Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, May 8, 1990 TAG: 9005080447
SECTION: VIRGINIA PAGE: B3 EDITION: METRO
SOURCE: JOEL TURNER MUNICIPAL WRITER
DATELINE: LENGTH: Medium
But he said he doesn't think the document that outlines the city's legal and financial commitment to the project is "completely fair," even though the corps has agreed to make several changes in recent weeks.
The so-called local cooperative agreement, required for federal-local flood control projects, is the last major legal hurdle to assurance that the Roanoke River project will proceed.
Without the agreement, the federal government would not undertake the project or provide its share of the costs. Until the document has been signed, the city cannot legally acquire the land and easements that will be needed.
The city had no problem with its commitments on the construction costs because only minor changes have been made in the earlier projections. The project is estimated to cost $34.6 million, with the federal share at $20.5 million and the city's at $14.1 million.
But Herbert had objected to language that required the city to assume most of the liability on the project.
The agency wanted Roanoke to pay the cleanup costs for any old hazardous-waste disposal sites that might be uncovered by the contractor when the river channel is widened.
City officials did not want to agree to that because they could face potentially large costs - hundreds of thousands of dollars or more - for such a cleanup.
The corps also wanted the city to assume responsibility for the project's design and damages that might result from its construction, operation and maintenance. City officials argued that the corps should assume this liability because it designed the project.
An earlier version of the agreement also would have given the corps final control over the construction contract and change orders. But city officials said they need assurance that the project will be built in accordance with the approved plans so that promises to city voters on environmental and aesthetic issues will be kept.
The city sought the help of Sen. John Warner, R-Va., and Rep. Jim Olin, D-Roanoke, to help resolve several issues in the negotiations with the corps.
Herbert and Kit Kiser, chairman of the city Flood Plain Committee, told City Council on Monday the corps has agreed to make changes they can now support, but the city didn't get everything it wanted.
Kiser said the corps has agreed that the project will be constructed "substantially in compliance with plans and specifications approved by both parties."
The city still will be required to pay for the cleanup of any hazardous waste, Kiser said, but the agreement provides that the corps and city will decide jointly how to proceed if any hazardous material is discovered.
Project plans were revised earlier to avoid two sites where hazardous waste is thought to be buried: one near the old American Viscose plant in the Roanoke Industrial Center and the other an old city landfill where Tinker Creek flows into the river. The river banks will not be graded in either area.
Kiser said installation of an early flood-warning system, the first phase of the project, may begin by late summer. But he said channel widening is not expected to begin until late 1991 or early 1992.
The project includes widening the channel and construction of flood walls at several places along the river's 10-mile length within the city. It also includes a 4.6 mile bicycling and jogging trail.
City voters approved a $7.5 million bond issue last year to help pay the city's share. The remaining $6.6 million will come from several sources: earlier appropriations, land donations and state recreation funds.
by CNB