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HomeMy WebLinkAbout10/8/2002 - Regular October 8, 2002 641 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 October 8, 2002 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 October, 2002. INRE: CALL TO ORDER Chairman Church called the meeting to order at 3:01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph B. "Butch" Church, Vice Chairman Joseph McNamara, Supervisors Richard C. Flora, H. Odell "Fuzzy" Minnix, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Eimer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Diane S. Childers, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan R. O'Donnell, Assistant County Administrator IN RE: OPENING CEREMONIES The invocation was given by the Reverend Marianne Bird, Trinity United Methodist Church, Roanoke, Virginia. The Pledge of Allegiance was recited by all present. October 8, 2002 642 INRE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge asked that the Resolution of Appreciation to Harry C. Nickens be moved from Item C-2 to Item 0, at the request of Supervisor Nickens, to allow time for his family members traveling from out of state to arrive. Mr. Hodge also requested that Item C-1, Resolution of Welcome to the Honorable Yoshio Yamamoto, Mayor of Shinshiro City, Aichi Prefecture, Japan, and his delegation be held until later in the meeting. The delegation was visiting with staff at Carilion Hospital and will be late arriving. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1.:. Proclamation declarina October 2002 ID! "Crime Prevention Month" ill the County of Roanoke The proclamation was accepted by Ray Lavinder, Chief of Police; Lee Linkous, Crime Prevention Specialist; and McGruff, the Crime Dog. l. Proclamation declarina October .§ throuah October 16 2002, ID! "Mental Illness Awareness Week" ill Roanoke County The proclamation was accepted by Charles Wohlford, June Pee, Cliff DeMars and Shonna Allen, members of the Board of Directors of the National Alliance for the Mentally III (NAMI). October 8, 2002 643 ~ Proclamation declarina October § throuah October 16 2002 ID! "Fire Prevention Week" ill the County of Roanoke The proclamation was accepted by Chief Rick Burch and "Freddie the Fire Engine". Captain Darryl Sexton introduced the members of the career staff from the Clearbrook Station present at the meeting: Brad Creasy, Firefighter - City of Roanoke; Charlie Rucker, Paramedic/Firefighter; David Sizemore, Paramedic/Firefighter; and Kevin Gresham, Firefighter. Supervisor Flora commended the Fire Department for the outstanding job they have done, and indicated his support of the cooperative efforts between Roanoke City and Roanoke County as evidenced by the Clearbrook Fire Station. He also recognized their efforts in educating the public concerning fire safety. Supervisor Minnix stated he was proud of the fire and rescue personnel, and reported that a new portion of the facilities at the Clearbrook Station was dedicated this past Saturday, October 5. He stated that it was gratifying to see that the area localities have taken a step toward regional cooperation. ~ Resolution Qf welcome !Q the Honorable Yoshio Yamamoto, Mayor Qf Shinshiro City. Aichi Prefecture. Japan. and his deleaation. (Elmer Hodae. County Administrator) R-100802-1 Mr. Hodge introduced the members of the delegation from Japan which included: The Honorable Yoshio Yamamoto, Mayor of Shinshiro City; Mrs. Masako October 8, 2002 644 Yamamoto, wife of the Mayor; Mr. Katsuo Natsume, Director of Shinshiro City Hall; Dr. Masahiro Yoneda, Director of the Shinshiro Hospital who was touring one of the hospitals in Roanoke and unable to attend the meeting this evening; Mr. Kasume Takishita, Deputy Manager of the Secretarial Section; Mr. Yuuji Morishita, Deputy Manager of the Industrial Section; and Ms. Haruko Nishikawa, Interpreter. Mr. Hodge also introduced Ms. Barbara Nesbitt, Executive Director of the Japan-Virginia Society. Chairman Church presented the Resolution of Welcome to Mayor Yamamoto and the members of his delegation. Mayor Yamamoto stated that it was a great opportunity to speak to the members of the Board of Supervisors. He indicated that it was his first trip to Roanoke and he was very impressed with the hearty welcome he had received. He stated that although Roanoke and Shinshiro are far apart in terms of distance, they share many similarities which provide a sense of intimacy between the two cities. Mayor Yamamoto made reference to the Japanese companies operating in Roanoke County such as Dynax America Corporation, Yokohama Tire Corporation, and Koyo Steering Systems, and indicated his desire to have Virginia companies begin locating in Shinshiro to promote economic exchange between the two cities. Mayor Yamamoto indicated that he would like to extend the exchanges between our cultures to include areas such as sports, culture and economy. Mr. Katsuo Natsume, Director of Shinshiro City Hall, indicated that the purpose of the visit to Roanoke was to deepen the friendship between Roanoke County October 8, 2002 645 and Shinshiro and to expand the market for green tea. He expressed his appreciation to the County for their hospitality during his visit. Mr. Hodge shared some of the similarities between the County and Shinshiro, and stated that the following features exist in both localities: a coastline, mountainous and agricultural areas, a university, and a strong interest in health care issues. Chairman Church presented a paperweight to Mayor Yamamoto and Certificates of Honorary Citizenship were presented to Mayor Yamamoto and the members of his delegation. Mr. Hodge expressed his appreciation to Barbara Nesbitt, Wendi Schultz, Jill Loope, and Wanda Riley for their assistance in preparing for this visit. Supervisor McNamara moved to adopt the Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 100802.1 OF WELCOME TO THE HONORABLE YOSHIO YAMAMOTO, MAYOR OF SHINSHIRO CITY, AICHI PREFECTURE, JAPAN, AND HIS DELEGATION WHEREAS, Roanoke County and Shinshiro City, have enjoyed a fruitful business and cultural relationship for several years; and WHEREAS, this relationship, developed with the assistance of the Japan-Virginia Society, promises educational and economic benefit for the future of both communities; and October 8, 2002 646 WHEREAS, Shinshiro City shares many similarities with Roanoke County, including a fine quality of life, a beautiful countryside, and the presence of the Yokohama Tire Corporation; and WHEREAS, Shinshiro City is well known for its locally grown green tea; and WHEREAS, we are honored to have Mayor Yoshio Yamamoto and his Delegation visit us to introduce their green tea to the Roanoke Valley; and WHEREAS, the Japanese living in the Roanoke Valley, as well as Koyo Steering Systems and Dynax America Corporation, contribute greatly to the cultural and economic life of our community. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, on behalf of the members of the Board and the citizens of the County, does hereby extend the warmest welcome to THE HONORABLE YOSHIO YAMAMOTO, MAYOR OF SHINSHIRO CITY, JAPAN, and his Delegation, and looks forward to a long and prosperous relationship with the city. On motion of Supervisor McNamara to adopt the Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None INRE: NEW BUSINESS 1.:. Resolution declarina !! drouaht emeraency ill Roanoke County and reauestina disaster assistance from the Commonwealth Qf Virainia and the United States. (John M. Chambliss. Assistant County Administrator) R.100802.2 Mr. Chambliss reported that the Roanoke Valley has been suffering from drought conditions since July 1998 and at present, over 500 agricultural producers in the Roanoke area are being affected financially by this drought. In excess of 15,000 acres of crops and over 5,000 heads of livestock have been impacted by the drought conditions. The proposed resolution is a request to the Governor of Virginia designating October 8, 2002 647 Roanoke County as a drought disaster area and providing agricultural producers in the area with access to financial benefits, low rate loans, and other available assistance. There was no discussion on this item. Supervisor Nickens moved to adopt the Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 100802.2 DECLARING A DROUGHT EMERGENCY IN ROANOKE COUNTY, AND REQUESTING DISASTER ASSISTANCE FROM THE COMMONWEALTH OF VIRGINIA AND THE UNITED STATES WHEREAS, over the past several months, Roanoke County has suffered with above normal temperatures and a significant deficit in rainfall creating drought conditions throughout the agricultural areas of the County; and WHEREAS, these drought conditions caused by extreme weather have resulted in serious and irreversible damage to crop production and pasture growth, both of which have been reduced by forty to fifty percent from normal production; and WHEREAS, in recognition of these serious drought conditions and financial losses that are being experienced by local farmers, the County desires and respectfully urges that the appropriate Federal and State agencies declare Roanoke County to be experiencing a drought disaster in order that any available financial assistance be provided to it. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors recognizes that a drought disaster exists in Roanoke County and respectfully requests that the appropriate Federal and State agencies recognize these conditions and have the County declared a drought disaster area in order for the County to qualify for all financial assistance which may be available to the local farmers through this or a similar designation; and 2. That the Honorable Mark Warner, Governor of the Commonwealth, is hereby petitioned by Roanoke County to request that the President of the United States or the United States Secretary of Agriculture recognize Roanoke County's emergency situation and make any Federal drought assistance programs available to those who October 8, 2002 648 need them in Roanoke County; and 3. That the Clerk is directed to send a copy of this resolution to Governor Warner, Congressmen Goodlatte and Boucher, and Senators Warner and Allen. On motion of Supervisor Nickens to adopt the Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None INRE: FIRST READING OF ORDINANCES 1.:. First readina of an ordinance !Q vacate !! 50 foot public riaht Qf way. 20 foot drainaae easement. 40 foot drainaae easement and portions Qf 15 foot public utility easement recorded ill Plat Book ä Paae 35 (Roanoke County) and Plat Book ä Paaes 1.3 (Botetourt County). Stoneaate = Phase !. Hollins Maaisterial District. (Arnold Covey, Director Qf Community Development) Mr. Covey stated that the requested vacations are necessary for Stonegate Properties, LLC to re-subdivide the current Phase 1 and move to Phase 2. In order to proceed with recordation and development of the project, the proposed vacations are requested. There was no. discussion on this item. Supervisor Flora moved to approve the first reading and set the second reading and public hearing for October 22, 2002. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None October 8, 2002 649 INRE: PUBLIC HEARING AND SECOND READING OF ORDINANCE 1.:. Second readina Qf ordinance amendina the Roanoke County Code !!ï the addition Qf !! ~ Article ~ Qf Chapter 22 entitled ~ ~ Emeraencies .!!ill! Conservation Measures" declarina that !! water ~ emeraency exists. and the implementation Qf water conservation measures to restrict the !!§!! Qf ~ !!ï the citizens Qf the County Qf Roanoke for the duration Qf such emeraency. (Paul Mahoney. County Attorney: ~ Robertson. Utility Director) 0-100802-3 Mr. Robertson reported that in the State of Virginia, 172 public water supplies are currently under mandatory water conservation. Since Spring 2002, the number of failed wells in Virginia has risen to more than 4,000. Typically this number would be less than 100 for this time frame. These factors indicate the seriousness of the drought and the prognosis does not appear to be improving. Mr. Robertson distributed a Frequently Asked Questions brochure that will be mailed to citizens, placed on the internet, and possibly broadcast on Roanoke Valley Television (RVTV). He asked for input from the Board members regarding the content of the brochure. Mr. Robertson indicated that staff had attempted to make distinctions between private well usage versus County water system usage. He stated that the ordinance does not October 8, 2002 650 address what steps will be taken if drought conditions worsen, and it is possible that staff may return to the Board at a later date with more stringent restrictions. Mr. Mahoney outlined the following modifications that were made to the draft ordinance following the first reading: 1) Clarifications have been made to indicate that the ordinance applies to surface water withdrawals. 2) Consideration has been given to steps being taken by neighboring localities. 3) Golf courses and athletic fields that use County water would be restricted from watering those facilities. 4) Violations may be appealed through the County Administrator and then to the Board of Supervisors. 5) Provisions that apply to certain water withdrawals from private wells and surface water have been further clarified. Mr. Mahoney referred to Section 22.204 (I) which contains restrictions on the watering of lawns and washing of automobiles. This section does provide an exception for golf courses, athletic fields and other athletic facilities if the watering is derived from a private well or surface water withdrawal. Mr. Mahoney stated that if adopted, the mandatory conservation measures would go in effect tomorrow, October 9, 2002. Supervisor Minnix referenced a letter which was received from Hunting Hills County Club (HHCC) regarding water restrictions. He stated that they are a company that contributes a great deal to the economy of the County, and he indicated that the ordinance, as proposed, limits the watering of golf courses to those using ground wells or surface water withdrawals. He stated that HHCC has been unable to establish a private water system due to the terrain. In response to Supervisor Minnix's October 8, 2002 651 question, Mr. Robertson stated that the ordinance, as currently proposed, would not allow HHCC to water their golf tees and greens if they have to purchase their water from the County. Supervisor Minnix requested that Mr. Hodge and staff meet with individuals from HHCC to attempt to locate an untreated source of water to assist in maintaining this economic development industry. Mr. Hodge indicated that staff had hoped to be able to schedule a meeting with HHCC prior to presenting the ordinance to the Board for adoption. He stated that the ordinance is not in the best form because staff is working through this for the first time as are many other localities. He stressed the need to get the ordinance in place to allow for appeals to the State for lessening of restrictions on withdrawals from the Roanoke River. He indicated that if these issues can be resolved with schools and golf courses, staff will certainly do so in order to protect these economic assets. Supervisor Minnix stated that the Board should look closely at ways to help these industries. Supervisor Church stated he also has a golf course in his district, and stated that the loss of a green can amount to $15,000. He stated that athletic fields also represent a significant investment in facilities for Roanoke County residents, and there are also business that depend on the use of water for their survival. Supervisor Church questioned whether a two week extension prior to adopting the ordinance would be detrimental to the County's efforts. Mr. Robertson indicated that this would delay requests that he currently has pending with the State. October 8, 2002 652 Supervisor McNamara questioned whether a new or repaired pool can be filled under the provisions in the ordinance. Mr. Robertson indicated that according to the Governor's declaration, pools that need to be filled to maintain structural integrity can be filled, but cannot be replenished once they are initially filled. Mr. Robertson stated that Executive Order 33 lasts until June 30, 2003. Supervisor McNamara asked if there were any projections of the amount of water that will be saved by enacting this ordinance. Mr. Robertson stated that Charlottesville has been experiencing a 10-20% reduction in water usage, although the general guidelines project a 10% reduction. Supervisor Nickens stated that it appears that schools, ball fields, and Hanging Rock Golf Course can be accommodated under the restrictions because they have a source of water that is either from wells or untreated surface water, and that HHCC is the only facility at risk. Supervisor Nickens questioned whether or not HHCC had any source of well water available. He questioned whether the Board could pass the ordinance with the caveat that HHCC would be exempt from the restrictions until such time as staff has been able to meet with representatives to clarify the availability of other water sources. Mr. Mahoney indicated that this could pose a problem if the County and HHCC are unable to agree on terms once the ordinance is adopted with the exemption. Mr. Mahoney stated that the sections prohibiting the watering of golf courses and athletic fields and facilities with County water could be deleted and if October 8, 2002 653 drought conditions continue to deteriorate, staff would return to the Board to request a further tightening of the restrictions. Supervisor Nickens questioned whether it would be acceptable to the Board to adopt the ordinance with the removal of references to golf courses and athletic fields. Mr. Robertson stated that this would assist him in being able to proceed with his requests to the State, but asked that the Board eventually clarify these restrictions. He stated that the majority of telephone calls received have been from citizens concerned about the watering of golf courses and athletic fields, and this makes enforcement of the restrictions difficult. Supervisor Nickens moved to adopt the ordinance with the understanding that the provisions relative to golf courses and athletic fields be excluded at this time, and asked that staff return at the November 22 meeting to revisit the issue of restrictions for these facilities. Supervisor McNamara questioned whether this action would make the County's ordinance less restrictive than the Governor's declaration. Mr. Robertson indicated that it would not. Supervisor McNamara questioned whether there were any other areas where the County's ordinance is more restrictive than the State, and Mr. Robertson stated that the County does not distinguish between residential lawns and golf courses among users of the County's water. Mr. Mahoney stated that the County is recommending the prohibition of vehicle washing unless high pressure, low consumption equipment is used or a water recycling system is in place. The Governor's October 8, 2002 654 second set of modifications allowed car dealers to wash their vehicle fleet. Supervisor Minnix re-stated his position that his intent was to try to find a way to keep HHCC operating until the drought conditions lessened. He stated his concern about the message of unequal treatment that will be sent to citizens. He asked that County staff meet with individuals from HHCC first to try to determine the availability of alternative water sources. He stated that if the drought continues, the County will be in trouble next summer. He emphasized that he does not want citizens to feel that some industries are receiving special treatment. Supervisor Church stated that he would prefer to delay action for two weeks on the entire proposal to allow time to further evaluate the situation. Mr. Hodge stated that the County's first priority is the availability of drinking water for the citizens and for safety purposes. In discussions with golf courses and athletic facilities, it has been made clear that they will have to take many steps to curtail their usage. They will also modify their schedules to water only in the evenings and to water less frequently. The County also has plans to utilize some of the older wells that have been on standby status for this purpose. At this time, staff feels it is possible to accomplish both these goals. If this action is delayed, one of the additions he would like to see is a third category of restrictions for severe mandatory restrictions where the County specifies what actions will be taken when the drought becomes more severe. Supervisor McNamara indicated that he did not view the removal of Item October 8, 2002 655 G as favoring golf courses, but rather as enacting the Governor's restrictions so that the County is better positioned for a permit application to be allowed to pull water from the Roanoke River if the opportunity exists. He stated if the situation is indeed serious, the County should not wait two weeks to act on the proposed ordinance. Otherwise, he stated the County should not proceed much further than the Governor's declaration at the present time. Supervisor Nickens concurred with Supervisor McNamara and stated that if the ordinance is enacted tonight, the County will have enforcement authority. Without adoption of the ordinance, enforcement capabilities do not exist. Supervisor Nickens moved to call for the question. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None Supervisor Nickens moved to adopt the ordinance with the provisions in Item G, line 2 relative to "golf courses and athletic fields and facilities" being excluded at this time. He requested that this item be brought back to the Board at the November 5 meeting to clarify restrictions pertaining to these facilities. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None October 8, 2002 656 ORDINANCE 100802-3 AMENDING THE ROANOKE COUNTY CODE BY THE ADDITION OF A NEW ARTICLE IV OF CHAPTER 22 ENTITLED "WATER SUPPLY EMERGENCIES AND CONSERVATION MEASURES," DECLARING THAT A WATER SUPPLY EMERGENCY EXISTS, AND THE IMPLEMENTATION OF WATER CONSERVATION MEASURES TO RESTRICT THE USE OF WATER BY THE CITIZENS OF THE COUNTY OF ROANOKE FOR THE DURATION OF SUCH EMERGENCY WHEREAS, on August 30, 2002, the Governor of the Commonwealth of Virginia issued Executive Order Number 33 entitled "Declaration of a State of Emergency Due to Extreme Drought Conditions throughout the Commonwealth" in which he proclaimed a state of emergency throughout the Commonwealth due to drought conditions, instituted mandatory restrictions on certain uses of surface and ground water in Roanoke County and other localities in the Commonwealth, mandated agencies of both state and local governments to render appropriate assistance to address drought conditions, and authorized local governments to establish, collect, and retain fines for violations of the water restrictions; and WHEREAS, Section 15.2-924 of the Code of Virginia (1950), as amended, authorizes the Board of Supervisors of the County of Roanoke, when it finds that a water supply emergency exists or is reasonably likely to occur if water conservation measures are not taken, to restrict the use of water by the citizens of the County for the duration of such emergency or for a period of time necessary to prevent the occurrence of a water supply emergency; and WHEREAS, the Board hereby finds that a water supply emergency exists or is reasonably likely to occur if water conservation measures are not taken when flows in the Roanoke River reach such low levels and that drought conditions exist in the Roanoke Valley; and WHEREAS, stream flows have recently approached historic low levels that necessitate limiting use of the public water source for the protection of the health, safety and general welfare of the citizens of the County; and WHEREAS, the Board finds that it is necessary to adopt regulations reducing, restricting or curtailing the use of water by the citizens of the County in the manner hereinafter set forth in order to comply with the Governors Executive Order and the requirements contained therein, and to address any existing or potential water supply emergency situations. BE IT ORDAINED By the Board of Supervisors of Roanoke County, Virginia, as follows: § 1. That the Board hereby determines and finds that a state of emergency exists, as proclaimed in the Executive Order of the Governor of this Commonwealth, October 8, 2002 657 due to extreme drought conditions in the County, neighboring localities, and throughout the Commonwealth, and that a water supply emergency continues to exist in the County, due to current water levels in the Roanoke River and water levels in the County's Spring Hollow Reservoir and its groundwater wells for its public water system and anticipated demand in the immediate future, which together necessitate the adoption of this Ordinance mandating restrictions on the use of water in the County under the terms and conditions set forth in this Ordinance. § 2. That the Code of the County of Roanoke is hereby amended and reenacted by adding a new Article IV of Chapter 22, entitled "Water Supply Emergencies and Conservation Measures" as follows: ARTICLE IV. WATER SUPPLY EMERGENCIES AND CONSERVATION MEASURES Sec. 22-200. Generally. (a) Purpose. The purpose of this division is to establish water conservation reduction measures to be imposed when drought, water shortage and low flows in the Roanoke River require water conservation measures to be in effect for public water supply use. It shall also apply to water supplied from private groundwater sources and to surface water withdrawals. (b) Exemptions from application. The provisions of this Article shall not apply to any governmental activity, institution, business, residence, or industry when it has been determined by the County Administrator that an exemption is necessary for the public health, safety and welfare, for the prevention of severe economic hardship or the substantial loss of employment, or for the health of any person. Recycled water shall also be exempt from the provisions of this Article. Sec. 22-201. Definitions. As used in this division: (a) "Fountain" shall mean a water display where water is sprayed strictly for ornamental purposes. (b) "Paved areas" shall mean streets, sidewalks, driveways, patios, parking lots, service station aprons, and other surface areas covered with brick, paving, tile, or other material through which water cannot pass. (c) "Swimming poor' shall mean any structure, basin, chamber, or tank, including hot tubs, containing an artificial body of water for swimming, diving or recreational bathing and having a depth of two (2) feet or more at any point. (d) "Person" shall mean any individual, corporation, partnership or other legal entity in the County. (e) "Recycled water" shall mean water originally potable but circulated for reuse after delivery from the public water system. Sec. 22-202. Declaration. The Board shall declare the imposition of either voluntary or mandatory water conservation measures whenever the County is experiencing a water supply emergency October 8, 2002 658 or the need to avert a water supply emergency. The need to avert an emergency and to implement voluntary conservation measures shall be deemed to exist whenever the flows in the Roanoke River drop to levels that require the limitation of withdrawals for Spring Hollow Reservoir, the water level in the Reservoir is below normal for that time period, and meteorological projections indicate consideration of such measures. The need to avert an emergency and to impose mandatory water conservation measures shall be deemed to exist when the Reservoir contains less than a 150 days supply at current usage patterns for the period between June 1 and October 1, or a 100 day supply for the period between October 1 and June 1, and very limited supplies of water are available. Notices of the implementation and termination of the water conservation measures shall be publicly announced and published in a daily newspaper for at least one (1) day. The implementation or termination of the measures shall become effective immediately upon publication of the respective notice. Sec. 22-203. Voluntary water conservation measures. When voluntary water conservation measures are in effect, the Board shall request the general public, businesses and public agencies in the county to implement and comply with the following water use reduction measures: (a) Lawns and Gardens. Reduce watering to only when necessary to maintain viability, and then only between the hours of 8:00p.m. and 8:00a.m. (b) Paved areas. Reduce washing. Washing paved areas for immediate health and safety is exempted. (c) Swimming pools. Reduce filling and replenishing to levels required to maintain health and safety. (d) Vehicle washing. Reduce non-commercial washing of mobile equipment. Commercial mobile equipment washing businesses are exempt (e) Restaurants. Serve water to customers only upon request. (f) Public Utilities. Reduce scheduled sewer and hydrant flushing by fifty percent (50%). Flushing to meet immediate health and safety requirements is exempt. Sec. 22-204. Mandatory water conservation measures. When mandatory water conservation measures are in effect, the general public, businesses and public agencies shall comply with the following water use restrictions: (a) Fountains. Operation prohibited. (b) Paved areas. Washing prohibited except for immediate health and safety requirements, or except for commercial or industrial operations using high pressure low consumption equipment. Washing for maintenance purposes one time within any twelve (12) month period is permitted. (c) Swimming pools. Prohibit filling of outdoor swimming pools. Replenishing to maintain the structural integrity of the pool or to ensure swimmer health and safety is permitted. (d) Vehicle washing. Prohibit non-commercial washing of automobiles, trucks, trailers, boats, airplanes or any other type of mobile equipment, except in October 8, 2002 659 commercial facilities if operating with high pressure low consumption equipment or operating with a water recycling system. The County Administrator may order the curtailment of the hours of operation of such commercial facilities or operations offering such services to the public or washing their own equipment. (e) Restaurants. Serve water to customers only upon request. (f) Public Utilities. Conduct sewer and hydrant flushing only for the purpose of fire suppression or other public emergency. Flushing to meet immediate health and safety requirements is exempt. (g) Lawns and Gardens. Eliminate watering of shrubbery, trees, lawns, grass, plants or other vegetation, golf courÐOS and athletic fielE!Ð aRE! facilities, except indoor plantings, greenhouse or nursery stocks and watering by commercial nurseries of freshly planted plants upon planting and new and replanted or resodded lawns for a period not to exceed thirty (30) days. (h) Eliminate the washing of the exteriors of commercial or industrial buildings, homes or apartments. Washing for maintenance purposes one time within any twelve (12) month period is permitted. (I) Private wells and surface water withdrawals. Eliminate watering of lawns, gardens, shrubbery, trees, grass, plants or other vegetation (except indoor plantings, greenhouse or nursery stocks is permitted), washing of automobiles, trucks, trailers, boats, airplanes or any other type of mobile equipment, or filling of outdoor swimming pools (replenishing to maintain the structural integrity of the pool or to ensure swimmer health and safety is permitted). Watering of freshly planted plants upon planting and new and replanted or resodded lawns for a period not to exceed thirty (30) days, tees and greens on golf courses, athletic fields and facilities, is permitted. Sec. 22-205. Violation; evidentiary presumptions; penalty for violation; appeals. (a) Violation. It shall be a violation of this Article for any person to intentionally, knowingly, recklessly or negligently use, cause the use of or permit the use of water in violation of any of the mandatory provisions of this division. (b) Evidentiary presumptions. For purposes of this Article, in any case where water has been used in a manner contrary to any mandatory provision of this division, it shall be presumed that the person in whose name a water meter connection is registered with the Utility Department has knowingly used, caused the use of or permitted the use of water in such a contrary manner. Proof that a particular premises had a water meter connection is registered in the name of the defendant cited in a criminal complaint filed pursuant to this Article shall constitute in evidence a prima facie presumption that the defendant is the person who used, caused the use of or permitted the use of water in a manner contrary to any mandatory provision of this division. (c) Penalty for violation. Any person convicted of violating any of the provisions of this article shall be guilty of a Class 3 misdemeanor. In lieu of a criminal prosecution for a violation of this article, the County may impose a civil penalty for any October 8, 2002 660 violation. For a first offense the person will receive a written warning. On the second offense, the person will be assessed as a civil penalty a water bill surcharge fee of fifty dollars ($50.00) per violation for a residential account and one hundred dollars ($100.00) per violation for an institutional/commercial/industrial account. On the third and any subsequent offense, the person will be assessed as a civil penalty a water bill surcharge fee of one hundred dollars ($100.00) per violation for a residential account and two hundred dollars ($200.00) per violation for an institutional/commercial/industrial account. In addition, the Utility Department may suspend the service of any person violating any of the mandatory water use restrictions. All fines shall be imposed on the violator's next water bill. (d) Appeals. The person shall have the right to appeal to the County Administrator upon receiving written notice of any violation or intent to discontinue service. That person may then appeal the decision of the County Administrator to the Roanoke County Board of Supervisors. The procedure to be followed in any appeal is the same procedure as set out in Section 18-156.5 of this Code. (e) Each violation by a person shall be counted as a separate violation by that person, irrespective of the location at which the violation occurs. Sec. 22.206. Enforcement. The Chief of Police and the Director of the Utility Department, through their agents or employees, shall be jointly responsible for the administration and enforcement of this ordinance. The Director of the Utility Department is authorized to designate qualified Utility Department personnel to enforce this ordinance in the manner and to the extent allowed by law, including the filing of notices of violations of this Article and the filing of complaints with the Police Department for such violations. § 3. This ordinance shall not apply to that portion of the County served with public water by the Town of Vinton. § 4. This ordinance shall be in full force and effect upon its adoption. § 5. That the provisions of this Ordinance are severable, and the unenforceability of any provision of this Ordinance, as determined by a court of competent jurisdiction, shall not affect the enforceability of any other provision in the Ordinance. On motion of Supervisor Nickens to adopt the ordinance with the following change: under Section 22-204 "Mandatory Water Conservation Measure", Item (g) the wording "golf courses and athletic fields and facilities" shall be deleted, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None IN RE: CONSENT AGENDA R-100802-4, R.100802-4.f, R.100802-4,j October 8, 2002 661 Supervisor Nickens moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 1008024 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I . CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for October 8, 2002 designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 10, inclusive, as follows: 1. Confirmation of committee appointments: Virginia's First Regional Industrial Facility Authority 2. Acceptance of sewer facilities serving Brambleton Avenue Development 3. Acceptance of water and sewer facilities serving The Gardens of Cotton Hill, Section 7 - "Tulips in the Garden" 4. Designation of a voting representative at the Virginia Association of Counties (VACo) Annual Meeting on November 12, 2002 . 5. Request to accept the donation of certain real estate for entrance improvements to the Vinton Business Center from Lancerlot Sports Complex, LC; Virginia P. Whorley; Gerald H. Clark, et al; and Clinton Rieley Moorman, et ai, Vinton Magisterial District 6. Request to accept the remaining portion of Carolina Trail into the Virginia Department of Transportation Secondary System, Hollins Magisterial District 7. Acceptance and appropriation of Section 5311 grant monies on behalf of Unified Human Services Transportation System 8. Authorization to execute an updated contract with the Unified Human Services Transportation System, Inc. to provide the CORTRAN services for Roanoke County 9. Resolution of appreciation upon the retirement of Ronney M. Price after twenty-one years of service October 8, 2002 662 10.Request from schools to appropriate tuition preschool program funding in the amount of $35,000 for fiscal year 2002-03 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 Nickens to adopt the Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 100802-4.1 REQUESTING ACCEPTANCE OF THE REMAINING PORTION OF CAROLINA TRAIL INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to Section 33.1- 229, Code of Virginia, and the Department's Subdivision Street Requirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: Supervisor Nickens None Required Supervisors Flora. McNamara, Minnix. Nickens, Church None None October 8, 2002 663 RESOLUTION 100802-4.1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF RONNEY M. PRICE, COMMUNITY DEVELOPMENT DEPARTMENT, AFTER TWENTY ONE YEARS OF SERVICE WHEREAS, Ronney M. Price was first employed by Roanoke County Public Service Authority on April 4, 1977, and was employed by Roanoke County on July 1, 1980 through February 29, 1984, and again from April 4, 1988 through August 31, 2002; and WHEREAS, Mr. Price retired from Roanoke County as a Construction Inspector in the Community Development Department on September 1, 2002, after twenty-one years and two months of service; and WHEREAS, Mr. Price co-authored the first draft of the Roanoke County Water and Sewer Standards; and WHEREAS, Mr. Price, 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 RONNEY M. PRICE for over twenty-one 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 Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None INRE: REPORTS Supervisor Minnix moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None October 8, 2002 664 1.:. General Fund Unappropriated Balance l. Capital Fund Unappropriated Balance ~ Board Continaency Fund ~ Future School Capital Reserve ~ Statement Qf the Treasurer's Accountability ~ Investment and Portfolio Policy ID! Qf Auaust ~ 2002 2:. Proclamation sianed .ID! the Chairman L. Clean Valley Council Report INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Nickens: (1) He asked that the Board continue to review the proposed route of 1-73 and evaluate the feasibility of supporting the 1-581/Route 220 roadbed as it exists today. (2) He stated his concern regarding proposed outdoor sign regulations and the potential harm to the sign industry. IN RE: ADJOURNMENT Chairman Church adjourned the meeting at 5:00 p.m. until Monday, October 14, 2002 at 6:00 p.m. at the Roanoke County Administration Center, 5204 Bernard Drive, SW, Roanoke, Virginia, to interview candidates for the Vinton Magisterial District vacancy. October 8, 2002 665 Submitted by: Approved by: ~J~~-l!i. f)¡/j¡J2/)) Diane S. Childers Clerk to the Board October 8, 2002 666 This paae left blank intentionally.