HomeMy WebLinkAbout4/28/1992 - Regular
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April 28, 1992
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
April 28, 1992
The Board of Supervisors of Roanoke . County, Virginia, met
this day at the Roanoke County Administration Center, this being the
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fourth Tuesday, and the second regularly scheduled meeting of the
month of April, 1992.
IN RE:
CALL TO ORDER
Chairman Eddy called the meeting to order at 3:05 p.m. The
roll call was taken.
MEMBERS PRESENT:
Chairman Lee B. Eddy, Vice Chairman Edward G.
KOhinke, Sr., Supervisors Bob L. Johnson, H. Odell
"Fuzzy" Minnix, Harry C. Nickens (Arrived at 3:20
p.m. )
MEMBERS ABSENT:
None
STAPP PRESBB'l"::
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Elmer. C. Hodge,· County Administratòr,;t~··'·Paul M.
Mahoney, County Attorney; Brenda J. Holton, Clerk;
John M. Chambliss, Assistant County Administrator;
Don M. Myers, Assistant county Administrator;
Anne Marie Green, Information Officer
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April 28, 1992
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IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Kevin B. Meadows,
vinton Baptist Church.
The Pledge of Allegiance was recited by all
present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OP AGENDA
ITEMS
Chairman Eddy requested that two items be added' to the
Executive Session:
(1) possible selection of outside counsel and (2)
concerning ITT reimbursement.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
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h Introduction', of Library Director . SDencer Watts.
Mr. Hodge introduced Spencer Watts, who was recently hired
as Director for the Roanoke county Libraries.
IN RE:
NEW BUSINESS
h
ReQUest to Amend the Street Liqht
A-42892-1
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Arnold Covey, Director of Engin~ering & Inspections,
,
presented the" staff report. There' were four members of' the" street
Light Subcommittee present.
Mr. Covey advised that the StreetLight Subco_ittee wal
established in November, 1991, and has met several times over theþast
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April 28, 1992
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six months.
On April 1, 1992, the subcommittee's recommendation were
to' the civic league president and received unanimous
presented
support.
Mr. Covey outlined the seven recommendations which include:
(I) Allowing the requestor to be present during evaluations. (2)
Allowing citizens to request evaluations be done at night. (3)
Requiring police department to research crime rates and accident
reports for three years when completing the evaluation form. (4)
Additional emphasis be placed on vertical curves, making them the
third most important factor. (5) Establish an appeals process for
street lights failing to achieve a score of 70 points but greater than
55 points. (6) Establish recommendations and guidelines to utilize
I the cost participation ordinance. (7) Enact provisions for future
installation of street lights in subdivision.
John Huffman, member of the street Light Subcommittee,
requested that security be considered as a factor in the future
although he realized the cost would be higher.
Mr. Covey advised that as the demand for street lights
increases, there will be a priority list for implementation of lights
scoring above 70 points.
Mr. Covey requested that the Board adopt the seven
recommendations with an increase in the 1992-93 budget of $10,000
which would include $9,000 for new construction and $1,000 for
electricity, and with the understanding that the proposed changes need
I to be reviewed after the one year period.
Supervisor Johnson moved to approve the staff
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April 28, 1992
recommendations
and
increase the fiscal
year
1992-93
budget
b~
$10,000. The motion carried by the fOllowing recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens
NAYS: Supervisor Eddy
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Consideration
of
proiects
for
1992-93
Virainia
Deoartment of Transoortation Revenue Sharinq Proaram.
A-42892-2
Mr. Covey reported that staff and VDOT have prepared a
priority list of 57 proposed projects representing $1 million of
construction costs to be constructed with revenue sharing funds.
Each participating locality is limited to $500,000 and this amounl
will be reduced if more than 20 counties participate.
Staff has also included two projects requested by citizens
in the event Roanoke County or other counties do not use their
allocation.
The property owners have agreed to pay either half or
over half of the cost to make the improvements.
Mr. Covey requested that the priority list be approved and
submitted to VDOT for participation in the Revenue Sharing Program,
and defer any appropriation until later into fiscal year 1992-93.
Supervisor
Nickens
moved
to
approve
the
staff
recommendation. There was no vote.
(Starkey
to VDOT.
Supervisor Eddy requested that staff determine if Item 30
Road) had already been completed before submitting the list
He also asked that the draft letter to VDOT be revised t~
make the participation of the County conditional.
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April 28, 1992
2'25
Supervisor Nickens made, an amended motion to approve the
project list, deferring the appropriations and clarifying the status
of item 30 (Starkey Road). The motion carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
None
~ Authorization to Construct Water Transmission Line from
Starkey to Cotton Hill.
A-42892-3
Cliff Craig, Director, Roanoke County utility, advised that
a local developer is in the initial planning stages for a project on
an 80 acre tract of land located between Cotton Hill Road and Merriman
Road. The· proposed development can be provided with public sewer
service by construction of a gravity sewer from the development to the
Starkey Sewer Pump Station; however, no action relative to the sewer
is required at this time.
Mr. Craig reported that the development can be provided with
public water service by construction of a water line from the
development to the Starkey Water System on Merriman Road. Mr. Cliff
explained that the proposed County South Water Transmission line will
be installed in the same location as the water line and requires 2,000
feet of easement across the proposed development. His opinion was
that the transmission line should be constructed by the County rather
than have the developer extend a smaller water line which would be
paralleled later by the transmission line.
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April 28, 1992
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Mr. craig advised that the cost of the constructing
line is approximately $680,000, and funds are available in the 1991
Water proj ect Fund for Transmission Lines. This construction would
save the County $221,000 in an off-site facility credit for the
developer's construction of an eight inch water line.
Supervisor Johnson inquired about the repayment schedule and
pointed out that the line would be constructed only if the developer
proceeds with the project.
Supervisor Nickens moved to approve the construction.
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
The
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~ Reauest for an Aoorooriation of $74.000 to the School
Bus Pund from the 1990-91 Year-End Balance of School
Funds.
A-42892-4
This appropriation is requested by the School Board to
purchase a 1991 demonstrator Bluebird school bus at $43,915,
approximately 15 two-way radios at $500 each to complete equipping the
bus fleet, and air dryers to be installed in the air braking system of
89 diesel buses at $250 each. There was no discussion.
Supervisor Johnson moved to approve the appropriation. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy II
NAYS: None
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April 28, 1992
2?· 7
~ Adootion of the Roanoke County Fiscal Year 1992-93
Budaet.
A-42892-S
Mr. Hodge presented the budget for fiscal year 1992-93 which
totals $164,1655.79 and includes several changes which the Board
directed at the March 24, 1992 meeting.
Supervisor Nickens requested that staff report back to the
Board on their attempts to secure participation by other valley
governments in funding of the Therapeutics Program.
Supervisor Eddy proposed that sewer rates be raised to cover
the deficit in the sewer fund instead of continuing to be subsidized
by the County. Supervisor Kohinke indicated he would support the
proposal while Supervisor Nickens was not supportive' because he felt
the timing was inappropriate. Supervisors Minnix and Johnson were not
in favor of the proposal but indicated their support for raising sewer
rates next year.
Supervisor Johnson stated the need for a vehicle replacement
policy, and that he was not in favor of the budget in its present
form.
Supervisor Eddy requested that the contribution to Roanoke
Valley Convention & Visitors Bureau be increased. Supervisor Johnson
indicated he would support an increase next year.
Supervisors Minnix and Eddy indicated that they were not in
favor of the 3% salary increase for the Board members and Mr. Hodge.
Supervisor Nickens moved to adopt the budget as presented.
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April 28, 1992
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The motion carried by the following recorded vote:
AYES:
Supervisors Kohinke, Minnix, Nickens
NAYS:
Supervisor Johnson, Eddy
IN RE:
BRIEFINGS
h
Chanaes in Qualifications
for certain Land Use
Cateaories.
John Willey, Director, Real Estate Assessment, advised that
the State Department of Agriculture and Consumer Affairs has requested
changes to the administration of the Roanoke County Land Use Policy.
The intent of the guidelines is to preserve open farm land which iSl'
being used for agricultural purposes. The Assessors's Office recently
sent letters to approximately 600 landowners with information about
the 'proposed changes in the eligibility criteria. Mr. Willey assured
the Board and the landowners present that those eligible and
qualifying would remain in the program.
Mr. Willey advised Supervisor Johnson that landowners had an
appeal process through the State Land Evaluation Advisory Commission
to the Assessor's Office, the Commissioner of Agriculture, and then
through the courts, but there was no recourse to the Board of
Supervisors.
Mr. Mahoney advised that the program is complex with some
portions detailed in the State Code, while other portions to be
applied uniformly, are contàined in a manual. There are also somel
areas of discretion left to the officials administering the program-,;;
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April 28, 1992
2'2.9
The following citizens spoke in opposition to the Land Use
Program changes:
h Louise S. Garman. 8430 Gravel Hill Road. Catawba
.L.. Winton W. Shelor. Sr.. 4348 Shelor Farm Lane. Salem
~ Harold winaate. P. o. Box 134. Catawba
~ Arthur R. Meller. 4346 Bradshaw Road. Salem
Supervisor Nickens moved that the Board reaffirm its
participation in the Land Use Program operating within the guidelines
set out by the State Department of Agriculture with the understanding
that Roanoke County land actually being used for farming purposes
continue in the program. The motion carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
None
.L.. Suoreme Court RU1ina on Lawsuit Invo1 vina Fralin and
Waldron Office Buildina
Mr. Mahoney advised that the State Supreme Court refused to
hear the County's appeal and the trial court order which was entered
in favor of Fralin & Waldron remains in effect.
Supervisor Nickens moved to table the issue. There was no
vote.
Supervisor Johnson made a substitute motion to move to the
next item on the agenda which would result in no action. The motion
carried by the following recorded voice vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Eddy,
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April 28, 1992
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NAYS:
Supervisor Nickens
It was the consensus of the Board that the legal staff would
contact the General Assembly members concerning a change in the law
and also alert the other cities, counties and towns concerning the
interpretation of this case for the future.
~ Imoact of Recent Floodina in Roanoke County
Presentations were made by Mr. Hodge; Chief Thomas C. Fuqua,
Fire & Rescue; Mr. Willey; Mr. Cliff Craig, Director, utility
Department; Mr. George Simpson, Engineering; and Mr. Arnold Covey,
Director, Engineering & Inspections.
Chief Fuqua reported that the damages
in
Roanoke count]
This figure does
totaled $1,620,810 with $1,452,172 being uninsured.
not include damages of $1.4 million to property in Vinton. There were
no injuries and over 100 people were evacuated.
He reported that 15
houses suffered major damage and 67 had minor damage.
A local emergency was declared by the board at a special
meeting on April 22, 1992.
Staff has met with representatives from
the Federal Emergency Management Agency and State Emergency Services
Division, and they are in the process of assisting citizens to
determine their eligibility for aid.
Mr. Simpson advised that the staff was requesting $200,000
to cover the repair and clean-up from the flood.
An additional
$53,000 would be necessary to fund additional drainage projects. Mr.
Hodge was requested to bring back a report at the May 12, 1992 meetin~
regarding the cost of completing the supplemental drainage projects.
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April 28, 1992
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Mr. Craig briefed the Board on the details of the Sanitary
Sewer Evaluation/Rehabilitation Program (SSE/R). Mr. Hodge was
requested to bring back a report at the May 12, 1992 meeting
concerning the SSE/R.
Mr. Covey advised that Roanoke County is the first locality
in the State to qualify for flood insurance premium credit from the
National Flood Insurance Program (NFIP). The 269 County residents who
quality for flood insurance will receive a 5% reduction in the cost of
that insurance.
The following citizens spoke:
h Gladys Lax. 2733 Tanqlewood Drive requested that the
sewer on Tanglewood Drive be repaired. She was requested to speak
with Mr. craig about the specifics of the problem.
.L.. Michael W. Shaver. 3763 Humminabird Lane expressed the
belief that the construction in Penn Forest contributed to the
flooding problems.
~ David Garst. 429 Tinker Avenue, representing the Glade
Creek area residents, requested an engineering study of the Glade
Creek area for relief.
Supervisor Eddy requested that the staff respond to the
concerns of these residents within a reasonable time.
Supervisor Johnson moved to appropriate $200,000 from the
General Fund Unappropriated Balance for flood clean-up and repair.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
NAYS: None
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April 28, 1992
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IN RE:
RECESS
At 7:11 p.m., Chairman Eddy declared 15 minute recess.
IN RE:
RECONVENEMENT
At 7:25 p.m., Chairman Eddy reconvened the meeting with all
present.
IN RE:
PUBLIC HEARING AND FIRST READING OF ORDINANCE
h ordinance amendinq ordinance 52891-12 Reao~ortioninq
the Reoresentation in the Board of suoervisors of
Roanoke County. Virqinia. by A1terinq the Boundaries of
Certain Election Districts and precincts by
Establishin a New votin precinct Inco oratin a Ma
Showinq the Boundaries of said Districts and Precincts.
and Providinq an Effective Date.
Mr. Mahoney presented the staff report and described the
five changes which are necessary to conform with General Assembly and
Congressional boundary lines and to avoid split districts. Elizabeth
Leah, Registrar, was present. There was no discussion and no citizens
requested to speak.
Supervisor Nickens moved to approve the first reading and
set the second reading for May 12, 1992.
The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy,
NAYS:
None
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April 28, 1992
233
T. PUBLIC HEARING AND SECOND READING OF ORDINANCES
h Ordinance Authorizina the Rezonina of 2.2 Acres from R-
E to M-1 to Ooerate a Cabinet Manufacturina Facility.
Located at 8251 Wood Haven Road. Catawba Maaisterial
District. uoon the Petition of Norman T. Ronk.
0-42892-6
Mr. Harrington advised that Mr. Ronk is requesting this
rezoning in order to expand his business at 8251 Wood Haven Road. Mr.
Ronk has been in business at this location for over 40 years and has
proffered three conditions.
The Planning Commission unanimously
approved the request.
Supervisor Eddy advised that he felt this was an unfortunate
choice of use for the property.
The following citizens spoke in favor of the rezoning:
h Allan R. Hetz. 3300 Green Ridae Road
.L.. Inez W. Painter. 3006 Green Ridae Road
~ Michael Hiagins. 8395 Willow Ridae Road
~ Norman T. Ronk. 3317 Carner Lane
Supervisor Kohinke moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens
NAYS:
Supervisor Eddy
ORDINANCE 42892-6 TO CHANGE THE ZONING CLASSIFICATION OP A
2.2 ACRE TRACT OF REAL ESTATE LOCATED AT 8251 WOOD HAVEN
ROAD (TAX MAP NO. 36.08-1-56) IN THE CATAWBA MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATION OF R-E TO THE ZONING
CLASSIFICATION OF M-1 WITH CONDITIONS UPON THE APPLICATION
OF NORMAN T. RONK
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April 28, 1992
WHEREAS, the first reading of this ordinance was held on Ma~
24, 1992, and the second reading and public hearing was held April 28,
1992; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on April 7, 1992; 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 2.2 acres, as described herein, and located at 8251
Wood Haven Road, (Tax Map Number 36.08-1-56) in the catawball
Magisterial District, is hereby changed from the zoning classification
of R-E, Residential Estate District, to the zoning classification of
M-l, Light Industrial District.
2. That this action is taken upon the application of Norman T.
Ronk.
3. That the owner has voluntarily proffered in writing the
following conditions which the Board of Supervisors hereby accepts:
(1) Proposed building and land to be used for agriculture,
woodworking or closely-related operations only.
(2) Business hours to be contained from 7 a.m. to 9 p.m.,
Monday through Saturday. No business on Sunday,under
any circumstances.
(3) All business operations to be contained inside except
loading and unloading.
4. That said real estate is more fully described as follows: II
BEGINNING at a point on the north line of Wood Haven Road
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April 28, 1992
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105 feet west of the corner of Lot 9, Block 4, section 1 of
Willow Creek Subdivision; thence in a westerly direction
with the north line of Wood Haven Road 270 feet, more or
less, to a point; thence in a northwesterly direction with
the line of Wood Haven Road 50 feet, more or less, to a
point on the easterly line of Carner Lane; thence with the
easterly line of Carner Lane in a northerly direction 330
feet, more or less, to a point; thence with four new
dimension lines through the Annie L. Ronk property as
follows: in an easterly direction 270 feet, more or less,
to a point; thence in a southerly direction 95 feet, more or
less, to a point; thence in an easterly direction 70 feet,
more or less, to a point; thence in a southerly direction
180 feet, more or less, to the place of BEGINNING.
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 Kohinke to adopt the ordinance, and
carried by the fOllowing recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens
NAYS:
Supervisor Eddy
IN RE:
REQUESTS FOR WORK SESSIONS
Mr. Hodge requested that a work session on Parks &
Recreation be set for May 12, 1992.
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OP REZONING
ORDINANCES - CONSENT AGENDA
Supervisor Johnson moved to approve the first reading and
set the public hearings for May 26, 1992.
following recorded vote:
The motion carried by the
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April 28, 1992
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AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
NAYS:
None
h An Ordinance to Rezone Aooroximate1y 3 Acres from A-1
to M-2 to Ooerate a Machine Shoo. Located at 6095
Newoort Road. Catawba Maaisterial District. Uoon the
Petition of Bobby L. Hodaes.
.L.. An Ordinance to Rezone 7.864 Acres from A-1 and M-2 to
R-E to Allow the continued Use and New Use of These
Tracts for Residential Purooses. Located on Carlos
Drive. Hollins Maaisteria1 District. Uoon the Petition
of James S. Bollina.
~ An Ordinance to Rezone 0.83 Acres from B-2 and B-3 to
B-2 to ooerate a Dental Clinic and Permit General
Business Uses. Located in the 5100 Block of Peters
Creek Road. Catawba Maaisteria1 District. Uoon the
Petition of Steve Waldroo.
IN RE:
SECOND READING OF ORDINANCES
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h Ordinance Authorizina the Lease of Real Estate. a 0.680
Acre Parcel for parkina Facilities at the"Roanoke
County Courthouse and Jail.
0-42892-7
There was no staff report presented and no discussion.
Supervisor Nickens moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy,
NAYS:
None
ORDINANCE . 42892-7 AUTHORIZrNG THE EXECUTION OF A LEASE OP II
REAL ESTATE FOR PARKING FACILITIES AT THE ROANOKB, COUNTY'
COURTHOUSE AND JAIL
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April 28, 1992
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BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, the acquisition of any interest in real
estate, which includes a lease of real estate, shall be accomplished
by ordinance and pursuant to the authority found in §§ 15.1-262 and
15.1-897 of the 1950 Code of Virginia, as amended; and
2. That pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County the first reading on this ordinance was held
on April 14, 1992, and the second reading was held on April 28, 1992,
concerning' the lease of real estate to meet parking needs at the
Roanoke County Courthouse and Jail; and
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3. That this lease is with William Watts and Elizabeth B. Watts
of a tract of land containing approximately 0.680 acre for a term
commencing the 1st day of May 1992, and ending the 30th day of April
1997, for an initial annual rental of $9,000.00 payable in equal
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monthly installments of $750.00; and
4. That the lease agreement setting forth the terms and condi-
tions of this lease'is incorporated herein by reference.
5. That this lease has been negotiated and awarded wi thout
competitive sealed bidding or competitive negotiation upon a
determination that this parking space is the only parking space
practically available based upon the following factor:
location and
proximity to existing County courthouse and jail; and
6. That the County Administrator is authorized to execute this
lease on behalf of the County of Roanoke and to execute such other
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April 28, 1992
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are necessary 0 accomp 1S
documents and take such other actions as
this transaction all of which shall be upon form approved by the
County Attorney.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
.L.. Ordinance enactina Section s. 1. 5 . 2 . s. 3 and 5.4 of
Chaoter 13 of the Roanoke County Code. Offenses.
Miscellaneous. oertainina to huntina and firearms.
0-42892-8
There wa~. no staff report presented and no diScussion.1
Supervisor Kohinke moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
NAYS:
None
ORDINANCE 42892-8 ENACTING SEC 13-5.1,
TRANSPORTING A LOADED RIFLE OR SHOTGUN; SEC 13-
5.2, PROHIBITING HUNTING OR TRAPPING NEAR PRIMARY
AND SECONDARY HIGHWAYS; SEC. 13-5.3, PROHIBITING
HUNTING NEAR PUBLIC SCHOOLS AND COUNTY. TOWN OR'
REGIONAL PARKS; AND SEC 13-5.4, PROHIBITING
POSSESSION OF LOADED PIREARMS IN CERTAIN CASES, OP
CHAPTER 13, OFFENSES-MISCELLANEOUS OF THE ROANOKE
COUNTY CODE
WHEREAS, the General Assembly of Virginia has recently repealed
and reenacted certain sections of the Code of Virginia pertaining to
authority of local governing bodies to prohibit certain actiVitiel·
involving the transporting of firearms and hunting in certain
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April 28, 1992
2:39
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locations: and
WHEREAS, the Board of Supervisors desires to adopt certain
ordinances to protect the safety and well-being of its citizens
against improper hunting activities in close proximity to highways,
schools and parks or with weapons which unreasonably increase the risk
of injury to innocent by-standers; and
WHEREAS, the first reading of this ordinance was held on April
14, 1992, and the second reading was held on April 28, 1992.
BE IT ORDAINED by the Board of Supervisors of the County of
Roanoke, Virginia, as follows:
1. That Chapter 13, "Offenses - Miscellaneous" of the Roanoke
County Code is hereby amended and reenacted as follows:
Sec. 13-5.1. Transporting a loaded rifle or shotgun.
(a) It shall be unlawful for any person to transport, possess or
carry a loaded shotgun or loaded rifle in any vehicle on any public
street, road" or highway in the county.
(b) Any violation of this section shall be punished by a fine of
not more than one hundred dollars ($100.00).
(c) This section shall not apply to duly authorized law-
enforcement officers or military personnel in the performance of their
lawful duties, nor to any person who reasonably believes that a loaded
rifle or shotgun is necessary for his personal safety in the course of
his employment or business.
[State law reference, § 18.2-287.1].
Sec. 13-5.2.
prohibiting hunting or trapping near primary and
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April 28, 1992
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secondary highways.
(a) It shall be unlawful to hunt any game bird or game animal
while on or within one hundred (100) yards of any primary or secondary
highway in the county.
(b) It shall be unlawful to trap any game animal or furbearing
animal within fifty (50) feet of the shoulder of any primary or
secondary highway in the county. This shall not prohibit such trapping
where the written permission of the landowner is obtained.
(c) Any violation of this section shall be punished as a Class 3
misdemeanor.
(d) For purposes of this section, the terms "hunt" and "trap"
shall not include the necessary crossing of highways for the bona fidel
purpose of going into or leaving a lawful hunting or trapping area.
[state law authority, § 29.1-526]
Sec. 13-5.3.
Prohibiting hunting near public schools and county,
town or regional parks.
(a) It shall be unlawful to shoot or hunt, or to traverse an
area while in possession of a loaded firearm, within one hundred (100)
yards of any property line of any pUblic school or of a county, town
or regional park.
(b) Any violation of this section shall be punished as a Class 4
misdemeanor.
(c) This section shall not be enforced on lands within
all
national or state park or forest, or wildlife management area.
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April 28, 1992
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[state law authority, § 29.1-527]
Sec. 13-5.4.
Prohibi ting possession of loaded firearDÌs in certain
cases.
(a) It shall be unlawful for any· person under the age of
eighteen (18) to carry or have in his possession a loaded firearm
while in any public place or upon any public highway.
(b) This section shall not apply to a person (i) in his own home
or curtilage thereof, (ii) acting at the time in lawful defense of
persons or property, (iii) engaged in lawful hunting, nor (iv) engaged
in marksmanship practice at established ranges.
(c) Any violation of this section shall be punished by a fine of
I
not more than one hundred dollars ( $100. OO), and the weapon may be
forfeited to the Commonwealth pursuant to the provisions of § 18.2-
310.
[state law authority, § 18.2-287.3].
2. The Clerk of this Board is directed to notify the Director of
the Department of Game and Inland Fisheries of the adoption of this
ordinance by registered mail prior to May 1, 1992.
3. This ordinance shall be in full force and effect from and
after May 1, 1992.
On motion of Supervisor Kohinke to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy,
NAYS:
None
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April 28, 1992
15 foot ~
and 11.
Hollins
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ordinance Authorizina the Vacation of a 10 and
Public utility Easement located on Tracts 10
Jamison Industrial Park. situated in the
Magisterial District.
0-42892~9
There was no staff report presented and no discussion.
Supervisor Johnson moved 'to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
NAYS:
None
ORDINANCE 42892-9 VACATING 10-FOOT AND ls-FOOT PUBLIC
UTILITY EASEMENTS LOCATED ON TRACTS 10 AND 11, JAMISON
INDUSTRIAL PARK, (PB 2, PAGE 21), HOLLINS MAGISTERIAL
DISTRICT I
WHEREAS, the Roanoke County Engineering Staff has requested the
Board of Supervisors of Roanoke County, Virginia to vacate a 10-foot
public utility easement and a 15-foot public utility easement located
on Tracts 10 and 11, Jamison Industrial Park Hollins Magisterial
District as shown in Plat Book 2, at page 21 of record in the Clerk's
Office of the Roanoke County Circuit Court; and,
WHEREAS, section 15.1-482 (b) of the 1950 Code of Virginia, as
amended, requires that such action be accomplished by the adoption of
I
an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section 15.1-431 of
the 1950 Code of Virginia, as amended, and a first reading of this
ordinance was held on April 14, 1992; and the second reading and
public hearing of this ordinance was held on April 28, 1992. II
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
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April 28, 1992
253,'"
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Vlrginia, as follows:
1. That a 10-foot public utility easement located along the lot
line between Tracts 10 and 11, Jamison Industrial Park, and a 15-foot
public utility easement located along the southeast lot lines of Tract
10 and 11, Jamison Industrial Park, Hollins Magisterial District of
record in Plat Book 2, at page 21, in the Office of the Clerk of the
circuit Court of Roanoke County, Virginia, be, and hereby are, vacated
pursuant to section 15.1-482 (b) of the 1950 Code of Virginia, as
amended; and,
2. 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.
3. That Roano]tc County the owner (Dallas T. Byrd) shall record a
certified copy of this ordinance with the Clerk of the Circuit Court
and shall pay all fees required to accomplish this transaction and in
addition, shall be responsible for all costs and expenses associated
herewith.
On motion of Supervisor Minnix to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy,
NAYS: None
L.
Ordinance Authorizina an Amendment to Exhibit "A" of
the Cable TV Franchise Aareement with Cox Cable.
...4
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April 28, 1992
þ
0-42892-10
There was no staff report presented and no discussion.
Supervisor Nickens moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
NAYS:
None
ORDINANCE 42892-10 AUTHORIZING AN AMENDMENT TO THE
ROANOKE VALLEY CABLE TELEVISION ORDINANCE, BY
AMENDING EXHIBIT A OF THE CABLE TELEVISION FRAN-
CHISE AGREEMENT TO PROVIDE FOR CHANGES IN CERTAIN
INSTITUTIONAL CABLE DISTRIBUTION SYSTEM INJECTION
POINTS
WHEREAS, on April 23, 1991,the Board of Supervisors of Roanoke
County,
Virginia adopted Ordinance No. 42391-15, which enacted thl
Valley Cable Television Ordinance for Roanoke County, and
Roanoke
which authorized the County Administrator to execute the Cable Televi-
sion Franchise Agreement on behalf of the County; and,
WHEREAS, the Equipment and Facilities Subcommittee of the Roanoke
Valley Regional Cable Television Committee recommends that Exhibit A
of the Cable Television Franchise Agreement be amended to change
certain injection points as provided therein; and,
WHEREAS, the Roanoke Valley Regional Television Committee unani-
mously agrees with and recommends these changes to the local govern-
ments parties to this agreement; and,
WHEREAS, the first reading of this ordinance was held, on April
14, 1992, and the second reading of this ordinance was held on
APrilll
28, 1992.
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY.,
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April 28, 1992
255
VIRGINIA, as follows:
.
I} That the Roanoke Valley Cable Television ordinance, Ordi-
nance No. 42391-15, adopted on April 23, 1991, is hereby amended,
including the Cable Television Franchise Agreement, and that the
County Administrator is hereby authorized to execute an amended
francpise agreement and such other documents as may be necessary to
accomplish the purposes of this ordinance.
2} That the amendment authorized by this ordinance pertains to
Exhibit A of the Cable Television Franchise Agreement, and the identi-
fication of certain Institutional Cable Distribution System Injection
Points (those places where live programming may be injected into the
Cox Cable System).
Exhibit A, with amendments, is attached hereto
and incorporated herein by reference.
3) That this ordinance shall be in full force and effect on and
after April 28, 1992.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
NAYS:
None
~ Ordinance Authorizina the Refund of certain Penalties
Imoosed for the Failure to File Tanaible Personal
prooertv Tax Refunds or to Pay Personal Prooerty Taxes.
ErroneouslY Paid or Assessed.
0-42892-11
In response to Supervisor Eddy's inquiry, Mr. Hodge advised
that information concerning the refund will be advertised in the media
....
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25 6
April 28, 1992
during the middle of June.
No staff report was presented and
thereÞ
was no further discussion.
Supervisor Nickens moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy,
NAYS:
None
ORDINANCE 42892-11 AUTHORIZING THE REFUND OF CERTAIN PENAL-
TIES IMPOSED FOR THE FAILURE TO FILE TANGIBLE PERSONAL
PROPERTY TAX REFUNDS OR TO PAY PERSONAL PROPERTY TAXES,
ERRONEOUSLY PAID OR ASSESSED.
WHEREAS, Section 58.1-3990 of the Code of Virginia, 1950, as
amended authorizes the governing body of any city or county to provide
by ordinance for the refund of any local taxes or classes or taxes I
erroneously paid; and,
WHEREAS, it appears that certain penalties imposed for the
failure to file tangible personal property returns may have been
erroneously assessed; and,
WHEREAS, the Board of Supervisors of Roanoke County intends to
adopt an ordinance to provide for the refund of erroneously assessed
penalties; and,
WHEREAS, the first reading and public hearing on this ordinance
was held on April 14, 1992, and the second reading on this ordinance
was held on April 28, 1992.
BE IT BE ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
AS FOLLOWS: 'II
1. That pursuant to the authority found in section 58.1-3990
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April 28, 1992
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2S:¡
1rg1n1a,
, as amen e there 1S hereby authorized the
refund of certain penalties imposed upon the failure to file tangible
personal property returns for the tax years 1989, 1990, and 1991.
2. That this refund ordinance for personal property tax penalty
shall apply only to those penalties assessed on" tangible personal
property and where the minimum ten dollar penalty was greater than the
penalty of ten percent of the tax due. Further this ordinance shall
apply to those penalties imposed by section 21-16 (b) and Section 21-
18 (b) of the Roanoke County Code, before their amendment by Ordinance
12490-3.
3. That no refund or exoneration shall be issued to a taxpayer
unless specifically requested in writing by the taxpayer. That if the
I
penalty has not been paid, then the taxpayer/applicant shall be
exonerated from payment of so much of the penalty as is erroneous.
The Commissioner of the Revenue is authorized to accept written
applications for refunds or exonerations from taxpayers who believe
that they may be entitled to such refund or exoneration, and that the
Treasurer is authorized to refund or exonerate amounts erroneously
paid upon certification by the Commissioner of the Revenue, together
with interest actually paid thereon.
4. That in determining whether or not a penalty was erroneously
~ssessed or paid, the Commissioner of the Revenue shall be guided by
the June 19, 1990, and March 12, 1992, opinions of the Attorney
General for the Commonwealth of Virginia and Ordinance 12490-3.
I
5. That the Clerk to the Board of Supervisors is hereby direct~
ed to publish a notice of this ordinance and the procedures necessary
.....
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2;,5.;8
April 28, 1992
to apply for a refund or exoneration of erroneously assessed penalti~
in the Roanoke Times & World News.
On, motion of Supervisor Minnix to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
NAYS:
None
IN RE:
APPOINTMENTS
h Total Action Aaainst Poverty Board of Directors.
Supervisor Johnson nominated himself and appointed Ms.
Elizabeth Stokes to serve as his designee for a two-year term.
His
term will expire May 5, 1994.
I
IN RE:
CONSENT AGENDA
R-42892-12
Supervisor Johnson moved to adopt the resolution with Item 4
removed for a separate vote.
The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
NAYS:
None
Supervisor Johnson moved to approve Item 4 with the correct-
ed amount. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
NAYS:
None
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April 28, 1992
259
~
RESOLUTION 42892-12 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVI-
SORS 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 April 28, 1992, designated as Item L - Consent Agenda
be, and hereby is, approved and concurred in as to each item separate-
ly set forth in said section designated Items 1 through 5, inclusive,
as follows:
1. Request for Approval of 50/50 Raffle Permit for the
Calendar Year 1992 from Glenvar Youth Boosters, Glenvar
High School.
I
2.
Request for Approval of Raffle Permit from North Cross
School.
3.
Request for Approval of Raffle Permit from Virginia
Children's Health Care Network, Inc.
4. Public-Private Partnership Request by Architectural
Wood.
5. Donation of a utility and access easement for water
stream gauge on the Roanoke River to the Board of
Supervisors of Roanoke County in connection with the
Spring Hollow Reservoir Project.
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 resolu-
tion.
I
On motion of Supervisor Johnson to adopt the resQlution
without item 4, and carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy,
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April 28, 1992
~
NAYS:
None
On motion of Supervisor Johnson to approve item 4 with the
amount of the request increased by the sewage connection fee, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
NAYS:
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Suoervisor Nickens: (1) He inquired about the status of the
Vinyard Park Road. Mr. Chambliss responded that he is checking with
the Virginia Department of Transportation to assure the successful
completion of project.
(2) He asked
Mr.
Hodge
to' address
thl
perception of the transfer station design.
Suoervisor Kohinke:
(1) He attended the Virginia Municipal
Clerk's Association banquet held in Roanoke on April 23, 1992, and co-
hosted by the Clerk's Offices of Roanoke County, Roanoke City and the
Town of Blacksburg.
(2) He reported that he will throw out a ball at
North Roanoke Recreation opening day May 2, 1992.
(3) He asked for a
fact sheet from the Roanoke Valley Resource Authority for the
residents in the area in view of the recent problems at the landfill
due to heavy rains. (4) He requested an answer to a citizen's inquiry
about the width of the entrance at the landfill.
Gardner smith
responded that this is due to requirements of the Virginia Department
of Transportation. (5) He inquired about t.he rock crushing at sprinl
Hollow Reservoir which was recently advertised. Cliff Craig explained
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April 28, 1992
261
ual ob11gat10n of the contractor and he will
keep the members posted on such events as the County is informed.
Suoervisor Eddv:
(I) He requested that the staff work with
the Fifth Planning District Commission to analyze the implications of
the County becoming a part of the Appalachian Regional Commission. (2)
He asked Mr. Mahoney about the status of the legislative suggestions
to the Virginia Association of Counties.
Mr. Mahoney indicated he
(3) He reported on his
will have a list by May 12, 1992.
participation in a citizen committee to discuss changes in the formula
and allocation for transportation funding.
IN RE:
REPORTS
I
Supervisor Johnson moved to receive and file the fOllowing
reports. The motion carried by a unanimous voice vote:
h General Fund Unaoorooriated Balance
.L.. Caoital Fund Unaoorooriated Balance
~ Board Continaency Fund
IN RE:
WORK SESSIONS
~ Parks' Recreation Work Plan
A. Annual Work proaram
~ Bond. Issue
~ Uodate on proiects
I
Due to the length of the meeting, Chairman Eddy announced
that this work session would be rescheduled for May 12, 1992.
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26,.2'
April 28, 1992
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Consideration of School and County Bond Issue
Mr. Hodge, Diane Hyatt, Director, Finance, and Dr. Bayes
Wilson, Superintendent, Roanoke County Schools, presented the Board
with suggested items to be included in a joint school and County bond
issue.
In response to inquiries about timing, Mr. Mahoney advised
that in order to have a referendum, a court order must be signed 60
days prior to the election day, November 3, 1992.
Supervisor Johnson suggested that staff bring back a method
to loan money from the unappropriated balance to the schools in
advance of their borrowing from the VPSA to fix the roofs.
Babette Cribbs. 6045 Burnham Road,
spoke in support of all
Cave Spring Elementary
bond referendum for capital improvements to
School.
After some discussion, Mr. Hodge was asked to bring back at
the May 12, 1992 meeting a detailed bond package including a breakdown
on each item.
~ 1992-94 Economic Develooment strateay
Due to the length of the meeting, Supervisor Johnson moved
to put approval of the 1992-94 Economic Development Strategy on the
consent agenda for the May 12, 1992, meeting. The motion carried by a
unanimous voice vote.
IN RE:
EXECUTIVE 'SESSION II
At 9:00 p.m., Supervisor Kohinke moved to go~into Executive
.,..;.... .'
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"'II1II
April 28, 1992
26'3
pursuan~to the Code of Virginia Section 2.1-344 (a)
( 7 ) to
discuss a specific legal matter requiring legal advice concerning
Dixie Caverns Landfill; (7) to consult with legal counsel concerning
the possible selection of outside counsel; (7) to discuss a specific
legal matter requiring legal advice concerning ITT reimbursement. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
NAYS:
None
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-42892-13
I
At 10:10 p.m., Supervisor Nickens 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 42892-13 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virgin-
ia has convened an executi ve 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, Virgin-
I ia, that such executive meeting was conducted in conformity with
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April 28, 1992
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r Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of supervi-
sors 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 Nickens to adopt the resolution, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
I
NAYS:
None
IN RE:
ADJOURNMENT
At 10:11 p.m., Supervisor Nickens moved to adjourn. The
motion carried'byaunanimous voice vote.
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