HomeMy WebLinkAbout12/1/1992 - Regular
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Deoember 1, 1992
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S~W.
Roanoke, Virginia 24018
December 1, 1992
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
first Tuesday, and the first scheduled meeting of the month of
December, 1992.
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IN RE:
CALL TO ORDER
Chairman Eddy called the meeting to order at 3:04 p.m. The
roll call was taken.
MEMBERS PRESENT:
Chairman Lee B. Eddy, Vice Chairman Edward G.
KOhihke, Sr., Supervisors Bob L. Johnson, H. Odell
"Fuzzy" Minnix, Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C; Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk;
John M. Chambliss, Assistant County Administrator;
Don C. Myers, Assistant County Administrator;
Anne Marie Green, Information Officer
IN RE:
OPENING CEREMONIES
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The invocation was given by the Reverend James Beaver, Penn
Forest Church of God. The Pledge of Allegiance was recited by all
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Deoember 1, 1992
present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Chairman Eddy added an Executi ve Session item concerning
land acquisition for pUblic school purposes, and Item 8, a
resolution supporting Botetourt County's Emissions Ordinance.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
h Resolution of Conaratulations to the Members of
the Roanoke county Polioe DeDartment fòr Reoeivinq
National Aooreditation from the Commission on
Aooreditation for Law Enforoement Aaenoies.
R-12192-1
Chief John Cease, Leigh Ann Vulgan, Gary Roche, Jeff
Swortzel, and Kevin Meredi th from the Police Department were
present to accept the resolution. Prior to the presentation of
the resolution,' a reception was given by the Board to recognize
and honor members of the Police Department for achieving this
accreditation.
Supervisor Johnson moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 12192-1 OF CONGRATULATIONS TO THE ROANOKE
COUNTY POLICE DEPARTMENT FOR RECEIVING ACCREDITATION
FROM THE COMMISSION ON THE ACCREDITATION OF LAW
ENFORCEMENT AGENCIES
WHEREAS, the Roanoke County Police Department was formed in
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1990, and since that time, has worked toward the goal of
achieving national accreditation for the Department; and
WHEREAS, the Commission on the Accreditation of Law Enforce-
ment Agencies (CALEA) is a national organization which accredits
police agencies throughout the Country; and
WHEREAS, there are less than 300 agencies nationwide which
have received accreditation from CALEA, a process that subjects
departments to scrutiny of the policies and procedures governing
every aspect of their operation; and
WHEREAS,
on November 21,
the Roanoke County Police
Department received accreditation from CALEA, along with special
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recognition for the Neighborhood Watch Program, the Evidence and
Property Tracking System, the Citizens' Police Academy and for
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the creation of the department itself; and
WHEREAS, the members of the Accreditation Team within the
Department spent many hours, in addition to their regular duties,
planning for the success of the Accreditation process; and
WHEREAS, accreditation provides assurances to the Roanoke
county Police Department, and to the citizens which it serves,
that standards of excellence are used for all facets of
operation; and
WHEREAS, in achieving this recognition, the Department has
shown its outstanding dedication to the professionalism of law
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enforcement and to the safety and security of the residents of
Roanoke County.
NOW, THEREFORE,
BE IT RESOLVED,
that the Board of
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Deoember 1, 1992
Supervisors of Roanoke County, Virginia, on its own behalf and on
behalf of the ci tizens of Roanoke County, does hereby extend
congratulations to the ROANOKE COUNTY POLICE DEPARTMENT for its
achievement in receiving this national honor; and
BE IT FURTHER RESOLVED, that the Board of Supervisors
particularly congratulates the members of the Accreditation Team,
Jeffrey Swortzel, Gary Roche, Leigh Anne Vulgan and Kevin
Meredith, for their successful work towards achieving this honor
for the County.
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
~ Resolution of Conaratulations to Edward L. Truett
UDon the Oooasion of Harshbaraar House Beina Named
to the National Reaister of Historio Plaoes.
R-12192-2
Mr. Truett was present to accept the resolution.
Supervisor Johnson moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 12192-2 OF CONGRATULATIONS TO
EDWARD L. TRUETT UPON THE
OCCASION OF HARSHBARGER HOUSE BEING NAMED
TO THE NATIONAL REGISTER OF HISTORIC PLACES
WHEREAS, preservation of our historic resources is important
to the education, cultural enrichment and sense of community of
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Deoember 1, 1992
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the citizens of Roanoke County; and
WHEREAS, the Roanoke Valley has a variety of historic
structures which represent the lives of the people who settled,
the area in the 18th and 19th centuries; and
WHEREAS, the Harshbarger House, located in the Hollins
Magisterial District in Roanoke County, was constructed in 1797,
with a brick addition built in 1825, and may be one of the
earliest homes still standing in the Roanoke Valley; and
WHEREAS, the Harshbarger House has been carefully restored
by Edward L. Truett, was placed on the Virginia Landmarks
Register in 1991, and has recently been approved for inclusion on
the National Register of Historic Places.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virgi~ia, on its own behalf and on
behalf of the citizens of the County, hereby extends its
congratulations to EDWARD L. TRUETT for receiving recognition of
his sensitive and authentic restoration of this historic
building; and
BE IT FURTHER RESOLVED, that the Board of Supervisors
extends its appreciation to Mr. Truett for preserving an
important part of Roanoke County's heritage.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded ,vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
II NAYS: None
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Deoember 1, 1992
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INRE:
NEW BUSINESS
h Presentation on the Roanoke Reaional AirDort
(Jaoqueline L. Shuok. Exeoutive Direotor)
An audio-visual presentation was made by Jacqueline
Shuck, Executive Director of the Roanoke Regional Airport. She
explained that the presentation wili be used as a pUblic
relations tool and presented to various civic and economic
development organizations throughout the ten county region served
by the airport. She also presented the results of an October
survey of airline passengers using the airport.
h Request for fundina for HeDatitis B vaooine for
Fire and Resoue Volunteers (Tommv Fuqua. Fire'
Resoue Chief)
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A-12192-3
Fire and Rescue Chief Tommy Fuqua reported that at the
October 13 meeting, the Board approved an appropriation of
$33,800 to cover the cost of Hepatitis B vaccinations, supplies,
training and waste pickup for fire and rescue employees.
Although volunteer fire and rescue personnel are not regulated by
OSHA, staff recommends that the County provide the same vaccines,
emergency kits and waste disposal for volunteers. The estimated
cost is $36,840 for 326 volunteers.
In response to a. question from Supervisor Nickens, Chief
Fuqua advised that they were investigating the possibility of
purchasing the vaccine from the Health Department.
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Deoember 1, 1992 888
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Supervisor Nickens moved to appropriate $36,840. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
h
Request from County Treasurer
Investment Poliov. (Alfred C.
Treasurer)
to Amend the
Anderson. county
A-12192-4
Mr. Anderson reported that the Investment Policy was
originally adopted on May 12, 1987 and amended on January 28,
'1992 to allow greater investment flexibility. He is reque~ting
that the policy be amended to allow a maximum of 10% of total
portfolio for any Bankers Acceptance and Commercial Paper issue.
He advised this was a recommendation of the auditors.
Supervisor Minnix moved to approve the amendment. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
.L.
Reoommendation
Aaent (John
Administrator)
on the Loss
Chambliss.
of VPI&SU Extension
Assistant County
R-12192-5
Mr. Chambliss advised that on December 16, the Roanoke
county Cooperative Extension Program is scheduled to lose one of
its two 4-H Extension agents. Additionally, there has been a
series of budget cuts, freezing of vacant positions and other
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Deoember 1, 1992
efforts to consolidate several local units across the state which
have also impacted the Roanoke County off ice.
staff requested
that the County submit a formal response asking: (1) that the
state comply with the
budget proposals approved for the 1992-93
fiscal year, including the filling of the vacant Agricultural
Agent's position; (2) that the current level of positions be
retained; and (3) that the state amend its funding share of the
unit dir~ctor's position from the present SO/50 share to the more
customary 1/3 local, 2/3 state ratio. Mr. Chambliss recommended
sending a resolution requesting this action to VPI&SUand the
Roanoke Valley legislators.
Supervisor Nickens moved to adopt the resolution
amended that the matter be delayed until after action by the 1993
General Assembly and that copies be sent to Dr. Swiger and
williams Allen.
The motion carried by the following recorded
vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 12192-5 OF SUPPORT FOR THE COUNTY OF ROANOKE'S OFFICE
OF EXTENSION AND CONTINUING EDUCATION AND THE 4-H PROGRAM
WHEREAS, reduced funding by the Commonwealth of Virginia to
the Extension and Continuing Education program has resulted in
the reduction of the number of extension agents assigned to local
offices, delayed filling of vacancies and relocated agents to
other offices statewide, causing the number of extension agents
currently serving Roanoke County and Salem to be reduced from
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Deoember 1, 1992
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five agents to three, and
WHEREAS, the most recent action to transfer one of the
remaining Roanoke County extension agents serving the 4-H program
to the Roanoke City office would further diminish the programming
available to the residents of Roanoke County and Salem, and
WHEREAS, there remains a disparity in the ratio of the
number of extension agents to population served when comparing
our local office and planning district to other regions of the
Commonwealth, and
WHEREAS, there is also a disparity in the percentage of the
local share of salary paid by Roanoke Coµnty for some of the
County Agents as compared to the local share paid by other
localities.
NOW, THEREFORE BE IT RESOLVED, that the Boarð of Supervisors
of Roanoke County strongly supports the efforts and programming
offered by the Roanoke County/Salem Office of Extension and
Continuing Education, especially the 4-H program and its benefit
to the youth of our community, and
BE IT FURTHER RESOLVED that the County urges the State to
properly share in the cost and operation of the local office by
retaining the existing positions and staff, to fill the vacant
Agricultural agent position and to properly share in of the
salaries of all extension agents, and
BE IT FURTHER RESOLVED that the action to transfer the 4-H
agent from the Roanoke County office to the Roanoke City office
be delayed until the impact of the General Assembly action
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Deoember 1, 1992
towards the proj ected budget def ici t can be addressed and its
full impact towards staffing known so as not to disrupt the
levels of service currently being provided by the Roanoke County
office, and
BE IT FURTHER RESOLVED that copies of this resolution be
forwarded to Dr. James McComas, President of Virginia Polytechnic
Insti tute and State Uni versi ty , Dr. L. Andrew Swiger, Interim
Dean of the College of Agriculture and Life Sciences, Dr. William
A. Allen, Interim Director of Virginia Cooperative Extension
Service,
Dr. Judith Jones, ,Associate Director of Field operations and
Administration of the Virginia Cooperative Extension Service, and
to our state legislators with strong encouragement to carefully
consider restoring the monies necessary to offset the projected
budget shortfall within this program to ensure the continuation
of this service to our community.
On motion of Supervisor Nickens to adopt the resolution
amended that matter be delayed until after action by the 1993
General Assembly and that copies be sent to Dr. Swiger and
William Allen, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
h Request to Amend the Reoord of Deoision for the
Final Environmental ImDaot statement. Roanoke
River Parkway for the Visitor Center Site Looation
Chanae.
(Jovoe
Eoonomio
Wauah.
DeveloDment
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Deoember 1, 1992
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SDeoialist)
A-12192-6
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Ms. Waugh advised that the previous Record of Decision
includes the National Park Service's decision to accept
Alternative #3, a two mile Blue Ridge Parkway extension to
Virginia's Explore Park and the proposed visitor center site .
However, Si te #3 is not available for future visitor center
development and is no. longer considered the preferred site. Ms.
waugh reported that staff now recommends site #5 as shown in the
Final Environmental Impact Statement.
Supervisor Nickens moved to approve site #5 for the
visitor center Location and that a letter be sent to the National
Park Service advising them of the Board's support for this
amendment to the Record of Decision. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, Kohinke,' Minnix, Nickens, Eddy
NAYS: None
~ Request for ADDroval to Install a Traffio Sianal
at the Interseotion of ChaDarral and Penn Forest
Boulevard. (Elmer C. Hodae. County Administrator)
A-12192-7
Mr. Hodge advised that the intersection of Chaparral
and Penn Forest Boulevard is one of VDOT's highest priorities for
I traffic signalization, and the traffic will increase even more
when the County offices are relocated to the Travelers Building.
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staff recommends requesting that VDOT take the $75,000 cost of
the traffic signal from the VDOT Incidental Construction category
of the Six Year Secondary Road Budget.
In response to a question from Supervisor Eddy, Mr. Hodge
advised that VDOT participates in a SO/50 cost sharing program
only for signals on primary roads.
Supervisor Minnix moved to approve funding the traffic
signal using Virginia Department of Transportation Incidental
Construction funds. The motion carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
None
~ Request for ADDroval of Chanae Order #10 for the
SDrina Hollow Reservoir Contraot. (Clifford Craia.
utility Direotor)
A-12192-8
Mr. Craig requested approval of Change Order No. 10 in
the amount of $524,179.64 for material and construction required
for adding 2,160 linear feet of 42 inch water line which was
required by the State Health Department in order to provide
isolation between the water inlet and water wi thdrawal
facilities.
Supervisor Nickens moved to approve Change Order No.
10. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
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Deoember 1, 1992
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Resolution of SUDDort for the Submission to the
State Air Pollution Control Board bv the Botetourt
County Board of SUDervisors of an Ordinanoe
Reaulatina Emissions whioh Burn Hazardous Wastes.
R-12192-9
There was no discussion.
Supervisor Johnson moved to
adopt the resolution.
The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
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RESOLUTION 12192-9 SUPPORTING THE SUBMISSION BY THE
BOTETOURT COUNTY BOARD OF SUPERVISORS OF A PROPOSED
ORDINANCE REGULATING EMISSIONS FROM INDUSTRIAL FURNACES
AND BOILERS WHICH BURN HAZARDOUS WASTES TO THE STATE
AIR POLLUTION CONTROL BOARD
WHEREAS, the Botetourt County Board of Supervisors is
considering the adoption of a proposed ordinance to regulate
emissions from industrial furnaces and boilers which burn
hazardous wastes; and,
WHEREAS, Section 10.1-1321 of the Code of Virginia, 1950, as
amended, requires that any locality proposing to adopt an
ordinance, or amendment to an existing ordinance, relating to air
pOllution, shall first obtain the approval of the State Air
Pollution Control Board, and that the Board shall not approve any
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local ordinance less stringent than the pertinent regulations of
the Board; and,
WHEREAS, the Botetourt County Board of Supervisors has
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Deoember 1, 1992
submitted said ordinance to the state Air Pollution Control
Board, and that a hearing thereon has been scheduled for December
4, 1992 in Richmond; and,
WHEREAS, the regulation by local government of the location,
operation, and management of facilities which burn hazardous
waste is essential to the public health, safety and welfare.
NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors
of Roanoke County, Virginia, as follows:
1) That Roanoke County hereby supports the power and
authority of local government to regulate the location, operation
and management of facilities which burn hazardous waste, and that
such regulation is essential to public health, safety and
welfare.
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2) That Roanoke County supports the submission by
Botetourt County of an ordinance regulating emissions from
industrial furnaces and boilers which burn hazardous waste, to
the State Air Pollution Control Board, and urges the State Air
Pollution Control Board to approve said ordinance.
3) That the Clerk to the Board of Supervisors is hereby
directed to mail a certified copy of this Resolution to the State
Air Pollution Control Board, the Chairman of the Botetourt County
Board of Supervisors, each member of the Roanoke Valley
delegation to the Virginia General Assembly, and to the Mayors of
the Town of Vinton, the City of Roanoke, and the City of Salem.
On motion of Supervisor Johnson to adopt the resolution, and II
carried by the following recorded vote:
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896
AYES:
NAYS:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
None
IN RE:
FIRST READING OF ORDINANCES
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Ordinanoe authorizina the Aoauisition of 3.395
aores of Real Estate. for County Offioe
Faoilities. ADDrovina the Lease .of Offioes.
AD~roDriatina Funds Therefor. Authorizina the
Manner of Tax ExemDt Finanoina. Deolarinq
Reimbursement Intention. and Suoh Other Measures
As Mav Be Reauired to AooomDlish This Proieot.
(Paul M. Mahonev. County Attorney)
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Supervisor Eddy presented a statement that he requested
be included in the minutes:
"I am opposed to the planned purchase of the Travelers
Building for use as a consolidated County office building. I
agree that some County offices need more space in order for their
personnel to work comfortably and efficiently, and to provide
optimum service to our citizens. However, I believe this goal
can be accomplished at much less cost by renting additional space
rather than purchasing an entire building.
By my calculations, the debt service, operating costs and
II loss of tax revenue will require an increased annual expenditure
of $ 360, 000 for 20 years, compared to existing costs. In
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Deoember 1, 1992
contrast, renting up to 10,000 square feet of additional nearby
office space; the needed amount identified by a recent study will
cost in the order of $100,000 per year.
I cannot justify the annual $260,000 net additional cost to
our citizens in exchange for a consolidation that mayor may not
provide any significant improvement in the level of services over
that which could be achieved by rented space.
I fully support the planned addition to the Northside
schools, the move of the School Board off ice to an otherwise
under-utilized Occupational School, and the relocation of the
Salem Social Services and Health Department offices to the
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existing owned building to be vacated by the School Board. The
Northside additions will improve services to our citizens and
children.
The moves of the School Board, Social Services and
Heath operations break even financially because of the resulting
reductions in rent payments. I do not see corresponding benefits
from the purchase of the Travelers Building."
Supervisor Johnson announced he would abstain because of his
involvement with the company selling the building.
Supervisor Nickens pointed out that several citizen
committees and the space consultant, Jones & Jones, all came to
the conclusion that additional space was needed and he felt that
it was in the best long term interest of the citizens to purchase
the building at this time.
Mr. Hodge reported that staff had looked at lease payments
($300,000 per year), cost per square foot, the actual cost of the
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Deoember 1, 1992
898
new building versus the value of it, rental income at the new
building, county properties that could be sold to offset the cost
of the building, and felt it was an excellent purchase now and
for the future.
Supervisor Nickens moved to approve the first reading
of the ordinance. The motion carried by the following recorded
vote:
AYES:
NAYS:
ABSTAIN:
Supervisors Kohinke, Minnix, Nickens
Supervisor Eddy
Supervisor Johnson
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SECOND READING OF ORDINANCES
h ordinanoes amendina Seotion 13-13 and 1~-14 of the
Roanoke County Code Clarifyina provisions with
Respeot to Illeaal Disposal of Trash and
Inoreasina certain Penalties. (Paul M. Mahoney.
county Attorney)
.L.
Ordinance amendinq and reenaotina section 13-
13 "Unlawful Disposal of RUbbish or Other
Waste Material" of ChaDter 13 "Offenses -
Misoellaneous" of the Roanoke County Code by
providina for a Clarifioation of Provisions
and Desianation of Enforoement Personnel.
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0-12192-10.a
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Deoember 1, 1992
Supervisor Johnson moved to approve the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ORDINANCE 12192 -10. a AMENDING AND REENACTING SECTION
13-13 "UNLAWFUL DISPOSAL OF RUBBISH OR OTHER WASTE
MATERIAL" OF CHAPTER 13 "OFFENSES - MISCELLANEOUS" OF
THE ROANOKE COUNTY CODE BY PROVIDING FOR A
CLARIFICATION OF PROVISIONS AND DESIGNATION OF
ENFORCCHENT PERSONNEL, AND AN EFFECTIVE DATE THEREFOR
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia finds that the illegal dumping and disposal of trash
constitutes a significant problem for the County and poses a
significant threat to the public health, safety and welfare of
its citizens, and,
WHEREAS, a clarification of this ordinance in order to ~ore
closely incorporate the provisions of the State enabling
legislation is in order, as well as clarifying the enforcement
personnel provisions, and,
WHEREAS, State enabling authority for this ordinance is
found in Section 33.1-346 of the Code of Virginia, 1950, as
amended, and,
WHEREAS, the first reading of this ordinance was held on
November 17, 1992, and the second reading of this ordinance was
held on December 1, 1992.
NOW THEREFORE, BE IT ORDAINED, by the Board of Supervisors
of Roanoke County, Virginia:
1.
That Section 13-13 of Chapter 13,
"Offenses
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Deoember 1, 1992
:9 0.0.
Miscellaneous" is hereby amended and reenacted as follows:
Sec. 13-13.
material.
Unlawful disposal of rubbish or other waste
(a) No person shall dump or dispose of or leave or cause to
be thrown any rubbish, tin canß, trash, garbage. litter or other
waste substance or material in or upon and along any public
property. includinq a street, road, highway, riqht-of-wav.
property adiacent to such hiqhway or riaht-of-way. park or alley
in the county; nor shall any person dispose of. dump or throw any
rubbish. trash. qarbaqe. litter or other waste substance or
material upon any private property without the written consent of
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the owner thereof or his aqent: nor shall any person dispose of,
dump or throw any rubbish, tin canD, trash, garbage. litter or
any other waste material or substance upon any lots or property.
in the county which have not been selected,' approved and
designated as a garbage or trash disposal area by the heal tà
dcpartmcnt of the county.
(b) In the event a person violating this section is known
to the Dupcrintcndcnt of public faciliticD, the Dupcrintcndcnt
County Administrator or his desiqnee. the County Administrator or
his desiqnee shall give the violator ten (10) days' written
notice, by certified mail, to clean up and remove such rubbish,
tin canD,
trash, garbage. litter or other waste substance or
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material. Should the violator not take appropriate action within
such ten-day period, the Dupcrintcndcnt County Administrator or
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Deoember 1, 1992
his desianee shall, by use of county employees or by employing an
agent of the county, have the rubbish, tin oaRS, trash, garbage~
litter or other waste substance or material removed. The violator
shall be liable for the charges and costs of such removal.
Nothing in this subsection shall be deemed to bar the prosecution
of any person for a violation of this section.
(c) A violation of any provision of this section shall
constitute a Class 1 misdemeanor.
)
2. That this ordinance shall be in full force and effect
from and after December 1, 1992.
On motion of Supervisor Johnson to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
b. Ordinanoes amendina and Reen&otina Seotion
13-14 "Unlawful Aooumulations of Trash and
Growth of Weeds:
Publio Nuisanoes and
Abatement Thereof" of ChaDter 13 "Offenses -
Misoellaneous" of the Roanoke County Code by
providina for an Inorease in the Penalty for
Illeaal Aooumulation of Trash and the
Desianation of Enforoement Personnel.
0-12192-10.b
Supervisor Johnson moved to adopt the ordinance.
The
motion carried by the following recorded vote:
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Deoember 1, 1992
902'.
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ORDINANCE 12192-10.b AMENDING AND REENACTING SECTION
13-14 "UNLAWFUL ACCUMULATIONS OF TRASH AND GROWTH OF
WEEDS; PUBLIC NUISANCES AND ABATEMENT THEREOF" OF
CHAPTER 13 "OFFENSES - MISCELLANEOUS" OF THE ROANOKE
COUNTY CODE BY PROVIDING FOR AN INCREASE IN THE PENALTY
FOR ILLEGAL ACCUMULATION OF TRASH AND THE DESIGNATION
OF ENFORCEMENT PERSONNEL, AND AN EFFECTIVE DATE
THEREFOR
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, finds that the illegal disposal and accumulation of
trash ,constitutes a public nuisance and poses a threat to the
public health, safety, and welfare of the County, and,
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WHEREAS, the Board further finds that increasing the
penalties for these violations would assist in the enforcement of
and with this ordinance, and,
WHEREAS, the adoption of this ordinance is authorized by the
provisions of Section 15.1-11 of the Code of Virginia, 1950, as
amended, and,
WHEREAS, the first reading of this ordinance was held on
November 17, 1992, and the second reading of this ordinance was
held on December 1, 1992.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia:
1.
That Section 13-14 of Chapter 13,
"Offenses
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Miscellaneous" is hereby amended and reenacted as follows:
Sec. 13-14. Unlawful accumulations of trash and growth of weeds;
public nuisances and abatement thereof.
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Deoember 1, 1992
(a) For the purposes of this section, the following words
and phrases shall have the meanings respectively ascribed to them
by this subsection:
(1) Abatement cost: The county's cost of labor,
equipment and supplies for, or the contract price
of, and any charges to, the county, with respect
to the removal and disposal of weeds or trash from
a parcel.
(2) Enforcement aaent: The Dupcrintcnàcnt. of
dc~clepmcnt Countv Administrator or his designee.
(3) Owner: Any person shown by any public record to
have an interest in real estate lying in the
county upon which a public nuisance exists as of
the date of the abatement of the public nuisance
under this section.
(4) Parcel: Any real estate, or any interest therein,
situate, lying and being in the county in any
areas zoned for residential, business, commercial,
or industrial uses or in any subdivision'.
(5) Public nuisance: Any act or acti vi ty the causing
or maintaining of which is such an inconvenience
or troublesome matter as to annoy, injure or
damage the public at large or a substantial
portion of the community or a considerable number
of persons, and from which any resulting damage is
not specifically apportionable to anyone member
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Deoember 1, 1992
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of the community.
(6) Subdi vision: Any tract or parcel of land divided
into two (2) or more lots or parcels, for the
purpose, whether immediate or future, of transfer
of ownership or development, as otherwise defined
in the Roanoke County Subdivision Ordinance.
(7) Trash: Abandoned personal property, garbage,
refuse, rubbish. litter or debris, \¡hich ahall
includc an accumulation of cut wccda ovcr fiftccn
(15) inchca long, opcnly lying. on any parccl.
(8) Weed or weeds: Any plant, grass or other
vegetation covering aUßatantially all ª
substantial portion of a parcel which is over
fiftccn (15) twelve (12) ir.ches long, other than
trees, shrùbbery and agricultural plants.
(b) All exterior property areas and premises shall be
maintained in a clean, safe condition, free from any accumulation
of trash ,and the failure to so maintain any parcel shall
constitute a Class 4 1-misdemeanor and each day the failure to
comply with this provision continues shall constitute a separate
offense and shall additionally constitute a public nuisance.
(c) Weeds growing on and traah lyinEj OR any parcel shall
constitute a public nuisance. It shall be unlawful to cause or
maintain a public nuisance with respect to any parcel. An owner
shall abate any public nuisance with respect to this parcel.
Every owner of a parcel of real estate situate in the county
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Deoember 1, 1992
shall cause to be cut therefrom all weeds anå to remo~c therefrom
all traah. Any owner who shall violate the provisions of this
subsection shall be deemed guilty of a Class 4 misdemeanor.
(d) In addition to any applicable criminal sanctions
provided in this code, whenever the enforcement agent determines
that a public nuisance exists upon any parcel, he shall notify
the record owner of such parcel of such fact by certified mail at
the owner's last known address, as shown by any source available
to the agent, and such notice shall constitute, for purposes of
this section, dù~ legal notice as made and provided by law. The
notice herein required shall direct that the public nuisance be
abated within fourteen (14) days following the mailing. In case
the owner's address is unknown or cannot be found, the
enforcement agent shall post the notice herein required at a
conspicuous place on the parcel on which the public nuisance
exists and the posting shall constitute, for purposes of this
section, legal notice as made and provided by law.
(e) The notice provided for in subsection (d) above shall
advise the owner that if he objects to the proposed action of the
county he may present, at the time and place indicated on the
notice, his objection; provided that, within seven (7) days from
the date of mailing or posting of the notice, the owner shall
provide the enforcement agent a written statement of his
objection. At the hearing, the enforcement agent shall hear and
investigate any objection that may be raised and take such action
as may be appropriate under the facts and circumstances
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Deoember 1, 1992
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established.
(f) If the owner fails to abate the public nuisance as
required, and the enforcement agent finds that the public health,
safety, 'order or convenience is impaired by the maintenance of
the public nuisance, he may request in writing that the county
abate such public nuisance. Upon such request, the appropriate
county officials may abate such nuisance by county forces or
through private contract~ Any o~~er may abate the public nuisance
himself without liability to the county, provided that he does so
prior to commencement of abatement by county personnel or
contractors.
(g) The Dupcrintcndcnt of public faciliticD County
Administrator or his designee shall keep an account of the cost
of abating public nuisances under this section and embody such
account in periodic reports with assessment lists which shall be
transmitted to the oupcrintcndcnt of fiocùl man~gcmcnt director
of finance and the treasurer at convenient intervals. A COpy of a
cost report shall be mailed to each owner. The copy retained by
the oupcrintcndcnt of fioc~l m~n~gcmcnt director of finance and
the treasurer shall be available for public inspection. The
reports shall refer to each parcel as to which a public nuisance
was abated by description sufficient to identify the parcel, and
specify the following additional charges for each such parcel to
be assessed against each owner:
( 1) A service charge of twenty (20) percent of the
abatement cost.
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Deoember 1, 1992
(2) Interest at ten (10) percent from date of accrual
until paid.
(h) No more frequently than twice a year, the
Dupcrintcndcnt of dC7elopmcnt enforcement aaent shall hold
hearings at the Roanoke County Administration Center for the
purpose of hearing objections to and comments upon reports and
proposed assessments under this section, of correcting any
mistakes or inaccuracies in the reports and of conf inning the
same.
(i) Not less than fourteen (14) days prior to a hearing
provided for in subsection (h) above, such reports and assessment
lists shall be posted at the front door of the County
Administration Center with a notice of the time and place the
Duperintcndent of devclop~ent enforcement aqent will conduct the
hearing on the reports and assessment lists, and the
Duperintcndent of development enforcement aqent shall send by
certified mail to each owner, at his address as determined from
county records, a notice of the time, place and subject matter of
the hearing. The notice shall advise the owner of his right to
object to, be heard upon, and to contest the confirmation of the
report and assessment. The notice shall further provide that,
upon the confirmation by the Duperintendent of developmcnt
enforcement aqent of the reports of abatement costs anq service
charges the same shall constitute special assessments against the
owner and the parcel, a personal obligation of the owner and a
lien upon the owner's parcel from the date and time of the
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Deoember 1, 1992
'908
recordation of a notice of lien, and bear interest at the rate of
ten (10) percent. There shall be included wi th the notice a
statement to the owner of the abatement cost, service charge and
accrued interest.
(j) At the hearing provided for in subsection (h) above,
the Dupcrintcndcnt of de~:clopment enforcement aaent shall hear
any obj ections which may be raised by any owner liable to be
assessed and may cQnfirm, modify or reject the reports and
assessment lists as he may deem appropriate and send those
confirmed to the Dupcrintendent of fiDcal managcment director of
finance and the treasurer for collection of the respective
special assessment.
(k) with respect to all such accounts remaining unpaid
fourteen (14) days after the confirmation of the reports and
assessment lists, the Duperintenàent of dcvelopment enforcement
aqent shall cause a notice of the lien of the special assessment
prepared by the county attorney to be recorded in the clerk's
office of the circuit court of the county. The county attorney
may take appropriate steps, including a personal or in re~ suit
or action, in the appropriate court to enforce the lien to
satisfy the special assessment.
2. That this ordinance shall be in full force and effect
from and after December 1, 1992.
On motion of Supervisor Johnson to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
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Deoember 1, 1992
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NAYS:
None
IN RE:
APPOINTMENTS
h Mental Health Servioes of the Roanoke Valley
Community Servioes Board.
Supervisor Johnson asked that the Clerk to the Board
contact MHSRV requesting that Susan Cloeter be considered for
appointment to this Board when a future vacancy occurs.
~ Roanoke County Plannina Commission
Supervisor Eddy nominated Al G. Thomason, Sr. to a
four-year term which will expire December 31, 1996.
IN RE: CONSENT AGENDA
R-12192-11
Supervisor Johnson moved to
adopt the
Consent
Resolution. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 12192-11 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE 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 December 1, 1992, 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 5, inclusive, as follows:
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Deoember 1, 1992
,'910
1.
Confirmation of Committee
Mental Health Services of
Community Services Board.
Appointment to the
the Roanoke Valley
2. Request from the School Board for Acceptance of a
General Electric Elfun Society Grant.
3. Acknowledgement of Acceptance of 0.28 Miles of
Forest Creek Drive and 0.11 miles of Millwood
Drive into the Secondary System by the Virginia
Department of Transportation.
4. Acceptance of Donations of Drainage Easements for
Flintlock Road in Connection with the Hunting
Hills Road Project.
5. Authorization to Pay Certain Legal Fees for
Litigation with Grumman Emergency Products, Inc.
2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
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items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Johnson to adopt the Consent
Resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Kohinke: (1) Congratulated Glenvar High School
and Northside High School for their athletic seasons. (2)
Announced that he had toured schools in Catawba during American
Education Week.
(3) Announced that he had met with the Roanoke
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Symphony Association and concerns that he had with the Polo Match
at Green Hill Park have been resolved. (4) Attended the Chamber
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Deoember 1, 1992
Legislative Forum on November 24. (5) Attended the Quarterly
Valley Government Meetings in Chairman Eddy's absence. (6)
Announced that he supported the completion of a Roanoke County
policy manual.
SUDervisor Minnix: (1) Also toured schools in his district
during American Education Week. (2) Expressed appreciation to
citizens who were active in community projects at Clearbrook
School.
SUDervisor Nickens: (1) Advised that he had received
Supervisor Eddy's memorandum on Robert's Rules and agreed that
his motion to move the balance of the agenda at the November 17
meeting was an invalid motion. (2) Stated that he felt that
Chairman Eddy runs the meetings fairly, but that the three-minute
speaking rule should not be used to restrict the speakers, but as
a guide. However, he felt that no citizen should be allowed to
speak from the audience, but should come to the podium with his
or her comments.
SUDervisor Johnson: Announced that he did not necessarily
support elected school boards and that he felt that the issue has
been emotionalized.
SUDervisor Eddv: (1) Has sent a letter to the newspapers
thanking the citizens and staff for their work on the bond
referendum. (2) Asked about the possibility of Montgomery
County buying land for a landfill near Bradshaw Road. (3)
Announced that Mr Hodge will be on WFIR Radio every Tuesday at
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Deoember 1, 1992
,91·2·
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7:50 A.M. (4) Asked about the Roanoke County Legislative
Program. County Attorney Paul Mahoney advised that the Board
approved a legislative program five or six months ago, and that
he is setting up a meeting with Valley legislators to be held
after the organizational meeting on January 4, 1993. (5)
Announced that his choice for school board selection is (a)
appointment by governing body; (b) elected with taxing power, (c)
appointed by selection committee; and (d) elected with no taxing
power.
IN RE:
REPORTS
Supervisor Kohinke moved to receive and file Items 1-4,
8, and 9. The motion carried by a unanimous voice vote.
Supervisor Nickens moved to receive and file Items 5,
6, and 7.. after discussion.
voice vote.
The motion carried by a unanimous
h General Fund UnaDDroDriatedBalanoe
~ CaDital Fund UnaDDroDriated Balanoe
~ Board continaency Fund
~ Aooounts Paid - Ootober 1992
h ReDort on Reoorded Messaae Servioe
Supervisor Nickens asked that staff monitor and review
messages to remove those numbers that are not being used.
~ Summary ReDort - Water and Wastewater Needs in the
Roanoke Valley.
II Supervisor Nickens suggested that this report be
discussed at the next local government officials quarterly
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Deoember 1, 1992
luncheon.
~ ReÞort on Seleotion Alternatives for Sohool Board
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Members.
Supervisor Kohinke asked if the parties could nominate
candidates for election to the School Board. Mr. Mahoney stated
that they could not be nominated by primary or party, but
selected only by petition.
h statement o~ Revenues and EXDenditures as of
Ootober 31. 1992.
~ status of the Roanoke River Parkway SDur
IN RE:
WORK SESSION
h Disoussion and Prioritization of Bond Pro;eots
Mr. Hodge presented a written report.
He announced
that Assistant County Administrator John Chambliss will be the
overall coordinator for the County projects. The following staff
presented reports:
(1) Library Director Spencer Watts presented a schedule and
costs for the development and construction of the North County
Library.
(2) Assistant Director of Engineering & Inspections George
Simpson reported that $2.75 million was allocated for Dixie
Caverns and $1 million was allocated for drainage projects. He
presented a list of the drainage projects to be funded from the
bond issue.
(3) Assistant Administrator John Chambliss presented the
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Deoember 1, 1992
91,4,
proposed
development
schedule for
parks
and
recreation
improvements.
staff will be meeting with community groups to
develop the concept plans.
(4) Director of Engineering & Inspections Arnold Covey
advised that $500,000 has been earmarked for road improvements
with a VDOT revenue sharing match of $500,000 for a total of $1
million. He presented a schedule of improvements.
(5) Economic Development Director Tim, Gubala presented the
development concepts for Valley TechPark which will be phased in
order to provide road access. Funding will be leveraged against
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other programs and grants. It is estimated that the bond funds of
$815,000 can generate $1,915,000 in state funds.
(6) Fire and Rescue Chief Tommy Fuqua presented the list of
fire hydrants to be installed with $184,000 bond funds.
(7) Dr. Bayes Wilson, School Superintendent, advised there
are 15 projects for schools from the bond issue, and would like
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to begin with Northside High School, Mason's Cove Elementary
School, Oak Grove Elementary School and Herman L. Horn Elementary
School for a total short term borrowing request of $1,270,000.
Finance Director Diane Hyatt advised that some projects will
need to be started before August when the bonds are sold. The
total is $3,699,000 and she recommended issuing a Bond
Anticipation Note for short-term borrowing to be issued in
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January and paid back after the bonds are sold.
A resolution
requesting the issuance of the short-term bonds will be brought
to the December 15 meeting.
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Deoember 1, 1992
It was the Board consensus that a resolution for
revenue anticipation notes be placed on the December 15, 1992
meeting agenda.
Supervisor Eddy requested that the future
schedules be uniform.
IN RE:
EXECUTIVE SESSION
At 5:56 p.m., Supervisor Nickens moved to go into
Executive Session pursuant to the Code of Virginia Section 2.1-
344 A (5) to discuss location of a prospective business or
industry and (3) to discuss acquisition of land for school
purposes. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-12192-12
At 6:50 p.m., Supervisor Minnix 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 12192-12 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
.
WHEREAS, the Board of Supervisors of Roanoke County,
virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
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Deoember 1, 1992
916
WHEREAS,
section 2.1-344.1 of the Code
of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
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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
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2. Only such pUblic business matters as were
identif ied in the motion convening the executive meeting were
heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Minnix to adopt the Certification
Resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
IN RE:
OTHER BUSINESS
Mr. Hodge updated the Board on the progress at the
Travelers Building and advised that he would be out of town on
December 2, 1992.
IN RE:
ADJOURNMENT
At 6: 57 p.m., Supervisor Minnix moved to adjourn to
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9: 00 a.m., on Thursday,
December 10, 1992, for the purpose of
touring the Travelers
Building. The motion carried by a
~8
Lee B. Eddy, Ch~
unanimous voice vote.
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