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9/28/1993 - Regular
~ pOAN ~, z 1838 (2~~~xxt#~ .~~ ~..~~tx~.a~e ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA SEPTEMBER 28, 1993 i~wrr ar na s.E+~~a Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. Individuals with disabilities who require assistance or special arrangement in order to participate in or attend Board of Supervisors meeting or other programs and activities sponsored by Roanoke County, please contact the Clerk to the Board at (703) 772-2005. We request that you provide at least 48-hour notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. ALL PRESENT AT 3:04 P.M. 2. Irrvocation: The Reverend Jay Owens Lynn Haven Baptist Church 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS LBE ADDED CHANGE OF HALLOWEEN DATE TO SATURDAY OCTOBER 30, 1993 AS ITEM C-3 i ® Recycled Paper ECH MOVED WORK SESSION ON VEHICLE REPLACEMENT POLICY UNTIL FOLLOWING EVENING SESSION C. PROCIAMATIONS, RESOLUTIONS, RECOG1vITIONS, AND AWARDS 1. Resolution Declaring the Weekend of October 8 and 9 as the Second Annual Roanoke Valley Native American Heritage Festival and Pow Wow. R-92893-1 HCN MOTION TO ADOPT RESO URC ACCEPTED BY TIM TONES, ASST DIRECTOR OF PARKS 2. Introduction of Thomas S. "Pete" Haislip, Director of Parks and Recreation and Jonathan Vest, Horticulture Agent for VPI Extension. ECH INTRODUCED PETE l[-IAISLIP JMC INTRODUCED TONATHAN VEST D. PRESENTATIONS 1. Video of Regional Wastewater Treatment Plant (Angie McPeak, Cable TV Coordinator) PRESENTED BY ANGIE MCPEAK E. NEW BUSINESS 1. Request for Adoption of a Resolution Authorizing the Filing of Certification with the Federal Communications Commission to Permit the County to Regulate Rates for Basic Cable Service and Equipment. (Joseph Obenshain, Sr. Assistant County Attorney) R-92893-2 2 HCN MOTION TO ADOPT RESO AYES-BLJ,I.BE,HCN,FM NAYS-EGK 2. Request for Approval of Change Order for the Spring Hollow Reservoir Project. (Clifford Craig, Utility Director) A-92893-3 HCN MOTION TO APPROVE CHANGE ORDER URC 3. Request for Inclusion in the Roanoke County Pay Plan of the Chief Deputies in the County Treasurer's, the Commissioner of the Revenue's, and the Clerk of Circuit Court's Offices. (Elmer C. Hodge, County Administrator) A-92893 L+ BLJ MOTION TO INCLUDE IN CLASSIFICATION PLAN AYES-BI~T,HCN, FM NAYS-EGK ABSTAIN-LBE 4. Request for Authorization to Execute a Boundary Line Adjustment Between the City of Salem and the County of Roanoke (Roanoke College Investment Corporation and Morris A. Elam). (Paul Mahoney, County Attorney) R-92893-5 HCN MOTION TO ADOPT RESO URC 5. Request for Adoption of a Resolution Asking that the National Park Service and Blue Ridge Parkway Hold Public Hearings on the Blue Ridge Parkway Viewsheds. (Elmer C. Hodge, County Administrator) R-92893-6 BI.~T MOTION TO ADOPT RESO URC BI;T ASKED THAT RESO BE SENT TO ALL CONGRESSMEN AND LOCAL GOUTS ADTACENT TO ENTIRE LENGTH OF PARKWAY 3 6. Request for Authorization to Issue 1993 Water System Revenue Bonds to Refinance Previous Issues. (Diane Hyatt, Director of Finance) R-92893-7 EGK MOTION TO ADOPT RESO AS AMENDED BY DDH URC F. REQUESTS FOR WORK SESSIONS NONE G. REQUEST FOR PUBLIC F[FARING AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA BL7 MOTION TO APPROVE 1ST READING AND SET PUBLIC F[EARINGS FOR 10/26/93 URC 1. Ordinance to Rezone .886 Acre From C-1 to R-3 to Construct Multi-family Dwelling Units Located on Starkey Road Approximately 150 Feet South of Intersection with Woods Crossing Drive, Cave Spring Magisterial District, Upon the Petition of Hobart Family Trust. 2. Ordinance Authorizing a Special Use Permit to Construct an Accessory Apartment Located at 1845 Mountain View Road, Vinton Magisterial District, Upon the Petition of Douglas & Dorothy Forbes. HCN ASKED FOR DETAIL INFO ON REQUEST 3. Ordinance to Rezone 0.6504 Acre from C-2 Conditional to C-2 to Construction an Automobile Parts Retail Store Located at 3505 Brambleton Avenue, Windsor Hills Magisterial District, Upon the Petition of Floyd T. Critcher. 4. Ordinance to Amend Conditions on 2.066 Acres to Construct aHotel/Restaurant Located Approximately 200 4 Feet North of Carvin Street and Walrond Drive, Hollins Magisterial District, Upon the Petition of Richard W. Sloan. 5. Ordinance to Rezone 1.22 Acres From C-2 to R-1 to Expand or Replace an Existing House, Located at 5374 Main Street, Catawba Magisterial District, Upon the Petition of the Roanoke County Planning Commission. H. FIRST READING OF ORDINANCES 1. Ordinance Authorizing the Corneyance of a Temporary Grading and Construction Easement to the Commonwealth of Virginia in Association with the Construction of the New Forensic Lab and to Accept a Water and Sewer Easement from the Commonwealth of Virginia. (John Chambliss, Assistant County Administrator) HCN MOTION TO APPROVE 1ST READING 2ND - 10/12/93 URC I. SECOND READING OF ORDINANCES 1. Ordinance Authorizing Corneyance of an Easement to Appalachian Power Company for Electric Service Across Five Oaks Road. (Clifford Craig, Utility Director) 0-92893-8 LBE MOTION TO ADOPT ORD URC 2. Ordinance Amending Article IV, Sewer Use Standards of Chapter 18 of the Roanoke County Code of 1985. (Clifford Craig, Utility Director) 0-92893-9 BT~T MOTION TO ADOPT ORD 5 AYES-BI~T~E GK,HCN,FM NAYS-LBE 3. Ordinance Authorizing Acquisition of a Water and Sewer Easement from Dairymen, Inc. (Clifford Craig, Utility Director) 0-92893-10 BI;T MOTION TO ADOPT ORD URC 4. Ordinance Authorizing Corneyance of an Easement to Appalachian Power Company for Electric Service Across Vinyard Park. (Vickie Huffman, Assistant County Attorney) 0-92893-11 HCN MOTION TO ADOPT ORD URC J. APPOINTMENTS 1. Grievance Panel 2. Industrial Development Authority HCN NONIINATED DARNELL VINYARD TO ANOTHER 4-YEAR TERM EXPIRING 9/26/97 3. Planning Commission 4. Regional Cable TV Committee HCN. AMG, AND ANGIE MCPEAK WILL MAKE RECOMII~NDATION K, CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA 6 ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WII.L BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. R-92893-12 EGK MOTION TO ADOPT CONSENT RESO URC 1. Confirmation of Committee Appointments to the Grievance Panel, the Industrial Development Authority and Virginia Western Community College Board. A-92893-12.a 2. Authorization to Pay Certain Legal Fees for Firetruck Litigation with Grumman Aircraft Company. A-92893-12.6 L. REPORTS AND INQUIRIES OF BOARD MEMBERS Supemsor Kohinke: (1) Thanked ECh for sending letter to VDOT. Asked ECH to check with VDOT on Dutch Oven Road. Supervisor Eddy: (1) Asked ECH about smoking policy for new RCAC. PMM will review ord and previously approved regulations regarding smoking in County buildings. (2~ Asked if staff had received further info from Delegate Cranwell regarding 9/21 meeting with Cranwell and Valley govt officials. ECH advised be is setting up next meeting date anad that Board needs to appoint an elected official and appointed official to represent the County. Board consensus to appoint Board chairman and ECH. (3) Advised he and HCN were on WFIR to discuss the school board selection referenda and will be s ep aki°g to the Rke Co. Council of PTA's with HCN and EGK. (4) Met with Sen. Goodlatte on 9/24 to view the Blue Ridge Parkway viewsheds and Goodlatte advised that there would probably be no federal money available. (5) Advised that contrary to RT&WN article on consolidation. his discussion with Windsor Hills residents shows no support for consolidation. Supervisor Nickens: (1) Thanked Don Myers for memo on regional decal enforcment. Suggested that Salem, Vinton and Botetourt County be involved in future meetings with Roanoke City. Asked staff for resort on additional employee to work on decal enforcement. (2) Thanked ECH for letter to Gary Everhardt regarding delay on the access road to Explore. Asked ECH to move forward if there is no response to letter. Supervisor Tohnson: (1) Expressed concern about the reduction of VDOT revenue sharing firnds which eliminated three roads in north County area ECH will work with Arnold Covey and VDOT to resolve. Supervisor Minnix: Advised he and ECH will work with Cranwell on local government meetin..gs. M. CITIZENS' C011~IlVIENTS AND CONIlVIIJNICATIONS NONE N. REPORTS HCN MOTION TO RECEIVE AND FILE AFTER DISCUSSION OF ITEM 7-UW 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Accounts Paid -August 1993 5. Report on 1991 Water Project 6. Report on Roanoke Valley Resource Authority Solid Waste Facilities. 7. Report on Bond Projects s 8. Report of Fire and Rescue Reaction/Response Times for August 1993. 9. Statement of Revenues and Expenditures as of August 31, 1993. O. WORK SESSION 1. Vehicle Replacement Policy MOVED TO EVENING SESSION FOLLOWING PUBLIC HEARINGS P. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 A (3) Discussion on acquisition of real estate for public purposes, i.e. Dixie Caverns removal action; (3) Discussion with legal counsel regarding litigation with City of Roanoke, i.e. water bill adjustment and (1) Personnel Matter, evaluation of the County Administrator; (1) another personnel matter FM MOTION TO GO INTO EXEC. SESSION AT 5:00 P.M. URC Q. CERTIFICATION OF EXECUTIVE SESSION R-92893-13 BI;T MOTION TO RETURN TO OPEN SESSION AT 7:09 P.M. AND ADOPT CERTIFICATION RESO AYES-BLT,EGK,LBE,FM ABSENT-HCN CLEFT AT 6:00 P.M.~ EVENING SESSION R. PROCLAMATIONS, RESOLUTIONS AND RECOGNITIONS 1. Resolution of Congratulations to the North Roanoke American Girls Softball Team for Winning the State 9 Championship. R-92893-14 BI;T MOTION TO ADOPT RESO AYES-BLJ,EGI~LBE,FM ABSENT-HCN PLAYERS RECEIVED CERTIFICATE AND COUN'T'Y PINS AND GAVE BOARD MEMBERS T-SHIRTS S. PUBLIC HEARINGS 1. Public Hearing and Adoption of a Resolution Authorizing the Issuance of General Obligation School Bonds to be Sold to the Virginia Public School Authority. (Diane Hyatt, Director of Finance) R-92893-15 BI{T MOTION TO ADOPT RESO AYES-BIJ,EGK?LBE,FM ABSENT-HCN T. PUBLIC HEARING AND SECOND READING OF ORDINANCES THE FOLLOWING PUBLIC HEARING HAS BEEN CONTINUED TO OCTOBER 26, 1993: Ordinance to rezone 0.85 acres from R-1 to C-2 and obtain a Special Use Permit to Operate a Used Automobile Dealership, Located at the South Side of Peters Creek Road West of the North Park Office Complex, Hollins Magisterial District, Upon the Petition of William I.. Hite. 1. Ordinance Authorizing a Special Use Permit to Expand Northside High School, located at 6758 Northside High School Road, Catawba Magisterial District, Upon the Petition of the School Board of Roanoke County. (Terry Harrington, Director of Planning and Zoning) 0-92893-16 LBE MOTION TO ADOPT ORD io AYES-BI+T.EGK,LBE,FM ABSENT-HCN 2. Ordinance Authorizing a Special Use Permit to Erect a 152 foot Self-supporting Broadcasting Tower, located on Honeysuckle Road, 1.75 Miles from Intersection of Honeysuckle Road and Poor Mountain Road, Windsor Hills Magisterial District, Upon the Petition of Appalachian Power Company. (Terry Harrington, Director of Planning and Zoning) 0-92893-17 LBE MOTION TO ADOPT ORD WITH EFFECTIVE DATE CHANGED TO "UPON ADOPTION OF ORDINANCE". URC (HCN ARRIVED AT 7:20 P.M.~ 3. Ordinance to Amend the Official Zoning Maps by the Adoption of Revised Flood Insurance Rate Maps Prepared by the Federal Emergency Management Agency to be Effective October 15, 1993, and to Make Minor Amendments to Section 30-74, Floodplain Overlay District, of the Zoning Ordinance to Reflect the New Maps, Upon the Petition of the Roanoke County Planning Commission. (Terry Harrington, Director of Planning and Zoning) 0-92893-18 HCN MOTION TO ADOPT ORD URC U. CITIZEN COMII~NTS AND COINIlVIIJNICATIONS 1. Dawn Hale, 418 Chestnut Drive, Vinton, Va. and Judith Pyska to speak regarding legislation for spading and neutering of cats and dogs and pet overpopulation. STAFF DIRECTED TO PREPARE RESOLUTION OF SUPPORT FOR 10/12/93 MEETING TO BE SENT TO GENERAL ASSEMBLY AND ii DELEGATE CRAIVWELL. WORK SESSION -VEHICLE REPLACEMENT POLICY STAFF TO BRING BACK REPORT INCLUDING STATISTICS MAINTENANCE RECORDS AND INFORMATION ON COMPUTER SOFTWARE. OTHER BUSINESS: 1. STRUCTURAL DAMAGE AT COURTHOUSE CONSENSUS TO HIRE A STRUCTURAL ENGINEER TO REVIEW DAMAGE AT THE COURTHOUSE USING $2.00 COURTHOUSE MAINTENANCE FEE. 2. GROUNBREAKING AT FORENSIC LAB ON 10/26/93 BOARD CONSENSUS TO START BOARD MEETING AT 2:00 BRFAK AT 3:00 TO ATTEND GROUNDBREAIC~NG AT 4 P.M. FAT DINNER AND RETURN TO RCAC FOR EVENING SESSION. V. ADJOURNMENT BLJ MOTION TO ADTOURN AT 9:00 P.M. 12 pOAN ~. r~urr °~ "¢ sure xmrr ~ F ti ~ p az ~"~~~ ~~ ~~~~.~.~ 183 ROANOKE COUNTX BOARD OF SUPERVISORS AGENDA SEPTEMBER 28, 1993 Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. Individuals with disabilities who require assistance or special arrangement in order to participate in or attend Board of Supervisors meeting or other programs and activities sponsored by Roanoke County, please contact the Clerk to the Board at (703) 772-2005. We request that you provide at least 48-hour notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. 2. Invocation: The Reverend Jay Owens Lynn Haven Baptist Church 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCIAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ~. ® Recycled Paper 1. Resolution Declaring the Weekend of October 8 and 9 as the Second Annual Roanoke Valley Native American Heritage Festival and Paw Waw. 2. Introduction of Thomas S. "Pete" Haislip, Director of Parks and Recreation and Jonathan Vest, Horticulture Agent for VPI Extension. D. PRESENTATIONS 1. Video of Regional Wastewater Treatment Plant (Angie McPeak, Cable TV Coordinator) E. NEW BUSINESS 1. Request for Adoption of a Resolution Authorizing the Filing of Certification with the Federal Communications Commission to Permit the County to Regulate Rates for Basic Cable Service and Equipment. (Joseph Obenshain, Sr. Assistant County Attorney) 2. Request for Approval of Change Order for the Spring Hollow Reservoir Project. (Clifford Craig, Utility Director) 3. Request for Inclusion in the Roanoke County Pay Plan of the Chief Deputies in the County Treasurer's, the Commissioner of the Revenue's, and the Clerk of Circuit Court's Offices. (Elmer C. Hodge, County Administrator) 4. Request for Authorization to Execute a Boundary Line Adjustment Between the City of Salem and the County of Roanoke (Roanoke College Investment Corporation and Morris A. Elam). (Paul Mahoney, County Attorney) 5. Request for Adoption of a Resolution Asking that the National Park Service and Blue Ridge Parkway Hold Public Hearings on the Blue Ridge Parkway Viewsheds. (Elmer C. Hodge, County Administrator) 2 6. Request for Authorization to Issue 1993 Water System Revenue Bonds to Refinance Previous Issues. (Diane Hyatt, Director of Finance) F. REQUESTS FOR WORK SESSIONS G. REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA 1. Ordinance to Rezone .886 Acre From C-1 to R-3 to Construct Multi-family Dwelling Units Located on Starkey Road Approximately 150 Feet South of Intersection with Woods Crossing Drive, Cave Spring Magisterial District, Upon the Petition of Hobart Family Trust. 2. Ordinance Authorizing a Special Use Permit to Construct an Accessory Apartment Located at 1845 Mountain View Road, Vinton Magisterial District, Upon the Petition of Douglas & Dorothy Forbes. 3. Ordinance to Rezone 0.6504 Acre from C-2 Conditional to C-2 to Construction an Automobile Parts Retail Store Located at 3505 Brambleton Avenue, Windsor Hills Magisterial District, Upon the Petition of Floyd T. Critcher. 4. Ordinance to Amend Conditions on 2.066 Acres to Construct aHotel/Restaurant Located Approximately 200 Feet North of Carvin Street and Walrond Drive, Hollins Magisterial District, Upon the Petition of Richard W. Sloan. 5. Ordinance to Rezone 1.22 Acres From C-2 to R-1 to Expand or Replace an Existing House, Located at 5374 Main Street, Catawba Magisterial District, Upon the Petition of the Roanoke County Planning Commission. H. FIRST READING OF ORDINANCES 3 1. Ordinance Authorizing the Corneyance of a Temporary Grading and Construction Easement to the Commonwealth of Virginia in Association with the Construction of the New Forensic Lab and to Accept a Water and Sewer Easement from the Commonwealth of Virginia. (John Chambliss, Assistant County Administrator) I. SECOND READING OF ORDINANCES 1. Ordinance Authorizing Corneyance of an Easement to Appalachian Power Company for Electric Service Across Five Oaks Road. (Clifford Craig, Utility Director) 2. Ordinance Amending Article IV, Sewer Use Standards of Chapter 18 of the Roanoke County Code of 1985. (Clifford Craig, Utility Director) 3. Ordinance Authorizing Acquisition of a Water and Sewer Easement from Dairymen, Inc. (Clifford Craig, Utility Director) 4. Ordinance Authorizing Corneyance of an Easement to Appalachian Power Company for Electric Service Across Vinyard Park. (Vickie Huffman, Assistant County Attorney) J. APPOINTMENTS 1. Grievance Panel 2. Industrial Development Authority 3. Planning Commission 4. Regional Cable TV Committee K. CONSENT AGENDA 4 ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WII.L BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Confirmation of Committee Appointments to the Grievance Panel, the Industrial Development Authority and Virginia Western Community College Board. 2. Authorization to Pay Certain Legal Fees for Firetruck Litigation with Grumman Aircraft Company. L. REPORTS AND INQUIRIES OF BOARD MEMBERS M. CITIZENS' COMII~NTS AND COb~IlVIUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Accounts Paid -August 1993 5. Report on 1991 Water Project 6. Report on Roanoke Valley Resource Authority Solid Waste Facilities. 7. Report on Bond Projects 8. Report of Fire and Rescue Reaction/Response Times for 5 August 1993. 9. Statement of Revenues and Expenditures as of August 31, 1993. O. WORK SESSION 1. Vehicle Replacement Policy P. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 A (3) Discussion on acquisition of real estate for public purposes, i.e. Dixie Caverns removal action; (3) Discussion with legal counsel regarding litigation with City of Roanoke, i.e. water bill adjustment' and (1) Personnel Matter, evaluation of the County Administrator. Q. CERTIFICATION OF EXECUTIVE SESSION EVENING SESSION R PROCLAMATIONS, RESOLUTIONS AND RECOGNITIONS 1. Resolution of Congratulations to the North Roanoke American Girls Softball Team for Winning the State Championship. S. PUBLIC HEARINGS 1. Public Hearing and Adoption of a Resolution Authorizing the Issuance of General Obligation School Bonds to be Sold to the Virginia Public School Authority. (Diane Hyatt, Director of Finance) T. PUBLIC HEARING AND SECOND READING OF ORDINANCES THE FOLLOWING PUBLIC HEARING HAS BEEN CONTINUED TO OCTOBER 26, 1993: Ordinance to rezone 0.85 acres from R-1 to C-2 and 6 obtain a Special Use Permit to Operate a Used Automobile Dealership, Located at the South Side of Peters Creek Road West of the North Park Office Complez, Hollins Magisterial District, Upon the Petition of William L. Hite. 1. Ordinance Authorizing a Special Use Permit to Expand Northside High School, located at 6758 Northside High School Road, Catawba Magisterial District, Upon the Petition of the School Board of Roanoke County. (Terry Harrington, Director of Planning and Zoning) 2. Ordinance Authorizing a Special Use Permit to Erect a 152 foot Self-supporting Broadcasting Tower, located on Honeysuckle Road, 1.75 Miles from Intersection of Honeysuckle Road and Poor Mountain Road, Windsor Hills Magisterial District, Upon the Petition of Appalachian Power Company. (Terry Harrington, Director of Planning and Zoning) 3. Ordinance to Amend the Official Zoning Maps by the Adoption of Revised Flood Insurance Rate Maps Prepared by the Federal Emergency Management Agency to be Effective October 15, 1993, and to Make Minor Amendments to Section 30-74, Floodplain Overlay District, of the Zoning Ordinance to Reflect the New Maps, Upon the Petition of the Roanoke County Planning Commission. (Terry Harrington, Director of Planning and Zoning) U. CITIZEN COMII~NTS AND CO1I~IlVIUNICATIONS 1. Dawn Hale, 418 Chestnut Drive, Vinton, Va. to speak regarding legislation for spading and neutering of cats and dogs. V. ADJOURNMIENT f AT A REGIILAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 RESOLUTION 92893-1 DECLARING THE WEEKEND OF OCTOBER 8 AND 9, 1993 AS "THE SECOND ANNIIAL ROANORE VALLEY NATIVE AMERICAN HERITAGE FESTIVAL AND POW WOW" WHEREAS, nearly 500 years ago, the first English settlers to reach this continent encountered natives who called this land home for over 10,000 years; and WHEREAS, these Native Americans greeted the colonists with grace and hospitality and shared with them their knowledge of the land and its resources; and WHEREAS, the first encounters with these original Americans played an important role in the history of Virginia and the Roanoke Valley; and WHEREAS, the Shenandoah Valley translated means "Daughter of the Stars", and Roanoke being one of the first native words taken into the English language meaning "the place of white shells". NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of the citizens of Roanoke County, does hereby declare the weekend of October 8 - 9, 1993, as "THE SECOND ANNIIAL ROANORE VALLEY NATIVE AMERICAN HERITAGE FESTIVAL AND POW WOW", and extends its best wishes for an authentic and successful event. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: ~• Mary H. A len, Clerk Roanoke County Board of Supervisors CC: File Proclamations Jim Jones, Assistant Parks Director ~"" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TIIESDAY, SEPTEMBER 28, 1993 RESOLUTION DECLARING-THE WEEKEND OF OCTOBER 8 AND 9, 1993 AS "THE SECOND ANNUAL ROANORE VALLEY NATIVE AMERICAN HERITAGE FESTIVAL AND POW WOW" WHEREAS, nearly 500 years ago, the first English settlers to reach this continent encountered natives who called this land home for over 10,000 years; and WHEREAS, these Native Americans greeted the colonists with grace and hospitality and shared with them their knowledge of the land and its resources; and WHEREAS, the first encounters with these original Americans played an important role in the history of Virginia and the Roanoke Valley; and WHEREAS, the Shenandoah Valley translated means "Daughter of the Stars", and Roanoke being one of the first native words taken into the English language meaning "the place of white shells". NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of the citizens of Roanoke County, does hereby declare the weekend of October 8 - 9, 1993, as "THE SECOND ANNUAL ROANORE VALLEY NATIVE AMERICAN HERITAGE FESTIVAL AND POW WOW", and extends its best wishes for an authentic and successful event. ACTION NO. ITEM NUMBER - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1993 AGENDA ITEM: Video on the Regional Wastewater Treatment Plant COUNTY ADMINISTRATORS COMMENTS: SUMMARY OF INFORMATION: Angela McPeak, Cable TV Coordinator has requested seven minutes during the September 28 meeting to give the Board of Supervisors an opportunity to view a video on the Regional Wastewater Treatment Plant. The video was viewed by Roanoke City Council on September 13, 1993. Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens L -- l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 RESOLUTION 92893-2 AUTHORIZING THE FILING OF CERTIFICATION WITH THE FEDERAL COMMUNICATIONS COMMISSION TO PERMIT THE COUNTY OF ROANORE TO REGULATE RATES FOR BASIC CABLE SERVICE AND EQUIPMENT CONSISTENT WITH THE 1992 CABLE ACT AND ADOPTION OF ANY REQUIRED RESOLUTIONS WHEREAS, on April 1, 1993, the Federal Communications Commission adopted a Report and Order and Further Notice of Proposed Rule-making, in MM Docket No. 92-266, implementation of sections of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, FCC No. 93-177, released May 3, 1993, effective September 1, 1993, ("FCC regulations") which describes a comprehensive process whereby franchising authorities may regulate the rates charged by existing cable television operators for the basic service tier; and WHEREAS, the FCC procedure allows franchising authorities to seek certification from the FCC and thereafter regulate the rates charged by cable operators for the basic service tier; and WHEREAS, the County, as franchising authority, has reviewed the FCC certification process and applicable FCC forms and determined that it has the legal authority and financial capability to exercise rate regulation under the FCC's regulations; and WHEREAS, the County, with assistance from qualified advisors, has determined that it is in the best interests of the County, its residents, and cable television subscribers to exercise the regulatory authority afforded franchising authorities under the FCC's regulations; and WHEREAS, the County has determined that its best interests are served by moving forward in an expeditious manner seeking certification from the FCC to regulate the basic cable service tier to avoid potential rate increases which may result in higher overall rates charged to cable television subscribers within the County; NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia; 1. County Administrator is hereby authorized to submit all applicable forms to the FCC to seek certification for regulation of the basic service tier of all cable television systems operating within the County of Roanoke. 2. No further action or approval by the Board of Supervisors shall be required for execution of any and all appropriate forms to be submitted to the FCC for regulation of the basic service tier. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Eddy, Nickens, Minnix NAYS: Supervisor Kohinke A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors CC: File Joseph Obenshain, Sr. Assistant County Attorney Anne Marie Green, Cable TV Committee Howard Musser, Regional Cable TV Committee Chairman Mary Parker, Roanoke City Clerk Clay Goodman, Vinton Town Manager ACTION NO. ITEM NO. ~"` AT A REGULAR MEETING OF THE_BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1993 AGENDA ITEM: Resolution authorizing the filing of certification with the Federal Communications Commission to permit the County of Roanoke to regulate rates for basic cable service and equipment consistent with the 1992 Cable Act and adoption of any required resolutions. COUNTY ADMINISTRATOR'S COMMENTS: ~K~~ j~T " ' EXECUTIVE SUMMARY: The County of Roanoke, as a franchising authority for a cable television system, must file an application with the Federal Communications Commission (F.C.C.) in order to be certified to regulate rates for basic cable service. This application should be filed not later than October 15, 1993, in order to prevent the "benchmark" rate from increasing as of November 15, 1993. The county's members on the Regional Cable Television Committee concur in this action and expect the other Roanoke Valley jurisdictions to follow suit. BACKGROUND: The passage of the Cable Television Consumer Protection and Competition Act of 1992 (the "1992 Cable Act" hereafter) estab- lished a system for rate regulation by local franchising authori- ties over the "basic service tier." Legal authority to exercise such rate regulation depends upon obtaining certification from the Federal Communications Commission (F.C.C.). Certification becomes effective thirty (30) days from the date that the F.C.C. Form 328 is mailed, by certified mail, to the F.C.C. in order to permit the cable company to file an objection based upon a claim of "effective competition." The F.C.C. has imposed a "freeze" on cable rates which expires on November 15, 1993. At that time a cable operator would be free to raise its rates, which would then become the effective "benchmark" rate if the locality in which it operates has not become certified to regulate rates. The F.C.C. will not step in to regulate rates for the "basic service tier" if the locality does not seek certification, except in certain unusual circumstanc- es. C-f SUMMARY OF INFORMATION: The scheme for rate regulation of the ~~basic service tier~~ of cable television service depends upon the concept of a ~~benchmark~~ rate for such services in the absence of effective competition in the cable television industry in the locality. In adopting its rules for local rate regulation, the F.C.C. devised formulas for establishing a cable operators ~~benchmark~~ rate at the time the locality becomes certified to regulate this ~~basic service tier.~~ As part of this process, the F.C.C. imposed a freeze on cable operators raising their rates until November 15, 1993. On that date, a cable operator will be free to raise its rates, unless subject to local rate regulation, and that new rate will become the ~~benchmark~~ from which all future rate increases will be calculat- ed. Therefore, it becomes crucial that Roanoke County file the necessary certification form with the F.C.C. in time for this certification to become effective not later than November 15, 1993. As there is a thirty (30) day waiting period between the date that the Form 328 is mailed to the F.C.C. and the date the certification becomes effective, the Form 328 should be mailed not later than October 15, 1993, to prevent any lapse in the freeze on ~~basic service tier~~ rates. It is anticipated that forms would be filed to obtain certification to regulate rates for Cox Cable Roanoke, Inc. and Salem Cable TV which both operate within the county. As part of the certification process, Roanoke County must also agree to adopt a resolution agreeing to abide by F.C.C. regulations governing this rate regulation scheme. FISCAL IMPACTS: No direct fiscal impact upon Roanoke County is anticipated other than the cost of legal service previously authorized by this Board. ALTERNATIVES: 1. Approve the filing of certification Form 328 with the F.C.C. for both Cox Cable Roanoke, Inc. and Salem Cable TV to authorize the county to regulate sates for the ~~basic service tier~~ of cable television services within the county. Adopt such regula- tions as the F.C.C. may require to approve certification for a locality to regulate these rates. 2. Refrain from filing with the F.C.C. to obtain legal authorization to regulate basic cable service rates at the local level and permit the cable operators to adjust their rates as market forces may dictate. STAFF RECOMMENDATION: Staff recommends adoption of Alternative i. E-~ Respectfully submitteS, J eph B. Obenshain nior ssistant County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Eddy Johnson Rohinke Nickens Minnix Vote No Yes Abs ACTION # 92893-3 ITEM NUMBER ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1993 AGENDA ITEM: Approval of Change Order for the Spring Hollow Reservoir Project COUNTY ADMINISTRATOR' S COMMENTS : ~ ~~~y~~i~` _' N~~~..~,~~ ~Y `~~ BACKGROUND' The Board of Supervisors authorized the County Administrator to execute Change Orders up to $250,000. Change Orders in excess of that amount require specific Board authorization. SUMMARY OF INFORMATION: The Contract for construction of Spring Hollow Reservoir was awarded using unit price cost for estimated quantities of material required. Now that the dam itself is complete, the exact quantities of material required is known and a change order is being issued to reconcile the costs. The items included in this Change Order are shown on the attached Scope of Work and amount to $1,020,097.70. The cost associated with this work have been included in the monthly project report since June 1993 and do not change the reported total project cost of $25,044,000. STAFF RECOMMENDATION: Staff recommends the Board of Supervisors authorize the County Administrator to execute this Change Order in the amount of $1,020,097.70. G "'~ SUBMITTED BY: Cliffor r ig, P.E. Utility Director APPROVED: 1 .~~f ~~~ Elmer C. Hodc~ County Administrator ACTION VOTE Approved (X) Motion by: Nickens to execute No Yes Denied ( ) Change Order Eddy X Received ( ) Johnson ~ Referred Kohinke X to Minnix X Nickens X Abs CC: File Clifford D. Craig, Utility Director ~s HAYES, SEAY, MATTERN & MATTERN, INC. Architects - Engineers - Planners Roanoke, Virginia SCOPE OF WORK Change Order No. 17 Commission No. 4194I Date 17 September 1993 To: PCL Civil Constructors, P. 0. Box 69, Salem, Virginia 24153 (Contractor) Spring Hollow Reservoir , Roanoke County Virg inia (Pro,iect) In connection with your contract for the construction of the above referenced project, the following unit priced bid items have been completed and are adjusted to reflect their actual quantities installed: ITEM 3: DAM EXCAVATION ESTIMATE: 44,500.0 CY $4.00/CY = $178,000.00 ACTUAL: 39.,850.0 CY $4.00/CY _ $158,400.00 DECREASE <$18,600.00> ITEM 4: DAM FOUNDATION PREPARATION ESTIMATE: 11,800.0 SY $30.00/SY = $354,000.00 ACTUAL: 14,060.0 SY $30.00/SY = $421,800.00 INCREASE $ 67,800.00 ITEM 5: DENTAL CONCRETE ESTIMATE: 500.0 CY $300.00/CY = $150,000.00 ACTUAL: 1,222.0 CY $300.00/CY = $366,600.00 INCREASE $216,600.00 ITEM 6.1: MOBILIZATION AND DEMOBILIZATION ESTIMATE: 1.0 LS $300,000 $300,000 ACTUAL: 1.0 LS $300,000 $300,000 NO CHANGE HSMM DPT-S3, Rev. 04/14/92 Page 1 of 5 ~~~ Scope of Work Change Order No. 17 17 September 1993 Page 2 ITEM 6.2: VERT. EXPLOR. HOLE DRILLING ESTIMATE: 1,500.0 LF $45.00/LF $ 67,500.00 ACTUAL: 1.229.7 LF $45.00/LF $ 55,336.50 DECREASE <$12,163.50> ITEM 6.3: PIEZOMETER AND DRAIN HOLES ESTIMATE: 1,300.0 LF $39.00/LF $ 50,700.00 ACTUAL: 1,293.3 LF $39.00/LF $ 50,438.70 - DECREASE <$ 261.30> ITEM 6.4: GROUT HOLE DRILLING ROCK ESTIMATE: 13,800.0 CF $12.00/CF $165,600.00 ACTUAL: 17,407.5 CF $12.00/CF $208,890.00 INCREASE $ 43,290.00 ITEM 6.5: PORTLAND CEMENT ESTIMATE: 12,000.0 CF $ 6.00/CF $ 72,000.00 ACTUAL: 17,829.6 CF $ 6.00/CF $106,977.60 INCREASE $ 34,977.60 ITEM 6.6: BENTONITE ESTIMATE: 1.0 CF $15.00/CF $ 15.00 ACTUAL 94.7 CF $15.00/CF $ 1,420.50 INCREASE $ 1,405.50 ITEM 6.7: FLUIDIFIER ESTIMATE: 1.0 CF $100.00/CF $ 100.00 ACTUAL: 0.0 CF $100.00/CF $ 0.00 DECREASE <$ 100.00> HSMM OPT-S3, Rev. 04/14/92 Page.2 of 5 ~'~ Scope of Work Change Order No. 17 17 September 1993 Page 3 ITEM 6.8: ACCELERATOR ESTIMATE: ACTUAL 1.O .CF $ 25.00/CF $ 25.00 0.0 CF $ 25.00/CF $ 0.00 DECREASE <$ 25.00> ITEM 6.9: SAND ESTIMATE: 1,000.0 CF $ 1.75/CF ACTUAL: 3,365.8 CF $ 1.75/CF INCREASE ITEM 6.10: MINERAL FILLER ESTIMATE: 500.0 CF $ 3.00/CF ACTUAL: 3,624.4 CF $ 3.00/CF INCREASE ITEM 6.11: PRESSURE WASHING/TESTING ESTIMATE: 400.0 HR $ 30.00/HR ACTUAL: 16.95 HR $ 30.00/HR DECREASE ITEM 6.12: REDRILL EXISTING GROUTED HOLE .ESTIMATE: 2,000.0 LF $ 5.00/LF ACTUAL: 379.0 LF $ 5.00/LF DECREASE ITEM 6.13: PLACING GROUT ESTIMATE: 13,000.0 CF $12.50/CF ACTUAL: 24,914.5 CF $12.50/CF INCREASE $ 1,750.00 $ 5,890.15 $ 4,140.15 $ 1,500.00 $ 10,873.20 $ 9,373.20 $ 12,000.00 $ 508.50 $ 10,000.00 $ 1,895.00 $162,500.00 $311,431.25 $148,931.25 HSMM DPT-S3, Rev. 04/14/92 Page 3 of 5 Scope of Work Change Order No. 17 17 September 1993 Page 4 ITEM 6.14 BACKFILL GROUT C ~~ ESTIMATE: 1,000.0 CF $ 3.00/CF $ 3,000.00 ACTUAL: 375.1 CF $ 3.00/CF $ 1,125.30 DECREASE <$ 1,874.70> ITEM 6 TOTAL INCREASE $ 208,096.70 ITEM 7: ROLLER COMPACTED CONCRETE IN DAM STRUCTURE ESTIMATE: 285,000.00 CY $ 30.00/CY $8,550,000.00 ACTUAL: 303,206.70 CY $ 30.00/CY $9,096,201.00 INCREASE $ 546,201.00 NET TOTAL INCREASE $1,020,097.70 The following references are attached as exhibits: Exhibit Reference A PCL Serial Letter No. 163 - Requesting a Change Order B HSMM's Dale Kight approval of quantities for Item 3, 4, 5, and 7 - dated 30 August 1993 C HSMM's Dale Kight approval of quantities from Item 6.1 through 6.14 - dated 31 August 1993 D Spreadsheet for Item 7, dated 31 August 1993 comparing RCC theoretical to ticket quantities. Adjustment per contract is based Qty theoretical (neat lines) HSMM DPT-S3, Rev. 04/14/92 Page 4 of 5 E~ Scope of Work Change Order No. 17 17 September 1993 Page 5 SUMMARY ITEM DESCRIPTION AMOUNT 3 Dam Excavation <$ 18,600.00> 4 Dam Foundation Preparation 67,800.00 5 Dental Concrete ~ 216,600.00 6.1 Mobilization and Demobilization -O- 6.2 Vert. Explor. Hole Drilling < 12,163.50> 6.3 Piezometer and Drain.Holes < 261.30> 6.4 Grout Hole Drilling Rock 43,290.00 6.5 Portland Cement 34,977.60 6.6 Bentonite 1,405.50 6.7 Fluidifier < 100.00> 6.8 Accelerator < 25.00> 6.9 Sand 4,140.15 6.10 Mineral Filler 9,373.20 6.11 Pressure Washing/Testing < 11,491.50> 6.12 Redrill Existing Grouted Hole < 8,105.00> 6.13 Placing Grout 148,931.25 6.14 Backfill Grout < 1,874.70> 7 Roller Compacted Concrete 546,201.00 TOTAL NET INCREASE $1,020,097.70 HSMM DPT-S3, Rev. 04/14/92 flage 5 of 5 -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 RESOLUTION 92893-4 AMENDING THE ROANOKE COUNTY PAY AND CLASSIFICATION PLAN TO INCLUDE THE CHIEF DEPUTIES OF THE SEVERAL CONSTITUTIONAL OFFICES (CLERK OF THE CIRCUIT COURT, COMMISSIONER OF THE REVENUE, AND TREASURER) THEREIN, AND AMENDING RESOLUTION 12892-11 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Resolution 12892-i1 (adopted January 28, 1992) accepted the employees of the several Constitutional Offices (Clerk of the Circuit Court and Sheriff) in the Pay and Classification Plan and the Personnel System of the County of Roanoke. This resolution exempted the Chief Deputy in each said office from the personnel system. This resolution hereby amends Resolution 12892- 11 by including the Chief Deputy of the Clerk of the Circuit Court in the Pay and Classification Plan and the Personnel System. 2. That the Chief Deputy of the Clerk of the Circuit Court, the Commissioner of the Revenue, and the Treasurer, each of said elected officers having heretofore agreed in writing that their employees be accepted into the pay and classification plan and the personnel system of the County of Roanoke, as authorized in Chapter 6 of the Charter of the County of Roanoke, be and such employees hereby are accepted into the pay and classification plan and the personnel system of the County of Roanoke; and 3. That all of the terms, provisions, and conditions of the pay and classification plan and the personnel system of the County of Roanoke as fully set forth in the Roanoke County Employee Handbook shall from and after the adoption hereof be applicable to each of the employees of the aforesaid offices; and 4. That the elected officer of the constitutional office shall be exempt from the terms, provisions, and conditions of the County personnel system. The Chief Deputy in each said office shall be exempt from the terms, provisions, and conditions of the County personnel system relating the application, qualification, appointment, disciplining, dismissal, and grievance procedure provisions of the Roanoke County Employee Handbook. The Chief Deputy of each said officer is deemed to be a confidential, policy- making position. These positions shall remain subject to the express provisions of § 15.1-48 of the State Code; and 5. The participation of the employees of these constitution- al offices in the County personnel system shall continue until revoked by the constitutional officer, either by written notice to the Chairman of the Board of Supervisors, or by the election, qualification, and assumption of office by a new individual; and 6. The effective date of this resolution shall be September 28, 1993. 7. That an attested copy of this resolution be forthwith transmitted to each of the aforesaid constitutional officers. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Nickens, Minnix NAYS: Supervisor Kohinke ABSTAIN: Supervisor Eddy A COPY TESTE: ~. Mary H. lien, Clerk Roanoke County Board of Supervisors CC: File Steven A. McGraw, Clerk of Circuit Court Alfred C. Anderson, County Treasurer R. Wayne Compton, Commissioner of the Revenue Paul M. Mahoney, County Attorney D. Keith Cook, Director of Human Resources ACTION NO. ITEM NUMBER ~"` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1993 AGENDA ITEM: Request to Include in the Roanoke County Classification Plan the Chief Deputies of the Offices of the Treasurer, Commissioner of the Revenue and Clerk of Circuit Court COUNTY ADMINISTRATOR'S COMMENTS: Currently, the Chief Deputies of the Offices of Treasurer, Commissioner of the Revenue and Clerk of Circuit Court are not included in the County Classification Plan. Their salaries have been set by the State Compensation Board. Because their positions were unclassified, they were not included in the recent salary survey. SUMMARY OF INFORMATION: The constitutional officers have requested that the three chief deputies be added the County's Classification Plan. As a result of their request, the Department of Human Resources conducted a special salary survey and recommended that these positions be classified and placed in a grade in the Classification Plan. Because of the unique nature of these positions, they will be exempt from certain aspects of the County personnel system, including the grievance procedure and the application, qualification and appointment policies outlined in the employee handbook. The attached resolution specifies these exemptions. In order to place these positions in the that 1980 agreements with the Treasurer and be amended, and that Resolution 12892-11.g the Clerk of Circuit Court be amended. The and the Sr. Assistant Commonwealth's Classification Plan, and no action is positions. FISCAL IMPACT• Plan, staff recommends Commissioner of Revenue regarding the Office of Sheriff's Chief Deputy Attorney are in the necessary for these Funds are available within the salary survey to cover increased -3 salary costs for 1993-94. In future years, funds will be included in the Constitutional Officer's budget to supplement the State Compensation Board funds for these positions if it is necessary. STAFF RECOMMENDATION: It is recommended that the attached resolution be adopted, and that the positions of Chief Deputy Treasurer, Chief Deputy Commissioner of the Revenue and Chief Deputy Clerk of Circuit Court be added to the Classification Plan. It is further recommended that the positions be placed in the appropriate grade as identified in the salary survey and recommended by the Department of Human Resources. The effective date for this action will be October 23, 1993, the date that the salary survey will be implemented. The County Administrator will work with the Constitutional Officers in placing these employees in the Plan. r~ . rtic/ J Elmer C. Hod County Administrator Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by ACTION VOTE No Eddy Johnson Kohinke _ Minnix _ Nickens Yes Abs E3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 RESOLUTION AMENDING THE ROANOKE COUNTY PAY AND CLASSIFICATION PLAN TO INCLUDE THE CHIEF DEPUTIES OF THE SEVERAL CONSTITUTIONAL OFFICES (CLERK OF THE CIRCUIT COURT, COMMISSIONER OF THE REVENUE, AND TREASURER) THEREIN, AND AMENDING RESOLUTION 12892- 11 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Resolution 12892-11 (adopted January 28, 1992) accepted the employees of the several Constitutional Offices (Clerk of the Circuit Court and Sheriff) in the Pay and Classification Plan and the Personnel System of the County of Roanoke. This resolution exempted the Chief Deputy in each said office from the personnel system. This resolution hereby amends Resolution 12892- 11 by including the Chief Deputy of the Clerk of the Circuit Court in the Pay and Classification Plan and the Personnel System. 2. That the Chief Deputy of the Clerk of the Circuit Court, the Commissioner of the Revenue, and the Treasurer, each of said elected officers having heretofore agreed in writing that their employees be accepted into the pay and classification plan and the personnel system of the County of Roanoke, as authorized in Chapter 6 of the Charter of the County of Roanoke, be and such employees hereby are accepted into the pay and classification plan and the personnel system of the County of Roanoke; and 3. That all of the terms, provisions, and conditions of the pay and classification plan and the personnel system of the County of Roanoke as fully set forth in the Roanoke County Employee Handbook shall from and after the adoption hereof be applicable to ~'- 3 each of the employees of the aforesaid offices; and 4. That the elected officer of the constitutional office shall be exempt from the terms, provisions, and conditions of the County personnel system. The Chief Deputy in each said office shall be exempt from the terms, provisions, and conditions of the County personnel system relating the application, qualification, appointment, disciplining, dismissal, and grievance procedure provisions of the Roanoke County Employee Handbook. The Chief Deputy of each said officer is deemed to be a confidential, policy- making position. These positions shall remain subject to the express provisions of § 15.1-48 of the State Code; and 5. The participation of the employees of these constitution- al offices in the County personnel system shall continue until revoked by the constitutional officer, either by written notice to the Chairman of the Board of Supervisors, or by the election, qualification, and assumption of office by a new individual; and 6. The effective date of this resolution shall be September 28, 1993. 7. That an attested copy of this resolution be forthwith transmitted to each of the aforesaid constitutional officers. c:\wp51\agenda\general\consr.dep ,. E y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 RESOLUTION 92893-5 AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE COUNTY OF ROANOKE AND THE CITY OF SALEM RELOCATING PORTIONS OF THE BOUNDARY LINE BETWEEN SAID GOVERNMENTAL ENTITIES, AND AUTHORIZING THAT CERTAIN OTHER ACTIONS RELATING TO SUCH BOUNDARY LINE BE TAKEN AS PROVIDED BY LAW - ROANOKE COLLEGE INVESTMENT CORPORATION AND MORRIS ELAM WHEREAS, pursuant to the provisions of Article 2, Chapter 24, Title 15.1 of the 1950 Code of Virginia, as amended, the governing bodies of the County of Roanoke and the City of Salem desire to petition the Court for approval to relocate portions of the boundary line between the County and the City; and WHEREAS, the relocation of the boundary line of such govern- mental entities in the areas proposed will permit more effective and efficient delivery of municipal services and promote the public health, safety, and welfare; and WHEREAS, it is necessary that the governing bodies of the County and the City adopt measures reflecting their desire to relocate and change a portion of the boundary line between them as requested by certain property owners within said areas; and THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that: 1. The Chairman of the Board of Supervisors is hereby authorized to execute an agreement between the City of Salem and the County of Roanoke, in form approved by the County Attorney, establishing a new boundary line at certain points between said jurisdictions as more particularly shown on a plat by T. P. Parker 1 & Son, dated April 12, 1993, entitled "Plat from records and subdivision for Roanoke College Investment Corporation and Morris Elam" and "Showing the Resubdivision of New Tract "B" (39.694 Ac.), Map for Roanoke College Investment Corporation (PB 14, Page 29) and a 13.552 Ac. Tract and Creating New Tract "B-1" (39.576 Ac.) and New Tract "B-2" (13.552 Ac.) situate on Wildwood Road and Waldheim Road." 2. The boundary line set forth in said agreement shall be described by metes and bounds. 3. Upon the agreement being duly executed by the Mayor for the City of Salem and the Chairman of the Board of Supervisors of Roanoke County, said executions to be authorized by appropriate measures passed by the respective jurisdictions, the description of such aforesaid boundary line will be duly published as required by § 15.1-1031.2 of the State Code. 4. Upon execution of the agreement between the governing bodies and publication of the agreed upon relocation boundary line in accordance with law, the County Attorney is authorized to petition the Circuit Court of one of the affected jurisdictions to relocate the boundary line in accordance with the plats and the agreement. 5. Upon entry of an order by the Circuit Court establishing the new boundary line, a certified copy of such order shall be forwarded to the Secretary of the Commonwealth. 6. The County Administrator and the County Attorney are authorized to take, or cause to be taken, such other actions, and 2 to execute other documents as may be required by law to effect the change in the boundary line as set forth herein. 7. The Clerk to the Board of Supervisors is directed to forward an attested copy of this resolution to the City Clerk of the City of Salem. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors CC: File Paul M. Mahoney, County Attorney Terry Harrington, Planning & Zoning John Birckhead, Real Estate Assessments 3 ACTION NO. ITEM NO. ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1993 AGENDA ITEM: Proposed Boundary Line Adjustment Between the City of Salem and the County of Roanoke (Roanoke College Investment Corporation and Morris A. Elam) COUNTY ADMINISTRATOR'S COMMENTS: '~~~ BACKGROUND• This is a proposal to adopt a Resolution approving a request for a boundary line adjustment between the City of Salem and the County of Roanoke from Roanoke College Investment Corporation and Morris Elam. SUMMARY OF INFORMATION: This boundary line adjustment would involve the exchange of a 1.343 acre parcel owned by Morris Elam lying within the limits of the City of Salem for a 1.461 acre parcel owned by Roanoke College Investment Corporation lying within the limits of the County of Roanoke. The City Attorney for the City Salem has indicated that the City is agreeable to this proposal. A plat has been prepared by T. P. Parker & Son entitled "Plat from records and subdivision for Roanoke College Investment Corporation and Morris A. Elam showing the resubdivision of New Tract "B" (39.694 ac), map for Roanoke College Investment Corpora- tion (PB 14, Page 29) and a 13.552 ac. tract and creating New Tract "B-1" (39.576 ac.) and New Tract "B-2" (13.552 ac.) situate on Wildwood Road and Waldheim Road" dated April 12, 1993. (Copy attached.) The attorneys for the jurisdictions will have to exchange and review forms of an agreement and pleadings to be submitted to the Circuit Court. Finally, the statutory notice and publication requirements must be satisfied. This procedure is the same procedure followed by the Board when it adjusted the County's boundaries with Floyd County and the City of Salem. E-'{ Respectfully submitted, 1-1.~, Paul M. Mahoney County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Eddy Johnson Kohinke Nickens Minnix Vote No Yes Abs c:\wp51 \agenda\general\elam.adj Ey AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE COUNTY OF ROANOKE AND THE CITY OF SALEM RELOCATING PORTIONS OF THE BOUNDARY LINE BETWEEN SAID GOVERNMENTAL ENTITIES, AND AUTHORIZING THAT CERTAIN OTHER ACTIONS RELATING TO SUCH BOUNDARY LINE BE TAKEN AS PROVIDED BY LAW - ROANOKE COLLEGE INVESTMENT CORPORATION AND MORRIS ELAM WHEREAS, pursuant to the provisions of Article 2, Chapter 24, Title 15.1 of the 1950 Code of Virginia, as amended, the governing bodies of the County of Roanoke and the City of Salem desire to petition the Court for approval to relocate portions of the boundary line between the County and the City; and WHEREAS, the relocation of the boundary line of such govern- mental entities in the areas proposed will permit more effective and efficient delivery of municipal services and promote the public health, safety, and welfare; and WHEREAS, it is necessary that the governing bodies of the County and the City adopt measures reflecting their desire to relocate and change a portion of the boundary line between them as requested by certain property owners within said areas; and THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that: 1. The Chairman of the Board of Supervisors is hereby authorized to execute an agreement between the City of Salem and the County of Roanoke, in form approved by the County Attorney, establishing a new boundary line at certain points between said jurisdictions as more particularly shown on a plat by T. P. Parker 1 E- j~ & Son, dated April 12, 1993, entitled "Plat from records and subdivision for Roanoke College Investment Corporation and Morris Elam" and "Showing the Resubdivision of New Tract "B" (39.694 Ac.), Map for Roanoke College Investment Corporation (PB 14, Page 29) and a 13.552 Ac. Tract and Creating New Tract "B-1" (39.576 Ac.) and New Tract "B-2" (13.552 Ac.) situate on Wildwood Road and Waldheim Road." 2. The boundary line set forth in said agreement shall be described by metes and bounds. 3. Upon the agreement being duly executed by the Mayor for the City of Salem and the Chairman of the Board of Supervisors of Roanoke County, said executions to be authorized by appropriate measures passed by the respective jurisdictions, the description of such aforesaid boundary line will be duly published as required by § 15.1-1031.2 of the State Code. 4. Upon execution of the agreement between the governing bodies and publication of the agreed upon relocation boundary line in accordance with law, the County Attorney is authorized to petition the Circuit Court of one of the affected jurisdictions to relocate the boundary line in accordance with the plats and the agreement. 5. Upon entry of an order by the Circuit Court establishing the new boundary line, a certified copy of such order shall be forwarded to the Secretary of the Commonwealth. 6. The County Administrator and the County Attorney are authorized to take, or cause to be taken, such other actions, and 2 ~~ to execute other documents as may be required by law to effect the change in the boundary line as set forth herein. 7. The Clerk to the Board of Supervisors is directed to forward an attested copy of this resolution to the City Clerk of the City of Salem. e:\wp51\agenda\general\boundary.elm 3 TPP&S ENGINEERS SURVEYORS PLANNERS City of Salem P. O. Box 869 Salem, VA 24153 ATTN: Mr. John Abbott County of Roanoke P. 0. Box 29800 Roanoke, VA 24018 ATTN: Mr. Arnold Covey County of Roanoke P. O. Box 29800 Roanoke, VA 24018 /ATTN: Mr. Paul Mahoney V RE: WO# 93-0502 Gentlemen: C- U L ~ ~ ~ ~ ~ ~~ ~. 1~ ~~ ~ ~ ', Pa T. P. Parke , ., Z,.~..;~~:~.~.:~:~[_~ John T. Parker ~,~,yL,,S____________ Frank B. Caldwell, III, P.E., L.S. 18 June 1993 Please find enclosed copies of a plat which we have prepared for Roanoke College Investment Corporation and Morris A. Elam. This plat was prepared for the purpose of a land exchange between Roanoke College Investment Corporation and Morris Elam. It is proposed that a 1.343 acre parcel owned by Morris Elam and which lies within the limits of the City of Salem be exchanged with Roanoke College Investment Corporation for a 1.461 acre parcel which lies within Roanoke County. This exchange is being made due to topographic considerations which impact the reasonable and orderly development of the properties of both parties. This letter is to request that the localities involved revise their Corporate Line to conform to the proposed new lines shown on this map. This request is made to provide for the orderly development of the project and to prevent the problems associated with lots which lie across the Corporate Limits of localities. - T. P. Parker & Son - 816 Boulevard • Post Office Box 39 • Salem, Virginia 24153 • Telephone 703-387-1153 • FAX 703-389-5767 -`{ Mr. John Abbott, Mr. Arnold Covey, Mr. Paul Mahoney, 18 June 1993 Page 2 City of Salem County of Roanoke County of Roanoke If you have any questions regarding this request, please contact me or Clarence Caldwell in order that we may provide the additional information and move forward with this revision to the Corporate Limits. If a formal application in addition to this letter is required, please contact me and I will complete the application for the parties involved. Thank you for your help. Very truly yours, T. P. PARKER & SON ~. ~ ~ j rank B. Caldwell, III, P.E., L.S. FBC/msc Enclosures cc: Mr. Morris A. 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W ~~ ~ . ~ ~~ ~~ g ~~ •~~ ~~~ ~~ ~ ~~ ~ ~_~~ g S ~~ ~~ ~~~ 1 m a ¢ ~~~ ~~~ T ~ ~exxRa~~~~a~e~s=sassc$~s~~~aa~~as~~ ~~ 5 ~~ ~ZC°i.^..~.^..^.iQ~t~IXXXXXiiCaS'i~~'~ICB~gi!!X ~ ao~n~ono~g~w~»w:~.~,~~.~.°.Zwr°ua~~i ~i~~~ii~~'i ~ c dd~ ~3~ ~~ ~~ 8 Q U W ~~ z~ ~~ ~~~ 19~ ,.- ~ ~ N , ~ ~ ^~~ ~~ N i ~a d ~i ~~~~~ a d ~ '~ a ~~ ~6s S ~O ~~ ~~ ~~ ~~ ~ ~ Sao ~ b ~~~d~ ij W ~dd& 3~ ~, ~ W ~ g- ~ ~ ~ ~ ~ ~ Z~ ~. ~ ~j~ ~ s ~ ~ ~ ~ ~ :~~E~ W a~~ ~ ~ G ~+ ~ ~ ~~R~~~~ ~' ~ m ~ !! ~~ ~ ~ ~ ~ ~ ~ 8 .- a b ~ C3~ ~ ~ q ~ i i~- ~~ g ~~~ _ ~ aG ~~ i J~ ~~s ~~qq~~ 3g ~~~ ~~~ ~~ ~~ i~ ~~~ 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 RESOLUTION 92893-6 REQUESTING THAT THE NATIONAL PARR SERVICE AND BLUE RIDGE PARKWAY HOLD A PUBLIC HEARING ON PROTECTION OF THE BLUE RIDGE PARKWAY WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has recognized the importance of protecting the view from the Blue Ridge Parkway by establishing a committee that recommended critical viewsheds located in the County that should remain agricultural; and WHEREAS, the Board has determined that the citizens in the Roanoke Valley are vitally interested in protecting the scenic beauty of the Blue Ridge Parkway as evidenced by the support for this protection at recent local public hearings; and WHEREAS, the Roanoke County Board of Supervisors can exercise only limited authority to protect areas adjacent to the Blue Ridge Parkway from development, and this issue should be addressed through a joint effort of the localities and states along the Blue Ridge Parkway and the federal government. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia hereby requests: (1) That the National Park Service and Blue Ridge Parkway hold a public hearing on scenic protection of the Blue Ridge Parkway; and (2) That the appropriate members of the United States Senate and House of Representative be invited to attend the public hearing. BE IT FURTHER RESOLVED, that the Board of Supervisors offers its Community Room located in the Roanoke County Administration Center as a location for the public hearing. On motion of Supervisor Johnson to adopt the resolution and that copies be sent to all local governments adjacent to the Blue Ridge Parkway. Carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors CC: File Terry Harrington, Director of Planning & Zoning Gary Everhardt, Superintendent, Blue Ridge Parkway National Park Service ACTION NO. ITEM NUMBER ~" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1993 AGENDA ITEM: Request for Adoption of a Resolution Asking that the National Park Service and Blue Ridge Parkway Hold Public Hearings on the Blue Ridge Parkway Viewsheds COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In 1992 during preparation of the new zoning ordinance, several parcels of land adjacent to the Blue Ridge Parkway were identified as having a potential effect on the continued scenic beauty of the parkway. An ad hoc committee was established to recommend critical viewsheds that should be protected. The committee identified eleven areas that were defined as "critical". This action offers only limited protection to the Blue Ridge Parkway in two areas in Roanoke County, and does not address the many problems that will arise in future efforts to protect the view along the entire length of the parkway. This effort must involve many localities, several states and the federal government. At the September 14 Board of Supervisors meeting, Supervisor Bob Johnson suggested that the National Park Service and Blue Ridge Parkway officials hold a public hearing to deal with this important issue. He asked that a resolution be adopted asking that a public hearing be held and that members of the U. S. Senate and House of Representatives be invited. STAFF RECOMMENDATION: Staff recommends that: (1) the Board of Supervisors adopt the attached resolution requesting a public hearing on the Blue Ridge Parkway; (2) that the Board of Supervisors offer their Community Room to hold the public hearing; and (3) that the appropriate members of the United States Senate and House of Representatives be invited to attend. Elmer C. Hodge County Administrator Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens ~"r~ AT A REGIILAR MEETING OF THE`BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, SEPTEMBER 28, 1993 RESOLIITION REQIIESTING THAT THE NATIONAL PARR SERVICE AND BLIIE RIDGE PARKWAY HOLD A PIIBLIC HEARING ON PROTECTION OF THE BLIIE RIDGE PARKWAY WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has recognized the importance of protecting the view from the Blue Ridge Parkway by establishing a committee that recommended critical viewsheds located in the County that should remain agricultural; and WHEREAS, the Board has determined that the citizens in the Roanoke Valley are vitally interested in protecting the scenic beauty of the Blue Ridge Parkway as evidenced by the support for this protection at recent local public hearings; and WHEREAS, the Roanoke County Board of Supervisors can exercise only limited authority to protect areas adjacent to the Blue Ridge Parkway from development, and this issue should be addressed through a joint effort of the localities and states along the Blue Ridge Parkway and the federal government. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia hereby requests: (1) That the National Park Service and Blue Ridge Parkway hold a public hearing on scenic protection of the Blue Ridge Parkway; and (2) That the appropriate members of the United States Senate and House of Representative be invited to attend the public hearing. BE IT FURTHER RESOLVED, that the Board of Supervisors offers its Community Room located in the Roanoke County Administration Center as a location for the public hearing. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 RESOLUTION 92893-7 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA AUTHORIZING THE ISSUANCE AND SALE OF THE COUNTY OF ROANOKE, VIRGINIA WATER SYSTEM REFUNDING REVENUE BONDS, SERIES 1993 WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia ("County") has determined that it is advisable to refund a portion of the outstanding principal amount of the County's $59,731,873.75 Water System Revenue Bonds, Series 1991 consisting of the bonds maturing on July 1, 2021 and July 1, 2031 in the aggregate principal amount of $47,615,000 ("Refunded Bonds"). WHEREAS, the Board of Supervisors proposes to issue revenue bonds of the County payable solely from revenues of the County's water system ("Bonds") pursuant to the Master Indenture of Trust, dated as of October 1, 1991 ("Master Indenture") between the County and Crestar Bank, as trustee ("Trustee") to provide funds to refund the Refunded Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board of Supervisors hereby determines that it is advisable to contract a debt and to issue and sell the Bonds in the maximum principal amount of $56,000,000, which amount is anticipated to be sufficient to amortize the principal of and premium and interest on the Refunded Bonds and to pay expenses incurred in connection with the issuance and sale of the Bonds. The issuance and sale of the Bonds is hereby authorized. The proceeds from the issuance and sale of the Bonds shall be used to pay the outstanding principal amount of and premium and accrued interest on the Refunded Bonds and to pay the costs of issuance and sale of the Bonds. 2. Pledge of Revenues. The Bonds shall be limited obligations of the County and principal of, premium, if any, and interest on the Bonds shall be payable as provided in the Bonds, the Master Indenture and the Second Supplemental Indenture pursuant to which the Bonds will be issued solely from the revenues derived by the County from its water system, as set forth in the Master Indenture and the Second Supplemental Indenture and from other funds that have been or may be pledged for such purpose under the terms and conditions of the Master Indenture and the Second Supplemental Indenture. Nothing in this Resolution, the Bonds, the Master Indenture or the Second Supplemental Indenture shall be deemed to pledge the full faith and credit of the County to the payment of the Bonds. 3. Details of Bonds. The Bonds shall be issued upon the terms established pursuant to this Resolution and the Bond Purchase Agreement (as, defined below). The Bonds shall be issued in fully registered form, shall be dated such date as the County Administrator or Chairman of the Board of Supervisors may approve, shall mature in the years and amounts determined by either of such officers and set forth in the Bond Purchase Agreement, shall bear interest payable semi-annually at the rates set forth in the Bond Purchase Agreement, shall be in the denominations of $5,000 each or whole multiples thereof and shall be numbered from R-1 upwards consecutively. 4. Sale of Bonds. The Board of Supervisors authorizes the sale of the Bonds in an aggregate principal amount not to exceed $56,000,000 to Alex. Brown & Sons, Incorporated, as underwriter ("Underwriter"). The County Administrator and the Chairman of the Board of Supervisors, or either of them, are authorized and directed to execute and deliver a Bond Purchase Agreement with the Underwriter (the "Bond Purchase Agreement"), providing for the sale and delivery of the Bonds. The County Administrator and the Chairman of the Board of Supervisors, or either of them, are authorized and directed to determine and approve the final details of the Bonds, including, without limitation, the aggregate principal amount of the Bonds, the optional and mandatory redemption provisions and sale price of the Bonds to the Underwriter, provided that (i) the true interest cost of the Bonds, excluding any bond insurance premium, shall not exceed 9$; (ii) the maturity of the Bonds shall not exceed the maturity of the Refunded Bonds; (iii) the sale price of the Bonds to the Underwriter excluding any original issue discount, shall not be less than 97$ of par; and (iv) the aggregate principal amount of the Bonds shall not exceed $56,000,000. The approval of such officers shall be evidenced conclusively by the execution and delivery of the Bond Purchase Agreement. 5. Redemption and Payment of Refunded Bonds; Escrow Agreement; State Council on Local Dept Approval. The County Administrator and the Chairman of the Board of Supervisors, or either of them are authorized and directed to execute and deliver an Escrow Agreement between the County and Crestar Bank, providing for the irrevocable deposit of proceeds of the Bonds (and other available money) sufficient, when invested as set forth in the Escrow Agreement, to provide for payment of principal of and premium and interest on the Refunded Bonds. The County Administrator and the Director of Finance, or either of them, are authorized and directed to determine the maturities of the Refunded bonds to be redeemed, to irrevocably call for redemption such Refunded Bonds at their earliest optional redemption date and to provide for notice of such redemption to be sent to the registered owners of such Refunded Bonds. The Director of Finance is authorized and directed to apply to the State Council on Local Debt, if required, for approval of the refunding of the Refunded Bonds maturing on July 1, 2031. 6. Non-Arbitrage Certificate and Tax Covenants. The County Administrator and such officers and agents of the County as he may designate are authorized and directed to execute a Non- Arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended ("Code"), including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The Board of Supervisors covenants on behalf of the County that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in the County's Non-Arbitrage Certificate and Tax Covenants, to be delivered simultaneously with the issuance and delivery of the Bonds and that the County shall comply with the other covenants and representations contained therein. 7. Disclosure Documents. The County Administrator, the Chairman of the Board of Supervisors and such officers and agents of the County as either of them may designate, are hereby authorized and directed to prepare, execute and deliver an appropriate preliminary official statement, official statement, and such other disclosure documents as may be necessary to expedite the sale of the Bonds. Such disclosure documents shall be published in such publications and distributed in such manner and at such times as the County Administrator, the Director of Finance or such officers or agents of the County as either of them may designate, shall determine. The form of the Preliminary Official Statement on file with the County Administrator and a final official statement in substantially the form of the Preliminary Official Statement are approved and their use by the Underwriter in connection with the offering and sale of the Bonds is approved, ratified and confirmed. The Director of Finance is authorized and directed to deem the Preliminary Official Statement "final" for purposes of Securities and Exchange Commission Rule 15(c)2-12. 8. Financing Documents. The Bonds shall be issued pursuant to the Master Indenture and a Second Supplemental Indenture of Trust between the County and the Trustee. The County Administrator and the Chairman of the Board of Supervisors or either of them are authorized and directed to execute and deliver the Master Indenture and the Second Supplemental Indenture of Trust in substantially the forms on file with the County Administrator with such changes as either of them may approve, such approval to be evidenced conclusively by the execution and delivery of such documents. 9. Further Actions. The County Administrator, and such officers and agents of the County as he may designate, are authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Bonds and all actions taken by such officers and agents in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. 10. Filing of Resolution. The appropriate officers or agents of the County are authorized and directed to file a certified copy of this Resolution with the Circuit Court of the County of Roanoke, Virginia pursuant to Section 15.1-227.9 of the Virginia Code. 11. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, certifies that the foregoing constitutes a true, complete and correct copy of the Resolution adopted at a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on September 28, 1993. On motion of Supervisor Kohinke, to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: YY)G2~-- ,,~L , Mary H. Allen, CMC, Clerk Roanoke County Board of Supervisors CC: File Diane Hyatt, Director of Finance Clifford Craig, Utility Director Paul M. Mahoney, County Attorney RESOLUTION 92893-7 AUTHORIZING ISSUANCE 1993 WATER SYSTEM REVENUE BONDS TO REFINCE PREVIOUS ISSIIES At a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on September 28, 1993, the following persons were present or absent as shown: PRESENT: Supervisors Johnson, Kohinke, Eddy, Nicken, Minnox ABSENT: None Upon motion by Supervisor Kohinke, the following resolution was adopted by a majority of the members of the Board of Supervisors by the following roll call vote, as recorded in the minutes of the meeting: MEMBER VOTE Supervisor Johnson Yes Supervisor Kohinke Yes Supervisor Eddy Yes Supervisor Nickens Yes Supervisor Minnix Yes ACTION NO. ITEM NUMBER ~"` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1993 AGENDA ITEM: Request for Authorization to Issue 1993 Water System Revenue Bonds to Refinance Previous Issues. COUNTY ADMINISTRATOR'S COMMENTS: d J ~~~~ BACKGROUND: On September 14, 1993, the Board of Supervisors authorized the staff to prepare for the refinancing of portions of the 1991 Water System Revenue Bonds. The State Council on Local Debt met on September 15, 1993 and approved the refunding of these bonds. SUMMARY OF INFORMATION: The bonds will be issued in the maximum principle of $30,800,000. In order to complete the County Board commitment, the attached resolution authorizes the County staff to proceed with the refinancing of 1991 Water System Revenue Bonds. Staff will work with Financial Advisors, Bond Council and Underwriters to prepare a package that is ready to market in October 1993. The market will be tested daily to determine the optimum time to enter the market to take full advantage of the low interest rates. Currently the present value of estimated savings is in excess of $1,000,000. The refunding savings will be shown as a reduction in debt service over the forty year term of the bond. Savings will be minimal before the year 2000. STAFF RECOMMENDATION: Staff recommends adopting the attached resolution which authorizes the issuance of 1993 Water System Revenue Refunding Bonds. ~. r~ Respectfully submitted, ,C.ci.n-,z. ~ . :~~fLSC~ Diane D. Hyatt Director of Finance Approved by, ~~~ Elmer C. Hodge County Administrator ACTION VOTE Approved () Motion by: No Yes Abs Denied () Eddy _ _ _ Received () Johnson _ _ _ Referred () Kohinke _ _ _ To () Minnix _ _ _ Nickens ~-- '~~Q RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA September 28, 1993 At a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on September 28, 1993, the following persons were present or absent as shown: PRESENT: ABSENT: Upon motion by ,seconded by ,the following resolution was adopted by a majority of the members of the Board of Supervisors by the following roll call vote, as recorded in the minutes of the meeting: MEMBER VOTE E-G A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA AUTHORIZING THE ISSUANCE AND SALE OF THE COUNTY OF ROANOKE, VIRGINIA WATER SYSTEM REFUNDING REVENUE BONDS, SERIES 1993 WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia ("County") has determined that it is advisable to refund a portion of the outstanding principal amount of the County's $59,731,873.75 Water System Revenue Bonds, Series 1991 consisting of the bonds maturing on July 1, 2021 in the aggregate principal amount of $30,800,000 ("Refunded Bonds"). WHEREAS, the Board of Supervisors proposes to issue revenue bonds of the County payable solely from revenues of the County's water system ("Bonds") pursuant to the Master Indenture of Trust, dated as of October 1, 1991 ("Master Indenture") between the County and Crestar Bank, as trustee ("Trustee") to provide funds to refund the Refunded Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board of Supervisors hereby determines that it is advisable to contract a debt and to issue and sell the Bonds in the maximum principal amount of $38,000,000, which amount is anticipated to be sufficient to amortize the principal of and premium and interest on the Refunded Bonds and to pay expenses incurred in connection with the issuance and sale of the Bonds. The issuance and sale of the Bonds is hereby authorized. The proceeds from the issuance and sale of the Bonds shall be used to pay the outstanding principal amount of and premium and accrued interest on the Refunded Bonds and to pay the costs of issuance and sale of the Bonds. 2. Pledge of Revenues. The Bonds shall be limited obligations of the County and principal of, premium, if any, and interest on the Bonds shall be payable as provided in the Bonds, the Master Indenture and the Second Supplemental Indenture pursuant to which the Bonds will be issued solely from the revenues derived by the County from its water system, as set forth in the Master Indenture and the Second Supplemental Indenture and from other funds that have been or may be pledged for such purpose under the terms and conditions of the Master Indenture and the Second Supplemental Indenture. Nothing in this Resolution, the Bonds, the Master Indenture or the Second Supplemental Indenture shall be deemed to pledge the full faith and credit of the County to the payment of the Bonds. 3. Details of Bonds. The Bonds shall be issued upon the terms established pursuant to this Resolution and the Bond Purchase Agreement (as, defined below). The Bonds shall be issued in fully registered form, shall be dated such date as the County Administrator or Chairman of the Board of Supervisors may approve, shall mature in the years and amounts determined by either of such officers and set forth in the Bond Purchase E-G Agreement, shall bear interest payable semi-annually at the rates set forth in the Bond Purchase Agreement, shall be in the denominations of $5,000 each or whole multiples thereof and shall be numbered from R-1 upwards consecutively. 4. Sale of Bonds. The Board of Supervisors authorizes the sale of the Bonds in an aggregate principal amount not to exceed $38,000,000 to Alex. Brown & Sons, Incorporated, as underwriter ("Underwriter"). The County Administrator and the Chairman of the Board of Supervisors, or either of them, are authorized and directed to execute and deliver a Bond Purchase Agreement with the Underwriter (the "Bond Purchase Agreement"), providing for the sale and delivery of the Bonds. The County Administrator and the Chairman of the Board of Supervisors, or either of them, are authorized and directed to determine and approve the final details of the Bonds, including, without limitation, the aggregate principal amount of the Bonds, the optional and mandatory redemption provisions and sale price of the Bonds to the Underwriter, provided that (i) the true interest cost of the Bonds, excluding any bond insurance premium, shall not exceed 9%; (ii) the maturity of the Bonds shall not exceed the maturity of the Refunded Bonds; (iii) the sale price of the Bonds to the Underwriter excluding any original issue discount, shall not be less than 97% of par; and (iv) the aggregate principal amount of the Bonds shall not exceed $38,000,000. The approval of such officers shall be evidenced conclusively by the execution and delivery of the Bond Purchase Agreement. 5. Redemption and Payment of Refunded Bonds; Escrow A~?reement. The County Administrator and the Chairman of the Board of Supervisors, or either of them are authorized and directed to execute and deliver an Escrow Agreement between the County and Crestar Bank, providing for the irrevocable deposit of proceeds of the Bonds (and other available money) sufficient, when invested as set forth in the Escrow Agreement, to provide for payment of principal of and premium and interest on the Refunded Bonds. The County Administrator and the Director of Finance, or either of them, are authorized and directed to irrevocably call for redemption the Refunded Bonds at their earliest optional redemption date and to provide for notice of such redemption to be sent to the registered owners of the Refunded Bonds. 6. Non-Arbitrage Certificate and Tax Covenants. The County Administrator and such officers and agents of the County as he may designate are authorized and directed to execute aNon-Arbitrage Certificate and Tax Covenants setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended ("Code"), including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The Board of Supervisors covenants on behalf of the County that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in the County's Non-Arbitrage Certificate and Tax Covenants, to be delivered simultaneously with the issuance and delivery of the Bonds and that the County shall comply with the other covenants and representations contained therein. -2- E-6 7. Disclosure Documents. The County Administrator, the Chairman of the Board of Supervisors and such officers and agents of the County as either of them may designate, are hereby authorized and directed to prepare, execute and deliver an appropriate preliminary official statement, official statement, and such other disclosure documents as may be necessary to expedite the sale of the Bonds. Such disclosure documents shall be published in such publications and distributed in such manner and at such times as the County Administrator, the Director of Finance or such officers or agents of the County as either of them may designate, shall determine. The form of the Preliminary Official Statement on file with the County Administrator and a final official statement in substantially the form of the Preliminary Official Statement are approved and their use by the Underwriter in connection with the offering and sale of the Bonds is approved, ratified and confirmed. The Director of Finance is authorized and directed to deem the Preliminary Official Statement "final" for purposes of Securities and Exchange Commission Rule 15(c)2-12. 8. Financing Documents. The Bonds shall be issued pursuant to the Master Indenture and a Second Supplemental Indenture of Trust between the County and the Trustee. The County Administrator and the Chairman of the Board of Supervisors or either of them are authorized and directed to execute and deliver the Master Indenture and the Second Supplemental Indenture of Trust in substantially the forms on file with the County Administrator with such changes as either of them may approve, such approval to be evidenced conclusively by the execution and delivery of such documents. 9. Further Actions. The County Administrator, and such officers and agents of the County as he may designate, are authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Bonds and all actions taken by such officers and agents in connection with the issuance and sale of the Bonds are hereby ratified and confinmed. 10. Filing of Resolution. The appropriate officers or agents of the County are authorized and directed to file a certified copy of this Resolution with the Circuit Court of the County of Roanoke, Virginia pursuant to Section 15.1-227.9 of the Virginia Code. 11. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, certifies that the foregoing constitutes a true, complete and correct copy of the Resolution adopted at a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on September 28, 1993. Clerk, Board of Supervisors, County of Roanoke, Virginia -3- ACTION NO. ITEM NO . ~ - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1993 AGENDA ITEM: Requests for Public Hearing and First Reading for Rezoning Ordinances Consent Agenda COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND• The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions, rather approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for October 26, 1993. The titles of these ordinances are as follows: (1) An ordinance to rezone .886 acre from C-1 to R-3 to construct multi-family dwelling units located on Starkey Road approximately 150 feet south of intersection with Woods Crossing Drive, Cave Spring Magisterial District, upon the petition of Hobart Family Trust. (2) An ordinance authorizing a Special Use Permit to construct an accessory apartment located at 1845 Mountain View Road, Vinton Magisterial District, upon the petition of Douglas & Dorothy Forbes. (3) An ordinance to rezone 0.6504 acre from C-2 conditional to C-2 to construct an automobile parts retail store located at 3505 Brambleton Avenue, Windsor Hills Magisterial District, upon the petition of Floyd T. Critcher. (4) An ordinance to amend conditions on 2.066 acres to construct a hotel/restaurant located approximately 200 feet north of Carvin Street and Walrond Drive, Hollins Magisterial District, upon the petition of Richard W. Sloan. ~~_5 2 (5) An ordinance to rezone 1.22 acres from C-2 to R-1 to expand or replace an existing house, located at 5374 W. Main Street, Catawba Magisterial District, upon the petition of the Roanoke County Planning Commission MAPS ARE ATTACHED; MORE DETAILED INFORMATION IS AVAILABLE IN THE CLERR~S OFFICE. STAFF RECOMMENDATION: Staff recommends as follows: (1) That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for October 26, 1993. (2) That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Items 1 through 5, inclusive, and that the Clerk is 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 action. Respectfully submitted, • ~~ Paul M. 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'~ ` ~19i RVn~ b~ h. 39 90 ~ - y ~ 6680 `• , - ' i._6 L. 1 \ \ \ .: °cr ~ S °re ~ p / • ~- 40 . _ ,~ * DEPARTi~NT OF PL,~NNIi~TG pETiTIONER: HOBART FAMILY TRUST Z ~ AND ZONING TAX MAP NUMBER(S): 87.19 - 3 - 34 ;_' REQUEST: REZONE C-1 TO R-3 v„ _ ~\ ~, '. ' ~ Rpp,D 1 N1 OU ~.•~~'~ 1J RTE • CoS 1 ~ ~- (_ C A • SEc _.- ~N oJ~VwTo.i v U'S'SR le• ~'Oy E ~ROrJ L'~E ^78 0~~ 1-18.89• PIN IRON Ptwl •• A," I A RCS l2l.l l• l ~ Q, IA N 1 I ~o wsN , Po,.E I j ~ a a~~ o ~ 'a~ I ~~~~° ~ W I o ~ rrr~ ~ ~ '~' ~ J o Ulti- ', w '4 ~ o ~a ddm e I dad r ~ 'V ~ .t N ~ cP~ W ' N N ~ /~h~h J ~ ~ ~ ~/~ 3~ ~ o o 7 ~ W I ti N ~l ~ N N ~ I ?~r ~ Q ' N W ~ '~ PROPOSED ~ L ~' I ~-- ~ ~ STORMWATER pl ~ ~ 3•eouc. MAUAma1-^E1JT f O ~_ ~ w~~K p AREA ~ O •• I "N ~ Y ~ ~ 7 o[/N N d O. O I ~F/O. B4S N Z STORY ` \~~C Q ~ ~ ~ M;~`R• ~ ~RIGK ~, VINYL o Q. Q Q ~ f a r r \ ~ J woos PATw ~ S J IQ DECK i Q3 O C~~9. v '12 . 24 , . ,~~ 3.3 ~ 2 ACRES a~ ~ o. "m ~ ~ ~ LEGAL TAK lJo. col .O 1 - 1- 2.2 N ~ REFER6.ISCE: I ~ / T4x rv o ~ I ~ / Ga1.01-1-2.Z ~ ~ i W SEE NEvJ 1=.ASEMEI.IT 1 / tL GpN•/EyED To A.PGo. I / 0.13. 13 G9 PG,Z21 ~ ~ // 50' w l DE >J 34.37' Z.o•• E // 6.'S8' ~~ 3o.5z' ~ -~- S84.31'34•W 310,00' ~ Ot.D ~-~IP N , "A," SJOTE'. THE SUB~lEGT 1.low OR FOeMERt_Y/ IT.ea' ~ PROPERT`( IS LOCATED 15,1 PstOpERTY OF AyG,~ 12'30 10" FLOOD II.I5URA/.lvE ZOIJE GQE~fSTOKE PROPO6ED RAD.• 550.60' "C" AS oESl6UATED F3Y pA~yERS1-11P 20` SA~574R`C TAt.I.• fo0.80' THE SECRETARY OF D.g.1280 PG.S73~ 4EWER C1aD.=UZ9`303Co"E HOUSI-.1G A1J0 UR6A1.1 ~ EACEMEUT I~.O.15~'o DEYELOPMEUT. TAX 1.10,61.01-t-Z S~1RVE`{ FOGZ ~ DOUGLAS C. ~ DOROTH`C S. FORGES ~ ~~ _ ~~t~••~~L OF A 3.312 ACRE TRACT , SURVEY FOR ~O UGLAS ~A1~~1 ~ If SS C' ~ ~OROT1-iY S• GORSES i SITUATE OU MOV13T.~11.1 ~~~:Jy~ VIEW ROAD CVA. SEC. RTE. X51 ~rM~• d•E~ Ro,A1.10KE CoU1,1TY , V t RG11Jl c~ , fR11fICATEMo. scALE: 1"~~0' JU1.1E 30 ,199'L 1070 ~~~ FQ ~P, BY : ~.1 ACK U . gE3S ~lANO CELZT1FtE0 t-A1.1~ SLIRVE`tOR _ ,_ _ ___ __ - P.'~PI _ ~" DEPAR2'MENT OF PLANNING p~ITIONER: DOUGLAS C & DOROTHY S. FORBES AND ZONING TAX MAP NUMBER(S): 61.01 - 1 - 2.2 ~? ~ REQUEST: SPECIAL USE PERMIT -ACCESSORY APARTMENT n~ .... ti fL .09, ~ ~i ~1~0 1 ~='A~ `~O m , \ ~ ~A~~< ^ N ~ ~ % o ~ \ i c`.4o QVVV ~~ ~~ ~ ~T I ~ ~ ~? ll ~ n.3°I-1C.a AG. ~ 3 ~ ~~ ZOI.lED I~-I ~ ~ g ~ \ v,~ca-IT ~~ z ~ \ ~~ ~ ~ • U (00"15 00 E - I"l 3 ~'=~ /T/T / / // / / ---~ ~F~ Yov,~ ns pf~i D. 8Y GRDI~-A+~E /~//i. /.11SC1 L~111 L~~CI~! i ~i, ~ ~ \ ~ p ~° - Q W ~r M ~~ Qg U 8r ~~ ~~ i 1 ~, '~~ V v ~ MQ '~~~...fff~''' V 'L ~ 3 ~ ~ ~, of Z \~o - t ~~ PC ~O 1 O1~E ~~Y_ ~ \ ~ I 9 W i~ ~ ~ ~ ~ I i Two S~7 h7RuCt. cr ~ ~y 1- ~ ~ Z >r __ r-_ ~V ~ - N LL ll~ . 0 - i to ( 1 ~ ~ ,~ ac-, ~ ~ __ ~__ 4 ~ ff ~~ cC 28.2s' I~PiIv~ ~ a ~ 4AC. IF ~ / ~ ~Z _ ~ I"I. d `~ ~1_ I / ~ 30 _ '1 $O~ \~,L I I ( o. C_ t~ ~ ~~~ii ,h~' ~ Q ~~/ SCoO"LSG2~"1.1- I`SI~ F.H•/ ~- W"PP~ . I.GrA-(ION 6usT. -~-" wn~g IabTeLIC1? C.1STVl1l~ BRAMBLETON AVENUE UE,11F~,AL Uo-rES 2.) To~GI3/~PNiC t~~"rP -Tc•~,EU Fri-•v~ °~~ PLA.,~uluca Gl~'TFC.T I"i~'c"tl.lG. 3.) LG~~,'~IOi-J of OI..L-~'T~ U?IU"r I GUl1U6CTIo~i Ui._tv,~.x~-1N ~.T ° ~PRaG.IG~A.TIO~-~ t34sT '~• Sw v, . Col..lG~~-i- ~I~'.1v AL1•Tv Zo--IE 1°REP.nv,£D poP~ ~LO~'D T'• CFt,I'(GNEt3 ~4s-( ice, 19°t 3 D GI-s NORTH J+u ' -- FN<LOOe # 2~ \ x t y 2y a J~ ' ~" ~- _RI-161S 23 J J J~JJ J.ff I ~ t ~ I Jjlt. ~•4 ~ .. 'YtO~ .~~ ' JtJa ' 4 b ~~ ' 1 2 3 xb. J., •, ` \ - _ b 'JJ.I - ~ Jlrt I xat X' ~ ~~2 1O l _~ ~ J 6 J ~ _ ' ¢ 4rf`~ / .:. . Sevf 29+ xJa .~ = ~ •.•-• p 2i y ~' 71 xx xt 28 " Jrar x 0) 7 x0t JJ,9 I I ~ r •x01 6 32 ~ xR ~ ie _ g • LOf - - 34 35 J7 • 21 .. r :. 23 6 J I 27 ? S 28 '• xw 36 ;, Jt • ]Nt ' 6 _ I xOr . - ° Y.. - ~ t xU < )tN~f •~• X.a ;' • x/J 9 7 3 ^ - • r 20 26 J ~ >r. I 3 ,JfN I Jff. NII .., ~ L_ /, D ~ n • a D I \ f}.t I Ytt ~ IB 2y K , L 2 p I ~ 21 ' - - - ._ - _. - _ 9 1 , \ ,• ~9 t fit) u xtl 24 JaJ I • Jtta- i 21 • ~p~ JO ~ I are I \ a 1 I '• n ,~fl I S r sw Y E ~ 1. 4 , 8 Jrlr t6 . tw 20 ~ " ~ rn ,• e .,. S \ ,\B1 h L, 7 3 • • 12 s J -Jrari3 • • , 12 •7f'•f I - ~ Ir': 1 JJII S p ~`\\ I.OOJC xJi J 13 22 • P.. 'rll t1i/ i , I I7 . e ra• $ : ~~ •13 ~ J 19 a t-'- ~ . o° o ' ~ 1 ~ x l i~ • S .• ~ J H- - fu, I 2 ~ I J Jer J Jut A \ xO ~ ~ ., ~ ,. ~- ., 3 ..., .~. ~ _ _ , . _ 14 22 / 36 ~ \ ' \wi \ J x 16 ~ ' Is rJi •' :° = i3' IB (7 _ t r ~ • s'MI • ' 1ooJC xaJ le ~ ~(as ~ / L. 37 !IY J ' n JJJr . ,• Iy - - J91 I - _..- lJll 3 I6 ~ IS I c Jtr • lJti \ , 16 o ~ ~ IJw »t 21 6 Jlf/ ')r )~•0•. 17 ,~ ~ JJA JuI 14 ,f, _ 17 . `p Y •• -• ~ - 1 ~ p _ ; f I - ~ •~ Plnfwlf ~~ -__ _~ ~~ ~ R v:, tl,. Jlaf 18 s •.J.al 01~ •`• 18 ., n .,» n .~ opy -~ ~. ~. ,~ • . ~ 19 ~ JftJg I = • .. J7at Jfx 5 Jfta ,f. I I i xu ,~ L ~ ~ ^ zo y , \ ~ ~ _ _ 1rn : ,: • _ 23 ^ 2s ~ 27 Joe _ 19 ~. 29 I _ 30 J 31 ~ _ ~ m.< 33 Jfw ]4 uo. o \ J ~ c~S • / / a 1 -~~ i f ~, • IS .-.. - 1 ~~ "" < ~ i> >2 t01 J< ~ Jrq Pie 't ', •, , i ; \ a6 urY / /~ ~\ \ 47 .. 4d ~ ac\pt~ .~ '~`OF Jf0 / \ ca Jau ' °O `~ rl / J. \yI .• 37 ~ 3 2 s ~, / \\ 4 ; / `. zed ~ 7 99 ~ ~ n' /E~22 \ ta• \ zs 6 ,V 1 J4J " 2a • ~~ i w i0\JJN \ ~ ~' .f wr J.Jr -Jn ~ 4" DEPARZi~IENT OF PLANNIATG PETITIONER: FLOYD T. CRITCHER _ "- _ TAX MAP NUMBER(S): 77.09 - 4 - 36 AND ZONING REQUEST: REZONE C-2 CONDITIONAL TO C-2 NO CONDITIONS °j . ,_ I, 1, i i W~ ~ ~ ~~~,~ .ii ~. aa~ ~~~ ~ ~~~ NNI r~ll~ ~.aLLW10~ ~ ~~ r~ ~ i~~ ~'i 1 gib i N v z ~~ ~ ~ ti. G~!%S ~ a ~~ ~~~ d~.~ i __ ~~~~~ ~ ~m ~~ ~~ ---- _ DEPARTMENT OF PLANNING PETITIONER RICHARD W. SLOAN AND ZONING TAX MAP NUMBER(S): P/O 27.06 - 4 - 6 REQUEST: REZONE C-2 CONDITIONAL TO C-2 CONDITIONAL ~~~ _~_ _. . y~! \ ~ ~ 136 ERS LNG / • ~ ~, Y o ~ 710 W RO• .G J ~ ; ~ GLEN FORE T C ~ ~ '~ < II P~ '\t<G g j z 1300 47 CHU~ , 3 7 ty ~,~ s ~ ~ ~~y -- ~'~. Sc ~. ° ~' T ( 2 2 7 6 ~J~~ AND .~ LINDSE a ~< m ~ 7 (Ew W • TRACT - ~ ,fl l QVARR ~ ~ / C) Z 21552 XIE °~~^~ VICINITY - ..MAP-- } . pt _,_ _-_-__ . . ~ Gi-s NORTN '- Carfttr ~°~~~, 9 ~ 3 1632 Ac 4.24 Ac / ~ ,_ 2.0SA~. °~ -o .rte 14 - '~ L0 Ac . o~ is ~ ~ o - s~ 13 • ~ ~, I 3.99 Ac 12 ~ I.O Ac • fl 1 'P,f 8 ~ ; ',, '° '~, 4 2 3.6 Ac J c a 1 4.42 Ac J°a 26 '' ~ra~ ~ 2.7 Ac 27 Mlnar °n 63A 1 1 20 4 Ac~,c~ $ of ''' Dr'v6 ti c . 2? I 1.25Ac ~' o ~~ . ~., , ,d°t °° 3 e G~ ., ,~ ~ ~.- , 9r 1.21 Ac ~ 1.13 Ac 20.1 / 28 es 1.25Ac. ° 19 ~'n / ~° ~ ,az, .nA~w LabAc c' ~ / II \ 4.92 Ac I.OAc.(L'! \c'~t4` ,t•e 9 13 Ac(O t ~° `°~~~ ~ 12 n c 30~ a>'~" 23 1 Z t'lS +' ~~ • C ~~,• 7j 772 At i „ 'S• ~~ es~ ~ a c t,~ 06 '~ ~ 1 13 S3•~ ~Q 2J5 Ac ~ - - F " / / ° 3.as ac a er 3 ~ ~ O s / .~ ms / °o as~1 c ~ / / / ~' 31 ,0 0 ~ / ~ r 9 32 ~ ~ / ~°• / / ~ 27 a oaccot 28 3 .o C ~/•~ '`33.1 ? \ / .I Iq / 2.3 AC :25 M . 27a Ac(C),T14T .I.t2 Ac Big Ni// Baprir/ A C/trcA / ~ = 6 ~~ ~ 37 . c, ~ / ~ I. ~ Rt. ;-.~ ` ` / ~ \Vz IS ~JV 1.o2ACta 1.25 Act(:) aoo ~ J ~ ~ ~~ u~ ~~ $ l / ~ M ].0 0°0 Ji~ K r / . ` / / / \ / ~ I 4.8 :I 130 I I L69 As ~" DEPAR~NT OF PLANNING PETITIONER: ROANOKE COUNTY PLANNING COMMISSION Z ~ AND ZONING TAX MAP NUMBER(S): 64.01 - 3 - 26 ~_ • REQUEST: REZONE C-2 TO R-1 a. s .' I 107Ac DI LuAC (cl V COUNTY OF ROANOKE DEPT. OF PLANNING AND z0N1NG 3738 t3rambleton Ave. SW P.0. Box 29800 Roanoke, VA 24018 (703} 772-2068 FAX 1703) 772-2030 For staff use only date eiva : i~ received by: appikcation fee: PClBZ d„~t ~ placards issued: 80S da e• / ~, N Cese Number: ~ /~ :t:::':+:1:+::::::=:1:::1:1:1:+: :1'1:1:1:~:~::;:;:•:;:•i.:•t.t::.:.:•:•:•l.: •:•:•: •:.:•:•:•:•~ :.:.:.:.i.7.i.;.:•:•:.. ~ 1•::: •:.:.i;t•l:t•::I •l. t•1• •1.1.1.1 1. t.I.i•t•1.1[t•t:7:1.1.1•t.: 1 I.t:l 1 1:1•! 1•I. I.1. t. {•1.1.1.1.1 ~1.1.1.1~1•I•( •.7: •.•.•:;:••.. . 1 ••'•:•'•'•'•• . 7~ 7 ••1 .t 'iiE'"~ii':' 1 t t 1 i Lli•E 'iiE'i .1.. a•t. y. }~ . y y , r • µ1 %::1:'~%::i:t:%i:i:i:::i:::i~l%:::~1h:last::::::::::::::::%7 1 1 t i 1 %%%I:t 1 1~1•. •7 S .•I I I%:•i:%t•:%1:%%1:%t:[:t•1:7':+3~1•i: %1':~::i%: f ~• 3~i?ii f ~ ' l ,~j ~ , j j y y 1 / ,+ . % ..t.. 'FIF'E •.i. . •iii:? t iEi 'iiE'E'i': ••1•. 1 I~i~l 1 i:isl~:E is lEiiiE IEl EI it Elk i•1.1.1• %i•1.1•t •1.1•I.1.1• 1.1.1.1• •1• . :i~~G i.. J•Z!•: 1•'L ~~~~ 4:l': [~?.. :.lit.. .,f,t;ii iii;!; t: i;i; i i:i:t't::'::i:ii tit:'t:iii ii::.. .I.. .t.. .1..+.1:1:!:1:1:!%:t:+i 1:+:1;::lt l:i Check type of application filed (check all that apply): ® REZONING ^ SPECIAL USE C7 VARIANCE Applicant's name: HOBART FAMILY TRUST, C/.0 L. MICHAEL GRACIK, TRUSTEDhone: g04-747-000 Address: CPA, KEITER, STEPHENS, HURST, GARY & SHREAVES Zip Code: P. 0. BOX 32066, RICHMOND,VIRGINIA 23294-2006 Owner's name: HOBART FAMILY TRUST, C/0 L. MICAHEL GRACIK, TRUSTEE Phone: 804-747-000 Address: CPA, KEITER, STEPHENS, HURST, GARY & SHREAVES Zip Code: P. 0. BOX 32066, RICHMOND, VIRGINIA 23294-2006 Location of property: Tax Map Number: 87.19-3-34 .886 acre -Part of Lots 5, 6, and 7, Section 3, Southern Pine, iVtagisterial District: Cave Spring Starkey Road Community Planning Area: Cave Spring Size of parcel (s): Existing Zoning: C-1 .886 acres Existing Land Use: Undeveloped ' sq.ft. :Itl•1.1:1.1.1{:• •1 I• 111•i t , I.1 1•t•t i•I 1•t•1.3.1.1.1•I.1•:.,•i•t•l•t 1.1.3•!•!•7 i•::•i•1•i•:•i•:•i•:•t•:•3•t•l•1•:•, •1 ~i-1•:•,•1.1 1./ f•t 1 1 1.1.1 1.1 1•f •1•t•f•I 1.1•,•1.1•: •:•1.1 1 I•t t S•1.1• •l •1•i•!•t•1• 1.1 ,.:: 1.1•t•t•I.1 1.1 t , 1.1.1.1 ,•t•t•: s•t•.•:i:•i• t.t, ..7,I,t,.,[ ..,s,.,:,. .,t,.,.,.,.,.,s,.,: .............................. •.1.•. t. •.1.1.1....7.•.3.. •.t.l.t.:.l.•.•.•E•.•.•.. .•1l..t...l.l.•.•.. .l.l.t. i;.. .tt•,•,E:.,.1., .7 : i•: ,t,:•t . t . .,t,l;: ih: E ::;t•t : : • s,... s t • :•E•1 1.1•:• •i7, lilt i7it i. •i.i . •.i..lili7•. iii:: ~i~: •.•1:.:.• .t;• i~j:. .. i." .iti;~;.:;tJtlSlti::::;.tilij;~;lklit7%i: S:l:i.tit•:•:•%%1:: •1:t•1 7,7 7,t,.,., .. t 7,., 7 •• '• • , t i!' ~; Is ; ii' ii !: 1;:. .iiiiiitiiiiiiiiiiii;tiiiii:Eiti7t777t777;777i7l,i1•,iii,7ii 7iliiliii , Proposed Zoning: R-3 for SteN Uss Only Proposed Land Use: Core - Two family dwelling units us. Type: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES X NO tF N0, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Typel YES X NO IF N0, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being proffered with this request? YES NO X 1:: a { : :•li:• :;t;/;1;/;a{:J;altt;t;t;t;:;t;l; i•I:i•7i :1:1::1::1:1:+: %::1::!31:1:171: {1:1::1:: il: :1:1:1:1 ~:[; :1:1:1 E:i7i E i•E :i7. E•E 'itit. Eli: iti E_::::i:i E:i7.• .t•...! ..,E,.,E,. .,t,.,l,.,l,. .,3;l,.. l,.,l,l,. !Ei . .,t . e'.t. it. .. .•.e ': •i ji°:i:•:i.. , i71'i7~li.lt,..• .3 E'i'i'... :::iE'E° ''1~ •l•• ••, lil•t•t•° ifi ii i i.,t,t,i,.,til.. 73713: ~%i:i:i:isisisil[ isfs isisislslsill:l•f •1.1 •I Slsl•1.1 •t 7:1:1.1.1•, 1.1 •ISlsislsf •t•1• stsl• •1.1•tsl•IS sl:ls1:1s1•ts%;:; 7F ' .!:• ' .i:.: .E.;. ..i.;.; . ;.!.;.;.7.;.;.7.7.:.;.;.;.7.;.... .:i;..7.:...7l;. t ri'iti:i:i:i:iti:i i:E:i'ili'i:E :'i'i E' ii 'E' 'i'iiiiiiiiE'i iii 'iE' •• s iiiiiiii'iii'~iii iiii'ii i'i i'i i I 1 i ,t•. i• ;t . •t t•t l . s:o- i•t• •t uovl•nt•t•1 1 t•t•I 7 i i i i : 1 t t•t t 7•la•r3 i i :.3. t... i. .;.1.:••.I...3...t.7.I.,.t...i..... t.,...tl: E.1 ,.•...,.1.....I.,t ...............t.l....:........... [...t.....i.....1.•...•. •:... t.......[,.I Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: N/A Is the application complete? Please check if enclosed. APPLICATION WILL N07 BE ACCEPTED IF ANY OF THESE )TEMS ARE MISSING OR INCOMPLETE. ws v ws v ws v X Consuttaiion 8 1/2" x 11" concept plan Application fee X Application X Metes and bounds description Proffers, if applicable X Justification X Water and sewer application X Adjoining property owners /hereby certify that ! am either the owner of the property or the owner's agent or contrac! purchaser and am acting with the know/edge and consent of the owner. .---~ Owner's Signature: ~,.~C'~~~' n/C ~}•~~., t~ ~•c, FoiSla/t Use On/y: Case Number Applicant The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the zoning ordinance. The property was originally zoned R-3 under the County's former Zoning Ordinance. In the Comprehensive Rezoning the property was zoned to C-1. Earlier this year, the County rezoned adjoining parcels from C-1 to R-3 pursuant to the request of Mr. Hobart. See the enclosed letter of February 19, 1993. Apparently this parcel was overlooked and remained C-1. The applicant seeks to rezone the subject property from C-1 to R-3 in order for it to comply with the former and the existing zoning on the adjoining properties. Please explain how the project conforms to the genera! guidelines and policies contained in the Roanoke County Comprehensive Plan, The project will conform to the Roanoke County Comprehensive Plan under the Core Designation. The Core Designation would allow development of two family units on the property. Therefore, the rezoning would conform to the general guidelines and policies contained in the Roanoke County Comprehensive Plan by allowing the property to be used for a permitted use under the Core District. No site plan is submitted since it is the applicant's contention that this property should have remained R-3 under the terms of the new Zoning Ordinance and that the failure to rezone it from C-1 to R-3 at the same time as the other properties of Mr. Hobart were rezoned is an oversight. Therefore, it was not felt that a site development plan was necessary. Please describe the impact(s~ of the request on the property itself, the adjoining properties, and the surrounding area, as welt as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation, and fire/rescue. The proposed rezoning request would have a minimal impact on the adjoining properties. By construction of two family dwelling units on the property, the use of the property would be similar to uses on surrounding properties. The impact on water/sewer, roads and school sytems would be minimal. ROANOZU3 COONTY OTILITY I)EPARTHSNT APPLICATION FOA WATER OR SETTER SERVICE ~~~ PROPOSED DEVELOPMENT Date AUGUST 20, 1993 Name of Applican t HOBART FAMILY TRUST Phone 804-747-0000 Address of Appli.cant_ C/0 L. MICHAEI (' CIK TRUSTEE CPA KEITER STEPHENS, HURST, GARY & SHREAVES, P. 0. BOX 32066, RICHMOND, VIRGINIA 23294-2006 Name of Developer C. M. DAMS Phone Address of Developer Name of Design Engineer Address of Design Engineer Phone Name of Contact Person C. M. DAVIS - Name of Proposed Development Type of Development and proposed number of units (Be specific) • DUPLEX UNITS Location of proposed development (FURNISH COPY OF MAP AND PLANIMETRIC NUhIDER): Size of proposed development in acres : • . _, .886 Acres Give minimum and maximum elevation (Use USGS Elevations) at which the individual water/sewer service connections would be located: Minimum feet MSL. Maximum feet MSL • Is this application for a development that will be a part or section of a larger Future development? No __ Yes If yes, provide map of entire area if available. i F ~" (OVER) - ignature of App ica COUNTY OF ROAI\(OKE~ DEPT. OF PLANNING AND ZONING 3738 Brambleton Ave. SW P.Q. Box 29800 ~ ' Roanoke, VA 24018 (703) 772-2068 FAX (7031772-2030 Fni clatf rise on/Y ~ date rocgivo~ 43 7 rocoived bY: I ~ or,} f ci appliceti A T PCBZA datq (, '~,~C/J / ~ placards issuod: BOS date:] 16 ~3 Case Numbor: ~~r /Q ~~ Check type-of application filed (check all that apply): ® REZONING ^ SPECIAL USE ^ VARIANCE Applicant's name: Floyd T. Critcher Phone: 981-1319 Address: 6 9 5 5, Mt . Chestnut Road Zip Code: 2 4 018 Roanoke, VA ~ Phone: _ Owner's name: Same as above Zip Code: Address: Location of property: Tax Map Number: 77, 09-04-36 (Portion of ) 3505 Brambleton Avenue Magisterial District: Cave Spring rner of the t h co wes Nort Brambleton Ave. & Pinevale Community Planning Area: Cave Spring C-2 General Commercial District (Conditiona ~ Existing Zoning: Size of parcel (s): 0.6 5 0 4 acres Existing Land Use: Vacant 2 8 , 3 31' - sq.ft. Proposed Zoning: C-2,~ .General Commercial District (uncondit ~ ?fuse o~ry Proposed Land Use: Retail Sales, Automobile Parts/Supply u~eTyp~: Does the parcel meet the minimum lot area, width, and froritage requirements of the requested district? YES x ~ NO ~~ IF N0, A VARIANCE IS REQUIRED FIRST. Does-the parcel meet the minimum criteria for the requested Use Type? YES x NO IF.-NO, A VARIANCE IS REQUIRED FIRST. x • If rezoning request, are conditions being proffered with this request? YES NO a1r~k{~1~~;~t~~A~~t ~.~~"~~i~'{` ~i='=~;;::•;..i_ =€ ~'=i's pi's's='s= €€€=€='s Variance of Section(s) N/A of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. Rrs v ws v ws v x Consultation x 8 1 /2" x 1 1" concept plan Application fee x Application x Metes and bounds description ~- Proffers, if applicable x Justification x ~t Water and sewer application x Adjoining property owners /hereby certify that / am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. Owner's Signature: _ Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-31) as well as the purpose found at the beginning of the applicable zoning district classification in the zoning ordinance. The subject property was rezoned to Business District B-2 (Conditional) in 1979, allowing the conversion of a single family detached dwelling for retail purposes. However, use of the property was restricted to the retail sales and display of home interior decorations. This restriction has severely limited the marketability of the property and has placed an undue hardship upon the applicant. The request for rezoning is consistent with the restrictions placed on surrounding commercial properties along Brambleton Avenue. The proposed use of the site is consistent with the recommendations setforth in the Transition Land Use Category and thereby serves the general purpose of implementing the Comprehensive Plan of Roanoke County. The nature of the proposed commercial activity is such that it is intended to serve the needs of several neighborhoods or large segments of the County's population, thereby, requiring the location of a major arterial thoroughfare. The project will meet all site development regulations ensuring compatibility with adjoining land uses. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Comprehensive Plan. The proposed commercial activity is one not normally located in core locations or within major shopping centers and will have no impact upon the vitality of prime retail areas. The project is located in an area where orderly land development is encouraged. In addition, it will meet all applicable requirements of the site development regulations; thereby, insuring controlled development and adequate lot frontage necessary to provide safe and efficient movement of vehicular traffic. The project will enhance the quality of highway frontage with respect to minimum signage, landscaped areas and a prominent building facade. In addition, the project will meet or exceed all screening and buffering requirements to minimize land use disturbances to adjacent properties. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire/rescue. The request will have no impact upon water and sewer facilities, both of which are available at the site, and fire/rescue service. Because of the non-residential nature of the proposed use, the request will have no impact on school or park/recreational facilities. Brambleton Avenue has been developed as a major arterial thoroughfare designed to carry high traffic volumes and associated turning movements. The increase of traffic generated by the proposed project will have minimal effect on existing roads. Although presently vacant, the property has been used for commercial purposes in the past. Therefore, the proposed development will have minimal impact on the property. Required screening and buffering will be provided along the northerly boundary of the project to minimize the impact on the adjoining residentially zoned property. Because the property to the west is currently zoned C-2, it will not be impacted by the proposed project. ' ROANO1tE` COIINTY ~ . ' OTILITY DEPARTMENT . . APPLICATION FOR WATER'OR :SEWER SERVICE 1 . TO . PROPOSED DEVELOPMENT Date August 18, 1993 Name_ of Applicant Floyd Critcher Phone 981-1319 Address of Applicant- 6955 Mt. Chestnut Road, Roanoke, Va 24018. Name of Developer Same as above ~ Phone Address of Developer Name of Design EngineerLumsden Associates, P•~hone 774-4411 Address of Design Engineer P.O. Box 20669 Roanoke, VA 24018 Name of Contact Person Keith Ractnrfear Name of Proposed Development Autozone Type of Development and proposed number of units (Be specific) 5400± s.f. retail store (automobile parts/supply) Location of proposed development (Furnish copy of map) : . 3505 Brambleton Avenue Size of proposed development in acres: 0.6504 Acres Give minimum and maximum elev~tfon (.Us.e. USGS Elevations) at which the individual water/sewe~~~service~~connections would be located: Minimum 110.2 feet MSL. Maximum 1112 feet MSL Is this application for a development. that will be a part or section of a larger future development? x No Yes If yes, provide map of entire area if available. S i ~ _~~ re of Anol ican t _ ~.,;. . ~, .~ ~ - r I ~~ - W ~ ~o ` x~ _ .c ~~ - j a ~. 1 ~~° ~ xti i \ ~ ~ ~ ~ ~~. \ , ~: U ~ -`' } ~ _ Q ~ o - ~s z Z - N ~ - - _a N ` - - ~ p ~1 ~ l O x~ ,p ~ m N t -r ~~ ~ _ ~ r ~ N ~ - _ ' m ~ o •~ _ ~57 S ~, _ _ C~7 C,~ : _ A p .ate ~ iv' ~. ~ ° ~ ;~ ~~ ~ ~ ~ - .a ~' _ s1'TE C / ` ~/ D ~ ~ ~ ~ Sa ~ 9~ ~ E y ,, ~ L \ b ~ o ..~ O ~ -,~ c ~ ~ ;~ _ /a` / fs~ \ /' ~ ~ O ~ . ~ r .- ~ ~~ Q ~ ~~~` ~ ~ 0 ~- W _Ox~ ` `~ ~ -~ ~~_ ~ .. ~, ~ ~ X~ ..o ~ C ^. ' ~ ~ ~ ~" 8 A INE VE i70 ~, i o ~6~ xti ~ _- i C ~ ., ~ ~6 ~ - - .....~ 1 ~~~Op \ X98, i., ~~B ~ N ~ ~-r~~ l p cn ~ : U, x~ ° . Q w 3 9 ~ ~~ ~ _ ~ 1 q0 C a, -a ~ ~ ~ ~ rn 1 f `~.,i, . ~ ~ i- ~ W A `tea ~~ ^~o ~ _~~~ ,~ _ sT x ..+r. COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING 3738 Brambleton Ave. SW P.O. Box 29800 Roanoke, VA 24018 (703) 772-2068 FAX (703) 772-2030 For staff use only date rece'~~ : received by: k~ ~ applicatign~~e: PC/BZ` date: v ZJ I placards iss d: BOS date: • ~/ 2.G 9 Case Number:~~~, j~ Check type of application filed (check all that apply): ^ REZONING ®SPECIAL USE ^VARIANCE Applicant's name: DovG~/~SC. ~ .Da,eoT/ty S • Fo,e86s '- Phone: 3¢`1'"7~'~~ Address: /Q¢S~l~u,~TAir/ vow 'eD• Zip Code: z4 / ~ Vi~vTO,v 1~i9. Owner's name: 5~~~ Phone: Address: Zip Code: Location of property: ~ L~v v ~/ ~ Tax Map Number: S~, ~/_ 1 _ 2, Z, . dw . ~odv>fl~. / ~¢.S V„~~,~~ !/,•,~. Magisterial District: I;/ f NTe// Community Planning Area: ~I ~/TaN Size of parcel (s): 3.3I Z acres sq.ft. Existing Zoning: ~- I Existing Land Use: Si~~ ~A~i~y Proposed Zoning: Proposed Land Use: ~G~r<sso.+n y .9,~.g.~r~~-~" For staff use oily Use Type: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES NO IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? YES ~f NO IF N0, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being proffered with this request? YES NO X Variance of Section(s) N~I~- of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. ws v v Consultation / Application ~ Justification rvs v ~ 8 1 /2" x 11 " concept plan / :, Metes and bounds description '",. Water and sewer application ws v Application fee Proffers, if applicable Y Adjoining property owners /hereby certify that l am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. i '`y Owner's Signature: ROAHOZCE COUNTY UTILITY DEPARTMBNT APPLICATION FOR WATER OR SEWER SERVICE TO ~ PROPOSED DEVELOPMENT Date Name of Applicant ~~/~j Phone Address of Applicant Name of Developer Address of Developer Name of Design Engineer Address of Design Engineer Name of Contact Person Name of Proposed Development Type of Development and proposed number of units (Be specific) Location of proposed development (FURNISH COPY OF MAP AND PLANIMETRIC NUI~IDER) Size of proposed development in acres: ~ ~ Acres Give minimum and maximum elevation (Use USGS Elevations) at which the individual water/sewer service connections would be located: Minimum feet MSL. Maximum feet MSL Is this application for a development that will be a part or section of a larger future development? No Yes if yes, provide map of entire area if available. (OVER) Phone Phone •--~Signatu re of Applicant Foi Staff Use Only: Case Number Applicant [~~, yC.R J j ,JJo.P.oTXY S ~a~BES j The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the zoning ordinance. ~/~ iQ.BB ~t~Y.v,V ~ iU C~ To NO D J9 SIJ/AGG .~.aD ~Ti~u/ rte, o ue EX /S7 / Nf, MME 7'v/~,zoVfDC ~4 ~PJ4~.E F'o2 I'Ny E~Da.eGy Tv G/vS' iNDEPD-NDeNYb 9 j~vT J4 T 7Nc S/9 ~~ TJ ~r~ w%fEfa E rlEG.d W Jc.G $f ,eE.4D/G l ,4 d~}lG~i $GL . N~ 5 A.~ a J T/e N w ~u.. i .v ,dd wig y Gf~1AN~E T,,,aE ,dFiG.s~BdaiYec,D ~/o.e Tti' G` DvT c-vsi,eD f4PnFrA2.4/uG6' %~ D7H~T'e r/SAN ~' S~~GGE FA/N/GY 1~WlsrGGJ1`~G• Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Comprehensive Plan. 13,r Dc'Si4~, vo~FiGGl2~7~ian119.~D Gocf)Tie~/ T/yiS ~4.~~~Tia~ ~...~ic,c, ,~,tEEr .~gl.~ i2 ~ Q v i,sc •~E.vTS JPdG~r'/6~ !,u 3 ~ - ~Z-1 Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation, and fire/rescue. ~-/o,vE .At COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING 3738 8rambleton Ave. SW P.0. Box 29800 Roanoke, VA 24018 (703) 772-2068 FAX (703) 772-2030 For staff use on/v date re eivod: 2D received by: tli application ~OQ' ~ ~ PC/BZA ~ je J placards issued:/ BOS datgn l Z~ Q,3 VV Case Number: ~ ~ _ / ~ /~~ Check type of application filed (check all that apply): ~ REZONING ^ SPECIAL USE ^VARIANCE Applicant's name: Richard 4~1. SLoan Phone: 703-992-614 Address: P.O. Box 12327, Roanoke, Virginia Zip Code: 24024-232 Owner's name: ~ Phone: Address: Same ~ Zip Code: Location of property: Tax Map Number: ='.`,•27.06 -• ~ - !~~ 7887 Carvi ns Street, Pl. W. Intersection of Plantation Road and Magisterial District: .~0-(C t i~5 l~!aldron Drive, N.tl. Community Planning Area: :.~`~~Z~ ,`'~ f-;;~~_ Size of parcel (s): Existing Zoning: C-2 Conditional 2.066 acres Existing Land Use: Vacant sq.ft. Proposed Zoning: C-2 Condl tl0ndl For Staff Use On/y Proposed Land Use: Hotel /Restuarant use Type: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES X NO IF N0, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? YES X NO IF N0, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being proffered with this request? YES X NO Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: i t Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. ws v ws v ws v Consultation 8 1 /2" x 1 1 " concept plan Application fee Application '~~`- Metes and bounds description ~~ Proffers, if applicable Justification `M~ Water and sewer application Adjoining property owners l hereby certify that l am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent o~the owner. J ~~- Owner's Signature: ~ (~ q,r?,,~ f ^ v For StaN Use Only: Case Number Applicant Ri-chard l~!. SLoan The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the zoning ordinance. The rezoning is necessitated to reriove spe.ci:fi,c restrictions. and proffers not reoui_red by the current zoning regulations and ,modifi.cations based on the. proposed develop~ent., Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Comprehensive Plan. The subject property is currently zoned C-2 Conditional which•allows hotels and restuarants. The industrial commercial growth of the area will 6e enhanced by the location of this project located near the Hollins 81 exit and First Union Operations Center, ITT and Double Envelope.. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surroundine area, as well as the impacts on public services and facilities, including ~rvater/sewer, roads, schools, parks/recreation, and fire/rescue. The project will have little impact on the property or adjoining property or the surrounding area which is a mix of industrial commercial and rural residential. Public services and facilities including water and sewer will have minimal impact or increased usage. here will be no increase impact on schools or parks. Traffic congestion will be inimal due to this development. VIRGINIA: BEFORE THE BOARD OF SUPERVISORS OF ROANOKE COUNTY IN RE: Rezoning of 2.066 Acres ) At 7887 Carvins Street, NW ) from C-2 Conditional, to )PROFFER OF C-2 Conditional )CONDITIONS The Petitioner, Richard W. Sloan, hereby voluntarily proffers to the Board of Supervisors of Roanoke county, Virginia the following conditions to the zoning request herein above set forth: 1). There shall be no street entrances from the property onto Carvins Street except as required by State or local governmental ordinances and codes. These proffers are submitted on the condition that the property is rezoned as indicated; subject to the approval of the Board of Supervisors and the sale of the property to Richard W. Sloan. AGENT FOR PETITIONER: ~ ~ ~-~ D. Je fry P rkhi , AIA Hughes Associates Architects Signatures of the current property owner will be submitted prior to the Board of Supervisors Meeting. ROABOICE COUNTY UTILITY DEPARTMRNT APPLICATION FOR WATER OR SEWER SERVICE TO PROPOSED DEVELOPMENT Date 17 August 1993 Name of Applicant Richard td. Sloan Phone 703-992-6148 Address of Applicant P•0. Box 12327, Roanoke, Virginia 24024-2327 Name of Developer Same as Above Address of Developer Phone Name of Design Engineer Hughes Associates Phone 703-342-4002 rc ~ ec s Address of -Design Engineer p.0. Box 1034, Roanoke, Virginia 24005 ~1r. D. Jeffry Parkhill -Hughes Associates~Architects Nar.~ee of Contact Person ~1r. Richard 4~1. Sloan - Owner Name of Proposed Development Country Kitchen Inn and Restaurant Type of Development and proposed number of units (Be specific) F~otel 50 unit 2 story with attached office and indoor pool. Family style restuarant seating capicity 200 plus or minus. Location of proposed development (FURNISH COPY OF MAP AND PLANIMETRIC NUMBER): 7887 Carvi ns Street, P~.6!. Tax ~1ap 27.06 Size of proposed development in acres: 2.066 Acres Give minimum and maximum elevation (Use USGS Elevations) at which the individual water/sewer service connections would be located: Minimum 1127 Sewer feet MSL. Maximum 1130 waterfeet MSL Is this application for a development that will be a part or section of a larger future development? ~_ No Yes If yes, provide map of entire area if available. (wEa) .. Signatur Applicant Agent for the Petitioner >z-poi,=° ~ - r~ -.-' •,;_. 11 ,,~ ~~ ~ `~ ~ ~ 1. t,~ 7.'~/ a !~ _ _ ~~.~ ~ t : _ O ~ t ~ '_ ~ \_ `Y _,\ ~~ 1 ~-~ . - ~~ ~~ ~~ 'f ° it ~~ :~ ~ - ~~' ~y \`= .~~r1 ~ ~ >. - ~•~~ ~~ ~ ~ ~ \ c r _ ~S 1 ~ T'9f1 s l ~ e' ~ > r - ~~ +~~} -fir ~~ y~_,,~,-, A4 - •~. 1;~. _"tr ~ ~ ~' ;:C' t•'. ~ ~: `~ .~ ~', ~ Wit. af`~ s'Ar r'""' ~ \ *.» - ... T ~Y t~~ .Y. `~ t -a ~y ..s0 i (s ,~ ter ~~ t ~ ~~ ~ "~ ` .~... j~ ~ ~ - J - ,• f ~O „_.O; \ ,.F .-tea } ~ ~ . - , ~ ~- -~ ..~- ~ - ~ ` ~/ I • ~ - ~ L \ - `~ s `~ ~ DSO/ ~`- 1 ___ f` - ~_. ._ _ ` d ~. -~ • ~-- _ ~ o ,,~ -.~ _ - _ _. -\n\ _ ~- %I , ~ \ ~ _ t ~ - ~ ~ I - ~ - \\ .. / :y~ ~ >>. 1 - •3NV'1 dIHSOtd~312id - ({ ~ i // o , ~ , , `~ ~, ' ( ~' ..,E / -qy. Ch~e k type of application filed (check all that apply): LI~J REZONING ^ SPECIAL USE ^ VARIANCE Applicant's name: I'Zoa.+~loKE CpUNTy t~L~a~IrJ~n14 ~MM~SSior~ Phone: '77.2-2P~fo°o Address: ~D~~-~~ -2~~~0, +Z.O~.~IOK.E', j/A Zip Code:2~D(~ Owner's name: A-Jt7~.EW F ~ MA21/~- 1~. -tf~0174~ Phone: ~~Q' 3930, Address: ~j37~- wE~~7 MAtr\j ST ~ S~LEN(~ V"~. Zip Code:2~jc~3 Location of property: Tax Map Number: (o ~}-~ p ~ - 3 _ 2 (o Magisterial District: C,4-'7-A-ntgA Community Planning Area: (,r'LEnlV`,42. Size of parcel (s): Lz acres sq.ft. Existing Zoning: C2 Existing Land Use: 5~~.14i~- FaMit_y RESip~tGE Proposed Zoning: ~ ~ Proposed Land Use: S1r.~G, ~...E 1',o,Mtr y j~c~f~~-~~~ ........................... For staff use on/y Use Type: .. Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES X NO IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? YES x NO IF N0, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being proffered with this request? YES NO ~_ Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: IJ~A COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING 3738 Brambleton Ave. SW P.0. Box 29800 Roanoke, VA 24018 (703) 772-2068 FAX (703) 772-2030 For staff use only date received: received by: application fe~ Q PC/BZA date: placards issued: BOS date: Case Number: Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. ws v Consultation Application Justification ivs v +~a 8 1 /2" x 11 " concept plan ~~ Metes and bounds description ~ja ". Water and sewer application ws v N P Application fee ~ <:;~ Proffers, if applicable Adjoining property owners l hereby certify that l am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. Owner's Signature: ACTION NO. ITEM NUMBER ~"` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1993 AGENDA ITEM: Ordinance Authorizing the Conveyance of a Temporary Grading and Construction Easement to the Commonwealth of Virginia in Association with the Construction of the New Forensic Lab and to Accept a Water Line Easement and Sewer Line Easement from the Commonwealth of Virginia. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is the first reading of the proposed ordinance authorizing the donation of a temporary grading and construction easement to the Commonwealth of Virginia at the Forensic Lab construction site and to accept water and sewer line easements from the Commonwealth of Virginia as necessary to allow the construction activity to proceed at the Forensic Lab property. In addition to these actions requested by the Board of Supervisors, a separate report has been issued to the County of Roanoke School Board requesting a drainage easement and a temporary grading easement from the School property adjacent to the athletic fields currently in construction. A letter has been sent to the appropriate parties advising the status of these requests so that the construction plans may be approved thus allowing construction to begin as quickly as possible. BACKGROUND: The County of Roanoke has previously conveyed to the Commonwealth of Virginia a parcel of land between the County's Public Safety Center and the School properties for Northside High School for the construction of a new forensic laboratory by the Commonwealth of Virginia. A 15' drainage easement (A.) extending along the common property line between the Commonwealth of Virginia and the County of Roanoke School Board which runs perpendicular to Northside High School Road to the rear of the property is necessary to handle drainage coming from the athletic fields, from across Northside High School Road, and various areas outside of the paved parking facility associated with the forensic lab property. This drainage easement will be maintained by the County of Roanoke's N-I Department of Parks and Recreation in association with the athletic fields currently being constructed on School Board property. The request for this drainage easement in association with this project has been made to the County of Roanoke School Board. A 7.5' temporary construction easement (B.) has also been requested along the same common boundary identified above to allow grading for said new facility. This request has also been forwarded to the County of Roanoke School Board for its approval. The County of Roanoke is seeking a 10' water line easement (C.) for the extension of the water line across the front of the Commonwealth of Virginia property which will connect to the meter located on the School Board property. This easement will be 10' wide located adjacent to the property line/road right of way. The Commonwealth of Virginia also needs to donate a new 15' wide sewer line easement (D.). The center line shall be located at the newly installed manhole and extend from the point approximately 105' west of the Northside High School Road running parallel to said road to a point 270' east of said location, turning southwest for approximately 225', then turning an easterly direction approximately 23' to the property line. The Commonwealth of Virginia will also need to abandon all existing easements across said property, particularly as it relates to the relocation of the sewer line. The County of Roanoke will need to convey to the Commonwealth of Virginia a grading and construction easement (E.) to allow the removal of the existing surface-treated parking lot between the Public Safety Building and the new forensic lab site (upper parking lot) so that a new and expanded parking area may be developed by the State at the same profile (elevation) and to become a contiguous part of the parking facility across the front of the forensic property. The Commonwealth of Virginia will also develop an entrance into this parking area for use by the general public (County and State). FISCAL IMPACT• Consideration for the proposed easement is the sum of $1.00. ALTERNATIVES: 1. Adopt the proposed ordinance authorizing the County Administrator to execute the necessary documents for the donation and acceptance of easements as described in this report by and between the County of Roanoke and the Commonwealth of Virginia. 2. Decline to authorize donation or acceptance of the aforementioned easements. STAFF RECOMMENDATION: -i Staff recommends that the Board of Supervisors adopted the proposed ordinance as provided in Alternative #1 and to conduct the second reading of said ordinance at the regular meeting of the Board of Supervisors on October 12, 1993. Respectfully submitted, Appr ved by, a ohn M. Chamblis Jr. Elmer C. Hodge Assistant County Administrator County Administrator Approved ( ) Denied ( ) Received ( ) Referred ( ) To ACTION Motion by: VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens cc: Paul Mahoney, County Attorney Steve Sigel, Forensic Lab Don Myers, Assistant County Administrator Pete Haislip, Parks and Recreation Attached Map x ~~, d ~° _~e ~ •~ - --_. _ ~5~ ~~ ~ a~ ~ r } i • r • ~. ~ r r ~ ~~_ y°a = 1 i alt ~.'§§ gR ~~ a ~e~~=~ 94~ ~ a °"~~ 1~ ~ i y~ ~~ ~RO a~ =; ~ ~ 9 ~°~= 6 ~y~~a gg~ y~q~ ~ } z~~Q a~ ~~~ ~~ ~r~ ~p ~~ ~ ~g~g~x~ E~A~~:~ 8a~~~~~ ~~ ~ C~4 b~ f's ~R ~yY a ~ ~ A°~,p~a ~~~.~~e ~~~~a s i°fy~ Ci 2 ~ E ~ `)6 dk ° ,6 ~ ~ 9 bi ~~ ;ea ~~ a~~ ~~ ~ ~ ~ ~~ ~ g Ap ~~~~ s ~~FS=~ ~~ ' °~ ~ ° Y 4 ~ ~ t; S ^va p O~a~ ~ ~ 55_a ~_s ^ ~ ~ ~ y • ~ ~~ -~ ~ ~~ 1 ~ ~ s; ~ ~ ~ ~ '~ ~ i ( i f E n ~ N F .°; UTILtI•t LoCATtoN R a,i DIVISION OF FORENSIC SCIENCE WESTERN LABORATORY/ ~ DSV'1$ aN ~ , MEDICAL EXAMMERS FACILITY "'" ~~ ^"""''^"~"' W wanwr~ COME, YIItlM~ II pW r~ I Irl r-~ • r N-/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 ORDINANCE AIITHORIZING THE CONVEYANCE OF A TEMPORARY GRADING AND CONSTRIICTION EASEMENT TO THE COMMONWEALTH OF VIRGINIA IN ASSOCIATION WITH THE CONSTRIICTION OF THE NEW FORENSIC LAB AND TO ACCEPT A WATER LINE EASEMENT AND SEWER LINE EASEMENT FROM THE COMMONWEALTH OF VIRGINIA. WHEREAS, the acquisition and conveyance of several easements is required between the Board of Supervisors of Roanoke County, the Roanoke County School Board, and the Commonwealth of Virginia, in connection with construction on the site of the state Forensic Laboratory; and, WHEREAS, it is necessary for the County of Roanoke to acquire from the Commonwealth of Virginia a 10' water line easement and a 15' sanitary sewer line easement; and, WHEREAS, it is necessary for the Commonwealth of Virginia to acquire from the County of Roanoke a temporary grading and construction easement in order to develop a new and expanded parking facility, to be used by the State, the County, and the general public; and, WHEREAS, the proposed easements will serve the interests of the public and are necessary for the public health, safety, and welfare of citizens of the County of Roanoke. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of ~-i this ordinance was held on September 28, 1993; and a second reading was held on October 12, 1993. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to the Commonwealth of Virginia for construction of a public parking facility. 3. That donation of a temporary grading and construction easement on the parking area lying between the Northside High School property and the Public Safety Center property, adjoining the forensic laboratory site, for reconstruction of a public parking area, to the Commonwealth of Virginia is hereby authorized. 4. That the acquisition and acceptance of a new 10' water line easement and a new 15' sanitary sewer easement from the Commonwealth of Virginia is hereby authorized and approved. 5. That the easements to be conveyed and acquired involve donations and appropriation of funds is not required. 6. That the County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish these conveyances and acquisitions, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. e --~- J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 ORDINANCE 92893-8 AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR ELECTRIC SERVICE ACROSS PROPERTY ON FIVE OARS ROAD OWNED BY THE BOARD OF SUPERVISORS WHEREAS, on June 23, 1993, the Board of Supervisors acquired a tract of land consisting of 13.744 acres, more or less, located at 7826 Five Oaks Road in the County of Roanoke, Virginia, for the purpose of installing a series of wells to increase water supply and improve the County water system; and, WHEREAS, Appalachian Power Company (APCO) requires certain rights of way and easements across a section or sections of said property to provide electric service for the water system, and has specifically requested donation of an easement, forty feet (40') in width, running in an easterly direction from U. S. Route 221 through the approximate center of said property, as shown on APCO Drawing No. R-3006, dated August 19, 1993, to serve the public wells; and, WHEREAS, the proposed right of way, and certain future easements which may be required across the property to provide electric service for the County water system, will serve the interests of the public and are necessary for the public health, safety, and welfare of citizens of the County of Roanoke. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on September 14, 1993; and a second reading was held on September 28, 1993. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company for the provision of electrical service in connection with the County water system. 3. That donation of a right-of-way, forty feet (40') in width, running in an easterly direction from U. S. Route 221 through the approximate center of the County property located at 7826 Five Oaks Road, to Appalachian Power Company is hereby authorized. 4. That donation of certain future rights-of-way and easements to Appalachian Power Company which may be necessary upon or across the County property located at 7826 Five Oaks Road for the provision of electric service to serve the County water system is hereby authorized, upon review and recommendation by the Director of the Roanoke County Department of Utilities, and upon concurrence of the Board of Supervisors by resolution. 5. That the County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. 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 A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Cliff Craig, Director, Utilities Paul Mahoney, County Attorney ACTION # ITEM NUMBER ~'"` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1993 AGENDA ITEM: Second Reading of an Ordinance Granting Appalachian Power Company Rights of Way and Easements within Roanoke County Property located on Five Oaks Road COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: This is the second reading of the proposed ordinance to grant Appalachian Power Company rights of way and easements within Roanoke County property to serve the County Water System. BACKGROUND• On August 23, 1993 Appalachian Power Company requested authorization from Roanoke County to commence construction of a line to serve Roanoke County wells located at 7826 Five Oaks Road situated in the Windsor Hills District. SUMMARY OF INFORMATION: The purpose of this agreement is to grant and convey to Appalachian Power Company rights of way and easements with the right to construct, erect, install, operate, maintain, renew and remove or add a line or lines for the purpose of transmitting electric power overhead including electric service lines and extensions through the property of Roanoke County to serve the County water system at 7826 Five Oaks Road. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors adopt the Ordinance after the second reading granting Appalachian Power Company the rights of way and easements within the County property at the site of 7826 Five Oaks Road for the sum of $1.00. The first reading of the Ordinance was held on September 14, 1993. `SUBMITTED BY: ~ ~ Clifford C g P.E. Utility Direc or APPROVED: ~"`~ .~ ~ - Elmer C. Hodge County Administrator Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens 7-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 ORDINANCE AOTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR ELECTRIC SERVICE ACROSS PROPERTY ON FIVE OARS ROAD OWNED BY THE BOARD OF SUPERVISORS WHEREAS, on June 23, 1993, the Board of Supervisors acquired a tract of land consisting of 13.744 acres, more or less, located at 7826 Five Oaks Road in the County of Roanoke, Virginia, for the purpose of installing a series of wells to increase water supply and improve the County water system; and, WHEREAS, Appalachian Power Company (APCO) requires certain rights of way and easements across a section or sections of said property to provide electric service for the water system, and has specifically requested donation of an easement, forty feet (40') in width, running in an easterly direction from U.S. Route 221 through the approximate center of said property, as shown on APCO Drawing No. R-3006, dated August 19, 1993, to serve the public wells; and, WHEREAS, the proposed right of way, and certain future easements which may be required across the property to provide electric service for the County water system, will serve the interests of the public and are necessary for the public health, safety, and welfare of citizens of the County of Roanoke. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on September 14, 1993; and a second reading ~~ was held on September 28, 1993. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company for the provision of electrical service in connection with the County water system. 3. That donation of a right-of-way, forty feet (40') in width, running in an easterly direction from U.S. Route 221 through the approximate center of the County property located at 7826 Five Oaks Road, to Appalachian Power Company is hereby authorized. 4. That donation of certain future rights-of-way and easements to Appalachian Power Company which may be necessary upon or across the County property located at 7826 Five Oaks Road for the provision of electric service to serve the County water system is hereby authorized, upon review and recommendation by the Director of the Roanoke County Department of Utilities, and upon concurrence of the Board of Supervisors by resolution. 5. That the County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. .-~ _ ,.~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 ORDINANCE 92893-9 AMENDING AND REENACTING ARTICLE IV, SEWER IISE STANDARDS, OF CHAPTER 18 OF THE ROANORE COIINTY CODE OF 1985 (formerly, Article III, of Chapter 16 of the Roanoke County Code of 1971). WHEREAS, the 1972 Sewage Treatment Agreement entered into by and between, and still binding upon, Roanoke City and the County of Roanoke requires the County to adopt such ordinances and regulations as necessary to conform to those adopted by the City of Roanoke as they pertain to Sewer Use Standards; and WHEREAS, by Ordinance # 62486-146, § 1, adopted on June 24, 1986, Chapter 16 of the Roanoke County Code of 1971 was amended to add an Article III relative to sewer use standards and by Ordinance # 91289- 14, adopted on September 12, 1989, said Article was further amended; and WHEREAS, recent regulatory requirements enacted by the State Water Control Board and the U. S. Environmental Protection Agency have necessitated changes by the City of Roanoke to its Sewer Use Standards; and WHEREAS, the operative requirements of the current Sewage Treatment Agreement between Roanoke City and the County of Roanoke requires amendment of the County's ordinances to bring them into conformity with the current Roanoke City Sewer Use Standards; and WHEREAS, the first reading of this ordinance was held on September 14, 1993, and the second reading of this ordinance was held on September 28, 1993. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 1. That the amended "SEWER USE STANDARDS" be reenacted as "ARTICLE IV. SEWER USE STANDARDS" of CHAPTER 18 of the Roanoke County Code of 1985. CHAPTER 18 ARTICLE IV. SEWER USE STANDARDS Sec. 18-151 Definitions. For the purpose of this article, the words and phrases set out in this section shall have the following meanings: Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 U.S.C. 1251, et seq., as amended. BOD (biochemical otygen demand) means the quantity of oxygen by weight, expressed in mg/1, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five (5) days at a temperature of twenty (20) degrees centigrade. Building sewer means the extension from the building drain to the public 2 i wastewater treatment facilities, processes or transmission lines. Capital costs may be adjusted from time to time to reflect cost experience. Categorical standards means National Categorical Pretreatment Standards or Pretreatment Standard. Class I user means any person discharging normal domestic wastewater into a sanitary sewer and any industrial user discharging Group B wastewater into the sanitary sewer. Class II user means any person discharging Group A wastewater into a sanitary sewer. COD (chemical oygen demand) means the measure, expressed in mg/1, of the oxygen consuming capacity of inorganic and organic matter present in water or wastewater, expressing the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand. COD-BOD ratio means the ratio of the value of COD to BOD as these values are defined above. COD (soluble) means the COD of the filtrate from wastewater that is 3 t discharges in the public sewer. Control point means a point of access to a course of discharge before the discharge mixes with other discharges in the public sewer. Count' means Roanoke County. Discharge means any introduction of substances into the sanitary sewer. Garbage means animal and vegetable wastes and residue from the preparation, cooking and dispensing of food, and from the handling, processing, storage and sale of food products and produce. GroupAwastewatermeans wastewater discharged into the sanitary sewers in which any one of the parameters below are more than the given loading: Average Parameter Total suspended solids (TSS) Biochemical oxygen demand (BOD) Total phosphorus (TP) Total Kjeldahl nitrogen (TKN) Monthly 62.5 lbs./day 62.5 lbs./day 3.75 lbs./day 4.50 lbs./day Daily Composite 75 lbs./day 75 lbs./day 4.5 lbs./day 5.4 lbs./day Group B wastewater means the discharge of permitted industrial 4 Incompatible waste means a waste which is not susceptible to adequate treatment by the wastewater treatment plant. .::::::::::.... I ustnal user means an user ~i<::>~~s~ha ::: ~~:~€``~ta~i~~i~~:~ :;• :.:::....::.::....:..: .::...::.,.....::::.... y ........ :. ~::.:: ~ J:;.;;:.;: ~:.:;.;;;;;;;;,; ;;;;.;:;;.;:.;:.:;.: ~:;;;;;; :~~€;.;..;pa 1 ~~az~t Industrial waste means waste resulting from any process of industry, manufacturing, trade or business from the development of any natural resource, or any mixture of the waste with water or normal wastewater, or distinct from normal wastewater. Infiltration means water entering a sewer system, including service connections from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is distinguished from inflow. Inflow means water discharged into a sewer system, including service connections, from such sources as, but not limited to, roof leaders, 5 cellar, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface runoff, street wash waters, or drainage. It does not include, and is distinguished from infiltration. Interference means a discharge which, alone or in conjunction with a discharge or discharges from other sources, (1) inhibits or disrupts the plant, its treatment processes or operations, or its sludge processes, use or disposal; or (2) causes a violation of the plant's VPDES permit. Milligrams per liter (mg/1) means the same as parts per million and is a weight-to-volume ratio; the milligram-per liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water. National categorical pretreatment standard or pretreatment standard means any regulations containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) and 40 C.F.R. Subchapter N (Parts 401-471) as amended, which applies to a specific category of industrial users. Natural outlet means any outlet into a watercourse, ditch, lake or other body of surface water or ground water. 6 in which the average concentration of total suspended solids and BOD is not more than 250 mg/1, total phosphorus is not more than 15 mg/1, total Kjeldahl nitrogen is not more than 18 mg/1 and total flow is not more than 25,000 gallons per day. Overload means the imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity. Pass through means a discharge which exits the plant into water of the United States in quantities which may cause a violation of the plant's 8 VPDES permit. Person includes individual, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership association and any other legal entity. pH means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in grams per liter. Phosphorus (total) means the sum of the various types of phosphate expressed as elemental phosphorus found in wastewater. The various forms include ortho phosphate, condensed phosphates (gyro, meta, and poly-phosphates), and organically bound phosphates. The concentration of total phosphate is determined by the "Standard Methods" test procedure. Plant means the City of Roanoke Regional Sewage Treatment Plant, e~ ::Y::~::fK::i~:::~T::f%::::::iik~GR~#~ii.:.::'::;..y;:.:;.:.:: - ~j +~ y~~,}~. .y y+~ }~;~y{~ .> :;j::::.::.:: :.:>::.>:~~.: :..:.: ~ ::: .:::: ~ ::::::::::::::::::::::::::::. ~. ~::. ~::::::::::::::::::::... ~:::::: a1`:~.rii~.;:k;>: .::;:::5::;!~,1,.;lY:i:i~::::::~~S~F:' r~nT:i~~jj::::::7Pf:~!/:ii:~~i.: :::::::Sr~..::....... .. .. . ::::::::::::.:..........................................::::::::::::.P....:::::::::::::::.:::.. lx' .............::...............:.::::::::::. ~:::::::::::::::::::::::..................................::::::: ~?~~~:~~;~jrat: :.:::::::::::::::::.:::.:~::::::::::::.::.~::........................~;::::::.:::::::::::::.::::::::::::::::.::::::...........................,~:~.::::..:~:.:::~::y:..:~:.:~:~....~~~ ~:.:::~..~:~.~:::::t.~:~:~ ..::::::::.:::.~:::::::::::::::::...............................................::.:::::.~::::::::::::::::.~:....................................:...::::::::::.~::.~:::::::::::::::::................................ ~:::t':~.:::~.: ~~~n~ :;;:<.:~::::.::.::»;~<;;~~. ~:_~,.;e~:~;~~ -.... ~~~s~a ~ t~~atza?~r~~:: >::>.::~~:~ ~~.n :..ar~~..:..~~ .: ~:..... . .....::..~ ...............:.::.::.~:::::::::::::::::::::.~::::::::::.................................::::::: ~'.:.:~:::::::::::::::.:.......................r.....:.:::::::::.~:.:::::::::::::~.f..........................:~.~..~.ma~:.~n 9 <::~ewa.:e€:<:~ ~::>:>.::..::t~: ~tr~:a:~«:»was:: s> :::.:::::::::.:::>:>::::.::, ,: <: >~ <:>:~:: ~ ::< :: ;....,:::::::.::>::~ ~~~ ~~: ~;::>~;: ~::~:•:: ~: ~:::;~:::~;~ :::::.::::::::::::::::::::..........~:....~~....~:.....................................t~....:::o~::::~.:::3:~.. u:~d.:::n~'~:~~`~.:::~~d.:::a:~..:::::~t~~~:~.:~r~.c...~s ~ho~t::>:~ ve:. <:<::wa:stewater>:t~x::>:a<::t ea~~ent:«::~:ari: ~:: Public sewer means pipe or conduit carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the County. Sanitary sewer means a public sewer that conveys domestic wastewater or Significant Industrial User means: (1) A user subject to categorical pretreatment standards; or (2) A user that: (a) Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, non-contact cooling, and boiler blowdown wastewater); (b) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW; or (c) Is designated as such by the control authority on the basis that it has a reasonable potential for adversely affecting the 10 POTW's operation or .for violating any pretreatment standard or requirement. (3) Upon a finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 4 0 CFR 4 0 3 .8 (f) (6) , determine that such user should not be considered a significant industrial user. :::::::9` :::.:::::::::::::::::::::.::::::::::::......:........................:.....:.:.::::::::::::.::::::: ~.~.::.~:::::::: ~:::::::.a:........~...............~~~..2.::::u~~~:.:::::~:~.:::: ~. ....~......... ~~an~.::::~~~::.: ~~~..2:~:.a~:~~::;::;::~:»:<:>~:~:s:<.::::~.:c~~:~~:~:.an.;:.;:me:e~s.;::.;ane::~:. .::::: .::.:....:::.::.... :.... amp.; .~a~.l.x~an~.;:.;~am~~r.:~:: ....~?.:::.~ :::::::::::::::::::::.~...............................:..::::::::::::::::::::::..... ~......................1. ................... ::::::::.::::::.::::::.:::::.:: ««:: ;:.;::::: . Etta. m~m<><';~r<>~° .~r...:::.::~~»:~ct:;:::.:~~e ,:~ ...:::::.:. ;.:.::.::..:: < .::.:.:.:. . ...<.:..:. <:«.:< . , ,.::.::.:::.::...::: :.:.:::::::::::::::::::::.~::::::::::::::::::::::::::::.~~:.:.:.:::.~~::::::::::.~:::::::::::::::x.:::::~..::::::~~at~::::~h~:::::~r~n~rt~ .::::.au~~~rs~:.: ii which, in concentration of any given constituent or in quantity of flow, exceeds, for any period longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation. 12 Standard Industrial Classification (SIC) means classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office r.......5 d.....~.. ~r_r2 i. i. ~ n^s~ of t-~~~~~~T-=-ee-e-f--~~~age~ten-~--ane~-B~e~g~ , Standard Methods means the examination and analytical procedures set forth in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater" as prepared, approved and published jointly by the American Public Health Association, the American Water Works Association and ~e-~Fa~er n ,}; ~ ~T~:: ;:ter::>«:::::.:;v ::.::.<~r~ .;:,.:::,:.:> ~~.;~ `:~ ??~srY ~e~=e~-- E-e~r~i~e~- ~ed~~at-i-e ..:.::: .:::::::::::~a~:::: ~.:~.:::::: ~.::::.~:~'.:::::::.>.: ~.::::::: ~..:::::::.~:: Storm sewer means a public sewer which carries storm and surface water and drainage and into which domestic wastewater or industrial wastes are not intentionally passed. Storm water means rainfall or any other forms of precipitation. Suspended solids means solids measured in mg/1 that either float on the surface of, or are in suspension in, water, wastewater or other liquids, and which are largely removable by a laboratory filtration device. To discharge includes to deposit, conduct, drain, emit, throw, run, allow to seep or otherwise release or dispose of, or to allow, permit or suffer any of these acts or omissions. Total Kjeldahl nitrogen means the combined ammonia and organic nitrogen in a given wastewater, as measured by the "Standard Methods" test procedure. It does not include nitrite and nitrate nitrogen. Trap means a device designed to skim, settle or otherwise remove grease, oil, sand, flammable wastes or other harmful substances. 13 Unpolluted wastewater means water containing: (1) No fee or emulsified grease or oil. (2) No acids or alkalis. (3) No phenols or other substances producing taste or odor in receiving water. (4) No toxic or poisonous substances in suspension, colloidal state or solution. (5) No noxious or otherwise obnoxious or odorous gases. (6) Not more than ten (10) mg/1 each of suspended solids and BOD. (7) Color not exceeding fifty (50) units, as measured by the Platinum-Cobalt method of determination, as specified in "Standard Methods :.::..:.;~~~;::::;:;;.~~~..~~~, Yid.~1~.C~~E:;>;;;:.;;;~::>::>::::::>#!~~`:;;;;>;:.;;~i~.1t User charge means the charge made to those persons who discharge normal wastewater into the County's sewage system. This charge shall include a proportionate share of any capital improvements to the system (capital costs). User surcharge means the charge made, in excess of the user charge, for all wastewater over and above the loading defined as normal wastewater. 14 Waste means rejected, unutilized or superfluous substances, in liquid, gaseous or solid form, resulting from domestic, agricultural or industrial activities. Wastewater means a combination of the water-carried waste from residences, business buildings, institutions and industrial establishments, together with any ground, surface and storm water that may be present. Wastewater facilities includes all facilities for collection, pumping, treating and disposing of wastewater and industrial wastes. Wastewater service charge means the charge on all users of the public sewer whose wastes are treated at the plant and is the appropriate sum of the user charge and user surcharge. Wastewater treatment plant means any municipal-owned facilities, devices and structures used for receiving, processing and treating wastewater, industrial waste and sludges from the sanitary sewers. Wastecourse means a natural or man-made channel in which a flow of water occurs, either continuously or intermittently. Sec. 18-152. General Requirements. or its successor in authority, 3~z~~~'! are hereby incorporated by reference where applicable and where such standards are more stringent 15 than those set forth in this article. (b) No significant industrial user or other user as determined by the i'~`t~'l authority shall discharge industrial wastewaters into the sanitary sewer system without an appropriate industrial waste discharge permit as provided in this article. (c) Unless exception is granted by the a~~s~-i~q authority or by other provisions of this chapter, the public sewer system shall be used by all persons discharging wastewater, industrial waste, polluted liquids or unpolluted waters or liquids. (d) Unless authorized by the State Water Control Board or its successor in authority, no person shall deposit or discharge any waste included in subsection (c) of this section on public or private property in or adjacent to any natural outlet, watercourse, storm sewer or other area within the jurisdiction of the County. (e) The a~~g control authority shall determine, prior to discharge, that wastes to be discharged will receive such treatment as is required by the laws, regulations, ordinances, rules and orders of federal, state and local authorities, or such discharge shall not be permitted. (f) Each industrial user discharging industrial waste waters into the sanitary sewer system shall provide protection from accidental discharge of prohibited materials or other substances regulated by this 16 :::::::::::::::~:~,~:~.:::::::~.::.:~~~~?r~~:::.::~u~~r.~.t..:::::~~.::::.~~~:~.~.c~ .::::.suc~t:::.:a.:::: .Ia~::::.~:or::::.an:.. T:ii~~' "•:?'•i:•i:•::•i:~::, ., ...::~:: .... :::.... :..:. !.::;:;;:; ~.:.::: '.:..: ' ::::...:.~' :::: :+ :.:y~.:7..::::::::.r'.~ ...:: ~ ~> :: ..:..>:.:i:...:.:: ~:y~:::::::,~r:. ''+J:::: ~:::::::::.:.: .:::: ~A. ::.:+::i?::% .:::':i:Y::'tl~ ~:::::::::: :~;:::o>»>;*rr: r::::~.Y...~~~~.Ci;.~:::: .~~~~[3t~. .Ci. (/rr: J,1..1.A;.. :::::4eQ~~~~~:.;::: .:~Gi.i.i..:::.i7 [~Fi.~.~::::.~d~~.C'iw~.~: :::::. ~:::.:Gi~ ::.:::::: ::>..fi .......:::::.. .......::........................... .....:.:.:::::::::::44:::::::::::::.::::::::::::::::::::::::::.:: y:.....~............ .; :.:::.::.:.:;;>esx:~.: :~~::::::<~..~:. d~.~:~~i,a~.. ~.::::::r.a~::~:~,:ce~> ;.::.::.;n~Y,ud~. ::::: .. :.:::.: t: e:.:»>~ra.: ~ .....~ ............:......:...........~?.................:.....::..~.~::::::::::::::::::::::::...............................................~.............................:.. ~..:::::~:Q~.:..~'t~~.....~~................'~.... >::.~:. ........:.:..::~.t~G~#~'t~~'~~::::::::~~')::::>::: ~'~>:Xt~~'t~>::»:a{~~CG~:s~:<:>::~z]i~ fl~~.:::.~:~i~'#'~.:.;;;a11..::;;:.. ..:. •..::::...::..:~ ... ..~.:::.:~ .:..:....................................................:..:..::.:::::::::::::::::::::::::::::::::::::::::::::::::::::...:..................................................::.: a~~~.c~:en~.a.:::: o:~....s.lu. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the api ng ~s a uthori t y ::>::>::: reviewr and shall be a~pro~r~d.. b:> :<the ~ ~~ c©ntrr~l before construction of the facility. X11 =»~h evict ~~ ~...._., _..y s i~-__ ~o::.r~-ewe-s~teh-~p~a~~~T~g-G, No such user who commences operation after the effective date of this section shall be permitted to introduce pollutants into the system until accidental discharge procedures have been so approved. Review and approval of such plans and 17 ~~~:. ~:::<;:<;:~.::a~:::>:::;ma;: >;:::«::cau~:e::>:::: r..blem~>::>::»~~c~ud::.:: ::>::>::.:>::::>:::.::. ;~.:; ::::::::~ ::::::::.::.:::.::::.::.::.::.:::.:::.:::.:::::::::::::::::::::.::::::::::::Q.:::::::::::::::::::::.::.:::::::::::::.~.~:::: ~.~~.;:.;:;~.;:.;::~.l~t..:.: the user sha 11 submit to the ae~i-~ aro! authority a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the sewer system or treatment plant, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. (g) In the event of an emergency, as determined by the a~s~e~i-erg rt` authority, the ~i~g i€~`€~r authority shall be authorized 18 to immediately halt any actual or threatened discharge. (h) A person discharging in violation of the provisions of this article, within thirty (30) days of the date of such discharge, shall *sample, analyze and submit the data to the ais~-n~ authority ~e~e~re~pp~eF~t~~--e~ee~s-~e~e~€e~~-s a~~ ~, Sec. 18-153. Prohibited Discharges Generally. (a) No person shall discharge into public sewers any waste which, by itself or by interaction with other wastes, may: (1) Injure or interfere with wastewater treatment processes or facilities; (2) Constitute a hazard to humans or animals; or (3) Create a hazard in receiving waters of the wastewater treatment plant effluent. (4) Generate heat in amounts which will inhibit biological activity in the plant resulting in interference, and in no case heat in such quantities that the temperature at the plant exceeds forty (40) degrees Celsius (one hundred four (104) degrees Fahrenheit) unless the approving authority approves alternate temperature limits. (b) Discharges into public sewers shall not contain: (1) Antifreeze. (2) Fluoride other than that contained in the public water supply greater than 10.0 mg/1. (3) Benzene, Toluene, Ethylbenzene and Xylene (BTEX) greater than 5.0 mg/1. 19 20 producing substances that have not been minimized. After treatment of the composite wastewater, effluent concentration limits may not exceed the requirements established by state, federal or other agencies with jurisdiction over discharges to receiving waters. (12) Antimony and beryllium greater than 1.0 mg/1. Sec. 18-154. Technical based local limits. (a) Discharges shall not contain concentrations of heavy metals greater than amounts specified in subsection (b) of this section. (b) The maximum allowable concentrations of heavy metals and toxic materials stated in terms of milligrams per liter (mg/1), determined on the basis of individual sampling in accordance with "Standard Methods" 21 are: (1) Arsenic: .25 mg/1 (2) Barium: 5.0 mg/1 (3) Boron: 1.0 mg/1 (4) Cadmium: 0.02 mg/1 (5) Chromium, Total: 2.0 mg/1 (6) Chromium VI: .011 mg/L. (7) Copper: 1.0 mg/1 (8 ) Lead : ~ F~€»!~' (9) Manganese: 1.0 mg/1 (10) Mercury: 0.005 mg/1 (il) Nickel: 2.0 mg/1 (12) Selenium: 0.02 mg/1 (13) Silver: 0.1 mg/1 (14) Zinc: 2.0 mg/1 (15) Cyanide: 1.0 mg/1 In addition, if it is determined that any one of these parameters exceeds the state effluent requirements for the wastewater treatment plant, an adjustment in the given parameter concentration limit will be required. To accomplish this, the industrial discharge permits for industries discharging the particular compound will be adjusted to insure compliance. (c) No other heavy metals or toxic materials shall be discharged into public sewers without a permit from the approving authority specifying conditions of pretreatment, concentrations, volumes and other applicable provisions. 22 (d) Prohibited toxic materials include, but are not limited to: (1) Herbicides. (2) Fungicides. (3) Pesticides. Sec. 18-155. Discharge of garbage. (a) No person may discharge garbage into public sewers, unless it is shredded to a degree that all particles can be carried freely under the flow conditions normally prevailing in public sewers. Particles greater than one-half inch in any dimension are prohibited. (b) The i~ control authority shall have the right to review and approve the installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater. Sec. 18-156. Discharge of storm water and other unpolluted drainage. (a) No person shall discharge into public sanitary sewers: (1) Unpolluted storm water, surface water, groundwater, roof runoff or subsurface drainage. (2) Other unpolluted drainage. (b) The orYp?li authority shall designate storm sewers and other watercourses into which unpolluted drainage described in subsection (a) of this section may be discharged. Sec. 18-156.1. Purpose It is the policy of this County and the purpose of this ordinance 23 to establish a separate procedure for the enforcement of the Sewer Use Standards (Article IV of Chapter 18 of the Roanoke County Code) arising from the actual or potential illegal discharge of unpolluted stormwater, surface water, groundwater, roof runoff or subsurface drainage into the public sanitary sewer system. The inflow or infiltration of stormwater into the public sewer system constitutes a direct threat to public health, safety and welfare, since this discharge or infiltration overloads the public sewer system, thereby causing sewer overflows and sewer backups into homes and businesses. This discharge or infiltration increases the cost and expense to all sewer users and all County citizens, since the overloads to the sewer system result in higher operating costs at the regional sewage treatment plant and higher capital costs for expansions of the public sewer system. Sec. 18-156.2. Determination by Utility Director. (a) The Utility Director, or his designee, shall be vested with the authority and responsibility to enforce the provisions of this ordinance and to make determinations with respect to the actual or potential illegal or improper discharge, inflow or infiltration of stormwater, surface water, groundwater, roof runoff or subsurface drainage into the public sanitary sewer system. (b) A determination with respect to an actual or potential illegal or improper discharge, inflow or infiltration of stormwater, surface water, groundwater, roof runoff or subsurface drainage into the public sanitary sewer system from the property of a sewer user or any other person shall be based upon the following: 24 (1) estimate or measurement of quantity of inflows and/or infiltration that could occur based on the 2-year rainfall event established for Roanoke County using the Virginia Department of Highways and Transportation Drainage Manual. (2) quantity of inflow and/or infiltration shall be in gallon per day. (3) estimate of quantity shall be site specific taking into consideration physical characteristics of the site as they relate to the potential or actual inflow and/or infiltration. (c) The Utility Director, or his designee, shall provide written notice by certified mail to the sewer user, property owner or other responsible person of any violation of this ordinance or of Section 18- 156 of this Code. This notice shall describe the nature of the violation, the determination of the actual or potential quantity of the discharge, inflow or infiltration, the corrective measures necessary to achieve compliance, the time period for compliance, the amount of the monthly surcharge until corrected, and the appeal process. Sec. 18-156.3. Surcharge; disconnection (a) For structures or property with actual or potential discharge, infiltration or inflow determined to be in excess of 1,000 gallons per day into the public sanitary sewer system, the sewer user, property owner or other responsible person shall be given six months to correct the illegal or improper activities or facilities contributing to the 25 discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed and approved by the Utility Director, or his designee, within six months from the date of the notice provided in Sec. 18-156.2(c). then the County shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of $200 per month until the required corrective measures are completed and approved. If the property owner or responsible party fails to pay the monthly surcharge when due and payable, then the County shall terminate the water and sewer connections and service to the property, and disconnect the customer from the system. During and after periods of heavy rainfall resulting in actual or potential inflow or infiltration in excess of 200 gallons per day, the Utility Director may in his discretion temporarily terminate the sewer connection to protect the public sewer system and other sewer users. (b) For structures or property with actual or potential discharge, infiltration or inflow determined to be less than 1,000 gallons per day but more than 500 gallons per day into the public sanitary sewer system, the sewer user, property owner or other responsible person shall be given six months to correct the actual or potential illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the actual or potential illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed and approved by the Utility Director, or his designee, within 26 six months from the date of the notice provided in Sec. 18-156.2(c), then the County shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of $100 per month until the required corrective measures are completed and approved. If the property owner or responsible party fails to pay the monthly surcharge when due and payable, then the County shall terminate the water and sewer connections and service to the property, ..and disconnect the customer from the system. During and after periods of heavy rainfall resulting in actual or potential inflow or infiltration in excess of 200 gallons per day, the Utility Director may in his discretion temporarily terminate the sewer connection to protect the public sewer system and other sewer users. (c) For structures or property with actual or potential discharge, infiltration or inflow determined to be less than 500 gallons per day, but more than 200 gallons per day into the public sanitary sewer system, the sewer user, property owner or other responsible person shall be given six months to correct the illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the actual or potential illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed and approved by the Utility Director, or his designee, within six months from the date of the notice provided in Sec. 18-156.2(c), then the County shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of $50 per month until the required corrective measures are completed and approved. If 27 the property owner or responsible party fails to pay the monthly surcharge when due and payable, then the County shall terminate the water and sewer connections and service to the property, and disconnect the customer from the system. During and after periods of heavy rainfall resulting in actual or potential inflow or infiltration in excess of 200 gallons per day, the Utility Director may in his discretion temporarily terminate the sewer connection to protect the public sewer system and other sewer users. (d) For structures or property with actual or potential discharge, infiltration or inflow determined to be less than 200 gallons per day, but more than 50 gallons per day into the public sanitary sewer system, the sewer user, property owner or other responsible person shall be given six months to correct the illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed and approved by the Utility Director, or his designee, within six months from the date of the notice provided in Sec. 18-156.2(c), then the County shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of $25 per month until the required corrective measures are completed and approved. If the property owner or responsible party fails to pay the monthly surcharge when due and payable, then the County shall terminate the water and sewer connections and service to the property, and disconnect the customer from the system. 28 Sec. 18-156.4. Review of Corrective Measures The sewer user, property owner or other responsible person shall correct the actual or potential illegal or improper activities or facilities contributing to the discharge, infiltration, or inflow into the public sanitary sewer system. These corrective measures to eliminate the actual or potential illegal or improper discharge, infiltration, or inflow into the public sewer system shall be taken upon notice from the Utility Director or his designee. Once these corrective measures have been implemented, the sewer user, property owner, or other responsible person shall request in writing that the Utility Director or his designee inspect the corrective measures to verify compliance with this chapter. Any monthly surcharge imposed by the provisions of this ordinance, or any termination of water and sewer service arising from a failure to pay the monthly surcharge, shall continue until the Utility Director or his designee determines that the corrective measures are in compliance with the provisions of this chapter. If water and sewer services have been terminated under this ordinance, the sewer user, property owner, or other responsible person may request resumption of water and sewer service as follows: (1) By taking the corrective measures specified in the notice, and by eliminating the actual or potential discharge, infiltration, or inflow into the public sanitary sewer system. (2) By requesting an inspection and determination by the Utility Director or his designee as provided in this section. (3) By submitting a written request to the Utility Director 29 requesting reinstatement of public water and sewer services and verifying that all standards of this chapter have been satisfied. Sec. 18-156.5. Appeals (a) Any sewer user, property owner, or responsible person may appeal a determination of the Utility Director or his designee by submitting a Notice of Appeal to the County Administrator within fourteen (14 ) days from the receipt of the written notice as provided in §18.1-156.2(c). (b) The County Administrator shall conduct a hearing on this appeal within fourteen (14) days of the receipt of this Notice of Appeal. The County Administrator shall render a decision with five (5) business days of the date of the hearing. (c) The Notice of Appeal shall state the technical grounds and objections for the appeal. At the hearing the County Administrator shall hear and investigate any objection that may be raised and take such action as may be appropriate under the facts and circumstances established. (d) The sewer user, property owner, or other responsible person may appeal the decision of the County Administrator to the Roanoke County Board of Supervisors by submitting to the Clerk of the Board a written Notice of Appeal within fourteen (14) days of the receipt of the County Administrator's written decision. This Notice of Appeal shall state the grounds for the appeal. (e) In all other respects the substantive and procedural requirements for this appeal shall comply with the provisions of § 15.1- 30 550, et seq. of the State Code. Sec. 18-157. Temperature of discharges. No person shall discharge liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (65~ Centigrade), or any substance which causes the temperature of the total wastewater treatment plant influent to increase at a rate of ten (10) degrees Fahrenheit or more per hour, or a combined total increase of plant influent temperature to one hundred four (104) degrees Fahrenheit. Sec. 18-158. Discharge of radioactive wastes. (a) No person shall discharge radioactive wastes or isotopes into public sewers, without the permission of the ~~~ Ctt~r authority. (b) The coitrz~:1 authority reserves the right to establish, in compliance with applicable state and federal regulations, regulations for discharge of radioactive waste into public sewers. Sec. 18-159 Discharge of substances capable of impairing, etc. facilities. (a) No person shall discharge into public sewers any substance capable of causing: (1) Obstruction to the flow in sewers; (2) Interference with the operation of treatment processes or facilities; or 31 (3) Excessive loading of treatment facilities. (b) Discharges prohibited by subsection (a) of this section include, but are not limited to, materials which exert or cause concentrations of: (1) Inert suspended solids greater than 250 mg/1 including, but not limited to Fuller's earth, lime slurries and lime residues. (2) Dissolved solids greater than 500 mg/1 including, but not limited to sodium °'~~~ 1ioe and sodium sulfate. (3) Excessive discoloration including, but not limited to dye wastes and vegetable tanning solutions. ~Gts~dr~~o c3 ~ ~:< 5 E3 (1...... A D M ~ (4) Wastes having a COD to BOD ratio greater than 5 to 1. Industries having wastewater of this nature shall provide pretreatment as required by the a~}s~i-~ cc~nrc~I authority. (c) No person shall discharge into public sewers any substance that may: (1) Deposit grease or oil in the sewer lines in such a manner as to clog the sewers; (2) Overload skimming and grease handling equipment; (3) Pass to the receiving waters without being effectively treated by normal wastewater treatment processes due to the non-amenability of the substance to bacterial action; or (4) Deleteriously affect the treatment process due to excessive quantities. 32 (d) No person shall discharge incompatible waste into public sewers which: (1) Is not amenable to treatment or reduction by the wastewater treatment processes and facilities employed; or (2) Is amenable to treatment only to such a degree that the treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharges to the receving~waters. Subsection (b) (3) of this section illustrates the types of substances intended to be wastewater; or (4) Render the waste unfit for stream disposal or industrial use. Industrial operations which, on occasion, release sludges of waterborne wastes into the sewers, or which, on occasion, release any significant quantities of materials which adversely influence the effectiveness of treatment in the wastewater treatment plant shall notify the plant in advance of their release, and shall control, at the 33 discretion of the a~s~g r~l authority, the rate of release of these wastes. Permission for such planned releases shall not be unreasonably withheld. Persons failing to comply with these requirements shall be subject to a fine of not more than five thousand dollars ($5,000) per incident, and shall also be liable for the payment of any damages caused, either directly or indirectly, by the unapproved discharge. (f) No person shall discharge into public sewers solid or viscous substances which violate subsection (a)of this section, if present in sufficient quantity or size, including but not limited to: (1) Ashes. (2) Cinders. (3) Sand. (4) Mud. (5) Straw. (6) Shavings. (7) Metal. (8) Glass. (9) Rags. (10) Feathers. (11) Tar. (12) Plastics. (13) Wood. (14) Unground garbage. (15) Whole blood. 34 (16) Paunch manure. (17) Hair and fleshings. (18) Entrails. (19) Paper products, either whole or ground by garbage grinders (20) Slops. (21) Chemical residues. (22) Paint residues. (23) Bulk solids. (g) No person shall discharge into the public sewers pollutants which cause interference or pass through. (h) No person shall discharge into the public sewers pollutants with a high flow rate or concentration of ^~'-~^~,' pollutants as to interfere with the plant. Sec. i8-160. Right to require pretreatment and control of, or to reject discharges. (a) If discharges or proposed discharges into public sewers may deleteriously affect wastewater facilities, processes, equipment or receiving waters; create a hazard to life or health; or create a public nuisance; the a~~l~g p'~1! authority shall require: (1) Pretreatment to an acceptable condition before discharge into the public sewers; (2) Control over the quantities and rates of discharge; and (3) Payment to cover the cost of handling and treating the wastes, in addition to capital costs. 35 (b) The ~~~~ l' authority shall reject wastes when he determines that a discharge or proposed discharge is included under subsection (a) of this section and the discharger does not meet the requirements of subsection (a) of this section. (c) No person shall utilize dilution as a means of treatment. (d) The n~`ol authority shall have the right to determine whether a discharge or proposed discharge is included under subsection (a) of this section. Sec. 18-161. Design, installation and maintenance of pretreatment and control facilities. (a) If pretreatment or control is required, the a~s~e~ng a ..................:........ .......................... ........................... authority may, at his sole discretion, require, review and approve the laws, including Federal Categorical Pretreatment Standards. (b) Any person responsible for discharges requiring pretreatment, flow-equalizing or other facilities shall provide and maintain the facilities in effective operating condition at this own expense. Sec.18-162. Requirements for traps. (a) Discharges requiring a trap include: (1) Grease or waste containing grease in excessive amounts; (2) Oil; 36 (3) Sand; (4) Flammable wastes; and (5) Other harmful substances. (b) Any person responsible for discharges requiring a trap shall, at his own expense and as required by the rya authority: (1) Provide equipment and facilities of a type and capacity approved by the approving authority; (2) Locate the trap in a manner that provides ready and easy accessibility for cleaning and inspection; and (3) Maintain the trap in effective operating condition. Sec. 18-163. Measurement, sampling, etc., and report of discharges. (a) The owner of each facility discharging other than normal wastewater or discharging ~s ~'(3titk A wastewater shall submit monthly, or at such other frequency as may be required by the ei~i~~ n`a3 authority, to the County, on forms supplied by the County, a certified statement of the quantities of its wastes discharged into the sewers and sewage works of the County or into any sewer connected therewith. Copies of pertinent water bills may be required to be submitted with the above statement. Such documents shall be filed with the County not later than the tenth day of the following month. A separate statement shall be filed for each industrial plant. The total quantities of wastes to be measured and certified by the person so discharging shall be established by the ~~~ c°c~~~ authority and shall, as a minimum, include: (1) Liquid in gallons. 37 (2) Five-day BOD in pounds. (3) Suspended solids in pounds, on a dry solids basis. (4) Total phosphorus in pounds. (5) Total Kjeldahl nitrogen in pounds. (6) COD in pounds. (b) Unless otherwise provided, each measurement, test, sampling, or analysis required to be made hereunder shall be made in accordance with 40 C.F.R. Part 136, as amended. (c) In order to provide for accurate sampling and measurement of (d) Each sampling chamber shall contain a Parshall flume, accurate weir or similar device, with a recording and totalizing register for measurement of the liquid quantity; or the metered water supply to the 38 industrial plant may be used as the liquid quantity, where it is substantiated that the metered water supply and waste quantities are approximately the same, or where a measurable adjustment can be made in the metered supply to determine the liquid quantity. (e) Samples shall be taken every hour, properly refrigerated and composited in proportion to the flow for a representative twenty-four (24) hours sample. For oil and grease, pH, phenols, cyanide, volatile toxic organic and other appropriate pollutants, property grab sampling shall be performed. Each sampling shall be repeated on as many days as necessary to insure representative quantities for the entire reporting period. Industrial plants with wide fluctuations in quantities of wastes shall provide an automatic sampler paced automatically by the flow-measuring device. (f) Minimum requirements for representative quantities under this section shall include re-evaluation during each twelve (12) month period. The determination of representative quantities shall include not less than seven (7) consecutive days of twenty-four (24) hour composite samplings, taken during periods of normal operation, together with acceptable flow measurements. The frequency of sampling, sampling chamber, metering device, sampling methods and analyses of samples shall be subject, at any time, to inspection and verification by the County. Sampling and measuring facilities shall be such as to provide safe access for authorized personnel of the County for making such inspection and verification. (g) Plans for sampling chambers, with their locations shown on a site plan, shall be submitted to the County for approval. 39 (h) All owners of facilities governed by this section shall also comply with any applicable Monitoring Requirements and Regulations established by the ~a:pp~a~g `~~r authority which are hereby incorporated by reference. (i) All owners of facilities governed by this article shall comply with the applicable requirements of 40 C.F.R. 403.12 as amended, which is incorporated by reference herein, ~ertt~'' including, without limitation, the signatory, certification and record keeping requirements of 40 C.F.R. 403.12 (c),(d), (i), and (1). All records shall be retained for a minimum of three years and this retention period shall be extended during litigation or upon request of the authority. (j) Sampling for discharge limit compliance shall be taken at the sampling chamber without any dilution factor except for properly classified categorical or significant users. (k) Sampling for prohibited materials may be collected at either the sampling chamber or end of process to determine the absence of the prohibited material. Sec. 18-164. Discharge permits for industrial waste. (a) It shall be unlawful for any significant industrial user or other user as determined by the ~'?e< authority to discharge industrial waste into the public sanitary sewer system unless an appropriate Industrial Discharge Permit has been issued by the ~19ig oTol authority. In order to obtain an Industrial Discharge Permit, such person shall: 40 (1) Submit a complete application at least ninety (90) days prior to the date proposed for initial discharge on forms supplied by the 'dal authority. The ' ~t~'t~ authority will act upon the application within sixty (60) days. (2) Comply with all requirements for the discharge permit including, but not limited to, provisions for payment of charges, installation and operation of pretreatment facilities and sampling and analysis to determine quantity and strength. (3) Provide a sampling point subject to the provisions of this article and approval of the authority. (4) Comply with the requirements of federal categorical standards, where applicable, including the development of any required compliance schedules or the applicable provisions of this article. (b) An industrial user applying for a new discharge shall meet all conditions of subsection (a) of this section and shall secure a permit prior to discharging any waste. (c) A person not applying for a discharge permit within the allotted time and continuing to discharge an unpermitted discharge shall be deemed to be in violation of this article. 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Waiver or modification of requirements of article. The o~~l authority shall have the right to waive or 53 modify, on an interim basis to be noted in any permit issued under this article, the requirements of this article as they pertain to strength of contaminants. No such waiver or modification shall be granted contrary to any County, state or federal regulation and no waiver or modification shall be granted, if it would result in the violation of the discharge permit for the plant, as it is now issued or as such permit may be amended. sec. 18-166. Charged generally. Persons making discharges of industrial waste shall pay a charge to cover the cost of collection and treatment in addition to capital costs. When a permit application for industrial waste is approved, the County or its authorized representative shall issue a permit stating: (a) The terms of acceptance by the County; and (b) The basis of payment. Sec. 18-167. User charges and added costs. (a) If the volume or character of the waste to be treated by the plant meets the requirements of other provisions of this article and does not cause overloading of the sewage collection, treatment or disposal facilities of the County, the c~~~ authority shall require that the discharger pay a charge to be determined from the schedule of charges which shall include capital costs. (b) If a proposed discharge of waste is responsible for exceeding the existing capacity of the wastewater treatment facilities and the wastewater treatment plant must be upgraded, expanded or enlarged in 54 order to treat the wastewater, the approving authority shall require that the discharger pay in full all added costs which shall include capital costs the County may incur due to acceptance of the wastewater. (c) The schedule of charges pursuant to subsection (a) of this section shall include, but not be limited to: (1) Capital costs, including debt retirement and interest on debt, of the County's cost on all capital outlays for collecting and treating the waste, including new capital outlay and the proportionate part of the value of the existing system used in handling and treating waste. (2) Operation and maintenance costs (capitalized), including but not limited to, salaries and wages, power costs, costs of chemicals and supplies, proper allowances for maintenance, depreciation, overhead and office expense. Sec. 18-168. Schedule of charges. (a) Persons discharging wastewater shall pay a charge to cover the capital cost and the cost of collection and treatment of all wastewater discharged. (1) All Class I users discharging normal wastewater or Group B wastewater shall pay a user charge computed upon cost per volume of wastewater discharged. (2) All Class II users discharging Group A wastewater shall have their user charge computed upon a cost per unit volume basis for the amount plus the unit cost of treatment for all over the base amount for volume, 55 biochemical oxygen demand (BOD), suspended solids (SS), phosphorus (P) and total Kjeldahl nitrogen (TKN). In computing the contaminant loading, the parameter concentrations for normal wastewater will be considered as standard strength in determining the base amount in the effluent discharge flow. Initially, the responsibility for determining the contaminant loading for each category of establishment will be that of the control authority. However, each establishment must verify its own contaminant loading monthly by initiating a sampling and analytical program at its own expense and with the approval of the a~~ev-i~g ........................... ±l; authority. (b) The units costs to be used to compute the charge for Class I and II users shall be established by the approving authority. The unit costs for all users and the allowances for normal wastewater for users may be revised as necessary to correspond to current costs and experience. Revisions may be made, no more often than once a year, upon approval of the a~'7 authority. The user charge for users shall be computed as follows: Class I Users: Cu = Vu x Vd Class II Users: Cs = Vu x Vd + VSVc + BSBc + SSSc + PSPc + NSNc And: Cu Charge for Class I users Cs = Charge for Class II users Vu = Unit cost of treatment chargeable to normal wastewater ($/1,000 56 gal.) Vd = Volume of wastewater from normal wastewater (1,000 gals.) Vs = Volume of Class II wastewater (1,000 gals.) in excess of Class I wastewater Vc = Cost of treating 1,000 gals. of Class II wastewater ($/1,000 gal.) Bs = Class II wastewater BOD contribution in excess of Class I wastewater limit (lbs.) Bc = Cost of treating Class II BOD contribution ($/lb.) Ss = Class II wastewater SS contribution in excess of Class I wastewater limit (lbs.) Sc = Cost of treating Class II SS contribution ($/lb.) Ps = Class II wastewater phosphorus contribution in excess of Class I wastewater limit (lbs.) Ns = Class II wastewater unoxidized nitrogen contribution in excess of Class I wastewater limit (lbs.) Nc = Cost of treating Class II nitrogen contribution ($/lb.) Sec. 18-169. Adjustment of charges. (a) The County may adjust charges at least annually to reflect changes in the characteristics of wastewater based on the results of sampling and testing. This adjustment will correspond to charges established by the operating authority for the treatment plant. (b) The County shall review at least annually the basis for determining charges and shall adjust the unit treatment cost in the formula to reflect increases or decreases in wastewater treatment costs based on the previous year's experience. 57 sec. 18-170. Billing and payment of charges. (a) The County may bill the discharger by the month or by the quarter and shall show waste charges as a separate item on the regular bill for water and sewer charges. The discharger shall pay in accordance with practices existing for payment of sewer charges. (b) In addition to sanctions provided for by this article, the County is entitled to exercise sanctions provided for by the other ordinances of the County for failure to pay the bill for water and sanitary sewer service when due. Sec. 18-171. Right of entry to enforce article. (a) The a-}~s~e~-i~~ authority and other duly authorized employees of the County bearing proper credentials and identification shall be authorized to enter any public or private property at any reasonable time for the purpose of enforcing this article for sampling purposes, inspect monitoring equipment and to inspect and copy all documents relevant to the enforcement of this article, including, without limitation, monitoring reports. Anyone acting under this authority shall observe the establishment's rules and regulations concerning safety, internal security, and fire protection. (b) Appropriate information submitted to the aritrol authority pursuant to these regulations excluding any information utilized in determining effluent limits may be claimed as confidential by the submitter at the time of submission by stamping the words "confidential business information" on each page containing such information. If a claim is asserted, the information shall be treated 58 in accordance with applicable law. (c) No person acting under authority of this section may inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the public sewers. Sec. 18-172. Authority to disconnect service. (a) The County reserves the right to terminate water and wastewater disposal services and disconnect a customer from the system and revoke any discharge permit issued under this article when: (1) Acids or chemicals damaging to sewer lines or treatment process are released into the sewer causing rapid deterioration of these structures or interfering with proper conveyance and treatment of wastewater; (2) A governmental agency informs the County that the effluent from the wastewater treatment plant is no longer a quality permitted for discharge into a watercourse, and it is found that the customer is delivering wastewater to the County's system that cannot be sufficiently treated or requires treatment that is not provided by the County as normal domestic treatment; or (3) The customer: a. Discharges industrial waste or wastewater that is in violation of the permit issued by the approving authority; b. Discharges wastewater at an uncontrolled, variable 59 rate in sufficient quantity to cause an imbalance in the wastewater treatment system; c. Fails to pay bills for water and sanitary sewer services when due; or d. Repeats a discharge of prohibited wastes into public sewers. (4) The permittee has engaged in fraudulent reporting to the .......................... a~~= ~?r:±~l authority or failed to report adequately as required changes in discharge. (b) If the service is disconnected pursuant to subsection (a) (2) of this section, the County shall: (i) Disconnect the customer; (2) Supply the customer with the governmental agency's report and provide the customer with all pertinent information; and (3) Continue disconnection until such time as the customer provides additional pretreatment or other facilities designed to remove the objectionable characteristics from this wastes. Sec. 18-173. Notice of violations The County shall serve persons discharging in violation of this article with written notice stating the nature of the violation and requiring immediate satisfactory compliance. The ~l authority shall have the authority to publish annually in the Roanoke Times and World News Newspaper or a newspaper of 60 general circulation in the Roanoke area a list of persons which were not in compliance with the terms of this Article at least once during the twelve (12) previous months. Sec. 18-174. Penalty for violations. (a) A person who violates the provisions of this article shall be guilty of a Class 1 misdemeanor and upon conviction is punishable by a fine of one thousand dollars ($1,000) per violation per day and confinement in jail for not more than twelve months, either or both. In the event of a violation, the z~':s authority shall also have the right to terminate the sewer and water connection. (b) In addition to proceeding under authority of sub-section (a) of this section, the County is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of state statues or other ordinances of the County against a person tip' ..... .~~.7.~.~r.~:;::i::iii. ` .;. ;.: ~:..:.: .; ::: '' ::i::i::i::ii:. '~ ::.ii'},iitiY; .;.; :;...::::: ::::.:~ ;> :. , : ......~~scha~. e.........c~....:....v.a.~lat~:n ...:>::::»: ~::<:»>::»: >.::::.:; , : ; ::::::::>::«:; ;:; >«<:>::::>::: <.: p ..::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::g.::::::::..............................................:.:.::::::::::: ~:.:::::::.:~~~:xe~tment.::.:._:~tanda.rd:::::::::cs~ ................ ....: ~......................P........................:,:::.::::::::::::::::::.:.:::.::::::::::::::::::::::::::..:.:.:........ aert c -p~e~b~ed--di~c~r-gts, including, without limitation, injunctive relief. (c) Any person who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document files required to be maintained pursuant to this ordinance, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punishable by a fine of $1,000.00 per violation, per day, or imprisonment for not more than one year, or both. (d) The a~~g ~r~tia authority shall be authorized to implement such other program and enforcement mechanisms as are consistent with regulatory guidelines and are deemed appropriate. 61 Sec. 18-175. Payment of costs for work required by prohibited deposits. In any case where a sewer main or pipe connection is stopped, damaged or choked by any materials or rubbish being deposited therein contrary to the provisions of this article, by any tenant or property owner, upon due ascertainment by the County Administrator, he shall cause the main pipe connection or manhole to be opened, cleaned, replaced or repaired, and shall cause the cost for doing such work to be collected from the property owner. The payment of such cost shall not relieve any person from prosecution for a violation of this article. SeC. 18-176. PLib1iC 8CCe33 t0 data. Effluent data com lied as art of the a rovin a~-t-h-Qrit~~'= ```°"' p P PP g 1 ~cari pretreatment program shall be available to the public. 2. That this ordinance shall be in full force and effect from and after its passage. On motion of Supervisor Johnson to adopt the the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens, Minnix NAYS: Supervisor Eddy A COPY TESTE: ~~~ ~`. Mary H. A len, CMC, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney Clifford Craig, Utility Director 62 ACTION ITEM NUMBER ~"` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1993 AGENDA ITEM: Second Reading of Ordinance Amending Article IV, Sewer Use Standards, of Chapter 18 of the Roanoke County Code of 1985 COUNTY ADMINISTRATOR' S COMMENTS : ~ ,,,,/~,,,~ BACKGROUND' The 1972 Sewage Treatment Agreement between Roanoke City and Roanoke County requires the County to adopt such ordinances and regulations that conform to those adopted by the City of Roanoke as they pertain to Sewer Use Standards. The County of Roanoke adopted Ordinance 62486-146 on June 24, 1986 and Ordinance 91289-14 amending Ordinance 62486-146 on September 12, 1989 and Ordinance 111919-13 amending Ordinance 91289-14 on November 19, 1991 in order to meet the above requirements. Recent requirements of the Department of Environmental Quality (DEQ) and U.S. Environmental Protection Agency have required the City of Roanoke to amend their Sewer Use Standards. SUMMARY OF INFORMATION: Attached is the proposed amendment to the Roanoke County Sewer Use Standards that are required so that our Ordinance conforms to the form and intent of the City of Roanoke Ordinance. The amendments are minor in nature and will not have a significant effect on sewer use within Roanoke County. The requirement of a control manhole for non-residential users has been specifically addressed to avoid confusion. At the first reading of this ordinance on September 14, 1993, the Board directed staff to address concerns raised at that reading. Comments addressing these concerns are attached to this Board report. ALTERNATIVES AND IMPACTS: Alternative One - Adopt the Ordinance as presented which requires a control manhole on non-residential users or facilities. T-a, Impact: - This alternative will provide clarification to the requirement of the Ordinance to specifically regulate all facilities with the potential to discharge non-residential waste. Alternative Two - Adopt the Ordinance without the requirement to provide a control manhole on non-residential users or facilities. Impact - Requirement for control manhole will not be clear and Staff will not be able to enforce the provision of the Ordinance. Alternative Three - Adopt the Ordinance as stated in Alternative Two and contract with the City of Roanoke to administer the provisions of the Sewer Use Ordinance. Impact - Requirements and enforcement will be identical in both the City and County without directing Staff to ignore portions of the Ordinance as they relate to non-residential, non-industrial use. STAFF RECOMMENDATION: Staff recommends that the ordinance be adopted after the second reading of the Ordinance as stated in Alternative One. SUBMITTED BY: Clifford g, P.E. Utility Director APPROVED: ~~ ~~~ Elmer C. Hodge County Administrator Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 ORDINANCE AMENDING AND REENACTING ARTICLE IV, SEWER USE STANDARDS, OF CHAPTER 18 OF THE ROANOKE COUNTY CODE OF 1985 (formerly, Article III, of Chapter 16 of the Roanoke County Code of~1971). WHEREAS, the 1972 Sewage Treatment Agreement entered into by and between, and still binding upon, Roanoke City and the County of Roanoke requires the County to adopt such ordinances and regulations as necessary to conform to those adopted by the City of Roanoke as they pertain to Sewer Use Standards; and WHEREAS, by Ordinance # 62486-146, § 1, adopted on June 24, 1986, Chapter 16 of the Roanoke County Code of 1971 was amended to add an Article III relative to sewer use standards and by Ordinance # 91289- 14, adopted on September 12, 1989, said Article was further amended; and WHEREAS, recent regulatory requirements enacted by the State Water Control Board and the U. S. Environmental Protection Agency have necessitated changes by the City of Roanoke to its Sewer Use Standards; and WHEREAS, the operative requirements of the current Sewage Treatment Agreement between Roanoke City and the County of Roanoke requires amendment of the County's ordinances to bring them into conformity with the current Roanoke City Sewer Use Standards; and WHEREAS, the first reading of this ordinance was held on September 14, 1993, and the second reading of this ordinance was held on September 28, 1993. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 1. That the amended "SEWER USE STANDARDS" be reenacted as "ARTICLE IV. SEWER USE STANDARDS" of CHAPTER 18 of the Roanoke County Code of 1985. CHAPTER 18 ARTICLE IV. SEWER USE STANDARDS Sec. 18-151 Definitions. For the purpose of this article, the words and phrases set out in this section shall have the following meanings: Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 U.S.C. 1251, et seq., as amended. BOD (biochemical oxygen demand) means the quantity of oxygen by weight, expressed in mg/1, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five (5) days at a temperature of twenty (20) degrees centigrade. Building sewer means the extension from the building drain to the public sewer or other place of disposal (also called house lateral and house connection). Capital costs means a sum sufficient recovered by user charges computed by using the capital recover factor for the average life of all capital items including capitalized O & M charges (unless collected separately) on which expenditures have been made or will have to be made for 2 ~- wastewater treatment facilities, processes or transmission lines. Capital costs may be adjusted from time to time to reflect cost experience. Categorical standards means National Categorical Pretreatment Standards or Pretreatment Standard. Class I user means any person discharging normal domestic wastewater into a sanitary sewer and any industrial user discharging Group B wastewater into the sanitary sewer. Class II user means any person discharging Group A wastewater into a sanitary sewer. COD (chemical oxygen demand) means the measure, expressed in mg/l, of the oxygen consuming capacity of inorganic and organic matter present in water or wastewater, expressing the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand. COD-BOD ratio means the ratio of the value of COD to BOD as these values are defined above. COD (soluble) means the COD of the filtrate from wastewater that is filtered through a gooch crucible as required by the suspended solids test in "Standard Methods." Control manhole means a manhole giving access to a building sewer at some point before the building sewer discharge mixes with other 3 sy'` ' ~C discharges in the public sewer. Control point means a point of access to a course of discharge before the discharge mixes with other discharges in the public sewer. County means Roanoke County. Discharge means any introduction of substances into the sanitary sewer. Garbage means animal and vegetable wastes and residue from the preparation, cooking and dispensing of food, and from the handling, processing, storage and sale of food products and produce. GroupA wastewater means wastewater discharged into the sanitary sewers in which any one of the parameters below are more than the given loading: Parameter Total suspended solids (TSS) Biochemical oxygen demand (BOD) Total phosphorus (TP) Total Kjeldahl nitrogen (TKN) Average Monthly 62.5 lbs./day 62.5 lbs./day 3.75 lbs./day Daily Composite 75 lbs./day 75 lbs./day 4.5 lbs./day 4.50 lbs./day 5.4 lbs./day Group B wastewater means the discharge of permitted industrial wastewater not otherwise qualifying as Group A wastewater. ~~~ ~ .:::::~::::::~.~ :..::::::::....:...::::::::a~.~.::.::.:~..::.::.:::.::~.:::~~.~.~..:::x~.~.:::::::~~.:::: ~ ~.~, ~~-~.~~~ ~~ 4 -~-,~. w:.i ~piiiiiiiiiiiiiiii:^i} 4i::4::~iiiiiii:{•iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii:~iiiiiiiiiii}: Incompatible waste means a waste which is not susceptible to adequate treatment by the wastewater treatment plant. Industrial user means an user ~::~~~~~ :~::~~.t~~~:::> :t~~~i Y '~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::..~..::::::::::::::::::::::::::::::::. ~~1>Os;~~;~~ or any user of publicly owned treatment works identified ..........................................:............ ...................................................... in the Standard Industrial Classification Manual, 1987, Office of Management and Budget, as amended and supplemented, under divisions A, B, D, E and I, including governmental facilities that discharge wastewater to the sanitary sewer or plant. Industrial waste means waste resulting from any process of industry, manufacturing, trade or business from the development of any natural resource, or any mixture of the waste with water or normal wastewater, or distinct from normal wastewater. Infcltration means water entering a sewer system, including service connections from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is distinguished from inflow. Inflow means water discharged into a sewer system, including service connections, from such sources as, but not limited to, roof leaders, 5 ~-~. cellar, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface runoff, street wash waters, or drainage. It does not include, and is distinguished from infiltration. Interference means a discharge which, alone or in conjunction with a discharge or discharges from other sources, (1) inhibits or disrupts the plant, its treatment processes or operations, or its sludge processes, use or disposal; or (2) causes a violation of the plant's VPDES permit. Milligrams per liter (mg/l) means the same as parts per million and is a weight-to-volume ratio; the milligram-per liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water. National categorical pretreatment standard or pretreatment standard means any regulations containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) and 40 C.F.R. Subchapter N (Parts 401-471) as amended, which applies to a specific category of industrial users. Natural outlet means any outlet into a watercourse, ditch, lake or other body of surface water or ground water. 6 :~'><~~?'•.>~',1;1~:`````'~~''~:'l~iii:{:.:~~~:.~~.'~~;>~?>s>'>::>~:~~::~::<>:>~~>:>::~ ~~;>::>::>:::,>;::>;:,,>:<,:<: ~~;;:;>::::`.: ~':_~~:.<;~,:'~:'.>~~,<:?:::z$~°>':<<y.;'},..,,;.>::::>:::..~~~~:'.:::'>.''`;:,'..:a~~ .`:: ~::>:.::s>>'•.r:'''>`'' :::ii: ii}}}}i""""""""""""""biiiiiiii:ii•i::^:i•iiiiiiii:iviiiiiiiii;riii;;riiiiiiii?iiiit+•i"iv<i:3iY'Ji:' iiiiiiiiii:^iii: ::j•:j;iii:;:y:j•:j:}i}i}:j•{i}i'i:::iy:.ry•.4iii::i:: •iiiiiiii}iiii}iii}iiiii•:iiiiiii:'^:::iiiii .:::::. L.~ :::::::::::::::::::.~::::::::::::::::.~~.~..:.~::::::::::::::::::::.:::::::::::: ~.:::.~::::::::::::::::::::::::::::.~::::: ~:::~?'.:::::.::.:..........:..................................................... ;:j<vvvvL}y:i'r`:i is •,iii:::i'•i':i::::isii:;;is;i:;i:;i:;i:i:}iii':i::i:iii::i :;ii: yy~~;; yy.~~ ':F.Giii . ' .. >::::::::?::~:':;:~:~i;:'<::':::;::::::":~:'~~i::i::i:':i:::~::::i::i:>:::::::::::>;:.>:.>:.»::::::..:.:;:.:::.> :.::.:::.::.::::.::.::.::.::.:::.::.::':.:'.::.::.::.::.::.:':.::.::.>:.>:.>:.>::::.>::.:~.>:.»i:•i::'•i:•:'::•i:•::.::.>:•i:•>::.>':.>::.>:.>::: •.::::::::.>:.>::uta::.:::.::.::.:'.::~::•:ii: ••i:•i:•i:•>:•>:•::•i: ::««<;:<::«««<::<:::::.:>::>::>::>::>::>:;:::;:::::.:::;:>:<::«:<:;:;::.;.i..:.i:::.::;;;.:::.::.:;:.;:.:.;:.i:.i:.i:.i:.i:::.i:.i:.i:.;:.;:.:.:.;;:.:.;;;:.:;;<.;:;:; ~: ~;;»i:.i..,i..<.:;:.::.;:.;::..i::.;:.;:.:.;:::.;:.::;.i::..i:;;;:..:.:.: ~;.:.;::.;:.;;:.;::.>;:.>;:.>:.»:.::.;:.i:.i:.;:.i:.i:.i:.;:.i:.i:.i:.i:.;::. ..........~ ............. P.................................................................................................~:.....~................................... ............................................................................... P:.;..;..; .::..::::::::::::::..:::::::::::::: .::: P.:::::::.i..;.:.;.:::: :::::~::.~:.~:::::::::~'::.P..:~ .:::::::::::::::::::::::::.r::::::::::::::::::::::::::::::'.#.:::::::::::::::::::::.~.~:::::::::::::.~::.::::::::::::::::::::.:::::.:.:....:.:..........~:~~..:~.:: in which the average concentration of total suspended solids and BOD is not more than 250 mg/1, total phosphorus is not more than 15 mg/1, total Kjeldahl nitrogen is not more than 18 mg/1 and total flow is not more than 25,000 gallons per day. Overload means the imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity. Pass through means a discharge which exits the plant into water of the United States in quantities which may cause a violation of the plants 8 ~~ VPDES permit. Person includes individual, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership association and any other legal entity. pH means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in grams per liter. Phosphorus (total) means the sum of the various types of phosphate expressed as elemental phosphorus found in wastewater. The various forms include ortho phosphate, condensed phosphates (pyro, meta, and poly-phosphates), and organically bound phosphates. The concentration of total phosphate is determined by the "Standard Methods" test procedure. Plant means the City of Roanoke Regional Sewage Treatment Plant, e~ 9 ~~ Public sewer means pipe or conduit carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the County. Sanitary sewer means a public sewer that conveys domestic wastewater or Significant Industrial User means: (1) A user subject to categorical pretreatment standards; or (2) A user that: (a) Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, non-contact cooling, and boiler blowdown wastewater); (b) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW; or (c) Is designated as such by the control authority on the basis that it has a reasonable potential for adversely affecting the 10 ,.-~- POTW's operation or for violating any pretreatment standard or requirement. (3) Upon a finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8 (f) (6) , determine that such user should not be considered a significant industrial user. 11 ~-a ..:...:..P .:::::::..::::::::::::::::::::::. ~.A....::::::::::::::::::.::: ~::::::::::::::::::::::::::::::::::::::::::::::. ~:::::::::::::::::::::::::.::::::::.::~::::.:::::::::.~.:::::. ~.::: ~:::.r...:. ~::::::::::::::. ::: •:y:~:!~y.::,~ •:ji'r'riii'r:+~~~'{y: _~ ~iiji::i::i':i::i::'::i'.isni:::i}}W':~~iyi:>::<v<+«::::':::::::::.` ~`::i::i::;'i:::: '.:i:i::i:i:iii:i:r i::: i:: :::::ty::+r{::>:::i~:>at:::i::i::is:i:>:::}::::2:i::i:i::F'ii:+:i' •':i:i:::::'ii::~j. j:i::i::ttt}i{i::::i:}j: xiY'ryii:: •.i}iiiY.'{: •.iiiiiiiii}i:4i:4:::::^i'?iiii}i}i:: ••i :!'::iiii:~ .:::::::::::::::'iFiiil~il:: :::::::~~ '.:T•. .:iiiii :i. :: ,;: :; ::-y(:.;. __ .. .:. :i:`v: .~{u.{A.':::i::: ': ~' : ,~I~~: '' :::::i: '. .. v::'::r:'. :i. (.~:: :::/~~:~j:,'~':":.. :::: .}.:~:~I'':}:::: .:. .:. .' •::::::•:: :: ::::::y. :. .'~.}. ..{~~1~. ~.~~.: :, ..~ ..... ................ :v......,. ~:.: ali.,.:: ~~iiY:~;~1.~~1/,.{.{.::: ~:T.~.:::: ;ia.,~~i. ::::: ~:::~~M!:{,1~,.,M,.,~.~i}.~,I~,,.i::,.,,,,~,,,,~v..~....~~1:•~IfY.~~ :.:::::::<::.:::.;;;;>;>;>;:.;:.;:.~:::;::>:::. ~~t~.h~s ~~,.;..,.~~~t~~~~,y ~~e the d~~~~x~;:::> Slug means any discharge of water, wastewater or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds, for any period longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation. 12 s-a Standard Industrial Classification (SIC) means classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of , Standard Methods means the examination and analytical procedures set forth in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater" as prepared, approved and published jointly by the American Public Health Association, the American Water Works Association and~~te= .-.l 1 ,.} , r /"~ ~iiii isi:;iiiiiii:~:tii::5i:;;iii`:::::i::i''::..ii:i::: <iii:i•:;:;i:~i'::i:::i::;;i5iS5<»::: ~ 1 ~ .... yr .,:....iiiiiii}i..... rv-rxucz6:r-c6i~=-^vrre~ei~-~-6~i `~~'E[~'»[~5"1Y;~T]:~L~I1Il~ien:~::::`.~`'...~';~~lZ':~:~l:Qn':~: Storm sewer means a public sewer which carries storm and surface water and drainage and into which domestic wastewater or industrial wastes are not intentionally passed. Storm water means rainfall or any other forms of precipitation. Suspended solids means solids measured in mg/1 that either float on the surface of, or are in suspension in, water, wastewater or other liquids, and which are largely removable by a laboratory filtration device. To discharge includes to deposit, conduct, drain, emit, throw, run, allow to seep or otherwise release or dispose of, or to allow, permit or suffer any of these acts or omissions. Total Kjeldahl nitrogen means the combined ammonia and organic nitrogen in a given wastewater, as measured by the "Standard Methods" test procedure. It does not include nitrite and nitrate nitrogen. Trap means a device designed to skim, settle or otherwise remove grease, oil, sand, flammable wastes or other harmful substances. 13 Unpolluted wastewater means water containing: (1) No fee or emulsified grease or oil. (2) No acids or alkalis. (3) No phenols or other substances producing taste or odor in receiving water. (4) No toxic or poisonous substances in suspension, colloidal state or solution. (5) No noxious or otherwise obnoxious or odorous gases. (6) Not more than ten (10) mg/1 each of suspended solids and BOD. (7) Color not exceeding fifty (50) units, as measured by the Platinum-Cobalt method of determination, as specified in :': ";'ii:j'ii:i::i::i:i:i : ';: 'ii:::•i::•:::•i:ii::: "::.iiiii ~ii:i::i:::Y:iiiiiiiii`iiiY iii::::i::::i::i::i::i::i::i::i::': ;r?:~::}::i:'v:iiiF'::i:ii: iiiiiiiiiiiiiiiiiiii':: ~~Standard Methods f`~~::>:»:>;::::.:: .' :::::::::: :...:: '.. :...... .. .: ... :.;:.;:.;:.;::..,...,. User charge means the charge made to those persons who discharge normal wastewater into the County's sewage system. This charge shall include a proportionate share of any capital improvements to the system (capital costs). User surcharge means the charge made, in excess of the user charge, for all wastewater over and above the loading defined as normal wastewater. 14 .-_~. ~. --- ~. Waste means rejected, unutilized or superfluous substances, in liquid, gaseous or solid form, resulting from domestic, agricultural or industrial activities. Wastewater means a combination of the water-carried waste from residences, business buildings, institutions and industrial establishments, together with any ground, surface and storm water that may be present. Wastewater facilities includes all facilities for collection, pumping, treating and disposing of wastewater and industrial wastes. Wastewater service charge means the charge on all users of the public sewer whose wastes are treated at the plant and is the appropriate sum of the user charge and user surcharge. Wastewater treatment plant means any municipal-owned facilities, devices and structures used for receiving, processing and treating wastewater, industrial waste and sludges from the sanitary sewers. Wastecourse means a natural or man-made channel in which a flow of water occurs, either continuously or intermittently. Sec. 18-152. General Requirements. 15 ~° than those set forth in this article. (b) No significant industrial user or other user as determined by ........................... the a7 authority shall discharge industrial wastewaters into the sanitary sewer system without an appropriate industrial waste discharge permit as provided in this article. (c) Unless exception is granted by the authority or by other provisions of this chapter, the public sewer system shall be used by all persons discharging wastewater, industrial waste, polluted liquids or unpolluted waters or liquids. (d) Unless authorized by the State Water Control Board or its successor in authority, no person shall deposit or discharge any waste included in subsection (c) of this section on public or private property in or adjacent to any natural outlet, watercourse, storm sewer or other area within the jurisdiction of the County. (e) The a~gg~e~~tg control authority shall determine, prior to discharge, that wastes to be discharged will receive such treatment as is required by the laws, regulations, ordinances, rules and orders of federal, state and local authorities, or such discharge shall not be permitted. (f) Each industrial user discharging industrial waste waters into the sanitary sewer system shall provide protection from accidental discharge of prohibited materials or other substances regulated by this 16 .... ?.~r~'EFEEE<?i»'a~i~'r~::.:::r_ .": ... .E~ ~::::::? ~:?:?~ ? '~~'~:::.': ~:. ~;:,,_~, .~~;:[ ...: E:: ~: ~:.~ ?:i:f:i:.`'..:'..~.': ~:. ~•:~ ~~.::~~~`'~ '::rEE ~.~~::::~ ~: ,`r:~ ~ ." ~;::E;: E:.:;` ~:~. ~..::..: ~' <:?~~:::£;:i ~:.::E?::i , ::::::::.:::::.::..........................................................:...:.......................................................:...::.::::::::::::::::::..::::::::::::::::::::::::.::..............................................r...................... .; ~:~:.<.;»>;;;~3~~~~~..: :,.~~,~~.>:::::<c~»>::;~;~.~~~.a~ ~e;;:.;: ~'~;~'~:~~~ :..»»;;;~~;~:~;fit.:.;:.>:~;~~;>;:~:~~~i~~:::>:::~~t: .....~ ...............................~...................................................:::..:.:g::::::.::~?!..::::::::.~.~.:~.~:::::::::::..#:.::::.:::::::::::::::::.::::.............................................................................. ::>~:;~:::~ ::<:»::>::>:>~::.:>:>:::>~:>::>::>::;::::;~ ;:;o:>',<;>:::>~>:::: ~::>:::::>::>~:>~:>::>::>~:>:.:>::'tS;;x:;' ::: ~:;;.;;;:>;w:r ~.;;;;;>;>;>;;:;;:.>~.;:.r ~.;:•++::;:• w;;:::::•::co-:• qtr ~.;;:.;:.;;:.;:. ~.:;:.;:.;:.;::;.::.>:.>:.;;;• •;.;;.;.;•:: oo:,:..,;• •.p ~.;;:.;:.;:.: ~ ~•>~:<,:.;>:.::.::.>:.;:: ~ .::.::.::.:::.::::::. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the aut horit ............. ....... before construction of the facility. ~1z __=~ ____=*~_„~ _____ --~ No such user who commences operation after the effective date of this section shall be permitted to introduce pollutants into the system until accidental discharge procedures have been so approved. Review and approval of such plans and 17 ~-~ .......................... submit to the aavr~g ±~zat`r~€~' authority a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the sewer system or treatment plant, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. (g) In the event of an emergency, as determined by the a~s~e~i-erg ........................... a authority, the authority shall be authorized 18 a~ to immediately halt any actual or -threatened discharge. (h) A person discharging in violation of the provisions of this article, within thirty (30) days of the date of such discharge, shall *sample, analyze and submit the data to the ''?authority -es~e~pp~e~el~e~y-e~ee~s~e-pe~€e~aa s~~h __ -~' _. ~. `--r- M-~ Sec. 18-153. Prohibited Discharges Generally. (a) No person shall discharge into public sewers any waste which, by itself or by interaction with other wastes, may: (1) Injure or interfere with wastewater treatment processes or facilities; (2) Constitute a hazard to humans or animals; or (3) Create a hazard in receiving waters of the wastewater treatment plant effluent. (4) Generate heat in amounts which will inhibit biological activity in the plant resulting in interference, and in no case heat in such quantities that the temperature at the plant exceeds forty (40) degrees Celsius (one hundred four (104) degrees Fahrenheit) unless the approving authority approves alternate temperature limits. (b) Discharges into public sewers shall not contain: (1) Antifreeze. (2) Fluoride other than that contained in the public water supply greater than 10.0 mg/l. (3) Benzene, Toluene, Ethylbenzene and Xylene (BTEX) greater than 5.0 mg/l. 19 (6) Strong acid or concentrated plating solutions, whether neutralized or not. (7) Fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/1 or containing substances which may solidify or become viscous at temperatures between thirty-two (32°) degrees and one hundred fifty (150) degrees Fahrenheit (0° and 65° Centigrade). (8) Obnoxious, toxic or poisonous solids, liquids, gases, ::~'~'>i«icy~ in antities sufficient to violate the ..::::.;F.:.:::::.;.::: ~ :.:::::::::::::.~:::::::::::::.::: ~ provisions of subsection (a) of this section. (9) Waste, wastewater or any other substance having a pH lower than 5.5 or higher than 9.5, or any other substance with a corrosive property capable of causing damage or hazard to structures, equipment or personnel at the wastewater facility. (10 ) Substances which cause a COD to BOD ratio greater than 5 . (il) Waste, wastewater or any other substance containing phenols, hydrogen sulfide or other taste-and-odor 20 T-~ producing substances that have not been minimized. After treatment of the composite wastewater, effluent concentration limits may not exceed the requirements established by state, federal or other agencies with jurisdiction over discharges to receiving waters. (12) Antimony and beryllium greater than 1.0 mg/1. .........::::: ~3:::::::::::::::::::::::::: ~::::::::::.::::::::::::::::::::::::::::::::::::::::::.;.:::::.;.::.;:::.;.:::.; :; :: .::: . <~>>»> Furl;>:'~. ....................::::.;9:::::::::::::.; ::.; :;;:.::. Sec. 18-154. Technical based local limits. (a) Discharges shall not contain concentrations of heavy metals greater than amounts specified in subsection (b) of this section. (b) The maximum allowable concentrations of heavy metals and toxic materials stated in terms of milligrams per liter (mg/1), determined on the basis of individual sampling in accordance with "Standard Methods" 21 r-~ are: (1) Arsenic: .25 mg/1 (2) Barium: 5.0 mg/1 (3) Boron: 1.0 mg/1 (4) Cadmium: 0.02 mg/1 (5) Chromium, Total: 2.0 mg/1 (6) Chromium VI: .011 mg/L. (7) Copper: 1.0 mg/1 (8 ) Lead : ~ '~"ti~~!' .....:..................... .......................... (9) Manganese: 1.0 mg/1 (10) Mercury: 0.005 mg/1 (11) Nickel: 2.0 mg/1 (12) Selenium: 0.02 mg/1 (13) Silver: 0.1 mg/1 (14) Zinc: 2.0 mg/1 (15) Cyanide: 1.0 mg/1 In addition, if it is determined that any one of these parameters exceeds the state effluent requirements for the wastewater treatment plant, an adjustment in the given parameter concentration limit will be required. To accomplish this, the industrial discharge permits for industries discharging the particular compound will be adjusted to insure compliance. (c) No other heavy metals or toxic materials shall be discharged into public sewers without a permit from the approving authority specifying conditions of pretreatment, concentrations, volumes and other applicable provisions. 22 (d) Prohibited toxic materials include, but are not limited to: (1) Herbicides. (2) Fungicides. (3) Pesticides. Sec. 18-155. Discharge of garbage. (a) No person may discharge garbage into public sewers, unless it is shredded to a degree that all particles can be carried freely under the flow conditions normally prevailing in public sewers. Particles greater than one-half inch in any dimension are prohibited. (b) The a~€ng control authority shall have the right to review and approve the installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater. Sec. 18-156. Discharge of storm water and other unpolluted drainage. (a) No person shall discharge into public sanitary sewers: (i) Unpolluted storm water, surface water, groundwater, roof runoff or subsurface drainage. (2) Other unpolluted drainage. .......................... (b) The aiming j[itJG`±Gx~ authority shall designate storm sewers and other watercourses into which unpolluted drainage described in subsection (a) of this section may be discharged. Sec. 18-156.1. Purpose It is the policy of this County and the purpose of this ordinance 23 '~`°'°~ to establish a separate procedure for the enforcement of the Sewer Use Standards (Article IV of Chapter 18 of the Roanoke County Code) arising from the actual or potential illegal discharge of unpolluted stormwater, surface water, groundwater, roof runoff or subsurface drainage into the public sanitary sewer system. The inflow or infiltration of stormwater into the public sewer system constitutes a direct threat to public health, safety and welfare, since this discharge or infiltration overloads the public sewer system, thereby causing sewer overflows and sewer backups into homes and businesses. This discharge or infiltration increases the cost and expense to all sewer users and all County citizens, since the overloads to the sewer system result in higher operating costs at the regional sewage treatment plant and higher capital costs for expansions of the public sewer system. Sec. 18-156.2. Determination by Utility Director. (a) The Utility Director, or his designee, shall be vested with the authority and responsibility to enforce the provisions of this ordinance and to make determinations with respect to the actual or potential illegal or improper discharge, inflow or infiltration of stormwater, surface water, groundwater, roof runoff or subsurface drainage into the public sanitary sewer system. (b) A determination with respect to an actual or potential illegal or improper discharge, inflow or infiltration of stormwater, surface water, groundwater, roof runoff or subsurface drainage into the public sanitary sewer system from the property of a sewer user or any other person shall be based upon the following: 24 ~~ (1) estimate or measurement of quantity of inflows and/or infiltration that could occur based on the 2-year rainfall event established for Roanoke County using the Virginia Department of Highways and Transportation Drainage Manual. (2) quantity of inflow and/or infiltration shall be in gallon per day. (3) estimate of quantity shall be site specific taking into consideration physical characteristics of the site as they relate to the potential or actual inflow and/or infiltration. (c) The Utility Director, or his designee, shall provide written notice by certified mail to the sewer user, property owner or other responsible person of any violation of this ordinance or of Section 18- 156 of this Code. This notice shall describe the nature of the violation, the determination of the actual or potential quantity of the discharge, inflow or infiltration, the corrective measures necessary to achieve compliance, the time period for compliance, the amount of the monthly surcharge until corrected, and the appeal process. Sec. 18-156.3. Surcharge; disconnection (a) For structures or property with actual or potential discharge, infiltration or inflow determined to be in excess of 1,000 gallons per day into the public sanitary sewer system, the sewer user, property owner or other responsible person shall be given six months to correct the illegal or improper activities or facilities contributing to the 25 °`~ discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed and approved by the Utility Director, or his designee, within six months from the date of the notice provided in Sec. 18-156.2(c). then the County shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of $200 per month until the required corrective measures are completed and approved. If the property owner or responsible party fails to pay the monthly surcharge when due and payable, then the County shall terminate the water and sewer connections and service to the property, and disconnect the customer from the system. During and after periods of heavy rainfall resulting in actual or potential inflow or infiltration in excess of 200 gallons per day, the Utility Director may in his discretion temporarily terminate the sewer connection to protect the public sewer system and other sewer users. (b) For structures or property with actual or potential discharge, infiltration or inflow determined to be less than 1,000 gallons per day but more than 500 gallons per day into the public sanitary sewer system, the sewer user, property owner or other responsible person shall be given six months to correct the actual or potential illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the actual or potential illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed and approved by the Utility Director, or his designee, within 26 ...-- six months from the date of the notice provided in Sec. 18-156.2(c), then the County shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of $100 per month until the required corrective measures are completed and approved. If the property owner or responsible party fails to pay the monthly surcharge when due and payable, then the County shall terminate the water and sewer connections and service to the property, and disconnect the customer from the system. During and after periods of heavy rainfall resulting in actual or potential inflow or infiltration in excess of 200 gallons per day, the Utility Director may in his discretion temporarily terminate the sewer connection to protect the public sewer system and other sewer users. (c) For structures or property with actual or potential discharge, infiltration or inflow determined to be less than 500 gallons per day, but more than 200 gallons per day into the public sanitary sewer system, the sewer user, property owner or other responsible person shall be given six months to correct the illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the actual or potential illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed and approved by the Utility Director, or his designee, within six months from the date of the notice provided in Sec. 18-156.2(c), then the County shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of $50 per month until the required corrective measures are completed and approved. If 27 r ~~~ the property owner or responsible party fails to pay the monthly surcharge when due and payable, then the County shall terminate the water and sewer connections and service to the property, and disconnect the customer from the system. During and after periods of heavy rainfall resulting in actual or potential inflow or infiltration in excess of 200 gallons per day, the Utility Director may in his discretion temporarily terminate the sewer connection to protect the public sewer system and other sewer users. (d) For structures or property with actual or potential discharge, infiltration or inflow determined to be less than 200 gallons per day, but more than 50 gallons per day into the public sanitary sewer system, the sewer user, property owner or other responsible person shall be given six months to correct the illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed and approved by the Utility Director, or his designee, within six months from the date of the notice provided in Sec. 18-156.2(c), then the County shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of $25 per month until the required corrective measures are completed and approved. If the property owner or responsible party fails to pay the monthly surcharge when due and payable, then the County shall terminate the water and sewer connections and service to the property, and disconnect the customer from the system. 28 T-~ Sec. 18-156.4. Review of Corrective Measures The sewer user, property owner or other responsible person shall correct the actual or potential illegal or improper activities or facilities contributing to the discharge, infiltration, or inflow into the public sanitary sewer system. These corrective measures to eliminate the actual or potential illegal or improper discharge, infiltration, or inflow into the public sewer system shall be taken upon notice from the Utility Director or his designee. Once these corrective measures have been implemented, the sewer user, property owner, or other responsible person shall request in writing that the Utility Director or his designee inspect the corrective measures to verify compliance with this chapter. Any monthly surcharge imposed by the provisions of this ordinance, or any termination of water and sewer service arising from a failure to pay the monthly surcharge, shall continue until the Utility Director or his designee determines that the corrective measures are in compliance with the provisions of this chapter. If water and sewer services have been terminated under this ordinance, the sewer user, property owner, or other responsible person may request resumption of water and sewer service as follows: (1) By taking the corrective measures specified in the notice, and by eliminating the actual or potential discharge, infiltration, or inflow into the public sanitary sewer system. (2) By requesting an inspection and determination by the Utility Director or his designee as provided in this section. (3) By submitting a written request to the Utility Director 29 ~A requesting reinstatement of public water and sewer services and verifying that all standards of this chapter have been satisfied. Sec. 18-156.5. Appeals (a) Any sewer user, property owner, or responsible person may appeal a determination of the Utility Director or his designee by submitting a Notice of Appeal to the County Administrator within fourteen (14) days from the receipt of the written notice as provided in §18.1-156.2(c). (b) The County Administrator shall conduct a hearing on this appeal within fourteen (14) days of the receipt of this Notice of Appeal. The County Administrator shall render a decision with five (5) business days of the date of the hearing. (c) The Notice of Appeal shall state the technical grounds and objections for the appeal. At the hearing the County Administrator shall hear and investigate any objection that may be raised and take such action as may be appropriate under the facts and circumstances established. (d) The sewer user, property owner, or other responsible person may appeal the decision of the County Administrator to the Roanoke County Board of Supervisors by submitting to the Clerk of the Board a written Notice of Appeal within fourteen (14) days of the receipt of the County Administrator's written decision. This Notice of Appeal shall state the grounds for the appeal. (e) In all other respects the substantive and procedural requirements for this appeal shall comply with the provisions of § 15.1- 30 550, et seq. of the State Code. Sec. 18-157. Temperature of discharges. No person shall discharge liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (65° Centigrade), or any substance which causes the temperature of the total wastewater treatment plant influent to increase at a rate of ten (10) degrees Fahrenheit or more per hour, or a combined total increase of plant influent temperature to one hundred four (104) degrees Fahrenheit. sec. 18-158. Discharge of radioactive wastes. (a) No person shall discharge radioactive wastes or isotopes into .......................... public sewers, without the permission of the a~s~e~i-erg authority. ........................... (b) The orb authority reserves the right to establish, in compliance with applicable state and federal regulations, regulations for discharge of radioactive waste into public sewers. sec. 18-159 Discharge of substances capable of impairing, etc. facilities. (a) No person shall discharge into public sewers any substance capable of causing: (1) Obstruction to the flow in sewers; (2) Interference with the operation of treatment processes or facilities; or 31 ~"~ (3) Excessive loading of treatment facilities. (b) Discharges prohibited by subsection (a) of this section include, but are not limited to, materials which exert or cause concentrations of: (1) Inert suspended solids greater than 250 mg/1 including, but not limited to Fuller's earth, lime slurries and lime residues. (2) Dissolved solids greater than 500 mg/1 including, but not -- - limited to sodium °`~~~ ~ and sodium sulfate. (3) Excessive discoloration including, but not limited to dye ................................................. wastes and vegetable tanning solutions . ............................................................................ ........................................................................... " :<?~':><>»>~~>~>> Vii':>dy ........................................................................... ............................................................................ (4) Wastes having a COD to BOD ratio greater than 5 to 1. Industries having wastewater of this nature shall provide pretreatment ........................... as required by the a~~ng authority. (c) No person shall discharge into public sewers any substance that may: (1) Deposit grease or oil in the sewer lines in such a manner as to clog the sewers; (2) Overload skimming and grease handling equipment; (3) Pass to the receiving waters without being effectively treated by normal wastewater treatment processes due to the non-amenability of the substance to bacterial action; or (4) Deleteriously affect the treatment process due to excessive quantities. 32 sa (d) No person shall discharge incompatible waste into public sewers which: (1) Is not amenable to treatment or reduction by the wastewater treatment processes and facilities employed; or (2) Is amenable to treatment only to such a degree that the treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharges to the receiving waters. Subsection (b) (3) of this section illustrates the types of substances intended to be regulated by this subsection. ........................... (e) The authority shall regulate the flow and .......................................................................... concentration of slu s. ~ki~>ti~?~``s g .......« .......................,..........::::::,.,,,..,.::...::.,:,,:,:.. .......................................................................................... ::: g' ::..:::::::::::::::::::: ~:. _ :::::::::::::::::::::::::::::.::.:~.::: (1) Impair the treatment process; (2) Cause damage to collection facilities; (3) Incur treatment costs exceeding those for normal wastewater; or (4) Render the waste unfit for stream disposal or industrial use. Industrial operations which, on occasion, release sludges of waterborne wastes into the sewers, or which, on occasion, release any significant quantities of materials which adversely influence the effectiveness of treatment in the wastewater treatment plant shall notify the plant in advance of their release, and shall control, at the 33 ~~ ........................... discretion of the ap~g ~ authority, the rate of release of these wastes. Permission for such planned releases shall not be unreasonably withheld. Persons failing to comply with these requirements shall be subject to a fine of not more than five thousand dollars ($5,000) per incident, and shall also be liable for the payment of any damages caused, either directly or indirectly, by the unapproved discharge. (f) No person shall discharge into public sewers solid or viscous substances which violate subsection (a)of this section, if present in sufficient quantity or size, including but not limited to: (1) Ashes. (2) Cinders. (3) Sand. (4) Mud. (5) Straw. (6) Shavings. (7) Metal. (8) Glass. (9) Rags. (10) Feathers. (11) Tar. (12) Plastics. (13) Wood. (14) Unground garbage. (15) Whole blood. 34 (16) Paunch manure. (17) Hair and fleshings. (18) Entrails. (19) Paper products, either whole or ground by garbage grinders (20) Slops. (21) Chemical residues. (22) Paint residues. (23) Bulk solids. (g) No person shall discharge into the public sewers pollutants which cause interference or pass through. (h) No person shall discharge into the public sewers pollutants with a high flow rate or concentration of ~ ~~`~~~~' pollutants as to interfere with the plant. Sec. 18-160. Right to require pretreatment and control of, or to reject discharges. (a) If discharges or proposed discharges into public sewers may deleteriously affect wastewater facilities, processes, equipment or receiving waters; create a hazard to life or health; or create a public .......................... nuisance; the a:e~t-i~g c~q~ authority shall require: (1) Pretreatment to an acceptable condition before discharge into the public sewers; (2) Control over the quantities and rates of discharge; and (3) Payment to cover the cost of handling and treating the wastes, in addition to capital costs. 35 S~ ........................... (b) The ~; authority shall reject wastes when he determines that a discharge or proposed discharge is included under subsection (a) of this section and the discharger does not meet the requirements of subsection (a) of this section. (c) No person shall utilize dilution as a means of treatment. .......................... (d) The ai~pg zt authority shall have the right to determine whether a discharge or proposed discharge is included under subsection (a) of this section. sec. 18-161. Design, installation and maintenance of pretreatment and control facilities. (a) If pretreatment or control is required, the ap~~g #~'7~c .......:.................. ........................... authority may, at his sole discretion, require, review and approve the laws, including Federal Categorical Pretreatment Standards. (b) Any person responsible for discharges requiring pretreatment, flow-equalizing or other facilities shall provide and maintain the facilities in effective operating condition at this own expense. Sec.18-162. Requirements for traps. (a) Discharges requiring a trap include: (1) Grease or waste containing grease in excessive amounts; (2) Oil; 36 J.~' pt (3) Sand; (4) Flammable wastes; and (5) Other harmful substances. (b) Any person responsible for discharges requiring a trap shall, at his own expense and as required by the ai~g authority: (1) Provide equipment and facilities of a type and capacity approved by the approving authority; (2) Locate the trap in a manner that provides ready and easy accessibility for cleaning and inspection; and (3) Maintain the trap in effective operating condition. Sec. 18-163. Measurement, sampling, etc., and report of discharges. (a) The owner of each facility discharging other than normal ................... wastewater or discharging C~a~s Group A wastewater shall submit monthly, or at such other frequency as may be required by the aping ?~!' authority, to the County, on forms supplied by the County, a certified statement of the quantities of its wastes discharged into the sewers and sewage works of the County or into any sewer connected therewith. Copies of pertinent water bills may be required to be submitted with the above statement. Such documents shall be filed with the County not later than the tenth day of the following month. A separate statement shall be filed for each industrial plant. The total quantities of wastes to be measured and certified by the person so discharging shall be established by the authority and shall, as a minimum, include: (1) Liquid in gallons. 37 (2) Five-day BOD in pounds. (3) Suspended solids in pounds, on a dry solids basis. (4) Total phosphorus in pounds. (5) Total Kjeldahl nitrogen in pounds. (6) COD in pounds. (b) Unless otherwise provided, each measurement, test, sampling, or analysis required to be made hereunder shall be made in accordance with 40 C.F.R. Part 136, as amended. (c) In order to provide for accurate sampling and measurement of 38 industrial plant may be used as the liquid quantity, where it is substantiated that the metered water supply and waste quantities are approximately the same, or where a measurable adjustment can be made in the metered supply to determine the liquid quantity. (e) Samples shall be taken every hour, properly refrigerated and composited in proportion to the flow for a representative twenty-four (24) hours sample. For oil and grease, pH, phenols, cyanide, volatile toxic organic and other appropriate pollutants, property grab sampling shall be performed. Each sampling shall be repeated on as many days as necessary to insure representative quantities for the entire reporting period. Industrial plants with wide fluctuations in quantities of wastes shall provide an automatic sampler paced automatically by the flow-measuring device. (f) Minimum requirements for representative quantities under this section shall include re-evaluation during each twelve (12) month period. The determination of representative quantities shall include not less than seven (7) consecutive days of twenty-four (24) hour composite samplings, taken during periods of normal operation, together with acceptable flow measurements. The frequency of sampling, sampling chamber, metering device, sampling methods and analyses of samples shall be subject, at any time, to inspection and verification by the County. Sampling and measuring facilities shall be such as to provide safe access for authorized personnel of the County for making such inspection and verification. (g) Plans for sampling chambers, with their locations shown on a site plan, shall be submitted to the County for approval. 39 _.1.^' (h) All owners of facilities governed by this section shall also comply with any applicable Monitoring Requirements and Regulations established by the k~ authority which are hereby incorporated by reference. (i) All owners of facilities governed by this article shall comply with the applicable requirements of 40 C.F.R. 403.12 as amended, which is incorporated by reference herein, '~ including, without ....................................... limitation, the signatory, certification and record keeping requirements of 40 C.F.R. 403.12 (c),(d), (i), and (1). All records shall be retained for a minimum of three years and this retention period shall be extended during litigation or upon request of the a~~g .` authority. (j) Sampling for discharge limit compliance shall be taken at the sampling chamber without any dilution factor except for properly classified categorical or significant users. (k) Sampling for prohibited materials may be collected at either the sampling chamber or end of process to determine the absence of the prohibited material. Sec. 18-164. Discharge permits for industrial waste. (a) It shall be unlawful for any significant industrial user or other user as determined by the ±~ authority to discharge industrial waste into the public sanitary sewer system unless an appropriate Industrial Discharge Permit has been issued by the ai~-~g .......................... z' authority. In order to obtain an Industrial Discharge Permit, such person shall: 40 a~ (1) Submit a complete application at least ninety (90) days prior to the date proposed for initial discharge on forms supplied by the a~s~e~-i~g c~E~ authority. The .......................... authority will act upon the application within sixty (60) days. (2) Comply with all requirements for the discharge permit including, but not limited to, provisions for payment of charges, installation and operation of pretreatment facilities and sampling and analysis to determine quantity and strength. (3) Provide a sampling point subject to the provisions of this article and approval of the agi~~ 7~' authority. (4) Comply with the requirements of federal categorical standards, where applicable, including the development of any required compliance schedules or the applicable provisions of this article. (b) An industrial user applying for a new discharge shall meet all conditions of subsection (a) of this section and shall secure a permit prior to discharging any waste. (c) A person not applying for a discharge permit within the allotted time and continuing to discharge an unpermitted discharge shall be deemed to be in violation of this article. (d) A permit issued under this section shall be valid for up to five (5) years from its date of issuance, after which time the industrial user shall be required to obtain a new discharge permit. 41 ~~ ;:.....:.:. 42 ..........................................................................::.::::::::::::::Y.::::::::::::.~ ~.:.:::::::::::::.:.................................~.....................:.........:..~..:.~:::::::::::::::::. 43 ....~.~d... ~ : fi::ti•ii :: ................... 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':i::i:::Si:?%i~:::Si;:;~i:;;i>ii :: >:a :.... .. .:.:::.i:;`:.:»>;:::: '::>::;>::i:i::;:;:i:::;:::;':;;:i::;;; ..:::Yi:>::»<:iii?iX;'»i»i»ii:' i::.:t: ••:iiiiiisi:•; "n" }:{.: itiii}iiiii}>':.i:::>i>i;i::: •.:::..niii: ...................................................................:.....................................................................................:::::::.:.................:... i.i::;~n~,n~~:~ grid ~~~t~ ~~~ ~+~d~~~,~ ~.~~~.~ ~~~~:... ~nc~ ............................................. ec Sec. 18-165. Waiver or modification of requirements of article. ........................... The c~~'~t~~ authority shall have the right to waive or 53 ~~~ modify, on an interim basis to be noted in any permit issued under this article, the requirements of this article as they pertain to strength of contaminants. No such waiver or modification shall be granted contrary to any County, state or federal regulation and no waiver or modification shall be granted, if it would result in the violation of the discharge permit for the plant, as it is now issued or as such permit may be amended. Sec. 18-166. Charged generally. Persons making discharges of industrial waste shall pay a charge to cover the cost of collection and treatment in addition to capital costs. When a permit application for industrial waste is approved, the County or its authorized representative shall issue a permit stating: (a) The terms of acceptance by the County; and (b) The basis of payment. Sec. 18-167. User charges and added costs. (a) If the volume or character of the waste to be treated by the plant meets the requirements of other provisions of this article and does not cause overloading of the sewage collection, treatment or .......................... disposal facilities of the County, the `fi't` authority shall require that the discharger pay a charge to be determined from the schedule of charges which shall include capital costs. (b) If a proposed discharge of waste is responsible for exceeding the existing capacity of the wastewater treatment facilities and the wastewater treatment plant must be upgraded, expanded or enlarged in 54 ~~ order to treat the wastewater, the approving authority shall require that the discharger pay in full all added costs which shall include capital costs the County may incur due to acceptance of the wastewater. (c) The schedule of charges pursuant to subsection (a) of this section shall include, but not be limited to: (1) Capital costs, including debt retirement and interest on debt, of the County's cost on all capital outlays for collecting and treating the waste, including new capital outlay and the proportionate part of the value of the existing system used in handling and treating waste. (2) Operation and maintenance costs (capitalized), including but not limited to, salaries and wages, power costs, costs of chemicals and supplies, proper allowances for maintenance, depreciation, overhead and office expense. Sec. 18-168. Schedule of charges. (a) Persons discharging wastewater shall pay a charge to cover the capital cost and the cost of collection and treatment of all wastewater discharged. (1) All Class I users discharging normal wastewater or Group B wastewater shall pay a user charge computed upon cost per volume of wastewater discharged. (2) All Class II users discharging Group A wastewater shall have their user charge computed upon a cost per unit volume basis for the amount plus the unit cost of treatment for all over the base amount for volume, 55 ,1-~. biochemical oxygen demand (BOD), suspended solids (SS), phosphorus (P) and total Kjeldahl nitrogen (TKN). In computing the contaminant loading, the parameter concentrations for normal wastewater will be considered as standard strength in determining the base amount in the effluent discharge flow. Initially, the responsibility for determining the contaminant loading for each category of establishment will be that of the a~~~g control authority. However, each establishment must verify its own contaminant loading monthly by initiating a sampling and analytical program at its own expense and with the approval of the apf'~~ ........................... `~ authority. ........................... .......................... ........................... (b) The units costs to be used to compute the charge for Class I and II users shall be established by the approving authority. The unit costs for all users and the allowances for normal wastewater for users may be revised as necessary to correspond to current costs and experience. Revisions may be made, no more often than once a year, upon ........................... approval of the ~~authority. The user charge for users shall be computed as follows: Class I Users: Cu = Vu x Vd Class II Users: Cs = Vu x Vd + VSVc + BSBc + SSSc + PSPc + NSNc And: Cu Charge for Class I users Cs = Charge for Class II users Vu = Unit cost of treatment chargeable to normal wastewater ($/1,000 56 ~~ gal.) Vd = Volume of wastewater from normal wastewater (1,000 gals.) Vs = Volume of Class II wastewater (1,000 gals.) in excess of Class I wastewater Vc = Cost of treating 1,000 gals. of Class II wastewater ($/1,000 gal.) Bs = Class II wastewater BOD contribution in excess of Class I wastewater limit (lbs.) Bc = Cost of treating Class II BOD contribution ($/lb.) Ss = Class II wastewater SS contribution in excess of Class I wastewater limit (lbs.) Sc = Cost of treating Class II SS contribution ($/lb.) Ps = Class II wastewater phosphorus contribution in excess of Class I wastewater limit (lbs.) Ns = Class II wastewater unoxidized nitrogen contribution in excess of Class I wastewater limit (lbs.) Nc = Cost of treating Class II nitrogen contribution ($/lb.) Sec. 18-169. Adjustment of charges. (a) The County may adjust charges at least annually to reflect changes in the characteristics of wastewater based on the results of sampling and testing. This adjustment will correspond to charges established by the operating authority for the treatment plant. (b) The County shall review at least annually the basis for determining charges and shall adjust the unit treatment cost in the formula to reflect increases or decreases in wastewater treatment costs based on the previous year's experience. 57 .'~ Sec. 18-170. Billing and payment of charges. (a) The County may bill the discharger by the month or by the quarter and shall show waste charges as a separate item on the regular bill for water and sewer charges. The discharger shall pay in accordance with practices existing for payment of sewer charges. (b) In addition to sanctions provided for by this article, the County is entitled to exercise sanctions provided for by the other ordinances of the County for failure to pay the bill for water and sanitary sewer service when due. Sec. 18-171. Right of entry to enforce article. (a) The a~ cti'7~`c`s authority and other duly authorized .. . . ............. .......................... ........................... employees of the County bearing proper credentials and identification shall be authorized to enter any public or private property at any reasonable time for the purpose of enforcing this article for sampling purposes, inspect monitoring equipment and to inspect and copy all documents relevant to the enforcement of this article, including, without limitation, monitoring reports. Anyone acting under this authority shall observe the establishment's rules and regulations concerning safety, internal security, and fire protection. (b) Appropriate information submitted to the ai~~~ authority pursuant to these regulations excluding any information utilized in determining effluent limits may be claimed as confidential by the submitter at the time of submission by stamping the words "confidential business information" on each page containing such information. If a claim is asserted, the information shall be treated 58 s ~, in accordance with applicable law. (c) No person acting under authority of this section may inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the public sewers. Sec. 18-172. Authority to disconnect service. (a) The County reserves the right to terminate water and wastewater dis posal services and disconnect a customer from the system and revoke any discharge permit issued under this article when: (1) Acids or chemicals damaging to sewer lines or treatment process are released into the sewer causing rapid deterioration of these structures or interfering with proper conveyance and treatment of wastewater; (2) A governmental agency informs the County that the effluent from the wastewater treatment plant is no longer a quality permitted for discharge into a watercourse, and it is found that the customer is delivering wastewater to the County's system that cannot be sufficiently treated or requires treatment that is not provided by the County as normal domestic treatment; or (3) The customer: a. Discharges industrial waste or wastewater that is in violation of the permit issued by the approving authority; b. Discharges wastewater at an uncontrolled, variable 59 Za rate in sufficient quantity to cause an imbalance in the wastewater treatment system; c. Fails to pay bills for water and sanitary sewer services when due; or d. Repeats a discharge of prohibited wastes into public sewers. (4) The permittee has engaged in fraudulent reporting to the a~~= -t`~' authority or failed to report adequately .......................... .......................... .......................... as required changes in discharge. (b) If the service is disconnected pursuant to subsection (a) (2) of this section, the County shall: (1) Disconnect the customer; (2) Supply the customer with the governmental agency's report and provide the customer with all pertinent information; and (3) Continue disconnection until such time as the customer provides additional pretreatment or other facilities designed to remove the objectionable characteristics from this wastes. Sec. 18-173. Notice of violations The County shall serve persons discharging in violation of this article with written notice stating the nature of the violation and requiring immediate satisfactory compliance. The 1'1', authority shall have the authority to publish annually in the Roanoke Times and World News Newspaper or a newspaper of 60 general circulation in the Roanoke area a list of persons which were not in compliance with the terms of this Article at least once during the twelve (12) previous months. sec. 18-174. Penalty for violations. (a) A person who violates the provisions of this article shall be guilty of a Class 1 misdemeanor and upon conviction is punishable by a fine of one thousand dollars ($1,000) per violation per day and confinement in jail for not more than twelve months, either or both. In the event of a violation, the authority shall also have the right to terminate the sewer and water connection. (b) In addition to proceeding under authority of sub-section (a) of this section, the County is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of state statues representations or certifications in any application, record, report, plan or other document files required to be maintained pursuant to this ordinance, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punishable by a fine of $1,000.00 per violation, per day, or imprisonment for not more than one year, or both. (d) The rt'cs authority shall be authorized to implement such other program and enforcement mechanisms as are consistent with regulatory guidelines and are deemed appropriate. 61 Sec. 18-175. Payment of costs for work required by prohibited deposits. In any case where a sewer main or pipe connection is stopped, damaged or choked by any materials or rubbish being deposited therein contrary to the provisions of this article, by any tenant or property owner, upon due ascertainment by the County Administrator, he shall cause the main pipe connection or manhole to be opened, cleaned, replaced or repaired, and shall cause the cost for doing such work to be collected from the property owner. The payment of such cost shall not relieve any person from prosecution for a violation of this article. Sec. 18-176. Public access to data. Effluent data complied as part of the approving amt-~~e~itu's ~# pretreatment program shall be available to the public. 2. That this ordinance shall be in full force and effect from and after its passage. code\sewer.use 62 ' F t ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 ORDINANCE 92893-10 FOR AUTHORIZATION TO ACQUIRE A SANITARY SEWER AND WATER LINE EASEMENT FROM DAIRYMEN, INC. WHEREAS, a permanent sanitary sewer and water line easement across a tract of land owned by Dairymen, Inc., a Kentucky corporation, is required in connection with the T.C.E. Water Project; and, WHEREAS, staff has negotiated with the property owner for the acquisition of said easement and the owner has agreed to accept the sum of $5,317.76; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; ~:he first reading of this ordinance was held on September 14, 1993, and the second reading was held on September 28, 1993. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the acquisition and acceptance of a permanent sanitary sewer and water line easement from Dairymen, Inc. , for the sum of $5,317.76 is hereby authorized and approved; and 2. That the consideration of $5,317.76 shall be paid from the funds previously appropriated by the Board of Supervisors to the Utility Department budget for the T.C.E. Water Project; and, 3. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this acquisition, all of which shall be on form approved by the County Attorney. r 4. That this ordinance is effective immediately upon its adoption. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: ~'~ Gz~-cam, f d - Q-C.!_,C~n..~ Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Cliff Craig, Director, Utilities Paul Mahoney, County Attorney ACTION # ITEM NUMBER _~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1993 AGENDA ITEM: Second Reading of an Ordinance Authorizing Acquisition of a Water and Sewer Easement from Dairymen, Inc. COUNTY ADMINISTRATOR' S COMMENTS : /~~~~~'~-~~f ~~~~ EXECUTIVE SUMMARY• An easement across property of Dairymen, Inc. located along Milk-A-Way Drive and identified as Tax Parcel 27.07-02-02 is required to install public water lines as part of the TCE created water project. BACKGROUND: Staff has negotiated the acquisition of a twenty-foot wide water and sewer line easement for a distance of 578 feet along property owned by Dairymen, Inc. Prior to installing the water line, consideration of $5,317.76 for the easement was offered by the County and accepted by Dairymen, Inc. The consideration reflects the higher value of easements within the set-back area of industrial and commercial zoned property. The water line was installed within this proposed easement in March 1992 in order to provide County residents with potable water. The delay in completing the Deed of Easement is due to Dairymen, Inc. being a Kentucky Corporation whose Board of Directors only meet three times a year. FISCAL IMPACT• Funds are available within the TCE Project to pay the cost of this easement. Z-3 STAFF RECOMMENDATION: Staff recommends the Board of Supervisors adopt the Ordinance after the second reading authorizing the acquisition of the water and sewer line easement from Dairymen, Inc. The first reading was held on September 14, 1993. SUBMITTED BY: '' t Clifford i , P.E. Utility Director APPROVED: Elmer C. Hodge County Administrator Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens ~3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 ORDINANCE FOR AUTHORIZATION TO ACQUIRE A SANITARY SEWER AND WATER LINE EASEMENT FROM DAIRYMEN, INC. WHEREAS, a permanent sanitary sewer and water line easement across a tract of land owned by Dairymen, Inc., a Kentucky corporation, is required in connection with the T.C.E. Water Project ; and, WHEREAS, staff has negotiated with the property owner for the acquisition of said easement and the owner has agreed to accept the sum of $5,317.76; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on September 14, 1993, and the second reading was held on September 28, 1993. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the acquisition and acceptance of a permanent sanitary sewer and water line easement from Dairymen, Inc., for the sum of $5,317.76 is hereby authorized and approved; and 2. That the consideration of $5,317.76 shall be paid from the funds previously appropriated by the Board of Supervisors to the Utility Department budget for the T.C.E. Water Project; and, 3. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this acquisition, all of which shall be on form approved by the County Attorney. 23 4. That this ordinance is effective immediately upon its adoption. .s- y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 ORDINANCE 92893-11 AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR ELECTRIC SERVICE ACROSS VINYARD PARR PROPERTY OWNED BY THE BOARD OF SUPERVISORS WHEREAS, the County of Roanoke Department of Parks and Recreation is developing soccer fields and related facilities on the property owned by the Roanoke County Board of Supervisors, located along Virginia Route No. 635 (Berkley Road) in the Town of Vinton and the City of Roanoke, known as Vinyard Park; and, WHEREAS, Appalachian Power Company (APCO) requires a right of way for an overhead line across Vinyard Park to provide electric service for lighting the soccer fields, as shown on APCO Drawing No. R-3007, dated August 13, 1993, and, WHEREAS, the proposed right of way will serve the interests of the public and is necessary for the public health, safety, and welfare of citizens of the County of Roanoke. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on September 14, 1993; and a second reading was held on September 28, 1993. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company for the provision of electrical service in connection with Roanoke County's Vinyard Park development. 3. That donation of a right-of-way for an overhead line across Vinyard Park to provide electric service for lighting the soccer fields, as shown on APCO Drawing No. R-3007, dated August 13, 1993, to Appalachian Power Company is hereby authorized. 4. That the County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective retroactively on and from the 1st day of September, 1993. 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 A COPY TESTE: `~'7«--'1-~~+ ~ - Q Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Cliff Craig, Director, Utilities Paul Mahoney, County Attorney ACTION NO. ITEM NO. ~"~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1993 AGENDA ITEM: ORDINANCE AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR ELECTRIC SERVICE ACROSS VINYARD PARK PROPERTY OWNED BY THE BOARD OF SUPERVISORS COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY' This is the second reading of the proposed ordinance to authorize donation of an easement to Appalachian Power Company (APCO) for an overhead electric service line(s) across Vinyard Park for lighting the soccer fields. BACKGROUND' The County of Roanoke Department of Parks and Recreation is developing soccer fields and related facilities on the property owned by the Roanoke County Board of Supervisors, located along Virginia Route No. 635 (Berkley Road) in the Town of Vinton and the City of Roanoke, known as Vinyard Park. SUMMARY OF INFORMATION: Installation of electric transmission lines has been necessary to provide lighting to the soccer fields at Vinyard Park. Pursuant to previous authorization by the Board, construction has been completed in order to have the facilities operational by September 1, 1993. Appalachian Power Company (APCO) requires a right of way for the overhead electric line(s) across Vinyard Park as shown on APCO Drawing No. R-3007, dated August 13, 1993. FISCAL IMPACTS' Consideration for the proposed easement is the sum of $1.00. ALTERNATIVES' (1) Adopt the proposed ordinance authorizing the County Administrator to execute the necessary documents for donation of the electric service line(s) easement as shown on APCO Drawing No. Z.y R-3007, dated August 13, 1993, to Appalachian Power Company, effective September 1, 1993. (2) Decline to authorize donation or conveyance of the easement. STAFF RECOMMENDATION: Staff recommends that the Board adopt the proposed ordinance as provided in Alternative #1. Respectfully submitted, Vi kie L. Huff Assistant Count Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Eddy Johnson Kohinke Nickens Minnix Vote No Yes Abs '~` L.'~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 ORDINANCE AIITHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR ELECTRIC SERVICE ACROSS VINYARD PARR PROPERTY OWNED BY THE BOARD OF SUPERVISORS WHEREAS, the County of Roanoke Department of Parks and Recreation is developing soccer fields and related facilities on the property owned by the Roanoke County Board of Supervisors, located along Virginia Route No. 635 (Berkley Road) in the Town of Vinton and the City of Roanoke, known as Vinyard Park; and, WHEREAS, Appalachian Power Company (APCO) requires a right of way for an overhead line across Vinyard Park to provide electric service for lighting the soccer fields, as shown on APCO Drawing No. R-3007, dated August 13, 1993, and, WHEREAS, the proposed right of way will serve the interests of the public and is necessary for the public health, safety, and welfare of citizens of the County of Roanoke. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on September 14, 1993; and a second reading was held on September 28, 1993. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power ~y Company for the provision of electrical service in connection with Roanoke County's Vinyard Park development. 3. That donation of a right-of-way for an overhead line across Vinyard Park to provide electric service for lighting the soccer fields, as shown on APCO Drawing No. R-3007, dated August 13, 1993, to Appalachian Power Company is hereby authorized. 4. That the County Administrator is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective retroactively on and from the lst day of September, 1993. ACTION NO. f ITEM NUMBER ~+ "w ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COIINTY~ VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1993 AGENDA ITEM: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Grievance Panel Two-year term of Joy A. Herbert, Alternate will expire October 10, 1993. Ms. Herbert is moving out of the Roanoke Valley and is not eligible to serve another term. 2. Industrial Development Authority Four-year term of W. Darnall Vinyard will expire September 26, 1993. He is eligible for reappointment. 3. Planning Commission Four-year unexpired term of Ronald L. Massey, Hollins Magisterial District. His term will expire December 31, 1995. Attached is Mr. Massey's letter of resignation. 4. Regional Cable TV Committee Three-year unexpired term of Thomas E. Finton, citizen representative. His term will expire June 11, 1995. Attached is Mr. Finton's letter of resignation. Submitted by: ~ ~. Mary H. Allen, CMC Clerk to the Board Approved by: l~ Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens ~'- 3 September 1, 1993 Mr. Bob Johnson Hollins District Representative Roanoke County Board of Supervisors 6628 Northway Drive Roanoke, VA 24019 Dear Bob: It is with mixed emotions that I inform you of my resignation from the Roanoke County Planning Commission effective September 30, 1993 . My current employer, First Union National Bank, has offered me a promotion that will require me to relocate to Charlotte, NC. While I am excited about working in the corporate headquarters of .the eighth largest bank in the United States, it will be very difficult to leave my life long home, the Roanoke Valley. I certainly appreciate the opportunity that you have given me through the appointment to the commission. It has truly been one of the most rewarding experiences of my life. While the work has been difficult and sometimes frustrating, it has been a pleasure to work with the Board, my fellow commissioners, the fine county staff and the citizens of Roanoke County. By serving for the .past five years, I have attempted to give something back to the community that has given so much to me and my family. While the accomplishments of the Commission have been few in number, their long term impact will have a major influence on the future of the county. The Smith Gap Landfill, the Explore Park, the new Zoning Ordinance and the new Zoning Maps are just a few of the accomplishments of the past five years. I will be available to assist my replacement in any way that I can in order to ensure an orderly .transition. Thanks again and best wishes to you in your future endeavors. Sincerely, Ronald L. Massey CC Terry Harrington Planning Commission Members S-~{ September 22, 1993 r1r . Lee Eddy 2211 Pommel Prive, S.W. P,oanolce , Virginia 24018 Thomas E. Finton 2219 Sorrel Lane, S.W. Roanoke, Virginia 24018 i X81 i,ee For almost a year and a half I have served on the Roanoke Valley Regional Cable Television Committee as an at-large member for the County of Roanoke. I took this charge, bestowed upon me by you and the County Board of Supervisors, seri- ously, and have done my best to provide professional video expertise to the man- agement of the governmental access channel for the Roanoke area served by Cox Cable Roanoke. Even though it is an honor to serve, I find it necessary to resign this position for two reasons. T~nThen you and I first talked concerning my appointment, my ma- jor concern was when the meetings would be held. i was concerned with this be- cause of my heavy class schedule and professional duties at Virginia Western Community College. Recently, I have had to miss several meetings because of the time at which the meetings have been scheduled. I just do not have the flex- ibility within my work schedule to attend meetings at a variety of times. Secondly, I find that the demands on my time at work have increased signifi- cantly during the past year. As much as I have enjoyed the challenge of serving on this committee, I must place my professional duties as a Virginia Western Community College Program Head first. Thank you for the opportunity to have served the citizens of Roanoke County. Sincerely, Thomas E. Finton cc: Howard Prhisser, Chairperson Roanoke Valley Regional Cable Television Committee w ~ / -,2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 14, 1993 RESOLUTION 92893-12 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SIIPERVISORS 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 September 14, 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 6, inclusive, as follows: 1. Approval of Minutes - August 24, 1993 2. Acknowledgement of Acceptance of 0.16 Miles of Whipplewood Court into the Secondary System by the Virginia Department of Transportation. 3. Request for Approval of a Raffle Permit and One- Time Bingo Game from the Penn Forest Elementary School PTA. 4. Request for Approval of a Raffle Permit from the National Wild Turkey Federation. 5. Request for Approval to Hire Outside Counsel for the Cable TV Committee. 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 Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None A COPY TESTE: '~')a~.-~-fi .J~ Mary H. lien, Clerk Roanoke County Board of Supervisors CC: File Paul M. Mahoney, County Attorney .. _ ~~ '- ,,,~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBE 28, 1993 RESOLUTION 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 September 28, 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 2, inclusive, as follows: 1. Confirmation of Committee Appointments to the Grievance Panel, the Industrial Development Authority and Virginia Western Community College Board. 2. Authorization to Pay Certain Legal Fees for Firetruck Litigation with Grumman Aircraft Company. 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. ACTION NO. 92893-12.a ITEM NUMBER '" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1993 AGENDA ITEM: Confirmation of Committee Appointments to the Grievance Panel, the Industrial Development Authority and Virginia Western Community College Board COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nominations were made at the September 14, 1993 meeting. 1. Grievance Panel Supervisor Nickens nominated Cecil Hill to another two-year term which will expire September 27, 1995. 2. Industrial Development Authority Supervisor Minnix nominated Billy Branch to another four-year term which will expire September 26, 1997 3. Virginia Western Community College Board There was Board consensus to nomination Geoffrey Ottaway to the unexpired four-year term of Patrick Shafner. The term will expire June 30, 1995. RECOMMENDATION' It is recommended that the above appointments be confirmed by the Board of Supervisors. Respectfully submitted, Mary H. Allen Clerk Approved by, ~~ Elmer C. Hodge County Administrator ~, . K- ---------------------------------------------------------------- ACTION VOTE Approved (~ Motion by: Kohinke No Yes Abs Denied ( ) Eddy x Received ( ) Johnson X Referred ( ) Kohinke X To ( ) Minnix X Nickens X CC: File Grievance Panel File Industrial Development File Virginia Western Community College Board L ~ ACTION NO. 92893-12.b ITEM NO. ~" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1993 AGENDA ITEM: Authorization to Pay Certain Legal Fees Grumman Aircraft Company - Firetruck Litigation COUNTY ADMINISTRATOR'S COMMENTS: /~ EXECUTIVE SUMMARY' The County agreed to share with the Town of Vinton the legal expenses for the litigation with Grumman Emergency Products Inc. over the defective ladder on the aerial fire truck. BACKGROUND' In November of 1991, the Board agreed to join with the Town of Vinton in legal action against Grumman Emergency Products, Inc. and other possible defendants over the defective ladder on the aerial fire truck which the County had jointly funded with the Town. Since this vehicle is titled to the Town of Vinton it was agreed that the Town Attorney should handle this litigation. The fees thus far approved by the Board are as follows: February 11, 1992 $ 1,151.95 March 24, 1992 1,437.59 May 26, 1 992 2,363.43 June 23, 1992 1,779.16 September 8, 1992 228.71 September 22, 1992 868.75 October 2 7, 1992 941.00 December 1, 1992 289.00 December 15, 1992 843.00 February 23, 1993 3,835.00 March 23, 1993 6,648.60 April 4, 1993 480.10 1 May 25, 1993 June 3, 1993 July 2, 1993 July 9, 1993 Total FISCAL IMPACTS• 1,315.36 751.00 645.92 59.38 (Grainger) $23,637.95 K-~ $379.25 (August 31, 1993 statement) in current fees to be paid from the Potential Litigation Account. STAFF RECOMMENDATION: It is recommended that the Board of Supervisors authorize the payment of this invoice from the Board's Potential Litigation Account. Respectfully submitted, '" 1.-~ ~. Paul M. Mahoney '~ County Attorney Action Vote No Yes Abs Approved ~~ Motion by Kohinke to authoriz~ddy X Denied ( ) payment Johnson X Received ( ) Kohinke X Referred Nickens X to Minnix X cc: Diane Hyatt Paul M. Mahoney c;\wp51\agenda\generalVegal.fee 2 4 TOWN OF VINTON P. 0. BOX 338 VINTON, VIRGINIA 24179 PHONE 1703) 983-0608 FAX (703) 983-0621 September 14, 1993 TO: Joe Obenchain, Senior Assistant County Attorney County of Roanoke POB 29800 Roanoke, VA 24018-0798 `:` ~ 1 l ~ ~ ,. _~ ~i Y .... ~ ...... l JOAN B. FURBISH FINANCE DIREyC,~TOR~/^TyREASURER t4° C~ STATEMENT Statement From Natkin, Heslep, Siegel and Natkin, PC For Professional Services Rendered Regarding Litigation With Grumman Aircraft Company August 31, 1993 Statement -- $758.50 Fifty Percent (50%) Due From Roanoke County To Town of Vinton $379.25 DUE UPON RECEIPT MAKE CHECK PAYABLE TO: TOWN OF VINTON cc: Diane D. Hyatt N-/ COUNTY OF ROANOKE, VIRGINIA GENERAL FUND UNAPPROPRIATED BALANCE Amount Beginning Balance at $4,512,763 July 1, 1993 (Unaudited) Original 1993-94 Budget Addition to reserve 80,668 Original 1993-94 Budget Previously reserved for employee benefits and new administration building (886,182) % of General Fund Exuenditures July 27, 1993 Reserved for ISTEA match (49,200) August 24, 1993 VDOT Revenue Sharing Match 25 000 Balance at September 28, 1993 3 633 049 4_ Submitted By Diane D. Hyatt Director of Finance Note: On December 18, 1990, the Board of Supervisors adopted a goal statement to maintain the General Fund Unappropriated Balance at 6.25% of General Fund revenues ($77,411,447). N-~ COUNTY OF ROANOKE, VIRGINIA CAPITAL FUND UNAPPROPRIATED BALANCE July 13, 1993 Beginning Balance at July 1, 1993 $90,464 (Unaudited) Northside High School Ball Fields 62 000 Balance as of September 28, 1993 ~ 464 Submitted by ~,~~ ~.~ Diane D. Hyatt Director of Finance N-3 COUNTY OF ROANOKE, VIRGINIA RESERVE FOR BOARD CONTINGENCY July 13, 1993 Beginning Balance at July 1, 1993 $100,000 Clerk of Circuit Court New Position 26 400 Balance as of September 28, 1993 $$ 7_ Submitted by Diane D. Hyatt Director of Finance ACTION # ITEM NUMBER - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1993 AGENDA ITEM: Accounts Paid -August 1993 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors: Payroll: 8/13/93 8/16/93 8/27/93 $3,086,920.64 $ 481,231.16 46.32 496.676.94 978,245.42 $4,065,166.06 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. SUBMITTED BY: APPROVED: Diane D. Hyatt Elmer C. Hodge Director of Finance County Administrator ACTION VOTE Approved () Motion by: No Yes Abs Denied () Eddy _ _ _ Received () Johnson _ _ _ Referred () Kohinke _ _ _ To () Minnix _ _ _ Nickens ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1993 AGENDA ITEM: September Report on 1991 Water Projects COUNTY ADMINISTRATOR' S COMMENTS : ~,~~ ,~L -~,%` BACKGROUND' In order to keep the Board of Supervisors informed, staff will provide a monthly report on the progress of the Spring Hollow Reservoir Project, Water Treatment Plant Project and the Water Transmission Line Project. SPRING HOLLOW RESERVOIR PROJECT The construction of the reservoir is now in its twenty second month and the project is on schedule. Construction activity during the last month included: ° Continued work on gate house ° Started slip forming of withdrawal tower ° Set pumps at river pump station ° Began final clearing and grubbing ° Constructed pump station access road. The current project contract total costs including existing and pending change orders is $25,044,000. This cost remains unchanged from the previous report. Funds expended to date for the construction phase of the reservoir are $22,699,643.13 and $1,493,769.92 for engineering construction phase services. During the next month, the contractor will perform the following: ° Complete construction of the intake tower ° Continue the pump station pump control room construction ° Continue gate house construction. ° Complete final clearing and grubbing WATER TREATMENT PLANT The Water Treatment Plant continues in the design phase. Activity during the last month included: ° Plans and operational data are currently under review by the County and State. /,l The pilot water treatment plant was not operated last month and remains on standby. The plant will only be operated if the Health Department requests additional specific operating data or demonstration of treatment processes. During the next month, staff will perform the following: ° Work on equipment specifications and contract documents ° Complete construction drawings WATER TRANSMISSION LINE The following work continues on the Water Transmission Line: ° Title certification ° Easement negotiation ° Obtaining easements ° Preparation of construction drawings. ° Bid first section of transmission line from Starkey to Route 221 Work will continue on acquisition of easements during the next month. SUBMITTED BY: Cliffo ig, P.E. Utility Director APPROVED: .~~~ ~/ Elmer C. Hodge County Administrator Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION VOTE No Minnix Johnson Kohinke Eddy Nickens Yes Abs r ACTION # ITEM NUMBER / ` ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: Tuesday, September 28, 1993 AGENDA ITEM: Status Report on Roanoke Valley Resource Authority Solid Waste Facilities COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Attached is a status report that was presented to the Roanoke Valley Resource Authority at its September 16 meeting. This status report gives an update on all phases of the project. Respectfully submitted: / , ` , __ ~.., ~/ ~ ~,. '`John R. Hubbard Chief Executive Officer Roanoke Valley Resource Authority ----------------------------------------- Approved ( ) Motion by: Denied ( ) Received ( ) Referred ( ) to No Eddy _ Johnson _ Kohinke _ Minnix _ Nickens Yes Abs /~/ - C~ MEETING: September 16, 1993 PROJECT: Master Schedule STATUS: Progress continues with some minor delays, however, still behind schedule. Below is a brief description of the status of each portion of work. Smith Gan: . Rough Grading: Grading progress in the fill areas has been good. Excavation of the leachate tank area has been delayed due to rock. Delays in completion will occur. . Tipper Station: Metal building structures are being erected along with continued concrete work. Masonry work is also underway. Progress should improve. . Landfill Liner: Soil liner material continues to be crushed and stock piled. Soil liner material is being placed in portion of the landfill. The synthetic liner will begin to be installed by the end of September. . Utilities: Water lines and storage tank are being installed. Leachate collection system has not begun to date, due to delays in final grading of the tank site. . Water Well Supply: Two wells have been drilled with one producing a useable quantity of 9 gallons per minute. Construction of the well house is being planned. . Gas Monitoring Wells: Gas monitoring wells are being prepared for bidding. No bid date set at this time. . Paving: Ready for bidding, but will wait until major construction is complete. Transfer Station / `~ . Building: Masonry work is near completion on both buildings. Final grading, placement of topsoil, landscaping and road work is underway. Office areas are under construction. The transfer building is near completion with only doors, windows and minor items remaining. Rail Transportation: . Rail Spur: Should be complete soon. All rail laid with only alignment and placement of ballast remaining. . Stone Track: Complete, with alignment and ballast remaining. . Rail Cars: Under production at this time with delivery scheduled for late September. Some delays have occurred. Equipment: . Heavy Machinery: All equipment has been ordered with delivery of most by October. Schedule: The system is expected to be operational by the end of November pending no major delays. Attached is a summary of the project schedule and status. Respectfully submitted: John R. Hubbard, P.E. Chief Executive Officer ~ `~ V II PROJECT STATUS ROANOKE VALLEY RESOURCE AUTHORITY MASTER SCHEDULE BOND PROCEEDS ONLY FINANCIAL STATUS COMPONENT ESTIMATED COSTS ACTUAL TO DATE % TOTAL Landfill S 12,046,204 $2,637,667 19% Transfer 6,297,614 $2,169,881 28°ib Transportation 9,000,000 -0- 0% TOTAL 527,343,818 S4,807,548 18°k ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1993 AGENDA ITEM: Bond Project Status Report COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Attached is narrative overview of the bond projects approved in the 1992 Bond Referendum (Attachment A) and a time line for the projected/actual activity of the various work components (Attachment B). FISCAL IMPACT• None. STAFF RECOMMENDATION: Questions may be directed to either the specific project coordinator listed on the time line worksheet or John Chambliss. Respectfully s bmitted, Appro~d by 1 ~ '/V Jc~n M. Chambliss, Jr. ~ ~ Elmer C. Hodge Assistant County Administrator County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens N7 BOND PROJECT UPDATE Attachment A September 28, 1993 1992 BOND REFERENDUM PROJECTS PROJECT HIGHLIGHTS NORTH COUNTY LIBRARY The design team continues to make progress with design development, and will soon be prepared to move to the construction documents phase. Site plan has received preliminary review and is scheduled for presentation to County departments for formal review. The project architect is preparing a model of the project for public viewing in late September or early October. Perspective drawings of the exterior were produced in late August. Collection of information regarding potential furnishings and fixtures continues, as does an assessment of utilization of current furnishings. DIXIE CAVERNS LANDFILL Consultant interviews are being conducted by the Selection Committee. PARKS AND RECREATION Walrond Park -Engineering for the two baseball fields and one soccer field have been approved and bids will be received in September for the final grading. Lighting -The lights on the Vinyard soccer fields were completed on August 31. Contracts have been awarded for the replacement lights at the Career Center and for the new lights for the baseball field at Starkey Park. Further review of the bids with the vendor is occurring for Byrd baseball field and Garst Mill. FIRE HYDRANT This project is three months ahead of schedule with eight hydrants installed to date. Due to increase in materials costs, new DOT requirements and other unexpected expenditures, this project probably will not meet the goal of 71 hydrants. do anticipate the installation of 50 or more hydrants with the monies N-7 BOND PROJECT UPDATE Attachment B September 28, 1993 NORTH COUNTY LIBRARY BUDGET CONTRACT EXPENDITURES TO DATE S 1,500,000 S 26,694.20 PROJECT COORDINATOR: SPENCER YATTS ACCOUNT CODE: 104030 TASK A & E PLANNED PROPOSALS DESIGN ACTUAL BIDS PLANNED ACTUAL CONSTRUCTION PLANNED ACTUAL TOTAL PLANNED ACTUAL 1 9 9 3 1 9 9 4 APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR COMMENTS: The design team continues to make progress with design development and will soon be prepared to move to the construction documents phase. Site plan has received preliminary review and is scheduled for presentation to County departments for formal review. The project architect is preparing a model of the project for public viewing in late September or early October. Perspective drawings of the exterior were produced in August. Collection of information regarding potential furnishings and fixtures continues, as does an assessment of utilization of current furnishings. 1 N-? BOND PROJECT UPDATE Attachment B September 28, 1993 DIXIE CAVERNS LANDFILL CLOSEOUT BUDGET CONTRACT EXPENDITURES TO DATE S 2,750,000 PROJECT COORDINATOR: GEORGE SIMPSON ACCOUNT CODE: 104040 TASK 1 9 9 3 1 9 9 4 BUDGET APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR RFP PLANNED ENGINEERING SERVICES ACTUAL SELECT PLANNED CONSULTANT ACTUAL PRELIMINARY PLANNED ENGINEERING ACTUAL PREPARE PLANNED CONSTRUCTION DOCUMENTS ACTUAL ADVERTISE PLANNED FOR BIDS ACTUAL AWARD CONTRACT PLANNED ACTUAL CONSTRUCTION PLANNED ACTUAL SUBSTANTIAL PLANNED COMPLETION ACTUAL PROJECT PLANNED CLOSEOUT ACTUAL TOTAL PLANNED ACTUAL COMMENTS: Consultant interviews are being conducted by the Selection Committee. 2 N-~ BOND PROJECT UPDATE Attachment B September 28, 1993 DRAINAGE PROJECTS -SIERRA DR/FENWICK DR BUDGET CONTRACT EXPENDITURES TO DATE S 90,000 PROJECT COORDINATOR: BUTCH YORKMAN ACCOUNT CODE: 104050 TASK 1 9 9 3 1 9 9 BUDGET APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR 4 II I DESIGN I PLANNED MEET WITH PLANNED CITIZENS ACTUAL BID, PRE-BID PLANNED CONFERENCE ACTUAL AWARD PLANNED CONTRACT ACTUAL CONSTRUCTION PLANNED ACTUAL I TOTAL ACTUAL PLANNED ACTUAL COMMENTS: 1. No easements needed. 2. Coordinate with VDOT (95~ Project in VDOT RW) 3 BOND PROJECT UPDATE Attachment B September 28, 1993 DRAINAGE PROJECTS -GREEN VALLEY BUDGET CONTRACT EXPENDITURES TO DATE S 75,000 S 97,500 PROJECT COORDINATOR: BUTCH YORKMAN ACCOUNT CODE: 104050 N-~ TASK 1 9 9 3 1 9 9 4 APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR DESIGN PHASE PLANNED II ACTUAL MEET N/VDOT PLANNED & CITIZENS PHASE I ACTUAL H MEET NIT PLANNED CITIZENS - PHASE lI AWARD CONTR.- PHASE I ACTUAL CONSTRUCTION TOTAL PLANNED ACTUAL 22,000 COMMENTS: 1. No permanent easements needed. 5. Phase 1 - 57,500 from F 8 N & 515, 000 from 2. Phase I Murray Run below F & N Bldg. F (Upstream from Phase II) Drainage Budget; Phase II - 575,000 from Bond 3. Phase II Trunk line along Colony Ln. & drainage easement 6. P-120 to be constructed with Phase II 4. Discuss curb & gutter option w/VDOT along portion of Colony Ln. 7. Phase I to be constructed under hourly rate contract. Phase [ is complete and approximately 522,000 was spent. Also Project #P-120, which involved opening a drainage ditch on Colony Lane, has been completed. 4 BOND PROJECT UPDATE Attachment B September 28, 1993 DRAINAGE PROJECTS -NOTTINGHAM HILLS AREA BUDGET CONTRACT EXPENDITURES TO DATE S 45,000 PROJECT COORDINATOR: BUTCH WORKMAN ACCOUNT CODE: 104050 n~ TASK 1 9 9 3 1 9 9 4 BUDGET APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR PRELIMINARY PLANNED ENGINEERING (FIELD) ACTUAL MEET WITH PLANNED CITIZENS ACTUAL HOURLY PLANNED CONSTRUCTION CONTRACT ACTUAL TOTAL PLANNED ACTUAL COMMENTS: 1. No permanent easements needed 2. To be in conjunction with P-103 3. Projects are in three (3) locations - Cave Spring Ln., Cynthia Dr., & Farmington Dr. 5 BOND PROJECT UPDATE Attachment B September 28, 1993 DRAINAGE PROJECTS - MT. VERNON HEIGHTS BUDGET CONTRACT EXPENDITURES TO DATE S 20,000 PROJECT COORDINATOR: BUTCN YORKMAN ACCOUNT CODE: 104050 N-`1 TASK 1 9 9 3 1 9 9 4 BUDGET APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR SELECT PLANNED SURVEYING FIRM ACTUAL ACTUAL SURVEY PLANNED ACTUAL DESIGN PLANNED ACTUAL MEET KITH PLANNED CITIZENS ACTUAL HOURLY PLANNED CONTRACT ACTUAL CONSTRUCTION PLANNED ACTUAL TOTAL PLANNED ACTUAL COMMENTS: 1. No permanent easements needed 6 BOND PROJECT UPDATE Attachment B September 28, 1993 STORMWATER MANAGEMENT MASTER PLAN BUDGET CONTRACT EXPENDITURES TO DATE S 300,000 PROJECT COORDINATOR: GEORGE SIMPSON ACCOUNT CODE: 104050 n `~ TASK 1 9 9 3 1 9 9 4 BUDGET APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APPLY FOR PLANNED FEMA GRANT OF ATCHING FUNDS M CTUAL RFP PLANNED ............ ............ ENGINEERING SERVICES ACTUAL SELECT PLANNED CONSULTANT ACTUAL PRELIMINARY PLANNED ENGINEERING ACTUAL PREPARE PLANNED WATERSHED PLANS ACTUAL REGIONAL PLANNED POLICY ACTUAL REMEDIAL PROJ. PLANNED INVESTIGATION ACTUAL REMEDIAL PROJ. PLANNED CONSTRUCTION ACTUAL TOTAL PLANNED ACTUAL COMMENTS: The County is awaiting notification from FEMA on approval of matching monies. 7 BOND PROJECT UPDATE Attachment B September 28, 1993 PARKS AND RECREATION PROJECTS BUDGET CONTRACT EXPENDITURES TO DATE S 1,750,000 PROJECT COORDINATOR: JOHN CHAMBLISS ACCOUNT CODE: 104209, 104201, 104203 104204 r~ TASK 1 9 9 3 1 9 9 4 BUDGET APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR 41ALROND PARK PLANNED 1 00 3 0 ENG> ?E#G> BID::> Gi~N GOHi. EOH SOCCER FIELD ACTUAL ENG€€€ <GOEi< EI~EG>> NALROND PARK PLANNED 62,000 ~~tG€ f~EG> Htfl€€~ ~::::N €.:CiS.:::. z€€' dN:> .:: C.....,:: ':GOFt> ,,........... 2 BASEBALL FIELDS ACTUAL ............. ............ ............ ............. >~~1~E~ ............. ............ '.€'.€€CC~N':€'.€'. #€'.€~I~Gz ORTHSIDE LANNED 2 000 ............ ............. ............ ............. ............ :::GOH::: ............. ............ ............. ............ ............. ::EflN::: ............ ............. ............ ............. ............ ::GGiN:: REALIGN FIELDS :i;<:::>::::: : ~ ~::>::::>: ~ :r,> :>:• ACTUAL 8 898 ..ii~FG::. ............ ............. ~ <» ~> ...~...G... ............. ............ < ...GQN... ............ ............. "' ...CON... . : ..~R~N... ONSACK PARK LANNED 0,000 ............ ............. ............ ............. ............ GON ............. ............ ............. ............ ............. G!~h1 ............ ............. ............ ............. ............ EOl1 BALL FIELD " " ACTUAL >~'EAEG` ENG< ............ ............. &I~tG[ ............. ............ B~IG ............ ............. '~ : N ? ...E...G... ONSACK PARK LANNED 5,000 ............ ............. ............ ............. ............ eOH ............. ............ ............. ............ ............. :':.CON ............ ............. ............ ............. ............ ~i~~;; PICNIC SHELTER ACTUAL `ENG> h1~EG< BaD ............. ............ `<~f0'` ............ ............. ............. ............ ONSACK PARK LANNED 0 00 ............. ............ ............. ............ ............. ............ GDN::: ............ ............. ............ ............. ............ ............. ::GLlN::: ............. ............ ............. ............ ............. ............ ::33SE:: PLAYGROUND EQUIPMENT ACTUAL ::ENG:> VINYARD PARK I PLANNED 62 000 ENE't BID E[lN GCiN< E~N 2 BASEBALL FIELDS ACTUAL "?~If~iEE` ............ i81~EG:< ............. VINYARD PARK I PLANNED 150,000 >°GON <GiaN'<° >`:~~E> 0 C R LIGHT S C E FIELD ACTUAL 8 413 ::::: )itG:::.> :~ ....::. :;>:B:C#I:<: .:.......... ;<::NIp::: ............ ::'::~ijN>: ............. :':`:£BN::: ............ :::ll;tr::[: ............. ::>E::>::>: ............ <::lk:<::~: ............. ;<:N<::'::::>: ............ ::`::P:€:>:::>: ............. :::L:€::>::> ............ ` ::>~~`::.. ............. '~fl>> .. ........... TOTAL PLANNED 402 000 ACTUAL COMMENTS: Northside - Engineering work has been completed. The piping contractor has installed the storm eater drainage system, sanitary sewer line and domestic water line for the property. Grading work is progressing so that the final work may be completed this fall. Bonsack Park - The engineering for the development of a baseball field at this site is being reviewed by the County Development Review process. Construction activity should begin in the early fall. The school is assisting in obtaining the appropriate access to this site. Staff met with the community civic league to obtain input in the play apparatus and picnic shelter scheduled for this site. Various stages of work will occur during this Sumner/fall. Ualrond Park -Branch Highways has completed the removal of dirt from the development site and the final engineering is being completed. Engineering for the 2 baseball fields and 1 soccer field have been approved and bids will be received in September for the final grading. Final construction should occur during the fall of 1993. 8 BOND PROJECT UPDATE Attachment B September 28, 1993 PARKS AND RECREATION PROJECTS BUDGET CONTRACT EXPENDITURES TO DATE S 1,750,000 PROJECT COORDINATOR: JOHN CNAMBLISS ACCOUNT CODE: 104204, 104210, 104212 104205, 104207 N-~ TASK 1 9 9 3 1 9 9 4 BUDGET APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR VINYARD PARK I PLANNED 25 000 :::EkfG::. _ B:ED;:: ::.G(0 .:.:. :........... PARKING ACTUAL ENG> VINYARD PARK I PLANNED 25,000 ............ ;..1rN. ............. ..:. ........:::. ::........:: ............ RESTROOM UTIL ACTUAL EkEG> ':~1ENG':'.'. VINYARD PARK I PLANNED 50 000 E1QG:: ::E1fG::: ::B.:D>: :.CO ..... ............ LIGHT BASEBALL ACTUAL ............. ............ ............. ............ ............. VINYARD PARK I PLANNED 25,000 '.:?'.:~1tG €E#fG; `< ~ T~z :;:8 ....:... €GE7Hi :........... ............. [€[C~N€€ CONCESSION/ STORAGE ACTUAL MT. PLEASANT PLANNED 40 000 zi~~Gy ;~~~?3E >C~fDs> PARK BALL FIELD ACTUAL STONEBRIDGE PK PLANNED 25 000 ............ :EEG: ............. ::sE.NG::: ............ ::BID::: .::C..N.:. .:........... RESTROOM UTIL. ACTUAL ............ ............. ............. ............ ............ ............. YRD SCHOOL LANNED 0, 000 ............ ............. ............ ............. ............ GON ............. ............ ............. ............ ............. `~tSN.„ ............ ............. ............ ............. ............ kiS~':> LIGHT BASEBALL ;;»: » FIELD ACTUAL :::EIICr::> ::>BiD«: <::B:T1I::: ; ti .. S.i..... > ~l~llr ... WHISPERING PLANNED 31,000 :;:`#~kG:::: :6ID<: ::CSSN:::; :::;;GON,:;:. ,':;C.O.N:;,. PINES PK. - BASEBALL FIELD ACTUAL 632 Ei~G; '<:>tNG?: TOTAL PLANNED 281 000 ACTUAL COMMENTS: Lighting -Bids were opened on June 11 for the lighting of five sports complexes in Roanoke County. The Lights on the Vinyard soccer fields were completed on August 31. Contracts have been awarded for the replacement lights at the Career Center and for the new lights for the baseball field at Starkey Park. Further review of the bids with the vendor is occurring for Byrd baseball field and Garst Mill. Vinyard Park -Engineering services for the baseball fields and improvements at Whispering Pines Park have been awarded and are due for review by September. 9 BOND PROJECT UPDATE Attachment B September 28, 1993 PARKS AND RECREATION PROJECTS BUDGET CONTRACT EXPENDITURES TO DATE S 1,750,000 PROJECT COORDINATOR: JOHN CHAMBLISS ACCOUNT CODE: 104207, 104211, 104206, 104213, 104202 N7 WHISPERING PLANNED 36 000 PINES -TENNIS/ BASKETBALL CT ACTUAL GREEN HILL PK PLANNED 30.000 2 PICNIC GARST MILL PK PLANNED 124,000 EFIG HD GOH€ ;[[G15N: :[~iS~€ LIGHT 2 BALL I S F ELD ACTUAL WINDSOR HILLS PLANNED 50,000 AREA PURCHASE LAND ACTUAL NDSOR HILLS ANNED 000 ............ ............. ............ ............. ............ ............. ............ >ENG::~: ............ ............. ............ ............. ............ ............. ............ ............. :>: NG::: ............. ............ ............. ............ ............. ............ ............. ............ :>:6:iII::: ............ AREA - 2 BALL FIELDS ACTUAL ARKEY PARK ANNED 000 ............ ............. ............ ............. ............ ............. ............ Gt'!N? ............ ............. ............ ............. ............ ............. ............ ............. >t3~E'_ ............. 2 BASEBALL FIELDS ACTUAL 22,656 `:1^s[ TOTAL PLANNED 449 000 ACTUAL 12,829 COMMENTS: Starkey Park -The baseball field has been constructed, the piping installed to improve drainage in the middle of the park, and the soccer field re-oriented to provide two soccer fields at this site. Future work will include correcting erosion problems along the creek to preserve our investment in this park and providing utilities for future restroom facilities. 10 BOND PROJECT UPDATE Attachment B September 28, 1993 PARKS AND RECREATION PROJECTS BUDGET CONTRACT EXPENDITURES TO DATE S 1,750,000 PROJECT COORDINATOR: JONN CHAMBLISS ACCOUNT CODE: 104202, 104214, 104218, 104220, 104219 ~~ STARKEY PARK PLANNED 25,000 li~G::; ~i1GS BTIY €G~N€€ Ct~61€ RESTROOM UTIL ACTUAL TENNIS COURT PLANNED 210 400 Btu GQN GL3N' ~~£Nfr:: RENOVATIONS >:>:::: >;»::>::: :: i:: :::>::>:: ACTUAL 1 000 ..:EKfO€:€:€ > ...E...O... ...EI#G... ~ :::E...G... ..:ENG..: BALL FIELD PLANNED 62 000 '::::;EON ` ~itG': €€tilti; FENCING ACTUAL t~EG~; ............ ............. ............. ............ €'.fBQ€€€ ............ ............. €€GON ............. ............ ............ ............. ACILITY LANNED 1 000 ............ ............. ............ ............. ............ `::`::LNG`:'. ............ ............. ............ ............. ............ ............. :::~i~IG:'.€: ............. ............ ............. ............ ............. ............ '.€'.:~iD::€: ............ ............. ............ ............. ............ ............. >C~SIt::> ............. ............ ............. ............ ............. ............ >GON> ............ REPAIRS CRAIG AVENUE ACTUAL 7 745 >ENG> ............. ............ ............ ............. >3`e0N?>' ............. ............ <'Ct~N''`? ............ ............. ............. ............ ACILITY LANNED 1 000 ............. ............ ............. ............ ............. >#:ENG##> ............. ............ ............. ............ ............. ............ >:>EI~G»: ............ ............. ............ ............. ............ ............. '>6IDi:: ............. ............ ............. ............ ............. ............ EON ............ ............. ............ ............. ............ ............. `<CON:'s ............. REPAIRS LEISURE ARTS ACTUAL ............ ............. ............ ............. ............ ............. HLiI '' ............ ............. ............ HLD ............. ............ ............. ............ ............. ............ ACILITY LANNED 500 ............. ............ ............. ............ "'E#G ............ ............. ............ ............. zE>~FG'3 ............. ............ ............. ............ BIOr' ............ ............. ............ ............. CON ............. ............ ............. ............ ''CON:>'. REPAIRS '~' ' WALROND OFC. ACTUAL 2,115 :::::C~bN : USE C ;`' 4 s .M ,' ~ f:;>',; ; °:ar'.:` C..::... ~ .:.. ~.....:. TOTAL PLANNED 446 900 ACTUAL 2,115 COMMENTS: Tennis Court Renovations -The consultant has completed the study and prepared the specifications to allow the repairs to the various facilities. Bids for the renovation will be received to allow repairs to begin in the summer/fall of 1993. Ball Field Fencing -Technical specifications have been prepared and the inventory of fencing needs has been established. Bids are being taken to repair fences and to establish the fencing cost for new ball fields. 11 BOND PROJECT UPDATE !1I-`~ Attachment B September 28, 1993 PARKS AND RECREATION PROJECTS BUDGET CONTRACT EXPENDITURES TO DATE S 1,750,000 PROJECT COORDINATOR: JOHN CHAMBLISS ACCOUNT CODE: 104221, 104216, 104217, 104208 TASK 1 9 9 3 1 9 9 4 BUDGET APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR C SS ADA ACE PLANNED 15 100 ::i~G>;: :>:~`ID<:': C! ..: ..G_N... :........: ...GQN:.. ~.. ...G..N... ACTUAL ............. ............ ............ ............. ............. ............ ............ ............. ............. ............ ROUND COVER LANNED 2 000 ............. ............ ............. ............ ............. ENCt# ............ ............. ............ ............. ............ BID ............. ............ ............. ............ ............. `£061 ............ ............. ............ ............. ............ >G~1N ............. ............ ............. ............ ............. sG[1b1:>'. FOR PLAY- GROUND EQUIP. ACTUAL >~NG : ::~T~<:: INFIELD SURF. PLANNED 54 000 Ef~N €I~G: ::BD .;CO.;;;. .,E: ....:.. ............. MATERIALS FOR BASEBALL FIELDS ACTUAL 5,100 ;Ct~N .. ... E~EG ~BIf~' ....... CAREER CENTER PLANNED .. :ENG::: BID::: EL]N>:: ..... :#:GCIN:::: REPLACE LIGHTS :::;:::>::>:<::<:>: <:»::>::»>: ACTUAL :Et~G::> :>:SID:... .:..Il?... ...s. D... ... N... TOTAL PLANNED 171 000 ACTUAL 5,100 COMMENTS: Repairs at Craig Center -handicap access and installation of a neu HVAC system. Handicap Access to Walrond Office Building (Cabin) -Repairs have been completed. 12 BOND PROJECT UPDATE ~-~~ Attachment B September 28, 1993 ROAD PROJECTS BUDGET CONTRACT EXPENDITURES TO DATE S 500,000 S 500,000.00 S 1,000,000 PROJECT COORDINATOR: ARNOLD COVEY ACCOUNT CODE: 104070 TASK 1 9 9 3 1 9 9 4 BUDGET APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR VDOT PREPARES I PLANNED BIDS ACTUAL VDOT PLANNED ADVERTISES ACTUAL VDOT AWARDS PLANNED CONTRACT ON ALL PROJECTS ACTUAL (57) ALL PROJECTS PLANNED CONSTRUCTED & COMPLETED ACTUAL TOTAL PLANNED ACTUAL COMMENTS: Adams Construction Company is to start Plant mix projects July 12, 1993. Incidental projects - VDOT is actively pursuing right of way. Because of a delay in obtaining the right of ways for projects, the actual construction may not begin until Spring, 1994. Beside the heading, VDOT AWARDS CONTRACT ON ALL PROJECTS (57), the shaded area is only for incidental projects. Atso beside the heading, ALL PROJECTS CONSTRUCTED & COMPLETED, the shaded area under March and April, 1994, is for incidental projects only. 13 BOND PROJECT UPDATE Attachment B September 28, 1993 VALLEY TECHPARK BUDGET CONTRACT EXPENDITURES TO DATE S 750,000 PROJECT COORDINATOR: TIM GUBALA ACCOUNT CODE: ~-~ TASK I MASTER PLAN 1 PLANNED LAND PLANNED AC~UIS[TION/ EXCHANGE ACTUAL DETAIL PLANNED ENGINEERING ACTUAL INDUSTRIAL PLANNED ACCESS REQUEST ACTUAL CONSTRUCTION PLANNED BIDS ACTUAL START ROAD, PLANNED UTILITY CONSTRUCTION ACTUAL TOTAL PLANNED ACTUAL 1 9 9 3 1 9 9 4 BUDGET APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR COMMENTS: The Preliminary Engineering Report was completed in June. The Industrial Access request to VDOT was approved in June. The construction plans and preliminary quantities were submitted to VDOT on July 1, 1993. The VDOT Industrial Access Office in Richmond has forwarded the county/state government agreement to the Attorney General's Office for review. The local VDOT office anticipates bidding this project in August/September. Mrs. Helen Cox-Richards has agreed to sell the County/IDA a .48 acre tract for $10,000. This acreage along with the property owned by Mr. Edward Bruce Hill is needed for the industrial access entrance. Mr. Hill's attorney, Jim Buchholtz, is in the process of obtaining approval of our project from SPCA per Mr. Hill's request. 14 BOND PROJECT UPDATE ~-~ Attachment B September 28, 1993 FIRE HYDRANTS BUDGET CONTRACT EXPENDITURES TO DATE S 184,000 To be awarded the end of November None until August PROJECT COORDINATOR: RON EDYARDS ACCOUNT CODE: TASK 1 9 9 3 1 9 9 4 BUDGET APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR PREPARE SITE 1 PLANNED LOCATION MAPS ACTUAL PREPARE PLANNED SPECIFICATIONS FOR FIRE ACTUAL HYRDRANTS BID FIRE PLANNED HYRDRANTS ACTUAL BID PLANNED INSTALLATION OF HYDRANTS ACTUAL INSTALLATION PLANNED ACTUAL FINAL INSP., PLANNED ACCEPTANCE & PROJECT ACTUAL COMPLETION TOTAL PLANNED ACTUAL COMMENTS: This project is three months ahead of schedule with eight hydrants installed to date. Due to increase in materials cost, new DOT requirements and other unexpected expenditures, this project probably will not meet the goal of 71 hydrants. ! do anticipate the installation of 50 or more with the monies available. Hydrants are currently being installed in North County. In two weeks the crew will move to the Vinton area to install six hydrants and then to South County. 15 BOND PROJECT UPDATE ~Y-'`~ Attachment B September 28, 1993 PURCHASE OF LAND FOR HIGH SCHOOL BUDGET CONTRACT EXPENDITURES TO DATE S 750,000 S 240,121.01 PROJECT COORDINATORS: JOHN CHAMBLISS AND HOMER DUFF ACCOUNT CODE: 155140 TASK 1 9 9 3 1 9 9 4 BUDGET APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR PURCHASE OF PLANNED 750 000 LAND ACTUAL 240 121 TOTAL PLANNED 750 000 ACTUAL 240 121 COMMENTS: The first of several tracts of land to be purchased for the eventual building of a new Cave Spring High School has been completed. The site is located immediately in front of Penn Forest Elementary School and across from Starkey Park. Although there are no immediate plans to construct the school, the land will be preserved for the eventual development and will be used for Parks and Recreational purposes until that time. The acquisition cost including testing for the 28 acres tract was 5240,121.01. Staff has met with other property owners concerning the remaining tracts of land. 16 ~^ N n /n 0 0 N M M LO .- a 1[7 m a ~ n N Of m p t0 N a r fD 01 a oo In O o ~. a p eW- m m N N l'1 a Ln .- O O a0 ~ a n O O W W O LD ~ r ~ W W N ~ a W ~ N m W .;,. a ~ N N O fp N n ~- n ` N CO fD n n dp M C C C N N In N W n 00 M t0 W In b W n 00 CO n ~ !0 W N n ~ !n M N N N o W l~l N 0 ~.:. N l'f r a m ~ ~ .- O M a M CI r f7 '- N LT7 a ~ O ~'7 f") r n W a n (~ N N N O .- In M (O N W ~ a ~ N !D m F- :.:~ >l~ ~ O M O lh P7 .- N tD n fh N M r N M n W O O O N N N W N O o O O f'1 0 W ~ ~- ch N N ~ M r to a O M p N O .- O O M N M O p 0 N p r Qj p (p ^ N F Q Z N tD a s oo N O O O N N a N N N 0 0 0 a n p a l~l W O O a o n .- a o Q N N N N~ p N a 0 m~ a O O ~ Q~ N N N N r lq N O O W N d Z W ~ S ~ c`'7 a N N n t0 LD ro n 0 0 0 N W to (h tD n N W 10 n tD ~ O O N a O O W o Y ~( a N .- O c~I a a ~ e- N ~ M a O O V W O c~7 N O c7 M O O f~1 W O^ N a ~ m U nU W n M 4n fh (`') Q7 N p ~ a W N W W^ O N n Z a u~ u~ ~ co in 0 l"I a y M to ~- N n W '- W N~ M .- N O M 00 N 00 M O ~ N Q1 M ~ O W N O ~ a v g .- N N 00 M ' W N 01 OD N O f7 (h n 00 Q1 n n 01 QI N N p 00 O O in o O O a0 a ~ M n f N M W .- p N ~ ~ ~ ~ O .- N N - n ~ a S O N .- M m ~ a W N O M O ~ ~ r ~ N r n !D n t0 O W J Z c, ~nnp co~mi+7 a~co ofaO ~n~nm N~ca mnN ~~no OOno M O O f"1 ~ N - CI r N N N O a N N N a O F~ Z ~ M N O .- 00 Ih ~ N N lD tD 00 n W Z m O Y n O a N tD ~ Q1 .- 00 ~ n N f~I n n (D ~ W O W W n A N O O p a O O N o O ~ ~ ~ N N .- N O .- N N o ~ O ~ M M p 0 ~ O ~ O p .- ~ ~ o ~~ ~ ~ .- n ~ eo is n n m a; W J V. OJ T Ln N n 00 n W N M 11f N N to N f~l N n r W W M p O O W o M LT7 N F... z. ~ M O N ~- N N a N N ~ M ill N a PI O ~ ~~ Q: M W a 0 N 00 M tG p r N ~ O O O ~ r r a ° c 6 J CL I!) n p 0 ~- ~ tp n m A O n O N^ O W T n n N a ~ ro m Of W O O O o a0 LO 0 z a 0 a ^ a in in O - N O N N O a 0 Lh N N E O N E C O to O t0 .- ~ . O .- to r W N tD n 1D n ~ J ~ W Q m n 0 ~ lD n 00 N W .- - O O O .- O ('1 n CO M W M QI 00 O O ~ a N n tD o W a ~j . a~ a N f~I co N a m O Ln r a N a 0 M ~- N !D Ln W tD b !0 n a a r r a U W (,~ ~ W W ~ !n W 1!7 r N n 00 fD O1 O1 a N N 00 M tO n n O O ro o a ~ "' o > z a N n T ^ M O .- ~ M E N O M /'1 O M M n W N N O '- n a. ~ ~ O O ~ .- ~p r ~p r ~ ~p U a y t ~. ,r ,. W 1D In Of p n a0 N N fh f~7 OI N 00 00 ~n M a a M (7 O In n O O ~l7 o O O W o . . Q N p 0 ~ p 0 .- M O~ M O N l"f W O O ~.. ~: ~ N N O t0 r ~D .- CI 00 fD n LO 7 ~ µ) 7 ~ yy w [A F~ W lL U y~ Q Y C.1 ~~ x W W ~ R I" ~ c VY 2 Q er ~ hQ ~ ! 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I ' V' ~ N I N I I ~ ~ W M i M ~ j In I I N t` i N I i CU I V' M m M M c0 0 00 7 v I 0 0 o ap t0 l11 N N N [0 UI M [0 O~ T N ~- DD 7 7 I o I o N - N v ~ v 1-• 1~ L ~+ I o 7 ~ro r r r- r Y 7 7 •~+ C O O r U 'a 7 C a ;E N N O • a U N r L L d C N r L a s to + x ro a C ro w 0. L ! w~ N 7 a m m a ro -+ o !a c c w q • a m> U q ro ro N Z L U II L L C O 7D Ta¢ C FH ro lL I ~ ro U f1) ~O I L - a c l T Z V V F- J ~ U1 a f+ L C C Q J L U N O o 7 7 o H ¢ 7 C C r 0 4- 4- b O 1- 1 D •~+ L C ~ L ~tl G~ F- O I E r j1 a o a L o F- i a O C C C C ^ U H M ~--~ M I I ¢ '111of'1 W --N ~ ' V' l!1 Ul l11 .~ b U c~ m m c. c~ c+ ~ o 0 0 0 0 o I ~~ ~, - , . 1 ACTION NO. ITEM NO. V " ! AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28, 1993 AGENDA ITEM: Work Session on the Draft Vehicle Replacement Policy. COUNTY ADMINISTRATOR' S COMMENTS : ~~~ _ ,~J~~~~ ,~~ BACKGROUND: The Facilities Management Team has been developing a draft policy to recommend to the Board of Supervisors a means of systematic replacement of County vehicles. The policy has been drafted from the input of departments which utilize, repair, and procure vehicles. Twenty-three organizations in the public and private sectors have been surveyed and their policies reviewed for use and development of our proposal. After the initial policy was completed, the team reviewed it with several different levels within the County. The Departments of Fire and Rescue, Police, Utility, Parks and Recreation, and Sheriff's Office were consulted as was the Garage, to be sure the needs of those who manage the largest fleets were met. The proposal was reviewed by the Internal Support and Operations Team which had the duty of developing a plan for funding. A special committee from ISOP and Facilities Management met with all Department Directors and the Gang of 40 to review the policy. The last level of review was with Mr. Hodge and the Department of Management and Budget. SUMMARY OF INFORMATION: All Roanoke County Departments are included under this program. The County School Board is not covered under this program. School buses have state mandates for replacement which they have to follow. The Schools could adopt this or a similar policy if they choose. The policy considers several factors before replacing a vehicle or piece of equipment. The proposal is designed to best fit the needs of our employees and provide quality customer service. Therefore, ~~~ 2 the following areas were incorporated to provide a comprehensive method of evaluating the vehicle for replacement. No one criterion should be used as the measure to replace a vehicle, but rather consider all criteria to move a vehicle systematically through the process until its effectiveness and efficiency has been maximized. Comprehensive Replacement Criteria --age --safety --vehicle condition --function of use --obsolescence --downtime --available funds for --mileage --ops. and maint. cost --major repair costs --market value --replacement costs --morale and image replacement & operations FISCAL IMPACT• We cannot accurately predict the full fiscal impact of this policy. Due to the complexity of evaluating the needs for repair, relocation, or replacement of a vehicle, the two teams can only forecast the first phase of implementation. It will require a Fleet Manager at an annual salary not less than $42,000, and a computerized management system estimated at $90,000. The Fleet Manager is needed in this fiscal year, with the computer to be funded in the next fiscal year. STAFF RECOMMENDATION: Staff recommends as follows: That the board approve a position of Fleet Manager and funding for the position and a computer system. That they also approve the vehicle replacement policy. Respectfully Submitted, dim Jone Assistant Director of Parks Approved, mer C. Hodge County Administrator ~- / 3 Action Vote No Yes Abs Approved Denied Received Ref erred to Motion by Minnix Eddy Johnson Kohinke Nickens j~rpts~uehmaint.agn ~j-/ Outlined below is the summarized version of the replacement policy for all County vehicles and equipment. It was through the extensive efforts of the Facilities Management Team that we offer these recommendations to be adopted as policy for all departments in the County of Roanoke. All Roanoke County Departments are included under this program. The County School Board is not covered under this program. School buses have state mandates for replacement which they have to follow. The Schools could adopt this policy in the same manner as we adopted their sick leave policy. The policy considers several factors before replacing a vehicle or piece of equipment. The policy, of which there is no perfect plan, is designed to best fit the needs of our employees and provide quality customer service. Therefore, the following areas were incorporated to provide a comprehensive method of evaluating the vehicle for replacement. No one criterion should be used as the measure to replace a vehicle, but rather consider all criteria to move a vehicle systematically through the process until its effectiveness and efficiency has been maximized. Comprehensive Replacement Criteria --age --safety --vehicle condition --function of use --obsolescence --downtime --available funds for• VEHICLE/EQUIPMENT REPLACEMENT POLICY * EYECUTIVE SUMMARY --mileage --ops. and maint. cost --major repair costs --market value --replacement costs --morale and image replacement & operations The agencies surveyed are as follows. Cities: Lynchburg Hampton Roanoke Gity Portsmouth Suffolk Counties: Albemarle Hanover James City Loudon Montgomery Rockingham Stafford State: -1- State Police Forestry Parks Transportation d-/ page 2 Vehicle Replacement July 29, 1993 Agencies continued. Federal: National Park Service Private: Dominion Bank APCO First Virginia Bank C&P Telephone Hertz Car Rental Avis Car Rental Standard County Vehicles Vehicle Type Sedans (emergency} Sedans (non-emergency} Pick-up Trucks (all? Vans Dump Trucks {single axle) Replacement Eligibility 75,000 miles or 4 years 100,000 miles or 7 years 100,000 miles or 7 years 100,000 miles or 7 years 100,000 miles or 10 years Fire and Rescue Vehicles/Equipment Vehicle Type Replacement Eligibility Ambulance 60,000 miles or 6 years Crash Trucks (light & med. duty) 100,000 miles or 15 years Crash Trucks {heavy duty} 100,000 miles or 20 years Fire Trucks 12 years Ladder and Brush Trucks 15 years Air Trucks 75,000 miles or 5 years D-~ page 3 Vehicle Replacement July 29, 1993 VEHICLE/EQUIPMENT REPLACEMENT POLICY This is a policy to be used as a guideline for planning and budgeting the replacement of vehicles and equipment in Roanoke County. It will allow the Board of Supervisors to provide a dependable cost efficient motorized fleet within the County. The following recommendations outlined below describe the means to implement the policy. A. Automated Fleet Management System (FMS): Cost savings can be realized through improved planning of preventive vehicle/equipment maintenance. Better management of purchasing, replacement, fleet review, historical cost analysis, depax•tment charge backs, and a parts inventory would be the goals of this system. The computer system would allow a manager to track maintenance histories, identify potential problems, and coordinate future work and preventive maintenance. An option could be available to prevent or restrict the amount of fuel a vehicle would receive at the primps if not kept up to date on preventive maintenance via set mileage limits. Emergency vehicles should be exempt from this. B. Develop a Position of Fleet Manager: Employ a person to operate and manage the FMS. This will need to be a full time employee who is capable of working with the Departments to manage a comprehensive vehicle inventory. Not only will the position manage vehicle/equipment resources, but develop standards, specifications, and review purchases of all County vehicles. This employee would also act as the chairperson for the recommended Fleet Management Advisory Committee (see item E.). The position and pay grade will be developed in cooperation with Human Resources. C. Funding: A charge-back program is recommended as the means to fund the ongoing operation of FMS and the Fleet Manager position. As vehicles depreciate over their life expectancy, a pro-rated charge back program can be established to fund the preventive maintenance and replacement of the vehicles. Pro-ration (depreciation) is to be based on a per mile or per hour of use. A five percent user fee should be added to offset inflation for future vehicle replacement costs. It is also recommended. that the revenues generated from the sale of surplus vehicles be put back into this account. -/ page 4 Vehicle Replacement July 29, 1993 D. Create a Vehicle Pool.: Some vehicles can be used by various departments in an effort to get the best utilization from the fewest number of vehicles. For example, a passenger van could serve multiple functions for the Planning Commission, Board of Supervisors, Human Resources, etc. Pool vehicles can serve as loaners when departments have one in for repair or maintenance. Those departments or employees who do not have an assigned vehicle can now schedule use of a vehicle as an occasional user. The pool can also support departments during peak times when additional transportation is needed, i.e. Real Estate Assessment for reassessments. The fleet, manager will be the coordinator and care taker of the pool vehicles. This way a schedule of use and maintenance can be managed to insure the quality and dependability of our vehicles. Standing equipment or arrangements for on-demand rental of specialized equipment such as loaders and graders can be managed from this position. Not to mention, the value it would have in the event of an emergency. E. Fleet Advisory Committee: This could quite possibly be a standing responsibility of the Facilities Management Team or the present Vehicle Advisory Committee. The purpose of the committee would be to provide policy direction and serve as a liaison to administration and recommend the purchase and replacement of vehicles/equipment. They would also be responsible for approval or development of vehicle specifications with the input from the Departments, Purchasing, and the School Board Garage. This would insure that the vehicles would be compatible with their intended use. It would also insure that vehicles would be purchased based on quality rather than low cost. l/"- page 5 Vehicle Replacement July 29, 1993 F. Establish Replacement Criteria Based on Vehicle and Equipment Classifications: Certain factors must be considered when determining the replacement of a particular vehicle or piece of equipment. The following can be a set of preliminary guidelines used to evaluate the need for replacement. - safety, age, mileage, downtime, obsolescence, - acquisition cost, morale, image, function - total maintenance and operation (including fuel) - cost per mile or cost per hour for equipment - overall condition of the vehicle/equipment - available funds for replacement & operations A "decision tree" has been developed as a guideline for moving the vehicle through the replacement process. The fleet manager and the advisory committee can be the governing body to determine if the vehicle/equipment qualifies for replacement. If for some reason a department has a vehicle that does not meet the replacement criteria they can make an appeal to the committee for early replacement or extension of the vehicle's use. It is also recommended that a vehicle be eligible for replacement when the repairs and maintenance costs are within 75% - 100% of the current market value of the vehicle. This does not include total costs of operation over the life of the vehicle such as routine preventive maintenance. VEHICLE REPLACEMENT --County Vehicles-- Vehicle Type Replacement Eli~ibilit.y Sedans (emergency) 75,000 miles or 4 years Sedans (non-emergency) 100,000 miles or 7 years Pick-up Trucks (all) 100,000 miles or 7 years Vans 100,000 miles or 7 years Dump Tr ucks (single axle) 100,000 miles or 10 years Specialized equipment such as an evidence van or other modified vehicle will be handled individually. (,1..."' page 6 Vehicle Replacement July 29, 1993 The refuse trucks are considered specialized vehicles that function as equipment, yet do not totally qualify as equipment. Due to the nature of operation, the refuse collection bodies wear out before the truck chassis. Therefore, the bodies must be replaced when they become ineffective and the vehicles/chassis can be managed under the vehicle guidelines established for single axle dump trucks. --Fire and Rescue-- Vehicle Type Ambulance Crash Trucks light duty medium duty heavy duty Fire Trucks Ladder Trucks Brush Trucks Air Trucks Replacement Eligibility 60,000 miles or 6 years 100,000 miles or 15 years 100,000 miles or 15 years 100,000 miles or 20 years 12 years 15 years 15 years 75,000 miles or 5 years Note: All. other vehicles such as cars are covered under emergency sedans. The Service truck is covered under the standard plan for pick-up trucks. 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Z ~ ~ a o a~ a- •a w a.c .c x ~ •., ~ a m z> ~d m a maaa AU~mi3~UG~UA-W+ JUSTIFICATION FOR A FLEET MANAGER ~ Provide a dedicated person to begin the process of implementing the computer system and the vehicles records, ~ Better procurement of vehicles to insure quality and consistency for purpose and use. ~ Development of specifications. ~ Moni_tor vehicle conditions to insure a dependable and efficient fleet for all Departments. ~ Provide someone with the responsibility and authority to completely manage one of the County's most important resources. * There is no present position which is capable of handling the duties as described in the policy. * Currently, information necessary to make educated decisions on replacing vehicles is missing. This position along with a .computerized system is needed to accurately implement the policy. ~ Determine worth of new programs -contracts -mileage -number of vehicles ~ Assess vehicle inventory, take home vehicles, reserve pool vehicles * What type of vehicles should be in fleet ~= Assess maintenance savings cost of policy * Quality and standard of vehicles b:\benefits,mgr f ~- AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, SEPTEMBER 28, 1993 RESOLIITION 92893-13 CERTIFYING EBECIITIVE 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 resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: ./~ Mary H. len, Clerk Roanoke County Board of Supervisors CC: File Executive Session r' AT A REGIILAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 RESOLUTION CERTIFYING EBECIITIVE 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. ~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 RESOLUTION OF CONGRATULATIONS TO NORTH ROANORE AMERICAN GIRLS SOFTBALL TEAM FOR WINNING THE STATE CHAMPIONSHIP WHEREAS, the North Roanoke American Girls Softball Team won the State of Virginia Championship on July 27, 1993, in Bedford, Virginia; and WHEREAS, the team represented the State of Virginia at the Dixie Softball Ponytail National World Series Tournament in Zephyr Hills, Florida; and WHEREAS, the team is sponsored by the North Roanoke Recreation Club and coached by Wes McMillian, Gary Clarke, Bill Myers, and Gary Hurt; and WHEREAS, throughout the season and tournament, the members of the team member demonstrated their skill, ability and good sportsmanship. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby express its congratulations to the NORTH ROANORE AMERICAN GIRLS SOFTBALL TEAM for winning the state championship; and FURTHER, BE IT RESOLVED that the Board of Supervisors commends the North Roanoke American Girls Softball Team for demonstrating outstanding athletic skill and good sportsmanship throughout the season and tournament. AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, SEPTEMBER 28, 1993 RESOLIITION 92893-14 OF CONGRATIILATIONS TO NORTH ROANORE AMERICAN GIRLS SOFTBALL TEAM FOR WINNING THE STATE CHAMPIONSHIP WHEREAS, the North Roanoke American Girls Softball Team won the State of Virginia Championship on July 27, 1993, in Bedford, Virginia; and WHEREAS, the team represented the State of Virginia at the Dixie Softball Ponytail National World Series Tournament in Zephyr Hills, Florida; and WHEREAS, the team is sponsored by the North Roanoke Recreation Club and coached by Wes McMillian, Gary Clarke, Bill Myers, and Gary Hurt; and WHEREAS, throughout the season and tournament, the members of the team member demonstrated their skill, ability and good sportsmanship. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby express its congratulations to the NORTH ROANORE AMERICAN GIRLS SOFTBALL TEAM for winning the state championship; and FIIRTHER, BE IT RESOLVED that the Board of Supervisors commends the North Roanoke American Girls Softball Team for demonstrating outstanding athletic skill and good sportsmanship throughout the season and tournament. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors ~ -- / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 RESOLUTION 92893-15 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,310,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF The Board of Supervisors ("Board") of the County of Roanoke, Virginia ("County") has determined that it is necessary and expedient to borrow not to exceed $2,310,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. The County has held a public hearing, after due publication of notice, on September 28, 1993 on the issuance of such bonds in accordance with Section 15.1-227.8, Code of Virginia of 1950, as amended ("Virginia Code"). The School Board of the County has requested by resolution, the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in an aggregate principal amount not to exceed $2,310,000 ("Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the Virginia Public School Authority ("VPSA") for the VPSA to purchase from the County, and to sell to the VPSA, the Bonds at the price of par, upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1993' ; shall bear interest from the date of delivery thereof payable semi- annually on each June 15 and December 15 (each an "Interest Payment Date"), beginning June 15, 1994, at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on December 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) Over the annual rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA ("VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed eight percent (8%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, provided that such aggregate principal amount shall not exceed $2,310,000 and the final maturity of the Bonds shall not be later than December 15, 2014. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. On twenty days written notice from the VPSA, the County shall deliver, at its expense, Bonds in marketable form in denominations of $5,000 and whole multiples thereof, as requested by the VPSA, in exchange for the temporary typewritten Bond. 6. Payment; Paying Agent and Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All Overdue payments of principal or interest shall bear interest at the applicable interest rate or rates on the Bonds; and -2- (c) ,Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption. The Principal Installments of the Bonds coming due on or before December 15, 2003, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before December 15, 2003, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds coming due after December 15, 2003, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after December 15, 2003, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after December 15, 2003, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices December 15, 2003 to December 14, 2004, inclusive..... 103% December 15, 2004 to December 14, 2005, inclusive..... 102 December 15, 2005 to December 14, 2006, inclusive..... 101 December 15, 2006 and thereafter ...................... 100; Provided, however, that while the VPSA is the registered owner of the Bonds, the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the VPSA. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. -3- 10. Use of Proceeds Certificate; Non-Arbitrage Certificate. The Chairman of the Board, the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non Arbitrage Certificate and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended ("Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Non Arbitrage Certificate and such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the Treasurer of the County to participate in the State Non Arbitrage Program in connection with the Bonds. The County Administrator, the Chairman of the Board, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, Public Financial Management, Inc., as investment manager, and Central Fidelity Bank, as depository. 12. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 13. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 14. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supewisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 28, 1993, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. -4- On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: .~' . Mary H. Allen, Clerk Roanoke County Board of Supervisors CC: File Diane D. Hyatt, Director of Finance Paul M. Mahoney, County Attorney Management & Budget Dr. Bayes Wilson, School Superintendent WITNESS MY HAND and the seal of the Board of Supervisors of the County of Roanoke, Virginia, this 30th day of September, 1993. Clerk, Board of Supervisors of the County of Roanoke, Virginia (SEAL) -5- Exhibit A (FORM OF TEMPORARY BOND) NO. TR-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE General Obligation School Bond Series 1993 The COUNTY OF ROANOKE, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of Dollars ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on December 15, 1994 and annually on December 15 thereafter to and including December 15, 2013 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on June 15 and December 15 of each year commencing on June 15, 1994 (each an "Interest Payment Date' ; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, ,Richmond, Virginia, as bond registrar ("Bond Registrar") shall make all payments of principal of, premium, if any, and interest on this Bond, without presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of principal of, premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.1- 227.25 of the Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal of, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation -2- as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 5.1, Title 15.1, Code of Virginia of 1950, as amended, and resolutions duly adopted by the Board of Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost at the office of the Bond Registrar for an equal aggregate principal amount of bonds in definitive form having maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid, issuable in fully registered form in the denominations of $5,000 and whole multiples thereof. This Bond is registered in the name of Virginia Public School Authority on books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before December 15, 2003, and the definitive Bonds for which this Bond may be exchanged that mature on or -3- before December 15, 2003, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after December 15, 2003, and the definitive Bonds for which this Bond may be exchanged that mature after December 15, 2003, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after December 15, 2003, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices December 15, 2003 to December 14, 2004, inclusive...... 103% December 15, 2004 to December 14, 2005, inclusive...... 102 December 15, 2005 to December 14, 2006, inclusive...... 101 December 15, 2006 and thereafter ....................... 100; Provided, however, that while the Virginia Public School Authority is the registered owner of this Bond or of the definitive Bonds for which this Bond may be exchanged, the Bonds shall not be subject to prepayment or redemption prior to their stated maturities without first obtaining the written consent of the Virginia Public School Authority. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form -4- and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of the County of Roanoke, Virginia, has caused this Bond to be issued in the name of the County of Roanoke, Virginia, to be signed by its Chairman, its seal to be affixed hereto and attested by the signature of its Clerk, and this Bond to be dated September 28, 1993. COUNTY OF ROANOKE, VIRGINIA (SEAL) ATTEST: Clerk, Board of Supervisors of the County of Roanoke, Virginia By Chairman, Board of Supervisors of the County of Roanoke, Virginia -5- ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: Dated: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company.) Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA September 28, 1993 At a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on September 28, 1993, the following persons were present or absent as shown: PRESENT: Supervisors Johnson, Kohinke, Eddy, Minnix ABSENT: Supervisor Nickens Upon motion by Johnson, the following resolution was adopted by a majority of the members of the Board of Supervisors by the following roll call vote, as recorded in the minutes of the meeting: MEMBER VOTE Supervisor Johnson Yes Supervisor Kohinke Yes Supervisor Eddy Yes Supervisor Nickens Absent Supervisor Minnix Yes ACTION NO. ITEM NUMBER ~"' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 28,1993 AGENDA ITEM: Public Hearing and Adoption of Resolution Authorizing Issuance of not to exceed $2,310,000 General Obligation School Bonds to be sold to the Virginia Public School Authority. COUNTY ADMINISTRATOR'S COMMENTS: ~,~~~ ~~ ~~ SUMMARY OF INFORMATION: The County of Roanoke has made application to the Virginia Public School Authority (VPSA) for the issuance of not to exceed $2,310,000 in General Obligation Bonds as part of the 1993 fall bond sale of the VPSA. These bonds are being sold to construct a wing at Northside High School to allow the transfer of north County ninth graders from the Northside Junior High to the Northside High School. This in turn will allow sixth graders from Burlington, Glen Cove, Masons Cove and Mountain View Elementary Schools to move to Northside Junior High by creating a true middle school for north County. This will also provide for the mainstreaming of students from the Roanoke County Occupational School (RCOS). The County School Administration will then relocate to the present RCOS site. Some remodeling will be required. As part of the application process, the County needs to have a public hearing at this time on the issuance of these bonds. In addition, at the conclusion of the public hearing, the Board of Supervisors needs to adopt the attached resolution authorizing the issuance of the bonds and outlining certain terms and conditions. FISCAL IMPACT: The County has agreed to pay for the debt service on these VPSA bonds. The funds to pay for the current year debt service have been included in the 1993-94 budget. Future debt payments will be included in future County budgets. STAFF RECOMMENDATION: Staff recommends holding a public hearing on the issuance of these bonds. At the conclusion of this public hearing, the attached resolution should be adopted. S~ Respectfully submitted, ~~.~~ Diane D. Hyatt Director of Finance Approved by, ~~~ Elmer C. Hodge County Administrator ACTION VOTE Approved () Motion by: No Yes Abs Denied () Eddy _ - - Received () Johnson _ _ Referred () Kohinke _ _ _ To () Minnix _ _ _ Nickens I RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA September 28, 1993 At a regular meeting of the Board of Supervisors of the County of Roanoke, Virginia, held on September 28, 1993, the following persons were present or absent as shown: PRESENT: ABSENT: Upon motion by ,seconded by ,the following resolution was adopted by a majority of the members of the Board of Supervisors by the following roll call vote, as recorded in the minutes of the meeting: MEMBER VOTE ~-_ ~ A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,310,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF The Board of Supervisors ("Board") of the County of Roanoke, Virginia ("County") has determined that it is necessary and expedient to borrow not to exceed $2,310,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. The County has held a public hearing, after due publication of notice, on September 28, 1993 on the issuance of such bonds in accordance with Section 15.1-227.8, Code of Virginia of 1950, as amended ("Virginia Code"). The School Board of the County has requested by resolution, the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in an aggregate principal amount not to exceed $2,310,000 ("Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the Virginia Public School Authority ("VPSA") for the VPSA to purchase from the County, and to sell to the VPSA, the Bonds at the price of par, upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1993"; shall bear interest from the date of delivery thereof payable semi-annually on each June 15 and December 15 (each an "Interest Payment Date"), beginning June 15, 1994, at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on December 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. ~•~ 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the annual rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA ("VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed eight percent (8%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, provided that such aggregate principal amount shall not exceed $2,310,000 and the final maturity of the Bonds shall not be later than December 15, 2014. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. On twenty days written notice from the VPSA, the County shall deliver, at its expense, Bonds in marketable form in denominations of $5,000 and whole multiples thereof, as requested by the VPSA, in exchange for the temporary typewritten Bond. 6. Pavment; Paving Agent and Re is~ trar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal or interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) ,Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepavment or Redemption. The Principal Installments of the Bonds coming due on or before December 15, 2003, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before December 15, 2003, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds coming due after December 15, 2003, and the definitive Bonds for -2- ~" 1 which the Bonds held by the VPSA may be exchanged that mature after December 15, 2003, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after December 15, 2003, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices December 15, 2003 to December 14, 2004, inclusive..... 103% December 15, 2004 to December 14, 2005, inclusive..... 102 December 15, 2005 to December 14, 2006, inclusive..... 101 December 15, 2006 and thereafter ...................... 100; Provide however, that while the VPSA is the registered owner of the Bonds, the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the VPSA. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate; Non-Arbitrage Certificate. The Chairman of the Board, the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute aNon-Arbitrage Certificate and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended ("Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds -3- SI from the issuance and sale of the Bonds will be invested and expended as set forth in such Non-Arbitrage Certificate and such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the Treasurer of the County to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator, the Chairman of the Board, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, Public Financial Management, Inc., as investment manager, and Central Fidelity Bank, as depository. 12. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 13. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 14. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 28, 1993, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Roanoke, Virginia, this day of September, 1993. Clerk, Board of Supervisors of the County of Roanoke, Virginia -4- S- ~ Exhibit A (FORM OF TEMPORARY BOND) NO. TR-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE General Obligation School Bond Series 1993 The COUNTY OF ROANOKE, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of Dollars ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on December 15, 1994 and annually on December 15 thereafter to and including December 15, 2013 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on June 15 and December 15 of each year commencing on June 15, 1994 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. ~..~ For as long as the Virginia Public School Authority is the registered owner of this Bond, ,Richmond, Virginia, as bond registrar ("Bond Registrar") shall make all payments of principal of, premium, if any, and interest on this Bond, without presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fined for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of principal of, premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.1-227.25 of the Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal of, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be -2- ~~~ in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 5.1, Title 15.1, Code of Virginia of 1950, as amended, and resolutions duly adopted by the Board of Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost at the office of the Bond Registrar for an equal aggregate principal amount of bonds in definitive form having maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid, issuable in fully registered form in the denominations of $5,000 and whole multiples thereof. This Bond is registered in the name of Virginia Public School Authority on books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before December 15, 2003, and the definitive Bonds for which this Bond may be exchanged that mature on or before December 15, 2003, are not subject to prepayment or redemption prior to their stated -3- S-1 maturities. The principal installments of this Bond coming due after December 15, 2003, and the definitive Bonds for which this Bond may be exchanged that mature after December 15, 2003, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after December 15, 2003, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices December 15, 2003 to December 14, 2004, inclusive...... 103% December 15, 2004 to December 14, 2005, inclusive...... 102 December 15, 2005 to December 14, 2006, inclusive...... 101 December 15, 2006 and thereafter ....................... 100; Provide however, that while the Virginia Public School Authority is the registered owner of this Bond or of the definitive Bonds for which this Bond may be exchanged, the Bonds shall not be subject to prepayment or redemption prior to their stated maturities without first obtaining the written consent of the Virginia Public School Authority. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, foram and manner as so required, and this Bond, together with all other indebtedness of the County, is within every -4- s~ ~ debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of the County of Roanoke, Virginia, has caused this Bond to be issued in the name of the County of Roanoke, Virginia, to be signed by its Chairman, its seal to be affixed hereto and attested by the signature of its Clerk, and this Bond to be dated , 1993. COUNTY OF ROANOKE, VIRGINIA (SEAL) ATTEST: Clerk, Board of Supervisors of the County of Roanoke, Virginia By Chairman, Board of Supervisors of the County of Roanoke, Virginia -5- S~-I ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: Dated: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) company.) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 ORDINANCE 92893-16 GRANTING A SPECIAL USE PERMIT TO THE SCHOOL BOARD OF ROANORE COUNTY TO ALLOW THE EXPANSION OF AN EXISTING SCHOOL BUILDING AT 6758 NORTHSIDE HIGH SCHOOL ROAD (TAX PARCEL 37.10-1-20), CATAWBA MAGISTERIAL DISTRICT WHEREAS, the School Board of Roanoke County, Virginia, has filed a petition to allow the expansion of an existing school building located at 6758 Northside High School Road, in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 7, 1993; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 24, 1993; the second reading and public hearing on this matter was held on September 28, 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 allow the expansion of an existing school building located at 6758 Northside High School Road in the Catawba Magiste- rial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the 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 the School Board of Roanoke County, Virginia, to allow the expansion of 1 Y an existing school building located at 6758 Northside High School Road in the Catawba Magisterial District. 3. 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 the same hereby are, repealed. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Minnix NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney Dr. Bayes Wilson, Superintendent of Schools 2 .~ . . PETITIONER: SCHOOL BOARD OF ROANOKE COUNTY CASE NUMBER: 23-9/93 Planning Commission Hearing Date: September 7, 1993 Board of Supervisors Hearing Date: September 28, 1993 7- I A. REQUEST Petition of the School Board of Roanoke County for a Special Use Permit to expand Northside High School, located at 6758 Northside High School Road, Catawba Magisterial District. B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION None. D. PROFFERED CONDITIONS None. E. COMMISSION ACTION(S) Ms. Hooker moved to recommend approval of the petition. The motion carried with the following roll call vote: AYES: Thomason, Hooker, Witt NAYS: None ABSENT: Massey, Robinson F. DISSENTING PERSPEC'T'IVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Terrance Roanoke inQ Commission ..•~ `" STAFF REPORT PART I C. APPLICABLE REGULATIONS Site plan review is required. There are no additional Use and Design standards that apply to this request. 1 B. DESCRIPTION This request is to build a 21,200 square foot addition onto the west side of the existing high school. This proposed addition is for classrooms and office space to accommodate the existing student population and administrative/teaching staff. '"" PART II A. ANALYSIS OF EXISTING CONDITIONS 1. Lot Area - This parcel of property is approximately 29 acres. The existing building covers approximately 92,000 square feet. 2. Location - This site is located off of Northside High School Road in the Catawba Magisterial District. 3. Access - The existing access is from Northside High School Road which can be accessed directly from Peters Creek Road or from Northridge Lane. B. ANALYSIS OF PROPOSED DEVELOPMENT 1. Use - As discussed above, the expansion is for classroom and office space. The total building coverage, with the proposed addition, will be approximately 2.6 acres. 2. Traffic/Circulation - No impacts. 3. Landscapingf Screening/Buffering - No additional required. 4. Public Services - Public services are existing on site. C. CONFORMANCE WITH COUNTY COMPREHENSIVE PLAN This request conforms with the land use designation of Development. Policy D-7 encourages "necessary institutional support uses" such as schools, parks, and recreational facilities. PART III STAFF CONCLUSIONS This request conforms with both the Roanoke County Zoning Ordinance and the Comprehensive Plan. The proposed development is necessary to meet the current and future needs of the public school system for expansion. Staff does not anticipate any negative impacts from this request. Staff does not recommend any conditions. PREPARED BY: JANET SCHEID DATE PREPARED: 2 COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING 3738 Brambleton Ave. SW P.O. Box 29800 Roanoke, VA 24018 (703) 772-2068 FAX (703) 772-2030 For staff use only ~~ data re i ed: ~ received by: ~/ apple i n fee: ~ 66 PC/~ da 1 rdsjssued: plac a O BOS date ~U Case Number: ~%~.~./ --, n Check type of application filed (check all that apply): O REZONING D SPECIAL USE VARIANCE Applicant's name: School Board of Roanoke County Address: 526 College Avenue, Salem, VA Phone: "?t.7-6400 Zip Code: 24153 Owner's name: School Board of Roanoke County Address: 526 College Avenue, Salem, VA - Phone: 387-6400 Zip Code: 24153 Location of property: Tax Map Number: 37.10 - 1 - 20 6758 Nor.thside High School Rd. Roanoke, VA 24019 Magisterial District: Catawba Community Planning Area: Peters Creek Size of parcel (s): 29.38 acres 1, ~~~~q.ft. Existing Zoning: R-2 Existing Land Use: Northside High School Proposed Zoning: NO CHANGE R-2 Proposed Land Use: NO CHANGE - High School For start use o~/y Use Type: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES x NO _ IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? YES x NO IF NO, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being proffered with this request? YES NO ~`` Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. ws v Consultation Application Justification ws v rvs v x 8 1 /2" x 1 1" concept plan X Application fee p p ~~.. Proffers, if applicable x ~:<>s Metes and bounds descri tion ~ .~• x ~~~~ Water and sewer application Adjoining property owners /hereby certify that l am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of theme Owner's Signature: i ~M / For Sfaff Use Only: Case Number ..{ t~ S.r t`}14. ~YL . .~ Hpplicant School Board of Roanoke County i The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning disirict~classification in the zoning ordinance. This Project involves the much needed expansion of one of Roanoke County's Public High Schools. The 21,280 square foot addition at Northside High School further facilitates the need for adequate school space and will provide ample area for various classrooms and offices at the school. This addition also facilitates the creation of a convenient, attractive and harmonious community. The school use on this parcel has existed for some time and the proposed expansion follows directly the purpose of both the zoning ordinance and R-2 Zoning District. ase explain how the project conforms to the general guidelines and policies contained in the Roanoke County ~nprehensive Plan. The planned expansion of Northside High School correlates directly to the growth initiatives planned for the area, also accomodating the percent of growth anticipated. . Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation, and fire/rescue. The existing parcel that contains Northside High School and its associated amenities are contained within a 29.38 Acre site. The existing building area onsite covers approximately 92,000 square feet with the approximate 21,000 square foot addition, total building coverage will be at 2.6+ Acres. The building is situated in the northern portion of the property. This location is an area that will have minimal, if any, impact on surrounding properties. Water and sewer facilities exist onsite and access is on existing public roads. ~,~NN/E_ I O~vE 5 ~42° g~' oo"C /4/.40' I ~ -" \ 208.4.2' X26¢. l 0 ~ t ~ ~ `~ ~ S 4q ° Z S '00"E 55.(0')' -~ 1 / o t ~c~. 0 0 ~ vGc ~ 4 ~ -e ~: / '~ ~~ `i D o~ ~~ 9j c' 99 ~ ~ ~-- ~~ 11 I ~ ~ -- _~~ I 1 EX/5T i l 1 - ~ BU/C L7jNG ~ ~ ~ N O /~ ~~ ,- ~ ; ~ N \~ ~ 1 \\ W \o i~ \\~ \ ~ I \ h A ~'~ .~~Q 7. SA.tl. SEWER 1 cti ~ ~•-~...... ~ ~/ ~ 1 O ~~ ~~~.1~ Ph?C~P. 4DDt~~'pN ~ ' ~ ~ REMA/NOER 1 \m ~ ~~ ~ - ~ ~ I NORTHS/DE H/Gy scNO~ ~~ ~~ EX~sT/AIGr PARK/~c/G ~` o ~~ - - ~ RD OKE COUNTY SCHGIOL BagRp _ ~ ~ IQoO ~~ ~ ~ ~ A PORT/OrV OF Zq N 6 1°~ / TM.37./D-/-~-~ _ - /495 _ - --' /Y?Z /e Gam'' yORTyR~06' SITE TABULATION ~ ~ ~~v~ 5 Z¢° (857 "Gd /(~O.OS EZISTING S.F.: 94,000 PROPOSED S.F.: 21,000 PLANZMETRIC SHEETS BB7 & CC7 TOTAL AREA: 20.976 ACRE CONCEPT PLAN FOR NORTHSIDE HIGH SCHOOL ROANOI~ COUNTY, VIRGINIA JOB NUI~ER 930360003 ~~ E X l 5 T. 4" !~ VA T ER ~. /N E i ~ ~1 W ~ 0 -~ Y_ >, ~. BALZER AND ASSOCIATES, INC., 1208 CORPORATE CIRCLE, ROANORE, VIRGINIA 24018. i- ~ D NORTH I .._ -~"' ~ -'~ y` ~ ~ f,~ • , ~~ ~ i ~._.-.. I y ..... _.. - ~~~ ~ l J • ~' ~~• f j 1 S ~ ~ '! v',•~ .~ II ','~~~' .Y ` ~' t~~ s`t ~, ~' ~ ~ .. •~ i •:. _, .~ •~~ ~~ i ^\ ~ ~ C2 ~ `, ~ ` ~., •:~ `'~. ~ ~ 1 ~~ ._. ... ~, I ~r :. ~. ' ti ~~ - ~~ 2-fe 1 ~ ~. ~ ~- \ ~ ~ ~ .~ •o . .._ ._ _~ .. ,.~ ~~~~;~~s.l1 ~ r \~ 1 ~z.s~~ \ / ~' f - ~ ~ ,,. ~ ~ ~~ ~ v ~ ..:. ! '~ ~ 1 _ -I ~k e, ~~ ,` DEPARZMENT OF PLANNING PETITIONER: ROANOKE COUNTY SCHOOL BOARD ~_ AND ZONING TAX MAP NUMBER(S): 37.10-1-20 ,_' REQUEST: SPECIAL USE PERMIT -EXPAND EXISTING SCHOOL a~ 7i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 ORDINANCE GRANTING A SPECIAL USE PERMIT TO THE SCHOOL BOARD OF ROANORE COUNTY TO ALLOW THE EXPANSION OF AN EXISTING SCHOOL BUILDING AT 6758 NORTHSIDE HIGH SCHOOL ROAD (TAX PARCEL 37.10-1-20), CATAWBA MAGISTERIAL DISTRICT WHEREAS, the School Board of Roanoke County, Virginia, has filed a petition to allow the expansion of an existing school building located at 6758 Northside High School Road, in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 7, 1993; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 24, 1993; the second reading and public hearing on this matter was held on September 28, 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 allow the expansion of an existing school building located at 6758 Northside High School Road in the Catawba Magiste- rial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the 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 the School Board of Roanoke County, Virginia, to allow the expansion of 1 T-/ an existing school building located at 6758 Northside High School Road in the Catawba Magisterial District. 3. 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 the same hereby are, repealed. c:\wp51\agenda\zoning\northaide 2 JONES & JONES RRCH TEL~1-703-366-3613 _ Sep 09,93 15 10 No .002 P.02 JOtVES F~ JONE$ Al~SO~IA7'ES 9 Septembez~ 1993 Mr. Terrance I... Httrrington Director Planning ~~nn Toning Department County of lzoa:iake 3738 ,L~.ramt~let.c~n Avez~ua, 5. W. Roanoke, Virginia, 2~Uld RED Fite Project Rezoning Petcra Creek Road Naar Mr. 3iarr.angi:on: T The purpose of tk~is cc~rresnonc3enr.P i q i_o c3orumPn1: convcr~ation~ this date between Mr. Tim t3eard (Roanoke Country Planning & Zoning Department) Mr. Bill, trite (Uwner) and myself roncer.ning the above rctcrcnced project. A11 parities agree there are some items which requi.rc !'urth~r. study and discussion prior to the pre,entation of this .r.c~v.oni.ng r.~*i~uest: t:o the Board of our Supervisors. t would take t.o r.eque,~t this 1~rojec:t: hearing be moved to the 2G October 1993 Avard rsf 5uperviROrR me~Pt~.i.ng. Your assistance in this matter is gre~t.ly Rpi»eci atec3. Very truly yc~urr~, JUNBS (» JUN>;5 1~SSr~CiA~PL At.tc'ttlTt:~,~r5 PC: R.i rha rc7 t, . Jon .a . .7r . , A7h Arc:h.i. t:Pr.l: copy to: Ri„7JR/h j M.r. Bill Hitc ,•U AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 ORDINANCE 92893-17 GRANTING A SPECIAL USE PERMIT TO APPALACHIAN POWER COMPANY TO ERECT A SELF- SUPPORTING BROADCASTING TOWER ON HONEYSUCKLE ROAD 1.75 MILES FROM INTERSECTION OF HONEYSUCKLE ROAD AND POOR MOUNTAIN ROAD (TAX MAP NO. 93.00-1-44), WINDSOR HILLS MAGIS- TERIAL DISTRICT WHEREAS, Appalachian Power Company has filed a petition to erect a self-supporting broadcasting tower on Honeysuckle Road 1.75 miles from the intersection of Honeysuckle Road and Poor Mountain Raod (Tax Map No. 93.00-1-44) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 7, 1993; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 24, 1993; the second reading and public hearing on this matter was held on September 28, 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 erect a self-supporting broadcasting tower on Honeysuckle Road 1.75 miles from the intersection of Honeysuckle Road and Poor Mountain Raod (Tax Map No. 93.00-1-44) in the Windsor Hills Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 1 2. That the Board hereby grants a Special Use Permit to Appalachian Power Company to erect a self-supporting broadcasting tower on Honeysuckle Road 1.75 miles from the intersection of Honeysuckle Road and Poor Mountain Raod (Tax Map No. 93.00-1-44) in the Windsor Hills Magisterial District subject to the following condition: Maximum tower height to be 160 feet, or a total maximum height of 170 feet including antenna. 3. That this ordinance shall be in full force and effect immediately upon adoption. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 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 A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 2 Ta PETITIONER: APPALACHIAN POWER COMPANY CASE NUMBER: 24-9/93 Planning Commission Hearing Date: September 7, 1993 Board of Supervisors Hearing Date: September 28, 1993 A. REQUEST Petition of Appalachian Power Company for a Special Use Permit to erect a 152 foot self- supporting broadcasting tower, located on Honeysuckle Road 1.75 miles from intersection of Honeysuckle Road and Poor Mountain Road, Windsor Hills Magisterial District. B. CITIZEN COMMENTS Don Hasler expressed concern with commercial traffic due to the poor condition of the road. C. SUMMARY OF COMMISSION DISCUSSION None. D. RECOMMENDED CONDTI'IONS Maximum tower height to be 160 feet, or a total maximum height of 170 feet including antenna. E. COMMISSION ACTION(S) Mr. Thomason moved to recommend approval of the petition. The motion carried with the following roll call vote: AYES: Thomason, Hooker, Witt NAYS: None ABSENT: Massey, Robinson F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: Concept Plan _ _ Staff Report _ Terrance Ha ngton, Roanoke unty Plar _ Vicinity Map _ Other cretary 'ng Commission Ta STAFF REPORT PART I 4~<>">`EEU~1lE`~5:1~111Ai1fAR B. DESCRIPTION This is a petition of Appalachian Power Company to obtain a Special Use Permit for a Broadcasting Tower. The site is located on Honeysuckle Road (VA Route 916) approximately 1 3/4 mile from the intersection of Honeysuckle Road and Poor Mountain Road, in the Windsor Hills Magisterial District. Petitioner proposes to locate a self supporting steel tower on a 7.25 acre leased area atop Poor Mountain, part of a 786 acre parcel. C. APPLICABLE REGULATIONS Broadcasting towers are allowed by Special Use Permit in the AG3, AG1, AR, and C1 zoning districts and are permitted by right in the C2, 11, and 12 zoning districts. In all cases, the towers are subject to use and design standards that set minimum setbacks from prope lines _and road rights-of-way; allow more than one tower provided all setbacks are met; prohibit lighting if not required by the FCC (other than essential security lighting); require notification of the FAA if the site is within two miles of an airport or located at or above 2,000 feet; and require towers to comply with additional requirements in the Airport Overlay District and the Emergency Communications Overlay District. In addition, the height of the tower must be made a condition of the Special Use Permit. Site plan review will be required in order to insure compliance with County regulations. >:<::. I . <:...se Thu.:..~~:::~.::.~~......~:.:f~r.:: ~:::~ .::..e...~~a::::~ ....:...................:::::.::::::::::::::::.::::::::::::::::.:.~.~:..::......:.:::::::::::::::::::::::.~:::::.:::::::.~::.:.............. ...................................q.......:.::.....:. ._...........~.............................................. PART II A. ANALYSIS OF EXISTING CONDffIONS 7a Location -The petitioner's site is a portion of a 786 acre tract located on the ridge of Poor Mountain. The site is in the Bent Mountain Community Planning Area and urban services are not available. Site Layout -There is an existing 17' x 8' building with two 8' antennas on the site. The developed area is fenced. Topoc~raphyNegetation -The site is located on the ridge of a steep sparsely developed mountain. The undeveloped portions of the site and surrounding area of larger parcel are wooded with mature trees. Surrounding neighborhood -The site and surrounding properties are zoned AG-3. There are approximately 20-25 transmission facilities in the surrounding area. B. ANALYSIS OF PROPOSED DEVELOPMENT Site layout - Petitioner proposes a 152' sel#-supporting steel tower, approximately 18' wide at the base and 6' wide at the top. Construction plans also include a generator pad and a propane tank for a backup power source. The site will be unmanned and will be surrounded by a chain-link security fence. Traffic generation -Employees will not be stationed at the site but will make routine maintenance visits. Traffic from semi-weekly trips to the site will not significantly impact adjoining public streets. Access - Tower site will be accessed by an existing driveway off of Honeysuckle Road. Fire and Rescue has indicated no problems with provision of emergency services to the site. Amenities -Because of the location and elevation of the tower, the petitioner does not anticipate the need for lighting the tower or special paint markings. Natural amenities -Since such a small area is to be cleared, forest resources are not affected by this project. The VA Department of Forestry recommends that, in order to protect the facility from woodland fires racing uphill to the site, a minimum of 75' width of non-flammable buffer should be maintained around the perimeter of the project. 2 r- a C. CONFORMANCE WITH COUNTY COMPREHENSNE PLAN The site is in the Rural Preserve designation of the Comprehensive Plan. This designation encourages preservation of existing agricultural and forestal resources and protection of these resources from urban growth and development. The petitioner's request is consistent with the policies of the Rural Preserve designation. The use of the site for a communication tower will not threaten productive farms, woodlands, or protected resources such as open space and should only minimally disrupt vegetative cover and the visual landscape. D. CONFORMANCE WffH COUNTY DEVELOPMENT STANDARDS The petitioner's request complies with the Zoning Ordinance use and design standards for broadcasting towers. The site is not within the Airport Overlay District or the Emergency Communications Overlay District clear zone. According to the Fire and Rescue Department, the applicant has proven to the Technical Services Officer that the tower is not within the clear zone and will not interfere with emergency communication signals. PART III STAFF CONCLUSIONS The petitioner's request to construct a 152' self-supporting tower is generally consistent with the Rural Preserve designation of the Roanoke County Comprehensive Plan in that the use will not disturb farming activities, forest or other natural resources. There should be minimal, if any, impact on neighboring areas in terms of land use, traffic, or environmental quality. The ordinance requires that the height of the tower be made a condition of the special use permit. Staff recommends a maximum height of 160' to allow for any necessary modifications to base or foundation. PREPARED BY: LYNN DONIHE DATE: September 7, 1993 3 For staff use only ` - COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING 3738 Brambleton Ave. SW P.O. Box 29800 Roanoke, VA 24018 (703) 772-2068 FAX (703) 772-2030 dater ive ~ received y: applicati n e_q;, t Pd/ ~ t placa/~ i¢syed: Ij" X BOSS/a Z Case umber: ~~ ~ Check type of application filed (check all that apply): ~ REZONING LI SPECIAL USE D VARIANCE Applicant's name: Appalachian Power Company/P. J. Kehrer Phone: gg5-2991 Address: P • 0. Box 2021 Zip Code: 24022 Roanoke, VA Owner's name: Appalachian Power Company/Telecommunications Phone: X985-2833 Address: P. 0. Box 2021 P. M. Weaver Z;p Code: 24022 Roanoke, VA Location of property: Honeysuckle Road Tax Map Number: 93.00-1-44 1 3/4 mile from intersection of Honeysuckle Road and Poor Mountain Magisterial District: Windsor Hi 11 s Road Community Planning Area: gent Mountain Size of parcel (s): Existing Zoning: AG-3 7:25 acres Existing Land Use: Microwave and Radio Station Si te sq.ft. Proposed Zoning: AG-3 (same as present) Fo.sratruse only Proposed Land Use: Addition of Broadcasting Tower, self-supporting, Use Type: 152 feet Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES X NO IF N0, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? YES X NO IF NO, A VARIANCE IS REQUIRED FIRST. N/A If rezoning request, are conditions being proffered with this request? YES NO Variance of Sections} - of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. ws v Y Consultation Application Justification ws v ws v X 8 1 /2" x 1 1" concept plan Y Application fee X ~~~ Metes and bounds description /A ::.. Proffers, if applicable ~~ Water and sewer application Y Adjoining property owners l hereby certify that / am either the owner of the property or the owner's agent or contract purchaser and am acting with the kno~ Owner's Signature: /'~ For Staff Use Only: Case Number .pplicant Appalachian Power Company/G 0 T&D Telecommunications The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the zoning ordinance. This request will not change the present usage of the site, which is a radio and microwave transmitter. location. The broadcast tower to be constructed facilitates radio communications for the 800 MHz system to replace our existing 37 MHz system. This site will experience only infrequent visits after installation for the purpose of routine maintenance and testing. This site has, in the past, and will, in the future, fit well with the Agricultural/ Rural Preserve District purpose of the zoning regulation. It does not impact any farming purpose, and requires no public improvements for its operation. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County ~mprehensive Plan. This project conforms to the general guidelines and policies in the Comprehensive Plan by maintaining the present nature of the area-as generally forested; developed for radio uses but uninhabited. The installation of this broadcast tower has the incidental benefit that it raises antenna heights, so that cutting of trees to clear radio paths is not necessary. 'Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation, and fire/rescue. The property will have minor excavation for a This site will be similar to the adjacent and will be compatible with them. Our installation will not interfere with the .oanoke County. poured concrete foundation. nearby broadcast tower sites, and radio or microwave communications of This installation will have a beneficial impact on public services and facilities because it will improve Appalachian Power Company's ability to provide adequate and reliable electric service. There is no requirement for water or sewer connections. G, I _ 1 ~ NORTH ~ i I , r 1 ,_ , ~ ' I ~ I ~, ~ I I ,, _1~ ~. '~ ' ?x.298 ~y ~ ~ ~ ~ . ` .~. ~ q a, .. ~ r0 ~ \ __ -__ ~, , ' ( m ~ ~ _~, ,, / £ ~ \ r2 ~ / ~ I ~ r I ~ I ~ I SOOMHz • ~ OWER AND ~ I t ANTENNA ~ I ~ I I ~ I D i < ~~ ~ I < I r ~ - fn t ~ ~ I r I ~ ~ I t ~ / I I ~~ ,'-' '~ l I d I / I D I ` I O I ~ I I i `~ I I I NEW FENCE TO BE COMPETED ' AFTER TOWER CONSTRUCTION. ' r ~I Scale: 1"=20 ft. Contours: 1 ft. per line. - ._o .i 0 1 ^~ f ~ THIS SECTION OF ~~~' FENCE TO BE R~r! p E 60•_0„ ~ M w w 1 ~ I,~nnnrn ~ r-,I- ,. .C,. i~~~~~{~ ~ ~! [ ? S i Z 9 <Z o [ .,, ~ c. . a { O ~ I p ~< t _ t. ~ °~ s °"~ ¢ !!" ~~ ~ 0 S ~~ £ i ^ g ~ ii ~ f 44 l ~ ~ ° 6 £ i l l~ F~1 Y _ o ~ ~ " : ~ a ~ ! r a<CCCY J ~ o ., 'of %S~S < ~ `n `5_oz 7 !Y~]SW L i Yy~J~^8j2 i 'sit ~= J~ygGo ,: ~ i \ . ~ . ~ ~ I I i I z j 1 1 t S I F V i OA 0 I I 1 BOOS .. ' 7 l ... J O f . I ~ / m ,4 N('j , ~ ~ iii ~ .~ -.~ ~ ~~. i .~ y ~~_~. ~~. ~' ~ - rr ~ ~ _ ° VICINITY MAP ~ ©% ''-'`~ ~~~ ~~ D 7=a NORiH _ ~~ DEPART'I~NT OF PLANNII~rG PETITIONER APPALACHIAN POWER COMPANY AND ZONING TAX MAP NUMBER(S): 93.00-1-44 ;?' REQUEST: SPECIAL USE PERMIT -- BROADCASTING TOWER ~.,. T-a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 ORDINANCE GRANTING A SPECIAL USE PERMIT TO APPALACHIAN POWER COMPANY TO ERECT A SELF- SUPPORTING BROADCASTING TOWER ON HONEYSUCKLE ROAD 1.75 MILES FROM INTERSECTION OF HONEY- SUCKLE ROAD AND POOR MOUNTAIN ROAD (TAX MAP NO. 93.00-1-44), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Appalachian Power Company has filed a petition to erect a self-supporting broadcasting tower on Honeysuckle Road 1.75 miles from the intersection of Honeysuckle Road and Poor Mountain Raod (Tax Map No. 93.00-1-44) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 7, 1993; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 24, 1993; the second reading and public hearing on this matter was held on September 28, 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 erect a self-supporting broadcasting tower on Honeysuckle Road 1.75 miles from the intersection of Honeysuckle Road and Poor Mountain Raod (Tax Map No. 93.00-1-44) in the Windsor Hills Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 1 2. That the Board hereby grants a Special Use Permit to Appalachian Power Company to erect a self-supporting broadcasting tower on Honeysuckle Road 1.75 miles from the intersection of Honeysuckle Road and Poor Mountain Raod (Tax Map No. 93.00-1-44) in the Windsor Hills Magisterial District subject to the following condition: Maximum tower height to be 160 feet, or a total maximum height of 170 feet including antenna. 3. 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 the same hereby are, repealed. c:\wp51\agenda\zoning\apco 2 f AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 ORDINANCE 92893-18 AMENDING AND REENACTING ORDINANCE NO. 82592-12, THE ZONING ORDINANCE OF ROANOKE COUNTY, BY AMENDING THE FLOODPLAIN OVERLAY DISTRICT AND BY AMENDING THE ZONING DISTRICT MAPS FOR ROANOKE COUNTY WHEREAS, the following map and text amendments are being proposed to implement the Flood Insurance Study prepared for Roanoke County by the Federal Emergency Management Agency as an aid in administering the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973; and, WHEREAS, the proposed base flood elevations proposed in the Flood Insurance Study and Flood Insurance Rate Maps were published in the Roanoke Times and World News on December 11, 1992 and December 18, 1992 and were published in the Federal Register at 58 FR 8578, on February 16, 1993; and, WHEREAS, an integral part of the National Flood Insurance Program is the establishment of local floodplain management programs which regulate development in areas subject to flooding and are mandatory in order to maintain the availability of flood insurance for property owners in the County; and, WHEREAS, legal notice and advertisement has been provided as required by law. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 1. That Section 30-74, FO Floodplain Overlay District be amended and readopted as follows: PROPOSED REVISION TO THE ROANORE COUNTY ZONING ORDINANCE SEC. 30-74 FO FLOODPLAIN OVERLAY DISTRICT Sec. 30-74-4 Delineation of Areas (A) The various floodplain areas shall include areas subject to inundation by waters of the 100 year flood. The primary basis for the delineation of these areas shall be the Flood Insurance Study for Roanoke County prepared by the ~in-~ce~~e~e~~tei~ ~ ~e~ei~a~I~i~=_ice--zr'uri~tl~azi-ei~~lfde'3 ~m~~ ;~D~: ;:~ana> ~~er~~~: ~~r~::::: dated ~o~~ ,~t~be~><» ............... ~~. These areas are more specifically defined as follows: 1. The Floodwav is delineated for purposes of this Section using the criteria that a certain area within the floodplain must be capable of carrying the waters of the 100 year flood without increasing the water surface elevation of that flood more than one foot at any point. These Floodways are specifically defined in Table 2 of the above referenced Flood Insurance Study and shown on the F'~Ej~j'{' u`rr~'<N~ ~°~°' accom an in that stud 2. The Flood-Frinae shall be that area of the 100-year floodplain not included in the Floodway. boundary of the Flood-Fringe elevations contained in the referenced Flood Insurance St accompanying the study. The basis for the outermost shall be the 100 year flood flood profiles of the above udy and as shown on the weed -tad?>' :::«::.;>:<::.;.;:::.;;:.:;::.>:;',;;;:<>>:.;;.;::«;;;:;;;::. ;:.>:;.>:: ..... ~:n~x~~ari~e........ R~t.~.,::..::.: Map 2 FO District 3. The Approximated Floodplain shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where the drainage area is greater than 100 acres. Such ................... areas may be on the p ......................................................................... T'1~tte>'~s```~~:~. Where the s ecific 100- ear flood _:F P Y elevation cannot be determined for this area using other sources of data such the U.S. Army Corps of Engineers, Floodplain Information Reports, U.S. Geological Survey Flood Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Calculations for the design flood shall be related to existing land use and potential development under existing zoning. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the County Engineer. Sec. 30-74-5 Creation of Overlay (B) The boundaries of the floodplain areas are established as shown on the :::.;;;~~~~~~p~!~:::: ~~'~~.;:: Map which is declared to be part of this chapter and which shall be kept on file in the office of the Administrator. 3 FO District 2. That this ordinance shall be in full force and effect from and after October 15, 1993. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 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 A COPY TESTE: Mary H. llen, Clerk Roanoke County Board of Supervisors cc: File Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 4 T- 3 PETITIONER: ROANOKE COUNTY PLANNING COMMISSION CASE NUMBER: 25-9/93 Planning Commission Hearing Date: September 7, 1993 Board of Supervisors Hearing Date: September 28, 1.993 A. REQUEST Petition of the Roanoke County Planning Commission to amend the official zoning maps by the adoption of revised Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency to be effective October 15, 1993 and to make minor amendments to Section 30-74, Floodplain Overlay District, of the zoning ordinance to reflect the new maps. B. CI'T'IZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION None. D. PROFFERED CONDITIONS None. E. COMMISSION ACTION(S) Mr. Thomason moved to recommend approval of the petition. The motion carried with the following roll call vote: AYES: Thomason, Hooker, Witt NAYS: None ABSENT: Massey, Robinson F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map Staff Report _ Other Terrance Ha ngton, cretary Roanoke unty Pla 'ng Commission i" L Federal Emergency Management Agency .~ Washington, D.C. 20472 o a f;, ~ . CERTIFIED MAIL RETURN RECEIPT REQUESTED September 15, 1993 Mr. Elmer Hodge Roanoke County Administrator P.O. Box 29800 Roanoke, Virginia 24018 Dear Mr. Hodge: y ~ ~ _ :~ ~~ t; ~. The National Flood Insurance Program (NFIP) regulations (copy enclosed) require participating communities to adopt certain floodplain management measures. Please consider this an official notice that your community has until October 15, 1993, to adopt floodplain management measures which satisfy the requirements of Section 60.3(d) of the regulations and have them approved by our Regional Office. Your community will be suspended from the NFIP effective that date unless these measures are received and approved by then. This will be your final notice of suspension. I realize that your community may be in the final adoption process, or you may have recently adopted the required measures. These measures, which should be submitted to the Chief, Natural and Technological Hazards Division of the Federal Emergency Management Agency, Liberty Square Building, (Second Floor), 105 South Seventh Street, Philadelphia, Pennsylvania 19106, will be reviewed upon receipt. Our Regional staff will inform you of your community's con- tinued eligibility if your measures are approved, or will assist your com- munity if they find your measures to be deficient. As in previous corre- spondence, we urge you to contact our Regional Office if your community is encountering difficulties in enacting the required measures. Our Regional Office can be reached at (215) 931-5737. It should be emphasized that flood insurance may not be sold or renewed within suspended communities. In addition, such communi~ies are subject to the provisions of Section 202 (a) of Public Law 93-234, as amended. This Section prohibits Federal officers or agencies from approving any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan or grant (in connection with a flood), or any other form of direct Federal assistance, other than general or special revenue sharing or formula grants made to States, for acquisition or construction purposes within your com- munity's special flood hazard areas. Included in this prohibition, for example, is the making of mortgage loans guaranteed by the Department of Veterans Affairs or insured by the Federal Housing Administration. Approval of mortgage loans, secured for homes or farm buildings, by the Farmers Home Administration is similarly prohibited. ~~ 2 Section 202 (b) of P.L. 93-234, as amended, also requires federally regulated lending institutions to notify, as a condition of making, increasing, extend- ing, or renewing any loan secured by improved real property situated in such special flood hazard areas, the purchaser or lessee of such property of whether, in the event of a disaster caused by flood to such property, Federal disaster relief assistance will be available to such property. Again, we urge you to contact our Regional Office if you need assistance or have any questions. Sincerely, Donald L. Collins Acting Administrator Federal Insurance Administration Enclosure ..~~.- ~" . STAFF REPORT PART I Petition: Roanoke County Planning Commission (Floodplain Maps) File No.: 25-9/93 PART II B. BACKGROUND Overview of National Flood Insurance Program The National Flood Insurance Program (NFIP) was established by the National Flood Insurance Act of 1968 and further enhanced by the Flood Disaster Protection Act of 1973. Prior to 1968, federal efforts were focused primarily on structural measures, such as flood walls and levies. Flood studies were prepared on the basis of drainage basins rather than communities, provided varying degrees of detail, and carried no incentive to undertake local floodplain management programs. However, even as these measures were being taken, flood losses in property and lives and the costs to the federal government, through federal disaster relief programs, were continuing to increase at an alarming rate. The Act established a broad integrated program to uniformly identify floodprone areas (including levels of risk for insurance purposes), subsidize flood insurance, require flood insurance for federally guaranteed loans, and establish minimum standards for future development in floodprone areas. Since local governments have the greatest jurisdiction over land use and development, local governments were encouraged to adopt local floodplain controls. In exchange, flood insurance would be available to property owners in the community at the subsidized rates. The standard-selected by the NFIP for floodplain management is the 100 year flood which is generally defined as an event thoa cal datacanld f eld surveysr the vol me of occurring in any given year. Using hest lied to the stream water is calculated with sophisticated computer models and app channel. This provides information on the height of flood waters at various intervals along a stream or river. These elevations are commonly referred to as the base flood elevation. The floodplain is further divided into two areas, the flood fringe and the File No: 25-9/93 Petition: RCPC (Floodplain Maps) A. EXECUTIVE SUMMARY AND DESCRIPTION 7- 3 floodway. The flood fringe denoted areas subject to flooding which can be filled or modified in order to construct buildings or structures in the floodplain. The floodway represents those areas essential to carry the waters of a 100 year flood in the event that the fringe areas are filled. Any modificati valor Shown intthe'diagrafm be ow. is virtually prohibited. These concepts are graph y While numerous amendments and revisions have been made to the NFIP since its inception, in 1987 FEMA initiated the Community Rating System (CRS) program to serve as an incentive for undertaking more rigorous measures and programs to regulate development activities and reduce potential flood damages. Where communities adopt more restrictive or comprehensive provisions than the minimum required, insurance premiums are reduced for property owners with flood insurance policies. County Participation in NFIP Roanoke County formally entered the NFIP in September 1978 bci at ont! These minimum land use floodplain management controls necessary for part p controls were based on the Flood Insurance Study tints of 'thous ngp a~ndffUrban October 17, 1978 prepared by the U.S. Depart Development. The text provisions that exist today remain essentially the same, with 2 File No: 25-9/93 Petition: RCPC (Floodplain Maps1 Floodway Schematic r ~~ two exceptions. In 1987 the County applied the floodplain provisions to all areas impacted by water sheds over one-hundred acres. Since many of these areas have not been formally studied or mapped, property owners have had the responsibility for conducting site specific flood studies. Also, during the comprehensive revisions to the zoning ordinance in 1992, the elevation at which residential structures could be built was increased from one to two feet above the base flood elevation. At the same time, requirements for non-residential structures were reduced to allow floodproofing of structures in addition to elevating structures. In 1991 the County applied for a more favorable premium rating under the NFIP Community Rating System. Due to greater restrictions and other measures taken by the County, the County became the first community in the State approved under this program. This has provided a five percent reduction in premium costs for those holding flood insurance policies. There are currently about 245 flood insurance policies that have been issued in Roanoke County. This indicates that a significant number of properties benefit from this program. However, while the actual number of buildings and residences located in the floodplain has not been determined, the number of properties located in floodplain areas is probably substantially higher than the number of policies, since not all property owners located in the floodplain have been required or have voluntarily obtained flood insurance. Proposed FIRM Maas The new Flood Insurance Study and FIRM maps were initiated in response to the need for more detailed information lacking from the October 17, 1978 Flood Insurance Study and associated maps (those currently in effect). The number of streams and tributaries recommended for detailed analysis was substantially increased based on anticipated growth and development in the County. The new Study would also combine all of the flood data and mapping for all of the incorporated areas (the cities of Salem and Roanoke, and the town of Vinton) into a single report and set of maps to insure consistency and uniformity of the information. The revised study and mapping were completed in January 1990 and submitted to the County for review and comment on July 28, 1992. At that time no formal modifications to the maps were requested other than minor editorial changes. In December 1992 formal notices of the revisions were published in the Roanoke Times & World-News for public comment. Following the statutory 90 days, FEMA declared the proposed FIRM maps as final with no major modifications. C. ANALYSIS The maps proposed for adoption, which will become effective October 15, 1993, reflect a number of changes. First, the number of areas studied has been expanded to include areas where no previous detailed information has been available. Attached are two maps, one "Attachment A" from the Comprehensive Plan showing in general Petition: RCPC (Floodplain Maps) 3 File No: 25-9/93 • ~ ~~ form the existing FEMA floodplains, and the other labeled "Attachment B" showing the areas covered by the new Study and FIRM maps. The most significant additions on the new maps include: 1) extending detailed mapping an additional 2.5 miles out Back Creek and including the lower sections of Little Back Creek (along Twelve O'Clock Knob Road), Martins Creek, and two tributaries in the Starkey area and Clearbrook area; 2) adding the upper tributaries of Peters Creek east and west of Green Ridge Road; 3) adding Deer Branch up to Walrond Park; 4) providing detailed information along Wolf Creek; and, 5) extending detailed mapping from Farmington to Rosecrest along Mudlick Creek. The second significant change is that the proposed maps have been combined into a single FIRM map showing the floodways, where separate floodway and flood insurance rate maps were produced under the previous study in 1978. This will improve the distribution and accessibility of the mapped information. Finally, the actual base flood elevations have been adjusted in many areas based on more recent flood occurrences, such as the 1985 flood, and more detailed surveys of stream channels. The actual impact these new maps will have on County citizens is difficult to evaluate. No comparative analysis has been made between the previous floodway and FIRM maps and the proposed FIRM maps. County residents should benefit from the increased availability of detailed information and expanded coverage in making decisions about building projects. However, the new maps do establish floodways in areas were no such designation previously existed. This will severely limit future development in those areas and will substantially impact reconstruction of existing structures in the event of flood damage in the future. Pr~osed Text Amendments The text amendments proposed are limited to updating the references to the Flood Insurance Study and FIRM maps in the Floodplain Overlay district contained in Section 30-74 of the Roanoke County Zoning Ordinance. These modifications were recommended by FEMA as part of our continued eligibility in the NFIP. Attached is a copy of the proposed amendments. Consistency with Comprehensive Plan The proposed amendments to the Zoning Ordinance text and Official Zoning Maps are consistent with the policies for floodplains contained in the Resource Protection Guide portion of the 1985 Comprehensive Plan. These policies encourage continued evaluation and mapping of floodprone areas and promote revisions to the regulations, where necessary, in order to protect persons and property from the hazards of flooding. Petition: RCPC (Floodplain Mapsl 4 File No: 25.9/93 .-," ~~ PART III STAFF CONCLUSIONS The new Flood Insurance Study and associated FIRM maps provide a more detailed and updated source of information on areas subject to flooding. Adoption of these materials and associated references in the Zoning Ordinance is essential to maintaining the County's eligibility in the NFIP. The NFIP has been accepted as an essential safety net for those properties and individuals located in floodprone areas, while the local zoning requirements, which exceed NFIP minimum standards, have been viewed by the development community and County as sound resource and risk management tools. Continued eligibility in the NFIP should be insured by the adoption of the proposed map and text amendments. PREPARED BY: Jon Hartley DATE PREPARED: 9/1/93 FILE NUMBER: 25-9/93 Petition: RCPC (Floodplain Maps) 5 File No: 25-9/93 ~'` PROPOSED REVISION TO THE ROANOKE COUNTY ZONING ORDINANCE SEC. 30-74 FO FLOODPLAIN OVERLAY DISTRICT Sec. 30-74-4 Delineation of Areas (A1 The various floodplain areas shall include areas subject to inundation by waters of the 100 year flood. The primary basis for the delineation of these areas shall be the Flood Insurance Study for Roanoke County prepared by the _ - r...~_..__i:%sr=':_'_~_?~:__i~'~iiliatiif:i'S%~':~%':','n'i~r*a':R'r~rn~F ............... dated get-cam^~ '~ '~~~ o4~tab'e~5~,.~ 993:. These areas are more specifically defined as .:.:.: ...::...::..::........:.. ........... follows: The Floodwav is delineated for purposes of this Section using the criteria that a certain area within the floodplain must be capable of carrying the waters of the 100 year flood without increasing the water surface elevation of that flood more than one foot at any point. These Floodways are specifically defined in Table 2 of the above referenced Flood Insurance Study and shown on the Fooi€ 1~?S.t~raCe>~'~`teJVC~~z accompanying that study. 2. The Flood-Fringe shall be that area of the 100-year floodplain not included in the Floodway. The basis for the outermost boundary of the Flood-Fringe shall be the 100 year flood elevations contained in the flood profiles of the above referenced Flood Insurance Study and as shown on the :~?~0 ~r~~ure~a~Tvlp accompanying the study. 3. The Approximated Floodplain shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where the drainage area is greater than 100 acres. Such areas may be on the i=fo~d ~nsursnce! Rate::(!lta,p. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data such the U.S. Army Corps of Engineers, Floodplain Information Reports, U.S. Geological Survey Flood Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Calculations for the design flood shall be related to existing land use and potential development under existing zoning. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the County Engineer. 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".: J R,~~~~. ~'13t_ ~ ~~ ~- .sx ~~ a ~~ ._.:~ f.~~S~ ~~ ~~ ._ ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 28, 1993 ORDINANCE AMENDING AND REENACTING ORDINANCE NO. 82592- 12, THE ZONING ORDINANCE OF ROANOKE COUNTY, BY AMENDING THE FLOODPLAIN OVERLAY DISTRICT AND BY AMENDING THE ZONING DISTRICT MAPS FOR ROANOKE COUNTY WHEREAS, the following map and text amendments are being proposed to implement the Flood Insurance Study prepared for Roanoke County by the Federal Emergency Management Agency as an aid in administering the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973; and, WHEREAS, the proposed base flood elevations proposed in the Flood Insurance Study and Flood Insurance Rate Maps were published in the Roanoke Times and World News on December 11, 1992 and December 18, 1992 and were published in the Federal Register at 58 FR 8578, on February 16, 1993; and, WHEREAS, an integral part of the National Flood Insurance Program is the establishment of local floodplain management programs which regulate development in areas subject to flooding and are mandatory in order to maintain the availability of flood insurance for property owners in the County; and, WHEREAS, legal notice and advertisement has been provided as required by law. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 ~~ 1. That Section 30-74, FO Floodplain Overlay District be amended and readopted as follows: PROPOSED REVISION TO THE ROANORE COUNTY ZONING ORDINANCE SEC. 30-74 FO FLOODPLAIN OVERLAY DISTRICT Sec. 30-74-4 Delineation of Areas (A) The various floodplain areas shall include areas subject to inundation by waters of the 100 year flood. The primary basis for the delineation of these areas shall be the Flood Insurance Study for Roanoke County prepared by the the criteria that a certain area within the floodplain must be capable of carrying the waters of the 100 year flood without increasing the water surface elevation of that flood more than one foot at any point. These Floodways are specifically defined in Table 2 of the above referenced Flood Insurance ................... Study and shown on the F~c accompanying that study. 2. The Flood-Fringe shall be that area of the 100-year floodplain not included in the Floodway. The basis for the outermost boundary of the Flood-Fringe shall be the 100 year flood elevations contained in the flood profiles of the above referenced Flood Insurance Study and as shown on the ~aed .......................................................................................................... accompanying the study. 2 ~r FO District 3. The A~~roximated FloodplainFloodplain shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where the drainage area is greater than 100 acres. Such ................... areas may be on the ~;~°t rti~'~<`a'~". Where the s ecific 100- ear flood .::::.~~'. P Y elevation cannot be determined for this area using other sources of data such the U.S. Army Corps of Engineers, Floodplain Information Reports, U.S. Geological Survey Flood Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Calculations for the design flood shall be related to existing land use and potential development under existing zoning. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the County Engineer. Sec. 30-74-5 Creation of Overlay (B) The boundaries of the floodplain areas are established as shown on the ..................... ;~'st~ ...................................... ~u~~ ............................... ~~i`~~~; :.~:: which is declared to be part of this chapter and which shall be kept on file in the office of the Administrator. 3 1 '` FO District 2. That this ordinance shall be in full force and effect from and after October 15, 1993. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. agenda\codeVloodplain 4 . '~ - - S County of Roanoke Department of Planning and Zoning Memorandum T0: Board of Supervisors FROM: Jon Hartley and Lynn Donihe DATE: September 24, 1993 RE: Proposed Flood Insurance Rate Maps On Tuesday September 28 you will be holding a public hearing on the adoption of new Flood Insurance Rate Maps (FIRM). For your information we have made a comparison of the new flood study maps and the old flood study maps. This comparison was done on one set of the OLD maps Which have been placed in the Board members' office (refer to the Legend below). In reviewing these maps please keep in mind the following limitations to this mapped information: 1) All notations of elevation changes are based on interpolation since the new flood elevations were apparently not taken in the same locations as the old ones; and, 2) The changes in flood elevation shown on labels as "Flood elevations increased/decreased x"' are extremely generalized. LEGEND TO MAPS Orange lines - These lines indicate the new segments of creeks or rivers included in the 1992 study. Orange dots - The map numbers on these correspond to the map number of the new flood maps on which that particular section of creek/river can be found. They are used only for the new areas of study. Green hatching - Areas of green hatching indicate areas in which the floodplain was significantly reduced in the new study. Red brackets - Areas marked by red brackets are accompanied by labels "Flood elevations increased/decreased x"'. These areas, when compared with the flood elevations on the new maps, showed increases or decreases in the elevations. Areas with no red brackets had no significant changes. If you have any question regarding this information or would like to see the detailed FIRM maps prior to the hearing, do not hesitate to contact me at 772-2092. .. _ ~' / COPIES MADE FOR ALL BOARD ~~~~ . ~ - ~ 2~1 •~ ~ MEMBERS ~/~' '`2~J FM, LBE, BW, EGK, HCN r QC 1~ ~~~~,,'~ 23 -194 ~ ~{~, ~~~ 3738 Y~ ~~ ~~;,;~ 24a18 ~~, ~~ ~~: ~. oQ ~6 ~~.a.,~AiG. ~~~~~ ~. ~~~~~~~ ,~ ~~ ~~ ~~ ~~«~ ~~,,x~/~ 3~'2 ~ 6~ ~ ~. .b ~ :~; ~, ~ ._ ~ ~ .,. L cC C C ..O ~ ~, i Y ~ ¢+ ~ ~ X O s.. O "° - C U v. / r ~ ~ C U cv ~ ~ - ..- U J . r ~ ~ _ _ :.l. :.+ : ~h ~ C ~ ^ V L Y ~ J C UJ L Y U C ~ 'LS QJ QJ ^ O bf, - _'~..+ fC Y ~ w C ~ C l.' ~' W c:, ~ ~ cC i. 'c~ ~ ~ C3. c-Oa ~ b.C '-. ~' 0. Y ~ `J 'a o C in a. i ~1 L E T .J w .L c O L L L c v ° ~ _ ,/ N ~~ L QJ QJ ~ `C Cl ~ ~~ V-. U ~ N ~ .r1 Cq is C- 0.~ ~~ Y i.. v. r'. .. O ...... y a.n _.U_i 'r o ~ Y v W ~ o ~ ~ ~ 5 c '~ ^o ~ ~ - .~ ~ ~ .~ ~ • c- ~ Y ~ ~n ~' o a, a~ cam., ~° is v a, C ~ ~ L VJ fiQ ° ~ C VJ `'` L ~ ~ a ~° • ~ z 'T ~ C3 r., O b N~ C r `.~, rn ~ ~ i y v O~ a ~ E . ~ „~ ~ c w ac o °_ cu ~ ^~0 0 o G, C ca O >C in ' in V? in ~ w cCd ^~C C t^ G U ~ O l` ~ O r"~ ~ • O ON ~ ~ f/~ G u:- r t` N.C N O ..0 C .Trti .`J j C. v.' .~' ~ cJ ~ L y c^ v ~ c6 °O O cG V ta4 _ .- U ;~ C ~ C II. ° ~ V, Y c':, Y C - ~ ~ Oq C .__. ° C4 C -o ~ ~ .cc ti u ~ ?' "' Gin Y := 3 ti i -a D..~ "~ ~ .,c ~'1 ~ o a~ _ ~' ~ _... 4J C~ V C C O CJ U ~ ^ .- ~ O C ° = C. 4.. V '-' ~ iY-. ~ ° r ~• Y C bq 'YD ~ ~ ~ Y '~ a -c' ~ % ~ Y ~ v~ ° ~ U - ~' r c.~ r o °.' `n c u .-- - c = ~ •~. Y to _ o .r = ~ c: 'v. C _ h^.C .' Y O i. L cV C.) - - .V U' - C ° .r ""' •cC `y [n C ~ 'J: vi - U p, c3 'r ~..,, ,~ - C C "O ~ t. V; O (n OV ~ E--. v: V: U 3 O L . _ 7 ~ ^J ~ ~` b .~ ~ 6J C r Population Facts at a Glance Number of Doqs and Cats There were approximately 57 million owned cats and 52.5 million owned dogs living in households in the United States in 1991. (Source: American Veterinary Medical Association Center for Information Management.) Who Pet Dogs and Cats Live With Cats are in 29.2 million households, nearly half of these homes with two or more cats. 35.4 million households have dogs. (Source: AVMA) Pure-Brads The American Kennel Club, the largest breeder registration program, registered 1,379,544 new individial dogs in 1991, an increase of 121,844 dogs over the previous year. This was a 10% increase. The total number of litters was 567,763, an increase of 10,526 over the previous year. This marked the sixth consecutive year a new record for litter registrations was set. (Source: American Kennel Club Gazette, January 1992) Approximate # of Shelter Facilities in the USA: 3,000 - 3,500 Average Cost of Handling an Animal in a Shelter: $100 Range of Costs to: Sterilize a Male Cat: $10 to $110 Female Cat: $20 - $180. Sterilize a Male Dog: $10 - $200 Female Doq: $20 - $200 Percentage of Animals Euthanized by Shelters: on the average, half of all the animals brought into a shelter are euthanized Percentage of Animals Adopted Out by a Shelter: on the average - 25% to 35% average # of litters a fertile cat can produce: 3 a yr. average # of litters a fertile dog can produce: 2 a yr. average # of animals in an average canine litter: 6-10 average # of animals in an average feline litter: 7-10 # of dogs in six years one female dog and her offspring can produce: 67,000 dogs # of cats in seven years one female cat and offspring can produce: 420,000 Average age when a fertile cat has first litter: 10 months, puberty at 4-12 months Average age when a fertile dog has first litter: Puberty occurs at 5 - 18 months, some large breeds later. Gestation period for dogs: 58-70 days Gestation period for cats: 58-65 days ~~ The Humane Society of the United States 2100 L Street, NV1; Washington, DC 20037 .. , . ...... ,.. ,_.... .,.~ .Q~.,~.~-- TtiF TRUTH WORKS ! cats and kittens Intakes 1990 1991 May 445 368 June 601 600 July 568 564 August 602 529 September 504 344 October 378 349 November 221 205 'December 154 139 Total 3473 3098 dogs and puppies Intakes 1990 1991 May 178 169 June 280 178 July 250 144 August 226 177 September 183 169 October 184 138 November 162 125 December 145 111 Total 1508 1211 --aA" `~'E ARE GOOD t 1991 BROUGHT IN RV-SPCA 5480 Roanoke City 1869 Roanoke County ~tu3 Vinton 67 Total 7859 Percentage reclaimed or adopted (Figure is exactly the same for total or for RV-SPCA alone.) RECLAIMED OR ADOPTED 1111 40A ~1 28 1588 20.2 ~~ "` ~. -~ :' SPAY/NEUTER LEGISLATION BULLETIN August 1993 808 Alamo Drive, Suite 306, Vacaville, CA 95688 (National Office: 200 Vilest 57th St., New 1brk, NY 10019) DENVER, COLORADO'S ORDINANCE PASSES! n the Apri11993 issue of Spay/Neuter Legislation Bulletin we reported on the proposed breeding control legislation introduced by Denver Animal Control. We are thrilled to report that all their hard work paid off -- their ordinance passed with only one dissenting vote. They had overwhelming support from breed rescue groups, humane societies, and veterinarians. And, they had very little opposition. The success of Denver Animal Control demonstrates how breeders, who have historically opposed breeding control legislation, are slowly coming onboard and recognizing the need to begin requiring people to sterilize their animals. Those leading the way, such as Denver Anunal Control, deserve our thanks. Each community that succeeds in passing mandatory spay/neuter legislation helps to pave the road -- making it an easier task for the next city. In a few years, breeding regulations will be commonplace. Congratulations to Animal Control Director Curtis Bradley and Chief Veterinarian Eugene Pei. to This Issue Denver Passes Ordinance ................ 1 A Look at San Mateo County ............. 3 Update on the Feline Fix Legislation ...... 3 HSUS Proposes Breeding Moratorium .... 5 Now Available -New Revised Edition of Killing the Crisis - Pg. 7 NEW HAMPSHIRE PASSES SPAY/NEUTER SUBSIDY LAW n June 9, 1993, the governor of New Hampshire signed SB 157, aspay/neuter subsidy bill. SB 151 establishes a statewide low-cost spay/neuter program to be funded by a 52 surcharge on dog license fees. Senior citizens will be exempt from the surcharge for the first dog licensed. Spay/Neuter Legislative Bu Iklia The NewsktierofThe Fund forAnimab August 1993 Editor Ikim Shula Contributing Editors Ten Batnato Ned Buyukmihci YaV Inks Graphic Design Steve Leonard Graphics Printer Chancellor Panting Spay/Neuter Legislative Bulletin is panted on recycled paper Partims of Lhe newsletter may be reproduced or quaed with appropnffie credit California OfTa-e The Furl far Arumals SOS Alamo Dave, Suite 306 Vacaville, CA 95685 707/451-1306 National t7(rice 200 West 57th Street New York, NY 100] 9 Guardians of dogs and cats ti`~ho receive public assistance will be able to have their animals sterilized and provided with all pre-surgical vaccinations for 510. People who adopt cats and dogs from public or private shelters will be able to have the adopted animals spayed or neutered for 525. Participating veterinarians who perform the steriIizations will be paid 80% of their usual fees. According to Peter Marsh with the Humane Legislative Council, they modeled their bill after the New Jersey program. One of the main differences, however, between the New Jersey program and New Hampshire's is that New Jersey has a 53 surcharge added only to the unaltered dog license fee. Restricting the surcharge to unaltered animals makes more sense. However, a spay/neuter subsidy bill funded by a $7.50 surcharge on unaltered dog licenses was killed last year in New hampshire. Extending the surcharge to all licenses made it possible to reduce the surcharge to 52 and still generate the same amount of money as a 56 surcharge on unaltered dog licenses. And levying the surcharge on all licenses avoids the problem of declining revenue which the new Jersey program suffered as more licensed dogs were altered. For more information on SB 151, contact Peter Marsh, Humane Legislative Council, 24 Montgomery St., Concord, NH, 03301, 603/224-1877. UPDATE ON ORDINANCES THAT HAVE The following communities have passed breeding control legislation: Denver, Colorado King County, Washington Lake County, Colorado McKinley County, New Mexico Montgomery County, Maryland Pacific Grove, California Rock Island, Illinois ~i ' Ruidoso, New Mexico i! San Mateo County, California (unincq~porated area) Santa Barbara, California Santa Rosa, California Tacoma/Pierce County, W~~hington If you know of other communities which have succeeded in passing breeding control legislation, please let us know. If you wish to receive copies of the following ordinances, please see the order form on page 7. SPAYINEUTER LEGISLATION BULLETIN $ ONE YEAR LATER - A LOOK AT SAN MATEO COUNTY'S ORDINANCE s__ has been one year since the San Mateo County weeding control ordinance went into effect. Is it working? We don't know yet -- it is simply too early to tell - but so far, the results are positive and encouraging. Since the introduction of the ordinance, Peninsula Humane Society (PHS) has seen a reduction in impounds, surrenders, and euthanasias. From 1990 to 1992, during the period of controversy and media attention, prior to implementing the ordinance, PHS' intake of dogs and cats decreased by 5.6 percent, and the euthanasia rate decreased by 3.2 percent. Since the new law went into effect March 1, 1992, the numbers continue to go down. During the first 15 months of implementation, the number of animals received by PHS has decreased by 1,131 and the number of animals euthanized has decreased by 654. One month short of completion of fiscal year (F1~ 93, the number of cats both received and euthanized has shown a marked decline, in spite of the fact that the ordinance impacts only the unincorporated areas of the county, or less than 10 percent of the total area served by the PHS. Dop: Rsahod Dope EutMaolzod Cats Ruobsd Cots Euriaolzod FY 92 5,221 1,332 9,704 7,417 FY 93 4,655 1,174 7,243 5,427 (first 11 months) In addition, 749 "No Intent to Breed" permits, 1,032 Cat Licenses, 36 Breeder Permits, and 13 Fancier Permits have been purchased. It will be several years before we are able to fully evaluate the effectiveness of San Mateo County's ordinance and other recently passed breeding control laws. And, when we do critique their effectiveness, we will need to consider a number of variables. For example, what trends are revealed in the animal statistics pre and post-ordinance? Additionally, what are the trends of the human population growth? Has the funding level of the local animal control program changed? Are there other preventive programs which may have also had an impact on the increase or reduction of animal impounds or euthanasias? For example, was aspay/neuter clinic recently opened? . Were education programs implemented? Further, is the law being responsibly enforced by the animal control agency? CALIFORNIA'S FELINE FIX BILL UPDATE n the April 1993 Spay/IVeuter Legislation Bulletin we informed you of AB 302, The Feline Fix bill, which would require that all outdoor cats over the age of six months be sterilized. Failure to comply would result in an infraction, with citation fees waived if the person sterilizes the cat within 30 days after receiving a citation. believe they are protecting the interests of feral cat caretakers. Many feral cat caretakers, however, strongly support AB 302 and realize it will help reduce the companion cat population, as well as the feral cat population. In fact, the national feral cat group, Alley Cat Allies, is a co-sponsor of the bill. AB 302 is endorsed by 118 animal and wildlife protection organizations and dozens of veterinarians. Considering the large degree of support AB 302 has generated from a variety of animal organizations, it was believed the bill would see a speedy passage. In fact, there appeared to be no opposition to the bill when it was first introduced. However, opposition eventually surfaced from a few vocal individuals who The few feral cat supporters who are actively opposing the bill cite the following reasons for their opposition (a response is provided for each): Why Some Individuals Oppose AB 302 Opposition: It will discourage people from feeding cats, resulting in many cats starving to death. Response: Feeding feral. cats and not sterilizing them (Continued on Page 4) 4 THE fuND foR ANINU-~S (Feline Fix Bilt Update Continued) contributes to the overpopulation problem because well-fed cats are just that much more prolific. If feral cat caretakers have the best interests of the cats in mind, they will sterilize them. Ot~~osition: Feral cat caregivers "will be forced to abandon the trapping and sterilizing of the cats or face being cited." Response: The bill clearly states that anyone cited for having an unsterilized cat outside has the option of altering their cat within 30 days after being cited, or paying a fine. In other words, it's affix-it ticket. AB 302 forces no one to "abandon" their cats. Opposition: People who feed cats will abandon their efforts because they cannot afford to sterilize them. Response: The Fund for Animals has identified almost 3001ow-fee spay/neuter clinics in California. Further, the complementary program of a statewide 1-800 spay/neuter hotline was proposed to address that concern. Opposition: The law will encourage animal control agencies to round up and kill outdoor unsterilized cats. Response: There is nothing to prevent animal control agencies from picking up feral cats now. However, understanding the different levels of trust each community has for their animal control agency, AB 302 co-sponsors agreed to the proposed amendment stating that animal control agencies would not be able to impound cats under this law. Opposition: Feral cat caregivers should be exempt from the law. Response: It doesn't make sense to require the guardian of a companion cat to sterilize their outdoor cat, and not someone who is feeding a colony of feral cats. Further, defining a "feral cat" is a technical nightmare. The definition of "feral" is a domestic animal who has reverted back to a wild state. However, we know there are many grades of feral cats. If someone can handle a particular cat, does that mean he/she isn't feral? Further, how is animal control expected to seriously enforce this law when anyone can state that the cat is not officially theirs, but instead feral, and, therefore, exempt from the law? Opposition: It is "a 'cat killer' bill that criminalizes humane individuals who are feeding strays." Response: AB 302 will save lives. The fine for violating AB 302 is an infraction, similar to a leash law violation. This is the lowest violation one can attach to a law. Further, it is not a "humane act" to feed strays and not also take responsibility for sterilizing them. None of us likes to be regulated. We can appreciate that feral cat feeders don'.t want to have to prove that the cats in their care are sterilized. But, for the betterment of all cats, they should enthusiastically support AB 302. Further, if guardians of companion cats must abide by the proposed law, why shouldn't those who are feeding feral cats? We must not shy away from legislation which regulates our behavior. Those of us in the animal protection field have a history of supporting legislation that regulates other groups such as farmers, hunters and vivisectors. Doesn't it make sense, then, that we, too, should subject ourselves to reasonable regulation for the benefit of the animals in our care? Current Status of AB 302 With regret, we have made AB 302 atwo-year bill. This will allow us sufficient time to consider various amendments as well as generate additional support. Consequently; the bill will not be heard until January 1994. We will keep you posted. CAT PACKETS AVAILABLE If you are considering an ordinance in your community modeled after the California Feline Fix bill, which requires all outdoor cats to be sterilized, you may want to order a copy of the Feline Fix education packet. The packet covers all the pertinent information needed to argue a case for an ordinance requiring free-roaming felines to be spayed or neutered. The packet includes information on the following: • question/answer on what the legislation does and doesn't do and how it will reduce the cat overpopulation problem; • what is a cat spay/neuter operation; • medical and behavioral benefits to spaying/neutering your cat; • early-age spaying/neutering for cats; • endorsing organizations; • low-fee spay/neuter clinics in California; • feline statistics; and • press release announcing the bill's introduction. You are free to duplicate and modify the educational material for your own use, as long as.credit is given to The Fund for Animals. When undertaking breeding control legislation, it's irnportant to maximize its educational benefit. The Feline Fix educational packet provides a model for those considering similar legislation. See ordering information on page 7. AN INTERVIEW WITH GINNY BISCHEL, DVM AVAR me»rber, Dr Ginn}° Bischel, has developed u spar/castratinn~program in San Diego to address the increasing population of feral cots. Her ilrugram lots Veen so successful that other San Diego veterhun•ian.r have adopted it and nor keep it going on a regular basis. The AVAR interl~iewed Dr: Bischel so that- others interested in developing a similar program to address feral cats in their area could berte~t fi•orrr Iter experience. AVAR: Dr. Bischel, when and hoti1~ did your sterilization program for- feral cats get started? Bischel: I work for the`Department of Animal Control on a part-time basis and see a lot,of dumping of animals. It's very upsetting.. Because last November was. `Spay/Neuter Month,' I wanted to use our veterinary clinic to help alleviate the overpopulation problem. We have a lot of clients who trap and take care of feral cat colonies, so we devised a program to sterilize these animals. AVAR: How does-the program work? Bischel: We worked with local cat rescue groups to coordinate the program and they referred their. volunteers to work at the clinic to handle the paperwork. My clinic was used each Sunday throughout November, and my staff and I volunteered our time. Durin~z that month, we sterilized l67 cats. Since November, we have sterilized more than 1,000 cats. Now, the program has expanded to include six or seven other veterinarians who routinely sterilize feral cats.~In fact, one of these other clinics sterilized 100 cats in one day! There is a routine which needs to be followed to avoid confusion. Al] cats must be dropped off between 9 a.m. and noon and must be picked up by 1:30 p.m. that day. Whoever is responsible for the sterilized cat(s) must contain them for 24 hours from the time they are picked up to ensure -their safety. We assign duties in the office. Because most of the cats are brought to the.clinic in traps, otir front office volunteers take names of the people bringing. them in and then they label each trap with masking tape. We have two technicians for anesthetization which is done in a separate room, in case.-the cat manages to escape. Two technicians clip and prep the cats, one,gives an antibiotic injection, and one technician is in charge: of placing cats on the ' surgery table and putting them back into the appropriate trap. AVAR: Do you screen for diseases? Bischel: We give rabies vaccine and an antibiotic injection to all the cats, and provide some other vaccinations. We do not test for leukemia because of the expense. However, if a cat is obviously sick, we test, treat, or euthanatize her or him. At least these cats aren't having kittens and passing along diseases. It's not the whole answer, but it should help. We also tag all the cats with ear tags for identification. .AVAR: Is this hpe of program costl~•? Bischel: Well, we do it free, regardless. However, you have to use a special. suture material on the skin so that it dissolves and that is more expensive than other suture materials. Some of`the local cat rescue groups are providing money for the materials to other veterinarians involved in the program. AVAR: Have you had any complaints from other veterinarians about providing free sen~ices? Bischel: The majority. of local veterinarians haven't been very supportive of the program, although they aren't coming out against it. These cats will never be regular patients for any of these veterinarians yet, by allowing them to continue to breed, more cats will have to die as a result. Practicing. veterinarians and veterinary - medical students" should take a .trip through an animal control shelter and see the killing and the need for ' these services. - For more information, contact: Dr. Ginny Bischel, Otay Lakes Veterinary Clinic, 736 Otay Lakes Road, Chula Vista, CA 91910 (6l9) 482-2000. 2 - Dc's Bischel.& Stadtmore sterilizing feral oafs Photo by Marin Humane Society Who would suspect that a bill to mandate sterilization of all outdoor cats-over the: age of four months ...would be strongly and aggressively " opposedby cat caretakers? This: is the currenrstatus of California legislation, AB 302 (Horcher); the Feline Fix Bill;.: of which the AVAR is a co-sponsor.. Because o~the strong opposition to the bill; mostly from a few, but vocal, feral cat cai"e[akers, the bill has been made into. atwo-year bill: " Currently, the bill has the support of almost 200 nonhuman animal protection organizations, including local and national ones. However, the San Francisco SPCA has locked arms with several groups and influential individuals, in their opposition to the .bill claiming that it would force feral cat caretakers to be regulated which, , in turn, would cause them to stop feeding the cats: They also claim that. it is too much of a hardship for feral cat caretakers to have to sterilize their .colony of cats within a certain period of time. They do not appear,to understand that feeding these cats, without also sterilizingthem, continues and compounds the problem of overpopulation) The AVAR's veterinary members have strongly supported this legislation, as has the California Veterinary Medical Association. We believe~it isone of - the best pieces of legislation to be introduced on nonhuman animal protection matters, because it will impact literally millions of cats in California. We will keep you posted. CALIFORNIA DOWNED ANIMAL PROTECTION ACT GETS AMENDED The California Downed Animal Protection Act(SB 692), which was written to regulate the handling of nonambulatory animals at stockyards and slaughterhouses, has been amended. Originally, the bill, which is being - co-sponsored by the AVAR, would not allow the stockyards or slaughterhouses to receive, handle, or sell nonambulatory animals, and required - that these animals would be immediately euthanatized, if they arrived or became nonambulatory at these premises. Although this bill has a wide range of support from local and national .nonhuman animal protection organizations and numerous individuals,'the opposition from the dairy and other anima] agricultural industries has forced the AVAR and other co-sponsors to amend the bill to allow these animals to be moved one time. Photo by Farm Sanctuary The bill still stipulates that these nonambulatory animals cannot be dragged at any time, but does allow them to be moved via a sling; on a atoneboaf: or on other sled-like or wheeled conveyances. There are also numerous other restrictions on moving and handling these animals still included in. the bill. The bill faces an uphillbattle, especially in the Assembly, where there is a move to placebills; such as SB 692, which are written for the Penal Code, into the Agriculture Code, instead. Such placementhas the effect of weakening a bill because enforcement is almost non-existent in this category.- AVAR APPROACHES NATIONAL BREED CLUBS As part of the AVAR's campaign to stop ear cropping and tail docking procedures, it is circulating surveys to national breed clubs regarding their tail docking and ear cropping policies. Each breed club has received a copy of the AVAR's brochure on cosmetic surgeries, as . well. The AVAR's veterinary members have been very responsive to the new campaign, and many of them have ordered large quantities of the brochure to distribute to their clients. If you would like to help with the campaign to stop ear cropping and tail docking procedures on dogs, please write to the AVAR, P.O. Box . ¢269, Vacaville, CA 95696, and we will provide some suggestions on ,how you can help. The AVAR's brochure, Cosmetic Surgeries, A Cut Above Cruelri_'"~ is available for 10 cents each: 5' . CALIFORNIA FELINE FIX BILL OPPOSED BY CAT ENTHUSIASTS WHAT OTHERS ARE SAYING WHAT THE AMERICAN KENNEL CLUB HAS SAID: In a survey of dog breeders published in the January, 1992 Gazette: * Over 96% of the respondents think that canine overpopulation is a problem. 55.9% were active breeders at the time. * Over 84% said that they were willing to limit their breeding, 54% would limit their bitches to only 1 litter per year. * Over 64% support restrictive breeding measures. "Survey respondents show support for the control of breeding, which mirrors their concern about the overpopulation problem and commercial production of pure-bred dogs. Of even greater significance, though, is the demonstrated willingness on the part of the respondents to accept restrictive registration measures and pay for their implementation." The Top 3 Problems affecting the sport of purebred dogs. (Listed in order of importance:) 1. Puppy Mills 2. Overpopulation in Dogs 3. Hereditary Defects in Dogs From the 1991 Registration Statistics Published in the Gazette: "The increase in individual registrations in a single year was far and away the largest one- year jump in AKC history." 1,379,544 new individual dogs were registered. "The AKC has for many years registered about half the dogs actually eligible for registration." "Litters also totaled a new single year record in 1991...and marked the 6th consecutive year a new record for litter registrations was met." 567,763 litters were registered. WHAT BREEDERS HAVE SAID: From the AKC Gazette, Breeders Forum: "America might be the land of the free, but it's also become the land of Too Many Unwanted Animals. We can't blame communities for wanting to solve the situation. We've got to come up with our own solutions, or suffer the consequences." Chris Walkowicz Again, from the Gazette, Breeders Forum, where a breeder blames puppy mills for the problem: "We must become so squeaky-clean in our ethics that no one can point a finger at us. We can accomplish this through genetic testing and researching the lines of our own breeding animals. Puppy mills don't do this...Fanciers don't want pet shops to go out of business--we just want them to stop selling puppies." Chris Walkowicz From PSM Magazine, Readers Respond, where a pet store owner says that pet stores SHOULDN'T sell puppies: "We do not sell puppies in our pet shop. We advise all clients not to buy puppies in a pet store...No matter how caring and concerned the staff, all the things that should be done with a young puppy are impossible in a pet shop environment...Pet shops who buy from puppy mills and dog brokers are merely perpetuating these wretched places. I'm sure some are clean and well-run, but..the majority are not...Can you read the statistics of how many dogs die in shelters and still keep on providing grist for this mill?" Carole Krajeski Again, from PSM Ma a~ Readers Respond, where a pet store owner takes on Carole Krajeski's letter, above: "It seems to me that the best way to improve our industry and the health and care of the puppies/kittens we sell is to work within the industry. Join and support PIJAC and help their efforts to educate us, promote responsible and sensible legislation relating to sale and care of animals and to help identify and weed out irresponsible breeders/retailers/hobbyists...We can and will weed out the puppy mills..." Charles Martin- Vegue From PSM Ma azine, Readers Respond, where a breeder talks about the recession and the work of the Humane Society of the United States: "My segment of the industry, the puppy/kitten producers and suppliers, may be the hardest hit of a11...The Humane Society and the news media have attacked us with a vengeance. In the 31 years I've been in the business, I've never seen such awell-planned attack on a national scale...The HSUS goal is being met. The price of puppies is falling drastically, due to a lack of demand. The kennels are going out of business...I see some positive points in the fact that, for the first time since I've been in the business, people in the large chains of retail pet stores are more concerned about image than they are about price...Who knows...when this is all over, maybe the entire pet industry will be upgraded as puppy mills cease to exist. We may even adopt a national pet industry anthem that starts, "God bless the Humane Society," for they may force us to do what we wouldn't do before." Jim Hughes From the AKC Gazette, Mailbag: "The problem, however, is much greater than just breeder versus pet shop...the supply of puppies has to be greatly reduced, and eliminating puppy mills and breeding farms would certainly do that. But in order to have a more perfect world, we need mass education and to keep dogs out of the hands of people who should not have them." Jean Trentini WHAT CAT BREEDERS HAVE SAID: From CATS Ma a~ zine: "We must never lose sight of the fact that we are completely responsible for each and every kitten that we bring into this world." WHAT THE AMERICAN VETERINARY MEDICAL ASSOCIATION HAS SAID: From JAVMA, in their AVMA News: "Veterinary medicine needs to get on the right side of this issue. Veterinarians should stop encouraging people to breed their animals. Few animals are of a quality that would contribute to the gene pool. We can be part of the solution if we'll simply give clients some honest advice." Dr. John Hamil From a Press Release from the AVMA: "..Millions of pets continue to be killed annually in the US because permanent homes are unavailable...Pet overpopulation continues because of two major factors: too many births and too many animals relinquished or abandoned...It is absolutely time for all people who care for animals to work together to solve the pet overpopulation problem. Currently, millions of dogs and cats in the U.S. are endangered as species, not because there are too few, but too many. According to Dr. (Patricia) Olson, "veterinarians can be instrumental in encouraging their clients to neuter pets before puberty, or before the risk of pregnancy occurs. Just one litter of kittens or puppies allows this horrible problem to continue." WHAT VETERINARIANS HAVE SAID: In JAVMA: Plumb "There is only one way to decrease the surplus. That is to have less births." L.R. "Only a few of the excess pet animals will find a home, and the closest to welfare we can provide the vast majority is a humane death. The kindest thing we can do is to collect and euthanatize them. This is hardly adequate welfare. Not allowing the excess to develop is the only effective way to address their welfare...Veterinarians have largely ignored the problem and often indicated that it really doesn't exist, that it is the result of ineffective adoption programs. Generally, we also tend to believe that if there is a problem, subsidized spaying and neutering is not a solution. Even more importantly, we have not actively educated our clientele about the responsibilities of pet ownership...and the importance of spaying and neutering. Although we have the expertise and the respect that would qualify us to have a major role in combatting overpopulation, we have elected not to do so...We must all be humane educators and advocates for responsible pet ownership, including T spaying and neutering...The excess of pet animals is a serious problem. Not allowing the excess to occur is the only effective way to speak to the animals' welfare. The necessary elements to overcome it exist. It can happen only with cooperative efforts, and veterinarians must have a major role." Gus Thornton, DVM "How would the veterinary community respond to a disease that resulted in annual deaths of between 10 and 25% of all dogs and cats? The veterinary community certainly would unite to control such a horrible disease...Why then, does our profession continue to accept the fact that between 1/10 and 1/4 of all dogs and cats in this country are killed annually because they do not have homes?" Patricia Oison, DVM "Our profession, in its entirety, must stress to the public the need to spay and neuter every dog and cat, and to explain to owners the benefits of neutering to the animal itself as well as to the pet population in general. In my experience, many clients who have purchased "AKC-Registered" pups want to breed their female or have their male stand at stud simply because their pet is purebred and is a "fine specimen." Even though many of these animals may not be fine specimens, the people feel that because they paid a high price for their pet, it must be special. Some expect to recoup some of their expenses by breeding, as well. Nevertheless, I know of veterinarians who encourage people to breed such pets. We are not ensuring future business by encouraging breeding or by not recommending spaying and neutering. We are simply contributing to the problem of pet overpopulation. Responsible pet ownership begins with the first trip to the veterinarian. Most pet owners trust and abide by veterinarians' recommendations. We do a disservice to pet owners and the pet by not making the right ones." Donald K. Allen, MS,DVM "We should do more, as a group and as individuals, to educate and inform the public on choosing the right pet and dealing with pet overpopulation through responsible pet ownership." Howard D. Martin, DVM WHAT THE NATIONAL CONFERENCE OF MAYORS HAS SAID: "The United States Conference of Mayors encourages legislation that restricts indiscriminate breeding through permit systems, licenses, breeding moratoriums, fines and/or low cost-spay and neuter programs." (From a resolution passed by the U.S. Conference of Mayors in 1992) ~ ~! ~. ~~ 'Ibe Humane Society of the United States 2100 L Stmt, NW, Washington, DC 20037 ~. , A.ssenions that steel ter workers cannot recognize purebred animals reek of sophistry. A rynic might suspect that these arguments are designed to draw attention away from the supply-side responsibility that breeders incur by producing litters. The same suspicions apply to the argument, advanced by Washington state dog breeder Faye Strauss in a recent letter to the Seattle Times, that "it is an industry practice to spay and neuter pets." An industry practice? For sure, many breeders require anyone buying a puppy or kitten to sign a spay-neuter contract, but how many of those contracts arc enforced? Shelters, who often have the weight of local ordinance on their side, do well to achieve aspay-neuter compliance rate of 80 percent. Can breeders demonstrate that they do any better? Guy R. Hodge, director of data and informa- tion services for HSUS, believes that "breeders have not been willing to accept their own culpa- bility in the pet overpopulation problem. There are a finite number ofgood homes for companion animals. If you produce animals that usurp any of those homes, you aze part of the pet-overpopula- tion problem." Breeders reply that virtually all the animals they produce are bought by people who would not acquire an animal were it not purebred. Moreover, breeders do not feel that the surplus of dogs and cats constitutes a moral imperative vis-a-vis the deliberate production of additional companion animals. But it is reasonable to assume that some of the animals they produce bump shelter animals away from the food bowl. Let us assume that one out of three pedigreed animals sold commandeers a home that would have otherwise gone to a shelter animal. Then let us consider thatAKC registered 1.38 million new dogs in 1991, while the Cat Fanciers' Association (CFA) registered 75,525 new cats. If, as AKC and CFA estimate, little more than half the purebred puppies and kittens born ever get registered, say 55 percent for purposes of discussion, then there were 2.51 million dogs and 137,000 cats pro- duced by animal fanciers in 1991. If one third of those animals took homes from shelter animals, then shelters had to euthanize roughly 873,510 animals that would have been adopted: 828,300 dogs and 45,210 cats. The cost of euthanizing those animals is consid- erable, roughly $35 per six-pound cat and $46 per twenty-pound dog after all expenses are factored in, says Carter Luke, vice president for the humane services division of the Massac.Iiusetts SPCA. Thus, the 45,210 cars and the 828,300 dogs that would have been adopted if not for the activities ofanimal breeders in 1991 cost $39.7 million to euthanize. Add to this the cost of euthanizing the 660,000 purebred dogs and the 80,000 purebred cats brought into shelters currently (or the cost bf euthanizing the animals that do not get adopted from shelters because some of these surrendered purebreds are adopted instead), and the breeders' tab grows to $72.9 million annually. Or $28 for every purebred animal born each year. No other argument is needed to justify chazgi ng higher licensing fees to those who keep unaltered animals or requiring additional fcac from people who breed animals-"serious" and backyard breed- ers alike. "When shelters are killing millions of animals a year, it's pointless to make a distinction between the offspring of so-called good breeders and the happenstance offspring of backyard breed- ers and people who let their animals loose," says Marc Paulhus, director of sheltering and compan- ionanimals at HSUS. "Every litter contributes to the pet overpopulation problem." Photo: 7. Yamaraki Act ionLine: Wncer 1993 11 Ch. Saizen'sJava (Seal Lynx PointJavanese). Paulhus believes that "if breeders loved dogs and cats as they so desperately claim, pet overpopula- tion would be in the forefront of their concerns, bur it has not been." Indeed, adds Mitchell Fox, animal-issues direc- tor for the Progressive Animal Welfare Society (PAWS) in Lynwood, Washington, "Breeders would sooner tolerate the status quo regarding animal overpopulation than accept any limita- tions or regulations on their activities." The typical, we-didn't-stare-the-fire argument was raised in the Mazch/April 1992 issue of ANIMALS magazine byThomas H. Dent, execu- tivedirector oftheCat Fanciers' Association. Dent told ANIMALS that breeding-control legislation is ill aimed because "it sweeps up into the net the people we feel are not the most heavy contributors to the (pet overpopulation) problem." One would expect the executive director of an association to be better acquainted with its statis- tics. In 1991, 19,405 people registered a total of 52,654 liners of kittens with CFA. Sixty-nine percent of those people registered only one or two liners. Yet this 69-percent cohort produced only 33 percent of all litters registered. The most fecund cat breeders-the 800 animal lovers who registered ten litters or more in 1991 -produced 11,076 litters. Thus, the most fertile four percent of all cat breeders produced 21 percent of the total liners registered for the yeaz. Contrary co Dent's claim, this cohort does comprise the cat fancy's "most heavy contributors" to the pct-overpopulation problem. ("Though AKC refuses to provide so detailed a picture of its constituents' activities, Cavanaugh reports that 90 percent of the people who registered litters with AKC in 1991 produced only one litter, 8.5 percent produced between two and ten litters, and 1.5 percent produced more than ten litters.) If registries were serious about helping to de- crease pet overpopulation, they would refuse to register more than three litters a year for any breeder. By raising litter-registration costs slightly, from $7 to $11 per litter, they could do so without loss of revenue. Ofall the rhetorical smoke bombs hurled against pet-limitation and breeding-restrictive ordinances, the most bizazre is the charge that people who sponsor "coercive legislation (are) the same radical groups that deface property, destroy equipment in university laboratories, steal research documents, and create general mayhem to serve their anarchist (sic) purposes." This news bulletin appeared in the September issue of CATS magazine in an article fatuously entitled "We're the Good Guys," written by a CFA breeder-judge. Perhaps someone should tell her that it is the Animal Liberation Front (referred to as the Annual Liberation Front in a Dog News diatribe) that interacts with researchers' equip- ment, not the Peninsula Humane Society, the Progressive Animal Welfare Society, HSUS, Friends of Animals, and other groups that have sponsored or endorsed pet-limitation and breed- ing-restrictive ordinances. Anorherfazcical declazation appeazed in a broad- sidedistributed by a group called We're Account- able Guazdians (WAG): "Friday the 13th is Com- ing!And one by one theywill all disappear!" Those wags at WAG -fiercely opposed to the recently passed King County Ordinance, which requires the owner of an unaltered animal to pay a $55 license fee -declared that the King County Ordirianee was "The First Step in the Animal Activist's Agenda -Elimination of all Companion Animals. " These tongue-waggers would have people be- lieve that every animal protection group that sponsors pet-limitation orbreeding-restrictive leg- islation is a branch of People for the Ethical Treatment of Animals (PETA). Although PETA believes drat breeding should be illegal, says PETA spokesperson Amy Bertsch, "we don't, as an or- ganization, draft legislation." Nor does PETA advocate confiscatingcompanion animals, as WAG and others contend. WAG does contend, however, that "animals are homeless because society has allowed itself to become disposable." Makes you wonder how breeders have managed to exert so much sway with local legislators when- ever pet-limitation or breeding-restrictive ordi- nances have been proposed. (To date, no ordi- nance limits the number of litters a breeder may produce.) But most of all, it makes you want to remind legislation advocates chat some of the breederswho behaveobnoxiouslyatcounry-council hearings may be in violation of existing pet- limitation ordinances as well as the canons of good taste. ~; 12 News: Winter ]993 ~ R AN ,~. Z ,, ~ a 1838 COUNTYADMINISTRATOR ELMER C. HODGE (703) 772-2004 `L~~XC~ ~~ ~r~YXt~.~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 October 1, 1993 BOARD OF SUPERVISORS H. ODELL'FUZZY' MINNIX, CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILL MAGISTERIAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Mr. Geoffrey Ottaway 5288 Flintlock Circle Roanoke, VA 24014 ~~~ Dear Mr . O-t~away I am pleased to inform you that at their meeting held on September 28, 1993, the Board of Supervisors voted unanimously to appoint you as a member of the Virginia Western Community College Board to fill the unexpired four-year term of Patrick N. Shaffner beginning September 28, 1993, and ending June 30, 1995. State law provides that any person elected, re-elected, appointed, or re-appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. We are also sending you a copy of the Conflicts of Interest Act. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Very truly yours, /~ ~~5~~ H. Odell "Fuzzy" Minnix, Chairman Roanoke County Board of Supervisors LBE/bj h Enclosures cc: Dr. Charles Downs, President Virginia Western Community College Committee File Board Packet File ®R~,yaed PaPe- ~ R AN ,I. ~. , Z. 0 a 1 38 (~.~ixxtt~ a~ ~ o~x~.a.~e P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COU NTY ADMI NISTRATOR ELMER C. HODGE (703) 772-2004 Mr. Billy Branch 3604 Penn Forest Blvd. Roanoke, VA 24018 c ~~ Dear Mr. October 1, 1993 BOARD OF SUPERVISORS H. ODELL "FUZZY MIN NIX. CHAIRMAN CAVE SPRING MAGIST'ERU1L DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT BOB L. JOHNSON HOW NS MAGISTERALL. DISTRICT EDWARD G. KOHINKE. SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Industrial Development Authority. Citizens so responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. I am pleased to inform you that, at their meeting held on September 28, 1993, the Board of Supervisors voted unanimously to reappoint you as a member of the Industrial Development Authority for a four- year term. Your new term will expire on September 26, 1997. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. We are also sending you a copy of the Conflict of Interest Act. State law requires that you take an oath of office before the Clerk of the Roanoke County Circuit Court. This oath must be administered rior to your participation on this authority. Please telephone Steven A. McGraw, at 387-6205, to arrange to have the oath administered. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincere y, ~~jj U"/ H. 0~13~uzz " Min ix Chairman Y , Roanoke County Board of Supervisors HOM/bjh Enclosures cc: Chairman or Committee Contact Person Committee File Steven A. McGraw, Clerk of Circuit Court ® Bagdad Paper r ~ R AN ,), F ti •< p z ~ a a 1838 COU NTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 October 1, 1993 BOARD OF SUPERVISORS H. ODELL "FUZZY' MIN NIX, CHAIRMAN CAVE SPRING MAGSSTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILL MAGISTERIAL DISTRICT BOB L. JOHNSON HOW NS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT P (703) 772-2005 Mr. Cecil Hill Route 8, Box 161 Roanoke, VA 24014 Dear Mr. Cecil: The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Grievance Panel. Citizens so responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. I am pleased to inform you that, at their meeting held on September 28, 1993, the Board of Supervisors voted unanimously to reappoint you as a member of the Grievance Panel for a two-year term. Your new term will expire on September 27, 1995. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. We are also sending you a copy of the Conflict of Interest Act. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. HOM/bjh Enclosures Sincerely, ~vl / ~~ H. Odell "Fuzzy" Minnix, Chairman Roanoke County Board of Supervisors cc: D. Keith Cook, Director of Human Resources Committee File Board Packet File P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 ® Recyded Paper ... ~~ ~`~~ ~~~ 3 ~~ ~~ COU NTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 C~~~xx~# ~~ ~~xx~~.C~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 October 1, 1993 BOARD OF SUPERVISORS H. ODEII'FUZZY MINNIX, CHAIRMAN GVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILL MAGISTERUIL DISTRICT BOB L JOHNSON HOW NS MAGISTERUIL DISTRICT EDWARD G. KOHINKE, SR. GTAWBA MAGISTERUIL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Mr. Patrick Shaffner 2635 Turnberry Road Salem, VA 24153 Dear Mr. Shaffner: The members of the Roanoke County Board of Supervisors have asked me to express their sincere appreciation for your previous service on the Virginia Western Community College Board. Allow me to personally thank you for the time you served on the Board. Citizens responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. Roanoke County is fortunate indeed to have benefited from your unselfish contribution to our community. As a small token of appreciation, we enclose a Certificate of Appreciation for your service to Roanoke County. Sincerely, . H. O el~"Fuzzy" Minnix Chairman Roanoke County Board of Supervisors HOM/bj h Enclosure cc: Chairman or Committee Contact Person Committee File Board Packet File ®Regded paper ~ P AN ,1, ~.. ,, y z V :< a2 ~3 ~~~txtt~ ~f ~~r~t~.o~~.E P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COU NTY ADM I NISTRATOR ELMER C. HODGE (703) 772-2004 October 1, 1993 BOARD OF SUPERVISORS H. ODELL "FUZZY MIN NIX, CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT BOB L JOHNSON HOW NS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERAL DISTRICT HARRY C. NICKENS V INTON MAGISTERIAL DISTRICT (703) 772-2005 Dr. Bayes Wilson, School Superintendent Roanoke County School Board 526 College Avenue Salem, VA 24153 Dear Dr. Wilson: Attached is a copy of Action No. 92893-16, granting a special use permit to the School Board of Roanoke County to allow the expansion of an existing school building at 6758 Northside High School Road (tax parcel #37.10-1-20), Catawba Magisterial District. This action was approved by the Board of Supervisors at their meeting on Tuesday, September 28, 1993. Also attached is a copy of Resolution No. 92893-15, authorizing the issuance of not to exceed $2,310,000 general obligation school bonds of the County of Roanoke, Virginia to be sold to the Virginia Public School Authority and providing for the form and details thereof. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, Clerk Roanoke County Board of Supervisors /lav attachment c: Terrance L. Harrington, Director, Planning & Zoning Arnold Covey, Director Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney ® R~yd~ per, ~A ,{''~,,~,,y~ ~~~ ~~1 .~, COU NTY ADMIN ISTRATOR ELMER C. HODGE (703) 772-2004 ~aor~~~ ~~ ~r~C~~.~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 October 1, 1993 BOARD OF SUPERVISORS H. ODELL "FUZZY MINNIX, CHAIRMAN GAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILLS MAGISTERAL DISTRICT BOB L. JOHNSON HOLLINS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Mr. Gary Everhardt, Superintendent Blue Ridge Parkway, National Park Service US Department of the Interior 200 BB&T Building One Pack Square Asheville, NC 28801 Dear Superintendent Everhardt: Attached is a copy of Resolution No. 92893-6, requesting that the National Park Service and Blue Ridge Parkway hold a public hearing on protection of the Blue Ridge Parkway. This resolution was approved by the Board of Supervisors at their meeting on Tuesday, September 28, 1993. If you need further information, please do not hesitate to contact me. Sincerely, `~~cz~.c f, mod. Mary H. Allen, Clerk Roanoke County Board of Supervisors /lav attachment c: Terrance L. Harrington, Director, Planning & Zoning ®Recy~led Pepe- 0~ AOAN ~.~ Z ' ~ o a 838 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 October 1, 1993 BOARD OF SUPERVISORS H. ODELL "FUZZY' MIN NIX, CHAIRMAN GAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILL MAGISTERIAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERAL DISTRICT (703) 772-2005 The Honorable Howard Musser, Chairman Roanoke Valley Regional Cable Television Committee 215 Church Avenue Roanoke, VA 24011 Dear Chairman Musser: Attached is a copy of Action No. 92893-2 authorizing the filing of certification with the Federal Communications Commission to permit the County of Roanoke to regulate rates for basic cable service and equipment consistent with the 1992 Cable Act. This action was approved by the Board of Supervisors at their meeting on Tuesday, September 28, 1993. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, Clerk Roanoke County Board of Supervisors /lav attachment c: Joseph Obenshain, Sr. Assistant County Attorney Anne Marie Green, Cable TV Committee Mary Parker, Roanoke City Clerk Clay Goodman, Vinton Town Manager ® Recycled Paper F~ AN4, a ,, sl a 13 COUNTYADMINISTRATOR ELMER C. HODGE (703) 772-2004 ~~~.t~~ ~~ ~~~~.~.~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 September 30, 1993 BOARD OF SUPERVISORS H. ODELL "FUZZY MINNIX, CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGLSTERALL. DISTRICT (703) 772-2005 Mr. Clay Goodman, Manager Town of Vinton 311 S. Pollard Street Vinton, VA 24179 Dear Sir: Attached is a copy of Action No. 92893-2 authorizing the filing of certification with the Federal Communications Commission to permit the County of Roanoke to regulate rates for basic cable service and equipment consistent with the 1992 Cable Act. This action was approved by the Board of Supervisors at their meeting on Tuesday, September 28, 1993. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, Clerk Roanoke County Board of Supervisors /lav attachment c: Joseph Obenshain, Sr. Assistant County Attorney Anne Marie Green, Cable TV Committee Howard Musser, Regional Cable TV Committee Chairman Mary Parker, Roanoke City Clerk ® Recyded Paper o~ aonN ~.~ ,; h Z J _ a2 1 38 COUNTYADMINISTRATOR ELMER C. HODGE (703) 772-2004 C~~~xxY# ~#~ ~r~xxY~.~.~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 October 1, 1993 BOARD OF SUPERVISORS H. ODELL'FUZZY' MIN NIX, CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Mary F. Parker, City Clerk Roanoke Municipal Building, Room 456 215 Church Avenue Roanoke, VA 24011 Dear Ms. Parker: Attached is a copy of Action No. 92893-2 authorizing the filing of certification with the Federal Communications Commission to permit the County of Roanoke to regulate rates for basic cable service and equipment consistent with the 1992 Cable Act. This action was approved by the Board of Supervisors at their meeting on Tuesday, September 28, 1993. If you need further information, please do not hesitate to contact me. Sincerely, `~~~~+ ~ - Mary H. Allen, Clerk Roanoke County Board of Supervisors /lav attachment c: Joseph Obenshain, Sr. Assistant County Attorney Anne Marie Green, Cable TV Committee Howard Musser, Regional Cable TV Committee Chairman Clay Goodman, Vinton Town Manager ® R~yaed Paper Q~ ANS. ti ~ =• p 2 1 38 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COU NTY ADM I N ISTRATOR ELMER C. HODGE (7c ~~ ,~~ September 30, 1993 BOARD OF SUPERVISORS H. ODELL'FUZZY MINNiX, CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT +Ca~/C°~5 / ~yo~ N~~ '7''MP..M, (703) 772-2005 The Reverend Jay Owens Lynn Haven Baptist Church 1501 Washington Street Vinton, VA 24179 Dear Reverend Owens: On behalf of the Board of Supervisors, I would like to thank you for offering the invocation at our meeting on September 28, 1993. We believe it is most important to ask for divine guidance at these meetings and the Board is very grateful for your contribution. Thank you again for sharing your time and your words with us. Sincerely, LBE/b cc: oard Packet File .~ 3 `,....~`~ H. Odell Fu~zy Minnix, Chairman Roanoke County Board of Supervisors ® Recycled Paper . -. , ~~ I . ~ t ~i COU NTY ADMI N ISTRATOR ELMER C. HODGE (703) 772-2004 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 September 30, 1993 BOARD OF SUPERVISORS H. ODELL "FUZZY MINNIX, CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILL MAGISTERIAL DISTRICT BOB L. JOHNSON HOLLJNS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERALL. DISTRICT HARRY C. NICKENS VINTON MAGISTERAL DISTRICT Ms. Dawn Hale (7os) 772-loos 418 Chestnut Street Vinton, VA 24179 Dear Ms. Hale: Thank you for attending the Board of Supervisors meeting on September 30, 1993 and speaking to the Board regarding pet overpopulation. The Board of Supervisors directed the County staff to prepare a resolution of support for legislation that would mandate spaying and neutering of pets. County Attorney Paul Mahoney will prepare a draft resolution to be brought to a future meeting. Should you need further information regarding adoption of the resolution, you may contact the County Attorney's Office at 772- 2007. Sincerely, Mary H. Allen, CMC Clerk to the Board of Supervisors CC: Paul M. Mahoney, County Attorney Board Reading File ®Regded Paper ~ ROAN ,). a ~ ~ ,, ~ z Ov 2 13 COU NTY ADMI NISTRATOR ELMER C. HODGE (703) 772-2004 C~.~~xxY# aa~ ~~xxti.~r.C~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 September 8, 1993 Rev. Jay Owens Lynn Haven Baptist Church 1501 Washington Street Vinton, VA 24179 ,3y~-`ia~. Dear Reverend Owens: BOARD OF SUPERVISORS H. ODELL'FUZZY' MINNIX, CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT LEE B. EDDY, VICE-CHAIRMAN WINDSOR HILL MAGISTERIAL DISTRICT BOB L JOHNSON HOWNS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR. CATAWBA MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 The Roanoke County Board of Supervisors begins each board meeting with an invocation given by a minister from the community. We would like to invite you to present the invocation on Tuesday, September 28, 1993, at 3:00 p.m. If you are unable to do this, and your church has an associate minister, we would be pleased to extend the invitation to him or her. The board meetings are held the second and fourth Tuesdays of the month at the Roanoke County Administration Center, 3738 Brambleton Avenue, in the Community Room. The invocation is always given at 3 p.m. and I am attaching a list of the 1993 meeting dates for your information. If the date requested above is not convenient, please call me at 772-2005. I will be calling you soon to see if this time is acceptable to you or if you would prefer another date. The Board members are aware of how busy your schedule is, and they appreciate your volunteering your time to offer God's blessing at their meetings. Sincerely, u' Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors ~a~~f3 ~e~ - ~. Q~w,,. c..,CL.A ® Regded Paper LEGAL NOTICE ROANORE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, September 28, 1993, in the Community Room of the Roanoke County Administration Center, 3738 Brambleton Avenue, Roanoke, VA, on the petition of the School Board of Roanoke County for a Special Use Permit to expand Northside High School, located at 6758 Northside High School Road, Catawba Magisterial District. A copy of this application is available for inspection in the Department of Planning and Zoning, 3738 Brambleton Avenue, Roanoke, VA. Dated: September 9, 1993.~~ Mary H. llen, Clerk Please publish in the Roanoke Times & World-News Tuesday, September 14, 1993 Tuesday, September 21, 1993 Direct the bill for publication to: School Board of Roanoke County 526 College Avenue Salem, VA 24153 (703) 387-6400 SEND AFFIDAVIT OF PUBLICATION TO: ROANORE COUNTY PLANNING DEPARTMENT P.O. HOR 29800, ROANORE, VA 24018 LEGAL NOTICE ROANORE COIINTY BOARD OF SIIPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, September 28, 1993, in the Community Room of the Roanoke County Administration Center, 3738 Brambleton Avenue, Roanoke, VA, on the petition of Appalachian Power Company for a Special Use Permit to erect a 152 foot self-supporting broadcasting tower, located on Honeysuckle Road 1.75 miles from intersection of Honeysuckle Road and Poor Mountain Road, Windsor Hills Magisterial District. A copy of this application is available for inspection in the Department of Planning and mooning, 3738 Brambleton Avenue, Roanoke, VA. Dated: September 9, 1993 Cf~~ Mary H. len, Clerk Please publish in the Roanoke Times & World-News Tuesday, September 14, 1993 Tuesday, September 21, 1993 Direct the bill for publication to: Appalachian Power Company Attn: P. J. Kehrer PO Box 2021 Roanoke, VA 24022 (703) 985-2991 SEND AFFIDAVIT OF PIIBLICATION TO: ROANORE COIINTY PLANNING DEPARTMENT P.O. BO% 29800, ROANORE, VA 24018 LEGAL NOTICE ROANORE COIINTY BOARD OF SIIPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, September 28, 1993, in the Community Room of the Roanoke County Administration Center, 3738 Brambleton Avenue, Roanoke, VA, on the petition of the Roanoke County Planning Commission to amend the official zoning maps by the adoption of revised Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency to be effective October 15, 1993 and to make minor amendments to Section 30-74, Floodplain Overlay District, of the zoning ordinance to reflect the new maps. A copy of this application is available for inspection in the Department of Planning and Zoning, 3738 Brambleton Avenue, Roanoke, VA. Dated: September 9, 1993 y'7')Q-~-~~, ~, Mary H. Allen, Clerk Please publish in the Roanoke Times & World-News Tuesday, September 14, 1993 Tuesday, September 21, 1993 Direct the bill for publication to: Roanoke County Engineering & Inspections Department PO Box 29800 Roanoke, VA 24018 (703) 772-2080 SEND AFFIDAVIT OF PIIBLICATION TO: ROANORE COIINTY PLANNING DEPARTMENT P.O. BO% 29800, ROANORE~ VA 24018