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HomeMy WebLinkAbout5/12/2000 - Regular~ pOAN ,~~ L F. 838 Working Document-Subject to Revision ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA DECEMBER 5, 2000 ,~ff~~,~ Welcome to the Roanoke County Board of Supervisors meeting. 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, will be rebroadcast on Thursdays at 7 P.M. and Saturdays at 4 p.m., and 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 so reasonable accommodations may be made. BECAUSE OF THE CHRISTMAS HOLIDAYS, THE DECEMBER MEETINGS WILL BE HELD ON DECEMBER 5 AT 3:00 P.M. AND DECEMBER 19 AT 3:00 P.M. AND 7:00 P.M. At 1:00 P.M. THERE WILL BE A MOCK BOARD MEETING AS PART OF ROANOKE COUNTY'S STUDENT GOVERNMENT DAY ACTIVITIES. COUNTY HIGH SCHOOL STUDENTS WILL REPLACE BOARD MEMBERS AND DEPARTMENT HEADS. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call HCN ABSENT AT 3:04 P.M. 2. Invocation: The Reverend Becky Proctor Rosalind Hills Baptist Church 3. Pledge of Allegiance to the United States Flag 1 ® Recyded Paper JPM MOTION TO REAFFIRM RESO 090898-1 AMENDED TO OPPOSE THE WESTERN CORRIDOR OPTION. URC WITH HCN ABSENT 4 CITIZENS SPOKE 2. Request for adoption of an authorizing resolution to participate in a Statewide Mutual Aid Program. (Rick Burch, Fire and Rescue Chief and Anne Marie Green, General Services Director) R-120500-3 JPM MOTION TO ADOPT RESO URC WITH HCN ABSENT F. FIRST READING OF ORDINANCES 1. First reading of ordinance authorizing creation of and financing for a Local Public Works Improvement Project: Webster Road Water Project. (Gary Robertson, Utility Director) BLJ MOTION TO APPROVE 1ST READING 2ND READING -12119/00 URC WITH HCN ABSENT 2. First reading of ordinance ratifying and approving a contract of sale with Billy B. Guthrie and Barbara B. Guthrie for the purchase of 2.797 acres of land being the westerly portion of property (Tax Map No. 97-05-1-3)and authorizing the acquisition and acceptance for parks and recreation purposes. (Vickie Huffman, Assistant County Attorney) HOM MOTION TO APPROVE 1ST READING 2ND READING -12/19/00 URC WITH HCN ABSENT 3. First reading of ordinance adopting a new cable television ordinance and approving a franchise agreement which renews the right of Blacksburg/Salem Cablevision Inc., D/B/A Adelphia Cable Communications to erect, construct, operate and maintain a cable television system and repealing Ordinance 102594-12. (Joseph Obenshain, Sr. Assistant County Attorney) 3 JBC MOTION TO APPROVE 1ST READING 2ND READING AND PUBLIC HEARING 12 /19/00 URC WITH HCN ABSENT G. SECOND READING OF ORDINANCES NONE H. APPOINTMENTS 1. Blue Ridge Alliance for Organ and Tissue Donation 2. Blue Ridge Community Services Board of Directors JPM NOMINATED GARY KELLY TO SERVE A THREE YEAR TERM EXPIRING DECEMBER 31, 2003 3. Grievance Panel 4. Planning Commission JPM NOMINATED AL THOMASON TO ANOTHER 4 YEAR TERM EXPIRING 12/31/2004. NOMINATION ON CONSENT AGENDA 5. Social Services Advisory Board 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. R-120500-4 BLJ MOTION TO ADOPT CONSENT RESO URC WITH HCN ABSENT 1. Confirmation of committee appointments to the Grievance Panel and 4 Planning Commission. A-120500-4.a 2. Request for acceptance of a portion of Pettit Avenue into the Virginia Department of Transportation Secondary System. R-120500-4.b 3. Request from School Administration to accept and appropriate $5,966.22 from the Department of Education for mailing School Performance Report Cards. A-120500-4.c 4. Request to accept and appropriate $55,790 in Federal Title IV-E Pass-through funds to the Department of Social Services. A-120500-4.d 5. Resolutions of appreciation: (a) upon the retirement of Dana L. Gibson, Utility Department R-120500-4.e (b) honoring the late Cecil D. Pugh, Utility Department R-120500-4.f 6. Donation of 20 foot easement located in the Catawba Magisterial District from William R. Hodges, Jr. and Janette Coakley Hodges (Tax Map # 15.00-01-11) to the Board of Supervisors A-120500-4.g J. REQUESTS FOR WORK SESSIONS JPM SCHEDULED WORK SESSION FOR 12/19/00 TO DISCUSS CHANGING MEETING DATES FROM TUESDAYS TO MONDAYS K. REQUESTS FOR PUBLIC HEARINGS NONE L. CITIZENS' COMMENTS AND COMMUNICATIONS NONE 5 M. REPORTS JPM MOTION TO RECEIVE AND FILE AFTER DISCUSSION OF ITEMS 1 AND 2 -UW WITH HCN ABSENT General Fund Unappropriated Balance JPM QUESTIONED WHETHER $907,000 WAS APPROPRIATED FOR FIREFIGHTERS SINCE THEY WON'T BE HIRED UNTIL 2001 AND ONLY $450,000 WILL BE NEEDED THIS FISCAL YEAR. ECH RESPONDED THAT HE WILL NEED FUNDING FOR THE ENGINEERING STUDIES FOR RENOVATIONS TO FIRE AND RESCUE BUILDINGS AND WILL BRING BACK A REQUEST FOR FUNDING ON 12119/00. 2. Capital Fund Unappropriated Balance JPM POINTED OUT AN INCORRECT AMOUNT Board Contingency Fund 4. Future School Capital Reserve 5. Statement of revenues and expenditures for the month ended October 31, 2000. 6. Accounts Paid -October 2000 N. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Johnson: (1) Advised that he has received several calls about the proposed Wal-Mart development and that the final elevation will be above many of the homes. He asked staff to look at the noise ordinance to see the impact to those homes. ECH will write a letter to Wal-Mart asking for a change. U He announced he had seen the final School Board retirement document, and assumes that it will be an IRS qualified plan. He advised he was concerned about the teachers being forced back into the classroom because their early retirement plan will be reduced after a previous commitment was made. Supervisor Minnix: (1) Announced he may not be able to attend the December 19 meeting and offered Season's Greetings to everyone. (21 Announced that it was Student Government Dav and he had a great time and was im,~ressed with the~articipating students (3) Advised that VDOT has indicated that because of the narrowness of the road Penn Forest Boulevard will have NO PARKING signs installed He is truing to work to minimize the impact to those who live there. Supervisor Church•~1) Wished Commissioner of the Revenue Wayne Com,~ton a speedy recovery (21 Echoed HOM's comments about Student _Government Dav activities ~3) Announced that the girls basketball teams at both Glenvar and Northside High School had outstanding seasons and offered them his congratulations. Supervisor McNamara• ,~1) Thanks the students and staff for their work on the Student Government Day activities (2) Thanked the Board of Supervisors for their help and support during the past year. (3) Suggested that the Board schedule a retreat similar to last year's retreat, inviting various economic development agencies to attend and develop a plan for the Roanoke Valley. O. WORK SESSION WITH ROANOKE VALLEY LEGISLATORS TO DISCUSS THE 2001 SESSION OF THE GENERAL ASSEMBLY AT 5:00 P.M. IN THE 4T" FLOOR CONFERENCE ROOM (PAUL MAHONEY, COUNTY ATTORNEY) HELD FROM 5:05 P.M. TO 6:00 P.M. ATTENDING WERE DELEGATES WOODRUM THOMAS CRANWELL AND GRIFFITH AND SENATOR TRUMBO. PMM PRESENTED THE BOARD'S LEGISLATIVE PROGRAM AND ASKED FOR THEIR SUPPORT. THERE WAS ALSO A DISCUSSION ON STATE FUNDING OF THE PERSONAL PROPERTY TAX. P. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344A (1) discussion concerning the appointment of personnel to the 2001 Board of Equalization; and 201-344A (3) discussion of proposed sale of real estate. JPM MOTION TO GO INTO CLOSED MEETING FOLLOWING WORK SESSION AT 4:45 P.M. URC WITH HCN ABSENT CLOSED MEETING HELD FROM 4:45 P.M. TO 5:05 P.M. Q. CERTIFICATION RESOLUTION R-120500-5 JPM MOTION TO ADOPT CERTIFICATION RESO - URC WITH HCN ABSENT R. ADJOURNMENT JPM ADJOURNED MEETING AT 6:05 P.M. FtOANps. .err °"'¢ swe xm~ F ~, z ~ a= C~~a~xx~# ~~ .~a~xx~~.~.~ 1838 ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA DECEMBER 5, 2000 Welcome to the Roanoke County Board of Supervisors meeting. 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, will be rebroadcast on Thursdays at 7 P.M. and Saturdays at 4 p.m., and 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 so reasonable accommodations may be made. BECAUSE OF THE CHRISTMAS HOLIDAYS, THE DECEMBER MEETINGS WILL BE HELD ON DECEMBER 5 AT 3:00 P.M. AND DECEMBER 19 AT 3:00 P.M. AND 7:00 P. M. At 1:00 P.M.. THERE WILL BE A MOCK BOARD MEETING AS PART OF ROANOKE COUNTY'S STUDENT GOVERNMENT DAY ACTIVITIES. COUNTY HIGH SCHOOL STUDENTS WILL REPLACE BOARD MEMBERS AND DEPARTMENT HEADS. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call 2. Invocation: The Reverend Becky Proctor Rosalind Hills 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. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS ® Recyded Paper 1. Resolution of Appreciation upon the retirement of Joseph A. Keaton, Community Development Department. 2. Introduction of Danial Morris, new Finance Director and Kathi Scearce, new Community Relations Director. 3. Recognition of Finance Department for receiving a Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report. 4. Recognition of the Budget Department for receiving the Government Finance Officers Association Distinguished Budget Presentation Award. D. BRIEFINGS E. NEW BUSINESS 1. Reaffirmation of resolution of support for the I-581 and Route 220 South corridor for Interstate 73 through the Roanoke Valley. (Elmer C. Hodge, County Administrator) 2. Request for adoption of an authorizing resolution to participate in a Statewide Mutual Aid Program. (Rick Burch, Fire and Rescue Chief and Anne Marie Green, General Services Director) F. FIRST READING OF ORDINANCES 1. First reading of ordinance authorizing creation of and financing for a Local Public Works Improvement Project: Webster Road Water Project. (Gary Robertson, Utility Director) 2. First reading of ordinance ratifying and approving a contract of sale with Billy B. Guthrie and Barbara B. Guthrie for the purchase of 2.797 acres of land being the westerly portion of property (Tax Map No. 97-05-1-3)and authorizing the acquisition and acceptance for parks and recreation purposes. (Vickie Huffman, Assistant County Attorney) 3. First reading of ordinance adopting a new cable television ordinance 2 and approving a franchise agreement which renews the right of Blacksburg/Salem Cablevision Inc., D/B/A Adelphia Cable Communications to erect, construct, operate and maintain a cable television system and repealing Ordinance 102594-12. (Joseph Obenshain, Sr. Assistant County Attorney) G. H. SECOND READING OF ORDINANCES APPOINTMENTS 1. Blue Ridge Alliance for Organ and Tissue Donation 2. Blue Ridge Community Services Board of Directors 3. Grievance Panel 4. Planning Commission 5. Social Services Advisory Board 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. Confirmation of committee appointments to the Grievance Panel and Planning Commission. 2. Request for acceptance of a portion of Pettit Avenue into the Virginia Department of Transportation Secondary System. 3. Request from School Administration to accept and appropriate $5,966.22 from the Department of Education for mailing School Performance Report Cards. 4. Request to accept and appropriate $55,790 in Federal Title IV-E 3 Pass-through funds to the Department of Social Services. 5. Resolutions of appreciation: (a) upon the retirement of Dana L. Gibson, Utility Department (b) honoring the late Cecil D. Pugh, Utility Department 6. Donation of 20 foot easement located in the Catawba Magisterial District from William R. Hodges, Jr. and Janette Coakley Hodges (Tax Map # 15.00-01-11) to the Board of Supervisors J. REQUESTS FOR WORK SESSIONS K. REQUESTS FOR PUBLIC HEARINGS L. CITIZENS' COMMENTS AND COMMUNICATIONS M. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Statement of revenues and expenditures for the month ended October 31, 2000. 6. Accounts Paid -October 2000 N. REPORTS AND INQUIRIES OF BOARD MEMBERS O. WORK SESSION WITH ROANOKE VALLEY LEGISLATORS TO DISCUSS THE 2001 SESSION OF THE GENERAL ASSEMBLY AT 5:00 P.M. IN THE 4T" FLOOR CONFERENCE ROOM. (PAUL MAHONEY COUNTY ATTORNEYI P. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344A (1) discussion concerning the appointment of personnel to the 2001 Board of Equalization. 4 Q. CERTIFICATION RESOLUTION R. ADJOURNMENT i~ ~_ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5, 2000 RESOLUTION 120500-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF JOSEPH A. KEATON, COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, Joseph A. Keaton was first employed by Roanoke County on November 11, 1985, as an electrical inspector; and WHEREAS, Mr. Keaton retired from Roanoke County on October 1, 2000 as an electrical inspector with the Community Development Department after more than fourteen years of service; and WHEREAS, Mr. Keaton, as civic leader of the Hollins community and with his church members, worked closely with the County staff to identify a major problem in the community of Hollins -inadequate water and sanitary facilities; and because of his dedication, the Hollins area now has adequate running water and sanitary facilities; and WHEREAS, Mr. Keaton's enthusiasm, knowledge, and interaction with the judges at the All America City competition in Chicago in May, 1989, regarding the Hollins Project, helped Roanoke County win the distinguished designation of "All America City"; and WHEREAS, Mr. Keaton because of his exceptional relationship with the general public, area contractors, County staff and his work in the community was nominated by his peers in the Department of Development and Inspections as 1990's Departmental 1 r Employee of the Year. WHEREAS, Mr. Keaton, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to JOSEPH A. KEATON for more than fourteen years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, McNamara NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File Arnold Covey, Director, Community Development Joe Sgroi, Director, Human Resources 2 ~. ~ ~ C AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5, 2000 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF JOSEPH A. KEATON, COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, Joseph A. Keaton was first employed by Roanoke County on November 11, 1985, as an electrical inspector; and WHEREAS, Mr. Keaton retired from Roanoke County on October 1, 2000 as an electrical inspector with the Community Development Department after more than fourteen years of service; and WHEREAS, Mr. Keaton, as civic leader of the Hollins community and with his church members, worked closely with the County staff to identify a major problem in the community of Hollins -inadequate water and sanitary facilities; and because of his dedication, the Hollins area now has adequate running water and sanitary facilities; and WHEREAS, Mr. Keaton's enthusiasm, knowledge, and interaction with the judges at the All America City competition in Chicago in May, 1989, regarding the Hollins Project, helped Roanoke County win the distinguished designation of "All America City"; and WHEREAS, Mr. Keaton because of his exceptional relationship with the general public, area contractors, County staff and his work in the community was nominated by his peers in the Department of Development and Inspections as 1990's Departmental Employee of the Year. 1 T '`I WHEREAS, Mr. Keaton, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to JOSEPH A. KEATON for more than fourteen years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. 2 ACTION NO. ITEM NUMBER C- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2000 AGENDA ITEM: Introduction of new Community Relations Director Kathi Scearce and new Finance Director Danial Morris COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside to introduce two new department heads to the Board and to the public. Community Relations Director Kathi Scearce is a native of Roanoke County. She received a Bachelor of Science Degree from Virginia Commonwealth University and an Associate in Arts degree from Virginia Western Community College. She was previously employed by the Virginia's Center for Innovative Technology and the Virginia Department of Education. Finance Director Danial Morris has been a resident of Roanoke County since 1988. He received a Bachelor of Science degree from Cal State University, Long Beach, California, and has his CPA License. His previous experience includes positions as Director of Finance/Management Services with the Montgomery County Public Schools, and Controller with American Suzuki Motor Corporation, Dominion Investment Banking and Dominion Lodging, Inc. Respectfully Submitted by ~~ ~ Elmer C. Hodge County Administrator C- ~ ACTION VOTE No. Yes Abs Approved () Motion by: Church Denied () Johnson _ _ _ Received () McNamara- Referred () Minnix To O Nickens _ _ _ cc: File ACTION NO. ITEM NUMBER C -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2000 AGENDA ITEM: Recognition of the Finance Department staff for Excellence in Financial Reporting for the Comprehensive Annual Financial Report COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County has again received the Certificate of Achievement for Excellence in Financial Reporting for its Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 1999. This award is presented by the Government Finance Officers Association to governments that achieve the highest standards in governmental accounting and financial reporting. Chief Financial Officer Diane Hyatt will accept the recognition on behalf of Roanoke County's Finance Department. ~~~~ Elmer C. Hodge County Administrator ACTION VOTE No. Yes Abs Approved () Motion by: Church Denied () Johnson _ _ _ Received () McNamara- Referred () Minnix _ _ _ To () Nickens L ~ r GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700 • Fax: 312/977-4806 April 21, 2000 NEWS RELEASE For information contact: Stephen Gauthier (312) 977-9700 (Chicago)--The Certificate of Achievement for Excellence in Finan- vial Reporting has been awarded to: County of Roanoke, VA by the Government Finance Officers Association of the United States and Canada (GFOA,I for its comprehensive annual financial report (CAFR). The Certificate of Achievement. is the highest form of recognition in the area of governmental accounting and financial. reporting, and its attainment represents a significant accempli_sh- ment by a government and its management. An Award of Financial Repor_tir~g ?~ct~~i:=.vem~:nt has been awarded to the individual (s}, department or agenr_y designated by the government as primarily resnonsib7_e for preparing the award- winning CAr'R. This has been presented to: The Finance Staff, County of Roanoke The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a construc- tive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional assor_iation serving approximately 14,000 government finance professionals with offices in Chicago, Illinois, and Washington, D.C. - 30 - WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, DC 20006 202/429-2750 • Fax: 202/429-2755 ACTION NO. ITEM NUMBER ~'" 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2000 AGENDA ITEM: Recognition of the Budget Department for receiving the Government Finance Officers Association Distinguished Budget Presentation Award. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County has been awarded the Distinguished Budget Presentation Award for the budget document for fiscal year beginning July 1, 1999 and ending June 30, 2000. This award is the highest form of recognition in government budgeting. The award was established in 1984 and recognizes exemplary budget documentation by state and local governments. Each budget document is evaluated using a comprehensive evaluation checklist by three independent reviewers who are members of GFOA's Budget Review Panel. Budget Director Brent Robertson will accept the recognition on behalf of the Budget Department. Respectfully Submitted by ~~~~ o Elmer C. Hodge County Administrator ACTION Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: VOTE No. Yes Abs Church Johnson _ _ McNamara- _ _ Minnix _ _ _ Nickens }• AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5, 2000 RESOLUTION 120500-2 REAFFIRMING AND AMENDING RESOLUTION 090898- 1 SUPPORTING THE I-581 AND ROUTE 220 SOUTH CORRIDOR FOR I-73 THROUGH THE ROANOKE VALLEY AND OPPOSING OPTION 4 KNOWN AS THE WESTERN ALIGNMENT WHEREAS, the Commonwealth Transportation Board has previously selected Alternative Corridor 6A which generally follows Route 220, the proposed "Smart Highway" and Route 460 to the West Virginia state line west of Narrows as the location for the proposed I-73 north-south interstate connecting Detroit to Charleston, SC; and WHEREAS, the Roanoke County Board of Supervisors has previously indicated its support of a refined corridor for I-73 which would follow the present location of Route 220 into the City of Roanoke and then overlap the present Interstate 581, Interstate 81, the proposed "Smart Highway" and Route 460 to West Virginia on at least two occasions as set forth in its Resolution 112294-1 of November 22, 1994 and Resolution 032498-6 of March 24, 1998; and Resolution 090898-1 of September 8, 2000; and WHEREAS, the Virginia Department ofTransportation (VDOT) has released an "I-73 Location Study: Alternatives for Future Study" which identifies more specific proposals for the potential corridor location of I-73 through the Roanoke Valley and is in the process of accepting public comments upon these proposed corridors in preparation for the final design work for this project. NOW, THEREFORE, BE IT RESOLVED as follows: (1) That the Board of Supervisors of Roanoke County, Virginia, strongly reiterates its prior recommendation to build I-73 and that the selected corridor for I-73 immediately follows the existing corridor of Route 220 into the City of Roanoke, and then overlaps Interstate 581, Interstate 81, the proposed "Smart Highway" and Route 460 to the West Virginia state line near Narrows. This recommended corridor would utilize existing road corridors wherever possible, on routes that are already designated for improvement which would thereby reduce the cost of construction and the expenses associated with additional land expropriation; and (2) That the Board of Supervisors of Roanoke County, Virginia, opposes Option 4 known as the "western alignment" that begins in Western Roanoke County; and (3) That VDOT be requested to continue to hold public information sessions for the specific purpose of allowing the citizens of Roanoke County an opportunity to comment upon VDOT's proposed corridor locations for I-73 which may directly affect the residences and business locations of Roanoke County citizens; and (4) That the Board of Supervisors directs that copies of this resolution be forwarded to the Virginia Department of Transportation, the Interstate Route 73 Communications Committee of the General Assembly and the Roanoke Valley Business Council. On motion of Supervisor McNamara to reaffirm Resolution 090898-1 amended to oppose the Western Corridor option, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, McNamara NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: ~• Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Fred Altizer, District Engineer, VDOT Lorinda Lionberger, Transportation Commonwealth Board Interstate Communications Committee of the General Assembly Roanoke Valley Business Council Roanoke Regional Chamber of Commerce 2 ACTION NUMBER ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2000 AGENDA ITEM: Request to reaffirm support for Interstate 73 COUNTY ADMINISTRATOR'S COMMENTS: Recommend that we reaffirm action taken on September 8, 1998. Attached are the following documents: Exhibit A -resolution adopted by the Board on September 8, 1998; Exhibit B -Table S-1 from the DEIS entitled "Comparative Summary of Environmental Impacts "; Exhibit C -Map showing I-73 alternatives; Exhibit D -Power point presentation by the Roanoke Regional Chamber of Commerce; and Exhibit E -correspondence from the Roanoke Valley Business Council. Several groups and individuals including the Roanoke Regional Chamber, the Roanoke Valley Business Council and the I-73 Regional Impact Network have requested to speak. This is not a public hearing so the Board should dispense with the normal rules and allow these people to speak. BACKGROUND: Congress designated I-73 a National High Priority Corridor as part of the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991. The purpose of the "priority corridor" designation is to link the nation's regions and support economic growth. This project is a regional priority in southwest Virginia because it would address safety concerns along U.S. Route 220 resulting from high percentages of truck traffic, poor sight distances, steep grades and a large number of accidents. The Roanoke County Board of Supervisors has expressed support for the construction of Interstate 73 through the Roanoke Valley for several years. On October 12, 1993, November 22, 1994, March 24, 1998, and September 8, 1998, the Board adopted resolutions in support of the route following the existing alignments of U.S. Route 220, Interstate 581, Interstate 81, the proposed "Smart Highway" and U.S. Route 460 to West Virginia. It was felt that using the existing corridor would provide an economic advantage to the Roanoke Valley. SUMMARY OF INFORMATION: On November 13, 2000, Roanoke County received a copy of the Virginia Department of Transportation Draft Environmental Impact Statement for Interstate 73. This document i ~-_I containing approximately 550 pages, evaluated 11 Build Alternatives, a Transportation System Management Alternative, and a No-Build Alternative. The purpose of this document was to study the engineering, economic, social, and environmental impacts for each alternative from the Virginia-North Carolina border to I-81 in the vicinity of Roanoke. This process resulted in three core alternatives: 1) No-Build, 2) Transportation System Management (TSM), and 3) New Interstate I-73 (Build) Alternative. The three core alternatives are defined as follows: 1. No-Build Alternative: The No-Build Alternative provides the baseline conditions against which other alternatives will be compared. The No-Build Alternative includes routine maintenance and currently programmed, committed and funded roadway and transit projects in the Virginia Department of Transportation Six Year Plan. 2. Transportation stem Management (TSM): The TSM Alternative includes all of the improvements in the No-Build Alternative plus improvements to upgrade U.S. Route 220. Sight distance improvements and crossover elimination in selected locations on U.S. Route 220 are included to enhance safety. 3. Build Alternative: The Build Alternative includes all improvements in the No-Build Alternative, plus a new interstate with full access control (no turn lanes, cross traffic or driveway access permitted). The Build Alternative would be built to interstate design standards with a minimum of four travel lanes (two in each direction). Fifty-two segments were carried forward in the DEIS for further study. These were combined into four primary options, which are described briefly below. • Option 1 and its variations would be the most eastern alignment, beginning on I-81 in Botetourt County near Exit 150 and continuing south through western Bedford County and northeastern Franklin County. • Option 2 and its 3 variations would follow I-581 south then turn easterly south of Route 24 to cross the Blue Ridge Parkway. At Route 116, Option 2 would continue southerly in a route parallel to and east of U.S. Route 220 and rejoin U.S. Route 220 in southern Franklin County. • Option 3 would follow the existing alignments of I-581 and U.S. Route 220 and include the upgrade of existing U.S. Route 220 to full interstate standards. The three variations of this option leave the existing U.S. Route 220 alignment in locations where topographic or other constraints present a challenge. • Option 4 would be a western alignment that would begin in western Roanoke County on I-81 at existing Exit 132, the Dixie Caverns interchange. The alignment would travel east and turn to the south near the western edge of the City of Salem, crossing the Blue Ridge Parkway and continuing south into Franklin County. a ~.:. "` Staff has completed our preliminary review and identified Option 3 and segments (374,375,1180, 3776 and 377) as the alignment that Roanoke County supported in our September 8, 1998 resolution. I have attached, for your information, Table S-1 from the DEIS entitled "Comparative Summary of Environmental Impacts" and a map showing each option and all segments. Since VDOT's publishing of the Draft Environmental Impact Statement and announcing of the upcoming Public Forum, on December 13 and 14, 2000, Roanoke County has received several calls and letters from both the citizens and business community requesting support for their particular cause. At the November 14, 2000 Board of Supervisors meeting, you heard from citizens who lived along the Option 4 (western alignment) Alternative asking for a resolution in opposition to the western alternative. As per the Board's request at the November 14, 2000 public meeting, attached is a resolution of support to build I-73 within the corridor identified in the DEIS document as Option 3. STAFF RECOMMENDATION: Staff recommends reaffirming our previous resolution adopted September 8, 1998 to build I-73 and do so along the I-581 /220 corridor Submitted by: Elmer C. Hodge County Administrator Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION VOTE Motion by: Church Johnson McNamara Minnix Nickens No Yes Abs EXHIBIT "A" ~, ~~ AT A REGULAR MEETING OF?HE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 8, 1998 RESOLUTION 090898-1 SUPPORTING THE I-581 AND ROUTE 220 SOUTH CORRIDOR FOR I-73 THROUGH THE ROANOKE VALLEY WHEREAS, the Commonwealth Transportation Board has previously selected Alternative Corridor 6A which generally follows Route 220, the proposed "Smart Highway" and Route 460 to the West Virginia state line west of Narrows as the location for the proposed I-73 north-south interstate connecting Detroit to Charleston, SC; and WHEREAS, the Roanoke County Board of Supervisors has previously indicated its support of a refined corridor for I-73 which would follow the present location of Route 220 into the City of Roanoke and then overlap the present Interstate 581, Interstate 81, the proposed "Smart Highway" and Route 460 to West Virginia on at least two occasions as set forth in its Resolution 112294-1 of November 22, 1994 and Resolution 032498-6 of March 24, 1998; and WHEREAS, the Virginia Department of Transportation (VDOT) has released an "I- 73 Location Study: Alternatives for Future Study" which identifies more specific proposals for the potential corridor location of I-73 through the Roanoke Valley and is in the process of accepting public comments upon these proposed corridors in preparation for the final design work for this project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, strongly reiterates its prior recommendation to build I-73 and that the selected corridor for I-73 immediately follows the existing corridor of Route 220 into the City of Roanoke, and then overlaps Interstate 581, Interstate 81, the proposed "Smart ~~ and Route 460 to the West Virginia state line near Narrows. This recommended corridor would utilize existing road corridors wherever possible, on routes that are already designated for improvement which would thereby reduce the cost of construction and the expenses associated with additional land expropriation. BE IT FURTHER RESOLVED that VDOT be requested to hold at least one additional public information session for the specific purpose of allowing the citizens of Roanoke County an opportunity to comment upon VDOT's proposed corridor locations for -73 which may directly affect the residences and business locations of Roanoke County citizens. FURTHER, the Board of Supervisors directs that copies of this resolution be forwarded to the Virginia Department of Transportation, the Interstate Route 73 Communications Committee of the General Assembly and the Roanoke Valley Business Council. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison NAYS: Supervisors Nickens, Johnson A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Fred Altizer, District Engineer, VDOT Lorinda Lionberger, Transportation Commonwealth Board Interstate Communications Committee of the General Assembly Roanoke Valley Business Council 2 `~~'kt~~.<~j~t t„~ EXHIBIT "B F- U Q J H Z W Z O ~_ ~ ~ ~ Z W W L>_ J 0 m Q W H Q W O U -I (~a;ew0 ~o W ygp Ot 1o aseaioul) OlOHS321H1 u, ao w ~ IS ONI0330X3 210 tly0 L9 z ~ ~ M N N '~ Z ONI0330X3 LIO JNIHOV021ddtl S13~31 Ol 03SOdX3 S3WOH (21f10H 8 Wdd) 0 0 0 SNOIltlN1N3~N00 `n vi ° ~ o cD 0 ~ cd cd ~ ~ OO 1S3HJIH OZOZ Q t21f10H t Wdd) ~ ~ ~ NOIltl2l1N30N00 tO ao °~ rn `r ai ~ of of rn ' rn OO 1S3HOIH OZOl (Otl0213H1 d0 SM31A) ~ o N rn ~ ~ o J ~JNIXNtl2110tldWlltl(1SIA '- Q d (OV0213H1 W021d SM31!\) N ~ N ,~ ~,.~ r o Q ONIXNtlN AllltlflD l`df1SIA N AtlMN21tld 3JOR13fl19 ¢ 0 ~ 0 ~ 0 o 0 N ~ 0 o > W021d N33S S1130 M31~ Z ° ' ° ' ` " ` " ~~ ~ J ~ a s3latlaNno9 ~ W 1N3W~J3S NIHlIM S3115 ~ ~ ~ ~ ~ ~ ~ Q ltl S30N32JiJf10001tl101 2~ W ~ 1Id021d-NON 2i3H10 0 ~' ~ ~ '" H N O F H Q U W ~' W ~ a SNOIltl1S 32114 0 ~ ~- N c.i o c.i ~ ~ U ' v v m v QQ ZNa ~ S3H021f1H0 0 ~ ~ ~ ~ 0 SN21tld OOOH2J09H~J13N o 0 0 0 0 0 0 O U Sl00HOS o 0 0 0 0 0 0 [(ey) ae] 1tl101 tl/N (£LLZ) tS89 (L9LZI ZZ89 tZ45Z) t8Z9 t0$SZ) £tZ9 tS6bZ) 5919 Q9bZ) 0809 w [(ey) ael S31111I0tld Oll9fld tl/N 0 0 0 0 ~Z) 9 (0) t [( ey) oe] 1s321od tlIN (LLLI) l6Eb tlSLt) 9ZEb (LL£l) tOb£ (40Et) 60ZE (9821) 9Lt£ tL0Et18ZZE O Z ~ l(ey) oe] tlIN (Lt) Z4 t8Z) OL (16) ObZ (L6) ObZ tLLt) 8E4 (LOt) 49Z Q J 1tlR11S(lON I1tl10213WW00 ~ [(ey)oe1ltl21f11lflORlOtl tl/N tt88)LLtZ tL48)9ttZ t9L9)t9tZ tL06)t4ZZ (8E8)LLOZ (Z58)90tZ ((ey) ae] ltlIlN301S321 tl/N (86) LbZ (SZt) 80E tE6t) 6L4 tZLZ) EZS (Z6t) 4L4 (S6t) t84 z O y ~' w S3SS3NISf19 ~ r r v v ~ ~ U Q U a g °- (n S11Nf1ltlIlN301S321 0 °v M c°v V' ~ V °r° V o M ~ V S1N30100tl '~ ~ ~ ~ 2 1tl101 NI NOIlOf10321 ~" "' p ~ (suopllw ul) (SAtlMOV021 tl321tl ' ~ ~ `D "' ~ "' cD " ` ~ cO '- Q Q Atl0 2134) 0313~tlN1 AOf11S ° ~ ~ ~ ~ `~? • o ~ ` • " ~ m - ' o ~ D ~ ~ ~ N V ~ (W>I) S3lIW 3101H3~ 1tl101 ~°.i LL d (S,ItlMOtl021 tl3Htl ' ' ' rn AOnls'Atl0 2134) 0313ntla1 OOE'ZL 006'89 006'89 006'89 89 006 006 99 006 89 Z F4 S21f10H3101H3A1tl101 ¢~ (HdW) AVMSS321dX3 m ~ ~ rn ~ ~ rn ONtl SltlR13121tl 2104 033dS ~ Nn ,N v, ~, ~, ~, MOId 031S30N00 3~JtlN3Atl W ~ (6 (6 ~ U H .- N N N N a 0 0 0 0 0 0 ~ 0 0 0 0 0 0 a ~ H U Q a J I- Z W Z O ~_ ~ ~ ~ Z W W W J O [D F¢- ~ Q W ~_ H Q W O U "`~ ~alew0 ~o W tl9P OL to asea~oul) OlOHS3aH1 ~ IS 9NI0330X3 a0 tlQ0 L9 m cn o ~ ~ Z Z JNI0330X3 a0'JNIHOVOaddtl `~ °' " `" Sl3n3l Ol 03SOdX3 S3WOH (anOH 9 Wdd) SNOlltlalN30N00 0 cfl 0 ca 0 <o o co v ui M u'i ~ 001S3H~JIH OZOZ Q (anOH L Wdd) NOlltlalN30N00 ~ rn `r rn ~ rn ~' rn ° of `O ad 001S3HOIH OZOZ (OtlOa 3Hl d0 SM31n) ~ _a J 9NINNtla lOtldWl lvnSln ~ N o ~ z Q C'1 (OtlOa 3H1 Woad SM31n) o , Q 'JNINNtla Allltlfl0lHflSln '- rn ~ ° ~ z ~%) AVMNaVd 3001a 3n19 vm N ~ vo ~ WOad N33S S1130 M31n N ~ N N M Z N y ~ Q S31atlONn08 ° ' ~ W 1N3WJ3S NIHlIM S311S N .- < - N N m ~~., lV S30N3aan0001tl101 . 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-. ~4 FIX 220! 1~ WHY? Overall traffic increased 59% (~80-90) Project 17% increase by 2020 Vehicle miles will rise 125% by 2020 Trucks comprise 20-28% of traffic Traffic is heavier than on I-64 W Truck traffic on I-64 is 13% 17 locations earn critical accident ratings 16 lives lost from 1/95 to 10/97 r ~-1 4 THE CRITICAL ISSUE ~ - Safet ~~~ Y (, ~~J ~ 1~ HOW THE ALTERNATIVES STACK U P NO BUILD TSM BUILD Increase Capacity X Improve Safety X X Enhance Economy X Improve Linkages X r -E 5 WHAT ARE THE COSTS? ALTERNATIVES COST* No-Build n.a. TSM $146 Build $1,100- 1,400 *millions r KEEP IN MIND TSM Alternative does not increase capacity or speed--it doesn't fix 220! It's impossible to ~~Fix 220" from Tanglewood to Boones Mill The difference between upgrading the current US 220 roadbed and building a new interstate is negligible -- it costs about the same. r ~~ -i 6 KEEP IN MIND Each $1 billion invested in building and upgrading the nation's highways since 1950 reduced highway fatalities by 1,400 over 40 years and saved $2 billion Virginia's economic dependence on highways is the ninth highest among all US states. Every $1 billion in transportation infrastructure generates more than $2 billion in economic activity Return 2:1 r POTENTIAL ECONOMIC BENEFITS Saving commute time Increasing productivity from saved commute Saving business travel time Saving transportation costs Increased short term jobs during construction 1~ ~-~ 7 POTENTIAL ECONOMIC BENEFITS Increased jobs in existing industry Creation of new jobs through relocation Increased annual gross regional product Increased personal income Increased population Increased housing Increased revenue from local and state taxes 1~ IT'S NOW OR NEVER Public Hearing Public Opinion Leadership Letters to the Editor Letters of Support r 1 ~~ s Interstate 73: It's Now or Never r 1 ROANOKE REGIONAL CHAMBER OF COMMERCE ~~ 9 Roanoke Valley BUSINESS COUNCIL November 10, 2000 Mr. Elmer C. Hodge, Jr. Roanoke County Administrator P. O. Box 29800 Roanoke, VA 24018-0798 Dear Mr. Hodge: PO Box 2021 „r Roanoke, VA 24022-2121 (540)985-2900 (540) 985-2426 Fax EXHIBIT "E During its regular quarterly membership meeting on October 20, 2000, the Roanoke Valley Business Council, comprised of the major employers in the Valley, adopted unanimously a resolution formalizing its continued support for the construction of proposed Interstate 73. The Council adopted this resolution -- a copy of which is enclosed -- realizing that serious and legitimate concerns had been voiced by environmental and other groups opposing construction of a new interstate highway, and it agreed that serious attention must be focused upon potential environmental impacts including those involving endangered species, alteration of water sources, and the quality of our air. The Council had also obtained and considered important data related to safety, mobility, economic development, and the physical linkage between the Valley and Virginia Tech, and concluded that the balance of these interests indicates a compelling need for the project -- constructed in a location which minimizes disruption to the citizens and environment of this area. The basis for the Business Council's action is further described in the enclosed letter of our Vice Chairman, Heywood Fralin, dated November 1, 2000 and addressed to Walter Rugaber, President and Publisher of The Roanoke Times. You are hereby provided these materials and advised of the Business Council's position in view of your very important role as decision maker and thought leader on this and other key issues affecting our Valley. The Council urges your support of proposed I-73 and will welcome your questions and comments on the enclosed position statements. Sincerely, v2 ~ Q~.,,.,. 4 R. Daniel Carson, Jr. Chairman dml Enclosure ~~ RESOLUTION WHEREAS, in November, 1994, the Roanoke Valley Business Council unanimously adopted a Resolution supporting the construction of proposed Interstate 73; and WHEREAS, serious and legitimate concerns have been raised by environmental and other groups as they have expressed opposition to the construction of Interstate 73; and WHEREAS, the Roanoke Valley Business Council is aware of and has significant concern for environmental issues, including issues regarding endangered species, water quality and air quality, and WHEREAS, the Roanoke Valley Business Council also believes very strongly that construction of Interstate 73 will enhance this region's traffic safety and mobility; and WHEREAS, there is strong evidence that existing U.S. Route 2201ocated between Roanoke and Greensboro currently handles a much higher volume of passenger and truck traffic than that for which it was designed, contributing to a high accident rate; and WHEREAS, there is also strong evidence that construction of Interstate 73 through the Roanoke Valley will be a catalyst for economic development and job growth throughout the region; and WHEREAS, the Roanoke Valley Business Council is of the opinion that construction of Interstate 73 will enhance the physical connection between the Roanoke Valley and Virginia Tech, which connection will present opportunities both to the educational community at Virginia Tech and the urban community of the Roanoke Valley. NOW THEREFORE, upon its further consideration of the major issues concerning the construction of Interstate 73, including issues involving environmental impact, economic development, safety and mobility, and, upon concluding that such issues will be addressed prior to the construction of Interstate 73, the Roanoke Valley Business Council hereby RESOLVES to continue its support for the construction of Interstate 73 from the Blacksburg area, through Roanoke and along the U.S. Route 220 corridor into North Carolina, and urges the Virginia Commonwealth Transportation Board to make final approval of the construction of Interstate 73 and select the route most desirous and least disruptive to the region. Adopted Unanimously: October 20, 2000 Chairman, Roanoke Valley Business Council ,, Roanoke Valley BUSINESS COUNCIL November 1, 2000 Mr. Walter Rugaber President and Publisher THE ROANOKE TIMES P. O. Box 2491 Roanoke, VA 24010 Dear Walter: PO Banc 2021 Roanoke, VA 24022-2121 (540)985-2900 (540) 985-2426 fax -1 On October 20, 2000, the Roanoke Valley Business Council, comprised of the major employers in the Roanoke Valley, unanimously adopted a resolution formalizing its continued support for the construction of proposed Interstate 73. The Council adopted this resolution realizing that serious and legitimate concerns had been voiced by environmental and other groups opposing construction of a new interstate highway, and it agreed that serious attention must be focused upon potential environmental impacts including those involving endangered species, alteration of water sources, and the quality of our air. The Council had also obtained and considered important data related to safety, mobility, economic development, and the physical linkage between the Valley and Virginia Tech, and concluded that the balance of these interests indicates a compelling need for the project -- constructed in a location which minimizes disruption to the citizens and environment of this area. The remaining options of (1) no construction at all or (2) improving existing Route 220 will not satisfactorily serve the residents and needs of the Valley. In 1995, the National Highway System Designation Act identified 1-73 as a high priority corridor from Detroit, Michigan to Charleston, South Carolina. The portion in Virginia, mandated by Congress and selected after a dozen alternate location studies in Southwestern Virginia, follows U.S. Route 460 from West Virginia, along the Smart Road in Montgomery County, to Interstate 81 and then I-581 into the Roanoke Valley, and generally along the U.S. Route 220 corridor into the Piedmont Triad in North Carolina. The selection of this route was in recognition of the contribution a new Interstate highway could make to this region in terms of economic development, safety and mobility. Improvement of safety is an important first consideration. The Route 220 corridor carries a high volume of passenger cars and a high volume of trucks. In fact, on some sections of the road, the percentage of truck traffic rivals or exceeds those e f ~- Mr. Walter Rugaber November 1, 2000 Page Two found on interstate highways including some portions of 1-81. Accident rates are high. According to published studies, there were more than 829 accidents over a three-year period from 1993-97. Twenty-two people lost their lives. Six hundred sixty- six people were injured. Recent reports also identified numerous locations along the corridor where accident rates based on vehicle miles traveled were excessive. (More than double normal rates for similar roads.) Steep grades, poor sight distances, uncontrolled access, and design standards appropriate to the 1950's contribute to safety problems. A new interstate roadway will address these deficiencies. Improvements to existing Route 220 will not achieve the needed level of safety improvement. In terms of economic development, published reports have also compared the development potential for 12 alternative corridors for 1-73. Clearly, the Route 220 corridor through Roanoke to Martinsville has the highest potential and serves an area hard hit by an economic downturn and job loss over the past several years. Although it is difficult to predict potential economic success, economists have shown that investment in highway infrastructure nationwide will generally return about $3 for every $1 expended. A VDOT study made for the "TransAmerica Corridor," which included an analysis of the Roanoke/Martinsville corridor, estimated as much as a $4 return in benefit for every $1 expended. Furthermore, the study showed a doubling of economic spending, a tripling of jobs, and a threefold increase in state and local revenues. One only has to look at the major growth areas of the country to understand that interstate highway access is an essential component of economic development. Commerce depends on access and jobs depend on commerce. Finally, in the longer term, completion of I-73 west of Roanoke will fulfill a long- standing desire on the part of the business and commercial community to provide a direct link between the Roanoke Valley and New River Valley over the Smart Road. This connection will provide both a physical and philosophical connection between the large urban community of Roanoke and the large educational and research communities at Virginia Tech. Just as Interstate transportation is a major factor in economic development, a connection with a major research university is no less so. We are today an information age society, and we place special emphasis on our research universities. The construction of 1-73 will bring Virginia Tech closer to the metropolitan Roanoke Valley and the Roanoke Valley closer to Virginia Tech. It is important for both. Regardless of the specific alignment one supports or opposes, the construction of a new Interstate 73 that will serve southwestern Virginia from Roanoke to Martinsville and to Blacksburg and beyond can only help improve f w Mr. Waiter Rugaber November 1, 2000 Page Three mobility, safety and convenience for the entire .traveling public and offer to our respective communities the opportunity to develop our economies for the health and welfare of all citizens of the region. It is important for all of us to get behind the effort and make 1-73 a reality. Sincerely, ~~,~ W. He ood Fralin Vice Chairman ~~ dml ~ -i The I-73 Location Study released by the Federal Highway Administration and Virginia Department of Transporta- tion (October 2000) studies three alternative -Build 73, TSM(minorimprovements) orNo-Build. These are the only three choices and the obvious choice is Build-73. k ~tOANp,~~ O~ . ~, 9 G'f o ~ AGENDA ITEM NO. 1838 APPEARANCE RE(~UEST PUBLIC NEARING -ORDINANCE 1/CITI2EN COMMENTS SUBJECT: I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL//VES L/STED BELOW; ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ~~l ~ ~Y[ ~P N/'~ ~~ ADDRESS:~V ~ C-- PHONE: ~~~~- ~U ~~ o~ ROAN AFL Z Z o~. a 1838 AGENDA ITEM NO. ~ -~ APPEARANCE REQUEST PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: Z'~3 I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW; ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her paint of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ lndividua/s speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ~~ `1~~/ ADDRES PHONE: O~ POANO~F` ~, 9 z ~ Z o. a 1838 AGENDA ITEM NO. ~ - APPEARANCE REQUEST PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: -~- ~'3 I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW; ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: E'~ ADDRESS: J`~ 3 5 ~/ / ~19~ ~/(/~ PHONE: 7~~~ ~~~IG O~ QOANO~~` a 9 ~~ ~ z Z o~. a 1838 AGENDA ITEM NO. E- 1 APPEARANCE REQUEST PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: L' I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW; ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ~ (/j,., ~'~Q.i ~ i,r-- ADDRESS: (,D I ~ ~i Lt~~ Qi'.u~r+- PHONE: ~~~~e~~._..,. ~,~ 2 ~ t~'' '9' Z. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELDATTHE ROANOKE COUNTYADMINISTRATIONCENTER, TUESDAY, DECEMBER 5, 2000 RESOLUTION 120500-3 APPROVING STATEWIDE MUTUAL AID FOR EMERGENCY MANAGEMENT WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 2000, as amended (Title 44, Chapter 3.2 of the Code of Virginia, 1950, as amended) authorizes the Commonwealth and its political subdivisions to provide emergency aid and assistance in the event of a major disaster; and, WHEREAS, the statutes also authorize the State Emergency Operations Center to coordinate the provision of any equipment, services or facilities owned or organized by the Commonwealth or its political subdivisions for use in the affected area upon request of the duly constituted authority of the area; and WHEREAS, this Resolution authorized the request, provision, and receipt of interjurisdictional mutual aid in accordance with Title 44, Chapter 3.2 of the Code of Virginia, 1950, as amended, among political subdivisions, other authorized entities and officers within the Commonwealth; WHEREAS, the authorized representative for the County of Roanoke shall be the County Administrator or his designee; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the County of Roanoke shall have the authority to participate in Statewide Mutual Aid in the event of emergency or disaster in accordance with the following terms and conditions, which shall be in the nature of a compact and agreement among participating entities which have adopted similar executive orders, ordinances or resolutions. This Statewide Mutual Aid program may include requests for and provision of personnel, equipment, material and other forms of assistance, or any combination of assistance, to any entity within the Commonwealth, pursuant to the following terms and conditions: SECTION 1. DEFINITIONS A. "EVENT AGREEMENT" - a contract between two member political subdivisions entered into at the time of emergency in which the Assisting Party agrees to provide specified resources to the Requesting Party under the terms and conditions specified in the Agreement. B. "REQUESTING PARTY" -the member political subdivision requesting aid in the event of an emergency or disaster and participating in the Statewide Mutual Aid Program pursuant to the terms and conditions of this Resolution. C. "ASSISTING PARTY" -the member political subdivision furnishing equipment, services and/or manpower to the Requesting Party, and participating in the Statewide Mutual Aid Program ("the Program") pursuant to terms consistent with those in this Resolution. D. "AUTHORIZED REPRESENTATIVE" - an officer or employee of a member political subdivision authorized in writing by that entity to request, offer, or provide assistance under the terms of this Resolution. E. "DEPARTMENT" -the Department of Emergency Management. F. "EMERGENCY" --any occurrence, or threat thereof, whether natural, or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population, substantial damage to or loss of property, or substantial harm to the environment. G. "DISASTER" -- any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by the Governor or the President of the United States. H. "IMPLEMENTATION GUIDEBOOK" -- Guidance document promulgated by the Department to assist member political subdivisions with Statewide mutual aid activities, to provide procedures and minimum standards for participation, and to provide for compliance with state and federal reimbursement requirements. I. "MAJOR DISASTER" -- a disaster which is likely to clearly exceed local capabilities and require a broad range of state and federal assistance. J. "MEMBER POLITICAL SUBDIVISION" -- any political subdivision or authorized officer or agency within the Commonwealth of Virginia which maintains its own emergency services organization and plan and which enacts an ordinance or resolution or promulgates an executive order with terms substantially similar to those set out in this Resolution, authorizing Statewide mutual aid pursuant to Title 44 of the Virginia Code. K. "STATE EOC" -- the Virginia Emergency Operations Center from which assistance to localities is coordinated when local emergency response and recovery resources are overwhelmed. This facility is operated by the Virginia Department of Emergency Management. SECTION 2. PROCEDURES FOR PROVISION OF MUTUAL AID When a member political subdivision either becomes affected by, or is under imminent threat of an emergency or disaster and, as a result, has officially declared an emergency, it may request emergency-related mutual aid assistance by: (1) submitting a Request for 2 Assistance to an Assisting Party or to the State EOC, or (2) orally communicating a request for mutual aid assistance to an Assisting Party or to the State EOC, followed as soon as practicable by written confirmation of the request. Mutual aid shall not be requested by a member political subdivision unless resources available within the stricken area are deemed to be inadequate. All requests for mutual aid must be transmitted by the Authorized Representative ofthe member political subdivision orthe Directorof Emergency Management. No member political subdivision shall be required to provide mutual aid unless it determines that it has sufficient resources to do so. A. REQUESTS DIRECTLY TO ASSISTING PARTY: The Requesting Party may directly contact the Authorized Representative of the Assisting Party and provide the information in the Request Form prescribed in the SMA Implementation Guidebook. Each Assisting Party must communicate directly with the Requesting Party in order to execute an Event Agreement. The Requesting Party shall be responsible for keeping the State EOC advised of the status of mutual aid activities. B. REQUESTS ROUTED THROUGH, OR ORIGINATING FROM THE STATE EOC: The Requesting Party may directly contact the State EOC, in which case it shall provide the information in the Request Form in the SMA Implementation Guidebook. The State EOC may then contact other member political subdivisions on behalf of the Requesting Party. Once identified, each Assisting Party must communicate directly with the Requesting Party in order to execute an Event Agreement. C. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER ASSISTANCE: When contacted by a Requesting Party, or by the State EOC on behalf of a Requesting Party, the Authorized Representative of any member political subdivision agrees to assess local resources to determine available personnel, equipment and other assistance. D. SUPERVISION AND CONTROL: When providing assistance underthe terms ofthis Agreement, the personnel, equipment, and resources of any Assisting Party will be under the operational control of the Requesting Party, which shall advise supervisory personnel of the Assisting Party of work tasks, for assignment to personnel. Direct supervision and control of personnel, equipment and resources shall remain with the designated supervisory personnel of the Assisting Party. The designated supervisory personnel of the Assisting Party shall: maintain daily personnel time records, material records, and a log of equipment hours; be responsible for the operation and maintenance of the equipment and other resources furnished by the Assisting Party; and shall report work progress to the Requesting Party. The Assisting Party's personnel and other resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party. At least twenty-four hour advance notification of intent to withdraw personnel or resources shall be provided to the Requesting Party unless such notice is not practicable, in which case such notice as is reasonable shall be provided. 3 E. FOOD, HOUSING, AND SELF-SUFFICIENCY: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility of providing food and housing for the personnel of the Assisting Party from the time of their arrival at the designated location to the time of their departure. However, Assisting Party personnel and equipment should be, to the greatest extent possible, self-sufficient while working in the emergency or disaster area. The Requesting Party may specify only self-sufficient personnel and resources in its request for assistance. F. COMMUNICATIONS: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility for coordinating communications between the personnel of the Assisting Party and the Requesting Party. Assisting Party personnel should be prepared to furnish communications equipment sufficient to maintain communications among their respective operating units. G. RIGHTS AND PRIVILEGES: Whenever the officials, employees and volunteers of the Assisting Party are rendering aid pursuant to this Agreement, such employees shall have the powers, duties, rights, privileges, and immunities, and shall receive the compensation, incidental to their employment or position. H. TERM OF DEPLOYMENT: The initial duration of a request for assistance is normally seven days and may be extended, if necessary, in seven day increments. However, the duration may be shorter or longer as reflected in the Event Agreement. I. SUMMARY REPORT: Within ten days of the return of all personnel deployed under SMA, the Requesting Party will prepare a Summary Report of the event, and provide copies to each Assisting Party and to the Department. The Report shall be in a format prescribed by the Department and shall include a chronology of events and description of personnel, equipment and materials provided by one party to the other. SECTION 3. REIMBURSABLE EXPENSES The terms and conditions governing reimbursement for any assistance provided pursuant to this Resolution shall be in accordance with the following provisions, unless otherwise agreed upon by the Requesting and Assisting Parties and specified in the Event Agreement. A. PERSONNEL: During the period of assistance, the Assisting Party shall continue to pay its employees according to its then prevailing ordinances, rules, and regulations. The Requesting Party shall reimburse the Assisting Party for all direct and indirect payroll costs and expenses (including travel expenses, benefits, workers' compensation claims and expenses) incurred during the period of assistance, unless agreed to otherwise by the parties in the Event Agreement. B. EQUIPMENT: The Assisting Party shall be reimbursed by the Requesting Party for the use of its equipment during the period of assistance according to either a 4 pre-established local or state hourly rate or according to the actual replacement, operation, and maintenance expenses incurred. For those instances in which some costs may be reimbursed by the Federal Emergency Management Agency, the eligible direct costs shall be determined in accordance with 44 CFR 206.228, or other regulations in effect at the time of the disaster. Each Party shall maintain its own equipment in safe and operational condition. At the request of the Assisting Party, fuels, miscellaneous supplies, and minor repairs may be provided by the Requesting Party, if practical. If the equipment charges are based on apre-established local or state hourly rate, then these charges to the Requesting Party shall be reduced by the total value of the fuels, supplies, and repairs furnished by the Requesting Party and by the amount of any insurance proceeds received by the Assisting Party. C. MATERIALS AND SUPPLIES: The Assisting Party shall be reimbursed for all materials and supplies furnished by it and used or damaged during the period of assistance, except for the costs of equipment, fuel and maintenance materials, labor and supplies, which shall be included in the equipment rate established above, unless such damage is caused by gross negligence, or willful and wanton misconduct of the Assisting Party's personnel. The measure of reimbursement shall be determined in accordance with 44 CFR 206.228 or other regulations in effect at the time of the disaster. In the alternative, the Parties may agree that the Requesting Party will replace, with like kind and quality as determined by the Assisting Party, the materials and supplies used or damaged. If such an agreement is made, it shall be reduced to writing and transmitted to the Department. D. RECORD KEEPING: The Assisting Party shall maintain records and submit invoices for reimbursement by the Requesting Party in accordance with existing policies and practices. Requesting Party and Department finance personnel shall provide information, directions, and assistance for record keeping to Assisting Party personnel. Later, Department personnel will provide assistance to the Requesting Party in seeking federal/state reimbursement. E. PAYMENT: Unless otherwise mutually agreed, the Assisting Party shall bill the Requesting Party for all reimbursable expenses with an itemized statement as soon as practicable after the expenses are incurred, but not later than sixty (60) days following the period of assistance, unless the deadline for identifying damage is extended in accordance with applicable federal or State regulations. The Requesting Party shall pay the bill, or advise of any disputed items, not later than sixty (60) days following receipt of the statement, unless otherwise agreed upon. F. WAIVER OF REIMBURSEMENT: A member political subdivision may assume or donate, in whole or in part, the costs associated with any loss, damage, expense or use of personnel, equipment and resources provided. SECTION 4. INSURANCE 5 A. WORKERS' COMPENSATION COVERAGE: Each member political subdivision shall be responsible for its own actions and those of its employees and is responsible for complying with the Virginia Workers' Compensation Act. B. AUTOMOBILE LIABILITY COVERAGE: Each member political subdivision shall be responsible for its own actions and is responsible for complying with the Virginia motor vehicle financial responsibility laws. Member political subdivisions agree to obtain automobile liability coverage with a limit of at least $1,000,000 combined single limit and coverage for owned, non-owned, and hired vehicles. It is understood that the local government may include in the emergency response volunteer companies that have motor vehicles titled in the name of the volunteer company. It is the responsibility of each member political subdivision to determine if the volunteer company has automobile liability coverage as outlined in this section. C. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT LIABILITY: To the extent permitted by law and without waiving sovereign immunity, each member political subdivision shall be responsible for any and all claims, demands, suits, actions, damages, and causes for action related to or arising out of or in any way connected with its own actions, and the actions of its personnel in providing mutual aid assistance rendered or performed pursuant to the terms and conditions of this Resolution. Each member political subdivision agrees to obtain general liability, public officials liability and law enforcement liability, if applicable, with minimum single limits of no less than one million dollars. SECTION 5. ROLE OF THE DEPARTMENT OF EMERGENCY MANAGEMENT The Department shall, during normal operations, provide staff support to political subdivisions, officers and authorized agencies, serve as the central depository for agreements, resolutions, ordinances and executive orders, maintain a current listing of member political subdivisions, and provide a copy of this listing to each on an annual basis. The State EOC shall, during emergency operations, (1) request mutual aid on behalf of a member political subdivision, underthe circumstances identified in this Agreement, (2) keep a record of all Requests for Assistance and Acknowledgments, (3) report on the status of ongoing emergency or disaster-related mutual aid as appropriate, and assist participants in meeting all procedural and other requirements, including those pertaining to federal and state cost reimbursement. SECTION 6. SEVERABILITY AND THE EFFECT ON OTHER RESOLUTIONS Should any portion, section, or subsection of this Resolution be held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, section or subsection; and the remaining portions of this Resolution shall remain in full force and effect without regard to the section, portion, or subsection or power invalidated. In the event that any parties to this Resolution have entered into other mutual aid agreements, those parties agree that said agreement will remain in effect unless they conflict in principle 6 with this Resolution in which case they are superseded by this Resolution. In the event that two or more parties to this Resolution have not entered into another agreement, and the parties wish to engage in mutual aid, then the terms and conditions of this Resolution shall apply between those parties. This resolution shall be in full force and effect from and after its adoption. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, McNamara NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Virginia Department of Emergency Services Anne Marie Green, Director, General Services Richard E. Burch, Chief, Fire & Rescue Joseph B. Obenshain, Senior Assistant County Attorney Mary F. Parker, Clerk, Roanoke City Council Forest Jones, Salem City Manager Carolyn S. Ross, Clerk, Vinton Town Council James D. Campbell, Executive Director, Virginia Association of Counties Item No. ~- o~ AT A REGULAR MEETING OF THE ROANOKE COUNTY, VIRGINIA BOARD OF SUPERVISORS, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ROANOKE COUNTY, VIRGINIA MEETING DATE: December 5, 2000 AGENDA ITEM: Request for Approval of Authorizing Resolution to Participate in Statewide Mutual Aid Program COUNTY ADMINISTRATOR'S COMMENTS: This is a great program. Recommend approval. ACKGROUND: During times of disaster, localities throughout the state have relied on assistance from other jurisdictions in responding to emergency situations. Localities have loaned both equipment and personnel to deal with forest fires, chemical spills, flooding and weather related disasters, but financial cost and liability issues have often delayed or even prevented sharing of resources. Additionally, the formal mutual aid agreements which do exist generally pertain to public safety issues, even though most major disasters require a wide range of response. It is anticipated that the following County functions would be typically involved in providing assistance, although any and all departments could be needed, depending on the type of disaster: Public Safety -police, fire, rescue and sheriff General Services -solid waste crews and vehicles, building maintenance, custodial, garage Real Estate Assessment -appraisers to assess dollar amount of damage Utility Department -repair crews and vehicles, water treatment plant operators, supervisors Community Development -engineers, building inspectors To address these issues, the Virginia Department of Emergency Management has developed a Statewide Mutual Aid Program. The program will resolve liability and reimbursement issues up front, before a disaster, and allow two or more localities to enter into a mutual aid agreement or contract quickly. Governing bodies enter into an Authorizing Resolution, which remains in effect for one year, and is automatically renewed for successive one-year terms. The resolution addresses liability issues and establishes simple procedures to assure proper reimbursement and auditing. The program will not interfere with any mutual aid already in existence, but will provide additional protection. It is also entirely voluntary, so that local governments can make the decision about which resources, if any, are available during a particular event. To be eligible for assistance under this program, however, a locality must approve an Authorizing Resolution before the emergency situation. The Implementation Guidebook for the program provides for notification to and approval of the Chief Administrative Officer or his or her designee when assistance is required from a locality. ~~~ Staff from the four Roanoke Valley governments, including representatives from public safety and public works agencies, have met to review the plan. The staff was enthusiastic, and recommended that all four jurisdictions adopt the resolution. Vinton will consider the resolution on December 5, the City on December 18, and Salem in January. Additionally, the staff recommended that if any one of the four governments receives a request under the program it should immediately be referred to the other three for additional assistance. The County Attorney has reviewed the documentation and has prepared the attached resolution. The County's management team, consisting of all department heads, has also been briefed on this program, and unanimously supported the concept. Attached is a list of the Committee which created the plan, as well as a list of localities which have already adopted an authorizing resolution. FISCAL IMPACT: There is no fiscal impact to approving the Authorizing Resolution, and the program is entirely voluntary. Inmost cases, any government providing assistance during a declared disaster will be reimbursed for expenses incurred in helping other jurisdictions, either by that jurisdiction, or the state or federal government. STAFF RECOMMENDATION: Staff recommends that the Board approve the attached Authorizing Resolution and authorize the County Administrator or his designee as the contact person under the Statewide Mutual Aid Program. Respectfully submitted, ~!YCG~-Q-e_ ~Q ~c ~~t. Anne Marie Green Director of General Services r.~ ~' ~ Richard E. Burch, Jr. Chief, Fire and Rescue iyu/ ~~ Elme C. Hodge County Administrator ACTION No Yes Abs Approved ()Motion by: Denied ( ) Received ( ) Referred to Johnson - _ _ Minnix Church Nickens McNamara 2 ~`_"" ~"~ Statewide Mutual Aid Committee The SMA Implementation Guidebook was developed by the SMA Committee which consists of the following representatives from the following agencies and organizations: Selby C. Jacobs, Chairman State Fire Chiefs Association of Virginia Lisa Barker Local Government Attorneys of Virginia James D. Campbell Virginia Association of Counties Eddie Carter Virginia State Fire Fighters Association (Staunton) Dreama Chandler Virginia Association of Volunteer Rescue Squads Carl Cimino Virginia Department of Fire Programs Greg Dickie Virginia Municipal League John W. Jones Virginia Sheriffs Association Bill Edmonson Virginia Department of Emergency Management Stephen T. Eilert Virginia Association of Chiefs of Police Walter Green Office of Emergency Medical Services/University of Richmond L. Ralph Jones, Jr. Virginia Department of Emergency Management Carl Josephson Office of the Attorney General Bob Koester Virginia Search and Rescue Council Steve Kopczynski State Fire Chiefs Association of Virginia Paul Logan Virginia Hazardous Materials Association R. Michael Mohler Virginia Professional Fire Fighters Don Morton Virginia Department of Forestry (Retired) Larry McAndrews Virginia Department of Fire Programs Tedd E. Povar Virginia Institute of Government William C. Porter Virginia Municipal League (James City County) Wanda Reed Virginia Emergency Management Association (City of Roanoke) Lou Southard Virginia Department of Forestry C. Everette Vaughan, Jr. Office of Emergency Medical Services Jim Wagenbach State Fire Chiefs Association of Virginia Doug Walker Virginia Local Government Management Association Charles Werner State Fire Chiefs Association of Virginia 4 ~~~ Statewide Mutual Aid Member Localities (11/27/00): (The following localities have adopted an authorizing resolution.) City of Alexandria James City County Amelia County King and Queen County Amherst County Lee County Bath County Loudoun County City of Bedford Madison County Bland County City of Manassas Park Botetourt County Mecklenburg County Buchanan County New Kent County Carroll County Northampton County Charles City County Pittsylvania County Chesterfield County City of Poquoson Town of Chincoteague Powhatan County Clarke County Prince Edward County City of Colonial Heights Prince William County Cumberland County Pulaski County Essex County Rockingham County Town of Farmville Russell County Franklin County Shenandoah County City of Franklin Southampton County Frederick County City of Staunton City of Fredericksburg Tazewell County Gloucester County Washington County Greeneville County Warren County Goochland County City of Williamsburg Henry County Wise County Highland County Wythe County City of Hopewell York County Isle of Wight County Total: 55 5 ~" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 5, 2000 RESOLUTION APPROVING STATEWIDE MUTUAL AID FOR EMERGENCY MANAGEMENT WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 2000, as amended (Title 44, Chapter 3.2 of the Code of Virginia, 1950, as amended) authorizes the Commonwealth and its political subdivisions to provide emergency aid and assistance in the event of a major disaster; and, WHEREAS, the statutes also authorize the State Emergency Operations Center to coordinate the provision of any equipment, services or facilities owned or organized by the Commonwealth or its political subdivisions for use in the affected area upon request of the duly constituted authority of the area; and WHEREAS, this Resolution authorized the request, provision, and receipt of interjurisdictional mutual aid in accordance with Title 44, Chapter 3.2 of the Code of Virginia, 1950, as amended, among political subdivisions, other authorized entities and officers within the Commonwealth; WHEREAS, the authorized representative for the County of Roanoke shall be the County Administrator or his designee; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the County of Roanoke shall have the authority to participate in Statewide Mutual Aid in the event of emergency or disaster in accordance with the following terms and conditions, which shall be in the nature of a compact and agreement among participating entities which have adopted similar executive orders, ordinances or resolutions. This Statewide Mutual Aid program may include requests for and provision of personnel, equipment, material and other forms of assistance, or any combination of assistance, to any entity within the Commonwealth, pursuant to the following terms and conditions: SECTION 1. DEFINITIONS A. "EVENT AGREEMENT" - a contract between two member political subdivisions entered into at the time of emergency in which the Assisting Party agrees to provide specified resources to the Requesting Party under the terms and conditions specified in the Agreement. B. "REQUESTING PARTY" -the member political subdivision requesting aid in the event of an emergency or disaster and participating in the Statewide Mutual Aid Program pursuant to the terms and conditions of this Resolution. C. "ASSISTING PARTY" -the member political subdivision furnishing equipment, services andlor manpower to the Requesting Party, and participating in the Statewide Mutual Aid Program ("the Program") pursuant to terms consistent with those in this Resolution. D. "AUTHORIZED REPRESENTATIVE" - an officer or employee of a member political subdivision authorized in writing by that entity to request, offer, or provide assistance under the terms of this Resolution. ~~ E. "DEPARTMENT" -the Department of Emergency Management. F. "EMERGENCY" -- any occurrence, or threat thereof, whether natural, or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population, substantial damage to or loss of property, or substantial harm to the environment. G. "DISASTER" -- any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by the Governor or the President of the United States. H. "IMPLEMENTATION GUIDEBOOK" -- Guidance document promulgated by the Department to assist member political subdivisions with Statewide mutual aid activities, to provide procedures and minimum standards for participation, and to provide for compliance with state and federal reimbursement requirements. I. "MAJOR DISASTER" -- a disaster which is likely to clearly exceed local capabilities and require a broad range of state and federal assistance. J. "MEMBER POLITICAL SUBDIVISION" -- any political subdivision or authorized officer or agency within the Commonwealth of Virginia which maintains its own emergency services organization and plan and which enacts an ordinance or resolution or promulgates an executive order with terms substantially similar to those set out in this Resolution, authorizing Statewide mutual aid pursuant to Title 44 of the Virginia Code. K. "STATE EOC" -- the Virginia Emergency Operations Center from which assistance to localities is coordinated when local emergency response and recovery resources are overwhelmed. This facility is operated by the Virginia Department of Emergency Management. SECTION 2. PROCEDURES FOR PROVISION OF MUTUAL AID When a member political subdivision either becomes affected by, or is under imminent threat of an emergency or disaster and, as a result, has officially declared an emergency, it may request emergency-related mutual aid assistance by: (1) submitting a Request for Assistance to an Assisting Party or to the State EOC, or (2) orally communicating a request for mutual aid assistance to an Assisting Party or to the State EOC, followed as soon as practicable by written confirmation of the request. Mutual aid shall not be requested by a member political subdivision unless resources available within the stricken area are deemed to be inadequate. All requests for mutual aid must be transmitted by the Authorized Representative of the member political subdivision or the Director of Emergency Management. No member political subdivision shall be required to provide mutual aid unless it determines that it has sufficient resources to do so. A. REQUESTS DIRECTLY TO ASSISTING PARTY: The Requesting Party may directly contact the Authorized Representative of the Assisting Party and provide the information in the Request Form prescribed in the SMA Implementation Guidebook. Each Assisting Party must communicate directly with the Requesting Party in order to execute an Event Agreement. The Requesting Party shall be responsible for keeping the State EOC advised of the status of mutual aid activities. 2 ~~ B. REQUESTS ROUTED THROUGH, OR ORIGINATING FROM THE STATE EOC: The Requesting Party may directly contact the State EOC, in which case it shall provide the information in the Request Form in the SMA Implementation Guidebook. The State EOC may then contact other member political subdivisions on behalf of the Requesting Party. Once identified, each Assisting Party must communicate directly with the Requesting Party in order to execute an Event Agreement. C. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER ASSISTANCE: When contacted by a Requesting Party, or by the State EOC on behalf of a Requesting Party, the Authorized Representative of any member political subdivision agrees to assess local resources to determine available personnel, equipment and other assistance. D. SUPERVISION AND CONTROL: When providing assistance under the terms of this Agreement, the personnel, equipment, and resources of any Assisting Party will be under the operational control of the Requesting Party, which shall advise supervisory personnel of the Assisting Party of work tasks, for assignment to personnel. Direct supervision and control of personnel, equipment and resources shall remain with the designated supervisory personnel of the Assisting Party. The designated supervisory personnel of the Assisting Party shall: maintain daily personnel time records, material records, and a log of equipment hours; be responsible for the operation and maintenance of the equipment and other resources furnished by the Assisting Party; and shall report work progress to the Requesting Party. The Assisting Party's personnel and other resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party. At least twenty-four hour advance notification of intent to withdraw personnel or resources shall be provided to the Requesting Party unless such notice is not practicable, in which case such notice as is reasonable shall be provided. E. FOOD, HOUSING, AND SELF-SUFFICIENCY: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility of providing food and housing for the personnel of the Assisting Party from the time of their arrival at the designated location to the time of their departure. However, Assisting Party personnel and equipment should be, to the greatest extent possible, self-sufficient while working in the emergency or disaster area. The Requesting Party may specify only self-sufficient personnel and resources in its request for assistance. F. COMMUNICATIONS: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility for coordinating communications between the personnel of the Assisting Party and the Requesting Party. Assisting Party personnel should be prepared to furnish communications equipment sufficient to maintain communications among their respective operating units. G. RIGHTS AND PRIVILEGES: Whenever the officials, employees and volunteers of the Assisting Party are rendering aid pursuant to this Agreement, such employees shall have the powers, duties, rights, privileges, and immunities, and shall receive the compensation, incidental to their employment or position. H. TERM OF DEPLOYMENT: The initial duration of a request for assistance is normally seven days and maybe extended, if necessary, in seven day increments. However, the duration maybe shorter or longer as reflected in the Event Agreement. I. SUMMARY REPORT: Within ten days of the return of all personnel deployed under SMA, the Requesting Party will prepare a Summary Report of the event, and provide copies to each Assisting Party and to the Department. The Report shall be in a format prescribed by the Department and shall include a ~~~ chronology of events and description of personnel, equipment and materials provided by one party to the other. SECTION 3. REIMBURSABLE EXPENSES The terms and conditions governing reimbursement for any assistance provided pursuant to this Resolution shall be in accordance with the following provisions, unless otherwise agreed upon by the Requesting and Assisting Parties and specified in the Event Agreement. A. PERSONNEL: During the period of assistance, the Assisting Party shall continue to pay its employees according to its then prevailing ordinances, rules, and regulations. The Requesting Party shall reimburse the Assisting Party for all direct and indirect payroll costs and expenses (including travel expenses, benefits, workers' compensation claims and expenses) incurred during the period of assistance, unless agreed to otherwise by the parties in the Event Agreement. B. EQUIPMENT: The Assisting Party shall be reimbursed by the Requesting Party for the use of its equipment during the period of assistance according to either apre-established local or state hourly rate or according to the actual replacement, operation, and maintenance expenses incurred. For those instances in which some costs may be reimbursed by the Federal Emergency Management Agency, the eligible direct costs shall be determined in accordance with 44 CFR 206.228, or other regulations in effect at the time of the disaster. Each Party shall maintain its own equipment in safe and operational condition. At the request of the Assisting Party, fuels, miscellaneous supplies, and minor repairs maybe provided by the Requesting Party, if practical. If the equipment charges are based on apre-established local or state hourly rate, then these charges to the Requesting Party shall be reduced by the total value of the fuels, supplies, and repairs furnished by the Requesting Party and by the amount of any insurance proceeds received by the Assisting Party. C. MATERIALS AND SUPPLIES: The Assisting Party shall be reimbursed for all materials and supplies furnished by it and used or damaged during the period of assistance, except for the costs of equipment, fuel and maintenance materials, labor and supplies, which shall be included in the equipment rate established above, unless such damage is caused by gross negligence, or willful and wanton misconduct of the Assisting Party's personnel. The measure of reimbursement shall be determined in accordance with 44 CFR 206.228 or other regulations in effect at the time of the disaster. In the alternative, the Parties may agree that the Requesting Party will replace, with like kind and quality as determined by the Assisting Party, the materials and supplies used or damaged. If such an agreement is made, it shall be reduced to writing and transmitted to the Department. D. RECORD KEEPING: The Assisting Party shall maintain records and submit invoices for reimbursement by the Requesting Party in accordance with existing policies and practices. Requesting Party and Department finance personnel shall provide information, directions, and assistance for record keeping to Assisting Party personnel. Later, Department personnel will provide assistance to the Requesting Party in seeking federal/state reimbursement. E. PAYMENT: Unless otherwise mutually agreed, the Assisting Party shall bill the Requesting Party for all reimbursable expenses with an itemized statement as soon as practicable after the expenses are incurred, but not later than sixty (60) days following the period of assistance, unless the deadline for identifying damage is extended in accordance with applicable federal or State regulations. The Requesting 4 ~° Party shall pay the bill, or advise of any disputed items, not later than sixty (60) days following receipt of the statement, unless otherwise agreed upon. F. WAIVER OF REIMBURSEMENT: A member political subdivision may assume or donate, in whole or in part, the costs associated with any loss, damage, expense or use of personnel, equipment and resources provided. SECTION 4. INSURANCE A. WORKERS' COMPENSATION COVERAGE: Each member political subdivision shall be responsible for its own actions and those of its employees and is responsible for complying with the Virginia Workers' Compensation Act. B. AUTOMOBILE LIABILITY COVERAGE: Each member political subdivision shall be responsible for its own actions and is responsible for complying with the Virginia motor vehicle financial responsibility laws. Member political subdivisions agree to obtain automobile liability coverage with a limit of at least $1,000,000 combined single limit and coverage for owned, non-owned, and hired vehicles. It is understood that the local government may include in the emergency response volunteer companies that have motor vehicles titled in the name of the volunteer company. It is the responsibility of each member political subdivision to determine if the volunteer company has automobile liability coverage as outlined in this section. C. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT LIABILITY: To the extent permitted by law and without waiving sovereign immunity, each member political subdivision shall be responsible for any and all claims, demands, suits, actions, damages, and causes for action related to or arising out of or in any way connected with its own actions, and the actions of its personnel in providing mutual aid assistance rendered or performed pursuant to the terms and conditions of this Resolution. Each member political subdivision agrees to obtain general liability, public officials liability and law enforcement liability, if applicable, with minimum single limits of no less than one million dollars. SECTION 5. ROLE OF THE DEPARTMENT OF EMERGENCY MANAGEMENT The Department shall, during normal operations, provide staff support to political subdivisions, officers and authorized agencies, serve as the central depository for agreements, resolutions, ordinances and executive orders, maintain a current listing of member political subdivisions, and provide a copy of this listing to each on an annual basis. The State EOC shall, during emergency operations, (1) request mutual aid on behalf of a member political subdivision, under the circumstances identified in this Agreement, (2) keep a record of all Requests for Assistance and Acknowledgments, (3) report on the status of ongoing emergency or disaster-related mutual aid as appropriate, and assist participants in meeting all procedural and other requirements, including those pertaining to federal and state cost reimbursement. SECTION 6. SEVERABILITY AND THE EFFECT ON OTHER RESOLUTIONS Should any portion, section, or subsection of this Resolution be held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, section or subsection; and the remaining portions of this Resolution shall remain in full force and effect without regard to the section, portion, or 5 ` • e~ subsection or power invalidated. In the event that any parties to this Resolution have entered into other mutual aid agreements, those parties agree that said agreement will remain in effect unless they conflict in principle with this Resolution in which case they are superseded by this Resolution. In the event that two or more parties to this Resolution have not entered into another agreement, and the parties wish to engage in mutual aid, then the terms and conditions of this Resolution shall apply between those parties. This resolution shall be in full force and effect from and after its adoption. G:~ATTORNEYUBO~FIREUviutualAid. Resolution.122000.wpd 6 ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2000 SUBJECT: First Reading of Ordinance Authorizing Creation of and Financing for a Local Public Works Improvement Project -Webster Road Water Project COUNTY ADMINISTRATOR'S C~O~M~MENTS: BACKGROUND: The Roanoke County Utility Department has been advised that private wells serving properties on Webster Road yield water of poor quality, which requires extensive in-home water treatment systems. On August 16, Utility Department staff subsequently received a petition with 6 signatures from property owners along Webster Road to extend public water lines to serve their properties. Public water presently exists at the intersection of Laban Road and Webster Road. Utility star considered a study area larger than the initial petition area since a large area without public water and sanitary sewer adjoins the area of the submitted petition. Also several individual requests have been received in the past from the adjoining area. Utility Department staff explored various options and prepared a preliminary feasibility study. SUMMARY OF INFORMATION: Letters were mailed on September 20, 2000 to 95 property owners on Webster Road, Laban Road, Dallas Road, Goff Road, Loman Drive, and Enon Drive with responses due on October 4, 2000. Only 43 property owners responded to the initial mailing for the larger project. Out of these responses only 9 property owners were interested in public water service. However, sufficient support (5 positive responses) existed along Webster Road to proceed with a smaller scale project consisting of a water line extension, which would serve 10 properties. Based on the location of properties agreeing to participate, the proposed service area was established as shown on the attached map. Utility Department staff has determined that the cost to extend public water lines approximately 850 feet to serve the 10 properties in the proposed service area would be $44,550. ~~ The attached ordinance establishes a special service area for the project with each participating property owner paying his/her share of the cost through a special connection fee as shown below. The ordinance also establishes a method of financing at an interest rate of 8% for a period of up to 10 years for those property owners who participate initially. This connection fee includes the fair share of the construction cost required to extend the public water system to serve the subject properties along Webster Road, as well as, 50 percent of the off-site water facility fee of $2,690. Basic Construction Cost $4,455.00 Off-Site Facilit Fee w/50% Credit 1.345.00 TOTAL CONNECTION FEE $5,800.00 The fee proposed above would be applicable, only if the property owner financially committed to participate in the proposed project prior to or during the 90-day grace period cited below. FISCAL IMPACT: The estimated cost of the project is $44,550. It is anticipated that with 50 percent participation of property owners on Webster Road funding of $22,275 from the Public Works Participation Fund will be required. RECOMMENDATION: Staff recommends proceeding with this project and allowing a 90-day grace period. Properties not participating within this time period would pay their share of construction plus a 20% increase and the full off-site facility fee should they connect at a later date. Based on present fees, the cost to connect at a later date would be $8,036.00. SUBMITTED BY: ~~ Gary Robe on, P.E. Utility Director ACTION Approved () Motion by: Denied ( ) Received ( ) Referred to APPROVED: Elmer C. Hodge County Administrator Church Johnson McNamara Minnix Nickens VOTE No Yes Abs f-1 L~9i '~2~ w P2i ~~°~ ~~ Q 4.~ Q CCd F Q a ~ o "~ 0 ~ z i N N d (~ v ~ D ~ ~ x O ~~++ N^ 1r V~Q 'fQ i i i ~~ O ~ m~ r-1 f i +~ ~ a, 1 1 i 1 1 I i 1 i ~' Qt 4 1 i 1 1 I Lr ~~ N ~ Al a~ ~ ~~ 1 i 1 1 1 i I ~`t ~~ 1 1 1 o ~ Z c y. a o 00 :j o ~ ~ a ~ p ~ x 3 ~ N ~ z o M N d. ~ . ~o °?~ ° i ~, x \A\~ ~ ~ ~ ~' N, ~ N ~ Z O ~ a r o m ° ~ ~ N ~ ~ ~ o ~ x ~ 3 ,° N \ T \ •D \ ~ ~{ ~ \\ ~ N ~\ p ~~ O N \\\ ~ N \ ~ O ` \ y~ x O h ~~ ~ N \\ ~ \ Z o i\ 0 `\ \~ p ~\ ~ n \\\~ o\ `, ~ \ p h\ F-• N \ o ~ \ ~\z ° \co n ~ ~~\\\h N O ~ O ~ ~ Q ~ N h O ~ ~ ~ ~ O J p h F- N ~~ uu q U w O O ~ ~ ~ ~-- O ~ O N v ~ ~ O r h- ~ ~ ~ ~ ~ O L}_' ~ w L1_.I a. {„n ~ CD m W z W z a ~ ~ _ ~ w U ~ ~ W Q J ~ W U o ~ ~ v Z of W (!l m tY d m © o I ~ ~ w ° o o ` ~ o h w z f•- F- N J ~ w Q Q W (n ~ ~ O w v z O ~ ~ a m ~ ~ o ~ ~ Q O ~ o x ~ o ~ Q ~° N O Z w ~ L09i '~2i p~ sejjeQ O ~ 'o z ~ ~ ~ a~ ~ o ~ u~ Q O p N ~ CO m "' w Z ~ p N W Q ~ Z O ~ ~~ I ca ~i N ~\ ° z ~ y ~ N \ ~ Yc O O ~ !--' ~ X w a l t. O ~. W ~~ I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5, 2000 ORDINANCE AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, WEBSTER ROAD WATER PROJECT WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public water system to the Webster Road community; and WHEREAS, the extension of the public water system and the creation of a special utility (water) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public water system over ten years at an interest rate of 8%; and WHEREAS, the first reading of this Ordinance was held on December 5, 2000, and the second reading was held December 19, 2000; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public water extension for the Webster Road community. The total construction cost of this public water project is estimated to be $44,550, to be initially financed as follows: Citizen Participation (5 at $4,455 each) $22,275 Advance from Public Works Participation Fund $22,275 U:\WPDDCS\AGENDA\UTILITY\Webster.ROad.Water.Project.wpd 1 f- ~ TOTAL ~ $44,550 That there is hereby appropriated for this project the sum of $22,275 from the Public Works Participation Fund. Any citizen participation under paragraph 3. will be advanced as a loan from the Water Fund. 2. That the "Project Service Area" is shown and designated on the attached plat entitled "Webster Road Waterline Petition Project, December 5, 2000" prepared by the Roanoke County Utility Department and identified as Exhibit 1. The Webster Road Waterline Project Area is created for a period of ten (10) years. Any owner of real estate within this service area may participate in and benefit from the public water extension to this service area by paying at a minimum the sum of $5,800 ($4,455 toward construction costs plus [$30 x length of road frontage in excess of 250 feet], plus $1,345 toward the off-site facility fee) said costs to be paid in full and in advance of connection to the public water extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area, who elect to participate on or before 90 days from the date of the adoption of this ordinance, of their portion of the cost of extending the public water system to their properties in accordance with the following terms and conditions: (a) The total amount per property owner/residential connection may be financed for 10 years at an interest rate of 8% per annum. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against U:\WPDOCS\AGENDA\UTILITY\Webster.Road.Water.Project.wpd 2 ~~ ! the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 4. Property owners who wish to participate after the deadline set out in paragraph 3 (other than new property owners) shall pay a minimum of $5,346 ($4,455 construction costs plus 20% plus $30 x length of road frontage in excess of 250 feet) plus the off-site facility fee in effect at that time. 5. That the payment by citizens in the project service area who elect to participate shall be made to the Public Works Participation Fund. Any off-site facility fee collected on this project shall be returned to the Water Fund. 6. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. U:\WPDOCS\AGENDA\UTILITY\Webster.Road.Water.Project.wpd 3 ACTION NO. ITEM NUMBER ,~"` %~+ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2000 AGENDA ITEM: First Reading of an Ordinance Ratifying and Approving a Contract of Sale with Billy Buck Guthrie and Barbara B. Guthrie for the Purchase of 2.797 Acres of Land, Being the Westerly Portion of Property Identified on the Roanoke County Land Records as Tax Map No. 97.05-1-3, and Authorizing the Acquisition and Acceptance of Said Real Estate for Parks and Recreation Development Purposes COUNTY ADMINISTRATOR'S COMMENTS: I have spoken with the Board on this acquisition on several occasions. We have finally obtain a contract for the purchase and I recommend approval. BACKGROUND: As part of the development of the South County Park, parks and recreation staff had identified adjacent privately owned properties that could accommodate additional facility development as well as allow for the re-location of the south county maintenance shop, currently located at Penn Forest Elementary School. The shop has to be re-located because the existing location, in a high traffic area and unprotected site, has resulted in a significant amount of vehicular vandalism. We now park our major equipment at the Brambleton Center, which reduces our productivity. The Guthrie parcel (Attachment A), consisting of approximately 2.8 acres, is strategically located between Starkey and the new South County Park, and could easily accommodate an additional ballfield(s), parking, and/or provide space needed for the South County maintenance shop. SUMMARY OF INFORMATION: This past winter staff initiated negotiations with the Guthrie family in regard to the purchase of this parcel. The County and Guthrie family have agreed to the following terms: Roanoke County will pay $48,000 for the parcel; Roanoke County will provide a tree buffer on the boundary line of the park and the new Guthrie property line according to terms outlined; Roanoke County will be responsible for all expenses related to the transaction, including certain legal and recording fees on behalf of the Guthries. The attached ordinance ratifies the contract of sale dated November 27, 2000, and authorizes the acquisition and acceptance of the subject property pursuant to the terms and conditions agreed upon. ~'"-~ FISCAL IMPACT: The cost of the property is $48,000 with an additional $3,000 for related acquisition expenses, including the tree buffer cost of an estimated $1,000. The funds are available in the Parks and Recreation budget. Additional funds will be required to develop and maintain any future facilities added to this site. ALTERNATIVES: 1. Approve first reading of the attached ordinance to ratify the contract of sale with the Guthries, to authorize acquisition and acceptance of this property subject to the terms outlined. 2. Do not approve the purchase of this property. STAFF RECOMMENDATION: Staff recommends Alternative 1, authorizing the purchase of the property. Respectfully submitted, i , Pete Haislip Director Approved ( ) Denied ( ) Received ( ) Referred to Approved by, )a''~ Elmer C. Hodge County Administrator ACTION Motion by: VOTE No Yes Abs Church Johnson McNamara Minnix Nickens ~cc ~~ ~, 9 n ~ 61 ,tit fi:. aR ~, v•4. ~x~Q~~ ~~{ x(300 -.Z ~a,,~\ y _ ,r __' ~ ~t~ ~ x13ea~7c ~ `ar .: _ .. ` ~ .,w _ :r.V_j~c~tri~Y-= MAP.;-~ tx_ _ t ~ _ _ ~; iI i 7 j:. 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N o AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 5, 2000 ORDINANCE RATIFYING AND APPROVING A CONTRACT OF SALE WITH BILLY BUCK GUTHRIE AND BARBARA B. GUTHR~ FOR THE PURCHASE OF 2.797 ACRES OF LAND, BEING THE WESTERLY PORTION OF PROPERTY IDENTIFIED ON THE ROANOKE COUNTY LAND RECORDS AS TAX MAP NO. 97.05-1-3, AND AUTHORIZING THE ACQUISITION AND ACCEPTANCE OF SAID REAL ESTATE FOR PARKS AND RECREATION DEVELOPMENT PURPOSES WI-~REAS, Billy Buck Guthrie and Barbara B. Guthrie are the owners of a parcel of real estate situate in the Cave Spring Magisterial District of the County of Roanoke, Virginia, consisting of four (4) acres, more or less, located at 6453 Merriman Road, and identified on the Roanoke County Land Records as Tax Map No. 97.05-1-3, which is adjoins the new South County Park property owned by the Board of Supervisors; and, WHEREAS, Roanoke County staff has negotiated and executed a contract of sale, dated November 27, 2000, for the purchase of the westerly 2.797 acres of said parcel to accommodate additional facility development for the Park and the relocation of the south county maintenance shop, subject to the approval of the Board of Supervisors; and, WHEREAS, the contract provides for payment ofa purchase price of $48,000.00, installation of a tree buffer along the new boundary line at an estimated cost of $1,000, and payment of approximately $2,000 in closing costs and fees, including expenses of the sellers; and, WHEREAS, park and recreation uses constitute a valid public purpose for the expenditure of public funds; 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 December 5, 2000; the second reading was held on December 19, 2000. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the contract of sale, dated November 27, 2000, with Billy Buck Guthrie and Barbara B. Guthrie for the purchase of the westerly 2.797 acres ofa 4-acre parcel of real estate ~= a situate in the Cave Spring Magisterial District of the County of Roanoke, Virginia, located at 6453 Merriman Road, and identified on the Roanoke County Land Records as Tax Map No. 97.05-1-3, is hereby ratified and approved. 2. That acquisition and acceptance of the pazcel, referenced above, from Billy Buck Guthrie and Barbara B. Guthrie, is hereby authorized and approved, said parcel being more particulazly described as follows: All that certain tract or parcel of land, together with any improvements thereon, rights incident thereto, and appurtenances thereunto belonging, situate in the Cave Sprang Magisterial District of the County of Roanoke, Virgima, consisting of 2.797 acres, more or less, as shown highlighted and designated as "PORTION OF TAX #97.05-1- 3 -2.797 AC." on `Plat Showing The Subdivision Of (4.060 Acres) And Combination Of (50.475 Acres) Being The Property of The Boazd Of Supervisors Of Roanoke County ...' dated August 18, 2000, prepazed by Lumsden Associates, P.C., a partial copy of which is attached hereto as Exhibit A. 3. That the sum ofForty-Eight Thousand Dollazs ($48,000.00) for the acquisition ofthis real estate and the sum of Three Thousand Dollars ($3,000.00) for related expenses, including tree buffer costs, the environmental audit, recordation fees, legal fees, title insurance and all other closing costs, is available in the Parks and Recreation Department budget. 4. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as may be necessary to accomplish this acquisition and accept the property, 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. S a n ACTION # ITEM NUMBER~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2000 AGENDA ITEM: ORDINANCE ADOPTING A NEW CABLE TELEVISION ORDINANCE AND APPROVING A FRANCHISE AGREEMENT WHICH RENEWS THE RIGHT OF BLACKSBURG/SALEM CABLEVISION, INC., D/B/A ADELPHIA CABLE COMMUNICATIONS, TO ERECT, CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM (CATV) AND REPEALING ORDINANCE 102594-12 COUNTY ADMINISTRATOR'S COMMENTS: At long last this is ready for Board action. Recommend approval. During the budget process I would like to consider these funds to upgrade the video in the Board Meeting Room. BACKGROUND: The original franchise agreement between the County of Roanoke and Blacksburg/Salem Cablevision Inc.( the successor to Booth American Company, the original cable franchise holder), doing business as Adelphia Cable Communications (hereafter Adelphia) expired in October, 1999, simultaneously with that company's cable franchise with the City of Salem. Since October, 1999, the County's franchise with Adelphia has been extended by successive three month periods to permit the completion of negotiations by Adelphia first with the City of Salem and then subsequently with the County. The City of Salem adopted a new franchise agreement and ordinance extending Adelphia's franchise for a minimum often years and a maximum of fifteen years in September, 2000. Negotiations between the County's cable television committee and a representative of Adelphia have been successfully completed. The terms of the proposed new franchise agreement and ordinance closely follow the documents approved and adopted by the City of Salem. SUMMARY OF INFORMATION: The negotiating team appointed by the Board of Supervisors has reached agreement with representatives of Adelphia to operate a franchise for a cable television system (CATV) in the Catawba and a small portion of the Windsor Hills Magisterial Districts for a term of a minimum of ten years and a maximum of fifteen years. The franchise will run simultaneously with the City of Salem's franchise. The proposed Cable Television Franchise Ordinance is virtually identical to the revised Ordinance adopted in September by the City of Salem. This will insure that Adelphia's operations will be governed by the same rule in each jurisdiction. .~ i "'3 The major changes in the terms of Adelphia's new franchise agreement and operations are as follows: Adelphia will undertake a rebuild of their cable system in a hybrid fiber-coaxial cable configuration in order to have a 750 MHZ bandwidth capacity which will permit a minimum of 84 standard video channels. This will be completed within seven years of the effective date of the new franchise agreement. If the rebuild is completed within five years, the term of this agreement will be extended for an additional five years; if completed within six years, the franchise agreement will be extended for three years; and if completed within seven years, the extension will be for two years. 2. Adelphia has committed to continue to provide the County with an educational and governmental access channel located on Channel 3 on their system. This will insure that RVTV Channel 3 will be available to all County citizens subscribing to a cable television service. Adelphia has further committed to make available up to two additional government access channels at such time as the existing channel is programmed an average of eight hours per day, not including repeat programming. These channels would be carried on Adelphia's Basic Service tier. Adelphia will provide three activated signal insertion points at locations designated by the County. 3 . The density requirement for extension of service by Adelphia is reduced to 20 housing units per mile for aerial service from 25 customers per mile and to 40 housing units per mile for underground service. Service must be provided for any aerial drop of up to 250 feet with actual installation charges only assessed beyond that distance. 4. Adelphia has agreed to pay a capital grant of $41,760 to the County for equipment to be acquired for use in providing educational and governmental access. This grant will be paid within three months of receipt of a written request from Roanoke County. Adelphia will continue to provide free basic cable service to every County governmental building, fire station, library or school building within its franchise area. The agreement reflects this continuing commitment. Furthermore, Adelphia has agreed to provide one free bi-directional high-speed Internet installation using their Adelphia Power Link Service and one broadband cable modem to each public and accredited private school and public library in their service area. Adelphia will waive all installation and continuing access fees for this Internet service. A franchise agreement will be executed between the County and Adelphia which will reflect the provisions of this ordinance and other technical matters to insure that Adelphia's operations substantially match those provided to customers of Cox Cable Roanoke, Inc. in the County. FISCAL IMPACT: Adelphia has agreed to provide a monetary or capital grant of Forty One Thousand Seven Hundred Sixty Dollars ($41,760.00) which represents an increase in the grant made to Roanoke County in 1994 based upon the prorate increase in County subscribers since that time. The franchise fee of 5% of gross revenues derived from Adelphia's operation of their cable system, to be paid on a quarterly basis, remains the same. Any increase in franchise fee revenues to the County will be the result of increases in Adelphia's cable system revenues. 2 .' ,` ~3 STAFF RECOMMENDATION: Staff recommends the adoption of this franchise agreement and cable franchise ordinance. Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION County Attorney VOTE No Yes Abs Church Johnson McNamara Minnix Nickens 3 Respectfully submitted, ~3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5, 2000 ORDINANCE ADOPTING A NEW CABLE TELEVISION ORDINANCE AND APPROVING A FRANCHISE AGREEMENT WHICH RENEWS THE RIGHT OF BLACKSBURG/SALEM CABLEVISION, INC., D/B/A ADELPHIA CABLE COMMUNICATIONS, TO ERECT, CONSTRUCT OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM (CATV) AND REPEALING ORDINANCE 102594-12 WHEREAS, Blacksburg/Salem Cablevision, Inc., doing business as Adelphia Cable Communications, currently holds a franchise granted by the Board of Supervisors of Roanoke County, Virginia to operate a cable televison system within portions of Roanoke County as a counterpart to their operation of a cable television system within the City of Salem, Virginia; and WHEREAS, negotiations have continued over a period of several months in tandem with negotiations between Adelphia Cable Communications and the City of Salem for the renewal of this franchise which originally expired on October 4, 1999, and during which time Adelphia's franchise has been extended for successive periods of three months until January 1, 2001; and WHEREAS, these negotiations have produced agreement between Adelphia and Roanoke County as to the terms of a new cable televison ordinance and franchise agreement which will provide for a substantial upgrade and rebuild of Adelphia's cable system, for continued free cable service to county government buildings, for free Internet service for schools and libraries in Adelphia's service area, for possible increase in the number of public government and educational access (PEG) channels, for continuation of the current five percent (5%) franchise fee payments based upon Adelphia's gross revenues from their cable service and for a substantial monetary grant to permit continued support for the county's educational goals; and ~3 WHEREAS, Blacksburg/Salem Cablevision, Inc. is prohibited by federal law from operating a cable televison system within any jurisdiction without a franchise agreement or extension as defined by federal law; and WHEREAS, the first reading of this ordinance was held on December 5, 2000, and a public hearing and second reading of this ordinance was held on December 19, 2000. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the attached Cable Television Franchise Ordinance be enacted as Title of the Roanoke County Code and the County Administrator is hereby authorized to execute the attached Cable Televison Franchise Agreement or such other documents necessary to grant anon-exclusive franchise for the operation of a cable televison system in the County of Roanoke to Blacksburg/Salem Cablevision, Inc., d/b/a Adelphia Cable Communications. 2. That "ORDINANCE 102594-12 AMENDING AND REENACTING ORDINANCE NO. 2308 WHICH GRANTS TO BOOTH AMERICAN COMPANY OF DETROIT, MICHIGAN, DB/A SALEM CABLE TV, THE RIGHT, FOR THE TERM AND UPON CERTAIN CONDITIONS HEREIN STATED TO ERECT, CONSTRUCT, OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISON (CATV) SYSTEM..." adopted October 25, 1994, is hereby repealed. 3. That this Ordinance shall be in full force and effect on and after the first day of January, 2001. G:\ATTORNEY\JBO\CABLET V\Salemadelpha.renew\Cableord.122000.2.wpd .• COUNTY OF ROANOKE FRANCHISE AGREEMENT (ADELPHIA) - EXECUTIVE SUMMARY OF PROPOSED FINAL VERSION Preamble: Identifies parties to Agreement (Roanoke County and Adelphia). I. Franchise Grant: Specifically grants to Adelphia anon-exclusive Franchise to erect, operate and maintain a Cable System and to provide Cable Services and Other Communications Services throughout all portions of the County not actually being served by any other franchised provider of cable services. II. Term: Term commences on date Franchise is accepted by Adelphia and expires October 18, 2010. Provides for incentive extensions for up to an additional five years, based on timing of completion of the rebuild of the existing cable system. III. Franchise Acceptance; Warranties: Contains language of Franchise acceptance by Adelphia, and warranties concerning legal organization, authority to enter into Agreement, financial status, and that no matters exist to prevent Adelphia from performing under the Agreement. Without limiting entitlement of Adelphia to provide service throughout all portions of the County not being served by another cable service provider, defines its current Service Area as majority of Catawba Magisterial District and a portion of Windsor Hills Magisterial District. IV. Cable System Rebuild: Obligates Adelphia to complete a rebuild of the Cable System into a hybrid fiber-coaxial configuration within seven years after Effective Date of Franchise. V. Additional Channel and Facilities Requirements: Services, facilities and equipment specified are in support of Public, Educational and Governmental (PEG) channel requirements and will be provided on a no-cost basis to County; costs will not be counted against Franchise Fee payments, unless required by preempting federal law or regulation. A. Standard Governmental Support. Establishes requirement for free basic and cable programming service to all current and future government buildings, fire stations, police stations, libraries and other County-owned or occupied buildings, including Regional Fire Training Center. Standard cable drops may be internally extended by the County without imposition of a charge by Adelphia. Cable installed in government buildings to be maintained by Adelphia at its cost, without markup. B. Government Channels. Reaffirms Adelphia's obligation to continue reservation of Cable Channel 3 for use by County. Requires activation, within six months after request, of up to two additional channels for exclusive use and control by Page 1 of 3 f County government, with each to have signal insertion points at up to three locations specified by County, provided that channel usage requirements must be met on existing channels before any additional channels are requested, and signal insertion points must be identified by County as soon as possible after Adelphia gives six months advance notice of completion of system design of Rebuilt System. To extent technically feasible, requires Adelphia to provide, by negotiations with other cable operator, for all programming inserted on Government Channels to be simultaneously carried on other government channels activated on other cable system. C. Educational Support. Establishes requirement for free basic and cable programming service to all current and future public and state-accredited private elementary and secondary schools within Service Area; internal extension is permitted by the County without any charge by Adelphia. Subject to advance coordination between County and Adelphia, future educational structures will receive one free energized outlet per classroom and two energized outlets in main office area. Adelphia is to provide and install, as requested, at its cost with no markup, additional cable within each educational facility for closed-circuit cablecasting. Adelphia is to provide, at cost, maintenance services for all cable installed in educational facilities within Service Area. Subject to pre-existing contractual commitments, Adelphia is to give the school system first purchase rights on any studio or headend equipment being phased out of use or being replaced, to be used for production and/or videocasting of video programming. Adelphia will provide 50 copies of Cable in the Classroom each month. D. Monetar rLGrant. Within three months after a request, Adelphia is to provide up to a $41,760 grant to the County (unused portions can be drawn on at any later time); grant money is intended to further educational goals and for County library support. E. Internet Services. Subject to availability and advance notice, Adelphia is to provide free high-speed Internet (not networked) to public and state-accredited private elementary and secondary schools and public libraries, and shall waive all installation and continuing access fees for Internet. F. Roanoke Valley Television. Adelphia is to exert best efforts to ensure that RVTV programming is provided via live fiber feed from other cable operator's headend for carriage on Adelphia's Channel 3. If live fiber feed becomes unavailable, Adelphia is to exert best efforts to obtain programming directly from RVTV's studios. G. Future Needs Assessment Duty of Cooperation. Establishes a requirement for future cooperative efforts by the County and Adelphia (upon request by either party) to identify ways to utilize the cable system's future technological capabilities (for, among other things, intra-County data transmission and automatic meter reading), to determine economic and technological feasibility of meeting the community's future needs, and to negotiate ways to meet those needs that are technologically and economically feasible. Page 2 of 3 .' H. Digital Compatibility. If Adelphia provides digital programming that is incompatible with television sets in use by County or schools, Adelphia is to provide free converters to allow continued use of affected television sets. VI. Maintenance of Existing Services; Non-Duplication: Nothing in Agreement excuses Adelphia from its prior obligations to provide services to the County under pre- existing agreements. If Adelphia has already met certain requirements specified in Agreement, nothing in this Agreement requires Adelphia to duplicate those requirements. VII. Miscellaneous: This section covers exceptions or modifications to the Ordinance that are related specifically to Adelphia. A. If any claim against the County arises, as to which Adelphia has a duty of indemnification, Adelphia has the right and obligation to defend against such claim. B. If increases are required in Adelphia's insurance coverage, Adelphia has the right to demonstrate to the County's reasonable satisfaction that an alternative way exists to render the County secure. C. Transfers to entities related to Adelphia or its majority shareholder shall not require approval, nor shall approval be required for pledges of stock or assets as security for financing purposes. VIII. Incorporation by Reference. This incorporates the provisions of the Cable Television Ordinance in the Franchise Agreement, and allows the County to alter the Ordinance in the future, consistent with its police powers, but not to alter it unilaterally in any way to impair Adelphia's contractual rights under the Franchise Agreement. Page 3 of 3 ~~ COUNTY OF ROANOKE CABLE TELEVISION FRANCHISE ORDINANCE - EXECUTIVE SUMMARY OF PROPOSED FINAL VERSION - Preamble: Establishes the purposes and objectives of the Ordinance, i.e., sets legal framework for awarding new cable franchises and renewing or extending existing franchises for Cable Service and Other Communications Services. Also makes the Ordinance applicable to extensions (without renewal) of any existing franchise. Section 1. Short Title: States that Ordinance shall have Short Title of "Cable Television Franchise Ordinance." Section 2. Definitions: Provides definitions for terms of art used throughout Ordinance. Among other things, defines "Service Area" as including all areas contiguous to existing plant with density of 20 homes per linear mile (within 250 feet of plant); includes Internet revenues as part of definition of "Gross Revenues."; and defines Roanoke Valley Cable TV Committee. Section 3. Grant of Authority: Establishes County's authority to grant, extend or renew nonexclusive franchises to applicants, subject to each applicant's agreement and obligation to provide cable service within Franchisee's Service Area, and to comply with Ordinance and any Franchise Agreement. Establishes requirements for non-discriminatory provision of services. Establishes maximum term of any franchise as 15 years. Section 4. Roanoke Valley Regional Cable TV Committee. Affirms continued participation in and support of CATV Committee; establishes scope of Committee's responsibilities as extending to cable systems providing service within all three jurisdictions comprised of County, City and Town of Vinton; defines membership, organization and duties. Section 5. Rates: Establishes right of County to regulate rates consistent with relevant law. Section 6. System Operation: Requires each Franchisee to operate its cable system consistent with federal regulations, and to submit performance tests upon request. Section 7. Franchisee Liability -Indemnification: Requires each Franchisee to indemnify and hold harmless the County from any harm or loss arising from negligence by a Franchisee or its subcontractor in construction, operation or maintenance of a cable system. Sets minimum standards for insurance coverage and prevents the rating of any insurance carrier from dropping below "A-". Section 8. Maintenance and Service Complaint Procedures: Requires each Franchisee to maintain its system in good working condition. Imposes Customer Service Standards set by FCC Rule § 76.309(c) and establishes refund or credit policy for service outages. Section 9. Filings with County: Requires submission of system strand maps upon request, and establishes County's right to reject proposed installations or require change in ~3 location or alteration of existing installation; establishes right of review of as-built maps of existing facilities. Requires annual submission of names of each Franchisee's officers and directors and notice of any change constituting a transfer of control. Requires Franchisee to file, if requested, copies of rules and regulations adopted for conduct of business. Requires applicants for initial or renewal franchise to submit information required by County and to give notice to existing franchisees if proposing to provide service within another franchisee's area. Section 10. Construction and Installation of System: County reserves right to inspect all construction and installation work; requires prior approval for construction of poles, underground conduits, or other wire holding structures. Requires minimal interference with travel on public streets and existing utility services. If requested by County, requires each Franchisee to install one additional conduit (at actual cost of labor and materials) for use by County, at time any trench is opened. Requires compliance with existing building codes, zoning requirements and other standards, and payment of normal costs and fees for permits and licenses. Requires Franchisee to provide service to all County residents requesting service, provided that costs for extending cable more than 250 feet from existing trunk line shall be paid (without markup) by requesting homeowner. Requires restoration of disturbed areas to as good condition as before work began. Requires Franchisee to relocate facilities if needed to accommodate changes in streets. Prohibits installations that interfere with gas, electric or telephone fixtures, water hydrants, mains or sewers. Requires moving wires or cable to accommodate building-moving activities, subject to payment for costs incurred. Gives Franchisees right to trim trees to avoid interference with cable or wires, subject to supervision and direction of County or Highway Department; trimming can be prohibited if it would destroy or damage the tree. If utilities are underground, all cable facilities shall be underground, and if utilities are moved underground, Franchisee must follow within 90 days; allows Franchisee to share in any federal, state or local grant money made available to utility companies to the extent such money can lawfully be made available to a Franchisee. Requires identification of vehicles and persons engaged in Franchisee's operations. Section 11. Emergency Override Capability. Each renewal Franchisee and each extended Franchisee has one year after renewal or extension to provide all-channel audio override capability for emergency messages, along with written messages superimposed on video portion. Shared use of emergency override capability is allowed with other franchising authorities in areas contiguous to County. Relief from requirement is available if County determines that compliance with federal Emergency Alert System (EAS) standards will meet its needs. Section 12. Limits on Rights of Way. Makes clear that the County is not giving any right-of-way usage for any areas not controlled by the County. Section 13. Subscriber Bill Itemization: Allows Franchisees to itemize on bills only costs expressly permitted by FCC Rules, i.e., franchise fee and identity of franchising authority, amount of bill assessed to support Public, Educational and Governmental (PEG) channel requirements, and fees (taxes) imposed on transaction between cable operator and subscribers. Section 14. Approval of Transfer. Requires prior approval for any transfer of a franchise, with reimbursement to County for costs incurred in evaluating and approving transfer request, not to exceed $5,000.00. Section 15. County Right in Franchise. County retains right to adopt additional requirements of general applicability, consistent with County's police powers. County can supervise and inspect all installation and construction work, and can order interruption of cable service in event of emergency for transmission of emergency announcements. Reiterates time requirements for implementation of emergency override capability and compliance with EAS standards. Specifies that all rights-of-way shall remain property of County or Highway Department. Establishes performance bonding requirements for each Franchisee and procedures for imposition of monetary forfeitures for failure to comply with Ordinance or Franchise. Section 16. Payment to County: Establishes a quarterly payment of a Franchise Fee of 5.0%, unless a lesser amount is specified in a Franchise Agreement. Provides interest at 18.0% for any Franchise Fee paid late; payment is required within 30 days after end of prior quarter. Payments are to be accompanied by summary report showing Gross Revenues on which fee is based. Establishes audit rights, with cost compensation to County if Gross Revenues have been understated by more than 3.0%. Requires Franchisees to submit certification signed by officer of company confirming compliance with payment obligations. Allows Franchise Fee to be increased if legally permissible, subject to 90 days advance notice, provided that Franchise Fee can only be increased to amount that can be directly passed through to subscribers. Makes clear that BPOL tax is not part of Franchise Fee (can be charged in addition to Franchise Fee). Section 17. Records and Reports: Gives County access during normal business hours to locally available Franchisee's records, subject to federal privacy laws relating to customer-identifiable information; establishes two week advance notice requirement for material not available locally. Section 18. Franchise Revocation: Establishes procedures for revocation of a Franchise, including mechanism for determining payment in event of a forced sale or County acquisition of the cable system. Section 19. Hearing Requirements for Matters Affecting Franchises: Establishes public hearing, notice and other requirements for significant franchise-related matters. Section 20. Costs: Requires initial franchise applicants to compensate County for franchise award costs. Section 21. Open Video System Operation; Virginia Law: Imposes, to the extent legally permissible, the requirements of the Ordinance (including franchise fee payments) upon any provider of Open Video Services (which look very much like cable TV services, except that a franchise is not required). Also specifies that Virginia and federal law override any conflicting provisions of the Ordinance. Section 22. Severability: Standard provisions concerning continuing validity of Ordinance if any one or more provisions are declared invalid. Section 23. Acceptance of Franchise: Establishes manner in which Franchise is to be accepted by a Franchisee. ate,, CABLE TELEVISION FRANCHISE ORDINANCE Preamble An Ordinance, pursuant to Section 15.2-2108 of the Code of Virginia, 1950, as amended, establishing the policies and procedures whereby the County of Roanoke, Virginia may grant unto certain companies, their successors and assigns, anon-exclusive franchise, or may renew or extend an existing franchise, to erect, operate and maintain poles, cables and all other electrical equipment, structures, or fixtures necessary and incidental to the construction, operation and maintenance of a Cable Television System under, over, upon and across the streets, alleys, sidewalks and public places of the County and to provide Cable Service and Other Communications Services to the residents and citizens of said County, and to the persons, firms, and corporations doing business therein, and to use the property of other companies in furtherance and support of the objectives of this Ordinance and any franchise granted hereunder upon such arrangements and under such conditions as to which the companies may agree. For the purposes of this Ordinance, the term "Franchise" shall apply, unless otherwise distinguished, to an initial franchise, an extended franchise or a renewed franchise. (a) The provisions of this Ordinance shall apply to all Franchises granted or renewed after the date of adoption of this Ordinance, and shall also apply to all Cable Television Franchisees existing as of the date of such adoption in the event and as of the date of any extension of an existing Franchise requested by such Franchisee. Section 1. Short Title This Ordinance shall be known and may be cited as the "CABLE TELEVISION FRANCHISE ORDINANCE." F3 Section 2. Definitions For the purpose of this Ordinance the following terms, phrases, words, and their derivations shall have the meanings given herein. Terms of art not otherwise defined herein, whether capitalized or not, shall have the meanings ascribed to them in Title VI (Cable Communications) of the Communications Act of 1934, as amended, 47 U.S.C. 521, et seq. (hereinafter the "Cable Act"). When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (a) "Cable," whether capitalized or not, shall mean the closed transmission paths by which video programming and related Signals, and Signals related to Other Communications Services, are transmitted through and along a Franchisee's Cable System, and shall include coaxial cable, optical fiber and any other closed transmission path utilized therefor. (b) "Board" shall mean the Board of Supervisors of the County of Roanoke, Virginia. (c) "Cable Television System" (or CATV, or Cable System, sometimes hereinafter referred to as "System") shall have the same meaning as ascribed to the term "cable system" in the Cable Act. (d) "Chief Executive" shall mean the administrator of a county, manager of a city, or manager of a town, as the context may require. (e) "City" shall mean the incorporated portions of the City of Roanoke, Virginia. (f) "Council" shall mean the City Council of the City of Roanoke or the Town Council of the Town of Vinton, as the context may require. (g) "County" shall mean the incorporated portions of the County of Roanoke, Virginia. 2 ~3 (h) "Elementary and Secondary Schools", whether capitalized or not, shall mean all institutions operated for the purposes of teaching students enrolled in the elementary (including kindergarten), middle and high school grades. (i) "FCC" shall mean the Federal Communications Commission or its successor. Q) "Franchise Area," for the purposes of establishing any entitlement to regulate rates charged by a Franchisee pursuant to §623 of the Cable Act, or any subsequently adopted counterpart thereof or governing regulatory provision relating thereto, shall mean and be deemed as being conterminous with a Franchisee's Service Area; provided, however, that until a Franchisee offers Regular Subscriber Service throughout such Service Area, a Franchisee's Franchise Area shall be such lesser portion of its Service Area to which it offers Regular Subscriber Service. (k) "Franchisee" shall mean the grantee of rights under a Franchise granted pursuant to this Ordinance. (I) "Governing Body" shall mean the board of supervisors of a county, council of a city, or council of a town, as the context may require. (m) "Gross Revenues" shall mean all compensation and other consideration in any form received by a Franchisee from or in connection with the operation of that Franchisee's Cable System within its Service Area, including any compensation or other consideration received from the provision of Internet services on a Franchisee's System; but excluding uncollected bad debt, Subscriber deposits, and any sales, service, rent or other excise tax to the extent such taxes are required to be charged separately by a Franchisee in addition to other charges imposed by such Franchisee and are remitted by the Franchisee to the taxing authority, and excluding, further, any cost reimbursement or aid-of-construction fee received by a Franchisee pursuant to §§ 10(a), 10(c) and 10(g) hereof, and fees received in connection with Non-Subscriber Services. 3 ~3 (n) "Highway Department" shall mean the Virginia Department of Transportation. (o) "Home" shall mean any single family dwelling unit whether a house, apartment, trailer or mobile home, rented room or otherwise. (p) "Local Government Occupied Buildings" shall mean those buildings owned in whole or in part by a county, city or town, as the context may require, or occupied in whole or in part by local government officials or other persons in furtherance of local government objectives, and shall include, without limiting the generality of the foregoing, all volunteer and paid fire and/or rescue companies located within a county, city or town. (q) "Non-Subscriber Services" shall mean services provided to Persons other than a Subscriber or User of the services provided by or carried on a Franchisee's Cable System. (r) "Other Communications Service" shall mean any service provided by a Franchisee utilizing transmissions along or through and compatible with the closed transmission paths established or maintained for the operation of the Franchisee's Cable System. (s) "Person" shall mean any individual, firm, partnership, association, corporation, company, trust, governmental entity or organization of any kind. (t) "Public Schools", whether capitalized or not, shall mean all buildings operated by the School Division of a county, city or town for the purposes of teaching and learning. (u) "Regular Subscriber Service" shall mean the simultaneous delivery by a Franchisee to the television receivers (or any other suitable type of audio-video communications receivers) of all Residential Subscribers and to public or governmental facilities or buildings within the Franchisee's Service Area of all signals, excluding those carried on an institutional network, that are carried by or on the delivering Franchisee's Cable System, subject to payment of permissibly imposed subscription, installation and other fees or charges associated with the delivery and receipt of such signals. 4 1 =~ (v) "Residential Subscriber" shall mean a purchaser in good standing of any service that the Franchisee delivers to any Home ,provided that service is not utilized in connection with a business, trade, or profession. (w) "Roanoke Valley Regional Cable Television Committee" (or "CATV Committee" or "Committee") shall mean the advisory committee comprised of individuals from the County of Roanoke, the City of Roanoke and the Town of Vinton, having responsibilities as set forth in this Ordinance concerning any cable television system which provides service within or to any portion of all of the aforesaid three jurisdiction. (x) "Senior Citizen" shall mean any Residential Subscriber who is sixty-five (65) years of age or older. (y) "Service Area" shall mean any area in a county, city or town, as the context may require, not actually being served by another Franchisee, contiguous to a given Franchisee's existing plant with a density of at least twenty (20) Homes per linear mile. For the purposes of this Ordinance, all Homes within 250 feet from any roadway or other right-of-way suitable for cable trunk installation shall be counted in density determinations, and shall be considered as being within the Service Area as defined herein. (z) "Signals" shall mean and refer to all frequencies, and the modulating intelligence (including digital modulation) imposed or carried thereon, provided by or permitted to be inserted by a Franchisee on the Cable System operated by such Franchisee. (aa) "Standard Cable Drop" shall mean the closed signal transmission path from the cable operator's distribution system to a given Subscriber's Home or other location authorized to receive cable service, provided that any length of said signal transmission path in excess of 250 feet shall not be a Standard Cable Drop. (bb) "Streets" shall mean all public streets, roads, avenues, highways, boulevards, concourses, driveways, bridges, tunnels, parkways, waterways, docks, bulkheads and alleys, 5 F3 and all other public rights of way and public grounds or waters within or belonging to a county, city or town, as the context may require. (cc) "Subscriber" or "User" shall mean any person or entity lawfully receiving any service provided by or carried on a Franchisee's Cable System. (dd) "Town" shall mean the incorporated portions of the Town of Vinton, Virginia. Section 3. Grant of Authority (a) After having approved a Franchise applicant's legal, character, financial, technical and other qualifications and the adequacy and feasibility of the applicant's construction arrangements, the County shall have the authority, subject to compliance with the relevant provisions of §15.2-2108 of the Code of Virginia and the Cable Act, to grant to such applicant, who shall thereafter be a Franchisee hereunder, a nonexclusive initial, extended or renewed Franchise upon such terms as the County and such applicant may agree, which shall authorize such Franchisee to construct, erect, operate and maintain, in, upon, along, across, above, over and under the Streets, alleys, public ways and public places now laid out or dedicated, and all extensions thereof, and additions thereto, in any part of the County, poles, wires, cable, underground conduits, manholes, and such other conductors and fixtures as are useful or necessary for the maintenance and operation in the County of a Cable Television System and to thereafter provide Cable Service and Other Communications Services within any part of the County, subject to such applicant's agreement and obligation to provide Cable Service within the Franchisee's Service Area and to otherwise comply with all provisions of this Ordinance and any agreement relating to the initial grant, extension or renewal of the Franchise. (b) No Franchisee shall, as to rates, charges, service, facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person, nor subject any person to any prejudice or disadvantage, provided that nothing in any Franchise granted 6 F~ hereunder shall be deemed to prohibit the establishment of a graduated scale of charges (1) to "Senior Citizen" subscribers and (2) for multiple installations at the same hour or building. (c) Any Franchise granted hereunder as an initial authorization and any renewal thereof shall be governed by the provisions of the Cable Act and any amendments or superseding legislation, and shall be for a term not to exceed 15 years. Section 4. Roanoke Valley Regional Cable Television Committee As of the date of adoption of this Ordinance, the political subdivisions comprised of the County of Roanoke (the "County"), the City of Roanoke (the "City") and the Town of Vinton ("Vinton") have, pursuant to ordinances duly adopted by each of them, jointly established an advisory committee known as the Roanoke Valley Regional Cable Television Committee (the "CATV Committee"). By adoption of this Ordinance, the County does hereby affirm its continued participation in and support of the CATV Committee, which shall be comprised 11 members and have the duties and responsibilities as set forth below: (a) Members. One member shall be provided from each of the Governing Bodies of the County of Roanoke, the City of Roanoke and the Town of Vinton; three members shall be the Chief Executives (or their designees) from each of the County, the City and Vinton; one member shall be appointed by each of the Roanoke County and Roanoke City School Boards; one member-at-large shall be appointed by each of the Governing Bodies of the County of Roanoke, the City of Roanoke and the Town of Vinton. (b) Chairperson. The CATV Committee shall select a chairperson from its membership, who shall serve for a period of one year or such other term as the CATV Committee may deem appropriate. (c) Terms of Office. The terms of office of the three members-at-large shall be for three years each, provided that such terms shall be staggered, with a continuation of the staggered sequence established by the CATV Committee immediately prior to the adoption of 7 F3 this Ordinance; members from the Governing Bodies of each of the jurisdictions and those appointed by their respective School Boards shall serve for such terms as are determined by their respective appointing authorities. (d) Meetings. Meetings of the CATV Committee shall be held not less than once per year, and at such more frequent times as the Chairperson or the Committee shall determine; a quorum shall consist of five members. The committee may adopt such procedures and bylaws as it deems necessary for the proper exercise of its responsibilities. (e) Scope. The CATV Committee shall fulfill its responsibilities with respect to any Franchise or applicant for a Franchise as to which the Cable Service provided or proposed shall extend within or to any portion of all of the three jurisdictions addressed herein. (f) Franchisee Attendance. The General Manager (or his or her designee) of each Franchisee within the scope of the CATV Committee's responsibilities shall be afforded the opportunity to attend each meeting of the CATV Committee, with at least 10 days advance notice to be provided whenever reasonably possible, except when the CATV Committee meetings are in executive session. (g) Powers and Duties. The CATV Committee shall: (i) Advise affected Governing Bodies concerning any applications for Franchises. (ii) Monitor each Franchisee's compliance with the provisions of this Ordinance and any Franchise granted hereunder, and advise affected Governing Bodies of matters that may constitute grounds for a monetary forfeiture or Franchise revocation. (iii) Advise affected Governing Bodies concerning the regulations of Cable rates. (iv) Receive, record and consider Subscriber complaints that have not been resolved by a Franchisee; attempt to resolve and respond to all such complaints, maintaining a 8 ~~ record of all resolutions; and report annually to each Governing Body the results of its actions with respect to such complaints. (v) Review any proposed transfer of a Franchise and recommend whether such transfer should be approved. (vi) Coordinate review of each Franchisee's records as may be required by this Ordinance. (vii) Encourage the use of such Public, Educational or Governmental ("PEG") Channels as are required under this Ordinance or any Franchise by the widest range of institutions, groups and individuals within the Service Areas of the respective Franchisees. (viii) Review budgets prepared by departments within affected jurisdictions for PEG Channel usage, and coordinate the expenditure of any capital grant funds provided by any Franchisee to maximize the potential and provide for the full development of PEG Channel usage. (ix) Advise the Governing Bodies of the jurisdictions addressed herein as to proposed rules and procedures under which a Franchisee may use unused PEG Channel capacity for the provision of other services, and under which such Franchisee use shall cease. (x) Coordinate programming and activities on PEG Channels, develop appropriate policies and procedures therefor, and assist in preparation and review of budgets for all cablecasting activities on PEG Channels. (xi) Maintain records in accordance with statutory requirements. Section 5. Rates The County specifically retains all rights to regulate rates charged by any Franchisee for Cable Service, subject to the provisions of relevant Federal and State legislation and the rules and regulations of administrative agencies with authority. 9 Section 6. System Operation Every Franchisee shall operate its Cable System as required by the FCC's Rules and Regulations, and shall ensure compliance with all applicable provisions of FCC Rule §76.605 (Technical Standards), and any amendments thereto, throughout the entire Service Area. Upon request, every Franchisee shall submit to the County copies of all performance test data required pursuant to FCC Rule § 76.601 and any other performance tests that may be required by subsequent amendment of the FCC's Rules and Regulations. Section 7. Franchisee Liability; Indemnification (a) Every Franchisee, as a condition to its continued entitlement to hold a Franchise hereunder, shall save the County harmless from all loss sustained by the County on account of any suit, judgment, execution, claim, or demand whatsoever, resulting from negligence on the part of the Franchisee and its independent contractors and subcontractors in the construction, operation or maintenance of its Cable Television System in the County; provided, however, that the County shall give to an indemnifying Franchisee prompt and timely written notice of any such suit, judgment, execution, claim or demand made to which the immediately foregoing indemnification provisions apply. (b) Each Franchisee shall take out and maintain throughout the term of its Franchise comprehensive general liability insurance against personal injury with coverage of not less than $5,000,000 for injury to any person and $5,000,000 for any one accident, and insurance against property damage, including damage to County property, in an amount not less than $1,000,000, and shall maintain comprehensive automobile liability insurance, including non-owned and hired car as well as owned vehicles coverage, with minimum bodily injury coverage for each occurrence of $1,000,000 and property damage coverage of not less than $100,000 per occurrence. The above policies shall be written by a company licensed to do business in the Commonwealth of Virginia, and the County shall be named as an additional 10 `~ insured thereunder, provided that such company shall be rated not less than "A" by Best's rating service at the time of initial policy issuance, and such rating shall not fall below "A-" at any time thereafter. A certificate of these policies shall be furnished to the County as a condition to the grant of any Franchise hereunder. The County reserves the right, no more frequently than once every three years, and upon six months advance notice to a Franchisee, to require an increase in the immediately foregoing basic coverages by an amount not to exceed the percentage by which the County has increased its general liability insurance coverage for the three years immediately preceding the date of such notice from the County. (c) Every Franchisee shall obtain workmen's compensation insurance as required by the laws of the State of Virginia, with such insurance to be written by a company licensed to do business in the Commonwealth of Virginia, provided that such company shall be rated not less than "A" by Best's rating service at the time of initial policy issuance, and such rating shall not fall below "A-" at any time thereafter. (d) Each Franchisee shall ensure that independent contractors and subcontractors maintain comprehensive general liability coverage sufficient to protect the County from any loss arising from work performed on such Franchisee's behalf. (e) No insurance policy shall be cancelable or non-renewable until 30 days after receipt by the County of notice of intention to cancel or non-renew. Section 8. Maintenance and Service Complaint Procedures (a) Throughout the term of its Franchise, every Franchisee shall maintain all parts of its Cable System in good working condition. (b) Within ninety days after the grant of any Franchise hereunder or of the extension of any Franchise existing as of the date of adoption of this Ordinance, each affected Franchisee shall comply with the Customer Service Obligations established by FCC Rule §76.309(c), or any subsequently adopted amendments thereto; provided, however, that no Franchisee shall adopt ,~ ~'` _"~" standards less stringent than those imposed by FCC Rule §76.309(c) in effect on the date of this Ordinance without the express consent of the County. Subject to notification and request by affected Subscribers, and to reasonable verification by a Franchisee of any reported Cable Service outage, every Franchisee shall provide apro-rata refund or, at its option, an equivalent credit of the fee charged to any Subscriber for each calendar month in which such Subscriber has experienced more than 24 hours of Cable Service outage, with the refund or credit being based on the total hours of outage compared to the total number of hours available in the month to which the rebate or credit applies. Every Franchisee shall keep a record in its offices of every complaint received and a memorandum of same indicating the manner or disposition thereof. Complaint records shall be kept for not less than two (2) calendar years. The Franchisee shall make information pertaining to its complaint records available to the County upon request, for review and inspection during normal business hours. Section 9. Filings with County (a) In addition to other filings that may be set forth herein, every Franchisee shall file with the County Administrator, upon request, true and accurate strand maps of all existing and proposed installations, and the County hereby reserves the right at all times to reject any proposed installation whose manner or place of construction it deems contrary to public interest, and may order and direct the Franchisee to move the location or alter the construction of any existing installation wherever the Board or the Highway Department deems it is in the public interest to require such removal or alteration, having due regard for the equities of the parties concerned and the purpose of a Franchise granted hereunder. Every Franchisee shall also, upon request, make available at its local office, for review by the County, true and accurate as- built maps of all existing installations. (b) Every Franchisee shall file annually with the County Administrator a statement setting forth the names and addresses of all its directors and officers and the position that each 12 .~ ~~ holds, which statement may consist of the Franchisee's annual report. In the event of a change constituting a transfer of control (as defined by the FCC's rules) of a Franchisee, the Franchisee shall promptly file information setting forth such change with the County Administrator. (c) Upon request, every Franchisee shall file with the County Administrator copies of rules, regulations, terms and conditions adopted by the Franchisee for the conduct of its business. (d) An applicant for an initial or a renewal Franchise hereunder shall include in its application all information requested by the County or its designated representative, subject to the provisions of governing law or regulations, as the County deems reasonably appropriate to allow it to evaluate such applicant's legal, financial and technical qualifications. (e) If an initial applicant proposes to serve an area then actually being served by an existing Franchisee, the application shall be submitted with proof of service of a copy of its application upon such Franchisee. (f) The County shall provide all existing Franchisees on whom service is required under Subsection (e) above with an opportunity to be heard and to make presentations pertaining to such application. (g) In evaluating an application, the County shall be governed by and comply with all relevant Federal and State Statutes. Section 10. Construction and Installation of the System (a) The County shall have the right to inspect all construction or installation work performed by a Franchisee within the Service Area, and to make such inspections as the County deems necessary to insure compliance with the terms of this Ordinance, other pertinent provisions of law and any Franchise granted hereunder. No poles, underground conduits, or other wire-holding structures shall be erected by a Franchisee without prior approval of the County or its duly authorized personnel or abutting property owners where the County does not 13 F3 own the area in which such are to be erected. To the extent possible, the Franchisee shall negotiate agreements with the appropriate parties to permit it to utilize the existing poles and underground conduits throughout the County. Any poles, underground conduits or other fixtures that a Franchisee is authorized by the County to install must be placed in a manner to not interfere with or obstruct the usual travel on the public Streets or to interfere with any existing utility services. If so requested by the County, at the time any trench is opened for installation or maintenance of conduit or underground cable, a Franchisee shall install one additional conduit of such dimension as specified by the County, for exclusive use by the County, at a charge no greater than the actual cost of labor and materials for such conduit. All construction activities of a Franchisee shall be conducted in a manner that will cause minimum interference with the rights and reasonable convenience of the property owners directly affected thereby. Every Franchisee shall maintain all structures, cable and related CATV equipment that are located in, over, under, and upon the Streets in a safe, suitable, substantial condition and in good order and repair at all times. (b) All construction and installation by a Franchisee shall be effectuated in a manner that is consistent with the FCC's Rules, relevant local building codes, zoning and other regulatory requirements, the National Electrical Safety Code, and other standards of general applicability to Cable Systems. No Franchisee shall commence any construction without obtaining all local zoning and other approvals, permits and other licenses generally applicable to other entities performing such construction, and paying all costs and fees normally imposed or charged therefor. (c) No Franchisee shall be required to extend energized trunk cable in and/or through any portion of the County beyond and outside the limits of its defined Service Area; provided, however, that a Franchisee may elect to provide Cable Service outside its defined Service Area; and provided, further, that any initial Franchisee proposing to serve less densely 14 i ~' populated areas as an inducement to the County to award it a Franchise may be required to provide such proposed service. In the event that the owner of any Home or other structure not within a Franchisee's Service Area agrees in writing to pay the excess cost of extending cable service to that location, then a Franchisee so requested by such owner shall provide Cable Service to such Home or other structure, provided that such owner's payment obligation shall only apply to the actual costs incurred, without markup, in extending cable more than 250 feet from any trunk line. (d) In case of any disturbance of pavement, sidewalk, driveway or other surtacing, a Franchisee shall, at its own cost and expense and in a manner approved by the County replace and restore all paving, sidewalk, driveway or surtace disturbed in as good condition as before said work was commenced. (e) In the event that at any time during the period of a Franchise the County or Highway Department shall elect to alter or change the grade of any street, alley or other public way, the affected Franchisee, upon reasonable notice by the County or the Highway Department, at its cost shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes and other fixtures. (f) No Franchisee shall place any poles or other fixtures where the same will interfere with any gas, electric or telephone fixture, water hydrant, main, or sewer, and all such poles or other fixtures placed in any Street shall be p-aced in accordance with the County's requirements. (g) A Franchisee shall, on the request of any person holding a building moving permit issued by the County, temporarily raise or lower its wires or Cable to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires or cable shall be paid by the person requesting the same, and the Franchisee shall have the authority to 15 F-3 require such payment in advance. The Franchisee shall be given not less than seven (7) days advance notice to arrange for such temporary wire or cable changes. (h) Every Franchisee shall have the authority to trim trees upon and overhanging Streets, alleys, sidewalks and public places of the County so as to prevent the branches of such trees from coming in contact with the wires and cables of the Franchisee, provided that all trimming shall be done under the supervision and direction of the County or the Highway Department and at the expense of the Franchisee. The County or Highway Department specifically reserves the right to prohibit the trimming of any tree where it deems that such trimming would damage or destroy the tree. (i) No Franchisee shall install above-ground facilities in any portion of its Service Area where all public utility lines are underground, and every Franchisee shall be obligated to relocate its existing facilities underground in any portion of its Service Area within 90 days after all public utility lines in that portion of its Service Area have been placed underground. In the event that a Franchisee is required to relocate its facilities as a consequence of relocation of public utility lines, such Franchisee shall share proportionately with utility companies in any federal, state or local monetary grant made available for such purposes to the extent that such monetary grant is lawfully available to a Franchisee. Q) Vehicles owned or leased by a Franchisee and used in the installation, construction or repair of the Franchisee's System shall be marked with the Franchisee's identity, and all employees, contractors and subcontractors of a Franchisee shall carry identification, to be produced upon request, as to their names, local business address and local business telephone numbers. Section 11. Emergency Override Capability In addition to, and not in lieu of, the Emergency Alert System ("EAS") standards established by Part 11 of the FCC's Rules (47 C.F.R. 11), each initial Franchisee shall, upon 16 ~~ initial system activation, and each renewal Franchisee and each Franchisee existing as of the date hereof whose Franchise is extended shall, no later than one year following the date of any such renewal or extension, establish for use by and access to such authorized persons as are designated by the County an emergency override capability whereby the audible portion of all programming carried on all channels may be interrupted for the insertion of emergency information, and whereby a written supplemental emergency message may be superimposed on the video portions of all such programming; provided, however, that shared usage of such emergency override capability shall be allowed by other franchising authorities having cognizance over any portion of a Franchisee's Cable System contiguous to the County; and provided, further, that relief from this requirement may be given if the County determines at its sole discretion that a Franchisee's compliance with the EAS standards will provide an acceptable means of disseminating emergency information to Subscribers. Section 12. Limits on Rights of Way This Ordinance shall not be construed to mean that the County, by granting any Franchise hereunder, is giving any entity the right to use any right-of-way controlled by the Highway Department or by any person other than the County. Every Franchisee hereunder shall be required to meet any and all Highway Department regulations and requirements set forth for the use of such rights-of-way controlled by the Highway Department and shall be required to separately obtain from private parties and others necessary consents, not otherwise preempted by governing Federal statute or regulation, to use any other rights of way not controlled by or vested in the County prior to the installation of any Cable on, under or over the property so affected. Section 13. Subscriber Bill Itemization. Unless the provisions of this Section are preempted or otherwise rendered unenforceable by law or relevant FCC rule, no Franchisee shall itemize on any subscriber bills 17 ~3 any costs other than those expressly permitted to be itemized by FCC Rule §76.985(a), to-wit: (i) the amount of the total bill assessed as a franchise fee and the identity of the franchising authority to which the fee is paid; (ii) the amount of the total bill assessed to satisfy requirements imposed on the Franchisee by the Franchise Agreement to support Public, Educational or Governmental channels or the use of such channels; and (iii) the amount of any other governmental fee or assessment directly imposed on a transaction between the cable operator and a Subscriber. Section 14. Approval of Transfer No Franchisee shall sell, assign, transfer or lease its plant or system to another person, nor transfer any rights under a Franchise to another person without Board approval upon such reasonable terms and conditions as it may impose. No sale, transfer, assignment or lease shall thereafter be effective until the vender, assignee, transferee or lessee has filed in the office of the County Administrator an instrument, duly executed, reciting the fact of such sale, assignment, transfer or lease, accepting and agreeing to be bound by the provisions of this Ordinance and a Franchise granted pursuant hereto, and agreeing to perform all the conditions that may be imposed by the Board pursuant to its consent. Consent for the transfer, sale, assignment or lease shall not unreasonably be withheld; provided, however, that any costs incurred by the County in evaluating and/or approving such transfer, sale, assignment or lease, not to exceed $5,000.00, shall be paid within 30 days after the submission of an invoice therefor by the County, and no such transfer, sale, assignment or lease shall become effective until such payment is made. The requested transfer, sale, assignment or lease shall be deemed as approved if the County does not respond within 120 days of its receipt of a written request for such approval. 18 Section 15. County Right in Franchise (a) The right is hereby reserved by the County to adopt, in addition to the provisions herein contained and in existing applicable ordinances, such additional regulations of general applicability as it shall find necessary in the exercise of its police power. (b) The County shall have the right to supervise all construction or installation work performed by a Franchisee subject to the provisions of this Ordinance and to make such inspections as it shall find necessary to insure compliance with governing Ordinances. (c) The County reserves the right to order the interruption of Cable Service in the event of emergency and shall have the right to require the insertion of emergency audio messages or announcements on any or all of a Franchisee's channels carried on its System in the event of an emergency. Every Franchisee providing service in the County prior to the date of this Ordinance shall, as a condition to any renewal or extension of its Franchise, be deemed at the time of such renewal or extension to agree that it shall within one year following the renewal date implement at no cost to the County the aforedescribed insertion capability, and every other Franchisee shall implement such capability upon initial system activation. Notwithstanding the foregoing, every Franchisee shall comply with the Emergency Alert System ("EAS") standards, including timing requirements for implementation of such standards, established by Part 11 of the FCC's Rules (47 C.F.R. 11). (d) All rights, rights-of-way, and easements hereinabove designated shall remain the property of the County or the Highway Department. Until such time as poles or other equipment are actually installed by a Franchisee, and in the event of future removal of said poles or other equipment, said rights shall remain vested in or immediately revert to the County or the Highway Department and, in the event of removal, a Franchisee's rights therein shall automatically be canceled. 19 F3 (e) At the time a Franchise becomes effective, the County may require the Franchisee to furnish a bond to the County, in such form and with such sureties as shall be acceptable to the County, guaranteeing the payment of all sums which may at any time become due from the Franchisee to the County under the terms of this Ordinance and any Franchise granted, and further guaranteeing the faithful pertormance of all obligations of the Franchisee under the terms of this Ordinance and the agreement reflecting the grant of the Franchise. The maximum bond shall be based on the following schedule: Maximum Bond Amount $5,000 $10,000 $15,000 $20,000 $25,000 Basic Service Subscribers 0 500 1000 1500 2000 For each additional 500 Subscribers served, the bond amount may be increased by five thousand dollars ($5,000). In the event of default under this Ordinance or a Franchise granted pursuant to this Ordinance, the County shall not assume any liability, obligation or responsibility, but shall instead be entitled to levy on and collect from such bond all amounts necessary to render the County whole. (f) If at any time after the date a Franchisee's Cable System is energized the Franchisee shall fail materially to comply with the terms of this Ordinance or any Franchise granted, and shall continue to fail to comply or fail to commence taking steps reasonably calculated to cause such compliance for a period of thirty (30) days after receiving notice in writing of non-compliance from the County, the Franchisee shall be assessed a monetary forfeiture by the Office of the County Administrator of not less than $25.00 nor more than $250.00 for each day's failure to comply from the date of the first non-compliance, with each day's failure to comply being a separate and distinct offense. The provisions of this sub-section 20 ~3 shall not apply if non-compliance is occasioned by events beyond the control of the Franchisee, provided that such events were not proximately caused by the Franchisee's acts or failure to act. In the event the Franchisee shall in good faith contest its liability or the amount of any forfeiture imposed under this Section, no further forfeiture shall be assessed until such liability is established by the Roanoke County Board of Supervisors, and should such liability be established by the Board of Supervisors, such determination shall be final, and the Franchisee shall have thirty (30) days within which to comply and within which to pay all forfeitures assessed. In the event the Franchisee does not then comply and pay all forfeitures assessed the County shall have the option (i) to initiate judicial collection procedures; (ii) to collect upon any bond posted; or (iii) to terminate the Franchise and declare the bond forfeited. Section 16. Payment to County (a) Unless a lesser amount is specified in a given Franchisee's Franchise Agreement, each Franchisee shall pay the County on a quarterly basis a fee (a "Franchise Fee") of five percent (5%) of its Gross Revenues derived from the immediately preceding calendar quarter. The Franchise Fee for each calendar quarter shall be paid to the County no later than 60 days after the end of the calendar quarter on which such fee is based; interest shall accrue on any payment made after the date on which it is due at the rate of 18.0% per year. Each Franchise Fee payment shall be accompanied by a summary report showing Gross Revenues received by the Franchisee from its operations within the County during the preceding quarter and such other information as the County shall reasonably request with respect to the Franchisee's service within the County. The County shall have the right to verify by an audit conducted by an independent Certified Public Accountant of its own choosing, reasonably acceptable to a Franchisee, that such Franchisee has correctly reported Gross Revenues, and if such audit discloses that a Franchisee's reporting of its Gross Revenues has been understated by 3% or more, said Franchisee shall compensate the County for the audit 21 F3 expenses. Access during any such audit shall be limited to the Franchisee's documents and information reasonably relevant to verification that the Franchisee has correctly reported Gross Revenues. Consistent under-reporting of a Franchisee's Gross Revenues shall be grounds for termination of a Franchise. Notwithstanding the County's right to require an independent audit, not less than annually each Franchisee shall submit a certification executed by an officer of the Company, certifiying to the accuracy of all Franchise Fee payments made for the immediately foregoing four quarters and the compliance of those payments with the requirements of this Ordinance and any Franchise granted hereunder. (b) In the event that Federal, State, or other regulatory agencies permit a greater Franchise Fee than set forth in this Ordinance, such payment obligation may be increased to the maximum amount permissible, upon approval of such increase by the County pursuant to duly adopted resolution and not less than 90 days advance notice to each affected Franchisee; provided, however, that the Franchise Fee shall not increase above the maximum percentage that may be passed through directly to Subscribers pursuant to governing federal law or regulations. (c) Consistent with applicable law, no fee, tax or other payment required to be made by a Cable System operator to the County, including payment of a Business, Professional or Occupational License fee or tax, shall be deemed as part of the Franchise Fee payable to the County hereunder, so long as such fee, tax or other payment obligation is imposed on a non- discriminatory basis on other entities doing business within the County. Section 17. Records and Reports The County shall have access during normal business hours to all of a Franchisee's locally available plans, contracts, and engineering, accounting, financial, statistical, and, subject to the provisions of § 631 of the Cable Act, customer and service records relating to the Cable 22 l~f System and its operation within the County by the Franchisee and to all other records required to be kept hereunder; provided that a Franchisee shall be provided two weeks advance notice for production of such material as is not locally available. Section 18. Franchise Revocation (a) Whenever any Franchisee shall refuse, neglect or willfully fail to construct, operate or maintain its cable television system or to provide service to its Subscribers in substantial accordance with the terms of this Ordinance or any applicable rule or regulation, or materially breaches its Franchise Agreement, or practices any fraud or deceit upon the County or its Subscribers within the County, or fails to pay Franchise Fees, or if such Franchisee becomes insolvent, as adjudged by a court of competent jurisdiction, or is unwilling or unable to pay its uncontested debts, or is adjudged bankrupt, or seeks relief under the bankruptcy laws of the United States or any state, then the Franchise may be revoked. (b) In the event the County believes that grounds for revocation exist or have existed, it may notify the affected Franchisee in writing, setting forth the facts on which such belief is grounded. If, within thirty (30) days following such written notification, the Franchisee has not furnished reasonably satisfactory evidence that corrective action has been taken or is being actively and expeditiously pursued, or that the alleged violations did not occur, or that the alleged violations, except those involving financial matters, were beyond the Franchisee's control, the County may call and give notice of a hearing, pursuant to the Hearing Requirements for Matters Affecting Franchises as set forth in this Ordinance to consider revocation of the Franchisee's Franchise. If the County, following such hearing, finds that grounds for revocation exist, it may by Resolution duly adopted revoke for cause the Franchise granted to such Franchisee. (c) In the event that the Franchise has been revoked, the County shall, to the extent then permitted by existing law, have the option to: 23 ~3 (i) acquire, at fair market value excluding any value attributable to the Franchise itself, all the assets of the Franchisee's system located within the County; or (ii) to require the sale, at fair market value excluding any value attributable to the Franchise itself, of all such assets of the Franchisee's system to another person; or (iii) to require the removal of all such assets from the County. Unless some later date is agreed to by the Franchisee, such option must be exercised by the County within one year from the date of the revocation of the Franchise, or the entry of the final judgment by a court reviewing the question of the revocation, or the entry of a final order upon appeal of same, whichever is later. In any Franchise revocation proceeding, if the County and a Franchisee cannot agree upon the fair market value excluding any value attributable to the Franchise itself of the Franchisee's assets located within the County, then the County and the Franchisee shall each at their own cost select a different independent appraiser (each of whom shall be an active member of and be certified by the American Society of Appraisers), who shall each provide an appraisal of the value at issue. If the greater appraised value does not exceed the lesser appraised value by more than 10% of such lesser value, then the two appraised values shall be averaged and the resultant value shall be binding upon the County and the Franchisee; if the greater appraised value exceeds the lesser appraised value by more than 10%, then the two previously-chosen appraisers shall together choose a third independent appraiser, who shall have no knowledge of the prior appraised values, and who shall provide an appraisal of the value which shall then be averaged with the two previous appraised values and the resulting value shall be binding upon the County and the Franchisee. Any valuation determined in accordance with the immediately foregoing procedure shall conclusively be deemed as an equitable price, as specified at § 627 of the Cable Act. 24 F3 (d) The termination of a Franchisee's rights as set forth herein shall in no way affect any other rights the County may have under the Franchise Agreement with such Franchisee or under this Ordinance or any other provision of law or ordinance. Notwithstanding the pendency or culmination of any proceedings terminating a Franchise, the County may nonetheless by resolution extend for a period of not more than two years beyond the proposed or actual date of termination the entitlement of the affected Franchisee to operate the Cable System, during which period all provisions of this Ordinance and the applicable Franchise Agreement shall govern such operations. Section 19. Hearing Requirements for Matters Affecting Franchises Whenever a requirement is set forth herein for a public hearing or meeting to be called concerning any matter related to the evaluation, modification, renewal, revocation or termination of any Franchise issued pursuant to this Ordinance, such hearing or meeting shall not be held unless the County shall have advised the Franchisee in writing, at least thirty days prior to such hearing or meeting, of the time, place and general purpose of such hearing or meeting, and published a notice setting forth the time, place and general purpose of such hearing at least ten days before such hearing or meeting in a newspaper of general circulation within the County. In addition, the County may require the affected Franchisee to, and when so required the Franchisee shall, give notice of such hearing, and any continuation thereof, by announcement on its cable system in such manner, on such channels and at such times as both parties shall find to be reasonable under the circumstances. Any such hearing may be adjourned from time to time without further notice other than the announcement, at the time of adjournment, of the time and place of the continued hearing and such announcement, if any, as the County may require the Franchisee to make on its Cable System. 25 ~~ Section 20. Costs The County may require that each applicant for an initial Franchise compensate the County for its direct, out of pocket costs incurred in the award of a Franchise hereunder, including the County's expenses incurred for special counsel or consultants retained to assist it in such award. A bill for such costs as are then determinable may be presented to the Franchisee by the County upon the Franchisee's filing of its acceptance of an initial Franchise hereunder, and if so presented shall be paid at that time, and such additional costs as are determined as payable by the County shall thereafter be paid within 14 days of presentment to the Franchisee. Section 21. Open Video System Operation; Virginia Law (a) In the event that any entity shall obtain certification as an Open Video System ("OVS") operator and thereafter offer or continue to provide service within the County as an OVS operator, then all portions of this Ordinance which are applicable under governing statute or regulation to OVS operators, including payment of required fees which may otherwise be imposed upon cable television operators (including, without limitation, franchise fees), shall apply without interruption or abatement to such entity except to the extent expressly prohibited by law or regulation. (b) Any provision of federal or Virginia law relating to cable television systems shall override and supersede any inconsistent or conflicting provisions of this Ordinance and any Franchise granted pursuant to this Ordinance. Section 22. Severability The provisions of this Ordinance are hereby declared to be severable. If any of its sections, provisions, exemptions, sentences, clauses, phrases or parts be held unconstitutional or void, the remainder of this Ordinance shall continue in full force and effect, it being the intent 26 ~3 now hereby declared that this Ordinance would have been adopted even if such unconstitutional or void matter had not been included therein. Section 23. Acceptance of Franchise No Franchise shall be deemed as granted or renewed pursuant to this Ordinance unless such grant or renewal be approved by the Board and, within 14 days after its receipt of a writing provided by the County, the applicant therefor acknowledges its acceptance of the provisions of this Ordinance and any additional conditions imposed in consideration of such grant by its execution and return of such writing, and provides payment of all sums due hereunder and submits all documentation required herein. Passed by the Board of Supervisors of the County of Roanoke, Virginia on the day of , APPROVED: CHAIRMAN, BOARD OF SUPERVISORS ATTEST: COUNTY CLERK 27 ~~ CABLE TELEVISION FRANCHISE AGREEMENT Between Roanoke County, Virginia and Blacksburg/Salem Cablevision, Inc., d/b/a Adelphia Cable Communications For and in consideration of the provisions and conditions herein contained and the mutual benefits to be derived herefrom, the County of Roanoke, Virginia, hereinafter known as the County, acting through its duly elected Board of Supervisors pursuant to Section 15.2-2108 of the Code of Virginia, 1950, as amended, and Blacksburg/Salem Cablevision, Inc., d/b/a Adelphia Cable Communications, hereinafter known as the Company, do hereby enter into this Agreement, intending by the signatures of their duly authorized representatives appearing below to be bound by the provisions hereof. I. Franchise Grant. The County, after a public hearing at which testimony was heard concerning the economic consideration, the impact on private property rights, the impact on public convenience, the public need and potential benefit, and such other factors as considered relevant, having found that the grant of a franchise to the Company will enhance the public welfare, hereby grants to the Company, its duly approved successors and assigns, a non- exclusive Cable Television Franchise. Pursuant to the Franchise hereby granted, the Company shall have the right to erect, operate and maintain throughout any and all portions of the County not actually being served by any other existing cable service provider holding a license, franchise or certificate of public convenience for the area being served by such other provider, poles, cables, and all other electrical equipment, structures, or fixtures necessary and incidental to the construction, operation and maintenance of a Cable Television System, and to utilize such Cable Television System so constructed, operated and maintained to provide Cable Service and Other Communications Services for the use of the residents and citizens of said County and the persons, firms and other entities doing Page 1 of 16 ~~ business therein, in accordance with and limited by the provisions of this Agreement and the Ordinance of the County known as the "Cable Television Franchise Ordinance," and any duly enacted amendments thereto. II. Term The Term of the Franchise hereby granted shall commence on the date this Agreement is accepted by the Company (the "Effective Date"), and it shall expire on October 15, 2000, which date is acknowledged by the parties as being the same date on which the Company's franchise expires for the jurisdiction within which the Company maintains its headend for the System to which this Franchise applies. Subject to the Company's request therefor, accompanied by a certification by the Company that the Cable System Rebuild has been completed within one of the following specified completion periods, and substantial compliance with the provisions of this Agreement and the Cable Television Franchise Ordinance, the Term shall be extended by Resolution adopted by the County for an additional number of years, as set forth below: (a) Upon completion of the Cable System Rebuild (as described in Section IV of this Agreement) within a period of 5 years following the Effective Date, the Term shall be extended an additional five years; (b) Upon completion of the Cable System Rebuild (as described in Section IV of this Agreement) within a period of six years following the Effective Date, the Term shall be extended an additional three years; or (c) Upon completion of the Cable System Rebuild (as described in Section IV of this Agreement) within a period of seven years following the Effective Date, the Term shall be extended an additional two years. Page 2 of 16 ..~•~ ,~, III. Franchise Acceptance; Warranties. The Company hereby accepts the Franchise granted herein by the County and agrees to erect, operate, and maintain a Cable Television System, to extend, maintain and operate Cable, and to provide Cable Service throughout its Service Area in accordance with and as specified and required by this Agreement. Without limiting in any way the Company's entitlement under this Agreement to provide Cable Service throughout all portions of the County not actually being served by any other existing cable service provider, the Company agrees that its current Service Area (as defined in the Cable Television Franchise Ordinance) shall mean and include the following: (a) All of the Catawba Magisterial District except for an area bounded by Lock Haven Road, continuing south to Peters Creek Road, and continuing north to the Hollins Magisterial District; and (b) That portion of the Windsor Hills Magisterial District which includes the west side of Keagy Road to Walton Lane and from Walton Lane southwest to the Catawba Magisterial District including Fairway Forest Subdivision. As a specific condition to the grant by the County of the Franchise granted by this Agreement, the Company warrants, represents, acknowledges and agrees, as of the Effective Date of this Agreement, that: A. The Company is duly organized, legally exists and is in good standing under the laws of the Commonwealth of Virginia. B. The Company has the power and authority under applicable law and its bylaws and articles of incorporation or other organizational documents, has obtained all necessary resolutions and consents of its board of directors or other governing body, and has obtained all consents which are required to be obtained as of the Effective Date of this Agreement to enter into and legally obligate the Company to this Agreement and to take all Page 3 of 16 (~° actions necessary to perform all its obligations hereunder, and its execution and performance of this Agreement will not result in the breach or violation of any statute, regulation, agreement, judgment or decree to which it is subject. C. The Company is financially able to perform all its obligations under this Agreement. D. To the Company's best knowledge and belief, after due investigation and inquiry, there are no actions, investigations or proceedings pending or contemplated against the Company which, if concluded adversely to the Company, would or could impair its ability to perform its obligations hereunder. IV. Cable System Rebuild. The Company currently owns, maintains and operates a Cable System that provides to Subscribers Cable Service throughout the Service Area as defined above. The Company agrees that it will, no later than seven years following the Effective Date of this Agreement, complete a rebuild (the "Rebuild") of its Cable System in a hybrid fiber-coaxial cable configuration, whereby after completion of such Rebuild the Cable System will have both upstream and downstream capability, with at least a 750 MHZ bandwidth capacity and the capability of simultaneously carrying no less than 84 standard NTSC video channels. The Rebuild shall also include the inherent capability for two-way (i.e., upstream and downstream) communication paths, which shall be implemented when the Company reasonably determines that such implementation is technologically and economically feasible. Upon completion of the Rebuild, standby power shall be available which shall be capable of operating any hub site within the County for a minimum period of twenty-four (24) hours. Such standby power shall be arranged so that signal distribution will be furnished at a minimum through the first active device on each trunk run from the headend (which as of the date of this Agreement is located outside the geopolitical boundaries of the County) and Page 4 of 16 from any hub sites of the System located within the County. In addition, upon completion of the Rebuild, the Company will provide at a minimum one shared-usage portable generator which can be dispatched to the scene of a commercial power outage; the said portable generator may be utilized for any portion of the Company's System served by the same headend, whether or not such portion is located within the Company's Service Area. Following completion of the Rebuild, emergency back-up power shall be provided to each System node in which the optical serving area of that node has, for any consecutive three calendar month period, experienced more than six hours of aggregated electrical power-related Cable service outage during each of those three consecutive months; provided, however, that service outages caused by force majeure, including acts of God and natural disasters, shall not be considered in determining whether a requirement exists for installation of emergency back-up power. Such emergency back-up power shall be provided within six months following the third month in which the immediately foregoing sequence of electrical power-related service outages has occurred, and shall be capable of powering the affected node for at least two hours of continuous operation. Completion of the Rebuild shall include the requirement for activation and delivery of service on the upgraded Cable System to all Subscribers or other lawful users within and throughout the Company's defined Service Area. In connection with the Rebuild of the Company's Cable System, upon request the Company shall provide to the County Administrator monthly written progress reports after the County has been notified that the Company has begun the upgrade. If requested, the Company agrees that it shall periodically present to the Board of Supervisors such information concerning the status of the Cable System Rebuild as the Board may reasonably require. Page 5 of 16 ~~ The Company agrees that it shall, to the maximum extent reasonably possible, provide advance notice to affected Subscribers of any planned Cable Service outages caused by the Cable System Rebuild and shall keep the Director of Community Relations apprised of areas within the County where Rebuild activities are in progress. During the course of the Cable System Rebuild, the Company agrees that it shall minimize disruption to or interruption of Cable Service provided to Subscribers and maintain all regularly provided programming and other services. Recovery of that portion of the Company's Rebuild costs properly attributable or allocable to regulated cable services shall be in accordance with the FCC's rules established for Cable Rate Regulation. V. Additional Channel and Facilities Requirements The Company agrees and acknowledges that its provision of the services, facilities and equipment as set forth below, all of which, unless otherwise specified, are in support of the County's public, educational or governmental ("PEG") channel requirements and shall be provided on a no-cost basis to the County, is not and shall not be deemed as an in-kind equivalent to any Franchise Fee payment unless required by preempting federal law or regulation. Unless otherwise specified below, the Company agrees to and shall comply with all additional channel requirements described in this Section V upon the earlier of completion of the Cable System Rebuild or at such time as System channel capacity is available therefor, and agrees that it shall exert reasonable efforts to so comply at the earliest possible date. The availability of system channel capacity shall be as initially determined by the County, provided, however, that in the event of any disagreement by the Company as to such availability, the Company shall have the right to present to the County in a public hearing its contrary views concerning such availability before any final determination thereon shall be made. In making such final determination, the County shall Page 6 of 16 ~I~ not be obliged to consider whether greater economic gain would accrue to the Company from alternative channel usage. A. Standard Governmental Support. The Company agrees to provide within its Service Area one free standard cable drop, one free converter/descrambler (if required), one energized outlet (and up to three additional energized outlets at a location or locations specified by the County, subject to one month's advance notice by the County), and Basic Service and Cable Programming Service, each as defined by the Cable Act, at no charge to each governmental building (including the County's Regional Fire Training Center), fire station, police station, library, and other buildings occupied by the County or agencies thereof (excluding housing units, outbuildings, storage facilities and buildings owned by the County but not used for governmental purposes), located within 250 feet of the Company's distribution system and within the Company's Service Area, as requested by the County or such other agency or entity that exercises dominion or control over the facility to which the provisions of this Subsection A apply. Any attached structures shall be treated as separate buildings if so identified. The Company agrees to provide or extend the foregoing to any future buildings or facilities of the above-described nature that are established within the County, including such future buildings or facilities that are occupied by the County at the Roanoke County Center for Research and Technology. Any standard cable drop provided hereunder may be internally extended by the County without imposition of any fee therefor by the Company. The Company agrees that it shall, as requested by the County, at a charge equal to its cost with no markup, maintain all Cable installed or to be installed within all of the afore- described governmental buildings, fire stations, police stations, libraries, and other buildings occupied by the County or agencies thereof; provided that cost reimbursement for such maintenance shall not be considered as part of the Company's Gross Revenues. Page 7 of 16 F3 B. Government Channels. The Company has reserved Cable Channel 3 exclusively for use by the County, pursuant to the terms of the franchise agreement under which the Company has been providing Cable Service to the County prior to the date of this Agreement. Without altering the Company's obligation to continue the reservation of Cable Channel 3 for the County's exclusive use, which obligation is hereby acknowledged and reaffirmed by the parties, the Company agrees that, not later than six months after any request therefor by the County, the Company shall provide and make available for exclusive use of and control by the County up to two additional separate activated channels, which shall at all times be carried as part of the Basic Service tier offered to Subscribers by the Company. The County agrees that it shall make no request for either of the aforesaid two additional separate activated channels until such time as each existing government channel (as described in this Subsection B of Section V) is programmed an average of at least eight hours per day, not including any repeated video programming, as determined from any three week period during the immediately preceding five week period. If and when activated, each such additional channel shall be configured to permit the introduction of live and videotaped programming from up to three activated signal insertion points at locations designated by the County within the Company's Service Area; provided, however, that, unless previously advised by the County of the desired locations of the activated signal insertion points, the Company shall give the County at least six months notice prior to completion of system design of the Rebuilt System, and the County shall as soon thereafter as possible, and consistent with the Company's design requirements, notify the Company of such desired locations. If activated, each such additional government-controlled channel shall be used for the carriage of programming to be determined by the County, including live videocasts of Board of Supervisors meetings, videotaped or live public safety programming, Page 8 of 16 F3 educational programming and other events or programming of County-wide interest as determined by the County. To the extent technically and economically feasible, the Company agrees that it will exert its best efforts, through negotiated agreement with any other franchised cable operator providing cable service to portions of the County outside the Company's Service Area, to provide for the simultaneous cablecasting of programming carried on each such additional government-controlled channel on one other County government channel provided on such other franchised cable operator's system. C. Educational Support. The Company agrees to provide one free standard cable drop, one free converter/descrambler (if needed), and one energized outlet and Basic Service and Cable Programming Service at no charge to all public and state-accredited private elementary and secondary schools within the Company's Service Area, and shall also provide or extend the foregoing to any future public and state-accredited private elementary and secondary schools in the Company's Service Area. Each standard cable drop so provided may be internally extended by the County without imposition of any fee therefor by the Company. With respect to any future educational structures or facilities established within the Company's Service Area, the Company agrees that it shall, subject to advance coordination between the County and the Company, provide one energized outlet within each classroom (whether such classroom is a permanent structure or otherwise) and two energized outlets in the main office area for each such future educational structure or facility. In addition, the Company shall provide and install, at a charge equal to its cost with no markup, additional Cable as required by the Roanoke County School Division, for the purpose of closed circuit cablecasting within each educational structure or facility; provided that cost reimbursement for such additional Cable shall not be considered as a part of the Company's Gross Revenues. Page 9 of 16 The Company agrees that it shall, as requested by the Roanoke County School Division, at a charge equal to its cost with no markup, maintain all Cable installed or to be installed within the educational structures or facilities established within the County and located in the Company's Service Area; provided that cost reimbursement for such maintenance shall not be considered as part of the Company's Gross Revenues. The Company further agrees that it shall offer for purchase by the Roanoke County School Division, prior to the Company's sale or offer to sell to any Person other than entities to which it has pre-existing contractual commitments, any studio or headend equipment being phased out or replaced that, in the Company's reasonable estimation, would be required or appropriate for use by Roanoke County Public Schools in the production and/or videocasting of video programming. The Company agrees that it shall provide 50 copies of the magazine Cable in the Classroom each month to the Roanoke County School Division for subsequent distribution to the County's educational facilities. D. Monetary Grant. As an indication of the Company's interest in and support of the County's future cable-related needs, the Company agrees, within three months after a request in writing therefor is made by the County, to provide to the County a grant of funds in an amount not to exceed $41,760, which amount represents asubscriber-based prorata increase in the monetary grant made by the Company at the date of initial franchise grant, which date was October 4, 1994. Any unused portion of said amount is to be made available to the County thereafter if requested, subject to the aforesaid three months advance notice in writing. Such grant funds are intended, if requested by the County, to be used in furtherance of such educational goals (including support of County libraries) as the County deems appropriate. Page 10 of 16 a F3 E. Internet Services. The Company agrees that it shall, as soon as reasonably possible after receipt of a request therefor and subject to the availability thereof, provide and install one free bi-directional high-speed Internet installation (Adelphia's Power Link Service), not networked, and one broadband cable modem to each public and state- accredited private elementary and secondary school and to each public library within the Company's Service Area, and shall waive all installation and continuing access fees for the provision of Internet service. F. Roanoke Valley Television. The County maintains a television production studio operating under the name of Roanoke Valley Television ("RVTV"). RVTV produces for live or time-delay cablecasting programming of general interest to the County's residents, including live cablecasts of meetings of the Board of Supervisors. Programming produced by RVTV is provided to the Company's headend via a live fiber feed from the headend of the franchised cable operator providing cable service to portions of the County outside the Company's Service Area. The Company agrees that it shall exert its best efforts, through negotiated agreement with such other franchised cable operator, to ensure that RVTV's programming continues to be available through such live fiber feed and is carried on the Company's System on Cable Channel 3, consistent with the arrangements existing at the time of execution of this Agreement. The Company also agrees that, in the event that the RVTV programming becomes non-available through the live fiber feed, it shall exert its best efforts to obtain such programming directly from RVTV's studios for continued carriage on Cable Channel 3. G. Future Needs Assessment; Duty of Cooperation. The County has expressed an interest in future utilization of the broadband transmission capabilities inherent in the Company's System for, among other things, insertion and transmission of data between remote locations within the County and for automatic meter reading by the County's Utility Page 11 of 16 ~3 Department. The parties recognize, however, that the prospective costs and technical feasibility (including availability of sufficient upstream bandwidth) of providing such services are, as of the date of this Agreement, not subject to ready or accurate determination. The parties also recognize that future technological changes may allow the Company's System to be utilized in ways that are not presently contemplated or visualized, and that development of a means whereby the parties may together explore future technological applications of the Company's System would be in the County's and the Company's mutual interest. Accordingly, the County and the Company agree that either party may, during the Term of the Franchise granted by this Agreement, initiate discussions with the other party for the purpose of further assessing the developing technological needs of the County, to determine the adaptability of the Company's System to those needs, and to identify mechanisms whereby the County's developing needs may more effectively be met by the Company's System. Upon initiation of such discussions by either party, each party agrees that it will exert good-faith efforts, if requested by the other: (i) to assist in developing and disseminating community-based needs assessment surveys to more accurately determine the community's cable-related needs in light of such technological developments as may then be available or contemplated; (ii) to assist in determining the economic and technological feasibility of implementing, through the Company's System, the community- based needs identified through such needs assessment surveys as are developed and disseminated and such other community input as may be available, including input from the County's representatives; and (iii) to enter into meaningful negotiations directed toward implementation of such needs as are determined to be economically and technologically feasible. Page 12 of 16 .' 1" ,~~ H. Digital Compatibility. In the event that the Company provides digital or other video programming signals on either or both of the Basic Service tier or the Cable Programming Service tier, if such video programming signals are incompatible with television sets then used at any County-occupied buildings or any public or state-accredited private elementary and secondary school located within the Company's Service Area, the Company shall at no cost to the County or other affected agency, division or department provide such converters as are required to allow reception of such video programming signals by all such television sets then in use. VI. Maintenance of Existing Services Non-Duplication. The Company, as an existing Franchisee, currently provides certain services to County governmental agencies and departments (including police and/or fire protective organizations), educational and civic organizations and structures within the County. The Company agrees that nothing contained herein shall constitute consent from the County to discontinue such services as the Company has already, under any pre-existing franchise or other agreement, provided to such governmental, educational and civic organizations and/or structures, and the Company agrees to continue to provide such services notwithstanding the execution of this Agreement by the parties. The County agrees that, to the extent the requirements established herein have been previously met or substantially complied with by the Company prior to the Effective Date of this Agreement and represent the current state of the Company's services or its System, nothing herein shall be construed to require the Company to duplicate such requirements as a condition of this Agreement. VII. Miscellaneous. A. In the event that any suit, judgment, execution, claim or demand arises, as to which the County asserts a right of indemnification pursuant to Subsection (a) of Section 7 (Franchisee Liability; Indemnification) of the Cable Television Franchise Ordinance, the Page 13 of 16 ~' ~3 County agrees to refer the defense thereof to the Company, and the Company shall thereafter have the right and the obligation to defend, settle or compromise such suit, judgment, execution, claim or demand, in which effort the County shall cooperate fully. B. In the event that the County shall notify the Company of any required increase in the Company's general liability or comprehensive automobile liability insurance coverage, pursuant to Subsection (b) of Section 7 (Franchisee Liability; Indemnification) of the Cable Television Franchise Ordinance, the Company shall have the right to demonstrate to the County's reasonable satisfaction the existence of alternative means of adequately insuring the County against loss, and should the County reject such alternative means as unacceptable, the County shall provide in written form, in objectively articulable terms, its rationale for such rejection. C. For purposes of Section 14 (Approval of Transfer) of the Cable Television Franchise Ordinance, no sale, assignment, transfer or lease shall be deemed to occur when the Franchise is sold, assigned, transferred or leased to a company owned, managed or controlled by Adelphia Communications Corporation, any of its subsidiaries, John J. Riggs or any member of his immediate family, or the assets or stock of the Company are pledged to a financial institution as security for refinancing purposes. VIII. Incorporation by Reference. The above-cited Cable Television Franchise Ordinance, including the Definitions set forth or referenced therein, is hereby incorporated herein and made a part hereof as if fully set forth herein, and the County and the Company do hereby agree to be bound by the terms, conditions, and provisions set forth therein and to be bound by the terms, conditions, and provisions of any duly enacted amendment thereto. Without altering the County's authority to make such future amendments to the Cable Television Franchise Ordinance as the County deems necessary or appropriate in the exercise of its police powers, the County Page 14 of 16 ~, ~3 shall not amend or change unilaterally such Ordinance in any way that would serve to impair the Company's contractual rights and entitlements under this Agreement, and it is agreed by the parties that, in the event of any conflict between this Agreement and the Cable Television Franchise Ordinance, as it exists now or may be amended in the future, the provisions of this Agreement shall control. The Company, by its acceptance of the Franchise hereby granted, acknowledges that the incorporation of the Cable Television Franchise Ordinance in this Agreement constitutes written notice of the County's intention to enforce the Customer Service Standards set forth in FCC Rule §76.309(c). IN WITNESS WHEREOF, we, the authorized representatives of each of the parties, have set our hands and seals to this Agreement below. EXECUTION Approved the day of EFFECTIVE DATE: EXECUTED: COUNTY OF ROANOKE, VIRGINIA By: Title: County Administrator ATTEST: By: County Clerk Date: Date: 2000. Page 15 of 16 3 ACCEPTED: BLACKSBURG/SALEM CABLEVISION, INC., d/b/a ADELPHIA CABLE COMMUNICATIONS By: Title: Date: ATTEST: I hereby certify that I am the of and that is of the Company and has duly executed and accepted the Franchise granted by this Franchise Agreement. By: Title: Date: Page 16 of 16 f ACTION NUMBER ITEM NUMBER ~ ~~° " AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2000 SUBJECT: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. BLUE RIDGE ALLIANCE FOR ORGAN AND TISSUE DONATION The two year term of Mary H. Allen expired November 21, 2000. This committee is currently inactive but may become active again in 2001. 2. BLUE RIDGE COMMUNITY SERVICES The three year term of Gary Kelly expires December 31, 2000. Mr. Kelly was filling the unexpired term of Susan Scheibe. Attached is a letter from Blue Ridge Community Services recommending his reappointment. The three year term of Member at large Mr. John M. Hudgins, Jr. expires December 31, 2000. Mr. Hudgins is filling the unexpired term of Rita Gliniecki. The at large appointment is recommended by the Blue Ridge Community Services Board of Directors and ratified by the Board of Supervisors. 3. GRIEVANCE PANEL The three year terms of Henry H. Wise, Alternate, expired October 28, 2000. 4. PLANNING COMMISSION The four year term of AI G. Thomason, Sr., Windsor Hills Magisterial District, expires December 31, 2000 Supervisor McNamara requested that the Clerk contact Mr. Thomason to see if he wished to be reappointed. Mr. Thomason has indicated that he wishes to serve another term and his confirmation is on the Consent Agenda. 1 r f~~- 5. SOCIAL SERVICES ADVISORY BOARD The four-year term of Robert H. Lewis, Vinton Magisterial District, expired August 1, 2000. Mr. Lewis has served two consecutive terms and is not eligible for reappointment. SUBMITTED BY: -~Yt-0-.-ram- Mary H. Allen, CMC/AAE Clerk to the Board ACTION Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: APPROVED BY: Elmer C. Hodge County Administrator VOTE No. Yes Abs Church Johnson _ McNamara- Minnix _ _ _ Nickens _ _ _ 2 ~ Blue Ridge a' Community Services The Honorable Joseph McNamara, Chairman Roanoke County Board of Supervisors P.O. Box 29800 Roanoke, VA 24018-0798 ~1-~ November 10, 2000 Dear Mr. McNamara: Rodney P. Furr Chairman William L. Lee Vice Chairman Meredith B. Waid Treasurer Rita J. Gliniecki secretary Executive Director S. James Sikkema, LCSW ~~ ~ According to our records, the current term of Mr. Gary Kelly as a representative of Roanoke County on the Blue Ridge Community Services Board of Directors will expire December 31, 2000. Mr. Kelly has been completing the unexpired term of Mrs. Susan Scheibe, and in his brief tenure has become an enthusiastic and valued member of our Board. In compliance with Virginia statutes regulating appointments to community services boards, he is eligible for consideration for reappointment for athree-year term. At the present time, four members of our Board are, or have been, consumers or family members of consumers who have received public or private behavioral healthcare services. This information is provided in keeping with the statutory requi'~ments of § 37.1-195 A of the Code of Virginia, as amended. Sin~~~~, S. James`Sikkema Executive Director C: Mr. Rodney P. Furr Mr. Elmer C. Hodge Mr. John M. Chambliss, Jr. Ms. Mary H. Allen Mr. Gary Kelly Executive Offices - 301 Elm Avenue, SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax: (540) 342-3855 TTY: (540) 345-0690 Serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke -w AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5, 2000 RESOLUTION 120500-4 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 December 5, 2000, 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 6, inclusive, as follows: 1. Confirmation of committee appointments to the Grievance Panel and Planning Commission. 2. Request for acceptance of a portion of Pettit Avenue into the Virginia Department of Transportation Secondary System. 3. Request from School Administration to accept and appropriate $5,966.22 from the Department of Education for mailing School Performance Report Cards. 4. Request to accept and appropriate $55,790 in Federal Title IV-E Pass- through funds to the Department of Social Services. 5. Resolutions of appreciation: (a) upon the retirement of Dana L. Gibson, Utility Department (b) honoring the late Cecil D. Pugh, Utility Department 6. Donation of 20 foot easement located in the Catawba Magisterial District from William R. Hodges, Jr. and Janette Coakley Hodges (Tax Map # 15.00- 01-11) to the Board of Supervisors 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 1 ., ~- pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, McNamara NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: `7')Lc~.~~ ~ . Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development C. Ben Helmandollar, Associate Director of Federal Programs. Diane D. Hyatt, Chief Financial Officer Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Betty R. McCrary, Director, Social Services W. Brent Robertson, Director, Budget John M. Chambliss, Jr., Assistant County Administrator George W. Simpson, Jr., Assistant Director, Community Development 2 .ti M ~ A-120500-4.a ACTION NO. ITEM NUMBER .~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2000 AGENDA ITEM: Confirmation of Committee appointment to the Grievance Panel and Planning Commission COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION GRIEVANCE PANEL At the November 14, 2000 meeting, Supervisor Church nominated alternates King Harvey and Karen Ewell to three-year terms which will expire October 28, 2003. PLANNING COMMISSION Supervisor McNamara has been informed that AI Thomason, Windsor Hills Magisterial District, has indicated that he wishes to serve another four-year term which will expire December 31, 2004. STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed by the Board of Supervisors. Submitted by: ~• Mary H. Allen CMC/AAE Clerk to the Board Approved by, ~~ ~~'!ti.- Elmer C. Hodge County Administrator 1 . ,~ ACTION Approved (x) Motion by: Bob L Johnson to approve Denied ( ) Received ( ) Referred ( ) To ( ) cc: File Grievance Panel File Planning Commission File ~'nt VOTE No Yes Absent Church _ x Johnson - x McNamara- x Minnix _ x Nickens _ x 2 :~ z THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 5TH DAY OF DECEMBER, 2000, ADOPTED THE FOLLOWING: RESOLUTION 120500-4.b REQUESTING ACCEPTANCE OF PETTIT AVENUE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineerfor the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Johnson Seconded By: None Required Yeas: Supervisors Johnson Minnix, Church, McNamara Nays: None Absent: Supervisor Nickens A Copy Teste: y'Y~ ~ ~• L~G~-- Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Virginia Department of Transportation - ,,.,,, I 4 rO 0 ~° ~~ rormser+o ao SITE NORTHBROOKE, Pettit Avenue SECTION 1 V I CINI ~'~ ~IA~~~ RO.~NQ~ COUNTY ~ ~ NORTPIBROOKE, SECTION 1 `~ .DEP~iRT~E'N?' ~~ ~ Acceptance of a portion of Pettit Avenue into the Virginia CO~~'U~ITY, ~~~~~~~~~~ Department of Transportation Secondary System t ACTION NO. ITEM NUMBER ~' i~, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2000 SUBJECT: Acceptance of a portion of Pettit Avenue into the Virginia Department of Transportation Secondary System. COUNTY ADMINISTRATOR'S COMMENTS: D Charles R. Simpson, Inc., the developer of Northbrooke, Section 1, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept 0.08 mile of Pettit Avenue, from the intersection of Belle Haven Road (VA. Sec. Rte. 1836) to the intersection with Townsend Road. The staff has inspected this road along with representatives of the Virginia Department of Transportation and finds the road is acceptable. No county funding is required. The staff recommends that the Board approve a resolution to VDOT requesting that they accept this portion of Pettit Avenue into the Secondary Road System. 1 i ~~ ~ S ITTED BY: APPROVED: ~~ d Covey, Director Elmer C. Hodge Department of Community Deve opment County Administrator Approved () Motion by: Denied ( ) Received ( ) Referred to ACTION Church Johnson McNamara Minnix Nickens VOTE No Yes Abs 2 ~r O~ THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 5TH DAY OF DECEMBER, 2000, ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF A PORTION OF PETTIT AVENUE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR-5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street ~uirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote A Copy Teste: Moved by: Seconded by: _ Yeas: Nays: Mary Allen, Clerk Roanoke County Board of Supervisors pc: Arnold Covey, Director, Department of Community Development Virginia Department of Transportation File ' e - aN w o ~ c2 ~~ }~ Towr+s~r+ A0 SITE NoRTIIBxoolcE, Pettit Avenue SECTION I - V~"CIN~~'Y ,~1A~~ ' ~..ff"y/L R~ ~'j ExiSr. GAs ~ ~ ,~ ~' e" reA 4ux<4s~ ~P~ l '~~ ~ ,~,+' F E., r~~~~nr ~ 4 .. ~ if N ~ ~ ~ pL ' ~ ng>o5 A, .7-.rn IN ~ fl .w ruLi I 9LOw~,r ~a NOR. g lhiu '~45'%i0. 5fEEU 5~ ) '. ` 5 ~LL~ SAY ~~~ P '4r ~ ~~ Yj• ~ AAA ^~ _ 564 ( ~GOGAJ/ON Q"N.P ~`- j`t ~ ~ ~ ~ ~ 1~ ~ ~ _ ,~ --- ErlSt ,- ,..~- fENGREJ~F/PF ~ ~~ ~ ~ 1 ,~ ~--~ ~ a ^-z~ CC' ) I ~+ Z. ~I/q-/ 1 IA ~-y ~ I. Effrr e.....:._ ~ s ~w ~1E ~~ ~~- 4 ~rE~~ ~;P. t~ ~o I ~L __.) _______ G s.__ ary ff `+~~^~a• r~"'~~-.. ~' AftP ROX TOWNSEND !~ 7, ~_Q +~,- _`--~oR_ --, RO ~ ~~~~ ~ ?'FGAi7~/AH.YGp VEC 7APEW' S5'W m: ZF ¢. e.: _..,.~,,- _ • ~ - (J -..- I' 0 8'LNU55 ~.r I ~- . +,4ylIJ\ r _ - __~ ,r~d~4VD _~_4 u8,:~nitsz ~ IJ_I -~0g3e-3o;sa - `p~~ate)~~_'~^`'"` _ J_P. ef~iaP__~ ~`~ PETTIT AVE. -- PAR s,_,a E~z, ------ _ _ - I m I°~ ~ m e-ka~rEr~,o - _ ~ (Northbrooke Sect. 1) I I~ ~ .' I~, ~ ~ [ ;,Er '~ ,~j ~, ~-~ f' ~ I `.'. °~., I b'..iz~ ~ :r ^~ I I `I ;. Q ,,. _ n~e,y. J 4' _ PROPOSED ADDITION SHOWN IN GRAY DESCRIPTION: 1. Pettit Avenue -from the intersection of Belle Haven Road (State Rte 1836) to the intersection with Townsend Road. LENGTH: (1) 0.08 MILES RIGHT OF WAY: (1) 50 FEET PAVEMENT WIDTH: (1) 20 FEET SERVICE: (1) ---------------=- .RD.~#N'OK~' ~'071'N'T'`Y' DEPA~R3'rlrf~'N?' ~F ~03~.c1fU~V7TY .D~YEDO~'~d~'N2' -- ,~ NORTIIBROOKE, SECTION 1 Acceptance of a portion of Pettit Avenue into- the Virginia Department of Transportation Secondary System r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5, 2000 RESOLUTION 120500-4.e EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF DANA L. GIBBON, UTILITY DEPARTMENT WHEREAS, Dana L. Gibson was first employed by the Roanoke County Public Service Authority on October 2, 1967, as a water operator, and on June 30, 1980, was employed as a water operator in the Roanoke County Utility Department; and WHEREAS, Mr. Gibson retired from Roanoke County on September 1, 2000 after more than thirty-two years of service; and WHEREAS, Mr. Gibson could be relied upon to complete projects with the utmost degree of quality and professionalism; and always approached his work with enthusiasm and a positive attitude; and WHEREAS, Mr. Gibson has been involved in the successful development and training of many new employees in the Utility Department; and WHEREAS, Mr. Gibson, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DANA L. GIBBON for more than thirty-two years of capable, loyal and dedicated service to Roanoke County; and 1 r~ FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, McNamara NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: ~• ~-G,n-"~- Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Resolutions of Appreciation Gary Robertson, Director, Utility Joe Sgroi, Director, Human Resources 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5, 2000 RESOLUTION 120500-4.f HONORING THE LATE CECIL D. PUGH FOR MORE THAN TWENTY FOUR YEARS OF SERVICES TO ROANOKE COUNTY WHEREAS, the late Cecil D. Pugh was first employed by the Roanoke County Public Service Authority on September 2, 1975, as a Motor Equipment Operator I in the Utility Department, and also served as Motor Equipment Operator II; and WHEREAS, Mr. Pugh never had an unkind word to say about anyone and always exhibited a cheerful and pleasant demeanor to everyone; and WHEREAS, Mr. Pugh was one of the most capable equipment operators ever employed by Roanoke County; and WHEREAS, Mr. Pugh, who retired from Roanoke County on August 1, 2000, after more than twenty-four years of service, and passed away on August 14, 2000, will be greatly missed by his fellow co-workers, his family, and the citizens of Roanoke County. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby express its sorrow at the death of Mr. Pugh and convey its deepest sympathy to his family; and BE IT FURTHER RESOLVED that the Board of Supervisors wishes to honor his memory and express its deepest appreciation and the appreciation of the citizens of Roanoke County for Mr. Pugh's many years of capable, loyal and dedicated service to Roanoke County; and BE IT FURTHER RESOLVED that a copy of this resolution be sent to Mr. Pugh's wife and family. 1 r On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, McNamara NAYS: None ABSENT: Supervisor Nickens A COPY TESTE: Tom' Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Resolutions of Appreciation Gary Robertson, Director, Utility Joe Sgroi, Director, Human Resources Mrs. Cecil D. Pugh and family 2 .~ .+ ACTION NO. ITEM NUMBER .. ~ -- ~C~_ ~`'~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2000 AGENDA ITEM: Request for approval of resolution of appreciation (a) upon the retirement of Dana L. Gibson, Utility Department; and (b) resolution honoring the late Cecil D. Pugh, Utility Department, for his service to Roanoke County COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Human Resources Department has notified us that Mr. Dana L. Gibson, Utility Department, retired on August 1, 2000, after more than thirty-two years of service to the County. Mr. Gibson has requested that his resolution be mailed to him. We were also notified that Mr. Cecil D. Pugh, Utility Department, retired on August 1, 2000, after more than twenty-four years of service to the County. Mr. Pugh passed away on August 14, 2000 after a brief illness. It is recommended that the Board approve the attached resolutions and direct the Deputy Clerk to mail Mr. Gibson's resolution to him ar~d Mr. Pugh's resolution to his wife with the appreciation of the Board members for their many years of service to the County. Respectfully submitted, Brenda J. olton, CMC Deputy Clerk Approved by, ~~r~ Elmer C. Hodge County Administrator ~~ Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: VOTE No Yes Abs Church Johnson _ McNamara- _ _ Minnix _ _ _ Nickens ~'"'rJ, ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5, 2000 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF DANA L. GIBBON, UTILITY DEPARTMENT WHEREAS, Dana L. Gibson was first employed by the Roanoke County Public Service Authority on October 2, 1967, as a water operator, and on June 30, 1980, was employed as a water operator in the Roanoke County Utility Department; and WHEREAS, Mr. Gibson retired from Roanoke County on September 1, 2000 after more than thirty-two years of service; and WHEREAS, Mr. Gibson could be relied upon to complete projects with the utmost degree of quality and professionalism; and always approached his work with enthusiasm and a positive attitude; and WHEREAS, Mr. Gibson has been involved in the successful development and training of many new employees in the Utility Department; and WHEREAS, Mr. Gibson, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DANA L. GIBBON for more than thirty-two years of capable, loyal and dedicated service to Roanoke County; and 1 ~, .. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. .~ ~~ AT A REGULAR MEETING OF THE BOARD OFaUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COt.~NTY ADMINISTRATION CENTER ON TUESDAY, DECEMBE~t 5, 2000 RESOLUTION HONORING THE LATE CECIL II . PUGH FOR MORE THAN TWENTY FOUR YEARS OF SERVICES TO OANOKE COUNTY WHEREAS, the late Cecil D. Pugh was first employed by the Roanoke County Public Service Authority on September 2, 1975, as a (Motor Equipment Operator I in the Utility Department, and also served as Motor Equipm~nt Operator II; and WHEREAS, Mr. Pugh never had an unkind wo~d to say about anyone and always exhibited a cheerful and pleasant demeanor to everyone; and WHEREAS, Mr. Pugh was one of the most capable equipment operators ever employed by Roanoke County; and WHEREAS, Mr. Pugh, who retired from Roanokke County on August 1, 2000, after more than twenty-four years of service, and passed away on August 14, 2000, will be greatly missed by his fellow co-workers, his family, an I the citizens of Roanoke County. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby express its sorrow at the death of Mr. Pugh and convey its deepest sympathy to his family; and BE IT FURTHER RESOLVED that the Board c~f Supervisors wishes to honor his memory and express its deepest appreciation and t~e appreciation of the citizens of Roanoke County for Mr. Pugh's many years of capable, loyal and dedicated service to Roanoke County; and BE IT FURTHER RESOLVED that a copy of th;s resolution be sent to Mr. Pugh's wife and family. ACTION #A-120500-4 . c ITEM NUMBER MEETING DATE: December 5, 2000 AGENDA ITEM: Request from Schools to accept, and appropriate $5,966 from the Department of Education fob mailing School Performance Report Cards. c~nrrnTTY ADMINISTRATOR' S COMMENTS : ~ ! ~`y?~~ ~ I'~~ BACKGROUND: The State Department of,Educa ion has transferred $5,966.22 to Roanoke County to pay the postage for mai~ing the School Performance Report Cards to be sent home to all parents of students in Roanoke County Schools in two mailings ~TTMMARy OF INFORMATION: Funds will be deposited in the elementary and secondary testing postage account and allocaed to schools based on 100% of fall membership C33 cents per student. Chec s will be sent directly to the schools from the account. A small overage w 11 remain to provide postage for requests for school information from cen~ral and to cover additional requests from schools. FISCAL IMPACT: All postage will be covered b this grant unless schools include inserts weighing more than one ounce STAFF RECOMMENDATION: Approval of the request for appropriation of the postage rant tot ing $5 966.22 to the elementary and secondary testing p co n t b and of supervis rs ./I~(/'f/ r ~' / " C. Ben Helmandollar - Elmer C. odge Associate Director of County Administrator Federal Programs ACTION VOTE No Yes Absent Approved (x) Motion by: Bob L. Johnson to approve! Church _ x Denied ( ) Johnson _ x Received ( ) McNamara- x Referred ( ) Minnix - x To ( ) Nickens _ ._ x cc: File C. Ben Helmandollar, Associate Director of Federal Programs. Diane D. H~ratt,. Chief Financial Officer Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board A_120500-4.d ACTION NO. ITEM NUMBER ~` 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5 , 2000 AGENDA ITEM: Request to Appropriate $55,790 in Federal Title IV-E Pass- Through to the Department of Social Services and increase the Classification Plan by three full time grant positions COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. Please note that these Title IV-E funds will require increasing the number of County full-time grant funded positions by 3. If the grant funds are discontinued in the future, the positions will also be discontinued. BACKGROUND: The Virginia Department of Social Services (VDSS) recognizes that the current social services delivery system cannot meet the demands of increasing individual and community needs. VDSS is now in a position to help localities increase funds available to better meet the needs of residents. For the first time in history, VDSS has designed a local revenue maximization initiative which allows local governments to secure additional Federal funding to which they are entitled. Local governments can request up to 50% reimbursement for local dollars spent on services and administrative costs associated with pre-placement prevention for children (services provided with local dollars which are designed to prevent out of home placement, mainly foster care). However, these reimbursement funds must be reinvested into human service programs within the locality and cannot supplant existing funding or be redirected for non-social services use. In April 2000, representatives from the Social Services Department, Court Services Unit, Community Policy and Management Team, Finance, Health, Schools, Police, local government and Blue Ridge Community Services were invited to meet with VDSS to explore the development of a Roanoke County Revenue Maximization Project (Title IV- 1 ~. ~. 1-Y Pass-Through dollars). The process included defining the unmet needs of the community and developing a vision to better meet those needs, selecting the appropriate Federal programs to access, documenting the eligibility of the persons to be served, establishing formal linkages with VDSS and community partners, and submitting accurate claims for reimbursement. The Roanoke County Revenue Maximization Project plan was approved by the Community Policy and Management Team and then submitted to VDSS Department of Finance and Commissioner Sonya Rivera on 6/12/00. The plan was approved on 9/1/00. The initial Roanoke County Revenue Maximization Plan claim is for $55,790, funds readily identified by service delivery to existing cases which meet the criteria for reimbursement. We estimate an additional $82,940 reimbursement 10/1/00 to 6/30/01. Our next focus will be to explore and identify additional expenditures that are eligible for reimbursement and additional funding streams for services currently being delivered to County residents. SUMMARY OF INFORMATION: The Roanoke County Revenue Maximization Plan was approved in 9/1/00. Initial reimbursement will be $55,790. These funds will be used to initially employ three full time grant funded staff: a financial analyst (focus on management of the funds, verification and submission of claims, and exploring additional revenue streams available), and two social workers (one to focus on family violence prevention, intervention and case management, and one to focus on day fo day management and service delivery for cases from the Family Assessment and Planning Team, and preventive and non-custodial foster care cases). The Department of Social Services cannot access these Federal funds until the County has appropriated the same. The Board of Supervisors is requested to accept and appropriate these monies from the State to the FY00/01 Social Services budget. FISCAL IMPACT: Appropriate $55,790; no local match required. 2 '`. ,, r~ y STAFF RECOMMENDATION: Staff recommends appropriation of $55,790 Title IV-E Pass-Through Funds to the FY00/01 Social Services budget, to be established as a special grant fund, and to amend the FY00/01 Classification Plan to include three full time grant positions with benefits. Respectfully submitted, Betty R. cCrary, Ph.D. Director of Social Services Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Approv d by, ~/~~~ Elmer C. Hodge County Administrator ACTION VOTE No Yes Absent Church _ x Johnson - x McNamara_ x Minnix _ x Nickens _, x Motion by: Bob L Johnson to approve cc: File Betty R. McCrary, Director, Social Services W. Brent Robertson, Director, Budget Diane D. Hyatt, Chief Financial Officer John M. Chambliss, Jr., Assistant County Administrator 3 A-120500-4 . g 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: December 5, 2000 AGENDA ITEM: DONATION OF 20 FT. EASEMENT FROM WILLIAM R. HODGES, JR. AND JANETTE COAKLEY HODGES (TAX MAP NO. 15.00-01- 11) TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY IN THE CATAWBA MAGISTERIAL DISTRICT. COUNTY ADMINISTRATOR'S COMMENTS: This consent agenda item involves conveyance of a 20 ft. strip of land to the Board of Supervisors in the Catawba Magisterial District of the County of Roanoke: a) A perpetual RIGHT and EASEMENT, 20 feet in width, to construct, operate, maintain, inspect and repair or replace a drainage system and related improvements including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to the Grantor, acquired by deed dated July 26, 1988 and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1289, page 662, and designated on the Roanoke County Land Records as Tax Map No. 15.00-01-11 (the "Property"). The location of said easement is more particularly described on the plat attached hereto as "Exhibit A" and by this reference made a part hereof (the "Plat"). TOGETHER WITH a temporary construction easement 10 feet in width for use as temporary work space and to allow for necessary grading and storage during any phase of construction, reconstruction, repair, or replacement of the drainage system. The location of said easement is more particularly described on the plat. The County's engineering staff has reviewed and approved this location and dimension of this right-of-way. Staff recommends acceptance of this right-of-way. SUBMITTED BY: ~~ ~. ~~ George W. Simpson, III, P.E., Assistant Director Department of Community Development APPROVED BY: Elmer C. Hodge County Administrator ACTION VOTE No Yes Absent Approved (x) Motion by: Bob L. Johnson to approve Church _ x Denied () Johnson _ x Received () McNamara- x Referred () Minnix _ x To () Nickens _ x cc: File George W. Simpson, Jr., Assistant Director, Community Development 2 tion Claimed: Grantee is exempted from recordation taxes Exemp Code of Virginia. and fees pursuant to ~ 58.1-811A(3), Prepared by Martin, Hopkins & Lemon p, O. Box 13366 Roanoke, Virginia 24033 Tax Map No.: 15.00-01-11 Jr. and Property Owners: William R. Hodges, Janette Coakley Hodges ~ Q day o f THIS DEED OF EASEMENT, made this NOVEMBER 2 0 0 0 , by and between WILLIAM R . HOD_ GES , JR. AND Jp.NETTE COAKLEY HO_ DGES ("Grantor") and the BOA_ ~F SUPERVISORS OF ROANOKE COUNTY VIRGINIA ("Grantee"). W I T N E S S E T H That for and in consideration of the sum of One Dollar ($1.00) , paid in hand at and with the execution and delivery of this Deed of Easement, and other good and valuable and sufficiency of which consideration, the receipt, adequacy is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with General Warranty and Modern English Covenants of Title unto the Grantee, its successors and assigns, the following described easement, to-wit: A perpetual RIGHT and EASEMENT, 20 feet in width, to erate, maintain, inspect and repair or construct, op stem and related improvements replace a drainage sy to ether with the including slope(s), if applicable, g ublic right of ingress and egress thereto from a p over, under, and across a to fired by road, upon, to the Grantor, acq parcel of land belonging deed dated July 26, 1988 and recorded in the Clerk's Office of the Circuit Court of Roanoke Counand Virginia, in Deed Book 1289, page 662, designated on the Roanoke County Land ReThe dlocation Map No. 15.00-01-11 (the "Parpecularly described on of said easement is more p Martin, II 1 Hopkins & Lemon, P.C. ~~' the plat attached hereto as "Exhibit A" and by this reference made a part hereof (the "Plat"). TOGETHER WITH a temporary construction easement 10 feet in width for use as temporary work space and to allow for necessary grading and storage during any phase of construction, reconstruction, repair, or replacementn~f shmorea pargti cularly describedtonnthe said easeme Plat. The Grantee agrees to restore and repair any actual damage to Grantor's Property which may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the Property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents shall have the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way endanger or interfere with the proper use of the same. The Grantor covenants that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. Martin, II Hopkins & 2 Lemon, P.C. ~ . Martin, Hopkins & Lemon, P.C. °~ The Grantor acknowledges that the plans for the aforesaid project as they affect the Property have been fully explained to Grantor or Grantor's authorized representative. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by the Grantee shall remain the property of the Grantee. The easement herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantor covenants and agrees for themselves, and for their heirs, successors, successors in title, executors, legal representatives and assigns that the consideration aforementioned and the covenants herein shall •be in lieu of any and all claims to compensation and damages by reason of the operation, maintenance, or location, construction, reconstruction of or within the easement herein granted. The grant and provision of this Deed of Easement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. To have and to hold unto the Grantee, its successors and assigns forever. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance by said Board of Supervisors of the real estate conveyed herein pursuant to Ordinance No. 3 ~G adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of WITNESS the following signatures and seals: (SEAL) (SEAL ) Martin, II Hopkins & t~ Lemon. P.C. • . STATE OF / to-wit: COUNTY/~~ OF The foregoing in.t ument was acknowledged before me this a ~ day of ____ ` ° 'J' e2_ o= by William R. Hodges, Jr. My commission expires: STATE OF -~ to-wit: COUNTY/~ OF ~~`~? ° ~ , The foregoing i strument was acknowledg ~©oofobY Janette day o f ~ ° ,'-'-'' / , Coakley Hodges . ~~ ~ ~; N~tary Pub~~ic My commission expires: ~~ 00 Approved as to form: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA ~~--i~ ~ ~ BY : ( SEAL) Martin, Hopkins & Lemon, P.C. Elmer C. Hodge STATE OF VIRGINIA, COUNTY/CITY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me thby day of Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My commission expires: Martin, II Hopkins & r, Lemon, P.C. ~ ~oo~ ~~o~~ (/1 M N M N O 33w3 O 00 N 00 M ? O N O d' Q p.} OM ;n ~ m nNrN Z (/1 N Z Z NM~p ~ ~ N ~ W F V ~i Wq ~~ H ~o ~~ ~~ O x~ ~~ ~~ ~~ Q ~~ 4 ~~~ Qh~i.7 ~a~ w ~Q~ ~O~ ~~~ O V a~ ~~ N N O Q N Z o~ ~W~~B U~ {~ ~ 7C ~ ~ ri m z ~~ a~ F- a F N U \ ~ \ ~--~ ~'~. N yF NCs < F$a gym Ti.~ ~~ ~ ~ x 0 '~ ~~ ~~ ~~ ~a ~ 1 ' ~ ~~ ~ !~ _ ti j i ' ~ a I ~_ ~a ~ Q~~ pg ~ ~ ~w ~ m o~ 0 N F A ' ~ ~ ~ I ~ W I ~ ~ ~ w ~ . i ~ ~ W w ~• ~ I~ ' ~ W ~ Ci ~I ~ ~ w ~ ti ~ ~ ~ 30 I ~ r+ W w I ~. ~ o .~~'~ ~ ~ ~ ~ q o I N ~ I ~ I z d ~ ~~~~a 3 ~ ~ ~~ ~ ~ ~ ~~ ~~ ~ a~ ~ v ~ o ~ ~ ~ ~ w ~ C5 N ~ O o W ~a~ ~a~ ~ ~ s ~ ~- W o S ~ I ~ ~ ~...J a w ~ G ~O Q w 1 /' ~"~ ~ ~ ~ x °' O W ~ F i"' ° °g Q Sri I c~ ~ W ,- z ~Y ~l A n a \ b w ~I ~ ~ ••~ ' , a ~~ ~ 'a f. ,.JT ~ ~ ZZ O ~ Z U 1 a ~ ~ ',~ Q ~ ~~ ~ N N ~ C~ ~ II ~~; 1 1 / h ' Ihl i i W ~ W ~" ~ ^ ~ ~~t w a~ ~~ ~ i5 ~! 9 G 8, a ~ Z O r a 0 e 0 '~~-~ ~ m i~t~ ; ~~~ i N 1 r k 4_ f ~~ ~ ~~ x ~ d Z W W J F t- ~ t~i7 N r ~ o z a a ~ 0 N ~ 1 ~ i i . ~ ~, i ~~ ~_ ~~'~ GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Audited Beginning Balance at July 1, 1999 $9,908,641 Oct 24, 2000 Funds for twenty additional paramedic firefighters (907,000) and planning for renovations to Vinton, Read Mountain, and Mason Cove stations of General Fund Revenues 8.33%~ Balance at December 5, 2000 $9,001,641 7.57% Changes below this line are for information and planning purposes only. Balance from above $9,001,641 $9,001,641 7.57% Note: On December 18, 1990, the Board of Supervisors adopted a goal statement to maintain the General Fund Unappropriated Balance at 6.25% of General Fund Revenues 2000 - 2001 General Fund Revenues $118,982,797 6.25% of General Fund Revenues $7,436,425 Respectfully Submitted, ~~~~~-~- Diane D. Hyatt Chief Financial Officer Approved By, Elmer C. Hodge County Administrator M:\Finance\Common\Board-Reports\MonthlyReports\GENOO.xIs 11/30/2000 ~'°' M:\Finance\Common\Board-Reports\MonthlyReports\CAPOO.xIs 11/30/2000 /~,~'~ RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2000-2001 Original Budget $100,000.00 July 25, 2000 Contribution to D-Day Memorial (10,000.00) Sept 12,2000 Video distribution for Senior and Challenged Citizens Commission (1,000.00) Sept 12,2000 Project Impact (12,800.00) Balance at December 5, 2000 $76,200.00 Respectfully Submitted, ~1 ~4rr+u~ ~ - ~ Diane D. Hyatt Chief Financial Officer Approved By, Elmer C. Hodge County Administrator M:\Finance\Common\Board-Reports\MonthlyReports\BOARDOO.xIs 11/30/2000 ,~-y FUTURE SCHOOL CAPITAL RESERVE COUNTY OF ROANOKE, VIRGINIA Savings from 1996-1997 debt budget $670,000.00 Transfer from County Capital Projects Fund l,l 13,043.00 FY1997-1998 Original budget appropriation 2,000,000.00 1998 Savings from 1997-98 debt fund June 23 321,772.00 , FY1998-1999 Original budget appropriation 2,000,000.00 FY1999-2000 Original budget appropriation 2,000,000 Less increase in debt service (1,219,855) 780,145.00 November 9, 1999 Savings from 1998-99 debt fund 495,363.00 FY2000-2001 Original budget appropriation 2,000,000 Less increase in debt service (1,801,579) 198,421.00 Balance at December 5, 2000 $7,578,744.00 1\l'Jl.l Yvu iva a ~....~~ ~~------ - ----- FY2000-2001 Original budget appropriation $1,500,000.0 July l 1, 2000 SW Co Regional Stormwater (290,000.00) 1,210,000.00 Balance at December 5, 2000 * Of this amount $736,680 is currently being used for the lease purchase of refuse vehicles and will be repaid within two years. Respectfully Submitted, Diane D. Hyatt Chief Financial Officer Approved By, ~ d~-~ Elmer C. Hodge County Administrator M:\Finance\Common\Board-reports\MonthlyReports\SCHOOLOO.xIs 11/29/2000 o 0 ~ ~, ~ ~ y O w Aa~~ O e m '~' ro ~ ~ a+ > !# O P. A ~ ~i CC u ~~ C~ .~ .~ O CtS 0 W O L: O CC "~ V '~ C CC Vi W W O r.+ G r+ 0 O ..a M 0 '~ b G W ~L 6~ QM O d' O L O W A° r~+ y i.i ~ ~a a ~ bD O Q~ .d w w m 0 G7 0 O ~ '~ a ; ~ N h ~iy N z~ W ~ M ~!1 ~--~ \D N O~ h 00 O ~--~ 00 O ~--~ V'~ ~!1 O~ ~D h O d M O~ h N N ~!1 d ^^ O~~ h ~ O ~--~ O O ~ 00 N [~ m o0 C, N ~O ~O M O ~+ O~ O~ 00 V1 [~ O O v'1 [~ O~ M ~/'~ 00 N M ~, d h N 00 ~D O O O O d .-+ .-+ v~ ~n vi ~O N ~C ~ l~ .-. 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C' O M N Q~ N ~ M M M ~O fry M M N M •-+ M l~ ~ N 00 .~ N O~ N '~ ~D ~f) 00 ~O O t~ ~O ~n O vl N ~--~ O ~ [~ ~--~ O ~' ~ ~ ~ OMO N .-r V1 ~ N ~v~'~O r v'i M ~~ M 00 00 4"1 N M ~ N N ~ ~ M N N ~ l/') ~ N ~/'~ O 1f'! ~O N .-i M M ~ v~ O ~ O O C ~ ~ ~ 00 O N ~"~ M N ~ ~--~ ~D M N O O ~ .-. ~ n M M M M M l~ c1' O~ •--~ ~--~ M ~O ~/') N 00 ~O V' 'fit l~ N v'1 ~ O~ O ^ ~G N l~ N v1 00 00 ~D l~ 7 ~ N N V'i .-~ N ~D M N N O M ~' l~ ~ ~ ~O M ~O 00 N t~ M 7 ~ ~ ~ vl ~ N ~.j~ .-:- .--i `p ~ '7 t~ Q~ O~ 1~ N N l0 ~O v~ vl l~ t~ M V1 M ~ M ~ ~ M •--~ ~ O O ~O ~ ~O N O~ G~ 7 '~ 1() [~ O .-i oo O O~ 00 ~ 01 ~.r V"1 Vl I~ M N ~t O~ O~ M O O .--i .-~ .--~ ~ I~ O~ \O O O ~t ~ M l O .-r ~ '~"~ d; N ~ O ~ O O ~ 0 M N O~ O~ N O M r ~ .-+ ~ ~ O ~ O [~ O~ N oo ~ --+ N O~ l~ N N ~ O M O M l~ O r N~ O O ~ O~ 0 0 0 0 R O O ~O O ~O O O O h O~ v~ O ~--i O M O~ O O O O O O M N ~ 00 N ~n N O~ O d' O N O O ~ 00 00 l~ --~ O ~ ~ O •~ et ~ O O N ^~ M M M O~ ~O ~ ~ ~D M l~ ~--i ~/'~ V7 N N ~ O .; ~ 000 OHO N 0~0 OM1 O 0~0~ N ~ ~ O\ ~ ~ O ~ O 7 ~ DD ~ DD N ~D l~ ~O O~ N ~ l O ~D ~O M N ~--~ ON 1n ~ r is .~ .~ b .~ ~ ~ c~ U L Q O'y U ~+p ~^ ° d .Y ~ ~ C7 o 'on ~ ~ o ,_'i C7 W o O O O n n n O O O O O ~ N N .~ O Obi C?~ N ~ O ~ ~ ~ ~ ~ ~ r-i O ~ V ~~ ~ ~' ti ,~ o U O o ~--~ N O O n n 00 N ^+ 00 ~ 00 00 V l~ 00 ~D N o0 M .~ d' N N N N V1 N ^~ 00 [~ [~ M 7 N V~ .~ ~--~ O O O ~--~ ~ O O O 7 ~ ~ ~ ~ Cr ~ ~ ~ ~ ~ v~ O~ N [~ ~ 00 O~ O~ N O .--~ O ^ O N N p~ ~ ~ 00 ., Y U U F+ O w ~ ~ w Q N ~ ~ ~ Q o „v. v ai °~ p 'a o~ oU a+ ~ ~~~~ ~ o ~-1 [x, U o O O O O M M M M O O O O ~ ~ OHO 0~0 ~O U ~O M .--i 00 00 I~ 0 ~ O~ '7 [~ O~ 7 O~ N ~--~ O ~ ~D t~ O N vi N ~O o0 M ~ N N •--~ O .. v'~ oo O V' M O ri 0 0 0 0 0 0 O 0 0 0 0 0 0 O ~ ~ O~ d' ~ N ~"~ ~ V't M 00 00 ~--~ N M oo ~O o0 N N N \G O~ 00 ~7 l~ ~O M M ~O o0 t~ ~ N V' M N .-. ^i O ., O c7 ~ °~ 3 cn m k' ~ v „U, Q '-' . ~ a .. r ~ y ~ ~ 0 ~'~~ ~ ~ ~ ~ ~ ~ 7 C7C4~W ~C7 0 ~--~ N M ~ V7 ~O 0 0 0 0 0 0 0 0 0 0 0 0 r O M M~ •~ N O Obi ~ M N N tr M N M O v~ O v~ V O --~ 00 O ~ O ~ b N i ~O 0 d' O N 0 O O N ~t l~ •-+ O ^ N1 O~ N ~D M ~ ~ ~ M M -i ~ Vl a . 0 d' ~' O~ N M H ~ ~ ~ ~ l~ O M I~ N V O~ d' ~O O 7 ~ V vl O •-• •~ l~ O ~ ~ M ~ ~ O ~ ~ p~ ~ 00 0o N ~ O l~ M ~ O~ O -~ ~ N ~ ~ ~ .~ ~ O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 O ~ 0 0~ N O O~ O 00 ~ O '~ ~ M O ~ ~ M M O M O O N O .-. 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M ~ "" ~ Qri 0o N O O ~O O ~n O ~"+ ~O 00 0 O O O ~O [~ O O O O ~ M ~n O O~ O ~ O M M ~. p~ p 00 I~ O ~ ~D ~ r• e{ O ~D oo N O P M .-• [~ 0 0 0 ~ ~ O ~ M .-. ~0 0 - 0o v, ,~ oo ~ - ,-, M ~c ~ ~O ~O ~O ~ ~ ~ r ~ et ~t v M r M M ~ • • M ~ 0 N ~ ~ 7 ~ ~ O ~ O O~ '1 O v ' r ~ --~ M 1A (~ r f~ ~D ~D M y N d • ~ ~ N r --~ 0 0 ~ O O M O O O O V M O O l~ O O O 0 0 0 O O O h O O O O O O O N M O~ O O X 0 0 O~ ~-+ ; 0 0 ~n O R U7 0 0 O~ 0 0 0 Oi O O O ~ v o ~ ~ ~ ° ~ ~!1 M 00 ""' ~ ~ ~ N M V) v~ oo O M O M M O ~n M v~ O ~O M M M o0 0 0 0 ~; M~ 0 0 0 7 N ~n O O~ O N O~ 00 et .-~ 0 0 O `7 O N eT ~i N ~O O 7 00 l~ d' O O O ' O ~n O V) C ~O [~ M oo O N ~--~ O .~ ~ d' ~--~ M O ~O [~ O O O~ M oo v i ~o ~t N N .~ O ~t [~ l ~ ~ .--i Vl M •-i •--~ N N l~ O l~~ ' O~ M M ~ ~ ~ M ~ ~ 00 V .--1 ~ ~ r M , -~ ~ er O~ ~ooo ~o 000o O OOOOOO O o0 0 0 0 0 ~o 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~D N~ ~O ' O ~' ~ M ^~ M ~O O M O O O ~D O ~--~ O O O O OD ~ o0 ~ N .. .-. .-. M d' O ^ oo O~ d~ h ~ ~ .-y N ~ O ~ O ~ ~ ~ b ~ et o 0 O -i o . N o . . . -+ ~ ' -, -• O M ~ ~n \O N 0o O~ -~ O ~O oo ~D ~O O d • • .~ in U"y ~ ~ E ~y a`d, '" p v O ~ U > ~ ~ C. ~ o~~ w ~~ ~ O O p p a~i a oA ~ p ~ C '~' c~c~~ ~ o ~ G, a~~i a~~i ~ ~ ~ ~ N W ~ ~ ~ y ~ ~ b > ~ A ~ ~ C ~7 >, C w F. eC ty. W p„ to ~ ~ ~ U y°'j ~ ~ ..~. U N ~ 'O -d F ~, id ~" N ~ ~ O U y N y .~ ~ ~G O N Ri " ~ ~ ~ ~ ~ O U O O ~' •~k' • ~~r ~ ~N O pOp N ~ ~ P. r-~ U O P. U W U O W A rG H ~+ U O ~ ~-, O N M .-~ N M V7 ~ N M ~7 ~ r N O O O O O O O ~~~~~~ ~~ ~`,-°~ ~noo OOOOOO o0 y .r CE i+ H L, ~~ ACTION # ITEM NUMBER,~~+ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2000 AGENDA ITEM: Accounts Paid -October 2000 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Payments to Vendors: $4,193,838.31 Payroll 10/13/00 $593,383.87 $186,741.01 780,124.88 Payroll 10/27/00 578,346.74 172,599.98 750,946.72 Manual Checks 889.49 889.49 Voids (2,054.83) (2,054.83) $5,723,744.57 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. SUBMITTED BY: Danial Morris Director of Finance Approved ( ) Denied ( ) Received ( ) Referred ( ) To ~ Church Johnson McNamara Minnix Nickens r~~~ No Yes Abs ACTION NO. ITEM NUMBER ~_ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 5, 2000 AGENDA ITEM: Work Session with Roanoke Valley legislators to discuss the 2001 Session of the Virginia General Assembly COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: At the Board of Supervisors meeting on November 14, 2000, Resolution 111400-1 was adopted setting out Roanoke County's Legislative Program for the 2001 Session of the Virginia General Assembly. This work session is to discuss with the area legislators this Legislative Program. Our area legislators were invited to meet with the Board today at 5:00 p.m. Delegates Griffith, Thomas, and Woodrum and Senator Trumbo all indicated they could attend today's meeting. Delegate Cranwell has a hearing today and, if possible, will attend; Senator Edwards had a previous commitment. spectfully submitted, ~ ' \ Paul M. Mahoney Roanoke County Attorney -------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Church Received ( ) Johnson Referred ( ) McNamara To ( ) Minnix Nickens U:\WPDOCS\LEGIS\2001.rpt.wpd AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 14, 2000 RESOLUTION 111400-1 ADOPTING A LEGISLATIVE PROGRAM FOR THE 2001 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 2001 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2001 session of the Virginia General Assembly. NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 2001 session of the Virginia General Assembly for its favorable consideration and adoption. A. Education. Realizing that public education is the foundation of American democracy and the cornerstone of our future economic well being, the County urges the General Assembly to consider favorably the following actions. 1) The Constitution of the Commonwealth of Virginia should be amended to provide that elected school boards may be granted the authority and responsibility for taxation to support public education. 2) The General Assembly should enhance funding for public education, including increasing the funds available to the Literary Fund for local school capital construction or renovation projects. The General Assembly should increase funding for capital construction and renovation projects based upon the locality's local effort in support of these capital projects. 3) Local school divisions should be authorized to establish opening dates for school. V 1 4) Disparity funding should be based not only upon the number of students eligible forfree or reduced fee lunches, but also upon the locality's local tax effort in support of education. Disparity funding should be based upon the composite index (which measures a locality's relative fiscal ability to provide its share of the cost of a local school system that meets the standards of quality) and the locality's local effort in support of that school system. B. Public Service Corporations. 1) Roanoke County supports legislation to provide citizens better notice of proposed construction of public service corporation facilities. "Interested parties" requiring written notice should include property owners directly affected by the proposed location of new facilities. 2) Roanoke County supports legislation to provide the State Corporation Commission with expanded authority to require joint use of existing easements for the installation of new facilities of public service corporations. Further the grant of all certificates of public convenience and necessity and the right to exercise the power of eminent domain to acquire any lands or estates or interests therein shall be conditioned upon the future joint use of existing easements or rights-of-way. C. Environment. 1) Roanoke County supports amending Chapter 6.1, "Virginia Tire Tax" of Title 58.1, "Taxation" (a) to increase the tire taxfrom $.50 to $1.25, and (b) to direct and authorize the Department of Waste Management to utilize the increased Waste Tire Trust Fund to remediate illegal or abandoned waste tire dumps. 2) Roanoke County supports allowing the disposal of land clearing vegetative debris (including tree stumps) in less expensive facilities in a manner not detrimental to the environment. D. Loca! Taxation and Funding. 1) County vigorously opposes any attempt to restrict or eliminate local sources of taxation, including personal property taxation and business and professional occupational licensing, unless local governments are guaranteed the opportunity to [./ 2 replace lost sources of local revenue with comparable, equivalent, independent sources of revenue to allow localities to fulfill their public service obligations. 2) Roanoke County supports restructuring the distribution of tax revenues in the Commonwealth, by returning a portion of the state income tax collections to localities for their unrestricted use. 3) Roanoke County supports continued and increased funding for the Comprehensive Services Act, the Virginia Community Juvenile Crime Control Act, the Family Preservation Act, local police departments (HB 599 funding), and the Regional Competitiveness Act. 4) Roanoke County requests funding for the Virginia Recreational Facilities Authority (Explore Park), Blue Ridge Parkway Interpretive Center, and capital construction funding for the Explore Park Education Center. 5) Roanoke County supports authority to impose an additional one-half percent ('/2%) local option sales tax. 6) Roanoke County supports increased capital construction funding for regional juvenile detention facilities, and that such facilities receive at least 50% of their operating costs from the Commonwealth. 7) Roanoke County supports legislation amending Section 14.1-46.0:1 to increase the salary supplement for the Chairman of the Board of Supervisors from $1,800 to $2,500 per year. That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to Senator John S. Edwards, Senator Malfourd W. "Bo" Trumbo, Delegate H. Morgan Griffith, Delegate Clifton "Chip" Woodrum, Delegate C. Richard Cranwell, Delegate A. Victor Thomas; Mary F. Parker, Roanoke City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Fifth Planning District Commission, and the Virginia Association of Counties. On motion of Supervisor McNamara to adopt the resolution, and carried by the 3 v following recorded vote: AYES: Supervisors Johnson, Church, Nickens, McNamara NAYS: None ABSENT: Supervisor Minnix A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors Cc: File Paul M. Mahoney, County Attorney The Honorable John S. Edwards The Honorable Malfourd W. "Bo" Trumbo The Honorable H. Morgan Griffith The Honorable Clifton "Chip" Woodrum The Honorable C. Richard Cranwell The Honorable A. Victor Thomas Mary F. Parker, Clerk, Roanoke City Council Roanoke City Council, Members Forest Jones, Salem City Manager Salem City Council, Members Carolyn S. Ross, Clerk, Vinton Tovvn Council Vinton Town Council, Members Wayne Strickland, Executive Director, Fifth Planning District Commission James D. Campbell, Executive Director, Virginia Association of Counties 4 N X O ~ ~ ~ ~ .~ ~ ~ ~ 0 ~ ~ U_ ~ ~ ++ C ~ O 0 U m U 0 N .N C Q d 3 C d NNd li d C ~~ t4 r Q ~ 0 M O ~ O X N O ~ O ~ ~ L Q p ~ ~ N O ~ N N f6 O O N 0 ti ~ N O >+ L `. N v ~ ~ O L r O \ ~ ~ ~ O ~ o r 4 r r N CO ++ ,: N ~ M ~ ~ N _ ~ " O O ~ ~ N ~ O N N to EA 6H ~ N uj ~ M ~ ~ U ~ O~ O ~ X N t 4 Orn ~`~°L .~ ~ ~ ~ N ~ N N O~ ~ ti N O ~'' :•- r r N ~' C (U EA ~ O 6 U ~ O vi o ~ ~ oM0 ~' N ~ ~ ~ L "' ~ ~ N ~ Cs 0 (O ~ N ""' ~ ~ j > ~ ~ 000 ~t ~ N - ~ -p ~ f~ M r O >. 'Q }; X N r r N ~ N ~ ~ EA EA C ~ ~' N a~ N 0 N 0 o 0 N '''' ~ Q ~ w O 00 0 0 0 0 X N (6 ~ 'O Q- O ~ ~ ~ ~ ~ rn af°i °'~ ~ o ~ aj ` ~ O A C U ~ N r. r `- ~ L fi? ~ ~- `~ `~ ~ 3 m o L ~ L ~ O •C _ O ~ m t ~ v Q O ~ ~ • L ~ V L {]. ~ ~ ~ Q O t 0 ~' `- o (0 a ~ ~ o ~ ~ >. ~ ~ m ~ 0 0 a~ a ~o ~ N ~ ~ x ~ a ~ V ~ O ~ N N O N 0 ~ ~ O N ~ ~ ~ O ~ O C ~ 4) O ~ ~ ~ C ~ ("p ~ O U ~ ~ ~ H ~ O~ v ,~ ~ N a r ~- N v ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 5, 2000 RESOLUTION 120500-5 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 2.1-344.1 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 RESOLVED, 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. On motion of Supervisor McNamara to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, McNamara NAYS: None ABSENT: Supervisor Nickens cc: File Closed Meeting File A COPY TESTE: ~• Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors ~ uanlo~.~ ~ ~ ~~ •~ ~ ~ az C~~~~# ~~ ~~x~~.~.~e 1838 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 BRENDA J. HOLTON MARY H. ALLEN, CMC (540) 772-2005 DEPUTY CLERK CLERK TO THE BOARD FAX (5401 772-2193 Internet E-Mail: mallen@www.co.roanoke.va.us Internet E-Mail: bholton@www.co.roanoke.va.us December 7, 2000 Mr. Fred Altizer Virginia Department of Transportation Salem District Administrator P. O. Box 3071 Salem, VA 24153 Dear Mr. Altizer: Attached is a copy of Resolution No.120500-2 reaffirming and amending Resolution No. 090898-1 supporting the I-581 and Route 220 South Corridor for I-73 through the Roanoke Valley and opposing Option 4 known as the Western Alignment. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, December 5, 2000, by a unanimous vote with Supervisor Nickens absent. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, CMC Clerk to the Board of Supervisors bjh Enclosure cc: Lorinda Lionberger, Transportation Commonwealth Board Interstate-73 Communications Committee of the General Assembly Roanoke Valley Business Council Roanoke Regional Chamber of Commerce ® Recycled Paper ~ pOANp,I.~ 4 ~ A t ~ Z t7 ,. ~z 1838 P.O. BOX 29800 MARY H. ALLEN, CMC CLERK TO THE BOARD Internet E-Mail: mallen@vrww.co.roanoke.va.us 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us December 7, 2000 Mr. Michael M. Cline, State Coordinator Virginia Department of Emergency Services 10501 Trade Court Richmond, VA 23236-3713 Dear Mr. Cline: Attached is a certified copy of Resolution No. 120500-3 approving and authorizing participation in the Statewide Mutual Aid Program. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, December 5, 2000, by a unanimous vote with Supervisor Nickens absent. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, CMC Clerk to the Board of Supervisors bjh Enclosure cc: Anne Marie Green, Director, General Services Richard E. Burch, Chief, Fire & Rescue Joseph B. Obenshain, Senior Assistant County Attorney Mary F. Parker, Clerk, Roanoke City Council Forest Jones, Salem City Manager Carolyn S. Ross, Clerk, Vinton Town Council James D. Campbell, Executive Director, Virginia Association of Counties ®Recycled Paper ROAN ~. F ~ . `, ~ t ' z c~ ° az ~~~~# ~a~ ~~x~~.~.~e 1838 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 BRENDA J. HOLTON MARY H. ALLEN, CMC (540) 772-2005 CLERK TO THE BOARD DEPUTY CLERK Internet E-Mail: mallen@vinnrw.co.roanoke.va.us FAX (540) 772-21 93 Internet E-Mail: bholton@wuvw.co.roanoke.va.us December 6, 2000 Ms. Karen Ewell 6347 Juliet Court Roanoke, VA 24018 Dear Ms. Ewell: The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Grievance Panel. Citizens so responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. I am pleased to inform you that, at their meeting held on Tuesday, December 5, 2000, the Board of Supervisors voted unanimously to reappoint you as an alternate member to the Grievance Panel for a three year term. Your new term began on October 28, 2000 and will expire on October 28, 2003. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, Mary H. Allen, CMC Clerk to the Board of Supervisors MHA/bjh Enclosures cc: Joe Sgroi, Director, Human Resources ® Recycled Paper pOANp~.~ ~ , ~ ~ , z +7 ° .az C~~~xx~# ~a~ ~a~xx~~.~.~ 1838 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 BRENDA J. HOLTON MARY H. ALLEN, CMC (540) 772-2005 CLERK TO THE BOARD DEPUTY CLERK FAX (540) 772-2193 Internet E-Mail: bholton@www.co.roanoke.va.us Internet E-Mail: mallen@www.co.roanoke.va.us December 6, 2000 Mr. King Harvey 5227 North Garden Lane Roanoke, VA 24019 Dear Mr. Harvey: The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Grievance Panel. Citizens so responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. I am pleased to inform you that, at their meeting held on Tuesday, December 5, 2000, the Board of Supervisors voted unanimously to reappoint you as an alternate member to the Grievance Panel for a three year term. Your new term began on October 28, 2000 and will expire on October 28, 2003. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, .~`v'- Mary H. Allen, CMC Clerk to the Board of Supervisors M HA/bj h Enclosures cc: Joe Sgroi, Director, Human Resources ® Recycled Paper ~ ~ ANO~~ ~ .: ~ ~ i ' Z 1838 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 BRENDA J. HOLTON MARY H. ALLEN, CMC (540) 772-2005 CLERK TO THE BOARD DEPUTY CLERK Internet E-Mail: mallenQwww.co.roanoke.va.us FAX (540) 772-2193 Internet E-Mail: bholton~a www.co.roanoke.va.us December 5, 2000 Mr. AI G. Thomason, Sr. 6388 Christie Lane Roanoke, VA 24018 Dear Mr. Thomason: The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Planning Commission. Citizens so responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. I am pleased to inform you that, at their meeting held on Tuesday, December 5, 2000, the Board of Supervisors voted unanimously to reappoint you as a member of the Planning Commission representing the Windsor Hills Magisterial District for another four year term. Your new term will expire on December 31, 2004. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. State law requires that you take an oath of office before the Clerk of the Roanoke County Circuit Court. This oath must be administered rp for to your participation on this Board. Please telephone Steven A. McGraw, at 387-6205, to arrange to have this oath administered, and Mr. McGraw has asked that you bring this letter with you. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, ~~a~h,~~ ~^v Mary H. Allen, CMC Clerk to the Board of Supervisors Enclosures cc: Terry Harrington, Director, Planning & Zoning Steven A. McGraw, Clerk, Circuit Court ® Recycled Paper ~ pOANp~.~ G ti ~ z c~ o a rasa COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 December 6, 2000 Rev. Becky Proctor Rosaline Hills Baptist Church 2711 Laburnum Avenue, SW Roanoke, VA 24015 Dear Reverend Proctor: BOARD OF SUPERVISORS JOSEPH McNAMARA, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX, VICE-CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT JOSEPH B. "BUTCH" CHURCH CATAWBA MAGISTERIAL DISTRICT BOB L. JOHNSON HOLLINS MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (540) 772-2005 On behalf of the Board of Supervisors, I would like to thank you for offering the invocation at our meeting on Tuesday, December 5, 2000. We believe it is most important to ask for divine guidance at these meetings and the Board is very grateful for your contribution. Thank you again for sharing your time and your words with us. It was good to have you with us. With kindest regards, ~c Joseph McNamara, Chairman Roanoke County Board of Supervisors (~~~xn~~ ~~ ~Zntt~~C~~ Intemet E-Mail ®gecyclad Paper Internet E-Mail ehodge~www.co.roanoke.va.us bos~www.co.roanoke.va.us ~ Roaruo~.~ ti p Z G7 z o a 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (540) 772-2004 C~a~n~~ a~ ~~~txcu~.~ Mr. Dana L. Gibson 6957 Beach Road Radford, VA 24141 Dear Mr. Gibson: P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 December 6, 2000 BOARD OF SUPERVISORS JOSEPH McNAMARA, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX, VICE-CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT JOSEPH B. "BUTCH" CHURCH CATAWBA MAGISTERIAL DISTRICT BOB L. JOHNSON HOLLINS MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (540) 772-2005 Enclosed is a resolution of appreciation upon your retirement which was unanimously approved at the December 5, 2000 Board Meeting. On behalf of the Board of Supervisors of Roanoke County and its citizens, I wish to offer my appreciation for your many years of capable, loyal and dedicated service to the County. I am pleased to send you this resolution, and notification that Roanoke County has purchased a $100 Savings bond in recognition of your years of employment with the County. This bond will be forwarded to you from the Federal Reserve Bank at a later date. If you would like to have your resolution framed, please bring it to the Clerk's Office, at the Roanoke County Administration Building, 5204 Bernard Drive, at any time. It has been our experience that framed resolutions may be damaged when mailed. On behalf of each member of the Board and the citizens of Roanoke County, please accept this Resolution and savings bond with our best wishes for a productive retirement and continued success in the future. Sincerely, seph McNamara, Chairman oanoke County Board of Supervisors Attachment cc: Joseph Sgroi, Director, Human Resources Gary Robertson, Director, Utility Internet E-Mail Internet E-Mail ®gecyelad Pep.r ehodge ®www.co. roanoke.va.us bos ~ www.co.roanoke.va.us o~~~ 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (540)772-2004 r i - - ~.- C~~~xxr#~ ~~ ~Z~~~nC~ P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2193 December 6, 2000 a Mrs. Cecil D. Pugh 140 Trinkle Avenue, NE Roanoke, VA 24012 Dear Mrs. Pugh: BOARD OF SUPERVISORS JOSEPH McNAMARA, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX, VICE-CHAIRMAN CAVE SPRING MAGISTERIAL DISTRICT JOSEPH B. "BUTCH" CHURCH CATAWBA MAGISTERIAL DISTRICT BOB L. JOHNSON HOLLINS MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (540) 772-2005 Enclosed is a resolution honoring your late husband for his more than twenty- four years of service to Roanoke County. This resolution was unanimously approved by the Board at the December 5, 2000 Board Meeting. Roanoke County was very fortunate to have the benefit of Mr. Pugh's expertise for many years. He served the County with distinction and integrity, and his contributions to the community will be long remembered. If you would like to have this resolution framed, please bring it to the Clerk's Office, at the Roanoke County Administration Building, 5204 Bernard Drive, at any time. It has been our experience that framed resolutions may be damaged when mailed. We extend our deepest sympathy to you and your family. Mr. Pugh will be missed by all of us. Sincerely, ara, Chairman my Board of Supervisors Attachment cc: Joseph Sgroi, Director, es Gary Robertson, Direct Internet E-Mail ehodge ~ www.co. roanoke.va.us /~ seph McNam oanoke Cou Human Resourc or, Utility ® Racyclad Paper Internet E-Mail bos ~ Www.co.roanoke.va.us Mary Allen - Re: Statewide Mutual Aid (SMA) Agreements Page 1 From: Mary Allen To: Jim Campbell Subject: Re: Statewide Mutual Aid (SMA) Agreements Roanoke County plans to bring the agreement to the Board of Supervisors for adoption on their December 5 agenda. All Roanoke Valley localities will be approving the agreement at the same time to increase awareness of the agreement with a press release in December. »> Jim Campbell <JCampbell@vaco.org> 11/08/00 09:16AM »> Six weeks ago, we sent you a reminder of the Statewide Mutual Aid (SMA) plan that was sent to you in August. This is a product of more than two years of work by a committee that is trying to improve the SMA process here in Virginia. More than 1/3 of the counties have already adopted resolutions to affirm their participation in the plan. Since we have not yet received a resolution from your Board of Supervisors, we are once again following up on our inquiry. Is your county considering the SMA Agreement? Thanks for your reply. Jim Campbell CC: Elmer Hodge; Richard Burch i/ommorawealth of Virginia STATEWIDE MUTUAL AID Fact Sheet Was developed to assist cities and counties to exchange emergency response and recovery services and resources, especially in response to a-major disaster. • Provides for atwo-party mutual aid agreement or contract that can be consummated quickly and efficiently by pre-authorized officials. • Provides form and structure setting forth common procedures and expectations for implementation. Solves potential problems and concerns related to liability, insurance, and reimbursement up-front. • Has the active support of local government management and professional emergency responder organizations statewide. Collectively, they constitute the Statewide Mutual Aid Committee. • Does not interfere with day-to-day agreements or other state agency sponsored mutual aid arrangements or programs already in-place. • Makes available the services of all local government officials--not just police, fire, and rescue. • Provides procedures to assure in advance, insofar as possible, that each deployment is truly needed and will be cost-effective. • Establishes simple procedures to assure proper reimbursement and that the necessary records are maintained for auditing purposes. • Provides procedures for maximizing the reimbursement to localities of deployment- related costs from federal and/or state government sources. • Includes provisions for the VDEM to provide guidance and assistance to localities as needed with implementation and reimbursement. Designates the VDEM to prepare, during implementation, a "big picture" status report of all event-specific deployments statewide. For additional information, see the SMA Implementation Guidebook, the VDEM web site (wvwv.vdem.state.va.us), or contact your representative on the SMA Committee. SECTION 5. ROLE OF THE DEPARTMENT OF EMERGENCY MANAGEMENT The Department shall, during normal operations, provide staff support to political subdivisions, officers and authorized agencies, serve as the central depository for agreements, resolutions, ordinances and executive orders, maintain a current listing of member political subdivisions, and provide a copy of this listing to each on an annual basis. The State EOC shall, during emergency operations, (1) request mutual aid on behalf of a member political subdivision, under the circumstances identified in this Agreement, (2) keep a record of all Requests for Assistance and Acknowledgments, (3) report on the status of ongoing emergency ordisaster-related mutual aid as appropriate, and assist participants in meeting all procedural and other requirements, including those pertaining to federal and statecost reimbursement. SECTION 6. SEVERABILITY AND THE EFFECT ON OTHER RESOLUTIONS Should any portion, section, or subsection of this Resolution be held to be invalid by a court of competent jurisdiction, that fad shall not affect or invalidate any other portion, section or subsection; and the remaining portions of this Resolution shall remain in full force and effect without regard to the section, portion, or subsection or power invalidated. In the event that any parties to this Resolution have entered into other mutual aid agreements; those parties agree that said agreement will remain in effect unless they conflict in principle with this Resolution in which case they are superseded by this Resolution. In the event that two or more parties to this Resolution have not entered into another agreement, and the parties wish to engage in mutual aid, then the terms and conditions of this Resolution shalt apply between those parties. ~ ~CTFI GF VIRGINIA EMERGENCY MANAGEMENT by the [governing (Name of Official) (Title) 1-5 DATE: Ro~~oi~e v~i~~y BusiwESS ~o~~c~L November 10, 2000 Mr. H. Odell Minnix Supervisor, Roanoke County P. O. Box 29800 Roanoke, VA 24018 Dear Mr. Minnix: PO Box 2021 Roanoke, VA 24022-2? 21 (540)985-2900 (540) 985-2426 Fax ~,.~-- During its regular quarterly membership meeting on October 20, 2000, the Roanoke Valley Business Council, comprised of the major employers in the Valley, adopted unanimously a resolution formalizing its continued support for the construction of proposed Interstate 73. The Council adopted this resolution -- a copy of which is enclosed -- realizing that serious and legitimate concerns had been voiced by environmental and other groups opposing construction of a new interstate highway, and it agreed that serious attention must be focused upon potential environmental impacts including those involving endangered species, alteration of water sources, and the quality of our air. The Council had also obtained and considered important data related to safety, mobility, economic development, and the physical linkage between the Valley and Virginia Tech, and concluded that the balance of these interests indicates a compelling need for the project -- constructed in a location which minimizes disruption to the citizens and environment of this area. The basis for the Business Council's action is further described in the enclosed letter of our Vice Chairman, Heywood Fralin, dated November 1, 2000 and addressed to Walter Rugaber, President and Publisher of The Roanoke Times. You are hereby provided these materials and advised of the Business Council's position in view of your very important role as decision maker and thought leader on this and other key issues affecting our Valley. The Council urges your support of proposed I-73 and will welcome your questions and comments on the enclosed position statements. Sincerely, Q.~. C~~,. C~. R. Daniel Carson, Jr. Chairman dml Enclosure RESOLUTION WHEREAS, in November, 1994, the Roanoke Valley Business Council unanimously adopted a Resolution supporting the construction of proposed Interstate 73; and WHEREAS, serious and legitimate concerns have been raised by environmental and other groups as they have expressed opposition to the construction of Interstate 73; and WHEREAS, the Roanoke Valley Business Council is aware of and has significant concern for environmental issues, including issues regarding .endangered species, water quality and air quality, and WHEREAS, the Roanoke Valley Business Council also believes very strongly that construction of Interstate 73 will enhance this region's traffic safety and mobility; and WHEREAS, there is strong evidence that existing U.S. Route 220 located between Roanoke and Greensboro currently handles a much higher volume of passenger and truck traffic than that for which it was designed, contributing to a high accident rate; and WHEREAS, there is also strong evidence that construction of Interstate 73 through the Roanoke Valley will be a catalyst for economic development and job growth throughout the region; and WHEREAS, the Roanoke Valley Business Council is of the opinion that construction of Interstate 73 will enhance the physical connection between the Roanoke Valley and Virginia Tech, which connection will present opportunities both to the educational community at Virginia Tech and the urban community of the Roanoke Valley. NOW THEREFORE, upon its further consideration of the major issues concerning the construction of Interstate 73, including issues involving environmental impact, economic development, safety and mobility, and, upon concluding that such issues will be addressed prior to the construction of Interstate 73, the Roanoke Valley Business Council hereby RESOLVES to continue its support for the construction of Interstate 73 from the Blacksburg azea, through Roanoke and along the U.S. Route 220 corridor into North Carolina, and urges the Virginia Commonwealth Transportation Board to make final approval of the construction of Interstate 73 and select the route most desirous and least disruptive to the region. Adopted Unanimously: October 20, 2000 Chairman, Roanoke ley Business Council Roanoke V~Iley BUSINESS COUNCIL PO Box 2021 Roanoke, VA 24022-2121 (540) 985-29D0 (540) 985-2426 Fax November 1, 2000 Mr. Walter Rugaber President and Publisher THE ROANOKE TIMES P. O. Box 2491 Roanoke, VA 24010 Dear Walter: On October 20, 2000, the Roanoke Valley Business Council, comprised of the major employers in the Roanoke Valley, unanimously adopted a resolution formalizing its continued support for the construction of proposed Interstate 73. The Council adopted this resolution realizing that serious and legitimate concerns had been voiced by environmental and other groups opposing construction of a new interstate highway, and it agreed that serious attention must be focused upon potential environmental impacts including those involving endangered species, alteration of water sources, and the quality of our air. The Council had also obtained and considered important data related to safe#y, mobility, economic development, and the physical linkage between the Valley and Virginia Tech, and concluded that the balance of these interests indicates a compelling need for the project -- constructed in a location which minimizes disruption to the citizens and environment of this area. The remaining options of (1) no construction at all or (2) improving existing Route 220 will not satisfactorily serve the residents and needs of the Valley. In 1995, the National Highway System Designation Act identified 1-73 as a high priority corridor from Detroit, Michigan to Charleston, South Carolina. The portion in Virginia, mandated by Congress and selected after a dozen alternate location studies in Southwestern Virginia, follows U.S. Route 460 from West Virginia, along the Smart Road in Montgomery County, to Interstate 81 and then I-581 into the Roanoke Valley, and generally along the U.S. Route 220 corridor into the Piedmont Triad in North Carolina. The selection of this route was in recognition of the contribution a new Interstate highway could make to this region in terms of economic development, safety and mobility. Improvement of safety is an important first consideration. The Route 220 corridor carries a high volume of passenger cars and a high volume of trucks. In fact, on some sections of the road, the percentage of truck traffic rivals or exceeds those Mr. Waiter Rugaber November 1, 2000 Page Two found on interstate highways including some portions of 1-81. Accident rates are high. According to published studies, there were more than 829 accidents over a three-year period from 1993-97. Twenty-two people lost their lives. Six hundred sixty- six people were injured. Recent reports also identified numerous locations along the corridor where accident rates based on vehicle miles traveled were excessive. (More than double normal rates for similar roads.) Steep grades, poor sight distances, uncontrolled access, and design standards appropriate to the 1950's contribute to safety problems. A new interstate roadway will address these deficiencies. = Improvements to existing Route 220 will not achieve the needed level of safety improvement. In terms of economic development, published reports have also compared the development potential for 12 alternative corridors for 1-73. Clearly, the Route 220 corridor through Roanoke to Martinsville has the highest potential and serves an area hard hit by an economic downturn and job loss over the past several years. Although it is difficult to predict potential economic success, economists have shown that investment in highway infrastructure nationwide will generally return about $3 for every $1 expended. A VDOT study made for the "TransAmerica Corridor," which included an analysis of the Roanoke/Martinsville corridor, estimated as much as a $4 return in benefit for every $1 expended. Furthermore, the study showed a doubling of economic spending, a tripling of jobs, and a threefold increase in state and local revenues. One only has to look at the major growth areas of the country to understand that interstate highway access is an essential component of economic development. Commerce depends on access and jobs depend on commerce. Finally, in the longer term, completion of I-73 west of Roanoke will fulfill a long- standing desire on the part of the business and commercial community to provide a direct link between the Roanoke Valley and New River Valley over the Smart Road. This connection will provide both a physical and philosophical connection between the large urban community of Roanoke and the large educational and research communities at Virginia Tech. Just as Interstate transportation is a major factor in economic development, a connection with a major research university is no less so. We are today an information age society, and we place special emphasis on our research universities. The construction of 1-73 will bring Virginia Tech closer to the metropolitan Roanoke Valley and the Roanoke Valley closer to Virginia Tech. It is important for both. Regardless of the specific alignment one supports or opposes, the construction of a new Interstate 73 that will serve southwestern Virginia from Roanoke to Martinsville and to Blacksburg and beyond can only help improve Mr. Walter Rugaber November 1, 2000 Page Three mobility, safety and convenience for the entire .traveling public and offer to our respective communities the opportunity to develop our economies for the health and welfare of all citizens of the region. 1t is important for all of us to get behind the effort and make 1-73 a reality. Sincerely, ,~;,j~ W. He ood Fralin Vice Chairman dml 1 ~" a..M GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700 • Fax: 312/977-4806 February 28, 2000 Mr. W. Brent Robertson Budget Manager County of Roanoke 5204 Bernard Drive #300E Roanoke, Virginia 24018 Dear Mr. Robertson: A panel of independent reviewers has completed its examination of your budget document. We are pleased to inform you that the panel has voted to award your budget document the Distinguished Budget Presentation Award for the current fiscal year. This award is the highest form of recognition in governmental budget- ing. Its attainment. represents a significant achievement by your organization. The Distinguished Budget Presentation Award is valid for one year. To continue your participation in the program, it will be neces- sary to submit your next annual budget document to GFOA within 90 days of the proposed budget's submission to the legislature or within 90 days of the budget's final adoption. Enclosed is an application form to facilitate a timely submission. This form should be submitted with four copies of your budget accompanied by the appropriate fee. Each program participant is provided with confidential comments and suggestions for possible improvements to the budget document. Your comments are enclosed. We urge you to carefully consider the suggestions offered by our reviewers as you prepare your next budget. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. Enclosed is a Certificate of Recognition for Budget Preparation for: Steve Kleiber, Budget Administrator WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, DC 20006 202/429-2750 • Fax: 202/429-2755 Mr. W. Brent Robertson February 28, 2000 Page: 2 Your award plaque will be mailed separately and should arrive within six weeks. A camera-ready reproduction of the award will be forwarded to you for inclusion in your next budget. If you do reproduce the camera-ready in your next budget, it should be accompanied by a statement indicating continued compliance with program criteria. The following standardized text should be used: The Government Finance Officers Association of the United States and Canada (GFOA) presented a Distinguished Budget Presentation Award to the County of Roanoke, Virginia for its annual budget for the fiscal year beginning July 1, 1999. In order to receive-this award, a governmental unit must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan, and as a communications device. This award is valid for a period of one year only. We believe our current budget continues to conform to program requirements, and we are submitting it to GFOA to determine its eligibility for another award. In approximately four weeks, GFOA will mail a congratulatory letter to your designated executive official, accompanied by a press release. The Government Finance Officers Association encourages you to make arrangements for a formal presentation of the award. If you would like the award presented by a member of your state or provincial finance officers association, we can provide the name of a contact person for that group. We appreciate your participation in this program and we sincerely hope that your example will encourage others in their efforts to achieve and maintain excellence in governmental budgeting. If we can be of further assistance, please contact the Technical Services Center. Si crerely,r. , ~,I ~ ,L ~~`- /'~ ~. ~ ~> / ' ~--,~' ~ ,L 2^~'_ ~. ~~~ ~ S , ph~n ~; Gauthier, Director Technical Services Center Enclosure PROGRAM REQUIREMENTS DISTINGUISHED BUDGET PRESENTATION AWARDS PROGRAM GOVERNMENT FINANCE OFFICERS ASSOCIATION ABOUT THE PROGRAM. GFOA's Distinguished Budget Presentation Awards Program which was established in 1984 recognizes exemplary budget documentation by state, provincial and local governments as well as public universities and colleges. Entities participatingin the program submit copies of their operating budget for review. Each budget document is evaluated using a comprehensiveevaluationchecklistandthose which are adjudged proficient receive the Award. The Award covers only the budget for which it is awarded. Entities receivingawards are permitted to reproduce them only in their immediatesuccessi~e budget document and only on condition that they include standard program text from GFOA. 2. Capital Budget. Many applicants prepare a separate capital improvementplan and budgetdocument. Thosedocumentsare not required for the award. If, however, such a document is produced, applicants should submit one copy with the award submission. Even if a separate capital budget is prepared, applicants must include capital summary information in the operating budget. 3. Application Form and Attachments. Appl icants must submit four copies of the application form and any attachments required in the application. Special attention should be paid to the following items: REVIEW PROCESS. After a preliminary screening, eligible budgets are sent to three independent reviewers who are members of GFOA's Budget Review Panel. To receive the award, budgets must be adjudged proficient in all four major award categories as well as all "mandatory" criteria by two of the three reviewers. Those budgets that are rated "outstanding" by all 3 reviewers in any of four major award categories, receive special recognition. Budgets are categorized by size and assigned to reviewers based on their experience and familiarity with reviewingdocuments of asimilar size. Reviewers operate independently of GFOA officers and staff. The identities of reviewers to whom particular budgets are assigned for review are kept confidential. REVIEW PERIOD. The program staff seeks to provide participants with notification of award or reasons for denial of an application within six months of its receipt by GFOA. Participants are asked to refrain from inquiring regarding the status of their submissionduring this period because experience shows that earlier turnaround is extremely unlikely. APPEALS PROCESS. Participantswishingto appeal the decision of reviewers must submit a formal request for review by a panel of three differentreviewerswithin 30 days of receipt of a denial letter. GFOAwill seek to expedite the review which ordinarily requires 45 days from the date the appeal is received. A non- refundableappeals fee of one half the original application fee is requiredwhich must be accompaniedby a letter explaining the participant's basis for appeal along with three additional complete sets of budgets and supporting documentation. APPLICATION REQUIREMENTS. To apply to the program, participants must submit an application fee and the following documents within 90 days of their budget's adoption. 1. Operating Budget. Applicants must submit four copies of their official budget document. Most applicants submit the budget document within 90 days following adoption by the entity's governing body. Other entities submit their proposed budget because it contains the most substantive policy discussion. In these latter cases, the applicants must submit their proposed budget within 90 days of submission to the entity's governing body. Date of Adoption or submission. If the adopted budget is submitted for the award, identify the date on which the operating budget was officially adopted. Completed applications for adopted budgets must be received by GFOA within 90 days of the budget's adoption. If the proposed budget is submitted for the award, the completed application must be received by GFOA within 90 days of the proposed budget's submission to the entity's governing body or legislature. If requested, an extension of up to 30 days may be granted for application deadlines. Total Planned Expenditures. Identify the total planned expenditures included in your entity's operating budget. This amount is the total expenditures reflected in your budget (includingthe firstyear expenditureof the capital improvement plan) whether or not those expenditures are subject to appropriation. For example, the operating budget may include enterprise operations for which an appropriation by the governing body is not required. The expenditure amount reported on the form and used to calculate the application fee amount would include expenses for those enterprise operations Responses to reviewers' comments. If the applicant has previously participated in the budget awards program, the application materials should include the entity's responses to previous reviewers' comments and suggestions. The program does not require continuing participants to adopt reviewers' suggestions but encourages their serious consideration. Applicants should indicate in writing if they incorporated the major revisions suggested by reviewers, and if not, why. These responses should be attached to all copies of the application form. 4. Detailed Criteria Location Guide. Applicants must submit four completed copies of the "Detailed Criteria Location Guide". On this form, applicants should identify the location (i.e., page number(s) in the operating budget where the applicant satisfies each element of a criterion. In those instances where there are many examples of budget documentation that meet the criteria, applicants will typically identify the location of only a few examples. This guide aids budget reviewers in completingtheireualuation of your budget in a timely and accurate manner. ;~.. Mary Allen -Neil Gallagher plans to attend 12/5/00 Board Meeting Page 1 From: "Joyce Waugh" <jwaugh@roanokechamber.org> To: "Elmer Hodge" <ehodge@co.roanoke.va.us>, "Susie Owen" <sowen@co.roanoke.va.us> Date: 11/29/00 3:12PM Subject: Neil Gallagher plans to attend 12/5/00 Board Meeting Elmer, Neil said he'll be there at 3pm at RCAC on Tuesday, 12/5/00 to speak about I-73. He's be out-of-town nearly more than in town the past year, we happened to catch him in town. I told Neil that I'd fax him some background info. Some sad news. Don Hershey died about a month ago. He's their former HR person who took a position in their NOVA office about a year ago. He was in a minor car accident on his way home, got out of the car, collapsed and never re-gained consciousness. Neil said they believe he had a stroke. Beth, Neil was sorry he couldn't attend the annual meeting. He was looking forward to hearing Sabato. He's got to fly to NY that evening and will send: Vince Thomas, vp operations and their finance guy. Joyce Waugh VP Public Policy & Strategic Issues Roanoke Regional Chamber of Commerce jwaugh@roanokechamber.org 540-983-0700 x 226 CC: "BETH DOUGHTY" <bdoughty@roanokechamber.org> Mary Allen -Next week's board meeting Page 1 From: "Beth Doughty" <BDoughty@RoanokeChamber.org> To: <ehodge@co.roanoke.va.us> Date: 11/28/00 5:26PM Subject: Next week's board meeting Elmer, I will be in Baltimore next Tuesday but will have either our president, Howard Noel, or Steve Chapin, chair of our transportation committee, speak. I also talked with Rob Glenn and he can be there if he will be out by 4:15. I called for an estimated time today but Brenda said the agenda wasn't finalized. Could you please let me know when you know an estimate of what time this issue will be addressed? I'm also trying to get one or two other business people from Roanoke County businesses to speak on behalf of the build alternative. I'm attaching a powerpoint presentation I did for my board on the build alternative. Feel free to share it with your board members if you think it might help communicate the necessity to build this road. Beth Doughty President Roanoke Regional Chamber of Commerce 212 S. Jefferson Street Roanoke, VA 24011 540 983-0700x222 540 983-0723 (fax) bdoughty@roanokechamber.org Mary Allen - Re: Closed Session Page 1 From: Mary Allen To: Sue Patterson-Bane Subject: Re: Closed Session I add to the agenda. »> Sue Patterson-Bane 11/30/00 09:07AM »> Paul would like a C.S. for appointment of personnel -the 2001 Board of Equalization. Thanks, Sue Mary Allen - Re' Meeting with Legislators Page 1 From: Mary Allen To: Sue Patterson-Bane Subject: Re: Meeting with Legislators Thanks. I'll add to 12/5 agenda. Mary »> Sue Patterson-Bane 11/02/00 02:54PM »> I have heard from all 6 legislators and the only one who will not be able to attend is Senator Edwards. Cranwell has a hearing that day at 2:30 but his secretary said she would put it on his calendar to attend. Sue Mary Allen -Recognitions at 12/5 Board Meeting Page 1 From: Mary Allen To: Brent Robertson; Diane Hyatt; John Chambliss Subject: Recognitions at 12/5 Board Meeting Would each of you provide me with information on the recognitions that we added to the agenda at the agenda staff meeting yesterday so I can prepare Board reports. They are: (1) GFOA Finance award (not sure what for) (2) GFOA Budget award for 1999 budget book (?) (3) Poiice Department reaccreditation Thanks. Mary Allen Mary Allen - AI T. Page 1 From: Janet Scheid To: Terry Harrington Date: 11 /28/00 8:37AM Subject: AI T. AI called this morning to find out what you had called about. He says he does want to be reappointed. Janet Scheid Senior Planner jscheid@co.roanoke.va.us 540/772-2094 Mary Allen -Fwd: At Thomason Page 1 ~ From: Mary Allen To: Jmcnamara@a4healthsystems. com Subject: Fwd: At Thomason Joe, AI Thomason does wish to be reappointed to the Planning Commission from the Windsor Hills District. I will add his name to the Consent Agenda for the 12/5 meeting. Brenda Holton - 11-14 Agenda - AI Gleiner Page 1 J~~o ~~~r ;~~ From: Brenda Holton f''~ ... To: Elmer Hodge; Mary Allen / ~ E~.ti` `°~' ~-:C~"t Date: 11/13/00 9:52AM Subject: 11-14 Agenda - AI Gleiner ~, ~ i-i~Mi ~;~ifLEi~K~S :7Ff~ICE Below is voice mail message left on the Board's phone Friday. Hello this is Alan Gleiner from the I-73 Regional Impact Network and I would like to have someone Give me a call at 344-7000 We would like to get an item on the agenda for this coming Nov 14 for having the Board send their comments to VDOT officially. Just give me a call. Thanks very much. I called Mr. Gleiner back and told him too late to put on agenda but he could speak under citizen's comments. He said that he will come and speak but he really needs an official action with the Board's comments for VDOT concerning I-73. He will give the Board some information and request that it be put on Dec 19th agenda. He cannot do it at the Dec 5th meeting because the I-73 Regional Network has a big meeting that day. Explained that Mr. Hodge and Clerk were out of town; and that I would give them his message when they return. He will be at this number tomorrow if either of you want to call him. Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors 540-772-2005 bholton@co.roanoke.va.us CC: Dan ODonnell; John Chambliss October 17, 2000 NOTE TO: note to file FROM: Brenda J. Holton SUBJECT: invocation for December 5, 2000 Rev. Becky Proctor, Rosaline Hills Baptist Church, agreed today to give the invocation at the December 5, 2000 Board Meeting. Rev. Becky Proctor Rosaline Hills Baptist Church 2711 Laburnum Avenue, SW Roanoke, VA 24015 344-7888 .~,'" INTER MEMO ROANOKE COUNTY BOARD OF SUPERVISORS O F F I C E CLERK' S OFFICE TO: Arnold Covey, Director, Community Development FROM: Brenda J. Holton, Deputy Clerk ,~y~,,,~a -~.- DATE: October 11, 2000 SUBJECT: RETIREMENT RESOLUTION The Human Resources Department has notified us that Joseph A. Keaton, Electrical Inspector, Community Development Department, retired on October 1, 2000. Mr. Keaton would like to attend the December 5, 2000 Board meeting at 3:00 p.m. to receive a resolution of appreciation. Could you please return the draft resolution to me by November 29 at the latest, after doing the following: 7. Review and make any suggestions or corrections you deem appropriate. 2. Provide additional information for the third or (if necessary) a fourth paragraph to make the resolution more personal and meaningful. (a) include anyawards; outstanding achievements; special projects; department, organization and/or community involvement; and anyotherinformation, such as outstanding attendance record; or being extremely dependable and responsible. Thanks for your help and if you have any questions, please let me know. Attachments 0~ POANp~~ ~ <~ ~ ~ ~ 1838 OFFICE OF THE COUNTY ATTORNEY P.O. BOX 29800 5204 BERNARD DR1VE PAUL M. MAHONEY ROANOKE, VIRGINIA 24018-0798 JOSEPH B. OBENSHAIN COUNTYATTORNEY FAX (540) 772-2089 SENIOR ASSISTANTCOUNTYATTORNEY (540)772-2007 The Honorable C. Richard Cranwell Virginia House of Delegates P. O. Box 459 Vinton, VA 24179 The Honorable H. Morgan Griffith Virginia House of Delegates P. O. Box 1250 Salem, VA 24153 October 25, 2000 VICKIE L. HUFFMAN ASSISTANT COUNTYATTORNEY (540)772-2071 The Honorable John S. Edwards Virginia Senate P. O. Box 1179 Roanoke, VA 2400b The Honorable Malfourd W. "Bo" Trumbo Virginia Senate P. O. Box 448 Fincastle, VA 24090 The Honorable A. Victor Thomas The Honorable Clifton A. Woodrum Virginia House of Delegates Virginia House of Delegates 1301 Orange Avenue, NE P. O. Box 990 Roanoke, VA 24012 Roanoke, VA 24005 Re: 2001 Session -Virginia General Assembly Gentlemen: The Board of Supervisors shall meet on Tuesday, December 5, 2000, for a regularbi-monthly meeting. The Board has requested that I invite you to meet with the Board members to discuss the upcoming session of the Virginia General Assembly. Therefore, I invite each of you for a meeting with the Board of Supervisors at 5:00 p.m. on Tuesday, December 5, 2000, at 5204 Bernard Drive. Sue Patterson-Bane from my office will be calling to confirm you attendance. very truly yours, Paul M. Mahoney County Attorney PMM/spb cc: Board of Supervisors Elmer C. Hodge ®Recycled Paper Mary Allen -Legislative agenda Page 1 r From: Elmer Hodge To: Paul Mahoney Date: 11 /17/00 12:39PM Subject: Legislative agenda I saw Darlene Burcham yesterday and she asked if we would include their request for airplane tax reduction to be included in our package. Do you have a problem with that? If not, I will send the BOS a memo asking them to do so. Elmer Hodge Roanoke County Administrator 540-772-2001 CC: Mary Allen Mary Allen - I-73 Page 1 '' From: Elmer Hodge To: Arnold Covey,PMAHONEY.ADM_POST.ADM_DOMAIN Date: 11 /18/00 7:42AM Subject: I-73 We have to take an item to the BOS on I-73 at the next meeting. The BOS has taken a position preferring the I-581, 220 route and I am ok with that. I think we should strengthen our resolution because decision day is getting closer and the pace is quickening. I want to reaffirm our position on the BUILD option and may want to present this myself. I may also want to bring to the meeting some businessmen to support it. This should give us a basis for a statement we should make at the meeting here in Roanoke in December. Arn, can you get with me Wed to brief me on the document that I gave you this week? I will have Susie schedule that. Bring any others you think should be there. Thanks CC: MALLEN.ADM_POST.ADM_DOMAIN,SOWEN.ADM_POST.ADM_DOMAIN Mary Allen -Title for Webster Road Water Board Report Page 1 "' From: Bob Benninger To: Mary Allen Date: 11 /27/00 9:59AM Subject: Title for Webster Road Water Board Report Mary: Gary asked me to send this to you. "First Reading of Ordinance Authorizing Creation of and Financing for a Local Pubic Works Improvements Project -Webster Road Water Project" Board report will be e-mailed later today.