Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, November 10, 1994 TAG: 9411100085
SECTION: VIRGINIA PAGE: C1 EDITION: METRO
SOURCE: DAN CASEY STAFF WRITER
DATELINE: LENGTH: Medium
Board of Supervisors Chairman Lee Eddy said he hopes the county can negotiate an end to the simmering dispute, rather than having the matter settled by a judge.
Eddy's comments followed the signing of the sewage treatment plant agreement by major elected officials from the city, county, Salem, Vinton and Botetourt County at Roanoke Regional Airport on Wednesday.
"I'm hoping that we can actually come to some negotiated settlement on that before it gets to court. ... I think there's an atmosphere that exists that might lend itself to negotiation," Eddy said.
The dispute stems from a 1979 contract under which the county agreed to buy 2.5million gallons of water daily from the city through 2009.
A broadly worded provision of the contract calls for the city to add capital improvement costs to the county's water bill. Such costs were added in 1990 after improvements were made to the water system, but the county contends those benefit only the city, so the county shouldn't have to pay for them. City officials say the improvements benefit the entire water system, not just Roanoke.
The county also contends that the contract may violate the state constitution, because it created long-term debt for the county without voter approval.
The city filed suit in Roanoke Circuit Court in 1992, and then a new spat arose: Which court has venue, the city's or the county's?
Recent motions in the case have been pending for months before county Circuit Judge Kenneth Trabue, who has not issued an opinion and who will retire at the end of the year.
But with the new spirit of cooperation, Eddy said, officials may be able to work it out before the judge rules. The Board of Supervisors this summer sat down for lunch with City Council, the first time in years the two groups got together.
"Up until now, negotiations have pretty much been handled at the staff level. The question in my mind is whether we should continue in that vein or get others involved," Eddy said.
In the past, the county has suggested settling for zero, overtures that the city quickly rejected.
Roanoke Mayor David Bowers declined to discuss Eddy's comments.
"On any matter that's in litigation, my policy is not to comment without first consulting with the city attorney," he said.
City Attorney Wilburn Dibling was unavailable for comment.
But Councilman Delvis "Mac" McCadden said he doubts the two sides can ever settle their differences amicably over the water bills. Attorneys for each side are steadfast in their beliefs they will prevail, he said.
"I'd like to see that happen, but I don't think it will," McCadden said. ``This is not a right and wrong issue. Like any argument, there are two sides. As much as I believe in the city's side, I understand the county's side. It's not a right and wrong issue.''
by CNB