HomeMy WebLinkAbout10/10/2023 - RegularRoanoke County
Board of Supervisors
October 10, 2023
INVOCATION: Pastor Chuck Stanley
Cave Spring Baptist Church
PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG
Disclaimer:
"Any invocation that may be offered before the official start of the Board meeting
shall be the voluntary offering of a private citizen, to and for the benefit of the
Board. The views or beliefs expressed by the invocation speaker have not been
previously reviewed or approved by the Board and do not necessarily represent
the religious beliefs or views of the Board in part or as a whole. No member of
the community is required to attend or participate in the invocation and such
decision will have no impact on their right to actively participate in the business of
the Board."
Page 1 of 4
Roanoke County
Board of Supervisors
Agenda
October 10, 2023
Good afternoon and welcome to our meeting for October 10, 2023. Regular meetings
are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at
7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be
announced. The meetings are broadcast live on RVTV, Channel 3, and will be
rebroadcast on Thursday at 7:00 p.m. and on Sunday from 10:00 a.m. until 5 p.m.
Board of Supervisors meetings can also be viewed online through Roanoke County's
website at www.RoanokeCountyVA.gov. Our meetings are closed -captioned, so it is
important for everyone to speak directly into the microphones at the podium. Individuals
who require assistance or special arrangements to participate in or attend Board of
Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least
48 hours in advance. Please turn all cell phones off or place on silent.
A. OPENING CEREMONIES
1. Roll Call
B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA
ITEMS
C. NEW BUSINESS
1. Resolution approving a Comprehensive Agreement between the County and
G&H Contracting, Inc. regarding construction services for the Bonsack fire station
(Peter S. Lubeck, County Attorney; George Assaid, Capital Projects
Administrator)
Page 2 of 4
D. FIRST READING OF ORDINANCES
1. Ordinance approving a permanent easement to the City of Roanoke on property
owned by the Roanoke County Board of Supervisors (Roanoke County Tax Map
Number 060.11-04-17.00-0000) for the purpose of constructing and maintaining
the City of Roanoke's Glade Creek Stream Restoration Project (Lindsay Webb,
Parks Planning and Development Manager)
E. PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance approving and authorizing the execution of cable television franchise
agreement by and between the County of Roanoke and Shenandoah Cable
Television LLC (Peter S. Lubeck, County Attorney)
F. APPOINTMENTS
1. Roanoke County Board of Zoning Appeals (BZA) (appointed by District)
2. Roanoke County Economic Development Authority (EDA) (appointed by District)
3. Roanoke County Library Board (appointed by District)
4. Roanoke County Parks, Recreation and Tourism Advisory Commission
(appointed by District)
G. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY
THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION
IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT
ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY
1. Approval of minutes — August 8, 2023; August 22, 2023
2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Billy Fadorick, Application Services Manager, upon his retirement after
twenty-six (26) years of service
3. Designation of voting delegate to the Virginia Association of Counties (VACo)
Conference to be held November 12-14, 2023
4. Ordinance approving a permanent easement to the City of Salem for the erection
of a public bus shelter located at 305 East Main Street, Salem, Virginia (the
Roanoke County Courthouse property)
H. CITIZENS' COMMENTS AND COMMUNICATIONS
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I. REPORTS
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
J. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Paul M. Mahoney
2. David F. Radford
3. P. Jason Peters
4. Phil C. North
5. Martha B. Hooker
K. ADJOURNMENT
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ACTION NO.
ITEM NO. C.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 10, 2023
AGENDA ITEM:
Resolution approving a Comprehensive Agreement between
the County and G&H Contracting, Inc. regarding construction
services for the Bonsack fire station
SUBMITTED BY: Peter S. Lubeck
County Attorney
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Approval of a comprehensive agreement between the County and G&H Contracting,
Inc., regarding construction services for the Bonsack Fire Station
BACKGROUND:
At the County Administrator's direction, a request for proposals pursuant to the Public -
Private Education Facilities and Infrastructure Act (PPEA) was issued for the
construction of a new County fire station which will be located at 1465 Mexico Way, NE
in the City of Roanoke, which fire station shall be known as the Bonsack Fire Station.
Following the receipt of proposals, the Board, on October 20, 2022, held a public
hearing to receive citizen comments on such proposals, as required by the County's
adopted PPEA guidelines. After the public hearing and the process of competitive
negotiation, County purchasing staff selected G&H Contracting, Inc. (G&H) as the party
with whom to pursue the design and construction of the Bonsack Fire Station.
On February 28, 2023, the Board approved an interim agreement with G&H for pre -
construction services, which included, among other services, site plan design, site
permitting review and approvals, and building design development for the Bonsack Fire
Station. Pursuant to the interim agreement, the County paid G&H $367,950 for the
agreed -upon pre -construction services.
Page 1 of 2
DISCUSSION:
G&H has completed the pre -construction services. County staff and G&H have
negotiated a comprehensive agreement for the construction of the Bonsack Fire Station
for a guaranteed maximum price of $8,012,308.
If the agreement is approved, it is anticipated that construction of the Fire Station will be
completed in late 2024.
Due to file size, the following Exhibits can be found at the following link:
<https://www.roanokecountyva.gov/DocumentCenter/Index/2114>
Comprehensive Agreement - Bonsack Fire Station
Exhibit 1 - Interim Agreement
Exhibit 2 - Project Plan and Project Manual
Exhibit 3 - Attachment A
Exhibit 3 - Additional Scope
Exhibit 3 - Attachment B
Exhibit 3 - Attachment C
Exhibit 4 - GMP Detailed Pricing
Exhibit 5 - Project Schedule
STAFF RECOMMENDATION:
Staff recommends that the Board, by resolution, approve the agreement.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 10, 2023
RESOLUTION APPROVING A COMPREHENSIVE AGREEMENT
BETWEEN THE COUNTY AND G&H CONTRACTING, INC.
REGARDING CONSTRUCTION SERVICES FOR THE BONSACK FIRE
STATION
WHEREAS, at the County Administrator's direction, a request for proposals
pursuant to the Public -Private Education Facilities and Infrastructure Act (PPEA) was
issued for the construction of a new County fire station which will be located at 1465
Mexico Way, NE in the City of Roanoke, which fire station shall be known as the
Bonsack Fire Station; and
WHEREAS, following the receipt of proposals, the Board, on October 20, 2022,
held a public hearing to receive citizen comments on such proposals, as required by the
County's adopted PPEA Guidelines; and
WHEREAS, following the process of competitive negotiation, County purchasing
staff selected G&H Contracting Inc. (G&H) as the party with whom to pursue the design
and construction of the Bonsack Fire Station; and
WHEREAS, on February 28, 2023, the Board approved an interim agreement
with G&H for pre -construction services, which included, among other services, site plan
design, site permitting review and approvals, and building design development for the
Fire Station; and
WHEREAS, G&H has concluded such pre -construction services and County staff
and G&H have negotiated a comprehensive agreement for construction of the Fire
Station; and
Page 1 of 2
WHEREAS, pursuant to the County's PPEA Guidelines, the Board of Supervisors
must approve any interim or comprehensive agreement entered into pursuant to the
PPEA between the County and a private entity; and
WHEREAS, it is proposed that the County now enter into a comprehensive
agreement with G&H Contracting, Inc., for the construction of the Bonsack Fire Station.
NOW, THEREFORE, BE IT RESOVLED by the Board of Supervisors of
Roanoke County, that
1. The County Administrator, Deputy County Administrator, or Assistant County
Administrator is authorized to execute the proposed comprehensive agreement
with G&H Contracting, Inc., for construction services for the Bonsack Fire
Station, which shall be approved as to form by the County Attorney.
2. This resolution shall be effective upon its adoption.
Page 2 of 2
ACTION NO.
ITEM NO. D.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 10, 2023
AGENDA ITEM: Ordinance approving a permanent easement to the City of
Roanoke on property owned by the Roanoke County Board
of Supervisors (Roanoke County Tax Map Number 060.11-
04-17.00-0000) for the purpose of constructing and
maintaining the City of Roanoke's Glade Creek Stream
Restoration Project
SUBMITTED BY: Lindsay B. Webb
Parks Planning and Development Manager
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
The City of Roanoke has requested an easement for their Glade Creek Stream
Restoration project proposed near Gus Nicks Boulevard on property owned by the
Roanoke County Board of Supervisors located in the Town of Vinton, identified as
Roanoke County Tax Map No. 060.11-04-17.00-0000.
BACKGROUND:
The City of Roanoke proposes to construct a stream restoration project on Glade Creek
that will extend approximately 1,500 feet downstream and 800 feet upstream of Gus
Nicks Boulevard in order to lower sediment discharges to the stream in accordance with
the requirements of its Municipal Separate Storm Sewer System Permit. A portion of
this project is proposed to be constructed on property owned by the Roanoke County
Board of Supervisors which is located in the Town of Vinton, and identified as Roanoke
County Tax Map No. 060.11-04-17.00-0000.
The project has been designed by Stantec and is being partially funded by the City of
Roanoke using a Virginia Stormwater Local Assistance Fund (SLAF) grant.
The Deed of Easement was prepared by an attorney for the City of Roanoke, in
Page 1 of 3
consultation with County staff; and has been reviewed by the County Attorney's office.
The Town of Vinton has also been consulted, and they have no objections to this
project.
Additionally, pursuant to authority granted by the Board of Supervisors, the County of
Roanoke entered into a Memorandum of Understanding with the City of Roanoke on
June 27, 2023, to allow the City of Roanoke to act as the local permitting authority for
the Erosion and Sediment Control and the Virginia Stormwater Management Program
for the portion of their project that is located in the County of Roanoke.
DISCUSSION:
The City of Roanoke is requesting the following easement on the subject parcel
identified as Tax Parcel 60.11-04-17.00-0000, owned by the County of Roanoke and
located within the Town of Vinton:
"New Variable Width Maintenance Easement" containing 28,388 square feet,
more or less, depicted on the plat entitled "Easement Plat Showing Variable
Width Permanent Maintenance Easement (28,388 Square Feet /0.6517 Acres)
along Glade Creek to be granted to the City of Roanoke, Virginia, by the
Roanoke County Board of Supervisors, Situated adjacent to Vale & Kermit
Avenues N.E. and Gus Nicks Boulevard Town of Vinton, Roanoke County,
Virginia" dated July 5, 2023, prepared by Lumsden Associates, P.0
The property currently contains the Glade Creek Greenway, a greenway trailhead
parking lot, athletic fields, a bus garage, and a parking area for Roanoke County
Schools. The County of Roanoke donated easements for the Glade Creek Greenway to
the Town of Vinton in 2016 and 2019.
Construction will be totally contained within the stream restoration easement area along
the creek. Construction access for the work is planned from the west (City of Roanoke)
side of the creek along Kermit and Vale Avenues with no access occurring across the
County owned property. The public using the Glade Creek Greenway will be separated
from the construction activities by a construction safety fence.
Construction within the easement is anticipated to begin in the Fall of 2023. Once
construction is complete, the City of Roanoke will be responsible for all future
maintenance.
The construction and operation of the City of Roanoke's Stream Restoration of Glade
Creek is not anticipated to impact any County park facilities or uses.
Page 2 of 3
FISCAL IMPACT:
There are no fiscal impacts anticipated to Roanoke County as a result of this agenda
item.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of this ordinance and scheduling of the
second reading for October 24, 2023.
Page 3 of 3
Pattern legend
AVMS (Fmd/P9E919)
Concrete
85*4
•
Valubb 61dth
Maintenance Easement
SYMBOL LEGEND
Properly Monument
Property Corner
Property Line
Street Light
Utility Pole
Guy Wire
Electric Transformer
ABBAEWAIION DESCRIPTION
71/71y00 CupoWVh nr710werPCompany
00 Overhead OuIilities
Notes.
1) MIS FIAT IS BASED ON A CURRENT 6770 SURFS..
BOUNDARY PREFORMED ANE 6th, 2021 AND PHYSCL UMPROYENEH7S MEMBER
3rd MOOCH DEC7NER 36 2020.
2) D05 RAT WAS PREPARED SNOUT THE 80017T CPA CURRENT RILE
REP87T AND ENCUMBRANCES MAY UST I RCH AFFECT RE SUBJECT
PROPWFY THAT ARE NOT SHORN /ENEOV.
3) TIE PROPLRTY LIES MINN RE U875 OF A .SPECIAL R000 HAZARD
AREA AS OEVOFA7ED BY E.E.MA MS ORISON IS BASED ON AN olWECDON
OF BE FLOOD INSURANCE RATE MAPS AND HAS BEEN SEWED BY ACTUAL
1E7D 6EVA0C640, 55E MAP MASER 5II61C01675 DATED SPOILER 24
2007. ZONES 'IE; Y (SHADED) & Y (UNSHADED).
5 RE HORIZONTAL MAD 83) 8 WTRT7CAL CYN7RO CRAW/ 88) FOR 7700 PROJECT
WAS BASED ON TRIMBLE' REACT WTS OS NEWS AND LIES 10 RE WY
ROAN8E CPS CTNTS&
& COCRONA7E VALUES AS SHOWN HEREON ARE SURFACE COOR]08A7R'
ESTABFS7ED BY SCALING THE GRID COOK MAIE4 AT POST 110003
0436304
C61 86X E1107527&76530, ELEV.:97&177 BY A COMBINED SCALE
FACTO241.
7. FOR CAMP; SOME PHYSICAL LMPROIEENTS AND THE SPECIAL ROOD
HAZAfiO AREA& AS DESLNA]ED BY FEW, ARE NOT SWAN HEREON.
LINE TABLE
—NEW VARIABLE WIDTH
EASEMENT
•••»
?K: MAINTENANCE
IRE
BEARING
DBTANCE
1BE
BEAMS
DISTANCE
Cl-C2
N 4972YY E
7.26'
CZSC26
N 24297Y E
31.35'
62-0.3
N saute E
20.95'
526-627
N 315657E
3215'
5,5-54
N 60)T2Y E
28.96'
C27-C26
N 3798d4' E
3A40'
04-05
N 377591' E
17.92'
C26-028
N 53'492T E
21,92'
65-66
N 207704' E
11.42'
729-630
N 400.256' E
44.67
C6-C7
N 347676' E
3329'
C&O-CM
N 485075 E
36,54'
77-128
N 417250' E
6565'
20-632
N 742070' E
1279'
C8-C9
N 395870' E
49.11'
C32-CM
N 4979'28* E
69.I2'
C9-C70
N 3009'16' E
1&84'
03-C34
N 539626' E
3920'
CIO-CI7
N 152126' E
3397
C34-05
N 61570Y E
4258'
C11-02
N 0502Y14' E
27.80'
G35-06
N 0697'57' W
4.89'' e
612-673
N 087633' E
30.97
636-237
N 05995' W
27.13'
CI3-C74
N 773150' E
3&82'
C37-C38
S 55.35'28' W
79&14'
C/4-CI5
N I500L5' E
7291'
C38-C79
5 4818'20' W
4412'
215-276
N 1245'00' W
19.97
639-640
5 4121120' W
65,57'
616-677
N 074007 E
2300'
040-641
S 3571.43 W
6081'
917-00
M 072733' W
2065'
C4I-C42
5 7834'06' W
9&4Y
CIB-679
N 06795P E
1588'
C42-C43
S 0552'49' W
127.24'
CI9-C20
N I059Tr E
35.50'
C45-C44
S 0274123' W
11357'
020-721
N 020227' W
4025'
044-6.45
5 /12729' W
21501'
C27-02
N 047111'E
6900C45-C48
5 415702' w
210.33'
C22-C23
N 120715' E
37.37
C46-C47
S 437Y16' W
18.65'
627-624
N 1629717E
3240'
647-0
$ 405270' E
2807
C24-C25
N 3371647 E
1085'
'' -
Denotes Card Bemh9 8 Distance
Told Ana. 0.6577 Acme / 21(.788 Swam Feet
CURIE
C35-C36
RA@US
90.10'
LENGTH
4.89'
CURVE TABLE
TANGENT
2.45'
011010
4.89'
BEARING
N 069757'
DELTA
39646'
INSTRUMENT #
IN R4E CLERK'S OFFICE OF THE OSCINE COURT OF
ROANOCE COUNTY, WRONIA, THIS PLAT PATH NE
CER97TCA7E OF ACKN084EDGMENT, RERETO ANNEXED, IS
ADMITTED 7l9 RECORD 2V 2023
AT _ O'CLOCK _.M.
71107EE RHONDA D. PERDUE, CLERK
DEPUTY CLERK
Easement Plat Showing
Variable Width Permanent Maintenance Easement
(28,388 Square Feet/0.6517 Acres) along Glade Creek
to be granted to the
City of Roanoke Virginia
by the
Roanoke County Board of Supervisors
Situated adjacent to Vale & Kermit Avenues N.E. and Gus Nicks Boulevard
To.. of Vinton
Roanoke County, Virginia
a
INSTRUMENT #
!!►1 1 1 1 1 i
� Otis L_-1--L_L_1-_L_L__
Vale Avenue N.E. ..gP 5,
OS� r ''—
e� I Kenwood Subdivision ®..'
'P.a 1, PG 256 (Roanoke County)
' Gay Plan 2ta ' ' - ••
•
_ -�1 __ rr
f Prop and Easement Boundary
I ' . from Comas C-37 through C-47
runs with the Center of Glade Creek \ A4
1 l ' ' ' being the Division Line of / r ,'`.
e d Roanoke County/Town of tmton aS�
r and Dle City o/ Roanoke Vkglnla ® �'�
... APOD AfP f155-I55I. l
Graphic Scale
D. 30' 60' 120'
Marlon
street
Or1wv lam
J''J '�"
.�r' 1.
_ ASP' b
r, ' 8
- _
'-- _ 25 Sanitweger y SEasement
,—g0 4E1 _ (Instmmenl /201203791)
—� I3
r
I \ \\
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len
--•Rio
al.,PE4R1110174111, WOO ROD
p yt 9
1' inch = 60' Feel
Ida 11111111101 'en m3
80' Greenway Ease 9)
(Instrument 1
Tax /t00.11-04-17,00-0IXO
Preyerty of
ROANOKE COOJN70 BOARD OF SPONSORS
Inefromnt /f013/3B68
Lot A -IA. Canty School Bawd Sddaddn
Instrument /2m212052 (Plat)
Nth A
--s—humn�f1t07ccess
—.9\)—
im /O60.n-04-2600-0000 \\
Br4 1170 D.0
Msimmnt /201705B66
Lot 0-1, County Shod Board .Addlx lon
Inetma nt /201212052 (Plot)
INSTRUMENT #
K e n w o o d Subdivision
P.a 1, PG. 25B (Rownulm County)'
' — _ L City Plan 2960A[ _ _ l
� _t • 55-A4-�629
New Variable Wath
Maintenance Easement
m••• fCicrram774.771•••iii. 7ippr•:..q_714mtvtiojitiiity
1
Roanoke County Career Center
10'x 10' 0rohoge Easement
Teo /06011-01-17.00-0000
Prow6Ty 06
ROA,Wy0 COUNTY BOARD Or SUPERWSORS
Amtrument /10I313869
Lot A -IA, County School Band Sv6d elan
Instrument /201212852 (Plot)
Tax /06011-04-21.00-0000
Property of
70NI OF WNRr
Deed Book 164, Page 145
Property of
TOr! OF VINTON
Vantea Right -of -Way
0d Wnka NB Rood
4BDT Project #)040-128-11h
RW-20I, C-501, Sheets 6-8
Variable Width Greenwoy Easement
(Instrument 1201908631)
Easement Plat Showing
Variable Width Permanent Maintenance Easement
(2$388 Square Feef/0.6517 Awes) dreg Glade Creek
to be granted to the
City of Roanoke, Virginia
by the
Roanoke County Board of Supervisors
Situated adjacent to Vale & Kermit Avenues N.E. and Gus Nicks Boulevard
Town of Vinton
Roanoke County, Virginia
\ \ "
•
\\\ \
\\ \ \
INSTRUMENT #
Prepared by:
David L. Collins
Senior Assistant City Attorney
VSB #42673
Office of the City Attorney
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 464
Roanoke, VA 24011
Exemptions claimed: Grantee is exempted from Clerk's fees pursuant to §17.1-266, Code of
Virginia.
Grantor and Grantee are exempted from recordation taxes
and fees, pursuant to §58.1-811(A)(3) and §58.1-811(C)(3), Code of Virginia.
Roanoke County Parcel No. 060.11-04-17.00-0000
Property Owner: Roanoke County Board of Supervisors
THIS DEED OF EASEMENT is entered into this _ day of , 2023, by
ROANOKE COUNTY BOARD OF SUPERVISORS ("Grantor"), and the CITY OF ROANOKE, VIRGINIA,
a municipal corporation organized and existing under the laws of the Commonwealth of Virginia
("Grantee"),
WITNESSETH:
WHEREAS, Grantor is the owner of certain real property located in the Town of Vinton,
in Roanoke County, Virginia, at 301 Gus Nicks Blvd., Roanoke, Virginia, and designated as Roanoke
County Parcel No. 060.11-04-17.00-0000 ("Property"),
WHEREAS, Grantee needs a permanent maintenance easement across the Property to
perform work and perpetual maintenance in connection with the City of Roanoke's Glade Creek
at Gus Nicks Blvd Stream Restoration Project ("Project"), a public works project designed to
reduce sediment loads within the Roanoke River by stabilizing and restoring approximately 2,921
of linear feet of Glade Creek, a tributary of the Roanoke River, and provide for the installation of
stream features and bank structures, grading for floodplain reconnection, and increased flood
storage, and establishment of a riparian buffer, and perform such other work on the Property, as
described herein (the "Work"); and
WHEREAS, Grantor desires to convey such easement to Grantee upon the terms and
conditions stated below.
NOW THEREFORE, THAT FOR AND IN CONSIDERATION of the sum of TEN AND NO/DOLLARS
($10.00) cash in hand paid by the Grantee to Grantor, receipt of which is hereby acknowledged,
and of the benefits to accrue to Grantor from the construction of the Project, and the above
recitals which are incorporated herein, Grantor hereby GRANTS AND CONVEYS unto Grantee, a
permanent public maintenance easement ("Easement") across certain sections of the Property as
shown on the sheets attached hereto as Exhibit A, which are incorporated herein by reference,
for the purpose of completing the Project, as further described in the above recitals in connection
with the Work, including and not limited to, installing and thereafter maintaining, and operating
the Project within the area of the Easement, with all necessary appurtenances thereto, and
Grantor does hereby assign, transfer and set over unto Grantee any and all right, title and interest
it may have in and to said facilities and all necessary appurtenances, which interest shall not
interfere with Grantor's use of its property, thereto installed by Grantee within the area of such
Easement, said Easement being over, through and across a portion of real estate lying in the Town
of Vinton, in Roanoke County, Virginia, bearing Roanoke County Official Parcel No. 060.11-04-
17.00-0000:
Roanoke County Official Parcel No. 060.11-04-17.00-0000:
A NEW VARIABLE WIDTH PERMANENT MAINTENANCE EASEMENT, containing
28,388 square feet, more or less, depicted on the plat entitled " Easement Plat
Showing Variable Width Permanent Maintenance Easement (28,388 Square
Feet /0.6517 Acres) along Glade Creek to be granted to the City of Roanoke,
Virginia, by the Roanoke County Board of Supervisors, Situated adjacent to Vale
&Kermit Avenues, N.E. and Gus Nicks Boulevard Town of Vinton, Roanoke
County, Virginia" dated July 5, 2023, prepared by Lumsden Associates, P.C., on
record in the Clerk of Circuit Court's Office for the County of Roanoke as
Instrument No. , on file in the Stormwater Division for the
City of Roanoke, Virginia.
The Grantee agrees to provide two (2) working days' prior written notice to the Grantor
before entering the Property to perform any of the Work, including without limitation design,
surveying, and other preliminary tasks related to the Work.
Grantee agrees that the construction of the Project will not result in any excavation that steepens
any slopes within 5-feet of the edge of pavement of the existing Greenway. In the event that
construction results in excavation occurring within 5-feet of the edge of pavement of the existing
Greenway, the Grantee shall correct the grading to restore original grade or provide other
provisions acceptable to the County.
Grantor acknowledges that Grantee shall have the foregoing rights within the area of
the Easement, subject to any and all existing limitations that may be imposed by easements or
conveyances that exist as of the time of execution of this Instrument:
1. To perform excavation, and removal and disposal of excavation soil in
accordance with all local, state and federal laws.
2. To clear brush, trees, debris, undergrowth, and remove other obstructions
located within the area of the easement. The City and its contractors have
inventoried all trees within project limits above 12" DBH, and have indicated
protection of some specific trees identified in Exhibit B. Trees that have been
identified to be saved shall have tree protection installed around them, and the
County shall approve the installed tree protection, prior to the start of work.
3. To remove and replace any County owned utilities that may need to be moved,
at Grantee's sole cost and expense
4. Regrading and excavation of stream banks.
5. To install various natural and artificial structures within the area of the
Easement to reduce soil erosion.
6. To perform any additional activities reasonably related to stream bank
stabilization and restoration, and the rights conveyed above.
7. To maintain the Work under the City's Long-term Maintenance guidelines per
grant funding requirements. On an annual and as needed basis, perform
inspection of the Work to ensure proper structural integrity and management of
invasive plant species outlined in Exhibit C.
8. If after the completion of construction, the Grantee desires to cut down any
tree with a size greater than 4" DBH, The Grantee shall obtain the Grantor's
written approval prior to cutting the tree down. Any brush or trees or other
vegetation that is cut for maintenance purposes shall be removed from the
property by the Grantee.
Grantee further acknowledges that upon completion of the Project, it will restore any of
Grantor's Property disturbed or damaged solely a result of Grantee's Work, to the same
condition in which the Property existed prior to commencement of the Work performed by
Grantee within the area of the Easement, at Grantee's expense. The Grantor agrees that the
Grantee will not be expected to restore the Property to the identical original condition, but
rather as near thereto as is practicable to the same condition in which the Property existed at
the time Grantee's work within the Easement commenced, and that the Grantor, at no cost to
Grantor, will cooperate with the Grantee in effectuating such restoration.
Grantee undertakes both directly and through its contractors, to take every
reasonable precaution at all times for the protection of all persons and property at the location
of the Work or in the vicinity of the Work or that may be affected by it or such contractor's
operation in connection with the Work. Grantee agrees to require its contractors performing the
Work to maintain adequate protection of all the Work to prevent damage to it and shall protect
property from any injury or loss arising in connection with the Work, and to protect adjacent
property owners to prevent any damage to it or loss of use and enjoyment by its owners. Grantee
agrees to require its contractors to be responsible for the entire Work, and to indemnify and hold
harmless Grantor for any claims brought against Grantor arising solely from the Work performed
by such contractors on the Property.
Grantor acknowledges that it will take no action to obstruct the Easement herein
granted, and that Grantor shall not construct or build any improvement within the area of the
Easement that might adversely impact the operation of the Project. Grantor shall obtain the
written approval of the Grantee, which will not be unreasonably withheld, prior to constructing
or building any improvement within the area of the Easement.
Grantor maintains the right to access the Easement area to perform any self-imposed
inspections, or oversight of performance of the Work and thereafter. At the Grantor's request,
the Grantee will coordinate walkthroughs of the Project to ensure protection, and maintenance
of the Property within the Easement area.
The Easement conveyed herein, and the terms, conditions, and restrictions imposed
therein, shall be binding upon the Grantor and Grantor's agents, heirs, and assigns, and successors
in title, and shall continue as a servitude running in perpetuity with the Property.
The City of Roanoke, Virginia, by and through its duly authorized City Manager, accepts
this conveyance in accordance with Section 15.2-1803 of the Code of Virginia (1950) as amended
as evidenced by his signature below.
Richard L. Caywood, County Administrator of Roanoke County, Virginia, hereby joins in
the execution of this instrument to signify the approval by the Roanoke County Board of
Supervisors of this Deed of Easement pursuant to Ordinance approved by the Roanoke
County Board of Supervisors on the day of , 2023.
WITNESS the following signatures and seals:
GRANTEE:
CITY OF ROANOKE, VIRGINIA
By:
Robert S. Cowell, Jr., City Manager
Approved as to Form: Approved as to Execution
Assistant City Attorney Assistant City Attorney
City of Roanoke City of Roanoke
COMMONWEALTH OF VIRGINIA'
CITY/COUNTY OF
' To -wit:
GRANTOR:
ROANOKE COUNTY BOARD OF
SUPERVISORS
By: (SEAL)
Printed Name:
Title:
The foregoing instrument was acknowledged before me this day
of , 2023, by , the , of
Roanoke County Board of Supervisors , for and on behalf of the Roanoke County Board of
Supervisors.
My Commission expires:
Notary Public
Registration No.
Exhibit A
Delineation of Temporary Construction and Permanent Maintenance Easement
Attached as separate document
Exhibit B
Specifications for Tree Protection within Easement
Eleven (11) trees with a DBH greater than 12" have been identified within the Project LOD and
within the requested Easement area as "save". In addition to the adherence of all federal, state,
and local requirements for tree clearing and disposal of trees designated for removal as part of
Work, these save trees shall be protected following the Virginia Erosion and Sediment Control
measures outlines in Standard and Spec. 3.38. Referencing Spec. 8d, Plastic fencing shall be used
to protect the save trees and their drip lines to the extent possible. The Work within the
requested Easement consists of light hand -grading, and planting, with no large equipment
infringing on the drip line areas.
d. Plastic Fencing - 40-inch high "international orange" plastic (polyethylene) web
fencing secured to conventional metal "T' or "U" posts driven to a minimum
depth of 18 inches on 6-foot minimum centers shall be installed at the limits
of clearing. The fence should have the following minimum physical qualities:
Tensile yield: Average 2,000 lbs. per 4-foot width (ASTM D638)
Ultimate
tensile yield: Average 2,900 lbs. per 4-foot width (ASTM D638)
Elongation
at break (%): Greater than 1000% (ASTM D638)
Chemical
resistance: Inert to most chemicals and acids
1992
CORRECT METHODS OF TREE FENCING
CORRECT TRUNK ARMORING
TRIANGULAR BOARD FENCE
Source: Va. DSWC
3,38
Plate 3.38-2
Exhibit C
Long-term Maintenance of the Project
The following monitoring requirements have been outlined to fulfill the special conditions
included in the U.S Army Corps of Engineers (COE) Nationwide Permit #27 (excerpt
below), under which restoration activities have been authorized.
Monitoring for the success of the stream restoration will consist of an as -built
survey upon completion to ensure conformance with the approved design, visual inspection
and photo documentation of the stream dimension and pattern, and inspection of the
stability of the stream structures, vegetation and observed wildlife/macro invertebrates.
Upon completion of construction, as as -built report shall be prepared and submitted to the
U.S Army Corps of Engineers (COE) and Virginia Department of Environmental Quality
(DEQ) as described below.
As -Built Survey
Upon completion of construction (within 6 weeks of construction closeout), a certified as -
built survey will be prepared for distribution to state agencies. The survey shall include the
following:
• Plan view and longitudinal profiles of the restored stream;
• Plan view of finished grade topography; and
• Structures data and locations for in -stream grade control structures
Photo Monitoring
Monitoring photographs shall be taken to document site conditions for all disturbed areas,
including overbank plantings. Photos of restoration/planting areas shall be taken facing
upstream, downstream, towards the left bank, and towards the right bank from ground level
every 100 feet along the restored stream channel, with additional photos as required to
show replanted overbank areas. The monitoring report shall document the approximate
location of the photo stations on a plan view exhibit and using stream station information
as given in design/as-built plans, noting cardinal direction and orientation relative to flow
(i.e. upstream/downstream).
Post -Construction Monitoring
Post -construction monitoring will be performed as described below for a period of two (2)
years. Additional monitoring consistent with protocols outlined below shall be conducted
as needed to maintain MS4 and TMDL pollutant reduction credits — typically a five (5)
year cycle.
Timing
Post -construction monitoring shall be conducted in the September/October time
period during the l' and 2nd growing season following completion of construction.
Visual Survey
1. A visual survey to assess the stability of the restored stream shall be
conducted by walking the entirety of the restored section of the main stem
and the restored tributaries and inspecting the conditions of the installed
structures and the restored stream bed and banks. Notes shall be made
regarding habitat characteristics to include any observations of
wildlife/benthic macroinvertebrates.
Monitoring Success Criteria
A. Stream buffer restoration areas
1. All project areas shall achieve full vegetation cover. Where poor vegetative
establishment is observed (less than 80% surface coverage) additional seed
consistent with that specified in design plans shall be provided, and re -seeded
areas mulched with straw at a rate of two (2) tons per acre.
2. Visual descriptions shall be provided with each monitoring report using ground
level photographs taken at the photo monitoring stations established during the
as -built monitoring. An accompanying narrative shall include estimated percent
vegetative cover and dominant vegetation type.
3. Woody plant coverage (live -stakes, tublings, container grown material, and
volunteers) along stream banks shall achieve a density of at least one (1) stem
per five (5) linear feet by the end of the first growing season and for each
monitoring year thereafter.
B. Stream channel restoration areas
1. The stream shall be walked and structures visually inspected and any areas of
erosion shall be noted and photo documented. The stream restoration shall be
deemed successful if, based on the monitoring inspectors best professional
judgement, the restored stream is stable (i.e there are no signs of excessive
erosion or structure failure). Any areas where erosion is seen shall be
documented and recommendations/corrective actions outlined.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 10, 2023
ORDINANCE APPROVING A PERMANENT EASEMENT TO THE CITY
OF ROANOKE ON PROPERTY OWNED BY THE ROANOKE COUNTY
BOARD OF SUPERVISORS (ROANOKE COUNTY TAX MAP NUMBER
060.11-04-17.00-0000) FOR THE PURPOSE OF CONSTRUCTING AND
MAINTAINING THE CITY OF ROANOKE'S GLADE CREEK STREAM
RESTORATION PROJECT
WHEREAS, the Board of Supervisors owns property at 301 Gus Nicks Boulevard,
Vinton, Virginia 24179 (the Roanoke County Career Center property) identified as
Roanoke County Tax Map Number 060.11-04-17.00-0000 (hereinafter "the County
Property"); and
WHEREAS, as part of the City of Roanoke's Glade Creek at Gus Nicks Boulevard
Stream Restoration Project, the City of Roanoke has requested a permanent easement
from the Board of Supervisors across the County Property to perform work and perpetual
maintenance in connection with this project; and
WHEREAS, the City of Roanoke's Glade Creek at Gus Nicks Boulevard Stream
Restoration Project is a public works project designed to reduce sediment loads within
the Roanoke River by stabilizing and restoring approximately 2,921 of linear feet of Glade
Creek, a tributary of the Roanoke River, and provide for the installation of stream features
and bank structures, grading for floodplain reconnection, and establishment of a riparian
buffer; and
WHEREAS, granting the easement to the City of Roanoke to support the City of
Roanoke's Glade Creek at Gus Nicks Boulevard Stream Restoration Project benefits the
citizens of Roanoke County by positively improving the quality of the water in Glade Creek
and the Roanoke River; and
Page 1 of 3
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and disposition of real estate be authorized only by ordinance; and
WHEREAS, a first reading of this ordinance was held on October 10, 2023 and the
second reading was held on October 24, 2023; and
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provision of Section 16.01 of the Roanoke County
Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and
is hereby made available for conveyance to the City of Roanoke for the Glade Creek at
Gus Nicks Boulevard Stream Restoration Project.
2. That conveyance to the City of Roanoke of a permanent public maintenance
easement as shown and described as "New Variable Width Maintenance Easement" on
the plat titled "Easement Plat Showing Variable Width Permanent Maintenance Easement
(28,388 Square Feet /0.6517 Acres) along Glade Creek to be granted to the City of
Roanoke, Virginia, by the Roanoke County Board of Supervisors, Situated adjacent to
Vale & Kermit Avenues N.E. and Gus Nicks Boulevard Town of Vinton, Roanoke County,
Virginia" dated July 5, 2023, prepared by Lumsden Associates, P.C, attached hereto as
Exhibit A, is hereby authorized and approved.
3. That the County accepts and appropriates the payment of $10.00 as fair
market value compensation for this permanent public maintenance easement.
4. That the County Administrator, Deputy County Administrator, or the
Assistant County Administrator, is hereby authorized to execute such documents
(including the Deed of Easement) and take such further actions as may be necessary to
Page 2 of 3
accomplish this conveyance, all of which shall be on a form approved by the County
Attorney.
5. That this ordinance shall be effective on and from the date of its adoption.
Page 3 of 3
ACTION NO.
ITEM NO. E.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 10, 2023
AGENDA ITEM:
Ordinance approving and authorizing the execution of cable
television franchise agreement by and between the County
of Roanoke and Shenandoah Cable Television LLC
SUBMITTED BY: Peter S. Lubeck
County Attorney
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Authorization of the execution of a cable television franchise agreement with
Shenandoah Cable Television, LLC ("Shentel").
BACKGROUND:
Federal law prohibits a business from operating a cable television system within any
jurisdiction without a franchise agreement (as defined by law).
The Board of Supervisors passed ordinance 102803-12 on October 28, 2003, providing
for one or more non-exclusive franchises to construct, operate, and maintain one or
more cable television systems within the County of Roanoke.
Shentel has requested a non-exclusive cable television franchise in the County.
DISCUSSION:
A cable television franchise agreement, attached to this report, has been negotiated
with Shentel, subject to approval by the Board of Supervisors.
Shentel has agreed to provide, without charge, connectivity to Roanoke Valley
Television (RVTV), so that RVTV signals can be generated at RVTV and routed onto an
Page 1 of 2
appropriate cable channel. Further, Shentel has agreed to make a one-time donation of
$5,000 to Roanoke Valley Television; this commitment is memorialized in the letter,
dated October 2, 2023, which is attached to this report.
Shentel will remit taxes on its revenue to the Commonwealth consistent with the
requirements of the Communications Sales and Use Tax, and such revenue is
distributed to the County from the Commonwealth Department of Taxation.
FISCAL IMPACT:
There is no fiscal impact associated with the approval of this agreement.
STAFF RECOMMENDATION:
Staff recommends the approval of the ordinance.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 10, 2023
ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION
OF A CABLE TELEVISION FRANCHISE AGREEMENT BY AND
BETWEEN THE COUNTY OF ROANOKE AND SHENANDOAH
CABLE TELEVISION, LLC,
WHEREAS, Shenandoah Cable Television, LLC, ("Shentel") has requested a
non-exclusive cable television franchise in the County of Roanoke;
WHEREAS, such negotiations have been completed and a Cable Television
Franchise Agreement acceptable to the County of Roanoke, subject to approval by the
Roanoke County Board of Supervisors; and
WHEREAS, Shentel is prohibited by federal law from operating a cable television
system within any jurisdiction without a franchise agreement as defined by federal law;
and
WHEREAS, Shentel will remit taxes on its revenue to the Commonwealth
consistent with the requirements of the Communications Sales and Use Tax, and such
revenue is distributed to the County from the Commonwealth Department of Taxation;
and
WHEREAS, the first reading of this ordinance was held on September 26, 2023,
and the second reading and public hearing of this ordinance and the revised Cable
Television Franchise Ordinance was held on October 10, 2023, at which public hearing
citizens and parties in interest were afforded an opportunity to be heard on such
matters; and
Page 1 of 2
WHEREAS, the Board of Supervisors previously passed Ordinance 102803-12,
on October 28, 2003, Providing for One or More Non -Exclusive Franchises to Construct,
Operate and Maintain One or More Cable Television Systems within the County of
Roanoke, and such Ordinance shall remain in effect with this cable franchise agreement
between Shentel and the County.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County as follows:
1. The Board of Supervisors hereby approves the terms of the Cable
Television Franchise Agreement by and between the County of Roanoke, Virginia and
Shenandoah Cable Television, LLC, as of November 1, 2023, attached hereto.
2. The County Administrator is authorized to execute, on behalf of the
County, a Cable Television Franchise Agreement by and between the County and
Shenandoah Cable Television, LLC, in a form substantially similar to the one attached
hereto, and in a form approved by the County Attorney. Such Agreement will provide
for a term of ten years, from November 1, 2023 through October 31, 2033, courtesy
basic cable service for government and school buildings, and such other terms and
conditions as are deemed to be in the best interests of the County of Roanoke.
3. The County Administrator is further authorized to take such further actions
and execute such additional documents as may be necessary to implement and
administer such Cable Television Franchise Agreement.
4. This ordinance shall be in full force and effect from its passage.
Page 2 of 2
SHENTEL®
Always connected to you
October 2, 2023
Mr. Scott Ramsburg
Director, Roanoke Valley Television
541 Luck Avenue SW
Suite 145
Roanoke, VA 24016
Mr. Ramsburg:
As a part of our Cable Franchise Agreement negotiations with Roanoke County, Shentel has committed to
contribute $5,000.00 to Roanoke Valley Television. It is our hope that this contribution can further RVTV's
projects and initiatives for residents in the County.
If you, your staff, or the Roanoke County Board of Supervisors have any questions regarding this contribution,
please feel free to contact me.
Thank you,
Chris Kyle
Vice President, Regulatory & Industry Affairs
Shentel
Cc: Mr. Peter Lubeck, County Attorney, Roanoke County, VA
Ms. Martha Hooker, Chair, Roanoke County Board of Supervisors
Mr. Paul Mahoney, Vice Chair, Roanoke County Board of Supervisors
500 SHENTEL WAY • P.D. BOX 459 • EDINBURG, VIRGINIA 22824-0459
CABLE TELEVISION FRANCHISE
AGREEMENT
by and between
THE COUNTY OF ROANOKE,
VIRGINIA,
and
SHENANDOAH CABLE
TELEVISION, LLC
as of
, 2023
TABLE OF CONTENTS
Section 1. DEFINITIONS 2
Section 2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS. 2
2.1. Grant. 2
2.2. Construction of Agreement. 2
2.3. Police Powers. 2
Section 3. FRANCHISE EFFECTIVE DATE AND TERM 3
Section 4. INTERCONNECT. 3
4.1. Interconnection Method. 3
4.2. EG Interconnection 3
4.3. Interconnection Terms 4
Section 5. CABLE SYSTEM CAPABILITY AND CONSTRUCTION. 4
5.1. Cable System Characteristics. 4
5.2. Technical Performance. 7
5.3. Cable System Construction and Maintenance 7
5.4. Emergency Alert System. 9
5.5. Cable System Capability and Construction Terms 9
5.6. State of the Art. 9
5.7. Annual Technology Summit Meeting. 10
Section 6. PEG ACCESS. 10
6.1. EG Channel. 10
6.2. EG Origination. 11
6.3. Program Content; Control. 12
6.4. Alternate Use. 12
Section 7. CABLE SERVICE TO COUNTY FACILITIES. 12
7.1. Courtesy Service to Public Facilities 12
7.2. Additional Facility Equipment and Wiring. 13
7.3. Terms of Courtesy Cable Service 14
Section 8. EG ACCESS CAPITAL GRANT: COSTS. 14
8.1. EG Capital Fee. 14
8.2. EG Channel Use. 15
8.3. Costs Incidental To The Award Of The Franchise 15
Section 9. CUSTOMER SERVICE. 15
9.1. Customer Service Requirements. 15
9.2. Customer Service Standards 16
9.3. Customer Privacy. 16
9.4. Customer Complaints. 16
9.5. Customer Service Terms. 18
Section 10. REPORTS AND RECORDS. 18
10.1. Open Books and Records. 18
10.2. Information Disclosure. 18
10.3. Reports and Records Terms. 19
Section 11. COMMUNICATIONS SALES AND USE TAX 19
11.1. Application of Tax 19
11.2. Communications Sales and Use Tax Terms. 19
Section 12. TRANSFER OF FRANCHISE 19
12.1. Approval Required. 19
12.2. No Consent Required. 19
12.3. Preservation of County's Rights 20
12.4. Approval Does Not Constitute Waiver of Rights 20
ii
12.5. Transfer Terms. 20
Section 13. RENEWAL OF FRANCHISE 20
13.1. Federal Law. 21
13.2. Needs Assessment. 21
13.3. Informal Renewal. 21
13.4. Consistent with Law 21
13.5. Renewal of Franchise Terms. 21
Section 14. ENFORCEMENT OR TERMINATION OF FRANCHISE 21
14.1. Notice of Violation. 21
14.2. Grantee's Right to Cure or Respond 21
14.3. Quarterly Standards. 22
14.4. Enforcement. 23
14.5. Liquidated Damages. 23
14.6. Waiver. 25
14.7. Single Violation 25
14.8. Assessment of Liquidated Damages 25
14.9. Letter of Credit. 26
14.10. Revocation 28
14.11. Enforcement or Termination of Franchise Terms. 28
Section 15. INSURANCE AND INDEMINIFICATION 28
15.1. Insurance Coverage. 29
15.2. Insurance Terms. 29
15.3. Indemnification Provisions 30
15.4. Insurance and Indemnification Terms. 31
iii
Section 16. FORCE MAJEURE 31
16.1. Force Majeure Definition. 31
16.2. Force Majeure Conditions. 32
Section 17. NON-DISCRIMINATION. 32
Section 18. MISCELLANEOUS PROVISIONS 32
18.1. Counterpart Copies. 32
18.2. Nonwaiver. 33
18.3. Rights of Third Parties. 33
18.4. Forum Selection and Choice Of Law. 33
18.5. Captions and Headings 33
18.6. Faith Based Organization. 33
18.7. Notice. 34
18.8. Entire Agreement and Amendments. 34
18.9. Exhibits 34
iv
CABLE TELEVISION FRANCHISE AGREEMENT
THIS AGREEMENT made and entered into as of this day of , 2023, by and
between the County of Roanoke, a Virginia political subdivision ("County" or "Grantor"), and
Shenandoah Cable Television, LLC ("Shentel" or "Grantee"):
WHEREAS the Grantee desires to hold a cable television franchise granted by the County
and
WHEREAS the Grantee has requested that the County grant a cable television franchise to
the Grantee; and
WHEREAS, on October 28, 2003, the Board of Supervisors adopted Ordinance No.
0-102803-12 effective October 31, 2003 (the "Ordinance"), an ordinance repealing and
superseding the County's Cable Television Ordinance No. 42391-15, adopted April 23, 1991; and
WHEREAS the County and the Grantee have negotiated the terms of a non-exclusive
franchise pursuant to 47 U.S.C. §541; and
WHEREAS the Board of Supervisors of Roanoke County, after holding a public hearing on
the terms of the grant of a non-exclusive cable tv franchise for Shentel, for which the public was
afforded notice and at which the public was afforded opportunity to comment, adopted Ordinance
No effective , 2023, to grant the Grantee's television franchise at a
duly authorized and regular meeting, pursuant to the provisions of the Cable Act, County Charter,
County ordinances, and the Virginia Code.
NOW THEREFORE in consideration of such grant of this cable franchise to the Grantee,
the parties agree as follows:
1
Section 1. DEFINITIONS.
Unless otherwise defined in this Agreement, terms in this Agreement shall have the
meaning given to them in the list of Definitions attached as Exhibit A. Terms not defined in this
Agreement or Ordinance No. 100918- adopted on , by the Board of Supervisors effective October
9, 2018 (the "Ordinance") shall have their common and ordinary meaning.
Section 2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS.
2.1. Grant. The County hereby grants to the Grantee a franchise to operate a cable system to
provide cable service within the territorial limits of the County in accordance with the terms and
conditions set forth below and in the Ordinance. The Grantee's Franchise Area shall be the
territorial limits of the County. This Franchise is granted pursuant to the Ordinance, which, with
any amendments thereto and including applicable definitions, is incorporated by reference herein.
2.2. Construction of Agreement.
2.2.1. The provisions of this Franchise shall be construed to effectuate their objectives.
2.2.2. In the event of a conflict between the Ordinance and this Agreement, this
Agreement shall prevail. In the event a conflict does not exist between the Ordinance and this
Agreement or the Agreement does not address an issue, then the terms and conditions of the
Ordinance shall be applicable to the Grantee. In the case of a conflict between the Ordinance and
Virginia Code Sections 15.2-2108.19, et seq., the Virginia Code shall prevail.
2.2.3. Nothing herein shall be construed to limit the scope or applicability of Section 625
Communications Act, 47 U.S.C. § 545.
2.3. Police Powers. Except as otherwise provided in this Section 2.2, the Grantee's rights
under this Franchise shall be subject to the lawful police powers of the County to adopt and enforce
2
ordinances of general applicability necessary to protect and preserve the health, safety and welfare
of the public. The Grantee shall comply with all applicable general laws and ordinances lawfully
enacted by the County pursuant to such police powers. The County agrees that ordinances which it
adopts that impact this Agreement must be enacted upon reasonable conditions and of a character
appropriate to the public purpose justifying enactment. Nothing herein prohibits the Grantee from
challenging any future ordinances enacted by the County as may be permitted under applicable
law.
Section 3. FRANCHISE EFFECTIVE DATE AND TERM.
The effective date of the Franchise Agreement shall be , 2023. The term of the
Franchise shall be 10 years, commencing on , 2023, and expiring at midnight on
, 2033, unless sooner terminated in accordance with Section 14.10 herein, or by other
applicable law.
Section 4. INTERCONNECT.
4.1. Interconnection Method. The Grantee shall design the Grantee's Cable System so that it
is capable of interconnecting with other similar communications networks at suitable locations as
determined by the Grantee. Interconnection capabilities shall be provided for the exchange of all
EG signals designated in Section 6.1. Interconnection of systems may be made by direct fiber
connection or other appropriate methods. Such interconnection shall preserve the quality of the EG
signals so that there is no significant degradation between the signals as received by the Grantee
and the signals as transmitted to the interconnecting system.
4.2. EG Interconnection. At the request of the County, the Grantee shall, to the extent
permitted by applicable law and its contractual obligations to third parties, use every reasonable
effort to negotiate an interconnection agreement with any other Cable System in the County for the
3
EG channels. Nothing in this Agreement shall determine the extent to which the Grantee or the
interconnecting system shall bear the costs of interconnection.
4.3. Interconnection Terms. The provisions in this Section 4 shall satisfy the requirements in
Section 8(b) of the Ordinance.
Section 5. CABLE SYSTEM CAPABILITY AND CONSTRUCTION.
5.1. Cable System Characteristics. The Grantee's Cable System shall meet or exceed the
following requirements:
5.1.1. The Cable System shall be designed in accordance with the International
Telecommunication Union - Telecommunication Standardization Sector G.984 Standard for gigabit
passive optical networks.
5.1.2. The Cable System shall be designed to be an active two-way plant for subscriber
interaction, if any, required for selection or use of Cable Service.
5.1.3. Modern design utilizing an architecture that will permit additional improvements
necessary for high quality and reliable service throughout the term of the Agreement.
5.1.4. Protection against outages due to power failures, so that back-up power is
available at a minimum for at least 24 hours at the headend, and conforming to industry standards,
but in no event rated for less than four hours, at each node. Such standby power supplies shall cut
in automatically on failure of commercial utility AC power, and revert automatically to commercial
power when it is restored.
5.1.5. Facilities and equipment sufficient to cure violations of any applicable FCC
technical standards and to ensure that the Cable System remains in compliance with the standards
specified in Section 5.1.18.
4
5.1.6. Facilities and equipment as necessary to maintain, operate, and evaluate the Cable
System to comply with any applicable FCC technical standards, as such standards may be amended
from time to time.
5.1.7. All facilities and equipment designed to be capable of continuous twenty-four (24)
hour daily operation in accordance with applicable FCC standards except as caused by a Force
Majeure event.
5.1.8. All facilities and equipment designed, built and operated in such a manner as to
comply with all applicable FCC requirements regarding (i) consumer electronic equipment and (ii)
interference with the reception of off -the -air signals by a subscriber.
5.1.9. All facilities and equipment designed, built and operated in compliance with all
applicable safety codes.
5.1.10. Sufficient trucks, tools, testing equipment, monitoring devices and other
equipment and facilities and trained and skilled personnel required to enable Grantee to comply
with applicable law and its obligations under this Agreement, including applicable customer
service standards.
5.1.11. All facilities and equipment required to properly test the Cable System in
accordance with applicable law, conduct an ongoing and active program of preventive maintenance
and quality control, and to be able to quickly respond to customer complaints and resolve system
problems.
5.1.12. Design capable of interconnecting with other similar communications networks in
the Franchise Area as set forth in Section 4 of this Agreement.
5.1.13. Facilities and equipment at the headend shall allow Grantee to transmit or
cablecast signals in substantially the form received, without substantial alteration or deterioration in
5
the content and functionalities associated with the signal. For example, the headend should include
equipment that will transmit color video signals received at the headend in color, stereo audio
signals received at the headend in stereo, and a signal received with a secondary audio track with
both audio tracks. Similarly, all closed -captioned programming retransmitted over the Cable
System shall include the closed -captioned signal in a manner that renders that signal available to
Subscriber equipment used to decode the captioning.
5.1.14. Shall be capable of transmitting in high definition any Channels that are received
in high definition format. Actual carriage of any such high definition Channels will be at the
Grantee's sole discretion.
5.1.15. Shall offer parental control options, which will at a minimum offer as an option
that a Person ordering programming must provide a personal identification number or other means
provided by Grantee only to a Subscriber. Provided, however, that Grantee shall bear no
responsibility for the exercise of parental controls and shall incur no liability under this Agreement
for any Subscriber's or viewer's exercise or failure to exercise such controls.
5.1.16. The provision of additional channels, channel capacity, and/or upgrades of any
kind to the Cable System is solely within the control and discretion of the Grantee.
5.1.17. With the exception of any EG Channels, all content and programming of Cable
Services, including the mix, level, and/or quality of such content and programming, remains in the
sole discretion of the Grantee.
5.1.18. The Cable System must conform to or exceed all applicable FCC technical
performance standards, as amended from time to time, and shall conform in all material respects to
applicable sections of the following standards and regulations to the extent such standards and
regulations remain in effect and are consistent with accepted and applicable industry procedures:
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5.1.18.1. Occupational Safety and Health Administration (OSHA) Safety and
Health Standards;
5.1.18.2. National Electrical Code;
5.1.18.3. National Electrical Safety Code;
5.1.18.4. Obstruction Marking and Lighting, AC 70/7460 i.e., Federal Aviation
Administration;
5.1.18.5. Constructing, Marking and Lighting of Antenna Structures, Federal
Communications Commission Rules, Part 17; and
5.1.18.6. The Virginia Uniform Statewide Building Code.
5.2. Technical Performance. The Cable System shall meet or exceed applicable FCC's
technical standards (Subpart K of Part 76 of the FCC's Rules).
5.3. Cable System Construction and Maintenance.
5.3.1. The County shall have the right to inspect all construction or installation work
performed by a Grantee within the Service Area, and to make such inspections as the County
deems necessary to ensure compliance with the terms of the Ordinance and this Agreement, other
pertinent provisions of law and any Franchise granted hereunder. No poles, underground conduits,
or other wire or cable -holding structures shall be erected by a Grantee without prior approval of the
County or its duly authorized personnel, or, unless such consent is not required by applicable law,
by abutting property owners where the County does not own, or hold some other right of way
property interests in, the area in which such structures are to be erected. To the extent possible, a
Grantee shall use existing poles and underground conduits throughout the County. Any poles,
underground conduits or other fixtures that a Grantee is authorized by the County to install must be
placed in a manner so that they do not interfere with or obstruct the usual travel on the public
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Streets or interfere with any existing utility services. All construction activities of a Grantee shall
be conducted in a workmanlike manner that will cause minimum interference with the rights and
reasonable convenience of the public's and other utilities' use of the Streets and of the property
owners directly affected thereby. Every Grantee shall maintain all structures, cable and related
Cable System equipment that are located in, over, under, and upon the Streets in a safe, suitable,
substantial condition and in good order and repair at all times. All construction, installation and
repair by a Grantee shall be effectuated in a manner that is consistent with the FCC's rules, relevant
local building codes, zoning ordinances and laws, all County and other governmental laws, codes
or ordinances relating to public works or the Streets, and other regulatory requirements, the
National Electrical Safety Code, and other standards of general applicability to Cable Systems. No
Grantee shall commence any construction without obtaining all local zoning and other approvals,
permits and other licenses generally applicable to other entities performing such construction, and
paying all costs and fees normally imposed or charged therefor. Whenever electric utilities and
telecommunications facilities are located underground within a public way of the County, Grantee
with permission to occupy the same public way must also locate its facilities underground.
5.3.2. The Franchisee shall make Cable Service generally available to businesses and
residential dwelling units within the Franchise Area. The Franchisee initially shall build out its
Cable System to make Cable Service generally available to those businesses and residential units
located within the red ovals shown on the map attached to this Franchise Agreement as Exhibit B.
Franchisee shall use commercially reasonable efforts (considering build out costs, geographical and
geological conditions, and business conditions) to complete initial build within twenty-four (24)
months of the effective date of this Agreement. Franchisee shall complete its Cable System within
the remainder of the Franchise Area within a commercially reasonable time (considering build out
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costs, geographical and geological conditions, and business conditions). In addition to the
obligations and considerations set forth above, Franchisee shall offer Cable Service to all new or
previously unserved businesses and residential units located within one hundred and fifty (150) feet
of the Franchisee's distribution cable.
The Franchisee may elect to extend Cable Service to areas that do not otherwise qualify to
receive Cable Service under this section if any resident or group of residents agree in writing to pay
to Franchisee the cost of construction, including materials, labor, and the total cost of any
easement(s) necessary to accomplish the proposed line extension.
5.4. Emergency Alert System. Grantee shall comply with the Emergency Alert System
("EAS") Federal Emergency Alert System regulations, 47 C.F.R. §76 Part 1, as may be amended
from time to time.
5.5. Cable System Capability and Construction Terms.
The provisions in this Section 5 shall satisfy the requirements set forth in the Ordinance.
5.6. State of the Art. Throughout the term of this Franchise, Grantee shall maintain and
upgrade the Cable System and the technical performance of the Cable System so as to keep pace
with the developments in the State -of -the -Art as defined herein. For purposes of this subsection,
"State -of -the -Art" means that level of technical performance or capacity, service or cable system
plant, for which there is a reasonable demonstrated market demand and which has been
demonstrated by existing cable system operators and reputable equipment suppliers to be workable
in the field, but not exceeding that level of technical performance or capacity which has been
installed and is operating at the time in at least two (2) other cable systems of comparable or
smaller size owned and operated by Grantee or an affiliate of Grantee.
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5.7. Annual Technology Summit Meeting. The Committee may request a meeting once per
year with the Grantee to discuss new and upcoming technology and the developments in the State -
of -the -Art related to the Cable System, and the plans the Grantee has for bringing such technology
to the Grantee's Service Area. Upon the request of the Committee for such meeting, Grantee shall
schedule the meeting within 30 days of such request.
Section 6. PEG ACCESS.
6.1. EG Channel.
6.1.1. Except as otherwise provided herein, Grantee shall provide any EG Channel(s) as
part of Basic Cable Service throughout the life of the Franchise. If there is no Basic Cable Service,
Grantee shall provide the EG Channels as part of the service provided to every Subscriber, at no
additional charge to Subscribers for the EG Channels.
6.1.2. The Grantee shall initially provide one (1) high definition downstream EG
Channel ("Initial EG Channel"). Upon request by the Roanoke Valley Regional Cable Television
Committee ("Committee"), the Grantee shall provide a second high definition EG Channel
("Second EG Channel") upon a showing by the Committee that the then -existing EG Channel is
being used to air at least forty (40) hours of original, locally -produced programming per week (not
including bulletin board -style programming). The Grantee shall provide the Second EG Channel
within one hundred twenty (120) days after written request by the Committee.
6.1.3. The Grantee shall not arbitrarily or capriciously change the EG Channel
assignment(s), and the Grantee shall take reasonable steps to minimize the number of such
changes. The Grantee may change the EG Channel assignment(s) as it deems appropriate so long
as it provides at least thirty (30) days prior written notice to the County, and reimburses the County
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for the reasonable costs including, but not limited to, logo modifications, stationery, promotion,
and advertising, not to exceed $2,500 per channel change.
6.1.4. Use of the EG Channels shall be to air non-commercial EG access programming
and any other non-commercial programming, consistent with Section 611 of the Cable Act (47
U.S.C. §531) at the Committee's sole discretion. The Grantee shall not charge the County, City,
Town or any other authorized user of the EG Channel(s) for the use of such channels.
6.1.5. No control over EG access program content shall be exercised by the Grantee
except to enforce the limitations on commercial use described herein or as otherwise permitted by
the FCC and other federal, state, and local laws.
6.1.6. The Grantee may use the EG Channels for any lawful purpose during such periods
as they are not being used for EG access purposes, provided that EG access use shall have priority
at all times.
6.2. EG Origination.
6.2.1. The Parties hereby acknowledge that the EG origination locations currently consist
of seven (7) facilities listed in Exhibit [TBD] that have transport capabilities between these
facilities and Grantee's headend ("Feeds"). The Grantee shall maintain digital EG functionality.
6.2.2. Grantee shall provide without charge EG connectivity by means of dedicated, fully
fiber optic links between its headend and Roanoke Valley Television (RVTV) so that signals can
be generated at RVTV and be routed onto an appropriate EG channel. Such signal transport
provided by the Grantee shall include all equipment necessary for amplification, optical
conversion, receiving, transmitting, switching, and headend processing of upstream EG signals
from RVTV and the placement of these EG signals onto an appropriate EG channel.
Notwithstanding the foregoing, all such equipment, including but not limited to the fiber
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electronics at RVTV, shall be installed, repaired, and maintained in good working order by the
Grantee on the Grantee's side of the Demarcation Point, provided, however, that the Grantee shall
not be responsible for the cost of repairing any damage caused by RVTV or its agents or invitees.
Grantee's obligation with respect to such signal transport shall be dependent on RVTV providing
the Grantee, without charge, with such space, electrical power supply, access, and other facilities
and cooperation as shall be necessary to allow the Grantee to fulfill its duties under this Franchise
with respect to such signal transport. The dedicated channels may be multiplexed into backbone
fiber rings at the hub or node nearest to the origination site for return to the headend.
6.2.3. RVTV shall be solely responsible for all personnel, equipment, and maintenance
on RVTV's side of the Demarcation Point.
6.2.4. RVTV shall be solely responsible for any personnel, equipment, and maintenance
required to originate an optical signal at an RVTV Remote Site and to receive such optical signal(s)
at RVTV.
6.3. Program Content Control. No control over PEG access program content shall be
exercised by the Grantee except to enforce the limitations on commercial use described herein or as
otherwise permitted by the FCC and other federal, state, and local laws.
6.4. Alternate Use. The Grantee may use the PEG Access channels for any lawful purpose
during such periods as they are not being used for PEG Access purposes, provided that EG Access
use shall have priority at all times.
Section 7. CABLE SERVICE TO COUNTY FACILITIES.
7.1. Courtesy Service to Public Facilities. The Grantee will provide the following, at no
charge, at each fire station, public school, police station, public library, and such County facilities
used for public purposes, which facilities are listed in Exhibit C, attached hereto, and for which the
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Grantee is provided access without charge, as may be designated by the County; or any newly
constructed or acquired government building that may be designated by the County (collectively,
"Additional Buildings"), so long as such Additional Buildings do not exceed fifteen (15) during the
term of the Agreement; provided, however, that if it is necessary to extend the Grantee's trunk or
feeder lines more than 150 feet solely to provide service to any such school or public building, the
County shall have the option of paying the lower of any contract the Grantee may have with the
County for such services or the Grantee's commercial charges for such extension in excess of 150
feet itself, or of releasing the Grantee from or postponing the Grantee's obligation to provide
service to such building:
7.1.1. One Cable Service drop;
7.1.2. One Cable Service converter or digital transport adapter per site (if necessary to
receive the programming specified in Section 7.1.3; and
7.1.3. Basic Cable Service or a discount for the most highly subscribed tier of non -basic
service in the amount of the then current price of Grantee's Basic Cable Service (not including any
video programming offered on a per channel or per program basis).
7.2. Additional Facility Equipment and Wiring.
7.2.1. The County shall be responsible for the cost of new or replacement converters or
digital transport adapters that are in addition to those required in 7.1.2 and any "terminal
equipment," including TV monitors, VCRs, and/or computers.
7.2.2. The cost of inside wiring, additional drops or outlets, and additional or
replacement converters or digital transport adapters requested by the County within these specified
facilities, including those drops or outlets in excess of those referenced in Section 7.1, are the
responsibility of the County. The Grantee shall not be responsible for any violations of FCC
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technical standards on the County's side of the Demarcation Point. After reasonable notice under
the circumstances, the Grantee may temporarily disconnect its service to a County site that does not
correct such violations of FCC technical standards until such time as such violations are corrected.
7.2.3. Subject to the limitations set forth in this Section 7, whenever required by changes
in the Grantee's technology, the Grantee shall upgrade all equipment provided at the Grantee's
expense pursuant to this Section 7, in order to ensure that the County can continue to receive the
services offered by the Grantee to the County pursuant to this Franchise Agreement.
7.3. Terms of Courtesy Cable Service. The provisions in this Section 7 shall satisfy the
requirements in Section 10(d) of the Ordinance.
Section 8. EG ACCESS CAPITAL GRANT: COSTS.
8.1. EG Capital Fee. The County may by ordinance or resolution impose on the Grantee an
EG Capital Fee payable to the County on a quarterly basis (the "EG Capital Fee"), in an amount
not to exceed twenty cents ($0.20) per month for each Subscriber in the Service Area that receives
the Grantee's Basic Service Tier, so long as such requirement applies equally to all franchised
cable operators in the County. If so imposed, the EG Capital Fee shall be delivered to the County
within forty-five (45) days following the end of each calendar quarter during the Franchise Term.
The EG Capital Fee shall be used by the County to support the capital costs of EG Access Channel
facilities consistent with the Communications Act (47 U.S.C. § 542).
8.1.1. If the initial EG Capital Fee shall be less than an amount equal to twenty cents
($0.20) per month for each Subscriber in the Service Area to the Grantee's Basic Service Tier, the
EG Capital Fee may be uniformly increased for the County cable grantees by ordinance or
resolution of the Board of Supervisors not more than once each year commencing after the first
anniversary of the Effective Date of this Agreement by an amount not to exceed six cents ($0.06),
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but under no circumstances shall the monthly per -Subscriber fee exceed twenty cents ($0.20) per
month for each Subscriber in the Service Area that receives the Grantee's Basic Service Tier.
8.1.2. The County shall provide the Grantee with thirty (30) days advance notice of any
public hearing or meeting where an increase will be considered or voted on by the Board of
Supervisors. The County shall forward to the Grantee a copy of the adopted ordinance or
resolution that authorizes an increase in the EG Capital Fee and establishes the effective date of the
increase. The Grantee shall have not less than ninety (90) days to implement the EG Capital Fee
increase.
8.1.3. To the extent permitted by law, the Grantee may recover from Subscribers the
costs of an EG Capital Fee or any other costs arising from the provision of EG services and shall be
allowed to include such costs as a separately billed line item on each Subscriber's bill.
8.2. EG Channel Use. The County shall not sell time on the EG Channels, nor allow any
third party to do so, nor shall any channel be leased at any price to any third party. The County
may allow programmers on the EG Channels to seek support for their programming consistent with
the "Funding Standards and Practices" of the Public Broadcasting System (found at:
http://www.pbs.org/producers/guidelines/) as they exist on the Effective Date of this Agreement.
8.3. Costs Incidental To The Award Of The Franchise. Grantee shall reimburse the County
for advertising expenses incurred in the franchising process.
Section 9. CUSTOMER SERVICE.
9.1. Customer Service Requirements. The Grantee shall comply with the customer service
requirements imposed by the FCC pursuant to 47 U.S.C. § 552, as it may be amended from time to
time. The County may impose additional customer service requirements that exceed the
requirements established by the Federal Communications Commission under 47 U.S.C. § 552(b) by
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ordinance after a public hearing, but these additional requirements shall (i) not be designed so that
Grantee cannot also comply with any other customer service requirements under state or federal
law or regulation applicable to the Grantee in its provision of other services over the same network
used to provide cable service, (ii) be no more stringent than the customer service requirements
applied to other cable operators in the County, and (iii) be reasonably tailored to achieve
appropriate customer service goals based on the technology used by the Grantee to provide cable
service.
9.2. Customer Service Standards. The Grantee shall comply with the provisions of 47 C.F.R
§76.309, as it may be amended from time to time.
9.3. Customer Privacy. Grantee shall at all times comply with 47 U.S.C. §551 with regard to
the protection of Subscriber privacy.
9.4. Customer Complaints.
9.4.1. Complaint Procedure: The Grantee shall establish a clear procedure for resolving
a Cable Service complaint ("Complaint(s)") filed by any interested party in a timely manner,
providing that Complaints may be made orally or in writing, at the complainant's option. Such
procedures shall be well -publicized, both in print and digital media. At least thirty (30) days before
the Grantee announces any changes to such procedures, the Grantee shall notify the Committee of
the changes and offer the Committee the opportunity to comment on the changes. Such procedures
shall allow customers options for virtual, telephonic, and electronic mail contact with Grantee to
resolve cable service complaints.
9.4.2. Referred Complaints: The Grantee shall promptly investigate Complaints that are
referred to the Grantee by the Committee ("Referred Complaints"). The Grantee shall report to the
Committee regarding each Referred Complaint within five (5) business days, stating whether the
16
matter has been resolved and how it was resolved; if the matter remains unresolved, the Grantee
shall describe the actions taken to date, the reason or reasons the matter has not been resolved, the
actions the Grantee believes remain to be taken to achieve resolution, and an estimated date for
such resolution. Notwithstanding the foregoing, Grantee shall not be required to provide
"personally identifiable information" except as permitted by 47 U.S.C. § 551 and regulations
promulgated thereunder, or other applicable provision of federal law, provided however that if
compliance with such laws and regulations prohibits disclosure of information necessary for the
Grantee to report to the Committee as required by the preceding sentence, the Grantee shall explain
to the Committee in writing why the Grantee cannot comply, including references to the applicable
statutes or regulations, and the parties shall discuss alternative means for informing the Committee
regarding the resolution of the Referred Complaint, including, without limitation, obtaining the
consent of the Subscriber for any necessary disclosures.
9.4.3. Escalated Complaints: The Grantee shall keep a written record or log of Escalated
Complaints received regarding quality of service, equipment malfunctions, billing procedure,
employee attitude and similar matters. Upon request by the Committee, the Grantee shall provide
such log of Escalated Complaints to the Committee. An "Escalated Complaint" is any Complaint
received by the Grantee that has been submitted to a state regulatory agency, or any of the
Grantee's corporate offices and entered into Grantee's Customer Service Systems that track
complaints. , and/or the Better Business Bureau. These records shall be maintained for a period of
five (5) years. The record shall contain the following information for each complaint received:
Date, time and nature of the complaint;
Name, address and telephone number of the person complaining;
Investigation of the complaint;
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(4) Manner and time of resolution of the complaint; and
(5) If the complaint regards equipment malfunction or the quality of reception, a
report indicating corrective steps taken, with the nature of the problem stated.
9.4.4. Customer Service Log: Upon written request by the Committee, and not more
than once a year, Grantee shall provide such record or log to the Committee. Before delivering its
complaint log, a Grantee may redact the log as required to conform to the provisions of applicable
federal and state privacy protection laws.
9.5. Customer Service Terms. The provisions in this Section 9 shall satisfy the Customer
Service requirements in Section 10 the Ordinance.
Section 10. REPORTS AND RECORDS.
10.1. Open Books and Records. Upon not less than thirty (30) days written notice to the
Grantee, and no more frequently than once every twenty-four (24) months, the County shall have
the right to inspect the Grantee's books and records pertaining to Grantee's provision of Cable
Service in the Service Area at any time during Normal Business Hours at a reasonable time as
determined by the parties, as are reasonably necessary to ensure compliance with the terms of this
Franchise. Such notice shall specifically reference the section or subsection of the Franchise which
is under review, so that Grantee may organize the necessary books and records for appropriate
access by the County. Grantee shall not be required to maintain any books and records for
Franchise compliance purposes longer than five (5) years.
10.2. Information Disclosure. Notwithstanding anything to the contrary set forth herein,
Grantee shall not be required to disclose information that it reasonably deems to be proprietary or
confidential in nature, or to disclose any of its or its affiliates books and records not relating to the
18
provision of Cable Service in the Service Area. Grantee shall not be required to provide
Subscriber information in violation of Section 631 of the Communications Act, 47 U.S.C. §551.
10.3. Reports and Records Terms. The provisions in this Section 10 shall satisfy the
requirements in Sections 5of the Ordinance.
Section 11. COMMUNICATIONS SALES AND USE TAX.
11.1. Application of Tax. The parties shall comply with all applicable requirements of the
provisions of Section 58.1-645, et seq. of the Code of Virginia (the "Communications Sales and
Use Tax") in its current form and as it may be amended.
11.2. Communications Sales and Use Tax Terms. The provisions in this Section 11 shall
satisfy the requirements in Sections 6 and 17 of the Ordinance.
Section 12. TRANSFER OF FRANCHISE
12.1. Approval Required. No Transfer of the Franchise shall occur without the prior consent
of the Board, provided that such consent shall not be unreasonably withheld, delayed or
conditioned. No application for the approval of a Transfer shall be approved by the Board unless
the transferee agrees in writing that it will abide by and accept all terms of this agreement, and that
it will assume the obligations, liabilities and responsibility for all acts and omissions, known and
unknown, of the incumbent franchisee under this agreement, for all purposes, including renewal,
unless the Board, in its discretion, expressly waives all or part of this requirement.
12.2. No Consent Required. No such consent shall be required, however, for transactions
excluded under the definition of a Transfer of the Franchise. Transfer of the Franchise shall be
defined herein as it is defined in the Code of Virginia §152-2108.19, meaning any transaction in
which (i) an ownership or other interest in the Grantee is transferred, directly or indirectly, from
one person or group of persons to another person or group of persons, so that majority control of
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the Grantee is transferred; or (ii) the rights and obligations held by the Grantee under the Franchise
are transferred or assigned to another person or group of persons. However, notwithstanding
clauses (i) and (ii) of the preceding sentence, a transfer of the cable franchise shall not include (a)
transfer of an ownership or other interest in the Grantee to the parent of the Grantee or to another
affiliate of the Grantee; (b) transfer of an interest in the cable franchise granted under this article or
the rights held by the Grantee under the Franchise to the parent of the Grantee or to another
affiliate of the Grantee; (c) any action that is the result of a merger of the parent of the Grantee; (d)
any action that is the result of a merger of another affiliate of the Grantee; (e) a transfer in trust, by
mortgage, or by assignment of any rights, title, or interest of the Grantee in the Franchise or the
Cable System used to provide Cable Services in order to secure indebtedness.
12.3. Preservation of County's Rights. In the case of any Transfer, regardless of whether
consent of the Board is required, the transferee shall assume the obligations, liabilities and
responsibility for all acts and omissions, known and unknown, of the incumbent franchisee under
this agreement, for all purposes, including renewal, and agree to be bound by the terms of this
Franchise.
12.4. Approval Does Not Constitute Waiver of Rights. Approval by the Board of a Transfer,
or consummation of a Transfer permitted by Section 12.2, does not constitute a waiver or release of
any of the rights of the Board under this agreement against the transferor franchisee, whether
arising before or after the date of the Transfer.
12.5. Transfer Terms. The provisions in this Section 12 shall satisfy the requirements in
Sections 4, 15, and 21 of the Ordinance.
Section 13. RENEWAL OF FRANCHISE.
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13.1. Federal Law. The County and Grantee agree that any proceedings undertaken by the
County that relate to the renewal of this Franchise shall be governed by and comply with the
provisions of Section 626 of the Communications Act, 47 U.S.C. § 546.
13.2. Needs Assessment. The County agrees that if the County issues a request for a proposal
under 47 U.S.C. § 546(b), the County shall provide the Grantee with copies of any assessments of
future cable -related needs and interests or the past performance of the Grantee that were relied
upon by the County in preparing the request for proposal.
13.3. Informal Renewal. Notwithstanding anything to the contrary set forth herein, Grantee
and the County agree that at any time during the term of the then current Franchise, while affording
the public appropriate notice and opportunity to comment, the County and Grantee may agree to
undertake and finalize informal negotiations pursuant to 47 U.S.C. §546(h) regarding renewal of
the then current Franchise and the County may grant a renewal thereof.
13.4. Consistent with Law. Grantee and the County consider the terms set forth in this Article
12 to be consistent with the express provisions of 47 U.S.C. § 546 and Virginia Code Section 15.2-
2108.30.
13.5. Renewal of Franchise Terms. The provisions in this Section 13 shall satisfy the
requirements in Sections 4, and 21 of the Ordinance.
Section 14. ENFORCEMENT OR TERMINATION OF FRANCHISE
14.1. Notice of Violation. If at any time the County believes that Grantee has not complied
with the terms of the Franchise, the County shall make a good faith effort to informally discuss the
matter with Grantee.
14.2. Grantee's Right to Cure or Respond Before seeking enforcement of the Franchise, the
County shall notify the Grantee in writing of the exact nature of the alleged noncompliance (the
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"Noncompliance Notice"). Grantee shall have fifteen (15) business days from receipt of the
Noncompliance Notice to: (i) respond to the County, if Grantee contests (in whole or in part) the
assertion of noncompliance; (ii) cure such noncompliance; or (iii) in the event that, by its nature,
such noncompliance cannot be cured within such fifteen (15) day period, initiate reasonable steps
to remedy such noncompliance and notify the County of the steps being taken and the date by
which cure is projected to be completed. Upon cure of any noncompliance, County shall provide
written confirmation that such cure has been effected. The foregoing 15-day cure period shall not
apply to customer service obligations measured on a quarterly basis ("Quarterly Standards"), which
shall be governed by Section 14.3.
14.3. Quarterly Standards. Upon written request from the County, no later than thirty (30)
days after the end of each calendar quarter, the Grantee shall provide the County a written report
demonstrating the Grantee's level of compliance with each of the Quarterly Standards. If the
Grantee fails to meet any Quarterly Standard in a calendar quarter, the County shall have the right
to begin the process of assessing liquidated damages pursuant to Section 14.4.4 by sending a
Noncompliance Notice notifying the Grantee that the Grantee failed to comply with the Quarterly
Standard in question, in order to inform the Grantee that the Grantee is not in compliance with such
Quarterly Standard. Receipt of the Noncompliance Notice shall be deemed opportunity to cure.
Upon submitting any report to the County that demonstrates that the Grantee has not complied with
a Quarterly Standard, or within fifteen (15) days after receipt of a Noncompliance Notice, the
Grantee may submit information to the County describing any extenuating circumstances related to
any such noncompliance, and may request that the County waive liquidated damages, as provided
in Section 14.6. If the Grantee fails to meet the same Quarterly Standard in the immediately
22
succeeding calendar quarter, the County shall have the right to assess liquidated damages pursuant
to Section 14.4.4 by sending a Notice of Assessment in accordance with Section 14.8.
14.4. Enforcement.
Subject to applicable federal and state law and the terms and conditions of this Agreement,
including Section 14.3, the County may apply one or more of the following remedies if the County
determines that Grantee is in default of any provision of this Franchise:
14.4.1. Seek specific performance of any provision, which reasonably lends itself to such
remedy, as an alternative to damages; or
14.4.2. Commence an action at law for monetary damages or seek other equitable relief;
or
14.4.3. In the case of a default of a material provision of the Franchise, seek to revoke the
Franchise in accordance with Section 14.10; or
14.4.4. Assess and collect liquidated damages as set forth in Section 14.5 of this
Agreement; or
14.4.5. Apply any other remedy provided for in this Agreement or applicable federal, state
or local laws.
14.5. Liquidated Damages. Because the Grantee's failure to comply with provisions of this
Franchise may result in injury to the County, because it may be difficult to quantify the extent of
such injury, and in full satisfaction for the term of this Agreement of the obligations set forth in this
Agreement, the County and the Grantee agree that, subject to the procedures in Section 14.8,
liquidated damages as set forth herein may be assessable against the Grantee for certain violations
of provisions of this Franchise. On an annual basis from the Effective Date of this Franchise,
liquidated damages in total will not exceed ten thousand dollars ($10,000). The Grantee hereby
23
waives any defense as to the validity of any liquidated damages stated in this Franchise Agreement
on the grounds that such liquidated damages are void as penalties or are not reasonably related to
actual damages. The liquidated damages shall not apply when caused by Force Majeure events and
shall only apply from the date of the Notice of Assessment as provided for in Section 14.8.
14.5.1. Failure to materially comply with requirements related to (i) the technical quality
and reliability of the PEG channels, including without limitation downstream signal quality and
reliability of return feeds from PEG origination sites to the headend, and (ii) provision of channel
capacity for use as PEG channels: Three hundred dollars ($300) for each violation for each day the
violation continues.
14.5.2. Failure to comply with Customer Service Standards set forth in Section 9 of this
Agreement, other than Quarterly Standards: One hundred dollars ($100) for the first violation; two
hundred fifty dollars ($250) for any violation within 12 months after the first violation; and five
hundred dollars ($500) for any violation within 12 months after the second or any subsequent
violation. Liquidated damages shall not be paid where the Subscriber is otherwise compensated by
Grantee for the alleged non-compliance.
14.5.3. For violation of a Quarterly Standard: One thousand five hundred dollars ($1500);
14.5.4. For violation of applicable FCC technical standards: Two hundred fifty dollars
($250) per day for each for each day the violation continues;
14.5.5. For failure to file, obtain, maintain or replenish the performance bond in a timely
fashion: two hundred fifty dollars ($250) per day for each day the violation continues; and
14.5.6. For failure to comply with Section 7.1 (Courtesy Service to Public Facilities):
Two hundred fifty dollars ($250) per day for each day the violation continues;
24
14.5.7. For failure to comply with Section 5.1 (Cable System Characteristics): One
Hundred dollars ($100) per day for each day the violation continues; and
14.5.8. For a Transfer without approval as specified in Section 12: Five Hundred dollars
($500) per day for each day the violation continues.
14.6. Waiver. The County may reduce or waive any of the above -listed liquidated damages if
the County determines that such waiver is in the best interests of the County.
14.7. Single Violation. For purposes of any liquidated damages assessments, all similar
violations or failures from the same factual events affecting multiple Subscribers shall be assessed
as a single violation, and a violation or a failure may only be assessed under any single one of the
above -referenced categories.
14.8. Assessment of Liquidated Damages. In order to assess the liquidated damages set forth
herein, the County, following provision to the Grantee of a written Noncompliance Notice as set
forth in Section 14.2 and the expiration of applicable cure periods, shall issue to the Grantee, by
certified mail or other comparable means, a notice of intention to assess liquidated damages
("Notice of Assessment"). The Notice of Assessment shall set forth the basis of the assessment,
and shall inform the Grantee that liquidated damages will be assessed from the date of the notice.
Unless the County indicates to the contrary, or the violation is for a Quarterly Standard, liquidated
damages shall be assessed beginning with the date on which the County sent the Notice of
Assessment and continuing thereafter until such time as the violation ceases as determined by the
County. Payment by the Grantee of any assessment of liquidated damages shall be due thirty (30)
days after the date of the Notice of Assessment. If Grantee objects to the Notice of Assessment,
Grantee shall have the right to challenge the assessment in the Circuit Court for the County, or in
the United States District Court for the Western District of Virginia, Roanoke Division, and in no
25
other courts, in which case the assessment will be stayed until the issue is decided by such court, or
the parties resolve the matter in some other fashion. If Grantee does not, within the thirty -day
period, make full payment or challenge the assessment in court, the County may withdraw from
Grantee's Performance Bond the amount due. The County may make one or more withdrawals
from the Performance Bond during and after any period in which a violation remains uncured,
provided that the total withdrawn does not exceed the amount due for the period between the date
of the Notice of Assessment and the date on which the violation is deemed cured by the County.
14.9. Performance Bond.
14.9.1. Grantee shall obtain within thirty (30) days of executing this Agreement, and
maintain thereafter throughout the Agreement term, a performance bond in the amount of fifty
thousand dollars ($50,000) (the "Performance Bond") from a financial institution reasonably
acceptable to the County ("Lending Institution"). The Performance Bond shall be in a form
substantially the same as the form attached hereto as Exhibit D and that is acceptable to the
County. The Performance Bond shall be used to ensure Grantee's compliance with the material
terms and conditions of this Agreement.
14.9.2. Grantee shall file with the County a complete copy of the Performance Bond
(including all terms and conditions applying to the performance bond), and keep such copy current
with respect to any changes over the term of the Agreement.
14.9.3. If the County notifies the Grantee of any amounts due to the County pursuant to
this Agreement or applicable law, including, without limitation, liquidated damages assessed
pursuant to Section 14.5, and the PEG Capital Grant provided for in Section 8.1, and the Grantee
does not make such payment within thirty (30) days, the County may draw upon the Performance
Bond by presentation of a draft at sight drawn on the Lending Institution, accompanied by a written
26
certificate signed by the County Administrator certifying that Grantee has failed to comply with
this Agreement and stating the specific reason therefor and the basis for the amount being
withdrawn.
14.9.4. In the event the Lending Institution serves notice to the County that it elects not to
renew the Performance Bond, the Grantee shall provide a substitute Performance Bond, in
substantially the same form as that attached hereto as Exhibit D, from a Lending Institution
approved by the County, before the effective Performance Bond expires.
14.9.5. No later than thirty (30) days after mailing of notification to the Grantee by
certified mail, return receipt requested, of a withdrawal under the Performance Bond, the Grantee
shall restore the amount of the Performance Bond to the total amount specified herein, unless the
Grantee has disputed the basis for the original withdrawal, in which case the obligation to restore
shall be suspended until a final non -appealable decision on the dispute has been issued by a court
of competent jurisdiction authority as provided in Section 14.8.
14.9.6. The rights reserved to the County with respect to the Performance Bond are in
addition to all other rights of the County, whether reserved by this Agreement or otherwise
authorized by law, and no action, proceeding or right with respect to the Performance Bond shall
affect any other right the County has or may have.
14.9.7. No recovery by the County of any sum by reason of the Performance Bond
required in Section 14.9.1 of this Agreement shall be any limitation upon the liability of Grantee to
the County under the terms of this Agreement, except that any sums so received by the County
shall be deducted from any recovery which the County shall establish against Grantee under the
terms of this Agreement.
27
14.10. Revocation. Should the County seek to revoke this Franchise after following the
procedures set forth above in Section 14.2 of this Article, the County shall give written notice to
Grantee of such intent. The notice shall set forth the specific nature of the noncompliance. The
Grantee shall have sixty (60) days from receipt of such notice to object in writing and to state its
reasons for such objection. In the event the County has not received a satisfactory response from
Grantee, it may then seek termination of the Franchise at a public hearing before the Board. The
County shall provide the Grantee, at least thirty (30) days written notice of such public hearing,
specifying the time and place of such hearing and stating its intent to revoke the Franchise.
14.10.1. At the designated hearing, Grantee shall be provided a fair opportunity for full
participation in accordance with applicable law, including the right to be represented by legal
counsel.
14.10.2. In making any decision to revoke the Franchise, the County shall apply the
standards provided by applicable law. Grantee shall have the right to appeal any revocation in the
Circuit Court for the County, or in the United States District Court for the Eastern District of
Virginia, Richmond Division, and in no other courts.
14.10.3. The County may, at its sole discretion, take any lawful action which it deems
appropriate to enforce the County's rights under the Franchise in lieu of revocation of the
Franchise. The County may also, in lieu of revocation, grant additional time to the Grantee to
effect a cure of any default.
14.11. Enforcement or Termination of Franchise Terms. The provisions in this Section 14 shall
satisfy the requirements in Sections 16(d), 16(e), 19, and 20 of the Ordinance.
Section 15. INSURANCE AND INDEMNIFICATION
28
15.1. Insurance Coverage. Grantee shall maintain in full force and effect, at its own cost and
expense, during the Franchise Term, the following insurance coverage amounts which may be
made up of a combination of primary and umbrella coverage:
15.1.1. Commercial General Liability Insurance in the amount of five million dollars
($5,000,000) combined single limit and five million dollars ($5,000,000.00) aggregate for property
damage and bodily injury. Such insurance shall cover the construction, operation and maintenance
of the Cable System, and the conduct of Grantee's Cable Service business in the County.
15.1.2. Automobile Liability Insurance in the amount of minimum bodily injury coverage
for each occurrence of $2,000,000 and property damage coverage of not less than $1,000,000 per
occurrence. Workers' Compensation Insurance meeting all legal requirements of the
Commonwealth of Virginia.
15.1.3. Employers' Liability Insurance in the following amounts: (A) Bodily Injury by
Accident: one hundred thousand dollars ($100,000); and (B) Bodily Injury by Disease: one
hundred thousand dollars ($100,000) employee limit; five hundred thousand dollars ($500,000)
policy limit.
15.2. Insurance Terms.
15.2.1. The County shall be designated as additional insured under each of the insurance
policies required in this Article 9 except Workers' Compensation and Employers' Liability
Insurance.
15.2.2. Grantee shall not cancel any required insurance policy without obtaining
alternative insurance in conformance with this Agreement.
29
15.2.3. All policies shall be issued by companies qualified to write insurance in the
Commonwealth of Virginia and which maintain throughout the policy term a general rating of A-
VII and a financial size category of "A:X" as determined by AM Best Rating Company.
15.2.4. Grantee shall deliver to the County Certificates of Insurance showing evidence of
the required coverage within thirty (30) days after the Effective Date, and upon written request
thereafter.
15.3. Indemnification Provisions.
15.3.1. Grantee agrees to indemnify, save and hold harmless, and defend the County, its
officers, agents, boards and employees, from and against any liability for damages or claims
resulting from tangible property damage or bodily injury (including accidental death), to the extent
proximately caused by any of Grantee's acts or omissions in its construction, operation, or
maintenance of its Cable System, provided that the County shall give Grantee written notice of its
obligation to indemnify the County in a timely fashion, not to exceed thirty (30) days of receipt of a
claim or action or such reasonable time based on the type and scope of such claim or action made
pursuant to this subsection. Notwithstanding the foregoing, Grantee shall not indemnify the
County, for any damages, liability or claims resulting from the willful misconduct or negligence of
the County, its officers, agents, employees, attorneys, consultants, independent contractors or third
parties or for any activity or function conducted by any Person other than Grantee in connection
with PEG Access Channels or EAS, or the distribution of any Cable Service over the Cable
System.
15.3.2. With respect to Grantee's indemnity obligations set forth in herein, Grantee shall
provide the defense of any claims brought against the County and the County may select its
counsel to defend the claim, subject to the consent of the Grantee, which shall not unreasonably be
30
withheld. Nothing herein shall be deemed to prevent the County from cooperating with the Grantee
and participating in the defense of any litigation by its own counsel at its own cost and expense,
provided however, that after consultation with the County, Grantee shall have the right to defend,
settle or compromise any claim or action arising hereunder, and Grantee shall have the authority to
decide the appropriateness and the amount of any such settlement. In the event that the terms of
any such proposed settlement includes the release of the County and the County does not consent
to the terms of any such settlement or compromise, Grantee shall not settle the claim or action but
its obligation to indemnify the County shall in no event exceed the amount of such settlement.
15.3.3. The County shall be responsible for its own acts of willful misconduct or
negligence, or breach of obligation committed by the County for which the County is legally
responsible, subject to any and all defenses and limitations of liability provided by law. The
Grantee shall not be required to indemnify the County for acts of the County which constitute
willful misconduct or negligence on the part of the County, its officers, employees, agents,
attorneys, consultants, independent contractors or third parties.
15.4. Insurance and Indemnification Terms. The provisions in this Section 15 shall satisfy the
requirements in Section 9 of the Ordinance.
Section 16. FORCE MAJEURE
16.1. Force Majeure Definition. An event or events reasonably beyond the ability of the
Grantee to anticipate and control. "Force Majeure" includes, but is not limited to, severe or unusual
weather conditions, strike, labor disturbance, lockout, war or act of war (whether an actual
declaration of war is made or not), insurrection, riot, act of public enemy, action or inaction of any
government instrumentality or public utility including condemnation, accidents for which the
Grantee is not primarily responsible, fire, flood or other act of God, sabotage, work delays because
31
utility providers denied or delayed the Grantee access to utility poles to which the Grantee's Cable
System is attached, and unavailability of materials and/or qualified labor to perform the work
necessary if such acquisition of qualified labor would be commercially impracticable as defined in
47 U.S.C. § 545(f).
16.2. Force Majeure Conditions. The Grantee shall not be held in default under, or in
noncompliance with, the provisions of the Franchise, nor suffer any enforcement or penalty relating
to noncompliance or default, where such noncompliance or alleged defaults occurred or were
caused by a Force Majeure. For purposes of this Franchise, any one (1) delay caused by any such
occurrence shall not be deemed to last longer than six (6) months and the party claiming delay
caused by any and all such occurrences shall give the other party written notice of the same within
30 days after the date such claiming party learns of such occurrence. Notwithstanding anything else
set forth above, after a total of twelve (12) months of delays of any type have been claimed by a
party as being subject to Force Majeure, no further delays or claims of any type shall be claimed by
such party as being subject to Force Majeure and/or being an excusable delay.
Section 17. NON-DISCRIMINATION.
The Grantee shall adhere to the Equal Employment Opportunity regulations of the FCC and
to all federal, state, and local laws, and executive orders pertaining to discrimination, equal
employment opportunity, and affirmative action, that are applicable to the Grantee with regard to
this Agreement.
Section 18. MISCELLANEOUS PROVISIONS
18.1. Counterpart Copies. This Agreement may be executed in any number of counterpart
copies, each of which shall be deemed an original, but all of which together shall constitute a single
instrument.
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18.2. Nonwaiver. The Grantee agrees that the County's waiver or failure to enforce or require
performance of any term or condition of this Agreement or the County's waiver of any particular
breach of this Agreement by the Grantee extends to that instance only. Such waiver or failure is
not and shall not be a waiver of any of the terms or conditions or this Agreement except as set forth
herein, or a waiver of any other breaches of this Agreement by the Grantee, and does not bar the
County from requiring the Grantee to comply with all the terms and conditions of this Agreement
and does not bar the County from asserting any and all rights and/or remedies the County has or
might have against the Grantee under this Agreement or by law.
18.3. Rights of Third Parties. Nothing herein shall be construed to give any Person other than
the Grantee or the County a right to assert any claim or cause of action against the Grantee or the
County, its employees, elected or appointed officials, officers, boards, authorities, commissions,
committees, commissioners, or agents.
18.4. Forum Selection and Choice Of Law. By virtue of entering into this Agreement, the
Grantee submits itself to a court of competent jurisdiction in the County of Roanoke, Virginia, and
further agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia (and,
where applicable, federal law), and that all claims, disputes, and other matters shall only be decided
by such court according to the laws of the Commonwealth of Virginia (and, where applicable,
federal law).
18.5. Captions and Headings. The section captions and headings of this Agreement are
for convenience and reference purposes only and shall not affect in any way the meaning or
interpretation of this Agreement.
18.6. Faith Based Organization. Pursuant to Virginia Code Section 2.2-4343.1, be advised
that the County does not discriminate against faith based organizations.
33
18.7. Notice. Unless otherwise expressly stated herein, notices required under the Franchise
shall be mailed first class, postage prepaid, or sent via recognized national overnight courier
service to the addressees below. Notwithstanding the foregoing, notices required by 47 C.F.R.
76.1603 may be sent via electronic mail. Each party may change its designee by providing written
notice to the other party.
Notices to Grantee shall be mailed to:
Shenandoah Cable Television, LLC
ATTN: Regulatory Affairs
500 Shentel Way
Edinburg, VA 22824
Notices to the County shall be mailed to:
County Administrator
Roanoke County Administration Building
5204 Bernard Drive
Roanoke, VA, 24018
with copies to:
County Attorney
Roanoke County Administration Building
5204 Bernard Drive
Roanoke, VA, 24018
18.8. Entire Agreement and Amendments. This Agreement, together with the Ordinance,
constitutes the entire agreement of the parties hereto and supersedes all prior offers, negotiations,
and agreements among the parties. No amendment to this Agreement shall be valid unless made in
writing and signed by the parties hereto.
18.9. Exhibits.
EXHIBIT A: Definitions
EXHIBIT B: EG Access Points
34
EXHIBIT C: List of facilities with courtesy service
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF AND AGREED TO THIS
DAY OF , 2023 , the parties hereto
have signed this Agreement by their authorized representatives.
County of Roanoke, Virginia
By:
County Administrator / Deputy County Administrator
Shenandoah Cable Television, LLC
By:
Chris Kyle
VP Industry Affairs and Regulatory
36
EXHIBIT A
DEFINITION
1. "Board" shall mean the Board of Supervisors of the County of Roanoke, Virginia.
2. "Cable Service" shall have the same meaning as ascribed to the term "cable service" in
the Cable Act.
3. "Cable System" shall have the same meaning as ascribed to the term "cable system" in
the Cable Act.
4. "Channel" shall mean a portion of the electromagnetic frequency spectrum that is used in
the Grantee's Cable System and that is capable of delivering a video signal as that term
is defined by the FCC as of the Effective Date of this Agreement.
5. "City" shall mean the City of Roanoke, Virginia.
6. "County" shall mean the County of Roanoke, Virginia.
7. "EG" shall mean any Channel required by this Franchise Agreement to be provided by
the Grantee and set aside for educational or governmental use.
8. "EG Access Channels" shall refer to the channel capacity on a System devoted to EG
Access.
9. "FCC" shall mean the Federal Communications Commission or its successor.
10. "Franchise" shall mean the franchise granted pursuant to this Agreement.
11. "Gross Revenues" shall mean all revenue, as determined in accordance with generally
accepted accounting principles, that is actually received by Grantee and derived from the
operation of the Cable System to provide Cable Services in the Franchise Area; "Gross
Revenue" shall not include: (i) refunds or rebates made to subscribers or other third
parties; (ii) any revenue which is received from the sale of merchandise over home
shopping channels carried on the Cable System, but not including revenue received from
home shopping channels for the use of the Cable Service to sell merchandise; (iii) any
tax, fee, or charge collected by Grantee and remitted to a governmental entity or its agent
or designee, including without limitation a local public access or education group; (iv)
program launch fees; (v) directory or Internet advertising revenue including, but not
limited to, yellow page, white page, banner advertisement, and electronic publishing; (vi)
a sale of Cable Service for resale or for use as a component part of or for the integration
into Cable Services to be resold in the ordinary course of business, when the reseller is
required to pay or collect franchise fees or similar fees on the resale of the Cable Service;
(vii) revenues received by any affiliate or any other person in exchange for supplying
goods or services used by Shentel/Grantee to provide Cable Service; and (viii) revenue
derived from services classified as Non -Cable Services under federal law, including,
without limitation, revenue derived from telecommunications services and information
services, and any other revenues attributed by Grantee to Non -Cable Services in
37
accordance with rules, regulations, standards, or orders of the Federal Communications
Commission.
12. "Home" shall mean any single family dwelling unit, whether a house, apartment, trailer
or mobile home, rented room or otherwise.
13. "Person" shall mean any individual, firm, partnership, association, corporation,
company, trust, or entity of any kind, but shall not include the County, the City, or the
Town.
14. "PEG Access" shall mean public, educational and/or governmental use as provided in the
Cable Act (47 U.S.C. §531).
15. "Service Area" shall mean the geographical area in the County, City or Town, as the
context may require, in which a Franchisee is authorized by a Franchise to construct its
System and to provide Cable Service; provided, however, that until the Grantee offers
Cable Service throughout such Service Area, a Grantee's Service Area shall be such
lesser portion in which it offers Cable Service.
16. "Streets" shall mean all public streets, roads, avenues, highways, boulevards,
concourses, driveways, bridges, tunnels, parkways, alleys, and all other public rights -of -
way within or belonging to the County, City or Town, as the context may require.
17. "Subscriber" shall mean a Person lawfully receiving Cable Service on the Grantee's
Cable System.
18. "Town" shall mean the Town of Vinton, Virginia.
19. "VDOT" shall mean the Virginia Department of Transportation.
38
EXHIBIT B
39
EXHIBIT C
EG Access Points
1. Roanoke County Administration Building
5204 Bernard Drive, Roanoke, VA 24018
(540)772-2006
2. Roanoke Municipal Building
215 Church Avenue, SW, Roanoke, VA 24011
(540)853-2333
3. Old Jefferson High School Building/RVTV
541 Luck Avenue, SW, Suite 145, Roanoke, VA 24016
(540)857 -5021
4. Vinton Town Council
311 South Pollard Street, Vinton, VA 24179
(540)342-8135
5. Roanoke City School Administration Building
40 Douglass A venue, NW, Roanoke, VA 24012
(540)853-2381
6. Roanoke County School Administration Building
5937 Cove Road, Roanoke, VA 24019
(540) 562-3900
7. Roanoke County Public Safety Center
5925 Cove Road, Roanoke, VA 24019
(540)772-2006
40
EXHIBIT D
List of facilities with courtesy service
COUNTY OF ROANOKE
COUNTY OF ROANOKE
COUNTY OF ROANOKE
COUNTY OF ROANOKE
COUNTY OF ROANOKE
COUNTY OF ROANOKE
COUNTY OF ROANOKE
COUNTY OF ROANOKE
COUNTY OF ROANOKE
COUNTY OF ROANOKE
COUNTY OF ROANOKE
COUNTY OF ROANOKE
COUNTY OF ROANOKE
COUNTY OF ROANOKE
COUNTY OF ROANOKE
COUNTY OF ROANOKE
COUNTY OF ROANOKE
COUNTY OF ROANOKE
COUNTY OF ROANOKE(Explore Park)
COUNTY OF ROANOKE
COUNTY OF ROANOKE (Ft Lewis F&R)
COUNTY OF ROANOKE (Hollins F&R)
COUNTY OF ROANOKE (Mt. Pleasant)
COUNTY OF ROANOKE
COUNTY OF ROANOKE (Read Mt F&R)
COUNTY OF ROANOKE (Cave Spring F&R)
COUNTY OF ROANOKE (Cave Spring
Rescue)
COUNTY OF ROANOKE
ROANOKE COUNTY PUBLIC SCHOOLS
ROANOKE COUNTY PUBLIC SCHOOLS
ROANOKE COUNTY PUBLIC SCHOOLS
ROANOKE COUNTY PUBLIC SCHOOLS
ROANOKE COUNTY PUBLIC SCHOOLS
ROANOKE COUNTY PUBLIC SCHOOLS
6461 MERRIMAN RD ROANOKE, VA 24018
6461 MERRIMAN RD ROANOKE, VA 24018
STE 145 541 LUCK AVE SW ROANOKE, VA 24016
900 CHESTNUT ST VINTON, VA 24179
10148 TINSLEY LN BENT MOUNTAIN, VA 24059
5342 INDIAN GRAVE RD ROANOKE, VA 24018
7125 BENT MOUNTAIN RD ROANOKE, VA 24018
6624 PETERS CREEK RD, ROANOKE, VA 24019
9606 BENT MOUNTAIN RD BENT MOUNTAIN, VA
24059
3738 BRAMBLETON AVE ROANOKE, VA 24018
5925 COVE RD, ROANOKE, VA 24019
311 S POLLARD ST VINTON, VA 24179
STE 402 5204 BERNARD DR ROANOKE, VA 24018
150 HERSHBERGER RD ROANOKE, VA 24012
5235 HOLLINS RD ROANOKE, VA 24019
7415 WOOD HAVEN RD ROANOKE, VA 24019
STE 417 5204 BERNARD DR ROANOKE, VA 24018
6303 MERRIMAN RD ROANOKE, VA 24018
56 ROANOKE RIVER PARKWAY, ROANOKE VA 24014
3917 DAUGHTERY RD SALEM, VA 24153
3915 WEST MAIN STREET SALEM, VA 24153
7401 BARRENS ROAD, ROANOKE, VA 24019
2909 JAE VALLEY ROAD, ROANOKE VA 24014
5401 BARNS AVE NW ROANOKE, VA 24019
43 EAST PARK DR. ROANOKE, VA 24019
4212 OLD CAVE SPRING ROAD, ROANOKE, VA 24018
3206 VALLEY FORGE AVENUE, ROANOKE, VA 24018
300 S POLLARD ST VINTON, VA 24179
1200 HARDY RD VINTON, VA 24179
3115 W MAIN ST SALEM, VA 24153
2902 E WASHINGTON AVE VINTON, VA 24179
1002 RUDDELL RD VINTON, VA 24179
3712 CHAPARRAL DR ROANOKE, VA 24018
5437 CRUMPACKER DR ROANOKE, VA 24019
41
ROANOKE COUNTY PUBLIC SCHOOLS
ROANOKE COUNTY PUBLIC SCHOOLS
5000 TITAN TRL ROANOKE, VA 24018
6328 MERRIMAN RD ROANOKE, VA 24018
ROANOKE COUNTY PUBLIC SCHOOLS
ROANOKE COUNTY PUBLIC SCHOOLS
ROANOKE COUNTY PUBLIC SCHOOLS
ROANOKE COUNTY PUBLIC SCHOOLS
ROANOKE COUNTY PUBLIC SCHOOLS
3838 OVERDALE RD ROANOKE, VA 24018
6758 NORTHSIDE HIGH SCHOOL RD ROANOKE, VA
24019
7130 BENT MOUNTAIN RD ROANOKE, VA 24018
4902 HIDDEN VALLEY SCHOOL RD ROANOKE, VA
24018
4880 BRAMBLETON AVE ROANOKE, VA 24018
ROANOKE COUNTY PUBLIC SCHOOLS
5005 GRANDIN ROAD EXT ROANOKE, VA 24018
ROANOKE COUNTY PUBLIC SCHOOLS
5205 FRANKLIN RD SW ROANOKE, VA 24014
ROANOKE COUNTY PUBLIC SCHOOLS
6533 PETERS CREEK RD ROANOKE, VA 24019
ROANOKE COUNTY PUBLIC SCHOOLS
3216 MOUNT PLEASANT BLVD ROANOKE, VA 24014
ROANOKE COUNTY PUBLIC SCHOOLS
5901 PLANTATION CIR ROANOKE, VA 24019
ROANOKE COUNTY PUBLIC SCHOOLS
2910 E WASHINGTON AVE VINTON, VA 24179
ROANOKE COUNTY PUBLIC SCHOOLS
5404 SPRINGLAWN AVE ROANOKE, VA 24018
ROANOKE COUNTY PUBLIC SCHOOLS
5901 COVE RD ROANOKE, VA 24019
ROANOKE COUNTY PUBLIC SCHOOLS
6810 NORTHSIDE HIGH SCHOOL RD ROANOKE, VA
24019
ROANOKE COUNTY PUBLIC SCHOOLS
5937 COVE RD ROANOKE, VA 24019
42
43
EXHIBIT D
Sample Bond Form
Sample Bond
FRANCHISE BOND
KNOW ALL MEN BY THESE PRESENTS,
THAT Shenandoah Cable Television, LLC, as Principal, and having
its executive office in , as Surety, are held and firmly bound unto
the , hereinafter referred to as Obligee, in the penal sum of fifty thousand
Dollars ($50,000.00) for the payment of which, well and truly to be made, we bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents, the liability of the Surety being limited to said penal sum regardless of the number of
years this bond remains in force or is renewed, of the number of premiums that shall be payable
or paid, the number of Subscribers to the system and/or legal fees which may be required and
incurred.
WHEREAS, the Obligee has granted a franchise to Principal ("Franchise Agreement") to use the
public streets, alleys and public ways to erect, construct, install, and maintain a Cable System and
to construct, install, and maintain associated equipment, including wires, cables, conduits and
appurtenances necessary to the sale and distribution of Cable Television services in and along the
streets, alleys, and other public ways in the , and in and on the property of
the
WHEREAS, this Bond shall be used to ensure Principal's compliance with the material terms
and conditions of the Franchise Agreement, any rules promulgated thereunder, and compliance
with all lawful orders, permits, and directions of any agency, commission, board, department,
division, or office of the City/Town/County or VDOT having jurisdiction over the acts of the
Principal, or defaults under the Franchise Agreement or the payment by Principal of any
penalties, liquidated damages, claims, liens, and taxes due the City/Town/County which arise by
reason of the construction, operation, or maintenance of Principal's cable system in the
City/Town/County, including, restoration of the public rights -of -way and the cost of removal or
abandonment of any property of a cable operator.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall
faithfully perform, well and truly observe and fulfill their terms and conditions of the franchise,
then this obligation shall be null and void; otherwise it shall remain in full force and effect until
cancelled.
44
PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder,
that in the event of any default on the part of the Principal, a written statement of the particular
facts showing the date and nature of such default shall be immediately delivered to the Surety by
registered mail at its Home Office at
AND PROVIDED FURTHER that no action, suit or proceeding shall be had or maintained
against the Surety on this instrument unless same be brought or instituted and process served
upon the surety within twelve (12) months after an act of breach or cancellation of this bond or
termination of said franchise, whichever occurs first.
It is hereby understood and agreed that this bond may not be cancelled without the consent of
the City/Town/County until sixty (60) days after receipt by the City/Town/County by
registered mail, return receipt requested, of a written notice of intent to cancel or not renew.
Such cancellation shall not affect any liability incurred or accrued under this Bond prior to the
effective date of such termination or cancellation.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this day of _, 2023.
Witness: Shenandoah Cable Television, LLC
By:
Witness: SURETY
By:
45
SURETY ACKNOWLEDGMENT
STATE OF
COUNTY/CITY OF
On this day of , , personally appeared
known to me to be the Attorney in Fact of and
acknowledged to me that he executed the within instrument first written above.
Notary Public
Commission expires:
Page 46
ACTION NO.
ITEM NO. F.1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 10, 2023
AGENDA ITEM: Appointments to Committees, Commissions and Boards
SUBMITTED BY: Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Open district appointments
BACKGROUND:
1. Roanoke County Board of Zoning Appeals:
Robert Arthur's five (5) year term representing the Windsor Hills Magisterial District
expired June 30, 2022. Mr. Arthur does not wish to be reappointed.
2. Roanoke County Economic Development Authority (EDA)(appointed by
District):
Steve Musselwhite's four-year term on the EDA expired on September 26, 2021
and he does not wish to be reappointed.
3. Roanoke County Parks, Recreation and Tourism Advisory Commission
(appointed by District):
The following appointments remain open:
Mike Roop's three (3) year term representing the Vinton Magisterial District expired
June 30, 2019.
Rich Tomlinson's three (3) year term representing the Vinton Magisterial District
Page 1 of 2
expired June 30, 2021.
Murray Cook's three (3) year term representing the Windsor Hills Magisterial District
expired June 30, 2020.
There is also one open Windsor Hills Magisterial District appointee.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 10, 2023
RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM G - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for October 10,
2023, designated as Item G - Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through 4
inclusive, as follows:
1. Approval of minutes — August 8, 2023; August 22, 2023
2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke
County to Billy Fadorick, Application Services Manager, upon his retirement after
twenty-six (26) years of service
3. Designation of voting delegate to the Virginia Association of Counties (VACo)
Conference to be held November 12-14, 2023
4. Ordinance approving a permanent easement to the City of Salem for the
erection of a public bus shelter located at 305 East Main Street, Salem, Virginia
(the Roanoke County Courthouse property) (Second Reading)
Page 1 of 1
ACTION NO.
ITEM NO. G.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 10, 2023
AGENDA ITEM:
Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Billy Fadorick, Application
Services Manager, upon his retirement after twenty-six (26)
years of service
SUBMITTED BY: Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Recognition of the retirement of Billy Fadorick.
BACKGROUND:
Billy Fadorick, Application Services Manager, retired on September 1, 2023, after
twenty-six (26) years of service with Communications and Information Technology.
Mr. Fadorick is unable to attend today's meeting, but his resolution and quilt will be
mailed to his home.
STAFF RECOMMENDATION:
Staff recommends approval of the attached resolution.
Page 1 of 1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 10, 2023
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO BILLY FADORICK,
APPLICATION SERVICES MANAGER, AFTER TWENTY-SIX (26) YEARS
OF SERVICE
WHEREAS, Billy Fadorick was employed by Roanoke County on September 22,
1997; and
WHEREAS, Mr. Fadorick retired on September 1, 2023, after twenty-six (26) years
of devoted, faithful and expert service to Roanoke County; and
WHEREAS, Mr. Fadorick, has served as a Programmer/Analyst, System Analyst,
Business Systems Analyst III and Application Services Manager throughout his
employment with the Roanoke County Communications and Information Technology
Department; and
WHEREAS, throughout Mr. Fadorick's tenure with Roanoke County, he played a
critical role ensuring that the County computer systems would function properly at the
change of the Century in January 2000. This success of this project required research,
programming, and verification on all of the County mainframe systems. During the
transition from the South View Public Safety Center to the new center, Billy led the team in
the transition from the old Computer Aided Dispatch system to the system that is still in use
today. He implemented the new cashiering system for Treasurer's Office and the new
online automated jury system for the Sheriff's Office. As the leader of the Information
Technology Public Safety Applications Team, he implemented new jail management
system, wrote and maintained the software used for the Police Property Room system, and
the roll out of the Mobile Data Terminals for County Public Safety Agencies.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County expresses its deepest appreciation and the appreciation of the citizens of Roanoke
County to BILLY FADORICK for twenty-six (26) years of capable, loyal and dedicated
service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
2
ACTION NO.
ITEM NO. G.3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 10, 2023
AGENDA ITEM: Designation of voting delegate to the Virginia Association of
Counties (VACo) Conference to be held November 12-14,
2023
SUBMITTED BY: Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Designation of voting delegate to VACo
BACKGROUND:
The Virginia Association of Counties' (VACo) annual conference will be held November
12-14, 2023. They have requested that each county designate a representative of its
Board of Supervisors as well as an alternate to cast its votes at the annual business
meeting on Tuesday, November 14, 2023. The voting credentials form must be
submitted to VACo by November 7, 2023.
DISCUSSION:
Chairman Martha B. Hooker and Vice Chairman Paul M. Mahoney will be attending the
conference and it is recommended that Chairman Hooker be appointed as Roanoke
County's voting representative for 2023. Additionally, it is recommended that
Supervisor Paul M. Mahoney be designated as the alternate.
FISCAL IMPACT:
There is no fiscal impact associated with this Board action.
Page 1 of 2
STAFF RECOMMENDATION:
Staff recommends appointing Martha B. Hooker and Paul M. Mahoney as the voting
representatives for 2023.
Page 2 of 2
ACTION NO.
ITEM NO. G.4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 10, 2023
AGENDA ITEM:
Ordinance approving a permanent easement to the City of
Salem for the erection of a public bus shelter located at 305
East Main Street, Salem, Virginia (the Roanoke County
Courthouse property)
SUBMITTED BY: George G. Assaid
Capital Projects Administrator
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
The City of Salem is requesting a permanent easement from the Board of Supervisors
of Roanoke County, Virginia, for the erection of a new public bus shelter located at 305
E. Main Street, Salem, Virginia.
BACKGROUND:
The City of Salem is developing the next phase of the downtown streetscape renovation
project, extending from Market Street to Thompson Memorial Drive, including the area
in front of the Roanoke County Courthouse.
DISCUSSION:
The next phase of the City of Salem's downtown streetscape renovation project will
extend from Market Street to Thompson Memorial. A portion of this project phase
includes the City of Salem adding public bus shelters on each side of Main Street. The
City of Salem has determined that the most logical location for placement of one of the
bus shelters is at the northwest corner of 305 E. Main Street (the Roanoke County
Courthouse property which is owned by the Board of Supervisors of Roanoke County,
Virginia).
The City of Salem is requesting a permanent easement from the Board of Supervisors
Page 1 of 2
measuring 10 feet by 40 feet for the erection of a new public bus shelter.
Roanoke County's Sheriff has reviewed the request and does not object to the bus
shelter's location or the permanent easement.
This project is expected to go to bid in the fall of 2023, with construction anticipated to
start after January 1, 2024. During construction, City of Salem staff will communicate
and coordinate with Roanoke County staff about any potential impacts to the parking or
operations at the Roanoke County Courthouse.
There have been no changes since the first reading of this ordinance on September 12,
2023.
FISCAL IMPACT:
There is no fiscal impact associated with this request.
STAFF RECOMMENDATION:
Staff recommends approval of the attached ordinance.
Page 2 of 2
ROANOKE COLLEGE TRUSTEES1°9
D.B. 144 PG. 568 n
0.78 AC. (DEED)
PARCEL #106-12-1.1
#301 E. MAIN ST. z
Grass
LEGEND:
±150'to
College Ave.
—R/W— — RIGHT—OF—WAY UNE
—PL — — PROPERTY UNE
S/W — SIDEWALK
0
10'
NEW 10' BUS
SHELTER EASEMENT
(400 Sq. Ft.)
Conc. S/W
ROANOKE COUNTY BOARD
OF SUPERVISORS
D.B. 57 PG. 565
D.B. 51 PG. 772
D.B. 51 PG. 777
O.B. 56 PG. 613
1.77 AC. (DEED)
PARCEL 1106-12-1
#305 E. MAIN ST.
Conc. S/W
a
a
////////////////
S 78° 06
0.5" Conc. Curb
E. MAIN ST.
(60' RIGHT—OF—WAY)
20'
SCALE: 1" = 20'
W 443.039M
Grass
Mattern & Craig
ENGINEERS•SURVEYORS
701 FIRST STREET, S.W.
ROANOKE, VIRGINIA 24016
(540) 345-9342
FAX (540) 345-7691
VICINITY MAP
(NOT TO SCALE)
NOTES:
1. THIS PLAT WAS PREPARED FROM A CURRENT
FIELD SURVEY AND DOES NOT REPRESENT A
CURRENT BOUNDARY SURVEY
2. THIS PLAT WAS PREPARED WITHOUT THE
BENEFIT OF A TITLE REPORT AND MAY BE
SUBJECT TO INFORMATION WHICH MAY BE
DISCLOSED THEREIN.
3. TO THE BEST OF MY KNOWLEDGE AND
BELJEF ALL %MOLE EASEMENTS ARE SHOWN.
EXHIBIT PLAT FOR
THE CITY OF SALEM
SHOWING NEW 10' BUS SHELTER EASEMENT
TO BE ACQUIRED FROM
ROANOKE COUNTY
BOARD OF SUPERVISORS
BEING SITUATED AT 305 EAST MAIN STREET
CITY OF SALEM, VIRGINIA
Scale: 1"=20' I Comm#: 3678D I Date: 5/11/2022
Drawn: JAD Checked: TWC Parcel: 106-12-1
This deed is exempt from taxation pursuant to Va.
Code § 58.1-811(A) (3) as amended and from
circuit court clerk's fees pursuant to Va. Code
§ 17.1-266, as amended.
Prepared by: Jim H. Guynn, Jr., Esq.
Return to: Will Simpson
21 South Bruffey Street
Salem, VA 24153
Tax Parcel No. 106-12-1
THIS DEED OF EASEMENT is made this day of , 2023,
by and between THE ROANOKE COUNTY BOARD OF SUPERVISORS, Grantor, a political
subdivision organized and existing under the laws of the Commonwealth of Virginia, and THE
CITY OF SALEM, VIRGINIA, Grantee, a municipal corporation organized and existing under
the laws of the Commonwealth of Virginia, whose address is 114 North Broad Street, Salem,
Virginia 24153.
WITNESSETH:
WHEREAS, the Grantor is the sole owner of certain property shown on the plat prepared
by Mattern & Craig Engineers and Surveyors entitled "Exhibit Plat for the City of Salem Showing
New 10' Bus Shelter Easement to be Acquired from Roanoke County Board of Supervisors" at 305
E. Main Street in the City of Salem and attached hereto as Exhibit A and incorporated herein by
reference, and known further as City of Salem Tax Parcel No. 106-12-1 (the "Grantor's Property");
and
WHEREAS, the City of Salem wishes to acquire an easement for sufficient land upon the
Grantor's Property to erect a public bus shelter; and
WHEREAS, it is the desire and intent of the Grantor to grant and convey unto the Grantee
a public bus shelter easement on the Grantor's Property as shown on Exhibit A for the erection of
a public bus shelter.
1
NOW THEREFORE, for and in consideration of the premises and sum of One Dollar
($1.00) cash in hand paid, the receipt of which is hereby acknowledged, the Grantor does hereby
grant and convey unto the City of Salem, Virginia, its successors and assigns, a permanent bus
shelter easement on the Grantor's Property measuring 10 feet by 40 feet as shown on Exhibit A
for a public bus shelter.
Grantor hereby grants to Grantee and the general public free access to and use of the
easement area, subject to any applicable laws and ordinances, for the purpose of a public bus
shelter.
The general public shall have no right to construct or improve any portion of the public bus
shelter, and shall not have access to nor use of the easement area until construction of the public
bus shelter is complete.
Grantee shall have the right and duty to ensure maintenance of the public bus shelter, once
built, for as long as it holds the easement rights hereunder. Grantee agrees to restore and repair
any damages to Grantor's Property that may be caused by the construction, operation, or
maintenance of the public bus shelter. The Grantor agrees that the Grantee will not be expected
to restore the Grantor's Property to identical original condition, but rather as near thereto as is
practicable.
The City of Salem, Virginia, by and through its duly authorized City Manager, accepts this
conveyance in accordance with Virginia Code § 15.2-1803 as evidenced by his signature below.
This Deed of Easement is executed by the County Administrator on behalf of the Board of
Supervisors of Roanoke County pursuant to Ordinance # adopted by the
Board of Supervisors of Roanoke County on the day of , 2023.
This deed was prepared without benefit of title search or report.
2
WITNESS the following signatures and seals:
ROANOKE COUNTY BOARD OF SUPERVISORS
By:
Name:
Title:
COMMONWEALTH OF VIRGINIA
OF
) to -wit:
The foregoing instrument was acknowledged before me this
2023, by
Roanoke County Board of Supervisors.
My Commission expires:
Approved as to Form:
Roanoke County Attorney
day of
(title) on behalf of the
Notary Public
Registration No.
3
Accepted by:
CITY OF SALEM
By:
Name:
Title:
COMMONWEALTH OF VIRGINIA
OF
)
) to -wit:
)
The foregoing instrument was acknowledged before me this day of
2023, by (title) on behalf of the City of
Salem.
My Commission expires:
Approved as to form:
City of Salem Attorney
Notary Public
Registration No.
4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 10, 2023
ORDINANCE APPROVING A PERMANENT EASEMENT TO THE CITY
OF SALEM FOR THE ERECTION OF A PUBLIC BUS SHELTER
LOCATED AT 305 EAST MAIN STREET, SALEM, VIRGINIA (THE
ROANOKE COUNTY COURTHOUSE PROPERTY)
WHEREAS, the Board of Supervisors owns property at 305 East Main Street, in
Salem, Virginia (the Roanoke County Courthouse property) identified as City of Salem
Tax Map Number 106-12-1; and
WHEREAS, as part of a City of Salem downtown streetscape renovation project,
the City of Salem has requested a permanent easement from the Board of Supervisors
for the erection of a new public bus shelter located at the northwest corner of the Roanoke
County Courthouse Property; and
WHEREAS, a public bus shelter at the Roanoke County Courthouse Property
benefits the citizens of Roanoke County who may need to access the Roanoke County
Courthouse by bus transportation; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and disposition of real estate be authorized only by ordinance; and
WHEREAS, a first reading of this ordinance was held on September 12, 2023 and
the second reading was held on October 10, 2023; and
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provision of Section 16.01 of the Roanoke County
Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and
is hereby made available for conveyance to the City of Salem for a new public bus shelter.
2. That conveyance to the City of Salem of an easement for a public bus
shelter as shown and described as "NEW 10' BUS SHELTER EASEMENT (400 Sq. Ft.)"
on the plat entitled "EXHIBIT PLAT FOR THE CITY OF SALEM SHOWING NEW 10' BUS
SHELTER EASEMENT TO BE ACQUIRED FROM ROANOKE COUNTY BOARD OF
SUPERVISORS BEING SITUATED AT 305 EAST MAIN STREET CITY OF SALEM,
VIRGINIA" prepared by Mattern & Craig Engineers Surveyors, dated May 11, 2022, a
copy of which is attached hereto as Exhibit A, is hereby authorized and approved.
3. That the County accepts and appropriates the payment of $1.00 as fair
market value compensation for this public bus shelter easement.
4. That the County Administrator, Deputy County Administrator, or the
Assistant County Administrator, is hereby authorized to execute such documents
(including the Deed of Easement) and take such further actions as may be necessary to
accomplish this conveyance, all of which shall be on a form approved by the County
Attorney.
5. That this ordinance shall be effective on and from the date of its adoption.
County of Roanoke
Unappropriated Balance, Board Contingency, and Capital Reserves
Fiscal Year 2023-2024
General Government
Capital
Unappropriated
Balance
% of
Revenues
Board
Contingency
Expenditure
Contingency
Reserves
Unaudited balance as of June 30, 2023
Addition of 2022-23 operations and close out of completed projects
Approved Sources:
$ 26,217,687
$ -
$ -
$ 11,810,663
2,974,113
50,000
608,162
(5,925,138)
(2,000,000)
Appropriated from 2023-24 budget (Ordinance 052323-2)
Approved Uses:
Appropriated for 2023-24 budget (Ordinance 052323-3)
MOU regarding the joint capital funding approved on April 11, 2023
Balance at October 10, 2023
$ 29,191,800
12.0%
$ 50,000
$ 608,162
$ 3,885,525
COUNTY OF ROANOKE, VIRGINIA
CHANGES IN OUTSTANDING DEBT
Changes in outstanding debt for the fiscal year to date were as follows:
Unaudited
Outstanding Outstanding
June 30, 2023 Additions Deletions October 10, 2023
VPSA School Bonds $ 77,829,551 $
Lease Revenue Bonds 82,760,000
Subtotal 160,589,551
Premiums 12,147,305
$ 172,736,856 $
$ 8,048,369 $ 69,781,182
3,990,000 78,770,000
12,038,369
148,551,182
12,147,305
- $ 12,038,369 $ 160,698,487
Submitted By Laurie L. Gearheart
Director of Finance and Management Services
Approved By Richard L. Caywood
County Administrator