HomeMy WebLinkAbout3/12/1996 - Adopted Board RecordsA-031296-1
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 DATE: March 12, 1996
AGENDA ITEM: Request authorization to transfer a surplus Parks
and Recreation passenger van to Explore Park.
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND:
Explore Park has recently expanded their special event offerings.
Due to limited on-site parking and to help handle anticipated
crowds, the Park needs to offer a shuttle system to transport
spectators from off-site parking areas to activity areas. Roanoke
County has provided transportation assistance in the past. The
transfer of this vehicle will make Explore more self sufficient in
this area and provide more internal flexibility with parking.
SUMMARY OF INFORMATION:
Staff has received a request from Explore Park for the donation of
a surplus passenger van, previously used by the Parks and
Recreation Department. The 1980 Dodge handicapped accessible van
has over 103,000 miles and is valued at approximately $800. No
other department has a need for this vehicle. Explore Park plans
to use this van to provide a shuttle service from outlying parking
areas to the Park. The vehicle has been replaced with a new
wheelchair accessible van. The surplus van is available for
immediate transfer.
FISCAL IMPACT: There would be a minimal loss of funds to the
County if the van was sold at County auction rather than donated to
1
Explore.
ALTERNATIVES•
1) Donate the van to Explore Park.
2) Sell it at auction.
STAFF RECOMMENDATION:
Staff recommend Alternative 1, that the van be donated to Explore
Park.
Respectfully submitted, Appro ed b
�e
Pete Haislip E1 er C. Hodge
Director, Parks and Recreation County Administrator
-------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Motion by H. Harry No Yes Abs
Denied ( ) C. Nickens to approve donation Eddyx
Received ( ) of van to Explore Park Harrison x
Referred ( ) Johnson x
To ( ) Minnix x
Nickens x
cc: File
Pete Haislip, Director, Parks & Recreation
K4
A-031296-2
ACTION NO.
ITEM NUMBER 4E— G�
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: March 12, 1996
AGENDA ITEM: Request from the Department of Social Services to
Appropriate State funding of $120,000 for Special
Needs Adoption
COUNTY ADMINISTRATOR'S COMMENTS: A�� fe&-A-w
BACKGROUND: Throughout the year, the Department of Social
Services receives additional appropriations for public assistance
and service delivery. These funds are required to provide
continuing services and to avoid any interruption of service to the
customer. The State has provided $120,000 additional funding for
Special Needs Adoption for FY 95-96. The Department of Social
Services cannot access these state funds until the County has
appropriated the same. The Board of Supervisors is requested to
appropriate $120,000 to the Social Services expenditure budget for
Special Needs Adoption and to appropriate the related revenues from
the State.
The State has also appropriated additional funds in other programs.
We are not requesting those funds at this time because we do not
anticipate we will require the total amount the State has
appropriated. We will review the budget after the third quarter
and may need to request additional appropriations in the FY 95-96
County budget for increased services at that time.
FISCAL IMPACT: None. The total amount for the additional funding
is 100% reimbursable by the State Department of Social Services.
E -a
STAFF RECOMMENDATION: Staff recommends appropriation of $120,000
to the Social Services Budget for Special Needs Adoption.
Respectfully submitted,
Betty R. M C ary, Ph.D.
Director of Social Services
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
Appro d b
x
Elmer C. Hodge
County Administrator
ACTION
Motion by: Motion by H Odell
Minnix to approve appropriation
of $120,000 in state funding
cc: File
John M. Chambliss, Assistant Administrator
Dr. Betty McCrary, Director, Social Service
Brent Robertson, Budget Manager
VOTE
No
Yes Abs
Eddy
x
Harrison
x
Johnson
x
Minnix
x
Nickens
x
cc: File
John M. Chambliss, Assistant Administrator
Dr. Betty McCrary, Director, Social Service
Brent Robertson, Budget Manager
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, MARCH 12, 1996
RESOLUTION 031296-3 APPROVING AND CONCURRING IN CERTAIN ITEMS
SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM M - 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 March 12, 1996, designated as Item M - Consent
Agenda be, and hereby is, approved and concurred in as to each item
separately set forth in said section designated Items 1 through 3,
inclusive, as follows:
1. Request from School Board to appropriate $1,000 in
state funding to purchase computer communication
devices for students with disabilities.
2. Approval of a Raffle Permit for Roanoke County
School Food Service Chapter.
3. Resolution of Appreciation to James E. Taliaferro
for his service as May of the City of Salem.
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 Minnix to adopt the Consent
Resolution with item 3 added, and carried by the following recorded
vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
1
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Diane D. Hyatt, Director, Finance
Dr. Deanna Gordon, School Superintendent
A -031296-3.a
ACTION #
ITEM NUMBER on _j
MEETING DATE: March 12, 1996
W
AGENDA ITEM: Request from School Board to appropriate $1,000 to
the School Operating Fund to purchase equipment for
students with disabilities.
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND: The Roanoke County School Board has received $1,000
from the Virginia Department of Education for the purchase of
equipment to assist students with disabilities to access technology
in classrooms and media centers. The funds will be expended to
purchase augmentative communication devices which will allow
disabled students to access computers.
FISCAL IMPACT: None. No local matching required.
STAFF RECOMMENDATION: Staff recommends appropriation of $1,000 to
the School Operating Fund.
6-1,ukr
Eddie L. Kolb, Director
Pupil Personnel Services
Adult Education
Elmer C. Hodge
County Administrator
----------------------------------------------------------------
ACTION VOTE
Approved (x) Motion by: Motion by H. Odell No Yes Abs
Denied ( ) Minnix Eddy x
Received ( )
Referred ( )
To ( )
cc: File
Diane D. Hyatt, Director, Finance
Dr. Deanna Gordon, School Superintendent
Harrison x
Johnson x
Minnix x
Nickens x
A'l
FROM THE MINUTES OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY
MEETING IN REGULAR SESSION AT 7 P.M. ON FEBRUARY 8, 1996 IN THE
BOARD ROOM OF THE SCHOOL ADMINISTRATION BUILDING, ROANOKE COUNTY,
VIRGINIA.
RESOLUTION REQUESTING AN APPROPRIATION TO THE
SCHOOL OPERATING FUND FOR A SPECIAL EDUCATION
GRANT.
WHEREAS, Roanoke County Schools has received a grant of
$1,000 from the Virginia Department of Education for the purchase
of equipment to assist students with disabilities to access
technology in classrooms and media centers,
BE IT RESOLVED that the County School Board of Roanoke
County requests an appropriation of $1,000 to the School Operating
Fund to be expended as heretofore stated.
Adopted on motion of Michael W. Stovall and duly
seconded, and on the following recorded vote:
AYES: William A. Irvin, III, Thomas A. Leggette,
Marion G. Roark, Michael W. Stovall, Jerry L.
Canada
NAYS: None
TESTE:
Clerk
c: Mrs. Diane Hyatt
Mrs. Penny Hodge
A -031296-3.b
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 DATE: March 12, 1996
AGENDA ITEM: Request for Approval of a Raffle Permit from the
Roanoke County School Food Service Chapter for
Calendar Year 1996, effective through June 30, 1996
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Roanoke County School Food Service Chapter has requested a
permit to hold raffles in Roanoke County for calendar year 1996 on
the dates specified and at the locations listed in the application.
This application has been reviewed with the Commissioner of Revenue
and he recommends that it be approved. The application is on file
in the Clerk's Office.
The organization has paid the $25.00 fee.
The Roanoke County School Food Service Chapter has been advised
that this raffle permit will be effective only through June 30.
1996, since the General Assembly repealed legislation effective
July 1, 1996, which granted authority for the County's current
ordinance regulating bingo and raffles.
STAFF RECOMMENDATION:
It is recommended that the application for a Raffle Permit for
calendar year 1996 from the Roanoke County School Food Service
Chapter be approved.
SUBMITTED BY:
Mary H. Allen
Clerk to the Board
Approved (x)
Denied ( )
Received ( )
Referred ( )
To ( )
APPQROV D BY:
ZLy
Elmer C*Hodge
County Administrator
ACTION
Motion by: Motion by H. Odell
Minnix
cc: File
,Bingo/Raffle File
VOTE
No
Yes Abs
Eddy
x
Harrison
x
Johnson
x
Minnix
x
Nickens
x
RAFFLE PERMIT APPLICATION m_�;
Application is hereby made for a raffle game permit. This
application is made subject to all County and State laws, rules,
ordinances, and regulations now in force, or that may be enacted
hereafter and which are hereby agreed to by the undersigned
applicant and officers of the organization and which shall be
deemed a condition under which this permit is issued.
Raffle games are strictly regulated by Title 18.2-340.1 et• sea, of
the criminal statutes of the Virginia Code, and by Section 4-86 gam_
sea. of the Roanoke County Code. These laws authorize the County
Board of Supervisors to conduct a reasonable investigation prior to
granting a raffle permit. The Board has sixty days from the filing
of an application to grant or deny the permit. The Board may deny,
suspend, or revoke the permit of any organization found not to be
in strict compliance with county and state law.
�a / /
Name of organization �R!?el�c' CC��cn f f c c LL �oel,s5e�oU« C'4' z
Mailing Address
City, state, Zip Code CIA/Iejr", / 11
When was the organization founded?
Purpose and Type of organization fe'A'ssiow.aG
-11 Ae
Has the organization been in existence in Roanoke County for five
continuous years? YEs�_ NO
Is the organization non-profit? YES ✓ NO
Is the organization exempt under 5501(c) (3) of the Internal Revenue
Code? YES NO
Attach copy of IRS Tax Exemption Letter. (If applicable)
Does your organization understand that any organization found in
violation of the County Bingo and Raffle Ordinance or Section 19.2-
340.10 et. sea. of the Code of Virginia authorizing this permit is
subject to having such permit revoked and any person, shareholder,
agent, member or employee of such organization who violates the
above referenced Codes may be guilty of a felony? %/e"S
Does your organization understand that it must maintain and file
complete records of receipts and disbursements pertaining to Raffle
games and that such records are subject to audit by the
Commissioner of the Revenue?
COUNTY OF ROANOKE, VIRGINIA
COMNIISSIONER OF THE REVENUE
P.O. BOX 20409
ROANOKE, VA 24018
Does your organization understand that it is a violation of law to
enter into a contract with any person or firm, association,
organization (other than another qualified organisation pursuant to%h ��
S 18.2-340.13 of the Code of Virginia), partnership, or corperatio
of any classification Whatsoever, for the purpose of organising,
managing, or conducting Raffles ?/Cg
DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES:
Article Description Fair Market value
/yelvelv
sf lo'elZe
ieV.Ud
�/ t 5ee6ce o 6innn1r15.
Pe /;z e &a4 el
�,7nd' 1.w e
Sl�Od
'f7ck��s L!/sLG �Pee�iv� >11e
GueLG 6�
2 x/ /die/ 7 e
q, d
SAJsr e A�►r o u n f,
3�7J.OB
DATE OF RAFFLE /yj,14 - / '-� /99 G%
If this application is for an ANNUAL RAFFLE PERMIT, list below all
dates raffles will be held.
Specific location
/9<G .S6/S-O GviG c
AoeLLc 6wi4 4e
NOTE: This permit
/;7 ee;�'/hJ S
S e e�. i 9
i ypG
oaf. /9-
i9�G
/lov • �/-
/49G
where Ralf a drawing is to be conducted?J
lye co�►e,/«e <<O,Qf /��'l�c+.�or/ Tco/iitie.aG C�a�t2
snail be valid only for
on.
Any organisation holding a permit to conduct bingo games or raffles
shall use twelve and one-half percent (12.5%) of its gross receipts
from all bingo games or raffles for those lawful religious,
charitable, community or educational purposes for which the
organization is specifically chartered or organised. (County Code
S4-101) State specifically how the proceeds from Raffle(s) will be
used. List in detail the planned or intended use of the proceeds.
Use estimated amounts if necessary.
_5(f e, a+4�rP,ej
COUNTY OF ROANOKE, VIRGINU P.O. BOX 20409
COAUMSSIONER OF THE REVENUE ROANOKE, VA 24018
4
Officers of
the organisation:
President: fA
�,l�,g �Pip,C>PL�
Phone:
Address: ,3y/p 0eci�77Ae%!. i�nyPr�4gle ,/4.
Vice President: Q,e/S 12
L,g� /lam„ s!'irJ Phone: 3F -4-a %ii
Address:
Secretary: , ',I ,5'1e11 erl1J Phone:
Address: ,�'/ye �JIAL����n ,�40e �,gl�.y► . ��. �?yiS'3
Treasurer: &�h t/-,e,¢,�� Phone: ;j'�a• Il,/Dy
Address: c!9 r D�%f ,(qAtd .eome/� . zllv v? 4Z11 �
Member authorised to be responsible for Raffle operations:
Name: zD� ,E'lzPlG
Home Address &7/0 o e,P � j ��ovr���L� �/*-
Phone Bus Phone �5'(,a 3rd Gtro�lA����ss
Z6�9"Pt,
Member responsible for filinq financial report required by the code
if your organisation ceases to exist:
Name: i�4 y P1,?A ez L
Home Address JW . /'eee ,eA �vea�Qe, /
Phone 09XY Bus Phone r6,V -.3y'f 9
Does your organisation understand that it will be required to
furnish a complete list of its membership upon the request of the
Commissioner of the Revenue? S
Has your organisation attached a check for the annual permit fee in
the amount of $25.00 payable to the County of Roanoke?
IF ALL QUESTIONS HAVE BEEN ANSWERED, PROCEED TO NOTARIZATION.
COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409
COMMISSIONER OF THE REVENUE ROANOKE, VA 24018
.3
NOTARIZATION
THE FOLLOWING OATH MUST HE TAKEN BY ALL APPLICANTS:
I hereby swear or affirm under the penalties of perjury as not
forth in 518.2-434 of the Code of Virginia, that all of the above
statements are true to the best of my knowledge, information, and
beliefs. All questions have been answered. I further swear that
I have read and understand the attached copies of sea. 18.2-340.1
4ti. sma, of the Code of Virginia and section 4-86 gtj_ seg. of the
Roanoke County Code.
Signed by:
Subscribed and sworn before me, this 4,�.7T-day of d19 � o in the
County(-CJtY-of �� 7ll , Virginia.
My commission expires:
Notary Public
NOT VALID UNLESS COUNTERSIGNED
The above application, having been found in due form, is approved
and issued to the applicant to have effect until December 31st of
this calendar year.
'T 'It -=3 - (�. L -2 tACA
Date Comm ner of the Revenue
The above application is not approved.
Date Commissioner of the Revenue
COUNTY OF ROANOKE, VIRGINIA P.O. BOX 20409
COMI USSIONER OF THE REVENUE . ROANOKE, VA 24018
-4
t
The proceeds will be used to make a contribution to the
Helen G. "lard Scholarship Fund, this is a Virginia School Food
Service Association education scholarship. The amount of the
schola_ship is S1,500.00 and it is awarded each year to one or
more ;ualified applicants. The .hapten also makes a
contribution to the Special Olympics from the proceeds.
A part of the proceeds will be used for the professional
development of the Roanoke Countv School Food Services staff
and training to make them more aware of the nutritional needs
of the students.
We would like to clear about $1000.00 on the raffle and
the 50/50.
s
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, MARCH 12, 1996
RESOLUTION 031296-3.c OF APPRECIATION TO MAYOR JAMES E.
TALIAFERRO, CITY OF SALEM, FOR HIS SERVICES TO THE CITIZENS OF
THE ROANOKE VALLEY
WHEREAS, James E. Taliaferro was elected to Salem City Council
in 1972, and was elected Mayor of the City in 1974; and
WHEREAS, Mayor Taliaferro has served in that capacity since
that time, and has now announced his plans to retire on June 30,
1996; and
WHEREAS, during his term as Mayor, Mr. Taliaferro has
participated in regional cooperation efforts, such as the sewage
treatment plant, water and sewer services, economic development,
emergency services, library services, parks and recreation
programs, social services, jail services, the 419 Frontage Develop-
ment Plan and the Roanoke Valley Regional Airport construction
project; and
WHEREAS, Mayor Taliaferro has served the citizens of the
Roanoke Valley by encouraging the City of Salem's support of
numerous sporting and special events that benefit the entire
Valley, including the Amos Alonzo Stagg Bowl, NCAA Basketball and
the annual Salem Fair; and
WHEREAS, under Mayor Taliaferro's leadership, Salem has
developed an outstanding school system, superior infrastructure and
a high quality of life; and
WHEREAS, Mr. Taliaferro has been a good neighbor to the
citizens of Roanoke County and will be missed as he retires from
1
his service as Mayor of the City of Salem.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors
of Roanoke County, Virginia, on its own behalf and on behalf of its
citizens, does hereby extend its sincere appreciation to James E.
Taliaferro for his years of service to the citizens of the City of
Salem and for his dedication to maintaining the high quality of
life for all the people of the Roanoke Valley; and
FURTHER, BE IT RESOLVED, that the Board does hereby extend its
sincere best wishes to James E. Taliaferro for a happy and
productive retirement when he leaves the Office of Mayor of the
City of Salem.
On motion of Supervisor Minnix to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Resolutions of Appreciation File
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON MARCH 12, 1996
RESOLUTION 031296-4 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 Eddy, Minnix, Harrison, Nickens, Johnson
NAYS: None
A COPY TESTE:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
cc: File
Executive Session
ACTION NO. 031296-5
ITEM NUMBER
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: March 12, 1996
AGENDA ITEM: Authorization to execute settlement agreement
and release with APL Corporation concerning
Dixie Caverns Landfill Cleanup
COUNTY ADMINISTRATORS COMMENTS:
SUMMARY OF INFORMATION:
County Attorney Paul Mahoney advised the Board that a settlement
agreement and release had been reached with APL Corporation, one of
the potential responsible parties involved in the Dixie Caverns
Landfill cleanup. APL Corporation filed an involuntary petition
for Chapter 7 bankruptcy on June 25, 1993, and the County entered
a claim with the Bankruptcy Court on May 16, 1995 arising from an
action taken in 1990 against APL Corporation.
The proposed settlement agreement and release is attached.
FISCAL IMPACT: The agreement calls for payment of $300,000 to the
County of Roanoke to settle the claim against APL.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors authorize the
Chairman to execute the settlement agreement and release on behalf
of the County.
Approved (X)
Denied ( )
Received ( )
Referred ( )
To ( )
ACTION
VOTE
Motion by: Supervisor
Minnix
No
Yes Abs
to authorize Chairman
to exe-
Eddy
X
cute the settlement agreement
Harrison
X
and release on behalf
of the
Johnson
X
County
Minnix
X
Nickens
X
CC: Paul M. Mahoney, County Attorney
Diane Hyatt, Finance Director
File
MAR, -12' 96 (TUE) 14: 52 GENTRY. L0CRE, RASES&M
,Tus Mar 12 13:58:54 1996
TEL -1039839469 P.002
raga V.
V4 --%' ' _ 0_ik+4 Y ! i LC A
The Poet-Confizmation Committee and Disbursing Agent
under the Creditors, Committee's First Amended Plan of
Reorganization for the Debtor, APL Corporation (the "Plan"),
the reorganized APL Corporation (the "Reorganized APL")
and the Board of Supervisors of Roanoke County, Virginia
("Roanoke"), enter into this settlement agreement and release,
this ___ day of March, 1996.
Background
A. On June 25, 1993, an involuntary petition under
Chapter 7 of the Bankruptcy Code was filed against APL in the
United States Bankruptcy Court for the Southern District of
Florida, Miami Division (the "Bankruptcy Court"). By order
dated July 27, 1993, the Chapter 7 case was converted to a
case under Chapter 11. By order dated February 24, 1994,
Kenneth A. Wait was appointed as Chapter 11 trustee for the
estate.
B. December 27, 1993, was established as the dead-
line for filing proofs of claim in the case (the "Bar Date"),
Roanoke did not learn of the Bar Date until January 1995.
C. On May 16, 1995, Roanoke filed proof of claim number
62 in the amount of "$6,2001000 (minimum)" (the "Claim") for
amounts allegedly due from APL for the costs of remediating
a landfill owned and operated by Roanoke (the "Landfill").
The Clain arises out of an action filed by Roanoke in 1990
against APL and others (the "Virginia Defendants ), under
the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 ("CERCLA") as well as for common law
contribution, which is presently pending as Case No. 90-0623-R
(the "Virginia Action") in the United States District Court
for the Western District of Virginia (the "Virginia Court").
D. Roanoke alleges that APL is liable as the share-
holder of Evans Faints, the alleged successor of Evans
Products which allegedly sent hazardous substances to the
Landfill.
L. Four of the Virginia Defendants filed cross-claims
against APL in the Virginia Action, however, none of the
Virginia Defendants filed proofs of claim in the bankruptcy
case.
F. On June 8, 1995, the Bankruptcy Court entered an
order confirming the Plan. The Plan has since been substan-
LIAR. -12' 96 (Tl!E ) 14: 52 GENTRY, LOO E, R H_I Sk,!4
Two Mar 12 13238:54 1996
TEL:7039939469
tially consummated within the meaning of Section 1101 of the
Bankruptcy Code.
G. On August 4, 1995, the Post -Confirmation Committee
and Disbursing Agent (as successors in interest to the Credi-
torg, Committee and Chapter 11 Trustee, respectively) filed an
objection to the Claim (the "objection").
H. By order dated August Be 1995, the Disbursing Agent
established a reserve for the Claim based upon an allowed
amount of $1,250,000.
I. On September 19, 1995, Roanoke filed a motion to
withdraw reference and transfer venue of the Objection to
the Virginia Court. A hearing is presently scheduled on the
motion for March 15, 1996.
J. By order dated October 16, 1995, over the objection
of the post -Confirmation Committee and Disbursing Agent, the
Bankruptcy Court allowed the Claim as timely filed subject to
objections cn the merits (the "Order"). On October 30, 1995,
the Poet -Confirmation Committee and Disbursing Agent filed a
notice and joint motion for leave to appeal from the Order
(the "Appeal"). The Appeal is presently pending before the
United States District Court for the Southern. District of
Florida as Case No. 95-2587 (the "Florida District Court").
K. Roanoke has informed the Post -Confirmation CortsLit-
tee that it has incurred in excess of $6.0 million in remedi-
ating the Landfill in accordance with a consent order between
Roanoke and the Environmental Protection Agency, $5.0 million
of which was spent on the portion of the Landfill where Evans
Products' waste was allegedly disposed. Roanoke contends that
APLIs proportionate contribution liability for these cleanup
costs is approximately 15 percent based upon the amount and
toxicity of the wastes allegedly disposed of at the Landfill
by Evans Products.
L. The Reorganized APL, Pest -Confirmation Committee and
Disbursing Agent believe that AFL has no liability for the
Claim on the following grounds: (i) the Claim is time-barred;
(ii) the liable party under CERCLA is Evans Products Company
and not APL; (iii) Evans Products filed Chapter 11 in 1985 and
was discharged of all prepetition debts (which could include
any liability for any environmental claims or damages incurred
as a result of its prefiling disposal of wastes at the Land-
fill); (iv) APL is not liable for the debts of Evans Paints;
and (v) the allocable share of Evans Products would be sub -
2
P. 003
MAR: -1.' 9c iiGE) 14, 3 GENTRY, LOCKS, R4KES3,�i TEL:7039839469 ?. 00�
Tu• Mar 12 13:56:54 1996
stattially lees than 15 percent of the $5.0 million in clean-
up costs.
M. The parties agree that the Claim involves complex
legal and factual issues and that adjudication of the Claim
would be extremely costly and time-consuming.
N. The parties desire to resolve the Objection, Appeal,
Motion to withdraw Reference and the Virginia Action (as to
APL) without further litigation.
Accordingly, to accomplish the foregoing, and in consid-
eration of the mutual promises and conditions set forth below,
the parties agree as follows:
1. Not later than ten days following entry of a
final order of the Bankruptcy Court approving this Agreements
a. Roanoke shall file a motion in the
Virginia Court pursuant to Rule 41, Federal Rules
of civil procedure, for an order dismissing the
Virginia Action as to APL, with prejudice.
b. Roanoke shall file in the Florida
District Court a notice of dismissal of the Motion
to withdraw Reference with prejudice.
c. Roanoke shall use its best efforts
to cause each of the Virginia Defendants that filed
cross-claims against APL in the Virginia Action to
file motions in the Virginia Court pursuant to Rule
41, Federal Rules of Civil Procedure, for an order
dismissing the cross-claims as tc APL with preju-
dice.
d. The parties shall file in the
Florida District Court a stipulation of dis-
missal of the Appeal pursuant to Bankruptcy Rule
8001(c)(2).
in addition, if requested by the Post -Confirmation
Committee, the parties shall file a joint motion in the
Virginia Court seeking approval of this Agreement.
2. Within three days from the latest of the following
dates (i) ten days after the date the Bankruptcy Court enters
a final order approving this Agreement, (ii) thirty days after
the date the Virginia Court enters a final order dismiss-
ing the Virginia Action as to APL with prejudice and, if
F
KAR. -12' 96 (TUE) 14:34 GENTRY, LOCKS, RAKES01 TEL:' 39939469 P. 005
Tue Mor 12 13:513:54 1996 rasa a
requested by the Post -Confirmation Committee, approving this
Agreement, and (iii) thirty days after the date the Motion to
'Withdraw Reference is dismissed with prejudice I the Disbursing
Agent shall pay to Roanoke the spm of $300,000, plus interest
from the date of this Agreement at the rate earned by the Dis-
bursing Agent on funds held by it under the Plan in full sat-
istaction of the Claim. The Claim shall be deemed to be an
allowed claim of approximately $675,000 in Class 4 under the
Plan.
3. Roanoke agrees that upon its receipt of the
$300,000, Roanoke shall not allege or take any position which
would otherwise imply in the Virginia Action or otheraise that
AFL is liable for any amount greater than 15 percent of the
$5.0 million allegedly incurred by Roanoke in remediating the
Landfill. Notwithstanding, upon receipt of the $300,000,
Roanoke hereby releases and discharges t::e Post -Confirmation
Committee, the Disbursing Agent and the Reorganised APL
(collectively, the "Released Parties") from any demands,
damages, actions or suits at lav or in equity, whether past
or present, known or unknown, which Roanoke has or may have
against the Released Parties arising out of the Claim or
otherwise.
4. Roanoke agrees to defend, indemnify and hold
harmless the Released Parties for all claims relating to the
Landfill for a period of three years following the entry of
a final, ncn-appealable order resolving the Virginia Action.
selection of counsel to defend any such claim shall be in the
sole discretion of Roanoke.
5. It is the intent of the parties by entering
into this Agreement that the Released Parties shall have
contribution protection under CERCLA, 42 V.S.C. S 9613(f)(2),
for all claims arising under CERCLA or otherwise in relation
to the Landfill.
6. If the post -Confirmation Committee seeks to
have this Agreement approved by the Virginia Court, Roanoke
shall not object and shall provide the Post -Confirmation
Committee and Disbursing Agent with reasonable assistance,
including, the filing of a joint motion for such approval.
7. Each party to this
costa and expenses related to the
including, without limitation,
respective counsel.
4
Agreement shall bear its own
matters contemplated herein,
costs and expenses of their
MAI -1?' 96 (TUE) 11:54 GENTRY, LOCKS, RAKES01
•Tue Mar 12 13:56:54 1996
8, This Agreement shall
to the benefit of the parties and
successors, assigns, personal and
employees and affiliates.
TEL.11059859469 P. 006
Paea 6
be binding upon and inure
their respective heirs,
legal representatives,
9. Any action, suit or other proceeding relating
to this Agreement, including any claim against a Released
Party for contribution or otherwise in relation to the Land-
fill, shall be brought exclusively in the Virginia Court and,
to the fullest extent permitted by law, any objection to the
jurisdiction of such court or o! venue of any such action,
suit or other proceeding ( including a claim that such court is
an inconvenient forum) is hereby waived by each party and by
each party in interest to any proceeding in which this Agree-
ment or the terms of the settlement provided for herein has
been approved.
10. Each of the undersigned 'agents or attorneys
represent and warrant that they have the authority to execute
this Agreement and that the parties to this Agreement have
agreed to all of the terms and conditions set forth herein.
IN wITNEss mEREOF, the undersigned parties have, through
their respective authorized agent or attorney, executed and
delivered this Agreement and Release as of the date firat
written above.
POST -CONFIRMATION COMMITTEE
NAM.
7
DISBURSING AGENT
Bys
NAM
5
MAR. -12' 95 (TUE) 14:55 GENTRY, LQCKE, RAKES&',1 TEL:11039839469
P. 007
Tue Mar 12 13:56:24 1996 r-a1V r
PROVED ISS ;O Fu'fl
IMM4.1
API L CORPORA ION
Bye
NAME
BOARD OF SUP ERV OF
ROANOK3 COUNT' RGINYA
BY'_ �_