3/25/1980 - Regular
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3-25-80
Board of County Supervisors
Salem-Roanoke County Civic Center
Salem, Virginia
March 25, 1980
The Board of County Supervisors of Roanoke County, Virginia, met
this day in open session at the Salem-Roanoke County Civic Center in Salem,
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Virginia, this being the fourth Tuesday and the second regular meeting of the
month of March.
Members present:
Chairman Lawrence E. Terry, Vice-Chairman Edward
C. Park Jr., Supervisors May W. Johnson, Robert E. Myers, and Paul B. Matthews.
Chairman Terry called the meeting to order at 7:05 p.m..
Invocation was offered by Rev. Starke Cauthorn, New Hope Presbyterian
Church, Salem, Virginia, and the pledge of allegiance to the Flag was recited
in unison.
IN RE:
APPROVAL OF MINUTES
On motion of Supervisor Johnson and a unanimous voice vote, the
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minutes for Special meeting March 5, 1980 and Regular meeting March 11, 1980
were approved.
IN RE:
PUBLIC HEARINGS
REQUEST OF WILLIAM D. AND VIOLA W. KEESEE TO REZONE *
FROM B-2 TO RE A PARCEL OF LAND CONTAINING 0.753 *
ACRES LOCATED ON THE NORTHEAST SIDE OF STATE ROUTE * APPROVED
940 APPROXIMATELY 250 FEET FROM IT'S DEAD END AT *
INTERSTATE 81 WEST OF SALEM IN THE CATAWBA DISTRICT. *
Chairman Terry asked if anyone was present to support the request,
Mr. William Keesee acknowledged his presence; no one was present in opposition.
On motion of Supervisor Myers and adopted by the following recorded
AYES:
Supervisors Johnson, Myers, Park, Matthews, and Terry.
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vote.
NAYS:
None
REZONING OF PROPERTY LOCATED ON THE NORTHEAST
SIDE OF STATE ROUTE 940 APPROXIMATELY 250 FEET
FROM IT'S DEAD END AT INTERSTATE 81, WEST OF
SALEM
*
*
* FINAL ORDER
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WHEREAS, after due legal notice, the Board of County Supervisors did
hold a public hearing on said request on March 25, 1980, at the Salem-Roanoke
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County Civic Center, at which time all parties in interest were given an
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opportunity to be heard; and
WHEREAS, after full consideration, the Board of County Supervisors is
of the opinion that the request should be approved.
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NOW, THEREFORE BE IT ORDERED that the aforementioned tract of land,
more particularly described below, be rezoned from Business District,B-2,to
Residential Estates District, RE.
STARTING at a point on the northerly side of Virginia
State Secondary Route No. 940 at the common corner of
the property owned by Loxley C. Logwood and the property
now or formerly owned by James E. Pearman and A. M.
Weikel; thence leaving the northerly side of Virginia
State Secondary Route No. 940 S. 22deg. 45' E. 347.51
feet to an 18 inch pine, the ACTUAL PLACE OF BEGINNING;
thence with a new division line through the property
of Loxley C. Logwood S. 51 deg. 37' E. 269.30 feet to
an iron pin on the east side of Virginia State Secondary
Route No. 940; thence with the east side of Virginia
State Secondary Route No. 940 N. 36 deg. 22' W. 118.00
feet to an iron pin; thence leaving said road N. 52 deg.
27' E. 296.98 feet to an old iron pin; thence S. 22 deg.
45' E. 118.00 feet to the 18" pine, the place of actual
BEGINNING and containing 0.753 acre, as more particularly
shown upon a survey prepared for Loxley C. and Mattie
B. Logwood, by Jack G. Bess, C.L.S., dated October 31,
1979; and
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BEING a portion of the same property conveyed unto
William D. and Viola Keesee by deed of record in the
Clerk's Office, Circuit Court, County of Roanoke, Virginia
in Deed Book 516, page 113.
IN RE:
REQUEST OF BENT MOUNTAIN AMUSEMENT PARK, INC. FOR *
A "USE NOT PROVIDED FOR" PERMIT UNDER SECTION 21-7 *
OF THE ROANOKE COUNTY CODE TO HOLD A STRING BAND *
COMPETITION ON PROPERTY OF PAUL D. HOLLYFIELD * APPROVED
LOCATED ON BENT MOUNTAIN ON THE WEST SIDE OF ROUTE *
221 AND ON THE EAST SIDE OF ROUTE 889 AND CONTAINING *
130.71 ACRES *
Supervisor Johnson stated that there are several conditions to be
included with this request and that the Corporation must abide by these
conditions in order for the request to be granted.
On motion of Supervisor Johnson, the request was approved with all
of the conditions in the final order; adopted by the following recorded vote.
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AYES:
Supervisors Johnson, Myers, Park, Matthews, and Terry.
NAYS:
None
REQUEST OF BENT MOUNTAIN AMUSEMENT PARK, INC. *
FOR A "USE NOT PROVIDED FOR" PERMIT UNDER *
SECTION 21-7 OF THE ROANOKE COUNTY CODE TO *
HOLD A STRING BAND COMPETITION ON PROPERTY OF * FINAL ORDER
PAUL D. HOLLYFIELD LOCATED ON BENT MOUNTAIN *
ON THE WEST SIDE OF ROUTE 221 AND ON THE EAST *
SIDE OF ROUTE 889 AND CONTAINING 130.71 ACRES *
This permit is granted with the following conditions:
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(a) The "Use Not Provided For" granted herein shall remain in
force and effect for one three-day week-end event to be
conducted between May 16, and 18.
(b) On the weekend of the event, the hours of operation will be
from 6:00 to 12:00 Midnight on Friday, 12:00 Noon to 12:00
Midnight on Saturday and from 12:00 Noon to 6:00 p.m. on
Sunday.
(c) That police protection for the events be provided for at the
expense of the petitioners by following the recommendations of
and in close cooperation with the Sheriff of Roanoke County.
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(d) Petitioners will provide one (1) privy for each 100 persons
present at the event, one sewage dump station to serve campers
(trailers), adequate dumpsters and trash containers to contain
trash pending removal and an approved water supply.
(e) The property shall be used in accordance with the plat submitted
by the petitioner.
(f) A woven wire fence at least 54 inches in height with at least
two strands of barbed wire will surround the spectator area
and four gates shall be installed for the entrance.
(g) A sign shall be posted at each entrance gate depicting
restrictions specified by the Sheriff of Roanoke County.
(h) Additional lighting will be added to the spectator area to
insure that the grounds are sufficiently lighted.
(i) White signs with black lettering shall be permanently displayed
on the restrooms to enable spectators to know where they are
located and permanent inside lighting shall be installed in
the same restrooms.
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The Zoning Ordinance and Zoning Map of Roanoke County as they relate
to the premises in question shall and are hereby accordingly amended to reflect
the adoption of this resolution.
On motion of Supervisor Johnson and adopted by the following recorded
vote.
AYES:
Supervisors Johnson, Myers, Park, Matthews, and Terry.
NAYS:
None
IN RE:
PETITIONS AND COMMUNICATIONS
REQUEST OF ELBERT AND HELEN GOODWIN TO ABANDON A
~ORTION OF ROUTE 612
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Chairman Terry asked if anyone was present to support this
request; Mr. and Mrs. Elbert Goodwin acknowledged their presence. No one was
present in opposition.
Chairman Terry asked County Engineer, Gene Robertson, his
opinion regarding this request. He stated that the road was a good fire trail
and the County should not close the road.
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Mrs. Goodwin stated to the Board that land was being used as a
dump and that dead animals had been dumped on the site. She also stated that sh
had talked with Mr. Altizer of the Highway Department and he had told her the
road has been abandoned by the Highway Department as far as maintenance. It
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has not been maintained for the past twenty years, according to Mrs. Goodwin.
Mr. Stanley, another property owner in the area, came forward to
state that he agreed with Mrs. Goodwin and that a dump was being used on the
property and it was his desire to also have the road closed.
Supervisor Myers advised that he rode over this road and found it
to be passable although not in good condition. He suggested a public hearing
be held to give others an opportunity to be heard.
James Buchholtz, County Attorney, advised the Board of the legal
procedure to be followed for public hearing.
Supervisor Myers moved that a public hearing be held on the request,
which was adopted by unanimous voice vote.
IN RE:
LETTER OF REQUEST FROM ROANOKE VALLEY ARTIFICAL
KIDNEY CENTER TO EXTEND MASS TRANSIT SERVICE ON
BRAMBLETON AVENUE.
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Letter of request was received by the Board and filed with
the minutes of this meeting.
IN RE:
REQUEST OF CAVE SPRING HIGH SCHOOL BAND BOOSTERS CLUB*
FOR A RAFFLE PERMIT * APPROVED
No one was present in support or opposition of this request.
Supervisor Johnson moved that the request be approved which was
adopted by unanimous voice vote.
IN RE:
REPORTS AND REQUESTS OF DEPARTMENTS, OFFICERS AND COMMITTEES
COUNTY ADMINISTRATOR
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REPORT--TWENTIETH DECENNIAL CENSUS
County Administrator, William F. Clark, presented a proclamation
and report to the Board declaring April 1, 1980 as Census Day in Roanoke County.
He suggested this be declared in order to give more seriousness to the census
since so much of the federal and state aid depends upon the population of the
County.
On motion of Supervisor Johnson and the following recorded vote, the
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proclamation was adopted.
AYES:
Supervisors Johnson, Myers, Park, Matthews, and Terry.
NAYS:
None
REPORT--DEPARTMENTAL ACTIVITIES REPORT
Submitted to the Board for their information only; received and
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filed with the minutes of this meeting.
REPORT--FACILITY AGREEMENT BETWEEN THE BON SACK RURITAN CLUB
AND THE COUNTY OF ROANOKE
Mr. Clark explained that an agreement made on April 21, 1978 allows
the Parks and Recreation Department to use the Ruritan Club building for one
year periods, renewable each year.
The renewal was approved on motion of Supervisor Park and a unanimous
voice vote.
REPORT--ADDITIONS AND ALTERATIONS TO CAVE SPRING FIRE STATION
Administrator Clark reminded the Board of the planned addition to the
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fire station in order to accomodate new fire equipment on order, including an
aerial ladder truck. He stated that a committee recommends Eldon L. Karr,
Architect, to design the additions and alterations and submitted a resolution
authorizing same.
After some discussion regarding the upcoming bond issue to pay for
such additions and alterations, Supervisor Johnson moved that the resolution
be approved, which motion was adopted by the following recorded vote.
RESOLUTION NO. 2529 AUTHORIZING THE COUNTY ADMINISTRATOR
TO ENTER INTO A CERTAIN ARCHITECTURAL AGREEMENT TO PROVIDE
THE DESIGN NECESSARY FOR EXPANSION OF THE CAVE SPRING FIRE
STATION UPON CERTAIN TERMS AND CONDITIONS.
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
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as follows:
1. That the County of Roanoke having heretofore received certain proposals
for architectural services relating to the design of the expansion of the Cave
Spring Fire Station does hereby accept the proposal of Eldon L. Karr upon all
and singular the terms, conditions and provisions of said proposal the County's
specifications for such expansion and the provisions of this resolution; and
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2. That the County Administrator be and he hereby is authorized and
directed to enter into a certain agreement with Eldon L. Karr for such
aforesaid architectural services the same to contain provision that such
service shall be provided at a cost not to exceed 7.3 per cent of the actual
cost of construction of such expansion, and to othewise be upon such form as
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is approved by the County Attorney.
On motion of Supervisor Johnson and adopted by the following recorded
vote.
AYES:
Supervisors Johnson, Myers, Park, Matthews, and Terry.
NAYS:
None
IN RE:
EXECUTIVE SESSION
Administrator Clark requested an Executive Session later in the
meeting to discuss legal matters.
IN RE:
COUNTY ATTORNEY
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James Buchholtz, County Attorney, requested an Executive Session later
in the meeting to discuss legal matters and potential litigation.
IN RE:
DIRECTOR OF FINANCE
The Director of Finance, John Chambliss, submitted a report on the
County's current financial status to the Board for information only. Report
received and filed with the minutes of this meeting.
IN RE:
TREASURER
The Treasurer, Alfred Anderson, submitted a report on revenues and
expenditures during February to the Board for information only. Report received
and filed with the minutes of this meeting.
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IN RE:
BID COMMITTEE
REPORT--SOLE SOURCE PURCHASE OF VEHICULAR REPEATER SYSTEMS
Mike Turner, Purchasing Supervisor, submitted a report which states
that Captain Michael Kavanaugh, Police Department, requested purchase of six
reconditioned vehicular systems to be used by the Youth and Family Service
Officers.
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RESOLUTION NO. 2530
ACCEPTING A CERTAIN PROPOSAL
MADE TO THE COUNTY OF ROANOKE FOR PURCHASING SIX
RECONDITIONED VEHICULAR SYSTEMS UPON CERTAIN TERMS
AND CONDITIONS AND AUTHORIZING AND DIRECTING THE
COUNTY ADMINISTRATOR TO ENTER INTO A CONTRACT WITH
THE SUCCESSFUL BIDDER.
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
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as follows:
1. That that certain proposal of Harris Corporation of Rochester,
New York, to sell to Roanoke County six reconditioned vehicular repeater
systems at the total price of $4,140.00, upon all and singular the terms
and conditions of the proposal, the specifications of the County of Roanoke
and the provisions of this resolution be, and the same is hereby, ACCEPTED; and
2. That the County Administrator be, and he is hereby authorized and
directed to enter into contract with Harris Corporation of Rochester, New
York for said reconditioned vehicular repeater systems.
On motion of Supervisor Matthews and adopted by the following recorded vote.
AYES:
Supervisors Johnson, Myers, Park, Matthews, and Terry.
NAYS:
None
REPORT--BID--DISABILITY INSURANCE FOR VOLUNTEERS
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Mr. Turner submitted a report of bids received for disability
insurance for volunteer firefighters and rescue squad members.
RESOLUTION NO. 2531 AUTHORIZING AND DIRECTING THE
ACCEPTANCE OF A CERTAIN BID FOR DISABILITY INSURANCE
FOR VOLUNTEER FIREFIGHTERS UPON CERTAIN TERMS AND
CONDITIONS.
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the County of Roanoke having heretofore requested that
certain bids for disability insurance for volunteer firefighters of
Roanoke County be solicited, the bid of Selected Risk Insurance Company
of Bramshville, New Jersey, made to the County of Roanoke be and it
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hereby is accepted upon all and singular the terms, conditions and
provisions of the County's specifications, the bid proposal and this
resolution; and
2. That the County Administrator be and he hereby is authorized
and directed to notify the bidders of the action herein taken and to
express the County's appreciation for the submission of such bids; and
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3. That the premium required to be paid for said disability
insurance shall be paid from the account heretofore appropriated for
the benefit of volunteer firefighters and companies in Roanoke County.
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On motion of Supervisor Myers and adopted by the following recorded vote.
AYES: Supervisors Johnson, Myers, Park, Matthews, and Terry.
NAYS:
None
IN RE:
SHERIFF'S DEPARMTNET
Sheriff O. S. Foster, requested the Board to grant permission to
employ a Correction Officer effective April 1, 1980, rather than July 1, 1980,
in order to help with the workload at the jail in anticipation of the move
to the new jail.
On motion of Supervisor Myers and approved by the following recorded
vote.
AYES:
Supervisors Johnson, Myers, Park, Matthews, and Terry.
NAYS:
None
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IN RE:
REGISTRAR
Leonard M. Pick, Secretary of Roanoke County Electoral Board, came
forward to present three requests to the Board:
Request of approval for maintenance and service contract for the
voting machines; contract filed with the minutes of this meeting.
RESOLUTION NO. 2532 AUTHORIZING THE COUNTY ADMINISTRATOR
ON BEHALF OF ROANOKE COUNTY TO ENTER INTO A CERTAIN CONTRACT
FOR CERTAIN MAINTENANCE AND SERVICE OF THE COUNTY'S VOTING
MACHINES.
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the County Administrator be, and he hereby is authorized
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and directed to enter into a certain contract with Virginia Election Services,
Inc. for the maintenance and service of the County's voting machines; upon
the terms and conditions set out in a certain proposed contract submitted
by Virginia Election Services, Inc. bearing date of July 10, 1980, copy of
which is on file in the office of the Clerk; and
2. That such agreement shall be effective from July 1, 1980 to
June 30, 1981 and shall be upon such form as is approved by the County
Attorney.
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On motion of Supervisor Johnson the resolution was adopted by the
following recorded vote.
AYES:
Supervisors Johnson, Myers, Park, Matthews, and Terry.
NAYS:
None
RESOLUTION NO. 2533 AUTHORIZING THE PURCHASE OF
FOUR VOTING MACHINES UPON CERTAIN TERMS AND CONDITIONS.
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REQUEST TO PURCHASE FOUR RECONDITIONED VOTING MACHINES
BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows:
1. That the County Administrator be, and he hereby is authorized and
directed to enter into a contract with Virginia Election Services, Inc. of
Richmond, Virginia, to purchase four reconditioned voting machines at a total
purchase price not to exceed $7,460.00; and
2. That said purchase agreement shall contain provision that the said
four reconditioned voting machines shall be warranted for a period of five
years from and after the date of delivery thereof to the County of Roanoke; and
3. That such agreement shall otherwise be on form approved by the
County Attorney.
On motion of Supervior Johnson resolution was adopted by the following
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recorded vote.
AYES:
Supervisors Johnson, Myers, Park, Matthews, and Terry.
NAYS:
None
NO. 2534
APPROPRIATION RESOLUTION FOR VOTING MACHINES
DESCRIPTION
Class Expenditures
Fund: General Operating
Department: Elections
Object: Purchase of Voting Machines
ACCOUNT NUMBER
INCREASE
(DECREASE)
60313A-406
$7,460
Department:
Object:
Contingent Balance
Unapproprited Balance
60399A-999
(7,460)
On motion of Supervisor Johnson and adopted by the following recorded vote.
AYES:
Supervisors Johnson, Myers, Park, Matthews, and Terry.
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NAYS:
None
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REQUEST FOR FUNDS TO OPERATE
ELECTION
APPROPRIATION RESOLUTION NO. 2535
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Class:
Fund:
Department:
Object:
Expenditures
General Operating
Elections
Salaries
Advertising
Rent of Bldgs. as Voting Places
Maintenance-Voting Machines
Rent of Trucks
Telephone and Postage
Election Forms
60313A-100
60313A-200
60313A-214
60313A-215A
60313A-2l7A
60313A-2l8
603l3A-3l7
$ 7,890
192
60
1,000
400
500
700
Department:
Object:
Contingent Balance
Unappropriated Balance
60399A-999
($10,745)
On motion of Supervisor Park and adopted by the following recorded vote.
AYES:
Supervisors Johnson, Myers, Park, Matthews, and Terry.
NAYS:
None
IN RE:
PUBLIC SERVICE AUTHORITY
w. L. Rossie Jr., Director, Public Service Authority, explained
to the Board a need for adjustment to the water budget for fiscal year 1979/80
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due to acquisition of formerly privately-owned systems and the agreement with th
City of Roanoke.
On motion of Supervisor Park and adopted by the following recorded vote.
AYES:
Supervisors Johnson, Myers, Park, Matthews, and Terry.
NAYS:
None
Mr. Rossie also asked the Board to approve the purchase of new pipe
and materials needed in the Starmount Section of the County. A resolution will
be presented at the next Board meeting.
On motion of Supervisor Johnson and adopted by the following recorded
vote.
AYES:
Supervisors Johnson, Myers, Park, Matthews, and Terry.
NAYS:
None
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IN RE:
SCHOOL BOARD
REQUEST FOR ADDITIONAL FUNDS
Due to no representation of the School Board at the meeting, on
motion of Supervisor Myers and a unanimous voice vote, this request was held
over until the next Board meeting.
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IN RE:
APPOINTMENTS
COURT SERVICE UNIT MEMBERS
Mrs. June Bessel, 5422 Cooper Street, N. E., Roanoke, Va., on
motion of Supervisor Matthews and a unanimous voice vote, was
reappointed for a two-year term beginning March 22, 1980.
Dr. Herbert Keaton, 1009 Jeanette Avenue, Vinton, Virginia, on
motion of Supervisor Park and a unanimous voice vote, was
reappointed for a two-year term beginning March 22, 1980.
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Ralph C. Schofield, 2119 Electric Road, Roanoke, Virginia, on
motion of Supervisor Johnson and a unanimous voice vote, was
reappointed for a two-year terms beginning March 22, 1980.
Mr. Gerald Curtis, 2826 Embassy Drive, N. W., Roanoke, Virginia,
on motion of Supervisor Myers and a unanimous voice vote, was
appointed for a two-year term beginning March 22, 1980.
IN RE:
UNFINISHED BUSINESS
REQUEST OF JACK LOEB TO WAIVE WATER ORDINANCE FOR *
CARRIAGE HILLS SUBDIVISION IN ORDER TO CONSTRUCT * DENIED
WATER SYSTEM USING PLASTIC PIPE *
Chairman Terry asked Mr. Loeb to come forward. Mr. Loeb stated his
request to install a water system in the new development of Carriage Hills
Subdivision using plastic pipe throughout. This proposed system would comply
solely with the State Health Department regulations and not by the County
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ordinance, therefore, he requested the County to waive water ordinance for
that section.
W. L. Rossie Jr., Director, Public Service Authority, was asked his
opinion on installation of the plastic pipe Mr. Loeb proposes to use. He
stated that that particular pipe was inferior in quality and that problems
would arise from use of such pip~, since some counties had used this piping
and problems did result from the use of such pipe.
Burton Albert, Esquire, spoke in favor of Mr. Loeb using the pipe
as proposed, since special exceptions are granted to various citizens for
this and other purposes.
After much discussion Supervisor Myers moved that the request be
denied, which was adopted by the following recorded vote.
AYES:
Supervisors Johnson, Myers, and Terry.
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NAYS:
Supervisors Park and Matthews
At this point County Attorney, James Buchholtz, stated that a parade
permit had been signed by Sheriff Foster authorizing the Virginia Highway
Users Association to conduct a parade on May 2, 1980 at 6:30 p.m. using Kimball
Avenue, Whiteside, Plantation Road, Williamson Road, Peters Creek Road to
Salem Civic Center, and that said permit is submitted to the Board for infor-
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mation only, and filed with the minutes of this meeting.
IN RE:
RESOLUTION NO. 2536 MEMORIALIZING THE CONGRESS OF
THE UNITED STATES TO ENACT LEGISLATION THAT A PORTION
OF THE WINDFALL PROFITS TAX BE PAID OVER TO THE SEVERAL
STATES AND DESIGNATED FOR HIGHWAY CONSTRUCTION AND
MAINTENANCE.
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BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the Congress of the United States be and it hereby is memorialized
to enact legislation, in view of the shortfall of funds on both the state and
local level for highway construction and maintenance, directing that a portion
of the windfall profits tax received for use of the Federal government be paid
over to the several states and designated for highway construction and mainten-
ance within the several states; and
2. That an attested copy of this resolution be forthwith forwarded to the
two United States Senators from Virginia and to each of the several members of
the United States House of Representatives from Virginia.
On motion of Supervisor Park and adopted by the following recorded vote.
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AYES:
Supervisors Johnson, Myers, Park, Matthews, and Terry.
NAYS:
None
IN RE:
PROCLAMATION
Chairman Terry read aloud a proclamation designating May 5, 1980
as SENIOR CITIZEN'S DAY in Roanoke County recognizing their signification and
substantial contributions to the growth and progress of the community.
IN RE:
EXECUTIVE SESSION
On motion of Supervisor Johnson and a unanimous voice vote, the
Board went into Executive Session at 8:15 p.m.
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IN RE:
RECONVENEMENT
At 9:20 p.m. the Board reconvened on motion of Supervisor Myers and
a unanimous voice vote.
IN RE:
Supervisor Myers moved that an additional employee be authorized
for the office of Commissioner of Revenue.
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Approved by the following recorded vote.
AYES:
Supervisors Johnson, Myers, Park, Matthews and Terry.
NAYS:
None
IN RE:
ADJOURNMENT
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On motion of Supervisor Myers and a unanimous voice vote, the meeting
was adjourned at 9;23 p.m.
O\O<<~ t:d?/
CHAIRMAN
fIlJ,i
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