HomeMy WebLinkAbout10/26/1993 - Regular
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October 26, 1993
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
October 26, 1993
The Board of Supe.rvisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
fourth Tuesday, and the second regularly scheduled meeting of the
month of October, 1993.
I IN 0;
CALL TO ORDER
Vice Chairman Eddy called the meeting to order at 2:00 p.m.
The roll call was taken.
MEMBERS PRESENT:
'I....
Chairman H.
p.m.); Vice
L. Johnson,
Nickens
Odell "Fuzzy" Minnix, (Arrived 2: 10
Chairman Lee B. Eddy, Supervisors Bob
Edward G. Kohinke, Sr. , Harry C.
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator (Arrived 2:10
p.m.); Paul M. Mahoney, County Attorney; Brenda J.
Holton, Deputy 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 the Reverend Rick Elmore, Cave
\1 Spring Baptist Church.
present.
The Pledge of Allegiance was recited by all
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october 26, 1993
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
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h Resolution Commemoratina the Fiftieth Anniversary of
World War II.
R-102693-1
vice Chairman Eddy presented the resolution to John L.
Slaugher, Chairman of the Commi ttee to Commemorate World War II,
Norman Elmore, and Waynard Caldwell.
Supervisor Kohinke moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 102693-1 COMMEMORATING THE FIFTIETH ANNIVERSARY I
OF WORLD WAR II
WHEREAS, the fiftieth anniversary of World War II is being
celebrated between 1991 and 1995; and
WHEREAS, most of the major battles and campaigns involving
American forces took place fifty years ago, in 1943, 1944 and 1945;
and
WHEREAS, a large number of residents of Roanoke County and
the Roanoke Valley fought in that war and returned here to live,
contributing greatly to our community over the past fifty years; and
WHEREAS by remembering and commemorating the anniversary of
World War II, we not only honor the veterans who fought in that war
and the people who died during it, but we also
sacrifice experienced during that time as we
remember the horror and
look for ways to keepl
peace in the future.
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October 26, 1993
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, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County, Virginia, on its own behalf and on behalf of the
people of Roanoke County, does hereby officially commemorate the
FIFTIETH ANNIVERSARY OF WORLD WAR II; and
FURTHER, the Board of Supervisors urges that everyone
remember the men and women who served in the Armed Forces during the
upcoming celebration of Veteran's Day on November 11.
On motion of Supervisor Kohinke to adopt the Resolution, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
IN RE:
NEW BUSINESS
h Authorization to Purchase ReD1acement for Ladder Truck
for Town of Vinton.
(T. C. Fuaua. Chief. Fire'
Rescue)
A-102693-2
Chief Fuqua reported that the County's suit against Grumman
concerning the ladder truck started October 25, 1993.
Subject to the
outcome of that case, Chief Fuqua requested that the Board approve
purchasing a 1993 Simon/LTI ladder truck for $407,466, with $181,233
from the County's unappropriated fund balance, and trade in of the
existing Grumman ladder truck.
After discussion, Supervisor Nickens moved to approve the
purchase price of $407,466, with the costs to be split between the
County and Vinton, and the funds allocated from the unappropriated
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October 26, 1993
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balance and for staff to continue to monitor the situation to
trade or utilize the existing vehicle.
The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
h Reauest for Funds for Recodification of Countv Code.
(Paul Mahoney. County Attorney)
A-102693-3
Mr. Mahoney advised that the Municipal Code Corporation will
issue 100 copies of Supplement #2 to the Roanoke County Code for a
cost of $10,168, and 200 pamphlets of the Zoning Ordinance at a cost
of approximately $2,000. He reported that there are funds aVailablel
in the County Attorney's budget to cover $6,500 and requested an
appropriation of $6,500 from the Board Contingency Fund.
Supervisor Johnson moved to appropriate $6,500 from the
Board Contingency Fund. The motion carried by the following recorded
vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING
ORDINANCES - CONSENT AGENDA
h
Ordinance Authorizino a Soecia1 Use Permit
Existino Mobile Home Park. Located at
Drive. Hollins Maqisterial District. Uoon
to Exoand an
1000 M&ttiel
the Petition
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October 26, 1993
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O~ carO~1na MOÞ11e Home Park.
Supervisor Johnson moved to approve the first reading and
set the public hearing and second reading for November 30, 1993. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
J!N RE:
FIRST READING OF ORDINANCES
h Ordinance Authorizino the Acauisi tion of a Permanent
Access and Environmental C1ean-Uo Easement from Richard
P. Rider in connection with the Dixie Caverns Landfill
site. (Vickie Huffman. Assistant County Attorney)
Mr. Mahoney advised that in order to comply with the
Environmental Protection Agency regulations and perform the required
removal action at the Dixie Caverns landfill site, it is necessary to
acquire a permanent access and environmental clean-up easement from
Richard P. Rider.
Supervisor Nickens moved to approve the first reading and
set the second reading for November 16, 1993. The motion carried by
the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
Supervisor Eddy requested that maps be made available for
the Board's review before the second reading.
IN RE:
SECOND READING OF ORDINANCES
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October 26, 1993
Or Dance Declar1no the Pinkard Court Recreation center
as SUrDlus Prooerty and Authorizino Donation of the
Facility to Total Action Aoainst Poverty. (Terry
Harrinoton. Plannino & Zonino Director)
Supervisor Johnson and Supervisor Eddy expressed their
concern that the reversionary clause previously requested was not part
of the ordinance. Supervisor Eddy requested that an official letter
of commitment be obtained from TAP.
Supervisor Eddy moved to postpone action until November 16,
1993, for staff to make the ordinance more binding and get a
commitment from TAP. There was no vote.
After further discussion, it was the consensus of the
to postpone action until November 16, 1993.
h
Board
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h ordinance Governino the Procedures and standards for
the Reaulation of Cable Television Rates Pursuant to
the Rules of the Federal Communications Commission and
the Cable Television Consumer Protection and
Comoetition Act of 1992. (Joseoh Obenshain. Sr.
Assistant County Attorney)
0-102693-4
There was no discussion. Supervisor Nickens moved to adopt
the ordinance. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Eddy, Nickens, Minnix
NAYS: Supervisor Kohinke
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October 26, 1993
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ORD:I:NAliCE 102693-4 GOVERNING THE PROCEDURES AND
STANDARDS FOR THE REGULATION OF CABLE TELEVISION
RATES PURSUANT TO THE RULES OF THE FEDERAL
COMMUNICATIONS COMMISSION AND THE CABLE TELEVISION
CONSUMER PROTECTION AND COMPETITION ACT OF 1992
WHEREAS, on the 22nd day of May, 1979, the County of
Roanoke, Virginia ("County") passed and adopted Ordinance No. 2308
granting to Salem Cable TV ("Grantee") the nonexclusive right to
construct, own, and operate a cable television system in the County;
and
WHEREAS, on the 23rd day of April, 1991, the County of
Roanoke, Virginia ("County") passed and adopted Ordinance No. 42391-15
granting to Cox Cable Roanoke, Inc. ("Grantee") the nonexclusive right
to construct, own, and operate a cable television system in the
County; and
WHEREAS, the Cable Television Consumer Protection and
Competition Act of 1992 ("1992 Cable Act") was enacted on October 5,
1992, and became effective on December 4, 1992.
The 1992 Cable Act
amends the Cable Communications Policy Act of 1984 and, in particular,
Section 623 (47 U.S.C. 543) governing the regulation of rates charged
by cable television operators; and
WHEREAS, on April 1, 1993, the Federal Communications
Commission ("FCC") adopted rate regulations pursuant to the 1992 Cable
Act. These FCC rate regulations were released May 3, 1993, and became
effective September 1, 1993; and
WHEREAS, pursuant to 47 C. F . R. Part 76 . 900 , Subpart N,
Section 76.910, on the 8th day of October, 1993, the County submitted
FCC Form 328--Certification for Local Franchising Authorities--to the
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October 26, 1993
FCC via Registered Mail, Return Receipt Requested.
Pursuant
toÞ
Section 76.910, the date on the return receipt, October 12, 1993, is
to be considered the date filed.
A copy of FCC Form 328 was also
served on Grantee on October 8, 1993, the same day it was submitted to
the FCC; and
WHEREAS,
pursuant
to
Section
76.910,
the
County's
certification becomes effective 30 days after the date filed; and
WHEREAS, in adopting this ordinance, the County revie\...ed
applicable FCC regulations governing the basic service tier and
provided a reasonable opportunity for consideration of the views of
interested parties.
WHEREAS, the first reading of this ordinance was heldl
on October 12, 1993; and the second reading was held on October 26,
1993.
NOW, THEREFORE, BE IT ORDAINED, by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That this Ordinance will govern the procedures to be
undertaken by the County for the regulation of Grantee's Cable
television rates pursuant to the 1992 Cable Act and the regulations of
the FCC as follows:
Section 1.
Full Requlatorv Power Reserved. All rates and charges
for basic cable service and any other cable programming
services, as defined by the 1992 Cable Act and
applicable FCC regulations, shall, to the extent
permissible, be subjeot to regulation by the County inl
a manner provided by this Ordinance. This Ordinance
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Section 2.
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October 26, 1993
"26
e televlsl0n system operators in
the County. The Grantees and/or any other operator of
a cable television system operating in the County shall
be subject to the rate regulation provisions provided
for herein, and those óf the FCC at 47 C.F.R., Part
76.900, Subpart N. The County reserves the right to
amend tqis Ordinance from time to time consistent with
the requirements of the FCC, and state and federal law.
Procedures for Implementinq Reaulation of Basic Cable
Service.
A.
The County hereby adopts and shall follow the
rules relating to cable rate regulation
promulgated by the FCC at 47 C.F.R., Part 76.900,
Subpart N.
Upon adoption of this Ordinance, a County
representative will send to each Grantee and each
operator of a cable television system in the
County, via Certified Mail, Return Receipt
Requested, a written notice, which shall include a
copy of this Ordinance and the completed FCC Form
328.
Within thirty (30) days after receipt of the
notice referenced in Section 3. B., each Grantee
and any other cable television operator shall
respond wi th rate and benchmark information
utilizing FCC Form 393--Determination of Maximum
B.
C.
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October 26, 1993
Initial
permi tted Rates
for Regulated
cableÞ
S~rvices and Actual Cost of Equipment.
1. If the initial rates and/or any subsequent
rate increases are within the FCC standards,
the rates will be effective thirty (30) days
after submission.
2. If the County is unable to determine whether
the rate in iS~le is within the FCC's
standards, based on the material before it,
or if the Grantee or any other cable
operator has submitted a cost-of-service
showing seeking to justify a
rate above the
the County mayl
time to make a
FCC's reasonable rate level,
take an additional period of
final determination and toll the effective
date
of
the
proposed
rates
for
a
commensurate period.
a. The County may take an additional 90
days if it needs more time to ensure
that a rate is within the FCC's rate
standards.
b. The County may take an additional 150
days to evaluate a cost-of-service
showing seeking to justify a rate above
the reasonable rate level. I
The County must issue a brief written
c.
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october 26, 1993
728
D.
eClsl0n regardlng lts invocation of the
additional time period.
3. If no action is taken within the above
referenced time periods, the proposed rates
will go into effect, subject to subsequent
refund orders if the County later issues a
decision disapproving any portion of the
proposed rates.
4. In all cases, the County will issue a
written decision to approve the rate
schedule, disapprove the rate schedule or
continue for review.
5. If rates are in excess of the FCC's
standards, the rates may be reduced by the
County pursuant to applicable FCC
regulations.
After the initial rate schedule procedures are
followed, as described in this section, each
Grantee and/or any other cable operator shall, in
conjunction with each change in the rates and
charges applicable to basic cable service, conform
to the standards of the FCC. Before any rate
change is effective, each Grantee and/or any other
cable operator shall notify the County of its
requested rate change by giving the County thirty
(30) days advance written notice before the change
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Section 3.
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October 26, 1993
is effective and by providing the County with itsÞ
rates and applicable information pursuant to FCC
regulations.
E. To the extent specifically permitted by federal
law and applicable FCC rules, each Grantee and/or
any other cable operator shall be permi tted to
appeal to the FCC for a review of the decision of
the County.
Consultant and Costs.
A. The County may utilize a rate consultant to advise
it on proposed rate changes and to assist it in
the procedures and
the standards for review1
A rate consultant may be any
adopted by the FCC.
person
who
and
sufficient
has
background
experience, in the sole opinion of the County, to
properly evaluate and analyze rates and charges.
B. All costs for the review of initial rates or rate
changes shall be paid by the cable operator upon
demand
of the
County,
unless
contrary to
applicable rules of the FCC governing these
procedures
unless
otherwise
specifically
or
preempted by state or federal law.
The costs
shall include, but not be limited to, rate
consul tants, attorney's fees and the reasonable
value of services (as determined by the County) I
rendered by the County or any County employees,
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October 26, 1993
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agen s or representatlves of the County.
Section 4. Application of the Requirements in this Ordinance.
The requirements described in this Ordinance are
applicable to each Grantee and all operators of cable
television systems within the County subject to rate
regulation according to the 1992 Cable Act and
applicable FCC rules.
2. That this Ordinance shall be in full force and effect
from and after its adoption.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Eddy, Nickens, Minnix
I NAYS: Supervisor Kohinke
1
~ Ordinance Authorizino the conveyance of a Riqht-of-Way
and Easement on Fort Lewis Mountain to David Shelor.
(Joseoh Obenshain. Sr. Assistant County Attorney)
CONTINUED TO NOVEMBER 16. 1993
Mr. Mahoney requested a continuance of the ordinance until
November 16,' 1993. It was the consensus of the Board to continue
this item.
IN RE: CONSENT AGENDA
R-102693-S
Supervisor Johnson moved to adopt the Consent Agenda.
motion carried by the following recorded vote:
The
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October 26, 1993
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 102693-5 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON TJJE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE /DESIGNATED AS
ITEM K - 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 October 26, 1993 designated as Item
K - Consent
Agenda be, and hereby is, approved and concurred in as to each item
separately set forth in said section designated Items 1 through 6,
inclusive, as follows:
1. Approval of Minutes
September 28, 1993.
for September 14,
1993,
anI
2. Donation of Sanitary Sewer and Water Line Easements in
Connection with the Robert J. Miller Sewer Line
Extension Project.
3. Confirmation of Committee Appointment to the Planning
Commission.
4. Request to Officially Name Bonsack Park.
5. Resolution Declaring the Intent to Reimburse the County
from Proceeds of the 1993 Virginia Public School
Authority Bond Sale.
6.
Request for Designation
Virginia Association of
November 9, 1993.
of Voting
Counties'
Delegate to the
Business Meeting,
2. That the Clerk to the Board is hereby authorized and
directed where required by law to set forth upon any of said items thl
separate vote tabulation for any such item pursuant to this
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reSO.lutl0n.
On motion of Supervisor Johnson to adopt the Consent
Resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 102693-5.d OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
ROANOKE, VIRGINIA DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE
PROCEEDS OF A FINANCING FOR SCHOOL PROJECTS
The Board of Supervisors of the County of Roanoke, Virginia
("County") and the County School Board have determined that it is
necessary or desirable to advance money to pay the costs of acquiring,
constructing and equipping certain capital projects for public school
purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
1. The Board of Supervisors adopts this declaration of
official intent under Treasury Regulations Section 1.150-2.
2. The Board of Supervisors
reimburse advances made or to be made by
School Board to pay the costs of acquiring,
the Project from the proceeds of its debt
maximum amount of debt or other financing
the Project is $2,310,000.
reasonably expects to
the County or the County
constructing and equipping
or other financings. The
expected to be issued for
adoption.
3. This resolution shall take effect immediately upon its
ADOPTED this 26th day of October, 1993.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
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October 26, 1993
Mr.Þ
Supervisor Eddv: (1) He requested that the Chairman or
Hodge ask for Roanoke City's position on the recommendation of the
Roanoke Regional Chamber of Commerce for adding an additional business
representatives to the Regional Airport Commission. (2) He advised
that the recently appointed member to Virginia Western Community
College Board donated $1,000 to his election opponent's campaign.
IN RE:
REPORTS
Supervisor Johnson moved to receive and file the following
reports after discussion of Item 6. The motion carried by a unanimous
voice vote.
h General Fund Unaoorooriated Balance
h Caoital Fund Unaoorooriated Balance
~ Board contingency Fund
~ Payment of Taxes bY credit Card
~ Proclamations Sioned bY the Chairman.
~ Reoort on 1991 Water pro;ect
Supervisor Eddy asked for an update on whether the Health
Department had approved the Water Treatment Plant. Mr. Hodge will get
this information.
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~" Reoort on Bond Pro;ects
~ Reoort on Roanoke Valley Resource Authority Solid
Waste Facilities.
IN RE:
WORK SESSION (2:30 P.M.)
h Northside Fieldhouse.
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lons were made by representatives of the North
Roanoke Recreation Club regarding the Northside area as follows: (1)
education teaching needs by Rosanne Myers; (2) additional space for
recreational program by Howard Bullen; and (3) larger competition
facility by Charles Briscoe. Mr. Briscoe presented the Board with a
Northside Education/Athletic Complex Overview booklet.
Petitions containing approximately 500 signatures requesting
that a new fieldhouse/athletic facility for the Northside area be
included in the County's School Capital Improvement Program were
presented to the Board.
Mr. Hodge advised that he will bring back a report to the
Board after January 1st with additional information and possible
II funding for the project.
Supervisor Nickens suggested (1) that the Parks & Recreation
Department designate a person to determine economic development
efforts; and (2) that the facility could be part of the Parks &
Recreation Department with the priority for use given to the Northside
area.
During the discussion of alternatives for additional space
for recreational programs, Supervisor Johnson advised that he would
not support spending funds to upgrade the Roanoke County Occupational
School gymnasium when the School Administration moves to that
facility.
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Supervisor Eddy suggested that it might be helpful to tour
the other gymnasiums in the County when developing this project.
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October 26, 1993
IN RE:
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RECESS (3:30 P.M.)
h Groundbreakino ceremonies for the Western viroinia
Forensics Science Laboratory and Office of the Chief
Medical Examiner
Chairman Minnix declared a recess at 3:30 p.m. for the Board
Members to attend the groundbreaking ceremonies. Governor wilder will
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be present and take part in the program.
IN RE:
RECONVENEMENT
Chairman Minnix reconvened the meeting at 7:00 p.m. with all
members present.
IN RE:
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PUBLIC HEARING AND SECOND READING OF ORDINANCES
h Ordinance to Rezone .886 Acre From C-l to R-3 to
Construct Mul ti-famil Y Dwel1ino Uni ts Located on
Starkey
AooroximatelY
Road
Feet
150
South
of
Intersection with Woods Crossino Drive. Cave Sorino
Maoisterial District. UDon the Petition of Hobart
FamilY Trust. (Terry Harrinoton. Director of Plannino ,
Zonino)
0-102693-6
Mr. Harrington advised that this is a request from the
Hobart Family Trust to construct two-family dwellings adjacent to 5604
starkey Road. He advised that the Hobart Family Trust
has proffered
approval Withl
two condit.ions and the· Planning Commission recommended
the proffered conditions.
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October 26, 1993
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Kenneth MCNel.l, ~b1~ StarKey Road, advlsed that a culvert on
the property has been covered due to construction that has already
started. This is causing drainage problems.
Ed Natt, Attorney for the Hobart Family Trust, advised that
they are aware of the problem and assured the Board that the pipe
would be cleaned out. He will contact Mr. Hobart within seven days.
Mr. Hodge recommended approval of the ordinance so that the staff
could start the administrative process.
Supervisor Johnson moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 102693-6 TO CHANGE THE ZONING
CLASSIFICATION OF A .886 ACRE TRACT OF REAL ESTATE
LOCATED ON STARKEY ROAD APPROXIMATELY 150 FEET
SOUTH OF INTERSECTION WITH WOODS CROSSING DRIVE
(TAX MAP NO. 87.19-3-34) IN THE CAVE SPRING
MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF C-1 TO THE ZONING CLASSIFICATION
OF R-3 WITH CONDITIONS UPON THE APPLICATION OF
HOBART FAMILY TRUST
WHEREAS, the first reading of this ordinance was held on
September 28, 1993, and the second reading and public hearing was held
October 26, 1993; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on October 7, 1993; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
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October 26, 1993
County, Virginia, as follows:
þ
1. That the zoning classification of a certain tract of
real estate containing .886 acre, as described herein, and located on
,
starkey Road approximately 150 feet south of' its intersection with
Woods Crossing Drive, (Tax Map Number 87.19-3-34) in the Cave Spring
Magisterial District, is hereby changed from the zoning classification
of C-1, Office District, to the zoning classification of R-3, Medium
Density MUlti-Family Residential District to construct multi-family
dwelling units.
2. That this action is taken upon the application of the
Hobart Family Trust.
3. That the owner has voluntarily proffered in writing the
following conditions which the Board of Supervisors hereby accepts: II
(1) The number of driveway entrances from the property
to starkey Road will be limited to not more than
two and established at such location as may be
approved by VDOT.
(2) The trees wi thin four ( 4 ) feet of the property
line on the northerly side of the property will
not be disturbed by development of the project.
4. That said real estate is more fully described as
follows:
BEGINNING at a point at the southwest corner of the
property of Warren S. Trail (Deed Book 1180, page 699)
said point being on the easterly right-of-way of
starkey Road (Virginia Route 904); thence S. 65° 55'1
00" E. 149.22 feet; thence S. 24 ° 05' 00" W. 257.00
feet; thence N. 65° 55' 00" W. 150.00 feet; thence N.
23° 03' 30" E. 52.04 feet; thence N. 24° 29' 30" E.
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N. 27° 21' 14" E. 4.97 feet to the
place
5. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts of
ordinances in conflict with the provisions of this ordinance be, and
the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning
classification authorized by this ordinance.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the followi~g recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
h
Ordinance Authorizino a Soecial Use Permit to Construct
an Accessory Aoartment Located at 1845 Mountain view
Road. vinton Maoisterial District. Uoon the Petition of
Douolas , DorothY Forbes. (Terry Harrinoton. Director
of P1annino , Zoninq)
0-102693-7
Mr. Harrington advised that this is a request from Douglas
and Dorothy Forbes for a special use permit to add an accessory
apartment onto their residence at 1845 Mountain View Road. Mr.
Harrington advised that the Planning Commission recommended approval.
There was no discussion. Supervisor Nickens moved to adopt
the ordinance. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
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October 26, 1993
NAYS:
None
þ
ORDINANCE 102693-7 GRANTING A SPECIAL USE PERMIT
TO DOUGLAS C. AND DOROTHY S. FORBES TO CONSTRUCT
AN ACCESSORY APARTMENT LOCATED AT 1845 MOUNTAIN
VIEW ROAD ON A PORTION OF A 3. 312-ACRE PARCEL OF
REAL ESTATE (TAX MAP NO. 61.01-1-2.2), VINTON
MAGISTERIAL DISTRICT
WHEREAS, Douqlas C. and Dorothy S. Forbes have filed a
petition to construct an accessory apartment located at 1845 Mountain
View Road on a portion of a 3.312-acre parcel of real estate (Tax Map
No. 61.01-1-2.2) in the vinton Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on
this matter on October 7, 1993; and
WHEREAS, the Board of Supervisors of Roanoke county'l
Virginia, held a first reading on this matter on September 28, 1993;
the second reading and public hearing on this matter was held on
October 26, 1993.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a special use
permit to construct an accessory apartment located at 1845 Mountain
View Road on a portion of a 3.312-acre parcel of real estate (Tax Map
No. 61.01-1-2.2) in the Vinton Magisterial District is substantially
in accord with the adopted 1985 Comprehensive Plan pursuant to the
provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended.
2. That the Board hereby grants a special Use Permit tel
Douglas C. and Dorothy S. Forbes to construct an accessory apartment
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"'II1II
October 26, 1993
740
1845 Mountaln View Road on a portion of a 3.312-acre parcel
of real estate (Tax Map No. 61. 01-1-2.2) in the Vinton Magisterial
District.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
~
Ordinance to Rezone 0.6504 Acre from C-2 Conditional to
o 2 cP:i/:::m, Unconditional to Construct an Automobile
Parts Retail store Located at 3505 Brambleton Avenue.
windsor Hills Maoisterial District. Uoon the Petition
of FloYd T. Critcher. (Terry Harrington. Director of
Plannino & Zonino)
I
0-102693-8
Mr. Harrington advised that this is a request from Floyd T.
Critcher to rezone property on Brambleton Avenue from C-2 conditional
to C-2 uncondi tional to construct an automobile retail store. He
advised that the Planning Commission recommended denial of the
request.
I
The following citizens spoke in opposition to granting the
rezoning request: (1) Ray Cooper, 3234 Oakdale Road; (2) Dr. Willis
P. Lanier, Jr., 3611 Brambleton Avenue; (3) Barbara S. Green,
representing the Berwick Heights Neighborhood Association and
presenting petitions, 3234 Oakdale Road; (4) Evelyn S. Gunter, 3700
Pinevale Road; (5) steven T. Smith, 3223 Lawndale Road; (6) J. Weldon
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141
October 26, 1993
3768 Tomley Drive: (8) JOhnÞ
Myers, 3516 Pinevale Road; (7) Hank Sloan,
c. Newton, 3268 Hastings Road; (9) John A. Morra, 3710 Tomley Drive;
and (10) Keith Rastorfer, 3114 Medallion Circle.
Mr. Harrington advised Supervisor Eddy that if this property
were rezoned to C-1, the use would be for an office district with no
retail sales. If this petition is denied and the property remains C-2
condi tional , the only use for the property would be for the retail
sale and display of home interior decorations and accessorip.s.
In response to Supervisor Johnson's inquiry, Mr. critcher
advised that he would prefer the property to be rezoned to C-1, Office
District, at this time rather than leaving the C-2 conditional zoning.
Supervisor Eddy moved (1) to concur with
the
Planningl
to change
Commission recommendation to deny rezoning to C-2; and
(2)
the zoning to C-1 unconditional. The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 102693-8 TO CHANGE THE ZONING
CLASSIFICATION OF A 0.6504 ACRE TRACT OF REAL
ESTATE LOCATED AT 3505 BRAMBLETON AVENUE (A
PORTION OF TAX MAP NO. 77.09-4-36) IN THE WINDSOR
HILLS MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF C-2, CONDITIONAL, TO THE ZONING
CLASSIFICATION OF ~ C-1, UNCONDITIONAL, UPON THE
APPLICATION OF FLOYD T. CRITCHER
WHEREAS, the first reading of this ordinance was held on
September 28, 1993, and the second reading and public hearing was
held
I
October 26, 1993; and,
WHEREAS, the Roanoke County Planning Commission held a
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October 26, 1993
742
earlng on thls matter on October 7, 1993; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning classification of a certain tract of
real estate containing 0.6504 acre, as described herein, and located
at 3505 Brambleton Avenue, (a portion of Tax Map Number 77.09-4-36} in
the Cave Spring Magisterial District, is hereby changed from the
zoning classification of C-2,
Conditional,
General Commercial
District, to the zoning classification of ~ C-1, Unconditional,
Ceneral Commercial Diatrict, Office District, to conatruct Qft
II aatomsbile parte retail stereo
2. That this action is taken upon the application of Floyd
T. critcher.
3. That said real estate is more fully described as
follows:
BEGINNING at a point on the northerly right-of-way line
of Brambleton Avenue, said point being the most
westerly end of the cut-back line between the westerly
right-of-way line of Pinevale Road and the northerly
right-of-way line of Brambleton Avenue; thence S. 60°
25' 00" w. a distance of 151.13 feet to a point; thence
N. 28° 24' 20" W. a distance of 163.77 feet to a point;
thence N. 60° 25' 00" E. a distance of 173.50 feet to a
point, said point being on the westerly right-of-way
line of Pinevale Road; thence S. 29° 25' 20" E. a
distance of 138.62 feet to a point; thence S. 15° 41'
00" W. a distance of 35.68 feet to the Point of
Beginning.
I
4. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or' parts of
~
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.143
october 26, 1993
f th· d· b dÞ
o lS or lnance e, an
ordinances in conflict with the provisions
the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning
classification authorized by this ordinance.
On motion of Supervisor Eddy to concur with the Planning
Commission to deny the rezoning to C-2, and to rezone the property to
C-1 Unconditional, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohi~ke, Eddy, Nickens, Minnix
NAYS:
None
L..
Ordinance to Amend Conditions on 2.066 Acres tOI
construct a Hotel/Restaurant Located AooroximatelY 200
Feet North of Like street and Walrond Drive. Hollins
Maoisterial District. UDon the Petition of Richard W.
Sloan.
(Terry Harrinoton. Director of Plannino ,
Zonino)
0-102693-9
Mr. Harrington advised that this is a request from Richard
w. Sloan to repeal all the proffered conditions except one to
construct a hotel/restaurant on the west side of Plantation Road. The
one condition being retained is that no entrances onto Carvin Street
will be permitted.
He advised that the Planning commission
recommended approval.
D. Jeffrey Parkhill, from Hughes Associates Architects,
andl
representing Virginia Hospitality, Inc., described the development and
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october 26, 1993
74'4 .~
alSp.layea plctures of the proJect.
Doug Murray, property owner on Carvin street, suggested that
when the back portion of the project is being developed, the County
should consider bringing sewer service to the area.
Supervisor Johnson moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
Supervisor Johnson requested that Mr. Hodge work with the
developer, utility department, and citizens to solve the sewage
problems in the area when the back portion of the property is
developed and sewer lines extended.
ORDINANCE 102693-9 AMENDING PROFFERED CONDITIONS ON THE
REZONING OF A 2.066-ACRE TRACT OF REAL ESTATE (PART OF TAX
MAP NO. 27.06-4-6) LOCATED APPROXIMATELY 200 FEET NORTH OF
CARVIN STREET AND WALROND DRIVE IN THE HOLLINS MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATION OF C-2, CONDITIONAL,
TO THE ZONING CLASSIFICATION OF C-2, CONDITIONAL (MODIFICA-
TION TO PROFFERED CONDITIONS) UPON THE APPLICATION OF
RICHARD W. SLOAN
WHEREAS, this property was rezoned to C-2, Conditional,
General Commercial District, with proffered conditions in 1984; and
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on October 7, 1993; and
WHEREAS, the first reading of this ordinance was held on
September 28, 1993; and the second reading and public hearing were
held on October 26, 1993; and
WHEREAS, legal notice and advertisement has been provided as
required by law.
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Y45
October 26, 1993
BE
IT ORDAINED by the Board of
Supervisors
of
RoanokeÞ
County, Virginia, as follows:
1. That the zoning classification of a certain tract of
real estate containing 2.066 acres, as described herein, and located
approximately 200 feet north of Carvin street and Walrond Drive in the
Hollins Magisterial District is hereby changed from the zoning
classification of C-2, Conditional with proffered conditions, to the
zoning classification of C-2, Conditional with amended proffered
conditions, to construct a hotel/restaurant.
2. That this action is taken upon the application of
Richard W. Sloan.
3. That the owners voluntarily proffered
following
amendments to the conditions approved by
in writing thel
the Board of
Supervisors in 1984, which the Board of Supervisors hereby amends as
follows:
(1) There shall be no street entrances from the
property onto Carvin street except as required by
state or local go~ernmental ordinances and codee.
~ There shall be no more than five (5) suileling
entrances or doore facing adjoining property that
ie Boned for eingle family reeidential use except
ae required sy state or local governmental ordi
nancee and codee or ae reaeonably required to
provide acceee for inetallation or maintcnancc of
equipment, fixturee and eimilar iteme.
+3+ There viII se no windows from motel rooms or
rental unite facing adj oining property that ie
Boned for eingle family reeidential uee.
-f4t A lanàecaped suffer Bone 'ilÌll be establieaed and
;:::~:::~~e::~ ~£~~1?ri~1:~~:;::;Y 8::1
limiteà to Draft 7, Scrcening anel Buffering
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October 26, 1993
']46
~
rroVìoìono, Zonin~ Tex~ Amendment.
-t5t
D(Y..'elopmeR~
cr~y \/ill
I'rel iminar}'
CrelJory and
I'e~i~ion.
of a motel and reo~aurant on ~àe pro~
ÐC in CJeneral acoord 1j,,'i ~à ~he
E:i~c I'lan preparcd by Rioàard H.
Aooocia~eG and filed ,d~h the rezoninlJ
f6t The namSer of Ble~el reeBlB er uni~ß will ne~ exeecd
one hunàrcà ORe (101).
-f7+ The proper~y will not 130 uoed for the following
pUZ'poGeo \.ThieR are otherwioe allowed in tàe B 2,
BuoincBo DiGtriet:
(a) lIome applianoe ßaleß and BCrv-iOCß1
I
(è) Coin operated laundrieo and coin operated
dry cleaniRCJ eßtaÐliohmen~ß1
(c) New car dcalerohipo with related faoili~ieG1
(d) I'\1Ðlic billiard parlors and poolroomß,
bowlinljJ allcyo, . d?nce hallo, golf driving
ranlJcs and olmllar forma of public
~UMlBcment ;
l1l Development of the propertv shall be in
substantial conformity with the conceot plan
prepared bv Huqhes Associates Architects dated
August 20. 1993. except for minor variations as
mav be required durino the site plan review and
approval bY Roanoke County.
.ill The maximum buildina heiaht shall not exceed the
lessor of two stories or 45 feet.
I
l!l Tvpe D-2 screeninq and bufferinq shall be as shown
on the above proffered concept plan. except at the
dumpster location where 'Tvpe D-1 provisions will
be used. J Berms shall be utilized within the
screeninq area to enhance and compliment the
plantinqs. Berms shall be sculpted to various
heiqhts with an averaqe heiqht of four feet and no
height less than two feet. The averaqe shall be
based on the total linear distance of the berm
usinq the elevation of the Carvin street property
line as the reference elevation. The berm and the
screeninq and buffering Drovided alonq Carvin
street will be installed in conjunction with the
development of the hotel. shown on the conceot
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147
October 26, 1993
plan.
þ
follows:
4. That said real estate is more fully described as
BEGINNING at an iron pin on the westerly side of
Plantation Road (Va. Sec. Rt. 115) corner to property
of Edgar A. Cuddy, Jr., et ux. (formerly Hollins
Investors, Inc.); thence with the line of Plantation
Road, S. 19° 00' E. 35.93 feet to an iron pin set;
thence still with the line of Plantation Road, S. 71°
00' W. 10.00 feet to an iron pin set; thence still with
the same, S. 19° 00' E. 130.84 feet to an iron pin;
thence leaving Plantation Road and with the property of
Atkisson Enterprises Limited, S. 61° 22' 20" W. 198.73
feet to an iron pin set, corner to Lot 10, section 1,
Walrond Court; thence with the common line of Lots 1
and 2 and of Lot 10, S. 19° 00' E. 100.00 feet to an
iron pin set, corner to Lot 9; thence with the line of
Lot 9, S. 71° 00' W. 300.00 feet to an iron pin set on
the easterly side of Carvin Street; thence with the
same; N. 19° 00' W. 300.00 feet to an old pipe, corner
to Lot 13; thence with the line of Lots 13 and 7, N.
71° 00' E., passing the southeasterly corner of Lot 131
at 300 feet, in al 505.93 feet to the Place of
Beginning and being part of Lots 2 through 6 and all of
Lots 10 through 12, Section 1, Walrond Court, as shown
by plat prepared by James F. MacTire, CPE, dated July
18, 1945, of record in the Clerk's Office of the
Circuit Court of Roanoke County, Virginia, in Plat Book
2, page 178.
5. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts of
ordinances in conflict with the provisions of this ordinance be, and
the same hereby are, repealed.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
h
Ordinance to Rezone 1.22 Acres From C-2
to R-1 tol
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October 26, 1993
"748
ExoaD or Ren1ace an Existino House. Located at 5374
West Main Street. Catawba Maoisterial District. Upon
the Petition of the Roanoke County Plannino Commission.
(Terry Harrinqton. Director of P1annino , Zonino)
0-102693-10
Mr. Harrington advised that this is a request from the
Planning Commission to rezone the property at 5374 West Main street.
The owners want to expand or replace the existing house, and this
rezoning will reflect the existing use of the property.
Supervisor Kohinke moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 102693-10 TO CHANGE THE ZONING
CLASSIFICATION OF A 1.22 ACRE TRACT OF REAL ESTATE
LOCATED AT 5374 MAIN STREET (TAX MAP NO. 64.01-3-
26) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE
ZONING CLASSIFICATION OF C-2 TO THE ZONING
CLASSIFICATION OF R-1 UPON THE APPLICATION OF THE
ROANOKE COUNTY PLANNING COMMISSION
WHEREAS, the first reading of this ordinance was held on
September 28, 1993, and the second reading and public hearing was held
October 26, 1993; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on October 7, 1993; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
~
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r7;4 9 October 26, 1993
County, Virginia, as follows:
þ
1. That the zoning classification of a certain tract of
real estate containing 1.22 acre, as described herein, and located at
5374 Main street,
(Tax Map Number 64.01-3-26) in the Catawba
Magisterial District, is hereby changed from the zoning classification
of C-2, General Commercial District, to the zoning classification of
R-1, Low Density Residential District in order to expand or replace an
existing house located at 5374 W. Main street.
2. That this action is taken upon the application of the
Roanoke County Planning Commission.
3. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts ofl
ordinances in conflict with the provisions of this ordinance be, and
the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning
classification authorized by this ordinance.
On motion of Supervisor Kohinke to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
IN RE:
CITIZEN COMMENTS AND COMMUNICATIONS
Bob Peckman. 8131 Webster Drive. inquired about the recent
excavation and re-filling of the area at Walrond Park. supervisorl
Johnson responded that in preparation for building ball fields, a
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October 26, 1993
·750
owed to take dirt if he would level the proposed
area. Mr. Chambliss advised that the contractor encountered rock.
IN RE:
EXECUTIVE SESSION
At 8:30 p.m., Supervisor Minnix moved to go into Executive
Session pursuant to the Code of Virginia Section 2.1-344 A (5) To
discuss the location of a perspective business or industry, and (7)
for consultation with legal counsel to discuss the actual or pot~ntial
litigation with Charles Cooper.
The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R··102693-11
At 9:18 p.m., Supervisor Nickens moved to adopt the
Certification Resolution.
The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 102693-11 CERTIFYING EXECUTIVE MEETING WAS HELD
IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke Cmmt.y Ii
Virginia has convened an executive meeting on this date pursuant tQ an
affirmative recorded vote and in accordance with the provisions ç~f: 'J.¡h~J
Virginia Freedom of Information Act; and
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Y~'1
October 26, 1993
WHEREAS, Section 2.1-344.1 of the Code of Virginia require~
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
-,
considered by the Board of Supervisors of Roanoke County, Virginia.
01
On motion of Supervisor Nickens to adopt the Certification
Resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
IN RE:
ADJOURNMENT
At 9;20 p.m., Supervisor Johnson moved to adjourn. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
t.
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