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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.
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(3) On March 19, 1991 the City of Roanoke stated in a letter to
the, County of Roanoke that they would like six changes made to
the Contract and would provide language changes for our
review. They also stated that an appendix indicating cost
sharing and capacity for each municipality would be required.
Otherwise "there can be no contract."
(4) In order to obtain an equatable cost sharing between the
municipalities, the non -City of Roanoke governments hired a
consultant to determine a fair cost sharing and to negotiate
a final cost sharing with the City of Roanoke.
(5) At a September 9, 1993 negotiation meeting, the City of
Roanoke provided the suggested language changes mentioned in
their March 19, 1991 letter.
(6) On September 15, 1993, the non -City of Roanoke government
staffs met and discussed the suggested changes the City had
proposed. The staffs generally agreed to the proposed changes
with minor revisions.
(7) Roanoke County then re -drafted the Sewage Treatment Contract
including the City of Roanoke's suggested changes. On
September 30, 1993, the consultant provided Roanoke County
with the final quantities to be included in the appendix for
the Contract. The appendix was then added to the Contract for
distribution.
(8) On October 4, 1993, the re -drafted Contract including the
appendix was hand delivered to all participating
municipalities by the County. The accompanying cover letter
requested staff to review the draft and call to set up a
meeting the following week to discuss any differences they may
have with the draft Contract. To this date, no one has called
to request a meeting.
(9 ) On November 3, 1993, the City Attorney for the City of Roanoke
called the County Attorney to state the City was going to re-
write the entire Contract because they did not like the
language.
Staff had previously planned to bring the non -contested Contract to
the Board for approval at the November 16th meeting. Staff does
not know how long it will take the City of Roanoke to re -write the
Contract or how long after that time it will take other governments
to review the new language.
It is staff's desire for Roanoke County to continue its leadership
role in this matter and ask the Board of Supervisors to approve the
attached Contract with the City of Roanoke for sewage treatment
service. If there are changes to the contract, amendments will be
brought back to the Board for approval before execution of the
contract.
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
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WHEREAS, in the judgment of the parties to this contract,
the transportation to and the treatment of such wastes originating
in the AREAS, at the City's sewage treatment plant will be to the
advantage of all parties to this agreement.
THEREFORE, FOR AND IN CONSIDERATION of the premises and
of the covenants and obligations herein contained, the parties
hereto covenant and agree, one with the other, as follows:
I. DEFINITIONS:
The parties hereto agree that the following words,
items and abbreviations as used in this contract shall have the
following defined meanings:
A. AREA: Botetourt County:
All of the area or territory of Botetourt
County, Virginia, situate within the natural drainage basin of the
Roanoke River and its tributaries and including the territory of
the Town of Troutville, and its environs along with associated
regions of the County whose drainage may be pumped into the Roanoke
River basin as determined in the judgment of Botetourt County;
AREA: Roanoke County:
All of the unincorporated area or territory of
Roanoke County, Virginia not assigned as the service area of the
Town of Vinton.
AREA: City of Salem:
All of the incorporated area or territory of
the City of Salem, Virginia.
AREA: Town of Vinton:
All of the incorporated area or territory of
the Town of Vinton including those portions of Eastern Roanoke
County that are assigned as the service of the Town of Vinton.
B. City: The City of Roanoke, Virginia.
C. b.o.d. or b.o.d. content: the quantity of
oxygen utilized in the biochemical oxidation of organic !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.
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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
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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
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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