HomeMy WebLinkAbout1/10/1978 - Regular
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1-10-78
Salem-Roanoke County Civic Center
Salem, Virginia
January 10, 1978
7: 00 P. r~.
The Board of County Supervisors of Roanoke County, Virginia, met this
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day in open session at the Salem-Roanoke County Civic Center in Salem, Virginia.
this being the second Tuesday and the first regular meeting of the month.
MEMBERS PRESENT: Chairman R. Wayne Compton, Vice-Chairman Robert E.
Myers, Supervisors May W. Johnson, Edward C. Park, Jr., and Lawrence E. Terry.
Chairman Compton called the meeting to order at 7:04 p.m. and recognized
Reverend R. H. McAden, Cave Spring Methodist Church, who offered the invocation.
The Pledge of Allegiance to the flag was given in unison.
IN RE:
APPROVAL OF MINUTES
On motion of Supervisor Johnson and the following recorded vote, the
minutes of the special meeting held December 21, 1977, were approved as spread.
NAYS:
None
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AYES:
Mrs. Johnson, Mr. Myers, r1r. Park, r~r. Terry, Mr. Compton
IN RE:
RENEWAL APPLICATION OF DAVID KOLMER MUNCY FOR A SPECIAL
EXCEPTION TO PARK A MOBILE HOME ON A 0.75-ACRE TRACT
LOCATED OFF ROUTE 612, TWO MILES SOUTH OF U. S. ROUTE
11-460 IN THE WABUN AREA
Supervisor Myers moved that the renewal application of David Kolmer
Muncy be approved beginning November 15, 1977, subject to the provisions of the
County Zoning Ordinance pertaining to mobile homes.
The motion was adopted by the following recorded vote:
AYES: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton
NAYS: None
No one spoke in opposition to the Muncy application.
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IN RE:
RENEWAL APPLICATION OF CIARENCE DANIEL BRITT FOR A SPECIAL
EXCEPTION TO PARK A illBILE HO"ME ON A ONE ACRE TRAGI'lOCATED
ON THE NORTIlWEST SIDE OF STATE ROUI'E 622 (BRADSHAW ROAD),
TEN MIlES WEST OFF ROUTE 864
Supervisor Myers moved that the renewal application of Clarence Britt be
approved beginning November 15, 1977, subject to the provisions of the County
Zoning Ordinance pertaining to mobile homes.
The motion was adopted by the follrn-ling recorded vote:
AYES:
Hrs. Johnson, Hr. :Myers, f.tr. Park, Mr. Terry, Mr. Compton
NAYS:
None.
Mr. Britt was present at the hearing. There was no opposition.
IN RE:
RENEt-W... APPLICATION OF ELVA H. GOROON FOR A SPECIAL EXCEPTION
TO PARK A M:>BIlE BO'IfE ON A 1.75 ACRE TRAGI' LOCATED ON THE EAST
SIDE OF STATE ROUTE 66~ (YElIDH MOUNrAIN RQ.t\D), ONE MILE SOUTH
OF THE BLUE RIIhE PARKWAY
Supervisor Park moved that the renewal application of Elva \-1. Gordon be
approved beginning November 27, 1977, subject to the provisions of the County
Zoning Ordinance pertaining to mobile homes.
The motion was adopted by the following recorded vote:
AYES: l1rs. Johnson, T,,,tr. Myers, Mr. Park, Mr. Terry, Mr. Compton
NAYS: None.
11r. Gordon was present at the hearing. There was no opposition.
IN RE:
APPLICATION OF GAY G. MARTIN FOR A SPECIAL EXCEPTION ,'~
TO PARK A illBILE Ha1E ON A 15.28 ACRE TRAGI' lOCATED 'k
ON THE l\7EST SIDE OF STATE ROUTE 690, 0.8 NILE VDUTH ,'( CONTINUED
OF ITS INI'EF.8EGI'rON WIlli ROUTE 221
A public hearing was this date held on the above application for a mobile
home permit. Chairman Compton opened the floor for Dublic corrments and asked
if the applicant, or anyone representing the applicant, was present. There
was no response.
Mr. W. L. Hunt, Jr., adjoining property owner, and Mr. William D. Roe,
Jr., adjoining property owner, spoke in opposition to the request.
Supervisor Terry moved that the public hearing on the application of
Gay G. Martin be continued to the January 24, 1978 Board meeting and that the
applicant be notified of the Board's action, 'Which motion was adopted unani-
mously.
IN RE:
RENEVJAL APPLICATION OF DEMATRICE B. JOURNIETTE FOR A
SPECIAL EXCEPTION TO PARK A 110BILE HrME ON A ONE ACRE
TRACT LOCATED ON THE FAST SIDE OF OLD M)UNTAIN ROAD
(STATE ROUTE 605) 0.2 NILE SOlmI OF CA.lUJJS DRIVE
(STATE ROUTE 616)
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Supervisor Myers tIDved that the renewal application of Danatrice JourniettE
be approved begirming November 25, 1977, subject to the provisions of the County
Zoning Ordinance pertaining to tIDbile homes.
The motion was adopted by the following recorded vote:
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AYES: Mrs. Jomson, Mr. Myers, 11r. Park, Hr. Terry, lli. Conroton
NAYS: None
No one appeared in opposition to the Journiette aoplication.
IN RE:
RENEWAL APPLICATION OF PEGGY MELTON SlDAl'lli FOR A SPECAIL
EXCEPTION TO PARK A MOBILE HCME ON A 9.82 ACRE TRACT LOCATED
ON TIlE NORTH SIDE OF ROUTE 628 (LOCH HAVEN ROAD), 0.8 MILE
FRCM ITS INTERSECTION WIlli ROUTE 117 (PETERS CREEK ROAD) .
Supervisors Hyers lIDved that the renewal aoplication of Peggy Sloane be
approved begirming November 15, 1977, subj ect to the provisions of the County
Zoning Ordinance pertaining to mobile hanes.
The lIDtion was adopted by the following recorded vote:
AYES:
'Mrs. Jomson, Mr. Myers, 'Mr. Park, Hr. Terry, Mr. Camoton
NAYS:
None.
No one spoke in opposition to the Sloane anolication.
IN RE:
PETITION OF JOE C. BROWN AND DENNIS H. CARTER FOR
REZONING FROM RE TO M-l OF 'lWO PARCELS OF lAND CON-
TAINING 0.86 ACRE AND 0.005 ACRE RESPECTIVELY LOCATED
ON TIlE FAST SIDE OF STATE ROUTE 311, 900 FEET IDRlli OF ~k
ITS INTERSECTION WIlli ROUI'E 864 SO THAT AN AUlD1DBILE
REPAIR GARAGE MAY BE OPERATED TIIEREON
,t.
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* FINAL
'k ORDER
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NOW, 'IHEREFORE, be it ordained by the Board of Supervisors of Roanoke
County that the following described parcels of land situate on the east side
of Route 311 in Roanoke County, be, and the same are hereby rezoned from
Residential District RE to Industrial District M-l:
PARCEL NO. 1
BEGINNING at a point on the west side of the old N & W (Catawba Branch)
right of way line, now owned by the Corrm:mwealth of Virginia, 'Which point
of begirming is the southeast corner of that certain tract or parcel of
land conveyed to Carnell Moore by deed recorded in Deed Book 565, page
251, of the Clerk's Office, Circuit Court, County of Roanoke, Virginia;
thence from said point of beginning and along and with the south line of
the said ~ore property S 76 deg. 26' W 22 feet, rrore or less, to a ooint
on the east line of Virginia Route 311; thence along and with the east
line of Virginia Route 311, N 11 deg. 14' W 106.9 feet to a point on
same; thence a new line N 76 deg. 26' E 17 feet, lIDre or less, to a point
on the west side of said old N & W (Catawba Branch) right of way line;
thence along and with the west line of said N & W right of way line, S
14 deg 56' E 107 feet to the point of beginning, and containing 0.005 of
an acre, according to survey and olat made by T. P. Parker, S.C.E., dated
July 2, 1958, and designated as Parcel No. 1 on said olat, a copy of
which is recorded in Deed Book 598 at oage 287 of the aforesaid Clerk 1 s
Office.
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PARCEL NO. II
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BEGINNING at a point on w~e east side of old N & l-J (Catawba Branch)
right of way line, which point of beginning is the southwest corner of
that certain tract or parcel of land conveyed to Carnell Moore by deed
recorded in Deed Book 565 at page 200 of the Clerk's Office of the
Circuit Court of Roanoke Connty, Virginia, which point of beginning is
corner to the E. L. Robinson property, and which point of beginning is
marked by a iron; thence from said point of beginning and along and with
the east line of said N & \>7 (Catawba Branch) right of way line, N 14 degs
56' W 304.5 feet to a point on same; thence a new line N 75 degs. 26' E
167 feet to a point; thence S 4 deg. 07' E 166 feet to a point; thence
S 16 degs. 30' W 162 feet to a point marked by an iron; thence S 77 degs.
48' \iJ 50.6 feet to the point of beginning, and containing 0.86 of an
acre, according to survey and plat made by T. P. Parker, dated July 2,
1958, and recorded in Deed Book 598 at page 287 of the aforesaid Clerk's
Office and designated as Parcel No. 2 on said plat; and
ALSO conveyed herein are certain water rights, the same as conveyed to
Angelo Di Geron:im::> and Betty J. Di Geroni.r!n, husband and wife, by deed
dated September 22, 1964, from Cedil H. Custer and Hyrtle T. Custer,
husband and wife, recorded in Deed Book 752 at page 513 of the records
of the Clerk's Office of the Circui t Co1~Lt of Roanoke COlmty, Virginia.
IT IS FURTHER ORDERED that the Connty Plarmer be, and he is hereby
directed to reflect this change in zoning maps of the Connty.
On m:>tion of Supervisor Myers and adopted by the following recorded vote:
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AYES:
Mrs. Johnson, MY. ~1yers, 1\fr. Park, l1r'. Terry, Mr. Compton
NAYS:
None
Chairman Compton opened the floor for public carrments on the proposed
rezoning. No one appeared in opposition to the request.
IN RE: RESOLUTION NO. 1966 VOIDING M)BILE HOME PERMIT FOR NONCOMPLW\JCE
WITH COUNTY ZONLT\lG ORDINANCE AND AUrnORIZIN-; A REF'lJN[l OF DECAL
FEE PAID TIIEREFOR.
\VHERFAS, certain landowners v7ere granted mobile home permit nunber 75-20
on August 12, 1975 by the Board of Supervisors of Roanoke Cotmty upon the
conditions stated in the Roanoke Cotmty Zoning Ordinance for issuance of said
permi ts; and
WHEREAS, said permit was renewed with the same conditions by the Board
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upon application of said landowners on August 12, 1977; and
\>1HERE.l\S, the Board is advised by the Cotmty Plarmer in report dated
January 10, 1978 that during the initial permit period 1975-77, no m:>bile
home was placed on the property Pursuant to the permit and therefore the
application approved on August 12, 1977 by the Board of Supervisors should
have been considered a new application.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
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COtmty that m:>bile home permit nunber 75-20 be, and the same is hereby declare
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void and of no force and effect for the reasons set forth above.
BE IT FURTHER RESOLVED that the $20.00 decal fee received for this permit
renewal be refunded by the Director of Finance from the Roanoke Cmmty Refl..md
Account to the holders of nobile home permit nunber 75-20 referred to above.
On IIDtion of Supervisor Hyers and adopted by the following recorded vote:
AYES:
Mrs. Jol:mson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Campton
NAYS:
None.
IN RE:
RESOLUTION NO. 1967 AUTHORIZING THE GRANTI~ OF AN EASll1ENT
TO APPAIACHIAN POWER COMPANY
VJHEREAS, the Board of Supervisors of Roanoke County has heretofore awarded
a contract for the installation of night lighting of the existing tennis courts
situate at Garst Mill Park, Roanoke County; and
WHEREAS, Appalachian Power Ccmpany has requested that the Board grant an
easement to said company in order that said light installations may be served;
and
WHEREAS, the Board is of opinion that the easement hereinafter described
should be granted to Appalachian Power COlTJI)any.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County that said Board hereby approves the granting of an electric power line
easement to Appalachian Power Company; said easement extending approximately
361 feet in a southeasterly direction fram the intersection of Halevan Road
and Willowlawn Street and situate in Garst Mill Park, Roanoke County.
BE IT FURTHER RESOLVED that the Chainnan and the Clerk be, and they are
hereby authorized and directed to execute said deed of easement on behalf of
the Board of Supervisors of Roanoke County.
On IIDtion of Supervisor Myers and adopted by the following recorded vote:
AYES:
NAYS:
Mrs. Jol:mson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Camoton
None.
IN RE:
RESOLUTION NO. 1968 APPROVING FINAL SIX-YEAR HIGHWAY PLAN FOR
SECONDARY ROADS IN ROANOKE COUNI'Y.
WHEREAS, the Board of Supervisors of Roanoke County has heretofore held a
joint public hearing on December 13, 1977 at 7:00 p.m. with the Virginia
Department of Highways and Transportation for the purpose of public discussion
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of a proposed six-year highway plan for secondary roads in Roanoke COlIDty;
all pursuant to Section 13.1-70.01 of the Code of Virginia (1950) as amended;
and
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WHEREAS, subsequent to said public discussion said six-year highway plan
was prepared in final faun and in accordance with the State Code provision
ci ted above; and
I'-JHERFAS, the Board is in receipt of both said proposed final highway
plan and a request from the Virginia Department of Highways and Transportation
that said plan be approved by Roanoke County.
NOW, TIlEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
Cotmty that the six-year highway plan for secondary roads in Roanoke Cmmty !
submitted this date to the Board be, and the same is hereby approved as the
final six-year plan for Roanoke r.otmty.
BE IT FURTHER RESOLVED that said plan will be subj ect to periodic review
and update with an annual public hearing for establishing priorities in
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said plan for each subsequent year; all in accordance with Section 33.1-70.01
of the Code of Virginia (1950), as amended.
BE IT FINAI1...Y RESOLVED that a certified copy of this resolution of
approval be transmitted to the Virginia Department of Highways and TransDorta-
tion.
On lIDtion of Supervisor Johnson and adopted by the :J:;ollowing recorded
vote:
AYES:
Mrs. Johnson, Mr. Hyers, Mr. Park, Hr. Terry, ~. Compton
Nt\. YS :
None.
IN RE:
RESOLUTION :NO. 1969 AWA~ING A CONI'RAGr FOR PSYCHOLCX;ICAL TESTIN;
TO BE USED IN THE NEW YOurH AND FAMILY SERVICES BUREAU OF THE
ROAL'DKE COUNI'Y SHERIFF'S DEPAR'll-nIT.
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l-JHERFAS, the Board of Supervisors of Roanoke COtmty has heretofore
authorized the establishment of a Youth and Family Services Bureau in the
Roanoke Cmmty Sheriff's Department; and
WHEREAS, bids were received and opened in the Department of Finance,
Purchasing Division, for the PUrpose of contracting for psychological testing
to select personnel to staff said Bureau; and
WHEREAS, in a report to the Board dated January 10, 1978, the Roanoke
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County Sheriff's Department did recarrrnend, after appraising said bids, that
said contract be awarded to the University of Virginia, Roanoke Center; and
WHEREAS, funds are available for such award in the 1977-78 Roanoke County
Sheriff's Department budget.
NOW, TIIEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
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County that the contract for psychological testing of personnel to staff the
Roanoke County Sheriff's Department Youth and Family Services Bureau be awarded
to the University of Virginia, Roanoke Center, in the bid arrount of $9,200;
with partial reimbursement to the County to follow from State and Federal grant
On rrotion of Supervisor Johnson and adopted by the following recorded vote
AYES:
Mrs. Johnson, Mr. Myers, Mr. Park, ~1r. Terry, Mr. Ccmpton
Ni\YS :
None.
IN RE:
RESOLUTION m. 1970 AUlliORIZIN; TIIE EXECUTION OF A LEASE FOR USE
OF A BUILDIN; FOR COUNlY RECREATION P:RrX;RAl'1S.
WHEREAS, the Board of Supervisors of Roanoke Cmmty has recognized the
and
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need for the provision of recreation programs and facilities in Roanoke Cmmty;
WHEREAS, the Roanoke County Department of Parks and Recreation has nego-
tiated a lease with a Roanoke C01.ll1ty Civic organization for the use of the
facilities of said organization in the Bonsack area of Roanoke County in
conjunction with the recreation prograrrrning of said department; and
WHEREAS, the County Executive and the County Director of Parks and Recrea-
tion have in a report to the Board dated Jarn.Jary 10, 1977 recorrmended that this
lease be entered into by Roanoke County; and
WHEREAS, the Board is of opinion that such a lease would be in the best
interest of the County upon the terms and conditions contained therein.
NOW, THEREFORE, BE IT RESOLVED by the Board of SuPervisors of Roanoke
County that said Board hereby approves the lease agreement negotiated between
Roanoke County and the Bonsack Ruri tan Chili; said lease providing for the use
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of the building of said club during certain hours for a period of one year with
no rental being charged the County, but the responsibility for suPplying fuel
and minor burner service to be that of the County; said lease to contain other
provisions which have been approved by the County Executive and the County
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Attorney.
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BE IT FURTIIER RESOLVED that the Chaiman and the Clerk to the Board be,
and they are hereby authorized and directed to execute said lease on behalf of
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the Board of Supervisors of Roanoke Connty.
On motion of Supervisor Park and adopted by the following recorded vote:
AYES: Mrs. Jomson, M:r. Myers, Mr. Park, Mr. Terry, }fr. Compton
NAYS:
None.
IN RE:
ACCOUNTS PAID
The computer printout of the previous mmth I s expenditures was for infor-
mation of the Supervisors and is on file in the office of the Connty's Direc-
tor of Finance.
IN RE:
RESOLUTION NO. 1971 CONCUR..~IN; IN A REQUEST FR.CM ROA.T\DKE CITY
COUNCIL FOR A REDUCTION IN EXTRATER..RITORIALITY OF THE CITY
SUBDIVISION ORDINA..~CE.
WHERFAS, the Board of Suoervisors of Roanoke County is in receipt of a
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recorrmendation and report from the Roanoke Connty Planning Corrrnission dated
January 10, 1978, in which the Board was advised that by Roanoke City Resolu-
tion No. 23877, adopted October 24, 1977, Roanoke City Conncil did request
the concurrence of Roanoke Connty in said City reducing the extraterritori-
ality of the City Subdivision Ordinance from its present five mile limit as
measured frOI'l the present City bonndaries to follow rrore definable natural
bonndaries contained wholly within said five mile limit as shown on a map
submitted to the Roanoke Connty Planning Commission with said City resolution;
and
i\1HEREAS, by said recorrmendation and report the Board was requested by the
Roanoke Connty Planning Conmission to concur in said reduction of extraterrito-
riality of the Roanoke City Subdivision Ordinance; and
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WHEREAS, the Board is of opinion that such a reduction in said extra-
territorial jurisdiction is in the best interest of Roanoke Connty and the
Roanoke Valley.
NOW, TIIEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
Connty that the Board approves the request of Roanoke City C01.IDcil as expressed
in City Resolution No. 23877, adoDted October 24, 1977, reducing the extra-
territorial jurisdiction of said City Subdivision Ordinance to those limits as
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shown on map dated October 10, 1977, titled City of Roanoke Subdivision Juris-
diction, prepared by Hayes, Seay, Mattern and Mattern of Roanoke.
BE IT FlJRTIIER RESOLVED that a certified coPy of this Board resolution be
transmitted to Roanoke City Council and the Roanoke City Planning Carrrnission.
On lIDtion of Supervisor Myers and the following recorded vote:
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AYES:
Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton
NAYS:
None.
IN RE:
RESOLUTION NO. 1972 REQUESTING ROANOKE CITY mUNCIL FOR OPPORTUNITY
TO REVIEW AND COMMENT ON ROANOKE CITY SUBDIVISION ORDIN.<\NCE AS
APPLIED TO ROAIDKE COUNI'Y AREAS.
WHEREAS, the Board of Supervisors of Roanoke Cotmty is in receipt of a
resolution request from Roanoke City Conncil for a reduction in extra territor-
ial jurisdiction of the Roanoke City Subdivision Ordinance; and
WHEREAS, the Board has been advised in a report and recamnendation from
the Roanoke County Planning Ccmnission that nine years have elapsed since the
Connty was given an opporttmity to formally review said Subdivision Ordinance
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as applied to areas of Roanoke County; and
WHEREAS, the Board is of opinion that such an opporttmity of review would
be in the best interest of both Roanoke City and Roanoke Connty wherein the
Roanoke City Subdivision Ordinance applies to areas of Roanoke Connty.
mw, TIIEREFORE, BE IT RESOLVED by the Board of Supervisors of Roarloke
Connty that Roanoke City Council and Roanoke City Planning Carrrnission be, and
the same are hereby requested to pennit Roanoke Connty to review and carrment
upon the Subdivision Ordinance of said City for the purPose of resolving differ
ences in the standards of the City and Connty Subdi vis ion Ordinance as they
overlap in areas of Roanoke Connty.
BE IT FlJRTIIER RESOLVED that a certified coPy of this resolution request
be transmitted to Roanol:e City Conncil and Roanoke City Planning Carrrnission.
On motion of Supervisor Myers and adopted by the following recorded vote:
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AYES:
NAYS:
Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Como ton
None.
IN RE:
FIFTII PlANNING DISTRICT COMHISSION - CDUNIY REPRESENTATIVE
Chairman Compton advised that it is his nnderstanding that the Fifth
Planning District Carrrnission's by-laws state that Connty representation should
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consist of two members of the governing body and two citizen members.
In accordance with these by-laws, SuPervisor Park (previously designated
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as one of the COtnlty's representatives on the Corrmission) withdrew his desig-
nated representation. This will result in Roanoke COtnlty's representatives on
the Corrmis s ion 's Executive Corrmittee being Chairman Compton and Supervisor
Terry .
NOTE:
Reference the January 24, 1978 minutes wherein pursuant to a letter
received from the Fifth Planning District Corrmission advising that
Roanoke COtnlty is entitled to three (3) elected officials in addi-
tion to the two (2) citizen representatives, Mr. Park was appointed
to fill the tnlexoired tenn of :fonner Swervisor Tompkins on the
Coornission.
IN RE:
RESOLurION ID. 1973 CO~1ENDIN(; ROBERT E. MYERS FOR HIS SERVICE AS
CHAIRMAN OF THE BOAFD OF SUPERVISORS FOR THE 1977 CALENDAR YEAR.
WHEREAS, on January 4, 1977 Robert E. Hyers was elected by the Board of
Supervisors to serve as Chairman of said Board for a tenn on one year, which
tenn was completed on December 31, 1977; and
TtJHEREAS, Hr. :Myers, throughout his tenn as Chairman displayed excellent
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leadership in said capacity in a period of time in which Roanoke COtnlty was
involved in many critical situations affecting the future of the COtnlty and
its citizens; and
WHEREAS, in said capacity as Chairman, Mr. Myers discharged the duties
and responsibilities imoosed upon him with great ability, giving many hours
of his own time in an effort to resolve the problems confronting the COtnlty;
and
WHEREAS, Mr. Myers' dedication to the CmIDty, its citizens, and its
government displayed the highest quality of public service at all times, which
service the Board desires to recognize.
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NOW, THEREFORE, BE IT RESOLVED by the Board of Suuervisors of Roanoke
COtnlty that said Board does hereby recognize Robert E. Myers for his outstand-
ing dedication and service to Roanoke CmIDty as Chairman of the Board of
Supervisors for the 1977 calendar year; and this Board does further congratu-
late Mr. Hyers upon the exemplary marmer in which he accomplished the duties
imposed upon hi.TIl as Chairman of said Board.
On rrotion of Supervisor Jomson and adopted by the following recorded VOtE:
AYES:
NAYS:
'Mrs. Jomson, Hr. Myers, Mr. Park, Mr. Terry, Mr. Compson
None.
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IN RE:
CITIZENS CCM1ITI'EE TO REVIEW JAIL PlANS
Supervisor Park IIDved that the Chairman be authorized to appoint an Ad Hoc
citizens committee to assist the County in reviewing plans for the proposed new
jail, which IIDtion was adopted unanim:msly.
Chairman Compton appointed the following persons including himself and
County Executive William F. Clark to serve on this committee:
Horace G. Fralin; Mason H. Littreal, W. E. GlIDdiff
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IN RE:
EXECUTIVE SESSION
At 7: 50 p.m. Supervisor Myers IIDved that the Board go into Executive
Session to discuss legal and personnel matters, which IIDtion was adopted by
the following recorded vote:
AYES: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton.
:NAYS: None
IN RE:
MICROFIIl1ING - CIRCUIT COURT CLERK'S OFFICE
Following Executive Session, Supervisor Myers asked that the Chairman
recognize the Clerk of Circuit Court, Elizabeth Stokes.
Mrs. Stokes requested the Board to concel its contract, previously approv-
ed for microfilming, stating that the equipment was not required by court order
Mrs. Stokes also cited two attorney general's opinion which state that Consti-
tutional officers have the right to prepare specifications for any equipment
to be used by that office. Mrs. Stokes further advised that at the present
time, she did not wish to purchase any microfilming equipment.
Following general discussion, the foregoing resolutions were rroved and
adopted:
IN RE: RESOLUTION NO. 1974 RESCINDING A PREVIOUS ACTION OF THE OOARD.
WHEREAS, the Board of Supervisors of Roanoke C01IDty has become aware of an
opinion of the Attorney General of Virginia to the effect that the Clerk of the
Circuit Court in Virginia has the right to write his or her awn specifications
for necessary equipment; and
WHEREAS, the previous action taken by the Board in Resolution no. 1917 in
accepting a bid for microfilming equipment for the office of the Clerk of
Circuit Court for the County of Roanoke was based on bid specifications drawn
in a manner inconsistent with the hereinabove described opinion; and
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WHEREAS, the Board has been advised that the Court Order entered by the
Judges of the Roanoke Comty Circuit Court of date July 14, 1977, allows micro
filming of the records of the above said Clerk's office, but does not require
microfilming.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
Comty that Resolution No. 1917 adopted by this Board be, and the same is
hereby rescinded.
BE IT FURTIlER RESOLVED that the contract and purchase order issued
pursuant to said resolution be, and the same is hereby cancelled.
On motion of Supervisor Terry and adopted by the following recorded vote:
AYES:
t1r. Myers, Mr. Park, Mr. Terry
NAYS:
Mrs. Jomson, Hr. Compton
.,bb'~'k
IN RE:
RESOLUTION ro. 1975 UNAPPROPRIATING FUNDS PREVIOUSLY APPROPRIATED
FOR MICROFIlMING EQUIPMENT.
WHEREAS, the Board of Supervisors has heretofore rescinded Resolution
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No. 1917 accepting a bid for microfilming equipment in the office of the
Clerk of the Circuit Court of Roanoke Connty.
row, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
Comty that the fmds for microfilming equipment in Roanoke Comty Fmd
Accomt No. 6-0304A-405 be, and the same is hereby 1.IDappropriated less expen-
ditures made to date for advertising and bid solicitation and other misce11an-
eous expenses.
On motion of Supervisor Park and adopted by the following recorded vote:
AYES:
Mrs. Jomson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton
NAYS:
None
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NOTE: Resolutions 1974 and 1975 have subsequently been ruled null and void
on the basis of the following County Attorney's opinion, dated 1/13/78.
Dear Chairman and MEmbers:
I
I am writing to advise you that I am of opinion that the action taken at
your last regular meeting of January 10, 1978 to cancel a contract for micro-
filming equipment and 1.IDappropriate the ft.mds therefor was an improper action
and thus void and of no effect.
I regret I had advised you otherwise in executive session at that meeting
as to the legality of the above described action and I apologize for any
embarrassment I may have cau..sed the Board.
In regard to the improper action referred to above, I point out that there
is one action pertinent to this situation that can neither be rescinded nor
reconsidered and for which the Rules carmot be susuended without violating a
1-10-78
267
ftmdamental principle of parliamentary law. This action is:
When the case is in the nature of a contract, and the other party has
been informed of the vote. See Roberts Rules of Order Newly Revised,
Sections 25, 34 and 36.
I am of opinion that when the purchase order, executed and mailed on
December 22, 1977, the day after the Board's special meeting which reaffirmed
the bid acceptance for microfilming equipment, was received by the other party,
the hereinabove cited provision of the Rules, from that point, controls any
later action of the Board on this matter.
If you have any further questions, please do not hesitate to call me.
Very truly yours,
/ s/ C. Dean Foster, Jr.
COlIDty Attorney
This concluded the business before the Board at this time and on the
notion of Supervisor Myers and the unan:irrous voice vote of the members, the
meeting was adjourned at 9:00 p.m.
Chainnan
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