HomeMy WebLinkAbout10/11/2005 - Regular
Roanoke County
Board of Supervisors
Agenda
October 11, 2005
Good afternoon and welcome to our meeting for October 11, 2005. Regular meetings
are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hear~ngs
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 Saturday at 4:00 p.m. The
meetings are now closed-captioned. 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.
A. OPENING CEREMONIES (3:00 p.m.)
1. Roll Call
2. Invocation:
Reverend Mark Graham
St. John Evangelical Lutheran Church
3. Pledge of Allegiance to the United States Flag
B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Proclamation declaring the month of October 2005 as Crime Prevention
Month in the County of Roanoke
D. BRIEFINGS
E. NEW BUSINESS
1. Request to approve the service agreement with the Western Virginia Regional
Jail Authority. (John M. Chambliss, Assistant County Administrator)
2. ResoluUon approving and author;zing the assignment and change of control
of Adelphia's cable television franchise to Com cast Corporation. (Joseph B.
Obenshain, Senior Assjstant County Attorney)
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3. Request to accept and appropriate a grant in the amount of $470,000 on
behalf of RADAR for the purchase of vans and Section 5311 Monies. (John
M. Chambliss, Assistant County Administrator)
F. FIRST READING OF ORDINANCES
1. First reading of an ordinance authorizing the emergency relocation of the
Cave Spring voting precinct. (Judith Stokes, General Registrar)
G. SECOND READING OF ORDINANCES
1. Second reading of an ordinance authorizing the exercise of an option and the
acquisition of certain real estate from John T. Parker consisting of
approximately 6.28 acres for future County use, Windsor Hills Magisterial
District. (Diane D. Hyatt, Chief Financial Officer)
H. APPOINTMENTS
1. Building Code Board of Adjustments and Appeals (Fire Code Board of
Appeals)
2. Capital Improvement Program (CIP) Review Committee (Appointed by
District)
3. Grievance Panel
I. 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 -September 26 and September 27, 2005
2. Resolution of appreciation upon the retirement of Wayne R. Davis, Parks,
Recreation and Tourism Department, after thirty-two years of service
3. Request from schools to accept and appropriate grant funds in the amount of
$12,325 from Pepsi Bottling Group for the purchase of textbooks
4. Request to adopt a plan document for the Roanoke County flexible benefits
plan
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5. Designation of voting delegate to the Virginia Association of Counties (V ACo)
conference to be held November 13-15, 2005
J. REQUESTS FOR WORK SESSIONS
K. REQUESTS FOR PUBLIC HEARINGS
L. CITIZENS' COMMENTS AND COMMUNICATIONS
M. REPORTS
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Future Capital Projects
5. Jail Study Costs Report
6. Proclamations signed by the Chairman
N. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Michael A. Wray
2. Richard C. Flora
3. Joseph P. McNamara
4. Joseph B. "Butch" Church
5. Michael W. Altizer
O. WORK SESSIONS
1. Work session to provide an update on Roanoke Valley Greenways. (Liz
Belcher, Roanoke Valley Greenway Coordinator)
(a) Update on Roanoke Valley Greenway Plan
(b) Update on Green Hill Park and Roanoke River Greenway
2. Work session to review the Bikeway Plan for the Roanoke Valley Area MPO.
(Anthony Ford, Transportation Engineering Manager)
3. Work session to discuss natural hazards mitigation plan for Roanoke County.
(George Simpson, Assistant Director of Community Development)
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P. CLOSED MEETING pursuant to the Code of Virginia Section 2.2-3711 A (5)
discussion concerning a prospective business or industry where no previous
announcement has been made.
Q. CERTIFICATION RESOLUTION
R. NEW BUSINESS
1. Resolution adopting a natural hazards mitigation plan for Roanoke County in
coordination with Roanoke Valley-Alleghany Regional Commission
communities. (George Simpson 1 Assistant Director of Community
Development)
S. ADJOURNMENT
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ACTION NO.
ITEM NO. e - \
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 11 , 2005
AGENDA ITEM:
Proclamation declaring the month of October 2005 as Crime
Prevention Month in the County of Roanoke
SUBMITTED BY:
Diane S. Childers
Clerk to the Board
Elmer C. Hodge ê/..f
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
In 1984, the National Crime Prevention Council, the nation's focal point for preventing
crjme, designated October as Crime Prevention Month. The month-long celebration
recognizes successful crime prevention efforts on the local, state, and national levels to
generate interest and enthusiasm for prevention efforts to continue to grow even stronger
and become more widespread. The Board has been asked to proclaim October as Crime
Preventjon Month in the County of Roanoke.
Accepting the proclamation will be Ray Lavinder} Chief of Police; Terrell Holbrook,
Assistant Chief of Police; and Rick Crosier, Crime Prevention Officer.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, OCTOBER 11, 2005
PROCLAMATION DECLARING THE MONTH OF OCTOBER 2005, AS
CRIME PREVENTION MONTH IN THE COUNTY OF ROANOKE
WHEREAS, the vitality of Roanoke County depends on how safe we keep our
homes, neighborhoods, schools, workplaces and communities; and
WHEREAS, crime and fear of crime destroy our trust in others and in institutions.
threatening the community's health, prosperity and quality of life; and
WHEREAS, people of all ages must be made aware of what they can do to prevent
themselves, their families, neighbors and co-workers from being harmed by crime, violence
and drugs; and
WHEREAS, the personal injury, financial loss and community deterioration resulting
from crime are intolerable, and require investment from the whole community; and
WHEREAS, crime prevention initiatives must include self-protection and security,
but they must go beyond these to promote collaborative efforts to make neighborhoods
safer for all ages and to develop positive opportunities for young people; and
WHEREAS, adults must invest time, resources and policy support in effective
prevention and intervention strategies for youth, and teens must be engaged actively in
driving crime from their communities; and
WHEREAS, effective crime prevention programs excel because of partnerships
among law enforcement, other government agencies, civic groups, schools, faith
communities, businesses and individuals as they help to nurture communal responsibility
and instill pride.
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NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, on
behalf of all of its citizens, do hereby proclaim the month of October 2005, as CRIME
PREVENTION MONTH in the County of Roanoke; and
FURTHER, the Board of Supervisors urges all citizens, government agencies, public
and private institutions and businesses to invest in the power of prevention and work
together for the common good of all citizens and their safety.
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ACTION NO.
ITEM NO. ~ - \
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 11 , 2005
AGENDA ITEM:
Request to approve the service agreement with the Western
Virginia Regional Jail Authority
SUBMITTED BY:
John M. Chambliss, Jr.
Assistant County Administrator
Elmer C. Hodge ro I _.1' )dcA¡L
County Administrator ~
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
Recommend approval. ~ ~
SUMMARY OF INFORMATION:
A work session was held with the Board of Supervisors on September 27 to discuss the
draft service agreement with the regional jail authority and the member localities. This
document describes the following:
· Formation of the Western Virginia Regional Jaif Authority
· How the Authority will build, own and operate the regional jail facility
· Financing of the jail facility
· Budgeting information
· Membership in the Authority, including the addition of new members or the ability to
withdraw from the Authority
· General operating issues
The Authority is preparing to borrow $10 million interim financing to cover the purchase of
Jand; architectural and engineering (AlE) work for the development of the construction
drawings for bidding; monies to cover testing and survey of the site; and early site
preparation.
The Jail Authority adopted the service agreement at their October 6 meeting and the
member localities are being asked to adopt the service agreement by means of the
attached resolution during the month of October so that we may close the financing by the
end of October.
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There have been minor changes to the draft of the agreement which was discussed on
September 27:
1. Prisoners housed at the regional jail will not participate in community custody programs
where they would be taken from the jail for work or treatment programs. Those inmates
would be handled by the local jail.
2. Inmates in a Trusty status will only work at the jail property under the supervision of
certified Law Enforcement Officers, Deputy Sheriffs, or Corrections Officers.
3. Visitation for prisoners at the regional jail shall be primarily by video visitation from the
local jail. This will reduce the traffic coming to the regional jail site.
4. Prisoners completing their sentence at the regional jail wilt be returned to the local jail
that placed them at the regional jail for release into that community. Releases will not
be made from the regional jaiL
5. Operating policies will be generally modeled after the standards and policies as
established for the Roanoke County/Salem jail and conform to the American
Corrections Association, National Institute of Corrections, Vírginia Department of
Corrections, or recognized legal and professional organizations. This includes the pay
scale and benefit programs.
6. The maximum number of inmates to be held at each local jail was defined so that the
excess population would be transferred to the regional jail. Persons serving time on
weekends, etc. who are not reported on the state statistics are not counted in the
maximum number to be housed.
7. Other changes were clerical in nature and did not change the intent or substance of the
draft document.
FISCAL IMPACT:
There is no fiscal impact at this time. Once the regional jail becomes operational, the
member localities will pay their proportionate share of the debt service cost (capital factor of
the per diem rate) based on the guaranteed number of beds. Funding for this portion of the
cost has been included in Roanoke County's Capital Improvement Program.
The per diem cost for the operating factor will be based on the actual number of prisoners
housed at the regional jail. We will experience an increase in the Sheriffs budget
beginning in the FY 2008-09 to ref[ect the number of inmates housed outside of the
Roanoke County-Salem JaiL There will be a Utrue upu of the cost after each fiscal year to
batance the overpayments or underpayments by each locality based on the number of
projected versus actual inmates held at the regional jail facility.
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STAFF RECOMMENDATION:
Staff recommends adoption of the service agreement by means of the attached resolution
so that the financing and award of contracts by the Jail Authority may be completed.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, OCTOBER 11,2005
RESOLUTION AUTHORIZING A SERVICE AGREEMENT FOR THE
WESTERN VIRGINIA REGIONAL JAIL AUTHORITY
The County of Franklin, Virginia, the County of Montgomery, Virginia, the County
of Roanoke, Virginia and the City of Salem, Virginia (each, a "Member Jurisdiction" and
together, the "Member Jurisdictions") have agreed to create the Western Virginia
Regional Jail Authority (the "Authority"). The Authority is being created for the purpose
of developing and operating a regional jail facility (the "Regional Jail") for the benefit of
the Member Jurisdictions. The relationship between and among the Member
Jurisdictions and the Authority for paying the costs related to the Authority and the
Regional Jail wil1 be set forth in a Service Agreement tentatively dated October 1, 2005
(the uService Agreement") by and among the Authority and the Member Jurisdictions.
To authorize the participation of the County of Roanoke, Virginia (the "County) in the
Authority, the County's Board of Supervisors (the "Governing Body") wishes to authorize
the County's execution and delivery of the Service Agreement.
The form of the Service Agreement has been made available to the members of
the Governing Body prior to this meeting and has been filed with the Governing Body's
records.
After careful consideration and in furtherance of the public purposes for which the
Authority is being created, NOW, THEREFORE, BE IT RESOLVED, THAT:
1. The Service Agreement is hereby approved in substantially the form made
available to the members of the Governing Body prior to this meeting, with such
changes, insertions, omissions or amendments (including, without limitation, changes of
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the dates thereof and therein) as may be approved by the Chairman of the Governing
Body or the County Administrator. The approval of any such changes, insertions,
omissions and amendments shall be evidenced conclusively by the execution and
delivery of the Service Agreement. The performance of the Service Agreement by the
County is authorized and directed.
2. The Chairman of the Governing Body or the County Administrator, either
of whom may act, are each authorized and directed to execute the Service Agreement
on behalf of the County.
3. The members of the Governing Body and the staff of the County are
authorized and directed to execute and deliver on behalf of the County such other
instruments, documents or certificates, and to do and perform such other things and
acts, as any of them shaft deem necessary or appropriate to carry out the transactions
authorized by this Resolution or contemplated by the Service Agreement or such
instruments, documents or certificates. All such actions previously taken are hereby
ratified, approved and confirmed.
4. This Resolution shall take effect immediately upon its adoption. Unless
the governing bodies of the other Member Jurisdictions adopt similar resolutions by
October 31 , 2005, this Resolution shall be deemed to be revoked.
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SERVICE AGREEMENT
THIS SERVICE AGREEMENT (the "AGREEMENT") is made as of October 1,2005,
by and among the WESTERN VIRGINIA REGIONAL JAIL AUTHORITY (the "Authority"),
the COUNTY OF FRANKLIN,VIRGINIA, the COUNTY OF MONTGOMERY, VIRGINIA,
the COUNTY OF ROANOKE, VIRGINIA and the CITY OF SALEM, VIRGINIA, each of
which is a political subdivision of the Commonwealth of Virginia (collectively the "Member
Jurisdictions") .
RECITALS
WHEREAS, the Authority was created by certain Member Jurisdictions for the purpose
of developing and operating a regional jail;
WHEREAS, the Authority has developed plans and specifications for the construction
and equipping of the regional jail which plans and specifications are acceptable to the Member
Jurisdictions;
WHEREAS, the Authority and the Member Jurisdictions desire to proceed with the
development and construction of the regional jail.
THEREFORE, the parties agree as follows:
ARTICLE I
Definitions
The capitalized terms in this Agreement have the meanings set forth below unless the
context otherwise requires.
"Annual Budget" has the meaning given to such term in Section 4.7.
"Annual Operating Cost" has the meaning given to such term in Section 5.2(B).
"Applicable Laws" means all applicable laws, ordinances, judgments, decrees,
injunctions, writs and orders of any court, arbitrator or governmental agency or authority and all
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rules, regulations, orders, interpretations, licenses and permits of any federal, state, county,
municipal, regional, foreign or other governmental body, instrumentality, agency or authority.
"Authority" means the Western Virginia Regional Jail Authority.
"Authority Default" has the meaning given to such term in Section 9.1.
"Bonds" means revenue bonds issued by the Authority for the design, construction and
other costs of the Regional Jail.
"Capital Factor" means that portion of the Per Diem Charge that equals, in the aggregate
for each Fiscal Year, the debt service on the Authority's Obligations for such year, plus the
amount necessary during such period to fund or replenish any debt service reserve funds
therefor.
"Capital Reserve Fund" means the reserve fund established in Section 5.6(C).
"Commonwealth" means the Commonwealth of Virginia.
"Fiscal Year" means the annual accounting period from July 1 of one year to June 30 of
the following year.
"Member Jurisdictions" means the County of Franklin, Virginia, the County of
Montgomery, Virginia, the County of Roanoke, Virginia and the City of Salem, Virginia, each a
political subdivision of the Commonwealth, and each other political subdivision joining the
Authority but excluding any political subdivision that may have withdrawn from the Authority,
as provided in Section 6.7.
"Member Jurisdiction Default" has the meaning given to such term in Section 9.2.
"Net Operating Cost" has the meaning given to such term in Section 5.2(B).
"Notes" means short-term obligations issued by the Authority, including notes issued in
anticipation of the receipt of revenue or proceeds of long-term obligations.
"Obligations" means the Notes, Bonds or other indebtedness issued by the Authority.
"Operating Cost Factor" means that portion of the Per Diem Cost that reflects Net
Operating Cost of the Authority, for each Fiscal Year as set forth in the Annual Budget.
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"Operating Reserve Fund" means the reserve fund established in Section 5.6(B).
"Per Diem Cost" means the charge to Member Jurisdictions for each Prisoner held in the
Regional Jail as set forth in Section 5.2 consisting of a "Capital Factor" and an "Operating Cost
Factor."
"Placed in Service" means the first day on which the Regional Jail has been certified by
the appropriate authority of the Commonwealth to accept Prisoners.
"Prisoner(s)" has the meaning given to such term in Section 4.1.
"Virginia Code" means the Code of Virginia of 1950, as amended, or successor
provisions of law.
ARTICLE II
Creation of Authority
Section 2.1 Regional Jail Authority. The Member Jurisdictions hereby establish a
regional jail authority pursuant to Section 53.1-95.2 et seq. of the Virginia Code. The name of
the Authority shall be the WESTERN VIRGINIA REGIONAL JAIL AUTHORITY (the
"Authority"). The principal office of the Authority shall be at the Regional Jail at which the
office of the Superintendent of the Authority is located or in such other place as the Authority
may designate.
Section 2.2 Board. The powers of the Authority shall be exercised by a Board (the
"Board") consisting of three representatives from each of the Member Jurisdictions in
accordance with Section 53.1-106 of the Virginia Code. One member shall be the sheriff of
each Member Jurisdiction; one member shall be the chief appointed official of each of the
Member Jurisdictions, or his or her designee; and one member shall be a member of the
governing body of each Member Jurisdiction.
The members of the Board shall serve for a term of one year, beginning with the date of
the formation of the Authority and expiring on each December 31. Elected members of the
governing body may serve more than one consecutive term. Alternates may be appointed by the
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governing body (or by the sheriff for the sheriff s alternate) and shall serve until another
alternate is appointed. As of the date of this Agreement the members of the Board and their
alternates are as follows:
Locality / Title Primary Alternate End of Initial Term
City of Salem
Sheriff Roger L. Surber Eric A. Atkins December 31,2005
City Manager Forest Jones James E. Taliaferro, II December 31, 2005
Council Member Chris Clemens Jane Johnson December 31, 2005
County of Franklin
Sheriff William Q. Overton Ewell Hunt December 31, 2005
County Administrator Richard E. Huff, II Christopher L. Whitlow December 31, 2005
Board Member Charles B. Wagner Wayne Angell December 31, 2005
County of Montgomery
Sheriff James T. Whitt Robert L. Hall December 31, 2005
County Administrator B. Clay Goodman Carol Edmonds December 31, 2005
Board Member Doug W. Marrs Gary Creed December 31, 2005
County of Roanoke
Sheriff Gerald S. Holt Michael G. Winston December 31, 2005
County Administrator John M. Chambliss, Jr Diane D. Hyatt December 31, 2005
Board Member Michael A. Wray Joseph P. McNamara December 31,2005
The Board shall establish bylaws governing the election of officers, the scheduling of
meetings and notice therefor, and other procedural matters. Board members will receive no
compensation, but may be reimbursed for their actual approved expenses incurred in the
performance of their duties in the work of the Authority.
Section 2.3 Purpose of Authority. The purpose of the Authority shall be to design,
acquire, construct, renovate, expand, equip and operate a Regional Jail. The initial projections
indicate that the Regional Jail to be constructed in the County of Roanoke, Virginia will be built
to initially house approximately 605 Prisoners (with core facilities built to house 805 Prisoners).
It is estimated that the initial cost of constructing the Regional Jail will be $70,953,615.
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Section 2.4 Powers of Authority. The Authority shall have all powers as set forth in
Section 53.1-95.2 et seq. of the Virginia Code, as well as all other powers contained in the
Virginia Code applicable to regional jail authorities.
Section 3.1
ARTICLE III
Acquisition., Construction and Financing
Construction of New Facilities. The Authority agrees to acquire, construct
and equip a new Regional Jail, designed to initially hold approximately 605 Prisoners on a
single-bunk basis with core facilities built to house 805 Prisoners. The Authority shall pay an
estimated $1,640,000 for the property, such amount payable no later than the time permanent
financing is obtained.
Section 3.2
Permits. The Authority will acquire, construct, renovate, expand and
equip the Regional Jail in accordance with the requirements of all Applicable Laws. The
Member Jurisdictions agree to provide reasonable assistance to the Authority in complying with
any such requirements, and will provide the Authority with any and all information that may be
necessary in this regard.
Section 3.3 Agreement to Finance.
A. General Provisions
One-half of the eligible construction, renovation and expansion costs of the Regional Jail
are expected to be funded by the Commonwealth pursuant to Section 53.1-81 of the Virginia
Code. The Board of Corrections approved an estimated capital reimbursement in the amount of
$35,476,808 based upon an estimated project cost of$70,953,615. The Authority agrees to
pursue all additional state reimbursement which may be available for such costs. The Authority
expects to finance the cost of acquiring, constructing, renovating, expanding and equipping the
Regional Jail, including expenses associated with the startup and financing, through the issuance
of revenue bonds. In addition, the Authority may issue revenue anticipation notes or other short-
term obligations for this purpose.
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B. Payment of Preliminary Costs
It is expected that the preliminary costs of the Regional Jail will be paid or reimbursed
from the proceeds of interim or permanent financings and that no further direct payments for
preliminary costs will be due from the Member Jurisdictions. Nevertheless, until the Regional
Jail is Placed in Service, the Member Jurisdictions agree to reimburse the Authority for all
expenses not previously paid by the Member Jurisdictions pursuant to the following allocation;
provided that the payment required by any Member Jurisdiction will be subject to the
appropriation of funds for such purpose by the governing body of the Member Jurisdiction; and
providedfurther that the aggregate amount of such reimbursement shall not exceed $10,000,000.
Any such payment will be made within thirty days of receipt of an invoice from the Authority.
County of Franklin
County of Montgomery
County of Roanoke
City of Salem
32%
20%
38%
10%
ARTICLE IV
Provision of Services~ Operation and Maintenance
Section 4.1
Acceptance of Prisoners. When the Regional Jail is certified by the Board
of Corrections to begin operations, the Authority will accept Prisoners from each Member
Jurisdiction (and to the extent space is available, seek Prisoners from other jurisdictions,
including the federal government, the Commonwealth and their agencies) who have been (i)
arrested for committing a criminal offense and held over pending trial or (ii) convicted of
committing a criminal offense and sentenced or awaiting sentencing to a term of incarceration by
a court having proper jurisdiction (the "Prisoners").
The Regional Jail will primarily hold sentenced Prisoners, however, the Authority may
provide housing for all Prisoners from Member Jurisdictions. Prisoners of Member Jurisdictions
shall be given a preference over those of non-members.
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Section 4.2
Commitment of Prisoners. Until final payment or defeasance of any
Notes, Bonds or other temporary or permanent financing for the development of the Regional
Jail issued or obtained by the Authority pursuant to this Agreement, each Member Jurisdiction
hereby agrees that it will refuse to pay for the incarceration of any Prisoner that is incarcerated in
any facility not operated by the Member Jurisdiction or the Authority unless (i) commitment of
such Prisoner to another correctional facility other than the Regional Jail is ordered by a court of
competent jurisdiction, (ii) a court of competent jurisdiction orders the Member Jurisdiction to
make such payment or (iii) the Authority, in breach of this Agreement, refuses to accept any such
Prisoner. The ability of the Member Jurisdictions to incarcerate inmates in their local jails is
subject to certain limitations set forth in Section 5.5.
Section 4.3
Prisoner Medical Costs. Unless the Authority agrees otherwise, the
Regional Jail will provide all prisoner medical services, excluding specialized treatment and care
by community medical providers, hospitalization costs, costs for specialized medicines or
medications not included on the jail's formulary and any other medical costs not provided by the
jail's medical contract, which other costs shall be paid by the committing jurisdiction. As to the
extent possible, the Regional Jail's medical staff will identify preexisting medical conditions that
may be determined the Prisoner's responsibility. In addition, the Authority will establish a
medical co-payment program requiring Prisoners to pay a portion of their medical costs. In the
event that the Prisoner's medical or mental health care is beyond what can be provided in the
Regional Jail, the Member Jurisdiction will assist the Regional Jail in securing the Prisoner's
transfer from the Regional Jail to the appropriate state or community medical/mental health
provider. Notwithstanding security requirements, the Regional Jail's health authority will have
the final decision in all matters relating to a Prisoner's medical or mental health status.
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Section 4.4 Transportation of Prisoners. The Authority shall be responsible to provide
all scheduled transportation to and from the Regional Jail and for all costs, expenses, and
security relating to such Prisoners during transportation. Typically, a 24-hour notice shall be
required to schedule transportation by the Authority. Transportation for Regional Jail Prisoners
includes, but is not limited to, community health providers, funerals and other court ordered
transportation functions, transferring Prisoners to the Department of Corrections, and for
providing security for Prisoners outside of the facility. If sufficient Regional Jail staff is
available, nothing within this section is intended to prevent the Authority from assisting with
other unplanned Prisoner transportation requests to and from the Regional Jail. Prisoners who
are transported to court shall be delivered to the custody of each Member Jurisdiction's jail.
Section 4.5 Insurance. The Authority will maintain hazard, liability or such other
insurance as may be required by Applicable Law or which the Authority may deem advisable.
Section 4.6 Ouarterlv Reports~ Annual Report~ Audit. Within 30 days of the end of
each of the first three fiscal quarters, the Authority will provide each Member Jurisdiction with a
statement of revenues and expenditures of the Authority for the preceding quarter, including data
on the utilization of the Regional Jail by the Member Jurisdictions and other users of the
Regional Jail. The Authority will provide to each Member Jurisdiction on or before each August
1 an unaudited report showing the activities and the revenues, expenditures, including employee
compensation schedules and other similar data of the Authority, for the preceding Fiscal Year.
The Authority will cause an annual audit to be performed and completed by December 1 of each
year for the immediately preceding Fiscal Year by an independent certified public accountant. A
copy of the accountant's report will be delivered to the County Administrator or City Manager,
as the case may be, of each Member Jurisdiction promptly upon completion.
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Section 4.7 Annual Budget: Financial Forecasting.
A. Setting the Annual Budget
The Authority shall provide to each Member Jurisdiction on or before each January 15
the Authority's Annual Budget for the next Fiscal Year. The Annual Budget shall consider all
anticipated operating costs including all direct and indirect operation and maintenance costs for
the Regional Jail; the debt service cost anticipated to be paid during that Fiscal Year; all major
capital expenditures anticipated during the five following Fiscal Years, including any desired
deposits to the Capital Reserve Fund; and any revenues or fees which shall be paid by the
Commonwealth or other federal or state agency to offset expenses in order to determine the Net
Operating Cost upon which the Per Diem Cost shall be calculated. Such Annual Budget shall
set forth the Operating Cost Factor and the Capital Factor of the Per Diem Cost as well as the
projected number of Prisoners from each Member Jurisdiction. The Authority agrees to set, and
revise as needed, the Operating Cost Factor in an amount sufficient to generate revenue adequate
to pay Net Operating Costs and to fund any required reserves, including the Operating Reserve
Fund and the Capital Reserve Fund, but excluding any debt service reserve fund. The Authority
may also include as part of the Operating Cost Factor from time to time in its discretion an
amount for the purpose of accumulating a reasonable rate stabilization reserve to be used as and
when the Authority considers it appropriate to minimize or eliminate any increase in charges to
the Member Jurisdictions. The Authority also agrees to set the Capital Factor, and to revise it
immediately as necessary, in an amount sufficient to generate revenue adequate to pay debt
service on the Authority's Obligations and to fund any required debt service reserves. Within ten
days of any revision to the Per Diem Cost, the Authority shall notify each Member Jurisdiction
of such revision. The Authority shall promptly provide copies of any amendments to its Annual
Budget to each Member Jurisdiction. The Annual Budget shall also predict the number of
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prisoner days for that period from Member Jurisdictions, other contracts, or placements by non-
members.
B. Actions of the Member Jurisdictions
Each Member Jurisdiction hereby directs its County Administrator or City Manager, as
the case may be, to include in each annual budget submitted to the governing body of his or her
jurisdiction or in an amendment thereto, sufficient funds to cover the payment of the Per Diem
Cost assessed by the Authority in each Fiscal Year including any subsequent revisions thereto
during the course of such year. Each Member Jurisdiction hereby directs its County
Administrator or City Manager, as the case may be, to notify the Authority (i) by July 1 of each
year, of the amount so budgeted by the Member Jurisdiction and (ii) at any time, of any
amendments to the amount so budgeted by the Member Jurisdiction.
C. Forecasting
To assist the Member Jurisdictions in estimating their obligations to the Authority, the
Authority will develop a policy, which it may amend from time to time, for forecasting its
revenues and expenditures over future periods of up to five years beyond the then current Fiscal
Year. The forecast will be revised annually and distributed to the Member Jurisdictions during
the budget setting process.
Section 4.8 Books and Records. The Authority will maintain proper books of record
and account in which proper entries shall be made in accordance with generally accepted
accounting principles for governmental bodies, consistently applied, of all of its business and
affairs related to the Regional Jail. All books of record and account and documents in the
Authority's possession relating to the Regional Jail shall at all reasonable times be open to
inspection by such agents or employees of the Member Jurisdictions as they may designate.
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Section 4.9
Operation and Maintenance. The Authority will operate and maintain the
Regional Jail in accordance with all Applicable Laws. Standard operations of the Authority will
be in full compliance with the American Correctional Association, National Institute of
Corrections, Virginia Department of Corrections, and recognized legal and professional
operational policies and standards. All operations, including but not limited to, medical services,
recreational services, transportation, food services, educational services, rehabilitation programs,
and personnel policies must be equivalent to the minimum operational standards and policies as
established for the Roanoke County, Salem Jail. The Authority shall be an equal opportunity
employer.
Section 4.10 Maiority Required for Authority Decisions. All decisions of the Board
shall be determined by a majority vote of a quorum of the Board, unless otherwise specified in
the bylaws.
ARTICLE V
Operations
Section 5.1
General Statement. The Regional Jail shall be used to house the sentenced
inmates from the Member Jurisdictions, any pre-sentenced inmates sent by the Member
Jurisdictions, or any other inmate from Non-Member Jurisdictions or Agencies. It is the intent to
keep the population of the Regional Jail near capacity to maximize efficiency and cost
effectiveness. The Member Jurisdictions shall receive priority consideration for available beds.
Section 5.2
Setting of Per Diem Costs.
A. Annual Budget
In the Annual Budget, the Authority shall set the Per Diem Costs for the next
Fiscal Year, including the Operating Cost Factor and the Capital Factor. Included in the
Operating Cost Factor will be any required or desired deposits to the Operating Reserve Fund
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and the Capital Reserve Fund. Together, the calculated Operating Cost Factor plus the
calculated Capital Factor shall be the Per Diem Cost paid for each Prisoner housed at the
Regional Jail for each twenty-four hour period or portion thereof.
B. Operating Cost Factor
The "Net Operating Cost" shall equal the difference between (i) the annual direct
and indirect operation and maintenance costs for the Regional Jail (the "Annual Operating
Cost"), including required or desired deposits to the Operating Reserve Fund and the Capital
Reserve Fund, and (ii) the sum of any portion of the Annual Operating Cost paid to the Regional
Jail Authority by the Commonwealth, any Member Jurisdictions (outside of the Per Diem Costs),
or Non-Member Jurisdictions or agencies.
The Operating Cost Factor shall be the Net Operating Cost, as described in the prior
paragraph, divided by the projected average daily inmate population, divided by 365.
C. Capital Factor
The Capital Factor shall be the annual scheduled payment for principal and interest on the
Obligations (net of any capitalized interest deposits, debt service fund balances or other moneys
expected to be available for the payment of such principal and interest, including surplus
moneys) divided by the projected average daily inmate population, divided by 365. For
administrative and budgetary convenience, the Annual Budget shall allocate the aggregate
Capital Factor for that Fiscal Year among the Member Jurisdictions using the allocated share of
beds, as set forth in Section 5.4. The Authority shall divide the allocated share of each Member
Jurisdiction into four equal payments to be made by the Member Jurisdictions quarterly.
As between the Member Jurisdictions, the Capital Factor shall be adjusted to reflect
actual proportionate use of the Regional Jail by each Member Jurisdiction during each Fiscal
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Year. At the time that each Annual Budget is prepared, the Authority shall determine how much
each Member Jurisdiction should have paid in the Capital Factor based upon its actual
proportionate use of the Regional Jail during the prior Fiscal Year and compare such amount to
the amount actually paid. This may result in the calculation of an overpayment or a shortfall for
each Member Jurisdiction. At the time that the Annual Budget is presented to the Member
Jurisdictions, the Authority shall invoice any Member Jurisdiction with a shortfall the amount of
that shortfall, which shall be payable in four equal installments on the next July 15, October 1,
January 1 and April 1. Upon receipt of any such shortfall payments, the Authority shall credit
the amount received against the Capital Factor due from any Member Jurisdiction having an
overpayment and if not all shortfall payments are received, such credits shall be made on a pro
rata basis.
If any Member Jurisdiction fails to pay its Capital Factor when due, within five business
days of such nonpayment, the Authority will send written notification of such nonpayment to
such Member Jurisdiction. If any Member Jurisdiction fails to pay its Capital Factor within ten
business days of this notice, the Authority shall immediately send written notification of such
nonpayment to all of the Member Jurisdictions and shall send an invoice to each of the non-
defaulting Member Jurisdictions for payment of that Member Jurisdiction's pro rata share of the
failed payment, based upon the remaining allocated share of beds, as set forth in Section 5.4. If,
for any other reason, the Authority determines that it lacks sufficient funds to pay scheduled debt
service on any Obligations, within five business days of such determination, the Authority shall
send an invoice to each of the Member Jurisdictions for payment of that Member Jurisdiction's
share of the shortfall, based upon the allocated share of beds, as set forth in Section 5.4.
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D. Per Diem Cost for Non-Members
The Authority may establish a different per diem rate for non-member placements,
including any allowable late payment fees or interest. Further, the Authority may enter into
contractual arrangements for guaranteed access to unassigned and available bed space.
Section 5.3 Payments from Member Jurisdictions.
A. Operating Cost Factor
The Authority shall bill monthly for the Operating Cost Factor for the prisoner days used
by each Member Jurisdiction. Upon receipt of the invoice, the Member Jurisdiction shall pay
within thirty days.
B. Capital Factor
The Authority shall bill quarterly in advance for the Capital Factor, with one-quarter of
the Capital Factor budgeted to be paid by each Member Jurisdiction due on each July 15,
October 1, January 1 and April 1. If invoices are sent pursuant to the last paragraph of Section
5.2(C) to make up any debt service shortfalls, payment of such invoices shall be due within ten
business days.
C. Preliminary Costs
As indicated in Section 3.3(B), any preliminary costs to be paid directly by the Member
Jurisdictions will be paid within thirty days of receipt of an invoice from the Authority.
D. Payment for Services Provided
As indicated in Section 5.11, under separate agreement, the Member Jurisdictions may
contract with the Regional Jail for other goods and services and shall promptly pay when
invoiced for said goods and services.
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E. Late Payments: Interest
If any Member Jurisdiction fails to pay any invoice for the Capital Factor within fifteen
business days after its due date, any such Member Jurisdiction agrees to pay a penalty service
charge equal to 150% of the Per Diem Cost for each Prisoner housed at the Regional Jail during
the preceding calendar month. Thereafter, such Member Jurisdiction shall be billed (and shall
pay) monthly in accordance with the preceding sentence until its pays its arrearages hereunder, at
which time such Member Jurisdiction shall again be billed, and shall make payments as
otherwise set forth herein.
Further, if any Member Jurisdiction fails to pay any invoice for Per Diem Costs within
ten business days after its due date, such Per Diem Costs shall bear interest at the rate set forth in
Section 2.2-4352 of the Virginia Code; provided that this provision shall not apply in instances
where Applicable Laws prescribe some other due date or late payment charge.
Section 5.4 Guaranteed Access to Beds. As outlined in Article VIII of the
Agreement for Creation of the Western Virginia Regional Jail Authority, the initial member
jurisdictions anticipated needs for new beds based on the Community Based Corrections Plan.
Based on the 605 initial beds (projected), the percentage and share of beds that would be
accessible to the Member Jurisdictions are as follows:
County of Franklin
County of Montgomery
County of Roanoke
City of Salem
32% or
20% or
38% or
10% or
193 beds;
121 beds;
230 beds;
61 beds.
Starting with the Annual Budget to be presented on or before January 15,2012, this allocation
and share of beds will be adjusted annually to reflect the average number of beds used by each
Member Jurisdiction during the prior three Fiscal Years, readjusting for each Fiscal Year to net
out the beds used by non-members.
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Should the Regional Jail be full and the minimum access not be available to a
Member Jurisdiction, then the number of Prisoners shall be reduced first by non-member
Prisoners followed by Prisoners from Member Jurisdictions who are utilizing more than their
Guaranteed Access as noted above. These placing agencies may be asked to reduce the number
of beds being used so that the Member Jurisdictions' needs may be met. It will, however, be the
goal of the Regional Jail to remain as close as possible to being full at all times in order to
manage costs more effectively.
Section 5.5 Placement of Prisoners bv Member Jurisdictions. Roanoke County and
the City of Salem agree to utilize the available bed space at the Regional Jail for all placements
outside of 119 beds available to them at their local j ail. Franklin County agrees to utilize the
available bed space at the Regional Jail for all placements outside of 60 beds available to it at its
local jail. Montgomery County agrees to utilize the available bed space at the Regional Jail for
all placements outside of 70 beds available to it at its local jail. The above population capacity
limits established for each of the local jails of the Member Jurisdictions do not include temporary
custody inmates (including public intoxication and deferred weekend sentences) or community
custody inmates (including work release, home electronic monitoring and trusty prisoners) which
would not qualify for housing at the Regional Jail. Each Member Jurisdiction agrees not to
utilize other outside facilities except when ordered to by the Court or no other space is available.
The numbers in this Section 5.5 for usage of the local jails may be increased only with
the consent of the other Member Jurisdictions and in compliance with any conditions to such
increase contained in the documents related to any Obligation.
Should the number of beds at a local j ail facility be reduced or be increased, if such
increase is permitted by the provisions of the prior paragraph, the Sheriff shall advise the
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Authority, at the beginning of the budget process, so that the reasonable number of Prisoners
expected to be housed at the Regional Jail can be used in determining the Per Diem Costs.
Within 120 days of the end of each Fiscal Year, each Sheriff shall provide to the
Authority a report for the Fiscal Year showing the total number of local inmates for that Member
Jurisdiction, how many of such inmates were housed at the local jail, how many of such inmates
were housed at the Regional Jail and how many of such inmates were incarcerated in other
facilities.
Section 5.6 Cash Reserves., Limits., How Funded. There are three types of cash
reserves that may be established for the Regional Jail to assure financial health. Outlined below
are the descriptions, means of funding, and general balances for each type.
A. Debt Service Reserve Fund - The lenders for the Obligations may require a Debt
Service Reserve Fund, generally equal to the debt service payment (principal and
interest) for the fiscal year. If required, this amount should be established at the
time of the issuance of the Obligations. The Capital Factor of the Per Diem Costs
should be adequate to pay the debt service for the Fiscal Year. If, however, the
amount is insufficient, then the difference may come from the Debt Service
Reserve Fund, which shall then be replenished in accordance with the provisions
of the documents for the Obligations.
B. Operating Reserve Fund - As a part of each Fiscal Year's Annual Budget, the
Operating Reserve Fund shall be adjusted to reflect a minimum of 90 day share of
the Annual Operating Cost to provide cash flow during transition, lag time
between the delivery of service and payment by the user of the Regional Jail, or
from operational shortfalls. This on-going reserve shall also serve as a revenue
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stabilization fund during periods when the Per Diem Costs do not provide
adequate revenues until such time as the Per Diem Costs may be adjusted.
C. Capital Reserve Fund - A Capital Reserve Fund shall be established utilizing
depreciation style calculations for the existing Regional Jail and capital equipment
and anticipating upcoming expansions, improvements or capital equipment
acquisitions. The depreciation rates shall be generally accepted rates concerning
the projected life of the asset and not an accelerated rate. Contributions to this
Capital Reserve Fund shall be calculated in each Annual Budget and shall be
funded from (i) the end of year balances from the prior Fiscal Year or (ii)
contributions to be made by each Member Jurisdiction as a component of the
Operating Cost Factor, until the Capital Reserve Fund is fully funded.
Section 5.7 End of Year Balances. After the completion of each Fiscal Year,
commencing with the 2008 - 2009 Fiscal Year, when the next Annual Budget (initially, the 2009
- 2010 Fiscal Year Annual Budget) is being prepared, the following priorities shall be used to
distribute a fund balance of the Authority:
A. Replenish any debt service fund and the Debt Service Reserve Fund
B. Replenish the Operating Reserve Fund
C. Fund the Capital Reserve Fund in accordance with the Annual Budget.
D. Use for any lawful purpose of the Authority, including crediting any fund balance
against future Per Diem Costs or preliminarily earmarking funds to reduce
principal at the next available call option on or maturity of the Notes or Bonds.
Section 5.8 Payments from Other Agencies or Non-Member Jurisdictions. The Board
shall invoice and pursue payment of charges from Non-Member Jurisdictions as may be
appropriate.
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Section 5.9 Fiscal Agent and Other Management Services. The Authority may
contract with one of the Member Jurisdictions to provide Fiscal Agent and other management
services as required. After the Authority is established and operational, these services may be
provided by the staff of the Authority once staff is in place and internal controls are established.
These services may include, but are not limited to, human resources, hiring assistance, employee
benefits management, finance and accounting, etc.
Section 5.10 Other Services Provided to the Regional Jail. The Regional Jail may
contract with Member Jurisdictions or other entities as necessary, to provide required services.
These services may include grounds maintenance, snow removal, road maintenance, solid waste
disposal, etc. Services provided without cost to all business and residential customers of
Roanoke County such as police, fire, etc. shall be provided to the Regional Jail by Roanoke
County. Services which are fee based, such as ambulance transport, water, sewer, etc. shall be
billed at the regular rate. In the case of ambulance transport fees, the Authority shall make every
effort to collect from the Prisoner's insurance or other means of payment.
Section 5.11 Other Contracted Services to be Provided bv the Regional Jail. The
Regional Jail may provide services to Member Jurisdictions or other agencies in order to
improve cost efficiency, quantity discounts, etc. These services may include food services,
medical services, cooperative purchasing, warehousing, laundry, etc. In such instances, the
Contract may be issued in the name of the Authority, however, each participant Member
Jurisdiction that purchases on behalf of its local organization shall be billed and shall promptly
pay for such goods or services ordered or received.
Section 5.12 Contract with Roanoke County Public Schools. The Regional Jail being
located in Roanoke County, the Authority shall contract with Roanoke County Public Schools to
provide the required educational opportunity for qualified Prisoners housed at the Regional Jail.
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Arrangements shall also be met to provide training for the General Education Degree GED to
any of the Prisoners housed at the Regional Jail.
Section 5.13 Mutual Aid. The Sheriff's Office of each of the Member Jurisdictions
shall agree to assist the Authority staff in the event of a disturbance or emergency at the Regional
Jail. This could include the use of manpower, equipment, or access to local jail facilities to
mitigate the problem.
Section 5.14 Limitation of Liability. The only obligation of the Member Jurisdictions
to pay for the establishment, operation or maintenance of the Regional Jail arises out of this
Agreement. Except for the payment of the Per Diem Costs allocable to Prisoners who have been
actually committed to the Regional Jail, including any penalty service charges or interest
assessed pursuant to Section 5.3(E), the obligation of each Member Jurisdiction to pay Per Diem
Costs shall be subject to and contingent upon appropriations being made for such purpose by the
governing body of such Member Jurisdiction. No such payment responsibility shall constitute a
debt of any Member Jurisdiction within the meaning of any constitutional or statutory limitation.
Section 5.15 Property Value Protection. A concern of property owners surrounding the
Regional Jail site is the potential devaluation of their property. For purposes of the policy set
forth in this Section 5.15 (the "Property Value Protection Policy"), "Owner" means the owner or
owners of record, and spouse if married, of identified real property qualifying under the terms
and conditions of this Property Value Protection Policy.
A. Property to be Covered
Any Owner of real property within 3,000 feet of the Regional Jail site border on April 1,
2006 may be eligible for compensation if the Owner can prove that the Qualifying Property was
devalued as a result of the location of the Regional Jail under the terms and conditions contained
in this Property Value Protection Policy. Only that real property, or portion thereof, and
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improvements existing on April 1, 2006, that lie within 3,000 feet of the Regional Jail site border
(the "Qualifying Property") will be covered under this Property Value Protection Policy. The
value of repairs to or replacement of existing facilities and structures that take place after April 1,
2006, will be covered under this Property Value Protection Policy.
B. Valuation ofOualifving Property
The Owner must establish the value of the Qualifying Property just prior to the sale date
(the "Established Value") by either:
(1) use of 105% of the current Roanoke County or Montgomery County real
estate tax assessment; or
(2) by obtaining an appraisal by a "Professionally Certified Appraiser,"
prepared in accordance with industry standards including use of the appropriate Uniform
Appraisal Report form. The Authority will pay 50% of the cost of the initial appraisal up
to a total of$150. In the event the Authority shall not agree with the value established by
the initial appraisal, the Authority shall be entitled to obtain, at its cost, a second
appraisal. After completion of the second appraisal, in the event the Authority and the
Owner are unable to agree as to the Established Value, the Authority and Owner shall
choose, at equal cost to each, a mutually agreeable independent third certified appraiser
to review the two appraisals and determine a final amount to serve as Established Value.
All of the appraisals are to be made as if the Regional Jail did not exist.
C. Compensation
Any Owner who sells Qualifying Property for an amount (the "Sale Value") which is less
than the Established Value determined under paragraph B, will be eligible for compensation
from the Authority for the amount of this difference, subject to the following conditions:
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(1) The Authority must have been given the "Right of First Refusal" to buy
any Qualifying Property at the Established Value for which a written, enforceable, bona
fide offer to purchase has been received by the Owner within the prior thirty days from a
third party in an amount below the Established Value; provided that the third party offer
to purchase must be in an amount equal to or greater than 80% of the current Roanoke
County or Montgomery County real estate tax assessment for the Qualifying Property.
The minimum amount requirement for the third party offer to purchase shall not apply in
the event of a complete devaluation of the value of the Qualifying Property due to a
catastrophic event directly attributable to the Regional Jail.
(2) The Authority shall have the option to give notice of the exercise of its
rights under paragraph C.1. within 60 days of the date of receipt by the Authority's chief
appointed official of written notice from the Owner including a copy of the written bona
fide purchase offer and Owner's Established Value for the Qualifying Property in
accordance with paragraph B above, provided that such time shall be extended to the
extent necessary should Authority have a second appraisal completed or an independent
third certified appraiser is required to determine the Established Value.
(3) Any appraisal shall take into account the condition of the Qualifying
Property.
( 4) The Qualifying Property must be conveyed to the Authority within 90
days of the Authority's exercise of the Right of First Refusal unless otherwise agreed.
Prior to the purchase by the Authority, at Owner's expense: (i) Owner must be able to
convey the property by General Warranty deed with English covenants of title granting
good and marketable title including a proper description with current survey if deemed
necessary by the Authority; (ii) the property must be free and clear of all material defects,
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restrictions, liens, and encumbrances, including the third party offer to purchase; and (iii)
the property must be environmentally acceptable to the Authority.
D. Termination of Property Value Protection Policy
The Property Value Protection Policy will only apply to Qualifying Property sold before
the termination date, which is the date the Regional Jail ceases to be used as a correctional
facility. Legal heirs of Owners under the laws of the Commonwealth qualifying under this
Property Value Protection Policy will be eligible for compensation under the terms of this
Property Value Protection Policy.
Section 5.16 Community Custody . No Prisoners housed in the Regional Jail will be
eligible for any type of community custody program through the Regional Jail as provided for by
Title 53 or any newly adopted Code by the Virginia General Assembly. All community custody
programs will be operated from the Member Jurisdictions' local jails under the supervision of the
Sheriff.
Section 5.17 Trusty Status Inmates. No Regional Jail trusty will be permitted to work
on any projects beyond the grounds of the Regional Jail. Any trusty working on the grounds of
the Regional Jail must be under the immediate supervision of a certified Law Enforcement
Officer, Deputy Sheriff, or Corrections Officer.
Section 5.18 Visitation. Video visitation is the preferred method for visiting Prisoners
housed at the Regional Jail to ensure the security and safety of the Regional Jail and surrounding
community as well as for the convenience of family members. Each Member Jurisdiction agrees
to allow the necessary equipment to be installed, maintained, and operated for video visitation to
occur from their respective jails as part of the Regional Jail project.
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Section 5.19 Release of Prisoners. Prisoners who have completed their sentences will
be returned to the jail that committed them to the Regional Jail for release into that community.
No Prisoners will be released into a community directly from the Regional Jail.
ARTICLE VI
Additional Agreements
Section 6.1
Further Documents and Data. The parties to this Agreement will execute
and deliver all documents and perform all further acts that may be reasonably necessary to
perform the obligations and consummate the transactions contemplated by this Agreement.
Section 6.2 Right to Access. Each Member Jurisdiction will have reasonable access to
the Regional Jail in order to monitor the Authority's compliance with the terms of this
Agreement.
Section 6.3
Confidentiality. The Authority will maintain all records and files on the
Prisoners on a confidential basis in accordance with all Applicable Laws. Each Member
Jurisdiction will maintain the confidential nature of all records and files relating to the Prisoners
of other Member Jurisdictions in accordance with all Applicable Laws.
Section 6.4 Notification. The Authority will promptly furnish to each Member
Jurisdiction a copy of any notice or order of any governmental authority asserting that the
Authority or the Regional Jail is not in compliance in any material respect with any Applicable
Law.
Section 6.5 Tax-Exemption Covenant: Continuing Disclosure.
(a) The Authority intends to issue the Notes and the Bonds and may issue other
indebtedness in a manner such that the interest thereon is excludable from gross income for
federal income tax purposes under Section 103 ( a) and related provisions of the Internal Revenue
Code of 1986, as amended, and applicable rules and regulations. The Authority and each
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Member Jurisdiction agree that after the Notes and Bonds and other tax-exempt indebtedness
have been issued they will not knowingly take any action or omit to take any action which would
intentionally adversely affect such exclusion.
(b) Pursuant to Section 15c2-12(b) of regulations issued by the Securities and
Exchange Commission, the Authority and the Member Jurisdictions may be required to agree
with the owners of the Notes and Bonds, for as long as such obligations are outstanding, to
supply certain national municipal securities information repositories (1) annually, certain
financial and operating information, and (2) periodically, notification of certain specified
material events affecting the Authority, the Member Jurisdictions and such obligations. The
particulars of this ongoing disclosure requirement will be set forth in one or more of an
indenture, loan agreement or continuing disclosure agreement. Each Member Jurisdiction agrees
to cooperate with the Authority in fulfilling this requirement, including providing the Authority
with timely notice of the occurrence of any of the specified events which are material to its
operations and hereby authorizes its County Administrator or City Manager, as the case may be,
to execute and deliver any agreement considered necessary or appropriate to evidence such
Member's continuing disclosure undertaking.
Section 6.6 Additional Members. Any city or county in Virginia may, with the
approval of its governing body and with the consent of all of the Member Jurisdictions, join and
participate in the Authority under such additional terms and conditions for membership as may
be prescribed by the Authority.
Section 6.7 Withdrawal of Membership.
A. Withdrawal Before Authoritv Incurs Obligation
Before the Authority incurs any Obligation, any or all of the Member Jurisdictions may
withdraw from the Authority for any reason.
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B. Withdrawal After Authority Incurs Obligation
After the Authority has incurred any Obligation, no Member Jurisdiction shall be
permitted to withdraw from the Authority, except with the consent of the governing bodies of all
of the Member Jurisdictions. Further, no Member Jurisdiction shall be allowed to withdraw from
the Authority until all such Obligations have been fully satisfied or that said withdrawing
Member Jurisdiction shall have placed in escrow for use by the Authority, its pro-rata share of
the outstanding debt of the facility based on its pro-rata share of the guaranteed access to beds.
Written notice of intent to withdraw must be given to the Authority and the remaining Member
Jurisdictions prior to September 1 of the Fiscal Year in which the Member Jurisdiction intends to
withdraw. The withdrawal shall become effective June 30 (the end of the fiscal year).
Section 6.8 Dissolution. The Member Jurisdictions shall not dissolve the Authority
during any period in which Obligations are outstanding without providing by way of agreement
or through some other arrangement for payment or defeasance of the principal of and interest
then remaining to be paid on such Obligations and any expenses related thereto. Any such
agreement or arrangement may be subject to the appropriation of funds for such purpose by the
governing bodies of the Member Jurisdictions.
ARTICLE VII
Representations., Warranties and Covenants of Authoritv
In addition to the covenants in other Articles of this Agreement, the Authority represents,
warrants and covenants as follows:
Section 7.1
Organization Authorization and Validity. The Authority is a political
subdivision of the Commonwealth duly organized and validly existing under the laws of the
Commonwealth and has duly authorized, executed and delivered this Agreement.
Section 7.2 Authority. The Authority has all requisite authority under the Act to
execute and deliver and perform its obligations under this Agreement and is not a party to any
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indenture, contract or other agreement or arrangement, the performance of which by the
Authority would prevent or materially and adversely affect the Authority's ability to perform the
terms of this Agreement.
Section 7.3 Non-Contravention. The execution and delivery of this Agreement by the
Authority and the consummation of the transactions contemplated in it will not conflict with or
result in a breach of or constitute a default under or violate any of the terms, conditions or
provisions of the Act, the bylaws of the Authority or any material indenture, contract or other
agreement or arrangement to which the Authority is a party or by which any of its properties are
bound, or any Applicable Law by which the Authority is bound.
Section 7.4 Litigation. The Authority is not a party to any legal, administrative,
arbitration or other proceeding or controversy pending, or, to the best of the Authority's
knowledge, threatened, which would materially adversely affect the Authority's ability to
perform under this Agreement.
Section 7.5 Approvals. Except for approvals that may be required by the Virginia
Board of Corrections, the Authority does not require the consent or approval of any
governmental body to carry out the terms of this Agreement.
ARTICLE VIII
Representations., Warranties and Covenants of Member Jurisdictions
Each Member Jurisdiction represents, warrants and covenants for itself as follows:
Section 8.1 Organization., Authorization and Validity. Each Member Jurisdiction is a
political subdivision of the Commonwealth duly organized and validly existing under the laws of
the Commonwealth, and each has duly authorized, executed and delivered this Agreement.
Section 8.2 Authoritv. Each Member Jurisdiction has all requisite authority to
execute and deliver and perform its obligations under this Agreement and is not a party to any
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indenture, contract or other agreement or arrangement, the performance of which by it would
prevent or materially and adversely affect its individual performance under this Agreement.
Section 8.3 Non-Contravention. The execution and delivery of this Agreement by
each Member Jurisdiction and the consummation of the transactions contemplated in it will not
conflict with or result in a breach of or constitute a default under or violate any of the terms,
conditions or provisions of any charter, resolution or ordinance, any material indenture, contract
or agreement or arrangement to which it is a party or by which any of its properties are bound, or
any Applicable Law by which it is bound.
Section 8.4 Litigation. No Member Jurisdiction is a party to any legal, administrative,
arbitration, or other proceeding or controversy pending, or, to the best of its knowledge,
threatened, which would materially and adversely affect its ability to perform under this
Agreement.
ARTICLE IX
Defaults and Remedies
Section 9.1 Default by Authority. The occurrence of anyone or more of the following
events will constitute an "Event of Default" by the Authority ("Authority Default"):
(i) failure of the Authority to pay principal of or interest when due on any
Obligations issued for the Regional Jailor obtained by the Authority pursuant to this
Agreement;
(ii) if the Authority is for any reason rendered incapable of performing any of
its material obligations under this Agreement;
(iii) the Authority makes an assignment of all or a portion of its obligations
under this Agreement without the prior consent of the Member Jurisdictions;
(iv) the Authority defaults on any of its material obligations under any
agreement pursuant to which any Obligation issued for the Regional Jailor obtained by
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the Authority pursuant to this Agreement and such default is not cured within the
applicable cure period;
(v) any proceeding is instituted, with the consent or acquiescence of the
Authority, for the purpose of effecting a composition between the Authority and its
creditors or for the purpose of adjusting the claims of such creditors pursuant to any
federal or state statute now or hereafter enacted, if the claims of such creditors are under
any circumstances payable from the funds of the Authority; or
(vi) the Authority defaults in the due and punctual performance of any other of
the covenants, conditions, agreements and provisions contained in this Agreement, and
the default continues for thirty days after written notice specifying the default and
requiring it to be remedied has been given to the Authority by any Member Jurisdiction.
Section 9.2 Default by Member Jurisdictions. The occurrence of anyone or more of
the following events will constitute an "Event of Default" by any Member Jurisdiction
("Member Jurisdiction Default"):
(i) failure of any Member Jurisdiction to make payments of Per Diem Costs
when due;
(ii) any Member Jurisdiction shall for any reason be rendered incapable of
fulfilling its obligations under this Agreement; or
(iii) any proceeding is instituted, with the consent or acquiescence of any
Member Jurisdiction, for the purpose of effecting a composition between such Member
Jurisdiction and its creditors or for the purpose of adjusting the claims of such creditors
pursuant to any federal or state statute now or hereafter enacted, if the claims of such
creditors are under any circumstances payable from the general funds of such Member
Jurisdiction; or
(iv) any Member Jurisdiction defaults in the due and punctual performance of
any of the other covenants, conditions, agreements and provisions contained in this
29
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Agreement, and the default continues for thirty days after written notice specifying the
default and requiring it to be remedied has been given to such Member Jurisdiction by the
Authority.
Section 9.3 Remedies of Member Jurisdictions. Upon the occurrence of an Authority
Default, any Member Jurisdiction, after giving notice of such Authority Default to all parties,
may bring suit by mandamus or other appropriate proceeding to require the Authority to perform
its duties under the Act and this Agreement or to enjoin any acts in violation of the Act or this
Agreement.
Section 9.4 Remedies of Authority. Upon the occurrence of a Member Jurisdiction
Default, the Authority, after giving notice of such Member Jurisdiction Default to all parties,
may bring suit by mandamus or other appropriate proceeding to require the Member Jurisdiction
to perform its duties under the Act and this Agreement or to enjoin any acts in violation of the
Act or this Agreement.
Section 9.5 Remedies Not Exclusive. No remedy in this Agreement conferred upon or
reserved to the parties is intended to be exclusive of any other remedy, and each remedy is
cumulative and in addition to every other remedy given under this Agreement or now or
hereafter existing at law, in equity or by statute.
ARTICLE X
Miscellaneous
Section 10.1 Severability of Invalid Provisions. If any clause, provision or section of
this Agreement is held to be illegal or invalid by any court, the invalidity of the clause, provision
or section will not affect any of the remaining clauses, provisions or sections, and this
Agreement will be construed and enforced as if the illegal or invalid clause, provision or section
has not been contained in it.
Section 10.2 Notices. Any notice or other communication under or in connection with
this Agreement shall be in writing, and shall be effective when delivered in person or sent in the
30
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United States mail, postage prepaid, to the following persons and addresses or to such other
persons and addresses as any of such persons may from time to time specify in writing.
If to the Authority, initially, before a Superintendent has taken responsibility for
the development and operation of the Regional Jail:
Western Virginia Regional Jail Authority
P.O. Box 29800
Roanoke, VA 24018
Telephone: 540-772-2004
Facsimile: 540-772-2193
Attention: Chairman of the Authority
If to the Authority after a Superintendent has taken responsibility for the
development and operation of the Regional Jail, at such address, telephone
number and facsimile number as the Superintendent shall provide to the Member
Jurisdictions.
If to City of Salem:
City Manager
City of Salem
P.O. Box 869
Salem, VA 24153
Telephone: 540-375-3016
Facsimile: 540-375-4048
If to County of Franklin:
County Administrator
Franklin County
40 East Court Street
Rocky Mount, VA 24151
Telephone: 540-483-3030
Facsimile: 540-483-3035
If to County of Montgomery:
County Administrator
Montgomery County
755 Roanoke Street, Ste 2E
Christiansburg, VA 24073
Telephone: 540-382-6954
Facsimile: 540-381-6837
31
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If to County of Roanoke:
County Administrator
County of Roanoke
P.O. Box 29800
Roanoke, VA 24018
Telephone: 540-772-2004
Facsimile: 540-772-2193
Section 10.3 Execution of Agreement. A sufficient number of copies for each party
approving this Agreement, each of which shall be deemed to be an original having identical legal
effect, shall be executed by the parties.
Section 10.4 Governing Law. This Agreement shall be governed by, and construed and
enforced in accordance with, the laws of the Commonwealth.
Section 10.5 Amendments. This Agreement may be changed or amended only with the
consent of the Authority and each Member Jurisdiction. No such change or amendment may be
made which will affect adversely the prompt payment when due of all moneys required to be
paid by the Member Jurisdictions under the terms of this Agreement, and no such change or
amendment shall be effective which would cause a violation of any provision of any resolution,
indenture or agreement pursuant to which any Obligation has been issued or obtained by the
Authority for the Regional Jail.
Section 10.6 Effective Date of Agreement. This Agreement will be effective from the
date of its approval by all of the Member Jurisdictions.
Section 10.7 Waiver. Any waiver by any party of its rights under this Agreement must
be in writing, and will not be deemed a waiver with respect to any matter not specifically
covered. Nothing in this Agreement authorizes the waiver of any Member Jurisdiction's
obligation to make payments when due of all moneys required to be paid by the Member
Jurisdiction under the terms of this Agreement.
[SIGNATURES APPEAR ON NEXT PAGE]
32
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IN WITNESS WHEREOF, the parties have caused this Service Agreement to be
executed as of the date first above written.
Approved as to Form:
WESTERN VIRGINIA REGIONAL JAIL AUTHORITY
By:
Authority Counsel
Chairman
COUNTY OF FRANKLIN
By:
County Attorney
County Administrator
COUNTY OF MONTGOMERY
By:
County Attorney
County Administrator
COUNTY OF ROANOKE
By:
County Attorney
County Administrator
CITY OF SALEM
By:
City Attorney
City Manager
1397895v5
33
ACTION NO.
ITEM NO.
E-Q
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 11 , 2005
AGENDA ITEM:
Resolution approving and authorizing the assignment and
change of control of AdeJphia's cable television franchise to
Corncast Corporation
SUBMITTED BY:
Joseph B. Obenshain
Senior Assistant County Attorney
APPROVED BY:
Elmer C. Hodge é¡'¡
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
In December 2000, Roanoke County renewed the cable television franchise of
Blacksburg/SaJem Cablevision. Inc., a subsidiary of Adelphia Communications Corporation,
for its operations in a portion of Roanoke County in coordination with identical action by the
City of Salem. As a result of well-publicized legal difficulties, Adelphia Communications
Corporation ("Adelphia") has been in bankruptcy proceeds for many months. In order to
complete its bankruptcy reorganization process, Adelphia has agreed to transactions which
will result in Comcast Corporation ("Comcast") acquiring its cable franchise operations in
many areas of the country including ours.
The arrangements approved by the bankruptcy court will involve a complicated series of
transactions whereby this subsidiary of Adelphia will first be acquired by Time Warner
Cable, Inc., which will then immediately transfer 100 percent control of the subsidiary to
Comcast. Comeast has provided to the County a completed FCC Form 394 and a
substantial amount of documentation as to the details of these complex transactions. The
City of Salem, which represents the substantial portion of the customers of Adelphia in our
area, is prepared to consent to this franchise transfer at its October 10, 2005 meeting.
Approval of this transfer by the County will preserve our legal rights with the new operator.
1
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FISCAL IMPACT:
None
ALTERNATIVES:
1. Approve the resolution authorizing transfer of Adelphia's franchise to Corneast
Corporation.
2. Decline to approve the transfer of Adelphia's franchsie to Comcast Corporation.
STAFF RECOMMENDATION:
Staff recommends Alternative 1.
2
'"
E-Q
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDA Y, OCTOBER 11, 2005
RESOLUTION APPROVING AND AUTHORIZING THE ASSIGNMENT AND
CHANGE OF CONTROL OF ADELPHIA'S CABLE TELEVISON FRANCHISE
TO COMCAST CORPORATION
WHEREAS, by ordinance adopted on December 19, 2000, effective January 1,
2005, a cable television franchise has previously been granted by the County of
Roanoke, Virginia, ("Franchise Authority") to Blacksburg/Salem Cablevision Inc., an
entity ('IFranchisee") that is an indirect subsidiary of Adelphia Communications
Corporation C'Adelphia"); and
WHEREAS, Adephia is currently in Chapter 11 bankruptcy proceedings; and
WHEREAS, pursuant to an Asset Purchase Agreement dated April 20, 2005.
between Adelphia and Time Warner NY Cable LLC (UTWNY"), the right to purchase the
Franchisee cable system will be assigned by TWNY to a wholly owned subsidiary of
TWNY, Cable Holdco Exchange III LLC which will purchase the cable system and
franchise (the "AdeJphia Transaction"); and
WHEREAS, pursuant to an Exchange Agreement dated April 20, 2005, between
Time Warner Cable Inc. and Corncast Corporation C·Comcast"), 1 000/0 of the equity
securities in the Comcast Subsidiary C-Native Exchange I, LLC will be exchanged for
100 percent of the equity securities of Cable Haldeo Exchange III, LLC, whereby that
entity will become a 100 percent indirect subsidiary of Corneast (the uExchange
Transaction"); and
1
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WHEREAS, Franchise Authority has concluded its approval is necessary for the
above described Adelphia Transaction and Exchange Transaction and has been
provided an FCC Form 394 and related information for such Transactions; and
WHEREAS, the Franchise Authority is willing to consent to the Adelphia
Transaction and the Exchange Transaction described above.; NOW, THEREFORE,
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF
ROANOKE, VIRGINIA, as follows:
1. The foregoing recitals are approved and incorporated herein by reference.
2. The Franchise Authority consents to the Adelphia Transaction described
herein subject to TWNY and Comeast assuming all the obligations of
Adelphiaj including the obligation to remedy past defaults.
3. The Franchise Authority consents to the Exchange Transactions described
herein subject to TWNY and Corncast assuming all obligations to Adefphia,
including the obligation to remedy past defaults.
4. This Resolution shall have the force of a continuing agreement with the
Franchisee and the Franchise Authority shall not amend or otherwise alter
this Resolution without the consent of the Franchisee.
5. This Resolution shaH be deemed effective upon adoption.
2
ACTION NO.
ITEM NO. [" - ~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 11, 2005
AGENDA ITEM:
Request to accept and appropriate a grant in the amount of
$470,000 on behalf of RADAR for the purchase of vans and
Section 5311 Monies
SUBMITTED BY:
John M. Chambliss, Jr.
Assistant County Administrator
Elmer C. Hodge ~ 11+
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
~~
SUMMARY OF INFORMATION:
Unified Human Transportation Services (RADAR), who operates the CORTRAN program
on behalf of Roanoke County, has been advised by the Commonwealth of Virginia's
Department of Rail and Public Transportation that they have been awarded a capital grant
under their Section 5311 program in the amount of $470,000 for the purchase of the
following: shop equipment ($100,000); improvements to their facility ($50,000); and for the
purchase of a communications system ($320,000). This grant represents $376,000 in
federal monies, $35,720 in state monies, and $58,280 as the local match which will be paid
by RADAR. These monies must pass through a local government entity and the application
was approved in the name of Roanoke County. No local (Roanoke County) monies are
involved as this is simply a pass-through grant.
FISCAL IMPACT:
No local (Roanoke County) monies are required for this grant. The grant for the purchase
of the vans uses state money and is matched by RADAR. The operating money for the
County's CORTRAN program serves as the match for the 5311 monies.
1
\2-3
STAFF RECOMMENDATION:
Staff recommends acceptance and approval of this grant and the appropriation of the
monies so that they may be used by RADAR.
Attachments
2
Appendix 8-1.2
State Capital Project Agreement Summary
Project Number: 42004-62
Grant Recipient: County of Roanoke for RADAR
Project Start Date: August 1, 2005
Project Expiration Date: May 30þ 2010
Maximum State Share of Eligible Expenses: $35,720
E-~
Maximum State Percentage of Non-federal expenses is 38°/0
EIN: 541003310 (RADAR)
Capital Project Agreement Budget Detail
~-
Expense Detail
11.42.06 Purchase shop equipment
11.43.03 Bus Construction Admin/Maint facility
11.62.02 Purchase communications system
Total Expenses
Expense Summary
Federal share of project cost (80°/0)
State share of project cost (38°/0 of Non-Fed)
Loca' share of project cost
Approved
Budget
$100,000
$50,000
$320,000
$470,000
$376,000
$35,720
$58,280
· , , .....
F-~
~ ~
Description
These funds are the Capital portion of Section 5311. The following is a
description of how the funds will be utilized.
Shop Equipment: To purchase shop equipment in the maintenance area of our
facility. Such items as vehicle lifts, tire changer, and reels for fluids that are used
for prevention maintenance.
Construction: To finish several items that we had to leave off during construction
because budget restraints. Electric gate openers and closers for security and
hand dryers for the restrooms are just two of these items.
Communication System: These funds will be used to implement Phase II of our
computerization project for Scheduling and Dispatching. Phase II consists of
installation of on Board Data Terminals for our vehicles and a vehicle location
system. This will make our operations more efficient by eliminating paper and for
making for better communications between the dispatching staff and vehicle
operators.
,.
ACTION NO.
ITEM NO. ¡: - \
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 11, 2005
AGENDA ITEM:
First reading of an ordinance authorizing the emergency
relocation of the Cave Spring voting precinct
SUBMITTED BY:
Judy Stokes
General Registrar
APPROVED BY:
Elmer C. Hodge /1/
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Roanoke County has been notified by the Secretary for the Cave Spring Lodge. the current
polling station for the Cave Spring precinct, that this location can no longer be used for
voting. The County Attorney and staff have tried to resolve the issues with the lodge, but
attempts to do so have been unsuccessful. It is therefore necessary that an emergency
polling location be selected in time for the November 8, 2005 election.
Cave Spring Elementary School has agreed to serve as the new polling station for the Cave
Spring precinct. In order to comply with regulations regarding a change in the polling
precinct, it is requested that the Board waive the second reading and adopt this ordinance
as an emergency ordinance. The County Charter requires a four-fifths (4/5) vote by the
Board to adopt an emergency ordinance.
FISCAL IMPACT:
There is no fiscal impact. Funds are available in the Elections budget to cover the cost of
mailing notices to voters and the notice published in the newspaper.
ALTERNATIVES:
None
f~--I
STAFF RECOMMENDATION:
It is recommended that the Board favorably consider the adoption of this ordinance as an
emergency ordinance and waive the second reading.
~ -)
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON TUESDAYt OCTOBER 11,2005
ORDINANCE AUTHORIZING THE EMERGENCY RELOCATION OF
THE CAVE SPRING VOTING PRECINCT
WHEREAS, Section 24.2-310 D of the Code of Virginia, 1950, as amended,
provides that if a polling place becomes inaccessible due to an emergency, that the
electoral board shall provide an alternative polling place subject to the prior approval of
the State Board of Elections; and
WHEREAS, Section 24.2-307 of the Code of Virginia, 1950, as amended
mandates that the governing body of each county shall establish the polling place for
each precinct in that jurisdiction by ordinance; and
WHEREAS. the Cave Spring Lodge building has recently become unavailable for
use as a polling place for the November 8, 2005, election despite efforts by Roanoke
County officials to secure this location as a polling place; and
WHEREAS, Cave Spring Elementary School is available to serve as the new
polling place for the Cave Spring precinct; and
WHEREAS, an emergency exists due to the urgent need to notify voters in the
Cave Spring precinct of the new location of their polling place which necessitates the
adopting of this Ordinance on an emergency basis in accordance with the Roanoke
County Charter; and
WHEREAS, the first reading of this ordinance was held on October 11 , 2005; and
the second reading of this ordinance has been dispensed with, since an emergency
exists, upon a 4/5ths vote of the members of the Board.
f-
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That an emergency exists due to the sudden unavailability of the Cave
Spring Masonic Lodge as the polling place for the Cave Spring precinct of the Cave
Spring Magisterial District of Roanoke County.
2~ That the Cave Spring Elementary School is hereby designated as the
polling station for the Cave Spring precinct, Cave Spring Magisterial District, for the
November 8, 2005 election.
3. That the General Registrar for the County of Roanoke, Virginia, is hereby
authorized to take all measures necessary to comply with Virginia law and regulations
regarding a change in a polling precinct and for reasonable notification to the voters of
the Cave Spring precinct of this change in their polling location.
4. That the County Administrator and the General Registrar are hereby
authorized and directed to take such others actions as may be necessary to accomplish
the intent of this Ordinance.
5. That this Ordinance shall take effect immediately. The first reading of this
ordinance was held on October 11, 2005; and the second reading of this ordinance has
been dispensed with since an emergency exists, upon a 4/5ths vote of the members of
the Board.
2
ACTION NO.
ITEM NO. G-\
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 11 , 2005
AGENDA ITEM:
Second reading of an ordinance authorizing the exercise of an
option and the acquisition of certain real estate from John T.
Parker consisting of approximately 6.28 acres for future County
use, Windsor Hills Magisterial District
SUBMITTED BY:
Diane D. Hyatt
Chief Financial Officer
Elmer C. Hodge ~ )/~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
~~~
SUMMARY OF INFORMATION:
On July 12, 2005, the Board approved entering into an option to purchase a 6.28 acre
parcel of rand, Tax Parcel 67.18-1-14, owned by John Parker. This property adjoins the
Oak Grove School property and the park area maintained by the County Parks &
Recreation department.
As part of the due diligence on the propertYt staff contracted for a Phase One
Environmental Site Assessment and a Title Exam on the property. We have now received
these documents, and they do not indicate any problems with the site. This is one of the
sites that the Board is considering for the new South County library. It also has potential for
other County uses, such as Parks & Recreation.
The first reading of this ordinance was held on September 27 and there have been no
changes since that time.
FISCAL IMPACT:
The purchase price of the land is $275,000. The option price of $5,000 will be applied to
the purchase price. Funds have already been appropriated and are available in the Capital
Fund.
~-I
STAFF RECOMMENDATION:
Staff recommends adoption of the attached ordinance authorizing the purchase of land with
funds available in the Capital Fund.
G -I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON TUESDAY, OCTOBER 11,2005
ORDINANCE AUTHORIZING THE EXERCISE OF AN OPTION AND
THE ACQUISITION OF CERTAIN REAL ESTATE FROM JOHN T.
PARKER CONSISTING OF APPROXIMATELY 6.28 ACRES (TAX MAP
NO. 67.18-1-14) FOR FUTURE COUNTY USE, WINDSOR HILLS
MAGISTERIAL DISTRICT
WHEREAS, by Action No. A-071205-1 the Board of Supervisors approved
the execution of an Option to Purchase a 6.28 acre tract of land (Tax Map No. 67.18-1-
14) adjoining Oak Grove Elementary School property from John T. Parker for future
County use for the price of $275,000; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on September 27,2005, and the second reading
was held on October 11 , 2005.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
Countyþ Virginia, as follows:
1. That the exercise of an option dated June 15, 2005 for the purchase of
6.28 acres of real estate (Tax Map No. 67.18-1-14) located off Grandin Road Extension
and Hathaway Drive owned by John T. Parker for the sum of Two Hundred Seventy-five
Thousand Dollars ($275,000) is hereby authorized and approved.
2. That the Board does hereby ratify, confirm, and approve the County
Administrator's execution of a option to acquire this property on behalf of the County.
3. That funds were previously appropriated into the Library Capital Account
to pay all the costs of this acquisition.
G -I
4. That the County Administrator or Assistant County Administrator are
hereby authorized to execute such documents and take such actions on behalf of
Roanoke County in this matter as are necessary to accomplish the acquisition of this
real estate, all of which shall be approved as to form by the County Attorney.
5. That this ordinance shall be effective on and from the date of its adoption.
2
ACTION NO.
\-H-3
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 11, 2005
AGENDA ITEM:
Appointments to Committees, Commissions and Boards
SUBMITTED BY:
Diane S. Childers
Clerk to the Board
Elmer C. Hodge ê /I
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals)
The four-year term of Ralph Henry will expire on October 28, 2005.
2. Capital Improvement Program (CIP) Review Committee (Appointed by District)
The following one-year terms expired on August 31,2005: Pam Berberich, Cave Spring
District; and Barbara Bushnell, Windsor Hills District.
3. Grievance Panel
The three-year term of King Harvey. alternate member, is vacant due to Mr. Harvey's
recent appointment as a full member of the Grievance Panel. This term will expire on
October 28t 2006. Joe Sgroi, Director of Human Resources, has been asked to provide
nominees for this alternate position.
I\-5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 11, 2005
RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM I · CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for October
11 J 20051 designated as Item I - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1 through
5, inclusive, as follows:
1. Approval of minutes -September 26 and September 27, 2005
2. Resolution of appreciation upon the retirement of Wayne R. Davis, Parks,
Recreation and Tourism Department, after thirty-two years of service
3. Request from schools to accept and appropriate grant funds in the amount of
$12,325 from Pepsi Bottling Group for the purchase of textbooks
4. Request to adopt a plan document for the Roanoke County flexible benefits plan
5. Designation of voting delegate to the Virginia Association of Counties (V ACo)
conference to be held November 13-15, 2005
2. That the Clerk to the Board is hereby authorized and directed where required by
law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
1
ACTION NO.
ITEM NO.
]:"-2
'-
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 11, 2005
AGENDA ITEM:
Resolution of appreciation upon the retirement of Wayne R.
Davis. Parks, Recreation and Tourism Department, following
thirty-two years of service
SUBMITTED BY:
Brenda J. Holton
Deputy Clerk to the Board
Elmer C. Hodge ê fJ
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR1S COMMENTS:
SUMMARY OF INFORMATION:
Mr. Wayne R. Davis retired on October 1 J 2005, following thirty-two years of service. He
has requested that his resolution be mailed since he will be unable to attend a Board
meeting~
STAFF RECOMMENDATION:
It is recommended that the Board approve the attached resolution and direct the Deputy
Clerk to mail it to Mr. Davis with the appreciation of the Board members for his service to
the County.
.....
I-~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 11, 2005
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF
WAYNE R. DAVIS, PARKS, RECREATION AND TOURISM DEPARTMENT,
AFTER THIRTY..TWO YEARS OF SERVICE
WHEREAS, Wayne R. Davis was first employed by Roanoke County on January 12,
1973~ as a Motor Equipment Operator and also served as a Parks Maintenance
Supervisor; and
WHEREAS, Mr. Davis retired as a Parks Maintenance Foreman on October 1, 2005,
after thirty-two years and eight months of service; and
WHEREAS, Mr. Davis assisted in the formation of the Parks Division and provided
support for new construction, repairs and improvements, and the general maintenance and
care of the parks; and
WHEREAS, Mr. Davis, through his employment with Roanoke County, has been
instrumental in improving the quality of life for its citizens by promoting safe and
aesthetically maintained parks for the enjoyment of the citizens of the Roanoke Valley.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of
Roanoke County to WAYNE R. DAVIS for more than thirty-two 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.
ACTION NO.
I-S
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 11, 2005
AGENDA ITEM:
Request from schools to accept and appropriate grant funds in
the amount of $12,325 from the Pepsi Bottling Group for the
pu rchase of textbooks
SUBMITTED BY:
Dr. Lorraine Lange
Deputy Superintendent
Elmer C. Hodge ê/f
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Pepsi Bottling Group has granted Roanoke County Schools the funding required to
purchase social studies textbooks for second and third grades in all elementary schools.
The grant is in the amount of $12,325.
FISCAL IMPACT:
$12,325 will be added to the social studies instructional budget for the purpose of
purchasing second and third grade classroom sets of social studies textbooks for each
elementary school.
AL TERNATIVES:
None
STAFF RECOMMENDATION:
Staff recommends the acceptance and appropriation of grant funds in the amount of
$12,325 to the social studies instructional budget
ACTION NO.
ITEM NO.
L-L\
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 11 , 2005
AGENDA ITEM:
Request to adopt a plan document for the Roanoke County
flexible benefits plan
SUBMITTED BY:
Anita Hassell
Assistant Director of Human Resources
Elmer C. Hodge
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
We are sending you the entire plan document, even though the changes are primarily
routine in nature. Recommend approval.
SUMMARY OF INFORMATION:
Since 1989, the County has offered a flexible benefits plan to employees. This plan
qualifies as a cafeteria plan under Section 125 of the Internal Revenue Code. A cafeteria
plan allows pre-tax dollars to be used for health care and/or dependent care expenses.
Employers are required to maintain a uplan document" that explains how the plan win be
administered.
The County recently contracted with Flexible Benefits Administrators (FBA) to administer
this plan for employee reimbursements~ As part of this contract, FBA has updated our
uplan document" to reflect changes in legislation affecting cafeteria plans and in our current
practices~ A copy of the plan document is included in your agenda packet. Revisions
made to the plan document are outlined below:
Article I - Definitions
1.1 "AdministratorU definition changed to individual or corporation appointed by employer to
carry out administration of the plan from "Employer".
1.6 "Compensation" definition changed to "amounts received by the particìpant from the
employer during the plan year" from Uthe total cash remuneration received by the
participant from the employer during the plan year prior to any reductions pursuant to a
1
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salary redirection agreement authorized hereunder. Compensation shall include overtime,
commissions and bonuses".
1 .10 "Eligible Employee" definition changed to reflect fun-time definition and expanded to
exclude non-eligible groups as follows:
An individual shall not be an "Eligible Employee" if such individual is not reported on
the payroll records of the Employer as a common law employee. In particular, it is expressly
intended that individuals not treated as common law employees by the employer on its
payroll records are not "Eligible Employees" and are excluded from plan participation even
if a court or administrative agency determines that such individuals are common law
employees and not independent contractors.
Employees whose employment is governed by the terms of a collective bargaining
agreement between employee representatives (within the meaning of Code Section
7701 (a)(46)) and the employer under which benefits were the subject of good faith
bargaining between the parties, unless such agreement expressly provides for such
coverage in this plan, will not be eligible to participate in this plan~
However, employees who are "leased employees" as defined in Code Section
414(n)(2) shall not be eligible to participate in this plan.
However, any employee who is a "part-timell employee shall not be eligible to
participate in this Plan. A "part-time" employee is any employee who works, or is expected
to work on a regular basis, less than 40 hours a week and is designated as a part-time
employee on the employer1s personnel records.
However, any employee who is a nonresident alien and who receives no earned
income (within the meaning of Code Section 911 (d)(2)) from the employer which constitutes
income from sources within the United States (within the meaning of Code Section
861 (a)(3)), shall not be eligible to participate in this plan.
The old language read as follows: "any employee who is a part-time employee shall not be
eligible to participate in this plan. A part-time employee is any employee who works, or is
expected to work on a regular basis, less than 17.5 hours a week and is designated as a
part-time employee on the employer's personnel records."
1.13 "Highly Compensated Employee" means an employee described in Code Section
414q and the Treasury regulations thereunder section removed~
Article II - Participation
2.1 Eligibility changed to "Any eligible employee shall be eligible to participate hereunder as
of his date of employment, if he is normally scheduled to work at least 40 hours per week. U
2
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Prior language read: "Any eligible employee shall be eligible to participate hereunder as of
his date of employment (or the effective date of the plan, if later). However, any eligible
employee who was a participant in the plan on the effective date of this amendment shall
continue to be eligible to participate in the plan. If a former participant is rehired during the
same plan year in which termination of employment occurs, and such former participant
had revoked existing benefit elections and terminated the receipt of benefits at the time of
termination of employment, then such rehired former participant shall be prohibited from
making new benefit elections for the remaining of the plan year.
2.2 Effective date of participation changed to "An eligible employee shall become a
participant effective as of the first day of the month coinciding with or next following the
date on which he met the eligibility requirements of Section 2.1 or he may choose the first
day of the second month following the date eligibility requirements were met."
Old language read "an eligible employee shall become a participant effective as of the first
day of the pay period coinciding with or next following the date on which he met the
eligibiHty requirements of Section 2.1."
Article IV - Benefits
Section 3 and 4.6 "Cash Benefit Options" removed
Article V - Particicant Ejections
5.4 Change of Elections - 3 additional pages of detail (not shown here) have been added
to this section to reflect new regulations governing when changes can be made to an
employee's plan.
Article VII - Dependent Care Assistance Proqram
7.2 Reference to Code Section 152(a)(1) added to reflect the new legal definition of a
dependent
Article X - Amendment or Termination of Plan
10.2 Termination language was changed to provide reimbursements to be made "until 90
days after the termination date of the plan" rather than "until the end of the plan year in
which the plan termination accurst'.
Article XI - Miscellaneous
11 .15 Health Insurance Portablility and Accountability Act - section added to state plan will
operate in accordance with these regulations
11.16 Uniform Services Employment and Reemployment Rights Act - section added to
state plan will operate in accordance with these regulations
3
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11.17 Compliance with HIPAA Privacy Standards, and
11.18 Compliance with H IPAA Electronic Security Standards - if the health care
reimbursement plan is subject to HIPAA privacy standards for identifiable health
information, these sections were added to state the compliance practices
The following resolution must be approved by the Board to adopt the amendments to the
plan document. The program is currently in place and the amendments should be made
effective July 1, 2005.
FISCAL IMPACT:
None
STAFF RECOMMENDATION:
Staff recommends adopting the attached resolution ratifying. confirming and approving the
amendments to the plan document, and authorizing the County Administrator to execute
the revised plan documents on behalf of the County and to implement these revisions.
4
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 11, 2005
RESOLUTION APPROVING THE AMENDMENTS TO THE REVISED
FLEXIBLE BENEFITS PLAN DOCUMENT FOR ROANOKE COUNTY
EFFECTIVE JULY 1, 2005
WHEREAS, Roanoke County has offered a flexible benefits plan under Section
125 of the Internal Revenue Code to its employees since 1989; and,
WHEREAS, the County desires to revise the flexible benefits plan document for
Roanoke County effective July 1, 2005 and
NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY~ VIRGINIA, as follows:
1. That the Board ratifies, confirms and approves the revisions to the flexible
benefits plan document in order to incorporate the changes in federal law governing
Section 125 of the Internal Revenue Code "cafeteria plans" and that such revisions and
practices are approved effective July 1, 2005.
2. That the County Administrator or designee is authorized to execute the
plan document on behalf of the County and to take such actions that are deemed
necessary and proper in order to implement the revisions to the plan, and to establish
accounting and administrative procedures to provide benefits under this plan.
1-4
(/....~ .............. "
t
\
COUNTY OF ROANOKE
FLEXIBLE BENEFIT PLAN
'\..
1-4
TABLE OF CONTENTS
ARTICLE I
DEFINITIONS
ARTICLE II
PAR TICIP A TION
2. 1 ELI G IB IL ITY ..................................................................................................................... 4
2.2 EFFECTIVE DATE OF PARTICIPATION ...................................................................... 4
2.3 AP P LIe A TI ON TO P AR TIC IP ATE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.4 TERM IN A TI ON OF P AR TIC IP A TI ON ... .. ... . ... . .. . .. . .. .. . .... . ... .... ... .. .. .. .. . . .. . . . .. . . . . . . . . . . . . .. .. .. . 4
2.5 CHANGE OF EMPLOYMENT STATUS .................................................~.....~................ 5
2.6 TERM IN A TI ON OF EMP LO YMENT ............................................................................. 5
2. 7 D EA TH .............................................................................................................................. 6
ARTICLE III
C,ONTRIBUTIONS TO THE PLAN
(
3 .1 S ALARY RED IRE C TI ON ................................................................................................. 6
3.2 APPLICATION OF CONTRIBUTIONS .......................................................................... 6
.3.3 PERIOD Ice 0 NTRIB UTI ON S ................................ '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
ARTICLE IV
BENEFITS
4.1 BENEFIT OPTIONS......................................................................... .'. .. .................... .... .. ... 7
4.2 IfEAL TH CARE REIMBURSEMENT PLAN BENEFIT ................................................ 7
4.3 DEPENDENT CARE ASSISTANCE PROGRAM BENEFIT ......................................... 7
4.4 HEALTH INSURANCE BENEFIT ..... .... .... ............. ........................... ......... ............. ........ 7
4.5 D ENTAL IN S URAN CE , BENEFIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
4.6 NONDISCRIMINATION REQUIREMENTS .... ................................... ........ ........ ...........8
ARTICLE V
PARTICIPANT ELECTIONS
5.1 INITIAL ELECTIONS ...................................................................................................... 9
5.2 SUBSEQUENT ANNUAL ELECTIONS .... ........ ........................................ .....................9
5 .3 FAILURE TO ELECT.................................................................................... .-................ 10
5.4 CHANGE OF ELECTIONS................................................................. .... ....... .... ............ 10
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I
ARTICLE VI
HEAL TH CARE REIMBURSEMENT PLAN
6. 1 E S TAB LIS HMENT OF PLAN ........................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 3
6.2 D EFINITI 0 NS ................................................................................................................. 1.3
6. 3 F 0 RFE IIURE S ............................................................................................................... 14
6.4 LIMITATION ON ALLOCA TIONS...............................................................................14
6.5 NONDISCRIMINATION REQUIREMENTS ................................................................14
6.6 COORDINATION WITH CAFETERIA PLAN .............................................................15
6.7 HEALTH CARE REIMBURSEMENT PLAN C,LAIMS ...............................................15
ARTICLE VII
DEPENDENT CARE ASSISTANCE PROGRAM
7. 1 E S TAB LIS HMENT OF PROGRAM .............................................................................. 16
7 .2 DEFINITIONS.................................................................................................................. 16
7.3 DEPENDENT CARE ASSISTANCE ACCOUNTS .......................................................18
7.4 INCREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS ........................... 18
7.5 DECREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS.......................... 18
( 7.6 ALLOWABLE DEPENDENT CARE ASSISTANCE REIMBURSEMENT ................18
7.7 ANNUAL STATEMENT OF BENEFITS ......................................................................18
7.8 F 0 RFE ITURE S ............................................................................................................... 18
7 . 9 LIMIT A TI ON ON PAYMENT S ......................................................... ~ . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
7.1 0 NO ND IS CRIMINATION REQUIREMENTS................................................................ 19
7.11 COORDINATION WITH CAFETERIA PLAN ............................................................. 19
7.12 DEPENDENT CARE ASSISTANCE PROGRAM CLAIMS ........................................20
ARTICLE VIII
BENEFITS AND RIGHTS
8.1 CLAIM FOR BENEFITS............................................................................. ....................21
8.2 APPLICATION OF BENEFIT PLAN SURPLUS ..........................................................22
ARTICLE IX
ADMINISTRA TION
9.1 P LAN AD MINI S TRA TI ON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
\, 9.2 EXAMINATION OF RECORDS ....................................................................................23
9 .3 PAYMENT OF EXPENSES .......... .......................... ................................................. .......23
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9.4 INSURANCE CONTROL CLAUSE.. ............... .......................... ................. ....... ...... ......23
( 9.5 INDEMNIFI CA TI ON OF ADMINIS TRA TOR.............................................................. 24
ARTICLE X
AMENDMENT OR TERMINATION OF PLAN
1 0 .1 AMENDMENT ................................................................................................................ 24
1 0.2 TE RMIN A TI ON ................................................................................................................ 24
ARTICLE XI
MISCELLANEOUS
11.1 PLAN INTERPRETATION ............................................................................................ 24
11. 2 GENDER AND NUMB E R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
11.3 WRITTEN DOCUMENT................................................................................................ 25
11. 4 EXCLUSIVE BENEFIT ................................................................................................... 25
11. 5 PARTIe IP ANT'S RI G HT S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
11. 6 ACTION BY THE EMPLOYER..................................................................................... 25
11.7 NO GUARANTEE OF TAX CONSEQUENCES...........................................................25
11.8 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS .....................................26
11 . 9 FUNDING ........................................................................................................................ 26
11.10 GOVERNING LAW ........................................................................................................26
11 .11 SEVERABILITY .................................................................................................................. 26
11 .12 CAPTIONS ............................................................................................,............................ 26
11.13 CONTINUATION OF COVERAGE........ ...... .... ........ .... .... ...... ...... ... ............ .... ..............26
11.14 FAMILY AND MEDICAL LEAVE ACT....................................................................... 27
11.15 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT................27
11.16 UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS
ACT. . . . .. . .. . . . . .. . .. . .. . .. . .. . . . . .. . .. . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . . . . .. . .-. . . . . . . . . . . . . 27
11.17 COMPLIANCE WITH HIP AA PRIVACY STANDARDS ... ............,............................ 27
11.18 COMPLIANCE WITH HIP AA ELECTRONIC SECURITY STANDARDS ................29
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COUNTY OF ROANOKE
FLEXIBLE BENEFIT PLAN
INTRODUCTION
The Employer has amended this Plan effective July 1, 2005, to recognize the
contribution made to the Employer by its Employees. Its purpose is to reward them by providing
benefits for those Employees who shall qualify hereunder and their dependents and beneficiaries.
The concept of this Plan is to allow Employees to choose among different types ofbertefits based
on their own particular goals, desires and needs. This Plan is a restatement of a Plan which was
originally effective on July 1, 1989. The Plan shall be known as County of Roanoke Flexible
Benefit Plan (the "Plan").
The intention of the Employer is that the Plan qualify as a "Cafeteria Plan" within
the meaning of Section 125 of the Internal Revenue Code of 1986, as amended, and that the
benefits which an Employee elects to receive under the Plan be excludable from the Employee's
income under Section 125(a) and other applicable sections of the Internal Revenue Code of
1986, as amended.
ARTICLE I
DEFINITIONS
1.1 "Administrator" means the individual( s) or corporation appointed by the
Employer to carry out the administration of the Plan. The Employer shall be empowered to
appoint and remove the Administrator from time to time as it deems necessary for the proper
administration of the Plan. In the event the Administrator has not been appointed, or resigns from
a prior appointment, the Employer shall be deemed to be the Administrator.
1.2 "Affiliated Employer" means the Employer and any corporation which is a
member of a controlled group of corporations (as defined in Code Section 414(b» which
includes the Employer; any trade or business (whether or not incorporated) which is under
common control (as defined in Code Section 414(c» with the Employer; any organization
(whether or not incorporated) which is a member of an affiliated service group (as defined in
Code Section 414(m» which includes the Employer; and any other entity required to be
aggregated with the Employer pursuant to Treasury regulations under Code Section 414(0).
1.3 "Benefit" means any of the optional benefit choices available to a Participant as
outlined in Section 4.1.
1.4 "Cafeteria Plan Benefit Dollars" means the amount available to Participants,
pursuant to Article III, to purchase Benefit Options provided under Section 4.1. Each dollar
contributed to this Plan shall be converted into one Cafeteria Plan Benefit Dollar.
1.5 "Code" means the Internal Revenue Code of 1986, as amended or replaced from
time to time.
{
t" 1.6 "Compensation" means the amounts received by the Participant from the
Employer during a Plan Year.
1
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1.7 "Dependent" means any individual who qualifies as a dependent under a Contract
or under Code Section 152 (as modified by Code Section 105(b).
1.8 "Effective Date" means July 1, 1989.
1.9 "Election Period" means the period immediately preceding the beginning of each
Plan Year established by the Administrator, such period to be applied on a uniform and
nondiscriminatory basis for all Employees and Participants. However, an Employee's initial
Election Period shall be determined pursuant to Section 5.1.
1.10 "Eligible Employee" means any Employee who has satisfied the provisions of
Section 2.1.
An individual shall not be an "Eligible Employee" if such individual is not
reported on the payroll records of the Employer as a common law employee. In particular, it is
expressly intended that individuals not treated as common law employees by the Employer on its
payroll records are not "Eligible Employees" and are excluded from Plan participation even if a
court or administrative agency determines that such individuals are common law employees and
not independent contractors.
Employees whose employment is governed by the terms of a collective
bargaining agreement between Employee representatives (within the meaning of Code Section
7701 (a) (46) and the Employer under which benefits were the subject of good faith bargaining
between the parties, unless such agreement expressly provides for such coverage in this Plan,
( will not be eligible to participate in this Plan.
However, Employees who are "leased employees" as defined in Code Section
414(n)(2) shall not be eligible to participate in this Plan.
However, any Employee who is a "part-time" Employee shall not be eligible to
participate in this Plan. A "part-time" Employee is any Employee who works, or is expected to
work on a regular basis, less than 40 hours a week and is designated as a part-time Employee on
the Employer's perso1lllel records.
However, any Employee who is a nonresident alien and who receives no earned
income (within the meaning afCode Section 911(d)(2» from the Employer which constitutes
income from sources within the United States (within the meaning of Code Section 861 (a)(3»,
shall not be eligible to participate in this Plan.
1.11 "Employee" means any person who is employed by the Employer. The term
Employee shall include leased employees within the meaning of Code Section 414(n)(2).
1.12 "Employer" means County of Roanoke and any successor which shall maintain
this Plan; and any predecessor which has maintained this Plan.
1.13 "Insurance Contract" means any contract issued by an Insurer underwriting a
Benefit.
1.14 "Insurer" means any insurance company that underwrites a Benefit under this
Plan Of, with respect to any self-funded benefits, the Employer.
2
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1.15 "Key Employee" means an Employee described in Code Section 416(i)(I) and the
Treasury regulations thereunder.
1.16 "Participant" means any Eligible Employee who elects to become a Participant
pursuant to Section 2.3 and has not for any reason become ineligible to participate further in the
Plan.
1.17 "Plan" means this instrument, including all amendments thereto.
1.18 "Plan Year" means the 12-monthperiod beginning July 1 and ending June 30. The
Plan Year shall be the coverage period for the Benefits provided for under this Plan. In the event
a Participant commences participation during a Plan Year, then the initial coverage period shall
be that portion of the Plan Year commencing on such Participant's date of entry and ending on
the last day of such Plan Year.
1.19 "Premium Expenses" or "Premiums" mean the Participant's cost for the self-
funded Benefits described in Section 4.1.
1.20 "Premium Reimbursement Account" means the account established for a
Participant pu~suant to this Plan to which part of his Cafeteria Plan Benefit Dollars may be
allocated and from which Premiums of the Participant shall be paid or reimbursed. Ifmore than
one type of insured or self-funded Benefit is elected, sub-accounts shall be established for each
type of insured or self· funded Benefit.
(
1.21 "Salary Redirection" means the contributions made by the Employer on behalf of
Participants pursuant to Section 3.1. These contributions shall be converted to Cafeteria Plan
Benefit Dollars and allocated to the funds or accounts established under the Plan pursuant to the
Participants' elections made under Article V.
1.22 "Salary Redirection Agreement" means an agreement between the Participant and
the Employer under which the Participant agrees to reduce his Compensation or to forego all or
part of the increases in such Compensation and to have such amounts contributed by the
Employer to the Plan on the Participant's behalf. The Salary Redirection Agreement shall apply
only to Compensation that has not been actually or constructively received by the ,Participant as
of the date of the agreement (after taking this Plan and Code Section 125 into account) and,
subsequently does not become currently available to the Participant.
1.23 "Spouse" means "spouse" as defined in a Contract or the legally married husband
or wife of a Participant, unless legally separated by court decree.
3
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,)
ARTICLE II
PARTICIPATION
2~1
ELIGIBILITY
Any Eligible Employee shall be eligible to participate hereunder as of his date of
employment, if he is normally scheduled to work at least 40 hours per week.
2.2 EFFECTIVE DATE OF PARTICIPATION
An Eligible Employee shall become a Participant effective as of the first day of
the month coinciding with or next following the date on which he met the eligibility
requirements of Section 2.1 or he may choose the first day of the second month following the
date eligibility requirements were met.
2.3 APPLICATION TO PARTICIPATE
An Employee who is eligible to participate in this Plan shall, during the applicable
Election Period, complete an application to participate and election of benefits fann which the
Administrator shall furnish to the Employee. The election made on such fann shall be
irrevocable until the end of the applicable Plan Year unless the Participant is entitled to change
his Benefit elections pursuant to Section 5.4 hereof.
An Eligible Employee shall also be required to execute a Salary Redirection
.f
\ Agreement during the Election Period for the Plan Year during which he wishes to participate in
this Plan. Any such Salary Redirection Agreement shall be effective for the first pay period
beginning on or after the Employee's effective date of participation pursuant to Section 2.2.
Notwithstanding the foregoing, an Employee who is eligible to participate in this
Plan and who is covered by the Employer's insured or self-funded Benefits under this Plan shall
automatically become a Participant to the extent of the Premiums for such insurance unless the
Employee elects, during the Election Period, not to participate in the Plan.
2.4 TERMINATION OF PARTICIPATION
A Participant shall no longer participate in this Plan upon the occurrence of any of
the following events:
(a) His termination of employment, subject to·the provisions of
Section 2.6;
(b) The end of the Plan Year during which he became a limited
Participant because of a change in employment status pursuant to Section 2.5;
( c) His death, su~j ect to the provisions of Section 2.7; or
(d) The termination -of this Plan, subject to the provisions of Section
10.2.
4
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2.5 CHANGE OF EMPLOYMENT STATUS
If a Participant ceases to be eligible to participate because of a change in
employment status or classification (other than through termination of employment), the
Participant shall become a limited Participant in this Plan for the remainder of the Plan Year in
which such change of employment status occurs. As a limited Participant, no further Salary
Redirection may be made on behalf of the Participant, and, except as otherwise provided herein,
all further Benefit elections shall cease, subject to the limited Participant's right to continue
coverage under any Insurance Contracts. However, any balances in the limited Participant's
Dependent Care Assistance Account may be used during such Plan Year to reimburse the limited
Participant for any allowable Employment-Related Dependent Care incurred during the Plan
Year. Subject to the provisions of Section 2.6, if the limited Participant later becomes an Eligible
Employee, then the limited Participant may again become a full Participant in this Plan, provided
he otherwise satisfies the participation requirements set forth in this Article II as if he were a new
Employee and made an election in accordance with Section 5.1.
2.6 TERMINATION OF EMPLOYMENT
If a Participant's employment with the Employer is terminated for any reason
other than death, his participation in the Benefit Options provided under Section 4.1 shall be
governed in accordance with the following:
(
\.
(a) With regard to Insurance Benefits provided under Section 4.1, the
Participant's participation in the Plan shall cease, subject to the Participant's right
to continue coverage under any Insurance Contract for which premiums have
already been paid.
(b) With regard to the Dependent Care Assistance Program, the
Participant's participation in the Plan shall cease and no further Salary Redirection
contributions shall be made. However, such Participant may submit claims for
employment related Dependent Care Expense reimbursements for the remainder
of the Plan Year in which such termination occurs, based on the level of the
Participant's Dependent Care Assistance Account as of the date of termination.
(c) In the event a Participant terminates his participation in the Health
Care Reimbursement Plan during the Plan Year, if Salary Redirections are made
other than on a pro rata basis, upon termination the Participant shall be entitled to
a reimbursement for any Salary Redirection previously paid for coverage or
benefits relating to the period after the date of the Participant's separation from
service regardless of the Participant's claims or reimbursements as of such date.
(d) The health benefits under this Plan shall be applied and
administered consistent with such further rights a Participant and his Dependents
may be entitled to pursuant to Code Section 4980B and Section 11.13 of the Plan.
5
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2.7 DEATH
If a Participant dies, his particip,ation in the Plan shall cease. However, such
Participant's beneficiaries, or the representative of his estate, may submit claims for expenses or '.
benefits' for th~ remainder of the Plan Year or until the Cafeteria Plan Benefit Dollars allocated to
each specific benefit are exhausted. A Participant may designate a specific beneficiary for this
purpose. If no such beneficiary is specified, the Administrator may designate the Participant's
Spouse, one of his Dependents or a representative of his estate.
ARTICLE III
CONTRIBUTIONS TO THE PLAN
3.1 SALARY REDIRECTION
(
\
Benefits under the Plan shall be financed by Salary Redirections sufficient to
support Benefits that a Participant has elected hereunder and to pay the Participant's Premium
Expenses. The salary administration program of the Employer shall be revised to allow each
Participant to agree to reduce his pay during a Plan Year by an amount determined necessary to
purchase the elected Benefit Options. The amount of such Salary Redirection shall be specified
in the Salary Redirection Agreement and shall be applicable for a Plan Year. Notwithstanding
the above, for new Participants, the Salary Redirection Agreement shall only be applicable from
the first day of the pay period following the Employee's entry date up to and including the last
day of the Plan Year. These contributions shall be converted to Cafeteria Plan Benefit Dollars
and allocated to the funds or accounts established under the Plan pursuant to the Participants'
elections made under Article V.
Any Salary Redirection shall be determined prior to the beginning of a Plan Year
(subject to initial elections pursuant to Section 5.1) and prior to the end of the Election ~eriod
and shall be irrevocable for such Plan Year. However, a Participant may revoke a Benefit
election or a Salary Redirection Agreement after the Plan Year has commenced and make a new
election with respect to the remainder of the Plan Year, if both the revocation and the new
election are on account of and consistent with a change in status and such other permitted events
as determined under Article V of the Plan and consistent with the rules and regulations of the
Department of the Treasury. Salary Redirection amounts shall be cQntributed on a pro rata basis
for each pay period during the Plan Year. All individual Salary Redirection Agreements are
deemed to be part of this Plan arid incorporated by reference hereunder.
3.2 APPLICATION OF CONTRIBUTIONS
As soon as reasonably practical after each payroll period, the Employer shall
apply the Salary Redirection to provide the Benefits elected by the affected Participants. Any
contribution made or withheld for the Health Care Reimbursement Fund or Dependent Care
Assistance Account shall be credited to such fund or account. Amounts designated for the
Participant's Premium Expense Reimbursement Account shall likewise be credi~ed to such
account for the purpose of paying Premium Expenses.
6
1-4
3.3 PERIODIC CONTRIBUTIONS
( Notwithstanding the requirement provided above and in other Articles of this Plan
that Salary Redirections be contributed to the Plan by the Employer on behalf of an Employee on
a level and pro rata basis for each payroll period, the Employer and Administrator may
implement a procedure in which Salary Redirections are contributed throughout the Plan Year on
a periodic basis that is not pro rata for each payroll period. However, with regard to the Health
Care Reimbursement Plan, the payment schedule for the required contributions may not be based
on the rate or amount of reimbursements during the Plan Year. In the event Salary Redirections
are not made on a pro rata basis, upon termination of participation, a Participant may be entitled
to a refund of such Salary Redirections pursuant to Section 2.6.
ARTICLE IV
BENEFITS
4.1 BENEFIT OPTIONS
Each Participant may elect to have the amount of his Cafeteria Plan Benefit
Dollars applied to anyone or more of the following optional Benefits:
(1) Health Care Reimbursement Plan
(2) Dependent Care Assistance Program
/
\\,- In addition, each Participant shall have a sufficient portion of his Cafeteria Plan
Benefit Dollars applied to the following benefits unless the Participant elects not to receive such
benefits:
(3) Health Insurance Benefit
(4) Dental Insurance Benefit
4.2 HEAL TH CARE REIMBURSEMENT PLAN BENEFIT
Each Participant may elect coverage under the Health Care Reimbursement Plan
option, in which case Article VI shall apply.
4.3 DEPENDENT CARE ASSISTANCE PROGRAM BENEFIT
Each Participant may elect coverage under the Dependent Care Assistance
Program option, in which case Article VII shall apply.
4.4
HEALTH INSURANCE BENEFIT
/
¡
'''-
(a) Each Participant may elect to be covered under a health Contract
for the Participant, his or her spouse, and his or her Dependents.
(b) The Employer may select suitable health Contracts for use in
providing this health insurance benefit, which policies will provide uniform
benefits for all Participants electing this Benefit.
7
1-4
./
( c ) The rights and conditions with respect to the benefits payable from
such health Contract shall be determined therefrom, and such Contract shall be
incorporated herein by reference.
4.5
DENTAL INSURANCE BENEFIT
(a) Each Participant may elect to be covered under the Employer's
dental Insurance Contract. In addition, the Participant may elect either individual
or family coverage under such Insurance Contract.
(b) The Employer may select suitable dental Insurance Contracts for
use in providing this dental insurance benefit, which policies will provide uniform
benefits for all Participants electing this Benefit.
( c) The rights and conditions with respect to the benefits payable from
such dental Insurance Contract shall be determined therefrom, and such dental
Insurance Contract shall be incorporated herein by reference.
4.6 NONDISCRIMINATION REQUIREMENTS
(a) It is the intent of this Plan to provide benefits to a classification of
employees which the Secretary of the Treasury finds not to be discriminatory in
favor of the group in whose favor discrimination may not occur under Code
Section 125.
(b) It is the intent of this Plan not to provide qualified benefits as
defined under Code Section 125 to Key Employees in amounts that exceed 25%
of the aggregate of such Benefits provided for all Eligible Employees under the
Plan. For purposes of the preceding sentence, qualified benefits shall not include
benefits which (without regard to this paragraph) are includible in gross income.
(c) If the Administrator deems it necessary to avoid discrimination or
possible taxation to Key Employees or a group of employees in whose favor
discrimination may not occur in violation of Code Section 125, it may, but shall
not be required to, reduce contributions or non-taxable Benefits in order to assure
compliance with this Section. Any act taken by the Administrator under this
Section shall be carried out in a uniform and nondiscriminatòry manner. If the
Administrator decides to reduce contributions or non-taxable Benefits, it shall be
done in the following manner. First, the non-taxable Benefits of the affected
Participant (either an employee who is highly compensated or a Key Employee,
whichever is applicable) who has the highest amount of non-taxable Benefits for
the Plan Year shall have his non-taxable Benefits reduced until the discrimination
tests set forth in this Section are satisfied or until the amount of his non-taxable
Benefits equals the non-taxable Benefits of the affected Participant who has the
second highest amount of non-taxable Benefits. This process shall continue until
the nondiscrimination tests set forth in this Section are satisfied. With respect to
any affected Participant who has had Benefits reduced pursuant to this Section,
the reduction shall be made proportionately among Health Care Reimbursement
Plan Benefits and Dependent Care Assistance Program Benefits, and once all
8
these Benefits are expended, proportionately among insured Benefits.
Contributions which are not utilized to provide Benefits to any Participant by
virtue of any administrative act under this paragraph shall be forfeited and
deposited into the benefit plan surplus.
1-4
ARTICLE V
PARTICIPANT ELECTIONS
5.1 INITIAL ELECTIONS
An Employee who meets the eligibility requirements of Section 2.1 on the first
day of, or during, a Plan Year may elect to participate in this Plan for all or the remainder of such
Plan Year, provided he elects to do so before his effective date of participation pursuant to
Section 2.2. However, if such Employee does not complete an application to participate and
benefit election form and deliver it to the Administrator before such date, his Election Period
shall extend 30 calendar days after such date, or for such further period as the Administrator
shall determine and apply on a uniform and nondiscriminatory basis. IIowever, any election
during the extended 3D-day election period pursuant to this Section 5.1 shall not be effective
until the first pay period following the later of such Participant's effective date of participation
pursuant to Section 2.2 or the date of the receipt of the election form by the Administrator, and
shall be limited to the Benefit expenses incurred for the balance of the Plan Year for which the
election is made.
/
{
Notwithstanding the foregoing, an Employee who is eligible to participate in this
Plan and who is covered by the Employer's insured or self-funded benefits under this Plan shall
automatically become a Participant to the extent of the Premiums for such insurance unless the
Employee elects, during the Election Period, not to participate in the Plan.
5.2 SUBSEQUENT ANNUAL ELECTIONS
During the Election Period prior to each subsequent Plan Year, each Participant
shall be given the opportunity to elect, on an election of benefits form to be provided by the
Administrator, which spending account Benefit options he wishes to select and purchase with his
Cafeteria Plan Benefit Dollars. Any such election shall be effective for any Benefit expenses
incUlTed during the Plan Year which follows the end of the Election Period. With regard to
subsequent annual elections, the following options shall apply:
(a) A Participant or Employee who failed to initially elect to
participate may elect different or new Benefits under the Plan during the Election
Period;
(b) A Participant may terminate his participation in the Plan by
notifying the Administrator in writing during the Election Period that he does not
want to participate in the Plan for the next Plan Year;
1.
\,
( c ) An Employee who elects not to participate for the Plan Year
following the Election Period will have to wait until the next Election Period
before again electing to participate in the Plan, except as provided for in Section
5.4.
9
1-4
5.3
FAIL URE TO ELECT
(' Any Participant who fails to complete a new benefit election form pursuant to
Section 5.2 by the end of the applicable Election Period shall be treated in the following manner:
(a) With regard to Benefits available under the Plan for which no
Premium Expenses apply, such Participant shall be deemed to have elected not to
participate in the Plan for the upcoming Plan Year. No further Salary Redirections
shall therefore be authorized or made for the subsequent Plan Year for such
Benefits.
5.4 CHANGE OF ELECTIONS
(a) Any Participant may change a Benefit election after the Plan Year
(to which such election relates) has commenced and make new elections with
respect to the remainder of such Plan Yeat if, under the facts and circumstances, the
changes are necessitated by and are consistent with a change in status which is
acceptable under rules and regulations adopted by the Department of the Treasury,
the provisions of which are incorporated by reference. Notwithstanding anything
herein to the contrary, if the rules and regulations conflict, then such rules and
regulations shall controL
In general, a change in election is not consistent if the change in status is the
Participant's divorce, annulment or legal separation from a spouse, the death of a
spouse or dependent, or a dependent ceasing to satisfy the' eligibility requirements
for coverage, and the Participant's election under the Plan is to cancel accident or
health insurance coverage for any individual other than the one involved in such
event. In addition, if the Participant, spouse or dependent gains or loses eligibility
for coverage, then a Participant's election under the Plan to cease or decrease
coverage for that in9ividual under the Plan cOlTesponds with that change in ~tatus
only if coverage for that individual becomes applicable or is increased under the
family member pl~.
.~",
Regardless of the consistency requirement, if the individual, the individual's
spòuse, or dependent becomes eligible for continuation coverage under the
Employer's group health plan as provided in Code Section 4980B or any similar
state law, then the individual may elect to increase payments lU1der this Plan in
order to pay for the continuation coverage. However, this does not apply for
COBRA eligibility due to divorce, annulment or legal separation. '
Any new election shall be effective at such time as the Administrator shall
prescribe, but not earlier than the first pay period begimring after the election fonn
is completed anq returned to the Administrator. For the purposes of this subsection,
a change in status shall only include the following events or other events permitted
by Treasury regulations:
(1) Legal Marital Status: e~ents that change a Participant's legal
marital status, including marriage, divorce, death of a spouse, legal
separation or annulment;
10
1-4
( "
(2) Number of Dependents: Events that change a Participant's number
of dependents, including birth, adoption, placement for adoption, or death of
a dependent;
(3) Employment Status: Any of the following events that change the
employment status of the Participant, spouse, or dependent: termination or
commencement of employment, a strike or lockout, commencement or
return from an unpaid leave of absence, or a change in worksite. In addition,
if the eligibility conditions of this Plan or other employee benefit plan of the
Employer of the Participant, spouse, or dependent depend on the
employment status of that individual and there is a change in that
individual's employment status with the consequence that the individual
becomes (or ceases to be) eligible under the plan, then that change
constitutes a change in employment under this subsection;
(4) Dependent satisfies or ceases to satisfy the eligibility requirements:
An event that causes the Participant's dependent to satisfy or cease to satisfy
the requirements for coverage due to attainment of age, student status, or
any similar circumstance; and
(5) Residency: A change in the place of residence of the Participant,
spouse or dependent, that would lead to a change in status (such as a loss of
HMO coverage).
(
,
"
For the Dependent Care Assistance Program, a dependent becoming or
ceasing to be a "Qualifying Dependent" as defined under Code Section 21 (b) shall
also qualify as a change in status.
(b) Notwithstanding subsection (a), the Participants may change an
election for accident or health coverage during a Plan Year and make a new
~lectiori thàt"correspônds with the special enrollment rights provided in Code
Section 980I(f). Such change shall take place on a prospective basis, unless
otherwise required by Code Section 9801(f) to be retroactive.
(c) Notwithstanding subsection (a), in the event of a judgment, decree,
or order ("order") resulting from a divorce, legªl sep~éltiori, annulment, or change
in legal custody (including a qualified medical child support order defined in
ERISA Section 609) which requires accident or health coverage for a Participant's
child (including a foster child who is a dependent of the Participant):
(1) The Plan may change an election to provide coverage for the child if
the order requires coverage under the Participant's plan; or
(2) The Participant shall be permitted to change an election to cancel
coverage for the child if the order requires the former spouse to provide
coverage for such child, under that individual's plan and such coverage is
actually provided.
(d) Notwithstanding subsection (a), a Pa!Íicipant may change elections
to cancel accident or health coverage for the Participant or the Participant's spouse
11
1-4
·fthe Participant or the Participant's spouse or dependent is enrolled in
áccide r health coverage of the Employer and becomes entitled.to coverage
(i. ., - or ed) under Part A or Part B of the Title XVIII of the Social Security Act
(Medicare) or Title XIX of the Social Security Act (Medicaid), other than coverage
consisting solely of benefits under Section 1928 of the Social Security Act (the
program for distribution of pediatric vaccines). If the Participant or the Participant's
spouse or dependent who has been entitled to Medicaid or Medicare coverage loses
eligibility, that individual may prospectively elect coverage under the Plan if a
benefit package option under the Plan provides similar coverage.
(e) If the cost of a Benefit provided under the Plan increases or
decreases during a Plan Year, then the Plan shall automatically increase or
decrease, as the case may be, the Salary Redirections of all affected Participants
for such Benefit. Alternatively, if the cost of a benefit package option increases
significantly, the Administrator shall permit the affected Participants to either
make corresponding changes in their payments or revoke their elections and, in
lieu thereof, receive on a prospective basis coverage under another benefit
package option with similar coverage, or drop coverage prospectively if there is
no benefit package option with similar coverage.
A cost increase or decrease refers to an increase or decrease in the amount
of elective contributions under the Plan, whether resulting from an action taken by
the Participants or an action taken by the Employer.
(
If the coverage under a Benefit is significantly curtailed or ceases during a
Plan Year, affected Participants may revoke their elections of such Benefit and, in
lieu thereof, elect to receive on a prospective basis coverage under another plan
with similar coverage, or drop coverage prospectively if no similar coverage is
offered.
If, during the period of coverage, a new benefit package option or other
coverage option is added, an existing benefit package option is significantly
improved, or an existing benefit package option or other coverage option is
eliminated, then the affected Participants may elect the newly-added option, or
elect another option if an option has been eliminated prospectively and make
corresponding election changes with respect to other benefit package options
providing similar coverage. In addition, those Eligible Employees who are not
participating in the Plan may opt to become Participants and elect the new or
newly improved benefit package option.
A Participant may make a prospective election change to add group health
coverage for the Participant, the Participant's spouse or dependent if such
individual loses group health coverage sponsored by a governmental or
educational institution, including a state children's health insurance program
under the Social Security Act, the Indian Health Service or'a health program
offered by an Indian tribal government, a state health benefits risk pool, or a
foreign government group health plan.
A Participant may make a prospective election change that is on account
of and corresponds with a change made under the plan of a spouse's, former
12
1-4
/
(
spouse's or dependent's employer if (1) the cafeteria plan or other benefits plan of
the spouse's, former spouse's or dependent's employer permits its participants to
make a change; or (2) the cafeteria plan permits participants to make an election
for a period of coverage that is different from the period of coverage under the
cafeteria plan of a spouse's, former spouse's or dependent's employer.
A Participant may make a prospective election change that is on account
of and corresponds with a change by the Participant in the dependent care
provider. The availability of dependent care services from a new childcare
provider is similar to a new benefit package option becoming available. A cost
change is allowable in the Dependent Care Assistance Program only if the cost
change is imposed by a dependent care provider who is not related to the
Participant, as defined in Code Section 152(a)(1) through (8).
A Participant shall not be permitted to change an election to the Health
Care Reimbursement Plan as a result of a cost or coverage change under any
health insurance benefits.
ARTICLE VI
!-lEAL TH CARE REIMBURSEMENT PLAN
6.1 ESTABLISHMENT OF PLAN
( This Health Care Reimbursement Plan is intended to qualify as a medical
", reimbursement plan under Code Section 1 05 and shall be interpreted in a manner consistent with
such Code Section and the Treasury regulations thereunder. Participants who elect to participate
in this Health Care Reimbursement Plan may submit claims for the reimbursement of Medical
Expenses. All amounts reimbursed under this Health Care Reimbursement Plan shall be
periodically paid from amounts allocated to the Health Care Reimbursement Fund. Periodic
payments reimbursing Participants from the Health Care Reimbursement Fund shall in no event
occur less frequently than monthly.
- 6.2 DEFINITIONS
F or the purposes of this Article and the Cafeteria Plan, the terms below have the
following meaning:
(a) "Health Care Reimbursement Fund" means the fund established for
Participants pursuant to this Plan to which part of their Cafeteria Plan Benefit
Dollars may be allocated and from which all allowable Medical Expenses may be
reimbursed.
(b) "Health Care Reimbursement Plan" means the plan of benefits
contained in this Article, which provides for the reimbursement of eligible
Medical Expenses incurred by a Participant or his Dependents.
(c) "Highly Compensated Participant" means, for the purposes of this
Article and determining discrimination under Code Section 105(h), a participant
who is:
13
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(1) one of the 5 highest paid officers;
(2) a shareholder who owns (or is considered to own applying the
rules of Code Section 318) more than 10 percent in value of the stock of
the Employer; or
(3) among the highest paid 2S·percent of all Employees (other than
exclusions permitted by Code Section 10S(h)(3)(B) for those individuals
who are not Participants).
(d) "Medical Expenses" means any expense for medical care within
the meaning of the term "medical care" as defined in Code Section 213(d) and as
allowed under Code Section 105 and the rulings and Treasury regulations
thereunder, and not otherwise used by the Participant as a deduction in
determining his tax liability under the Code.
A Participant may not be reimbursed for the cost of other health coverage
such as premiums paid under plans maintained by the employer of the
Participant's spouse or individual policies maintained by the Participant or his
spouse or Dependent.
A Participant may not be reimbursed for "qualified long-term care
services" as defined in Code Section 7702B(c).
/
(
'"
(e) The definitions of Article I are hereby incorporated by reference to
the extent necessary to interpret and apply the provisions of this Health Care
Reimbursement Plan.
6.3
FORFEITURES
The amount in the Health Care Reimbursement Fund as of the end of any Plan
Year (and after the processing of all claims for such Plan Year pursuant to Section 6.7 hereof)
shall be forfeite~ and credited to the benefit plan surplus. In such event, the Participant shall have
no further claim to such amount for any reason, subject to Section 8.2.
6.4 LIMITATION ON ALLOCATIONS
Notwithstanding any provision contained in this Health Care Reimbursement Plan
to the contrary, no more than $5000 may be allocated to the Health Care Reimbursement Fund
by a Participant in or on account of any Plan Year.
6.5 NONDISCRIMINATION REQUIREMENTS
(a) It is the intent of this Health Care Reimbursement Plan not to
discriminate in violation of the Code and the Treasury regulations thereunder.
(b) If the Administrator deems it necessary to avoid discrimination
under this Health Care Reimbursement Plan, it may, but shall not be required to,
reject any elections or reduce contributions or Benefits in order to assure
compliance with this Section. Any act taken by the Administrator under this
14
/
6.6
1-4
Section shall be carried out in a uniform and nondiscriminatory manner. If the
Administrator decides to reject any elections or reduce contributions or Benefits,
it shall be done in the following manner. First, the Benefits designated for the
Health Care Reimbursement Fund by the member of the group in whose favor
discrimination may not occur pursuant to Code Section 105 that elected to
contribute the highest amount to the fund for the Plan Year shall be reduced until
the nondiscrimination tests set forth in this Section or the Code are satisfied, or
until the amount designated for the fund equals the amount designated for the
fund by the next member of the group in whose favor discrimination may not
occur pursuant to Code Section 105 who has elected the second highest
contribution to the Health Care Reimbursement Fund for the Plan Year. This
process shall continue until the nondiscrimination tests set forth in this Section or
the Code are satisfied. Contributions which are not utilized to provide Benefits to
any Participant by virtue of any administrative act under this paragraph shall be
forfeited and credited to the benefit plan surplus.
COORDINATION WITH CAFETERIA PLAN
All Participants under the Cafeteria Plan are eligible to receive Benefits under this
Health Care Reimbursement Plan. The enrollment under the Cafeteria Plan shall constitute
enrollment under this Health Care Reimbursement Plan. In addition, other matters concerning
contributions, elections and the like shall be governed by the general provisions of the Cafeteria
Plan.
(.
1
6.7
HEALTH CARE REIMBURSEMENT PLAN CLAIMS
(a) All Medical Expenses incurred by a Participant shall be
reimbursed dl1ring the Plan Year subject to Section 2.6, even though the
submission of such a claim occurs after his participation hereunder ceases; but
provided that the Medical Expenses were incurred during the applicable Plan
Year. Medical Expenses are treated as having been incurred when the Participant
is provided with the medical care that gives rise to the medical expenses, not
when the Participant is formally billed or charged for, or pays for the medical
care.
(b) The Administrator shall direct the reimbursement to each eligible
Participant for all allowable Medical Expenses, up to a maximum of the amount
designated by the Participant for the Health Care Reimbursement Fund for the
Plan Year. Reimbursements shall be made available to the Participant throughout
the year without regard to the level of Cafeteria Plan Benefit Dollars which have
been allocated to the fund at any given point in time. Furthermore, a Participant
shall be entitled to reimbursements only for amounts in excess of any payments or
other reimbursements under any health care plan covering the Participant and/or
his Spouse or Dependents.
(c) Claims for the reimbursement of Medical Expenses incurred in any
Plan Year shall be paid as soon after a claim has been filed as is administratively
practicable; provided however, that if a Participant fails to submit a claim within
the 90 day period immediately following the end of the Plan Year, those Medical
Expense claims shall not be considered for reimbursement by the Administrator.
15
1-4
(d) Reimbursement payments under this Plan shall be made directly to
the Participant. The application for payment or reimbursement shall be made to
the Administrator on an acceptable form within a reasonable time of incurring the
debt or paying for the service. The application shall include a written statement
from an independent third party stating that the Medical Expense has been
incun-ed and the amount of such expense. Furthermore, the Participant shall
provide a written statement that the Medical Expense has not been reimbursed or
is not reimbursable under any other health plan coverage and, if reimbursed from
the Health Care Reimbursement Fund, such amount will not be claimed as a tax
deduction. The Administrator shall retain a file of all such applications.
ARTICLE VII
DEPENDENT CARE ASSISTANCE PROGRAM
7.1 ESTABLISHMENT OF PROGRAM
This Dependent Care Assistance Program is intended to qualify as a program
under Code Section 129 and shall be interpreted in a manner consistent with such Code Section.
Participants who elect to participate in this program may submit claims for the reimbursement of
Employment-Related Dependent Care Expenses. All amounts reimbursed under this Dependent
Care Assistance Program shall be paid from amounts allocated to the Participant's Dependent
Care Assistance Account.
\"
7.2
DEFINITIONS
F or the purposes of this Article and the Cafeteria Plan the terms below shall have
the following meaning:
(a) "Dependent Care Assistance Account" means the account
established for a Participant pursuant to this Article to which part of his Cafeteria
Plan Benefit Dollars may be allocated and from which Employment-Related
Dependent Care Expenses of the Participant may be reimbursed.
(b) "Dependent Care Assistance Program" means the program of
benefits contained in this Article, which provides for the reimbursement of
eligible expenses for the care of the Qualifying Dependents of Participants.
(c) "Earned Income" means earned income as defined under Code
Section 32( c )(2), but excluding such amounts paid or incurred by the Employer
for dependent care assistance to the Participant.
(d) "Employment-Related Dependent Care Expenses" means the
amounts paid for expenses of a Participant for those services which if paid by the
Participant would be considered employment related expenses under Code
Section 21 (b)(2). Generally, they shall include expenses for household services
and for the care of a Qualifying Dependent, to the extent that such expenses are
incurred to enable the Participant to be gainfully employed for any period for
which there are one or more Qualifying Dependents with respect to such
Participant. Employment-Related Dependent Care Expenses are treated as having
16
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been incurred when the Participant's Qualifying Dependents are provided with the
dependent care that gives rise to the Employment-Related Dependent Care
Expenses, not when the Participant is formally billed or charged for, or pays for
the dependent "care. The determination of whether an amount qualifies as an
Employment-Related Dependent Care Expense shall be made subject to the
following rules:
(1) If such amounts are paid for expenses incurred outside the
Participant's household, they shall constitute Employment-Related
Dependent Care Expenses only if incurred for a Qualifying Dependent as
defined in Section 7.2(e)(1) (or deemed to be, as described in Section
7.2(e)(1) pursuant to Section 7.2(e)(3», or for a Qualifying Dependent as
defined in Section 7 .2( e )(2) (or deemed to be, as described in Section
7.2(e)(2) pursuant to Section 7.2(e)(3» who regularly spends at least 8
hours per day in the Participant's household;
(2) If the expense is incurred outside the Participant's home at a
facility that provides care for a fee, payment, or grant for more than 6
individuals who do not regularly reside at the facility, the facility must
comply with all applicable state and local laws and regulations, including
licensing requirements, if any; and
/
(
(3) Employment-Related Dependent Care Expenses of a Participant
shall not include amounts paid or incurred to a child of such Participant
who is under the age of 19 or to an individual who is a dependent of such
Participant or such Participant's Spouse.
(e) "Qualifying Dependent" means, for Dependent Care Assistance
Program purposes,
(1) a Participant's Dependent (as defined in Code Section 152(a)(I»
who has not attained age 13;
(2) a Dependent or the Spouse of a Participant who is physically or
mentally incapable of caring for himself or herself and has the same
principal place of abode as the Participant for more than one-half of such
taxable year; or
(3) a child that is deemed to be a Qualifying Dependent described in
paragraph (1) or (2) above, whichever is appropriate, pursuant to Code'
Section 21(e)(5).
(f) The definitions of Article I are hereby incorporated by reference to
the extent necessary to interpret and apply the provisions of this Dependent Care
Assistance Program. .
\
'-.
17
1-4
7.3 DEPENDENT CARE ASSISTANCE ACCOUNTS
( The Administrator shall establish a Dependent Care Assistance Account for each
Participant who elects to apply Cafeteria Plan Benefit Dollars to Dependent Care Assistance
Program benefits.
7.4 INCREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS
A Participant's Dependent Care Àssistance Account shall be increased each pay
period by the portion- of Cafeteria Plan Benefit Dollars that he has elected to apply toward his
Dependent Care Assistance Account pursuant to elections made under Article V hereof
7.5 DECREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS
A Participant's Dependent Care Assistance Account shall be reduced by the
amount of any Employment-Related Dependent Care Expense reimbursements paid or incurred
on behalf of a Participant pursuant to Section 7.12 hereof.
7 .6 ALLOWABLE DEPENDENT CARE ASSISTANCE REIMBURSEMENT
Subject to limitations contained in Section 7.9 of this Program, and to the extent
of the amount contained in the Participant's Dependent Care Assistance Account, a Participant
who incurs Employment-Related Dependent Care Expenses shall be entitled to receive from the
Employer full reimbursement for the entire amount of such expenses incurred during the Plan
( Year or portion thereof during which he is a Participant.
"
7.7 ANNUAL STATEMENT OF BENEFITS
On or before January 31st of each calendar year, tbe Employer shall furnish to
each Employee who was a Participant and received benefits under Section 7.6 during the prior
èalendar year, a statement of all such benefits paid to or on behalf of such Participant during the
prior calendar year.
·7.8 FORFEITURES
The amount in a Participant's Dependent Care Assistance Account as of the end of
any Plan Year (and after the processing of all claims for such Plan Year pursuant to Section 7.12
hereof) shall be forfeited and credited to the benefit plan surplus. In such event, the Participant
shall have no further claim to such amount for any reason.
7.9 LIMITATION ON PAYMENTS
Notwithstanding any provision contained in this Article to the contrary, amounts
paid from a Participant's Dependent Care Assistance Account in or on account of any taxable
year of the Participant shall not exceed the lesser of the Earned Income limitation described in
Code Section 129(b) or $5,000 ($2,500 if a separate tax return is filed by a Participant who is
married as determined under the rules of paragraphs (3) and (4) of Code Section 21 (e)).
18
1-4
7.10 NONDISCRIMINATION REQUIREMENTS
(a) It is the intent of this Dependent Care Assistance Program that
contributions or benefits not discriminate in favor of the group of employees in
whose favor discrimination may not occur under Code Section 129(d).
(b) It is the intent of this Dependent Care Assistance Program that not
more than 25 percent of the amounts paid by the Employer for dependent care
assistance during the Plan Year will be provided for the class of individuals who
are shareholders or owners (or their Spouses or Dependents), each of whom (on
any day of the Plan Year) owns more than 5 percent of the stock or of the capital
or p~ofits interest in the Employer.
(
( c) If the Administrator deems it necessary to avoid discrimination or
possible taxation to a group of employees in whose favor discrimination may not
occur in violation of Code Section 129 it may, but shall not be required to, r~ject
any elections or reduce contributions or non-taxable benefits in order to assure
compliance with this Section. Any act taken by the Administrator under this
Section shall be carried out in a uniform and nondiscriminatory manner. If the
Administrator decides to r~ject any elections or reduce contributions or Benefits,
it shall be done in the following manner. First, the Benefits designated for the
Dependent Care Assistance Account by the affected Participant that elected to
contribute the highest amount to such account for the Plan Year shall be reduced
until the nondiscrimination tests set forth in this Section are satisfied, or until the
amount designated for the account equals the amount designated for the account
of the affected Participant who has elected the second highest contribution to the
Dependent Care Assistance Account for the Plan Year. This pròcess shall
continue until the nondiscrimination tests set forth in this Section are satisfied.
Contributions which are not utilized to provide Benefits to any Participant by
virtue of any administrative act under this paragraph shall be forfeited.
7.11
COORDINA TION WITH CAFETERIA PLAN
All Participants under the Cafeteria Plan are eligible to receive Benefits under this
Dependent Care Assistance Program. The enrollment and termination of participation under the
Cafeteria Plan shall constitute enrollment and termjnation of participation under this Dependent
Care Assistance Program. In addition, other matters concerning contributions, elections and the
like shall be governed by the general provisions of the Cafeteria Plan.
19
1-4
7.12 DEPENDENT CARE ASSISTANCE PROGRAM CLAIMS
The Administrator shall direct the payment of all such Dependent Care Assistance
claims to the Participant upon the presentation to the Administrator of documentation of such
expenses in a form satisfactory to the Administrator. In its discretion in administering the Plan,
the Administrator may utilize forms and require documentation of costs as may be necessary to
verify the claims submitted. At a minimum, the form shall include a statement from an
independent third party as proof that the expense has been incurred and the amount of such
expense. In addition, the Administrator may require that each Participant who desires to receive
reimbursement under this Program for Employment-Related Dependent Care Expenses submit a
statement which may contain some or all of the following information:
(a) The Dependent or Dependents for whom the services were
performed;
(b) The nature of the services performed for the Participant, the cost of
which he wishes reimbursement;
(c) The relationship, if any, of the person performing the services to
the Participant;
(d) If the services are being performed by a child of the Participant,
the age of the child;
(
\,
(e)
A statement as to where the services were performed;
(f) If any of the services were performed outside the home, a
statement as to whether the Dependent for whom such services were performed
spends at least 8 hours a day in the Participant's household;
(g)
statement:
lfthe services were being performed in a day care center, a
(1) that the day care center complies with all applicable laws and
regulations of the state of residence,
(2) that the day care center provides care for more than 6 individuals
(other than individuals residing at the center), and
(3) of the amount of fee paid to the provider.
(h) If the Participant is married, a statement containing the following:
(1) the Spouse's salary or wages ifhe or she is employed, or
(2) if the Participant's Spouse is not employed, that
(i) he or she is incapacitated, or
20
(
8.1
(
\.,
~
1-4
(ii) he or she is a full-time student attending an educational
institution and the months during the year which he or she attended
such institution.
(i) If a Participant fails to submit a claim within the 90 day period
immediately following the end of the Plan Year, those claims shall not be
considered for reimbursement by the A~ministrator.
ARTICLE VIII
BENEFITS AND RIGHTS
CLAIM FOR BENEFITS
(a) Any claim for Benefits underwritten by C~~tracts shall be made to
the Employer. If the 'Employer denies any claim, the Participant or beneficiary
shall follow the Employer's claims review procedure. Any other claim for
Benefits shall be made to the Administrator. If the Administrator denies a claim,
the Administrator may provide notice to the Participant or beneficiary, in writing,
within 90 days after the claim is filed unless special circumstances require an
extension of time for processing the claim. If the Administrator does not notify
the Participant of the denial of the claim within the 90 day period specified above,
then the claim shall be deemed denied. The notice of a denial of a claim shall be
written in a manner calculated to be understood by the claimant and shall set
forth:
(1) specific references to the pertinent Plan provisions on which the
denial is based;
(2) a description of any additional material or information necessary
for the claimant to perfect the claim and an explanation as to why such
information is necessary; and
(3) an explanation of the Plan's claim procedure.
(b) Within 60 days after receipt~fthe above material, the claimant
shall have a reasonable opportunity to appeal the claim denial to the
Administrator for a full and fair review. The claimant or his duly authorized
representative may:
(1) . request a review upon written notice to the Administrator;
(2) review pertinent documents; and
(3) submit issues and comments in writing.
( c) A decision on the review by the Administrator will be made not
later than 60 days after receipt of a request for review, unless special
circumstances require an extension of time for processing (such as the need to
hold a hèaring), in which event a decision should be rendered as soon as possible,
but in no event later than 120 days after such receipt. The decision of the
21
1-4
(
Administrator shall be written and shall include specific reasons for the decision,
written in a manner calculated to be understood by the claimant, with specific
references to the pertinent Plan provisions on which the decision is based.
(d) Any balance remaining in the Participant's Dependent Care
Assistance Program or Health Care Reimbursement Plan as of the end of each
Plan Year shall be forfeited and deposited in the benefit plan surplus of the
Employer pursuant to Section 6.3 or Section 7.8, whichever is applicable, unless
the Participant had made a claim for such Plan Year, in writing, which has been
denied or is pending; in which event the amount of the claim shall be held in his
account until the claim appeal procedures set forth above have been satisfied or
the claim is paid. If any such claim is denied on appeal, the amount held beyond
the end of the Plan Year shall be forfeited and credited to the benefit plan surplus.
8.2 APPLICATION OF BENEFIT PLAN SURPLUS
(
"
Any forfeited amounts credited to the benefit plan surplus by virtue of the failure
of a Participant to incur a qualified expense or seek reimbursement in a timely manner may, but
need not be, separately accounted for after the close of the Plan Year (or after such further time
specified herein for the filing of claims) in which such forfeitures arose. In no event shall such
amounts be carried over to reimburse a Participant for expenses incurred during a subsequent
Plan Year for the same or any other Benefit available under the Plan; nor shall amounts forfeited
by a particular Participant be made available to such Participant in any other form or manner,
except as permitted by Treasury regulations. Amounts in the benefit plan surplus shall first be
used to deftay any administrative costs and experience losses and thereafter be retained by the
Employer.
ARTICLE IX
ADMINISTRA TION
9.1 PLAN ADMINISTRATION
The operation of the Plan shall be under the supervision of the Administrator. It
shall be a principal duty of the Administrator to see that the Plan is carried out in accordance
with its terms, and for the exclusive benefit of Employees entitled to participate in the Plan. The
A<f1!1inistrator shall have full power to administer the Plan in all of its details, subject, however,
,to the pertinent provisions of the Code. The Administrator's powers shall include, but shall not be
limited to the following authority, in addition to all other powers provided by this Plan:
(a) To make and enforce such rules and regulations as the"
Administrator deems necessary or proper for the efficient administration of the
Plan;
(b) To interpret the Plan, the Administrator's interpretations thereof in
good faith to be final and conclusive on all persons claiming benefits by operation
of the Plan;
(c) To decide all questions concerning the Plan and the eligibility of
any person to participate in the Plan and to receive benefits provided by operation
of the Plan;
22
1-4
(d) To reject elections or to limit contributions or Benefits for certain
highly compensated participants if it deems such to be desirable in order to avoid
discrimination under the Plan in violation of applicable provisions of the Code;
(e) To provide Employees with a reasonable notification of their
benefits available by operation of the Plan;
(f) To approve reimbursement requests and to authorize the payment
of benefits; and
(g) To appoint such agents, counsel, accountants, consultants, and
actuaries as may be required to assist in administering the Plan.
Any procedure, discretionary act, interpretation or construction taken by the
Administrator shall be done in a nondiscriminatory manner based upon uniform principles
consistently applied and shall be consistent with the intent that the Plan shall continue to comply
with the terms of Code Section 125 and the Tr~asury regulations thereunder.
9.2 EXAMINATION OF RECORDS
The Administrator shall make available to each Participant, Eligible Employee
and any other Employee of the Employer such records as pertain to their interest under the Plan
for examination at reasonable times during normal business hours.
(
9.3
PAYMENT OF EXPENSES
. Any reasonable administrative expenses shall be paid by the Employer unless the
Employer determines that administrative costs shall be borne by the Participants under the Plan
~r by any Trust Fund which may be established hereunder. The Administrator may impose
reasonable conditions for payments, provided that such conditions shall not discriminate in favor
of highly compensated eJ;nployees.
9.4 INSURANCE CONTROL CLAUSE
In the event of a conflict between the terms of this Plan and the terms of an
Insurance Contract of an independent third party Insurer whose product is then being used in
conjunction with this Plan, the terms of the Insurance Contract shall control as to those
Participants receiving coverage under such Insurance Contract. For this purpose, the Insurance
Contract shall control in defining the persons eligible for insurance, the dates of their eligibility,
the conditions which must be satisfied to become insured, if any, the benefits Participants are
entitled to and the circumstances under which insurance terminates.
23
1-4
9.5
INDEMNIFICATION OF ADMINISTRATOR
The Employer agrees to indemnify and to defend to the fullest extent permitted by
law any Employee serving as the Administrator or as a member of a committee designated as
Administrator (including any Employee or former Employee who previously served as
Administrator or as a member of such committee) against all liabilities, damages, costs and
expenses (including attorney's fees and amounts paid in settlement of any claims approved by the
Employer) occasioned by any act or omission to act in connection with the Plan, if such act or
omission is in good faith.
ARTICLE X
AMENDMENT OR TERMINATION OF PLAN
10.1 AMENDMENT
The Employer, at any time or from time to time, may amend any or all of the
provisions of the Plan without the consent of any Employee or Participant. No amendment shall
have the effect of modifying any benefit election of any Participant in effect at the time of such
amendment, unless such amendment is made to comply with Federal, state or local laws, statutes
or regulations.
1 0.2 TERMINATION
f
j
The Employer is establishing this Plan with the intent that it will be maintained
'for an indefinite period of time. Notwithstanding the foregoing, the Employer reserves the right
to terminate this Plan, in whole or in part, at any time. In the event the Plan is terminated, no
further contributions shall be made. Benefits under any Contract shall be paid in accordance with
the terms of the Contract.
No further additions shall be made to the Health Care Reimbursement Fund or
Dependent Care As~istance Account, but all payments from such fund shall continue to be made
according to the elections in effect until 90 days after the termination date of the Plan. Any
amounts remaining in any such fund or account as of the end of such period shall be forfeited
and deposited in the benefit plan surplus after the expiration of the filing period.
ARTICLE XI
MISCELLANEOUS
11.1 PLAN INTERPRETATION
All provisions of this Plan shall be interpreted and applied in a uniform,
nondiscriminatory malU1er. This Plan shall be read in its entirety and not severed except as
provided in Section 11.11.
¡ -
1
11.2 GENDER AND NUMBER
'-".
Wherever any words are used herein in the masculine, feminine or neuter gender,
they shall be construed as though they were also used in another gender in all cases where they
would so apply, and whenever any words are used herein in the singular or plural form, they
24
1-4
shall be construed as though they were also used in the other form in all cases where they would
so apply.
11.3 WRITTEN DOCUMENT
This Plan, in conjunction with any separate written document which may be
required by law, is intended to satisfy the written Plan requirement of Code Section 125 and any
Treasury regulations thereunder relating to cafeteria plans.
11.4 EXCLUSIVE BENEFIT
This Plan shall be maintained for the exclusive benefit of the Employees who
participate in the Plan.
11.5 PARTICIPANT'S RIGHTS
This Plan shall not be deemed to constitute an employment contract between the
Employer and any Participant or to be a consideration or an inducement for the employment of
any Participant or Employee. Nothing contained in this Plan shall be deemed to give any
Participant or Employee the right to be retained in the service of the Employer or to interfere
with the right of the Employer to discharge any Participant or Employee at any time regardless of
the effect which such discharge shall have upon him as a Participant of this Plan.
11.6 ACTION BY THE EMPLOYER
Whenever the Employer under the terms of the Plan is permitted or required to do
or perform any act or matter or thing, it shall be done and performed by a person duly authorized
by its legally constitute~ authority.
11.7 NO GUARANTEE OF TAX CONSEQUENCES
Neither the Administrator nor the Employer makes any commitment or guarantee
that any amounts paid to or for the benefit of a Participant under the Plan will be excludable from
the Participant's gross income for federal or state income tax purposes, or that any other federal
or state tax treatment will apply to or be available to any Participant. It shall be the obligation of
each Participant to determine whether each payment under the Plan is excludable from the
Participant's gross income for federal 'and state income tax purposes, and to notify the Employer
if the Participant has reason to believe that any such payment is not so excludable.
Notwithstanding the foregoing, the rights of Participants under this Plan shall be legally
enforceable.
25
1-4
11.8 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS
If any Participant receives one or more payments or reimbursements under the
Plan that are not for a permitted Benefit, such Participant shall indemnify and reimburse the
Employer for any liability it may incur for failure to withhold federal or state income tax or
Social Security tax from such payments or reimbursements. However, such indemnification and
reimbursement shall not exceed the amount of additional federal and state income tax (plus any
penalties) that the Participant would have owed if the payments. or reimbursements had been
made to the Participant as regular cash compensation, plus the Participant's share of any Social
Security tax that would have been paid on such compensation, less any such additional income
and Social Security tax actually paid by the Participant.
11.9 FUNDING
Unless otherwise required by law, contributions to the Plan need not be placed in
trust or dedicated to a specific Benefit, but may instead be considered general assets of the
Employer. Furthermore, and unless otherwise required by law, nothing herein shall be construed
to require the Employer or the Administrator to maintain any fund or segregate any amount for
the benefit of any Participant, and no Participant or other person shall have any claim against,
right to, or security or other interest in, any fund, account or asset of the Employer from which
any payment under the Plan may be made.
11.10 GOVERNING LAW
(
".
This Plan is governed by the Code and the Treasury regulations issued thereunder
(as they might be amended from time to time). In no event shall the Employer guarantee the
favorable tax treatment sought by this Plan. To the extent not preempted by Federal law, the
provisions of this Plan shall be construed, enforced and administered according to the laws of the
Commonwealth of Virginia.
11.11 SEVERABILITY
If any provision of the Plan is held invalid or unenforceable, its invalidity or
unenforceability shall not affect any other provisions of the Plan, and the Plan shall be construed
and enforced as if such provision had not been included herein.
11.12 CAPTIONS
The captions contained herein are inserted only as a matter of convenience and for
reference, and in no way define, limit, enlarge or describ~ the scope or intent of the Plan, nor in
any way shall affect the Plan or the construction of any provision thereof.
11.13 CONTINUATION OF COVERAGE
Notwithstanding anything in the Plan to the contrary, in the event any benefit
under this Plan suqject to the continuation coverage requirement of Code Section 4980B
becomes unavailable, each Participant will be entitled to continuation coverage as prescribed in
Code Section 4980B, and related regulations.
26
11.14 FAMILY AND MEDICAL LEAVE ACT
1-4
(
f Notwithstanding anything in the Plan to the contrary, in the event any benefit
under this Plan becomes subject to the requirements of the Family and Medical Leave Act and
regulations thereunder, this Plan shall be operated in accordance with Regulation 1.125-3.
11.15 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
Notwithstanding anything in this Plan to the contrary, this Plan shall be operated in
accordance with HIP AA and regulations thereunder.
11.16 UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT
Notwithstanding any provision of this Plan to the contrary, contributions, benefits
and service credit with respect to qualified military service shall be provided in accordance with
USERRA and the regulations thereunder.
11.17 COMPLIANCE WITH HIP AA PRIVACY STANDARDS
(a) If the Health Care Reimbursement Plan under this Cafeteria Plan is
subject to the Standards for Privacy of Individually Identifiable Health
Information (45 CFR Part 164, the "Privacy Standards"), then this Section shall
apply.
(
(b) The Plan shall not disclose Protected Health Information to any
member of the Employer's workforce unless each of the conditions set out in this
Section are met. "Protected Health Information" shall have the same definition as
set forth in the Privacy Standards but generally shall mean individually
identifiable information about the past, present or future physical or mental health
or condition of an individual, including information about treatment or payment
for treatment.
(c) Protected Health Information disclosed to members of the
Employer's workforce shall be used or disclosed by them only for purposes of
Plan administrative functions. The Plan's administrative functions shall include all
Plan payment functions and health care operations. The terms "payment" and
"health care operations" shall have the same definitions as set out in the Privacy
Standards, but the term "payment" generally shall mean activities taken to
determine or fulfill Plan responsibilities with respect to eligibility, coverage,
provision of benefits, or reimbursement for health care.
/
i
\
\"
( d) The Plan shall disclose Protected Health Information only to
members of the Employer's workforce who are authorized to receive such
Protected Health Information, and only to the extent and in the minimum amount
necessary for that person to perform his or her duties with respect to the Plan.
"Members of the Employer's workforce" shall refer to all employees and other
persons under the control of the Employer. The Employer shall keep an updated
list of those authorized to receive Protected Health Information.
27
(
(
1-4
(1) An authorized member of the Employer's workforce who receives
Protected Health Information shall use or disclose the Protected Health
Information only to the extent necessary to perform his or her duties with
respect to the Plan.
(2) In the event that any member of the Employer's workforce uses or
discloses Protected Health Information other than as permitted by this
Section and the Privacy Standards, the incident shall be reported to the
Plan's privacy officer. The privacy officer shall take appropriate action,
including:
(i) investigation of the incident to determine whether the
breach occurred inadvertently, through negligence or deliberately;
whether there is a pattern of breaches; and the degree of harm
caused by the breach;
(ii) appropriate sanctions against the persons causing the
breach which, depending upon the nature of the breach, may
include oral or written reprimand, additional training, or
termination of employment;
(iii) mitigation of any harm caused by the breach, to the
extent practicable; and
(iv) documentation of the incident and all actions taken to
resolve the issue and mitigate any damages.
(e)
The Employer must provide certification to the Plan that it agrees
to:
(1) Not use or further disclose the information other than as permitted
or required by the Plan documents or as required by law;
(2) Ensure that any agent or subcontractor, to whom it provides
Protected Health Information received from the Plan, agrees to the same
restrictions and conditions that apply to the Employer with respect to such
information;
(3) Not use or disclose Protected Health Information for employment-
related actions and decisions or in connection with any other benefit or
employee benefit plan of the Employer;
(4) Report to the Plan any use or disclosure of the Protected Health
Information of which it becomes aware that is inconsistent with the uses or
disclosures permitted by this Section, or required by law;
(5) Make available Protected Health Information to individual Plan
members in accordance with Section 164.524 of the Privacy Standards;
28
1-4
~\
(6) Make available Protected Health Information for amendment by
individual Plan members and incorporate any amendments to Protected
Health Information in accordance with Section 164.526 of the Privacy
Standards;
(7) Make available the Protected Health Information required to
provide an accounting of disclosures to individual Plan members in
accordance with Section 164.528 of the Privacy Standards;
(8) Make its internal practices, books and records relating to the use
and disclosure of Protected Health Information received from the Plan
available to the Department of Health and Human Services for purposes of
determining compliance by the Plan with the Privacy Standards;
(9) If feasible, return or destroy all Protected Health Information
received from the Plan that the Employer still maintains in any form, and
retain~o copies of such information when no longer needed for the
purpose for which disclosure was made, except that, if such return or
destruction is not feasible, limit further uses and disclosures to those
purposes that make the return or destruction pfthe information infeasible;
and
/
í
í
\
(10) Ensure the adequate separatio.n between the Plan and members of
the Employer's workforce, as required by Section 164.504(f)(2)(iii) of the
Privacy Standards and set out in (d) above.
11.18
COMPLIANCE WITH HIP AA ELECTRONIC SECURITY STANDARDS
Under the Security Standards for the Protection of Electronic Protected Health
Information (45 CFR Part 164.300 et. seq., the "Security Standards"):
(a) The Employer agrees to implement reasonable and appropriate
administrative, physical and technical safeguards to protect the confidentiality,
integrity and availability of Electronic Protected Health Information that the
Employer creates, maintains or transmits on behalf of the Plan. "Electronic
Protected Health Information" shall have the same definition as set out in the
Security Standards, but generally shall mean Protected Health Information that is
transmitted by or maintained in electronic media.
(b) The Employer shall ensure that any agent or subcontractor to
whom it provides Electronic Protected Health Information shall agree, in writing,
to implement reasonable and appropriate security measures to protect the
Electronic Protected Health Information.
(c) The Employer shall ensure that reasonable and appropriate security
measures are implemented to comply with the conditions and requirements set
forth in Section 11.17.
29
1-4
·IN WITNESS WHEREOF, this Plan document is hereby executed this
day of
(
(,
WITNESSES AS TO EMPLOYER
(
\
\,
\.
County of Roanoke .
By
EMPLOYER
30
ACTION NO.
ITEM NO.
I-In
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 11, 2005
AGENDA ITEM:
Designation of voting delegate to the Virginia Association of
Counties (V ACo) conference to be held November 13-15, 2005
SUBMITTED BY:
Diane S. Childers
Clerk to the Board
Elmer C. Hodge e ff
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Virginia Association of Counties (V ACo) annual conference will be held November 13-
15, 2005. They have requested that each county designate a representative of its Board of
Supervisors to cast its votes at the annual business meeting on Tuesday, November 15.
The voting credentials form must be submitted to V ACo by November 1, 2005. All
members of the Board of Supervisors are planning to attend the conference this year.
STAFF RECOMMENDATION:
It is recommended that the Board of Supervisors designate Chairman Altizer to serve as
Roanoke County's voting delegate and that the voting credentials form be forwarded to
V ACo. If Chairman Altizer is unable to attend the business meeting, the Board designates
Vice-Chairman Wray to serve as its alternate delegate.
t .~
i ( ~,~
GENERAL FUND UNAPPROPRIATED BALANCE
COUNTY OF ROANOKE, VIRGINIA
Unaudited Balance at June 30, 2005
Amou nt
$11 ,808,285
% of General
Fund Revenues
7.57%
Unallocated revenue 2005-2006
350,000
Balance at October 111 2005
12,158,285
7.790/0
Note: On December 21 , 2004. the Board of Supervisors adopted a policy to maintain the General
Fund Unappropriated Balance for 2005-06 at a range of 7.50/0-8.50/0 of General Fund Revenues
2005 - 2006 General Fund Revenues $156,0201489
7.50/0 of General Fund Revenues $11 ,7011537
8.50/0 of General Fund Revenues $13,261 ,742
Submitted By
Rebecca E. Owens
Director of Finance
Approved By
Elmer C. Hodge ¿!:f
County Administrator
H-Q
COUNTY OF ROANOKE, VIRGINIA
CAPIT AL RESERVES
Minor County Capital Reserve
(Projects not in the CIP, architectural/engineering services, and other one-time expenditures.)
Amount
Unaudited Balance at June 30, 2005 $5,268,848.06
7/26/2005 Appropriation for construction of new school warehouse (117,000.00)
8/23/2005 Appropriation for vehicle and equipment for Animal Control (85,540.00)
Officers approved in the Police Department
9/27/2005 Appropriation for renovations to Roanoke County Courthouse (123,000.00)
Balance at October 11 , 2005 $4,943,308.06
$5,000,000 of this reserve is planned for radio purchases in the CIP
Major County Capital Reserve
(Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.)
Unaudited Balance at June 30, 2005 $1,416,838.00
7/1/2005 Capital Improvement Program funding for 2005-06 (Library) (1 ,416,838.00)
Balance at October 11 , 2005 $0.00
Submitted By
Rebecca E. Owens
Director of Finance
Approved By
Elmer C. Hodge é fI
County Administrator
(Y1- .~
RESERVE FOR BOARD CONTINGENCY
COUNTY OF ROANOKE, VIRGINIA
Amou nt
From 2005-2006 Original Budget $100,000.00
August9,2005 Appropriation for Legislative Liaison ($15.000.00)
September 131 2005 Appropriation for donation to American Red Cross ($10,000.00)
for assistance with Hurrican Katrina
Balance at October 11, 2005 $75,000.00
Submitted By Rebecca E. Owens
Director of Finance
Approved By Elmer C. Hodge êll
County Administrator
M-4
FUTURE CAPITAL PROJECTS
COUNTY OF ROANOKE, VIRGINIA
Unaudited Balance at June 30, 2005
FY 2005-2006 Original budget appropriation
Less increase in debt service
Add Economic Development Dropoff
FY 2005-2006 Annual Capital Contribution
County
Schools
Balance at October 11 J 2005
2,000,000
(3,424,615)
524,000
300,000
300,000
$ 6,242,387
(900,615)
600,000
$ 5,941,772
Submitted By Rebecca E. Owens
Director of Finance
Approved By Elmer C. Hodge ¿-II
County Administrator
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DECLARING SEPTEMBER 25, 2005,
AS RUDY RUETTIGER DAY IN THE COUNTY OF ROANOKE
WHEREAS, Daniel "Rudy" Ruettiger was born in Joliet, Illinois, in 1948, the third of
fourteen children, and the son of an oil refinery worker; and
WHEREAS, Rudy's dream of pi.!1ying football at the University of Notre Came was born
after graduating from Joliet Catholic School, serving in the United States
Navy, and working in a power plant; and
WHEREAS, at the age of 23, Rudy was admitted to Holy Cross Junior College where he
studied hard, worked as a groundskeeper at Notre Came Rockne Stadium,
and continued to dream of playing football in that very stadium; and
WHEREAS, in 1974 after several rejections, Rudy was accepted to the University of
Notre Came; and at 5' 6" and 165 pounds, he risked life and limb as a
member of the practice team, running plays day after day against the Notre
Came varsity football team; and
WHEREAS, through unwavering detennination, Rudy won the respect of his
teammates, coaches, and the entire Notre Dame student body; and
WHEREAS, Rudy was sent onto the football field in the last game of his senior year
with only 27 seconds remaining on the game clock; and on November 8,
1975, in his only game and in the one and only play of his college career,
Rudy sacked the Georgia Tech quarterback; and
WHEREAS, Rudy remains the only player since that day to be carried off the Notre
Came football field on the shoulders of his teammates; and
WHEREAS, on September 25, 2005, in Roanoke, Virginia, Rudy, a highly sought after
motivational speaker, will share his formula for setting goals, dreaming big,
and realizing our dreams as individuals and members of our greater
community; and
WHEREAS, a dream of the Roanoke Valley community is the Cave Spring Project 50, a
sports facility project to be built for the use and enjoyment of the entire
valley; and
WHEREAS, through the efforts of a Southwest Virginia community with perseverance
and determination, a dream will be fulfilled and Project 50 will become a
reality, serving and enriching the Roanoke Valley sporting competition,
civic activities, and the lives of citizens.
NOW THEREFORE, I, Michael W. Altizer, Chairman of the Board of Supervisors of
Roanoke County, Virginia, do hereby proclaim and recognize September
25, 2005, as RUDY RUETTIGER CAY in the County of Roanoke.
!n~Ai: í4. Ûú;
Michael . Altizer, Ch~n
f1mo J. ~
C'iane S. Childers, Clerk
j\1 -
,
It
<llnu1tt~ nf ~na1tnk.e
1:ot~~~ntinq
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DECLARING SEPTEMBER 30, 2005, AS
DEBBIE WilliAMS ARTHUR DAY
IN THE COUNTY OF ROANOKE
WHEREAS, teachers play an impolitant roJe in helping young people succeed; great
teachers inspire and challenge their students and deserve to be
honored for thei,.excellence in education; and
WHEREAS, 3.800 schools throughout the United States and Puerto Rico have each
received $1,000 educational grants through the 2005 Wal-Mart Teacher
of the Year program honoring the "best of the best"; and
WHEREAS, Wal-Mart, one of the largest corporate supporters of teachers and
education, is entering its tenth year of recognizing outstanding
teachers nationwide and will provide $4.3 million in 2005 to schools
through the program; and
WHEREAS, 51 state winners, including Puerto Rico, selected by the Phi Delta
Kappa International Educatjon Association, will be honored and receive
a $10,000 education grant from Wal-Mart; and
WHEREAS. the 51 state winners will automatically be considered for the National
Teacher of the Year award. which will be announced this fall; and
WHEREAS, the Roanoke County Board of Supervisors is proud of the educational
endeavors of all teachers and the leadership they show towards future
generations. and
WHEREAS. Debbie Williams Arthur, William Byrd High School, has been named the
Wal-Mart Teacher of the Year in the State of Virginia. -
~Jn~ð J ~ · (JJck~
Diane S. Childers, Clerk
NOW, THEREFORE, WE. Michael W. Altizer, Chairman of the Board of Supervisors of
Roanoke. Virginia, and Michael W. Stovall, Vice-Chair of the Roanoke
County School Board, do hereby proclaim September 30, 2005, as
DEBBIE WilliAMS ARTHUR DAY in the County of Roanoke and call
upon all citizens to congratulate Ms. Arthur for her outstanding
contributions to her students, school and community.
~~~,~
Roanoke Cou ty Board of Supervis rs
M chael W. Stovall, Vice--Chairman
oanoke County School Board
N-G,
OI.ount\! .of ~.oan.olte
t (\(:~~~ltiiUq
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DECLARING OCTOBER 2 - 8, 2005, AS
MENTAL IllNESS AWARENESS WEEK IN ROANOKE COUNTY
WHEREAS, mental health is essential to good health and every individual, family and
community must understand that mental health ;s a necessary part of overall
health care and suicide prevention must be increased by reducing the
stigma of seeking care; 'é\nd
WHEREAS, it is essential to eliminate disparities in mental health care by promoting
well..being for aU, regardless of race, ethnicity, language, place of residence
or age and ensure equity of access, delivery of services and improvement of
outcomes, through public and private partnership to ensure culturally
competent care to aU; and
WHEREAS. individuals and families must have the necessary information and the
opportunity to exercise choice over their care decisions, including
individualized plans of care, expanded supported employment, enhanced
rights protections, better criminal and juvenile justice diversion and re-entry
programs, improved access to housing, and an end to chronic
homelessness; and
WHEREAS, every individual must have the opportunity for early and appropriate mental
health screening, assessment and referral to treatment; and
WHEREAS, adults and children with mental illness must have ready access to evidence-
based best treatments, services and supports leading to recovery; and
WHEREAS, the mental health system must provide consumers, providers and the public
with quality, accessible and accountable information supporting improved
care.
NOW, THEREFORE, WE, Michael W. Altizer, Chairman, and Michael A. Wray, Vice
Chairman, of the Board of Supervisors of Roanoke County, Virginia do
hereby proclaim October 2 - 8, 2005, as MENTAL ILLNESS AWARENESS
WEEK throughout the County of Roanoke to increase public awareness of
severe mental illness to promote greater access to effective treatments for
those who suffer from the potentially disabling symptoms of these
disorders.
~$.~
Diane 5., Childers, Clerk
.J'-- .J .
Ih~Îf,.~
Michael W. Altizer, Chairman
\Yt~lQ. W
Michael A. Wray, Vice..ch~
rY\._IQ
arnuttt~ nf ~nattnkc
t(Jc~~~ntinq
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DECLARING OCTOBER 23 THROUGH OCTOBER 30, 2005, AS RED
RIBBON WEEK IN SUPPORT OF A DRUG-FREE COMMUNITY
WHEREAS, the Red Ribbon Campaign was initiated in 1985 by the Virginia
Federation of Communities for Drug-Free Youth; and
WHEREAS, the red ribbon was designated as the symbol of intolerance of
illegal drug use and a commitment to a drug-free life style; and
WHEREAS, a group of concerned citizens, parents, students, teachers, police
officers, business people, judges, drug treatment providers,
counselors, ministers, and other caring individuals have
established the Roanoke Area Youth Substance Abuse Coalition
(RA YSAC) to bring better coordination and development of
substance abuse prevention programs and resources; and
WHEREAS, RAYSAC and Blue Ridge Behavioral Healthcare have asked that the
Board of Supervisors recognize Red Ribbon Week in Roanoke
County and are promoting the Red Ribbon Campaign in the
Roanoke Valley through a variety of activities.
NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia,
do hereby proclaim October 23 through October 30, 2005, as RED
RIBBON WEEK in Roanoke County, Virginia, and encourage all of
our citizens to join in the observances and activities of this event.
fuJO J J. Ckit-bJiJ
~Diane S. Childers, Clerk
In~/ ?~, Úú;~
Michael W. Altizer, hairman
"'\î\'~. \ ~ ~J W& tfm
Michael A" Wray, Vice-Chai an
---2, ù-..S> c.. ~ ~ "-
Richard C. Flora
~otnt ~odamatíOl¡
DECLARING OCTOBER 2005
AS BUILDING CHARACTER MONTH
IN THE ROANOKE VALLEY
WHEREAS, the parents, citizens, and leaders of the Roanoke VaUey realize our next
generation can create a community with an ever-improving quality of living and
set an example for the region and the world as we head into a crucial time for
humankind; and
WHEREAS, the extraordinary nature and demands of these times will challenge members of
our community to be extraordinary citizens with strong moral character and a
clear understanding of what it means to be an involved and compassionate
human being; and
WHEREAS, our schools in the Roanoke Valley are working to instill these six character traits,
also cited by Virginia law, into the young persons of our community:
RESPONSIBilITY, RESPECT, CARING, TRUSTWORTHINESS, FAIRNESS,
and CITIZENSHIP; and
WHEREAS, these six traits of character are fundamental to aU human beings regardless of
culturaf, religious, or socio-economic differences; and
WHEREAS, it is the duty of all parents and families and also of aU responsible community
members to set good examples and to provide young persons with opportunities
of service and to develop high moral standards and create va~ue systems that will
seIVe them we1l in living their lives and reaching their full potential; and
WHEREAS, the Greater Roanoke Valley Character Coalition (Valley Character.org) is working
to improve life in our community by supporting the building of character and
supporting those working for improvement of our neighborhoods and to ease
suffering and injustice for our citizens.
NOW THEREFORE, WE, the undersigned, do hereby proclaim October 2005, as BUILDING
CHARACTER MONTH in the Roanoke Valley; and
FURTHER, we call upon parents, families, leaders, citizens, schools, youth organizations,
faith-based groups, businesses, community groups, government agencies, and
all others to model good practices; engage in discussions about people of
extraordinary character; acknowledge local individuals who exemplify such
character; encourage young persons to be active in seIVing their community
through volunteerism; and provide opportunities for young persons to cultivate
their character and t ir futures through education, public-selVice, and
community involvem .V2' Æ1 -.
, . - ... - J 1 . ¿ Aitl
<:::Aer . Austin, é~~ ~ MiC~~ ~Iti~er, Chair
Bot tourt County Board of Supervisors Roanoke County Board of Superv;so~s
'11{Q 011
l.:. ' . _I) 1l, ffi.-tll..vv
C. Nelson Harrris, Mayor
City of Roanoke
ACTION NO.
ITEM NO. 0- \
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 11 , 2005
AGENDA ITEM:
Work session to provide an update on Roanoke VaHey
Greenways:
(a) Update on Roanoke Valley Greenway Plan
(b) Update on Green Hill Park and Roanoke River Greenway
SUBMITTED BY:
Liz Belcher
Roanoke Valley Greenway Coordinator
Elmer C. Hodge ê)1
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Roanoke Valley Greenway Commission will present an update on the greenway
program and projects in Roanoke County. This fall the Greenway Commission will begin
updating the Roanoke Valley Conceptual Greenway Plan of 1995 and moving forward on
construction of several County greenway projects.
In addition Parks. Recreation and Tourism staff will update the Board on the status of the
Green Hill Park section of the Roanoke River Greenway and a potential requested change
in routing by the City of Salem on the planned section between Green Hill Park and the City
of Salem.
ACTION NO.
ITEM NO.
o-~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 11 , 2005
AGENDA ITEM:
Work session to review the Bikeway Plan for the Roanoke
Valley Area MPO
SUBMITTED BY:
Anthony Ford, P.E.
Transportation Engineering Manager
Elmer C. Hodge r,!.f
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The work session will be an opportunity for staff of the Roanoke Valley-Alleghany Regional
Commission (RV ARC) and Roanoke County to review the update to the 1997 Bikeway Plan
for the Roanoke Valley. The new plan, titled Bikeway Plan for the Roanoke Valley Area
MPO, was developed with input from other local governments and interested citizens.
The Bikeway Plan for the Roanoke Valley Area MPO represents a coordinated effort by the
Roanoke Valley Area MPO and local jurisdictions to facilitate development of a regional
transportation network that accommodates and encourages bicycling as an alternative
mode of travel and as a poputar form of recreation in the MPO study area.
The Bikeway Plan for the Roanoke Valley Area MPO provides a coordinated and strategic
approach to the development of a regional bicycling network that provides greater
connectivity between activity centers and cultural resources such as greenways, public
areas, downtown areas, commercial centers, employment concentrations, educational
institutions, transit facilities, scenic corridors, and other points of interest in the MPO study
area. The regional network outlined in this plan will also facilitate inter-jurisdictional
connectivity between localities.
1
o-~
The Bikeway Plan should also facilitate the long-range transportation planning process and
the allocation of limited funding for bicycle and pedestrian improvements. This plan should
be used in concert with local I regional, state, and national plans and/or policies including
the VDOT Policy for Integrating Bicycle and Pedestrian Accommodations and the
VTrans2025 Statewide Bicycle and Pedestrian Plant as well as continued public
involvement in the transportation planning process.
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ACTION NO.
ITEM NO.
O~3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY. VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
October 11, 2005
AGENDA ITEM:
Work session to discuss natural hazards mitigation plan for
Roanoke County
SUBMITTED BY:
George W. Simpson, III, P.E.
Assistant Director of Community Development
Elmer C. Hodge ~ /f~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The work session will consist of the presentation and discussion of the Roanoke Valley Pre-
Disaster Mitigation Plan, as prepared by the Roanoke Valley-Allegheny Regional
Commission (RV ARC). The Disaster Mitigation Act of 2000 requires that local governments
have an adopted Pre-Disaster Mitigation Plan in order to qualify for federal disaster
mitigation funds.
The goal of the plan is to identify ways to mitigate, by reduction or elimination. the risks to
life and property from natural hazards. Mitigation can reduce the enormous cost of
disasters to property owners and all levels of government and can protect community
facilities, reduce exposure to liability, and minimize community disruption. Examples of pre-
disaster mitigation include land use planning, adoption of building codes and floodplain
regulations, stormwater management, and acquisition or flood-proofing of flood prone
homes.
In 2003, the Roanoke Valley-Allegheny Regional Commission received funding from the
Virginia Department of Emergency Management to develop a regional Pre-Disaster
Mitigation Plan. The RVARC Mitigation Advisory Committee is comprised of representatives
from the Counties of Allegheny, Botetourt, Craig, and Roanoke; the cities of Roanoke and
Salem; and the towns of Buchanan. Clifton Forge, Fincastle, Iron Gate, Newcastle,
Troutvilte, and Vinton. The goal of the committee has been to study the area's risks from,
and vulnerabilities to, natural hazards, and to make recommendations on mitigating the
effects of such hazards on the Roanoke Valley-Allegheny region.
1
0-3
Attached for your use in the work session are the following documents:
1. Executive summary: outlines the history and necessity of the plan and defines the
hazards, the regional approach to mitigation, the process of hazard identification, risk
assessment and loss estimates, mitigation strategies, public involvement, and the plan
review, adoption and maintenance of the plan.
2. Roanoke County section of the mitigation plan: identifies current and past mitigation
measures and proposed mitigation goals and strategies for each identified hazard
(earthquakes, floods, hurricanes, landslides, tornadoes, wildfires, and winter storms). It
also includes projects that could be eligible for funding with Hazard Mitigation Grant
Program (HMGP) funding from the Federal Emergency Management Agency (FEMA).
2
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EXECUTIVE SUMMARY
The Disaster Mitigation Act of 2000 (DMA 2000), Section 322 (a-d) requires that local governments, as a
condition of receiving federal disaster mitigation funds for Presidential Disaster Declarations, have a
mitigation plan that describes the process for identifying hazards, risks and vulnerabilities, identifies and
prioritizes mitigation actions, encourage the development of local mitigation and provide technical
support for those efforts. The region has had eleven (11) Presidential Disaster Declarations since 1969.
FEMA defines Mitigation as any sustained action taken to reduce or eliminate long-tenn risk to life and
property from a hazard event. Mitigation) also knovm as prevention) encourages long-tenn reduction of
hazard vulnerability. The goal of mitigation is to save lives and reduce property damage. Mitigation can
accomplish this, and should be cost-effective and environmentally sound. This, in turn, can reduce the
enonnous cost of disasters to property owners and alI levels of government. In addition, mitigation can
protect critical community facilities, reduce exposure to liabîlity, and minimize community disruption.
Examples include land use planning, adoption of building codes, and elevation of homes, or acquisition
and relocation of homes away from floodplains.
It has been demonstrated time after time that hazard mitigation is most effective when based on an
inclusive, comprehensive, long-term plan that is developed before a disaster actually occurs. However, in
the past, many communities have undertaken mitigation actions \VÌth good intentions but \VÎth little
advance planning. In some of these cases, decisions have been made "on the flyH in the wake of a disaster.
In other cases, decisions may have been made in advance but \VÍthout careful consideration of all options)
effects, and/or contributing factors. The results have been mixed at best, leading to less than optimal use
of limited resources.
The purpose of this plan is to fulfill local Pre-Disaster Mitigation Plan requirements. The plan \VÎll
identify hazards; establish community goals and objectives and select mitigation activities that are
appropriate for the Roanoke Valley-Alleghany Region.
Planning Area
The Regional Pre-Disaster Mitigation Plan affects unincorporated areas, towns, cities and counties within
the Roanoke Valley-Alleghany Regional Commission service area, While the plan does not establish any
legal requirements for the localities, it does provide a framework for planning for natural hazards.
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The localìties addressed in this plan include: the counties of Alleghany, Botetourt, Craig and Roanoke;
the cities of Covington, Roanoke and Salem; and the towns of Buchanan) Clifton Forge, Fincastle, Iron
Gate, New Castle, Troutville and Vinton.
Hazards
The natural hazard most likely to affect the Roanoke Valley-Alleghany region is widespread flooding or
flash flooding, Watersheds in the Roanoke Valley Alleghany Regional Commission region are typical of
the Blue Ridge region in which smaller streams collect water which then flows through steep terrain,
picking up velocity, and into the valleys and flatlands along major rivers where development has
occurred.
In the Roanoke Valley wildfires are second only to flooding as the greatest recurring natural hazard. In
1999, Fort Lewis MOW1tain in the western part of Roanoke COWlty burned out of control for a week,
destroying land and endangering homes before it was brought under control.
The area is frequently subjected to winter storms, heavy thunderstorms, tropical storms, hurricane
remnants, landslides, karst and occasional tornado. Meteorological events have the potential to impact all
communities and structures in the Roanoke Valley Alleghany Regional Commission region.
The Regional Mitigation Plan
The purpose of this planning initiative is to develop a Plan that meets all State and Federal requirements.
The Plan will help localities maintain their eligibility for certain future Federal funding, especially the
Hazard Mitigation Grant Program. A FEMA-approved Mitigation Plan is also required to participate in
the Emergency Management Performance Grant Program and in projects under the Pre- Disaster
Mitigation Grant Program..
The plan outlines general actions designed to address and reduce the impact of a full range of natural
hazards facing region, including such natural hazards as floods, hurricanes, winter storms and wildfires. A
multi-jurisdictional planning approach was utilized. By having multiple jurisdictions work together on
common hazards/risks, the planning process eliminated the need for each local jurisdiction to devise its
own approach and prepare its own separate document. Further, this type of planning effort resulted in a
Roanoke Valley-Alleghany Regional Commission
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common plan fonnat and loss estimation technique that will help the State Department of Emergency
Management and FEMA understand the area's vulnerabilities when evaluating futme policies and
projects.
While a single, regional plan was be developed, please note that each local jurisdiction has its own
separate section as part of the overall plan.
Hazard Identification
The RV ARC worked with the Regional Pre-Disaster Mitigation Plan Committee to compile data on
natural hazards. fuformation was compiled on the occurrence of natural hazard events in the region.
Hazards that affect the area were identified based on historical and other available data. Each local
jmisdiction has been given an opportunity to review the hazard events data and make amendments as
appropriate.
Risk Assessment And Loss Estimates
RV ARC assessed potential impacts from each hazard uSIng available GIS layers and government
databases. Loss estimates perfonned only for flooding.. Other disasters are too variable and widespread to
detennine any useful loss estimates..
Mitigation Strategy Development
Based on the findings of the risk assessment, RV ARC, working with local governments, drafted an
overall mitigation strategy for the region and each individual locality. During this step, goals, objectives
and actions to reduce the damage fÌ"om each hazard were identified for the planning area.
Public Participation
Localities, state and federal agencies, and other local groups were ìnvited to serve on the Roanoke Valley-
Alleghany Regional Commission Pre-Disaster Mitigation Plan Committee. Local governments were
asked to appoint the staff and/or citizens that would be the most appropriate representative(s) to the
Committee and responded \VÍth a wide range of appointees: Mayors, Emergency Service Coordinators,
Engineers, Planners, City and Town Managers, and fire and rescue personneL Locality representatives
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attended the Committee meetings on a regular basis. Additional groups that the Committee felt would be
of assistance were also invited to participate. These included local Chambers of Commerce, the local
Chapter of the Red Cross, Virginia Department of Forestry, U.S. Forest Service, and the Council of
Community Services~ Committee meetings were held on an as needed basis at critical times in the
document's development and for review of the draft and final versions of the Plan. Committee meeting
agendas and attendance sheets are included in this appendix.
The public was invited to attend one or more of four open-house format workshops that were held to seek
input about hazards that have impacted the area. Participants were given the opportWlity to review maps,
historical hazard data, damage estimates, and infonnation about the Disaster Mitigation Act and the pre-
disaster planning requirements, Infonnation gathered at the workshops was used in developing strategies
to mitigate natural hazards in the region.
Workshops were held in the early evening, two from 5 to 7 p.m. and tvlo from 6 to 8 p.m., over a three-
week period. The workshops were advertised as display ads in tvlo daily and four weekly local
newspapers. The workshops, and the mitigation plan process itself: were covered by the local newspapers,
local radio news broadcasts and a local chamber of commerce newsletter. A Public Forum for review of
the final draft of the Plan was held August 29, 2005 at the Roanoke Higher Education Center. Workshop
announcements, sign-in sheets, news articles, brochures, and handout materials are included in Appendix
A.
Plan Review, Adoption and Maintenance
In accordance with Federal and State requirements, the governing bodies of each participating jurisdiction
must review and approve that portion of the overall plan that affects their jurisdiction. FEMA has
requested that each locality review the final version of the plan and adopt it by resolution. The plan will
then be sent to the Virginia Department of Emergency Management and FEMA for review and approval.
Following FEMA approval, the plan may then be officially adopted by each locality~ FEMA has
requested that the adoption process follow the steps taken to adopt a comprehensive plan. The plan should
be reviewed and approved by the local planning commission and then forwarded to the governing body
for adoption. No changes to the plan should be made following FEMA's approval of the document. If
changes are necessary, they should be noted in the resolution and addressed in the next plan update.
Roanoke VaHey-Alleghany Regional Commission
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The Plan Maintenance section of this document, Chapter 8, details the process that will ensure that the
Mitigation Plan remains an active and relevant docwnent. The process includes a schedule for monitoring
the Plan on an annual basis and producing the required plan revision every five years and describes how
the localities will integrate public participation throughout the plan maintenance process.
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ROANOKE COUNTY
Current and Past Mitigation Measures
Floodplain Management - Roanoke County has adopted a Floodplain Management Ordinance (1992) that
requires new residential buildings to be elevated to or above the base flood elevation. The County has a
floodplain overlay district) corresponding to areas identified on Flood Insurance Rate Maps (FIRM)
prepared by FEMA.
Roanoke River Corridor Conservation and Overlay District - Roanoke County has adopted a Roanoke
River Corridor Conservation and Overlay District. Although primarily designed to protect water quality,
it also helps reduce siltation, which in turn protects the channel that is carrying floodwaters. In this
overlay district, smaller sites (2,500 square feet in lieu of standard 10,000 square feet minimum) must
meet erosion and sediment controls standards.
Roanoke Valley Regional Stonnwater Management Plan - All four Roanoke Valley jurisdictions
participated in the development of the plan that was coordinated through the efforts of the Fifth Planning
District Commission. It offers alternative solutions for both flooding and flash flooding problems. These
altemati yes include clearing stream channels) enlarging drainage openings) constructíng regional
detention facilities, and flood proofing individual structures. The plan presents a total of 138 indi vidual
projects to address flooding in the 16 watersheds. These are ranked in order of priority within each
watershed but no overall ranking within the valley is presented. Cost estimates are presented for each
project, but neither individual project benefits, nor cumulati ve benefits are discussed. It would be
essential to analyze the benefits of these projects before the plan can be used as a guideline for specific
activities. The identified projects would cost a total of $66 million in 2001 dollars, not including land
acquísition or efforts to flood proof or move over 2,200 buildings. A fonnal quantification of the
corresponding benefits would go along way toward justifying this cost, which can initially seem
overwhelming to both citizens and community officials. For example, the 1997 plan reports that between
1972 and 1992, floods caused over $200 million in damages in the Valley, and resulted in 10 deaths, The
plan's Financing Options Report recolllll1ends creation of a regional stonnwater utility as a means of
funding the identified work.
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Stormwater Management - The County has a Stormwater Management Ordinance that is part of the
County Code. It was developed to bring the County into compliance with state laws on stormwater
management and erosion and sedimentation control. In addition to using the Virginia Erosion and
Sediment Control Handbook, Roanoke County publishes a separate Stonnwater Management Guidelines
document. This is an extensive 32-page manual with appendices. The dOCulnent specifies acceptable
methodologies, design events for a wide variety of facilitìes, and administrative requirements such as
submittal checklists. Appendices provide a wide variety of charts and tables to be used in applying the
approved methodologies.
National Flood Insurance Program - The County participates in, and is in good standing with, the
National Flood Insurance Program (NFIP) by enforcing floodplain management regulations that meet
federal requirements. This program allows property owners to purchase flood insurance from NFIP, There
are currently 336 NFIP policies in force in the County. The Roanoke County CRS rating is 9,
Dam Safety - There are four dams that could impact properties in Roanoke County: Privately o\vned
Loch Haven Lake Dam located on a tributary of Deer Branch Creek; Appalachian Electric Power owned
Niagara Dam located on the Roanoke River; privately owned Orchard Dam on a tributary of Glade Creek;
Carvin Cove Reservoir Dam, located on a tributary of the Carvin Creek and owned by the Western
Virginia Water Authority, and Spring Hol1ow Reservoir Dam located on a tributary of the Roanoke River
and o\vned by the Western Virginia Water Authority.
Erosion and Sediment Control - Roanoke County has adopted the regulationsj references, guidelines,
standards and specifications promulgated by the Virginia Soil and Water Conservation Board (and any
local handbook or publication of the board) for the effecti ve control of soil erosion and sediment
deposition to prevent the unreasonable degradation of properties, stream channels, waters and other
natural resources. Such regulations, references, guidelines, standards and specifications for erosion and
sediment control are included in, but not limited to, the Virginia Erosion and Sediment Control
Regulations and the Virginia Erosion and Sediment Control Handbook, as amended from Hme to time.
Roanoke County administers the Town of Vinton program under the handbook guidelines.
IFLOWS - The County participates in a flood wamìng system developed by the National Weather
Service called Integrated Flood Observing and Warning System (IFLOWS). Through the use of radio-
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transmitted information, this system provides advanced flood forecasting to the County Emergency
Operation Center. There are eleven (11) IFLOW stations located in the County.
Project Impact Roanoke Valley - Project Impact Roanoke Valley was a partnership of FEMA, Roanoke
County, the cities of Roanoke and Salem and the Town of Vínton to reduce destruction to life and
property during disasters through planning and mitigation. The Project Impact Roanoke Valley Steering
Committee and its work groups evaluated hazard mitigation needs from 1998 to 2001. The four work
groups were: Hazard Mitigation, Public Information and Conununity Education, Stormwater
Management and Partnership and Resource group. The Storrnwater Management group was responsible
for the preparation of over 1,500 floodplain elevation certificates in the participating localities. The Public
Information and Community Education and Partnership and Resource groups met with community
organizations, civic groups, businesses and the general public to promote hazard mitigation activities. The
Land Use group focused on the how local plans and ordinances relate to hazard mitigation and published
Hazard Mitigation through Land Use Planning in 2001. The Hazard Mitigation group addressed flooding,
wildfire, meteorological events, and hazardous materials incidents in its report Hazard Anal vsis.
Roanoke County Mitigation Goals and Strategies
In developing mitigation strategies for the region and each locality, a wide range of activities were
considered in order to achieve the goals and to lessen the vulnerability of the area to the impact of natural
hazards. All goals are dependant on the availability and timeliness of non-local funding.
Goals and Strategies were prioritized by each locality. Prioritization was completed in order of relative
priority - high, medium or low - based on the benefit to cost criteria and the strategy's potential to
mitigate the impact from natural hazards. Consideration was also given to availability of funding, the
department/agency responsible for implementation, and the ability of the locality to implement the
project. Under each identified pre-disaster) applicable local government departments win be the lead in
making sure that each project or action will be implemented in timely manner with other departments,
other Roanoke Valley governments representatives and/or other regional agencies.
The anticipated level of cost effectiveness of each measure was a primary consideration when developing
the list of proposed projects. Since the mitigation projects are an investment of public funds to reduce
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damages, localities have selected and prioritized projects based on the benefit to cost of each project in
hopes of obtaining the maximum benefit. Projects were categorized as high, medium or low benefit to
cost based on the available infonnation for each proposed project. Reduced damages over the lifespan of
the projects, the benefits, are likely to be greater than the project cost in all cases. Although detailed cost
and benefit analysis was not conducted during the mitigation action development process, these factors
were of primary concern when prioritizing and selecting the proposed projects.
Earthquake
GoaL Increase public awareness of the probability and potential impact of earthquakes.
Responsible Department(s): Engineering, Public Information, Emergency Services
Strategies:
1. Publish a special section In local newspaper with emergency information on earthquakes.
Localize the infonnation by printing the phone numbers of local emergency services offices, the
American Red Cross, and hospitals,
2. Develop "critical area" maps based on geo-technical infonnation to identify locations where
damage potential is high.
Flood
Goal: Mitigation of loss of life and property from flooding and flood related disasters.
ResDonsible Department(s): Engineering, Emergency Services
Strategies:
1. Support a comprehensive, regional public information and education program on flooding, living
in the floodplain, flood risks, low cost simple flood mitigation measures) flood insurance, stream
remediation, hydrology, floodplain ordinances, and NFIP. This can be accomplished through
regional workshops and educational materials for citizens, business, local staff, and elected
officials.
2. Develop and maintain an inventory of flood prone roadways in cooperation with local
governments and the Virginia Department of Transportation.
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3. Develop and maintain an inventory of flood prone critical regional facilities such as hospitals,
public utility sites, airports, etc.
4. Maintain an inventory of flood prone residential properties and repetitive loss properties.
5, Develop and maintain damage assessment information~
6. Continue the acquisition of elevation certificates for flood prone properties.
7. Continue the flood proofing/acquisition of flood prone properties.
8. Revise stonnwater management and floodplain management ordinances.
Goal: Update existing GIS data layers related to natural hazards.
Responsible Department(s): Engineering
Strategies:
1. Consider seeking funding and support programs that update FEMA's Flood Insurance Rate Maps
(FIRM). Continue participation in FEMA's Cooperating Technical Paltners (CTP) program that
establishes partners with local jurisdictions to develop and maintain up-to-date flood maps.
2. Utilize GIS to inventory at risk infrastructure and public and private structures within flood prone
areas.
3. Continue participate in FEMA's Digital Flood Insurance Rate Maps (DFIRM) program.
4. Support FIRM remapping projects that address areas in the region that have the most serious
mapping problems and where flooding is a repetitive problem.
Goal: Provide early warning of flooding.
Responsible Department(s): Engineering, Emergency Services
Strategies:
1. Identify areas with recurring flood problems and request additional IFLOW streamJrain gauges as
appropriate to ensure that these areas are adequately covered and monitored~
2. Consider a reverse 911 early warning system.
3. Consider on-site notification of flood prone properties,
Goal: Identification of structural projects that could mitigate the impact of flooding.
Responsible Department( s ): Engineering
Strategies:
1. Consider seeking funding to prepare site-specific hydrologic and hydraulic studies that look at
areas that have chronic and repetitive flooding problems,
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2~ Support Virginia Department of Transportation projects that call for improved ditching,
replacement of inadequate and undersized culverts, enlargements of bridge openings and drainage
piping needed to minimize flooding.
3. Update the Roanoke Valley Regional Stonnwater Master Plan.
4. Expand the number of watersheds studied in the master plan and develop watershed plans for
each.
Hurricane
Goal: Mitigate the impact of hurricanes in the Roanoke Valley-Alleghany Region.
Responsible Department( s): Emergency Services
S trategv:
1, Research and consider participating in the National Weather Service HStorm Ready;) program.
Landslide
Goal: Improved Hazard Mapping and Assessments for landslides.
Responsible Department( s ): Engineering
Strategies:
1. Delineating susceptible areas and different types of landslide hazards at a scale useful for
planning and decision-making, led by USGS and State geological surveys.
2. Work with state and Federal agencies to develop data that will assist in reducing and eliminating
impacts from landslides.
3. Develop steep slope ordinance/guidelines for development in steep slope/marginal soils areas.
Tornado
Goal: Mitigation of the impact of tornados.
ResDonsible DeDartment(s): Emergency Services
Strategy:
Roanoke Valley-Alleghany Regional Commission
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1. Conduct a series of public workshops about how to protect yourself during a tornado in case you
are at home, in a car, at the office, or outside.
Wildfire
Goal: Mitigation of the impacts of wildfire to life and property.
Responsible Department(s): Emergency Services
Strategies:
1. Encourage residents and developers to use FireWise building design, siting, and materials for
constructi on.
2. Conduct Community Wildfire Assessments in cooperation with VDOF staff using the Wildland
Urban Interface Fire Protection Program's Wood/and Community fVi/dfire Hazard Assessment
foan.
3, Identify buildings or locations vital to the emergency response effort and buildings or locations
that, if damaged, would create secondary disasters in forested areas.
4. Apply for funds to assist in the implementation of wildfire mitigation measures, including many
of those listed above, at the local level. National Fire Plan grant monies obtained by the
Department of Forestry in the Money for Mitigation sub-grant program to at-risk communities.
Winter Storms
Goal: Mitigate the effects of extreme weather by implementing programs that provide early warning and
preparati on.
Responsible Department(s): Emergency Services
Strategy:
1. Research and consider participating in the National Weather Service '(Storm Ready)J program.
2. Participate in special statewide outreach/awareness activities, such as Winter W eather Awareness
Week, Flood Awareness Week, etc.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, OCTOBER 11,2005
RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN
CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOL VEDt that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each members knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies, and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
....
ACTION NO.
ITEM NO. ~-I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER
MEETING DATE:
October 11 t 2005
AGENDA ITEM:
Resolution adopting a natural hazards mitigation plan for
Roanoke County in coordination with Roanoke Valley-
Alleghany Regional Commission communities
SUBMITTED BY:
George W. Simpson, III, P.E.
Assistant Director of Community Development
Elmer C. Hodge ~ f(~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Disaster Mitigation Act of 2000 requires that local governments, as a condition of
receiving federal disaster mitigation funds for Presidential Disaster Declarations, have
an adopted Pre-Disaster Mitigation Plan. This would include funds from the Hazard
Mitigation Grant Program (HMGP) that we have used in the past to acquire flood-prone
homes in Roanoke County. In 2003, the Roanoke Valley-Allegheny Regional
Commission (RVARC) received funding from the Virginia Department of Emergency
Management to develop a regional Pre-Disaster Mitigation Plan. The purpose is to
serve Roanoke County as a planning tool to look at natural disasters (flooding, wildfires,
winter storms, hurricanes, landslides/karst, tornadoes, and earthquakes) with respect to
hazard identification, risk assessment and loss estimates, mitigation strategies, and
public participation. The intent is to plan and prepare for natural disasters before they
occur. It has been emphasized by the Federal Emergency Management Agency
(FEMA) that pre-disaster dollars spent can be more effective than post-disaster dollars
in minimizing costs and damages from natural disasters.
FEMA defines "mitigation" as any sustajned action taken to reduce or eliminate long-
term risk to life and property from a hazard event. Mitigation, also known as prevention,
encourages reduction of hazard vulnerability. The goal of mitigation is to save lives and
I~- !
reduce property damage. Mitigation can accomplish this. and should be cost-effective
and environmentally sound. This, in turn, can reduce the enormous cost of disasters to
property owners and all levels of government. In addition, mitigation can protect critical
community facilities, reduce exposure to liability. and minimize community disruption.
Examples include land use planning, adoption of building codes and floodplain
regulations, stormwater management, and acquisition or flood-proofing of flood-prone
homes. We are currently looking at revisions to our stormwater management ordinance
and plan to consider other ways that can minimize or eliminate the detriments of natural
disasters, such as marginal soils and steep slope development.
In 2003, the RV ARC received funding from the Virginia Department of Emergency
Management to develop a regional Pre-Disaster Mitigation Plan. The RVARC Mitigation
Advisory Committee, which is comprised of representatives from the counties of
Allegheny, Botetourt, Craig, and Roanoke; the cities of Roanoke and Salem; and the
towns of Buchanan, Clifton Forge, Fincastle, Iron Gate, New Castle, Troutville, and
Vinton, was convened in early 2003 to study the area's risks from, and vulnerabilities to,
natural hazards, and to make recommendations on mitigating the effects of such
hazards on the Roanoke Valley-Allegheny Region. Contained in the report are hazard
specific information, vulnerability assessments, and regional and local mitigation goals
and strategies. Adoption of the plan does not obligate the County financially or legally
to accomplish any of the goals or projects contained in the plan. Please note that even
though this is a uregionalU plan, the goals, strategies and projects for Roanoke County
are unique for us and are outlined in the section designated specifically for Roanoke
County.
After adoption of this plan by the governing bodies, the plan will be submitted to the
Virginia Department of Emergency Management and FEMA for a final review and
comment. After that review, the plan will come back to the locality for submission to the
planning commission and governing body with the ultimate goal of having the plan
become an adopted part of the comprehensive plan. The Pre-Disaster Mitigation Plan
would then be maintained and revised on the same schedule as the Comprehensive
Plan.
FISCAL IMPACT:
No appropriation of funds is required.
STAFF RECOMMENDATION:
Staff recommends the approval of the attached resolution adopting the Roanoke Valley-
Alleghany Regional Pre-Disaster Mitigation Plan.
2
......
R-
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, OCTOBER 11,2005
RESOLUTION ADOPTING A NATURAL HAZARDS MITIGATION PLAN
FOR ROANOKE COUNTY IN COORDINATION WITH ROANOKE
VALLEY-ALLEGHANY REGIONAL COMMISSION COMMUNITIES
WHEREAS, the Disaster Mitigation Act of 2000, as amended, requires that local
governments deve[op and adopt natural hazard mitigation plans in order to receive
certain federal assistance, and
WHEREAS, a Mitigation Advisory Committee C'MACU) comprised of
representatives from the counties of Alleghany, Botetourt, Craig and Roanoke; the cities
of Covington, Roanoke and Salem; and the towns of Buchanan, Clifton Forge,
Fincastle, Iron Gate, New Castle, Troutville and Vinton was convened in order to study
the Roanoke Valley-Alleghany Regional Commission's risks from, and vulnerabilities to,
natural hazards, and to make recommendations on mitigating the effects of such
hazards on the Roanoke Valley-Alleghany Region; and
WHEREAS1 the efforts of the MAC members and the Roanoke Valley-Alleghany
Regional Commission, in consultation with members of the public, private and non-profit
sectors, have resulted in the development of a Hazard Mitigation Plan for the Roanoke
Valley-Alleghany Regional Commission including the County of Roanoke, Virginia.
NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, that the Hazard Mitigation Plan dated September 6, 2005 is hereby
approved and adopted for the County of Roanoke.