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HomeMy WebLinkAbout8/11/2009 - RegularRoanoke County Board of Supervisors Agenda August 11, 2009 Good afternoon and welcome to our meeting for August 11, 2009. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Our meetings are now closed-captioned, so it is important that anyone addressing the Board speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. We respectfully request all electronic devices be turned off or silenced. Thank you. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Senior Pastor Robert G. Moore Bonsack Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. SECOND READING OF ORDINANCES 1. Second reading and adoption of an Ordinance authorizing conveyance of a 20' water line easement to the Western Virginia Water Authority to be located within a public right-of-way known as Townsend Road, said right-of way having been dedicated to the Board of Supervisors, Hollins Magisterial District (Katherine Jones, Senior Assistant County Attorney) Page 1 of 3 D. APPOINTMENTS 1. Building Code Board of Adjustments and Appeals (at-large appointment) 2. Capital Improvement Program Review Committee (appointed by District) 3. Economic Development Authority (at-large appointment) 4. Parks, Recreation and Tourism Advisory Board (appointed by District) 5. Social Services Advisory Board (appointed by District) E. 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 AGENDAAND WILL BE CONSIDERED SEPARATELY. 1. Request to approve change order for the Merriman Road roundabout design in the amount of $55,931 F. REQUESTS FOR WORK SESSIONS G. REQUESTS FOR PUBLIC HEARINGS H. CITIZENS' COMMENTS AND COMMUNICATIONS I. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency J. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Joseph P. McNamara 2. Charlotte A. Moore 3. Joseph B. "Butch" Church 4. Richard C. Flora 5. Michael W. Altizer Page 2 of 3 K. CLOSED MEETING pursuant to the Code of Virginia as follows: 1. Section 2.2-3711.A.3. to discuss or consider the acquisition of real property for future public use where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the County L. WORK SESSION 1. Work session on the procedures for mowing Virginia Department of Transportation (VDOT) rights-of-way (B. Clayton Goodman, III, County Administrator) M. CERTIFICATION RESOLUTION N. ADJOURNMENT N_: There will be no 7:00 p.m. Evening Session at the next meeting on Tuesday, August 25, 2009, as there are no advertised public hearings. Page 3 of 3 ACTIN N0. ITEM NO. ~ - I AT A REGULAR MEETING OF THE BGARD GF SUPERVISORS GF R4AN~KE COUNTY, VIRGINIA HELD AT THE RGANOKE COUNTY ADMINISTRATION CENTER MEETING DA'f E: AGENDA ITEM; SUBMITTED BY: APPROVED BY: August 11, 2009 Second reading of an ordinance authorizing conveyance of a 20' water line easement to the Western Virginia Water Authority to be located within a public right-of-way known as Townsend Road, said right-of-way having been dedicated to the Board of Supervisors, Hollins Magisterial District Paul M. Mahoney County Attorney B. Clayton Goodman, III County Administrator CGUNTY ADMINISTRATOR'S CGMMENTS: SUMMARY GF INF~RMATI4N: This is the second reading of an ordinance that dedicates an easement to be located within the right-of-way of Townsend Road in order for the V1Jestern Virginia Water Authority ~WVWA} to provide the water service along this road in the Hollins Magisterial District. "this road was dedicated to Roanoke County in fee simple by a subdivision plat for Section 2 of Belle Haven dated September 4,1956 and recorded in Piat Book 3, page 23l in the Roanoke County Circuit Court Clerk's office. Aplat prepared bythe WVWAshowing the location of this easementdesignated "EXHIBIT PLAT FGR WESTERN VIRGINIA WATER AUTHORITY SHGWING A NEW 20' PUBLIC WATERLINE EASEMENT WITHIN THE R.G.W, GF TQWNSEND RGAD," dated 1114109 is attached as Exhibit A. This waterline extension will serve a house to be constructed by Charles R.Simpson Inc. at the end of Townsend Road. FISCAL IMPACT: No fiscal impact to Roanoke County is anticipated. Page 1 of 2 ALTERNATIVES: 1. Adopt the proposed ordinance authorizing the County Administrator to execute the necessary documents for conveyance of the water line easement to be located within the right-of-way known as Townsend Road as requested by Western Virginia Water Authority (WVWA). 2. Decline to adopt the proposed ordinance. STAFF RECOMMENDATION: County staff recommends thatthe Board of Supervisors adoptthe proposed ordinance as provided in Alternative 1. Page 2 of 2 ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 11, 2009 ORDINANCE AUTHORIZING CONVEYANCE OF A 20' WATER LINE EASEMENT TO THE WESTERN VIRGINIA WATER AUTHORITY TO BE LOCATED WITHIN A PUBLIC RIGHT-OF-WAY KNOWN AS TOWNSEND ROAD, SAID RIGHT-OF-WAY HAVING BEEN DEDICATED TO THE BOARD OF SUPERVISORS, HOLLINS MAGISTERIAL DISTRICT WHEREAS, the Western Virginia Water Authority (VWWA) requires an easementfor an underground waterline within the right-of-way known as Townsend Road to provide water service to the area, all as shown on the plat entitled "EXHIBIT PLAT FOR WESTERN VIRGINIA WATER AUTHORITY SHOWING A NEW 20' PUBLIC WATERLINE EASEMENT WITHIN THE R.O.W. OF TOWNSEND ROAD," (Exhibit A) dated 7/14/09; and WHEREAS, Townsend Road was dedicated in fee simple to Roanoke County by subdivision plat of Section 2 Belle Haven dated September 4, 1956 and recorded in Plat Book 3, page 237 in the Roanoke County Circuit Court Clerk's Office; and WHEREAS, the proposed right-of-way will serve the interests of the public and is necessary for the public health, safety, and welfare of the citizens of Roanoke County. THEREFORE, BE ITORDAINED bythe Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on July 28, 2009, and a second reading was held on August 11, 2009. Page 1 of 1 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to U~JVUUAforthe provision of water service. 3. That donation to U~JVWA of an easement for an underground waterline and related improvements, within the easementarea designated on the above-mentioned map, on the County's property known as Townsend Road to provide waterservice tothe area is hereby authorized and approved. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 2 ~ ^ X I I ~ 8460 TOWNSEND RD MICHAEL DILLON TOWNSEND 8436 BELLE HAVEN RD 026.12-04-05.00-0000 GARY W. WATSON 026.08-03-26.00-0000 PUBLIC WATERLINE EASEMENT 8427 TOWNSEND D BRUCE RULE EXISTING 026.12-01-30.00-0 00 15' PUE ... ... 0 TOWNSEND RD CHARLES R. SIMPSON, INC. 026.12-04-06.00-0000 LIMITS OF ~ TOWNSEND 8419 TO NSEND RD ROAD ROW I ~ ALLEN J RNELL 026.12-01 29.00-0000 0 p 0 . .~: ' J y 20' ; ,~. ~ rt z= '~I ~ W ~_ ~n L/ J X `W EXISTING 15' PUE ~ 0 TOWNSEND RD L.F. JOURNELL O 026.12-01-28.00-0000 ~, 6212 PETTIT AVE TIMOTHY JESSEE 026.12-06-26.00-0000 6218 PETTIT AVE HAROLD L. BARRETT 026.12-06-27.00-0000 VARUABLE WIDTH -Rl1BLIC NATER LINE 84 3 TOWNSE D RD ~_ EASEMENT ~ L.F JOURNELL 02 .12-01-27.00-0 00 PETTITAVE Rte 1g7~ 6211 PETTIT AVE CHARLES T. LANNIN 026.12-06-02.00-0000 LIMITS OF ROW PETTIT AVE 6217 PETTIT AVE P DAVID MANN TI T 026.12-06-01.00-0000 ~ V LEGEND: ® PUBLIC WATERLINE EASEMENT EXISTING PAVEMENT EXISTING GRAVEL ROADWAY R PROPERTY LINE ACTIN N~. ITEM NO. ~ 1-~ AT A REGULAR MEETING OF THE BOARD 4F SUPERVISGRS OF R~AN~KE COUNTY, VIRGINIA HELD AT THE R~AN~KE COUNTY ADMINISTRATION CENTER MEETING DA'~E: AGENDA 1TEM: SUBMITTED BY: APPROVED BY: August 1 ~, 2009 Appointments to Committees, Commissions, and Boards Becky R. Meador Clerk to the Board B. Clayton Goodman, III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATIGN: 1. Building Code Board of Adjustments and Appeals Fire code board of Appeals fat-large appointment 'fhe four-year term of David M. Shelton, ,,Ir. will expire on September 23, 2009. This is an alternate position. 2. Capital Improvement Program Review Committee appointed by District The following one-year term appointments will expire on August 3 ~! , 2009: a. Mike Jeffrey -Cave Spring Magisterial District b. Brian Hooker -Catawba Magisterial District c. Steven A. Campbell -Hollins Magisterial District d. Wes '~hornpson -Windsor Hills Magisterial District e. Charles S. Wertalik -Vinton Magisterial District 3. Economic Development Authority fat-large appointment `fhe following four-year term appointments will expire on September 26, 2009: a. Billy H. Branch -Cave Spring Magisterial District b. Stephen A, Musselwhite --Vinton Magisterial District Page 1 of 2 4. Parks, Recreation and Tourism Advisory Board (appointed by District) The three-year term of Deborah George, Hollins Magisterial District, expired on June 30, 2009. The Board has been notified that Ms. George is moving from the district. 5. Social Services Advisory Board (appointed by District) The four-year term of Natalie Norris, Cave Spring Magisterial District, will expire on July 31, 2009. Page 2 of 2 E AT A REGULAR MEE~fING OF THE BOARD 4F SUPERVISORS OF ROANOKE COUNTY, VIRG{NIA, HELD ATTHE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 11, 2009 RESOLUTIQN APPRQVING AND CONCURRING IN CERTAIN ITEMS SET FQRTH 4N THE BOARD OF SUPERVISORS AGENDA FQR THIS DATE DESIGNATED AS ITEM E -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors far August 11, 2009 designated as Item E-ConsentAgenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Item 1 inclusive, as follows: 1. Requesttoapprove change orderforthe Merriman Road roundabout design in the amount of $55,931 That the Clerk to the Board is hereby authorized and directed where required bylaw to setforth upon any of said itemsthe separate votetabulation fvranysuch item pursuant to this resolution. ACTIGN NG. ITEM NO. E" J AT A REGULAR MEETING GF THE BGARD GF SUPERVISGRS OF RGANGKE COUNTY, VIRGINIA HELD AT THE RGANGKE COUNTY ADMINIS~fRATIGN CENTER MEETING DATE: August 11, 2009 AGENDA ITEM: Request to approve change order far the Merriman Road roundabout design in the amount of $55,931 SUBMITTED BY: Diane D. Hyatt Assistant Co~inty Administrator APPRQVED BY: B. Clayton Goodman,111 .. County Administrator COUNTY ADMINISTRATOR'S CQMMENTS: SUMMARYOF INFORMATION: The County of Roanoke currently has a contract with AECGM formerly HSMM} to design the Merriman Road ro~~ndabout. The original contract, including inspection servicesduring construction, totaled $211,133. To date, we have had one change order for $2,128. The majority of the design work is completed. Now that we are including the Merriman roundabout as a revenue sharing project, there are several additional services that are required in order to meet the requirements of a project that involves state funding, The change order to include these additional services amounts to $55,931. ~~hetimetableforthe project involves constructing the project in the spring and summerof 2010 so that the road will be open before the library is complete. It is necessary for us to begin the additional engineering work immediately in order to meet this deadline. FISCAL IMPACT: Since this change order is in excess of 25°/° of the original contract, Board approval is required. Funds are available in the account for the Merriman Road roundabout, so an additional appropriation is not needed. once the project is approved as a Revenue Sharing Project, and the project numberis assigned, wewill be able tofile these expenses as part of the revenue sharing project. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends approving Change Order #2 in the amount of $55,931 with AECOM for the Merriman Road roundabout project. Page 2 of 2 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount of General Fund Revenue Unaudited balance at June 30, 2009 $ 11,493,808 9.65% Balance at August 11, 2009 9.31% ** $ 11,493,808 Note: 0n December 21, 2004, the Board of Supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 2008-09 a range of 9.0%-10.0°/° of General Fund Revenues 2008-2009 General Fund Revenues $181,259,899 9.0°/° of General Fund Revenues $16,313,391 10.0°/° of General Fund Revenues $18,125,990 ** 2009-10 a range of 9.5°/°-10.5% of General Fund Revenues 2009-10 General Fund Revenues $186,156,550 9.5% of General Fund Revenues $11,141,812 10.5% of General Fund Revenues $19,609,438 The unaudited Unappropriated Fund Balance of the County at June 30, 2009 was maintained at 9.65°/° which was within the range of our goal for 2008-09. The balance will be increased over time to the following ranges: 2010-2011 10.0%-11.0°/0 Submitted By Rebecca E. Owens Director of Finance Approved By B. Clayton Goodman III County Administrator ~~ CGUNTY OF RDANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the C1P, architectural/engrneerrng services, and other one-trine expenditures,) Amount Unaudited balance at June 30, 2009 $1,932,8?1.20 July 14, 2009 Appropriate funds to compensate the City of Roanoke for the fair vale ~195,204,00~ of the firing range and driving range Balance at August 11, 2009 $1,137,66?.20 Maior County Capital Reserve ~ ~i (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Unaudited balance at June 30, 2009 Submitted By Approved By Balance at August 11, 2009 Rebecca E. Owens Director of Finance B. Clayton Goodman III County Administrator $2,339,030.00 $2, 339, 030.00 ~~ RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2009-2010 original Budget $100,000.00 May 2fi, 2009 Appropriation of funds far the lease of property for the temporary ~15,fi00.00} location of the Mt. Pleasant Library June 9, 2009 Appropriation for Legislative Liaison X24,000.00} Balance at August 11, 2009 Submitted By Rebecca E. Owens Director of Finance $ 60,400.00 Approved By B. Clayton Goodman III-~~ County Administrator AC1~14N N4. ITEM NO. AT A REGULAR MEETING 4F THE BOARD 4F SUPERVISORS OF R4AN41tE COUNTY, VIRGINIA HELD AT THE R4AN4KE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: August 11, 2009 Work session on the procedures for mowing Virginia Department of Transportation (VDOT) rights-of-way B. Clayton Goodman, III County Administrator SUMMARY of INFORMATIoN: Board n~ernber Charlotte Moore asked that I list this topic for a work session discussion at the August 11t" meeting. She advised that she has been in contact with VDOT officials and is working through the VDOT process to gain permission to volunteer to perform mowing operations which have been significantly reduced by VDOT. She reports that theVD4T process itself is cumbersome and will cost a potential volunteer provider of mowing service a $4o application fee and time to attend mandatory training sessions. She also reports that some members of the business community have expressed an interest in providing funds for right-of-way mowing with some type of recognition for their effort placed in the right-of-way. Reportedly, the Economic Development Director was asked to investigate this possible funding source tomow VD4Trights-of-way about six to seven years ago. This request was initiated after someone observed that some municipalities have a program by which businesses can sponsor certain rights-of-way and receive recognition. Listed below is the information which Board member Moore received from VDOT regarding her efforts to gain permission to volunteer and mow certain rights-of-way. Ms. Moore wishes to discuss in detail the process and how it can be streamlined to assist in future efforts to secure additional volunteers to assist in n~aintair~ing the VDOT rights-of-way. Attached are the forms Board member Moore received from VDOT, outlining the process to obtain permission from VDOT to maintain existing landscaping and mow areas within the public rights-of-way, LUP-A -Permit Application. "rhe personlindividual applying for the permit can be listed as both the Owner and Agent. "fhe permit fee will be waived and no surety is necessary. Page 1 of 2 LUP-SP -Special Provisions of Permittee Liability. This form outlines requirements for such things as traffic control & safety, allowable hours of work, inspection, and utilities. LSPA B -PLANTING AGREEMENT B. A copy of his agreement goes on file at the Roadside Management office at the District indicating the location specified has been reviewed and approved by the District staff. If you proposed any changes or additional landscaping, a plan indicating the changes have to be submitted for review and approval. The LUP-WZ -Work Zone Certification form. The next training for this certification is tentatively scheduled for August 17th, 2009 here at the Salem Residency and is offered at no charge. Please let us know if you are interested in this and how many would attend so we can accommodate everyone. Board member Moore also wishes to discuss Section 33.1-12, Code of Virginia. This section of the Code allows VDOT to establish Administrative Code that establishes the process by which VDOT's Comprehensive Roadside Management Program is administered and enables private businesses, civic organizations, communities, individuals and local governments an opportunityto improvethe appearance and safetyofthe state maintained right-of-way or real property. She wants to discuss the program and see if the RC BoS would consider seeking amendments to the State Code and Administrative Code to make it easier for persons to volunteer to assist in maintaining the public rights-of-Way. Copies of the Code Section and Administrative Code are also attached. Page 2 of 2 Commonwealth of Virginia LUP-A Department of Transportation PERMIT u a~~ , ~~ ! ~~ LAND USE 6/2008 Application APPLICATION is hereby made for permit as shown on the accompanying plan or sketch and as described below. Said activity(s) will be done under and in accordance with the rules and regulations of the Commonwealth Transportation Board of Virginia, in so far as said rules are applicable thereto and any agreement between the parties herein before referred to. Where applicable agreements may be attached and made a part of the permit assembly including any cost responsibilities covering work under permit. Applicant agrees to maintain work in a manner as approved upon its completion. Applicant also hereby agrees and is bound and held responsible to the owner for any and all damages to any other installations already in place as a result of work covered by resulting pemlit. Applicants to whom permits are issued shall at all times indemnify and save harmless the Commonwealth Transportation Board members of the Board, the Commonwealth and all Commonwealth employees, agents, and offices, from responsibility, damage, or liability arising from the exercise of the privileges granted in such permit to the extent allowed by law. In consideration of the issuance of a permit the applicant agrees to waive for itself, successors in interest or assigns any entitlements it may otherwise have or have hereafter under the Uniform Relocation and Assistant Act of 1972 as amended in event the Department or its successor, chooses to exercise its acknowledged right to demand or cause the removal of any or all fixtures, personality of whatever kind or description that may hereafter be located, should this application be approved. TYPE OR PRINT CLEARLY Driver's license or Tax ID number: Contact Name: Owner Name: E-mail Address: Address: Phone Number: ( ) - City: State Zip Code Emergency Number: ( ) - FaxNumber: ( ) - Driver's license or Tax ID number: Contact Name: Agent Name: E-mail Address: Address: Phone Number:( ) - City: State Zip Code Emergency Number:( ) - FaxNumber: ( ) - Permit Term Requested Fees Enclosed S Check Number Coupon Number(s) Money Order Other Estimated cost of work to be performed on VDOT Right of Way $ Surety Information: Surety Company Name Amount of Surety $ Obligation Amount ~ The Surety posted by Owner ( ) or Agent ( ) Surety Refunds paid to Owner O or Agent ( ) Check # Bond # ILC # ** IF SURETY IS BY CHECK OR MONEY ORDER - ]Corporate Surety [ ]Resolution [ ]Ordinance [ ]Waived THEN SS# OR TAX ID# IS REQUIRED ** Applicant has provided proof of the following...requirements in accordance as defined in Code of Virginia section 2.2-1151.1. (1) The utility company has registered as an operator with the appropriate notification center. (2) Attached is a notarized affidavit, that the utility owner has notified the commercial and residential developer, owner of commercial or multifamily real estate, or local government entities with a property interest in any parcel of land located adjacent to the property over which the land use is being requested, that application for the permit has been made. Request Permission: To perform the following activity(s) Location: Tax Map Number Geographically in County /Town / City of Between Route St. Name And Route St. Name Applicant Job No. On Highway Route and /or Name Latitude Latitude Longitude_ Longitude [ ] IF APPLICABLE, I AGREE TO PAY THE FULL SALARY AND EXPENSES OF A STATE ASSIGNED INSPECTOR IN CONJUNCTION WITH THIS PROJECT, COVERED BY ACCOUNT RECEIVABLE NUMBER. Signature of applicant Title Date Signature of agent Title Date (IF BOTH APPLICANT & AGENT ARE NAMED ABOVE -THEN SIGNATURE-TITLE-DATE OF BOTH ARE REQUIRED) All applicable items on this form must be completed before your request can be considered. Recheck information furnished to avoid delay. Prepayment Required -make Remittance payable to Treasurer of Virginia. VDOT USE ONLY Receipt is hereby acknowledged of CHECK COUPON M.O. In The Amount of $ Permit Fee $ Cash Surety $ . VDOT Reference Number Signed VDOT. as per attached plans. a ~~~ , ~' i, I ~ Commonwealth of Virginia Department of Transportation LUP-SP Special Provisions LAND USE PERMIT Rev. July 2009 NOTICE OF PERMITTEE LIABILITY Permittee Agreement for Land Use Permit I the undersigned Permittee/Agent, acknowledge that I have read and I am fully cognizant of all of the following requirements for permit issuance. Permittee/Agent Name Permittee/Agent Signature Date Any of the following provisions, which can apply, shall apply: 1. Permittee acceptance and use of a Virginia Department of Transportation (VDOT) Land Use Permit is prima facie evidence that the Permittee has read and is fully cognizant of all required permit provisions, applicable traffic control plans and associated construction standards to be employed. ALL applicants to whom permits are issued shall at all times indemnify and save harmless the Commonwealth Transportation Board, members of the Board, the Commonwealth, and all Commonwealth employees, agents, and officers, from responsibility, damage, or liability arising from the exercise of the privileges granted in such permit to the extent allowed by law. 2. The Permittee agrees to secure and carry insurance against liability for personal injury and property damage that may arise from the work performed under permit and/or from the operation of permitted activity-up to one million dollars ($1,000,000) each occurrence to protect the Board members and the Department's agents or employees; seventy-five thousand dollars ($75,000) each occurrence to protect the Board, the Department, or the Commonwealth in event of suit. 3. The Permittee assumes full responsibility for any and all (downstream flooding, erosion, siltation, etc.) damages that may occur as a result of the work performed under this permit. Furthermore, the Department will in no way be responsible for any damage to the facility being placed as a result of future maintenance or construction activities performed by the Department. 4. The Permittee agrees to move, remove, alter, or change any installation that interferes with the ultimate construction of the highway in alignment or grade at NO cost to the Department unless otherwise stipulated and agreed to by the Department. 5. The Permittee shall immediately correct any situation that may arise as a result of these activities that the Residency Administrator or his/her representative deems hazardous to the traveling public. 6. Any and all highway signs, right-of way markers, etc., disturbed as a result of work performed under this permit shall be accurately reset by the Permittee immediately following the work in the vicinity of the disturbed facility. The services of a certified land surveyor with experience in route surveying may be required. 7. It shall be the permittee's responsibility to obtain ANY and ALL necessary permits that may be required by any other government agencies, i.e., U.S. Army Corp. of Engineers, Department of Environmental Quality, Soil Conservation Services, etc. 8. A copy of the VDOT Land Use Permit shall be kept at the work site at all times. 9. The permittee is required to notify the local VDOT Residency Office or Permit Office at least 48 hours in advance of commencing with ANY proposed work within state maintained right-of way. lo. The permittee is required to notify the local VDOT Residency Office or Permit Office, and the District Traffic Engineering Section when planned excavation is within 1,000 feet of a signalized intersection. Failure to carry out this requirement may result in the permit being revoked. 1 1. The permittee shall to notify "lYliss Utility" (or each operator of an underground utility where no notification center exists) of ANY planned excavation within state maintained right-of way. This notification must be provided at least 48 hours (excluding weekends and holidays) in advance of commencing with ANY planned excavation within state maintained right-of way. Failure to carry out this requirement may result in this permit being revoked. 12. If during or before construction it is deemed necessary for the local VDOT Residency Office or Permit Office to assign an inspector to the proj ect, the permittee shall pay the Department an additional inspection fee in an amount that will cover the salary, expense allowance, and mileage allowance for the inspection(s) assigned by the Department for handling work covered by this permit. Said inspection fee to be paid promptly each month on bills rendered by the Department. 13. The absence of a VDOT inspector does NOT in any way relieve the permittee of his/her responsibility to perform the work in accordance with the approved plans, provisions of the attached permit, VDOT's Road and Bridge Standards (current edition) and VDOT's Road and Bridge Specifications (current edition). No changes shall be made without approval of the Residency Administrator or his/her representative. 14. It is the duty of the Residency Administrator or his/her representative to keep all roads maintained in a safe and travelable condition at ALL times. Therefore, any permit may be denied, revoked or sus ended when in the opinion of the Residency Administrator or his/her representative, the safety, use or maintenance of the highway so requires. 15. The permittee shall at ALL times give strict attention to the safety and rights of the traveling public, their employees and themselves. VDOT reserves the right to stop work at anytime due to safety problems and/ornon-compliance with the terms of the permit. The Department may, at its discretion, complete any of the work covered in the permit or restore the right-of way to the Department's standards and bill the permittee for the actual cost of such work. The permittee may be required to move, alter, change or remove from state maintained right-of way, in a satisfactory manner, any installation made under this permit. 16. ALL work performed under the auspices of this permit shall be subject to VDOT's direction and in accordance with VDOT's Road and Bridge Standards (current edition) and VDOT's Road and Bridge Specifications (current edition) and shall be performed to the satisfaction of the Residency Administrator or his/her representative. 17. Design changes, specified material changes and/or field changes from the approved plans shall be submitted to the appropriate local VDOT Residency Office or Permit Office prior to proceeding with the work. A letter of explanation shall accompany the revised design plans and/or engineering calculations submitted for review and approval by the local Residency Office or Permit Office. 18. The permittee shall meet or exceed the existing pavement and sub-base typical section when constructing pavement widening adjacent to an existing state maintained roadway. The proposed typical section must be reviewed and approved by the Residency Administrator or his/her representative prior to commencing with any work within state maintained right-of way. ALL pavement widening shall be in accordance with VDOT Road and Bridge Standard 303.02. Traffic Control and Safety 19. Traffic shall NOT be blocked or re-routed (detoured) without written permission from the Residency Administrator or his/her representative. Where one-way traffic is necessary, the active work zone shall be properly flagged by a trained, certified flagperson. A certification card is required for any person flagging within state maintained right- ofway. 20. During construction, the permittee shall furnish ALL necessary signs, flagpersons and other protective devices (lights, barricades, etc.) for protection of traffic and workers in accordance with the Virginia Work Area Protection Manual or as directed by the Residency Administrator or his/her representative. All signs shall be in accordance with the current edition of the Manual of Uniform Traffic Control Devices (MUTCD). Trained, certified flagpersons shall be provided in sufficient number and locations as necessary for control and protection of vehicular and pedestrian traffic in accordance with the MUTCD. Flagpersons shall use sign paddles to regulate traffic in accordance with the MUTCD. 21. Certification for flagperson will be awarded upon a candidate's satisfactory completion of an examination. Certification card shall be carried by the flagperson while performing duties. Any flagperson found not in possession of his/her certification card shall be removed from the flagging site and the Residency Administrator or his/her representative will suspend operations requiring flagpersons. Furthermore, flagpersons performing duties improperly shall have their certification revoked. 22. The permittee or their contractor shall provide at least one (1) employee who, at a minimum, is verified by VDOT in Basic Work Zone Traffic Control for activities involving the installation, maintenance and removal of work zone traffic control devices. In addition, the permittee or their contractor shall provide an employee that is verified by VDOT in Intermediate Work Zone Traffic Control to provide supervision during workzone adjustments or changes to traffic control due to field conditions. These persons must have their verification card with them while on the project site. The land use permit will be suspended if proof of verification cannot be provided. 23. No excavated material is to be placed or tracked on the pavement, without written permission of the Residency Administrator or his/her representative. When so permitted, the pavement shall be satisfactorily cleaned by an approved method. No cleated (track-mounted) equipment is to be used on the pavement, without proper protection to the pavement. Hours and Days of Work 24. Permittee is authorized to work between the hours of 9:00 a.m. to 3:30 p.m. Monday through Friday, which deals with lane closures and/or impede/stop traffic. The permit will not be valid from 12:00 noon on the weekday preceding and through the following holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day. If the observed holiday falls on Monday, the permit will not be valid from 12:00 noon on the preceding Friday through the holiday. Any variance in the authorized work times must be obtained from the Residency Administrator or his/her representative. Excavation 25. OSHA requires shoring for any excavation four feet (4') or more in depth. 26. When not utilizing shoring, excavations are to be sloped accordingly. 27. A licensed Professional Engineer shall certify all shoring and/or trenching boxes. Insuection and Restoration 28. Inspection and testing of all fill embankments, storm sewer and utility trench backfill shall be performed in accordance with all applicable sections of VDOT's Road and Bridge Specifications (current edition). 29. A licensed geotechnical engineer (or certified technician under the direction of a licensed geotechnical engineer) shall observe the placement of all fill embankments, and storm sewer and utility trench backfill. 30. Inspection services shall be provided utilizing one of the following options: • The permittee may retain services of licensed geotechnical engineer (or technician under the direction of a geotechnical engineer) to perform required inspection and testing, or, • The permittee may request that VDOT provide inspection services through the establishment of an accounts receivable with the contractor responsible for providing all required material testing. 31. All testing reports and engineer's certification shall be submitted to VDOT for review and approval prior to completion of the VDOT Land Use Permit. 32. The permittee shall be responsible for correcting any settlement of backfill or pavement for a period of three (3) years after completion of work. 33. Where pavement exists, all crossings shall be bored, pushed or jacked from back-of ditchline to back-of ditchline or toe-of fill to toe-of fill. The pavement shall NOT be cut unless otherwise approved by the Residency Administrator or his/her representative and then only if justifiable circumstances prevail or proof is shown that a thorough attempt has been made to push, bore or j ack. 34. Whenever the pavement is permitted to be cut, not over one-half of the roadway width shall be disturbed at one time; the first opening shall be completely restored to satisfactory, travelable condition before the second half can be opened. The permittee shall mill and resurface ALL (asphalt) concrete roadways; and resurface all other roadway with like material that exists, for a distance of 25 feet on each side of the disturbed area from edge-of pavement to edge-of pavement. Whenever the pavement is permitted to be cut, the provisions of LUP-OC shall apply. Where the pavement is disturbed or deemed weakened in its entirety or such portions as deemed desirable by the Department, the pavement shall be restored or replaced in a manner that is satisfactory to the Residency Administrator or his/her representative. Whenever the pavement is permitted to be cut, the provisions of LUP-OC shall be adhered to. Fnvirnnmental 35. The permittee is responsible for pursuing and obtaining any and all environmental permits which may be required to pursue the proposed activity prior to any work beginning within state maintained right-of way. 36. All contractors performing regulated land disturbing activities within VDOT right-of way shall provide at least one (1) employee that has successfully completed the VDOT Erosion & Sediment Control Contractor Certification training. This person shall be on site during all land disturbance activities and will be responsible for insuring compliance with all applicable local, state and federal erosion and sediment control regulations during land disturbance activities. This person must have their certification card with them while on the project site. The land use permit will be suspended if proof of certification cannot be provided. Furthermore, improper installation, maintenance and removal of erosion and sediment control devices may result in revocation of VDOT Erosion & Sediment Control Contractor Certification. 37. In the event the permittee encounters hazardous materials or underground storage tanks within state maintained right- of way in the pursuit of his activities, the permittee is responsible for ceasing all work within the site, notifying the local VDOT Residency Office or Permit Office and other responsible parties, i.e., the local fire department, emergency services, Department of Environmental Quality, etc. The permittee is responsible for coordinating and completing all remedial/removal activities required in order to complete the proposed activities within the state maintained right-of way. 38. In the event the permittee encounters cultural resources, archaeological, paleontological, and/or rare minerals within the right of way in the pursuit of his activities, the permittee shall act immediately to suspend work at the site of the discovery and notify the local VDOT Residency Office or Permit Office. The permittee is responsible for notifying the proper state authority charged with the responsibility for investigating and evaluating such finds. The permittee will meet all necessary requirements for resolving any conflicts prior to continuing with the proposed activities within the state maintained right-of way and shall provide evidence of such compliance to the local VDOT Residency Office or Permit Office. 39. Roadway drainage shall NOT be blocked or diverted. The shoulders, ditches, roadside and drainage facilities, as well as the pavement, shall be kept in an operable condition satisfactory to the Department. Necessary precautions shall be taken by the permittee to insure against siltation of adjacent properties, streams, etc. in accordance with VDOT's current standards or as prescribed by the Department's Environmental Manual and Residency Administrator or his/her representative. Fntran~Pc 40. Road and street connections, private entrances, and construction entrances shall be kept in satisfactory condition. Entrances shall NOT be blocked. Ample provisions must be made to provide safe ingress and egress to adjacent property at ALL times. Entrances that are disturbed shall be restored to the satisfaction of the property owner and the Residency Administrator or his/her representative. 41. The permittee is responsible for determining the correct size of each entrance pipe through the submittal of engineering calculations to the local VDOT Residency Office or Permit Office for review and approval. Utilities 42. Prior to any excavation, the permittee shall comply with the terms of Title 56, Chapter 10.3 of the Underground Utility Damage Prevention Act and Section 56-265.14 through 56-265.20 of the Code of Virginia. This permit does NOT grant permission to grade on or near property of others, or, adjust or disturb in anyway existing utility poles or underground facilities within the permitted area. Permission to do so must be obtained from the impacted utility company and any expense involved shall be borne by the permittee. Any conflicts with existing utility facilities must be resolved between the permittee and the utility owner(s) involved. 43. All underground utility crossings and parallel installations shall have a minimum cover of 36 inches except underground telecommunications cables placed adjacent to the outside edge of the right-of way line and beyond of ditch line shall have a minimum of 30 inches cover. All other underground facilities shall have a minimum cover of 36 inches. 44. Where feasible, all aboveground installations (such as fire hydrants, telephone pedestals, markers, etc.) shall be located adjacent to the outside edge of the right-of way line and in accordance with minimum clear zone requirements. All manhole covers, valve box, etc., shall be installed two inches below existing ground line and shall conform to existing contours. 45. No poles, guys, anchors, etc., are to be placed on state maintained right-of way unless so indicated and approved on this permit. At no time will any such facilities be allowed between the ditchline and the traveled roadway. 46. ALL overhead crossing(s) shall conform to the requirements of the National Electrical Safety Code (current edition). The vertical clearance of the lowest wire or cable crossing an Interstate and limited access highway shall not be less than 21 feet, and 18 feet for crossing all primary and secondary roads and entrances. Final Inspection and Completion of Permit 47. Upon completion of the work covered by this permit, all disturbed areas outside of the roadway prism shall be restored to their original condition as found prior to starting such work. 48. Completion of this permit is contingent upon the permittee's compliance with ALL governing bodies involved in the total completion of work on state maintained right-of way. 49. The permittee is required to notify the local VDOT Residency Office or Permit Office upon completion of work covered by the attached VDOT Land Use Permit to request a final inspection. PLANTING AGREEMENT B Mr./Ms. Date Residency Administrator Virginia Department of Transportation County Dear Mr./Ms. We, the undersigned, wishing to cooperate with the Virginia Department of Transportation (hereinafter referred to as the Department), request permission to donate, install, and maintain the plants as indicated on the attached landscape plans for: between and on Route In requesting this permission, the following provisions are agreed to: 1. Any planting proposed shall be outlined clearly and a sketch of same made a part of this Agreement. 2. The applicant assumes the responsibility for the completion of the work outlined and the maintenance of the plant material once installed. 3. The applicant agrees to indemnify and save harmless the Department, the Commonwealth Transportation Board, and all its officers, agents and employees from all suits, actions of claims of any character, name or description, which might arise from the construction of work permitted by this Agreement. 4. It is understood that should any planting allowed under this agreement become a traffic hazard, or is not maintained, in the opinion of the Department, at its discretion the Department may remove such planting. 1/23/07 Phone Number Recommend Approval: Date Approved: Date Name Signed by Title Address Residency Administrator Roadside Manager 1/23/07 ~d ~~8 Commonwealth of Virginia i ,, VVZ Department of Transportation ~,` PERMIT 05/2009 LUP- LAND USE Special Provision VDOT Work Zone Traffic Control Contractor Certification In accordance with the Virginia Department of Transportation (VDOT) Road and Bridge Specification, Special Provision 105.14, beginning July 1, 2009, all contractors performing construction activities under the auspices of a VDOT Land Use Permit must have at least one (1) employee on-site who, at a minimum, is verified by VDOT in Basic Work Zone Traffic Control for activities involving the installation, maintenance and removal of work zone traffic control devices. An employee verified by VDOT in Intermediate Work Zone Traffic Control must be on-site to provide supervision during workzone adjustments or changes to traffic control due to field conditions. These persons must have their verification card with them while on the project site. NO1V COMPLIANCE HA Y RESUL T IN PERMI T SUSPENSION ~/OR A STOP WORK ORDER Applicant/ProjectNarne: Contractor: Route Number: County: Residency: I, ,state that I will have at least one (1) employee that is verified by VDOT in Basic Work Zone Traffic Control who will be responsible for the placement, maintenance and removal of work zone traffic contNOl devices within the project limits in compliance with the permit requirements and conditions, the approved plans, specifications, the Virginia Work Area PNOtection Manual and the Manual of UnifoNm Traffic ContNOl Devices. An employee verified by VDOT in Intermediate Work Zone Traffic Control will be on-site to provide supervision during workzone adjustments or changes to traffic contNOl due to field conditions. These employees will provide evidence of these verifications upon request from VDOT personnel. Signature Date THIS DOCUMENT MUST ACCOMPANY THE VDOT LAND USE PERMIT APPLICATION LAS > Reports Page 1 of 6 Joe Zielinski -Legislative Information System ~hZ8o2255} From: ~support~a leg.state.va.us> To: ~jzielinski~a roanokecountyva.gov> Date: 8/6/2009 l 1:3 8 AM Subject: Legislative Information System (h2802255) Attachments: h2802255.htm Virginia Administrative Code Database updated through August 6, Zoo9 24VAC34-~ 21-~ 0. Purpose. (program) is administered by the Virginia Department of Transportation tdepartrnent}, and enables private businesses, civic organizations, communities, individuals and local governments an opportunity to improve the appearance and safety of the state maintained right-of•way or real property, herein referred to as right-of way, by participating in the project developrent, establishment, and maintenance of landscaping activities within the state- maintained right-of way. This chapter sets forth policies and procedures governing the program. Statutory Authority §§ 33.1-12 and 33.1-223.2:9 of the Code of Virginia. Historical Notes Derived from Virginia Register Volume 22, Issue 10, eff. February 22, 2006. 24VAC3o-~ 2~ -20. Participation. A. Eligible entities. A local government, private business, community, individual, or civic organization may fully fund the development, establishment, or maintenance, yr any combination of these, of landscaping a segment of the right-of way upon application to, and approval by, a designated department representative. Such entities are eligible to participate as: 1. A single local government; 2. A local government partnership between one or more contiguous local governments; or 3. A private business, civic organization, community or individual through sponsorship by a local government or local government partnership. Such entities are eligible to participate as a donor through the local government by providing to the local government cash or noncash contributions. B. Acknowledgement signs. Signs acknowledging the name or Logo, or both, of participating entities file:llC:IDocuments and SettingsljzielinskilLocal SettingslTemplGW~iewerlh28~2255.htm 8161209 LAS ~ Reports Page 2 of 6 may be authorized for erection at the project site in accordance with 24VAC30-121-40 D 2. However, no acknowledgment signs installed pursuant to this program shall remain in place for more than 10 years. C. In addition to the specifications in 24VAC30-121-40 D 2, in order to be recognized on an acknowledgement sign, an entity must provide a minimum cash or in-kind contribution to the permittee for the landscaping activity as specified below. Such contribution shall allow an acknowledgement sign for five years, unless the need arises for removal or relocation of the sign. Cost of the acknowledgement sign shall not count toward the minimum contribution requirement. 1. Noncontrolled access primary and secondary highways: $1,500 contribution. 2. Controlled access primary and secondary highways: $8,500 contribution. 3. Interchanges on controlled access primary and secondary highways: $10,000 contribution. 4. interstate interchanges: $20,000 contribution. Statutory Authority §§ 33.1-12 and 33.1-223.2:9 of the Code of Virginia. Historical Notes Derived from Virginia Register Volume 22, issue 10, eff. February 22, 2006. Z4VAC30-121-30. Application requirements. A. All program activities must be applied for by the local governments within the jurisdiction in which the activity is proposed to occur in accordance with the General Rules and Regulations of the Commonwealth Transportation Board ~24VAC30-20-20 and 24VAC30-20-80~ and the Land Use Permit Manual ~24VAC30-150. The Land Use Permit Manual and the general rules may be obtained from the Asset Management Division, Virginia Department of Transportation, 1401 East Broad Street, Richmond, Virginia 23219, or by accessing the Virginia Administrative Code website at http:llleg 1.state.va. us10001regITOC24030. HTM . 1. Single activity or segment permit. A local government may apply for a permit for each individual proposed activity or for all proposed activities on a specific route. 2. Jurisdiction-wide permit, A local government may apply for ajurisdiction-wide permit to cover all proposed activities occurring within that local government's jurisdictional boundaries on the right- of way. Such jurisdiction-wide permits must be renewed on an annual basis from the date of permit issuance. B. The application shall be in the form prescribed by the Land Use Permit Manual and shall at a #i1e:11C:IDocuments and Settingsl~zielinskilLocal SettingslTemplGWVie~verlh2S02255.htm $1612009 LAS ~ Reports Page 3 of 6 minimum include: 1. The name, telephone number, and complete mailing address of the Local government and the authorized Local government representative who shall be officially designated by the Local government as having full administrative and operational authority over all proposed activities; 2. A maintenance agreement that outlines obligated specific maintenance activities and responsibilities, projected maintenance costs, and related funding commitments necessary to ensure areas are maintained and performing as originally permitted; and 3. A formal resolution of endorsement from the local governing body, adopted subsequent to a public hearing during which the proposed landscaping activities are made available for review. The local governing body shall provide written notification to the department of its intention to hold such a hearing no later than 14 days prior to such hearing. Such notification shall be made to the Asset Management Division Administrator, Virginia Department of Transportation, 1401 East Broad Street, Richmond, Virginia 23219. Statutory Authority §§ 33.1-12 and 33.1~223.2:g afthe bode of Virginia. Historical ldotes Derived from Virginia Register Volume 22, issue 10, eff. February 22, 20gG. 24VAC3~-121 ~4fl, Cond~tians. A. In order to participate in the program, each project must comply with the Land Use Permit Manual and the general, site, and design considerations specified in this section. B. General considerations. The following general considerations apply to any permitted activity: 1. Qualifications. All work shall be performed by qualified local government personnel or qualified individuals acting as an agent of the permitted local government. 2. Compliance. Such work steal! comply with all departmental specifications, standards, policies, and guidance and all applicable federal, state, and Local government policies, laws, regulations, and ordinances. 3. Improvement. Any permitted activity must ensure a net improvement to existing right-of-way conditions and impose no net operational or financial burden to the department as determined by the department. 4. The permittee shall be responsible far the maintenance of the permitted areas in perpetuity. In file.11C:1Dacuments and Settingsljz~e~inskilLoca~ SettingslTemplG~Viewerlh280~Z55.htm 816/2009 IBS ~ Reports Page 4 of ~ the event the permittee fails to adequately maintain the improvements, the department may, at its discretion, revoke the permit. Prior to such revocation, the department may, at its discretion and at the permittee's expense, return the permitted area to its original condition. 5. The master plan, project concept plan, sketches, drawings, estimates, specifications, and descriptive text of all activities and any required federal, state, or local permits shall be available for review by the department at all times, C. Site considerations. For sites to be approved by the department, the following site conditions must be met. The site must: 1. Nat be scheduled for future construction as defined within the department's current six-year improvement plan, which would conflict with the activities proposed on the project; Z. Contain sufficient right-vf-way to reasonably permit planting and 4andscap~ng operations without conflicting with safety, geometric, and maintenance considerations; 3. Not contain overhead or underground utilities, driveways, pavement, sidewalks, or highway system fixtures including #raffic signage or signalization that will conflict with the planting or landscaping operations proposed under the project; and 4. Not obstruct or interfere with existing drainage conditions along the site. D. Design considerations. For sites to be approved by the department, the following design considerations must be rnet. t .The project design sha11 not include the following design elements: a. Lighting; b. Flagpoles or pennant poles; c. Fountains or water features; d. Landscaping that depicts or represents any logo, name, or constitutes an advertisement in any form; e. Statuary, sculpture, or other art objects; f. Pruning or cutting within highway rights-of-way of vegetation with trunk base diameter greater than four inches, unless approved by the District Roadside Manager; g. Any improvements intended to provide greater visibility to any existing or future business, advertisement or advertising structure; or file:Il~:IDocuments and SettingsljzielinskilLocal 5ettingslTemplG~V-Viewerlh2SDZZ55.htrn $I~IZOQ9 L1S > Reports Page 5 of 6 h. Any improvements that obscure or interfere with the view of existing lawfully erected advertising structures from the main traveled way. 2. Acknowledgement signs and structures installed pursuant to this program must meet the following design specifications: a. Panels per sign structure: a maximum of two acknowledgement panels per sign structure. b. Panel dimensions: 6 feet wide by 20 inches tall; 3 inches corner radii; 1.5 inch-2 inches thick. c. Sign material: high density sign foam or equivalent. d. Background color options: dark blue (Pantone Matching System #288 or equivalent as determined by the Asset Management Division), dark burgundy (Pantone Matching System #188 or equivalent as determined by the Asset Management Division), dark green (Pantone Matching System #349 or equivalent as determined by the Asset Management Division), or off- white (Pantone Matching System Cool Gray 1 or equivalent as determined by the Asset Management Division). e. Sign border: must be inset 1 inch from outside edge to a 3/4-inch wide border formed by sandblasting or routing a depth of 1/4-inch tot/2-inch; color must be off-white (Pantone Matching System Cool Gray 1 or equivalent as determined by the Asset Management Division) if dark background or dark blue (Pantone Matching System #288 or equivalent as determined by the Asset Management Division), dark burgundy (Pantone Matching System #188 or equivalent as determined by the Asset Management Division), or dark green (Pantone Matching System #349 or equivalent as determined by the Asset Management Division) if off- white background. f. Acknowledgement content: a single sponsoring entity may be represented per panel; the representation may be placed within but no closer than 1/2-inch inside the border and formed by sandblasting or routing a depth of 1/4 inch to 1/2 inch. g. The words "Landscaping by" must be included in the upper left hand area of the border and must be a minimum of three inches tall. The border must be broken and the color of the "Landscaping by" must be the same as the border. h. Installation: the bottom of the sign at its closet point to the ground shall not be greater than 30 inches above the ground. The distance between panels shall not exceed four inches. Post file:llC:IDocuments and SettingsljzielinskilLocal SettingslTemplGWViewerlh2802255.htm 8/6/2009 LIS > Deports Page 6 of 6 height shall not exceed five inches above the top of the highest panel, with the top one inch trimmed at a 45-degree angle. Post stain color must be a solid gray ~Pantone Matching System # 423 or equivalent as determined by the Asset Management Division}. 3. In the event an acknowledgement sign structure or panel is damaged, the permittee shall be responsible for repairing or replacing the sign. 4. Acknowledgement sign structures installed pursuant to this program may be placed within the right-of-way at the following locations: a. Noncontrolled access primary and secondary highways with speed limits of 45 mph or less: no greater than one acknowledgement sign structure per direction per 114 mile of main traveled way. b. Noncontrolled access primary and secondary highways with speed limits greater than 45 mph: one acknowledgement sign structure per direction per 112 mile of main traveled way. c. Controlled access primary and secondary highways with speed limits of 45 mph or less: no greater than one acknowledgement sign structure per direction per 114 mile of main traveled way except as specified in subdivision 4 e of this subsection. d. Controlled access primary and secondary highways with speed limits greater than 45 mph: no greater than one acknowledgement sign structure per direction per 112 mile of main traveled way except as specif ed in subdivision 4 e of this subsection. e. Interchanges on controlled access interstates, primary and secondary highways: no greater than one acknowledgement sign structure per turning roadway. Statutory Authority §§ 33.1-12 and 33.1-223.2:9 of the Code of Virginia. Historical Notes Derived from Virginia Register Volume 22, Issue 10, eff. February 22, 2006. file:IIC:1Documents and SettingsljzielinskilLocal SettingslTempIG~VViewerlh2802255.htm 8/6/2009 LIS > Code of Virginia > 33.1-12 Page 1 of 4 § 33.1-12. General powers and duties of Board, etc.; definitions. rev ~ nexk The Commonwealth Transportation Board shall be vested with the following powers and shall have the following duties: ~ 1 }Location of routes. To locate and establish the routes to be followed by the roads comprising systems of state highways between the points designated in the establishment of such systems. Such routes shall include corridors of statewide significance pursuant to § 33.1-23.03. ~2} Construction and maintenance contracts and activities related to passenger and freight rail and public transportation. (a} To let all contracts to be administered by the Virginia Department of Transportation or the Department of Rail and Public Transportation for the construction, maintenance, and improvement of the roads comprising systems of state highways and for all activities related to passenger and freight rail and public transportation in excess of $2 million. The Commonwealth Transportation Commissioner shall have authority to let all Virginia Department of Transportation-administered contracts for highway construction, maintenance, and improvements up to $2 million in value. The Director of the Department of Rail and Public Transportation shall have the authority to let contracts for passenger and freight rail and public transportation improvements up to $2 million in value. The Commonwealth Transportation Commissioner is authorized to enter into agreements with localities, authorities, and transportation districts to administer projects and to allow those localities, authorities, and transportation districts to let contracts for highway construction, maintenance, and improvements within theirjurisdictions. The Director of the Department of Rail and Public Transportation is authorized to enter into agreements with localities, authorities, and transportation districts to administer projects and to allow those localities, authorities, and transportation districts to let contracts for passenger and freight rail and public transportation activities within theirjurisdictions. The Commonwealth Transportation Commissioner and the Director of the Department of Rail and Public Transportation shall report on their respective transportation contracting activities at least quarterly to the Board. (b}The Commonwealth Transportation Board may award contracts for the construction of transportation projects on a design-build basis. These contracts may be awarded after a written determination is made by the Commonwealth Transportation Commissioner or the Director of the Department of Rail and Public Transportation, pursuant to objective criteria previously adopted by the Board regarding the use of design-build, that delivery of the projects must be expedited and that it is not in the public interest to comply with the design and construction contracting procedures normally followed. Such objective criteria will include requirements for prequalification of contractors and competitive bidding processes. These contracts shall be of such size and scope to encourage maximum competition and participation by agency prequalified and otherwise qualified contractors. Such determination shall be retained for public inspection in the official records of the Department of Transportation or the Department of Rail and Public Transportation, as the case may be, and shall include a description of the nature and scope of the project and the reasons for the Commissioner's or Director's determination that awarding adesign-build contract will best serve the public interest. The provisions of this section shall supersede contrary provisions of subsection D of § 2.2-4303 and § 2.2-4306. ~c}For transportation construction projects valued in excess of $144 million, the Commonwealth Transportation Board shall require that a financial plan be prepared. This plan shall include, but not be limited to, the following: ~i} a complete cost estimate for all major project elements; iii} an implementation plan with the project schedule and cost-to-complete information presented for each year; (iii} identified revenues by funding source available each year to meet project costs; (iv} a detailed cash-flow analysis for each year of the proposed project; and ~v}efforts to be made to ensure maximum involvement of private enterprise and private capital. ~d}The Commonwealth Transportation Board may award contracts for the provision of equipment, materials, and supplies to be used in construction of transportation projects on a fixed-price basis. Any such contract may provide that the price to be paid for the provision of equipment, materials, and supplies to be furnished in connection with the projects shall not be increased but shall remain fixed until completion of the projects specified in the contracts. Material components of any such contract for annual and multi-year programs, including but not limited to httpallegl .state.va.uslcgi-binllegp504.exe?000+cod+33.1-12 5/6/2009 LIS > Code of Virginia > 33.1-12 Page 2 of 4 maintenance, may be fixed at the outset of the projects and until completion based on best achievable prices. ~3} Traffic regulations. To make rules and regulations, from time to time, nat in conflict with the laws of the Commonwealth, for the protection of and covering traffic on and the use of systems of state highways and to add to, amend or repeal the same. ~4}Naming highways, bridges, and interchanges. To give suitable names to state highways, bridges, and interchanges and change the names of any highways, bridges, or interchanges forming a part of the systems of state highways, except such highways, bridges, or interchanges as have been or may hereafter be named by the General Assembly; provided that the name of living persons shall not be used for such purposes. The Department of Transportation shall place and maintain appropriate signs indicating the names of highways, bridges, and interchanges named by the Board or by the General Assembly. The costs of producing, placing, and maintaining these signs shall be paid by the counties, cities, and towns in which they are located. No name shall be given to any state highway, bridge or interchange by the Commonwealth Transportation Board unless and until the Commonwealth Transportation Board shall have received from the local governing body of the locality within which a portion of the facility to be named is located a resolution of that governing body requesting such naming. ~5}Compliance with federal acts. To comply fully with the provisions of the present or future federal aid acts. The Board may enter into all contracts or agreements with the United States government and may do all other things necessary to carry out fully the cooperation contemplated and provided for by present or future acts of Congress in the area of transportation. ~6}Information and statistics. To gather and tabulate information and statistics relating to transportation and disseminate the same throughout the Commonwealth. In addition, the Commissioner shall provide a report to the Governor, the General Assembly, the Commonwealth Transportation Board, and the public concerning the current status of all highway construction projects in the Commonwealth. This report shall be posted at least four times each fiscal year, but may be updated more often as circumstances allow. The report shall contain, at a minimum, the following information for every project in the Six-Year Improvement Program: ~i}project description; iii}total cost estimate; viii}funds expended to date; Div}project timeline and completion date; ~v} statement of whether project is ahead of, on, or behind schedule; Zvi}the name of the prime contractor; vii}total expenditures of federal transportation funds in each county and city; viii}total expenditures of state transportation funds in each county and city; fix}statewide totals for federal, state, and local funds expended for highways; ~x}statewide totals for federal, state, and local funds expended for transit; ~xi} total funds expended on intercity passenger and freight rail line and trains; and ~xii}total funds expended in each federal and state programmatic category, Use of one or more Internet websites may be used to satisfy this requirement. Project specific information posted on the Internet shall be updated daily as information is available. ~7}Policies and operation of Departments. To review and approve policies and transportation objectives of the Department of Transportation and the Department of Rail and Public Transportation, to assist in establishing such policies and objectives, to oversee the execution thereof, and to report thereon to the Commonwealth Transportation Commissioner and the Director of the Department of Rail and Public Transportation, respectively. (8) Cooperation with other agencies and local governments. ~a} To cooperate with the federal government, the American Association of State Highway and Transportation Officials and any other organization in the numbering, signing and marking of highways, in the taking of measures for the promotion of highway safety, in research activities, in the preparation of standard specifications, in the testing of highway materials and otherwise with respect to transportation projects. fib} To offer technical assistance and coordinate state resources to work with local governments, upon their request, in developing sound transportation components for their Iocal comprehensive plans. (9) Transportation. ~a} To monitor and, where necessary, approve actions taken by the Department of Rail and Public Transportation pursuant to Chapter 10.1 ~~ ~3. ~-3g1. ~ et seq.} of this title in order to ensure the efficient and economical http:lllegl.state.va.uslcgi-binllegp5U4.exe?UOO+cod+33.1-12 5/612009 LIS > Code of Virginia > 33. ~ - ~ 2 Page 3 of 4 ~. development of public transportation, the enhancement of rail transportation, and the coordination of such rail and public transportation plans with highway programs. fib} To coordinate the planning for financing of transportation needs, including needs for highways, railways, seaports, airports, and public transportation and to set aside funds as provided in § 33.1-23.03 : ~ . To allocate funds for these needs pursuant to §§ 33.i-~3.1 and 58.1-53$, the Board shall adopt aSix-Year Improvement Program of anticipated projects and programs by July 1 of each year. This program shall be based on the most recent official Transportation Trust Fund revenue forecast and shall be consistent with a debt management policy adopted by the Board in consultation with the Debt Capacity Advisory Committee and the Department of the Treasury. ~c} To recommend to the General Assembly for their consideration at the next session of the General Assembly, objective criteria to be used by the Board in selecting those transportation projects to be advanced from the feasibility to the construction stage. If such criteria are enacted into law, such objectives shall apply to the interstate, primary, and urban systems of highways. (d} To enter into contracts with local districts, commissions, agencies, or other entities created for transportation purposes. fie} To promote increasing private investment in Virginia's transportation infrastructure, including but not limited to acquisition of causeways, bridges, tunnels, highways, and other transportation facilities. ~ 10}Contracts with other states. To enter into all contracts with other states necessary for the proper coordination of the location, construction, maintenance, improvement, and operation of transportation systems, including the systems of state highways with the highways of such other states and, where necessary, to seek the approval of such contracts by the Congress of the United States. ~ 11 } Use of funds. To administer, distribute, and allocate funds in the Transportation Trust Fund as provided by law. The Commonwealth Transportation Board shall ensure that the total funds allocated to any highway construction project are equal to total expenditures within l 2 months following completion of the project. However, this requirement shall not apply to debt service apportionments pursuant to § 33. i -~3.3 or 33.1-Z3.4. ~ l 2}Financial and investment advisors. With the advice of the Secretary of Finance and the State Treasurer, to engage a financial advisor and investment advisor who may be anyone within or without the government of the Commonwealth, to assist in planning and making decisions concerning the investment of funds and the use of bonds for transportation purposes. The work of these advisors shall be coordinated with the Secretary of Finance and the State Treasurer. X13}The powers of the Virginia Aviation Board set out in Chapter 1 ~§ 5.i-i et seq.} of Title 5.1 and the Virginia Port Authority set out in Chapter 10 ~§ 6~.i-iz$ et seq.} of Title 62.1 are in no way diminished by the provisions of this title. X14} To enter into payment agreements with the Treasury Board related to payments on bonds issued by the Commonwealth Transportation Board. ~ 15}Outdoor theaters. By regulation: ~a} To prevent the erection of moving picture screens of outdoor theaters in such a manner as to be ordinarily visible from any highway; fib} To require that a sufficient space is left between any highway and the entrance to any outdoor theater to prevent congestion on the highway; and ~c} To require that outdoor theater entrances and exits are adequately lighted and marked. The term "public transportation" or "mass transit" as used in this title means passenger transportation by rubber- tired, rail, or other surface conveyance which provides shared ride services open to the general public on a regular http:llleg ~ .state.va.uslcgi-binllegp504.exe?000+cod+33.1-12 8/6/2009 LIS > Code of Virginia > 33.1-12 Page 4 of 4 . . and continuing basis. The term does not include school buses; charter orsight-seeing service; vehicular ferry service that serves as a link in the highway network; or human service agency or other client-restricted transportation. X16) Establishment of highway user fees for the systems of state highways. When the traffic-carrying capacity of any system of state highways or a portion thereof is increased by construction or improvement, the Commonwealth Transportation Board may enter into agreements with localities, authorities, and transportation districts to establish highway user fees for such system of state highways or portion thereof that the localities, authorities, and transportation districts maintain. X17}Subject to compliance with applicable federal regulations, the Commonwealth Transportation Board shall establish a plan for identification and acquisition ofrights-of way that may be needed within the corridors designated on the Statewide Transportation Plan. Code 1950, § 33-12;1956, c. 92;1964, c. 265;1970, c. 322;1974, c. 462;1977, c. l 50;1978, c. 650;1986, Sp. Sess., c. 13; 1988, cc. 844, 903;1989, c. 727;1992, c.167;1995, c. 94; 2001, c. 349; 2003, cc. 281, 533, 560; 2004, c. 110; 2005, cc. 839, 919; 2006, cc. 197, 417, 833, 924; 2006, Sp. Sess.1, c. 8; 2007, c. 337; 2008, Sp. Sess.11, c. 5; 2009, cc. 670, 690.} r~ev_ ~ next ~ new search ~ table of contents ~ home http:lllegl .state.va.uslcgi-binllegp5U4.exe?DDD+cod+33.1-12 8/6/2009 LIS ~ Code of Virginia ~ 33.1-223.2;9 Page 1 of 1 rev ~ next § 33.1-zz3.z:g. Comprehensive roadside management program. The Department shall promulgate regulations for a comprehensive roadside management program. Such program shall include, but not be limited to, opportunities for participation by individuals, communities, and local governments and shall address items to include safety, landscape materials, services, funding, recognition, and appropriate signing. (2004, c. 679.) rev ~ next ~ new search ~ table of contents ~ home http;lllegl.state.va.uslcgi-binllegp504.exe?000+cod+33.1-223.209 8/6/2009 LIS > Administrative Code > 24VAC30-20-20 Page 1 of 1 rev `next 24VAC3o-20-20. Work performed on real property of the board. No work of any nature shall be performed on any real property under the ownership, control or jurisdiction of the board, including but not limited to, the right of way of any highway in the system of state highways until written permission is first obtained from the commissioner. Written permission, under this section, is granted by way of permit, except that the letting of a contract by and befinreen the department and any other party, grants to that party automatically the permission spoken of in this section for the area under contract, unless othenNise stated in the contract. The Land Use Permit Manual (zavacso-iso-io et seq.) shall set forth specific requirements for such permits. Statutory Authority § ss.i-iz(3) of the Code of Virginia. Historical Notes Derived from VR385-01-10 § 2, eff. March 8,1995. rev ~ next ~ new search ~ table of contents ~ home http:llleg l .state.va.uslcgi-binllegp504.exe?000+reg+24VAC30-20-20 8/6/2009 LIS > Administrative Code ~ 24VAC30-20-80 Page 1 of 1 ~rev_ ` t~ex~ 24VAC30-10-80. Use of right of way. No person, firm, or corporation shall use or occupy the right of way of any highway for any purpose except travel thereon except as may be authorized by the board or commissioner, either in the Land Use Permit Manual (zavac3o-iso-io et seq.) or as provided by law. Statutory Authority § s3.i-iz(3) of the Code of Virginia. Historical Notes Derived from VR385-D1-1D § 8, eff. March 8,1995. Qrev ~ next ~ new search. 4 table of contents ~ home http:ll~egl .state.va.uslcgi-binllegp504.exe?000+reg+24VAC30-20-80 8/6/2009 AT A REGULAR MEETING OF 'f HE BGARD OF SUPERVISORS OF RGANOKE COUNTY, VIRGINIA, HELD AT THE RGANGKE COUNTY ADMINISTRAI'lON CENTER ON TUESDAY, AUGUST 11, 2009 RES4LU1'14N CERTIFYING THE CLOSED MEETING WAS HELD IN CGNFORMITY WI'~H THE CODE 4F 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 2.2-3112 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke Co~~inty, Virginia, that such closed meeting was conducted inconformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, thatthe Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each merr~ber's 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. Onlysuch public business matters aswere identified inthe motion conveningthe closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia.