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8/9/1977 - Regular 8-9-77 '110 Salem-Roanoke County Civic Center Sa I em, Vi rg in i a August 9, 1977 7:00 P.M. I 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 second Tuesday and the first regular meeting of the month. Members Present: Chairman Robert E. Myers, Vice-Chairman R. Wayne Compton, Supervisors C. Lawrence Dodson, May W. Johnson, and E. Deal Tompkins. Chairman Myers called the meeting the order at 7:05 p.m. and recognize Reverend James W. Sheldon, Saint Timothy Lutheran Church of Vinton, who offered the invocation. The Pledge of Allegiance to the flag was given in unison. IN RE: APPROVAL OF MINUTES On the motion of Supervisor Johnson and the unanimous voice vote of th members, the minutes of the regular meeting of June 28, 1977 and the regular meeting of July 12, 1977, were approved as spread. IN RE: PETITION OF BONNIE O. SNYDER TO CLOSE PERMANENTLY AND VACATE A PORTION OF FLIPPO ROAD, NW ABUTTING LOTS I AND 5, BLOCK 2, SECTION 1 OF NORTH BURLING- TON HEIGHTS SUBDIVISION ./~ I if, DENIED 'k il" Before opening th3 floor for public comments, Chairman Myers advised that the public hearing on the petition of Bonnie O. Snyder was continued from the July 12 Board meeting. He further advised that a communication had been received from Mr. Edward A. Natt, former County Attorney, rendering a legal opinion that Flippo Road is County property and the decision on whether to close it would be left up to the Board. At this point, Chairman Myers opened the floor for public comments. Mr. Richard M. Kurshan, Attorney representing the petitioner, was present at the hearing. There being no publ ic comments, Chairman Myers closed the hearing and recommended denial of the request. On motion of Supervisor Compton and the following recorded vote, the petition of Bonnie O. Snyder was this date denied. AYES: NAYS: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None I IN RE: REZONING OF THREE LOTS SITUATE IN VINTON MAGISTERIAL * DISTRICT AT THE INTERSECTION OF MAYFIELD DRIVE AND * ELLINGTON DRIVE * NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Supervisors FINAL ORDER of Roanoke County that pursuant to the provisions of law, the following property be reclassified and rezoned as Residential, R-2: Lots 5, 6 & 7, block 1, according to the revised Map of Section #1 of Ellington Court prepared by C. B. Malcolm & Son, S.C.E., dated 10/10/5 and of record in the Clerk's Office of the Circuit Court of Roanoke County, in Plat Book 3, page 88. - 8-9-77 l~:lrl BE IT FURTHER RESOLVED AND ORDERED that the Clerk transmit a certified copy of this Final Order to the County Engineer so that the zoning maps of Roano e County be amended to reI feet this rezoning. The above Order was adopted on motion of Supervisor Tompkins and the following recorded vote: AYES: NAYS: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None I IN RE: REZONING OF PROPERTY OF GENE D. WHITLOW AND WHITLOW ON WESTERLY SIDE OF U.S. ROUTE 11 NOW, THEREFORE, BE IT RESOLVED AND ORDERED, ANN E B. ole "k FINAL ORDER that at this regular meeti g of the Board of Supervisors of Roanoke County, Virginia, held on August 9, 1977, the said County Zoning Ordinance (1970) be and the same is hereby amended so as to classify as Business B-3 property all that tract or parcel of land described as fo 11 ows: BEGINNING at a point on the westerly side of U.S. Highway Route Nos. 11 and 220 (said side of highway being 50 ft. westerly from the center 1 ine of same), which beginning point is also corner to the property of American Bowling Enterprises, Inc.; thence with the westerly side of said highway SIlo 58il E 106 feet to a point; thence S 780 Oli! W 222 feet to a point; thence N 11 58i! W 105 feet to a point; thence N 78 Olil E 225 feet to the point of beginning, and being the northerly 105 feet of a certain 1.549 acre tract conveyed to Gene D. Whitlow and wif by deed dated September 13, 1976. IT IS FURTHER ORDERED AND RESOLVED that the Clerk of this Board shall forthwith certify a copy of this resolution and order to the Secretary of the Planning Commission of Roanoke County, Vir ginia, and a copy to Evans B. Jessee, 404 Shenandoah Building, Roanoke, Virginia, Attorney for the Petitioners. The foregoing resolution was adopted on the motion of Supervisor Compt n and on the record vote the Supervisors voted as follows, to-wit: I AYES: NAYS: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None IN RE: SPECIAL EXCEPTION FOR PROPERTY OF GENE D. WHITLOW AND ANNE B. WHITLOW ON WESTERLY SIDE OF U.S. ROUTE 11 "l\ ;I~ FINAL ORDER "k NOW, THEREFORE, BE IT RESOLVED AND ORDERED that a special exception fc the sale of used cars on property described below be granted for the remainder c the period of the present lease of the tenant, Ford Motor Credit Corporation, ar any renewal of same tenant. The property of the petitioners as to which said special exception is granted is described as follows: BEGINNING at a point on the westerly side of U.S. Highway Route Nos. 11 and 220 (said side of highway being 50 ft. westerly from the center line of same) which beginning point is also corner to the property of American Bowling Enterprises, Inc., thence with the westerly side of said highway SIlo 58il E 106 feet to a point; thence S 780 oHI W 2~e feet to a point; thence N 11 58il W 105 feet to a point; thence N 78 Olil E 225 feet to the point of beginning, and being the northerly 10 feet of a certain 1.549 acre tract conveyed to Gene D. Whitlow and wi ~ by deed dated September 13, 1976. IT IS FURTHER ORDERED AND RESOLVED that the Clerk of this Board shall forthwith certify a copy of this resolution and order to the Secretary of the Planning Commission of Roanoke County, Virginia, and a copy to Evans B. Jessee, 404 Shenandoah Bui lding, Roanoke, Virginia, Attorney for the Petitioners. I 8-9-77 l1i2 The foregoing resolution was adopted on the motion of Supervisor Compt the record vote the Supervisors voted as follows, to-wit: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None I REZON I NG OF A 0.93 ACRE TRACT L Y I NG ON THE SCUTHERL Y ,', SIDE OF BURLINGTON DRIVE NEAR ITS INTERSECTION WITH * FINAL ORDER VIRGINIA STATE ROUTE #117 FROM R-l TO B-1 * NOW, THEREFORE, be it RESOLVED and ORDERED, at this meeting of the Boa f Supervisors of Roanoke County, Virginia, held on the 9th day of August, 1977, t 7:00 olclock p.m., that the Roanoke County Zoning Ordinance be, and the ereby, amended so as to reclassify the following described property from Reside ial R-I to Business B-1. N RE: I BEGINNING at a point on the southerly side of Burlington Drive, at the point of intersection of same produced to intersection with the easterl side of Virginia State Highway Route #116 produced; thence along the southerly side of Burlington Drive, N 57 10. E 245.2 feet to a point; thence with a dividing line between new Lots G-l and 1-1, S 320 501 E 100 feet to a point; thence with the new dividing line between new lots G-I and G-2, S 570 101 W 239.34 feet to a point on the easterly side 0 Virginia State Highway Route #117; thence with the same N 130 591 W 105.66 feet to the place of BEGINNING, and being the northwesterly par of original Lot G of the Burlington Heights Map, of record in the Cler s Office of the Circuit Court of Roanoke County, Virginia, in Plat Book page 58, and being all of new Lot G-l, as shown upon plat of propertie of John C. and Claude E. Anderson, trading as ANDERSON & SON, Bui Iders, dated Apri 1 10, 1954. The foregoing resolution was adopted on motion of Supervisor Compton, nd voted as follows: YES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers AYS: None IN RE: PETITION OF DIVIS F. RICHARDS, SR. AND ROSIE RICHARDS ;'~ FORACONDITIONALUSEPERMIT ALLOWING THEM TO CONTINUE 'k TO DUMP FILL MATERIAL INTOA RAVINE ON THEIR PROPERTY ",;'" CONTA I N I NG 6.26 ACRES AND LOCATED ON THE SOUTH S I DE OF ;I~ DENIED STATE ROUTE 897, 0.4 MILE EAST OFF ROUTE 221 SOUTH OF -l\ THE ARLINGTON FOREST SUBDIVISION -;,,, I Chairman Myers opened the floor for public comments on the Richardsl equest. Mr. Thomas N. Key, Attorney, appeared on behalf of the petitioners. M submitted pictures showing the area presently being filled and advised that he petitioners have been filling this ravine since 1964 and are requesting to ontinue with the dirt fill until the ravine is completely leveled, which wi II ake approximately one year. He emphasized that there is no intention on the pa f the petitioners of a fee-imposed or public dumping. Mr. John Renick and Mr. Joe Bounds, law partners, appeared on behalf 0 the opposition. Mr. Renick stated that the property owners objected to the con- tand convoy of trucks in the area and they want the activity stopped immediatel if possible. He further advised that no soil erosion plan has been submitted by he Richards, which is in violation of County law. There being no further comments, Supervisor Johnson moved that the ichards' request be denied. The motion was adopted by the following recorded vote: YES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Myers Mr. Tompkins 8-9-77 ll3 IN RE: PETITION OF WILLIAM T. VAUGHAN AND ZELLA S. VAUGHAN * FINAL ORDER This matter came on to be heard before the Roanoke County Board of Supervisors at its regular meeting held at the Salem-Roanoke Valley Civic Center Salem, Virginia, upon notice and public hearing advertised and held on the 9th day of August, 1977, at 7:00 p.m., all as required by law. Upon the appearance of the petitioners and citizens and the recommendation of the Planning Commissio , the Board having heard and weighed the evidence in the case and being of the opinion that the granting of the "use not provided for" permit in question would be in accordance with the laws of the Commonwealth of Virginia and consistent with the Zoning Ordinance of the County of Roanoke and in keeping with the existing character and land use of the community in question, the premises now being zone Agricultural District A-I in accordance with Section 21-15 of the Roanoke County Code, it is accordingly ORDERED that the petitioners, their heirs, successors and assigns, be, and hereby are, granted a use permit for a period of two (2) years from this dat in accordance with Section 21-7 of the Roanoke County Code for the operation of home for six (6) adults for the following described property: BEGINNING at a point on the northerly side of Virginia State Route No. 622; thence with the point on the norhterly side of Virginia State Rou e No. 622, S 530 0' W 262 feet to a point; thence S 490 501 W 100 feet t a point; thence S 380 30' W 170.2 feet to a point; thence S 180 lOt W 531.7 feet to a point on the northerly side of Virginia State Route No 622; thence leaving Virginia State Route No. 622 the following courses and distances: N 730 20' W 216.5 feet to a point; thence N 47 35' W 532 feet to a point; thence N 350 18t E 262'3 feet to a point; thence N 230 45' W 224 feet to a point; thence N 59 15' E 906 feet to a poin thence N 580 43' E 440 feet to a point; thence S 290 351 E 427 feet to a point on the northerly side of Virginia State Route No. 622, the poi t and place of BEGINNING. The use permit herein is subject to all requirements and regulations s t forth by the Board of Supervisors of Roanoke County, Virginia, at said meeting held on August 9, 1977. Chairman Myers opened the floor for public comments. Mr. Charles H. Osterhoudt, Attorney, appeared on behalf the petitioners. Mr. Osterhoudt explai ed the request and presented architectural renderings of a proposed addition to the Vaughan house. He explained that the Vaughans presently operate a Home for Adul s catering to 4 to 6 clients and that the proposed addition would accommodate a total of 20 clients. Mr. and Mrs. Vaughan, Mr. Wold, representing the Veterans Administration, and several area property owners appeared in support of the reql st. Mr. Wold explained the program and screening procedures and commended the Vaughc s' present operation. Supervisor Johnson stated that in her opinion 20 persons WOl d be a small ward therefore going against the theory of a homey atmosphere as opp< ed to housing 6 persons, which would seemingly create such an atmosphere. In resp< se, Mr. Wold responded that the Vaughans had requested the expansion and that norma y these homes do house smaller numbers. Mr. Mac Johnson and Mr. Walter Shepherd, adjacent property owners, sp< e on behalf of certain residents in the Bradshaw Road area who opposed the reques . Approximately 20 persons appeared in opposition. Mr. Johnson explained that thE objections were centered around increasing the size of the present operation, including concern over the faci lity's remote location, proper supervision of th veterans, stability of the veterans, and the safety of surrounding residents. ~ I I I 8-9-77 1 :, ~tated that some gentlemen have been seen frequently walking up and down the roac, ",hich is very narrow, barely accommodating two automobiles. Mr. Shepherd stated that most of the residents were not opposed to the present operation and had tri(p to work with Mrs. Vaughan in helping these veterans. There being no further comments, Chairman Myers closed the public hear 19. ~r. Myers then advised that he had previously met with a group of the citizens i )pposition to the request and understood their concern, especially the women and hildren who were at home during the day by themselves. Supervisor Tompkins moved that the Board concur with the recommendatior of the Planning Commission and approve the request of the Vaughansl to operate a home for adults for 20 persons for a two-year period. The motion was defeated by the following recorded vote: I AYES: NAYS: Mr. Tompkins Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Myers Chairman Myers relinquished the Chair to Vice-Chairman Compton and moved that the "Use Not Provided For" be granted for a period of two years for the operation of a home for six (6) adults. AYES: NAYS: I ~ye rs . IN RE: The motion was adopted by the following recorded vote: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None At this point, Acting Chairman Compton turned the Chair back to Mr. REZONING OF 3 PARCELS OF LAND CONTAINING A TOTAL OF ABOUT 22.617 ACRES LOCATED ON THE EAST SIDE OF THE 5400 BLOCK OF PLANTATION ROAD (ROUTE 115) AND JUST SOUTH OF THE PLANTATION ROAD BAPTIST CHURCH, SAID PARCELS OF LAND OWNED BY FRIENDSHIP MANOR, INC. NOW, THEREFORE, BE IT RESOLVED AND ORDERED, at this "k 'k ;', FINAL ORDER '.k ../\ regular meeting of the Board of County Supervisors of Roanoke County, Virginia, that the Zoning ~rdinance of Roanoke County be, and it hereby is, amended so as to reclassify from Residential R-3 to Residential R-l of the following-described property: Three parcels of land containing a total of about 22.617 acres located on the east sideof the 5400 block of Plantation Road (Route 115) just south of the Plantation Road Baptist Church, said parcels of land owne( by Friendship Manor, Incorporated. 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 to the Roanoke County Planning Commission. Chairman Myers opened the floor for public comments on the proposed re zoning. Mr. Robert W. Hooper, County Planner, was spokesman. No one appeared ir opposition. The foregoing order was adopted on motion of Supervisor Compton and th following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers NAYS: None I At 8:45 p.m. on the motion of Supervisor Johnson and the unanimous voic vote of the members, the Board took a brief recess. At 8:53 p.m., the Supervisors returned to the meeting room and on the motion of Supervisor Compton and the unanimous voice vote of the members, the Board reconvened in open session. - 8-9-77 1L5 IN RE: ORDINANCE NO. 1837 AMENDING SECTION 17-17 OF THE ROANOKE COUNTY CODE WHEREAS the Board of County Supervisors of Roanoke County deems certai amendments to the Roanoke County Code to be necessary in the best interests of t e health, safet~ and general welfare of the citizens of Roanoke County; and WHEREAS a notice of intention to amend the Roanoke County Code as pro- posed and the public hearing thereon have been advertised and posted in accordan e with law; I NOW, THEREFORE, BE IT ORDAINED by the Board of County Supervisors of Roanoke County that the Roanoke County Code be amended as follows: Section 17-17. Installation of improvements or filing of performance bond required prior to recording. All physical improvements required by the provisions of this article for the subdiviiion as platted shall have been installed therein and thereon at the expense of the subdivider prior to the recordation of the final plat, provided, however, that in lieu of the actual instal- lation of the physical improvements, the subdivider shall have submitt d and have approved an acceptable form of agreement and bond with corpor ate surety, or in lieu of said bond an acceptable letter of credit or a letter of escrow from a lending institution, said bond, letter of credit, or letter of escrow to be in an amount equal to the total cost of such improvements and guaranteeing that the required improvements will be installed within a designated length of time. The form of agreement, designated length of time, bond and surety, letter of credi or letter of escrow, and choice of guarantee shall be prescribed by the Board of County Supervisors, as it may require, according to the nature and extent of the improvements to be made. This amendment to take effect on August 9, 1977. The Chairman advised that the public hearing on the proposed ordinance had been continued from the June 28 and July 12 Board meetings pending a report from the County Attorney on the validity of an amendment to the ordinance whereb a letter of escrow would be held unti 1 a subdivision is completed by the develop r. Mr. Edward A. Natt, former County Attorney, appeared before the Board and stated that a letter of escrow would be an acceptable guarantee. No one appeared in opposition to the proposed ordinance. Supervisor Compton moved adoption of the ordinance as amended to inclL e a letter of escrow. The motion was adopted by the following recorded vote: I AYES: NAYS: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None IN RE: ORDINANCE NO. 1838 AMENDING ORDINANCE NO. 1488 KNOWN AS THE SOIL EROSI N AND SEDIMENT CONTROL ORDINANCE WHEREAS, the Board of County Supervisors has heretofore adopted, on May 11, 1976, a Soil Erosion and Sediment Control Ordinance for Roanoke County; nd I WHEREAS, certain amendments to said Ordinance must be made in order tc comply with the provisions of the Code of Virginia, as amended by the 1977 Gener Assembly; and WHEREAS, a notice of intention to amend said Ordinance No. 1488 and Ordinance No. 1816 as proposed and the public hearing thereon have been adverti<ed and posted in accordance with law. NOW, THEREFORE, BE IT ORDAINED by the Board of County Supervisors of Roanoke County that the Roanoke County Code be amended as follows: 8-9-77 1':; . 16 Section 8.1-4 (a) (2) I Individual service connections; construction, installation, or maintenance of electric and telephone utility lines; installation, maintenance, or repair of an underground publ ic utility lines when such activity occurs on an existing hard- surfaced road, street, or sidewalk provided such land-disturbing activity is con fined to the area of the road, street, or sidewalk which is hard surfaced. This amendment to take effect August 9, 1977. Chairman Myers opened the floor for public comments on the proposed ordinance. Arthur A. Guepe, County Engineer, was spokesman. No one appeared in opposition. The foregoing ordinance was adopted on motion of Supervisor Dodson and the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers NAYS: None IN RE: ORDINANCE NO. 1839 ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN OF ROANOKE COUNTY I WHEREAS, the Board of County Supervisors of Roanoke County deems the 1977 annual amendments to the Goals and Objectives Section of the Comprehensive Plan of Roanoke County as proposed to be necessary in the best interests of the health, safety, and general welfare of the citizens of Roanoke County; and WHEREAS, a publ ic hearing on said amendments has been advertised in accordance with law. NOW, THEREFORE, BE IT ORDAINED by the Board of County Supervisors of Roanoke County that the following be, and they are hereby adopted: Amendments to the Goals and Objectives section of the Comprehensive Plan of Roanoke County as recommended by the Planning Commission under the date of May 17, 1977 attached hereto as Exhibit A incorporating additions and deletio s to the Comprehensive Plan as adopted by the Board. Chairman Myers opened the floor for public comments on the proposed ordinance. Mr. Robert W. Hooper, County Planner, was spokesman. No one appeare in opposition. The foregoing ordinance was adopted on motion of Supervisor Dodson and the following recorded vote: AYES: NAYS: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None IN RE: BINGO PERMIT - NORTHSIDE LIONS CLUB I On the motion of Supervisor Johnson and the unanimous voice vote of th Board, the application of Northside Lions Club for a bingo permit was this date approved for a period of one year. IN RE: BINGO PERMIT - MOUNT PLEASANT FIRST AID CREW LADIES AUXILIARY On the motion of Supervisor Tompkins and the unanimous voice vote of the Board, the application of Mount Pleasant First Aid Crew Ladies Auxi liary for a bingo permit was this date approved for a period of one year. IN RE: SOUTHWEST VIRGINIA HEALTH SYSTEMS AGENCY, INC. -II A communication from the Southwest Virginia Health Systems Agency, Inc recommending that attention be given to the appointment of a new Roanoke County representative on the Roanoke Area Health Counci 1 was this date before the Board 8-9-77 1~1 7 .... ~~ ......... Supervisor Tompkins, the County's present representative on the Counci , stated that he felt it necessary to resign since he has been unable to attend regularly the meetings which are during working hours. Consideration of appoint ng a replacement for Mr. Tompkins was continued to the August 23 Board meeting. IN RE: HOUSE BILL 1041 I Supervisor Johnson moved that the Board meet with representatives of the Highway Department to discuss implementation of House Bill 1041 on Tuesday, September 20, 1977 at 3:30 p.m. in the conference room adjoining the County Executive's Office. The motion was adopted by the unanimous voice vote of the Board. On the motion of Supervisor Tompkins and the unanimous voice vote of the Board, the fo1 lowing resolutions adopted by Vinton Town Council were this date received and filed: Resolution No. 589 encouraging the Supervisors to accept Roanoke City' offer of jail faci1 ities on a per diem basis instead of joining with City of Salem in construction of a new jail in Salem. Resolution No. 590 encouraging the Supervisors and/or Public Service Authority to submit construction plans for the Glade Creek joint-use interceptor. RESOLUTION NO. 1840 SUPPORTING A "CLEAN VALLEY COMMITTEE" WHEREAS the Roanoke Valley has been certified by Keep America BeautifL , Inc. to participate in Clean Community System, a project for Valley-wide litter control on a continuing basis; and IN RE: I WHEREAS litter control is a social as well as a physical problem and requires a systematic solution; and WHEREAS the success of the project depends on the efforts of all segm€ ts of the Roanoke Va-ley, including its government agencies, business and professic lal groups, civic clubs, chambers of commerce, many other groups, and the general pL )Iic, coordinated and directed by an entity that will have the responsibility for p1ar ling, directing, and coordinating the systematic approach to the project on a continul 19 basis; and WHEREAS it is considered that the creation of a committee charged wit~ such responsibilities is the best approach to the project; NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that it supports the establishment of a "Clean Valley Committee" and pledges the support and cooperation of the Roanoke County to the Committee in its efforts to reduce littering in the Roanoke Valley. On motion of Supervisor Johnson and adopted by the following, recorde vote: I AYES: NAYS: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None IN RE: REGIONAL LIBRARY FACILITY On the motion of Supervisor Johnson and the unanimous voice vote of t ~ Board, the Chairman was directed and authorized to appoint a committee to repre nt the County to meet with representatives of Roanoke City to discuss establishmen nf a regional library facility and report their recommendations to both governing bodies. 8-9-77 '. 1 IN RE: DEPARTMENTAL ACTIVITIES REPORTS - JUNE, 1977 The departmental activities reports, as submitted by the County Execut ve, Nere for information of the Supervisors and are fi led with the minutes of this meeting. I IN RE: FIVE-YEAR PLAN FOR COUNTY LIBRARIES Supervisor Dodson moved that the Board concur with the recommendation of the County Executive and adopt the five-year plan for the Roanoke County publ c library system dated July 1, 1977. A full copy of said plan is filed with the minutes of this meeting. The motion was adopted by the following recorded vote: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None AYES: NAYS: IN RE: NEW WELL FOR COUNTY WATER SYSTEM - HOMEWOOD SUBDIVISION Supervisor Johnson moved that the Board concur with the emergency acti n of the County Executive in authorizing the drilling of an exploratory well on property owned by Ralph W. and Carrie F. Coon, which location had been suggested by a geologist as a potential good water site. A full copy of the County Execu- tive's report regarding the subject is fi led with the minutes of this meeting. The motion was adopted by the unanimous voice vote of the Board. I IN RE: RESOLUTION NO. 1841 AMENDING THE POLICIES RELATING TO NON-COUNTY RESI- DENTS PARTICIPATING IN COUNTY ATHLETIC PROGRAMS I WHEREAS the Board of County Supervisors has heretofore established a policy relating the participation in County athletic programs by residents outsi e the boundaries of Roanoke County; and WHEREAS the Board desires to revise and amend said policy in order to provide the opportunity for certain non-County residents to participate in Count athletic programs upon certain terms and conditions; and WHEREAS the Board has heretofore adopted a policy relating to youth wh reside in an area annexed to the City of Roanoke as of January 1, 1976, which policy provided that said youth could continue to play in the same league that they participated in prior to annexation as long as said youth remained in the County school system, which policy is deemed to require revision due to the City of Roanoke1s early acceptance of said youth into the City's school system; and WHEREAS the Board has heretofore adopted a policy to permit 30 percent non-County residents per team in adult leagues to participate, provided each non County participate pay a $12.00 fee per sport to the County, said fee tobe in addition to the team entry fee, the County Executive retaining the right, upon the advice of the County recreation staff, to deny participation by non-County residents if, in his sole judgment, a County resident would otherwise be unable to participate in that athletic program, which policy is sti 11 deemed to be in effect; NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County, Virginia, that the youth who reside outside County boundaries as of January 1, 1976, and who participated in County athletic programs prior to said date be, and they are hereby, permitted to participate in the County athlet c programs upon the following conditions: 8-9-77 I I 111.9 I I (1) I (2) That each individual participant pay a fee of $12.00 per sport to the Count That the individual seeking to participate must, prior to the above date, h ve participated in that particular sport in the County athletic program, even f in a different league. (3) That the County Executive, upon the advice of County Recreation Department staff, shall have the right to deny such participation if, in his sole judg ment, a County resident would otherwise be unable to participate in that athletic program. (4) That the policy for youth participation only shall remain in force and effe t from the date of its adoption through the football/soccer 1977 season, pro- vided further that the policy shall be deemed to be immediately rescinded i non-County municipal ities and the County mutually agree on a recreation pol cy affecting the citizens of both jurisdictions. BE IT FURTHER RESOLVED that the policy presently in effect regarding the North Salem/Glenvar Little League Baseball Program remain in full force and effect. I On motion of Supervisor Dodson and adopted by the following recorded vote: AYES: NAYS: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None IN RE: REFERRALS TO PLANNING COMMISSION I In a report to the Board, the County Executive advised that the follow ng petitions for rezoning and road closings were referred to the County Planning Co - mission since the previous Supervisors! meeting: Petition of A. T. Wil Iiams Oil Company, Inc. for rezoning from B-2 to B-3 of part of lots 7, 8, and 9, Section 2 of Richard Heights (3144 Brambleton Avenue), said lots presently owned by Brambleton Medical Associates. Petitioner wishes to operate a service station for the retain sale of petroleum products, no repair work would be done. Petition of Jack Waldeck for closing, vacation, discontinuance, and abandonment of a portion of Wayburn Drive as shown on the map of Secti n 2 of Montclair Estates. Petition of Eldridge M. Atkinson for rezoning from R-l to R-2 of a 0.86-acre tract on the west side of State Route 1110 (Locust Grove Lan) about 1,675 feet north off U.S. Route 11-460, 700 feet from WCL City 0 Salem so that a duplex dwelling may be built thereon. Petition of Lewis Restaurant Corporation for rezoning from R-3 and B-2 to B-3 of a tract of land presently owned by Branch-Shiver Partnership and located on the south side of Route 419 just west of Ogden Road so that a restaurant may be constructed and operated thereon. Petition of Donald J. and Charlotte H. Ridenhour for rezoning from B-2 to B-3 of a 0.646-acre tract on the north side of the 7300 block of Williamson Road, adjoining Salem Carpet Mills, Inc. on the west so tha a car wash may be constructed and operated thereon. Petition of LeRoy G. and Ann W. Lochner and Lester T. and Wanda G. Lineberry for closing and vacation of a section of Lawyer Drive as shown on the map of Barrister Estates. I RESOLUTION NO. 1842 AUTHORIZING EXECUTION OF AND THE FORWARDING TO AFFECTED POLITICAL SUBDIVISIONS OF AN AGREEMENT PROVIDING FOR NEW AND IMPROVED JAIL FACILITIES FOR ROANOKE COUNTY WHEREAS the Board of County Supervisors of Roanoke County has heretofo e recognized the need to obtain new and improved jail facil ities and services for IN RE: the County; and 8-9-77 1'20 I WHEREAS all members of the Board of County Supervisors, meeting in ope, pecia1 session at 11:00 a.m. and 5:30 p.m. on the 2nd day of August, 1977, in t County administrative office building at 302 East Main Street in Salem, irginia did duly consider all previously submitted proposals for the attainment f such new and improved jail faci 1ities and services for the County; and WHEREAS the Board of County Supervisors at such open, special meeting, ttended by all members of said Board, did resolve to reaffirm its proposal for agreement and cooperative effort with the City of Salem and Craig County t rect and otherwise provide for such new and improved jai 1 facilities and servic nd I WHEREAS the Board of County Supervisors desires to execute such a join greement and cooperative effort with the aforementioned political subdivisions; NOW, THEREFORE, BE IT RESOLVED that the Board of County Supervisors of oanoke County hereby approves the entry into a joint agreement and cooperative ffort among Roanoke County, the City of Salem, and Craig County for the provisi f such new and improved jail faci1ites and services, upon certain terms and con itions as contained in an agreement submitted to the Board of County Supervisor f Roanoke County by the County Executive in a report dated August 9, 1977; and BE IT FURTHER RESOLVED that the Chairman of the Board of County Super- isors of Roanoke County be, and he is hereby, authorized and directed to execut n behalf of all members of the Board, such joint agreement among Roanoke County he City of Salem, and Craig County; and BE IT FURTHER RESOLVED that the Clerk to the Board of County Superviso f Roanoke County be, and he is hereby, authorized and directed to attest to sam nd BE IT STILL FURTHER RESOLVED that the Clerk forward executed copies of aid agreement to the City of Salem and to the County of Craig for their conside and approval. On motion of Supervisor Dodson and adopted by the following recorded YES: NAYS: Mr. Compton, Mr. Dodson, Mr. Myers Mrs. Johnson, Mr. Tompkins IN RE: RESOLUTION NO. 1843 AUTHORIZING THE EMPLOYMENT OF CONSULTANTS TO PRE- PARE PLANS FOR A JAIL FACILITY FOR ROANOKE COUNTY I WHEREAS the Board of County Supervisors of Roanoke County is aware of the urgent need for the construction of a jail facility for Roanoke County; and WHEREAS the Board of County Supervisors is entering into an agreement ith the City of Salem and Craig County to provide for a joint jail facility; an WHEREAS the Board is of the opinion that consultants should be retaine to forthwith develop plans for the jail; and WHEREAS the Board is of the opinion that the firm of Vosbeck, Vosbeck, Kendrick, and Redinger is well qualified to prepare such plans and that an agree ment should be entered into with said firm providing for said firm's preparation of plans for the construction of said facility; NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the County Executive be, and he is hereby, authorized and directed to enter into an agreement with Vosbeck, Vosbeck, Kendrick and Redinger 1.2~1\ .... __' J..... 8-9-77 whereby said consultants agree to prepare plans for the construction of a jail facility in accordance with a letter of proposal dated 4 August, 1977, and said Agreement dated the 9th day of August, 1977. On motion of Supervisor Dodson and adopted by the following recorded vote: AYES: NAYS: IN RE: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None I AMENDMENT TO GENERAL APPROPRIATION RESOLUTION NO. 1844 On motion made by Supervisor Dodson, the General Appropriation Reso1ut on of Roanoke County, Virginia, adopted June 28, 1977, be, and the same is hereby, amended as follows to become effective August 9, 1977: DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Class: Expenditures Fund: General Operating Department: Capital Outlay Object: Development of Jail Department: Contingent Balance Object: Unappropriated Balance 6-0399A-999 Adopted by the following, recorded vote: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None AYES: NAYS: IN RE: 6-0319A-601F $ 202,290.00 (202,290.00) JAIL AGREEMENT I On motion of Supervisor Tompkins and the unanimous voice vote of the Board, the County Attorney was directed to render an opinion on whether a future Board could override the present Board1s decision regarding the jailor legally break the jail agreement. IN RE: POLICY FOR DATA PROCESSING LABELS Supervisor Compton moved that the County Administration be authorized to continue with its present policy of running data processing labels to County volunteer rescue squads and fire departments at lt~ per label. The motion was adopted by the following recorded vote: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None AYES: NAYS: IN RE: vote, the AYES: NAYS: EXECUTIVE SESSION At 9:50 p.m., on motion of Supervisor Compton and the following recorc d Board went into Executive Session to discuss pending litigation. Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None At 10:23 p.m., the Supervisors returned to the meeting room and on th€ motion of Supervisor Compton and the unanimous voice vote of the members, the Board reconvened in open session. IN RE: I PENDING LITIGATION After discussion of pending litigation in Executive Session, C. Dean Foster, Jr., County Attorney, advised that with the Supervisors' concurrence, former County Attorney Edward A. Natt will continue to represent Roanoke County in the following pending 1 itigations: 8-9-77 Iv2~Z. rvin L. Chilcoat v. Board of County Supervisors oard of County Supervisors v. City of Roanoke (Back Creek) . W. and Julia C. Powell v. Board of County Supervisors ity of Roanoke Sewer Litigation ewer Negotiations - Exchange with Roanoke (including water) TT Industrial Development Bonds All other matters involving Roanoke County will be handled by Mr. Fost he Supervisors concurred with the arrangement. I N RE: DELINQUENT REFUSE ACCOUNTS TO BE WRITTEN OFF Supervisor Tompkins moved that the Board concur with the recommendatio f the Director of Finance and authorize certain delinquent refuse accounts be ritten off in the total amount of $2,324.34. A copy of these refuse accounts iled with theminutes of this meeting. The motion was adopted by the following recorded vote: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers WHEREAS, the Director of Finance has, in report to the Board dated 1977, fi led the 1976 Delinquent Real Estate List and the 1976 Delinque ersonal Property list with the Board and has requested the Board to authorize dvertisement of the 1976 Delinquent Personal Property List and the 1974 Delinqu t Estate List; and WHEREAS, the Board desires to authorize the Department of Finance to said lists in accordance with the provisions of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors that Board receives and files the 1976 Delinquent Real Estate List and the 1976 Personal Property List. BE IT FURTHER RESOLVED that the Director of Finance is hereby authoriz directed to advertise the 1976 Delinquent Personal Property List and the 197 elinquent Real Estate List. BE IT FINALLY RESOLVED that the Director of Finance continue to collec the 1976 Real Estate Taxes without advertisement thereof. On motion of Supervisor Compton and adopted by the following recorded RESOLUTION NO. 1846 APPROVING THE PURCHASE, FROM RCA CORPORATION, OF 26 MOBILE RADIOS AT A COST OF $23,504.00 WHEREAS funds are included in the 1977-78 County budget for the purcha of mobile radios to be used by various departments of the County; and WHEREAS RCA Corporation, Mobile Communications Systems, Arlington, Virginia, was awarded a contract for fifteen (15) mobile radios in the 1976-77 budget year at $904.00 per unit; and WHEREAS the County requires twenty-six (26) new mobile radios this fis cal year and the RCA Corporation has agreed to extend its original bid of $904.0 YES: AYS: IN RE: I I IN RE: None RESOLUTION NO. 1845 RECEIVING AND FILING CERTAIN DELINQUENT LISTS AND AUTHORIZING THE ADVERTISEMENT THEREOF Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None 8-9-77 1_2~3'. per unit through the month of August, 1977, and the Director of Finance and the County Purchasing Supervisor, in their report dated August 9, 1977, recommend th purchase as hereinafter set out; NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that twenty-six (26) mobile radios be purchased from the RCA Corporation at a total cost of $23,504.00 and that the County Purchasing Supervi or III is hereby authorized to complete the necessary purchase order for these radios. On motion of Supervisor Dodson and adopted by the following recorded vote: AYES: NAYS: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None IN RE: RESOLUTION NO. 1847 AWARDING A CONTRACT FOR MAINTENANCE OF COUNTY- OWNED TYPEWRITERS THROUGH JUNE 30, 1978 WHEREAS funds are included in the 1977-78 budget for annual typewriter maintenance contract service to be utilized by various departments of the County and WHEREAS on Wednesday, July 27, 1977, at 2:00 p.m., bids were received and publicly opened in the office of the Department of Finance for the servicing of all County-owned typewriters and the Director of Finance and the County Pur- chasing Supervisor, in their report dated August 9, 1977, recommend the awarding of the bid as hereinafter set out; NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the bid of Olivetti Corporation of Roanoke, Virginia, for servicing of all County-owned typewriters at a cost of $37.80 per unit per year be, and the same is hereby, accepted and the County Executive is directed to notify the bidder of the acceptance of said bid and is authorized to execute the necessary contract for annual typewriter maintenance service. On motion of Supervisor Tompkins and adopted by the following recordec III vote: AYES: NAYS: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None IN RE: HIGHWAY DEPARTMENT On motion of Supervisor Johnson and the following recorded vote, the Virginia Department of Highways and Transportation was this date requested to accept the following streets in The Woodlands Subdivision, Section 3, into the State Secondary System in Highways in Roanoke County: Acorn Trai 1 from Crosstimbers Trail to end, a distance of 0.06 mile. Longleaf Drive from Crosstimbers Trail to end, a distance of 0.05 mi Ie. Crosstimbers Trail from 0.18 mile east of Cedar Crest Road to 0.05 mi Ie east of Acorn Trai 1, a distance of 0.15 mile. Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None III AYES: NAYS: 8-9-77 ;1}2~41 I IN RE: RESOLUTION NO. 1848 DESIGNATING THE NAME OF ROUTE 1578 AS POFF LANE WHEREAS, Route 1578 located 0.09 mile east of Tree Swallow Road off Route 800 (Chaparral Drive) and extending in an easterly direction for a directi n of 0.28 mi Ie, is presently unnamed and the Board of County Supervisors is desiro s to name said road Poff Lane, and WHEREAS, pursuant to Section 15.1-379 of the Code of Virginia, as amended, the governing body of any County authorized by resolution duly adopted may name streets, roads, alleys therein outside the corporate limits of towns, except those primary highways conforming to Section 33.1-12 of the Code of Vir- ginia, as amended. NOW, THEREFORE BE IT RESOLVED by the Board of County Supervisors of Roanoke County that Route 1578 extending in an easterly direction from Route 800 (Chaparral Drive) for a distance of 0.28 mi Ie be and hereby is officially named and designated as Poff Lane. On motion of Supervisor Johnson and adopted by the following recorded vote: AYES: NAYS: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None IN RE: RESOLUTION NO. 1849 AUTHORIZING THE PURCHASE OF A 20,000-GALLON WATER STORAGE TANK I WHEREAS the Board of County Supervisors of Roanoke County has hereto- fore acquired the water system from the Roanoke County Public Service Authority, including The Woodlands subdivision, and is in the process of developing a Count - wide water system; and WHEREAS, in a report from the Director of Engineering of the Authority and the County Executive, it has been recommended that the County purchase an available 20,000-gallon water storage tank from the former owners of the Ridgewo d Water Company in order to meet design requirements of the State Health Departmen and peak water demand in The Woodlands subdivision; and WHEREAS funds providing for this acquisition have been budgeted and th Board desires to make said purchase; NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the County Executive is hereby authorized to purchase from the former owners of the Ridgewood Water Company a 20,000-gallon water storage tank for the sum of $2,200 and arrange for its installation in the County water system serving The Woodlands subdivision. On motion of Supervisor Compton and adopted by the following recorded I vote: AYES: NAYS: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None IN RE: RESOLUTION NO. 1850 AUTHORIZING THE AWARDING OF A CONTRACT FOR WATER SYSTEM IMPROVEMENTS WHEREAS the Board of County Supervisors of Roanoke County has hereto- fore acquired the water system from the Roanoke County Public Service Authority and is in the process of developing a County-wide water system; and -I 8-9-77 12,5 WHEREAS the Roanoke County Public Service Authority, by letter ballot dated July 19, 1977, has recommended that the bid of E. C. Pace & Company in the amount of $14,692.50 for the construction of a connection between North Lakes We No.5 and North Lakes Drive, Project 77-6-W, be accepted; and WHEREAS funds providing for this construction have been budgeted and the Board desires to accept said bid; NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the bid of E. C. Pace & Company in the amount of $14,692.50 be, and the same is hereby, accepted and that the County Executive be authorized to execute the necessary papers providing for the award of said bid to said Com- pany for the construction of a connection between North Lakes Well No.5 and the North Lakes distribution system. On motion of Supervisor Tompkins and adopted by the foIl lowing recordE I vote: AYES: NAYS: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None RESOLUTION NO. 1851 CONCURRING IN THE SALE OF A PARCEL OF LAND OWNED E THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY TO THE COMMONWEALTH OF VIRGINIA FOR HIGHWAY PURPOSES WHEREAS the Commonwealth of Virginia has requested the School Board of Roanoke County to convey to said Commonwealth a parcel of land containing appro) - mately 463 square feet situate on the south side of State Route 221 in order to provide for the improvement of said road; and WHEREAS the County School Board of Roanoke County, by resolution adopt d on July 14, 1977, approved such conveyance and requested the unanimous consent of the Board of County Supervisors; IN RE: I NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the said Board hereby concurs in and approves the conveyancE of a parcel of land contianing 463 square feet, more or less, to the Commonweal of Virginia for purposes of improvement of State Route 221 for the consideratior of $1,310.00. On motion of Supervisor Compton and adopted by the following recorded vote: AYES: NAYS: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None RESOLUT I ON NO. 1852 REQUEST I NG THE HIGHWAY DEPARTMENT TO GIVE PR I OR IT STATUS TO IMPROVING ALL STREETS WITHIN THE CASTLE HILL AND MOUNT VERN N SUBDIVISIONS WHEREAS, the Board of County Supervisors is of opinion that all stree ~ within the Castle Hi 11 and Mount Vernon Subdivisions, Cave Spring Magisterial IN RE: I District, are in need of repair and plant mix resurfacing in order to make said sroads safe for vehicular traffic; and WHEREAS, the Board of County Supervisors desires to request the Virgi ia Department of Highways and Transportation to consider giving priority status to applying plant mix on all said roads. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors tha said Board hereby respectfully requests the Virginia Department of Highways and 8-9-77 r L6 I Transportation to give priority status to improving the storm drainage systems, repairing and applying a plant mix surface to all roads within the Castle Hill and Mount Vernon Subdivisions in the Cave Spring Magisterial District of Roanoke County in order to make said roads adequate and safe for vehicular traffic. BE IT FURTHER RESOLVED that a certified copy of this resolution be transmitted to the Virginia Department of Highways and Transportation. On motion of Supervisor Johnson and adopted by the following recorded vote: AYES: NAYS: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None IN RE: ORCHARDS AND LA BELLEVUE SUBDIVISIONS Supervisor Tompkins moved that the Board go on record as opposing the connecting of any roads between the Orchards and La Bellevue Subdivisions in the Vinton District. The motion was adopted by the following recorded vote: Mr. Compton, Mr. Dodson, Mrs. Johnson, Mr. Tompkins, Mr. Myers None AYES: NAYS: IN RE: SUBDIVISION STREETS I Supervisor Tompkins directed the County Engineer to proceed with whatever legal action necessary to bring Stacy Drive, Section 8, and Terry Drive Section 9, Bali Ha'i Subdivision, Vinton District, up to State standards. I IN RE: RESOLUTION NO. 1853 RECOGNIZING THE SERVICE OF JAMES M. COLBY AS A CITIZEN MEMBER REPRESENTING ROANOKE COUNTY ON THE FIFTH PLANNING DIS- TRICT COMMISSION WHEREAS James M. Colby was appointed on June 8, 1976, for a three-year term beginning July 1, 1976, to serve as a citizen member of the Fifth Planning District Commission to represent Roanoke County; and WHEREAS, as the result of his employment by the United States Departme t of the Interior, Mr. Colby will be leaving this area and has announced his resig nation from the Fifth Planning District Commission; and WHEREAS the Board of County Supervisors wishes to acknowledge, for themselves and on behalf of the citizens of Roanoke County, the valuable contri- butions Mr. Colby has been able to make whi le serving on this Commission; NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that said Board hereby expresses its sincere appreciation for the public-spirited service rendered by James M. Colby and further hereby conveys tc Mr. Colby its warmest wishes for every success in his future endeavors. BE IT FURTHER RESOLVED that a certified copy of this resolution be sent to Mr. Colby. The foregoing resolution was adopted on motion of Supervisor Compton and the unanimous voice vote of the Board. 8-9-77 l~~ IN RE: CITIZEN MEMBER - FIFTH PLANNING DISTRICT COMMISSION On motion of Supervisor Tompkins and the unanimous voice vote of the Board, Supervisor R. Wayne Compton was appointed in the interim to represent Roanoke County on the Executive Committee of the Fifth Planning District Commis sion. Consideration of a replacement for Mr. James M. Colby, who resigned as the County's citizen member on ~id Commission was continued to the September 13 meeting. I This concluded the business before the Board at this time, and on the motion of Supervisor Compton and the unanimous voice vote of the members, the meeting was adjourned at 11:10 p.m. CHAIRMAN I I