT THE NORTtMEST CORNER OF THE INTERSECTION OF TEXAS HOLLOW ROAD AND STATE ROUTE 913 Due to the fact that the petitioner was not present at the hearing, Supervisor Myers moved that the public hearing on the petition of Robert C. Dantzler be continued to April 10, 1979, and that the petitioner be notified of this action, which motion was adopted unanimously. NOTE: Mr. Dantzler arrived at approximately 8:30 p.m. and asked the Supervisors to reconsider their action to continue the public hearing. The Supervisors granted the request and the rezoning was approved. SEE PAGE 176 IN RE: PETITION OF FRIENDSHIP MANOR APARTMENT VILLAGE CORPORATION FOR REZONING FROM R-l, R-3, and B-2 OF 56 ACRES KNOWN AS THE "LAKEVIEW PROPERTY" LOCATED ON THE WEST SIDE OF WILLIAMSON ROAD AND FRONTING PARTLY ON PETERS CREEK ROAD, DENT ROAD, & AIRPORT ROAD IN THE HOLLINS DISTRICT TO PERMIT CONSTRUCTION OF AN ADDITION TO AN EXISTING HOME FOR ADULTS AND CONSTRUCTION OF LIFE-LEASE APARTMENTS FOR THE ELDERLY, SUBJECT TO THE FOLLOWING CONDITION CONSENTED TO BY THE PETITIONERS: PROFFER OF CONDITIONS That no buildings will be constructed within a 100-foot wide buffer strip of land, said strip being located inside and adjacent to the easterly boundary of the petitioner's property line, which property line is roughly parallel to and west of Pendleton Drive along the line of Hazel and Ivory Edmondson, described by the following two courses and distances: S. 36 deg. 26' 30" W. 270.00 feet, and S. 9 deg. 48' 05" W. 370.79 Pursuant to Section 21-11 (d) of the Roanoke County Zoning Ordinance, the Petitioner does hereby proffer the following condition with respect to its Petition to rezone the above property: That no buildings will be constructed within a 100-foot wide buffer strip of land, said strip being located inside and adjacent to the easterly boundary of the Petitioner's property line, which property line is roughly parallel to and west of Pendleton Drive along the line of Hazel and Ivory Edmondson, described by the following two courses and distances: S. 35 deg. 26' 30" W. 270.00 feet, and S. 9 deg. 48' 05" W. 370.79 feet. I I 3-27-79 .,,069 . I FINAL ORDER WHEREAS, this Board, after giving careful consideration to said petition and to said recommendation, after hearing evidence touching on the merits of the said proposed amendment to the County Zoning Ordinance, being of the opinion that said County Zoning Ordinance should be amended as requested in said petition, but subject to the proffered conditions. NOW, THEREFORE, BE IT RESOLVED and ORDERED that at this meeting of the Board of Supervisors of Roanoke County, Virginia, held on the 27th day of March, 1979, the said County Zoning Ordinance be, and the same is hereby amended so as to reclassify the property described in said petition from Business Districts B-2 and B-3 and Residential District R-l to Business District B-2 and Residential District R-3, in order that said property might be more fully and reasonably used, the said property being located in the County of Roanoke, State of Virginia, and more particularly described on Exhibit A attached hereto, said zoning being subject to the following condition: *SEE ABOVE PROFFER OF CONDITIONS BE IT FURTHER RESOLVED and ORDERED THAT THE Clerk of this Board shall forthwith certify a copy of this resolution and order to the Secretary of the Planning Commission of Roanoke County, Virginia, and a copy to Smeltzer & Hart, P.C., attorneys for the Petitioner. On motion of Supervisor R. Wayne Compton the rezoning was approved subject to the condition proffered by the petitioners and contained within the foregoing Final Order, which motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry Mrs. Johnson I NAYS: None I The above request was presented to the Supervisors by Michael K. Smeltzer, Attorney for the petitioners along with Dr. Lawrence Rice, Administrator of Friendship Manor. Mr. Smeltzer explained that the petitioners proposed to construct an addition to an existing home for adults and construction of life-lease apartments for the elderly. In response to a question raised by Supervisor Compton, Dr. Rice concurred in a "gentlemen's agreement" that Friendship Manor will continue to pay taxes to the County on any property not used for its intended purpose. Supervisor Compton also requested that the petitioners agree that Pendleton Drive will always be closed as a thoroughfare. Upon advisement by the County Attorney that this condition could not be placed on this rezoning at this particular hearing, Dr. Rice stated that Friendship Manor will continue to abide by its policy of allowing - 3-27-79 070 open space. IN RE: PETITION OF FRIENDSHIP MANOR APARTMENT VILLAGE * CORPORATION FOR REZONING FROM R-1 TO B-2 OF * 24.178 ACRES LOCATED ON THE NORTH SIDE OF STATE* ROUTE 625 (HERSHBERGER ROAD) AND ON THE EAST * SIDE OF STATE ROUTE 623 (FLORIST ROAD) IN THE * FINAL HOLLINS DISTRICT TO PERMIT CONSTRUCTION OF AN * ORDER ADDITION TO A CONVALESCENT AND NURSING CARE * FACILITY AND CONSTRUCTION OF LIFE-LEASE * APARTMENTS FOR THE ELDERLY, SUBJECT TO THE * FOLLOWING CONDITION CONSENTED TO BY THE * PETITIONERS * I That if the petitioner does not utilize the subject real property in accordance with is expressed intentions then, and in that event, said property shall revert to its previous zoning classification. This request was presented to the Supervisors by Michael K. Smeltzer, Attorney for the petitioners. Mr. Smeltzer eXplained the proposal which is to extend the B-2 frontage so as to enlarge upon and add to the present convalescent center. Dr. Lawrence Rice, Administrator for Friendship Manor, advised that he was not planning a large number of apartments, but acquired the acreage in order to keep the concept of open space, since the Corporation prefers as much open space as possible. No one appeared in opposition. WHEREAS, the petitioner did make a Proffer of Conditions for the requested rezoning; and WHEREAS, this Board, after giving careful consideration to said petition and to said recommendation, after hearing evidence touching on the merits of the said proposed amendment to the County Zoning Ordinance, being of the opinion that said County Zoning Ordinance should be amended as requested in said petition, but subject to the proffered conditions. NOW, THEREFORE, BE IT RESOLVED and ORDERED that at this meeting of the Board of Supervisors of Roanoke County, Virginia, held on the 27th day of March, 1979, the said County Zoning Ordinance be, and the same is hereby amended so as to reclassify the property described in said petition from Residential District R-l to Business District B-2 and Residential District R-3, in order that said property might be more fully and reasonably used, the said property being located in the County of Roanoke, State of Virginia, and more particularly described on Exhibit A attached hereto, said zoning being subject to the following condition: That if the Petitioner does not utilize the subject real property in accordnace with its expressed intentions then, and in that event, said property shall revert to its previous zoning classification. I I 3-27-79 071; I BE IT FURTHER RESOLVED and ORDERED that the Clerk of this Board shall forthwith certify a copy of this resolution and order to the Secretary of the Planning Commission of Roanoke County, Virginia, and a copy to Smeltzer & Hart, P.C., attorneys for the petitioner. This concluded the public hearing, and Supervisor Compton moved that the rezoning be approved subject to the condition proffered by the petitioners and contained within the foregoing Final Order, which motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson None ORDINANCE NO. 2264 AMENDING CHAPTER 17 OF THE ROANOKE COUNTY CODE ENTITLED "SUBDIVISIONS" WHEREAS, the Board of County Supervisors of Roanoke County deems certain amendments to the Roanoke County Code to be necessary in the best interests of the health, safety and welfare of the citizens of Roanoke County; and WHEREAS, a notice of intention to amend the Roanoke County Code as proposed and the public hearing thereon have been advertised and posted in accordance with law. NOW, THEREFORE, BE IT ORDAINED by the Board of County Supervisors of Roanoke County that Chapter 17 "Subdivisions" of the Roanoke County Code be amended as follows: Sec. 17-3 Design requirements generally. (a) The OWYler or proprietor of a subdivision shall observe and comply with the following general requirements and principles of land subdivision in preparing the preliminary and final subdivision plats: (Add (20)) (20) Streets and sidewalks shall be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage discharge openings shall be designed to minimize flood flows without significantly increasing flood heights or established elevations of identified flood hazard areas. NAYS: IN RE: I I Sec. 17-7. Factors to be considered in studying preliminary plat. (Delete existing and replace with the following:) The agent in studying the preliminary plat shall take into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to width, arrangement, and location of streets and alleys or utility easements, erosion and sediment control, drainage, lot sizes and arrangements, and other facilities such as parks, playgrounds, public and private sewage facilities, water filtration and distribution facilities, school sites, public buildings, parking areas, boulevards, and the main highways. Adequate street connections shall be required by the agent to insure free and safe access to adjoining, existing, proposed, and possible subdivisions of land when such access can meet the standards of this Chapter without unduly damaging the land contained in the proposed subdivision. All new or replacement sanitary sewer facilities, pumping stations and collector systems including private package sewage - 3-27-79 072 . . ~ treatment plants shall be designed to rnlnimlze or eliminate infiltration of floodwaters into the system and discharges from the system into the floodwater. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the the system and be located and constructed to minimize or eliminate flood damage. All utilities such as gas, electrical, and communications systems located in flood-prone areas should be elevated wherever possible or constructed in a water-proof flood resistant manner to minimize the change of impairment or loss of service during a flooding occurrence. Sec. 17-18. Plans and specifications generally. (Completely replace Sec. 17-18 (d) with the following:) (d) Whenever and wherever conditions as are caused or aggravated by reason of the subdivision of land hereunder adversely affect the proper use or drainage of streets, highways, pedestrian ways, slopes or natural water courses; or adversely affect the public health, safety or welfare; or cause an inrre~sp in erosion and sediment, the following improvements maybe requird by the County Engineer to be provided and installed by the subdivider: (1) All storm drainage facilities including on-tract and/or off-tract drainage or other drainage structures necessary for the proper use and drainage of slopes, streets, highways and pedestrian ways or for the public safety, shall be designed to convey the flow of surface waters without damage to persons or property. The system shall insure drainage away from buildings, and on-site waste disposal sites and septic tank facilities with subsurface disposal fields. The County of Roanoke may require a primarily underground system to accommodate frequent floods and a secondary surface system to accomodate larger less frequent floods. Drainage plans shall be consistent with local and regional storm drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto the adjacent properties. (2) Erosion and sediment control measures including planting. This amendment to take effect on March 27, 1979. This amendment was presented to the Supervisors by County Engineer Guepe, who advised that they are necessary in order for the County to remain eligible for the Federal Flood Insurance Program. No one appeared in opposition. This concluded the public hearing and Supervisor Terry moved adoption of the foregoing ordinance, which motion was approved by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry Mrs. Johnson I I NAYS: None I IN RE: PETITION OF ROBERT C. DANTZLER FOR REZONING* FROM RE TO A-l OF 19 ACRES LOCATED AT THE * NORTHWEST CORNER OF THE INTERSECTION OF * FINAL STATE ROUTE 641 (TEXAS HOLLOW ROAD) AND * ORDER STATE ROUTE 913 IN THE CATAWBA DISTRICT * TO PERMIT THE CONSTRUCTION AND OPERATION * OF A HORSE FARM * 3-27-79 07 3' . I Supervisor Myers advised that Mr. Dantzler was now present at the meeting and moved that the Board reconsider its action to continue the public hearing on his rezoning petition, which motion was adopted unanimously. Mr. Dantzler presented his request to the Supervisors to operate a horse farm on the subject property. Supervisor Myers asked the petitioner to agree to the condition that the barn and the buildings would not be closer than 200 feet from the property line. After some discussion on this matter, it was noted that the County Code would restrict the petitioner whereby no structure could be built within 100 feet from the property line. No one appeared in opposition. FINAL ORDER NOW, THEREFORE, BE IT ORDERED by the Board of County Supervisors of Roanoke County that the following parcel of land situate on the northwest corner of the intersection of SR 913 and SR641 (Texas Hollow Road), be, and the same is hereby rezoned from Residential District RE to Agricultural District A-1, I TRACT A BEGINNING at an iron pin on the westerly side of Va. State Sec. Hwy. 913, said point being the southeasterly corner of that certain 3.005 acre tract conveyed to John Mack Welford and Nettie A. Welford, husband and wife; thence continuing with the westerly line of Va. State Sec. Hwy. 913, the following five courses and distances: S. 41 deg. 43' E. 126.13 feet to a point; thence with a curve to the left having a radius of 475.00 feet, a chord bearing of S. 34 deg. 49' 23" E., a distance of 114.02 feet to a point; thence S. 27 deg. 55' 46" E. 149.32 feet to a point; thence with a curve to the left having a radius of 845.00 feet, a chord bearing of S. 23 deg. 07' 40" E., a distance of 141.46 feet to an iron pin; thence S. 18 deg. 19' 35" E. 221.03 feet to an iron pin, said iron pin being at the intersection of Va. State Sec. Hwys. 913 and 641; thence with the northerly line of of Va. State Sec. Hwy. 641 (Texas Hollow Road), the following four courses and distances: with a curve to the left having a radius of 205.00 feet, a chord bearing of S. 61 deg. 32' 10" V.I., a distance of 45.38 feet to a point; thence S. 67 deg. 53' 26" W.3l6.5l feet to a point; thence S. 66 deg. 53' 50" W. 488.74 feet to a point; thence with a curve to the left having a radius of 215.00 feet, a chord bearing of S. 77 deg. 02' 47" W., a distance of 75.77 feet to an iron pin; thence leaving Va. State Sec. Hwy. 641, and with the line of the property now or formerly owned by Waldron, N. 26 deg. 30' W. 424.95 feet to an iron pin; thence with the line of the now or formerly Tennie property, N. 18 deg. 38' W. 604.6 feet to an iron pin on the line of the property now or formerly owned by McDaniel; thence with the line of the McDaniel property, N. 64 deg. 48' E. 350.69 feet to an iron pin, said iron pin being located at the northwesterly corner of the property conveyed to John Mack Welford and Nettie A. Welford; thence the following two lines with said Welford property: S. 33 deg. 53' 07" E. 292.28 feet to an iron pin, - I 3-27-79 I' 7 4 .. . .;. and N. 70 deg. 13' 25" E. 440.98 feet to an iron pin on the westerly side of Va. State Sec. Hwy. 913, the place of BEGINNING; and containing 18.883 acres, as more particularly shown on the hereinafter mentioned survey. TRACT B BEGINNING at an iron pin on the easterly side of Va. State Sec. Hwy. 913 and on the line of the property now or formerly owned by Griggs; thence S. 28 deg. 15' E. 153.97 feet to an iron pin; thence S. 28 deg. CO' E. 131.50 feet to an iron pin; thence with a curve to the left having a radius of 205.00 feet, a chord bearing of S. 39 deg. 11' 28" W., a distance of 49.97 feet to a point on the easterly side of Va. State Sec. Hwy. 913; thence with the easterly side of Va. State Sec. Hwy. 913, the following two courses and distances: N. 18 deg. 19' 35" W. 209.52 feet to a point, and with a curve to the right having a radius of 875.00 feet, a chord bearing of S. 21 deg. 06' 18" E., a distance of 84.83 feet to an iron pin, the place of BEGINNING: and containing 0.134 acres. This concluded the public hearing and Supervisor Myers moved that the rezoning be approved, which motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry Mrs. Johnson NAYS: None IN RE: RELEASE OF TITLE TO 1975 FORD UTILITY TRUCK-CAVE SPRING FIRE DEPARTMENT Supervisor Terry moved that the Board concur with the request of the Cave Spring Fire Department and release title on a 1975 Ford utility truck (County Vehicle #7520), which motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson I I NAYS: IN RE: None PROCLAMATION-CLEAN VALLEY MONTH With the concurrence of all Supervisors, Board Chairman Johnson signed the proclamation designating the month of April as "Clean Valley Month." A full copy of the proclamation is filed with the minutes of this meeting. IN RE: RESOLUTION NO. 2265 RECOMMENDING AND URGING THE INITIATION OF A PROJECT TO PROVIDE INDUSTRIAL ACCESS TO A CERTAIN NEW INDUSTRIAL PLANT TO BE LOCATED IN ROANOKE COUNTY BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That said Board, having duly considered the request and assurances of Bolling Steel Company, Inc., and Walter M. Lipes, respectfully urges and recommends to the Highway Commission of Virginia that consideration be given, that immediate study be made and that a project be approved and initiated pursuant to the provisions of Section 33.1-221 of I - 3-27-79 075' ; I the Code of Virginia of 1950, as amended, to provide approximately 1,500 feet of needed industrial access improvements extending State maintenance from Garman Road to Lot 25, Fort Lewis Estates, situate in Roanoke County. 2. That Roanoke County, conditioned upon being advised and having been assured in writing by Bolling Steel Company, Inc , and Walter M. Lipes, that said company of Mr. Lipes shall bear the expense of guaranteeing the acquisition of any and all right of way and the vesting thereof in the public agency, and the adjustment of utility expenses necessary for the project, and any expenses imposed on the County of Roanoke by reason of said project, does hereby assure the Virginia Department of Highways that such Department shall incur no expense for such items. I 3. That the Clerk of this Board forthwith transmit certified copies of this resolution together with any necessary appropriate supporting data to the State Highway Commission of Virginia through the local office of the Virginia Depart- ment of Highways. On motion of Supervisor Myers and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry Mrs. Johnson NAYS: None IN RE: COUNTY PLANNER Supervisor Terry moved that the Board concur with the recommendation of the County Executive and employ Mr. Timothy W. Gubala as County Planner, which motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry Mrs. Johnson NAYS: None IN RE: P.EALTH DEPARTMENT OFFICE SPACE Supervisor Terry moved that the Board concur with the recomnlendation of the County Executive in leasing approximately 1,000 square feet of additional office space for the Health Department which is available in the rear of the building that the Department presently occupies, and that staff be authorized to negotiate an increase in the per-square-foot rental rate in recognition of inflationary cost increase, which motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson I NAYS: IN RE: None RESOLUTION NO. 2266 DIRECTING ADVERTISEMENT FOR BIDS FOR AWARD OF A FRANCHISE TO USE THE STREETS AND OTHER PUBLIC PLACES OF A PORTION OF ROANOKE COUNTY FOR A SYSTEM OF COMMUNITY 3-27-79 076 . . ANTENNA TELEVISION (HEREINAFTER CABLE TELEVISION OR CATV), WIRES, CONDUITS,CABLES AND FIXTURES UPON CERTAIN TERMS AND CONDITIONS BE IT RESOLVED by the Board of Supervisors of Roanoke County that the Clerk to the Board of Supervisors do cause to be advertised once a week for four successive weeks in the "Roanoke Times and World News", a newspaper having general circulation in Roanoke County, the proposed ordinance here- inafter set out entitled "ORDINANCE No. granting to the right, for the term and upon the conditions herein stated, to use the streets, alleys and public ways upon obtaining all necessary approvals of all regulatory agencies and all individuals having an interest in any said streets, alleys and public ways, to erect, construct, operate and maintain a CATV system and to construct, install and maintain poles, cables, wires, conduits and appurtenances necessary to the sale and distribution of CATV service in and along the streets, alleys and other public ways in a portion of Roanoke County, Virginia, with necessary approvals; establishing conditions controlling the exercise of said franchise and the sale and distribution of CATV services; and regulating the manner of using the streets, alleys and public ways", the term of which proposed franchise has been approved by the Board of Supervisors, said advertise- ment to invite bids for the franchise proposed to be granted in said proposed ordinance, which bids are to be in writing and delivered to the presiding officer of the Board of Supervisors of Roanoke County in open session of said Board at an adjourned meeting thereof to be held in the Community Room at the Salem-Roanoke County Civic Center on the 8th day of May, 1979, at 7:00 o'clock p.m., local time, the right to reject any and all bids and to award the franchise to the single bidder whose bid is deemed to best effect and serve the interest of the public to be reserved in said advertisement, and said proposed ordinance to be in the following form, words and figures, to-wit: On motion of Supervisor Terry and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry Mrs. Johnson I I I NAYS: None IN RE: NOTICE OF PUBLIC HEARING-TAX LEVIES Supervisor Park moved that the Board hold a public hearing on April 24, 1979, at which time there will be considered the setting of a levy for the calendar year beginning January 1, 1979, and ending December 31, 1979, of a tax not to exceed $3.25 per One Hundred Dollars of 3-27-79 07~ I assessed valuation on all real estate and tangible personal property situate in Roanoke County, which motion was adopted by a unanimous voice vote. A full copy of this notice is filed with the minutes of this meeting. IN RE: SPECIAL COLLECTION-SPRING CLEANUP SPECIAL BRUSH COLLECTION-STORM DAMAGE After considerable discussion, Supervisor Park moved that the Board concur in delaying the County's "Spring Cleanup Week" due to the remaining debris from the damaging ice storm of this past January, which motion was adopted unanimously. I RESOLUTION NO. 2267 EMPLOYING ANDERSON & REED, CPA, TO MAKE A RATE STUDY OF THE ROANOKE COUNTY WATER SYSTEM FOR THE ROANOKE COUNTY PUBLIC SERVICE AUTHORITY UPON CERTAIN TERMS AND CONDITIONS, AND AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT WITH ANDERSON & REED, CPA BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That the Roanoke employ the firm of Anderson of the Roanoke County water $3,000.00; and County Public Service Authority & Reed, CPA, to make a rate study system at a cost not to exceed IN RE: 2. That the County Executive be, and he is hereby, authorized and directed to enter into contract with Anderson & Reed, CPA, for the performance of this study, said contract to be in a form to be approved by the County Attorney. On motion of Supervisor Terry and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None IN RE: RESOLUTION NO. 2268 APPROPRIATING THE SUM OF $3,000 FROM THE COUNTY'S UNAPPROPRIATED BAlANCE TO THE ACCOUNT 690000-454B (WATER OPEPATING- AUDITING) FOR WATER RATE STUDY DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) I Class: Expenditures Fund: Water Operating Department: Water Operating Object: Auditing 690000-454B $3,000 Department: Contingent Balance Object: Unappropriated Balance 690000-999 (3,000) On motion of Supervisor Terry and adopted by the following recorded vote: NAYS: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson None AYES: 3-27-79 078 ~c- ~ IN RE: WATER RATES Supervisor Compton moved that the County Executive write a letter to Roanoke City Council stating the Board's opposition to the reported rate increases in City water on behalf of Roanoke County citizens who receive City water service, which motion was adopted unanimously. IN RE: WATER LINE EXTENSION-SPRING GROVE SUBDIVISION, SECTION 4 I The Supervisors discussed a matter which will come before the Public Service Authority Board at their meeting on Thursday, March 29, 1979, dealing with extension of water line facilities for the Spring Grove Subdivision and on motion of Supervisor Park and a unanimous voice vote, the Supervisors agreed to concur in advance with the recommendation of the Public Service Authority Board if it is in keeping with the Public Service Authority staff's recommendation. A full copy of the staff report dated March 26, 1979, is filed with the minutes of this meeting. IN RE: RESOLUTION NO. 2269 AUTHORIZING PURCHASE OF MOTOR VEHICLES FOR THE ROANOKE' COUNTY 'SHERIFF'S DEPARTMENT BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That the Roanoke County Sheriff's Department be, and the same is hereby, authorized to purchase from the Commonwealth of Virginia, Department of Purchases and Supply nineteen (19) Chrysler Newport motor vehicles and two (2) Dodge Diplomat motor vehicles with equipment to be installed as outlined in a letter to the Board dated March 22, 1979, by the Sheriff of Roanoke County; and 2. That the purchase price of such motor vehicles and equipment shall not exceed $125,000.00 for all such vehicles without authorization of the Board. On motion of Supervisor Myers and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry Mrs. Johnson I NAYS: None IN RE: RESOLUTION 2270 AUTHORIZING THE EXECUTION OF A LEASE-PURCHASE AGREEMENT RELATING TO AN UPGRADED DATA PROCESSING SYSTEM FOR THE OPERATION OF A REGIONAL WARRANT SYSTEM AND OTHER DATA PROCESSING NEEDS FOR THE ROANOKE COUNTY SHERIFF'S DEPARTMENT BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That the County Executive be, and he hereby is, I authorized and directed to execute a certain lease-purchase agreement with Datapoint Corporation of San Antonio, Texas, I ,--- 3-27-79 07"9 I relating to the upgrading of a data processing system for the operation of a regional warrant system and other data processing needs for the Roanoke County Sheriff's Department upon all and singular the terms and conditions of that certain proposal of Datapoint Corporation for the lease purchase of such computerized equipment for a period of five years (60 months) at a monthly rental rate not to exceed $518.45 for a total purchase price of $26,371.00 plus maintenance, installation and interest charges totaling $5,650.89; and 2. That such agreement authorized to be entered into and executed by the County Executive shall otherwise be upon form approved by the County Attorney. On motion of Supervisor Park and adopted by the following recorded vote: NAYS: IN RE: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson None AYES: POSSIBLE PURCHASE OF PROPERTY-NORTH LAKES AREA I Mr. Harold Hoback and a group of North Lakes residents appeared before the Board regarding the County's possible purchase of property situate on the north side of Route 117 (Peters Creek Road), in the vicinity of Northside High School. Mr. Hoback, spokesman for the citizens, advised that they did not oppose purchase of the property, but requested assurance from the Supervisors to provide a buffer zone adjacent to the North Lakes Subdivision and agree that there will be no access to existing roads in the North Lakes Subdivision. Supervisor Myers advised those present that their concerns and desires will be taken into condideration if the County purchases the property. The Supervisors concurred with the citizen requests. IN RE: EXECUTIVE SESSION On motion of Supervisor Park and the following recorded vote, the Board went into Executive Session to discuss personnel, real estate and legal matters. AYES: Mr. Compton, Mr. Myers, Mr. Park, Mr. Terry, Mrs. Johnson NAYS: None At 11:35 p.m., the Supervisors returned to the meeting room, and on motion of Supervisor Terry and unanimous voice vote, the Board reconvened in open session. I IN RE: APPOINTMENT-HIGHWAY SAFETY COMMISSION Chairman Johnson advised that Mr. Frank C. Jones, II, Cave Spring District representative on the Roanoke County Highway Commission has resigned since she has moved to the City and is therefore ineligible to serve on this Commission. Mrs. Johnson then nominated Mrs. Mary Peery to fill Mrs. Jones' unexpired term, which term ends on January 1, 1981. 3-27-79 080 Mrs. Peery was appointed to fill the unexpired term of Mrs. Jones on the Roanoke County Highway Safety Commission by a unanimous voice vote of the Board. IN RE: RESOLUTION NO 2271 AUTHORIZING THE PURCHASE OF A CERTAIN PARCEL OF REAL ESTATE UPON CERTAIN TERMS AND CONDITIONS; AND AUTHORIZING THE COUNTY EXECUTIVE TO DULY AUTHENTICATE SUCH ACCEPTANCE AS MADE AND PROVIDED BY LAW BE IT RESOLVED by the Board of County Supervisors of Roanoke County as follows: 1. That that certain offer of Hugh L. Womack, Jr., and Edith G. Womack, husband and wife, to sell and convey that certain parcel of real estate more particularly described as 27.665 acres situate, lying and being north of State Highway Route 117 (Peters Creek Road) near Northside High School in the County of Roanoke, Virginia, for a consideration not to exceed the sum of $114,600.00, to the Board of Supervisors of Roanoke County be, and it hereby is, accepted, the County Executive to execute, on behalf of the County of Roanoke, such documents embodying the terms and conditions of sale as may be appropriate in form approved by the County Attorney and consistent with the terms of this resolution; and 2. That upon receipt of a duly executed deed from Hugh L. Womack, Jr., and Edith G. Womack, husband and wife, I I conveying the hereinabove-mentioned real estate, certified as to title as made and provided by law, to the Board of Supervisors of Roanoke County, the County Executive is hereby authorized to authenticate the acceptance thereof, as made and provided by Section 15.1-286 of the Code of Virginia, 1950, as amended. On motion of Supervisor Terry and adopted by the following recorded vote: Supervisor Terry moved adoption of the prepared resolution. Supervisor Myers offered a substitute motion that the County offer to purchase the property from the Womacks for a total sum of $105,000.00 The substitute motion was defeated by the following recorded vote: Mr. Myers, Mr. Park Mr. Compton, Mr. Terry, Mrs. Johnson Mr. Terry's motion to adopt the foregoing resolution, was approved by the following recorded vote: AYES: Mr. Compton, Mr. Terry, Mrs. Johnson NAYS: Mr. Myers, Mr. Park Mr. Myers advised that he voted in the negative since he felt the purchase price of the property to be too high. AYES: NAYS: I 3-27-79 08 1 IN RE: ADJOURNMEI~T This concluded the business before the Board at this time, and on the motion of Supervisor Terry and a unanimous voice vote, the meeting was adjourned at 11:45 p.m. I CHAIRMAN I I I -