9/24/1996 - Regular
September 24~ 1996
641
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
September 24, 1996
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
fourth Tuesday, and the second regularly scheduled meeting of the
month of September, 1996.
IN RE:
CALL TO ORDER
Chairman Johnson called the meeting to order at 3: 00 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman Bob L. Johnson, Vice Chairman Harry C.
Nickens, Supervisors Lee B. Eddy, Fenton F.
"Spike" Harrison, H. Odell "Fuzzy" Minnix
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Brenda J. Holton, Deputy
Clerk; John M. Chambliss, Assistant County
Administrator; Don C. Myers, Assistant County
Administrator; Anne Marie Green, Director,
community Relations
IN RE:
OPENING CEREMONIES
The invocation was given by John M. Chambliss, Jr.,
Assistant Administrator. The Pledge of Allegiance was recited by
ML
September 24, 1996
all present.
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Supervisor Nickens added an Executive Session Item
pursuant to section 2.1-344 A (7) potential litigation/settlement
concerning Dixie Caverns Landfill.
IN RE:
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
h Recogni tion of Finance Department staff for
Excellence in Financial Reporting from Government
Finance Officers Association for the 1995 Roanoke
County Comprehensive Annual Financial Report.
Chairman Johnson presented the award from the
Government Finance Officers Association to Diane Hyatt, Director
of Finance. Ms. Hyatt recognized and thanked the employees of
the Finance Department who were present.
IN RE:
NEW BUSINESS
h Request for resolution of support to amend the
Youth Haven II license to allow a 28-day
residential case evaluation and treatment
component. CBev Waldo, Youth Haven II Director)
R-092496-1
Ms. Waldo advised that the mission of Youth Haven II is
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September 24, 1996
~
to provide long term residential treatment for adolescent
females. A needs assessment was conducted to determine the other
services that might be provided by Youth Haven II, and the need
was identified for the residential placement of adolescent
females for a period of up to twenty-eight days and case
evaluation.
since Youth Haven II is licensed by the Department
of Juvenile Justice, a resolution of support from the County must
be
submitted.
No
additional
funding for this program
modification is necessary.
Supervisor Minnix moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 092496-1 OF SUPPORT TO AMEND THE LICENSE OF
YOUTH HAVEN II BY THE DEPARTMENT OF JUVENILE JUSTICE TO
ALLOW A 28-DAY RESIDENTIAL CASE EVALUATION AND
TREATMENT COMPONENT
WHEREAS, the County of Roanoke operates Youth Haven II,
a group home for adolescent girls offering long term residential
treatment program for residents of southwest Virginia, and
WHEREAS, the Department of Juvenile Justice for the
Commonwealth of Virginia provides the licensure for the program
offered by Youth Haven II, and
WHEREAS, a need has been identified by the Court
Service unit for a 28-day residential placement program for
adolescent girls which includes case evaluation to determine the
service needs of the youth, and
WHEREAS, the diagnostic workups in addi tion to
stabilization prior to the Court's disposition of the case should
result in more appropriate treatment for the child as well as
being more cost effective.
NOW, THEREFORE, BE IT RESOLVED that the Board of
-644-
September 24, 1996
-
Supervisors of Roanoke County supports the request to modify the
license of Youth Haven II as regulated by the Department of
Juvenile Justice for the Commonwealth of Virginia to include the
28-day case evaluation and treatment component to better serve
the needs of the youth of Roanoke County.
On motion of Supervisor Minnix to adopt the resolution,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, ~Johnson
NAYS: None
IN RE:
REQUESTS FOR WORK SESSIONS
h Request for Work Session on October 8, 1996 to
review updated master plan for virginia's Explore
Park. (Joyce Waugh, Economic Development
specialist)
It was the consensus of the Board to set the work
session for October 8, 1996. Supervisor Harrison advised that he
would be unable to attend. Supervisor Nickens advised that the
name of the road is Roanoke River Parkway and requested that it
be used in the future instead of Parkway Spur.
At the end of the afternoon session, it was the
consensus of the Board to set a tour of the Roanoke River Parkway
for October 8, 1996, at 5:00 p.m.
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Minnix moved to approve the first readings
of the ordinances and set the second readings and public hearing
for October 22, 1996.
September 24. 1996
645
AYES:
supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
h Ordinance to rezone 5.131 acres from C-1 to C-2 to
construct an efficiency inn, located at 3990 and
4004 Challenger Avenue, Hollins Magisterial
District, upon the petition of Robert Metz.
~ ordinance to rezone 2.15 acres from C-2C to C-2C
to amend conditions located at the corner of
Plantation Road and Friendship Lane, Hollins
Magisterial District, upon the petition of Jay
Patel.
~ Ordinance to rezone 16.58 acres from AG-1 and AG-3
to PRD, planned residential development, to
construct residential homes, located at 2047
wildwood Road, Catawba Magisterial District, upon
the petition of Gary Huffman (Bear Creek).
Supervisor Harrison asked that Mr. Hodge set up a
meeting with staff and citizens to tour the site. Supervisor
Nickens requested that the Board I s concerns about the road be
forwarded to the Planning Commission.
h Ordinance to rezone approximately 0.92 acre from
C-1 to C-2 and obtain a special Use Permit in
order to construct a gasoline retail facility with
retail sales, located on the west side of Route
221, approximately 250 feet south of Pleasant
Hill, windsor Hills Magisterial District, upon the
petition of Wayne and Jennifer Ayers and William &
Lorraine Lange.
IN RE:
APPOINTMENTS
h Grievance Panel
Supervisor Eddy nominated Raymond C. Denny, alternate,
to serve another two year term. His term will expire October 20,
1998.
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September 24, 1996
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IN RE:
CONSENT AGENDA
R-092496-2: R-092496-2.fr R-092496-2.g
Supervisor Eddy advised that he had made several
revisions to the resolution of support for the STEP 21 federal
legislation in Item 6.
The other Board members concurred with
the revisions.
Supervisor Eddy asked that when Supervisor Nickens and
Mr. Hodge attend the meeting of the Metropolitan Transportation
District Study Committee, they suggest that if a seventh member
is needed, the Chairman of the Metropolitan Planning organization
be appointed.
Supervisor
Johnson moved
to
adopt
the
Consent
Resolution without Item 6.
The motion carried by the following
recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
Supervisor Eddy moved to adopt the revised resolution.
in Item 6. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
RESOLUTION 092496-2 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, virginia, as follows:
1. That the certain section of the agenda of the Board
of Supervisors for September 24, 1996 designated as Item L -
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 7, inclusive, as follows:
September 24, 1996
647
1. Approval of minutes - August 13, 1996, August 24,
25, 1996, August 27, 1996.
2. Confirmation of appointments to the Metropolitan
Transportation District study Committee and the
Fifth Planning District Commission Legislative
Committee.
3. Request to retain a Police Department vehicle to
be restored by vocation education students and
used for special projects.
4.
Appropriation of $6,020
Allstate Foundation to
Department.
grant funds from the
the Fire and Rescue
5. Request from School Board for appropriation of
$1,000 grant from the Education Foundation for
William Byrd High School Saturday School.
6.
Resolution of support for STEP
legislation (ISTEA Reauthorization) .
21
federal
7. Resolution of support for Governor George Allen's
Fall River Renaissance campaign.
2. That the Clerk to the Board is hereby authorized
and directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Johnson to adopt the Consent
Resolution without Item 6, and carried by the following recorded
vote:
AYES:
NAYS:
Supervisors
None
On motion
resolution for Item
vote:
AYES:
NAYS:
Eddy, Minnix, Harrison, Nickens, Johnson
of
6,
Supervisor
and carried
Eddy to adopt a revised
by the following recorded
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
RESOLUTION 092496-2. f OF SUPPORT FOR THE
INTEGRITY RESTORATION ACT (HR3775).
ISTEA
WHEREAS, the Intermodal Surface Transportation
Efficiency Act (ISTEA) was adopted by the Congress in 1991; and
WHEREAS, said act authorizes funding for highway
648- - --
September 24, 1996
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construction, highway safety programs, and mass transit and other
transportation related projects, and is due to expire September
30, 1997; and
WHEREAS, there are several thoughts on how this act
should be reauthorized; and
WHEREAS, The Commonwealth of Virginia is a member of
the coalition of 19 states called STEP 21 that is proposing the
ISTEA Integrity Restoration Act; and
WHEREAS, the Virginia Department of Transportation
supports HR3775; and
WHEREAS, the Commonwealth of Virginia and the County of
Roanoke will receive more funding from the Highway Trust Fund
under this proposal; and
WHEREAS, the provisions of the "ISTEA Integrity
Restoration Act" HR3775 generally seem to be most favorable to
the interests of Roanoke County citizens; and
WHEREAS, the Enhancement Program of ISTEA has great
potential benefit for all the Roanoke area and western Virginia
in promoting alternative forms of transportation, preservation
and enhancement of scenic and historic sites, beneficial use of
abandoned railway corridors, control of outdoor advertising,
archaeological planning and research, and mitigation of highway
related pollution.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County supports the ISTEA Integrity
Restoration Act HR3775 and recommends that components be included
at the federal or state level that will continue the work of the
ISTEA Enhancement Program; and
BE IT FURTHER RESOLVED that the Clerk to the Board of
Supervisors shall forward copies of this resolution to the
Virginia Department of Transportation, the Commonwealth
Transportation Board and to the federal legislators representing
Roanoke County.
On motion of Supervisor Eddy to adopt the revised
resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
RESOLUTION 092496-2.g SUPPORTING SEPTEMBER 21, 1996
THROUGH OCTOBER 19, 1996 AS FALL RIVER RENAISSANCE IN
September 24, 1996
M9
ROANOKE COUNTY
WHEREAS, Virginia is blessed with abundant rivers and
other waters throughout the Commonwealth; and
WHEREAS, Virginia's rivers and waters provide
sustenance to her citizens, their communities, and their-
businesses, which are important for their quality of life and
prosperity; and
WHEREAS, such rivers and waters are vital natural
resources, providing important benefits to fish and wildlife and
their habitats; and
WHEREAS, the Commonwealth's rivers and waters provide
opportunities for public boating, hunting and fishing and other
forms of outdoor recreation enjoyed by virginians and our
visitors; and
WHEREAS, the Commonwealth and her citizens should
endeavor to conserve and enhance virginia's rivers and waters so
as to ensure their benefits, both now and for future generations;
and
WHEREAS, individual citizens, businesses and
organizations, through their voluntary efforts, can accomplish
the most to conserve our natural resources and provide long-term
environmental benefits; and
WHEREAS, the Fall River Renaissance campaign will
encourage caring citizens to conserve and improve the rivers and
waters in Virginia and will recognize and honor their exceptional
efforts.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Roanoke County, Virginia, does hereby recognize
September 21, 1996 through October 19, 1996, as the FALL RIVER
RENAISSANCE in Roanoke County, Virginia; and
FURTHER, the Board urges all citizens, businesses and
organizations, public and private, to observe and participate in
this campaign to conserve and enhance the rivers and waters of
Virginia in order that we may enjoy a more beautiful, healthy and
prosperous Commonwealth.
On motion of supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
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September 24, 1996
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IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
supervisor Minnix: He expressed appreciation to the
volunteers who helped their neighbors during the recent flooding.
supervisor Harrison: (1) He has received complaints
from citizens about the pickup of trash and the effect of wind on
trash, and asked that the citizens understand the procedures and
be specific when calling for pickups. (2) He asked for the status
of the Moose Lodge bingo operations (3) He expressed appreciation
for the United Way Breakfast held at the Public Service Center
which he attended.
supervisor Nickens: (1) He asked whether the School
Board took action on the value engineering policy. He suggested
that a work session be held to deal with the "design build"
policy and value engineering as it relates to School Board.
supervisor Eddy: (1) He gave the details from a report
by Craig Hatmaker, MIS Director, on the electronic village. (2)
He asked for the status of the flow control legislation. Mr.
Mahoney responded that passage of the legislation is doubtful.
(3) He asked if a representative had been appointed to Fifth
Planning District Commission Rural Bikeway Committee. Mr. Hodge
advised that Ruth Lipnik from the Library had been appointed. (4)
He asked whether items for future agendas or work sessions had
been submitted from Board members as requested following the
Board Retreat. Chairman Johnson advised that two supervisors
have responded; a retreat with School Board has been set for
September 24, 1996
w
October 27; and that other issues, such as Parks & Recreation
Master Plan, are planned for future agendas. (5) He asked for the
status of the Federal Telecommunication Act. Mr. Mahoney will
add this to the legislative programs for the County and Virginia
Association of Counties. (6) He asked for the status of the
special use permit for the Salem Church of God which was tabled.
Chairman Johnson advised that this request will be sent to the
Planning Commission after the work session on 501c tax-exempt
corporations which is set for October 8, 1996. (7) He advised
that a public hearing will be held on September 26, 1996 in
Richmond concerning the future of personal property tax and
suggested that someone from staff attend. Mr. Hodge advised that
he will send a staff member.
Supervisor Johnson: He advised that the evening session
has a full agenda and asked for patience, study and deliberation
while dealing with issues of private property.
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
h Ms. Leisha S. Cook, 5434 Oakland Boulevard,
advised that the stop signs at the intersection of Verndale Drive
and Capito Street are being obscured by trees and cars parked
close to the site. Mr. Hodge will contact the Virginia
Department of Transportation and Chief Cease and forward her
concerns.
~ Mark shay, 5627 Oakland Boulevard, asked that the
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September 24, 1996
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zoning ordinance be revised to reduce the number of children in
home day care from the maximum of 13 to 5.
He described the
problems that he and his wife encounter with the day care for 12
children located next to his residence. Terry Harrington advised
that the Planning commission is aware of this situation and has
already started a review of the issue.
Chairman Johnson asked
that the staff keep Mr. Shay informed.
IN RE:
REPORTS
supervisor Johnson moved to receive and file the
following reports. The motion carried by a unanimous voice vote.
h General Fund Unappropriated Balance
~ capital Fund unappropriated Balance
~ Board contingency Fund
h Proclamations signed by the Chairman
IN RE:
WORK SESSION
h Open Burning Ordinance
After discussion, it was the consensus of the Board
that the work session was not necessary and would not be held.
The Board directed that a communications program be designed to
keep the citizens fully informed on this issue.
IN RE:
JOINT MEETING WITH SALEM CITY COUNCIL
It was the consensus of the Board to set a joint
September 24, 1996
~
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meeting with the Salem City Council for October 22, 1996, at 12
Noon at the Roanoke County Water Treatment Plant.
IN RE: EXECUTIVE SESSION
At 4: 06 p.m., Supervisor Johnson moved to go into
Executive Session following the work session pursuant to the Code
of Virginia section 2.1-344 A (7) to discuss the condemnation of
real estate for public utility purposes - water transmission
line; (7) potential litigation concerning well lot in Hunting
Hills sUbdivision; and (7) potential litigation/settlement
concerning Dixie Caverns Landfill. The motion carried by the
following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IN RE: WORK SESSION
h Revisions to the Public Private partnership policy
The work session began at 4: 30 p. m. Director of
Economic Development Tim Gubala advised that at the August 27,
1996 meeting, the Board had requested a review of the Public
Private Partnership Policy to propose amendments for the
evaluation of projects and the administration of the policy.
Supervisor Eddy was asked to develop a point system for
evaluation criteria, and he requested that staff provide
information about what the other localities are doing. It was
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September 24, 1996
_ ..___ .~.__,,____ WM_
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the consensus of the Board that the policy be brought back for
adoption within the next two Board meetings.
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-092496-3
The Executive Session began at 5:05 p.m. At 7:00
p.m., Supervisor Minnix moved to return to open session and adopt
the certification Resolution.
The motion carried by the
following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
supervisor Nickens arrived at 7:15 p.m. and certified
his vote on the certification Resolution.
RESOLUTION 092496-3 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
WHEREAS, section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that,
to the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies,
and
2. Only such public business matters as were
identified in the motion convening the executive meeting were
September 24, 1996
655
heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of
certification Resolution,
vote:
AYES:
NAYS:
Supervisor Minnix to adopt the
and carried by the following recorded
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IN RE:
PUBLIC HEARINGS
h Public Hearing and adoption of a resolution
authorizing Articles of Amendment to the Roanoke
Valley
Resource
Authority
Articles
of
Incorporation and an amendment to the Roanoke
Valley Resource Authority Members Use Agreement to
authorize the Authority to engage in or provide
for commercial and/or residential garbage and
refuse collection activities or services. (Elmer
C. Hodge, County Administrator)
R-092496-4
Mr. Hodge described the history and creation of the
Roanoke Valley Resource Authority (RVRA), a joint landfill and
transfer station operated by Roanoke County, Roanoke City, and
the Town of Vinton.
Public hearings on this proposed amendment
have already been held by the city of Roanoke and Town of vinton. '
This charter change would allow the RVRA to regionally collect
solid waste and to enter the commercial market if it becomes
necessary.
This may become necessary if there is a loss of
revenue and Roanoke County's share of the lost revenue would be
£ ~ £ September 24, 1996
'":*--~---=--===-:__---'--:===---:--====~=-"'::':=--:==__I==:=--~-~-
40%.
Mr. John Hubbard, Chief Executive Officer, RVRA,
advised that the amendment does not authorize RVRA to start
collection immediately, and that public hearings must be held and
authorizations obtained from all three localities prior to the
actual collection.
In response to an inquiry, Mr. Hubbard
advised that if the private haulers brought all the waste
collected to RVRA, it would not be their intention to seek the
authority to collect commercial waste.
The County, and not the
private company, is responsible under state and federal laws for
the proper disposal of waste generated within the County. The
County is also responsible for paying its share of any RVRA
deficit, and there is a debt service of $3 million for this major
asset which must be paid. The disposal fees which are based upon
the agreement with the bond holders are 12% lower than projected
three years ago, and have remained unchanged since the RVRA
started. The RVRA has reduced its budget over the past two years
by $700,000 to help keep the rates low.
This amendment gives
another choice for collection of waste and would address any
revenue shortfall.
Ms. Hyatt, Finance Director, and Treasurer for RVRA,
advised that assurances were made to the rating agencies and
bondholders based upon all municipal and residential refuse being
sent to the landfill and that the tipping fees were set at a rate
sufficient to cover expenses and debt service, and for future
September 24, 1996
657
reserves. Currently the RVRA is dealing with the loss of
approximately 30,000 tons of commercial waste per year being
diverted to an outside landfill at a loss of $1.6 million
revenue, with the County's share being $640,000. The charter
amendment will give the RVRA the option to consider collecting
commercial waste as an alternate to charging more for the
existing service. In response to an inquiry, Ms. Hyatt advised
that the County could only control the municipal and residential
waste and not commercial because flow control regulations were
not approved. She further advised that the County and Schools
are currently contracting and paying $120,000 for the pickup of
commercial waste.
Chris Rooney, Division President, General Manager,
Waste Management of Virginia Blue Ridge, Salem, VA, expressed
support for the RVRA and advised that they use it on a full time
basis and plan to do so as long as it is competitively feasible.
They will continue to monitor and offer insights to RVRA on
becoming more competitive and a better disposal option for
private haulers in the area.
Karen Freeland, speaking on behalf of BFI, and as a
resident of Roanoke County, advised that BFI strongly opposes
this change, and explained that BFI does not want to send waste
out of the County but has been forced by competition to find
economical and environmentally sound options other than the RVRA.
Competitors in other parts of Virginia are seeking BFI's
~ September 24, 1996
- - - ~- -
.,.----
customers because they can offer significantly lower tipping
fees.
She asked that the amendment not be approved until a
business plan has been developed and all other alternatives
analyzed, such as a reduction in RVRA's tipping fees which would
increase the volume of business.
Rob Glenn,
Chairman, Roanoke Regional Chamber of
Commerce, advised that Rick Whitney, Chairman Elect, John Stroud,
President, and Christy Meredith, Vice President for Local Issues,
were present to show their commitment to increased participation
and partnership with the County.
He expressed support for
regional cooperation among the local governments and regional
efforts to find solutions to waste management. However, before a
decision is made to allow RVRA to collect commercial waste, there
are many questions and issues that should be addressed. He
expressed concern about the appropriateness of local governments
getting into the commercial business when private companies are
already collecting commercial garbage and suggested that the
private haulers may not take their waste to other landfills if
the RVRA becomes more competitive with its tipping fees.
During the discussion, Supervisor Minnix advised that
if the Board does approve this change for RVRA, the private
companies could still bid on the collection of commercial waste.
Supervisor Johnson moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
September 24, 1996
~
NAYS:
None
RESOLUTION 092496-4 AUTHORIZING ARTICLES OF
AMENDMENT TO THE ROANOKE VALLEY RESOURCE AUTHORITY
ARTICLES OF INCORPORATION AND AN AMENDMENT TO THE
ROANOKE VALLEY RESOURCE AUTHORITY MEMBERS USE
AGREEMENT TO AUTHORIZE THE AUTHORITY TO ENGAGE IN
OR PROVIDE FOR COMMERCIAL AND/OR RESIDENTIAL
GARBAGE AND REFUSE COLLECTION ACTIVITIES OR
SERVICES
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, ("County") ; the Council of the Town of Vinton,
Virginia, ("Town"); and the Council of the city of Roanoke,
Virginia, ("City") have determined that it is in their best
interests to amend the Articles of Incorporation of the Roanoke
Valley Resource Authority ("Authority") and the Roanoke Valley
Resource Authority Members Use Agreement to authorize the
Authority to engage in or provide for commercial and/or
residential garbage and refuse collection activities or services,
pursuant to the provisions of the Virginia Water and Sewer
Authorities Act, Chapter 28, Title 15.1, Code of-Virginia (1950),
as amended, ("Act"); and,
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia; the Council of the Town of Vinton, Virginia; and the
Council of the City of Roanoke, Virginia, do by concurrent
resolutions provide for amendment of the Authority's Articles of
Incorporation to authorize the Authority to engage in or provide
for commercial and/or residential garbage and refuse collection
activities or services pursuant to the Act; and
WHEREAS, a public hearing has been held in accordance
with the requirements of the Act, including, without limitation,
Sections 15.1-1243, 15.1-1244, and 15.1-1250(0); and
WHEREAS, the Roanoke Valley Resource Authority has, by
resolution, expressed its consent to the aforesaid amendments.
NOW, THEREFORE, be it resolved as follows:
1. That proper officials are authorized to execute
and attest, in form approved by legal counsel, an amendment to
the Roanoke Valley Resource Authority Members Use Agreement
authorizing the Authority to engage in or provide for commercial
and/or residential garbage and refuse collection activities or
services.
66(b September 24, 1996
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2. The authorization of the Authority to engage in or
provide for commercial and/or residential collection activities
or services pursuant to the Act is hereby approved, and the
Articles of Amendment of the Roanoke Valley Resource Authority
sets forth and specifies this additional authority.
......
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3. The Articles of Amendment of thê - .Roanoke Valley
Resource Authority are as follows:
ARTICLES OF AMENDMENT
OF THE
ROANOKE VALLEY RESOURCE AUTHORITY
The Board of Supervisors of Roanoke County, Virginia;
the Town Council of the Town of vinton of Vinton; and the Council
of the City of Roanoke have by concurrent resolution adopted the
following amendments to the Articles of Incorporation of the
Roanoke County Resource Authority of Virginia, pursuant to the
Virginia Water and Sewer Authorities Act (Chapter 28, Title 15.1,
1950 Code of Virginia, as amended) ("Act").
I. The Articles of Incorporation shall be amended by
striking out ARTICLE I and substituting the following:
The name of the Authority shall be the Roanoke Valley
Resource Authority and the address of its principal office is
3738 BI:ambletOl! Avel!ue, 1020 Hollins Road, Roanoke, Virginia
24018 0798 24012.
II. ARTICLE II of the Articles of Incorporation shall
continue to read as follows:
The names of the incorporating political subdivisions
are the County of Roanoke, Virginia; the City of Roanoke,
Virginia; and the Town of Vinton, Virginia. The County of
Roanoke, the City of Roanoke, and the Town of Vinton, as the
incorporating political sUbdivisions, hereby acknowledge,
covenant, and agree that these Articles of Incorporation shall
not be further amended or changed without the express agreement
of each of the governing bodies of each of the incorporating
political subdivisions.
Neither of the following action shall be taken or
permitted to occur by the Authority without the consent of the
ci ty of Roanoke and the County of Roanoke as expressed by the
affirmative vote of all City and County representatives on the
Authority.
(1) Any change in the terms or conditions of design or
operation of the Transfer station located in the City of Roanoke
as set forth in the Solid Waste Transfer Facility Design
Criteria, dated March 19, 1991, and the Solid Waste Transfer
Facility Operating Criteria, dated May 21, 1991, as approved by
the city of Roanoke Planning Commission on June 5, 1991, and the
September 24, 1996
ä1
Part A and Part B applications for the Transfer station as
approved by the Commonweal th of Virginia, or any expansion or
modification thereof or use by any persons or entities other than
City, County, or Town of Vinton;
(2) Any change in the terms and condi tions of the
design or operation of the Landfill located in Roanoke County as
set forth in the special use permit and the Landfill Permit
Conditions and Operating Policies, Action 62789-10 ~nd Resolution
62789-12, each dated June 27, 1989, and Part A and B applications
for the Landfill as approved by the Commonwealth of Virginia.
since the Landfill and Transfer station are scarce and
valuable resources, and because the incorporating political
subdivisions have a common interest in insuring that the Landfill
is utilized in the best possible and most efficient manner, the
incorporating political subdivisions agree that Authori ty
membership and operation and use and operation of the Transfer
Station and Landfill shall be governed by the terms and
conditions of the Roanoke Valley Resource Authority Members Use
Agreement ("Use Agreement") dated October 23, 1991.
III. The Articles of Incorporation shall be amended by
striking out ARTICLE III and substituting the following:
The names, addresses, and terms of office of the
members of the Board of the Roanoke Valley Resource Authority
("Authori ty") are as follows:
1.
Name and Address
Diane D. Hyatt
P. O. Box 29800
Roanoke, Virginia 24019
Term of Office
2 .
B. Clayton Goodman, III
P. O. Box 338
Vinton, Virginia 24179
3.
Kit B. Kiser
215 Church Avenue, SW
Roanoke, Virginia 24011
4.
Bittle W. Porterfield, III
5.
william J. Rand, III
P. O. Box 29800
Roanoke, Virginia 24019
Allan C. RObinson, Jr.
6.
662-.
September 24, 1996
.-- - ---
7.
Katherine Schefsky
The terms of office of each of the members shall become
effective on the date of issuance of a certificate of joinder for
the Authority by the state Corporation Commission in accordance
with the provisions of Section 15.1-1248 of the Act. The
governing body of each participating political subdivision shall
appoint the number of members, who may be members of the
governing body, set forth opposite its name below:
County of Roanoke - four
City of Roanoke - two
Town of vinton - one
It being the intention of these Articles that the
governing body of the County of Roanoke shall always appoint a
majority of the members, whenever an additional political
subdivision shall join the Authority, such governing body shall
be entitled to appoint one or more additional members in order to
maintain such majority.
Initially, the governing body of the County of Roanoke
shall appoint one member for a four-year term, one member for a
three-year term, and two members for a two-year term. Initially,
the governing body of the City of Roanoke shall appoint one
member for a four-year term and one member for a three-year term.
Initially, the governing body of the Town of vinton shall appoint
one member for a four-year term. After the initial terms, each
member shall be appointed for a four-year term or until his
successor is appointed and qualified. Any additional members
appointed by the County of Roanoke to maintain its majority
pursuant to the foregoing paragraph shall also be appointed for
four-year terms. The governing body of each political
subdi vision shall be empowered to remove at any time, without
cause, any member appointed by it and appoint a successor member
to fill the unexpired portion of the removed member's term.
Each member may be reimbursed by the Authority for the
amount of actual expenses incurred by him in the performance of
his duties.
IV. The Articles of Incorporation shall be amended by
striking out ARTICLE IV and sUbstituting the following:
The purpose for which the Authority is to be formed is
to exercise all the powers granted to the Authority to acquire,
finance, construct, operate, manage and maintain a garbage and
refuse collection and disposal system and related facilities
pursuant to the Act. For purposes of these Articles, and any
contracts or documents entered into on behalf of Authority,
"garbage and refuse collection and disposal system and related
September 24, 1996
6tí3
facilities" shall mean collection and disposal of garbage and
refuse at and through a transfer facility owned and operated by
the Authority and the associated landfill or disposal operations
~~~~ f~:~~i1:~!~~g:~~~~~~~l?i"~~~!!!
àë:tTvrtìe!;······6r....'s·er~.rices. The Authority shall contract with the
County of Roanoke, the city of Roanoke, and the Town of Vinton to
furnish garbage and refuse .collection and disposal services upon
identical terms and conditions including the same schedule or
service rates, fees and charges of all types which shall be
uniformly applicable to such political subdivisions. Subject to
the terms of the Use Agreement, the Authority may contract with
other political subdivisions to furnish garbage and trash
disposal services upon such terms and conditions as the Authority
shall determine. The Authority may contract to make host
locality payments to Roanoke County and Roanoke city to
compensate the County and City in consideration of location of
facilities within their communities. It is not practicable to
set forth herein information regarding preliminary estimates of
capital costs, proposals for specific projects to be undertaken,
or initial rates for the proposed projects.
V. ARTICLE V of the Articles of Incorporation shall
continue to read as follows:
The Authority shall serve the County of Roanoke, the
City of Roanoke, the Town of vinton and, to the extent permitted
by the Act and by the terms of these Articles ~nd the Use
Agreement, such other public or private entities as the Authority
may determine upon the terms and conditions established pursuant
to such contracts.
VI. ARTICLE VI of the Articles of Incorporation shall
continue to read as follows:
The Authority shall cause an annual audit of its books
and records to be made by the state Auditor of Public Accounts or
by an independent certified public accountant at the end of each
fiscal year and a certified copy thereof to be filed promptly
with the governing body of each of the incorporating political
subdivisions.
4. A copy of the Roanoke Valley Resource Authority
Members Use Agreement is available for inspection in the Office
of the Tow~ of vinton Manager, Vinton Municipal Building; Office
of the Clerk to the Board, Administration Center, and Office of
the City of Roanoke Clerk, Room 456, Municipal Building.
4. Pr i vately ow-bed salli tary lalldf ill ser v ice is !tot
ill a r easollable alld cost eff iciellt ILlallller, aIld (ii)
by tIle Roalloke Valley Resoul: ce Àutllor: i ty of a salli tary
alld allY r:elated facilities or: cOIltr:act for: sucll
available
opel:atioll
lalldf ill
~-------
September 24, 1996
-- .---.-.".-....-
operatioli, ili 5pite of al(Y potelitial aIiti cOInpetitive effect, i5
ÏIuportal1t ili order to pro v ide for tIie de v elopmelit aIid/01::
operatioli of a J::egiolial 5Y5te¡ìl of garbage aIid refu5e collectioh
aInl di5po5al fo~ tlle COUlity of Roalioke, tIle TOWIi of Vilitoli, ahd
tIle city of Roalloke aIid 5ucll otIler go verI!IlIeIital ulii ts OJ:: pr i vate
eliti ties as tIie Atltllor i ty ¡nay deterlnihe.
5. This resolution shall take effect immediately upon
its adoption.
A copy of the Roanoke Valley Resource Authority Members
Use Agreement, as it is proposed to be amended, is available for
public inspection in the Office of City of Roanoke Clerk, Room
456, Municipal Building, 215 Church Avenue, SW, Roanoke,
Virginia; the office of the Clerk of the Board, Roanoke County
Administration Center, 5204 Bernard Drive, Roanoke, Virginia; and
the office of the Town of vinton Manager, Town of vinton
Municipal Building, 311 South Pollard Street, Vinton, Virginia
24179.
Mary R. Parker, City of Roanoke Clerk
Mary Allen, Clerk of the Board
Carolyn Ross, Town of vinton Clerk
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
~
Public
Hearing
and
adoption
of
resolution
authorizing the issuance of $1,300,000 General
Obligation School Bonds through the Virginia
PUblic School Authority (VPSA).
(Diane Hyatt,
Finance Director)
R-092496-5
Ms. Hyatt advised that on August 27, 1996, the Board
approved a resolution authorizing an application to the VPSA to
participate in the 1996 fall bond sale in the amount of $1.3
million. As part of the bond procedure, the County is required
to hold a public hearing and adopt a resolution authorizing the
September 24~ 1996
"5
issuance of the bonds.
Supervisor Harrison asked about the
status of the construction at Northside High School. Ms. Hyatt
responded that she will send him an updated report. There was no
discussion and no citizens to speak on this issue.
Supervisor Harrison moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 092496-5 AUTHORIZING THE ISSUANCE OF
$1,300,000 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
WHEREAS, the Board of Supervisors (the "Boardll) of the
County of Roanoke, Virginia (the "County") has determined that it
is necessary and expedient to borrow not to exceed $1,300,000 and
to issue its general obligation school bonds to finance certain
capital projects for school purposes.
WHEREAS, the County has held a public hearing, after
due publication of notice, in accordance with section 15.1-227.8,
Code of Virginia of 1950, as amended (the "Virginia Code") on
September 24, 1996 on the issuance of school bonds in the amount
of $1,300,000.
WHEREAS 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 $1,300,000
(the "Bonds") for the purpose of financing certain capital
£. £. £. September 24, 1996
UH1:I:::::.-7-=--========:=:---=--=='--="::-=,:::::====:,:==-~.==~==~---~-----~----------~--= _
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 (the "VPSA") to purchase from the County,
and to sell to the VPSA, the Bonds at 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, which form is hereby approved ("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 1996"; shall bear interest from the date of
delivery thereof payable semi-annually on each January 15 and
July 15 (each an "Interest Payment Date"), beginning July 15,
1997, (or such other date as the County Administrator may
approve) at the rates established in accordance with paragraph 4
of this Resolution; and shall mature on July 15 (or such other
date as the County Administrator may approve) 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 interest rate to be paid by the VPSA for
the corresponding principal payment date of the bonds to be
issued by the VPSA (the "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, including any changes in
the Interest Payment Dates, the Principal Payment Dates and the
Principal Installments which may be requested by VPSA provided
-
September 24, 1996
667
that such aggregate principal amount shall not exceed the maximum
amount set forth in paragraph one and the final maturity of the
Bonds shall not be later than 21 years from their date. The
execution and delivery of the Bonds as described in paragraph 8
hereof shall conclusively evidence such Interest Payment Dates,
Principal Payment Dates, interest rates, principal amount and
Principal Installments as having been so acceptedå"s 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 (20) 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 Bond 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 next
preceding such Interest Payment Date, Principal Payment Date or
date fixed for prepayment or redemption;
(b) All overdue payments of principal and, to the
extent permitted by law, interest shall bear interest at the
applicable interest rate or rates on the Bonds; and
(c) Crestar Bank, Richmond, Virginia, is
designated as Bond Registrar and Paying Agent for the Bonds.
7. Prepayment or Redemption. The Principal
Installments of the Bonds held by the VPSA coming due on or
before July 15, 2007, and the definitive Bonds for which the
Bonds held by the VPSA may be exchanged that mature on or before
July 15, 2007, are not subject to prepayment or redemption prior
to their stated maturities. The Principal Installments of the
Bonds held by the VPSA coming due after July 15, 2007, and the
definitive Bonds for which the Bonds held by the VPSA may be
66S-
September 24, 1996
-
exchanged that mature after July 15, 2007, 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 July 15, 2007, upon payment of the prepayment or redemption
prices (expressed as percentages of Principal Ins~allments 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
July 15, 2007 to July 14, 2008, 103%
inclusive
July 15, 2008 to July 14, 2009, 102
inclusive
July 15, 2009 to July 14, 2010, 101
inclusive
July 15, 2010 and 100
thereafter. . . . . . . . . . . . . . . . .
Provided, however, that 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 registered owner of the Bonds. 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. The County Administrator is authorized
to approve such other redemption provisions, including changes to
the redemption dates set forth above, as may be set forth in the
Bond Sale Agreement.
8. Execution of the Bonds.
Chairman and the Clerk or any Deputy
authorized and directed to execute and
affix the seal of the County thereto.
The Chairman or Vice
Clerk of the Board are
deliver the Bonds and to
9. Pledge of Full Faith and Credit. For the prompt
payment of the principal of, and 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 ªº' valorem tax upon all taxable property in the County
-
Spptpmhpr 24, 1996
6@
subject to local taxation sufficient in amount to provide for the
payment of the principal of, and the premium, if any, and the
interest on the Bonds as such principal, premium, if any, and
interest shall become due, which tax shall be without limitation
as to rate or amount and in addition to all other taxes
authorized to be levied in the County to the extent other funds
of the County are not lawfully available and appropriated for
such purpose.
10. Use of Proceeds certificate: Non-Arbitrage
Certificate. The Chairman of the Board and the County
Administrator, or either of them, and such officer or officers of
the County as either may designate are hereby authorized and
directed to execute a Non-Arbitrage Certificate, if requested by
bond counsel, and a Use of Proceeds Certificate 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 (the "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 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 County Treasurer to
participate in the state Non-Arbitrage Program in connection with
the Bonds. 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 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, the investment manager, and the depository
substantially in the form on file with the County Administrator,
which form is hereby approved.
12. Continuing Disclosure Agreement. The Chairman of
the Board and the County Administrator, or either of them, and
such officer or officers of the County as either of them may
designate are hereby authorized and directed to execute a
.-
640
September 24, 1996
continuing Disclosure Agreement, as set forth in Appendix F to
the Bond Sale Agreement, setting forth the reports and notices to
be filed by the County and containing such covenants as may be
necessary in order to show compliance with the provisions of the
Securities and Exchange Commission Rule 15c2-12. ~
13. Filing of Resolution. The appropriate officers or
agents of the County are hereby authorized and directed to cause
a certified copy of this Resolution to be filed with the Circuit
Court of the County.
14 . 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
actiön previously taken is hereby ratified and confirmed.
15. Effective Date. This Resolution shall take effect
immediately.
The undersigned Deputy 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 24, 1996, 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.
On motion of Supervisor Harrison to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
WITNESS MY HAND and the seal of the Board of
supervisors of the County of Roanoke, Virginia, this 24th day of
September, 1996.
IN RE
SECOND READING OF ORDINANCES
ÅL ordinance amending the Roanoke County Code by
adding Article II, Regulations of opening Burning,
September 24, 1996
m
section 9-5, Title, section 9-6, Purpose. Section
9-7, Definitions, section 9-8, Prohibitions on
opening burning, section 9-9, Exemptions, Section
9-10, Permissible open burning, section 9-11,
Permit,
and
Section
9-12,
-
Penalties
for
violations: amending section 9-18, Enforcement of
Article III, virginia statewide Fire Prevention
Code, and repealing section 9-3, Burning of woods.
brush. leaves, etc., and section 9-4, Burning of
waste material near residence, garage, etc. of
Article· I In General,
of Chapter 9 ,
Fire
Prevention and Protection.
(Richard Burch, Chief
of Fire and Rescue)
0-092496-6
Chief Burch advised that the changes suggested by the
Board members and citizens have been incorporated in the
ordinance since the first reading on September 10, 1996. There
will be no new fee imposed and the permit process will be by
telephoning the Fire Marshal's office.
The Fire Marshal will
then notify the dispatch center and the fire station serving the
area.
The penalties for failure to comply with the ordinance
constitutes a class 1 misdemeanor which could impose a fine up to
$2,500 or 12 months in jail.
He advised that an appeal process
will be part of the administrative review and included in the
672
September.. 2~, 1~96
permit process. Supervisor Eddy advised that this is a model
ordinance developed by the State Air Pollution Control and if
adopted by the County, it does not need state approval. He
suggested that another ordinance to specifically address County
concerns be developed and submitted to the state in the future.
supervisor Harrison asked that the call-in process be
publicized and requested that Chief Burch attend a meeting of
Mason Cove citizens to explain this ordinance.
Supervisor Harrison moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 092496-6 AMENDING THE ROANOKE COUNTY CODE BY
ADDING ARTICLE II. Regulation of Open Burning., SECTION
9-5, Title., SECTION 9-6, Purpose., SECTION 9-7,
Definitions., SECTION 9-8, Prohibitions on open
burning., SECTION 9-9, Exemptions., SECTION 9-10,
Permissible open burning., SECTION 9-11, Permits, AND
SECTION 9-12, Penalties for violation., AMENDING
SECTION 9-18, Enforcement, OF ARTICLE III, Virginia
statewide Fire Prevention Code, REPEALING SECTION 9-3
Burning of woods, brush, leaves, etc. AND SECTION 9-4,
Burning of waste material near residence, garage, etc.
OF ARTICLE I. In General, OF CHAPTER 9, FIRE PREVENTION
AND PROTECTION AND REPEALING SECTION 3-2 Permitted open
burning of leaves from trees OF ARTICLE I. In General,
OF CHAPTER 3, AIR POLLUTION CONTROL.
WHEREAS, regulations of the State Air Pollution Control
Board permit transfer of responsibility of regulation of open
burning operations from the Board to a locality upon the adoption
by the governing body of a locality of regulations governing such
open burning operations; and
Sp.ptp.m hp.r 2d J 996
m
WHEREAS, adoption of an ordinance regulating open
burning operations wi thin the County of Roanoke would improve
public safety, increase convenience for county residents and
businesses seeking to conduct such operations, and meets the
State's requirements for certain types of open burning
operations; and,
WHEREAS, the first reading of this ordinance was held
on September 10, 1996; and the second reading and public hearing
was held on September 24, 1996.
BE IT ORDAINED by the Board of Supervisors of the
County of Roanoke, Virginia, as follows:
1. That Chapter 9 FIRE PREVENTION AND PROTECTION, be
amended by the enactment of a new Article II. Regulation of Open
Burning, as follows:
ARTICLE II. REGULATION OF OPEN BURNING
Sec. 9-5. Title.
This Article shall be known as the Roanoke County
Ordinance for the Regulation of Open Burning.
Sec. 9-6. Purpose.
The purpose of this article is to protect public
health, safety, and welfare by regulating open burning within the
County of Roanoke to achieve and maintain, to the greatest extent
practicable, a level of air quality that will provide comfort and
convenience while promoting economic and social development. This
Article is intended to supplement the applicable regulations
promulgated by the State Air Pollution Control Board and other
applicable regulations and laws.
Sec. 9-7. Definitions.
For the purpose of this Article and subsequent
amendments or any orders issued by the County of Roanoke, the
words or phrases shall have the meaning given them in this
section.
A. "Automobile graveyard" means any lot or place
which is exposed to the weather and upon which more than five
motor vehicles of any kind, incapable of being operated, and
which it would not be economically practical to make operative,
are placed, located or found.
B. "Clean burning waste" means waste which does not
produce dense smoke when burned and is not prohibited to be
burned under this ordinance.
C. "Construction waste" means solid waste which is
produced or generated during construction of structures.
Construction waste consists of lumber, wire, sheetrock, broken
~
S~~tember" 24, 1996
brick, shingles, glass, pipes, concrete, and metal and plastics
if the metal or plastics are a part of the materials of
construction or empty containers for such materials. Paints,
coatings, solvents, asbestos, any liquid, compressed gases or
semi-liquids, and garbage are not construction wastes and the
disposal of such materials must be in accordance with the
regulations of the Virginia Waste Management Board.
D. "Debris waste" means stumps, wood, brush, and
leaves from land clearing operations.
E. "Demolition waste" means that solid waste which is
produced by the destruction of structures and their foundations
and includes the same materials as construction waste.
F. "Garbage" means rotting animal and vegetable
matter accumulated by a household in the course of ordinary day-
to-day living.
G. "Hazardous waste" means refuse or combination of
refuse which, because of its quantity, concentration or physical,
chemical or infectious characteristics may:
1. cause or significantly contribute to an
increase in mortality or an increase in serious irreversible or
incapacitating illness; or
2. pose a substantial present or potential
hazard to human health or the environment· when improperly
treated, stored, transported, disposed, or otherwise managed.
H. "Household refuse" means waste material and trash
normally accumulated by a household in the course of ordinary
day-to-day living.
I. "Industrial waste" means all waste generated on
the premises of manufacturing and industrial operations such as,
but not limited to, those carried on in factories, processing
plants, refineries, slaughter houses, and steel mills.
J. "Junkyard" means an establishment or place of
business which is maintained, operated, or used for storing,
keeping, buying, or selling junk, or for the maintenance or
operation of an automobile graveyard, and the term shall include
garbage dumps and sanitary fills.
K. "Landfill" means a sanitary landfill, an
industrial waste landfill, or a construction/demolition/debris
landfill. See Solid Waste Management Regulations (VR 672-20-10)
for further definitions of these terms.
L. "Local landfill" means any landfill located within
the jurisdiction of a local government.
M. "Open burning" means the burning of any matter in
such a manner that the products resulting from combustion are
emitted directly into the atmosphere without passing through a
stack, duct or chimney.
N. "Open pit incinerator" means a device used to burn
~pptpmbt'r 24. 1996
675
waste for the primary purpose of reducing the volume by removing
combustible matter. Such devices function by directing a curtain
of air at an angle across the top of a trench or similarly
enclosed space, thus reducing the amount of combustion by-
products emitted into the atmosphere. The term also includes
trench burners, air curtain destructors and over draft
incinerators.
o. "Refuse" means trash, rubbish, garbage and other
forms of solid or liquid waste, including, but not limited to,
wastes resulting from residential, agricultural, commercial,
industrial, institutional, trade, construction, land clearing,
forest management and emergency operations.
P. "Salvage operation" means any operation consisting
of a business, trade or industry participating in salvaging or
reclaiming any product or material, such as, but not limited to,
reprocessing of used motor oils, metals, chemicals, shipping
containers or drums, and specifically including automobile
graveyards and junkyards.
Q. "Sanitary landfill" means an engineered land
burial facility for the disposal of household waste which is so
located, designed, constructed, and operated to contain and
isolate the waste so that it does not pose a substantial present
or potential hazard to human health or the environment. A
sanitary landfill also may receive other types df solid wastes,
such as commercial solid waste, nonhazardous sludge, hazardous
waste from conditionally exempt small quantity generators, and
nonhazardous industrial solid waste. See Solid Waste Management
Regulations (VR 672-20-10) for further definitions of these
terms.
R. "Smoke" means small gas-borne particulate matter
consisting mostly, but not exclusively, of carbon, ash and other
material in concentrations sufficient to form a visible plume.
S. "Special incineration device" means a pit
incinerator, conical or teepee burner, or any other device
specifically designed to provide good combustion performance.
Sec. 9-8. Prohibitions on open burning.
A. No owner or other person shall cause or permit
open burning or the use of a special incineration device for
disposal of refuse except as provided in this ordinance.
B. No owner or other person shall cause or permit
open burning or the use of a special incineration device for
disposal of rubber tires, asphaltic materials, crankcase oil,
impregnated wood or other rubber or petroleum based materials
except when conducting bona fide fire fighting instruction at
fire fighting training schools having permanent facilities.
C. No owner or other person shall cause or permit
open burning or the use of a special incineration device for
6i6
September 24. 1996
-
disposal of hazardous waste or containers for such materials.
D. No owner or other person shall cause or permit
open burning or the use of a special incineration device for the
purpose of a salvage operation or for the disposal of
commercial/industrial waste.
E. Open burning or the use of special incineration
devices permitted under the provisions of this ordinance does not
exempt or excuse any owner or other person from the consequences,
liability, damages or injuries which may result from such
conduct; nor does it excuse or exempt any owner or other person
from complying with other applicable laws, ordinances,
regulations and orders of the governmental entities having
jurisdiction, even though the open burning is conducted in
compliance with this ordinance. In this regard special attention
should be directed to § 10.1-1142 of the Forest Fire Law of
Virginia, the regulations of the Virginia Waste Management Board,
and the state Air Pollution Control Board's Regulations for the
Control and Abatement of Air Pollution.
F. Upon declaration of an alert, warning or emergency
stage of an air pollution episode as described in Part VII of the
Regulations for the Control and Abatement of Air Pollution or
when deemed advisable by the state Air Pollution Control Board to
prevent a hazard to, or an unreasonable burden upon, public
health or welfare, no owner or other person shall cause or permit
open burning or use of a special incineration device; and any in
process burning or use of special incineration devices shall be
immediately terminated in the designated air quality control
region.
Sec. 9-9. Exemptions.
The following activities are exempted to the extent
covered by the state Air Pollution Control Board's Regulations
for the Control and Abatement of Air Pollution:
A. open burning for training and instruction of
government and public fire fighters under the supervision of the
designated official and industrial in-house fire fighting
personnel;
B. open burning for camp fires or other fires that
are used solely for recreational purposes, for ceremonial
occasions, for outdoor noncommercial preparation of food, and for
warming of outdoor workers;
C. open burning for the destruction of any
combustible liquid or gaseous material by burning in a flare or
flare stack;
D. open burning for forest management and agriculture
practices approved by the state Air Pollution Control Board; and
E. open burning for the destruction of classified
military documents.
Septem her 24, 1996
677
Sec. 9-10. Permissible open burning.
A. Open burning is permitted for the disposal of
leaves and tree, yard and garden trimmings located on the
premises of private property, provided that the conditions are
met:
1. The burning takes place on the premises of the
private property; and
2. The location of the burning is not less than 300
feet from any occupied building unless the
occupants have given prior permission, other than
a building located on the property on which the
burning is conducted; and
3. No regularly scheduled public or private
collection service for such trimmings is available
at the adjacent street or public road.
B. Open burning is permitted for the disposal of
household refuse by homeowners or tenants, provided that the
following conditions are met:
1. The burning takes place on the premises of the
dwelling;
2. Animal carcasses or animal wastes are not burned;
3. Garbage is not burned;
4. The location of the burning is not less than 300
feet from any occupied building unless the
occupants have given prior permission, other than
a building located on the property on which the
burning is conducted; and
5. No regularly scheduled public or private
collection service for such refuse is available at
the adjacent street or public road.
C. Open burning is permitted for the disposal of
debris waste resulting from property maintenance, from the
development or modification of roads and highways, parking areas,
railroad tracks, pipelines, power and communication lines,
buildings or building areas, sanitary landfills, or from any
other clearing operations which may be approved by the Roanoke
County Fire Marshal, provided the following conditions are met:
1. All reasonable effort shall be made to minimize
the amount of material burned, with the number and
size of the debris piles approved by the Roanoke
County Fire Marshal;
2. The material to be burned shall consist of brush,
stumps and similar debris waste and shall not
include demolition material;
3. The burning shall be at least 500 feet from any
occupied building unless the occupants have given
prior permission, other than a building located on
678
September 24,1996
-
-
the property on which the burning is conducted;
4. The burning shall be conducted at the greatest
distance practicable from highways and air fields;
5. The burning shall be attended at all times and
conducted to ensure the best possible combustion
with a minimum of smoke being produced;
6. The burning shall not be allowed to smolder beyond
the minimum period of time necessary for the
destruction of the materials; and-
7. The burning shall be conducted only when the
prevailing winds are away from any city, town or
built-up area.
D. Open burning is permitted for the disposal of
debris on the site of local landfills provided that the burning
does not take place on land that has been filled and covered so
as to present an underground fire hazard due to the presence of
methane gas provided the following conditions are met:
1. The burning shall take place on the premises of a
local sanitary landfill which meets the provisions
of the regulations of the Virginia Waste
Managemènt Board;
2. The burning shall be attended at all times;
3. The material to be burned shall consist _only of
brush, tree trimmings, yard and-garden trimmings,
clean burning construction waste, clean burning
debris waste, or clean burning demolition waste;
4. All reasonable effort shall be made to minimize
the amount of material that is burned;
5. No materials may be burned in violation of the
regulations of the Virginia Waste Management Board
or the state Air Pollution Control Board. The
exact site of the burning on a local landfill
shall be established in coordination with the
regional director and the Roanoke County Fire
Marshal; no other site shall be used without the
approval of these officials. The Roanoke County
Fire Marshal shall be notified of the days during
which the burning will occur
Sec. 9-11. Permits.
A. When open burning of debris waste (Sec. 9-10.C.)
or open burning of debris on the site of a local landfill (Sec.
9-10.D) is to occur within Roanoke County, the person responsible
for the burning shall obtain a permit from the Roanoke County
Fire Marshal prior to the burning. Such a permit may be granted
only after confirmation by the Roanoke County Fire Marshal that
the burning can and will comply with the provisions of this
ordinance and any other conditions which are deemed necessary to
September 24_ 1996
6i9
ensure that the burning will not endanger the public health and
welfare and to ensure compliance with any applicable provisions
of the state Air Pollution Control Board's Regulations for the
Control and Abatement of Air Pollution. The permit may be issued
for each occasion of burning or for a specific period of time
deemed appropriate by the Roanoke County Fire Marshal.
B. Prior to the initial installation (or
reinstallation, in cases of relocation) and operation of special
incineration devices, the person responsible for the burning
shall obtain a permit from the Roanoke County Fire Marshal, such
permits to be granted only after confirmation by the Roanoke
County Fire Marshal that the burning can and will comply with the
applicable provisions in Regulations for the Control and
Abatement of Air Pollution and that any conditions are met which
are deemed necessary by the Roanoke County Fire Marshal to ensure
that the operation of the devices will not endanger the public
health and welfare. Permits granted for the use of special
incineration devices shall, at a minimum, contain the following
conditions:
1.
2.
3 .
All reasonable effort shall be made to minimize
the amount of material that is burned. Such
efforts shall include, but are not l~mited to, the
removal of pulpwood, sawlogs and firewood.
The material to be burned shall consist of brush,
stumps and similar debris waste and shall not
include demolition material.
The burning shall be at least 300 feet from any
occupied building unless the occupants have given
prior permission, other than a building located on
the property on which the burning is conducted;
burning shall be conducted at the greatest
distance practicable from highways and air fields.
If the Roanoke County Fire Marshal determines that
it is necessary to protect public health and
welfare, he may direct that any of the.above cited
distances be increased.
The burning shall be attended at all times and
conducted to ensure the best possible combustion
with a minimum of smoke being produced. Under no
circumstances should the burning be allowed to
smolder beyond the minimum period of time
necessary for the destruction of the materials.
The burning shall be conducted only when the
prevailing winds are away from any city, town or
built-up area.
The use of special incineration devices shall be
allowed only for the disposal of debris waste,
4.
5.
6.
680
September 24, 1996
clean burning construction waste, and clean
burning demolition waste.
7. Permits issued under this subsection shall be
limited to a specific period of time deemed
appropriate by the Roanoke County Fire Marshal.
C. AI! applieatiOl! for a perIni t uI!der See. 9 11 A. or
See. 9 11 B. sllall be aecolnpalded by a pr oeessil1g fee of $100.00.
Sec. 9-12. Penalties for violation.
A. Any violation of this ordinance is punishable as a
Class I misdemeanor.
B. Each separate incident may be considered a new
violation.
2. That Chapter 9 FIRE PREVENTION AND
Article I. In General, be amended by the repeal of
Burning of woods. brush, leaves. etc., and Section
of waste material near residence, garage. etc.;
PROTECTION,
Section 9-3,
9-4, Burning
3. That Chapter 3 AIR POLLUTION CONTROL, Article I.
In General, be amended by the repeal of Section 3-2. Permitted
open burning of leaves from trees.;
4. That Article II. Virginia Statewide Fire
Prevention Code, be redesignated as "Article ..rII. Virginia
statewide Fire Prevention Code," of Chapter 9 FIRE PREVENTION AND
PROTECTION of the Roanoke County Code.
5. That Section 9-18. Enforcement
Virginia Statewide Fire Prevention Code, of
PREVENTION AND PROTECTION of the Roanoke County
and reenacted, as follows:
Sec. 9-18. Enforcement.
(a) The Roanoke County Fire Marshal is hereby directed
to enforce the provisions of the Virginia Statewide Fire
Prevention Code and this gp:ªpp,§:p code. The county fire marshal
shall establish such procedures or requirement as may be
necessary for the administration and enforcement of said code ªP.A
Ç:B:~EBgp· The county fire marshal is hereby authorized to issue à'
summons for any violation of the provisions of the code, pursuant
to the provisions of Section F-106.:g:-s- of said Code. The fire
marshal shall coordinate his enforë'ement activities with the
county building official and zoning administrator. The fire
marshal shall assign and detail such members of the Roanoke
County Fire and Rescue Department as inspectors or other
assistants as he may deem necessary in administering and
enforcing the provisions of such code :~:ijg':,::i#Qãp::þf,W;:.
of Article III.
Chapter 9 FIRE
Code be amended
. . . .
September 24, 1996
681
-
6. That this ordinance shall be in full force and
effect from and after September 25, 1996.
On motion of Supervisor Harrison to adopt the
ordinance, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
h Ordinance vacating a portion of the subdivision
plat for Hunting Hills section 3, of record in
Plat Book 6, page 63, to remove the "we};l.. lot"
restriction placed on tax map no. 88.13-3-28.
(Paul Mahoney, County Attorney) (CONTINUED FROM
JULY 23, 1996)
Mr. Mahoney advised that an agreement had been reached
wi th all those invol ved and asked that this item be withdrawn
from the agenda.
Mr. Tyler Moore, 4919 Fawn Dell, expressed appreciation
to the County for the resolution of this matter.
Becky Farris, 5123 Crossbow Circle, President. Hunting
Hills Homeowners Association. expressed appreciation for the
settlement and listed for the record the Homeowner Association's
concerns about the project.
682
September 24, 1996
---
-
~ ordinance to rezone 1.11 acres from AR to I-1 to
expand
an
existing
customer
manufacturing
facility, located at 205~ Loch Haven Drive,
Catawba Magisterial District, upon the petition of
Daniel Peters. (Terry Harrington, Planning and
Zoning Director)
0-092496-7
Mr. Harrington advised that this is a request to expand
an existing custom manufacturing facility, and there are five
proffered conditions.
The Planning Commission recommended
approval with the conditions.
There was no discussion and no
citizens to speak on the matter.
Supervisor Harrison moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
ORDINANCE 092496-7 TO CHANGE THE ZONING CLASSIFICATION
OF A 1.11-ACRE TRACT OF REAL ESTATE LOCATED AT 2056
LOCH HAVEN DRIVE (TAX MAP NOS. 36.08-3-6 AND PART OF
36.08-3-5) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE
ZONING CLASSIFICATION OF AR TO THE ZONING
CLASSIFICATION OF I-1 WITH CONDITIONS UPON THE
APPLICATION OF DANIEL PETERS
WHEREAS, the first reading of this ordinance was held
on August 27, 1996, and the second reading and public hearing
were held September 24, 1996; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on September 3, 1996; and
September 24, 1996
6æ
WHEREAS, legal notice and advertisement has been
provided as required by law.
BE IT ORDAINED by the Board of supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning classification of a eertain tract
of real estate containing 1.11 acres, as described herein, and
located at 2056 Loch Haven Drive, (Tax Map Numbers 36.08-3-6 and
part of 36.08-3-5) in the Catawba Magisterial District, is hereby
changed from the zoning classification of AR,
Agriculture/Residential District, to the zoning classification of
1-1, Industrial District.
2. That this action is taken upon the application of
Daniel Peters.
3. That the owner of the property has voluntarily
proffered in writing the following conditions which the Board of
Supervisors of Roanoke County, Virginia, hereby accepts:
(1)
(2)
Drive.
(3)
(4)
(5)
No materials will be stored outside.
No signage will be placed adjacent to . Loch.·->t1aven
The use of the property shall be limited to custom
manufacturing of woodworking and shop related
items.
The hours of operation shall be limited to 7 a.m.
to 9 p.m., Monday through Saturday.
All business activities shall be conducted within
enclosed buildings other than essential loading
and unloading.
follows:
4. That said real estate is more fully described as
Beginning at a point on the northwest side of Loch
Haven Drive and in the southeast corner of Tract 2A
belonging to David J. and Ruth R. Sink, N. 26 deg. 26'
04" W. 256.10 feet to a point; thence N. 62 deg. 21' 30
E . 205 feet to a po int ; thence S. 26 deg. 2 6' 04" E .
161 feet to a point; thence S. 63 deg. 39' W. 45 feet
to a point; thence S. 26 deg. 261 04" E. 100 feet to a
point; thence S. 63 deg. 39' W. 149.72 feet to the
point of beginning.
5. That this ordinance shall be in full force and
684
September 24, 1996
:-
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. The Zoning
Administrator is directed to amend the zoning district map to
reflect the change in zoning classification authorized by this
ordinance.
On motion of Supervisor Harrison to adopt the
Ordinance, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
NEW BUSINESS
h Request for authorization to execute an agreement
with the Industrial Development Authority to
manage a grant program for the Williamson Road
Corridor Project.
(Terry Harrington, Planning &
Zoning Director)
R-092496-8
Mr. Harrington asked that the Board approve a
resolution to authorize the mini-grant program, to approve the
agreement with the IDA to administer the program, and to
authorize the transfer of $23,500 previously appropriated funds
to the IDA.
The program offers a fifty percent (50%) matching
grant up to $5,000, with the minimum amount being $500.
Supervisor Johnson moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
-
Septemher 24, 199()
685
RESOLUTION 092496-8 AUTHORIZING
AGREEMENT WITH THE ROANOKE
DEVELOPMENT AUTHORITY TO MANAGE A
WILLIAMSON ROAD CORRIDOR PROJECT
THE EXECUTION OF AN
COUNTY INDUSTRIAL
GRANT PROGRAM FOR THE
WHEREAS, the County has authorized the Williamson Road
Corridor Project, a project combining beautification and economic
development elements to be accomplished by a public/private
partnership between the County, the Roa.noke County Industrial
Development Authority (the "Authority"), and property owners
along Williamson Road from the Peters Creek intersection area to
the Botetourt/Roanoke County line and along Plantation Road area
from I-81 to the Sunnybrook Inn ("the Project area"); and
WHEREAS, the County seeks to offer financial incentives
to property owners in the project area in order to assist said
owners in adopting those features from the Williamson Road
Hollins Village design guidelines for facade renovations, new
signage, landscaping, parking lot redesign, and lighting; and
WHEREAS, the county has approved and authorized funding
for a mini-matching grant program to property owners who
undertake such improvements; and
WHEREAS, the County seeks the assistance of the
Authority in the management, implementation and fulfillment of
this mini-matching grant program.
WHEREAS, section 15.1-1378.13 of the State Code
authorizes the Authority to make loans or grants to any person,
partnership, association, corporation, or business in furtherance
of the purposes of promoting economic development.
NOW THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County, Virginia, as follows:
1. That a mini-matching grant program to property
owners in the Williamson Road Corridor Project area to undertake
certain improvements in accordance with the design guidelines of
the "Hollins Village Master Plan" is hereby authorized and
approved.
2. That an agreement between the Board of Supervisors
of Roanoke County and the Roanoke County Industrial Development
Authority for the management, implementation, and fulfillment of
this mini-matching grant program is hereby authorized and
approved. The County Administrator is authorized to execute this
~
September 24, 1996
agreement on behalf of the County, all upon form approved by the
County Attorney.
3. That the sum of $23,500, which was previously
appropriated to the Department of Planning and Zoning for this
Project, is hereby authorized to be transferred to the Authority
for the purpose of funding this mini-matching grant program.
4. That this resolution shall take effect from and
after the date of its adoption.
On motion of Supervisor Johnson to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
IN RE:
CITIZEN COMMENTS AND COMMUNICATIONS
h Mike Murray, 7950 Shadwell Drive showed a video
illustrating the sink hole and surrounding conditions on Shadwell
Drive.
He advised that he felt a retention pond which was
inadequately engineered by the developer caused the loss of their
well and the property damage. He asked for the County's
assistance in determining the responsibility and remedy for the
situation. Arnold Covey responded that the County has attempted
to work with both Mr. Murray and the developer on solutions for
the problems.
~ Carr L. Kinder, Jr., a ttorney for Mr. Murray I
commented that they believe the retention pond is the source of
the problem.
He advised that they have met with the developer
concerning these problems but Mr. Murray's engineer reports that
the method that the developer wants to use to fill the sinkhole
September 24, 1996
687
is not the preferred method.
It was the consensus of the Board that staff arrange a
meeting with all parties concerned in an attempt to resolve the
situation.
~ David Burnley, 6622 Trevilian Road, advised that
the water source for six families has been lost and that they
believe the problem is related to the sinkhole and retention pond
previously discussed. He thanked the County for the temporary
water supply but asked for assistance in placing responsibility
and getting a permanent water connection. Gary Robertson
responded that all of the citizens in that area have been
notif ied of the costs to connect to the County's system. He
advised that the off-site connection fee was being reduced 50% so
that instead of paying $5 ,900, the citizens would be charged
$3,455.
The Board directed that staff contact all of the
citizens again to determine their interest and then proceed with
establishing a specific district to provide the water connection.
They also asked that the County determine some way to help
citizens pay the surcharge.
IN RE: EXECUTIVE SESSION
At 9: 30 p.m., Supervisor Nickens moved to go into
Executive Session pursuant to the Code of Virginia section 2.1-
_688
September 24, 1996
--------..------
._--~._---.y
-
344 A (7) potential litigation/settlement concerning Dixie
Caverns Landfill.
The motion carried by the following recorded
vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens" Johnson
NAYS:
None
.-;,..
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-092496-9
At 9:45 p.m., Supervisor Johnson moved to return to
open session and adopt the Certification Resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS:
None
RESOLUTION 092496-9 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that,
to the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies,
and
September 24, 1996
689
2. Only such public business matters as were
identif ied in the motion convening the executive meeting were
heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of
certification Resolution,
vote:
AYES:
NAYS:
Supervisor Johnson to adopt the
and carried by the following ,recorded
Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
None
IN RE:
ADJOURNMENT
Chairman Johnson declared the meeting adjourned at 9:45
p.m.
Submitted by,
~flj¡!!~
Deputy Clerk
690
September 24, 1996
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