HomeMy WebLinkAbout11/19/1991 - Regular
November 19, 1991
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue S. w.
Roanoke, Virginia 24018
November 19, 1991
The Roanoke County Board of Supervisors of Roanoke
County, Virginia, met this day at the Roanoke County Administration
Center, this being the third Tuesday, and the only regularly
scheduled meeting of the month of November, 1991.
IN RE:
CALL TO ORDER
Chairman McGraw called the meeting to order at 3:05 p.m. The
roll call was taken.
MEMBERS PRESENT:
Chairman Steven A. McGraw, Vice Chairman Harry
C. Nickens, Supervisors Lee B. Eddy, Bob L.
Johnson, Richard W. Robers
MEMBERS ABSENT:
None
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 the Reverend F. Tupper Garden,
Raleigh Court Presbyterian Church. The Pledge of Allegiance was
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November 19, 1991
recited by all present.
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Supervisor Eddy added Item 0 under New Business, a resolution
opposing the division of Roanoke County into two or more
congressional districts, and a request for a notice of protest
regarding the proposed Appalachian Power Company transmission line.
Mr. Hodge added an ordinance regarding the exchange of
easements in connection with Vinyard Park.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
h Proclamation declarina the week of November 17
throuah 23. 1991 as American Education Week.
School Superintendent Dr. Bayes Wilson and School Board
Chairman Frank Thomas received the proclamation.
Supervisor Johnson moved to adopt the proclamation. The
motion carried by a unanimous voice vote.
~ Recoanition of receipt of the Governor's Award for
Environmental Excellence.
This award was recognition for the cleanup efforts by many
organizations at Crowell's Gap. Director of Planning and Zoning
Terry Harrington and General Services Director Gardner smith
accepted the recognition. Mr. Harrington announced that the
Secretary of Natural Resources will hold a special recognition
ceremony at a later date.
IN RE: NEW BUSINESS
~ Resolution opposina the division of Roanoke County
November 19, 1991
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into two or more conqressional districts.
R-111991-1
Supervisor Eddy expressed concern about the possibility of the
division of the Roanoke County into two congressional districts.
Supervisor Nickens agreed, but Supervisor Robers felt that the
County might have more strength with two congressmen representing
them.
Supervisor Eddy moved to adopt the prepared resolution. The
motion was carried by the following recorded vote:
AYES:
Supervisors Eddy, Johnson, Nickens, McGraw.
NAYS:
Supervisor Robers
RESOLUTION 111991-1 OF THE ROANOKE COUNTY BOARD
OF SUPERVISORS OPPOSING THE DIVISION OF ROANOKE COUNTY
INTO TWO OR MORE CONGRESSIONAL DISTRICTS
WHEREAS, news reports indicate that the Virginia General
Assembly is considering one or more congressional redistricting
plans that would divide Roanoke County between the sixth and ninth
congressional districts; and
WHEREAS,
the Roanoke County Board of Supervisors
believes that future relations with Congress will be enhanced and
strengthened if the entire county remains in one congressional
district; and
WHEREAS,
di viding Roanoke County into two or more
congressional districts will create undue confusion among Roanoke
County citizens who have historically been part of the sixth
congressional district; and
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November 19, 1991
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Roanoke County that the strongest opposition be
stated to any redistricting plan that would divide Roanoke County
into two or more congressional districts; and
FURTHER, that copies of this resolution be transmitted
immediately by electronic means to all members of the Virginia
state Senate and House of Delegates who represent areas of Roanoke
County and to Congressman Jim Olin.
On motion of Supervisor Eddy to approve the resolution,
and carried by the following recorded vote:
AYES: Supervisors Eddy, Johnson, Nickens, McGraw
NAYS: Supervisor Robers
h Request from Total Action Aaainst Poverty (TAP) for
fundina for Transitional Livina Center.
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Ted Edlich, Executive Director of TAP, presented the request,
explaining that these funds will be needed to match a federal
grant. They have also requested funds from Roanoke City and Salem.
Supervisor Robers moved to appropriate $10,000 for
Transitional Living Center from the Board Contingency Fund.
motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
h Request for County share of traffic liaht at Intersection
the
The
November 19, 1991
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of Route 117 and Northside Hiah School Road.
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There was no discussion of this issue.
Supervisor Johnson moved to appropriate $12,500 from the
Capital Fund. The motion was carried by the following recorded
vote:
AYES:
NAYS:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
None
~ Recruest from School Board for acceotance of $10.450
federal arant for the School Federal proarams Fund.
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Supervisor Nickens moved to accept the grant and appropriate
the funds to the Schools. The motion was carried by the following
recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
~ Recruest from School Board for acceotance of $3.000
award and aDorooriation to School Caoital
Imorovement Fund.
A-111991-5
Supervisor Nickens moved to accept the grant and appropriate
the funds to the Schools. The motion was carried by the following
recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
~ Presentation of Year-end Audit.
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November 19, 1991
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Finance Director Diane Hyatt reported that following the
audit, there was a $791,332 year-end surplus and a surplus of
$592,429 from the schools. The School Board adopted a resolution
that its surplus should be spent on school buses, Mason Cove Sewage
System, the traffic light at Northside High School and other
capital needs.
Ms. Hyatt advised that the State is notifying localities of
declines in state aid for education and state-wide sales tax, and
the County is monitoring its budget. The Schools have also offered
to delay the purchase of school buses because of this. Staff
recommended that the $791,332 remain in the General Fund
Unappropriated Balance for future budget needs, and that the
Schools receive their portion with the understanding that they will
delay the purchase of school buses.
Betty Broyles, 2040 Elizabeth Drive, requested that part of
the surplus be spent on roof repairs to East County schools.
School Superintendent Dr. Bayes Wilson reported that they have
patched the roofs, but they continue to leak. They will wait until
spring to see what funding looks like before spending their surplus
with the exception of the traffic light.
Supervisor Robers announced he would be willing to support a
previously denied request for bonuses for employees.
Supervisor Nickens moved to add $791,332 to the Unappropriated
Balance, and that $12,500 of the School Board surplus be allocated
to the Northside High School traffic light.
November 19, 1991
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Supervisor Johnson offered a substitute motion to allocate
$375,000 of the year-end surplus for $100 bonuses to county and
school employees. The motion was defeated by the following
recorded vote:
Supervisors Robers, Johnson
Supervisors Eddy, Nickens, McGraw
Supervisor Nickens advised that the intent of his original
motion was that the surplus would be used to provide salary
increases or health care in July 1992. His motion carried by the
following recorded vote:
AYES: Supervisors Eddy, Nickens, McGraw.
NAYS: Supervisors Robers, Johnson
AYES:
NAYS:
~ Aooroval of amendment to the Emolovee Handbook _
Sick Leave Bank.
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Supervisor Nickens suggested that if the employee owes the
Sick Leave Bank upon termination, the days should come from unused
sick leave days or annual leave days. Supervisor Eddy suggested
that final determination of utilization of the sick leave bank be
at the discretion of the County Administrator rather than the
Internal Support and Operations Team.
Supervisor Nickens moved to approve the sick Leave Bank as
amended by the Board members. The motion was carried by the
following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
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November 19, 1991
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NAYS:
None
h Authorization to accruire bv eminent domain 2.3 acres
of land from Joseoh H. Davis and Suzanne R. widney
for Sorina Hollow Reservoir oro;ect.
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Assistant Administrator John Hubbard reported that the staff
has attempted to negotiate with the property owners.
Agreements
have been reach with all the owners except Mr. Davis and Ms.
Widney. A written offer has been made of $4,000 and the owners had
counter-offered $20,000. The appraisal brought a fair market value
of $4,800.
Mr. Hubbard requested adoption of a resolution
authorizing the acquisition of the property by eminent domain and
immediate right-of-entry.
In response to a question from Supervisor McGraw, Mr. Hubbard
announced this was the only time the County has had to utilize
eminent domain for either the reservoir or the landfill property.
Supervisor Nickens moved to adopt the resolution. The motion
was carried by the following recorded vote:
AYES:
Supervisors Robers, Johnson, Nickens, McGraw.
NAYS:
Supervisor Eddy
RESOLUTION 111991-8 PURSUANT TO TITLE 25 AND SECTION
15.1-238 OF THE CODE OF VIRGINIA, 1950 (AS AMENDED),
AUTHORIZING THE ACQUISITION OF A 2.030-ACRE PARCEL OF
LAND FROM JOSEPH H. DAVIS AND SUZANNE K. WIDNEY FOR THE
SPRING HOLLOW RESERVOIR PROJECT BY EMINENT DOMAIN
PROCEEDINGS
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
November 19, 1991
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1. That the Spring Hollow Reservoir Project, including the
construction of a water supply system, pump station, and reservoir,
has been approved to provide a source of water for the citizens of
Roanoke County.
2. That the project is necessary for the general health,
safety and welfare of the public, and specifically will provide a
long-term water source in Roanoke County.
3. That acquisition of a certain parcel of land, consisting
of 2.030 acres, is necessary for construction of the major access
road to the reservoir and the pump station.
4. That the parcel of land required for this phase of the
project is owned by Joseph H. Davis and Suzanne K. Widney and is
more particularly described as follows:
All that certain parcel of land, together with any
improvements thereon, rights incident thereto, and
appurtenances thereunto belonging, situate in the Catawba
Magisterial District of Roanoke County, Virginia, shown
and designated as "2.030 ACRES -- D.B. 1035, PG. 474"
upon the plat, dated 14 November 1991, made by Lumsden
Associates, P.C., attached hereto as Exhibit A. This
being all of the same real estate conveyed unto Joseph
H. Davis and Suzanne K. Davis, now Suzanne K. Widney, by
deed dated February 4, 1976, from Margaret M. Kelly, of
record in the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, in Deed Book 1035, Page 474.
The above-described parcel is designated on the Roanoke
County Land Records as Tax Map No. 73.00-1-7.
5. That the fair market value of the property is $4,800.00,
which is hereby offered to the property owners for purchase of fee
simple, marketable title to the subject parcel by the Board of
Supervisors of Roanoke County, Virginia.
6. That it is immediately necessary for the County to enter
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November 19, 1991
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upon and take possession of such property and commence construction
of said water supply system, pump station and reservoir and any
other appurtenances to the water supply system in order to more
adequately serve the needs of the citizens of Roanoke County and
to institute and conduct appropriate condemnation proceedings as
to the above-described property as provided by law.
7. That a certified copy of this resolution, to be sent by
certified mail to Joseph H. Davis and Suzanne K. Widney, on or
before November 22, 1991, shall constitute notice to said property
owners of the offer to purchase as set forth above and the intent
to enter upon and take possession of said property to commence
construction, as provided for in Section 15.1-238 of the Code of
Virginia, 1950 (as amended).
7. That pursuant to the provisions of Title 25 and Section
15.1-238 of the Code of Virginia, 1950 (as amended), the Board does
hereby invoke all and singular the rights, privileges, and
provisions as to the vesting of powers in the County under the
Virginia General Condemnation Act (§25-46.1, et seq., of the Code
of Virginia, 1950, (as amended), and Section 15.1-238, all as made
and provided by law.
8. That the County Administrator and the County Attorney are
hereby authorized to execute such documents and take such actions
as may be necessary to accomplish this acquisition through eminent
domain proceedings, or otherwise.
On motion of Supervisor McGraw to adopt the resolution, and
carried by the following recorded vote:
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November 19, 1991
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AYES:
NAYS:
Supervisors RObers, Johnson, Nickens, McGraw
Supervisor Eddy
h Recruest to amend enaineerina services aareement with
Haves. Seav. Mattern and Mattern for Sorina Hollow
construction manaaement.
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Mr. Hubbard explained that this action will amend the original
1984 agreement. The cost will not exceed $1,800,000 and will
include all work required by HSMM, their subcontractors and testing
services during the construction phase of the project.
Supervisor Eddy suggested that the staff submit the proposal
to an outside knowledgeable consultant to review the agreement.
Supervisor Nickens moved to approve the amendment. The motion
was carried by the following recorded vote:
AYES: Supervisors RObers, Johnson, Nickens, McGraw.
NAYS: Supervisor Eddy
L.. Aooroval of revised Caoital Imorovement proaram
Review Process and Calendar of Events.
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Director of Management and Budget Reta Busher advised that
the implementation of the CIP belongs to the Board of Supervisors
through adoption and incorporation of the projects in the County's
capital budget. The CIP process was presented to the Facilities
Management Team for review, and the team recommended changes to the
process. Staff recommended adoption of the revised CIP process and
proposed calendar of events.
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November 19, 1991
Following discussion, Supervisor Nickens moved to approve the
revised review process and calendar of events. The motion was
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
10. Authorization to neaotiate lease for Courthouse and
Jail oarkina facilities.
A-111991-11
Staff requested approval to negotiate a lease for additional
parking space for the Sheriff's Office and the Courthouse/Jail
complex at a cost of $735 a month. Funds would be allocated from
fees earmarked for maintenance of court-related facilities.
Supervisor Nickens stated his opposition citing adequate
parking within walking distance.
Supervisor Johnson moved to approve the request. The motion
was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, McGraw.
NAYS: Supervisor Nickens
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
ORDINANCES - CONSENT AGENDA
Supervisor Johnson moved to approve first reading and set the
public hearings for December 17, 1991. The motion was carried by
the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.,
NAYS: None
November 19, 1991
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h Ordinance to amend the Future Land Use Plan map
desianation of aooroximatelY 3.59 acres from
Neiahborhood Conservation to princioal Industrial
and to rezone said orooerty from R-1 to M-1 and
obtain a Soecial Exceotion Permit to construct an
office located at the northwest corner of Enon and
Waldron Drive. Hollins Maaisterial District uoon the
oetition of James C. Wilson.
h Ordinance to amend conditions and to rezone
aooroximatelY 2.43 acres from B-2 to B-2 and M-1 to
ooerate a new auto dealershio and auto collision
reoair facility located at 4037 Electric Road. Cave
Sorina Maaisterial District. UDon the oetition of
Vito DeMonte.
~ Ordinance to rezone 0.10 acres from B-3 to B-2 to
ooerate a used household aDoliance ShOD. located at
1806 Thomoson Memorial Drive. Catawba Maaisterial
District. uoon the oetition of Everett J. Miles. Sr.
IN RE:
FIRST READING OF ORDINANCES
h Ordinance authorizina the acauisition of two oarcels
of land from Canaan Land ComDany in connection with
the Roanoke River Sewer Interceotor Phase III
Pro;ect.
Supervisor Nickens moved to approve first reading of the
ordinance. The motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
~ Ordinance authorizina the exchanae of real estate
ad;acent to Burlinaton Elementary School with
Friendshio Manor Aoartment Villaae Coro.
Supervisor Nickens moved to approve first reading of the
ordinance. The motion was carried by the following recorded vote:
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November 19, 1991
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AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
IN RE:
SECOND READING OF ORDINANCES
h Ordinance authorizina the lease of real estate. a
Dortion of the old Starkey Sewaae Treatment Plant
orooerty. to the Valley Soccer Club.
(CONTINUED TO DECEMBER 3. 1991.)
~ Ordinance amendina the Roanoke County Code bY the
addition of Article VIII "Fire and Security Alarms"
to Chaoter 16. "Police" to reaulate the use and
ooeration of security and fire alarm systems.
(CONTINUED FROM OCTOBER 8 AND OCTOBER 22. 1991)
0-111991-12
Fire and Rescue Chief Tommy Fuqua and Police Chief John Cease
presented the report. Supervisor Eddy pointed out several minor
modifications.
The following citizens spoke on the ordinance:
1. Seth P. Oqinz. Security Consultants Unlimited. advised he
met with the staff following the first reading, and now agrees with
most provisions in the ordinance with the exception of the fee
structure which he felt could result in a hardship to some. He
also requested that someone from the alarm industry serve on the
appeals process.
2. Wayne LloYd. Leqqett Stores, also expressed concern about
the fee schedule.
November 19, 1991
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3. D. Martin Etzler. 2311 Sanford Avenue. expressed concern
that homeowners were not included in the process.
Supervisor Eddy moved to approve the ordinance as modified,
and that the fees be changed as requested by those speaking.
Supervisor Nickens offered a substitute motion to approve the
ordinance as modified with no change to the fee schedule. The
motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
ORDINANCE 111991-12 AMENDING THE ROANOKE COUNTY
CODE BY THE ADDITION OF ARTICLE VIII. "FIRE AND
SECURITY ALARMS" TO CHAPTER 16 "POLICE" TO
REGULATE THE USE AND OPERATION OF SECURITY AND
FIRE ALARM SYSTEMS
WHEREAS, the improper operation of fire and security
alarms by property owners, and the occasional unlawful activation
of such alarms, within the County of Roanoke threatens the safety
and health of the ci tizens of this county through unnecessary
responses by police and fire units as well as causing unnecessary
expense to the public and inconvenience to the neighbors of such
alarms; and
WHEREAS, the first reading on this ordinance occurred on
October 8, 1991; and the second reading and public hearing occurred
on November 19, 1991.
BE IT ORDAINED by the Board of Supervisors of the County
of Roanoke, Virginia, as follows:
1. That a new Article VIII, "Fire and Security Alarms" of
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November 19, 1991
Chapter 16, "POLICE" of the Roanoke County Code is adopted and
enacted as follows:
ARTICLE VIII. FIRE AND SECURITY ALARMS
Sec 16-20. Purpose
The purpose of this article is to regulate the use and
operation of security and fire alarm systems in premises to which
the police department or fire and rescue service are expected to
respond in order to reduce the number of false alarms and protect
the health, safety and welfare of the residents of the county.
Sec 16-21. Definitions
For purposes of this article, the following words and phrases
shall have the meanings ascribed to them by this section:
a. Alarm
Any device which, when actuated by the occurrence of a
criminal act or fire risk requiring police, fire or
rescue response, transmits a signal to a central alarm
system, a third party or directly to the Public safety
Center or produces an audible or visible signal designed
to notify persons within audible or visual range of the
signal.
b. Alarm Board
The facility located in the communications section of the
Public Safety Center which is designed to receive direct
signals from Alarm Systems authorized to be connected
thereto.
c. Alarm Company
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Any Person legally authorized to transact business within
the Commonwealth of Virginia and currently maintaining
either a Virginia contractor's license or a local
business license to engage in the business of
installation, maintenance, alteration, servicing or
monitoring alarm systems.
d. Automatic Dialing Device
A device installed, operational and which is
interconnected to a telephone line programmed to send a
recorded message, code or signal from a protected
premises to a telephone number assigned to the Public
Safety Center. This term shall include a "telephone
dialer" or a "tape dialer" or any other similar device
or equipment.
e. False Alarm
Any security or fire alarm signal, communicated directly
or indirectly to the Public Safety Center which is not
in response to actual or threatened criminal activity or
fire risk requiring immediate police, fire, or rescue
response. False Alarms include negligently or
accidentally activated signals; signals which are the
resul t of faulty, malfunctioning, or improperly installed
or maintained equipment; signals which are purposely
activated to summon the police department or fire and
rescue service in non-emergency situations; and signals
for which the actual cause is not determined. False
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November 19, 1991
Alarms shall not include signals activated by unusually
severe weather conditions or other causes which are
identified and determined by the Chief of Police or
designee to be beyond the control of the User
f. High Hazard Premises
A facility requiring urgent attention to which the
pOlice, fire or rescue department is expected to respond
for the protection of multiple persons as designated by
the Chief of Police or the Chief of Fire and Rescue
including but not limited to nursing homes, hospitals and
homes for the elderly. Such facilities shall include
those structures meeting the requirements for
institutional occupation under the Roanoke County
Building Code.
g. Person
Any individual, firm, partnership, association, company,
corporation, organization or other legal entity.
h. Protected Premises
The premises upon which a Security or Fire Alarm System
has been placed for the purpose of detecting a hazard.
i. Public safety Center
The Roanoke County Public Safety Center including the E-
911 Center and the dispatch communications center or
their successors in title.
j. security or Fire Alarm system/Alarm System
Any assembly of equipment or device designated to detect
November 19, 1991
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and signal the unauthorized intrusion into a premises or
to signal an attempted burglary, robbery, other criminal
activity, or fire at the protected premises, to which the
police department or fire and rescue service are expected
to respond. Such term, however, shall not include
security alarm systems maintained by governmental
agencies.
k. User
Any Person using a Security or Fire Alarm System or
having an insurable interest in any premises upon which
is located such a system, regardless of whether the
Person owns the Security or Fire Alarm System or the
premises on which it is located.
Sec 16-22. False Alarms - Prohibited
a. It shall be unlawful for any Person to knowingly and
without just cause to activate a Security or Fire Alarm System to
summon the police department or fire and rescue service in
situations where there is no actual or threatened criminal or fire
risk requiring immediate police, fire or rescue response.
b. Violation of this section shall constitute a Class 1
Misdemeanor, punishable by a fine of up to Two Thousand Five
Hundred Dollars ($2,500.00) or not more than twelve (12) months
in jail, or both.
Sec 16-23. Alarm - Deactivation
The police officer or fire and rescue official responding to
a False Alarm shall have the authority to deactivate said
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November 19, 1991
Alarm System without liability when it is disturbing the peace and
quiet of the community, if the User fails to deactivate the Alarm
System within a reasonable time. A reasonable time for purposes of
this section shall be 30 minutes from the time that substantial
efforts are first made to contact the User.
Sec 16-24. New Alarm Connections
a. The County of Roanoke shall only maintain alarm
monitoring capability for those premises that are deemed to be a
High Hazard Premises. Such decision to issue permits for these
Alarm systems shall require the approval of the Chief of Police and
Chief of Fire & Rescue of Roanoke County.
b. New Users may connect, maintain and operate Security or
Fire Alarm Systems that have their point of termination in the
Public Safety Center only upon satisfaction of the following
conditions:
1. Completion upon an annual basis of an application
form to be provided by the Chief of Police, or if
a fire alarm, the Chief of Fire & Rescue, containing
the following information:
(a). name and address of the protected premises;
(b). name, address, telephone number or other
locations whereby the person(s) maintaining
the alarm can be located;
(c). name, address, telephone number or other means
of locating a minimum of two persons who can
be contacted on a 24 hour-a-day basis in case
November 19, 1991
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of alarm or malfunction.
(d). any additional relevant information requested
by the Chief of Police or Chief of Fire &
Rescue of Roanoke County;
(e). execution of a release of liability by the User
or by an officer or authorized agent of the
User.
Any material misstatement of fact made by any applicant
shall be sufficient cause for refusal to issue a permit
or to revoke any permit previously issued.
2. Installation by an Alarm Company or licensed
electrician maintaining a valid business license
within the Commonwealth of Virginia with the cost
to be paid by the User.
3. Monthly inspection and testing of the Alarm System
by the User and reporting, by the 10th day of the
next month, of the results of said inspections to
the Chief of Police, or, if for a fire alarm, to
the Chief of Fire & Rescue, on forms to be provided
by said departments.
4. Implementation of a continuous training program for
appropriate employees and others, who may have
occasion to activate the Alarm System, regarding
the use and operation of such Alarm System, which
includes instruction on the setting, activation and
resetting of the Alarm.
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November 19, 1991
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c. Roanoke County assumes no liability for any omission or
commission resulting from the Security or Fire Alarm System
terminating in the Alarm Boards in the Public Safety Center.
d. No alarm permit issued under this Article can be
transferred to another person. A permit holder shall inform the
Chief of Police of any change that materially alters any
information listed on the permit application within five business
days of such occurrence.
Sec 16-25. Deactivation of Existing Alarms - Prohibited Alarms
a. Any User which has its Alarm System connected to the
Public Safety Center on the effective date of this ordinance shall,
30 days after receipt of written communication from the Chief of
Police, disconnect any alarm terminating therein. Failure to
disconnect will result in said alarm being disconnected by the
County without liability, at the owners expense.
b. After the effective date of this ordinance, it shall be
unlawful for any person to install, operate or maintain an
Automatic Dialing Device or service which is programmed to transmit
a prerecorded message or code signal directly from a residence,
premises or dwelling to any telephone number assigned to the Public
Safety Center, Police, or Fire and Rescue Departments, or to
install, operate or maintain an Automatic Dialing Device or other
Security or Fire Alarm System in violation of the provision of this
ordinance.
c. Alarms may be connected to an Alarm Board located in the
Public Safety Center only with the express written approval of the
November 19, 1991
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Chief of Police and the Chief of Fire & Rescue of Roanoke County.
d. Nothing contained herein will prohibit any Person or User
from installing an Alarm System which terminates with a commercial
or other alarm monitoring and answering service.
e. A User of a local Alarm shall adjust the mechanism of any
Alarm or cause such mechanism to be adjusted so that an alarm
signal shall not sound for longer than 30 minutes after being
activated.
f. After the effective date of this ordinance, no Alarm
System shall be installed in any premises within this county which
does not have an independent source of power capable of providing
an uninterrupted power supply to such alarm in conformity with thee
manufactures specifications for that installation. In the absence
of any such manufactures specification, the Alarm System shall
provide a minimum of eight hours of independent power supply.
Sec 16-26. False Alarm Fees
a. Users shall be allowed four false alarms, without fees,
in any calendar year. For each false alarm beyond the four
permitted by this section, there will be fees levied against the
User, except as follows:
1. No fee shall be charged for a false alarm if, prior to
dispatch of vehicles or personnel of the police department to
the scene of the alarm, the Public Safety Center is notified
by the User or an authorized employee or agent of said User.
2. No fee shall be charged for a False Alarm when the User
demonstrates to the satisfaction of the Chief of POlice, or
':J
808
November 19, 1991
-
designee, that said false alarm was generated by adverse
weather conditions, or electrical or telephonic power failures
or other causes which are identified and determined by the
Chief of Police or designee to be beyond the control of the
User.
(i) All fire False Alarms shall come under the
jurisdiction of the Roanoke County Fire Marshall in
accordance with the Fire Prevention Code of the County
of Roanoke as set forth in Article II of Chapter 9 of the
Roanoke County Code.
b. If within any calendar year, there is a dispatch of
vehicles or personnel of the police department in response to more
than four false alarms per premises, fees shall be assessed against
the User for all subsequent dispatches in accordance with the
following schedule:
1. Fifth Dispatch $ 25.00
2. sixth Dispatch $ 50.00
3. Seventh Dispatch $100.00
4. Eighth and all subsequent Dispatches $150.00
The fees assessed by this section are intended to reflect the
actual costs or a portion thereof incurred by the County in
providing alarm responses and in administering this Chapter and
such fees shall be re-evaluated on an as-needed basis,
c. Telephonic requests received for police, fire or
rescue response to a protected premises or dwelling, from a third
party alarm monitoring service that meet the criteria for "False
November 19, 1991
80 9 ,;.~
-
Alarms" as defined by ordinance shall be subject to the false alarm
fee schedule contained herein. The User shall be legally
responsible for all fees or charges imposed thereunder.
d. Any User experiencing a fourth False Alarm as defined in
subsection a. above shall have their Alarm System inspected by an
Alarm Company. This inspection shall include a complete examination
of the Alarm System including, but not limited to, satisfactory
design and installation of the alarm equipment, proper functioning
of the Alarm and education of the User in the proper operation of
the Alarm System. The Alarm Company shall record the details of
this inspection on a form provided by the Police Department for
this purpose. The completed inspection report shall be returned to
the Police Department by the Alarm Company within seven days of the
inspection. A copy of the completed inspection report shall be
provided to the User by the Alarm Company at the same time.
e. The Police Department shall notify a User of the
requirements of subsection d by registered mail within 30 days of
the fourth false alarm. If the inspection required by subsection
d is not completed within 30 days of this notification, the User
shall be liable to the County for an administrative service fee of
One Hundred Dollars ($100.00).
f. The Roanoke County Police Department will be responsible
for maintaining records of false alarms for billing purposes and
shall forward such information to the Roanoke County Treasurer's
Office on a monthly basis.
g. In the event that a User fails to pay a false alarm fee
810~J
November 19, 1991
-
or administrative service fee, or both, levied under this section
within 30 days of the billing date used by the County Treasurer,
the User shall be charged interest at the judgment rate from such
billing date . All such fees and charges shall be paid to the
Roanoke County Treasurer. An appeal, as provided for below, shall
suspend the running of such interest, but interest shall be due to
Roanoke County as calculated from the date the fees or charges were
originally billed in the event that such appeal is denied.
h. Any fees or charges, or both, collected under this
section shall be deposited in a capital improvement account for the
benefit of the Roanoke County Public Safety Communications Center.
Sec. 16-27. Administrative appeal procedure
a. Disputes over the number of False Alarms or assessment
of fees may be reviewed by a panel consisting of the Chief of
Police or designee, an Assistant County Administrator and the
Building Commissioner upon receipt of a written request from the
petitioner within five business days of receiving the bill.
Decisions of this appeal panel shall be consistent with the
purposes and intent of this ordinance. A consensus of the panel
shall constitute the final decision which shall be communicated to
the petitioner and Roanoke County Treasurer in writing. A member
of the fire and signal alarm industry shall be an ex-officio
member.
b. The administrative appeal panel shall consider the
following factors in reaching a determination as to the
appropriateness of a false alarm fee or administrative service fee:
November 19, 1991
~
811
1. Evidence of attempts by the User to eliminate the
cause of False Alarms, including (i) installation of new
equipment, (ii) replacement of defective equipment, (iii)
inspection and repair of the system by an Alarm Company, and
(iv) specific formal training of User.
2. Evidence that any False Alarm was caused by
electrical storm, hurricane, tornado, blizzard, or other act
of God.
3. Evidence that any False Alarm was caused by the
disruption of telephone circuits beyond the control of the
User or any Alarm Company or central monitoring agency and
that the cause of such disruption has been corrected.
4. Written evidence that the Alarm System which caused
the alarm responses has been disconnected and removed from the
premises.
Sec. 16-28. Authority of Department of Fire and Rescue
This Article shall not be interpreted to limit the authority
of the Department of Fire and Rescue and the Fire Marshal of
Roanoke County to enforce any provision of the Virginia Statewide
Fire Prevention Code as incorporated in Article II of Chapter 9,
"Fire Prevention and Protection", of the Roanoke County Code
regarding Alarms Systems or False Alarms.
2. This ordinance shall be in effect on and after January
1, 1992.
On substi tute motion of Supervisor Nickens to approve as
amended with fees remaining the same, and carried by the following
Ct
812 JO
November 19, 1991
recorded vote:
AYES:
supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
~ Ordinance amendina the Roanoke County Code. Article
IV. Sewer Use Standards. of Chaoter 18. 1985 Code
(formerlY Article III. Chaoter 16. Code of 1971).
(CONTINUED FROM JULY 23. 1991)
0-111991-13
Supervisor Nickens moved to approve the ordinance. The motion
was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
ORDINANCE 111991-13 AMENDING AND REENACTING
ARTICLE IV, SEWER USE STANDARDS, OF CHAPTER 18
OF THE ROANOKE COUNTY CODE OF 1985 (formerly,
Article III, of Chapter 16 of the Roanoke
County Code of 1971).
WHEREAS, the 1972 Sewage Treatment Agreement entered into
by and between,
and still binding upon, Roanoke City and the
County of Roanoke requires the County to adopt such ordinances and
regulations as necessary to conform to those adopted by the City
of Roanoke as they pertain to Sewer Use Standards; and
WHEREAS, by Ordinance # 62486-146, § 1, adopted on June
24, 1986, Chapter 16 of the Roanoke County Code of 1971 was amended
to add an Article III relati ve to sewer use standards and by
Ordinance # 91289-14, adopted on September 12, 1989, said Article
was further amended; and
WHEREAS, recent regulatory requirements enacted by the
November 19, 1991
81 3'-
-
state Water Control Board and the U. S. Environmental Protection
Agency have necessitated changes by the City of Roanoke to its
Sewer Use Standards; and
WHEREAS, the operative requirements of the current Sewage
Treatment Agreement between Roanoke City and the County of Roanoke
requires amendment of the County's ordinances to bring them into
conformity with the current Roanoke City Sewer Use Standards; and
WHEREAS, the first reading of this ordinance was held on
July 9, 1991, and the second reading of this ordinance was held on
July 23, 1991, and continued to November 19, 1991.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the amended "SEWER USE STANDARDS" be reenacted
as "ARTICLE IV. SEWER USE STANDARDS" of CHAPTER 18 of the Roanoke
County Code of 1985.
CHAPTER 18
ARTICLE IV. SEWER USE STANDARDS
Sec. 18-151 Definitions.
For the purpose of this article, the words and phrases set out
in this section shall have the following meanings:
Act means the Federal Water Pollution Control Act, also known
as the Clean Water Act, 33 U.S.C. 1251, et seq., as amended.
Approving Authority for purposes of this Article onlY shall
mean the county administrator or his duly authorized representative
and shall be equivalent to control authority.
BOD (biochemical oxygen demand) means the quantity of oxygen
:it
814
November 19, 1991
-
by weight, expressed in mgj1, utilized in the biochemical oxidation
of organic matter under standard laboratory conditions for five (5)
days at a temperature of twenty (20) degrees centigrade.
Building sewer means the extension from the building drain to
the public sewer or other place of disposal (also called house
lateral and house connection).
Categorical standards means National Categorical Pretreatment
standards or Pretreatment Standard.
Capital costs means a sum sufficient recovered by user charges
computed by using the capital recover factor for the average life
of all capital items including capitalized 0 & M charges (unless
collected separately) on which expenditures have been made or will
have to be made for wastewater treatment facilities, processes or
transmission lines. capital costs may be adjusted from time to
time to reflect cost experience.
Categorical standards means National Categorical Pretreatment
standards or Pretreatment Standard.
Class I user means any person discharging normal domestic
wastewater into a sanitary sewer and any industrial user
discharging Group B wastewater into the sanitary sewer.
Class II user means any person discharging Group A wastewater
into a sanitary sewer.
COD (chemical oxygen demand) meaps the measure, expressed in
mgj1, of the oxygen consuming capacity of inorganic and organic
matter present in water or wastewater, expressing the amount of
oxygen consumed from a chemical oxidant in a specific test, but not
November 19, 1991
9 1 5 c.
-----.<----.----------.--
differentiating between stable and unstable organic matter and thus
not necessarily correlating with biochemical oxygen demand.
COD-BOD ratio means the ratio of the yalue of COD to BOD as
these values are defined above.
COD (soluble) means the COD of the filtrate from wastewater
that is filtered through a gooch crucible as required by the
suspended solids test in "Standard Methods."
Control manhole means a manhole giving access to a building
sewer at some point before the building sewer discharge mixes with
other discharges in the public sewer.
Control point means a point of access to a course of discharge
before the discharge mixes with other discharges in the public
sewer.
County means Roanoke County.
Discharge means any introduction of substances into the
sanitary sewer.
Garbage means animal and vegetable wastes and residue from the
preparation, cooking and dispensing of food, and from the handling,
processing, storage and sale of food products and produce.
Group A wastewater means wastewater discharged into the
sanitary sewers in which anyone of the parameters below are more
than the given loading:
Parameter
Total suspended solids (TSS)
lbs.jday
Average
Monthly
62.5 lbs.jday
Daily
Comnosite
7 5
81 6 ~
November 19, 1991
!--
--
!--
Biochemical oxygen demand (BOD)
62.5 lbs.jday
7 5
lbs. jday
Total phosphorus (TP)
3.75 lbs.jday
4
5
Ibs. /day
Total Kjeldahl nitrogen (TKN)
4.50 lbs.jday
5
4
lbs.jday
Group B wastewater means the discharge of permitted industrial
wastewater not otherwise qualifying as Group A wastewater.
Incompatible waste means a waste which is not susceptible to
adequate treatment by the wastewater treatment plant.
Industrial user means any user of publicly owned treatment
works identified in the Standard Industrial Classification Manual,
1987, Office of Management and Budget, as amended and supplemented,
under divisions A, B,D, E, and I, including governmental facilities
that discharge wastewater to the plant.
Industrial waste means waste resulting from any process of
industry, manufacturing, trade or business from the development of
any natural resource, or any mixture of the waste with water or
normal wastewater, or distinct from normal wastewater.
Infiltration means water entering a sewer system, including
service connections from the ground, through such means as, but not
limited to, defective pipes, pipe joints, connections or manhole
walls. Infiltration does not include, and is distinguished from
inflow.
Inflow means water discharged into a sewer system, including
service connections, from such sources as, but not limited to, roof
November 19, 1991
81 7 ~
leaders, cellar,yard and area drains, foundation drains, cooling
water discharges, drains from springs and swampy areas, manhole
covers, cross connections from storm sewers and combined sewers,
catch basins, storm waters, surface runoff, street wash waters, or
drainage. It does not include, and is distinguished from
infiltration.
Interference means a discharge which, along or in conjunction
with a discharge or discharges from other sources, (1) inhibits or
disrupts the plant, its treatment processes or operations, or its
sludge processes, use or disposal; or (2) causes a violation of the
plant's VPDES permit.
Milligrams per liter (mgj1) means the same as parts per
million and is a weight-to-volume ratio; the milligram-per liter
value multiplied by the factor 8.34 shall be equivalent to pounds
per million gallons of water.
National categorical pretreatment standard or pretreatment
standard means any regulations containing pollutant discharge
limits promulgated by the EPA in accordance with Sections 307(b)
and (c) of the Act (33 U.S.C. 1317) and 40 C.F.R. Subchapter N
(Parts 401-471) as amended, which applies to a specific category
of industrial users.
Natural outlet means any outlet into a watercourse, ditch,
lake or other body of surface water or ground water.
Normal wastewater means wastewater discharged into
sanitary sewers in which the average concentration of
suspended solids and BOD is not more than 250 mgj1,
the
total
total
----~."_._---~-_._--
-----------..-------
818
November 19, 1991
phosphorus is not more than 15 mg/1, total Kjeldahl nitrogen is not
more than 18 mgj1 and total flow is not more than 25,000 gallons
per day.
Overload means the imposition of organic or hydraulic loading
on a treatment facility in excess of its engineered design
capacity.
Pass through means a discharge which exits the plant into
water of the united states in quantities which may cause a
violation of the plant's VPDES permit.
Person includes individual, corporation, organization,
government or governmental subdivision or agency, business trust,
estate, trust, partnership association and any other legal entity.
pH means the logarithm (base 10) of the reciprocal of the
hydrogen ion concentration expressed in grams per liter.
Phosphorus (total) means the sum of the various types of
phosphate expressed as elemental phosphorus found in wastewater.
The various forms include ortho phosphate, condensed phosphates
(pyro, meta, and poly-phosphates) , and organically bound
phosphates. The concentration of total phosphate is determined by
the "Standard Methods" test procedure.
Plant meàns the City of Roanoke Regional Sewage Treatment
Plant, er Reaße]cc Ceußty star]cey fJc'Waqc Treatmcßt rlaßt.
Public sewer means pipe or conduit carrying wastewater or
unpolluted drainage in which owners of abutting properties shall
have the use, subject to control by the County.
Sani tary sewer means a public sewer that conveys domestic
November 19, 1991
81 9 ':J
wastewater or industrial wastes or a combination of both, and into
which storm water, surface water, groundwater and other unpolluted
wastes are not intentionally passed.
Slug means any discharge of water, wastewater or industrial
waste which, in concentration of any given constituent or in
quantity of flow, exceeds, for any period longer than fifteen (15)
minutes, more than five (5) times the average twenty-four (24) hour
concentration or flows during normal operation.
Standard Industrial Classification (SIC) means classification
pursuant to the Standard Industrial Classification Manual issued
by the Executive Office of the rre3iàcnt, Office af }~anagcment and
Budget, 1972 Manaqement and Budqet. 1987. as amended.
Standard Methods means the examination and analytical
procedures set forth in the latest edition, at the time of
analysis, of "Standard Methods for the Examination of Water and
Wastewater" as prepared, approved and published jointly by the
American Public Health Association, the American Water Works
Association and the Water Pollution Control Federation.
Storm sewer means a public sewer which carries storm and
surface water and drainage and into which domestic wastewater or
industrial wastes are not intentionally passed.
Storm water means rainfall or any other forms of
precipitation.
Suspended solids means solids measured in mgj1 that either
float on the surface of, or are in suspension in, water, wastewater
or other liquid$, and which are largely removable by a laboratory
820
November 19, 1991
'---
filtration device.
To discharge includes to deposit, conduct, drain, emit, throw,
run, allow to seep or otherwise release or dispose of, or to allow,
permit or suffer any of these acts or omissions.
Total Kjeldahl nitrogen means the combined ammonia and organic
nitrogen in a given wastewater, as measured by the "Standard
Methods" test procedure. It does not include nitrite and nitrate
nitrogen.
Trap means a device designed to skim, settle or otherwise
remove grease, oil, sand, flammable wastes or other harmful
substances.
Unpolluted wastewater means water containing:
(1) No fee or emulsified grease or oil.
(2) No acids or alkalis.
(3) No phenols or other substances producing taste or odor
in receiving water.
(4) No toxic or poisonous substances in suspension, colloidal
state or solution.
(5) No noxious or otherwise obnoxious or odorous gases.
(6) Not more than ten (10) mgj1 each of suspended solids and
BOD.
(7) Color not exceeding fifty (50) units, as measured by the
Platinum-Cobalt method of determination, as specified in
"Standard Methods."
User charge means the charge made to those persons who
discharge normal wastewater into the County's sewage system. This
November 19, 1991
82 1
- --- ._-
_ . _h~ . ,... _
charge shall include a proportionate share of any capital
improvements to the system (capital costs).
User surcharge means the charge made, in excess of the user
charge, for all wastewater over and above the loading defined as
normal wastewater.
Waste means rejected, unutilized or superfluous substances,
in liquid, gaseous or solid form, resulting from domestic,
agricultural or industrial activities.
Wastewater means a combination of the water-carried waste from
residences, business buildings,
institutions and industrial
establishments, together with any ground, surface and storm water
that may be present.
Wastewater facilities includes all facilities for collection,
pumping, treating and disposing of wastewater and industrial
wastes.
Wastewater service charge means the charge on all users of the
public sewer whose wastes are treated at the plant and is the
appropriate sum of the user charge and user surcharge.
Wastewater treatment plant means any municipal-owned
facilities, devices and structures used for receiving, processing
and treating wastewater, industrial waste and sludges from the
sanitary sewers.
Wastecourse means a natural or man-made channel in which a
flow of water occurs, either continuously or intermittently.
Sec. 18-152. General Requirements.
(a) All discharges into public sewers shall conform to
ß2.2 ~
November 19, 1991
---
requirements of this article; however, the federal categorical
pretreatment standards or any standards imposed by the state water
control board or its successor in authority are hereby incorporated
by reference where applicable and where such standards are more
stringent than those set forth in this article.
(b) }lo industrial uscr shall discharqe industrial wastewaters
into the sanitary se~er system except as provided in this article.
No sianificant industrial user or other user as determined bY the
aDDrovinq authority shall discharqe industrial wastewaters into the
sanitarv sewer svstem without an appropriate industrial waste
discharae permit as provided in this article.
(c) Unless exception is granted by the approving authority
or by other provisions of this chapter, the public sewer system
shall be used by all persons discharging wastewater, industrial
waste, polluted liquids or unpolluted waters or liquids.
(d) Unless authorized by the state Water Control Board or its
successor in authority, no person shall deposit or discharge any
waste included in subsection (c) of this section on public or
private property in or adjacent to any natural outlet, watercourse,
storm sewer or other area within the jurisdiction of the County.
(e) The approving authority shall determine, prior to
discharge, that wastes to be discharged will receive such treatment
as is required by the laws, regulations, ordinances, rules and
orders of federal, state and local authorities, or such discharge
shall not be permitted.
(f) Each industrial user discharging industrial waste waters
November 19, 1991
82. 3 -,
"-----_._----_._-
-_.~. ~-" ..... - ".
.~,-, ._,. --- --.-
~___ _,"~' __.n
-- . ,.-.- -
into the sani tary sewer system shall provide protection from
accidental discharge of prohibited materials or other substances
regulated by this Article.
Facili ties to prevent accidental
discharge of prohibited materials shall be provided and maintained
at the owner or user's own cost and expense. Detailed plans showing
facilities and operating procedures to provide this protection
shall be submitted to the approving authority before construction
of the facility. All such existing users shall complete such a
plan by July 1, 1986. No such user who commences operation after
the effective date of this section shall be permitted to introduce
pollutants into the system until accidental discharge procedures
have been so approved.
Review and approval of such plans and
operating procedures shall not relieve the industrial user from the
responsibility to modify the user's facility as necessary to meet
the requirements of this Article. In the case of an accidental
discharge, it is the responsibility of the user to immediately
telephone and notify the approving authority of the incident. The
notification shall include location of discharge, type of waste,
concentration and volume and corrective actions.
within five (5) days following an accidental discharge; the
user shall submit to the approving authority a detailed written
report describing the cause of the discharge and the measures to
be taken by the user to prevent similar future occurrences. Such
notification shall not relieve the user of any expense, loss,
damage, or other liability which may be incurred as a result of
damage to the sewer system or treatment plant, fish kills, or any
'j
82 It
November 19, 1991
other damage to person or property; nor shall such notification
relieve the user of any fines, civil penalties, or other liability
which may be imposed by this article or other applicable law.
A notice shall be permanently posted on the user's bulletin
board or other prominent place advising employees whom to call in
the event of a dangerous discharge. Employers shall insure that
all employees who may cause or suffer such a dangerous discharge
to occur are advised of the emergency notification procedure.
(g) In the event of an emergency, as determined by the
approving authority, the approving authority shall be authorized
to immediately halt any actual or threatened discharge.
(h) A person discharging in violation of the provisions of
this article, within thirty (30) days of the date of such
discharge, shall sample, analyze and submit the data to the
approving authority unless the approving authority elects to
perform such sampling.
Sec. 18-153. Prohibited Discharges Generally.
(a) No person shall discharge into public sewers any waste
which, by itself or by interaction with other wastes, may:
(l) Injure or interfere with wastewater treatment
processes or facilities;
(2) Constitute a hazard to humans or animals; or
(3) Create a hazard in receiving waters of the
wastewater treatment plant effluent.
1il Generate heat in amounts which
bioloaical activitv in the plant
will inhibit
resultina in
November 19, 1991
82 5 -
-_.,~----_.
interference. and in no case heat in such quantities
that the temperature at the plant exceeds forty (40)
deqrees Celsius (one hundred four (104) deqrees
Fahrenheit) unless the approvinq authority approves
alternate temperature limits.
(b) Discharges into pUblic sewers shall not contain:
(1) Cyanidc grcatcr than 1 mg/1. Antifreeze.
(2) Fluoride other than that contained in the public
water supply areater than 10.0 mall.
(3) Chloriàcß in conccntratiofiß grcatcr than 250 m~/l.
Benzene. Toluene. Ethvlbenzene and Xvlene (BTEX)
qreater than 5.0 mq/l.
(4) Caßolinc,
fla'ft\iRablc
Flammable or explosive liquid. solid or qas in
hazardous amounts.
(5) Substances causing a chemical oxygen demand (COD)
greater than 1,500 mgj1 in the wastewater.
(6) Strong acid or concentrated plating solutions,
whether neutralized or not.
(7) Fats, wax, grease or oils, whether emulsified or
not, in excess of 100 mgj1 or containing substances
which may solidify or become viscous at temperatures
between thirty-two (32°) degrees and one hundred
bcnEcnc, naphtha, fucl oil or other
or cxploßivc liquid, ßolid or ga3.
November 19, 1991
fifty (150) degrees Fahrenheit (0° and 65°
Centigrade).
Obnoxious, toxic or poisonous solids, liquids, or
gases in quantities sufficient to violate the
provisions of subsection (a) of this section.
waste, wastewater or any other substance having a
Ph lower than 5.5 or higher than 9.5, or any other
substance with a corrosive property capable of
causing damage or hazard to structures, equipment
or personnel at the wastewater facility.
Substances which cause a COD to BOD ratio greater
than 5.
(11) Waste, wastewater or any other substance containing
phenols, hydrogen sulfide or other taste-and-odor
producing substances that have not been minimized.
After treatment of the composite wastewater,
effluent concentration limits may not exceed the
requirements established by state, federal or other
agencies with jurisdiction over discharges to
receiving waters.
1111 Antimonv and berYllium qreater than 1.0 mq/l.
Sec. 18-154. Ðisoharqe af hea·¡:y metals aDd 'taxie ma'terials.
Technical based local limits.
(a) Discharges shall not contain concentrations of heavy
metals greater than amounts specified in subsection (b) of this
~2 6 v
(8)
(9)
(10)
November 19, 1991
8271
-
section.
(b) The maximum allowable concentrations of heavy metals and
toxic materials stated in terms of milligrams per liter (mg/l),
determined on the basis of individual sampling in accordance with
"Standard Methods" are:
(1) Arsenic: 0.05 IftEJ/l .25 mq/l
(2) Barium: s.o mg/l
(3) Boron: 2.0 Iftq/l 1.0 mq/l
(4) Cadmium: 0.02 mg/l
(s) Chromium, Total: 5.0 IftEJ/l 2.0 mq/l
(6) Chromium VI: .011 mq/L.
~ l1.l Copper: 1.0 mg/l
~ m.. Lead: 0.1 IftEJ/l .2 mq/l
f8+ .ill.. Manganese: 1.0 mg/l
-f97- .!..lQ.l Mercury: O.OOS mg/l
f*t .il.ll Nickel: 1. 0 IftEJ / 1 2.0 mq/l
+H+ llll Selenium: 0.02 mg/l
-tr2+ ill.l Silver: 0.1 mg/l
+Ht 1.lll zinc: 2.0 mg/l
-tH+ .Ll.2l Cyanide: 1.0 mall
In addition, if it is determined that any one of these
parameters exceeds the state effluent requirements for the
wastewater treatment plant, an adjustment in the given parameter
concentration limit will be required. To accomplish this, the
industrial discharge permits for industries discharging the
particular compound will be adjusted to insure compliance.
828"
November 19, 1991
(c) No other heavy metals or toxic materials shall be
discharged into public sewers without a permit from the approving
authority specifying conditions of pretreatment, concentrations,
volumes and other applicable provisions.
(d) Prohibited hea~-1 metals and toxic materials include, but
are not limited to:
(1) Antimony.
(2) Beryllium.
(3) Biamuth.
(4) Cobalt
(5) Uolybdcnum.
(6) Uranium ion.
(7) Rhenium.
(8) strontium.
(9) Tellurium.
f%Ðt ill Herbicides.
f%Tt 1ll Fungicides.
t:rT ldl Pesticides.
Sec. 18-155. Discharge of garbage.
(a) No person may discharge garbage into public sewers,
unless it is shredded to a degree that all particles can be carried
freely under the flow conditions normally prevailing in public
sewers. Particles greater than one-half inch in any dimension are
prohibited.
(b) The approving authority shall have the right to review
and approve the installation and operation of any garbage grinder
November 19, 1991
829 -
--~---
- ,~"_.._,, .... ,". __._N._.____._
._.._---.__._-,.__.~--~---~-----_.
equipped with a motor of three-fourths horsepower (0.76 hp metric)
or greater.
Sec. 18-156.
drainage.
(a) No person shall discharge into public sanitary sewers:
(1) Unpolluted storm water, surface water, groundwater,
roof runoff or subsurface drainage.
Discharge of storm water and other unpolluted
(2) Unpolluted cooling water.
(3) Unpolluted industrial process water3.
f4+121 other unDolluted drainaqe.
(b) The approving authority shall designate storm sewers and
other watercourses into which unpolluted drainage described in
subsection (a) of this section may be discharged.
Sec. 18-157. Temperature of discharges.
No person shall discharge liquid or vapor having a temperature
higher than one hundred fifty (150) degrees Fahrenheit (650
Centigrade), or any substance which causes the temperature of the
total wastewater treatment plant influent to increase at a rate of
ten (10) degrees Fahrenheit or more per hour, or a combined total
increase of plant influent temperature to one hundred four (104)
degrees Fahrenheit.
Sec. 18-158. Discharge of radioactive wastes.
(a) No person shall discharge radioactive wastes or isotopes
into public sewers, wi thout the permission of the approving
authority.
8 '3 0 .;;
November 19, 1991
(b) The approving authority reserves the right to establish,
in compliance with applicable state and federal regulations,
regulations for discharge of radioactive waste into public sewers.
Sec. 18-159 Discharge of substances capable of impairing, etc.
facilities.
(a) No person shall discharge into public sewers any
substance capable of causing:
(1) Obstruction to the flow in sewers;
(2) Interference with the operation of treatment
processes or facilities; or
(3) Excessive loading of treatment facilities.
(b) Discharges prohibited by subsection (a) of this section
include, but are not limited to, materials which exert or cause
concentrations of:
(1) Iftßcrt Inert suspended solids greater than 250 mg/1
including, but not limited to Fuller's earth, lime
slurries and lime residues.
(2) Dissolved solids greater than 500 mg/1 including,
but not limited to sodium chlorine and sodium
sulfate.
(3) Excessive discoloration including, but not limited
to dye wastes and vegetable tanning solutions.
(4) Wastes having a COD to BOD ratio greater than 5 to
1.
Industries having wastewater of this nature shall provide
pretreatment as required by the approving authority.
November 19, 1991
831'~~
~ -.- --._-- -._--,._-
-----'-"---_.__.~----~~"
(c) No person shall discharge into public sewers any
substance that may:
(1) Deposit grease or oil in the sewer lines in such a
manner as to clog the sewers;
(2) Overload skimming and grease handling equipment;
(3) Pass to the receiving waters without being
effectively treated by normal wastewater treatment
processes due to the nonamenability of the substance
to bacterial action; or
(4) Deleteriously affect the treatment process due to
excessive quantities.
(d) No person shall discharge incompatible waste into public
sewers which:
(1) Is not amenable to treatment or reduction by the
wastewater treatment processes and facilities
employed; or
(2) Is amenable to treatment only to such a degree that
the treatment plant effluent cannot meet the
requirements of other agencies having jurisdiction
over discharges to the receiving waters. Subsection
(b) (3) of this section illustrates the types of
substances intended to be regulated by this
subsection.
(e) The approving authority shall regulate the flow and
concentration of slugs when they may:
(1) Impair the treatment process;
832 -
November 19, 1991
----.-.-
(2) Cause damage to collection facilities;
(3) Incur treatment costs exceeding those for normal
wastewater; or
(4) Render the waste unfit for stream disposal or
industrial use.
Industrial operations which, on occasion, release sludges of
waterborne wastes into the sewers, or which, on occasion, release
any significant quantities of materials which adversely influence
the effectiveness of treatment in the wastewater treatment plant
shall notify the plant in advance of their release, and shall
control, at the discretion of the approving authority, the rate of
release of these wastes. permission for such planned releases
shall not be unreasonably withheld. Persons failing to comply with
these requirements shall be subject to a fine of not more than five
thousand dollars ($S,OOO) per incident, and shall also be liable
for the payment of any damages caused, either directly or
indirectly, by the unapproved discharge.
(f) No person shall discharge into public sewers solid or
viscous substances which violate subsection (a) of this section, if
present in sufficient quantity or size, including but not limited
to:
(1) Ashes.
(2) Cinders.
(3) Sand.
(4) Mud.
(S) Straw.
83 3'
November 19, 1991
(6) Shavings.
(7) Metal.
(8) Glass.
(9) Rags.
(10) Feathers.
( 11) Tar.
(12) Plastics.
(13) Wood.
(14) Unground garbage.
(15) Whole blood.
(16) Paunch manure.
(17) Hair and fleshings.
(18) Entrails.
(l9) Paper products, either whole or ground by garbage
grinders
(20) Slops.
(21) Chemical residues.
(22) Paint residues.
(23) Bulk solids.
(g) No person shall discharge into the public sewers
pollutants which cause interference or pass through.
(h) No person shall discharge into the public sewers
pollutants
with a high flow rate or concentration of conventional pollutants
as to interfere with the plant.
Sec. 18-160. Right to require pretreatment and control of, or to
834 .
November 19, 1991
reject discharges.
(a) If discharges or proposed discharges into public sewers
may deleteriously affect wastewater facilities, processes,
equipment or receiving waters; create a hazard to life or health;
or create a public nuisance; the approving authority shall require:
(1) Pretreatment to an acceptable condition before
discharge into the public sewers;
(2) Control over the quantities and rates of discharge;
and
(3) Payment to cover the cost of handling and treating
the wastes, in addition to capital costs.
(b) The approving authority shall reject wastes when he
determines that a discharge or proposed discharge is included under
subsection (a) of this section and the discharger does not meet the
requirements of subsection (a) of this section.
(c) No person shall utilize dilution as a means of treatment.
Cd} The approvinq authority shall have the riqht to determine
whether a discharqe or proposed discharae is included under
subsection Ca} of this section.
Sec. 18-161. Design, installation and maintenance of pretreatment
and control facilities.
(a) If pretreatment or control is required, the approving
authority may, at his sole discretion, require, review and approve
the design and installation of equipment and processes. The design
and installation of such equipment and processes shall conform to
all applicable statutes, codes, ordinances and other laws,
November 19, 1991
83 5
including Federal Categorical Pretreatment standards.
(b) Any person responsible for discharges requiring
pretreatment, flow-equalizing or other facilities shall provide and
maintain the facilities in effective operating condition at this
own expense.
Sec.18-162. Requirements for traps.
(a) Discharges requiring a trap include:
(1) Grease or waste containing grease in excessive
amounts;
(2) Oil;
( 3 ) Sand;
(4) Flammable wastes; and
(S) Other harmful substances.
(b) Any person responsible for discharges requiring a trap
shall, at his own expense and as required by the approving
authority:
(1)
(2)
Provide equipment and facilities of a type and
capacity approved by the approving authority;
Locate the trap in a manner that provides ready and
easy accessibility for cleaning and inspection; and
Maintain the trap in effective operating condition.
Measurement, sampling, etc., and report of
(3)
Sec. 18-163.
discharges.
(a) The owner of each facility discharging other than normal
wastewater or discharging Class A wastewater shall submit monthly,
or at such other frequency as may be required by the approving
8 3 6 ~~
November 19, 1991
authority, to the County, on forms supplied by the County, a
certified statement of the quantities of its wastes discharged into
the sewers and sewage works of the County or into any sewer
connected therewith. Copies of pertinent water bills may be
required to be submitted with the above statement. Such documents
shall be filed with the County not later than the tenth day of the
following month. A separate statement shall be filed for each
industrial plant. The total quantities of wastes to be measured
and certified by the person so discharging shall be established by
the approving authority and shall, as a minimum, include:
(1) Liquid in gallons.
(2) Five-day BOD in pounds.
(3) Suspended solids in pounds, on a dry solids basis.
(4) Total phosphorus in pounds.
(S) Total Kjeldahl nitrogen in pounds.
(6) COD in pounds.
(b) Unless otherwise provided, each measurement, test,
sampling, or analysis required to be made hereunder shall be made
in accordance with 40 C.F.R. Part 136, as amended.
(c) In order to provide for accurate sampling and measurement
of industrial wastes, each person discharging Class A wastewater
shall provide and maintain, on each of its industrial waste outlet
sewers, a large manhole or sampling chamber to be located outside
or near its
plant boundary line, where feasible. If inside the plant fence,
there shall be a gate near the sampling chamber with a key
November 19, 1991
837 .,
-
furnished to the County. There shall be ample room provided in
each sampling chamber to enable convenient inspection and sampling
by the County.
(d) Each sampling chamber shall contain a Parshall flume,
accurate weir or similar device, with a recording and totalizing
register for measurement of the liquid quantity; or the metered
water supply to the industrial plant may be used as the liquid
quantity, where it is substantiated that the metered water supply
and waste quanti ties are approximately the same, or where a
measurable adjustment can be made in the metered supply to
determine the liquid quantity.
(e) Samples shall be taken every hour, properly refrigerated
and composited in proportion to the flow for a representative
twenty-four (24)hours sample. For oil and grease, pH, phenols,
cyanide, volatile toxic organic and other appropriate pollutants,
property grab sampling shall be performed. Each sampling shall be
repeated on as many days as necessary to insure representati ve
quantities for the entire reporting period. Industrial plants with
wide fluctuations in quantities of wastes shall provide an
automatic sampler paced automatically by the flow-measuring device.
(f) Minimum requirements for representative quantities under
this section shall include re-evaluation during each twelve (12)
month period. The determination of representative quantities shall
include not less than seven (7) consecutive days of twenty-four
(24) hour composite samplings, taken during periods of normal
operation, together with acceptable flow measurements. The
83 8 '-~
November 19, 1991
frequency of sampling, sampling chamber, metering device, sampling
methods and analyses of samples shall be subject, at any time, to
inspection and verification by the County. Sampling and measuring
facilities shall be such as to provide safe access for authorized
personnel of the County for making such inspection and
verification.
(g) Plans for sampling chambers, with their locations shown
on a site plan, shall be submitted to the County for approval.
(h) All owners of facilities governed by this section shall
also comply with any applicable Monitoring Requirements and
Regulations established by the approving authority which are hereby
incorporated by reference.
(i) All owners of facilities governed by this article shall
comply with the applicable requirements of 40 C.F.R. 403.12 as
amended, which is incorporated by reference herein, including,
without limitation, the signatory, certification and record keeping
requirements of 40 C.F.R. 403.12 (c), (d), (i), and (l). All
records shall be retained for a minimum of three years and this
retention period shall be extended during litigation or upon
request of the approving authority.
1il Samplinq for discharae limit compliance shall be taken
at the samplina chamber without anv dilution factor except for
properlY classified cateqorical or sianificant users.
1kl Samplinq for prohibited materials mav be collected at
either the samplina chamber or end of process to determine the
absence of the prohibited material.
November 19, 1991
83 9 ""
-
Sec. 18-164. Discharge permits for industrial waste.
(a) The eoeftty may, ift its sole diacretioft,
ftofttraftsferaBle permit to dischar~e to ißduatrial ~Bera
the criteria of thia chapter, provided that the ißdustry:
(1) not requiriß~ pretreatmeßt, s~Bmita aß applicatioft 9..;ithiß
ofte huftdred t'Weftty (129) daya after July 1, 1986, Oft
forms supplied BY the approvin~ authority. The county
will proceas the application ~ithin sixty (60) days.
(2) Requirin~ pre.treatme.ßt, sUBmits a pe.rmit applicatioft
within oße h~ßdre.d e.iqhty (180) daya afte.r July 1, 1986,
Oft forms aupplied BY the approvin~ authority. The
iftdustry will rccei vc approval or disapproval BY the
appro9;iß~ aathority of plans and specificatiofts for
pre.tre.atme.ftt facilities within sixty (60) days. If a
permit applicatioft ia not approved the second time, the
iftduatrial uscr must terminate. discharqe. ufttil an
approved pcrmit application ia rece.ived. The
prctre.atmeftt facilities must Be constructed withift oße
huftdre.d e.iqhty (180) days from the. appro~~a 1 of the pe.rmi t
applicatioft.
(3) lIas complied with all require.me.nts for the. dischar~e
permit iftchuiiß~, But not limited to, prmriaiofts for
payme.ftt of ehar~e.s, iftstallatioft aftd operation of
prctreatmcftt facilitics aftd saJftplift~ and aftalysis to
determiftc ~uafttity aftå strcft~th.
Ejraftt a
ty'ho meet
(4) Provides a samplift~ poiftt sUBjcct to the provisiOftB of
84 0 ..
November 19, 1991
thiß articlc and approval of thc appro7in~ authority.
(5) COB\f'lic:3 with thc rcquircHlcftt3 of ftldcral catcgorical
standardß, whcrc applicahlc, includift~ thc dc?clopHlcftt
af afty rcqaircd c6Hlf'liancc :3chcdulcß or thc applicahle
pro7iaiona af thia articlc.
(a) It shall be unlawful for anv sianificant industrial user
or other user as determined bv the approvinq authoritv to discharae
industrial waste into the public sanitary sewer system unless an
appropriate Industrial Discharqe Permit has been issued by the
approvinq authoritv. In order to obtain an Industrial Discharqe
Permit. such person shall:
ill Submit a complete application at least ninetv (90)
days prior to the date proposed for initial
discharqe on forms supplied bv the approvinq
authority. The approvinq authority will act upon
the application within sixty (60) days.
l1l. ComplY with all requirements for the discharqe
permit includinq. but not limited to. provisions for
payment of charqes. installation and operation of
pretreatment facilities and samplinq and analvsis
to determine quantity and strenqth.
11l Provide a samplinq point subiect to the provisions
of this article and approval of the approvina
authoritv.
íil Complv with the requirements of federal cateaorical
standards. where applicable. includina the
November 19, 1991
B 4 1 ';J
-
deyelopment of any reauired compliance schedules or
the applicable provisions of this article.
(b) An industrial user applying for a new discharge shall
meet all conditions of subsection (a) of this section and shall
secure a permit prior to discharging any waste.
(c) A person not applying for a discharge permit within the
allotted time and continuing to discharge an unpermitted discharge
shall be deemed to be in violation of this article.
(d) A permit issued under this section shall be valid for Yn
to five (S) years from its date of issuance, after which time the
industrial user shall be required to obtain a new discharge permit.
(e) The approving authority shall have the right to accept
or reject any increases in flow or pollutants under existing or new
permits.
Sec. 18-165. Waiver or modification of requirements of article.
The approving authority shall have the right to waive or
modify, on an interim basis to be noted in any permit issued under
this article, the requirements of this article as they pertain to
strength of
contaminants. No such waiver or modification shall be granted
contrary to any County, state or federal regulation and no waiver
or modification shall be granted, if it would result in the
violation of the discharge permit for the plant, as it is now
issued or as such permit may be amended.
Sec. 18-166. Charged generally.
Persons making discharges of industrial waste shall pay a
842'J
November 19, 1991
charge to cover the cost of collection and treatment in addition
to capital costs. When a permit application for industrial waste
is approved, the County or its authorized representative shall
issue a permit stating:
(a) The terms of acceptance by the County; and
(b) The basis of payment.
Sec. 18-167. User charges and added costs.
(a) If the volume or character of the waste to be treated by
the plant meets the requirements of other provisions of this
article and does not cause overloading of the sewage collection,
treatment or disposal facilities of the County, the approving
authority shall require that the discharger pay a charge to be
determined from the schedule of charges which shall include capital
costs.
(b) If a proposed discharge of waste is responsible for
exceeding the existing capacity of the wastewater treatment
facilities and the wastewater treatment plant must be upgraded,
expanded or enlarged in order to treat the wastewater, the
approving authority shall require that the discharger pay in full
all added costs which shall include capital costs the County may
incur due to acceptance of the wastewater.
(c) The schedule of charges pursuant to subsection (a) of
this section shall include, but not be limited to:
(1) Capital costs, including debt retirement and
interest on debt, of the County's cost on all
capital outlays for· collecting and treating the
November 19, 1991
843 -
waste, including new capital outlay and the
proportionate part of the value of the existing
system used in handling and treating waste.
(2) Operation and maintenance costs (capitalized),
including but not limited to, salaries and wages,
power costs, costs of chemicals and supplies, proper
allowances for maintenance, depreciation, overhead
and office expense.
Sec. 18-168. Schedule of charges.
(a) Persons discharging wastewater shall pay a charge to
cover the capital cost and the cost of collection and treatment of
all wastewater discharged.
(1) All Class I users discharging normal wastewater or
Group B wastewater shall pay a user charge computed
upon cost per volume of wastewater discharged.
(2) All Class II users discharging Group A wastewater
shall have their user charge computed upon a cost
per unit volume basis for the amount plus the unit
cost of treatment for allover the base amount for
volume, biochemical oxygen demand (BOD), suspended
solids (SS), phosphorus (P) and total Kjeldahl
nitrogen (TKN). In computing the contaminant
loading, the parameter concentrations for normal
wastewater will be considered as standard strength
in determining the base amount in the effluent
discharge flow.
84 4 ~
November 19, 1991
Initially, the responsibility for determining the contaminant
loading for each category of establishment will be that of the
approving authority. However, each establishment must verify its
own contaminant loading monthly by initiating a sampling and
analytical program at its own expense and with the approval of the
approving authority.
(b) The units costs to be used to compute the charge for
Class I and II users shall be established by the approving
authority. The unit costs for all users and the allowances for
normal wastewater for users may be revised as necessary to
correspond to current costs and experience. Revisions may be made,
no more often than once a year, upon approval of the approving
authority. The user charge for users shall be computed as follows:
Class I Users:
C = V x Vd
u u
Class II Users:
C = V x Vd + V V + B B + S S + P P + N N
s u s c s c s c s c s c
And:
Cu Charge for Class I users
Cs = Charge for Class II users
V u = unit cost of treatment chargeable to normal wastewater
($/1,000 gal.)
Vd = Volume of wastewater from normal wastewater (1,000 gals.)
Vs = Volume of Class II wastewater (1,000 gals.) in excess of Class
I wastewater
November 19, 1991
845 ~
----
v = Cost of treating 1,000 gals. of Class II wastewater ($/1,000
c
gal. )
Be Clal3B II wastewater BOD cOßtributiaß iß eXCeBI3 of ClaBI3 I
Yal3te~ater limit (lBB.)
B = Class II wastewater BOD contribution in excess of Class I
-§.
wastewater limit (lbs.)
BC = Cost of treating Class II BOD contribution ($/lb.)
S = Class II wastewater SS contribution in excess of Class I
s
wastewater limit (lbs.)
S = Cost of treating Class II SS contribution ($/lb.)
c
rC - CaBt af treatißg Clal3l3 II phasphorul3 caßtrieutioß ($/lb.)
£§. = Class II wastewater phosphorus contribution in excess of Class
I wastewater limit (lbs.)
N = Class II wastewater unoxidized nitrogen contribution in excess
s
of Class I wastewater limit (lbs.)
N = Cost of treating Class II nitrogen contribution ($/lb.)
c
Sec. 18-169. Adjustment of charges.
(a) The county may adjust charges at least annually to
reflect changes in the characteristics of wastewater based on the
results of sampling and testing. This adjustment will correspond
to charges established by the operating authority for the treatment
plant.
(b) The county shall review at least annually the basis for
determining charges and shall adjust the unit treatment cost in the
formula to reflect increases or decreases in wastewater treatment
costs based on the previous year's experience.
6 ~
84-
November 19, 1991
Sec. 18-170. Billing and payment of charges.
(a) The county may bill the discharger by the month or by the
quarter and shall show waste charges as a separate item on the
regular bill for water and sewer charges. The discharger shall pay
in accordance with practices existing for payment of sewer charges.
(b) In addition to sanctions provided for by this article,
the county is entitled to exercise sanctions provided for by the
other ordinances of the County for failure to pay the bill for
water and sanitary sewer service when due.
Sec. 18-171. Right of entry to enforce article.
(a) The approving authority and other duly authorized
employees of the County bearing proper credentials and
identification shall be authorized to enter any public or private
property at any reasonable time for the purpose of enforcing this
article for sampling purposes, inspect monitoring equipment and to
inspect and copy all documents relevant to the enforcement of this
article, including, without limitation, monitoring reports. Anyone
acting under this authority shall observe the establishment's rules
and regulations concerning safety, internal security, and fire
protection.
(8) Except Tn"hen cauaed by negligence or failure of the
company to maintain aafe conditions, the county ahall indemnify the
company againat loaa or damage to ita property by county employeea
and a~ainat liability claima and demanda for peraonal injury or
property damage asserted a~ainat the company and gro~ing out of a
sampling eperatieft under thia article.
November 19, 1991
84 7
1.Ql Appropriate information submitted to the aPDrovinq
authoritv pursuant to these regulations excludinq any information
utilized in determininq effluent limits mav be claimed as
confidential bv the submitter at the time of sUbmission bY stamping
the words "confidential business information" on each Daqe
containina such information. If a claim is asserted. the
information shall be treated in accordance with aPDlicable law.
(c) No person acting under authority of this section may
inquire into any processes, including metallurgical, chemical, oil
refining, ceramic, paper or other industries, beyond that point
having a direct bearing on the kind and source of discharge to the
public sewers.
(d) Appropriatc ißformatioß aubmitted to the appro7ißq
authority pursuaßt ta thcac rc~ulatiaßa cxcludißq aßY ißformation
utiliEcd iß dctcrmißiß~ cfflucßt limita may bc claimcd as
cOßfidcßtial by thc submittcr at thc time af submisaion by stampißq
thc words "coßfidcßtial busißcss ißformatioß" Oß each paEJ8
containiß~ auch ißformatioß. If a claim is aaacrted, the
ißformatioß ahall bc trcatcd iß accordaßcc with applicablc law.
Sec. 18-172. Authority to disconnect service.
(a) The county reserves the right to terminate water and
wastewater disposal services and disconnect a customer from the
system and revoke any discharge permit issued under this article
when:
(1)
Acids or
treatment
chemicals damaging to
process are released
sewer lines or
into the sewer
"':J
848
November 19, 1991
causing rapid deterioration of these structures or
interfering with proper conveyance and treatment of
wastewater;
(2) A governmental agency informs the County that the
effluent from the wastewater treatment plant is no
longer a quality permitted for discharge into a
watercourse, and it is found that the customer is
delivering wastewater to the County's system that
cannot be sUfficiently treated or requires treatment
that is not provided by the County as normal
domestic treatment; or
(3) The customer:
a. Discharges industrial waste or wastewater that
is in violation of the permit issued by the
approving authority;
b. Discharges wastewater at an uncontrolled,
variable rate in sufficient quantity to cause an
imbalance in the wastewater treatment system;
c. Fails to pay bills for water and sanitary sewer
services when due; or
d. Repeats a discharge of prohibited wastes into
public sewers.
(4) The permittee has engaged in fraudulent reporting
to the approval authority or failed to report
adequately as required changes in discharge.
(b) If the service is disconnected pursuant to subsection (a)
November 19, 1991
849 -
of this section, the County shall:
(1) Disconnect the customer;
(2) Supply the customer with the governmental agency's
report and provide the customer with all pertinent
information; and
(3) Continue disconnection until such time as the
customer provides additional pretreatment or other
facili ties designed to remove the obj ectionable
characteristics from this wastes.
Sec. 18-173. Notice of violations
The county shall serve persons discharging in violation of
this article with written notice stating the nature of the
violation and requiring immediate satisfactory compliance.
The approving authority shall have the authority to publish
annually in the Roanoke Times and World News Newspaper or a
newspaper of general circulation in the Roanoke area a list of
persons which were not in compliance with the terms of this Article
at least once during the twelve (12) previous months.
Sec. 18-174. Penalty for violations.
(a) A person who violates the provisions of this article
shall be guilty of a Class 1 misdemeanor and upon conviction is
punishable by a fine of one thousand dollars ($1,000) per violation
per day and confinement in jail for not more than twelve months,
either or both. In the event of a violation, the approving
authority shall also have the right to terminate the sewer and
water connection.
(b) In addition to proceeding under authority of sub-section
85 0 ~
November 19, 1991
----
(a) of this section, the County is entitled to pursue all other
criminal and civil remedies to which it is entitled under authority
of state statues or other ordinances of the County against a person
continuing prohibited discharges, including, without limitation,
injunctive relief.
1£l Anv person who knowinql y makes any false statements.
representations or certifications in anv apPlication. record.
report. plan or other document files required to be maintained
pursuant to this ordinance. or wastewater permit. or who falsifies.
tampers with. or knowinqlY renders inaccurate any monitorinq device
or method required under this ordinance shall. upon conviction. be
punishable bY a fine of $1.000.00 per violation. per dav. or
imprisonment for not more than one vear. or both.
19l The approvinq authoritv shall be authorized to implement
such other proqram and enforcement mechanisms as are consistent
with reaulatory auidelines and are deemed appropriate.
Sec. 18-175.
Payment of costs for work required by prohibited
deposits.
In any case where a sewer main or pipe connection is stopped,
damaged or choked by any materials or rubbish being deposited
therein contrary to the provisions of this article, by any tenant
or property owner, upon due ascertainment by the County
Administrator, he shall cause the main pipe connection or manhole
to be opened, cleaned, replaced or repaired, and shall cause the
cost for doing such work to be collected from the property owner.
The paYment of such cost shall not relieve any person from
prosecution for a violation of this article.
Sec. 18-176. Public access to data.
November 19, 1991
851 ~
------.----..--.--..-------.-.------------
Effluent data complied as part of the approving authority's
pretreatment program shall be available to the public.
2. That this Ordinance shall be in full force and effect
from and after December 1, 1991.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
None
IN RE:
APPOINTMENTS
h Court Community Corrections Policy Board
Supervisor Eddy nominated Supervisor Harry Nickens to a three-
year term expiring December 31, 1994.
~ Mental Health Services of the Roanoke Valley Board
of Directors
Supervisor Robers nominated Rita J. Gliniecki to a three-year
term expiring December 31, 1994. Clerk Mary Allen was asked to
contact MHSRV regarding a letter in February 1991 that a Board
member be appointed in the future.
~ Plannina Commission
Supervisor Robers nominated Donald R. Witt to another four-
year term expiring December 31, 1995.
IN RE:
CONSENT AGENDA
Supervisor Johnson moved to approve the Consent Agenda. The
motion was carried by the following recorded vote:
852
November 19, 1991
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
RESOLUTION 111991-14 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM K - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the certain section of the agenda of the Board
of Supervisors for November 19, 1991, designated as Item K -
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 5, inclusive, as follows:
1. Approval of Minutes - October 8, 1991, October 17,
1991, October 22, 1991, October 23, 1991
2. Ratif ication of inactive status of Health Department
Board of Directors.
3. Request to increase number of authorized vehicles
by the retention of a vehicle for use by the Read
Mountain Fire Station.
4. Donation of sanitary sewer and water easements in
connection with the Roanoke River Interceptor Phase
III Project.
5. Donation of drainage easement from Robert C. Boyd
and Lois Ann Boyd in connection with Carvins Cove
Road Drainage Project.
2. That the Clerk to the Board is hereby authorized and
directed where required by law to set forth upon any of said items
the separate vote tabulation for any such item pursuant to this
resolution.
On motion of Supervisor Johnson to adopt the resolution, and
November 19, 1991
853
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carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Suoervisor EddV: (1) Reminded the Board of the ribbon cutting
at Read Mountain Fire station. (2) Asked that the lease purchase
memorandum be placed on the December 3 agenda under Reports. (3)
Asked County Attorney Paul Mahoney to research the conflict between
the charter and state code regarding the authority of the Library
Board over the Library's direction, and whether the Library Board
could be abolished. Mr. Mahoney responded he would report back
prior to the next meeting. (4) Expressed concern about the extra
two holidays given to County employees at Christmas and the cost
to the citizens for these holidays.
SUDervisor Nickens: (1) Advised he attended the VACo Annual
Conference.
(2)
Announced that the Virginia Social Services
Department will not change the authority for investigation of child
abuse in schools.
(3) Advised that there are $13.5 million in
lottery tickets purchased in Roanoke County. He suggested that the
prize be reduced, with a share going to localities.
He also
announced he was opposed to the proposal that localities share with
the state (80-20) the costs of road maintenance.
(3) Suggested
that to avoid street signs being stolen frequently, the County may
wish to sell them to citizens who are interested in purchasing
them.
854 J
November 19, 1991
SUDervisor Johnson: (l) Asked Information Officer Anne Marie
Green to contact citizens in the Labellvue section about the new
Read Mountain Fire station. (2) Announced he had attended a
meeting in Salem on affordable housing and asked that this issue
be included at the January Board Retreat.
Suoervisor McGraw: (1) Advised there had been no agreement
yet between the VACo/VML Task Force, and (2) announced that the
employee lunch will be December 18 and the Christmas Tree Lighting
will be December 4.
IN RE:
REPORTS
Supervisor Johnson moved to receive and file the reports
after discussion of Items 6 and 9 and removal of Item 6 for a vote.
The motion carried by a unanimous voice vote.
h
~
.h.
h
~
General Fund Unappropriated Balance
Capital Fund Unappropriated Balance
Board Continqencv Fund
Accounts Paid - October 1991
Statement of Revenues and Expenditures for four
months ended October 31. 1991
Report on Monthlv utility Billinq
h
A-111991-15
Supervisor Eddy suggested a work session on this issue, but
there was no consensus to schedule one.
Supervisor Nickens moved to implement alternative 4 which
855
November 19, 1991
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'_-_'__'__"'-~--"-----~--_..._-_..,--_._.._---~..~~-.._~-----"--
offers a optional monthly billing to utility customers, but that
there be no additional personnel. The motion was carried by the
following recorded vote:
AYES:
Supervisors Robers, Johnson, Nickens, McGraw.
NAYS:
Supervisor Eddy
~ ReDort from Youth Haven II
~ Report on proposed Noise Ordinance
~ Industrial Development Authoritv 1990/91 Audit
IN RE:
EXECUTIVE SESSION
At 6:40 p.m., Supervisor Johnson moved to go into Executive
Session pursuant to the Code of Virginia 2.1-344 (a) (7) for
consultation with legal counsel and briefings by staff members
pertaining to actual or probable litigation, i.e., Grumman Fire
Equipment Company.
The motion was carried by the following
recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
EVENING SESSION
IN RE:
CERTIFICATION OF EXECUTIVE SESSION
R-111991-16
At 7:15 p.m., Supervisor Nickens moved to return to Open
Session and adopt the Certification resolution.
The motion was
carried by the following recorded vote:
85 6
November 19, 1991
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
RESOLUTION 111991-16 CERTIFYING EXECUTIVE MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant
to an affirmative recorded vote and in accordance with the
provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that, to
the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies, and
2. Only such public business matters as were identified
in the motion convening the executive meeting were heard, discussed
or considered by the Board of Supervisors of Roanoke County,
Virginia.
On motion of Supervisor Nickens to adopt the resolution,
and carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
November 19, 1991
857
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IN RE:
PROCLAMATIONS, RESOLUTIONS AND RECOGNITIONS AND AWARDS
h Resolution of AODreciation to the Roanoke County
Junior Women's Club for foundina the Roanoke County
Library System in 1933.
R-111991-17
Dot Eller, a former member of the Junior Women's Club,
received the resolution.
Supervisor Eddy moved to adopt the
resolution. The motion was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, JOhnson, Nickens, McGraw.
NAYS:
None
RESOLUTION 111991-17 OF APPRECIATION TO THE
ROANOKE COUNTY JUNIOR WOMEN'S CLUB
FOR FOUNDING THE ROANOKE COUNTY LIBRARY SYSTEM
WHEREAS, a free public library system is one of the most
important services that can be provided by a local government; and
WHEREAS,
the Roanoke County Junior Women's Club was
responsible for founding the public library system in Roanoke
County in 1933, with a donation of 350 books and space in their
clubhouse; and
WHEREAS, the library at the Conehurst Clubhouse served
between 40 and 50 patrons per day during its first decade; and
WHEREAS, through the years, the Club was responsible for
donating books, facilities and workers to the library system; and
WHEREAS,
the Roanoke County Library System currently
stocks over 230,000 books and serves over 1,500 people per day, and
is one of the most popular services provided to citizens of Roanoke
a58
November 19, 1991
County.
NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County
Board of Supervisors, on its own behalf, and on behalf of every
resident of the Roanoke Valley, does hereby extend its sincerest
appreciation to the ROANOKE COUNTY JUNIOR WOMEN'S CLUB for
foresight and dedication in founding the Roanoke County Library
System; and further
BE IT RESOLVED, that the Board of Supervisors wishes
continued success to the Roanoke County Junior Women's Club in all
future projects.
On motion of Supervisor Eddy to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS: None
IN RE: SECOND READING OF ORDINANCES AND PUBLIC HEARINGS
1191-1 An Ordinance to rezone 2.9 acres from M-2 to R-E to
brina an existina nonconformina use into conformance
with the zonina ordinance located at 5266 West River
Road. Catawba Maaisterial District. uoon the
Detition of Roanoke County Plannina Commission.
0-111991-18
Supervisor McGraw moved to adopt the ordinance. The motion
was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
November 19, 1991
859 '
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ORDINANCE 111991-18 TO CHANGE THE ZONING
CLASSIFICATION OF A 2.9 ACRE TRACT OF REAL
ESTATE LOCATED AT 5266 WEST RIVER ROAD (TAX
MAP NO. 64.04-4-19.1) IN THE CATAWBA
MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF M-2 TO THE ZONING
CLASSIFICATION OF R-E UPON THE APPLICATION OF
THE ROANOKE COUNTY PLANNING COMHISSION
WHEREAS, the first reading of this ordinance was held on
October 22, 1991, and the second reading and public hearing was
held November 19, 1991; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on November 7, 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:
l. That the zoning classification of a certain tract of real
estate containing 2.9 acres, as described herein, and located at
5266 West River Road, (Tax Map Number 64.04-4-19.1) in the Catawba
Magisterial District, is hereby changed from the zoning
classification of M-2, General Industrial District, to the zoning
classification of R-E, Residential Estate District.
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:
STARTING at the old double locust tree at the
southwest corner of the property now or
formerly owned by Frank D. McDaniel (see DB
766, page 229); thence with the dividing line
between the said McDaniel property and the
property of Daniel Warren King (DB 761, page
~---~-------_._-_._-~-_.__.._----
860
November 19, 1991
141), N. 13 deg. 31 min. 57 sec. W. 227.53
feet to the PLACE OF BEGINNING of the herein-
described parcel of land, shown as 1-inch Rod
Set at fence line ints.; thence wi th the
boundary line between the subject property and
the property of Daniel Warren King hereinabove
mentioned, s. 76 deg. 25 min. 42 sec. W.
212.82 feet to a point located at a fence
post; thence with a new division line of the
original 5.658 acre tract of land, and along
a fence, N. 12 deg. 51 min. 05 sec. W. 441.55
feet to an iron pipe set at fence post; thence
N. 19 deg. 01 min. 35 sec. W. 18.96 feet to an
iron pin which also constitutes the
northeasterly corner of the 2.749 acre parcel;
thence N. 10 deg. 01 min. 24 sec. W. 224.26
feet as it intersects a power line to an iron
pin found on the 50-foot right-of-way on the
southerly side of Virginia state Route 639
(0.8 mile to virginia state Route 649); thence
along the southerly side of said road, the
following five courses and distances: S. 72
deg. 20 min. 38 sec. E. 57.12 feet (again
intersecting with the power line aforesaid and
with a drive) to a point, S. 64 deg. 53 min.
28 sec. E. 48.99 feet to a point, S. 59 deg.
47 min. 34 sec. E. 40.19 feet to a point, s.
55 deg. 36 min. 42 sec. E. 47.91 feet to a
point, and 50 deg. 04 min. 03 sec. E. 79.61
feet, intersecting with a 10-foot gravel drive
to a point located approximately 11 feet from
a chain link fence post in cinder block;
thence leaving said state Secondary Route 639
and with the division line of the subject
property and the McDaniel property aforesaid
S. 13 deg. 31 min. 57 sec. E. 496.61 feet,
through the middle of a shed to the PLACE OF
BEGINNING and containing 2.909 acres, as shown
on plat prepared by David B. Scott, C.L.S.,
dated April 18, 1983.
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 McGraw to adopt the ordinance, and
November 19, 1991
~
861
_~·'~__~·____~M___"____~.-.__,.
_. -,.- -.,.-
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carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
1191-2
An ordinance to rezone 12.387 acres from A-1 and M-
2 to A-1 to brina an existina nonconformina use into
conformance with the zonina ordinance. located 0.8
mile northeasterlY from the Doint of intersection
of Berkley Road. vinton and Hollins Maaisterial
District. UDon the Detition of Roanoke County
Plannina Commission.
0-111991-19
Supervisor Nickens moved to adopt the ordinance. The motion
was carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS:
None
ORDINANCE 111991-19 TO CHANGE THE ZONING
CLASSIFICATION OF A 12.387 ACRE TRACT OF REAL
ESTATE LOCATED 0.8 MILE NORTHEASTERLY FROM THE
POINT OF INTERSECTION OF BERKLEY ROAD AND
NORFOLK' SOUTHERN RAILWAY (TAX MAP NO. 50.03-
1-7) IH THE VINTON AND HOLLINS MAGISTERIAL
DISTRICTS FROM THE ZONING CLASSIFICATION OF A-
1 AND M-2 TO THE ZONING CLASSIFICATION OF A-
1 UPON THE APPLICATION OF THE ROANOKE COUNTY
PLANNING COMMISSION
WHEREAS, the first reading of this ordinance was held on
October 22, 1991, and the second reading and public hearing was
held November 19, 1991¡ and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on November 7, 1991; and,
862
November 19, 1991
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 12.387 acre, as described herein, and located 0.8
mile northeasterly from the point of intersection of Berkley Road
and Norfolk & Southern railway, (Tax Map Number 50-03-1-7) in the
Vinton and Hollins Magisterial Districts, is hereby changed from
the zoning classification of A-1, Agricultural District, and M-2,
General Industrial District, to the zoning classification of A-1,
Agricultural District.
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:
BEGINNING at a set iron on the northeasterly side of now
or formerly Norfolk and Western Railway said point being
located 0.8 mile northeasterly from the point of
intersection of Berkley Road, said point further being
the northerly corner of property of Joe Helms & Sons,
Inc. (DB 1253, page 1); thence with the northeasterly
side of the Norfolk and Western Railway N. 42 deg. 27
min. 25 sec. E. 330.90 feet to a found iron rod; thence
leaving the said now or formerly Norfolk and Western
Railway S. 48 deg. 07 min. 40 sec. E. 469.22 feet to a
set iron; thence N. 40 deg. 19 min. 20 sec. E. 81.26 feet
to a set iron; thence S. 48 deg. 07 min. 40 sec. E.
666.94 feet to a concrete monument (IM-303B) located on
the northwesterly line of property of Blue Ridge Parkway;
thence with the same S. 11 deg. 39 min. 15 sec. 399.93
feet to a concrete monument (IM-303A) located on the line
of property of the aforesaid Joe Helms & Sons, Inc.;
thence with the same S. 62 deg. 45 min. 10 sec. W. 172.89
feet to a 20-inch ash with old marks; thence still with
property of Joe Helms & Sons, Inc. and generally
following traces of an old fence N. 43 deg. 52 min. 25
November 19, 1991
863
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sec. w. l280.53 feet to the PLACE OF BEGINNING and
containing 12.387 acres as shown on survey for Frank P.
Ognibene and Dorothy Ognibene dated 4 June 1990, made by
Mountain Top Surveyors, Inc. and further known as Tax Map
No. 50-03-1-7.
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 Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw
NAYS:
None
IN RE:
PUBLIC HEARINGS
1191-3
Petition of Roanoke County Resource Authority to
amend the SDecial ExceDtion Permit conditions and
oDeratina Dolicies for the smith GaD Landfill.
located on the northwest side of Fort Lewis Mountain
between Smith GaD and Bradshaw Road. catawba
Maaisterial District.
Planning Director Terry Harrington advised that the Planning
Commission made several minor changes and Assistant County
Administrator John Hubbard advised that staff would make several
changes to clarify the document.
The following citizens spoke. They expressed concern about,
and asked for a better description of the corridor which will be
provided groundwater and property value protection; and the
8 6 It 14i
November 19, 1991
---
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possibility of erosion and flooding. They were not sure of the
exact area which will recei ve groundwater and property value
protection.
1. David Romnev. 4575 North Fork Road. Elliston. Va.
2. Pat Lavery. 4769 North Fork road. Elliston. Va.
3. Kitty Harman. 4741 North Fork Road. Elliston, who
presented letters from other area residents.
4. Louise Spanqler. 4731 North Fork Road. Elliston. Va.
Following discussion describing the protected corridor and the
possibility of extending that corridor, Supervisor Eddy moved to
continue the public hearing to December 3, 1991. The motion was
carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
None
Mr. Hubbard was asked to respond to the citizens' questions
prior to the next meeting.
IN RE:
FIRST READING OF ORDINANCES
h Ordinance authorizina the exchanae of easements
between CWY. Inc. and the County of Roanoke in
connection with Berkley Court Subdivision and
Vinyard Park.
Supervisor Nickens moved to approve first reading. The motion
was carried by the following recorded vote:
AYES:
NAYS:
Supervisors Eddy, Robers, Nickens, McGraw.
None
November 19, 1991
86í
-- -.-,.----
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_~".__ '_·H ~~,
ABSTAIN: Supervisor Johnson
IN RE: NEW BUSINESS
.L.. Notice of Protest reaardina the DroDosed ADDalachian
Power COmDany Transmission Line
Supervisor Eddy advised that a Notice of Protest regarding
the proposed APCO Transmission Line that will go through Roanoke
County must be filed by December 2, 1991, and suggested that the
Board of Supervisor go forward with a letter of protest. Chairman
McGraw directed County Attorney Paul Mahoney to prepare a
"friendly" Notice of Protest.
~ Action reaardina Dotential litiaation with Grumman
EauiDment.
Supervisor Nickens moved to file the necessary legal documents
against Grumman Equipment Company to cover the loss of the fire
equipment. The motion was carried by the following recorded vote:
AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw.
NAYS: None
IN RE: CITIZENS COMMENTS AND COMMUNICATIONS
1. W. H. HIGHFILL. JR. spoke in support of the Social Service
Department investigating child abuse cases in school systems rather
than school systems handling the investigation. He asked the Board
of Supervisors to reconsider their previous decision of taking no
official action on this issue.
Supervisor Robers moved to reconsider action taken on October
22, 1991. The motion was carried by the following recorded vote:
AYES:
Supervisors Robers, Nickens, McGraw.
866
November 19, 1991
~- ~ -,--~- ".
>--
no _..._ ._~__ __
-
NAYS:
Supervisors Eddy, Johnson
Supervisor Nickens moved to approve the Social Services Board
position that investigation of child abuse in school systems be
investigated by Social Services rather than School Boards, and that
letters be sent to the appropriate individuals advising them of
this action.
The motion was carried by the following recorded
vote:
AYES:
Supervisors Robers, Nickens, McGraw.
NAYS:
Supervisors Eddy, Johnson
IN RE:
WORK SESSION
.L.
Desian and ODeration of the Treatment Plant - SDrinq
Hollow Reservoir
utility Director Clifford Craig presented three alternate
sites for the Treatment Plant:
(1) the Salem site at a cost of
$2.5 million; (2) the Bendix Site at a cost of $2.9 million, and
(3) the West Site at a cost of $1.48 million.
He advised that
staff recommends the West Site.
IN RE:
REGULAR SESSION
At 10: 30 p. m., Supervisor Nickens moved to return to
Regular Session. The motion carried by a unanimous voice vote.
Supervisor Nickens moved to authorize the County Administrator
to move forward with test borings on the West site, provided there
is no interest by the City of Salem to jointly participate in the
Salem site, and that staff proceed to secure an option for the land
subject to the appropriate testing and approval by the Board of
November 19, 1991
867 -
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Supervisors.
The motion was carried by the following recorded
vote:
AYES: Supervisors Robers, Johnson, Nickens, McGraw.
NAYS: None
ABSTAIN: Supervisor Eddy
IN RE: CONTINUATION OF WORK SESSION
At 10:35 p.m., Supervisor Johnson moved to return to the Work
Session. The motion was carried by the following recorded vote:
AYES: Supervisors Robers, Johnson, Nickens, McGraw.
NAYS: None
ABSTAIN: Supervisor Eddy
Mr. Craig advised he would like to form a design engineering
team made of engineers from the County staff and consul ting
engineers in the Roanoke Valley for the design and construction of
the treatment plan. He estimated the costs of the design at $1
million with a time frame of 13 to 14 months.
Supervisor Eddy expressed concern at this approach, suggesting
a search for design firms.
Mr. Hodge advised he would bring a
concept plan back to the Board on December 3, and would prepare a
specific proposal for the inhouse design plan.
IN RE:
ADJOURHKENT
At 10:50 p.m., Supervisor Robers moved to adjourn. The
motion carried by a unanimous voice vote.
J~ td. l7/{¿: ~)m.!L
Steven A. McGraw, Chairman
_._-,---~_._-