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6/24/1986 - Regular ~ 7 20 June 24, 1986 --- - -- _.. "'_4' - -....-- ----.-..._._..~- --- - --...... -.. --..- ..-. '0_._- ___.. "___ - -.- - ...-~. --- - -- --- -- ------. -.- ----....---. - --' - _...----'. .- ._......__ . U ..~ ...,--. - I Roanoke County Board of Supervisors Roanoke County Administration CenteI 3738 Brambleton Avenue, SW Roanoke, Virginia 24015 June 24, 1986 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the second regularly scheduled meeting of the month of June, 1986. IN RE: CALL TO ORDER Chairman Brittle called the meeting to order at 2:00 I p.m. The roll call was taken. MEMBERS PRESENT: Chairman Alan H. Brittle; Vice-Chairman Bot Johnson; Supervisors Harry C. Nickens, Lee Garrett, and Steven A. McGraw MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; John Hubbard, Assistant County Administrator of Public Facilities; John Chambliss, Assistant County Administrator of Management Services; Tommy Fuqua, Fire and Emergency Services Coordinator; Sheriff o. S. Foster; Bonnie Newlon, Department of Development; D. Keith Cook, Director of Human Resources; Timothy W. Gubala, Assistant County Administrator of Community Development; Sally Turner, Public Information Officer; Bobbie Hall, Deputy Clerk; Mary Allen, County Administrator's Staff I IN RE: OPENING CEREMONIES The invocation was given by the Reverend Charles R. Doyle of Hollins Road Baptist Church. The Pledge of Allegiance was recited by all present. ~ "..--- 7 21 June 24, 1986 I IN RE: WORK SESSION ON THE DEVELOPMENT OF A WATER SUPPLY IN WESTERN ROANOKE COUNTY Mr. Hodge, County Administrator, reported that this I work session would be for informational purposes only and that action would be taken during the regular board meeting. He also reported that this is an issue that must be addressed now because of the long lead time involved in implementing the program adopted by the Board. The cities of Roanoke and Salem have expressed their support to Mr. Hodge. Mr. Randy Smith of the City of Salem and representatives from Hayes, Seay, Mattern & Mattern were present. John Hubbard, Assistant County Administrator of Public Facilities, reported that an additional water supply to supplement Carvins Cove and the Roanoke River is needed as soon I as possible since Carvins Cove has dropped 18 feet and the flow of the Roanoke River is the lowest it has been in 30 years. The County has also lost wells to petroleum contamination, has lost production in wells that total almost 1 million gallons per day which is a great loss since the County generally pumps only 3 to 4 million per day from those wells. A new water supply is necessary to eliminate some of these unstable supplies and provide an opportunity to regionalize distribution systems. Mr. Hubbard and his staff have studied four alternatives to the water problems: 1) A Roanoke River/Carvins Cove Interconnection; 2) A dam and reservoir on Back Creek; 3) Drawing water from Smith Mountain Lake and pumping it back up; and 4) West County Reservoir placed at Spring Hollow where there is approximately I Reservoir. The best option appears to be the West County 650 acres of drainage area. There are no family residences in this area. There is one mobile home that is vacant and the owners have agreed to move the mobile home off of this site. Appalachian Power Company has a substation near the site but ~ 722 ~ June - -- --.---.-.-----.--..'- ,-...-.,. ... 24, 1986 . _._~..~__.~""..'._.___.._...__..___.___.__.~..__.L._ . _ __n__.... ._. .·.__~__..___·'_H_~__'·_ ____._.~__~.'"_._~_~.._.__"'__"_ should not have to move any power lines. There is also a natura gas line that will have to be relocated but this has been settle I with the appropriate authorities. Mr. Hubbard reported that the County already has options on most of the property in that area and approval to exercise three of those options. Mr. Jim Strickland and Mr. John Bradshaw of Hayes, Seay, Mattern, and Mattern were present to background the Board on their study of the site. Mr. Bradshaw presented a draft document with the soil appendix. He also presented a hydrograph showing water flow compared to water needs. He reported that the water treatment plant will draw water from the river and only during extremely dry periods, will it draw from the reservoir. Mr. Bradshaw also reported that from their studies this reservoir is a viable project, it is engineeringly sound, and it is to the economic I benefit of the County and the Valley. He also recommended the use of a side-stream reservoir and a rock-fill dam. Mr. Hodge recommended the phase approach of which the first phase will pump 18 million gallons of water per day which will serve the water needs for approximately the next 20 years. He reported that the exact design will take place after voter approval and determination of participation of the cities of Roanoke and Salem. If approved, specific design may begin in early spring. IN RE: REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF AGENDA ITEMS I Chairman Brittle reported that Ms. Ruth Lipnick, who was scheduled to speak at 3:00 p.m., will speak to the Board on July 22, 1986, at 7:00 p.m. He also announced that Item N3, public hearing of H. B. Hodges will not be heard this evening du to a request of the petitioner. 7 23 June 24, 1986 N RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS Chairman Brittle presented a resolution of appreciation I o Velvet Nelson upon her retirement from Roanoke County. hairman Brittle moved to approve the prepared resolution. The otion was seconded by Supervisor Nickens. RESOLUTION 6-24-86-134 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO VELVET E. NELSON FOR THIRTEEN YEARS OF SERVICE TO ROANOKE COUNTY WHEREAS, Velvet E. Nelson was first employed in eptember of 1972 as a Deputy in the Office of the Commissioner f the Revenue; and WHEREAS, Velvet E. Nelson has also served under the irector of Finance; and WHEREAS, she has provided invaluable assistance to a I segment of our population by administering Roanoke ounty's Tax Relief Program for elderly and handicapped citizens; NOW, THEREFORE, BE IT RESOLVED that the Board of upervisors of Roanoke County expresses its deepest appreciation nd the appreciation of the citizens of Roanoke County to Velvet . Nelson for thirteen years of capable, loyal and dedicated ervice to Roanoke County. FURTHER, the Board of Supervisors does express its best ishes for a happy, restful, and productive retirement. n motion of Supervisor Brittle, seconded by Supervisor Nickens nd the following recorded vote: YES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle I AYS: None N RE: NEW BUSINESS 1. Approval of Fire Contract with the City of Salem - ommy Fuqua, Fire and Emergency Services Coordinator, reported 724l June 24, 1986 -. - -- - -~--- -- .. ._- ---". --..-.-....... -- ,_..~~-, ._..._ _'L.._ --- -- -- p.-_. ."~' ___ ....__._____.'..____. "4" ~.. ..._.. ___ .__ ._ -. I that the City of Salem did approve the proposed contract at thei meeting on June 23, 1986. This contract provides that $1,900 would be paid per call anytime the City of Salem answers a call in the County of Roanoke and any time that the County answers a call in the City of Salem. There are currently funds in the budget to offset any costs incurred, but this fee should be cancelled out because of the calls answered by the City of Salem for Roanoke County and the calls answered by the County of Roanoke for the City of Salem. Mr. Mahoney reported that the contract should be amended on the second page, paragraph 5, line 3 "requiring fire suppression apparatus" after the word "call". This is intended to limit reimbursement to those situations or fire incidents where fire suppression equipment is used. Supervisor McGraw moved to approve staff's recommendation. The motion was seconded by Supervisor Garrett and carried by a unanimous roll call vote. 2. Adoption of the Reorganization of Fire and Rescue Department - Mr. Hodge reported that he has worked with Tommy Fuqua and his staff to create the proposed reorganization. He recognized Larry Wirt, Rescue Squad Captain; Don Gillespie, Head of the Chiefs Board; Rev. Buck Buchanan, President of Fire and Rescue #5; and Steve Poff, Captain for their hard work and dedication on this project. This reorganization would appoint Tommy Fuqua as Chief of Fire and Rescue. He also reported that the Rescue Captains gave unanimous support of the reorganization The volunteer fire departments were also supportive with only on~ abstention due to a technicality. Supervisor Garrett moved to approve the prepared resolution providing for the establishment of a fire and rescue department, the appointment of a Chief, and the authorization to promulgate regulations to promote fire and rescue safety purpose . The motion was seconded by Supervisor McGraw. I I ~ 725 June 24, 1986 RESOLUTION 6-24-86-136 PROVIDING FOR THE ESTABLISHMENT OF A FIRE AND RESCUE DEPARTMENT, THE APPOINTMENT OF A CHIEF AND THE AUTHORIZATION TO PROMULGATE REGULATIONS TO PROMOTE FIRE AND RESCUE SAFETY PURPOSES I WHEREAS, Chapter 2 of Title 27 of the 1950 Code of Virginia, as amended, provides certain statutory authority to the governing bodies of counties, cities and towns to establish fire departments, to empower the making of certain rules, regulations, and procedures, to appoint a chief and such other officers, to approve the formation of volunteer fire companies and volunteer rescue squads, to provide suitable equipment, and to take such other acts concerning fire protection and rescue services for the public health, safety and welfare of its citizens; and WHEREAS, it is the intent of this resolution to imple- ment a portion of the Public Safety Master Plan for Roanoke County, Virginia to assist, improve and coordinate fire protection and rescue services for the benefit of the citizens of I the County. NOW, THEREFORE BE IT RESOLVED by the Board of Super- visors of Roanoke County, Virginia as follows: 1. That there is hereby established as a department of County government a fire and rescue department and it shall be named or designated consistent with the names of other County governmental units or departments. This department shall be re- sponsible for all fire fighting and rescue activities in Roanoke County, Virginia. 2. That the head of this fire and rescue department shall be known as the Chief of Fire and Rescue Department, and shall be appointed by the County Administrator with the I concurrence of the Board of Supervisors. 3. That the Chief shall promulgate such rules, regulations, and procedures to promote the objectives of fire protection and rescue services for Roanoke County. ~ 726 June 24, 1986 ,.--..- .-., - I On motion of Supervisor Garrett, seconded by Supervisor McGraw and upon the following recorded vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittl NAYS: None Mr. Hodge recognized the Roanoke County Rescue Squads for receiving an Outstanding Service award from the Transportation Safety Commission. The award was given for their efforts during the November, 1985 flood. Mr. Larry wirt presented the plaque to the Board and requested that it be place at the Administration Center. It was also reported that the Roanoke County Fire Departments also received an Outstanding Service Award from the Transportation Safety Commission. 3. Pro osed Establishment of a Roanoke Count Police Department - Mr. Hodge reported that funding for the Sheriff's Department would be from the State Compensation Board and from the Criminal Justice Board for the Police Department. Approximately 100 people will be transferred from the Sheriff's Department to the Police Department. The loss of funding from the Compensation Board will be offset by the increase funding from the Department of Criminal Justice. The State Department Criminal Justice presented an estimate of funding which ranges from a loss of revenue in the vicinity of $70,000 to a potential gain of as much as 400,000.00 or 500,000.00. Staff feels very comfortable that there may be as much of an increase as $100,000 but not $500,000. permission from the School Board has been granted to use Southview School as a Public Safety Building. T proposal is to place the newly formed Police Department in southview School along with the Fire Department, Rescue Operations, the Communications Center, and Data Processing. If this proposal is approved by the voters, an Advisory Committee will be established co-chaired by Mr. Hodge and Sheriff Foster, chiefs of three localities and others from the State Police will also be involved with the committee. I I ~ 727 June 24, 1986 Sheriff Foster was present and reported that he agrees with the concept of using the Southview School to house the Police Department. He felt that this location would could down I on response time. He felt that the citizens would benefit greatly from this change. Supervisor Brittle moved to approve the prepared resolution. The motion was seconded by Supervisor Johnson. Supervisor Garrett inquired about the feelings of the members of the Sheriff's Department concerning this change. Sheriff Foster reported that he has received nothing but favorable comments. Supervisor Nickens called for questions on the motion. RESOLUTION 6-24-86-133 REQUESTING THE CIRCUIT COURT OF ROANOKE COUNTY, VIRGINIA TO ORDER AN ELECTION ON THE QUESTION OF ESTABLISHING A POLICE FORCE IN ROANOKE COUNTY WHEREAS, §15.1-131.6:1 of the Code of Virginia (1950), I as amended, provides that a county which does not presently have a police force shall not establish one until the voters of such county have approved establishment of a police force by majority vote in a referendum held for such purpose; and WHEREAS, Roanoke County has prepared a Public Safety Master Plan, a portion of which analyzes the establishment of a police department; and WHEREAS, pursuant to the authority granted by the Code of Virginia, the Board proposes to call a special election to take the sense of the qualified voters of the County on the ques- tion of establishing a police force in Roanoke County. NOW THEREFORE BE IT RESOLVED by the Board of Super- I visors of Roanoke County, Virginia as follows: 1. That the Board hereby petitions the Circuit Court of Roanoke County to order an election on November 4, 1986 on the question of establishing a police force in Roanoke County, provided that such date is at least sixty (60) days after the 728 I ~ June 24, 1986 ~ ----~ - __"~__"____'__'~_',_".., ._~ ___.____...._ _'~'___·_'_·'~._...~r,~· ..... - ,- "'-'" ~_.. -'-''''''"-~'--~'''--'-''--''--'~._-' .~-~--_._..~ ._~.. - I date on which the Court enters its order. The question on the ballot shall be in substantially the following form or such othe form as may be approved by the Electoral Board of the County: QUESTION: Shall a police force be established in Roanoke County? DYes D No 2. That the Clerk of the Board is instructed to immediately file a certified copy of this resolution with the Circuit Court of Roanoke County, Virginia. 3. That the Clerk of the Circuit Court of Roanoke County, Virginia shall publish a notice of such election in a newspaper of general circulation in the County once a week for three consecutive weeks prior to such election. I 4. That the County Administrator is hereby authorized and directed to take such actions as may be necessary to accomp- lish the intent of this resolution. 5. That this resolution shall take effect immediately On motion of Supervisor Brittle, seconded by Supervisor Johnson and the following recorded vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittlþ NAYS: None I 4. Approval of the Sesquicentennial Guidelines - Ms. Bonnie Newlon, Planner, reported that the Sesquicentennial Committee will be solely responsible for the development of the celebration, assisted by the County. She presented a list of guidelines which the committee has established. A copy of these guidelines has been included in the packet of the Deputy Clerk. Chairman Brittle announced that the original guidelines asked fo~ insurance coverage. This has been modified to indicate that eac~ event will be reviewed so that the County will not be responsible for all the liability. ~ ~ 729 June 24, 1986 Supervisor Brittle moved to approve the guidelines as I provided. The motion was seconded by Supervisor Nickens and carried by a unanimous voice vote. I 5. Approval of Year End Budget Appropriation - John Chambliss reported that this is a final appropriation to have budgetary authority for some of the expenditures and to acknowledge certain receipts, grants, and other programs of the County. He requested that the Board include $43,500 for the improvements to Pinkard Court School. Supervisor Nickens moved to concur with staff's recommendation to approve the appropriation with the addition of $43,500 for improvements to pinkard Court School. The motion was seconded by Supervisor Brittle and carried by a unanimous roll call vote. 6. Authorization to Proceed with a Regional Water Supply - John Hubbard reported that several solutions to the I water problem have been studied by his staff and Spring Hollow is a suitable site for a water supply and construction of a dam. One suggestion is the construction of a dam that would be ultimately sized to meet the projected demands and needs of the ~alley through the year 2040. This would be a 29 million gallon ~er day project which would cost $29.3 million. Another suggestion would meet the long term demand but would be phased ~ith a smaller dam first and expandable to a larger dam. This project would cost $24.2 million initially. Another alternative is a dam suitable for Roanoke County only which would cost approximately $19.2 million. None of the estimates of the above suggestions include engineering costs or land acquisitions which would be an additional $2.4 million. The County's share of the I regional project or the regional project expandable is in the range of $16 million. John Chambliss reported on financing this project. The County's share of funding for this project would be approximately ~u 7iiO l June 24, 1986 -- ~_. -_.~~-_.~. ~--'.- ..._....~ '" ,---".~.-~ ~.~,-.~ __d_ _'._.'_..._" 60 percent; the City of Salem at 27%; and Roanoke City at 13%. Mr. Chambliss warned that these numbers may change and that the I estimates are very preliminary because the exact design of the facility is not yet known. Approximately $15 million would need to be funded for the construction of the reservoir site and an additional $1 million for the purchase of certain wells or other water systems in the County that may be necessary to provide a totally intergrated system. After studying the existing debt service in the County, existing bonds, principle and interest, i appears that the needs of the County can be satisfied with approximately a 6¢ increase on real estate taxes. As growth occurs within the County, other revenue sources will be eligibl for tapping to help pay for this. Mr. Chambliss suggested short term borrowings for a I couple of years to help pay for the engineering and preliminary work that would need to be done. Once the construction contract have been received, and the exact cost is known, full issue of the bonds up to the maximum level would be issued to prevent overborrowing. Supervisor Nickens expressed a concern of underborrowing. He also reported that we continue to express to citizens that the West County Reservoir will not meet, in itself all the needs of the Valley, but is only one part of a larger system. Mr. Hodge recommended that the Board authorize the $16 million bond isse, and that in the event estimates are greater than $15 million, we would have to live within our means. I Supervisor Johnson moved to approve the prepared resolution. The motion was seconded by Supervisor McGraw. Supervisor Garrett requested that a change be made in the five step recommendation in the report under number 4 from "60 days" to "90 days". Supervisors Johnson and McGraw accepted the amendment. ~ 731. June 24, 1986 Supervisor Nickens called for questions. RESOLUTION 6-24-86-140 REQUESTING THE CIRCUIT COURT OF ROANOKE COUNTY, VIRGINIA TO ORDER AN ELECTION ON THE QUESTION OF ISSUING UP TO $16,000,000 GENERAL OBLIGATION BONDS OF THE COUNTY AND SETTING FORTH THE AMOUNT AND PURPOSES THEREOF I WHEREAS, the Board of Supervisors of Roanoke County, irginia (the "Board") has determined that it has become neces- would be in the public interest to contract a debt on ehalf of Roanoke County, Virginia (the "County") and issue the ounty's general obligation bonds in the maximum amount and for he purposes hereinafter set forth; and WHEREAS, pursuant to authority granted by the Public inance Act, Chapter 5, Title 15.1 of the Code of Virginia as amended, (the "Act"), the Board proposes to call a election to take the sense of the qualified voters of the obligation bonds of the County. I ounty on the question of contracting a debt and issuing the NOW, THEREFORE BE IT RESOLVED by the Board of Super- of Roanoke County, Virginia as follows: 1. That the Board hereby finds it advisable to con- debt and issue general obligation bonds of the County in not to exceed $16,000,000 (the "Bonds") for the purpose paying all or a portion of the cost of developing a public supply and related facilities. 2. That the Board hereby requests the Circuit Court of County, Virginia to order an election on November 4, 1986 n the question of contracting a debt and issuing the Bonds for he purposes herein set forth, provided that such date is at I east sixty (60) days after the date on which the Court enters 'ts order. The question on the ballot shall be in substantially he following form or such other form as may be approved by the lectoral Board of the County. ~ 732 June 24, 1986 -- - .-. .__ _...,'_ _..__. '._ ... _ . _.._0___ _ _"_,, _,~._4·' < _ _._ _._.' . ___. _ - ..~. - __ 0'---.- .....____ .______.. ..._ _....__ .____.._ ___ .... -- I QUESTION: Shall Roanoke County, Virginia contract a debt and issue its general obligation bonds in an amount not to exceed Sixteen Million Dollars ($16,000,000) pursuant to the Public Finance Act, Chapter 5, Title 15.1 of the Code of Virginia (1950) as amended, for the purpose of paying all or a por- tion of the costs of developing a public water suppl and related facilities. DYes D No 3. The Clerk of the Board is instructed to immediatel file a certified copy of this resolution with the Circuit Court of Roanoke County, Virginia. 4. This resolution shall take effect immediately. I On motion of Supervisor Johnson, seconded by Supervisor McGraw and upon the following recorded vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittl NAYS: None 7. Funding Sources for Assistant County Attorney position - Supervisor Nickens requested that further consideration of this matter be discussed in Executive Session a a personnel matter. This matter was placed on the agenda for Executive Session. I 8. Referral Back to the Planning Commission of the Hobart Rezoning - Supervisor Johnson moved to refer the Hobart Rezoning back to the Planning Commission. The motion was seconded by Supervisor Nickens. Supervisor McGraw called for questions. The motion carried by a unanimous roll call vote. Chairman Brittle directed Mr. Gubala to contact any citizen who was present at the Planning Commission at this particular hearing and any adjacent property owners be notified in writing. ~ ,..- 73ä June 24, 1986 9. Adoption of Health Insurance Contract for 1986/87 - D. Keith Cook, Director of Human Resources presented a request to renew the Blue Cross/Blue Shield contract. There are changes in the renewal to alleviate higher payments. The deletion of the second surgical opinion and the addition of a preadmission review and an increased deductible from $100 for employee only subscriber and $200 for family subscriber to $200 for employee only and $400 for family subscriber. He also recommended revision of the premium structure effective August 1. In this renewal the employee only would be changed from $44.44 to $48.00 and employee family from $115.42 to $124.66. The suggested Blue Cross/Blue Shield rates to fund this have been $72.94 for employee only and family $189.71. The County pays $42.00 toward the current rates and monies are included in the budget to continue this level of funding. The difference in the proposed rates and suggested Blue Cross rates being funded will be funded from income that we receive from interest in the plan over two years. Stuart Wade and Linda Ruffman from Blue Cross/Blue Shield and Sandy Bremner, consultant with Industrial Insurance Management Corporation, were present to answer any questions.. He reported that staff recommends that this contract be renewed and that the Board authorize the County Administrator to execute the necessary documents. Supervisor Nickens moved to concur with staff's recommendation and if necessary, a resolution be spread in the minutes. The motion was seconded by Supervisor Garrett and carried by a unanimous roll call vote. 10. Renewal of County's General Insurance Policies - John Chambliss, Assistant County Administrator of Management Services, reported that the County submitted specifications and requests for proposals from the insurance industry. This request included consideration for self-insurance proposals, increased deductibles, and other items that the insurance may do to improve I I I ~ 1 734 June 24, 1986 -- . - ~- _ _.'__ .____. . _. __ __.__ ___ __ .,__.h _~.__,._. ... . _~._~_" .__._'".~ _ _.' ._~.__~._,,_. ,_ ',', ,.,.,.,,' ....... ._," .~___..._..~__._. U. _'_,'__'_.._ ~_ - -- --. --'. ._-,- _______. __ ._..U.._.____.._.._ ..____.._____.__ _.. ...~_ u_ ".. --- the cost efficiency to the County. Five proposals were received for various portions of the County's insurance program and have been evaluated with the County's insurance consultant. He I recommended that the property coverage have an increased deductible of $50,000 and several existing types of coverage be placed with Channey, Thomas, Stephenson, & Hill. Mr. Chambliss requested that the computer coverage be awarded to Charles Lunsford Sons & Associates of Roanoke, that the fire equipment and rescue equipment coverage be provided by Chesterfield Insurers Incorporated and that the general liability and fleet insurance, for liability coverage only, be provided through Alexander & Alexander through participation in the VML's new pooled insurance program. There is also a requirement to contribute 40% of the liability insurance stated rates as a contribution premium. These rates are those that are issued by I the insurance services office or better known as book rates and it is anticipated that most or all of this additional contribution will be reimbursable to the County at some later date. However, at this particular time, because the pool is now being organized and they have not as yet met all of their premium requirements, it is not definite that this premium will be reimbursable to the County. He recommended that the physical damage coverage to the County's own fleet be self-insured. Mr. Sam Rosenthall, from Industrial Insurance Management, the insurance consultant to the County, was present to answer any questions the Board might have. Supervisor Garrett moved to approve staff's I recommendation. The motion was seconded by Supervisor Brittle. Supervisor Johnson requested that insurance liability needs be placed on the legislative packet. Mr. Mahoney requested that the Board amend the prepared resolution which authorizes Roanoke County to join the VML pool \ ~ ~ '7 37 June 24, 1986 Supervisor McGraw - Supervisor McGraw reminded the Board of the Soap Box Derby to be held on Saturday, June 28, 1986. I IN RE: CONSENT AGENDA Mr. Hodge requested that Item 8 concerning Victim/Witness Grant for the Commonwealth Attorney's Office be removed for discussion. Supervisor Nickens moved that the Consent Agenda be ~pproved with the deletion of Item 8. The motion was seconded by Þupervisor Brittle. RESOLUTION NO. 6-24-86-145 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 I ~ounty, Virginia, as follows: 1. That that certain section of the agenda of the Board of Supervisors for June 24, 1986, designated as Item K - ~onsent Agenda be, and hereby is, approved and concurred in as to ~ach item separately set forth in said section designated Items 1 I ~hrough 8, inclusive, as follows: 1. Acceptance of Deed conveying water and sewer lines serving Penn Forest, Section 18. 2. Request from the Town of Vinton for a Fireworks Display Permit. 3. Letter from Oscar K. Mabry, Va. Dept. of Highways and Transportation acknowledging acceptance of Route 1706 (Colony Court) from Route 1642 to a west cul-de-sac. 4. Resolution accepting a portion of Route 605 into the Secondary System and abandonment of a portion of Route 605. I 5. Confirmation of appointments to the Sesquicentennial Committee and the Recreation Commission. 6. Resolution authorizing the Treasurer to collect delinquent personal property taxes. ~ ~ '7 3~) June 24, 1986 - .--. -- -- ._-- -- - . ~..~_._-.,.__...~ --_..~._-,..- .-.,- "_._-- -, ~.. -.. - -'_..'-"~' - _.~ - ~ . - .-,- -. "..-- . -- --- c_' _.._ _''___.__.... __ ..~ __·.._h ...~ ._~. .... ._~._. _._.~_.- - 7. Approval of Year End Appropriation of Monies for the Cafeteria and Textbook Funds maintained by thE School Administration. I 8.. Re~öes~ fe~ aö~8e~±~a~±efi ~e aeee~~ a V±e~±ffifW±~fiess S~afi~ fe~ ~8e €effiffiefiwea~~8~S A~~e~fiey~s 8ff±ee.. 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 Nickens with the exception of Item 8, seconded by Supervisor Brittle and the following recorded vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and BrittlE NAYS: None RESOLUTION 6-24-86-145.B ACCEPTING A PORTION OF ROUTE 605 INTO THE SECONDARY SYSTEM OF STATE HIGHWAYS AND THE ABANDONMENT OF A PORTION OF ROUTE 605 I WHEREAS, Secondary Route 605, from .19 mile east of it~ intersection with Route 627 to the Botetourt County line, a distance of .01 mile, has been altered, and a new road has been constructed and approved by the State Highway Commissioner, whicl new road serves the same citizens as the road so altered; and WHEREAS, certain sections of this new road follow new locations, these being shown on the attached sketch titled, "Changes in Secondary System Due to Relocation and Construction on Route 605 and 713, Project 0605-080-193, C-502 dated at Richmond, Virginia, November 1, 1985." NOW, THEREFORE, BE IT RESOLVED that the portions of Secondary Route 605, Section 5, shown on the sketch titled, I "Changes in Secondary System Due to Relocation and Construction on Route 605 and 713, Project 0605-080-193, C-502, dated at Richmond, Virginia, November 1, 1985," a total distance of .01 mile be, and hereby is, added to the Secondary System of State Highways, pursuant to Section 33.1-229 of the Code of Virginia a~ amended; ~ r- 739 June 24, 1986 AND FURTHER, that the sections of old location, Section ~, shown on the aforementioned sketch, a total distance of .01 ~ile, be, and the same hereby is, abandoned as a public road, pursuant to Section 33.1-155 of the Code of Virginia as amended. I þn motion of Supervisor Nickens, seconded by Supervisor Brittle and upon the following roll call vote: ~YES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle ~AYS: None RESOLUTION 6-24-86-145.D AUTHORIZING THE TREASURER TO COLLECT DELINQUENT PERSONAL PROPERTY TAXES WHEREAS, §58.1-3933 and §58.1-3934 authorize the local joverning body to require the Treasurer to collect certain pelinquent taxes; and WHEREAS, by Resolution No. 2475 adopted January 2, 1980 ~he Board of Supervisors directed that personal property taxes WHEREAS, the Treasurer concurs in the recommendation I ~ere to be collected by the Department of Finance; and ~hat this collection responsibility be transferred to the ~reasurer, as a result of improved collection procedures and ~utomated services. NOW, THEREFORE, be it resolved by the Board of 3upervisors of Roanoke County, Virginia as follows: 1. That the Treasurer of Roanoke County is hereby ~equired to collect delinquent personal property taxes pursuant ~o the provisions of §58.1-3933 and §58.1-3934 of the Code of lirginia, 1950, as amended, commencing with the 1984 personal )roperty taxes. 2. That the Department of Finance will continue to I :ollect delinquent personal property taxes for the tax years 1982 :lnd 1983. 3. That the provisions of Resolution No. 2475 adopted anuary 2, 1980, paragraph 16, are hereby rescinded, insofar as hey are inconsistent with the provisions of this Resolution. ~ ., 740 June 24, 1986 -- .. - --- __,__ _ ......_ ,. ._..._ _._._...'.'_R'._>.,,_ . _ .. ._.~......~.___ h_'._ _ _ __ ._._ _._ . _~ - - - .._--- _.....,.+_". ~~._._._,___._......___,_.,._~"..__._ ~,~. .. '_~M"'''''"_~_'. ...~.._ _ 4. That this Resolution shall be effective from and after July 1, 1986. I On motion of Supervisor Nickens, seconded by Supervisor Brittle and upon the following recorded vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None Mr. John Chambliss reported that there is a change in the funding for the Victim/Witness Grant. There will be no local funding for this grant, but it will be funded through federal ant state. The amount of the grant will remain $10,000. Supervisor McGraw moved to authorize the acceptance of the grant. The motion was seconded by Supervisor Brittle and carried by a unanimous roll call vote. Chairman Brittle reported that the intent of this I action is not to reduce Mr. Blaylock's budget. IN RE: EXECUTIVE SESSION Paul Mahoney requested that the Board consider a legal matter concerning pending litigation concerning Westward Lake Dan. Chairman Brittle requested an executive session to discuss a personnel matter in the County Attorney's office and the Board of Zoning Appeals. Supervisor McGraw moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 (a) (1) and (6). The motion was seconded by Supervisor Johnson and carried by a unanimous voice vote. I IN RE: OPEN SESSION Supervisor Brittle moved to return to Open Session. The motion was seconded by Supervisor Garrett and carried by a unanimous voice vote. ~ ~ 741 June 24, 1986 Supervisor Nickens moved not to fund the additional Assistant County Attorney position. There was no second to the motion, therefore, the motion died. Supervisor McGraw moved to fund the position as recommended by the County Attorney. The motion was seconded by Supervisor Johnson. Mr. Mahoney reported that there are three sources of funding: 1) $10,000 from the School Board budget subject to action and appropriation by the School Board; 2) Reallocation of $10,000 from the professional services account of the County Attorney's budget to salaries; and 3) Reallocation of funds from the Board of Supervisor's general fund, potential litigation account in the amount of $25,000. Mr. Mahoney also reported that all three sources of funding must come together in order to fund the position. In addition, office space is also required. Supervisor McGraw called for questions on the motion. The motion failed by the following recorded vote: ~YES: Supervisors Johnson and McGraw NAYS: Supervisors Nickens, Garrett, and Brittle I I IN RE: DINNER RECESS Chairman Brittle declared a dinner recess at 5:35 p.m. IN RE: CALL TO ORDER Chairman Brittle called the meeting back to order at I 6:59 p.m. Mr. Brittle announced that the petition of H. B. Hodges for rezoning has been withdrawn by the petitioner. He also announced that there would be no public hearing on street naming this evening. ~ 1 742 June 24, 1986 -- - _.~ .-.,--- ..~ _ .~__.",,_ .~_~. __"__·_'·"___n,4_" _ _~. -- ..---~ ..- I -. ------ . _..~---- " --.....-- .- .----- -....-.-. . ~-< -,. ... - -.-,-.- -"---...,. .,,- - - IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS I Mr. William S. Hubard of Center in the Square appeared before the Board to thank them for their financial support for the upcoming fiscal year. He also introduced several members of his staff. Ms. Sharon Vest, Route 7, Box 187, Roanoke, Virginia, appeared before the Board in opposition to new name of Route 221 Many of the residents if that area we also present in opposition to the renaming of this road. IN RE: PUBLIC HEARINGS Petition of B. E. Scott for a Special Use Permit for a debris landfill in the Cave Spring Magisterial District. I APPROVED Mr. B. E. Scott, 6751 Marigold Circle, was present to answer any questions the Board might have. Mr. P. L. Beckner, 6726 Marigold Circle, was present i opposition to the Special Use Permit because of increased traffic and rodents in the area. He was also concerned because the staff report calls for the dumping of garbage in this area. Mr. Gubala, Assistant County Administrator of Communit Development reported that this particular permit does not call for the dumping of garbage. Mr. Beckner also reported that the heavy trucks are causing road damage. I Chairman Brittle directed Mr. Hubbard to contact Mr. Beckner concerning the road situation. Mr. J. C. Stickley was also present in opposition due to the road conditions. ~ ~ 743 June 24, 1986 Chairman Brittle also directed Mr. Hubbard to give a report to him at a future date on the road conditions in that area. Supervisor Brittle moved to approve the Special Use I Permit. The motion was seconded by Supervisor McGraw and carried by a unanimous roll call vote. petition of H. Ladd Corporation requesting a Special Exception permit and rezoning from RE-Residential Estates to RE-MH Residential Estates in the Catawba Magisterial District. CONTINUED TO JULY 22, 1986 Mr. Roy Jarrett, 421 Day Avenue, SW, Roanoke, Virginia, a realtor with C. W. Francis & Son, representing H. Ladd ~orporation, was present. He reported that the owners will ~eside on the property during and after completion of the project. ~he property will be divided into a 26-unit Class B mobile home ~r. Jarrett reported that the tract is not in a flood hazard I park. The site is 4/10 of a mile from Route 777 on Route 680. ~rea, is surrounded with a low density residential area with nanufactured housing and single family dwellings, the topography is flat, and the periphery of the site is vegetated with shrubs ~nd trees. The site allows for an overall density of 2.2 units per acre. Privacy, community open space, and preservation of natural surroundings have all been emphasized in this project. rhe project is consistent with the Land Use Plan Map. Mr. Ray Robrecht, 908 Honeysuckle Road, Salem, ~irginia, was present representing the opposition to this request. Be presented a petition signed by residents of the area who are Dpposed to this rezoning and special exception permit. The I ~esidents feel that the biggest problem to this rezoning and special exception permit is the road situation. The bridge is ~oo small to allow fire trucks, etc., through if you are moving a nobile home onto the property. Traffic will also be greatly ncreased. ~ -.-"..-- I I I ~ June 24, 1986 , "14:4 ---______".______"_________~_.,_.__._~_,..____..___'~M.._._._..____._____...~~___.___._.____._.._"___ ---'-- _,__,_,_ ,._.." ._.~·_..~_._.·_M~_._._,_. ~__~~__M___._.______~_.______.._ Supervisor Nickens inquired if the road leading into the project will be surface treated. Mr. Jarrett reported that it will be a paved area but the center area, used as the Community area, will not be paved. He also inquired about the water system. Mr. Jarrett responded that there will be a well a each site. There will also be individual septic areas for each site. Supervisor Nickens inquired if the bridge located near th site would carry a fire truck. John Hubbard reported that the bridge would have to be investigated for standards. Supervisor Nickens moved that an attempt be made to contact Tommy Fuqua to see what his evaluation of the bridge is or in his absence, that this matter be continued to the first meeting in July. Mr. Hodge reported that he would like to have staff investigate the bridge and road conditions and contact the State Highway Department if necessary. Supervisor Nickens withdrew his motion. Chairman Brittle directed Mr. Hubbard to have the bridge and road investigated by the last meeting in July. The Chair ruled to continue this public hearing until July 22, 1986. Petition of H. B. Hodges to rezone a5.24 acre parcel from R-l, Residential District to R-3, Residential District in the Cave Spring Magisterial District. WITHDRAWN BY REQUEST OF THE PETITIONER Petition of Strauss Construction Company, requesting vacation of a portion of drainage easement in the Catawba Magisterial District. HELD OVER FROM MAY 27, 1986 HELD OVER BY RULE OF CHAIR TO JULY 22, 1986 There was no one present representing the petitioner and no one present in opposition. The Chair ruled to hold this public hearing until July 22, 1986. ". 745 June 24, 1986 Petition of Caveness, Inc., requesting rezoning from A-I Agricultural to M-l, Industrial in the Windsor Hills Magisterial District. There was no one present representing the petitioner I HELD OVER BY RULE OF CHAIR TO JULY 22, 1986 ~nd no one present in opposition. The Chair ruled to hold this public hearing until July 22, 1986 Petition of Roanoke Advertising and Service Corp., requesting a Use Not Provided For Permit to operate an advertising center complex in the Hollins Magisterial District. APPROVED WITH PROFFERED CONDITIONS Mr. Richard A. Stiff, Sr, 5238 Peters Creek Road, ~oanoke, Virginia, was present on behalf of the petitioner to ~nswer any questions the Board might have. The zoning is B-1 and ßhould follow. I M-l, therefore, there is no specific criteria that this building Supervisor Brittle inquired about the number of ßmployees hired in this building. Mr. Stiff responded that ~pproximately 65 to 75 people would be employed by the '12 to 14 þompanies housed in this building. Supervisor Johnson moved to approve the Use Not Provided For permit with proffered conditions. The motion was seconded by Supervisor Nickens. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that the aforementioned þarcel of land, which is contained in the Roanoke County Tax Maps ~s Parcel 37.08-1 2, and 4, and recorded in Deed Book 1092, p. ß50 and 1177, p. 738 and legally described below, be changed from I ~-l and B-2 District to M-l with a use not provided for permit. TRACT I BEGINNING at an iron on the northwest side of Virginia Route No. 117 at the eastern most corner of a 0.569 acre parcel conveyed to Roy L. Tolbert et ux ~ ~ 746 June 24, 1986 ----- _·__,________._______m_.·.__.4~____"_..M_._.___._____......__....____._.._______.____ ---_._-_.__.__._,_.._._-------,---,--------~.- I by deed dated March 15, 1966, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 600, page 585; thence with the northeasterly line of said Tolbert property N. 33° 56' 30" W. 248.29 feet to a point; thence N. 55° 30' 10" E. 200.0 feet to a point; thence with a new division line through the property of Branch & Associates, Incorporated, S. 33° 56' 30" E. 250.23 feet to an iron on the northwest side of Virginia Route No. 117; thence with the line of Route No. 117 S. 56° 03' 30" W., 200.0 feet to the point of beginning: and containing 1.14 acres more or less and being shown on a plat by T. P. Parker, C.L.S., dated January 15, 1971; and BEING the same property conveyed to Jo Ann Gimbert Landham by deed from o. Watts Gills and Mary Lydia Gills, his wife, dated May 1, 1972, and of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 943, page 549. TRACT I I I BEGINNING at the point of intersection of the northerly right-of-way line of new Virginia Highway #117 (130 feet wide) with the line between the properties of R. L. Hawkins and C. Ross Lemon, et al; .thence leaving the highway and with said boundary line N. 54° 48' W., 262.02 feet to an iron stake corner to the aforesaid properties and on the southeasterly line of the property of William Lair Wood; thence with the same N. 55° 30' 10" E., 180.41 feet to an iron stake corner to the 0.340 acres conveyed to George E. and Dorothy F. Dent; thence with the same S. 33° 56' 30" E., 246.74 feet to an iron stake on the northerly right-of-way line of Highway #117; thence with the same S. 56° 03' 30" W., 56.60 feet to a concrete highway monument; thence with a curved line to the right whose radius is 3754.72 feet and whose chord bearing and distance is S. 56° 20' 10" W., 36.51 feet, an arc distance of 36.51 feet (incorrectly 36.41 feet) to the point of beginning, containing 0.756 acres, as shown by plat of survey made by David Dick and Harry A. Wall, Civil Engineers and Surveyors, dated November 25, 1967; and I BEING a part of the same property conveyed to Branch & Associates, Inc., by Chester Ross Lemon and others by deed dated December 7, 1967. BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that ~ 747 June 24, 1986 ~e be directed to reflect that change on the Official Zoning Map ~f Roanoke County. ADOPTED on motion of Supervisor Johnson, seconded by I ~upervisor Nickens and upon the following recorded vote: ~YES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle AYS: None PROFFER OF CONDITIONS o THE HONORABLE SUPERVISORS OF ROANOKE COUNTY: Being in accord with Section 15.1-491.1 et seq. of the ode of Virginia and Section 21-105E. of the Roanoke County oning Ordinance, the Petitioner, Roanoke Advertising and Service orp., hereby voluntarily proffers to the Board of Supervisors of oanoke County, Virginia, the following conditions to the ezoning of the above-referenced parcel of land: 1. That the properties will be developed in ubstantial accord with the concept plan submitted with this I ~etition and dated 4-15-86, with the exception that there will be ~nly two entrances off of Peters Creek Road instead of four and here will be only one entrance off of Centurion Drive. Petition of Thomas L. and Frances L. Powers requesting a Special Exception Permit and rezoning with conditions from B-2 Business District to B-3 Business District .82 acre parcel of land located in the Hollins Magisterial District. APPROVED Mr. Ed Natt was present on behalf of the petitioners to nswer any questions the Board might have. There was no one resent in opposition. Supervisor Johnson moved to approve the rezoning equest. The motion was seconded by Supervisor Garrett. I FINAL ORDER NOW, THEREFORE, BE IT ORDERED that the aforementioned arcel of land, which is contained in the Roanoke County Tax Maps s Parcel No. 27.10-5-5, and legally described below, be rezoned ~ 1 748 June 24, 1986 -- ._.._~ -- -"--'~' --,_.~- ---.- _.~...._. _._- _.~-'. -- -- - - _ _~C_ n__"'__..".·,"_..__ ."_~.___,_.... __ ___'."_ .... .____ ....0 ___. ~.~ - . .- from B-2, Business District to B-3, Business District, and that ( special exception for outside storage be granted. I BEGINNING on the east side of 20' private roadway, 147.1 feet north of the right of way line of Peters Creek Road at the northwest corner of the property of Kenny Franchise Corp. (D.B. 1084, Page 318); thence with the east line of said private roadway N. 33° 38' 27" W. 116.92 feet to a point; thence N. 30° 00' E. 129.47 feet to a point; thence N. 34° 00' E. 118.80 feet to a point on the south line of the property of Evans Products Co.; thence with same S. 35° II' E. 190.00 feet to a point; thence S. 49° 02' 24" W. 81.96 feet to a point; thence S. 49° 02' 24" W. 150.93 feet to the Place of Beginning; consisting of 0.821 acres. BE IT FURTHER RESOLVED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the Official Zoning Map of Roanoke County. I Adopted on motion of Supervisor Johnson, seconded by Supervisor Garrett and the following recorded vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittl NAYS: None ABSENT: None PROFFER OF CONDITIONS TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY: Being in accord with Section 15.1-491.1 et seq. of the Code of Virginia and Section 21-105E of the Roanoke County Zonin Ordinance, the Petitioners, Thomas L. Powers and Frances L. Powers, hereby voluntarily proffer to the Board of Supervisors 0 Roanoke County, Virginia, the following conditions to the rezoning of the above-referenced parcel of land. I 1. The existing building will be used with outside storage, all in connection with the operation of Dixie Farm Equipment Co., Inc. 2. Screening will be provided between the subject property and the mobile home park. ~ "..- 74~ June 24, 1986 petition of Reformation Herald Publishing Association requesting rezoning of the front portion from R-l, Residential to M-l, Industrial and the rear portion from R-l, Residential to B-1 Business, a tract located at 5420 Hollins Road in the Hollins Magisterial District. I APPROVED Mr. Benjamin Burec, Route 11, Box 416, Roanoke, Virginia, was present to answer any questions the Board might have. He reported that the property was purchased to construct an office for storage and repackaging of church literature and construction of two duplexes in connection with the Seventh Day ~dventist Church. The duplexes will be used for employees. Supervisor Johnson moved to approve the rezoning ~equest. The motion was seconded by Supervisor Nickens. A citizen from that area was concerned about drainage problems in that area and what effect the construction would have widened according to the Six Year Plan and with that I on it. Supervisor Johnson responded that the road would be construction, the drainage problem should be eliminated. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Maps as Parcel 39.05-1-10 and recorded in Deed Book 1231, page 1814, and legally described below, be rezoned from R-l, Residential þistrict to M-l, Industrial and B-1, Business District. BEGINNING at an iron pin on the west side of Hollins Road (Va. Sec. Rte. 601) which point is the corner to the Nadine K. Noel property and is designated as "2" on the Plat Showing Property (3.06 ac.) Being conveyed to Reformation Herald Publishing Association, dated December 31, 1985, revised June 6, 1986, and prepared by Buford T. Lumsden and Associates, P.C., Engineers-Surveyors; thence with the Noell property N. 77° 10' 33" W. 413.51 feet to a point; thence with a new division line N. 11° 18' 22" E. 186.12 feet to a point; thence with the property of Seventh Day Adventist Reform Movement General Conference S. 80° 57' 00" E. 394.30 feet to an iron pin on the west side of Hollins Road; thence with the I ~ -~ 750 June 24, 1986 .-_ _'~M~__ .' _..~_ _. _...._._ ___....... ______...___,"_.___.. _~"..... .~__" ~_.. __·~ø._ -- __ ··,_··.._··.·_.M··..._...·___... _._"." '__'._ _____ _~_. _ __ _._,. ,__. '..' ,,_ -_.. west side of Hollins Road, S. 6° 6' 00" w. 213.48 feet to the place of BEGINNING and containing 1.85 acres. I BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the Official Zoning Map of Roanoke County. ADOPTED on motion of Supervisor Johnson, seconded by Supervisor Nickens and upon the following roll call vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and BrittlE NAYS: None PROFFER OF CONDITIONS TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY: Being in accord with Section 15.1-491.1 et seq. of the Code of Virginia and Section 21-105E. of the Roanoke County I Zoning Ordinance, the Petitioner, Reformation Herald Publishing Association, hereby voluntarily proffers to the Board of Supervisors of Roanoke County, Virginia, the following condition~ to the rezoning of the above-referenced parcel of land: 1. If the petition is granted, there will be no commercial printing done on the premises. 2. All activities will be related to the requirements of the denomination. 3. The storage and publishing operations and activities connected therewith will be confined to the front half of the above referenced parcel of land. 4. Property and buildings will be used only for those uses stated, i.e., two duplex units and a facility for the I packaging and distribution of mail. Public Hearing on an ordinance amending Chapter 16, Article III, Sewer Use Standards APPROVED Mr. Clifford Craig, Director of utilities, presented ar ~ 751 June 24, 1986 mendment to Chapter 16, Article III, concerning sewer use tandards. Supervisor Nickens moved to approve the prepared I rdinance. The motion was seconded by Supervisor Garrett. ORDINM\ICE 6-24-86-146 AMENDI~ THE R.OAOOKE COUNrY CODE BY THE AOOPI'ION OF A NEW ARTICLE, "SEWER USE STANDARDS" WHEREAS, the City of Roanoke owns and operates the Roanoke Regional WHEREAS, Roanoke County is a user of the Roanoke Regional Treatment Plant is rEquired to establish and enforce a pre-treatment program as required ¥ the United States Environmental Protection Agency; and WHEREAS, the 1972 Sewage Treatment Agreaænt between Roanoke City and œ-noke County rEquires the County to adopt such ordinances and regulations to nfonn to those of the City as rEquired by EPA; and WHEREAS, Chapter 18 of the recently recodified Roanoke County Code (1985) I incorporates the provisions of Chapter 16 of the 1971 Roanoke County Code; and WHEREAS, this ordinance amends said provisions by the adoption of a new rticle to establish sewer use standards. NCM THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke Virginia, as follows: 1. That Article III. Chapter 16 of the Roanoke County Code of 1971 (Chapter 18 of the Roanoke County Code of 1985) be, and hereby is, amended and dopted to read and provide for certain sewer use standards as follows: CHAPI'ER 16 ARrICLE III. SEWER USE STANDARDS . 16-44 Definitions. For the purpose of this article, the words and phrases set out in this ection shall have the following meanings: Act means the Federal Water Pollution Control Act, also known as the lean Water Act, 33 U.S.C. 1251, et sEq., as amended. I Approving authority means the County Administrator or his duly uthorized representative. BD (biochaniœl oxygen danand) means the quantity of oxygen by ight, expressed in rng/l, utilized in the biochemical oxidation of organic tter under standard laboratory conditions for five (5) days at a temperature f twenty (20) degrees centigrade. ~ 75~ - -- - -- 0,_- .. ~ ~_ ._~_ June 24 , 1986 ~...._.- - . ~,., -.-..- _h. - --.- -~, ,_." . ~~...._. .~.. ._~_._. ......____~M.. ~_.._,,~ _ __...__.__.__._.. .____ Building sewer Iœans the extension fran the building drain to the public sewer or other place of disposal (also called house lateral and house connection) . I Categoriœ-l Standards Iœans National Categorical Pretreatment Standards or Pretreatment Standard. Class I user IœaI1S any person discharging normal danestic wastewater into a sanitary sewer and any industrial user discharging Group B wastewater into the sani tary sewer. Class II user Iœans any person discharging Group A wastewater into a sani tary sewer. aD (chanical oxygen demand) means the Iœasure, expressed in rng/l, of the oxygen consuming œ-pacity of inorganic and organic matter present in wate or wastewater, expressing the arrount of oxygen consumed fran a chanical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochanical oxygen demand. CXD-BOD ratio Iœans the ratio of the value of OOD to BOD as these values are defined above. aD (soluble) Iœans the COD of the filtrate fran wastewater that is filtered through a gooch crucible as required by the suspended solids test in "Standard Methods." I Control manhole means a manhole giving access to a building sewer at same point before the building sewer discharge mixes with other discharges in the public sewer. Control point Iœans a point of access to a course of discharge before the discharge mixes with other discharges in the public sewer. County Iœans Roonoke County. Garbage means animal and vegetable wastes and residue fran the preparation, cooking and dispensing of food, and fran the handling, processing, storage and sale of food products and produce. Group A wastewater Iœans wastewater discharged into the sanitary sewers in which anyone of the parameters below are rrore than the given looding: Average Monthly TOtal suspended solids (TSS) . . . . .62.5 Ibs./day Biochanical oxygen demand (BOD). . . .62.5 Ibs./day TOtal phosphourus (TP) . . . . . . . . 3.75 lbs./day TOtal Kjeldahl nitrogen (TKN). . . . . 4.50 Ibs./day Parameter Daily CanPosite 75 Ibs./day 75 Ibs./day 4.5 lbs./day 5.4 Ibs./day I Group B wastewater IœaI1S the discharge of perrni tted industrial wastewater not otherwise qualifying as Group A wastewater. Capital costs Iœans a sum sufficient recovered by user charges canputed by using the œ-pital 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 fran time to time to reflect cost experience. Incanpatible waste IœaI1S a waste which is not susceptible to adequate treabœnt by the wastewater treatment plant. ~ 753 June 24, 1986 Industrial user Any nongovernmental user of publicly owned treatment rks identified in the Standard Industrial Classifiœ.tion Manual, 1972, fice of Management and Budget, as axœnded and supplemented, under divisions , B, D, E and I. Industrial waste means waste resulting frœt any process of industry, nufacturing, trade or business frœt the developœnt of any natural resource, or any mixture of the waste with water or normal wastewater, or distinct frœt normal wastewater. I Infiltration means water entering a sewer system, including service nnections frœt the ground, through such means as, but not limited to, efective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is distinguished frœt, inflow. Inflow means water discharged into a sewer system, including service nnections, frœt such sources as, but not limited to, roof leaders, cellar, rd and area drains, foundation drains, cooling water discharges, drains fran springs and swampy areas, manhole covers, cross connections frœt stonn sewers d canbined sewers, œ.tch basins, stonn waters, surface runoff, street wash ters, or drainage. It does not include, and is distinguished fran, infiltration. Milligrams per liter (rrg/l) means the saræ as p3.rts per million and is a weight-to-volurœ ratio; the milligram-per liter value multiplied by the actor 8.34 shall be equivalent to pounds per million gallons of water. National Categorical Pretreatment Standard or Pretreatment Standard ns any regulation containing pollutant discharge limits pranulgated by the 'A in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1347) ich applies to a specific œ.tegory of Industrial Users. I Natural outlet means any outlet into a watercourse, ditch, lake or ther body of surface water or groundwater. Nonnal wastewater means wastewater discharged into the sanitary ewers in which the average concentration of total suspended solids and BOD is ot more than 250 rrg/l, total phosphorus is not more than 15 rrg/l, total jeldahl nitrogen is not more than 18 rrg/l and total flow is not more than 0,000 gallons per day. OVerload means the imposition of organic or hydraulic loading on a eatment facility in excess of its engineered design œ.p3.ci ty . Person includes individual, corPOration, organization, government or overl"JITental subdivision or agency, business trust, estate, trust, p3.rtnership ssociation and any other legal entity. ph means the logarithm (base 10) of the reciprocal of the hydrogen 'on concentration expressed in grams per liter. Plant means the City of Roanoke Regional Sewage Treatment Plant, or oanoke County Starkey Sewage Treabnent Plant. Phosphorus (total) means the sum of the various types of phosphate ressed as elemental phosphorus found in wastewater. The various forms . nclude ortho phosphate, condensed phosphates (pyro, meta, and ly-phosphates), and organically bound phosphates. The concentration of otal phosphate is detennined by the "Standard Methods" test procedure. I Public sewer means pipe or conduit œ.rrying wastewater or unpolluted ainage in which owners of abutting properties shall have the use, subject to ntrol by the County. Sanitary sewer means a public sewer that conveys danestic wastewater r industrial wastes or a canbination of both, and into which stonn water, , 754 June 24, 1986 -- - -- --- .- - _. ",_. ..._......~ - ."-,, .......-.. -.-..-..-......, _____ _"..,,_~..'_ . ",_._._,___.. .._. ~. ~ _._~__.... ~._ _'_""'_h.._..~__·.__._ II surface water, groundwater and other unpolluted wastes are not intentionally passed. I 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, rrore than five (5) times the average hventy-four (24) hour concentration or flows during nonnal operation. Standard Industrial Classification (SIC) means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. Standard Methods means the examination and analytical procedures set forth in the latest edition, at the time of analysis, of "Standard Methods fo the Examination of Water and Wastewater" as prepared, approved and published jointly by the American Public Health Association, the American Water ~rks Association and the Water Pollution Control Federation. Stonn sewer means a public sewer which carries storm and surface waters and drainage and into which danestic wastewater or industrial wastes are not intentionally passed. Stonn water means rainfall or any other forms of precipitation. Suspended solids means solids measured in mg/l that either flœ.t on the surface of, or are in suspension in, water, wastewater or other liquids, and which are largely removable by a laboratory filtration device. I To discharge includes to deposit, conduct, drain, anit, throw, run, allow to seep or otherwise release or dispose of, or to allow, perrni t or suffer any of these acts or anissions. Total Kjeldahl nitrogen means the canbined arrtOOnia and organic ni trogen in a given wasteæter, 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, flarrmable wastes or other harmful substances. Unpolluted wastewater means water containing: (1) No free 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. I (6) Not rrore than ten (10) mg/l each of suspended solids and BOD. (7) Color not exceeding fifty (50) units, as measured by the Platinum-Cobalt method of detennination, as specified in "Standard Methods. " User charge means the charge made to those persons who discharge normal 'Wasteæter into the County's sewage system. This charge shall include a proportionate share of any capital improvements to the system (capital costs) . ~ 755 June 24, 1986 User surcharge means the charge made, in excess of the user charge, for all wastewater over and above the lœ.ding def ined as normal wastewater. Waste means rejected, unutilized or superfluous substances, in liquid, gaseous or solid form, resulting fran danestic, agricultural or industrial activities. Wastewater means a canbination of the water-carried waste fran residences, business buildings, institutions and industrial establishments, together with any ground, surface and storm water that may be present. I Wastewater facilities includes all facilities for collection, pumping, treating and disposing of wastewater and industrial wastes. Wastewater treatment plant means any municipal-owned facilities, devices and structures used for receiving, processing and treating wastewater, industrial waste and sludges fran the sanitary sewers. 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. Watercourse means a natural or man-made channel in which a flow of ter occurs, either continuously or interrni ttentl y . See. 16-45. General Requirements. (a) All discharges into public sewers shall conform to requirements of this article; however, the Federal Categorical Pretreatment Standards of any standards imposed by the State Water Control Board or its successor in uthority are hereby incorporated by reference where applicable and where such standards are higher than those set forth in this Article. The approving uthority shall be authorized to apply for modification of Federal retreatment Standards. I (b) No industrial user shall discharge industrial wastewaters into the sani tary sewer system except as provided in this article. (c) Unless exception is granted by the approving authority or by other rovisions of this chapter, the public sewer system shall be used by all rsons discharging wastewater, industrial waste, polluted liquids or polluted waters or liquids. (d) Unless authorized by the state water control board or its successor in authority, no person shall depositor discharge any waste included in subsection (c) of this section on public or private property in or adjacent to y natural outlet, watercourse, storm sewer or other area within the jurisdiction of the County. (e) The approving authority shall determine, prior to discharge, that stes to be discharged will receive such treatment as is required by the aws, regulations, ordinances, rules and orders of federal, state and local uthori ties, or such discharge shall not be permitted. (f) Each industrial user discharging industrial waste waters into the nitary sewer system shall provide protection fran accidental discharge of rohibited materials or other substances regulated by this Article. cilities to prevent accidental discharge of prohibited materials shall be rovided and maintained at the owner or user's own cost and expense. Detailed lans showing facilities and operating procedures to provide this protection hall be sulxni tted to the approving authority before construction of the acility. All such existing users shall canplete such a plan by July 1, 1986. such user who cammences operation after the effective date of this section hall be permitted to introduce pollutants into the system until accidental ischarge procedures have been so approved. Review and approval of such plans nd operating procedures shall not relieve the industrial user fran the I -.., - -~ --- +- June 2 4 , 1986 .._"._._._-+-+~ ...0_-- -- --- .-....-.- ."-~ '156 -- --~ ~.._.._.¿"" .._._.. ._~_H' ~_. --~._. ~. --. -.--- ...-. -- -_.- - I responsibility to roodify the user's facility as necessary to meet the requirements of this Article. In the œ-se of an accidental discharge, it is the responsibility of the user to in1nediately telephone and notify the approving authority of the incident. '!he notifiœ-tion shall include location of discharge, type of waste, concentration and volurœ, and corrective actions wi thin five (5) days following an accidental discharge; the user shall su1::mi.t to the approving authority a detailed written report describing the œ-use of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notifiœ-tion 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 other damage to person or property; nor shall such notifiœ-tion relieve the user of any fines, civil penalties, or other liability which may be imposed b this article or other appliœ-ble law. A notice shall be permanently posted on the user's bulletin board or other praninent place advising employees whan to call in the event of a dangerous discharge. Employers shall insure that all employees who may œ-use or suffer such a dangerous discharge to occur are advised of the emergency notifiœ-tion procedure. Sec. 16-46. Prohibited Discharges Generally. (a) No person shall discharge into public sewers any waste which, by itself or by interaction with other wastes, may: (1) Injure or interfere with wastewater trea:bnent processes or facilities; I (2) Constitute a hazard to humans or animals; or (3) Create a hazard in receiving waters of the wastewater treatment plant effluent. (b) Discharges into public sewers shall not contain: (1) Cyanide greater than 1 mg/l. (2) Flouride other than that contained in the public water supply. (3) Chlorides in concentrations greater than 250 mg/l. (4) Gasoline, benzene, naphtha, fuel oil or other flarrmable or explosive liquid, solid or gas. (5) Substances œ-using a chemiœ-l oxygen demand (COD) greater than 1,500 mg/l in the wastewater. (6) Strong acid or concentrated plating solutions, whether neutralized or not. I (7) Fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or beCŒCI viscous at temperatures between thirty-two (32) degrees and one hundred fifty (150) degrees Fahrenheit (0° and 65° Centigrade). (8) Obnoxious, toxic or poisonous solids, liquids, or gases in quantities sufficient to violate the provisions of subsection (a of this section. (9) waste, wastewater or any other substance having a ph lower than 5.5 or higher than 9.5, or any other substance with a corrosive property œ-pa.ble of œ-using damage or hazard to structures, equipnent and personnel at the wastewater facility. ~ "..-~m_ . _ 757 June 24, 1986 (10) Substances which œuse 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 canPOsite \\astewater, effluent concentration limits may not exceed the requirements established by state, federal or other agencies with jurisdiction over discharges to receiving waters. I See. 16-47. Discharge of heavy netals and toxic materials. (a) Discharges shall not contain concentrations of heavy metals greater than amounts specified in subsection (b) of this section. (b) The maximum allowable concentrations of heavy metals stated in terms of milligrams per liter (rrg/l), detennined on the basis of individual sampling in accordance with "Standard Methods" are: (1) Arsenic: 0.05 rrg/l. (2) Barium: 5.0 rrg/l. (3) Boron: 2.0 rrg/l. (4) Cadmium: 0.02 rrg/l. ( 5) Chromium: ( total) /5.0 rrg/l. (6) Copper: 1.0 rrg/l. (7) Lead: 0.1 rrg/l. I (8) Manganese: 1.0 rrg/l. (9) Mercury: 0.005 rrg/l. (10) Nickel: 1.0 rrg/l. (11) Selenium: 0.02 rrg/l. (12) Silver: 0.1 mg/l. (13) Zinc: 5.0 rrg/l. In addition, if it is determined that anyone of these pararœters exceeds the state effluent requirements for the wastewater treatment plant, an adjusbœnt in the given parameter concentration limit will be required. To accomplish this, the discharge permits for industries discharging the particular canPOund will be adjusted to insure canpliance. (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 appliœble provisions. (d) Prohibited heavy metals and toxic materials include, but are not limited to: I ( 1) Ani tiIrony ( 2) Beryllium. (3) Bismuth. (4) Cobalt. ~ ~ 758 June 24, 1986 -_._----_._.,.~-_...,..---_._-~'"_. ..._--_..~.~~~...~-,--- -.-.-.-........ _._~--~..,--_._-------~.__.._~-_._._- (5) Molybdenum. (6) Uranium ion. I (7) Rhenium. (8) Strontium. (9) Tellurium. (10) Herbicides. (11) Fungicides. (12) Pesticides. See. 16-48. Discharge of garbage. (a) No person nay 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 a;¡uipped with a motor 0 three-fourths horsepower (0.76 hp metric) or greater. See. 16-49. Discharge of storm water and other unpolluted drainage. I (a) No person shall discharge into public sanitary sewers: (1) Unpolluted storm water, surface water, groundwater, roof runoff or subsurface drainage. (2) Unpolluted cooling water. ( 3) Unpolluted industrial process waters. (4) other unpolluted drainage. (b) The approving authority shall designate storm sewers and other watercourses into which unpolluted drainage described in subsection (a) of this section nay be discharged. See. 16-50. TaDperature 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 treabnent plan influent to increase at a rate of ten (10) degrees Fahrenheit or more per hour, or a canbined total increase of plant influent temperature to one hundred four (104) degrees Fahrenheit. I See. 16-51. Discharge of radioactive wastes. (a) No person shall discharge radioactive wastes or isotopes into public sewers, without the permission of the approving authority. (b) The approving authority reserves the right to establish, in canpliance with applicable state and federal regulations, regulations for discharge of radioactive waste into public sewers. See. 16-52 Discharge of substances capable of impairing, etc. facilities. r 759 June 24, 1986 (a) No person shall discharge into public sewers any substance cap:ible of causing: (1) Obstruction to the flaw in sewers; (2) Interference with the operation of treatment processes or facilities; or I (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) Insert suspended solids greater than 250 ng/l including, but not limited to Fuller's earth, lime slurries and lime residues. (2) Dissolved solids greater than 500 ng/l 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. (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; I (2) OVerload skimning and grease handling a::}uipnent; (3) Pass to the receiving waters without being effectively treated by nonnal 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 inccrnpatible 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 ra::}uirements 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; I (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 ~ 1 760 June 24, 1986 -- - -- n~ . __ _.___. ,'.'__ __.,..'._.n' _·_.U.. ~_.,.__.." - . _._.. -- __M···._ ._. .___..__~ ,~ _ _ __ __..,~_.. .._ ...__ __ ___ I 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 canply with these requiraænts shall be subject to a fine of not more than five thousand dollars ($5,000) pe incident, and shall also be liable for the payment of any damages caused, either directly or indirectly, by the unapproved discharge. (f) No person shall discharge into public sewers solid or viscous substances which violate subsection (a) of this section, if present in sufficient quantity or size, including but not limited to: (1) Ashes. (2) Cinders. ( 3) Sand. (4) Mud. (5) Straw. (6) Shavings. (7) Metal. (8) Glass. I (9) Rags. (10) Feathers. (11) Tar. (12) Plastics. (13) WOod. (14) Unground garbage. (15) Whole blood. (16) Paunch manure. (17) Hair and fleshings. (18) Entrails. (19) Paper products, either whole or ground by garbage grinders. I (20) Slops. (21) Chemical residues (22) Paint residues. (23) Bulk solids. see. 16-53. Right to require pretreabœnt and control of, or to reject discharges. (a) If discharges or proposed discharges into public sewers may deleteriously affect wastewater facilities, processes, equipment or receiving waters; create a hazard to life or health; or create a public nuisance; the approving authority shall require: ~ r 761 June 24, 1986 (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 addi tion to capital costs. I (b) The approving authority shall reject wastes when he determines that a 'scharge or proposed discharge is included under subsection (a) of this ection and the discharger does not meet the requirements of subsection (a) of is section. . 16-54. Design, installation and maintenance of pretreatment and control facilities. (a) If pretreatment or control is required, the approving authority may, t his sole discretion, require, review and approve the design and 'nstallation of equipnent and processes. The design and installation of such ipnent and processes shall conform to all applicable statutes, codes, rdinances and other laws, including Federal Categorical Pretreatment tandards. (b) Any person responsible for discharges requiring pretreatment, low-equalizing or other facilities shall provide and maintain the facilities 'n effective operating condition at his own expense. . 16-55. Requirements for traps. (a) Discharges requiring a trap include: I (1) Grease or waste containing grease in excessive amounts; (2) Oil; ( 3) Sand; (4) Flanmable wastes; and ( 5) Other harmful substances. (b) Any person responsible for discharges requiring a trap shall, at his expense and as required by the approving authority. (1) Provide equipnent and facilities of a type and capacity approved by the approving authority; (2) Locate the trap in a manner that provides ready and easy accessibility for cleaning and inspection; and (3) Maintain the trap in effective operating condition. . 16-56. .Measurement, sampling, etc., and report of discharges. I (a) The owner of each facility discharging other than normal wastewater r discharging Class A wastewater shall su1:mit monthly, or at such other requency as may be required by the approving authority, to the COunty, on orrns supplied by the County, a certified statement of the quantities of its stes discharged into the sewers and sewage works of the County or into any ewer connected therewith. Copies of pertinent water bills may be required to su1:mitted with the above statement. Such documents shall be filed with the unty not later than the tenth day of the following month. A separate tatement shall be filed for each industrial plant. The total quantities of stes to be measured and certified by the person so discharging shall be stablished by the approving authority and shall, as a minimum, include: , ~'f}? June 24, 1986 ·-_____··____·_·_,_____~_.._v_~.._~______..,_~___.., .....__.__,. .___..""._,.,.._~__._. "'_'_"__.._.',__. ... . _____.~._u_ _. . "'_'"_"___"'_._...'.__'.~...__._.__'_________ ------...._--~------------~-_.._.- ._-,_." -,--..--.---............ .._._._..__.."__'., ."....,__~_~..__ ,.,". ____'"._·..__~___·,___M (1) Liquid in gallons. (2) Five-day BOD in pounds. I (3) SusPended solids in pounds, on a dry solids basis. (4) Total phosphorus in pounds. (5) Total Kjeldahl ni trogen in pounds. (6) COD in pounds. (b) Unless otherwise provided, each measurenent, test, sampling, or analysis required to be made hereunder shall be made in accordance with the latest edition of "Standard Methods for Examination of Water and Wastewater," published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. (c) In order to provide for accurate sampling and measurement of industrial wastes, each person discharging Class A wastewater sJhà. provide and maintain, on each of its industrial waste outlet sewers, a large manhol 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 furnished to the County. There shall be ample roan provided in each sampling chamber to enable convenient inspection and sampling by the County. I (d) Each sampling chamber shall contain a Parshall flume, accurate æi or similar device, with a recording and totalizing register for measurement of the liquid quantity; or the metered water supply to the industrial plant ma be used as the liquid quantity, where it is substantiated that the metered water supply and waste quantities are approximately the same, or where a measureable adjustment can be made in the metered supply to determine the liquid quantity. (e) Samples shall be taken every hour, properly refrigerated and canposi ted in proportion to the flow for a representative twenty-four (24) hour sample. Such sampling shall be repeated on as many days as necessary 0 insure representative quantities for the entire reporting Period. Industri 1 plants with wide fluctuations in quantities of wastes shall provide an autana.tic sampler p3.ced autanatically by the flow-measuring device. (f) MînimUID requirements for representative quantities under this sect on shall include re-evaluation during each twelve (12) month Period. The determination of representative quantities shall include not less than seve ( 7) consecutive days of twenty-four (24) hour carp:>si te samplings, taken during periods of normal oPeration, together with acceptable flOW' measureme ts. The frequency of sampling, sampling chamber, metering device, sampling meth s and analyses of samples shall be subject, at any time, to inspection and verification by the County. Sampling and measuring facilities shall be suc as to provide safe access for authorized personnel of the County for naking such insPection and verification. I (g) Plans for sampling chambers, with their locations shown on a site plan, shall be sul:mitted to the County for approval. (h) All owners of facilities governed by this section shall also campI with any applicable Monitoring Requirements and Regulations established by e approving authority which are hereby incorporated by reference. Sec. 16-57. Discharge permits for industrial waste. (a) The County may, in its sole discretion, grant a non-transferable permit to discharge to industrial users who meet the criteria of this chapt r, provided that the industry: ~ I ¡ 763 June 24, 1986 (1) Not ra:}Uiring pretreabœnt, su1:mits an application within one hundred twenty (120) days after July 1, 1986, on forms supplied by the approving authority. The County will process the application within sixty (60) days. (2) Ra:}Uiring pretreatment, sutmits a pennit application within one hundred eighty (180) days after July 1, 1986, on forms supplied by the approving authority. The industry will receive approval or disapproval by the approving authority of plans and specifications for pretreatment facilities within sixty (60) days. If a pennit application is not approved the second time, the industrial user must tenninate discharge until an approved permit application is received. The pretreabœnt facilities must be constructed wi thin one hundred eighty (180) days fran the approval of the pennit application. I (3) Has canplied with all ra:}Uirements for the discharge permit including, but not limited to, provisions for payrrent of charges, installation and operation of pretreabment facilities and sampling and analysis to determine quantity and strength. (4) Provides a sampling point subject to the provisions of this article and approval of the approving authority. (5) Canplies with the requirements of Federal Categorical Standards, where applicable, including the developnent of any ra:}Uired compliance schedules. (b) An industrial user applying for a new discharge shall meet all conditions of subsection (a) of this section and shall secure a pennit prior to discharging any waste. I (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 pennit issued under this section shall be valid for five (5) years fran its date of issuance, after which time the industrial user shall be required to obtain a new discharge pennit. Sec. 16-58. Waiver or roodification of requirements of article. The approving authority shall have the right to waive or roodify, on an interim basis to be noted in any penni t issued under this article, the requirements of this article as they pertain to strength of contaminants. No such waiver or mJdification shall be granted contrary to any County, state or federal regulation and no waiver or roodification shall be granted, if it would result in the violation of the discharge pennit for the plant, as it is now issued or as such permit may be amended. Sec. 16-59. Charges generally. Persons making discharges of industrial waste shall pay a charge to cover the cost of collection and treabœnt 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: I (a) The terms of acceptance by the County; and (b) The basis of payment. Sec. 16-60. User charges and added costs. (a) If the volume or character of the waste to be treated by the plant meets the ra:}Uiraænts of other provisions of this article and does not cause ~ 7ö4 June 24, 1986 . ---------.. --~_.. "--.--'.'-"- -, ~~"~".__. ~_. overloading of the sewage collection, treatment or disposal facilities of County, the approving authority shall require that the discharger pay a cha e to be detennined fran the schedule of charges which shall include œ,pital costs. I (b) If a proposed discharge of waste is responsible for exceeding the existing œ,pacity of the wastewater treatment facilities and the wastewater trea tment plant must be upgraded, expanded or enlarged in order to treat th wastewater, the approving authority shall require that the discharger pay i full all added costs which shall include œ,pi tal 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 retiraœnt and interest on debt, f the County's cost on all œ,pi tal outlays for collecting and treating the waste, including new œ,pital outlay and the proportionate part of the value of the existing system used in handling and treating waste. (2) OPeration and maintenance costs (œ,pitalized), including but n t limited to, salaries and wages, power costs, costs of chemical and supplies, proper allowances for maintenance, depreciation, overhead and office expense. Sec. 16-61. Schedule of charges. I (a) Persons discharging wastewater shall pay a charge to cover the œ,pital cost and the cost of collection and treatment of all wastewater discharged. (1) All Class I users discharging normal wastewater or Group B wastewa ter shall pay a user charge canputed upon cost per vol of wastewater discharged. (2) All Class II users discharging Group A wastewater shall have their user charge canputed upon a cost per unit volume basis the base arrount plus the uni t cost of treatment for allover base amount for volume, biochemical oxygen demand (BOD), suspended solids (SS), phosphorus (P) and total Kjeldahl nitr (TKN) . In canputing the contaminant loading, the parameter concentrations for normal wastewater will be considered as standard strength in detennining the base amount in the efflue t discharge flow. Initially, the responsibility for detennining the contaminant loading or each œ,tegory of establishment will be that of the approving authority. However, each establishrænt must verify its own contaminant loading IIDnthly by initiating a sampling and analytical program at its own expense and with th approval of the approving authority. I (b) The unit costs to be used to canpute the charge for Class I and II users shall be established by the approving authority. The unit costs for 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 IIDre often than once a year, upon approval of the approving author ty. The user charge for users shall be canputed as follows: Class I Users: Cu = Vu x Vd Class II Users: C8 = V d + V sV c + Bs Bc + Ss Sc + Ps Pc + Ns Nc And: ".. 765 June 24, 1986 Cu = Charge for Class I users Cs = Charge for Class II users Vu = Unit cost of treabnent chargeable to normal wastewater ($/1,000 gal. ) I Vd = Volume of wastewater fran nonnal wastewater (1,000 gals) Vs = Volume of Class II wastewater (1,000 gals) in excess of Class I wastewater Vc = Cost of treating 1,000 gals. of Class II wastewater ($/1,000 gal.) Bb = Class II wastewater BOD contribution in excess of Class I wastewater limit (lbs.) Bc = Cost of treating Class II BOD contribution ($/lb.) Ss = Class II wastewater SS contribution in excess of Class I wastewater limit (lbs.) Sc = Cost of treating Class II SS contribution ($/lb.) Pc = Cost of treating Class II phosphorus contribution ($/lb.) Ns = Class II wastewater unoxidized notrogen contribution in excess of Class I wastewater limit (lbs.) Nc = Cost of treating Class II phosphorus contribution ($/lb.) I See. 16-62. Adjustnent 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 detennining 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. See. 16-63. Billing and payment of charges. (a) The County may bill the discharger by the IIDnth 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 enti tied 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. 16-64. Right of entry to enforce article. I (a) The approving authority and other duly authorized employees of the County bearing proper credentials and identification are entitled to enter any public or private property at any reasonable time for the purpose of enforcing this article. Anyone acting under this authority shall observe the establishment's rules and regulations concerning safety, internal security and fire protection. ~ I I I 7tifj ., June 24, 1986 ---'.---.-----~-..---~__.~___.__._____.___. _.__._...._.~__._.._.,_".._..~.__~_._.._.._".,' .,,'r.'.. __"~.""__._~__~'__.______ -,._-- ____~····_··.·_~_,~·_·___M__".' ".._.__ .._...._,,_._._--~--~-----_.. .._-,---- (b) Except when caused by negligence or failure of the canpany to maintain safe conditions, the County shall indemnify the ccrnpany against 10 s or damage to its property by County employees and against liability claims d demands for personal injury or property damage asserted against the canpany and growing out of a sampling operation under this article. (c) No person acting under authority of this section may inquire into any processes, including metallurgical, chemical, oil refining, ceramic, p3. r or other industries, beyond that point having a direct bearing on the kind nd source of discharge to the public sewers. Sec. 16-65. Authority to disconnect service. (a) The County reserves the right to tenninate water and wastewater disposal services and disconnect a custaner from the system and revoke any discharge pennit issued under this article when: (1) Acids or chemicals damaging to sewer lines or treatment proces are released into the sewer causing rapid deterioration of these structures or interfering with proper conveyance and treatment of wastewater; (2) A governmental agency informs the County that the effluent fr the æsteæter treatment plant is no longer a quality pennitt for discharge into a watercourse, and it is found that the custaner is delivering æsteæter to the County's system that cannot be sufficiently treated or r~ires treatment that is n t provided by the County as normal danestic treatment; or (3) The custaner: a. Discharges industrial waste or wastewater that is in violation of the penni t issued by the approving authority; b. Discharges wastewater at an uncontrolled, variable rate in sufficient quantity to cause an imbalance in the wastewater trea nt 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 penni ttee has engaged in fraudulent reporting to the appr al authority or failed to report ada;¡uately as ra;¡uired changes i discharge. (b) If the service is disconnected pursuant to subsection (a) (2) of th s section, the County shall: (I) Disconnect the customer; (2) Supply the custaner with the governmental agency's report and provide the custaner with all pertinent information; and (3) Continue disconnection until such tiIæ as the custaner provid additional pretreatment or other facilities designed to remov the objectionable characteristics fran his wastes. Sec. 16-66. Notice of violations The County shall serve persons discharging in violation of this articl wi th written notice stating the nature of the violation and providing at' limit of ninety (90) days for satisfactory canpliance, if no environmental degradation occurs as a result of the violation. The approving authority shall have the right to reduce the tiIæ r~ired to obtain satisfactory r 767 June 24, 1986 canpliance, depending on the arrount of environmental degradation occurring as a result of the violation. No person shall continue discharging in violation of this article beyond the time limit provided in this notice. The approving authority shall have the authority to publish annually in the Rœ.noke Times & World News newspaper a list of persons which were not in canpliance with the terms of this article at least once during the tWlel ve (12) previous months. I See. 16-67. Penalty for violations. (a) A person who continues prohibited discharges, beyond the time prescribed in the notice given pursuant to section 16-66, for the first time is guilty of a misdaneanor and upon conviction is punishable by a fine of not more than two hundred dollars ($200.00) for each act of violation and for each day of violation. The second and subsequent offenses are punishable by a fine of five hundred dollars ($500.00) for each act of violation and for each day of the violation. After the third offense, the approving authority shall have the right to terminate the sewer and water connection. (b) In addition to proceeding under authority of subsection (a) of this section, the County is entitled to pursue all other criminal and civil ranedies to which it is entitled under authority of state status or other ordinances of the County against a person continuing prohibited discharges. See. 16-68. paynent 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 CJIÑIler, upon due ascertairnœnt 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 fran the property CJIÑIler. The payment of such cost shall not relieve any person fran prosecution for a violation of this article. I This arœndrnent to be in full force and effect fran and after July 1, 1986. On motion of Supervisor Nickens, seconded by Supervisor Garrett and upon the following recorded vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None Public Hearing to establish water and sewer rates for the 1986-87 fiscal year. APPROVED John Chambliss reported that during the budget process the County recommended two new programs to be considered: I replacement of water meters program; and sewer evaluation and rehabilitation program. Both of these programs were suggested to be funded through water and sewer rates. In order to fund these programs, an increase in rates is necessary. The proposed base rate for water will be $7.01 per month; base rate for sewer will ~ 768 June 24, 1986 ,_....... _. -- ....--.,.... ._ ..-_....._ ._.... ,__ __ ._.~.._._.,. V"__ ~~__ be $5.59 per month and volume cost per 1,000 will be $1.04 for water and .78 for sewer. I Supervisor Nickens moved to approve the prepared ordinance. The motion was seconded by Supervisor Johnson. ORDINANCE 6-24-86-147 AMENDING AND ESTABLISHING A WATER USER RATE AND A SEWER USER RATE FOR ROANOKE COUNTY BE IT ORDAINED by the Board of Supervisors of Roanok 1. That the Roanoke County Code is hereby amended t County, Virginia, as follows: establish a water user rate and a sewer user rate for resident' 1 and commercial customers of Roanoke County, Virginia, SCHEDULE OF BASE CHARGES Volume Based I 1000 Gallons Per Month 10 14 17 28 39 54 69 III 153 210 267 440 613 853 1093 1400 1707 2087 2467 Water $ 7.01 10.52 17.53 29.09 40.66 56.08 72.20 116.72 161.23 221.17 281.10 463.01 644.92 897.28 1,149.64 1,472.10 1,794.56 2,194.13 2,593.70 Sewer $ 5.5 8.3 13.9 23.2 32.4 44.7 57.5 93.0 128.5 176.3 224.1 369.2 514.2 715.5 916.7 1,173.9 1,431.0 1,749.6 2,068.3 The volume charge will be based on water used and will be $1.04 per 1000 gallons for water and 0.78 per 1000 gallons for sewer. The volume charge is added to the base charge to determine the total water and sewer bill. I 2. That the County Administrator is authorized to adjust utility charges arising from filling swimming pools wit system. Any such adjustment shall be limited to once per year water when such water is not introduced into the sanitary sewe and be for sewer charges only. The County Administrator may promulgate regulations to implement this adjustment procedure. , 7 6 ~ June 24, 1986 3. That the provisions of this ordinance and the rates established hereby shall be effective from and after July 1, 1986. On motion of Supervisor Nickens, seconded by Supervisor Johnson and the following recorded vote: AYES: Supervisors Johnson, Nickens, Garrett, McGraw, and Brittle NAYS: None I IN RE: ADJOURNMENT Chairman Brittle adjourned the meeting at 8:30 p.m. M-- \1. ~"*\ '- Chairman I I