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5/11/1976 - Regular - 5-11-76 \10 l Salem-Roanoke Valley Civic Center Salem, Virginia Hay 11, 1976 7:00 p.m. The Board of County Supervisors of Roanoke County, Virginia, met this day in open session at the Salem-Roanoke Valley Civic Center in Salem, Virginia, this being the second Tuesday and the first regular meeting of the IIDnth. I MEl'.ffiERS PRESENT: Chairman May \'1. Johnson, Vice-Chairman E. Deal Tompkin R. Wayne Compton, C. Lawrence Dodson and Robert E. Myers. Chairman Johnson called the meeting to order at 7:00 p.m. and recognized Reverend Paris E. Bain, Vinton Church of the Bret...rrren, who offered the invocation. The Pledge of Allegiance to the flag was given in unison. On IIDtion of Supervisor Myers and the unaniIIDus voice vote of the Board, the minutes of the regular meeting of April 27, 1976 were approved as spread. IN RE: APPLICATION OF EMME'IT SHERILL (ORIGINALLY IN THE NAHE OF SPECIAL INVES'INENTS CORPORATION) FOR A SPECIAL EXCEPTION 'ill PARK I\ HOBILE HOME ON A 6.64-ACRE TRACT u:x:::ATED ON THE SOUI'H SIDE OF STATE ROU'IE 912, 600 FEET EAST OF STATE ROUTE: 311 IN THE MASON COVE AREA APPROVED Supervisor Myers IIDVed that the application of Enmett Sheri 11 be approv I subj ect to the provisions of the County Zoning Ordinance as it pertains to IIDbile homes. The IIDtion was adopted by the follCMing recorded vote: AYES: ~.tr. Compton, r.tr. Dodson, t.tr. Myers, Mr. Tanpkins, r.trs. Johnson NAYS: None Mr. Sherill was present at the hearing. There was no opposition. IN RE: APPLICATION OF DONAID H. MARTIN FOR A SPECIAL EXCEPTION 'ill PARK AlI10BILE HO~1E ON A 19.1-ACRE TRACT u:x:::ATED ON THE SOUI'H SIDE OF EASTlAND ROAD IN THE RIVERDALE CCM'-IDNITY, O. 3 ~ULE BEYOND THE END OF STATE MAINTENANCE ON HILL AVENUE (STATE ROU'IE 928) APPROVED Supervisor Tompkins IIDVed that the application of Donald H .~.1artin be approved subject to the provisions of the County Zoning Ordinance as it pertains I to IIDbile homes. The mtion was adopted by the follo.ving recorded vote: AYES: Mr. Compton, Mr. Dodson, Br. ~1yers, lItr. Tanpkins, Mrs. Johnson NAYS: None Mr. Martin was present at the hearing. There was no opposition. 5-11-76 ... IN RE: PEI'ITION OF DELlA M. THOMPSON FOR REZONING THREE ACRES OF lAND ~TED IN 'IWO TRACTS BEING THE SOUTHERLY PORI'ION OF r.ar 4 AND NORTHERLY PORTION OF r.ar 5, SECTION 26, ACCORDING 'ill THE HAP OF RIVERDALE FARM CORPORATION AND ~TED ON HIIL AVENUE, S.E. FROH RE 'ill R-2 IN ORDER 'ill CONSTRUCT 'IWO FAMILY IWEILINGS FINAL ORDER I At a meeting of the Board of Supervisors of Roanoke County, held on the 11th day of Hay, 1976. WHEREAS, Della M. Thompson petitioned this Board and requested that the Roanoke County Zoning Ordinance be amended so as to provide that certain property described in said petition be rezoned and reclassified as Residential District R-2, which petition was filed at a regular meeting of this Board held on April 13, 1976, and by order entered that day was referred to the Planning Corrmission of Roanoke County for its recommendation, in accordance with the provisions of the 1950 Code of Virginia, as amended; and WHEREAS, the said Planning Corrmission by a resolution adopted at a meeting held on April 20, 1976, after hearing evidence touching on the merits of said petition, recommended to this Board that said County Zoning Ordinance be amended so as to change the classification of the property described in said I petition frcm Residential Estates RE to Residential District R-2; and WHEREAS, the Board of Supervisors of Roanoke County did, by an order entered on the 21st day of April, 1976, direct the clerk of this Board to forth wi set the same down for a public hearing at the next regular meeting of this Board and give notice thereof by publication in accordance with the County Zoning Ordin- ance and the 1950 Code of Virginia, as amended; and WHEREAS, the clerk of this Board did set the regular meeting of this Board, held on May 11, 1976, as the time and date for a public hearing on the aforesaid proposed amendment to said County Zoning Ordinance and advertised the same by notice duly published in The World-News, a newspaper having a general circulation in the County of Roanoke, Virginia, as provided by said order of this Board and in accordance with said ordinance and the 1950 Code of Virginia, as I amended; and WHEREAS, said public hearing was held on the proposed amendment on the 11th day of ~BY, 1976; and WHEREAS, this Board, after giving careful consideration to said petition and to said recanrrendation after hearing evidence touching on the merits of the said proposed amendment to the County Zoning Ordinance, being of the opinion that said County Zoning Ordinance should be amended as requested in said petition and .. 5-11-76 t!u3 as recomnended by said Planning Carnnission. New, THEREFORE, BE IT RESOLVED AND ORDRlillJ that at this meeting of the Board of Supervisors of Roanoke County, Virginia, held on the 11th day of May, 1976, the said County Zoning Ordinance be, and the same is hereby amended so as to reclassify the property described in said petition from Residential Estates RE I to Residential District R- 2 in order that said property might be more fully and reasonably used, the said property being located in the County of Roanoke, State of Virginia, and more particularly described as follows, to-wit: BEGINNING at a point on the westerly side of Hill Avenue, 900 feet southerly, as measured along the said westerly side of Hill Avenue fram the point of intersection of same with D.~e southerly side of Eastland Road; thence along the said westerly side of Hill Avenue, S. 29 degs. 46" E. 240 feet to a point being the extreme southerly end of Hill Avenue as shown upon recorded plat of Riverdale Fann Corp- oration; thence with a line being the westerly side of Hill Avenue produced, S. 29 degs. 46' E. 8 feet to a ooint; thence leaving the line of said Hill Avenue produced, and with a new division line through original Lot 5, Section 26, Riverdale Fann Corporation Hap, S. 60 degs. 14' W. 550 feet, more or less, to an iron pipe corner on the westerly outside boundary line of the Ri verdale Fann Corporation property and on the easterly boundary line of the original Bowles land (this iron pipe corner is 2 feet northwest of a marked 6" dogwood tree); thence with said boundary line, N. 20 degs. 40' W. 252 feet to a point; thence leaving said outside boundary line and with a line along the center line of Lot 4, and a northerly portion of Lot 5, Section 26, according to the map of Riverdale Fann Corporation property, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 2, page 83 1/2. I BE IT FURTHER RESOLVED and ORDERED that the Clerk of this Board shall forthwith certify a copy of this resolution and order to the Secretary of the Planning Camnission of Roanoke County, Virginia, and a copy to Della H. Thcmpson, the Petitioner. On motion of Supervisor Tompkins and adopted by the following recorded vote: AYES: I'1Jr. Ccmpton, Mr. Dodson, ~.IJr. Myers, Mr. Tcmpkins, JllJrs. Johnson NAYS: None In relation to the above request for rezoning, Hrs. Thc:mpson and her son were present at the hearing. There was no opposition. IN RE: PETITION OF PERDUE CABINET SHOP, INC. FOR REZONING THE MAJOR PORTION OF wrs 9, 10 AND 11, BI.CX:J< 4, BRAMBLEION Q)URT SUBDIVISION (3223 BRAHBhP,ffiN AVENUE) FROM B-2 TO M-l SO THAT AN AU'I'OT'lOBILE REPAIR SHOP MAY BE OPERATED THEREON I FINAL ORDER At the meeting of the Board of Supervisors of Roanoke County, Virginia, held at the Roanoke Valley Civic Center, on the 11th day of May, 1976: 5-11-76 .. I WHEREAS, PERDUE CABINET' SHOP, mc., did petition the Board of Supervisors of Roanoke County to rezone certain property described in said petition, and to amend the Zoning Ordinance of Roanoke County so as to provide that certain propert described in said petition be rezoned fram Business District B-2 to Industrial District M-l, which petition was filed at the regular meeting of this Board on the lOth day of February, 1976, and referred on that day to the Planning Camlission of Roanoke County for recorrmendation in accordance with the provisions of the Code of Virginia, as amended; and WHEREAS, said Planning Canmission by resolution adopted at a meeting hel on the 20th day of April, 1976, after due advertisement and after hearing evidence touching on the rreri ts of said Petition, reconmended to this Board that said Count Zoning Ordinance be amended so as to change the classification of the property described in said petition from Business District B-2 to Industrial District M-l; and I WHEREAS, the Board of Supervisors of Roanoke County did by its Order entered on the 19th day of February, 1976, as aforesaid, order that the Clerk of this Board, upon receipt of said recommendation from the Planning Canmission, forthwith set the same down for a public hearing at the next penmssible regular or special rreeting of this Board, and give notice thereof by publication in accordance with the County Zoning Ordinance and the 1950 Code of Virginia, as amended; and WHEREAS, the Clerk of this Board did set the regular rreeting of this Board held on the 11th day of May, 1976, at 7:00 p.m. as the date and time for public hearing on the aforesaid proposed amendment to the said County Zoning Ordinance and adveritsed the same by notice duly published in the Roanoke World- News, a newspaper having general circulation in the City and County of Roanoke, Virginia, for two insertions on the 28th day of April, 1976 and on the 5th day of Hay, 1976, as required by said Order of this Board and in accordance with the provisions of the 1950 Code of Virginia, as amended; and WHEREAS, said public hearing was this day had on the said proposed amendment; and WHEREAS, this Board after giving careful consideration to said Petition and to said Recorrmendation of the Planning Canmission, and hearing evidence touchi on the merits of said proposed amendment, being of the opinion that said County Zoning Ordinance should be amended. I - 5-11-76 '10 ~ NCM, THEREFORE, BE IT RESOLVED A-l'ID ORDERED that at this meeting of the Board of Supervisors of Roanoke County, Virginia, held on the 11th day of ~1ay, 1976, the said Roanoke County Zoning Ordinance be, and the same is hereby amended so as to reclassify the hereinafter described property from Business District B-2 to Industrial District H-l, which property is described as follows, to-wit: Located in the County of Roanoke, Virginia: I Being "t-ne major portion of Lots 9, 10 and 11, Block 4, according to the Plat of Brarnbleton Court, which plat is recorded in Plat Book 3, page 122, in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia. and it is, accordingly, so RESOLVED and ORDERED. AND 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 Ccmnission of Roanoke County, Virginia, and a copy to W. H. Fralin, Attorney for Petitioner. On motion of Supervisor Dodson and adopted by the following recorded vote: AYES: Mr. Campton, Mr. Dodson, Mr. Myers, ~1r. Tcmpkins, ~1rs. Johnson NAYS: None In relation to the above request for rezoning, Mr. W. H. Fralin, Attorne , I appeared on behalf of the petitioner. There was no opposition. IN RE: PETITION OF CHARLES R. SIMPSON, INC. TO CONSTRUCT AND OPERATE A PLACE OF PUBLIC M1USEMENT AS PROVIDED IN SECTION 21-67 OF THE ROA.l\JOKE COUNTY CODE ON PROPERTY ALREADY ZONED B-2 AND LOCATED ON THE NORTH SIDE OF BRAHBLE'IDN AVENUE (ROUTE 221), DIRECTLY EAST OF PROPERTY OCCUPIED BY ~1CX)RE' S SUPER STORES UPON THE TERMS AND CONDITIONS CONTAINED IN THE APPROVED USE PERMIT 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, on Tuesday, ~y 11, 1976, at 7:00 p.m., a petition concerning the same having been previously filed with the Board of Supervisors referred to th Planning Carmission of Roanoke County, and upon notice and public hearing before the Planning Ccmnission and recormnendation of the Planning Carmission, and upon I notice of public hearing before the Board of Supervisors advertised and held on th 11th day of Hay, 1976, at 7:00 p.m., all as required by law, and upon the appear- ance of the Petitioner and the recarmnendation of the Planning Ccmnission, and the 5-11-76 _:j .}u6 - .. Board having heard and weighed the evidence in the case and being of the opinion that the granting of the special use pennit in question would be in accord with the laws of the Ccmronwealth of Virginia and consistent with the zoning Ordinance of the County of Roanoke and in keeping with the existing character and land use I of the area in question, the premises now being zoned Business B-2 in accordance with the Zoning Ordinance of the County of Roanoke, Virginia, it is accordingly: ORDERED that the Petitioner, its heirs, successors and assigns, be, and hereby is, granted a special use penni t for the operation of a place of public amusement pursuant to Section 21-67, Subparagraph 6, of the Roanoke County Code, for the following described parcel of land: BEGINNING at a point on the westerly side of U. S. 221 (Brambleton Avenue), a portion of the property of Southern rand Ccmpany, directly adjacent to the line of property now occupied by Moore's Super Stores; thence leaving Brambleton Avenue N. 32 degs. 00' W. 340 feet to a point; thence N. 58 degs. 00' E. 130 feet to a point; thence S. 32 degs. 00' E. 340 feet to a point on the westerly side of Brambleton Avenue; thence south along the westerly side of Brambleton Avenue S. 58 degs. 00' W. 130 feet to the point and place of BEGINNING; and, Being the same property to be conveyed to Charles R. Simpson, Inc., by Southern rand Carrpany. I The special use herein is subject to the following special requirements and regulations: (1) A fence shall be constructed along the boundary of the property from the rear-building line of the property to the rear boundary thereof, along the rear boundary thereof and thence to the rear-building line of the property. (2) Exterior lighting located to the rear of the rear-building line of the premises shall be designed to be directed away from the residences located to the rear of the premises and, further, to minimize the lighting impact upon said residences, all subject to the approval of the County Engineer, who shall inspect the same and give approval in writing thereof. (3) The hours of operation of public amusements on the exterior of sai premises shall be as follows: I From 11:00 a.m. through 9:00 p.m. Monday through Thursday, and 11:00 a.m. through 12:00 midnight Friday, Saturday and Sunday, except from the period beginning the last :Monday in May of each year and extending through, and including, the first Monday in September of each year during which period the hours of daily operation of the exterior public amusements shall be from 11:00 a.m. until 12:00 midnight. Adopted on rrotion of Supervisor Dodson and the following recorded vote: AYES: Mr. Canpton, Mr. Dodson, r-.1r. Myers, ~1r. Tompkins, Mrs. Johnson NAYS: None - 5-11-76 ~10 7 In relation to the above request, ~tr. Charles H. Osterhoudt, Attorney, appeared on behalf of the petitioner. ~tr. Joseph Nash, area resident, expressed some concern over possible late hours of operation. ~tr. Nash was advised that th hours of operation would be set by the Board and would not exceed midnight on any given evening. ~tr. G. '[:'1. OVerstreet, area resident, objected to children possibl taking a short cut through his yard to get to t..'le property in question. He was I assured that said property would have adequate fencing surrounding it; this too is a condition of the permit imposed upon by the Board. IN RE: PETITION OF JN1ES L. AND BRENDA D. HARTIN FOR * REZONING APPROXIMATELY 0.66 ACRE LOCATED ON THE* WEST SIDE OF ROUTE 864 AT THE INIERSECTION WITH* ROUTE 622 (BRADSHAW ROAD) FROM R-3 TO B-2 SO * THAT A RETAIL BUSINESS GROCERY STORE MAY BE * CONSTRUCTED THEREON * FINAL ORDER At a meeting of the Board of Supervisors of Roanoke County, held on the 11th day of ~~y, 1976. WHEREAS, James L. Martin and Brenda D. Martin, husband and wife, peti- tioned this Board and requested that the Roanoke County Zoning Ordinance be amended so as to provide that certain property described in said petition be rezoned and reclassified as Business District B-2, which Petition was referred to the Board of Supervisors and by Order entered referred to the Planning Ccmnis- I sion of Roanoke County for its recorrmendation, in accordance with the provisions of the 1950 Code of Virginia, as amended; and WHEREAS, the said Planning Comnission by resolution adopted at a meetin held on April 20, 1976, after hearing evidence touching on the merits of said Petition, reccmnended to this Board that said County Zoning Ordinance be amended so as to change the classification of the property described in said Petition from Residential Estates RE to Business District B-2; and WHEREAS, the Board of Supervisors of Roanoke County did direct the Clerk of this Board to forthwith set the same down for public hearing at the next regular meeting of this Board and give notice thereof by publication in accordance with the County Zoning Ordinance and the 1950 Code of Virginia as WHEREAS, the Clerk of this Board did set the regular meeting of this I amended; and Board held on May 11, 1976, as the time and date for a public hearing on the aforesaid proposed amendment to the said County Zoning Ordinance and advertise the same by notice duly published in the Roanoke World News, a newspaper having -'~ 5-11-76 ,lu g a general circulation in the County of Roanoke, Virginia, as provided by said Orde of this Board and in accordance with said Ordinance and the 1950 Code of Virginia, as amended; and WHEREAS, said public hearing was held on the proposed amendment on the I 11th day of May, 1976; and WHEREAS, this Board, after giving careful consideration to said Petition and to said recorrmendation after hearing evidence touching on the Irerits of the said proposed amendment to the County Zoning Ordinance, being of t.l1e opinion that said County Zoning Ordinance should be amended as requested in said Petition and as recorrmended by said Planning Ccmnission. NCW, THEREFORE, BE IT RESOLVED and ORDERED that at this Ireeting of the Board of Supervisors of Roanoke County, Virginia, held on the 11th day of May, 1976, the said County Zoning Ordinance be, and the same is hereby amended so as to reclassify the property described in said Petition from Residential Estates RE to Business District B-2 in order that said property might be rrore fully and reason- ably used, the said property being rrore Particularly described as follows, to-wit: I BEGINNING at a point in the intersection of Cove Road and New Castle Turnpike (Virginia Highway Route Number 311); thence S. 8 degs. 30' W., passing ThD and one-half feet west from an oak stmnp at 17 feet, following the existing fenced line, along the easterly side of Hane's private road, in all a total distance of 211. 5 feet to an iron pipe by a fence post; thence with two new division lines through the property of James Adkins and wife, S. 71 degs. 17' E. 119.6 feet to an iron pipe corner; thence along the west side of a private lane, N. 32 degs. 50 ' E. passing through the west gate post at 107 feet in all a total distance of 155 feet to a point in the aforesaid New Castle Turnpike (Virginia Highway Route 311); thence along said Highway N. 55 degs. 00' W. 203.8 feet to the place of beginning and containing two-thirds of an acre, more or less. 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 Ccmnission of Roanoke County and a copy to Charles B. Phillips, Attorney for Petitioners. The foregoing was adopted on motion of Supervisor Hyers and the followin I recorded vote: AYES: Mr. Compton, Mr. Dodson, r-tr. Myers, Mr. Tompkins, Mrs. Johnson NAYS: None In relation to the above request for rezoning, Mr. Charles B. Phillips, Attorney, appeared on behalf of the petitioners. There was no opposition. -: 5-11-76 '109 IN RE: PETITION OF CHARLES E. AND JOSEPHINE A. GOFF AND ROBERT M. AND PATRICE\. L. SHROPSHIRE: TO CIDSE, VACATE AND ABANOON A 50 FCX)T ~VIDE UNIMPROVED STREET KNCWN AS STARMONT DRIVE AS : SHCWN ON THE MAP OF WES'IWARD LAKE ESTATES A..ND: LOCATED ON THE WEST SIDE OF STATE ROUTE 643 FINAL ORDER At a meeting of the Board of Supervisors of Roanoke County, held on the WHEREAS, Charles E. Goff and Josephine A. ('.,off, and Robert M. Shropshire I 11th day of ~1ay, 1976. Jr. and Patricia L. Shropshire, petitioned this Board and asked that the 50 foot unopened alley known as Stanront Drive be vacated and that the parties hereto be declared the owners in said street. That said Petition was filed at the regular meeting of this Board and was later, by Order entered, referred to the Planning Corrmission of Roanoke County for its recomnendation, in accordance with the pro- visions of the 1950 Code of Virginia, as amended; and WHEREAS, the Planning Comnission, by resolution adopted at a meeting held on April 20, 1976, after hearing evidence touching on the merits of said Petition, recomnended to this Board that an ordinance be passed to vacate Stanront Drive as shO\,yn on the map of Westward Lake Estates; and WHEREAS, the Board of Supervisors of Roanoke County did direct the Clerk I of this Board to fort..hwi th set the same down for public hearing at the next regu- lar meeting of this Board, and give notice thereof by publication in accordance with the County Zoning Ordinance and the 1950 Code of Virginia, as amended; and WHEREAS, the Clerk of this Board did set the regular meeting of this Board held on r-1ay 11, 1976, as the time and date for a public hearing on the afore said proposed amendment to the said County Zoning Ordinance and advertise the same by notice duly published in the Roanoke World News, a newspaper having a general circulation in the County of Roanoke, Virginia, as provided by said Order of this Board and in accordance with said Ordinance and the 1950 Code of Virginia, as amended; and WHEREAS, said public hearing was held on the proposed amendment on the 11th day of ~1ay, 1976; and WHEREAS, this Board, after giving careful consideration to said Petition I and to said recomnendation after hearing evidence touching on the merits of the proposed ordinance, said Board being of the opinion that said County Zoning Ordin- ance should be amended as requested in said Petition and as recomnended by said Planning Commission. 5-11-76 BE IT ORDAINED by the Board of Supervisors for the County of Roanoke tha Starrront Drive, an unopened street, situate in the County of Roanoke, Virginia, in the WestWard Lake Subdivision as shawn on Hap made by T. P. Parker, State Certifi Engineer, date November 15, 1951, and recorded in the Clerk's Office of the Circui I Court for the County of Roanoke, Virginia, in Plat Book 3, page 87, be, and the same is hereby vacated pursuant to the Ordinances of the County of Roanoke and the appropriate Statutes of the Virginia Code, as amended to date. 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 Carnnission of Roanoke County, Virginia, and a copy to Charles B. Phillips Attorney for Petitioners. The foregoing resolution was adopted on motion of Supervisor Myers and the following recorded vote: AYES: Mr. Carpton, Mr. Dodson, Mr. Myers, Mr. Tarpkins, Hrs. Johnson NAYS: None In relation to the above request, Br. Charles B. Phillips, Attorney, appeared on behalf of the petitioners. There was no opposition. I IN RE: PETITION OF JOE C. BRarvN AND DENNIS H. CARI'ER FOR REZONING 'IWO PARCEIS OF lAND LCX::ATED ON THE EAST SIDE OF roUTE 311, 0.2 MILE NORI'H OF roUTE 864 FROM RE TO M-l SO THAT AN AUTOMOBILE REPAIR GARAGE MAY BE OPERATED THEREON FINAL ORDER At a meeting of the Board of Supervisors of Roanoke County, held on the 11th day of ~BY, 1976. WHEREAS, Joe C. Brawn and Dennis H. Carter petitioned this Board and requested that the Roanoke County Zoning Ordinance be amended so as to provide tha certain property described in said Petition be rezoned and reclassified as ~Bnufac turing M-l and/or Manufacturing M-2, which Petition was filed at the regular meet- ing of this Board and by Order entered, was referred to the Planning Cornnission of Roanoke County for its recorrmendation, in accordance with the provisions of the 1950 Code of Virginia, as amended; and I WHEREAS, the said Planning Cornnission by resolution adopted at a meeting held on April 20, 1976, after hearing evidence touching on the merits of said Petition, recorrmended to this Board that said County Zoning Ordinance not be amended so as to change the classification of the property described in said Petition from Residential Estates (RE) to Industrial District M-l or Industrial District M-2; and .. , . I \i 1 1 5-11-76 WHEREAS, the Board of Supervisors of Roanoke County did direct the Clerk of this Board to forthwith set the same down for public hearing at the next regula meeting of this Board and give notice thereof by publication in accordance with the County Zoning Ordinance and the 1950 Code of Virginia, as amended; and WHEREAS, the Clerk of this Board did set the regular meeting of this I Board held on May 11, 1976, as the time and date for a public hearing on the afore said proposed amendment to the said County Zoning Ordinance and advertise the same by notice duly published in the Roanoke World News, a newspaper having a general circulation in the County of Roanoke, Virginia, as provided by said Order of this Board and in accordance with said Ordinance and the 1950 Code of Virginia, as amended; and WHEREAS, said public hearing was held on the proposed amendment on the 11th day of ~1ay, 1976; and WHEREAS, this Board, after giving careful consideration to said Petition and to said recanmendation after hearing evidence touching on the merits of the said proposed amendment to the County Zoning Ordinance, being of the opinion that said County Zoning Ordinance should be arrended as requested in said Petition. NOW, THEREFORE, BE IT RESOLVED and ORDERED that at this meeting of the I Board of Supervisors of Roanoke County, Virginia, held on the 11th day of May, 1976, the said County Zoning Ordinance be, and the said is hereby amended so as to reclassify the property described in said Petition from Residential Estates (RE) to Industrial Manufacturing M-l in order that said property might be rrore fully and reasonably used, the said property being rrore particularly described as follows, to-wit: PARCEL NO. 1 BEGINNING at a point on the east side of Virginia State Route No. 311, where it intersects with the west side of the old N & WRy. Catawba Branch Railroad right of way now awned by the Commonwealth of Virginia; thence with the west line of the old railroad right of way, S. 14 degs. 56' E. 263 feet to a point; thence S. 76 degs. 26' W. 17 feet, rrore or less, to a point on the east side of Route 311; thence with the east side of Route 311, N. 11 degs. 14' W. 263.1 feet to the place of BEGINNING; and being Parcel No. 3 as shawn on a plat of survey made for Cornell Moore by T. P. Parker, S.C.E., dated July 2, 1958; and recorded in Deed Book 660, page 177. I PARCEL NO. 2 BEGINNING at an iron on the east side of the old N & WRy. Catawba Branch Railroad right of way now awned by the Cc:mnonwealth of Virginia, corner to Lyman E. Danner property and being the northwest corner to the Cornell Hoore property; thence with 5-11-76 .. 112 I the line between the Moare and Danner praperties, N. 78 degs. 15' E. 220.0 feet ta an iran; thence wi th the line .of the vJilliam Smith praperty, S. 4 degs. 07' E. 284.8 feet ta an iran; corner ta Parcel Na. 2 now awned by C. H. Custer; thence with the line .of the Custer praperty, S. 76 degs. 26' W. 167 feet ta an iran an the east side .of the .old railraad right .of way now awned by the Camrrmwealth .of Virginia; thence with the line .of the right .of way N. 14 deg. 56' W. 286. 3 feet ta the place .of BEGINNING; and, being all .of Parcel Na. 4 as shawn an a plat .of survey made far Carnell ~1oore by T. P. Parker, S. C. E., dated July 2, 1958, and recarded in Deed Book 660, page 177. BE IT FURTHER RESOLVED and ORDERED that the Clerk .of this Board shall farthwith certify a capy .of this Resalutian and Order ta the Secretary .of the Planning Carmissian .of Roanake Caunty, Virginia, and a capy ta Charles H. Phillips, Attarney far Petitianers. The faregaing resalutian was adapted an motian .of Supervisar Myers and the fallowing recarded vate: AYES: Mr. Camptan, Mr. Dcx:lsan, Mr. Myers, I-1r. Tcmpkins, Mrs. Jahnsan NAYS: Nane In relatian ta the above request far rezoning, Mr. Charles B. Phillips, Attarney, appeared an behalf .of the Peti tianers . There was na apposi tian. I IN RE: PETITION OF CARRIE B. AND FRANK E. MCOONALD FOR REZONING A ONE-ACRE TRACT OF lAND LOCATED 447 FEET: SOUI'H OF STATE ROUTE 634 (HARDY ROAD) FROM A-l TO B- 2 SO THAT A FURNITURE STORE MAY BE OPERATED THEREON FINAL ORDER At a meeting .of the Board .of Caunty Supervisars .of Roanake Caunty, Virginia, held at the Salem-Roanake Valley Civic Center in Salem, Virginia, an Hay 11, 1976. WHEREAS, Carrie B. McDonald and Frank E. McDonald peti tianed this Board and requested that the Caunty Zaning Ordinance .of Roanake Caunty be amended and hereinafter more particularly described, be rezaned and reclassified as Business District B-2 praperty, which petitian was filed at a regular meeting .of this Board an August 13, 1974, and by .order entered an that date was referred ta the Planning Carmissian .of Roanoke Caunty far recorrmendatian in accardance with the pravisians I .of the Code .of Virginia; and WHEREAS, the Planning Carmissian, by resalutian adapted at a meeting helc an September 17, 1974, after giving public natice, and after hearing evidence tauching an the merits .of said petitian, at its regular meeting an September 17, 1974, recommended ta this Board that the Caunty Zaning Ordinance nat be amended and that the requested rezaning change be denied but further recorrmended that a special use pennit be granted .operate a furniture stare at the requested locatian - . ~113 5-11-76 for a period of five years upon certain conditions, more particularly set forth in the recorrmendation heretofore filed; and WHEREAS, the Board of County SUT?ervisors did, by its order entered on August 13, 1974 as aforesaid, order that the Clerk of this Board, upon receipt of the recc:mnendation from the Planning Corrrnission, forthwith set the same down for a I public hearing at the next pennissible regular or special meeting of this Board and give notice thereof by publication in accordance with the Roanoke County Zonin Ordinance and the Code of Virginia; and WHEREAS, the Clerk of this Board did set the regular meeting of this Board to be held on May 11, 1976 at 7:00 p.m. as the date and time for the public hearing on the aforesaid proposed amendrrent to the said County zoning Ordinance and advertised the same by notice duly published in the Roanoke World News news- paper on April 27, 1976 and May 4, 1976, which paper has general circulation in the County of Roanoke, Virginia, all of which is required by said order of this Board and in accordance with the provisions of the said County Zoning Ordinance and the Code of Virginia; and WHEREAS, said public hearing was this date had on said proposed amend- I ment to the County Zoning Ordinance by this Board after notice thereof was duly published as aforesaid, and the Board, after giving careful consideration to said petition and to the recc:mnendation of the Planning Canmission and after hearing the evidence touching on the merits of the proposed amendment to said County Zoning Ordinance, is of the opinion that the County Zoning Ordinance should be amended as requested in said petition. NCW, THEREFORE, BE IT RESOLVED and ORDERED that at this meeting of t.'1e Board of County Supervisors of Roanoke County, Virginia, held on this the 11th day of .May, 1976, the said County Zoning Ordinance be, and the same is hereby, amended to reclassify the property hereinafter described to Business District B-2 property in order that the said property and any buildings on said property my be used for Business District B-2 purposes as defined by the said Roanoke County The property hereby classified as Business District B-2 is located I Zoning Ordinance. approximately 447 feet south of Virginia Secondary Route No. 634 (Hardy Road) on the west side of the property OvVlled by Mr. and Mrs. Joseph A. Gillespie and includes the 50 foot road easement from Virginia Secondary Route 634 to the one acre tract which is more particularly described as follows, to-wit: BEGINNING at a point on south side of new location of Virginia Secondary Route 634, which point is the western 5-11-76 ~I j~ 1]: 4 I boundary line of IDt 1, Frank E. HcDonald, Jr., map recorded with deed in Deed Book 760, page 447; thence leaving said road S. 88 degs. 45' E. 19.77 feet to a point in the old road; thence S. 25 degs. 24' W. 437.69 feet (272.30 feet of said feet being the westerly line of IDt 1) to a point; thence N. 68 degs. 37' 41" W. 73.97 feet to an iron pipe, the actual point of Beginning; and being an iron pipe point no. 1; thence S. 68 degs. 37' 41" E. 229 feet to an iron pipe point no. 2; thence S. 21 degs. 22' 19" W. 190 feet to an iron pipe point no. 3; thence N. 68 degs. 37' 41" W. 229 feet to an iron pipe point no. 4; thence N. 21 degs. 22' 19" E. 190 feet to the place of Beginning and containing one (1) acre as shown by plat made by Buford T. Lumsden and Associates for Carrie B. McDonald, dated March 27, 1974, together with the 50 foot road easement from Virginia Secondary Route 634 to said one (1) acre tract as shown on said plat. IT IS 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 Corrmission of Roanoke County, Virginia, and a copy to Claude D. Carter, attorney for the Petitioners. The foregoing resolution was adopted on the rrotion of Supervisor Tompkins and the following recorded vote: AYES: Mr. Compton, ]'vlr. Dodson, Hr. Myers, Mr. Tcmpkins, Mrs. Johnson I NAYS: None In relation to the above request for rezoning, Mr. Claude D. Carter, Attorney, appeared on behalf of the petitioners. There was no opposition. IN RE: ORDINANCE NO. 1487 REVOKING THE USE Nor PROVIDED FOR PERMIT ISSUED 'ill R. L. MORAN, JR., MARTHA S. r-1ORAN AND ARRCW SAND COMPANY ON JULY 22, 1975. WHEREAS, the Board of County Supervisors of Roanoke County has heretofore granted a use not provided for pemit to R. L. Moran, Jr., Martha S. Moran and Arrown Sand Carpany pemitting a sand rerroval operation on certain property situate in the western portion of Roanoke County; and WHEREAS, evidence has been presented to the. Board of County Supervisors that the sand on said property is not suitable for the purposes for which its use was desired; and WHEREAS, the Board of County Supervisors is of opinion that because of I the above facts, the use not provided for pemit hereinabove described should be rescinded, revoked and made of no effect; and WHEREAS, a Notice of Intention to revoke said pemit and public hearing thereon have been advertised and posted in accordance with law. NCW, THEREFORE, BE IT ORDAINED by the Board of County Supervisors of Roanoke County that the use not provided for pemit issued on July 22, 1975 to R. L. Moran, Jr., Martha S. ~'loran and Arrow Sand Carpany pemitting the removal - 5-11-76 ~115 of sand from certain property situate in the Green Hill Section of Roanoke County upon certain terms and conditions be, and the same is hereby revoked, rescinded and declared to be of no effect. BE IT FURTHER ORDAINED that a certified copy of this Ordinance be transmitted to R. L. Moran, Jr., Martha S. Horan and Arrow Sand Company and to I the County Engineer of Roanoke County, Virginia. On motion of Supervisor Dodson and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. ~1yers, 1'1r. Tompkins, Mrs. Jolmson NAYS: None In relation to the above Ordinance,1'1r. Edward A. Natt, County Attorney, appeared on behalf of the County. There was no opposition. IN RE: ,.vATER UTILITY CODE A public hearing was this date held on the proposed ordinance amending the Roanoke County Code by the addition of a new chanter numbered 20.1 and entitle Water utility Code. Mr. C. Richard Cranwell,Attorney representing the Roanoke Valley Home Builders Association, appeared before the Board and stated that certai sections of the proposed ordinance needed revising. ~1r. Cranwell requested the I Board to continue the public hearing and to appoint a carrmittee to study the proposed ordinance. Supervisor Myers moved that the public hearing on the Water Utility Code be continued to the May 25, 1976 rreeting of the Board and further that a committee consisting of Mr. Wilbur Tester, Mr. James Beavers, Mr. Dewey Holdaway, the County Executive, County Attorney and Executive Director of the Public Service Authority be appointed to study the porposed water ordinance and report its recarmendations back to the Board at its meeting on May 25. The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Tompkins, Br. Hyers, Mrs. Johnson NAYS: None IN RE: AOOPTION OF ORDINANCE NO. 1488 N1ENDING THE ROANOKE COUNI'Y CODE BY THE REVISION OF THE SOIL EROSION AND SEDIJ'1ENT CONTROL ORDINANCE . I WHEREAS, the Board of Supervisors deems certain amendments to the Roanok County Code to be necessary in the best interests of the health, safety and genera welfare of the citizens of Roanoke County; and 5-11-76 WHEREAS, a notice of intention to amend the Roanoke County Code as pro- posed, and public hearing thereon, have been advertised and posted in accordance with law. NOV, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke I County that the Raonoke County Code be amended as follows: The revision of the new chapter number 8.1 and entitled Soil Erosion and Sediment Control as follows: OfAPTER 8.1 Soil Erosion and Sediment Control Section 1. PurPose of Chapter. The puspose of this chapter is to safeguard life, limb and property and to provide a ITEans for the control of erosion and sediITEnt in order to promote the public health and welfare of the citizens of the County and to establish procedure for the administration and enforcerrent of such controls. Section 2.. Application. Except as provided for in Section 4 of this chapter, no person may engag in any land disturbind acti vi ty, until such person has submitted to, has had revi and has had approved by the County Engineer, an erosion and sediment control progr for such land disturbing activity and has had issued a land disturbing pennit. I It is the further intent of this chapter to be administered, where appli cable, in conj unction with both the County' s Subdivision and Zoning Ordinances wherein such apply to the developITEnt and subdivision of land within the County or such apply to development on previously subdivided land within the County. Section 3. Definitions. For the purpose of this chapter, certain tenns and words used herein shall be interpreted as follows: 1. "Clearing" shall ITEan any activity which rerroves the vegetative ground cover including, but not limited to, root mat rerroval and topsoil rerroval. 2. "Excavating" shall ITEan any digging, scooping, or other methods or rerroving earth materials. 3. "Erosion and sediITEnt control program" or "Program" shall ITEan a docurrent containing material for the conservation of soil and water resources of a unit or a group of units of land as required by this chapter. 4. "Filling" shall mean any depositing or stockpiling of earch ma.terial . I 5. "Grading" shall ITEan any excavating or filling of earth materials or any combination thereof, including the land in its excavated or filled condition. 6. "Land disturbing acti vi ty: shall ITEan any land change which may result in soil erosion from water or wind and the IIDverrent of sediments into waters or onto lands, including, but not limited to, clearing, grading, excavating, transporting and filling of land. 7. "Land disturbing pennit" shall mean a pennit issued by the County Engineer for clearing, filling, excavating, grading or transporting, or any combination thereof, on all lands except as excluded elsewhere in this chapter. 8. "Person" shall ITEan any individual, partnershiprn firm, association, .. 17 5-11-76 joint venture, public or private corporation, trust, estate, corrrnission, l::x:>ard, public or private institution, utility, cooperative or any other legal entity. 9. "Transporting" shall ll'eaI1 any rroving of earth ma.terials from one place to another, other than such IIDvement incidental to grading, when such rrovement results in destroying the vegetative ground cover either b tracking or the buildup of earth ma.terials to the extent that erosion an sediment will result from the soil or earth ma.terials over which such transporting occurs. I 10. "Topsoil" shall mean a surface soil corrmonly referring to that from the surface to the average plow depth. 11. "Site plan" shall mean a survey plot of a parcel of land, with contours accurately shown and on which location of proposed structures and of all appurtenant connecting facilities are shown. 12. "Unstable ground" shall mean all lands whose surface is shifting laterally and/or vertically as the result of natural causes. Examples: naturally ingressing seepage areas, sinkhole depressions, terrain within which down slope IIDvement of loose rocks and soil is taking place. 13. "Sediment" shall mean all loose ma.terial, including boulders, cobbl s, pebbles, sand, silt, clay and soil, which ma.y be borne by water, wind, gravity, or by any artificial ll'eaI1s. 14. "Soil rerroval" shall include the rerroval of soil and other surface material but only as follows: (a) rerroving of such ma.terials, including sod, to a maximum depth of 18 inches; or (b) rroving or redistricting suc materials for use exclusively on the land fran which the ma.terial is rerroved, or (c) excavating such ma.terials in connection with the con- struction or alteration of a building for which a building permit has or is to be obtained; or (d) grading in accordance with an approved grading plan of subdivision for which a final plat has been recorded arrong the lend records of the County; or (e) the rerroval of soil, gravel, or sand for purposes of sale or resale. I Section 4. Non-controlled activities. A. The provisions of this chapter shall not be construed to apply to th following: 1. such minor land disturbing activities as home gardens and individual home landscaping repairs and maintenance work; 2. individual service connections and construction or installation of public utility lines; 3. surface of deep mining, tilling, planting or harvesting of agricul- tural, horticultural or forest crops; 4. construction, repair or rebuilding of the tracks, rights-of-way, bridges, conmunication facilities and other related structures and facilities of a railroad company; 5. septic tank lines of drainage fields unless included in an overall plan for land disturbing activity relating to construction of the building to be served by the septic tank systems; I 6. installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles; 7. eIrergency v.ork to protect life, limb or property, and eIrergency repairs; provided that the land area disturbed shall be shaped and stablized in accordance with the requirements of the County Engineer; 8. disturbed land areas of less than 10,000 square feet in size for single family residences, separately built; 9. disturbed land areas of less than 10,000 square feet in size for commercial or non-commercial uses; -.' 5-11-76 11 R 10. other minor land disturbing activities where, in the written opinior of the County Engineer, erosion and sediment control rreasures are deemed unnecessary; 11. land disturbing acti vi ties on Federal or State lands. B. The provisions of paragraph 6D, lOA and 10C shall apply to all non- controlled activities set out in subsection A of this section. I Section 5. Enforcing agent. Enforcerrent of this chapter shall rest with the County Engineer. Section 6. Erosion and sedirrent control program. A. An erosion and sedirrent control program is required under this chaptEr and shall detail those rrethods and techniques to be utilized in the control of erosion and sediment, in written fom. The objective of programs for the control of soil erosion and sedimentat':m shall be as follows: 1. To insure that significant volumes of water borne sediment are not deposited on property, public or private, or in public waterways, natural or manmade, as a result of developnent. 2. To insure that downstream stam drainage facilities are not unduly diverted or reduced in capacity by siltation or overtaxed by increased stam runoff. 3. To insure that the capacity of any downstream water impoundment is not reduced by siltation. I 4. To insure that pennanent facilities and features of the proposec development are not hannfully affected by erosion or sedimentation. 5. To insure the appropriate restriction or remedial treatment for land disturbing activity on unstable ground. 6. The expected date of termination of land alteration will be specified in the program. If the alteration approved in the program is not completed by the stated date, the permit expires. Extensions may be requested. A special permit for the reIIDval of soil, gravel or sand for the purposes of sale or resale may be issued which does not require a ccrnpletion date. For this type of permit, all other requirements of thi~ chapter shall be complied with. B. The County Engineer shall be responsible for the review of and recanrrendations to the sul:mitted programs for the control of erosion and sedimentat ion. C. Approval of the program and issuance of land disturbing permit shall be by the County Engineer. D. Where "programs" are not required, the land owner has the rest)()n- sibility of seeking to achieve the objectives stated in Section 6A, using whatever rreasures are appropriate as suggested in Section 8 and shall be liable for erosion, siltation, or water damages resulting directly fram alteration of the terrain. I Section 7. Site plan. A. A site plan is required for all parcels of land, not exe.ITPted under Section 4, upon which permanent construction is to be placed. B. A site plan shall be detailed as follows: 1. A vicinity drawing showing all data accurately indicating t.he site location and showing highways, mmicipalities, major streams and other indentifiable landmarks. A north arrow shall be shown. .. 5-11-76 ,119 2. Bounds of the property on which the work is to be perfonred, with adjacent property o.vners indicated. 3. Location of any buildings or structures on the property where the work is to be perfonned, and the location of any building or struc- ture on land of adjacent property o.vners which are within fifteen feet (15') of the property. 4. Accurate contours at a minimum of 5 foot intervals showing the topography of the existing ground, with all established flood plains indicated. All streams, ponds, lakes and wet land areas shall be sho.vn. The nature and extent of existing vegetation shall be sho.vn. I 5. Elevations, dimensions, location, extent, and the slopes of all proposed grading sho.vn by contours at a minimum of 5 foot intervals draw to a scale. 6. Location of all drainage devices, walls, cribbing, dams, or other protective devices to be constructed in connection with or as part of, the proposed work. 7. Any additional plans, drawings, or calculations required by the County Engineer and shall corrpl y with the following requirements. a. Details for the proper construction of control rreasures which will be constructed shall be indicated on the plans. b. provisions for the rerroval of terrporary control rreasures shal be noted on the plans. c. plans for the control of soil erosion and sedimentation shall adequately consider coordinating seeding and mulching with construc tion practices and the scheduling of the various stages of construc tion. I d. Plans for the control of soil erosion and sedimentation shall take into consideration the condition of the land proposed for developnent and surrounding areas. If such land has previously bee: stripped and/or partially graded, thus creating erosion hazards, th plans shall provide, as the initial step in construction, such measures as will be imnediately effective in controlling erosion an siltation. e. Account for the staging of major land disturbing activities and include the timing and sequence of installing the conservation practices and facilities, including the rerroval and storage of top soil. 8. For land developrrents to which the requirerrents of this chapter are applicable, and which propose the clearing of trees, or rerroving any vegetative land cover, or grading earth, this plan shall be incorporated in, and be a part of, any subcli vision or site plan for a land develop- ment. 9. The County Enginee:r shall be responsible for the review and reconmendations to the submitted programs or site plans for the control of erosion and sedimentation. 10. Approval of the program and issuance of a Land Disturbing Permit shall be done by the County Engineer. I Section 8. Measures for control. A. Practices for erosion and sediment control shall rreet or exceed standards and specifications contained in the Virginia Erosion and Sediment Contro Handbook, Part III, as published in April 1974 and as per latest amendment. This part of this handbook is adopted into this chapter by reference. B. Practices for which standards and specifications are not contained 1 this chapter may be approved by the County Engineer based on the rreri ts of the practice as proposed for use in individual circumstances. 5-11-76 - },20 C. Control may include establishment of a terrporary vegetative or other protective cover on exposed earth surfaces. Such cover shall be appropriate for soil conditions, season, and anticipated duration of exposure, and may include plastic, fiber mats, netting, gravel, or crushed stone, mulch, grasses, and other vegetation. If used, terrporary protective cover shall be provided within 30 days or at the discretion of the County Engineer from completion of soil disturbance. I D. Control may include terrporary diversion ditches, or earth benn, or other similar facilities to divert runoff away from slopes or other areas stripped or limited of vegetative cover, and to divert runoff to vegetated or other protecti ITe areas prior to entering adjacent property. E. Control may include construction of terrporary desilting basins or devices. The location of such neasures shall be as indicated by the location of areas of probable erosion. Volumes of basins for silt storage shall be in pro- portion to the erodable area drained and to theperiodof expected use. F. Periodic maintenance shall be the responsibility of the developer anc additional measures shall be provided if indicated by field conditions during construction. At such time when these terrporary neasures have fulfilled their purpose, the area shall be m::xiified to its intended pennanent appearance. G. For pennanent construction, desiltation devices or basins will not bE considered as acceptable alternatives to neasures for the limitation of erosion. Permanent desiltation devices or basins will be allowed only with the pennission of the County Engineer in which event a proposed plan for their perpetual maintenance, with Particular attention to periodic renoval and disposal of accumulated silt, will be provided. H. The County Engineer may require additional information when cuts or fills exceed ten feet in vertical height and the slopes are steeper than two horizontal to one vertical (2:1). I Section 9. Inspections. A. The County Engineer shall periodically inspect the land disturbing activity to insure compliance with the approved plan and to detennine whether the neasures required in that plan are effective in controlling erosion and sedinent resulting from the land disturbing activity. The right-of-entry to conduct such inspections shall be expressly reserved in the penni t. B. The land owner shall notify the County Engineer upon completion of the 'IrJOrk covered under the pennit for final inspection. Section 10. Failure to canply. A. Whenever the County Engineer detennines that any existing sediment condition has become a hazard to life or limb, endangers property, or adversely affects the safety, use, or stability of a public or private way or drainage channel, the owner of the property from which the sedinent condition eminates, or other Person or agent in control of said property, upon receipt of notice in writing from the County Engineer, shall, within the period specified therein, eliminate the condition so as to eliminate the hazard and be in conformance with the requirements of this chapter. I B. Failure to comply with the provisions of the program or site plan as evidenced by failure to properly construct, at the proper time, all control nea- sures required by the approved plans shall be sufficient grounds for all pennits tc be revoked. C. Should the applicant fail to comply with the requirerrents of the program or site plan, the County Engineer shall give notice of such failure to canply in writing addressed to the applicant at its last known address stating that the applicant shall have 30 days wi thin which to comply with those requirerrents. Upon the expiration of the above 30 days, and upon a further detennination that thE requirEments have not been complied with, the County Engineer shall cause thennecessary 'IrJOrk to be done to comply with said. plan. The cost to the county of sud 'IrJOrk shall constitute a lien on the land upon which said work is done and shall be recovered fran the owner or other Person in possession, charge or control of said proPerty. The County Engineer shall give the applicant five days written notice of .. 5-11-76 1 his intention to have the County proceed pursuant to the above procedure. Section 11. Issuance of land disturbing permit; fees. A. Except as provided in Section 4 of this chapter no person shall engage in any land disturbing activity within Roanoke County until he has acquired a land disturbing permit fran the County Engineer. B. Issuance of a land disturbing permit is conditioned upon an approved erosion and sedlinent control program which plan or certification of such shall be presented at the tline of application for such a permit. I C. The County Engineer shall approve any erosion and sedllnent control program or site plan sul::mi tted to hlin wi thin a reasonable period of tline, con- sistant with the size of the proposed proj ect. Section 12. Amendment. An approved erosion and sedlinent control plan may be amended only upon the written approval of the County Engineer. If the on-site inspection indicates that the approved control rreasures are not effective in controlling erosion and sedlinent or because of changed circumstances, the County Engineer may direct that the plan be amended to better realize the obj ecti ves of the plan. Section 13. Appeal. Any applicant, under the provisions of this chapter who is aggrieved by any action of the County Engineer in disapproving plans submitted in accordance with this chapter or by the County Engineer's interpretation of the regulations of this chapter, shall have the right to apply for and receive review of such action by the County Planning Conmission, which decision shall be made in writing. Any person, or persons, jointly or severally aggrieved by any final deci sion of the Planning Corrmission may appeal to a court of record of the County, by filing a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall presented to the Court within thirty days (30) after the final decision of the Planning Commission. I Section 14. Penalties, injunctions and other legal actions. A violation of this chapter shll be deemed a misderreanor and upon convic tion shall be subject to a fine not exceeding one thousand dollars or thirty days (30) imprisonment for each violation or both. The County Engineer may apply to the Circuit Court of Roanoke County for injunctive relief to enjoin a violation or a threatened violation of this chapter, without the necessity of showing that there does not exist an adequate rerredy at law. The County Attorney shall, upon request of the County Engineer take lega action to enforce the provisions of this chapter. Canpliance with the provisions of ths chapter shall be prima facie evide ce in any legal or equitable proceeding for damages caused by erosion, siltation or sedllnentation that all requirements of law have been met and the canplaining party must show negligence in order to recover any damages. Section 15. Liability. I Neither the approval of an erosion and sedlinent control plan under the provisions of this chapter, nor the canpliance with the conditions of such plan shall be deemed to relieve any person from responsibility for damage to other persons or property nor shall such approval impose any liability upon the County for damage to other persons or property. Section 16. Chapter to ba applicable within limits of the Town of Vinton. The provisions of this chapter shall be applicable within the limits of the Town of Vinton. 5-11-76 .. 122 Section 17. Effective date. This amendrrent shall becane effective June la, 1976, provided that approval is secured fran the Virginia Soil and Water Conservation Carrnis s ion . Sould approval not be obtained, then the provisions of the Soil Erosion and Sedi- ment Control Ordinance adopted June la, 1975, shall be in full force and effect from and after June la, 1976. I On motion of Supervisor Dodson and adopted by the following recorded vote: AYES: Mr. Canpton, Mr. Dodson, Mr. Myers, Mr. Tanpkins, Mrs. Johnson NAYS: None In relation to the above ordinance, Mr. Edward A. Natt, County Attorney, appeared on behalf of the County. Mr. Joseph Thomas, Chairman of the Soil Erosion Study Ccmnittee, was also present at the hearing along with other ccmnittee rrember . There was no opposition. IN RE: AOOPI'ION OF ORDINANCE NO. 1489 INCORPORATING CERTAIN CHANGES IN THE BOUNDARY LINE OF THE VARIOUS MAGISTERIAL DISTRICTS AND CERI'AIN PRECINCTS IN ROANOKE COUNTY NECESSARY AS THE RESULT OF ANNEXATION, THE EFFECTIVE DATE OF THIS ORDINANCE BEING MAY 11, 1976. WHEREAS, notice of intention to adopt an ordinance incorporating certain changes in the boundaries of the magisterial districts of Roanoke County necessary I as the result of annexation and further, incorporating certain changes in the precinct lines of certain precincts in Roanoke County has been published once a week for two consecutive weeks in accordance with the provisions of the Code of Virginia in the Roanoke World News, a newspaper having general circulation in Roanoke County; and NCW, THEREFORE, BE IT ORDAINED by the Board of County Supervisors of Roanoke County, Virginia, as follows: (1) That the magisterial district lines of the respective magisterial districts in Roanoke County be established as follows: Catawba I Beginning on the line between Craig, Montgomery and Roanoke Counties; thence with the line between Craig and Roanoke Counties along the top of North and Brush Mountains in a northeastern direction to the point in the line between Roanoke, Craig and Botetourt Counties; thence with the line between Roanoke and Botetourt Counties in a southwesterly direction to U.S. Route 11 (Williamson Road) thence with U.S. Route 11 in a westerly direction to the intersection of Virginia Highway 117 (Peters Creek Road); thence with Virginia Highway 117 in a westerly direction to the intersection with Airport Road (Route 118); thence with Airport Road in a southerly direction to the intersection of Old Peters Creek Road (Route 1858); thence with the north line of Old Peters Creek Road in a westerly direction to the intersection with Secondary Highway Route 628 (known as Lock Haven Road) ; thence with the east line of Secondary Highway Route 628 in a northerly direction to the intersection with Virginia Highway 117; thence in a westerly direction with the north right of way of Virginia Highway 117 to the intersection of the Second- dary Highway Route 780 (Cove Road); thence with the north line of Secondary .. 123 5-11-76 Highway Route 780 in a northwesterly direction to the Seoondary Highway Route 629 (Green Ridge Road) and oontinuing in a westerly direction to the east corp:>rate line of the City of Salem; thence with the east oorp:>rate line of the City of Salem in a northwesterly direction to Virginia Highway 419 (known as Electric Road); thence with the east corporate line of the City of Salem and Virginia Highway 419 in a northerly direction to Interstate 81 and the north corp:>rate linE of the City of Salem; thence with the north corp:>rate line of the City of Salem in a westerly direction to the west corporate line of the City of Salem; thence with the sane in a southerly direction and with the south corp:>rate line of the City of Salem in an easterly and southerly direction to a point on the corp:>rate line of the City of Salem 2,000 feet, rrore or less, east of the Secondary Highway Route 693; thence S. 15 degs. 10' E. 4,000, more or less, to Barnhardt Creek; thence with Barnhardt Creek in a westerly direction to its headwaters on Poor Mountain; thence with the top of Poor Mountain, the dividing line between Catawba and Cave Spring Magisterial Districts in a westerly and southwesterly direction tc the Montganery-Roanoke County line; thence with the Montgorrery-Roanoke County line in a northerly direction to the Place of Beginning. I Hollins Beginning at the point of intersection of Virginia Highway 117 (Peters Creek Road) and Airp:>rt Road (Route 118); thence with Airp:>rt Road to its inter- section with Dent Road (Route 623) at the corp:>rate line of the City of Roanoke; thence leaving the highway and with the Barn Dinner Theater property crossing the west fork of Carvins Creek S. 37 degs. 04' 25" W. 69.17 feet; thence through the property of Anita D. lee S. 5 degs. 47' 15" E. 479.44 feet to a rronument; thence with the Airp:>rt property of the City of Roanoke S. 8 degs. 52' 50" E. 189.93 feet to a concrete rronurnent; thence through the airport property S. 45 degs. 59' 40" E. 898.79 feet to an iron stake; thence N. 51 degs. 44' 30" E. 98.96 feet to a point on the west line of the property of W. F. Kessler, et al; thence with the same S. 21 degs. 50' 30" E. 302.87 feet; S. 63 degs. 45' E. 147.20 feet to a large black oak, corner to Section No.2, Captain's Grove Estates (recorded in Plat Book 7, page 27); thence with the west line of said Section No.2 S. 14 degs. 13' E. 845.95 feet; thence partly with the west line of Section No. 2 and partly with the west line of Section No.1 S. 14 degs. 19' 20" E. 772.95 feet to corner of Hamlett Estates (recorded in Plat Book 5, page 7); thence with the west line of Hamlett Estates and the east line of Blue Ridge Memorial Gardens s. 14 degs. 00' 20" E. 1,313.02 feet to the southwest corner of Hamlett Estates; thence with south line of Hamlett Estates N. 75 degs. 52' E. 19.28 feet; thence with Blue Ridge Merrorial Gardens S. 22 degs. 06' E. 109.20 feet and S. 67 degs. 24' 30" W. 773.95 feet to the corner on the northeast line of Virginia Highway 118 (Airp:>rt Road, 40 feet wide); thence with the northeast line of Highway Route 118 the follCMing courses and distances: S. 39 degs. 04' 45" E. 835.85 feet; S. 39 degs. 15' 50" E. 349.61 feet; S. 38 degs. 55' E. 651.48 feet to the corner of the City of Roanoke Corp:>ration line on the northeast line of Highway Route 118 at Nelms Lane; thence with the old oorporate line of the City of Roanoke to a point in the center of Tinker Creek at the confluence with Carvins Creek; thence in a northwesterly direction up the center of Tinker Creek 1,030.0 feet, rrore or less, thence leaving Tinker Creek with a line N. 55 degs. 29' 30" E. 1,363.0 feet to a point in the center of the N & W Railway Company right of way; thence with the line N. 49 degs. 41' E. 1,389.47 feet; N. 44 degs. 06' E. 316.8 feet; S. 43 degs. 48' 110 feet; S. 60 degs. 06' E. 150.0 feet; S. 63 degs. 24' E. 265.01 feet; N. 3 degs. 55' E. 502.5 feet; N. 2 degs. 01' W. 132.0 feet; thence N. 84 degs. 10' E. 752.24 feet to a point on the west right of way line, 25 feet from the centerline of Secondary Highway Route 605 (known as Old Mountain Road); thence with said right of way line to the point of intersection of the south right of way line, 15 feet from the centerline of Secondary Highway Route 611 (known as Read Mountain Road); thence with the south right of way line of Route 611 and the Roanoke City Corp:>rate line to the topographic crest of Read Mountain; thence with the crest of Read Mountain to the Botetourt County line; thence with the Botetourt County line to u.S. Route 11(Williamson Road); athence with u.S. Route 11 to the intersection wit1 Virginia Highway 117; thence in a westerly direction to the intersection with Airport Road (Route 118) being the Place of Beginning. I I Windsor Hills Beginning at a point on the east side of Virginia Highway 419 (Electric Road) and the north side of Virginia Secondary Highway 685 (Keagy Road) being the 5-11-76 - 1124 I City of Salem-Roanoke City-Roanoke County roundary; thence with the west corporate line of Roanoke City and the east side of Virginia Highway 419 (Electric Road) in a south-southeasterly direction to the intersection with Virginia Secondary High- way 713 (Glen Heather Road); thence with the west corporate line of Roanoke City and the south side of Virginia Secondary Highway 713 in an easterly direction to the intersection with Virginia Secondary Highway 686 (Grandin Road Extension) ; thence with the west corporate line of Roanoke City and the south side of Virginia Secondary Highway 686 in an easterly direction to the west outside boundary of Taryn Hill Subdivision; thence with the west corporate line of Roanoke City and the west outside roundary of Taryn Hill Subdivision the follov.ring courses: S. 07 degs. 05' E. 226.12 feet to Virginia Secondary Highway 682 (Garst Mill Road) thence with the west corporate line of Roanoke City and the south side of Virginia Secondary Highway 682 (Garst Mill Road) in an east-northeasterly direction to the intersection with Virginia Secondary Highway 686; thence with the west corporate line of Roanoke City and the south side of Virginia Secondary Highway 686 in an easterly direction to the center of Mud Lick Creek; thence with the west corporate line of Roanoke City in a south-southeasterly direction to u.S. Highway 221 (Brambleton Avenue); thence leaving the corporate line of Roanoke City with u.S. Highway 221 in a southwesterly direction to the intersection with Virginia Second- ary Highway 1663 (known as Old Cave Spring Lane); thence with Virginia Secondary Highway 1663 in a westerly-southerly direction to the intersection with u.S. Highway 221; thence with u.S. Highway 221 in a southerly direction to the inter- section with Virginia Secondary Highway 689 (Roselawn Road); thence with Virginia Secondary Highway 689 as it travels in a generally west-northwesterly direction to the intersection with Virginia Secondary Highway 692 (Sugar Loaf Mountain Road); thence with a line N. 26 degs. 00' W. 6,400 feet, more or less, to a point on Barnhardt Creek; thence with a new line N. 15 degs. 10' W. 4,000 feet, more or less, to the south corporate line of the City of SalEm; thence with the south corporate line of the City of Salem in an easterly direction to Virginia Secondary Highway 685 (Keagy Road); thence with the south corporate line of the City of Salem and the north side of Virginia Secondary Highway 685 in a northeast-easterly direction to Virginia Highway 419 being the Place of Beginning. I Vinton I Beginning at Secondary Highway Route 657 at the crest of the Blue Ridge Mountains being the Franklin-Roanoke County line; thence with Secondary Highway Route 657 in a west-northwesterly direction to the intersection of Secondary Highway Route 666; (known as Bandy Road); thence with Secondary Highway 666 in a northerly direction to the intersection with Secondary Highway Route 667; thence with Secondary Highway Route 667 in a northwesterly direction to the intersection with Secondary Highway Route 668 (Yellov.r MJuntain Road); thence with Secondary Highway Route 668 in a northerly direction to the south corporate line of Roanoke City; thence with the south and east corporate line of Roanoke City to the Roanoke River and the corporate line of the 'J:'avn of Vinton; thence with the east corporate line of Roanoke City and the 'J:'avn of Vinton to a point on the 'J:'avn of vinton north corporate line 118.58 feet west of the east corporate line of the Town of Vinton at an existing pipeline easement; thence with the east corporate line of Roanoke City N. 8 degs. 43' 10" W. 3,897.86 feet to the north side of Secondary Highway Route 758; thence with the north side of Secondary Highway Route 758 and the corp- orate line of Roanoke City the following distance and course: N. 68 degs. 46' 40" E. 119.38 feet; N. 65 degs. 21' 40" E. 102.26 feet; N. 24 degs. 09' 50" E. 559.70 feet; thence leaving Secondary Highway Route 758 with the following courses along the east corporate line of Roanoke City: N. 58 degs. 47' W. 1,417.73 feet; N. 62 degs. 05' E. 158.70 feet; N. 25 degs. 13' 15" W. 242.23 feet; N. 72 degs. 48' 50" W. 1,282.05 feet; N. 75 degs. 25' 40" W. 175.73 feet to a momnnent on the north side of u. S. Highway 460; thence with the east corporate line of Roanoke City and u.S. Highway 460 N. 35 degs. 39' W. 299.61 feet to a monument; thence with the east corporate line of Roanoke City the following distances and courses: N. 46 de s. 46' 10" W. 367.83 feet; N. 44 degs. 51' 10" W. 1,450.01 feet; N. 47 degs. 17' 20" W. 1,848.80 feet; S. 38 degs. 20' W. 561.00 feet; N. 39 degs. 43' W. 1,224.67 feet; N. 37 degs. 21' 20" W. 957.42 feet; N. 36 degs. 05' 10" W. 1,306.66 feet; S. 52 degs. 27' W. 461.21 feet; S. 71 degs. 18' W. 189.70 feet; S. 66 degs. 48' W. 200.00 feet; S. 60 degs. 29' W. 231.27 feet to the south side of Secondary Highway 611 (Read Mountain Road); thence with the east corporate line of Roanoke City and the south side of Secondary Highway 611 in a westerly direction to the topographic crest of Read Mountain; thence with the crest of Read Mountain to the Botetourt-Roanoke County line; thence with the Botetourt-Roanoke County line in a southeasterly direction to the point at the Botetourt-Bedford-Roanoke County - 125 5-11-76 line; thence with the Bedford-Roanoke County line in a southerly direction to the r:oint at the Bedford-Franklin-Roanoke County line; thence with the Franklin-Roanok~ County line in a westerly-southwesterly direction along the crest of the Blue Ridge Mountains to Secondary Highway 657 being the Place of Beginning. Cave Spring Beginning at the south corporate line of the City of Roanoke at its intersection with State Secondary Route 668 (Yellow Mountain Road); thence with State Secondary Route 668 in a southerly direction to its intersection with State Secondary Route 667; thence leaving State Secondary Route 668 and with State Secondary Route 667 in a southeasterly direction to its intersection with State Secondary Route 666; thence with State Secondary Route 666 to its intersection with State Secondary Route 657; thence with State Secondary Route 657 in a souther y and easterly direction to a r:oint on top of the Blue Ridge Mountains on the Frank- lin-Roanoke County line; thence with the Franklin-Roanoke County line as it meanders along the top of the Blue Ridge Mountains to its intersection with Floyd- Roanoke County line; thence leaving the Franklin County line and with the Floyd County line as it meanders along the top of the Blue Ridge Mountains to its inter- section with the Montganery County line; thence leaving Floyd County line with thE Montgomery County line in a northerly direction to the top of Poor Mountain; thenc = along the top of Poor Mountain in an easterly direction to a point near the head- waters of Barnhardt Creek; thence with a line S. 26 degs. 00' E. 6,400 feet, more or less, to the intersection of State Secondary Routes 689 and 692; thence with State Secondary Route 689 (Roselawn Road) in a southerly direction to its inter- section with u.S. Highway 221; thence with U.S. Highway 221 in a northerly direc- tion to the intersection with Virginia Secondary Route 1663 (Old Cave Spring Lane); thence with Virginia Secondary Route 1663 in a northeasterly direction to the intersection with u. S. Highway 221; thence with u. S. Highway 221 in a northerly direction to the present southwest corporate line of Roanoke City; thence with the southwest corporate line of Roanoke City in a southeasterly direction to the N & W Railroad right of way; thence with the southwest cOr:[X)rate line of Roanoke and the west side of the N & W right of way in a northeasterly direction to the south side of Interstate 581 Extension; thence with the south corporate line of Roanoke City and the south side of Interstate 581 Extension in a south-southeaster y direction to the intersection of u. S. Highway 220 (known as Rocky Mount Road) ; thence with the west side of U. S. Highway 220 and the south corporate line of Roanoke City in a southeasterly direction to the intersection with the Blue Ridge Parkway; thence with the south corporate line of Roanoke City and the north side of the Blue Ridge Parkway in an east-northeasterly direction to the intersection with Secondary Highway 668 being the Place of Beginning. I I (2) That the precinct lines for the following precincts be arrended to be as follows: Monterey Beginning at a r:oint on Virginia Highway 115 (Plantation Road) located at the centerline of Carvins Creek, said creek being the Roanoke City Corporate line; thence with the centerline of Carvins Creek and the Roanoke City Corporate line in an easterly direction to the confluence of Carvins Creek and Tinker Creek; thence with Tinker Creek and the Roanoke City Corporate line in a northerly direc- tion 1,303 feet, more or less, thence leaving Tinker Creek with a line N. 55 degs. 29' 30" E. 1,363.0 feet to a r:oint in the center of the N & W Railway Carrpany right of way; thence with new line N. 49 degs. 41' E. 1,389.74 feet; N. 44 degs. 06' E. 316.8 feet; S. 43 degs. 48' E. 110.0 feet; S. 60 degs. 06' E. 150.0 feet; S. 63 degs. 24' E. 265.01 feet; N. 3 degs. 55' E. 502.5 feet; N. 2 degs. 01' W. 132.0 feet; thence N. 84 degs. 10' E. 752.24 feet to a point on the west right of way line 25 feet frcm the centerline of Secondary Highway Route 605 (known as Old Mountain Road); thence with said right of way line to the r:oint of intersection of the south right of way line 15 feet frcm the center line of Secondary Highway Route 611 (known as Reed Mountain Road); thence with the south right of way of Route 611 and the Roanoke City Corporate line to the topographic crest of Reed Mountain; thence with the crest of Reed Mountain to the Botetourt County line; thence with I 5-11-76 - 1~6 the Botetourt-Roanoke County line to u. s. Route 11 (Williamson Road); thence with U.S. Route 11 to the intersection with Virginia Highway 115 (Plantation Road) ; thence with Virginia Highway 115 in a southerly direction to the intersection with Virginia Secondary Highway 1899 (Plantation Circle, fonnerly Plantation Road) ; thence with Virginia Secondary Route 1899 in an easterly-southerly direction to the intersection with Virginia Highway 115; thence with Virginia Highway 115 in a southerly direction to Carvins Creek and the Roanoke City Corporate line, being the Place of Beginning. I Oak Grove I Beginning at a point on the east side of Virginia Highway 419 (Electric Road) and on the north side of Virginia Secondary Highway 685 (Keagy Road) being a point on the City of Salem-Roanoke City-Roanoke County boundary; thence with the west corporate line of Roanoke City and the east side of Virginia Highway 419 in a south-southeasterly direction to the intersection with virginia Highway 713 (Glen Heather Road); thence leaving the Roanoke City corporate line continuing in a southeasterly-easterly direction on State Route 419 to a point on the westerly side of the property of the headquarters of the Roanoke County Public Library; thence around said public library property the following courses and distances: S. 16 degs. 47' 40" E. 178.26 feet; S. 23 degs. 36' E. 307.86 feet; N. 58 degs. 48' 30" E. 399.76 feet to a point on the south side of Virginia Highway 419; thencE~ with Virginia Highway 419 in an easterly direction to the intersection with u. S. Highway 221 (Brambleton Avenue); thence with u.S. Highway 221 in a southwesterly direction to the intersection with Virginia Secondary Highway 1663 (known as Old Cave Spring Lane); thence with Virginia Secondary Highway 1663 in a westerly- southerly direction to the intersection with u.S. Highway 221 (Brambleton Avenue) thence with u.S. Highway 221 in a southerly direction to the intersection with Virginia Highway 689 (Roselawn Road); thence with Virginia Secondary Highway 689 as it travels in a generally west-northwesterly direction to the intersection with Virginia Secondary Highway 692 (Sugarloaf Mountain Road); thence with a line N. 26 degs. 00' W. 6,400 feet, more or less, to a point on Barnhardt Creek; thence with a new line N. 15 degs. 10' W. 4,000 feet, more or less, to the south corporab limit of the City of Salem; thence with the south corporate line of the City of Salem in an easterly direction to Virginia Secondary Highway 685 (Keagy Road) ; thence with the south corporate line of the City of Salem and the north side of Virginia Secondary Highway 685 in a northeast-easterly direction to Virginia High- way 419 being the Point of Beginning. (3) That the following precincts be deleted as the result of annexation: (a) Medley - Hollins District (b) Edgewood - Windsor Hills District (c) Windsor Hills #1 - Windsor Hills District (d) Hollins Road - Vinton District (4) This ordinance shall be in full force and effect upon its passage effective May 11, 1976. (5) Should any section or provision of this ordinance be decided or declared to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of any other section or provision of this ordinance. I On motion of Supervisor 'I'arpkins and adopted by the following recorded vote: AYES: Mr. Canpton, Mr. Dodson, Mr. Myers, Mr. Tanpkins, Mrs. Johnson NAYS: IN RE: STREETS IN NORI'H LAKES SUBDIVISION Mr. Nelson L. Shibley appeared before the Board on behalf of certain resident~ of Section IX of North Lakes Subdivision, regarding the condition of the roads and curbings in said subdivision. ., 12,7 5-11-76 Mr. Shibley was advised that the County Administration was in the process of devising alternate IT€thods by which citizens could bring their streets up to cer- tain standards so the Highway Deparbnent could accept them for maintenance and that he would be contacted in the near future. IN RE: BINGO PERMIT - CLEARBROOK ELEMENTARY SCHOOL P.T.A. I Supervisor Myers moved that the application of Clearbrook Elementary School P.T.A. be approved effective this date for a period of one year. The motion was adopted by the following recorded vote: Mr. Canpton, Nr. Dodson, ~tr. Myers, Mr. Tanpkins, Mrs. Johnson AYES: NAYS: IN RE: None HOLLINS BRANCH LIBRARY Mr. Charles H. Osterhoudt, Attorney and resident of the Hollins area, appear ed before the Board regarding the overcrowded conditions of the Hollins Branch Library. He referred to the action taken by the Board at its previous meeting to deisgnate the remaining Library Bond funds for construction of a library facility in the Glenvar area and questioned whether this was the proper expenditure of funds to develop the needs of the County. Supervisor Myers stated that Glenvar is the only area in Roanoke County which does not have Library service. ~1s. Kay Minnix, Hollins resident, requested the Board to thoroughly review the situation. Ms. Helen Evans, from the Hollins area, stated that the Hollins Branch Library is presently serving approximately 20,000 persons, although the facility is equipped for serving approxirna.tely 5,000 persons. While acknowledging the overcrowded conditions of the Hollins Library, the Supervisors felt that this matter was not related to the expenditure of Library Bond funds to be used towards the construction of the library in West County. IN RE: RAFFLE PERMIT RENEWAL - CATAWBA VALLEY RURITAN CLUB Supervisor Myers moved that the application of Catawba Valley Ruri tan Club for renewal of their raffle permit be approved effective May 14, 1976, for a period of one year. The motion was adopted by the following recorded vote: Mr. Carrpton, Nr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson I AYES: NAYS: IN RE: I None ITEMS REFERRED TO THE PLANNING CDMMISSION On motion of Supervisor Dodson and the unanimous voice vote of the Board, the following petition was this date received, filed and referred to the Planning Corrmission for recorrmendation: 5-11-76 .. 12t~ Petition of The Snyder-Hunt Corporation for vacation of a 40 foot wide street known as Etheridge Road as shown on the Plat of City view Heights Addition. IN RE: AMENDMENT 'IO GENERAL APPROPRIATION ORDINANCE NO. 1490 APProPRIATING THE SUM OF $120,731 FRCM THE COUNTY'S UNAPPROPRIATED BALANCE 'IO THE ACCOUNT 310G- 799 (GARBAGE DISPOSAL) FOR CONTRIBUTION TO THE ROA.~KE VALLEY REGIONAL SOLID WASTE MANAGEMENT BOARD I On motion of Supervisor Tanpkins, the General Appropriation Ordinance of Roanoke County, Virginia, adopted June 10, 1975, be, and the SanE is hereby aIrended as follows, to become effective May 11, 1976: Expenditures - Addition 310G - Garbage Disposal 799 - Contribution to Roanoke Valley Regional Solid Waste Management Board: An additional appropriation of $120,731 is hereby made from the General Operating Fund for the period ending June 30, 1976 for the function and purpose hereinabove indicated. Unappropriated Balance - Deletion 399A - Contingent Balance 999 - Unappropriated Balance: A deletion of $120,731 is hereby made from the General Operating Fund's Unappropriated Balance for the period ending June 30, 1976 for the function and purpose hereinabove indicat- ed. I Adopted by the following recorded vote: AYES: Mr. Canpton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson NAYS: None IN RE: FEDERAL GENERAL REVENUE SHARING The Board concurred in the report of the County Executive regarding Federal General Revenue Sharing and authorized proceeding with sul:mission of fonns pertain ing to Planned Use Reports as proposed. IN RE: PROPOSED YOUTH BUREAU - SHERIFF'S DEPARI'MENT Supervisor Myers moved that the Sheriff's Department be authorized to apply for a Federal grant to initiate a youth and family services bureau. The motion was adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson I NAYS: None IN RE: POLICY FOR PARrICIPATION BY NON-COUNTY RESIDENTS IN COUNTY RECREATION PROGRAMS On motion of Supervisor Dodson and the unanimous voice vote of the Board, the report of the County Executive regarding policy for participation by non- County residents in County recreation programs was this date received and filed. IN RE: MASTER PIAN - TINKER KNOIL PARK Certain V.P. I. & S. U. Architectural students appeared before the Board .. 129 5-11-76 and made a detailed and infonnative presentation on the site development plan for Tinker Knoll Park. The Supervisors thanked the students and coITm:!nded them on such a well- prepared presentation. IN RE: MASON COVE MOOSE IDJX;E BALLFIELD The Board concurred with the County Executive and raised no objection to the I County's Building and Grounds crevv handling preParation of the Mason Cove Moose Lodge ballfield with the understanding that this can be done when time allows. IN RE: PLANNING GRANT - COUNTY GOVERNMENT CENI'ER The Board concurred with the County Executive and authorized the filing of a DJCP Planning Grant to be used toward the construction of the County's Govern- mental Center. IN RE: ANNEXATION The County Executive advised that he and County Attorney Ed Natt had met with the County's Annexation Consultants and that the Consultants will seek declaratory judgment in court to resolve the disagreement between the County and City of Sal over Salem's portion of the joint school budget and further advised that the Con- sultants will petition to reconvene the Annexation Court to settle discrepancies I between the City of Roanoke and the County over the City's not campI ying with the terms and conditions of the annexation court order. The Accounts Paid and the Financial Statement for the IIDnth of April, 1976, were for infonnation of the Supervisors and are filed with the minutes of this meeting. IN RE: RESOLUTION NO. 1491 CONSOLIDATING THE FINANCIAL ACCaJNTING OF THE DEPARTMENT OF SOCIAL SERVICES AND THE LIBRARY SYSTEM INI'O THE GENERAL FUND OF THE COUNTY. WHEREAS, the Board of County Supervisors has heretofore established a central accounting system for all County departments in order to provide for the proper handling of all County funds; and WHEREAS, the Board is of opinion that the best interests of the County would be served by consolidating the financial accounting of the Department of Social Services and the Library System into the County I s General Fund, pursuant to the I provisions of Section 15.1-163.1 of the Code of Virginia. NCW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the financial accounting of the DePartment of Social Services and the Library System be consolidated into the General Fund of the County, pursuant to 5-11-76 .. 3- Section 15.1-163.1 of the Code of Virginia, said change to be effective July 1, 1976. On motion of Supervisor Myers and adopted by the following recorded vote: AYES: Mr. Canpton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson I NAYS: None IN RE: RESOLtJrION NO. 1492 ESTABLISHING A GRANT PROJECTS FUND WITHIN THE (x)UNI'Y I S AUDITING AND ACCOUNTING SYSTEM. WHEREAS, the Board of County Supervisors has heretofore handled each indivi- dual grant it has received as a separate fund in order to provide a proper audit trail and accounting sufficient to meet Federal and State requirements; and WHEREAS, in order to improve the accounting system of the County, the Board is of the opinion that a separte Grant Projects Fund should be established; all funds received pursuant to all Federal and State grants being placed in said fund. NCM, THEREFORE, BE IT RESOLVED by the Board of County Supervisors that there is hereby established, effective July 1, 1976, a Grant Projects Fund; said Fund to be utilized in the handling of all monies received by the County from Federal and State grants. I On motion of Supervisor Dodson and adopted by the following recorded vote: AYES: Mr. Canpton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson NAYS: None IN RE: ORDINANCE NO. 1493 EX'IENDING BY 'TEN DAYS THE DATE ON WHICH THE REAL ESTATE TAXES FOR THE FIRST HALF OF THE 1976 CALENDARY YEAR IS DUE AND PAYABLE AND PROVIDING FOR AN EMERGENCY. WHEREAS, the real estate taxes assessed against all real estate situate in Roanoke County for the first half of the calendar year 1976 are, by statute, due and payable on June 5, 1976; and WHEREAS, Section 58-963.1 of the Code of Virginia provides that the Board of County Supervisors may, by ordinance duly adopted, extend by one calendar month the date on which said payment is due and payable; and WHEREAS, the Board of County Supervisors of Roanoke County deems it to be I necessary to extend by ten days the date on which the real estate taxes for the first half of the 1976 calendar year are due and payable; and WHEREAS, an emergency is declared to exist in order that this ordinance may take effect upon its passage. NOW, THEREFORE, BE IT ORDAINED by the Board of County Supervisors of Roanoke County that the due date for the first half of the 1976 real estate taxes be, and .. 5-11-76 \131 it is hereby extended by ten days and that the Director of Finance be, and he is hereby directed to collect said real estate taxes with the provision that no penalty be incurred in connection with payment of such real estate taxes on or before June 15, 1976. BE IT FURTHER ORDAINED that, pursuant to the provisions of Section 15.1-504 I of the Code of Virginia, 1950, as anended, the Clerk of this Board is hereby directed to publish this ordinance in the Roanoke World News, a newspaper having general circulation in Roanoke County, once a week for two consecutive weeks and that it be posted at the front door of the Roanoke County Courthouse and that a copy be on file in the Clerk's Office of the Circuit Court of Roanoke County and the County Executive's Office at 306A East Main Street, Salem, Virginia. BE IT FINAIJ..Y ORDAINED that this Ordinance shall be in full force and effect upon its passage. On Motion of Supervisor Compton and adopted by the following recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs. Johnson NAYS: None IN RE: RESOLUTION NO. 1494 APPROVING THE EMPIDYMENT OF DANIEL A. ROBINSON AND ASSOCIATES TO CONDUCT THE COUNTY'S AUDIT AND TO PREPARE A DEBT SCHEDULE RELATING TO ANNEXATION. I WHEREAS, the firm of Daniel A. Robinson and Associates has sul:rnitted propo- sals to the Director of Finance for preparing the upcoming annual audit and further for preparing a bonded debt schedule reflecting the effects of all pre- vious annexation decress; and WHEREAS, funds sufficient to pay for the cost of said project are included within the 1975-76 budget and within the proposed 1976-77 budget; and WHEREAS, the Board of County Supervisors of Roanoke County is of opinion that said finn should be errployed by said Board to conduct the annual audit for fiscal year 1975-76 and further to prepare a bonded debt schedule showing the effects of all annexation decrees. NCW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the firm of Daniel A. Robinson and Associates be, and they are hereby I authorized and directed to prepare the following reports for Roanoke County: (1) The annual audit for fiscal 1975-76 at a cost not to exceed $26,000; $25,000 of said cost to be for preparation of the audit and $1,000 being for assisting the Director of Finance in upgrading the accounting, auditing, and reporting systems of the County; funds for said audit being contained in the proposed 1976-77 budget. 5-11-76 - i132 (2) Preparation of a bonded debt schedule including the effects of all previous annexation decrees at a cost to the County not to exceed $3,500; funds for said project being included in the current 1975-76 budget. BE IT FURTHER RESOLVED that the County Executive be, and he is hereby I authorized an directed to enter into an agreement with said firm, outlining the work to be accamplished by said firm; said agreement to be in such form as is approved by the County Attorney and to contain the cost figures outlined in this resolution. On motion of Supervisor Dcxlson and adopted by the following recorded vote: AYES: Mr. Campton, Mr. Dcxlson, Mr. Myers, Mr. Tanpkins, Mrs. Johnson NAYS: None IN RE: AMENI11ENT 'ill APPROPRIATION ORDINANCE NO. 1495 APPROPRIATING THE SUM OF $12,411 IN CONNECTION WITH WAN 'ill CRIME INVESTIGATION GRANT FUND (75-A3281) On motion made by Supervisor Tanpkins, the General Appropriation Ordinance of Roanoke County, Virginia, adopted June 10, 1975, be, and the same is hereby amende< as follows to became effective May 11, 1976: I Expenditures - Addition 318B - Accounts to be Reimbursed. 902B - wan to Crime Investigation Grant Fund (75-A3281): An additional appropriation of $12,411 is hereby made fran the General Operating Fund for the period ending June 30, 1976 for the function and purpose hereinabove indicated. Revenues - Addition 3030 - Nonrevenue 1129 - Repayrrent of loan fran Crime Investigation Grant Fund: An additional estimate of $12,411 is hereby made to the General Operating Fund for the period ending June 30, 1976 for the function and purpose herein- above indicated. Adopted by the following recorded vote: AYES: Mr. Campton, Mr. Dcxlson, Mr. Myers, Mr. Tampkins, Mrs. Johnson NAYS: None IN RE: RESOLillION NO. 1496 APPROVING A WAN IN ANTICIPATION OF RECEIPT OF FEDERAL FUNDS, PURSUANT 'ill A GRANT APPLICATION. I WHEREAS, the Board of County Supervisors, at a meeting held on April 27, 1976, accepted a grant fran the Division of Justice and Crime Prevention for crime investigation; and WHEREAS, it is the policy of the Federal goverrunent to forward to the County the funds received by the County for such grants only after the purchase of the items has been made by the County; and - 5-11-76 i133 WHEREAS, the Board of County Supervisors is of the opinion that a loan should be made frcrn the General Operating Fund for the amount of the State and Federal funds that will be received follcwing purchase of the i terns pursuant to said grant NCW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke $12,411.00, to the grant fund established for crbninal investigation, said monies I County that a loan be made from the General Operating Fund, in the amount of to be repaid to the General Fund upon receipt fram the Federal government of re- imbursement for the funds expended by the County for the purchase of the i terns included in the grant project. On motion of Supervisor Tanpkins and adopted by the follcwing recorded vote: AYES: Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tanpkins, Mrs. Johnson NAYS: None IN RE: RESOLUTION NO. 1497 AWARDING A CONTRACT 'IO PERFORM PHYSICAL EXAMINATIONS ON NEW DEPUTY SHERIFFS, COUNTY POLICEMEN, AND FIREMEN AND 'TERMINATING A PREVIOUS AGREEMENT FOR THE SAME. WHEREAS, the Board of County Supervisors has heretofore entered into an agreement whereby Lewis-Gale Clinic was to perform physical examinations for deputy sheriffs, County policemen, and firemen for a specified rate; and WHEREAS, said Clinic advised the County of an increase in the charge to the I County and thereafter the Depari::Irent of Finance received other quotations for conducting said physicals; and WHEREAS, the Director of Finance has recomnended terminating the agreement wi th Lewis-Gale Clinic and awarding a one-year contract to Roanoke-Salem Clinic, Inc. cCllllITencing July 1, 1976, said Clinic to perform the physical examinations at a cost of $62.00 per examination, in which reconmendation the Board concurs. NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the agreement dated October 10, 1973, with Lewis-Gale Clinic be, and the same is hereby teminated insofar as Roanoke County's obligations are involved as of June 30, 1976, the County Executive to notify said Clinic of said termina- tion. BE IT FURTHER RESOLVED that the quotation of Roanoke-Salem Clinic, Inc. to I perform said physicals at a cost of $62.00 per physical be, and the same is hereby accepted, the County Executive being authorized and directed to execute the necess ary contract therefor, to be for a term of one year conmencing July 1, 1976, said contract to be in a form approved by the County Attorney. 5-11-76 - 1 :~ 4 On motion of Supervisor Myers and adopted by the following recorded vote: AYES : Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tanpkins, Mrs. Johnson NAYS: None IN RE: RESOLUTION NO. 1498 AUTHORIZING THE ACCEPTANCE OF A BID FOR GRADING THE TINKER KNCWLL PARK. . WHEREAS, three bids were received and opened on April 30, 1976, in the Depart ment of Finance, Roanoke County Courthouse, Salem, Virginia, for the grading of the Tinker Knoll Park in north County; and WHEREAS, funds to accomplish the same were included in the 1975-76 fiscal yeaJ budget for the Engineering DePartment; and WHEREAS, a reccmrendation has been made that the County accept said bid fran the bidder hereinafter specified, said bid being the lowest bid fully meeting the County's specifications for said grading. NCW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors of Roanoke County that the bid of Thomas Brothers, Inc. in the amount of $13,247.50 for the grading of the Tinker Knoll Park be, and the same is hereby accepted, the County Administrator being authorized and directed to execute the necessary purchase order therefor. . On motion of Supervisor Myers and adopted by the following recorded vote: AYES : Mr. Compton, Mr. Dodson, Mr. Myers, Mr. Tanpkins, Mrs. Johnson NAYS: None IN RE: RESOLUTION NO. 1499 ACCEPTING A GRANT FOR THE PURCHASE AND INSTALIATION OF A GENERATOR IN THE SHERIFF'S DEPAR'll1ENT ANNEX ON THE ROANOKE COUNTY COUR'lliOUSE. WHEREAS, the Board of Supervisors has heretofore authorized the sutmission of two grant applications to the Defense Civil Preparedness Agency for the pur- chase and installation of an emergency stand-by generator; and WHEREAS, the County has been notified that said grants were approved in the amounts of $12,000 for the purchase of the generator and $15,000 for the installa- tion and engineering fees of the same; with the County to pay one-half of the total cost; and . WHEREAS, the County desires to accept said grant in order to provide for the purchase and installation of a stand-by generator. New, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that Grant No. VA400-7-1975 in the amount of $12,000 for the purchase of an emergency stand-by generator and Grant No. VA400-676 in the amount of $15,000 for - lS,,~ {'~";':1 .: , 5-11-76 41' the installation and engineering fees relating thereto be, and the same are her accepted; the County Executive to notify the appropriate agencies of the Cormty's acceptance of said grants and to execute all requisite documents necessary to be executed in order to obtain said grant. On motion of SUPervisor Tompkins and adopted by the following recorded vote: AYES: Mr. Canpton, Mr. Ta'rpkins, Mr. Dodson, Mr. Myers, Mrs. Johnson NAYS: None IN RE: AMENDMENT TO GENERAL APPROPRIATION ORDINANCE NO. 1500 APPROPRIATING THE SUM OF $8,000 FROM THE COUNTY'S UNAPPROPRIA'IED BALANCE FOR THE PURCHASE AND INSTALIATION OF AN EMERGENCY STANDBY GENERATOR On motion of Supervisor Tanpkins, the General Appropriation Ordinance of Roanoke Cormty, Virginia, adopted Jrme 10, 1975, be, and the same is hereby amend ed as follows to became effective May 11, 1976: Expenditures - Additions 3l8G - Emergency Services Additional appropriations are hereby made from the General Operating Fund for the period ending Jrme 30, 1976, for the following functions and purPOses: 90lA - Contribution to Generator Grant - Purchase (VA400-7-l975) $3,500 Contribution to Generator Grant - Installation (VA400-676) $4,500 Unappropriated Balance - Deletion 399A - Contingent Balance 999 - Unappropriated Balance: A deletion of $8,000 is hereby made from the General Operating Frmd' s Unappropriated Balance for the period ending Jrme 30, 1976, for the frmction and purpose hereinabove indicated. Adopted by the following recorded vote: AYES: Mr. Canpton, Mr. Dodson, Mr. Myers, Mr. Tanpkins, Mrs. Johnson NAYS: None IN RE: RESOLUTION NO. 1501 AUTHORIZING 'IRE ADDITIONAL EXPENDITURE OF $1,600 FOR ENGINEERING FEES IN CONNECTION ~vITH INSTALIATION OF AN EMERGENCY STAND-BY GENERATOR WHEREAS, the finn of Smithey & BoYnton, Architects and Engineers, has been previously selected to perfonn the design, bid preparation, construction contract, job drawings, construction observations and reports and related engineering services in connection with the purchase and installation of an emergency stand-by generator in the Sheriff's Department annex of the Roanoke County Courthouse. WHEREAS, said finn has advised that the total cost in connection with said project will be approximately .$4,100, which cost~.is ..$1,600 more than had previousl 5-11-76 IIIIIiIre authorized; and WHEREAS, the Board desires to approve said additional expenditure for engi- neering fees. NCM, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that said Board hereby approves an additional expenditure of $1,600 for engineerin fees, said sum being payable to the finn of Smithey & BoYnton, Architects and Engineers, in connection with the engineering services related to the purchase and installation of an anergency stand-by generator in the Sheriff's Deparbnent annex of the Roanoke County Courthouse. On motion of Supervisor Tanpkins and adopted by the following recorded vote: AYES: Mr. Canpton, Mr. Dodson, Mr. Myers, Mr. Tanpkins, Mrs. Johnson NAYS: None IN RE: RESOLUTION NO. 1502 APPROVING A WAN IN ANTICIPATION OF RECEIPT OF FEDERAL FUNDS, PURSUANT 'IO A GRANT APPLICATION. WHEREAS, the Board of Supervisors, at a meeting held on May 11, 1976, accepted a grant fran the Defense Civil Preparedness Agency for the purchase and installation of an emergency stand-by generator; and WHEREAS, it is the policy of the Federal government to forward to the County the funds received by the County for such grants only after the purchase of the i terns has been made by the County; and WHEREAS, the Board of Supervisors is of opinion that a loan should be made fran the General Operating Fund for the amount of the State and Federal funds that will be received fOllCMTing purchase of the itEmS pursuant to said grant. NCW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that a loan be made from the General Operating Fund, in the aIrount of $13,500.00 to the grant fund established for the emergency stand-by generator, said monies to be repaid to the General Fund upon receipt from the Federal government of re- imbursement for the funds expended by the County for the purchase of the items included in the grant proj ect. On rmtion of Supervisor Tanpkins and adopted by the following recorded vote: AYES : Mr. Ccmpton, Mr. Dodson, Mr. Myers, Mr. Tanpkins, Mrs. Johnson NAYS: None The following Appropriation Ordinances were approved in connection with the purchase and installation of an Emergency Standby Generator for the County's corrmunications Control Center: .'J 5-11-76 11;3' 7 IN RE: AMENDMENT TO GENERAL APPROPRIATION ORDINANCE NO. 1503 On motion made by Supervisor Tanpkins, the General Appropriation Ordinance of Roanoke County, Virginia, adopted June 19, 1975, be, and the same is hereby amended as follows to become effective May 11, 1976: Expendi hIres - Additions 318B - Accounts to be Reimbursed Additional appropriations are hereby made from the General Operating Fund for the period ending June 30, 1976, for the following functions and purposes: 902C - Loan to Generator Grant - Purchase (VA400-7-l975) 902D - Loan to Generator Grant - Installation (VA400-676) $6,000 $7,500 Revenues - Additions 3030 - Nonrevenue Addi tional estimates of increases are hereby made to the General Operating Fund for the period ending June 30, 1976, for the following functions and purposes: 1130 - Repayment of Loan from Generator Grant - Purchase (VA400-7-1965) $6,0 0 1131 - Repayment of Laon fran Generator Grant - Installation (VA400-676) $7,5 0 Adopted by the following recorded vote: AYES: Mr. COIrq?ton, Mr. Dodson, Hr. Myers, Mr. Tanpkins, Mrs. Johnson NAYS: None IN RE: AMENDMENT TO GENERAL APPROPRIATION ORDINANCE NO. 1504 On motion made by Supervisor Tompkins, the Generall Appropriation Ordinance of Roanoke County, Virginia, adopted June 10, 1975, be, and the same is hereby amended as follows to become effective May 11, 1976: Expenditures - Additions 6053 - Emergency Generator Grant - Purchase (VA400-7-l975) Additional appropriations are hereby made fran the Emergency Generato Grant Fund - Purchase for the period ending June 30, 1976 for the following functions and purposes: 499 - Purchase of Generator 902 - Repay Loan to General Operating Fund $12,000 $ 6,000 Revenues - Additions 6053 - Emergency Generator Grant - Purchase (VA400-7-1975) Additional estimates of increases are hereby made to the Emergency Generator Grant Fund - Purchase for the period ending June 30, 1976 for the following functions and purposes: 0686 - State Federal Cash 1101 - County Direct Cash 1102 - Loan from General Operating Fund to be Repaid $ 6,000 $ 6,000 $ 6,000 Adopted by the following recorded vote: AYES: NAYS: Mr. Canpton, Mr. Dod.son, Mr. Myers, Mr. Tanpkins, Mrs. Johnson None 5-11-76 - 1'36. IN RE: AMENa1ENT ID GENERAL APPROPRIATION ORDINANCE NO. 1505 On motion made by Supervisor Tanpkins, the General Appropriation Ordinance of Roanoke County, Virginia, adopted June 10, 1975 be, and the same is hereby amended as follows to become effective May 11, 1976: Expenditures - Additions 6054 - Emergency Generator Grant - Installation (VA400-676) Additional appropriations are hereby made fran the Emergency Generator Grant Fund - Installation for the period ending June 30, 1976 for the follCMing functions and purposes: 299A - Contracted Administrative Services 299B - Installation of Generator 902 - Repay Loan to General Operating Fund $ 4,350 $10,650 $ 7,500 Revenues - Additions 6054 - Emergency Generator Grant - Installation (VA400-676) 0686 - State Federal Cash 1101 - County Direct Cash 1102 - Loan fran General Operating Fund to be repaid $7,500 $7,500 $7,500 Adopted by the follCMing recorded vote: AYES: Mr. Canpton, Mr. Dodson, Mr. Myers, Mr. Tanpkins, Mrs. Johnson NAYS: None IN RE: RESOLUTION NO. 1506 AUTHORIZING THE PURCHASE AND INSTALIATION OF A STANDBY GENERAIDR IN THE ROANOKE COUNTY SHERIFF'S DEPARTMENT ANNEX WHEREAS, four bids were received and opened on April 29, 1976 in the Depart- ment of Fiance, Roanoke County Courthouse, Salem, Virginia, for the purchase and installation of a standby generator to be installed in the Sheriff's Department Armex of the Roanoke County Courthouse; and WHEREAS, a portion of the necessary funds, in the annunt of $13,450.00 were received in the form of two Federal grants, a portion of the funds in the amount of $5,450.00 being included in the current year's budget, and the remaining funds in the arIDunt of $8,000.00 are being appropriated contemporaneously herewith; and WHEREAS, the Purchasing Supervisor and the Director of Finance have recorrmend ed that the County purchase fran and have installed in the Sheriff's Department Armex to the Roanoke County Courthouse by the bidder hereinafter specified, the standby generator, said bid being the lCMest bid fully meeting the County IS spec- ifications for said generator. NCW, THEREFORE, BE IT RESOLVED. by the Board of Supervisors of Roanoke County that the bid of Varney Electric Canpany, Inc. in the annunt of $26,900.00 for the purchase of and installation in the Sheriff IS Depart:nent Annex of the Roanoke .. 5-11-76 \13,9 County Courthouse of a standby generator be, and the sarre is hereby accepted, the County Executive being authorized and directed to execute the necessary purchase order therefor. On IIDtion of Supervisor Tompkins and adopted by the follcwing recorded vote: AYES: Mr. Compton, Mr. Dodson, rJIr. Myers, Mr. Tompkins, Mrs. Johnson . NAYS: None IN RE: AMENIMENT TO GENERAL APPROPRIATION ORDINANCE NO. 1507 On IIDtion of Supervisor Myers, the General Appropriation Ordinance of Roanoke County, Virginia, adopted June 10, 1975, be, and the sarre is hereby amended as follows to becorre effective May 11, 1976: Expenditures - Addition 314A - Buildings and Grounds 60lB - Administrative Cornplex: An additional appropriation of $17,000 is hereby made fran the General Operating Fund for the period ending June 30, 1976, for the function and purpose hereinabove indicated. Unappropriated Balance - Deletion 399A - Contingent Balance 999 - Unappropriated Balance: A deletion of $17,000 is hereby made fran the General Operating Fund I s Unappropriated Balance for the period ending June 30, 1976, for the function and purpose hereinabove indicated. . Adopted by the follcwing recorded vote: AYES: Mr. Campton, Mr. Dodson, Mr. Myers, Mr. Tompkins, Mrs . Johnson NAYS: None 'Ihe statement of travel expenses incurred by the Sheriff I s Deparbnent for the IIDnth of March, 1976 was for the information of the Supervisors and is filed with the minutes of this meeting. IN RE: BLUE GRASS FESTIVAL - BENT MOUNTAIN Chairman Johnson advised the Board that she was in receipt of a letter fran Mr. Arthur Crush, Attorney for Paul D. Hollyfield, requesting to change the entrace route for the Blue Grass String Bank Competition to be held on Bent Mountain. . The County Attorney advised that said change would constitute a change in the "Use Not Provided For" pennit issued to Mr. Hollyfield on March 23, 1976, and would require another public hearing. The Board concurred in the County Attorney I s opinion and directed the County Executive to notify Mr. Crush of same. 5-11-76 ---- 140 IN RE: APPOINTMENT - HIGHWAY SAFETY CQ1I1rlISSION Supervisor Tcmpkins moved that Mr. John G. Seibel be appointed to serve as one of the representatives fran the Vinton District on the Roanoke County Highway Safety Cornnission; said appoinbrent to be effective this date and to expire on I January 1, 1979. The motion was adopted by the unanimous voice vote of the Board. IN RE: CRIMINAL JUSTICE TASK FORCE CONMITI'EE Supervisor Tanpkins rroved that a Criminal Justice Task Force Carmittee be appointed consisting of the County Executive, County Sheriff, Canmonwealth' s Attorney, Chief of Police for the Town of Vinton, Criminal Justice Planner for the Fifth Planning District Canmission and the Board of County Supervisors as a Canmittee of the Whole; said cornnittee to assist in coordinating law enforcement throughout the County. The motion was adopted by the unanimous voice vote of the Board. IN RE: APPOINTMENT - HIGHWAY SAFETY COMMISSION Supervisor Myers moved that Mr. Roland H. Malone be appointed to serve as I one of the representatives fran the Catawba District on the Roanoke County Highwa\ Safety Canmission; said appoint1nent to be effective this date and to expire on January 1, 1979. The motion was adopted by the unanimous voice vote of the Board. IN RE: APPOINTMENT - HIGHWAY SAFETY COMMISSION Supervisor Ccmpton moved that Mr. James D. Seneff be appointed to serve as one of the representatives fran the Hollins District on the Roanoke County Highwa\ Safety Carmission; said appoinbnent to be effective this date and to expire on January 1, 1978. The motion was adopted by the unanimous voice vote of the Board. IN RE: APPOINTMENT - INDUSTRIAL DEVELOPMENT AUTHORITY Supervisor Torrpkins moved that Mr. Charles R. Saul be reappointed to serve as a member of the Roanoke County Industrial Develor::ID2nt Authority for a tem of I four years, which tem expires on May 11, 1980. The motion was adopted by the unanimous voice vote of the Board. IN RE: REAPPOINTMENTS - PUBLIC SERVICE AUI'HORITY On the motion of Supervisor Myers and the unanimous voice vote of the Board, the following persons were reappointed to serve as :rrernbers of the Roanoke County . 5-11-76 ~-;.. . -. Public Service Authority for one-year tenns each effective from the end of the expiration date of their current tenns: EFFEcrIVE 'IERM DA'IE EXPIRES Mr. B. W. Mahoney 5/14/76 5/14/77 Mr. L. S. Waldrop 5/28/76 5/28/77 I Mr. E. Glenn Bowman 6/30/76 6/30/77 IN RE: ANNEXATION Supervisor Tanpkins ITOved that the County express to the City of Roanoke its willingness to accept back the recently annexed areas with the provision that the City will pay all court costs involved. The motion was adopted by the unanim:ms voice vote of the Board. IN RE: NOTICE OF IN'IENTION TO AMEND SEcrION 14-8, RA'IES GENERALLY, OF THE ROANOKE COUNTY CODE RELATING TO CHARGES FOR REFUSE COLIEcrION SERVICE. BE IT RESOLVED by the Board of Supervisors of Roanoke County that a public hearing be held on June 8, 1976 at 7: 00 p.m. at a regular rreeting of the Board of Supervisors at the Salem-Roanoke County Civic Center, at which time said Board relating to charges for refuse collection service. I will consider amending Section 14-8, Rates Generally, of the Roanoke County Code Supervisor Tanpkins ITOved to adopt the notice of intention to amend Section 14-8 as presented. Supervisor Myers offered an amendment to the notion by deleting the first three items contained in the notice increasing rates for refuse collection service on single rsidences, apart:rrents and trailer parks. The amendment to the ITOtion was defeated by the following recorded vote: AYES: Mr. Dodson, Mr. Myers NAYS: Mr. Compton, Mr. Tompkins, Mrs. Johnson The original ITOtion offered by Supervisor Tompkins was adopted by the follow- ing recorded vote: AYES: Mr. Compton, Mr. Tompkins, Mrs. Johnson I NAYS: Mr. Dodson, Mr. Myers IN RE: RECREATION PROGRAMS Mr. James D. Seneff, President of the North Roanoke Recreation Club, appeared before the Board and requested that he or any other interested club or citizen be 5-11-76 .. 142: included in any negotiations between Roanoke County and Roanoke City regarding cooperative recreation programs for both jurisdictions. The Board raised no objection to this. I This concluded the business before the Board at this session, and on the rrotion of Supervisor Compton and the unanirrous voice vote of the members, the meeting was adjourned at 11: 28 p.m. to reconvene on Wednesday evening, May 12, 1976, at 7:00 p.m. at the Northside High School Auditorium for the purpose of holding a public hearing on the setting of a tax levy on real estate and personal property situate in Roanoke County for the calendar year 1976. Chainnan I I