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HomeMy WebLinkAbout4/25/1978 - Regular 4-25-78 - - - -- Salem-Roanoke County Civic Center Salem, Virginia April 25, 1978 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. Members Present: Chairman R. Wayne Compton, Vice-Chairman Robert E. Myers, and Supervisors May W. Johnson, Edward C. Park, Jr., and Lawrence E. Terry. Chairman Compton called the meeting to order at 7:05 p.m. and recog- nized Reverend R. W. Digges, Central United Methodist Church of Salem, who offered the invocation. The Pledge of Allegiance to the flag was given in unison. IN RE: APPROVAL OF MINUTES On motion of Supervisor Terry and the unanimous voice vote of the members, the minutes of the regular meeting of March 28, 1978, and the regular meeting of April 11, 1978, were approved as submitted. Chairman Compton advised that Vice-Chairman Myers will have to temporarily leave the meeting to appear on a local public affairs television broadcast. IN RE: APPLICATION OF HARRIET PREECE FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME TO BE OCCUPIED BY ALETHE PREECE ONA 19.5-ACRE TRACT LOCATED ON THE SOUTH SIDE OF STATE ROUTE 1404, APPROXIMATELY 2.5 MILES FROM ITS INTERSECTION WITH STATE ROUTE 863 ADJACENT TO THE LOCH HAVEN COUNTRY CLUB TENNIS COURTS Chairman Compton advised that the public hearing on Mrs. Preece's application for a mobile home permit had been continued from March 28 due to certain area opposition and the fact that Mrs. Preece was not present at the meeting. Mr. Alton B. Prillaman, Attorney, was present on behalf of Mrs. Preec . Mrs. Preece was also in attendance. At this point, Chairman Compton asked if there was any opposition present. Mr. Edward A. Natt, Attorney, was present on behalf of the oppositio . Mr. Prillaman advised that the mobile home in question has been on the property for approximately five years and also reminded the Supervisors that the Board 0 -- ... I I I 4-25-78 .' Zoning Appeals had granted the necessary variance. Mr. Prillaman further advised that Mrs. Preece runs the Loch Haven Country Club and submitted photos of the property and the mobile home, stating that the mobile home is just barely visible from the highway. Mrs. Johnson asked if Mrs. Preece had permission to place the I mobile home on the property and was advised by Mr. Prillaman that no actual permit was issued, but apparently Mr. Paul Matthews, former County Executive Officer, permitted Mrs. Preece to place the mobile home on the property in question. Mr. Edward A. Natt stated that his clients were under the impression that the trailer is going to be rented, which is in direct conflict with the County's mobile home ordinance, unless there is a hardship. Mr. Natt further stated that in his opinion there is no demonstration of a hardship in this particular instance. In conclusion, Mr. Natt requested the Supervisors to deny the permit on the basis that no hardship is shown, or if granted, limit occupancy of the mobile home to Mrs. Preece's daughter. This concluded the public hearing and Supervisor Myers moved that the application of Mrs. Preece be granted subject to the provisions of the County's I zoning ordinance as it pertains to mobile homes, which motion was adopted by the following recorded vote: AYES: NAYS: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton None IN RE: APPLICATION OF PAUL WHITTLE FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A l-ACRE TRACT LOCATED ON THE WEST SIDE OF STATE ROUTE 688, ADJACENT TO THE BLUE RIDGE PARK- WAY, 0.75 MILE SOUTH OF STATE ROUTE 221 Mrs. Whittle was present at the public hearing. No one spoke in opposition to the request. Supervisor Johnson moved that the renewal application of Paul Whittle be approved effective December 23, 1977, subject to the provisions of the County Zoning Ordinance pertaining to mobile homes, which motion was adopted unanimously. I At approximately 7:40 p.m., Vice-Chairman ~~ers left the meeting because of a previous commitment to appear on a local public affairs television broadcast. 4-25-78 IN RE: RENEWAL APPLICATION OF M. H. PAYNE FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 64-ACRE TRACT LOCATED AT THE END OF STATE ROUTE 667, 0.84 r1ILE SOUTH OF STATE ROUTE 666 (BANDY ROAD) Mr. Payne was present at the hearing. No one spoke in opposition. Supervisor Park moved that the renewal application of M. H. Payne be approved effective February 24, 1978, subject to the provisions of the County I Zoning Ordinance pertaining to mobile homes, which motion was adopted by the unanimous voice vote of the members present. IN RE: RENEWAL APPLICATION OF GILMAN T. SAUL FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 1.22-ACRE TRACT LOCATED ON THE WEST SIDE OF ROUTE 694 (TWELVE O'CLOCK KNOB ROAD), 1.5 MILE NORTH OF ITS INTERSECTION WITH ROUTE 746 Mrs. Saul was present at the hearing. No one appeared in opposition. Supervisor Johnson moved that the renewal application of Gilman T. Saul be approved effective April 27, 1978, subject to the provisions of the County Zoning Ordinance pertaining to mobile homes, which motion was adopted by the unanimous voice vote of the members present. IN RE: RENEWAL APPLICATION OF RALPH G. DARLING FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 1.2-ACRE TRACT LOCATED ON THE WEST SIDE AT THE END OF STATE MAINTENANCE OF STATE ROUTE 913 I Mr. Darling was present at the hearing. No one appeared in opposition. Supervisor Park moved that the renewal application of Ralph G. Darling be approved effective April 13, 1978, subject to the provisions of the County Zoning Ordinance pertaining to mobile homes, which motion was adopted by the unanimous voice vote of the members present. IN RE: RENEWAL APPLICATION OF ELIZA W. ROBERTSON FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME TO BE OCCUPIED BY LAURA HOLT ON A 0.46-ACRE TRACT LOCATED ON THE EAST SIDE OF ROUTE 913, 0.37 MILE NORTH OF ROUTE 694 (TEXAS HOLLOW ROAD) Ms. Holt was present at the hearing. No one appeared in opposition. Supervisor Terry moved that the renewal application of Eliza W. Robertso I be approved effective December 3, 1977, subject to the provisions of the County Zoning Ordinance pertaining to mobile homes, which motion was adopted by the unanimous voice vote of the members present. 4-25-78 338 IN RE: RENEWAL APPLICATION OF EVELYN J. DEHART FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A I-ACRE TRACT LOCATED ON THE NORTH SIDE OF STATE ROUTE 777, 0.2 MILE WEST OF STATE ROUTE 680 Ms. DeHart was present at the hearing. No one spoKe in opposition. I Supervisor Johnson moved that the renewal application of Evelyn J. DeHart be approved effective February 24, 1978, subject to the provisions of the County Zoning Ordinance pertaining to mobile homes, which motion was adopted by the unanimous voice vote of the members present. IN RE: RENEWAL APPLICATION OF JO ANN R. STOUT FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 2.45-ACRE TRACT LOCATED ON THE NORTH SIDE OF STATE ROUTE 701, 0.6 MILE NORTH OF ITS INTERSECTION WITH STATE ROUTE 704 IN THE TROUT CREEK AREA Mrs. Stout was present at the hearing. No one appeared in opposition. Supervisor Terry moved that the renewal application of Jo Ann R. Stout be approved effective May 25, 1978, subject to the provisions of the County Zoning Ordinance pertaining to mobile homes, which motion was adopted I by the unanimous voice vote of the members present. IN RE: PETITION OF LEROY G. AND ANN W. LOCHNER AND LESTER T. AND WANDA G. LINEBERRY FOR CLOSING AND VACATING A SECTION OF LAWYER DRIVE AS SHOWN ON THE MAP OF BARRISTER ESTATES SUBDIVISION (RECORDED IN PLAT BOOK 9, PAGE 12) The request of Lochner and Lineberry was presented to the Supervisor by the petitioner, LeRoy Lochner. Chairman Compton opened the floor for public comments. In response to a question raised by Supervisor Terry, County Engineer Guepe advised that in his opinion, the closing of this portion of Lawyer Drive would not be detrimental to area property owners. No one .\, ,~, h appeared in opposition to the proposed vacation. I VACATION OF A PORTION OF LAWYER DRIVE AS SHOWN ) ON THE PLAT OF BARRISTER ESTATES ) FINAL ORDER At a meeting of the Board of Supervisors of Roanoke County, held on the 25th day of April, 1978. WHEREAS, this Board, after giving careful consideration to said petition and to said recommendation, and after hearing evidence touching on the merits of said proposed vacation of that certain portion of Lawyer Drive as shown on the plat of Barrister Estates, being the opinion that said 4-25-78 839 . street portion should be vacated: BEGINNING at the east corner of Lot SA, common point of Lots 4 and SA, then following westward along the front of Lots SA and 6A of Lawyer Drive to intersection with Barrister Drive (an unbuilt "paper street") being a distance of 298.61 feet. NOW, THEREFORE, BE IT RESOLVED AND ORDERED that at this meeting of th~ Board of Supervisors of Roanoke County, Virginia, held on the 25th day of April, 1978, that portion of Lawyer Drive previously described as shown on the plat of Barrister Estates dated August 30, 1974, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 9, Page 12, be vacated, discontinued and closed: The force and effect of the recorda~ion of the plah of Barrister Estates is hereby destroyed as to the above stated street portion hereby vacated, and the fee simple title to the vacated street is vested in the owners of the abutting lots free and clear of any rights of the public or other owners of lots shown on the plat, but subject to the right of the owners of any public utility installations which have been previously rerected therein and be it further ORDERED that an attested copy of this Order be placed of record in th current deed book of the Clerk's Office of the Circuit Court for the County of Roanoke at the cost of the Petitioners indexing the same on the General Index in the name of the County of Roanoke, as grantor, and the Petitioners, as grantee, and be it further ORDERED that the Clerk is directed to comply with the provisions of Section 15.1-485 of the Code of Virginia of 1950, as amended, and write in plain, legible letters across that portion of the plat of Barrister Estates affected the word "VACATED", and also make a reference on the plat to the volume and page in which this instrument of vacation is recorded. 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 the Petitioners. On motion of Supervisor Terry and the following recorded vote, the Final Order was adopted. AYES: Mrs. Johnson, Mr. Park, Mr. Terry, Mr. Compton NAYS: None TEMPORARILY ABSENT: Mr. Myers . I I I I I I 4-25-78 340 IN RE: PETITION OF A. T. WILLIAMS OIL COMPANY, INC. FOR REZONING FROM B-2 TO B-3 OF PART OF LOTS 7, 8, AND 9, SECTION 2 OF RICHARD HEIGHTS SUBDIVISION (PLAT BOOK 1, PAGE 328) AND CONTAINING 0.452 ACRE LOCATED AT 3144 BRAMBLETON AVENUE IN THE CAVE SPRING DISTRICT SO THAT A SERVICE STATION FOR THE RETAIL SALE OF PETROLEUM PRODUCTS (NO REPAIR WORK SHOULD BE DONE) MAY BE CONSTRUCTED AND OPERATED THEREON * * * * DENIED * * * * Chairman Compton opened the floor for public comments on the above request for rezoning. Mr. Charles H. Osterhoudt, Attorney, appeared on behalf of the petitioners. Approximately 20 persons were present in opposition. Mr. Osterhoudt advised that the matter was before the Board twice in 1977 and is back before the Board again pursuant to an order of the Circuit Court of Roanoke County. Mr. Osterhoudt advised that A. T. Williams Oil Company is an independent gasoline retailer operating in the State of Virginia and North Carolina and they presently have two retail operations in the valley. Mr. Osterhoudt advised that the property in question is presently zoned Business B-2 and is located in an area generally zoned for commercial use. He then submitted a map of the area enumerating the various zoning classifications along Brambleton Avenue. Mr. Osterhoudt noted that the request had been before the County Planning Commission on two separate occasions and received a favorable recommendation. Mr. Osterhoudt explained that two pump islands are proposed and the hours of operation would be approximately from 6:00 a. m. to 11:00 p.m. with one or two attendants on duty and stated that the site plan meets all County requirements. Mr. Osterhoudt further advised that the plan has been reviewed by the Highway Department and the petitioner may have to install a drainage culvert under Brambleton. As to the questions of this type of business being a fire hazard, Mr. Osterhoudt advised that this type of business is no more hazardous than many other businesses. Mr. Osterhoudt then filed with the Board a transcript of a portion of the proceedings and evidence presented to the Circuit Court in March, 1978. Mr. Barry Lichenstein, Attorney, representing the opposition, state that this proposed use is a threat to the safety, welfare and general well being of the County and its citizens. Mr. Lichenstein stated that the rezonin is not proper because a pumper station, not a service station is proposed--and a pumper station is not as safe as a service station. He also noted the drainage problem where gasoline and water will mix, again stating the safety problem and citing the narrow road and constant traffic congestion. 4-25-78 8"4'1 ~,~. 1 -. . , , . . The following persons spoke in opposition to the proposed rezoning citing the heavily traveled road, the narrowness of the road, drainage problems fire safety hazards, and the over-commercialization of Brambleton Avenue: Mr. H. L. McPhearson, 3561 Forrester Road, reiterated the traffic problems stating that he felt that there should be only so many gasoline stations within I a confined area; Mr. Al Thomason, 3073 Timberlane Avenue, asked the Supervisors to consider the safety of the persons living in the area, noting that there is no traffic control within one mile either way of the property in question; Mr. Fred Childress, resident of Brandywine Avenue, also cited the traffic problem along Brambleton; Mr. Gary Denton, Attorney and General Counsel for the Virginia Gasoline Retailers Association, cited the traffic congestion and the improper use of the land in that the size of the lot is too small. Mr. Denton stated that any service station should be located on a corner lot not in the middle of a block, as this one would be; Mr. Ron Keith Atkins, 3057 Timberlane, noted that the lot size is poor and the location is poor; Mr. Posey G. Oyler reminded the Supervisors that they previously voted to deny the rezoning and I asked them to stand on that decision. In rebuttal, Mr. Osterhoudt advised that the County Planner gave favorable comment on the B-3 use of the land, that the drainage situation was fully presented to the Court and that the petitioners will abide by State Highway Department requirements, and as to the questions of fire and safety-- they also were covered in Court. In conclusion, Mr. Osterhoudt said that this is a direct confrontation between the Court and the governing body and asked the Supervisors to see the merit of the petition and grant the rezoning. A more complete record of public comments is filed with the minutes of this meetir This concluded the public hearing and Supervisor Johnson moved the petition of A. T. Williams Oil Company, Inc. be denied on the grounds of the L l threat to the safety and general welfare of the people living in the area, the her opinion, the improper size of the lot. I blight on conditions of the area, the narrowness of Brambleton Avenue, and in The motion was adopted by the following recorded vote: AYES: Mrs. Johnson, Mr. Park, Mr. Terry, Mr. Compton NAYS: None TEMPORARILY ABSENT: Mr. Myers After the vote, Mrs. Johnson advised that each of the Board members had viewed the site and came to thel'r 1 own cone usion. 4-25-78 342 IN RE: REQUEST OF BOARD OF COUNTY SUPERVISORS OF ROANOKE COUNTY ON BEHALF OF THE MOUNT PLEASANT RECREATION CLUB FOR A CONDITIONAL USE PERMIT TO OPERATE A LANDFILL OF CONSTRUCTION WASTE MATERIALS (NO GARBAGE) ON A TRACT OF LAND CONTAINING 9.13 ACRES, ADJACENT TO THE MOUNT PLEASANT ELEMENTARY SCHOOL AND LOCATED ON THE SOUTH SIDE OF STATE ROUTE 617 (PITZER ROAD), 1,000 FEET EAST OF STATE ROUTE 886 (MOUNT PLEASANT BOULEVARD) IN THE VINTON DISTRICT FOR THE PURPOSE OF LEVELING AN AREA ON WHICH TO DEVELOP A BALLFIELD; UPON CERTAIN TERMS AND CONDITIONS I Chairman Compton opened the floor for public comments. Mr. Torn Jennings, President, Mount Pleasant Recreation Club, was present and stated that the purpose of filling the area in question is to provide a ballfield for children in the area. Mr. Darnell Shell, Director of Parks and Recreation for the County, advised that the property contains about 10 acres and used to be a lake, is now a swamp type area, and if filled, would provide for increase area for recreational activities. Mr. Shell further stated that it would be an asset to the sports programs in the area. County Engineer Art Guepe advised the Supervisors in a memo dated April 14, that he is not opposed to this proposal but does have several I reservations and questions -- such as who will be required to submit soil erosion and siltation plans, who will be required to pay the fee, and who will implement said plans? Supervisor Park asked Mr. Shell if he would be responsible for submitting the plan. Mr. Shell said he would be glad work with Mr. Guepe. NOTE: At this point (approximately 9:15 p.m.) Vice-Chairman Myers returned from the local television broadcast program for which he previously left the meeting. Mr. Wayne Wray, a member of the Club, advised that he has engaged an excavating contractor who is in the process of tearing down the old Jefferson theater, which is mostly stones and rock. The County Executive asked Mr. Wray if anyone has access to earth moving equipment, which will I undoubtedly be necessary for proper handling and compacting for cover material for the fill. Mr. Wray advised that the gentleman who is tearing down the building brings his dozer. This concluded the public hearing, and Supervisor Park moved that the request of Mount Pleasant Recreation Club for a conditional use permit be approved subject to the following guidelines set forth by the County Engineer and the approval of a soil erosion and sediment control plan: 4-25-78 343 APPLICATION FOR A CONDITIONAL USE PERMIT TO OPERATE A * LANDFILL ON PROPERTY LOCATED ON THE SOUTH SIDE OF STATE * FINAL ORDEB ROUTE 617 (PITZER ROAD), IN THE VINTON MAGISTERIAL * DISTRICT * NOW, THEREFORE, BE IT RESOLVED and ORDERED that the petitioner is the operation of a landfill of construction waste materials (no garbage) on a I hereby granted a permit under the Zoning Ordinance of Roanoke County to allow tract of land containing 9.13 acres, adjacent to the Mount Pleasant Elementary School and located on the south side of State Route 617 (Pitzer Road), approximately 1,000 feet east of State Route 886 (Mount Pleasant Boulevard) in the Vinton Magisterial District, for the purpose of leveling an area on which to develop a ballfield. The above permit is subject to the following guidelines set forth by the County Engineer and the approval of a soil erosion and sediment control plan: (1) No other organic waste material other than wood be allowed to be deposited in the fill area; and (2) At least 75% of all materials in the fill should be inorganic materials such as dirt, rock, brick, concrete, etc. I The foregoing Order was adopted on motion of Sypervisor Park and the following recorded vote: AYES: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton NAYS: None IN RE: APPLICATION.OF VINCENT T. DOYLE FOR A SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 33.5-ACRE TRACT LOCATED ON THE NORTH SIDE OF ROUTE 622 (BRADSHAW ROAD), 6 MILES WEST OF ITS INTERSECTION WITH ROUTE 311 Chairman Compton opened the floor for public comments and recognized Supervisor Myers who asked Mr. Doyle if his application was for one mobile home. Mr. Doyle advised that he plans to attach two mobile homes to one another to create the effect of a double-wide mobile home. Mr. Doyle was then advised I that this would be in violation of the County's Zoning Ordinance pertaining to mobile homes. Mr. Myers advised that he would be willing to consider the request if it is for one, not two mobile homes and that this is clearly under- stood by the applicant. Mr. Doyle agreed to this, and the Supervisors proceeded with the public hearing on Mr. Doyle's application to park one mobile home on 4-25-78 3.44 the above-described property. Several area residents spoke in opposition to the request. Mr. Gerald Austin and Mr. Robert Butterworth stated that a trailer is an "eyesore" to the area. Mr. Myers advised that according to Mr. Doyle the trailer is temporary I until he can build a house on the land and further advised the opposition that the permit is good for a two-year period only, after which time Mr. Doyle must again appear before the Supervisors for another public hearing if he wishes to renew the permit. Mr. Myers stated that the applicant meets all the requirements of the mobile home ordinance and that he does not feel the Supervisors have the right to deny a person a place to live. This concluded the public hearing and Supervisor Myers moved that the application of Vincent T. Doyle be approved subject to the provisions of the County Zoning Ordinance as it pertains to mobile homes, which motion was adopted by the following recorded vote: AYES: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton NAYS: None I At 9:40 p.m., the Board took a brief recess. At 9:55 p.m., the Supervisors returned to the meeting room and the Board convened in open session. IN RE: RELEASE OF LEASE AGREEMENT Supervisor Terry moved that the Board concur with the request of Mr. W. H. Jolly on behalf of Kim, Jolly & Clemens and release them from any further obligation under the least agreement entered into with the County on January 1, ( ~ r :- '{I 1978, effective June or July when it is anticipated they will vacate their present offices, which motion was adopted by the following recorded vote: AYES: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton NAYS: None I IN RE: MENTAL HEALTH SERVICES - AT LARGE VACANCY APPOINTMENT OF FRANK G. SELBE, III Supervisor Park moved that the Board concur with the recommendation of the Mental Health Services Board of Directors and appoint Mr. Frank G. Selbe, III to fill the at-large vacancy created by Mr. Glenn Simmers' recent resignation; which motion was adopted unanimously. 4-25-78 845 IN RE: ORE BRANCH WATERSHED On motion of Supervisor Park and the unanimous voice vote of the members~ Roanoke City Resolution No. 24100 advising of the pending construction of a segment of a joint use interceptor sewer in the Ore Branch Watershed located in the City~ such segment of such interceptor sewer line to be capable of serving I areas in Roanoke County~ upon certain terms and conditions~ was this date referred to the Public Service Authority for recommendation and report back to the Board. IN RE: SCHOOL BOARD APPOINTMENT - WINDSOR HILLS DISTRICT The report of the County Executive advising that the term of William D. Ergle~ representing the Windsor Hills Magisterial District on the Roanoke County School Board~ will expire June 30~ 1978~ was for information of the Supervisors and is filed with the minutes of this meeting. IN RE: APPROPRIATION RESOLUTION NO. 2029 FOR CABLE TELEVISION EXPENSES ACCOUNT NUMBER INCREASE (DECREASE) DESCRIPTION Class: Fund: Department: Object: Expenditures General Operating Miscellaneous Operation Functions Cable Television Expenses 603l8F-702H I $136 Department: Object: Contingent Balance Unappropriated Balance 60399A-999 ($136) Adopted by motion of Supervisor Johnson and the following recorded vote. AYES: Mrs. Johnson~ Mr. Myers~ Mr. Park~ Mr. Terry~ Mr. Compton NAYS: None IN RE: RESOLUTION NO. 2030 REQUESTING THE U. S. ARMY CORPS OF ENGINEERS TO UNDERTAKE A FLOOD PLAIN MANAGEMENT STUDY ON CARVIN CREEK. WHEREAS~ the Board of County Supervisors of Roanoke County is concerned about the regular flooding of property of County residents abutting and in the vicinity of Carvin Creek; and WHEREAS~ the Board has been advised by letter of April l2~ 1978~ from I Colonel A. A. Hight~ Wilmington District Engineer~ U. S. Army Corps of Engineers~ to the County Executive that the Corps of Engineers offers a Flood Plain Management Services Program whereby information can be provided for guiding local actions in a flood plain and determining whether Federal flood control considerations are justified; and 4-25-78 WHEREAS, the Board is of opinion that said study program is in the best interests of Roanoke County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the Office of the Wilmington District Engineer, U. S. Army I Corps of Engineers be, and the same is hereby, requested to undertake a flood plain management study of Carvin Creek. BE IT FURTHER RESOLVED that a certified copy of this resolution be transmitted to Colonel A. A. Hight, Wilmington District Engineer, U. S. Army Corps of Engineers. On motion of Supervisor Park and adopted by the unanimous voice vote of the Board. IN RE: RESOLUTION NO. 2031 ACCEPTING A BID FOR THE PURCHASE OF A COMMUNICATIONS CONSOLE TO BE USED BY THE COMMUNICATIONS DIVISION OF THE SHERIFF'S DEPARTMENT. WHEREAS, on March 28, 1978, bids were received and opened in the Department of Finance, Purchasing Division, for the purchase of a communications console to be used by the Communications Division of the Sheriff's Department; and I WHEREAS, the Purchasing Supervisor has, in report to the Board dated April 25, 1978, recommended that the acts hereinafter set out be accepted; and WHEREAS, the funds for said communications console hereinafter accepted are included in the 1977-78 budget, as provided for by the attached appropriation resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the bid for said communications console of Communications Control Center, Inc., in the amount of $54,860.00 be accepted; said communications console to be used by the Communications Division of the Sheriff's Department; and the County Executive is hereby directed to notify said bidder of the acceptanc of their said bid and is authorized to execute the necessary contracts for this purpose. I On motion of Supervisor Johnson and adopted by the following recorded vote: AYES: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton NAYS: None ~47 4-25-78 IN RE: APPROPRIATION RESOLUTION NO. 2032 FOR COMMUNICATIONS CONSOLE DESCRIPTION Class: Fund: Department: Object: Department: Object: ACCOUNT NUMBER INCREASE (DECREASE) Expenditures General Operating Capital Outlay Communications Console $6,860 603l9A-499A I Contingent Balance Unappropriated Balance 60399A-999 ($6,860) Adopted on motion of Supervisor Johnson and the following recorded vote: AYES: NAYS: IN RE: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton None RESOLUTION NO. 2033 ACCEPTING A BID FOR THE PURCHASE OF FIRE HOSE FOR USE BY THE ROANOKE COUNTY DEPARTMENT OF FIRE AND EMERGENCY SERVICES WHEREAS, on April 19, 1978, bids were received ,and opened in the Department of Finance, Purchasing Division, for the purchase of fire hose to be used by the Roanoke County Department of Fire & Emergency Services; and WHEREAS, the Purchasing Supervisor has, in report to the Board dated April 25, 1978, recommended that the acts hereinafter set out be accepted; and in the 1977-78 budget, as provided for by the attached appropriation resolution. WHEREAS, the funds for said fire hose hereinafter accepted are included I NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the bid for said fire hose of Greer Supply Company in the amou t of $25,067.00 be accepted; said fire hose to be used by the Roanoke County Department of Fire & Emergency Services; and the County Executive is hereby directed to notify said bidder of the acceptance of their said bid and is authorized to execute the necessary contracts for this purpose. AYES: NAYS: IN RE: DESCRIPTION Class: Fund: Department: Object: Department: Object: On motion of Supervisor Terry and adopted by the following recorded vote Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton None APPROPRIATION RESOLUTION NO. 2034 FOR THE PURCHASE OF FIRE HOSE AND CONNECTIONS I ACCOUNT NUMBER INCREASE (DECREASE) Expenditures General Operating Fire Fire Hose and Connections 60307A-402 $18,067 Contingent Balance Unappropriated Balance 60399A-999 ($18,067) _L.. 4-25-78 348 Adopted on motion of Supervisor Terry and the following recorded vote: AYES: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton NAYS: None IN RE: NOTICE OF INTENTION TO HOLD A PUBLIC HEARING ON ESTABLISHING FISCAL YEAR 1979 CONSTRUCTION FUND PRIORITIES FOR THE SECONDARY SYSTEM OF STATE HIGHWAYS IN ROANOKE COUNTY. I BE IT RESOLVED by the Board of County Supervisors of Roanoke County that a public hearing, at which comments of citizens are welcome and shall be dis- cussed and considered on the hereindescribed subject matter, be held on May 23, 197 at 7:00 p.m., at a regular meeting of the Board at the Salem-Roanoke County Civic Center, at which time it will be moved that the schedule of fiscal year 1979 Con- struction Fund priorities for the secondary system of State highways in Roanoke County as submitted to said Board by the Virginia Department of Highways and Transportation be approved. The Clerk of this Board is directed to publish this notice of hearing as required by law, pursuant to Section 33.1-70.01 of the Code of Virginia (1950), as amended, once a week for two consecutive weeks in the Roanoke Times and World News, I a newspaper having a general circulation in Roanoke County. Said notice of hearing sahlI be published and posted at the front door of the Roanoke County Courthouse ten days prior to said hearing. A copy of the proposed schedule referred to above is on file at the Resi- dency Office, State Highway Department, 714 South Broad Street, Salem, Virginia, and County Executive's Office 302 East Main Street, Salem, Virginia, where it is avail- able for publ ic inspection during regular business hours. On motion of Supervisor Johnson and adopted by the unanimous voice vote of the Board. IN RE: RESOLUTION NO. 2035 ACCEPTING PROPOSAL OF FINANCIAL CONSULTANT FOR MARKETI~G OF COUNTY GENERAL OBLIGATION BONDS WHEREAS, by special election held November 8, 1977, the electorate of I Roanoke County did approve the issuance of $2.9 mill ion of County General Obligaticn Bonds to construct a new jail facility; and WHEREAS, by report to the Board dated April 25, 1978, the County Executive did recommend that the proposal of the financial consultant set out below to marke the above-described bonds be accepted; and WHEREAS, the Board is of opinion that said proposal should be accepted. 4-25-78 849 NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervismrs of Roanok County that the proposal of Horner, Barksdale & Co., Financial Consultants, Lynchbu g, Virginia, to prepare and market Roanoke County General ObI igation Bonds to finance construction of a new jail facility, as set forth on Schedule A of a letter dated April 17, 1978, from said firm to the County executive be, and the same is hereby, accepted. BE IT FURTHER RESOLVED that the County executive be, and the same is hereby authorized to execute on behalf of the Board the necessary document accepting said p roposa 1 . On motion of Supervisor Myers and adopted by the following recorded vote: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton None I AYES: NAYS: IN RE: DEPARTMENTAL ACTIVITIES REPORTS The departmental activities reports for the month of March, 1978, as sub- mitted by the County Executive, were for information of the Supervisors and are filEd with the minutes of this meeting. IN RE: RESOLUTION NO. 2036 ACCEPTING A PROPOSAL FOR AN ARCHAEOLOGICAL SURVEY OF vJALROND PARK WHEREAS, Roanoke County has heretofore received a grant from the Land and Conservation Fund of the U.S. Department of the Interior for the recreational deve- lopment of Walrond Park; and WHEREAS, a requirement of the aforesaid grant is the completion of an archaeological survey of the aforementioned site; and WHEREAS, in a report to the Board dated Apri 1 25, 1978, the County Director of Parks and Recreation has informed the Board that, although five area colleges and universities have been sol icited for proposals to undertake such a survey, only one institution has submitted an officail proposal; and WHEREAS, the aforesaid report did recommend the acceptance of the proposal as hereinafter set out; and WHEREAS, funds for this service are included in the 1977-78 budget. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of RoanokE County that the proposal for archaeological survey work as submitted to the Roanoke County Director of Parks and Recreation by Dr. John McDaniel of the Laboratory of Archaeology, Washington and Lee University, in the amount of $2,900.00 be, and the same is hereby, laccepted, said survey to be used by the Roanoke County Department of Parks and Recreation. BE IT FURTHER RESOLVED that the County Executive be, and the same is hereby authorized to execute a contract on behalf of the County incorporating said proposa in a contract form to be approved by the County Attorney. On motion of Supervisor Johnson and adopted by the following recorded vote: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton None I I AYES: NAYS: , 4-25-78 350 IN RE: AMENDMENT TO GENERAL APPROPRIATION RESOLUTION NO. 2037 On motion made by Supervisor Johnson, the General Appropriation Resolu- tion of Roanoke County, Virginia, adopted June 28, 1978, be, and the same is hereby, amended as follows to become effective Apri 1 25, 1978: I Class: Fund: Department: Object: I Class: Fund: Depa r tmen t : Object: DESCRIPTION Expenditures Grant Projects Phase I Development of Walrond Park Project Administration and Travel Utilities Plans, Specifications, etc. Service Road Parking Area Building Demolition Log Cabin Restoration Picnic Pavi11ion Comfort Station Nature Trail and Footbridge Picnic Area Rest Shelters Playground Equipment To t Lo t Adult Recreation Site Preparation Landscaping Fencing Pond Amphitheater Contingency Fund Revenues Grant Projects Phase I Development of Walrond Park State/Federal Cash (COR) Loca 1 Cash I n- Ki nd Labor I n- Ki nd Trave 1 ACCOUNT NUMBER INCREASE (DECREASE) 660064-220 $ 600 660064-299 50,000 660064-600 12,900 660064-601A 22,400 660064-601B 15,000 660064-601C 3,000 660064-601D 15,000 660064-601E 13,700 660064-601F 20,000 660064-601G 15,000 660064-601H 6,700 660064-6011 2,500 660064-601J 7,500 660064-601K 5,000 660064-601L 5,000 660064-601M 10,000 660064-601N 6,000 660064-6010 3,500 660064-601P 1,500 660064-999 5,300 I $ 220,600 560064-0686 560064-1101 560064-1104A 560064-1104B $ 110,300 100,000 10,000 300 $ 220,600 AYES: NAYS: Adopted by the following, recorded vote: Mrs. Johnson, Mr. Myers, Mr, Park, Mr. Terry, Mr. Compton None IN RE: 1980 REASSESSMENT AND MAPPING PROGRAM Following some discussion, Supervisor Park moved that consideration of proceeding with the 1980 reassessment and mapping program be continued to the May 9, 1978 Board meeting for further study by the Supervisors. Supervisor Johnson offered a substitute motion that the Board concur with the recommendation of the Assistant Director of Finance and authorize the staff to draw up specifications for the reassessment and mapping program, sol icit bids from qual ified independent appraisal services, and prepare a formal report to the Board so that the bid for this program can be finalized. The substitute motion was adopted by the following recorded vote: I AYES: NAYS: Mrs. Johnson, Mr. Myers, Mr. Compton Mr. Park, Mr. Terry 4-25-78 351 IN RE: AMENDMENT TO GENERAL APPROPRIATION RESOLUTION NO. 2038 On motion made by Supervisor Park, the General Appropriation Resolution of Roanoke County, Virginia, adopted June 28, 1977, be, and the same is hereby, amended as follows to become effective April 25, 1978: DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) I , Class: Expenditures Fund: Grand Projects Depa rtment: Clean Valley Committee Grant o b j ec t : Transfer to Clean Valley Committee 660057-901 Department: DJCP #78-A4461 - Data Systems Object: Equipment 660062-399 Department: DJCP #77-A4330 - Police Communications o b j ec t : Equipment 660063-399 Class: Revenues Fund: Grant Projects Depa rtmen t: Clean Valley Committee Grant Obj ect: Grant from State/Federal Government 560057-0686 Depa rtmen t : DJCP #78-A4461 - Data Systems Object: Grant from State/Federal Government 560062-0686 Contribution from Loca] Government 560062-1101 Department: DJCP #77-A4330 - Pol ice Communications Obj ect: Grant from State/Federal Government 560063-0686 Contribution from Loca] Government 560063-110] $ 6,180 4,466 8,935 $ 6,] 80 4,243 223 8,488 447 AYES: NAYS: Adopted by the following, recorded vote: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton None I IN RE: REQUEST OF COUNTY ENGINEER FOR INTERPRETATION OF SUBDIVIStON STREET IMPROVEMENT POLICY After considerable discussion, Supervisor Myers moved that the request of the County Engineer for interpretation of the Subdivision Street Improvement Po] icy be taken under advisement for approximately thirty days, which motion wa~ adopted unanimously. IN RE: COURT SERVICE UNIT ADVISORY COUNCIL Mr. Michae] J. Lazzuri, Director of Court Services for the County, was present along with Mr. John E. Roche, Chairman of the Court Service Unit Advisor Counci]. The Council IS Annua] Report was received by the Board and is filed wi 1 the minutes of this meeting. Mr. Lazzuri advised the Supervisors of the need t( replace five of the ten Council members whose terms have expired. He also mentioned that there was a lack of attendance at the majority of the meetings held and requested the Board to carefully select as the new appointees, indivi- duals who would be interested in participating in such an advisory group. The County Executive was directed to correspond with the five members whose terms have expired and the five remaining members on the Advisory Council as to their interest in being reappointed and/or continuing to serve on this Council . I 4-25-78 35 ~ . .. IN RE: RESOLUTION NO. 2039 ADOPTING CERTAIN AGREEMENTS WITH THE U.S. FARMERS HOME ADMINISTRATION I WHEREAS, by resolution adopted on August 2, 1977, the Board of County Supervisors of Roanoke County did request the Governor of Virginia to declare Roanoke County an Emergency Drought Area; and WHEREAS, in order to qual ify for financial assistance afforded by the U.S. Farmers Home Administration to local ities so designated as an Emergency Drought Area, which designation the County has heretofore received, certain documents must be adopted and executed by Roanoke County with said agency; and WHEREAS, the County Executive has, in a report to the Board dated April 25, 1978, recommended that these documents be adopted and executed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the following documents be, and the same are hereby, adopted and agreed to by Roanoke County: 1. Form FHA 400-4, Non-Discrimination Agreement 2. Form FHA 400-1, Equal Opportunity Agreement BE IT FURTHER RESOLVED that the County Executive be, and the same is hereby, authorized to execute on behalf of the County, the aforesaid documents and such other documents, including, but not limited to, debt instruments and security instruments as may be required to obtain the aforesaid financial assis- tance. I BE IT FINALLY RESOLVED that the Clerk of this Board transmit a certified AYES: NAYS: copy of this resolution to the U.S. Farmers Home Administration. On motion of Supervisor Park and adopted by the following recorded vote: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton None IN RE: RESOLUTION NO. 2040 AUTHORIZING THE ENTERING INTO OF A CONTRACT WITH A PROFESSIONAL TRAINING CONSULTANT FOR THE YOUTH AND FAt11LY SERVICES BUREAU OF THE ROANOKE COUNTY SHERIFF'S DEPARTMENT WHEREAS, the Roanoke County Sheriff1s Department has heretofore been awarded a grant for the establ ishment of a Youth and Family Services Bureau froIT the Virginia Division of Justice and Crime and Prevention; and WHEREAS, as part of the implementation process of the aforesaid bureau, the procurement of the services of a professional training consultant is recom- mended in a report to the Board dated April 25, 1978, by the Captain of the Services Division, Roanoke County Sheriffls Department, as hereinafter set out; and I WHEREAS, the Board of County Supervisors of Roanoke County has been advised in the aforementioned report that a request to fund the hiring of such a consultant has been approved by the Virginia Division of Justice and Crime Prevention; and WHEREAS, the funds for such consultant1s services hereinafter accepted are included in the 1977-78 budget. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that a contract agreement be, and the same is hereby, authorized to be entered into between Roanoke County and Dr. Charles Holland of Lamar DrivE, ~ Roanoke County. 4-25-78 85a BE IT FURTHER RESOLVED that the County Executive be, and the same is hereby, authorized to execute said contract on behalf of Roanoke County in a contract form to be approved by the County Attorney. On motion of Supervisor Johnson and adopted by the following recorded vote: AYES: NAYS: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton None I IN RE: RESOLUTION NO. 2041 REQUESTING A FORMAL HEARING BEFORE THE STATE WATER CONTROL BOARD WHEREAS, by letter dated April 5, 1978, the Virginia State Water Control Board has informed the Roanoke County Executive that Roanoke County's appl icatio for water certification, pursuant to Section 401 of the Clean Water Act of 1977, to allow the County to construct water intake structures on Back Creek and Roanoke River was denied by the State Water Control Board at its meeting on March 15-16, 1978; and WHEREAS, the Board of County Supervisors of Roanoke County is of the opinion that the present County well water system will, in the immediate future, require water source supplementation to meet increased water demand. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that, pursuant to the appeal procedure of the Virginia State Water Control Law, the State Water Control Board be, and the same is hereby, requested to set a date for a formal hearing on Roanoke County's appl ication to construct water intake structures on Back Creek and Roanoke River. I BE IT FURTHER RESOLVED that the Clerk to this Board be directed to AYES: NAYS: transmit a certified copy of this resolution to the State Water Control Board. On motion of Supervisor Myers and adopted by the following recorded vote Mrs. Johnson, Mr. Myers, Mr. Compton Mr. Park, Mr. Terry IN RE: RAFFLE PERMIT - OAK GROVE ELEMENTARY SCHOOL P.T.A. Supervisor Johnson moved that the application of Oak Grove Elementary School P.T.A. be approved effective this date for a period of one year, which motion was adopted unanimously. IN RE: PUBLIC SERVICE AUTHORITY BOARD - L. S. WALDROP'S RESIGNATION Supervisor Myers moved that Mr. L. S. Waldrop be requested to reconsider his previous resignation from the Roanoke County Publ ic Service Authority and accept reappointment for at least the next six-to-twelve month period, which motion was adopted by the following recorded vote: AYES: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton NAYS: None I IN RE: BINGO PERMIT RENEWAL - VINTON MOOSE LODGE #1]2] Supervisor Park moved that the appl ication of Vinton Moose Lodge #1121 for renewal of their bingo permit be approved effective this date for a period of one year, which motion was adopted unanimously. 4-25-73 354.. I IN RE: EXECUTIVE SESSION - PERSONNEL At ]] :07 p.m., on motion of Supervisor Terry and the following recorded vote, the Board went into Executive Session to discuss a personnel matter. AYES: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton NAYS: None At 1 :00 a.m., the Supervisors returned to the meeting room and on the motion of Supervisor Myers and a unanimous voice vote, the Board reconvened in open session. IN RE: COUNTY ATTORNEY, POSITION OF Supervisor Myers moved that the County Executive be directed to seek app] ications for the position of County Attorney with the salary listed as open, which motion was adopted unanimously. IN RE: BUDGET STUDY The Supervisors scheduled their next budget study session for Tuesday, May 2, ]978, beginning at 2:00 p.m. and also scheduled a meeting with representa tives of the Snyder-Hunt Corporation for the same day beginning at 5:00 p.m., both meetings to take place in section one of the Community Room at the Sa]em- Roanoke County Civic Center. I IN RE: ADJOURNMENT This concluded the business before the Board at this time, and on the motion of Supervisor Johnson and the unanimous voice vote of the members, the meeting was adjourned at ] :]0 a.m. CHAlRMAN I