9/28/1993 - Regular
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september 28, 1993
598
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Roanoke County Board of S~pervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
September 28, 1993
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
fourth Tuesday, and the second regularly scheduled meeting of the
month of September, 1993.
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IN RE:
CALL TO ORDER
Chairman Minnix called the meeting to order at 3: 04 p.m.
The roll call was taken.
MEMBERS PRESENT:
Chairman H. Odell "Fuzzy" Minnix, Vice Chairman
Lee B. Eddy, Supervisors Bob L. Johnson, Edward G.
KOhinke, Sr., Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk;
John M. Chambliss, Assistant County Administrator;
Don C. Myers, Assistant County Administrator;
Anne Marie Green, Director, Community Relations
IN RE:
OPENING CEREMONIES
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The invocation was gi ven by the Reverend Jay Owens,
Lynn Haven Baptist Church. The Pledge of Allegiance was recited
by all present.
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September 28, 1993
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IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Supervisor Eddy added a request to change the
celebration date of Halloween from Sunday, October 31, 1993, to
Saturday, October 30, 1993.
Mr. Hodge moved the work session on the Vehicle
Replacement Policy until following the evening session.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
~ Resolution Declarinq the Weekend of October 8 and
9 as the Second Annual Roanoke Val1ev Native
American Heritaqe Festival and Pow Wow.
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Chairman Minnix pre~ented the resolution to Jim Jones,
Assistant Director, Parks & Recreation Department.
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 92893-1 DECLARING THE WEEKEND OF
OCTOBER 8 AND 9, 1993 AS
liTHE 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, thèse Native Americans greeted the colonists
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september 28, 1993
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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
VAT.JLEY NATIVE AMERICAN HERITAGE FESTIVAL AND POW WOW", al~d
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
h Introduction of Thomas S. "Pete" HaisliD. Director
of Parks and Recreation and Jonathan Vest.
Horticulture Agent for VPI Extension.
Mr. Hodge introduced Thomas S. "Pete" Haislip, Director
of the Parks & Recreation Department. Mr. Chambliss introduced
Jonathan Vest, Horticulture Agent for VPI Extension.
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SeDtember 28. 1993
IN RE:
NEW BUSINESS
~ Request for AdoDtion of a Resolution Authorizinq
the' Filinq of certification with the Federal
Communications Commission to Permit the County to
Regulate Rates for Basic Cable Service and
EquiDment. (JoseDh Obenshain. Sr. Assistant County
Attorney>
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Mr. Obenshain advised that this application will be
filed with the FCC to certify that Roanoke County may regulate
rates for basic cable television service.
It must be filed by
October 15, 1993 to prevent the "benchmark" rates from increasing
on November 15, 1993.
On that date, a cable operator will be
free to raise its rates unless subject to local rate regulations.
Mr. Obenshain explained this certification will apply to both Cox
Cable and Salem Cable.
Supervisor Nickens moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Eddy, Nickens, Minnix
NAYS:
Supervisor Kohinke
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
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Proposed Rule-makinq, 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
capabili ty to exercise rate regulation under the FCC's
regulations; and
WHEREAS, the County, with assistance from qualified
advisors, has determined that it is in the best interests of the
County, its residents, and cable television subscribers to
exercise the regulatory authority afforded franchising
authorities under the FCC's regulations; and
WHEREAS, the County has determined that its best
interests are served by moving forward in an expeditious manner
seeking certification from the FCC to regulate the basic cable
service tier to avoid potential rate increases which may result'
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September 28, 1993
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
resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, Eddy, Nickens, Minnix
NAYS: Supervisor Kohinke
h Request for ADDroval of Chanqe
sDrinq Hollow Reservoir Proiect.
utility Director)
the
Order for the
(Clifford Craiq.
A-92893-3
Mr. Craig reported that any change orders in excess of
$250,000 must be approved by the Board of Supervisors, and
requested approval of a change order for $1,020,097.70. He
described what work was included in the change order and advised
that the project cost is still estimated at $25,044,000.
Supervisor Nickens moved to approve the change order.
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September 28, 1993
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The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
h Request for Inclusion in the Roanoke County Pay
Plan of the Chief DeDuties in the County
Treasurer's. the commissioner of the Revenue's.
and the Cle~k of Circuit Court's Offices. (Elmer
C. Hodge. County Administrator)
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Mr. Hodge reported that three Constitutional Officers
have requested that their Chief Deputies be included in the
County's Pay and Classification Plan. However, he advised that
they will be ex~mpt from certain aspects of the County personnel
system because of the" unique nature of their positions. These
include the grievance procedure and application, qualification
and appointment policies. Mr. Hodge advised that funds are
available within the salary survey monies to cover increased
salary costs.
Following discussion, Supervisor Johnson moved' to adopt
the resolution and include the Chief Deputies of the Clerk of
Circuit Court, the Treasurer and the Commissioner of the Revenue
in classification plan and adopt resolution. The motion carried
by the following recorded vote:
AYES: Supervisors Johnson, Nickens, Minnix
NAYS: Supervisor Kohinke
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September 28, 1993
ABSTAIN: Supervisor Eddy
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
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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
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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 employee~ of these
constitutional 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 effecti ve 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:
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September 28, 1993
AYES:
Supervisors Johnson, Nickens, Minnix
NAYS:
Supervisor Kohinke
ABSTAIN:
Supervisor Eddy
Request for Authorization to Execute a Boundary
Line Adiustment Between the city of Salem and the
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County of Roanoke (Roanoke Col1eqe Investment
CorDoration and Morris A. E1am). (Paul Mahoney.
County Attorney)
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There was no discussion.
Supervisor Nickens moved to
adopt the resolution.
The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
RESOLUTION 92893-5 AUTHORIZING THE EXECUTION
OF AN AGREEMENT BETWEEN THE COUNTY OF ROANOKE
AND THE CITY OF SALEH 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
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608
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governmental 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,
I establishing a new boundary line at certain points between said
jurisdictions as more parti-:::ularly. shown on a plat by T. P.
Parker & Son, dated April 12, 1993, entitled "Plat from records
and subdivision for Roanoke College Investment Corporation and
Morris Elam" and "Showing the Resubdivision of New Tract "B"
(39.694 Ac.), Map for Roanoke College Investment Corporation (PB
14, Page 29) and a 13.552 Ac. Tract and Creating New Tract "B-1"
(39.576 Ac.) and New Tract "B-2" (13.552 Ac.) situate on Wildwood
Road and Waldheim Road."
2. The boundary line set forth in said agreement
shall be described by metes and bounds.
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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
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September 28, 1993
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 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 th~ following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
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Request for AdoDtion of a Resolution ASkinq that
the National Park Service and Blue Ridqe parkway
Hold PUblic Hearinqs on the Blue Ridge parkway
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viewsheds. (Elmer C. Hodqe. County Administrator)
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Mr. Hodge reported that at the September 14 meeting,
Supervisor Johnson suggested that the National Park Service and
Blue Ridge Parkway officials hold a public hearing to deal with
protection of the viewsheds along the entire length of the
parkway.
He further requested that the appropriate state and
federal legislators be invited to attend the public hearing.
Supervisor Johnson moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
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Supervisor Johnson asked that the resolution be sent to
all the Congressmen and local governments adjacent to the entire
length of the Blue Ridge Parkway.
RESOLUTION 92893-6 REQUESTING THAT THE NATIONAL PARK
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
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the Roanoke Valley are vitally interested in protecting the
scenic beauty of the Blue Ridge Parkway as evidenced by the
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September 28, 1993
support for this protection at recent local public hearings; and
WHEREAS, the Roanoke County Board of Supervisors can
exercise only limited authority to protect areas adjacent to the
Blue Ridge Parkway from development, and this issue should be
addressed through a joint effort of the localities and states
along the Blue Ridge Parkway and the federal government.
THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County, Virginia hereby requests:
(1) That the National Park Service and Blue Ridge
Parkway hold a public hearing on scenic protection of the Blue
Ridge Parkway; and
(2) That the appropriate members of the united States
Senate and House of Representative be invited to attend the
public hearing.
BE IT FURTHER RESOLVED, that the Board of Supervisors
offers its Community Room located in the Roanoke County
Administration Center as a location for the public hearing.
On motion of Supervisor Johnson to adopt the resolution
and that copies be sent to all local governments adjacent to the
Blue Ridge Parkway. Carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
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h Request for Authorization to Issue 1993 Water I
system Revenue Bonds to Refinance Previous Issues.
(Diane Hyatt. Director ~f Finance)
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Ms. Hyatt explained that the state Council on Local
Debt had met and approved the refunding of the 1991 Water System
Revenue Bonds.
The bonds will be issued in the principle of
$56,000,000, an increase over the original request of $30,800,000
because of the favorable market rate. The estimated savings now
exceeds $2,000,000 over the forty year term of the bond.
Supervisor Kohinke moved to adopt the resolution as
amended by Ms. Hyatt.
The motion carried by the following
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
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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
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revenue bonds of the County payable solely from revenues of the
County's water system ("Bonds") pursuant to the Master Indenture
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September 28, 1993
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. Pledqe 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
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614
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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, def ined 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
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September 28, 1993
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 ne;t 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
Aqreement: state Council on Local Dept Approval. The County
Administrator and the Chairman of the Board of Supervisùrs, 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
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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-Arbitraqe 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 procep.ds 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
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September 28, 1993
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 arid 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. Financinq Documents.
The Bonds shall be issued
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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
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actions taken by such officers and agents in connection with the
issuance and sale of the Bonds are hereby ratified and confirmed.
10. Filinq 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
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,7.- Request to Chanqe the Date to Celebrate Halloween
from Sunday, October 31, 1993 to Saturday, October 30, 1993.
Mr. Hodge advised that since Halloween falls on a
Sunday this year, several localities are considering change the
date for celebration to Saturday, October 30. The Town of vinton
and Roanoke city both plan to make this change.
Supervisor Nickens moved to change the date for
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September 28, 1993
Celebrating
Halloween from Sunday, October
to
31
Saturday,
October 30, and directed staff to advertise this change to the
public. The motion carred by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Johnson moved to approve the first reading
and set the public hearings for October 26, 1993.
The motion
carried by the fOllowing recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
~ Ordinance to Rezone .886 Acre From C-1 to R-3 to
Construct MUlti-familY Dwellinq Units Located on
starkey Road ADDroximatelY 150 Feet South of
Intersection with Woods Crossinq Drive, Cave
SDrinq Maqisterial District, UDon the Petition of
Hobart FamilY Trust.
h Ordinance Authorizinq a SDecia1 Use Permit to
Construct an Accessory Aoartment Located at 1845
Mountain view Road, Vinton Maqisterial District,
UDon the Petition of Douq1as , Dorothy Forbes.
Supervisor Nickens asked for the details on this
request.
h ordinance to Rezone 0.6504 Acre from C-2
Conditional to C-2 to Construction an Automobile
Parts Retail Store Located at 3505 Brambleton
Avenue, Windsor Hills Maqisterial District, Upon
the Petition of Floyd T. critcher.
Ordinance to Amend Conditions on 2.066 Acres to
Construct a Hotel/Restaurant Located AooroximatelY
200 Feet North of Carvin street and Walrond Drive,
Hollins Maqisterial District, Uoon the Petition of
.L.
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620 ,
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Richard W. Sloan.
h
Ordinance to Rezone 1.22 Acres From C-2 to R-1 to
Exoand or Reolace an Existinq House, Located at
5374 Main Street, Catawba Magisterial District,
UDon the Petition of the Roanoke County Planninq
commission.
IN RE:
FIRST READING OF ORDINANCES
~
Ordinance
Authorizinq
the
Conveyance
of
a
TemDOrary Gradinq and Construction Easement to the
Commonwealth of Virqinia in Association with the
Construction of the New Forensic Lab and to Accept
a Water and Sewer Easement from the Commonwealth
of Virqinia. (John Chambliss, Assistant County
I
Administrator)
There was no discussion on this ordinance. Supervisor
Nickens moved to approve the first reading and set the second
reading for October 12, 1993.
The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
IN RE:
SECOND READING OF ORDINANCES
~ Ordinance Authorizinq Conveyance of an Easement to
I
Apoalachian Power Comoany for Electric Service
Across Five Oaks Road. (Clifford Craiq, utility
Director)
0-92893-8
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september 28, 1993
There was no discussion on this ordinance. Supervisor
.Eddy moved to adopt the ordinance.
The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 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.
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september 28, 1993
622
,
THEREFORE, BE IT ORDAINED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04
of the Roanoke County Charter, the acquisition and disposition of
real estate can be authorized only by ordinance. A first
reading of this ordinance was held on September 14, 1993; and a
second reading was held on September 28, 1993.
2. That pursuant to the provisions of Section 16.01
of the Charter of Roanoke County, the interests in real estate to
be conveyed are hereby declared to be surplus, and are hereby
made available for other public uses by conveyance to Appalachian
Power Company for the provision of electrical service in
connection with the County water system.
3. That donation of a right-of-way, forty feet (40')
in width, running in an easterly direction from U.S. Route 221
through the approximate center of the County property located at
7826 Five Oaks Road, to Appalachian Power Company is hereby
authorized.
4. That donation of certain future rights-of-way and
easements to Appalachian Power Company which may be necessary
upon or across the County property located at 7826 Five Oaks Road
for the provision of electriè 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
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September 28, 1993
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
h 'Ordinance Amendinq Article IV, Sewer Use Standards
of ChaDter 18 of the Roanoke County Code of 1985.
(Clifford Craiq, utility Director)
0-92893-9
Supervisor Nickens thanked Mr. Craig for responding to
concerns expressed at the first reading regarding enforcement of
the monitoring manhole for non-residential users.
He supported
Mr. craig's enforcement of this requirement.
Supervisor Eddy
expressed concern that Roanoke City is not enforcing this
requirement while Roanoke County is.
Supervisor Johnson moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Nickens, Minnix
NAYS:
Supervisor Eddy
ORDINANCE 92893-9 AMENDING AND REENACTING ARTICLE
IV, SEWER USE STANDARDS, OF CHAPTER 18 OF THE
ROANOKE COUNTY CODE OF 1985 (formerly, Article
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623 ,
III, of Chapter 16 of the Roanoke County Code of
1971).
WHEREAS, the 1972 Sewage Treatment Agreement entered into by
and between, and still binding upon, Roanoke City and the County
of Roanoke requires the County to adopt such ordinances and
regulations as necessary to conform to those adopted by the City
of Roanoke as they pertain to Sewer Use Standards; and
WHEREAS, by Ordinance # 62486-146, § 1, adopted on June 24,
1986, Chapter 16 of the Roanoke County Code of 1971 was amended
to add an Article III relative to sewer use standards and by
Ordinance # 91289-14, adopted on September 12, 1989, said Article
was further amended; and
WHEREAS, recent regulatory requirements enacted by the State
Water Control Board and the U. S. Environmental Protection Agency
have necessitated changes by the City of Roanoke to its Sewer Use
Standards; and
WHEREAS, the operative requirements of the current Sewage
Treatment Agreement between Roanoke City and the County of
Roanoke requires amendment of the County's ordinances to bring
them into conformity with the current Roanoke City Sewer Use
Standards; and
WHEREAS, the first reading of this ordinance was held on
September 14, 1993, and the second reading of this ordinance was
held on September 28, 1993.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. 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:
Aameans the Federal Water Pollution Control Act, also known
as the Clean Water Act, 33 U.S.C. 1251, et seq., as amended.
4 . 4 1. . ..
.. lppFÐìlmg .. l:lt{;,ÐR~' for pur-POGCS of tÞus Artlclc onl v ,shall mcan
thc County Administrûtor or hiG duly authoriEed rcprcscntati·.,.c
ûnd shall bc equival~nt to control authority.
BOD (biochemical OI)'gen demand) means the quantity of oxygen by
weight, expressed in mgf1, utilized in the biochemical oxidation
of organic matter under standard laboratory conditions for five
(5) days at a temperature of twenty (20) degrees centigrade.
Building sewer means the extension from the building drain to
the public sewer or other place of disposal (also called house
lateral and house connection).
l¥.gM:~I!:::::::ì!Mn§:::::::::BI:::::::::I:ñ!i!nE!æni:w::::::::š:iBg;:¡:eñ::::Iåli::::::::iliSiiAìilllmlliD
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September 28, 1993
!9MID2~!rffâ'~b~~%!!1'\¥~Pill!!fi!!",!,!!,m'\!!vered by user charges
computed by using the capital recover factor for the average life
of all capital items including capitalized 0 & M charges (unless
collected separately) on which expenditures have been made or
will have to be made for 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.
CWß I IDer 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 IDer means any person discharging Group A' wastewater
into a sanitary sewer.
COD' (chemical cxygen demand) means the measure, expressed in
mgf1, 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
...-
....'............''Coïiïfot'miiiiho[e means a manhole giving access to a building
sewer at some point before the building sewer discharge mixes
with other 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.
Coun~ means Roanoke County.
D~cha~e means any introduction of substances into the
sanitary sewer.
Garbage means animal and vegetable wastes and
the preparation, cooking and dispensing' of food,
handling, processing, storage and sale of food
produce.
Group A wastewater means wastewater discharged into the sanitary
sewers in which anyone of the parameters below are more than the
given loading:
residue from
and from the
products and
Parameter
Average
Monthly
Daily
Composite
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september 28, 1993
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Total suspended solids (TSS) 62.5 lbs.fday 75 lbs.fday
Biochemical oxygen demand (BOD)62.5 lbs.fday 75 lbs.fday
Total phosphorus (TP) 3.75 lbs.fday 4.5 lbs./day
Total Kjeldahl nitrogen (TKN) . 4.50 lbs./day 5.4 lbs./day
Group B wastewater means the discharge of permitted industrial
Incompëiïiblë..ïviistë....irièariS'..'..á....·waàtè'....·whfch is not susceptible to
adequate treatment by the wastewater treatment plant.
'1.lf¥__,_~lf.
Classification Manual, 1987, Office of Management and Budget, as
amended and supplemented, under divisions A, B, D, E and I,
including governmental facilities that discharge wastewater to
the sanitary sewer or plant.
Industrial waste means waste resul ting 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.
/11fiùradon 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.
/1~ow means water discharged into a sewer system, including
service connections, from such sources as, but not limited to,
roof leaders, 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 à 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
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september 28, 1993
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organization,
other legal
the
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September 28, 1993
(b)
(c)
(3)
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September 28, 1993
Association and the w~ter rollution Control Federation 1!lml
§ñMÆÊ'IF~n'!!i'g!!!~'gñ' 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
o~her liquids, and which are largely removable by a laboratory
filtration device.
To discharge includes to deposit, conduct, drain, emi t, 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 orgë:.nic
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
subst'ances.
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 r~ceiving 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
discharge normal wastewater into the County's sewage system.
This charge shall include a proportionate share of any capital
improvements to the system (capital costs).
User surcharge means the charge made, in excess of the user
charge, for all wastewater over and above the loading defined as
normal wastewater.
Waste means rejected, unutilized or superfluous substances,
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,
in liquid, gaseous or solid form, resulting from domestic,
agricultural or industrial activities.
UTasœwaœrmeans 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.
UTastewater facilities includes all facilities for collection,
pumping, treating and disposing of wastewater and industrial
wastes.
UTastewater 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.
UTastewater 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.
UTastecourse means a natural or man-made channel in which a
flow of water occurs, either continuously or intermittently.
Sec. 18-152. General Requirements.
(a) All discharges into public sewers shall conform to
r equ ir emen ts 0 f th i s art i,~,~.~..L,..,Þ..c:>~~.Y.,~~,......:t:,þ',~..,..,(~ª~:r:~:L.......~~,:t:,~,9~:r:J~~,!
1i¡1~¡i!~b1¡iijij¡\~'!~~!~1!~~n
ª#@þgMgi;i; are hereby incorporated by reference where applicablé
åña"\Jhåre such standards are more stringent than those set forth
in this article.
(b) No significant industrial user or other user as
determined by the appro9:ing ªõnljf:#i.OO authority shall discharge
industrial wastewaters into thèt"""s'aWH:ary sewer system without an
appropriate industrial waste discharge permit as provided in this
article.
(c) Unless exception is granted by the appro9Jing !#õnljf::õ:1J.
authority or by other provisions of this chapter, the"""puhffc
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 approving 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
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September 28, 1993
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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.
approving 9gñt5ìgJ.~ authority, the approving ªªfi.'@çª:~ authority
shall be 'aû€hÒfT'zèd to immediately halt any actÚãT'·'·"'ÒF 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
approving 9gn.ílq¥ authority unleDD the approving authority clcctD
to perforH\""'·o'\i6h'...."íJûmpling.
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 mgjl.
(4) FlaRliRable or exploDi ve liquid, Dolid or gûD in
greater than 1,500 mg/1 in the wastewater.
(6) strong acid or concentrated plating solutions,
whether neutralized or not.
(5)
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September 28, 1993
(7) Fats, wax, grease or oils, whether emulsified or
not, in excess of 100 mg/1 or containing
substances which may solidify or become viscous at
temperatures between thirty-two (32°) degrees and
one hundred fifty (150) degrees Fahrenheit (0° and
65° Centigrade).
(8) Obnoxious, toxic or poisonous solids, liquids,
f~se: ioii~¡9:1'~:!::::g!:"'FIPbn~n ~a~~~~~~~i~~ff(~~ie~i
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 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.
JJ..,?J.,..~!l,~,~:1:!\c:>,f.ly,..,~.f.l,c:l....þ.,~,~y II i um greater than 1. 0 mg /1.
m:¥1::):::::::::~ª¥~ª:gÞ.J.~UIW:ªªltJ~§M:
t:::::::l::::::::éffàtiért£::::::::~kmirt8é.fiEfãha;&h::::::::::::i]t1iæE:g::::::::lã¥::~::::Æíatt:::::::ißlèééi.fI:affiti
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::p3:)??miJÞês£ìEìdêS::Ø::fff
Sec. 18 -15:4:::':":::::::::::::::::::T:é:ðh:riið:~rî:::::::b:ã:~'ed loca 1 1 imi ts .
(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/l), determined on the basis of individual sampling in
accordance with "Standard Methods" are:
(1) Arsenic:
(2) Barium:
(3) Boron:
.25 mg/l
5.0 mg/l
1. 0 mg/l
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(4)
(5)
(6)
(7)
(8)
Cadmium:
Chromium, Total:
Chromium VI:
Copper:
Lead:
0.02 mg/l
2.0 mg/l
.011 mg/L.
1. 0 mg /1
o . 2 m'J / 1
::;;i3:
I
(9) Manganese: 1.0 mg/l
(10) Mercury: 0.005 mg/l
(11) Nickel: 2.0 mg/l
(12) Selenium: 0.02 mg/l
(13) Silver: 0.1 mg/l
(14) Zinc: 2.0 mg/l
(15) Cyanide: 1.0 mg/l
In addition, if it is determined that anyone 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.
(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 frèely under the flow conditions normally prevailing in
public sewers. Particles greater than one-half inch in any
dimension are prohibited.
(b) The ~ppro~ing 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
drainage.
(a)
storm water and other unpolluted
I
No person shall dischar'ge into public sanitary sewers:
(1) Unpolluted storm water, surface water,
groundwater, roof runoff or subsurface drainage.
(2) Other unpolluted drainage.
(b) The ~pproving ç§nÞ.PÞw. authority shall designate storm
sewers and other watercÒÙ:FS'åå""· 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 to establish a separate procedure for the enforcement
of the Sewer Use Standards (Article IV of Chapter 18 of the
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September 28, 1993
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, saall 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 lmproper 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:
( 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 ~ny 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
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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 imprope~ 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
anq 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 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
thè.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.
i (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
ille9al or improper activities or facilities contributing to the
disc~arge, infiltration or inflow into the public sanitary sewer
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system. If corrective measures to eliminate the actual or
potential illegal or improper discharge, infiltration or inflow
into the public sani tary 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 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
sani tary sewer system, the sewer user, property owner or other
responsible person shall be given six months to correct the I
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
sani tary sewer system aro 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.
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 correcti ve 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 I
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
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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 specif ied 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
reques~ing 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 wi thin 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 gróunds for the appeal.
(e) In all other respects the substantive and procedural
requirements for this appeal shall comply with the provisions of
§ 15.1-550, 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 rat~ 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. Disc~arge of radioactive wastes.
(a) No persbn shall discharge radioactive wastes or
isotopes into public sewers, without the permission of
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September 28, 1993
(b) ~~: ~~~~~.::.~~~ ~li¡llí. a:~~~:;fŸ reserves the right to
establish, in"'2'O'mp1Iance with applicable state and
federal regulations, regulations for discharge of
radioactive waste into public sewers.
Sec. 18-159 Discharge of substances capable of impairinq, 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
(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 chlorinc ÇÞ.J.~:9P:;ª@ and
sodi um suI fate. ...".'...'.',',',','.',.
(3) Excessive discoloration including, but not limited
1:.c:>......<:i.y~....,..~,ë:i,~~~,~..,....ë:i!lc:l......Y.~,g~~ë:i,l:>:I:~......~~,l1n ing sol uti ons .
( 4) l'I"!:!:::~:~!~:î:g~::~::::!M~~:~::~:~::~':!:~m:8:BI!:!~,!:m~reater than 5 to
1.
Industries having wastewater of this nature shall provide
pretreatment as required by the ûppro~ing ªªIÞ~ª% authority.
(c) 'No person shall discharge info......"·,·'··'pÙblic 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.
(d) No person shall discharge incompatible waste into
public sewers which:
(1) Is not amenable to treatment or reduction by the
wastewater treatment processes and facilities
employed; or
(2) Is amenable to treatment only to such a degree
that the treatment plant effluent cannot meet the
requirements of other agencies having jurisdiction
over discharges to the receiving waters.
Subsection (b) (3) of this section illustrates the
types of substances intended to be regulated by
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this subsection.
(e) The approving ªªfiþ'#§:1( authority shall regulate the f~~~
and concentratTon""""""'ô'i slugs. whcn thcy 1ftilY I ~~'l
~
(2) Cause damage to collection facilities;
(3) Incur treatment costs exceeding those for normal
wastewater; or
( 4) Render the waste unfit for stream disposal or
industrial use.
Industrial operations which, on occasion, release sludges of
waterborne wastes into the sewers, or which, on occasion, release
any significant quantities of materials which adversely influence
the effectiveness of treatment in the wastewater treatment plant
shall notify the plant in advance of' their release, and shall
control, at the discretion of the ilpproving !;§Ö$.ç§W authority,
the rate of release of these wastes. PermissiÓR"""íÒf"""'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.
(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.
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(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,
convcßtioßal 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 appro'":ißfJ çºI~lg* authori ty
shall require: ,',",','..,',',',',',','......,',','.'............,
(1) Pretreatment to an acceptable condition before
discharge into the public sewers;
(2) Control over the quanti ties and rates of
discharge; and
(3) Payment to cover the cost of handling and treating
the wastes, in addition to capital costs.
(b) The approving çªfi:l~ª:I: authority shall reject wastes
when he determines thatå"""""'dTåcharge 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 appro~ing ¢ºnl~Þi authority shall have the right to
determine whether a discnarge=or proposed discharge is included
under subsection (a) of this section.
Sec. 18-161. Design, installation and maintenance of
pretreatment and control facilities.
(a) If pretreatment or control is required, the appravißfJ
§~#ilgª:~ authority may, at his sole discretion, require, review
åhd'.........······aþproy.~"."."~,h,~.",,.,.~~,~,~9,~,.,.....,~~~......,.~,~.~~.~,~.~~,~.~~~.,...,..,~.;..."..,'~g,~.~P~~~i...w/.~.~.~
applicable statutes, codes, ordinances and other laws, including
Federal Categorical Pretreatment standards.
(b) Any person responsible for discharges requ1r1ng
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;
(3) Sand;
(4) Flammable wastes; and
(5) Other harmful substances.
(b) Any person responsible for discharges requ1r1ng a trap
shall, at his own expense and as required by the appre":ing
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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
condition.
Measurement, samplinq, etc., and report of
trap
in
effective
operating
Sec. 18-163.
discharqes.
(a) The owner of each facility discharging other than
normal wastewater or discharging ClaGs glSp! A wastewater shall
submit monthly, or at such other frequeridy""àii; may be required by
the approving çªfi$.~ª$ authority, to the County, on forms supplied
by the County;"'·"·"å·""""'¿êi-tified 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..1:.Þ.:E:!.,.p..farson so discharging shall
be established by the approving ¢ÄfiJ.rq¡ authority and shall, as a
minimum, inc I ude : """""""."""""""""""""""""""
(1) Liquid in gallons.
(2) Five-day BOD in pounds.
(3) Suspended solids in pounds, on a dry solids basis.
(4) Total phosphorus in pounds.
(5) Total Kjeldahl nitrogen in pounds.
(6) COD in pounds.
(b) Unless otherwise provided, each measurement, test,
sampling, or analysis required to be made hereunder shall be made
in accordance with 40 C.F.R. Part 136, as amended.
(c) In order to provide for accurate sampling and
measurement of industrial wastes, each person discharging ClaGG
~ii~~
sampling chamber to be located outside or near its plant boundary
line, where feasible. If inside the plant fence, there shall be
a gate near the sampling chamber with a key furnished to the
County. There shall be ample room provided in each sampling
cham~er to enable convenient inspection and sampling by the
accurate weir or similar device, with a recording and totalizing
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september 28, 1993
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register for measurement of the liquid quantity; or the metered
water supply to the 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 wastesshaL1 provide an automatic sampler paced
automatically by the fÍow-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, I
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 sJch as to provide safe access for
authorized pers~nnel 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.
(h) All owners of facilities governed by this section shall
also comply with any applicable Monit0:t:"Af.lg....,..~equirements and
Regulations established by the ~pproving gªn~#:ª%. 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:§:::::I:ª-Ilñft.gg
including , without limitation, the signatory, certif iÒii€IÒ'ri"""""'årid
record keeping requirements of 40 C.F.R. 403.12 (c),(d), (i), and
(l)ò 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 approving ªªnt~ªÃ authority.
(j) Sampling for dischaigë~0rìmlt 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
ei ther the sampling chamber or end of process to determine the I
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 approvinq §§ßlgg~
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September 28. 1993
645,
authority to discharge industrial waste into the public sanitary
sewer sys¡tem unless an appropriate Industrial Discharge Permit'
has been issued by the ~pprovißq ªgl~lªm authority. In order to
obtain an Industrial Discharge PeriiiIE·;....·""'such person shall:
(1) Submit a complete application at least ninety (90)
days prior to the date proposed for initial
~,~~.c:::,þ',~:r.:ge on forms supplied by the ~pP'.~.~.~:.!..~.~
spöMpeN, authority. The approving çÞnl#.11.
ãÜt1ióFìty will act upon the application ···'·withiii
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 ~pprovißq
çªnþ~g$. authority.
(4)C'ômply"'" 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 dischal.'ge 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.
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waste shall pay a
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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 ap¡3roving
º9.n@'#9.i authority shall require that the discharger pay a charge
t"c)"'"""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 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 allover the base amount for
volume, biochemical oxygen demand (BOD), suspended
solids (SS), phosphorus (P) and total Kjeldahl
nitrogen (TKN). In computing the contaminant
loading, the parameter concentrations for normal
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September 28, 1993
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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 nppreving control authority. However, each
establishment must verify its own contaminant loading monthly by
initiating a sampling and analytical P~.~,9.~~.~.... at its own expense
and with the approval of the appre7ing ðð.At£ð.W authority.
(b) The units costs to be used €õ=ëõmpute 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
~pprovin~ ºø.iliø.1. authority. The user charge for users shall be
computed asf':':':iBtT8ws:
Class I Users:
c = V x Vd
u u
Class II Users:
C = V x Vd + V V + B B + S S + P P + N N
s u s c s c s c s c s c
And:
Cu Charge for Class I users I
C = Charge for Class II users
VS = Unit cost of treatment chargeable to normal wastewater
(~/1, 000 gal.)
Vd = Volume of wa3tewater from normal wastewater (1,000 gals.)
V = Volume of Class II wastewater (1,000 gals.) in excess of
c~ass I wastewater
V = Cost of treating 1,000 gals. of Class II wastewater ($/1,000
gãl. )
B = Class II wastewater BOD contribution in excess of Class I
w~stewater limit (lbs.)
B = Cost of treating Class II BOD contribution ($/lb.)
SC = Class II wastewater SS contribution in excess of Class I
~~s~e~8~eroti~~~aflR~·tlass II SS contribution ($/lb~)
pc = Class II wastewater phosphorus contribution in excess of
c~ass I wastewater limit (lbs.)
N = Class II wastewater unoxidized nitrogen contribution in
e~cess of Class I wastewater limit (lbs.)
N = Cost of treating Class II nitrogen contribution ($/lb.)
sic. 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. I
(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
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treatment costs based on the previous year's experience.
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,..,~,C?....,~:r3:force article.
(a) The ~pproving ÞøiMtiaJi authority and other duly
authorized employees of the"cBhhty 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 ~pproving
ºQp;1;#iQ!fIj'j:::!:authori ty pursuant to these regulations excluding any
Ihi6rmå€lon 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 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 Cou~ty that the
effluent from the wastewater treatment plant is no
longer a quali ty 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
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656
september 28, 1993
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 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 ...~:t'?:9,~9~d
;~po~e a:å~~~:~el~"1¥1~~
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
facili ties designed to remove the obj ectionable
characteristics from this wastes.
Sec. 18-173. Notice of violations
Th~ 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 approving çp.ñ~¡ª$. authority shall have the authority to
publish annually in "t:h'Éi"'R:õ¡:inoke Times and World News Newspaper or
a newspaper of general circulation in the Roanoke area a list of
persons which were not in compliance wi th 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 ($1,000) per
violation per day and conf inement in j ail for not more than
twelve months, either or both. In the event of a violation, the
approving êi.ñ$iøæ authority shall also have the right to
terminate th'Èr':':'åetiê'r 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
author i ty 0 f s ta ~~,....,~.1::,~:t:.~,~,S!I......9.;:.....,~1::.h.~~......9.;:.~,~,J:1,~,11:c::.~,~......~~....,..1::Þ:~......,q.~':1.J:1.1::¥.
~
in fraudulent reporting
authority or failed to
required changes in
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September 28, 1993
6,57
,(c) An
erson who knowin 1 makes an
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 ~pproving SPA#lqID. authority shall be authorized to
implement such other prÔgi'am....··""and enforcement mechanisms as are
consistent with regulatory guidelines and are deemed appropriate.
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.
.............,....~~fluent data complied as part of the approving ~uthoritY'G
§§filp§* pretreatment program shall be available to the pUblic.
...."'·....·····'·'·'·""""'·'···'2'··:··' That this ordinance shall be in full force and effect
from and after its pas£age.
On motion of Supervisor Johnson to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Nickens, Minnix
NAYS:
Supervisor Eddy
h
ordinance Authorizinq Acquisition of a Water and Sewer
Easement from Dairvmen, Inc. (Clifford Craiq, utility
Director)
0-92893-10
There was no discussion. Supervisor Johnson moved to adopt
the ordinance.
The motion carried by the following recorded
vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
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september 28, 1993
ORDINANCE 92893-10 FOR AUTHORIZATION TO ACQUIRE A
SANITARY SEWER AND WATER LINE EASEMENT FROK
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 wi th 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.
.....
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September 28, 1993
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
.L. Ordinance Authorizinq Conveyance of an Easement to
AODalachian Power Comoany for Electric Service
Across Vinyard Park. (Vickie Huffman, Assistant
County Attorney)
0-92893-11
There was no discussion. Supervisor Nickens moved to adopt
the ordinance.
The motion carried by the following recorded
vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
ORDINANCE 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,
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september 28, 1993
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.
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September 28, 1993
66:'1
On motion of Supervisor Nickens to adopt the ordinance, and
-carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
IN RE:
APPOINTMENTS
~
Industrial Develooment Authority
Supervisor Nickens nominated Darnall Vinyard to serve
another four-year term.
This term will expire September 26,
1997.
h Reqiona1 Cable TV Committee
I
It was the consensus of the Board that Committee members
Supervisor Nickens, Anne Marie Green and Angela McPeak will make
a recommendation to fill the unexpi~ed term of Thomas E. Finton,
citizen representative.
IN RE:
CONSENT AGENDA
R-92893-12
Supervisor Kohinke moved to adopt the Consent Resolution.
The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
I
RESOLUTION 92893-12 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
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September 28, 1993
þ
County, Virginia, as follows:
1. That the certain section of the agenda of the Board of
Supervisors for September 28, 1993, designated as Item K-
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 2, inclusive, as follows:
1. Confirmation of Committee Appointments to the Grievance
Panel, the Industrial Development Authority and
Virginia Western Community College Board.
2. Authorization to Pay Certain Legal Fees for Firetruck
Litigation with Grumman Aircraft Company.
2. That the Clerk to the Board is hereby authorized and
directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to II
this resolution.
On motion of Supervisor Kohinke to adopt the Consent
Resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Suoervisor Kohinke: (1) He thanked Mr. Hodge for sending a
letter to the Virginia Department of Transportation, and asked
Mr. Hodge to check with VDOT on Dutch Oven Road.
SUDervisor EddY:
(1) He asked Mr. Hodge about the smoking
I
policy for the new Roanoke County Administration Center. Mr.
Mahoney will review the ordinance and previously approved
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663
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regulations regarding smoking in County buildings. (2) He asked
if staff had received any further information from Delegate
Cranwell regarding the September 21 meeting with Delegate
Cranwell and the Valley government officials. Mr. Hodge advised
that he is setting up the next meeting date, and that the Board
needs to appoint an elected official and appointed official to
represent the County. It was Board consensus to appoint Board
Chairman Minnix and Mr. Hodge. (3) He advised that he and
Supervisor Nickens were on WFIR to discuss the school board
selection referenda and he will be speaking to the Roanoke County
council of PTA's along with Supervisor Nickens and Supervisor
Kohinke. (4) He met with Senator Goodlatte on September 24 to
view the Blue Ridge Parkway viewsheds. Senator Goodlatte advised
that there \tf'Ould probably be no federal money available. (5) He
advised that contrary to the Roanoke Times & World-News article
on consolidation, his discussion with Windsor Hills residents
shows no support for consolidation.
SUDervisor Nickens: (1) He thanked Don Myers for his memo
on regional decal enforcement. He suggested that Salem, Vinton
and Botetourt County be involved in future meetings with Roanoke
City. He asked staff for a report on the additional employee to
work on decal enforcement. (2) He thanked Mr. Hodge for the
letter to Gary Everhardt, Blue Ridge Parkway Superintendent,
regarding delay on the access road to Explore. He asked Mr.
Hodge to move forward if there is no response to the letter.
SUÐervisor Johnson: ( 1) He expressed concern about the
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September 28, 1993
reduction of VDOT revenue sharing funds which eliminated three
roads in the north County area. Mr. Hodge will work with Arnold
Covey and VDOT to resolve the problem.
Supervisor Minnix: He advised that he and Mr. Hodge will
work with Senator Cranwell on the local government meetings.
IN RE:
REPORTS
Supervisor Nickens moved to receive and file the following
reports after discussion of Item 7. The motion carried by a
unanimous voice vote.
~ General Fund Unaoorooriated Balance
h CaDital Fund UnaDoroDriated Balance
h Board continqency Fund
.L. Accounts Paid - Auqust 1993
h ReDort on 1991 Water proiect
~ Reoort on Roanoke Valley Resource Authority Solid
Waste Facilities.
~ ReDort on Bond proiects
~ Reoort of Fire and Rescue Reaction/ResDonse Times
for Auqust 1993.
~ statement of Revenues and Exoenditures as of
Auqust 31, 1993.
IN RE:
EXECUTIVE SESSION
At 5:00 p.m., Supervisor Minnix moved to go into Executive
Session pursuant to the Code of Virginia section 2.1-344 A (3)
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September 28, 1993
6:65
Discussion on acquisition of real estate for public purposes,
i. e. Dixie Caverns removal action; (3) Discussion wi th legal
counsel regarding litigation with City of Roanoke, Le. water
bill adjustment and (1) Personnel Matter, evaluation of the
County Administrator; (1) another personnel matter.
The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS:
None
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-92893-13
I
At 7:09 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 Johnson, KOhinke, Eddy, Minnix
NAYS:
None
ABSENT:
Supervisor Nickens (Left at 6:00 p.m.)
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
I
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
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september 28, 1993
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 certif ication 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
IN RE:
PROCLAMATIONS, RESOLUTIONS AND RECOGNITIONS
Resolution of Conqratulations to the North Roanoke
American Girls Softball Team for Winninq the state
Chamoionshio.
~
R-92893-14
Chairman Minnix presented the resolution , individual
certif icates and County pins to the team members and coaches
present. The team gave the Board members T-shirts.
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September 28, 1993
Supervisor Johnson moved to adopt the resolution.
motion carried by the following recorded vote:
The
AYES:
Supervisors Johnson, Kohinke, Eddy, Minnix
NAYS:
None
ABSENT:
Supervisor Nickens
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
I
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
I
FURTHER, BE IT RESOLVED that the Board of Supervisors
commends the North Roanoke American Girls Softball Team for
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668
September 28, 1993
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
IN RE:
~
PUBLIC HEARINGS
PUblic Hearinq and AdoDtion of a Resolution Authorizinq
the Issu'ance of General Obliqation School Bonds to be
Sold to the Virqinia Public School Authority. (Diane
Hyatt, Director of Finance)
R-92893-15
Ms. Hyatt advised that the County has applied to the
Virginia Public School Authority (VPSA) for the issuance of up to
$2,310,00 in General Obligation Bonds as part of the 1993 fall
bond sale. Part of the application process is the requirement
for a public hearing and adoption of a resolution authorizing the
issuance of the bonds.
There were no citizens present to speak. Supervisor Johnson
moved to adopt the resolution. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Minnix
NAYS: None
ABSENT: Supervisor Nickens
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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 off icer or off icers 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
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september 28, 1993
þ
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 I
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: Paving Aqent and Reqistrar.
provisions shall apply to the Bonds:
The following
(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 I
Payment Date, Principal Payment Date or date fixed for prepayment
or redemption;
(b) All overdue payments of principal or interest
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september 28, 1993
671
shall bear interest at the applicable interest rate or rates on
the Bonds; and
(c) , Richmond, Virginia, is designated
as Bond Registrar and Paying Agent for the Bonds.
7. Prepavment or Redemption. The Principal installments of
the Bonds coming due on or before December 15, 2003, and the
definitive Bonds for which the Bonds held by the VPSA may be
exchanged that mature on or before December 15, 2003, are not
subject to prepayment or redemption prior to their stated
maturities. The Principal Installments of the Bonds coming due
after December 15, 2003, and the definitive Bonds for 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:
I
Dates
Prices
December 15, 2003 to December 14, 2004, inclusive.....
December 15, 2004 to December 14, 2005, inclusive.....
December 15, 2005 to December 14, 2006, inclusive.....
December 15, 2006 and thereafter......................
103%
102
101
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.
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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. Pledqe 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 subj ect to local taxation
sufficient in amount to provide for the payment of the principal
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September 28, 1993
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of, the premium, if any, and the interest on the Bonds as such
principal, premium, if any, and interest shall become due, which
tax shall be without limitation as to rate or amount and in
addition to all other taxes authorized to be levied in the County
to the extent other funds of the County are not lawfully
available and appropriated for such purpose.
10. Use of Proceeds certificate: Non-Arbitraqe 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 Reve'nue 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 I
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-Arbitraqe Proqram: Proceeds Aqreement. 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. Filinq of Resolution. The appropriate officers or
agents of the County are hereby authorized and directed to cause
a certified copy of this Resolution to be filed with the Circuit
Court of the County.
13. Further Actions. The County Administrator, the
Chairman of the Board, and such other officers, employees and I
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
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673
action previously taken is hereby ratified and confirmed.
14. Effective Date.
immediately.
This Resolution shall take effect
The undersigned Clerk of the Board of Supervisors of the
County of Roanoke, Virginia, hereby certifies that the foregoing
consti tutes 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.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Minnix
NAYS:
None
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ABSENT:
Supervisor Nickens
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
The following public hearing was continued to the October
26,1993 meeting:
Ordinance to rezone 0.85 acres from R-1 to C-2 and obtain a
SDecia1 Use Permit to ODerate a Used Automobile Dea1ershiD,
Located at the South Side of Peters Creek Road West of the
North Park Office Com~lex, Hollins Maqisterial District,
Uoon the Petition of William L. Hite.
h Ordinance Authorizinq a SDecia1 Use Permit to Exoand
Northside Hiqh School, located at 6758 Northside Hiqh
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School Road, Catawba Maqisterial District, Uoon the
Petition of the School Board of Roanoke County. (Terry
Harrinqton, Director of Planninq and Zoninq)
0-92893-16
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Mr. Harrington reported that the request to expand Northside
High School is consistent with the Development land use
designation in the County Comprehensive Plan.
The Planning
commission recommended approval.
There were no citizens to
speak.
Supervisor Eddy moved to adopt the ordinance.
The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Minnix
NAYS:
None
ABSENT:
Supervisor Nickens
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
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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 Hoard of Supervisors of II
Roanoke County, Virginia, as follows:
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september 28, 1993
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1. That the Board finds that the granting of a s~ecial use
'permit to allow the expansion of an existing school building
located at 6758 Northside High School Road in the Catawba
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.
2. That the Board hereby grants a Special Use Permit to
the School Board of Roanoke County, Virginia, to allow the
an existing school building located at 6758
School Road in the Catawba Magisterial District.
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
h Ordinance Authorizinq a Soecial Use Permit to Erect a
152 foot Self-suDoortinq Broadcastinq Tower, located on
Honeysuckle Road, 1.75 Miles from Intersection of
Honeysuckle Road and Poor Mountain Road, Windsor Hills
Maqisterial District, UDon the Petition of ADoalachian
Power Comoany. (Terry Harrinqton, Director of Planning
and Zoninq)
expansion of
Northside High
3. That
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September 28, 1993
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0-92893-17
Mr. Harrington reported that there was one citizen at the
Planning Commission hearing who was concerned about the
commercial traffic because of poor road conditions. Mr.
Harrington requested that the ordinance be amended to become
effective on September 29, 1993.
There were no citizens present to speak.
Supervisor Eddy
moved to adopt the ordinance with the effective date changed to
"upon adoption of ordinance".
The motion carried by the
following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Eddy, Nickens (Arrived
7:20 p.m.), Minnix
NAYS:
None
ORDINANCE 92893-17 GRANTING A SPECIAL USE PERM~T
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 MAGISTERIAL DISTRICT
WHEREAS, Appalachian Power Company has filed a petition to
erect a self-supporting broadcasting tower on Honeysuckle Road
1.75 miles from the intersection of Honeysuckle Road and Poor
Mountain Road (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 Bo~rd of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on August 24, 1993;
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September 28, 1993
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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 Road (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.
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 Road (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
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september 28, 1993
678
NAYS:
None
h
Ordinance to Amend the Official Zoninq MaDS bY the
AdoDtion of Revised Flood Insurance Rate MaDs PreDared
bY the Federal Emerqency Manaqement Aqency to be
Effective October 15, 1993, and t~ Make Minor
Amendments to Section 30-74 ,
FloodDlain overlay
District, of the Zoninq Ordinance to Reflect the New
MaDS, Uoon the Petition of the Roanoke County Planninq
Commission.
(Terry Harrinqton, Director of planninq
and Zoning)
0-92893-18
I
Mr. Harrington advised that this ordinance adopts the new
Flood Insurance Study and Flood Insurance Rate Maps prepared by
FID~. Adoption is necessary to continue the County's eligibility
in the National Flood Insurance Program.
Without adoption,
citizens could not purchase flood insurance.
Supervisor Nickens moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens~ Minnix
NAYS:
None
ORDINANCE 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
I
WHEREAS, th~ 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
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September 28, 1993
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
Reqister 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 bI law.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
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 ~
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september 28, 1993
Department of Houain~ and UrBan DC7clopment, Federal
Inauranoe Adminiatration !1;ëmgll:I:¡::::::::::::::.ëmlngl~t::::::::::::::::::l!ni':.lmMP
liiiñwl, dated Ootobcr 17, 1978 9å!gm~:::::::¡::¡:m:m::~:::::::::::::::~:I:!:!. 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
I
Table 2 of the above referenced Flood Insurance study
and shown on the Flood Boundary and Flood\lay Uap If:ffiSgå
mn~BmlíÊ~lliÎ!pm]:I!; accompanying that study.
The Flood-Frinqe 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 Flood Boundary and Flooduay Uap
læ§ë!i:::¡:::mn~:§mlíÊ~:::::::I.l!P;¡::::I!; accompanying the study.
3. The Approximated Floodplain shall be that floodplain
2.
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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 Flood
BO\:1nàary and Floodyay !Iap fiægeë::¡:::::Imíi9¡gsi:::::::::::il_u;.
Where the specific 100-year flood elevation cannot be
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September 28, 1993
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
technical
accepted
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 Flood Boundary and FloomlaY Uap
E'œSSð
...................
:.:.:.:.:-:.:.:.:.:.:.;.:.:-;.:.:.:.~
mn<.~ËI::::::::::::ߪ¡$:I::::::liß which is declared to be part of this
chapter and which shall be kept on file in the office of the
Administrator.
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.
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September 28, 1993
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On motion of Supervisor N~ckens to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix
NAYS: None
IN RE: CITIZEN COMMENTS AND COMMUNICATIONS
~ Dawn Hale, 418 Chestnut Drive, vinton, Va. and Judith
Pyska to sDeak reqardinq leqislation for sDavinq and
neuterinq of cats and doqs and Det overoopulation.
Ms. Hale and Ms. Pyska requested that the Board of
Supervisors support state legislation that would require spaying
and neutering of dogs and cats. Ms. Hale advised that Delegate
Richard Cranwell is wiling to introduce legislation if the
governing bodies in the area support the request.
Staff was directed to include this request in the County's
Legislative Package that will be sent to the General Assembly.
IN RE:
WORK SESSION
~ Vehicle ReDlacement POlicy
Presenting the proposed policy were Jim Jones, Assistant
Director of Recreation; Bonnie Preas, Assistant Director of
Procurement; Brent Robertson, Management & Budget and Paul Grice,
Assistant Department of Finance.
Mr. Jones explained that the proposed policy had been
reviewed by the departments who managed the largest fleets, the
Gang of 40, the Internal Support and Operations Team, Management
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september 28, 1993
& Budget and Mr. Hodge. He described the criteria that would be
considered for replacement and a "decision tree" which would
determine whether the vehicle had reached the set mileage/age for
replacement. He advised that the group developing the policy
recommended that a new computer system to track maintenance
records be purchased and the position of Fleet Manager be
created. Ms. Preas responded to questions that were raised by
the staff during development of the policy. A schedule of the
seven year cost projections was presented that included $90,000
for a computer system and funding for the Fleet Manager position.
Following discussion on the need for the new position, the
proposed computer system and the inclusion of fire and rescue
vehicles, staff was directed to bring back to the Board a report
which would include . statistics, maintenance records and
information on computer software.
IN RE:
OTHER BUSINESS:
~ Structural Damaqe at Courthouse.
Mr. Hodge advised that staff has inspected ,the courthouse
and determined that there is structural damage that needs to be
repaired. There was Board consensus to hire a structural
engineer to review the damage at the courthouse using funds
collected from the $2.00 courthouse maintenance fee.
h Groundbreakinq at Forensic Lab on October 26, 1993.
Mr. Hodge reported that the Groundbreaking at the new
Forensic Lab on October 26 has been scheduled for 4:00 p.m. so
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September 28, 1993
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that Governor Wilder can attend.
There was Board consensus to
start the October 26, 1993 board meeting at 2:00 p.m., recess at
3: 00 p.m. to attend the Forensics Lab Groundbreaking at 4: 00
p.m., eat dinner, and return to the Administration Center for the
c
evening session.
IN RE:
ADJOURNMENT
At 9: 00 p.m., Supervisor Johnson moved to adjourn. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS:
None
H.
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