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HomeMy WebLinkAbout11/16/1993 - Adopted Board RecordsA-111693-1 ACTION # ITEM NUMBER _Z�— I 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: 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. 3. 1 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: Cliff or aig, P. E. Utility Director APPROVED: ZZ� Elmer C. Hodge County Administrator ACTION VOTE Approved (x� Motion by: Bob L. Johnson to No Yes Abs Denied ( ) approve contract in Eddy x Received ( ) principal Johnson x Referred Kohinke x to Minnix x Nickens x cc: File Clifford Craig, Director, Utility Paul M. Mahoney, County Attorney 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 �-I 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 !batter 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 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 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 2 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 N. D -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. 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 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, (20), 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 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. (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 1.) 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 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: 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 Percent of Total Percent of Cost Anticipated B - 56.00 Capacity In for Current - 34.50 MGD Treatment Plant Treatment Plant Cost and MGD City of Botetourt Roanoke County 45.7 37.3 S 7.12M - 19.2 Roanoke County 6.2 24.5 7.0 1.33M - 2.6 City of Salem 18.6 29.2 5.57M - 10.3 Town of Vinton 5.0 20.9 3.••�+ 99M 7.t. 5.6 1.07M - 2.1 TOTAL 100.0% 100.0% $19.08M - 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 Percent of Capacity in Percent of Capacity in Percent of Anticipated Segment A Cost Segment B Cost Segment C Cost Current MGD Segment A MGD Segment B MGD Segment C Cost City of Roanoke 32.07 41.34 16.40 28.82 6.00 17.39 S 6,530,020 Roanoke Canty 23.00 29.65 18.00 31.63 6.00 17.39 5.264.688 City of Salem 22.50 29.01 22.50 39.55 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 7Z 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: xv,7 /. 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. A new 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. '�)-a (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: i Cliffo r ig, P.E. Elmer C. Hodge Utility Director C County Administrator ACTION VOTE Approved (x Motion by: Harry C. Nickens No Yes Abs Denied ( ) motion to approve funding Eddy x Received ( ) Johnson x Referred Kohinke x to Minnix x Nickens x cc: File Clifford Craig, Director, Utility Diane D. Hyatt, Director, Finance ACTION # A-111693-3 ITEM NUMBER D-- 3 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 ADMINISTRATOR'S 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: yrw•/ Clifford a'g, P.E. Elmer C. Hodge Utility Director County Administrator Approved (yj Denied ( ) Received ( ) Referred to Motion ACTION VOTE by: Edward G. Kohinke No motion to approve Eddy Johnson Kohinke Minnix Nickens cc: File Clifford Craig, Director, Utility Diane D. Hyatt, Director, Finance Z�-3 Yes Abs 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:�'� 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. D-4 ALTERNATIVES 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: C /7 Clifford g, P.E. Elmer C. Hodge Utility Director County Administrator ACTION VOTE Approved (x) Motion by: Harry C. Nick ns No Yes Abs Denied ( ) motion to approve Eddy x Received ( ) Johnson x Referred Kohinke x to Minnix x Nickens x cc: File Clifford Craig, Director, Utility Diane D. Hyatt, Director, Finance ACTION NO. A-111693-5 ITEM NUMBER -5 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 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 little 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 J)_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. J)_5 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 18,000 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) surplus as they requested 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 18,000 Respectfully submitted, Approved by, / A • V Diane D. Hyatt Elmer C. Hodge Director of Finance County Administrator ACTION VOTE Approved (1 Motion by: Bob L. Johnson to No Yes Abs Denied () appropriate school board Eddy _ -.2L _ Received () surplus as they requested Johnson x Referred () an appropriate Kohinke _ _ X To () $2,423,246 County surplus Minnix _ _ X to the unappropriated Nickens _ _ X Funct balance cc: File Diane D. Hyatt, Director, Finance Dr. Bayes Wilson, Superintendent, Roanoke County Schools Attachment A 3 COUNTY OF ROANOKE, VIRGINIA Summary of Revenues, Expenses and Changes in Fund Balance For the Year Ended June 30, 1993 Expenditures General government administration Budget Actual Variance Revenues 1,114,691 1,118,659 3,968 From local sources 11,863,922 11,555,669 (308,253) General property taxes $ 48,640,000 $ 48,884,051 $ 244,051 Other local taxes 14,615,000 15,732,560 1,117,560 Permits and licenses 458,000 656,069 198,069 Fines and forfeitures 215,000 349,244 134,244 Interest and rental income 52,000 80,350 28,350 Charges for services 751,409 789,622 38,213 Miscellaneous 406,214 521,477 115,263 Recovered costs 237,218 350,494 113,276 9,542,747 65,374,841 67,363,867 1,989,026 From the Commonwealth 5,378,365 5,859,536 481,171 From the Federal Government 1,5042925 1,802,607 297,682 Total Revenues 72,258,131 75,026,010 2,767,879 Expenditures General government administration 5,508,799 4,601,681 (907,118) Judicial administration 1,114,691 1,118,659 3,968 Public safety 11,863,922 11,555,669 (308,253) Public works 5,823,853 6,076,329 252,476 Health and welfare 4,557,376 4,085,734 (471,642) Parks, recreation, and cultural 2,775,559 2,628,662 (146,897) Community development 996,896 939,931 (56,965) Unappropriated balance 4,813,707 (4,813,707) Nondepartmental 1,7081106 1,3812376 (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 101,665 411 (101,254) Transfers in 2,141,341 2,141,341 0 Transfers out (42,160,798) (42,119,469) 41,329 (6,822,570) 2,660,252 9,482,822 Fund balance at beginning of year 6,8221570 9,387,448 2,564,878 Fund balance at end of year $ 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 619361009 $ 12,047,700 COUNTY OF ROANOKE, VIRGINIA General Fund Unappropriated Balance Amount Beginning balance at July 1, 1993 4,512,763 Result of 1992-1993 operations 2,423,246 Revised balance at July 1, 1993 6,936,009 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) Attachment B i1CS % of General Fund Revenue 5.83% 8.96% 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). 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 111693-6 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 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 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: Mary H. Allen, 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 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 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: Mary H. A len, Clerk cc: File Roanoke County Board of Supervisors Vickie L. Huffman, Assistant County Attorney John W. Birckhead, Director, Real Estate Assessment Diane D. Hyatt, Director, Finance 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 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. A�iere--ardhe -�rei a 1-�� sge�d €€fie -- 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: Mary H. Allen, Clerk cc: File Roanoke County Board of Supervisors 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 ACTION NO. A -111693-8.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. 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 (x ) Denied ( ) Received ( ) Referred ( ) To ( ) Approved by, Elmer C. Hodge County Administrator ACTION Motion by: Bob L. Johnson cc: File Roanoke Regional Cable TV Committee File VOTE No Yes Abs x x x x x Eddy Johnson Kohinke Minix Nickens ACTION # A -111693-8.b ITEM NUMBER Z"— 3 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: 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: -QZ4�L L"' Cliffo aig, P.E. Utility Director APPROVED: gym.✓ `� �'Y 1 Elmer C. Hodge County Administrator ACTION VOTE Approved ) Motion by: Bob L. Johnson No Denied ( ) Eddy Received ( ) Johnson _ Referred Kohinke _ to Minnix _ Nickens cc: File Clifford Craig, Director, Utility 7- 3 Yes Abs X x x x x • • 1 crrr,�. • IMf/ Y _ _ _ — r — 7 — I � etfu /. ufr,eY •e � •+.� rriRre�nxe I I � I I K , � ,1 N I N I• r -.I -_ N S3 NORTH • � - :i ;„ a-L-�s _ . _ .. _ _ ruts A. CA. -m nc.Y. L u.. — o.L of. rc •« 1IYN At 3 11 7 33 �Co Aw — l` I•If• A a /t I 'il I J IA 2�2 • ) _ - L = n,�Y/ p'YYfL eYY 4•M 1 I it _ 7 C _ 1 LETi / - i { 1 W'r Iiw 'N .,N �1'� IYN• •fP •R NN• _ Y 1 i !. �, \'\• i�, { L ;MM b Mw I• rw�w.l ".I �� __ Ileo I�IL4 W N Wtfeit .f k ki 29 27 1 29 29 f 30 31 33 W; li 32 t 'y I I I'I I I Y4a •t1't i f'Y Ill 9404I6 1. tfHf1Y' YLfLL, i, fIt I11M•1 l t I! ..I t •urLLNttY 1 1 _ /r. N. L' i ft. MwN. Oro • • xn,..wc latMw a .� Y/. I x[Y•wwf ranw ar / I:txrl-fI / `�,� wlan�r ott rrrotYtT or , Si..ui2 D[KA4xu[Ll COxIOII.l10Y >SI / STIu,Si 0['.TLCru[xf LOMb1.Ob1 / O.L. Nt. rG ) {� ', W. IL. SY LIYe/ f•e 11 • \ tl / Ydµ � '\ ~ 11 AMftAN A tl1iTtY Yttx LIYL MO WtftLT ' Lif1 A YAOL WAYOtuLOWTT HILITT �[f'fTxLYt. T{ iL A— AA — f0 WLL YOY OAL. \ n Txe LVTw a e:unYe • f LIYL 4KL.AMYAYGi YOffY}rq llll Yf IYL�Y 10T. Y 11 LLL fY:tArT tMf WYOLLf A MAUL WtLR10R ILAYL � t COT�r, O'1fLr LrOIY[.f 4Y 1000.. •1 {•i T1f ICLL YATif AYO WItM1 fLYtl AM— M., Q• . - _ � - {MLR •. ROANOKE COUNTY UTILITY ACCEPTANCE OF WATER AND SEWER SERVING WATERFORD DEPARTMENT SECTION 4 ACTTON NO. A -111693-8.c 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: Acceptance of a Grant by the Roanoke County Circuit Court Clerk's Office for smoke and fire detection and crime prevention improvements COUNTY ADMINISTRATOR'S COMMENTS- BACKGROUND: OMMENTS•BACKGROUND: The Roanoke County Circuit Court Clerk's Office has been notified 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 (x) Denied { ) Received ( ) Referred ( ) To ( ) "T'.5 Approved by, Elmer C. Hodge County Administrator ACTION Motion bv: Bob L. Johnson Eddy Johnson Kohinke Minnix Nickens cc. File Diane Hyatt, Finance Director Steven A. McGraw, Clerk of Circuit Court VOTE No Yes Abs x x x x x COMMONWEALTH of VIRCjINIA VIRGINIA STATE LIBRARY and John C. Tyson STATE LIBRARIAN Mr. Steven A. McGraw Clerk of the Circuit Court Roanoke County P. 0. Box 711 Salem VA 24153 Dear Mr. McGraw: ARCHIVES (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 $4,514.501 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. 4hC. , TysonLibrari 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 A -111693-8.d ACTION NO. ITEM NUMBER + AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DAT • 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 SY 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 of Olney Road (Route 1217) 0.08 Miles of Corllens Lane (Route 1218) SUBMITTED BY: Mary H. Allen Clerk to the Board APPROVED BY: 6� Elmer C. Hodge County Administrator ACTION VOTE Approved Motion by: Bnhn T._ Tohnan Denied ( ) No Yes Abs Received ( ) Eddy x Referred ( ) Kohinke x To ( ) Johnson x Minnix x Nickens x cc: File Arnold Covey, Director, Engineering & Inspections ACTION # A -111693-8.e ITEM NUMBER Z 7 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 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. J 7 STAFF RECOMMENDATION Staff recommends acceptance of these properties. $UE�MITTED BY: APPROVED BY: i Arnold Covey; Directr Elmer C. Hodge of Engineering & Ins ections County Administrator ACTION VOTE Approved (x) Motion by: Roh T,_ john -man No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred Kohinke x To Minnix x Nickens x cc: File Arnold Covey, Director, Engineering & Inspections 4 METES AND BOUNDS DESCRIPTION SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. J�7 KN3 i Property of ±4.00 LEONARD F. ✓R. 8 TAX N0.61.04-2-16.6 �Po� o BETH B. WEDGE \ •�� Z PROPOSED � RIGHT OF WAY TAX NO. 61.04-2-1&2 O TAX NO. 6L04-2-16.1 TAX MAP NO. 61.04-2-167 SCALE: 1"= 20' PLAT SHOWING PROPOSED RIGHT OF WAY BEING CONVEYED TO ROANOSE COUNTY BY LEONARD F. JR. & BETH B. WEDGE PREPARED BY: ROANOKE COUNTY ENGINEERING DEPARTMENT DATE: 2-5-91 METES AND BOUNDS DESCRIPTION SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDSr PLA T.% AND CALCULATED MFORWA7 0H AND DO NOT REFLECT ANACCURATF BOUINDARV SURVEY. S 18.41'W TAX N0.61.04-2-16.7 8.62 _s TAX N0.61.04-2-IG5 53/� PROPOSED s?A RIGHT OF WAY l F �S6,p 0 TAX N0. 61.04-2-16.3 TAX MAP NO. 61.04-2-16.2 Property of LEONARD F ✓R. 8 BETH B. WEDGE" ri ON m PLAT SHOWING PROPOSED RIGHT OF WAY BEING CONVEYED TO ROANOKE COUNTY BY LEONARD F. JR. & BETH B. WEDGE PREPARED BY: ROANOKECOUNTY ENGINEERING DEPARTMENT TAX N0. 61.04-2-17 SCALE: 1" = 20' DATE: 2-5.91. METES AND BOUM DESCRIPTION SHOWN ON YM PLAT REPRESENRA COUPOSMOF OEEDA PLAN, AND CAtZIt.ATEDNVORMIXWANDDONOTPIFLWrANAO TE &oujwAjWSjMV&V TAX N0.6L04-2-16.4 CONEY S 49 319 2 0 t� TAX NO. 6L04-2 -16.3 ..r -0 7 <0� TAX N0. 61.04-2-18 TAX MAP Na i.04 -2-L.3 PLAT SHOWING PROPOSED RIGHT OF WAY BEING CONVEYED TO ROANOKE COUNTY BY LEONARD F. JR. & BETH B. WEDGE PREPARED By. ROANM COUNTY ENGINEEPdNG DEPARTAMW TAX NO. 61.04'-2-16.2 TAX N0.61.04-2-17 SCALE: I"= 40' DATE: ACTION # A -111693-8.f ITEM NUMBER sim p 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. 4L-4 / David M. Wym Elmer C. Hodge Supervisor o Social Studies County Administrator --------------------------- ACTION VOTE Approved No Yes Abs A PP ( x) Motion by: Rnh T TnhncEddy x Denied ( ) nn Johnson Received ( ) x Referred ( ) MinKohnixe �- Minni To xNickens x cc: Attachment cc: File Diane D. Hyatt, Director, Finance Dr. Bayes Wilson, Superintendent, Roanoke County Schools J- S 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: Clerk c: Diane Hyatt ACTION NO. A -111693-8.g ITEM NO. ��' 9 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: / S 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. J: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, 6 14.4 ( I x Vicki L. Huf n Assistant Coun y Attorney Action Vote Approved (x) Motion by _ Rnh T.Tnhncnn Edd No Yes Abs Denied ( ) y Received Johnson x Kohinke x Referred ( ) to Nickens x Minnix x cc: File Clifford Craig, Director, Utility 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 RESOLUTION 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: Xn I Mary H. Allen, Clerk cc• File Roanoke County Board of Supervisors Executive Session