HomeMy WebLinkAbout6/14/2016 - Regular
June 14, 2016
285
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day atthe
Roanoke County Administration Center, this being the second Tuesday and the first
regularly scheduled meeting of the month of June 2016. Audio and video recordings of
this meeting will be held on file for a minimum of five (5) years in the office of the Clerk
to the Board of Supervisors.
IN RE: OPENING CEREMONIES
Before the meeting was called to order an invocation was given by Pastor
Frances Reed Brown of the United Metaphysical Church. The Pledge of Allegiance was
recited by all present.
IN RE: CALL TO ORDER
Chairman Peters called the meeting to order at 3:02 p.m. The roll call was
taken.
MEMBERS PRESENT:
Chairman P. Jason Peters,Supervisors George G. Assaid,
Al Bedrosian, Martha B. Hooker and Joseph P. McNamara
MEMBERS ABSENT:
None
STAFF PRESENT:
Thomas C. Gates, County Administrator; Richard Caywood,
Assistant County Administrator; Ruth Ellen Kuhnel, County
Attorney; Amy Whittaker, Public Information Officer and
Deborah C. Jacks, Chief Deputy Clerk to the Board
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Proclamation declaring Alzheimer's Awareness Month in Roanoke
County(Suzanne Cresswell, Development Manager of the
Alzheimer's Association)
Ms. Cresswell outlined the request for proclamation. The proclamation was read
by the Clerk and presented to Ms. Cresswell by Chairman Peters.
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IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTIONS
1.Resolutions approving the reorganization and expansion of the
Roanoke Valley Resource Authority: (a) Resolution approving the
reorganization and expansion of the Roanoke Valley Resource
Authority (b) Resolution authorizing and providing for an
additional period of time for the Roanoke Valley Resource
Authority to exist as a corporation, upon certain terms and
conditions (c) Resolution authorizing the Amended and Restated
Roanoke Valley Resource Authority Members and Facilities Use
Agreement, upon certain terms and conditions (d) Resolution
amending permit conditions and operating policies for the
Roanoke Valley Resource Authority by change the "Landfill
Users" section language (Ruth Ellen Kuhnel, County Attorney;
Daniel Miles, Chief Executive Officer, Roanoke Valley Resource
Authority)
Ms. Green, Chairman of the Roanoke Valley Resource Authority outlined
the need for the resolutions. Ms. Kuhnel explained each resolution. Chairman Peters
opened and closed the public hearing with no citizens speaking on this agenda item.
There was no discussion.
RESOLUTION 061416-1 APPROVING THE REORGANIZATION
AND EXPANSION OF THE ROANOKE VALLEY RESOURCE
AUTHORITY (“AUTHORITY”) BY PROVIDING THAT THE CITY
OF SALEM, VIRGINIA, JOIN THE AUTHORITY, APPROVING
AND AUTHORIZING THE EXECUTION OF AMENDED AND
RESTATED ARTICLES OF INCORPORATION OF THE
ROANOKE VALLEY RESOURCE AUTHORITY TO
ACCOMPLISH SUCH JOINDER; AND AUTHORIZING THE
APPROPRIATE PUBLIC OFFICIALS TO TAKE ANY ACTIONS
AND EXECUTE ANY DOCUMENTS NECESSARY TO
ACCOMPLISH SUCH MATTERS, ALL IN ACCORDANCE WITH
THE PROVISIONS OF THE CODE OF VIRGINIA (1950), AS
AMENDED
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, the Council
of the City of Roanoke, Virginia, the Council of the Town of Vinton, Virginia, and the
Council of the City of Salem, Virginia, have determined that it is in their best interests to
authorize the City of Salem to become a member of the existing Roanoke Valley
Resource Authority, pursuant to the provisions of the Virginia Water and Waste
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Authorities Act, Chapter 51, Title 15.2, sections 15.2-5100, et seq. of the Code of
Virginia (1950), as amended, (“Act”); and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, the Council
of the City of Roanoke, Virginia, the Council of the Town of Vinton, Virginia, and the
Council of the City of Salem, Virginia do by concurrent resolutions provide for the
joinder of the City of Salem to the Roanoke Valley Resource Authority pursuant to
Section 15.2-5112 of the Act; and
WHEREAS, after proper advertisement, public hearings have been held in
accordance with the requirements of the Act; and
WHEREAS, the Roanoke Valley Resource Authority has, by resolution,
expressed its consent for the City of Salem to become a member of the existing
Roanoke Valley Resource Authority.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
(1) The Board hereby determines that it is in the best interest of the citizens of
the County of Roanoke, Virginia, that the City of Salem, Virginia, join and become a
member of the Roanoke Valley Resource Authority and approves the terms of the
Amended and Restated Articles of Incorporation of the Roanoke Valley Resource
Authority as contained in Section 6 of this resolution.
(2) The Board hereby authorizes the Chairman of the Board and the Clerk to
the Board to execute and attest or witness, respectively, such Amended and Restated
Articles of Incorporation of the Roanoke Valley Resource Authority in a form
substantially similar to those set forth in Section 6 below, with such minor revisions and
adjustments as the Chairman of the Board or the County Administrator shall approve.
(3) The Board hereby agrees that the Authority shall be reorganized and
expanded in accordance with the terms of the Amended and Restated Articles of
Incorporation of the Roanoke Valley Resource Authority mentioned above upon the
issuance of a Certificate of Joinder and/or Restatement issued by the Virginia State
Corporation Commission.
(4) The Board does hereby FIND as a matter of fact that inclusion in the
Amended and Restated Articles of Incorporation of the Roanoke Valley Resource
Authority of preliminary estimates of capital costs, proposals for any specific projects to
be undertaken by the Authority, and preliminary estimates of initial rates for services of
such projects as certified by responsible engineers is impractical.
(5) As provided for in the Amended and Restated Articles of Incorporation of
the Roanoke Valley Resource Authority, the Board hereby appoints the following five (5)
persons to be the County of Roanoke representatives and that such persons’ initial
terms will start on the date of issuance by the Virginia State Corporation Commission of
a Certificate of Joinder and/or Restatement and expire on the dates indicated next to
their names.
County of Roanoke Appointees
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NAME ADDRESS EXPIRATION OF INITIAL
TERM
Anne Marie Green 1216 Kessler Mill Road 12/31/2019
Salem, VA 24153
Rebecca Owens P.O. Box 29800 12/31/2018
Roanoke, VA 24018
Keith Garman 8538 Bradshaw Road 12/31/2017
Salem, VA 24153
Dennis Nalley 8301 Berrybrook Drive 12/31/2017
Salem, VA 24153
Thomas C. Gates 5204 Bernard Drive 12/31/2019
Roanoke, Virginia 24018
Upon expiration of the initial term of office, and any future term of office, the Board shall
appoint a person (who can be the same person whose term expired) to be a member of
the Board of the Authority for four (4) years from the date of the initial expiring term and
any future expiring term of office. The total number of members that the County of
Roanoke, Virginia, will have on the Board of the Authority will be five (5) members.
(6) The Amended and Restated Articles of Incorporation of the Roanoke
Valley Resource Authority are set forth below. They shall be deemed amended,
restated, and effective upon the date of issuance of a Certificate of Joinder and/or
Restatement by the Virginia State Corporation Commission as provided for in Virginia
Code Section 15.2-5112.
AMENDED AND RESTATED ARTICLES OF INCORPORATION
OF THE ROANOKE VALLEY RESOURCE AUTHORITY
The Board of Supervisors of Roanoke County, the Town Council of the Town of
Vinton, the City Council of the City of Roanoke, and the City Council of the City of
Salem have by concurrent resolution adopted the following Amended and Restated
Articles of Incorporation of the Roanoke Valley Resource Authority pursuant to the
Virginia Water and Waste Authorities Act, Chapter 28, Title 15.2, sections 15.2-5100, et
seq. of the Code of Virginia (1950), as amended, (“Act”):
The name of the Authority shall be the Roanoke Valley Resource Authority
(1)
and the address of its principal office is 1020 Hollins Road, N.E., Roanoke, Virginia
24012.
The names of the participating political subdivisions are the County of
(2)
Roanoke, Virginia; the City of Roanoke, Virginia; the Town of Vinton, Virginia; and the
City of Salem, Virginia. The County of Roanoke, the City of Roanoke, the Town of
Vinton, and the City of Salem, as the incorporating political subdivisions, hereby
acknowledge, covenant, and agree that these Amended and Restated Articles of
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Incorporation shall not be further amended or changed without the express agreement
of each of the governing bodies of each of the incorporating political subdivisions.
None of the following actions shall be taken or permitted to occur by the Authority
without the consent of the City of Roanoke and the County of Roanoke as expressed by
the affirmative vote of all City and County representatives on the Authority:
(a) Any change in the terms and conditions of design or operation of
the Transfer Station located in the City of Roanoke as set forth in
the Solid Waste Transfer Facility Design Criteria, dated March 19,
1991, and the Solid Waste Transfer Facility Operating Criteria,
dated May 21, 1991, as approved by the Roanoke City Planning
Commission on June 5, 1991, and the Part A and Part B
applications for the Transfer Station as approved by the
Commonwealth of Virginia, or use by any persons or entities other
than City of Roanoke, County of Roanoke, Town of Vinton, the City
of Salem or any other local government entity, located wholly or
partially within a sixty (60) mile radius of the Authority’s property
and under contractual obligation with the Authority to bring
acceptable waste generated within said local government entity’s
jurisdiction to an Authority facility;
(b) Any change in the terms and conditions of the design or operation
of the Landfill located in Roanoke County as set forth in the special
use permit and the Landfill Permit Conditions and Operating
Policies, Action 62789-10 and Resolution 62789-12, each dated
June 27, 1989, and the Part A and Part B applications for the
Landfill as approved by the Commonwealth of Virginia.
(c) Since the Landfill and Transfer Station are scarce and valuable
resources, and because the participating political subdivisions have
a common interest in insuring that the Landfill is used in the best
possible and most efficient manner, the participating political
subdivisions agree that Authority membership and operation and
use of the Transfer Station and Landfill shall be governed by the
terms and conditions of the Amended and Restated Roanoke
Valley Resource Authority Members and Facilities Use Agreement
(“Use Agreement”), dated as of July 1, 2016, and as such Use
Agreement may be further amended from time to time.
The names, addresses, and initial terms of office of the members of the
(3)
Board of the Roanoke Valley Resource Authority (“Authority”) are as follows:
Name Address Term Expires
1. Anne-Marie Green 1216 Kessler Mill Road 12/31/2019
Salem, Virginia 24153
(Roanoke County)
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2. Rebecca Owens P.O. Box 29800 12/31/2018
Roanoke, Virginia 24018
(Roanoke County)
3. Keith Garman 8538 Bradshaw Road 12/31/2017
Salem, Virginia 24153
(Roanoke County)
4. Dennis Nalley 8301 Berrybrook Drive 12/31/2017
Salem, Virginia 24153
(Roanoke County)
5. Thomas C. Gates 5204 Bernard Drive 12/31/2019
Roanoke, Virginia 24018
(Roanoke County)
6. Michael Shockley 215 Church Avenue, SW 12/31/2018
Room 354
Roanoke, Virginia 24011
(Roanoke City)
7. Robert “Bobby” Edwards 3045 Poplar Lane 12/31/2019
Roanoke, Virginia 24014
(Roanoke City)
8. Joey Hiner 311 S. Pollard Street 12/31/2019
Vinton, Virginia 24179
(Town of Vinton)
9. Norman Michael Tyler* 114 N. Broad Street 12/31/2019
Salem, Virginia 24153
(City of Salem)
The terms of office of each of the members shall become effective on the date of
issuance of a certificate of joinder for the Authority by the State Corporation
Commission in accordance with Section 15.2-5112 of the Act and shall expire on the
date indicated above. Upon expiration of the foregoing terms, the governing body of
each participating political subdivision shall appoint the number of members, who may
be members of the governing body, set forth opposite its name below:
County of Roanoke - Five
City of Roanoke - Two
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Town of Vinton - One
City of Salem - One
It being the intention of these Articles that the governing body of the County of
Roanoke shall always appoint a majority of the members, whenever an additional
political subdivision shall join the Authority, the governing body of the County of
Roanoke shall be entitled to appoint one or more additional members in order to
maintain such majority. After expiration of the terms set forth above, each member shall
be appointed for a four-year term or until his or her successor is appointed and
qualified. Any additional members appointed by the County of Roanoke to maintain its
majority shall also be appointed for four-year terms. The governing body of each
political subdivision shall be empowered to remove at any time, without cause, any
member appointed by it and appoint a successor member to fill the unexpired portion of
the removed member’s term. Each member may be reimbursed by the Authority for the
amount of actual expenses incurred by him or her in the performance of his or her
duties.
(4) The purpose for which the Authority is to be formed is to exercise all the
powers granted to the Authority to acquire, finance, construct, operate, manage, and
maintain a garbage and refuse collection and disposal system and related facilities
pursuant to the Act. For purposes of these Articles, and any contracts or documents
entered into on behalf of the Authority, “garbage and refuse collection and disposal
system and related facilities” shall mean the collection and disposal of garbage and
refuse at and through one or more transfer facilities owned and operated by the
Authority and the associated landfill or disposal operations and including the authority to
engage in or provide for residential and/or commercial garbage and refuse collection
services. The Authority shall contract with the County of Roanoke, the City of Roanoke,
the Town of Vinton, and the City of Salem to furnish garbage and refuse collection and
disposal services upon identical terms and conditions including the same schedule of
service rates, fees, and charges of all types which shall be uniformly applicable to all
such political subdivisions. Subject to the terms of the Use Agreement, the Authority
may contract with other political subdivisions to furnish garbage and trash disposal
services upon such terms as the Authority shall determine. The Authority may contract
to make host locality payments to Roanoke County, the City of Roanoke, the City of
Salem, and the Town of Vinton to compensate such localities in consideration of
location of facilities within their communities and\\or for their support of the Authority. It is
not practicable to set forth herein information regarding preliminary estimates of capital
costs, proposals for specific projects to be undertaken, or initial rates for proposed
projects.
(5) The Authority shall serve the County of Roanoke, the City of Roanoke, the
Town of Vinton, the City of Salem, and to the extent permitted by the Act and by the
terms of these Articles and the Use Agreement, such other public or private entities as
the Authority may determine upon the terms and conditions established pursuant to
such contracts.
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(6) The Authority shall cause an annual audit of its books and records to be
made by the State Auditor of Public Accounts or by an independent certified public
accountant at the end of each fiscal year and a certified copy thereof to be filed
promptly with the governing body of each of the participating political subdivisions.
IN WITNESS WHEREOF the Board of Supervisors of Roanoke County, Virginia,
the Town Council of the Town of Vinton, the City Council of the City of Roanoke,
Virginia, the City Council of the City of Salem, Virginia, and the Board of Directors of the
Roanoke Valley Resource Authority have caused these Amended and Restated Articles
of Incorporation to be executed in their respective names, and their respective seals
have been affixed hereto and attested by the respective secretaries and/or clerks of
each.
ROANOKE VALLEY RESOURCE CITY OF ROANOKE, VIRGINIA
AUTHORITY
By: ________________________ By: ___________________________
Name: Anne Marie Green Name: David A. Bowers
Chair Mayor
Attest: __________________(SEAL) Attest: ___________________(SEAL)
Peggy Bishop, Secretary Stephanie M. Moon Reynolds, City
Clerk
ROANOKE COUNTY, VIRGINIA CITY OF SALEM, VIRGINIA
By: ________________________ By: _____________________________
Name: P. Jason Peters Name: Bryon R. Foley
Chair, Board of Supervisors Mayor
Attest: ___________________(SEAL)
Deborah C. Jacks,
Chief Deputy Clerk
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TOWN OF VINTON, VIRGINIA
By: ___________________________
Name: Bradley E. Grose
Mayor
Attest: ___________________(SEAL)
Susan N. Johnson, Town Clerk
\[End of Form of Articles\]
(7) A copy of the Amended and Restated Roanoke Valley Resource Authority
Members and Facilities Use Agreement is available for inspection in the Office of the
Roanoke City Clerk, Room 456, Municipal Building, Office of the Clerk to the Roanoke
County Board, 5204 Bernard Drive, Fourth Floor, Roanoke, Virginia 24018, Office of the
Vinton Town Manager, 311 South Pollard Street, Vinton, Virginia 24179, and Office of
the City of Salem Clerk of Council, 114 North Broad Street, Salem, Virginia 24153 and
also at the Executive Offices of the Roanoke Valley Resource Authority located at 1020
Hollins Road, N.E., Roanoke, Virginia 24012.
(8) (i) Privately-owned sanitary landfill services are not available in a
reasonable and cost efficient manner, and (ii) Operation by the Roanoke Valley
Resource Authority of a sanitary landfill and any related facilities and/or the contract for
such operation in spite of any potential anti-competitive effect is important to provide for
the development and/or operation of a regional system of garbage and refuse collection
and disposal for the County of Roanoke, the City of Roanoke, the Town of Vinton, the
City of Salem, and such other governmental units or private entities as the Authority
may determine.
(9) The Board further authorizes the Chairman of the Board and/or the County
Administrator to take any action and execute any documents, including the Application
for Joinder, necessary to accomplish the matters set forth in this resolution and to cause
the Amended and Restated Articles of Incorporation of the Roanoke Valley Resource
Authority to become effective so that the City of Salem, Virginia, becomes a member of
the Authority.
(10) That this resolution shall take effect immediately upon its adoption.
On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
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RESOLUTION 061416-2 AUTHORIZING AND PROVIDING FOR
AN ADDITIONAL PERIOD OF TIME FOR THE ROANOKE
VALLEY RESOURCE AUTHORITY TO EXIST AS A
CORPORATION, UPON CERTAIN TERMS AND CONDITIONS
WHEREAS, pursuant to section 15.2-5114(1) of the Code of Virginia (1950), as
amended, the Roanoke Valley Resource Authority was created and incorporated on
August 25, 1989, to exist for a term of 50 years as a corporation; and
WHEREAS, said section 15.2-5114(1) states that an authority may exist for such
further period or periods as may from time to time be provided by appropriate
resolutions of the political subdivisions which are members of the authority, provided,
however, the term of an authority shall not be extended beyond a date 50 years from
the date of the adoption of such resolutions; and
WHEREAS, the County of Roanoke, the City of Roanoke, the Town of Vinton,
and the City of Salem desire to provide by resolutions for an additional period of time for
the Roanoke Valley Resource Authority to exist as a corporation as authorized and
provided by section 15.2-5114(1) of the Code of Virginia (1950), as amended.
NOW, THEREFORE, BE IT RESOLVED that the \[locality\] hereby authorizes and
provides that the Roanoke Valley Resource Authority shall exist as a corporation for a
further period of time ending on and not to extend beyond January 1, 2066, as
authorized and provided by section 15.2-5114(1) of the Code of Virginia (1950), as
amended; and
BE IT FURTHER RESOLVED that this resolution shall take effect immediately
upon its adoption.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYES: None
RESOLUTION 061416-3 AUTHORIZING THE AMENDED AND
RESTATED ROANOKE VALLEY RESOURCE AUTHORITY
MEMBERS AND FACILITIES USE AGREEMENT, UPON
CERTAIN TERMS AND CONDITIONS
WHEREAS, the County of Roanoke (“County”), the City of Roanoke (“City”), the
Town of Vinton (“Town”), and the Roanoke Valley Resource Authority (“Authority”)
entered into the Roanoke Valley Resource Authority Members Use Agreement dated
October 23, 1991, (“Members Use Agreement”), as amended by the First Amendment
dated June 1, 1992, the Second Amendment dated December 2, 1996, the Third
Amendment dated February 1, 1999, the Fourth Amendment dated April 1, 2005, and
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the Fifth Amendment dated March 23, 2009, by which the Authority agreed to acquire,
construct, and equip a regional waste disposal system consisting of a landfill and
transfer station and related structures and equipment (“System”), and to provide
financing therefor in order to dispose of all non-hazardous waste delivered to such
system; and
WHEREAS, the County, City, Town, Authority, and City of Salem have all
determined that the City of Salem’s joinder to the Authority is in their best interests and
each jurisdiction has adopted an appropriate resolution to that effect; and
WHEREAS, the County, City, Town, Authority, and City of Salem desire to further
amend and restate the Members Use Agreement to provide for the terms and conditions
applicable to the City of Salem’s joinder as a member of the Authority as well as the
terms, conditions, and provisions applicable to the operation and use of the expanded
System by all authorized users.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The Amended and Restated Roanoke Valley Resource Authority
Members Facilities and Use Agreement is hereby approved in substantially the form
attached as Exhibit “A” to the Board Report dated June 14, 2016;
2. The County Administrator, and Chief Deputy Clerk are authorized to
execute and attest, respectively, in a form approved by the County Attorney, said
Amended and Restated Roanoke Valley Resource Authority Members Facilities and
Use Agreement, to include such changes as the County Administrator shall deem
appropriate and\\or necessary to carry out the purposes expressed therein; and
3. The County Administrator is authorized to take such further actions and
execute additional documents, in a form approved by the County Attorney, as may be
necessary or appropriate to implement and administer said Amended and Restated
Roanoke Valley Resource Authority Members Facilities and Use Agreement.
4. This resolution shall take effect immediately upon its adoption.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
RESOLUTION 061416-4 AMENDING PERMIT CONDITIONS AND
OPERATING POLICIES FOR THE ROANOKE VALLEY
RESOURCE AUTHORITY BY CHANGING THE “LANDFILL
USERS” SECTION LANGUAGE
WHEREAS, the Board of Supervisors of Roanoke County (“the Board”) granted a
Special Exception Permit by Resolution 62789-12 for the location and operation of a
solid waste facility on what is known as the “Smith Gap Site” located on the northwest
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side of Fort Lewis Mountain between Smith Gap and Bradshaw Road in the Catawba
Magisterial District;
WHEREAS, by separate action, Resolution 62789-10 the Board adopted Landfill
“Permit Conditions and Operating Policies (“Conditions and Policies”) on June 27, 1989,
for the Smith Gap Solid Waste Disposal Facility;
WHEREAS, the Board revised the Conditions and Policies dated October 22,
1992, as well as two minor revisions on February 24, 2009, July 12, 2011, and February
25, 2014, regarding the Operating Policies for the Host Community Improvement Fund;
WHEREAS, the Board approved the Joinder of the City of Salem to the Roanoke
Valley Resource Authority by Resolution on June 14, 2016, and also approved changes
to the Amended and Restated Roanoke Valley Resource Authority Members and
Facilities Use Agreement (“Use Agreement”) to reflect the addition of the City of Salem;
and approved the execution of sufficient documents to accomplish this goal; and
WHEREAS, the “Conditions and Policies” contain a section titled “LANDFILL
USERS” with language that requires updating to conform to the newly amended Use
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Landfill, Rail and Transfer Station “Permit Conditions and Operating
Policies” for the Roanoke Valley Resource Authority are hereby amended as
follows:
Existing Policy
LANDFILL USERS
The responsible Landfill Agency shall limit users of the Regional Landfill to
qualifying residents and businesses of Roanoke County, Roanoke City,
Vinton, Montgomery County and Salem. Private haulers will be allowed to
use the landfill only if the refuse that is submitted originates from one of the
municipalities previously mentioned and if they have applied for and obtained
a dump permit from the Landfill Operator.
Amended Policy
LANDFILL USERS
The responsible Landfill Agency shall limit users of the Regional Landfill to
qualifying residents and businesses of Users, the Designated Haulers, and
the Private Haulers, Contract Municipal Customers, and properly authorized
persons and entities disposing of Acceptable Waste generated within their
respective jurisdictions, and Emergency Temporary Users, all as specifically
provided in Section 3.2, Use of Facilities in the Amended and Restated
Roanoke Valley Resource Authority Members and Facilities Use Agreement
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dated as of July 1, 2016, as amended. The Regional Landfill shall not be
utilized by any other person or entity without the express prior consent of the
responsible Landfill Agency Board and the Board of Supervisors. Roanoke
County, Roanoke City, Vinton, Montgomery County and Salem. Private
haulers will be allowed to use the landfill only if the refuse that is submitted
originates from one of the municipalities previously mentioned and if they
have applied for and obtained a dump permit from the Landfill Operator.
2. That this policy amendment shall take effect immediately upon adoption.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
2. Resolution approving Roanoke County’s Secondary Roads System
(David
Six-Year Improvement Plan for fiscal years 2017-2022
Holladay, Planning Administrator)
Mr. Holladay outlined the request for the resolution. Chairman Peters
opened and closed the public hearing with no one to speak on this agenda item.
Chairman Peters commented that he felt the County’s effort should be
directed toward HB2.
Supervisor McNamara stated Old Cave Spring Lane has been on there 16
to 17 years ago and it seems to him that we should take some of these off because ten
years from now we will need the same amount of money due to inflation. Je agrees
HB2 is the way to go.
Chairman Peters then inquired about the order in which roads are repaved
and how do we pursue. Mr. Holladay responded it is an annual evaluation that the
district office performs.
RESOLUTION 061416-5 APPROVING THE SECONDARY SIX-
YEAR ROAD IMPROVEMENT PLAN FOR FISCAL YEARS 2017
THROUGH 2022 AND THE CONSTRUCTION PRIORITY LIST
AND ESTIMATED ALLOCATIONS FOR FISCAL YEAR 2017
WHEREAS, Sections 33.2-331 of the Code of Virginia (1950, as amended)
provides the opportunity for Roanoke County to work with the Virginia Department of
Transportation in developing a Secondary Six-Year Road Improvement Plan; and
WHEREAS, this Board had previously agreed to assist in the preparation of the
Secondary Six-Year Road Improvement Plan, in accordance with Virginia Department
of Transportation policies and procedures; and
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WHEREAS, a public hearing which was duly advertised on the proposed
Secondary Six-Year Improvement Plan for fiscal years 2017-2022 and Construction
Priority List and Estimated Allocations for fiscal year 2017 was held on June 14, 2016,
to receive comments and recommendations on Roanoke County’s Secondary Six-Year
Road Improvement Plan for fiscal years 2017-2022 as well as the Construction Priority
List and Estimated Allocations for fiscal year 2017.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors does
hereby approve the Secondary Six-Year Road Improvement Plan for Roanoke County
for fiscal years 2017-2022; and
BE IT FURTHER RESOLVED, that the Board of Supervisors does also hereby
approve the Construction Priority List and Estimated Allocations for fiscal year 2017;
BE IT FURTHER RESOLVED that a copy of this resolution duly attested to be
forthwith forwarded to the Virginia Department of Transportation Salem Residency
Office along with a duly attested copy of the proposed Roanoke County Secondary Six-
Year Road Improvement Plan for fiscal years 2017-2022 by the Clerk to the Board.
On motion of Supervisor McNamara to adopt the resolution, seconded by
Supervisor Assaid and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1.Ordinance authorizing and approving execution of a lease
agreement with the Roanoke County Schools for space located at
4850 Brambleton Avenue (on Cave Spring School Campus) to be
used as a police substation known at the South County
Substation (Ruth Ellen Kuhnel, County Attorney; Rob Light,
Acting Director of General Services)
Mr. Light provided the background on the request. He indicated that the
current substation is mobile home. Roanoke County will maintain the building; schools
maintain parking lot and grounds.
Ms. Kuhnel outlined the terms of the lease.
Supervisor Assaid stated he is an employee of Roanoke County Schools
and upon review of the State Code and in consultation with the County Attorney he is
able to vote fairly, objectively and in the public interest on the budget for the Roanoke
County Schools.
Supervisor Assaid’s motion to approve first reading and set the second
reading for June 28, 2018, was seconded by Supervisor Hooker and approved by the
following vote:
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AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
Ordinance amending Article I (General Provisions), Article II
2.
(Definitions and Use Types), Article III (District Regulations),
Article IV (Use and Design Standards) and Article V (Development
Standards of the Roanoke County Zoning Ordinance) (John
Murphy, Zoning Administrator)
Mr. Murphy outlined the request for the ordinance in conjunction with the
Planning Commission. There was no discussion.
Supervisor Peters’ motion to approve first reading and set the public
hearing second reading for June 28, 2018, was seconded by Supervisor Hooker and
approved by the following vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
3.Ordinance to appropriate funds in the amount of $800,000 from
the Commonwealth of Virginia to the Department of Social
Services General Fund budget for fiscal year 2015-2016
(Christopher Bever, Director of Management and Budget; Joyce
Earl, Director of Social Services)
Mr. Bever outlined the request for the ordinance noting it was a Federal
pass through. There was no discussion.
Supervisor Hooker’s motion to approve first reading and set the second
reading for June 28, 2018, was seconded by Supervisor Peters and approved by the
following vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
Ordinance accepting and appropriating funds in the amount of
4.
$10,000 from the Virginia Commission for the Arts (VCA) for the
Local Government Challenge Grant for fiscal years 2014-2015 and
2015-2016 (Christopher Bever, Director of Management and
Budget)
Mr. Bever outlined the request for the ordinance. There was no
discussion.
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300
Supervisor Peters’ motion to approve first reading and set the second
reading for June 28, 2018, was seconded by Supervisor Hooker and approved by the
following vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Ordinance accepting and appropriating funds in the amount of
$14,000 to the Roanoke County Public Schools from the Virginia
Department of Education for Science, Technology, Engineering
and Math Recruitment and Retention Incentive Awards (Rebecca
Owens, Director of Finance)
Ms. Owens advised there were no changes since the first reading. There
was no discussion.
ORDINANCE 061416-6 ACCEPTING AND APPROPRIATING
FUNDS IN THE AMOUNT OF $14,000 TO ROANOKE COUNTY
PUBLIC SCHOOLS FROM THE VIRGINIA DEPARTMENT OF
EDUCATION FOR SCIENCE, TECHNOLOGY, ENGINEERING,
AND MATH RECRUITMENT AND RETENTION INCENTIVE
AWARDS
WHEREAS, the Virginia Department of Education provides funds to award
incentives to teachers who receive a satisfactory evaluation and teaches a qualifying
Science, Technology, Engineering, and Math (STEM) subject in which they have an
endorsement in the same Virginia school division following the year in which the teacher
received the initial award; and
WHEREAS, fourteen teachers in the Roanoke County Public Schools have been
selected to receive the $1,000 incentive for meeting the specified criteria; and
WHEREAS, the incentive is taxable to the recipient and the school division
assumes responsibility for ensuring all taxes are remitted; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, first reading of this ordinance was held on May 24, 2016, and the
second reading was held on June 14, 2016.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $14,000 is hereby appropriated to the Roanoke County
Public Schools; and
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301
2. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
Ordinance authorizing the vacation of a 0.014 acre portion of a
2.
right-of-way shown as Dawn Marie Court on the plat of Section
No. 1, Hanging Rock Estates, recorded in the Clerk's Office of the
Circuit Court for the County of Roanoke, Virginia in Plat Book 18,
Page 156 and located in the Catawba Magisterial District (Tarek
Moneir, Deputy Director of Development)
Mr. Moneir advised there were no changes from first reading. There was
no discussion.
ORDINANCE 061416-7 AUTHORIZING THE VACATION OF A
0.014 ACRE PORTION OF A RIGHT-OF-WAY SHOWN AS
DAWN MARIE COURT ON THE PLAT OF SECTION NO. 1,
HANGING ROCK ESTATES, RECORDED IN THE CLERK’S
OFFICE OF THE CIRCUIT COURT FOR THE COUNTY OF
ROANOKE, VIRGINIA IN PLAT BOOK 18, PAGE 156 AND
LOCATED IN THE CATAWBA MAGISTERIAL DISTRICT
WHEREAS, the plat of Section No. 1, Hanging Rock Estates recorded in the
Clerk’s Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 18, page
156, established a 0.014 acre portion designated as Dawn Marie Court; and
WHEREAS, BGGT, LLC (Lot 44 Section No. 1 Hanging Rock Estates; Tax Map
No. 035.04-04-78.00-0000) and Graham-Thomas, LLC (Tax Map No. 035.04-02-33.00-
000) wish to re-subdivide their properties to create two (2) additional lots at the end of
Dawn Marie Court to provide the required road frontage on the cul-de-sac bulb for the
other two (2) lots; and
WHEREAS, Dawn Marie Court on the plat of Section No. 1, Hanging Rock
Estates currently has never been improved and accepted into the Virginia Department
of Transportation (VDOT) Secondary Road System however, BGGT, LLC has agreed to
take the necessary steps to get the entire road into the system; and
WHEREAS, Dawn Marie Court was platted and built to the adjacent 32.99 acres
of land for future development. However, Graham-Thomas, LLC the current property
owner of the of the 32.99 acres has determined that due to topography, the extensive
grading required, the stream and wetlands mitigation and the resulting low lot count it is
not economically feasible to extend Dawn Marie Court; and
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302
WHEREAS, the above described 0.014 acre portion is indicated on the plat dated
4-21-2016, prepared by Balzar and Associates and attached hereto as Exhibit “A”; and
WHEREAS, no other property owner will be affected by the vacation of this
undeveloped portion of said Dawn Marie Court; and
WHEREAS, this vacation will not involve any costs to the County and the
affected County departments have raised no objection; and
WHEREAS, this notice has been given as required by Section 15.2-2204 of the
Code of Virginia (1950, as amended); and
THEREFORE, 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 Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by
ordinance. A public hearing and first reading of this ordinance was held on May 24,
2016, and a second reading of this ordinance was held on June 14, 2016.
2. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the subject real estate (Dawn Marie Court, 0.014 acre portion ) is hereby
declared to be surplus and the nature of the interests in real estate renders it
unavailable for other public use.
3. That this 0.014 acre portion, Dawn Marie Court, being designated and shown
as Lot 44 Section No. 1 Hanging Rock Estates; Tax Map No. 035.04-04-78.00-0000)
and, Tax Map No. 035.04-02-33.00-000, plat of Section No.1, Hanging Rock Estates,
Plat Book 18, page 156, in the Catawba Magisterial District of the County of Roanoke,
and hereby is vacated pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as
amended.
4. That a 0.014 acre portion right-of-way is accepted, reserved and maintained
for public purposes in the area previously designated as “Dawn Marie Court” as shown
on the Exhibit “A” attached hereto.
5. That all costs and expenses associated herewith, including but not limited to
publication, survey and recordation costs, shall be the responsibility of the Petitioners.
6. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such actions as may be
necessary to accomplish the provisions of this ordinance, all which shall be on form
approved by the County Attorney.
7. That this ordinance shall be effective on and from the date of its adoption, and
a certified copy of this ordinance shall be recorded in the Clerk’s Office of the Circuit
Court of Roanoke County, Virginia, in accordance with Section 15.2-2272 of the Code of
Virginia (1950, as amended).
On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor
Assaid and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
June 14, 2016
303
IN RE: CONSENT AGENDA
RESOLUTION 061416-8 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for June 14,
2016, designated as Item I - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 4 inclusive, as follows:
1. Approval of minutes – April 26, 2016
2. Request to donate surplus vehicle to the Regional Virginia Alcohol and
Substance Abuse Program (VASAP) and Court Community Corrections
Program (CCCP)
3. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Linda D. Cannon, Deputy Sheriff, upon her retirement
after more than twenty-one years of service
4. Confirmation of appointment to the Planning Commission (by District)
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Assaid and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
A-061416-8.a
RESOLUTION 061416-8.b EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO LINDA D. CANNON, DEPUTY SHERIFF, UPON HER
RETIREMENT AFTER MORE THAN TWENTY-ONE YEARS OF
SERVICE
WHEREAS, Linda D. Cannon was employed by Roanoke County on October 11,
1994; and
WHEREAS, Ms. Cannon retired on June 1, 2016, after twenty-one years and
eight months of devoted, faithful and expert service to Roanoke County; and
WHEREAS, Ms. Cannon served as the Corrections Division Cook; and
June 14, 2016
304
WHEREAS, Ms. Cannon served as a Deputy Sheriff on April 14, 1997, and was
selected on September 1, 2001, for the Master Deputy Program until July 1, 2003; and
WHEREAS, Ms. Cannon was promoted to the rank of Sergeant on August 28,
2003, until December 15, 2004,during her tenure with Roanoke County and has served
with professionalism and dedication in providing services to the citizens of Roanoke
County.
WHEREAS, NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County expresses its deepest appreciation and the
LINDA D. CANNON
appreciation of the citizens of Roanoke County to for more than
twenty-one years of capable, loyal and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Assaid and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
A-061416-8.c
IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
Wendy Jones, Executive Director of the Williamson Road Business
Association outlined the Star city Sock Hop, which will be held at Preston Park on June
23, 2016. She provided tickets for each Board member.
IN RE: REPORTS
Supervisor McNamara moved to receive and file the following reports.
The motion was seconded by Supervisor Hooker and carried by the following recorded
vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara Peters
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Hooker commented that she wanted to report on the day she
had this past Friday where she had the opportunity to go on a ride along with Fire
June 14, 2016
305
Station #1 and it was a really great day. She expected to learn about the duties the
challenges, the opportunities they faced every day. They went to assist a gentleman
who had fallen, took him to Lewis Gale. They went with Station #5 to Mountain View
Elementary School and reviewed their safety procedures. While there, we reviewed
some of their equipment and vehicles and had a better understanding of that. There
was another call for a downed powerline and also for assisting a gentlemen who
needed medical assistance. It was a busy day, which was expected. She was
particularly impressed with the level of compassion that our staff shows on every call,
with every individual and it was just exceptional and she just wanted to say to the whole
County how proud she was of our firefighters that are performing this work. It is not
always easy and it is often times very dangerous and they performed exceptionally.
Supervisor McNamara commented this has been the quickest meeting we
have had in several years. There was not a lot on the agenda, but important to some
people though.
Supervisor Bedrosian commented since a lot of people watch online and
people have called him, but he does not know their names or how to get in contact with
them. As many of you may know, his wife passed away a month ago and they are
having a celebration of her life at the Sunnybrook Inn on Plantation Road. He opens it
th
up to the Board members on June 30, 4-9. He has been very gracious to his children
who want to decorate and put out all of his wife’s china and things that she loved to so.
Drop in and we can talk. He added that he always tries to nudge the United Way away
from Planned Parenthood at Board meeting. As you know, only five percent of the
United Ways around the country fund Planned Parenthood and ours is one of them.
Since we help facilitate them and are partners with them, he would love to nudge them
away from doing that. If you ever get the chance, call them up and tell them to stop
funding Planned Parenthood here in Roanoke.
Supervisor Peters commented there is something that has been underway
for the past couple of months has come to a final draft: our Strategic Plan. This is
something we have been working on and wants to commend staff on a great job with
job. There are two dates that he wants to make everyone aware of is this Thursday,
June 16, 2016 from 3 to 5 and from 7 to 9 at the Vinton War Memorial. The second
date is on Monday, June 27, 2016, at the South County Library, same times 3 to 5 and
7 to 9. This will be your glimpse into what has been going on for the last several
months and people and citizens have come together to shape where we are going for
the next five to seven years. Secondly, our graduates, we had a lot of kids graduate
last Wednesday from Roanoke County. His son was one of them; as those kids open
up the next chapter in their lives he hopes they will pursue their dreams and let nothing
stand in their way. Richard Turner who is our principal over at William Byrd High School
retired after twenty-four years and knows he will still be within the school system. He
did a great job for us and was actually there when he was in school as his Assistant
Principal. He commends him for the work he has done. He went to an event on
Saturday, the Philippine American Association here in Roanoke and it was very
June 14, 2016
306
interesting to him and he could see how the challenges some people have had to work
through to get where they are today and the suppression and things that have
happened to those people and want to publically say he was very grateful for the
invitation and also to see some of the history and what they went through was amazing.
He spoke to them about our Strategic Plan and welcomed them into our society and let
us all work as one. As he usually tries to end all of his comments about our employees.
Everything we do in Roanoke County would not be successful if it were not for our staff
and appreciate everything they do from the men and women on the streets to the ones
in the backrooms to the teachers in the classrooms is the cause of why we are
successful.
IN RE: CLOSED MEETING
At 3:58 p.m., Supervisor Peters moved to go into closed meeting following
the work sessions pursuant to the Code of Virginia Section 2.2-3711 A 1 Personnel,
namely discussion concerning appointment to the Western Virginia Water Authority.
The motion was seconded by Supervisor Hooker and carried by the following recorded
vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
Chairman Peters was not in attendance for the closed session. The
closed session was held from 5:35 p.m. until 6:30 p.m.
th
At 3:59 p.m. Chairman Peters adjourned to the 4 Floor for work session.
IN RE: WORK SESSIONS
1.Work session to discuss Roanoke County's Legislative Program
and preparation for the 2017 session of the Virginia General
Assembly (Ruth Ellen Kuhnel, County Attorney)
In attendance for this work session were Eldon James, Sue Rowland and
Torie Williams. Mr. James went through brief overview of 2016 session and Ms.
Kuhnel went through PowerPoint presentation. It was the recommendation to establish
a legislative committee.
Supervisor McNamara was in agreement with the committee commenting
the more we can get involved, thinks it will make a big difference. He added that he
feels it is more important to have an elected official versus a staff person to talk with the
legislators and every Board member should try to get to legislative day in Richmond.
Thomas Gates, County Administrator stated he was in agreement with Mr.
June 14, 2016
307
McNamara and will bring back the formalization of the legislative committee to the
Board at a future date.
The work session was held from 4:16 p.m. until 5:20 p.m.
IN RE: CERTIFICATION RESOLUTION
At 6:30 p.m., Supervisor McNamara moved to return to open session and
to adopt the certification resolution.
RESOLUTION 061416-9 CERTIFYING THE CLOSED MEETING
WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed 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 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each member’s
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies; and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor McNamara to adopt the resolution, seconded by
Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara
NAYS: None
ABSENT: Supervisor Peters
308 June 14, 2016
IN RE: ADJOURNMENT
Vice Chairman McNamara adjourned the meeting at 6:31 p.m.
S emitted by: Approved by:
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De•orah C. Jacr P. Jaso Peters
Chief Deputy CI- to the Board Chairman