8/13/1996 - Regular
August 13, 1996
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
August 13, 1996
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 August, 1996.
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3:00 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman Bob L. Johnson, Vice Chairman Harry C.
Nickens, Supervisors Lee B. Eddy, Fenton F.
"Spike" Harrison, H. Odell "Fuzzy" Minnix
MEMBERS ABSENT:
None
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 Mr. F. Douglas Sweetenberg,
Sheriff's Office.
The Pledge of Allegiance was recited by all
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August 13, 1996
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present.
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge added introduction of visitors from Opole,
Poland, and Supervisor Nickens added an Executive Session Item
regarding potential litigation.
IN RE:
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
h Recognition of the 23rd District Court Service
Unit for winning the National council of Juvenile
and Family Court Judges' award for Most unique and
Innovative Program.
Chairman Johnson presented a certificate of Recognition
to Director Of Court Services Michael Lazzuri and Substance Abuse
Counselor Sandy Alderson, who accepted the award at an annual
conference in Vail, Colorado.
~ Recognition of local government officials from
Opole. Poland.
Mr. Hodge introduced elected officials Ewa Gajek,
Grazyna Wojtalska-Kuysk and Ewa Olszewska who are visiting the
Roanoke Valley from Opole, Poland. They were presented with
honorary certif icates of ci tizenship from Board Chairman
Johnson.
August 13, 1996
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IN RE:
BRIEFINGS
~ Results of the 1996 citizen satisfaction Survey.
(Anne Marie Green. community Relations Director)
Ms. Green reported that this was the third survey
sponsored by the County and was conducted by Martin Associates.
The results were outstanding and very similar to the two previous
surveys. The grades improved and departments received 3 A-'s, 11
B+'s, 7 B's, 2 B-'s and 3 C+'s. The highest ranked services were
fire, rescue and libraries, followed by the police department.
The three lowest were Planning and Zoning, road maintenance, and
the Commissioner of the Revenue. In recognition of their high
marks, Library Director Spencer Watts introduced his staff and
Fire and Rescue Chief Rick Burch introduced Chief Tommy Fuqua and
his staff. Ms. Green advised that focus groups will be
established to study the departments with low grades. Supervisor
Eddy suggested doing the next survey at a different time of the
year in order to receive more responses.
IN RE:
NEW BUSINESS
~ Request from
commission to
committee to
the Fifth Planning District
establish a Regional steering
examine provisions of the 1996
Regional competitiveness Act. (Rick Morse. Public
policy Intern)
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August 13,1996
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R-081396-1
Rick Morse, a public policy intern from Brigham Young
uni versi ty , presented the report.
He advised that in 1995,
Roanoke County participated in the Urban Partnership, formed to
promote efficiency
in
local
government through regional
cooperative efforts with monetary incentives.
A proposal was
developed and forwarded to the General Assembly for authorization
and funding.
The General Assembly approved the proposal and
established a fund of $3 million to be used throughout the state.
Mr. Morse reported that the Virginia Department of
Housing and Community Development is the agency that determines
how partnerships become qualified.
The Fifth Planing District
commission (Fifth PDC) has offered to be the local coordinating
agency for this effort. They are also requesting the appointment
of an elected official and the chief administrative official to
serve on the steering committee.
staff recommended that the
Board adopt a resolution supporting the Fifth PDC as the
coordinating agency and appoint members to serve on the
committee.
Supervisor Eddy moved to adopt the resolution. The
motion was amended by Supervisor Nickens to appoint Supervisor
Eddy and Mr. Hodge to the Steering Committee. The motion carried
by the following recorded vote:
AYES:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
August 13, 1996
563
RESOLUTION 081396-1 IN SUPPORT OF THE FIFTH PLANNING
DISTRICT COMMISSION'S ESTABLISHMENT OF A REGIONAL
STEERING COMMITTEE TO EXAMINE THE PROCESS FOR
DEVELOPING A REGIONAL PARTNERSHIP UNDER THE PROVISIONS
OF THE 1996 REGIONAL COMPETITIVENESS ACT.
WHEREAS, Chapter 26.3 of the Title 15.1 of the Code of
virginia (the Regional Competitiveness Act of 1996) calls for the
creation of regional partnerships; and
WHEREAS, the regional partnerships created by the
Regional Competitiveness Act are to be based on planning district
boundaries; and
WHEREAS, each regional partnership is to develop a
regional strategic economic development plan that identifies the
critical issues of economic competitiveness for its region; and
WHEREAS, each regional partnership shall issue an
annual report describing the region I s progress with respect to
median family income and job creation and its progress in
addressing the critical issues of economic competitiveness
identified in the regional strategic economic development plan;
and
WHEREAS, each regional partnership shall identify
existing and proposed joint activities between and among the
governments of the region; and
WHEREAS, the Fifth Planning District commission is an
association of the cities of Clifton Forge, covington, Roanoke
and Salem; the Counties of Allegheny, Botetourt, Craig and
Roanoke; and the Town of Vinton; and
WHEREAS, the Fifth Planning District Commission has
encouraged local governments to work together for their mutual
benefit and the benefit of the Commonwealth; and
WHEREAS, the Fifth Planning District has carried out a
variety of programs to improve the economic competitiveness of
the region including the preparation of overall economic
development plans; and
WHEREAS, the Fifth Planning
monitors and reports on major trends and
region and maintains a familiarity with
joint activities within the region; and
District Commission
conditions within the
existing and proposed
WHEREAS, the Fifth Planning District Commission has
expressed a willingness to coordinate the creation of a regional
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August 13, 1996
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partnership in the District, and has allocated staff time for
coordination and administration; and
WHEREAS, the regional partnerships created by the
Regional Competitiveness Act are to be approved by the local
governing bodies of the region.
NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County
Board of supervisors expresses its support of the Fifth Planning
District commission in establishing a regional steering committee
to define the process of developing a regional partnership for
the District and to identify and address key areas of interest to
the various localities.
On motion of Supervisor Eddy to adopt the resolution,
amended by Supervisor Nickens to appoint supervisor Lee Eddy and
County Administrator Elmer Hodge to the Steering committee, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
.2....L Request from' Dixon contracting. Inc. to appeal
denial of request to withdraw bid for the Fort
Lewis Sub-Main/West Main street Sub-Main/Glenvar
East Sanitary Sewer project.
(Joseph Obenshain,
Sr. Assistant County Attorney)
A-081396-2
This issue is related to a bid by Dixon contracting
which was lower than the next lowest bid by $108,852.25. The bids
were opened on July 17. On July 18, Dixon contracting delivered a
letter to Procurement claiming clerical mistakes in their bid for
the project and requestd that they be allowed to withdraw their
bid without forfeiting their bond. County staff felt that their
request did not fall within the requirements of clerical errors
as outlined in the Code, and denied the request.
Dixon
August 13,1996
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contracting then appealed the denial.
Mr. Kevin Blair, attorney representing Wayne Dixon, was
present. He explained that Mr. Dixon came back from a trip out
of the country and hurriedly prepared his bid, and as a result,
mistakes were made. He presented a document outlining the bid
and the mistakes made by Mr. Dixon. supervisor Nickens
questioned whether this should be discussed in executive session
or in work session to allow the Board members time to review the
document. Mr. Hodge also expressed concern about receiving
information that staff did not have an opportunity to review. He
suggested referring the issue back to staff until the next
meeting. Following discussion, it was decided to postpone action
until later in the meeting to allow staff to meet with the
attorney and review the document.
Following approval of Reports on the agenda, this issue
was again brought before the Board. There was additional
discussion on what constitutes a clerical error in a bid.
Supervisor Nickens pointed out that Dixon contracting can
withdraw their bid, and forfeit $16,000 in bid bond penalty, but
they are requesting that they be allowed to withdraw because of a
clerical error, for which the bid bond would not be forfeited.
Supervisor Harrison moved to deny the appeal to
withdraw bid. The motion carried by the following recorded vote:
AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
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August 13, 1996
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h Submission to the FCC of subscriber complaints
regarding the cable programming service tier rates
of Cox Cable Roanoke.
(Joe Obenshain. Sr.
Assistant county Attorney)
Mr. Obenshain reported that recent changes in Federal
communications commission (FCC) regulations have removed the
ability of individual cable consumers to file complaints directly
with the FCC to raise objections to rate increases for the cable
programming services tier.
Cox Communications announced
increases in their rates for cable customers effective March 1,
1996. A cable customer has 90 days to file a complaint regarding
the rates and at least two customers must file complaints to
review an increase in the rates.
Roanoke County has received
complaints from two citizens requesting a review of the Cox Cable
increased rates.
Mr. Obenshain advised that Cox Communications
has submitted a response setting forth its reasons why no
complaint should be forwarded to the FCC.
The County has also
received an opinion from its outside legal counsel for cable
television issues that Cox Communications are wi thin the rate
range permitted by FCC regulations.
staff recommended that the Board decline to file a rate
complaint with the FCC and rely on the review of rate increases
conducted by outside legal counsel.
It was the consensus of the Board to take no action,
August 13,1996
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therefore declining to submit the complaints to the FCC.
~ Request to appropriate funds to VML/VACo for
County share of assessment for American Electric
Power Negotiations. (Amber Buckowsky. Roanoke
county Intern)
A-081396-3
Ms. Buckowsky, a Red Cross volunteer intern, advised
that the VML/VACo Appalachian Power Company, now known as
American Electric Power (AEP) steering Committee, was established
to negotiate reduced electric services charges with AEP for the
local governments. Roanoke County's current contract was
approved in 1994 and expired July 30, 1996. AEP has proposed a
new three-year contract with rates frozen at their present level.
Due to the costs of consultants, legal fees and other expenses,
each local government is asked to contribute its share of the
cost which is determined by its proportionate use of electricity.
Roanoke County's fee assessment is $9,735. Staff recommended
approval to pay the negotiating fee from the Board Contingency
Fund. Supervisor Nickens requested that the funding not come
from the Board contingency Fund but should be funded from the
existing budget.
Supervisor Minnix moved to approve the $9,735
expenditure and that Mr. Hodge is to find the necessary funds to
cover the fee. The motion carried by the following recorded
568
August 13, 1996
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vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
REQUESTS FOR WORK SESSIONS
Mr. Hodge suggested scheduling a work session in
September with American Electric Power.
IN RE:
REQUESTS FOR PUBLIC HEARINGS
~ Request for public hearing on september 24. 1996
to amend the Roanoke Valley Resource Authority
Charter and Member Use Agreement to permit the
Authori ty to engage in solid waste collection.
(william Rand. General Services Director)
Mr. Rand reported that before amendments can be made
to the Resource Authority Articles of Incorporation and Member
Use Agreement, the city of Roanoke, Town of vinton and County of
Roanoke must hold a public hearing.
In response to a question
from Supervisor Eddy, Mr. Rand explained that this public hearing
was only to amend the documents and not to proceed with solid
waste collection by the Resource Authority.
Supervisor Minnix moved to set the public hearing for
September 24, 1996. The motion carried by the following recorded
vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
August 13,1996
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NAYS:
None
IN RE:
FIRST READING OF ORDINANCES
~ Ordinance authorizing the conveyance of a 10 foot
gas line easement to Roanoke Gas company across a
portion of the Public Service Center.
(William
Rand General Services Director)
Mr. Rand reported that Roanoke Gas Company has
requested an easement across a portion of the Kessler Mill Public
Service Center to extend gas service to an area not presently
serviced.
The proposed easement would not affect any operation
at Kessler Mill either current or future, and would run through
an unpaved parking area.
Departments housed in the Service
Centér have been contacted and they are unopposed.
supervisor Eddy noted that the Board report indicated a
20 foot easement but the ordinance listed a 10 foot easement.
Property Manager John Willey explained that 10 feet was a
permanent easement and 10 feet was a temporary easement.
supervisor Harrison moved to approve the first reading
with changes to make the easement consistent to be made to the
ordinance by the second reading on August 27, 1996. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
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August 13, 1996
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IN RE:
APPOINTMENTS
~ Grievance Panel
Ms. Allen was asked to contact Vince Reynolds about his
willingness to serve another term.
~ Industrial Development Authority
Supervisor Johnson nominated J. Richard Cranwell to
serve another four year term which will expire September 26,
2000.
h
Metropolitan
Transportation
District
Study
Committee
Ms. Allen was asked to report back to the Board when
the Roanoke City Council makes their appointments.
IN RE:
CONSENT RESOLUTION
R-081396-4. R-081396-4.c
supervisor Nickens moved to adopt the Consent
Resolution after discussion of Item 2 and correction to Item 1.
The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 081396-4 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM L - 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 August 13, 1996 designated as Item L - Consent
Agenda be, and hereby is, approved and concurred in as to each
August 13, 1996
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item separately set forth in said section designated Items 1
through 4, inclusive, as follows:
1. Approval of Minutes - June 11, 1996, June 25,
1996, July 9, 1996 (Joint Meeting with Roanoke
city Council), July 9, 1996 (regular meeting)
2. Confirmation of committee appointment to the
Social Services Advisory Board.
3. Request from the Sheriff's Department to accept
and appropriate the Adul t Literacy and Basic
Education Program grant.
4. Request for acceptance of Lost Drive and Lost View
Lane into the Virginia Department of
Transportation Secondary system.
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 Nickens to adopt the Consent
Resolution after discussion of Item 3 and correction to Item 1,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
RESOLUTION 081396-4.c REQUESTING ACCEPTANCE OF LOST
DRIVE AND LOST VIEW LANE INTO THE VIRGINIA DEPARTMENT
OF TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the streets described on the attached
Additions Form SR-5(a), fully incorporated herein by reference,
are shown on plats recorded in the Clerk's Office of the Circuit
Court of Roanoke County, and
WHEREAS, the Resident Engineer for the virginia
Department of Transportation has advised this Board the streets
meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation, and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the
Virginia Department of Transportation to add the streets
described on the attached Additions Form SR-5(A) to the secondary
system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements,
and
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August 13, 1996
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BE IT FURTHER RESOLVED, this Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
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: Supervisor Nickens
Yeas: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
Nays: None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
supervisor Nickens: (1) He announced that the Orvis
Company will be bringing five programs to the Planned Commercial
Development on the Hammond property.
Supervisor Eddy: (1) He asked what action had been
taken regarding an employee incentive plan.
Mr. Hodge advised
that the ISOP team will develop guidelines for the program and it
will be brought back to the Board within 45 days (September 24,
1996) .
(2) He asked about a policy for contributing to athletic
teams going to national competitions.
Mr. Hodge will bring a
proposed policy back in several months that will also include
non-athletic competitions.
(3) He received a copy of the
newsletter that was sent to the civic leagues and committees, and
asked about the purpose of the newsletter. Mr. Hodge responded
that this is a result of quarterly meetings with civic leagues
and will inform them on County issues. Ms. Green presented the
distribution list.
(4) He asked about negotiations for the
sewage treatment plant upgrade. utility Director Gary Robertson
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August 13, 1996 ~
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updated the Board about the project.
(5) He requested an update
from the staff on concerns regarding the new swimming pool
ordinance. Mr. Hodge responded that he knew of no complaints but
would check with the Health Department and report back.
( 6) He
announced that there was an illegal sign and banner at the
McDonald's at Oak Grove Plaza that has not yet been removed.
Supervisor Minnix: He suggested that the Board consider
locating a firing range in South Roanoke County or Franklin
County that would be include all localities (counties, cities and
towns) adjacent to Roanoke County. He suggested that a committee
be established to study a joint firing range with the ultimate
goal of a regional police department. Mr. Hodge will work with
the other localities to evaluate potential sites.
supervisor Harrison: (1) He has received calls from
residents on Timberview road concerning Roanoke City's plan for a
firing range at Carvins Cove and requested that the City and
County restudy the issue.
(2) He expressed appreciation for
setting a work session with American Electric Power to discuss
the proposed 745KV transmission line.
(3) He brought back
charcoal from upstate New York for Tim Gubala, a former resident
of that area.
Supervisor Johnson: (1) He reminded the Board members
about the planning retreat on August 24 and 25. (2) He expressed
ongoing concern about the conditions of the median strips when
compared to Salem and Roanoke City.
supervisor Nickens again
574
August 13, 1996
asked staff to contact the City of Lynchburg to see how they
conduct their mowing and beautification efforts.
Mr. Hodge
described current plans for beautification and mowing.
( 3 ) He
received correspondence from the Blue Ridge Parkway that they
have received letters of support to declare the Blue Ridge
Parkway an All American Road.
IN RE:
REPORTS
Supervisor Minnix moved to receive and file the
following reports. The motion carried by a unanimous voice vote.
ÅL General Fund unappropriated Balance
~ capital Fund Unappropriated Balance
h Board contingency Fund
~ status Report on Dixie Caverns
~ Acknowledgment from VDOT of the acceptance of
roads in the Secondary system in July 1996.
~ Update on private property SSE/R Program
2L Status Report on the comprehensive Plan
IN RE:
RECEPTION TO MEET ROANOKE COUNTY'S NEW DEPARTMENT HEADS
The Board held a brief recess to attend a reception and
meet the County's new department heads, Joseph Sgroi, Director of
Human Resources,
craig Hatmaker,
Director
of Management
Information services, Richard Burch, Fire and Rescue Chief and
Diane st. John, Registrar (who was unable to attend).
August 13, 1996
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IN RE:
WORK SESSION
~ Cable Television issues
AL 1996 Telecommunications Act
Joseph Obenshain, Senior Assistant County Attorney,
advised the Board that the Telecommunications Act of 1996 will
have significant implications for Roanoke County and will affect
cable television, personal communication services which are
similar to cellular phone services, restrictions to dishes and
towers in the zoning ordinance, and telephone competition and
service.
He explained that the regulations are still being
written. supervisor Eddy noted that Counties had no authority at
the present time to require franchises for the operation of
telecommunications related businesses except for cable TV, and
suggested that inclusion of counties be added the our VACo
legislative proposals. Mr. Obenshain was advised to keep the
Board informed on regulations being prepared.
Jh. Status report on Cox Cable BPOL Tax
Mr. Hodge presented a chart showing comparisons of
local utilities and what their tax liabilities were.
Following
discussion, Mr. Hodge was asked to bring back a chart with more
detailed information including dollars.
supervisor Nickens
requested that staff check on short-term rental for video stores
such as Blockbuster.
Mr. Hodge was also requested to get more
information on the Cox Cable settlement of BPOL taxes with
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August 13, 1996
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Roanoke city.
~ Future programming options for RVTV
Community Relations Director Anne Marie Green explained
that RVTV has two full-time and two part-time staff as of July 1.
She presented a list of productions that RVTV handled during
1995. The RVTV staff is currently responsible for three monthly
programs, the Board of Supervisors Meetings, and City Council
meetings, and has only 36 hours left each month for other
productions. They also need to have at least one person at the
studio for programming.
Following discussion, Supervisors Johnson and Eddy
suggested that a study be done on hiring additional staff for þ
RVTV which would result in expanded productions and programming.
IN RE:
OTHER DISCUSSION
There was a general discussion on road improvements at
major interchanges with Director of Engineering and Inspections
Arnold Covey.
IN RE:
EXECUTIVE SESSION
At 7:15 p.m., Supervisor Minnix moved to go into
Executive Session following the reception and work session
pursuant to the Code of Virginia Section 2.1-344 A.(5) discussion
concerning a prospective business or industry; (7) potential
litigation. The motion carried by the following recorded vote:
August 13, 1996
577
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-081396-5
Supervisor Minnix moved that the Board came out of
Executive Session at 8:00 p.m. and adopt the certification
Resolution. The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 081396-5 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
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August 13. 1996
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Certification Resolution, and
vote:
AYES:
NAYS:
carried by the following recorded
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IN RE: ADJOURNMENT
At 8:01 p. m. , Chairman Johnson declared the meeting
adjourned to Saturday, August 24, 1996, at 4:00 p.m. at the
Holiday Inn-Tanglewood for the purpose of a planning retreat.
Submitted by,
Approved by,
n?~ ;;t..,/. a..¿¿~~
Mary H. Allen, CMC
Clerk to the Board