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ROANOKE COUNTY BOARD OF SUPERVISORS
AGENDA
NOVEMBER 16, 1993
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Welcome to the Roanoke County Board of Supervisors meeting. Regular
meetings are held on the second Tuesday and the fourth Tuesday at 3:00
p.m. Public hearings are held at 7:00 p.m on the fourth Tuesday of each
month. Deviations from this schedule will be announced.
THE AUDIT COIVIlVHTTEE WILL MEET AT 2:00 P.M. AT THE
ROANOKE COUNTY ADMINISTRATION CENTER
Individuals with disabilities who require assistance or special arrangement in
order to participate in or attend Board of Supervisors meetings or other
programs and activities sponsored by Roanoke Couniy, please contact the
Clerk to the Board at (703) 772-200 We request that you provide at least 48-
hours notice so that proper arrangements may be made.
A. OPENING CEREMONIES (3:00 P.M.)
1. Roll Call.
2. Irnocation: The Reverend Laney Mofield
Colonial Avenue Baptist Church
3. Pledge of Allegiance to the United States Flag.
B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE TIC
ORDER OF AGENDA ITEMS
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® Recyded Paper
C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS,
PRESENTATIONS AND AWARDS
1. Proclamation Declaring the Week of November 14 through
20 as American Education Week.
2. Introduction of Budget Manager and Budget Analyst.
3. Report from the Science Museum of Western Virginia
(Ken Schutz, Executive Director)
D. NEW BUSINESS
1. Request for Approval of the Sewage Treatment Plant
Contract. (Clifford Craig, Utility Director)
2. Request for Approval of Funding for Water and Sanitary
Sewer Projects. (Clifford Craig, Utility Director)
3. Request for Approval to Fund a Preliminary Engineering
Study as a Result of a Citizen Petition to Provide Public
Sewer Service to the Lakefront Drive Area. (Clifford
Craig, Utility Director)
4. Request from Strauss Construction for 100%
Reimbursement of the Cost of Off-Site Sewer Facilities for
the Proposed Cotton Hills Subdivision. (Clifford Craig,
Utility Director)
5. Report on 1993/94 Year-end Operations and
Appropriation of Remaining Funds. (Diane Hyatt,
Director of Finance)
E. REQUESTS FOR WORK SESSIONS
F. REQUESTS FOR PUBLIC HEARINGS
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G. FIRST READING OF ORDINANCES
1. Ordinance Vacating a 20 Foot Wide Alley Adjacent to 3628
Larson Lane and Recorded in Plat Book 4, Page 55,
Section 1, Melody Acres, Located in the Windsor Hills
Magisterial District. (Arnold Covey, Director of
Engineering & Inspections)
2. Ordinance Vacating an Unimproved Dedicated Strip of
Land Referred to as Dallas Road, Located in the
Otterview Gardens Subdivision and Recorded in Plat Book
54, Page 52, Located in the Hollins Magisterial District.
(Arnold Covey, Director of Engineering & Inspections)
H. SECOND READING OF ORDINANCES
1. Ordinance Declaring the Pinkard Court Recreation Center
as Surplus Property and Authorizing Donation of the
Facility to Total Action Against Poverty. (Terry
Harrington, Planning & Zoning Director) ~COIVTIIViTED
FROM OCTOBER 26, 1993)
2. Ordinance Authorizing the Corneyance of aRight-of--Way
and Easement on Fort Lewis Mountain to David Shelor.
(Joseph Obenshain, Sr., Assistant County Attorney)
CONTIlVUED FROM OCTOBER 26, 1993)
3. Ordinance Authorizing the Acquisition of a Permanent
Access and Ernironmental Clean-Up Easement from
Richard P. Rider in Connection with the Dixie Caverns
Landfill Site. (Vickie Huffman, Assistant County
Attorney)
I. APPOINTMENTS
1 Blue Ridge Community Services Board
2. Grievance Panel
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2. Grievance Panel
3. Library Board
4. Planning Commission
5. Roanoke Valley Resource Authority
6. Regional Cable TV Committee
J. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA
ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND
WII,L BE ENACTED BY ONE RESOLUTION IN THE FORM
OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED,
THAT ITEM WII.L BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY.
1. Approval of Minutes for October 12. 1993, October 26,
1993.
2. Confirmation of Committee Appointment to the Roanoke
Regional Cable TV Committee.
3. Acceptance of Water and Sanitary Sewer Facilities Serving
Waterford, Section 4.
4. Approval of Amendments to the Bingo and Raffle
Application and the Financial Report.
5. Acceptance of a Grant by the Clerk of Circuit Court
Clerk's Office for Smoke and Fire Detection and Crime
Prevention Improvements.
6. Acknowledgement of Acceptance of 0.10 miles of Olney
Road and 0.08 miles of Corllens Lane into the Virginia
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Department of Transportation Secondary System.
7. Donation of Right of Way Easement in Connection with
the Camney Lane Road Project.
8. Request to Appropriate $1,000 Grant from the National
Council on US Arab Relations to the School Grant Fund.
9. Donation of Existing Tank Lots and Related Access
Easements in Section 1 of Branderwood Subdivision and
Section 7, SteepleHunt of Canterbury Park Subdivision
from Boone, Boone, & Loeb, Inc.
K. REPORTS AND INQUIRIES OF BOARD MEMBERS
L. CITIZENS' COIVIlI~NTS AND COMMUNICATIONS
M. REPORTS
1. General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
3. Board Contingency Fund
4. Accounts Paid -September 1993
5. Accounts Paid -October 1993
6. Report on Approval by the Health Department of the
Proposed Water Treatment Process.
7. Status Report on the Dixie Cavern Landfill Cleanup
8. Statement of Revenues and Expenditures as of September
30, 1993 and October 31, 1993
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N. EXECUTIVE SESSION pursuant to the Code of Virginia
Section 2.1-344 A (5) Discussion concerning a prospective
business or industry where no previous announcement has been
made; (7) Consultation with legal counsel and briefings by staff
members pertaining to actual or probable litigation, (a) 301
Gilmer Associates litigation; (b) Roanoke County v. General
Electric et al; (c) Board of Zoning Appeals.
O. CERTIFICATION OF EXECUTIVE SESSION
P. ADJOURN1ViENT TO WEDNESDAY, NOVEMBER 17, 1993 AT
8:00 A.M. TO TOUR THE SPRING HOLLOW RESERVO
THE SMITH GAP IANDFILL, THE DIXIE CAVERNS
LANDFILL AND THE ROANOKE REGIONAL AIRPORT.
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G- I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE
COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER
ON TUESDAY, NOVEMBER 16, 1993
PROCLAMATION DECLARING THE WEER OF NOVEMBER 14-20, 1993,
AS AMERICAN EDUCATION WEER
WHEREAS, American public education has been the pillar
of our democratic system of government for more than 200 years; and
WHEREAS, advances in technology have increased the
necessity for all students to be better educated; and
WHEREAS, the future of America in the twenty-first
century depends on students who are in our public schools today;
and
WHEREAS, educators have a major role in shaping the
minds that will create the future; and
WHEREAS, all citizens of the United States have an
important role to play in ensuring that each of today's students is
prepared to meet the challenges of the next century.
NOW, THEREFORE, We, the Board of Supervisors of Roanoke
County, Virginia, do hereby proclaim the week of November 14 - 20,
1993, as AMERICAN EDUCATION WEER and urge all citizens to reaffirm
their commitment to our public schools.
IN WITNESS WHEREOF, WE have hereunto set our hands and
caused the seal of the County of Roanoke, Virginia, to be affixed
this 16th day of November, 1993.
ACTION NO.
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE
COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
AGENDA ITEM: Annual Report from the Science Museum of
Western Virginia
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Board Chairman Minnix has requested time on the agenda for the
Science Museum of Western Virginia to update the Board members on
their activities during the past year, and their plans and vision
for the future.
Ken Schutz, Executive Director, will make the presentation.
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Elmer C. Hodg
County Administrator
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ACTION VOTE
Approved ( ) Motion by: No Yes Abs
Denied ( )
Received ( )
Referred ( )
To ( )
Eddy
Johnson
Kohinke
Minnix
Nickens
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~~„ Science Museum
//%/~ of Western Virginia
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and Hopkins Planetarium
One Market Square Roanoke, Virginia 24011 (703) 342-5710
SCIENCE MUSEUM OF WESTERN VIRGINIA
LONG RANGE PLAN
A LOOK TO THE FUTURE
As we approach our 25th anniversary, the Science Museum of
Western Virginia's greatest challenge is to redesign our
interactive galleries and bring our exhibits back to the
state-of-the-art level that is required to educate students
and the public about science and technology, so that they
are better able to function in our technological society.
Our current exhibits, now in place for ten years, were
state-of-the-art when first introduced, but we live in a
world where things move quickly - and what was new ten years
ago, is woefully outdated today. In recognition of this
situation, last year the Museum's board and staff began an
extensive long-range planning process which included
visiting with colleagues in comparable facilities around the
country in order to collect exhibitry ideas and techniques
that would create the right mix of interactive exhibits for
the SMW"V's renovation.
This on-going planning process has resulted in the following
facility renovation recommendations:
Renovations to Hopkins Planetarium
Hopkins Planetarium, featuring a 40 foot sky dome and
versatile Spitz star projector, has consistently been one of
the most popular of all features at the Science Museum of
Western Virginia. In fact, since opening in 1983, more than
one million visitors--mostly children accompanied by their
parents or teachers--have attended star shows, visiting
laser shows, and special wide screen films in Hopkins
Planetarium.
In the ten years that have ensued since Hopkins
Planetarium's opening, the technology associated with star
show presentations--most notably the enhancements and
special effects made possible by computers--has advanced at
a tremendous rate. We now find ourselves often having to
forego the newest and most exciting star shows because our
projection equipment and backup computer capability are not
sufficient to handle the new formats. And each year we fall
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further behind.
The same has occurred in our movie projection system, where
industry standards have moved to video presentations, and in
some instances, even to the new digitized formats. Finally,
we have never had in-house laser projection equipment,
relying instead on outside vendors, and now that the
technology has become more affordable, we want to add this
capability to the daily offering we provide for school
groups and visitors.
The planned renovations for Hopkins Planetarium fall into
three broad groups:
Equipment Upgrades and Renovations. By far the most
expensive aspect of renovating Hopkins Planetarium is
the cost of upgrading or, in some cases, replacing
obsolete equipment. Planned changes include: new
lenses and projection systems for the current library
of films; the addition of a complete and
technologically-sophisticated video projection system;
the addition of laser disc players; resurfacing the
sky dome; enhanced sound capability (e.g. Dolby); Spitz
equipment upgrade to the most recently developed star
projection system; and satellite hook-up and
installation.
Facility Renovation and Enhancements. Creation of a
visitor orientation center; refurbishment of seats,
walls and carpet; installation of running alley lights
for visitor safety; and necessary re-wiring.
Addition of Laser Technology. The absence of permanent
laser capability has always been a disappointment for
the Museum's staff and visitors. After careful
research, the Planetarium director has selected a
system called "Laser Fantasy" that will provide all
equipment needed to create and offer educational laser
demonstrations, inspiring laser art shows, and make
possible basic scientific research utilizing this
technology.
The total cost for the equipment and facility
renovations to Hopkins Planetarium will be $310,000.
The total cost for adding Laser capability to Hopkins
Planetarium will be $150,000.
The total budget for completion of this portion of the
Museum's renovation is $460,000.
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Science Laboratory and Prep Room
Currently, the Science Museum has. a classroom fully wired
and plumbed to serve as a chemistry/biology/physics lab for
students, particularly in the middle to upper grades.
Unfortunately, this facility remains un-equipped and is
therefore currently being utilized at just a fraction of its
capacity. An important part of the Museum's capital
improvements in the next biennium will be the completion of
this facility so that it can serve as an integral part of
the Museum's educational programs and services. Specific
improvements include: fitting out the lab with work tables
(including gas, water, and electrical hook-ups); equipping
the lab; acquiring an environmental chamber; adding a
portable fume hood; adding an instructor's microscope with
video projection; adding other AV and video equipment
necessary for educating large groups; and purchasing five
386 SX computers (IBM Compatible) to run scientific and
educational software.
The total cost for fitting out and equipping the
Museum's science lab and adjacent prep room is
$110,000.
"Body Tech" Health Exhibit
A permanent exhibit in the Science Museum of Western
Virginia, since its relocation in Center in the Square in
1983, has been the "Health and Human Senses" gallery. This
exhibit has always been immensely popular with our visitors,
and is also very heavily utilized by teachers in reinforcing
their in-classroom instruction.
The importance placed on health education by science museums
is a phenomenon that has been occurring more and more
frequently throughout the country, especially in light of
the national attention focused on this subject. In
recognition of the growing importance of this topic, ASTC
(Association of Science and Technology Centers) in
cooperation with the NSF (National Science Foundation), has
developed a prototype health exhibit called "Body Tech" that
is completely interactive, and which is designed to appeal
to and educate both children and adults.
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This new exhibit has been enormously successful and
effective in the science museums in which it is already
installed, and both ASTC and NSF are now able to make the
same basic exhibit available to other museums at a
substantially reduced cost (since all of the design and
testing costs have been incurred). At the Science Museum of
Western Virginia, "Body Tech" will serve as a cornerstone of
our renovation of the current health gallery, allowing of
course, for local input from regional health care providers-
-who also will be likely major funders of this exhibit.
Specific components of "Body Tech" include the following
interactive exhibits: A six foot tall simulation of a heart,
in which visitors "do the pumping;" a mini surgical camera
demonstrating arthroscopic procedures in the knee; a hearing
loss simulator; larger-than-life demonstrations of gas
exchange in the circulatory system's capillaries; a complete
skeleton of a human arm attached to a door knob showing how
the bones perform during this simple task; and a CD ROM
learning station where visitors select and learn about the
medical topics that interest them the most.
The complete cost for installing "Body Tech," including
customization, enhancement and adaptation to match the
needs of this particular region of the state, as well
as the priorities of the local funding agencies, is
$325,000.
Applied Technology Gallery
The ever increasing role that science and technology play in
our daily lives require that all of us (and especially
students) have not only a theoretical understanding of the
scientific principles that drive technology, but also a
working knowledge and high degree of comfort with actually
using that technology.
"Technophobia" is a term that has been coined to capture the
discomfort many people currently feel when presented with
high technology equipment and situations--whether it's a VCR
that needs to be programmed, a computer that organizes and
automates office procedures, or a laser that makes cataract
surgery much less invasive than traditional methods.
The consequences of technophobia can be severe. First, it
prevents individuals from taking advantage of all the
benefits offered by today's technological advancement.
Second, by actually frightening some students, it can cause
a reduction in the pursuit of science education and careers.
Finally, because technology is the foundation of future
industry and commerce, and because so many other national
economies have embraced technology as a way of achieving a
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global competitive advantage, we as a nation run the risk of
falling behind our economic competitors if our workers and
students cannot exploit the benefits offered by technology.
The Museum has planned its new Applied Technology Gallery to
address just these concerns. It will use cutting edge
technology--such as virtual reality simulators, CD ROM video
systems, and "smart" computers--to educate, entertain, and
inspire students and visitors. Specific exhibits planned
include: talking computers; voice activated computers;
sophisticated drawing computers that actually let visitors
finger paint directly on the monitor; brain-teaser
computers, and a virtual reality chamber that can immerse
visitors in eight different simulated environments.
Applied technology galleries at other museums throughout the
country have proved enormously successful in attracting new
visitors to the museum and, especially, in helping all
visitors overcome their own "technophobias" in a non-
threatening and entertaining way.
The complete cost for creating and equipping the
Museum's Applied Technology Gallery will be $205,000.
Renovation of the Physics, Meteorology and Energy Galleries
As noted above, the Museum's more traditional galleries,
especially those devoted to physics, meteorology, and energy
were developed and installed ten years ago. In most ways,
the concepts presented in these galleries are still
completely current and appropriate for today's students and
visitors. Where they are lacking is in the manner of
presentation--what was state of the art and therefore
engaging to visitors 10 years ago is today commonplace.
This challenges our Museum, like all such institutions, to
develop new ways to capture the attention and imagination of
our visitors by upgrading each of these galleries.
To achieve this goal we have been working with a non-profit
organization called the "Exploratorium"--a veritable think
tank of science exhibitry consultants--to determine how we
can take advantage of new exhibitry techniques to make our
physics, meteorology and energy galleries even more
effective.
The Exploratorium has worked closely with the National
Science Foundation and leading science museums throughout
the nation to develop and test a complete offering of
interactive science exhibits. Currently the Exploratorium
has an inventory of 800 state of the art exhibits, and these
are customized to fit the specific needs of each individual
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museum and community where they are installed. The Museum
has been working with potential local funders, such as a
regional TV broadcast station, to select the best exhibits
from among this list.
By involving our funding partners in the planning phase of
the gallery renovation we are able to optimize the
effectiveness of the exhibits we plan, as well as maximize
the degree of support we receive from the private sector.
For example, in working with the regional TV station, we
have identified that a 10 foot tall, eight foot wide,
cylindrical tornado simulator will become a cornerstone of
our new weather gallery. At the same time we have developed
a strong working relationship with the head meteorologist at
this station and, at his request, have submitted a proposal
to the station for major sponsorship of this exhibit.
We are likewise working with local utilities to achieve
their support for acquiring new exhibits from the
Exploratorium to upgrade and renovate the energy gallery,
and from local manufacturers in high tech industries to
support renovation of our physics (including optics,
kinetics and sound) galleries.
The complete cost of the planned renovations to the
Science Museums physics, meteorology and energy
galleries is $300,000.
Master Planning and Architect Fees
Over the next biennium, the Science Museum of Western
Virginia plans to invest $1.5 million in the renovation of
its Planetarium and major galleries. The planning and
implementation of these capital improvements will be guided
by the Museum's Board of Trustees and its executive staff,
using procedures very similar to those employed when the
Museum first expanded and moved into Center in the Square in
1983. Key among these will be retention of a master
planning firm to assure an overall consistency and logical
sequencing of renovation activities, and selection of an
architectural firm that is experienced in and sensitive to
the unique design needs of a science museum. The total
funds required for these professional services will be
$100,000.
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ACTION #
A-111693-1
ITEM NUMBER ~-~'
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
AGENDA ITEM: Approval of Sewage Treatment Contract with the City
of Roanoke
COUNTY ADMINISTRATOR'S COMMENTS: ~~~~~~~ ,-~v~
~~
BACKGROUND•
The City of Roanoke provides for the treatment of Roanoke County
generated sewage under the provisions of a 1972 Sewage Treatment
Contract. Although the Contract does not expire until the year
2002, a new Contract is proposed prior to the pending upgrade of
the Sewage Treatment Plant.
SUMMARY OF INFORMATION:
The attached Sewage Treatment Contract has been provided to all
participating municipalities for comment and/or approval. The
Contract provides for capacity in and cost sharing of the upgrade
of the City of Roanoke owned Regional Sewage Treatment Plant. The
Contract is for a period of 40 years.
The following history of this Contract is provided for the Board's
information:
(1) At a September 5, 1990 meeting with staff of the valley
governments, it was agreed that the non-Roanoke City
governments would meet to develop cost distribution among the
non-Roanoke City governments and; make recommendations
regarding any changes to the terms of the 1972 Sewage
Treatment Contract.
(2) The non-Roanoke City government staffs met and drafted
revisions to the 1972 Contract. This revised document was
reviewed by the attorney for each of the four governments. A
final draft of the revised document was sent to the City of
Roanoke on February 20, 1991.
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(3) On March 19, 1991 the City of Roanoke stated in a letter to
the. County of Roanoke that they would like six changes made to
the Contract and would provide language changes for our
review. They also stated that an appendix indicating cost
sharing and capacity for each municipality would be required.
Otherwise "there can be no contract."
(4) In order to obtain an equatable cost sharing between the
municipalities, the non-City of Roanoke governments hired a
consultant to determine a fair cost sharing and to negotiate
a final cost sharing with the City of Roanoke.
(5) At a September 9, 1993 negotiation meeting, the City of
Roanoke provided the suggested language changes mentioned in
their March 19, 1991 letter.
(6) On September 15, 1993, the non-City of Roanoke government
staffs met and discussed the suggested changes the City had
proposed. The staffs generally agreed to the proposed changes
with minor revisions.
(7) Roanoke County then re-drafted the Sewage Treatment Contract
including the City of Roanoke's suggested changes. On
September 30, 1993, the consultant provided Roanoke County
with the final quantities to be included in the appendix for
the Contract. The appendix was then added to the Contract for
distribution.
(8) On October 4, 1993, the re-drafted Contract including the
appendix was hand delivered to all participating
municipalities by the County. The accompanying cover letter
requested staff to review the draft and call to set up a
meeting the following week to discuss any differences they may
have with the draft Contract. To this date, no one has called
to request a meeting.
(9 ) On November 3 , 1993 , the City Attorney for the City of Roanoke
called the County Attorney to state the City was going to re-
write the entire Contract because they did not like the
language.
Staff had previously planned to bring the non-contested Contract to
the Board for approval at the November 16th meeting. Staff does
not know how long it will take the City of Roanoke to re-write the
Contract or how long after that time it will take other governments
to review the new language.
It is staff's desire for Roanoke County to continue its leadership
role in this matter and ask the Board of Supervisors to approve the
attached Contract with the City of Roanoke for sewage treatment
service. If there are changes to the contract, amendments will be
brought back to the Board for approval before execution of the
contract.
~-i
RECOMMENDATION•
Staff recommends that the Board of Supervisors approve the attached
Contract for sewage treatment service with the City of Roanoke.
A Work Session will be scheduled in January 1994 to discuss
proposed sewer rates.
SUBMITTED BY:
APPROVED:
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Cliffor aig, P.E. Elmer C. Hodge'
Utility Director County Administrator
Approved (<;
Denied ( )
Received ( )
Ref erred
to
ACTION VOTE
Motion by: fob I, . ~TOhri acs: -moo No Yes Abs
approve contract in Eddy x
principal Johnson x
Kohinke x
Minnix x
Nickens x
cc: File
Clifford Craig, Director, Utility
Paul M. Mahoney, County Attorney
~_i
THIS CONTRACT, made and entered into this the day
of Nineteen Hundred
between the CITY OF ROANOKE ~bY and
hereinafter referred to as the "Ci party of the first part and
party of the second part, and the COUNTY OFh ROANOKE, partyEofUthe
third part; and the CITY OF SALEM, party of the fourth part; and
the TOWN OF VINTON, part of the fifth part; (all parties being
political subdivisions of the Commonwealth of Virginia);
W I T N E S S E T H:
WHEREAS, the City of Roanoke operates within and without
its boundaries, a sewage treatment plant facility with a system of
interceptors leading therefrom to portions of the City's corporate
limits and, at places, to points beyond said corporate limits,
which said plant and system is capable of treating wastes which
otherwise and at times heretofore have been discharged into the
waters of Roanoke River and its tributaries; and
WHEREAS, the parties to this contract represent the
citizens of,the Roanoke Valley and its outlying area; and
WHEREAS, it is the desire of the citizens to protect the
health and well-being of the community and its environment, and to
dispose of the waste by-products of the community in a safe and
efficient manner sharing costs and benefits fairly; and
WHEREAS, a previous contract was executed between the
City of Roanoke and with the other parties to the agreement to
govern the provisions for transmission and treatment of the sewage
effluent; and
WHEREAS, the City of Roanoke is agreeable that its said
treatment plant and system of interceptors serve as a regional
facility and entered into contracts with other governing bodies in
said areas to accept, transport and treat certain of the sewage and
wastes originating in areas outside said City's corporate limits;
and
WHEREAS, it is necessary to upgrade and expand the
present regional sewage treatment plant and incoming interceptors
and the parties to the agreement wish to arrange for the capital
funding to be shared,- along with establishment of the necessary
relationships between the parties for the operation, maintenance,
capacity allocation, and future needs of the City's regional sewage
treatment plant and its associated facilities; and
WHEREAS, the other parties desire that the City receive
the normal wastes originating within the AREAS hereinafter defined
and transport the same to ,and treat such wastes at, its sewage
treatment plant, to the end that no untreated or improperly treated
wastes from said AREAS be discharged into the streams, or elsewhere
within said AREAS, and
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WHEREAS, in the judgment of the parties to this contract,
the transportation to and the treatment of such wastes originating
in the AREAS, at the City's sewage treatment plant will be to the
advantage of all parties to this agreement.
THEREFORE, FOR AND IN CONSIDERATION of the premises and
of the covenants and obligations herein contained, the parties
hereto covenant and agree, one with the other, as follows:
I. DEFINITIONS:
The parties hereto agree that the following words,
items and abbreviations as used in this contract shall have the
following defined meanings:
A. AREA: Botetourt County:
All of the area or territory of Botetourt
County, Virginia, situate within the natural drainage basin of the
Roanoke River and its tributaries and including the territory of
the Town of Troutville, and its environs along with associated
regions of the County whose drainage may be pumped into the Roanoke
River basin as determined in the judgment of Botetourt County;
AREA: Roanoke County:
All of the unincorporated area or territory of
Roanoke County, Virginia not assigned as the service area of the
Town of Vinton.
AREA: City of Salem:
All of the incorporated area or territory of
the City of Salem, Virginia.
AREA: Town of Vinton:
All of the incorporated area or territory of
the Town of Vinton including those portions of Eastern Roanoke
County that are assigned as the service of the Town of Vinton.
B. City: The City of Roanoke, Virginia.
C. b.o.d. or b.o.d. content: the quantity of
oxygen utilized in the biochemical oxidation of organic fatter
under standard laboratory procedure in five days at 20 C.,
expressed in parts per million by weight.
D• p.p.m.: parts per million.
E. pH: the logarithm of the reciprocal of the
weight of hydrogen ions in grams per liter of solution; a
stabilized pH will be considered as one which does not change
beyond the specified limits when the waste is subjected to
aeration.
2
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In cases of dispute over line capacity, engineers of the City and
engineers of the other parties as interested and required together
with another third mutually acceptable engineer, if necessary,
shall resolve the question in dispute.
The delivery points to the City shall be determined by
reasonable criteria established by the City, and any questions of
dispute resolved as above.
The City agrees to accept, at said point or points, all
of the normal wastes and acceptable industrial wastes from the
AREAS and to transport the same therefrom, through its interceptor
line or lines, to its sewage treatment plant, and to accept and
treat all such wastes in its treatment plant to the same extent and
degree that it shall accept and treat wastes originating within the
City, at its said treatment plant; and such treatment shall be the
exclusive responsibility of the City. No such acceptable sewage or
acceptable waste discharges shall be made from within the AREAS
directly or indirectly to a stream except as may be permitted from
time to time by the Virginia Department of Environmental Quality.
All acceptable wastes. treated at the City treatment plant,
including wastes originating in the AREAS, shall be the property of
the City.
C. The sewerage system and all facilities
necessary for the collection of wastes within the AREAS
hereinbefore described shall be provided and maintained by the
other parties in the agreement to the several points of delivery of
wastes from said AREAS without cost to the City, except as
otherwise expressly provided in this agreement.
All wastes from the AREAS which are delivered or
transmitted to the sewer lines of the City and/or the City's
treatment plant shall be continuously metered by recording flow
meters for the purpose of accurate measurement and recordation of
volume discharges, such meter or meters to be installed by the
other parties at reasonable locations at or immediately near their
boundary lines. should the other parties connect, by their
interceptor or interceptors, to an interceptor or interceptors of
the City at or near the other parties' boundaries, then a meter
shall be installed at each point of connection for determination of
flows received by the City. Should the other parties, as an
alternative arrangement, extend by interceptor or interceptors from
their boundaries directly to connect with the City's sewer lines at
the City's boundaries, then the above meter or meters shall be
provided at the other parties' boundaries and a determination as to
the requirement of a meter or meters at the connections to the
lines within the City's boundaries shall be made at a later time,
dependent upon the progress of connections.
4
,, ~.
,~..~ ~'
Should weather conditions, malfunctioning of meter or other
circumstances beyond immediate remedy by the City reasonably
prohibit the City from a regular reading of a meter, then the
sewage flow through such line for the particular month shall be the
average of the sewage flow for the three consecutive preceding
months with similar rainfall wherein actual sewage flows were
recorded. Records of metered and calculated sewage flow, obtained
and maintained by the City, shall be reported to the other parties
and such records shall be available for inspection by the other
parties during all normal business hours.
The City may or, at the City's request to one of the
other parties made in writing, the other party so requested shall
provide, install and maintain a by-pass connection around each such
meter, for emergency use only, by the City; and the City may or, at
the City's request to such other party made in writing, that other
party shall provide, install and maintain manually or automatically
operated facilities for taking samples at each said metering place
or at any point of delivery of that party's wastes; and that party
shall reimburse the City for any expense incurred by the City in
installing all such by-pass connections and sampling facilities,
upon being billed therefore by the City.
All charges or expenses billed by the
parties under this Section C shall be based
reasonable costs of standard equipment, and
maintenance thereof. In cases of dispute
requirements or costs thereof, the same shal
provided for disputes in Paragraph II. B.
City to the other
on then current
installation and
as to equipment
1 be resolved as
D. It is expressly understood and agreed between
the parties hereto that the City, by this contract, undertakes and
obligates itself to treat wastes originating within the AREAS only,
and that the charges hereinafter provided for are charges intended
to be made to the other parties for services rendered the AREAS as
a unit. Accordingly, the other parties hereby covenant and agree
that they will not, without prior approval of the City expressed in
the form of a resolution or resolutions of its governing body,
deliver to the City under the terms and at the charges provided for
in this contract any wastes originating outside the limits of the
AREAS defined previously.
III. CHARACTER OF WASTES:
A. The character of wastes delivered by the other
parties and accepted by the City, under this contract, shall
consist only of normal sewage, except as hereinafter provided. The
other parties, therefore, especially covenant and agree that the
AREAS' wastes, as delivered to the City's sewer lines, shall not
contain elements as outlined in the City Code current at the time
of any consideration which are harmful to the sewage treatment
plant or containing any elements or concentrations in contradiction
6
-,.
sewer system within the corporate limits of the City.
C. The City may accept at any point of delivery
for transmission and treatment as its sewage treatment plant,
certain industrial wastes under the provisions of the City's Sewer
Use Ordinance and the industrial pre-treatment agreements made by
the parties to this contract, other than those materials
specifically excluded in Paragraph A., hereinabove, with strength
exceeding normal sewage. Such wastes shall not exceed an absolute
maximum of 1,000 p.p,m, b.o.d. or 1,000 p.p.m, suspended solids or
such other concentrations that would be contrary to the then
prevailing City Sewer Use Ordinance. The other parties shall pay
to the City an amount sufficient to cover the additional expense of
handling such wastes, beyond the base rate cost for normal sewage,
as provided in Paragraph IV., infra.
D. The other parties expressly covenant and agree
to adopt, maintain and enforce within the AREAS hereinabove
provided compulsory ordinances, no less ,..regulatory or restrictive
than ordinances effective within the City, regulating, limiting or
prohibiting the introduction into the sewer distribution or
collector lines in said AREAS of excluded or objectionable
substances, matter or materials, either as to quality or quantity
thereof.
IV. CHARGES FOR SEWAGE TRANSMISSION AND TREATMENT
SERVICE:
The other parties agree to pay the City the following
charges for transmitting and treating all normal wastes of the
AREAS of the kind, strength, b.o.d. and suspended solids content
herein contemplated, delivered to the City from the AREAS such
wastes to be measured at each point of delivery from the AREAS as
heretofore provided; no part of which charges shall constitute or
create an equity of the other parties in the value of the City's
sewage treatment plant or sewage system; although capacity is
allocated as set forth herein.
A. The annual charges for transmission and
treatment of waste from the AREAS shall be set for the period July
1 - June 30 each year. The base rate of the monthly charge to the
other parties for wastes from their respective AREAS by the City
per one million gallons of such wastes accepted by the City for
transmission and treatment shall be determined by the method set
out in Sections B., C., D. and E., next following.
commencement ofBdeli~erytof wastes from each JAREA andtonfJulowlst
of each year thereafter, the base rate of monthly charge to the
other party per one million gallons, for each succeeding 12-month
period during the term of this contract for accepting, transporting
and treating normal wastes from said AREA shall be the amount of
8
~-i
Operation and Maintenance: Actual cost
of operation and maintenance of the City's regional sewage
treatment and joint use interceptor facilities, excluding the cost
of the City's enforcement of the industrial pretreatment program
within the City, and including the following items of cost:
personal services, stationery and office supplies, and equipment,
postage, telephone, other communications, insurance and bond
premiums, automotive, travel, supplies, fuel, electricity, water,
repairs, workmen's compensation insurance costs, management,
engineering, legal, treasury, accounting, billing, employees
retirement, hospitalization and social security as paid by the City
and miscellaneous expense; reduced by revenues received by the City
during the year from (1) the sale of waste products of said
treatment plant, and (2) the surcharge fees collected by the City
and those provided the City by the other parties.
Capital Outlay from Revenue:. Capital
Outlay from revenue on the treatment plant and joint-use
interceptor facilities shall be determined annually by the City and
included as operation and maintenance costs. Expenditures for
joint-use facilities shall be those costs funded from retained
earnings and shall be used to determine the succeeding year's cost
for sewage treatment, except in those instances when any such
annual expenditures shall exceed $500,000 in 1994 dollars, adjusted
annually by the Engineering News Record Construction Cost Index for
sewage treatment facilities.
1. If these costs do exceed $500,000, the City may
elect to make an adjustment to the then prevailing rate at that
time, by recalculating the current year rate as if the
aforementioned expenditure had occurred the preceding year with the
adjusted rate calculated to recover the necessary expenditure
during the next six months. The City will give notice to the Other
Parties that this election will be made prior to the expenditure of
the funds in order that all parties can plan for the adjusted rate.
2. Capital Outlay from Revenue expenditure exceeding
$1,000,000 in 1994 dollars in any one year, adjusted by the
Engineering News Record Construction Cost Index for Sewage
Treatment Facilities, may at the City's option, be capitalized over
the life of the improvement or 10 years, at the prevailing interest
rate obtained by the City from the sale of revenue bonds plus 1% or
the prevailing 20 year Municipal Bond Rate, whichever is greater,
with the cost expressed as debt principal and interest added to the
cost calculation formula.
under the Reserve f r Replacement Section f theb1972 contractsras
of June 30, 1994, shall be capitalized over a ten (10) year period
at the prevailing interest rate last obtained by the City from the
sale of revenue bonds plus 1% or the prevailing 20 year Municipal
Bond Rate, whichever is greater, and said costs distributed among
10
J~7. -I
D. In any month during any twelve-month period of
the term of this contract during which additional treatment costs
are incurred by the City due to the need for or requirement of
additional treatment or handling, either due to quality or quantity
of wastes, the charge to the other parties per million gallons for
that month shall be adjusted by addition of such additional cost to
the City.
E. Should the strength of the wastes at any point
of delivery to the City, or of delivery to others for delivery to
the City, exceed a b.o.d. of 300 p.p.m. or suspended solids of 300
p.p.m.,as determined by the City through metering and sampling,
then the offending party agrees to pay to the City until the wastes
are determined by sampling to have been reduced to within the
limits of normal wastes, a surcharge, in addition to the base
charge hereinabove provided for normal wastes, of two per cent,
(2%), of the base rate hereinabove provided, for each ten, (10),
p.p.m. of b.o.d. or suspended solids,or each fraction thereof, for
the transportation and treatment of the aforesaid wastes, within
the limits set forth in Paragraph III. C., hereinabove. The
frequency of sampling to be required or necessitated for
determination of the above such reduction shall be reasonable.
Persistent excesses may be subject to the City's regular schedule
of sampling. Intermittent excess may be subjected to special and
frequent sampling. The minimum period of time to which the
surcharge shall be applicable shall be fifteen (15) days.
F. The other party's) recognizes that it would be
unfair that the City be required to transport and treat such
wastes, for any period during the life of this contract, at a rate
that would enable the user within the AREA to pay less for such
service than that paid by the City user. Therefore, the other
party's covenant and agree that the periodic base rate charge
collected from individual users in the AREAS of the other party's)
shall at no time be less than that paid by residents of the City
for similar services.
G. The City agrees to render the other party's)
each month a bill for the proper amount owed by each of them
respectively to the City for the City's rendering of the sewage
treatment service herein contemplated, which bill the other
party(s) agree to pay within one month (30) days from the receipt
thereof.
The other parties covenant and agree that the
full amounts of any and all taxes and assessments that may be
lawfully assessed or imposed upon the City during the life of this
contract by the other parties resulting in any manner whatsoever
because of the City's being a party to this contract, shall, prior
to the payment dates, be added to such monthly bill and paid by
each of the participating parties as billed.
12
., ~y .~ 1
delivery of wastes contrary to this contract. The acceptance by
the City of any payment or payments for any instance of wastes
contrary to this contract shall not be construed as agreement by
the City to vary from the terms of this contract; or
C. Take such action as necessary to secure
compliance with this contract in accordance with procedure
described in Paragraph III. A., supra.
2. The City in the presence of the respective
party shall have the right to sample and/or measure the quantity of
the wastes delivered into the sewer lines of that party by any
individual, firm or corporation and, on request, the party in.
question shall arrange for and accompany any authorized
representative of the City desiring to take such sample or measure;
or, should the City so request in writing, the other party(s) will
take sample or measure of the wastes of any such individual, firm
or corporation designated or requested by the City and deliver such
sample or the certified analysis thereof to the City.
VII. MISCELLANEOUS PROVISIONS:
A. All parties to this agreement covenant and
agree that all sanitary sewer systems and all additions thereto and
extensions thereof heretofore or hereafter installed within each
respective AREA shall conform in all regards to not less than the
standards of the State Health Department and limitations and
directives of the Virginia Department of Environmental Quality.
VIII. SEWER LINES:
A. PREAMBLE:
1. The intent and purpose of this section of
this contract is to establish an equitable and functional basis for
the provision of sewer lines necessary for the transportation of
sewage wastes from and through the AREAS of the other parties to
the point or points of treatment. The difficulty is recognized of
establishing a basis in such detail as would be precisely
applicable to each and every circumstance as may occur during the
term of this contract. Therefore, in all instances wherein the
provisions of this section can apply, it is covenanted and agreed
that they shall be adhered to, but, where circumstances beyond the
anticipation or detail of these provisions are encountered, then
the provisions contained herein shall control to the greatest
extent practical and such further conditions as may be necessary to
be employed shall be determined by the parties hereto.
2. It is the further intent of this section
that none of the parties of this contract shall act in an
unreasonable manner so as to deter a recognizable need of the other
to obtain orderly means of transporting sewage wastes, as defined
14
~~
unwilling to provide such service and so signify in writing to the
City. Subject to the limitations stated in this contract, the City
shall have the right to enter into separate contracts with persons,
firms or corporations, private or governmental, for receiving,
transporting and treating sewage wastes from geographical sections
or locations adjacent to or beyond the City. However, the City
shall not construct duplicating or competitive lines in any portion
of another party's AREA then actively supplied with sewage
transmission service by that party. Construction of any such line
in the AREA of another party shall be coordinated so as to make any
such sewer line available for use by that party under the joint-use
provisions of this contract. The City may construct sewer lines
for transporting and treating wastes from property owned by the
City predominantly for public use beyond its corporate boundaries.
(c) Should the City enter into separate
agreement with another governmental subdivision, or other
governmental agency by providing City owned capacity, for the
transportation and treatment of sewage wastes, then any sewer lines
constructed by either party to this contract under this section
which may be used or of use in the City's transportation of wastes
from that other governmental subdivision or agency shall be
designed, constructed and located as to permit the use of such line
by all involved parties to this contract, should the other(s) so
desire, and a proportionate division of the costs of designing and
constructing such line shall reflect all such parties' designed use
of such line.
2. Construction by the Other Parties:
(a) The other parties shall construct or
cause to be constructed without cost to the City all sewer lines
within their own AREA which are designed for the sole use of their
own AREA and which are deemed necessary to be constructed for the
purpose of collecting and transmitting wastes in their own AREA for
delivery to the City for treatment.
ointl (b) The other parties may, singly or
j y, in their discretion, construct, own, operate and maintain
sewer lines within the City wherein the location of such lines
within the City is deemed necessary or practical for the proper
extension to or connection between two nearby points within the
AREA or AREAS to be served. Prior to such construction, plans of
design and location shall be submitted for approval to the City
manager, which approval shall not be unreasonably withheld. For
such sewer lines, the party or parties that wish to construct,
covenant and agree that they will cause to be obtained requisite
permanent easements in which to construct, operate and maintain any
such installations.
16
~-i
evaluation of the capacity requirements projected for the area to
be, or which might ultimately be served by the sewer line. The
City shall make available to the constructing party, data and
information pertinent to the City in planning and design of joint-
use sewer lines within the City.
(e) In the event of construction, after
the date of this contract, of an interceptor or outfall line by one
party to this contract, which such line is not designed for joint
use, either because joint use was not anticipated or because the
other party failed or declined to participate in the cost of
construction as provided above, the other party may be allowed the
temporary use of excess or unused capacity of the line. Each party
agrees and covenants that such permission shall be granted until
such time as the excess or unused capacity is required for use by
the party financing the cost of construction. A notice of not less
than eighteen months shall be given to the party using the excess
capacity during which time this party will make the necessary
arrangements for discontinuing the use of the facility and shall
provide for other methods consistent with the intent and provisions
of this contract for transportation and disposal of its sewage
contributions. During the period of such temporary usage, the
party using the excess capacity shall agree to the payment to the
other party, on a prorata determination based on usage to total
actual usage, of an amount being the total of the annual cost of
operation and maintenance of the line plus
the initial construction cost of the line, adjusted to the then
current date by standard engineering indexes and amortized over a
period of twenty, (20), years.
In the event of construction, after the
date of this contract, of an interceptor or outfall line jointly by
both parties of this contract and there should follow after
construction, a request from a third party for the use of such
line, which party would have a contract for treatment with the
City, then the parties to this contract may permit use under the
provisions of this sub-paragraph. In the further event that the
City and another party shall construct after the date of this
contract, or shall have constructed an interceptor or outfall line,
and any of the other parties to this contract shall request use of
such line but shall not have participated in its cost, then the
parties to the construction of the line may permit access to the
requesting party under the provisions of this subsection and by
mutual agreement thereof.
(f) Every effort shall be made by all
parties to avoid unnecessary capital expenditures. Altering
direction of flows to make use of existing sewer lines with
available capacity or providing temporary facilities may serve, in
some instances, to avoid or defer expenditures, where such may be
feasible. In this manner, undue burdens on any other involved
party can be deferred until the need arises for major construction
18
-~
those construction costs financed by local public funds, less
depreciation at the rate of two percent (2.0%), per annum and less
any construction or construction-related funds provided by the
Federal or State government or by private sources for construction
of such sewer lines. Should sewer lines in such portion of the
party being annexed not have been constructed by that party or by
a public agency of that party and at no local public expense, the
annexing party shall have the right to acquire said line or lines
and easements therefor upon such terms as the court ordering such
annexation may decree.
E. Should the capacity of the City's sewage
treatment plant be expanded beyond the pending upgrade capacity
during the term of this contract, or, having once been so expanded
be, later, further expanded, allocation to the other party(s) of a
portion of the resultant plant capacity shall again be mutually
agreed upon, but such new total allocation to the other parties
shall not be less than that quantity hereby allocated to them,
expressed in mgd, of the total average and peak plant capacity as
designated in Appendix A. Determination and approval of any new
allocation shall be negotiated.
X. SPECIAL PROVISIONS:
It is agreed by the parties to this agreement
that their rights and obligations under this contract may be
assigned and transferred to a public agency organized or created by
some or all of the parties under the laws of the Commonwealth of
Virginia, but no such assignment shall be construed as relieving
the parties or their governing bodies of any of their
responsibilities and lawful undertakings herein lawfully agreed to
be undertaken.
XI. TERM OF CONTRACT:
Unless terminated as herein provided for, this
contract shall be for forty (40) years from the date hereof.
XII. TERMINATION:
No termination of this contract shall occur
except after notice in writing of such intent to terminate,
perfected by declaratory judgment action or by other appropriate
legal proceeding brought and conducted by any party in a court of
competent jurisdiction in the Commonwealth of Virginia.
XIII. EFFECT:
This contract amends and supplants, in
whole, those certain contract(s) in writing heretofore made between
the parties respecting sewage transmission and treatment matters,
and all amendatory resolutions and ordinances of the governing
20
.w
Draft 1
APPENDIX A
TO THE
1993 SEWAGE TREATMENT CONTRACT
The parties to this contract have negotiated the capacity and cost
allocations associated with the planned improvements and expansion
of the City of Roanoke's Regional Sewage Treatment Plant and
portions of the Roanoke River and Tinker Creek joint-use
Interceptors.
The planned improvements and expansion of the Sewage Treatment
Plant will provide the following tiered flow capacities:
42 MGD Average Flow
72 MGD High Flow
105 MGD Peak Flow
The parties to this contract agree to the following allocation of
the above capacities and allocation of cost expressed as a
percentage of the total capacities and cost of the Sewage Treatment
Plant:
Percent of Total
Capacity In
Treatment Plant Percent of Cost
for
Treatment Ptant Anticipated
Current
Cost and MGD
City of Roanoke
Botetourt County
Roanoke County
City of Salem
Town of Vinton 45.7
6 2
24.5
18.6
5.0 37.3
7.0
29.2
20.9
5.6
$ 7.12M - 19.2
1.33M - 2.6
5.57M - 10.3
3.99M - 7.8
1.07M - 2.1
TOTAL 100.Oq 100.OY 519.08M - 42.0
The planned improvements will replace the Roanoke River Interceptor
from the Sewage Treatment Plant to the City of Salem and will have
the following segment design flows:
Segment A - 77.57 MGD
Segment B - 56.00 MGD
Segment C - 34.50 MGD
The parties to this contract agree to the following allocations of
the above capacities expressed in MGD and allocation of costs
expressed as a percentage of the cost of the various segments of
the Roanoke River Interceptor:
Capacity in
Segment A Percent of
Cost Capacity in Percent of Capacity in Percent of Anticipated
MGD
Segment A Segment B
MGD Cost
Segment B Segment C Cost
Current
MGD Segment C Cost
City of Roanoke
Roanoke County 32.07
23
00 41.34
29
65 16.40 28.82 6.00
17.39
S 6
530
020
City of Salem .
22.50 .
29.01 18.00
22
50 31.63
39
55 6.00 17.39 ,
,
5,264,688
. . 22.50 65.22 6,005,292
TOTAL 77.57 100.00 56.90 100.00 34.50 100.00 517,800,000
ACTION # A-111693-2
ITEM NUMBER ~""' C'
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
AGENDA ITEM: Approval of Funding for Water and Sanitary Sewer
Projects
COUNTY ADMINISTRATOR' S COMMENTS : ,~~»~~ ,,~,/~-~
BACKGROUND•
Water and sanitary sewer projects are normally approved as part of
the Capital Improvement Program. However, from time to time it is
necessary to relocate or upgrade water and sewer facilities in
support of highway construction, paving projects or when repair is
not economical. This report requests funding for water and sewer
construction that is not funded under the Capital Improvement
Program.
SUMMARY OF INFORMATION:
(1) The water line on Indian Road consisted of 1 1/2 inch
galvanized pipe that was beyond economical repair. This water
line was replaced with an eight inch water line and terminated
with a fire hydrant. The cost of this work was $9,492.75.
(2) The existing sanitary sewer line located on the Northside
School property was inspected pending construction of a new
parking lot for the school and park facility. The existing
sewer line and manholes were in poor condition. Anew sewer
line and manholes were constructed so as not to require
excavation within the parking lot or new ball fields after
they were constructed. The cost of this work was $28,134.59.
(3) Prior to the highway construction on Route 11 in the Hollins
area, an existing sanitary sewer line needs to be replaced so
as not to require future sewer construction in a newly re-
constructed highway. The estimated cost of this project is
$86,000.
~_
~~
(4) In order to support the construction of the Forensic Lab, the
County will extend a 12 inch water line from Peters Creek Road
to the Northside Park property. The Forensic Lab has paid the
$121,723 water connection fee as established in the ordinance.
The estimated cost of the water line extension is $22,000.
(5) In order to provide a traffic signal and turning lane for the
Allstate property on Route 419, the existing County water
facilities need to be relocated onto an easement provided by
Allstate. The estimated cost for this work is $12,000.
(6) In order to provide a turning lane on Colonial Avenue and
Route 419 at the North Cross School property, the meter vault
and water line serving ,the school need to be relocated out of
the proposed roadway. The estimated cost of this work is
$6,000.
FISCAL IMPACT•
Funds are available within the appropriate water or sewer fund for
these projects.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors approve funding in
the amount of $49,492.75 from the water fund and in the amount of
$114,134.59 from the sewer fund for the above six projects.
SUBMITTED BY:
APPROVED:
r
rr-,~/ / ` Cps/
Cliffo r ig, P.E. Elmer C. Hodge
Utility Director County Administrator
Approved (x~
Motion ACTION
by:_ Harry C Nickens VOTE
No
Yes Abs
Denied ( )
Received ( ) motion to approve funding Eddy x
Referred Johnson x
to Kohinke x
Minnix x
Nickens x
cc: File
Clifford Craig, Director, Utility
Diane D. Hyatt, Director, Finance
ACTION # A-111693-3
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
AGENDA ITEM: Approval of Funding for a Preliminary Engineering
Study as a Result of a Citizen Petition to Provide
Public Sewer Service to the Lakefront Drive Area
COUNTY ADMINISTRATORS COMMENTS:
~.~~~ ~
BACKGROUND:
Seven property owners along Lakefront Drive have petitioned the
County for public sewer service under the Petition for Public Works
Process. At least one of the property owners has experienced a
failed septic system.
SUMMARY OF INFORMATION:
The Petition for Public Works is a process whereby citizens can
petition Roanoke County for public sewer. In order to provide the
property owners with cost information, it is necessary to have a
preliminary engineering study and plan completed for this area.
Staff will bring the results of the study to the citizens who must
agree to pay for the sewer extension.
If the citizens agree to pay for the public sewer extension,
approval will be brought back to the Board of Supervisors.
FISCAL IMPACT:
Funds are available within the Sewer Fund for this work.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors approve funding in
an amount of $5,000 to complete a Preliminary Engineering Study and
Plan to provide public sewer to the Lakefront Drive area.
SUBMITTED BY:
APPROVED:
~~` '~` /~ !~ f,
~~~
Clifford a' '~
g, P.E. Elmer C. Hodge
Utility Director County Administrator
~..~./
Approved (~
Denied ( )
Received ( )
Referred
to
cc: File
Clifford
Diane D.
ACTION VOTE
Motion by: Edward G. Kohinke No Yes Abs
motion to a rove Eddy x
Johnson x
Kohinke x
Minnix x
Nickens x
Craig, Director, Utility
Hyatt, Director, Finance
A-111693-4
ACTION #
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
AGENDA ITEM: Request from Strauss Construction for 100
Reimbursement of the Cost of Off-Site Sewer
Facilities Constructed for the Proposed Cotton
Hills Subdivision
COUNTY ADMINISTRATOR'S COMMENTS: ~ ~ ~~~nti
BACKGROUND•
Strauss Construction Corporation has submitted preliminary plans to
develop a single family subdivision along Cotton Hill between Back
Creek and the Blue Ridge Parkway.
During preliminary discussions between the developer and County
staff, it was recommended by staff that the developer use a sewage
pump station with discharge into the existing Starkey Sewer Pump
Station instead of using a wastewater treatment plant or on-lot
septic systems. The cost of using a sewer pump station would
result in lower construction and operating costs than the original
proposal.
SUMMARY OF INFORMATION:
Strauss Construction is continuing the plan approval process for
the Cotton Hill Subdivision which includes the use of a sewage pump
station as recommended by County staff.
Sanitary sewer service will be provided by constructing a sewer
pump station and force main with discharge into the existing County
sewer system at Starkey. Strauss Construction has requested that
the Board of Supervisors authorize the reimbursement of 100% of the
sanitary sewer fees for the Cotton Hill Subdivision and 75% of the
future sewer connection fees of others using these facilities. The
reimbursement is requested for a period of 10 years or until full
reimbursement for the sewer pump station has been received. The
proposed pump station would be sized and located to serve the
adjoining and upstream properties.
ALT
ERNATIVES AND IMPACTS:
Alternative 1. The Board of Supervisors would authorize the credit
of 100% of the sanitary sewer fees, estimated to be $60,000, and
pay the remaining cost of the pump station facilities. No future
reimbursement of other fees would be made. The total pump station
cost is estimated to be $80,000.
IMPACT OF ALTERNATIVE 1: This alternative would cost the County up
to $20,000 in payments to the developer. This alternative would
not require the administration of a reimbursement agreement over
the next 10 years and would not prohibit the credit or
reimbursement of fees to future developers that may use these
facilities.
Alternative 2. The Board of Supervisors would authorize the credit
of 100% of the off-site sewer fees for the Cotton Hill Subdivision
and reimbursement to the developer of 75% of the off-site sewer
fees paid by others that use these facilities.
IMPACT OF ALTERNATIVE 2: The developer will have $20,000 of excess
cost to provide public sewer to this site which he may recover in
future reimbursement. The County would not expend funds at this
time but would administer the reimbursement agreement for a period
of 10 years. Reimbursement of future fees of others served by this
system prohibits the use of those fees to credit or reimburse
others when they provide off-site sewer facilities.
STAFF RECOMMENDATION:
Staff recommends alternative one in order to promote quality
development that provides public sanitary sewer service at a
reasonable cost.
SUBMITTED BY:
APPROVED:
Clifford 'g, P.E, Elmer C. Hodge
Utility Director County Administrator
Approved (X)
Denied ( )
Received ( )
Referred
to
ACTION
Motion by: _ Harrv C N; c-kPn
motion to approve Eddy
Johnson
Kohinke
Minnix
Nickens
VOTE
No Yes Abs
x
x
X
x
x
cc: File
Clifford Craig, Director, Utility
Diane D. Hyatt, Director, Finance
w
ACTION NO. A-1116 9 3 - 5
ITEM NUMBER ~_
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOI{E COUNTY,
VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
AGENDA ITEM: Report of Operations for the Year Ended June 30, 1993
COUNTY ADMINISTRATOR'S COMMENTS:
There are several points that I would like to make regarding the information contained in this report.
First, the excess of revenues over our budget estimates indicate the economy is improving. It also
shows that we, the Board and staff, acted very responsibly in estimating revenues because the picture
could have been different if the economy had not improved.
Secondly, the net savings on expenditures of only $236,727 shows that we have been conservative
and there is lillle room left to trim without affecting services. You may recall that we have held the
funding of most operations virtually flat except for issues beyond our control such as utilities and
inflation. This accounts for the overruns in General Services and to a lesser degree, several other
departments.
We have done well in weathering the recession because we were careful. Several major issues, such
as the cleanup of Dixie Caverns, remain. At this point I am well pleased and we are all to be
commended.
SUMMARY OF INFORMATION:
KPMG Peat Marwick has concluded their audit of the financial statements of the County of Roanoke
for the year ended June 30, 1993. The County has received a favorable opinion on these statements.
The printed financial statements will be available for distribution in December.
COUNTY OPERATIONS•
The results of the 1992-93 operations will allow us to add $2,423,246 to the general fund
unappropriated balance. This additional money is the net result of the following:
Revenues in excess of budget $2 767 879
~
~
Expenditures under budget 236
727
Use of beginning balance for 1993-94 budget (886,182)
Changes in other reserves 304,822
$2,423,246
__
The major sources of these actual revenues in excess of budget are shown below:
Real Estate Taxes $ 207,164
Sales Tax 408,540
Taxes on Recordation and Wells 125,227
Consumer Utility Tax 303,628
Permits and Licenses 198,069
Reimbursement from the State 481,171
Reimbursement from the Federal Government 297,682
Other 746,398
Total 2 767 879
~_ 5
Attachment A shows that when the unappropriated fund balance is removed from the expenditure
section, actual expenses are $1,961,161 under budget. Of this amount $724,434 is the result of risk
management savings which are added to our insurance reserve. An additional $1,000,000 is reserved
for rollover expenditures (commitments made during 1993 budget that are not actually incurred until
1993-94 budget). This leaves a balance of $236,727 of actual expenditures under budgeted
expenditures which is less than 1%.
The County has several outstanding needs for the use of this $2,423,246 year end surplus:
1. Unappropriated Fund Balance needs an additional $523,246 to be replenished to the level of
6.25% of general fund revenues.
2. Dixie Caverns Landfill is currently estimated to need another $1.0 to $1.5 million in County
funds for the clean-up effort.
3. Economic Development funds of $500,000 should be set aside.
4. The General Services department is calculated to be $400,000 under budget in the FY 1993-94
budget year, because of historical underfunding of the operation.
5. The State Compensation Board has proposed eliminating funding for salary benefits (FICA,
VRS and life insurance) effective July 1, 1994. This could cost the County approximately
$300,000 in lost revenues for the FY 1994-95 budget year.
6. County match needed to take advantage of VDOT Revenue Sharing Funds for 1994 would be
$500,000.
SCHOOL OPERATIONS•
In addition, the Schools ended the year with a surplus of $1,022,803 which was largely due to
expenditure savings in personnel costs.
~_S
On November 11, 1993, the School Board met and decided to allocate their surplus as follows:
Renovation costs related to Northside addition and
School Administration relocation $500,000
Reserved for 1994-1995 budget for instruction and salaries 504,803
Matching funds to purchase computers for instructional use 1g,000
The School Board has $475,705 already allocated for the purchase of School buses in the FY 1993-94
budget and they are in the process of ordering these buses.
STAFF RECOMMENDATION: Staff recommends appropriating the following at this time:
1. From County year end surplus ($2,423,246)
a. Increase the General Services Budget $ 400 000
b. Dixie Caverns Landfill 1,000,000
c. Economic Development 500
000
d. Unappropriated balance ,
523
246
2. From the School year end surplus ($1,022,803) ,
a. Renovation costs -Northside and School Administration 500
000
b. Unappropriated balance -reserved for 1994-95 budget ,
504,803
c. Matching funds to purchase computers lg pOp
Respectfully submitted, Approved by,
~%
.,~~,r
Diane D. Hyatt Elmer C. Hodge
Director of Finance County Administrator
ACTION VOTE
Approved (x) Motion by: Bob L. Johnson to No Yes Abs
Denied () appropriate school board Eddy
Received () surplus as the re uested
y q
Johnson - '~ -
Referred () an appropria e
Kohinke - x -.
x
To
()
$2,423,246 Count surplus
Minnix _
_
x
to the unappropriated
Nickens _
_
un a ance - x -
cc: File
Diane D. Hyatt, Director, Finance
Dr. Bayes Wilson, Superintendent, Roanoke County Schools
Attachment A
COUNTY OF ROANOKE, VIRGINIA
Summary of Revenues, Expenses and Changes in Fund Balance
For the Year Ended June 30, 1993
R Budget Actual Variance
evenues
From local sources
General property taxes
Other local taxes $ 48,640,000 $ 48,884,051 $ 244,051
Permits and licenses 14,615,000
458
000 15,732,560
656
069 1,117,560
198
0
Fines and forfeitures ,
215,000 ,
349,244 ,
69
134
244
Interest and rental income
Charges for services 52,000 80,350 ,
28,350
Miscellaneous 751,409 789,622 38,213
Recovered costs 406,214
237,218 521,477
350,494 115,263
113,276
65,374, 841 67,363,867 1,989,026
From the Commonwealth
From the Federal Government 5,378,365 5,859,536 481,171
T
t
l R 1,504,925 1,802,607 297,682
o
a
evenues _ 72,258,131 _ 75,026,010 2,767,879
Expenditures
General government administration
Judicial administration 5,508,799 4,601,681 (907,118)
Public safety 1,114,691 1,118,659 3,968
Public works 11,863,922 11,555,669 (308,253)
Health and welfare 5,823,853
4,557,376 6,076,329
4,085,734 252,476
(471
642)
Parks, recreation, and cultural
Community development 2,775,559 2,628,662 ,
(146,897)
Unappropriated balance 996,896
4
813
707 939,931 (56,965)
Nondepartmental ,
,
1,708,106
1,381,376 (4,813,707)
(326,730)
39,162,909 _ 32,388,041 (6,774,868)
Excess of revenues over expenditures 33,095,222 42,637,969 9,542,747
Other financing sources
Net bond proceeds
Transfers in 101,665 411 (101,254)
Transfers out 2,141,341
(42,160,798) 2,141,341
(42,119,469) 0
41,329
(6,822,570) 2,660,252 9,482,822
Fund balance at beginning of year
Fund balance at end of year 6,822,570 9,387,448 2,564,878
$ 0 $ 12,047 700 $ _ 12,047,700
Breakdown of fund balance
Designated for subsequent
year's expenditures $ 2
496
099
Designated for insurance reserves ,
,
2
615
592
Undesignated ,
,
6,936,009
$ 12,047 700
.Y _".~
COUNTY OF ROANOKE, VIRGINIA
General Fund Unappropriated Balance
Attachment B '" j'~
of General
Amount Fund Revenue
Beginning balance at July 1, 1993 4,512,763 5.83%
Result of 1992-1993 operations _ 2 423 246
Revised balance at July 1, 1993 6,936,009 8.96%
Current year activity
Addition to reserve from 1993-94 budget 80 668
July 27, 1993 appropriation (49,200)
Aug. 24, 1993 appropriation (25,000)
Oct. 23, 1993 appropriation _ (203,733)
Unappropriated fund balance at
September 28, 1993 6,738,744 8.71%
Recommended uses of Fund Balance
Dixie Caverns Landfill (1,000,000)
Economic Development (500,000)
Increase in solid waste budget (400,000)
4,838,744 6.25%
Note: The Board of Supervisors has adopted a goal statement to maintain the General
Fund Unappropriated Balance at 6.25% of General Fund revenues ($77,411,447).
J
ACTION #
ITEM NUMBER ~ ~"'
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE
COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
AGENDA ITEM: Approval to vacate an unimproved 20' x 150' alley
recorded in Plat Book 4, Page 55, Section 1, Melody Acres
Subdivision, situated in the Windsor Hills Magisterial District
COUNTY ADMINISTRATOR'S COMMENTS:
EXECUTIVE SUMMARY:
Staff is recommending that the unimproved alley be vacated on
the condition that the alley be retained as a public utility and
water line easement, because Roanoke County and Roanoke Gas Company
presently have utilities located within the alley.
BACKGROUND
The petitioner, Mr. William Taylor, Jr., is the owner of Lot
4, Block 1, Melody Acres which lies on the west side of the
unimproved alley.
The petitioner is requesting the Roanoke County Board of
Supervisors to vacate, discontinue, and close the above referenced
alley (refer to attached map).
The petitioner is requesting the vacation because he has been
maintaining (mowing) the alley for several years and it provides no
use as intended.
SUMMARY OF INFORMATION
The Department of Engineering and Inspections has been
informed by the Roanoke County Utility Department and the Roanoke
Gas Company that utilities are presently located within the alley.
They both commented that they have no objections to the vacation,
as long as the alley is retained as an easement.
G-~
Roanoke County is requesting that the reference alley shown on
the attached map be vacated in accordance with Chapter 11, Title
15.1-482(b), Code of Virginia, 1950, as amended, by the adoption of
the attached ordinance.
The Department of Engineering and Inspections has no
objections to the proposed vacation, as long as the unimproved 20'
x 150' alley is retained as a public utility and water line
easement.
The first reading of the proposed ordinance is scheduled to be
held on November 16, 1993; a public hearing and the second reading
is scheduled for November 30, 1993.
STAFF RECOMMENDATION
County staff recommends that the Board of Supervisors adopt
the proposed ordinance to vacate the reference alley and instruct
the County Attorney in preparation of the ordinance to reserve the
alley as a public utility and water line easement.
TTED BY:
APPROVED BY:
nold Cove D' ec or Elmer C. Hodge
of Engineering & In pections
_____________________________________________County_Administrator
Approved
Denied
Received
Referred
To
( ) Motion by:
( )
( )
ACTION
VOTE
No Yes Abs
Eddy
Johnson
Kohinke
Minnix
Nickens
pc: Paul Mahoney, County Attorney
2
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_. _
ROANOKE COUNTY APPROVAL TO VACATE AN UNIMPROVED 20' X 150' ALLEY
ENGINEERING ~C RECORDED IN PLAT BOOK 4, PAGE 55, SECTION 1, MELODY
_ ACRES SUBDIVISION, SITUATED IN THE WINDSOR HILLS
l INSPECTIONS DEPARTMENT MAGISTERIAL DISTRICT
3 ~
~~1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, NOVEMBER 16, 1993
ORDINANCE VACATING AND CLOSING AN UNIMPROVED 20' X 150'
ALLEY LOCATED IN SECTION 1 OF MELODY ACRES SUBDIVISION
(PB 4, PAGE 55), WINDSOR HILLS MAGISTERIAL DISTRICT
WHEREAS, William Taylor, Jr., the petitioner, has requested
the Board of Supervisors of Roanoke County, Virginia to vacate and
close an unimproved 20' x 150' alley located in Melody Acres
Subdivision (PB 4, Page 55 in the Office of the Clerk of the
Circuit Court of Roanoke County); and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as
amended, requires that such action be accomplished by the adoption
of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section 15.1-431
of the 1950 Code of Virginia, as amended, and a first reading of
this ordinance was held on November 16, 1993; and the public
hearing and second reading of this ordinance was held on November
30, 1993.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That an unimproved 20' x 150' alley located in Melody
Acres Subdivision and dedicated to Roanoke County by plat of Melody
Acres Subdivision found in Plat Book 4 at page 55 in the Office of
the Clerk of the Circuit Court of Roanoke County, be, and hereby
is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of
Virginia, as amended; and,
2. That as a condition of the adoption of this ordinance, the
County reserves and retains a property interest within the twenty
G~I
(20) foot right-of-way for use as a public utility and water line
easement; and,
3. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts
of ordinances in conflict with the provisions of this ordinance be,
and the same hereby are, repealed.
4. That the Department of Engineering and Inspections shall
record a certified copy of this ordinance with the Clerk of the
Circuit Court and petitioner, William Taylor, Jr., shall pay all
fees required to accomplish this transaction.
vacation\melody.ac
ACTION #
ITEM NUMBER V ` O~'~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE
COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
AGENDA ITEM: Approval to vacate an unimproved dedicated right-of-
way referred to Dallas Road, recorded in Plat Book 54, Page 52,
Otterview Gardens Subdivision located in the Hollins Magisterial
District
COUNTY ADMINISTRATOR'S COMMENTS:
EXECUTIVE SUMMARY:
Staff is recommending that the unimproved right-of-way be
vacated on the conditions that the right-of-way be retained as a
water/sewer easement.
BACKGROUND
The petitioners, Frank B. and Frances G. Mayorshi, are the
owners of two parcels separated by a certain portion of Dallas Road
(unimproved) which parcels are more particularly described as new
Lot 3B, Block 3, Otterview Gardens and Lot 34, Block 1, Section 3,
Barrens Village.
The petitioners desire to vacate, discontinue, and close that
portion of Dallas Road (unimproved) which is variable in width and
approximately 350 feet length shown on the plat of Otterview
Gardens in Plat Book 54, Page 52 (refer to attached map).
The petitioners desire to use this portion of the
aforementioned road for improvements to their property and intend
to combine same with said property.
SUMMARY OF INFORMATION
The Roanoke County Utility Department has requested that the
right-of-way be retained as an easement for possible future sewer
extensions to serve part of North Burlington Heights.
r
Roanoke County is requesting that the described right-of-way
be vacated in accordance with Chapter il, Title 15.1-482(b), Code
of Virginia 1950, as amended, by the adoption of the attached
ordinance.
The first reading of the ordinance is scheduled to be held on
November 16, 1993; the public hearing and second reading is
scheduled to be held November 30, 1993.
STAFF RECOMMENDATION
County staff recommends that the Board of Supervisors adopt
the proposed ordinance to vacate the reference right-of-way and
instruct the County Attorney in the preparation of the ordinance to
reserve an exclusive water/sewer easement.
ITTED BY: APPROVED BY:
i
L~~, ;
A Covey, Direct r Elmer C. Hodge
of Engineering & Ins ections County Administrator
Approved ( )
Denied ( )
Received ( )
Referred
To
Motion by:
ACTION
pc: Paul Mahoney, County Attorney
VOTE
No Yes Abs
Eddy
Johnson
Kohinke
Minnix
Nickens
2
ROANOKE COUNTY Approval to vacate an unimproved dedicated right-of-way
ENGINEERING & referred to as Dallas Road, recorded in Plat Book 54,
Page 52, Otterview Gardens Subdivision located in the
INSPECTIONS DEPARTMENT xollins magisterial District
~' -d
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, NOVEMBER 16, 1993
ORDINANCE VACATING AND CLOSING AN UNIMPROVED RIGHT-OF-WAY
REFERRED TO AS DALLAS ROAD LOCATED IN THE OTTERVIEW
GARDENS SUBDIVISION (PB 54, PAGE 52), HOLLINS MAGISTERIAL
DISTRICT
WHEREAS, Frank B. and Frances G. Mayorshi, the petitioners,
have requested the Board of Supervisors of Roanoke County, Virginia
to vacate and close an unimproved right-of-way located in Otterview
Gardens Subdivision (PB 54, Page 52 in the Office of the Clerk of
the Circuit Court of Roanoke County); and,
WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as
amended, requires that such action be accomplished by the adoption
of an ordinance by the governing body; and,
WHEREAS, notice has been given as required by Section 15.1-431
of the 1950 Code of Virginia, as amended, and a first reading of
this ordinance was held on November 16, 1993; and the public
hearing and second reading of this ordinance was held on November
30, 1993.
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That an unimproved variable-width right-of-way approxi-
mately 350 feet in length located in Otterview Gardens Subdivision
and dedicated to Roanoke County by plat of Otterview Gardens
Subdivision found in Plat Book 54 at page 52 in the Office of the
Clerk of the Circuit Court of Roanoke County, be, and hereby is,
vacated pursuant to Section 15.1-482(b) of the 1950 Code of
Virginia, as amended; and,
2. That as a condition of the adoption of this ordinance, the
G-a
County reserves and retains a property interest within the
variable-width right-of-way for possible use as a public utility
easement; and,
3. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts
of ordinances in conflict with the provisions of this ordinance be,
and the same hereby are, repealed.
4. That the Department of Engineering and Inspections shall
record a certified copy of this ordinance with the Clerk of the
Circuit Court and Petitioners shall pay all fees required to
accomplish this transaction.
vacation\dallas.rd
1
ITEM NO . ~ "
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
AGENDA ITEM: Second Reading of Ordinance Declaring Pinkard Court
Leisure Arts Center Surplus Property and Donating
said Property to Total Action Against Poverty.
COUNTY ADMINISTRATOR'S COMMENTS: ~ ~ ~ ~~ ~ _
~~
BACKGROUND
ACTION NO.
At the first reading of this ordinance oz
the Board was asked to (1) declare the Pinkard
Center surplus property, and (2) donate the
Action Against Poverty (TAP) for the purpose
operating special purpose housing or any other
with TAP's mission and local zoning.
1 October 12, 1993,
Court Leisure Arts
property to Total
of developing and
purpose consistent
Pinkard Count was constructed in 1960. The building sits on
approximately 4.5 acres and contains 10,000 square feet of heated
space. The land is assessed at $135,000, and the building is
assessed at $361,000, for a total assessed value of $496,000.
At the First Reading, the Board asked that the County receive
assurances that the building would be used for purposes compatible
with the neighborhood. The Board also asked that the staff insure
that the County would retain some ultimate control over the use and
development of the property should TAP decide to dispose of the
building at a future date. The idea of a reverter clause was
presented.
TAP has indicated in writing their intentions for the short
term use of the building, and their longer term desires to use the
building for special purpose housing or a day care facility. TAP
understands the County's interest in the longer term use of the
building, and is in agreement with deed covenants that would
provide for the building reverting to Roanoke County should the
~l- /
2
building be proposed or used for a purpose inconsistent with TAP's
mission.
SUNIlKARY OF INFORMATION
The attached ordinance declares this property as surplus and
authorizes the donation of the property to Total Action Against
Poverty. The ordinance specifies proposed deed covenants to
restrict the ultimate use of the property by TAP. These covenants
restrict the use of the property to a community-service oriented
purpose which is consistent with TAP's mission and purpose. The
ordinance further provides that the use of the property must be
consistent with the current zoning and non-conforming status of the
building, or alternatively must be in compliance with the zoning
ordinance in effect at the time of the proposed use. The ordinance
further authorizes the County Administrator to execute any
documents necessary to effectuate the transfer of the property to
TAP. Any agreements executed will insure the Board's interest in
the appropriate and ultimate use of the property.
STAFF RECOMMENDATION:
Staff recommends as follows:
1. Approve second reading of the prepared ordinance.
Respectfully Submitted,
~~ ~ _/%
-c-~-,-~
Terrance ~. Har ngton, AICP
Director''of Pl nning and Zoning
Approved ( ) Motion by
Denied ( )
Received ( )
Ref erred
to
Action
Approved,
.~-~'
Elm r C. Hodge
County Administrator
Eddy
Johnson
Kohinke
Minnix
Nickens
Vote
No Yes Abs
k-i
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 16, 1993
ORDINANCE DECLARING PINKARD COIIRT LEISIIRE ARTS CENTER
SIIRPLIIS PROPERTY AND DONATING SAID PROPERTY TO TOTAL
ACTION AGAINST POVERTY
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the subject property has been, and
hereby is, declared surplus and is being made available for other
public uses; and,
2. That pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, a first reading of this ordinance was
held on October 12, 1993; and a second reading was held on November
16, 1993, concerning the disposition of 4.5 acres, more or less, of
real estate known as the Pinkard Court Leisure Arts Center, located
in the County of Roanoke and designated upon the Roanoke County
Land Records as Tax Map No. 87.08-1-30; and,
3. That the donation of this property to Total Action
Against Poverty (TAP) is hereby authorized, subject to the
following conditions, covenants and restrictions:
a. Use and/or development of the property shall be
limited to that which is consistent with TAP's mission and purpose,
and shall be community-service oriented.
b. Use and/or development of the property shall be only
in accordance with the current planning and zoning classification
as a valid non-conforming use or, in the alternative, shall be in
~~ f
compliance with the Roanoke County Zoning Ordinance in effect at
any given time.
c. The aforesaid covenants and restrictions shall run
with the land and shall inure to the benefit of and be binding upon
the parties, their heirs, successors, and assigns.
d. In the event that TAP, its successors or assigns,
violates the covenants regarding use and/or development of the
property, the property shall revert to the Board of Supervisors of
Roanoke County, Virginia.
4. That the County Administrator is hereby authorized to
execute such documents and take such actions on behalf of Roanoke
County as are necessary to accomplish the donation of said
property, all of which shall be on form approved by the County
Attorney.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY,
VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON
TUESDAY, NOVEMBER 16, 1993
ORDINANCE 111693-6 AUTHORIZING THE CONVEYANCE OF AN
EASEMENT TO DAVID BHELOR
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the subject property has been declared
to be surplus and is being made available for other public uses,
i. e. a right-of-way and easement for ingress and egress to real
estate currently owned by David Shelor; and
2. That pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, a first reading concerning the
disposition of the subject property was held on October 12, 1993;
a second reading was held on November 16, 1993; and
3. That the fifty (50) foot wide right-of-way and easement
will extend for a distance of approximately six hundred and thirty
(630) feet across the property of the County of Roanoke, located in
the Catawba Magisterial District, on the south side of Ft. Lewis
Mountain from the end of Westward Lake Drive to the property owned
by David Shelor. The real estate crossed by said easement was
granted unto Roanoke County by deed recorded in the Clerk's Office
of the Circuit Court of Roanoke County in Deed Book 1247, page 407;
and
4. That the fifty (50) foot right-of-way and easement for
David Shelor bisects a parcel of approximately 32 acres owned by
Roanoke County and will require the joint use of said easement area
c~...
1
in order to prevent the separation of the County's property into
two tracts; and
5. That the offer of David Shelor for the joint easement in
consideration of the benefit provided to Roanoke County by him in
the form of access and use of a right-of-way across his property to
the top of Fort Lewis Mountain is accepted and all other offers are
rejected; and
6. That the conveyance and use of the proposed easement for
a right-of-way over County property would be contingent upon any
road improvements to said easement being constructed to current
VDOT standards. Any such deed of easement shall identify the
location and scope of this easement by reference to a plat of
survey by John D. Abbott, C.L.S., dated November 16, 1993, prepared
for David Shelor. Any roads to be constructed over the property of
David Shelor, including any subdivision, to which this easement may
provide access shall meet such review procedures and legal
standards, including those of VDOT and the County of Roanoke, to
which Mr. Shelor would legally be required to comply at the time of
such construction. David Shelor has also agreed to continue to
permit the County's access across his property to its radio tower
on Fort Lewis Mountain until such time as Roanoke County is able,
on its own or in conjunction with the Commonwealth of Virginia, to
achieve a permanent access to this tower; and
7. That the County Administrator is authorized to execute
such documents and take such actions on behalf of Roanoke County as
2
are necessary to accomplish the conveyance of said easement, all of
which shall be upon form approved by the County Attorney.
On motion of Supervisor Nickens to adopt the ordinance with
information from the staff report included in the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
A COPY TESTE:
~~. Q..t..-~.-e_..c.~
Mary H. 7~llen, Clerk
Roanoke County Board of Supervisors
cc: File
Joseph Obenshain, Sr., Assistant County Attorney
John W. Birckhead, Director, Real Estate Assessment
Terrance L. Harrington, Director, Planning & Zoning
Arnold Covey, Director, Engineering & Inspections
3
ACTION NO.
ITEM NO. ~~_
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
AGENDA ITEM: Second Reading of an Ordinance Authorizing the
Conveyance of a Right-of-Way and Easement on Fort
Lewis Mountain to David Shelor
COUNTY ADMINISTRATOR'S COMMENTS: ,~/
BACKGROUND•
In connection with the upgrade of Roanoke County's radio tower
on Fort Lewis Mountain as a part of the Phase II Public Safety
Trunked Communications System, Mr. David Shelor provided to the
County's contractors and employees working on this project a right-
of-way across his property which substantially reduced the time and
distance required to travel to this tower. As part of the
consideration to Mr. Shelor for not charging the County, or its
contractors, any rent or fee for use of this right-of-way, Mr.
Shelor has requested a right-of-way from the County from the end of
Westward Lake Drive to a parcel of real estate presently owned by
him. The granting of this easement will not interfere with access
to the County's water storage tank located nearby or other
anticipated County use of this property.
SUMMARY OF INFORMATION:
Mr. Shelor has agreed that his use of this proposed easement
would be contingent upon any road improvements to this easement
being constructed to current VDOT standards which addresses the
concerns of the county's zoning staff. Likewise, any roads
constructed in any subdivision to which this easement might provide
access would meet the same VDOT standards. Mr. Shelor has also
agreed to continue to permit the county's access across his
property to its radio tower on Fort Lewis Mountain until such time
as Roanoke County is able, on its own or in conjunction with the
Commonwealth of Virginia, to achieve a permanent access to this
tower.
Mr. Shelor's surveyor promises to have a plat available for
review by Monday, November 15. You may review this plat in my
office at your convenience and it will be available for the Board
meeting.
/~•e~
FISCAL IMPACTS•
No fiscal impact is anticipated. No monetary consideration is
being requested of Mr. Shelor in light of the previous benefit
provided by him to the County.
STAFF RECOMMENDATION:
Staff recommends approval of the second reading of the
attached ordinance.
Respectfully submitted, Approved by,
7 /.~~~ '
~~7ose"h B. Obenshain, Esq. Elmer C. Hodge
,Senior Assistant County Attorney County Administrator
Approved ( )
Denied ( )
Received ( )
Referred
to
Motion by
Action
Eddy
Johnson
Kohinke
Nickens
Minnix
Vote
No Yes Abs
~~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON
TUESDAY, NOVEMBER 16, 1993
ORDINANCE AUTHORIZING THE CONVEYANCE OF AN EASEMENT TO
DAVID SHELOR
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the
Charter of Roanoke County, the subject property has been declared
to be surplus and is being made available for other public uses,
i. e. a right-of-way and easement for ingress and egress to real
estate currently owned by David Shelor; and
2. That pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, a first reading concerning the disposi-
tion of the subject property was held on October 12, 1993; a second
reading was held on November 16, 1993; and
3. That the fifty (50) foot wide right-of-way and easement
will extend for a distance of approximately six hundred and thirty
(630) feet across the property of the County of Roanoke, located in
the Catawba Magisterial District, on the south side of Ft. Lewis
Mountain from the end of Westward Lake Drive to the property owned
by David Shelor. The real estate crossed by said easement was
granted unto Roanoke County by deed recorded in the Clerk's Office
of the Circuit Court of Roanoke County in Deed Book page ;
and
4. That the fifty (50) foot right-of-way and easement for
David Shelor bisects a parcel of approximately 32 acres owned by
Roanoke County and will require the joint use of said easement area
1
/~-a
in order to prevent the separation of the County's property into
two tracts; and
5. That the offer of David Shelor for the joint easement in
consideration of the benefit provided to Roanoke County by him in
the form of access and use of a right-of-way across his property to
the top of Fort Lewis Mountain is accepted and all other offers are
rejected; and
6. That the County Administrator is authorized to execute
such documents and take such actions on behalf of Roanoke County as
are necessary to accomplish the conveyance of said easement, all of
which shall be upon form approved by the County Attorney.
2
e ~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY,
VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER,
TUESDAY, NOVEMBER 16, 1993
ORDINANCE 111693-7 AUTHORIZING THE ACQUISITION OF A
PERMANENT ACCESS AND ENVIRONMENTAL CLEAN-UP EASEMENT FROM
RICHARD P. RIDER IN CONNECTION WITH THE DIXIE CAVERNS
LANDFILL SITE
WHEREAS, in connection with the cleanup of the Dixie Caverns
Landfill and in order to comply with EPA regulations and standards
within a specific time frame as set out in the "Administrative
Order By Consent For Removal Action," it is necessary to acquire a
permanent access and environmental cleanup easement upon, over,
under and across property owned by Richard P. Rider, and designated
on the Roanoke County Land Records as Tax Map No. 63.00-1-6; and,
WHEREAS, the location of the easement is shown and designated
on a plat entitled "Easement Plat for County of Roanoke Showing New
Access Easements Across the Properties of Appalachian Power Company
and Richard P. Rider", dated April 30, 1993, and revised May 12,
1993, prepared by T. P. Parker & Son, Engineers - Surveyors -
Planners, of record in the Clerk's Office of the Circuit Court of
Roanoke County in Plat Book 15, page 111; and,
WHEREAS, staff has negotiated the purchase of said easement
from Richard P. Rider for the sum of $3,000.00; and,
WHEREAS, Section 18.04 of the Roanoke County Charter directs
that the acquisition of real estate be accomplished by ordinance;
the first reading of this ordinance was held on October 26, 1993;
and the second reading was held on November 16, 1993.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the County Administrator is hereby authorized to
acquire from Richard P. Rider a permanent access and environmental
clean-up easement, as shown on the plat recorded in the Roanoke
County Clerk's Office in Plat Book 15, page 111, for an amount not
to exceed $3,000.00.
2. That the purchase price shall be paid out of the funds
available for the Dixie Caverns Landfill Cleanup Project.
3. That the County Administrator is authorized to execute
such documents and take such actions on behalf of Roanoke County in
this matter as are necessary to accomplish the acquisition of this
property, all of which shall be approved as to form by the County
Attorney.
On motion of Supervisor Johnson to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
A COPY TESTE:
~1~
Mary H.
Roanoke
cc: File
Vickie L. Huffman, Assistant
John W. Birckhead, Director,
Diane D. Hyatt, Director, Fig
,/~ . 1 J D
A11en, Clerk
County Board of Supervisors
County Attorney
Real Estate Assessment
Zance
ACTION NO.
ITEM NO. ~ ".''
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
AGENDA ITEM: ORDINANCE AUTHORIZING THE ACQUISITION OF A
PERMANENT ACCESS AND ENVIRONMENTAL CLEAN-UP
EASEMENT FROM RICHARD P. RIDER IN CONNECTION WITH
THE DIXIE CAVERNS LANDFILL SITE
COUNTY ADMINISTRATOR'S COMMENTS:
EXECUTIVE SUMMARY'
This is the second
authorize acquisition o
access and environmental
Caverns Landfill site,
therefrom to the Roanoke
BACKGROUND:
reading of
f a permanent
clean-up in
and several
River.
the proposed ordinance to
easement for purposes of
connection with the Dixie
unnamed drainages flowing
In August of 1992, Roanoke County executed an "Administrative
Order By Consent For Removal Action" with the United States
Environmental Protection Agency (EPA) to perform a removal response
action at the Dixie Caverns landfill site. This removal response
action includes work to remove stream sediments containing heavy
metal contaminants: lead, cadmium and zinc, which may have been
released from the site.
SLTNIIKARY OF INFORMATION:
In order to comply with EPA regulations and standards, and
perform the required removal response action, it is necessary to
acquire a permanent access and environmental cleanup easement upon,
over, under and across property owned by Richard P. Rider. Staff
has negotiated with the property owner for purchase of the
necessary easement for the sum of $3,000.00, subject to approval by
1~'• ~
the Board of Supervisors. The easement to be acquired is more
particularly described as follows:
A perpetual RIGHT and EASEMENT, to construct, install,
operate, inspect, use, maintain, remove, repair or
replace certain improvements, and a perpetual RIGHT and
EASEMENT for access to and from several unnamed drainages
flowing from the Buyer's Dixie Caverns Landfill site to
the Roanoke River and related improvements, for any
purpose in connection with the environmental clean-up of
Dixie Caverns Landfill, in accordance with all federal,
state, and/or local mandates and requirements, upon,
over, under, and across a tract or parcel of land
belonging to the Grantor, acquired by deeds dated July
22, 1977, and January 23, 1978, and recorded in the
Clerk's Office of the Circuit Court of Roanoke County,
Virginia, in Deed Book 1070, page 713, and Deed Book
1085, page 542, respectively, and designated on the
Roanoke County Land Records as Tax Map No. 63.00-1-6.
The location of said easement is shown and designated as
"CENTERLINE OF NEW 80' ACCESS EASEMENT" on Sheet 2,
"CENTERLINE OF NEW 80' ACCESS EASEMENT" on Sheet 3, and
"CENTERLINE OF NEW 80' ACCESS EASEMENT", "NEW VARIABLE
WIDTH EASEMENT", and "CENTERLINE OF NEW 30' ACCESS
EASEMENT" on Sheet 4, of that certain plat entitled
"Easement Plat for County of Roanoke Showing New Access
Easements Across the Properties of Appalachian Power
Company and Richard P. Rider", dated April 30, 1993, and
revised May 12, 1993, prepared by T. P. Parker & Son,
Engineers - Surveyors - Planners, of record in the
Clerk's Office of the Circuit Court of Roanoke County in
Plat Book 15, page 111, said plat being by reference
incorporated herein;
A copy of the map showing the access easement has been placed
in the Board's office as requested at the Board meeting on
October 26, 1993.
FISCAL IMPACTS'
The purchase price of $3,000.00 for the permanent easement
would be paid from the available funds in the Dixie Caverns
Account.
ALTERNATIVES'
Alternative Number 1: Adopt the proposed ordinance
authorizing the acquisition of a permanent access and environmental
clean-up easement from Richard P. Rider in connection with the
Dixie Caverns Landfill Site.
Alternative Number 2: Decline to adopt the proposed ordinance
and direct staff to initiate eminent domain proceedings.
~-3
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors adopt an
ordinance in accordance with Alternative Number 1.
Respectfully submitted,
Vick a L. H m
Assistant Co my Attorney
Action
Approved ( )
Denied ( )
Received ( )
Referred
to
Motion by
Eddy
Johnson
Kohinke
Nickens
Minnix
Vote
No Yes Abs
~l-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, NOVEMBER 16, 1993
ORDINANCE AUTHORIZING THE ACQUISITION OF A PERMANENT
ACCESS AND ENVIRONMENTAL CLEAN-UP EASEMENT FROM RICHARD
P. RIDER IN CONNECTION WITH THE DIXIE CAVERNS LANDFILL
SITE
WHEREAS, in connection with the cleanup of the Dixie Caverns
Landfill and in order to comply with EPA regulations and standards
within a specific time frame as set out in the "Administrative
Order By Consent For Removal Action," it is necessary to acquire a
permanent access and environmental cleanup easement upon, over,
under and across property owned by Richard P. Rider, and designated
on the Roanoke County Land Records as Tax Map No. 63.00-1-6; and,
WHEREAS, the location of the easement is shown and designated
on a plat entitled "Easement Plat for County of Roanoke Showing New
Access Easements Across the Properties of Appalachian Power Company
and Richard P. Rider", dated April 30, 1993, and revised May 12,
1993, prepared by T. P. Parker & Son, Engineers - Surveyors -
Planners, of record in the Clerk's Office of the Circuit Court of
Roanoke County in Plat Book 15, page 111; and,
WHEREAS, staff has negotiated the purchase of said easement
from Richard P. Rider for the sum of $3,000.00; and,
WHEREAS, Section 18.04 of the Roanoke County Charter directs
that the acquisition of real estate be accomplished by ordinance;
the first reading of this ordinance was held on October 26, 1993;
and the second reading was held on November 16, 1993.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
N•3
1. That the County Administrator is hereby authorized to
acquire from Richard P. Rider a permanent access and environmental
clean-up easement, as shown on the plat recorded in the Roanoke
County Clerk's Office in Plat Book 15, page 111, for an amount not
to exceed $3,000.00.
2. That the purchase price shall be paid out of the funds
available for the Dixie Caverns Landfill Cleanup Project.
3. That the County Administrator is authorized to execute
such documents and take such actions on behalf of Roanoke County in
this matter as are necessary to accomplish the acquisition of this
property, all of which shall be approved as to form by the County
Attorney.
ACTION N0.
ITEM NUMBER .L ~ -' lO
AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE
COIINTY, VIRGINIA HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER
MEETING DATE: October 26, 1993
AGENDA ITEM: Appointments to Committees, Commissions and
Boards
COIINTY ADMINISTRATOR'S COMMENTS:
SIIMMARY OF INFORMATION:
i. Blue Ridge Community Services Board
Three year term of Henry J. Sullivan, County appointee, will
expire December 31, 1993. Mr. Sullivan has served two
consecutive terms and is not eligible for reappointment.
Three year term of Harriette Shivers, Member at Large, will
expire December 31, 1993. This is a joint appointment with
the City of Salem and City of Roanoke. The Blue Ridge
Community Services Board will make a recommendation and the
localities may confirm their recommendation. No action should
take place until the Board of Supervisors receives the
recommendation from the Community Services Board.
2. Grievance Panel
Two-year term of Joy A. Herbert, Alternate, expired October
10, 1993. Ms. Herbert is moving out of the Roanoke Valley and
is not eligible to serve another term.
3. Library Board
Four year term of Dr. Norma Jean Peters, Hollins Magisterial
District, will expire December 31, 1993.
4. Planning Commission
Four-year term of Martha Hooker, Catawba Magisterial District,
will expire December 31, 1993.
5. Roanoke Valley Resource Authoritv
Two year terms of Kate Schefsky and Mikeiel Wimmer will expire
December 31, 1993. Ms. Wimmer has indicated to County
Administrator Elmer Hodge that she does not wish to serve
another term.
~ ~-C!/
The initial terms of the Resource Authority were staggered.
New terms will be four year terms expiring December 31, 1997.
6. Regional Cable TV Committee
Three-year unexpired term of Thomas E. Finton, citizen
representative. His term will expire June 11, 1995. Mr.
Finton has resigned.
The Board of Supervisors asked the County appointees and Cable
TV Coordinator to make a recommendation for this vacancy.
They have recommended James B. Dickey to serve, and his
confirmation is listed under the Consent Agenda.
Submitted by:
Mary H. Allen, CMC
Clerk to the Board
Approved by:
t
Elmer C. Hodge
County Administrator
------------------------------------------------
ACTION VOTE
Approved ( ) Motion by: No Yes Abs
Denied ( )
Received ( )
Referred ( )
To ( )
Eddy
Johnson
Kohinke
Minnix
Nickens
~~°~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE
COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION
CENTER ON TUESDAY, NOVEMBER 16, 1993
RESOLUTION 111693-8 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the certain section of the agenda of the Board of
Supervisors for November 16, 1993, designated as Item J - Consent
Agenda be, and hereby is, approved and concurred in as to each item
separately set forth in said section designated Items 1 through 9,
inclusive, as follows:
1. Approval of Minutes for October 12. 1993, October 26,
1993.
2. Confirmation of Committee Appointment to the Roanoke
Regional Cable TV Committee.
3. Acceptance of Water and Sanitary Sewer Facilities Serving
Waterford, Section 4.
~--~j3~1i~6;oLa~--6c T a e~g-~e-zxti'r~-~3~3~A QrrQ- icazrrc
~p3~e~re~-a-I31~-'~c~ iirc[ir~zui-r' ~e~6i~~
5. Acceptance of a Grant by the Clerk of Circuit Court
Clerk's Office for Smoke and Fire Detection and Crime
Prevention Improvements.
6. Acknowledgement of Acceptance of 0.10 miles of Olney Road
and 0.08 miles of Corllens Lane into the Virginia
Department of Transportation Secondary System.
7. Donation of Right of Way Easement in Connection with the
Camney Lane Road Project.
8. Request to Appropriate $1,000 Grant from the National
Council on US-Arab Relations to the School Grant Fund.
9. Donation of Existing Tank Lots and Related Access
Easements in Section 1 of Branderwood Subdivision and
Section 7, SteepleHunt of Canterbury Park Subdivision
from Boone, Boone, & Loeb, Inc.
2. That the Clerk to the Board is hereby authorized and
directed where required by law to set forth upon any of said items
the separate vote tabulation for any such item pursuant to this
resolution.
On motion of Supervisor Johnson to adopt the Consent Agenda
with Item 4 removed for changes, and carried by the following
recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
A COPY TESTE:
7'~cwl~c-~, .~
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Clifford Craig, Director, Utility
Arnold Covey, Director, Engineering & Inspections
Steven A. McGraw, Clerk, Circuit Court
Dr. Bayes Wilson, Superintendent, Roanoke County Schools
R. Wayne Compton, Commissioner of Revenue
!~
PLEASE NOTE:
WE ARE OUT OF MINUTE PAPER AND HAVE ORDERED AN
ADDITIONAL SUPPLY.
THE ATTACHED MINUTES HAVE NOT BEEN RUN ON MINUTE
PAPER OR NUMBERED. WHEN THE MINUTE PAPER IS
RECEIVED, IT WILL BE RUN AND NUMBERED.
MARY ALLEN
11 9 93
E
October 12, 1993
Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
October 12, 1993
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
second Tuesday, and the first regularly scheduled meeting of the month
of October, 1993.
IN RE: CALL TO ORDER
Chairman Minnix called the meeting to order at 3:05 p.m.
The roll call was taken.
MEMBERB PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice Chairman
Lee B. Eddy, Supervisors Bob L. Johnson, Edward G.
Kohinke, Sr., Harry C. Nickens (arrived at 3:07
pm)
MEMBERS ABSENT: None
STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; Mary H. Allen, Clerk;
John M. Chambliss, Assistant County Administrator;
Don C. Myers, Assistant County Administrator;
Anne Marie Green, Information Officer
IN RE: OPENING CEREMONIES
The invocation was given by John M. Chambliss,
Assistant County Administrator. The Pledge of Allegiance was
recited by all present.
October 12, 1993
funds. Mr. Hodge recommended that the residents continue to
raise their share, and that the County match their share with
savings from other revenue sharing project. If additional funds
are necessary, staff will come back to the Board with a funding
request. He recommended that the Roanoke Valley Resource
Authority be encouraged to fund the entire Bradshaw Road culvert
project.
Following discussion, Supervisor Johnson moved to
approve the staff recommendation. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
?. Rewest to Amend the Contract Governing the
Roanoke Count -Botetourt Count Joint L
(Spencer Watts, Library Director)
A-101293-2
Mr. Watts reported that the original terms of the joint
library agreement called for decennial review of the allocation
of costs following each census. There was also a 50$ cost
sharing arrangement between the two localities with adjustments
based on usage levels. In 1992/93 there was a cost adjustment to
25$ share based on usage in 1990. The staff is recommending that
a usage study be conducted in 1995/96 and the costs adjusted
accordingly. The Library Board of Trustees also supports this
amendment.
Supervisor Johnson moved to approve the amendment to
OCtobar 12, 1993
of $150,000, location of a qualifying
all costs in excess of $600, 000, and
manage construction of the project.
construction of the access will begin
Supervisor Kohinke moved
approving the agreement. The motio
recorded vote:
industry, a promise to bear
stipulation that VDOT will
Mr. Gubala advised that
in 1994.
to adopt the resolution
n carried by the following
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
RESOLOTION 101293-~ FOR APPROVAL OF COUNTY-
sTATE AGREEMENT FOR INDOSTRIAL ACCESS
RELATING TO VALLEY TECHPARR
WHEREAS, Title 33.1-221, Code of Virginia, provides for
the availability of state industrial access funds fir
implementing approved improvements to public streets to enhance
and promote industrial development and continued public safety
along public streets; and
WHEREAS, Roanoke County is desirous of developing
valley Techpark for the purpose of job creation for the citizens
of both the Roanoke and New River Valleys; and
WHEREAS, the citizens approved the November 1992 bond
referendum of which $750,000 was earmarked for the development of
Valley Techpark; and
WHEREAS, the Commonwealth Transportation Board approved
$450,00 for the purpose of constructing an industrial access road
at Valley Techpark; and
WHEREAS, the Virginia Department of Transportation
October iZ, 1993
Roanoke Valley governments requesting that they take formal
action regarding their position on regionalization of water,
sewer, solid waste, economic development and tourism. He asked
that this action take place by October 15.
Supervisor Nickens moved to support Delegate Cranwell's
regionalization effort. There was no vote. Discussion followed
on the need for a formal resolution to take action.
Supervisor Edd~~ offered a substitute motion to approve
the concept with a confirming resolution brought back to the
October 26 meeting. There was no vote.
Supervisor Johnson moved to table the issue until later
in the meeting so that staff can prepare a resolution for
adoption. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Minnix
NAYS: Supervisor Nickens
IN RE: REQIIESTS FOR WORK SESSIONS
1. Request for Work Session to Tour the Spring Ho11oM
Reservoir, the Smith Gap Landfill, the Dia;e
Caverns Landfill, and the Roanoke Regional
Airport.
The work session was set for Wednesday, November 17,
1993 at 8:00 a.m. The Board will meet at the Administration
Center and complete the tours by 12:15 p.m.
IN RE: FIRST READING OF ORDINANCES
October 12, 1993
Consumer Protection and Competition Act of 1992.
(Joseph Obenshain. Sr. Assistant County Attorney)
Mr. Obenshain advised that this ordinance formally
establishes the legal authority for Roanoke County to regular
rates and charges for basic cable TV service and equipment
operating within the County.
Supervisor Nickens moved to approve first reading of
the ordinance and set the second reading for October 26, 1993.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Eddy, Nickens, Minnix
NAYS: Supervisor Kohinke
3. Ordinance Authorizinc the Conveyance of a Right
of-Wav and Easement on Fort Lewis Mountain to
David Shelor. (Joseph Obenshain, Sr. Assistant
County Attornev)
Supervisor Nickens asked that information be available
at the second reading on what the 50 foot easement would be used
for and whether 50 feet was necessary.
Supervisor Kohinke moved to approve first reading of
the ordinance with paragraph 5 in the ordinance to be removed,
and set the second reading for October 26, 1993. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, MinAix
NAYS: None
IN RE: SECOND READING OF ORDINANCES
October 12, 1993
WHEREAS, it is necessary for the County of Roanoke to
acquire from the Commonwealth of Virginia a 10' water line
easement and a 15' sanitary sewer line easement; and,
WHEREAS, it is necessary for the Commonwealth of
Virginia to acquire from the County of Roanoke a temporary
grading and construction easement in order to develop a new and
expanded parking facility, to be used by the State, the County,
and the general public; and,
WHEREAS, the proposed easements will serve the
interests of the public and are necessary for the public health,
safety, and welfare of citizens of the County of Roanoke.
THEREFORE, BE IT ORDAINED by the Board of Supervisors
of Roanoke County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04
of the Roanoke County Charter, the acquisition and disposition of
real estate can be authorized only by ordinance. A first
reading of this ordinance was held on September 28, 1993; and a
second reading was held on October 12, 1993.
2. That pursuant to the provisions of Section 16.01
of the Charter of Roanoke County, the interests in real estate to
be conveyed are hereby declared to be surplus, and are hereby
made available for other public uses by conveyance to the
Commonwealth of Virginia for construction of a public parking
facility.
3. That donation of a temporary grading and
construction easement on the parking area lying between the
October 12, 1993
Supervisor Johnson nominated William Todd Ross to fill
the unexpired term of Ronald Massey.
December 31, 1995.
IN RE2 CONSENT AGENDA
The term will expire
Mr. Hodge advised that he will check on the Enterprise
Fund Report on Affordable Housing (Item 4). The Board was
advised by Mr. Mahoney that a private citizen may serve on the
Salem Cable TV Negotiating Committee (Item 8).
Supervisor Kohinke moved to approve the Consent Agenda
following discussion of Items 4 and 8. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
RESOLIITION 101293-7 APPROVING AND CONCIIRRING
IN CERTAIN ITEMB SET FORTH ON THE BOARD OF
SIIPERVISORB AGENDA FOR THIB DATE DESIGNATED
A8 ITEX J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. that the certain section of the agenda of the
Board of Supervisors for October 12, 1993 designated as Item J -
Consent Agenda be, and hereby is, approved and concurred in as to
each item separately set forth in said section designated Items 1
through 8, inclusive, as follows:
1. Request for Acceptance of Ferguson Drive and
Timberland Trail into the Virginia Department
of Transportation Secondary System.
OCtObet' 12 ~ 1993
WHEREAS, the Virginia Department of Transportation has
deemed Roanoke County's current subdivision control ordinance
meets all necessary requirements to qualify this county to
recommend additions to the secondary system of state highways,
pursuant to Section 33.1-72.1, Code of Virginia, and
WHEREAS, after examining the ownership of all property
abutting this street, this Board finds that speculative interest
does not exist.
NOW, THEREFORE, BE IT RESOLVED, this Board request the
following street be added to the secondary system of state
highways, pursuant to Section 33.1-72.1(D), Code of Virginia:
Name of Street: Ferguson Drive Length:0.24 miles
From: Timberland Trail (State Route to be determined) To:
0.24 miles in a Northwesterly direction to a turn around
Guaranteed Right-of-Way: 50 feet.
Plat Recorded, Date: January 22 1974 Plat Book: 8 Page: 60
and Plat Recorded, Date: March 14, 1975 Plat Book: 9 Page: 18.
Deed Recorded, Date: June 23, 1993 Deed Book: 1406 Page 1924,
Deed Recorded, Date: Mav 20. 1993 Deed Book: 1402 Page 9~ 0,
Deed Recorded, Date: _Sentember 17,1993, Deed Book: 1399 Page
363, and Deed Recorded, Date: May 25. 1993, Deed Book: 1417
Page 373, respectively.
BE IT FURTHER RESOLVED, this Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
October 12, 1993
From: Ferguson Vallev Road (State Route 721)
To: 0.22 miles in a Northeasterl direction to a turn-around
Guaranteed Right-of-Way: 50 feet.
Plat Recorded, Date: January 22. 1974 Plat Book: 8 Page: 60 and
Deed Recorded, Date: June 23. 1993, Deed Book:1406 Page:1924,
Deed Recorded, Date: May 20, 1993, Deed Book:1402 Page:930,
Deed Recorded, Date: April 22, 1993, Deed Book: 1399, Page: 363,
and Deed Recorded, Date: September 17 1993, Deed Book: 1417,
Page: 373, respectively.
BE IT FURTHER RESOLVED, this Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, this Board requests the
Virginia Department of Transportation to improve said street to
the prescribed minimum standards, funding said improvements
pursuant to X33.1-72.1(D), Code of Virginia, and
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer of the Virginia
Department of Transportation.
RESOLIITION 101293-7.e OF SIIPPORT RECOQNISINa
OCTOBER AS AFFORDABLE HOIISIN(; AWARENE88 MONTH
WHEREAS, decent, safe, and affordable housing is the
cornerstone upon which our families and our communities are
built; and
WHEREAS, substandard or deteriorating housing,
inadequate plumbing, and overcrowding threaten the health and
October 12, 1993
governments to redirect their priorities to meet federal and
state objectives rather than community objectives; and
WHEREAS, excessive federal and state regulations on
local governments impose harsh pressures on local budgets, often
requiring increases in local taxes and fees, and/or reduced local
services for residents; and
WHEREAS, existing mandates impose harsh pressures on
local budgets, often requiring increases in local taxes; and
WHEREAS, the cumulative impact of these legislative and
regulatory actions directly affect the citizens of our cities,
counties and towns; and
WHEREAS, the Virginia Municipal League, the Virginia
Association of Counties and the Virginia School Boards
Association are working with localities, school boards and
organizations across the nation to begin a public education
campaign to help citizens understand and then reduce the burden
and inflexibility of unfunded mandates, beginning with a National
Unfunded Mandates Day on October 27, 1993;
NOW THEREFORE BE IT RESOLVED AS FOLLOWS: (1) the Board
of Supervisors of Roanoke County, Virginia, endorses the efforts
of the Virginia Municipal League, the Virginia Association of
Counties and the Virginia School Boards Association and their
national counterparts, and supports working with the national
groups to fully inform our citizens about the impact of federal
and state mandates on our governments and the pocketbooks of our
citizens;
October 12, 1993
distribute goods and services to customers along the proposed
corridor; and
WHEREAS, the proposed I-73 corridor would make the
Roanoke Valley more accessible to visitors along the corridor;
and
NOW, THEREFORE, BE IT RESOLVED that the Roanoke County
board of Supervisors wishes to express its support for the
Roanoke Corridor Alternative to the Federal Highway
Administration and the Virginia Department of Transportation
(VDOT) .
On motion of Supervisor Kohinke to adopt the
resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE: REPORTS AND INQIIIRIES OF BOARD MEMBERS
Supervisor Eddv: (1) He asked about a determination
on how the smoking policy will be handled at the new
Administration Center. Mr. Mahoney advised that he will have a
response by end of the week. (2) Mr. Hodge described the
unbagged leaf collection process to the Board members at
Supervisor Eddy~s request. (3) He asked about the meeting at
Mountain Lake. Supervisor Minnix responded under his comments.
Supervisor Nickens: (1) He asked if Salem can extend
their water and sewer lines into the County. Mr. Hodge advised
that they have extended water and sewer lines in the past and he
Octobor 12, 1993
Revenue Bonds.
IN RE: NEW BIISINE88 (CONTINIIED)
1. Revueat from Delegate Cranatell for Formal su~oort
for Regionalization of Water, sewer, solid waste.
Economic Development and Tourism.
R-101293-5
This item was tabled earlier in the meeting so that a
resolution could be prepared. Supervisor Johnson moved to remove
this item from the table. The motion carried by the following
recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
Supervisor Kohinke moved to adopt the resolution. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
RESOLIITION 101293-5 SIIPPORTING DELEGATE CRANWELL~s
EFFORTS FOR REGIONALIZATION OF WATER, SEWER, SOLID
WASTE, ECONOMIC DEVELOPMENT AND TOIIRIBM
WHEREAS, recent polls in the City of Roanoke and
Roanoke County clearly reflect the desire of City and County
residents to merge various services; and
WHEREAS, on September 21, 1993, Delegate Richard
Cranwell convened a meeting of area elected officials and
business leaders to discuss regionalization of water, sewer,
solid waste, economic development and tourism marketing; and
October 12, 1993
for consultation with legal counsel and briefings by staff
members pertaining to probably litigation, Boone, Beasley v.
County of Roanoke. The motion carried by the following recorded
vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE: CERTIFICATION OF EBECIITIVE SESSION
R-101293-8
At 7:00 p.m., Supervisor Johnson moved to return to
Open Session and adopt the Certification Resolution. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
EVENING SESSION (7:00 P.M.)
IN RE: PIIBLIC HEARING AND SECOND READING OF ORDINANCES
~. ordinance Amending and Reenacting the Zoning
Classification of Roanoke County Tag Parcel
Numbers 96.02-01-01. 96.02-1-2, a portion of
97.01-2-17 (South of the Blue Ridge Parkpay). a
Portion of 96.02-1-46 (south of the Hlue Ridge
Parkway, Excluding the Critical Area) and 97.03 2
5 from AG-1 to AR and to Amend the Zoning
Classification of Roanoke County Tag Parcel
Numbers 96.07-1-6 and a Portion of 96.02-i 46
October 12, 1993
The following citizens also spoke regarding the
proposed zoning amendment:
1. Don Barger, Southeast Regional Director of the
National Parks and Conservation Association, spoke in support of
protecting the Blue Ridge Parkway.
2. Calvert Saunders, 3467 Overhill Trail, Vice
President of Moores Lumber, spoke in support of the Boone R-1
zoning request.
3. Sue Gotwalt, 3300 Dawn Circle, spoke in support of
the R-1 zoning.
4. J. T. Eaton, 6508 Henry Farm Road, spoke in support
of the R-1 with AG-1 in the critical viewshed.
5. Cindy Aker, 6713 Mallard Lake Court, spoke in
support of the R-1 zoning.
6. Barry Wright, 5731 Scenic Hills Dr., spoke in
support of the Boone request.
7. Vickie McCormick, 1308 2nd Street S. W., spoke in
support of the Boone request.
8. J. W. Baker 5917 Garner Road, spoke in support of
the Boone request.
9. Nick Beasley, 5949 Coleman Road, owner of the
property, advised that his family had owned the property for four
generations, and that he supported the R-1 zoning requested by
Boone.
l0. Bob Wagner, 2748 Summit Ridge Rd., supported the
R-1 zoning.
Ootobor 12, 1993
National Bank, spoke in support of the Boone zoning request.
23. Len Boone, Boone, Boone & Loeb, advised that he
was opposed to AR zoning on the south side of the parkway, but in
support of R-1 on the north side. He advised that the Parkway or
County could purchase the entire 16 acres without including
infrastructure costs or only the eight acres which would include
the infrastructure costs.
24. Dale Furbish, 7179 Bent Mountain Road, spoke in
opposition to the R-1 zoning and in support of protecting the
Parkway view.
25. Joan Furbish, 7179 Bent Mountain Road, asked the
Board to protect the Parkway viewshed.
26. Bob Crawford, 6620 Shingle Ridge Road, spoke in
opposition to the density allowed in the R-1 zoning.
27. Vera H. Guise, Ashville, N. C., requested that the
Board delay a decision until there is a site plan and plat, and
that Boone allow the 8 acres to be purchased without the
infrastructure costs.
28. Roy Lochner, 6050 Poage Valley Road, was opposed
to the zoning and supported protection of the viewshed.
29. Richard H. Perdue, 5433 Linda Lane, spoke in
support of the Boone zoning request.
30. David Sligh, 7917 Bradshaw Road opposed the zoning
because it was not in conformance to the Comprehensive Plan.
31. Bill Owen 6161 Cotton Hill Road, spoke in
opposition to the zoning.
October 12, 1993
of Roanoke County, Virginia, adopted Ordinance 121592-10 which
amended the Zoning District Maps for Roanoke County; and,
WHEREAS, on September 14, 1993, the Board of
Supervisors of Roanoke County, Virginia, adopted Ordinance 91493-
11 which amended the Zoning District Maps for Roanoke County; and
WHEREAS, citizens in various areas of the County have
requested that the zoning classifications as reflected in the new
zoning district maps of their properties be re-examined to
address their questions and concerns; and,
WHEREAS, the Roanoke County Planning Commission held
public hearings on June 1, 1993 and July 6, 1993, and have made
recommendations to the Board; and
WHEREAS, public necessity, convenience, general welfare
and good zoning practice require that the following properties
and zoning district maps be, and hereby are, submitted to the
Board of Supervisors for amendment; and,
WHEREAS, legal notice and advertisement has been
provided as required by law, and that the f first reading of this
ordinance was held on July 27, 1993 and the second reading and
public hearing was held on September 14, 1993 and continued to
October 12, 1993.
BE IT ORDAINED, by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That "1992 Zoning District Maps of Roanoke County,
Virginia" are hereby amended and reenacted as the zoning district
maps for Roanoke County, Virginia, as follows:
October 12, 1993
NAYS: Supervisors Eddy, Minnix
IN RE: CONSENT DECREE TO SETTLE LAW SIIIT WITH BOONE, BOONE i
LOEB
Supervisor Johnson moved to authorize the County
Attorney to execute the Consent Decree to settle the law suit
with Boone, Boone & Loeb.
Supervisor Eddy offered a substitute motion to defer
action until the Board can see a final written Consent Decree.
The motion was denied by the following recorded vote:
AYES: Supervisor Eddy
NAYS: Supervisors Johnson, Kohinke, Nickens, Minnix
Supervisor Johnson's original motion carried by the
following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE: ADJOIIRNMENT
At 9:45 p.m., Supervisor Johnson moved to adjourn. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
H. Odell "Fuzzy" Minnix, Chairman
October 26, 1993
Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
October 26, 1993
The Board of Supervisors of Roanoke County, Virginia, met
this day at the Roanoke County Administration Center, this being the
fourth Tuesday, and the second regularly scheduled meeting of the
month of October, 1993.
IN RE: CALL TO ORDER
Vice Chairman Eddy called the meeting to order at 2:00 p.m.
The roll call was taken.
MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, (Arrived 2:10
p.m.); Vice Chairman Lee B. Eddy, Supervisors Bob
L. Johnson, Edward G. Kohinke, Sr., Harry C.
Nickens
MEMBERS ABSENT: None
STAFF PRESENT: Elmer C. Hodge, County Administrator (Arrived 2:10
p.m.); Paul M. Mahoney, County Attorney; Brenda J.
Holton, Deputy Clerk; John M. Chambliss, Assistant
County Administrator; Don C. Myers, Assistant
County Administrator; Anne Marie Green, Director,
Community Relations
IN RE: OPENING CEREMONIEB
The invocation was given by the Reverend Rick Elmore, Cave
Spring Baptist Church. The Pledge of Allegiance was recited by all
present.
October 26, 1993
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County, Virginia, on its own behalf and on behalf of the
people of Roanoke County, does hereby officially commemorate the
FIFTIETH ANNIVERSARY OF WORLD WAR II; and
FURTHER, the Board of Supervisors urges that everyone
remember the men and women who served in the Armed Forces during the
upcoming celebration of Veteran's Day on November 11.
On motion of Supervisor Kohinke to adopt the Resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE: NEW BIISZNE88
1. Authorization to Purchase Replacement for Ladder Truck
for Town of Vinton. (T. C. FuQtla, Chiel. Fire ~
Rescue)
A-102693-2
Chief Fuqua reported that the County's suit against Grumman
concerning the ladder truck started October 25, 1993. Subject to the
outcome of that case, Chief Fuqua requested that the Board approve
purchasing a 1993 Simon/LTI ladder truck for $407,466, with $181,233
from the County's unappropriated fund balance, and trade in of the
existing Grumman ladder truck.
After discussion, Supervisor Nickens moved to approve the
purchase price of $407,466, with the costs to be split between the
County and Vinton, and the funds allocated from the unappropriated
October 26, 1993
of Carolina Mobile Home Park.
Supervisor Johnson moved to approve the first reading and
set the public hearing and second reading for November 30, 1993. The
motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance Authorizinc the Acquisition of a Permansat
Access and Environmental Clean-IIp Easement from Richard
P. Rider in connection with the Dixie Caverns Landfill
Site. (Vickie Huffman, Assistant County Attorney1
Mr. Mahoney advised that in order to comply with the
Environmental Protection Agency regulations and perform the required
removal action at the Dixie Caverns landfill site, it is necessary to
acquire a permanent access and environmental clean-up easement from
Richard P. Rider.
Supervisor Nickens moved to approve the first reading and
set the second reading for November 16, 1993. The motion carried by
the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
Supervisor Eddy requested that maps be made available for
the Board's review before the second reading.
IN R8: 88COND READING OF ORDINl~TC88
OCtObet 26, 1993
ORDINANCE 102693-4 GOVERNING THE PROCEDIIRES AND
STANDARDS FOR THE REGIILATION OF CABLE TELEVISION
RATES PIIRSIIANT TO TH$ RDLEB OF THE FEDERAL
COMMUNICATIONS COMMISSION AND THE CABLE TELEVISION
CONBUMER PROTECTION AND COMPETITION ACT OF 1992
WHEREAS, on the 22nd day of May, 1979, the County of
Roanoke, Virginia ("County") passed and adopted Ordinance No. 2308
granting to Salem Cable TV ("Grantee") the nonexclusive right to
construct, own, and operate a cable television system in the County;
and
WHEREAS, on the 23rd day of April, 1991, the County of
Roanoke, Virginia ("County") passed and adopted Ordinance No. 42391-15
granting to Cox Cable Roanoke, Inc. ("Grantee") the nonexclusive right
to construct, own, and operate a cable television system in the
County; and
WHEREAS, the Cable Television Consumer Protection and
Competition Act of 1992 ("1992 Cable Act") was enacted on October 5,
1992, and became effective on December 4, 1992. The 1992 Cable Act
amends the Cable Communications Policy Act of 1984 and, in particular,
Section 623 (47 U.S.C. 543) governing the regulation of rates charged
by cable television operators; and
WHEREAS, on April 1, 1993, the Federal Communications
Commission ("FCC") adopted rate regulations pursuant to the 1992 Cable
Act. These FCC rate regulations were released May 3, 1993, and became
effective September 1, 1993; and
WHEREAS, pursuant to 47 C.F.R. Part 76.900, Subpart N,
Section 76.910, on the 8th day of October, 1993, the County submitted
FCC Form 328--Certification for Local Franchising Authorities--to the
October 26, 1993
shall apply to all cable television system operators in
the County. The Grantees and/or any other operator of
a cable television system operating in the County shall
be subject to the rate regulation provisions provided
for herein, and those of the FCC at 47 C.F.R., Part
76.900, Subpart N. The County reserves the right to
amend this Ordinance from time to time consistent with
the requirements of the FCC, and state and federal law.
Section 2. Procedures for Implementing Regulation of Basic Cable
Service.
A. The County hereby adopts and shall follow the
rules relating to cable rate regulation
promulgated by the FCC at 47 C.F.R., Part 76.900,
Subpart N.
B. Upon adoption of this Ordinance, a County
representative will send to each Grantee and each
operator of a cable television system in the
County, via Certified Mail, Return Receipt
Requested, a written notice, which shall include a
copy of this Ordinance and the completed FCC Form
328.
C. within thirty (30) days after receipt of the
notice referenced in Section 3.B., each Grantee
and any other cable television operator shall
respond with rate and benchmark information
utilizing FCC Form 393--Determination of Maximum
Oatobsr 26, 1993
decision regarding its invocation of the
additional time period.
3. If no action is taken within the above
referenced time periods, the proposed rates
will go into effect, subject to subsequent
refund orders if the County later issues a
decision disapproving any portion of the
proposed rates.
4. In all cases, the County will issue a
written decision to approve the rate
schedule, disapprove the rate schedule or
continue for review.
5. If rates are in excess of the FCC's
standards, the rates may be reduced by the
County pursuant to applicable FCC
regulations.
D. After the initial rate schedule procedures are
followed, as described in this Section, each
Grantee and/or any other cable operator shall, in
conjunction with each change in the rates and
charges applicable to basic cable service, conform
to the standards of the FCC. Before any rate
change is effective, each Grantee and/or any other
cable operator shall notify the County of its
requested rate change by giving the County thirty
(30) days advance written notice before the change
October 26, 1993
agents or representatives of the County.
Section 4. A~olication of the Requirements in this Ordinance.
The requirements described in this Ordinance are
applicable to each Grantee and all operators of cable
television systems within the County subject to rate
regulation according to the 1992 Cable Act and
applicable FCC rules.
2. That this Ordinance shall be in full force and effect
from and after its adoption.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Eddy, Nickens, Minnix
NAYS: Supervisor Kohinke
3. Ordinance Authorisinq the Convevanoe of a Right-of-llav
and Easement on Fort Lewis Mountain to David Shaior
(Joseph Obenshain. Sr. Assistant County Attornav)
CONTINIIED TO NOVEMBER 16 1993
Mr. Mahoney requested a continuance of the ordinance until
November 16, 1993. It was the consensus of the Board to continue
this item.
IN RE: CONSENT AGENDA
R-102693-5
Supervisor Johnson moved to adopt the Consent Agenda. The
motion carried by the following recorded vote:
October 26, 1993
resolution.
On motion of Supervisor Johnson to adopt the Consent
Resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
RESOLIITION 102693-5.d OF THE BOARD OF SUPERVISORS OF THE COIINTY OF
ROANORE, VIRGINIA DECLARING ITS INTENTION TO REIMBIIRSE ITSELF FROM THE
PROCEEDS OF A FINANCING FOR SCHOOL PROJECTS
The Board of Supervisors of the County of Roanoke, Virginia
("County") and the County School Board have determined that it is
necessary or desirable to advance money to pay the costs of acquiring,
constructing and equipping certain capital projects for public school
purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
1. The Board of Supervisors adopts this declaration of
official intent under Treasury Regulations Section 1.150-2.
2. The Board of Supervisors reasonably expects to
reimburse advances made or to be made by the County or the County
School Board to pay the costs of acquiring, constructing and equipping
the Project from the proceeds of its debt or other financings. The
maximum amount of debt or other financing expected to be issued for
the Project is $2,310,000.
3. This resolution shall take effect immediately upon its
adoption.
ADOPTED this 26th day of October, 1993.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE: REPORTS AND INQIIIRIES OF BOARD MEMBERS
October 26, 1993
Presentations were made by representatives of the North
Roanoke Recreation Club regarding the Northside area as follows: (1)
education teaching needs by Rosanne Myers; (2) additional space for
recreational program by Howard Bullen; and (3) larger competition
facility by Charles Briscoe. Mr. Briscoe presented the Board with a
Northside Education/Athletic Complex Overview booklet.
Petitions containing approximately 500 signatures requesting
that a new fieldhouse/athletic facility for the Northside area be
included in the County's School Capital Improvement Program were
presented to the Board.
Mr. Hodge advised that he will bring back a report to the
Board after January lst with additional information and possible
funding for the project.
Supervisor Nickens suggested (1) that the Parks & Recreation
Department designate a person to determine economic development
efforts; and (2) that the facility could be part of the Parks &
Recreation Department with the priority for use given to the Northside
area.
During the discussion of alternatives for additional space
for recreational programs, Supervisor Johnson advised that he would
not support spending funds to upgrade the Roanoke County Occupational
School gymnasium when the School Administration moves to that
facility.
Supervisor Eddy suggested that it might be helpful to tour
the other gymnasiums in the County when developing this project.
October 26, 1993
Kenneth McNeil, 5615 Starkey Road, advised that a culvert on
the property has been covered due to construction that has already
started. This is causing drainage problems.
Ed Natt, Attorney for the Hobart Family Trust, advised that
they are aware of the problem and assured the Board that the pipe
would be cleaned out. He will contact Mr. Hobart within seven days.
Mr. Hodge recommended approval of the ordinance so that the staff
could start the administrative process.
Supervisor Johnson moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
ORDINANCE 102693-6 TO CHANGE THE ZONING
CLASSIFICATION OF A .886 ACRE TRACT OF REAL ESTATE
LOCATED ON STARREY ROAD APPROBIMATELY 150 FEET
SOIITH OF INTERSECTION WITH WOODS CROSSING DRIVE
(TAB MAP NO. 87.19-3-34) IN THE CAVE SPRING
MAGISTERIAL DISTRICT FR014 THE ZONING
CLASSIFICATION OF C-1 TO THE ZONING CLASSIFICATION
OF R-3 WITH CONDITIONS IIPON THE APPLICATION OF
HOBART FAMILY TROST
WHEREAS, the first reading of this ordinance was held on
September 28, 1993, and the second reading and public hearing was held
October 26, 1993; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on October 7, 1993; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
October 26, 1993
200.00 feet; thence N. 27° 21' 14" E. 4.97 feet to the
place of beginning.
5. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts of
ordinances in conflict with the provisions of this ordinance be, and
the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning
classification authorized by this ordinance.
On motion of Supervisor Johnson to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
?. Ordinance Authorizin a 8 ecial IIse Permit to t
an Accessory A~artaent Located at 1845 Mountain VieN
Road, Vinton Magisterial District, IIpon the Petition of
Douglas & Dorothy Forbes. (Terry Harrington, Diraator
of Planning & Zoning)
0-102693-7
Mr. Harrington advised that this is a request from Douglas
and Dorothy Forbes for a special use permit to add an accessory
apartment onto their residence at 1845 Mountain View Road. Mr.
Harrington advised that the Planning Commission recommended approval.
There was no discussion. Supervisor Nickens moved to adopt
the ordinance. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
October 26, 1993
located at 1845 Mountain View Road on a portion of a 3.312-acre parcel
of real estate (Tax Map No. 61.01-1-2.2) in the Vinton Magisterial
District.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
3. Ordinance to Rezone 0.6504 Acre from C-2 Conditional to
-~-~-~ ~~`<> unconditional to Construct an Automobile
Parts Retail Store Located at 3505 Brambleton Avenue
Windsor Hills Magisterial District, IIpon the Petition
of Flovd T. Critcher (Terry Harrington, Director of
Plannin & Zonin
0-102693-8
Mr. Harrington advised that this is a request from Floyd T.
Critcher to rezone property on Brambleton Avenue from C-2 conditional
to C-2 unconditional to construct an automobile retail store. He
advised that the Planning Commission recommended denial of the
request.
The following citizens spoke in opposition to granting the
rezoning request: (1) Ray Cooper, 3234 Oakdale Road; (2) Dr. Willis
P. Lanier, Jr., 3611 Brambleton Avenue; (3) Barbara S. Green,
representing the Berwick Heights Neighborhood Association and
presenting petitions, 3234 Oakdale Road; (4) Evelyn S. Gunter, 3700
Pinevale Road; (5) Steven T. Smith, 3223 Lawndale Road; (6) J. Weldon
Octobor Z6, 1993
public hearing on this matter on October 7, 1993; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning classification of a certain tract of
real estate containing 0.6504 acre, as described herein, and located
at 3505 Brambleton Avenue, (a portion of Tax Map Number 77.09-4-36) in
the Cave Spring Magisterial District, is hereby changed from the
zoning classification of C-2, Conditional, General Commercial
District, to the zoning classification of E-~ C-1, Unconditional,
~~'~~-"~~~'~'' " ~ ~' ~ Office District ~e n~,_,_ _--~
'a~te~as~-~~~-~~a-~-s~e~e .
2. That this action is taken upon the application of Flopd
T. Critcher.
3. That said real estate is more fully described as
follows:
BEGINNING at a point on the northerly right-of-way line
of Brambleton Avenue, said point being the most
westerly end of the cut-back line between the westerly
right-of-way line of Pinevale Road and the northerly
right-of-way line of Brambleton Avenue; thence S. 60°
25' 00" W. a distance of 151.13 feet to a point; thence
N. 28° 24' 20" W. a distance of 163.77 feet to a point;
thence N. 60° 25' 00" E. a distance of 173.50 feet to a
point, said point being on the westerly right-of-way
line of Pinevale Road; thence S. 29° 25' 20" E. a
distance of 138.62 feet to a point; thence S. 15° 41'
00" W. a distance of 35.68 feet to the Point of
Beginning.
4. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts of
f
October 26, 1993
displayed pictures of the project.
Doug Murray, property owner on Carvin Street, suggested that
when the back portion of the project is being developed, the County
should consider bringing sewer service to the area.
Supervisor Johnson moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
Supervisor Johnson requested that Mr. Hodge work with the
developer, utility department, and citizens to solve the sewage
problems in the area when the back portion of the property is
developed and sewer lines extended.
ORDINANCE 1.02693-9 AMENDING PROFFERED CONDITIONB ON THE
REZONING OF A 2.066-ACRE TRACT OF REAL ESTATE (PART OF TAZ
NAP NO. 27.06-4-6) LOCATED APPROZI][lITELY 200 FEE'T' NOR?S~' OF
CARVIN STREET AND 1IALROND DRIVE IN THE HOLLINB ltS4I8TERIAI.
DIBTRICT FROM THE BONING CLABBIFICATION OB C-2, CONDITIONA?.,
TO THE ZONING CLA88IFICATZON OF C-2, CONDITIONAL (MODIFICA-
TION TO PROFFERED CONDITIONB) IIPON THE APPLICATION OF
RICHARD 11. BLOAN
WHEREAS, this property was rezoned to C-2, Conditional,
General Commercial District, with proffered conditions in 1984; and
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on October 7, 1993; and
WHEREAS, the first reading of this ordinance was held on
September 28, 1993; and the second reading and public hearing were
held on October 26, 1993; and
WHEREAS, legal notice and advertisement has been provided as
required by law.
Ootob~r Z6, 1993
~~
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.,(21 Development of the property shall be in
substantial conformity with the concep~_olan
y uo ee Associat s Architect dated
a,,...,..~ n n , .,....
approval by Roanok County
~ The maximum bui ding height shall not exceed the
lessor of two stories or 45 feet.
~l Tyne D-2 screenina and buffering shall be as shown
on the above nroffe ed conceit plan excetit at the
dumoster location where Twe D-1 provisions will
be used. Berms shall be utilized within the
screenina area to enhance and com~limen the
plantings. Berm shall be sculpted to various
heights with an average height of four fee and no
height less th n two feet. The average shah be
based on the total lin ar distance of th berm
using- e e eyation of th Ca in Street p~pgY~
line as the reference elevation The berm and the
Cf~MeATf 1.~M .~-~7 L__ce__ ~ _
development of the hotel shown on the c p~
~:
October 26, 1993
~a_Wd or Replace an Esistinq House, Located at 5374
West Main street, CataMba Magisterial District. IIpon
the Petition of the Roanoke Count Planain Commission.
1Terrv Harrington. Director of Planning & zoninc)
0-102693-10
Mr. Harrington advised that this is a request from the
Planning Commission to rezone the property at 5374 West Main Street.
The owners want to expand or replace the existing house, and this
rezoning will reflect the existing use of the property.
Supervisor Kohinke moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
ORDI~iA~TCE 102693-10 TO CHANag THE ZO~TIB~
CLA88IFICATIOIR OF A 1.22 ACRE TRACT OF REAL ESTA?t
LOCATED AT 5374 MAIN BTRBET (TA7C MAP NO. 64.01-3-
26) IN THE CATAWBA MMiIBTERIAL DISTRICT FROM THE
ZONING CLASSIFICATION OF C-2 TO THE ZONI~ia
CLASSIFICATION OF R-1 IIPON THE APPLICATION OF THE
ROANOICE COIINTY PLANNING COMMI88ION
WHEREAS, the first reading of this ordinance was held on
September 28, 1993, and the second reading and public hearing was held
October 26, 1993; and,
WHEREAS , the Roanoke County pia,,,, ; ,,.,. ~,.~._ : ,.... _ __ ~ _ , _,
public hearing on this matter on October 7, 1993; and,
WHEREAS, legal notice and advertisement has been provided as
required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
f
Ootob•r 26, 1993
contractor was allowed to take dirt if he would level the proposed
area. Mr. Chambliss advised that the contractor encountered rock.
IN R8: BZBCIITIVg 8$88ION
At 8:30 p.m., Supervisor Minnix moved to go into Executive
Session pursuant to the Code of Virginia Section 2.1-344 A (5) To
discuss the location of a perspective business or industry, and (7)
for consultation with legal counsel to discuss the actual or potential
litigation with Charles Cooper. The motion carried by the following
recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
IN RE: CBRTIBICATION OF BZBCOTIVB 8888ION
At 9:18 p.m., Supervisor Nickens moved to adopt the
Certification Resolution. The motion carried by the following
recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
RESOLIITION 102693-11 C$RTIFYING $BECIITIVE MEETING 1/A8 HELP
IN CONFORMITY AITH THB CODg OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant to an
affirmative recorded vote and in accordance with the provisions of The
Virginia Freedom of Information Act; and
ACTION NO . A-1116 9-3~- 8 . a
ITEM NUMBER '~ "
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 12, 1993
AGENDA ITEM: Confirmation of Committee Appointments to the
Roanoke Regional Cable TV Committee
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Roanoke Regional Cable TV Committee
At a previous meeting, the Board of Supervisors requested that
Cable TV Committee members, Harry Nickens, Anne Marie Green, and
Cable TV Coordinator Angela McPeak make a recommendation to fill
the unexpired term of Thomas E. Finton.
The Cable TV Committee members recommend that James B. Dickey fill
the unexpired term of Mr. Finton. The term will expire June 11,
1995. Supervisor Nickens asked that this recommendation be placed
on the Consent Agenda for confirmation.
RECOMMENDATION•
It is recommended that the above appointment be confirmed by the
Board of Supervisors.
Respectfully submitted,
.~ • ..~
Mary H. Allen, CMC
Clerk to the Board
Approved by,
~~
Elmer C. Hodge
County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (X) Motion by: Bob L. Johnson No Yes Abs
Denied ( ) Eddy x
Received ( ) Johnson x
Referred ( ) Kohinke x
Minnix x
To ( ) Nickens x
cc: File
Roanoke Regional Cable TV Committee File
ACTION # A-111693-8.b
ITEM NUMBER y "'
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving
Waterford, Section 4
COUNTY ADMINISTRATOR' S COMMENTS : ,~~~~~``j7
SUMMARY OF INFORMATION:
The Developers of Waterford, Section 4, Strauss Construction
Company, have requested that Roanoke County accept the Deed
conveying the water and sanitary sewer facilities serving the
subdivision along with all necessary easements.
The water and sewer facilities are installed, as shown on plans
prepared by Lumsden Associates entitled Waterford, Section 4, dated
April 17, 1992, which are on file in the County Engineering
Department. The water and sanitary sewer facility construction
meets the specifications and the plans approved by the County.
FISCAL IMPACT'
The value of the water and sanitary sewer construction is
$14,000.00 and $ 12,500.00 respectively.
RECOMMENDATION:
Staff recommends that the Board of Supervisors accept the water and
sanitary sewer facilities serving the Waterford, Section 4
subdivision along with all necessary easements, and authorize the
County Administrator to execute a Deed for the transfer of these
facilities.
~~
SUBMITTED BY:
-.
Cliffo aig, P.E.
Utility Director
APPROVED:
Elmer C. Hodge
County Administrator
ACTION VOTE
Approved (x) Motion by: Bob L. Johnson No Yes
Denied ( ) Eddy x
Received ( ) Johnson x
Referred Kohinke x
to Minnix x
Nickens x
Abs
cc: File
Clifford Craig, Director, Utility
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ROANOKE COUNTY
UTILITY ACCEPTANCE OF WATER AND SEWER SERVING WATERFORD
SECTION 4
DEPARTMENT
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DEED C~~ EA.SEMEr~T A!~i~ ASS~~~.~ME~lT
THIS DEED DEED QF Ee,SE~IENT ANn AScrr.Nl~IENT made this 16th ~?~ of :!u^e
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3 1QgS3 (~~r ?n~ ~ct,y~aon: Ctrl{;cS ('(~Cc±CtJ{'tj!~n ['mm~at~y hprcjnaftcr r~f~rrcri to
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4~ITNESSETH.
THAT FC~F. AND TAI r(1NSIf1ERATIOAI of the mut..al benefits to avcrue, the
[)oVelnner dogs hcrchv (;RANTS ('{~N\~FV3 A$SI~N A,ND TRANSFER, wjth ±he ~nyonantS of
rENFRAI wARRA.NTY !?F TITLE, in fee Simple UntrJ tra gnar~i all water and/~?!' coyrnr
ljneS, ;tal.~es, fltt~ngs, lateCalS3 ~onnc~tjonS3 Storage faC~lltjeS3 Sntarrcc of
Wator Su pl ~m c lnanhnlcc and an and all {~t,hcr e iijnmcnt an:~ an ~irtcnan~cc
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AS Shown on the plan o~tj±,lcrl w~terfn~-~l - Sertinn 4 c!ete^ April 17, 3
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Page 1 of 3
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Tha [letrelnncr tinac heCah~i Cn~,ianant ~anii ;.arrant that it grill ha rpcnnrSihla
fnr tha ~rnnpr i~Gt~llatinn
SvctamS invlt;tjjnn ranair of
tron~hcS fnr a ~cCin{i ~,f r~nc
yii l l nrfnr~n arty ncreGcpry r
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pnr~l rnnct.C~;,~t,i{in of the sal yratar anti/nr caWar
ci;rfara ,~reac ~ffe~t,e{j ~i~r gattlomcnt of utility
(j~ uaar afj;or ri,ata of ~vro~t.~nva by tha Rnarr~ anti
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of thP_. thjrti ~art~ r1er8~y ~ni~c in t}1e cvnrt!tl^-t C?f this Instrument t^ signify
the ar-Cantpr~yp ~ iS n ;favan a ntircitant to P_. f) t_;t Q n
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arir~nte{i ~y the E2naril C?f SUnervis^rs of Rc''anntt°_ c%C_!!!nt}r; Vlrgini?,
~_ .• - - -
l~ITNESS THE FOI_! ~wING si;n"?ttl.res anel seals:
C?evel~ner:
By:
By:
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As ~ pR~s~.p~
rn{;nty/~ ~f: ~oiQNofCf ~ t^ wit:
Thn fnrpg{}inq ~Ica{~ ;.rac ~vknn~lcAigerj kicfnr° me tE'1.1s:
~-3 ~ ~a;r cf ._ _. __ 1
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Cnt~nty,./Cjty ~f:
(',ni;nty Ailminictratr~r {~f Rnannko
(',n~int,v~ Vlr~inia -- - -
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T~1° fnrcnryjnn ~!cari t~yaq prknn~rlcrincri hafnrc Snc thjc-
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of ~?nar~nkc rn~_;nty, ~(lr~jni~ - - - - ~ - - -
Notary P~!hl i~
~y rnm~1~S1[~n PX;?1rE5:
Revise:! 10/16%90
Pa ~e ~ of ?
ACTION NO.
ITEM NUMBER ~"
AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE
COIINTY, VIRGINIA HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
AGENDA ITEM: Approval of Amendments to the Raffle and Bingo
Permit Application and the Financial Report
COIINTY ADMINISTRATORS COMMENTS:
SIIMMARY OF INFORMATION:
Attached are drafts of the Raffle and Bingo Permit Application and
a draft of the Financial Report. The State Code and County Code
require that amendments must be approved by the Board of
Supervisors.
The Permit Applications have been reduced from nine to four pages
to simplify the process. There will be separate applications for
Bingo and Raffles which will be less confusing for the organization
applying for the permit. All questions required by the Code are
included. An additional information sheet and the state code
requirements will be forwarded with each application.
The Financial Report has been amended to include changes adopted by
the General Assembly during their last session. These amendments
are set out in bold under II.5 and II.21. The Board of Supervisors
previously adopted an ordinance that included these changes.
The process for application remains the same. The applicant
applies to the Commissioner of the Revenue who reviews the
application and recommends approval or denial. The application is
then forwarded to the Board of Supervisors for approval or denial.
STAFF RECOMMENDATION:
Staff recommends that the attached amendments to the Bingo and
Raffle Permit and the Financial Report be approved.
Submitted By:
Mary H. Allen, CMC
Clerk to the Board
Approved by
~~
.~ ~
Elmer C. Hod e
County Administrator
S-y
Approved
Denied
Received
Ref erred
To
ACTION
VOTE
No Yes Abs
Eddy
Johnson
Kohinke
Minnix
Nickens
Motion by:
RAFFLE PERMIT APPLICATION ~-~
Application is hereby made for a raffle game permit. This
application is made subject to all County and State laws, rules,
ordinances, and regulations now in force, or that may be enacted
hereafter and which are hereby agreed to by the undersigned
applicant and officers of the organization and which shall be
deemed a condition under which this permit is issued.
Raffle games are strictly regulated by Title 18.2-340.1 et. se of
the criminal statutes of the Virginia Code, and by Section 4-86 et.
sea. of the Roanoke County Code. These laws authorize the County
Board of Supervisors to conduct a reasonable investigation prior to
granting a raffle permit. The Board has sixty days from the filing
of an application to grant or deny the permit. The Board may deny,
suspend, or revoke the permit of any organization found not to be
in strict compliance with county and state law.
Name of Organization
Mailing Address
City, State, Zip Code
When was the organization founded?
Purpose and Type of Organization
Has the organization been in existence in Roanoke County for two
continuous years? YES NO
Is the organization non-profit? YES NO
Is the organization exempt under §501(c)(3) of the Internal Revenue
Code? YES NO
Attach copy of IRS Tax Exemption Letter. (If applicable)
Does your organization understand that any organization found in
violation of the County Bingo and Raffle Ordinance or Section 18.2-
340.10 et. sect. of the Code of Virginia authorizing this permit is
subject to having such permit revoked and any person, shareholder,
agent, member or employee of such organization who violates the
above referenced Codes may be guilty of a felony?
Does your organization understand that it must maintain and file
complete records of receipts and disbursements pertaining to Raffle
games and that such records are subject to audit by the
Commissioner of the Revenue?
COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409
COMMISSIONER OF THE REVENUE ROANOKE, VA 24018
1
Does your organization understand that it is a violation of law to
" enter into a contract with any person or firm, association,
organization (other than another qualified organization pursuant to
§ 18.2-340.13 of the Code of Virginia), partnership, or corporation ~-
of any classification whatsoever, for the purpose of organizing,
managing, or conducting Raffles ?
DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES:
Article Description
DATE OF RAFFLE
Fair Market Value
If this application is for an ANNUAL RAFFLE PERMIT, list below all
dates raffles will be held.
Specific location where Raffle drawing is to be conducted?
NOTE: This permit shall be valid only for the above location.
State specifically how the proceeds from Raffle will be used. List
in detail the planned or intended use of the proceeds. Use
estimated amounts if necessary.
COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409
COMIVHSSIONER OF THE REVENUE ROANOKE, VA 24018
a
Officers of the Organization:
President:
Address:
Vice President:
Address:
Phone:
Phone:
S~
Secretary:
Address:
Phone:
Treasurer:
Address:
Member authorized to be responsible for Raffle operations:
Name:
Home Address
Phone Bus Phone
Member responsible for filing financial report required by the code
if your organization ceases to exist:
Name:
Home Address
Phone
Bus Phone
Does your organization understand that it will be required to
furnish a complete list of its membership upon the request of the
Commissioner of the Revenue?
Has your organization attached a check for the annual permit fee in
the amount of $25.00 payable to the County of Roanoke?
IF ALL QUESTIONS HAVE BEEN ANSWERED, PROCEED TO NOTARIZATION.
COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409
CONIlVIISSIONER OF THE REVENUE ROANOKE, VA 24018
Phone:
3
NOTARIZATION
THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS:
I hereby swear or affirm under the penalties of perjury as set
forth in §18.2 of the Code of Virginia, that all of the above
statements are true to the best of my knowledge, information, and
beliefs. All questions have been answered. I further swear that
I have read and understand the attached copies of Sec. 18.2-340.1
et. se of the Code of Virginia and Section 4-86 et. seQ. of the
Roanoke County Code.
Signed by:
Name
Title
Home Address
Subscribed and sworn before me, this day of
County/City of , Virginia.
My commission expires:
Notary Public
NOT VALID UNLESS COUNTERSIGNED
19_
The above application, having been found in due form, is approved
and issued to the applicant to have effect until December 31st of
this calendar year.
Date Commissioner of the Revenue
The above application is not approved.
Date Commissioner of the Revenue
COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409
COMIVHSSIONER OF THE REVENUE ROANOKE, VA 24018
19 in the
S~
4
BINGO PERMIT APPLICATION
Application is hereby made for a bingo game permit. This
application is made subject to all County and State laws, rules,
ordinances, and regulations now in force, or that may be enacted
hereafter and which are hereby agreed to by the undersigned
applicant and officers of the organization and which shall be
deemed a condition under which this permit is issued.
Bingo games are strictly regulated by Title 18.2-340.1 et. se of
the criminal statutes of the Virginia Code, and by Section 4-86 et.
se of the Roanoke County Code. These laws authorize the County
Board of Supervisors to conduct a reasonable investigation prior to
granting a bingo permit. The Board has sixty days from the filing
of an application to grant or deny the permit. The Board may deny,
suspend, or revoke the permit of any organization found not to be
in strict compliance with county and state law.
Name of Organization
Mailing Address
City, State, Zip Code
When was the organization founded?
Purpose and Type of organization
Has the organization been in existence in Roanoke County for two
continuous years? YES NO
Is the organization non-profit? YES NO
Is the organization exempt under §501(c)(3) of the Internal Revenue
Code? YES NO
Attach copy of IRS Tax Exemption Letter. (If applicable)
Does your organization understand that any organization found in
violation of the County Bingo and Raffle Ordinance or Section 18.2-
340.10 et. se of the Code of Virginia authorizing this permit is
subject to having such permit revoked and any person, shareholder,
agent, member or employee of such organization who violates the
above referenced Codes may be guilty of a felony?
Does your organization understand that it must maintain and file
complete records of receipts and disbursements pertaining to Bingo
games and that such records are subject to audit by the
Commissioner of the Revenue?
COUNrY OF ROANOKE, VIRGINIA P.O. BOX 20409
CONIlVIISSIONER OF THE REVENUE ROANOKE, VA 24018
J•y
1
Does your organization understand that it is a violation of law to
enter into a contract with any person or firm, association,
organization (other than another qualified organization pursuant to
§ 18.2-340.13 of the Code of Virginia), partnership, or corporation
of any classification whatsoever, for the purpose of organizing,
managing, or conducting Bingo Games ?
GROSS RECEIPTS from all sources related to the operation of Bingo
games or Instant Bingo by calendar quarter for prior calendar year
period.
BINGO INSTANT BINGO
1st Quarter 1st Quarter
2nd Quarter 2nd Quarter
3rd Quarter 3rd Quarter
4th Quarter 4th Quarter
TOTAL TOTAL
DAYS OF WEEK AND HOURS OF BINGO ACTIVITY:
Sunday From To
Monday From To
Tuesday From To
Wednesday From To
Thursday From To
Friday From To
Saturday From To
Specific location where Bingo game is to be conducted?
NOTE: This permit shall be valid only for the above location.
State specifically how the proceeds from Bingo will be used. List
in detail the planned or intended use of the proceeds. Use
estimated amounts if necessary.
COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409
COMMISSIONER OF THE REVENUE ROANOKE, VA 24018
a
Officers of the Organization:
President:
Address:
Phone:
Vice President:
Address:
Secretary:
Address:
Treasurer:
Address:
Member authorized to be responsible for Bingo operations:
Name:
Home Address
Phone Bus Phone
Member responsible for filing financial report required by the code
if your organization ceases to exist:
Name:
Phone:
Phone:
Phone:
Home Address
Phone
Bus Phone
Does your organization understand that it will be required to
furnish a complete list of its membership upon the request of the
Commissioner of the Revenue?
Has your organization attached a check for the annual permit fee in
the amount of $25.00 payable to the County of Roanoke?
IF ALL QUESTIONS HAVE BEEN ANSWERED, PROCEED TO NOTARIZATION.
COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409
COMMISSIONER OF THE REVENUE ROANOKE, VA 24018
S~
3
NOTARIZATION
THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS:
I hereby swear or affirm under the penalties of perjury as set
forth in §18.2 of the Code of Virginia, that all of the above
statements are true to the best of my knowledge, information, and
beliefs. All questions have been answered. I further swear that
I have read and understand the attached copies of Sec. 18.2-340.1
et. se of the Code of Virginia and Section 4-86 et. se of the
Roanoke County Code.
Signed by:
Name
Title
Subscribed and sworn before me, this
County/City of
Home Address
day of 19 in the
Virginia.
My commission expires:
Notary Public
NOT VALID UNLESS COUNTERSIGNED
19_
The above application, having been found in due form, is approved
and issued to the applicant to have effect until December 31st of
this calendar year.
Date Commissioner of the Revenue
The above application is not approved.
3-~
Date Commissioner of the Revenue
COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409
COMIVHSSIONER OF THE REVENUE ROANOKE, VA 24018
4
COMMISSIONER OF THE REVENUE ~
BINGO OR RAFFLE FINANCIAL REPORT
Pursuant to Section 18.2-340 of the State Code of Virginia and Article V
Section 4-96-97 and 4-96-99 of the Roanoke County Code, all holders of a
Bingo Game or Raffle Permit must file annually or quarterly with the county
a record of all receipts and disbursements in accordance with the provisions
of this Article. All such accounting shall be made on or before the first
day of DECEMBER of each calendar year for which a permit has been issued.
Additionally, all organizations with gross receipts over $2,000 for the
reporting period must submit an audit fee of two percent of the gross
receipts and applicable interest reported. FAILURE TO FILE A REPORT OF SUCH
RECORDS ON OR BEFORE DECEMBER 1ST OR WITHIN 60 DAYS OF THE LAST DAY OF A
QUARTER SHALL CAUSE THE AUTOMATIC REVOCATION OF THE PERMIT.
Name of
Organization
Address
Address Where Bingo/Raffle is held
Person Preparing Report
Daytime Telephone Number of Person Preparing Report
Period for which this report is filed
Permit was for Bingo
I. BEGINNING BALANCES
Raffle
1. Beginning Bank Balance from Bingo Raffle .$
2 . Cash on Hand . $
3 . TOTAL . (A) $
II. GROSS RECEIPTS
4. Admission (Regular and Extra Cards). $
5. Instant Bingo Sales .$
(Can not exceed 50% of Line 9)
6. Misc. Sales (Excl. Bev. & Food) .$
Explain in Part IV.
7. Raffles . $
8. Other (Including Interest Income) .$
Explain in Part IV.
9. TOTAL GROSS RECEIPTS. (B)$
10. TOTAL CASH AVAILABLE .Add (A) and (B)$
1
ING COST EXCLUDING BEV. AND FOOD
III. OPERAT ( )
11. Bingo Supplies . $
12. Instant Bingo Supplies .$
13. Other Supplies & Equipment-Explain in Part IV $
14 . Permit Fee . $
15. Jackpot Prizes Awarded .$
16. Instant Bingo Prizes Awarded .$
17 . Rent . $
18 . Audit Fee . $
19. Other .Explain in Part IV .$
Line#
Line#
Line#
Line#
Line#
Line#
Line#
Line#
Line#
2 0 . TOTAL (C ) $
21. USE OF PROCEEDS (D) $
MUST BE AT LEAST 12.5% OF LINE 9.
Explain in Detail in Part IV
22. TOTAL EXPENDITURES ADD (C) AND (D) $
23. ENDING BANK BALANCE (E)$
24. CASH ON HAND . (F) $
25. TOTAL ACCOUNTED FOR .ADD (C) (D) (E) (F) $
* * * * * * * * * * PART IV * * * *
DETAILED EXPLANATIONS REQUIRED FOR ANY ENTRIES ON
LINES 6, 8, 13, 19, OR 21
2
BINGO OR RAFFLE PROCEEDS
19
This certificate MUST be verified under oath by the Fiscal Officer,
President, and Members of the Board of Directors.
THIS CERTIFICATE MUST BE FILED WITH THE ANNUAL FINANCIAL STATEMENT
BY DECEMBER 1ST.
Name of Organization
I certify that the proceeds of all Bingo Games or Raffles reported
herein have been used to support those lawful, religious,
charitable, community or educational purposes for which this
organization is specifically chartered or organized and that the
operation of such Bingo Games or Raffles has been in accordance
with Title 18.2 of the Code of Virginia, as amended.
Signature
Name
Home Address
Signature
Name
Home Address
Signature
Name
Home Address
Signature
Name
Home Address
The above signed Officers and Directors hereby swear or affirm
under penalties of perjury as set forth in Title 18.2-434 of the
Code of Virginia, that the above statement is true to the best of
their knowledge, information, and beliefs.
Subscribed and sworn to before me, this day of
in the County/City of ,Virginia.
My commission expires:
Date
Title
Date
Title
Title
Date
Title
Date
~~
19_
Notary Public
3
..~•
~'
OATH:
I, the undersigned, do swear and affirm that the foregoing figures
and statements are true, full and correct to the best of my
knowledge and belief.
Authorized Agent Date
SUBSCRIBED AND SWORN BEFORE ME THIS
in the County/City of
DAY OF 19
Virginia.
MY COMMISSION EXPIRES: 19
Notary Public
4
ArmTON NO. A-111693-8.c
ITEM NTTMBER ~~
AT ~ RFGTJ? AT? ME~'TING OF 'U'HF R(~A1~T1 C1F S?JPERVT_SORS OF ROA.NOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1.993
AGENDA ITEM•
Acceptance of a Grant by the Roanoke County
Circuit Court Clerk's Office for smoke and fire
detectior_ and crime pre~~ention improvemer_ts
COUNTY ADMINISTRATOR'S
BACKGROUND:
COMMENTS : ~/~ ~'
/~'`
The Roanoke County Circuit Court Clerk's Office has been notified
?ay the Virginia State Library and Archives that it has been awarded
a grant in the amount of $4,514.50 for the purposes of installing
smoke and fire detection equipment in the record room, replacing
and installing additional "panic buttons" throughout the clerk's
office for alerting Sheriff's department officers in case of
emergency, installing a video surveillance camera behind the front
counter cash registers in the clerk's office work area, and
installing an alarm on the in-house safe.
FISCAL IMPACT•
This is a 100n grant in the amount of $4,514.50 from the Virginia
State Library and Archives which I am requesting be allocated to
the Clerk's office. There are no requirements for matching funds
or other contributions by Roanoke County.
STAFF RECOMMENDATION:
The staff recommends acceptance of the grant from the Virginia
State Library and Archives.
1
Respectfully submitted,
x~~~
Steven A~ McCraw, Clerk
Roanoke County Circuit Court
Approved by,
.~/ ~~
~,' lmp r f' : Hodge
County Administrator
AC'T'ION VOTE
Approved (x) Motion by: Bob L. Johnson No Yes Abs
Denied ~ ) Fddy x
Received ( ) ,7ohnson x
Referred ( 1, Kohinke x
To ( ) Minnix x
Nickens x
cc~ File
mane Hyatt, Finance nirector
Steven A~ McGraw, Clerk of Circuit Court
I
Bp,
y,~p®
ie~ TT."
~~~
,_~5
John C. Tyson
STATE LIBRARIAN
VIRGINIA STATE LIBRARY
and
ARCHIVES
Mr. Steven A. McGraw
Clerk of the Circuit Court
Roanoke County
P. O. Box 711
Salem VA 24153
Dear Mr. McGraw:
(804)786-2332
(V/TDD)(804)786-3618
(FAX)(804)786-5855
October 19, 1993
It is our pleasure to inform you that your grant application for
Smoke and Fire Detection from the Circuit Court Records Preservation
Program has been approved by the review board in the amount of
$4,514.50, subject to the availability of funds and the following
proviso:
1. Sign and return the enclosed agreement to the grant
administrator's office
2. Award to Metrocall and Simplex
Enclosed, you will find the grant agreement. This agreement
spells out, in detail, the term of your project, the portion of your
project supported with grant funds, and the specific work that is to
be accomplished. It will also indicate your fiscal and program
reporting requirements. Please read the agreement carefully. When
this agreement is signed and returned to the grant administrator's
office at the VSLA, along with any applicable documentation, funds
will be released to your locality's fiscal office as scheduled in the
agreement.
Please accept our congratulations
application. We appreciate your interest
documentary heritage and extend our best
project.
Sincey,
C. Tyson
t e Librari n
~ i! ~~~I~~~«
Louis H. Manarin
State Archivist
on the approval of your
in preserving Virginia's
wishes for a successful
11th STREET AT CAPITOL SQUARE, RICHMOND, VA 2 3 21 9-34 9 1
A-111693-8.d
ACTION NO.
r
ITEM NUMBER ~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
AGENDA ITEM: Acknowledgement of Acceptance of 0.10 Miles of
Olney Road and 0.08 miles of Corllens Lane into the
Secondary System by the Virginia Department of
Transportation
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Roanoke County has received acknowledgement that the following
roads have been accepted into the Secondary System by the Virginia
Department of Transportation effective November 1, 1993.
Mountain View Estates
0.10 Miles
0.08 Miles
SUBMITTED BY:
YY1 ~ ,~•
Mary H. Allen
Clerk to the Bo
of Olney Road (Route 1217)
of Corllens Lane (Route 1218)
APPROVED BY:
~~
Elmer C. Hodge
and County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (x~ Motion by: Bob L. Johnson No Yes Abs
Denied ( ) Eddy x
Received ( ) Kohinke x
Referred ( ) Johnson x
To ( ) Minnix x
Nickens x
cc: File
Arnold Covey, Director, Engineering & Inspections
-,
ACTION # A-111693-8.e
ITEM NUMBER ~'~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE
COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
AGENDA ITEM: Donation of Right-of-Way Easement in connection with
the Camney Lane Road Project
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION
This consent agenda item involves the donation of the
following easements to the County of Roanoke for right-of-way
purposes in relation to the Camney Lane Road Project in the Vinton
Magisterial District.
a) Donation of an easement from Leonard F. Wedge, Jr. and
Beth B. Wedge, husband and wife, (Deed Book 1232, Page
1652) (Tax Map No. 611.04-2-16.2) as shown on a plat
prepared by the Roanoke County Engineering & Inspections
Department, dated February 5, 1991.
b) Donation of an easement from Leonard F. Wedge, Jr. and
Beth B. Wedge, husband and wife, (Deed Book 1232, Page
1652) (Tax Map No. 61.04-2-16.3) as shown on a plat
prepared by the Roanoke County Engineering & Inspections
Department, dated February 5, 1991.
c) Donation of an easement from Leonard F. Wedge, Jr. and
Beth B. Wedge, husband and wife, (Deed Book 1232, Page
1652) (Tax Map No.61.04-2-16.7) as shown on a plat
prepared by the Roanoke County Engineering & Inspections
Department, dated February 5, 1991.
The location and dimensions of these properties have been
reviewed and approved by the County's engineering staff.
~7
STAFF RECOMMENDATION
Staff recommends acceptance of these properties.
~~IITTED BY: APPROVED BY:
Arnold Covey, Direct r Elmer C. Hodge
of Engineering & Ins ections County Administrator
---------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Rc,b r,_ .7[~hns[~n No Yes Abs
Denied ( ) Eddy x
Received ( ) Johnson x
Ref erred Kohinke x
To Minnix x
Nickens x
cc: File
Arnold Covey, Director, Engineering & Inspections
2
' METES AND BOUNDS DESCRIPTION SHOYYN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS,
PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY.
J-~
i
Property of
±4.0o LEONARD F. /R. 8
TAX- N0. 61.04-2-16.6 BETH B. 6YEDGE
^~°~~ D
.~
oa` M
~~ .~
~ h
M Z
PROPOSED ~~i2
R/GHT OF WAY o~
•SO
TAX N0.61.04-2-16.2
TAX N0. 61.04-2-16.1
.\
TAX MAP NO. st.o4-2-ts7 SCALE: t"=2o'
PLAT SHOWING PROPOSED RIGHT OF WAY
BEING CONVEYED TO ROANOKE COUNTY BY
LEONARD F. JR. ~ BETH B. WEDGE
PREPARED BY: ROANOKE COUNTY ENGINEERING DEPARTMENT
DATE: 2 -5-91 I
~ W
o W Wo
/~ = p N
3
METES A3VD BOUNDS DESCRIPTION SHOWN ON THIS PUT REPRESENT A COMPOSITE OF DEED,
PUTS, ANO CALCUUTED INFORMATION ANO DO NOT REFLECT AN ACCURATE BOUNDARY SUAVEY.
' "~`
"°'
S18°41'.W TAX NO. 61.04-2-16.7
8.62 `a
TAX N0.61.04-2-16.3 ~O
o\Z~ ~ x/02
53$ 9°' ~~ 1
\ °~lill~ _ h° so ~
Property of
LEONARD F. /R. &
BETH B. WEDGE
s
PROPOSED ~%
RIGHT OF WAY ~~F
'sso
TAX N0. 61.04-2-i7
TAX N0. 61.04-2-16.3
3
_ ca
~~
O N
_ Z
~~'S
TAX MAP NO. sl.oa-2-IS.2 SCALE: I" = 20'
PLAT SHOWING PROPOSED RIGAT OF WAY
BEING CONVEYED TO ROANOKE COUNTY BY
LEONARD F. JR. b BETH B. WEDGE
PREPARED BY: ROANOKE COUNTY ENGINEERING DEPARTMENT DATE: 2 - 5 -91 .
• METES AND BOUNDS DESCRIPTION SHOWN ON THIS PLAT REPAIESENT A COMPOSITE Of DEEDS,
PLATS, ANO CALCULATED INFORMATION ANO DO NOT REFLECT ANACCURATE BOUNDARY SUAVEY.
TAX N0, 61.04-2-16.4 -
MNEY L~ ~ S 4913 02?~ J -
CA ~~ ~~~ TAX N0.6L04-2 16.3
N 50°32 22 E-*-142 ~
.F
PROPOSED
R/GHT OF WQY
Z Pro~oei'ty of
o ~ LEONARD F /R Q
p ~ 6~E'TH B. WEDGE
0
f
Gp. N 2qo
e 0
6A04N2-18 RpO~ak 35(S~
N21°~o ~5 td ~o.
~~ Beds
N
W o
O ~"
;moo ~2 E
.~
.~
TAX NO. 61.04-2-16.2
/~~ TAX N0. 61.04-2-I7
•A
• O
O °
i0
O ~
TAX MAPNO. 61.04-2-16.3
PLAT SHOWING PROPOSED RIGHT OF WAY
. BEING CONVEYED TO ROANOKE COUNTY BY
LEONARD F. JR. ~ BETH B. WEDGE
SOALE: I"- 40'
PREPARED 8Y: ROANOKE COUNTY ENGINEERING DEPARTMENT DATE: 2- 5 -91.
5
*.
ACTION #
A-111693-8.f
ITEM NUMBER ""
MEETING DATE: November 16, 1993
AGENDA ITEM: Request for Appropriation to the School Grant Fund
COUNTY ADMINISTRATOR'S COMMENTS: ,/~ ~ °'~'//~
BACKGROUND: The Roanoke County School Board has received a grant in
the amount of $1,000 from the National Council on US-Arab Relations
through the Virginia State Committee on US-Arab Relations. The
purpose of the grant is to offset costs of a conference and teacher
training workshop on the Middle East. The accessibility of Roanoke
County teachers to the conference and workshop scheduled for April
13, 1994 will enhance the international studies program.
FISCAL IMPACT: None. Revenue received in addition to funds
budgeted in the school operating budget will offset expenditures.
STAFF RECOMMENDATION: Staff recommends appropriation of the $1,000
to the School Grant Fund.
David M. Wym
Supervisor o Social Studies
~f/
~ -,"`,i c9-c
Elmer C. Hodge
County Administrator
------------------------------------------------------------------
ACTION VOTE
No Yes Abs
Approved ( x) Motion by : Rnh r, _ .Tnhn Gnn Eddy x
Denied ( ) Johnson x
Received ( ) Kohinke x
Referred ( ) Minnix x
To Nickens x
cc:
Attachment
cc: File
Diane D. Hyatt, Director, Finance
Dr. Bayes Wilson, Superintendent, Roanoke County Schools
,°
T- 8
FROM THE MINUTES OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY
MEETING IN REGULAR SESSION AT 7 P.M. ON OCTOBER 28, 1993 IN THE
BOARD ROOM OF THE SCHOOL ADMINISTRATION BUILDING, SALEM, VIRGINIA.
RESOLUTION REQUESTING AN APPROPRIATION OF
$1,000 BY THE BOARD OF SUPERVISORS TO THE
SCHOOL GRANT FUND.
WHEREAS, the County School Board of Roanoke County has
been awarded a grant in the amount of $1,000 by the National
Council on US-Arab Relations through the Virginia State Committee
on US-Arab Relations to support the teacher training workshop on
April 13, 1994 entitled Changing Times and Attitudes Toward the
Middle East: Teaching the Arab World in Secondary Schools;
BE IT RESOLVED THAT the County School Board of Roanoke
County on motion of Barbara B. Chewning and duly seconded, requests
an appropriation by the Board of Supervisors of Roanoke County in
the amount of $1,000 to the School Grant Fund.
Adopted on the following recorded vote:
AYES: Jerry L. Canada, Barbara B. Chewning, Charlsie
S. Pafford, Maurice L. Mitchell, Frank E.
Thomas
NAYS: None
TESTE:
/.
~...-
c: Diane Hyatt
ACTION NO.
A-111693-8.g
ITEM NO.
~~~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
AGENDA ITEM: Donation of Existing Tank Lots and related access
easements in Section 1 of Branderwood Subdivision
and in Section 7, SteepleHunt of Canterbury Park
Subdivision, from Boone, Boone & Loeb, Inc., to the
County of Roanoke.
COUNTY ADMINISTRATOR'S COMMENTS: ~ ,ham,-~~
~z a~~'
SUMMARY OF INFORMATION:
This consent agenda item involves the donation and acceptance
of the following parcels of land for water storage tank lots,
together with the necessary access easements, in connection with
water systems previously dedicated to and accepted by the County of
Roanoke:
a) Donation from Boone, Boone & Loeb, Inc., of an existing
Tank Lot (Tax Map No. 97.07-2-69), adjoining Lots 19, 20,
& 21, and Lot 17, as shown on Plat of Section 1,
Branderwood, which plat is recorded in Plat Book 9, page
351, in the Clerk's Office of the Circuit Court for the
County of Roanoke, Virginia, and a copy of which is on
file with the Clerk to the Board of Supervisors of
Roanoke County; TOGETHER WITH the right to use the 30'
Utility and Road Easement for access to and from said
Tank Lot, as shown on Plat of Section 1, Branderwood,
recorded as aforesaid.
b) Donation from Boone, Boone & Loeb, Inc., of an existing
Tank Lot (Tax Map No. 76.19-5-4), located between Lot 3
and 4, Section 7, SteepleHunt of Canterbury Park, as
shown on plat of Section No. 7, SteepleHunt of Canterbury
Park, as recorded in Plat Book 11, page 175, in the
Clerk's Office of the Circuit Court for the County of
Roanoke, Virginia, and a copy of which is on file with
the Clerk to the Board of Supervisors of Roanoke County;
TOGETHER WITH the right to use the Existing Water &
Access Easement for access to and from the Tank Lot, all
as shown on plat of Section No. 7, SteepleHunt of
Canterbury Park, recorded as aforesaid.
S-9
The locations and dimensions of these properties and easements
have been reviewed and approved by County staff.
STAFF RECOMMENDATION:
Staff recommends acceptance of these properties.
Respectfully submitted,
Vicki L. Huf an
Assistant Coun y Attorney
Action
A roved (x) Motion by Rnh T Tnhn~nn Eddy
pp Johnson
Denied ( )
Received ( ) Kohinke
Referred Nickens
to Minnix
Vote
No Yes Abs
x
x
x
x
x
cc: File
Clifford Craig, Director, Utility
m-~
COUNTY OF ROANOKE, VIRGINIA
GENERAL FUND UNAPPROPRIATED BALANCE
Amount
Beginning Balance at $6,936,009
July 1, 1993 (Audited)
Original
1993-94 Budget Addition to reserve 80,668
% of General
Fund Expenditures
July 27, 1993 Reserved for ISTEA match (49,200)
August 24, 1993 VDOT Revenue Sharing Match (25,000)
October 26, 1993 Purchase of ladder truck 203 733
Balance at November 16, 1993 6 738 744 8_
Submitted By
Diane D. Hyatt ~j
Director of Finance
Note: On December 18, 1990, the Board of Supervisors adopted a goal statement to maintain the
General Fund Unappropriated Balance at 6.25% of General Fund revenues ($77,411,447).
m- ~,
COUNTY OF ROANOKE, VIRGINIA
CAPITAL FUND UNAPPROPRIATED BALANCE
July 13, 1993
Beginning Balance at July 1, 1993 $136,635
(Audited)
Northside High School Ball Fields 62 000
Balance as of November 16, 1993 $_
Submitted by
Diane D. Hyatt
Director of Finance
/~- 3
COUNTY OF ROANOKE, VIRGINIA
RESERVE FOR BOARD CONTINGENCY
Beginning Balance at July 1, 1993 $100,000
July 13, 1993 Clerk of Circuit Court New Position (26,400)
October 26, 1993 Codification of County Code 6 500
Balance as of November 16, 1993 $ 6
Submitted by
Diane D. Hyatt
Director of Finance
ACTION #
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
AGENDA ITEM: Accounts Paid -September 1993
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Payments to Vendors:
$2,337,298.45
Payroll: 9/10/93
9/24/93
$ 491,022.93
486,607.31
977,630.24
$3,314,928.69
A detailed listing of the payments is on file with the Clerk to the Board of Supervisors.
SUBMITTED BY:
~..a,~,-t.~ f~ ~ ~.
Diane D. Hyatt
Director of Finance
APPROVED:
~~
Elmer C. Hodge
County Administrator
ACTION
Approved () Motion by:
Denied ( )
Received ( )
Referred ( )
To ( )
VOTE
No Yes Abs
Eddy _ _ _
Johnson _ _ _
Kohinke _ _ _
Minnix _ _ _
Nickens _ _ _
ACTION #
ITEM NUMBER r
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
AGENDA ITEM: Accounts Paid -October 1993
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Payments to Vendors:
$2,733,065.13
Payroll: 10/08/93
10/22/93
$ 493,478.58
512,660.16
1,006,138.74
$3,739,203.87
A detailed listing of the payments is on file with the Clerk to the Board of Supervisors.
SUBMITTED BY:
Diane D. Hyatt
Director of Finance
APPROVED:
~~.
Elmer C. Hodge
County Administrator
ACTION
Approved () Motion by:
Denied ( )
Received ( )
Referred ( )
To ( )
VOTE
No Yes Abs
Eddy _ _ _
Johnson _ _ _
Kohinke _ _ _
Minnix _ _ _
Nickens _ _ _
ACTION
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
AGENDA ITEM: Report on Approval by the Virginia Health
Department of the County's Proposed Water Treatment
Process
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND'
In order to provide an economical water treatment process that
could meet existing and proposed requirements of the Safe Drinking
Water Act, the County proposed a new treatment process that had not
been used in Virginia. Under these circumstances, the State will
consider approval of the new process only after a trial or pilot
period has proved the process capable of meeting the State
standards for drinking water.
SUMMARY OF INFORMATION:
Roanoke County constructed and operated the proposed adsorption
clarifier process for a period of eight months. The water
treatment plant produced 196,000 gallon of treated water per day
over the pilot period. On the average, the pilot plant produced
water that was 15 times cleaner than the minimum required to meet
the State Standards. The lowest quality of water produced during
the pilot operation was 5 times cleaner than the minimum required
by the State.
The County supplied the Virginia Health Department with the
engineering and operational data for the pilot plant in May 1993
for their review.
On October 27, 1993, the Virginia Health Department notified us
that they had completed the review of the "Roanoke County, Pilot
Treatment Plant Data, Adsorption Clarifier Process" Volumes I and
II for the proposed water treatment facility; and found it to be
technically adequate and approved with the condition that the final
design be completed in accordance with the Waterworks Regulations.
m-6
The adsorption clarifier process is now approved for use in
Virginia and additional pilot tests will not be required. The
Utility Department will now proceed with the Engineering Report and
Final Plans submittal to the Health Department for their review and
approval of the full size water treatment facility.
SUBMITTED BY:
~~ ((~~,,' ,
C_~- '~~'
Clifford 'g, P.E. ~~
Utility Director
Approved
Denied
Received
Referred
to
Motion by:
ACTION
APPROVED:
~~~K''
Elmer C. Hodge
County Administrator
VOTE
No Yes Abs
Eddy
Johnson
Kohinke
Minnix
Nickens
~,.
ACTION #
ITEM NUMBER .,-
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE
COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
AGENDA ITEM: Report of the Dixie Caverns Landfill Clean-up
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND
The Environmental Protection Agency has ordered the County,
along with the Roanoke Electric Steel Corporation, to clean up the
flyash pile (electric arc furnace dust) and to remove flyash that
has been deposited along an unnamed. creek that flows out of the
Dixie Caverns site. Work is now progressing on the clean-up of the
stream and we are preparing a submittal for the EPA that will
request them to consider OSSD (on-site stabilization and disposal)
for the flyash pile, as opposed to the EPA preferred alternative of
HTMR (high temperature metals recovery).
SUMMARY OF INFORMATION
There are still many variables associated with the stream
clean-up and the flyash pile itself. The last visit by the EPA
leads us to believe that they will recommend that the Consent Order
for Removal be amended to include additional area downstream from
where we had originally intended to stop. This could mean
additional sampling, more easements, and additional money. The
biggest factor in determining the cost for the flyash is contingent
on EPA's approval or disapproval of our suggested process. There
is a wide disparity in the two processes and we may not know the
final decision until March of next year. Our best estimate of
costs associated with these two activities is as follows; $2
million for the stream clean-up and $4 million for the flyash pile.
I would caution the Board that these are our best guess estimates
at this time and may vary considerably depending on many variable
and unknown parameters. As you know, the Roanoke Electric steel
Corporation is paying for one-half of the costs associated with the
flyash removal in accordance with the previously signed cost-
sharing agreement.
,~
~ "'"
Roanoke County currently has available $1.68 million dollars
for the Dixie Caverns project.
SUBMITTED BY:
.Qaz~. 7r/ ~a.~x.. ~Z'
Georg W. Simps , III, P.E.
Assistant Director of
Engineering & Inspections
Approved ( )
Denied ( )
Received ( )
Referred
To
ACTION
Motion by:
APPROVED BY:
Elmer C. Ho ge
County Administrator
VOTE
No Yes Abs
Eddy
Johnson
Kohinke
Minnix
Nickens
pc: Arnold Covey, Director of Engineering & Inspections
Paul Mahoney, County Attorney
Diane D. Hyatt, Director of Finance
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE
COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER
ON TUESDAY, NOVEMBER 16, 1993
RESOLIITION 111693-9 CERTIFYING EXECUTIVE MEETING WAS HELD
IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant to
an affirmative recorded vote and in accordance with the provisions
of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia
requires a certification by the Board of Supervisors of Roanoke
County, Virginia, that such executive meeting was conducted in
conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that, to
the best of each members knowledge:
1. Only public business matters lawfully exempted from
open meeting requirements by Virginia law were discussed in the
executive meeting which this certification resolution applies, and
2. Only such public business matters as were identified
in the motion convening the executive meeting were heard, discussed
or considered by the Board of Supervisors of Roanoke County,
Virginia.
On motion of Supervisor Johnson to adopt the Certification
Resolution, and carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Executive Session
O~ ROAN ~,~
2 A
~ ~
v .2
a
~ 38
COUNTYADMINISTRATOR
ELMER C. HODGE
(703) 772-2004
November 17, 1993
Reverend Laney Mofield
Colonial Avenue Baptist Chur~~.
4165 Colonial Avenue, S. W.
Roanoke, VA 24018
Dear Rev. Mofield:
(703) 772-2005
On behalf of fhe Board of Supervisors, I would -ike to thank you for offering the
invocation at our meeting on Tuesday, November 16, 1993.
We believe it is most important to ask for divine guidance at these meetings and the
Board is very grateful for your contribution.
Thank you again for sharing your time and your words with us.
Sincerely'
/ '
~~
H. O ell "Fu ry" Minnix, Chairman
Roanoke County Board of Supervisors
P.O. BOX 29800
ROANOKE, VIRGINIA 24018-0798
BOARD OF SUPERVISORS
H. ODELL "FUZZY' MINNIX, CHAIRMAN
CAVE SPRING MAGISTERIAL DISTRICT
LEE B. EDDY, VICE-CHAIRMAN
WINDSOR HILL MAGISTERIAL DISTRICT
BOB L. JOHNSON
HOWNS MAGISTERIAL DISTRICT
EDWARD G. KOHINKE, SR.
CATAWBA MAGISTERIAL DISTRICT
HARRY C. NICKENS
VINTON MAGISTERIAL DISTRICT
® Recycled Paper
~ pOAN
~~
°v 2
a
~ 38
COU NTY ADM I N ISTRATOR
ELMER C. HODGE
(703) 772.2004
Mr. James B. Dickey
3440 Wedgewood Road, SW
Roanoke, VA 24018
Dear Mr. Dickey:
November 17, 1993
BOARD OF SUPERVISORS
H. ODELL'FU2ZY' MIN NIX, CHAIRMAN
CAVE SPRING MAGISTERIAL DISTRICT
LEE B. EDDY, VICE-CHAIRMAN
WINDSOR HILLS MAGISTERIAL DISTRICT
BOB L JOHNSON
HOW NS MAGISTERULL. DISTRICT
EDWARD G. KOHINKE, SR.
CATAWBA MAGISTERIAL DISTRICT
HARRY C. NICKENS
VINTON MAGISTERUIL DISTRICT
(703) 772-2005
I am pleased to inform you that, at their meeting held on Tuesday,
November 16, 1993, the Board of Supervisors voted unanimously to
appoint you as an at-large member of the Roanoke Valley Regional
Cable TV Committee to complete the unexpired portion of the three-
year term of Thomas E. Finton. Mr. Finton's term began June 11,
1992, and will expire on June 11, 1995.
State law provides that any person elected, re-elected, appointed,
or re-appointed to any public body be furnished a copy of the
Freedom of Information Act. Your copy is enclosed. We are also
sending you a copy of the Conflicts of Interest Act.
On behalf of the Supervisors and the citizens of Roanoke County,
please accept our sincere thanks and appreciation for your
willingness to accept this appointment.
HOM/bj h
Enclosures
cc: Mary F. Parker,
Carolyn S. Ross,
Gretchen Shine,
P.O. BOX 29800
ROANOKE, VIRGINIA 24018-0798
Very ~ ly yours,
H. d 1~~'~uzzy" Minnix, Chairman
Roanoke County Board of Supervisors
Clerk, Roanoke City Council
Clerk, Vinton Town Council
General Manager, Cox Cable Roanoke
® Recycled Paper
OF R AN ,~.
~~
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1 38
C~~a~xx~# ~~ ~~xxY~.~.~e
P.O. BOX 29800
ROANOKE, VIRGINIA 24018-0798
COUNTY ADMINISTRATOR
ELMER C. HODGE
(703) 772-2004
November 17, 1993
BOARD OF SUPERVISORS
H. ODELL FUZZY MINNIX, CHAIRMAN
CAVE SPRING MAGISTERIAL DISTRICT
LEE B. EDDY, VICE-CHAIRMAN
WINDSOR HILL MAGISTERIAL DISTRICT
BOB L. JOHNSON
HOWNS MAGISTERIAL DISTRICT
EDWARD G. KOHINKE, SR.
CATAWBA MAGISTERIAL DISTRICT
HARRY C. NICKENS
VINTON MAGISTERIAL DISTRICT
(703) 772-2005
Mr. Thomas E. Finton
2219 Sorrel Lane, SW
Roanoke, VA 24018
Dear Mr. Finton:
The members of the Roanoke County Board of Supervisors have asked
me to express their sincere appreciation for your previous service
on the Roanoke Valley Regional Cable TV Committee. Allow me to
personally thank you for the time you served on this committee.
Citizens responsive to the needs of their community and willing to
give of themselves and their time are indeed all too scarce.
Roanoke County is fortunate indeed to have benefitted from your
unselfish contribution to our community.
As a small token of appreciation, we enclose a Certificate of
Appreciation for your service to Roanoke County.
Sincerely,
~~ ~`"~,/
H.~ Odel~"' uzz " Minn'x Chairman
Y
Roanoke County Board of Supervisors
HOM/bjh
Enclosure
® Recycled Paper
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FOR ELN
DATE ~ ~ ' A. M.
Z ~ TIME 3.2]
P. M.
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PHONE 2 q
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AREA CODE
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TELEPHONED PLEASE CALL {/
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WANTS TO SEE YOU RUSH
RETURNED YOUR CALL SPECIAL ATTENTION
MESSAGE
U~1> e S ~ 7C1. h .rL '~A
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SIGNED
TOPS ®FORM 30025
urrio w u.s.A.
NOVEMBER 16. 1993
Audit Committee - 2 p.m.
Presentation - Science Museum
Sewage Treatment Plant Agreement
Year End Report
2nd - Easement from Rider
Surplus Property Pinkard Court
Right-of Way - David Shelor
1st - Vacate Dallas Road
- Vacate Alley near Larson Lane
pF ROAN 'I-F
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COUNTYADMINISTRATOR
ELMER C. HODGE
(703) 772-2004
~~~~~ ~~ ~~~a0r.~.~
P.O. BOX 29800
ROANOKE, VIRGINIA 24018-0798
June 28, 1993
BOARDOFSUPERVISORS
H. ODELL "FUZZY" MINNIX. CHAIRMAN
CAVE SPRING MAGISTERIAL DISTRICT
LEE B. EDDY, VICE-CHAIRMAN
WINDSOR HILLS MAGISTERIAL DISTRICT
BOB L. JOHNSON
HOWNS MAGISTERIAL DISTRICT
EDWARD G. KOHINKE, SR.
CATAWBA MAGISTERIAL DISTRICT
HARRY C. NICKENS
VINTON MAGISTERIAL DISTRICT
(703) 772-2005
Ms. Martha Hooker
3435 Buckwood Trail
Salem, VA 24153
Dear Martha:
My records indicate that your term on the Planning Commission will
expire December 31, 1993.
Unless you decide to step down voluntarily, I plan to nominate you
for reappointment.
Thanks, and keep up the good work!
Sincerely,
Edward G. Kohinke, Sr.
Roanoke County Board of Supervisors
Catawba Magisterial District
EGK/bjh
cc: Board Reading File
Donald R. Witt, Chairman, Planning Commission
Terry Harrington
Elmer Hodge
Mary Allen
®R~yded P~-
~F ROAN ,~~
~ ~ ~ p
z
ov ,ate
rasa
(~~uz~t~ ~~ ~.~~xx~a~.e
P.O. BOX 29800
ROANOKE, VIRGINIA 24018-0798
COUNTY ADMINISTRATOR
ELMER C. HODGE
(703) 772-2004
Ms. Kate Schefsky
8385 Bradshaw Road
Salem, VA 24153
Dear Katie:
June 28, 1993
BOARD OF SUPERVISORS
H. ODELL "FUZZY" MINNIX, CHAIRMAN
CAVE SPRING MAGISTERIAL DISTRICT
LEE B. EDDY, VICE-CHAIRMAN
WINDSOR HILLS MAGISTERIAL DISTRICT
BOB L. JOHNSON
HOLLINS MAGISTERIAL DISTRICT
EDWARD G. KOHINKE, SR.
CATAWBA MAGISTERIAL DISTRICT
HARRY C. NICKENS
VINTON MAGISTERIAL DISTRICT
(703) 772-2005
My records indicate that your term on the Roanoke Valley Resource
Authority will expire December 31, 1993.
I see no reason whatsoever for you not to be reappointed. So,
unless you decide to step down voluntarily, I plan to support your
appointment for another term.
Thanks, and keep up the good work!
EGK/bj h
cc: Board Reading File
Gardner Smith
John Hubbard
Elmer Hodge
Mary Allen
Sincerely,
Edward G. Kohinke, Sr.
Roanoke County Board of Supervisors
Catawba Magisterial District
® Recycled Paper
M E M O R A N D U M
To: Board of Supervisors
From: Elmer C. Hodge y~~ I
' ~-~ ~ ~~
Date: October 29, 1993
Subject: Replacement of Budget Director
I thought that I would let each of you know that we have chosen
a replacement for Reta Busher, who was our Management and Budget
Director. We have promoted Brent Robertson, who was Reta's
Financial Analyst for the past three years. Brent's title will be
Budget Manager rather than Management and Budget Director because we
are placing the budgetary function under Diane Hyatt, Director of
Finance.
Brent is very familiar with the operation and has been involved
in the improvements that have been made in the budgetary process.
He has worked with many of the departments and has often been
praised for his ability to work with people. He is a CPA. I am
sure Brent will do very well in this new function.
In addition, we have hired Andrew Glenn to fill the vacated
position that Brent occupied. "Drew" has been with the Virginia
Tech budget department for the last four years and was with the
Fairfax County finance department for several years prior to that
time. He and his family live in the Oak Grove area of Roanoke
County.
Drew comes to work on November 15, and we will introduce him
and Brent to the Board at your meeting on the 16th.
In placing the budgetary function in the Finance Department, we
hope to improve the coordination of information that has to be used
in both functions. It is also a recognition of Diane Hyatt's
capabilities as Finance Director.
cc - Ms. Diane D. Hyatt
Ms. Mary H. Allen
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COUNTY ADMINISTRATOR
ELMER C. HODGE
(703) 772-2004
September 8, 1993
Rev. Laney Mofield, Associate Minister
Colonial Avenue Baptist Church o
4165 Colonial Avenue, S.W. ~ ~ ~ o
Roanoke, VA 24018 ~~
Dear Reverend Mofield:
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BOARDOF SUPERVISORS
H. ODELL FUZZY MINNIX, CHAIRMAN
CAVE SPRING MAGISTERIAL DISTRICT
LEE B. EDDY, VICE-CHAIRMAN
WINDSOR HILL MAGISTERIAL DISTRICT
BOB L. JOHNSON
HOWNS MAGISTERIAL DISTRICT
EDWARD G. KOHINKE, SR.
CATAWBA MAGISTERIAL DISTRICT
HARRY C. NICKENS
VINTON MAGISTERIAL DISTRICT
(703) 772-2005
The Roanoke County Board of Supervisors begins each board meeting
with an invocation given by a minister from the community.
We would like to invite you to present the invocation on Tuesday,
November 16, 1993, at 3:00 p.m. If you are unable to do this, and
your church has an associate minister, we would be pleased to
extend the invitation to him or her.
The board meetings are held the second and fourth Tuesdays of the
month at the Roanoke County Administration Center, 3738 Brambleton
Avenue, in the Community Room. The invocation is always given at
3 p.m. and I am attaching a list of the 1991 meeting dates for your
information.
If the date. requested above is not convenient, please call me at
772-2005. I will be calling you soon to see if this time is
acceptable to you or if you would prefer another date.
The Board members are aware of how busy your schedule is, and they
appreciate your volunteering your time to offer God's blessing at
their meetings.
Sincerely,
Brenda J. Holton, Deputy Clerk
Roanoke County Board of Supervisors
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OFFICE OF DIVISION SUPERINTENDENT
ROANOKE COUNTY SCHOOLS
526 SOUTH COLLEGE AVENUE
SALEM, VIRGINIA 24153
November 2, 1993
Mary,
Enclosed is information on an item for your November 16 agenda.
If necessary, Mr. Wymer will attend the meeting.
Thanks,
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c: Diane Hyatt (Diane, will you let Mr. Wymer know if he needs
to attend--387-6470. Thanks, rcw)
Paul Mahoney
Cliff Craig
RE: Agenda Item for November 16 meeting
ECH would like the following item on the 11/16 agenda: Execution of the Sewage 1Yeatment
Plant Agreement with the City of Roanoke.
Let me know if there are any problems with this.
Mary Allen
10/22/93
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MEMORANDUM
TO: Elmer C. Hodge, County Administrator
FROM: Clifford Craig, Utility Director `
DATE: October 28, 1993
SUBJECT: Sewer Agreement
Attached are copies of letters sent our partners in the Sewage
Treatment Project.
We received the final figures for the appendix to the agreement
from FPS on October 3, 1993. These figures were included in the
draft and Hand Delivered with the above letters.
I have not had a~ comments from anyone relative to the letter.
We ARE NOT HOLDING UP THE PROCESS. I will have this unagreed to
agreement on our November 16, 1993 Agenda.
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Attachments
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UTILITY DEPARTMENT
October 4, 1993
Mr. Kit Kiser
Director of Utilities & Operations
Room 354 Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
Dear Mr. Kiser:
Attached is a draft of the Sewer Contract that I have sent to all
parties for review.
The underline has been removed and a clean document provided so as
to remove confusion.
Most of your previous comments have been incorporated. The Capital
Outlay from Revenue is added with some suggested changes.. The I/I
distribution for joint-use sewer lines is added on page 21.
The Appendix A is added to reflect the allocation of capacity and
cost as currently negotiated. The Appendix can be expanded to
cover additional points that other may desire.
I suggest we all get together next week to discuss. and agree on
final "staff" language for the contract. Please let me know when
you would be ready for such a meeting.
If you have any questions or need additional clarification of the
above information, call me.
Sincerely,
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Cliffor Craig, i~.E.
Utility Director
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UTILITY DEPARTMENT
October 4, 1993
Mr. Gerald Burgess
County of Botetourt
1 West Main St., Box 1
Fincastle, VA 24090
Dear Mr. Burgess:
Attached are two copies of the proposed sewer contract.
F~
I suggest we all meet with the City of Roanoke sometime next week
to iron out a final "staff" agreement to the wording of this
contract.
All underline areas have been removed to start with a fresh look
with this writing. .Most of the City of Roanoke's prior comments
are incorporated ~in this October 1, 1993 draft.
The "approved" has been left by the City language for sewer outside
the area. Since this only applies to Botetourt and since their.
definition of "area" already includes any part of the County they
determine can be pumped, I do not think we should argue about the
"approved by" language.
The 0.5 MGD I/I has been left as suggested by Kit. Stewart said
this was high for the new interceptors. However, this 0.5 MGD I/I
is for all joint-use interceptors and lines and appears to be very
reasonable.
The City language has been modified for the suggested Capital
outlay From Revenue on page 19. I have placed restrictions on the
time they can recover the cost as well as adding some language to
prevent them from doing $10,000,000 capital near the end of the
contract period and collecting it from other parties over a short
period of time.
Appendix A has been added to reflect the allocation of capacity as
currently negotiated. It also provides for funding-of the design
and construction for the negotiated improvements.
1206 KESSLER MILL ROAD • SALEM, VIRGINIA 24153 • (703) 387-6104
® Printed on Recyded Paper
Mr. Gerald Burgess
Page Two
October 4, 1993
I am also providing the City of Roanoke with this draft. Please
let me know. if we can all meet next week to discuss differences.
If you have any questions or need additional clarification of the
above information, call me.
Sincerely,
Clifford Craig, P,E,
Utility Director
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Attachments
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UTILITY DEPARTMENT
October 4, 1993
F,~~
Mr. Bob Benninger
Town of Vinton
P. O. Box 338
Vinton, VA 24179
Dear Mr. Benninger:
Attached are two copies of the proposed sewer contract.
I suggest we all meet with the City of Roanoke sometime next week
to iron out a final "staff" agreement to the wording of this
contract. -
All underline areas have been removed to start with a fresh look
with this writing. Most of the City of Roanoke's prior comments
are incorporated in this October 1, 1993 draft.
The "approved" has been left by the City language for sewer outside
the area. Since this only applies to Botetourt and since their
definition of "area" already includes any part of the County they
determine can be pumped, I do not think we should argue about the
"approved by" language.
The 0.5 MGD I/I has been left as suggested by Kit. Stewart said
this was high for the new interceptors. However, this 0.5 MGD I/I
is for all joint-use interceptors and lines and appears to be very
reasonable.
The City language has been modified for the suggested Capital
Outlay From Revenue on page 19. I have placed restrictions on the
time they can recover the cost as well as adding some language to
prevent them from doing $10,000,000 capital near the end of the
contract period and collecting it from other parties over a short
period of time:
Appendix A has been added to reflect the allocation of capacity as
currently negotiated. It also provides for funding--of the design
and construction for the negotiated improvements.
1206 KESSLER MILL ROAD • SALEM, VIRGINIA 24153 • (703) 387-6104
® Printed on Recyded Paper
r
Mr. Bob Benninger
Page Two
October 4, 1993
I am also providing the City of Roanoke with this draft. Please
let me know-if we can all meet next week to discuss differences.
If you have any questions or need additional clarification of the
above information, call me.
Sincerely,
Clifford raig, P.E.
Utility Director
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Attachments
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UTILITY DEPARTMENT
October 4, 1993
Mr. Randy Smith
City of Salem
P. O. Box 869
Salem, VA 24153
Dear Mr. Smith:
~~ ~~
Attached are two. copies of the proposed sewer contract. -
I suggest we all meet with the City of Roanoke sometime next week
to iron out a final "staff" agreement to the wording of this
contract.
All underline areas have been removed to start with a fresh look
with this writing. Most of the City of Roanoke's prior comments
are incorporated in this October 1, 1993 draft.
The "approved" has been left by the City language for sewer outside
the area. Since this only applies to Botetourt and since their
definition of "area" already includes any part of the County they
determine can be pumped, I do not think we should argue about the
"approved by" language. _
The 0.5 MGD I/I has been left as suggested by Kit. Stewart said
this was high for the new interceptors. However, this 0.5 MGD I/I
is for all joint-use interceptors and lines and appears to be very
reasonable.
The City language has been modified for the suggested Capital
Outlay From Revenue on page 19. I have placed restrictions on the
time they can recover the cost as well as adding some language to
prevent them from doing $10,000,000 capital near the end of the
contract period and collecting it from other parties over a short
period of time.
Appendix A has been added to reflect the allocation of capacity as
currently negotiated. It also provides for funding--of the design
and construction for the negotiated improvements.
1206 KESSLER MILL ROAD • SALEM, VIRGINIA 24153 • (703) 387-6104
® Printed on Recyded Paper
Mr. Randy Smith
Page Two
October 4, 1993
I am also providing the City of Roanoke with this draft. Please
let me know if we can all meet next week to discuss differences.
If you have any questions or need additional clarification of the
above information, call me.
Sincerely,
r
Clifford raig, P.E.
Utility Director
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Attachments
Draft 1
THIS CONTRACT, made and entered into this the day
of Nineteen Hundred ,by and
between the CITY OF ROANOKE, party of the first part and
hereinafter referred to as the "City" ; and the COUNTY OF BOTETOURT,
party of the second part, and the COUNTY OF ROANOKE, party of the
third part; and the CITY OF SALEM, party of the fourth part; and
the TOWN OF VINTON, part of the fifth part; (all parties being
political subdivisions of the Commonwealth of Virginia);
W I T N E S S E T H:
WHEREAS, the City of Roanoke operates within and without
its boundaries, a sewage treatment plant facility with a system of
interceptors leading therefrom to portions of the City's corporate
limits and, at places, to points beyond said corporate limits,
which said plant and system is capable of treating wastes which
otherwise and at times heretofore have been discharged into the
waters of Roanoke River and its tributaries; and
WHEREAS, the parties to this contract represent the
citizens of the Roanoke Valley and its outlying area; and
WHEREAS, it is the desire of the citizens to protect the
health and well-being of the community and its environment, and to
dispose of the waste by-products of the community in a safe and
efficient manner sharing costs and benefits fairly; and
WHEREAS, a previous contract was executed between the
City of Roanoke and with the other parties to the agreement to
govern the provisions for transmission and treatment of the sewage
effluent; and
WHEREAS, the City of Roanoke is agreeable that its said
treatment plant and system of interceptors serve as a regional
facility and entered into contracts with other governing bodies in
said areas to accept, transport and treat certain of the sewage and
wastes originating in areas outside said City's corporate limits;
and
WHEREAS, it is necessary to upgrade and expand the
present regional sewage treatment plant and incoming interceptors
and the parties to the agreement wish to arrange for the capital
funding to be shared, along with establishment of the necessary
relationships between the parties for the operation, maintenance,
capacity allocation, and future needs of the City's regional sewage
treatment plant and its associated facilities; and
WHEREAS, the other parties desire that the City receive
the normal wastes originating within the AREAS hereinafter defined
and transport the same to , and treat such wastes at, its sewage
treatment plant, to the end that no untreated or improperly treated
wastes from said AREAS be discharged into the streams, or elsewhere
within said AREAS, and
WHEREAS, in the judgment of the parties to this contract,
the transportation to and the treatment of such wastes originating
in the AREAS, at the City's sewage treatment plant will be to the
advantage of all parties to this agreement.
THEREFORE, FOR AND IN CONSIDERATION of the premises and
of the covenants and obligations herein contained, the parties
hereto covenant and agree, one with the other, as follows:
I. DEFINITIONS:
The parties hereto
items and abbreviations as used
following defined meanings:
agree that the following words,
in this contract shall have the
A. AREA: Botetourt County:
All of the area or territory of Botetourt
County, Virginia, situate within the natural drainage basin of the
Roanoke River and its tributaries and including the territory of
the Town of Troutville, and its environs along with associated
regions of the County whose drainage may be pumped into the Roanoke
River basin as determined in the judgment of Botetourt County;
AREA: Roanoke County:
All of the unincorporated area or territory of
Roanoke County, Virginia not assigned as the service area of the
Town of Vinton.
AREA: City of Salem:
All of the incorporated area or territory of
the City of Salem, Virginia.
AREA: Town of Vinton:
All of the incorporated area or territory of
the Town of Vinton including those portions of Eastern Roanoke
County that are assigned as the service of the Town of Vinton.
B. City: The City of Roanoke, Virginia.
C. b.o.d. or b.o.d. content: the quantity of
oxygen utilized in the biochemical oxidation of organic fatter
under standard laboratory procedure in five days at 20 C.,
expressed in parts per million by weight.
D. p.p.m.: parts per million.
E. pH: the logarithm of the reciprocal of the
weight of hydrogen ions in grams per liter of solution; a
stabilized pH will be considered as one which does not change
beyond the specified limits when the waste is subjected to
aeration.
2
F. Suspended solids: solids that either float on
the surface of, or are in suspension in water, sewage, or other
liquids, and which are removable by laboratory filtering.
G. Normal wastes or normal sewage: liquid waste
with a strength content not exceeding 300 p.p.m. b.o.d. nor 300
p.p.m. suspended solids, except those materials expressly excluded
in Paragraph III. A., infra.
H. Industrial wastes: liquid waste, other than
normal sewage which exceeds 300 p.p.m. b.o.d. or 300 p.p.m.
suspended solids.
I. Person: any individual, firm, company,
association or corporation, including public agencies.
J. Other parties: Botetourt County, Roanoke
County, City of Salem, Town of Vinton.
II. SCOPE:
A. This contract, as the AREAS are herein defined,
may apply to the area or territory of any incorporated town or
unincorporated town in said AREA.
It is agreed and understood that the City has
and reserves the right to enter into separate contracts or
agreement with persons, firms or corporations, private or
governmental, in the AREAS hereinabove described for the purpose of
collecting and receiving wastes for treatment, should the other
parties be unwilling or unable to provide such service and so
signify in writing to the City.
B. The other parties agree to deliver all of the
normal wastes and acceptable industrial wastes originating within
the AREAS to any existing or subsequently installed sewer line
therein to an existing or subsequently installed intercepting sewer
with adequate capacity. The other parties shall provide the city
with data and information sufficient to enable the City to evaluate
the circumstances and requirements of every flow proposed for
delivery to the City at any point. The data and information shall
be complete, accurate and projected for future conditions. Should
the other parties' data and information subsequently be found
inaccurate or should the characteristics, extent or circumstance of
flow be found at difference with such representations, the City may
require and the other parties shall act to limit or control such
delivery to conformance with the data and information theretofore
provided. The City shall be obligated to receive flow from the
other parties in quantity only to the allocated design capacity of
the City's sewer lines receiving such flow and to the allocated
design capacity of its treatment plant. Each party shall have the
right to evaluate the capacities of the sewer lines in the City.
3
In cases of dispute over line capacity, engineers of the City and
engineers of the other parties as interested and required together
with another third mutually acceptable engineer, if necessary,
shall resolve the question in dispute.
The delivery points to the City shall be determined by
reasonable criteria established by the City, and any questions of
dispute resolved as above.
The City agrees to accept, at said point or points, all
of the normal wastes and acceptable industrial wastes from the
AREAS and to transport the same therefrom, through its interceptor
line or lines, to its sewage treatment plant, and to accept and
treat all such wastes in its treatment plant to the same extent and
degree that it shall accept and treat wastes originating within the
City, at its said treatment plant; and such treatment shall be the
exclusive responsibility of the City. No such acceptable sewage or
acceptable waste discharges shall be made from within the AREAS
directly or indirectly to a stream except as may be permitted from
time to time by the Virginia Department of Environmental Quality.
All acceptable wastes treated at the City treatment plant,
including wastes originating in the AREAS, shall be the property of
the City.
C. The sewerage system and all facilities
necessary for the collection of wastes within the AREAS
hereinbefore described shall be provided and maintained by the
other parties in the agreement to the several points of delivery of
wastes from said AREAS without cost to the City, except as
otherwise expressly provided in this agreement.
All wastes from the AREAS which are delivered or
transmitted to the sewer lines of the City and/or the City's
treatment plant shall be continuously metered by recording flow
meters for the purpose of accurate measurement and recordation of
volume discharges, such meter or meters to be installed by the
other parties at reasonable locations at or immediately near their
boundary lines. Should the other parties connect, by their
interceptor or interceptors, to an interceptor or interceptors of
the City at or near the other parties' boundaries, then a meter
shall be installed at each point of connection for determination of
flows received by the City. Should the other parties, as an
alternative arrangement, extend by interceptor or interceptors from
their boundaries directly to connect with the City's sewer lines at
the City's boundaries, then the above meter or meters shall be
provided at the other parties' boundaries and a determination as to
the requirement of a meter or meters at the connections to the
lines within the City's boundaries shall be made at a later time,
dependent upon the progress of connections.
4
Should, the other parties, as a further alternate,
transmit wastes from their AREAS by transmission lines or
facilities external to this contract by arrangement satisfactorily
made between all parties concerned and consistent with existing
related contractual agreements of the City, then the metering,
sampling and other installations at the boundaries, of the other
parties as above mentioned shall be provided by the other parties,
for measurement of wastes transmitted from their AREAS.
Where meters are inadequate in operation or performance
or are determined by the City to be inadequate in size, the City
may replace, or direct the other party(s) to replace, such meters
with satisfactory meters. At each new point of delivery to the
City and at each present point of delivery of wastes to the City
where a recording flow meter is not now installed or, being
installed, is inadequate in size, operation or performance, the
City may, or may request the other party(s) to procure, install,
operate and maintain adequate recording flow meters and any
necessary related facilities at or near the point of connection of
the other party(s) sewer line with the City sewer line. Upon being
billed by the City, the other party(s) shall reimburse the City for
any expense incurred by the City in purchasing, providing,
installing and maintaining each said meter and necessary related
equipment. In event of termination of this contract or in event of
discontinuance of the use of any sewer lines of the other parties
affected hereby, any meter or meters relating thereto will be the
property of the other party within whose area the City has placed
a meter or meters.
It is recognized that in order to meter sewage flow in a
line there must be a sufficient quantity consistently in the line
for the metering device to register accurately and that there may
be locations where the number of connections to the line and
subsequent sewage flows would render metering impractical. If the
service area of any line is of such characteristic that the
operation and functioning of metering equipment would be
impractical, flow quantities in such line shall be determined in
such other manner as may be agreed upon between the parties hereto;
determination of flow quantities to take into consideration and
allow for infiltration and other factors known or reasonably
expected to exist. If the service area characteristics change for
any such line so as to render metering practical, a meter shall be
installed in accordance with the provisions of the preceding
paragraph.
As of the first working day of the month, or as close
thereto as practical, immediately following the commencement of
transmission of wastes from the AREA to the City, and monthly
thereafter, the City shall read all meters recording flow from the
AREA to the City. Such meter readings, plus the calculated sewage
flow of any then un-metered lines, shall be the basis of charges
made to the other parties under Paragraph IV of this contract.
5
Should weather conditions, malfunctioning of meter or other
circumstances beyond immediate remedy by the City reasonably
prohibit the City from a regular reading of a meter, then the
sewage flow through such line for the particular month shall be the
average of the sewage flow for the three consecutive preceding
months with similar rainfall wherein actual sewage flows were
recorded. Records of metered and calculated sewage flow, obtained
and maintained by the City, shall be reported to the other parties
and such records shall be available for inspection by the other
parties during all normal business hours.
The City may or, at the City's request to one of the
other parties made in writing, the other party so requested shall
provide, install and maintain a by-pass connection around each such
meter, for emergency use only, by the City; and the City may or, at
the City's request to such other party made in writing, that other
party shall provide, install and maintain manually or automatically
operated facilities for taking samples at each said metering place
or at any point of delivery of that party's wastes; and that party
shall reimburse the City for any expense incurred by the City in
installing all such by-pass connections and sampling facilities,
upon being billed therefore by the City.
All charges or expenses billed by the City to the other
parties under this Section C shall be based on then current
reasonable costs of standard equipment, and installation and
maintenance thereof. In cases of dispute as to equipment
requirements or costs thereof, the same shall be resolved as
provided for disputes in Paragraph II. B.
D. It is expressly understood and agreed between
the parties hereto that the City, by this contract, undertakes and
obligates itself to treat wastes originating within the AREAS only,
and that the charges hereinafter provided for are charges intended
to be made to the other parties for services rendered the AREAS as
a unit. Accordingly, the other parties hereby covenant and agree
that they will not, without prior approval of the City expressed in
the form of a resolution or resolutions of its governing body,
deliver to the City under the terms and at the charges provided for
in this contract any wastes originating outside the limits of the
AREAS defined previously.
III. CHARACTER OF WASTES:
A. The character of wastes delivered by the other
parties and accepted by the City, under this contract, shall
consist only of normal sewage, except as hereinafter provided. The
other parties, therefore, especially covenant and agree that the
AREAS' wastes, as delivered to the City's sewer lines, shall not
contain elements as outlined in the City Code current at the time
of any consideration which are harmful to the sewage treatment
plant or containing any elements or concentrations in contradiction
6
to any State or Federal regulation. Nor shall such wastes contain
introduced storm or surface waters. The City agrees to notify the
other parties of any changes in its Code in this regard. All
parties agree that they will neither permit nor allow nor permit to
continue to exist any connection for rain or foundation drains or
for storm or surface water disposal to be made to the sanitary
sewer system, nor any other connection to said sanitary sewer
system which allows rain, storm and surface waters to be introduced
into said system, within their service AREAS or to their sewer
lines. Should it become evident that the other parties are
delivering to the City's intercepting sewer system materials
excluded by this contract, the City, through its City manager,
shall notify the offending party(s) by registered mail with return
receipt, through the chief administrative officer, of such fact,
and, upon being so notified, the other party(s) covenants and
agrees to forthwith eliminate delivery of such objectionable
material. Should it become evident that the other party(s) is
delivering to the City's sewer lines any such excluded materials,
and has been notified of such fact, and has not promptly eliminated
delivery of such objectionable materials then, and in such event,
the City shall have the right to forthwith take such action as
necessary to secure compliance with this contract, in whole or to
the extent of such offending AREA. The offending party(s) shall be
liable to the City for any damage resulting to the City's sewer
lines, treatment plant or treatment process agreed or shown to have
been caused by the offending party(s) delivery to the City of any
such excluded or objectionable material.
The City covenants and agrees that such limitations or
restrictions on character of wastes, as hereinabove prescribed,
shall also be applicable to wastes collected by the City with its
sewage system and delivered to the treatment plant.
B. The strength of normal wastes delivered by the
other parties for treatment by the City at the base rate of charges
set out in Section IV. B., infra, shall, at no time and at no
point of delivery to the City, or to others for delivery to the
City, have a b.o.d. that exceeds 300 p.p.m., or a suspended solids
content that exceeds 300 p.p.m., at any point of delivery to the
City's intercepting sewer. Wastes of strengths exceeding the
aforesaid limits shall be subject to charges as provided in
Paragraph C. of this section and in Paragraph IV. E., infra, and
the other parties covenant and agree to take whatever measures are
necessary to keep the strength of their wastes below the above
stated maximums. The parties hereto expressly agree that the
limitations may be extended or enlarged should the City, as the
owner and operator of the sewage treatment plant, be required to
upgrade the sewage treatment process or be hereafter ordered or
compelled by higher authority to increase the quality of effluent
discharged by its treatment plant into the waters of Roanoke River,
and should the City apply and enforce the same limitations on the
strength or quality of wastes permitted to be introduced into its
7
sewer system within the corporate limits of the City.
C. The City may accept at any point of delivery
for transmission and treatment as its sewage treatment plant,
certain industrial wastes under the provisions of the City's Sewer
Use Ordinance and the industrial pre-treatment agreements made by
the parties to this contract, other than those materials
specifically excluded in Paragraph A., hereinabove, with strength
exceeding normal sewage. Such wastes shall not exceed an absolute
maximum of 1,000 p.p.m. b.o.d. or 1,000 p.p.m. suspended solids or
such other concentrations that would be contrary to the then
prevailing City Sewer Use Ordinance. The other parties shall pay
to the City an amount sufficient to cover the additional expense of
handling such wastes, beyond the base rate cost for normal sewage,
as provided in Paragraph IV., infra.
D. The other parties expressly covenant and agree
to adopt, maintain and enforce within the AREAS hereinabove
provided compulsory ordinances, no less regulatory or restrictive
than ordinances effective within the City, regulating, limiting or
prohibiting the introduction into the sewer distribution or
collector lines in said AREAS of excluded or objectionable
substances, matter or materials, either as to quality or quantity
thereof.
IV. CHARGES FOR SEWAGE TRANSMISSION AND TREATMENT
SERVICE:
The other parties agree to pay the City the following
charges for transmitting and treating all normal wastes of the
AREAS of the kind, strength, b.o.d. and suspended solids content
herein contemplated, delivered to the City from the AREAS such
wastes to be measured at each point of delivery from the AREAS as
heretofore provided; no part of which charges shall constitute or
create an equity of the other parties in the value of the City's
sewage treatment plant or sewage system; although capacity is
allocated as set forth herein.
A. The annual charges for transmission and
treatment of waste from the AREAS shall be set for the period July
1 - June 30 each year. The base rate of the monthly charge to the
other parties for wastes from their respective AREAS by the City
per one million gallons of such wastes accepted by the City for
transmission and treatment shall be determined by the method set
out in Sections B., C., D. and E., next following.
B. On the first day of July next following
commencement of delivery of wastes from each AREA and on July 1st
of each year thereafter, the base rate of monthly charge to the
other party per one million gallons, for each succeeding 12-month
period during the term of this contract for accepting, transporting
and treating normal wastes from said AREA shall be the amount of
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the total cost to the City, as hereinafter set out, for all sewage
transmission and treatment for the year divided by the average
annual total sewage flow in million of gallons of all sewage or
wastes treated by the City's sewage treatment plant over the
previous three year period, as recorded at said treatment plant.
The phrase "total cost to the City" as employed herein, is hereby
defined to be the sum of:
1. All expenses of the City for its
ownership, operation and maintenance of its regional sewage
treatment plant and facilities and of all its jointly used
interceptor and trunk line sewers, including payment of debt and
the interest thereon for the current debt which expires in the year
2002 and Capital Outlay from Revenue;
2. Plus or minus an annual increment equal to
the average percentage increase or decrease, respectively, of the
items enumerated in Paragraph 1., immediately preceding, for the
two years immediately preceding;
3. Plus, for each of the years during which
the Other Party delivers wastes to the City under this contract
through the year 2002 the sum of $129,740.45, which said sum
represents one-thirtieth, (1/30), of the value, as of July 1, 1971,
of the City's sewage treatment plant and immediately related
facilities and of those sewer interceptor and trunk lines which
will be jointly used by the parties hereto for transmission of both
City wastes, and that of the other party, less the bonded
indebtedness of the City outstanding July 1, 1971, against said
plant, facilities and lines;
the sum of 1.,2., and 3., above, to be divided, as aforesaid, by
the average sewage flow in millions of gallons of all sewage or
wastes into the City's sewage treatment plant, recorded at said
treatment plant for the preceding 36-month period expressed in
average annual flow.
C. 1. The parties to this Agreement hereby agree
to apply all treatment surcharge costs collected within their Areas
and surcharge collected as set forth in Section 3C and 4E of this
Contract to the cost of treatment at the plant. The surcharge
costs shall be excluded from the sum of the total cost to the City
as defined in Item IV B. above, and shall be a separate monthly
payment to the City made as applicable by each of the other
party(s) according to their own billings and collections records.
2. For the purpose of the foregoing
determination of rate of charge the following definitions are to
apply:
9
Operation and Maintenance: Actual cost
of operation and maintenance of the City's regional sewage
treatment and joint use interceptor facilities, excluding the cost
of the City's enforcement of the industrial pretreatment program
within the City, and including the following items of cost:
personal services, stationery and office supplies, and equipment,
postage, telephone, other communications, insurance and bond
premiums, automotive, travel, supplies, fuel, electricity, water,
repairs, workmen's compensation insurance costs, management,
engineering, legal, treasury, accounting, billing, employees
retirement, hospitalization and social security as paid by the City
and miscellaneous expense; reduced by revenues received by the City
during the year from (1) the sale of waste products of said
treatment plant, and (2) the surcharge fees collected by the City
and those provided the City by the other parties.
Capital Outlay from Revenue: Capital
Outlay from revenue on the treatment plant and joint-use
interceptor facilities shall be determined annually by the City and
included as operation and maintenance costs. Expenditures for
joint-use facilities shall be those costs funded from retained
earnings and shall be used to determine the succeeding year's cost
for sewage treatment, except in those instances when any such
annual expenditures shall exceed $500,000 in 1994 dollars, adjusted
annually by the Engineering News Record Construction Cost Index for
sewage treatment facilities.
1. If these costs do exceed $500,000, the City may
elect to make an adjustment to the then prevailing rate at that
time, by recalculating the current year rate as if the
aforementioned expenditure had occurred the preceding year with the
adjusted rate calculated to recover the necessary expenditure
during the next six months. The City will give notice to the Other
Parties that this election will be made prior to the expenditure of
the funds in order that all parties can plan for the adjusted rate.
2. Capital Outlay from Revenue expenditure exceeding
$1,000,000 in 1994 dollars in any one year, adjusted by the
Engineering News Record Construction Cost Index for Sewage
Treatment Facilities, may at the City's option, be capitalized over
the life of the improvement or 10 years, at the prevailing interest
rate obtained by the City from the sale of revenue bonds plus 1% or
the prevailing 20 year Municipal Bond Rate, whichever is greater,
with the cost expressed as debt principal and interest added to the
cost calculation formula.
3. Funds expended by the City but not recovered
under the Reserve for Replacement Section of the 1972 contracts as
of June 30, 1994, shall be capitalized over a ten (10) year period
at the prevailing interest rate last obtained by the City from the
sale of revenue bonds plus 1% or the prevailing 20 year Municipal
Bond Rate, whichever is greater, and said costs distributed among
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the other parties to this contract prorata basis on flow annually
for the ten (10) year period beginning July 1, 1994.
The other Party(s) , at their option, may elect to pay their prorata
costs for item 2 and/or 3 above within 30 days of being billed for
the appropriate expenditures without incurring the aforementioned
interest.
Capital Outlay from Revenue shall only be used for; replacement of
failing facilities; or for improvements to the existing facilities
that are legally required to meet permit conditions; or
replacement/improvements that are agreed to by all parties to this
agreement. Under no circumstances shall Capital Outlay from
Revenue be used to upgrade, expand or increase capacity of the
facilities; or to extend the life of any part of the facility
beyond the life of this contract unless previously agreed to by the
parties to this agreement that will be required to pay for and gain
direct benefit from such increased capacity.
Joint-Use Facilities: The term "joint-use
facilities" and "joint-use interceptor facilities" as employed in
Section IV. Charges for Sewage Transmission and Treatment Service,
herein, shall be understood and taken to mean the City's sewage
treatment plant and immediately related treatment facilities and
all interceptor or other sewer lines and related facilities used
jointly by the City and the other party(s) in connection with the
transmission or treatment of wastes made the subject of this
contract.
Infiltration & Inflow (I&I): In order to
properly allocate infiltration and inflow quantities in joint-use
sewer lines owned by the City, an estimated quantity of 0.5 MGD
will be used for the total infiltration and inflow of all joint-use
sewer lines. In calculating the monthly sewage flow, an amount
equal to 0.5 MGD shall be deducted from the total monthly plant
flow. After the remaining flow has been distributed amoung all
parties to this agreement, the 0.5 MGD shall be distributed amoung
all parties prorata to their flow that month to obtain their total
flow for the month.
Debt: Principal payments on indebtedness,
both long-term and short-term, on the treatment plant, and on
jointly used interceptor or other joint-use sewer line facilities
existing as of this date and terminating in the year 2002.
Interest: Interest payments determined
annually on indebtedness, through the year 2002 both long-term and
short-term, on the treatment plant, and on existing joint-use
interceptor or other joint-use sewer line facilities existing as of
this date, through the year 2002 reduced by interest received by
the City during the preceding year on investment of unexpended
sewage treatment bond funds through the year 2002.
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D. In any month during any twelve-month period of
the term of this contract during which additional treatment costs
are incurred by the City due to the need for or requirement of
additional treatment or handling, either due to quality or quantity
of wastes, the charge to the other parties per million gallons for
that month shall be adjusted by addition of such additional cost to
the City.
E. Should the strength of the wastes at any point
of delivery to the City, or of delivery to others for delivery to
the City, exceed a b.o.d. of 300 p.p.m. or suspended solids of 300
p.p.m.,as determined by the City through metering and sampling,
then the offending party agrees to pay to the City until the wastes
are determined by sampling to have been reduced to within the
limits of normal wastes, a surcharge, in addition to the base
charge hereinabove provided for normal wastes, of two per cent,
(2%), of the base rate hereinabove provided, for each ten, (10),
p.p.m. of b.o.d. or suspended solids,or each fraction thereof, for
the transportation and treatment of the aforesaid wastes, within
the limits set forth in Paragraph III. C., hereinabove. The
frequency of sampling to be required or necessitated for
determination of the above such reduction shall be reasonable.
Persistent excesses may be subject to the City's regular schedule
of sampling. Intermittent excess may be subjected to special and
frequent sampling. The minimum period of time to which the
surcharge shall be applicable shall be fifteen (15) days.
F. The other party's) recognizes that it would be
unfair that the City be required to transport and treat such
wastes, for any period during the life of this contract, at a rate
that would enable the user within the AREA to pay less for such
service than that paid by the City user. Therefore, the other
party's covenant and agree that the periodic base rate charge
collected from individual users in the AREAS of the other party's)
shall at no time be less than that paid by residents of the City
for similar services.
G. The City agrees to render the other party's)
each month a bill for the proper amount owed by each of them
respectively to the City for the City's rendering of the sewage
treatment service herein contemplated, which bill the other
party(s) agree to pay within one month (30) days from the receipt
thereof.
The other parties covenant and agree that the
full amounts of any and all taxes and assessments that may be
lawfully assessed or imposed upon the City during the life of this
contract by the other parties resulting in any manner whatsoever
because of the City's being a party to this contract, shall, prior
to the payment dates, be added to such monthly bill and paid by
each of the participating parties as billed.
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H. Should any questions arise between the parties
hereto relative to the accuracy or the computation of the charges
hereinbefore provided for, then such questions shall be determined
by a majority of a committee of three, composed of the City's
Director of Finance, a designee of the governing bodies of the
questioning party and a third independent certified public
accountant, to be chosen by the foregoing two; the latter's charges
shall be borne equally by the City and the questioning party.
I. Nothing in this Section IV. and in Section
VIII., infra, shall be deemed or construed to constitute or amount
to an assumption by the other parties of any indebtedness of the
City, bonded or otherwise, or any agreement to pay any part of the
principal thereof or interest thereon to the holder of any such
debt.
V. DEBT SERVICE:
The parties to the contract agree to share the costs
of future mutually agreed upon upgrades and expansions to the
regional sewage treatment plant and joint use interceptors on the
negotiated basis. These costs will be funded as negotiated between
the parties unless otherwise provided and agreed upon. The parties
hereto expressly agree to the cost sharing formula outlined in
Appendix A for the payment of the cost of the improvements
stipulated in Appendix A of this Contract.
VI. SAMPLING OF AREA'S WASTES:
1. The City may, at such times as it elects,
sample, by any approved method, the wastes delivered it by the
other parties through the aforementioned recording meters. If it
be thereby determined that wastes having a b.o.d. or suspended
solids content greater than 3 00 p . p . m. or that industrial wastes or
materials excluded by Paragraph III. A., supra, are being so
delivered to the City for transportation and treatment, then, and
in any such event, the City, at its option, may:
A. Cause the offending party to forthwith
discontinue the delivery of any such industrial wastes or excluded
materials and/or to reduce the strength and suspended solids
content of such wastes so that the strength and suspended solids
content thereof will conform with the provisions of Paragraph III.
B., supra;
B. Require the offending party to pay such
additional charge for the treatment of such wastes, as are provided
for hereunder. Such imposition of charge may be retroactive over
a determined period wherein the violation of this contract
occurred. Any action of the offending party of payment or
payments, retroactive or otherwise, shall not within itself
constitute reason for continuation beyond any point in time of the
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delivery of wastes contrary to this contract. The acceptance by
the City of any payment or payments for any instance of wastes
contrary to this contract shall not be construed as agreement by
the City to vary from the terms of this contract; or
C. Take such action as necessary to secure
compliance with this contract in accordance with procedure
described in Paragraph III. A., supra.
2. The City in the presence of the respective
party shall have the right to sample and/or measure the quantity of
the wastes delivered into the sewer lines of that party by any
individual, firm or corporation and, on request, the party in
question shall arrange for and accompany any authorized
representative of the City desiring to take such sample or measure;
or, should the City so request in writing, the other party(s) will
take sample or measure of the wastes of any such individual, firm
or corporation designated or requested by the City and deliver such
sample or the certified analysis thereof to the City.
VII. MISCELLANEOUS PROVISIONS:
A. All parties to this agreement covenant and
agree that all sanitary sewer systems and all additions thereto and
extensions thereof heretofore or hereafter installed within each
respective AREA shall conform in all regards to not less than the
standards of the State Health Department and limitations and
directives of the Virginia Department of Environmental Quality.
VIII. SEWER LINES:
A. PREAMBLE:
1. The intent and purpose of this section of
this contract is to establish an equitable and functional basis for
the provision of sewer lines necessary for the transportation of
sewage wastes from and through the AREAS of the other parties to
the point or points of treatment. The difficulty is recognized of
establishing a basis in such detail as would be precisely
applicable to each and every circumstance as may occur during the
term of this contract. Therefore, in all instances wherein the
provisions of this section can apply, it is covenanted and agreed
that they shall be adhered to, but, where circumstances beyond the
anticipation or detail of these provisions are encountered, then
the provisions contained herein shall control to the greatest
extent practical and such further conditions as may be necessary to
be employed shall be determined by the parties hereto.
2. It is the further intent of this section
that none of the parties of this contract shall act in an
unreasonable manner so as to deter a recognizable need of the other
to obtain orderly means of transporting sewage wastes, as defined
14
under this contract, to the point of treatment. Each party hereto
has, and is anticipated to continue to have, a schedule or program
of major sewer line requirements and financing capabilities or
projections pertaining thereto. Such schedules or programs shall
be coordinated to the greatest extent possible between the parties,
for the purposes of assuring mutual abilities to perform under this
section and for avoiding the need of the transportation
requirements of one party constituting an unexpected or unprepared
call or demand upon the other.
3. An overall objective of the provisions of
this section and of their application is that the design,
construction and location of sewer lines shall be such as to
anticipate, to the extent that can be reasonably determined, the
maximum or ultimate volume, based on existing and potential
development, of sewage wastes that will be required to be
transported from or through the AREAS of the other parties.
B. SEWER LINE CONSTRUCTION:
1. Construction by City:
(a) The City shall design, construct,
operate and maintain all sewer lines within the City. The City
may, at its discretion, design, construct, own, operate and
maintain sewage transportation facilities within the other parties
wherein the location of such facilities in those areas is deemed
necessary or practical for proper extension or connection between
two nearby points within the City. Such lines may be joint-use
with the other party consistent with other provisions of this
contract. Prior to such construction in the other party, plans of
design and location shall be submitted for approval by the City to
the involved party, which approval shall not be unreasonably
withheld. The City shall cause to be obtained requisite permanent
easements in which to construct, operate and maintain any such
installation in the involved party.
When either party anticipates
construction of any new or relief transportation facilities which
could potentially be useable by the other party, said first party
shall advise the other and invite participation in the design and
construction. The said first party shall apply for any applicable
State or Federal grant monies, with concurrence and support from
the involved party. The local share of all capital costs of design,
construction, reconstruction, enlargement or replacement shall be
borne by both parties on a ratio equal to the percentage of design
flow in the new facilities, as shall be mutually agreed upon.
(b) The City may construct, own, operate
and maintain sewer lines within the other parties for the
transportation of sewage received by the City under arrangements
other than this contract, should the other party be unable or
15
unwilling to provide such service and so signify in writing to the
City. Subject to the limitations stated in this contract, the City
shall have the right to enter into separate contracts with persons,
firms or corporations, private or governmental, for receiving,
transporting and treating sewage wastes from geographical sections
or locations adjacent to or beyond the City. However, the City
shall not construct duplicating or competitive lines in any portion
of another party's AREA then actively supplied with sewage
transmission service by that party. Construction of any such line
in the AREA of another party shall be coordinated so as to make any
such sewer line available for use by that party under the joint-use
provisions of this contract. The City may construct sewer lines
for transporting and treating wastes from property owned by the
City predominantly for public use beyond its corporate boundaries.
(c) Should the City enter into separate
agreement with another governmental subdivision, or other
governmental agency by providing City owned capacity, for the
transportation and treatment of sewage wastes, then any sewer lines
constructed by either party to this contract under this section
which may be used or of use in the City's transportation of wastes
from that other governmental subdivision or agency shall be
designed, constructed and located as to permit the use of such line
by all involved parties to this contract, should the other(s) so
desire, and a proportionate division of the costs of designing and
constructing such line shall reflect all such parties' designed use
of such line.
2. Construction by the Other Parties:
(a) The other parties shall construct or
cause to be constructed without cost to the City all sewer lines
within their own AREA which are designed for the sole use of their
own AREA and which are deemed necessary to be constructed for the
purpose of collecting and transmitting wastes in their own AREA for
delivery to the City for treatment.
(b) The other parties may, singly or
jointly, in their discretion, construct, own, operate and maintain
sewer lines within the City wherein the location of such lines
within the City is deemed necessary or practical for the proper
extension to or connection between two nearby points within the
AREA or AREAS to be served. Prior to such construction, plans of
design and location shall be submitted for approval to the City
manager, which approval shall not be unreasonably withheld. For
such sewer lines, the party or parties that wish to construct,
covenant and agree that they will cause to be obtained requisite
permanent easements in which to construct, operate and maintain any
such installations.
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(c) In the event the other parties shall,
within their respective programs of major sewer line requirements,
as cited in Paragraph VIII. A. 2., supra, seek the construction or
enlargement of a sewer line within the City to extend to the City's
treatment plant or to a point of connection with another line of
the City, and the City shall decline to construct or participate in
said line upon and after reasonable written notice from the
party(s) wishing to construct, then the party(s) wishing to
construct may proceed with the construction of said line within the
City, assuming all acquisition of easements and rights-of-way and
all costs of said line and all maintenance thereof; provided, no
such main or interceptor line shall be used to serve property
located within the City except upon approval of the governing body
of the City expressed by resolution. The City shall not unduly act
to restrict the ability of the other party(s)to proceed hereunder.
Should the City, subsequent to construction, to use any portion of
the line, such request shall be handled pursuant to Paragraph VIII.
B. 3. (e), infra. The governing body of the constructing party
shall approve and concur in any notice given the City of intent to
construct such line or lines as are referred to in this paragraph.
3. Construction - Generally:
(a) Construction by any and all parties
hereto of sewer lines shall conform to no less strict requirements
than standard specifications of the Virginia Department of Health.
(b) It is covenanted and agreed by the
parties hereto that each shall have established and shall maintain
in effect adequate land development regulations, including zoning
control and subdivision regulations, to assure the reliability and
stability of determinations made under this section for the design,
location and allocation of capacity of sewer lines.
(c) Consistent with the intent of the
Preamble to this section, in the course of planning and/or prior to
the construction by any party hereto of interceptor or outfall
sewer lines, coordination shall be effected between the parties to
determine the extent to which joint use is practical, feasible
and/or necessary, based upon then existing or future requirements.
Where practical, feasible and/or necessary, joint-use sewer lines
shall be constructed. Design criteria shall anticipate fully the
projected requirements of the AREA or AREAS which would be served
by the construction, as defined in this section. Such joint-use
lines and related facilities shall be financed as provided in this
section.
(d) For the purpose of determining design
of joint-use sewer lines to be constructed by any of the parties to
this agreement, the party interested in joint use shall submit to
the jurisdiction undertaking construction, data and information to
support the requested design capacity or to provide a sound
17
evaluation of the capacity requirements projected for the area to
be, or which might ultimately be served by the sewer line. The
City shall make available to the constructing party, data and
information pertinent to the City in planning and design of joint-
use sewer lines within the City.
(e) In the event of construction, after
the date of this contract, of an interceptor or outfall line by one
party to this contract, which such line is not designed for joint
use, either because joint use was not anticipated or because the
other party failed or declined to participate in the cost of
construction as provided above, the other party may be allowed the
temporary use of excess or unused capacity of the line. Each party
agrees and covenants that such permission shall be granted until
such time as the excess or unused capacity is required for use by
the party financing the cost of construction. A notice of not less
than eighteen months shall be given to the party using the excess
capacity during which time this party will make the necessary
arrangements for discontinuing the use of the facility and shall
provide for other methods consistent with the intent and provisions
of this contract for transportation and disposal of its sewage
contributions. During the period of such temporary usage, the
party using the excess capacity shall agree to the payment to the
other party, on a prorata determination based on usage to total
actual usage, of an amount being the total of the annual cost of
operation and maintenance of the line plus
the initial construction cost of the line, adjusted to the then
current date by standard engineering indexes and amortized over a
period of twenty, (20), years.
In the event of construction, after the
date of this contract, of an interceptor or outfall line jointly by
both parties of this contract and there should follow after
construction, a request from a third party for the use of such
line, which party would have a contract for treatment with the
City, then the parties to this contract may permit use under the
provisions of this sub-paragraph. In the further event that the
City and another party shall construct after the date of this
contract, or shall have constructed an interceptor or outfall line,
and any of the other parties to this contract shall request use of
such line but shall not have participated in its cost, then the
parties to the construction of the line may permit access to the
requesting party under the provisions of this subsection and by
mutual agreement thereof.
(f) Every effort shall be made by all
parties to avoid unnecessary capital expenditures. Altering
direction of flows to make use of existing sewer lines with
available capacity or providing temporary facilities may serve, in
some instances, to avoid or defer expenditures, where such may be
feasible. In this manner, undue burdens on any other involved
party can be deferred until the need arises for major construction
18
u
which would fully benefit all involved parties.
(g) In event of any party's termination
of the use of any sewer line, there shall not be an obligation,
unless otherwise mutually agreed upon, for that party to refund or
repay the other party or parties sharing the facility, any portion
of funds theretofore supplied by such terminating party for
construction of such line or for operation and maintenance expenses
of said line under this contract.
IX. ALLOCATION OF CAPACITY:
A. The parties agree that the City's sewage
treatment plant shall serve as a regional facility, to the end that
it be of beneficial use to those political subdivisions, or to
portions thereof, within the Roanoke Valley area, its environs, and
which political subdivisions contract with the City for such use.
As assurance of such fact, the City agrees that it allocates
portions of the treatment plant and specified interceptor sewers to
each of the governmental entities participating in the use and
funding of said facilities. Said portions of capacity and costs
allocated to the parties are specified in Appendix A of this
Contract.
B. If any party to this agreement uses the
allocated plant capacity of another party, then it shall pay for
this capacity, as follows:
The percentage of total allocated capacity of
the party sharing its capacity on a temporary basis applied against
an amount being the total of the previous year's annual cost of
operation and maintenance of the regional sewage treatment plant
plus the sharing party's share of the cost of upgrades and
expansions since 1990, adjusted to the then current date by
standard engineering indices and amortized over a period of twenty
(20) years. This temporary usage shall be billed on a monthly
basis.
The City shall keep such records of plant usage
on a monthly basis and bill the respective parties to the agreement
accordingly.
D. In the event there should be added or annexed
to the corporate boundary of a party to this contract any portion
of the other parties within which are located sewer lines
transmitting to the regional sewage treatment plant, the cost of
construction of which was financed by the locality being annexed,
the annexing party shall have the right, if such right be legally
permissible under existing obligations of the parties hereto to
others, to acquire said line or lines, together with easements and
rights-of-way thereto, at any time subsequent to such boundary
change, by payment to the party being annexed in part or whole
19
those construction costs financed by local public funds, less
depreciation at the rate of two percent (2.0%), per annum and less
any construction or construction-related funds provided by the
Federal or State government or by private sources for construction
of such sewer lines. Should sewer lines in such portion of the
party being annexed not have been constructed by that party or by
a public agency of that party and at no local public expense, the
annexing party shall have the right to acquire said line or lines
and easements therefor upon such terms as the court ordering such
annexation may decree.
E. Should the capacity of the City's sewage
treatment plant be expanded beyond the pending upgrade capacity
during the term of this contract, or, having once been so expanded
be, later, further expanded, allocation to the other party(s) of a
portion of the resultant plant capacity shall again be mutually
agreed upon, but such new total allocation to the other parties
shall not be less than that quantity hereby allocated to them,
expressed in mgd, of the total average and peak plant capacity as
designated in Appendix A. Determination and approval of any new
allocation shall be negotiated.
X. SPECIAL PROVISIONS:
It is agreed by the parties to this agreement
that their rights and obligations under this contract may be
assigned and transferred to a public agency organized or created by
some or all of the parties under the laws of the Commonwealth of
Virginia, but no such assignment shall be construed as relieving
the parties or their governing bodies of any of their
responsibilities and lawful undertakings herein lawfully agreed to
be undertaken.
XI. TERM OF CONTRACT:
Unless terminated as herein provided for, this
contract shall be for forty (40) years from the date hereof.
XII. TERMINATION:
No termination of this contract shall occur
except after notice in writing of such intent to terminate,
perfected by declaratory judgment action or by other appropriate
legal proceeding brought and conducted by any party in a court of
competent jurisdiction in the Commonwealth of Virginia.
XIII. EFFECT:
This contract amends and supplants, in
whole, those certain contract(s) in writing heretofore made between
the parties respecting sewage transmission and treatment matters,
and all amendatory resolutions and ordinances of the governing
20
bodies of each said party adopted subsequently thereto.
WITNESS the following signatures and seals:
Provide for representatives and witnesses for City of Roanoke,
Roanoke County, City of Salem, Town of Vinton, and Botetourt
County.
October 1, 1994
21
PROCLAlUTATION
WHEREAS, American public education has been the pillar of our democratic
system of government for more than 200 years; and,
WHEREAS, advances in technology have increased the necessity for all students to
be better educated; and,
WHEREAS, the future of America in the twenty-first century depends on students
who are in our public schools today; and
WHEREAS, educators have a major role in shaping the minds that will create the
future; and
WHEREAS, all citizens of the United States have an important role to play in ensuring
that each of today's students is prepared to meet the challenges of the next century,
Now, therefore,
I, ,
serving as
of ,
Do hereby proclaim
~ ~
NOVEMBER 14-20, 1993
~^~~
BETTER SCHOOLS SHAPE
BETTER TOMORROWS
Signed this day of ,1993
®„
~~~
ROANOKE COUNTY BOARD OF SUPERVISORS
AGENDA
NOVEMBER 16,1993
Welcome to the Roanoke County Board of Supervisors meeting. Regular
meetings are held on the second Tuesday and the fourth Tuesday at 3:00
p.m. Public hearings are held at 7:00 p.m on the fourth Tuesday of each
month. Deviations from this schedule will be announced.
THE AUDIT COMNIIITEE WILL MEET AT 2:00 P.M. AT THE
ROANOKE COUNTY ADMINISTRATION CENTER
Individuals with disabilities who requee a~istance a' special arangement in
arle~ to participate in ar attend Bond of Sup visas meetings ~ othe~
P'~~ and activities spommed by Roanoke County, plerae contact the
Cle~k to the Bond at (703) 772-2005. We request that you p~ovide at least
48 hoes notYCe so that Iropo* mnngiements may be made.
A. OPENING CEREMONIES (2:00 P.M.)
1. Roll Call.
2. Invocation: The Reverend Laney Mofield
Colonial Avenue Baptist Church
3. Pledge of Allegiance to the United States Flag.
i
B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE
ORDER OF AGENDA ITEMS
C. PROCIAMATIONS, RESOLUTIONS, RECOGNITIONS, AND
AWARDS
1. Proclamation Declaring the Week of November 14 through
20 as American Education Week.
2. Introduction of Budget Manager and Budget Analyst.
D. NEW BUSINESS
\J
Report from the Science Museum of Western Virginia
(Ken Schutz, Executive Director)
~o» S
-ppropriation of
of Finance)
~ Caverns
wage Treatment
)irector)
~n Institute of
Hodge, County
ter and Sanitary
sector)
to Fund County
lmer C. Hodge,
2
8. Request for Approval of Funding for a Preliminary
Engineering Study to Provide Public Sewer Service to the
Lakefront Drive A ea. (Clifford Craig, Utility Director,)
9. Request from Strauss Construction for 100%
Reimbursement of the Cost of Off-Site Sewer Facilities for
the Proposed Cotton Hill Subdivision. (Clifford Craig,
Utility Director)
E. REQUESTS FOR WORK SESSIONS
F. REQUESTS FOR PUBLIC HEARINGS
G. FIRST READING OF ORDINANCES
1. Ordinance Vacating a 20 Foot Wide Alley Adjacent to 3628
Larson Lane and Recorded in Deed Book 4, Page 55,
Section 1, Melody Acres, Located in the Windsor Hills
Magisterial District. (~'~ ~~ Cp V'e ~
2. Ordinance vacating an Unimproved Dedicated Ship of
Land Referred to as Dallas Road, Located ink he
Otterview Gardens Subdivision and Recorded in deed
Book 1335, Page 627, Located in the Hollins Magisterial
District. (,~ r ~o (d Cd u e
H. SECOND READING OF ORDINANCES
1. Ordinance Declaring the Pinkard Court Recreation Center
as Surplus Property and Authorizing Donation of the
3
Facility to Total Action Against Poverty. (Terry
Harrington, Planning & Zoning Director) ~COr~TINUED
FROM OCTOBER 26, 1993)
2. Ordinance Authorizing the Conveyance of aRight-of--Way
and Easement on Fort Lewis Mountain to David Shelor.
(Joseph Obenshain, Sr. Assistant County Attorney)
CONTINUED FROM OCTOBER 26, 1993
3. Ordinance Authorizing the Acquisition of a Permanent
Access and Environmental Clean-Up Easement from
Richard P. Rider in connection with the Dixie Caverns
Landfill Site. (Vickie Huffman, Assistant County
Attorney)
I. APPOINTMENTS
1 Blue Ridge Community Services Board
2. Grievance Panel
3. Library Board
4. Planning Commission
5. Roanoke Valley Resource Authority
6. Regional Cable TV Committee
J. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA
ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND
WILL BE ENACTED BY ONE RESOLUTION IN THE FORM
OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED,
THAT ITEM WILL BE REMOVED FROM THE CONSENT
4
AGENDA AND WILL BE CONSIDERED SEPARATELY.
1. Approval of Minutes for October 12. 1993, October 26,
1993
2. Confirmation of Committee Appointment to the Roanoke
Regional Cable TV Committee.
3. Acceptance of Water and Sanitary Sewer Facilities Serving
Waterford, Section 4.
4. Approval of Amendments to the Bingo and/or Raffle
Application and Financial Report.
5. Acceptance of a Grant by the Clerk of Circuit Court
Clerk's Office for Smoke and Fire Detection and Crime
Prevention Improvements.
6. Acknowledgement of Acceptance of 0.10 miles of Olney
Road and 0.8 miles of Corllens Lane into the Virginia
Department of Transportation Secondary System.
7. Donation of Right of Way Easement in Connec n with the
Camney Lane Road Project.
8. Request to Appropriate $1,000 Grant from the National
Council on US Arab Relations to the School Grant Fund.
K. REPORTS AND INQUIRIES OF BOARD MEMBERS
L. CITIZENS' C011~IlVIENTS AND COMMUNICATIONS
M. REPORTS
5
1. General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
3. Board Contingency Fund
' 4. Accounts Paid -September 1993
5. Accounts Paid -October 1993
6. Report on Approval by the Health Department of the
Proposed Water Treatment Process.
N. EXECUTIVE SESSION pursuant to the Code of Virginia ,
Section 2.1-344 A ~7)~ o I C-+ ~ ~ m Q-Y' ~ S So c , ~ i ~ /q a~-~on
(3~e_con . c!e-ve.lo P me.r~-~ ~(~'Co . vs C~ E ~ -a( J
O. CERTIFICATION OF EXECUTIVE SESSION
P. ADJOURNMENT TO WEDNESDAY NOVEMBER 17, 1993 AT
8:00 A.M. TO TOUR THE SPRING HOLLOW RESERVOIR
THE SMITH GAP IANDFIL-I~ THE DIXIE CAVERNS
IANDFILL AND THE ROANOKE REGIONAL AIRPORT.
6
. ,
-- . _- -
Science Museum
j of Western Virginia ~
% and Hopkins Planetarium ~~ r1 `~
~
One Market Square Roanoke, Virginia 24011 (703) 342-5710
Board of Trustees September 2 0 , 19 9 3
Lewis M. Nelson, Jr. COPIE MADE FOR ALL BOARD
Prestdertt MEMBERS
FM, LBE, BLJ, EGK, HCN ~H
Nancy Howell Agee H . Ode 11 (FUZ zy) Minnix
vfc2Prestdent Roanoke County Board of Supervisors
Thelma T. Haynesworth P• ~• BOX 2 9 8 0 0
v~~e Eresfclent Roanoke , VA 2 4 018 - 0 7 9 8
Sydney H. Nordt Dear "Fuzzy"
Secretary
Lucas A. snipes It was a pleasure seeing you at last evening's reception in
Treasurer the Science Museum for the delegates and members of the
House Appropriations Committee. I'm sure dinner at
Keitn T. Austin Alexander's was as delicious as the hors d'oeuvres they
Dr. Jerry M. B°°ne served at the reception .
Marv Lou Bruce
R. Daniel Carson, Jr.
sarbarachewning As promised, you will find enclosed copies of our proposals
Kenneth D. Ferris which were submitted to the state requesting funds for
G. Franklin Elippin operating support and a capital initiative for Museum
Christopher W. Greene
John P. Grove lm rovements . AS
p you know, in providing our services to
Timochy W. Gubala children, educators and the community at large, we have
Dr. J. Dennisxancock relied upon state operating funds since 1974. In 1989, we
Dr. Robert A. Heller received a state operating grant of $250, 000 , and during
Barry L. Henderson
Donald R. Higgins the current fiscal year we are receiving a Department of
Nancy A. Hughes Education grant of $179 000 or . 74 cents
. per visitor.
s.B~>ydJohnson Obviously, this support provides a significant portion of
WiuiamW.Johnson our annual operating budget, which totals $700,000
Beverly B. Lambert exclusive of Center-in-the-Square's annual rent and utility
J. Allen Layman subsidy, and it is critical to our continued emphasis on
Dr. Norris E. Lewis
Terri Petree Maxey science education.
Donald W. Mayberry
Ghnn W. McQuate As was stated last evening, under the direction of the
Samuel M. Means, III Museum's board and working with our new Executive Director,
Dr. charley W. ovens Ken Schutz, the Museum has r~gun developing a master plan
Howard c. Packett
Richard L. Popp for eom letel rPr-. ~
P Y ar fourth floor galleries .
Bittle W. Porteraeld, HI
Ann v
R;cha
ds Since th~~- m zstalled in 1983 , exhibitry
}~
3
.
r ~~
~ Leaps, and all of us at the
Dr. sue Enen Rocovich ~ V• ~ .tors with the most effective
Dr. Rebecca E. Ross / ~
Kirk V. Sampson
Dr. Richard W. Shelly
~
i
George A. Steadman, III -
aerat
ng support , capital
~ v'
Carlyle E. Stull, Jr. f ~
redesign our interactive
Michelle Blankenship Taylor 9 back to the state-of -the-
Frank G. van Balen
Wiuiam H. Whitaker a: educate students and the
pt ~ ~ ~ ~ ~gy
Kenneth J. Schutz
Executive Director
"Fuzzy" Minnix
Roanoke County Board of Supervisors
9/20/93
page 2
I would, at this time, like to make a request, and that's
to be placed on the agenda at an upcoming meeting of the
Roanoke County Board of Supervisors. At that time we would
like to share with the County Supervisors not only our
budgetary requests, but also our vision for the Museum's
future.
Financial support provided by the state and local
governments will empower the Science Museum of Western
Virginia to continue to ignite the flame of a child's love
of learning and to whet their appetite for scientific
knowledge.
We look forward to the day sometime soon when we can invite
everyone to experience these new exhibits.
Sincerely,
Carolyn Smith
Director of Development
Enclosure
VIRGINIA
LOCAL GOVERNMENT
MANAGEMENT
ASSOCIATION
Executive Secretary
October 2 9, 19 9 3 Clay L Wirt
ELMER C. HODGE
COUNTY ADMINISTRATOR
COUNTY OF ROANOKE
P. O. BOX 29800
ROANOKE, VA 24018-0798
Subject: Proposed Institute of Government
Dear ELMER:
In June 1993 after over a year of study and discussion, the
Virginia Local Government Management Association endorsed a
proposal to create an Institute of Government for Virginia.
The purpose of this Institute is to significantly expand
the technical assistance and training opportunities
available to government officials. The enclosed fact sheet
provides more information about this proposal.
In addition to VLGMA, the Virginia Municipal League and the
Virginia Local Government Attorneys Association have
endorsed pursuing funding from the General Assembly for the
Institute. Strong support from individual local
governments will also be critical to favorable
consideration by the General Assembly and the ultimate
establishment of the Institute of Government. I urge you
to discuss this proposal with your governing body and seek
its endorsement.
If you need any additional information, please contact
Connie Bawcum at (804) 780-7970 or me. Thank you for your
assistance in pursuing one of VLGMA's long standing goals.
Sincerely,
Robert J . ~~`/2,c--o
President, ~> ~ e~
Enclosures O ~n~ ~~~-J
Q~ Q~
d~~ ~~
(~ ,
i°
c f ~ ~~s
enrm¢n tt~``' - -
~:®~~®~~~f~~~~ O~ ~~~~~~~~
RAY D. PETHTEL
COMMISSIONER
DEPARTMENT OFTRANSPORTATION
1401 EAST BROAD STREET
RICHMOND, 23219
November 1, 1993
Secondary System
Additions
Roanoke County
Board of Supervisors
County of Roanoke
P.O. Box 29800
Roanoke, VA 24018-0798
MEMBERS OF THE BOARD:
~.~,
As requested in your resolution dated August 24, 1993, the following
additions to the Secondary System of Roanoke County are hereby approved,
effective November 1, 1993.
ADDITIONS
MOUNTAIN VIEW ESTATES
Route 1217 (Olney Road) - From Route 651 to 0.10 mile Southeast
Route 651
Route 1218 (Corllens Lane) - From Route 1217 to 0.08 mile East
Route 1217
Sincerely,
~.~Q~~
Ray D. Pethtel
Commissioner
TRANSPORTATION FOR THE 21ST CENTURY
LENGTH
0.10 Mi
0.08 Mi
(4) In order to support the construction of the Forensic Lab, the
County will extend a 12 inch water line from Peters Creek Road
to the Northside Park property. The Forensic Lab has paid the
$121,723 water connection fee as established in the ordinance.
The estimated cost of the water line extension is $22,000.
(5) In order to provide a; traffic signal and turning lane for the
Allstate property on Route 419, the existing County water
facilities need to be relocated onto an easement provided by
Allstate. The estimated cost for this work is $12,000.
(6) In order to provide a turning lane on Colonial Avenue and
Route 419 at the forth Cross School property, the meter vault
and water line serving the school need to be relocated out of
the proposed roadway. The estimated cost of this work is
$6,000.
Funds are availabl~ within the appropriate water or sewer fund for
these projects.
,\
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors approve funding in
the amount of $49,492.75 from the water fund and in the amount of
$114,134.59 from the sewer fund for the above six projects.
SUBMITTED BY:
Cam, ~.
Clifford ', P.E.
Utility Director
APPROVED:
Elmer C. Hodge
County Administrator
Approved ( )
Denied ( )
Received ( )
Referred
to
Motion by:
ACTION
VOTE
No Yes Abs
Eddy
Johnson
Kohinke
Minnix
Nickens
ArmTnN NO_
TTFM NTTMBER
AT A RT/GTTT AR MEETING OF THE FtQAT~TI OF STJPERVISORS OF ROANOKE
COUNTY. VIRGINIA HELD AT THE RORNOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 16, 1993
AGENDA ITEM:
Acceptance of a Grant by the Roanoke County
Circuit Court Clerk' s Office for smoke and fire
detection and crime pre~~ention improvemer_ts
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND:
The Roanoke County Circuit Court Clerk's Office has been r_otified
by the Virginia State Library and Archives that it has been awarded
a grant in the amount of $4,514.50 for the purposes of installing
smoke and fire detection equipment in the record room, replacing
and installing additional "panic buttons" throughout the clerk's
office for alerting Sheriff's department officers in case of
emergency, installing a video surveillance camera behind the front
counter cash registers in the clerk's office work area, and
installing an alarm on the in-house safe.
FISCAL IMPACT-
This is a 100% grant in the amount of $4,514.50 from the Virginia
State Library and Archives which I am requesting be allocated to
the Clerk's office. There are no requirements for matching funds
or other contributions by Roanoke County.
STAFF RECOMMENDATION:
The staff recommends acceptance of the grant from the Virginia
State Library and Archives.
Respectfully submitted.
Steven A. McGraw, Clerk
Roanoke County Circuit Court
Approved by.
Ulmer r= Hodge
County Administrator
ACTION
Approved ( 1 Motion by:
Denied { 1 Eddy
Received ( ) Johnson
Referred { 1 Kohinke
To ( ) Minnix
Nickens
VOTE
No Yes Abs
r_c ; Fi le
niane Hy~.tt, Finance Director
Steven A~ McGraw, Clerk of Circuit Court
9 BItl,
Iw-R
~~~
John C. Tyson
STATE LIBRARIAN
VIRGINIA STATE LIBRARY
and
ARCHIVES
Mr. Steven A. McGraw
Clerk of the Circuit Court
Roanoke County
P. O. Box 711
Salem VA 24153
Dear Mr. McGraw:
(804)786-2332
(V/TDD)(804)786-3618
(FAX)(804)786-5855
October 19, 1993
It is our pleasure to inform you that your grant application for
Smoke and Fire Detection from the Circuit Court Records Preservation
Program has been approved by the review board in the amount of
X4,514.50, subject to the availability of funds and the following
proviso:
1. Sign and return the enclosed agreement to the grant
administrator's office
2. Award to Metrocall and Simplex
Enclosed, you will find the grant agreement. This agreement
spells out, in detail, the term of your project, the portion of your
project supported with grant funds, and the specific work that is to
be accomplished. It will also indicate your fiscal and program
reporting requirements. Please read the agreement carefully. When
this agreement is signed and returned to the grant administrator's
office at the VSLA, along with any applicable documentation, funds
will be released to your locality's fiscal office as scheduled in the
agreement.
Please accept our congratulations
application. We appreciate your interest
documentary heritage and extend our best
project.
Since ,
J h C. Tyson
t e Librari n
Louis H. Manarin
State Archivist
on the approval of your
in preserving Virginia's
wishes for a successful
11th STREET AT CAPITOL SQUARE, RICHMOND, VA 23219.3491
2
building be proposed or used for a purpose inconsistent with TAP's
mission.
SUMMARY OF INFORMATION:
The attached ordinance declares this property as surplus and
authorizes the donation of the property to Total Action Against
Poverty. The ordinance specifies proposed deed covenants to
restrict the ultimate use of the property by TAP. These covenants
restrict the use of the property to a community-service oriented
purpose which is consistent with TAP's mission and purpose. The
ordinance further provides that the use of the property must be
consistent with the current zoning and non-conforming status of the
building, or alternatively must be in compliance with the zoning
ordinance in effect at the time of the proposed use. The ordinance
further authorizes the County Administrator to execute any
documents necessary to effectuate the transfer of the property to
TAP. Any agreements executed will insure the Board's interest in
the appropriate and ultimate use of the property.
STAFF RECOMMENDATION:
Staff recommends as follows:
1. Approve second reading of the prepared ordinance.
Respectfully Submitted,
Approved,
~;~
Terrance,,. Har ngton, AICP
Directory of Pl nning and Zoning
Action
Elmer C. Hodge
County Administrator
Approved ( ) Motion by
Denied ( )
Received ( )
Ref erred
to
Eddy
Johnson
Kohinke
Minnix
Nickens
Vote
No Yes Abs