HomeMy WebLinkAbout3/9/1999 - Regular
March 9, 1999
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
March 9, 1999
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this being the second Tuesday, and the first
regularly scheduled meeting of the month of March, 1999.
N RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3:01 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens,
Supervisors Joseph McNamara, H. Odell "Fuzzy" Minnix
MEMBERS ABSENT: Supervisor Fenton F. "Spike" Harrison
STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Mary H. Allen, Clerk; 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 Gardner W. Smith, Deputy Assistant for Citizens
Services. The Pledge of Allegiance was recited by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
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AGENDA ITEMS
Mr. Hodge announced that the work session on 1-81 widening is being
postponed for 30 days until April 13, 1999, because of Supervisor Harrison's absence
Mr. Mahoney added an item to the Executive Session pursuant to the Code
of Virginia Section 2.1-344 A (3) on disposition of public property - well lot, and Section
2.1-344 A (3) acquisition of property - Salem Office Supply and access to the Woods End
site.
Chairman Johnson asked Clerk Mary Allen to contact the Roanoke City Clerk
to reschedule the joint meeting with City Council, which was canceled earlier in the day
because of a lack of a quorum for the City Council.
INRE:
NEW BUSINESS
~ Reauest to adopt a erioritized list of Primary and Interstate
proiects to be presented in the ere-allocation public hearing for
the Commonwealth Transportation Board FY 1999-2005 Six Year
Improvement Program. (Arnold Covey. Director of Community
Development)
R-030999-1
Mr. Covey advised that the Six Year Improvement Program is the
Commonwealth Transportation Board's plan for identifying funds anticipated to be
available for highway and other forms of transportation construction for distribution in the
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1999-2005 plan. The program is updated annually. As part of the program, the
Transportation Board conducts public hearings in each of the nine construction districts
in the state to receive input. The public hearing will be held March 23, 1999 at the Salem
Civic Center.
Mr. Covey explained that there are eight budgeted projects in the six-year
improvement program. They are: Interstate 73, widening of Interstate 81, preliminary
engineering for Route 11/460 (West Main Street), reconstruction of 1.3 miles of Route 220
S, bridge replacement on Route 220 S, Route 221 (Brambleton Avenue), Route 311
(Catawba Valley Drive), and Route 419 (Electric Road). Additionally, Roanoke County is
requesting five roads to be considered for inclusion in the interstate and primary six-year
plan. They are Route 11 (Williamson Road), Route 115 (Plantation Road), Route 220 S
from Route 419 to Buck Mountain Road, Route 116 (Jae Valley Road) bridge, and
intersection improvements at Route 311 (Catawba Valley Road). Mr. Covey recommended
that the Board adopt the prioritized list of projects to be presented at the public hearing on
March 23, 1999.
There was a discussion on the proposed traffic light at the Hidden Valley
intersection on Route 419 and on the School Board surplusing the property for use by
VDOT at the school. Mr. Covey said that Hidden Valley does not yet meet the criteria for
a traffic light. Supervisor Johnson asked Mr. Covey to work with the School Board on
these issues.
Supervisor McNamara explained that he felt that the General Assembly
should listen to the Board of Supervisors' recommendations regarding the corridor for
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Interstate 73 and made suggested changes to the resolution emphasizing the preferred
route for Interstate 73.
Supervisor McNamara moved to adopt the resolution as amended by him.
The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Nickens, Johnson
NAYS:
None
ABSENT:
Supervisor Harrison
RESOLUTION 030999-1 REQUESTING VDOT TO CONTINUE FUNDING
PROJECTS CURRENTLY ON THE PLAN AND ADOPT THOSE
PROJECTS IDENTIFIED AS "PROJECTS NOT ON PLAN" FOR
INCLUSION INTO THE 1999-2005 PRIMARY AND INTERSTATE SIX YEAR
IMPROVEMENT PLAN
WHEREAS, the Six Year Improvement Program is the Commonwealth
Transportation Board's plan for identifying funds anticipated to be available for highway
and other forms of transportation construction; and
WHEREAS, this program is updated annually to assist in the allocation of
federal and state funds for interstate, primary, and secondary roads.
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia
as follows:
1. That the following projects identified as "Projects on Plan" are
recommended to continue to receive funding for planning and construction; and
. Interstate 73 - Roanoke County, VA strongly reiterates it's prior
recommendation to build 1-73 and that the selected corridor for 1-73
immediately follow the existing corridor of Route 220 into the City of
Roanoke and then overlap Interstate 581, Interstate 81, the proposed
"Smart Road" and Route 460 to the West Virginia state line near
Narrows; and looks forward to reviewing the Transportation Board
and Consultant's preliminary environmental impact study and cost
estimate for the proposed alignments within the Route 220 corridor.
. Interstate 81 - Roanoke County is very supportive of the Virginia
Department of Transportation's proposed plan to increase the number
of north and south travel lanes. We look forward to reviewing the
prioritized segments of 1-81 and want to continue to work with local
VDOT staff to develop regional cooperation of stormwater detention
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facilities and potential utility crossings.
· Route 11/460 (West Main Street) - Roanoke County is pleased this
section of road made the Commonwealth's Transportation Board six-
year Improvement Program and we continue to support the funding
necessary to complete this necessary widening. The commercial and
residential development projected to occur within this area will place
additional demands on the road system that is currently providing an
inadequate service level. Current traffic counts for this section show
approximately 15,000 vehicles per day.
· Route 220 S (Bridge Replacement) - Roanoke County is supportive
of this project and look forward to its completion. Current traffic
counts for this section show approximately 20,000 vehicles per day.
· Route 221 (Bent Mountain Road) - Roanoke County is requesting
continued allocation of funds for this 2.3-mile road project. The
residential development projected to occur within this area will place
additional demands on the road system that is currently providing an
inadequate service level. Current traffic counts for this section show
approximately 12,000 vehicles per day.
· Route 311 (Catawba Valley Road) - Intersection Improvements,
are scheduled to begin sometime this year at the overlook Rte 864 in
conjunction with National Park Service.
2. That the following projects identified as "Projects Not on Plan" have
been identified by the Board of Supervisors as extremely important to the growth of
Roanoke County or for safety improvements and are requested to be included in the VDOT
Six Year Improvements Program for the 1999-05 Fiscal Year.
They are listed in priority order.
~ Route 11 (Williamson Road)
Need: Now that Route 11 has been widened from Plantation Road
(Rte. 115) to Hollins College, there remains one section of three lane
road from Peters Creek Road (Rte. 117) to the Roanoke City Limits.
Additionally, the existing bridge over Carvins Creek does not meet
current standards, and the alignment of Florist Road with Route 11
creates additional congestion and safety concerns. The existing
section of road, 1.52 miles, is currently a three-lane with the center
lane used for turning movements. Ninety percent of the tracts
adjacent to Williamson Road are developed for commercial use.
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Traffic counts: 15,000 vehicles per day from the Roanoke city limits
to Peters Creek Road. This stretch of road has also been identified
as an alternate route in the event of a blockage on 1-81/581.
Recommended Improvements: A four-lane divided highway with
appropriate cross over and turn lanes, which will complete
improvement of Williamson Road from the city limits to the Botetourt
County line.
Cost: $12,000,000.
2. Route 115 ¡Plantation Road)
Need: The existing road, 2.43 miles, is two lanes with numerous side
connections to residential neighborhoods. The road needs to be
improved from Roanoke City limits north to Route 11. If full funding
is not available, various spot improvements, such as turn lanes,
alignment and grade improvements, would help with safety issues.
Additional land is available along the road for future development,
which will increase traffic and construction costs in the future.
Traffic Counts: From the Roanoke city Limits to Williamson Road,
11,000 vehicles per day.
Recommended Improvements: Four lane divided highway with
appropriate turning lanes.
Cost: $12,000,000 - $15,000,000.
3. Route 220S (Franklin Road)
Need: This section of 220 S is approximately 2.0 miles long and is a
four-lane divided highway. Recently a traffic study was conducted
for a commercial development and the report predicted a level of
service D or F within the next of couple of years. Additionallanes
and improved vertical alignment is required from Roanoke City limits
south to Rte 668 (Yellow Mountain Rd..). Spot improvements are
needed now at the intersection 419 and 220 S.
Traffic Counts: From the Roanoke City limits South is approximately
44,000 vehicles per day.
Recommended Improvements: Additional lanes and intersection
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improvements.
Cost: $5,000,000 - $8,000,000.
4. Route 116 (Jae Valley Road)
Need: The Salem residency has notified staff that the bridge over
Back Creek is in need of repair and we wish to offer our support for
improvements to the approaches and bridge replacement. This road
is serving the growing commuter traffic from Franklin County and
recreational traffic to Smith Mountain Lake.
Traffic Counts: From the Roanoke City limits South is approximately
4,000 vehicles per day.
Recommended Improvements: Improve approaches and replace
existing bridge.
Cost: $3,000,000 - $4,000,000.
5. Route 311 (Catawba Vallev Road) - Intersection Imerovements
Need: This area has experienced steady growth over the last several
years and the congestion at this intersection has increased.
1
Traffic Counts: Rte 311 has an average daily traffic of 11,000 vpd
and Bradshaw Road (Rte 864) carries approximately 3,200 vpd.
Recommended Improvements: Construct a right hand passing lane
(left turn lane).
Other primary roads in Roanoke County which deserve consideration
for spot improvements:
ROUTE 419 (ELECTRIC ROAD) INTERSECTION IMPROVEMENTS,
ROUTE 118, (AIRPORT ROAD), ROUTE 24, (WASHINGTON
AVENUE) IMPROVEMENTS AT THE INTERSECTION OF WILLIAM
BYRD HIGH SCHOOL, ROUTE 460, (CHALLENGER AVE.), LEFT
AND RIGHT TURN LANES AT SEVERAL EXISTING SECONDARY
ROADS.
On motion of Supervisor McNamara to adopt the resolution as amended, and
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carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor Harrison
2. Reauest for authorization to enter into a Memorandum of
Aareement with the National Park Service. the Federal Highwav
Administration and Virainia's Exelore Park for design and
construction funds for the Blue Ridge Parkway
Orientation/Interpretation Center. (Joyce Wauah. Assistant
Director of Economic Develoement)
A-030999-2
Ms. Waugh reported that Roanoke County requested federal funds to design
and construct a Blue Ridge Parkway Orientation/Interpretation Center to be located at the
terminus of the Roanoke River Parkway on land owned by the Virginia Recreational
Facilities Authority. To obtain these funds Roanoke County must enter into a
Memorandum of Agreement. The current funding sources are $529,800 from the Federal
Highway Administration; $250,000 from the National Park Service; $50,000 from the Fifth
District Regional Alliance; and $30,000 from Roanoke County for a total of $859,800. The
Memorandum of Agreement will serve as a tool for channeling the federal funds to the
local government for design and construction on land at Virginia's Explore Park. Ms.
Waugh requested that the Board of Supervisors authorize the County Administrator to
enter into a Memorandum of Agreement with the National Park Service, Federal Highway
Administration and Virginia's Explore Park to receive funds for the design and construction
March 9,1999
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of the Blue Ridge Parkway Orientation Interpretation Center.
Supervisor Nickens moved to authorize entering into Memorandum of
Agreement. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor Harrison
3. Request to establish the tax rates in Roanoke County for
calendar year 1999.
a. Order setting the tax rate on real estate for the calendar
year 1999. IBrent Robertson. Budaet Manager)
0-030999-3
Mr. Robertson noted that the public hearing for citizen comment on the real
estate tax rate was held on February 23, 1999 and the proposed budget is predicated on
the current tax rate. He recommended that the Board establish the rate of $1.13 per one
hundred dollars assessed valuation.
Supervisor Johnson moved to adopt the order setting the tax rate at $1.13.
The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor Harrison
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ORDER 030999-3 SETTING THE TAX RATE ON REAL ESTATE SITUATE
IN ROANOKE COUNTY FOR THE CALENDAR YEAR 1999
BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia,
that the levy for the twelve-month period beginning January 1, 1999, and ending December
31, 1999, be, and hereby is, set for a tax rate of _ per one hundred dollars of
assessed valuation on all taxable real estate and mobile homes classified by §§ 58.1-
3200, 58.1-3201, and 58.1-3506. B of the 1950 Code of Virginia, as amended, situate in
Roanoke County.
On motion of Supervisor Johnson to adopt the order setting the tax rate at
$1.13, and carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor Harrison
b. Order setting the tax levy on all classes of personal
proeerty and machinerY and tools for the calendar year
1999. (Brent Robertson. Budget Manaaer)
0-030999-4
Mr. Robertson reported that the public hearing was held on February 23,
1999 and the proposed budget is predicated on the current personal property and
machinery and tools tax rates.
Supervisor Johnson moved to adopt the order setting the personal property
tax rate at $3.50 and the machinery and tools tax rate of $3.00. The motion carried by the
following recorded vote:
AYES:
Supervisors McNamara, Minnix, Nickens, Johnson
NAYS:
None
ABSENT:
Supervisor Harrison
ORDER 030999-4 SETTING THE TAX LEVY ON ALL CLASSES OF
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PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE
CALENDAR YEAR 1999
as follows:
BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia,
1. That the levy for the twelve-month period beginning January 1, 1999,
and ending December 31, 1999, be, and hereby is, set for a tax rate of IItD per one
hundred dollars of assessed valuation on all taxable, tangible personal property, excluding
all those classes of household goods and personal effects as are defined in §§ 58.1-3504
and 58.1-3505 of the 1950 Code of Virginia, as amended, but including the property
separately classified by §§ 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3506 in the 1950 Code
of Virginia, as amended, of public service corporations based upon the assessed value
thereof fixed by the State Corporation Commission and duly certified.
2. That there be, and hereby is, established as a separate class of
personal property in Roanoke County those items of personal property set forth in § 58.1-
3506 of the 1950 Code of Virginia, as amended, and adopted by Ordinance No. 121592-
11, and generally designated as Motor Vehicles for Disabled Veterans.
3. That the levy for the twelve-month period beginning January 1, 1999,
and ending December 31, 1999, be, and hereby is, set at fifty (50%) percent of the tax
rate established in paragraph 1 for the taxable, tangible personal property as herein
established as a separate classification for tax purposes and as more fully defined by §
58.1-3506 of the 1950 Code of Virginia, as amended, and generally designated as Motor
Vehicles for Disabled Veterans.
4. That there be, and hereby is, established as a separate class of
personal property in Roanoke County those items of personal property set forth in § 58.1-
3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery
and tools.
5. That the levy for the twelve-month period beginning January 1, 1999,
and ending December 31, 1999, be, and hereby is, set for a tax rate of ~ª¡jjº per one
hundred dollars of assessed valuation on all taxable, tangible personal property as herein
established as a separate classification for tax purposes and as more fully defined by §
58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as
machinery and tools.
On motion of Supervisor Johnson to adopt the order setting the personal
property tax rate at $3.50 and machinery and tools tax rate at $3.00, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor Harrison
4. Request from School Board for approval of a reimbursement
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aareement in order to acceet arants from the Commonwealth of
Virainia to purchase Student Management Software. (Dr. Jane
James. Director of Technology)
A-030999-5
Dr. James explained that the 1999 Virginia General Assembly approved
funding to be allocated by the Virginia Board of Education to certain school divisions for
student management software. Roanoke County's portion of the grant is expected to be
up to $305,000. The grant will be used to purchase software for student management, and
the funding is contained in the 1998-99 operating budget.
Dr. James requested approval to purchase student management software
immediately and reimburse the School Board from the grant funds. She advised that
without the Board's approval they would be ineligible to receive the grant funds.
Supervisor Minnix moved to approve the reimbursement agreement. The
motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor Harrison
5. Consideration of a Gain Sharina Agreement with the Town of
Vinton and submittal of the aareement to the Commission on
Local Government (Elmer C. Hodae. County Administrator and
Paul M. Mahoney. County Attorney)
March 9,1999
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R-030999-6
Mr. Hodge reported that this agreement was the culmination of much work
by the County and Town. He explained that the County already provides a variety of
payments and services to Vinton, including payments for solid waste collection and
disposal fees, fire and emergency medical care services and increased sales and use tax
revenues. The Gain Sharing Agreement will continue these payments on behalf of the
County citizens, but also provides for sharing revenues for new growth outside the town
limits, after deducting the cost of providing services to the area. In return, the Town
waives its right to annex.
Mr. Hodge highlighted the agreement which has a term of 20 years and sets
out the financial support which the County currently provides and additional revenue
sources which will now be available to the Town. The two governments will share
revenues from taxes on newly constructed property in the East County area.
County Attorney Paul Mahoney explained that the Town is expected to vote
on this in the next week and then the agreement will be submitted to the Commission on
Local Government (COLG) for review and recommendations and then forwarded to the
Court for approval. The COLG will hold public hearings on the agreement and report its
findings and recommendations. Upon receipt of the COLG report, the Town and County
must hold an advertised public hearing and adopt by ordinance the agreement before
submitting it to a special court for approval. The entire process is expected to take
between six and twelve months. Mr. Hodge advised that had the Town of Vinton annexed
the east portion of Roanoke County, the loss would have been $9,670,483. The total
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estimate of the gain sharing payments to the Town of Vinton under the agreement is
$5,060,067 with the first payment of $31 ,000 due after the agreement becomes final. The
implementation date is July 1, 1999.
Supervisor Nickens moved to adopt the resolution and submit the agreement
to Commission on Local Government. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Nickens, Johnson
NAYS:
None
ABSENT:
Supervisor Harrison
RESOLUTION 030999-6 APPROVING A VOLUNTARY SETTLEMENT
BETWEEN THE COUNTY OF ROANOKE AND THE TOWN OF VINTON,
REQUESTING A REVIEW OF THE AGREEMENT BY THE COMMISSION
ON LOCAL GOVERNMENT PURSUANT TO SECTION 15.2-3400 OF THE
1950 CODE OF VIRGINIA, AS AMENDED, AND STATING THE INTENTION
OF THE BOARD OF SUPERVISORS TO READOPT THE AGREEMENT
AND TO PETITION THE CIRCUIT COURT OF ROANOKE COUNTY,
SUBSEQUENT TO THE COMMISSION'S REVIEW, TO APPROVE THE
SETTLEMENT AND TO GIVE IT FULL FORCE AND EFFECT
WHEREAS, the Town of Vinton and the County of Roanoke have entered
into negotiations to seek a voluntary settlement of annexation issues; and
WHEREAS, the Town and County are now prepared to enter into a voluntary
settlement which provides for the limited waiver by the Town of certain annexation rights,
for the payment by the County of certain sales and use taxes and other funds to the Town,
for the sharing of certain local tax revenues generated by new development in that portion
of the County generally known as "East Roanoke County," for certain cooperative activities
between the Town and the County, and for other maters; and
WHEREAS, Chapter 34 of Title 15.2 of the 1950 Code of Virginia, as
amended, requires that such a voluntary settlement be reviewed by the Commission on
Local Government.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Board of Supervisors of Roanoke County hereby approves
the Gain Sharing Agreement between the Town of Vinton and the County of Roanoke, a
copy of which is attached, and hereby authorizes and directs its Chairman to execute the
Agreement on behalf of the County; and
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2. That the Board of Supervisors hereby requests that the Commission
on Local Government review the Agreement pursuant to Section 15.2-3400 of the 1950
Code of Virginia, as amended; and
3. That the County Administrator is hereby directed to refer the
Agreement, together with all necessary data and materials, to the Commission and to take
all other actions as may be required to accomplish the Commission's review of the
Agreement; and
4. That the Board of Supervisors hereby designates Paul M. Mahoney,
County Attorney, as its contact person for communications with the Commission regarding
the review of the Agreement; and
5. That it is in the intention of the Board of Supervisors, subsequent to
the Commission's review, to readopt the Agreement and thereafter to petition the Circuit
Court of Roanoke County to affirm and validate the Agreement and to give it full force and
effect.
On motion of Supervisor Nickens to adopt the resolution and submit
agreement to Commission on Local Government, and carried by the following recorded
vote:
AYES:
NAYS:
ABSENT:
Supervisors McNamara, Minnix, Nickens, Johnson
None
Supervisor Harrison
IN RE:
FIRST READING OF ORDINANCES
~ First readina of ordinance authorizing the conveyance of a 37.86
acre parcel of real estate located in the City of Salem known as
the Lloyd property. (Paul Mahonev. County Attornev\
Mr. Mahoney advised that the Board had previously declared this property
to be surplus and available for sale to the public. The County has received an offer to
purchase the 37.86 acre parcel of real estate. He explained that a public notice
advertising for bids on the sale of this property will be published in The Roanoke Times
on Sunday, March 13, 1999, and the adjoining property owners will be notified. He pointed
out that the property is currently zoned for multi-family and there are some questions
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concerning the title.
Supervisor Johnson asked that a For Sale sign be placed on the property
and that adjoining property owners be notified.
Supervisor McNamara suggested amending the ordinance before the second
reading that use of the proceeds from the sale be allocated to the Capital Fund
Unappropriated balance.
Supervisor Johnson moved to approve the first reading and set the second
reading and public hearing for March 23, 1999. The motion carried by the following
recorded vote:
AYES: Supervisors McNamara, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor Harrison
2. First reading of ordinance to vacate as public right-of-way a
portion of Garman Road recorded in Plat Book 3. Page 51.
located in the Catawba Maaisterial District. upon the petition of
Roanoke County and Kroaer Company. (Arnold Covey. Director
of Community Development)
Mr. Covey explained that the petitioners, Roanoke County and Kroger
Company, are requesting that the Board vacate as public right-of-way a portion of Garman
Road and retain a portion of the right-of-way and a 20 foot water line easement. In 1997,
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County funded the reconstruction of Garman Road to align with the intersection of Route
11/460 and Allegheny Drive to improve the existing drainage situation along Garman Road
and provide improved access to Kroger's new Vehicle Maintenance Facility. Roanoke
County agreed as part of the Performance Agreement that when the new road was
constructed, the old right-of-way would be vacated in order to remove encumbrances on
the Kroger property.
Supervisor Johnson moved to approve the first reading and set the second
reading and public hearing for March 23, 1999. The motion carried by the following
recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors McNamara, Minnix, Nickens, Johnson
None
Supervisor Harrison
3. First reading of ordinance to vacate as eublic rights-of-way
Washinaton Road recorded in Plat Book 1. page 363. Pinkard
Court Subdivision in the Cave Serin9 Magisterial District.
(Arnold Covey. Director of Community Development)
Mr. Covey advised that Lowe's Corporation is requesting that the Board
vacate Washington Road as public right-of-way so that they may move forward with the
development plans for the Pinkard Court Subdivision. On February 10, 1998, the Board
vacated all the public right-of-ways and alleys except Washington Road, portions of View
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Avenue and a drainage easement. Since then, Lowe's has purchased all properties
fronting on Washington Road, thus eliminating any need of the public right-of-way.
Supervisor Minnix moved to approve the first reading and set the second
reading and public hearing for March 23, 1999. The motion carried by the following
recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors McNamara, Minnix, Nickens, Johnson
None
Supervisor Harrison
4. First reading of ordinance to vacate a portion of a 15-foot
drainaae easement on plat showina section no. 1. EdQemont of
Vinton. plat book 16. pg 41. and further shown on lot 5. block 3.
section 2. Edgemont of Vinton. plat book 18. page 130. and
revised plat of section 2. Edgemont of Vinton. plat book 18. page
171. in the Vinton Magisterial District (tax map no. 61.02-7-1).
(Arnold Covey. Director of Community Development)
Mr. Covey reported that the developer, Charles Simpson has requested that
Roanoke County vacate a portion of a donated drainage easement to allow the developer
to construct a home on Lot 5 that is consistent with the neighborhood. The developer has
acquired the necessary easements to convey the drainage from the right-of-way to a
natural watercourse so that VDOT will accept the streets.
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Supervisor Nickens moved to approve the first reading and set the second
reading and public hearing for March 23, 1999. The motion carried by the following
recorded vote:
AYES:
NAYS:
ABSENT:
Supervisors McNamara, Minnix, Nickens, Johnson
None
Supervisor Harrison
5. First readina of ordinance authorizing construction of and
financina for a Local Public Works Improvement Proiect - Little
Brushy Mountain Water Proiect. (Gary Robertson. Utility Director)
Mr. Robertson reported that the Board previously approved this project on
October 14, 1997 with a requirement that a minimum of 40 property owners commit to the
project. The project has not been constructed because the minimum participation level
had not been met. Staff continued to work with property owners trying to provide an
alternative such as reducing the scope of the project.
Mr. Robertson explained that in 1996, staff had applied to the State of
Virginia for a low interest loan to assist in the construction of this project. The project met
the requirements for the loan, but the project ranking was below the cutoff for available
funds. In December 1998, staff was notified that funding for this project was now available.
The loan from the Drinking Water State Revolving Fund Program has an interest rate of
3% and can be financed for 20 years. This financing would be passed on to participating
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property owners.
Letters were mailed to property owners in January explaining the loan
possibilities and requesting signed commitments by February 12, 1999. Staff also
attended the civic league meeting on February 1, 1999 to further discuss the project.
The property owners have shown great interest in the low interest loan and 43 property
owners have now committed to participate in the project. Tax parcels 45.03-02-09, 10, 11,
12,13, and 13.1 are undeveloped and presently being marketed. It is recommended that
if these properties are developed within the timeframe of the special service area, the
County's normal water connection fees would apply so long as a minimum of $45,000 in
off-site fees (6 parcels X $7,500/parcel) is collected.
Mr. Robertson recommended that if the project is approved, a special water
service area be established for a period of ten years that includes a fee structure for
recovering the construction costs of the water line as properties are connected. The
special connection fee for properties that participate initially will be $7,500. Properties that
choose to participate at a later date would include a construction cost of $7,500 and the
off-site facility fee in effect at the time of connection (presently $2,690). The estimated
project cost is $820,000, including a construction cost of $780,000 and $40,000 for
construction, administration and inspection.
Mr. Robertson advised that improved public water service is critical to this
neighborhood and recommended that the project be approved and that the County
Administrator be allowed to execute a loan agreement with the state up to the full amount
March 9,1999
173
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of the project cost.
Supervisor Nickens moved to approve the first reading and set the second
reading for March 23, 1999. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Nickens
NAYS: None
ABSTAIN: Supervisor Johnson
ABSENT: Supervisor Harrison
6. First reading of ordinance declarina a Darcel of real estate to be
sumlus and accecting an offer for the sale of same: namelv the
Penn Forest Boulevard well lot. (Paul Mahoney. County
Attorney)
Supervisor Minnix requested that this be discussed in Executive Session.
He moved to approve the first reading and set the second reading and public hearing for
March 23, 1999. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor Harrison
IN RE:
SECOND READING OF ORDINANCES
~ Second reading of ordinance authorizing quitclaim and release
174
March 9, 1999
-
of a 20-foot water line easement within the boundaries of
Belmont Court and located between Lot 1. Block 1. Section 2.
and Lots 12 and 13. Block 1. Section 2 of Triple Crown Estates
in the Vinton Magisterial District. (Arnold Covey. Community
Development Director)
0-030999-7
There was no discussion and no citizens to speak on this ordinance.
Supervisor Nickens moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Nickens, Johnson
NAYS:
None
ABSENT:
Supervisor Harrison
ORDINANCE 030999-7 AUTHORIZING QUIT-CLAIM AND RELEASE OF
A 20-FOOT WATER LINE EASEMENT WITHIN THE BOUNDARIES OF
BELMONT COURT AND LOCATED BETWEEN LOT 1, BLOCK 1,
SECTION 2, AND LOTS 12 AND 13, BLOCK 1, SECTION 2, OF TRIPLE
CROWN ESTATES IN THE VINTON MAGISTERIAL DISTRICT
WHEREAS, in order for Belmont Court to be accepted into the state
secondary road system, the Virginia Department of Transportation (VDOT) requires that
the right-of-way be free and clear of any third party rights or encumbrances; and,
WHEREAS, VDOT has requested quit-claim and release of an existing water
line easement, twenty feet (20') in width, within the boundaries of Belmont Court and
located between Lot 1, Block 1, Section 2, and Lots 12 and 13, Block 1, Section 2, of Triple
Crown Estates, being a portion of the easement acquired by deed recorded in Deed Book
1271, page 1482, and further shown on plat recorded in Plat Book 17, page 123, to the
Commonwealth of Virginia, subject to certain conditions; and,
WHEREAS, it will serve the interests of the public to have Belmont Court
accepted into the state secondary road system and the release, subject to the issuance
~
March 9, 1999
175
of a permit and other conditions, will not interfere with other public services and is
acceptable to the Roanoke County Utility Department.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke
County Charter, the acquisition and disposition of real estate can be authorized only by
ordinance. A first reading of this ordinance was held on February 23, 1999; and a second
reading was held on March 9, 1999.
2. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the interests in real estate to be released are hereby made available for
other public uses by conveyance to the Commonwealth of Virginia for acceptance of
Belmont Court into the state secondary road system by the Virginia Department of
Transportation (VDOT).
3. That quit-claim and release of the water line easement within the
boundaries of Belmont Court and located between Lot 1, Block 1, Section 2, and Lots 12
and 13, Block 1, Section 2, of Triple Crown Estates, to the Commonwealth of Virginia, is
hereby authorized subject to the following conditions:
a. VDOT issuance of a permit for the water lines or facilities.
b. The facilities located within the 50-foot right-of-way, between
Lot 1, Block 1, Section 2, and Lots 12 and 13, Block 1, Section
2, of Triple Crown Estates, may continue to occupy the street
or highway in the existing condition and location.
c. The release would be for so long as the subject section of
Belmont Court is used as part of the public street or highway
system.
4. That the subject easement is not vacated hereby and shall revert to
the County in the event of abandonment of the street or highway.
5. That the County Administrator or an Assistant County Administrator
is hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Nickens to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor Harrison
176
March 9, 1999
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2. ~econa reaalng of ordinance amending Oralnance 090997-5
authorizing the creation of and financing for a Local Public
Works Improvement Proiect. Mountain Heiahts Water Proiect.
(Paul Mahoney. County Attornev)
Action was delayed on this item until after the work sessions.
IN RE:
APPOINTMENTS
~ Commission for Senior and Physically Challenged Citizens
Supervisor Minnix advised that he will have nominations and will forward
them to the Clerk to be included in the March 23, 1999 Consent Agenda.
IN RE:
CONSENT AGENDA
R-030999-8. R-030999-8.c. R-030999-8.f
Supervisor Johnson moved to adopt the Consent Resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Nickens, Johnson
NAYS:
None
ABSENT:
Supervisor Harrison
RESOLUTION 030999-8 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM I -CONSENT AGENDA
March 9, 1999
177
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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
March 9, 1999, designated as Item I - Consent Agenda be, and hereby is, approved
and concurred in as to each item separately set forth in said section designated Items 1
through 7, inclusive, as follows:
1. Approval of Minutes - February 9, 1999
2. Acceptance of water and sanitary sewer facilities serving
Canterbury Park, Section II.
3. Acceptance of donation of drainage easements to the Board of
Supervisors in connection with the development of Edgemont of
Vinton, Section 2, located in the Vinton Magisterial District.
4. Resolution requesting that the Virginia Department of
Transportation add into the secondary system of state highways a
new portion of Route 929 (Garman Road) and abandon a portion of
Route 929 (Garman Road) which no longer serves the public need.
5. Donation of a 20 foot drainage easement and a new variable width
drainage easement in Orchard Park, Section 2, by F & W
Community Development Corporation.
6. Acceptance of water and sanitary sewer facilities serving
Summerfield, Section 7.
7. Request for approval of a Comprehensive Stormwater Detention
Agreement with the Virginia Department of Transportation.
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, Nickens, Johnson
NAYS: None
ABSENT: Supervisor Harrison
RESOLUTION 030999-8.c TO REQUEST THAT THE VIRGINIA
DEPARTMENT OF TRANSPORTATION ADD INTO THE SECONDARY
SYSTEM OF STATE HIGHWAYS A NEW PORTION OF ROUTE 929
178
March 9,1999
-
(GARMAN ROAD) AND ABANDON THAT PORTION OF ROUTE 929
(GARMAN ROAD) WHICH NO LONGER SERVES THE PUBLIC NEED.
WHEREAS, Route 929, refer to on attached form SR-5(A), has been altered
and a new road has been constructed, and
WHEREAS, the Roanoke County has provided with a sketch, depicting the
addition and abandonment required in the secondary system of state highways as a result
of this project, which sketch is attached hereto and hereby incorporated herein by
reference, and
WHEREAS, the new road serves the same citizens as that portion of old road
identified by the project sketch to be abandoned and those segment no longer serve a
public need, and
NOW, THEREFORE, BE IT RESOLVED, that this Board requests the
Virginia Department of Transportation to add Route 929 (Garman Road), shown shaded
on the sketch, to the secondary system of state highways, pursuant to ö33.1-229 of the
Code of Virginia; and
BE IT FURTHER RESOLVED, that this Board abandons Route 929 (Garman
Road length 0.18 miles) as part of the secondary system of state highways that portion of
road identified by the sketch to be abandoned, pursuant to ö33.1-155, Code of Virginia:
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved By:
Seconded By:
Yeas:
Nays:
Absent:
SUDervisor Johnson
None Required
Supervisors McNamara. Minnix, Nickens. Johnson
None
Supervisor Harrison
RESOLUTION 030999-8.f AUTHORIZING THE COUNTY
ADMINISTRATOR TO EXECUTE A COMPREHENSIVE STORM WATER
DETENTION AGREEMENT WITH THE COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF TRANSPORTATION
WHEREAS, the Commonwealth of Virginia, Department of Transportation,
requires localities to execute a Storm Water Detention Agreement in order to complete the
acceptance of subdivision streets into the state secondary system of highways, if that
subdivision has storm water detention facilities; and,
WHEREAS, this Agreement is required by Section 2.1 (F) of the Virginia
Department of Transportation Subdivision Street Requirements; and,
WHEREAS, authorization of the Comprehensive Storm Water Detention
Agreement will eliminate the need for the execution of individual agreements for individual
subdivisions, thereby reducing paperwork and streamlining the approval and acceptance
process.
~
March 9, 1999
179
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NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia:
1. That, on behalf of the Board of Supervisors, the County Administrator
is hereby authorized to execute a Comprehensive Storm Water Detention Agreement with
the Commonwealth of Virginia, Department of Transportation, for the purpose of securing
the acceptance of subdivision streets into the state secondary system, in accordance with
the Virginia Department of Transportation Subdivision Street Requirements, which shall
be on a form approved by the County Attorney. The execution of a Comprehensive Storm
Water Detention Agreement will function as a county-wide agreement, and eliminate the
need for subsequent, individual subdivision agreements.
2. That this resolution shall be effective from and after the date of its
adoption.
On motion of Supervisor Johnson to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor Harrison
IN RE:
REQUESTS FOR WORK SESSIONS
The work session on the widening of Interstate 81 was moved to April 13,
1999.
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
1. Nancy Hughes. 2506 Sharmar spoke on the need for a traffic signal at
Hidden Valley Middle School and advised that they had met 6 of 11 warrants required by
VDOT for the signal.
IN RE:
REPORTS
180
March 9, 1999
=
Supervisor Minnix moved to receive and file the following reports. The
motion carried by a unanimous voice vote with Supervisor Harrison absent.
~ General Fund Unappropriated Balance
2. Cacital Fund Unaccrocriated Balance
3. Board Continaencv Fund
4. Future School Capital Reserve
5. Update of 1999-2000 budget calendar as of March 9. 1999
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor McNamara: (1) He advised that at the March 23 meeting, there
will be a number of public hearings including the Special Use Permit for the Woods End
Site, proposed rezoning on land at the intersection of Route 419 and Brambleton Avenue,
a work session with the School Board and requests from agencies for contributions. He
asked if there was consideration to moving the meeting. Mr. Hodge advised that it was
very difficult to change meeting places because of all the issues involved in relocating.
Supervisor Minnix: (1) He asked Mr. Hodge if he had found any information
about the mulch problems in his district. Mr. Hodge responded that he would discuss his
findings with Supervisor Minnix after the meeting. (2) He asked Arnold Covey to
investigate whether it was a zoning violation to park a vehicle in the front yard on the
grass. Mr. Covey will investigate and report back. (3) He asked Terry Harrington to meet
with him to review the proffered conditions attached to the Sunscape Apartment rezoning.
March 9,1999
181
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Supervisor Nickens: (1) He announced that there would be a Board meeting
with Congressman Goodlatte on August 10 and asked Mr. Hodge to brief the
Congressman on the possible closing of the Vinton Post Office. He reported that letters
have been received advising that there are no plans to vacate the post office.
Supervisor Johnson: (1) He explained that he inquired whether members
of the Airport Commission could be compensated but was informed by their legal counsel
that compensation was not included in the General Assembly legislation establishing the
commission. He asked Mr. Mahoney to meet with the Airport counsel to look at the
possibility of establishing compensation for the commission members.
IN RE:
EXECUTIVE SESSION
At 4:45 p.m., Supervisor Johnson moved to go into Executive Session
following the work session pursuant to the Code of Virginia Section 2.1-344 A 2.1-344 A
(3) acquisition of real estate for public purposes, Salem Office Supply and access road to
Woods End school site, and 2.1-344 A (3) disposition of publicly held real estate - well lot.
The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor Harrison
IN RE:
WORK SESSIONS
182
March 9, 1999
=
~ Ucdate on Widening of Interstate 81. (Gardner Smith)
This work session was postponed until April 13, 1999.
3. Discussion on financing options for Public Works Imcrovement
Proiects (Garv Robertson)
The Work Session was held from 5:00 to 5:30 p.m. Utility Director Gary
Robertson presented two options for financing the public work improvement projects: (1)
Revise the Roanoke County Code that any landowner may, at their option, request in
writing on forms provided by the County, to be allowed to make monthly payments on the
off-site facilities fee portion of the connection fee with certain provisions; or (2) Leave the
Code sections as they are now and continue including special financing options as each
petition project is approved. It was Board consensus to approve the Grisso request and
to bring back a policy in 30 days on April 13, 1999, that includes: interest rate, term of loan
that would cover most situations, and penalty for those who do not participate in the
beginning of the project.
The Board came out of the work session and returned to open session to
take action at 5:30 p.m.
In RE:
SECOND READING OF ORDINANCES
~ Second reading of ordinance amending Ordinance 090997-5
authorizing the creation of and financing for a Local Public
"""'..,
March 9, 1999
183
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Works Improvement Proiect. Mountain Heights Water Proiect.
(Paul Mahonev. County Attorney)
0-030999-9
This item was discussed in work session. Supervisor Nickens moved to adopt
the ordinance. The motion carried by the following recorded vote:
AYES:
Supervisors McNamara, Minnix, Nickens, Johnson
NAYS:
None
ABSENT:
Supervisor Harrison
ORDINANCE 030999-9 AMENDING ORDINANCE 090997-5 AUTHORIZING
THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS
IMPROVEMENT PROJECT, MOUNTAIN HEIGHTS WATER PROJECT
WHEREAS, by Ordinance 090997-5 adopted on September 9, 1997, the
Board of Supervisors authorized the creation of and financing for a local public works
improvement project, namely Mountain Heights Water Project; and
WHEREAS, certain terms and conditions were imposed by this ordinance
upon property owners in the Project Service Area wishing to participate in this project, one
of which was that they elect to participate on or before December 9, 1997; and
WHEREAS, the Board desires to expand those terms and conditions to
include new property owners in the Project Service Area who acquired their property after
the December 9, 1997 deadline stated in Ordinance 090997-5; and
WHEREAS, the first reading of this ordinance was held on February 23,
1999; the second reading was held on March 9, 1999.
BE IT ORDAINED by the Board of Supervisors of Roanoke County as
follows:
1. That Ordinance 090997-5 authorizing the creation of and financing for
the Mountain Heights Water Project be amended to provide that new property owners in
the Project Service Area may apply and receive the benefits provided in Ordinance
090997-5 provided the new property owners apply with the Utility Director within three (3)
months of their acquisition of the property.
2. That the County Administrator is authorized to take such actions and
execute such documents as may be necessary to accomplish the purposes of this
transaction, all upon form approved the by the County Attorney.
184
March 9, 1999
-
3. That this Ordinance shall take effect on and from the date of its
adoption.
On motion of Supervisor Nickens to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor Harrison
IN RE:
WORK SESSION
At 5:35 p.m., the Board of Supervisors returned to a Work Session.
3. Budaet Work Session - debts and revenues (Brent Robertson)
The Work Session was presented by Budget Manager Brent Robertson who
updated the Board on the revenue figures for 1998-99 and proposed revenue figures for
1999-2000. Director of Finance Diane Hyatt presented a work sheet showing the
proposed revenues and expenditures for the 1999-2000 budget for the County and
Schools. Staff will bring back revised figures on March 23, 1999.
IN RE:
EXECUTIVE SESSION
The Executive Session was held from 6:30 p.m. to 7:35 p.m.
IN RE:
CERTIFICATION RESOLUTION
R-030999-10
At 7:35 p.m., Supervisor Johnson moved to return to open session, that the
Executive Session was held from 6:30 p.m. until 7:35 p.m., and adopt the Certification
Resolution. The motion carried by the following recorded vote:
March 9, 1999
185
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~
AYES: Supervisors McNamara, Minnix, Nickens, Johnson
NAYS: None
ABSENT: Supervisor Harrison
RESOLUTION 030999-10 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 member's knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the executive meeting to 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, Nickens, Johnson
NAYS: None
ABSENT: Supervisor Harrison
IN RE:
ADJOURNMENT
At 7:37 p.m., Chairman Johnson adjourned the meeting.
Submitted by,
Approved by,
ì'?70.ø-r JV. aL~~_
Mary H. AI en:CMC/AAE
Clerk to the Board
186
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