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9/18/1993 - Adopted Board Records
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 92893-1 DECLARING THE WEEKEND OF OCTOBER 8 AND 9, 1993 AS "THE SECOND ANNUAL ROANOKE 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 ROANOKE 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. Allen, Clerk Roanoke County Board of Supervisors CC: File Proclamations Jim Jones, Assistant Parks Director 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 92893-2 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 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 I WHEREAS, the County has determined that its best interests are served by moving forward in an expeditious manner seeking certif ication 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 # 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, 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. SUBMITTED BY: e Cliffor r ig, P.E. Utility Director APPROVED: % Elmer C. Hod County Administrator G"a ACTION VOTE Approved (X) Motion by: Nickens to execute No Yes Abs Denied ( ) Change Order Eddy X Received ( ) Johnson Referred Kohinke X to Minnix X Nickens X CC: File Clifford D. Craig, Utility Director Ea 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) 1,222.0 CY $300.00/CY = $366,600.00 Spring Hollow Reservoir, Roanoke County Virginia ITEM 6.1: MOBILIZATION (Project) 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 E -a 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 $ 1,420.50 DECREASE <$12,163.50> ITEM 6.3: PIEZOMETER AND DRAIN HOLES ITEM 6.7: FLUIDIFIER ESTIMATE: 1,300.0 LF $39.00/LF $ 50,700.00 ACTUAL: 1,293.3 LF $39.00/LF $ 50,438.70 100.00 ACTUAL: 0.0 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 DPT -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 1.0 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 <$ 11,491.50> $ 10,000.00 $ 1,895.00 <$ 8,105.00> $162,500.00 $311,431.25 $148,931.25 E-A HSMM DPT -S3, Rev. 04/14/92 Page 3 of 5 Scope of Work Change Order No. 17 17 September 1993 Page 4 is 14IM, IF'�[M:1.114,142I :1 Ijl C —4--;� HSMM DPT -S3, Rev. 04/14/92 Page 4 of 5 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 $1,020,097.70 The following references are attached as exhibits: Exhibit Reference A PCL Serial Letter No. 163 - Requesting a Change Order B HSMM's Dale Kight approval of quantities for Item 3, 4, 5, and 7 - dated 30 August 1993 C HSMM's Dale Kight approval of quantities from Item 6.1 through 6.14 - dated 31 August 1993 D Spreadsheet for Item 7, dated 31 August 1993 comparing RCC theoretical to ticket quantities. Adjustment per contract is based on -theoretical (neat lines) HSMM DPT -S3, Rev. 04/14/92 Page 4 of 5 Scope of Work Change Order No. 17 17 September 1993 Page 5 SUMMARY E-i;� ITEM DESCRIPTION AMOUNT 3 Dam Excavation <$ 18,600.00> 4 Dam Foundation Preparation 67,800.00 5 Dental Concrete * 216,600.00 6.1 Mobilization and Demobilization -0- 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 Page 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 12892-11 (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 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. Allen, 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 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 11B-1" (39.576 Ac.) and New Tract 11B-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 K 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 92893-6 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 C r 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 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 92893-7 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: 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 ISSUES 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 Kchinke, 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 0 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 OAKS 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 (401) 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 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 92893-9 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: E1 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 Wgen 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 E 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 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 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. Group A 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 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. ::..................;.:........................ ..:.........................,..........: Industrial user means an user t`>a >:'acrs 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(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. 0 ..............::.: .........................::: ::: ...:::::::.�.iii::.:............................. .. "ti• .f' : : .i1..�.::':iiiiiiii i+..•i::r:6ii:;}:•i'{::;ii:•i:0:?yii:::L' :•iii:•i:-i:•i;•i;???4iii:i?•iiiiiiiiJii:4i:•iiY�i:':::::::::::::::: w:::: •:::: ::v. ••.v:: .:::::::::::::::::............ .......... .............................. . ?:ii�.::::::::>::•'••;. �i��:.:.:;: - '. ':.'::.:::�'.' :.. •;:;:::(',� : iii: :::::::%:: ::.::::. :;:::i' �. %iiii::: :: :.....::%`:::: :.. •::;::; ?.::: ..:::::.. ' . •ii is .. . ' . • '. ; :: '{ �?t••?:..:. m . .?.:.•;. ...........................................:::.............:......_n.:..............:..........................................:...........................:::%i::.ry.::ti!-:ins/i'/,!/�w:h::F'f.:: w::iii;?.•:;";::.::-::<:;;."W;;;:.«<;:;:.;;:.; F: i:.'. :i:?.: :i •i ' :ii:i ilii. { • '::iii:.. .......:.......; ..FFF, {.• vrr.;r:.� Vii' .:.i:{ •{.i:.}:..'.{: -....iii:::vi:?:i:i r{:::ti:::ii::::4i:::ir-}:yy:::::ii::ii .iii.yii:�?4i...::i ii:'i::ii::::::::: "':.::?v::?iii l:::ii:i:::?(Jii iii j'ii:itii:iv 'iiX: iiiiiii:{{?:...iiiiiii:<{4iii............iiiY?i::::::::::: •:. �:: •:::.: •• "w:;: ::::: v:. �: :...:i:i:..::iii:.i' .i:.ii'.; .;::?L:::::8:::.OQi2 ii••; -':{•.>i:.:;.: �:.:ii•i:-is?i•;:•i:;:;:i:;•;,: i>:.:.:;>:.i:.ii:.>:?i•:i?•:i-ii:-;•.;:;::;:::;t.i::>:.i:;'i:.:.>:.iii:'::?: •:•i:•>iii:-i:-:•i:•i:?-:•i;•i:�:.i:;::::::: .:::::: ...: ..: ..::: .::: .::::::::: .................... ... ::.::: ::: ::::::iii:::: :... :.. :..: •i:;;•r .:?.: :..: ... ..,.::;.:i; ?:..;. "::.;. .......::.y.:?: .;:.: :.no:i.. ... >f ;? ff {i>:.r?•i:•i:•i ::::::,:::::::???<.:.:.:?.:??.:?.:<::::::::::.:::.>i:;.iiiiiii:?i.;�:'::::::.::::::::::.::::::::�:�.iiiQ�°.::�7#.:::;iE:,�..�:�;�•���.::�.:?.:xt�:� ., ....................................:: ...... .. ... . ............. .... .. ....... . . . ... ......... ... .................... . ........... ...... ..... .. .. . .. . .............. . ... .................... . Al .. ......... ............. * ....... . ......... ........ ... .. . . . ........ . .................. I* ..... .2 kt-a-' t r ASRM: b. .. . . . ..... ... . ........... :..i:;iiiiii:•i:{{{{{{.; -a iF Normal wastewater means wastewater discharged into the sanitary sewers 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 (pyro, meta, and poly -phosphates), and organically bound phosphates. The concentration of total phosphate is determined by the "Standard Methods" test procedure. Plantmeans the City of Roanoke Regional Sewage Treatment Plant, or �j :.;::...:::::.......::::...........::::::::::::..............::.:::.:::.::..:::::..::::..;'.:::.:::::.:::::.; lr:4 i:'}:j:;isiisii,+..i:•isiiiii%}G.isiL'.F':iii:•i:•ii'fii:•:i;:i+:r:".ii ... •rik�.l�f .:SF:�. .....*t•.rr ; . ' 3:, .:..: i.:i .;::$::'r� 'ii:. " r : ii'::j� ...............................:.................... i}i:'•yi:Y.;:y?ti "'i:iiii':+;;Liiii::i•:�X}•i:•ii:Li:^:4iiii}i:'iiiii :Jiiiiii::Jii:vviY:}ii:'is4iii:•iiyiii}iii:'v:iLii•::i::::: ':::::::::::::: •::::::::::.•::::::::::.:::::. W:>:flxv: »>astxater€:>:<to€:»:>:;: 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 (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 03. 8 (f ) (6) , determine that such user should not be considered a significant industrial user. :.:;;:::::::.:::::.::::: :::.;;.: a..:.: natx. <::.. . :.. _i:.i;;:Y.;ii:i4ii:;:i:;}'.':: rii}iiii:vi:•:'ii}i}iiii:^i:iiiiiii:ii::4iiiii:i:.: is"}i'.: .:::::::::::::::::::: ..::::::.:•v._:::::::::::.:.:::..................................................... ... .:.:. 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'::. ::>:: ::i::: .: :•i R:: .:...,y...;:.',::::.;; .. :y...,:i:;,..::.. ::::.:: '::::.:: .:.;' ::::. ::::: i:::..;::;•::.;:::: :.: �'•.}:.;:•}:i iiii}r ......... ::i:•':}:.::}:.}: r::..:.:::xres:>;;e ::::::«s:>:;:ba:e'.:..: �:ii:ontfl }.. ,: ;fes;' ii;:.: ; i::.i}:.:.:.:.i:. i:.:;«:.:.:.:':.:".;}:.::::::::::...::..::::::.:::::::::::.::::..::::........................ ,:.:v::::.:::;::aX.e:.}<:Ched.::::::: fl a ixra �� r 6 .. m �x I1fl ..slatnsr:.r.ou .<.}; o.;:.: Q.:.. _. _. _ P�c� . . }:::.} ..::............:..::..:: >:...iii>:..;,:.::::.;..:...::>::..:.}':.::::::.::>.i.:.:i::.i}}:.r •<:< .:},.,M;:.::ih:.}}}}: aufitQr:. :d;:rm ns«::::w:2>. <:»>::adue.:.:. :.:...;}:.;: ..::.:. :;.:;.. ;. :.:.:;.: ::.;. .. i .... ::flhflflare�8menrfl+ram 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 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 the—Wate* Pellutien Geetel Federatlen 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 n..:.;.:Standard Methods pit 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 mgt 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}�sg o 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 ai- 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 ...................... VWX.X.X�X M 0.. . . . . ..... X-111-1-1-1 ........ .. -t ............. .... ....... ....... ........ . .. .... ...... .... .... ....... . ... ..................... ........ .. . . . . .... W, M ............ .. ....... ................... . . .... 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 :a the authority iO,V X ............. 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 authority iO,V X ........ .. .....V . before construction of the facility. All sueh existing users shall eemplete sueh a plan by july !, ! . 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 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 authority, the co`WID-1. 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 ai. authority unless the appe -itherity-eleet-s te- perferm sueh sampling. 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/1. 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 (320) degrees and one hundred fifty (150) degrees Fahrenheit (00 and 650 Centigrade). (8) Obnoxious, toxic or poisonous solids, liquids, gases, alta in quantities sufficient to violate the 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. (11) Waste, wastewater or any other substance containing phenols, hydrogen sulfide or other taste -and -odor 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/l. 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/l (2) Barium: 5.0 mg/1 (3) Boron: 1.0 mg/l (4) Cadmium: 0.02 mg/1 (5) Chromium, Total: 2.0 mg/l (6) Chromium VI: .011 mg/L. (7) Copper: 1.0 mg/l (8 ) Lead: ._`>g. ........................... .......................... (9) Manganese: 1.0 mg/l (10) Mercury: 0.005 mg/l (11) Nickel: 2.0 mg/l (12) Selenium: 0.02 mg/1 (13) Silver: 0.1 mg/l (14) Zinc: 2.0 mg/l (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-- 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 apingop 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- RIl7 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 (650 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 apprevinej authority. (b) The Ej can. 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 eine to ce and sodium sulfate. .............................. .............................. .............................. (3) Excessive discoloration including, but not limited to dye wastes and vegetable tanning solutions. Grt`<ft'e' c3ye)5d0 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 f'cti 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 (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 appreving t 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 eenventienal 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 'oz`ol 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 c n. 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 aim contro 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. (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; KV (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 p 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 Cis roupA wastewater shall submit monthly, or at such other frequency as may be required by the 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 Eff;o authority and shall, as a minimum, include: (1) Liquid in gallons. 37 (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 f 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. Wt (h) All owners of facilities governed by this section shall also comply with any applicable Monitoring Requirements and Regulations established by the g r '�I 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, '`."'a e' dec 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 o'2#tr;o 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 i g c * t authority to discharge .:............:........... .......................... industrial waste into the public sanitary sewer system unless an appropriate Industrial Discharge Permit has been issued by the .......................... control 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 -mg o tr authority. The .......................... i 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 I 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 ' .: :.. 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P:<::::::::: �x r�cu�remx,<;_.apes �n the �ituat.an w®rr>><aao 45 46 .::::::.:::::::::::::::::::::::..::::::::::::::.::: f the' combined wast�streACT! of t in::..h 0...�,R... 4 Q3 ... ............. easurement of Pcx lutan. ea. ori ell .:....:.' ';e�an�ax'c�s »<>`'`a {fihe xults o sampl r� ani :ss '.:".::::1::::i:::i:::i:.:.ii:,i....:i:;:.i:.::ii:.:.iii:.i:::ji,i:; ......fly? > ::'::: `1:5:<:::`>fl l:: camIang.:... must ... _be perorme`<;: .:........:.. ac ordanoe wf. proceduro� �e..� oath 48 hsd::s>:>::rr.: . o .,:tom .::.::::::.:::;:.;.:.;:.;::.;:.;:.;:.;;:;:;; ---,s: nll ©n A n> rpgres :..increments ........::......:..:.....................::........... P...:.... t�thzn ninety (9t3 days follo�zing the date for final cmplzancs appil, cable categorical pretreatment standards, or in:,. the ease 49 50 Gf anndustria� user sub��ct to tle reportnc re3re Xne€;;fin .. :: .'.iii?i:,: .......::�::.::`......:.:iii:9i:.. :.........iiiiy.: .. ::.. ::. :.: .: .... ::....: "......:.i:'t:: .. :ilii}y;:: ::: ...;:':::::::::: .::: .::: ;:: :;:: ;•};:. .. this se � on ...... r .:<« n Z p s3 titan :::><: actor a <<> approved procedures morereuentl than requ:sr the .:. :..:. :}iiiiii: '�'..i}ii;:.. .:.:.....; .:: :; ':". ::::i:::.:::.?::........:�.:..:.::.i::•:.:::•.yvx.�:.:4.;.�:.}:"vvi;;:::.: :••i': t•: 4. '!ryii'r. :: :::.; contrceuthority. tYte resus of this monitoncIa>ba f;ve '";ears ii:i '.:; :. _:: :::: :::.:::::ii iii::i':: Y,Yi:........ ':'::•i' i .; f?:' :: is?:iii:: i::iX.j'ii :'.:::i}i:^:•iiii. ''.... :'::.::. .. ........... ...... .. ib .... statement the wastewater d� schrgrtt» ::•i{{{:;i"ii'iiiiii:;i:i:::•:•,....:;':.::.ii:Y•i.•. ��::i'i:;{{:;{:i•is.i'I::.i1.:.i:.:::'::::: :••::: :::.:• :::•:::::: .:..•:::::::........................... non transeable w� thout prior nof.on tote orntrol authors tri and prov3 S. 51 .:::::::..: .. n w::<:> own r..:.»::>::or:::>::>:::a .gator..:. with:::<>:aX. »:;:::: ........ existnc wastewrater d�soharge permit (G f en << rmit�:'': bas d >on a lea a .::refit: ati�e t (d...... pelf monrtcsr�n� samF.ple>:r$porting:r...no;r.ri`« .......:::: statement of applYcabls evil anc ormnal penalties for violation of pretreatment standards and ementsl requ rand am applYcabieQmp� scheduleSuoh schedule may. not extandth::tama for compl�anee beyond that required .b ap I e decal, State, -"6r local Iaw 0: wastewater d�,soharge permits may contain but need not be lmrted toy the fo� llo�ng conditaons (a� :: �im�ts <�n the average . _and;%er maximum r�t;��<Qf scharge� tme:of discharge, andjor requirements far flog reculatron and equalzatan fib} Requirements for the installation of prettrtent 52 .................................... ..•.....i:.::.::.:::::.i:.ii:.i:.:.:i.:':.i:.:ii;•: is:...i:.iiiL«C•:'r:.-::::::::::••::::::::::::.::.::::::::::::::.�:::.. �::::::::::::..:........................................... ........ :<:>:<:;;:< e.:...::�.::r... OV ."'% ........�.......................................P::::::::.;;;:.::.;:.;:.:;:.;;'.:::: •i:;: ';:yiiiiiiiii:;i:+«:<:: :ii}iiiii::.ii : ':. - - ::.i :. :. .. :::i::i::i::ii::j::::}:: (d .;..#eve ltd . mxtt,:.::::;:.:::::::>:an;::::>:::>::::>:::.an :•ii: ii:.ii::.•.:isi:.i:.i:.:.ii:t.iR:.::•iiii:.: .::::::::::. "vii;:..:': :•. �.:� .:.�::::.:::::::.:::::::::::::::::..:::.:............................ �:: .: .: .: ..: .... ':: ':. .'..[.: _0 .............. ...i::: iii......::L'..: ::metat on::::::<;:::>t�f::»::::>::>:::>::<:>a :3:4i'iiii i:; ::}•::: h;::.: :{::•. . t nanmzator::>>:> ................. .:18ns...::>tcz> .:::::::::;;::;:::::.;;:.;;;::::.;'::::::::::::::::::::::::::::::::::::::::::::::.;;:.;:.;:.;:.;:;::...::.:::::. reduce ..tYr:>«''ritu ... ;....... �:::::::::Q ....... pXX ollutants::€rischarged to the pOTt (e} The ung............ a >.•>:<or.<. schedule o ndus r a r cha' r. desnc fees ...:dor ... the managementxf .:he i:;:;ii:j:•:...:::::.i:.isi.T:<•i:.i:.i..:::::i':.:}i:.:::i:i::::...i::i:.i::: ::; :..::':: wastewater discharged tt theff?T62'E ijtequ1rements fornstalaton and maintenance o i::.i::::.i:.1.i:.:.:.:::!•i:.:.i:.i:::::.::'�.::.i:.i::!.:::::::.::.:::.'.::isi•i:.i:.i:.i::.::."':.i:.:.i:.:::: :;:.:.: .:.:�:..:: :.:::::::: ::.:::.�::.:::.: _:.: �:::.... ........................ inspeeton anc sampin iaclites ant equipmertr 4X.. "::i::: r.:_:.??:' :::::.}iii'::.:::•i:,:.};:;f ::C;: •i:;i:.i:!:ii;:.:;i::: >:::i::i:i:+:::<:i": wastewater dxschar+e permt anc �h) etherondlt�ons a deemed appropr ate <;r. the :;i:.:;ii:.i'.i:>.i:,i:.i:;: ;.'.:.:. i:;;;:::.:::':.::.i:.::.::.:::';:«:.::.i:.:;.i:;;::.i:.:.i:.:.:.;>.::::::::::.:::::::::::.:::..::..::.:.:::........................................ control authc r t to nsure complaan . .... ::. ard�nance'<>>and Mate and Federal laws<rtls:F> end re .:lags i..:.i Sec. 18-165. Waiver or modification of requirements of article. The appreving s tro;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 eort ;` 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 a . . ;f 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 aim ........................... rr 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 agingh authority. The user charge for users ....................... ........................... shall be computed as follows: Class I Users: Cu = Vu x V Class II Users: Cs = Vu x V + V s V c + B s B c + S s S c + P s P c + N s N c And: Cu Charge for Class I users Cs = Charge for Class II users Vu = Unit cost of treatment chargeable to normal wastewater ($/1,000 56 gal.) V = Volume of wastewater from normal wastewater (1,000 gals.) Vs = Volume of Class II wastewater (1,000 gals.) in excess of Class I wastewater Vc = Cost of treating 1,000 gals. of Class II wastewater ($/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 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 a}s� ON 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 appreva-3 d".'Oh"tibi 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 trttl authority shall have the authority to publish annually in the Roanoke Times and World News Newspaper or a newspaper of ME r 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 a.#§#Wauthority 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 '!#een inuing prehibitedincluding, 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 EJC 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 �s''`'''7 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: w cr� Mary H. A len, CMC, Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney Clifford Craig, Utility Director 62 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; 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. 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: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Cliff Craig, Director, Utilities Paul Mahoney, County Attorney 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 PARK 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: 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. 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: SM'94ARY 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 Approved Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Kohinke CC: File Grievance Panel File Industrial Development File Virginia Western Community College Board 1� VOTE No Yes Abs Eddy x Johnson X Kohinke x Minnix x Nickens x 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 92893-13 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: I. 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 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 92893-14 OF CONGRATULATIONS TO NORTH ROANOKE 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 ROANOKE 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. 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 Resolutions of Congratulations File 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 Resclution. 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. -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. (SEAL) Clerk, Board of Supervisors of the County of Roanoke, Virginia -5- Exhibit A (FORM OF TEMPORARY BOND) 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. (SEAL) ATTEST: Clerk, Board of Supervisors of the County of Roanoke, Virginia 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 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 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 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 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 `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 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 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 ROANOKE 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 Urban Devel epmant, Federal a{ rc��►--ra m rgex c tanag n ent Agency, dated OetAber--��; �8--caic 6beWX 5i 1993. 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 o ;;>;;:.: Map accompanying that study. 2. The Flood-Frincre 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 Fleed lcxod TnsuranOe tat :.i ap .................::::::::::::::,::. accompanying the study. F, 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 :«:<>1''Sa!• 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. Sec. 30-74-5 Creation of Overlay (B) The boundaries of the floodplain areas are established as shown on the ........ 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