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HomeMy WebLinkAbout11/16/1993 - Regular~ ROAN ,~.~ ~ ~ p Z ~, ~ 2 a~ 1838 C~~~xxt#~ .a~ ~~~txt~~e ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA NOVEMBER 16, 1993 ,~ff~~,~ 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 i ® 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 2 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 3 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 4 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 5 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. 6 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. ~I~^ l Elmer C. Hodg County Administrator --------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Received ( ) Referred ( ) To ( ) Eddy Johnson Kohinke Minnix Nickens -~ ~~„ Science Museum //%/~ of Western Virginia (. '~ 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 1 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. 2 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. 3 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 4 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 5 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. 6 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. .~- i (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: /~ ~~~ 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 -`~ 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 ty[ .:, ~ "~ P 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 ~, ~ a i~ ..~ ~ _ • J//! +y JSS+ • JIM j3 Jsss 15 ~~ / C . . J,t, O f1.a3 ~ r O ~ ,~'' ay sw µ 'e ~ ~ {f b .~ ~1. if is 41 3107 •~ ~ '. 4~ Q ~ Jssi r ~ Rt. 1679 b J/lI '~~ o ~.ly ~°O 7K~ ~ '~ ~ ~? ,~,y: :f 100 >f¢ ~ ~ . 12 ' J/a Jr 42 ••. w/ 1° 20 'g ", JsN r 7iJt ' 33 ~ 32 ` ~ !/JZ ~~ ., Je/3 l~is ~o~' 43 • s of y~ ~. ~ , lfts ~' OOk „ O JNO s 11 ~ iJ ~' ~~° 29 ~ is J ~ Jst° '' ~ Ja/ "f J J/JI - J/Ot Itf 30 4 J/II ,b~ Nf9 ~ o~ '~ ~ ~ HS~ 10 ~ ~ C a. 28 4 ~- - ~ J/J! ~ sr 7'' f7n ~ Juu J J/Ji ~ / Js 170.07 g ~ i09 ~ - ~ O tm~a~w ~ 19 2 J / y / o: ,tea 1 a y/~a / ' ++ 1680 Y~-ii 'r~ s °° ~ 26 ~' v jiOf ~ ~~ o • ~ 1/ss .+ ~ .f 'r- ~ J//I ~ ~ e oz, - 8 4T su a a ~ .. QI. 18 3/St ~ >roa ~~ ~ y ~ 23 Js*i ~ f JKt 2.02 Ae ~ '~ „ ~ ~ Jsos Jso/ 8 T '~ ~ ~ ~ 24 JisJ , s ~ J . i• „ ,, 107 M 9 r aso JasJ, ~ 1 / 1 JWa . r J _ ~ 1511 ff f N fl sits t Lane ~ Lnrson-~ - . . _ • ~ 107]9 110 110 110 71 Rf0 lf l ~°I) 14 ~ ~ 15 ~,, '°° 10D fS0'as Jssr asa Js/o . Jso. .f Jsss 11,.7. Jssi e srsJ S2 _ 1 - 'S 'SO 49 a 1 2 , _ 3 4 $ b s y ~°' ~p . J~ ' Jkf • ., 1 W1sp1 ~ ~ 106.91 r 110.1. ; 7 11 IiD f ' ~ JS ~~ f ~ 1lµ q:.N ; I 7 j ~~ > ~ 1 ' ! ~ N I ' ` ;O ~ ~ ' ~ . J7La J6u 12 •~ J7Za Ja?/ Ja/1 J6.'!.T 36r! I ~i ~_ ~'Y - ~ (7s ~ Jo J ao O ~ I " _ \ it Jsasa~ . arts ~ ~ fl 3 4 ~ 3 8 8 9 iaf7~l ~ ~ ~ ~?j ~ Rt.1619 ~~ - ~ ~~ ~_! ~ 1 I 101 ~ .: Jai/ I u.M / O ui/ Le ~ '~ 1 ssa~ / ~ loo I ~ ~ q 2 l A ~~Millletf° ~~..~.~ ~ .~~ ~ I ~ I ." / ssai y 3 ~ ~ t I 4 a ~ 5 ~iJ/ ~ . fG1 .~~ Dr . _ _ M.ss ~~ ~.~ ~~ ~. s = 6 ~ - ~J .tLT6/ ~ f 1 _. _ 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 ~~ """~~'---Wi-~ ~e i n f#Pi~erai--a~@~e~' s " ~8 }1=~T1 1x~ ~aepgas-e~--~~-re=v i~~cr--Erin 1]wi.: L . . {{~} z~zre-tf®ei~ 9€ t~s~to~~a9eIDe e-r-v„~-~~-av~-~avee~ -~ ~ es-i~-tee-awe-~ei=~!"~- ~ '4 e-~-'r~-E1i~e ~ti:a--a~ ]'tll.....~ T • 1 L ~..c~- Q~E IP--:~:..~7 as i'-a ~~1 -^l .. ~-- 7 ~l.~Ll L } L t~ ' ' ' 1 ' w- r#a~edz amsseme~t; .,(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 aB./ ~1 NORTH _ TNI (l61f_=_11 PAVERTf Q _ _ - --- I - JAKS !. OIFKDRD ! AA 4>a.16-0-1f •i-EF}I DE ENAYA rho ! YK~ I M:xA E NDRD D.B. 4'f. 15 fN 11x04 4 .. ~ l ~Arr.A- „ f•.t ! , Tf AI• N'll'TT'f zM]e4 wf ~ -r-~- __ - -~ - - -i ~ ~ s y 1 4LIfR 4.1 fif llOx •! ~ I E pLfLR f, 4Lfll1N •~ 'O 711RIOK4n1 ~ ~ Y I P4 . ' 1 ' ) - --'-'I'---' OF1 G ' 1 ~ ~ ' ~ NA 11.111/, B1 lL I Z K ~ 1 i/ .,~ i,{A~ N / n _ / 0 1 f %f~---~~GJ_ 1 - ~J N •4~ N 4x•14.4 j N~ RE 41..4-y ~ ~ \i. COQ rD•- I '~ /~'~' w~r~4~- 1 r_ - ~ T ~~ '%1 1 1 I \ T ~. ~\ L-1-L..~ \ ICI II Y ~ `- )•\ \ FM Aft w. 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D_NCY eRJANOPS eCe JDOBCV fl f':C TTPIDLL xAT[e SAx ItAAT [A fL4V IEC DLTAIL ON rAl /Of.1e-0-1• PxOPERTY DP SSSE x. JDNE1 D.B. I1>. PD. MS LMfO M or•N.L•r NA. M1101, Mq t_ ROANOKE COUNTY UTILITY ACCEPTANCE OF WATER AND SEWER SERVING WATERFORD SECTION 4 DEPARTMENT J- 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 ,..~.,,. 3 1QgS3 (~~r ?n~ ~ct,y~aon: Ctrl{;cS ('(~Cc±CtJ{'tj!~n ['mm~at~y hprcjnaftcr r~f~rrcri to aS the "fie~ielnncr3" Harty C'f tE1P. firGt nart,s t,hc RlIA,RD (1F C~IPER~fICf1RC (1F RftANfli(E ~;pi~,yTY ~fTR~TNT,4 hcCojnaft.or rofprrorl to Ac thQ "Rnarri Harty nj= the Sernn~ f~art,~ anti FI MFR (;, HnnrE ('ni,nty ArJminictratnr of Rnannt<e (;nl~r~t,j 3 \/IR(}TNIA3 naCt,~f of the third Tart, 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 thereunto, 1n any! to the water anti/~,r cc;.~cr S~ctcmc jn the StreptS3 at~en~tes anal r^,ubl1C Lltj 1 jt~~3 watn~- anri/nr Scwcr cacemont aroaS tha.± h?Ve bPen ~r m~1/ hcrcaft.ar I?e irZStall°•rl by the f)e,iclnnar3 alof?g ;.;ith tho rlvht to perpetually USa an~ (?rr::n~~ tF~e eacpmohtc jn wF~irh the came lnay I•yc lnv?t.ori3 pll o~r whjrh iS mnrc ~art,i~{~1Ar7y shown ?!?!~ !~°_•SCrlb°_•~ Anal ~joSinnatori ,?S fnllrll~?S to ~tllt: v - 7 - AS Shown on the plan o~tj±,lcrl w~terfn~-~l - Sertinn 4 c!ete^ April 17, 3 1Q9? Ii11!'l? by L!_!t!'IS~Qn Ac~nrjat°S an~i o.n, file In the R.oano.ke ~^unt`i Engincerjnq fler~ar me t,. .nt. , Page 1 of 3 ~~ J 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 ~~ 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 cnairc at itc Gnct, a (; a ntnty Grimi i tr tnr of na nka n v r r ~ E r,!._.r _. Nndg_, C- ~,:.~, _ :n s.~. a. _ _ R-.._,r..,.,_. C.:unt„ Vi: ginia, na t; 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 .. ~ ~. ,. _,: f t h c :. ~ .1, . c _. ,.._, . R s 1 . i -~ N :. . 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: S ~ ~~ r r ~ °r 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 ~- Ey: sTf~EA/ S~S~k.~i ~< as >~.P6si.DE.vT' D:;i~~ ~i~thr}r1Z°~ OfflCcr o 'i ltl _. {sn heha.l f r?f My f;(n(il!I11gSjnn ex^ir?S: Pzge 2 of ? ., ; Annrr~;~orj ~~ to fnrm: .7-~ ~:nlJnty ptt,nrnc» Ctatc ref: Cnt~nty,./Cjty ~f: (',ni;nty Ailminictratr~r {~f Rnannko (',n~int,v~ Vlr~inia -- - - Ry t„ y~j±; T~1° fnrcnryjnn ~!cari t~yaq prknn~rlcrincri hafnrc Snc thjc- ~y ~~rr~cr (, ~-Inr{na~ ('nttnty Ariminictratnr~ {irk kipl~a'~f of tnc ~{iar~j of S{incr4iicnrc 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 2 ~ M G+ ^ ~ ~ o 0 o \ o -- o - W W (U t-• Q 4 q o d 1 "I 7 C M 1 dm i ~ d ~- K M .C. \ .~. o ~ T ro^ I rW U F Q Q O i d ~ • s C IL j O ro O C A ~ N O d Q C r N .I w r_! 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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 ,~. ~~ z a? 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 M FoR 'NjpoR~' OqT~ f / ~"`/q Nr MSS M q q~F o~ aTlM~% a p~~NF ~ ~ ~,~~A'M 0 FAk Aq / 4 MpejLF eq cooW~pb` / ®~ Aq l.J NU~~ TEL~pH Eq Cp~E Fq ONFD ek,- CAtijF TQ SFF NUMBEq ENSipN Y RFj-U T S T O SFE YOU w CSASE CgCC T'M~ T ~ °ALL F~ RNFO YOUR CgLL RUS L CALL AGAlN Y ~ SlGNE O N SpFClAL ATTENrlON . ~ IMPORTANT MESSAGE FOR ELN DATE ~ ~ ' A. M. Z ~ TIME 3.2] P. M. M .t~~, ~ 1J OF PHONE 2 q 3 S ~- 2 p ZD AREA CODE ^ FAX NUMBER EXTENSION O MOBILE AREA CODE NUMBER TIME TO CALL TELEPHONED PLEASE CALL {/ CAME TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU RUSH RETURNED YOUR CALL SPECIAL ATTENTION MESSAGE U~1> e S ~ 7C1. h .rL '~A s • C r~3 e1~w~/n~~ 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 ~> . z ' 'A a 1838 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 OF ROAN ~,~ ~ p Z aZ 1 38 (~aixx~#g a~ ~.a~txt~~e P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 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: ~QS ~,,- ~' ~o\ ~.3 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 ® Recycled Paper ~ .,~. ~~ Tv ~ ROAN ~ F y, L ti ~ 2 O a 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, ~'~ /~~~ `"" 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 ~~ ,~ > , ~'' C~r~' v, v ~ 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. mh Attachments O~ POANp,Y~ ~' ~ z „ c> ~ _ °v a~ 1838 ((~~((. _ ~/~ 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, ~ ~ Cliffor Craig, i~.E. Utility Director mh 1206 KESSLER MILL ROAD • SALEM, VIRGINIA 24153 • (703) 387-6104 ® Primed on Recyded Paper of ~~AN~~F Z c> J ? a rasa ~~r~~~ ~~ 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 mh Attachments O~ POANp,Y~ ti ~ z ' c~ ~ 2 °v a~ rasa 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 mh Attachments t of ao,anro,~~ ~ , ~ ,;. :;~~:~ ~ z ~, J ? a 1838 ~a0r~~~ ~~ a0r ~ ~xx~~.~..~ 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 mh 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 8 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 10 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. 11 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 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 13 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. 16 (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