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HomeMy WebLinkAbout6/25/1991 - Regular .TunA ~C;, 1991 4 61 - 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 .. 4 62 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 2 " JUJle 25, 1991 4 63 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: " 4 64 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 .. 4 65 .TunA ~~991 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 .. 466 June 25, 1991 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 .. 4 67 '"' 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 .. 468 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 .. 4 69 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 .. 470 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. .. 471 ~ J11ne 25. 1991 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 .. 47l June 25, 1991 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: .. 4 73 J11nA 25, 1991 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 .. 474 June 25, 1991 - 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 " June 25, 1991 475 - 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 .. 476 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 ,. 477 - - ,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 .. 478 June 25, 1991 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 .. 479 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. * * * * .. 480 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 .. 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 .. 482 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, " .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. .. 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 .. 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 " -.- 50' 5 JU-H.,-.2.L 199 1 --- 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 , . .. 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, .. 50 7 ,Tn1'\e ~5,. 1991 ~. ,-- --<--, , ,-..- -',--~, ~~ '- -. ----~----,--~"'_.._-._-_.".._--_..._--_.._.._..,---_..----_.."'._~-- 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, .. 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, .. 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. ,. 51 0 June 25, 1991 -- 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 ..