5/25/1993 - Regular
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May 25, 1993
33 7
Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
May 25, 1993
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
fourth Tuesday, and the second regularly scheduled meeting of the
month of May, 1993.
IN RE:
CALL TO ORDER
Chairman Minnix called the meeting to order at 3: 03 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman H. Odell "Fuzzy" Minnix, Vice Chairman
Lee B. Eddy, Supervisors Bob L. Johnson, Edward G.
Kohinke, Sr., Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, county Administrator; Paul M.
Mahoney, County Attorney; Brenda J. Holton, Deputy
Clerk; John M. Chambliss, Assistant County
Administrator; Don C. Myers, Assistant County
Administrator; Anne Marie Green, Communi ty
Relations Director
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May 25, 1993
IN RE:
OPENING CEREMONIES
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The invocation was given by the Reverend Tammy Estep,
Associate Minister, Windsor Hills united Methodist Church. The Pledge
of Allegiance was recited by all present.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
Chairman Minnix recognized the members of the Northside High
School civic Class who were in attendance.
~ Proclamation Declarinq May 23 - 29, 1993, as Emerqency
Medical Services Week.
Chairman Minnix presented the proclamation to Anita Hansen, I
Rescue Chief; Scott Donoho, Volunteer Rescue Member; Coe Pullen,
Paramedic/Firefighter'; Larry Logan, Deputy Chief; and Tommy Fuqua,
Chief of Fire & Rescue.
Supervisor Kohinke moved to approve the proclamation. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
~ Recoqnition of participants for com~letion of citizens'
Police ACademy.
Chairman Minnix and Chief of Police John Cease presented
certificates to the following citizens who recently completed the I
citizen's Police Academy: Edward Kohinke, Don Terp, Loretta Edge,
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May 25, 1993
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David Danco, Christina Cunningham, Marge Bonney, Martha Hoyle, Robin
Lawson, Susan Cease, and Gail Campbell.
IN RE:
NEW BUSINESS
~ Presentation bV Virqinia Association of Counties on
Local Leqislative Actions. (Ellen Davenoort, VACo)
Ms. Ellen Davenport, Public Policy Coordinator for VACo,
described the services that VACo offers and reviewed the 1993
Legislative Program. She requested that the County submit a list of
proposals to be considered for. VACo's 1994 Legislative Program which
will be approved in November at'VACo's Annual Meeting.
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Reauest for Aporoval of Procedure for Adootion of Cable
TV Budqets and Aooroval of capital Exoenditure. (Anne
Marie Green, Director of Community Relations)
R-52593-1
Ms. Green advised that on May 5, 1993, the Regional Cable
Television Committee approved the roll-over of operating funds into a
capital account for equipment replacement. The Committee also
approved a procedure for approval of the operating and capital budgets
and the expenditure of approximately $50,000 for equipment for the
studio. These actions must now be approved by the three local
governments.
Supervisor Nickens moved to adopt the resolution.
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
The
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May 25, 1993
NAYS:
None
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RESOLUTION 52593-1 APPROVING A PROCEDURE FOR THE ADOPTION OF
THE OPERATING AND CAPITAL BUDGETS FOR THE ROANOKE VALLEY
REGIONAL CABLE TELEVISION COMMITTEE, APPROVING THE ROLL-OVER
OF OPERATING FUNDS AT THE END OF EACH FISCAL YEAR INTO A
CAPITAL REPLACEMENT ACCOUNT, AND APPROVING AND APPROPRIATING
$50,000 FOR STUDIO EQUIPMENT
WHEREAS, the Roanoke Valley Regional Cable Television
Committee (hereinafter the "Committee") is responsible for the
operation of the Government/Education Access Channel,
and is
responsible for making recommendations to the City of Roanoke, County
of Roanoke and the Town of Vinton c~ncerning these operations; and,
WHEREAS, the Committee 'recei ves its operating funds by
appropriation from the City, County and Town, presents its budget
annually to the City, County and Town for approval, and seeks approval I
for any expenditures from the Cox Cable capital grant; and,
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WHEREAS, the Committee at its meeting on May 5, 1993
approved for recommendation to the City, County and Town a procedure
for adoption of cable television budgets, the roll-over of unused
operating funds at year end into a capital replacement account, and
the expenditure of $50,000 for equipme~t for the studio.
NOW THEREFORE, Be It Resolved by the Board of Supervisors of
Roanoke County, Virginia:
1. That the following procedure for the approval of
operating and capital budgets for the Roanoke Valley Regional Cable
Television Committee is hereby approved:
Prior to February l5 of each year, the Committee
shall prepare and submit for approval its
Operations Budget for the forthcoming fiscal year
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May 25, 1993
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to the Roanoke County Board of Supervisors, the
Roanoke City Council, and the vinton Town Council.
If all three governing bodies approve the
Operations Budget, it shall, prior to the 15th day
of the forthcoming fiscal year, appropriate the
funds from the r~spective general fund budgets of
each governing body's pro rata share.
Prior to February 15 of each year, the Committee
shall prepare and submit for approval a Capital
Budget for funds to be expended from the Capital
Grant established for the station by Cox Cable as
a part of the franchises agreements between the
governing bodies and Cox Cable. For purposes of
this contract, a Capital expenditure shall be any
expenditure of funds for equipment, furniture,
construction, engineering or any other goods or
services associated with the establishment of the
studio and the initiation of programming services
for the Government and Education Access Television
Station, intended to benefit 3 or more future
fiscal years.
Prior to February 15 of each year after FY 1992-
93, the Committee will prepare and submit for
approval a separate Capital Budget for funds to be
drawn from the station's own Capital account.
This account shall be established as of July 1,
1993 by the roll-over of all unused year-end funds
from the station's Operating Budget of the
previous fiscal year into a Capital account. For
this contract, a capital expenditure shall be any
single expenditure exceeding $5,000, intended to
benefit 3 or more future fiscal years.
2. That the roll-over of unused operating funds of the
Committee at the end of any fiscal year into a capital replacement
account is hereby approved.
3. That there is appropriated to the Committee the sum of
$50,000.00 from the Cox Cable Capital Grant for the purpose of
acquiring equipment for the studio. This appropriation is contingent
upon the approval of this expenditure by the City of Roanoke and the
Town of vinton.
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May 25, 1993
4. That the County Administrator and the Clerk to the
Board of Supervisors are authorized to execute and attest,
respectively, on behalf of the County, any documentation, in form
approved by the County Attorney, necessary to evidence said approval.
The Clerk to the Board is further directed to mail an attested copy of
this Resolution to the Clerks to the City Council of Roanoke and the
Town Council of Vinton, and to the Chairman of the Roanoke Valley
Regional Cable Television Committee.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
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h Reauest for Funds to Print and Distribute citizen's
Handbook. (Anne Marie Green, Director of Community
Relations)
Ms. Green advised that the draft of the citizen's Handbook
has been reviewed by the Customer Service Resource Committee and the
department heads. She described various options and costs for
printing and distributing the handbook.
Supervisor Eddy moved to approve Alternative #1 (print 5,000
copies). The motion was withdrawn with no vote.
After discussion, Supervisors Nickens and Eddy requested
that the draft of the Citizen's Handbook be revised to include the
Board's suggestions and brought back to the Board before printing and I
distributing.
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May 25, 1993
t34' 3
~ Reauest to AÐÐoint Local Official and Business/Citizen
Representative to Rural TransÐortation Advisorv
Committee of Fifth Planninq District Commission.
(Elmer Hodqe, County Administrator)
A-52593-2
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Mr. Hodge requested that Terry Harrington, Director,
Planning & Zoning be appointed as the loca,l official on the Rural
Transportation Advisory Committee, and that· the Board appoint a
business/citizen to serve.
Supervisor Nickens moved to appoint Terry Harrington as the
official representative and Supervisor Eddy as a citizen/businessman
representative. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
h Reauest for APpropriation of 1993-94 Budqet for
Reqional special Education Proqram. (Dr. Eddie Rolb,
Roanoke County Schools)
A-52593-3
There was no discussion. Supervisor Nickens moved to
approve the Regional Special Education Budget. The motion carried by
the following recorded vote:
I AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
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May 25, 1993
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IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING
ORDINANCES - CONSENT AGENDA
~ An Ordinance to Amend the Official Zonina MaÐs of
Roanoke County bY Rezonina 767.33 Acres of Land from
AG-3 and AG-1 to EPD (Exolore Park District), located
in the vinton Maaisterial District, UÐon the Petition
of the Virainia Recreational Facilities Authority.
There was no discussion. Supervisor Nickens moved to
approve the first reading and set the public hearing for June 22,
1993. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix I
NAYS: None
IN RE:
FIRST READING OF ORDINANCES
~ Ordinance AÐÐroÐriatinq the Funds for the 1993-94
Fiscal Year Budaet for Roanoke County. (Reta Busher,
Director of Manaaement & Budqet)
No staff report was given. Supervisor Nickens moved to
approve the first reading of the Budget Ordinance.
supervisor Johnson made a substitute motion to approve the
first reading with the amendment that the salary survey be implemented
at 100% at the time when the dollars would be at the same figure as I
adopted on May 11, 1993. Supervisor Johnson withdrew his substitute
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345
May 25, 1993
motion in order for the issues to be separated.
Chairman Minnix called for a vote on Supervisor Nickens'
motion to approve the first reading of the ordinance. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
Supervisor Eddy requested that before the second reading of
the ordinance, several alternatives for paragraph 2 in the ordinance
be drafted for the Board's approval concerning the authority of the
County Administrator to transfer funds. Supervisor Eddy also
requested that a copy of the mission statement for each County
department be furnished to the supervisors.
Supervisor Johnson moved that the salary survey be
implemented at 100% at an effective date when funding would not change
as adopted in the fiscal year 1993 budget. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS: Supervisor Eddy
IN RE:
SECOND READING OF ORDINANCES
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Ordinance Donatina Roanoke County's Interest in certain
Real Estate to the Virainia Department of
Transoortation for Rutrouah Road Imorovements. (Joyce
Wauah, Economic Develooment Soecialist)
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May 25, 1993
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0-52593-4
There was no discussion. supervisor Nickens moved to adopt
the ordinance. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 52593-4 DONATING ROANOKE
INTEREST IN CERTAIN REAL ESTATE TO THE
DEPARTMENT OF TRANSPORTATION (VDOT) FOR
ROAD IMPROVEMENTS.
COUNTY'S
VIRGINIA
RUTROUGH
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 has been declared to
road improvements; and
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be surplus and is being made available for other public uses, namely
2. That pursuant to the provisions of section 18.04 of the
Charter of Roanoke County, a first reading was held on May 11, 1993;
and a second reading was held on May 25, 1993, concerning the donation
of Roanoke County's interest in a 10-foot right-of-way fronting on
Rutrough Road (approximately .52 acres) for the road's improvement;
and
3. That this portion of County property be, and hereby is,
conveyed to the Virginia Department of Transportation; and
4. 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
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which shall be upon form approved by the County Attorney.
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May 25, 1993
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On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
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Ordinance Authori z ina Amendments,
and
Extensions,
Terminations of Leases in Connection with Office Soace
and
the
Administration
New
County
Center
and
Ao~rooriation of Revenue (Paul M. Mahoney, County
Attorney)
0-52593-5
In response to a question from Supervisor EddY, Ms. Huffman,
Assistant County Attorney, advised that the modifications requested at
the first reading concerning the square footage and effective date
have been made to the ordinance.
Supervisor Nickens moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens
NAYS: None
ABSTAIN: Supervisor Minnix
ORDINANCE 52593-5 AUTHORIZING AMENDMENTS, EXTENSIONS, AND
TERMINATIONS OF LEASES IN CONNECTION WITH OFFICE SPACE FOR
ROANOKE COUNTY STAFF AND THE NEW COUNTY ADMINISTRATION
CENTER, AND APPROPRIATION OF REVENUE GENERATED FROM THE
LEASE AGREEMENTS
WHEREAS, the
purchase
of
the new
Roanoke
County
Administration Center,
known as
the
Building
Traveler's
at 5204
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May 25, 1993
Bernard Drive, S.W., was finalized on March 31, 1993; and,
WHEREAS, title to the real estate was taken by the Board of
Supervisors subject to certain lease agreements; and,
WHEREAS, the Board currently leases office space for several
County departments at Brambleton Corporate Center from Peery Realty,
Inc.; and,
WHEREAS, it would s~rve the public interest for the County
to make certain amendments, extensions, and terminations of these
various office space leases; and,
WHEREAS, appropriation of the revenue generated from the
leases is necessary; and,
WHEREAS, section 18.04 of the Roanoke County Charter directs
that the acquisition or conveyance of an interest in real estate, I
including leases, shall be accomplished by ordinance; the first
reading of this ordinance was held on May 11, 1993; and the second
reading was held on May 25, 1993.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the County Administrator is hereby authorized to
extend the existing lease of 14,795 square feet of office space at the
Traveler's Building to Blue Cross and Blue Shield of v1rginia from
June 1, 1993, through September 30, 1993, at $13,870.31 per month
rental to be paid into an escrow account with HCMF Real Estate for
improvements ,to the Traveler's Building, plus payment of $3,548.65 per
month to Peery Realty, Inc., for extension of the County's lease of I
office space at Brambleton Corporate Center through December 3l, 1993.
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May 25, 1993
349
2. That the County Administrator is hereby authorized to
extend the lease of office space for County departments at Brambleton
Corporate Center from Peery Realty, Inc., from August 1, 1993, through
December 31, 1993, with the monthly rental of $3,548.65 to be paid by
Blue Cross and Blue Shield of Virginia.
3. That the County Administrator is hereby authorized to
enter into a Lease Amendment and Sub-Lease with GettyMart, Inc., and
Uni-Marts, Inc.. to rent 14,795 square feet of office space on the
fourth floor of the Traveler's Building from April 1, 1993, through
January 31, 1996, at a monthly rental of $7,767.00, and to make such
arrangements for rental payments, offsets and credits as may be
appropriate and acceptable-to all parties.
4. That the County Administrator is hereby authorized to
enter into lease termination agreements, effective April 1, 1993, with
regard to the previously existing leases of office space to Fieldcor,
Inc., and ADS Software, Inc.
5. That the rental income, aggregating $53,099.00,
generated to the County from these leases for the 1992-93 fiscal year
be, and hereby is, appropriated to cover the expense of moving and
relocating the Roanoke County Administration Center to the Traveler's
Building.
6. That the County Administrator is authorized to execute
the lease agreements on behalf of the Board of Supervisors of the
County of Roanoke and to execute such other documents and take such
further actions as are necessary to accomplish these transactions, all
of which shall be upon form approved by the County Attorney.
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May 25, 1993
7. That this ordinance shall be, and hereby is, effective
from the date of its adoption on May 25, 1993, and in accordance with
paragraphs 3 and 4 herein.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens
NAYS: None
ABSTAIN: Supervisor Minnix
IN RE:
APPOINTMENTS
~ Clean Valley Council
Chairman Minnix requested that the Clerk contact
Reynolds to determine if he would like to be reappointed.
Vince I
~ Parks and Recreation Advisory Committee
Supervisor Johnson nominated Howard G. Bullen as an at-large
representative to serve a three-year term. His term will expire on
June 30, 1996.
Chairman Minnix requested that since Mr. Bullen's
appointment is an at-large position, the confirmation be removed from
the Consent Agenda and moved to the June 8, 1993 Meeting. Supervisor
Johnson concurred with this action.
IN RE: CONSENT AGENDA
R-52593-6
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May 25, 1993
35 1
Supervisor Johnson moved to approve the Consent Agenda with
the deletion of Mr. Bullen's confirmation from Item 1.
The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 52593-6 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM R - 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 25, 1993, designated as Item K - Consent Agenda
be, and hereby is, approved and concurred in as to each item
separately set forth in said section designated Items 1 through 5,
inclusive, as follows:
1. Confirmation of Committee Appointments to Board of
Zoning Appeals, Clean Valley Council, Fifth Planning
District Commission, and Parks and Recreation Advisory
Commission.
2. Acknowledgement of Acceptance of 0.51 Miles of
Fl intlock Road, 0.15 Miles of Duxbury Lane, and 0.05
Miles of Brewster Circle into the Secondary System of
Virginia Department of Transportation.
3. Donation of Sanitary Sewer Easement on Lot 12, Section
6, Ivy Green, Branderwood Subdivision.
4. Authorization to Pay certain Legal Fees Regarding
Grumman Emergency Products.
5.
Authorization to Execute Final Change Order for Design
of Starkey Wastewater Pump station.
2.
That the Clerk to the Board is hereby authorized and
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352
May 25, 1993
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 Agenda,
and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Eddy: (1) He asked for comments about having a
planning retreat. Supervisor Johnson suggested waiting because of the
upcoming election but indicated that he had no problem with having a
retreat. Supervisor Kohinke stated that he would attend. Supervisor I
Minnix requested that the Clerk obtain dates for the planning retreat.
(2) He advised that he gave questions in a memorandum to staff
concerning the Emergency Operations Plan. (3) He advised of his
concern about citizen input at meetings because of citizen complaints
about not being able to hear or speak at recent Planning commission
Work Session. Chairman Minnix advised that a satisfactory response
had been made. Supervisor Johnson responded that citizen input should
be appropriate at all meetings. ( 4) He supported Chairman Minnix
writing a letter to legislators about Superfund legislation. (5) He
attended the Young Lawyer Bar Association Economic Development
meeting. (6) He attended a course on the Cable TV Act sponsored by
Cox Cable, and he has been invited to the Cox Cable meeting on May 27, II
1993, to discuss legislation.
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May 25, 1993
35 3
Supervisor Nickens: (1) He asked that a correction be made
to Page G5 of the Emergency Operations Plan because Lifeguard 10 is
not stationed at Community Hospital. (2) He advised that the
Lancelot's owner is working closely with Don Ford in the process of
getting the facility back in operation. He requested that Mr. Bill
Mercer, Therapy Associates, a tenant at the Lancerlot, be provided
with information and kept advised of the proceedings. (3) He
requested that the VPI study of the Commissioner of Revenue's and
Treasurer's Offices be utilized to implement those items without
dollar expenditures. He encouraged the review to improve service.
(4) He advised that the purchase of a ladder truck for vinton is on
hold for thirty days while evaluating the retrofitting of truck. (5)
He commended the staff for an excellent budget process.
Supervisor Johnson: (1) He commented on the legal expense
involved in litigation concerning the emergency services vehicle, and
suggested that if an alternative resolves the situation, this should
be done. (2) He advised that he has Mr. Mercer's address. (3) He
asked that the County follow through on buffering and screening
requirement for the State Forensics Lab. He advised that he will
bring back a report on the North County Recreation facilities. (3)
He advised that he would like to receive reports such as Emergency
Operations Plan in sufficient time to read before Board Meeting.
Supervisor Kohinke: (1) He advised that he and staff
attended a Mason Cove Meeting regarding community concerns about
Jubilee Acres, a proj ect sponsored by a downtown rescue mission.
Another meeting has been scheduled, and he asked that staff follow up
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35.4
May 25, 1993
on this situation.
(2)
He would like to see a higher priority on
converting two-lane portions of u.s. 11/460 tò four lanes.
(3)
He
commended Roanoke Times & World-News for the recent article on
himself.
supervisor Minnix:
(1)
He advised that he would send a
letter to legislators on the Superfund legislation.
(2)
He advised
that the Board will tour Spring Hollow Reservoir after the work
session at the jail on June 8, 1993. (3) He advised that in order to
avoid the appearance of a conflict of interest, he has resigned his
position at Peery Flora, real estate firm, and placed his license in
an inactive status.
(4)
He asked Mr. Hodge to advise the Board on
the effect of the Motor Voter Bill. (5) He received Board consensus
to appoint Fred Anderson as the County delegate to National
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Association of Counties Conference.
IN RE:
REPORTS
Supervisor Johnson moved to receive and file the following
reports after discussion of Items 5 and 7.
The motion carried by a
unanimous voice vote.
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General Fund unaoorooriated Balance
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Caoital Fund Unaoorooriated Balance
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Board contingency Fund
statement of Revenues and Exoenditures as of Aoril 30.
1993.
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Reoort on 1991 Water proiects.
Report on the Roanoke vallev Resource Authority Solid II
Waste Facilities.
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May 25, 1993
355
~ Reoort on Bond Proiects.
Supervisor Nickens requested that a different method be used
to show progress on future reports because of difficulty with reading
information.
IN RE:
RECESS
At 5:20 p.m., Chairman Minnix declared a three-minute
recess.
IN RE: WORK SESSION ON ILLEGAL DUMPING
Terry Harrington, Director of Planning & Zoning, and Lee
Garman, Zoning Enforcement Officer, briefed the Board on the situation
concerning illegal dumping in the County. Mr. Harrington advised that
there are 60 known sites in the County which consist of roadside
dumps, private open dumps, and landfills. He described the current
enforcement initiatives that staff has developed for dealing with
smaller sites but stated that there no current tools or strategies for
cleaning up the larger sites.
Supervisor Kohinke. requested that each supervisor be
provided with a list of the locations of dump sites in their district.
Supervisor Johnson suggested that if the opportunity arises,
helicopters could provide good aerial views of illegal dumps and could
assist in locating them. He also suggested the possibility of
purchasing more freeloaders in order to prevent illegal dumps.
Supervisors Johnson and Nickens requested that Mr. Mahoney
investigate possible legislative remedies for corrective action. Mr.
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May 25, 1993
Mahoney advised that liability issues would be of concern in pursuing
a legislative solution.
Supervisor Eddy suggested that a regional approach should be
taken to this problem since illegal dumps in Roanoke County affect
other localities.
Mr. Harrington advised that he will bring back a proposal
for a1ISTEA 80/20 grant and recommendations, by early fall 1993.
IN RE:
EXECUTIVE SESSION
At 6:10 p.m., Supervisor Nickens moved to go into Executive
Session pursuant to the Code of Virginia Section 2.1-344 A (7)
Consultation with legal counsel and briefings by staff members
pertaining to probable litigation: (3) Discussion or consideration of II
the use of real property for public purposes, Valley TechPark; (7)
Contract negotiations pertaining to smith Gap Landfill. The motion
carried by the following recorded vote:
AYES: supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE: CERTIFICATION OF EXECUTIVE SESSION
R-52593-7
At 7:00 p.m., supervisor Johnson moved to adopt the
resolution. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix II
NAYS: None
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May 25, 1993
357
RESOLUTION 52593-7 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 Supervisor Johnson to adopt the certification
Resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
EVENING SESSION
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358 i'
May 25, 1993
Chairman Minnix recognized members of Boy Scout Troop 236,
Windsor Hills Methodist Church, and leader, John Childress.
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
~ Ordinance to Increase the Salaries of the Members of
the Board of suoervisors Pursuant to section 3.07 of
the Roanoke County Charter and Section 14.1-46.01:1 of
the Code of Virainia (Paul Mahoney County Attorney)
0-52593-8
There was no discussion. supervisor Nickens moved to adopt
the ordinance. The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens,
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NAYS:
Supervisor Minnix
ORDINANCE 52593-8 TO INCREASE THE SALARIES OF THE
MEMBERS OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY PURSUANT TO SECTION 3.07 OF THE ROANOKE
COUNTY CHARTER AND SECTION 14.1-46.01:1 OF THE
CODE OF VIRGINIA
WHEREAS, Section 3.07 of the Charter of the County of
Roanoke provides for the compensation of members of the Board of
Supervisors and the procedure for increasing their salaries; and
WHEREAS, section 14.1-46.01:1 of the 1950 Code of Virginia,
as amended, establishes the annual salaries of members of boards of
supervisors within certain population brackets; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, has heretofore established the annual salaries of Board
members to be $9,522 by Ordinance 52692-19 and further has established
the additional annual compensation for the chairman for the Board to
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May 25, 1993
359
be $1,800 and for the vice-chairman of the Board to be $1,200; and
WHEREAS, this section provides that the maximum annual
salaries therein provided may be adjusted in any year by an inflation
factor not to exceed five (5%) percent; and
WHEREAS, the first reading on this ordinance was held on May
11, 1993; the second reading and public hearing was held on May 25,
1993.
NOW, THEREFORE, it is hereby ORDAINED by the Board of
Supervisors of Roanoke County, Virginia, that the annual salaries of
members of the Board of Supervisors of Roanoke County, Virginia, are
hereby i~creased by an inflation factor of three (3%) percent pursuant
to the provisions of section 3.07 of the Roanoke County Charter and
section 14.1-46.01:1 of the 1950 Code of Virginia, as amended. The
new annual salaries shall be $9,808 for members of the Board. In
addition, the chairman of the Board will receive an additional annual
sum of $1,800 and the vice-chairman of the Board will receive an
additional sum of $1,200.
This ordinance shall take effect on July 1, 1993.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens
NAYS: Supervisor Minnix
~
Ordinance Amendina the Roanoke County Code bY Amending
and Reenactinq section 18-168 Schedule of Charaes bY
providina for Establishina an Increase in Sewer Use
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360
May 25, 1993
Rates.
(Diane Hyatt, Director of Finance)
0-52593-9
Ms. Hyatt advised that this ordinance increases sewer rates
by 15 percent in order to remove the General Fund subsidy to the Sewer
Fund and have the sewer rates cover the entire expense of the
operations.
Supervisor Eddy moved to adopt the ordinance.
The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 52593-9 AMENDING THE ROANOKE COUNTY CODE
BY AMENDING AND REENACTING SECTION 18-168 SCHEDULE
OF CHARGES BY PROVIDING FOR AND ESTABLISHING AN
INCREASE IN SEWER USER RATES
of I
WHEREAS, by Ordinance 62486-147 the Board of Supervisors
noanoke County; Virginia, adopted and established sewer user 1'ates for
Roanoke County utility customers; and,
WHEREAS, sections 15.1-292.2 and 15.1-876 of the 1950 Code
of Virginia, as amended, authorizes the establishment of rates and
charges for sewage disposal services; and,
WHEREAS,
the County General Fund has been subsidizing the
Sewer Fund for the costs of operating expenses for sewage disposal
services, and the Board finds that the users of these services should
pay the costs of providing these services; and,
WHEREAS, first reading of this ordinance was held on May 11,
1993, and the second reading and public hearing was held on May 25,
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1993, after pUblication and notice as required by law.
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May 25, 1993
36 1
BE IT ORDAINED by the Roanoke County Board of supervisors,
as follows:
1. That the provisions of Ordinance 62486-147 with respect
to sewer user rates are hereby repealed.
2. That section 18-168, Schedule of Charqes, of the
Roanoke County Code, is hereby amended and reenacted by providing for
and establishing sewer user rates or charges for residential,
commercial and industrial users for the use and service of the sewage
system in Roanoke County. Such rates or charges shall be based upon
the volume of wastewater as determined by the amount of water supplied
to the user, as follows:
Sec. 18-168. Schedule of charges.
(c)
commercial and
follows:
* * * *
The schedule of base charges for residential,
industrial customers of Roanoke County shall be as
SCHEDULE OF BASE CHARGES
Volume Based
Water Supplied
1000 Gallons
Per Month
Base charge
Per Month
10
14
17
28
39
54
69
111
153
210
267
440
613
853
1093
$ 6.43
9.65
16.08
26.68
37.28
51.43
66.22
107.03
147.86
202.81
257.78
424.60
591. 42
822.85
1,054.27
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May 25, 1993
1400
1707
2087
2467
1,349.99
1,645.70
2,012.12
2,378.55
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The volume charge will be based on water used and
will be .90 per 1000 gallons for sewer. The
volume charge is added to the base charge to
determine the total sewer bill.
(d) That the Director of Finance is authorized to adjust utility
charges arising from filling swimming pools with water when such water
is not introduced into the sanitary sewer system. Any such adjustment
shall be limited to once per year, and be for sewer charges only. The
Director of Finance may promulgate regulations to implement this
adjustment procedure.
(e) That for those customers that are sewer customers only and
do not have water meters, sewer is billed at an estimated usage of
30,000 gallons per month for commercial customers and 18,000 gallons
per quarter for residential service. Such rates or charges shall be
based on the schedule of charges established in this ordinance.
(f) That the provision of this ordinance and the rates I
established hereby shall be effective from and after July 1, 1993.
On motion of Supervisor Eddy to adopt the, ordinance, and carried
by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
h
Ordinance Authorizinq a special Use Permit to operate a
commercial Indoor Amusement Area, Located at 5383 W. Main
street, Catawba Maaisterial District, Uoon the Petition of
Natasha Ross.
(Terry Harrinaton, Director of Plannina &
Zonina)
0-52593-10
Mr. Harrington advised that this is a request for a Special
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Use Permit to expand an existing restaurant to include pool tables and
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363
May 25, '~993
pinball machines.
It is consistent with the Core land use design in
the Roanoke County Comprehensive Plan and the Planning Commission
recommended approval without conditions.
Supervisor Kohinke moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None,
ORDINANCE 52593-10 GRANTING A SPECIAL USE
PERMIT TO NATASHA ROSS TO OPERATE A
COMMERCIAL INDOOR AMUSEMENT AREA LOCATED
AT 5383 W. MAIN STREET (TAX PARCELS
64.01-3-13), CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Natasha Ross has filed a petition to operate a
commercial indoor amusement area located at 5383 W. Main Street in the
Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on
"
this matter on May 4, 1993; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on April 27, 1993; the
second reading and public hearing on this matter was held on May 25,
1993.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a special use
permit to operate a commercial indoor amusement ,area located at 5383
W. Main Street in the Catawba Magisterial District is substantially in
accord with the adopted 1985 Comprehensive Plan pursuant to the
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May 2S, 1993
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provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended.
2. That the Board hereby grants a Special Use Permit to
Natasha Ross to operate a commercial indoor amusement area located at
5383 W. Main Street in the Catawba Magisterial District.
On motion of Supervisor Kohinke to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
~ Ordinance to Rezone a .359 Acre Parcel From C-2 to AV
to Ooerate an Office, Located at 7155 Bent Mountain
Road, Windsor Hills Maaisterial District, Uoon the
Petition of Blue Ridqe International Limited Liability
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Comoany. (Terry Harrinqton, Director of Plannina &
Zonina)
0-52593-11
Mr. Harrington advised that this is a request to rezone an
existing commercial site to bring it into conformity with the
Comprehensive site Plan and eliminate conditions on the property which
was previously used for antique sales.
The Planning Commission
recommended approval of the rezoning with no conditions.
Ed Natt, representing the petitioner, was present to answer
questions.
Supervisor Eddy moved to adopt the ordinance.
carried by the following recorded vote:
The motion
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365
May 25, 1993
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AYES: Supervisors Kohinke, Eddy, Nickens, Minnix
NAYS: None
ABSENT: Supervisor Johnson
ORDINANCE 52593-11 TO CHANGE THE ZONING
CLASSIFICATION OF A .359 ACRE TRACT OF REAL ESTATE
LOCATED AT 7155 BENT MOUNTAIN ROAD (TAX MAP NO.
95.01-1-34.4) IN THE WINDSOR HILLS MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATION OF C-2 TO
THE ZONING CLASSIFICATION OF AV UPON THE
APPLICATION OF BLUE RIDGE INTERNATIONAL LIMITED
LIABILITY CO.
WHEREAS, the first reading of this ordinance was held on
April 27, 1993, and the second reading and public hearing was held May
25, 1993; and,
I
WHEREAS, the Roanoke County Planning commission held a
public hearing on this matter on May 4, 1993; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning classification of a certain tract of
real estate containing .359 acre, as described herein, and located at
7155 Bent Mountain Road, (Tax Map Number 95.01-1-34.4) in the Windsor
Hills Magisterial District, is hereby changed from the zoning
classification of C-2, General Commercial District, to the zoning
classification of AV, Village Center District.
2. That this action is taken upon the application of Blue
II Ridge International Limited Liability Co..
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366,
May 25, 1993
3. That said real estate is more fully described as
follows:
Tract 3, containing 0.359 acres, more or less,
according to a plat of the C. F. Kefauver Estate,
Colonial American National Bank, Trustee, showing
division of 245.43 acre tract situate on u.s.
Highway 221 by T. P. Parker & Son, Engineers and
Surveyors, Ltd., dated February 22, 1985, of
record in the Clerk's Office of the circuit Court
of the County of Roanoke, Virginia, in Plat Book 9
at page 327;
Being a part of the same property conveyed to C.
F. Kefauver from Boyd F. Butler, et als., by deed
dated January 15, 1971, of record in the aforesaid
Clerk's Office in Deed Book 9ll at page 408.
4. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts of
ordinances in conflict with the provisions of this ordinance be, and
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the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect thE: change in zoning
classification authorized by this ordinance.
On motion of Supervisor Eddy to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors KOhinke, Eddy, Nickens, Minnix
NAYS:
None
ABSENT:
Supervisor Johnson
~ Ordinance to Amend Resolution 62789-12 Grantina the
soecial Exceotion Permit to Reflect the Actual Surveyed
Acreaae
of
the
Area
oriainallY
Permitted
and
to
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May 25, 1993
367 .;
IncorÐorate Lands Acauired
for the Entrance, Tiooer
Buildina, and Rail Yard Associated with the Reqional
Landfill at smith Gap, Located Northwest side of Fort
Lewis Mountain Between smith Gao and Bradshaw Road,
Catawba Maaisterial District, Uoon. the Petition of the
Roanoke Valley Resource Authority.
(Terry Harrinaton,
Director of Plannina & Zonina)
0-52593-12
Mr. Harrington advised that this request to amend the
Special Use Permit granted in 1989 for the smith Gap Landfill is being
made to clarify the acreage which is approximately 100 more acres than
I
originally
stated.
It is also being requested to include the
entrance,
tipper building and the rail yard under the Special Use
Permit. The Planning Commission ~ecommended approval.
Supervisor Nickens moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 52593-12 AMENDING RESOLUTION 62789-12
GRANTING A SPECIAL EXCEPTION PERMIT TO THE BOARD
OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, TO
PUBLICLY OWN AND OPERATE A SOLID WASTE DISPOSAL
FACILITY ON WHAT IS KNOWN AS THE "SMITH GAP SITE;"
SAID AMENDMENT TO REFLECT THE ACTUAL SURVEYED
ACREAGE AND TO INCORPORATE ADDITIONAL LANDS
WHEREAS, on June 27, 1989, the Board of Supervisors granted
a Special Exception Permit for the location and operation of a solid
I waste facility on what is known as the "smith Gap Site" located on
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368
May 25, 1993
640.39 acres on the northwest side of Fort Lewis Mountain between
Smith Gap and Bradshaw Road in the Catawba Magisterial District; and
WHEREAS, the Roanoke Valley Resource Authority has
petitioned for an amendment to the Special Exception Permit to reflect
the actual surveyed acreage of the area originally permitted and to
incorporate lands acquired for the entrance, tipper building and rail
yard associated with the regional landfill at Smith Gap; and
WHEREAS, the Planning Commission held a public hearing on
this matter on May 4, 1993; and
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on April 27, 1993; the
second reading and public hearing on this matter was held on May 25,
I
1993.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of the petition
of the Roanoke Valley Resource Authority to amend the Special
Exception Permit granted by Resolution 62789-12 to include the actual
surveyed acreage of 752.01 acres be, and hereby is, approved; and
2. That the Special Exception Permit be expanded to allow
the location and operation of a solid waste facility on additional
land_ acquisitions (for the entrance, tipper building, and rail yard
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associated with the regional landfill) ,
said additional land
acquisitions totaling 126.74 acres, making the total acreage covered
by this Special Exception Permit to be 878.75,
said 878.75 acres
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May 25, 1993
outlined in pink on the attached plat entitled "Composite Plat for
Roanoke Valley Resource Authority showing 6 parcels of land containing
1241. 355 Ac. situate off Va. Sec. Rte.. 622, Catawba Magisterial
District, Roanoke County, Virginia" dated February 23, 1992 and
revised April 29, 1993 and prepared by T. P. Parker & Son, Engineers,
Surveyors, Planners, said plat attached hereto and made a part hereof.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
IN RE:
ADJOURNMENT
At 7: 17 p.m., Supervisor Nickens moved to adjourn.
The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
I! 11. / /)ft/ J, J /" .
f (. (AJ/f'¡;;¡~ fl1~
H. Odell "Fužz " Minnix, Chairman
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