5/14/1996 - Regular
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Roanoke county Board of supervisors
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, virginia 24018
May 14, 1996
The Board of supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
second Tuesday, and the first regularly scheduled meeting of the month
of May 1996.
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3: 02 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman Bob L. Johnson, Vice chairman Harry C.
Nickens, supervisors Lee B. Eddy, Fenton F.
"spike" Harrison, H. Odell "Fuzzy" Minnix
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, county Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk;
John M. Chambliss, Assistant County Administrator;
Don C. Myers, Assistant County Administrator;
Anne Marie Green, Director, community Relations
IN RE:
OPENING CEREMONIES
The invocation was given by the Reverend Branan G.
Thompson, Colonial Avenue Baptist Church.
The Pledge of
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May 14, 1996
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Allegiance was recited by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Supervisor Minnix advised that he may leave later
during the meeting to attend an event at Cave Spring High School.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
k Proclamation declaring the week of May 19 - 25.
1996 as Ruritan Week in Roanoke county.
Chairman Johnson presented the proclamation to Lou
Rader, Bonsack/Blue Ridge Area Ruritan Club.
supervisor Johnson moved to approve the proclamation.
The motion carried by a unanimous voice vote.
.2....t.. Proclamation declaring the weeks of May 4 - 19.
1996 as Virginia Heritage Tourism Weeks in Roanoke
County.
Chairman Johnson presented the proclamation to Dr. John
Kern, Roanoke Regional Preservation Office, Martha Mackey,
Roanoke Valley Convention and Visitors Bureau, and Joyce Waugh,
President-elect of the Roanoke Valley Preservation Foundation.
supervisor Eddy moved to approve the proclamation. The
motion carried by a unanimous voice vote.
h Proclamation declaring the week of May 19 - 25,
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May 14, 1996
297
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1996. as Emergency Medical Services Week in
Roanoke County.
Chairman Johnson presented the proclamation to Rob
Logan , Executive Director, Western virginia Emergency Medical
services council.
Supervisor Minnix moved to approve the proclamation.
The motion carried by a unanimous voice vote.
IN RE:
BRIEFINGS
h Briefing from the Clerk of Circuit Court on the
Courts Filing System. (Steven A. McGraw. Clerk of·
Circuit Court)
Chairman Johnson announced that this item was placed on
the agenda only to present the following surprise resolution to
Judge Apostolou.
~ Resolution of Appreciation upon the retirement of
Judge John L. Apostolou.
R-051496-1
Chairman Johnson presented the resolution to Judge
Apostolou who was present to accept.
supervisor Minnix moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
298
May 14, 1996
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RESOLUTION 051496-1 OF APPRECIATION TO JOHN L.
APOSTOLOU FOR SERVICE AS JUDGE OF THE 23RD JUDICIAL
DISTRICT OF VIRGINIA GENERAL DISTRICT COURT
WHEREAS, John L. Apostolou has served as a Judge of the
General District Court of the 23rd Judicial District of virginia,
which serves Roanoke County, the cities of Salem and Roanoke and
the Town of Vinton, since 1985; and
WHEREAS, Judge Apostolou also served as Assistant
commonwealth's Attorney for the city of Roanoke, acting Judge of
the Juvenile and Domestic Relations District Court for the City,
and as
substitute Judge of the District Courts; and
WHEREAS, during his time on the bench, Judge Apostolou
has been active in various statewide and national associations,
including the Roanoke Bar Association, the virginia State Bar
Association and the American Bar Association; and
WHEREAS, Judge Apostolou has served the citizens of the
Roanoke Valley in an equitable and just manner, providing fair
hearings and decisions to the hundreds of people who have passed
through his courtroom; and
WHEREAS, Judge Apostolou will be retiring from the
General District Court on June 1, 1996.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
supervisors of Roanoke County, virginia, does hereby extend its
appreciation and gratitude to John L. Apostolou for his service
as Judge of the 23rd JUdicial District of virginia General
District Court; and
BE IT FURTHER RESOLVED, that the Board of Supervisors
extends its best wishes to Judge Apostolou for a happy, healthy
and rewarding retirement.
On motion of supervisor Minnix to adopt the resolution,
and carried by the following recorded vote:
AYES:
NAYS:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IN RE:
NEW BUSINESS
k Request from the School Board for the following
May 14, 1996
299
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appropriations: (Dr. Deanna Gordon. superintendent
of Schools)
supervisor Johnson asked if the three school issues
could be handled in one motion.
County Attorney Paul Mahoney
advised affirmatively, but advised that it would take a vote of
the Board to accomplish.
supervisor Eddy advised that he was
prepared to vote on each issue separately because he planned to
oppose one of them.
supervisor Nickens agreed with supervisor
Johnson and moved to vote on all three issues in one vote. The
motion carried by the following recorded vote:
AYES:
supervisors Harrison, Nickens, Johnson
NAYS:
supervisors Eddy, Minnix
There was extensive discussion on whether the funds
being requested for these projects included enough for the
equipment and furniture.
School superintendent Deanna Gordon
advised that the funding for Northside High School includes funds
for equipment and furniture. Mr. Hodge advised that possibly $5
to $7 million more will be necessary to complete renovations at
Cave spring Junior High School.
supervisor Minnix moved to approve all three issues
plus an
additional $5 million in virginia Public School
Authority funds for Cave spring Junior High School (Item 1-a).
The motion was defeated by the following recorded vote:
AYES:
supervisors Minnix
300
May 14, 1996
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NAYS: supervisors Eddy, Harrison, Nickens, Johnson
In response to questions about the facility needs
study, Dr. Gordon advised that the RFP calls for a detailed study
of all areas of the county, with the exception of South County
because that study has already been conducted.
supervisor Johnson moved to reconsider the first vote
and vote separately on each issue. The motion carried by the
following recorded vote:
AYES: supervisors Eddy, Minnix, Harrison, Johnson
NAYS: supervisor Nickens
h $2.5 million Literary Loan for Ul.:
conditioning/renovations at Cave spring
Junior High School.
R-051496-2
supervisor Nickens offered a substitute motion to table
this item until the school facility study is complete. The
motion was defeated by the following recorded vote:
AYES: supervisors Minnix, Nickens
NAYS: supervisors Eddy, Harrison, Johnson
Supervisor Nickens made a substitute motion to increase
the funding to $7.5 million with county staff determining the
funding method for the increase. The motion was defeated by the
following recorded vote:
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May 14, 1996
301
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AYES:
Supervisors Minnix
NAYS:
supervisors Eddy, Harrison, Nickens, Johnson
Supervisor Johnson moved to approve the literary loan
for $2.5 million.
The motion carried by the following recorded
vote:
AYES:
supervisors Minnix, Harrison, Johnson
NAYS:
Supervisors Eddy, Nickens
RESOLUTION 051495-2 APPROPRIATING
$2.5 MILLION FOR THE RENOVATIONS TO
CAVE SPRING JUNIOR HIGH SCHOOL
WHEREAS, by Resolution adopted on April 25, 1996 the
county School Board of Roanoke County requested an appropriation
of $2.5 Million from the Board of Supervisors of Roanoke County
for the air conditioning and renovation of Cave spring Junior
High School; and,
WHEREAS, an application for a loan in the amount of
$2.5 Million was approved and the Board of supervisors has
advanced $500,000 to commence work on this project; and,
WHEREAS, the School Board requests the acceptance and
appropriation of $2.5 Million Literary Fund loan for the air
conditioning and renovation project at Cave spring Junior High
School.
NOW THEREFORE, BE IT RESOLVED, By the Board of
supervisors of Roanoke County, Virginia:
1. That Roanoke county accepts the currently awarded
Literary Fund loan of $2.5 Million, and appropriates the proceeds
of this loan to the County School Board of Roanoke county for the
air conditioning and renovation project at Cave spring Junior
High School.
On motion of Supervisor Johnson to adopt the resolution
approving the $2.5 Million Literary Fund Loan, and carried by the
following recorded vote:
AYES:
Supervisors Minnix, Harrison, Johnson
302
May 14, 1996
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NAYS:
supervisors Eddy, Nickens
~ $2.8 million appropriation for completion of
the Northside High School Project.
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supervisor Harrison moved to approve the $2.8 million
appropriation.
The motion carried by the following recorded
vote:
AYES:
supervisors Eddy, Harrison, Johnson
NAYS:
Supervisors Minnix, Nickens
RESOLUTION 051496-3 APPROPRIATING
$2.8 MILLION FOR THE COMPLETION OF
THE NORTHSIDE HIGH SCHOOL PROJECT
WHEREAS, by Resolution adopted on April 25, 1996 the
county School Board of Roanoke County requested an appropriation
of $2.8 Million from the Board of supervisors of Roanoke County
for the completion of the Northside High School Project; and,
WHEREAS, $3.1 Million has already been authorized for
expenditure for Phase I of the construction of a
gymnasium/auditorium/classroom addition to Northside High School;
and,
WHEREAS, the School Board requests the acceptance and
appropriation of $1.5 Million Literary Fund loan and the
appropriation of $1.3 Million from Roanoke County's
unappropriated fund balance in order to complete Phase II of this
project.
NOW THEREFORE, BE IT RESOLVED, By the Board of
supervisors of Roanoke County, virginia:
1. That in order to complete the construction of the
gymnasium/auditorium/classroom addition to Northside High School
the following actions are hereby approved and authorized:
a. That Roanoke County accepts the currently
awarded Literary Fund loan of $1.5 Million,
May 14, 1996
303
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and appropriates the proceeds of this loan to
the County School Board of Roanoke County;
and
b. That the sum of $1.3 Million is to be
borrowed from the Fall 1996 VPSA Sale to
complete the Northside project.
On motion of supervisor Harrison to adopt the
resolution approving the $2.8 Million appropriation, and carried
by the following recorded vote:
AYES:
NAYS:
supervisors Eddy, Harrison, Johnson
supervisors Minnix, Nickens
-º.L
$600.000
$300.000
appropriation
for
instructional equipment and materials for
Glenvar Middle School.
R-051496-4
supervisor Nickens moved to increase the appropriation
to $1 million. The motion was defeated by the following recorded
vote:
AYES:
supervisors Nickens
NAYS:
supervisors Eddy, Minnix, Harrison, Johnson
supervisor Johnson moved to approve the $600,000
appropriation. The motion was defeated by the following recorded
vote:
AYES:
Supervisors Harrison, Johnson
NAYS:
supervisors Eddy, Minnix, Nickens
Supervisor Eddy moved to approve only a $300,000
appropriation.
The motion carried by the following recorded
vote:
304
May 14, 1996
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AYES:
supervisors Eddy, Harrison, Johnson
NAYS:
supervisors Minnix, Nickens
RESOLUTION 051496-4 APPROPRIATING
$600,000 $.~~Þ.4:~Þ§ FOR INSTRUCTIONAL
EQUIPMENT ···AND......MATERIALS FOR GLENVAR
MIDDLE HIGH SCHOOL
WHEREAS, by Resolution adopted on April 9, 1996 the
county School Board of Roanoke county requested an appropriation
of $600,000 from the Board of supervisors of Roanoke county for
instructional equipment and materials for Glenvar Middle School.
NOW THEREFORE, BE IT RESOLVED, By the Board of
supervisors of Roanoke county, virginia:
1. That Roanoke County appropriates the sum of
$600, 000 $:~::º:º:WÞÞ::Þ.: from the Capital Fund unappropriated Balance to
the County School Board of Roanoke County to provide
instructional equipment and materials for Glenvar Middle School.
On motion of supervisor Eddy to adopt the resolution
and approve $300,000 appropriation, and carried by the following
recorded vote:
AYES:
NAYS:
supervisors Eddy, Harrison, Johnson
supervisors Minnix, Nickens
After the votes, Dr. Gordon reported that it was her
understanding in the past that requests for funding for school
renovations would include costs for construction only and not
computers, furniture and other equipment.
She asked how to
proceed in the future. Chairman Johnson responded that while the
loans are usually only for construction costs, the Board needs a
true "bottom line" of all costs, including equipment and other
operations costs.
~ Request to approve a sanitary sewer extension
May 14, 1996
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along Westward Lake Drive.
(Gary Robertson,
utility Director)
A-051496-5
Mr. Robertson advised that in september 1993, staff
received a petition from the residents on Westward Lake Drive
requesting extension of sewer service to their properties because
of failing drain fields. A preliminary study indicated that 12
properties could be served at a cost of $60,000 or $5,000 per
property.
Only seven properties owners were willing to pay the
construction costs which were increased to $8,000. The increased
costs made the project not feasible at that time.
Mr. Robertson indicated that if the sewer line is
constructed while the contractor is completing phase I of the
north transmission line, a savings of more than $5,000 could be
realized. with an estimated cost at $55,000 this would require
that $16,000 be allocated from the unappropriated balance of the
Sewer Fund. Staff recommended that the project be approved if a
minimum of six property owners participate at a cost of $6,500
each. The property owners who connect at a later date would pay
the $6,500 cost plus the off-site facility fee.
supervisor Harrison moved to approve the extension.
The motion carried by the following recorded vote:
AYES:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
306
May 14, 1996
h
Approval of agreement to accept a contribution in
lieu of service charge from Lutheran Family
Services of virginia. Inc. (Paul Mahoney. County
Attorney)
A-051496-6
Mr. Mahoney reported that this agreement authorizes the
Commissioner of the Revenue to determine that Lutheran Family
services of virginia (LFSV) is exempt from local real estate and
personal property taxes so long as it is eligible for tax exempt
status. LFSV would pay a 20% service charge of the real estate
tax rate. Mr. Mahoney explained that the 20% figure is the
maximum allowed by the state Code.
supervisor Eddy moved to approve the contribution. The
motion carried by the following recorded vote:
AYES: supervisors Eddy, Minnix, Harrison, Nickens
NAYS: supervisor Johnson
IN RE: REQUESTS FOR WORK SESSIONS
k Request for work session on williamson Road Master
Plan (Hollins village Master Plan). (Terry
Harrington. Planning & Zoning Director)
Mr. Harrington updated the Board of the plans for the
Hollins village Master Plan and requested a work session on May
28 to present funding and programmatic options. It was the
consensus of the Board to set a work session for May 28, 1996.
May 14, 1996
307
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(This was later moved to June 11, 1996.)
IN RE:
FIRST READING OF ORDINANCES
~ Ordinance authorizing property rental agreement
for a parcel of land adjacent to the Roanoke
County Service Center in connection with VDOT I-
81 Project. (Paul Mahoney. County Attorney)
Mr. Mahoney advised that Branch Highways wishes to
lease the property for parking purposes. He reported there would
be no rental charged to Branch Highways for the lease.
supervisor Minnix moved to approve the first reading
and set the second reading for May 28, 1996. The motion carried
by the following recorded vote:
AYES:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
.2....t.. Ordinance amending and adding a new section to
Chapter 17. Procurement Code. Roanoke county Code,
to authorize the use of Value Engi~eering on
certain projects.
(Elaine Carver. Procurement
Director)
Ms. Carver explained that Value Engineering was a
process of review and analysis of a project design performed by a
team of people not involved in the design of the project. Staff
308
May 14, 1996
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contacted several sources to formulate their recommendations.
staff is recommending that Value Engineering should be solicited
for any capital construction project costing $2,500,000 or more.
Ms. Carver also recommended that a Value Engineering Team be
established consisting of a representative from the user
department, General Services, Engineering, Finance, Procurement
and the Architect of Record to review all projects estimated to
cost at least $2.5 million.
supervisor Nickens made several suggested changes to
the ordinance and moved to approve the first reading with the
following changes: (1) reduce threshold for Value Engineering to
$2 million; (2) include citizens on the team; (3) any requests
for waiver would be brought to the Board for approval; (4) and
set the second reading for May 28, 1996. The motion carried by
the following recorded vote:
AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
Chairman Johnson advised that he would contact the
School Board regarding the adoption of a Value Engineering policy
for county construction projects.
~ Ordinance authorizing the conveyance of a sanit~ry
sewer easement to Strauss Construction extending
across Green Hill Park. (Pete Haislip. Parks and
May 14, 1996
309
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Recreation Director)
Mr. Haislip reported that strauss Construction has
requested a sanitary sewer easement and extension through Green
Hill Park to a new subdivision adjacent to the park.
strauss
construction has agreed to install two lateral sewer lines to
service future restroom facilities; pay Roanoke county $1,000 for
on-site park improvements; and schedule installation so it would
not interfere with park activities.
supervisor Harrison moved to approve the first reading
and set the second reading for May 28, 1996. The motion carried
by the following recorded vote:
AYES:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
~ ordinance authorizing conveyance of an easement to
Appalachian Power company for overhead electric
service across a portion of property off sugar
Loaf Mountain Road to serve the water tank for the
South County Transmission Lines project. (Paul
Mahoney. county Attorney)
There was no discussion. supervisor Eddy moved to
approve the first reading and set the second reading for May 28,
1996. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
310
May 14, 1996
NAYS:
None
~ Ordinance authorizing conveyance of an easement to
Appalachian Power Company for overhead electric
service across a portion of property on Merriman
Road. (Paul Mahoney. County Attorney)
There was no discussion. supervisor Minnix moved to
approve the first reading and set the second reading for May 28,
1996. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
~ Ordinance authorizing conveyance of an easement to
APpalachian Power company for overhead electric
service along Merriman Park property (Paul
Mahoney. County Attorney)
There was no discussion. supervisor Minnix moved to
approve the first reading and set the second reading for May 28,
1996. The motion carried by the following recorded vote:
AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
~ Ordinance declaring a parcel of real estate
May 14, 1996
311
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identified as the pine Mountain Well Lot. Tax Map
No. 87-19-2-9 to be surplus and accepting an offer
for the sale of same.
(Paul Mahoney. County
Attorney)
There was no discussion.
supervisor Minnix moved to
approve the first reading and set the second reading for May 28,
1996. The motion carried by the following recorded vote:
AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
h Ordinance vacating a portion of the subdivision
plat for Hunting Hills. section 3. of record in
Plat Book 6, Page 63, to remove the "well lot"
restriction placed on Tax Map No. 88.13-3-28.
(Paul Mahoney, county Attorney)
Mr. Mahoney explained that the Board authorized the
sale of this well lot on May 23, 1995.
In closing the
transaction, an objection was raised with respect to the apparent
restriction or limitation placed on the well lot by the terms of
the subdivision plat which limits the use of the property to a
well lot only. Mr. Mahoney recommended that the Board adopt an
ordinance vacating the portion of the subdivision plat. which
restrict the use of the lot to a well lot.
supervisor Minnix moved to approve the first reading
312
May 14, 1996
and set the second reading for May 28, 1996. The motion carried
by the following recorded vote:
AYES: supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
~ Ordinance vacating a 50 foot unimproved right-of-
way referred to as Britaney Road which is located
between the intersection of Britaney Road and
Setter Road for approximately 130 feet in length,
Hollins Magisterial District. (Arnold covey,
Director. Engineering & Inspections)
Mr. Covey advised that the petitioner, Charles R.
simpson, on behalf of Roanoke county Land Venture wishes to
vacate the right-of-way which will be evenly divided and combined
with property adjacent to both sides of the right-of-way. Staff
supported the vacation and requested that a water and sewer
easement be put in its place.
Supervisor Johnson moved to approve the first reading
and set the public hearing and second reading for May 28, 1996.
The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
~ Ordinance vacating a 20 foot sanitary sewer
May 14, 1996
313
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easement and a 20 foot drainage easement located
parallel to the west property line of Lot lOA.
Belle Grove SUbdivision. Phase
1. Hollins
Magisterial District.
(Arnold Covey, Director.
Engineering & Inspections)
Mr. Covey reported that the petitioners, Terry Parsell
and Diane zeigler on behalf of Belle Grove Development
corporation are requesting vacation of the easements to
reconfigure and adjust lot lines for development purposes.
Supervisor Johnson moved to approve the first reading
and set the public hearing and second reading for May 28, 1996.
The motion carried by the following recorded vote:
AYES:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
SECOND READING OF ORDINANCES
~ Ordinance authorizing conveyance of an access
easement to Kidd. craighead, and Steele & Waldron
across a portion of Starkey Park. (Paul Mahoney.
County Attorney)
0-051496-7
There was no discussion.
Supervisor Minnix moved to
adopt the ordinance.
The motion carried by the following
recorded vote:
314 May 14, 1996
AYES: supervisors Eddy, Minnix, Harrison, Nickens
NAYS: None
ABSTAIN: Supervisor Johnson
ORDINANCE 051496-7 AUTHORIZING THE
CONVEYANCE OF AN ACCESS EASEMENT TO
KIDD, CRAIGHEAD AND STEELE & WALDRON
ACROSS A PORTION OF STARKEY PARK
WHEREAS, David E. and virginia L. Kidd, Jeffrey A. and
Marjorie K. craighead, and T. D. Steele & Elbert H. Waldron (the
"petitioners") have petitioned the Board of supervisors for the
dedication and conveyance of an easement across a portion of
starkey Park (Tax Map No. 97.05-1-25) to access their adjoining
properties identified as Tax Map Nos. 97.01-2-5, 7, 8, and 9; and
WHEREAS, in order to secure financing to construct a
dwelling on adjoining property and to reflect the presence of
this existing farm road and access to the adjoining properties,
the petitioners require from the County the conveyance of certain
interests in real estate; and
WHEREAS, the county requires
certain assurances with respect to
responsibilities, future development, and
easement; and
from the petitioners
future maintenance
relocation of the
WHEREAS, the petitioners request the county to adopt
this ordinance pursuant to the provisions of section 16.01 and
section 18.04 of the Roanoke County Charter in order to achieve
their respective and mutual goals; and that the real estate in
question does not conflict with other public uses and will
ultimately serve a public purpose, and is hereby declared to be
surplus; and,
WHEREAS, the County's receipt of nominal consideration
and other assurances constitutes a fair consideration for the
conveyance of county real estate interests to the petitioners;
and,
WHEREAS, the first reading of this ordinance was held
on April 23, 1996, and the second reading and public hearing was
held on May 14, 1996.
BE IT ORDAINED By the Board of supervisors of Roanoke
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May 14, 1996
315
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County, virginia:
1. That in consideration for the nominal
consideration of Ten ($10.00) Dollars and other assurances the
conveyance to the petitioners of the following interest in real
estate identified as a fifteen (15') feet wide access easement as
shown on a plat dated May 3, 1995 prepared by Donnie W. Slusher
is hereby authorized.
2. That the petitioners hereby assure the County that
in consideration of this conveyance the County will have no
obligation to repair or maintain the access road or bridge across
Back Creek (absent its gross negligence), that access to and
future development of the adjoining properties shall be limited
in accordance with the family sUbdivision provisions of the
Roanoke county Code, and that the petitioners agree to the
relocation of this access easement if required by the county.
3. That the County Administrator, or his designee, is
hereby authorized to execute such documents and take such actions
on behalf of Roanoke County as may be necessary to accomplish the
exchanges, all of which shall be on form approved by the County
Attorney.
On motion of supervisor Minnix to adopt the ordinance,
and carried by the following recorded vote:
AYES:
NAYS:
ABSTAIN:
supervisors Eddy, Minnix, Harrison, Nickens
None
Supervisor Johnson
.2....t.. Ordinance declaring a parcel of real estate
identified as Roanoke city Tax Map No 5100427
located off McVitty Road in Oak Grove Farms to be
surplus and accepting/rejecting an offer for the
sale of same.
(Paul Mahoney. county Attorney)
CONTINUED FROM APRIL 23. 1996.
0-051496-8
Mr. Mahoney recommended accepting the offer of Mersine
316
May 14, 1996
B. Alabran for $101.00.
supervisor Eddy moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 051496-8 DECLARING A PARCEL
OF REAL ESTATE IDENTIFIED AS ROANOKE
CITY TAX MAP NO. 5100427 LOCATED OFF
MCVITTY ROAD IN OAK GROVE FARMS TO BE
SURPLUS AND ACCEPTING AN OFFER FOR
THE SALE OF SAME
BE IT ORDAINED by the Board of supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of section 16.01
of the Charter of Roanoke County, the subject property is hereby
declared to be surplus and is being made available for other
public uses; and
2. That pursuant to the prov1s1ons of section 18.04
of the Charter of Roanoke county, a first reading and public
hearing was held on April 9, 1996; and a second reading was held
on April 23, 1996,and continued until May 14, 1996, concerning
the sale and disposition of a parcel of real estate identified as
Roanoke city Tax Map No. 5100427; and
3. That an
property, the offer of
property for One Hundred
ed/~ejeetGã; and
offer having been received for said
Mersine B. Alabran to purchase this
One Dollars ($101.00) is hereby accept-
4. Tha tall . proceeds from the sale of this real
estate are to be paid into the capital projects fund; and
5. That the county Administrator is authorized to
execute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish the conveyance of said
property, all of which shall be upon form approved by the county
Attorney.
On motion of Supervisor Eddy to adopt the ordinance,
and carried by the following recorded vote:
-~
May 14, 1996
317
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AYES:
NAYS:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IN RE:
APPOINTMENTS
supervisor Harrison asked that the Clerk provide him
with a list of appointments.
~ Building Code Board of Adjustments and APpeals
The Clerk was asked to contact individuals to see if
they are willing to serve another term.
~ Board of zoning Appeals
supervisor Eddy nominated Eldon Karr to serve another
five year term. His term will expire June 30, 2001.
~ Fifth Planning District commission
It was the consensus of the Board to nominate
supervisor Lee Eddy to serve another three year term which will
expire June 30, 2000.
~ Highway and Transportation Safety Commission
supervisor Eddy nominated Hank Gregory to serve another
three year term which will expire June 30, 1999.
~ Parks and Recreation Advisory Commission
Supervisor Eddy nominated William J. Skelton, Jr. to
serve another three year term which will expire June 30, 1999.
supervisor Nickens nominated Robert R, Cookston to
serve a three year term which will expire June 30, 1999.
318
May 14, 1996
IN RE:
CONSENT AGENDA
R-051496-9
supervisor Johnson moved to approve the Consent Agenda
after discussion of item 7 and removal of item 2.
The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
Supervisor Nickens moved to approve item 2. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 051496-9 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM M - 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 May 14, 1996, designated as Item M - Consent
Agenda be, and hereby is, approved and concurred in as to each
item separately set forth in said section designated Items 1
through 7, inclusive, as follows:
1.
Approval of Minutes - March 26, 1996, April 9,
1996, April 11, 1996.
Approval of a Debt Policy for the County of
Roanoke.
2.
3. Confirmation of committee appointment to the Blue
Ridge community services Board of Directors.
4. Approval of raffle permit for Fraternal Order of
Eagles, Big Lick Aerie, for Calendar Year 1996,
effective through June 30, 1996.
May 14, 1996
319
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5. Request from the Roanoke county Transportation
safety committee for acceptance of a grant from
the state Division of Motor Vehicles for roadway
signs.
6. Request from the School Board for appropriation of
$720 to the School Grant Fund for automotive
service excellence certification.
7. Request from the Fifth Planning District to
appoint Roanoke County members to the Metropolitan
Planning organization (MPO).
2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Johnson to adopt the Consent
Resolution with the removal of Item 2, and carried by the
following recorded vote:
AYES:
NAYS:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
On motion of supervisor Nickens to adopt the resolution
approving the debt policy in Item 2, and carried by the following
recorded vote:
AYES:
NAYS:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
RESOLUTION 051496-9.a ESTABLISHING A
DEBT POLICY FOR THE COUNTY OF ROANOKE
WHEREAS, one of the measures of a fiscally well managed
locality is the adoption of formal fiscal polices; and
WHEREAS, staff is in the process of developing a series
of fiscal policies, the first of which is the Debt Policy which
formalizes the debt procedures that the Board has used for many
years.
NOW THEREFORE, BE IT RESOLVED, by the Board of
supervisors of Roanoke county, virginia, as follows:
1. That the following Debt Policy for the County of
Roanoke be, and hereby is, adopted.
320
May 14, 1996
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-
County of Roanoke Debt Policy
I. Background
A. A debt policy addresses the level of indebtedness
the county of Roanoke can reasonably expect to
incur without jeopardizing its existing financial
position and to ensure the efficient and effective
operation of the County.
B. A debt policy also addresses the purposes for the
types of debt that will be issued.
C. The debt policy is to be used in conjunction with
the operating and capital Improvements Budget, the
Capital Improvements program (CIP),and other
financial policies.
II. Standards
A. National Federation of Municipal Analysts
B. Government Accounting Standards Board
C. Government Finance Officers Association
III. Planning and Performance
A. The planning, issuance and review of outstanding
and proposed debt issuances will ensure that
compliance with the debt policy is maintained.
B. The County may issue debt for the purpose of
acquiring or constructing capital projects
including buildings, machinery, equipment,
furniture and fixtures.
C. Debt issuances will be pooled together when
feasible to minimize issuance costs.
D. The County will prepare and adopt annually a five
year Capital Improvements Program to identify and
establish an orderly plan to meet the county's
infrastructure needs with all debt-related
projects and the debt service impact upon
operations identified.
IV. Issuance Guidelines
A. The County will not use short-term borrowing to
finance operating needs, except in instances as
described under Revenue Anticipation Notes.
B. Long-term debt will be used in compliance with all
aspects of the debt policy.
C. The maturity of any debt will not exceed the
expected useful life of the project for which the
debt is issued.
D. Each project proposed for financing through debt
issuance will have an analysis performed for
May 14, 1996
321
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review of tax impact and future operating costs
associated with the project and debt issuance.
E. Net Debt as a percentage of Assessed Value will
not exceed 3.0%. (Net debt is general obligation
debt exclusive of debt payable from the Enterprise
Fund. )
F. The Net Debt per capita will not exceed a ratio of
$1,500. (Net debt is general obligation debt
exclusive of debt payable from the Enterprise
Fund. )
G. General obligation Debt Service as a percentage of
General Governmental Expenditures will not exceed
10%.
H. Debt ratios will be ca1culated each fiscal year in
conjunction with the budget process and audit.
I. At a minimum, all issuances of Debt require
approval and appropriation of the proceeds by the
Board of Supervisors with additional approvals, if
applicable, indicated in the following types of
debt.
V.
Bond Anticipation Notes
A. The county may issue Bond Anticipation Notes
(BANs) in expectation of General obligation Bonds
or Revenue Bonds when cash is required in order
for the financed capital project to be initiated
or continue or when long-term markets do not
appear appropriate on a given date, but have a
clear potential for improvement within 12 months.
B. The County will issue BANs for a period not to
exceed two years.
C. No BANs will be rolled over more than one
additional two year period.
VI.
Revenue Anticipation Notes
A. The County's Fund Balance goal of 6.25% of General
Fund Revenues was designed to provide adequate
cash flow to avoid the need for Revenue
Anticipation Notes (RANs).
B. The county may issue RANs in an extreme emergency
beyond the county's control or ability to forecast
when the revenue source will be received
subsequent to the timing of funds needed.
C. The County will issue RANs for a period not to
exceed the one year period permitted under the
Constitution of virginia, Article VII section 10.
VII.
General obligation Bonds
A. The constitution of virginia, Article VII section
322
May 14, 1996
.--
f---
10, and the Public Finance Act provide the
authority for a county to issue General obligation
(GO) Debt with no limit on the amount of GO Debt
that a County may issue.
B. The County may issue GO Debt for capital projects
or other properly approved projects.
C. All debt secured by the general obligation of the
County must be approved by the Board of
supervisors and a public referendum, with the
exception of virginia Public School Authority
(VPSA) Bonds and state Literary Fund loans which
do not need approval by referendum.
VIII.
VPSA Bonds and state Literary Fund Loans
A. School capital projects may be constructed with
debt, either through VPSA Bonds or State Literary
Fund Loans, and refunding bonds with preference
given to accessibility and interest rates.
B. Approval of the School Board is required prior to
approval by the Board of supervi$ors.
IX. Revenue Bonds
A. The County may issue Revenue bonds to fund
enterprise activities, such as water and sewer
utilities, or for capital projects which will
generate a revenue stream.
B. The bonds will include written covenants which
will require that the revenue sources are
sufficient to fund the debt service requirements.
C. Cost of issuance, debt service reserve funds and
capitalized interest may be included in the
capital project costs and thus are fully eligible
for reimbursement from bond proceeds.
Capital Acquisition Notes and Leases
A. The County may issue short-term notes or capital
leases to purchase buildings, machinery,
equipment, furniture and fixtures.
X.
XI. Moral obligation Debt
A. The County may enter into leases, contracts, or
other agreements with other public bodies which
provide for the payment of debt when revenues of
such agencies may prove insufficient to cover debt
service.
B. Payment of such moral obligation debt service will
be done when the best interest of the County is
clearly demonstrated.
C. While such moral obligation support does not
-.
May 14, 1996
323
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affect the debt limit of the County, the amount of
bonds issued with the County's moral obligation
should be controlled in order to limit potential
demands on the County. There is no legal
obligation, but the county is placing its good
name and reputation on the line and there is every
expectation that the county would make good any
deficiencies when a default exists.
XII. Disclosure and Communications
A. The County will maintain good communications with
bond rating agencies to inform them about the
County's financial position by providing them the
County's comprehensive Annual Financial Report
(CAFR) and operating and capital Improvements
Budget.
B. The County will follow the National Federation of
Municipal Analysts and Government Finance Officers
Association policy of full continuing disclosure.
C. The County will disclose the preceding ten fiscal
year's debt ratios in the comprehensive Annual
Financial Report.
D. The County will disclose an estimate of the
subsequent five fiscal year's debt ratios in the
operating and capital Improvements Budget with an
analysis of the impact, if any, moral obligation
debt would have on the debt ratios.
2. That this policy shall be in effect for FY 1995-
96, and subsequent fiscal years unless otherwise amended by the
Board of supervisors.
On motion of Supervisor Nickens to approve the debt
policy and adopt the resolution, and carried by the following
recorded vote:
AYES:
NAYS:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Harrison: He was pleased to see the article
in the newspaper that road improvements on Yale Drive are going
forward with resident participation.
supervisor Eddy:
(1) He watched Roanoke County Today
324
May 14, 1996
'---
and thought that the program was well done. (2) He announced that
Mr. Hodge had provided the Board members with statistics that
show that Roanoke County is the second lowest ranked locality in
spending with the exception of school spending which was among
the highest. (3) He received a copy of the book "Taming City
Hall" from the Library and it is available in the Clerk's Office.
(3) He asked for a report on the results of the Johnson Energy
Management Program. Mr. Hodge will ask Dr. Gordon to bring a
report back to the Board. (4) He asked Mr. Mahoney when he will
bring back the proposed legislative program to send to the
virginia Association of Counties. Mr. Mahoney will bring a draft
resolution to the May 28, 1996 meeting. (5) He advised that
Roanoke City has approved funding for the regional Greenway
Coordinator subject to the County and other localities approving
their share.
supervisor Minnix: He asked to meet with Terry
Harrington and Arnold Covey after the meeting.
supervisor Nickens: He advised that the Virginia
Department of Transportation recently passed a policy to monitor
cut-through streets with a certain number of vehicles per day.
He cautioned that the County might become responsible for funding
rather than the state.
supervisor Johnson: He advised that there is a need
again to cut weeds and grass in the median strips which results
in the County roads looking bad when compared to surrounding
May 14, 1996
325
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cities. (2) He asked Ms. Allen to send the Board members a list
of proposed dates for a Board Retreat after the budget process is
complete.
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
Terriann May. 1641 Branchside Drive. Salem. thanked the
Board for the $300,000 funding approved for Glenvar School
improvements, but expressed concern that the additional $300,000
was not included because these improvements are also needed.
IN RE:
REPORTS
supervisor Nickens moved to receive and file the
following reports after discussion of Items 1, 5, and 6. The
motion carried by a unanimous voice vote.
~ General Fund Unappropriated Balance
~ capital Fund unappropriated Balance
~ Board contingency Fund
h Statement of the Treasurer's Accountability per
Investments and Portfolio Policy as of April 30.
1996.
~ Roanoke County's revenue sharing allocation for
Fiscal Year 1996/97.
~ Status of Comprehensive Plan Process.
~ Accounts Paid - April 1996
326
May 14, 1996
-
-
IN RE:
WORK SESSIONS
It was the consensus of the Board to set a budget work
session for May 28, 1996, after the evening session.
IN RE:
EXECUTIVE SESSION
At 5:50 p.m. , supervisor Johnson moved to go into
Executive session pursuant to the Code of virginia section 2.1-
344 A.(3) sale, disposition or acquisition of property for
economic development purposes: (a) A portion of Shamrock Park;
(b) Western Hills well lot; (c) Glenmary tract (d) East Perimeter
park; (e) the Guy property; and 2.1-344 A (7) Consultation with
legal counsel pertaining to probable litigation and specific
legal matter; (a) ITT agreement; (b) Sheriff and Commonwealth
Attorney v. State compensation Board. The motion carried by the
following recorded vote:
AYES:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-051496-10
At 7: 05 p.m., supervisor Johnson moved to return to
open session and adopt the certification Resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
May 14, 1996
327
---'::::::1
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_.~-, ._. ~.
RESOLUTION 051496-10 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
WHEREAS, section 2.1-344.1 of the Code of virginia
requires a certification by the Board of supervisors of Roanoke
County, virginia, that such executive meeting was conducted in
conformity with virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, virginia, hereby certifies that,
to the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by virginia law were discussed in the
executive meeting which this certification resolution applies,
and
2. Only such public business matters as were
identified in the motion convening the executive meeting were
heard, discussed or considered by the Board of supervisors of
Roanoke county, Virginia.
On motion of
certification Resolution,
vote:
AYES:
NAYS:
supervisor Johnson to adopt the
and carried by the following recorded
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IN RE:
BRIEFINGS AND PRESENTATIONS
~ Budget requests from Fire and Rescue Chiefs Board.
Presentations were made by Fire and Rescue Chief Tommy
Fuqua, and Chief Henderson and Chief Crowe from the Fire and
Rescue Chiefs Board.
Chief Fuqua reported on acti vi ties during the past
fiscal year, including the 1995 response and call analysis,
328
May 14, 1996
action taken to increase the number of volunteer fire and rescue
personnel, and implemented recommendations from several studies
performed over the past several years. He also discussed the
possibility of charging for EMS calls but did not make a
recommendation to go forward at this time.
The primary addbacks requested in the proposed budget
are: (1) an air truck chassis; (2) two paramedic firefighters;
(3) one ambulance for Bent Mountain with the ambulance currently
at Bent Mountain moved to Fort Lewis.
~ Budget requests from cultural. tourist. social
services, and human services agencies.
The following individuals spoke on behalf of their
agencies for funding in the Roanoke County 1996/97 budget:
1. Dawn Field , Adult Care Center of Roanoke Valley
requested $12.480.
2. Pete Lampman, virginia Amateur Sports. requested
$40.000. for the Commonwealth Games.
3. Jon Vest. 5th District Planning Commission.
requested $2,361, for the county share of a Gypsy Moth
Coordinator position.
4. Martha Mackey. Roanoke Valley convention and
visitors Bureau. requested $250.000
5. John Williamson, Arts Council of the Blue Ridge.
requested $4,000.
May 14, 1996
329
,_..- ~~-_._Y·-"' ..._
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6. Raleigh Campbell. council of community Services.
requested $6,468.
7. Murry K. White. LOA Area Agency on Aging. requested
$18.603.
8. Susan Schiebe, Blue Ridge community Services.
requested $120.010.
9. Katherine F. Houck, and Rob Glenn. virginia Museum
of Transportation. requested $12.000.
10. Jean Glontz. CHIP. requested $25,000.
11. Ken Schutz. Science Museum of Western virginia,
requested $100.000 for capital and $25.000 for operating.
12. Mike Warner. center in the Square, requested
$75.000.
13. Judge Philip Trompeter. Roanoke Valley Drug and
Alcohol Abuse council. requested $2.500.
14. Linda Webb, Mill Mountain Theater. requested
$10.000.
15. wendy Moore. Roanoke Area Ministries, requested
$2.500.
16. June House. Big Brothers. Big sisters. requested
$2.500.
17. Kathryn P. Garvin. National Multiple Sclerosis
Society. requested $800.
18. Rupert Cutler. Explore Park. requested $175.000.
19. winton W. Shelor, Blue Ridge Soil and Water
330
May 14, 1996
-
-
conservation district. requested $1.500.
20. Estelle Nichols Ayner. Bradley Free Clinic.
requested $6.500.
21. Bob slaughter and Richard Burrough. National D-Day
Memorial Foundation. requested $250.000 at $50.000 per year.
22. Frank Ma~tin III. Roanoke symphony, requested
$7.500.
23. Ellen L. Brown. Total Action Against poverty,
requested $39.886.
24. Beverly T. Fitzpatrick. outlook Downtown Roanoke,
requested $5.000.
25. Beth Poff. Blue Ridge zoological society/Mil
Mountain Zoo. requested $17.000 for operating and $50.750 for
capi tal.
26. Carol Key, Roanoke Valley CASA. requested $5.000.
27. Shannon Brabham. Child Abuse Prevention council.
requested $3.750.
28. Pamela Wagner. Art Museum of Western virginia.
requested $10,000.
29. John F. Pendarvis. Family Services of the Roanoke
Valley. requested $4,000.
30. Richard Hawkins. Roanoke Valley Speech and Hearing
center. requested $1.000.
31. Dudley F. Woody. Literacy Volunteers of America.
requested $2.000.
-.
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32. Janice R. Dimkins. TRUST. requested $6.500.
33. J. Andree Brooks. To the Rescue Museum, requested
$25.000 over three years.
34. Bruce Roy. "1202 Jamison Avenue. Roanoke county
Fire and Rescue Department. requested additional funding for fire
and rescue staffing.
35.
Roger Ma t thews .
Tinker Mountain Workshop,
requested $7.150.
36. Estelle McCadden. Ms. virginia Senior citizen
pageant. requested $100.
37. Timothy corbin, smith Mountain Lake 4-H Center.
requested $4,006.
IN RE:
ADJOURNMENT
At 10: 01 p.m., Chairman Johnson declared the meeting
adjourned.
Submitted by,
Approved by,
~.~
Mary H. Allen, CMC
Clerk to the Board
332
~996
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