HomeMy WebLinkAbout2/8/1994 - Regular
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February 8, 1994
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Roanoke county Board of Supervisors
Roanoke County Administration Center
5204 Bernard Drive, S.W.
Roanoke, Virginia 24018
February 8, 1994
The Board of Superviscrs 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 February, 1994.
IN RE:
CALL TO ORDER
Chairman Eddy called the meeting to order at 3:05 p.m. The
roll call was taken.
Chairman Eddy announced that this was the first meeting in
the new Roanoke County Administration Center at 5204 Bernard Drive,
s.w, Roanoke, Virginia.
MEMBERS PRESENT:
Chairman Lee B. Eddy, Vice Chairman Edward G.
Kohinke, Sr., Supervisors Bob L. Johnson, H. Odell
"Fuzzy" Minnix, Harry C. Nickens
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
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February 8, 1994
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Nickens.
The invocation was given by Supervisor Harry
The Pledge of Allegiance was recited by all present.
C.
IN RE:
NEW BUSINESS
~ Reauest from the Sheriff to Submit an ADDlication
to the State of Virainia for Reimbursement of Jail
Renovations. (Sheriff Gerald Holt)
A-2894-1
Sheriff Holt reported that following the January 25
work session, the staff studied other less expensive options that
would increase capacity at the jail. They determined that the
maintenance shop could be moved outside the jail facilities I
allowing additional room to expand the kitchen. There would be a
total of 81 new beds which would comply with Department of
Corrections minimum standards. The cost is estimated at $2
million. Sheriff Holt advised that he would apply for state
funding if additional positions were needed. He requested
authorization to submit an application to the State for
reimbursement for the jail renovations to include (1) finishing
the sixth floor; (2) adding a seventh floor; (3) removal of the
maintenance shop to another area and (4) renovation of the
kitchen.
FOllowing discussion, Supervisor Johnson moved to
approve the application submittal. The motion carried by the I
following recorded vote:
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February 8; 1994 73
AYES:
NAYS:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
None
h Reauest to Establish Comoensation Amount for the
Board of Eaualization. for 1994. (John Birckhead.
Director of Real Estate Assessments)
A-2894-2
Mr. Birckhead reported that he had conducted a survey
of neighboring localities concerning compensation of their Board
of Equalization members. The County Board of Equalization
previously received $2,000 for the year, regardless of the number
of meetings they attended. Mr. Birckhead recommended that the
salary be set at $200 per diem for attended meetings, not to
exceed $2,000 per member.
Concern was expressed by several board members that the
salary should be changed prior to appointment rather than in the
middle of the year, and that if additional meetings were
necessary beyond $2,000, the members would not be compensated.
Supervisor Nickens moved to approve $200 per meeting up
to $2,000 per member. The motion was denied by the following
recorded vote:
AYES:
NAYS:
Supervisor Nickens
Supervisors Johnson, KOhinke, Minnix, Eddy
supervisor Nickens moved to approve $150 per member per
Supervisor Johnson asked the Chair to rule whether this
meeting.
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February 8, 1994
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motion was in order and Chairman Eddy ruled the motion in order.
The motion was denied by the following recorded vote:
AYES: Supervisors Nickens, Eddy
NAYS: Supervisors Johnson, Kohinke, Minnix
Supervisor Nickens moved to approve $175 per member per
meeting. The motion was denied by the following recorded vote:
AYES: Supervisors Nickens, Eddy
NAYS: Supervisors Johnson, Kohinke, Minnix
Supervisor Johnson moved to fund the Board of
Equalization at $2,000 per member. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, I
NAYS: Supervisor Eddy
h Reauest to Enter into a New contract wi th the
Roanoke Valley SPCA to Ooerate an Animal Shelter
on Behalf of Roanoke County. (John Chambliss.
Assistant County Administrator)
A-2894-3
Mr. Chambliss advised that since July 1, 1991, the
County has been paying $1,500 per month to the SPCA, regardless
of the number of animals being sheltered. The SPCA is now
changing its method of billing to $6.00 per animal per day.
Based on the number of days per animal housed at the shelter this
would amount to $16,560 per year. Mr. Chambliss requested
approval to enter into a new contract with the Roanoke Valley
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February 8, 1994
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SPCA to operate an animal shelter for the County. In response to
questions, Mr. Chambliss advised that if the County adopts a cat
ordinance, the cost could double.
Supervisor Nickens moved to enter into a contract at
$6.00 per day per animal with the understanding that the issue
can be brought back in the future should the cost increase. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
IN RE: REQUESTS FOR WORK SESSIONS
~ Reauest for Work Session on March 8. 1994 to
Discuss Revisions to the Secondary System six Year
Construction Plan.
Supervisor Johnson moved to set the work session for
March 8, 1994. The motion carried by a unanimous voice vote.
IN RE:
FIRST READING OF ORDINANCES
~ ordinance Authorizina Conveyance of an Easement to
Aooalachian Power Comoany for Electric Service
Across Starkey Park Prooerty.
Supervisor Minnix moved to approve the first reading of
the ordinance and set the second reading for February 22, 1994.
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February 8, 1994
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The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
IN RE:
APPOINTMENTS
~ Grievance Panel
Supervisor Eddy nominated Kenneth Lussen to serve
another two-year term which will expire February 23, 1996.
IN RE:
CONSENT AGENDA
R-2894-4
Supervisor Nickens moved to adopt the Consent Agenda
after ,discussion of Item 5. The motion carried by the following I
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 2894-4 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 February 8, 1994, 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
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through 9, inclusive, as follows:
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February 8, 1994
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1.
Approval of Minutes for December 14, 1993, January
3, 1994, January 5, 1994, January 7, 1994.
2. Confirmation of Committee Appointments to the
Roanoke Regional Airport Commission and Total
Action Against Poverty Board of Directors.
3. Request for Acceptance of the Extension of Arabian
Lane into the Virginia Department of
Transportation Secondary System.
4. Resolution of Support to Amend the Virginia
Association of Counties Bylaws.
5. Authorization to Pay Legal Fees for Firetruck
Litigation with Grumman Aircraft Company.
6. Request for Approval of a Raffle Permit from the
Roanoke Valley Academy of Medicine Auxiliary.
7.
Request for Approval of a Raffle Permit from the
National Association of Retired Federal Employees
Chapter 111 of Roanoke.
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8.
Request for Approval of a Raffle Permit from the
Rocky Mountain Elk Foundation LTD.
9. Request for Approval of Resolution for Extension
of Time for Review of Basic Cable Rate Filing.
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 5, and carried by the
following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
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NAYS:
None
RESOLUTION 2894-4.b REQUESTING ACCEPTANCE OF THE
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February 8, 1994
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EXTENSION OF ARABIAN 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 that the
streets meet the requirements established by the Subdivision
Street Reauirements 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 Reauirements.
and
BE IT FURTHER RESOLVED, this Board guarantees a clear I
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 of the Virginia
Department of Transportation.
Recorded Vote
Moved By:
Seconded By:
Yeas:
Nays:
Harrv C. Nickens
Not Reauired
Supervisors Johnson.
Eddv
None
Kohinke.
Minnix.
Nickens.
RESOLUTION 2894-4.c OF SUPPORT TO AMEND THE
VIRGINIA ASSOCIATION OF COUNTIES BYLAWS
WHEREAS, most Virginia political subdivisions have
adopted election laws which elect office holders by specific
districts in lieu of "at-large" representations; and
WHEREAS, the Virginia Association of Counties elects
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its regional representatives by votes cast by all member counties
regardless of the region in which they are located; and
WHEREAS, there are large urban counties which have more
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votes than entire regions in other parts of the Commonwealth; and
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WHEREAS, this procedure has the potential to enable a
single co;µnty to cancel the unanimous decision of a particular
region to be represented by its own choice.
NOW, THEREFORE BE IT RESOLVED, that the Roanoke County
Board of Supervisors of Roanoke County, Virginia supports
Lancaster County's request to amend the Article XVII to the By-
laws of the Virginia Association of Counties to rectify this
inequity.
BE IT FURTHER RESOLVED, that the Clerk to the Board of
Supervisors is directed to forward copies of this resolution to
the Virginia Association of Counties and the Lancaster County
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Board of Supervisors.
On motion of Supervisor Nickens to adopt the
resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 2894-4.h REQUESTING
EXTENSION OF TIME FOR REVIEW OF
BASIC CABLE RATE FILINGS
WHEREAS, the County of Roanoke's "Certification of
Franchising Authority to Regulate Basic Cable Service Rates .
. ," F. C. C. Form 328, was filed with the Federal Communication
Commission on October 12, 1993, and on October 26, 1993, this
Board adopted Ordinance 102693-4 establishing "Procedures and
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Standards for the Regulation of Cable Television Rates .
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and
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February 8, 1994
WHEREAS, . by certified letter dated November 1,
1993, received on November 2, 1993, Cox Cable Roanoke, Inc. was
formally notified of the receipt by the F.C.C. of the County's
Form 328 and the Board's adoption of the aforesaid Ordinance; and
WHEREAS, on January 7, 1994, the County of Roanoke
received a completed F.C.C. Form 393; "Request for Cable Rate
Approval" from Cox Cable Roanoke, Inc. as required for regulation
and approval of basic cable service rates which Form 393 was
forwarded to the offices of Moss & Barnett, of Minneapolis,
Minnesota, for their audit, review and report to this Board on
the reasonableness of Cox Cable Roanoke, Inc.'s rate request; and
WHEREAS, by letter received by the County
Attorney's Office on January 31, 1994, Moss & Barnett, the
County's retained legal counsel for this rate review, requests
specified additional information from Cox Cable Roanoke, Inc., in
order to permit review of all relevant information and issues
relating to this rate request; and
WHEREAS, the F. C. C. ' s "Report and Order on Rate
Regulation" authorizes a franchising authority to extend for up
to 90 days the effective date of proposed basic cable service
rates to permit the authority to make a final determination on
the information submitted by the cable operator. To toll the
effective date of the proposed rates, the franchising authority
must issue a brief order or resolution explaining that it needs
additional time to review the proposed rates; and
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WHEREAS, notice must be provided to the cable operator
within 30 days of receipt of their Form 393 of this 90 day
extension and the County Attorney's Office mailed to Cox Cable
Roanoke, Inc. on February 2, 1994, by certified mail, return
receipt requested, such a letter of notification.
BE IT RESOLVED by the Board of Supervisors of the
County of Roanoke, as follows:
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1. That the initial 30 day period for the review of
the proposed basic cable service rates of Cox Cable
Roanoke, Inc., as set forth in the F. C. C. Form 393
received by the County of Roanoke on January 7, 1994,
is hereby extended for 90 additional days in order to
obtain and review additional information from Cox Cable
Roanoke, Inc. as to the justification for ,its rate
request. This action is being taken to ensure that the
proposed rate is wi thin the reasonableness standard
established by the Federal Communications Commission in
its "Report and Order on Rate Regulation."
2. That the letter of notice mailed to Cox Cable
Roanoke, Inc. from the Office of the County Attorney on
February 2, 1994, is hereby ratified and affirmed by
this Board as authorized by this Board of Supervisors,
as the franchising authority for cable operators in
Roanoke County, as tolling the effective date for the
basic cable service rates submitted on January 7, 1994,
for an additional 90 days. If no action be taken by
this Board within this additional time period, the
proposed rates will go into effect, subject to
subsequent refund orders.
'3. This resolution shall be effective from the date
of its adoption.
On motion of
Supervisor Nickens to adopt the
resolution, and carried by the following recorded vote:
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AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
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IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Nickens: He asked to determine whether the
Board will follow Mr. Mahoney's proposed rules and procedures or
Chairman Eddy's rules and procedure. Chairman Eddy advised that
Robert's Rules would be followed unless the Board chooses to
amend its organizational resolution. Supervisor Nickens agreed.
Supervisor Johnson: He advised that he had received a
letter from a citizen regarding the article in the Roanoke Times
& World-News quoting him on recycling. He announced that he was
chairman when the pilot recycling program began in Roanoke
County, and he was a strong supporter of the program. He felt his
comment was taken out of context, and was made in frustration.
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Mr. Hodge will bring back a report on recycling on February 22,
1994.
Supervisor Kohinke: (1) He advised that he supported
recycling efforts also. (2) He asked for a draft of the six
year plan work session as soon as possible.
Supervisor EddY: He explained that he did not send a
copy of his Rules & Procedures memo to members of the Board
because he did not think that Mr. Mahoney sent copies of his memo
on the same subject to them. (2) He announced that there was a
meeting on February 1, 1994 at the Vinton War Memorial with the
chief officials of the Roanoke Valley. A joint statement will be
issued in support of the 1-73 route going through 460, IBl and I
south to Martinsville. He advised that the Fifth Planning
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District Commission also adopted a resolution supporting this
route and I-64 to 220 Martinsville. (3) Mr. Hodge and Chairman
Eddy will meet with the Martinsville officials to encourage
these routes and they will work with Congressman Goodlatte for
federal 'support. (4) He attended a meeting regarding VPI
Extension service and has literature for the Board to review if
they are interested. (5) He attended a meeting of the Employees
Advisory Committee with Supervisor Johnson. The main subject was
the proposed Paid Time Off (PTO) policy. He assured the EAC that
there will be further discussion of the issue befóre any decision
is made.
IN RE:
REPORTS
Supervisor Kohinke moved to receive and
following reports after discussion of Items 5 and 6.
carried by a unanimous voice vote.
~ General Fund UnaDDroDriated Balance
h CaDital Fund UnaDDroDriated Balance
h Board Continaency Fund
~ ReDort on Fire and Rescue Reaction/ResDonse Times
for December 1993
ReDort of Public Safety Team Consideration of the
ProDosed Cat Ordinance
It was the consensus of the Board to bring forward a
cat ordinance. Staff was directed to bring back a proposed
file the
The motion
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February 8, 1994
ordinance for first and second readings.
h Alternatives and Actions to Address Concerns of
the Residents of the Plymouth Colony Subdivision
IN RE: RECEPTION HONORING THOSE RESPONSIBLE FOR THE MOVE TO
THE NEW ADMINISTRATION BUILDING (4TH FLOOR)
At 4:45 P.M., Supervisor Johnson moved to recess for
the reception honoring those individuals who participated in the
move to the new building. The motion carried by a unanimous voice
vote.
IN RE:
RECOHVENEMENT
At 5:35 p.m., Chairman Eddy reconvened the meeting with
all present.
IN RE: WORK SESSIONS (FOURTH FLOOR CONFERENCE ROOM)
~ Discussion of County Leave Policies
Mr. Hodge reported that the Internal Support and
Operations Team had been reviewing possible Paid Time Off (PTO)
policies over the last several months. He felt that some aspects
of the policy might be beneficial while others may not be
applicable to Roanoke County. Issues to be addressed included
vacation leave, sick leave, holiday leave, and paternity leave.
Reports were available showing sick leave usage from 7/1/93 to
12/31/93 and fiscal year 1992-93.
Following discussion, It was decided that a County Task
Force would be established by ISOP and Mr. Hodge to look at the
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February 8, 1994
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leave policy and make recommendations that would reduce the abuse
of sick leave and keep the. County offices open on minor holidays.
A recommendation will be brought back to the Board in thirty to
forty-five days.
h Joint Work Session with the Plannina Commission.
The Planning Commission was called to order at 5: 55
p.m. with all members. Planning and Zoning Director Terry
Harrington presented the 1994 work program which will include:
(1) Community Visioning Process; (2) William Road Corridor; (3)
One Year Zoning Ordinance Review and Revision; and (4) Amendment
of the Zoning Ordinance for Overlay Districts. He also presented
a timetable for revision to the zoning ordinance, with a Board of
Supervisors Public Hearing scheduled for April 26, 1994.
Chairman Eddy presented several issues and requested
that they be included in the future. These issues were a tree
ordinance, mountain viewshed protection; greenways; illegal dumps
and affordable housing. There was general Board consensus to
follow the work plan and timetable presented by Mr. Harrington.
h Joint Work Session with School Board to Discuss
Caoital Reauests.
School Board chairman Frank Thomas called the School
Board meeting to order. ~ll members were present.
Dr. Wilson, School Superintendent, presented an update
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February 8, 1994
on school construction projects. Diane Hyatt, Finance Director,
presented the figures for the Roanoke County Occupational School
renovations.
There was a discussion on whether the costs to
renovate this building to house the School Board administration
will exceed the previously approved amount.
The Board members suggested that the School Board
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develop a status report on their capital projects similar to the
County bond project status report. Chairman Eddy asked Mr. Hodge
and Dr. Wilson to work together on the creation of a similar
report for school projects.
h Vehicle Reol~cement Policy
Mr. Hodge reported that the Facilities Management Team
had submitted a draft policy for replacement of County vehicles
on September 28, 1993.
The team was then asked to research
question raised at the meeting and report their findings. The
team determined that the present fuel computer system was not
capable of handling programs that would assist in monitoring
vehicle maintenance and replacement, and a Request for Proposal
is being prepared to determine the cost of a new system. Funding
for the computer system will be included in the budget process.
Property Manager John Willey will assume the responsibilities of
serving as the fleet manager.
An independent survey will be
administered to determine the needs of the Fire and Rescue
Department.
No action was taken on ~he adoption of the proposed
vehicle replacement policy.
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February 8, 1994
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~ Budaet Work Session: six Months BUdaet Review
Mr. Hodge presented a six month review and advised that
six departments had spent over 50% of their budget at the end of
six months. They were community Relations, Treasurer' Office,
Care and Confine in the Jail, Fire and Rescue, Grounds
Maintenance and the Library. Mr Hodge advised that there is no
shortfall anticipated in any of these departments by the end of
the ffiscal year.
IN RE: EXECUTIVE SESSION
At 8: 30 p.m., Supervisor Johnson moved to go into
Executive Session pursuant to the Code of Virginia Section 2.1-
I 344 A (3) Acquisition of real property for public purpose; (1)
to discuss a personnel matter; and (7) to discuss actual
litigation. The motion carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
None
IN RE:
R-2894-5
CERTIFICATION OF EXECUTIVE SESSION
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At 9:15 p.m., Supervisor Johnson moved to return to
Open Session and adopt the Certification Resolution. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
RESOLUTION 2894-5 CERTIFYING EXECUTIVE MEETING WAS HELD
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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: II
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:
NAYS:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
None
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February 8, 1994
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IN RE:
ADJOURNMENT
At 9:17 p.m., Supervisor Johnson moved to adjourn. The
motion carried by a unanimous voice vote.
Respectfully submitted,
Approved,
/Y)~ 7-:1. r7.P¿(¿~
Mary H. Allen, Clerk
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Lee B.
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Eddy, Chai n
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