HomeMy WebLinkAbout6/25/1991 - Regular
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue S. w.
Roanoke, Virginia 24018
June 25, 1991
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 June, 1991.
IN RE:
CALL TO ORDER
Acting Chairman Robers called the meeting to order at 3:10
p.m. The roll call was taken.
MEMBERS PRESENT:
Supervisors Lee B. Eddy, Bob L. JOhnson,
Richard W. Robers
MEMBERS ABSENT:
Chairman Steven A. McGraw (arrived at 3: 55
p.m.), Vice Chairman Harry C. Nickens
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk
to the Board; John R. Hubbard, Assistant County
Administrator, John M. Chambliss, Assistant
County Administrator, Don M. Myers, Assistant
County Administrator, Anne Marie Green,
Information Officer
IN RE:
OPENING CEREMONIES
The invocation was given by Assistant County Administrator
John Chambliss.
The Pledge of Allegiance was recited by all
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June 25, 1991
present.
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
County Administrator Elmer Hodge added Item 4 under New
Business, Proposal for a Regional Resource Authority for Water,
Sewer and Landfill. Supervisor Eddy added Item 5, Approval of
Holiday for July 5, 1991, and 691-5. c under Public Hearings,
Resolution adopting the Solid Waste Plan.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
~ Recoqnition of County employees and proqrams:
~ Kenneth Hoqan, named Employee of the Year bY
the National Animal Control Officers
Association
Animal Control Supervisor Kenneth Hogan, was present and
recognized by Acting Chairman Robers.
~ Beverly Waldo, named Social Worker of the
Year by the Roanoke Valley Chapter of the
National Association of Social Workers
Youth Haven II Director Beverly Waldo, was present and
recognized by Acting Chairman Robers.
~ Receipt of six National Association of
Counties Achievement Awards
Present to be recognized for their awards by Acting Chairman
Robers were Treasurer Alfred Anderson, winning for automation of
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the Collection of taxes; Director of Parks and Recreation
Stephen Carpenter, winning for the Green Hill Park Equestrian
Center; Assistant Director of Human Resources Katherine Claytor,
winning for the Customer Service Training and Resource Committee;
Sheriff Michael Kavanaugh, winning for the Inmate Work Force
Program; Director of Real Estate Assessments John D. Willey,
winning for automation of Real Estate Assessments; and Diane
Hyatt, representing Risk Manager Robert Jernigan, winning for the
Implementation of the Risk Management Program.
IN RE:
NEW BUSINESS
~ Request from School Board to appropriate funds to
the 1991-92 Reqional Special Education Fund.
A-62591-1
There was no discussion of the request. Supervisor Johnson
moved to appropriate the funds. The motion carried by the
following recorded vote:
AYES: Supervisors Eddy, Johnson, Robers
NAYS: None
ABSENT: Supervisors Nickens, McGraw
~ Acceptance of $105,432 Grant and Appropriation to
the School Board for Dropout Prevention Proqram.
A-62591-2
Garland Kidd, Director of Vocational and Adult Education,
was present to answer questions. There was no discussion.
Supervisor Johnson moved to accept the grant and appropriate
the funds. The motion carried by the following recorded vote:
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June 25, 1991
AYES:
NAYS:
ABSENT:
Supervisors Eddy, Johnson, Robers
None
Supervisors Nickens, McGraw
~ Request for additional appropriation of state
funds to School Operatinq Fund for Remedial Summer
School.
A-62591-3
Garland Kidd, Director of Vocational and Adult Education,
was present to answer questions. There was no discussion.
Supervisor Johnson moved to appropriate the funds to the School
Operating Fund. The motion carried by the following recorded
vote:
AYES:
NAYS:
ABSENT:
Supervisors Eddy, Johnson, Robers
None
Supervisors Nickens, McGraw
~ Proposal for a Reqional Resource Authority for
Water, Sewer and Landfill
Supervisor Robers presented the proposal. He felt that
timing was important because the County was now going forward
with the Spring Hollow Reservoir Project. Supervisor Eddy asked
if this issue should be deferred until Dr. McComas at Virginia
Tech and Delegate Cranwell set up a meeting with Roanoke County
and Roanoke City to discuss noncontroversial issues. Supervisor
Robers suggested that the staffs of the two localities meet to
begin discussions.
Supervisor Robers moved that Roanoke County go forward in
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suggesting to Roanoke City that a Regional Resource Authority for
water, landfill and sewage be established. There was no vote.
Supervisor Johnson offered a substitute motion to table the
issue. The motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson,
NAY: None
ABSENT: Supervisors Nickens, McGraw.
~ Approval of hOliday for County employees on July
5, 1991
Supervisor Eddy moved to approve the holiday. The
motion was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson
NAYS:
None
ABSENT:
Supervisors Nickens, McGraw
IN RE:
PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES
- CONSENT AGENDA
Supervisor Eddy moved to approve First Reading and to
set the public hearings and Second Reading for July 23, 1991.
The motion was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson
NAYS:
None
ABSENT:
Supervisors Nickens, McGraw
~ An ordinance to rezone 1.709 acres from A-1 to R-
3 to construct townhouses, located in Emerald
Court Subdivision, Reservoir Road, Hollins
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Maqisterial District upon the petition of A. J.
Everett, Lynward Twine and Cline Conner.
~ An ordinance to amend proffered conditions on 3
acres zoned B-2 and obtain a Special Exception
Permit to operate a home for the elderly, located
on Fallowater Lane, Cave Sprinq Maqisterial
District upon the petition of The Wilkinson Group,
Inc.
~ An ordinance to amend the text of the Roanoke
County Zoninq Ordinance to include Section 21-25-
1 pertaininq to standards and provision for the
review of the proposed Explore Park.
H. FIRST READING OF ORDINANCES
~ Ordinance to authorize the purchase of the
Ponderosa Park Water System
utility Director Cliff Craig reported that the staff has
negotiated a purchase price of $35,000 for this water system, and
that funds are available from bonds sold for the purpose of
acquiring private water systems. In response to a question from
Supervisor Eddy, Mr. Craig advised that the system is in fairly
good condition and is 20 years old.
Supervisor Eddy moved to approve first reading of the
ordnance. The motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson
NAYS: None
ABSENT: Supervisors Nickens, McGraw
I. APPOINTMENTS
~ Transportation and Safety Commission
Supervisor Eddy nominated Horace McPherson to a four-year
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Jnl1e 25. 1991
term as a citizen representative.
IN RE:
CONSENT AGENDA
Supervisor Johnson moved to approve the Consent Agenda.
The motion was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson
NAYS:
None
ABSENT:
Supervisors Nickens, McGraw
RESOLUTION 62591-4 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. that the certain section of the agenda of the Board
of Supervisors for June 25, 1991, designated as Item J - Consent
Agenda be, and hereby is, approved and concurred in as to each
item separately set forth in said section designated Items 1
through 4 inclusive, as follows:
1. Approval of Minutes - May 14, 1991, May 28, 1991,
June 8, 1991.
2. Confirmation of Committee Appointment to the
Roanoke Valley Regional Solid Waste Management
Board, and Ratification of the advisory member
appointment to the Transportation Safety
Commission.
3. Resolution authorizing the Clean Valley Council to
apply for a grant on behalf of Roanoke County.
4. Donation of sanitary sewer easement in connection
with the Orchards Subdivision from F & W Community
Development Corporation
2. That the Clerk to the Board is hereby authorized
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June 25, 1991
and directed where required by law to set forth upon any of said
items the separate vote tabulation for any such item pursuant to
this resolution.
On motion of Supervisor Johnson, and carried by the
following recorded vote:
AYES:
Supervisors Eddy, Johnson, Robers
NAYS:
None
ABSENT:
Supervisors Nickens, McGraw
RESOLUTION 62591-4.b AUTHORIZING THE CLEAN VALLEY
COUNCIL TO APPLY FOR AN ANTI-LITTER PROGRAM GRANT FOR
ROANOKE COUNTY
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board hereby expresses its intent to
combine with the City of Roanoke, Town of Vinton, Botetourt
County, and City of Salem in a mutually agreed upon and
cooperative program, contingent on approval of the application by
the Department of Waste Management, Division of Litter Control
and Recycling, and contingent on receipt of such funds for the
fiscal year ending June 30, 1992; and
2. That the Board hereby authorizes Clean Valley
Council, Inc., to plan and budget for a cooperative anti-litter
program for the fiscal year ending June 30, 1992, which shall
represent said program for all localities named in this
resolution; and
3. That the Board further authorizes Clean Valley
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JUJle 25, 1991
Council, Inc., to apply on behalf of Roanoke County for a grant,
and to be responsible for the administration, implementation, and
completion of the program; and
4. That the Board further accepts responsibility
jointly with the Clean Valley Council, Inc., and the City of
Roanoke, Town of Vinton, Botetourt County, and City of Salem for
all phases of the program; and
5. That said funds when received will be transferred
immediately to Clean Valley Council, Inc.; all funds will be used
in the cooperative program to which the Board gives its
endorsement and support; and
6. That the financial records of Clean Valley
Council, Inc., shall be subject to inspection and review by the
County of Roanoke and such data shall be presented to allow
proper reporting on a timely basis by the County; and
7. That the Board requests the Department of Waste
Management, Division of Litter Control and Waste Recycling to
consider and approve the application and program, said program
being in accord with the regulations governing use and
expenditure of said funds.
On motion of Supervisor Johnson, and carried by the
following recorded vote:
AYES: Supervisors Eddy, Johnson, Robers
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Eddy: (1) asked about the Performance
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June 25, 1991
Evaluation forms for the County Administrator and County
Attorney. There was Board consensus that each Supervisor will
fill out a separate evaluation and review at the July 9 meeting.
(2) Asked about improving compliance with the ordinance
requiring building and house numbers. Mr. Hodge will refer this
to Police Chief Cease and Fire and Rescue Chief Fuqua to report
back on July 9, 1991. (3) Asked what could be done to assist a
developer who has lots that don't perk and therefore cannot be
developed. Mr. Hodge reviewed the action that had been taken to
help this particular developer. There was no decision to assist
the developer further. (4) Asked for a report from the staff on
ways to conserve water such as encouraging the use of low flow
toilets. (5) Expressed concern about the high cost of printing
the budget books. (6) Asked for a response from staff on
criteria for ranking the Capital Improvement Projects. Mr. Hodge
advised he will respond.
Supervisor Johnson: Expressed concern about information
regarding the Spring Hollow Reservoir that was included in
Supervisor Eddy's newsletter to residents in his district.
Supervisor Robers: Asked about progress on the
privatization report. Mr. Hodge will bring back the report at
one of the meetings in July.
Supervisor McGraw: Announced that the VACo Task Force met
on June 24, 1991 to discuss plans for the upcoming VACo/VML Task
Force meeting.
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IN RE:
REPORTS
Supervisor Johnson moved to receive and file the
following reports. The motion carried by a unanimous voice vote
with Supervisor Nickens absent.
1. General Fund Unappropriated Balance
2. Board Contingency Fund
3. Accounts Paid - May 1991
4. Statement of Expenditures and Revenues as of May
31, 1991.
5. Report on Interest Earned on Tax Anticipation Note
IN RE:
WORK SESSIONS
~ Solid Waste Plan
General Services Director Gardner Smith presented the
current recycling efforts in the County. The County is utilizing
both source separation and commingled curbside recycling. The
County is exploring the use of bringing the recycling trucks into
communities and leaving them for dropoff of recyclables. He
advised that the Comprehensive Solid Waste Plan will emphasize
commercial recycling to reach the 25% recycling goal. This will
require a minimum outlay of funds. Mr. Smith described the
activities of the Recycling Committee over the past several
months.
In response to a question from Supervisor McGraw, Mr. Smith
advised that 51% of the County households are now participating
in recycling. Supervisor Eddy asked if there would be potential
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personnel savings from purchasing additional automated refuse
truck. Mr. Smith responded that the staff who formerly manned
the refuse trucks now makes additional trips for bulk and
recycling. This additional service was added at no additional
cost.
~ Transmission Lines for Water System
utility Director Clifford Craig reported that one proposed
transmission line called the south loop is located in the
southern part of the County, and the other parallels Interstate
81 and connects with some existing transmission lines. Roanoke
County will automatically have interconnections with the City of
Roanoke and City of Salem. Mr. Hodge advised that in the future
the County may be able to sell water to both localities.
Mr. Craig asked the Board for guidance on routing of the
transmission lines. He explained that the transmission lines
would be constructed at the same time as the reservoir and should
be in service by January 1995. Mr. Mahoney advised he would
bring back a resolution to the Board to choose an option for the
transmission lines.
IN RE:
EXECUTIVE SESSION
At 5:29 p.m., Supervisor Johnson moved to go into Executive
Session pursuant to the Code of Virginia 2.1-344 (A) (7) to
discuss a legal matter concerning negotiations with an economic
development prospect. The motion was carried by the following
recorded vote:
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AYES:
Supervisors Eddy, Robers, Johnson, McGraw.
NAYS:
None
ABSENT:
Supervisor Nickens
EVENING SESSION
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-62591-5
At 7:03 p.m., Supervisor Johnson moved to adopt the
Certification Resolution. The motion carried by the following
recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
RESOLUTION 62591-5 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
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to the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies,
and
2. Only such public business matters as were
identified in the motion convening the executive meeting were
heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Johnson, and carried by the
following recorded vote:
AYES: Supervisors Eddy, McGraw, Johnson, Robers
NAYS: None
ABSENT: Supervisor Nickens
IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCES
691-1 Ordinance amendinq the Roanoke County Code by the
addition of Section 2-5 to establish a schedule of
fines and fees for overdue, damaqed or lost pUblic
library materials
This ordinance sets fines for overdue materials. The cities
of Salem and Roanoke have already adopted similar ordinances.
There was no discussion and no citizens spoke on this ordinance.
Supervisor Robers moved to approve first reading of the
ordinance. The motion carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, McGraw
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June 25, 1991
475
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N"AYS.
NUJl~
ABSENT: Supervisor Nickens
IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
691-2 Ordinance amendinq the Roanoke County Code by
amendinq and reenactinq Section 21-3, utility
Service Tax of Chapter 21, Taxation providinq for
an increase in rates and expansion of services
subiect to this tax.
-4.
0-62591-6
Mr. Hodge explained that the increase in utility service
tax rates will assist in financing the Spring Hollow Reservoir
Project. The increase will be an average of $32 per year for
those without public water with a maximum of $126.60 for those
with public water (Total water rate and utility tax increase for
10,000 gallons per month). Fire and Rescue Chief Tommy Fuqua
presented the need for a new water supply from a fire protection
standpoint. Economic Development Director Timothy Gubala
outlined the advantages of the water supply in the County's
economic development efforts. utility Director Clifford Craig
presented the proposed options for the transmission lines and
described the poor quality of water in some of the current well
systems serving the County.
Finance Director Diane Hyatt reviewed the costs of the
project. The $72 million project will be funded from increases
in the utility service tax rates and water rates. The first year
water rate increase will be 35%. The following four years the
water rate will increase by 10% per year, and there will be no
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June 25, 1991
further increases in the utility service tax rate.
County Attorney Paul Mahoney explained a transition
provision regarding the increased connection fees. This
provision will be added to the ordinance for those who are in the
process of building a home.
Bob Flynn, President of The Roanoke Valley Homebuilders,
spoke of the need for water in Roanoke County, but was concerned
that the homebuilders did not have adequate opportunity for input
on the proposed connection fee increases.
The following citizens spoke in opposition to the proposed
increase in the rates because of other increased expenses, the
decision of Roanoke City and Salem to withdraw from the project,
and the effect of the increases on the elderly on a fixed income:
1. Fuzzy Minnix, 3314 Kenwick Trail S. W.
2. Joel Ledwell, 6360 Greenway Drive
3. David Murray, 5733 Santa Anita Terrace, speaking on
behalf of the Boxley Hills Neighborhood Association.
4. Ruth Moseley, 3425 Greencliff Road, S. W.
5. Don Terp, 5140 Appletree Drive
6. John Morra, 3710 Tomley Drive, S. W.
7. Earl Abbott, 5416 Sweetfern Drive
Speaking in support of the project were:
1. Ray Scher, 2360 East Ruritan Road
2. Will Estes, 4920 Cave Spring Circle
Chairman McGraw read a memorandum from Supervisor Nickens
who was absent but requested the record to reflect his support
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,T11ne 25, 1991
support for the Spring Hollow Reservoir Project.
Supervisor Johnson asked the staff to investigate the
possibility of reducing the impact to senior citizens on a fixed
income.
Supervisor Eddy asked that the utility tax rate and water
rate increase be handled separately. He explained that he
supported the increase in the utility tax rate because the funds
could be used for a variety of purposes. He opposes the increase
in water rates because he felt the water project should be a
regional project with the Cities of Roanoke and Salem.
Supervisor Robers advised he would support the project, but
was in favor of continuing discussions with other local
governments to create a regional resource authority for water,
sewer and landfill.
Supervisor Johnson moved to adopt the ordinance, and asked
that the staff bring back to the Board options to freeze or limit
increases to senior citizens on fixed incomes. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
ORDINANCE 62591-6 AMENDING THE ROANOKE COUNTY CODE BY
AMENDING AND REENACTING SECTION 21-3, UTILITY SERVICE
TAX OF CHAPTER 21, TAXATION BY PROVIDING FOR AN
INCREASE IN RATES FOR SUCH SERVICES, FOR AN EXPANSION
OF THE SERVICES SUBJECT TO THIS TAX, AND FOR AN
EFFECTIVE DATE THEREOF
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WHEREAS, by Ordinance 85-179 adopted on October 8, 1985, the
Board of Supervisors of Roanoke County, Virginia, levied a
consumer utility service tax on purchases of certain utility
services within the County; and
WHEREAS, Article 4 of Chapter 38 of Title 58.1 of the 1950
Code of Virginia, as amended, authorizes the imposition of such a
tax; and
WHEREAS, Section 2.02 of the Roanoke County Charter
authorizes a consumer utility tax on certain public utility
services at a rate or rates not exceeding those authorized by
general law; and
WHEREAS, the first reading of this ordinance was held on
June 11, 1991; and the second reading and public hearing for this
ordinance was held on June 25, 1991, after publication and notice
as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Section 21-3, utility service tax of Chapter 2l,
Taxation of the Roanoke County Code be amended and reenacted as
follows:
Sec. 21-3. utility service tax.
(a) There is hereby imposed and levied by the county, upon
each and every purchaser of a utility service for the pcriod
commcRciRq JaRuary 1, 1906, a tax in the amount of oix pcrccRt
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June 25, 1QQ1
twelve (12) percent of the charge made by the seller against the
purchaser with respect to each utility service; which tax, in
every case, shall be collected by the seller from the purchaser
and shall be paid by the purchaser to the seller for the use of
the county at the time that the purchase price or such charge
shall become due and payable under the agreement between the
purchaser and the seller; provided, however, that the tax
hereinabove imposed shall not be deemed to apply to that part of
the charge in excess of fifteen (15) dollars per month made by
any seller of any utility service to any purchaser thereof who
uses such utility service in private homes or residential units;
provided, further, that any commercial or industrial user shall
pay the hereinabove set out 3ix percent twelve (12) percent on
the first five thousand (5,000) dollars of utility service. ~
a maximum tax of three hundred (300) dollaro per month per
utility.
* * * *
(g) The Gtate retûil Dûleo and use tax being impoaed at the
rate of four percent on purchaDero of bottled gaG, the tax
imposed in subsection (a) of this section is hereby imposed and
levied and shall apply to the purchase of bottled gas to be uGed
within the county for cooking, heating, gas refrigeration, and
lighting, ~ at the rate of oix percent twelve (12) percent of
the charge made by the seller against the purchaser with respect
to such commodity.
* * * *
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June 25, 1991
(j) The following words and phrases when used in this
section shall, for the purposes of this section, have the
following respective meanings, except where the context clearly
indicates a different meaning.
(iv) utility service. The phrase "utility service"
shall include local exchange telephone service of corporations
falling within the provisions of Article 4, Chapter 38, Title
58.1 of the 1950 Code of Virginia, as amended, water service and
electricity service and gas service of corporations falling
within the provisions of Article 4, Chapter 38, Title 58.1 of the
aforesaid Code of Virginia, furnished in the county.
2. That the sections, paragraphs, sentences, clauses, and
phrases of this Article are severable, and if any phrase, clause,
sentence, paragraph, or section of this Ordinance shall be
declared unconstitutional or invalid by the valid judgment or
decree of a court of competent jurisdiction, the remaining
phrases, clauses, sentences, paragraphs, and sections of this
Ordinance shall remain valid.
3. This ordinance shall be in full force and effect from
and after September 1, 1991.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, McGraw
NAYS: None
ABSENT: Supervisor Nickens
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June 25, 1991
481
691-3
Ordinance amendinq the Roanoke County Code by
amendinq and reenactinq Section 22-82, Rates
and Fees of Chapter 22, Water by ~rovidinq
procedures for an increase in water service
rates and connection fees.
0-62591-7
The following citizens spoke in opposition to the increased
water rates:
1. W. L. Rossie, 3023 Tamarack Trail, spoke on behalf of
the American Association of Retired People.
2. Virginia Mills, 3310-G Circle Brook Drive S. W.
3. Tom Blankenship, 4021 White Dove Lane, S. W.
4. Pat Lavery, 4769 North Fork Road
5. David S. Courey, 3419 Ashmeade Drive
6. Harold Martin, 27 Orlando Avenue, N. E.
7. Horace L. McPherson, 3561 Forester Road S.W.
8. James Grave, 2121 Cantle Drive S. W.
9. Roy Lochner, 6050 Poage Valley Drive
10. Bill Tanger, P. O. Box 1750, Roanoke, representing
Friends of the Roanoke River, suggested a Citizens
Advisory Committee should address the issues of
alternatives, costs and a regional solution.
Supervisor Eddy moved to defer a decision pending further
study based on comments presented by the citizens. The motion
was defeated by the following recorded vote:
AYES: Supervisor Eddy
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June 25, 1991
NAYS:
Supervisors Robers, Johnson, McGraw
ABSENT:
Supervisor Nickens
Supervisor McGraw moved to adopt the ordinance with the
transition provision for connection fees as explained by the
County Attorney included in the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Robers, Johnson, McGraw
NAYS:
Supervisor Eddy
ABSENT:
Supervisor Nickens
ORDINANCE 62591-7 AMENDING THE ROANOKE COUNTY CODE BY
AMENDING AND REENACTING SECTION 22-82, RATES AND FEES
OF CHAPTER 22, WATER BY PROVIDING FOR CERTAIN
PROCEDURES, FOR AN INCREASE IN WATER SERVICE RATES, FOR
AN INCREASE IN CONNECTION FEES, AND FOR CERTAIN
EFFECTIVE DATES
WHEREAS, by Ordinance 62486-147 the Board of Supervisors of
Roanoke County, Virginia, adopted and established water user
rates for Roanoke County utility customers; and
WHEREAS, Sections 15.1-292.2 and 15.1-875 of the 1950 Code
of Virginia, as amended, authorizes the establishment of rates
and charges for water service; and
WHEREAS, the first reading for this ordinance was held on
June 11, 1991; and the second reading and public hearing for this
ordinance was held on June 25, 1991, after publication and notice
as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County,
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.TnnA ~5, 1991
483
Virginia, as follows:
1. That Section 22-82, Rates and fees of Chapter 22, Water
of the Roanoke County Code is hereby amended as follows:
Sec. 22-82 Rates and fees.
(a) Wtter service rctes. The following rates and charges as
established by the board of supervisors for water service shall
apply where water service is provided by the county:
The volume charge per 1000 gallons will be based on water
used and will be Ç1.04 per 1000 gallonG for ~at~r and 0.78 per
1000 gallons for 3e~er. The volume charge is added to the base
charge to determine the total water .:md Ge\;er bill.
Base Charge WATER RATES - Effective Dates
1000 gallon
per month 7/1/91 7/1/92 7/1/93 7/1/94 7/1/95
o - 10 $ 9.46 $ 10.41 $ 11. 45 $ 12.60 $ 13.86
11 - 14 14.20 15.62 17.18 18.90 20.79
15 - 17 23.67 26.04 28.64 31. 50 34.65
18 - 28 39.27 43.20 47.52 52.27 57.50
29 - 39 54.89 60.38 66.42 73.06 80.37
40 - 54 75.71 83.28 91. 61 100.77 110.85
55 - 69 97.47 107.22 117.94 129.73 142.70
70 - 111 157.57 173.33 190.66 209.73 230.70
112 - 153 217.66 239.43 263.37 289.71 318.68
154 - 210 298.58 328.44 361.28 397.41 437.15
211 - 267 379.49 417.44 459.18 505.10 555.61
268 - 440 625.06 687.57 756.33 831.96 915.16
441 - 613 870.64 957.70 1,053.47 1,158.82 1,274.70
614 - 853 1,211.33 1,332.46 1,465.71 1,612.28 1,773.51
854 - 1093 1,552.01 1,707.21 1,877.93 2,065.72 2,272.29
1094 - 1400 1,987.34 2,186.07 2,404.68 2,645.15 2,909.67
1401 - 1707 2,422.66 2,664.93 2,931.42 3,224.56 3,547.02
1708 - 2087 2,962.08 3,258.29 3,584.12 3,942.53 4,336.78
~- 2467 3,501.50 3,851.65 4,236.82 4,660.50 5,126.55
:UJ88
_olume charge $1. 40 $1. 54 $1. 69 $1. 86 $2.05
V
,
,
..
484
June 25, 1991
(b)
Connection fees.
(1)
Genernt· The total water connection fee shall consist of
costs and considerations associated with (a) a basic
connection fee; (b) off-site facilities fee; (c) off-
site and oversized main credit policy.
* * * *
c. Off-sie and oversized main credt pdÜy. Credits will be allowed
against the off-site facilities fee for off-site
extension in excess of three hundred (300) feet
and/or line size in excess of minimum size required
by the county. For any off-site extensions, on a
public right-of-way or easement adjacent to owners'
(applicant) property, credit will be allowed against
the off-site facilities fee only for line size in
excess of the minimum diameter required by the
county. No credit will be allowed where a main size
greater than minimum size in diameter is required to
adequately serve the owner (applicant). Credits
will be limited to a maximum of one half one-fourth
the amount assessed for the off-site facilities fee
and are subiect to funds beinq available for credits
within the water off-site facilities fees fund.
Credits will be computed based on recent bids taken
for construction of similar water facilities.
Installation of a well and/or storage facilities in
excess of sixty thousand (60,000) gallons to provide
a water source, and pumpage required to supply the
storage facility where County facilities are not
available, are considered off-site facilities for
purposes of this paragraph.
* * * *
e. The total connection fee shall be paid as follows:
Twenty-five (25%) percent at time of plan approval,
seventy-five (75%) percent ût time of building
permit" (balance) prior to occupancy or water use by
the facility. When the off-site facilities fee is
increased, the applicant may pay the remaininq
seventY-five (75%) percent of the prior fee within
one (1) year after the effective date of the new
fee. Thereafter, the remaininq seventY-five (75%)
percent shall be calculated on the fee that exists
at the time the balance is paid.
* * * *
"
June 25, 1991
4 8 5~.
. f
-
(5) Fire Service. All separate fire service.$ shall be properly
metered and protected against backflow with a check
valve. The meter vault, meter and backflow device shall
be furnished and installed by the county. The total
connection fee for separate fire service connections will
be equal to the basic connection portion of the
connection fee plus t'ilenty (20~) percent the off-site
facilities fee as established for the size fire service
requested. The separate fire service fee is as follows:
SEPARATE FIRE SERVICE FEE
Fire Service Line Basic
Size (Inches) Connection
Off-Site
Facilities
Total
2
3
4
6
8
10
12
$ 2,600
3,800
4,500
7,600
10,500
12,500
15,000
$ 2,122
4,774
8,487
19,096
33,948
53,043
76,382
$ 4,722
8,574
12,987
26,696
44,448
65,543
91,382
The utility Director may reduce the cost of the basic connection
for fire service when the fire service meter is placed in the
same vault as the domestic service.
* * * *
(6) Sdredzk of Connedion fees. The Total Connection Fee is the sum of
the Basic Connection Fee (which is determined by meter
size) plus the Off-Site Facilities Fee (which is
determined by meter size. type of service. and effective
date). as indicated in Tables I. II. & III.
TABLE I
BASIC CONNECTION FEE
Meter Size
Inches
ERC
Basic
Connection
5/8 in.
3/4 in.
1 in.
1 1/2 in.
2 in.
3 in.
4 in.
6 in.
$
1. 00
1. 44
2.56
5.76
10.24
23.04
40.96
92.16
$ 500
525
700
1,800
2,600
3,800
4,500
7,600
,.
486
June 25, 1991
-
-
8 in.
10 in.
12 in.
163.84
256.00
368.64
.:f
10,500
12,500
15,000
The 5/8 inch meter is equal to service to one equivalent residential
connection or "ERC". Service and meters larger than 5/8 inch are sized as
their volume ratio to the 5/8 inch meter or ERC.
TABLE II
OFF-SITE FACILITIES FEE
Effective Dates
Types of Service 7/1/91 7/1/92 7/1/93 7/1/94 7/1/95
Single-family
(per dwelling unit) $2,210 $2,320 $2,440 $2,560 2,690
MUlti-family
(per dwelling unit) 2,210 2,320 2,440 2,560 2,690
Motel and Hotel
(per bed) 1,105 1,160 1,220 1,280 1,345
Hospital
(per bed) 2,210 2,320 2,440 2,560 2,690
Other residential institutions
(including nursing homes)
(per bed) 1,325
1,390
1,465
1,535
1,615
All other businesses, industrial and public buildings will be based
on meter size as follows:
TABLE III
Meter Size Effective Dates
Inches 7/1/91 7/1/92 7/1/93 7/1/94 7/1/95
5/8 in. $ 2,210 $ 2,320 $ 2,440 $ 2,560 $ 2,690
3/4 in. 3,182 3,341 3,514 3,686 3,874
1 in. 5,658 5,939 6,246 6,554 6,886
1 1/2 in. 12,730 13,363 14,054 17,746 15,494
2 in. 22,630 23,757 24,986 26,214 27,546
3 in. 50,918 53,453 56,218 58,982 61,978
4 in. 90,522 95,027 99,942 104,858 110,186
6 in. 203,674 213,811 224,870 235,930 247,910
8 in. 362,086 380,109 399,770 419,430 440,730
10 in. 565,760 593,920 624,640 655,360 688,640
12 in. 814,694 855,245 899,482 943,718 991,642
,.
JURe 25, 1~91
487
10 in.
12 in.
565,760
814,694
593,920
855,245
624,640
899,482
655,360
943,718
688,640
991,642
(7) A{~~~owOWr~s. The following 3ervices charqes for service to
customers, other than sale of water, shall be ch~rged as
prcocribed by the bo~rd of ouperviooro as follows:
a. Re-check reading of meter $10
(No charge if original reading was in error)
b. Investigation/verification of leakage in $20
customer's line
c. Meter accuracy test $25
(No charge if meter fails accuracy test)
d. Round trip for meter turn-off, turn-on for $25
non-payment
e. Reset meter if pulled due to non-payment $25
f. Special request to discontinue or turn-on $10
service for other than non-payment
g. Temporary construction meter $100
($50 charge plus $50 deposit)
2. That the sections, paragraphs, sentences, clauses, and
phrases of this Article are severable, and if any phrase, clause,
sentence, paragraph, or section of this Ordinance shall be declared
unconstitutional or invalid by the valid judgment or decree of a
court of competent jurisdiction, the remaining phrases, clauses,
sentences, paragraphs, and sections of this Ordinance shall remain
valid.
3. That the provisions of this ordinance and the rates
established hereby shall be effective from and after July 1, 1991.
TRANSITION PROVISIONS
~
488
June 25, 1991
If a concept plan or site plan is submitted to and accepted by
the County on or before 3:00 p.m., July 1, 1991, and final plan
approval occurs on or before June 30, 1992, then the person
submitting this plan shall pay at the time of issuance of building
permit or recordation of plat twenty-five (25%) percent of the
connection fee in effect on June 30, 1991. Seventy-five (75%)
percent (balance) of this connection fee may be paid on or before
June 30, 1992; after June 30, 1992, seventy-five (75%) percent of
the connection fee in effect at that time must be paid.
On motion of Supervisor McGraw to adopt ordinance with
transition provision included in ordinance, and carried by the
following recorded vote:
AYES: Supervisors Robers, Johnson, McGraw
NAYS: Supervisor Eddy
ABSENT: Supervisor Nickens
691-4
Ordinance vacatinq an existinq 12 foot public utility
and drainaqe easement located on Lot 4, Block 5,
Section 1, Hidden Valley Homes Subdivision, upon
petition of Ronald B. smith.
0-62591-8
There was no discussion and no citizen spoke on this issue.
Supervisor Eddy moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, McGraw
NAYS: None
..
J11ne 25, 1991.
~89
- -,- '-_._, - -,.-.
ABSENT:
Supervisor Nickens
ORDINANCE 62591-8 VACATING A TWELVE (12) FOOT PUBLIC
UTILITY AND DRAINAGE EASEMENT LOCATED ON LOT 4, BLOCK 5,
SECTION 1, HIDDEN VALLEY HOMES SUBDIVISION (PB 3, PAGE
305), WINDSOR HILLS MAGISTERIAL DISTRICT
WHEREAS, Ronald B. Smith has requested the Board of Superv-
isors of Roanoke County, Virginia to vacate a 12-foot public utility
and drainage easement located on Lot 4, Block 5, Section 1, Hidden
Valley Homes SUbdivision in the Windsor Hills Magisterial District
as shown in Plat Book 3, at page 305 of record in the Clerk's Office
of the Roanoke County Circuit Court; and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as
amended, requires that such action be accomplished by the adoption
of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section 15.1-431
of the 1950 Code of Virginia, as amended, and a first reading of
this ordinance was held on June 11, 1991; and the second reading of
this ordinance was held on June 25, 1991.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That a 12-foot public utility and drainage easement located
on Lot 4, Block 5, Section 1, Hidden Valley Homes Subdivision in the
Windsor Hills Magisterial District of record in Plat Book 3, at page
305, in the Office of the Clerk of the Circuit Court of Roanoke
County, Virginia, be, and hereby is, vacated pursuant to Section
15.1-482(b) of the 1950 Code of Virginia, as amended; and,
2. That this ordinance shall be in full force and effect
"
490
June 25, 1991
---
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.
3. That Ronald B. smith shall record a certified copy of this
ordinance with the Clerk of the Circuit Court and shall pay all fees
required to accomplish this transaction and in addition, shall be
responsible for all costs and expenses associated herewith.
4. That as a further condition to the adoption of this
ordinance, the Board of Supervisors of Roanoke County, Virginia,
shall be indemnified of and held harmless from and against all
claims for damages to any improvements or structures within the old
easement area by Ronald B. Smith, his heirs, successors, or assigns.
On motion of Supervisor Eddy to adopt ordinance, and carried by
the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, McGraw
NAYS: None
ABSENT: Supervisor Nickens
691-5 Public Hearinq to elicit pUblic comment on the
approval and application to the Reqional Solid Waste
Manaqement Board for recyclinq implementation qrant
funds, and adoption of the following ordinances.
0-62591-9
b Ordinance amendinq Chapter 20, "Solid Waste," of
the Roanoke County Code by the addition of a new
article III, "Recyclinq" by providinq for
certain recyclinq reports.
..
J:~ne 25. 1991
49 1
There was no discussion and no citizens spoke on this issue.
Supervisor Johnson moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
ORDINANCE 62591-9 AMENDING CHAPTER 20, "SOLID
WASTE," OF THE ROANOKE COUNTY CODE BY THE
ADDITION OF A NEW ARTICLE III, "RECYCLING," BY
PROVIDING FOR CERTAIN RECYCLING REPORTS
WHEREAS, House Bill 543 and Senate Bill 447 of the 1990 session
of the Virginia General Assembly allow counties to require solid
waste generators and companies that manage solid waste or recycle
materials to annually report solid waste information necessary to
facilitate compliance with state regulations, and
WHEREAS, non-residential entities dispose of more than 40% of
the waste going into the regional landfill; and
WHEREAS, in order to facilitate compliance with the state-
mandated recycling goals, localities must be able to obtain any and
all information pertaining to solid waste generation, management and
recycling; and
WHEREAS, the purpose of this ordinance is to further the Solid
Waste Management Activities of the County of Roanoke and
specifically the recycling of solid waste as provided for in Section
15.1-11.5:2 and Section 10.1-1411 of the 1950 Code of Virginia, as
amended; and
..
492
June 25, 1991
WHEREAS, the first reading on this ordinance was held June 11,
1991; and the second reading and public hearing was held June 25,
1991.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That Chapter 20, "Solid Waste," of the Roanoke County Code
be amended by the addition of a new Article III entitled "Recycling"
as follows:
Article III. Recycling
section 20-40. Recycling Reports.
1. Definitions.
Generators means any entity whose act or process produces solid
waste as defined herein.
Manaqe means to collect, store, treat, transport, and dispose
of solid waste as defined herein.
Reused means once having been a waste and being:
(1) employed as an ingredient (including use as an
intermediate) in a process to make a product, excepting
those materials possessing distinct components that are
recovered as separate end products; or
(2) employed in a particular function or application as an
effective substitute for a commercial product or natural
resource.
Recvclinq means the process of separating a given waste
material from the waste stream and processing it so that it is used
again as a raw material for a product, which mayor may not be
..
493
JURe 2á, 1991
similar to the original product.
Solid waste means any garbage, refuse, sludge and other
discarded material, including solid, liquid, semi-solid, or
contained gaseous material, resulting from industrial, commercial,
residential, mining, and agricultural operations, or community
activities, but does not include:
(1)
(2)
solid or dissolved material in domestic sewage,
solid or dissolved material in irrigation return flows or
in industrial discharges which re sources subject to a
permit from the State Water Control Board, or
(3) source, special nuclear, or by-product material as defined
by the Federal Atomic Energy Act of 1954, as amended.
Source reduction means any action that reduces or eliminates
the generation of waste at the source, usually within a process.
Source reduction measures include among others, process
modifications, feedstock substitutions, improvements in feedstock
purity, improvements in housekeeping and management practices,
increases in the efficiency of machinery, and recycling within a
process.
Principle recyclable materials means newspaper, ferrous scrap
metals, non-ferrous scrap metal, used motor oil, corrugated
cardboard, kraft paper, container glass, aluminum, high grade office
paper, tin cans, cloth, automobile bodies, plastic, clean wood,
brush, leaves, grass, and arboreal materials.
2. Report Requirement.
All non-residential solid waste generators and companies that
..
494
June 25, 1991
manage solid waste or recycle materials generated within Roanoke
County shall submit an annual report to Roanoke County. The County
will provide official reporting forms which can be obtained from the
Solid Waste Office or the office of the Commissioner of the Revenue.
The Report must be submitted to the Department of General Services _
Solid Waste Division by December 31 of the current reporting year.
3. Report Substance.
Each annual report required to be submitted hereunder shall
include the following information with respect to the reporting
party for the period covered by the report:
(1) the name and address of the reporting party;
(2) the total quantity of solid waste (a) generated, (b)
managed, and (c) recycled by the reporting party during
the reporting period; and
(3) the total quantity or volume of solid waste that has been
the subject of source reduction or reuse as defined
herein.
4. Report Basis.
Any report required under this section shall be based on actual
volume or weight. Where actual volume or weight cannot be
accurately determined, the volume or weight may be reported using
carefully estimated data. Any such report shall include a
description of the basis for the reported data.
5. Proprietary Protection.
Nothing hereunder shall be construed to require any party to
report information of a proprietary nature. Where any party fails
..
-~"-~-_._-_._,-
.rUDe 25, .1.9.91
495
--
-
- -""".- --
to report any information otherwise required hereunder based upon a
determination that such information is of a proprietary nature, the
party shall specify in its report the nature of the information
withheld and the basis for its determination that such information
is of a proprietary nature.
6. Local Generation.
The report shall include only those solid wastes generated
within Roanoke County, excluding the Town of Vinton, both in terms
of recycled material and material disposed of in the landfill.
7. Civil Penalties.
Any party not reporting the required information or otherwise
not complying with the provisions of this ordinance shall be subject
to a civil penalty not to exceed $100.00. This civil penalty shall
be payable to the General Fund of Roanoke County.
In addition, any party not in compliance with the provisions of
this ordinance may be denied access to or use of the solid waste
disposal facility serving Roanoke County.
8. Effective Date.
This ordinance shall be in full force and effect from and after
July 1, 1991.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
b. Ordinance amendinq Chapter 17 of the Roanoke
..
496
June 25, 1991
0-62591-10
County Code by the addition of a new Section 17-
21. Recycled Paper and Paper Products, providinq
for a ~reference for the purchase of recycled
paper or paper products.
There was no discussion and no citizens were present to speak
on this issue. Supervisor Johnson moved to adopt the ordinance. The
motion carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
ORDINANCE 62591-10 AMENDING THE ROANOKE COUNTY CODE BY
AMENDING CHAPTER 17, PROCUREMENT CODE BY THE ADDITION OF A
NEW SECTION 17-21, RECYCLED PAPER AND PAPER PRODUCTS
PROVIDING FOR A PREFERENCE FOR THE PURCHASE OF RECYCLED
PAPER OR PAPER PRODUCTS
WHEREAS, the purpose of this ordinance is the promotion of
governmental utilization of recycled paper and paper products; and
WHEREAS, Sections 11-47.2 and 15.1-11.5:01 of the 1950 Code of
Virginia, as amended, specifically authorizes this action; and
WHEREAS, the first reading of this ordinance was held on June
11, 1991; and the second reading and public hearing was held on June
25, 1991.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That Chapter 17, Procurement Code of the Roanoke County
Code be amended by the addition of a new section numbered 17-21 as
follows:
Section 17-21. Recycled paper and paper products.
..
J\uua 2 §, -1.:.9..9-1-_
49 7 l.~
__ M,__ _
a. Recycled paper and paper produds means any paper and paper product
meeting the EPA Recommended Content Standards as defined in 40
C.F.R. Part 250.
b. In determining the award of any contract for paper or paper
products to be purchased for use by any division, department, or
agency of the County of Roanoke, Virginia, the purchasing agent for
the County of Roanoke shall use competitive sealed bidding and shall
award the contract to the lowest responsible bidder offering
recycled paper or paper products of a quality suitable for the
purpose intended, so long as the bid price is not more than ten (10)
percent greater than the bid price of the lowest responsive and
responsible bidder offering a product that does not qualify as
recycled paper and paper products under this ordinance.
2. This ordinance shall be in full force and effect from and
after July 1, 1991.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
~ Approval of Resolution adoptinq and implementing
a comprehensive Solid Waste Manaqement Plan
R-62591-11
Supervisor Eddy moved to adopt the resolution. The motion
..
498
June 25, 1991
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
RESOLUTION 62591-11 ADOPTING AND IMPLEMENTING A COMPRE-
HENSIVE SOLID WASTE MANAGEMENT PLAN FOR ROANOKE COUNTY
WHEREAS, a public hearing on the adoption of a Comprehensive
Solid Waste Management Plan for Roanoke County was held on June 25,
1991; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia,
has initiated action through the Roanoke Valley Landfill Authority
to close the existing landfill by 1994; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia,
has initiated the process to develop and activate a new landfill
and, therefore, recognizes the need for alternative means of
disposal; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia,
has reviewed and adopted the Waste Management Hierarchy (Source
Reduction, Recycling, Resource Recovery, Incineration, and Landfil-
ling); and
WHEREAS, over the past two years the County of Roanoke,
Virginia has taken the lead in recycling with curbside collection,
source separation, and now automated commingle recycling collection
with the goal of a regional approach to Roanoke Valley solid waste
management.
..
499
_ JURe 35, 1991..
-----_._--------_.~----_..._--
NOW, THEREFORE, be it resolved by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That Roanoke County hereby adopts the attached comprehen-
sive solid waste management plan; and
2. That Roanoke County accepts and adopts the Commonwealth of
Virginia recycle diversion rates of 10% by 1991, 15% by 1993, and
25% by 1995;
3. That the effective date of this resolution is July 1,
1991.
On motion of Supervisor Eddy to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, McGraw
NAYS: None
ABSENT: Supervisor Nickens
691-6
An Ordinance to rezone approximately 3.39 acres from
R-1 and B-1 to R-l to brinq the zoninq into
conformity with the residential use, located at 5245,
5249, 5241, 5237 Falcon Ridqe Road, Cave Spring
Maqisterial District upon the petition of the Roanoke
County Planninq Commission.
0-62591-12
There was no discussion and no citizens spoke to this issue.
Supervisor Robers moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, McGraw
..
50 0
June 25, 1991
NAYS:
None
ABSENT:
Supervisor Nickens
ORDINANCE 62591-12 TO CHANGE THE ZONING
CLASSIFICATION OF A 3.39 ACRE TRACT OF REAL
ESTATE LOCATED AT 5245, 5249, 5241, AND 5237
FALCON RIDGE ROAD (TAX MAP NUMBERS 88.09-1-2;
88.09-1-3; 88.09-1-4; and 88.09-1-5) IN THE CAVE
SPRING MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF R-1 AND B-1 TO THE ZONING
CLASSIFICATION OF R-1 WITH CONDITIONS UPON THE
APPLICATION OF THE ROANOKE COUNTY PLANNING
COMMISSION
WHEREAS, the first reading of this ordinance was held on May
28, 1991, and the second reading and public hearing was held June
25, 1991; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on June 4, 1991; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the zoning classification of a certain tract of real
estate containing 3.39 acres, as described herein, and located at
5245, 5249, 5241, and 5237 Falcon Ridge Road, (Tax Map Numbers
88.09-1-2; 88.09-1-3; 88.09-1-4; and 88.09-1-5) in the Cave Spring
Magisterial District, is hereby changed from the zoning
classification of R-1 and B-1, Single Family Residential District
and Office District, to the zoning classification of R-1, Single
Family Residential District.
..
-
June 25, 1991
50 1
2. That this action is taken upon the application of the
Roanoke County Planning Commission.
3. That said real estate is more fully described as follows:
Lots 6, 7, 8, and 9, Block 3 of Hunting Hills,
Section 7, as shown on plat dated 4/23/73
prepared by Raymond C. Weeks, CLS.
4. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts
of ordinances in conflict with the provisions of this ordinance be,
and the same hereby are, repealed.
On motion of Supervisor Robers to adopt ordinance, and carried
by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, McGraw
NAYS: None
ABSENT: Supervisor Nickens
691-7 An ordinance to rezone 2.35 acres from B-3 to M-2 and
obtain a Special Exception Permit to operate an
automobile qraveyard, located at 4116 West Main
street, Catawba Maqisterial District, upon the
petition of H&H Associates/Import Auto Recyclinq
0-62591-13
Planning Director Terry Harrington reported that this request
would permit an automobile graveyard. The proposed use is
compatible with the Industrial Land Use Category in the 1985
Comprehensive Development Plan. The area is industrial and
commercial in nature.
Supervisor Eddy expressed concern about an
automobile graveyard being located on a main entrance to the County.
..
50 2
June 25, 1991
-
--
Supervisor McGraw moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
ORDINANCE 62591-13 TO CHANGE THE ZONING
CLASSIFICATION OF A 2.35 ACRE TRACT OF REAL
ESTATE LOCATED AT 4116 WEST MAIN STREET (TAX MAP
NOS. 55.03-3-31 AND 55.03-3-30) IN THE CATAWBA
MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF B-3 TO THE ZONING
CLASSIFICATION OF M-2 WITH CONDITIONS UPON THE
APPLICATION OF H & H ASSOCIATES/IMPORT AUTO
RECYCLING
WHEREAS, the first reading of this ordinance was held on May
28, 1991, and the second reading and public hearing was held June
25, 1991; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on June 4, 1991; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the zoning classification of a certain tract of real
estate containing 2.35 acre, as described herein, and located at
4661 West Main Street, (Tax Map Numbers 55.03-3-30 and 55.03-3-31)
in the catawba Magisterial District, is hereby changed from the
zoning classification of B-3, Special Commercial District, to the
zoning classification of M-2, General Industrial District.
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June 25, 1991
563
2. That this action is taken upon the application of H & H
Associates/Import Auto Recycling.
3. That the owner has voluntarily proffered in writing the
following conditions which the Board of Supervisors hereby accepts:
a)
The front of Parcel II (Tax Map No. 55.03-3-30)
between Route 11/460 and the stockade fence, will be
landscaped as follows: 8 to 10 evergreen shrubs, 18"
at the time of planting as shown on the concept plan
drawn by Draper Aden Associates and dated June 1991.
,
4. That said real estate is more fully described as follows:
Parcel I - Tax Map No. 55.03-3-31
BEGINNING at a point on the south side of Lee Highway
(U.S. Route 11), where same intersects the easterly corner
of that certain one acre tract of land conveyed by Emma
B.C. Fauber to Mattie Blackwell, by deed dated August 7,
1945; thence along and with the easterly line of the one
acre tract conveyed to Mattie Blackwell, S. 26 deg. 00' E.
381.29 feet to a point on the northerly line of the
Norfolk & Western Railway; thence along and with the
northerly line of the Norfolk and Western Railway, N. 72
deg. 32' E. 151.8 feet to a point, corner to the property
formerly owned by O.C. and Ocie E. Bowling; thence with
the Bowling line, N. 26 deg. 00; W. 403.81 feet to a point
on the southerly side of Lee Highway; thence along and
with the southerly side of said Lee Highway, S. 64 deg.
00' W. 150.12 feet to the place of BEGINNING.
Parcel II - Tax Map No. 55.03-3-30
BEGINNING at a point on the south side of U.S. Route 11,
at the west line of a 50-foot strip reserved for a
roadway; thence S. 15 deg. 21' E. 421.15 feet to a point
on the northline of the Norfolk & Western right-of-way;
thence with said right-of-way S. 72 deg. 32' W. 67.93
feet; thence N. 26 deg. W. 403.81 feet to the south line
of said Route 11; thence with the south line of said Route
11, N. 64 deg. E. 145 feet to the place of BEGINNING.
5. That a Special Exception is hereby granted to operate an
automobile graveyard on the property identified in paragraph 4 above
in accordance with Section 21-24-2 of the Roanoke County Zoning
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50 4
June 25, 1991
Ordinance and Chapter 6 of the Roanoke County Code.
6. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts
of ordinances in conflict with the provisions of this ordinance be,
and the same hereby are, repealed.
On motion of Supervisor McGraw to adopt ordinance, and carried
by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
IN RE:
SECOND READING OF ORDINANCES
~ Ordinance authorizinq conveyance of Riqhts-of-Way in
Hollins Community Development proiect to Botetourt
County for acceptance by VDOT.
0-62591-14
There was no discussion and no citizens present to speak.
Supervisor Johnson moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
ORDINANCE 62591-14 AUTHORIZING CONVEYANCE OF
RIGHTS-OF-WAY IN HOLLINS COMMUNITY DEVELOPMENT
PROJECT TO BOTETOURT COUNTY FOR ACCEPTANCE BY
THE VIRGINIA DEPARTMENT OF TRANSPORTATION
WHEREAS, certain parcels of real estate located in Botetourt
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50' 5
JU-H.,-.2.L 199 1
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County, Virginia, were deeded to the Board of Supervisors of Roanoke
County, Virginia, in order to permit the widening and improvement of
Reservoir Road (Route 648) as part of the "Hollins Community
Development Project", financed in part by Roanoke County, Virginia;
and
WHEREAS, for the portions of this road lying in Botetourt
County, Virginia, it is necessary that the rights-of-way for said
road be deeded to the Board of Supervisors of Botetourt County,
Virginia, as a condition for the Virginia Department of
Transportation (VDOT) accepting the improved Reservoir Road into the
Virginia Secondary road system.
THEREFORE, be it resolved by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the
Charter of the County of Roanoke, a first reading concerning the
conveyance of the hereinafter-described real estate was held on June
11, 1991; a second reading was held on June 25, 1991. The real
estate involved consists of twenty (20) parcels of land located in
Botetourt County, Virginia, and previously conveyed to the Board of
Supervisors of Roanoke County, Virginia, by various landowners for
the purpose of improving Reservoir Road.
2. That Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, and 29, as shown on a set of plans entitled
"Hollins Community Development Project" on file in the office of the
Roanoke County Department of Public Facilities are hereby authorized
and approved to be conveyed to the Board of Supervisors of Botetourt
,
.
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50 6
June 25, 1991
County, Virginia, for the purpose of acceptance of the improved
Reservoir Road into the state Secondary System of the Virginia
Department of Transportation.
3. That the County Administrator is authorized to execute
such documents and take such actions on behalf of Roanoke County as
are necessary to accomplish the conveyance of this property, all of
which shall be upon form approved by the County Attorney.
On motion of Supervisor Johnson to adopt ordinance, and carried
by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
~ Ordinance amendinq the Roanoke County Code by
amendinq Section 12-8, Adoption of State Law of
Article I of Chapter 12, Motor Vehicles and Traffic.
0-62591-15
There was no discussion and no one spoke on this ordinance.
Supervisor Eddy moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
ORDINANCE 62591-15 AMENDING THE ROANOKE COUNTY CODE BY
AMENDING SECTION 12-8, ADOPTION OF STATE LAW OF ARTICLE I
OF CHAPTER 12, MOTOR VEHICLES AND TRAFFIC OF THE ROANOKE
COUNTY CODE
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
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50 7
,Tn1'\e ~5,. 1991
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Virginia, as follows:
1. That Section 12-8, Adoption of state law, Article I, In
General, of Chapter 12, Motor Vehicles and Traffic, be amended and
readopted to read and provide as follows:
Sec. 12-8.
Adoption of state law.
Pursuant to the authority of Section 46.2-1313 of the Code of
Virginia, all of the provisions and requirements of the laws of the
state contained in Title 46.2 and in Article 2 (Section 18.2-226 et
seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, except
those provisions and requirements which, by their very nature, can
have no application to or within the County, are hereby adopted and
incorporated in this chapter by reference and made applicable within
the County. References to "highways of the state" contained in such
provisions and requirements hereby adopted shall be deemed to refer
to the streets, highways, and other public ways within the County.
Such provision and requirements, as amended from time to time, are
hereby adopted and made a part of this chapter as fully as though
set forth at length herein, and it shall be unlawful for any person
within the County to violate or fail, neglect or refuse to comply
with any such provision or requirement; provided, that in no event
shall the penalty imposed for the violation of any provision or
requirement hereby adopted exceed the penalty imposed for a similar
offense under the state law hereby adopted.
The phrase "all of the provisions and requirements of the laws
of the state" as used hereby shall be construed to include all
amendments to said laws made effective as of the date that this
ordinance is itself effective.
2. The effective date of this ordinance shall be JulY'l,
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50 8
June 25, 1991
1991.
On motion of Supervisor Eddy to adopt ordinance, and carried by
the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
~ Ordinance authorizinq the dedication of Vinyard Park
Drive to the city of Roanoke and the execution of a
new aqreement with the city concerninq Vinyard Park
Drive.
0-62591-16
There was no discussion and no one spoke on this ordinance.
Supervisor Robers moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
ORDINANCE 62591-16 AUTHORIZING DEDICATION OF
VINYARD PARK DRIVE IN FEE SIMPLE TO THE CITY OF
ROANOKE AND ALL APPURTENANT EASEMENTS TO PUBLIC
USE AND AUTHORIZING EXECUTION OF A NEW AGREEMENT
WITH THE CITY OF ROANOKE CONCERNING VINYARD PARK
DRIVE
WHEREAS, Vinyard Park is a recreational facility located in the
City of Roanoke, owned and developed by Roanoke County; and,
WHEREAS, the Park requires adequate road access; and,
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JURe 25, 1991
50 9
WHEREAS, the City of Roanoke has cooperated with the County and
recommended allocation of necessary recreational access funds
pursuant to §33.1-223 of the Code of Virginia, 1950, as amended, for
construction of the road; and
WHEREAS, an agreement between the City of Roanoke and the
Virginia Department of Transportation (VDOT) concerning the road
provides that the City of Roanoke will acquire the right of way and
easements necessary for the construction of the project at no cost
to VDOT; and,
WHEREAS, Roanoke City and Roanoke County have negotiated a new
agreement concerning this matter.
NOW, 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 June 11, 1991; and a second reading was
held on June 25, 1991.
2. That the County Administrator is hereby authorized to
execute the Plat Showing "NEW 50' RIGHT-OF-WAY & NEW 15' DRAINAGE
EASEMENTS TO BE DEDICATED TO CITY OF ROANOKE, VIRGINIA", dated 27
February, 1990, prepared by Lumsden Associates, P.C.
3. That the County Administrator is hereby authorized to
dedicate the right-of-way for Vinyard Park Drive to the City of
Roanoke in fee simple and to dedicate the necessary drainage
easements to public use.
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51 0
June 25, 1991
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4. That the County Administrator is hereby authorized to
execute the new proposed agreement with the city of Roanoke
concerning Vinyard Park Drive, and particularly providing for
dedication of the right-of-way and easements.
5. That the County Administrator is hereby authorized to
execute such other documents and take such other actions as may be
necessary to accomplish these transactions, all of which shall be on
form approved by the County Attorney.
On motion of Supervisor Robers to adopt ordinance, and carried
by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
IN RE:
CITIZEN COMMENTS AND COMMUNICATIONS
Two citizens signed up to speak regarding the proposed Smith
Gap landfill but they were not present to speak.
IN RE:
ADJOURNMENT
At 9:45 p.m., Supervisor Johnson moved to adjourn. The motion
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, McGraw
NAYS:
None
ABSENT:
Supervisor Nickens
A-n'h\a~~
steven A. McGraw, Chairman
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