9/10/1996 - Regular
September 10, 1996
62J
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
September 10, 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 September, 1996.
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3:00 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 Phillip Whitaker,
Brambleton Baptist Church.
The Pledge of Allegiance was recited by
622
September 10, 1996
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all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
~ Update on storm damage from rains on september 4
and 6 .
(John Chambliss.
Assistant county
Administrator)
Mr. Chambliss reported that there were two storms, the
first on september 4 and the second, Hurricane Fran on Friday,
September 6.
Roanoke County did not experience widespread
flooding, but did receive some damage. On September 4,
approximately 5 inches fell in the Sugar Loaf Mountain area
which caused drainage problems, mud slides and surcharging of
some sewer lines in the Cave Spring/Windsor Hill's area.
Mr. Chambliss advised that the local governments worked
together to plan the approach for dealing with Hurricane Fran.
However, when the storm actually struck, the most severe damage
came from high winds
and flooding in low lying areas and
basements.
Damage to County facilities was light with leaking
roofs and walls.
Chairman Johnson asked that
staff
offer their
assistance to the localities that had more severe damage from
Hurricane Fran.
~ Additions to Agenda.
supervisor Eddy added two additional Executive Session
September 10, 1996
w
-
Items: (1) potential litigation, street closing and (2) location
of prospective business or industry.
Supervisor Nickens added an Executive Session item on
disposition of a well lot.
Supervisor Minnix introduced the members and leaders of
Cub Scout Pack 221 who were in attendance.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
~ Presentation of Golden Star Award from Convention
and visitors Bureau to county Administrator Elmer
Hodge.
Beth Poff and Katherine Fox from the Roanoke Valley
Convention and Visitors Bureau presented their Golden Star Award
to County Administrator Elmer Hodge for encouraging tourism in
the Roanoke Valley.
IN RE:
BRIEFINGS
k Presentation of a Grant from the Allstate
Foundation to the Office of Fire Prevention to
purchase an Animated Fire Truck Replica Robot.
(Richard Burch. Fire and Rescue Chief)
Chief Burch and Fire Marshal Don Gillespie advised that
the Allstate Foundation is giving the County a $6,020 grant to
purchase an animated fire truck replica robot which will be used
in the school system and public awareness programs to educate
624
September 10, 1996
_·~.__~u .___
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people on fire prevention, protection and safety.
Ms. Kelly Powell from Allstate Foundation presented the
grant to Chief Burch and Don Gillespie.
~ Report from virginia Amateur Sports~ Inc. on the
1996 commonwealth Games of virginia. (Peter
Lampman. President)
Peter Lampman, President of Virginia Amateur sports
reported on the Commonwealth Games. He announced that there had
been a 7% increase in athletes attending, growing from 4400
athletes the first year to 9,472 athletes participating in 44
sports this year. Over 13,692 spectators and 4,564 athletes
stayed overnight and there was an estimated average daily
expenditure of $112.60 for an estimated total visitor
expenditures of $4,867,443. Mr. Lampman presented a plaque to
the County for their contributions to Virginia Amateur Sports.
IN RE:
NEW BUSINESS
k Request for amendments to the Length of Service
Awards Program bylaws concerning the Board of
Trustees term limits. (Amy Shelor. Volunteer
Coordinator)
A-091096-1
Ms. Shelor explained that the Board requested term
limits for the members of the Board of Trustees for the Length of
Service Awards Program. The proposed revisions would allow for
September 10, 1996
625
the LOSAP Board members to serve a four-year term with no more
than two consecutive terms. The Risk Manager, Chairman of the
Volunteer Fire Chiefs Board, and Chairman of the Volunteer Rescue
Chiefs Board would be exempt from the limits and their terms
would last through the duration of their position. The first
terms would be rotating, with the members initially appointed for
one to four years. If, after a term expired, a position is not
filled, the existing board member would continue to serve until
the new appointment is made.
Ms. Shelor also advised that the Board of Trustees had
no bylaws and that a .formal set of bylaws will be prepared and
brought the Board of Supervisors for approval.
Supervisor Nickens suggested that the there should be a
time limit for a member continuing to serving in a vacant
position. Supervisor Johnson asked Mr. Mahoney to address that
issue in the bylaws.
Supervisor Eddy moved to approve the amendments. The
motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
~ ReCV1est for approval of S4. 500.000 of Industrial
revenue bonds for Richfield Retirement Community
to construct an Alzheimers Center. (Tim Gubala.
Economic Development Director)
R-091096-2
626
September 10, 1996
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Mr. Gubala advised that the Industrial Development
Authority (IDA) can issue bonds to non-profit tax exempt
corporations for the construction and equipment of facilities.
The IDA functions as a vehicle through which the bonds are
authorized and issued, but neither the IDA nor the County are
liable for repaYment.
Mr. Gubala also reported that staff had
been assisting Richfield Retirement Community with an exchange of
real estate, a rezoning petition, and a site plan for their
proposed Alzheimers Center. He introduced Al Knighton, attorney
for Richfield Retirement Community, to answer any questions.
In a response to a question from Supervisor Eddy, Mr.
Gubala said that these bonds would have no affect on the County's
bonding capacity.
Supervisor Minnix moved to approve the revenue bonds
and adopt the resolution.
The motion carried by the following
recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 091096-2 REQUESTING APPROVAL OF $4,500,000
OF INDUSTRIAL REVENUE BONDS FOR RICHFIELD RETIREMENT
COMMUNITY TO CONSTRUCT AN ALZHEIMERS CENTER
BE IT RESOLVED by the Board of supervisors of Roanoke
County, Virginia:
WHEREAS, the Industrial Development Authority of
Roanoke County, Virginia, (the "Authority") has considered the
application of Richfield Retirement community (the "Borrower")
requesting the issuance of one or more of the Authority's revenue
bonds or notes in an amount not to exceed $4,500,000 (the
"Bonds") to assist in the financing of acquiring, constructing
September 10, 1996
627
-
and equipping a 100-bed assisted living facility (the "Project")
on Daugherty Road, behind the Borrower's facility known as The
Oaks located on the Borrower's campus at 3615 West Main street in
Roanoke County, Virginia (The "County"), which will be owned and
operated by the Borrower, and has held a public hearing on July
25,1996; and
WHEREAS, it has been requested that the ~oard of
Supervisors of the County (the "Board") - approve the financing of
the Project and the issuance of the Bonds, and such approval is
required for compliance with section 147(f) of the Internal
Revenue Code of 1986, as amended (the "Code");
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY, VIRGINIA:
1. The Board approves the financing of the proj ect
and the issuance of he bonds by the Authority for the benefit of
the Borrower, as required by said Section 147(f), to permit the
Authority to assist in the financing of the Project.
2. The approval .of the issuance of the Bonds, as
required by said Section 147(f), does not constitute an
endorsement of the Bonds or the creditworthiness of the Borrower
or otherwise indicate that the project possesses any economic
viability. The Bonds shall provide that neither the Commonwealth
of Virginia (the "Commonwealth") nor any political subdivision
thereof, including the County and the Authority, shall be
obligated to pay the principal of or interest on the bonds or
other costs incident thereto except from the revenues and
receipts pledged therefor, and that neither the faith or credit
nor the taxing power of the Commonwealth or any political
subdivision thereof, including the County and the Authority,
shall be pledged thereto.
3. This Resolution shall take effect immediately upon
its adoption.
On motion of Supervisor Minnix to adopt the resolution,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
REQUESTS FOR WORK SESSIONS
k Request for Work Session on October 8. 1996 to
review plans for Hanging Rock Battlefield Trail
628
September 10, 1996
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(Phase I) .
(Tim Gubala. Economic Development
Director)
It was the consensus of the Board to set the work
session for october 8, 1996.
IN RE:
FIRST READING OF ORDINANCES
k Ordinance amending the Roanoke County Code by
adding Article II. Regulations of opening Burning,
section 9-5. Title. section 9-6, Purpose. section
9-7. Definitions. section 9-8. Prohibitions on
opening burning. section 9-9. Exemptions. section
9-10. Permissible open burning. section 9-11.
Permit, and section 9-12. Penalties for
violations; ~nd repealing section 9-3, Burning of
woods. brush. leaves, etc.. and Section 9-4,
Burning of waste material near residence. garage.
etc. of Article I In General. of Chapter 9. Fire
Prevention and Protection. (Fire and Rescue Chief
Richard Burch)
Chief Burch advised that on April 1, 1996, the state
Air Pollution Board issued new regulations concerning standards
for open burning, and the Air Pollution Control Board will no
longer regulate open burning. Local governments have an option to
adopt a model ordinance or develop their own.
Because the
September 10, 1996
629
Department of Environmental Quality is no longer issuing burn
permits, it is illegal to burn in the urban area of the County.
In the rural area, open burning is allowed.
Chief Burch explained that the proposed ordinance
contains the verbatim language of the model ordinance. It
provides the same restrictions and allowances throughout the
County which reduces the disparity of the current system. Staff
is recommending a $25.00 fee for the permit. If the ordinance is
not adopted, the rural areas could burn as they desire and open
burning would be prohibited in urban areas.
There was discussion on eliminating the $25.00 permit
fee, the penalties for violating the ordinance, the need to make
the application process easy, and the shifting of responsibility
from· the state level to the local level. Fire Marshal Don
Gillespie advised that if the ordinance is not adopted, they will
use the ordinances from 1985 and 1988. There was consensus that
the ordinance needed to be discussed more fully before adoption,
and that the Board members send their comments to the staff
before second reading.
Supervisor Nickens asked for a list of fees that are
not being currently enforced, and to bring back the implications
of using the 1985 BOCA Code.
Supervisor Johnson moved to approve the first reading
and set a work session and second reading for September 24, 1996.
The motion carried by the following recorded vote:
630
September 10, 1996
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AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
IN RE:
APPOINTMENTS
k
Metropolitan
Transportation
District
Study
Committee
Supervisor Johnson nominated M. Caldwell Butler, steve
Musselwhite and Supervisor Harry Nickens to serve on this
committee.
~ Fifth Planning District Commission Legislative
Committee
Supervisor Johnson nominated Alfred C. Anderson,
Roanoke County Treasurer.
Ms. Allen was asked to contact Mr.
Anderson to determine if he is willing to serve.
IN RE:
CONSENT AGENDA
R-091096-3: R-091096-3.b~ R-091096-3.c
Supervisor
Minnix
moved
to
adopt
the
Consent
Resolution. The motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 091096-3 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the certain section of the agenda of the Board
September 10, 1996
631
of Supervisors for September 10, 1996, designated as Item L -
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 3, inclusive, as follows:
1. Approval of Minutes - July 23, 1996
2. Confirmation of committee appointment to the
Grievance Panel.
3. Resolutions of Appreciation upon the retirements
of Dallas Parrish and Harold Palmer, General
Services Department.
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 Minnix to adopt the Consent
Resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
RESOLUTION 091096-3. b EXPRESSING THE APPRECIATION OF·
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DALLAS
PARRISH FOR TWENTY YEARS OF SERVICES TO ROANOKE COUNTY
WHEREAS, Dallas Parrish was first employed on July 6,
1976 in the General Services Department as a laborer¡ also served
as a motor equipment operator I¡ and equipment mechanic¡ and
WHEREAS, the delivery of Roanoke County services is
accomplished by dedicated employees such as Mr. parrish¡ and
WHEREAS, Mr. Parrish through his employment with
Roanoke County, has been Instrumental in improving the quality of
life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County expresses its deepest appreciation
and the appreciation of the citizens of Roanoke County to DALLAS
PARRISH for twenty years of capable, loyal and dedicated service
to Roanoke County.
FURTHER, the Board of Supervisors does express its
best wishes for a happy, restful, and productive retirement.
On motion of Supervisor Minnix to adopt the resolution,
and carried by the following recorded vote:
632
September 10, 1996
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AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
RESOLUTION 091096-3. c EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO HAROLD
PALMER FOR TWENTY-SEVEN YEARS OF SERVICES TO ROANOKE
COUNTY
WHEREAS, Harold Palmer was first employed on May 14,
1969 in the General Services Department as a motor equipment
operator I¡ and also served as a custodian¡ and
WHEREAS, the delivery of Roanoke County services to its
citizens is accomplished by dedicated employees such as Mr.
Palmeri and
WHEREAS, Mr. Palmer through his employment with Roanoke
County, has been Instrumental in improving the quality of life
for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County expresses its deepest appreciation
and the appreciation of the citizens of Roanoke County to HAROLD
PALMER for twenty-seven years of capable, loyal and dedicated
service to Roanoke County.
FURTHER, the Board of Supervisors does express its best
wishes for a happy, restful, and productive retirement.
carried
AYES:
NAYS:
On motion of Supervisor to adopt the resolution, and
by the following recorded vote:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Eddy: (1) He thanked Supervisor Harrison for
sending him a memorandum with a newspaper article on planning
issues, and asked Ms. Allen to forward copies to the Planning
commission.
(2)
He asked about the Trigon Demutualization.
Diane Hyatt reported that the issue was passed by the
stockholders.
She has received notification from the Virginia
Municipal League and the Virginia Association of Counties that
September 10,1996
633
the localities can change their election from stock to cash in
the future. (3) He sent a memorandum to Mr. Hodge on the
electronic village and asked for a report on the County's plans.
Mr. Hodge will pass the information to MIS . Director Craig
Hatmaker for a response. (4) He asked Mr. Mahoney about the
policy manual. Mr. Mahoney responded that he met with Executive
Secretary Mary Hicks to review recommendations by department
directors, and it should be brought back to the Board in several
weeks. (5) He asked about the proposed policy for funding travel
expenses for youth sports and other groups. Mr. Hodge responded
that the proposed policy will be reviewed by the Parks &
Recreation Advisory Commission and then brought back to the
Board. (6) He suggested contacting the federal legislators
regarding flow control regulations. (7) He read Senior Assistant
County Attorney Joe Obenshain's memorandum from the Board Reading
File regarding the swimming pool ordinance and was pleased that
there had been no complaints. He requested that future responses
such as this be included in the agenda under Reports.
supervisor Minnix: (1) He asked for assistance from
Arnold Covey regarding some drainage trouble spots. (2) He asked
Mr. Hodge about his request to contact the adjacent localities to
start a regional firing range. Mr. Hodge responded that staff
has been meeting with the other localities and he should bring
back a report to the Board within the next several meetings. (3)
He thanked Jeff Echols and the Virginia Department of
634
September 10, 1996
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Transportation for the road improvements to Colonial Avenue near
the new Harris Teeter grocery store.
(4) He expressed
appreciation to Beth Poff for her work with Mill Mountain Zoo.
Supervisor Harriso~: (1) He advised that he was also
pleased with the work on the regional firing range. ~ (2) He
attended a meeting of the Brushy Mountain civic League and
thanked Gary Robertson for his presentation on water lines, and
suggested that a report be presented to other civic leagues.
Gary Robertson updated the Board on the Clearbrook sewer line.
S'Qpervisor Nickens: (1) At the last meeting, School
Superintendent Dr. Gordon presented her request for improvements
at Ft Lewis Elementary and he was pleased that she reported that
the VDOT road improvements will be limited to only road widening
at the entrance at a cost of $9,000. (2) He a$ked Mr. Mahoney to
bring back a report on the Moose Lodge litigation.
supervisor Johnson: (1) He thanked the staff for their
work on the United Way luncheon. (2) He announced that the joint
retreat with the School Board is tentatively scheduled for
October 6. He asked Ms. Allen to finalize the details and report
back to Board.
(3) He received material from Ms. Allen on the
Board retreat and recommended a work session with staff. He
asked Mr. Hodge to schedule this for October 8, 1996. (4) He
received a letter from Mayor Bowers advising that the Roanoke
City staff did not recommend participation in the low band radio
system. Supervisors Eddy and Johnson both recommended looking at
September 10, 1996
QS
participation from other localities and VDOT. (5) He received a
memorandum from Terry Harrington on the Edgebrook Road Special
Use Permit request which was tabled on September 24, 1996. He
advised that he was not ready to remove this item from table. .He
asked Mr. Mahoney to inform Mr. Harrington that no decision
should be made until there is further discussion on non-profit
tax exempt organizations locating in County.
IN RE:
REPORTS
Supervisor Minnix moved to receive and file the
following reports. The motion carried by a unanimous voice vote.
k General Fund Unappropriated Balance
~ capital Fund unappropriated Balance
~ Board contingency Fund
~ Report on status of comprehensive Plan
IN RE:
WORK SESSIONS
k Revisions
to
(Tim
the Public/Private
Gubala. Economic
Partnership
Development
policy.
Director)
It was the consensus of the Board to continue this work
session to September 24, 1996. Supervisor Eddy's memorandum on
the policy will be forwarded to Mr. Hodge and the other members
were also asked to forward their comments.
636
September 10,1996
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~ Joint Work Session with American Electric Power on
the
proposed
Cloverdale-wyominq
765
KV
Transmission Line Project.
t Terry McMahan.
American Electric Power)
The work sessions began at 4:45 P.M.
Mr. Hodge explained that the Board needed an update on
this project, especially because of the Forestry Service's
preference that the transmission line not cross their land which
resulted in concerns expressed from County citizens that it would
cross private land.
Terry McMahan, Roanoke District Manager, introduced Ron
Poff, Project Coordinator.
Mr. Poff reviewed the history of the project since 1990
and updated the Board on recent actions. In 199'5., the Virginia
SCC issued an interim order that there was a compelling need for
additional electrical service.
They also requested additional
information on how the lines would be used and directed AEP to
look at alternative routes. These were accomplished in March of
1996. In April, they filed their last report with the SCC. In
May 1996, the U. S. Parks Service issued a statement that
recommended that the proposed power line not be permitted across
the New River scenic area designated for study as a proposed
route.
On June 18, the U. S. Forest Service held a news
conference to release their environmental impact statement which
resul ted in the decision that the line will not be allowed to
September 10, 1996
637
cross federal land. AEP is holding public comment meetings until
October 7.
He presented a chart of the AEP service areas showing
that while the population has remained flat, customers and
electrical usage has increased 122%. If they don't get the
transmission line, this area could experience rolling blackouts.
Mr. Poff explained that one corridor is· no longer under
consideration because it would go across federal property.
Mr. McMahan advised that the line is estimated to cost
$250 million, but a generation alternative would cost in the
billions.
IN RE: EXECUTIVE SESSION
At 4 :45 p.m., Supervisor Nickens moved to go into
Executive Session following the work sessions pursuant to the
Code of Virginia section 2.1-344 A (3) acquisition of property by
the city of Roanoke for public purposes; (5) to discuss location
of a prospective business or industry; (7) to discuss specif ic
legal matter, namely proposed street closing; and (3) disposition
of public property, well lot. The motion carried by the
following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
638
September 10, 1996
-
R-091096-4
The Executive Session began at 5:53 p.m. At 6:58 p.m.,·
Supervisor Johnson moved to return to open session and adopt the
certification Resolution.
The motion was car~ied by the
following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 091096-4 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 ih 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:
ADJOURNMENT
September 10, 1996
639
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At 7:00 p.m., Supervisor Johnson declared the meeting
adjourned to September 13, 1996, at 4:30 p.m. for a "Change of
Command" ceremony for the Roanoke County Fire & Rescue
Department.
Submitted by,
Approved.by,
'P?~/o,I. ~~
Mary H. Allen, CMC
Clerk to the Board
64D
September 10, 1996
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