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Home My WebLink About5/26/1998 - Regular ~ May 26, 1998 333 - Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 May 26,1998 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of May, 1998. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:03 p.m. The roll call was --- taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens, Supervisors Fenton F. "Spike" Harrison, Joseph McNamara, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk to the Board; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by the Reverend Brent Sandy, Grace Brethren Church. The Pledge of Allegiance was recited by all present. - 334 May 26,1998 IN RE: ,.-- REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge added an Executive Session item pursuant to the Code of Virginia Section 2.1-344 A (7) legal matter concerning negotiations with respect to construction contracts. Mr. Mahoney added two Executive Session items (5) economic development prospect where no previous announcement has been made and (7) legal matter concerning actual litigation , namely Grossman's Inc. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS .1... Proclamation declarina week of June 1 - 6. 1998. as Habitat for Humanity Week in Roanoke County. Chairman Johnson presented the proclamation to Ms. Sandy Light, Habitat for Humanity Board Member. Supervisor Minnix moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: NAYS: INRE: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None BRIEFINGS .1... Roanoke CounW contributions to tourism. 1990-98. (Anne Marie Green. Community Relations Director) --------" ~. May 26, 1998 335 = Ms. Green advised that during the recent budget considerations, the Roanoke Valley Convention and Visitors Bureau requested a substantial increase which the Board decided not to provide. While researching the subject for the media, she put together a report on funding for tourism which is considered part of the County's economic development strategy. She advised that Roanoke County's contributions to tourism have increased substantially since 1990, and gave a computer presentation which included the following facts: (1) Funding for tourism increased from $84,340 in 1990 to $529,000 in 1998. (2) Contributions to the Convention and Visitors Bureau have increased during this period from $25,000 to $107,000. (3) Only six tourism related organizations received funding in 1990-91, while 15 receive funding in the proposed 1998/99 budget. (4) Total in kind contribution to Explore from 1990-98 were $161,575. (5) Total in-kind contributions to Special Events from 1990-98 were $505,413. (6) Tax revenues from meals, lodging and admission taxes have not kept pace with the increase in contributions. These revenues have increased from approximately $2 million in 1990-91 to $2.8 million in 1996-97, and some categories, such as admissions and lodging, actually decreased in 1995-96 possibly due to opening of Hotel Roanoke. In response to Supervisor Nickens' inquiry, Ms. Green advised that she would obtain equivalent figures from other localities concerning tax revenues. In response to Supervisor Harrison, Director of Parks & Recreation Pete Haislip advised that he would provide figures on how much money was spent by his department in setting up for special events and cleaning up afterwards. 336 May 26,1998 ~ IN RE: NEW BUSINESS .1... Request to approve a resolution allowing the CounW of Roanoke to Darticipate in the Roanoke Valley Detention Commission. (John M. Chambliss. Assistant Administrator) R-052698-1 Mr. Chambliss advised that the City of Roanoke has already determined the need to increase their 21 bed facility at Coyner Springs to 43 beds which would include 2 beds to serve Botetourt County. A second needs assessment indicated that 38 additional beds are needed to serve the City of Salem (10 beds), Franklin County (8 beds) and Roanoke County (20 beds). Legislation was approved by the 1998 Session of the General Assembly to allow the formation of a commission for the purpose of building and operating a juvenile detention facility. Construction of the 60 new beds and renovation of the existing 21 beds should begin in the fall of 1998 with occupancy in the summer of 2000. Financing will be secured by the commission, and each jurisdiction will be responsible for repayment through the per diem rates for the beds used. The State generally shares in the cost of such facilities at the rate of up to 50% of the acquisition and construction costs with a cap of $52,000 per bed. Cost for the construction and renovation is estimated at $8,125,500, and the per diem rates will be the same for all member jurisdictions. Participating in the Commission will allow Roanoke County a voice in the provision of services to youths and will guarantee access to 20 beds on a perpetual basis. He asked that the Board authorize the County Administrator to execute the Roanoke Valley Detention Commission Service Agreement to allow Roanoke County to be a --. May 26, 1998 337 - participating commission member, and nominate an individual to serve as Roanoke County's member to the Commission and to refer that appointment to the Chief Judge of the Juvenile Court. Supervisor Harrison moved to adopt the resolution and nominate John Chambliss, Jr. to the Commission. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 052698-1 AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE THE ROANOKE VALLEY DETENTION COMMISSION SERVICE AGREEMENT BY AND AMONG THE COMMISSION, THE CITIES OF SALEM AND ROANOKE, AND THE COUNTIES OF FRANKLIN, ROANOKE, AND BOTETOURT WHEREAS, by Resolution 021098-2 Roanoke County approved the expansion of the Roanoke Detention Center to become the Roanoke Valley Juvenile Detention Commission to be composed of four jurisdictions, namely the Cities of Roanoke and Salem, and the Counties of Roanoke and Franklin; and the County of Botetourt (should Botetourt choose to participate). BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the County Administrator, or his designee, are authorized, for and on behalf of the County of Roanoke, to execute the Roanoke Valley Detention Commission Service Agreement and other necessary documents by and among the Commission, the City of Salem, and the Counties of Franklin, Roanoke, and Botetourt to govern the parties' respective obligations before, during, and after renovation and expansion of the Juvenile Detention Center, upon form approved by the County Attorney. On motion of Supervisor Harrison to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 1.. Resolution approving the fiscal year 1998/99 budget and 1998- 2003 CaDitallmDrovement Program for Roanoke County. (Brent 338 May 26,1998 Robertson. Budaet Manager) R-052698-2 Mr. Robertson asked for adoption of a resolution approving the fiscal year 1998/99 budget for Roanoke County. The overall County budget is $235,089,263, less the transfers within funds of $67,638,780, for a total budget of $167,450,483. It also includes the unappropriated balances for the General Government, Capital, Water and Sewer funds, a reappropriation of funding from the unappropriated capital fund to specific capital projects, and the School's budget. The proposed budget was submitted to the Board and a public hearing was held on May 12, 1998. The only change that has been made since that time is the addition of $100,000 from the unappropriated capital fund for the development of the McDonald Farm with the Town of Vinton. He also advised that the FY 1998-2003 Capital Improvements Program is included as part of the resolution. A draft of the CIP was presented to the Board for review and discussion in March, 1998, and there was a public hearing on May 12, 1998 for citizen comments. The adoption of the CIP does not represent an appropriation of funds. He advised that after adoption of the resolution, there will need to be a first and second reading of the Appropriation Ordinance before July 1, 1998. and that adoption of the County budget does not commit or appropriate funds for expenditure. This commitment of funds will not occur until the second reading and approval of the FY 1998/99 Appropriation Ordinance. Supervisor Nickens had questions about the CIP concerning the $50,000 for Walrond Park, Phase III, $100,000 for the Southwest County District Parkland, and ~. May 26, 1998 339 - $50,000 for firearms range and asked that the description for these items be clarified and recorded properly into the document. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 052698-2 APPROVING THE FISCAL YEAR 1998-99 BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, Section 15.2-2503 of the 1950 Code of Virginia, as amended, provides that the governing body of the County shall prepare and approve an annual budget; and WHEREAS, said budget shall be prepared and approved for informative and fiscal planning purposes only; and WHEREAS, this budget contains a complete itemized and classified plan of all contemplated expenditures and all estimated revenues and borrowings for the ensuing fiscal year; and WHEREAS, the County Administration has developed a capital improvements program to be used as a management and budget tool to assist County staff and the Board of Supervisors in addressing the capital needs of our community; and WHEREAS, a brief synopsis of said budget was published as required by the provisions of Section 15.2-2506 of the State Code, and the public hearing on the budget and the capital improvement program as required thereon was held on May 12, 1998; and NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That there is hereby approved the annual budget for Fiscal Year 1998- 99 for Roanoke County, Virginia, as follows: , I 340 May 26, 1998 - County of Roanoke Budget Adoption FY 1998-99 Revenue Estimates General Fund General Government General Property Taxes Other Local Taxes Permits, Fees & Licenses Fines and Forfeitures Interest Income Charges for Services Commonwealth Federal Other Total General Government Adopted FY 1998-99 Youth Haven II Comprehensive Services Law Library Recreation Fee Class Internal Services Garage II Total General Fund 70,835,000 21,250,000 730,000 567,000 600,000 279,500 6,199,609 1,842,873 783,250 103,087,232 442,655 1,707,917 41,980 719,629 1,912,829 1,055,037 108,967,279 Debt Service Fund Capital Projects Fund Internal Service Fund Water Fund Beginning Balance Total Water Fund Sewer Fund School Operating Fund School Cafeteria Fund School Grants Fund School Textbook Fund Total School Funds 9,873,222 3,714,130 892,468 11,339,528 214,260 11,553,788 6,572,913 87,233,241 3,293,000 2,137,547 851,675 93,515,463 Total Revenues All Funds Less: Transfers Total Net of Transfers 235,089,263 (67,638,780) 167,450,483 May 26,1998 341 - County of Roanoke Budget Adoption FY 1998-99 Adopted FY 1998-99 Proposed Expenditures General Fund General Government General Administration Constitutional Officers Judicial Administration Management Services Public Safety Community Services Human Services Non-Departmental Transfers to School Operating Fund Transfers to Capital Fund Transfers to County Garage Transfers to Debt Service Fund other Total General Government Youth Haven II Comprehensive Services Law Library Recreation Fee Class Internal Services Garage II Total General Fund Debt Service Fund Capital Projects Fund I ntemal Service Fund Water Fund Unappropriated Balance Total Water Fund Sewer Fund Unappropriated Balance Total Sewer Fund School Operating Fund School Cafeteria Fund School Grants Fund School Textbook Fund Total School Funds Total Expenditures All Funds Less: Transfers Total Net of Transfers 2,317,364 6,648,960 516,815 1,971,454 11,314,958 7,784,283 9,630,175 3,614,612 46,582,748 3,209,130 1,055,037 6,610,228 1,831,468 103,087,232 442,655 1,707,917 41,980 719,629 1,912,829 1,055,037 108,967,279 9,873,222 3,714,130 892,468 11,413,942 139,846 11,553,788 5,809,636 763,277 6,572,913 87,233,241 3,293,000 2,137,547 851,675 93,515,463 235,089,263 (67,638,780) 167,450,483 , 342 May 26, 1998 County of Roanoke Budget Adoption FY 1998·$9 Adopted FY 1998-99 In addition to thé above revenues and expenditures, the following beginning balances will be appropriated to the Unappropriated Balances of the respective funds: General Fund Capital Projects Fund Water Fund Sewer Fund 7,000,000 175,000 2,464,564 4,551,502 The Capital Fund Revenue and Expenditure budgets includes a reallocation of funds from the Capital Fund Unappropriated Fund Balance in the amounts listed for the following projects: Center for Research and Technology Blue Ridge Parkway Interpretive Center South County Park Development North County Soccer Field Police Firing Range Courthouse Renovations McDonald Farm 100,000 30,000 100,000 50,000 50,000 75,000 100,000 E E .. 8' J!! 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U I! n .E >- Q ~ ~ E e :!:! :> < ~ "CI .J: .c: 0 ã j i ~ ;-fiii"õ -gnil i f5 ~ ~ ~ i¡j ¡:¡ ~ -f: "õ 0 ..2 ~ ; ; U ! i ~ .s g.:;~] I!!: c c :í a 5 5 ü ;¡ 00 .s õ".!Il!! i5. Ii ¡; 0 GI ;¡ In.... e _ e "i g ~ ~ i "õ Š 1 [ g. 0 0 .!t ~ ! g g I=~~~l = -...... -...... ~C:!.c.::!. ~ ~ .... 346 May 26, 1998 2. That the preparation and approval of this budget is for informative and fiscal planning purposes only. 3. That the County capital improvements program for FY 1999-2003 is hereby adopted and approved. 4. That this capital improvements program shall not be considered a portion of the Roanoke County Comprehensive Plan, On motion of Supervisor Nickens to adopt the resolution, and carried by the fOllowing recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 3. Adoption of Roanoke County's Revised Revenue SharinQ Proiects for FY98-99 and Supplemental Fundina for FY97-98. (Arnold Covey. Director of Enoineerin9 & Inspections) A-052698-3 Mr. Covey advised that this will be the first time that the County can finish all the projects on the revenue sharing list. The County submitted a revised revenue sharing list in December, 1997, and moved some of the projects to the supplemental list because of insufficient funds. However, the State is providing an additional $5,000,000 to this program which increased the County's FY 98/99 revenue sharing by $471,940. Due to the $25,000 supplemental funding for FY97/98 and the fact that the Virginia Department of Transportation paved several roads currently on the list with winter maintenance funds, staff is anticipating adding two projects to the list. The first is the signal light at the intersection of Route 220 and Valley Avenue according to the agreement with Lowe's and the second is improvements to Crumpacker Drive near the Bonsack Elementary School. The School Board is providing the match of funds ($6,760) for the County's contribution May 26,1998 347 for Crumpacker Drive. He asked that the Board approve the FY 98/99 and FY 97/98 supplemental project lists for a total of $496,940. Supervisor Minnix moved to approve Alternate #1 - approve FY98/99 and FY97/99 supplemental project lists as submitted. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: REQUEST FOR PUBLIC HEARINGS AND FIRST READINGS OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Johnson moved to approve the first readings and set the second readings and public hearings for June 23, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 1.. Ordinance to rezone 2.03 acres from C-1 to C-2 to construct a dry cleanina and retail sales business. located on Route 460 between Trail Drive and West Ruritan Road. Hollins Magisterial District. upon the petition of Cicero Hall. Jr. 2. Ordinance to rezone approximately 0.35 acre from R-1 to C-1 to develop an office park. located near the intersection of McVitty Road and Route 419. Windsor Hills Magisterial District. upon the petition of Vaughn & Jamison. L.L.C. ;L Ordinance authorizing a Special Use Permit to construct a 120 ft. 348 May 26, 1998 broadcasting tower. located at Little Brushv Mountain. Catawba Maaisterial District. UDon the Detition of CFW Wireless. 4. Ordinance authorizina a Special Use Permit to allow for an outdoor Qatherina on 80 acres. behind the Holidav Inn off of Skyview Road. Catawba Magisterial District. UDon the petition of Paul Hartle III. IN RE: READING OF ORDINANCES 1 First reading of ordinance aDpropriating the funds for the fiscal year 1998/99 budaet. (Brent Robertson. Budaet ManaQer) Mr. Robertson advised that the FY 98/99 budget was presented to the Board on May 12, 1998 and a public hearing was held at that time. The ordinance includes projected fund balance amounts and discloses all significant financial resources available to fund County operations for FY 98/99, He asked for approval of the first reading of the ordinance and approval of the attached Classification Plan. Supervisor Nickens advised that the Classification Plan listed the grant funded and temporary position for a construction inspector at Dixie Caverns which is now closed, and asked if this position could be used for the school construction coordinator. Mr. Hodge advised that he will look at this suggestion. Supervisor Nickens moved to approve the first reading and set the second reading for June 9, 1998. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None May 26,1998 349 - IN RE: READING OF ORDINANCES .1... Second readin9 of ordinance repealina Article V. Bingo Games and Raffles. of Chapter 4. Amusements of the Roanoke County Code. (Paul Mahoney. County Attomev) 0-052698-4 Mr. Mahoney advised that there have been no changes to the ordinance since the first reading, There was no discussion and no citizens present to speak on this issue. Supervisor Nickens moved to adopt the ordinance, The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 052698-4 REPEALING ARTICLE V. "BINGO GAMES AND RAFFLES" OF CHAPTER 4 "AMUSEMENTS" OF THE ROANOKE COUNTY CODE WHEREAS, Article V, "Bingo games and raffles' of Chapter 4. "Amusements' of the Roanoke County Code regulates the conduct or operation of bingo games and raffles in Roanoke County; and WHEREAS, in 1995 the Virginia General Assembly created the Charitable Gaming Commission and vested control of all charitable gaming in the Commonwealth with this Commission effective July 1, 1996; and WHEREAS, the first reading of this ordinance was held on May 12, 1998; and the second reading was held on May 26, 1998. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County as follows: 1. That Article V. "Bingo games and raffles' of Chapter 4, "Amusements' 350 May 26,1998 be, and hereby is, repealed in its entirety. 2. That this ordinance is effective from and after its adoption. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2.. Second reading of ordinance authorizing a lease allowing CFW to install an antenna on the Avenham Water Tank. (Gary Robertson. Utility Director) 0-052698-5 Mr. Robertson advised that there have been no changes since the first reading, and that CFW has submitted an offer of $300 per month for use of this site with an initial term for five years with the ability to renew for three additional five year term, and with an escalation clause for rent increases. Staff is still negotiating some of these details, and Mr. Robertson asked for approval of the ordinance. It will generate $3,600 per year for the water fund and assist the County in future maintenance of sites like this. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ORDINANCE 052698-5 AUTHORIZING A LEASE AGREEMENT WITH CFW, INC., FOR THE USE OF THE AVENHAM WATER TANK FOR THE INSTALLATION OF A CELLULAR ANTENNA WHEREAS, the ever increasing use of cellular telephones within the May 26, 1998 351 Roanoke Valley creates a demand for additional cellular tower locations to accommodate the needs of cellular phone companies to adequately handle this increased cellular phone traffic; and WHEREAS, the proliferation of cellular phone towers creates the potential for significant impacts upon the visual, environmental and economic environment of Roanoke County, and adjoining jurisdictions, which has compelled the County to encourage the co-location of cellular transmission equipment and facilities on existing structures as opposed to the erection of new towers; and WHEREAS, CFW, Inc., an FCC licensed provider of cellular telephone services within the Roanoke Valley, has approached the Roanoke County Utility Department with a proposal for leasing space on the County's Avenham water tank, near Route 419 across from Tanglewood Mall, for the installation of a cellular repeater antenna; and WHEREAS, this proposed lease would generate revenue for the Utility Department's water fund which will assist this Department in maintaining this water tank and other facilities and may alleviate the need for future rate increases; and WHEREAS, the first reading of this ordinance was held on May 12, 1998; and the second reading for this ordinance will be held on May 26, 1998. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading was held on May 12, 1998; and a second reading was held on May 26, 1998, conceming the lease of a location for a cellular telephone repeater antenna on the County's Avenham water tank shown and designated on the Roanoke County Land Records as Tax Map No. 77.20-1-50. 2. That an offer in writing having been received to lease said properties, the offer of CFW, Inc. for a lease term of five (5) years with the right for three additional terms of five (5) years and a lease amount of $300 per month, with reasonable increases in lease payments upon each renewal thereof, is hereby accepted/rejected; and 3. That the proceeds from the lease of said properties shall be deposited in the Water Utility Fund, 4. That the County Administrator is authorized to execute such leases, and any accompanying documents, and to take such other actions on behalf of Roanoke County as are necessary to accomplish the lease of a cellular telephone antenna location on the Avenham water tank site, all of which shall be of such form as approved by the County Attorney. 5, That this ordinance shall be in full force and effect from its passage. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 352 May 26, 1998 ~ Second reading of ordinance enacting Section 13-13.1. of the Roanoke Countv Code. Authorized DisDosal of Trash. Unlawful Scavenging or Handlina of Trash. (Joseph Obenshain. Sr. Assistant Countv Attorney) Mr. Mahoney advised that the second reading of this ordinance had been continued until June 9, 1998. INRE: EXECUTIVE SESSION Supervisor Johnson added an item to Executive Session pursuant to Section 2.1-344 A (3) personnel matter concerning appointment to Roanoke Regional Airport Commission. IN RE: APPOINTMENTS 1 Fifth Planning District Commission Supervisor Johnson nominated Supervisor Harrison and County Treasurer Alfred C, Anderson, to serve as elected representatives, both for another three year term, which will expire June 30, 2001, 1 Highwav and Transportation Safety Commission Supervisor Nickens nominated First Sgt. Frank W. Duffy, to serve as State Police representative, and John Blank, Training Lieutenant, Hollins Rescue Squad, to serve as a medical representative. They will serve four year terms which will expire June 30, 2002. May 26, 1998 353 3. Parks and Recreation Advisorv Commission Supervisor Minnix nominated Jack W. Griffith to represent the Cave Spring Magisterial District for another three year term which will expire June 30, 2001. IN RE: CONSENT AGENDA R-052698-6. R-052698-6.c Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None RESOLUTION 052698-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for May 26, 1998 designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8, inclusive, as follows: 1. Approval of minutes for April 28, 1998. 2. Confirmation of committee appointment to the Board of Zoning Appeals. 3. Acceptance of grant by the Roanoke County Circuit Court Clerk's office for reformatting certain deed books from paper to microfilm. 4. Approval of Resolution of Appreciation upon the retirement of Michael F. Henninger, Police Department. 5, Authorization for write-off of Utility Bad Debt. 6. Acceptance by Roanoke County Schools of Summer Youth Employment Program Grant. 7. Request for approval of petty cash for Department of Community 354 May 26, 1998 Development. 8. Donation of two 10' sanitary sewer easements, along each side of an existing 15' sanitary sewer easement, across Lot 17, Larson Oaks Subdivision, owned by George P. Baron, Jr., and Tammy O. Baron. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 05269S-6.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF MICHAEL F. HENNINGER, POLICE DEPARTMENT WHEREAS, Michael F. Henninger was first employed with Roanoke County on November 1, 1969, as a Deputy Sheriff, and retired on May 1, 1998, as a Sergeant in the Police Department, with over twenty-eight years of services; and WHEREAS, Sergeant Henninger also served as Deputy Sheriff Corporal, Deputy Sheriff-Sergeant, and Deputy Sheriff Sergeant Detective; and WHEREAS, Sergeant Henninger was known throughout the Roanoke Valley for his ability as a homicide investigator, and as someone who could develop rapport and gain information from witnesses and suspects, and was instrumental in resolving a number of homicides while serving as an investigator; and WHEREAS, Sergeant Henninger was known for his outgoing personality, and his willingness to talk with less experienced officers and offer them advice; and WHEREAS, Sergeant Henninger. through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to MICHAEL F. HENNINGER for over twenty-eight years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None May 26, 1998 355 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Harrison: (1) He advised that two teams are playing today to go to the State tournament, William Byrd and Glenvar, and that he and Supervisor Nickens wished them both good luck. (2) He advised that he toured the Catawba Valley and Bradshaw Road area with Mr. Howard Anderson conceming the corridor for the power line and thanked him and the citizens for the efforts being made. (2) He suggested to Mr. Hodge that questions about the firing range may come up at the meeting with Twine Hollow residents, Supervisor McNamara: (1) He advised that the Windsor Hills Advisory Committee met last week and most of the questions were concerning the proposed new high school. He reported that the Board and the School Board are working together on these questions and all of the details will be studied and evaluated before any appropriations are made. Supervisor Johnson advised that a special use permit will have to be applied for and at that time, there will be a staff evaluation of the rezoning which will cover all aspects of the project. Supervisor Minnix: (1) He recommended to Mr. Hodge that an operating committee be formed by County and Schools to look at long range plans for the schools and their financial future, (2) He asked for the status of Donnelley Phase III. Mr, Hodge will report back at the next meeting. (3) He asked for the status of the ground breaking for the new Lowe's store. Mr. Hodge will report back at the next meeting. (4) He asked for the status of fishing in Spring Hollow Reservoir. Director of Utility Gary Robertson will 356 May 26, 1998 report back to the Board by July 1, 1998. Supervisor Johnson: He asked Director of Finance Diane Hyatt to provide Supervisor Minnix with a copy of the approved Blue Ribbon Commission report which details the implementation and funding of Phase I and advised that his belief is that the Board would have to vote to vary from that plan INRE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 1. General Fund Unappropriated Balance Z. Capital Fund UnaDpropriated Balance 3. Board Contingencv Fund ~ Accounts Paid - April 1998 5. Statement of Revenues and Expenditures as of April 30. 1998 §" ReDort on upcomina events for Phase I School Construction 7. Withdrawal of Virginia Gas ComDany's request for resolution of support for the proposed natural aas piDeline through Roanoke County. May 26, 1998 357 IN RE: EXECUTIVE SESSION At 4:20 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A. (7) to discuss a legal matter requiring the provision of legal advise by the County Attorney concerning actual litigation, namely Grossman's Inc. (Chapter 11 Bankruptcy); Section 2.1-344.A (7) to discuss a legal matter requiring the provisions of legal advice by the County Attorney and briefing by staff members concerning negotiations with respect to construction contracts; Section 2.1-344 A. (5) discussion concerning economic development prospects where no previous announcement has been made; Section 2-1.344 A. (3) personnel matter concerning appointment to Roanoke Regional Airport Commission; and Section 2-1.344 A. (S) economic development concerning inter-governmental opportunities with Bedford County. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-052698-7 At 7:00 p.m., Supervisor Johnson moved to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 358 May 26, 1998 RESOLUTION 052698-7 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1, Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: EXECUTIVE SESSION Chairman Johnson advised that an executive session pursuant to Code of Virginia Section 2.1-344.a (7) to discuss a legal matter requiring the provisions of legal advice by the County Attorney and briefing by staff members concerning negotiations with respect to construction contracts would be held after the evening session, IN RE: PUBLIC HEARING 1.. Public Hearing and adoDtion of resolution to acquire by condemnation proceedinas. and to authorize immediate right-of. May 26,1998 359 entrv to. a permanent 20 foot drainage easement together with the riaht of access and a temporary construction easement from Nyna S. Murrav. (Vickie Huffman. Assistant County Attorney) (CONTINUED FROM MA Y 12. 1998) Chairman Johnson announced that this public hearing had been continued until June 23, 1998, and that the Board would expect some resolution of this matter at that time. IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Second readina of ordinance to vacate a part of a platted unnamed. abandoned 25-foot wide right-of-way as shown on the map of Lee Mitchell subdivision. Plat Book 3. Page 203 and located in the Catawba Magisterial District. (Arnold Covev. Director of Engineerina & Inspections) 0-052698-8 Mr. Covey advised that there have been no changes since the first reading of the ordinance. There was no discussion and no citizens present to speak on this issue, Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 360 May 26,1998 ORDINANCE 052698-8 VACATING AND CLOSING AN UNIMPROVED, UNNAMED AND UNUSED PORTION OF RIGHT-OF-WAY SHOWN ON PLAT OF LEE MITCHELL SUBDIVISION (PLAT BOOK 3, PAGE 203) AND LOCATED ADJACENT TO TAX MAP NO. 44.04-2-42 ON THE ROANOKE COUNTY LAND RECORDS WHEREAS, Lloyd M. Tingler, the petitioner, is the owner of a parcel of property designated on the Roanoke County Land Records as Tax Map No. 44.04-2-42, in the Catawba Magisterial District, shown as Lot X on the plat of Lee Mitchell Subdivision recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, page 203; and, WHEREAS, Petitioner has requested that the Board of Supervisors of Roanoke County, Virginia, vacate and close an unimproved, unnamed and unused portion of right-of-way, 25 feet in width and 336 feet in length, which lies adjacent to his property; and, WHEREAS, §15.2-2272.2 of the Code of Virginia, (1950, as amended), requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.2-2204 of the Code of Virginia, (1950, as amended), and the first reading of this ordinance was held on May 12, 1998; and the public hearing and second reading of this ordinance was held on May 26, 1998. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an unimproved, unnamed, and unused portion of right-of-way, being 25 feet in width and 336 feet in length, adjacent to a parcel designated as Tax Map No, 44.04-2-42 on the Roanoke County Land Records, shown on the plat of Lee Mitchell Subdivision recorded in the aforesaid Clerk's Office in Plat Book 3, page 203, and being specifically shown on Exhibit A attached hereto, be, and hereby is, vacated and closed pursuant to Section 15.2-2272 of the Code of Virginia, (1950, as amended). 2. That this vacation shall be subject to the rights of the owners of any existing public utility installations as provided in §15.2-2274 of the Code of Virginia, (1950, as amended). 3. That fee simple title to the unused right-of-way shall vest in the owner of the abutting property as provided in Section 15.2-2274 of the Code of Virginia (1950, as amended), subject to the condition that the vacated area of land shall be added and combined, by deed or by plat, to said abutting property, in compliance with the Roanoke County Subdivision and Zoning Ordinances, and other applicable laws and regulations. 4, That all costs and expenses associated herewith, including but not limited to, publication costs, survey costs and recordation of documents, shall be the responsibility of the Petitioner, Lloyd M. Tingler, or his successors or assigns. May 26, 1998 361 - 5. That the County Administrator, or an Assistant County Administrator, or any County Subdivision Agent is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Second reading of ordinance authorizing vacation of the northeasterlv ten feet of an existing 20-foot waterline easement on Lot 10A of Larson Oaks Subdivision and acceptance of a new 10- foot waterline easement on Lot 9. Larson Oaks. Windsor Hills Magisterial District. (Amold Covey. Director of Engineering & Inspections) 0-052698-9 Mr. Covey advised that there have been no changes since the first reading of the ordinance. There was no discussion and no citizens present to speak on this issue. Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson None ORDINANCE 052698-9 AUTHORIZING VACATION OF THE 362 May 26, 1998 NORTHEASTERLY TEN FEET OF AN EXISTING 20-FOOT WATERLINE EASEMENT ON LOT 10A OF LARSON OAKS SUBDIVISION (P.B. 12, PG. 73; P.B. 20, PG. 10; P.B. 20, PG. 189) OWNED BY GEORGE P. BARON, JR, AND TAMMY O. BARON, AND ACCEPTANCE OF A NEW 10-FOOT WATERLINE EASEMENT ON LOT 9, LARSON OAKS (P.B. 12, PG. 73), WINDSOR HILLS MAGISTERIAL DISTRICT, OWNED BY CHRISTOPHER H. HANES AND JILL H. HANES WHEREAS, by subdivision plat entitled "LARSON OAKS," dated January 5, 1990, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 12, page 73, a twenty-foot (20') waterline easement along the southwesterly property line of Lot 10 was created and dedicated to public use; and, WHEREAS, by deed dated March 11, 1997, and recorded in the aforesaid Clerk's Office in Deed Book 1536, page 987, George P. Baron, Jr. and Tammy 0, Baron, husband and wife, acquired Lots 9, 10, 11 and 12, in Larson Oaks; and, WHEREAS, a 'Plat Showing Resubdivision of Original Lots 10, 11, & 12, Larson Oaks (P.B. 12, Pg. 73) Creating New Lots 10A, 11A & 12A, LARSON OAKS', dated June 2, 1997, has been recorded in the aforesaid Clerk's Office in Plat Book 20, Page 10; and, WHEREAS, said plat has been revised, corrected, and dated April 7, 1998, and has been re-recorded in Plat Book 20, page 189; and, WHEREAS, Lot 9 of Larson Oaks has been conveyed to Christopher H. Hanes and Jill H. Hanes, husband and wife, by deed dated January 30, 1998, and recorded in the aforesaid Clerk's Office in Deed Book 1566, page 873, from the Barons; and, WHEREAS, the Barons, as the Petitioners and owners of Lot 10A, Larson Oaks, have requested that the northeasterly ten feet (10') of that portion of the twenty-foot (20') waterline easement along the boundary with Lot 9 be vacated; and, WHEREAS, in exchange, the Hanes', as owners of Lot 9, Larson Oaks, have executed a deed of easement to the Board of Supervisors to convey a new 10' waterline easement along the northeasterly boundary line of Lot 9, Larson Oaks, adjoining the remaining ten-foot existing waterline easement on Lot 10A; and, WHEREAS, there are currently no water facilities within the existing easement areas; and, WHEREAS, the County's engineering and utility department staff has no objection to the proposed vacation and acceptance, and has approved the location of the alternative easement area; and, WHEREAS, §15.2-2272.2 of the Code of Virginia (1950, as amended) requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.2-2204 of the Code May 26, 1998 363 - of Virginia (1950, as amended), and the first reading of this ordinance was held on May 12, 1998; the second reading and public hearing of this ordinance was held on May 26, 1998. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the northeasterly 10' of the existing 20' waterline easement on Lot 10A, Larson Oaks, owned by George P. Baron, Jr., and Tammy O. Baron, husband and wife, shown and designated as "10' PORTION OF EXISTING 20' WATERLINE EASEMENT TO BE VACATED" upon the 'Plat Showing New 10' Waterline Easement Located on Lot 9, Larson Oaks (P,B. 12, Pg.73),' dated September 4, 1997, made by Lumsden Associates, P.C., a copy of which is attached hereto as Exhibit A, be, and hereby is, vacated; and, 2. That, in exchange, acquisition and acceptance of a new 10' waterline easement along the northeasterly boundary line of Lot 9, Larson Oaks, owned by Christopher H. Hanes and Jill H. Hanes, husband and wife, shown crosshatched and designated as "NEW 10' WATERLINE EASEMENT" upon the above-described plat attached hereto as Exhibit A, be, and hereby is, authorized and approved; and, 3, That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners; and, 4, That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation and acquisition, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: RECOGNITION Chairman Johnson introduced Boy Scout Troop #2 from the First Presbyterian Church. 364 May 26, 1998 ~- .a. Second reading of ordinance denying 8t1thoriz:ino a Special Use Permit to allow a private kennel. located at 5080 Glenvar Heights Blvd. Catawba Maaisterial District. upon the petition of Katharine Shank & Vicki Osbome. (Terry Harrington. Director of Planning & Zoning) 0-052698-10 Mr. Harrington advised that this is a special use permit request to operate a private kennel on 5.15 acres and that a private kennel license is required to keep more than two dogs over four months of age in a R-1 district. The applicants are requesting that this license allow up to 10 dogs, and they are requesting the permit in anticipation of purchasing the property. He advised that the Planning Commission at its public hearing listened to citizens' concerns about the kennel and the private commercial stable located across from this property. The Planning Commission recommended approval of the special use permit with five conditions. He described each of the five conditions: (1) The number of dogs shall be limited to a maximum of ten. (2) This permit shall be issued and restricted to Katherine Shank and Vicki Osborne and shall not be transferable to any other property location or property owner. (3) A kennel silencer shall be installed, or another bark prevention technique shall be used, to discourage barking. (4) The proposed fenced area shall be installed as shown on the plot plan submitted with the request, Any portion of the fence visible from the street shall be constructed of an opaque material. (5) The permit shall be administratively reviewed on an annual basis for compliance with these May 26, 1998 365 - conditions, use and design standards for private kennels, and Roanoke County animal control regulations. The following citizens spoke in opposition to the special use permit, and several mentioned their additional concerns about the horse stable and dogs located there: (1) Linda Perkins, 5101 Glenvar Heights Boulevard, presented a petition with 77 names; (2) S. M. Pridemore, 5066 Dan Robin Road; (3) Shirley Noell, 5368 Glenvar Heights Boulevard; (4) Barrett R. Beamer, 5132 Glenvar Heights Boulevard; and (5) Andrew Cepulo, 5110 Glenvar Heights Boulevard. The following citizens spoke in support of granting the special use permit to the petitioners: (1) Frank Hough, 2578 Brandy Run Drive; (2) Karen Reidmiller, 2578 Brandy Run Drive; (3) Meg Cook, 1505 Red Oak Lane; (4) Sherry Milliron, 755 Stonewood; (5) Ramona Powell, 5080 Glenvar Heights Boulevard; (6) Earl E. Powell, 5080 Glenvar Heights Boulevard; (7) Dann Campbell, 2337 Carter Road; and (8) Patti Campbell, 2337 Carter Road. In response to an inquiry from Supervisor Johnson, Mr. Harrington advised that the horse stable was grandfathered and that there had been an increase in the number of animals but not the structure. Supervisor Harrison expressed concern about the trailer and dogs at the horse stable as well as the disturbance of the land, erosion and management of the waste. He asked that staff pursue remedies for the problems, and Mr. Mahoney advised that he would look at case law to determine if such an expansion in the number of animals would have any influence on the grandfathered zoning. 366 May 26, 1998 The petitioner, Ms. Shank, addressed the Board, with assistance from Ms. Osbome, the other petitioner. Ms. Shank explained their reasons for wanting the special use permit and purchasing the property, and offered explanations to some of the citizens' comments. She expressed concern about the condition that the permit has to be renewed after one year because they would be subject to a financial disaster if they had to sell the house after one year if the permit was not renewed. She expressed concern about the horse stable and felt that their request for a kennel was responsible for bringing the problems with the horse stable to the attention of the Board. Supervisor Minnix advised that he was reluctant to support a kennel in any R-1 area. Supervisor McNamara advised that he thought the citizens' concerns with the horse stable were valid but not with the kennel. Supervisor Harrison advised that these were two different issues. Supervisor Harrison moved to deny the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor McNamara ORDINANCE 052698-10 DENYING CRANTINC A SPECIAL USE PERMIT TO KATHARINE SHANK AND VICKI OSBORNE TO ALLOW A PRIVATE KENNEL AT 5080 GLENVAR HEIGHTS BLVD. (TAX MAP NO. 54.03-1- 70), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Katharine Shank and Vickie Osborne have filed a petition to allow a private kennel to be located at 5080 Glenvar Heights Blvd. (Tax Map No. 54.03-1- 70) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter May 26, 1998 367 - on May 5, 1998; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 28, 1998; the second reading and public hearing on this matter was held on May 26, 1998. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor Harrison to DENY the special use permit and ordinance, and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens, Johnson NAYS: Supervisor McNamara IN RE: CITIZENS COMMENTS AND COMMUNICATIONS .1... James Garris. 3108 Honevwood Lane. advised that (1) he approved of the authority for bingo and raffles being transferred to the State; and (2) he questioned the wisdom of purchasing the Woods End site for the new school when the Merriman site has already been purchased. Chairman Johnson advised that comments concerning the purchase of Woods End should be addressed to the School Board. Supervisor Nickens advised that the School Board meets Wednesday night. 2. Robert Schmucker. 1842 Pembroke Drive, informed the Board about the differences in the County Code and State Code concerning dangerous dogs and described the circumstances of recent dog bites to his neighbor. He asked for revision and enforcement of the County animal control ordinance. Mr. Mahoney advised that he would look at the Code sections and material that Mr. Schmucker referred to and bring back a report to the Board. .J.. Jess Bratton. 1834 Pembroke Drive. advised that he was the person 368 May 26,1998 bitten and asked for a stricter County animal control ordinance Mr. Hodge advised that staff will respond to the citizens' concerns about animal control. !. Leon Martin. advised that he had concerns about possible water contamination from the horse stable on Glenvar Heights Boulevard which was a subject discussed earlier in the meeting. He gave the Board some photographs for their review of the situation. IN RE: EXECUTIVE SESSION At 8:35 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A. (7) to discuss a legal matter requiring the provisions of legal advice by the County Attorney and briefing by staff members concerning negotiations with respect to construction contracts. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-052698-11 At 9:01 p.m., Supervisor Minnix moved to return to open session and adopt the Certification Resolution.. The motion carried by the following recorded vote: I _ - -- -~ May 26,1998 369 AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 052698-11 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1, Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2, Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Minnix to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: ADJOURNMENT Chairman Johnson adjourned the meeting at 9:03 p.m. Submitted by, Approved by, .... ~c£' ~h-. Brenda J, H on, CMC Deputy Clerk to the Board 370 May 26, 1998 '= This page left blank intentionally.